Rep. Julie Hamos
Filed: 5/29/2007
|
|||||||
| |||||||
| |||||||
1 | AMENDMENT TO SENATE BILL 572
| ||||||
2 | AMENDMENT NO. ______. Amend Senate Bill 572 by replacing | ||||||
3 | everything after the enacting clause with the following:
| ||||||
4 | "Section 5. The Metropolitan Transit Authority Act is | ||||||
5 | amended by changing Section 34 as follows:
| ||||||
6 | (70 ILCS 3605/34) (from Ch. 111 2/3, par. 334)
| ||||||
7 | Sec. 34. Budget and Program. The Authority, subject to the | ||||||
8 | powers of the
Regional Transportation Authority in Section 4.11 | ||||||
9 | of the Regional
Transportation Authority Act, shall control the | ||||||
10 | finances of the Authority. It
shall by ordinance appropriate | ||||||
11 | money to perform the Authority's purposes and
provide for | ||||||
12 | payment of debts and expenses of the Authority. Each year the
| ||||||
13 | Authority shall prepare and publish a comprehensive annual | ||||||
14 | budget and program
document, and a financial plan for the 2 | ||||||
15 | years thereafter describing the state
of the Authority and | ||||||
16 | presenting for the forthcoming fiscal year and the two
|
| |||||||
| |||||||
1 | following years the Authority's plans for such operations and | ||||||
2 | capital
expenditures as it intends to undertake and the means | ||||||
3 | by which it intends to
finance them. The proposed budget and | ||||||
4 | financial plan shall be based on the
Regional Transportation | ||||||
5 | Authority's estimate of funds to be made available to
the | ||||||
6 | Authority by or through the Regional Transportation Authority | ||||||
7 | and shall
conform in all respects to the requirements | ||||||
8 | established by the Regional
Transportation Authority. The | ||||||
9 | proposed program and budget shall contain a
statement of the | ||||||
10 | funds estimated to be on hand at the beginning of the fiscal
| ||||||
11 | year, the funds estimated to be received from all sources for | ||||||
12 | such year and the
funds estimated to be on hand at the end of | ||||||
13 | such year. After adoption of the
Regional Transportation | ||||||
14 | Authority's first Five-Year Program, as provided in
Section | ||||||
15 | 2.01 of the Regional Transportation Authority Act, the proposed | ||||||
16 | program
and budget shall specifically identify any respect in | ||||||
17 | which the recommended
program deviates from the Regional | ||||||
18 | Transportation Authority's then existing
Five-Year Program, | ||||||
19 | giving the reasons for such deviation. The proposed program
and | ||||||
20 | budget shall be available at no cost for public inspection at | ||||||
21 | the
Authority's main office and at the Regional Transportation | ||||||
22 | Authority's main
office at least 3 weeks prior to any public | ||||||
23 | hearing. Before the proposed budget
and program and financial | ||||||
24 | plan are submitted to the Regional Transportation
Authority, | ||||||
25 | the Authority shall hold at least one public hearing thereon in | ||||||
26 | each
of the counties in which the Authority provides service. |
| |||||||
| |||||||
1 | All Board members of
the Authority shall attend a majority of | ||||||
2 | the public hearings unless reasonable
cause is given for their | ||||||
3 | absence. After the public hearings, the Board of the
Authority | ||||||
4 | shall hold at least one meeting for consideration of the | ||||||
5 | proposed
program and budget with the Cook County Board. After | ||||||
6 | conducting such hearings
and holding such meetings and after | ||||||
7 | making such changes in the proposed program
and budget as the | ||||||
8 | Board deems appropriate, it shall adopt an annual budget
| ||||||
9 | ordinance at least by November 15th preceding the beginning of | ||||||
10 | each fiscal
year. The budget and program, and financial plan | ||||||
11 | shall then be submitted to
the Regional Transportation | ||||||
12 | Authority as provided in Section 4.11 of the
Regional | ||||||
13 | Transportation Authority Act. In the event that the Board of | ||||||
14 | the
Regional Transportation Authority determines that the | ||||||
15 | budget and program, and
financial plan do not meet the | ||||||
16 | standards of said Section 4.11, the Board of the
Authority | ||||||
17 | shall make such changes as are necessary to meet such | ||||||
18 | requirements
and adopt an amended budget ordinance. The amended | ||||||
19 | budget ordinance shall be
resubmitted to the Regional | ||||||
20 | Transportation Authority pursuant to said Section
4.11. The | ||||||
21 | ordinance shall appropriate such sums of money as are deemed
| ||||||
22 | necessary to defray all necessary expenses and obligations of | ||||||
23 | the Authority,
specifying purposes and the objects or programs | ||||||
24 | for which appropriations are
made and the amount appropriated | ||||||
25 | for each object or program.
Additional appropriations, | ||||||
26 | transfers between items and other changes in
such ordinance |
| |||||||
| |||||||
1 | which do not alter the basis upon which the balanced budget
| ||||||
2 | determination was made by the Regional Transportation | ||||||
3 | Authority may be made
from time to time by the Board.
| ||||||
4 | The budget shall:
| ||||||
5 | (i) show a balance between (A) anticipated revenues | ||||||
6 | from all sources
including operating subsidies and (B) the | ||||||
7 | costs of providing the services
specified and of funding | ||||||
8 | any operating deficits or encumbrances incurred in
prior | ||||||
9 | periods, including provision for payment when due of | ||||||
10 | principal and
interest on outstanding indebtedness;
| ||||||
11 | (ii) show cash balances including the proceeds of any | ||||||
12 | anticipated cash
flow borrowing sufficient to pay with | ||||||
13 | reasonable promptness all costs and
expenses as incurred;
| ||||||
14 | (iii) provide for a level of fares or charges and | ||||||
15 | operating or
administrative costs for the public | ||||||
16 | transportation provided by or subject to
the jurisdiction | ||||||
17 | of the Board sufficient to allow the Board to meet its
| ||||||
18 | required system generated revenue recovery ratio as | ||||||
19 | determined in accordance
with subsection (a) of Section | ||||||
20 | 4.11 of the Regional Transportation Authority
Act;
| ||||||
21 | (iv) be based upon and employ assumptions and | ||||||
22 | projections which are
reasonable and prudent;
| ||||||
23 | (v) have been prepared in accordance with sound | ||||||
24 | financial practices as
determined by the Board of the | ||||||
25 | Regional Transportation Authority; and
| ||||||
26 | (vi) meet such other financial, budgetary, or fiscal |
| |||||||
| |||||||
1 | requirements that
the Board of the Regional Transportation | ||||||
2 | Authority may by rule or regulation
establish ; and
.
| ||||||
3 | (vii) be consistent with the goals and objectives | ||||||
4 | adopted by the Regional Transportation Authority in the | ||||||
5 | Strategic Plan.
| ||||||
6 | The Board shall establish a fiscal operating year. At least | ||||||
7 | thirty
days prior to the beginning of the first full fiscal | ||||||
8 | year after the
creation of the Authority, and annually | ||||||
9 | thereafter, the Board shall cause
to be prepared a tentative | ||||||
10 | budget which shall include all operation and
maintenance | ||||||
11 | expense for the ensuing fiscal year. The tentative budget shall
| ||||||
12 | be considered by the Board and, subject to any revision and | ||||||
13 | amendments as
may be determined, shall be adopted prior to the | ||||||
14 | first day of the ensuing
fiscal year as the budget for that | ||||||
15 | year. No expenditures for operations and
maintenance in excess | ||||||
16 | of the budget shall be made during any fiscal year
except by | ||||||
17 | the affirmative vote of at least five members of the Board. It
| ||||||
18 | shall not be necessary to include in the annual budget any | ||||||
19 | statement of
necessary expenditures for pensions or retirement | ||||||
20 | annuities, or for
interest or principal payments on bonds or | ||||||
21 | certificates, or for capital
outlays, but it shall be the duty | ||||||
22 | of the Board to make provision for
payment of same from | ||||||
23 | appropriate funds. The Board may not alter its fiscal year
| ||||||
24 | without the prior approval of the Board of the Regional | ||||||
25 | Transportation
Authority.
| ||||||
26 | (Source: P.A. 87-1249.)
|
| |||||||
| |||||||
1 | Section 10. The Regional Transportation Authority Act is | ||||||
2 | amended by changing Sections 1.02, 2.01, 2.04, 2.05, 2.12, | ||||||
3 | 3A.10, 3B.10, 4.01, 4.02, 4.09, 4.11, 4.13, and 5.01 and by | ||||||
4 | adding Section 2.01a, 2.01b, and 2.01c, and 2.12b as follows:
| ||||||
5 | (70 ILCS 3615/1.02) (from Ch. 111 2/3, par. 701.02)
| ||||||
6 | Sec. 1.02. Findings and Purpose. (a) The General Assembly | ||||||
7 | finds;
| ||||||
8 | (i) Public transportation is, as provided in Section 7 of | ||||||
9 | Article
XIII of the Illinois Constitution, an essential public | ||||||
10 | purpose for which
public funds may be expended and that Section | ||||||
11 | authorizes the State to
provide financial assistance to units | ||||||
12 | of local government for distribution
to providers of public | ||||||
13 | transportation. There is an urgent need to reform
and continue | ||||||
14 | a unit of local government to assure the proper management
of | ||||||
15 | public transportation and to receive and distribute State or | ||||||
16 | federal
operating assistance and to raise and distribute | ||||||
17 | revenues for local operating
assistance. System generated | ||||||
18 | revenues are not adequate for
such service and a public need | ||||||
19 | exists to provide for, aid and assist
public transportation in | ||||||
20 | the northeastern area of the State, consisting
of Cook, DuPage, | ||||||
21 | Kane, Lake, McHenry and Will Counties.
| ||||||
22 | (ii) Comprehensive and coordinated regional public | ||||||
23 | transportation is
essential to the public health, safety and | ||||||
24 | welfare. It is essential to
economic well-being, maintenance of |
| |||||||
| |||||||
1 | full employment, conservation of
sources of energy and land for | ||||||
2 | open space and reduction of traffic
congestion and for | ||||||
3 | providing and maintaining a healthful environment for
the | ||||||
4 | benefit of present and future generations in the metropolitan | ||||||
5 | region.
Public transportation
improves the mobility of the | ||||||
6 | public and improves access to jobs,
commercial facilities, | ||||||
7 | schools and cultural attractions. Public
transportation | ||||||
8 | decreases air pollution and other environmental hazards
| ||||||
9 | resulting from excessive use of automobiles and allows for more
| ||||||
10 | efficient land use and planning.
| ||||||
11 | (iii) Because system generated receipts are not presently
| ||||||
12 | adequate, public
transportation facilities and services in the | ||||||
13 | northeastern area are in
grave financial condition. With | ||||||
14 | existing methods of financing,
coordination and management, | ||||||
15 | and relative convenience of automobiles,
such public | ||||||
16 | transportation facilities are not providing adequate public
| ||||||
17 | transportation to insure the public health, safety and welfare.
| ||||||
18 | (iv) Additional commitments to the special public | ||||||
19 | transportation
needs
problems of the disabled
handicapped , the | ||||||
20 | economically disadvantaged, and the
elderly are necessary.
| ||||||
21 | (v) To solve these problems, it is necessary to provide for | ||||||
22 | the
creation of a regional transportation authority with the | ||||||
23 | powers
necessary to insure adequate public transportation.
| ||||||
24 | (b) The General Assembly further finds, in connection with | ||||||
25 | this amendatory
Act of 1983:
| ||||||
26 | (i) Substantial, recurring deficits in the operations of |
| |||||||
| |||||||
1 | public transportation
services subject to the jurisdiction of | ||||||
2 | the Regional Transportation Authority
and periodic cash | ||||||
3 | shortages have occurred either of which could bring about
a | ||||||
4 | loss of public transportation services throughout the | ||||||
5 | metropolitan region at any time;
| ||||||
6 | (ii) A substantial or total loss of public transportation | ||||||
7 | services or
any segment thereof would create an emergency | ||||||
8 | threatening the safety and
well-being of the people in the | ||||||
9 | northeastern area of the State; and
| ||||||
10 | (iii) To meet the urgent needs of the people of the | ||||||
11 | metropolitan region
that such an emergency be averted and to | ||||||
12 | provide financially sound methods
of managing the provision of | ||||||
13 | public transportation services in the northeastern
area of the | ||||||
14 | State, it is necessary, while maintaining and continuing the
| ||||||
15 | existing Authority, to modify the powers and responsibilities | ||||||
16 | of the Authority,
to reallocate responsibility for operating | ||||||
17 | decisions, to change the composition
and appointment of the | ||||||
18 | Board of Directors thereof, and to immediately establish
a new | ||||||
19 | Board of Directors.
| ||||||
20 | (c) The General Assembly further finds in connection with | ||||||
21 | this amendatory Act of the 95th General Assembly:
| ||||||
22 | (i) The economic vitality of northeastern Illinois | ||||||
23 | requires regionwide and systemwide efforts to increase | ||||||
24 | ridership on the transit systems, constrain road congestion | ||||||
25 | within the metropolitan region, and allocate resources for | ||||||
26 | transportation so as to assist in the development of an |
| |||||||
| |||||||
1 | adequate, efficient, and coordinated regional transportation | ||||||
2 | system that is in a state of good repair.
| ||||||
3 | (ii) To achieve the purposes of this amendatory Act of the | ||||||
4 | 95th General Assembly, the powers and duties of the Authority | ||||||
5 | must be enhanced to improve overall planning and coordination, | ||||||
6 | to achieve an integrated and efficient regional transit system, | ||||||
7 | to advance the mobility of transit users, and to increase | ||||||
8 | financial transparency of the Authority and the Service Boards.
| ||||||
9 | (d)
(c) It is the purpose of this Act to provide for, aid | ||||||
10 | and
assist public transportation in the northeastern area of | ||||||
11 | the State without
impairing the overall quality of existing | ||||||
12 | public transportation by
providing for the creation of a single | ||||||
13 | authority responsive to the
people and elected officials of the | ||||||
14 | area and with the power and
competence to develop, implement, | ||||||
15 | and enforce plans that promote adequate, efficient, and | ||||||
16 | coordinated public transportation, provide financial review of | ||||||
17 | the providers of public
transportation
in the metropolitan | ||||||
18 | region and facilitate public transportation provided
by | ||||||
19 | Service Boards which is attractive and economical to users, | ||||||
20 | comprehensive,
coordinated among its
various elements, | ||||||
21 | economical, safe, efficient and coordinated with area
and State | ||||||
22 | plans.
| ||||||
23 | (Source: P.A. 83-885; 83-886 .)
| ||||||
24 | (70 ILCS 3615/2.01) (from Ch. 111 2/3, par. 702.01)
| ||||||
25 | Sec. 2.01. General Allocation of Responsibility for Public |
| |||||||
| |||||||
1 | Transportation.
