Rep. Julie Hamos
Filed: 11/28/2007
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1 | AMENDMENT TO SENATE BILL 307
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2 | AMENDMENT NO. ______. Amend Senate Bill 307 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois State Auditing Act is amended by | ||||||
5 | adding Section 3-2.3 as follows: | ||||||
6 | (30 ILCS 5/3-2.3 new)
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7 | Sec. 3-2.3. Report on Chicago Transit Authority. | ||||||
8 | (a) No less than 60 days prior to the issuance of bonds or | ||||||
9 | notes by the Chicago Transit Authority (referred to as the | ||||||
10 | "Authority" in this Section) pursuant to Section 12c of the | ||||||
11 | Metropolitan Transit Authority Act, the following | ||||||
12 | documentation shall be submitted to the Auditor General and the | ||||||
13 | Regional Transportation Authority: | ||||||
14 | (1) Retirement Plan Documentation. The Authority shall | ||||||
15 | submit a certification that:
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16 | (A) it is legally authorized to issue the bonds or |
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1 | notes;
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2 | (B) scheduled annual payments of principal and | ||||||
3 | interest on the bonds and notes to be issued meet the | ||||||
4 | requirements of Section 12c(b)(5) of the Metropolitan | ||||||
5 | Transit Authority Act;
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6 | (C) no bond or note shall mature later than | ||||||
7 | December 31, 2039; and
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8 | (D) after payment of costs of issuance and | ||||||
9 | necessary deposits to funds and accounts established | ||||||
10 | with respect to debt service on the bonds or notes, the | ||||||
11 | net bond and note proceeds (exclusive of any proceeds | ||||||
12 | to be used to refund outstanding bonds or notes) will | ||||||
13 | be deposited in the Retirement Plan for Chicago Transit | ||||||
14 | Authority Employees and used only for the purposes | ||||||
15 | required by Section 22-101 of the Illinois Pension | ||||||
16 | Code.
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17 | (2) The Board of Trustees of the Retirement Plan for | ||||||
18 | Chicago Transit Authority Employees shall submit a | ||||||
19 | certification that the Retirement Plan for Chicago Transit | ||||||
20 | Authority Employees is operating in accordance with all | ||||||
21 | applicable legal and contractual requirements, including | ||||||
22 | the following:
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23 | (A) the members of a new Board of Trustees have | ||||||
24 | been appointed according to the requirements of | ||||||
25 | Section 22-101(b) of the Illinois Pension Code; and
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26 | (B) contribution levels for employees and the |
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1 | Authority have been established according to the | ||||||
2 | requirements of Section 22-101(d) of the Illinois | ||||||
3 | Pension Code.
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4 | (3) Actuarial Report. The Board of Trustees of the | ||||||
5 | Retirement Plan for Chicago Transit Authority Employees | ||||||
6 | shall submit an actuarial report prepared by an enrolled | ||||||
7 | actuary setting forth:
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8 | (A) the method of valuation and the underlying | ||||||
9 | assumptions;
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10 | (B) a comparison of the debt service schedules of | ||||||
11 | the bonds or notes proposed to be issued to the | ||||||
12 | Retirement Plan's current unfunded actuarial accrued | ||||||
13 | liability amortization schedule, as required by | ||||||
14 | Section 22-101(e) of the Illinois Pension Code, using | ||||||
15 | the projected interest cost of the bond or note issue | ||||||
16 | as the discount rate to calculate the estimated net | ||||||
17 | present value savings; | ||||||
18 | (C) the amount of the estimated net present value | ||||||
19 | savings comparing the true interest cost of the | ||||||
20 | bonds or notes with the actuarial investment | ||||||
21 | return assumption of the Retirement Plan; and | ||||||
22 | (D) a certification that the net proceeds of the | ||||||
23 | bonds or notes, together with anticipated earnings | ||||||
24 | on contributions and deposits, will be sufficient | ||||||
25 | to reasonably conclude on an actuarial basis that | ||||||
26 | the total retirement assets of the Retirement Plan |
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1 | will not be less than 90% of its liabilities by the | ||||||
2 | end of fiscal year 2058. | ||||||
3 | (4) The Authority shall submit a financial analysis | ||||||
4 | prepared by an independent advisor. The financial analysis | ||||||
5 | must include a determination that the issuance of bonds is | ||||||
6 | in the best interest of the Retirement Plan for Chicago | ||||||
7 | Transit Authority Employees and the Chicago Transit | ||||||
8 | Authority. The independent advisor shall not act as | ||||||
9 | underwriter or receive a legal, consulting, or other fee | ||||||
10 | related to the issuance of any bond or notes issued by the | ||||||
11 | Authority pursuant to Section 12c of the Metropolitan | ||||||
12 | Transit Authority Act except compensation due for the | ||||||
13 | preparation of the financial analysis. | ||||||
14 | (5) Retiree Health Care Trust Documentation. The | ||||||
15 | Authority shall submit a certification that: | ||||||
16 | (A) it is legally authorized to issue the bonds or | ||||||
17 | notes; | ||||||
18 | (B) scheduled annual payments of principal and | ||||||
19 | interest on the bonds and notes to be issued meets the | ||||||
20 | requirements of Section 12c(b)(5) of the Metropolitan | ||||||
21 | Transit Authority Act; | ||||||
22 | (C) no bond or note shall mature later than | ||||||
23 | December 31, 2039; and | ||||||
24 | (D) after payment of costs of issuance and | ||||||
25 | necessary deposits to funds and accounts established | ||||||
26 | with respect to debt service on the bonds or notes, the |
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1 | net bond and note proceeds (exclusive of any proceeds | ||||||
2 | to be used to refund outstanding bonds or notes) will | ||||||
3 | be deposited in the Retiree Health Care Trust and used | ||||||
4 | only for the purposes required by Section 22-101B of | ||||||
5 | the Illinois Pension Code. | ||||||
6 | (6) The Board of Trustees of the Retiree Health Care | ||||||
7 | Trust shall submit a certification that the Retiree Health | ||||||
8 | Care Trust has been established in accordance with all | ||||||
9 | applicable legal requirements, including the following: | ||||||
10 | (A) the Retiree Health Care Trust has been | ||||||
11 | established and a Trust document is in effect to govern | ||||||
12 | the Retiree Health Care Trust; | ||||||
13 | (B) the members of the Board of Trustees of the | ||||||
14 | Retiree Health Care Trust have been appointed | ||||||
15 | according to the requirements of Section 22-101B(b)(1) | ||||||
16 | of the Illinois Pension Code; | ||||||
17 | (C) a health care benefit program for eligible | ||||||
18 | retirees and their dependents and survivors has been | ||||||
19 | established by the Board of Trustees according to the | ||||||
20 | requirements of Section 22-101B(b)(2) of the Illinois | ||||||
21 | Pension Code; | ||||||
22 | (D) contribution levels have been established for | ||||||
23 | retirees, dependents and survivors according to the | ||||||
24 | requirements of Section 22-101B(b)(5) of the Illinois | ||||||
25 | Pension Code; and | ||||||
26 | (E) contribution levels have been established for |
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1 | employees of the Authority according to the | ||||||
2 | requirements of Section 22-101B(b)(6) of the Illinois | ||||||
3 | Pension Code. | ||||||
4 | (7) Actuarial Report. The Board of Trustees of the | ||||||
5 | Retiree Health Care Trust shall submit an actuarial report | ||||||
6 | prepared by an enrolled actuary setting forth: | ||||||
7 | (A) the method of valuation and the underlying | ||||||
8 | assumptions; | ||||||
9 | (B) a comparison of the projected interest cost of | ||||||
10 | the bonds or notes proposed to be issued with the | ||||||
11 | actuarial investment return assumption of the Retiree | ||||||
12 | Health Care Trust; and | ||||||
13 | (C) a certification that the net proceeds of the | ||||||
14 | bonds or notes, together with anticipated earnings on | ||||||
15 | contributions and deposits, will be sufficient to | ||||||
16 | adequately fund the actuarial present value of | ||||||
17 | projected benefits expected to be paid under the | ||||||
18 | Retiree Health Care Trust, or a certification of the | ||||||
19 | increases in contribution levels and decreases in | ||||||
20 | benefit levels that would be required in order to cure | ||||||
21 | any funding shortfall over a period of not more than 10 | ||||||
22 | years. | ||||||
23 | (8) The Authority shall submit a financial analysis | ||||||
24 | prepared by an independent advisor. The financial analysis | ||||||
25 | must include a determination that the issuance of bonds is | ||||||
26 | in the best interest of the Retiree Health Care Trust and |
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1 | the Chicago Transit Authority. The independent advisor | ||||||
2 | shall not act as underwriter or receive a legal, | ||||||
3 | consulting, or other fee related to the issuance of any | ||||||
4 | bond or notes issued by the Authority pursuant to Section | ||||||
5 | 12c of the Metropolitan Transit Authority Act except | ||||||
6 | compensation due for the preparation of the financial | ||||||
7 | analysis. | ||||||
8 | (b) The Auditor General shall examine the information | ||||||
9 | submitted pursuant to Section 3-2.3(a)(1) through (4) and | ||||||
10 | submit a report to the General Assembly, the Legislative Audit | ||||||
11 | Commission, the Governor, the Regional Transportation | ||||||
12 | Authority and the Authority indicating whether (i) the required | ||||||
13 | certifications by the Authority and the Board of Trustees of | ||||||
14 | the Retirement Plan have been made, and (ii) the actuarial | ||||||
15 | reports have been provided, the reports include all required | ||||||
16 | information, the assumptions underlying those reports are not | ||||||
17 | unreasonable in the aggregate, and the reports appear to comply | ||||||
18 | with all pertinent professional standards, including those | ||||||
19 | issued by the Actuarial Standards Board. The Auditor General | ||||||
20 | shall submit such report no later than 60 days after receiving | ||||||
21 | the information required to be submitted by the Authority and | ||||||
22 | the Board of Trustees of the Retirement Plan. Any bonds or | ||||||
23 | notes issued by the Authority under item (1) of subsection (b) | ||||||
24 | of Section 12c of the Metropolitan Transit Authority Act shall | ||||||
25 | be issued within 120 days after receiving such report from the | ||||||
26 | Auditor General. The Authority may not issue bonds or notes |
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1 | until it receives the report from the Auditor General | ||||||
2 | indicating the above requirements have been met. | ||||||
3 | (c) The Auditor General shall examine the information | ||||||
4 | submitted pursuant to Section 3-2.3(a)(5) through (8) and | ||||||
5 | submit a report to the General Assembly, the Legislative Audit | ||||||
6 | Commission, the Governor, the Regional Transportation | ||||||
7 | Authority and the Authority indicating whether (i) the required | ||||||
8 | certifications by the Authority and the Board of Trustees of | ||||||
9 | the Retiree Health Care Trust have been made, and (ii) the | ||||||
10 | actuarial reports have been provided, the reports include all | ||||||
11 | required information, the assumptions underlying those reports | ||||||
12 | are not unreasonable in the aggregate, and the reports appear | ||||||
13 | to comply with all pertinent professional standards, including | ||||||
14 | those issued by the Actuarial Standards Board. The Auditor | ||||||
15 | General shall submit such report no later than 60 days after | ||||||
16 | receiving the information required to be submitted by the | ||||||
17 | Authority and the Board of Trustees of the Retiree Health Care | ||||||
18 | Trust. Any bonds or notes issued by the Authority under item | ||||||
19 | (2) of subsection (b) of Section 12c of the Metropolitan | ||||||
20 | Transit Authority Act shall be issued within 120 days after | ||||||
21 | receiving such report from the Auditor General. The Authority | ||||||
22 | may not issue bonds or notes until it receives a report from | ||||||
23 | the Auditor General indicating the above requirements have been | ||||||
24 | met. | ||||||
25 | (d) In fulfilling this duty, after receiving the | ||||||
26 | information submitted pursuant to Section 3-2.3(a), the |
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1 | Auditor General may request additional information and support | ||||||
2 | pertaining to the data and conclusions contained in the | ||||||
3 | submitted documents and the Authority, the Board of Trustees of | ||||||
4 | the Retirement Plan and the Board of Trustees of the Retiree | ||||||
5 | Health Care Trust shall cooperate with the Auditor General and | ||||||
6 | provide additional information as requested in a timely manner. | ||||||
7 | The Auditor General may also request from the Regional | ||||||
8 | Transportation Authority an analysis of the information | ||||||
9 | submitted by the Authority relating to the sources of funds to | ||||||
10 | be utilized for payment of the proposed bonds or notes of the | ||||||
11 | Authority. The Auditor General's report shall not be in the | ||||||
12 | nature of a post-audit or examination and shall not lead to the | ||||||
13 | issuance of an opinion as that term is defined in generally | ||||||
14 | accepted government auditing standards. | ||||||
15 | (e) Annual Retirement Plan Submission to Auditor General. | ||||||
16 | The Board of Trustees of the Retirement Plan for Chicago | ||||||
17 | Transit Authority Employees established by Section 22-101 of | ||||||
18 | the Illinois Pension Code shall provide the following documents | ||||||
19 | to the Auditor General annually no later than September 30: | ||||||
20 | (1) the most recent audit or examination of the | ||||||
21 | Retirement Plan; | ||||||
22 | (2) an annual statement containing the information | ||||||
23 | specified in Section 1A-109 of the Illinois Pension Code; | ||||||
24 | and | ||||||
25 | (3) a complete actuarial statement applicable to the | ||||||
26 | prior plan year, which may be the annual report of an |
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1 | enrolled actuary retained by the Retirement Plan specified | ||||||
2 | in Section 22-101(e) of the Illinois Pension Code. | ||||||
3 | The Auditor General shall annually examine the information | ||||||
4 | provided pursuant to this subsection and shall submit a report | ||||||
5 | of the analysis thereof to the General Assembly, including the | ||||||
6 | report specified in Section 22-101(e) of the Illinois Pension | ||||||
7 | Code. | ||||||
8 | (f) The Auditor General shall annually examine the | ||||||
9 | information submitted pursuant to Section 22-101B(b)(3)(iii) | ||||||
10 | of the Illinois Pension Code and shall prepare the | ||||||
11 | determination specified in Section 22-101B(b)(3)(iv) of the | ||||||
12 | Illinois Pension Code.
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13 | (g) In fulfilling the duties under Sections 3-2.3(e) and | ||||||
14 | (f) the Auditor General may request additional information and | ||||||
15 | support pertaining to the data and conclusions contained in the | ||||||
16 | submitted documents and the Authority, the Board of Trustees of | ||||||
17 | the Retirement Plan and the Board of Trustees of the Retiree | ||||||
18 | Health Care Trust shall cooperate with the Auditor General and | ||||||
19 | provide additional information as requested in a timely manner. | ||||||
20 | The Auditor General's review shall not be in the nature of a | ||||||
21 | post-audit or examination and shall not lead to the issuance of | ||||||
22 | an opinion as that term is defined in generally accepted | ||||||
23 | government auditing standards. Upon request of the Auditor | ||||||
24 | General, the Commission on Government Forecasting and | ||||||
25 | Accountability and the Public Pension Division of the Illinois | ||||||
26 | Department of Financial and Professional Regulation shall |
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1 | cooperate with and assist the Auditor General in the conduct of | ||||||
2 | his review. | ||||||
3 | (h) The Auditor General shall submit a bill to the | ||||||
4 | Authority for costs associated with the examinations and | ||||||
5 | reports specified in subsections (b) and (c) of this Section | ||||||
6 | 3-2.3, which the Authority shall reimburse in a timely manner. | ||||||
7 | The costs associated with the examinations and reports which | ||||||
8 | are reimbursed by the Authority shall constitute a cost of | ||||||
9 | issuance of the bonds or notes under Section 12c(b)(1) and (2) | ||||||
10 | of the Metropolitan Transit Authority Act. The amount received | ||||||
11 | shall be deposited into the fund or funds from which such costs | ||||||
12 | were paid by the Auditor General. The Auditor General shall | ||||||
13 | submit a bill to the Retirement Plan for Chicago Transit | ||||||
14 | Authority Employees for costs associated with the examinations | ||||||
15 | and reports specified in subsection (e) of this Section, which | ||||||
16 | the Retirement Plan for Chicago Transit Authority Employees | ||||||
17 | shall reimburse in a timely manner. The amount received shall | ||||||
18 | be deposited into the fund or funds from which such costs were | ||||||
19 | paid by the Auditor General. The Auditor General shall submit a | ||||||
20 | bill to the Retiree Health Care Trust for costs associated with | ||||||
21 | the determination specified in subsection (f) of this Section, | ||||||
22 | which the Retiree Health Care Trust shall reimburse in a timely | ||||||
23 | manner. The amount received shall be deposited into the fund or | ||||||
24 | funds from which such costs were paid by the Auditor General.
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25 | Section 6. The State Finance Act is amended by adding |
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1 | Section 5.676 as follows: | ||||||
2 | (30 ILCS 105/5.676 new)
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3 | Sec. 5.676. The Downstate Transit Improvement Fund. | ||||||
4 | Section 7. The Downstate Public Transportation Act is | ||||||
5 | amended by changing Sections 2-2.04, 2-3, 2-6, 2-7, and 2-15 as | ||||||
6 | follows:
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7 | (30 ILCS 740/2-2.04) (from Ch. 111 2/3, par. 662.04)
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8 | Sec. 2-2.04. "Eligible operating expenses" means all | ||||||
9 | expenses required
for public transportation, including | ||||||
10 | employee wages and benefits,
materials, fuels, supplies, | ||||||
11 | rental of facilities, taxes other than income
taxes, payment | ||||||
12 | made for debt service (including principal and interest) on
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13 | publicly owned equipment or facilities, and any other | ||||||
14 | expenditure which is
an operating expense according to standard | ||||||
15 | accounting practices for the
providing of public | ||||||
16 | transportation. Eligible operating expenses shall not
include | ||||||
17 | allowances: (a) for depreciation whether funded or unfunded; | ||||||
18 | (b)
for amortization of any intangible costs; (c) for debt | ||||||
19 | service on capital
acquired with the assistance of capital | ||||||
20 | grant funds provided by the State
of Illinois; (d) for profits | ||||||
21 | or return on investment; (e) for excessive
payment to | ||||||
22 | associated entities; (f) for Comprehensive Employment Training
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23 | Act expenses; (g) for costs reimbursed under Sections 6 and 8 |
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1 | of the "Urban
Mass Transportation Act of 1964", as amended; (h) | ||||||
2 | for entertainment
expenses; (i) for charter expenses; (j) for | ||||||
3 | fines and penalties; (k) for
charitable donations; (l) for | ||||||
4 | interest expense on long term borrowing and
debt retirement | ||||||
5 | other than on publicly owned equipment or facilities; (m)
for | ||||||
6 | income taxes; or (n) for such other expenses as the Department | ||||||
7 | may
determine consistent with federal Department of | ||||||
8 | Transportation regulations
or requirements. In consultation | ||||||
9 | with participants, the Department shall, by October 2008, | ||||||
10 | promulgate or update rules, pursuant to the Illinois | ||||||
11 | Administrative Procedure Act, concerning eligible expenses to | ||||||
12 | ensure consistent application of the Act, and the Department | ||||||
13 | shall provide written copies of those rules to all eligible | ||||||
14 | recipients. The Department shall review this process in the | ||||||
15 | same manner no less frequently than every 5 years.
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16 | With respect to participants other than any Metro-East | ||||||
17 | Transit District
participant and those receiving federal | ||||||
18 | research development and demonstration
funds pursuant to | ||||||
19 | Section 6 of the "Urban Mass Transportation Act of 1964",
as | ||||||
20 | amended, during the fiscal year ending June 30, 1979, the | ||||||
21 | maximum eligible
operating expenses for any such participant in | ||||||
22 | any fiscal year after Fiscal
Year 1980 shall be the amount | ||||||
23 | appropriated for such participant for the
fiscal year ending | ||||||
24 | June 30, 1980, plus in each year a 10% increase over
the | ||||||
25 | maximum established for the preceding fiscal year. For Fiscal | ||||||
26 | Year
1980 the maximum eligible operating expenses for any such |
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1 | participant shall
be the amount of projected operating expenses | ||||||
2 | upon which the appropriation
for such participant for Fiscal | ||||||
3 | Year 1980 is based.
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4 | With respect to participants receiving federal research | ||||||
5 | development and
demonstration operating assistance funds for | ||||||
6 | operating assistance pursuant
to Section 6 of the "Urban Mass | ||||||
7 | Transportation Act of 1964", as amended,
during the fiscal year | ||||||
8 | ending June 30, 1979, the maximum eligible operating
expenses | ||||||
9 | for any such participant in any fiscal year after Fiscal Year | ||||||
10 | 1980
shall not exceed such participant's eligible operating | ||||||
11 | expenses for the
fiscal year ending June 30, 1980, plus in each | ||||||
12 | year a 10% increase over
the maximum established for the | ||||||
13 | preceding fiscal year. For Fiscal Year
1980, the maximum | ||||||
14 | eligible operating expenses for any such participant shall
be | ||||||
15 | the eligible operating expenses incurred during such fiscal | ||||||
16 | year, or
projected operating expenses upon which the | ||||||
17 | appropriation for such participant
for the Fiscal Year 1980 is | ||||||
18 | based; whichever is less.
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19 | With respect to all participants other than any Metro-East | ||||||
20 | Transit
District participant, the maximum eligible operating | ||||||
21 | expenses for any such
participant in any fiscal year after | ||||||
22 | Fiscal Year 1985 (except Fiscal Year 2008 and Fiscal Year 2009)
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23 | shall be the amount
appropriated for such participant for the | ||||||
24 | fiscal year ending June 30, 1985,
plus in each year a 10% | ||||||
25 | increase over the maximum established for the preceding
year. | ||||||
26 | For Fiscal Year 1985, the maximum eligible operating expenses |
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1 | for
any such participant shall be the amount of projected | ||||||
2 | operating expenses
upon which the appropriation for such | ||||||
3 | participant for Fiscal Year 1985 is
based.
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4 | With respect to any mass transit district participant that | ||||||
5 | has increased
its district boundaries by annexing counties | ||||||
6 | since 1998 and is maintaining a
level of local financial | ||||||
7 | support, including all income and revenues, equal to
or greater | ||||||
8 | than the level in the State fiscal year ending June 30, 2001, | ||||||
9 | the
maximum eligible operating expenses for any State fiscal | ||||||
10 | year after 2002 (except State fiscal years
year 2006 through | ||||||
11 | 2009 ) shall
be the amount appropriated for that participant for | ||||||
12 | the State fiscal year
ending June 30, 2002, plus, in each State | ||||||
13 | fiscal year, a 10% increase over the
preceding State fiscal | ||||||
14 | year. For State fiscal year 2002, the maximum eligible
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15 | operating expenses for any such participant shall be the amount | ||||||
16 | of projected
operating expenses upon which the appropriation | ||||||
17 | for that participant for State
fiscal year 2002 is based. For | ||||||
18 | that participant, eligible operating expenses
for State fiscal | ||||||
19 | year 2002 in excess of the eligible operating expenses for the
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20 | State fiscal year ending June 30, 2001, plus 10%, must be | ||||||
21 | attributed to the
provision of services in the newly annexed | ||||||
22 | counties.
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23 | With respect to a participant that receives an initial | ||||||
24 | appropriation in State
fiscal year 2002 or thereafter, the | ||||||
25 | maximum eligible operating expenses for any State fiscal
year | ||||||
26 | after 2003 (except State fiscal years
year 2006 through 2009 ) |
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1 | shall be the amount appropriated for that participant for the
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2 | State fiscal year in which it received its initial | ||||||
3 | appropriation, plus, in each year, a 10% increase over
the | ||||||
4 | preceding year. For the initial State fiscal year in which a | ||||||
5 | participant received an appropriation, the maximum eligible | ||||||
6 | operating
expenses for any such participant shall be the amount | ||||||
7 | of projected operating
expenses upon which the appropriation | ||||||
8 | for that participant for that State fiscal
year is based.
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9 | With respect to the District serving primarily the counties | ||||||
10 | of Monroe and St. Clair, beginning July 1, 2005, the St. Clair | ||||||
11 | County Transit District shall no longer be included for new | ||||||
12 | appropriation funding purposes as part of the Metro-East Public | ||||||
13 | Transportation Fund and instead shall be included for new | ||||||
14 | appropriation funding purposes as part of the Downstate Public | ||||||
15 | Transportation Fund; provided, however, that nothing herein | ||||||
16 | shall alter the eligibility of that District for previously | ||||||
17 | appropriated funds to which it would otherwise be entitled.
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18 | With respect to the District serving primarily Madison | ||||||
19 | County, beginning July 1, 2008, the Madison County Transit | ||||||
20 | District shall no longer be included for new appropriation | ||||||
21 | funding purposes as part of the Metro-East Public | ||||||
22 | Transportation Fund and instead shall be included for new | ||||||
23 | appropriation funding purposes as part of the Downstate Public | ||||||
24 | Transportation Fund; provided, however, that nothing herein | ||||||
25 | shall alter the eligibility of that District for previously | ||||||
26 | appropriated funds to which it would otherwise be entitled. |
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1 | With respect to the fiscal year beginning July 1, 2007, and | ||||||
2 | thereafter, the following shall be included for new | ||||||
3 | appropriation funding purposes as part of the Downstate Public | ||||||
4 | Transportation Fund: Bond County; Bureau County; Coles County; | ||||||
5 | Edgar County; Stephenson County and the City of Freeport; Henry | ||||||
6 | County; Jo Daviess County; Kankakee and McLean Counties; Peoria | ||||||
7 | County; Piatt County; Shelby County; Tazewell and Woodford | ||||||
8 | Counties; Vermillion County; Williamson County; and Kendall | ||||||
9 | County.
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10 | (Source: P.A. 94-70, eff. 6-22-05.)
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11 | (30 ILCS 740/2-3) (from Ch. 111 2/3, par. 663)
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12 | Sec. 2-3. (a) As soon as possible after the first day of | ||||||
13 | each month,
beginning July 1, 1984, upon certification of the | ||||||
14 | Department of Revenue,
the Comptroller shall order | ||||||
15 | transferred, and the Treasurer shall
transfer, from the General | ||||||
16 | Revenue Fund to a special fund in the State
Treasury which is | ||||||
17 | hereby created, to be known as the "Downstate Public
| ||||||
18 | Transportation Fund", an amount equal to 2/32 (beginning July | ||||||
19 | 1, 2005, 3/32) of the net revenue
realized from the "Retailers' | ||||||
20 | Occupation Tax Act", as now or hereafter
amended, the "Service | ||||||
21 | Occupation Tax Act", as now or hereafter amended,
the "Use Tax | ||||||
22 | Act", as now or hereafter amended, and the "Service Use Tax
| ||||||
23 | Act", as now or hereafter amended, from persons incurring | ||||||
24 | municipal or
county retailers' or service occupation tax | ||||||
25 | liability for the benefit of
any municipality or county located |
| |||||||
| |||||||
1 | wholly within the boundaries of each
participant other than any | ||||||
2 | Metro-East Transit District participant
certified pursuant to | ||||||
3 | subsection (c) of this Section during the
preceding month, | ||||||
4 | except that the Department shall pay into the Downstate
Public | ||||||
5 | Transportation Fund 2/32 (beginning July 1, 2005, 3/32) of 80% | ||||||
6 | of the net revenue realized under
the State tax Acts named | ||||||
7 | above within any municipality or county located
wholly within | ||||||
8 | the boundaries of each participant, other than any Metro-East
| ||||||
9 | participant, for tax periods beginning on or after January 1, | ||||||
10 | 1990 ;
provided, however, that beginning with fiscal year 1985,
| ||||||
11 | the transfers into the Downstate Public Transportation Fund | ||||||
12 | during any
fiscal year shall not exceed the annual | ||||||
13 | appropriation from the Downstate
Public Transportation Fund | ||||||
14 | for that year. The Department of Transportation
shall notify | ||||||
15 | the Department of Revenue and the Comptroller at the beginning
| ||||||
16 | of each fiscal year of the amount of the annual appropriation | ||||||
17 | from the
Downstate Public Transportation Fund .
Net revenue | ||||||
18 | realized for a month shall be the revenue
collected by the | ||||||
19 | State pursuant to such Acts during the previous month
from | ||||||
20 | persons incurring municipal or county retailers' or service
| ||||||
21 | occupation tax liability for the benefit of any municipality or | ||||||
22 | county
located wholly within the boundaries of a participant, | ||||||
23 | less the amount
paid out during that same month as refunds or | ||||||
24 | credit memoranda to
taxpayers for overpayment of liability | ||||||
25 | under such Acts for the benefit
of any municipality or county | ||||||
26 | located wholly within the boundaries of a
participant.
|
| |||||||
| |||||||
1 | (b) As soon as possible after the first day of each month, | ||||||
2 | beginning
July 1, 1989, upon certification of the Department of | ||||||
3 | Revenue, the
Comptroller shall order transferred, and the | ||||||
4 | Treasurer shall transfer, from
the General Revenue Fund to a | ||||||
5 | special fund in the State Treasury which is
hereby created, to | ||||||
6 | be known as the "Metro-East Public Transportation Fund",
an | ||||||
7 | amount equal to 2/32 of the net revenue realized, as above, | ||||||
8 | from within
the boundaries of Madison, Monroe, and St. Clair | ||||||
9 | Counties, except that the
Department shall pay into the | ||||||
10 | Metro-East Public Transportation Fund 2/32 of
80% of the net | ||||||
11 | revenue realized under the State tax Acts specified in
| ||||||
12 | subsection (a) of this Section within the boundaries of
| ||||||
13 | Madison, Monroe and St. Clair Counties for tax periods | ||||||
14 | beginning on or
after January 1, 1990. A local match
equivalent | ||||||
15 | to an amount which could be raised by a tax levy at the rate of
| ||||||
16 | .05% on the assessed value of property within the boundaries of | ||||||
17 | Madison County is required annually to cause a total of 2/32
of | ||||||
18 | the net revenue to be deposited in the Metro-East Public | ||||||
19 | Transportation
Fund. Failure to raise the required local match | ||||||
20 | annually shall result in
only 1/32 being deposited into the | ||||||
21 | Metro-East Public Transportation Fund
after July 1, 1989, or | ||||||
22 | 1/32 of 80% of the net revenue realized for tax
periods | ||||||
23 | beginning on or after January 1, 1990.
| ||||||
24 | (b-5) As soon as possible after the first day of each | ||||||
25 | month, beginning July 1, 2005, upon certification of the | ||||||
26 | Department of Revenue, the Comptroller shall order |
| |||||||
| |||||||
1 | transferred, and the Treasurer shall transfer, from the General | ||||||
2 | Revenue Fund to the Downstate Public Transportation Fund, an | ||||||
3 | amount equal to 3/32 of 80% of the net revenue realized from | ||||||
4 | within the boundaries of Monroe and St. Clair Counties under | ||||||
5 | the State Tax Acts specified in subsection (a) of this Section | ||||||
6 | and provided further that, beginning July 1, 2005, the | ||||||
7 | provisions of subsection (b) shall no longer apply with respect | ||||||
8 | to such tax receipts from Monroe and St. Clair Counties.
| ||||||
9 | (b-6) As soon as possible after the first day of each | ||||||
10 | month, beginning July 1, 2008, upon certification by the | ||||||
11 | Department of Revenue, the Comptroller shall order transferred | ||||||
12 | and the Treasurer shall transfer, from the General Revenue Fund | ||||||
13 | to the Downstate Public Transportation Fund, an amount equal to | ||||||
14 | 3/32 of 80% of the net revenue realized from within the | ||||||
15 | boundaries of Madison County under the State Tax Acts specified | ||||||
16 | in subsection (a) of this Section and provided further that, | ||||||
17 | beginning July 1, 2008, the provisions of subsection (b) shall | ||||||
18 | no longer apply with respect to such tax receipts from Madison | ||||||
19 | County. | ||||||
20 | (c) The Department shall certify to the Department of | ||||||
21 | Revenue the
eligible participants under this Article and the | ||||||
22 | territorial boundaries
of such participants for the purposes of | ||||||
23 | the Department of Revenue in
subsections (a) and (b) of this | ||||||
24 | Section.
| ||||||
25 | (d) For the purposes of this Article the Department shall | ||||||
26 | include in
its annual request for appropriation of ordinary and |
| |||||||
| |||||||
1 | contingent expenses
an amount equal to the sum total funds | ||||||
2 | projected to be paid to the
participants pursuant to Section | ||||||
3 | 2-7.
| ||||||
4 | (e) In addition to any other permitted use of moneys in the | ||||||
5 | Fund, and
notwithstanding any restriction on the use of the | ||||||
6 | Fund, moneys in the
Downstate Public Transportation
Fund may be | ||||||
7 | transferred to the General Revenue Fund as authorized by Public
| ||||||
8 | Act 87-14. The General Assembly finds that an excess of moneys | ||||||
9 | existed in
the Fund on July 30, 1991, and the Governor's order | ||||||
10 | of July 30, 1991,
and the Governor's order of July 30, 1991, | ||||||
11 | requesting the Comptroller and
Treasurer to transfer an amount | ||||||
12 | from the Fund to the General Revenue Fund
is hereby validated.
| ||||||
13 | (Source: P.A. 94-70, eff. 6-22-05.)
| ||||||
14 | (30 ILCS 740/2-6) (from Ch. 111 2/3, par. 666)
| ||||||
15 | Sec. 2-6. Allocation of funds.
| ||||||
16 | (a) With respect to all participants other
than any | ||||||
17 | Metro-East
Transit District participant, the Department shall | ||||||
18 | allocate the funds to be
made available to each participant | ||||||
19 | under this Article for the following
fiscal year and shall | ||||||
20 | notify the chief official of each participant not
later than | ||||||
21 | the first day of the fiscal year of this amount. For Fiscal | ||||||
22 | Year
1975, notification shall be made not later than January 1, | ||||||
23 | 1975, of the
amount of such allocation. In determining the | ||||||
24 | allocation for each
participant, the Department shall estimate | ||||||
25 | the funds available to the
participant from the Downstate |
| |||||||
| |||||||
1 | Public Transportation Fund for the purposes
of this Article | ||||||
2 | during the succeeding fiscal year, and shall allocate to
each | ||||||
3 | participant the amount attributable to it which shall be the | ||||||
4 | amount
paid into the Downstate Public Transportation Fund under | ||||||
5 | Section 2-3 from
within its boundaries. Said allocations may be | ||||||
6 | exceeded for participants
receiving assistance equal to | ||||||
7 | one-third of their eligible
operating expenses, only if an | ||||||
8 | allocation is less than one-third of such
participant's | ||||||
9 | eligible operating expenses, provided, however, that no other
| ||||||
10 | participant is denied its one-third of eligible operating | ||||||
11 | expenses. Beginning
in Fiscal Year 1997, said allocation may be | ||||||
12 | exceeded for
participants receiving
assistance equal to the | ||||||
13 | percentage of their eligible operating
expenses provided for in | ||||||
14 | paragraph (b) of Section 2-7, only if
allocation is less than | ||||||
15 | the percentage of such participant's
eligible operating | ||||||
16 | expenses provided for in paragraph (b) of Section 2-7,
provided | ||||||
17 | however, that no other participant is denied its percentage
of | ||||||
18 | eligible
operating expenses.
| ||||||
19 | (b) With regard to any Metro-East Transit District | ||||||
20 | organized under the
Local Mass Transit District Act and serving | ||||||
21 | one or more of the Counties of
Madison, Monroe and St. Clair | ||||||
22 | during Fiscal Year 1989, the Department shall
allocate the | ||||||
23 | funds to be made available to each participant for the
| ||||||
24 | following and succeeding fiscal years and shall notify the | ||||||
25 | chief official
of each participant not later than the first day | ||||||
26 | of the fiscal year of this
amount. Beginning July 1, 2005, and |
| |||||||
| |||||||
1 | ending June 30, 2008, the Department shall allocate the amount | ||||||
2 | paid into the
Metro-East Public Transportation Fund to the | ||||||
3 | District
serving primarily the County of Madison.
| ||||||
4 | (Source: P.A. 94-70, eff. 6-22-05.)
| ||||||
5 | (30 ILCS 740/2-7) (from Ch. 111 2/3, par. 667)
| ||||||
6 | Sec. 2-7. Quarterly reports; annual audit.
| ||||||
7 | (a) Any Metro-East Transit District participant shall, no
| ||||||
8 | later than 60 days following the end of each quarter
of any | ||||||
9 | fiscal year, file
with the Department on forms provided by the | ||||||
10 | Department for that purpose, a
report of the actual operating | ||||||
11 | deficit experienced during that quarter. The
Department shall, | ||||||
12 | upon receipt of the quarterly report, determine whether
the | ||||||
13 | operating deficits were incurred in conformity with
the program | ||||||
14 | of proposed expenditures approved by the Department pursuant to
| ||||||
15 | Section 2-11. Any Metro-East District may either monthly or | ||||||
16 | quarterly for
any fiscal year file a request for the | ||||||
17 | participant's eligible share, as
allocated in accordance with | ||||||
18 | Section 2-6, of the amounts transferred into the
Metro-East | ||||||
19 | Public Transportation Fund.
| ||||||
20 | (b) Each participant other than any Metro-East Transit | ||||||
21 | District
participant shall, 30 days before the end of each | ||||||
22 | quarter, file with the
Department
on forms provided by the | ||||||
23 | Department for such purposes a report of the projected
eligible | ||||||
24 | operating expenses to be incurred in the next quarter and 30 | ||||||
25 | days
before the third and fourth quarters of any fiscal year a |
| |||||||
| |||||||
1 | statement of actual
eligible operating expenses incurred in the | ||||||
2 | preceding quarters. Except as otherwise provided in subsection | ||||||
3 | (b-5), within
45 days of receipt by the Department of such | ||||||
4 | quarterly report, the Comptroller
shall order paid and the | ||||||
5 | Treasurer shall pay from the Downstate Public
Transportation | ||||||
6 | Fund to each participant an amount equal to one-third of
such | ||||||
7 | participant's eligible operating expenses; provided, however, | ||||||
8 | that in
Fiscal Year 1997, the amount paid to each participant | ||||||
9 | from the
Downstate Public Transportation Fund shall be an | ||||||
10 | amount equal to 47% of
such participant's eligible operating | ||||||
11 | expenses and shall be increased to 49%
in Fiscal Year 1998, 51% | ||||||
12 | in Fiscal Year 1999, 53% in Fiscal Year 2000, and 55%
in Fiscal | ||||||
13 | Years
Year 2001 through 2007, 65% in Fiscal Year 2008, and 70% | ||||||
14 | in Fiscal Year 2009 and thereafter; however, in any year that a | ||||||
15 | participant
receives funding under subsection (i) of Section | ||||||
16 | 2705-305 of the Department of
Transportation Law (20 ILCS | ||||||
17 | 2705/2705-305), that participant shall be eligible
only for | ||||||
18 | assistance equal to the following percentage of its eligible | ||||||
19 | operating
expenses: 42% in Fiscal Year 1997, 44% in Fiscal Year | ||||||
20 | 1998, 46% in Fiscal Year
1999, 48% in Fiscal Year 2000, and 50% | ||||||
21 | in Fiscal Year 2001 and thereafter. Any
such payment for the | ||||||
22 | third and fourth quarters of any fiscal year shall be
adjusted | ||||||
23 | to reflect
actual eligible operating expenses for preceding | ||||||
24 | quarters of such fiscal
year. However, no participant shall | ||||||
25 | receive an amount less than that which
was received in the | ||||||
26 | immediate prior year, provided in the event of a
shortfall in |
| |||||||
| |||||||
1 | the fund those participants receiving less than their full
| ||||||
2 | allocation pursuant to Section 2-6 of this Article shall be the | ||||||
3 | first
participants to receive an amount not less than that | ||||||
4 | received in the
immediate prior year.
| ||||||
5 | (b-5) (Blank.)
With respect to the District serving | ||||||
6 | primarily the counties of Monroe and St. Clair, beginning July | ||||||
7 | 1, 2005 and each fiscal year thereafter, the District may, as | ||||||
8 | an alternative to the provisions of subsection (b) of Section | ||||||
9 | 2-7, file a request with the Department for a monthly payment | ||||||
10 | of 1/12 of the amount appropriated to the District for that | ||||||
11 | fiscal year; except that, for the final month of the fiscal | ||||||
12 | year, the District's request shall be in an amount such that | ||||||
13 | the total payments made to the District in that fiscal year do | ||||||
14 | not exceed the lesser of (i) 55% of the District's eligible | ||||||
15 | operating expenses for that fiscal year or (ii) the total | ||||||
16 | amount appropriated to the District for that fiscal year.
| ||||||
17 | (b-10) On July 1, 2009, each participant shall receive an | ||||||
18 | appropriation in an amount equal to 70% of its fiscal year 2008 | ||||||
19 | eligible operating expenses adjusted by the annual 10% increase | ||||||
20 | required by Section 2-2.04 of this Act. In no case shall any | ||||||
21 | participant receive an appropriation that is less than its | ||||||
22 | fiscal year 2008 appropriation. Every fiscal year thereafter, | ||||||
23 | each participant's appropriation shall increase by 10% over the | ||||||
24 | appropriation established for the preceding fiscal year as | ||||||
25 | required by Section 2-2.04 of this Act.
| ||||||
26 | (b-15) Beginning on July 1, 2007, and for each fiscal year |
| |||||||
| |||||||
1 | thereafter, each participant shall maintain a minimum local | ||||||
2 | share contribution (from farebox and all other local revenues) | ||||||
3 | equal to the actual amount provided in Fiscal Year 2006 or, for | ||||||
4 | new recipients, an amount equivalent to the local share | ||||||
5 | provided in the first year of participation.
| ||||||
6 | (b-20) Any participant in the Downstate Public | ||||||
7 | Transportation Fund may use State operating assistance | ||||||
8 | pursuant to this Section to provide transportation services | ||||||
9 | within any county that is contiguous to its territorial | ||||||
10 | boundaries as defined by the Department and subject to | ||||||
11 | Departmental approval. Any such contiguous-area service | ||||||
12 | provided by a participant after July 1, 2007 must meet the | ||||||
13 | requirements of subsection (a) of Section 2-5.1.
| ||||||
14 | (c) No later than 180 days following the last day of the | ||||||
15 | Fiscal Year each
participant shall provide the Department with | ||||||
16 | an audit prepared by a Certified
Public Accountant covering | ||||||
17 | that Fiscal Year. For those participants other than a | ||||||
18 | Metro-East Transit
District, any discrepancy between the | ||||||
19 | grants paid and the
percentage of the eligible operating | ||||||
20 | expenses provided for by paragraph
(b) of this Section shall be | ||||||
21 | reconciled by appropriate payment or credit.
In the case of any | ||||||
22 | Metro-East Transit District, any amount of payments from
the | ||||||
23 | Metro-East Public Transportation Fund which exceed the | ||||||
24 | eligible deficit
of the participant shall be reconciled by | ||||||
25 | appropriate payment or credit.
| ||||||
26 | (Source: P.A. 94-70, eff. 6-22-05.)
|
| |||||||
| |||||||
1 | (30 ILCS 740/2-15) (from Ch. 111 2/3, par. 675.1)
| ||||||
2 | Sec. 2-15. Except as otherwise provided in this Section,
| ||||||
3 | all funds which remain in the Downstate Public Transportation | ||||||
4 | Fund or the
Metro-East Public Transportation Fund after the | ||||||
5 | payment of the fourth quarterly
payment to participants other | ||||||
6 | than Metro-East Transit District
participants and the last | ||||||
7 | monthly payment to Metro-East Transit
participants in each | ||||||
8 | fiscal year shall be transferred (i) to the
General Revenue | ||||||
9 | Fund through fiscal year 2008 and (ii) to the Downstate Transit | ||||||
10 | Improvement Fund for fiscal year 2009 and each fiscal year | ||||||
11 | thereafter. Transfers shall be made no later than 90 days | ||||||
12 | following the end of such fiscal
year. Beginning fiscal year | ||||||
13 | 2010, all moneys each year in the Downstate Transit Improvement | ||||||
14 | Fund, held solely for the benefit of the participants in the | ||||||
15 | Downstate Public Transportation Fund and the Metro-East | ||||||
16 | Transit Fund, shall be appropriated to the Department to make | ||||||
17 | competitive capital grants to the participants of the | ||||||
18 | respective funds. However, such amount as the Department | ||||||
19 | determines to be necessary
for (1) allocation to participants | ||||||
20 | for the purposes of Section 2-7 for
the first quarter of the | ||||||
21 | succeeding fiscal year and (2) an amount equal to
2% of the | ||||||
22 | total allocations to participants in the fiscal year just ended
| ||||||
23 | to be used for the purpose of audit adjustments shall be | ||||||
24 | retained in such
Funds to be used by the Department for such | ||||||
25 | purposes.
|
| |||||||
| |||||||
1 | (Source: P.A. 86-590.)
| ||||||
2 | Section 7.5. The Retailers' Occupation Tax Act is amended | ||||||
3 | by changing Section 3 as follows:
| ||||||
4 | (35 ILCS 120/3) (from Ch. 120, par. 442)
| ||||||
5 | Sec. 3. Except as provided in this Section, on or before | ||||||
6 | the twentieth
day of each calendar month, every person engaged | ||||||
7 | in the business of
selling tangible personal property at retail | ||||||
8 | in this State during the
preceding calendar month shall file a | ||||||
9 | return with the Department, stating:
| ||||||
10 | 1. The name of the seller;
| ||||||
11 | 2. His residence address and the address of his | ||||||
12 | principal place of
business and the address of the | ||||||
13 | principal place of business (if that is
a different | ||||||
14 | address) from which he engages in the business of selling
| ||||||
15 | tangible personal property at retail in this State;
| ||||||
16 | 3. Total amount of receipts received by him during the | ||||||
17 | preceding
calendar month or quarter, as the case may be, | ||||||
18 | from sales of tangible
personal property, and from services | ||||||
19 | furnished, by him during such
preceding calendar month or | ||||||
20 | quarter;
| ||||||
21 | 4. Total amount received by him during the preceding | ||||||
22 | calendar month or
quarter on charge and time sales of | ||||||
23 | tangible personal property, and from
services furnished, | ||||||
24 | by him prior to the month or quarter for which the return
|
| |||||||
| |||||||
1 | is filed;
| ||||||
2 | 5. Deductions allowed by law;
| ||||||
3 | 6. Gross receipts which were received by him during the | ||||||
4 | preceding
calendar month or quarter and upon the basis of | ||||||
5 | which the tax is imposed;
| ||||||
6 | 7. The amount of credit provided in Section 2d of this | ||||||
7 | Act;
| ||||||
8 | 8. The amount of tax due;
| ||||||
9 | 9. The signature of the taxpayer; and
| ||||||
10 | 10. Such other reasonable information as the | ||||||
11 | Department may require.
| ||||||
12 | If a taxpayer fails to sign a return within 30 days after | ||||||
13 | the proper notice
and demand for signature by the Department, | ||||||
14 | the return shall be considered
valid and any amount shown to be | ||||||
15 | due on the return shall be deemed assessed.
| ||||||
16 | Each return shall be accompanied by the statement of | ||||||
17 | prepaid tax issued
pursuant to Section 2e for which credit is | ||||||
18 | claimed.
| ||||||
19 | Prior to October 1, 2003, and on and after September 1, | ||||||
20 | 2004 a retailer may accept a Manufacturer's Purchase
Credit
| ||||||
21 | certification from a purchaser in satisfaction of Use Tax
as | ||||||
22 | provided in Section 3-85 of the Use Tax Act if the purchaser | ||||||
23 | provides the
appropriate documentation as required by Section | ||||||
24 | 3-85
of the Use Tax Act. A Manufacturer's Purchase Credit
| ||||||
25 | certification, accepted by a retailer prior to October 1, 2003 | ||||||
26 | and on and after September 1, 2004 as provided
in
Section 3-85 |
| |||||||
| |||||||
1 | of the Use Tax Act, may be used by that retailer to
satisfy | ||||||
2 | Retailers' Occupation Tax liability in the amount claimed in
| ||||||
3 | the certification, not to exceed 6.25% of the receipts
subject | ||||||
4 | to tax from a qualifying purchase. A Manufacturer's Purchase | ||||||
5 | Credit
reported on any original or amended return
filed under
| ||||||
6 | this Act after October 20, 2003 for reporting periods prior to | ||||||
7 | September 1, 2004 shall be disallowed. Manufacturer's | ||||||
8 | Purchaser Credit reported on annual returns due on or after | ||||||
9 | January 1, 2005 will be disallowed for periods prior to | ||||||
10 | September 1, 2004. No Manufacturer's
Purchase Credit may be | ||||||
11 | used after September 30, 2003 through August 31, 2004 to
| ||||||
12 | satisfy any
tax liability imposed under this Act, including any | ||||||
13 | audit liability.
| ||||||
14 | The Department may require returns to be filed on a | ||||||
15 | quarterly basis.
If so required, a return for each calendar | ||||||
16 | quarter shall be filed on or
before the twentieth day of the | ||||||
17 | calendar month following the end of such
calendar quarter. The | ||||||
18 | taxpayer shall also file a return with the
Department for each | ||||||
19 | of the first two months of each calendar quarter, on or
before | ||||||
20 | the twentieth day of the following calendar month, stating:
| ||||||
21 | 1. The name of the seller;
| ||||||
22 | 2. The address of the principal place of business from | ||||||
23 | which he engages
in the business of selling tangible | ||||||
24 | personal property at retail in this State;
| ||||||
25 | 3. The total amount of taxable receipts received by him | ||||||
26 | during the
preceding calendar month from sales of tangible |
| |||||||
| |||||||
1 | personal property by him
during such preceding calendar | ||||||
2 | month, including receipts from charge and
time sales, but | ||||||
3 | less all deductions allowed by law;
| ||||||
4 | 4. The amount of credit provided in Section 2d of this | ||||||
5 | Act;
| ||||||
6 | 5. The amount of tax due; and
| ||||||
7 | 6. Such other reasonable information as the Department | ||||||
8 | may
require.
| ||||||
9 | Beginning on October 1, 2003, any person who is not a | ||||||
10 | licensed
distributor, importing distributor, or manufacturer, | ||||||
11 | as defined in the Liquor
Control Act of 1934, but is engaged in | ||||||
12 | the business of
selling, at retail, alcoholic liquor
shall file | ||||||
13 | a statement with the Department of Revenue, in a format
and at | ||||||
14 | a time prescribed by the Department, showing the total amount | ||||||
15 | paid for
alcoholic liquor purchased during the preceding month | ||||||
16 | and such other
information as is reasonably required by the | ||||||
17 | Department.
The Department may adopt rules to require
that this | ||||||
18 | statement be filed in an electronic or telephonic format. Such | ||||||
19 | rules
may provide for exceptions from the filing requirements | ||||||
20 | of this paragraph. For
the
purposes of this
paragraph, the term | ||||||
21 | "alcoholic liquor" shall have the meaning prescribed in the
| ||||||
22 | Liquor Control Act of 1934.
| ||||||
23 | Beginning on October 1, 2003, every distributor, importing | ||||||
24 | distributor, and
manufacturer of alcoholic liquor as defined in | ||||||
25 | the Liquor Control Act of 1934,
shall file a
statement with the | ||||||
26 | Department of Revenue, no later than the 10th day of the
month |
| |||||||
| |||||||
1 | for the
preceding month during which transactions occurred, by | ||||||
2 | electronic means,
showing the
total amount of gross receipts | ||||||
3 | from the sale of alcoholic liquor sold or
distributed during
| ||||||
4 | the preceding month to purchasers; identifying the purchaser to | ||||||
5 | whom it was
sold or
distributed; the purchaser's tax | ||||||
6 | registration number; and such other
information
reasonably | ||||||
7 | required by the Department. A distributor, importing | ||||||
8 | distributor, or manufacturer of alcoholic liquor must | ||||||
9 | personally deliver, mail, or provide by electronic means to | ||||||
10 | each retailer listed on the monthly statement a report | ||||||
11 | containing a cumulative total of that distributor's, importing | ||||||
12 | distributor's, or manufacturer's total sales of alcoholic | ||||||
13 | liquor to that retailer no later than the 10th day of the month | ||||||
14 | for the preceding month during which the transaction occurred. | ||||||
15 | The distributor, importing distributor, or manufacturer shall | ||||||
16 | notify the retailer as to the method by which the distributor, | ||||||
17 | importing distributor, or manufacturer will provide the sales | ||||||
18 | information. If the retailer is unable to receive the sales | ||||||
19 | information by electronic means, the distributor, importing | ||||||
20 | distributor, or manufacturer shall furnish the sales | ||||||
21 | information by personal delivery or by mail. For purposes of | ||||||
22 | this paragraph, the term "electronic means" includes, but is | ||||||
23 | not limited to, the use of a secure Internet website, e-mail, | ||||||
24 | or facsimile.
| ||||||
25 | Beginning with the month immediately following the | ||||||
26 | effective date of this amendatory Act of the 95th General |
| |||||||
| |||||||
1 | Assembly and for each month thereafter, a retailer of motor | ||||||
2 | fuel that is located in the metropolitan region must separately | ||||||
3 | record the gross receipts received by him or her from the | ||||||
4 | retail sale of motor fuel and the amount of tax properly due | ||||||
5 | and required to be paid on those sales (including amounts | ||||||
6 | prepaid by the retailer to the motor fuel distributor under | ||||||
7 | Section 2d of this Act). Beginning with the second month | ||||||
8 | immediately following the effective date of this amendatory Act | ||||||
9 | of the 95th General Assembly and for each month thereafter, | ||||||
10 | each retailer of motor fuel that is located within the | ||||||
11 | metropolitan region must file a report to the Department of | ||||||
12 | Revenue detailing the gross receipts that were received by him | ||||||
13 | or her from the retail sale of motor fuel during the preceding | ||||||
14 | calendar month or quarter, as the case may be, and the amount | ||||||
15 | of tax properly due and paid on those sales (including amounts | ||||||
16 | prepaid by the retailer to the motor fuel distributor under | ||||||
17 | Section 2d of this Act). The report must be filed in the manner | ||||||
18 | and format as prescribed by the Department of Revenue and is | ||||||
19 | due at the same time as the return filed by the retailer under | ||||||
20 | this Act. For purposes of this paragraph, "motor fuel" means | ||||||
21 | that term as defined in the Motor Fuel Tax Law, not including | ||||||
22 | aviation fuel, and "metropolitan region" means that term as | ||||||
23 | defined in the Regional Transportation Authority Act. | ||||||
24 | If a total amount of less than $1 is payable, refundable or | ||||||
25 | creditable,
such amount shall be disregarded if it is less than | ||||||
26 | 50 cents and shall be
increased to $1 if it is 50 cents or more.
|
| |||||||
| |||||||
1 | Beginning October 1, 1993,
a taxpayer who has an average | ||||||
2 | monthly tax liability of $150,000 or more shall
make all | ||||||
3 | payments required by rules of the
Department by electronic | ||||||
4 | funds transfer. Beginning October 1, 1994, a taxpayer
who has | ||||||
5 | an average monthly tax liability of $100,000 or more shall make | ||||||
6 | all
payments required by rules of the Department by electronic | ||||||
7 | funds transfer.
