HB1663 Engrossed LRB094 03106 MKM 33107 b

1     AN ACT concerning local government.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Regional Transportation Authority Act is
5 amended by changing Sections 3A.08, 3A.09, 3A.10, 4.01, 4.09
6 and 4.11 and by adding Section 2.30 as follows:
 
7     (70 ILCS 3615/2.30 new)
8     Sec. 2.30. Paratransit services.
9     (a) For purposes of this Act, "ADA paratransit services"
10 shall mean those comparable or specialized transportation
11 services provided by, or under grant or purchase of service
12 contracts of, the Service Boards to individuals with
13 disabilities who are unable to use fixed route transportation
14 systems and who are determined to be eligible, for some or all
15 of their trips, for such services under the Americans with
16 Disabilities Act of 1990 and its implementing regulations.
17     (b) Beginning July 1, 2005, the Authority is responsible
18 for the funding, financial review and oversight of all ADA
19 paratransit services that are provided by the Authority or by
20 any of the Service Boards. The Suburban Bus Board shall operate
21 or provide for the operation of all ADA paratransit services by
22 no later than July 1, 2006, except that this date may be
23 extended to the extent necessary to obtain approval from the
24 Federal Transit Administration of the plan prepared pursuant to
25 subsection (c).
26     (c) No later than January 1, 2006, the Authority, in
27 collaboration with the Suburban Bus Board and the Chicago
28 Transit Authority, shall develop a plan for the provision of
29 ADA paratransit services and submit such plan to the Federal
30 Transit Administration for approval. Approval of such plan by
31 the Authority shall require the affirmative votes of 9 of the
32 then Directors. The Suburban Bus Board, the Chicago Transit

 

 

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1 Authority and the Authority shall comply with the requirements
2 of the Americans with Disabilities Act of 1990 and its
3 implementing regulations in developing and approving such plan
4 including, without limitation, consulting with individuals
5 with disabilities and groups representing them in the
6 community, and providing adequate opportunity for public
7 comment and public hearings. The plan shall include the
8 contents required for a paratransit plan pursuant to the
9 Americans with Disabilities Act of 1990 and its implementing
10 regulations. The plan shall also include, without limitation,
11 provisions to:
12         (1) maintain, at a minimum, the levels of ADA
13     paratransit service that are required to be provided by the
14     Service Boards pursuant to the Americans with Disabilities
15     Act of 1990 and its implementing regulations;
16         (2) transfer the appropriate ADA paratransit services,
17     management, personnel, service contracts and assets from
18     the Chicago Transit Authority to the Authority or the
19     Suburban Bus Board, as necessary, by no later than July 1,
20     2006, except that this date may be extended to the extent
21     necessary to obtain approval from the Federal Transit
22     Administration of the plan prepared pursuant to this
23     subsection (c);
24         (3) provide for consistent policies throughout the
25     metropolitan region for scheduling of ADA paratransit
26     service trips to and from destinations, with consideration
27     of scheduling of return trips on a "will-call" open-ended
28     basis upon request of the rider, if practicable, and with
29     consideration of an increased number of trips available by
30     subscription service than are available as of the effective
31     date of this amendatory Act;
32         (4) provide that service contracts and rates, entered
33     into or set after the approval by the Federal Transit
34     Administration of the plan prepared pursuant to subsection
35     (c) of this Section, with private carriers and taxicabs for
36     ADA paratransit service are procured by means of an open

 

 

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1     procurement process;
2         (5) provide for fares, fare collection and billing
3     procedures for ADA paratransit services throughout the
4     metropolitan region;
5         (6) provide for performance standards for all ADA
6     paratransit service transportation carriers, with
7     consideration of door-to-door service;
8         (7) provide, in cooperation with the Illinois
9     Department of Transportation, the Illinois Department of
10     Public Aid and other appropriate public agencies and
11     private entities, for the application and receipt of
12     grants, including, without limitation, reimbursement from
13     Medicaid or other programs for ADA paratransit services;
14         (8) provide for a system of dispatch of ADA paratransit
15     services transportation carriers throughout the
16     metropolitan region, with consideration of county-based
17     dispatch systems already in place as of the effective date
18     of this amendatory Act;
19         (9) provide for a process of determining eligibility
20     for ADA paratransit services that complies with the
21     Americans with Disabilities Act of 1990 and its
22     implementing regulations;
23         (10) provide for consideration of innovative methods
24     to provide and fund ADA paratransit services; and
25         (11) provide for the creation of one or more ADA
26     advisory boards, or the reconstitution of the existing ADA
27     advisory boards for the Service Boards, to represent the
28     diversity of individuals with disabilities in the
29     metropolitan region and to provide appropriate ongoing
30     input from individuals with disabilities into the
31     operation of ADA paratransit services.
32     (d) All revisions and annual updates to the ADA paratransit
33 services plan developed pursuant to subsection (c) of this
34 Section, or certifications of continued compliance in lieu of
35 plan updates, that are required to be provided to the Federal
36 Transit Administration shall be developed by the Authority, in

 

 

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1 collaboration with the Suburban Bus Board and the Chicago
2 Transit Authority, and the Authority shall submit such
3 revision, update or certification to the Federal Transit
4 Administration for approval. Approval of such revisions,
5 updates or certifications by the Authority shall require the
6 affirmative votes of 9 of the then Directors.
7     (e) The Illinois Department of Transportation, the
8 Illinois Department of Public Aid, the Authority, the Suburban
9 Bus Board and the Chicago Transit Authority shall enter into
10 intergovernmental agreements as may be necessary to provide
11 funding and accountability for, and implementation of, the
12 requirements of this Section.
13     (f) By no later than April 1, 2007, the Authority shall
14 develop and submit to the General Assembly and the Governor a
15 funding plan for ADA paratransit services. Approval of such
16 plan by the Authority shall require the affirmative votes of 9
17 of the then Directors. The funding plan shall, at a minimum,
18 contain an analysis of the current costs of providing ADA
19 paratransit services, projections of the long-term costs of
20 providing ADA paratransit services, identification of and
21 recommendations for possible cost efficiencies in providing
22 ADA paratransit services, and identification of and
23 recommendations for possible funding sources for providing ADA
24 paratransit services. The Illinois Department of
25 Transportation, the Illinois Department of Public Aid, the
26 Suburban Bus Board, the Chicago Transit Authority and other
27 State and local public agencies as appropriate shall cooperate
28 with the Authority in the preparation of such funding plan.
29     (g) Any funds derived from the federal Medicaid program for
30 reimbursement of the costs of providing ADA paratransit
31 services within the metropolitan region shall be directed to
32 the Authority and shall be used to pay for or reimburse the
33 costs of providing such services.
34     (h) Nothing in this amendatory Act shall be construed to
35 conflict with the requirements of the Americans with
36 Disabilities Act of 1990 and its implementing regulations.
 