Provision of Public Transportation - Review | ||||||
2 | and Program.
(a) In order to accomplish the
its purposes as set | ||||||
3 | forth in this Act,
the responsibility for planning, operating, | ||||||
4 | and funding public transportation in the metropolitan region | ||||||
5 | shall be allocated as described in this Act. The Authority | ||||||
6 | shall: | ||||||
7 | (i) adopt plans that implement the public policy of the | ||||||
8 | State to provide adequate, efficient, and coordinated public | ||||||
9 | transportation throughout the metropolitan region;
| ||||||
10 | (ii) set goals, objectives, and standards for the | ||||||
11 | Authority, the Service Boards, and transportation agencies;
| ||||||
12 | (iii) develop performance measures to inform the public | ||||||
13 | about the extent to which the provision of public | ||||||
14 | transportation in the metropolitan region meets those goals, | ||||||
15 | objectives, and standards;
| ||||||
16 | (iv) allocate operating and capital funds made available to | ||||||
17 | support public transportation in the metropolitan region;
| ||||||
18 | (v) provide financial oversight of the Service Boards; and
| ||||||
19 | (vi) coordinate the provision of public transportation and | ||||||
20 | the investment in public transportation facilities to enhance | ||||||
21 | the integration of public transportation throughout the | ||||||
22 | metropolitan region, all as provided in this Act.
| ||||||
23 | The
the Service Boards shall, on a continuing basis | ||||||
24 | determine
the level, nature
and kind of public transportation | ||||||
25 | which should be provided for the
metropolitan region in order | ||||||
26 | to meet the plans, goals, objectives, and standards adopted by |
| |||||||
| |||||||
1 | the Authority . The Service Boards may provide public | ||||||
2 | transportation
by purchasing
such service from transportation | ||||||
3 | agencies through purchase of service
agreements, by grants to | ||||||
4 | such agencies or by operating such service, all
pursuant to | ||||||
5 | this Act and the "Metropolitan Transit Authority
Act", as now | ||||||
6 | or hereafter amended. Certain of its actions to implement the | ||||||
7 | responsibilities allocated to the Authority in this subsection | ||||||
8 | (a) shall be taken in 3 public documents adopted by the | ||||||
9 | affirmative vote of at least 9 of its then Directors: A | ||||||
10 | Strategic Plan, a Five-Year Capital Program, and an Annual | ||||||
11 | Budget and Two-Year Financial Plan.
The Authority shall | ||||||
12 | establish a policy
to provide adequate public transportation | ||||||
13 | throughout the metropolitan
region.
| ||||||
14 | (b) The Authority shall subject the operating and capital | ||||||
15 | plans and
expenditures of the Service Boards in the
| ||||||
16 | metropolitan region with
regard to public transportation to | ||||||
17 | continuing review so that
the Authority may budget and expend | ||||||
18 | its funds with maximum effectiveness
and efficiency. The | ||||||
19 | Authority shall conduct audits of each of the Service Boards no | ||||||
20 | less than every 5 years. Such audits may include management, | ||||||
21 | performance, and financial audits. The Authority may conduct | ||||||
22 | management, performance, and financial audits of | ||||||
23 | transportation agencies that receive funds from the Authority. | ||||||
24 | The Authority may direct a Service Board to conduct any such | ||||||
25 | audit of a transportation agency that receives funds from such | ||||||
26 | Service Board, and the Service Board shall comply with such |
| |||||||
| |||||||
1 | request to the extent it has the right to do so. These audits | ||||||
2 | of the Service Boards or transportation agencies may be project | ||||||
3 | or service specific audits to evaluate their achievement of the | ||||||
4 | goals and objectives of that project or service and their | ||||||
5 | compliance with any applicable requirements.
Certain of its | ||||||
6 | recommendations in this regard shall be
set forth in 2 public | ||||||
7 | documents, the Five-Year Program provided for in
this Section | ||||||
8 | and an Annual Budget and Program provided for in Section
4.01.
| ||||||
9 | (c) The Authority shall, in consultation with the Service | ||||||
10 | Boards,
each year prepare and, by ordinance, adopt,
after | ||||||
11 | public hearings held in each county in the metropolitan region, | ||||||
12 | a
Five-Year Program to inform the public and government | ||||||
13 | officials of the
Authority's objectives and program for | ||||||
14 | operations and capital
development during the forthcoming | ||||||
15 | five-year period. The Five-Year
Program shall set forth the | ||||||
16 | standards of service which the public may
expect; each Service | ||||||
17 | Board's plans for coordinating routes and service
of the | ||||||
18 | various
transportation agencies; the anticipated expense of | ||||||
19 | providing public
transportation at standards of service then | ||||||
20 | existing and under
alternative operating programs; the nature, | ||||||
21 | location and expense of
anticipated capital improvements | ||||||
22 | exceeding $250,000, by specific item
and by fiscal year; and | ||||||
23 | such demographic and other data developed by
planning and other | ||||||
24 | related agencies, as the Authority shall consider
pertinent to | ||||||
25 | the Service Boards' decisions as to levels
and nature of
| ||||||
26 | service, including without limitation the patterns of |
| |||||||
| |||||||
1 | population density
and growth, projected commercial and | ||||||
2 | residential development,
environmental factors and the | ||||||
3 | availability of alternative modes of
transportation. The | ||||||
4 | Five-Year Program shall be adopted on
the affirmative votes of | ||||||
5 | 9 of the then Directors.
| ||||||
6 | (Source: P.A. 83-886.)
| ||||||
7 | (70 ILCS 3615/2.01a new) | ||||||
8 | Sec. 2.01a. Strategic Plan. | ||||||
9 | (a) By the affirmative vote of at least 9 of its then | ||||||
10 | Directors, the Authority shall adopt a Strategic Plan, no less | ||||||
11 | than every 5 years, after consultation with the Service Boards | ||||||
12 | and after holding a minimum of 3 public hearings in Cook County | ||||||
13 | and one public hearing in each of the other counties in the | ||||||
14 | region. The Executive Director of the Authority shall review | ||||||
15 | the Strategic Plan on an ongoing basis and make recommendations | ||||||
16 | to the Board of the Authority with respect to any update or | ||||||
17 | amendment of the Strategic Plan. The Strategic Plan shall | ||||||
18 | describe the specific actions to be taken by the Authority and | ||||||
19 | the Service Boards to provide adequate, efficient, and | ||||||
20 | coordinated public transportation. | ||||||
21 | (b) The Strategic Plan shall identify goals and objectives | ||||||
22 | with respect to:
| ||||||
23 | (i) increasing ridership and passenger miles on public | ||||||
24 | transportation funded by the Authority;
| ||||||
25 | (ii) coordination of public transportation services |
| |||||||
| |||||||
1 | and the investment in public transportation facilities to | ||||||
2 | enhance the integration of public transportation | ||||||
3 | throughout the metropolitan region;
| ||||||
4 | (iii) coordination of fare and transfer policies to | ||||||
5 | promote transfers by riders among Service Boards, | ||||||
6 | transportation agencies, and public transportation modes, | ||||||
7 | which may include goals and objectives for development of a | ||||||
8 | universal fare instrument that riders may use | ||||||
9 | interchangeably on all public transportation funded by the | ||||||
10 | Authority, and methods to be used to allocate revenues from | ||||||
11 | transfers;
| ||||||
12 | (iv) improvements in public transportation facilities | ||||||
13 | to bring those facilities into a state of good repair, | ||||||
14 | enhancements that attract ridership and improve customer | ||||||
15 | service, and expansions needed to serve areas with | ||||||
16 | sufficient demand for public transportation;
| ||||||
17 | (v) access for transit-dependent populations, | ||||||
18 | including access by low-income communities to places of | ||||||
19 | employment, utilizing analyses provided by the Chicago | ||||||
20 | Metropolitan Agency for Planning regarding employment and | ||||||
21 | transportation availability, and giving consideration to | ||||||
22 | the location of employment centers in each county and the | ||||||
23 | availability of public transportation at off-peak hours | ||||||
24 | and on weekends;
| ||||||
25 | (vi) the financial viability of the public | ||||||
26 | transportation system, including both operating and |
| |||||||
| |||||||
1 | capital programs;
| ||||||
2 | (vii) limiting road congestion within the metropolitan | ||||||
3 | region and enhancing transit options to improve mobility; | ||||||
4 | and
| ||||||
5 | (viii) such other goals and objectives that advance the | ||||||
6 | policy of the State to provide adequate, efficient, and | ||||||
7 | coordinated public transportation in the metropolitan | ||||||
8 | region.
| ||||||
9 | (c) The Strategic Plan shall establish the process and | ||||||
10 | criteria by which proposals for capital improvements by a | ||||||
11 | Service Board or a transportation agency will be evaluated by | ||||||
12 | the Authority for inclusion in the Five-Year Capital Program, | ||||||
13 | which may include criteria for:
| ||||||
14 | (i) allocating funds among maintenance, enhancement, | ||||||
15 | and expansion improvements;
| ||||||
16 | (ii) projects to be funded from the Innovation, | ||||||
17 | Coordination, and Enhancement Fund;
| ||||||
18 | (iii) projects intended to improve or enhance | ||||||
19 | ridership or customer service;
| ||||||
20 | (iv) design and location of station or transit | ||||||
21 | improvements intended to promote transfers, increase | ||||||
22 | ridership, and support transit-oriented land development;
| ||||||
23 | (v) assessing the impact of projects on the ability to | ||||||
24 | operate and maintain the existing transit system; and
| ||||||
25 | (vi) other criteria that advance the goals and | ||||||
26 | objectives of the Strategic Plan.
|
| |||||||
| |||||||
1 | (d) The Strategic Plan shall establish performance | ||||||
2 | standards and measurements regarding the adequacy, efficiency, | ||||||
3 | and coordination of public transportation services in the | ||||||
4 | region and the implementation of the goals and objectives in | ||||||
5 | the Strategic Plan. At a minimum, such standards and measures | ||||||
6 | shall include customer-related performance data measured by | ||||||
7 | line, route, or sub-region, as determined by the Authority, on | ||||||
8 | the following:
| ||||||
9 | (i) travel times and on-time performance;
| ||||||
10 | (ii) ridership data;
| ||||||
11 | (iii) equipment failure rates;
| ||||||
12 | (iv) employee and customer safety; and
| ||||||
13 | (v) customer satisfaction.
| ||||||
14 | The Service Boards and transportation agencies that | ||||||
15 | receive funding from the Authority or Service Boards shall | ||||||
16 | prepare, publish, and submit to the Authority such reports with | ||||||
17 | regard to these standards and measurements in the frequency and | ||||||
18 | form required by the Authority; however, the frequency of such | ||||||
19 | reporting shall be no less than annual. The Service Boards | ||||||
20 | shall publish such reports on their respective websites. The | ||||||
21 | Authority shall compile and publish such reports on its | ||||||
22 | website. Such performance standards and measures shall not be | ||||||
23 | used as the basis for disciplinary action against any employee | ||||||
24 | of the Authority or Service Boards, except to the extent the | ||||||
25 | employment and disciplinary practices of the Authority or | ||||||
26 | Service Board provide for such action.
|
| |||||||
| |||||||
1 | (e) The Strategic Plan shall identify innovations to | ||||||
2 | improve the delivery of public transportation and the | ||||||
3 | construction of public transportation facilities.
| ||||||
4 | (f) The Strategic Plan shall describe the expected | ||||||
5 | financial condition of public transportation in the | ||||||
6 | metropolitan region prospectively over a 10-year period, which | ||||||
7 | may include information about the cash position and all known | ||||||
8 | obligations of the Authority and the Service Boards including | ||||||
9 | operating expenditures, debt service, contributions for | ||||||
10 | payment of pension and other post-employment benefits, the | ||||||
11 | expected revenues from fares, tax receipts, grants from the | ||||||
12 | federal, State, and local governments for operating and capital | ||||||
13 | purposes and issuance of debt, the availability of working | ||||||
14 | capital, and the resources needed to achieve the goals and | ||||||
15 | objectives described in the Strategic Plan.
| ||||||
16 | (g) In developing the Strategic Plan, the Authority shall | ||||||
17 | rely on such demographic and other data, forecasts, and | ||||||
18 | assumptions developed by the Chicago Metropolitan Agency for | ||||||
19 | Planning with respect to the patterns of population density and | ||||||
20 | growth, projected commercial and residential development, and | ||||||
21 | environmental factors, within the metropolitan region and in | ||||||
22 | areas outside the metropolitan region that may impact public | ||||||
23 | transportation utilization in the metropolitan region. Before | ||||||
24 | adopting or amending any Strategic Plan, the Authority shall | ||||||
25 | consult with the Chicago Metropolitan Agency for Planning | ||||||
26 | regarding the consistency of the Strategic Plan with the |
| |||||||
| |||||||
1 | Regional Comprehensive Plan adopted pursuant to the Regional | ||||||
2 | Planning Act.
| ||||||
3 | (h) The Authority may adopt, by the affirmative vote of at | ||||||
4 | least 9 of its then Directors, sub-regional or corridor plans | ||||||
5 | for specific geographic areas of the metropolitan region in | ||||||
6 | order to improve the adequacy, efficiency, and coordination of | ||||||
7 | existing, or the delivery of new, public transportation. Such | ||||||
8 | plans may also address areas outside the metropolitan region | ||||||
9 | that may impact public transportation utilization in the | ||||||
10 | metropolitan region. In preparing a sub-regional or corridor | ||||||
11 | plan, the Authority may identify changes in operating practices | ||||||
12 | or capital investment in the sub-region or corridor that could | ||||||
13 | increase ridership, reduce costs, improve coordination, or | ||||||
14 | enhance transit-oriented development. The Authority shall | ||||||
15 | consult with any affected Service Boards in the preparation of | ||||||
16 | any sub-regional or corridor plans.