Beginning October 1, 1995, a taxpayer who has | ||||||
8 | an average monthly tax liability
of $50,000 or more shall make | ||||||
9 | all
payments required by rules of the Department by electronic | ||||||
10 | funds transfer.
Beginning October 1, 2000, a taxpayer who has | ||||||
11 | an annual tax liability of
$200,000 or more shall make all | ||||||
12 | payments required by rules of the Department by
electronic | ||||||
13 | funds transfer. The term "annual tax liability" shall be the | ||||||
14 | sum of
the taxpayer's liabilities under this Act, and under all | ||||||
15 | other State and local
occupation and use tax laws administered | ||||||
16 | by the Department, for the immediately
preceding calendar year.
| ||||||
17 | The term "average monthly tax liability" shall be the sum of | ||||||
18 | the
taxpayer's liabilities under this
Act, and under all other | ||||||
19 | State and local occupation and use tax
laws administered by the | ||||||
20 | Department, for the immediately preceding calendar
year | ||||||
21 | divided by 12.
Beginning on October 1, 2002, a taxpayer who has | ||||||
22 | a tax liability in the
amount set forth in subsection (b) of | ||||||
23 | Section 2505-210 of the Department of
Revenue Law shall make | ||||||
24 | all payments required by rules of the Department by
electronic | ||||||
25 | funds transfer.
| ||||||
26 | Before August 1 of each year beginning in 1993, the |
| |||||||
| |||||||
1 | Department shall
notify all taxpayers required to make payments | ||||||
2 | by electronic funds
transfer. All taxpayers
required to make | ||||||
3 | payments by electronic funds transfer shall make those
payments | ||||||
4 | for
a minimum of one year beginning on October 1.
| ||||||
5 | Any taxpayer not required to make payments by electronic | ||||||
6 | funds transfer may
make payments by electronic funds transfer | ||||||
7 | with
the permission of the Department.
| ||||||
8 | All taxpayers required to make payment by electronic funds | ||||||
9 | transfer and
any taxpayers authorized to voluntarily make | ||||||
10 | payments by electronic funds
transfer shall make those payments | ||||||
11 | in the manner authorized by the Department.
| ||||||
12 | The Department shall adopt such rules as are necessary to | ||||||
13 | effectuate a
program of electronic funds transfer and the | ||||||
14 | requirements of this Section.
| ||||||
15 | Any amount which is required to be shown or reported on any | ||||||
16 | return or
other document under this Act shall, if such amount | ||||||
17 | is not a whole-dollar
amount, be increased to the nearest | ||||||
18 | whole-dollar amount in any case where
the fractional part of a | ||||||
19 | dollar is 50 cents or more, and decreased to the
nearest | ||||||
20 | whole-dollar amount where the fractional part of a dollar is | ||||||
21 | less
than 50 cents.
| ||||||
22 | If the retailer is otherwise required to file a monthly | ||||||
23 | return and if the
retailer's average monthly tax liability to | ||||||
24 | the Department does not exceed
$200, the Department may | ||||||
25 | authorize his returns to be filed on a quarter
annual basis, | ||||||
26 | with the return for January, February and March of a given
year |
| |||||||
| |||||||
1 | being due by April 20 of such year; with the return for April, | ||||||
2 | May and
June of a given year being due by July 20 of such year; | ||||||
3 | with the return for
July, August and September of a given year | ||||||
4 | being due by October 20 of such
year, and with the return for | ||||||
5 | October, November and December of a given
year being due by | ||||||
6 | January 20 of the following year.
| ||||||
7 | If the retailer is otherwise required to file a monthly or | ||||||
8 | quarterly
return and if the retailer's average monthly tax | ||||||
9 | liability with the
Department does not exceed $50, the | ||||||
10 | Department may authorize his returns to
be filed on an annual | ||||||
11 | basis, with the return for a given year being due by
January 20 | ||||||
12 | of the following year.
| ||||||
13 | Such quarter annual and annual returns, as to form and | ||||||
14 | substance,
shall be subject to the same requirements as monthly | ||||||
15 | returns.
| ||||||
16 | Notwithstanding any other provision in this Act concerning | ||||||
17 | the time
within which a retailer may file his return, in the | ||||||
18 | case of any retailer
who ceases to engage in a kind of business | ||||||
19 | which makes him responsible
for filing returns under this Act, | ||||||
20 | such retailer shall file a final
return under this Act with the | ||||||
21 | Department not more than one month after
discontinuing such | ||||||
22 | business.
| ||||||
23 | Where the same person has more than one business registered | ||||||
24 | with the
Department under separate registrations under this | ||||||
25 | Act, such person may
not file each return that is due as a | ||||||
26 | single return covering all such
registered businesses, but |
| |||||||
| |||||||
1 | shall file separate returns for each such
registered business.
| ||||||
2 | In addition, with respect to motor vehicles, watercraft,
| ||||||
3 | aircraft, and trailers that are required to be registered with | ||||||
4 | an agency of
this State, every
retailer selling this kind of | ||||||
5 | tangible personal property shall file,
with the Department, | ||||||
6 | upon a form to be prescribed and supplied by the
Department, a | ||||||
7 | separate return for each such item of tangible personal
| ||||||
8 | property which the retailer sells, except that if, in the same
| ||||||
9 | transaction, (i) a retailer of aircraft, watercraft, motor | ||||||
10 | vehicles or
trailers transfers more than one aircraft, | ||||||
11 | watercraft, motor
vehicle or trailer to another aircraft, | ||||||
12 | watercraft, motor vehicle
retailer or trailer retailer for the | ||||||
13 | purpose of resale
or (ii) a retailer of aircraft, watercraft, | ||||||
14 | motor vehicles, or trailers
transfers more than one aircraft, | ||||||
15 | watercraft, motor vehicle, or trailer to a
purchaser for use as | ||||||
16 | a qualifying rolling stock as provided in Section 2-5 of
this | ||||||
17 | Act, then
that seller may report the transfer of all aircraft,
| ||||||
18 | watercraft, motor vehicles or trailers involved in that | ||||||
19 | transaction to the
Department on the same uniform | ||||||
20 | invoice-transaction reporting return form. For
purposes of | ||||||
21 | this Section, "watercraft" means a Class 2, Class 3, or Class 4
| ||||||
22 | watercraft as defined in Section 3-2 of the Boat Registration | ||||||
23 | and Safety Act, a
personal watercraft, or any boat equipped | ||||||
24 | with an inboard motor.
| ||||||
25 | Any retailer who sells only motor vehicles, watercraft,
| ||||||
26 | aircraft, or trailers that are required to be registered with |
| |||||||
| |||||||
1 | an agency of
this State, so that all
retailers' occupation tax | ||||||
2 | liability is required to be reported, and is
reported, on such | ||||||
3 | transaction reporting returns and who is not otherwise
required | ||||||
4 | to file monthly or quarterly returns, need not file monthly or
| ||||||
5 | quarterly returns. However, those retailers shall be required | ||||||
6 | to
file returns on an annual basis.
| ||||||
7 | The transaction reporting return, in the case of motor | ||||||
8 | vehicles
or trailers that are required to be registered with an | ||||||
9 | agency of this
State, shall
be the same document as the Uniform | ||||||
10 | Invoice referred to in Section 5-402
of The Illinois Vehicle | ||||||
11 | Code and must show the name and address of the
seller; the name | ||||||
12 | and address of the purchaser; the amount of the selling
price | ||||||
13 | including the amount allowed by the retailer for traded-in
| ||||||
14 | property, if any; the amount allowed by the retailer for the | ||||||
15 | traded-in
tangible personal property, if any, to the extent to | ||||||
16 | which Section 1 of
this Act allows an exemption for the value | ||||||
17 | of traded-in property; the
balance payable after deducting such | ||||||
18 | trade-in allowance from the total
selling price; the amount of | ||||||
19 | tax due from the retailer with respect to
such transaction; the | ||||||
20 | amount of tax collected from the purchaser by the
retailer on | ||||||
21 | such transaction (or satisfactory evidence that such tax is
not | ||||||
22 | due in that particular instance, if that is claimed to be the | ||||||
23 | fact);
the place and date of the sale; a sufficient | ||||||
24 | identification of the
property sold; such other information as | ||||||
25 | is required in Section 5-402 of
The Illinois Vehicle Code, and | ||||||
26 | such other information as the Department
may reasonably |
| |||||||
| |||||||
1 | require.
| ||||||
2 | The transaction reporting return in the case of watercraft
| ||||||
3 | or aircraft must show
the name and address of the seller; the | ||||||
4 | name and address of the
purchaser; the amount of the selling | ||||||
5 | price including the amount allowed
by the retailer for | ||||||
6 | traded-in property, if any; the amount allowed by
the retailer | ||||||
7 | for the traded-in tangible personal property, if any, to
the | ||||||
8 | extent to which Section 1 of this Act allows an exemption for | ||||||
9 | the
value of traded-in property; the balance payable after | ||||||
10 | deducting such
trade-in allowance from the total selling price; | ||||||
11 | the amount of tax due
from the retailer with respect to such | ||||||
12 | transaction; the amount of tax
collected from the purchaser by | ||||||
13 | the retailer on such transaction (or
satisfactory evidence that | ||||||
14 | such tax is not due in that particular
instance, if that is | ||||||
15 | claimed to be the fact); the place and date of the
sale, a | ||||||
16 | sufficient identification of the property sold, and such other
| ||||||
17 | information as the Department may reasonably require.
| ||||||
18 | Such transaction reporting return shall be filed not later | ||||||
19 | than 20
days after the day of delivery of the item that is | ||||||
20 | being sold, but may
be filed by the retailer at any time sooner | ||||||
21 | than that if he chooses to
do so. The transaction reporting | ||||||
22 | return and tax remittance or proof of
exemption from the | ||||||
23 | Illinois use tax may be transmitted to the Department
by way of | ||||||
24 | the State agency with which, or State officer with whom the
| ||||||
25 | tangible personal property must be titled or registered (if | ||||||
26 | titling or
registration is required) if the Department and such |
| |||||||
| |||||||
1 | agency or State
officer determine that this procedure will | ||||||
2 | expedite the processing of
applications for title or | ||||||
3 | registration.
| ||||||
4 | With each such transaction reporting return, the retailer | ||||||
5 | shall remit
the proper amount of tax due (or shall submit | ||||||
6 | satisfactory evidence that
the sale is not taxable if that is | ||||||
7 | the case), to the Department or its
agents, whereupon the | ||||||
8 | Department shall issue, in the purchaser's name, a
use tax | ||||||
9 | receipt (or a certificate of exemption if the Department is
| ||||||
10 | satisfied that the particular sale is tax exempt) which such | ||||||
11 | purchaser
may submit to the agency with which, or State officer | ||||||
12 | with whom, he must
title or register the tangible personal | ||||||
13 | property that is involved (if
titling or registration is | ||||||
14 | required) in support of such purchaser's
application for an | ||||||
15 | Illinois certificate or other evidence of title or
registration | ||||||
16 | to such tangible personal property.
| ||||||
17 | No retailer's failure or refusal to remit tax under this | ||||||
18 | Act
precludes a user, who has paid the proper tax to the | ||||||
19 | retailer, from
obtaining his certificate of title or other | ||||||
20 | evidence of title or
registration (if titling or registration | ||||||
21 | is required) upon satisfying
the Department that such user has | ||||||
22 | paid the proper tax (if tax is due) to
the retailer. The | ||||||
23 | Department shall adopt appropriate rules to carry out
the | ||||||
24 | mandate of this paragraph.
| ||||||
25 | If the user who would otherwise pay tax to the retailer | ||||||
26 | wants the
transaction reporting return filed and the payment of |
| |||||||
| |||||||
1 | the tax or proof
of exemption made to the Department before the | ||||||
2 | retailer is willing to
take these actions and such user has not | ||||||
3 | paid the tax to the retailer,
such user may certify to the fact | ||||||
4 | of such delay by the retailer and may
(upon the Department | ||||||
5 | being satisfied of the truth of such certification)
transmit | ||||||
6 | the information required by the transaction reporting return
| ||||||
7 | and the remittance for tax or proof of exemption directly to | ||||||
8 | the
Department and obtain his tax receipt or exemption | ||||||
9 | determination, in
which event the transaction reporting return | ||||||
10 | and tax remittance (if a
tax payment was required) shall be | ||||||
11 | credited by the Department to the
proper retailer's account | ||||||
12 | with the Department, but without the 2.1% or 1.75%
discount | ||||||
13 | provided for in this Section being allowed. When the user pays
| ||||||
14 | the tax directly to the Department, he shall pay the tax in the | ||||||
15 | same
amount and in the same form in which it would be remitted | ||||||
16 | if the tax had
been remitted to the Department by the retailer.
| ||||||
17 | Refunds made by the seller during the preceding return | ||||||
18 | period to
purchasers, on account of tangible personal property | ||||||
19 | returned to the
seller, shall be allowed as a deduction under | ||||||
20 | subdivision 5 of his monthly
or quarterly return, as the case | ||||||
21 | may be, in case the
seller had theretofore included the | ||||||
22 | receipts from the sale of such
tangible personal property in a | ||||||
23 | return filed by him and had paid the tax
imposed by this Act | ||||||
24 | with respect to such receipts.
| ||||||
25 | Where the seller is a corporation, the return filed on | ||||||
26 | behalf of such
corporation shall be signed by the president, |
| |||||||
| |||||||
1 | vice-president, secretary
or treasurer or by the properly | ||||||
2 | accredited agent of such corporation.
| ||||||
3 | Where the seller is a limited liability company, the return | ||||||
4 | filed on behalf
of the limited liability company shall be | ||||||
5 | signed by a manager, member, or
properly accredited agent of | ||||||
6 | the limited liability company.
| ||||||
7 | Except as provided in this Section, the retailer filing the | ||||||
8 | return
under this Section shall, at the time of filing such | ||||||
9 | return, pay to the
Department the amount of tax imposed by this | ||||||
10 | Act less a discount of 2.1%
prior to January 1, 1990 and 1.75% | ||||||
11 | on and after January 1, 1990, or $5 per
calendar year, | ||||||
12 | whichever is greater, which is allowed to
reimburse the | ||||||
13 | retailer for the expenses incurred in keeping records,
| ||||||
14 | preparing and filing returns, remitting the tax and supplying | ||||||
15 | data to
the Department on request. Any prepayment made pursuant | ||||||
16 | to Section 2d
of this Act shall be included in the amount on | ||||||
17 | which such
2.1% or 1.75% discount is computed. In the case of | ||||||
18 | retailers who report
and pay the tax on a transaction by | ||||||
19 | transaction basis, as provided in this
Section, such discount | ||||||
20 | shall be taken with each such tax remittance
instead of when | ||||||
21 | such retailer files his periodic return.
| ||||||
22 | Before October 1, 2000, if the taxpayer's average monthly | ||||||
23 | tax liability
to the Department
under this Act, the Use Tax | ||||||
24 | Act, the Service Occupation Tax
Act, and the Service Use Tax | ||||||
25 | Act, excluding any liability for prepaid sales
tax to be | ||||||
26 | remitted in accordance with Section 2d of this Act, was
$10,000
|
| |||||||
| |||||||
1 | or more during the preceding 4 complete calendar quarters, he | ||||||
2 | shall file a
return with the Department each month by the 20th | ||||||
3 | day of the month next
following the month during which such tax | ||||||
4 | liability is incurred and shall
make payments to the Department | ||||||
5 | on or before the 7th, 15th, 22nd and last
day of the month | ||||||
6 | during which such liability is incurred.
On and after October | ||||||
7 | 1, 2000, if the taxpayer's average monthly tax liability
to the | ||||||
8 | Department under this Act, the Use Tax Act, the Service | ||||||
9 | Occupation Tax
Act, and the Service Use Tax Act, excluding any | ||||||
10 | liability for prepaid sales tax
to be remitted in accordance | ||||||
11 | with Section 2d of this Act, was $20,000 or more
during the | ||||||
12 | preceding 4 complete calendar quarters, he shall file a return | ||||||
13 | with
the Department each month by the 20th day of the month | ||||||
14 | next following the month
during which such tax liability is | ||||||
15 | incurred and shall make payment to the
Department on or before | ||||||
16 | the 7th, 15th, 22nd and last day of the month during
which such | ||||||
17 | liability is incurred.
If the month
during which such tax | ||||||
18 | liability is incurred began prior to January 1, 1985,
each | ||||||
19 | payment shall be in an amount equal to 1/4 of the taxpayer's | ||||||
20 | actual
liability for the month or an amount set by the | ||||||
21 | Department not to exceed
1/4 of the average monthly liability | ||||||
22 | of the taxpayer to the Department for
the preceding 4 complete | ||||||
23 | calendar quarters (excluding the month of highest
liability and | ||||||
24 | the month of lowest liability in such 4 quarter period). If
the | ||||||
25 | month during which such tax liability is incurred begins on or | ||||||
26 | after
January 1, 1985 and prior to January 1, 1987, each |
| |||||||
| |||||||
1 | payment shall be in an
amount equal to 22.5% of the taxpayer's | ||||||
2 | actual liability for the month or
27.5% of the taxpayer's | ||||||
3 | liability for the same calendar
month of the preceding year. If | ||||||
4 | the month during which such tax
liability is incurred begins on | ||||||
5 | or after January 1, 1987 and prior to
January 1, 1988, each | ||||||
6 | payment shall be in an amount equal to 22.5% of the
taxpayer's | ||||||
7 | actual liability for the month or 26.25% of the taxpayer's
| ||||||
8 | liability for the same calendar month of the preceding year. If | ||||||
9 | the month
during which such tax liability is incurred begins on | ||||||
10 | or after January 1,
1988, and prior to January 1, 1989, or | ||||||
11 | begins on or after January 1, 1996, each
payment shall be in an | ||||||
12 | amount
equal to 22.5% of the taxpayer's actual liability for | ||||||
13 | the month or 25% of
the taxpayer's liability for the same | ||||||
14 | calendar month of the preceding year. If
the month during which | ||||||
15 | such tax liability is incurred begins on or after
January 1, | ||||||
16 | 1989, and prior to January 1, 1996, each payment shall be in an
| ||||||
17 | amount equal to 22.5% of the
taxpayer's actual liability for | ||||||
18 | the month or 25% of the taxpayer's
liability for the same | ||||||
19 | calendar month of the preceding year or 100% of the
taxpayer's | ||||||
20 | actual liability for the quarter monthly reporting period. The
| ||||||
21 | amount of such quarter monthly payments shall be credited | ||||||
22 | against
the final tax liability of the taxpayer's return for | ||||||
23 | that month. Before
October 1, 2000, once
applicable, the | ||||||
24 | requirement of the making of quarter monthly payments to
the | ||||||
25 | Department by taxpayers having an average monthly tax liability | ||||||
26 | of
$10,000 or more as determined in the manner provided above
|
| |||||||
| |||||||
1 | shall continue
until such taxpayer's average monthly liability | ||||||
2 | to the Department during
the preceding 4 complete calendar | ||||||
3 | quarters (excluding the month of highest
liability and the | ||||||
4 | month of lowest liability) is less than
$9,000, or until
such | ||||||
5 | taxpayer's average monthly liability to the Department as | ||||||
6 | computed for
each calendar quarter of the 4 preceding complete | ||||||
7 | calendar quarter period
is less than $10,000. However, if a | ||||||
8 | taxpayer can show the
Department that
a substantial change in | ||||||
9 | the taxpayer's business has occurred which causes
the taxpayer | ||||||
10 | to anticipate that his average monthly tax liability for the
| ||||||
11 | reasonably foreseeable future will fall below the $10,000 | ||||||
12 | threshold
stated above, then
such taxpayer
may petition the | ||||||
13 | Department for a change in such taxpayer's reporting
status. On | ||||||
14 | and after October 1, 2000, once applicable, the requirement of
| ||||||
15 | the making of quarter monthly payments to the Department by | ||||||
16 | taxpayers having an
average monthly tax liability of $20,000 or | ||||||
17 | more as determined in the manner
provided above shall continue | ||||||
18 | until such taxpayer's average monthly liability
to the | ||||||
19 | Department during the preceding 4 complete calendar quarters | ||||||
20 | (excluding
the month of highest liability and the month of | ||||||
21 | lowest liability) is less than
$19,000 or until such taxpayer's | ||||||
22 | average monthly liability to the Department as
computed for | ||||||
23 | each calendar quarter of the 4 preceding complete calendar | ||||||
24 | quarter
period is less than $20,000. However, if a taxpayer can | ||||||
25 | show the Department
that a substantial change in the taxpayer's | ||||||
26 | business has occurred which causes
the taxpayer to anticipate |
| |||||||
| |||||||
1 | that his average monthly tax liability for the
reasonably | ||||||
2 | foreseeable future will fall below the $20,000 threshold stated
| ||||||
3 | above, then such taxpayer may petition the Department for a | ||||||
4 | change in such
taxpayer's reporting status. The Department | ||||||
5 | shall change such taxpayer's
reporting status
unless it finds | ||||||
6 | that such change is seasonal in nature and not likely to be
| ||||||
7 | long term. If any such quarter monthly payment is not paid at | ||||||
8 | the time or
in the amount required by this Section, then the | ||||||
9 | taxpayer shall be liable for
penalties and interest on the | ||||||
10 | difference
between the minimum amount due as a payment and the | ||||||
11 | amount of such quarter
monthly payment actually and timely | ||||||
12 | paid, except insofar as the
taxpayer has previously made | ||||||
13 | payments for that month to the Department in
excess of the | ||||||
14 | minimum payments previously due as provided in this Section.
| ||||||
15 | The Department shall make reasonable rules and regulations to | ||||||
16 | govern the
quarter monthly payment amount and quarter monthly | ||||||
17 | payment dates for
taxpayers who file on other than a calendar | ||||||
18 | monthly basis.
| ||||||
19 | The provisions of this paragraph apply before October 1, | ||||||
20 | 2001.
Without regard to whether a taxpayer is required to make | ||||||
21 | quarter monthly
payments as specified above, any taxpayer who | ||||||
22 | is required by Section 2d
of this Act to collect and remit | ||||||
23 | prepaid taxes and has collected prepaid
taxes which average in | ||||||
24 | excess of $25,000 per month during the preceding
2 complete | ||||||
25 | calendar quarters, shall file a return with the Department as
| ||||||
26 | required by Section 2f and shall make payments to the |
| |||||||
| |||||||
1 | Department on or before
the 7th, 15th, 22nd and last day of the | ||||||
2 | month during which such liability
is incurred. If the month | ||||||
3 | during which such tax liability is incurred
began prior to the | ||||||
4 | effective date of this amendatory Act of 1985, each
payment | ||||||
5 | shall be in an amount not less than 22.5% of the taxpayer's | ||||||
6 | actual
liability under Section 2d. If the month during which | ||||||
7 | such tax liability
is incurred begins on or after January 1, | ||||||
8 | 1986, each payment shall be in an
amount equal to 22.5% of the | ||||||
9 | taxpayer's actual liability for the month or
27.5% of the | ||||||
10 | taxpayer's liability for the same calendar month of the
| ||||||
11 | preceding calendar year. If the month during which such tax | ||||||
12 | liability is
incurred begins on or after January 1, 1987, each | ||||||
13 | payment shall be in an
amount equal to 22.5% of the taxpayer's | ||||||
14 | actual liability for the month or
26.25% of the taxpayer's | ||||||
15 | liability for the same calendar month of the
preceding year. | ||||||
16 | The amount of such quarter monthly payments shall be
credited | ||||||
17 | against the final tax liability of the taxpayer's return for | ||||||
18 | that
month filed under this Section or Section 2f, as the case | ||||||
19 | may be. Once
applicable, the requirement of the making of | ||||||
20 | quarter monthly payments to
the Department pursuant to this | ||||||
21 | paragraph shall continue until such
taxpayer's average monthly | ||||||
22 | prepaid tax collections during the preceding 2
complete | ||||||
23 | calendar quarters is $25,000 or less. If any such quarter | ||||||
24 | monthly
payment is not paid at the time or in the amount | ||||||
25 | required, the taxpayer
shall be liable for penalties and | ||||||
26 | interest on such difference, except
insofar as the taxpayer has |
| |||||||
| |||||||
1 | previously made payments for that month in
excess of the | ||||||
2 | minimum payments previously due.
| ||||||
3 | The provisions of this paragraph apply on and after October | ||||||
4 | 1, 2001.
Without regard to whether a taxpayer is required to | ||||||
5 | make quarter monthly
payments as specified above, any taxpayer | ||||||
6 | who is required by Section 2d of this
Act to collect and remit | ||||||
7 | prepaid taxes and has collected prepaid taxes that
average in | ||||||
8 | excess of $20,000 per month during the preceding 4 complete | ||||||
9 | calendar
quarters shall file a return with the Department as | ||||||
10 | required by Section 2f
and shall make payments to the | ||||||
11 | Department on or before the 7th, 15th, 22nd and
last day of the | ||||||
12 | month during which the liability is incurred. Each payment
| ||||||
13 | shall be in an amount equal to 22.5% of the taxpayer's actual | ||||||
14 | liability for the
month or 25% of the taxpayer's liability for | ||||||
15 | the same calendar month of the
preceding year. The amount of | ||||||
16 | the quarter monthly payments shall be credited
against the | ||||||
17 | final tax liability of the taxpayer's return for that month | ||||||
18 | filed
under this Section or Section 2f, as the case may be. | ||||||
19 | Once applicable, the
requirement of the making of quarter | ||||||
20 | monthly payments to the Department
pursuant to this paragraph | ||||||
21 | shall continue until the taxpayer's average monthly
prepaid tax | ||||||
22 | collections during the preceding 4 complete calendar quarters
| ||||||
23 | (excluding the month of highest liability and the month of | ||||||
24 | lowest liability) is
less than $19,000 or until such taxpayer's | ||||||
25 | average monthly liability to the
Department as computed for | ||||||
26 | each calendar quarter of the 4 preceding complete
calendar |
| |||||||
| |||||||
1 | quarters is less than $20,000. If any such quarter monthly | ||||||
2 | payment is
not paid at the time or in the amount required, the | ||||||
3 | taxpayer shall be liable
for penalties and interest on such | ||||||
4 | difference, except insofar as the taxpayer
has previously made | ||||||
5 | payments for that month in excess of the minimum payments
| ||||||
6 | previously due.
| ||||||
7 | If any payment provided for in this Section exceeds
the | ||||||
8 | taxpayer's liabilities under this Act, the Use Tax Act, the | ||||||
9 | Service
Occupation Tax Act and the Service Use Tax Act, as | ||||||
10 | shown on an original
monthly return, the Department shall, if | ||||||
11 | requested by the taxpayer, issue to
the taxpayer a credit | ||||||
12 | memorandum no later than 30 days after the date of
payment. The | ||||||
13 | credit evidenced by such credit memorandum may
be assigned by | ||||||
14 | the taxpayer to a similar taxpayer under this Act, the
Use Tax | ||||||
15 | Act, the Service Occupation Tax Act or the Service Use Tax Act, | ||||||
16 | in
accordance with reasonable rules and regulations to be | ||||||
17 | prescribed by the
Department. If no such request is made, the | ||||||
18 | taxpayer may credit such excess
payment against tax liability | ||||||
19 | subsequently to be remitted to the Department
under this Act, | ||||||
20 | the Use Tax Act, the Service Occupation Tax Act or the
Service | ||||||
21 | Use Tax Act, in accordance with reasonable rules and | ||||||
22 | regulations
prescribed by the Department. If the Department | ||||||
23 | subsequently determined
that all or any part of the credit | ||||||
24 | taken was not actually due to the
taxpayer, the taxpayer's 2.1% | ||||||
25 | and 1.75% vendor's discount shall be reduced
by 2.1% or 1.75% | ||||||
26 | of the difference between the credit taken and that
actually |
| |||||||
| |||||||
1 | due, and that taxpayer shall be liable for penalties and | ||||||
2 | interest
on such difference.
| ||||||
3 | If a retailer of motor fuel is entitled to a credit under | ||||||
4 | Section 2d of
this Act which exceeds the taxpayer's liability | ||||||
5 | to the Department under
this Act for the month which the | ||||||
6 | taxpayer is filing a return, the
Department shall issue the | ||||||
7 | taxpayer a credit memorandum for the excess.
| ||||||
8 | Beginning January 1, 1990, each month the Department shall | ||||||
9 | pay into
the Local Government Tax Fund, a special fund in the | ||||||
10 | State treasury which
is hereby created, the net revenue | ||||||
11 | realized for the preceding month from
the 1% tax on sales of | ||||||
12 | food for human consumption which is to be consumed
off the | ||||||
13 | premises where it is sold (other than alcoholic beverages, soft
| ||||||
14 | drinks and food which has been prepared for immediate | ||||||
15 | consumption) and
prescription and nonprescription medicines, | ||||||
16 | drugs, medical appliances and
insulin, urine testing | ||||||
17 | materials, syringes and needles used by diabetics.
| ||||||
18 | Beginning January 1, 1990, each month the Department shall | ||||||
19 | pay into
the County and Mass Transit District Fund, a special | ||||||
20 | fund in the State
treasury which is hereby created, 4% of the | ||||||
21 | net revenue realized
for the preceding month from the 6.25% | ||||||
22 | general rate.
| ||||||
23 | Beginning August 1, 2000, each
month the Department shall | ||||||
24 | pay into the
County and Mass Transit District Fund 20% of the | ||||||
25 | net revenue realized for the
preceding month from the 1.25% | ||||||
26 | rate on the selling price of motor fuel and
gasohol.
|
| |||||||
| |||||||
1 | Beginning January 1, 1990, each month the Department shall | ||||||
2 | pay into
the Local Government Tax Fund 16% of the net revenue | ||||||
3 | realized for the
preceding month from the 6.25% general rate on | ||||||
4 | the selling price of
tangible personal property.
| ||||||
5 | Beginning August 1, 2000, each
month the Department shall | ||||||
6 | pay into the
Local Government Tax Fund 80% of the net revenue | ||||||
7 | realized for the preceding
month from the 1.25% rate on the | ||||||
8 | selling price of motor fuel and gasohol.
| ||||||
9 | Of the remainder of the moneys received by the Department | ||||||
10 | pursuant
to this Act, (a) 1.75% thereof shall be paid into the | ||||||
11 | Build Illinois
Fund and (b) prior to July 1, 1989, 2.2% and on | ||||||
12 | and after July 1, 1989,
3.8% thereof shall be paid into the | ||||||
13 | Build Illinois Fund; provided, however,
that if in any fiscal | ||||||
14 | year the sum of (1) the aggregate of 2.2% or 3.8%, as
the case | ||||||
15 | may be, of the moneys received by the Department and required | ||||||
16 | to
be paid into the Build Illinois Fund pursuant to this Act, | ||||||
17 | Section 9 of the
Use Tax Act, Section 9 of the Service Use Tax | ||||||
18 | Act, and Section 9 of the
Service Occupation Tax Act, such Acts | ||||||
19 | being hereinafter called the "Tax
Acts" and such aggregate of | ||||||
20 | 2.2% or 3.8%, as the case may be, of moneys
being hereinafter | ||||||
21 | called the "Tax Act Amount", and (2) the amount
transferred to | ||||||
22 | the Build Illinois Fund from the State and Local Sales Tax
| ||||||
23 | Reform Fund shall be less than the Annual Specified Amount (as | ||||||
24 | hereinafter
defined), an amount equal to the difference shall | ||||||
25 | be immediately paid into
the Build Illinois Fund from other | ||||||
26 | moneys received by the Department
pursuant to the Tax Acts; the |
| ||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||
1 | "Annual Specified Amount" means the amounts
specified below for | |||||||||||||||||||||||||||||||||||||
2 | fiscal years 1986 through 1993:
| |||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||
12 | and means the Certified Annual Debt Service Requirement (as | |||||||||||||||||||||||||||||||||||||
13 | defined in
Section 13 of the Build Illinois Bond Act) or the | |||||||||||||||||||||||||||||||||||||
14 | Tax Act Amount, whichever
is greater, for fiscal year 1994 and | |||||||||||||||||||||||||||||||||||||
15 | each fiscal year thereafter; and
further provided, that if on | |||||||||||||||||||||||||||||||||||||
16 | the last business day of any month the sum of
(1) the Tax Act | |||||||||||||||||||||||||||||||||||||
17 | Amount required to be deposited into the Build Illinois
Bond | |||||||||||||||||||||||||||||||||||||
18 | Account in the Build Illinois Fund during such month and (2) | |||||||||||||||||||||||||||||||||||||
19 | the
amount transferred to the Build Illinois Fund from the | |||||||||||||||||||||||||||||||||||||
20 | State and Local
Sales Tax Reform Fund shall have been less than | |||||||||||||||||||||||||||||||||||||
21 | 1/12 of the Annual
Specified Amount, an amount equal to the | |||||||||||||||||||||||||||||||||||||
22 | difference shall be immediately
paid into the Build Illinois | |||||||||||||||||||||||||||||||||||||
23 | Fund from other moneys received by the
Department pursuant to | |||||||||||||||||||||||||||||||||||||
24 | the Tax Acts; and, further provided, that in no
event shall the | |||||||||||||||||||||||||||||||||||||
25 | payments required under the preceding proviso result in
| |||||||||||||||||||||||||||||||||||||
26 | aggregate payments into the Build Illinois Fund pursuant to |
| |||||||
| |||||||
1 | this clause (b)
for any fiscal year in excess of the greater of | ||||||
2 | (i) the Tax Act Amount or
(ii) the Annual Specified Amount for | ||||||
3 | such fiscal year. The amounts payable
into the Build Illinois | ||||||
4 | Fund under clause (b) of the first sentence in this
paragraph | ||||||
5 | shall be payable only until such time as the aggregate amount | ||||||
6 | on
deposit under each trust indenture securing Bonds issued and | ||||||
7 | outstanding
pursuant to the Build Illinois Bond Act is | ||||||
8 | sufficient, taking into account
any future investment income, | ||||||
9 | to fully provide, in accordance with such
indenture, for the | ||||||
10 | defeasance of or the payment of the principal of,
premium, if | ||||||
11 | any, and interest on the Bonds secured by such indenture and on
| ||||||
12 | any Bonds expected to be issued thereafter and all fees and | ||||||
13 | costs payable
with respect thereto, all as certified by the | ||||||
14 | Director of the Bureau of the
Budget (now Governor's Office of | ||||||
15 | Management and Budget). If on the last
business day of any | ||||||
16 | month in which Bonds are
outstanding pursuant to the Build | ||||||
17 | Illinois Bond Act, the aggregate of
moneys deposited in the | ||||||
18 | Build Illinois Bond Account in the Build Illinois
Fund in such | ||||||
19 | month shall be less than the amount required to be transferred
| ||||||
20 | in such month from the Build Illinois Bond Account to the Build | ||||||
21 | Illinois
Bond Retirement and Interest Fund pursuant to Section | ||||||
22 | 13 of the Build
Illinois Bond Act, an amount equal to such | ||||||
23 | deficiency shall be immediately
paid from other moneys received | ||||||
24 | by the Department pursuant to the Tax Acts
to the Build | ||||||
25 | Illinois Fund; provided, however, that any amounts paid to the
| ||||||
26 | Build Illinois Fund in any fiscal year pursuant to this |
| |||||||||||||||||||||||||||
| |||||||||||||||||||||||||||
1 | sentence shall be
deemed to constitute payments pursuant to | ||||||||||||||||||||||||||
2 | clause (b) of the first sentence
of this paragraph and shall | ||||||||||||||||||||||||||
3 | reduce the amount otherwise payable for such
fiscal year | ||||||||||||||||||||||||||
4 | pursuant to that clause (b). The moneys received by the
| ||||||||||||||||||||||||||
5 | Department pursuant to this Act and required to be deposited | ||||||||||||||||||||||||||
6 | into the Build
Illinois Fund are subject to the pledge, claim | ||||||||||||||||||||||||||
7 | and charge set forth in
Section 12 of the Build Illinois Bond | ||||||||||||||||||||||||||
8 | Act.
| ||||||||||||||||||||||||||
9 | Subject to payment of amounts into the Build Illinois Fund | ||||||||||||||||||||||||||
10 | as provided in
the preceding paragraph or in any amendment | ||||||||||||||||||||||||||
11 | thereto hereafter enacted, the
following specified monthly | ||||||||||||||||||||||||||
12 | installment of the amount requested in the
certificate of the | ||||||||||||||||||||||||||
13 | Chairman of the Metropolitan Pier and Exposition
Authority | ||||||||||||||||||||||||||
14 | provided under Section 8.25f of the State Finance Act, but not | ||||||||||||||||||||||||||
15 | in
excess of sums designated as "Total Deposit", shall be | ||||||||||||||||||||||||||
16 | deposited in the
aggregate from collections under Section 9 of | ||||||||||||||||||||||||||
17 | the Use Tax Act, Section 9 of
the Service Use Tax Act, Section | ||||||||||||||||||||||||||
18 | 9 of the Service Occupation Tax Act, and
Section 3 of the | ||||||||||||||||||||||||||
19 | Retailers' Occupation Tax Act into the McCormick Place
| ||||||||||||||||||||||||||
20 | Expansion Project Fund in the specified fiscal years.
| ||||||||||||||||||||||||||
|
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
| ||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||
9 | Beginning July 20, 1993 and in each month of each fiscal | |||||||||||||||||||||||||||||||||||||||||
10 | year thereafter,
one-eighth of the amount requested in the | |||||||||||||||||||||||||||||||||||||||||
11 | certificate of the Chairman of
the Metropolitan Pier and | |||||||||||||||||||||||||||||||||||||||||
12 | Exposition Authority for that fiscal year, less
the amount | |||||||||||||||||||||||||||||||||||||||||
13 | deposited into the McCormick Place Expansion Project Fund by | |||||||||||||||||||||||||||||||||||||||||
14 | the
State Treasurer in the respective month under subsection | |||||||||||||||||||||||||||||||||||||||||
15 | (g) of Section 13
of the Metropolitan Pier and Exposition | |||||||||||||||||||||||||||||||||||||||||
16 | Authority Act, plus cumulative
deficiencies in the deposits | |||||||||||||||||||||||||||||||||||||||||
17 | required under this Section for previous
months and years, | |||||||||||||||||||||||||||||||||||||||||
18 | shall be deposited into the McCormick Place Expansion
Project | |||||||||||||||||||||||||||||||||||||||||
19 | Fund, until the full amount requested for the fiscal year, but | |||||||||||||||||||||||||||||||||||||||||
20 | not
in excess of the amount specified above as "Total Deposit", | |||||||||||||||||||||||||||||||||||||||||
21 | has been deposited.
| |||||||||||||||||||||||||||||||||||||||||
22 | Subject to payment of amounts into the Build Illinois Fund | |||||||||||||||||||||||||||||||||||||||||
23 | and the
McCormick Place Expansion Project Fund pursuant to the | |||||||||||||||||||||||||||||||||||||||||
24 | preceding paragraphs
or in any amendments
thereto hereafter | |||||||||||||||||||||||||||||||||||||||||
25 | enacted, beginning July 1, 1993, the Department shall each
| |||||||||||||||||||||||||||||||||||||||||
26 | month pay into the Illinois Tax Increment Fund 0.27% of 80% of |
| |||||||
| |||||||
1 | the net revenue
realized for the preceding month from the 6.25% | ||||||
2 | general rate on the selling
price of tangible personal | ||||||
3 | property.
| ||||||
4 | Subject to payment of amounts into the Build Illinois Fund | ||||||
5 | and the
McCormick Place Expansion Project Fund pursuant to the | ||||||
6 | preceding paragraphs or in any
amendments thereto hereafter | ||||||
7 | enacted, beginning with the receipt of the first
report of | ||||||
8 | taxes paid by an eligible business and continuing for a 25-year
| ||||||
9 | period, the Department shall each month pay into the Energy | ||||||
10 | Infrastructure
Fund 80% of the net revenue realized from the | ||||||
11 | 6.25% general rate on the
selling price of Illinois-mined coal | ||||||
12 | that was sold to an eligible business.
For purposes of this | ||||||
13 | paragraph, the term "eligible business" means a new
electric | ||||||
14 | generating facility certified pursuant to Section 605-332 of | ||||||
15 | the
Department of Commerce and Economic Opportunity
Law of the | ||||||
16 | Civil Administrative Code of Illinois.
| ||||||
17 | Of the remainder of the moneys received by the Department | ||||||
18 | pursuant to
this Act, 75% thereof shall be paid into the State | ||||||
19 | Treasury and 25% shall
be reserved in a special account and | ||||||
20 | used only for the transfer to the
Common School Fund as part of | ||||||
21 | the monthly transfer from the General Revenue
Fund in | ||||||
22 | accordance with Section 8a of the State Finance Act.
| ||||||
23 | The Department may, upon separate written notice to a | ||||||
24 | taxpayer,
require the taxpayer to prepare and file with the | ||||||
25 | Department on a form
prescribed by the Department within not | ||||||
26 | less than 60 days after receipt
of the notice an annual |
| |||||||
| |||||||
1 | information return for the tax year specified in
the notice. | ||||||
2 | Such annual return to the Department shall include a
statement | ||||||
3 | of gross receipts as shown by the retailer's last Federal | ||||||
4 | income
tax return. If the total receipts of the business as | ||||||
5 | reported in the
Federal income tax return do not agree with the | ||||||
6 | gross receipts reported to
the Department of Revenue for the | ||||||
7 | same period, the retailer shall attach
to his annual return a | ||||||
8 | schedule showing a reconciliation of the 2
amounts and the | ||||||
9 | reasons for the difference. The retailer's annual
return to the | ||||||
10 | Department shall also disclose the cost of goods sold by
the | ||||||
11 | retailer during the year covered by such return, opening and | ||||||
12 | closing
inventories of such goods for such year, costs of goods | ||||||
13 | used from stock
or taken from stock and given away by the | ||||||
14 | retailer during such year,
payroll information of the | ||||||
15 | retailer's business during such year and any
additional | ||||||
16 | reasonable information which the Department deems would be
| ||||||
17 | helpful in determining the accuracy of the monthly, quarterly | ||||||
18 | or annual
returns filed by such retailer as provided for in | ||||||
19 | this Section.
| ||||||
20 | If the annual information return required by this Section | ||||||
21 | is not
filed when and as required, the taxpayer shall be liable | ||||||
22 | as follows:
| ||||||
23 | (i) Until January 1, 1994, the taxpayer shall be liable
| ||||||
24 | for a penalty equal to 1/6 of 1% of the tax due from such | ||||||
25 | taxpayer under
this Act during the period to be covered by | ||||||
26 | the annual return for each
month or fraction of a month |
| |||||||
| |||||||
1 | until such return is filed as required, the
penalty to be | ||||||
2 | assessed and collected in the same manner as any other
| ||||||
3 | penalty provided for in this Act.
| ||||||
4 | (ii) On and after January 1, 1994, the taxpayer shall | ||||||
5 | be
liable for a penalty as described in Section 3-4 of the | ||||||
6 | Uniform Penalty and
Interest Act.
| ||||||
7 | The chief executive officer, proprietor, owner or highest | ||||||
8 | ranking
manager shall sign the annual return to certify the | ||||||
9 | accuracy of the
information contained therein. Any person who | ||||||
10 | willfully signs the
annual return containing false or | ||||||
11 | inaccurate information shall be guilty
of perjury and punished | ||||||
12 | accordingly. The annual return form prescribed
by the | ||||||
13 | Department shall include a warning that the person signing the
| ||||||
14 | return may be liable for perjury.
| ||||||
15 | The provisions of this Section concerning the filing of an | ||||||
16 | annual
information return do not apply to a retailer who is not | ||||||
17 | required to
file an income tax return with the United States | ||||||
18 | Government.
| ||||||
19 | As soon as possible after the first day of each month, upon | ||||||
20 | certification
of the Department of Revenue, the Comptroller | ||||||
21 | shall order transferred and
the Treasurer shall transfer from | ||||||
22 | the General Revenue Fund to the Motor
Fuel Tax Fund an amount | ||||||
23 | equal to 1.7% of 80% of the net revenue realized
under this Act | ||||||
24 | for the second preceding
month.
Beginning April 1, 2000, this | ||||||
25 | transfer is no longer required
and shall not be made.
| ||||||
26 | Net revenue realized for a month shall be the revenue |
| |||||||
| |||||||
1 | collected by the
State pursuant to this Act, less the amount | ||||||
2 | paid out during that month as
refunds to taxpayers for | ||||||
3 | overpayment of liability.
| ||||||
4 | For greater simplicity of administration, manufacturers, | ||||||
5 | importers
and wholesalers whose products are sold at retail in | ||||||
6 | Illinois by
numerous retailers, and who wish to do so, may | ||||||
7 | assume the responsibility
for accounting and paying to the | ||||||
8 | Department all tax accruing under this
Act with respect to such | ||||||
9 | sales, if the retailers who are affected do not
make written | ||||||
10 | objection to the Department to this arrangement.
| ||||||
11 | Any person who promotes, organizes, provides retail | ||||||
12 | selling space for
concessionaires or other types of sellers at | ||||||
13 | the Illinois State Fair, DuQuoin
State Fair, county fairs, | ||||||
14 | local fairs, art shows, flea markets and similar
exhibitions or | ||||||
15 | events, including any transient merchant as defined by Section | ||||||
16 | 2
of the Transient Merchant Act of 1987, is required to file a | ||||||
17 | report with the
Department providing the name of the merchant's | ||||||
18 | business, the name of the
person or persons engaged in | ||||||
19 | merchant's business, the permanent address and
Illinois | ||||||
20 | Retailers Occupation Tax Registration Number of the merchant, | ||||||
21 | the
dates and location of the event and other reasonable | ||||||
22 | information that the
Department may require. The report must be | ||||||
23 | filed not later than the 20th day
of the month next following | ||||||
24 | the month during which the event with retail sales
was held. | ||||||
25 | Any person who fails to file a report required by this Section
| ||||||
26 | commits a business offense and is subject to a fine not to |
| |||||||
| |||||||
1 | exceed $250.
| ||||||
2 | Any person engaged in the business of selling tangible | ||||||
3 | personal
property at retail as a concessionaire or other type | ||||||
4 | of seller at the
Illinois State Fair, county fairs, art shows, | ||||||
5 | flea markets and similar
exhibitions or events, or any | ||||||
6 | transient merchants, as defined by Section 2
of the Transient | ||||||
7 | Merchant Act of 1987, may be required to make a daily report
of | ||||||
8 | the amount of such sales to the Department and to make a daily | ||||||
9 | payment of
the full amount of tax due. The Department shall | ||||||
10 | impose this
requirement when it finds that there is a | ||||||
11 | significant risk of loss of
revenue to the State at such an | ||||||
12 | exhibition or event. Such a finding
shall be based on evidence | ||||||
13 | that a substantial number of concessionaires
or other sellers | ||||||
14 | who are not residents of Illinois will be engaging in
the | ||||||
15 | business of selling tangible personal property at retail at the
| ||||||
16 | exhibition or event, or other evidence of a significant risk of | ||||||
17 | loss of revenue
to the State. The Department shall notify | ||||||
18 | concessionaires and other sellers
affected by the imposition of | ||||||
19 | this requirement. In the absence of
notification by the | ||||||
20 | Department, the concessionaires and other sellers
shall file | ||||||
21 | their returns as otherwise required in this Section.
| ||||||
22 | (Source: P.A. 94-1074, eff. 12-26-06; 95-331, eff. 8-21-07.)
| ||||||
23 | Section 7.7. The Uniform Penalty and Interest Act is | ||||||
24 | amended by adding Section 3-7.7 as follows: |
| |||||||
| |||||||
1 | (35 ILCS 735/3-7.7 new)
| ||||||
2 | Sec. 3-7.7. Penalty for failure to timely file a report or | ||||||
3 | accurately report on sales of motor fuel in the metropolitan | ||||||
4 | region. | ||||||
5 | (a) Any retailer who fails to timely file the report | ||||||
6 | required by Section 3 of the Retailers' Occupation Tax Act | ||||||
7 | concerning gross receipts from and tax properly due and paid on | ||||||
8 | the sale of motor fuel in the metropolitan region shall pay the | ||||||
9 | following penalty: | ||||||
10 | First occurrence ...............................$ 250 | ||||||
11 | Second and each occurrence thereafter ..........$1,000 | ||||||
12 | (b) Any retailer who fails to accurately report the amount | ||||||
13 | required by Section 3 of the Retailers' Occupation Tax Act | ||||||
14 | concerning gross receipts from and tax properly due and paid on | ||||||
15 | the sale of motor fuel in the metropolitan region shall pay the | ||||||
16 | following penalty: | ||||||
17 | First occurrence ..............................$ 250 | ||||||
18 | Second and each occurrence thereafter ..........$1,000 | ||||||
19 | (c) For purposes of this Section, "motor fuel" means that | ||||||
20 | term as defined in the Motor Fuel Tax Law, not including | ||||||
21 | aviation fuel, and "metropolitan region" means that term as | ||||||
22 | defined in the Regional Transportation Authority Act. | ||||||
23 | (d) The penalty imposed under this Section shall be deemed | ||||||
24 | assessed at the time of notice by the Department and shall be | ||||||
25 | treated for all purposes, including collection and allocation, | ||||||
26 | as part of the tax to which the report relates. |
| |||||||
| |||||||
1 | Section 8. The Illinois Pension Code is amended by changing | ||||||
2 | Section 22-101 and by adding Section 22-101B as follows:
| ||||||
3 | (40 ILCS 5/22-101) (from Ch. 108 1/2, par. 22-101)
| ||||||
4 | Sec. 22-101. Retirement Plan for Chicago Transit Authority | ||||||
5 | Employees.
