Rep. Julie Hamos
Filed: 5/29/2007
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1 | AMENDMENT TO SENATE BILL 572
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2 | AMENDMENT NO. ______. Amend Senate Bill 572, AS AMENDED, | ||||||
3 | with reference to page and line numbers of House Amendment No. | ||||||
4 | 1, on page 6, by replacing lines 2 through 4 with "amended by | ||||||
5 | changing Sections 1.02, 2.01, 2.04, 2.05, 2.12, 2.30, 3A.10, | ||||||
6 | 3B.10, 4.01, 4.02, 4.03, 4.09, 4.11, 4.13, and 5.01 and by | ||||||
7 | adding Section 2.01a, 2.01b, 2.01c, 2.12b, 4.03.2, and 4.03.3 | ||||||
8 | as follows:"; and
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9 | by replacing line 20 on page 20 through line 4 on page 21 with | ||||||
10 | the following: | ||||||
11 | " (a) The Authority shall establish an Innovation, | ||||||
12 | Coordination, and Enhancement Fund and each year deposit into | ||||||
13 | the Fund the amounts directed by Section 4.03.3 of this Act. | ||||||
14 | Amounts on deposit in such Fund and interest and "; and | ||||||
15 | on page 27, below line 26, by inserting the following: |
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1 | "(70 ILCS 3615/2.30) | ||||||
2 | Sec. 2.30. Paratransit services. | ||||||
3 | (a) For purposes of this Act, "ADA paratransit services" | ||||||
4 | shall mean those comparable or specialized transportation | ||||||
5 | services provided by, or under grant or purchase of service | ||||||
6 | contracts of, the Service Boards to individuals with | ||||||
7 | disabilities who are unable to use fixed route transportation | ||||||
8 | systems and who are determined to be eligible, for some or all | ||||||
9 | of their trips, for such services under the Americans with | ||||||
10 | Disabilities Act of 1990 and its implementing regulations. | ||||||
11 | (b) Beginning July 1, 2005, the Authority is responsible | ||||||
12 | for the funding, from amounts made available under Section | ||||||
13 | 4.09(a)(2) of this Act, financial review and oversight of all | ||||||
14 | ADA paratransit services that are provided by the Authority or | ||||||
15 | by any of the Service Boards. The Suburban Bus Board shall | ||||||
16 | operate or provide for the operation of all ADA paratransit | ||||||
17 | services by no later than July 1, 2006, except that this date | ||||||
18 | may be extended to the extent necessary to obtain approval from | ||||||
19 | the Federal Transit Administration of the plan prepared | ||||||
20 | pursuant to subsection (c). | ||||||
21 | (c) No later than January 1, 2006, the Authority, in | ||||||
22 | collaboration with the Suburban Bus Board and the Chicago | ||||||
23 | Transit Authority, shall develop a plan for the provision of | ||||||
24 | ADA paratransit services and submit such plan to the Federal | ||||||
25 | Transit Administration for approval. Approval of such plan by |
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1 | the Authority shall require the affirmative votes of 9 of the | ||||||
2 | then Directors. The Suburban Bus Board, the Chicago Transit | ||||||
3 | Authority and the Authority shall comply with the requirements | ||||||
4 | of the Americans with Disabilities Act of 1990 and its | ||||||
5 | implementing regulations in developing and approving such plan | ||||||
6 | including, without limitation, consulting with individuals | ||||||
7 | with disabilities and groups representing them in the | ||||||
8 | community, and providing adequate opportunity for public | ||||||
9 | comment and public hearings. The plan shall include the | ||||||
10 | contents required for a paratransit plan pursuant to the | ||||||
11 | Americans with Disabilities Act of 1990 and its implementing | ||||||
12 | regulations. The plan shall also include, without limitation, | ||||||
13 | provisions to: | ||||||
14 | (1) maintain, at a minimum, the levels of ADA | ||||||
15 | paratransit service that are required to be provided by the | ||||||
16 | Service Boards pursuant to the Americans with Disabilities | ||||||
17 | Act of 1990 and its implementing regulations; | ||||||
18 | (2) transfer the appropriate ADA paratransit services, | ||||||
19 | management, personnel, service contracts and assets from | ||||||
20 | the Chicago Transit Authority to the Authority or the | ||||||
21 | Suburban Bus Board, as necessary, by no later than July 1, | ||||||
22 | 2006, except that this date may be extended to the extent | ||||||
23 | necessary to obtain approval from the Federal Transit | ||||||
24 | Administration of the plan prepared pursuant to this | ||||||
25 | subsection (c); | ||||||
26 | (3) provide for consistent policies throughout the |
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1 | metropolitan region for scheduling of ADA paratransit | ||||||
2 | service trips to and from destinations, with consideration | ||||||
3 | of scheduling of return trips on a "will-call" open-ended | ||||||
4 | basis upon request of the rider, if practicable, and with | ||||||
5 | consideration of an increased number of trips available by | ||||||
6 | subscription service than are available as of the effective | ||||||
7 | date of this amendatory Act; | ||||||
8 | (4) provide that service contracts and rates, entered | ||||||
9 | into or set after the approval by the Federal Transit | ||||||
10 | Administration of the plan prepared pursuant to subsection | ||||||
11 | (c) of this Section, with private carriers and taxicabs for | ||||||
12 | ADA paratransit service are procured by means of an open | ||||||
13 | procurement process; | ||||||
14 | (5) provide for fares, fare collection and billing | ||||||
15 | procedures for ADA paratransit services throughout the | ||||||
16 | metropolitan region; | ||||||
17 | (6) provide for performance standards for all ADA | ||||||
18 | paratransit service transportation carriers, with | ||||||
19 | consideration of door-to-door service; | ||||||
20 | (7) provide, in cooperation with the Illinois | ||||||
21 | Department of Transportation, the Illinois Department of | ||||||
22 | Public Aid and other appropriate public agencies and | ||||||
23 | private entities, for the application and receipt of | ||||||
24 | grants, including, without limitation, reimbursement from | ||||||
25 | Medicaid or other programs for ADA paratransit services; | ||||||
26 | (8) provide for a system of dispatch of ADA paratransit |
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1 | services transportation carriers throughout the | ||||||
2 | metropolitan region, with consideration of county-based | ||||||
3 | dispatch systems already in place as of the effective date | ||||||
4 | of this amendatory Act; | ||||||
5 | (9) provide for a process of determining eligibility | ||||||
6 | for ADA paratransit services that complies with the | ||||||
7 | Americans with Disabilities Act of 1990 and its | ||||||
8 | implementing regulations; | ||||||
9 | (10) provide for consideration of innovative methods | ||||||
10 | to provide and fund ADA paratransit services; and | ||||||
11 | (11) provide for the creation of one or more ADA | ||||||
12 | advisory boards, or the reconstitution of the existing ADA | ||||||
13 | advisory boards for the Service Boards, to represent the | ||||||
14 | diversity of individuals with disabilities in the | ||||||
15 | metropolitan region and to provide appropriate ongoing | ||||||
16 | input from individuals with disabilities into the | ||||||
17 | operation of ADA paratransit services.
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18 | (d) All revisions and annual updates to the ADA paratransit | ||||||
19 | services plan developed pursuant to subsection (c) of this | ||||||
20 | Section, or certifications of continued compliance in lieu of | ||||||
21 | plan updates, that are required to be provided to the Federal | ||||||
22 | Transit Administration shall be developed by the Authority, in | ||||||
23 | collaboration with the Suburban Bus Board and the Chicago | ||||||
24 | Transit Authority, and the Authority shall submit such | ||||||
25 | revision, update or certification to the Federal Transit | ||||||
26 | Administration for approval. Approval of such revisions, |
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1 | updates or certifications by the Authority shall require the | ||||||
2 | affirmative votes of 9 of the then Directors. | ||||||
3 | (e) The Illinois Department of Transportation, the | ||||||
4 | Illinois Department of Public Aid, the Authority, the Suburban | ||||||
5 | Bus Board and the Chicago Transit Authority shall enter into | ||||||
6 | intergovernmental agreements as may be necessary to provide | ||||||
7 | funding and accountability for, and implementation of, the | ||||||
8 | requirements of this Section. | ||||||
9 | (f) By no later than April 1, 2007, the Authority shall | ||||||
10 | develop and submit to the General Assembly and the Governor a | ||||||
11 | funding plan for ADA paratransit services. Approval of such | ||||||
12 | plan by the Authority shall require the affirmative votes of 9 | ||||||
13 | of the then Directors. The funding plan shall, at a minimum, | ||||||
14 | contain an analysis of the current costs of providing ADA | ||||||
15 | paratransit services, projections of the long-term costs of | ||||||
16 | providing ADA paratransit services, identification of and | ||||||
17 | recommendations for possible cost efficiencies in providing | ||||||
18 | ADA paratransit services, and identification of and | ||||||
19 | recommendations for possible funding sources for providing ADA | ||||||
20 | paratransit services. The Illinois Department of | ||||||
21 | Transportation, the Illinois Department of Public Aid, the | ||||||
22 | Suburban Bus Board, the Chicago Transit Authority and other | ||||||
23 | State and local public agencies as appropriate shall cooperate | ||||||
24 | with the Authority in the preparation of such funding plan. | ||||||
25 | (g) Any funds derived from the federal Medicaid program for | ||||||
26 | reimbursement of the costs of providing ADA paratransit |
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1 | services within the metropolitan region shall be directed to | ||||||
2 | the Authority and shall be used to pay for or reimburse the | ||||||
3 | costs of providing such services. | ||||||
4 | (h) Nothing in this amendatory Act shall be construed to | ||||||
5 | conflict with the requirements of the Americans with | ||||||
6 | Disabilities Act of 1990 and its implementing regulations.
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7 | (Source: P.A. 94-370, eff. 7-29-05.)"; and | ||||||
8 | by replacing everything from line 19 on page 34 through line 8 | ||||||
9 | on page 57 with the following:
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10 | "(70 ILCS 3615/4.01) (from Ch. 111 2/3, par. 704.01)
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11 | Sec. 4.01. Budget and Program.