| ||||||
17 | (i) If the Authority determines, by the affirmative vote of | ||||||
18 | at least 9 of its then Directors, that, with respect to any | ||||||
19 | proposed new public transportation service or facility, (i) | ||||||
20 | multiple Service Boards or transportation agencies are | ||||||
21 | potential service providers and (ii) the public transportation | ||||||
22 | facilities to be constructed or purchased to provide that | ||||||
23 | service have an expected construction cost of more than | ||||||
24 | $25,000,000, the Authority shall have sole responsibility for | ||||||
25 | conducting any alternatives analysis and preliminary | ||||||
26 | environmental assessment required by federal or State law. |
| |||||||
| |||||||
1 | Nothing in this subparagraph (i) shall prohibit a Service Board | ||||||
2 | from undertaking alternatives analysis and preliminary | ||||||
3 | environmental assessment for any public transportation service | ||||||
4 | or facility identified in items (i) and (ii) above that is | ||||||
5 | included in the Five-Year Capital Program as of the effective | ||||||
6 | date of this amendatory Act of the 95th General Assembly; | ||||||
7 | however, any expenditure related to any such public | ||||||
8 | transportation service or facility must be included in a | ||||||
9 | Five-Year Capital Program under the requirements of Sections | ||||||
10 | 2.01b and 4.02 this Act.
| ||||||
11 | (70 ILCS 3615/2.01b new)
| ||||||
12 | Sec. 2.01b. The Five-Year Capital Program. By the | ||||||
13 | affirmative vote of at least 9 of its then Directors, the | ||||||
14 | Authority, after consultation with the Service Boards and after | ||||||
15 | holding a minimum of 3 public hearings in Cook County and one | ||||||
16 | public hearing in each of the other counties in the | ||||||
17 | metropolitan region, shall each year adopt a Five-Year Capital | ||||||
18 | Program that shall include each capital improvement to be | ||||||
19 | undertaken by or on behalf of a Service Board provided that the | ||||||
20 | Authority finds that the improvement meets any criteria for | ||||||
21 | capital improvements contained in the Strategic Plan, is not | ||||||
22 | inconsistent with any sub-regional or corridor plan adopted by | ||||||
23 | the Authority, and can be funded within amounts available to | ||||||
24 | the Authority with respect to the capital and operating costs | ||||||
25 | of such improvement. In reviewing proposals for improvements to |
| |||||||
| |||||||
1 | be included in a Five-Year Capital Program, the Authority may | ||||||
2 | give priority to improvements that are intended to bring public | ||||||
3 | transportation facilities into a state of good repair. The | ||||||
4 | Five-Year Capital Program shall also identify capital | ||||||
5 | improvements to be undertaken by a Service Board, a | ||||||
6 | transportation agency, or a unit of local government and funded | ||||||
7 | by the Authority from amounts in the Innovation, Coordination, | ||||||
8 | and Enhancement Fund, provided that no improvement that is | ||||||
9 | included in the Five-Year Capital Program as of the effective | ||||||
10 | date of this amendatory Act of the 95th General Assembly may | ||||||
11 | receive funding from the Innovation, Coordination, and | ||||||
12 | Enhancement Fund. Before adopting a Five-Year Capital Program, | ||||||
13 | the Authority shall consult with the Chicago Metropolitan | ||||||
14 | Agency for Planning regarding the consistency of the Five-Year | ||||||
15 | Capital Program with the Regional Comprehensive Plan adopted | ||||||
16 | pursuant to the Regional Planning Act. | ||||||
17 | (70 ILCS 3615/2.01c new)
| ||||||
18 | Sec. 2.01c. Innovation, Coordination, and Enhancement | ||||||
19 | Fund. | ||||||
20 | (a) The Authority shall establish an Innovation, | ||||||
21 | Coordination, and Enhancement Fund and each year deposit into | ||||||
22 | the Fund an amount equal to 10% of the amount of any | ||||||
23 | State-authorized or appropriated operating funds received by | ||||||
24 | the Authority or the Service Boards that are not authorized or | ||||||
25 | earmarked by the State of Illinois for a specific purpose, and |
| |||||||
| |||||||
1 | that are in addition to any State, federal, or tax revenues | ||||||
2 | available to the Authority or Service Boards as of the | ||||||
3 | effective date of this amendatory Act of the 95th General | ||||||
4 | Assembly. Amounts on deposit in such Fund and interest and | ||||||
5 | other earnings on those amounts may be used by the Authority, | ||||||
6 | upon the affirmative vote of 9 of its then Directors, and after | ||||||
7 | a public participation process, for operating or capital grants | ||||||
8 | or loans to Service Boards, transportation agencies, or units | ||||||
9 | of local government that advance the goals and objectives | ||||||
10 | identified by the Authority in its Strategic Plan, provided | ||||||
11 | that no improvement that has been included in a Five-Year | ||||||
12 | Capital Program as of the effective date of this amendatory Act | ||||||
13 | of the 95th General Assembly may receive any funding from the | ||||||
14 | Innovation, Coordination, and Enhancement Fund. Unless the | ||||||
15 | Board has determined by a vote of 9 of its then Directors that | ||||||
16 | an emergency exists requiring the use of some or all of the | ||||||
17 | funds then in the Innovation, Coordination, and Enhancement | ||||||
18 | Fund, such funds may only be used to enhance the coordination | ||||||
19 | and integration of public transportation and develop and | ||||||
20 | implement innovations to improve the quality and delivery of | ||||||
21 | public transportation. | ||||||
22 | (b) Any Service Board that receives funds from the | ||||||
23 | Innovation, Coordination, and Enhancement Fund for the | ||||||
24 | operation of eligible programs must (i) implement such programs | ||||||
25 | within one year of receipt of such funds and (ii) within 2 | ||||||
26 | years following commencement of any program utilizing such |
| |||||||
| |||||||
1 | funds, determine whether it is desirable to continue the | ||||||
2 | program, and upon such a determination, either incorporate such | ||||||
3 | program into its annual operating budget and capital program or | ||||||
4 | discontinue such program. No additional funds from the | ||||||
5 | Innovation, Coordination, and Enhancement Fund may be | ||||||
6 | distributed to a Service Board for any individual program | ||||||
7 | beyond 2 years unless the Authority by the affirmative vote of | ||||||
8 | at least 9 of its then Directors waives this limitation. Any | ||||||
9 | such waiver will be with regard to an individual program and | ||||||
10 | with regard to a one year-period, and any further waivers for | ||||||
11 | such individual program require a subsequent vote of the Board.
| ||||||
12 | (70 ILCS 3615/2.04) (from Ch. 111 2/3, par. 702.04)
| ||||||
13 | Sec. 2.04. Fares and Nature of Service. | ||||||
14 | (a) Whenever a Service Board provides any public | ||||||
15 | transportation by
operating public transportation facilities, | ||||||
16 | the Service Board
shall provide for the level and nature of | ||||||
17 | fares or charges to be made for
such services, and the nature | ||||||
18 | and standards of public transportation to
be so provided that | ||||||
19 | meet the goals and objectives adopted by the Authority in the | ||||||
20 | Strategic Plan . Provided, however that if the Board adopts a | ||||||
21 | budget and
financial plan for a Service Board in accordance | ||||||
22 | with the provisions in
Section 4.11(b)(5), the Board may | ||||||
23 | consistent with the terms of any purchase
of service contract | ||||||
24 | provide for the level and nature of fares
to be made for such | ||||||
25 | services under the jurisdiction of that Service Board,
and the |
| |||||||
| |||||||
1 | nature and standards of public transportation to be so | ||||||
2 | provided.
| ||||||
3 | (b) Whenever a Service Board provides any public | ||||||
4 | transportation
pursuant to grants made after June 30, 1975, to | ||||||
5 | transportation agencies
for operating expenses (other than | ||||||
6 | with regard to experimental programs)
or pursuant to any | ||||||
7 | purchase of service agreement, the purchase of service
| ||||||
8 | agreement or grant contract shall provide for the level and | ||||||
9 | nature of fares
or charges to be made for such services, and | ||||||
10 | the nature and standards of
public transportation to be so | ||||||
11 | provided. A Service Board
shall require all transportation | ||||||
12 | agencies with which it contracts, or from
which it purchases | ||||||
13 | transportation services or to which it makes grants to
provide | ||||||
14 | half fare transportation for their student riders if any of | ||||||
15 | such
agencies provide for half fare transportation to their | ||||||
16 | student riders.
| ||||||
17 | (c) In so providing for the fares or charges and the nature | ||||||
18 | and standards of
public transportation, any purchase of service | ||||||
19 | agreements or grant contracts
shall provide, among other | ||||||
20 | matters, for the terms or cost of transfers
or interconnections | ||||||
21 | between different modes of transportation and
different public | ||||||
22 | transportation agencies, schedules or routes of such
service, | ||||||
23 | changes which may be made in such service, the nature and
| ||||||
24 | condition of the facilities used in providing service, the | ||||||
25 | manner of
collection and disposition of fares or charges, the | ||||||
26 | records and reports
to be kept and made concerning such |
| |||||||
| |||||||
1 | service, and for interchangeable
tickets or other coordinated | ||||||
2 | or uniform methods of collection of
charges , and shall further | ||||||
3 | require that the transportation agency comply with any | ||||||
4 | determination made by the Executive Director of the Authority | ||||||
5 | under and subject to the provisions of Section 2.12b of this | ||||||
6 | Act . In regard to any such service, the Authority and the | ||||||
7 | Service
Boards shall give
attention to and may undertake | ||||||
8 | programs to promote use of public
transportation and to provide | ||||||
9 | coordinated ticket sales and passenger
information. In the case | ||||||
10 | of a grant to a transportation agency which
remains subject to | ||||||
11 | Illinois Commerce Commission supervision and
regulation, the | ||||||
12 | Service Boards shall exercise the powers
set forth in this
| ||||||
13 | Section in a manner consistent with such supervision and | ||||||
14 | regulation by
the Illinois Commerce Commission.
| ||||||
15 | (Source: P.A. 83-886.)
| ||||||
16 | (70 ILCS 3615/2.05) (from Ch. 111 2/3, par. 702.05)
| ||||||
17 | Sec. 2.05. Centralized Services; Acquisition and | ||||||
18 | Construction. (a) The Authority may at the
request of two or | ||||||
19 | more Service Boards, serve, or designate a Service Board
to | ||||||
20 | serve, as a centralized purchasing agent for the Service Boards | ||||||
21 | so requesting.
| ||||||
22 | (b) The Authority may at the request of two or more Service | ||||||
23 | Boards perform
other centralized services such as ridership | ||||||
24 | information and transfers between
services under the | ||||||
25 | jurisdiction of the Service Boards where such centralized
|
| |||||||
| |||||||
1 | services financially benefit the region as a whole. Provided, | ||||||
2 | however,
that the Board may require transfers only upon an | ||||||
3 | affirmative vote of 9
of its then Directors.
| ||||||
4 | (c) A Service Board or the Authority may for the benefit of | ||||||
5 | a Service
Board, to meet its purposes, construct or acquire any | ||||||
6 | public
transportation facility for use by a Service Board
or | ||||||
7 | for use by any
transportation agency and may acquire any such | ||||||
8 | facilities from any
transportation agency, including also | ||||||
9 | without limitation any reserve funds,
employees' pension or | ||||||
10 | retirement funds, special funds, franchises,
licenses, | ||||||
11 | patents, permits and papers, documents and records of the | ||||||
12 | agency.
In connection with any such acquisition from a | ||||||
13 | transportation agency the
Authority may assume obligations of | ||||||
14 | the transportation agency with regard
to such facilities or | ||||||
15 | property or public transportation operations of such
agency.
| ||||||
16 | In connection with any construction or acquisition, the | ||||||
17 | Authority shall
make relocation payments as may be required by | ||||||
18 | federal law or by the
requirements of any federal agency | ||||||
19 | authorized to administer any federal
program of aid.
| ||||||
20 | (d) The Authority shall, after consulting with the Service | ||||||
21 | Boards, develop coordinated and consolidated sales, marketing, | ||||||
22 | advertising, and public information programs that promote the | ||||||
23 | use and coordination of, and transfers among, public | ||||||
24 | transportation services in the metropolitan region. The | ||||||
25 | Authority shall develop and adopt, with the affirmative vote of | ||||||
26 | at least 9 of its then Directors, rules and regulations for the |
| |||||||
| |||||||
1 | Authority and the Service Boards regarding such programs to | ||||||
2 | ensure that the Service Boards' programs conform with the | ||||||
3 | Authority's programs.
| ||||||
4 | (Source: P.A. 83-886.)
| ||||||
5 | (70 ILCS 3615/2.12) (from Ch. 111 2/3, par. 702.12)
| ||||||
6 | Sec. 2.12. Coordination with Planning Agencies. The | ||||||
7 | Authority and the Service Boards shall cooperate with the | ||||||
8 | various
public agencies charged
with responsibility for | ||||||
9 | long-range or comprehensive planning for the
metropolitan | ||||||
10 | region. The Authority shall utilize the official forecasts and | ||||||
11 | plans of the Chicago Metropolitan Agency for Planning in | ||||||
12 | developing the Strategic Plan and the Five-Year Capital | ||||||
13 | Program. The Authority and the Service Boards shall, prior
to | ||||||
14 | the adoption of any
Strategic Plan, as provided in Section | ||||||
15 | 2.01a of this Act, or the adoption of any Five-Year Capital
| ||||||
16 | Program, as provided in paragraph (b) of Section 2.01b
2.01 of | ||||||
17 | this
Act, submit its proposals to such agencies for review and | ||||||
18 | comment. The
Authority and the Service Boards may make use of | ||||||
19 | existing studies, surveys,
plans, data and other materials in | ||||||
20 | the possession of any State agency or
department, any planning | ||||||
21 | agency or any unit of local government.