Metropolitan Transit Authority (CTA) Pension Fund.
| ||||||
6 | (a) There shall be established and maintained by the | ||||||
7 | Authority created by
the "Metropolitan Transit Authority Act", | ||||||
8 | approved April 12, 1945, as
amended, (referred to in this | ||||||
9 | Section as the "Authority") a financially sound pension and | ||||||
10 | retirement system adequate to
provide for all payments when due | ||||||
11 | under such established system or as
modified from time to time | ||||||
12 | by ordinance of the Chicago Transit Board or collective | ||||||
13 | bargaining agreement . For
this purpose, the Board must make | ||||||
14 | contributions to the established system as required under this | ||||||
15 | Section and may make any additional contributions provided for | ||||||
16 | by Board ordinance or collective bargaining agreement. The | ||||||
17 | participating employees shall make
such periodic payments to | ||||||
18 | the established system as required under this Section and may | ||||||
19 | make any additional contributions provided for
may be | ||||||
20 | determined by
Board ordinance or collective bargaining | ||||||
21 | agreement. The Board, in lieu of social security payments | ||||||
22 | required to
be paid by private corporations engaged in similar | ||||||
23 | activity, shall make
payments into such established system at | ||||||
24 | least equal in amount to the
amount so required to be paid by |
| |||||||
| |||||||
1 | such private corporations. | ||||||
2 | Provisions
shall be made by the Board for all Board | ||||||
3 | members, officers and employees of
the Authority appointed | ||||||
4 | pursuant to the "Metropolitan Transit Authority
Act" to become, | ||||||
5 | subject to reasonable rules and regulations, participants
| ||||||
6 | members or
beneficiaries of the pension or retirement system | ||||||
7 | with uniform rights,
privileges, obligations and status as to | ||||||
8 | the class in which such officers
and employees belong. The | ||||||
9 | terms, conditions and provisions of any pension
or retirement | ||||||
10 | system or of any amendment or modification thereof affecting
| ||||||
11 | employees who are members of any labor organization may be | ||||||
12 | established,
amended or modified by agreement with such labor | ||||||
13 | organization, provided the terms, conditions and provisions | ||||||
14 | must be consistent with this Act, the annual funding levels for | ||||||
15 | the retirement system established by law must be met and the | ||||||
16 | benefits paid to future participants in the system may not | ||||||
17 | exceed the benefit ceilings set for future participants under | ||||||
18 | this Act and the contribution levels required by the Authority | ||||||
19 | and its employees may not be less than the contribution levels | ||||||
20 | established under this Act
but must be consistent with the | ||||||
21 | requirements of this Section .
| ||||||
22 | (b) The Board of Trustees shall consist of 11 members | ||||||
23 | appointed as follows: (i) 5 trustees shall be appointed by the | ||||||
24 | Chicago Transit Board; (ii) 3 trustees shall be appointed by an | ||||||
25 | organization representing the highest number of Chicago | ||||||
26 | Transit Authority participants; (iii) one trustee shall be |
| |||||||
| |||||||
1 | appointed by an organization representing the second-highest | ||||||
2 | number of Chicago Transit Authority participants; (iv) one | ||||||
3 | trustee shall be appointed by the recognized coalition | ||||||
4 | representatives of participants who are not represented by an | ||||||
5 | organization with the highest or second-highest number of | ||||||
6 | Chicago Transit Authority participants; and (v) one trustee | ||||||
7 | shall be selected by the Regional Transportation Authority | ||||||
8 | Board of Directors, and the trustee shall be a professional | ||||||
9 | fiduciary who has experience in the area of collectively | ||||||
10 | bargained pension plans. Trustees shall serve until a successor | ||||||
11 | has been appointed and qualified, or until resignation, death, | ||||||
12 | incapacity, or disqualification. | ||||||
13 | Any person appointed as a trustee of the board shall | ||||||
14 | qualify by taking an oath of office that he or she will | ||||||
15 | diligently and honestly administer the affairs of the system | ||||||
16 | and will not knowingly violate or willfully permit the | ||||||
17 | violation of any of the provisions of law applicable to the | ||||||
18 | Plan, including Sections 1-109, 1-109.1, 1-109.2, 1-110, | ||||||
19 | 1-111, 1-114, and 1-115 of the Illinois Pension Code. | ||||||
20 | Each trustee shall cast individual votes, and a majority | ||||||
21 | vote shall be final and binding upon all interested parties, | ||||||
22 | provided that the Board of Trustees may require a supermajority | ||||||
23 | vote with respect to the investment of the assets of the | ||||||
24 | Retirement Plan, and may set forth that requirement in the | ||||||
25 | Retirement Plan documents, by-laws, or rules of the Board of | ||||||
26 | Trustees. Each trustee shall have the rights, privileges, |
| |||||||
| |||||||
1 | authority, and obligations as are usual and customary for such | ||||||
2 | fiduciaries. | ||||||
3 | The Board of Trustees may cause amounts on deposit in the | ||||||
4 | Retirement Plan to be invested in those investments that are | ||||||
5 | permitted investments for the investment of moneys held under | ||||||
6 | any one or more of the pension or retirement systems of the | ||||||
7 | State, any unit of local government or school district, or any | ||||||
8 | agency or instrumentality thereof. The Board, by a vote of at | ||||||
9 | least two-thirds of the trustees, may transfer investment | ||||||
10 | management to the Illinois State Board of Investment, which is | ||||||
11 | hereby authorized to manage these investments when so requested | ||||||
12 | by the Board of Trustees.
| ||||||
13 | (c) All individuals who were previously participants in the | ||||||
14 | Retirement Plan for Chicago Transit Authority Employees shall | ||||||
15 | remain participants, and shall receive the same benefits | ||||||
16 | established by the Retirement Plan for Chicago Transit | ||||||
17 | Authority Employees, except as provided in this amendatory Act | ||||||
18 | or by subsequent legislative enactment or amendment to the | ||||||
19 | Retirement Plan. For Authority employees hired on or after | ||||||
20 | January 1, 2008, the Retirement Plan for Chicago Transit | ||||||
21 | Authority Employees shall be the exclusive retirement plan and | ||||||
22 | such employees shall not be eligible for any supplemental plan, | ||||||
23 | except for a deferred compensation plan funded only by employee | ||||||
24 | contributions. | ||||||
25 | For all Authority employees who are first hired on or after | ||||||
26 | January 1, 2008 and are participants in the Retirement Plan for |
| |||||||
| |||||||
1 | Chicago Transit Authority Employees, the following terms, | ||||||
2 | conditions and provisions with respect to retirement shall be | ||||||
3 | applicable: | ||||||
4 | (1) Such participant shall be eligible for an unreduced | ||||||
5 | retirement allowance for life upon the attainment of age 64 | ||||||
6 | with 25 years of continuous service. | ||||||
7 | (2) Such participant shall be eligible for a reduced | ||||||
8 | retirement allowance for life upon the attainment of age 55 | ||||||
9 | with 10 years of continuous service. | ||||||
10 | (3) For the purpose of determining the retirement | ||||||
11 | allowance to be paid to a retiring employee, the term | ||||||
12 | "Continuous Service" as used in the Retirement Plan for | ||||||
13 | Chicago Transit Authority Employees shall also be deemed to | ||||||
14 | include all pension credit for service with any retirement | ||||||
15 | system established under Article 8 or Article 11 of this | ||||||
16 | Code, provided that the employee forfeits and relinquishes | ||||||
17 | all pension credit under Article 8 or Article 11 of this | ||||||
18 | Code, and the contribution required under this subsection | ||||||
19 | is made by the employee. The Retirement Plan's actuary | ||||||
20 | shall determine the contribution paid by the employee as an | ||||||
21 | amount equal to the normal cost of the benefit accrued, had | ||||||
22 | the service been rendered as an employee, plus interest per | ||||||
23 | annum from the time such service was rendered until the | ||||||
24 | date the payment is made. | ||||||
25 | (d) From the effective date of this amendatory Act through | ||||||
26 | December 31, 2008, all participating employees shall |
| |||||||
| |||||||
1 | contribute to the Retirement Plan in an amount not less than 6% | ||||||
2 | of compensation, and the Authority shall contribute to the | ||||||
3 | Retirement Plan in an amount not less than 12% of compensation.
| ||||||
4 | (e)(1) Beginning January 1, 2009 the Authority shall make | ||||||
5 | contributions to the Retirement Plan in an amount equal to | ||||||
6 | twelve percent (12%) of compensation and participating | ||||||
7 | employees shall make contributions to the Retirement Plan in an | ||||||
8 | amount equal to six percent (6%) of compensation. These | ||||||
9 | contributions may be paid by the Authority and participating | ||||||
10 | employees on a payroll or other periodic basis, but shall in | ||||||
11 | any case be paid to the Retirement Plan at least monthly.
| ||||||
12 | (2) For the period ending December 31, 2039, the amount | ||||||
13 | paid by the Authority in any year with respect to debt service | ||||||
14 | on bonds issued for the purposes of funding a contribution to | ||||||
15 | the Retirement Plan under Section 12c of the Metropolitan | ||||||
16 | Transit Authority Act, other than debt service paid with the | ||||||
17 | proceeds of bonds or notes issued by the Authority for any year | ||||||
18 | after calendar year 2008, shall be treated as a credit against | ||||||
19 | the amount of required contribution to the Retirement Plan by | ||||||
20 | the Authority under subsection (e)(1) for the following year up | ||||||
21 | to an amount not to exceed 6% of compensation paid by the | ||||||
22 | Authority in that following year.
| ||||||
23 | (3) By September 15 of each year beginning in 2009 and | ||||||
24 | ending on December 31, 2038, on the basis of a report prepared | ||||||
25 | by an enrolled actuary retained by the Plan, the Board of | ||||||
26 | Trustees of the Retirement Plan shall determine the estimated |
| |||||||
| |||||||
1 | funded ratio of the total assets of the Retirement Plan to its | ||||||
2 | total actuarially determined liabilities. A report containing | ||||||
3 | that determination and the actuarial assumptions on which it is | ||||||
4 | based shall be filed with the Authority, the representatives of | ||||||
5 | its participating employees, the Auditor General of the State | ||||||
6 | of Illinois, and the Regional Transportation Authority. If the | ||||||
7 | funded ratio is projected to decline below 60% in any year | ||||||
8 | before 2039, the Board of Trustees shall also determine the | ||||||
9 | increased contribution required each year as a level percentage | ||||||
10 | of payroll over the years remaining until 2039 using the | ||||||
11 | projected unit credit actuarial cost method so the funded ratio | ||||||
12 | does not decline below 60% and include that determination in | ||||||
13 | its report. If the actual funded ratio declines below 60% in | ||||||
14 | any year prior to 2039, the Board of Trustees shall also | ||||||
15 | determine the increased contribution required each year as a | ||||||
16 | level percentage of payroll during the years after the then | ||||||
17 | current year using the projected unit credit actuarial cost | ||||||
18 | method so the funded ratio is projected to reach at least 60% | ||||||
19 | no later than 10 years after the then current year and include | ||||||
20 | that determination in its report. Within 60 days after | ||||||
21 | receiving the report, the Auditor General shall review the | ||||||
22 | determination and the assumptions on which it is based, and if | ||||||
23 | he finds that the determination and the assumptions on which it | ||||||
24 | is based are unreasonable in the aggregate, he shall issue a | ||||||
25 | new determination of the funded ratio, the assumptions on which | ||||||
26 | it is based and the increased contribution required each year |
| |||||||
| |||||||
1 | as a level percentage of payroll over the years remaining until | ||||||
2 | 2039 using the projected unit credit actuarial cost method so | ||||||
3 | the funded ratio does not decline below 60%, or, in the event | ||||||
4 | of an actual decline below 60%, so the funded ratio is | ||||||
5 | projected to reach 60% by no later than 10 years after the then | ||||||
6 | current year. If the Board of Trustees or the Auditor General | ||||||
7 | determine that an increased contribution is required to meet | ||||||
8 | the funded ratio required by the subsection, effective January | ||||||
9 | 1 following the determination or 30 days after such | ||||||
10 | determination, whichever is later, one-third of the increased | ||||||
11 | contribution shall be paid by participating employees and | ||||||
12 | two-thirds by the Authority, in addition to the contributions | ||||||
13 | required by this subsection (1).
| ||||||
14 | (4) For the period beginning 2039, the minimum contribution | ||||||
15 | to the Retirement Plan for each fiscal year shall be an amount | ||||||
16 | determined by the Board of Trustees of the Retirement Plan to | ||||||
17 | be sufficient to bring the total assets of the Retirement Plan | ||||||
18 | up to 90% of its total actuarial liabilities by the end of | ||||||
19 | 2058. Participating employees shall be responsible for | ||||||
20 | one-third of the required contribution and the Authority shall | ||||||
21 | be responsible for two-thirds of the required contribution. In | ||||||
22 | making these determinations, the Board of Trustees shall | ||||||
23 | calculate the required contribution each year as a level | ||||||
24 | percentage of payroll over the years remaining to and including | ||||||
25 | fiscal year 2058 using the projected unit credit actuarial cost | ||||||
26 | method. A report containing that determination and the |
| |||||||
| |||||||
1 | actuarial assumptions on which it is based shall be filed by | ||||||
2 | September 15 of each year with the Authority, the | ||||||
3 | representatives of its participating employees, the Auditor | ||||||
4 | General of the State of Illinois and the Regional | ||||||
5 | Transportation Authority. If the funded ratio is projected to | ||||||
6 | fail to reach 90% by December 31, 2058, the Board of Trustees | ||||||
7 | shall also determine the increased contribution required each | ||||||
8 | year as a level percentage of payroll over the years remaining | ||||||
9 | until December 31, 2058 using the projected unit credit | ||||||
10 | actuarial cost method so the funded ratio will meet 90% by | ||||||
11 | December 31, 2058 and include that determination in its report. | ||||||
12 | Within 60 days after receiving the report, the Auditor General | ||||||
13 | shall review the determination and the assumptions on which it | ||||||
14 | is based and if he finds that the determination and the | ||||||
15 | assumptions on which it is based are unreasonable in the | ||||||
16 | aggregate, he shall issue a new determination of the funded | ||||||
17 | ratio, the assumptions on which it is based and the increased | ||||||
18 | contribution required each year as a level percentage of | ||||||
19 | payroll over the years remaining until December 31, 2058 using | ||||||
20 | the projected unit credit actuarial cost method so the funded | ||||||
21 | ratio reaches no less than 90% by December 31, 2058. If the | ||||||
22 | Board of Trustees or the Auditor General determine that an | ||||||
23 | increased contribution is required to meet the funded ratio | ||||||
24 | required by this subsection, effective January 1 following the | ||||||
25 | determination or 30 days after such determination, whichever is | ||||||
26 | later, one-third of the increased contribution shall be paid by |
| |||||||
| |||||||
1 | participating employees and two-thirds by the Authority, in | ||||||
2 | addition to the contributions required by subsection (e)(1).
| ||||||
3 | (5) Beginning in 2059, the minimum contribution for each | ||||||
4 | year shall be the amount needed to maintain the total assets of | ||||||
5 | the Retirement Plan at 90% of the total actuarial liabilities | ||||||
6 | of the Plan, and the contribution shall be funded two-thirds by | ||||||
7 | the Authority and one-third by the participating employees in | ||||||
8 | accordance with this subsection.
| ||||||
9 | (f) The Authority shall take the steps necessary to comply | ||||||
10 | with Section 414(h)(2) of the Internal Revenue Code of 1986, as | ||||||
11 | amended, to permit the pick-up of employee contributions under | ||||||
12 | subsections (d) and (e) on a tax-deferred basis.
| ||||||
13 | (g) The Board of Trustees shall certify to the Governor, | ||||||
14 | the General Assembly, the Auditor General, the Board of the | ||||||
15 | Regional Transportation Authority, and the Authority at least | ||||||
16 | 90 days prior to the end of each fiscal year the amount of the | ||||||
17 | required contributions to the retirement system for the next | ||||||
18 | retirement system fiscal year under this Section. The | ||||||
19 | certification shall include a copy of the actuarial | ||||||
20 | recommendations upon which it is based. In addition, copies of | ||||||
21 | the certification shall be sent to the Commission on Government | ||||||
22 | Forecasting and Accountability and the Mayor of Chicago.
| ||||||
23 | (h)(1) As to an employee who first becomes entitled to a | ||||||
24 | retirement
allowance commencing on or after November 30, 1989, | ||||||
25 | the
retirement allowance shall be the amount determined in
| ||||||
26 | accordance with the following formula: |
| |||||||
| |||||||
1 | (A) One percent (1%) of his "Average Annual | ||||||
2 | Compensation
in the highest four (4) completed Plan Years" | ||||||
3 | for each
full year of continuous service from the date of | ||||||
4 | original
employment to the effective date of the Plan; plus | ||||||
5 | (B) One and seventy-five hundredths percent (1.75%) of | ||||||
6 | his
"Average Annual Compensation in the highest four (4)
| ||||||
7 | completed Plan Years" for each year (including fractions
| ||||||
8 | thereof to completed calendar months) of continuous
| ||||||
9 | service as provided for in the Retirement Plan for Chicago | ||||||
10 | Transit Authority Employees. | ||||||
11 | Provided, however that: | ||||||
12 | (2) As to an employee who first becomes entitled to a | ||||||
13 | retirement
allowance commencing on or after January 1, 1993, | ||||||
14 | the retirement
allowance shall be the amount determined in | ||||||
15 | accordance with the
following formula: | ||||||
16 | (A) One percent (1%) of his "Average Annual | ||||||
17 | Compensation
in the highest four (4) completed Plan Years" | ||||||
18 | for each
full year of continuous service from the date of | ||||||
19 | original
employment to the effective date of the Plan; plus | ||||||
20 | (B) One and eighty hundredths percent (1.80%) of his
| ||||||
21 | "Average Annual Compensation in the highest four (4)
| ||||||
22 | completed Plan Years" for each year (including fractions
| ||||||
23 | thereof to completed calendar months) of continuous
| ||||||
24 | service as provided for in the Retirement Plan for Chicago | ||||||
25 | Transit Authority Employees. | ||||||
26 | Provided, however that: |
| |||||||
| |||||||
1 | (3) As to an employee who first becomes entitled to a | ||||||
2 | retirement
allowance commencing on or after January 1, 1994, | ||||||
3 | the retirement
allowance shall be the amount determined in | ||||||
4 | accordance with the
following formula: | ||||||
5 | (A) One percent (1%) of his "Average Annual | ||||||
6 | Compensation
in the highest four (4) completed Plan Years" | ||||||
7 | for each
full year of continuous service from the date of | ||||||
8 | original
employment to the effective date of the Plan; plus | ||||||
9 | (B) One and eighty-five hundredths percent (1.85%) of | ||||||
10 | his
"Average Annual Compensation in the highest four (4)
| ||||||
11 | completed Plan Years" for each year (including fractions
| ||||||
12 | thereof to completed calendar months) of continuous
| ||||||
13 | service as provided for in the Retirement Plan for Chicago | ||||||
14 | Transit Authority Employees. | ||||||
15 | Provided, however that: | ||||||
16 | (4) As to an employee who first becomes entitled to a | ||||||
17 | retirement
allowance commencing on or after January 1, 2000, | ||||||
18 | the retirement
allowance shall be the amount determined in | ||||||
19 | accordance with the
following formula: | ||||||
20 | (A) One percent (1%) of his "Average Annual | ||||||
21 | Compensation
in the highest four (4) completed Plan Years" | ||||||
22 | for each
full year of continuous service from the date of | ||||||
23 | original
employment to the effective date of the Plan; plus | ||||||
24 | (B) Two percent (2%) of his "Average Annual
| ||||||
25 | Compensation in the highest four (4) completed Plan
Years" | ||||||
26 | for each year (including fractions thereof to
completed |
| |||||||
| |||||||
1 | calendar months) of continuous service as provided for in | ||||||
2 | the Retirement Plan for Chicago Transit Authority | ||||||
3 | Employees. | ||||||
4 | Provided, however that: | ||||||
5 | (5) As to an employee who first becomes entitled to a | ||||||
6 | retirement
allowance commencing on or after January 1, 2001, | ||||||
7 | the
retirement allowance shall be the amount determined in
| ||||||
8 | accordance with the following formula: | ||||||
9 | (A) One percent (1%) of his "Average Annual | ||||||
10 | Compensation
in the highest four (4) completed Plan Years" | ||||||
11 | for each
full year of continuous service from the date of | ||||||
12 | original
employment to the effective date of the Plan; plus | ||||||
13 | (B) Two and fifteen hundredths percent (2.15%) of his
| ||||||
14 | "Average Annual Compensation in the highest four (4)
| ||||||
15 | completed Plan Years" for each year (including fractions
| ||||||
16 | thereof to completed calendar months) of continuous
| ||||||
17 | service as provided for in the Retirement Plan for Chicago | ||||||
18 | Transit Authority Employees. | ||||||
19 | The changes made by this amendatory Act of the 95th General | ||||||
20 | Assembly, to the extent that they affect the rights or | ||||||
21 | privileges of Authority employees that are currently the | ||||||
22 | subject of collective bargaining, have been agreed to between | ||||||
23 | the authorized representatives of these employees and of the | ||||||
24 | Authority prior to enactment of this amendatory Act, as | ||||||
25 | evidenced by a Memorandum of Understanding between these | ||||||
26 | representatives that will be filed with the Secretary of State |
| |||||||
| |||||||
1 | Index Department and designated as "95-GA-C05". The General | ||||||
2 | Assembly finds and declares that those changes are consistent | ||||||
3 | with 49 U.S.C. 5333(b) (also known as Section 13(c) of the | ||||||
4 | Federal Transit Act) because of this agreement between | ||||||
5 | authorized representatives of these employees and of the | ||||||
6 | Authority, and that any future amendments to the provisions of | ||||||
7 | this amendatory Act of the 95th General Assembly, to the extent | ||||||
8 | those amendments would affect the rights and privileges of | ||||||
9 | Authority employees that are currently the subject of | ||||||
10 | collective bargaining, would be consistent with 49 U.S.C. | ||||||
11 | 5333(b) if and only if those amendments were agreed to between | ||||||
12 | these authorized representatives prior to enactment. | ||||||
13 | (i) Early retirement incentive plan; funded ratio.
| ||||||
14 | (1) Beginning on the effective date of this Section, no | ||||||
15 | early retirement incentive shall be offered to | ||||||
16 | participants of the Plan unless the Funded Ratio of the | ||||||
17 | Plan is at least 80% or more.
| ||||||
18 | (2) For the purposes of this Section, the
Funded Ratio | ||||||
19 | shall be the Adjusted Assets divided by the Actuarial
| ||||||
20 | Accrued Liability developed in accordance with Statement | ||||||
21 | #25
promulgated by the Government Accounting Standards | ||||||
22 | Board and the
actuarial assumptions described in the Plan. | ||||||
23 | The Adjusted Assets shall be
calculated based on the | ||||||
24 | methodology described in the Plan. | ||||||
25 | (j) Nothing in this amendatory Act of the 95th General | ||||||
26 | Assembly shall impair the rights or privileges of Authority |
| |||||||
| |||||||
1 | employees under any other law.
| ||||||
2 | (b) Beginning January 1, 2009, the Authority shall make | ||||||
3 | contributions to the retirement system in an amount which, | ||||||
4 | together with the contributions of participants, interest | ||||||
5 | earned on investments, and other income, will meet the cost of | ||||||
6 | maintaining and administering the retirement plan in | ||||||
7 | accordance with applicable actuarial recommendations and | ||||||
8 | assumptions and the requirements of this Section. These | ||||||
9 | contributions may be paid on a payroll or other periodic basis, | ||||||
10 | but shall in any case be paid at least monthly. | ||||||
11 | For retirement system fiscal years 2009 through 2058, the | ||||||
12 | minimum contribution to the retirement system to be made by the | ||||||
13 | Authority for each fiscal year shall be an amount determined | ||||||
14 | jointly by the Authority and the trustee of the retirement | ||||||
15 | system to be sufficient to bring the total assets of the | ||||||
16 | retirement system up to 90% of its total actuarial liabilities | ||||||
17 | by the end of fiscal year 2058. In making these determinations, | ||||||
18 | the required Authority contribution shall be calculated each | ||||||
19 | year as a level percentage of payroll over the years remaining | ||||||
20 | to and including fiscal year 2058 and shall be determined under | ||||||
21 | the projected unit credit actuarial cost method. Beginning in | ||||||
22 | retirement system fiscal year 2059, the minimum Authority | ||||||
23 | contribution for each fiscal year shall be the amount needed to | ||||||
24 | maintain the total assets of the retirement system at 90% of | ||||||
25 | the total actuarial liabilities of the system. | ||||||
26 | For purposes of determining employer contributions and |
| |||||||
| |||||||
1 | actuarial liabilities under this subsection, contributions and | ||||||
2 | liabilities relating to health care benefits shall not be | ||||||
3 | included. As used in this Section, "retirement system fiscal | ||||||
4 | year" means the calendar year, or such other plan year as may | ||||||
5 | be defined from time to time in the agreement known as the | ||||||
6 | Retirement Plan for Chicago Transit Authority Employees, or its | ||||||
7 | successor agreement.
| ||||||
8 | (c) The Authority and the trustee shall jointly certify to | ||||||
9 | the Governor, the General Assembly, and the Board of the | ||||||
10 | Regional Transportation Authority on or before November 15 of | ||||||
11 | 2008 and of each year thereafter the amount of the required | ||||||
12 | Authority contributions to the retirement system for the next | ||||||
13 | retirement system fiscal year under subsection (b). The | ||||||
14 | certification shall include a copy of the actuarial | ||||||
15 | recommendations upon which it is based. In addition, copies of | ||||||
16 | the certification shall be sent to the Commission on Government | ||||||
17 | Forecasting and Accountability, the Mayor of Chicago, the | ||||||
18 | Chicago City Council, and the Cook County Board. | ||||||
19 | (d) The Authority shall take all actions lawfully available | ||||||
20 | to it to separate the funding of health care benefits for | ||||||
21 | retirees and their dependents and survivors from the funding | ||||||
22 | for its retirement system. The Authority shall endeavor to | ||||||
23 | achieve this separation as soon as possible, and in any event | ||||||
24 | no later than January 1, 2009.
| ||||||
25 | (e) This amendatory Act of the 94th General Assembly does | ||||||
26 | not affect or impair the right of either the Authority or its |
| |||||||
| |||||||
1 | employees to collectively bargain the amount or level of | ||||||
2 | employee contributions to the retirement system.
| ||||||
3 | (Source: P.A. 94-839, eff. 6-6-06.)
| ||||||
4 | (40 ILCS 5/22-101B new)
| ||||||
5 | Sec. 22-101B. Health Care Benefits. | ||||||
6 | (a) The Chicago Transit Authority (hereinafter referred to | ||||||
7 | in this Section as the "Authority") shall take all actions | ||||||
8 | lawfully available to it to separate the funding of health care | ||||||
9 | benefits for retirees and their dependents and survivors from | ||||||
10 | the funding for its retirement system. The Authority shall | ||||||
11 | endeavor to achieve this separation as soon as possible, and in | ||||||
12 | any event no later than January 1, 2009. | ||||||
13 | (b) Effective January 1, 2008, a Retiree Health Care Trust | ||||||
14 | is established for the purpose of providing health care | ||||||
15 | benefits to eligible retirees and their dependents and | ||||||
16 | survivors in accordance with the terms and conditions set forth | ||||||
17 | in this Section 22-101B. The Retiree Health Care Trust shall be | ||||||
18 | solely responsible for providing health care benefits to | ||||||
19 | eligible retirees and their dependents and survivors by no | ||||||
20 | later than January 1, 2009, but no earlier than July 1, 2008.
| ||||||
21 | (1) The Board of Trustees shall consist of 7 members | ||||||
22 | appointed as follows: (i) 3 trustees shall be appointed by | ||||||
23 | the Chicago Transit Board; (ii) one trustee shall be | ||||||
24 | appointed by an organization representing the highest | ||||||
25 | number of Chicago Transit Authority participants; (iii) |
| |||||||
| |||||||
1 | one trustee shall be appointed by an organization | ||||||
2 | representing the second-highest number of Chicago Transit | ||||||
3 | Authority participants; (iv) one trustee shall be | ||||||
4 | appointed by the recognized coalition representatives of | ||||||
5 | participants who are not represented by an organization | ||||||
6 | with the highest or second-highest number of Chicago | ||||||
7 | Transit Authority participants; and (v) one trustee shall | ||||||
8 | be selected by the Regional Transportation Authority Board | ||||||
9 | of Directors, and the trustee shall be a professional | ||||||
10 | fiduciary who has experience in the area of collectively | ||||||
11 | bargained retiree health plans. Trustees shall serve until | ||||||
12 | a successor has been appointed and qualified, or until | ||||||
13 | resignation, death, incapacity, or disqualification.
| ||||||
14 | Any person appointed as a trustee of the board shall | ||||||
15 | qualify by taking an oath of office that he or she will | ||||||
16 | diligently and honestly administer the affairs of the | ||||||
17 | system, and will not knowingly violate or willfully permit | ||||||
18 | the violation of any of the provisions of law applicable to | ||||||
19 | the Plan, including Sections 1-109, 1-109.1, 1-109.2, | ||||||
20 | 1-110, 1-111, 1-114, and 1-115 of Article 1 of the Illinois | ||||||
21 | Pension Code.
| ||||||
22 | Each trustee shall cast individual votes, and a | ||||||
23 | majority vote shall be final and binding upon all | ||||||
24 | interested parties, provided that the Board of Trustees may | ||||||
25 | require a supermajority vote with respect to the investment | ||||||
26 | of the assets of the Retiree Health Care Trust, and may set |
| |||||||
| |||||||
1 | forth that requirement in the trust agreement or by-laws of | ||||||
2 | the Board of Trustees. Each trustee shall have the rights, | ||||||
3 | privileges, authority and obligations as are usual and | ||||||
4 | customary for such fiduciaries.
| ||||||
5 | (2) The Board of Trustees shall establish and | ||||||
6 | administer a health care benefit program for eligible | ||||||
7 | retirees and their dependents and survivors. The health | ||||||
8 | care benefit program for eligible retirees and their | ||||||
9 | dependents and survivors shall not contain any plan which | ||||||
10 | provides for more than 90% coverage for in-network services | ||||||
11 | or 70% coverage for out-of-network services after any | ||||||
12 | deductible has been paid.
| ||||||
13 | (3) The Retiree Health Care Trust shall be administered | ||||||
14 | by the Board of Trustees according to the following | ||||||
15 | requirements:
| ||||||
16 | (i) The Board of Trustees may cause amounts on | ||||||
17 | deposit in the Retiree Health Care Trust to be invested | ||||||
18 | in those investments that are permitted investments | ||||||
19 | for the investment of moneys held under any one or more | ||||||
20 | of the pension or retirement systems of the State, any | ||||||
21 | unit of local government or school district, or any | ||||||
22 | agency or instrumentality thereof. The Board, by a vote | ||||||
23 | of at least two-thirds of the trustees, may transfer | ||||||
24 | investment management to the Illinois State Board of | ||||||
25 | Investment, which is hereby authorized to manage these | ||||||
26 | investments when so requested by the Board of Trustees.
|
| |||||||
| |||||||
1 | (ii) The Board of Trustees shall establish and | ||||||
2 | maintain an appropriate funding reserve level which | ||||||
3 | shall not be less than the amount of incurred and | ||||||
4 | unreported claims plus 12 months of expected claims and | ||||||
5 | administrative expenses.
| ||||||
6 | (iii) The Board of Trustees shall make an annual | ||||||
7 | assessment of the funding levels of the Retiree Health | ||||||
8 | Care Trust and shall submit a report to the Auditor | ||||||
9 | General at least 90 days prior to the end of the fiscal | ||||||
10 | year. The report shall provide the following: | ||||||
11 | (A) the actuarial present value of projected | ||||||
12 | benefits expected to be paid to current and future | ||||||
13 | retirees and their dependents and survivors; | ||||||
14 | (B) the actuarial present value of projected | ||||||
15 | contributions and trust income plus assets; | ||||||
16 | (C) the reserve required by subsection | ||||||
17 | (b)(3)(ii); and | ||||||
18 | (D) an assessment of whether the actuarial | ||||||
19 | present value of projected benefits expected to be | ||||||
20 | paid to current and future retirees and their | ||||||
21 | dependents and survivors exceeds or is less than | ||||||
22 | the actuarial present value of projected | ||||||
23 | contributions and trust income plus assets in | ||||||
24 | excess of the reserve required by subsection | ||||||
25 | (b)(3)(ii). | ||||||
26 | If the actuarial present value of projected |
| |||||||
| |||||||
1 | benefits expected to be paid to current and future | ||||||
2 | retirees and their dependents and survivors exceeds | ||||||
3 | the actuarial present value of projected contributions | ||||||
4 | and trust income plus assets in excess of the reserve | ||||||
5 | required by subsection (b)(3)(ii), then the report | ||||||
6 | shall provide a plan of increases in employee, retiree, | ||||||
7 | dependent, or survivor contribution levels, decreases | ||||||
8 | in benefit levels, or both, which is projected to cure | ||||||
9 | the shortfall over a period of not more than 10 years. | ||||||
10 | If the actuarial present value of projected benefits | ||||||
11 | expected to be paid to current and future retirees and | ||||||
12 | their dependents and survivors is less than the | ||||||
13 | actuarial present value of projected contributions and | ||||||
14 | trust income plus assets in excess of the reserve | ||||||
15 | required by subsection (b)(3)(ii), then the report may | ||||||
16 | provide a plan of decreases in employee, retiree, | ||||||
17 | dependent, or survivor contribution levels, increases | ||||||
18 | in benefit levels, or both, to the extent of the | ||||||
19 | surplus. | ||||||
20 | (iv) The Auditor General shall review the report | ||||||
21 | and plan provided in subsection (b)(3)(iii) and issue a | ||||||
22 | determination within 90 days after receiving the | ||||||
23 | report and plan, with a copy of such determination | ||||||
24 | provided to the General Assembly and the Regional | ||||||
25 | Transportation Authority, as follows: | ||||||
26 | (A) In the event of a projected shortfall, if |
| |||||||
| |||||||
1 | the Auditor General determines that the | ||||||
2 | assumptions stated in the report are not | ||||||
3 | unreasonable in the aggregate and that the plan of | ||||||
4 | increases in employee, retiree, dependent, or | ||||||
5 | survivor contribution levels, decreases in benefit | ||||||
6 | levels, or both, is reasonably projected to cure | ||||||
7 | the shortfall over a period of not more than 10 | ||||||
8 | years, then the Board of Trustees shall implement | ||||||
9 | the plan. If the Auditor General determines that | ||||||
10 | the assumptions stated in the report are | ||||||
11 | unreasonable in the aggregate, or that the plan of | ||||||
12 | increases in employee, retiree, dependent, or | ||||||
13 | survivor contribution levels, decreases in benefit | ||||||
14 | levels, or both, is not reasonably projected to | ||||||
15 | cure the shortfall over a period of not more than | ||||||
16 | 10 years, then the Board of Trustees shall not | ||||||
17 | implement the plan, the Auditor General shall | ||||||
18 | explain the basis for such determination to the | ||||||
19 | Board of Trustees, and the Auditor General may make | ||||||
20 | recommendations as to an alternative report and | ||||||
21 | plan. | ||||||
22 | (B) In the event of a projected surplus, if the | ||||||
23 | Auditor General determines that the assumptions | ||||||
24 | stated in the report are not unreasonable in the | ||||||
25 | aggregate and that the plan of decreases in | ||||||
26 | employee, retiree, dependent, or survivor |
| |||||||
| |||||||
1 | contribution levels, increases in benefit levels, | ||||||
2 | or both, is not unreasonable in the aggregate, then | ||||||
3 | the Board of Trustees shall implement the plan. If | ||||||
4 | the Auditor General determines that the | ||||||
5 | assumptions stated in the report are unreasonable | ||||||
6 | in the aggregate, or that the plan of decreases in | ||||||
7 | employee, retiree, dependent, or survivor | ||||||
8 | contribution levels, increases in benefit levels, | ||||||
9 | or both, is unreasonable in the aggregate, then the | ||||||
10 | Board of Trustees shall not implement the plan, the | ||||||
11 | Auditor General shall explain the basis for such | ||||||
12 | determination to the Board of Trustees, and the | ||||||
13 | Auditor General may make recommendations as to an | ||||||
14 | alternative report and plan. | ||||||
15 | (C) The Board of Trustees shall submit an | ||||||
16 | alternative report and plan within 45 days after | ||||||
17 | receiving a rejection determination by the Auditor | ||||||
18 | General. A determination by the Auditor General on | ||||||
19 | any alternative report and plan submitted by the | ||||||
20 | Board of Trustees shall be made within 90 days | ||||||
21 | after receiving the alternative report and plan, | ||||||
22 | and shall be accepted or rejected according to the | ||||||
23 | requirements of this subsection (b)(3)(iv). The | ||||||
24 | Board of Trustees shall continue to submit | ||||||
25 | alternative reports and plans to the Auditor | ||||||
26 | General, as necessary, until a favorable |
| |||||||
| |||||||
1 | determination is made by the Auditor General.
| ||||||
2 | (4) For any retiree who first retires effective January | ||||||
3 | 1, 2008 or thereafter, to be eligible for retiree health | ||||||
4 | care benefits upon retirement, the retiree must be at least | ||||||
5 | 55 years of age, retire with 10 or more years of continuous | ||||||
6 | service and satisfy the preconditions established by this | ||||||
7 | amendatory Act in addition to any rules or regulations | ||||||
8 | promulgated by the Board of Trustees. This paragraph (4) | ||||||
9 | shall not apply to a disability allowance.
| ||||||
10 | (5) Effective July 1, 2008, the aggregate amount of | ||||||
11 | retiree, dependent and survivor contributions to the cost | ||||||
12 | of their health care benefits shall not exceed more than | ||||||
13 | 45% of the total cost of such benefits. The Board of | ||||||
14 | Trustees shall have the discretion to provide different | ||||||
15 | contribution levels for retirees, dependents and survivors | ||||||
16 | based on their years of service, level of coverage or | ||||||
17 | Medicare eligibility, provided that the total contribution | ||||||
18 | from all retirees, dependents, and survivors shall be not | ||||||
19 | more than 45% of the total cost of such benefits. The term | ||||||
20 | "total cost of such benefits" for purposes of this | ||||||
21 | subsection shall be the total amount expended by the | ||||||
22 | retiree health benefit program in the prior plan year, as | ||||||
23 | calculated and certified in writing by the Retiree Health | ||||||
24 | Care Trust's enrolled actuary to be appointed and paid for | ||||||
25 | by the Board of Trustees.
| ||||||
26 | (6) Effective January 1, 2008, all employees of the |
| |||||||
| |||||||
1 | Authority shall contribute to the Retiree Health Care Trust | ||||||
2 | in an amount not less than 3% of compensation.
| ||||||
3 | (7) No earlier than July 1, 2008 and no later than | ||||||
4 | January 1, 2009 as the Retiree Health Care Trust becomes | ||||||
5 | solely responsible for providing health care benefits to | ||||||
6 | eligible retirees and their dependents and survivors in | ||||||
7 | accordance with subsection (b) of this Section 22-101B, the | ||||||
8 | Authority shall not have any obligation to provide health | ||||||
9 | care to current or future retirees and their dependents or | ||||||
10 | survivors. Employees, retirees, dependents, and survivors | ||||||
11 | who are required to make contributions to the Retiree | ||||||
12 | Health Care Trust shall make contributions at the level set | ||||||
13 | by the Board of Trustees pursuant to the requirements of | ||||||
14 | this Section 22-101B.
| ||||||
15 | Section 15. The Metropolitan Transit Authority Act is | ||||||
16 | amended by changing Sections 15, 28a, 34, and 46 and by adding | ||||||
17 | Sections 12c and 50 as follows: | ||||||
18 | (70 ILCS 3605/12c new)
| ||||||
19 | Sec. 12c. Retiree Benefits Bonds and Notes. | ||||||
20 | (a) In addition to all other bonds or notes that it is | ||||||
21 | authorized to issue, the Authority is authorized to issue its | ||||||
22 | bonds or notes for the purposes of providing funds for the | ||||||
23 | Authority to make the deposits described in Section 12c(b)(1) | ||||||
24 | and (2), for refunding any bonds authorized to be issued under |
| |||||||
| |||||||
1 | this Section, as well as for the purposes of paying costs of | ||||||
2 | issuance, obtaining bond insurance or other credit enhancement | ||||||
3 | or liquidity facilities, paying costs of obtaining related | ||||||
4 | swaps as authorized in the Bond Authorization Act ("Swaps"), | ||||||
5 | providing a debt service reserve fund, paying Debt Service (as | ||||||
6 | defined in paragraph (i) of this Section 12c), and paying all | ||||||
7 | other costs related to any such bonds or notes. | ||||||
8 | (b)(1) After its receipt of a certified copy of a report of | ||||||
9 | the Auditor General of the State of Illinois meeting the | ||||||
10 | requirements of Section 3-2.3 of the Illinois State Auditing | ||||||
11 | Act, the Authority may issue $1,227,000,000 aggregate original | ||||||
12 | principal amount of bonds and notes. After payment of the costs | ||||||
13 | of issuance and necessary deposits to funds and accounts | ||||||
14 | established with respect to debt service, the net proceeds of | ||||||
15 | such bonds or notes shall be deposited only in the Retirement | ||||||
16 | Plan for Chicago Transit Authority Employees and used only for | ||||||
17 | the purposes required by Section 22-101 of the Illinois Pension | ||||||
18 | Code. Provided that no less than $1,000,000,000 has been | ||||||
19 | deposited in the Retirement Plan, remaining proceeds of bonds | ||||||
20 | issued under this subparagraph (b)(1) may be used to pay costs | ||||||
21 | of issuance and make necessary deposits to funds and accounts | ||||||
22 | with respect to debt service for bonds and notes issued under | ||||||
23 | this subparagraph or subparagraph (b)(2). | ||||||
24 | (2) After its receipt of a certified copy of a report of | ||||||
25 | the Auditor General of the State of Illinois meeting the | ||||||
26 | requirements of Section 3-2.3 of the Illinois State Auditing |
| |||||||
| |||||||
1 | Act, the Authority may issue $553,000,000 aggregate original | ||||||
2 | principal amount of bonds and notes. After payment of the costs | ||||||
3 | of issuance and necessary deposits to funds and accounts | ||||||
4 | established with respect to debt service, the net proceeds of | ||||||
5 | such bonds or notes shall be deposited only in the Retiree | ||||||
6 | Health Care Trust and used only for the purposes required by | ||||||
7 | Section 22-101B of the Illinois Pension Code. Provided that no | ||||||
8 | less than $450,000,000 has been deposited in the Retiree Health | ||||||
9 | Care Trust, remaining proceeds of bonds issued under this | ||||||
10 | subparagraph (b)(2) may be used to pay costs of issuance and | ||||||
11 | make necessary deposits to funds and accounts with respect to | ||||||
12 | debt service for bonds and notes issued under this subparagraph | ||||||
13 | or subparagraph (b)(1).
| ||||||
14 | (3) In addition, refunding bonds are authorized to be | ||||||
15 | issued for the purpose of refunding outstanding bonds or notes | ||||||
16 | issued under this Section 12c. | ||||||
17 | (4) The bonds or notes issued under 12c(b)(1) shall be | ||||||
18 | issued as soon as practicable after the Auditor General issues | ||||||
19 | the report provided in Section 3-2.3(b) of the Illinois State | ||||||
20 | Auditing Act. The bonds or notes issued under 12c(b)(2) shall | ||||||
21 | be issued as soon as practicable after the Auditor General | ||||||
22 | issues the report provided in Section 3-2.3(c) of the Illinois | ||||||
23 | State Auditing Act. | ||||||
24 | (5) With respect to bonds and notes issued under | ||||||
25 | subparagraph (b), scheduled aggregate annual payments of | ||||||
26 | interest or deposits into funds and accounts established for |
| |||||||
| |||||||
1 | the purpose of such payment shall commence within one year | ||||||
2 | after the bonds and notes are issued. With respect to principal | ||||||
3 | and interest, scheduled aggregate annual payments of principal | ||||||
4 | and interest or deposits into funds and accounts established | ||||||
5 | for the purpose of such payment shall be not less than 70% in | ||||||
6 | 2009, 80% in 2010, and 90% in 2011, respectively, of scheduled | ||||||
7 | payments or deposits of principal and interest in 2012 and | ||||||
8 | shall be substantially equal beginning in 2012 and each year | ||||||
9 | thereafter. For purposes of this subparagraph (b), | ||||||
10 | "substantially equal" means that debt service in any full year | ||||||
11 | after calendar year 2011 is not more than 115% of debt service | ||||||
12 | in any other full year after calendar year 2011 during the term | ||||||
13 | of the bonds or notes. For the purposes of this subsection (b), | ||||||
14 | with respect to bonds and notes that bear interest at a | ||||||
15 | variable rate, interest shall be assumed at a rate equal to the | ||||||
16 | rate for United States Treasury Securities - State and Local | ||||||
17 | Government Series for the same maturity, plus 75 basis points. | ||||||
18 | If the Authority enters into a Swap with a counterparty | ||||||
19 | requiring the Authority to pay a fixed interest rate on a | ||||||
20 | notional amount, and the Authority has made a determination | ||||||
21 | that such Swap was entered into for the purpose of providing | ||||||
22 | substitute interest payments for variable interest rate bonds | ||||||
23 | or notes of a particular maturity or maturities in a principal | ||||||
24 | amount equal to the notional amount of the Swap, then during | ||||||
25 | the term of the Swap for purposes of any calculation of | ||||||
26 | interest payable on such bonds or notes, the interest rate on |
| |||||||
| |||||||
1 | the bonds or notes of such maturity or maturities shall be | ||||||
2 | determined as if such bonds or notes bore interest at the fixed | ||||||
3 | interest rate payable by the Authority under such Swap. | ||||||
4 | (6) No bond or note issued under this Section 12c shall | ||||||
5 | mature later than December 31, 2039. | ||||||
6 | (c) The Chicago Transit Board shall provide for the | ||||||
7 | issuance of bonds or notes as authorized in this Section 12c by | ||||||
8 | the adoption of an ordinance. The ordinance, together with the | ||||||
9 | bonds or notes, shall constitute a contract among the | ||||||
10 | Authority, the owners from time to time of the bonds or notes, | ||||||
11 | any bond trustee with respect to the bonds or notes, any | ||||||
12 | related credit enhancer and any provider of any related Swaps. | ||||||
13 | (d) The Authority is authorized to cause the proceeds of | ||||||
14 | the bonds or notes, and any interest or investment earnings on | ||||||
15 | the bonds or notes, and of any Swaps, to be invested until the | ||||||
16 | proceeds and any interest or investment earnings have been | ||||||
17 | deposited with the Retirement Plan or the Retiree Health Care | ||||||
18 | Trust. | ||||||
19 | (e) Bonds or notes issued pursuant to this Section 12c may | ||||||
20 | be general obligations of the Authority, to which shall be | ||||||
21 | pledged the full faith and credit of the Authority, or may be | ||||||
22 | obligations payable solely from particular sources of funds all | ||||||
23 | as may be provided in the authorizing ordinance. The | ||||||
24 | authorizing ordinance for the bonds and notes, whether or not | ||||||
25 | general obligations of the Authority, may provide for the Debt | ||||||
26 | Service (as defined in paragraph (i) of this Section 12c) to |
| |||||||
| |||||||
1 | have a claim for payment from particular sources of funds, | ||||||
2 | including, without limitation, amounts to be paid to the | ||||||
3 | Authority or a bond trustee. The authorizing ordinance may | ||||||
4 | provide for the means by which the bonds or notes (and any | ||||||
5 | related Swaps) may be secured, which may include, a pledge of | ||||||
6 | any revenues or funds of the Authority from whatever source | ||||||
7 | which may by law be utilized for paying Debt Service. In | ||||||
8 | addition to any other security, upon the written approval of | ||||||
9 | the Regional Transportation Authority by the affirmative vote | ||||||
10 | of 12 of its then Directors, the ordinance may provide a | ||||||
11 | specific pledge or assignment of and lien on or security | ||||||
12 | interest in amounts to be paid to the Authority by the Regional | ||||||
13 | Transportation Authority and direct payment thereof to the bond | ||||||
14 | trustee for payment of Debt Service with respect to the bonds | ||||||
15 | or notes, subject to the provisions of existing lease | ||||||
16 | agreements of the Authority with any public building | ||||||
17 | commission. Any such pledge, assignment, lien or security | ||||||
18 | interest for the benefit of owners of bonds or notes shall be | ||||||
19 | valid and binding from the time the bonds or notes are issued, | ||||||
20 | without any physical delivery or further act, and shall be | ||||||
21 | valid and binding as against and prior to the claims of all | ||||||
22 | other parties having claims of any kind against the Authority | ||||||
23 | or any other person, irrespective of whether such other parties | ||||||
24 | have notice of such pledge, assignment, lien or security | ||||||
25 | interest, all as provided in the Local Government Debt Reform | ||||||
26 | Act, as it may be amended from time to time. The bonds or notes |
| |||||||
| |||||||
1 | of the Authority issued pursuant to this Section 12c shall have | ||||||
2 | such priority of payment and as to their claim for payment from | ||||||
3 | particular sources of funds, including their priority with | ||||||
4 | respect to obligations of the Authority issued under other | ||||||
5 | Sections of this Act, all as shall be provided in the | ||||||
6 | ordinances authorizing the issuance of the bonds or notes. The | ||||||
7 | ordinance authorizing the issuance of any bonds or notes under | ||||||
8 | this Section may provide for the creation of, deposits in, and | ||||||
9 | regulation and disposition of sinking fund or reserve accounts | ||||||
10 | relating to those bonds or notes and related agreements. The | ||||||
11 | ordinance authorizing the issuance of any such bonds or notes | ||||||
12 | authorized under this Section 12c may contain provisions for | ||||||
13 | the creation of a separate fund to provide for the payment of | ||||||
14 | principal of and interest on those bonds or notes and related | ||||||
15 | agreements. The ordinance may also provide limitations on the | ||||||
16 | issuance of additional bonds or notes of the Authority. | ||||||
17 | (f) Bonds or notes issued under this Section 12c shall not | ||||||
18 | constitute an indebtedness of the Regional Transportation | ||||||
19 | Authority, the State of Illinois, or of any other political | ||||||
20 | subdivision of or municipality within the State, except the | ||||||
21 | Authority. | ||||||
22 | (g) The ordinance of the Chicago Transit Board authorizing | ||||||
23 | the issuance of bonds or notes pursuant to this Section 12c may | ||||||
24 | provide for the appointment of a corporate trustee (which may | ||||||
25 | be any trust company or bank having the powers of a trust | ||||||
26 | company within Illinois) with respect to bonds or notes issued |
| |||||||
| |||||||
1 | pursuant to this Section 12c. The ordinance shall prescribe the | ||||||
2 | rights, duties, and powers of the trustee to be exercised for | ||||||
3 | the benefit of the Authority and the protection of the owners | ||||||
4 | of bonds or notes issued pursuant to this Section 12c. The | ||||||
5 | ordinance may provide for the trustee to hold in trust, invest | ||||||
6 | and use amounts in funds and accounts created as provided by | ||||||
7 | the ordinance with respect to the bonds or notes in accordance | ||||||
8 | with this Section 12c. The Authority may apply, as it shall | ||||||
9 | determine, any amounts received upon the sale of the bonds or | ||||||
10 | notes to pay any Debt Service on the bonds or notes. The | ||||||
11 | ordinance may provide for a trust indenture to set forth terms | ||||||
12 | of, sources of payment for and security for the bonds and | ||||||
13 | notes. | ||||||
14 | (h) The State of Illinois pledges to and agrees with the | ||||||
15 | owners of the bonds or notes issued pursuant to Section 12c | ||||||
16 | that the State of Illinois will not limit the powers vested in | ||||||
17 | the Authority by this Act to pledge and assign its revenues and | ||||||
18 | funds as security for the payment of the bonds or notes, or | ||||||
19 | vested in the Regional Transportation Authority by the Regional | ||||||
20 | Transportation Authority Act or this Act, so as to materially | ||||||
21 | impair the payment obligations of the Authority under the terms | ||||||
22 | of any contract made by the Authority with those owners or to | ||||||
23 | materially impair the rights and remedies of those owners until | ||||||
24 | those bonds or notes, together with interest and any redemption | ||||||
25 | premium, and all costs and expenses in connection with any | ||||||
26 | action or proceedings by or on behalf of such owners are fully |
| |||||||
| |||||||
1 | met and discharged. The Authority is authorized to include | ||||||
2 | these pledges and agreements of the State of Illinois in any | ||||||
3 | contract with owners of bonds or notes issued pursuant to this | ||||||
4 | Section 12c. | ||||||
5 | (i) For purposes of this Section, "Debt Service" with | ||||||
6 | respect to bonds or notes includes, without limitation, | ||||||
7 | principal (at maturity or upon mandatory redemption), | ||||||
8 | redemption premium, interest, periodic, upfront, and | ||||||
9 | termination payments on Swaps, fees for bond insurance or other | ||||||
10 | credit enhancement, liquidity facilities, the funding of bond | ||||||
11 | or note reserves, bond trustee fees, and all other costs of | ||||||
12 | providing for the security or payment of the bonds or notes. | ||||||
13 | (j) The Authority shall adopt a procurement program with | ||||||
14 | respect to contracts relating to the following service | ||||||
15 | providers in connection with the issuance of debt for the | ||||||
16 | benefit of the Retirement Plan for Chicago Transit Authority | ||||||
17 | Employees: underwriters, bond counsel, financial advisors, and | ||||||
18 | accountants. The program shall include goals for the payment of | ||||||
19 | not less than 30% of the total dollar value of the fees from | ||||||
20 | these contracts to minority owned businesses and female owned | ||||||
21 | businesses as defined in the Business Enterprise for | ||||||
22 | Minorities, Females, and Persons with Disabilities Act. The | ||||||
23 | Authority shall conduct outreach to minority owned businesses | ||||||
24 | and female owned businesses. Outreach shall include, but is not | ||||||
25 | limited to, advertisements in periodicals and newspapers, | ||||||
26 | mailings, and other appropriate media. The Authority shall |
| |||||||
| |||||||
1 | submit to the General Assembly a comprehensive report that | ||||||
2 | shall include, at a minimum, the details of the procurement | ||||||
3 | plan, outreach efforts, and the results of the efforts to | ||||||
4 | achieve goals for the payment of fees. The service providers | ||||||
5 | selected by the Authority pursuant to such program shall not be | ||||||
6 | subject to approval by the Regional Transportation Authority, | ||||||
7 | and the Regional Transportation Authority's approval pursuant | ||||||
8 | to subsection (e) of this Section 12c related to the issuance | ||||||
9 | of debt shall not be based in any way on the service providers | ||||||
10 | selected by the Authority pursuant to this Section. | ||||||
11 | (k) No person holding an elective office in this State, | ||||||
12 | holding a seat in the General Assembly, serving as a director, | ||||||
13 | trustee, officer, or employee of the Regional Transportation | ||||||
14 | Authority or the Chicago Transit Authority, including the | ||||||
15 | spouse or minor child of that person, may receive a legal, | ||||||
16 | banking, consulting, or other fee related to the issuance of | ||||||
17 | any bond issued by the Chicago Transit Authority pursuant to | ||||||
18 | this Section.
| ||||||
19 | (70 ILCS 3605/15) (from Ch. 111 2/3, par. 315)
| ||||||
20 | Sec. 15. The Authority shall have power to apply for and | ||||||
21 | accept grants and
loans from the Federal Government or any | ||||||
22 | agency or instrumentality thereof , from the State, or from any | ||||||
23 | county, municipal corporation or other political subdivision | ||||||
24 | of the State
to be used for any of the purposes of the | ||||||
25 | Authority, including, but not by
way of limitation, grants and |
| |||||||
| |||||||
1 | loans in aid of mass transportation and for
studies in mass | ||||||
2 | transportation, and may provide matching funds when
necessary | ||||||
3 | to qualify for such grants or loans. The Authority may enter | ||||||
4 | into
any agreement with the Federal Government , the State, and | ||||||
5 | any county, municipal corporation or other political | ||||||
6 | subdivision of the State in relation to such grants or
loans; | ||||||
7 | provided that such agreement does not conflict with any of the
| ||||||
8 | provisions of any trust agreement securing the payment of bonds | ||||||
9 | or
certificates of the Authority.
| ||||||
10 | The Authority may also accept from the state, or from any | ||||||
11 | county or
other political subdivision, or from any municipal | ||||||
12 | corporation, or school
district, or school authorities, grants | ||||||
13 | or other funds authorized by law to
be paid to the Authority | ||||||
14 | for any of the purposes of this Act.
| ||||||
15 | (Source: Laws 1961, p. 3135.)
| ||||||
16 | (70 ILCS 3605/28a) (from Ch. 111 2/3, par. 328a)
| ||||||
17 | Sec. 28a. (a) The Board may deal with and enter into | ||||||
18 | written contracts with the
employees of the Authority through | ||||||
19 | accredited representatives of such
employees or | ||||||
20 | representatives of any labor organization authorized to act
for | ||||||
21 | such employees, concerning wages, salaries, hours, working | ||||||
22 | conditions
and pension or retirement provisions; provided, | ||||||
23 | nothing herein shall be
construed to permit hours of labor in | ||||||
24 | excess of those provided by law or to
permit working conditions | ||||||
25 | prohibited by law. In case of dispute over wages,
salaries, |
| |||||||
| |||||||
1 | hours, working conditions, or pension or retirement provisions
| ||||||
2 | the Board may arbitrate any question or questions and may agree | ||||||
3 | with such
accredited representatives or labor organization | ||||||
4 | that the decision of a
majority of any arbitration board shall | ||||||
5 | be final, provided each party shall
agree in advance to pay | ||||||
6 | half of the expense of such arbitration.
| ||||||
7 | No contract or agreement shall be made with any labor | ||||||
8 | organization,
association, group or individual for the | ||||||
9 | employment of members of such
organization, association, group | ||||||
10 | or individual for the construction,
improvement, maintenance, | ||||||
11 | operation or administration of any property,
plant or | ||||||
12 | facilities under the jurisdiction of the Authority, where such
| ||||||
13 | organization, association, group or individual denies on the | ||||||
14 | ground of
race, creed, color, sex, religion, physical or mental | ||||||
15 | handicap unrelated
to ability, or national origin membership | ||||||
16 | and equal opportunities for employment to
any citizen of | ||||||
17 | Illinois.
| ||||||
18 | (b)(1) The provisions of this paragraph (b) apply to | ||||||
19 | collective bargaining
agreements (including extensions and | ||||||
20 | amendments of existing agreements)
entered into on or after | ||||||
21 | January 1, 1984.
| ||||||
22 | (2) The Board shall deal with and enter into written | ||||||
23 | contracts with their
employees, through accredited | ||||||
24 | representatives of such employees authorized
to act for such | ||||||
25 | employees concerning wages, salaries, hours, working | ||||||
26 | conditions,
and pension or retirement provisions about which a |
| |||||||
| |||||||
1 | collective bargaining
agreement has been entered prior to the | ||||||
2 | effective date of this amendatory
Act of 1983. Any such | ||||||
3 | agreement of the Authority shall provide that the
agreement may | ||||||
4 | be reopened if the amended budget submitted pursuant to Section
| ||||||
5 | 2.18a of the Regional Transportation Authority Act is not | ||||||
6 | approved by the
Board of the Regional Transportation Authority. | ||||||
7 | The agreement may not include
a provision requiring the payment | ||||||
8 | of
wage increases based on changes in the Consumer Price Index.
| ||||||
9 | The Board shall not have the authority to enter into collective
| ||||||
10 | bargaining agreements with respect to inherent management | ||||||
11 | rights, which
include such areas of discretion or policy as the | ||||||
12 | functions of the employer,
standards of services, its overall | ||||||
13 | budget, the organizational structure
and selection of new | ||||||
14 | employees and direction of personnel. Employers, however,
| ||||||
15 | shall be required to bargain collectively with regard to policy | ||||||
16 | matters
directly affecting wages, hours and terms and | ||||||
17 | conditions of employment,
as well as the impact thereon upon | ||||||
18 | request by employee representatives.