 

 

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1     (70 ILCS 3615/3A.08)  (from Ch. 111 2/3, par. 703A.08)
2     Sec. 3A.08. Jurisdiction.     Any public transportation by
3 bus within the metropolitan region, other than public
4 transportation by commuter rail or public transportation
5 provided by the Chicago Transit Authority pursuant to
6 agreements in effect on the effective date of this amendatory
7 Act of 1983 or in the City of Chicago and any ADA paratransit
8 services provided pursuant to Section 2.30 of the Regional
9 Transportation Authority Act, shall be subject to the
10 jurisdiction of the Suburban Bus Board.
11 (Source: P.A. 83-886.)
 
12     (70 ILCS 3615/3A.09)  (from Ch. 111 2/3, par. 703A.09)
13     Sec. 3A.09. General Powers. In addition to any powers
14 elsewhere provided to the Suburban Bus Board, it shall have all
15 of the powers specified in Section 2.20 of this Act except for
16 the powers specified in Section 2.20 (a) (v). The Board shall
17 also have the power:
18     (a) to cooperate with the Regional Transportation
19 Authority in the exercise by the Regional Transportation
20 Authority of all the powers granted it by such Act;
21     (b) to receive funds from the Regional Transportation
22 Authority pursuant to Sections 2.02, 4.01, 4.02, 4.09 and 4.10
23 of the "Regional Transportation Authority Act", all as provided
24 in the "Regional Transportation Authority Act";
25     (c) to receive financial grants from the Regional
26 Transportation Authority or a Service Board, as defined in the
27 "Regional Transportation Authority Act", upon such terms and
28 conditions as shall be set forth in a grant contract between
29 either the Division and the Regional Transportation Authority
30 or the Division and another Service Board, which contract or
31 agreement may be for such number of years or duration as the
32 parties agree, all as provided in the "Regional Transportation
33 Authority Act; and ."
34     (d) to perform all functions necessary for the provision of

 

 

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1 paratransit services under Section 2.30 of this Act.
2 (Source: P.A. 83-885; 83-886.)
 
3     (70 ILCS 3615/3A.10)  (from Ch. 111 2/3, par. 703A.10)
4     Sec. 3A.10. Budget and Program. The Suburban Bus Board,
5 subject to the powers of the Authority in Section 4.11, shall
6 control the finances of the Division. It shall by ordinance
7 appropriate money to perform the Division's purposes and
8 provide for payment of debts and expenses of the Division. Each
9 year the Suburban Bus Board shall prepare and publish a
10 comprehensive annual budget and program document, and a
11 financial plan for the 2 years thereafter describing the state
12 of the Division and presenting for the forthcoming fiscal year
13 and the 2 following years the Suburban Bus Board's plans for
14 such operations and capital expenditures as it intends to
15 undertake and the means by which it intends to finance them.
16 The proposed budget and financial plan shall be based on the
17 Authority's estimate of funds to be made available to the
18 Suburban Bus Board by or through the Authority and shall
19 conform in all respects to the requirements established by the
20 Authority. The proposed program and budget shall contain a
21 statement of the funds estimated to be on hand at the beginning
22 of the fiscal year, the funds estimated to be received from all
23 sources for such year and the funds estimated to be on hand at
24 the end of such year. After adoption of the Authority's first
25 Five-Year Program, as provided in Section 2.01 of this Act, the
26 proposed program and budget shall specifically identify any
27 respect in which the recommended program deviates from the
28 Authority's then existing Five-Year Program, giving the
29 reasons for such deviation. The fiscal year of the Division
30 shall be the same as the fiscal year of the Authority. Before
31 the proposed budget and program and financial plan are
32 submitted to the Authority, the Suburban Bus Board shall hold
33 at least one public hearing thereon in each of the counties in
34 the metropolitan region in which the Division provides service.
35 The Suburban Bus Board shall hold at least one meeting for

 

 

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1 consideration of the proposed program and budget with the
2 county board of each of the several counties in the
3 metropolitan region in which the Division provides service.
4 After conducting such hearings and holding such meetings and
5 after making such changes in the proposed program and budget as
6 the Suburban Bus Board deems appropriate, it shall adopt an
7 annual budget ordinance at least by November 15 next preceding
8 the beginning of each fiscal year. The budget and program, and
9 financial plan shall then be submitted to the Authority as
10 provided in Section 4.11. In the event that the Board of the
11 Authority determines that the budget and program, and financial
12 plan do not meet the standards of Section 4.11, the Suburban
13 Bus Board shall make such changes as are necessary to meet such
14 requirements and adopt an amended budget ordinance. The amended
15 budget ordinance shall be resubmitted to the Authority pursuant
16 to Section 4.11. The ordinance shall appropriate such sums of
17 money as are deemed necessary to defray all necessary expenses
18 and obligations of the Division, specifying purposes and the
19 objects or programs for which appropriations are made and the
20 amount appropriated for each object or program. Additional
21 appropriations, transfers between items and other changes in
22 such ordinance which do not alter the basis upon which the
23 balanced budget determination was made by the Board of the
24 Authority may be made from time to time by the Suburban Bus
25 Board.
26     The budget shall:
27     (i) show a balance between (A) anticipated revenues from
28 all sources including operating subsidies and (B) the costs of
29 providing the services specified and of funding any operating
30 deficits or encumbrances incurred in prior periods, including
31 provision for payment when due of principal and interest on
32 outstanding indebtedness;
33     (ii) show cash balances including the proceeds of any
34 anticipated cash flow borrowing sufficient to pay with
35 reasonable promptness all costs and expenses as incurred;
36     (iii) provide for a level of fares or charges and operating