| ||||||
22 | (Source: P.A. 83-886.)
| ||||||
23 | (70 ILCS 3615/2.12b new)
| ||||||
24 | Sec. 2.12b. Coordination of Fares and Service. Upon the |
| |||||||
| |||||||
1 | request of a Service Board, the Executive Director of the | ||||||
2 | Authority may, upon the affirmative vote of 7 of the then | ||||||
3 | Directors of the Authority, intervene in any matter involving | ||||||
4 | (i) a dispute between Service Boards or a Service Board and a | ||||||
5 | transportation agency with respect to the terms of transfer | ||||||
6 | between, and the allocation of revenues from fares and charges | ||||||
7 | for, transportation services provided by the parties or (ii) a | ||||||
8 | dispute between 2 Service Boards with respect to coordination | ||||||
9 | of service, route duplication, or a change in service. Any | ||||||
10 | Service Board or transportation agency involved in such dispute | ||||||
11 | shall meet with the Executive Director, cooperate in good faith | ||||||
12 | to attempt to resolve the dispute, and provide any books, | ||||||
13 | records, and other information requested by the Executive | ||||||
14 | Director. If the Executive Director is unable to mediate a | ||||||
15 | resolution of any dispute, he or she may resolve the dispute by | ||||||
16 | issuing a written determination directing a change in the fares | ||||||
17 | or charges or the allocation of revenues for such service or | ||||||
18 | directing a change in the nature or provider of service that is | ||||||
19 | the subject of the dispute. The Executive Director shall base | ||||||
20 | such determination upon the goals and objectives of the | ||||||
21 | Strategic Plan established pursuant to Section 2.01a(b). Such | ||||||
22 | determination shall be final and shall be implemented by any | ||||||
23 | affected Service Board and transportation agency within the | ||||||
24 | time frame required by the determination unless it is | ||||||
25 | overturned by the affirmative vote of at least 7 of the then | ||||||
26 | Directors of the Authority.
|
| |||||||
| |||||||
1 | (70 ILCS 3615/3A.10) (from Ch. 111 2/3, par. 703A.10)
| ||||||
2 | Sec. 3A.10. Budget and Program. The Suburban Bus Board, | ||||||
3 | subject to
the powers of the Authority in Section 4.11, shall | ||||||
4 | control the finances
of the Division. It shall by ordinance | ||||||
5 | appropriate money to perform the
Division's purposes and | ||||||
6 | provide for payment of debts and expenses of the
Division. Each | ||||||
7 | year the Suburban Bus Board shall prepare and publish a | ||||||
8 | comprehensive
annual budget and program document, and a | ||||||
9 | financial plan for the 2 years
thereafter describing the state | ||||||
10 | of the Division and presenting for the forthcoming
fiscal year | ||||||
11 | and the 2 following years the Suburban Bus Board's plans for
| ||||||
12 | such operations and capital expenditures as it intends to | ||||||
13 | undertake and
the means by which it intends to finance them. | ||||||
14 | The proposed budget and
financial plan 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 shall contain a | ||||||
19 | statement of the funds estimated
to be on hand at the beginning | ||||||
20 | of the fiscal year, the funds estimated to
be received from all | ||||||
21 | sources for such year and the funds estimated to be
on hand at | ||||||
22 | the end of such year. After adoption of the Authority's first
| ||||||
23 | Five-Year Program, as provided in Section 2.01 of this Act, the | ||||||
24 | proposed
program and budget shall specifically identify any | ||||||
25 | respect in which the
recommended program deviates from the |
| |||||||
| |||||||
1 | Authority's then existing Five-Year
Program, giving the | ||||||
2 | reasons for such deviation. The fiscal year of the
Division | ||||||
3 | shall be the same as the fiscal year of the Authority. Before
| ||||||
4 | the proposed budget and program and financial plan are | ||||||
5 | submitted to the
Authority, the Suburban Bus Board shall hold | ||||||
6 | at least one public hearing
thereon in each of the counties in | ||||||
7 | the metropolitan region in which the
Division provides service. | ||||||
8 | The Suburban Bus Board shall hold at least
one meeting for | ||||||
9 | consideration of the proposed program and budget with the
| ||||||
10 | county board of each of the several counties in the | ||||||
11 | metropolitan region
in which the Division provides service. | ||||||
12 | After conducting such hearings
and holding such meetings and | ||||||
13 | after making such changes in the proposed
program and budget as | ||||||
14 | the Suburban Bus Board deems appropriate, it shall
adopt an | ||||||
15 | annual budget ordinance at least by November 15 next preceding
| ||||||
16 | the beginning of each fiscal year. The budget and program, and | ||||||
17 | financial
plan shall then be submitted to the Authority as | ||||||
18 | provided in Section 4.11. In the event
that the Board of the | ||||||
19 | Authority determines that the budget and program,
and financial | ||||||
20 | plan do not meet the standards of Section 4.11, the Suburban
| ||||||
21 | Bus Board shall make such changes as are necessary to meet such | ||||||
22 | requirements
and adopt an amended budget ordinance. The amended | ||||||
23 | budget ordinance shall
be resubmitted to the Authority pursuant | ||||||
24 | to Section 4.11. The ordinance
shall appropriate such sums of | ||||||
25 | money as are deemed necessary to defray
all necessary expenses | ||||||
26 | and obligations of the Division, specifying purposes
and the |
| |||||||
| |||||||
1 | objects or programs for which appropriations are made and the | ||||||
2 | amount
appropriated for each object or program. Additional | ||||||
3 | appropriations, transfers
between items and other changes in | ||||||
4 | such ordinance which do not alter the
basis upon which the | ||||||
5 | balanced budget determination was made by the Board
of the | ||||||
6 | Authority may be made from time to
time by the Suburban Bus | ||||||
7 | Board.
| ||||||
8 | The budget shall:
| ||||||
9 | (i) show a balance between (A) anticipated revenues | ||||||
10 | from all sources including
operating subsidies and (B) the | ||||||
11 | costs of providing the services specified
and of funding | ||||||
12 | any operating deficits or encumbrances incurred in prior
| ||||||
13 | periods, including provision for payment when due of | ||||||
14 | principal and interest
on outstanding indebtedness;
| ||||||
15 | (ii) show cash balances including the proceeds of any | ||||||
16 | anticipated cash
flow borrowing sufficient to pay with | ||||||
17 | reasonable promptness all costs and
expenses as incurred;
| ||||||
18 | (iii) provide for a level of fares or charges and | ||||||
19 | operating or administrative
costs for the public | ||||||
20 | transportation provided by or subject to the jurisdiction
| ||||||
21 | of the Suburban Bus Board sufficient
to allow the Suburban | ||||||
22 | Bus Board to meet its required system generated revenues
| ||||||
23 | recovery ratio and, beginning with the 2007 fiscal year, | ||||||
24 | its system generated ADA paratransit services revenue | ||||||
25 | recovery ratio;
| ||||||
26 | (iv) be based upon and employ assumptions and |
| |||||||
| |||||||
1 | projections which are reasonable
and prudent;
| ||||||
2 | (v) have been prepared in accordance with sound | ||||||
3 | financial practices as
determined by the Board of the | ||||||
4 | Authority; and
| ||||||
5 | (vi) meet such other uniform financial, budgetary, or | ||||||
6 | fiscal requirements
that the Board of the Authority may by | ||||||
7 | rule or regulation establish ; and
.
| ||||||
8 | (vii) be consistent with the goals and objectives | ||||||
9 | adopted by the Regional Transportation Authority in the | ||||||
10 | Strategic Plan.
| ||||||
11 | (Source: P.A. 94-370, eff. 7-29-05.)
| ||||||
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 program document, and a | ||||||
20 | financial plan for
the two years thereafter describing the | ||||||
21 | state of the Division and presenting
for the forthcoming fiscal | ||||||
22 | year and the two following years the Commuter
Rail Board's | ||||||
23 | plans for such operations and capital expenditures as the | ||||||
24 | Commuter
Rail Board intends to undertake and the means by which | ||||||
25 | it intends to finance
them. The proposed budget and financial |
| |||||||
| |||||||
1 | plan shall be based on the Authority's
estimate of funds to be | ||||||
2 | made available to the Commuter Rail Board by or through
the | ||||||
3 | Authority and shall conform in all respects to the requirements | ||||||
4 | established
by the Authority. The proposed program and budget | ||||||
5 | shall contain a statement
of the funds estimated to be on hand | ||||||
6 | at the beginning of the fiscal year,
the funds estimated to be | ||||||
7 | received from all sources for such year and the
funds estimated | ||||||
8 | to be on hand at the end of such year.
After adoption of the | ||||||
9 | Authority's first Five-Year Program, as provided in
Section | ||||||
10 | 2.01 of this Act, the proposed program and budget shall | ||||||
11 | specifically
identify any respect in which the recommended | ||||||
12 | program deviates from the
Authority's then existing Five-Year | ||||||
13 | Program, giving the reasons for such
deviation. The fiscal year | ||||||
14 | of the Division shall be the same as the fiscal
year of the | ||||||
15 | Authority. Before the proposed budget and program and financial
| ||||||
16 | plan are submitted to the Authority, the Commuter Rail Board | ||||||
17 | shall hold
at least one public hearing thereon in each of the | ||||||
18 | counties in the metropolitan
region in which the Division | ||||||
19 | provides service. The Commuter Rail Board
shall hold at least | ||||||
20 | one meeting for consideration of the proposed program
and | ||||||
21 | budget with the county board of each of the several counties in | ||||||
22 | the
metropolitan region in which the Division provides service. | ||||||
23 | After conducting
such hearings and holding such meetings and | ||||||
24 | after making such changes in
the proposed program and budget as | ||||||
25 | the Commuter Rail Board deems appropriate,
the board shall | ||||||
26 | adopt its annual budget ordinance at least by November 15 next
|
| |||||||
| |||||||
1 | preceding
the beginning of each fiscal year. The budget and | ||||||
2 | program, and financial
plan shall then be submitted to the | ||||||
3 | Authority as provided in Section 4.11.
In the event that the | ||||||
4 | Board of the Authority determines that the budget
and program, | ||||||
5 | and financial plan do not meet the standards of Section 4.11,
| ||||||
6 | the Commuter Rail Board shall make such changes as are | ||||||
7 | necessary to meet
such requirements and adopt an amended budget | ||||||
8 | ordinance. The amended budget
ordinance shall be resubmitted to | ||||||
9 | the Authority pursuant to Section 4.11. The ordinance
shall | ||||||
10 | appropriate such sums of money as are deemed necessary to | ||||||
11 | defray all
necessary expenses and obligations of the Division, | ||||||
12 | specifying purposes
and the objects or programs for which | ||||||
13 | appropriations are made and the amount
appropriated for each | ||||||
14 | object or program. Additional appropriations, transfers
| ||||||
15 | between items and other changes in such ordinance which do not | ||||||
16 | alter the
basis upon which the balanced budget determination | ||||||
17 | was made by the Board
of the Authority may be made from time to | ||||||
18 | time by the Commuter Rail Board.
| ||||||
19 | The budget shall:
| ||||||
20 | (i) show a balance between (A) anticipated revenues from | ||||||
21 | all sources including
operating subsidies and (B) the costs of | ||||||
22 | providing the services specified
and of funding any operating | ||||||
23 | deficits or encumbrances incurred in prior
periods, including | ||||||
24 | provision for payment when due of principal and interest
on | ||||||
25 | outstanding indebtedness;
| ||||||
26 | (ii) show cash balances including the proceeds of any |
| |||||||
| |||||||
1 | anticipated cash
flow borrowing sufficient to pay with | ||||||
2 | reasonable promptness all costs
and expenses as incurred;
| ||||||
3 | (iii) provide for a level of fares or charges for the | ||||||
4 | public transportation
provided by or subject to the | ||||||
5 | jurisdiction of such Commuter Rail Board sufficient
to allow | ||||||
6 | the Commuter Rail Board to meet its required system generated
| ||||||
7 | revenue recovery ratio;
| ||||||
8 | (iv) be based upon and employ assumptions and projections | ||||||
9 | which the Board
of the Authority finds to be reasonable and | ||||||
10 | prudent;
| ||||||
11 | (v) have been prepared in accordance with sound financial | ||||||
12 | practices as
determined by the Board of the Authority; and
| ||||||
13 | (vi) meet such other uniform financial, budgetary, or | ||||||
14 | fiscal requirements
that the Board of the Authority may by rule | ||||||
15 | or regulation establish ; and
.
| ||||||
16 | (vii) be consistent with the goals and objectives adopted | ||||||
17 | by the Regional Transportation Authority in the Strategic Plan.
| ||||||
18 | (Source: P.A. 83-885; 83-886.)
| ||||||
19 | (70 ILCS 3615/4.01) (from Ch. 111 2/3, par. 704.01)
| ||||||
20 | Sec. 4.01. Budget and Program.
| ||||||
21 | (a) The Board shall control the finances
of the Authority. | ||||||
22 | It shall by ordinance adopted by the affirmative vote of at | ||||||
23 | least 9 of its then Directors (i) appropriate money to perform | ||||||
24 | the
Authority's purposes and provide for payment of debts and | ||||||
25 | expenses of
the Authority , (ii) take action with respect to the |
| |||||||
| |||||||
1 | budget and two-year financial plan of each Service Board, as | ||||||
2 | provided in Section 4.11, and (iii) adopt an Annual Budget and | ||||||
3 | Two-Year Financial Plan for the Authority that includes the | ||||||
4 | annual budget and two-year financial plan of each Service Board | ||||||
5 | that has been approved by the Authority . Each year the | ||||||
6 | Authority shall prepare and publish a
comprehensive annual | ||||||
7 | budget and program document describing the state of
the | ||||||
8 | Authority and presenting for the forthcoming fiscal year the
| ||||||
9 | Authority's plans for such operations and capital expenditures | ||||||
10 | as the
Authority intends to undertake and the means by which it | ||||||
11 | intends to
finance them. The Annual Budget and Two-Year | ||||||
12 | Financial Plan
proposed program and budget shall contain a | ||||||
13 | statement
of the funds estimated to be on hand for the | ||||||
14 | Authority and each Service Board at the beginning of the fiscal
| ||||||
15 | year, the funds estimated to be received from all sources for | ||||||
16 | such year , the estimated expenses and obligations of the | ||||||
17 | Authority and each Service Board for all purposes, including | ||||||
18 | expenses for contributions to be made with respect to pension | ||||||
19 | and other employee benefits,
and the funds estimated to be on | ||||||
20 | hand at the end of such year. After
adoption of the Authority's | ||||||
21 | first Five-Year Program, as provided in
Section 2.01 of this | ||||||
22 | Act, the proposed program and budget shall
specifically | ||||||
23 | identify any respect in which the recommended program
deviates | ||||||
24 | from the Authority's then existing Five-Year Program, giving
| ||||||
25 | the reasons for such deviation. The fiscal year of the | ||||||
26 | Authority and each Service Board shall
begin on January 1st and |
| |||||||
| |||||||
1 | end on the succeeding December 31st except that
the fiscal year | ||||||
2 | that began October 1, 1982, shall end December 31, 1983 .