To preserve the rights of | ||||||
19 | employers and exclusive representatives which
have established | ||||||
20 | collective bargaining relationships or negotiated collective
| ||||||
21 | bargaining agreements prior to the effective date of this | ||||||
22 | amendatory Act
of 1983, employers shall be required to bargain | ||||||
23 | collectively with regard
to any matter concerning wages, hours | ||||||
24 | or conditions of employment about
which they have bargained | ||||||
25 | prior to the effective date of this amendatory Act of 1983.
| ||||||
26 | (3) The collective bargaining agreement may not include a |
| |||||||
| |||||||
1 | prohibition
on the use of part-time operators on any service | ||||||
2 | operated by or funded by
the Board, except where prohibited by | ||||||
3 | federal law.
| ||||||
4 | (4) Within 30 days of the signing of any such collective | ||||||
5 | bargaining agreement,
the Board shall determine the costs of | ||||||
6 | each provision of the agreement,
prepare an amended
budget | ||||||
7 | incorporating the costs of the agreement, and present the | ||||||
8 | amended
budget to the Board of the Regional Transportation | ||||||
9 | Authority for its approval
under Section 4.11 of the Regional | ||||||
10 | Transportation Act. The Board of the
Regional Transportation | ||||||
11 | Authority may approve the amended budget by an affirmative
vote | ||||||
12 | of 12
two-thirds of its then Directors.
If the budget is not | ||||||
13 | approved by the Board of the Regional Transportation
Authority, | ||||||
14 | the agreement may
be reopened and its terms may be | ||||||
15 | renegotiated. Any amended budget which
may be prepared | ||||||
16 | following renegotiation shall be presented to the Board of
the | ||||||
17 | Regional Transportation Authority for its approval in like | ||||||
18 | manner.
| ||||||
19 | (Source: P.A. 83-886.)
| ||||||
20 | (70 ILCS 3605/34) (from Ch. 111 2/3, par. 334)
| ||||||
21 | Sec. 34. Budget and Program. The Authority, subject to the | ||||||
22 | powers of the
Regional Transportation Authority in Section 4.11 | ||||||
23 | of the Regional
Transportation Authority Act, shall control the | ||||||
24 | finances of the Authority. It
shall by ordinance appropriate | ||||||
25 | money to perform the Authority's purposes and
provide for |
| |||||||
| |||||||
1 | payment of debts and expenses of the Authority. Each year the
| ||||||
2 | Authority shall prepare and publish a comprehensive annual | ||||||
3 | budget and five-year capital program
document, and a financial | ||||||
4 | plan for the 2 years thereafter describing the state
of the | ||||||
5 | Authority and presenting for the forthcoming fiscal year and | ||||||
6 | the two
following years the Authority's plans for such | ||||||
7 | operations and capital
expenditures as it intends to undertake | ||||||
8 | and the means by which it intends to
finance them. The proposed | ||||||
9 | budget ,
and financial plan , and five-year capital program shall | ||||||
10 | be based on the
Regional Transportation Authority's estimate of | ||||||
11 | funds to be made available to
the Authority by or through the | ||||||
12 | Regional Transportation Authority and shall
conform in all | ||||||
13 | respects to the requirements established by the Regional
| ||||||
14 | Transportation Authority. The proposed program and budget , | ||||||
15 | financial plan, and five-year capital program shall contain a
| ||||||
16 | statement of the funds estimated to be on hand at the beginning | ||||||
17 | of the fiscal
year, the funds estimated to be received from all | ||||||
18 | sources for such year and the
funds estimated to be on hand at | ||||||
19 | the end of such year. After adoption of the
Regional | ||||||
20 | Transportation Authority's first Five-Year Program, as | ||||||
21 | provided in
Section 2.01 of the Regional Transportation | ||||||
22 | Authority Act, the proposed program
and budget shall | ||||||
23 | specifically identify any respect in which the recommended
| ||||||
24 | program deviates from the Regional Transportation Authority's | ||||||
25 | then existing
Five-Year Program, giving the reasons for such | ||||||
26 | deviation. The proposed program
and budget , financial plan, and |
| |||||||
| |||||||
1 | five-year capital program shall be available at no cost for | ||||||
2 | public inspection at the
Authority's main office and at the | ||||||
3 | Regional Transportation Authority's main
office at least 3 | ||||||
4 | weeks prior to any public hearing. Before the proposed budget ,
| ||||||
5 | and program and financial plan , and five-year capital program
| ||||||
6 | are submitted to the Regional Transportation
Authority, the | ||||||
7 | Authority shall hold at least one public hearing thereon in | ||||||
8 | each
of the counties in which the Authority provides service. | ||||||
9 | All Board members of
the Authority shall attend a majority of | ||||||
10 | the public hearings unless reasonable
cause is given for their | ||||||
11 | absence. After the public hearings, the Board of the
Authority | ||||||
12 | shall hold at least one meeting for consideration of the | ||||||
13 | proposed
program and budget with the Cook County Board. After | ||||||
14 | conducting such hearings
and holding such meetings and after | ||||||
15 | making such changes in the proposed program
and budget , | ||||||
16 | financial plan, and five-year capital program as the Board | ||||||
17 | deems appropriate, it shall adopt an annual budget
ordinance at | ||||||
18 | least by November 15th preceding the beginning of each fiscal
| ||||||
19 | year. The budget ,
and program, and financial plan , and | ||||||
20 | five-year capital program shall then be submitted to
the | ||||||
21 | Regional Transportation Authority as provided in Section 4.11 | ||||||
22 | of the
Regional Transportation Authority Act. In the event that | ||||||
23 | the Board of the
Regional Transportation Authority determines | ||||||
24 | that the budget ,
and program, and
financial plan , and five-year | ||||||
25 | capital program do not meet the standards of said Section 4.11, | ||||||
26 | the Board of the
Authority shall make such changes as are |
| |||||||
| |||||||
1 | necessary to meet such requirements
and adopt an amended budget | ||||||
2 | ordinance. The amended budget ordinance shall be
resubmitted to | ||||||
3 | the Regional Transportation Authority pursuant to said Section
| ||||||
4 | 4.11. The ordinance shall appropriate such sums of money as are | ||||||
5 | deemed
necessary to defray all necessary expenses and | ||||||
6 | obligations of the Authority,
specifying purposes and the | ||||||
7 | objects or programs for which appropriations are
made and the | ||||||
8 | amount appropriated for each object or program.
Additional | ||||||
9 | appropriations, transfers between items and other changes in
| ||||||
10 | such ordinance which do not alter the basis upon which the | ||||||
11 | balanced budget
determination was made by the Regional | ||||||
12 | Transportation Authority may be made
from time to time by the | ||||||
13 | Board.
| ||||||
14 | The budget shall:
| ||||||
15 | (i) show a balance between (A) anticipated revenues | ||||||
16 | from all sources
including operating subsidies and (B) the | ||||||
17 | costs of providing the services
specified and of funding | ||||||
18 | any operating deficits or encumbrances incurred in
prior | ||||||
19 | periods, including provision for payment when due of | ||||||
20 | principal and
interest on outstanding indebtedness;
| ||||||
21 | (ii) show cash balances including the proceeds of any | ||||||
22 | anticipated cash
flow borrowing sufficient to pay with | ||||||
23 | reasonable promptness all costs and
expenses as incurred;
| ||||||
24 | (iii) provide for a level of fares or charges and | ||||||
25 | operating or
administrative costs for the public | ||||||
26 | transportation provided by or subject to
the jurisdiction |
| |||||||
| |||||||
1 | of the Board sufficient to allow the Board to meet its
| ||||||
2 | required system generated revenue recovery ratio as | ||||||
3 | determined in accordance
with subsection (a) of Section | ||||||
4 | 4.11 of the Regional Transportation Authority
Act;
| ||||||
5 | (iv) be based upon and employ assumptions and | ||||||
6 | projections which are
reasonable and prudent;
| ||||||
7 | (v) have been prepared in accordance with sound | ||||||
8 | financial practices as
determined by the Board of the | ||||||
9 | Regional Transportation Authority; and
| ||||||
10 | (vi) meet such other financial, budgetary, or fiscal | ||||||
11 | requirements that
the Board of the Regional Transportation | ||||||
12 | Authority may by rule or regulation
establish ; and
.
| ||||||
13 | (vii) be consistent with the goals and objectives | ||||||
14 | adopted by the Regional Transportation Authority in the | ||||||
15 | Strategic Plan.
| ||||||
16 | The Board shall establish a fiscal operating year. At least | ||||||
17 | thirty
days prior to the beginning of the first full fiscal | ||||||
18 | year after the
creation of the Authority, and annually | ||||||
19 | thereafter, the Board shall cause
to be prepared a tentative | ||||||
20 | budget which shall include all operation and
maintenance | ||||||
21 | expense for the ensuing fiscal year. The tentative budget shall
| ||||||
22 | be considered by the Board and, subject to any revision and | ||||||
23 | amendments as
may be determined, shall be adopted prior to the | ||||||
24 | first day of the ensuing
fiscal year as the budget for that | ||||||
25 | year. No expenditures for operations and
maintenance in excess | ||||||
26 | of the budget shall be made during any fiscal year
except by |
| |||||||
| |||||||
1 | the affirmative vote of at least five members of the Board. It
| ||||||
2 | shall not be necessary to include in the annual budget any | ||||||
3 | statement of
necessary expenditures for pensions or retirement | ||||||
4 | annuities, or for
interest or principal payments on bonds or | ||||||
5 | certificates, or for capital
outlays, but it shall be the duty | ||||||
6 | of the Board to make provision for
payment of same from | ||||||
7 | appropriate funds. The Board may not alter its fiscal year
| ||||||
8 | without the prior approval of the Board of the Regional | ||||||
9 | Transportation
Authority.
| ||||||
10 | (Source: P.A. 87-1249.)
| ||||||
11 | (70 ILCS 3605/46) (from Ch. 111 2/3, par. 346)
| ||||||
12 | Sec. 46. Citizens Advisory Board. The Board shall establish | ||||||
13 | a citizens
advisory board composed of 11 residents of those | ||||||
14 | portions of the metropolitan
region in which the Authority | ||||||
15 | provides service who have an interest in public
transportation, | ||||||
16 | one of whom shall be at least 65 years of age. The members
of | ||||||
17 | the advisory board shall be named for 2 year terms, shall | ||||||
18 | select one of
their members to serve as chairman and shall | ||||||
19 | serve without compensation.
The citizens advisory board shall | ||||||
20 | meet with Board at least quarterly and
advise the Board of the | ||||||
21 | impact of its policies and programs on the
communities it | ||||||
22 | serves. Appointments to the citizens advisory board should, to | ||||||
23 | the greatest extent possible, reflect the ethnic, cultural, and | ||||||
24 | geographic diversity of all persons residing within the | ||||||
25 | metropolitan region in which the Authority provides service.
|
| |||||||
| |||||||
1 | (Source: P.A. 87-226.)
| ||||||
2 | (70 ILCS 3605/50 new)
| ||||||
3 | Sec. 50. Disadvantaged Business Enterprise Contracting and | ||||||
4 | Equal Employment Opportunity Programs. The Authority shall, as | ||||||
5 | soon as is practicable but in no event later than two years | ||||||
6 | after the effective date of this amendatory Act of the 95th | ||||||
7 | General Assembly, establish and maintain a disadvantaged | ||||||
8 | business enterprise contracting program designed to ensure | ||||||
9 | non-discrimination in the award and administration of | ||||||
10 | contracts not covered under a federally mandated disadvantaged | ||||||
11 | business enterprise program. The program shall establish | ||||||
12 | narrowly tailored goals for the participation of disadvantaged | ||||||
13 | business enterprises as the Authority determines appropriate. | ||||||
14 | The goals shall be based on demonstrable evidence of the | ||||||
15 | availability of ready, willing, and able disadvantaged | ||||||
16 | business enterprises relative to all businesses ready, | ||||||
17 | willing, and able to participate on the program's contracts. | ||||||
18 | The program shall require the Authority to monitor the progress | ||||||
19 | of the contractors' obligations with respect to the program's | ||||||
20 | goals. Nothing in this program shall conflict with or interfere | ||||||
21 | with the maintenance or operation of, or compliance with, any | ||||||
22 | federally mandated disadvantaged business enterprise program.
| ||||||
23 | The Authority shall establish and maintain a program | ||||||
24 | designed to promote equal employment opportunity. Each year, no | ||||||
25 | later than October 1, the Authority shall report to the General |
| |||||||
| |||||||
1 | Assembly on the number of employees of the Authority and the | ||||||
2 | number of employees who have designated themselves as members | ||||||
3 | of a minority group and gender.
| ||||||
4 | Each year no later than October 1, and starting no later | ||||||
5 | than the October 1 after the establishment of the disadvantaged | ||||||
6 | business enterprise contracting program, the Authority shall | ||||||
7 | submit a report with respect to such program to the General | ||||||
8 | Assembly. In addition, no later than October 1 of each year, | ||||||
9 | the Authority shall submit a copy of its federally mandated | ||||||
10 | semi-annual Uniform Report of Disadvantaged Business | ||||||
11 | Enterprises Awards or Commitments and Payments to the General | ||||||
12 | Assembly.
| ||||||
13 | Section 17. The Local Mass Transit District Act is amended | ||||||
14 | by changing Section 3.1 as follows:
| ||||||
15 | (70 ILCS 3610/3.1) (from Ch. 111 2/3, par. 353.1)
| ||||||
16 | Sec. 3.1. Also in the manner provided in this Act as | ||||||
17 | amended, a
"Local Mass Transit District" may be created with | ||||||
18 | boundary to enclose a
unit area of contiguous land, to be known | ||||||
19 | as the "participating area".
Such a "participating area" may be | ||||||
20 | organized as a district under this
Act without regard to | ||||||
21 | boundaries of counties or other political
subdivisions or | ||||||
22 | municipal corporations.
| ||||||
23 | (a) Any 500 or more legal voters who are residents within | ||||||
24 | such
"participating area" may file a petition in the circuit |
| |||||||
| |||||||
1 | court of the
county where the proposed district or a major part | ||||||
2 | thereof is located,
asking that the question of creating such | ||||||
3 | district be submitted under
this Act by referendum to the | ||||||
4 | voters residing within the proposed
district. By their power of | ||||||
5 | attorney signed by them and filed in the
cause the petitioners | ||||||
6 | may authorize a committee of their number named by
the | ||||||
7 | petitioners, to conduct and pursue the cause for them to a
| ||||||
8 | conclusion. Such petition shall define the boundaries of the | ||||||
9 | proposed
district, shall indicate distances to nearest mass | ||||||
10 | transportation lines
in each direction, naming them, shall have | ||||||
11 | attached a fair map of the
proposed district, and shall suggest | ||||||
12 | a name for the proposed district.
| ||||||
13 | (b) The circuit clerk shall present to the circuit judge | ||||||
14 | any
petition so filed in the court. The judge shall enter an | ||||||
15 | order of
record to set a date, hour and place for judicial | ||||||
16 | hearing on the
petition. That order shall include instructions | ||||||
17 | to the circuit clerk to
give notice by newspaper publication to | ||||||
18 | be made and completed at least
20 days before the hearing is to | ||||||
19 | be held, in 2 or more newspapers
published or circulating | ||||||
20 | generally among the people residing within the
proposed | ||||||
21 | district. The circuit clerk shall prepare that notice and
cause | ||||||
22 | such publication notice to be given as directed.
| ||||||
23 | (c) After proof of such newspaper publication of notice has | ||||||
24 | been
made and filed in the cause and shown to the court in full | ||||||
25 | accord with
the prior order, the circuit judge shall hear all | ||||||
26 | persons who attend and
so request, as to location and boundary |
| |||||||
| |||||||
1 | and name for the proposed
district. After the hearing on such | ||||||
2 | petition is completed, the circuit
court by an order of record, | ||||||
3 | shall determine and establish the location,
name and boundary | ||||||
4 | for such proposed district, and shall order the proposition
| ||||||
5 | submitted at an election in accordance with the general | ||||||
6 | election law
to the voters resident within such proposed | ||||||
7 | district. The circuit clerk
shall certify the proposition to | ||||||
8 | the proper election officials who shall
submit the proposition | ||||||
9 | in accordance with the general election law.
| ||||||
10 | (d) The county clerk shall canvass the ballots and other | ||||||
11 | returns from
such referendum, and prepare a full certification | ||||||
12 | of the result and shall
file same in the cause pending in the | ||||||
13 | circuit court. When the vote is in
favor of the creation of | ||||||
14 | such district as determined by the court order, a
true map of | ||||||
15 | such district shall be filed with such report in the circuit | ||||||
16 | court.
| ||||||
17 | (e) When the vote is in favor of creation of such district, | ||||||
18 | the
circuit court by an order of record shall confirm the | ||||||
19 | result of election.
If the district is wholly contained within | ||||||
20 | a
single county the presiding officer of the county board with | ||||||
21 | the advice
and consent of the county board shall appoint 5 | ||||||
22 | trustees, not more than
3 of whom shall be affiliated with the | ||||||
23 | same political party, to govern
the district and serve one each | ||||||
24 | for 1, 2, 3, 4 and 5 years respectively;
upon the expiration of | ||||||
25 | the term of a trustee who is in office on the
effective date of | ||||||
26 | this amendatory Act of 1989, the successor shall, at the
time |
| |||||||
| |||||||
1 | of the appointment, and thereafter at all times while serving | ||||||
2 | as
trustee, be a resident of the Mass Transit District for | ||||||
3 | which such person
is appointed as trustee. If a trustee removes | ||||||
4 | his residence to a place
outside of the District, a trustee | ||||||
5 | shall be appointed in the same manner as
herein provided to | ||||||
6 | take the place of the trustee who so removed his residence.
If | ||||||
7 | however the district is located in more than one county, the | ||||||
8 | number
of trustees who are residents of a county shall be in | ||||||
9 | proportion, as
nearly as practicable, to the number of | ||||||
10 | residents of the district who
reside in that county in relation | ||||||
11 | to the total population of the
district.
| ||||||
12 | Upon the expiration of the term of a trustee who is in | ||||||
13 | office on the
effective date of this amendatory Act of 1975, | ||||||
14 | the successor shall be a
resident of whichever county is | ||||||
15 | entitled to such representation in order
to bring about the | ||||||
16 | proportional representation required herein, and he
shall be | ||||||
17 | appointed by the county board of that county, or in the case of
| ||||||
18 | a home rule county as defined by Article VII, Section 6 of the
| ||||||
19 | Constitution of 1970, the chief executive officer of that | ||||||
20 | county, with
the advice and consent of the county board in | ||||||
21 | accordance with the
provisions previously enumerated. | ||||||
22 | Successors shall serve 5 year
overlapping terms.
| ||||||
23 | Thereafter, each trustee shall be succeeded by a resident | ||||||
24 | of the same
county who shall be appointed by the same | ||||||
25 | appointing authority; however,
the provisions of the preceding | ||||||
26 | paragraph shall apply to the appointment
of the successor to |
| |||||||
| |||||||
1 | each trustee who is in office at the time of the
publication of | ||||||
2 | each decennial Federal census of population.
| ||||||
3 | (f) Upon the creation of such district, the circuit clerk | ||||||
4 | shall
prepare and certify a copy of the final court order | ||||||
5 | confirming the
referendum creating the district, and a | ||||||
6 | duplicate of the map of such
district, from the record of the | ||||||
7 | circuit court, and shall file the same
with the county clerk | ||||||
8 | for recording in his office as "Certificate of
Incorporation" | ||||||
9 | for the district. The county clerk shall cause a
duplicate of | ||||||
10 | such "Certificate of Incorporation" to be filed in the
office | ||||||
11 | of the Secretary of State of Illinois.
| ||||||
12 | (g) The Board of Trustees of such "Local Mass Transit | ||||||
13 | District"
shall have and exercise all the powers and shall | ||||||
14 | perform all the duties
of any Board of Trustees of any district | ||||||
15 | created under this Act, as now
or hereafter amended.
| ||||||
16 | (h) The circuit court shall require the petitioners to post | ||||||
17 | a surety
bond for the payment of all costs and expenses of such | ||||||
18 | proceeding and
such referendum. When a district is created, the | ||||||
19 | circuit court shall
order the district to pay or reimburse | ||||||
20 | others for all such costs and
expenses. The surety bond shall | ||||||
21 | not be released until complete receipts
for all such costs and | ||||||
22 | expenses have been filed in the cause and fully
audited by the | ||||||
23 | circuit and county clerks.
| ||||||
24 | (i) If the District is wholly contained within a single | ||||||
25 | county, the
County Board of such county may, by resolution, | ||||||
26 | provide that, effective
upon the next appointment of a Trustee, |
| |||||||
| |||||||
1 | after the effective date of this
amendatory Act of 1989, that | ||||||
2 | the Board of Trustees of such Mass Transit
District shall be | ||||||
3 | comprised of 7 Trustees, with no more than 4 members of
the | ||||||
4 | same political party. This Subsection shall not apply to any | ||||||
5 | Mass
Transit District in the State which receives funding in | ||||||
6 | whole or in part
from the Regional Transportation Authority or | ||||||
7 | any of its service boards.
| ||||||
8 | (j) The Board of a district that is in existence on the | ||||||
9 | effective date of this amendatory Act of the 95th General | ||||||
10 | Assembly and whose participating area: (i) is entirely within a | ||||||
11 | single county; and (ii) when created, was defined by township | ||||||
12 | boundaries may, by an ordinance adopted by the affirmative vote | ||||||
13 | of a majority of the members of the Board and approved by | ||||||
14 | referendum, provide that the participating area of the district | ||||||
15 | be coterminous and expand with the boundaries of the townships | ||||||
16 | that originally established the district's participating area. | ||||||
17 | The ordinance shall not be effective
until it has been | ||||||
18 | submitted by referendum to, and approved by, the legal
voters | ||||||
19 | of the district and the area within the township that is not | ||||||
20 | within the district. The
Board shall certify its ordinance and | ||||||
21 | the proposition to the proper election
officials, who shall | ||||||
22 | submit the question to the voters at the next election in
| ||||||
23 | accordance with the general election law. The proposition shall | ||||||
24 | be in substantially the following
form: | ||||||
25 | "Shall the boundaries of (local mass transit district) | ||||||
26 | be coterminous and expand with the boundaries of |
| |||||||
| |||||||
1 | (townships)?" | ||||||
2 | Votes shall be recorded as "Yes" or "No". If a majority of | ||||||
3 | the electors voting on the question vote in the affirmative, | ||||||
4 | then the district shall be entitled to make its boundaries | ||||||
5 | coterminous with the boundaries of the townships regardless of | ||||||
6 | when the district was formed. The district's boundaries shall | ||||||
7 | encompass all areas located within the townships at the time | ||||||
8 | the ordinance becomes effective and all areas that become part | ||||||
9 | of the townships at a future date. Nothing in this subsection | ||||||
10 | shall allow expansion of a district into an area that is | ||||||
11 | already a part of another local mass transit district. | ||||||
12 | (Source: P.A. 86-472.)
| ||||||
13 | Section 20. The Regional Transportation Authority Act is | ||||||
14 | amended by changing Sections 1.02, 2.01, 2.04, 2.05, 2.09, | ||||||
15 | 2.12, 2.14, 2.18a, 2.30, 3.01, 3.03, 3.04, 3.05, 3A.10, 3A.11, | ||||||
16 | 3A.14, 3B.02, 3B.03, 3B.05, 3B.07, 3B.09, 3B.10, 3B.11, 3B.12, | ||||||
17 | 3B.13, 4.01, 4.02, 4.02a, 4.02b, 4.03, 4.04, 4.09, 4.11, 4.13, | ||||||
18 | 4.14, and 5.01 and by adding Section 2.01a, 2.01b, 2.01c, | ||||||
19 | 2.01d, 2.01e, 2.12b, 2.31, and 4.03.3 as follows:
| ||||||
20 | (70 ILCS 3615/1.02) (from Ch. 111 2/3, par. 701.02)
| ||||||
21 | Sec. 1.02. Findings and Purpose. (a) The General Assembly | ||||||
22 | finds;
| ||||||
23 | (i) Public transportation is, as provided in Section 7 of | ||||||
24 | Article
XIII of the Illinois Constitution, an essential public |
| |||||||
| |||||||
1 | purpose for which
public funds may be expended and that Section | ||||||
2 | authorizes the State to
provide financial assistance to units | ||||||
3 | of local government for distribution
to providers of public | ||||||
4 | transportation. There is an urgent need to reform
and continue | ||||||
5 | a unit of local government to assure the proper management
of | ||||||
6 | public transportation and to receive and distribute State or | ||||||
7 | federal
operating assistance and to raise and distribute | ||||||
8 | revenues for local operating
assistance. System generated | ||||||
9 | revenues are not adequate for
such service and a public need | ||||||
10 | exists to provide for, aid and assist
public transportation in | ||||||
11 | the northeastern area of the State, consisting
of Cook, DuPage, | ||||||
12 | Kane, Lake, McHenry and Will Counties.
| ||||||
13 | (ii) Comprehensive and coordinated regional public | ||||||
14 | transportation is
essential to the public health, safety and | ||||||
15 | welfare. It is essential to
economic well-being, maintenance of | ||||||
16 | full employment, conservation of
sources of energy and land for | ||||||
17 | open space and reduction of traffic
congestion and for | ||||||
18 | providing and maintaining a healthful environment for
the | ||||||
19 | benefit of present and future generations in the metropolitan | ||||||
20 | region.
Public transportation
improves the mobility of the | ||||||
21 | public and improves access to jobs,
commercial facilities, | ||||||
22 | schools and cultural attractions. Public
transportation | ||||||
23 | decreases air pollution and other environmental hazards
| ||||||
24 | resulting from excessive use of automobiles and allows for more
| ||||||
25 | efficient land use and planning.
| ||||||
26 | (iii) Because system generated receipts are not presently
|
| |||||||
| |||||||
1 | adequate, public
transportation facilities and services in the | ||||||
2 | northeastern area are in
grave financial condition. With | ||||||
3 | existing methods of financing,
coordination and management, | ||||||
4 | and relative convenience of automobiles,
such public | ||||||
5 | transportation facilities are not providing adequate public
| ||||||
6 | transportation to insure the public health, safety and welfare.
| ||||||
7 | (iv) Additional commitments to the special public | ||||||
8 | transportation
needs
problems of the disabled
handicapped , the | ||||||
9 | economically disadvantaged, and the
elderly are necessary.
| ||||||
10 | (v) To solve these problems, it is necessary to provide for | ||||||
11 | the
creation of a regional transportation authority with the | ||||||
12 | powers
necessary to insure adequate public transportation.
| ||||||
13 | (b) The General Assembly further finds, in connection with | ||||||
14 | this amendatory
Act of 1983:
| ||||||
15 | (i) Substantial, recurring deficits in the operations of | ||||||
16 | public transportation
services subject to the jurisdiction of | ||||||
17 | the Regional Transportation Authority
and periodic cash | ||||||
18 | shortages have occurred either of which could bring about
a | ||||||
19 | loss of public transportation services throughout the | ||||||
20 | metropolitan region at any time;
| ||||||
21 | (ii) A substantial or total loss of public transportation | ||||||
22 | services or
any segment thereof would create an emergency | ||||||
23 | threatening the safety and
well-being of the people in the | ||||||
24 | northeastern area of the State; and
| ||||||
25 | (iii) To meet the urgent needs of the people of the | ||||||
26 | metropolitan region
that such an emergency be averted and to |
| |||||||
| |||||||
1 | provide financially sound methods
of managing the provision of | ||||||
2 | public transportation services in the northeastern
area of the | ||||||
3 | State, it is necessary, while maintaining and continuing the
| ||||||
4 | existing Authority, to modify the powers and responsibilities | ||||||
5 | of the Authority,
to reallocate responsibility for operating | ||||||
6 | decisions, to change the composition
and appointment of the | ||||||
7 | Board of Directors thereof, and to immediately establish
a new | ||||||
8 | Board of Directors.
| ||||||
9 | (c) The General Assembly further finds in connection with | ||||||
10 | this amendatory Act of the 95th General Assembly:
| ||||||
11 | (i) The economic vitality of northeastern Illinois | ||||||
12 | requires regionwide and systemwide efforts to increase | ||||||
13 | ridership on the transit systems, constrain road congestion | ||||||
14 | within the metropolitan region, and allocate resources for | ||||||
15 | transportation so as to assist in the development of an | ||||||
16 | adequate, efficient, and coordinated regional transportation | ||||||
17 | system that is in a state of good repair.
| ||||||
18 | (ii) To achieve the purposes of this amendatory Act of the | ||||||
19 | 95th General Assembly, the powers and duties of the Authority | ||||||
20 | must be enhanced to improve overall planning and coordination, | ||||||
21 | to achieve an integrated and efficient regional transit system, | ||||||
22 | to advance the mobility of transit users, and to increase | ||||||
23 | financial transparency of the Authority and the Service Boards.
| ||||||
24 | (d)
(c) It is the purpose of this Act to provide for, aid | ||||||
25 | and
assist public transportation in the northeastern area of | ||||||
26 | the State without
impairing the overall quality of existing |
| |||||||
| |||||||
1 | public transportation by
providing for the creation of a single | ||||||
2 | authority responsive to the
people and elected officials of the | ||||||
3 | area and with the power and
competence to develop, implement, | ||||||
4 | and enforce plans that promote adequate, efficient, and | ||||||
5 | coordinated public transportation, provide financial review of | ||||||
6 | the providers of public
transportation
in the metropolitan | ||||||
7 | region and facilitate public transportation provided
by | ||||||
8 | Service Boards which is attractive and economical to users, | ||||||
9 | comprehensive,
coordinated among its
various elements, | ||||||
10 | economical, safe, efficient and coordinated with area
and State | ||||||
11 | plans.
| ||||||
12 | (Source: P.A. 83-885; 83-886 .)
| ||||||
13 | (70 ILCS 3615/2.01) (from Ch. 111 2/3, par. 702.01)
| ||||||
14 | Sec. 2.01. General Allocation of Responsibility for Public | ||||||
15 | Transportation.
Provision of Public Transportation - Review | ||||||
16 | and Program.
| ||||||
17 | (a) In order to accomplish the
its purposes as set forth in | ||||||
18 | this Act,
the responsibility for planning, operating, and | ||||||
19 | funding public transportation in the metropolitan region shall | ||||||
20 | be allocated as described in this Act. The Authority shall: | ||||||
21 | (i) adopt plans that implement the public policy of the | ||||||
22 | State to provide adequate, efficient, and coordinated | ||||||
23 | public transportation throughout the metropolitan region;
| ||||||
24 | (ii) set goals, objectives, and standards for the | ||||||
25 | Authority, the Service Boards, and transportation |
| |||||||
| |||||||
1 | agencies;
| ||||||
2 | (iii) develop performance measures to inform the | ||||||
3 | public about the extent to which the provision of public | ||||||
4 | transportation in the metropolitan region meets those | ||||||
5 | goals, objectives, and standards;
| ||||||
6 | (iv) allocate operating and capital funds made | ||||||
7 | available to support public transportation in the | ||||||
8 | metropolitan region;
| ||||||
9 | (v) provide financial oversight of the Service Boards; | ||||||
10 | and
| ||||||
11 | (vi) coordinate the provision of public transportation | ||||||
12 | and the investment in public transportation facilities to | ||||||
13 | enhance the integration of public transportation | ||||||
14 | throughout the metropolitan region, all as provided in this | ||||||
15 | Act.
| ||||||
16 | The
the Service Boards shall, on a continuing basis | ||||||
17 | determine
the level, nature
and kind of public transportation | ||||||
18 | which should be provided for the
metropolitan region in order | ||||||
19 | to meet the plans, goals, objectives, and standards adopted by | ||||||
20 | the Authority . The Service Boards may provide public | ||||||
21 | transportation
by purchasing
such service from transportation | ||||||
22 | agencies through purchase of service
agreements, by grants to | ||||||
23 | such agencies or by operating such service, all
pursuant to | ||||||
24 | this Act and the "Metropolitan Transit Authority
Act", as now | ||||||
25 | or hereafter amended. Certain of its actions to implement the | ||||||
26 | responsibilities allocated to the Authority in this subsection |
| |||||||
| |||||||
1 | (a) shall be taken in 3 public documents adopted by the | ||||||
2 | affirmative vote of at least 12 of its then Directors: A | ||||||
3 | Strategic Plan; a Five-Year Capital Program; and an Annual | ||||||
4 | Budget and Two-Year Financial Plan.
The Authority shall | ||||||
5 | establish a policy
to provide adequate public transportation | ||||||
6 | throughout the metropolitan
region.
| ||||||
7 | (b) The Authority shall subject the operating and capital | ||||||
8 | plans and
expenditures of the Service Boards in the
| ||||||
9 | metropolitan region with
regard to public transportation to | ||||||
10 | continuing review so that
the Authority may budget and expend | ||||||
11 | its funds with maximum effectiveness
and efficiency. The | ||||||
12 | Authority shall conduct audits of each of the Service Boards no | ||||||
13 | less than every 5 years. Such audits may include management, | ||||||
14 | performance, financial, and infrastructure condition audits. | ||||||
15 | The Authority may conduct management, performance, financial, | ||||||
16 | and infrastructure condition audits of transportation agencies | ||||||
17 | that receive funds from the Authority. The Authority may direct | ||||||
18 | a Service Board to conduct any such audit of a transportation | ||||||
19 | agency that receives funds from such Service Board, and the | ||||||
20 | Service Board shall comply with such request to the extent it | ||||||
21 | has the right to do so. These audits of the Service Boards or | ||||||
22 | transportation agencies may be project or service specific | ||||||
23 | audits to evaluate their achievement of the goals and | ||||||
24 | objectives of that project or service and their compliance with | ||||||
25 | any applicable requirements.
Certain of its recommendations in | ||||||
26 | this regard shall be
set forth in 2 public documents, the |
| |||||||
| |||||||
1 | Five-Year Program provided for in
this Section and an Annual | ||||||
2 | Budget and Program provided for in Section
4.01.
| ||||||
3 | (c) The Authority shall, in consultation with the Service | ||||||
4 | Boards,
each year prepare and, by ordinance, adopt,
after | ||||||
5 | public hearings held in each county in the metropolitan region, | ||||||
6 | a
Five-Year Program to inform the public and government | ||||||
7 | officials of the
Authority's objectives and program for | ||||||
8 | operations and capital
development during the forthcoming | ||||||
9 | five-year period. The Five-Year
Program shall set forth the | ||||||
10 | standards of service which the public may
expect; each Service | ||||||
11 | Board's plans for coordinating routes and service
of the | ||||||
12 | various
transportation agencies; the anticipated expense of | ||||||
13 | providing public
transportation at standards of service then | ||||||
14 | existing and under
alternative operating programs; the nature, | ||||||
15 | location and expense of
anticipated capital improvements | ||||||
16 | exceeding $250,000, by specific item
and by fiscal year; and | ||||||
17 | such demographic and other data developed by
planning and other | ||||||
18 | related agencies, as the Authority shall consider
pertinent to | ||||||
19 | the Service Boards' decisions as to levels
and nature of
| ||||||
20 | service, including without limitation the patterns of | ||||||
21 | population density
and growth, projected commercial and | ||||||
22 | residential development,
environmental factors and the | ||||||
23 | availability of alternative modes of
transportation. The | ||||||
24 | Five-Year Program shall be adopted on
the affirmative votes of | ||||||
25 | 9 of the then Directors.
| ||||||
26 | (Source: P.A. 83-886.)
|
| |||||||
| |||||||
1 | (70 ILCS 3615/2.01a new) | ||||||
2 | Sec. 2.01a. Strategic Plan. | ||||||
3 | (a) By the affirmative vote of at least 12 of its then | ||||||
4 | Directors, the Authority shall adopt a Strategic Plan, no less | ||||||
5 | than every 5 years, after consultation with the Service Boards | ||||||
6 | and after holding a minimum of 3 public hearings in Cook County | ||||||
7 | and one public hearing in each of the other counties in the | ||||||
8 | region. The Executive Director of the Authority shall review | ||||||
9 | the Strategic Plan on an ongoing basis and make recommendations | ||||||
10 | to the Board of the Authority with respect to any update or | ||||||
11 | amendment of the Strategic Plan. The Strategic Plan shall | ||||||
12 | describe the specific actions to be taken by the Authority and | ||||||
13 | the Service Boards to provide adequate, efficient, and | ||||||
14 | coordinated public transportation. | ||||||
15 | (b) The Strategic Plan shall identify goals and objectives | ||||||
16 | with respect to:
| ||||||
17 | (i) increasing ridership and passenger miles on public | ||||||
18 | transportation funded by the Authority;
| ||||||
19 | (ii) coordination of public transportation services | ||||||
20 | and the investment in public transportation facilities to | ||||||
21 | enhance the integration of public transportation | ||||||
22 | throughout the metropolitan region;
| ||||||
23 | (iii) coordination of fare and transfer policies to | ||||||
24 | promote transfers by riders among Service Boards, | ||||||
25 | transportation agencies, and public transportation modes, |
| |||||||
| |||||||
1 | which may include goals and objectives for development of a | ||||||
2 | universal fare instrument that riders may use | ||||||
3 | interchangeably on all public transportation funded by the | ||||||
4 | Authority, and methods to be used to allocate revenues from | ||||||
5 | transfers;
| ||||||
6 | (iv) improvements in public transportation facilities | ||||||
7 | to bring those facilities into a state of good repair, | ||||||
8 | enhancements that attract ridership and improve customer | ||||||
9 | service, and expansions needed to serve areas with | ||||||
10 | sufficient demand for public transportation;
| ||||||
11 | (v) access for transit-dependent populations, | ||||||
12 | including access by low-income communities to places of | ||||||
13 | employment, utilizing analyses provided by the Chicago | ||||||
14 | Metropolitan Agency for Planning regarding employment and | ||||||
15 | transportation availability, and giving consideration to | ||||||
16 | the location of employment centers in each county and the | ||||||
17 | availability of public transportation at off-peak hours | ||||||
18 | and on weekends;
| ||||||
19 | (vi) the financial viability of the public | ||||||
20 | transportation system, including both operating and | ||||||
21 | capital programs;
| ||||||
22 | (vii) limiting road congestion within the metropolitan | ||||||
23 | region and enhancing transit options to improve mobility; | ||||||
24 | and
| ||||||
25 | (viii) such other goals and objectives that advance the | ||||||
26 | policy of the State to provide adequate, efficient, and |
| |||||||
| |||||||
1 | coordinated public transportation in the metropolitan | ||||||
2 | region.
| ||||||
3 | (c) The Strategic Plan shall establish the process and | ||||||
4 | criteria by which proposals for capital improvements by a | ||||||
5 | Service Board or a transportation agency will be evaluated by | ||||||
6 | the Authority for inclusion in the Five-Year Capital Program, | ||||||
7 | which may include criteria for:
| ||||||
8 | (i) allocating funds among maintenance, enhancement, | ||||||
9 | and expansion improvements;
| ||||||
10 | (ii) projects to be funded from the Innovation, | ||||||
11 | Coordination, and Enhancement Fund;
| ||||||
12 | (iii) projects intended to improve or enhance | ||||||
13 | ridership or customer service;
| ||||||
14 | (iv) design and location of station or transit | ||||||
15 | improvements intended to promote transfers, increase | ||||||
16 | ridership, and support transit-oriented land development;
| ||||||
17 | (v) assessing the impact of projects on the ability to | ||||||
18 | operate and maintain the existing transit system; and
| ||||||
19 | (vi) other criteria that advance the goals and | ||||||
20 | objectives of the Strategic Plan.
| ||||||
21 | (d) The Strategic Plan shall establish performance | ||||||
22 | standards and measurements regarding the adequacy, efficiency, | ||||||
23 | and coordination of public transportation services in the | ||||||
24 | region and the implementation of the goals and objectives in | ||||||
25 | the Strategic Plan. At a minimum, such standards and measures | ||||||
26 | shall include customer-related performance data measured by |
| |||||||
| |||||||
1 | line, route, or sub-region, as determined by the Authority, on | ||||||
2 | the following:
| ||||||
3 | (i) travel times and on-time performance;
| ||||||
4 | (ii) ridership data;
| ||||||
5 | (iii) equipment failure rates;
| ||||||
6 | (iv) employee and customer safety; and
| ||||||
7 | (v) customer satisfaction.
| ||||||
8 | The Service Boards and transportation agencies that | ||||||
9 | receive funding from the Authority or Service Boards shall | ||||||
10 | prepare, publish, and submit to the Authority such reports with | ||||||
11 | regard to these standards and measurements in the frequency and | ||||||
12 | form required by the Authority; however, the frequency of such | ||||||
13 | reporting shall be no less than annual. The Service Boards | ||||||
14 | shall publish such reports on their respective websites. The | ||||||
15 | Authority shall compile and publish such reports on its | ||||||
16 | website. Such performance standards and measures shall not be | ||||||
17 | used as the basis for disciplinary action against any employee | ||||||
18 | of the Authority or Service Boards, except to the extent the | ||||||
19 | employment and disciplinary practices of the Authority or | ||||||
20 | Service Board provide for such action.
| ||||||
21 | (e) The Strategic Plan shall identify innovations to | ||||||
22 | improve the delivery of public transportation and the | ||||||
23 | construction of public transportation facilities.
| ||||||
24 | (f) The Strategic Plan shall describe the expected | ||||||
25 | financial condition of public transportation in the | ||||||
26 | metropolitan region prospectively over a 10-year period, which |
| |||||||
| |||||||
1 | may include information about the cash position and all known | ||||||
2 | obligations of the Authority and the Service Boards including | ||||||
3 | operating expenditures, debt service, contributions for | ||||||
4 | payment of pension and other post-employment benefits, the | ||||||
5 | expected revenues from fares, tax receipts, grants from the | ||||||
6 | federal, State, and local governments for operating and capital | ||||||
7 | purposes and issuance of debt, the availability of working | ||||||
8 | capital, and the resources needed to achieve the goals and | ||||||
9 | objectives described in the Strategic Plan.
| ||||||
10 | (g) In developing the Strategic Plan, the Authority shall | ||||||
11 | rely on such demographic and other data, forecasts, and | ||||||
12 | assumptions developed by the Chicago Metropolitan Agency for | ||||||
13 | Planning with respect to the patterns of population density and | ||||||
14 | growth, projected commercial and residential development, and | ||||||
15 | environmental factors, within the metropolitan region and in | ||||||
16 | areas outside the metropolitan region that may impact public | ||||||
17 | transportation utilization in the metropolitan region. Before | ||||||
18 | adopting or amending any Strategic Plan, the Authority shall | ||||||
19 | consult with the Chicago Metropolitan Agency for Planning | ||||||
20 | regarding the consistency of the Strategic Plan with the | ||||||
21 | Regional Comprehensive Plan adopted pursuant to the Regional | ||||||
22 | Planning Act.
| ||||||
23 | (h) The Authority may adopt, by the affirmative vote of at | ||||||
24 | least 12 of its then Directors, sub-regional or corridor plans | ||||||
25 | for specific geographic areas of the metropolitan region in | ||||||
26 | order to improve the adequacy, efficiency, and coordination of |
| |||||||
| |||||||
1 | existing, or the delivery of new, public transportation. Such | ||||||
2 | plans may also address areas outside the metropolitan region | ||||||
3 | that may impact public transportation utilization in the | ||||||
4 | metropolitan region. In preparing a sub-regional or corridor | ||||||
5 | plan, the Authority may identify changes in operating practices | ||||||
6 | or capital investment in the sub-region or corridor that could | ||||||
7 | increase ridership, reduce costs, improve coordination, or | ||||||
8 | enhance transit-oriented development. The Authority shall | ||||||
9 | consult with any affected Service Boards in the preparation of | ||||||
10 | any sub-regional or corridor plans.
| ||||||
11 | (i) If the Authority determines, by the affirmative vote of | ||||||
12 | at least 12 of its then Directors, that, with respect to any | ||||||
13 | proposed new public transportation service or facility, (i) | ||||||
14 | multiple Service Boards or transportation agencies are | ||||||
15 | potential service providers and (ii) the public transportation | ||||||
16 | facilities to be constructed or purchased to provide that | ||||||
17 | service have an expected construction cost of more than | ||||||
18 | $25,000,000, the Authority shall have sole responsibility for | ||||||
19 | conducting any alternatives analysis and preliminary | ||||||
20 | environmental assessment required by federal or State law. | ||||||
21 | Nothing in this subparagraph (i) shall prohibit a Service Board | ||||||
22 | from undertaking alternatives analysis and preliminary | ||||||
23 | environmental assessment for any public transportation service | ||||||
24 | or facility identified in items (i) and (ii) above that is | ||||||
25 | included in the Five-Year Capital Program as of the effective | ||||||
26 | date of this amendatory Act of the 95th General Assembly; |
| |||||||
| |||||||
1 | however, any expenditure related to any such public | ||||||
2 | transportation service or facility must be included in a | ||||||
3 | Five-Year Capital Program under the requirements of Sections | ||||||
4 | 2.01b and 4.02 of this Act.
| ||||||
5 | (70 ILCS 3615/2.01b new)
| ||||||
6 | Sec. 2.01b. The Five-Year Capital Program. By the | ||||||
7 | affirmative vote of at least 12 of its then Directors, the | ||||||
8 | Authority, after consultation with the Service Boards and after | ||||||
9 | holding a minimum of 3 public hearings in Cook County and one | ||||||
10 | public hearing in each of the other counties in the | ||||||
11 | metropolitan region, shall each year adopt a Five-Year Capital | ||||||
12 | Program that shall include each capital improvement to be | ||||||
13 | undertaken by or on behalf of a Service Board provided that the | ||||||
14 | Authority finds that the improvement meets any criteria for | ||||||
15 | capital improvements contained in the Strategic Plan, is not | ||||||
16 | inconsistent with any sub-regional or corridor plan adopted by | ||||||
17 | the Authority, and can be funded within amounts available with | ||||||
18 | respect to the capital and operating costs of such improvement. | ||||||
19 | In reviewing proposals for improvements to be included in a | ||||||
20 | Five-Year Capital Program, the Authority may give priority to | ||||||
21 | improvements that are intended to bring public transportation | ||||||
22 | facilities into a state of good repair. The Five-Year Capital | ||||||
23 | Program shall also identify capital improvements to be | ||||||
24 | undertaken by a Service Board, a transportation agency, or a | ||||||
25 | unit of local government and funded by the Authority from |
| |||||||
| |||||||
1 | amounts in the Innovation, Coordination, and Enhancement Fund, | ||||||
2 | provided that no improvement that is included in the Five-Year | ||||||
3 | Capital Program as of the effective date of this amendatory Act | ||||||
4 | of the 95th General Assembly may receive funding from the | ||||||
5 | Innovation, Coordination, and Enhancement Fund. Before | ||||||
6 | adopting a Five-Year Capital Program, the Authority shall | ||||||
7 | consult with the Chicago Metropolitan Agency for Planning | ||||||
8 | regarding the consistency of the Five-Year Capital Program with | ||||||
9 | the Regional Comprehensive Plan adopted pursuant to the | ||||||
10 | Regional Planning Act. | ||||||
11 | (70 ILCS 3615/2.01c new)
| ||||||
12 | Sec. 2.01c. Innovation, Coordination, and Enhancement | ||||||
13 | Fund. | ||||||
14 | (a) The Authority shall establish an Innovation, | ||||||
15 | Coordination, and Enhancement Fund and each year deposit into | ||||||
16 | the Fund the amounts directed by Section 4.03.3 of this Act. | ||||||
17 | Amounts on deposit in such Fund and interest and other earnings | ||||||
18 | on those amounts may be used by the Authority,
upon the | ||||||
19 | affirmative vote of 12 of its then Directors, and after
a | ||||||
20 | public participation process, for operating or capital grants
| ||||||
21 | or loans to Service Boards, transportation agencies, or units
| ||||||
22 | of local government that advance the goals and objectives
| ||||||
23 | identified by the Authority in its Strategic Plan, provided
| ||||||
24 | that no improvement that has been included in a Five-Year
| ||||||
25 | Capital Program as of the effective date of this amendatory Act
|
| |||||||
| |||||||
1 | of the 95th General Assembly may receive any funding from the
| ||||||
2 | Innovation, Coordination, and Enhancement Fund. Unless the
| ||||||
3 | Board has determined by a vote of 12 of its then Directors that
| ||||||
4 | an emergency exists requiring the use of some or all of the
| ||||||
5 | funds then in the Innovation, Coordination, and Enhancement
| ||||||
6 | Fund, such funds may only be used to enhance the coordination
| ||||||
7 | and integration of public transportation and develop and
| ||||||
8 | implement innovations to improve the quality and delivery of
| ||||||
9 | public transportation. | ||||||
10 | (b) Any grantee that receives funds from the Innovation, | ||||||
11 | Coordination, and Enhancement Fund for the operation of | ||||||
12 | eligible programs must (i) implement such programs within one | ||||||
13 | year of receipt of such funds and (ii) within 2 years following | ||||||
14 | commencement of any program utilizing such funds, determine | ||||||
15 | whether it is desirable to continue the program, and upon such | ||||||
16 | a determination, either incorporate such program into its | ||||||
17 | annual operating budget and capital program or discontinue such | ||||||
18 | program. No additional funds from the Innovation, | ||||||
19 | Coordination, and Enhancement Fund may be distributed to a | ||||||
20 | grantee for any individual program beyond 2 years unless the | ||||||
21 | Authority by the affirmative vote of at least 12 of its then | ||||||
22 | Directors waives this limitation. Any such waiver will be with | ||||||
23 | regard to an individual program and with regard to a one | ||||||
24 | year-period, and any further waivers for such individual | ||||||
25 | program require a subsequent vote of the Board. |
| |||||||
| |||||||
1 | (70 ILCS 3615/2.01d new)
| ||||||
2 | Sec. 2.01d. ADA Paratransit Fund. The Authority shall | ||||||
3 | establish an ADA Paratransit Fund and, each year, deposit into | ||||||
4 | that Fund the amounts directed by Section 4.03.3 of this Act. | ||||||
5 | The amounts on deposit in the Fund and interest and other | ||||||
6 | earnings on those amounts shall be used by the Authority to | ||||||
7 | make grants to the Suburban Bus Board for ADA paratransit | ||||||
8 | services provided pursuant to plans approved by the Authority | ||||||
9 | under Section 2.30 of this Act. Funds received by the Suburban | ||||||
10 | Bus Board from the Authority's ADA Paratransit Fund shall be | ||||||
11 | used only to provide ADA paratransit services to individuals | ||||||
12 | who are determined to be eligible for such services by the | ||||||
13 | Authority under the Americans with Disabilities Act of 1990 and | ||||||
14 | its implementing regulations. Revenues from and costs of | ||||||
15 | services provided by the Suburban Bus Board with grants made | ||||||
16 | under this Section shall be included in the Annual Budget and | ||||||
17 | Two-Year Financial Program of the Suburban Bus Board and shall | ||||||
18 | be subject to all budgetary and financial requirements under | ||||||
19 | this Act that apply to ADA paratransit services. Beginning in | ||||||
20 | 2008, the Executive Director shall, no later than August 15 of | ||||||
21 | each year, provide to the Board a written determination of the | ||||||
22 | projected annual costs of ADA paratransit services that are | ||||||
23 | required to be provided pursuant to the Americans with | ||||||
24 | Disabilities Act of 1990 and its implementing regulations. The | ||||||
25 | Authority shall conduct triennial financial, compliance, and | ||||||
26 | performance audits of ADA paratransit services to assist in |
| |||||||
| |||||||
1 | this determination. | ||||||
2 | (70 ILCS 3615/2.01e new)
| ||||||
3 | Sec. 2.01e. Suburban Community Mobility Fund. The | ||||||
4 | Authority shall establish a Suburban Community Mobility Fund | ||||||
5 | and, each year, deposit into that Fund the amounts directed by | ||||||
6 | Section 4.03.3 of this Act. The amounts on deposit in the Fund | ||||||
7 | and interest and other earnings on those amounts shall be used | ||||||
8 | by the Authority to make grants to the Suburban Bus Board for | ||||||
9 | the purpose of operating transit services, other than | ||||||
10 | traditional fixed-route services, that enhance suburban | ||||||
11 | mobility, including, but not limited to, demand-responsive | ||||||
12 | transit services, ride sharing, van pooling, service | ||||||
13 | coordination, centralized dispatching and call taking, reverse | ||||||
14 | commuting, service restructuring, and bus rapid transit. | ||||||
15 | Revenues from and costs of services provided by the Suburban | ||||||
16 | Bus Board with moneys from the Suburban Community Mobility Fund | ||||||
17 | shall be included in the Annual Budget and Two-Year Financial | ||||||
18 | Program of the Suburban Bus Board and shall be subject to all | ||||||
19 | budgetary and financial requirements under this Act.
| ||||||
20 | (70 ILCS 3615/2.04) (from Ch. 111 2/3, par. 702.04)
| ||||||
21 | Sec. 2.04. Fares and Nature of Service. | ||||||
22 | (a) Whenever a Service Board provides any public | ||||||
23 | transportation by
operating public transportation facilities, | ||||||
24 | the Service Board
shall provide for the level and nature of |
| |||||||
| |||||||
1 | fares or charges to be made for
such services, and the nature | ||||||
2 | and standards of public transportation to
be so provided that | ||||||
3 | meet the goals and objectives adopted by the Authority in the | ||||||
4 | Strategic Plan . Provided, however that if the Board adopts a | ||||||
5 | budget and
financial plan for a Service Board in accordance | ||||||
6 | with the provisions in
Section 4.11(b)(5), the Board may | ||||||
7 | consistent with the terms of any purchase
of service contract | ||||||
8 | provide for the level and nature of fares
to be made for such | ||||||
9 | services under the jurisdiction of that Service Board,
and the | ||||||
10 | nature and standards of public transportation to be so | ||||||
11 | provided.
| ||||||
12 | (b) Whenever a Service Board provides any public | ||||||
13 | transportation
pursuant to grants made after June 30, 1975, to | ||||||
14 | transportation agencies
for operating expenses (other than | ||||||
15 | with regard to experimental programs)
or pursuant to any | ||||||
16 | purchase of service agreement, the purchase of service
| ||||||
17 | agreement or grant contract shall provide for the level and | ||||||
18 | nature of fares
or charges to be made for such services, and | ||||||
19 | the nature and standards of
public transportation to be so | ||||||
20 | provided. A Service Board
shall require all transportation | ||||||
21 | agencies with which it contracts, or from
which it purchases | ||||||
22 | transportation services or to which it makes grants to
provide | ||||||
23 | half fare transportation for their student riders if any of | ||||||
24 | such
agencies provide for half fare transportation to their | ||||||
25 | student riders.
| ||||||
26 | (c) In so providing for the fares or charges and the nature |
| |||||||
| |||||||
1 | and standards of
public transportation, any purchase of service | ||||||
2 | agreements or grant contracts
shall provide, among other | ||||||
3 | matters, for the terms or cost of transfers
or interconnections | ||||||
4 | between different modes of transportation and
different public | ||||||
5 | transportation agencies, schedules or routes of such
service, | ||||||
6 | changes which may be made in such service, the nature and
| ||||||
7 | condition of the facilities used in providing service, the | ||||||
8 | manner of
collection and disposition of fares or charges, the | ||||||
9 | records and reports
to be kept and made concerning such | ||||||
10 | service, and for interchangeable
tickets or other coordinated | ||||||
11 | or uniform methods of collection of
charges , and shall further | ||||||
12 | require that the transportation agency comply with any | ||||||
13 | determination made by the Board of the Authority under and | ||||||
14 | subject to the provisions of Section 2.12b of this Act . In | ||||||
15 | regard to any such service, the Authority and the Service
| ||||||
16 | Boards shall give
attention to and may undertake programs to | ||||||
17 | promote use of public
transportation and to provide coordinated | ||||||
18 | ticket sales and passenger
information. In the case of a grant | ||||||
19 | to a transportation agency which
remains subject to Illinois | ||||||
20 | Commerce Commission supervision and
regulation, the Service | ||||||
21 | Boards shall exercise the powers
set forth in this
Section in a | ||||||
22 | manner consistent with such supervision and regulation by
the | ||||||
23 | Illinois Commerce Commission.
| ||||||
24 | (Source: P.A. 83-886.)
| ||||||
25 | (70 ILCS 3615/2.05) (from Ch. 111 2/3, par. 702.05)
|
| |||||||
| |||||||
1 | Sec. 2.05. Centralized Services; Acquisition and | ||||||
2 | Construction. | ||||||
3 | (a) The Authority may at the
request of two or more Service | ||||||
4 | Boards, serve, or designate a Service Board
to serve, as a | ||||||
5 | centralized purchasing agent for the Service Boards so | ||||||
6 | requesting.
| ||||||
7 | (b) The Authority may at the request of two or more Service | ||||||
8 | Boards perform
other centralized services such as ridership | ||||||
9 | information and transfers between
services under the | ||||||
10 | jurisdiction of the Service Boards where such centralized
| ||||||
11 | services financially benefit the region as a whole. Provided, | ||||||
12 | however,
that the Board may require transfers only upon an | ||||||
13 | affirmative vote of 12
9
of its then Directors.
| ||||||
14 | (c) A Service Board or the Authority may for the benefit of | ||||||
15 | a Service
Board, to meet its purposes, construct or acquire any | ||||||
16 | public
transportation facility for use by a Service Board
or | ||||||
17 | for use by any
transportation agency and may acquire any such | ||||||
18 | facilities from any
transportation agency, including also | ||||||
19 | without limitation any reserve funds,
employees' pension or | ||||||
20 | retirement funds, special funds, franchises,
licenses, | ||||||
21 | patents, permits and papers, documents and records of the | ||||||
22 | agency.