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12 | (a) The Board shall control the finances
of the Authority. | ||||||
13 | It shall by ordinance adopted by the affirmative vote of at | ||||||
14 | least 9 of its then Directors (i) appropriate money to perform | ||||||
15 | the
Authority's purposes and provide for payment of debts and | ||||||
16 | expenses of
the Authority , (ii) take action with respect to the | ||||||
17 | budget and two-year financial plan of each Service Board, as | ||||||
18 | provided in Section 4.11, and (iii) adopt an Annual Budget and | ||||||
19 | Two-Year Financial Plan for the Authority that includes the | ||||||
20 | annual budget and two-year financial plan of each Service Board | ||||||
21 | that has been approved by the Authority . Each year the | ||||||
22 | Authority shall prepare and publish a
comprehensive annual | ||||||
23 | budget and program document describing the state of
the |
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1 | Authority and presenting for the forthcoming fiscal year the
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2 | Authority's plans for such operations and capital expenditures | ||||||
3 | as the
Authority intends to undertake and the means by which it | ||||||
4 | intends to
finance them. The Annual Budget and Two-Year | ||||||
5 | Financial Plan
proposed program and budget shall contain a | ||||||
6 | statement
of the funds estimated to be on hand for the | ||||||
7 | Authority and each Service Board at the beginning of the fiscal
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8 | year, the funds estimated to be received from all sources for | ||||||
9 | such year , the estimated expenses and obligations of the | ||||||
10 | Authority and each Service Board for all purposes, including | ||||||
11 | expenses for contributions to be made with respect to pension | ||||||
12 | and other employee benefits,
and the funds estimated to be on | ||||||
13 | hand at the end of such year. After
adoption of the Authority's | ||||||
14 | first Five-Year Program, as provided in
Section 2.01 of this | ||||||
15 | Act, the proposed program and budget shall
specifically | ||||||
16 | identify any respect in which the recommended program
deviates | ||||||
17 | from the Authority's then existing Five-Year Program, giving
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18 | the reasons for such deviation. The fiscal year of the | ||||||
19 | Authority and each Service Board shall
begin on January 1st and | ||||||
20 | end on the succeeding December 31st except that
the fiscal year | ||||||
21 | that began October 1, 1982, shall end December 31, 1983 .
By | ||||||
22 | July 1st 1981 and July 1st of each year thereafter the Director | ||||||
23 | of the
Illinois
Governor's Office of Management and Budget | ||||||
24 | (formerly Bureau of the
Budget) shall submit
to the Authority | ||||||
25 | an estimate of revenues for the next fiscal year of the | ||||||
26 | Authority to be
collected from the taxes imposed by the |
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1 | Authority and the amounts to be
available in the Public | ||||||
2 | Transportation Fund and the Regional Transportation
Authority | ||||||
3 | Occupation and Use Tax Replacement Fund and the amounts | ||||||
4 | otherwise to be appropriated by the State to the Authority for | ||||||
5 | its purposes . The Authority shall file a copy of its Annual | ||||||
6 | Budget and Two-Year Financial Plan with
For the fiscal year | ||||||
7 | ending
on December 31, 1983, the Board shall report its results | ||||||
8 | from
operations and financial condition to the General Assembly | ||||||
9 | and the Governor
by January 31. For the fiscal year beginning | ||||||
10 | January
1, 1984, and thereafter, the budget and program shall | ||||||
11 | be presented to the
General Assembly and the Governor after its | ||||||
12 | adoption
not later than the preceding December
31st . Before the | ||||||
13 | proposed Annual Budget and Two-Year Financial Plan
budget and | ||||||
14 | program is adopted, the Authority
shall hold at least one | ||||||
15 | public hearing thereon
in the metropolitan region , and shall | ||||||
16 | meet
. The Board shall hold at least one meeting for
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17 | consideration of the proposed program and budget with the | ||||||
18 | county board or its designee of
each of the several counties in | ||||||
19 | the metropolitan region. After conducting
such hearings and | ||||||
20 | holding such meetings and after making such changes
in the | ||||||
21 | proposed Annual Budget and Two-Year Financial Plan
program and | ||||||
22 | budget as the Board deems appropriate, the
Board shall adopt | ||||||
23 | its annual appropriation and Annual Budget and Two-Year | ||||||
24 | Financial Plan
budget ordinance. The ordinance may be adopted
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25 | only upon the affirmative votes of 9 of its then Directors. The
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26 | ordinance shall appropriate such sums of money as are deemed |
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1 | necessary
to defray all necessary expenses and obligations of | ||||||
2 | the Authority,
specifying purposes and the objects or programs | ||||||
3 | for which appropriations
are made and the amount appropriated | ||||||
4 | for each object or program.
Additional appropriations, | ||||||
5 | transfers between items and other changes in
such ordinance may | ||||||
6 | be made from time to time by the Board upon the
affirmative | ||||||
7 | votes of 9 of its then Directors.
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8 | (b) The Annual Budget and Two-Year Financial Plan
budget | ||||||
9 | shall show a balance between anticipated revenues from
all | ||||||
10 | sources and anticipated expenses including funding of | ||||||
11 | operating deficits
or the discharge of encumbrances incurred in | ||||||
12 | prior periods and payment of
principal and interest when due, | ||||||
13 | and shall show cash balances sufficient
to pay with reasonable | ||||||
14 | promptness all obligations and expenses as incurred.
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15 | The Annual Budget and Two-Year Financial Plan
annual budget | ||||||
16 | and financial plan must show: | ||||||
17 |
(i) that the level of fares
and charges for mass | ||||||
18 | transportation provided by, or under grant or purchase
of | ||||||
19 | service contracts of, the Service Boards is sufficient to | ||||||
20 | cause the
aggregate of all projected fare revenues from | ||||||
21 | such fares and charges received
in each fiscal year to | ||||||
22 | equal at least 50% of the aggregate costs of providing
such | ||||||
23 | public transportation in such fiscal year. "Fare revenues" | ||||||
24 | include
the proceeds of all fares and charges for services | ||||||
25 | provided, contributions
received in connection with public | ||||||
26 | transportation from units of local
government other than |
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1 | the Authority and from the State pursuant to subsection
(i) | ||||||
2 | of Section 2705-305 of the Department of Transportation Law | ||||||
3 | (20 ILCS
2705/2705-305), and all other operating revenues | ||||||
4 | properly included consistent
with generally accepted | ||||||
5 | accounting principles but do not include: the proceeds
of | ||||||
6 | any borrowings, and, beginning with the 2007 fiscal year, | ||||||
7 | all revenues and receipts, including but not limited to | ||||||
8 | fares and grants received from the federal, State or any | ||||||
9 | unit of local government or other entity, derived from | ||||||
10 | providing ADA paratransit service pursuant to Section 2.30 | ||||||
11 | of the Regional Transportation Authority Act. "Costs" | ||||||
12 | include all items properly included as operating
costs | ||||||
13 | consistent with generally accepted accounting principles, | ||||||
14 | including
administrative costs, but do not include: | ||||||
15 | depreciation; payment of principal
and interest on bonds, | ||||||
16 | notes or
other evidences of obligation for borrowed money | ||||||
17 | issued by the Authority;
payments with respect to public | ||||||
18 | transportation facilities made pursuant
to subsection (b) | ||||||
19 | of Section 2.20 of this Act; any payments with respect
to | ||||||
20 | rate protection contracts, credit enhancements or | ||||||
21 | liquidity agreements
made under Section 4.14; any other | ||||||
22 | cost to which it
is reasonably expected that a cash | ||||||
23 | expenditure
will not be made; costs up to $5,000,000 | ||||||
24 | annually for passenger
security including grants, | ||||||
25 | contracts, personnel, equipment and
administrative | ||||||
26 | expenses, except in the case of the Chicago Transit
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1 | Authority, in which case the term does not include costs | ||||||
2 | spent annually by
that entity for protection against crime | ||||||
3 | as required by Section 27a of the
Metropolitan Transit | ||||||
4 | Authority Act; costs as exempted by the Board for
projects | ||||||
5 | pursuant to Section 2.09 of this Act; or, beginning with | ||||||
6 | the 2007 fiscal year, expenses related to providing ADA | ||||||
7 | paratransit service pursuant to Section 2.30 of the | ||||||
8 | Regional Transportation Authority Act; and in fiscal years | ||||||
9 | 2008 through 2017 inclusive, costs in the amount of | ||||||
10 | $200,000,000 in fiscal year 2008, reducing by $20,000,000 | ||||||
11 | in each fiscal year thereafter until this exemption is | ||||||
12 | eliminated; and | ||||||
13 | (ii) that the level of fares charged for ADA | ||||||
14 | paratransit services is sufficient to cause the aggregate | ||||||
15 | of all projected revenues from such fares charged and | ||||||
16 | received in each fiscal year to equal at least 10% of the | ||||||
17 | aggregate costs of providing such ADA paratransit services | ||||||
18 | in fiscal years 2007 and 2008 and at least 12% of the | ||||||
19 | aggregate costs of providing such ADA paratransit services | ||||||
20 | in fiscal years 2009 and thereafter; for purposes of this | ||||||
21 | Act, the percentages in this subsection (b)(ii) shall be | ||||||
22 | referred to as the "system generated ADA paratransit | ||||||
23 | services revenue recovery ratio".
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24 | (c) The actual administrative expenses of the Authority for | ||||||
25 | the fiscal
year commencing January 1, 1985 may not exceed | ||||||
26 | $5,000,000.
The actual administrative expenses of the |
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1 | Authority for the fiscal year
commencing January 1, 1986, and | ||||||
2 | for each fiscal year thereafter shall not
exceed the maximum | ||||||
3 | administrative expenses for the previous fiscal year plus
5%. | ||||||
4 | "Administrative
expenses" are defined for purposes of this | ||||||
5 | Section as all expenses except:
(1) capital expenses and | ||||||
6 | purchases of the Authority on behalf of the Service
Boards; (2) | ||||||
7 | payments to Service Boards; and (3) payment of principal
and | ||||||
8 | interest on bonds, notes or other evidence of obligation for | ||||||
9 | borrowed
money issued by the Authority; (4) costs for passenger | ||||||
10 | security including
grants, contracts, personnel, equipment and | ||||||
11 | administrative expenses; (5)
payments with respect to public | ||||||
12 | transportation facilities made pursuant to
subsection (b) of | ||||||
13 | Section 2.20 of this Act; and (6) any payments with
respect to | ||||||
14 | rate protection contracts, credit enhancements or liquidity
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15 | agreements made pursuant to Section 4.14.