By | ||||||
3 | July 1st 1981 and July 1st of each year thereafter the Director | ||||||
4 | of the
Illinois
Governor's Office of Management and Budget | ||||||
5 | (formerly Bureau of the
Budget) shall submit
to the Authority | ||||||
6 | an estimate of revenues for the next fiscal year of the | ||||||
7 | Authority 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 and the amounts | ||||||
11 | otherwise to be appropriated by the State to the Authority for | ||||||
12 | its purposes . The Authority shall file a copy of its Annual | ||||||
13 | Budget and Two-Year Financial Plan with
For the fiscal year | ||||||
14 | ending
on December 31, 1983, the Board shall report its results | ||||||
15 | from
operations and financial condition to the General Assembly | ||||||
16 | and the Governor
by January 31. For the fiscal year beginning | ||||||
17 | January
1, 1984, and thereafter, the budget and program shall | ||||||
18 | be presented to the
General Assembly and the Governor after its | ||||||
19 | adoption
not later than the preceding December
31st . Before the | ||||||
20 | proposed Annual Budget and Two-Year Financial Plan
budget and | ||||||
21 | program is adopted, the Authority
shall hold at least one | ||||||
22 | public hearing thereon
in the metropolitan region , and shall | ||||||
23 | meet
. The Board shall hold at least one meeting for
| ||||||
24 | consideration of the proposed program and budget with the | ||||||
25 | county board or its designee of
each of the several counties in | ||||||
26 | the metropolitan region. After conducting
such hearings and |
| |||||||
| |||||||
1 | holding such meetings and after making such changes
in the | ||||||
2 | proposed Annual Budget and Two-Year Financial Plan
program and | ||||||
3 | budget as the Board deems appropriate, the
Board shall adopt | ||||||
4 | its annual appropriation and Annual Budget and Two-Year | ||||||
5 | Financial Plan
budget ordinance. The ordinance may be adopted
| ||||||
6 | only upon the affirmative votes of 9 of its then Directors. The
| ||||||
7 | ordinance shall appropriate such sums of money as are deemed | ||||||
8 | necessary
to defray all necessary expenses and obligations of | ||||||
9 | the Authority,
specifying purposes and the objects or programs | ||||||
10 | for which appropriations
are made and the amount appropriated | ||||||
11 | for each object or program.
Additional appropriations, | ||||||
12 | transfers between items and other changes in
such ordinance may | ||||||
13 | be made from time to time by the Board upon the
affirmative | ||||||
14 | votes of 9 of its then Directors.
| ||||||
15 | (b) The Annual Budget and Two-Year Financial Plan
budget
| ||||||
16 | shall show a balance between anticipated revenues from
all | ||||||
17 | sources and anticipated expenses including funding of | ||||||
18 | operating deficits
or the discharge of encumbrances incurred in | ||||||
19 | prior periods and payment of
principal and interest when due, | ||||||
20 | and shall show cash balances sufficient
to pay with reasonable | ||||||
21 | promptness all obligations and expenses as incurred.
| ||||||
22 | The Annual Budget and Two-Year Financial Plan
annual budget | ||||||
23 | and financial plan must show: | ||||||
24 |
(i) that the level of fares
and charges for mass | ||||||
25 | transportation provided by, or under grant or purchase
of | ||||||
26 | service contracts of, the Service Boards is sufficient to |
| |||||||
| |||||||
1 | cause the
aggregate of all projected fare revenues from | ||||||
2 | such fares and charges received
in each fiscal year to | ||||||
3 | equal at least 50% of the aggregate costs of providing
such | ||||||
4 | public transportation in such fiscal year. "Fare revenues" | ||||||
5 | include
the proceeds of all fares and charges for services | ||||||
6 | provided, 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 operating revenues | ||||||
11 | properly included consistent
with generally accepted | ||||||
12 | accounting principles but do not include: the proceeds
of | ||||||
13 | any borrowings, and, beginning with the 2007 fiscal year, | ||||||
14 | all revenues and receipts, including but not limited to | ||||||
15 | fares and grants received from the federal, State or any | ||||||
16 | unit of local government or other entity, derived from | ||||||
17 | providing ADA paratransit service pursuant to Section 2.30 | ||||||
18 | of the Regional Transportation Authority Act. "Costs" | ||||||
19 | include all items properly included as operating
costs | ||||||
20 | consistent with generally accepted accounting principles, | ||||||
21 | including
administrative costs, but do not include: | ||||||
22 | depreciation; payment of principal
and interest on bonds, | ||||||
23 | notes or
other evidences of obligation for borrowed money | ||||||
24 | issued by the Authority;
payments with respect to public | ||||||
25 | transportation facilities made pursuant
to subsection (b) | ||||||
26 | of Section 2.20 of this Act; any payments with respect
to |
| |||||||
| |||||||
1 | rate protection contracts, credit enhancements or | ||||||
2 | liquidity agreements
made under Section 4.14; any other | ||||||
3 | cost to which it
is reasonably expected that a cash | ||||||
4 | expenditure
will not be made; costs up to $5,000,000 | ||||||
5 | annually for passenger
security including grants, | ||||||
6 | contracts, personnel, equipment and
administrative | ||||||
7 | expenses, except in the case of the Chicago Transit
| ||||||
8 | Authority, in which case the term does not include costs | ||||||
9 | spent annually by
that entity for protection against crime | ||||||
10 | as required by Section 27a of the
Metropolitan Transit | ||||||
11 | Authority Act; costs as exempted by the Board for
projects | ||||||
12 | pursuant to Section 2.09 of this Act; or, beginning with | ||||||
13 | the 2007 fiscal year, expenses related to providing ADA | ||||||
14 | paratransit service pursuant to Section 2.30 of the | ||||||
15 | Regional Transportation Authority Act; and | ||||||
16 | (ii) that the level of fares charged for ADA | ||||||
17 | paratransit services is sufficient to cause the aggregate | ||||||
18 | of all projected revenues from such fares charged and | ||||||
19 | received in each fiscal year to equal at least 10% of the | ||||||
20 | aggregate costs of providing such ADA paratransit services | ||||||
21 | in fiscal years 2007 and 2008 and at least 12% of the | ||||||
22 | aggregate costs of providing such ADA paratransit services | ||||||
23 | in fiscal years 2009 and thereafter; for purposes of this | ||||||
24 | Act, the percentages in this subsection (b)(ii) shall be | ||||||
25 | referred to as the "system generated ADA paratransit | ||||||
26 | services revenue recovery ratio".
|
| |||||||
| |||||||
1 | (c) The actual administrative expenses of the Authority for | ||||||
2 | the fiscal
year commencing January 1, 1985 may not exceed | ||||||
3 | $5,000,000.
The actual administrative expenses of the | ||||||
4 | Authority for the fiscal year
commencing January 1, 1986, and | ||||||
5 | for each fiscal year thereafter shall not
exceed the maximum | ||||||
6 | administrative expenses for the previous fiscal year plus
5%. | ||||||
7 | "Administrative
expenses" are defined for purposes of this | ||||||
8 | Section as all expenses except:
(1) capital expenses and | ||||||
9 | purchases of the Authority on behalf of the Service
Boards; (2) | ||||||
10 | payments to Service Boards; and (3) payment of principal
and | ||||||
11 | interest on bonds, notes or other evidence of obligation for | ||||||
12 | borrowed
money issued by the Authority; (4) costs for passenger | ||||||
13 | security including
grants, contracts, personnel, equipment and | ||||||
14 | administrative expenses; (5)
payments with respect to public | ||||||
15 | transportation facilities made pursuant to
subsection (b) of | ||||||
16 | Section 2.20 of this Act; and (6) any payments with
respect to | ||||||
17 | rate protection contracts, credit enhancements or liquidity
| ||||||
18 | agreements made pursuant to Section 4.14.
| ||||||
19 | (d) After withholding 15% of the proceeds of any tax | ||||||
20 | imposed by the
Authority and 15% of money received by the | ||||||
21 | Authority from the Regional
Transportation Authority | ||||||
22 | Occupation and Use Tax Replacement Fund,
the Board shall | ||||||
23 | allocate the proceeds and money remaining to the Service
Boards | ||||||
24 | as follows: (1) an amount equal to 85% of the proceeds of those
| ||||||
25 | taxes collected within the City of Chicago and 85% of the money | ||||||
26 | received by
the Authority on account of transfers to the |
| |||||||
| |||||||
1 | Regional Transportation
Authority Occupation and Use Tax | ||||||
2 | Replacement Fund from the County and Mass
Transit District Fund | ||||||
3 | attributable to retail sales within the City of
Chicago shall | ||||||
4 | be allocated to the Chicago Transit
Authority; (2) an amount | ||||||
5 | equal to 85% of the proceeds of those taxes
collected within | ||||||
6 | Cook County outside the City of Chicago and 85% of the
money | ||||||
7 | received by the Authority on account of transfers to the | ||||||
8 | Regional
Transportation Authority Occupation and Use Tax | ||||||
9 | Replacement Fund from the
County and Mass Transit District Fund | ||||||
10 | attributable to retail sales within
Cook County outside of the | ||||||
11 | city of Chicago shall be allocated
30% to the Chicago Transit | ||||||
12 | Authority, 55% to the Commuter Rail Board and
15% to the | ||||||
13 | Suburban Bus Board; and (3) an amount equal to 85% of the
| ||||||
14 | proceeds of the taxes collected within the Counties of DuPage, | ||||||
15 | Kane, Lake,
McHenry and Will shall be allocated 70% to the | ||||||
16 | Commuter Rail Board and 30%
to the Suburban Bus Board.
| ||||||
17 | (e) Moneys received by the Authority on account of | ||||||
18 | transfers to the
Regional Transportation Authority Occupation | ||||||
19 | and Use Tax Replacement Fund
from the State and Local Sales Tax | ||||||
20 | Reform Fund shall be
allocated among the Authority and the | ||||||
21 | Service Boards as follows: 15% of
such moneys shall be retained | ||||||
22 | by the Authority and the remaining 85%
shall be transferred to | ||||||
23 | the Service Boards as soon as may be
practicable after the | ||||||
24 | Authority receives payment. Moneys which are
distributable to | ||||||
25 | the Service Boards pursuant to the preceding sentence
shall be | ||||||
26 | allocated among the Service Boards on the basis of each Service
|
| |||||||
| |||||||
1 | Board's distribution ratio. The term "distribution ratio" | ||||||
2 | means,
for purposes of this subsection (e) of this Section | ||||||
3 | 4.01, the ratio of
the total amount distributed to a Service | ||||||
4 | Board pursuant to subsection (d)
of Section 4.01 for the | ||||||
5 | immediately preceding calendar year to the total
amount | ||||||
6 | distributed to all of the Service Boards pursuant to subsection | ||||||
7 | (d)
of Section 4.01 for the immediately preceding calendar | ||||||
8 | year.
| ||||||
9 | (f) To carry out its duties and responsibilities under this | ||||||
10 | Act,
further and accomplish the preparation of the annual | ||||||
11 | budget and
program as well as the Five-Year Program provided | ||||||
12 | for in Section 2.01 of
this Act and to make such interim | ||||||
13 | management decisions as may be
necessary, the Board shall | ||||||
14 | employ staff which shall: (1) propose for adoption by the Board | ||||||
15 | of the Authority rules for the Service Boards that establish | ||||||
16 | (i) forms and schedules to be used and information required to | ||||||
17 | be provided with respect to a Five-Year Capital Program, annual | ||||||
18 | budgets, and two-year financial plans and regular reporting of | ||||||
19 | actual results against adopted budgets and financial plans, | ||||||
20 | (ii) financial practices to be followed in the budgeting and | ||||||
21 | expenditure of public funds, (iii) assumptions and projections | ||||||
22 | that must be followed in preparing and submitting its Annual | ||||||
23 | Budget and Two-Year Financial plan or a Five-Year Capital | ||||||
24 | Program; (2) evaluate for
the Board public transportation | ||||||
25 | programs operated or proposed by
the Service Boards and
| ||||||
26 | transportation agencies in terms of the goals and objectives |
| |||||||
| |||||||
1 | set out in the Strategic Plan
, costs and relative
priorities ; | ||||||
2 | (3)
(2) keep the Board and the public informed of the extent to | ||||||
3 | which the Service Boards and transportation agencies are | ||||||
4 | meeting the goals and objectives adopted by the Authority in | ||||||
5 | the Strategic Plan
public transportation
programs and | ||||||
6 | accomplishments of such transportation agencies ; and (4) | ||||||
7 | assess the efficiency or adequacy of public transportation | ||||||
8 | services provided by a Service Board and make recommendations | ||||||
9 | for change in that service
(3)
coordinate the development and | ||||||
10 | implementation of public transportation
programs to the end | ||||||
11 | that the moneys
monies available to the Authority may be
| ||||||
12 | expended in the most economical manner possible with the least | ||||||
13 | possible
duplication. | ||||||
14 | (g) All
Under such regulations as the Board may prescribe, | ||||||
15 | all
Service Boards, transportation agencies, comprehensive | ||||||
16 | planning agencies , including the Chicago Metropolitan Agency | ||||||
17 | for Planning, or
transportation planning agencies in the | ||||||
18 | metropolitan region shall
furnish to the Authority
Board such | ||||||
19 | information pertaining to public
transportation or relevant | ||||||
20 | for plans therefor as it may from time to time
require . The | ||||||
21 | Executive Director, or his or her designee , upon payment to any | ||||||
22 | such agency or Service Board of the reasonable
additional cost | ||||||
23 | of its so providing such information except as may
otherwise be | ||||||
24 | provided by agreement with the Authority, and the Board or
any | ||||||
25 | duly authorized employee of the Board shall, for the purpose of
| ||||||
26 | securing any such information necessary or appropriate to carry |
| |||||||
| |||||||
1 | out any of the powers and responsibilities of the Authority | ||||||
2 | under this Act , have access to, and the right to examine, all
| ||||||
3 | books, documents, papers or records of a Service Board or any | ||||||
4 | transportation
such agency receiving funds from the Authority
| ||||||
5 | or Service Board , and such Service Board or transportation | ||||||
6 | agency shall comply with any request by the Executive Director, | ||||||
7 | or his or her designee, within 30 days or an extended time | ||||||
8 | provided by the Executive Director
pertaining to public | ||||||
9 | transportation or relevant for plans therefor .