In connection with any such acquisition from a | ||||||
23 | transportation agency the
Authority may assume obligations of | ||||||
24 | the transportation agency with regard
to such facilities or | ||||||
25 | property or public transportation operations of such
agency.
| ||||||
26 | In connection with any construction or acquisition, the |
| |||||||
| |||||||
1 | Authority shall
make relocation payments as may be required by | ||||||
2 | federal law or by the
requirements of any federal agency | ||||||
3 | authorized to administer any federal
program of aid.
| ||||||
4 | (d) The Authority shall, after consulting with the Service | ||||||
5 | Boards, develop regionally coordinated and consolidated sales, | ||||||
6 | marketing, advertising, and public information programs that | ||||||
7 | promote the use and coordination of, and transfers among, | ||||||
8 | public transportation services in the metropolitan region. The | ||||||
9 | Authority shall develop and adopt, with the affirmative vote of | ||||||
10 | at least 12 of its then Directors, rules and regulations for | ||||||
11 | the Authority and the Service Boards regarding such programs to | ||||||
12 | ensure that the Service Boards' independent programs conform | ||||||
13 | with the Authority's regional programs.
| ||||||
14 | (Source: P.A. 83-886.)
| ||||||
15 | (70 ILCS 3615/2.09) (from Ch. 111 2/3, par. 702.09)
| ||||||
16 | Sec. 2.09. Research and Development. | ||||||
17 | (a) The Authority and the Service
Boards shall study public | ||||||
18 | transportation problems and
developments; encourage | ||||||
19 | experimentation in developing new public
transportation | ||||||
20 | technology, financing methods, and management procedures;
| ||||||
21 | conduct, in cooperation with other public and private agencies, | ||||||
22 | studies and
demonstration and development projects to test and | ||||||
23 | develop methods for
improving public transportation, for | ||||||
24 | reducing its costs to users or for
increasing public use; and | ||||||
25 | conduct, sponsor, and participate in other
studies and |
| |||||||
| |||||||
1 | experiments, which may include fare demonstration programs,
| ||||||
2 | useful to achieving the purposes of this Act.
The cost for any | ||||||
3 | such item authorized by this Section may be exempted
by the | ||||||
4 | Board in a budget ordinance from the "costs" included in | ||||||
5 | determining
that the Authority and its service
boards meet the | ||||||
6 | farebox recovery ratio or system generated revenues recovery
| ||||||
7 | ratio requirements of Sections 3A.10, 3B.10, 4.01(b), 4.09 and | ||||||
8 | 4.11 of this
Act and Section 34 of the Metropolitan Transit | ||||||
9 | Authority Act during the
Authority's fiscal year which begins | ||||||
10 | January 1, 1986 and ends December 31,
1986, provided that the | ||||||
11 | cost of any item authorized herein must be
specifically | ||||||
12 | approved within the budget adopted pursuant to Sections 4.01
| ||||||
13 | and 4.11 of this Act for that fiscal year.
| ||||||
14 | (b) To improve public transportation service in areas of | ||||||
15 | the metropolitan region with limited access to commuter rail | ||||||
16 | service, the Authority and the Suburban Bus Division shall | ||||||
17 | evaluate the feasibility of implementing new bus rapid transit | ||||||
18 | services using the expressway and tollway systems in the | ||||||
19 | metropolitan region. The Illinois Department of Transportation | ||||||
20 | and the Illinois Toll Highway Authority shall work | ||||||
21 | cooperatively with the Authority and the Suburban Bus Division | ||||||
22 | in that evaluation and in the implementation of bus rapid | ||||||
23 | transit services. The Authority and the Suburban Bus Division, | ||||||
24 | in cooperation with the Illinois Department of Transportation, | ||||||
25 | shall develop a bus rapid transit demonstration project on | ||||||
26 | Interstate 55 located in Will, DuPage, and Cook counties. This |
| |||||||
| |||||||
1 | demonstration project shall test and refine approaches to bus | ||||||
2 | rapid transit operations in the expressway or tollway shoulder | ||||||
3 | or regular travel lanes and shall investigate technology | ||||||
4 | options that facilitate the shared use of the transit lane and | ||||||
5 | provide revenue for financing construction and operation of | ||||||
6 | public transportation facilities.
| ||||||
7 | (c) The Suburban Bus Division and the Authority shall | ||||||
8 | cooperate in the development, funding, and operation of | ||||||
9 | programs to enhance access to job markets for residents in | ||||||
10 | south suburban Cook County. Beginning in 2008, the Authority | ||||||
11 | shall allocate to the Suburban Bus Division an amount not less | ||||||
12 | than $7,500,000 annually for the costs of such programs.
| ||||||
13 | (Source: P.A. 84-939.)
| ||||||
14 | (70 ILCS 3615/2.12) (from Ch. 111 2/3, par. 702.12)
| ||||||
15 | Sec. 2.12. Coordination with Planning Agencies. The | ||||||
16 | Authority and the Service Boards shall cooperate with the | ||||||
17 | various
public agencies charged
with responsibility for | ||||||
18 | long-range or comprehensive planning for the
metropolitan | ||||||
19 | region. The Authority shall utilize the official forecasts and | ||||||
20 | plans of the Chicago Metropolitan Agency for Planning in | ||||||
21 | developing the Strategic Plan and the Five-Year Capital | ||||||
22 | Program. The Authority and the Service Boards shall, prior
to | ||||||
23 | the adoption of any
Strategic Plan, as provided in Section | ||||||
24 | 2.01a of this Act, or the adoption of any Five-Year Capital
| ||||||
25 | Program, as provided in paragraph (b) of Section 2.01b
2.01 of |
| |||||||
| |||||||
1 | this
Act, submit its proposals to such agencies for review and | ||||||
2 | comment. The
Authority and the Service Boards may make use of | ||||||
3 | existing studies, surveys,
plans, data and other materials in | ||||||
4 | the possession of any State agency or
department, any planning | ||||||
5 | agency or any unit of local government.
| ||||||
6 | (Source: P.A. 83-886.)
| ||||||
7 | (70 ILCS 3615/2.12b new)
| ||||||
8 | Sec. 2.12b. Coordination of Fares and Service. Upon the | ||||||
9 | request of a Service Board, the Executive Director of the | ||||||
10 | Authority may, upon the affirmative vote of 9 of the then | ||||||
11 | Directors of the Authority, intervene in any matter involving | ||||||
12 | (i) a dispute between Service Boards or a Service Board and a | ||||||
13 | transportation agency providing service on behalf of a Service | ||||||
14 | Board with respect to the terms of transfer between, and the | ||||||
15 | allocation of revenues from fares and charges for, | ||||||
16 | transportation services provided by the parties or (ii) a | ||||||
17 | dispute between 2 Service Boards with respect to coordination | ||||||
18 | of service, route duplication, or a change in service. Any | ||||||
19 | Service Board or transportation agency involved in such dispute | ||||||
20 | shall meet with the Executive Director, cooperate in good faith | ||||||
21 | to attempt to resolve the dispute, and provide any books, | ||||||
22 | records, and other information requested by the Executive | ||||||
23 | Director. If the Executive Director is unable to mediate a | ||||||
24 | resolution of any dispute, he or she may provide a written | ||||||
25 | determination recommending a change in the fares or charges or |
| |||||||
| |||||||
1 | the allocation of revenues for such service or directing a | ||||||
2 | change in the nature or provider of service that is the subject | ||||||
3 | of the dispute. The Executive Director shall base such | ||||||
4 | determination upon the goals and objectives of the Strategic | ||||||
5 | Plan established pursuant to Section 2.01a(b). Such | ||||||
6 | determination shall be presented to the Board of the Authority | ||||||
7 | and, if approved by the affirmative vote of at least 9 of the | ||||||
8 | then Directors of the Authority, shall be final and shall be | ||||||
9 | implemented by any affected Service Board and transportation | ||||||
10 | agency within the time frame required by the determination.
| ||||||
11 | (70 ILCS 3615/2.14) (from Ch. 111 2/3, par. 702.14)
| ||||||
12 | Sec. 2.14. Appointment of Officers and Employees. The | ||||||
13 | Authority may appoint,
retain and employ officers, attorneys, | ||||||
14 | agents, engineers and employees.
The officers shall include an | ||||||
15 | Executive Director, who shall be the chief
executive officer of | ||||||
16 | the Authority, appointed by the Chairman with the concurrence
| ||||||
17 | of 11
9 of the other then Directors of the Board. The Executive | ||||||
18 | Director
shall organize the staff of the Authority, shall
| ||||||
19 | allocate their functions and duties, shall transfer such staff | ||||||
20 | to the
Suburban Bus Division and the Commuter Rail
Division as | ||||||
21 | is sufficient to meet their purposes, shall fix compensation
| ||||||
22 | and conditions of employment of the staff of the Authority, and | ||||||
23 | consistent
with the policies of and direction from the Board, | ||||||
24 | take all actions
necessary to achieve its purposes, fulfill
its | ||||||
25 | responsibilities and carry out its powers, and shall have such |
| |||||||
| |||||||
1 | other
powers and responsibilities as the Board shall determine. | ||||||
2 | The Executive
Director must be an individual
of proven | ||||||
3 | transportation and management skills and may not be a member of
| ||||||
4 | the Board. The Authority may employ its own professional
| ||||||
5 | management personnel to provide professional and technical | ||||||
6 | expertise concerning
its purposes and powers and to assist it | ||||||
7 | in assessing the performance of the
Service Boards in the | ||||||
8 | metropolitan region.
| ||||||
9 | No unlawful discrimination, as defined and prohibited in | ||||||
10 | the Illinois Human
Rights Act, shall be made in any term or | ||||||
11 | aspect of employment
nor shall there be discrimination based | ||||||
12 | upon political reasons or
factors. The Authority shall | ||||||
13 | establish regulations to insure that its
discharges shall not | ||||||
14 | be arbitrary and that hiring and promotion are
based on merit.
| ||||||
15 | The Authority shall be subject to the "Illinois Human | ||||||
16 | Rights
Act", as now or hereafter amended, and the remedies and | ||||||
17 | procedure
established thereunder. The Authority shall file an | ||||||
18 | affirmative action
program for employment by it with the | ||||||
19 | Department of Human Rights to ensure
that applicants are
| ||||||
20 | employed and that employees are treated during employment, | ||||||
21 | without
regard to unlawful discrimination. Such affirmative
| ||||||
22 | action program shall include provisions relating to hiring, | ||||||
23 | upgrading,
demotion, transfer, recruitment, recruitment | ||||||
24 | advertising, selection for
training and rates of pay or other | ||||||
25 | forms of compensation.
| ||||||
26 | (Source: P.A. 83-886.)
|
| |||||||
| |||||||
1 | (70 ILCS 3615/2.18a) (from Ch. 111 2/3, par. 702.18a)
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2 | Sec. 2.18a. (a) The provisions of this Section apply to | ||||||
3 | collective bargaining
agreements (including extensions and | ||||||
4 | amendments to existing agreements)
between Service Boards or | ||||||
5 | transportation agencies subject to the jurisdiction
of Service | ||||||
6 | Boards and their employees, which are entered into after | ||||||
7 | January 1, 1984.
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8 | (b) The Authority shall approve amended budgets prepared by | ||||||
9 | Service Boards
which incorporate the costs of collective | ||||||
10 | bargaining agreements between
Service Boards and their | ||||||
11 | employees. The Authority shall approve such an
amended budget | ||||||
12 | provided that it determines by the affirmative vote of 12
9
of | ||||||
13 | its then members that the amended budget meets the standards | ||||||
14 | established
in Section 4.11.
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15 | (Source: P.A. 83-886.)
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16 | (70 ILCS 3615/2.30) | ||||||
17 | Sec. 2.30. Paratransit services. | ||||||
18 | (a) For purposes of this Act, "ADA paratransit services" | ||||||
19 | shall mean those comparable or specialized transportation | ||||||
20 | services provided by, or under grant or purchase of service | ||||||
21 | contracts of, the Service Boards to individuals with | ||||||
22 | disabilities who are unable to use fixed route transportation | ||||||
23 | systems and who are determined to be eligible, for some or all | ||||||
24 | of their trips, for such services under the Americans with |
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1 | Disabilities Act of 1990 and its implementing regulations. | ||||||
2 | (b) Beginning July 1, 2005, the Authority is responsible | ||||||
3 | for the funding, from amounts on deposit in the ADA Paratransit | ||||||
4 | Fund established under Section 2.01d of this Act, financial | ||||||
5 | review and oversight of all ADA paratransit services that are | ||||||
6 | provided by the Authority or by any of the Service Boards. The | ||||||
7 | Suburban Bus Board shall operate or provide for the operation | ||||||
8 | of all ADA paratransit services by no later than July 1, 2006, | ||||||
9 | except that this date may be extended to the extent necessary | ||||||
10 | to obtain approval from the Federal Transit Administration of | ||||||
11 | the plan prepared pursuant to subsection (c). | ||||||
12 | (c) No later than January 1, 2006, the Authority, in | ||||||
13 | collaboration with the Suburban Bus Board and the Chicago | ||||||
14 | Transit Authority, shall develop a plan for the provision of | ||||||
15 | ADA paratransit services and submit such plan to the Federal | ||||||
16 | Transit Administration for approval. Approval of such plan by | ||||||
17 | the Authority shall require the affirmative votes of 12
9 of | ||||||
18 | the then Directors. The Suburban Bus Board, the Chicago Transit | ||||||
19 | Authority and the Authority shall comply with the requirements | ||||||
20 | of the Americans with Disabilities Act of 1990 and its | ||||||
21 | implementing regulations in developing and approving such plan | ||||||
22 | including, without limitation, consulting with individuals | ||||||
23 | with disabilities and groups representing them in the | ||||||
24 | community, and providing adequate opportunity for public | ||||||
25 | comment and public hearings. The plan shall include the | ||||||
26 | contents required for a paratransit plan pursuant to the |
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1 | Americans with Disabilities Act of 1990 and its implementing | ||||||
2 | regulations. The plan shall also include, without limitation, | ||||||
3 | provisions to: | ||||||
4 | (1) maintain, at a minimum, the levels of ADA | ||||||
5 | paratransit service that are required to be provided by the | ||||||
6 | Service Boards pursuant to the Americans with Disabilities | ||||||
7 | Act of 1990 and its implementing regulations; | ||||||
8 | (2) transfer the appropriate ADA paratransit services, | ||||||
9 | management, personnel, service contracts and assets from | ||||||
10 | the Chicago Transit Authority to the Authority or the | ||||||
11 | Suburban Bus Board, as necessary, by no later than July 1, | ||||||
12 | 2006, except that this date may be extended to the extent | ||||||
13 | necessary to obtain approval from the Federal Transit | ||||||
14 | Administration of the plan prepared pursuant to this | ||||||
15 | subsection (c); | ||||||
16 | (3) provide for consistent policies throughout the | ||||||
17 | metropolitan region for scheduling of ADA paratransit | ||||||
18 | service trips to and from destinations, with consideration | ||||||
19 | of scheduling of return trips on a "will-call" open-ended | ||||||
20 | basis upon request of the rider, if practicable, and with | ||||||
21 | consideration of an increased number of trips available by | ||||||
22 | subscription service than are available as of the effective | ||||||
23 | date of this amendatory Act; | ||||||
24 | (4) provide that service contracts and rates, entered | ||||||
25 | into or set after the approval by the Federal Transit | ||||||
26 | Administration of the plan prepared pursuant to subsection |
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1 | (c) of this Section, with private carriers and taxicabs for | ||||||
2 | ADA paratransit service are procured by means of an open | ||||||
3 | procurement process; | ||||||
4 | (5) provide for fares, fare collection and billing | ||||||
5 | procedures for ADA paratransit services throughout the | ||||||
6 | metropolitan region; | ||||||
7 | (6) provide for performance standards for all ADA | ||||||
8 | paratransit service transportation carriers, with | ||||||
9 | consideration of door-to-door service; | ||||||
10 | (7) provide, in cooperation with the Illinois | ||||||
11 | Department of Transportation, the Illinois Department of | ||||||
12 | Public Aid and other appropriate public agencies and | ||||||
13 | private entities, for the application and receipt of | ||||||
14 | grants, including, without limitation, reimbursement from | ||||||
15 | Medicaid or other programs for ADA paratransit services; | ||||||
16 | (8) provide for a system of dispatch of ADA paratransit | ||||||
17 | services transportation carriers throughout the | ||||||
18 | metropolitan region, with consideration of county-based | ||||||
19 | dispatch systems already in place as of the effective date | ||||||
20 | of this amendatory Act; | ||||||
21 | (9) provide for a process of determining eligibility | ||||||
22 | for ADA paratransit services that complies with the | ||||||
23 | Americans with Disabilities Act of 1990 and its | ||||||
24 | implementing regulations; | ||||||
25 | (10) provide for consideration of innovative methods | ||||||
26 | to provide and fund ADA paratransit services; and |
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1 | (11) provide for the creation of one or more ADA | ||||||
2 | advisory boards, or the reconstitution of the existing ADA | ||||||
3 | advisory boards for the Service Boards, to represent the | ||||||
4 | diversity of individuals with disabilities in the | ||||||
5 | metropolitan region and to provide appropriate ongoing | ||||||
6 | input from individuals with disabilities into the | ||||||
7 | operation of ADA paratransit services.
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8 | (d) All revisions and annual updates to the ADA paratransit | ||||||
9 | services plan developed pursuant to subsection (c) of this | ||||||
10 | Section, or certifications of continued compliance in lieu of | ||||||
11 | plan updates, that are required to be provided to the Federal | ||||||
12 | Transit Administration shall be developed by the Authority, in | ||||||
13 | collaboration with the Suburban Bus Board and the Chicago | ||||||
14 | Transit Authority, and the Authority shall submit such | ||||||
15 | revision, update or certification to the Federal Transit | ||||||
16 | Administration for approval. Approval of such revisions, | ||||||
17 | updates or certifications by the Authority shall require the | ||||||
18 | affirmative votes of 12
9 of the then Directors. | ||||||
19 | (e) The Illinois Department of Transportation, the | ||||||
20 | Illinois Department of Public Aid, the Authority, the Suburban | ||||||
21 | Bus Board and the Chicago Transit Authority shall enter into | ||||||
22 | intergovernmental agreements as may be necessary to provide | ||||||
23 | funding and accountability for, and implementation of, the | ||||||
24 | requirements of this Section. | ||||||
25 | (f) By no later than April 1, 2007, the Authority shall | ||||||
26 | develop and submit to the General Assembly and the Governor a |
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1 | funding plan for ADA paratransit services. Approval of such | ||||||
2 | plan by the Authority shall require the affirmative votes of 12
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3 | 9 of the then Directors. The funding plan shall, at a minimum, | ||||||
4 | contain an analysis of the current costs of providing ADA | ||||||
5 | paratransit services, projections of the long-term costs of | ||||||
6 | providing ADA paratransit services, identification of and | ||||||
7 | recommendations for possible cost efficiencies in providing | ||||||
8 | ADA paratransit services, and identification of and | ||||||
9 | recommendations for possible funding sources for providing ADA | ||||||
10 | paratransit services. The Illinois Department of | ||||||
11 | Transportation, the Illinois Department of Public Aid, the | ||||||
12 | Suburban Bus Board, the Chicago Transit Authority and other | ||||||
13 | State and local public agencies as appropriate shall cooperate | ||||||
14 | with the Authority in the preparation of such funding plan. | ||||||
15 | (g) Any funds derived from the federal Medicaid program for | ||||||
16 | reimbursement of the costs of providing ADA paratransit | ||||||
17 | services within the metropolitan region shall be directed to | ||||||
18 | the Authority and shall be used to pay for or reimburse the | ||||||
19 | costs of providing such services. | ||||||
20 | (h) Nothing in this amendatory Act shall be construed to | ||||||
21 | conflict with the requirements of the Americans with | ||||||
22 | Disabilities Act of 1990 and its implementing regulations.
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23 | (Source: P.A. 94-370, eff. 7-29-05.) | ||||||
24 | (70 ILCS 3615/2.31 new)
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25 | Sec. 2.31. Disadvantaged Business Enterprise Contracting |
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1 | and Equal Employment Opportunity Programs. The Authority and | ||||||
2 | each Service Board shall, as soon as is practicable but in no | ||||||
3 | event later than two years after the effective date of this | ||||||
4 | amendatory Act of the 95th General Assembly, establish and | ||||||
5 | maintain a disadvantaged business enterprise contracting | ||||||
6 | program designed to ensure non-discrimination in the award and | ||||||
7 | administration of contracts not covered under a federally | ||||||
8 | mandated disadvantaged business enterprise program. The | ||||||
9 | program shall establish narrowly tailored goals for the | ||||||
10 | participation of disadvantaged business enterprises as the | ||||||
11 | Authority and each Service Board determines appropriate. The | ||||||
12 | goals shall be based on demonstrable evidence of the | ||||||
13 | availability of ready, willing, and able disadvantaged | ||||||
14 | business enterprises relative to all businesses ready, | ||||||
15 | willing, and able to participate on the program's contracts. | ||||||
16 | The program shall require the Authority and each Service Board | ||||||
17 | to monitor the progress of the contractors' obligations with | ||||||
18 | respect to the program's goals. Nothing in this program shall | ||||||
19 | conflict with or interfere with the maintenance or operation | ||||||
20 | of, or compliance with, any federally mandated disadvantaged | ||||||
21 | business enterprise program. | ||||||
22 | The Authority and each Service Board shall establish and | ||||||
23 | maintain a program designed to promote equal employment | ||||||
24 | opportunity. Each year, no later than October 1, the Authority | ||||||
25 | and each Service Board shall report to the General Assembly on | ||||||
26 | the number of their respective employees and the number of |
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1 | their respective employees who have designated themselves as | ||||||
2 | members of a minority group and gender. | ||||||
3 | Each year no later than October 1, and starting no later | ||||||
4 | than the October 1 after the establishment of their | ||||||
5 | disadvantaged business enterprise contracting programs, the | ||||||
6 | Authority and each Service Board shall submit a report with | ||||||
7 | respect to such program to the General Assembly. In addition, | ||||||
8 | each year no later than October 1, the Authority and each | ||||||
9 | Service Board shall submit a copy of its federally mandated | ||||||
10 | semi-annual Uniform Report of Disadvantaged Business | ||||||
11 | Enterprises Awards or Commitments and Payments to the General | ||||||
12 | Assembly.
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13 | (70 ILCS 3615/3.01) (from Ch. 111 2/3, par. 703.01)
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14 | Sec. 3.01. Board of Directors. The
Upon expiration of the | ||||||
15 | term of the members
of the Transition Board as provided for in | ||||||
16 | Section 3.09,
the corporate authorities and governing body of | ||||||
17 | the Authority shall
be a Board consisting of 13 Directors until | ||||||
18 | January 1, 2008, and 16 Directors thereafter, appointed as | ||||||
19 | follows:
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20 | (a) Four Directors appointed by the Mayor of the City of
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21 | Chicago, with the advice and consent of the City Council of the | ||||||
22 | City of
Chicago, and , only until January 1, 2008, a fifth | ||||||
23 | director who shall be the Chairman of the Chicago
Transit | ||||||
24 | Authority. After January 1, 2008, the Mayor of the City of | ||||||
25 | Chicago, with the advice and consent of the City Council of the |
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1 | City of Chicago, shall appoint a fifth Director. The Directors | ||||||
2 | appointed by the Mayor of the City of Chicago shall not be the | ||||||
3 | chairman or a director of the Chicago Transit Authority. Each | ||||||
4 | such Director shall reside in the City of Chicago
except the | ||||||
5 | Chairman of the Chicago Transit Authority who shall reside
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6 | within the metropolitan area as defined in the Metropolitan | ||||||
7 | Transit Authority Act .
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8 | (b) Four Directors appointed by the votes of a majority of | ||||||
9 | the members of the Cook County Board
elected from that part of | ||||||
10 | Cook County outside of Chicago, or, in the
event such Board of | ||||||
11 | Commissioners becomes elected from single member
districts, by | ||||||
12 | those Commissioners elected from districts, a majority of
the | ||||||
13 | electors of which reside outside Chicago. After January 1, | ||||||
14 | 2008, a fifth Director appointed by the President of the Cook | ||||||
15 | County Board with the advice and consent of the members of the | ||||||
16 | Cook County Board.
In either case, such appointment
shall be | ||||||
17 | with the concurrence of four such Commissioners.
Each such | ||||||
18 | Director appointed under this subparagraph shall reside in that | ||||||
19 | part of Cook County outside
Chicago.
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20 | (c) Until January 1, 2008, 3 Directors appointed by the | ||||||
21 | Chairmen of the county boards of DuPage, Kane, Lake, McHenry, | ||||||
22 | and Will Counties, as follows:
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23 | (i) Two Directors appointed by the Chairmen of the | ||||||
24 | county boards
of Kane, Lake, McHenry and Will Counties, | ||||||
25 | with the concurrence of not less
than a majority of the | ||||||
26 | Chairmen from such counties, from nominees by
the Chairmen. |
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1 | Each such Chairman may nominate not more than 2 persons for
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2 | each position. Each such Director shall reside in a county | ||||||
3 | in the metropolitan
region other than Cook or DuPage | ||||||
4 | Counties.
| ||||||
5 | (ii)
(d) One Director shall be appointed by the | ||||||
6 | Chairman
of the Board of DuPage County Board with the | ||||||
7 | advice and consent of the County
Board of DuPage County | ||||||
8 | Board. Such Director
and shall reside in DuPage County.
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9 | (d) After January 1, 2008, 5 Directors appointed by the | ||||||
10 | Chairmen of the county boards of DuPage, Kane, Lake and McHenry | ||||||
11 | Counties and the County Executive of Will County, as follows:
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12 | (i) One Director appointed by the Chairman of the Kane | ||||||
13 | County Board with the advice and consent of the Kane County | ||||||
14 | Board. Such Director shall reside in Kane County.
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15 | (ii) One Director appointed by the County Executive of | ||||||
16 | Will County with the advice and consent of the Will County | ||||||
17 | Board. Such Director shall reside in Will County.
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18 | (iii) One Director appointed by the Chairman of the | ||||||
19 | DuPage County Board with the advice and consent of the | ||||||
20 | DuPage County Board. Such Director shall reside in DuPage | ||||||
21 | County.
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22 | (iv) One Director appointed by the Chairman of the Lake | ||||||
23 | County Board with the advice and consent of the Lake County | ||||||
24 | Board. Such Director shall reside in Lake County.
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25 | (v) One Director appointed by the Chairman of the | ||||||
26 | McHenry County Board with the advice and consent of the |
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| |||||||
1 | McHenry County Board. Such Director shall reside in McHenry | ||||||
2 | County.
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3 | (vi) To implement the changes in appointing authority | ||||||
4 | under this subparagraph (d) the three Directors appointed | ||||||
5 | under subparagraph (c) and residing in Lake County, DuPage | ||||||
6 | County, and Kane County respectively shall each continue to | ||||||
7 | serve as Director until the expiration of their respective | ||||||
8 | term of office and until his or her successor is appointed | ||||||
9 | and qualified or a vacancy occurs in the office. Thereupon, | ||||||
10 | the appointment shall be made by the officials given | ||||||
11 | appointing authority with respect to the Director whose | ||||||
12 | term has expired or office has become vacant.
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13 | (e)
The Chairman serving on the effective date of this | ||||||
14 | amendatory Act of the 95th General Assembly shall continue to | ||||||
15 | serve as Chairman until the expiration of his or her term of | ||||||
16 | office and until his or her successor is appointed and | ||||||
17 | qualified or a vacancy occurs in the office
Before January 1, | ||||||
18 | 1987, for the term expiring July 1,
1989, the Chairman shall be | ||||||
19 | appointed
by the Governor. Thereafter the Chairman shall be | ||||||
20 | appointed by the other
12 Directors
with the concurrence of | ||||||
21 | three-fourths of such Directors . Upon the expiration or vacancy | ||||||
22 | of the term of the Chairman then serving upon the effective | ||||||
23 | date of this amendatory Act of the 95th General Assembly, the | ||||||
24 | Chairman shall be appointed by the other Directors, by the | ||||||
25 | affirmative vote of at least 11 of the then Directors, with at | ||||||
26 | least 2 affirmative votes from Directors who reside in the City |
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1 | of Chicago, at least 2 affirmative votes from Directors who | ||||||
2 | reside in Cook County outside the City of Chicago, and at least | ||||||
3 | 2 affirmative votes from Directors who reside in the Counties | ||||||
4 | of DuPage, Lake, Will, Kane, or McHenry. The
chairman shall not | ||||||
5 | be appointed from among the other Directors. The chairman
shall | ||||||
6 | be a resident of the metropolitan region.
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7 | (f) Except as otherwise provided by this Act no Director
| ||||||
8 | shall, while serving as such, be an officer,
a member of the | ||||||
9 | Board of Directors or Trustees or an employee of any Service | ||||||
10 | Board or transportation
agency, or be an employee of the State | ||||||
11 | of Illinois or any department or
agency thereof, or of any unit | ||||||
12 | of local government or receive any compensation
from any | ||||||
13 | elected or appointed office under the Constitution and laws of
| ||||||
14 | Illinois; except that a Director may be a member of a school | ||||||
15 | board.
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16 | (g) Each appointment made under this Section and
under | ||||||
17 | Section 3.03 shall be certified by the appointing authority to | ||||||
18 | the
Board, which shall maintain the certifications as part of | ||||||
19 | the official
records of the Authority ; provided that the | ||||||
20 | initial appointments shall
be certified to the Secretary of | ||||||
21 | State, who shall transmit the
certifications to the Board | ||||||
22 | following its organization. All appointments
made by the | ||||||
23 | Governor shall be made with the advice and consent of the | ||||||
24 | Senate .
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25 | (h) (Blank).
The Board of Directors shall be so appointed | ||||||
26 | as to represent the
City of Chicago, that part of Cook County |
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1 | outside the City of Chicago,
and that part of the metropolitan | ||||||
2 | region outside Cook County on the one
man one vote basis. After | ||||||
3 | each Federal decennial census the General
Assembly shall review | ||||||
4 | the composition of the Board and, if a change is
needed to | ||||||
5 | comply with this requirement, shall provide for the necessary
| ||||||
6 | revision by July 1 of the third year after such census.
| ||||||
7 | Provided, however, that the Chairman of the Chicago Transit | ||||||
8 | Authority
shall be a Director of the Authority and shall be | ||||||
9 | considered as representing
the City of Chicago for purposes of | ||||||
10 | this paragraph.
| ||||||
11 | Insofar as may be practicable, the changes in Board | ||||||
12 | membership
necessary to achieve this purpose shall take effect | ||||||
13 | as appropriate
members terms expire, no member's term being | ||||||
14 | reduced by reason of such
revision of the composition of the | ||||||
15 | Board.
| ||||||
16 | (Source: P.A. 83-1417.)
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17 | (70 ILCS 3615/3.03) (from Ch. 111 2/3, par. 703.03)
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18 | Sec. 3.03. Terms, vacancies. Each Director , including the | ||||||
19 | Chairman,
shall be appointed for an initial term as provided | ||||||
20 | for in Section 3.10
of this Act. Thereafter, each Director
| ||||||
21 | shall hold office for a term of 5
years, and until his | ||||||
22 | successor has been appointed and has qualified. A
vacancy shall | ||||||
23 | occur upon resignation, death, conviction of a felony, or
| ||||||
24 | removal from office of a Director. Any Director may be removed | ||||||
25 | from office
upon concurrence of not less than 11
9 Directors, |
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| |||||||
1 | on a formal finding of
incompetence, neglect of duty, or | ||||||
2 | malfeasance in office. Within 30 days
after the office of any | ||||||
3 | member becomes vacant for any reason, the
appointing | ||||||
4 | authorities of such member shall make an appointment to fill | ||||||
5 | the
vacancy. A vacancy shall be filled for the unexpired term.
| ||||||
6 | Whenever
After October 1, 1984, whenever a vacancy for a | ||||||
7 | Director, except as
to the Chairman or those Directors | ||||||
8 | appointed by the Governor or the Mayor of the City
of Chicago, | ||||||
9 | exists for longer than 4 months, the new Director shall be
| ||||||
10 | chosen by election by all legislative members in the General | ||||||
11 | Assembly
representing the affected area. In order to qualify as | ||||||
12 | a
voting legislative member in this matter, the affected
area | ||||||
13 | must be more than 50% of the geographic area of the legislative | ||||||
14 | district.
| ||||||
15 | (Source: P.A. 86-1475.)
| ||||||
16 | (70 ILCS 3615/3.04) (from Ch. 111 2/3, par. 703.04)
| ||||||
17 | Sec. 3.04. Compensation. Each Director , excluding | ||||||
18 | including the
Chairman, except for the Chairman of the Chicago | ||||||
19 | Transit Authority who
shall not be compensated by the | ||||||
20 | Authority,
shall be compensated at the
rate of $25,000 per | ||||||
21 | year. The Chairman shall be compensated at the rate of $50,000 | ||||||
22 | per year.
| ||||||
23 | Officers of the Authority shall not be required to comply | ||||||
24 | with the
requirements of "An Act requiring certain custodians | ||||||
25 | of public moneys to
file and publish statements of the receipts |
| |||||||
| |||||||
1 | and disbursements thereof",
approved June 24, 1919, as now or | ||||||
2 | hereafter amended.
| ||||||
3 | (Source: P.A. 83-885; 83-886.)
| ||||||
4 | (70 ILCS 3615/3.05) (from Ch. 111 2/3, par. 703.05)
| ||||||
5 | Sec. 3.05. Meetings. The Board shall prescribe the times | ||||||
6 | and places for meetings and the
manner in which special | ||||||
7 | meetings may be called. The Board shall comply
in all respects | ||||||
8 | with the "Open Meetings Act", approved July 11,
1957, as now or | ||||||
9 | hereafter amended. All records, documents and papers of
the | ||||||
10 | Authority, other than those relating to matters concerning | ||||||
11 | which
closed sessions of the Board may be held, shall be | ||||||
12 | available for public
examination, subject to such reasonable | ||||||
13 | regulations as the Board may
adopt.
| ||||||
14 | A majority of the Directors holding office shall constitute | ||||||
15 | a quorum
for the conduct of business. Except as otherwise | ||||||
16 | provided in this Act,
the affirmative votes of at least 9
7
| ||||||
17 | Directors shall be necessary for
approving any contract or | ||||||
18 | agreement, adopting any rule or regulation,
and any other | ||||||
19 | action required by this Act to be taken by resolution or
| ||||||
20 | ordinance.
| ||||||
21 | The Board shall meet with the Regional Citizens Advisory | ||||||
22 | Board at least
once every 4 months.
| ||||||
23 | (Source: P.A. 83-886.)
| ||||||
24 | (70 ILCS 3615/3A.10) (from Ch. 111 2/3, par. 703A.10)
|
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| |||||||
1 | Sec. 3A.10. Budget and Program. The Suburban Bus Board, | ||||||
2 | subject to
the powers of the Authority in Section 4.11, shall | ||||||
3 | control the finances
of the Division. It shall by ordinance | ||||||
4 | appropriate money to perform the
Division's purposes and | ||||||
5 | provide for payment of debts and expenses of the
Division. Each | ||||||
6 | year the Suburban Bus Board shall prepare and publish a | ||||||
7 | comprehensive
annual budget and proposed five-year capital
| ||||||
8 | program document, and a financial plan for the 2 years
| ||||||
9 | thereafter describing the state of the Division and presenting | ||||||
10 | for the forthcoming
fiscal year and the 2 following years the | ||||||
11 | Suburban Bus Board's plans for
such operations and capital | ||||||
12 | expenditures as it intends to undertake and
the means by which | ||||||
13 | it intends to finance them. The proposed budget ,
and
financial | ||||||
14 | plan , and five-year capital program shall be based on the | ||||||
15 | Authority's estimate of funds to be
made available to the | ||||||
16 | Suburban Bus Board by or through the Authority and
shall | ||||||
17 | conform in all respects to the requirements established by the | ||||||
18 | Authority.
The proposed program and budget , financial plan, and | ||||||
19 | five-year capital program shall contain a statement of the | ||||||
20 | funds estimated
to be on hand at the beginning of the fiscal | ||||||
21 | year, the funds estimated to
be received from all sources for | ||||||
22 | such year and the funds estimated to be
on hand at the end of | ||||||
23 | such year. After adoption of the Authority's first
Five-Year | ||||||
24 | Program, as provided in Section 2.01 of this Act, the proposed
| ||||||
25 | program and budget shall specifically identify any respect in | ||||||
26 | which the
recommended program deviates from the Authority's |
| |||||||
| |||||||
1 | then existing Five-Year
Program, giving the reasons for such | ||||||
2 | deviation. The fiscal year of the
Division shall be the same as | ||||||
3 | the fiscal year of the Authority. Before
the proposed budget ,
| ||||||
4 | and program and financial plan , and five-year capital program
| ||||||
5 | are submitted to the
Authority, the Suburban Bus Board shall | ||||||
6 | hold at least one public hearing
thereon in each of the | ||||||
7 | counties in the metropolitan region in which the
Division | ||||||
8 | provides service. The Suburban Bus Board shall hold at least
| ||||||
9 | one meeting for consideration of the proposed program and
| ||||||
10 | budget , financial plan, and five-year capital program with the
| ||||||
11 | county board of each of the several counties in the | ||||||
12 | metropolitan region
in which the Division provides service. | ||||||
13 | After conducting such hearings
and holding such meetings and | ||||||
14 | after making such changes in the proposed
program and budget , | ||||||
15 | financial plan, and five-year capital program as the Suburban | ||||||
16 | Bus Board deems appropriate, it shall
adopt an annual budget | ||||||
17 | ordinance at least by November 15 next preceding
the beginning | ||||||
18 | of each fiscal year. The budget ,
and program, and financial
| ||||||
19 | plan , and five-year capital program shall then be submitted to | ||||||
20 | the Authority as provided in Section 4.11. In the event
that | ||||||
21 | the Board of the Authority determines that the budget and | ||||||
22 | program,
and financial plan do not meet the standards of | ||||||
23 | Section 4.11, the Suburban
Bus Board shall make such changes as | ||||||
24 | are necessary to meet such requirements
and adopt an amended | ||||||
25 | budget ordinance. The amended budget ordinance shall
be | ||||||
26 | resubmitted to the Authority pursuant to Section 4.11. The |
| |||||||
| |||||||
1 | ordinance
shall appropriate such sums of money as are deemed | ||||||
2 | necessary to defray
all necessary expenses and obligations of | ||||||
3 | the Division, specifying purposes
and the objects or programs | ||||||
4 | for which appropriations are made and the amount
appropriated | ||||||
5 | for each object or program. Additional appropriations, | ||||||
6 | transfers
between items and other changes in such ordinance | ||||||
7 | which do not alter the
basis upon which the balanced budget | ||||||
8 | determination was made by the Board
of the Authority may be | ||||||
9 | made from time to
time by the Suburban Bus Board.
| ||||||
10 | The budget shall:
| ||||||
11 | (i) show a balance between (A) anticipated revenues | ||||||
12 | from all sources including
operating subsidies and (B) the | ||||||
13 | costs of providing the services specified
and of funding | ||||||
14 | any operating deficits or encumbrances incurred in prior
| ||||||
15 | periods, including provision for payment when due of | ||||||
16 | principal and interest
on outstanding indebtedness;
| ||||||
17 | (ii) show cash balances including the proceeds of any | ||||||
18 | anticipated cash
flow borrowing sufficient to pay with | ||||||
19 | reasonable promptness all costs and
expenses as incurred;
| ||||||
20 | (iii) provide for a level of fares or charges and | ||||||
21 | operating or administrative
costs for the public | ||||||
22 | transportation provided by or subject to the jurisdiction
| ||||||
23 | of the Suburban Bus Board sufficient
to allow the Suburban | ||||||
24 | Bus Board to meet its required system generated revenues
| ||||||
25 | recovery ratio and, beginning with the 2007 fiscal year, | ||||||
26 | its system generated ADA paratransit services revenue |
| |||||||
| |||||||
1 | recovery ratio;
| ||||||
2 | (iv) be based upon and employ assumptions and | ||||||
3 | projections which are reasonable
and prudent;
| ||||||
4 | (v) have been prepared in accordance with sound | ||||||
5 | financial practices as
determined by the Board of the | ||||||
6 | Authority; and
| ||||||
7 | (vi) meet such other uniform financial, budgetary, or | ||||||
8 | fiscal requirements
that the Board of the Authority may by | ||||||
9 | rule or regulation establish ; and
.
| ||||||
10 | (vii) be consistent with the goals and objectives | ||||||
11 | adopted by the Regional Transportation Authority in the | ||||||
12 | Strategic Plan.
| ||||||
13 | (Source: P.A. 94-370, eff. 7-29-05.)
| ||||||
14 | (70 ILCS 3615/3A.11) (from Ch. 111 2/3, par. 703A.11)
| ||||||
15 | Sec. 3A.11. Citizens Advisory Board. The Suburban Bus Board | ||||||
16 | shall establish
a citizens advisory board composed of 10 | ||||||
17 | residents of those portions of
the metropolitan region in which | ||||||
18 | the Suburban Bus Board provides service
who have an interest in | ||||||
19 | public transportation. The members of the advisory
board shall | ||||||
20 | be named for 2 year terms, shall select one of their members
to | ||||||
21 | serve as chairman and shall serve without compensation. The | ||||||
22 | citizens
advisory board shall meet with the Suburban Bus Board | ||||||
23 | at least quarterly
and advise the Suburban Bus Board of the | ||||||
24 | impact of its policies and programs
on the communities it | ||||||
25 | serves. Appointments to the citizens advisory board should, to |
| |||||||
| |||||||
1 | the greatest extent possible, reflect the ethnic, cultural, and | ||||||
2 | geographic diversity of all persons residing within the | ||||||
3 | Suburban Bus Board's jurisdiction.
| ||||||
4 | (Source: P.A. 83-886.)
| ||||||
5 | (70 ILCS 3615/3A.14) (from Ch. 111 2/3, par. 703A.14)
| ||||||
6 | Sec. 3A.14. Labor. (a) The provisions of this Section apply | ||||||
7 | to collective
bargaining agreements (including extensions and | ||||||
8 | amendments of existing agreements)
entered into on or after | ||||||
9 | January 1, 1984.
| ||||||
10 | (b) The Suburban Bus Board
shall deal with and enter into | ||||||
11 | written contracts with their employees, through
accredited | ||||||
12 | representatives of such employees authorized to act for such
| ||||||
13 | employees concerning wages, salaries, hours, working | ||||||
14 | conditions, and pension
or retirement provisions about which a | ||||||
15 | collective bargaining agreement has
been entered prior to the | ||||||
16 | effective date of this amendatory Act of 1983.
Any such | ||||||
17 | agreement of the Suburban Bus Board shall provide that the | ||||||
18 | agreement
may be reopened if the amended budget submitted | ||||||
19 | pursuant to Section 2.18a
of this Act is not approved by the | ||||||
20 | Board of the Authority.
The agreement may not include a | ||||||
21 | provision requiring the payment of wage
increases based on | ||||||
22 | changes in the Consumer Price Index.
The Suburban Bus Board | ||||||
23 | shall not have the
authority to enter collective bargaining | ||||||
24 | agreements with respect to inherent
management rights, which | ||||||
25 | include such areas of discretion or policy as the
functions of |
| |||||||
| |||||||
1 | the employer, standards of services, its overall budget, the
| ||||||
2 | organizational structure and selection of new employees and | ||||||
3 | direction of
personnel. Employers, however, shall be required | ||||||
4 | to bargain collectively
with regard to policy matters directly | ||||||
5 | affecting wages, hours and terms
and conditions of employment, | ||||||
6 | as well as the impact thereon, upon request
by employee | ||||||
7 | representatives. To preserve the rights of employers and | ||||||
8 | exclusive
representatives which have established collective | ||||||
9 | bargaining relationships
or negotiated collective bargaining | ||||||
10 | agreements prior to the effective date
of this amendatory Act | ||||||
11 | of 1983, employers shall be required to bargain collectively
| ||||||
12 | with regard to any matter concerning wages, hours or conditions | ||||||
13 | of employment
about which they have bargained prior to the | ||||||
14 | effective date of this amendatory
Act of 1983.
| ||||||
15 | (c) The collective bargaining agreement may not include a | ||||||
16 | prohibition on
the use of part-time operators on any service | ||||||
17 | operated by
the Suburban Bus Board except where prohibited by | ||||||
18 | federal law.
| ||||||
19 | (d) Within 30 days of the signing of any such collective | ||||||
20 | bargaining agreement,
the Suburban Bus Board shall determine | ||||||
21 | the costs of each provision of the
agreement, prepare an | ||||||
22 | amended budget incorporating the costs of the agreement,
and | ||||||
23 | present the amended budget
to the Board of the Authority for | ||||||
24 | its approval under Section 4.11. The
Board may approve the | ||||||
25 | amended budget by an affirmative vote of 12
9 of its
then | ||||||
26 | Directors. If the budget is not approved by the Board of the |
| |||||||
| |||||||
1 | Authority,
the agreement may be reopened and its terms may be | ||||||
2 | renegotiated. Any amended
budget which may be prepared
| ||||||
3 | following renegotiation shall be presented to the Board of the | ||||||
4 | Authority
for its approval in like manner.
| ||||||
5 | (Source: P.A. 83-886.)
| ||||||
6 | (70 ILCS 3615/3B.02) (from Ch. 111 2/3, par. 703B.02)
| ||||||
7 | Sec. 3B.02. Commuter Rail Board. | ||||||
8 | (a) Until January 1, 2008, the
The governing body of the | ||||||
9 | Commuter
Rail Division shall be a board consisting of 7 | ||||||
10 | directors appointed pursuant
to Sections 3B.03 and 3B.04, as | ||||||
11 | follows:
| ||||||
12 | (1)
(a) One director shall be appointed by the Chairman | ||||||
13 | of the Board of DuPage
County with the advice and consent | ||||||
14 | of the County Board of DuPage County
and shall reside in | ||||||
15 | DuPage County .
;
| ||||||
16 | (2)
(b) Two directors appointed by the Chairmen of the | ||||||
17 | County Boards of Kane,
Lake, McHenry and Will Counties with | ||||||
18 | the concurrence of not less than a
majority of the chairmen | ||||||
19 | from such counties, from nominees by the Chairmen.
Each | ||||||
20 | such chairman may nominate not more than two persons for | ||||||
21 | each position.
Each such director shall reside in a county | ||||||
22 | in the metropolitan region other
than Cook or DuPage | ||||||
23 | County.
| ||||||
24 | (3)
(c) Three directors appointed by the members of the | ||||||
25 | Cook County Board elected
from that part of Cook County |
| |||||||
| |||||||
1 | outside of Chicago, or, in the event such Board
of | ||||||
2 | Commissioners becomes elected from single member | ||||||
3 | districts, by those
Commissioners elected from districts, | ||||||
4 | a majority of the residents of which
reside outside | ||||||
5 | Chicago. In either case, such appointment shall be with
the | ||||||
6 | concurrence of four such Commissioners. Each such director | ||||||
7 | shall reside
in that part of Cook County outside Chicago.
| ||||||
8 | (4)
(d) One director appointed by the Mayor of the City | ||||||
9 | of Chicago, with the
advice and consent of the City Council | ||||||
10 | of the City of Chicago. Such director
shall reside in the | ||||||
11 | City of Chicago.
| ||||||
12 | (5) The chairman shall be appointed by the directors, | ||||||
13 | from the members of
the board, with the concurrence of 5 of | ||||||
14 | such directors.
| ||||||
15 | (b) After January 1, 2008 the governing body of the | ||||||
16 | Commuter Rail Division shall be a board consisting of 11 | ||||||
17 | directors appointed, pursuant to Sections 3B.03 and 3B.04, as | ||||||
18 | follows:
| ||||||
19 | (1) One Director shall be appointed by the Chairman of | ||||||
20 | the DuPage County Board with the advice and consent of the | ||||||
21 | DuPage County Board and shall reside in DuPage County. To | ||||||
22 | implement the changes in appointing authority under this | ||||||
23 | Section, upon the expiration of the term of or vacancy in | ||||||
24 | office of the Director appointed under item (1) of | ||||||
25 | subsection (a) of this Section who resides in DuPage | ||||||
26 | County, a Director shall be appointed under this |
| |||||||
| |||||||
1 | subparagraph.
| ||||||
2 | (2) One Director shall be appointed by the Chairman of | ||||||
3 | the McHenry County Board with the advice and consent of the | ||||||
4 | McHenry County Board and shall reside in McHenry County. To | ||||||
5 | implement the change in appointing authority under this | ||||||
6 | Section, upon the expiration of the term of or vacancy in | ||||||
7 | office of the Director appointed under item (2) of | ||||||
8 | subsection (a) of this Section who resides in McHenry | ||||||
9 | County, a Director shall be appointed under this | ||||||
10 | subparagraph.
| ||||||
11 | (3) One Director shall be appointed by the Will County | ||||||
12 | Executive with the advice and consent of the Will County | ||||||
13 | Board and shall reside in Will County. To implement the | ||||||
14 | change in appointing authority under this Section, upon the | ||||||
15 | expiration of the term of or vacancy in office of the | ||||||
16 | Director appointed under item (2) of subsection (a) of this | ||||||
17 | Section who resides in Will County, a Director shall be | ||||||
18 | appointed under this subparagraph.
| ||||||
19 | (4) One Director shall be appointed by the Chairman of | ||||||
20 | the Lake County Board with the advice and consent of the | ||||||
21 | Lake County Board and shall reside in Lake County.
| ||||||
22 | (5) One Director shall be appointed by the Chairman of | ||||||
23 | the Kane County Board with the advice and consent of the | ||||||
24 | Kane County Board and shall reside in Kane County.
| ||||||
25 | (6) One Director shall be appointed by the Mayor of the | ||||||
26 | City of Chicago with the advice and consent of the City |
| |||||||
| |||||||
1 | Council of the City of Chicago and shall reside in the City | ||||||
2 | of Chicago. To implement the changes in appointing | ||||||
3 | authority under this Section, upon the expiration of the | ||||||
4 | term of or vacancy in office of the Director appointed | ||||||
5 | under item (4) of subsection (a) of this Section who | ||||||
6 | resides in the City of Chicago, a Director shall be | ||||||
7 | appointed under this subparagraph.
| ||||||
8 | (7) Five Directors residing in Cook County outside of | ||||||
9 | the City of Chicago, as follows: | ||||||
10 | (i) One Director who resides in Cook County outside | ||||||
11 | of the City of Chicago, appointed by the President of | ||||||
12 | the Cook County Board with the advice and consent of | ||||||
13 | the members of the Cook County Board. | ||||||
14 | (ii) One Director who resides in the township of | ||||||
15 | Barrington, Palatine, Wheeling, Hanover, Schaumburg, | ||||||
16 | or Elk Grove. To implement the changes in appointing | ||||||
17 | authority under this Section, upon the expiration of | ||||||
18 | the term of or vacancy in office of the Director | ||||||
19 | appointed under paragraph (3) of subsection (a) of this | ||||||
20 | Section who resides in the geographic area described in | ||||||
21 | this subparagraph, a Director shall be appointed under | ||||||
22 | this subparagraph. | ||||||
23 | (iii) One Director who resides in the township of | ||||||
24 | Northfield, New Trier, Maine, Niles, Evanston, Leyden, | ||||||
25 | Norwood Park, River Forest, or Oak Park. | ||||||
26 | (iv) One Director who resides in the township of |
| |||||||
| |||||||
1 | Proviso, Riverside, Berwyn, Cicero, Lyons, Stickney, | ||||||
2 | Lemont, Palos, or Orland. To implement the changes in | ||||||
3 | appointing authority under this Section, upon the | ||||||
4 | expiration of the term of or vacancy in office of the | ||||||
5 | Director appointed under paragraph (3) of subsection | ||||||
6 | (a) of this Section who resides in the geographic area | ||||||
7 | described in this subparagraph and whose term of office | ||||||
8 | had not expired as of August 1, 2007, a Director shall | ||||||
9 | be appointed under this subparagraph. | ||||||
10 | (v) One Director who resides in the township of | ||||||
11 | Worth, Calumet, Bremen, Thornton, Rich, or Bloom. To | ||||||
12 | implement the changes in appointing authority under | ||||||
13 | this Section, upon the expiration of the term of or | ||||||
14 | vacancy in office of the Director appointed under | ||||||
15 | paragraph (3) of subsection (a) of this Section who | ||||||
16 | resides in the geographic area described in this | ||||||
17 | subparagraph and whose term of office had expired as of | ||||||
18 | August 1, 2007, a Director shall be appointed under | ||||||
19 | this subparagraph. | ||||||
20 | (vi) The Directors identified under the provisions | ||||||
21 | of subparagraphs (ii) through (v) of this paragraph (7) | ||||||
22 | shall be appointed by the members of the Cook County | ||||||
23 | Board. Each individual Director shall be appointed by | ||||||
24 | those members of the Cook County Board whose Board | ||||||
25 | districts overlap in whole or in part with the | ||||||
26 | geographic territory described in the relevant |
| |||||||
| |||||||
1 | subparagraph. The vote of County Board members | ||||||
2 | eligible to appoint directors under the provisions of | ||||||
3 | subparagraphs (ii) through (v) of this paragraph (7) | ||||||
4 | shall be weighted by the number of electors residing in | ||||||
5 | those portions of their Board districts within the | ||||||
6 | geographic territory described in the relevant | ||||||
7 | subparagraph (ii) through (v) of this paragraph (7).
| ||||||
8 | (8) The chairman shall be appointed by the directors, | ||||||
9 | from the members of the board, with the concurrence of 8 of | ||||||
10 | such directors. To implement the changes in appointing | ||||||
11 | authority under this Section, upon the expiration of the | ||||||
12 | term of or vacancy in office of the Chairman appointed | ||||||
13 | under item (5) of subsection (a) of this Section, a | ||||||
14 | Chairman shall be appointed under this subparagraph.
| ||||||
15 | (c) No director, while serving as such, shall be an | ||||||
16 | officer, a member of the
board of directors or trustee or an | ||||||
17 | employee of any transportation agency,
or be an employee of the | ||||||
18 | State of Illinois or any department or agency thereof,
or of | ||||||
19 | any unit of local government or receive any compensation from | ||||||
20 | any
elected or appointed office under the Constitution and laws | ||||||
21 | of Illinois.
| ||||||
22 | (d) Each appointment made under subsections (a) and (b) of | ||||||
23 | this Section
paragraphs (a) through (d) and under Section
3B.03 | ||||||
24 | shall be certified by the appointing authority to the Commuter | ||||||
25 | Rail Board
which shall maintain the certifications as part of | ||||||
26 | the official records
of the Commuter Rail Board ; provided that |
| |||||||
| |||||||
1 | the initial appointments shall
be certified to the Secretary of | ||||||
2 | State, who shall transmit the certifications
to the Commuter | ||||||
3 | Rail Board following its organization .
| ||||||
4 | Appointments to the Commuter Rail Board shall be | ||||||
5 | apportioned so as to represent
the City of Chicago, that part | ||||||
6 | of Cook County outside of the City of Chicago,
and DuPage | ||||||
7 | County and that part of the metropolitan region other than Cook
| ||||||
8 | and DuPage Counties based on morning boardings of the services | ||||||
9 | provided
by the Commuter Rail Division as certified to the
| ||||||
10 | Board of the Authority by the Commuter Rail Board, provided | ||||||
11 | however that
the Mayor of the City of Chicago shall appoint no | ||||||
12 | fewer than 1 member of
the Commuter Rail Board. Within two | ||||||
13 | years after each federal decennial
census, the Board of the | ||||||
14 | Authority shall review the composition of the Commuter
Rail | ||||||
15 | Board and, if change is needed to comply with this requirement, | ||||||
16 | shall
provide for the necessary reapportionment by July 1 of | ||||||
17 | the second year after
such census. Insofar as may be | ||||||
18 | practicable, the changes in board membership
necessary to | ||||||
19 | achieve this purpose shall take effect as appropriate members
| ||||||
20 | terms expire, no member's term being reduced by reason of such | ||||||
21 | revision
of the composition of the Commuter Rail Board.
| ||||||
22 | (Source: P.A. 83-886.)
| ||||||
23 | (70 ILCS 3615/3B.03) (from Ch. 111 2/3, par. 703B.03)
| ||||||
24 | Sec. 3B.03. Terms, Vacancies. Each
The initial term of the | ||||||
25 | director appointed
pursuant to subdivision (a) of Section 3B.02 |
| |||||||
| |||||||
1 | and the initial
term of one of the directors appointed pursuant | ||||||
2 | to subdivision (b) of
Section 3B.02 shall expire on June 30, | ||||||
3 | 1985;
the initial term of one of the directors appointed | ||||||
4 | pursuant to
subdivision (b) of Section 3B.02 and the initial | ||||||
5 | term of one of the
directors appointed pursuant to subdivision | ||||||
6 | (c) of Section
3B.02 shall expire on June 30, 1986; the initial | ||||||
7 | terms of two of the
directors appointed pursuant to subdivision | ||||||
8 | (c) of Section 3B.02
shall expire on June 30, 1987; the initial | ||||||
9 | term of the director appointed
pursuant to subdivision (d) of | ||||||
10 | Section 3B.02
shall expire on June 30, 1988. Thereafter, each
| ||||||
11 | director shall be appointed
for a term of 4 years, and until | ||||||
12 | his successor has been appointed and
qualified. A vacancy shall | ||||||
13 | occur upon the resignation, death, conviction
of a felony, or | ||||||
14 | removal from office of a director. Any director may be
removed | ||||||
15 | from office upon the concurrence of not less than 8 6 | ||||||
16 | directors, on
a formal finding of incompetence, neglect of | ||||||
17 | duty, or malfeasance in office.