 

 

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1 or administrative costs for the public transportation provided
2 by or subject to the jurisdiction of the Suburban Bus Board
3 sufficient to allow the Suburban Bus Board to meet its required
4 system generated revenues recovery ratio and, beginning with
5 the 2007 fiscal year, its system generated ADA paratransit
6 services revenue recovery ratio;
7     (iv) be based upon and employ assumptions and projections
8 which are reasonable and prudent;
9     (v) have been prepared in accordance with sound financial
10 practices as determined by the Board of the Authority; and
11     (vi) meet such other uniform financial, budgetary, or
12 fiscal requirements that the Board of the Authority may by rule
13 or regulation establish.
14 (Source: P.A. 83-886.)
 
15     (70 ILCS 3615/4.01)  (from Ch. 111 2/3, par. 704.01)
16     Sec. 4.01. Budget and Program.
17     (a) The Board shall control the finances of the Authority.
18 It shall by ordinance appropriate money to perform the
19 Authority's purposes and provide for payment of debts and
20 expenses of the Authority. Each year the Authority shall
21 prepare and publish a comprehensive annual budget and program
22 document describing the state of the Authority and presenting
23 for the forthcoming fiscal year the Authority's plans for such
24 operations and capital expenditures as the Authority intends to
25 undertake and the means by which it intends to finance them.
26 The proposed program and budget shall contain a statement of
27 the funds estimated to be on hand at the beginning of the
28 fiscal year, the funds estimated to be received from all
29 sources for such year and the funds estimated to be on hand at
30 the end of such year. After adoption of the Authority's first
31 Five-Year Program, as provided in Section 2.01 of this Act, the
32 proposed program and budget shall specifically identify any
33 respect in which the recommended program deviates from the
34 Authority's then existing Five-Year Program, giving the
35 reasons for such deviation. The fiscal year of the Authority

 

 

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1 shall begin on January 1st and end on the succeeding December
2 31st except that the fiscal year that began October 1, 1982,
3 shall end December 31, 1983. By July 1st 1981 and July 1st of
4 each year thereafter the Director of the Illinois Governor's
5 Office of Management and Budget (formerly Bureau of the Budget)
6 shall submit to the Authority an estimate of revenues for the
7 next fiscal year to be collected from the taxes imposed by the
8 Authority and the amounts to be available in the Public
9 Transportation Fund and the Regional Transportation Authority
10 Occupation and Use Tax Replacement Fund. For the fiscal year
11 ending on December 31, 1983, the Board shall report its results
12 from operations and financial condition to the General Assembly
13 and the Governor by January 31. For the fiscal year beginning
14 January 1, 1984, and thereafter, the budget and program shall
15 be presented to the General Assembly and the Governor not later
16 than the preceding December 31st. Before the proposed budget
17 and program is adopted, the Authority shall hold at least one
18 public hearing thereon in the metropolitan region. The Board
19 shall hold at least one meeting for consideration of the
20 proposed program and budget with the county board of each of
21 the several counties in the metropolitan region. After
22 conducting such hearings and holding such meetings and after
23 making such changes in the proposed program and budget as the
24 Board deems appropriate, the Board shall adopt its annual
25 budget ordinance. The ordinance may be adopted only upon the
26 affirmative votes of 9 of its then Directors. The ordinance
27 shall appropriate such sums of money as are deemed necessary to
28 defray all necessary expenses and obligations of the Authority,
29 specifying purposes and the objects or programs for which
30 appropriations are made and the amount appropriated for each
31 object or program. Additional appropriations, transfers
32 between items and other changes in such ordinance may be made
33 from time to time by the Board upon the affirmative votes of 9
34 of its then Directors.
35     (b) The budget shall show a balance between anticipated
36 revenues from all sources and anticipated expenses including

 

 

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1 funding of operating deficits or the discharge of encumbrances
2 incurred in prior periods and payment of principal and interest
3 when due, and shall show cash balances sufficient to pay with
4 reasonable promptness all obligations and expenses as
5 incurred.
6     The annual budget and financial plan must show:
7          (i) that the level of fares and charges for mass
8     transportation provided by, or under grant or purchase of
9     service contracts of, the Service Boards is sufficient to
10     cause the aggregate of all projected fare revenues from
11     such fares and charges received in each fiscal year to
12     equal at least 50% of the aggregate costs of providing such
13     public transportation in such fiscal year. "Fare revenues"
14     include the proceeds of all fares and charges for services
15     provided, contributions received in connection with public
16     transportation from units of local government other than
17     the Authority and from the State pursuant to subsection (i)
18     of Section 2705-305 of the Department of Transportation Law
19     (20 ILCS 2705/2705-305), and all other operating revenues
20     properly included consistent with generally accepted
21     accounting principles but do not include: the proceeds of
22     any borrowings, and, beginning with the 2007 fiscal year,
23     all revenues and receipts, including but not limited to
24     fares and grants received from the federal, State or any
25     unit of local government or other entity, derived from
26     providing ADA paratransit service pursuant to Section 2.30
27     of the Regional Transportation Authority Act. "Costs"
28     include all items properly included as operating costs
29     consistent with generally accepted accounting principles,
30     including administrative costs, but do not include:
31     depreciation; payment of principal and interest on bonds,
32     notes or other evidences of obligation for borrowed money
33     issued by the Authority; payments with respect to public
34     transportation facilities made pursuant to subsection (b)
35     of Section 2.20 of this Act; any payments with respect to
36     rate protection contracts, credit enhancements or