| ||||||
10 | (Source: P.A. 94-370, eff. 7-29-05.)
| ||||||
11 | (70 ILCS 3615/4.02) (from Ch. 111 2/3, par. 704.02)
| ||||||
12 | Sec. 4.02. Federal, State and Other Funds. | ||||||
13 | (a) The Authority shall have the power to apply for, | ||||||
14 | receive and expend
grants, loans or other funds from the State | ||||||
15 | of Illinois or any department
or agency thereof, from any unit | ||||||
16 | of local government, from the federal
government or any | ||||||
17 | department or agency thereof,
for use in connection with any of | ||||||
18 | the powers or purposes of the Authority
as set forth in this | ||||||
19 | Act. The Authority shall have power to make such
studies as may | ||||||
20 | be necessary and to enter into contracts or agreements with
the | ||||||
21 | State of Illinois or any department or agency thereof, with any | ||||||
22 | unit of
local government, or with the federal government or any | ||||||
23 | department or
agency thereof, concerning such grants, loans or
| ||||||
24 | other funds, or any conditions relating thereto, including | ||||||
25 | obligations to
repay such funds. The Authority may make such |
| |||||||
| |||||||
1 | covenants concerning such
grants, loans and funds as it deems | ||||||
2 | proper and necessary in carrying out
its responsibilities, | ||||||
3 | purposes and powers as provided in this Act.
| ||||||
4 | (b) The Authority shall be the primary public body in the | ||||||
5 | metropolitan
region with authority to apply for and receive any | ||||||
6 | grants, loans or other
funds relating to public transportation | ||||||
7 | programs from the State of Illinois
or any department or agency | ||||||
8 | thereof, or from the federal government or any
department or | ||||||
9 | agency thereof. Any unit of local government, Service Board
or | ||||||
10 | transportation agency may apply for and receive any such | ||||||
11 | federal
or state capital grants, loans or other funds, | ||||||
12 | provided, however that a
Service Board may not apply
for or | ||||||
13 | receive any grant or loan which is not identified in the | ||||||
14 | Five-Year Program.
Any Service Board, unit of local government | ||||||
15 | or transportation agency
shall notify the Authority prior to | ||||||
16 | making any such application and shall
file a copy thereof with | ||||||
17 | the Authority. Nothing in this Section shall be
construed to | ||||||
18 | impose any limitation on the ability of the State of Illinois
| ||||||
19 | or any department or agency thereof, any unit of local | ||||||
20 | government or Service
Board or
transportation agency to make | ||||||
21 | any grants or to enter into any agreement or
contract with the | ||||||
22 | National Rail Passenger Corporation. Nor shall anything
in this | ||||||
23 | Section impose any limitation on the ability of any school | ||||||
24 | district
to apply for or receive any grant, loan or other funds | ||||||
25 | for transportation
of school children.
| ||||||
26 | (c) The Authority shall provide to the Service Board any |
| |||||||
| |||||||
1 | monies received
relating to public transportation services | ||||||
2 | under the jurisdiction of the
Service Boards as follows:
| ||||||
3 | (1) As soon as may be practicable after the Authority | ||||||
4 | receives payment,
under Section 4.03(m) or Section | ||||||
5 | 4.03.1(d), of the proceeds of those taxes
levied by the | ||||||
6 | Authority,
the Authority shall transfer to each Service | ||||||
7 | Board the amount to which it
is entitled under Section | ||||||
8 | 4.01(d) . ;
| ||||||
9 | (2) (blank)
The Authority by ordinance adopted by 9 of | ||||||
10 | its then Directors
shall establish a formula apportioning | ||||||
11 | any federal funds for operating assistance
purposes the | ||||||
12 | Authority receives to each Service Board. In establishing | ||||||
13 | the
formula, the Board shall consider, among other factors: | ||||||
14 | ridership levels,
the efficiency with which the service is | ||||||
15 | provided, the degree of transit
dependence of the area | ||||||
16 | served and the cost of service. That portion of
any federal | ||||||
17 | funds for operating assistance received by the Authority | ||||||
18 | shall
be paid to each Service Board as soon as may be | ||||||
19 | practicable upon their receipt
provided the Authority has | ||||||
20 | adopted a balanced budget as required by Section
4.01 and | ||||||
21 | further provided that the Service Boards are in compliance | ||||||
22 | with
the requirements in Section 4.11 .
| ||||||
23 | (3) The Authority by ordinance adopted by 9 of its then | ||||||
24 | Directors shall
apportion to the Service Boards funds | ||||||
25 | provided by the State of Illinois
under Section 4.09 and | ||||||
26 | shall make payment of said funds to each Service
Board as |
| |||||||
| |||||||
1 | soon as may be practicable upon their receipt provided the | ||||||
2 | Authority
has adopted a balanced budget as required by | ||||||
3 | Section 4.01 and further provided
the Service Board is in | ||||||
4 | compliance with the requirements in Section 4.11.
| ||||||
5 | (4) Beginning January 1, 2009, before making any | ||||||
6 | payments, transfers, or expenditures under this subsection | ||||||
7 | to a Service Board, the Authority must first comply with | ||||||
8 | Section 4.02a or 4.02b of this Act, whichever may be | ||||||
9 | applicable.
| ||||||
10 | (Source: P.A. 94-839, eff. 6-6-06; revised 8-3-06.)
| ||||||
11 | (70 ILCS 3615/4.09) (from Ch. 111 2/3, par. 704.09)
| ||||||
12 | Sec. 4.09. Public Transportation Fund and the Regional | ||||||
13 | Transportation
Authority Occupation and Use Tax Replacement | ||||||
14 | Fund.
| ||||||
15 | (a) As soon as possible after the first day of each month, | ||||||
16 | beginning
November 1, 1983, the Comptroller shall order | ||||||
17 | transferred and the Treasurer
shall transfer from the General | ||||||
18 | Revenue Fund to a special fund in the State
Treasury, to be | ||||||
19 | known as the "Public Transportation Fund" $9,375,000 for
each | ||||||
20 | month remaining in State fiscal year 1984. As soon as possible | ||||||
21 | after
the first day of each month, beginning July 1, 1984, upon | ||||||
22 | certification of
the Department of Revenue, the Comptroller | ||||||
23 | shall order transferred and the
Treasurer shall transfer from | ||||||
24 | the General Revenue Fund to the Public
Transportation Fund an | ||||||
25 | amount equal to 25% of the net revenue, before the
deduction of |
| |||||||
| |||||||
1 | the serviceman and retailer discounts pursuant to Section 9 of
| ||||||
2 | the Service Occupation Tax Act and Section 3 of the Retailers' | ||||||
3 | Occupation
Tax Act, realized from any tax imposed by the | ||||||
4 | Authority pursuant to
Sections 4.03 and 4.03.1 and 25% of the | ||||||
5 | amounts deposited into the Regional
Transportation Authority | ||||||
6 | tax fund created by Section 4.03 of this Act, from
the County | ||||||
7 | and Mass Transit District Fund as provided in Section 6z-20 of
| ||||||
8 | the State Finance Act and 25% of the amounts deposited into the | ||||||
9 | Regional
Transportation Authority Occupation and Use Tax | ||||||
10 | Replacement Fund from the
State and Local Sales Tax Reform Fund | ||||||
11 | as provided in Section 6z-17 of the
State Finance Act. Net | ||||||
12 | revenue realized for a month shall be the revenue
collected by | ||||||
13 | the State pursuant to Sections 4.03 and 4.03.1 during the
| ||||||
14 | previous month from within the metropolitan region, less the | ||||||
15 | amount paid
out during that same month as refunds to taxpayers | ||||||
16 | for overpayment of
liability in the metropolitan region under | ||||||
17 | Sections 4.03 and 4.03.1.
| ||||||
18 | (b)(1) All moneys deposited in the Public Transportation | ||||||
19 | Fund and the
Regional Transportation Authority Occupation and | ||||||
20 | Use Tax Replacement Fund,
whether deposited pursuant to this | ||||||
21 | Section or otherwise, are allocated to
the Authority. Pursuant | ||||||
22 | to appropriation, the Comptroller, as soon as
possible after | ||||||
23 | each monthly transfer provided in this Section and after
each | ||||||
24 | deposit into the Public Transportation Fund, shall order the | ||||||
25 | Treasurer
to pay to the Authority out of the Public | ||||||
26 | Transportation Fund the amount so
transferred or deposited. |
| |||||||
| |||||||
1 | Such amounts paid to the Authority may be
expended by it for | ||||||
2 | its purposes as provided in this Act.
| ||||||
3 | Subject to appropriation to the Department of Revenue, the | ||||||
4 | Comptroller,
as soon as possible after each deposit into the | ||||||
5 | Regional Transportation
Authority Occupation and Use Tax | ||||||
6 | Replacement Fund provided in this Section
and Section 6z-17 of | ||||||
7 | the State Finance Act, shall order the Treasurer
to pay to the | ||||||
8 | Authority out of the Regional Transportation Authority
| ||||||
9 | Occupation and Use Tax Replacement Fund the amount so | ||||||
10 | deposited. Such
amounts paid to the Authority may be expended | ||||||
11 | by it for its purposes as
provided in this Act.
| ||||||
12 | (2) Provided, however, no moneys deposited under | ||||||
13 | subsection (a)
of this Section shall be paid from the Public | ||||||
14 | Transportation
Fund to the Authority or its assignee for any | ||||||
15 | fiscal year beginning after
the effective
date of this | ||||||
16 | amendatory Act of 1983 until the Authority has certified to
the | ||||||
17 | Governor, the Comptroller, and the Mayor of the City of Chicago | ||||||
18 | that it
has adopted for that fiscal year an Annual Budget and | ||||||
19 | Two-Year Financial Plan
a budget and financial plan meeting the
| ||||||
20 | requirements in Section 4.01(b).
| ||||||
21 | (c) In recognition of the efforts of the Authority to | ||||||
22 | enhance the mass
transportation facilities under its control, | ||||||
23 | the State shall provide
financial assistance ("Additional | ||||||
24 | State Assistance") in excess of the
amounts transferred to the | ||||||
25 | Authority from the General Revenue Fund under
subsection (a) of | ||||||
26 | this Section. Additional State Assistance shall be
calculated |
| ||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||
1 | as provided in
subsection (d), but shall in no event exceed the | |||||||||||||||||||||||||||||||||||||||||
2 | following
specified amounts with respect to the following State | |||||||||||||||||||||||||||||||||||||||||
3 | fiscal years:
| |||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||
14 | (c-5) The State shall provide financial assistance | |||||||||||||||||||||||||||||||||||||||||
15 | ("Additional Financial
Assistance") in addition to the | |||||||||||||||||||||||||||||||||||||||||
16 | Additional State Assistance provided by
subsection (c) and the | |||||||||||||||||||||||||||||||||||||||||
17 | amounts transferred to the Authority from the General
Revenue | |||||||||||||||||||||||||||||||||||||||||
18 | Fund under subsection (a) of this Section. Additional Financial
| |||||||||||||||||||||||||||||||||||||||||
19 | Assistance provided by this subsection shall be calculated as | |||||||||||||||||||||||||||||||||||||||||
20 | provided in
subsection (d), but shall in no event exceed the | |||||||||||||||||||||||||||||||||||||||||
21 | following specified amounts
with respect to the following State | |||||||||||||||||||||||||||||||||||||||||
22 | fiscal years:
| |||||||||||||||||||||||||||||||||||||||||
|
| ||||||||||||||
| ||||||||||||||
| ||||||||||||||
4 | (d) Beginning with State fiscal year 1990 and continuing | |||||||||||||
5 | for each
State fiscal year thereafter, the Authority shall | |||||||||||||
6 | annually certify to the
State Comptroller and State Treasurer, | |||||||||||||
7 | separately with respect to each of
subdivisions (g)(2) and | |||||||||||||
8 | (g)(3) of Section 4.04 of this Act, the following
amounts:
| |||||||||||||
9 | (1) The amount necessary and required, during the State | |||||||||||||
10 | fiscal year with
respect to which the certification is | |||||||||||||
11 | made, to pay its obligations for debt
service on all | |||||||||||||
12 | outstanding bonds or notes issued by the Authority under | |||||||||||||
13 | subdivisions (g)(2) and (g)(3) of
Section 4.04 of this Act.
| |||||||||||||
14 | (2) An estimate of the amount necessary and required to | |||||||||||||
15 | pay its
obligations for debt service for any bonds or notes | |||||||||||||
16 | which the Authority anticipates it
will issue under | |||||||||||||
17 | subdivisions (g)(2) and (g)(3) of Section 4.04 during
that | |||||||||||||
18 | State fiscal year.
| |||||||||||||
19 | (3) Its debt service savings during the preceding State | |||||||||||||
20 | fiscal year
from refunding or advance refunding of bonds or | |||||||||||||
21 | notes issued under subdivisions
(g)(2) and (g)(3) of | |||||||||||||
22 | Section 4.04.