Within 30 days after the office | ||||||
18 | of any director becomes vacant for any reason,
the appropriate | ||||||
19 | appointing authorities of such director, as provided
in Section | ||||||
20 | 3B.02, shall make an appointment to
fill the vacancy. A vacancy | ||||||
21 | shall be filled for the unexpired term.
| ||||||
22 | (Source: P.A. 84-939.)
| ||||||
23 | (70 ILCS 3615/3B.05) (from Ch. 111 2/3, par. 703B.05)
| ||||||
24 | Sec. 3B.05. Appointment of officers and employees. The | ||||||
25 | Commuter Rail
Board shall appoint an Executive Director who |
| |||||||
| |||||||
1 | shall
be the chief executive officer of the Division, | ||||||
2 | appointed, retained or dismissed
with the concurrence of 8
6 of | ||||||
3 | the directors of the Commuter Rail Board.
The Executive | ||||||
4 | Director shall appoint, retain and employ officers, attorneys,
| ||||||
5 | agents, engineers, employees and shall organize the staff, | ||||||
6 | shall allocate
their functions and duties, fix compensation and | ||||||
7 | conditions of employment,
and consistent with the policies
of | ||||||
8 | and direction from the Commuter Rail Board take all actions | ||||||
9 | necessary
to achieve its purposes, fulfill its | ||||||
10 | responsibilities and carry out its
powers, and shall have
such | ||||||
11 | other powers and responsibilities as the Commuter Rail Board | ||||||
12 | shall
determine. The Executive Director shall be an individual | ||||||
13 | of proven transportation
and management skills and may not be a | ||||||
14 | member of the Commuter Rail Board.
The Division may employ its | ||||||
15 | own professional management personnel to provide
professional | ||||||
16 | and technical expertise concerning its purposes and powers
and | ||||||
17 | to assist it in assessing the performance of transportation | ||||||
18 | agencies
in the metropolitan region.
| ||||||
19 | No unlawful discrimination, as defined and prohibited in | ||||||
20 | the Illinois Human
Rights Act, shall be made in any term or | ||||||
21 | aspect of employment nor shall
there be discrimination based | ||||||
22 | upon political reasons or factors. The Commuter
Rail Board | ||||||
23 | shall establish regulations to insure that its discharges shall
| ||||||
24 | not be arbitrary and that hiring and promotion are based on | ||||||
25 | merit.
| ||||||
26 | The Division shall be subject to the "Illinois Human Rights |
| |||||||
| |||||||
1 | Act", as now
or hereafter amended, and the remedies and | ||||||
2 | procedure established thereunder.
The Commuter Rail Board | ||||||
3 | shall file an affirmative action program for employment
by it | ||||||
4 | with the Department of Human Rights to ensure that applicants | ||||||
5 | are
employed and that employees are treated during employment, | ||||||
6 | without regard
to unlawful discrimination. Such affirmative | ||||||
7 | action program shall include
provisions relating to hiring, | ||||||
8 | upgrading, demotion, transfer, recruitment,
recruitment | ||||||
9 | advertising, selection for training and rates of pay or other
| ||||||
10 | forms of compensation.
| ||||||
11 | (Source: P.A. 83-885; 83-886.)
| ||||||
12 | (70 ILCS 3615/3B.07) (from Ch. 111 2/3, par. 703B.07)
| ||||||
13 | Sec. 3B.07. Meetings. The Commuter Rail Board shall | ||||||
14 | prescribe the times
and places for meetings and the manner in | ||||||
15 | which special meetings may be
called. The Commuter Rail Board | ||||||
16 | shall comply in all respects with the "Open
Meetings Act", as | ||||||
17 | now or hereafter amended. All records, documents and
papers of | ||||||
18 | the Commuter Rail Division, other than those relating to | ||||||
19 | matters
concerning which closed sessions of the Commuter Rail | ||||||
20 | Board may be held,
shall be available for public examination, | ||||||
21 | subject to such reasonable regulations
as the board may adopt.
| ||||||
22 | A majority of the members shall constitute a quorum for the | ||||||
23 | conduct of
business. The affirmative votes of at least 6
4 | ||||||
24 | members shall be necessary
for any action required by this Act | ||||||
25 | to be taken by ordinance.
|
| |||||||
| |||||||
1 | (Source: P.A. 83-886.)
| ||||||
2 | (70 ILCS 3615/3B.09) (from Ch. 111 2/3, par. 703B.09)
| ||||||
3 | Sec. 3B.09. General Powers. In addition to any powers | ||||||
4 | elsewhere provided
to the Commuter Rail Board, it shall have | ||||||
5 | all of the powers specified in
Section 2.20 of this Act except | ||||||
6 | for the powers specified in Section 2.20(a)(v).
The Board shall | ||||||
7 | also have the power:
| ||||||
8 | (a) to cooperate with the Regional Transportation | ||||||
9 | Authority in the
exercise by the Regional Transportation | ||||||
10 | Authority of all the powers granted
it by such Act;
| ||||||
11 | (b) to receive funds from the Regional Transportation | ||||||
12 | Authority
pursuant to Sections 2.02, 4.01, 4.02, 4.09 and
4.10 | ||||||
13 | of the "Regional Transportation Authority Act", all as provided | ||||||
14 | in the
"Regional Transportation Authority Act"; and
| ||||||
15 | (c) to receive financial grants from the Regional | ||||||
16 | Transportation
Authority or a Service Board, as defined in the | ||||||
17 | "Regional Transportation
Authority Act", upon such terms and | ||||||
18 | conditions as shall be set forth in a
grant contract between | ||||||
19 | either the Division and the Regional Transportation
Authority | ||||||
20 | or the Division and another Service Board, which contract or
| ||||||
21 | agreement may be for such number of years or duration as the | ||||||
22 | parties may
agree, all as provided in the "Regional | ||||||
23 | Transportation Authority Act" ; and .
| ||||||
24 | (d) to borrow money for the purpose of acquiring, | ||||||
25 | constructing, reconstructing, extending, or improving any |
| |||||||
| |||||||
1 | Public Transportation Facilities (as defined in Section 1.03 of | ||||||
2 | the Regional Transportation Authority Act) operated by or to be | ||||||
3 | operated by or on behalf of the Commuter Rail Division. For the | ||||||
4 | purpose of evidencing the obligation of the Commuter Rail Board | ||||||
5 | to repay any money borrowed as provided in this subsection, the | ||||||
6 | Commuter Rail Board may issue revenue bonds from time to time | ||||||
7 | pursuant to ordinance adopted by the Commuter Rail Board, | ||||||
8 | subject to the approval of the Regional Transportation | ||||||
9 | Authority of each such issuance by the affirmative vote of 12 | ||||||
10 | of its then Directors; provided that the Commuter Rail Board | ||||||
11 | may not issue bonds for the purpose of financing the | ||||||
12 | acquisition, construction, or improvement of a corporate | ||||||
13 | headquarters building. All such bonds shall be payable solely | ||||||
14 | from the revenues or income or any other funds that the | ||||||
15 | Commuter Rail Board may receive, provided that the Commuter | ||||||
16 | Rail Board may not pledge as security for such bonds the | ||||||
17 | moneys, if any, that the Commuter Rail Board receives from the | ||||||
18 | Regional Transportation Authority pursuant to Section | ||||||
19 | 4.03.3(d) of the Regional Transportation Authority Act. The | ||||||
20 | bonds shall bear interest at a rate not to exceed the maximum | ||||||
21 | rate authorized by the Bond Authorization Act and shall mature | ||||||
22 | at such time or times not exceeding 25 years from their | ||||||
23 | respective dates. Bonds issued pursuant to this paragraph must | ||||||
24 | be issued with scheduled principal or mandatory redemption | ||||||
25 | payments in equal amounts in each fiscal year over the term of | ||||||
26 | the bonds, with the first principal or mandatory redemption |
| |||||||
| |||||||
1 | payment scheduled within the fiscal year in which bonds are | ||||||
2 | issued or within the next succeeding fiscal year. At least 25%, | ||||||
3 | based on total principal amount, of all bonds authorized | ||||||
4 | pursuant to this Section shall be sold pursuant to notice of | ||||||
5 | sale and public bid. No more than 75%, based on total principal | ||||||
6 | amount, of all bonds authorized pursuant to this Section shall | ||||||
7 | be sold by negotiated sale. The maximum principal amount of the | ||||||
8 | bonds that may be issued and outstanding at any time may not | ||||||
9 | exceed $1,000,000,000. The bonds shall have all the qualities | ||||||
10 | of negotiable instruments under the laws of this State. To | ||||||
11 | secure the payment of any or all of such bonds and for the | ||||||
12 | purpose of setting forth the covenants and undertakings of the | ||||||
13 | Commuter Rail Board in connection with the issuance thereof and | ||||||
14 | the issuance of any additional bonds payable from such revenue | ||||||
15 | or income as well as the use and application of the revenue or | ||||||
16 | income received by the Commuter Rail Board, the Commuter Rail | ||||||
17 | Board may execute and deliver a trust agreement or agreements; | ||||||
18 | provided that no lien upon any physical property of the | ||||||
19 | Commuter Rail Board shall be created thereby. A remedy for any | ||||||
20 | breach or default of the terms of any such trust agreement by | ||||||
21 | the Commuter Rail Board may be by mandamus proceedings in any | ||||||
22 | court of competent jurisdiction to compel performance and | ||||||
23 | compliance therewith, but the trust agreement may prescribe by | ||||||
24 | whom or on whose behalf such action may be instituted. Under no | ||||||
25 | circumstances shall any bonds issued by the Commuter Rail Board | ||||||
26 | or any other obligation of the Commuter Rail Board in |
| |||||||
| |||||||
1 | connection with the issuance of such bonds be or become an | ||||||
2 | indebtedness or obligation of the State of Illinois, the | ||||||
3 | Regional Transportation Authority, or any other political | ||||||
4 | subdivision of or municipality within the State, nor shall any | ||||||
5 | such bonds or obligations be or become an indebtedness of the | ||||||
6 | Commuter Rail Board within the purview of any constitutional | ||||||
7 | limitation or provision, and it shall be plainly stated on the | ||||||
8 | face of each bond that it does not constitute such an | ||||||
9 | indebtedness or obligation but is payable solely from the | ||||||
10 | revenues or income as aforesaid.
| ||||||
11 | (Source: P.A. 83-885; 83-886.)
| ||||||
12 | (70 ILCS 3615/3B.10) (from Ch. 111 2/3, par. 703B.10)
| ||||||
13 | Sec. 3B.10. Budget and Program. The Commuter Rail Board, | ||||||
14 | subject to
the powers of the Authority in Section 4.11, shall | ||||||
15 | control the finances
of the Division. It shall by ordinance | ||||||
16 | appropriate money to perform the
Division's purposes and | ||||||
17 | provide for payment of debts and expenses of the
Division. Each | ||||||
18 | year the Commuter Rail Board shall prepare and publish a
| ||||||
19 | comprehensive annual budget and proposed five-year capital
| ||||||
20 | program document, and a financial plan for
the two years | ||||||
21 | thereafter describing the state of the Division and presenting
| ||||||
22 | for the forthcoming fiscal year and the two following years the | ||||||
23 | Commuter
Rail Board's plans for such operations and capital | ||||||
24 | expenditures as the Commuter
Rail Board intends to undertake | ||||||
25 | and the means by which it intends to finance
them. The proposed |
| |||||||
| |||||||
1 | budget ,
and financial plan , and five-year capital program shall | ||||||
2 | be based on the Authority's
estimate of funds to be made | ||||||
3 | available to the Commuter Rail Board by or through
the | ||||||
4 | Authority and shall conform in all respects to the requirements | ||||||
5 | established
by the Authority. The proposed program and budget , | ||||||
6 | financial plan, and five-year capital program shall contain a | ||||||
7 | statement
of the funds estimated to be on hand at the beginning | ||||||
8 | of the fiscal year,
the funds estimated to be received from all | ||||||
9 | sources for such year and the
funds estimated to be on hand at | ||||||
10 | the end of such year.
After adoption of the Authority's first | ||||||
11 | Five-Year Program, as provided in
Section 2.01 of this Act, the | ||||||
12 | proposed program and budget shall specifically
identify any | ||||||
13 | respect in which the recommended program deviates from the
| ||||||
14 | Authority's then existing Five-Year Program, giving the | ||||||
15 | reasons for such
deviation. The fiscal year of the Division | ||||||
16 | shall be the same as the fiscal
year of the Authority. Before | ||||||
17 | the proposed budget ,
and program and financial
plan , and | ||||||
18 | five-year capital program are submitted to the Authority, the | ||||||
19 | Commuter Rail Board shall hold
at least one public hearing | ||||||
20 | thereon in each of the counties in the metropolitan
region in | ||||||
21 | which the Division provides service. The Commuter Rail Board
| ||||||
22 | shall hold at least one meeting for consideration of the | ||||||
23 | proposed program
and budget , financial plan, and five-year | ||||||
24 | capital plan with the county board of each of the several | ||||||
25 | counties in the
metropolitan region in which the Division | ||||||
26 | provides service. After conducting
such hearings and holding |
| |||||||
| |||||||
1 | such meetings and after making such changes in
the proposed | ||||||
2 | program and budget , financial plan, and five-year capital plan
| ||||||
3 | as the Commuter Rail Board deems appropriate,
the board shall | ||||||
4 | adopt its annual budget ordinance at least by November 15 next
| ||||||
5 | preceding
the beginning of each fiscal year. The budget ,
and | ||||||
6 | program, and financial
plan , and five-year capital program
| ||||||
7 | shall then be submitted to the Authority as provided in Section | ||||||
8 | 4.11.
In the event that the Board of the Authority determines | ||||||
9 | that the budget
and program, and financial plan do not meet the | ||||||
10 | standards of Section 4.11,
the Commuter Rail Board shall make | ||||||
11 | such changes as are necessary to meet
such requirements and | ||||||
12 | adopt an amended budget ordinance. The amended budget
ordinance | ||||||
13 | shall be resubmitted to the Authority pursuant to Section 4.11. | ||||||
14 | The ordinance
shall appropriate such sums of money as are | ||||||
15 | deemed necessary to defray all
necessary expenses and | ||||||
16 | obligations of the Division, specifying purposes
and the | ||||||
17 | objects or programs for which appropriations are made and the | ||||||
18 | amount
appropriated for each object or program. Additional | ||||||
19 | appropriations, transfers
between items and other changes in | ||||||
20 | such ordinance which do not alter the
basis upon which the | ||||||
21 | balanced budget determination was made by the Board
of the | ||||||
22 | Authority may be made from time to time by the Commuter Rail | ||||||
23 | Board.
| ||||||
24 | The budget shall:
| ||||||
25 | (i) show a balance between (A) anticipated revenues from | ||||||
26 | all sources including
operating subsidies and (B) the costs of |
| |||||||
| |||||||
1 | providing the services specified
and of funding any operating | ||||||
2 | deficits or encumbrances incurred in prior
periods, including | ||||||
3 | provision for payment when due of principal and interest
on | ||||||
4 | outstanding indebtedness;
| ||||||
5 | (ii) show cash balances including the proceeds of any | ||||||
6 | anticipated cash
flow borrowing sufficient to pay with | ||||||
7 | reasonable promptness all costs
and expenses as incurred;
| ||||||
8 | (iii) provide for a level of fares or charges for the | ||||||
9 | public transportation
provided by or subject to the | ||||||
10 | jurisdiction of such Commuter Rail Board sufficient
to allow | ||||||
11 | the Commuter Rail Board to meet its required system generated
| ||||||
12 | revenue recovery ratio;
| ||||||
13 | (iv) be based upon and employ assumptions and projections | ||||||
14 | which the Board
of the Authority finds to be reasonable and | ||||||
15 | prudent;
| ||||||
16 | (v) have been prepared in accordance with sound financial | ||||||
17 | practices as
determined by the Board of the Authority; and
| ||||||
18 | (vi) meet such other uniform financial, budgetary, or | ||||||
19 | fiscal requirements
that the Board of the Authority may by rule | ||||||
20 | or regulation establish ; and
.
| ||||||
21 | (vii) be consistent with the goals and objectives adopted | ||||||
22 | by the Regional Transportation Authority in the Strategic Plan.
| ||||||
23 | (Source: P.A. 83-885; 83-886.)
| ||||||
24 | (70 ILCS 3615/3B.11) (from Ch. 111 2/3, par. 703B.11)
| ||||||
25 | Sec. 3B.11. Citizens Advisory Board. The Commuter Rail |
| |||||||
| |||||||
1 | Board shall
establish a citizens advisory board composed of ten | ||||||
2 | residents of those portions
of the metropolitan region in which | ||||||
3 | the Commuter Rail Board provides service
who have an interest | ||||||
4 | in public transportation. The members of the advisory
board | ||||||
5 | shall be named for two year terms, shall select one of their | ||||||
6 | members
to serve as chairman and shall serve without | ||||||
7 | compensation. The citizens
advisory board shall meet with the | ||||||
8 | Commuter Rail Board at least quarterly
and advise the Commuter | ||||||
9 | Rail Board of the impact of its policies and programs
on the | ||||||
10 | communities it serves. Appointments to the citizens advisory | ||||||
11 | board should, to the greatest extent possible, reflect the | ||||||
12 | ethnic, cultural, and geographic diversity of all persons | ||||||
13 | residing within the Commuter Rail Division's jurisdiction.
| ||||||
14 | (Source: P.A. 83-886.)
| ||||||
15 | (70 ILCS 3615/3B.12) (from Ch. 111 2/3, par. 703B.12)
| ||||||
16 | Sec. 3B.12. Working Cash Borrowing. The Commuter Rail Board | ||||||
17 | with the
affirmative vote of 7
5 of its Directors may demand | ||||||
18 | and direct the Board
of the Authority to issue Working Cash | ||||||
19 | Notes at such time and in such amounts
and having such | ||||||
20 | maturities as the Commuter Rail Board deems proper, provided
| ||||||
21 | however any such borrowing shall have been specifically | ||||||
22 | identified in the
budget of the Commuter Rail Board as approved | ||||||
23 | by the Board of the Authority.
Provided further, that the | ||||||
24 | Commuter Rail Board may not demand and direct the Board
of the | ||||||
25 | Authority to have issued and have outstanding at any time in |
| |||||||
| |||||||
1 | excess of
$20,000,000 in Working Cash Notes.
| ||||||
2 | (Source: P.A. 83-886.)
| ||||||
3 | (70 ILCS 3615/3B.13) (from Ch. 111 2/3, par. 703B.13)
| ||||||
4 | Sec. 3B.13. Labor. | ||||||
5 | (a) The provisions of this Section apply to collective
| ||||||
6 | bargaining agreements (including extensions and amendments of | ||||||
7 | existing
agreements) entered into on or after January 1, 1984. | ||||||
8 | This Section does not
apply to collective bargaining agreements | ||||||
9 | that are subject to the
provisions of the Railway Labor Act, as | ||||||
10 | now or hereafter amended.
| ||||||
11 | (b) The Commuter Rail Board shall deal with and enter into | ||||||
12 | written
contracts with their employees, through accredited | ||||||
13 | representatives of such
employees authorized to act for such | ||||||
14 | employees concerning wages, salaries,
hours, working | ||||||
15 | conditions,
and pension or retirement provisions about which a | ||||||
16 | collective bargaining
agreement has been entered prior to the | ||||||
17 | effective date of this amendatory
Act of 1983. Any such | ||||||
18 | agreement of the Commuter Rail Board shall provide
that the | ||||||
19 | agreement may be reopened if the amended budget submitted | ||||||
20 | pursuant
to Section 2.18a of this Act is not approved by the | ||||||
21 | Board of the Authority.
The agreement may not include a | ||||||
22 | provision requiring the payment of wage
increases based on | ||||||
23 | changes in the Consumer Price Index.
The Commuter Rail Board | ||||||
24 | shall not have the authority to enter collective
bargaining | ||||||
25 | agreements with respect to inherent management rights which |
| |||||||
| |||||||
1 | include
such areas of discretion or policy as the functions of | ||||||
2 | the employer, standards
of services, its overall budget, the | ||||||
3 | organizational structure and selection
of new employees and | ||||||
4 | direction of personnel. Employers, however, shall
be required | ||||||
5 | to bargain collectively with regard to policy matters directly
| ||||||
6 | affecting wages, hours and terms and conditions of employment, | ||||||
7 | as well as
the impact thereon, upon request by employee | ||||||
8 | representatives. To preserve
the rights of the Commuter Rail | ||||||
9 | Board and exclusive representatives which
have established | ||||||
10 | collective bargaining relationships or negotiated
collective | ||||||
11 | bargaining agreements prior to the effective date of this
| ||||||
12 | amendatory Act of 1983, the Commuter Rail Board shall be | ||||||
13 | required to
bargain collectively with regard to any matter | ||||||
14 | concerning wages, hours or
conditions of employment about which | ||||||
15 | they have bargained prior to the
effective date of this | ||||||
16 | amendatory Act of 1983.
| ||||||
17 | (c) The collective bargaining agreement may not include a | ||||||
18 | prohibition
on the use of part-time operators on any service | ||||||
19 | operated by the Commuter
Rail Board except where prohibited by | ||||||
20 | federal law.
| ||||||
21 | (d) Within 30 days of the signing of any such collective | ||||||
22 | bargaining
agreement, the Commuter Rail Board shall determine | ||||||
23 | the costs of each
provision of the agreement, prepare an | ||||||
24 | amended budget incorporating the
costs of the agreement, and | ||||||
25 | present the amended budget to the Board of the
Authority for | ||||||
26 | its approval under Section 4.11. The Board may approve the
|
| |||||||
| |||||||
1 | amended budget by an affirmative vote of 12
9 of its then | ||||||
2 | Directors. If the
budget is not approved by the Board of the | ||||||
3 | Authority, the agreement may be
reopened and its terms may be | ||||||
4 | renegotiated. Any amended budget which may be
prepared | ||||||
5 | following renegotiation shall be presented to the Board of the
| ||||||
6 | Authority for its approval in like manner.
| ||||||
7 | (Source: P.A. 84-1308.)
| ||||||
8 | (70 ILCS 3615/4.01) (from Ch. 111 2/3, par. 704.01)
| ||||||
9 | Sec. 4.01. Budget and Program.
| ||||||
10 | (a) The Board shall control the finances
of the Authority. | ||||||
11 | It shall by ordinance adopted by the affirmative vote of at | ||||||
12 | least 12 of its then Directors (i) appropriate money to perform | ||||||
13 | the
Authority's purposes and provide for payment of debts and | ||||||
14 | expenses of
the Authority , (ii) take action with respect to the | ||||||
15 | budget and two-year financial plan of each Service Board, as | ||||||
16 | provided in Section 4.11, and (iii) adopt an Annual Budget and | ||||||
17 | Two-Year Financial Plan for the Authority that includes the | ||||||
18 | annual budget and two-year financial plan of each Service Board | ||||||
19 | that has been approved by the Authority . Each year the | ||||||
20 | Authority shall prepare and publish a
comprehensive annual | ||||||
21 | budget and program document describing the state of
the | ||||||
22 | Authority and presenting for the forthcoming fiscal year the
| ||||||
23 | Authority's plans for such operations and capital expenditures | ||||||
24 | as the
Authority intends to undertake and the means by which it | ||||||
25 | intends to
finance them. The Annual Budget and Two-Year |
| |||||||
| |||||||
1 | Financial Plan
proposed program and budget shall contain a | ||||||
2 | statement
of the funds estimated to be on hand for the | ||||||
3 | Authority and each Service Board at the beginning of the fiscal
| ||||||
4 | year, the funds estimated to be received from all sources for | ||||||
5 | such year , the estimated expenses and obligations of the | ||||||
6 | Authority and each Service Board for all purposes, including | ||||||
7 | expenses for contributions to be made with respect to pension | ||||||
8 | and other employee benefits,
and the funds estimated to be on | ||||||
9 | hand at the end of such year. After
adoption of the Authority's | ||||||
10 | first Five-Year Program, as provided in
Section 2.01 of this | ||||||
11 | Act, the proposed program and budget shall
specifically | ||||||
12 | identify any respect in which the recommended program
deviates | ||||||
13 | from the Authority's then existing Five-Year Program, giving
| ||||||
14 | the reasons for such deviation. The fiscal year of the | ||||||
15 | Authority and each Service Board shall
begin on January 1st and | ||||||
16 | end on the succeeding December 31st except that
the fiscal year | ||||||
17 | that began October 1, 1982, shall end December 31, 1983 .
By | ||||||
18 | July 1st 1981 and July 1st of each year thereafter the Director | ||||||
19 | of the
Illinois
Governor's Office of Management and Budget | ||||||
20 | (formerly Bureau of the
Budget) shall submit
to the Authority | ||||||
21 | an estimate of revenues for the next fiscal year of the | ||||||
22 | Authority to be
collected from the taxes imposed by the | ||||||
23 | Authority and the amounts to be
available in the Public | ||||||
24 | Transportation Fund and the Regional Transportation
Authority | ||||||
25 | Occupation and Use Tax Replacement Fund and the amounts | ||||||
26 | otherwise to be appropriated by the State to the Authority for |
| |||||||
| |||||||
1 | its purposes . The Authority shall file a copy of its Annual | ||||||
2 | Budget and Two-Year Financial Plan with
For the fiscal year | ||||||
3 | ending
on December 31, 1983, the Board shall report its results | ||||||
4 | from
operations and financial condition to the General Assembly | ||||||
5 | and the Governor
by January 31. For the fiscal year beginning | ||||||
6 | January
1, 1984, and thereafter, the budget and program shall | ||||||
7 | be presented to the
General Assembly and the Governor after its | ||||||
8 | adoption
not later than the preceding December
31st . Before the | ||||||
9 | proposed Annual Budget and Two-Year Financial Plan
budget and | ||||||
10 | program is adopted, the Authority
shall hold at least one | ||||||
11 | public hearing thereon
in the metropolitan region , and shall | ||||||
12 | meet
. The Board shall hold at least one meeting for
| ||||||
13 | consideration of the proposed program and budget with the | ||||||
14 | county board or its designee of
each of the several counties in | ||||||
15 | the metropolitan region. After conducting
such hearings and | ||||||
16 | holding such meetings and after making such changes
in the | ||||||
17 | proposed Annual Budget and Two-Year Financial Plan
program and | ||||||
18 | budget as the Board deems appropriate, the
Board shall adopt | ||||||
19 | its annual appropriation and Annual Budget and Two-Year | ||||||
20 | Financial Plan
budget ordinance. The ordinance may be adopted
| ||||||
21 | only upon the affirmative votes of 12
9 of its then Directors. | ||||||
22 | The
ordinance shall appropriate such sums of money as are | ||||||
23 | deemed necessary
to defray all necessary expenses and | ||||||
24 | obligations of the Authority,
specifying purposes and the | ||||||
25 | objects or programs for which appropriations
are made and the | ||||||
26 | amount appropriated for each object or program.
Additional |
| |||||||
| |||||||
1 | appropriations, transfers between items and other changes in
| ||||||
2 | such ordinance may be made from time to time by the Board upon | ||||||
3 | the
affirmative votes of 12
9 of its then Directors.
| ||||||
4 | (b) The Annual Budget and Two-Year Financial Plan
budget
| ||||||
5 | shall show a balance between anticipated revenues from
all | ||||||
6 | sources and anticipated expenses including funding of | ||||||
7 | operating deficits
or the discharge of encumbrances incurred in | ||||||
8 | prior periods and payment of
principal and interest when due, | ||||||
9 | and shall show cash balances sufficient
to pay with reasonable | ||||||
10 | promptness all obligations and expenses as incurred.
| ||||||
11 | The Annual Budget and Two-Year Financial Plan
annual budget | ||||||
12 | and financial plan must show: | ||||||
13 |
(i) that the level of fares
and charges for mass | ||||||
14 | transportation provided by, or under grant or purchase
of | ||||||
15 | service contracts of, the Service Boards is sufficient to | ||||||
16 | cause the
aggregate of all projected fare revenues from | ||||||
17 | such fares and charges received
in each fiscal year to | ||||||
18 | equal at least 50% of the aggregate costs of providing
such | ||||||
19 | public transportation in such fiscal year. "Fare revenues" | ||||||
20 | include
the proceeds of all fares and charges for services | ||||||
21 | provided, contributions
received in connection with public | ||||||
22 | transportation from units of local
government other than | ||||||
23 | the Authority and from the State pursuant to subsection
(i) | ||||||
24 | of Section 2705-305 of the Department of Transportation Law | ||||||
25 | (20 ILCS
2705/2705-305), and all other operating revenues | ||||||
26 | properly included consistent
with generally accepted |
| |||||||
| |||||||
1 | accounting principles but do not include: the proceeds
of | ||||||
2 | any borrowings, and, beginning with the 2007 fiscal year, | ||||||
3 | all revenues and receipts, including but not limited to | ||||||
4 | fares and grants received from the federal, State or any | ||||||
5 | unit of local government or other entity, derived from | ||||||
6 | providing ADA paratransit service pursuant to Section 2.30 | ||||||
7 | of the Regional Transportation Authority Act. "Costs" | ||||||
8 | include all items properly included as operating
costs | ||||||
9 | consistent with generally accepted accounting principles, | ||||||
10 | including
administrative costs, but do not include: | ||||||
11 | depreciation; payment of principal
and interest on bonds, | ||||||
12 | notes or
other evidences of obligation for borrowed money | ||||||
13 | issued by the Authority;
payments with respect to public | ||||||
14 | transportation facilities made pursuant
to subsection (b) | ||||||
15 | of Section 2.20 of this Act; any payments with respect
to | ||||||
16 | rate protection contracts, credit enhancements or | ||||||
17 | liquidity agreements
made under Section 4.14; any other | ||||||
18 | cost to which it
is reasonably expected that a cash | ||||||
19 | expenditure
will not be made; costs up to $5,000,000 | ||||||
20 | annually for passenger
security including grants, | ||||||
21 | contracts, personnel, equipment and
administrative | ||||||
22 | expenses, except in the case of the Chicago Transit
| ||||||
23 | Authority, in which case the term does not include costs | ||||||
24 | spent annually by
that entity for protection against crime | ||||||
25 | as required by Section 27a of the
Metropolitan Transit | ||||||
26 | Authority Act; the payment by the Chicago Transit Authority |
| |||||||
| |||||||
1 | of Debt Service, as defined in Section 12c of the | ||||||
2 | Metropolitan Transit Authority Act, on bonds or notes | ||||||
3 | issued pursuant to that Section; the payment by the | ||||||
4 | Commuter Rail Division of debt service on bonds issued | ||||||
5 | pursuant to Section 3B.09; expenses incurred by the | ||||||
6 | Suburban Bus Division for the cost of new public | ||||||
7 | transportation services funded from grants pursuant to | ||||||
8 | Section 2.01e of this amendatory Act of the 95th General | ||||||
9 | Assembly for a period of 2 years from the date of | ||||||
10 | initiation of each such service; costs as exempted by the | ||||||
11 | Board for
projects pursuant to Section 2.09 of this Act; | ||||||
12 | or, beginning with the 2007 fiscal year, expenses related | ||||||
13 | to providing ADA paratransit service pursuant to Section | ||||||
14 | 2.30 of the Regional Transportation Authority Act; and in | ||||||
15 | fiscal years 2008 through 2012 inclusive, costs in the | ||||||
16 | amount of $200,000,000 in fiscal year 2008, reducing by | ||||||
17 | $40,000,000 in each fiscal year thereafter until this | ||||||
18 | exemption is eliminated; and | ||||||
19 | (ii) that the level of fares charged for ADA | ||||||
20 | paratransit services is sufficient to cause the aggregate | ||||||
21 | of all projected revenues from such fares charged and | ||||||
22 | received in each fiscal year to equal at least 10% of the | ||||||
23 | aggregate costs of providing such ADA paratransit services | ||||||
24 | in fiscal years 2007 and 2008 and at least 12% of the | ||||||
25 | aggregate costs of providing such ADA paratransit services | ||||||
26 | in fiscal years 2009 and thereafter; for purposes of this |
| |||||||
| |||||||
1 | Act, the percentages in this subsection (b)(ii) shall be | ||||||
2 | referred to as the "system generated ADA paratransit | ||||||
3 | services revenue recovery ratio".
| ||||||
4 | (c) The actual administrative expenses of the Authority for | ||||||
5 | the fiscal
year commencing January 1, 1985 may not exceed | ||||||
6 | $5,000,000.
The actual administrative expenses of the | ||||||
7 | Authority for the fiscal year
commencing January 1, 1986, and | ||||||
8 | for each fiscal year thereafter shall not
exceed the maximum | ||||||
9 | administrative expenses for the previous fiscal year plus
5%. | ||||||
10 | "Administrative
expenses" are defined for purposes of this | ||||||
11 | Section as all expenses except:
(1) capital expenses and | ||||||
12 | purchases of the Authority on behalf of the Service
Boards; (2) | ||||||
13 | payments to Service Boards; and (3) payment of principal
and | ||||||
14 | interest on bonds, notes or other evidence of obligation for | ||||||
15 | borrowed
money issued by the Authority; (4) costs for passenger | ||||||
16 | security including
grants, contracts, personnel, equipment and | ||||||
17 | administrative expenses; (5)
payments with respect to public | ||||||
18 | transportation facilities made pursuant to
subsection (b) of | ||||||
19 | Section 2.20 of this Act; and (6) any payments with
respect to | ||||||
20 | rate protection contracts, credit enhancements or liquidity
| ||||||
21 | agreements made pursuant to Section 4.14.
| ||||||
22 | (d) (Blank). After withholding 15% of the proceeds of any | ||||||
23 | tax imposed by the
Authority and 15% of money received by the | ||||||
24 | Authority from the Regional
Transportation Authority | ||||||
25 | Occupation and Use Tax Replacement Fund,
the Board shall | ||||||
26 | allocate the proceeds and money remaining to the Service
Boards |
| |||||||
| |||||||
1 | as follows: (1) an amount equal to 85% of the proceeds of those
| ||||||
2 | taxes collected within the City of Chicago and 85% of the money | ||||||
3 | received by
the Authority on account of transfers to the | ||||||
4 | Regional Transportation
Authority Occupation and Use Tax | ||||||
5 | Replacement Fund from the County and Mass
Transit District Fund | ||||||
6 | attributable to retail sales within the City of
Chicago shall | ||||||
7 | be allocated to the Chicago Transit
Authority; (2) an amount | ||||||
8 | equal to 85% of the proceeds of those taxes
collected within | ||||||
9 | Cook County outside the City of Chicago and 85% of the
money | ||||||
10 | received by the Authority on account of transfers to the | ||||||
11 | Regional
Transportation Authority Occupation and Use Tax | ||||||
12 | Replacement Fund from the
County and Mass Transit District Fund | ||||||
13 | attributable to retail sales within
Cook County outside of the | ||||||
14 | city of Chicago shall be allocated
30% to the Chicago Transit | ||||||
15 | Authority, 55% to the Commuter Rail Board and
15% to the | ||||||
16 | Suburban Bus Board; and (3) an amount equal to 85% of the
| ||||||
17 | proceeds of the taxes collected within the Counties of DuPage, | ||||||
18 | Kane, Lake,
McHenry and Will shall be allocated 70% to the | ||||||
19 | Commuter Rail Board and 30%
to the Suburban Bus Board.
| ||||||
20 | (e) (Blank). Moneys received by the Authority on account of | ||||||
21 | transfers to the
Regional Transportation Authority Occupation | ||||||
22 | and Use Tax Replacement Fund
from the State and Local Sales Tax | ||||||
23 | Reform Fund shall be
allocated among the Authority and the | ||||||
24 | Service Boards as follows: 15% of
such moneys shall be retained | ||||||
25 | by the Authority and the remaining 85%
shall be transferred to | ||||||
26 | the Service Boards as soon as may be
practicable after the |
| |||||||
| |||||||
1 | Authority receives payment. Moneys which are
distributable to | ||||||
2 | the Service Boards pursuant to the preceding sentence
shall be | ||||||
3 | allocated among the Service Boards on the basis of each Service
| ||||||
4 | Board's distribution ratio. The term "distribution ratio" | ||||||
5 | means,
for purposes of this subsection (e) of this Section | ||||||
6 | 4.01, the ratio of
the total amount distributed to a Service | ||||||
7 | Board pursuant to subsection (d)
of Section 4.01 for the | ||||||
8 | immediately preceding calendar year to the total
amount | ||||||
9 | distributed to all of the Service Boards pursuant to subsection | ||||||
10 | (d)
of Section 4.01 for the immediately preceding calendar | ||||||
11 | year.
| ||||||
12 | (f) To carry out its duties and responsibilities under this | ||||||
13 | Act,
further and accomplish the preparation of the annual | ||||||
14 | budget and
program as well as the Five-Year Program provided | ||||||
15 | for in Section 2.01 of
this Act and to make such interim | ||||||
16 | management decisions as may be
necessary, the Board shall | ||||||
17 | employ staff which shall: (1) propose for adoption by the Board | ||||||
18 | of the Authority rules for the Service Boards that establish | ||||||
19 | (i) forms and schedules to be used and information required to | ||||||
20 | be provided with respect to a five-year capital program, annual | ||||||
21 | budgets, and two-year financial plans and regular reporting of | ||||||
22 | actual results against adopted budgets and financial plans, | ||||||
23 | (ii) financial practices to be followed in the budgeting and | ||||||
24 | expenditure of public funds, (iii) assumptions and projections | ||||||
25 | that must be followed in preparing and submitting its annual | ||||||
26 | budget and two-year financial plan or a five-year capital |
| |||||||
| |||||||
1 | program; (2) evaluate for
the Board public transportation | ||||||
2 | programs operated or proposed by
the Service Boards and
| ||||||
3 | transportation agencies in terms of the goals and objectives | ||||||
4 | set out in the Strategic Plan
, costs and relative
priorities ; | ||||||
5 | (3)
(2) keep the Board and the public informed of the extent to | ||||||
6 | which the Service Boards and transportation agencies are | ||||||
7 | meeting the goals and objectives adopted by the Authority in | ||||||
8 | the Strategic Plan
public transportation
programs and | ||||||
9 | accomplishments of such transportation agencies ; and (4) | ||||||
10 | assess the efficiency or adequacy of public transportation | ||||||
11 | services provided by a Service Board and make recommendations | ||||||
12 | for change in that service
(3)
coordinate the development and | ||||||
13 | implementation of public transportation
programs to the end | ||||||
14 | that the moneys
monies available to the Authority may be
| ||||||
15 | expended in the most economical manner possible with the least | ||||||
16 | possible
duplication. | ||||||
17 | (g) All
Under such regulations as the Board may prescribe, | ||||||
18 | all
Service Boards, transportation agencies, comprehensive | ||||||
19 | planning agencies , including the Chicago Metropolitan Agency | ||||||
20 | for Planning, or
transportation planning agencies in the | ||||||
21 | metropolitan region shall
furnish to the Authority
Board such | ||||||
22 | information pertaining to public
transportation or relevant | ||||||
23 | for plans therefor as it may from time to time
require . The | ||||||
24 | Executive Director, or his or her designee , upon payment to any | ||||||
25 | such agency or Service Board of the reasonable
additional cost | ||||||
26 | of its so providing such information except as may
otherwise be |
| |||||||
| |||||||
1 | provided by agreement with the Authority, and the Board or
any | ||||||
2 | duly authorized employee of the Board shall, for the purpose of
| ||||||
3 | securing any such information necessary or appropriate to carry | ||||||
4 | out any of the powers and responsibilities of the Authority | ||||||
5 | under this Act , have access to, and the right to examine, all
| ||||||
6 | books, documents, papers or records of a Service Board or any | ||||||
7 | transportation
such agency receiving funds from the Authority
| ||||||
8 | or Service Board , and such Service Board or transportation | ||||||
9 | agency shall comply with any request by the Executive Director, | ||||||
10 | or his or her designee, within 30 days or an extended time | ||||||
11 | provided by the Executive Director
pertaining to public | ||||||
12 | transportation or relevant for plans therefor .
| ||||||
13 | (h) No Service Board shall undertake any capital | ||||||
14 | improvement which is not identified in the Five-Year Capital | ||||||
15 | Program.
| ||||||
16 | (Source: P.A. 94-370, eff. 7-29-05.)
| ||||||
17 | (70 ILCS 3615/4.02) (from Ch. 111 2/3, par. 704.02)
| ||||||
18 | Sec. 4.02. Federal, State and Other Funds. | ||||||
19 | (a) The Authority shall have the power to apply for, | ||||||
20 | receive and expend
grants, loans or other funds from the State | ||||||
21 | of Illinois or any department
or agency thereof, from any unit | ||||||
22 | of local government, from the federal
government or any | ||||||
23 | department or agency thereof,
for use in connection with any of | ||||||
24 | the powers or purposes of the Authority
as set forth in this | ||||||
25 | Act. The Authority shall have power to make such
studies as may |
| |||||||
| |||||||
1 | be necessary and to enter into contracts or agreements with
the | ||||||
2 | State of Illinois or any department or agency thereof, with any | ||||||
3 | unit of
local government, or with the federal government or any | ||||||
4 | department or
agency thereof, concerning such grants, loans or
| ||||||
5 | other funds, or any conditions relating thereto, including | ||||||
6 | obligations to
repay such funds. The Authority may make such | ||||||
7 | covenants concerning such
grants, loans and funds as it deems | ||||||
8 | proper and necessary in carrying out
its responsibilities, | ||||||
9 | purposes and powers as provided in this Act.
| ||||||
10 | (b) The Authority shall be the primary public body in the | ||||||
11 | metropolitan
region with authority to apply for and receive any | ||||||
12 | grants, loans or other
funds relating to public transportation | ||||||
13 | programs from the State of Illinois
or any department or agency | ||||||
14 | thereof, or from the federal government or any
department or | ||||||
15 | agency thereof. Any unit of local government, Service Board
or | ||||||
16 | transportation agency may apply for and receive any such | ||||||
17 | federal
or state capital grants, loans or other funds, | ||||||
18 | provided, however that a
Service Board may not apply
for or | ||||||
19 | receive any grant or loan which is not identified in the | ||||||
20 | Five-Year Capital Program.
Any Service Board, unit of local | ||||||
21 | government or transportation agency
shall notify the Authority | ||||||
22 | prior to making any such application and shall
file a copy | ||||||
23 | thereof with the Authority. Nothing in this Section shall be
| ||||||
24 | construed to impose any limitation on the ability of the State | ||||||
25 | of Illinois
or any department or agency thereof, any unit of | ||||||
26 | local government or Service
Board or
transportation agency to |
| |||||||
| |||||||
1 | make any grants or to enter into any agreement or
contract with | ||||||
2 | the National Rail Passenger Corporation. Nor shall anything
in | ||||||
3 | this Section impose any limitation on the ability of any school | ||||||
4 | district
to apply for or receive any grant, loan or other funds | ||||||
5 | for transportation
of school children.
| ||||||
6 | (c) The Authority shall provide to the Service Board any | ||||||
7 | monies received
relating to public transportation services | ||||||
8 | under the jurisdiction of the
Service Boards as provided in | ||||||
9 | Section 4.03.3 of this Act.
follows:
| ||||||
10 | (1) As soon as may be practicable after the Authority | ||||||
11 | receives payment,
under Section 4.03(m) or Section | ||||||
12 | 4.03.1(d), of the proceeds of those taxes
levied by the | ||||||
13 | Authority,
the Authority shall transfer to each Service | ||||||
14 | Board the amount to which it
is entitled under Section | ||||||
15 | 4.01(d);
| ||||||
16 | (2) The Authority by ordinance adopted by 9 of its then | ||||||
17 | Directors
shall establish a formula apportioning any | ||||||
18 | federal funds for operating assistance
purposes the | ||||||
19 | Authority receives to each Service Board. In establishing | ||||||
20 | the
formula, the Board shall consider, among other factors: | ||||||
21 | ridership levels,
the efficiency with which the service is | ||||||
22 | provided, the degree of transit
dependence of the area | ||||||
23 | served and the cost of service. That portion of
any federal | ||||||
24 | funds for operating assistance received by the Authority | ||||||
25 | shall
be paid to each Service Board as soon as may be | ||||||
26 | practicable upon their receipt
provided the Authority has |
| |||||||
| |||||||
1 | adopted a balanced budget as required by Section
4.01 and | ||||||
2 | further provided that the Service Boards are in compliance | ||||||
3 | with
the requirements in Section 4.11.
| ||||||
4 | (3) The Authority by ordinance adopted by 9 of its then | ||||||
5 | Directors shall
apportion to the Service Boards funds | ||||||
6 | provided by the State of Illinois
under Section 4.09 and | ||||||
7 | shall make payment of said funds to each Service
Board as | ||||||
8 | soon as may be practicable upon their receipt provided the | ||||||
9 | Authority
has adopted a balanced budget as required by | ||||||
10 | Section 4.01 and further provided
the Service Board is in | ||||||
11 | compliance with the requirements in Section 4.11.
| ||||||
12 | (4) Beginning January 1, 2009, before making any | ||||||
13 | payments, transfers, or expenditures under this subsection | ||||||
14 | to a Service Board, the Authority must first comply with | ||||||
15 | Section 4.02a or 4.02b of this Act, whichever may be | ||||||
16 | applicable.
| ||||||
17 | (Source: P.A. 94-839, eff. 6-6-06; revised 8-3-06.)
| ||||||
18 | (70 ILCS 3615/4.02a) | ||||||
19 | Sec. 4.02a. Chicago Transit Authority contributions to | ||||||
20 | pension funds.
| ||||||
21 | (a) The Authority shall continually review the Chicago | ||||||
22 | Transit Authority's payment of the required contributions to | ||||||
23 | its retirement system under Section 22-101 of the Illinois | ||||||
24 | Pension Code.
| ||||||
25 | (b) Beginning January 1, 2009, if at any time the Authority |
| |||||||
| |||||||
1 | determines that the Chicago Transit Authority's payment of any | ||||||
2 | portion of the required contributions to its retirement system | ||||||
3 | under Section 22-101 of the Illinois Pension Code is more than | ||||||
4 | one month overdue, it shall as soon as possible pay the amount | ||||||
5 | of those overdue contributions to the Board of Trustees
trustee
| ||||||
6 | of the Retirement Plan
retirement system on behalf of the | ||||||
7 | Chicago Transit Authority out of moneys otherwise payable to | ||||||
8 | the Chicago Transit Authority under subsection (c) of Section | ||||||
9 | 4.03.3
4.02 of this Act. The Authority shall thereafter have no | ||||||
10 | liability to the Chicago Transit Authority for amounts paid to | ||||||
11 | the Board of Trustees
trustee of the Retirement Plan
retirement | ||||||
12 | system under this Section.
| ||||||
13 | (c) Whenever the Authority acts or determines that it is | ||||||
14 | required to act under subsection (b), it shall so notify the | ||||||
15 | Chicago Transit Authority, the Mayor of Chicago, the Governor, | ||||||
16 | the Auditor General of the State of Illinois, and the General | ||||||
17 | Assembly.
| ||||||
18 | (Source: P.A. 94-839, eff. 6-6-06.) | ||||||
19 | (70 ILCS 3615/4.02b)
| ||||||
20 | Sec. 4.02b. Other contributions to pension funds. | ||||||
21 | (a) The Authority shall continually review the payment of | ||||||
22 | the required employer contributions to affected pension plans | ||||||
23 | under Section 22-103 of the Illinois Pension Code.
| ||||||
24 | (b) Beginning January 1, 2009, if at any time the Authority | ||||||
25 | determines that the Commuter Rail Board's or Suburban Bus |
| |||||||
| |||||||
1 | Board's payment of any portion of the required contributions to | ||||||
2 | an affected pension plan under Section 22-103 of the Illinois | ||||||
3 | Pension Code is more than one month overdue, it shall as soon | ||||||
4 | as possible pay the amount of those overdue contributions to | ||||||
5 | the trustee of the affected pension plan on behalf of that | ||||||
6 | Service Board out of moneys otherwise payable to that Service | ||||||
7 | Board under Section 4.03.3
subsection (c) of Section 4.02 of | ||||||
8 | this Act. The Authority shall thereafter have no liability to | ||||||
9 | the Service Board for amounts paid to the trustee of the | ||||||
10 | affected pension plan under this Section.
| ||||||
11 | (c) Whenever the Authority acts or determines that it is | ||||||
12 | required to act under subsection (b), it shall so notify the | ||||||
13 | affected Service Board, the Mayor of Chicago, the Governor, the | ||||||
14 | Auditor General of the State of Illinois, and the General | ||||||
15 | Assembly.
| ||||||
16 | (d) Beginning January 1, 2009, if the Authority fails to | ||||||
17 | pay to an affected pension fund within 30 days after it is due | ||||||
18 | any employer contribution that it is required to make as a | ||||||
19 | contributing employer under Section 22-103 of the Illinois | ||||||
20 | Pension Code, it shall promptly so notify the Commission on | ||||||
21 | Government Forecasting and Accountability, the Mayor of | ||||||
22 | Chicago, the Governor, and the General Assembly, and it shall | ||||||
23 | promptly pay the overdue amount out of the first money | ||||||
24 | available to the Authority for its administrative expenses, as | ||||||
25 | that term is defined in Section 4.01(c).
| ||||||
26 | (Source: P.A. 94-839, eff. 6-6-06.)
|
| |||||||
| |||||||
1 | (70 ILCS 3615/4.03) (from Ch. 111 2/3, par. 704.03)
| ||||||
2 | Sec. 4.03. Taxes.
| ||||||
3 | (a) In order to carry out any of the powers or
purposes of | ||||||
4 | the Authority, the Board may by ordinance adopted with the
| ||||||
5 | concurrence of 12
9 of the then Directors, impose throughout | ||||||
6 | the
metropolitan region any or all of the taxes provided in | ||||||
7 | this Section.