 

 

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1     liquidity agreements made under Section 4.14; any other
2     cost to which it is reasonably expected that a cash
3     expenditure will not be made; costs up to $5,000,000
4     annually for passenger security including grants,
5     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; or costs as exempted by the Board for
11     projects pursuant to Section 2.09 of this Act; or,
12     beginning with the 2007 fiscal year, expenses related to
13     providing ADA paratransit service pursuant to Section 2.30
14     of the Regional Transportation Authority Act; and
15         (ii) that the level of fares charged for ADA
16     paratransit services is sufficient to cause the aggregate
17     of all projected revenues from such fares charged and
18     received in each fiscal year to equal at least 10% of the
19     aggregate costs of providing such ADA paratransit services
20     in fiscal years 2007 and 2008 and at least 12% of the
21     aggregate costs of providing such ADA paratransit services
22     in fiscal years 2009 and thereafter; for purposes of this
23     Act, the percentages in this subsection (b)(ii) shall be
24     referred to as the "system generated ADA paratransit
25     services revenue recovery ratio".
26     (c) The actual administrative expenses of the Authority for
27 the fiscal year commencing January 1, 1985 may not exceed
28 $5,000,000. The actual administrative expenses of the
29 Authority for the fiscal year commencing January 1, 1986, and
30 for each fiscal year thereafter shall not exceed the maximum
31 administrative expenses for the previous fiscal year plus 5%.
32 "Administrative expenses" are defined for purposes of this
33 Section as all expenses except: (1) capital expenses and
34 purchases of the Authority on behalf of the Service Boards; (2)
35 payments to Service Boards; and (3) payment of principal and
36 interest on bonds, notes or other evidence of obligation for

 

 

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1 borrowed money issued by the Authority; (4) costs for passenger
2 security including grants, contracts, personnel, equipment and
3 administrative expenses; (5) payments with respect to public
4 transportation facilities made pursuant to subsection (b) of
5 Section 2.20 of this Act; and (6) any payments with respect to
6 rate protection contracts, credit enhancements or liquidity
7 agreements made pursuant to Section 4.14.
8     (d) After withholding 15% of the proceeds of any tax
9 imposed by the Authority and 15% of money received by the
10 Authority from the Regional Transportation Authority
11 Occupation and Use Tax Replacement Fund, the Board shall
12 allocate the proceeds and money remaining to the Service Boards
13 as follows: (1) an amount equal to 85% of the proceeds of those
14 taxes collected within the City of Chicago and 85% of the money
15 received by the Authority on account of transfers to the
16 Regional Transportation Authority Occupation and Use Tax
17 Replacement Fund from the County and Mass Transit District Fund
18 attributable to retail sales within the City of Chicago shall
19 be allocated to the Chicago Transit Authority; (2) an amount
20 equal to 85% of the proceeds of those taxes collected within
21 Cook County outside the City of Chicago and 85% of the money
22 received by the Authority on account of transfers to the
23 Regional Transportation Authority Occupation and Use Tax
24 Replacement Fund from the County and Mass Transit District Fund
25 attributable to retail sales within Cook County outside of the
26 city of Chicago shall be allocated 30% to the Chicago Transit
27 Authority, 55% to the Commuter Rail Board and 15% to the
28 Suburban Bus Board; and (3) an amount equal to 85% of the
29 proceeds of the taxes collected within the Counties of DuPage,
30 Kane, Lake, McHenry and Will shall be allocated 70% to the
31 Commuter Rail Board and 30% to the Suburban Bus Board.
32     (e) Moneys received by the Authority on account of
33 transfers to the Regional Transportation Authority Occupation
34 and Use Tax Replacement Fund from the State and Local Sales Tax
35 Reform Fund shall be allocated among the Authority and the
36 Service Boards as follows: 15% of such moneys shall be retained

 

 

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1 by the Authority and the remaining 85% shall be transferred to
2 the Service Boards as soon as may be practicable after the
3 Authority receives payment. Moneys which are distributable to
4 the Service Boards pursuant to the preceding sentence shall be
5 allocated among the Service Boards on the basis of each Service
6 Board's distribution ratio. The term "distribution ratio"
7 means, for purposes of this subsection (e) of this Section
8 4.01, the ratio of the total amount distributed to a Service
9 Board pursuant to subsection (d) of Section 4.01 for the
10 immediately preceding calendar year to the total amount
11 distributed to all of the Service Boards pursuant to subsection
12 (d) of Section 4.01 for the immediately preceding calendar
13 year.
14     To further and accomplish the preparation of the annual
15 budget and program as well as the Five-Year Program provided
16 for in Section 2.01 of this Act and to make such interim
17 management decisions as may be necessary, the Board shall
18 employ staff which shall: (1) evaluate for the Board public
19 transportation programs operated or proposed by transportation
20 agencies in terms of goals, costs and relative priorities; (2)
21 keep the Board informed of the public transportation programs
22 and accomplishments of such transportation agencies; and (3)
23 coordinate the development and implementation of public
24 transportation programs to the end that the monies available to
25 the Authority may be expended in the most economical manner
26 possible with the least possible duplication. Under such
27 regulations as the Board may prescribe, all Service Boards,
28 transportation agencies, comprehensive planning agencies or
29 transportation planning agencies in the metropolitan region
30 shall furnish to the Board such information pertaining to
31 public transportation or relevant for plans therefor as it may
32 from time to time require, upon payment to any such agency or
33 Service Board of the reasonable additional cost of its so
34 providing such information except as may otherwise be provided
35 by agreement with the Authority, and the Board or any duly
36 authorized employee of the Board shall, for the purpose of

 

 

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1 securing such information, have access to, and the right to
2 examine, all books, documents, papers or records of any such
3 agency or Service Board pertaining to public transportation or
4 relevant for plans therefor.
5 (Source: P.A. 91-51, eff. 6-30-99; 91-239, eff. 1-1-00; revised
6 8-23-03.)
 