| |||||||||||||
23 | (4) The amount of interest, if any, earned by the | |||||||||||||
24 | Authority during the
previous State fiscal year on the | |||||||||||||
25 | proceeds of bonds or notes issued pursuant to
subdivisions | |||||||||||||
26 | (g)(2) and (g)(3) of Section 4.04, other than refunding or |
| |||||||
| |||||||
1 | advance
refunding bonds or notes.
| ||||||
2 | The certification shall include a specific
schedule of debt | ||||||
3 | service payments, including the date and amount of each
payment | ||||||
4 | for all outstanding bonds or notes and an estimated schedule of
| ||||||
5 | anticipated debt service for all bonds and notes it intends to | ||||||
6 | issue, if any,
during that State fiscal year, including the | ||||||
7 | estimated date and estimated
amount of each payment.
| ||||||
8 | Immediately upon the issuance of bonds for which an | ||||||
9 | estimated schedule
of debt service payments was prepared, the | ||||||
10 | Authority shall file an amended
certification with respect to | ||||||
11 | item (2) above, to specify the actual
schedule of debt service | ||||||
12 | payments, including the date and amount of each
payment, for | ||||||
13 | the remainder of the State fiscal year.
| ||||||
14 | On the first day of each month of the
State fiscal year in | ||||||
15 | which there are bonds outstanding with respect to which
the | ||||||
16 | certification is made, the State Comptroller shall order | ||||||
17 | transferred and
the State Treasurer shall transfer from the | ||||||
18 | General Revenue Fund to the
Public Transportation Fund the | ||||||
19 | Additional State Assistance and Additional
Financial | ||||||
20 | Assistance in an amount equal to the aggregate of
(i) | ||||||
21 | one-twelfth of the sum of the amounts certified under items
(1) | ||||||
22 | and (3) above less the amount certified under item (4) above, | ||||||
23 | plus
(ii)
the amount required to pay debt service on bonds and | ||||||
24 | notes
issued during the fiscal year, if any, divided by the | ||||||
25 | number of months
remaining in the fiscal year after the date of | ||||||
26 | issuance, or some smaller
portion as may be necessary under |
| |||||||
| |||||||
1 | subsection (c)
or (c-5) of this Section for the relevant State | ||||||
2 | fiscal year, plus
(iii) any cumulative deficiencies in | ||||||
3 | transfers for prior months,
until an amount equal to the
sum of | ||||||
4 | the amounts certified under items (1) and (3) above,
plus the | ||||||
5 | actual debt service certified under item (2) above,
less the | ||||||
6 | amount certified under item (4) above,
has been transferred; | ||||||
7 | except that these transfers are subject to the
following | ||||||
8 | limits:
| ||||||
9 | (A) In no event shall the total transfers in any State | ||||||
10 | fiscal
year relating to outstanding bonds and notes issued | ||||||
11 | by the Authority under
subdivision (g)(2) of Section 4.04 | ||||||
12 | exceed the lesser of the annual maximum
amount specified in | ||||||
13 | subsection (c) or the sum of the amounts
certified under | ||||||
14 | items (1) and (3) above,
plus the actual debt service | ||||||
15 | certified under item (2) above,
less the amount certified | ||||||
16 | under item
(4) above, with respect to those bonds and | ||||||
17 | notes.
| ||||||
18 | (B) In no event shall the total transfers in any State | ||||||
19 | fiscal year
relating to outstanding bonds and notes issued | ||||||
20 | by the Authority under
subdivision (g)(3) of Section 4.04 | ||||||
21 | exceed the lesser of the annual maximum
amount specified in | ||||||
22 | subsection (c-5) or the sum of the amounts certified under
| ||||||
23 | items (1) and (3) above,
plus the actual debt service | ||||||
24 | certified under item (2) above,
less the amount certified | ||||||
25 | under item (4) above, with
respect to those bonds and | ||||||
26 | notes.
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
1 | transportation. "System generated
revenues" include all | ||||||
2 | the proceeds of fares and charges for services provided,
| ||||||
3 | contributions received in connection with public | ||||||
4 | transportation from units
of local government other than | ||||||
5 | the Authority and from the State pursuant
to subsection (i) | ||||||
6 | of Section 2705-305 of the Department of Transportation Law
| ||||||
7 | (20 ILCS 2705/2705-305), and all other revenues properly | ||||||
8 | included consistent
with generally accepted accounting | ||||||
9 | principles but may not include: the proceeds
from any | ||||||
10 | borrowing, and, beginning with the 2007 fiscal year, all | ||||||
11 | revenues and receipts, including but not limited to fares | ||||||
12 | and grants received from the federal, State or any unit of | ||||||
13 | local government or other entity, derived from providing | ||||||
14 | ADA paratransit service pursuant to Section 2.30 of the | ||||||
15 | Regional Transportation Authority Act. "Costs" include all | ||||||
16 | items properly included as
operating costs consistent with | ||||||
17 | generally accepted accounting principles,
including | ||||||
18 | administrative costs, but do not include: depreciation; | ||||||
19 | payment
of principal and interest on bonds, notes or other | ||||||
20 | evidences of obligations
for borrowed money of the | ||||||
21 | Authority; payments with respect to public
transportation | ||||||
22 | facilities made pursuant to subsection (b) of Section 2.20;
| ||||||
23 | any payments with respect to rate protection contracts, | ||||||
24 | credit
enhancements or liquidity agreements made under | ||||||
25 | Section 4.14; any other
cost as to which it is reasonably | ||||||
26 | expected that a cash
expenditure will not be made; costs up |
| |||||||
| |||||||
1 | to $5,000,000 annually for passenger
security including | ||||||
2 | grants, contracts, personnel, equipment and
administrative | ||||||
3 | expenses, except in the case of the Chicago Transit
| ||||||
4 | Authority, in which case the term does not include costs | ||||||
5 | spent annually by
that entity for protection against crime | ||||||
6 | as required by Section 27a of the
Metropolitan Transit | ||||||
7 | Authority Act; costs as exempted by the Board for
projects | ||||||
8 | pursuant to Section 2.09 of this Act; or, beginning with | ||||||
9 | the 2007 fiscal year, expenses related to providing ADA | ||||||
10 | paratransit service pursuant to Section 2.30 of the | ||||||
11 | Regional Transportation Authority Act. If said system | ||||||
12 | generated
revenues are less than 50% of said costs, the | ||||||
13 | Board shall remit an amount
equal to the amount of the | ||||||
14 | deficit to the State. The Treasurer shall
deposit any such | ||||||
15 | payment in the General Revenue Fund; and
| ||||||
16 | (ii) whether, beginning with the 2007 fiscal year, the | ||||||
17 | aggregate of all fares charged and received for ADA | ||||||
18 | paratransit services equals the system generated ADA | ||||||
19 | paratransit services revenue recovery ratio percentage of | ||||||
20 | the aggregate of all costs of providing such ADA | ||||||
21 | paratransit services.
| ||||||
22 | (h) If the Authority makes any payment to the State under | ||||||
23 | paragraph (g),
the Authority shall reduce the amount provided | ||||||
24 | to a Service Board from funds
transferred under paragraph (a) | ||||||
25 | in proportion to the amount by which
that Service Board failed | ||||||
26 | to meet its required system generated revenues
recovery ratio. |
| |||||||
| |||||||
1 | A Service Board which is affected by a reduction in funds
under | ||||||
2 | this paragraph shall submit to the Authority concurrently with | ||||||
3 | its
next due quarterly report a revised budget incorporating | ||||||
4 | the reduction in
funds. The revised budget must meet the | ||||||
5 | criteria specified in clauses (i)
through (vi) of Section | ||||||
6 | 4.11(b)(2). The Board shall review and act on the
revised | ||||||
7 | budget as provided in Section 4.11(b)(3).
| ||||||
8 | (Source: P.A. 94-370, eff. 7-29-05.)
| ||||||
9 | (70 ILCS 3615/4.11) (from Ch. 111 2/3, par. 704.11)
| ||||||
10 | Sec. 4.11. Budget Review Powers.
| ||||||
11 | (a) The provisions of this Section
shall only be applicable | ||||||
12 | to financial periods beginning after December 31,
1983. The | ||||||
13 | Transition Board shall adopt a timetable governing the | ||||||
14 | certification
of estimates and any submissions required under | ||||||
15 | this Section for fiscal
year 1984 which shall control over the | ||||||
16 | provisions of this Act. Based
upon estimates which shall be | ||||||
17 | given to the Authority by the Director of
the
Governor's Office | ||||||
18 | of Management and Budget (formerly
Bureau of the Budget) of the | ||||||
19 | receipts to be received by the
Authority from the taxes imposed
| ||||||
20 | by the Authority and the authorized estimates of amounts
to be | ||||||
21 | available from State and other sources to the Service Boards, | ||||||
22 | and
the times at which such receipts and amounts will be | ||||||
23 | available, the Board
shall, not later than the next preceding | ||||||
24 | September 15th prior to the beginning
of the Authority's next | ||||||
25 | fiscal year,
advise each Service Board of the amounts estimated |
| |||||||
| |||||||
1 | by the Board to be available
for such Service Board during such | ||||||
2 | fiscal year and the two following fiscal
years and the times at | ||||||
3 | which such amounts will be available. The Board
shall, at the | ||||||
4 | same time, also advise each Service Board of its required
| ||||||
5 | system generated revenues recovery ratio for the next fiscal | ||||||
6 | year which
shall be the percentage of the aggregate costs of | ||||||
7 | providing public
transportation by or under jurisdiction of | ||||||
8 | that Service Board which must be
recovered from system | ||||||
9 | generated revenues. The Board shall, at the same time, | ||||||
10 | beginning with the 2007 fiscal year, also advise each Service | ||||||
11 | Board that provides ADA paratransit services of its required | ||||||
12 | system generated ADA paratransit services revenue recovery | ||||||
13 | ratio for the next fiscal year which shall be the percentage of | ||||||
14 | the aggregate costs of providing ADA paratransit services by or | ||||||
15 | under jurisdiction of that Service Board which must be | ||||||
16 | recovered from fares charged for such services, except that | ||||||
17 | such required system generated ADA paratransit services | ||||||
18 | revenue recovery ratio shall not exceed the minimum percentage | ||||||
19 | established pursuant to Section 4.01(b)(ii) of this Act. In | ||||||
20 | determining
a Service Board's system generated revenue | ||||||
21 | recovery ratio, the Board shall
consider the historical system | ||||||
22 | generated revenues recovery ratio for the
services subject to | ||||||
23 | the jurisdiction of that
Service Board. The Board shall not | ||||||
24 | increase a Service Board's system generated
revenues recovery | ||||||
25 | ratio for the next fiscal year over such ratio for the
current | ||||||
26 | fiscal year disproportionately or prejudicially to increases |
| |||||||
| |||||||
1 | in
such ratios for other Service Boards. The Board may, by | ||||||
2 | ordinance,
provide that (i) the cost of research and | ||||||
3 | development projects in the
fiscal year beginning January 1, | ||||||
4 | 1986 and ending December 31, 1986
conducted pursuant to Section | ||||||
5 | 2.09 of this Act, and (ii) up to $5,000,000
annually of the | ||||||
6 | costs for passenger security, and (iii) expenditures of amounts | ||||||
7 | granted to a Service Board from the Innovation, Coordination, | ||||||
8 | and Enhancement Fund for operating purposes may be exempted | ||||||
9 | from the
farebox recovery ratio or the system generated | ||||||
10 | revenues recovery ratio of
the Chicago Transit Authority, the | ||||||
11 | Suburban Bus Board, and the Commuter
Rail Board, or any of | ||||||
12 | them. For the fiscal year beginning January 1, 1986
and ending | ||||||
13 | December 31, 1986, and for the fiscal year beginning January
1, | ||||||
14 | 1987 and ending December 31, 1987, the Board shall, by | ||||||
15 | ordinance, provide
that:
(1) the amount of a grant, pursuant to | ||||||
16 | Section 2705-310 of the
Department of Transportation Law (20 | ||||||
17 | ILCS 2705/2705-310), from the Department of Transportation for
| ||||||
18 | the cost of services for the mobility limited provided by the | ||||||
19 | Chicago
Transit Authority, and (2) the amount of a grant, | ||||||
20 | pursuant to Section
2705-310 of the Department of | ||||||
21 | Transportation Law (20 ILCS
2705/2705-310), from the | ||||||
22 | Department
of
Transportation for the cost of services for the | ||||||
23 | mobility limited by the
Suburban Bus Board or the Commuter Rail | ||||||
24 | Board, be exempt from the farebox
recovery ratio or the system | ||||||
25 | generated revenues recovery ratio.
| ||||||
26 | (b)(1) Not later than the next preceding November 15 prior |
| |||||||
| |||||||
1 | to the
commencement of such fiscal year, each Service Board | ||||||
2 | shall submit to the
Authority its proposed budget for such | ||||||
3 | fiscal year and its proposed
financial plan for the two | ||||||
4 | following fiscal years. Such budget and
financial plan shall | ||||||
5 | (i) be prepared in the format, follow the financial and | ||||||
6 | budgetary practices, and be based on any assumptions and | ||||||
7 | projections required by the Authority and (ii) not project or | ||||||
8 | assume a receipt of revenues from the
Authority in amounts | ||||||
9 | greater than those set forth in the estimates provided
by the | ||||||
10 | Authority pursuant to subsection (a) of this Section.