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16 | (d) After withholding 15% of the proceeds of any tax | ||||||
17 | imposed by the
Authority and 15% of money received by the | ||||||
18 | Authority from the Regional
Transportation Authority | ||||||
19 | Occupation and Use Tax Replacement Fund,
the Board shall | ||||||
20 | allocate the proceeds and money remaining to the Service
Boards | ||||||
21 | as follows: (1) an amount equal to 85% of the proceeds of those
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22 | taxes collected within the City of Chicago and 85% of the money | ||||||
23 | received by
the Authority on account of transfers to the | ||||||
24 | Regional Transportation
Authority Occupation and Use Tax | ||||||
25 | Replacement Fund from the County and Mass
Transit District Fund | ||||||
26 | attributable to retail sales within the City of
Chicago shall |
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1 | be allocated to the Chicago Transit
Authority; (2) an amount | ||||||
2 | equal to 85% of the proceeds of those taxes
collected within | ||||||
3 | Cook County outside the City of Chicago and 85% of the
money | ||||||
4 | received by the Authority on account of transfers to the | ||||||
5 | Regional
Transportation Authority Occupation and Use Tax | ||||||
6 | Replacement Fund from the
County and Mass Transit District Fund | ||||||
7 | attributable to retail sales within
Cook County outside of the | ||||||
8 | city of Chicago shall be allocated
30% to the Chicago Transit | ||||||
9 | Authority, 55% to the Commuter Rail Board and
15% to the | ||||||
10 | Suburban Bus Board; and (3) an amount equal to 85% of the
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11 | proceeds of the taxes collected within the Counties of DuPage, | ||||||
12 | Kane, Lake,
McHenry and Will shall be allocated 70% to the | ||||||
13 | Commuter Rail Board and 30%
to the Suburban Bus Board.
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14 | (e) Moneys received by the Authority on account of | ||||||
15 | transfers to the
Regional Transportation Authority Occupation | ||||||
16 | and Use Tax Replacement Fund
from the State and Local Sales Tax | ||||||
17 | Reform Fund shall be
allocated among the Authority and the | ||||||
18 | Service Boards as follows: 15% of
such moneys shall be retained | ||||||
19 | by the Authority and the remaining 85%
shall be transferred to | ||||||
20 | the Service Boards as soon as may be
practicable after the | ||||||
21 | Authority receives payment. Moneys which are
distributable to | ||||||
22 | the Service Boards pursuant to the preceding sentence
shall be | ||||||
23 | allocated among the Service Boards on the basis of each Service
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24 | Board's distribution ratio. The term "distribution ratio" | ||||||
25 | means,
for purposes of this subsection (e) of this Section | ||||||
26 | 4.01, the ratio of
the total amount distributed to a Service |
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1 | Board pursuant to subsection (d)
of Section 4.01 for the | ||||||
2 | immediately preceding calendar year to the total
amount | ||||||
3 | distributed to all of the Service Boards pursuant to subsection | ||||||
4 | (d)
of Section 4.01 for the immediately preceding calendar | ||||||
5 | year.
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6 | (f) To carry out its duties and responsibilities under this | ||||||
7 | Act,
further and accomplish the preparation of the annual | ||||||
8 | budget and
program as well as the Five-Year Program provided | ||||||
9 | for in Section 2.01 of
this Act and to make such interim | ||||||
10 | management decisions as may be
necessary, the Board shall | ||||||
11 | employ staff which shall: (1) propose for adoption by the Board | ||||||
12 | of the Authority rules for the Service Boards that establish | ||||||
13 | (i) forms and schedules to be used and information required to | ||||||
14 | be provided with respect to a Five-Year Capital Program, annual | ||||||
15 | budgets, and two-year financial plans and regular reporting of | ||||||
16 | actual results against adopted budgets and financial plans, | ||||||
17 | (ii) financial practices to be followed in the budgeting and | ||||||
18 | expenditure of public funds, (iii) assumptions and projections | ||||||
19 | that must be followed in preparing and submitting its Annual | ||||||
20 | Budget and Two-Year Financial plan or a Five-Year Capital | ||||||
21 | Program; (2) evaluate for
the Board public transportation | ||||||
22 | programs operated or proposed by
the Service Boards and | ||||||
23 | transportation agencies in terms of the goals and objectives | ||||||
24 | set out in the Strategic Plan
, costs and relative
priorities ; | ||||||
25 | (3)
(2) keep the Board and the public informed of the extent to | ||||||
26 | which the Service Boards and transportation agencies are |
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1 | meeting the goals and objectives adopted by the Authority in | ||||||
2 | the Strategic Plan
public transportation
programs and | ||||||
3 | accomplishments of such transportation agencies ; and (4) | ||||||
4 | assess the efficiency or adequacy of public transportation | ||||||
5 | services provided by a Service Board and make recommendations | ||||||
6 | for change in that service
(3)
coordinate the development and | ||||||
7 | implementation of public transportation
programs to the end | ||||||
8 | that the moneys
monies available to the Authority may be
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9 | expended in the most economical manner possible with the least | ||||||
10 | possible
duplication. | ||||||
11 | (g) All
Under such regulations as the Board may prescribe, | ||||||
12 | all
Service Boards, transportation agencies, comprehensive | ||||||
13 | planning agencies , including the Chicago Metropolitan Agency | ||||||
14 | for Planning, or
transportation planning agencies in the | ||||||
15 | metropolitan region shall
furnish to the Authority
Board such | ||||||
16 | information pertaining to public
transportation or relevant | ||||||
17 | for plans therefor as it may from time to time
require . The | ||||||
18 | Executive Director, or his or her designee , upon payment to any | ||||||
19 | such agency or Service Board of the reasonable
additional cost | ||||||
20 | of its so providing such information except as may
otherwise be | ||||||
21 | provided by agreement with the Authority, and the Board or
any | ||||||
22 | duly authorized employee of the Board shall, for the purpose of
| ||||||
23 | securing any such information necessary or appropriate to carry | ||||||
24 | out any of the powers and responsibilities of the Authority | ||||||
25 | under this Act , have access to, and the right to examine, all
| ||||||
26 | books, documents, papers or records of a Service Board or any |
| |||||||
| |||||||
1 | transportation
such agency receiving funds from the Authority | ||||||
2 | or Service Board , and such Service Board or transportation | ||||||
3 | agency shall comply with any request by the Executive Director, | ||||||
4 | or his or her designee, within 30 days or an extended time | ||||||
5 | provided by the Executive Director
pertaining to public | ||||||
6 | transportation or relevant for plans therefor .
| ||||||
7 | (Source: P.A. 94-370, eff. 7-29-05.)
| ||||||
8 | (70 ILCS 3615/4.02) (from Ch. 111 2/3, par. 704.02)
| ||||||
9 | Sec. 4.02. Federal, State and Other Funds. | ||||||
10 | (a) The Authority shall have the power to apply for, | ||||||
11 | receive and expend
grants, loans or other funds from the State | ||||||
12 | of Illinois or any department
or agency thereof, from any unit | ||||||
13 | of local government, from the federal
government or any | ||||||
14 | department or agency thereof,
for use in connection with any of | ||||||
15 | the powers or purposes of the Authority
as set forth in this | ||||||
16 | Act. The Authority shall have power to make such
studies as may | ||||||
17 | be necessary and to enter into contracts or agreements with
the | ||||||
18 | State of Illinois or any department or agency thereof, with any | ||||||
19 | unit of
local government, or with the federal government or any | ||||||
20 | department or
agency thereof, concerning such grants, loans or
| ||||||
21 | other funds, or any conditions relating thereto, including | ||||||
22 | obligations to
repay such funds. The Authority may make such | ||||||
23 | covenants concerning such
grants, loans and funds as it deems | ||||||
24 | proper and necessary in carrying out
its responsibilities, | ||||||
25 | purposes and powers as provided in this Act.
|
| |||||||
| |||||||
1 | (b) The Authority shall be the primary public body in the | ||||||
2 | metropolitan
region with authority to apply for and receive any | ||||||
3 | grants, loans or other
funds relating to public transportation | ||||||
4 | programs from the State of Illinois
or any department or agency | ||||||
5 | thereof, or from the federal government or any
department or | ||||||
6 | agency thereof. Any unit of local government, Service Board
or | ||||||
7 | transportation agency may apply for and receive any such | ||||||
8 | federal
or state capital grants, loans or other funds, | ||||||
9 | provided, however that a
Service Board may not apply
for or | ||||||
10 | receive any grant or loan which is not identified in the | ||||||
11 | Five-Year Program.
Any Service Board, unit of local government | ||||||
12 | or transportation agency
shall notify the Authority prior to | ||||||
13 | making any such application and shall
file a copy thereof with | ||||||
14 | the Authority. Nothing in this Section shall be
construed to | ||||||
15 | impose any limitation on the ability of the State of Illinois
| ||||||
16 | or any department or agency thereof, any unit of local | ||||||
17 | government or Service
Board or
transportation agency to make | ||||||
18 | any grants or to enter into any agreement or
contract with the | ||||||
19 | National Rail Passenger Corporation. Nor shall anything
in this | ||||||
20 | Section impose any limitation on the ability of any school | ||||||
21 | district
to apply for or receive any grant, loan or other funds | ||||||
22 | for transportation
of school children.
| ||||||
23 | (c) The Authority shall provide to the Service Board any | ||||||
24 | monies received
relating to public transportation services | ||||||
25 | under the jurisdiction of the
Service Boards as provided in | ||||||
26 | Section 4.03.03 of this Act.
follows:
|
| |||||||
| |||||||
1 | (1) As soon as may be practicable after the Authority | ||||||
2 | receives payment,
under Section 4.03(m) or Section | ||||||
3 | 4.03.1(d), of the proceeds of those taxes
levied by the | ||||||
4 | Authority,
the Authority shall transfer to each Service | ||||||
5 | Board the amount to which it
is entitled under Section | ||||||
6 | 4.01(d);
| ||||||
7 | (2) The Authority by ordinance adopted by 9 of its then | ||||||
8 | Directors
shall establish a formula apportioning any | ||||||
9 | federal funds for operating assistance
purposes the | ||||||
10 | Authority receives to each Service Board. In establishing | ||||||
11 | the
formula, the Board shall consider, among other factors: | ||||||
12 | ridership levels,
the efficiency with which the service is | ||||||
13 | provided, the degree of transit
dependence of the area | ||||||
14 | served and the cost of service. That portion of
any federal | ||||||
15 | funds for operating assistance received by the Authority | ||||||
16 | shall
be paid to each Service Board as soon as may be | ||||||
17 | practicable upon their receipt
provided the Authority has | ||||||
18 | adopted a balanced budget as required by Section
4.01 and | ||||||
19 | further provided that the Service Boards are in compliance | ||||||
20 | with
the requirements in Section 4.11.