7     (70 ILCS 3615/4.09)  (from Ch. 111 2/3, par. 704.09)
8     Sec. 4.09. Public Transportation Fund and the Regional
9 Transportation Authority Occupation and Use Tax Replacement
10 Fund.
11     (a) As soon as possible after the first day of each month,
12 beginning November 1, 1983, the Comptroller shall order
13 transferred and the Treasurer shall transfer from the General
14 Revenue Fund to a special fund in the State Treasury, to be
15 known as the "Public Transportation Fund" $9,375,000 for each
16 month remaining in State fiscal year 1984. As soon as possible
17 after the first day of each month, beginning July 1, 1984, upon
18 certification of the Department of Revenue, the Comptroller
19 shall order transferred and the Treasurer shall transfer from
20 the General Revenue Fund to the Public Transportation Fund an
21 amount equal to 25% of the net revenue, before the deduction of
22 the serviceman and retailer discounts pursuant to Section 9 of
23 the Service Occupation Tax Act and Section 3 of the Retailers'
24 Occupation Tax Act, realized from any tax imposed by the
25 Authority pursuant to Sections 4.03 and 4.03.1 and 25% of the
26 amounts deposited into the Regional Transportation Authority
27 tax fund created by Section 4.03 of this Act, from the County
28 and Mass Transit District Fund as provided in Section 6z-20 of
29 the State Finance Act and 25% of the amounts deposited into the
30 Regional Transportation Authority Occupation and Use Tax
31 Replacement Fund from the State and Local Sales Tax Reform Fund
32 as provided in Section 6z-17 of the State Finance Act. Net
33 revenue realized for a month shall be the revenue collected by
34 the State pursuant to Sections 4.03 and 4.03.1 during the
35 previous month from within the metropolitan region, less the

 

 

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1 amount paid out during that same month as refunds to taxpayers
2 for overpayment of liability in the metropolitan region under
3 Sections 4.03 and 4.03.1.
4     (b)  (1) All moneys deposited in the Public Transportation
5     Fund and the Regional Transportation Authority Occupation
6     and Use Tax Replacement Fund, whether deposited pursuant to
7     this Section or otherwise, are allocated to the Authority.
8     Pursuant to appropriation, the Comptroller, as soon as
9     possible after each monthly transfer provided in this
10     Section and after each deposit into the Public
11     Transportation Fund, shall order the Treasurer to pay to
12     the Authority out of the Public Transportation Fund the
13     amount so transferred or deposited. Such amounts paid to
14     the Authority may be expended by it for its purposes as
15     provided in this Act.
16         Subject to appropriation to the Department of Revenue,
17     the Comptroller, as soon as possible after each deposit
18     into the Regional Transportation Authority Occupation and
19     Use Tax Replacement Fund provided in this Section and
20     Section 6z-17 of the State Finance Act, shall order the
21     Treasurer to pay to the Authority out of the Regional
22     Transportation Authority Occupation and Use Tax
23     Replacement Fund the amount so deposited. Such amounts paid
24     to the Authority may be expended by it for its purposes as
25     provided in this Act.
26         (2) Provided, however, no moneys deposited under
27     subsection (a) of this Section shall be paid from the
28     Public Transportation Fund to the Authority or its assignee
29     for any fiscal year beginning after the effective date of
30     this amendatory Act of 1983 until the Authority has
31     certified to the Governor, the Comptroller, and the Mayor
32     of the City of Chicago that it has adopted for that fiscal
33     year a budget and financial plan meeting the requirements
34     in Section 4.01(b).
35     (c) In recognition of the efforts of the Authority to
36 enhance the mass transportation facilities under its control,

 

 

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1 the State shall provide financial assistance ("Additional
2 State Assistance") in excess of the amounts transferred to the
3 Authority from the General Revenue Fund under subsection (a) of
4 this Section. Additional State Assistance shall be calculated
5 as provided in subsection (d), but shall in no event exceed the
6 following specified amounts with respect to the following State
7 fiscal years:
8        1990$5,000,000;
9        1991$5,000,000;
10        1992$10,000,000;
11        1993$10,000,000;
12        1994$20,000,000;
13        1995$30,000,000;
14        1996$40,000,000;
15        1997$50,000,000;
16        1998$55,000,000; and
17        each year thereafter$55,000,000.
18     (c-5) The State shall provide financial assistance
19 ("Additional Financial Assistance") in addition to the
20 Additional State Assistance provided by subsection (c) and the
21 amounts transferred to the Authority from the General Revenue
22 Fund under subsection (a) of this Section. Additional Financial
23 Assistance provided by this subsection shall be calculated as
24 provided in subsection (d), but shall in no event exceed the
25 following specified amounts with respect to the following State
26 fiscal years:
27        2000$0;
28        2001$16,000,000;
29        2002$35,000,000;
30        2003$54,000,000;
31        2004$73,000,000;
32        2005$93,000,000; and
33        each year thereafter$100,000,000.
34     (d) Beginning with State fiscal year 1990 and continuing
35 for each State fiscal year thereafter, the Authority shall
36 annually certify to the State Comptroller and State Treasurer,

 

 