Except as otherwise provided in this Act, taxes | ||||||
8 | imposed under this
Section and civil penalties imposed incident | ||||||
9 | thereto shall be collected
and enforced by the State Department | ||||||
10 | of Revenue. The Department shall
have the power to administer | ||||||
11 | and enforce the taxes and to determine all
rights for refunds | ||||||
12 | for erroneous payments of the taxes. Nothing in this amendatory | ||||||
13 | Act of the 95th General Assembly is intended to invalidate any | ||||||
14 | taxes currently imposed by the Authority. The increased vote | ||||||
15 | requirements to impose a tax shall only apply to actions taken | ||||||
16 | after the effective date of this amendatory Act of the 95th | ||||||
17 | General Assembly.
| ||||||
18 | (b) The Board may impose a public transportation tax upon | ||||||
19 | all
persons engaged in the metropolitan region in the business | ||||||
20 | of selling at
retail motor fuel for operation of motor vehicles | ||||||
21 | upon public highways. The
tax shall be at a rate not to exceed | ||||||
22 | 5% of the gross receipts from the sales
of motor fuel in the | ||||||
23 | course of the business. As used in this Act, the term
"motor | ||||||
24 | fuel" shall have the same meaning as in the Motor Fuel Tax Law. | ||||||
25 | The Board may provide for details of the tax. The provisions of
|
| |||||||
| |||||||
1 | any tax shall conform, as closely as may be practicable, to the | ||||||
2 | provisions
of the Municipal Retailers Occupation Tax Act, | ||||||
3 | including without limitation,
conformity to penalties with | ||||||
4 | respect to the tax imposed and as to the powers of
the State | ||||||
5 | Department of Revenue to promulgate and enforce rules and | ||||||
6 | regulations
relating to the administration and enforcement of | ||||||
7 | the provisions of the tax
imposed, except that reference in the | ||||||
8 | Act to any municipality shall refer to
the Authority and the | ||||||
9 | tax shall be imposed only with regard to receipts from
sales of | ||||||
10 | motor fuel in the metropolitan region, at rates as limited by | ||||||
11 | this
Section.
| ||||||
12 | (c) In connection with the tax imposed under paragraph (b) | ||||||
13 | of
this Section the Board may impose a tax upon the privilege | ||||||
14 | of using in
the metropolitan region motor fuel for the | ||||||
15 | operation of a motor vehicle
upon public highways, the tax to | ||||||
16 | be at a rate not in excess of the rate
of tax imposed under | ||||||
17 | paragraph (b) of this Section. The Board may
provide for | ||||||
18 | details of the tax.
| ||||||
19 | (d) The Board may impose a motor vehicle parking tax upon | ||||||
20 | the
privilege of parking motor vehicles at off-street parking | ||||||
21 | facilities in
the metropolitan region at which a fee is | ||||||
22 | charged, and may provide for
reasonable classifications in and | ||||||
23 | exemptions to the tax, for
administration and enforcement | ||||||
24 | thereof and for civil penalties and
refunds thereunder and may | ||||||
25 | provide criminal penalties thereunder, the
maximum penalties | ||||||
26 | not to exceed the maximum criminal penalties provided
in the |
| |||||||
| |||||||
1 | Retailers' Occupation Tax Act. The
Authority may collect and | ||||||
2 | enforce the tax itself or by contract with
any unit of local | ||||||
3 | government. The State Department of Revenue shall have
no | ||||||
4 | responsibility for the collection and enforcement unless the
| ||||||
5 | Department agrees with the Authority to undertake the | ||||||
6 | collection and
enforcement. As used in this paragraph, the term | ||||||
7 | "parking facility"
means a parking area or structure having | ||||||
8 | parking spaces for more than 2
vehicles at which motor vehicles | ||||||
9 | are permitted to park in return for an
hourly, daily, or other | ||||||
10 | periodic fee, whether publicly or privately
owned, but does not | ||||||
11 | include parking spaces on a public street, the use
of which is | ||||||
12 | regulated by parking meters.
| ||||||
13 | (e) The Board may impose a Regional Transportation | ||||||
14 | Authority
Retailers' Occupation Tax upon all persons engaged in | ||||||
15 | the business of
selling tangible personal property at retail in | ||||||
16 | the metropolitan region.
In Cook County the tax rate shall be
| ||||||
17 | 1% of the gross receipts from sales
of food for human | ||||||
18 | consumption that is to be consumed off the premises
where it is | ||||||
19 | sold (other than alcoholic beverages, soft drinks and food
that | ||||||
20 | has been prepared for immediate consumption) and prescription | ||||||
21 | and
nonprescription medicines, drugs, medical appliances and | ||||||
22 | insulin, urine
testing materials, syringes and needles used by | ||||||
23 | diabetics, and
3/4% of the
gross receipts from other taxable | ||||||
24 | sales made in the course of that business.
In DuPage, Kane, | ||||||
25 | Lake, McHenry, and Will Counties, the tax rate shall be
1/4%
of | ||||||
26 | the gross receipts from all taxable sales made in the course of |
| |||||||
| |||||||
1 | that
business. The tax
imposed under this Section and all civil | ||||||
2 | penalties that may be
assessed as an incident thereof shall be | ||||||
3 | collected and enforced by the
State Department of Revenue. The | ||||||
4 | Department shall have full power to
administer and enforce this | ||||||
5 | Section; to collect all taxes and penalties
so collected in the | ||||||
6 | manner hereinafter provided; and to determine all
rights to | ||||||
7 | credit memoranda arising on account of the erroneous payment
of | ||||||
8 | tax or penalty hereunder. In the administration of, and | ||||||
9 | compliance
with this Section, the Department and persons who | ||||||
10 | are subject to this
Section shall have the same rights, | ||||||
11 | remedies, privileges, immunities,
powers and duties, and be | ||||||
12 | subject to the same conditions, restrictions,
limitations, | ||||||
13 | penalties, exclusions, exemptions and definitions of terms,
| ||||||
14 | and employ the same modes of procedure, as are prescribed in | ||||||
15 | Sections 1,
1a, 1a-1, 1c, 1d, 1e, 1f, 1i, 1j, 2 through 2-65 | ||||||
16 | (in respect to all
provisions therein other than the State rate | ||||||
17 | of tax), 2c, 3 (except as to
the disposition of taxes and | ||||||
18 | penalties collected), 4, 5, 5a, 5b, 5c, 5d,
5e, 5f, 5g, 5h, 5i, | ||||||
19 | 5j, 5k, 5l, 6, 6a, 6b, 6c, 7, 8, 9, 10, 11, 12 and
13 of the | ||||||
20 | Retailers' Occupation Tax Act and Section 3-7 of the
Uniform | ||||||
21 | Penalty and Interest Act, as fully as if those
provisions were | ||||||
22 | set forth herein.
| ||||||
23 | Persons subject to any tax imposed under the authority | ||||||
24 | granted
in this Section may reimburse themselves for their | ||||||
25 | seller's tax
liability hereunder by separately stating the tax | ||||||
26 | as an additional
charge, which charge may be stated in |
| |||||||
| |||||||
1 | combination in a single amount
with State taxes that sellers | ||||||
2 | are required to collect under the Use
Tax Act, under any | ||||||
3 | bracket schedules the
Department may prescribe.
| ||||||
4 | Whenever the Department determines that a refund should be | ||||||
5 | made under
this Section to a claimant instead of issuing a | ||||||
6 | credit memorandum, the
Department shall notify the State | ||||||
7 | Comptroller, who shall cause the
warrant to be drawn for the | ||||||
8 | amount specified, and to the person named,
in the notification | ||||||
9 | from the Department. The refund shall be paid by
the State | ||||||
10 | Treasurer out of the Regional Transportation Authority tax
fund | ||||||
11 | established under paragraph (n) of this Section.
| ||||||
12 | If a tax is imposed under this subsection (e), a tax shall | ||||||
13 | also
be imposed under subsections (f) and (g) of this Section.
| ||||||
14 | For the purpose of determining whether a tax authorized | ||||||
15 | under this
Section is applicable, a retail sale by a producer | ||||||
16 | of coal or other
mineral mined in Illinois, is a sale at retail | ||||||
17 | at the place where the
coal or other mineral mined in Illinois | ||||||
18 | is extracted from the earth.
This paragraph does not apply to | ||||||
19 | coal or other mineral when it is
delivered or shipped by the | ||||||
20 | seller to the purchaser at a point outside
Illinois so that the | ||||||
21 | sale is exempt under the Federal Constitution as a
sale in | ||||||
22 | interstate or foreign commerce.
| ||||||
23 | No tax shall be imposed or collected under this subsection | ||||||
24 | on the sale of a motor vehicle in this State to a resident of | ||||||
25 | another state if that motor vehicle will not be titled in this | ||||||
26 | State.
|
| |||||||
| |||||||
1 | Nothing in this Section shall be construed to authorize the | ||||||
2 | Regional
Transportation Authority to impose a tax upon the | ||||||
3 | privilege of engaging
in any business that under the | ||||||
4 | Constitution of the United States may
not be made the subject | ||||||
5 | of taxation by this State.
| ||||||
6 | (f) If a tax has been imposed under paragraph (e), a
| ||||||
7 | Regional Transportation Authority Service Occupation
Tax shall
| ||||||
8 | also be imposed upon all persons engaged, in the metropolitan | ||||||
9 | region in
the business of making sales of service, who as an | ||||||
10 | incident to making the sales
of service, transfer tangible | ||||||
11 | personal property within the metropolitan region,
either in the | ||||||
12 | form of tangible personal property or in the form of real | ||||||
13 | estate
as an incident to a sale of service. In Cook County, the | ||||||
14 | tax rate
shall be: (1)
1% of the serviceman's cost price of | ||||||
15 | food prepared for
immediate consumption and transferred | ||||||
16 | incident to a sale of service subject
to the service occupation | ||||||
17 | tax by an entity licensed under the Hospital
Licensing Act or | ||||||
18 | the Nursing Home Care Act that is located in the metropolitan
| ||||||
19 | region; (2)
1% of the selling price of food for human | ||||||
20 | consumption that is to
be consumed off the premises where it is | ||||||
21 | sold (other than alcoholic
beverages, soft drinks and food that | ||||||
22 | has been prepared for immediate
consumption) and prescription | ||||||
23 | and nonprescription medicines, drugs, medical
appliances and | ||||||
24 | insulin, urine testing materials, syringes and needles used
by | ||||||
25 | diabetics; and (3)
3/4% of the selling price from other taxable | ||||||
26 | sales of
tangible personal property transferred. In DuPage, |
| |||||||
| |||||||
1 | Kane, Lake,
McHenry and Will Counties the rate shall be
1/4% of | ||||||
2 | the selling price
of all tangible personal property | ||||||
3 | transferred.
| ||||||
4 | The tax imposed under this paragraph and all civil
| ||||||
5 | penalties that may be assessed as an incident thereof shall be | ||||||
6 | collected
and enforced by the State Department of Revenue. The | ||||||
7 | Department shall
have full power to administer and enforce this | ||||||
8 | paragraph; to collect all
taxes and penalties due hereunder; to | ||||||
9 | dispose of taxes and penalties
collected in the manner | ||||||
10 | hereinafter provided; and to determine all
rights to credit | ||||||
11 | memoranda arising on account of the erroneous payment
of tax or | ||||||
12 | penalty hereunder. In the administration of and compliance
with | ||||||
13 | this paragraph, the Department and persons who are subject to | ||||||
14 | this
paragraph shall have the same rights, remedies, | ||||||
15 | privileges, immunities,
powers and duties, and be subject to | ||||||
16 | the same conditions, restrictions,
limitations, penalties, | ||||||
17 | exclusions, exemptions and definitions of terms,
and employ the | ||||||
18 | same modes of procedure, as are prescribed in Sections 1a-1, 2,
| ||||||
19 | 2a, 3 through 3-50 (in respect to all provisions therein other | ||||||
20 | than the
State rate of tax), 4 (except that the reference to | ||||||
21 | the State shall be to
the Authority), 5, 7, 8 (except that the | ||||||
22 | jurisdiction to which the tax
shall be a debt to the extent | ||||||
23 | indicated in that Section 8 shall be the
Authority), 9 (except | ||||||
24 | as to the disposition of taxes and penalties
collected, and | ||||||
25 | except that the returned merchandise credit for this tax may
| ||||||
26 | not be taken against any State tax), 10, 11, 12 (except the |
| |||||||
| |||||||
1 | reference
therein to Section 2b of the Retailers' Occupation | ||||||
2 | Tax Act), 13 (except
that any reference to the State shall mean | ||||||
3 | the Authority), the first
paragraph of Section 15, 16, 17, 18, | ||||||
4 | 19 and 20 of the Service
Occupation Tax Act and Section 3-7 of | ||||||
5 | the Uniform Penalty and Interest
Act, as fully as if those | ||||||
6 | provisions were set forth herein.
| ||||||
7 | Persons subject to any tax imposed under the authority | ||||||
8 | granted
in this paragraph may reimburse themselves for their | ||||||
9 | serviceman's tax
liability hereunder by separately stating the | ||||||
10 | tax as an additional
charge, that charge may be stated in | ||||||
11 | combination in a single amount
with State tax that servicemen | ||||||
12 | are authorized to collect under the
Service Use Tax Act, under | ||||||
13 | any bracket schedules the
Department may prescribe.
| ||||||
14 | Whenever the Department determines that a refund should be | ||||||
15 | made under
this paragraph to a claimant instead of issuing a | ||||||
16 | credit memorandum, the
Department shall notify the State | ||||||
17 | Comptroller, who shall cause the
warrant to be drawn for the | ||||||
18 | amount specified, and to the person named
in the notification | ||||||
19 | from the Department. The refund shall be paid by
the State | ||||||
20 | Treasurer out of the Regional Transportation Authority tax
fund | ||||||
21 | established under paragraph (n) of this Section.
| ||||||
22 | Nothing in this paragraph shall be construed to authorize | ||||||
23 | the
Authority to impose a tax upon the privilege of engaging in | ||||||
24 | any business
that under the Constitution of the United States | ||||||
25 | may not be made the
subject of taxation by the State.
| ||||||
26 | (g) If a tax has been imposed under paragraph (e), a tax |
| |||||||
| |||||||
1 | shall
also be imposed upon the privilege of using in the | ||||||
2 | metropolitan region,
any item of tangible personal property | ||||||
3 | that is purchased outside the
metropolitan region at retail | ||||||
4 | from a retailer, and that is titled or
registered with an | ||||||
5 | agency of this State's government. In Cook County the
tax rate | ||||||
6 | shall be
3/4% of the selling price of the tangible personal | ||||||
7 | property,
as "selling price" is defined in the Use Tax Act. In | ||||||
8 | DuPage, Kane, Lake,
McHenry and Will counties the tax rate | ||||||
9 | shall be
1/4% of the selling price of
the tangible personal | ||||||
10 | property, as "selling price" is defined in the
Use Tax Act. The | ||||||
11 | tax shall be collected from persons whose Illinois
address for | ||||||
12 | titling or registration purposes is given as being in the
| ||||||
13 | metropolitan region. The tax shall be collected by the | ||||||
14 | Department of
Revenue for the Regional Transportation | ||||||
15 | Authority. The tax must be paid
to the State, or an exemption | ||||||
16 | determination must be obtained from the
Department of Revenue, | ||||||
17 | before the title or certificate of registration for
the | ||||||
18 | property may be issued. The tax or proof of exemption may be
| ||||||
19 | transmitted to the Department by way of the State agency with | ||||||
20 | which, or the
State officer with whom, the tangible personal | ||||||
21 | property must be titled or
registered if the Department and the | ||||||
22 | State agency or State officer
determine that this procedure | ||||||
23 | will expedite the processing of applications
for title or | ||||||
24 | registration.
| ||||||
25 | The Department shall have full power to administer and | ||||||
26 | enforce this
paragraph; to collect all taxes, penalties and |
| |||||||
| |||||||
1 | interest due hereunder;
to dispose of taxes, penalties and | ||||||
2 | interest collected in the manner
hereinafter provided; and to | ||||||
3 | determine all rights to credit memoranda or
refunds arising on | ||||||
4 | account of the erroneous payment of tax, penalty or
interest | ||||||
5 | hereunder. In the administration of and compliance with this
| ||||||
6 | paragraph, the Department and persons who are subject to this | ||||||
7 | paragraph
shall have the same rights, remedies, privileges, | ||||||
8 | immunities, powers and
duties, and be subject to the same | ||||||
9 | conditions, restrictions,
limitations, penalties, exclusions, | ||||||
10 | exemptions and definitions of terms
and employ the same modes | ||||||
11 | of procedure, as are prescribed in Sections 2
(except the | ||||||
12 | definition of "retailer maintaining a place of business in this
| ||||||
13 | State"), 3 through 3-80 (except provisions pertaining to the | ||||||
14 | State rate
of tax, and except provisions concerning collection | ||||||
15 | or refunding of the tax
by retailers), 4, 11, 12, 12a, 14, 15, | ||||||
16 | 19 (except the portions pertaining
to claims by retailers and | ||||||
17 | except the last paragraph concerning refunds),
20, 21 and 22 of | ||||||
18 | the Use Tax Act, and are not inconsistent with this
paragraph, | ||||||
19 | as fully as if those provisions were set forth herein.
| ||||||
20 | Whenever the Department determines that a refund should be | ||||||
21 | made under
this paragraph to a claimant instead of issuing a | ||||||
22 | credit memorandum, the
Department shall notify the State | ||||||
23 | Comptroller, who shall cause the order
to be drawn for the | ||||||
24 | amount specified, and to the person named in the
notification | ||||||
25 | from the Department. The refund shall be paid by the State
| ||||||
26 | Treasurer out of the Regional Transportation Authority tax fund
|
| |||||||
| |||||||
1 | established under paragraph (n) of this Section.
| ||||||
2 | (h) The Authority may impose a replacement vehicle tax of | ||||||
3 | $50 on any
passenger car as defined in Section 1-157 of the | ||||||
4 | Illinois Vehicle Code
purchased within the metropolitan region | ||||||
5 | by or on behalf of an
insurance company to replace a passenger | ||||||
6 | car of
an insured person in settlement of a total loss claim. | ||||||
7 | The tax imposed
may not become effective before the first day | ||||||
8 | of the month following the
passage of the ordinance imposing | ||||||
9 | the tax and receipt of a certified copy
of the ordinance by the | ||||||
10 | Department of Revenue. The Department of Revenue
shall collect | ||||||
11 | the tax for the Authority in accordance with Sections 3-2002
| ||||||
12 | and 3-2003 of the Illinois Vehicle Code.
| ||||||
13 | The Department shall immediately pay over to the State | ||||||
14 | Treasurer,
ex officio, as trustee, all taxes collected | ||||||
15 | hereunder. On
or before the 25th day of each calendar month, | ||||||
16 | the Department shall
prepare and certify to the Comptroller the | ||||||
17 | disbursement of stated sums
of money to the Authority. The | ||||||
18 | amount to be paid to the Authority shall be
the amount | ||||||
19 | collected hereunder during the second preceding calendar month
| ||||||
20 | by the Department, less any amount determined by the Department | ||||||
21 | to be
necessary for the payment of refunds. Within 10 days | ||||||
22 | after receipt by the
Comptroller of the disbursement | ||||||
23 | certification to the Authority provided
for in this Section to | ||||||
24 | be given to the Comptroller by the Department, the
Comptroller | ||||||
25 | shall cause the orders to be drawn for that amount in
| ||||||
26 | accordance with the directions contained in the certification.
|
| |||||||
| |||||||
1 | (i) The Board may not impose any other taxes except as it | ||||||
2 | may from
time to time be authorized by law to impose.
| ||||||
3 | (j) A certificate of registration issued by the State | ||||||
4 | Department of
Revenue to a retailer under the Retailers' | ||||||
5 | Occupation Tax Act or under the
Service Occupation Tax Act | ||||||
6 | shall permit the registrant to engage in a
business that is | ||||||
7 | taxed under the tax imposed under paragraphs
(b), (e), (f) or | ||||||
8 | (g) of this Section and no additional registration
shall be | ||||||
9 | required under the tax. A certificate issued under the
Use Tax | ||||||
10 | Act or the Service Use Tax Act shall be applicable with regard | ||||||
11 | to
any tax imposed under paragraph (c) of this Section.
| ||||||
12 | (k) The provisions of any tax imposed under paragraph (c) | ||||||
13 | of
this Section shall conform as closely as may be practicable | ||||||
14 | to the
provisions of the Use Tax Act, including
without | ||||||
15 | limitation conformity as to penalties with respect to the tax
| ||||||
16 | imposed and as to the powers of the State Department of Revenue | ||||||
17 | to
promulgate and enforce rules and regulations relating to the
| ||||||
18 | administration and enforcement of the provisions of the tax | ||||||
19 | imposed.
The taxes shall be imposed only on use within the | ||||||
20 | metropolitan region
and at rates as provided in the paragraph.
| ||||||
21 | (l) The Board in imposing any tax as provided in paragraphs | ||||||
22 | (b)
and (c) of this Section, shall, after seeking the advice of | ||||||
23 | the State
Department of Revenue, provide means for retailers, | ||||||
24 | users or purchasers
of motor fuel for purposes other than those | ||||||
25 | with regard to which the
taxes may be imposed as provided in | ||||||
26 | those paragraphs to receive refunds
of taxes improperly paid, |
| |||||||
| |||||||
1 | which provisions may be at variance with the
refund provisions | ||||||
2 | as applicable under the Municipal Retailers
Occupation Tax Act. | ||||||
3 | The State Department of Revenue may provide for
certificates of | ||||||
4 | registration for users or purchasers of motor fuel for purposes
| ||||||
5 | other than those with regard to which taxes may be imposed as | ||||||
6 | provided in
paragraphs (b) and (c) of this Section to | ||||||
7 | facilitate the reporting and
nontaxability of the exempt sales | ||||||
8 | or uses.
| ||||||
9 | (m) Any ordinance imposing or discontinuing any tax under | ||||||
10 | this Section shall
be adopted and a certified copy thereof | ||||||
11 | filed with the Department on or before
June 1, whereupon the | ||||||
12 | Department of Revenue shall proceed to administer and
enforce | ||||||
13 | this Section on behalf of the Regional Transportation Authority | ||||||
14 | as of
September 1 next following such adoption and filing.
| ||||||
15 | Beginning January 1, 1992, an ordinance or resolution imposing | ||||||
16 | or
discontinuing the tax hereunder shall be adopted and a | ||||||
17 | certified copy
thereof filed with the Department on or before | ||||||
18 | the first day of July,
whereupon the Department shall proceed | ||||||
19 | to administer and enforce this
Section as of the first day of | ||||||
20 | October next following such adoption and
filing. Beginning | ||||||
21 | January 1, 1993, an ordinance or resolution imposing or
| ||||||
22 | discontinuing the tax hereunder shall be adopted and a | ||||||
23 | certified copy
thereof filed with the Department on or before | ||||||
24 | the first day of October ,
whereupon the Department shall | ||||||
25 | proceed to administer and enforce this
Section as of the first | ||||||
26 | day of
January next following such adoption and filing.
|
| |||||||
| |||||||
1 | (n) The State Department of Revenue shall, upon collecting | ||||||
2 | any taxes
as provided in this Section, pay the taxes over to | ||||||
3 | the State Treasurer
as trustee for the Authority. The taxes | ||||||
4 | shall be held in a trust fund
outside the State Treasury. On or | ||||||
5 | before the 25th day of each calendar
month, the State | ||||||
6 | Department of Revenue shall prepare and certify to the
| ||||||
7 | Comptroller of the State of Illinois and
the amount to be paid | ||||||
8 | to the
Authority, which shall be the then balance in the fund, | ||||||
9 | less any amount
determined by the Department to be necessary | ||||||
10 | for the payment of refunds.
The State Department of Revenue | ||||||
11 | shall also certify to the Authority (i) the
amount of taxes | ||||||
12 | collected in each County other than Cook County in the
| ||||||
13 | metropolitan region , (ii)
less the amount necessary for the | ||||||
14 | payment of refunds to
taxpayers in the County. With regard to | ||||||
15 | the County of Cook, the
certification shall specify the amount | ||||||
16 | of taxes collected within the City
of Chicago ,
less the amount | ||||||
17 | necessary for the payment of refunds to
taxpayers in the City | ||||||
18 | of Chicago and (iii) the amount collected in that portion
of | ||||||
19 | Cook County outside of Chicago , each amount less the amount | ||||||
20 | necessary for the payment
of refunds to taxpayers located in | ||||||
21 | those areas described in items (i), (ii), and (iii)
in that | ||||||
22 | portion of Cook County outside of Chicago .
Within 10 days after | ||||||
23 | receipt by the Comptroller of the certification of
the amounts
| ||||||
24 | amount to be paid to the Authority , the Comptroller shall cause | ||||||
25 | an
order to be drawn for the payment of the amount certified in | ||||||
26 | items (i), (ii), and (iii) of this subsection to the Authority
|
| |||||||
| |||||||
1 | for the amount
in accordance with the direction in the | ||||||
2 | certification .
| ||||||
3 | In addition to the disbursement required by the preceding | ||||||
4 | paragraph, an
allocation shall be made in July 1991 and each | ||||||
5 | year thereafter to the
Regional Transportation Authority. The | ||||||
6 | allocation shall be made in an
amount equal to the average | ||||||
7 | monthly distribution during the preceding
calendar year | ||||||
8 | (excluding the 2 months of lowest receipts) and the
allocation | ||||||
9 | shall include the amount of average monthly distribution from
| ||||||
10 | the Regional Transportation Authority Occupation and Use Tax | ||||||
11 | Replacement
Fund. The distribution made in July 1992 and each | ||||||
12 | year thereafter under
this paragraph and the preceding | ||||||
13 | paragraph shall be reduced by the amount
allocated and | ||||||
14 | disbursed under this paragraph in the preceding calendar
year. | ||||||
15 | The Department of Revenue shall prepare and certify to the
| ||||||
16 | Comptroller for disbursement the allocations made in | ||||||
17 | accordance with this
paragraph.
| ||||||
18 | (o) Failure to adopt a budget ordinance or otherwise to | ||||||
19 | comply with
Section 4.01 of this Act or to adopt a Five-year | ||||||
20 | Capital Program or otherwise to
comply with paragraph (b) of | ||||||
21 | Section 2.01 of this Act shall not affect
the validity of any | ||||||
22 | tax imposed by the Authority otherwise in conformity
with law.
| ||||||
23 | (p) At no time shall a public transportation tax or motor | ||||||
24 | vehicle
parking tax authorized under paragraphs (b), (c) and | ||||||
25 | (d) of this Section
be in effect at the same time as any | ||||||
26 | retailers' occupation, use or
service occupation tax |
| |||||||
| |||||||
1 | authorized under paragraphs (e), (f) and (g) of
this Section is | ||||||
2 | in effect.
| ||||||
3 | Any taxes imposed under the authority provided in | ||||||
4 | paragraphs (b), (c)
and (d) shall remain in effect only until | ||||||
5 | the time as any tax
authorized by paragraphs (e), (f) or (g) of | ||||||
6 | this Section are imposed and
becomes effective. Once any tax | ||||||
7 | authorized by paragraphs (e), (f) or (g)
is imposed the Board | ||||||
8 | may not reimpose taxes as authorized in paragraphs
(b), (c) and | ||||||
9 | (d) of the Section unless any tax authorized by
paragraphs (e), | ||||||
10 | (f) or (g) of this Section becomes ineffective by means
other | ||||||
11 | than an ordinance of the Board.
| ||||||
12 | (q) Any existing rights, remedies and obligations | ||||||
13 | (including
enforcement by the Regional Transportation | ||||||
14 | Authority) arising under any
tax imposed under paragraphs (b), | ||||||
15 | (c) or (d) of this Section shall not
be affected by the | ||||||
16 | imposition of a tax under paragraphs (e), (f) or (g)
of this | ||||||
17 | Section.
| ||||||
18 | (Source: P.A. 92-221, eff. 8-2-01; 92-651, eff. 7-11-02; | ||||||
19 | 93-1068, eff. 1-15-05.)
| ||||||
20 | (70 ILCS 3615/4.03.3 new)
| ||||||
21 | Sec. 4.03.3. Distribution of Revenues. After providing for | ||||||
22 | payment of its obligations with respect to bonds and notes | ||||||
23 | issued under the provisions of Section 4.04 and obligations | ||||||
24 | related to those bonds and notes, the Authority shall disburse | ||||||
25 | the remaining proceeds from taxes it has imposed under this |
| |||||||
| |||||||
1 | Article IV and the remaining moneys it has received from the | ||||||
2 | State under Section 4.09(a) as follows: | ||||||
3 | (a) With respect to taxes imposed by the Authority, after | ||||||
4 | withholding 15% of the remaining proceeds from those taxes, and | ||||||
5 | 15% of money received by the Authority from the Regional | ||||||
6 | Transportation Authority Occupation and Use Tax Replacement | ||||||
7 | Fund or from the Regional Transportation Authority tax fund | ||||||
8 | created in Section 4.03(n), the Board shall allocate the | ||||||
9 | remaining amount to the Service Boards as follows:
| ||||||
10 | (1) an amount equal to 85% of the remaining proceeds | ||||||
11 | from those taxes collected within the City of Chicago and | ||||||
12 | 85% of the money received by the Authority on account of | ||||||
13 | transfers to the Regional Transportation Authority | ||||||
14 | Occupation and Use Tax Replacement Fund or to the Regional | ||||||
15 | Transportation Authority tax fund created in Section | ||||||
16 | 4.03(n) from the County and Mass Transit District Fund | ||||||
17 | attributable to retail sales within the City of Chicago | ||||||
18 | shall be allocated to the Chicago Transit Authority;
| ||||||
19 | (2) an amount equal to 85% of the remaining proceeds | ||||||
20 | from those taxes collected within Cook County outside of | ||||||
21 | the City of Chicago, and 85% of the money received by the | ||||||
22 | Authority on account of transfers to the Regional | ||||||
23 | Transportation Authority Occupation and Use Tax | ||||||
24 | Replacement Fund or to the Regional Transportation | ||||||
25 | Authority tax fund created in Section 4.03(n) from the | ||||||
26 | County and Mass Transit District Fund attributable to |
| |||||||
| |||||||
1 | retail sales within Cook County outside of the City of | ||||||
2 | Chicago shall be allocated 30% to the Chicago Transit | ||||||
3 | Authority, 55% to the Commuter Rail Board, and 15% to the | ||||||
4 | Suburban Bus Board; and
| ||||||
5 | (3) an amount equal to 85% of the remaining proceeds | ||||||
6 | from the taxes collected within the Counties of DuPage, | ||||||
7 | Kane, Lake, McHenry, and Will shall be allocated 70% to the | ||||||
8 | Commuter Rail Board and 30% to the Suburban Bus Board.
| ||||||
9 | (b) Moneys received by the Authority on account of | ||||||
10 | transfers to the Regional Transportation Authority Occupation | ||||||
11 | and Use Tax Replacement Fund from the State and Local Sales Tax | ||||||
12 | Reform Fund shall be allocated among the Authority and the | ||||||
13 | Service Boards as follows: 15% of such moneys shall be retained | ||||||
14 | by the Authority and the remaining 85% shall be transferred to | ||||||
15 | the Service Boards as soon as may be practicable after the | ||||||
16 | Authority receives payment. Moneys which are distributable to | ||||||
17 | the Service Boards pursuant to the preceding sentence shall be | ||||||
18 | allocated among the Service Boards on the basis of each Service | ||||||
19 | Board's distribution ratio. The term "distribution ratio" | ||||||
20 | means, for purposes of this subsection (b), the ratio of the | ||||||
21 | total amount distributed to a Service Board pursuant to | ||||||
22 | subsection (a) of Section 4.03.3 for the immediately preceding | ||||||
23 | calendar year to the total amount distributed to all of the | ||||||
24 | Service Boards pursuant to subsection (a) of Section 4.03.3 for | ||||||
25 | the immediately preceding calendar year.
| ||||||
26 | (c) Moneys received from the State under Section 4.09(a)(2) |
| |||||||
| |||||||
1 | shall be allocated as follows: | ||||||
2 | (1) $100,000,000 shall be distributed annually to the | ||||||
3 | Regional Transportation Authority for deposit into the ADA | ||||||
4 | Paratransit Fund established by the Authority under | ||||||
5 | Section 2.01d of the Regional Transportation Authority | ||||||
6 | Act; | ||||||
7 | (2) $10,000,000 shall be distributed annually to the | ||||||
8 | Regional Transportation Authority for deposit into the | ||||||
9 | Innovation, Coordination, and Enhancement Fund established | ||||||
10 | by the Authority under Section 2.01c of the Regional | ||||||
11 | Transportation Authority Act; | ||||||
12 | (3) $20,000,000 shall be distributed annually to the | ||||||
13 | Regional Transportation Authority for deposit into the | ||||||
14 | Suburban Community Mobility Fund established by the | ||||||
15 | Authority under Section 2.01e of the Regional | ||||||
16 | Transportation Authority Act; | ||||||
17 | (4) Beginning in calendar year 2009 and continuing | ||||||
18 | through 2039, $115,000,000 shall be distributed annually | ||||||
19 | to the Chicago Transit Authority; and | ||||||
20 | (5) any remaining funds shall be distributed as | ||||||
21 | follows: (i) 48% to the Chicago Transit Authority, (ii) 39% | ||||||
22 | to the Commuter Rail Division; and (iii) 13% to the | ||||||
23 | Suburban Bus Division.
| ||||||
24 | In 2009 and each year thereafter the amounts distributed to | ||||||
25 | the Authority for deposit in the ADA Paratransit Fund, the | ||||||
26 | Suburban Community Mobility Fund and the Innovative, |
| |||||||
| |||||||
1 | Coordination and Enhancement Fund respectively shall equal the | ||||||
2 | amount deposited in the previous year increased or decreased by | ||||||
3 | the percentage growth or decline in revenues received by the | ||||||
4 | Authority from the State for the transfer of moneys pursuant to | ||||||
5 | Section 4.09(a)(2) in the previous State fiscal year. | ||||||
6 | (d) The Authority by ordinance adopted by 12 of its then | ||||||
7 | Directors shall apportion to the Service Boards moneys provided | ||||||
8 | by the State of Illinois under Section 4.09(a)(1) as it shall | ||||||
9 | determine and shall make payment of the amounts to each Service | ||||||
10 | Board as soon as may be practicable upon their receipt, | ||||||
11 | provided the Authority has adopted a balanced budged as | ||||||
12 | required by Section 4.01 and further provided the Service Board | ||||||
13 | is in compliance with the requirements in Section 4.11.
| ||||||
14 | (e) Beginning January 1, 2009, before making any payments, | ||||||
15 | transfers, or expenditures under this Section to a Service | ||||||
16 | Board, the Authority must first comply with Section 4.02a or | ||||||
17 | 4.02b of this Act, whichever may be applicable.
| ||||||
18 | (70 ILCS 3615/4.04) (from Ch. 111 2/3, par. 704.04)
| ||||||
19 | Sec. 4.04. Issuance and Pledge of Bonds and Notes.
| ||||||
20 | (a) The Authority shall have the continuing power to borrow | ||||||
21 | money and to
issue its negotiable bonds or notes as provided in | ||||||
22 | this Section. Unless
otherwise indicated in this Section, the | ||||||
23 | term "notes" also includes bond
anticipation notes, which are | ||||||
24 | notes which by their terms provide for
their payment from the | ||||||
25 | proceeds of bonds thereafter to be issued. Bonds
or notes of |
| |||||||
| |||||||
1 | the Authority may be issued for any or all of the following
| ||||||
2 | purposes: to pay costs to the Authority or a Service Board of | ||||||
3 | constructing
or acquiring any public transportation facilities | ||||||
4 | (including funds and
rights relating thereto, as provided in | ||||||
5 | Section 2.05 of this Act); to repay
advances to the Authority | ||||||
6 | or a Service Board made for such purposes; to pay
other | ||||||
7 | expenses of the Authority or a Service Board incident to or | ||||||
8 | incurred
in connection with such construction or acquisition; | ||||||
9 | to provide funds for
any transportation agency to pay principal
| ||||||
10 | of or interest or redemption premium on any bonds or notes, | ||||||
11 | whether
as such amounts become due or by earlier redemption, | ||||||
12 | issued prior to the
date of this amendatory Act by such | ||||||
13 | transportation agency to construct or
acquire public | ||||||
14 | transportation facilities or to provide funds to purchase
such | ||||||
15 | bonds or notes; and to provide funds for any transportation | ||||||
16 | agency to
construct or acquire any public transportation | ||||||
17 | facilities, to repay
advances made for such purposes, and to | ||||||
18 | pay other expenses incident to
or incurred in connection with | ||||||
19 | such construction or acquisition; and to
provide funds for | ||||||
20 | payment of obligations, including the funding of reserves,
| ||||||
21 | under any self-insurance plan or joint self-insurance pool or | ||||||
22 | entity.
| ||||||
23 | In addition to any other borrowing as may be authorized by | ||||||
24 | this Section,
the Authority may issue its notes, from time to | ||||||
25 | time, in anticipation of
tax receipts of the Authority or of | ||||||
26 | other
revenues or receipts of the Authority, in order to |
| |||||||
| |||||||
1 | provide money for the
Authority or the Service Boards to cover | ||||||
2 | any cash flow deficit which
the Authority or a Service Board | ||||||
3 | anticipates incurring. Any such notes
are referred to in this | ||||||
4 | Section as "Working Cash Notes". No Working
Cash Notes shall be | ||||||
5 | issued for a term of longer than 24
18 months.
Proceeds of | ||||||
6 | Working Cash Notes may be used to pay day to day operating
| ||||||
7 | expenses of the Authority or the Service Boards, consisting of | ||||||
8 | wages,
salaries and fringe benefits, professional and | ||||||
9 | technical services
(including legal, audit, engineering and | ||||||
10 | other consulting services), office
rental, furniture, fixtures | ||||||
11 | and equipment, insurance premiums, claims for
self-insured | ||||||
12 | amounts under insurance policies, public utility
obligations | ||||||
13 | for telephone, light, heat and similar items, travel expenses,
| ||||||
14 | office supplies, postage, dues, subscriptions, public hearings | ||||||
15 | and information
expenses, fuel purchases, and payments of | ||||||
16 | grants and payments under purchase
of service agreements for | ||||||
17 | operations of transportation agencies, prior to
the receipt by | ||||||
18 | the Authority or a Service Board from time to time of
funds for | ||||||
19 | paying such expenses. In addition to any Working Cash Notes
| ||||||
20 | that the Board of the Authority may determine to issue, the | ||||||
21 | Suburban Bus
Board, the Commuter Rail Board or the Board of the | ||||||
22 | Chicago Transit Authority
may demand and direct that the | ||||||
23 | Authority issue its Working Cash Notes in
such amounts and | ||||||
24 | having such maturities as the Service Board may determine.
| ||||||
25 | Notwithstanding any other provision of this Act, any | ||||||
26 | amounts necessary to
pay principal of and interest on any
|
| |||||||
| |||||||
1 | Working Cash Notes issued at the demand
and direction of a | ||||||
2 | Service Board or any Working Cash Notes the proceeds of
which | ||||||
3 | were used for the direct benefit of a Service Board or any | ||||||
4 | other
Bonds or Notes of the Authority the proceeds of which | ||||||
5 | were used for the
direct benefit of a Service Board shall | ||||||
6 | constitute a reduction of the amount
of any other funds | ||||||
7 | provided by the Authority to that Service
Board. The Authority | ||||||
8 | shall, after deducting any costs of issuance, tender
the net | ||||||
9 | proceeds of any Working Cash Notes issued at the demand and
| ||||||
10 | direction of a Service Board to such Service Board as soon as | ||||||
11 | may be
practicable after the proceeds are received. The | ||||||
12 | Authority may also issue
notes or bonds to pay, refund or | ||||||
13 | redeem any of its notes and bonds,
including to pay redemption | ||||||
14 | premiums or accrued interest on such bonds or
notes being | ||||||
15 | renewed, paid or refunded, and other costs in connection
| ||||||
16 | therewith. The Authority may also utilize the proceeds of any | ||||||
17 | such bonds or
notes to pay the legal, financial, administrative | ||||||
18 | and other expenses of
such authorization, issuance, sale or | ||||||
19 | delivery of bonds or notes or to
provide or increase a debt | ||||||
20 | service reserve fund with respect to any or all
of its bonds or | ||||||
21 | notes. The Authority may also issue and deliver
its bonds or | ||||||
22 | notes in exchange for any public transportation facilities,
| ||||||
23 | (including funds and rights relating thereto, as provided in | ||||||
24 | Section
2.05 of this Act) or in exchange for outstanding bonds | ||||||
25 | or notes of the
Authority, including any accrued interest or | ||||||
26 | redemption premium thereon,
without advertising or submitting |
| |||||||
| |||||||
1 | such notes or bonds for public bidding.
| ||||||
2 | (b) The ordinance providing for the issuance of any such | ||||||
3 | bonds or
notes shall fix the date or dates of maturity, the | ||||||
4 | dates on which
interest is payable, any sinking fund account or | ||||||
5 | reserve fund account
provisions and all other details of such | ||||||
6 | bonds or notes and may provide
for such covenants or agreements | ||||||
7 | necessary or desirable with regard to
the issue, sale and | ||||||
8 | security of such bonds or notes. The rate or rates of
interest | ||||||
9 | on its bonds or notes may be fixed or variable and the | ||||||
10 | Authority
shall determine or provide for the determination of | ||||||
11 | the rate or
rates of interest of its bonds or notes
issued | ||||||
12 | under this Act in an ordinance adopted by the Authority prior | ||||||
13 | to
the issuance thereof, none of which rates of interest shall | ||||||
14 | exceed
that permitted in the Bond Authorization Act. Interest | ||||||
15 | may be payable at such times as are provided for
by the Board. | ||||||
16 | Bonds and notes issued under this Section may
be issued as | ||||||
17 | serial or term obligations, shall be of such denomination
or | ||||||
18 | denominations and form, including interest coupons to be | ||||||
19 | attached
thereto, be executed in such manner, shall be payable | ||||||
20 | at such place or
places and bear such date as the Authority | ||||||
21 | shall fix by the ordinance
authorizing such bond or note and | ||||||
22 | shall mature at such time or times,
within a period not to | ||||||
23 | exceed forty years from the date of issue, and
may be | ||||||
24 | redeemable prior to maturity with or without premium, at the
| ||||||
25 | option of the Authority, upon such terms and conditions as the | ||||||
26 | Authority
shall fix by the ordinance authorizing the issuance |
| |||||||
| |||||||
1 | of such bonds or
notes. No bond anticipation note or any | ||||||
2 | renewal thereof shall mature at
any time or times exceeding 5 | ||||||
3 | years from the date of the first issuance
of such note. The | ||||||
4 | Authority may provide for the registration of bonds or
notes in | ||||||
5 | the name of the owner as to the principal alone or as to both
| ||||||
6 | principal and interest, upon such terms and conditions as the | ||||||
7 | Authority
may determine. The ordinance authorizing bonds or | ||||||
8 | notes may provide for
the exchange of such bonds or notes which | ||||||
9 | are fully registered, as to
both principal and interest, with | ||||||
10 | bonds or notes which are registerable
as to principal only. All | ||||||
11 | bonds or notes issued under this Section by
the Authority other | ||||||
12 | than those issued in exchange for property or for
bonds or | ||||||
13 | notes of the Authority shall be sold at a price which may be at
| ||||||
14 | a premium or discount but such that the interest cost | ||||||
15 | (excluding any
redemption premium) to the Authority of the | ||||||
16 | proceeds of an issue of such
bonds or notes, computed to stated | ||||||
17 | maturity according to standard tables
of bond values, shall not | ||||||
18 | exceed that permitted in the Bond Authorization
Act. The | ||||||
19 | Authority shall notify
the
Governor's Office of Management and | ||||||
20 | Budget and the State Comptroller at least 30 days
before any | ||||||
21 | bond sale and shall file with the
Governor's Office of | ||||||
22 | Management and Budget and the
State Comptroller a certified | ||||||
23 | copy of any ordinance authorizing the issuance
of bonds at or | ||||||
24 | before the issuance of the bonds.
After December 31, 1994, any | ||||||
25 | such bonds or notes shall be sold
to the highest and best | ||||||
26 | bidder on sealed bids as the Authority shall deem.
As such |
| |||||||
| |||||||
1 | bonds or notes are to be sold the Authority shall advertise for
| ||||||
2 | proposals to purchase the bonds or notes which advertisement | ||||||
3 | shall be published
at least once in a daily newspaper of | ||||||
4 | general circulation published in the
metropolitan region at | ||||||
5 | least 10 days before the time set for the submission
of bids. | ||||||
6 | The Authority shall have the right to reject any or all bids.
| ||||||
7 | Notwithstanding any other provisions of this Section, Working | ||||||
8 | Cash Notes or
bonds or notes to provide funds for | ||||||
9 | self-insurance or a joint self-insurance
pool or entity may be | ||||||
10 | sold either upon competitive bidding or by negotiated
sale
| ||||||
11 | (without any requirement of publication of intention to | ||||||
12 | negotiate the sale
of such Notes), as the Board shall determine | ||||||
13 | by ordinance adopted with the
affirmative votes of at least 9
7 | ||||||
14 | Directors. In case any officer whose signature
appears on any | ||||||
15 | bonds, notes or coupons authorized pursuant to this
Section | ||||||
16 | shall cease to be such officer before delivery of such bonds or
| ||||||
17 | notes, such signature shall nevertheless be valid and | ||||||
18 | sufficient for all
purposes, the same as if such officer had | ||||||
19 | remained in office until such
delivery. Neither the Directors | ||||||
20 | of the Authority nor any person
executing any bonds or notes | ||||||
21 | thereof shall be liable personally on any
such bonds or notes | ||||||
22 | or coupons by reason of the issuance thereof.
| ||||||
23 | (c) All bonds or notes of the Authority issued pursuant to | ||||||
24 | this Section
shall be general obligations
of the Authority to | ||||||
25 | which shall be pledged the full faith and credit of the
| ||||||
26 | Authority, as provided in this Section. Such bonds or notes
|
| |||||||
| |||||||
1 | shall be secured
as provided in the authorizing ordinance, | ||||||
2 | which may, notwithstanding any other
provision of this Act, | ||||||
3 | include in addition to any other security, a specific
pledge or | ||||||
4 | assignment of and lien on or security interest in any or all | ||||||
5 | tax
receipts of the Authority and on any or all other revenues | ||||||
6 | or moneys of the
Authority from whatever source, which may by | ||||||
7 | law be utilized for debt
service purposes and a specific pledge | ||||||
8 | or assignment of and lien on or security
interest in any funds | ||||||
9 | or accounts established or provided for by the ordinance
of the | ||||||
10 | Authority authorizing the issuance of such bonds or notes. Any | ||||||
11 | such
pledge, assignment, lien or security interest for the | ||||||
12 | benefit of holders of
bonds or notes of the Authority shall be | ||||||
13 | valid and binding from the time the
bonds or notes are issued | ||||||
14 | without any physical delivery or further act
and shall be valid | ||||||
15 | and binding as against and prior to the claims of all
other | ||||||
16 | parties having claims of any kind against the Authority or any | ||||||
17 | other
person irrespective of whether such other parties have | ||||||
18 | notice of such pledge,
assignment, lien or security interest. | ||||||
19 | The obligations of the Authority
incurred pursuant to this | ||||||
20 | Section shall be superior to and have priority over
any other | ||||||
21 | obligations of the Authority.
| ||||||
22 | The Authority may provide in the
ordinance authorizing the | ||||||
23 | issuance of any bonds or notes issued pursuant to
this Section | ||||||
24 | for the creation of, deposits in, and regulation and | ||||||
25 | disposition
of sinking fund or reserve accounts relating to | ||||||
26 | such bonds or notes. The
ordinance authorizing the issuance of |
| |||||||
| |||||||
1 | any bonds or notes pursuant to this
Section may contain | ||||||
2 | provisions as part of the contract with the holders
of the | ||||||
3 | bonds or notes, for the creation of a separate fund to provide
| ||||||
4 | for the payment of principal and interest on such bonds or | ||||||
5 | notes
and for the deposit in such fund from any or all the tax | ||||||
6 | receipts of the
Authority and from any or all such other moneys | ||||||
7 | or revenues of the
Authority from whatever source which may by | ||||||
8 | law be utilized for debt
service purposes, all as provided in | ||||||
9 | such ordinance, of amounts to meet
the debt service | ||||||
10 | requirements on such bonds or notes, including
principal and | ||||||
11 | interest, and any sinking fund or reserve fund account
| ||||||
12 | requirements as may be provided by such ordinance, and all | ||||||
13 | expenses
incident to or in connection with such fund and | ||||||
14 | accounts or the payment
of such bonds or notes.
Such ordinance | ||||||
15 | may also provide limitations on the issuance of additional
| ||||||
16 | bonds or notes of the Authority. No such bonds or notes of the | ||||||
17 | Authority
shall constitute a debt of the State of Illinois. | ||||||
18 | Nothing in this Act shall
be construed to enable the Authority | ||||||
19 | to impose any ad valorem tax on property.
| ||||||
20 | (d) The ordinance of the Authority authorizing the issuance | ||||||
21 | of any bonds
or notes may provide additional security for such | ||||||
22 | bonds or notes by providing
for appointment of a corporate | ||||||
23 | trustee (which may be any trust company or
bank having the | ||||||
24 | powers of a trust company within the state) with respect
to | ||||||
25 | such bonds or notes. The ordinance shall prescribe the rights, | ||||||
26 | duties
and powers of the trustee to be exercised for the |
| |||||||
| |||||||
1 | benefit of the Authority
and the protection of the holders of | ||||||
2 | such bonds or notes. The ordinance
may provide for the trustee | ||||||
3 | to hold in trust, invest and use amounts in
funds and accounts | ||||||
4 | created as provided by the ordinance with respect to
the bonds | ||||||
5 | or notes. The ordinance may provide for the assignment and | ||||||
6 | direct
payment to the trustee of any or all amounts produced | ||||||
7 | from the sources
provided in Section 4.03 and Section 4.09 of | ||||||
8 | this Act and provided in Section 6z-17 of "An Act
in relation | ||||||
9 | to State finance", approved June 10, 1919, as amended.
Upon | ||||||
10 | receipt of notice of any such assignment, the Department of | ||||||
11 | Revenue and
the Comptroller of the State of Illinois shall | ||||||
12 | thereafter, notwithstanding the
provisions of Section 4.03 and | ||||||
13 | Section 4.09 of this Act and Section 6z-17 of "An Act in | ||||||
14 | relation
to State finance", approved June 10, 1919, as amended, | ||||||
15 | provide for such
assigned amounts to be paid directly to the | ||||||
16 | trustee instead of the Authority,
all in accordance with the | ||||||
17 | terms of the ordinance making the assignment. The
ordinance | ||||||
18 | shall provide that
amounts so paid to the trustee which are not | ||||||
19 | required to be deposited, held
or invested in funds and | ||||||
20 | accounts created by the ordinance with respect
to bonds or | ||||||
21 | notes or used for paying bonds or notes to be paid by the | ||||||
22 | trustee
to the Authority.
| ||||||
23 | (e) Any bonds or notes of the Authority issued pursuant to | ||||||
24 | this
Section shall constitute a contract between the Authority | ||||||
25 | and the
holders from time to time of such bonds or notes. In | ||||||
26 | issuing any bond or
note, the Authority may include in the |
| |||||||
| |||||||
1 | ordinance authorizing such issue
a covenant as part of the | ||||||
2 | contract with the holders of the bonds or
notes, that as long | ||||||
3 | as such obligations are outstanding, it shall make
such | ||||||
4 | deposits, as provided in paragraph (c) of this Section. It may | ||||||
5 | also
so covenant that it shall impose and continue to impose | ||||||
6 | taxes, as
provided in Section 4.03 of this Act and in addition | ||||||
7 | thereto as
subsequently authorized by law, sufficient to make | ||||||
8 | such deposits and pay
the principal and interest and to meet | ||||||
9 | other debt service requirements
of such bonds or notes as they | ||||||
10 | become due. A certified copy of the
ordinance authorizing the | ||||||
11 | issuance of any such obligations shall be
filed at or prior to | ||||||
12 | the issuance of such obligations with the Comptroller
of the | ||||||
13 | State of Illinois and the Illinois Department of Revenue.
| ||||||
14 | (f) The State of Illinois pledges to and agrees with the | ||||||
15 | holders of
the bonds and notes of the Authority issued pursuant | ||||||
16 | to this Section
that the State will not limit or alter the | ||||||
17 | rights and powers vested in
the Authority by this Act so as to | ||||||
18 | impair the terms of any contract made
by the Authority with | ||||||
19 | such holders or in any way impair the rights and
remedies of | ||||||
20 | such holders until such bonds and notes, together with
interest | ||||||
21 | thereon, with interest on any unpaid installments of interest,
| ||||||
22 | and all costs and expenses in connection with any action or | ||||||
23 | proceedings
by or on behalf of such holders, are fully met and | ||||||
24 | discharged. In
addition, the State pledges to and agrees with | ||||||
25 | the holders of the bonds
and notes of the Authority issued | ||||||
26 | pursuant to this Section that the
State will not limit or alter |
| |||||||
| |||||||
1 | the basis on which State funds are to be
paid to the Authority | ||||||
2 | as provided in this Act, or the use of such funds,
so as to | ||||||
3 | impair the terms of any such contract. The Authority is
| ||||||
4 | authorized to include these pledges and agreements of the State | ||||||
5 | in any
contract with the holders of bonds or notes issued | ||||||
6 | pursuant to this
Section.
| ||||||
7 | (g) (1) Except as provided in subdivisions (g)(2) and | ||||||
8 | (g)(3) of Section
4.04 of this Act, the Authority shall not | ||||||
9 | at any time issue, sell or deliver
any bonds or notes | ||||||
10 | (other than Working Cash Notes) pursuant to this Section
| ||||||
11 | 4.04 which will cause
it to have issued and outstanding at | ||||||
12 | any time in excess of $800,000,000 of such
bonds and notes | ||||||
13 | (other than Working Cash Notes).
The Authority shall not at | ||||||
14 | any time issue, sell, or deliver any Working Cash Notes | ||||||
15 | pursuant to this Section that will cause it to have issued | ||||||
16 | and outstanding at any time in excess of $100,000,000. | ||||||
17 | Notwithstanding the foregoing, before January 1, 2009, the | ||||||
18 | Authority may issue, sell, and deliver an additional | ||||||
19 | $300,000,000 in Working Cash Notes, provided that any such | ||||||
20 | additional notes shall mature on or before December 31, | ||||||
21 | 2010.
The Authority shall not at any time issue, sell or | ||||||
22 | deliver any Working
Cash Notes pursuant to this Section | ||||||
23 | which will cause it to have issued and
outstanding at any | ||||||
24 | time in excess of $100,000,000 of Working Cash Notes.