| ||||||
21 | (3) The Authority by ordinance adopted by 9 of its then | ||||||
22 | Directors shall
apportion to the Service Boards funds | ||||||
23 | provided by the State of Illinois
under Section 4.09 and | ||||||
24 | shall make payment of said funds to each Service
Board as | ||||||
25 | soon as may be practicable upon their receipt provided the | ||||||
26 | Authority
has adopted a balanced budget as required by |
| |||||||
| |||||||
1 | Section 4.01 and further provided
the Service Board is in | ||||||
2 | compliance with the requirements in Section 4.11.
| ||||||
3 | (4) Beginning January 1, 2009, before making any | ||||||
4 | payments, transfers, or expenditures under this subsection | ||||||
5 | to a Service Board, the Authority must first comply with | ||||||
6 | Section 4.02a or 4.02b of this Act, whichever may be | ||||||
7 | applicable.
| ||||||
8 | (Source: P.A. 94-839, eff. 6-6-06; revised 8-3-06.)
| ||||||
9 | (70 ILCS 3615/4.03) (from Ch. 111 2/3, par. 704.03)
| ||||||
10 | Sec. 4.03. Taxes.
| ||||||
11 | (a) In order to carry out any of the powers or
purposes of | ||||||
12 | the Authority, the Board may by ordinance adopted with the
| ||||||
13 | concurrence of 9 of the then Directors, impose throughout the
| ||||||
14 | metropolitan region any or all of the taxes provided in this | ||||||
15 | Section.
Except as otherwise provided in this Act, taxes | ||||||
16 | imposed under this
Section and civil penalties imposed incident | ||||||
17 | thereto shall be collected
and enforced by the State Department | ||||||
18 | of Revenue. The Department shall
have the power to administer | ||||||
19 | and enforce the taxes and to determine all
rights for refunds | ||||||
20 | for erroneous payments of the taxes.
| ||||||
21 | (b) The Board may impose a public transportation tax upon | ||||||
22 | all
persons engaged in the metropolitan region in the business | ||||||
23 | of selling at
retail motor fuel for operation of motor vehicles | ||||||
24 | upon public highways. The
tax shall be at a rate not to exceed | ||||||
25 | 5% of the gross receipts from the sales
of motor fuel in the |
| |||||||
| |||||||
1 | course of the business. As used in this Act, the term
"motor | ||||||
2 | fuel" shall have the same meaning as in the Motor Fuel Tax Law. | ||||||
3 | The Board may provide for details of the tax. The provisions of
| ||||||
4 | any tax shall conform, as closely as may be practicable, to the | ||||||
5 | provisions
of the Municipal Retailers Occupation Tax Act, | ||||||
6 | including without limitation,
conformity to penalties with | ||||||
7 | respect to the tax imposed and as to the powers of
the State | ||||||
8 | Department of Revenue to promulgate and enforce rules and | ||||||
9 | regulations
relating to the administration and enforcement of | ||||||
10 | the provisions of the tax
imposed, except that reference in the | ||||||
11 | Act to any municipality shall refer to
the Authority and the | ||||||
12 | tax shall be imposed only with regard to receipts from
sales of | ||||||
13 | motor fuel in the metropolitan region, at rates as limited by | ||||||
14 | this
Section.
| ||||||
15 | (c) In connection with the tax imposed under paragraph (b) | ||||||
16 | of
this Section the Board may impose a tax upon the privilege | ||||||
17 | of using in
the metropolitan region motor fuel for the | ||||||
18 | operation of a motor vehicle
upon public highways, the tax to | ||||||
19 | be at a rate not in excess of the rate
of tax imposed under | ||||||
20 | paragraph (b) of this Section. The Board may
provide for | ||||||
21 | details of the tax.
| ||||||
22 | (d) The Board may impose a motor vehicle parking tax upon | ||||||
23 | the
privilege of parking motor vehicles at off-street parking | ||||||
24 | facilities in
the metropolitan region at which a fee is | ||||||
25 | charged, and may provide for
reasonable classifications in and | ||||||
26 | exemptions to the tax, for
administration and enforcement |
| |||||||
| |||||||
1 | thereof and for civil penalties and
refunds thereunder and may | ||||||
2 | provide criminal penalties thereunder, the
maximum penalties | ||||||
3 | not to exceed the maximum criminal penalties provided
in the | ||||||
4 | Retailers' Occupation Tax Act. The
Authority may collect and | ||||||
5 | enforce the tax itself or by contract with
any unit of local | ||||||
6 | government. The State Department of Revenue shall have
no | ||||||
7 | responsibility for the collection and enforcement unless the
| ||||||
8 | Department agrees with the Authority to undertake the | ||||||
9 | collection and
enforcement. As used in this paragraph, the term | ||||||
10 | "parking facility"
means a parking area or structure having | ||||||
11 | parking spaces for more than 2
vehicles at which motor vehicles | ||||||
12 | are permitted to park in return for an
hourly, daily, or other | ||||||
13 | periodic fee, whether publicly or privately
owned, but does not | ||||||
14 | include parking spaces on a public street, the use
of which is | ||||||
15 | regulated by parking meters.
| ||||||
16 | (e) The Board may impose a Regional Transportation | ||||||
17 | Authority
Retailers' Occupation Tax upon all persons engaged in | ||||||
18 | the business of
selling tangible personal property at retail in | ||||||
19 | the metropolitan region.
In Cook County the tax rate shall be | ||||||
20 | 1.25%
1% of the gross receipts from sales
of food for human | ||||||
21 | consumption that is to be consumed off the premises
where it is | ||||||
22 | sold (other than alcoholic beverages, soft drinks and food
that | ||||||
23 | has been prepared for immediate consumption) and prescription | ||||||
24 | and
nonprescription medicines, drugs, medical appliances and | ||||||
25 | insulin, urine
testing materials, syringes and needles used by | ||||||
26 | diabetics, and 1%
3/4% of the
gross receipts from other taxable |
| |||||||
| |||||||
1 | sales made in the course of that business.
In DuPage, Kane, | ||||||
2 | Lake, McHenry, and Will Counties, the tax rate shall be 0.75%
| ||||||
3 | 1/4%
of the gross receipts from all taxable sales made in the | ||||||
4 | course of that
business. The tax
imposed under this Section and | ||||||
5 | all civil penalties that may be
assessed as an incident thereof | ||||||
6 | shall be collected and enforced by the
State Department of | ||||||
7 | Revenue. The Department shall have full power to
administer and | ||||||
8 | enforce this Section; to collect all taxes and penalties
so | ||||||
9 | collected in the manner hereinafter provided; and to determine | ||||||
10 | all
rights to credit memoranda arising on account of the | ||||||
11 | erroneous payment
of tax or penalty hereunder. In the | ||||||
12 | administration of, and compliance
with this Section, the | ||||||
13 | Department and persons who are subject to this
Section shall | ||||||
14 | have the same rights, remedies, privileges, immunities,
powers | ||||||
15 | and duties, and be subject to the same conditions, | ||||||
16 | restrictions,
limitations, penalties, exclusions, exemptions | ||||||
17 | and definitions of terms,
and employ the same modes of | ||||||
18 | procedure, as are prescribed in Sections 1,
1a, 1a-1, 1c, 1d, | ||||||
19 | 1e, 1f, 1i, 1j, 2 through 2-65 (in respect to all
provisions | ||||||
20 | therein other than the State rate of tax), 2c, 3 (except as to
| ||||||
21 | the disposition of taxes and penalties collected), 4, 5, 5a, | ||||||
22 | 5b, 5c, 5d,
5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 7, 8, | ||||||
23 | 9, 10, 11, 12 and
13 of the Retailers' Occupation Tax Act and | ||||||
24 | Section 3-7 of the
Uniform Penalty and Interest Act, as fully | ||||||
25 | as if those
provisions were set forth herein.
| ||||||
26 | Persons subject to any tax imposed under the authority |
| |||||||
| |||||||
1 | granted
in this Section may reimburse themselves for their | ||||||
2 | seller's tax
liability hereunder by separately stating the tax | ||||||
3 | as an additional
charge, which charge may be stated in | ||||||
4 | combination in a single amount
with State taxes that sellers | ||||||
5 | are required to collect under the Use
Tax Act, under any | ||||||
6 | bracket schedules the
Department may prescribe.
| ||||||
7 | Whenever the Department determines that a refund should be | ||||||
8 | made under
this Section to a claimant instead of issuing a | ||||||
9 | credit memorandum, the
Department shall notify the State | ||||||
10 | Comptroller, who shall cause the
warrant to be drawn for the | ||||||
11 | amount specified, and to the person named,
in the notification | ||||||
12 | from the Department. The refund shall be paid by
the State | ||||||
13 | Treasurer out of the Regional Transportation Authority tax
fund | ||||||
14 | established under paragraph (n) of this Section.
| ||||||
15 | If a tax is imposed under this subsection (e), a tax shall | ||||||
16 | also
be imposed under subsections (f) and (g) of this Section.
| ||||||
17 | For the purpose of determining whether a tax authorized | ||||||
18 | under this
Section is applicable, a retail sale by a producer | ||||||
19 | of coal or other
mineral mined in Illinois, is a sale at retail | ||||||
20 | at the place where the
coal or other mineral mined in Illinois | ||||||
21 | is extracted from the earth.