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1 separately with respect to each of subdivisions (g)(2) and
2 (g)(3) of Section 4.04 of this Act, the following amounts:
3         (1) The amount necessary and required, during the State
4     fiscal year with respect to which the certification is
5     made, to pay its obligations for debt service on all
6     outstanding bonds or notes issued by the Authority under
7     subdivisions (g)(2) and (g)(3) of Section 4.04 of this Act.
8         (2) An estimate of the amount necessary and required to
9     pay its obligations for debt service for any bonds or notes
10     which the Authority anticipates it will issue under
11     subdivisions (g)(2) and (g)(3) of Section 4.04 during that
12     State fiscal year.
13         (3) Its debt service savings during the preceding State
14     fiscal year from refunding or advance refunding of bonds or
15     notes issued under subdivisions (g)(2) and (g)(3) of
16     Section 4.04.
17         (4) The amount of interest, if any, earned by the
18     Authority during the previous State fiscal year on the
19     proceeds of bonds or notes issued pursuant to subdivisions
20     (g)(2) and (g)(3) of Section 4.04, other than refunding or
21     advance refunding bonds or notes.
22     The certification shall include a specific schedule of debt
23 service payments, including the date and amount of each payment
24 for all outstanding bonds or notes and an estimated schedule of
25 anticipated debt service for all bonds and notes it intends to
26 issue, if any, during that State fiscal year, including the
27 estimated date and estimated amount of each payment.
28     Immediately upon the issuance of bonds for which an
29 estimated schedule of debt service payments was prepared, the
30 Authority shall file an amended certification with respect to
31 item (2) above, to specify the actual schedule of debt service
32 payments, including the date and amount of each payment, for
33 the remainder of the State fiscal year.
34     On the first day of each month of the State fiscal year in
35 which there are bonds outstanding with respect to which the
36 certification is made, the State Comptroller shall order

 

 

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1 transferred and the State Treasurer shall transfer from the
2 General Revenue Fund to the Public Transportation Fund the
3 Additional State Assistance and Additional Financial
4 Assistance in an amount equal to the aggregate of (i)
5 one-twelfth of the sum of the amounts certified under items (1)
6 and (3) above less the amount certified under item (4) above,
7 plus (ii) the amount required to pay debt service on bonds and
8 notes issued during the fiscal year, if any, divided by the
9 number of months remaining in the fiscal year after the date of
10 issuance, or some smaller portion as may be necessary under
11 subsection (c) or (c-5) of this Section for the relevant State
12 fiscal year, plus (iii) any cumulative deficiencies in
13 transfers for prior months, until an amount equal to the sum of
14 the amounts certified under items (1) and (3) above, plus the
15 actual debt service certified under item (2) above, less the
16 amount certified under item (4) above, has been transferred;
17 except that these transfers are subject to the following
18 limits:
19         (A) In no event shall the total transfers in any State
20     fiscal year relating to outstanding bonds and notes issued
21     by the Authority under subdivision (g)(2) of Section 4.04
22     exceed the lesser of the annual maximum amount specified in
23     subsection (c) or the sum of the amounts certified under
24     items (1) and (3) above, plus the actual debt service
25     certified under item (2) above, less the amount certified
26     under item (4) above, with respect to those bonds and
27     notes.
28         (B) In no event shall the total transfers in any State
29     fiscal year relating to outstanding bonds and notes issued
30     by the Authority under subdivision (g)(3) of Section 4.04
31     exceed the lesser of the annual maximum amount specified in
32     subsection (c-5) or the sum of the amounts certified under
33     items (1) and (3) above, plus the actual debt service
34     certified under item (2) above, less the amount certified
35     under item (4) above, with respect to those bonds and
36     notes.

 

 

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1     The term "outstanding" does not include bonds or notes for
2 which refunding or advance refunding bonds or notes have been
3 issued.
4     (e) Neither Additional State Assistance nor Additional
5 Financial Assistance may be pledged, either directly or
6 indirectly as general revenues of the Authority, as security
7 for any bonds issued by the Authority. The Authority may not
8 assign its right to receive Additional State Assistance or
9 Additional Financial Assistance, or direct payment of
10 Additional State Assistance or Additional Financial
11 Assistance, to a trustee or any other entity for the payment of
12 debt service on its bonds.
13     (f) The certification required under subsection (d) with
14 respect to outstanding bonds and notes of the Authority shall
15 be filed as early as practicable before the beginning of the
16 State fiscal year to which it relates. The certification shall
17 be revised as may be necessary to accurately state the debt
18 service requirements of the Authority.
19     (g) Within 6 months of the end of the 3 month period ending
20 December 31, 1983, and each fiscal year thereafter, the
21 Authority shall determine:
22         (i) whether the aggregate of all system generated
23     revenues for public transportation in the metropolitan
24     region which is provided by, or under grant or purchase of
25     service contracts with, the Service Boards equals 50% of
26     the aggregate of all costs of providing such public
27     transportation. "System generated revenues" include all
28     the proceeds of fares and charges for services provided,
29     contributions received in connection with public
30     transportation from units of local government other than
31     the Authority and from the State pursuant to subsection (i)
32     of Section 2705-305 of the Department of Transportation Law
33     (20 ILCS 2705/2705-305), and all other revenues properly
34     included consistent with generally accepted accounting
35     principles but may not include: the proceeds from any
36     borrowing, and, beginning with the 2007 fiscal year, all

 

 

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1     revenues and receipts, including but not limited to fares
2     and grants received from the federal, State or any unit of
3     local government or other entity, derived from providing
4     ADA paratransit service pursuant to Section 2.30 of the
5     Regional Transportation Authority Act. "Costs" include all
6     items properly included as operating costs consistent with
7     generally accepted accounting principles, including
8     administrative costs, but do not include: depreciation;
9     payment of principal and interest on bonds, notes or other
10     evidences of obligations for borrowed money of the
11     Authority; payments with respect to public transportation
12     facilities made pursuant to subsection (b) of Section 2.20;
13     any payments with respect to rate protection contracts,
14     credit enhancements or liquidity agreements made under
15     Section 4.14; any other cost as to which it is reasonably
16     expected that a cash expenditure will not be made; costs up
17     to $5,000,000 annually for passenger security including
18     grants, contracts, personnel, equipment and administrative
19     expenses, except in the case of the Chicago Transit
20     Authority, in which case the term does not include costs
21     spent annually by that entity for protection against crime
22     as required by Section 27a of the Metropolitan Transit
23     Authority Act; or costs as exempted by the Board for
24     projects pursuant to Section 2.09 of this Act; or,
25     beginning with the 2007 fiscal year, expenses related to
26     providing ADA paratransit service pursuant to Section 2.30
27     of the Regional Transportation Authority Act. If said
28     system generated revenues are less than 50% of said costs,
29     the Board shall remit an amount equal to the amount of the
30     deficit to the State. The Treasurer shall deposit any such
31     payment in the General Revenue Fund; and .
32         (ii) whether, beginning with the 2007 fiscal year, the
33     aggregate of all fares charged and received for ADA
34     paratransit services equals the system generated ADA
35     paratransit services revenue recovery ratio percentage of
36     the aggregate of all costs of providing such ADA