Bonds | ||||||
25 | or notes which are being paid or retired by
such issuance, | ||||||
26 | sale or delivery of bonds or notes, and bonds or notes for
|
| |||||||
| |||||||
1 | which sufficient funds have been deposited with the paying | ||||||
2 | agency of
such bonds or notes to provide for payment of | ||||||
3 | principal and interest
thereon or to provide for the | ||||||
4 | redemption thereof, all pursuant to the
ordinance | ||||||
5 | authorizing the issuance of such bonds or notes, shall not | ||||||
6 | be
considered to be outstanding for the purposes of the | ||||||
7 | first two sentences
of this subsection.
| ||||||
8 | (2) In addition to the authority provided by paragraphs
| ||||||
9 | (1) and (3), the Authority is authorized to issue, sell and | ||||||
10 | deliver bonds
or notes for Strategic Capital Improvement | ||||||
11 | Projects approved pursuant to
Section 4.13 as follows:
| ||||||
12 | $100,000,000 is authorized to be issued on or after | ||||||
13 | January 1, 1990;
| ||||||
14 | an additional $100,000,000 is authorized to be issued | ||||||
15 | on or after
January 1, 1991;
| ||||||
16 | an additional $100,000,000 is authorized to be issued | ||||||
17 | on or after
January 1, 1992;
| ||||||
18 | an additional $100,000,000 is authorized to be issued | ||||||
19 | on or after
January 1, 1993;
| ||||||
20 | an additional $100,000,000 is authorized to be issued | ||||||
21 | on or after
January 1, 1994; and
| ||||||
22 | the aggregate total authorization of bonds and notes | ||||||
23 | for Strategic
Capital Improvement Projects as of January 1, | ||||||
24 | 1994, shall be $500,000,000.
| ||||||
25 | The Authority is also authorized to issue, sell, and | ||||||
26 | deliver bonds or
notes in such amounts as are necessary to |
| |||||||
| |||||||
1 | provide for the refunding or advance
refunding of bonds or | ||||||
2 | notes issued for Strategic Capital Improvement Projects
| ||||||
3 | under this subdivision (g)(2), provided that no such | ||||||
4 | refunding bond or note
shall mature later than the final | ||||||
5 | maturity date of the series of bonds or notes
being | ||||||
6 | refunded, and provided further that the debt service | ||||||
7 | requirements for
such refunding bonds or notes in the | ||||||
8 | current or any future fiscal year shall
not exceed the debt | ||||||
9 | service requirements for that year on the refunded bonds
or | ||||||
10 | notes.
| ||||||
11 | (3) In addition to the authority provided by paragraphs | ||||||
12 | (1) and (2),
the Authority is authorized to issue, sell, | ||||||
13 | and deliver bonds or notes for
Strategic Capital | ||||||
14 | Improvement Projects approved pursuant to Section 4.13 as
| ||||||
15 | follows:
| ||||||
16 | $260,000,000 is authorized to be issued on or after | ||||||
17 | January 1, 2000;
| ||||||
18 | an additional $260,000,000 is authorized to be issued | ||||||
19 | on or after
January 1, 2001;
| ||||||
20 | an additional $260,000,000 is authorized to be issued | ||||||
21 | on or after
January 1, 2002;
| ||||||
22 | an additional $260,000,000 is authorized to be issued | ||||||
23 | on or after
January 1, 2003;
| ||||||
24 | an additional $260,000,000 is authorized to be issued | ||||||
25 | on or after
January 1, 2004; and
| ||||||
26 | the aggregate total authorization of bonds and notes |
| |||||||
| |||||||
1 | for Strategic
Capital Improvement Projects pursuant to | ||||||
2 | this paragraph (3) as of
January 1, 2004 shall be | ||||||
3 | $1,300,000,000.
| ||||||
4 | The Authority is also authorized to issue, sell, and | ||||||
5 | deliver bonds or notes
in such amounts as are necessary to | ||||||
6 | provide for the refunding or advance
refunding of bonds or | ||||||
7 | notes issued for Strategic Capital Improvement projects
| ||||||
8 | under this subdivision (g)(3), provided that no such | ||||||
9 | refunding bond or note
shall mature later than the final | ||||||
10 | maturity date of the series of bonds or notes
being | ||||||
11 | refunded, and provided further that the debt service | ||||||
12 | requirements for
such refunding bonds or notes in the | ||||||
13 | current or any future fiscal year shall
not exceed the debt | ||||||
14 | service requirements for that year on the refunded bonds or
| ||||||
15 | notes.
| ||||||
16 | (h) The Authority, subject to the terms of any agreements | ||||||
17 | with noteholders
or bond holders as may then exist, shall have | ||||||
18 | power, out of any funds
available therefor, to purchase notes | ||||||
19 | or bonds of the Authority, which
shall thereupon be cancelled.
| ||||||
20 | (i) In addition to any other authority granted by law, the | ||||||
21 | State Treasurer
may, with the approval of the Governor, invest | ||||||
22 | or reinvest, at a price not
to exceed par, any State money in | ||||||
23 | the State Treasury which is not needed
for current expenditures | ||||||
24 | due or about to become due in Working Cash Notes.
| ||||||
25 | (Source: P.A. 94-793, eff. 5-19-06.)
|
| |||||||
| |||||||
1 | (70 ILCS 3615/4.09) (from Ch. 111 2/3, par. 704.09)
| ||||||
2 | Sec. 4.09. Public Transportation Fund and the Regional | ||||||
3 | Transportation
Authority Occupation and Use Tax Replacement | ||||||
4 | Fund.
| ||||||
5 | (a)(1)
(a) As soon as possible after the first day of each | ||||||
6 | month, beginning
November 1, 1983, the Comptroller shall order | ||||||
7 | transferred and the Treasurer
shall transfer from the General | ||||||
8 | Revenue Fund to a special fund in the State
Treasury, to be | ||||||
9 | known as the "Public Transportation Fund" $9,375,000 for
each | ||||||
10 | month remaining in State fiscal year 1984. As soon as possible | ||||||
11 | after
the first day of each month, beginning July 1, 1984, upon | ||||||
12 | certification of
the Department of Revenue, the Comptroller | ||||||
13 | shall order transferred and the
Treasurer shall transfer from | ||||||
14 | the General Revenue Fund to a special fund in the State | ||||||
15 | Treasury to be known as the Public
Transportation Fund an | ||||||
16 | amount equal to 25% of the net revenue, before the
deduction of | ||||||
17 | the serviceman and retailer discounts pursuant to Section 9 of
| ||||||
18 | the Service Occupation Tax Act and Section 3 of the Retailers' | ||||||
19 | Occupation
Tax Act, realized from
any tax imposed by the | ||||||
20 | Authority pursuant to
Sections 4.03 and 4.03.1 and 25% of the | ||||||
21 | amounts deposited into the Regional
Transportation Authority | ||||||
22 | tax fund created by Section 4.03 of this Act, from
the County | ||||||
23 | and Mass Transit District Fund as provided in Section 6z-20 of
| ||||||
24 | the State Finance Act and 25% of the amounts deposited into the | ||||||
25 | Regional
Transportation Authority Occupation and Use Tax | ||||||
26 | Replacement Fund from the
State and Local Sales Tax Reform Fund |
| |||||||
| |||||||
1 | as provided in Section 6z-17 of the
State Finance Act.
As used | ||||||
2 | in this Section, net Net revenue realized for a month shall be | ||||||
3 | the revenue
collected by the State pursuant to Sections 4.03 | ||||||
4 | and 4.03.1 during the
previous month from within the | ||||||
5 | metropolitan region, less the amount paid
out during that same | ||||||
6 | month as refunds to taxpayers for overpayment of
liability in | ||||||
7 | the metropolitan region under Sections 4.03 and 4.03.1.
| ||||||
8 | (2) In addition to any other deposits or transfers into the | ||||||
9 | Public Transportation Fund, beginning on the 25th day after the | ||||||
10 | month in which retailers of motor fuel in the metropolitan | ||||||
11 | region are required under the Retailers' Occupation Tax Act to | ||||||
12 | separately file a report with the Illinois Department of | ||||||
13 | Revenue of gross receipts on the sale of motor fuel in | ||||||
14 | accordance with the provisions of this amendatory Act of the | ||||||
15 | 95th General Assembly, on or before the 25th day of each | ||||||
16 | calendar month, the Illinois Department of Revenue shall | ||||||
17 | prepare and certify to the Comptroller the transfer of stated | ||||||
18 | sums of money from the General Revenue Fund into the Public | ||||||
19 | Transportation Fund. The amount to be certified shall be a | ||||||
20 | percentage of the amount collected by the Department of Revenue | ||||||
21 | from sales of motor fuel by the retailer in the metropolitan | ||||||
22 | region during the preceding calendar month (including amounts | ||||||
23 | prepaid by the retailer to the motor fuel distributor under | ||||||
24 | Section 2d of the Retailers' Occupation Tax Act). The | ||||||
25 | Department of Revenue shall determine the amount collected from | ||||||
26 | the sale of motor fuel by retailers in the metropolitan region |
| |||||||
| |||||||
1 | based on reports required to be filed under the Retailers' | ||||||
2 | Occupation Tax Act in accordance with this Amendatory Act of | ||||||
3 | the 95th General Assembly. For each monthly transfer, the | ||||||
4 | amount to be certified shall be 80% of the net revenue realized | ||||||
5 | from the 6.25% general rate on the selling price of motor fuel | ||||||
6 | sold by a retailer that is located within the metropolitan | ||||||
7 | region. Within 10 days after receipt by the Comptroller of the | ||||||
8 | transfer certification from the Department of Revenue, the | ||||||
9 | Comptroller shall order transferred and the Treasurer shall | ||||||
10 | transfer the amount certified from the General Revenue Fund | ||||||
11 | into the Public Transportation Fund. For purposes of this | ||||||
12 | Section, "motor fuel" means that term as defined in the Motor | ||||||
13 | Fuel Tax Law, not including aviation fuel, and "metropolitan | ||||||
14 | region" means that term as defined in the Regional | ||||||
15 | Transportation Authority Act.
| ||||||
16 | (b)(1) All moneys deposited in the Public Transportation | ||||||
17 | Fund and the
Regional Transportation Authority Occupation and | ||||||
18 | Use Tax Replacement Fund,
whether deposited pursuant to this | ||||||
19 | Section or otherwise, are allocated to
the Authority. Pursuant | ||||||
20 | to appropriation, the Comptroller, as soon as
possible after | ||||||
21 | each monthly transfer provided in this Section and after
each | ||||||
22 | deposit into the Public Transportation Fund, shall order the | ||||||
23 | Treasurer
to pay to the Authority out of the Public | ||||||
24 | Transportation Fund the amount so
transferred or deposited. Any | ||||||
25 | Additional State Assistance and Additional Financial | ||||||
26 | Assistance paid to the Authority under this Section shall be |
| |||||||
| |||||||
1 | expended by the Authority for its purposes as provided in this | ||||||
2 | Act. The balance of the amounts paid to the Authority from the | ||||||
3 | Public Transportation Fund shall be expended by the Authority | ||||||
4 | as provided in Section 4.03.3.
Such amounts paid to the | ||||||
5 | Authority may be
expended by it for its purposes as provided in | ||||||
6 | this Act. Subject to appropriation to the Department of | ||||||
7 | Revenue, the Comptroller,
as soon as possible after each | ||||||
8 | deposit into the Regional Transportation
Authority Occupation | ||||||
9 | and Use Tax Replacement Fund provided in this Section
and | ||||||
10 | Section 6z-17 of the State Finance Act, shall order the | ||||||
11 | Treasurer
to pay to the Authority out of the Regional | ||||||
12 | Transportation Authority
Occupation and Use Tax Replacement | ||||||
13 | Fund the amount so deposited. Such
amounts paid to the | ||||||
14 | Authority may be expended by it for its purposes as
provided in | ||||||
15 | this Act. (2) Provided, however, no moneys deposited under | ||||||
16 | subsection (a)
of this Section shall be paid from the Public | ||||||
17 | Transportation
Fund to the Authority or its assignee for any | ||||||
18 | fiscal year beginning after
the effective
date of this | ||||||
19 | amendatory Act of 1983 until the Authority has certified to
the | ||||||
20 | Governor, the Comptroller, and the Mayor of the City of Chicago | ||||||
21 | that it
has adopted for that fiscal year an Annual Budget and | ||||||
22 | Two-Year Financial Plan
a budget and financial plan meeting the
| ||||||
23 | requirements in Section 4.01(b).
| ||||||
24 | (c) In recognition of the efforts of the Authority to | ||||||
25 | enhance the mass
transportation facilities under its control, | ||||||
26 | the State shall provide
financial assistance ("Additional |
| ||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||
1 | State Assistance") in excess of the
amounts transferred to the | |||||||||||||||||||||||||||||||||||||||||
2 | Authority from the General Revenue Fund under
subsection (a) of | |||||||||||||||||||||||||||||||||||||||||
3 | this Section. Additional State Assistance shall be
calculated | |||||||||||||||||||||||||||||||||||||||||
4 | as provided in
subsection (d), but shall in no event exceed the | |||||||||||||||||||||||||||||||||||||||||
5 | following
specified amounts with respect to the following State | |||||||||||||||||||||||||||||||||||||||||
6 | fiscal years:
| |||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||
17 | (c-5) The State shall provide financial assistance | |||||||||||||||||||||||||||||||||||||||||
18 | ("Additional Financial
Assistance") in addition to the | |||||||||||||||||||||||||||||||||||||||||
19 | Additional State Assistance provided by
subsection (c) and the | |||||||||||||||||||||||||||||||||||||||||
20 | amounts transferred to the Authority from the General
Revenue | |||||||||||||||||||||||||||||||||||||||||
21 | Fund under subsection (a) of this Section. Additional Financial
| |||||||||||||||||||||||||||||||||||||||||
22 | Assistance provided by this subsection shall be calculated as | |||||||||||||||||||||||||||||||||||||||||
23 | provided in
subsection (d), but shall in no event exceed the | |||||||||||||||||||||||||||||||||||||||||
24 | following specified amounts
with respect to the following State | |||||||||||||||||||||||||||||||||||||||||
25 | fiscal years:
| |||||||||||||||||||||||||||||||||||||||||
|
| ||||||||||||||||||||||||||
| ||||||||||||||||||||||||||
| ||||||||||||||||||||||||||
7 | (d) Beginning with State fiscal year 1990 and continuing | |||||||||||||||||||||||||
8 | for each
State fiscal year thereafter, the Authority shall | |||||||||||||||||||||||||
9 | annually certify to the
State Comptroller and State Treasurer, | |||||||||||||||||||||||||
10 | separately with respect to each of
subdivisions (g)(2) and | |||||||||||||||||||||||||
11 | (g)(3) of Section 4.04 of this Act, the following
amounts:
| |||||||||||||||||||||||||
12 | (1) The amount necessary and required, during the State | |||||||||||||||||||||||||
13 | fiscal year with
respect to which the certification is | |||||||||||||||||||||||||
14 | made, to pay its obligations for debt
service on all | |||||||||||||||||||||||||
15 | outstanding bonds or notes issued by the Authority under | |||||||||||||||||||||||||
16 | subdivisions (g)(2) and (g)(3) of
Section 4.04 of this Act.
| |||||||||||||||||||||||||
17 | (2) An estimate of the amount necessary and required to | |||||||||||||||||||||||||
18 | pay its
obligations for debt service for any bonds or notes | |||||||||||||||||||||||||
19 | which the Authority anticipates it
will issue under | |||||||||||||||||||||||||
20 | subdivisions (g)(2) and (g)(3) of Section 4.04 during
that | |||||||||||||||||||||||||
21 | State fiscal year.
| |||||||||||||||||||||||||
22 | (3) Its debt service savings during the preceding State | |||||||||||||||||||||||||
23 | fiscal year
from refunding or advance refunding of bonds or | |||||||||||||||||||||||||
24 | notes issued under subdivisions
(g)(2) and (g)(3) of | |||||||||||||||||||||||||
25 | Section 4.04.
| |||||||||||||||||||||||||
26 | (4) The amount of interest, if any, earned by the |
| |||||||
| |||||||
1 | Authority during the
previous State fiscal year on the | ||||||
2 | proceeds of bonds or notes issued pursuant to
subdivisions | ||||||
3 | (g)(2) and (g)(3) of Section 4.04, other than refunding or | ||||||
4 | advance
refunding bonds or notes.
| ||||||
5 | The certification shall include a specific
schedule of debt | ||||||
6 | service payments, including the date and amount of each
payment | ||||||
7 | for all outstanding bonds or notes and an estimated schedule of
| ||||||
8 | anticipated debt service for all bonds and notes it intends to | ||||||
9 | issue, if any,
during that State fiscal year, including the | ||||||
10 | estimated date and estimated
amount of each payment.
| ||||||
11 | Immediately upon the issuance of bonds for which an | ||||||
12 | estimated schedule
of debt service payments was prepared, the | ||||||
13 | Authority shall file an amended
certification with respect to | ||||||
14 | item (2) above, to specify the actual
schedule of debt service | ||||||
15 | payments, including the date and amount of each
payment, for | ||||||
16 | the remainder of the State fiscal year.
| ||||||
17 | On the first day of each month of the
State fiscal year in | ||||||
18 | which there are bonds outstanding with respect to which
the | ||||||
19 | certification is made, the State Comptroller shall order | ||||||
20 | transferred and
the State Treasurer shall transfer from the | ||||||
21 | General Revenue Fund to the
Public Transportation Fund the | ||||||
22 | Additional State Assistance and Additional
Financial | ||||||
23 | Assistance in an amount equal to the aggregate of
(i) | ||||||
24 | one-twelfth of the sum of the amounts certified under items
(1) | ||||||
25 | and (3) above less the amount certified under item (4) above, | ||||||
26 | plus
(ii)
the amount required to pay debt service on bonds and |
| |||||||
| |||||||
1 | notes
issued during the fiscal year, if any, divided by the | ||||||
2 | number of months
remaining in the fiscal year after the date of | ||||||
3 | issuance, or some smaller
portion as may be necessary under | ||||||
4 | subsection (c)
or (c-5) of this Section for the relevant State | ||||||
5 | fiscal year, plus
(iii) any cumulative deficiencies in | ||||||
6 | transfers for prior months,
until an amount equal to the
sum of | ||||||
7 | the amounts certified under items (1) and (3) above,
plus the | ||||||
8 | actual debt service certified under item (2) above,
less the | ||||||
9 | amount certified under item (4) above,
has been transferred; | ||||||
10 | except that these transfers are subject to the
following | ||||||
11 | limits:
| ||||||
12 | (A) In no event shall the total transfers in any State | ||||||
13 | fiscal
year relating to outstanding bonds and notes issued | ||||||
14 | by the Authority under
subdivision (g)(2) of Section 4.04 | ||||||
15 | exceed the lesser of the annual maximum
amount specified in | ||||||
16 | subsection (c) or the sum of the amounts
certified under | ||||||
17 | items (1) and (3) above,
plus the actual debt service | ||||||
18 | certified under item (2) above,
less the amount certified | ||||||
19 | under item
(4) above, with respect to those bonds and | ||||||
20 | notes.
| ||||||
21 | (B) In no event shall the total transfers in any State | ||||||
22 | fiscal year
relating to outstanding bonds and notes issued | ||||||
23 | by the Authority under
subdivision (g)(3) of Section 4.04 | ||||||
24 | exceed the lesser of the annual maximum
amount specified in | ||||||
25 | subsection (c-5) or the sum of the amounts certified under
| ||||||
26 | items (1) and (3) above,
plus the actual debt service |
| |||||||
| |||||||
1 | certified under item (2) above,
less the amount certified | ||||||
2 | under item (4) above, with
respect to those bonds and | ||||||
3 | notes.
| ||||||
4 | The term "outstanding" does not include bonds or notes for | ||||||
5 | which
refunding or advance refunding bonds or notes have been | ||||||
6 | issued.
| ||||||
7 | (e) Neither Additional State Assistance nor Additional | ||||||
8 | Financial
Assistance may be pledged, either directly or
| ||||||
9 | indirectly as general revenues of the Authority, as security | ||||||
10 | for any bonds
issued by the Authority. The Authority may not | ||||||
11 | assign its right to receive
Additional State Assistance or | ||||||
12 | Additional Financial Assistance, or direct
payment of | ||||||
13 | Additional State
Assistance or Additional Financial | ||||||
14 | Assistance, to a trustee or any other
entity for the
payment of | ||||||
15 | debt service
on its bonds.
| ||||||
16 | (f) The certification required under subsection (d) with | ||||||
17 | respect to
outstanding bonds and notes of the Authority shall | ||||||
18 | be
filed as early as practicable before the beginning of the | ||||||
19 | State fiscal
year to which it relates. The certification shall | ||||||
20 | be revised as may be
necessary to accurately state the debt | ||||||
21 | service requirements of the Authority.
| ||||||
22 | (g) Within 6 months of the end of the 3 month period ending | ||||||
23 | December 31,
1983, and each fiscal year thereafter , the | ||||||
24 | Authority shall determine: | ||||||
25 | (i) whether
the aggregate of all system generated | ||||||
26 | revenues for public transportation
in the metropolitan |
| |||||||
| |||||||
1 | region which is provided by, or under grant or purchase
of | ||||||
2 | service contracts with, the Service Boards equals 50% of | ||||||
3 | the aggregate
of all costs of providing such public | ||||||
4 | transportation. "System generated
revenues" include all | ||||||
5 | the proceeds of fares and charges for services provided,
| ||||||
6 | contributions received in connection with public | ||||||
7 | transportation from units
of local government other than | ||||||
8 | the Authority and from the State pursuant
to subsection (i) | ||||||
9 | of Section 2705-305 of the Department of Transportation Law
| ||||||
10 | (20 ILCS 2705/2705-305), and all other revenues properly | ||||||
11 | included consistent
with generally accepted accounting | ||||||
12 | principles but may not include: the proceeds
from any | ||||||
13 | borrowing, and, beginning with the 2007 fiscal year, all | ||||||
14 | revenues and receipts, including but not limited to fares | ||||||
15 | and grants received from the federal, State or any unit of | ||||||
16 | local government or other entity, derived from providing | ||||||
17 | ADA paratransit service pursuant to Section 2.30 of the | ||||||
18 | Regional Transportation Authority Act. "Costs" include all | ||||||
19 | items properly included as
operating costs consistent with | ||||||
20 | generally accepted accounting principles,
including | ||||||
21 | administrative costs, but do not include: depreciation; | ||||||
22 | payment
of principal and interest on bonds, notes or other | ||||||
23 | evidences of obligations
for borrowed money of the | ||||||
24 | Authority; payments with respect to public
transportation | ||||||
25 | facilities made pursuant to subsection (b) of Section 2.20;
| ||||||
26 | any payments with respect to rate protection contracts, |
| |||||||
| |||||||
1 | credit
enhancements or liquidity agreements made under | ||||||
2 | Section 4.14; any other
cost as to which it is reasonably | ||||||
3 | expected that a cash
expenditure will not be made; costs up | ||||||
4 | to $5,000,000 annually for passenger
security including | ||||||
5 | grants, contracts, personnel, equipment and
administrative | ||||||
6 | expenses, except in the case of the Chicago Transit
| ||||||
7 | Authority, in which case the term does not include costs | ||||||
8 | spent annually by
that entity for protection against crime | ||||||
9 | as required by Section 27a of the
Metropolitan Transit | ||||||
10 | Authority Act; the costs of Debt Service paid by the | ||||||
11 | Chicago Transit Authority, as defined in Section 12c of the | ||||||
12 | Metropolitan Transit Authority Act, or bonds or notes | ||||||
13 | issued pursuant to that Section; the payment by the | ||||||
14 | Commuter Rail Division of debt service on bonds issued | ||||||
15 | pursuant to Section 3B.09; expenses incurred by the | ||||||
16 | Suburban Bus Division for the cost of new public | ||||||
17 | transportation services funded from grants pursuant to | ||||||
18 | Section 2.01e of this amendatory Act of the 95th General | ||||||
19 | Assembly for a period of 2 years from the date of | ||||||
20 | initiation of each such service; costs as exempted by the | ||||||
21 | Board for
projects pursuant to Section 2.09 of this Act; | ||||||
22 | or, beginning with the 2007 fiscal year, expenses related | ||||||
23 | to providing ADA paratransit service pursuant to Section | ||||||
24 | 2.30 of the Regional Transportation Authority Act ; or in | ||||||
25 | fiscal years 2008 through 2012 inclusive, costs in the | ||||||
26 | amount of $200,000,000 in fiscal year 2008, reducing by |
| |||||||
| |||||||
1 | $40,000,000 in each fiscal year thereafter until this | ||||||
2 | exemption is eliminated . If said system generated
revenues | ||||||
3 | are less than 50% of said costs, the Board shall remit an | ||||||
4 | amount
equal to the amount of the deficit to the State. The | ||||||
5 | Treasurer shall
deposit any such payment in the General | ||||||
6 | Revenue Fund; and
| ||||||
7 | (ii) whether, beginning with the 2007 fiscal year, the | ||||||
8 | aggregate of all fares charged and received for ADA | ||||||
9 | paratransit services equals the system generated ADA | ||||||
10 | paratransit services revenue recovery ratio percentage of | ||||||
11 | the aggregate of all costs of providing such ADA | ||||||
12 | paratransit services.
| ||||||
13 | (h) If the Authority makes any payment to the State under | ||||||
14 | paragraph (g),
the Authority shall reduce the amount provided | ||||||
15 | to a Service Board from funds
transferred under paragraph (a) | ||||||
16 | in proportion to the amount by which
that Service Board failed | ||||||
17 | to meet its required system generated revenues
recovery ratio. | ||||||
18 | A Service Board which is affected by a reduction in funds
under | ||||||
19 | this paragraph shall submit to the Authority concurrently with | ||||||
20 | its
next due quarterly report a revised budget incorporating | ||||||
21 | the reduction in
funds. The revised budget must meet the | ||||||
22 | criteria specified in clauses (i)
through (vi) of Section | ||||||
23 | 4.11(b)(2). The Board shall review and act on the
revised | ||||||
24 | budget as provided in Section 4.11(b)(3).
| ||||||
25 | (Source: P.A. 94-370, eff. 7-29-05.)"; and
|
| |||||||
| |||||||
1 | (70 ILCS 3615/4.11) (from Ch. 111 2/3, par. 704.11)
| ||||||
2 | Sec. 4.11. Budget Review Powers.
| ||||||
3 | (a) The provisions of this Section
shall only be applicable | ||||||
4 | to financial periods beginning after December 31,
1983. The | ||||||
5 | Transition Board shall adopt a timetable governing the | ||||||
6 | certification
of estimates and any submissions required under | ||||||
7 | this Section for fiscal
year 1984 which shall control over the | ||||||
8 | provisions of this Act. Based
upon estimates which shall be | ||||||
9 | given to the Authority by the Director of
the
Governor's Office | ||||||
10 | of Management and Budget (formerly
Bureau of the Budget) of the | ||||||
11 | receipts to be received by the
Authority from the taxes imposed
| ||||||
12 | by the Authority and the authorized estimates of amounts
to be | ||||||
13 | available from State and other sources to the Service Boards, | ||||||
14 | and
the times at which such receipts and amounts will be | ||||||
15 | available, the Board
shall, not later than the next preceding | ||||||
16 | September 15th prior to the beginning
of the Authority's next | ||||||
17 | fiscal year,
advise each Service Board of the amounts estimated | ||||||
18 | by the Board to be available
for such Service Board during such | ||||||
19 | fiscal year and the two following fiscal
years and the times at | ||||||
20 | which such amounts will be available. The Board
shall, at the | ||||||
21 | same time, also advise each Service Board of its required
| ||||||
22 | system generated revenues recovery ratio for the next fiscal | ||||||
23 | year which
shall be the percentage of the aggregate costs of | ||||||
24 | providing public
transportation by or under jurisdiction of | ||||||
25 | that Service Board which must be
recovered from system | ||||||
26 | generated revenues. The Board shall, at the same time, |
| |||||||
| |||||||
1 | beginning with the 2007 fiscal year, also advise each Service | ||||||
2 | Board that provides ADA paratransit services of its required | ||||||
3 | system generated ADA paratransit services revenue recovery | ||||||
4 | ratio for the next fiscal year which shall be the percentage of | ||||||
5 | the aggregate costs of providing ADA paratransit services by or | ||||||
6 | under jurisdiction of that Service Board which must be | ||||||
7 | recovered from fares charged for such services, except that | ||||||
8 | such required system generated ADA paratransit services | ||||||
9 | revenue recovery ratio shall not exceed the minimum percentage | ||||||
10 | established pursuant to Section 4.01(b)(ii) of this Act. In | ||||||
11 | determining
a Service Board's system generated revenue | ||||||
12 | recovery ratio, the Board shall
consider the historical system | ||||||
13 | generated revenues recovery ratio for the
services subject to | ||||||
14 | the jurisdiction of that
Service Board. The Board shall not | ||||||
15 | increase a Service Board's system generated
revenues recovery | ||||||
16 | ratio for the next fiscal year over such ratio for the
current | ||||||
17 | fiscal year disproportionately or prejudicially to increases | ||||||
18 | in
such ratios for other Service Boards. The Board may, by | ||||||
19 | ordinance,
provide that (i) the cost of research and | ||||||
20 | development projects in the
fiscal year beginning January 1, | ||||||
21 | 1986 and ending December 31, 1986
conducted pursuant to Section | ||||||
22 | 2.09 of this Act, and (ii) up to $5,000,000
annually of the | ||||||
23 | costs for passenger security, and (iii) expenditures of amounts | ||||||
24 | granted to a Service Board from the Innovation, Coordination, | ||||||
25 | and Enhancement Fund for operating purposes may be exempted | ||||||
26 | from the
farebox recovery ratio or the system generated |
| |||||||
| |||||||
1 | revenues recovery ratio of
the Chicago Transit Authority, the | ||||||
2 | Suburban Bus Board, and the Commuter
Rail Board, or any of | ||||||
3 | them . During fiscal years 2008 through 2012, the Board may also | ||||||
4 | allocate the exemption of $200,000,000 and the reducing amounts | ||||||
5 | of costs provided by this amendatory Act of the 95th General | ||||||
6 | Assembly from the farebox recovery ratio or system generated | ||||||
7 | revenues recovery ratio of each Service Board . For the fiscal | ||||||
8 | year beginning January 1, 1986
and ending December 31, 1986, | ||||||
9 | and for the fiscal year beginning January
1, 1987 and ending | ||||||
10 | December 31, 1987, the Board shall, by ordinance, provide
that:
| ||||||
11 | (1) the amount of a grant, pursuant to Section 2705-310 of the
| ||||||
12 | Department of Transportation Law (20 ILCS 2705/2705-310), from | ||||||
13 | the Department of Transportation for
the cost of services for | ||||||
14 | the mobility limited provided by the Chicago
Transit Authority, | ||||||
15 | and (2) the amount of a grant, pursuant to Section
2705-310 of | ||||||
16 | the Department of Transportation Law (20 ILCS
2705/2705-310), | ||||||
17 | from the Department
of
Transportation for the cost of services | ||||||
18 | for the mobility limited by the
Suburban Bus Board or the | ||||||
19 | Commuter Rail Board, be exempt from the farebox
recovery ratio | ||||||
20 | or the system generated revenues recovery ratio.
| ||||||
21 | (b)(1) Not later than the next preceding November 15 prior | ||||||
22 | to the
commencement of such fiscal year, each Service Board | ||||||
23 | shall submit to the
Authority its proposed budget for such | ||||||
24 | fiscal year and its proposed
financial plan for the two | ||||||
25 | following fiscal years. Such budget and
financial plan shall | ||||||
26 | (i) be prepared in the format, follow the financial and |
| |||||||
| |||||||
1 | budgetary practices, and be based on any assumptions and | ||||||
2 | projections required by the Authority and (ii) not project or | ||||||
3 | assume a receipt of revenues from the
Authority in amounts | ||||||
4 | greater than those set forth in the estimates provided
by the | ||||||
5 | Authority pursuant to subsection (a) of this Section.
| ||||||
6 | (2) The Board shall review the proposed budget and two-year
| ||||||
7 | financial plan submitted
by each Service Board , and shall adopt | ||||||
8 | a consolidated budget and financial
plan . The Board shall | ||||||
9 | approve the budget and two-year financial plan of a Service | ||||||
10 | Board if:
| ||||||
11 | (i) the Board has approved the proposed budget and cash | ||||||
12 | flow plan for
such fiscal year of each Service Board, | ||||||
13 | pursuant to the conditions set forth
in clauses (ii) | ||||||
14 | through (vii) of this paragraph;
| ||||||
15 | (i)
(ii) such budget and plan show a balance between | ||||||
16 | (A) anticipated revenues
from all sources including | ||||||
17 | operating subsidies and (B) the costs of providing
the | ||||||
18 | services specified and of funding any operating deficits or | ||||||
19 | encumbrances
incurred in prior periods, including | ||||||
20 | provision for payment when due of
principal and interest on | ||||||
21 | outstanding indebtedness;
| ||||||
22 | (ii)
(iii) such budget and plan show cash balances | ||||||
23 | including the proceeds of
any anticipated cash flow | ||||||
24 | borrowing sufficient to pay with reasonable
promptness all | ||||||
25 | costs and expenses as incurred;
| ||||||
26 | (iii)
(iv) such budget and plan provide for a level of |
| |||||||
| |||||||
1 | fares or charges and
operating or administrative costs for | ||||||
2 | the public transportation provided
by or subject to the | ||||||
3 | jurisdiction of such Service Board sufficient to allow
the | ||||||
4 | Service Board to meet its required system generated revenue | ||||||
5 | recovery ratio and, beginning with the 2007 fiscal year, | ||||||
6 | system generated ADA paratransit services revenue recovery | ||||||
7 | ratio;
| ||||||
8 | (iv)
(v) such budget and plan are based upon and employ | ||||||
9 | assumptions and
projections which are reasonable and | ||||||
10 | prudent;
| ||||||
11 | (v)
(vi) such budget and plan have been prepared in | ||||||
12 | accordance with sound
financial practices as determined by | ||||||
13 | the Board; and
| ||||||
14 | (vi)
(vii) such budget and plan meet such other | ||||||
15 | financial, budgetary, or fiscal
requirements that the | ||||||
16 | Board may by rule or regulation establish ; and
.
| ||||||
17 | (vii) such budget and plan are consistent with the | ||||||
18 | goals and objectives adopted by the Authority in the | ||||||
19 | Strategic Plan.
| ||||||
20 | (3) (Blank)
In determining whether the budget and financial | ||||||
21 | plan provide a level
of fares or charges sufficient to allow a | ||||||
22 | Service Board to meet its required
system generated revenue | ||||||
23 | recovery ratio and, beginning with the 2007 fiscal year, system | ||||||
24 | generated ADA paratransit services revenue recovery ratio | ||||||
25 | under clause (iv) in subparagraph (2),
the Board shall allow a | ||||||
26 | Service Board to carry over cash from farebox
revenues to |
| |||||||
| |||||||
1 | subsequent fiscal years .
| ||||||
2 | (4) Unless the Board by an affirmative vote of 12
9 of the | ||||||
3 | then Directors
determines that the budget and financial plan of | ||||||
4 | a Service Board meets the
criteria specified in clauses (i)
| ||||||
5 | (ii) through (vii) of subparagraph (2) of
this paragraph (b), | ||||||
6 | the Board shall withhold from not release to that Service Board | ||||||
7 | 25% of any
funds for the periods covered by such budget and | ||||||
8 | financial plan except
for
the cash proceeds of taxes imposed by | ||||||
9 | the Authority under Section 4.03
and Section 4.03.1 and | ||||||
10 | received after February 1 and 25% of the amounts transferred to | ||||||
11 | the Authority from the Public Transportation Fund under Section | ||||||
12 | 4.09(a) after February 1 that the Board has estimated to be | ||||||
13 | available to that Service Board under Section 4.11(a). Such | ||||||
14 | funding shall be released to the Service Board only upon | ||||||
15 | approval of a budget and financial plan under this Section or | ||||||
16 | adoption of a budget and financial plan on behalf of the | ||||||
17 | Service Board by the Authority
which
are allocated to the | ||||||
18 | Service Board under Section
4.01 .
| ||||||
19 | (5) If the Board has not found that the budget and | ||||||
20 | financial plan of a
Service Board meets the criteria specified | ||||||
21 | in clauses (i) through (vii)
of subparagraph (2) of this | ||||||
22 | paragraph (b), the Board , by the affirmative vote of at least | ||||||
23 | 12 of its then Directors, shall
shall, five working
days after | ||||||
24 | the start of the Service Board's fiscal year adopt a budget and
| ||||||
25 | financial plan meeting such criteria for that Service Board.
| ||||||
26 | (c)(1) If the Board shall at any time have received a
|
| |||||||
| |||||||
1 | revised estimate, or revises any estimate the Board has made, | ||||||
2 | pursuant to
this Section of the receipts to be collected by the | ||||||
3 | Authority which, in
the judgment of the Board, requires a | ||||||
4 | change in the estimates on which the
budget of any Service | ||||||
5 | Board is based, the Board shall advise the affected
Service | ||||||
6 | Board of such revised estimates, and such Service Board shall | ||||||
7 | within
30 days after receipt of such advice submit a revised | ||||||
8 | budget incorporating
such revised estimates. If the revised | ||||||
9 | estimates require, in the judgment
of the Board, that the | ||||||
10 | system generated revenues recovery ratio of one or
more Service | ||||||
11 | Boards be revised in order to allow the Authority to meet its
| ||||||
12 | required ratio, the Board shall advise any such Service Board | ||||||
13 | of its revised
ratio and such Service Board shall within 30 | ||||||
14 | days after receipt of such
advice submit a revised budget | ||||||
15 | incorporating such revised estimates or ratio.
| ||||||
16 | (2) Each Service Board shall, within such period after the | ||||||
17 | end of each
fiscal quarter as shall be specified by the Board, | ||||||
18 | report to the Authority
its financial condition and results of | ||||||
19 | operations and the financial condition
and results of | ||||||
20 | operations of the public transportation services subject
to its | ||||||
21 | jurisdiction, as at the end of and for such quarter. If in the | ||||||
22 | judgment
of the Board such condition and results are not | ||||||
23 | substantially in accordance
with such Service Board's budget | ||||||
24 | for such period, the Board shall so advise
such Service Board | ||||||
25 | and such Service Board shall within the period specified
by the | ||||||
26 | Board submit a revised budget incorporating such results.
|
| |||||||
| |||||||
1 | (3) If the Board shall determine that a revised budget | ||||||
2 | submitted by a
Service Board pursuant to subparagraph (1) or | ||||||
3 | (2) of this paragraph (c)
does not meet the criteria specified | ||||||
4 | in clauses (i)
(ii) through (vii) of
subparagraph
(2) of | ||||||
5 | paragraph (b) of this Section, the Board shall withhold from | ||||||
6 | not release any monies
to that Service Board 25% of except the | ||||||
7 | cash proceeds of taxes imposed by the Authority
under Section | ||||||
8 | 4.03 or 4.03.1 and received by the Authority after February 1 | ||||||
9 | and 25% of the amounts transferred to the Authority from the | ||||||
10 | Public Transportation Fund under Section 4.09(a) after | ||||||
11 | February 1 that the Board has estimated to be available which | ||||||
12 | are allocated to that the Service Board under
Section 4.11(a)
| ||||||
13 | 4.01 . If the Service Board submits a revised financial plan and
| ||||||
14 | budget which plan and budget shows that the criteria will be | ||||||
15 | met within
a four quarter period, the Board shall continue to | ||||||
16 | release any such withheld funds to the
Service Board. The Board | ||||||
17 | by the affirmative vote of at least 12
a 9 vote of its then | ||||||
18 | Directors may
require a Service Board to submit a revised | ||||||
19 | financial plan and budget which
shows that the criteria will be | ||||||
20 | met in a time period less than four quarters.
| ||||||
21 | (d) All budgets and financial plans, financial statements, | ||||||
22 | audits and
other information presented to the Authority | ||||||
23 | pursuant to this Section or
which may be required by the Board | ||||||
24 | to permit it to monitor compliance with
the provisions of this | ||||||
25 | Section shall be prepared and presented in such
manner and | ||||||
26 | frequency and in such detail as shall have been prescribed by
|
| |||||||
| |||||||
1 | the Board, shall be prepared on both an accrual and cash flow | ||||||
2 | basis as
specified by the Board, shall present such information | ||||||
3 | as the Authority shall prescribe that fairly presents the | ||||||
4 | condition of any pension plan or trust for health care benefits | ||||||
5 | with respect to retirees established by the Service Board and | ||||||
6 | describes the plans of the Service Board to meet the | ||||||
7 | requirements of Sections 4.02a and 4.02b, and shall identify | ||||||
8 | and describe the assumptions and
projections employed in the | ||||||
9 | preparation
thereof to the extent required by the Board. If the | ||||||
10 | Executive Director certifies that a Service Board has not | ||||||
11 | presented its budget and two-year financial plan in conformity | ||||||
12 | with the rules adopted by the Authority under the provisions of | ||||||
13 | Section 4.01(f) and this subsection (d), and such certification | ||||||
14 | is accepted by the affirmative vote of at least 12 of the then | ||||||
15 | Directors of the Authority, the Authority shall not distribute | ||||||
16 | to that Service Board any funds for operating purposes in | ||||||
17 | excess of the amounts distributed for such purposes to the | ||||||
18 | Service Board in the previous fiscal year. Except when the | ||||||
19 | Board adopts
a budget and a financial plan for a Service Board | ||||||
20 | under paragraph (b)(5),
a Service Board shall provide for such | ||||||
21 | levels of transportation services
and fares or charges therefor | ||||||
22 | as it deems appropriate and necessary in the
preparation of a | ||||||
23 | budget and financial plan meeting the criteria set forth
in | ||||||
24 | clauses (i)
(ii) through (vii) of subparagraph (2) of paragraph | ||||||
25 | (b) of this
Section. The Authority
Board shall have access to | ||||||
26 | and the right to examine and copy
all books, documents, papers, |
| |||||||
| |||||||
1 | records, or other source data of a Service
Board relevant to | ||||||
2 | any information submitted pursuant to this Section.
| ||||||
3 | (e) Whenever this Section requires the Board to make | ||||||
4 | determinations with
respect to estimates, budgets or financial | ||||||
5 | plans, or rules or regulations
with respect thereto such | ||||||
6 | determinations shall be made upon the affirmative
vote of at | ||||||
7 | least 12
9 of the then Directors and shall be incorporated in a
| ||||||
8 | written report of the Board and such report shall be submitted | ||||||
9 | within 10
days after such determinations are made to
the | ||||||
10 | Governor, the Mayor of Chicago (if such determinations relate | ||||||
11 | to the
Chicago Transit Authority), and the Auditor General of | ||||||
12 | Illinois.
| ||||||
13 | (Source: P.A. 94-370, eff. 7-29-05.)
| ||||||
14 | (70 ILCS 3615/4.13) (from Ch. 111 2/3, par. 704.13)
| ||||||
15 | Sec. 4.13. Annual Capital Improvement Plan.
| ||||||
16 | (a) With respect to each calendar year, the Authority shall | ||||||
17 | prepare as
part of its Five Year Program an Annual Capital | ||||||
18 | Improvement Plan (the
"Plan") which shall describe its intended | ||||||
19 | development and implementation of
the Strategic Capital | ||||||
20 | Improvement Program. The Plan shall include the
following | ||||||
21 | information:
| ||||||
22 | (i) a list of projects for which approval is sought | ||||||
23 | from the Governor,
with a description of each project | ||||||
24 | stating at a minimum the project cost, its
category, its | ||||||
25 | location and the entity responsible for its |
| |||||||
| |||||||
1 | implementation;
| ||||||
2 | (ii) a certification by
the Authority that the | ||||||
3 | Authority and the Service Boards have applied for
all | ||||||
4 | grants, loans and other moneys made available by the | ||||||
5 | federal government
or the State of Illinois during the | ||||||
6 | preceding federal and State fiscal
years for financing its | ||||||
7 | capital development activities;
| ||||||
8 | (iii) a certification that, as of September 30 of the | ||||||
9 | preceding calendar
year or any later date, the balance of | ||||||
10 | all federal capital grant funds and
all other funds to be | ||||||
11 | used as matching funds therefor which were committed
to or | ||||||
12 | possessed by the Authority or a Service Board but which had | ||||||
13 | not been
obligated was less than $350,000,000, or a greater | ||||||
14 | amount as authorized in
writing by the Governor (for | ||||||
15 | purposes of this subsection (a),
"obligated" means | ||||||
16 | committed to be paid by the Authority or a Service Board
| ||||||
17 | under a contract with a nongovernmental entity in | ||||||
18 | connection with the
performance of a project or committed | ||||||
19 | under a force account plan
approved by the federal | ||||||
20 | government);
| ||||||
21 | (iv) a certification that the Authority has adopted a | ||||||
22 | balanced budget
with respect to such calendar year under | ||||||
23 | Section 4.01 of this Act;
| ||||||
24 | (v) a schedule of all bonds or notes
previously issued | ||||||
25 | for Strategic Capital Improvement Projects and all debt
| ||||||
26 | service payments to be made with respect to all such bonds |
| |||||||
| |||||||
1 | and the
estimated additional debt service payments through | ||||||
2 | June 30 of the following
calendar year expected to result | ||||||
3 | from bonds to be sold prior thereto;
| ||||||
4 | (vi) a long-range summary of the Strategic Capital | ||||||
5 | Improvement
Program describing the projects to be funded | ||||||
6 | through the Program with
respect to project cost, category, | ||||||
7 | location, and implementing entity, and
presenting a | ||||||
8 | financial plan including an estimated time schedule for
| ||||||
9 | obligating funds for the performance of approved projects, | ||||||
10 | issuing bonds,
expending bond proceeds and paying debt | ||||||
11 | service throughout the duration of
the Program; and
| ||||||
12 | (vii) the source of funding for each project in the | ||||||
13 | Plan. For any project
for which full funding has not yet | ||||||
14 | been secured and which is not subject to
a federal full | ||||||
15 | funding contract, the Authority must identify alternative,
| ||||||
16 | dedicated funding sources available to complete the | ||||||
17 | project. The Governor
may waive this requirement on a | ||||||
18 | project by project basis.
| ||||||
19 | (b) The Authority shall submit the Plan with respect to any | ||||||
20 | calendar
year to the Governor on or before January 15 of that | ||||||
21 | year, or as soon as
possible thereafter; provided, however, | ||||||
22 | that the Plan shall be adopted on
the affirmative votes of 12
9
| ||||||
23 | of the then Directors. The Plan may be revised
or amended at | ||||||
24 | any time, but any revision in the projects approved shall
| ||||||
25 | require the Governor's approval.
| ||||||
26 | (c) The Authority shall seek approval from the Governor |
| |||||||
| |||||||
1 | only through the
Plan or an amendment thereto. The Authority | ||||||
2 | shall not request approval of the
Plan from the Governor in any | ||||||
3 | calendar year in which it is unable to make the
certifications | ||||||
4 | required under items (ii), (iii) and (iv) of subsection (a).
In | ||||||
5 | no event shall the Authority seek approval of the Plan from the | ||||||
6 | Governor for
projects in an aggregate amount exceeding the | ||||||
7 | proceeds of bonds or notes
for Strategic Capital Improvement | ||||||
8 | Projects issued under Section 4.04 of this
Act.
| ||||||
9 | (d) The Governor may approve the Plan for which
approval is | ||||||
10 | requested. The Governor's approval is limited to
the amount of | ||||||
11 | the project cost stated in the Plan. The Governor shall not
| ||||||
12 | approve the Plan in a calendar year if the Authority is unable | ||||||
13 | to make
the certifications required under items (ii), (iii) and | ||||||
14 | (iv)
of subsection (a). In no event shall the Governor approve | ||||||
15 | the Plan for
projects in an aggregate amount exceeding the | ||||||
16 | proceeds of
bonds or notes for Strategic Capital Improvement | ||||||
17 | Projects issued under
Section 4.04 of this Act.
| ||||||
18 | (e) With respect to capital improvements, only those | ||||||
19 | capital improvements
which are in a Plan approved by the | ||||||
20 | Governor shall be financed with the
proceeds of bonds or notes | ||||||
21 | issued for Strategic Capital Improvement Projects.
| ||||||
22 | (f) Before the Authority or a Service Board obligates any | ||||||
23 | funds for a
project for which the Authority or Service Board | ||||||
24 | intends to use the proceeds
of bonds or notes for Strategic | ||||||
25 | Capital Improvement Projects, but which project
is not included | ||||||
26 | in an approved Plan, the Authority must notify the Governor of
|
| |||||||
| |||||||
1 | the intended obligation. No project costs incurred prior to | ||||||
2 | approval of the
Plan including that project may be paid from | ||||||
3 | the proceeds of bonds or notes for
Strategic Capital | ||||||
4 | Improvement Projects issued under Section 4.04 of this Act.
| ||||||
5 | (Source: P.A. 94-839, eff. 6-6-06.)
| ||||||
6 | (70 ILCS 3615/4.14) (from Ch. 111 2/3, par. 704.14)
| ||||||
7 | Sec. 4.14. Rate Protection Contract. "Rate Protection | ||||||
8 | Contract" means
interest rate price exchange agreements; | ||||||
9 | currency exchange agreements;
forward payment conversion | ||||||
10 | agreements; contracts providing for payment or
receipt of funds | ||||||
11 | based on levels of, or changes in, interest rates,
currency | ||||||
12 | exchange rates, stock or other indices; contracts to exchange | ||||||
13 | cash
flows or a series of payments; contracts, including | ||||||
14 | without limitation,
interest rate caps; interest rate floor; | ||||||
15 | interest rate locks; interest rate
collars; rate of return | ||||||
16 | guarantees or assurances, to manage payment,
currency, rate, | ||||||
17 | spread or similar exposure; the obligation, right, or
option to | ||||||
18 | issue, put, lend, sell, grant a security interest in, buy, | ||||||
19 | borrow
or otherwise acquire, a bond, note or other security or | ||||||
20 | interest therein as
an investment, as collateral, as a hedge, | ||||||
21 | or otherwise as a source or
assurance of payment to or by the | ||||||
22 | Authority or as a reduction of the
Authority's or an obligor's | ||||||
23 | risk exposure; repurchase agreements;
securities lending | ||||||
24 | agreements; and other agreements or arrangements similar
to the | ||||||
25 | foregoing.
|
| |||||||
| |||||||
1 | Notwithstanding any provision in Section 2.20 (a) (ii) of | ||||||
2 | this Act to the
contrary, in connection with or incidental to | ||||||
3 | the issuance by the Authority
of its bonds or notes under the | ||||||
4 | provisions of Section 4.04 or the exercise
of its powers under | ||||||
5 | subsection (b) of Section 2.20, the Authority, for its
own | ||||||
6 | benefit or for the benefit of the holders
of its obligations or | ||||||
7 | their trustee, may enter into rate protection
contracts. The | ||||||
8 | Authority may enter into rate protection contracts only
| ||||||
9 | pursuant to a determination by a vote of 12
9 of the then | ||||||
10 | Directors that the
terms of the contracts and any related | ||||||
11 | agreements reduce the risk of loss
to the Authority, or | ||||||
12 | protect, preserve or enhance the value of its assets,
or | ||||||
13 | provide compensation to the Authority for losses resulting from | ||||||
14 | changes
in interest rates. The Authority's obligations
under | ||||||
15 | any rate protection contract or credit enhancement or liquidity
| ||||||
16 | agreement shall not be considered bonds or notes for purposes | ||||||
17 | of this Act.
For purposes of this Section a rate protection | ||||||
18 | contract is a contract
determined by the Authority as necessary | ||||||
19 | or appropriate to permit it to
manage payment, currency or | ||||||
20 | interest rate risks or levels.
| ||||||
21 | (Source: P.A. 87-764.)
| ||||||
22 | (70 ILCS 3615/5.01) (from Ch. 111 2/3, par. 705.01)
| ||||||
23 | Sec. 5.01. Hearings and Citizen Participation.
| ||||||
24 | (a) The Authority shall provide for and encourage | ||||||
25 | participation by the
public in the development and review of |
| |||||||
| |||||||
1 | public transportation policy, and
in the process by which major | ||||||
2 | decisions significantly affecting the
provision of public | ||||||
3 | transportation are made. The Authority shall coordinate such | ||||||
4 | public participation processes with the Chicago Metropolitan | ||||||
5 | Agency for Planning to the extent practicable.
| ||||||
6 | (b) The Authority shall hold such public hearings as may be | ||||||
7 | required by
this Act or as the Authority may deem appropriate | ||||||
8 | to the performance of any
of its functions. The Authority shall | ||||||
9 | coordinate such public hearings with the Chicago Metropolitan | ||||||
10 | Agency for Planning to the extent practicable.
| ||||||
11 | (c) Unless such items are specifically provided for either | ||||||
12 | in the
Five-Year Capital Program or in the annual budget | ||||||
13 | program which has been the
subject of public hearings as | ||||||
14 | provided in Sections 2.01 or 4.01 of this
Act, the Board shall | ||||||
15 | hold public hearings at which citizens may be heard
prior to:
| ||||||
16 | (i) the construction or acquisition of any public | ||||||
17 | transportation
facility, the aggregate cost of which exceeds $5 | ||||||
18 | million; and
| ||||||
19 | (ii) the extension of, or major addition to services | ||||||
20 | provided by the
Authority or by any transportation agency | ||||||
21 | pursuant to a purchase of service
agreement with the Authority.
| ||||||
22 | (d) Unless such items are specifically provided for in the | ||||||
23 | annual budget
and program which has been the subject of public | ||||||
24 | hearing, as provided in
Section 4.01 of this Act, the Board | ||||||
25 | shall hold public hearings at which
citizens may be heard prior | ||||||
26 | to the providing for or allowing, by means of
any purchase of |
| |||||||
| |||||||
1 | service agreement or any grant pursuant to Section 2.02 of
this | ||||||
2 | Act, any general increase or series of increases in fares or | ||||||
3 | charges
for public transportation, whether by the Authority or | ||||||
4 | by any
transportation agency, which increase or series of | ||||||
5 | increases within any
twelve months affects more than 25% of the | ||||||
6 | consumers of service of the
Authority or of the transportation | ||||||
7 | agency; or so providing for or allowing
any discontinuance of | ||||||
8 | any public transportation route, or major portion
thereof, | ||||||
9 | which has been in service for more than a year.
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10 | (e) At least twenty days prior notice of any public | ||||||
11 | hearing, as required
in this Section, shall be given by public | ||||||
12 | advertisement in a newspaper of
general circulation in the | ||||||
13 | metropolitan region.
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14 | (f) The Authority may designate one or more Directors or | ||||||
15 | may appoint one
or more hearing officers to preside over any | ||||||
16 | hearing pursuant to this Act.
The Authority shall have the | ||||||
17 | power in connection with any such hearing to
issue subpoenas to | ||||||
18 | require the attendance of witnesses and the production
of | ||||||
19 | documents, and the Authority may apply to any circuit court in | ||||||
20 | the State
to require compliance with such subpoenas.
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21 | (g) The Authority may require any Service Board to hold one | ||||||
22 | or more public hearings with respect to any item described in | ||||||
23 | paragraphs (c) and (d) of this Section 5.01, notwithstanding | ||||||
24 | whether such item has been the subject of a public hearing | ||||||
25 | under this Section 5.01 or Section 2.01 or 4.01 of this Act.
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26 | (Source: P.A. 78-3rd S.S.-5.)
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1 | (70 ILCS 3615/2.12a rep.)
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2 | (70 ILCS 3615/3.09 rep.) | ||||||
3 | (70 ILCS 3615/3.10 rep.) | ||||||
4 | Section 25. The Regional Transportation Authority Act is | ||||||
5 | amended by repealing Sections 2.12a, 3.09, and 3.10. | ||||||
6 | Section 97. Severability. The provisions of this Act are | ||||||
7 | severable under Section 1.31 of the Statute on Statutes. | ||||||
8 | Section 99. Effective date. This Act takes effect upon | ||||||
9 | becoming law.".
|