This paragraph does not apply to | ||||||
22 | coal or other mineral when it is
delivered or shipped by the | ||||||
23 | seller to the purchaser at a point outside
Illinois so that the | ||||||
24 | sale is exempt under the Federal Constitution as a
sale in | ||||||
25 | interstate or foreign commerce.
| ||||||
26 | No tax shall be imposed or collected under this subsection |
| |||||||
| |||||||
1 | on the sale of a motor vehicle in this State to a resident of | ||||||
2 | another state if that motor vehicle will not be titled in this | ||||||
3 | State.
| ||||||
4 | Nothing in this Section shall be construed to authorize the | ||||||
5 | Regional
Transportation Authority to impose a tax upon the | ||||||
6 | privilege of engaging
in any business that under the | ||||||
7 | Constitution of the United States may
not be made the subject | ||||||
8 | of taxation by this State.
| ||||||
9 | (f) If a tax has been imposed under paragraph (e), a
| ||||||
10 | Regional Transportation Authority Service Occupation
Tax shall
| ||||||
11 | also be imposed upon all persons engaged, in the metropolitan | ||||||
12 | region in
the business of making sales of service, who as an | ||||||
13 | incident to making the sales
of service, transfer tangible | ||||||
14 | personal property within the metropolitan region,
either in the | ||||||
15 | form of tangible personal property or in the form of real | ||||||
16 | estate
as an incident to a sale of service. In Cook County, the | ||||||
17 | tax rate
shall be: (1) 1.25%
1% of the serviceman's cost price | ||||||
18 | of food prepared for
immediate consumption and transferred | ||||||
19 | incident to a sale of service subject
to the service occupation | ||||||
20 | tax by an entity licensed under the Hospital
Licensing Act or | ||||||
21 | the Nursing Home Care Act that is located in the metropolitan
| ||||||
22 | region; (2) 1.25%
1% of the selling price of food for human | ||||||
23 | consumption that is to
be consumed off the premises where it is | ||||||
24 | sold (other than alcoholic
beverages, soft drinks and food that | ||||||
25 | has been prepared for immediate
consumption) and prescription | ||||||
26 | and nonprescription medicines, drugs, medical
appliances and |
| |||||||
| |||||||
1 | insulin, urine testing materials, syringes and needles used
by | ||||||
2 | diabetics; and (3) 1%
3/4% of the selling price from other | ||||||
3 | taxable sales of
tangible personal property transferred. In | ||||||
4 | DuPage, Kane, Lake,
McHenry and Will Counties the rate shall be | ||||||
5 | 0.75%
1/4% of the selling price
of all tangible personal | ||||||
6 | property transferred.
| ||||||
7 | The tax imposed under this paragraph and all civil
| ||||||
8 | penalties that may be assessed as an incident thereof shall be | ||||||
9 | collected
and enforced by the State Department of Revenue. The | ||||||
10 | Department shall
have full power to administer and enforce this | ||||||
11 | paragraph; to collect all
taxes and penalties due hereunder; to | ||||||
12 | dispose of taxes and penalties
collected in the manner | ||||||
13 | hereinafter provided; and to determine all
rights to credit | ||||||
14 | memoranda arising on account of the erroneous payment
of tax or | ||||||
15 | penalty hereunder. In the administration of and compliance
with | ||||||
16 | this paragraph, the Department and persons who are subject to | ||||||
17 | this
paragraph shall have the same rights, remedies, | ||||||
18 | privileges, immunities,
powers and duties, and be subject to | ||||||
19 | the same conditions, restrictions,
limitations, penalties, | ||||||
20 | exclusions, exemptions and definitions of terms,
and employ the | ||||||
21 | same modes of procedure, as are prescribed in Sections 1a-1, 2,
| ||||||
22 | 2a, 3 through 3-50 (in respect to all provisions therein other | ||||||
23 | than the
State rate of tax), 4 (except that the reference to | ||||||
24 | the State shall be to
the Authority), 5, 7, 8 (except that the | ||||||
25 | jurisdiction to which the tax
shall be a debt to the extent | ||||||
26 | indicated in that Section 8 shall be the
Authority), 9 (except |
| |||||||
| |||||||
1 | as to the disposition of taxes and penalties
collected, and | ||||||
2 | except that the returned merchandise credit for this tax may
| ||||||
3 | not be taken against any State tax), 10, 11, 12 (except the | ||||||
4 | reference
therein to Section 2b of the Retailers' Occupation | ||||||
5 | Tax Act), 13 (except
that any reference to the State shall mean | ||||||
6 | the Authority), the first
paragraph of Section 15, 16, 17, 18, | ||||||
7 | 19 and 20 of the Service
Occupation Tax Act and Section 3-7 of | ||||||
8 | the Uniform Penalty and Interest
Act, as fully as if those | ||||||
9 | provisions were set forth herein.
| ||||||
10 | Persons subject to any tax imposed under the authority | ||||||
11 | granted
in this paragraph may reimburse themselves for their | ||||||
12 | serviceman's tax
liability hereunder by separately stating the | ||||||
13 | tax as an additional
charge, that charge may be stated in | ||||||
14 | combination in a single amount
with State tax that servicemen | ||||||
15 | are authorized to collect under the
Service Use Tax Act, under | ||||||
16 | any bracket schedules the
Department may prescribe.
| ||||||
17 | Whenever the Department determines that a refund should be | ||||||
18 | made under
this paragraph to a claimant instead of issuing a | ||||||
19 | credit memorandum, the
Department shall notify the State | ||||||
20 | Comptroller, who shall cause the
warrant to be drawn for the | ||||||
21 | amount specified, and to the person named
in the notification | ||||||
22 | from the Department. The refund shall be paid by
the State | ||||||
23 | Treasurer out of the Regional Transportation Authority tax
fund | ||||||
24 | established under paragraph (n) of this Section.
| ||||||
25 | Nothing in this paragraph shall be construed to authorize | ||||||
26 | the
Authority to impose a tax upon the privilege of engaging in |
| |||||||
| |||||||
1 | any business
that under the Constitution of the United States | ||||||
2 | may not be made the
subject of taxation by the State.
| ||||||
3 | (g) If a tax has been imposed under paragraph (e), a tax | ||||||
4 | shall
also be imposed upon the privilege of using in the | ||||||
5 | metropolitan region,
any item of tangible personal property | ||||||
6 | that is purchased outside the
metropolitan region at retail | ||||||
7 | from a retailer, and that is titled or
registered with an | ||||||
8 | agency of this State's government. In Cook County the
tax rate | ||||||
9 | shall be 1%
3/4% of the selling price of the tangible personal | ||||||
10 | property,
as "selling price" is defined in the Use Tax Act. In | ||||||
11 | DuPage, Kane, Lake,
McHenry and Will counties the tax rate | ||||||
12 | shall be 0.75%
1/4% of the selling price of
the tangible | ||||||
13 | personal property, as "selling price" is defined in the
Use Tax | ||||||
14 | Act. The tax shall be collected from persons whose Illinois
| ||||||
15 | address for titling or registration purposes is given as being | ||||||
16 | in the
metropolitan region. The tax shall be collected by the | ||||||
17 | Department of
Revenue for the Regional Transportation | ||||||
18 | Authority. The tax must be paid
to the State, or an exemption | ||||||
19 | determination must be obtained from the
Department of Revenue, | ||||||
20 | before the title or certificate of registration for
the | ||||||
21 | property may be issued. The tax or proof of exemption may be
| ||||||
22 | transmitted to the Department by way of the State agency with | ||||||
23 | which, or the
State officer with whom, the tangible personal | ||||||
24 | property must be titled or
registered if the Department and the | ||||||
25 | State agency or State officer
determine that this procedure | ||||||
26 | will expedite the processing of applications
for title or |
| |||||||
| |||||||
1 | registration.
| ||||||
2 | The Department shall have full power to administer and | ||||||
3 | enforce this
paragraph; to collect all taxes, penalties and | ||||||
4 | interest due hereunder;
to dispose of taxes, penalties and | ||||||
5 | interest collected in the manner
hereinafter provided; and to | ||||||
6 | determine all rights to credit memoranda or
refunds arising on | ||||||
7 | account of the erroneous payment of tax, penalty or
interest | ||||||
8 | hereunder. In the administration of and compliance with this
| ||||||
9 | paragraph, the Department and persons who are subject to this | ||||||
10 | paragraph
shall have the same rights, remedies, privileges, | ||||||
11 | immunities, powers and
duties, and be subject to the same | ||||||
12 | conditions, restrictions,
limitations, penalties, exclusions, | ||||||
13 | exemptions and definitions of terms
and employ the same modes | ||||||
14 | of procedure, as are prescribed in Sections 2
(except the | ||||||
15 | definition of "retailer maintaining a place of business in this
| ||||||
16 | State"), 3 through 3-80 (except provisions pertaining to the | ||||||
17 | State rate
of tax, and except provisions concerning collection | ||||||
18 | or refunding of the tax
by retailers), 4, 11, 12, 12a, 14, 15, | ||||||
19 | 19 (except the portions pertaining
to claims by retailers and | ||||||
20 | except the last paragraph concerning refunds),
20, 21 and 22 of | ||||||
21 | the Use Tax Act, and are not inconsistent with this
paragraph, | ||||||
22 | as fully as if those provisions were set forth herein.
| ||||||
23 | Whenever the Department determines that a refund should be | ||||||
24 | made under
this paragraph to a claimant instead of issuing a | ||||||
25 | credit memorandum, the
Department shall notify the State | ||||||
26 | Comptroller, who shall cause the order
to be drawn for the |
| |||||||
| |||||||
1 | amount specified, and to the person named in the
notification | ||||||
2 | from the Department. The refund shall be paid by the State
| ||||||
3 | Treasurer out of the Regional Transportation Authority tax fund
| ||||||
4 | established under paragraph (n) of this Section.
| ||||||
5 | (h) The Authority may impose a replacement vehicle tax of | ||||||
6 | $50 on any
passenger car as defined in Section 1-157 of the | ||||||
7 | Illinois Vehicle Code
purchased within the metropolitan region | ||||||
8 | by or on behalf of an
insurance company to replace a passenger | ||||||
9 | car of
an insured person in settlement of a total loss claim. | ||||||
10 | The tax imposed
may not become effective before the first day | ||||||
11 | of the month following the
passage of the ordinance imposing | ||||||
12 | the tax and receipt of a certified copy
of the ordinance by the | ||||||
13 | Department of Revenue. The Department of Revenue
shall collect | ||||||
14 | the tax for the Authority in accordance with Sections 3-2002
| ||||||
15 | and 3-2003 of the Illinois Vehicle Code.
| ||||||
16 | The Department shall immediately pay over to the State | ||||||
17 | Treasurer,
ex officio, as trustee, all taxes collected | ||||||
18 | hereunder. On
or before the 25th day of each calendar month, | ||||||
19 | the Department shall
prepare and certify to the Comptroller the | ||||||
20 | disbursement of stated sums
of money to the Authority. The | ||||||
21 | amount to be paid to the Authority shall be
the amount | ||||||
22 | collected hereunder during the second preceding calendar month
| ||||||
23 | by the Department, less any amount determined by the Department | ||||||
24 | to be
necessary for the payment of refunds. Within 10 days | ||||||
25 | after receipt by the
Comptroller of the disbursement | ||||||
26 | certification to the Authority provided
for in this Section to |
| |||||||
| |||||||
1 | be given to the Comptroller by the Department, the
Comptroller | ||||||
2 | shall cause the orders to be drawn for that amount in
| ||||||
3 | accordance with the directions contained in the certification.