 

 

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1     paratransit services.
2     (h) If the Authority makes any payment to the State under
3 paragraph (g), the Authority shall reduce the amount provided
4 to a Service Board from funds transferred under paragraph (a)
5 in proportion to the amount by which that Service Board failed
6 to meet its required system generated revenues recovery ratio.
7 A Service Board which is affected by a reduction in funds under
8 this paragraph shall submit to the Authority concurrently with
9 its next due quarterly report a revised budget incorporating
10 the reduction in funds. The revised budget must meet the
11 criteria specified in clauses (i) through (vi) of Section
12 4.11(b)(2). The Board shall review and act on the revised
13 budget as provided in Section 4.11(b)(3).
14 (Source: P.A. 91-37, eff. 7-1-99; 91-51, eff. 6-30-99; 91-239,
15 eff. 1-1-00; 91-357, eff. 7-29-99; 92-16, eff. 6-28-01.)
 
16     (70 ILCS 3615/4.11)  (from Ch. 111 2/3, par. 704.11)
17     Sec. 4.11. Budget Review Powers.
18     (a) The provisions of this Section shall only be applicable
19 to financial periods beginning after December 31, 1983. The
20 Transition Board shall adopt a timetable governing the
21 certification of estimates and any submissions required under
22 this Section for fiscal year 1984 which shall control over the
23 provisions of this Act. Based upon estimates which shall be
24 given to the Authority by the Director of the Illinois
25 Governor's Office of Management and Budget (formerly Bureau of
26 the Budget) of the receipts to be received by the Authority
27 from the taxes imposed by the Authority and the authorized
28 estimates of amounts to be available from State and other
29 sources to the Service Boards, and the times at which such
30 receipts and amounts will be available, the Board shall, not
31 later than the next preceding September 15th prior to the
32 beginning of the Authority's next fiscal year, advise each
33 Service Board of the amounts estimated by the Board to be
34 available for such Service Board during such fiscal year and
35 the two following fiscal years and the times at which such

 

 

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1 amounts will be available. The Board shall, at the same time,
2 also advise each Service Board of its required system generated
3 revenues recovery ratio for the next fiscal year which shall be
4 the percentage of the aggregate costs of providing public
5 transportation by or under jurisdiction of that Service Board
6 which must be recovered from system generated revenues. The
7 Board shall, at the same time, beginning with the 2007 fiscal
8 year, also advise each Service Board that provides ADA
9 paratransit services of its required system generated ADA
10 paratransit services revenue recovery ratio for the next fiscal
11 year which shall be the percentage of the aggregate costs of
12 providing ADA paratransit services by or under jurisdiction of
13 that Service Board which must be recovered from fares charged
14 for such services, except that such required system generated
15 ADA paratransit services revenue recovery ratio shall not
16 exceed the minimum percentage established pursuant to Section
17 4.01(b)(ii) of this Act. In determining a Service Board's
18 system generated revenue recovery ratio, the Board shall
19 consider the historical system generated revenues recovery
20 ratio for the services subject to the jurisdiction of that
21 Service Board. The Board shall not increase a Service Board's
22 system generated revenues recovery ratio for the next fiscal
23 year over such ratio for the current fiscal year
24 disproportionately or prejudicially to increases in such
25 ratios for other Service Boards. The Board may, by ordinance,
26 provide that (i) the cost of research and development projects
27 in the fiscal year beginning January 1, 1986 and ending
28 December 31, 1986 conducted pursuant to Section 2.09 of this
29 Act, and (ii) up to $5,000,000 annually of the costs for
30 passenger security, may be exempted from the farebox recovery
31 ratio or the system generated revenues recovery ratio of the
32 Chicago Transit Authority, the Suburban Bus Board, and the
33 Commuter Rail Board, or any of them. For the fiscal year
34 beginning January 1, 1986 and ending December 31, 1986, and for
35 the fiscal year beginning January 1, 1987 and ending December
36 31, 1987, the Board shall, by ordinance, provide that: (1) the

 

 

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1 amount of a grant, pursuant to Section 2705-310 of the
2 Department of Transportation Law (20 ILCS 2705/2705-310), from
3 the Department of Transportation for the cost of services for
4 the mobility limited provided by the Chicago Transit Authority,
5 and (2) the amount of a grant, pursuant to Section 2705-310 of
6 the Department of Transportation Law (20 ILCS 2705/2705-310),
7 from the Department of Transportation for the cost of services
8 for the mobility limited by the Suburban Bus Board or the
9 Commuter Rail Board, be exempt from the farebox recovery ratio
10 or the system generated revenues recovery ratio.
11     (b)(1) Not later than the next preceding November 15 prior
12 to the commencement of such fiscal year, each Service Board
13 shall submit to the Authority its proposed budget for such
14 fiscal year and its proposed financial plan for the two
15 following fiscal years. Such budget and financial plan shall
16 not project or assume a receipt of revenues from the Authority
17 in amounts greater than those set forth in the estimates
18 provided by the Authority pursuant to subsection (a) of this
19 Section.
20     (2) The Board shall review the proposed budget and
21 financial plan submitted by each Service Board, and shall adopt
22 a consolidated budget and financial plan. The Board shall
23 approve the budget and plan if:
24         (i) the Board has approved the proposed budget and cash
25     flow plan for such fiscal year of each Service Board,
26     pursuant to the conditions set forth in clauses (ii)
27     through (vii) of this paragraph;
28         (ii) such budget and plan show a balance between (A)
29     anticipated revenues from all sources including operating
30     subsidies and (B) the costs of providing the services
31     specified and of funding any operating deficits or
32     encumbrances incurred in prior periods, including
33     provision for payment when due of principal and interest on
34     outstanding indebtedness;
35         (iii) such budget and plan show cash balances including
36     the proceeds of any anticipated cash flow borrowing