| ||||||
11 | (2) The Board shall review the proposed budget and two-year
| ||||||
12 | financial plan submitted
by each Service Board , and shall adopt | ||||||
13 | a consolidated budget and financial
plan . The Board shall | ||||||
14 | approve the budget and two-year financial plan of a Service | ||||||
15 | Board if:
| ||||||
16 | (i) the Board has approved the proposed budget and cash | ||||||
17 | flow plan for
such fiscal year of each Service Board, | ||||||
18 | pursuant to the conditions set forth
in clauses (ii) | ||||||
19 | through (vii) of this paragraph;
| ||||||
20 | (i)
(ii) such budget and plan show a balance between | ||||||
21 | (A) anticipated revenues
from all sources including | ||||||
22 | operating subsidies and (B) the costs of providing
the | ||||||
23 | services specified and of funding any operating deficits or | ||||||
24 | encumbrances
incurred in prior periods, including | ||||||
25 | provision for payment when due of
principal and interest on | ||||||
26 | outstanding indebtedness;
|
| |||||||
| |||||||
1 | (ii)
(iii) such budget and plan show cash balances | ||||||
2 | including the proceeds of
any anticipated cash flow | ||||||
3 | borrowing sufficient to pay with reasonable
promptness all | ||||||
4 | costs and expenses as incurred;
| ||||||
5 | (iii)
(iv) such budget and plan provide for a level of | ||||||
6 | fares or charges and
operating or administrative costs for | ||||||
7 | the public transportation provided
by or subject to the | ||||||
8 | jurisdiction of such Service Board sufficient to allow
the | ||||||
9 | Service Board to meet its required system generated revenue | ||||||
10 | recovery ratio and, beginning with the 2007 fiscal year, | ||||||
11 | system generated ADA paratransit services revenue recovery | ||||||
12 | ratio;
| ||||||
13 | (iv)
(v) such budget and plan are based upon and employ | ||||||
14 | assumptions and
projections which are reasonable and | ||||||
15 | prudent;
| ||||||
16 | (v)
(vi) such budget and plan have been prepared in | ||||||
17 | accordance with sound
financial practices as determined by | ||||||
18 | the Board; and
| ||||||
19 | (vi)
(vii) such budget and plan meet such other | ||||||
20 | financial, budgetary, or fiscal
requirements that the | ||||||
21 | Board may by rule or regulation establish ; and
.
| ||||||
22 | (vii) such budget and plan are consistent with the | ||||||
23 | goals and objectives adopted by the Authority in the | ||||||
24 | Strategic Plan.
| ||||||
25 | (3) (blank)
In determining whether the budget and financial | ||||||
26 | plan provide a level
of fares or charges sufficient to allow a |
| |||||||
| |||||||
1 | Service Board to meet its required
system generated revenue | ||||||
2 | recovery ratio and, beginning with the 2007 fiscal year, system | ||||||
3 | generated ADA paratransit services revenue recovery ratio | ||||||
4 | under clause (iv) in subparagraph (2),
the Board shall allow a | ||||||
5 | Service Board to carry over cash from farebox
revenues to | ||||||
6 | subsequent fiscal years .
| ||||||
7 | (4) Unless the Board by an affirmative vote of 9 of the | ||||||
8 | then Directors
determines that the budget and financial plan of | ||||||
9 | a Service Board meets the
criteria specified in clauses (i)
| ||||||
10 | (ii) through (vii) of subparagraph (2) of
this paragraph (b), | ||||||
11 | the Board shall not release to that Service Board any
funds for | ||||||
12 | the periods covered by such budget and financial plan after | ||||||
13 | February 1, except 75% of
for
the cash proceeds of taxes | ||||||
14 | imposed by the Authority under Section 4.03 and Section 4.03.1
| ||||||
15 | which
are allocated to the Service Board under Section 4.01 and | ||||||
16 | received by the Authority after February 1 shall be released to | ||||||
17 | the Service Board. The remainder of any cash proceeds of taxes | ||||||
18 | imposed by the Authority under Section 4.03 and Section 4.03.1 | ||||||
19 | that are allocated to the Service Board under Section 4.01 | ||||||
20 | shall be released to the Service Board only upon approval of a | ||||||
21 | budget and financial plan under this Section or adoption of a | ||||||
22 | budget and financial plan on behalf of the Service Board by the | ||||||
23 | Authority .
| ||||||
24 | (5) If the Board has not found that the budget and | ||||||
25 | financial plan of a
Service Board meets the criteria specified | ||||||
26 | in clauses (i) through (vii)
of subparagraph (2) of this |
| |||||||
| |||||||
1 | paragraph (b), the Board , by the affirmative vote of at least 9 | ||||||
2 | of its then Directors, may
shall, five working
days after the | ||||||
3 | start of the Service Board's fiscal year adopt a budget and
| ||||||
4 | financial plan meeting such criteria for that Service Board.
| ||||||
5 | (c)(1) If the Board shall at any time have received a
| ||||||
6 | revised estimate, or revises any estimate the Board has made, | ||||||
7 | pursuant to
this Section of the receipts to be collected by the | ||||||
8 | Authority which, in
the judgment of the Board, requires a | ||||||
9 | change in the estimates on which the
budget of any Service | ||||||
10 | Board is based, the Board shall advise the affected
Service | ||||||
11 | Board of such revised estimates, and such Service Board shall | ||||||
12 | within
30 days after receipt of such advice submit a revised | ||||||
13 | budget incorporating
such revised estimates. If the revised | ||||||
14 | estimates require, in the judgment
of the Board, that the | ||||||
15 | system generated revenues recovery ratio of one or
more Service | ||||||
16 | Boards be revised in order to allow the Authority to meet its
| ||||||
17 | required ratio, the Board shall advise any such Service Board | ||||||
18 | of its revised
ratio and such Service Board shall within 30 | ||||||
19 | days after receipt of such
advice submit a revised budget | ||||||
20 | incorporating such revised estimates or ratio.
| ||||||
21 | (2) Each Service Board shall, within such period after the | ||||||
22 | end of each
fiscal quarter as shall be specified by the Board, | ||||||
23 | report to the Authority
its financial condition and results of | ||||||
24 | operations and the financial condition
and results of | ||||||
25 | operations of the public transportation services subject
to its | ||||||
26 | jurisdiction, as at the end of and for such quarter. If in the |
| |||||||
| |||||||
1 | judgment
of the Board such condition and results are not | ||||||
2 | substantially in accordance
with such Service Board's budget | ||||||
3 | for such period, the Board shall so advise
such Service Board | ||||||
4 | and such Service Board shall within the period specified
by the | ||||||
5 | Board submit a revised budget incorporating such results.
| ||||||
6 | (3) If the Board shall determine that a revised budget | ||||||
7 | submitted by a
Service Board pursuant to subparagraph (1) or | ||||||
8 | (2) of this paragraph (c)
does not meet the criteria specified | ||||||
9 | in clauses (i)
(ii) through (vii) of
subparagraph
(2) of | ||||||
10 | paragraph (b) of this Section, the Board shall not release any | ||||||
11 | monies
to that Service Board , except 75% of the cash proceeds | ||||||
12 | of taxes imposed by the Authority
under Section 4.03 or 4.03.1 | ||||||
13 | which are allocated to the Service Board under
Section 4.01. If | ||||||
14 | the Service Board submits a revised financial plan and
budget | ||||||
15 | which plan and budget shows that the criteria will be met | ||||||
16 | within
a four quarter period, the Board shall continue to | ||||||
17 | release funds to the
Service Board. The Board by the | ||||||
18 | affirmative vote of at least 9
a 9 vote of its then Directors | ||||||
19 | may
require a Service Board to submit a revised financial plan | ||||||
20 | and budget which
shows that the criteria will be met in a time | ||||||
21 | period less than four quarters.
| ||||||
22 | (d) All budgets and financial plans, financial statements, | ||||||
23 | audits and
other information presented to the Authority | ||||||
24 | pursuant to this Section or
which may be required by the Board | ||||||
25 | to permit it to monitor compliance with
the provisions of this | ||||||
26 | Section shall be prepared and presented in such
manner and |
| |||||||
| |||||||
1 | frequency and in such detail as shall have been prescribed by
| ||||||
2 | the Board, shall be prepared on both an accrual and cash flow | ||||||
3 | basis as
specified by the Board, shall present such information | ||||||
4 | as the Authority shall prescribe that fairly presents the | ||||||
5 | condition of any pension plan or trust for health care benefits | ||||||
6 | with respect to retirees established by the Service Board and | ||||||
7 | describes the plans of the Service Board to meet the | ||||||
8 | requirements of Sections 4.02a and 4.02b, and shall identify | ||||||
9 | and describe the assumptions and
projections employed in the | ||||||
10 | preparation
thereof to the extent required by the Board. If the | ||||||
11 | Executive Director certifies that a Service Board has not | ||||||
12 | presented its budget and two-year financial plan in conformity | ||||||
13 | with the rules adopted by the Authority under the provisions of | ||||||
14 | Section 4.01(f) and this subsection (d), and such certification | ||||||
15 | is accepted by the affirmative vote of at least 9 of the then | ||||||
16 | Directors of the Authority, the Authority shall not distribute | ||||||
17 | to that Service Board any funds for operating purposes in | ||||||
18 | excess of the amounts distributed for such purposes to the | ||||||
19 | Service Board in the previous fiscal year. Except when the | ||||||
20 | Board adopts
a budget and a financial plan for a Service Board | ||||||
21 | under paragraph (b)(5),
a Service Board shall provide for such | ||||||
22 | levels of transportation services
and fares or charges therefor | ||||||
23 | as it deems appropriate and necessary in the
preparation of a | ||||||
24 | budget and financial plan meeting the criteria set forth
in | ||||||
25 | clauses (i)
(ii) through (vii) of subparagraph (2) of paragraph | ||||||
26 | (b) of this
Section. The Authority
Board shall have access to |
| |||||||
| |||||||
1 | and the right to examine and copy
all books, documents, papers, | ||||||
2 | records, or other source data of a Service
Board relevant to | ||||||
3 | any information submitted pursuant to this Section.
| ||||||
4 | (e) Whenever this Section requires the Board to make | ||||||
5 | determinations with
respect to estimates, budgets or financial | ||||||
6 | plans, or rules or regulations
with respect thereto such | ||||||
7 | determinations shall be made upon the affirmative
vote of at | ||||||
8 | least 9 of the then Directors and shall be incorporated in a
| ||||||
9 | written report of the Board and such report shall be submitted | ||||||
10 | within 10
days after such determinations are made to
the | ||||||
11 | Governor, the Mayor of Chicago (if such determinations relate | ||||||
12 | to the
Chicago Transit Authority), and the Auditor General of | ||||||
13 | Illinois.
| ||||||
14 | (Source: P.A. 94-370, eff. 7-29-05.)
| ||||||
15 | (70 ILCS 3615/5.01) (from Ch. 111 2/3, par. 705.01)
| ||||||
16 | Sec. 5.01. Hearings and Citizen Participation.
| ||||||
17 | (a) The Authority shall provide for and encourage | ||||||
18 | participation by the
public in the development and review of | ||||||
19 | public transportation policy, and
in the process by which major | ||||||
20 | decisions significantly affecting the
provision of public | ||||||
21 | transportation are made. The Authority shall coordinate such | ||||||
22 | public participation processes with the Chicago Metropolitan | ||||||
23 | Agency for Planning to the extent practicable.
| ||||||
24 | (b) The Authority shall hold such public hearings as may be | ||||||
25 | required by
this Act or as the Authority may deem appropriate |
| |||||||
| |||||||
1 | to the performance of any
of its functions. The Authority shall | ||||||
2 | coordinate such public hearings with the Chicago Metropolitan | ||||||
3 | Agency for Planning to the extent practicable.
| ||||||
4 | (c) Unless such items are specifically provided for either | ||||||
5 | in the
Five-Year Program or in the annual budget program which | ||||||
6 | has been the
subject of public hearings as provided in Sections | ||||||
7 | 2.01 or 4.01 of this
Act, the Board shall hold public hearings | ||||||
8 | at which citizens may be heard
prior to:
| ||||||
9 | (i) the construction or acquisition of any public | ||||||
10 | transportation
facility, the aggregate cost of which exceeds $5 | ||||||
11 | million; and
| ||||||
12 | (ii) the extension of, or major addition to services | ||||||
13 | provided by the
Authority or by any transportation agency | ||||||
14 | pursuant to a purchase of service
agreement with the Authority.
| ||||||
15 | (d) Unless such items are specifically provided for in the | ||||||
16 | annual budget
and program which has been the subject of public | ||||||
17 | hearing, as provided in
Section 4.01 of this Act, the Board | ||||||
18 | shall hold public hearings at which
citizens may be heard prior | ||||||
19 | to the providing for or allowing, by means of
any purchase of | ||||||
20 | service agreement or any grant pursuant to Section 2.02 of
this | ||||||
21 | Act, any general increase or series of increases in fares or | ||||||
22 | charges
for public transportation, whether by the Authority or | ||||||
23 | by any
transportation agency, which increase or series of | ||||||
24 | increases within any
twelve months affects more than 25% of the | ||||||
25 | consumers of service of the
Authority or of the transportation | ||||||
26 | agency; or so providing for or allowing
any discontinuance of |
| |||||||
| |||||||
1 | any public transportation route, or major portion
thereof, | ||||||
2 | which has been in service for more than a year.
| ||||||
3 | (e) At least twenty days prior notice of any public | ||||||
4 | hearing, as required
in this Section, shall be given by public | ||||||
5 | advertisement in a newspaper of
general circulation in the | ||||||
6 | metropolitan region.
| ||||||
7 | (f) The Authority may designate one or more Directors or | ||||||
8 | may appoint one
or more hearing officers to preside over any | ||||||
9 | hearing pursuant to this Act.
The Authority shall have the | ||||||
10 | power in connection with any such hearing to
issue subpoenas to | ||||||
11 | require the attendance of witnesses and the production
of | ||||||
12 | documents, and the Authority may apply to any circuit court in | ||||||
13 | the State
to require compliance with such subpoenas.
| ||||||
14 | (g) The Authority may require any Service Board to hold one | ||||||
15 | or more public hearings with respect to any item described in | ||||||
16 | paragraphs (c) and (d) of this Section 5.01, notwithstanding | ||||||
17 | whether such item has been the subject of a public hearing | ||||||
18 | under this Section 5.01 or Section 2.01 or 4.01 of this Act.
| ||||||
19 | (Source: P.A. 78-3rd S.S.-5.)
| ||||||
20 | (70 ILCS 3615/2.12a rep.)
| ||||||
21 | Section 15. The Regional Transportation Authority Act is | ||||||
22 | amended by repealing Section 2.12a.".
|