| ||||||
4 | (i) The Board may not impose any other taxes except as it | ||||||
5 | may from
time to time be authorized by law to impose.
| ||||||
6 | (j) A certificate of registration issued by the State | ||||||
7 | Department of
Revenue to a retailer under the Retailers' | ||||||
8 | Occupation Tax Act or under the
Service Occupation Tax Act | ||||||
9 | shall permit the registrant to engage in a
business that is | ||||||
10 | taxed under the tax imposed under paragraphs
(b), (e), (f) or | ||||||
11 | (g) of this Section and no additional registration
shall be | ||||||
12 | required under the tax. A certificate issued under the
Use Tax | ||||||
13 | Act or the Service Use Tax Act shall be applicable with regard | ||||||
14 | to
any tax imposed under paragraph (c) of this Section.
| ||||||
15 | (k) The provisions of any tax imposed under paragraph (c) | ||||||
16 | of
this Section shall conform as closely as may be practicable | ||||||
17 | to the
provisions of the Use Tax Act, including
without | ||||||
18 | limitation conformity as to penalties with respect to the tax
| ||||||
19 | imposed and as to the powers of the State Department of Revenue | ||||||
20 | to
promulgate and enforce rules and regulations relating to the
| ||||||
21 | administration and enforcement of the provisions of the tax | ||||||
22 | imposed.
The taxes shall be imposed only on use within the | ||||||
23 | metropolitan region
and at rates as provided in the paragraph.
| ||||||
24 | (l) The Board in imposing any tax as provided in paragraphs | ||||||
25 | (b)
and (c) of this Section, shall, after seeking the advice of | ||||||
26 | the State
Department of Revenue, provide means for retailers, |
| |||||||
| |||||||
1 | users or purchasers
of motor fuel for purposes other than those | ||||||
2 | with regard to which the
taxes may be imposed as provided in | ||||||
3 | those paragraphs to receive refunds
of taxes improperly paid, | ||||||
4 | which provisions may be at variance with the
refund provisions | ||||||
5 | as applicable under the Municipal Retailers
Occupation Tax Act. | ||||||
6 | The State Department of Revenue may provide for
certificates of | ||||||
7 | registration for users or purchasers of motor fuel for purposes
| ||||||
8 | other than those with regard to which taxes may be imposed as | ||||||
9 | provided in
paragraphs (b) and (c) of this Section to | ||||||
10 | facilitate the reporting and
nontaxability of the exempt sales | ||||||
11 | or uses.
| ||||||
12 | (m) Any ordinance imposing or discontinuing any tax under | ||||||
13 | this Section shall
be adopted and a certified copy thereof | ||||||
14 | filed with the Department on or before
June 1, whereupon the | ||||||
15 | Department of Revenue shall proceed to administer and
enforce | ||||||
16 | this Section on behalf of the Regional Transportation Authority | ||||||
17 | as of
September 1 next following such adoption and filing.
| ||||||
18 | Beginning January 1, 1992, an ordinance or resolution imposing | ||||||
19 | or
discontinuing the tax hereunder shall be adopted and a | ||||||
20 | certified copy
thereof filed with the Department on or before | ||||||
21 | the first day of July,
whereupon the Department shall proceed | ||||||
22 | to administer and enforce this
Section as of the first day of | ||||||
23 | October next following such adoption and
filing. Beginning | ||||||
24 | January 1, 1993, an ordinance or resolution imposing or
| ||||||
25 | discontinuing the tax hereunder shall be adopted and a | ||||||
26 | certified copy
thereof filed with the Department on or before |
| |||||||
| |||||||
1 | the first day of October,
whereupon the Department shall | ||||||
2 | proceed to administer and enforce this
Section as of the first | ||||||
3 | day of January next following such adoption and filing.
| ||||||
4 | (n) The State Department of Revenue shall, upon collecting | ||||||
5 | any taxes
as provided in this Section, pay the taxes over to | ||||||
6 | the State Treasurer
as trustee for the Authority. The taxes | ||||||
7 | shall be held in a trust fund
outside the State Treasury. On or | ||||||
8 | before the 25th day of each calendar
month, the State | ||||||
9 | Department of Revenue shall prepare and certify to the
| ||||||
10 | Comptroller of the State of Illinois the amount to be paid to | ||||||
11 | the
Authority, which shall be the then balance in the fund, | ||||||
12 | less any amount
determined by the Department to be necessary | ||||||
13 | for the payment of refunds.
The State Department of Revenue | ||||||
14 | shall also certify to the Authority the
amount of taxes | ||||||
15 | collected in each County other than Cook County in the
| ||||||
16 | metropolitan region less the amount necessary for the payment | ||||||
17 | of refunds to
taxpayers in the County. With regard to the | ||||||
18 | County of Cook, the
certification shall specify the amount of | ||||||
19 | taxes collected within the City
of Chicago less the amount | ||||||
20 | necessary for the payment of refunds to
taxpayers in the City | ||||||
21 | of Chicago and the amount collected in that portion
of Cook | ||||||
22 | County outside of Chicago less the amount necessary for the | ||||||
23 | payment
of refunds to taxpayers in that portion of Cook County | ||||||
24 | outside of Chicago.
Within 10 days after receipt by the | ||||||
25 | Comptroller of the certification of
the amount to be paid to | ||||||
26 | the Authority, the Comptroller shall cause an
order to be drawn |
| |||||||
| |||||||
1 | for the payment for the amount
in accordance with the direction | ||||||
2 | in the certification.
| ||||||
3 | In addition to the disbursement required by the preceding | ||||||
4 | paragraph, an
allocation shall be made in July 1991 and each | ||||||
5 | year thereafter to the
Regional Transportation Authority. The | ||||||
6 | allocation shall be made in an
amount equal to the average | ||||||
7 | monthly distribution during the preceding
calendar year | ||||||
8 | (excluding the 2 months of lowest receipts) and the
allocation | ||||||
9 | shall include the amount of average monthly distribution from
| ||||||
10 | the Regional Transportation Authority Occupation and Use Tax | ||||||
11 | Replacement
Fund. The distribution made in July 1992 and each | ||||||
12 | year thereafter under
this paragraph and the preceding | ||||||
13 | paragraph shall be reduced by the amount
allocated and | ||||||
14 | disbursed under this paragraph in the preceding calendar
year. | ||||||
15 | The Department of Revenue shall prepare and certify to the
| ||||||
16 | Comptroller for disbursement the allocations made in | ||||||
17 | accordance with this
paragraph.
| ||||||
18 | (o) Failure to adopt a budget ordinance or otherwise to | ||||||
19 | comply with
Section 4.01 of this Act or to adopt a Five-year | ||||||
20 | Program or otherwise to
comply with paragraph (b) of Section | ||||||
21 | 2.01 of this Act shall not affect
the validity of any tax | ||||||
22 | imposed by the Authority otherwise in conformity
with law.
| ||||||
23 | (p) At no time shall a public transportation tax or motor | ||||||
24 | vehicle
parking tax authorized under paragraphs (b), (c) and | ||||||
25 | (d) of this Section
be in effect at the same time as any | ||||||
26 | retailers' occupation, use or
service occupation tax |
| |||||||
| |||||||
1 | authorized under paragraphs (e), (f) and (g) of
this Section is | ||||||
2 | in effect.
| ||||||
3 | Any taxes imposed under the authority provided in | ||||||
4 | paragraphs (b), (c)
and (d) shall remain in effect only until | ||||||
5 | the time as any tax
authorized by paragraphs (e), (f) or (g) of | ||||||
6 | this Section are imposed and
becomes effective. Once any tax | ||||||
7 | authorized by paragraphs (e), (f) or (g)
is imposed the Board | ||||||
8 | may not reimpose taxes as authorized in paragraphs
(b), (c) and | ||||||
9 | (d) of the Section unless any tax authorized by
paragraphs (e), | ||||||
10 | (f) or (g) of this Section becomes ineffective by means
other | ||||||
11 | than an ordinance of the Board.
| ||||||
12 | (q) Any existing rights, remedies and obligations | ||||||
13 | (including
enforcement by the Regional Transportation | ||||||
14 | Authority) arising under any
tax imposed under paragraphs (b), | ||||||
15 | (c) or (d) of this Section shall not
be affected by the | ||||||
16 | imposition of a tax under paragraphs (e), (f) or (g)
of this | ||||||
17 | Section.
| ||||||
18 | (Source: P.A. 92-221, eff. 8-2-01; 92-651, eff. 7-11-02; | ||||||
19 | 93-1068, eff. 1-15-05.)
| ||||||
20 | (70 ILCS 3615/4.03.2 new)
| ||||||
21 | Sec. 4.03.2. Real Estate Transfer Tax. The Board may impose | ||||||
22 | a tax upon the privilege of transferring title to real estate | ||||||
23 | located in the City of Chicago, upon the privilege of | ||||||
24 | transferring a beneficial interest in real estate located in | ||||||
25 | the City of Chicago and upon the privilege of transferring a |
| |||||||
| |||||||
1 | controlling interest in a real estate entity holding real | ||||||
2 | estate in the City of Chicago. The tax may be imposed at a rate | ||||||
3 | up to $1.50 for each $500 of value or fraction thereof of real | ||||||
4 | estate located in the City of Chicago that is subject to the | ||||||
5 | transfer of title, beneficial interest or controlling | ||||||
6 | interest. The tax shall be imposed on the value stated in the | ||||||
7 | declaration required by Section 31-25 of the Property Tax Code. | ||||||
8 | The terms "beneficial interest", "controlling interest" and | ||||||
9 | "real estate entity" have the meaning defined in Article 31 of | ||||||
10 | the Property Tax Code. If, however, the transferring document | ||||||
11 | states that the real estate, beneficial interest or controlling | ||||||
12 | interest in the real estate is transferred subject to a | ||||||
13 | mortgage, the amount of the mortgage remaining outstanding at | ||||||
14 | the time of the transfer shall not be included in the basis of | ||||||
15 | computing the tax. | ||||||
16 | A tax imposed pursuant to this Section shall be collected | ||||||
17 | by the recorder or registrar of titles of the county prior to | ||||||
18 | recording the deed or trust document or registering the title | ||||||
19 | subject to the tax and shall be paid to the Authority within 15 | ||||||
20 | days after the end of each month. Within 5 days after receipt | ||||||
21 | of the proceeds of the tax, the Authority shall certify to the | ||||||
22 | Illinois Department of Revenue the amount it received from the | ||||||
23 | recorder of deeds on account of taxes collected in the previous | ||||||
24 | month. All deeds or trust documents exempted in Section 31-45 | ||||||
25 | of the Property Tax Code shall also be exempt from any tax | ||||||
26 | imposed pursuant to this Section. A tax imposed pursuant to |
| |||||||
| |||||||
1 | this Section shall be in addition to all other occupation and | ||||||
2 | privilege taxes imposed by the State of Illinois or any | ||||||
3 | municipal corporation or political subdivision thereof. A tax | ||||||
4 | imposed under this Section is due if the transfer is made by | ||||||
5 | one or more related transactions or involves one or more | ||||||
6 | persons or entities, regardless of whether a document is | ||||||
7 | recorded.