 

 

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1     sufficient to pay with reasonable promptness all costs and
2     expenses as incurred;
3         (iv) such budget and plan provide for a level of fares
4     or charges and operating or administrative costs for the
5     public transportation provided by or subject to the
6     jurisdiction of such Service Board sufficient to allow the
7     Service Board to meet its required system generated revenue
8     recovery ratio and, beginning with the 2007 fiscal year,
9     system generated ADA paratransit services revenue recovery
10     ratio;
11         (v) such budget and plan are based upon and employ
12     assumptions and projections which are reasonable and
13     prudent;
14         (vi) such budget and plan have been prepared in
15     accordance with sound financial practices as determined by
16     the Board; and
17         (vii) such budget and plan meet such other financial,
18     budgetary, or fiscal requirements that the Board may by
19     rule or regulation establish.
20     (3) In determining whether the budget and financial plan
21 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
27 subsequent fiscal years.
28     (4) Unless the Board by an affirmative vote of 9 of the
29 then Directors determines that the budget and financial plan of
30 a Service Board meets the criteria specified in clauses (ii)
31 through (vii) of subparagraph (2) of this paragraph (b), the
32 Board shall not release to that Service Board any funds for the
33 periods covered by such budget and financial plan except for
34 the proceeds of taxes imposed by the Authority under Section
35 4.03 which are allocated to the Service Board under Section
36 4.01.

 

 

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1     (5) If the Board has not found that the budget and
2 financial plan of a Service Board meets the criteria specified
3 in clauses (i) through (vii) of subparagraph (2) of this
4 paragraph (b), the Board shall, five working days after the
5 start of the Service Board's fiscal year adopt a budget and
6 financial plan meeting such criteria for that Service Board.
7     (c)(1) If the Board shall at any time have received a
8 revised estimate, or revises any estimate the Board has made,
9 pursuant to this Section of the receipts to be collected by the
10 Authority which, in the judgment of the Board, requires a
11 change in the estimates on which the budget of any Service
12 Board is based, the Board shall advise the affected Service
13 Board of such revised estimates, and such Service Board shall
14 within 30 days after receipt of such advice submit a revised
15 budget incorporating such revised estimates. If the revised
16 estimates require, in the judgment of the Board, that the
17 system generated revenues recovery ratio of one or more Service
18 Boards be revised in order to allow the Authority to meet its
19 required ratio, the Board shall advise any such Service Board
20 of its revised ratio and such Service Board shall within 30
21 days after receipt of such advice submit a revised budget
22 incorporating such revised estimates or ratio.
23     (2) Each Service Board shall, within such period after the
24 end of each fiscal quarter as shall be specified by the Board,
25 report to the Authority its financial condition and results of
26 operations and the financial condition and results of
27 operations of the public transportation services subject to its
28 jurisdiction, as at the end of and for such quarter. If in the
29 judgment of the Board such condition and results are not
30 substantially in accordance with such Service Board's budget
31 for such period, the Board shall so advise such Service Board
32 and such Service Board shall within the period specified by the
33 Board submit a revised budget incorporating such results.
34     (3) If the Board shall determine that a revised budget
35 submitted by a Service Board pursuant to subparagraph (1) or
36 (2) of this paragraph (c) does not meet the criteria specified

 

 

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1 in clauses (ii) through (vii) of subparagraph (2) of paragraph
2 (b) of this Section, the Board shall not release any monies to
3 that Service Board except the proceeds of taxes imposed by the
4 Authority under Section 4.03 or 4.03.1 which are allocated to
5 the Service Board under Section 4.01. If the Service Board
6 submits a revised financial plan and budget which plan and
7 budget shows that the criteria will be met within a four
8 quarter period, the Board shall continue to release funds to
9 the Service Board. The Board by a 9 vote of its then Directors
10 may require a Service Board to submit a revised financial plan
11 and budget which shows that the criteria will be met in a time
12 period less than four quarters.
13     (d) All budgets and financial plans, financial statements,
14 audits and other information presented to the Authority
15 pursuant to this Section or which may be required by the Board
16 to permit it to monitor compliance with the provisions of this
17 Section shall be prepared and presented in such manner and
18 frequency and in such detail as shall have been prescribed by
19 the Board, shall be prepared on both an accrual and cash flow
20 basis as specified by the Board, and shall identify and
21 describe the assumptions and projections employed in the
22 preparation thereof to the extent required by the Board. Except
23 when the Board adopts a budget and a financial plan for a
24 Service Board under paragraph (b)(5), a Service Board shall
25 provide for such levels of transportation services and fares or
26 charges therefor as it deems appropriate and necessary in the
27 preparation of a budget and financial plan meeting the criteria
28 set forth in clauses (ii) through (vii) of subparagraph (2) of
29 paragraph (b) of this Section. The Board shall have access to
30 and the right to examine and copy all books, documents, papers,
31 records, or other source data of a Service Board relevant to
32 any information submitted pursuant to this Section.
33     (e) Whenever this Section requires the Board to make
34 determinations with respect to estimates, budgets or financial
35 plans, or rules or regulations with respect thereto such
36 determinations shall be made upon the affirmative vote of at

 

 

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1 least 9 of the then Directors and shall be incorporated in a
2 written report of the Board and such report shall be submitted
3 within 10 days after such determinations are made to the
4 Governor, the Mayor of Chicago (if such determinations relate
5 to the Chicago Transit Authority), and the Auditor General of
6 Illinois.
7 (Source: P.A. 91-239, eff. 1-1-00; revised 8-23-03.)
 
8     Section 99. Effective date. This Act takes effect upon
9 becoming law.