| ||||||
8 | (70 ILCS 3615/4.03.3 new)
| ||||||
9 | Sec. 4.03.3. Distribution of Revenues. After providing for | ||||||
10 | payment of its obligations with respect to bonds and notes | ||||||
11 | issued under the provisions of Section 4.04 and obligations | ||||||
12 | related to those bonds and notes, the Authority shall disburse | ||||||
13 | the remaining proceeds from taxes it has imposed under this | ||||||
14 | Article IV and the remaining proceeds it has received from the | ||||||
15 | State under Section 4.09(a) as follows: | ||||||
16 | (a) With respect to taxes imposed by the Authority under | ||||||
17 | Section 4.03 after withholding 15% of 80% of the proceeds of | ||||||
18 | those taxes collected in Cook County at a rate of 1.25%, 15% of | ||||||
19 | 75% of the proceeds of those taxes collected in Cook County at | ||||||
20 | the rate of 1%, 15% of one-third of the proceeds of those taxes | ||||||
21 | collected in DuPage, Kane, Lake, McHenry, and Will Counties, | ||||||
22 | and 15% of money received by the Authority from the Regional | ||||||
23 | Transportation Authority Occupation and Use Tax Replacement | ||||||
24 | Fund, the Board shall allocate the proceeds and money remaining | ||||||
25 | to the Service Boards as follows:
|
| |||||||
| |||||||
1 | (1) an amount equal to (i) 85% of 80% of the proceeds | ||||||
2 | of those taxes collected within the City of Chicago at a | ||||||
3 | rate of 1.25%, (ii) 85% of 75% of the proceeds of those | ||||||
4 | taxes collected in the City of Chicago at the rate of 1%, | ||||||
5 | and (iii) 85% of the money received by the Authority on | ||||||
6 | account of transfers to the Regional Transportation | ||||||
7 | Authority Occupation and Use Tax Replacement Fund from the | ||||||
8 | County and Mass Transit District Fund attributable to | ||||||
9 | retail sales within the City of Chicago shall be allocated | ||||||
10 | to the Chicago Transit Authority;
| ||||||
11 | (2) an amount equal to (i) 85% of 80% of the proceeds | ||||||
12 | of those taxes collected within Cook County outside of the | ||||||
13 | City of Chicago at a rate of 1.25%, (ii) 85% of 75% of the | ||||||
14 | proceeds of those taxes collected within Cook County | ||||||
15 | outside the City of Chicago at a rate of 1%, and (iii) 85% | ||||||
16 | of the money received by the Authority on account of | ||||||
17 | transfers to the Regional Transportation Authority | ||||||
18 | Occupation and Use Tax Replacement Fund from the County and | ||||||
19 | Mass Transit District Fund attributable to retail sales | ||||||
20 | within Cook County outside of the City of Chicago shall be | ||||||
21 | allocated 30% to the Chicago Transit Authority, 55% to the | ||||||
22 | Commuter Rail Board, and 15% to the Suburban Bus Board; and
| ||||||
23 | (3) an amount equal to 85% of one-third of the proceeds | ||||||
24 | of the taxes collected within the Counties of DuPage, Kane, | ||||||
25 | Lake, McHenry, and Will shall be allocated 70% to the | ||||||
26 | Commuter Rail Board and 30% to the Suburban Bus Board.
|
| |||||||
| |||||||
1 | (b) Moneys received by the Authority on account of | ||||||
2 | transfers to the Regional Transportation Authority Occupation | ||||||
3 | and Use Tax Replacement Fund from the State and Local Sales Tax | ||||||
4 | Reform Fund shall be allocated among the Authority and the | ||||||
5 | Service Boards as follows: 15% of such moneys shall be retained | ||||||
6 | by the Authority and the remaining 85% shall be transferred to | ||||||
7 | the Service Boards as soon as may be practicable after the | ||||||
8 | Authority receives payment. Moneys which are distributable to | ||||||
9 | the Service Boards pursuant to the preceding sentence shall be | ||||||
10 | allocated among the Service Boards on the basis of each Service | ||||||
11 | Board's distribution ratio. The term "distribution ratio" | ||||||
12 | means, for purposes of this subsection (b), the ratio of the | ||||||
13 | total amount distributed to a Service Board pursuant to | ||||||
14 | subsection (a) of Section 4.03.3 for the immediately preceding | ||||||
15 | calendar year to the total amount distributed to all of the | ||||||
16 | Service Boards pursuant to subsection (a) of Section 4.03.3 for | ||||||
17 | the immediately preceding calendar year.
| ||||||
18 | (c)(i) 100% of the proceeds of those taxes collected in the | ||||||
19 | City of Chicago under Section 4.03.2, (ii) 20% of the proceeds | ||||||
20 | of those taxes collected in Cook County under Section 4.03 at | ||||||
21 | the rate of 1.25%, (iii) 25% of the proceeds of those taxes | ||||||
22 | collected in Cook County under Section 4.03 at the rate of 1%, | ||||||
23 | (iv) one-third of the proceeds of those taxes collected in | ||||||
24 | DuPage, Kane, Lake, McHenry, and Will Counties under Section | ||||||
25 | 4.03, and (v) any remaining amounts received from the State | ||||||
26 | under Section 4.09 (a)(2) and not used by the Authority to fund |
| |||||||
| |||||||
1 | ADA paratransit service under Section 2.30 shall distributed by | ||||||
2 | the Authority as follows: in fiscal year 2008 $30,000,000 and | ||||||
3 | in subsequent fiscal years 103% of the previous year's amount | ||||||
4 | shall be deposited in the Innovation, Coordination, and | ||||||
5 | Enhancement Fund and used by the Authority for the purposes | ||||||
6 | described in Section 2.01c, and the balance shall be | ||||||
7 | distributed 60% to the Chicago Transit Authority, 30% to the | ||||||
8 | Commuter Rail Board, and 10% to the Suburban Bus Board.
| ||||||
9 | (d) One-third of those taxes collected in DuPage, Kane, | ||||||
10 | Lake, McHenry, and Will Counties under Section 4.03 shall be | ||||||
11 | distributed by the Authority to those counties based on | ||||||
12 | collections of the tax within each county. The County Board of | ||||||
13 | each county shall use amounts it receives from the Authority to | ||||||
14 | fund operating and capital costs of public transportation | ||||||
15 | services or facilities or to fund other transportation | ||||||
16 | purposes, including road, bridge, public safety, and transit | ||||||
17 | purposes intended to improve mobility or reduce congestion in | ||||||
18 | the county and to advance the goals and objectives set out in | ||||||
19 | the Strategic Plan of the Authority.
| ||||||
20 | (e) The Authority by ordinance adopted by 9 of its then | ||||||
21 | Directors shall apportion to the Service Boards funds provided | ||||||
22 | by the State of Illinois under Section 4.09(a)(1) as it shall | ||||||
23 | determine and shall make payment of the amounts to each Service | ||||||
24 | Board as soon as may be practicable upon their receipt provided | ||||||
25 | the Authority has adopted a balanced budget as required by | ||||||
26 | Section 4.01 and further provided the Service Board is in |
| |||||||
| |||||||
1 | compliance with the requirements in Section 4.11.
| ||||||
2 | (f) Beginning January 1, 2009, before making any payments, | ||||||
3 | transfers, or expenditures under this Section to a Service | ||||||
4 | Board, the Authority must first comply with Section 4.02a or | ||||||
5 | 4.02b of this Act, whichever may be applicable.
| ||||||
6 | (70 ILCS 3615/4.09) (from Ch. 111 2/3, par. 704.09)
| ||||||
7 | Sec. 4.09. Public Transportation Fund and the Regional | ||||||
8 | Transportation
Authority Occupation and Use Tax Replacement | ||||||
9 | Fund.
| ||||||
10 | (a)(1)
(a) As soon as possible after the first day of each | ||||||
11 | month, beginning
November 1, 1983, the Comptroller shall order | ||||||
12 | transferred and the Treasurer
shall transfer from the General | ||||||
13 | Revenue Fund to a special fund in the State
Treasury, to be | ||||||
14 | known as the "Public Transportation Fund" $9,375,000 for
each | ||||||
15 | month remaining in State fiscal year 1984. As soon as possible | ||||||
16 | after
the first day of each month, beginning July 1, 1984, upon | ||||||
17 | certification of
the Department of Revenue, the Comptroller | ||||||
18 | shall order transferred and the
Treasurer shall transfer from | ||||||
19 | the General Revenue Fund to the Public
Transportation Fund an | ||||||
20 | amount equal to 25% of the net revenue, before the
deduction of | ||||||
21 | the serviceman and retailer discounts pursuant to Section 9 of
| ||||||
22 | the Service Occupation Tax Act and Section 3 of the Retailers' | ||||||
23 | Occupation
Tax Act, realized from (i) 80% of the proceeds of | ||||||
24 | any tax imposed by the Authority at a rate of 1.25% in Cook | ||||||
25 | County, (ii) 75% of the proceeds of any tax imposed by the |
| |||||||
| |||||||
1 | Authority at the rate of 1% in Cook County, and (iii) one-third | ||||||
2 | of the proceeds of any tax imposed by the Authority at the rate | ||||||
3 | of 0.75% in the Counties of DuPage, Kane, Lake, McHenry, and | ||||||
4 | Will 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 | (2) As soon as possible after the first of each month upon | ||||||
19 | certification of the Department of Revenue with respect to the | ||||||
20 | taxes collected under Section 4.03 and the Authority with | ||||||
21 | respect to the taxes collected under Section 4.03.2, the | ||||||
22 | Comptroller shall order transferred and the Treasurer shall | ||||||
23 | transfer from the General Revenue Fund to the Public | ||||||
24 | Transportation Fund an amount equal to 25% of the net revenue, | ||||||
25 | before the deduction of the serviceman and retailer discounts | ||||||
26 | pursuant to Section 9 of the Service Occupation Tax Act and |
| |||||||
| |||||||
1 | Section 3 of the Retailers' Occupation Tax Act, realized from | ||||||
2 | (i) 20% of the proceeds of any tax imposed by the Authority at | ||||||
3 | a rate of 1.25% in Cook County, (ii) 25% of the proceeds of any | ||||||
4 | tax imposed by the Authority at the rate of 1% in Cook County, | ||||||
5 | and (iii) one-third of the proceeds of any tax imposed by the | ||||||
6 | Authority at the rate of 0.75% in the Counties of DuPage, Kane, | ||||||
7 | Lake, McHenry, and Will, all pursuant to Section 4.03, an | ||||||
8 | amount equal to an additional 5% of the net revenue, before the | ||||||
9 | deduction of the serviceman and retailer discounts pursuant to | ||||||
10 | Section 9 of the Service Occupation Tax Act and Section 3 of | ||||||
11 | the Retailers' Occupation Tax Act, realized from any taxes | ||||||
12 | imposed by the Authority under Section 4.03, and an amount | ||||||
13 | equal to 25% of the net revenue realized from any tax imposed | ||||||
14 | by the Authority under Section 4.03.2.
| ||||||
15 | (b)(1) All moneys deposited in the Public Transportation | ||||||
16 | Fund and the
Regional Transportation Authority Occupation and | ||||||
17 | Use Tax Replacement Fund,
whether deposited pursuant to this | ||||||
18 | Section or otherwise, are allocated to
the Authority. Pursuant | ||||||
19 | to appropriation, the Comptroller, as soon as
possible after | ||||||
20 | each monthly transfer provided in this Section and after
each | ||||||
21 | deposit into the Public Transportation Fund, shall order the | ||||||
22 | Treasurer
to pay to the Authority out of the Public | ||||||
23 | Transportation Fund the amount so
transferred or deposited. Of | ||||||
24 | the
Such amounts paid to the Authority , the amounts deposited | ||||||
25 | in the Public Transportation Fund under Section 4.09(a)(1) | ||||||
26 | shall be expended by the Authority pursuant to ordinance as |
| |||||||
| |||||||
1 | provided in Section 4.03.3, the amounts deposited in the Public | ||||||
2 | Transportation Fund under Section 4.09(a)(2) shall be first | ||||||
3 | expended for the costs of ADA paratransit service as provided | ||||||
4 | in Section 2.30 with any remainder expended as described in | ||||||
5 | Section 4.03.3(c), and any other amounts deposited in the | ||||||
6 | Public Transportation Fund and paid to the Authority under this | ||||||
7 | Section may be
expended by it for its purposes as provided in | ||||||
8 | this Act.
| ||||||
9 | Subject to appropriation to the Department of Revenue, the | ||||||
10 | Comptroller,
as soon as possible after each deposit into the | ||||||
11 | Regional Transportation
Authority Occupation and Use Tax | ||||||
12 | Replacement Fund provided in this Section
and Section 6z-17 of | ||||||
13 | the State Finance Act, shall order the Treasurer
to pay to the | ||||||
14 | Authority out of the Regional Transportation Authority
| ||||||
15 | Occupation and Use Tax Replacement Fund the amount so | ||||||
16 | deposited. Such
amounts paid to the Authority may be expended | ||||||
17 | by it for its purposes as
provided in this Act.
| ||||||
18 | (2) Provided, however, no moneys deposited under | ||||||
19 | subsection (a)
of this Section shall be paid from the Public | ||||||
20 | Transportation
Fund to the Authority or its assignee for any | ||||||
21 | fiscal year beginning after
the effective
date of this | ||||||
22 | amendatory Act of 1983 until the Authority has certified to
the | ||||||
23 | Governor, the Comptroller, and the Mayor of the City of Chicago | ||||||
24 | that it
has adopted for that fiscal year an Annual Budget and | ||||||
25 | Two-Year Financial Plan
a budget and financial plan meeting the
| ||||||
26 | requirements in Section 4.01(b).
|
| ||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||
1 | (c) In recognition of the efforts of the Authority to | |||||||||||||||||||||||||||||||||||||||||
2 | enhance the mass
transportation facilities under its control, | |||||||||||||||||||||||||||||||||||||||||
3 | the State shall provide
financial assistance ("Additional | |||||||||||||||||||||||||||||||||||||||||
4 | State Assistance") in excess of the
amounts transferred to the | |||||||||||||||||||||||||||||||||||||||||
5 | Authority from the General Revenue Fund under
subsection (a) of | |||||||||||||||||||||||||||||||||||||||||
6 | this Section. Additional State Assistance shall be
calculated | |||||||||||||||||||||||||||||||||||||||||
7 | as provided in
subsection (d), but shall in no event exceed the | |||||||||||||||||||||||||||||||||||||||||
8 | following
specified amounts with respect to the following State | |||||||||||||||||||||||||||||||||||||||||
9 | fiscal years:
| |||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||
20 | (c-5) The State shall provide financial assistance | |||||||||||||||||||||||||||||||||||||||||
21 | ("Additional Financial
Assistance") in addition to the | |||||||||||||||||||||||||||||||||||||||||
22 | Additional State Assistance provided by
subsection (c) and the | |||||||||||||||||||||||||||||||||||||||||
23 | amounts transferred to the Authority from the General
Revenue | |||||||||||||||||||||||||||||||||||||||||
24 | Fund under subsection (a) of this Section. Additional Financial
| |||||||||||||||||||||||||||||||||||||||||
25 | Assistance provided by this subsection shall be calculated as | |||||||||||||||||||||||||||||||||||||||||
26 | provided in
subsection (d), but shall in no event exceed the |
| ||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||
1 | following specified amounts
with respect to the following State | |||||||||||||||||||||||||||||
2 | fiscal years:
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| ||||||||||||||||||||||||||||||
10 | (d) Beginning with State fiscal year 1990 and continuing | |||||||||||||||||||||||||||||
11 | for each
State fiscal year thereafter, the Authority shall | |||||||||||||||||||||||||||||
12 | annually certify to the
State Comptroller and State Treasurer, | |||||||||||||||||||||||||||||
13 | separately with respect to each of
subdivisions (g)(2) and | |||||||||||||||||||||||||||||
14 | (g)(3) of Section 4.04 of this Act, the following
amounts:
| |||||||||||||||||||||||||||||
15 | (1) The amount necessary and required, during the State | |||||||||||||||||||||||||||||
16 | fiscal year with
respect to which the certification is | |||||||||||||||||||||||||||||
17 | made, to pay its obligations for debt
service on all | |||||||||||||||||||||||||||||
18 | outstanding bonds or notes issued by the Authority under | |||||||||||||||||||||||||||||
19 | subdivisions (g)(2) and (g)(3) of
Section 4.04 of this Act.
| |||||||||||||||||||||||||||||
20 | (2) An estimate of the amount necessary and required to | |||||||||||||||||||||||||||||
21 | pay its
obligations for debt service for any bonds or notes | |||||||||||||||||||||||||||||
22 | which the Authority anticipates it
will issue under | |||||||||||||||||||||||||||||
23 | subdivisions (g)(2) and (g)(3) of Section 4.04 during
that | |||||||||||||||||||||||||||||
24 | State fiscal year.
| |||||||||||||||||||||||||||||
25 | (3) Its debt service savings during the preceding State | |||||||||||||||||||||||||||||
26 | fiscal year
from refunding or advance refunding of bonds or |
| |||||||
| |||||||
1 | notes issued under subdivisions
(g)(2) and (g)(3) of | ||||||
2 | Section 4.04.
| ||||||
3 | (4) The amount of interest, if any, earned by the | ||||||
4 | Authority during the
previous State fiscal year on the | ||||||
5 | proceeds of bonds or notes issued pursuant to
subdivisions | ||||||
6 | (g)(2) and (g)(3) of Section 4.04, other than refunding or | ||||||
7 | advance
refunding bonds or notes.
| ||||||
8 | The certification shall include a specific
schedule of debt | ||||||
9 | service payments, including the date and amount of each
payment | ||||||
10 | for all outstanding bonds or notes and an estimated schedule of
| ||||||
11 | anticipated debt service for all bonds and notes it intends to | ||||||
12 | issue, if any,
during that State fiscal year, including the | ||||||
13 | estimated date and estimated
amount of each payment.
| ||||||
14 | Immediately upon the issuance of bonds for which an | ||||||
15 | estimated schedule
of debt service payments was prepared, the | ||||||
16 | Authority shall file an amended
certification with respect to | ||||||
17 | item (2) above, to specify the actual
schedule of debt service | ||||||
18 | payments, including the date and amount of each
payment, for | ||||||
19 | the remainder of the State fiscal year.
| ||||||
20 | On the first day of each month of the
State fiscal year in | ||||||
21 | which there are bonds outstanding with respect to which
the | ||||||
22 | certification is made, the State Comptroller shall order | ||||||
23 | transferred and
the State Treasurer shall transfer from the | ||||||
24 | General Revenue Fund to the
Public Transportation Fund the | ||||||
25 | Additional State Assistance and Additional
Financial | ||||||
26 | Assistance in an amount equal to the aggregate of
(i) |
| |||||||
| |||||||
1 | one-twelfth of the sum of the amounts certified under items
(1) | ||||||
2 | and (3) above less the amount certified under item (4) above, | ||||||
3 | plus
(ii)
the amount required to pay debt service on bonds and | ||||||
4 | notes
issued during the fiscal year, if any, divided by the | ||||||
5 | number of months
remaining in the fiscal year after the date of | ||||||
6 | issuance, or some smaller
portion as may be necessary under | ||||||
7 | subsection (c)
or (c-5) of this Section for the relevant State | ||||||
8 | fiscal year, plus
(iii) any cumulative deficiencies in | ||||||
9 | transfers for prior months,
until an amount equal to the
sum of | ||||||
10 | the amounts certified under items (1) and (3) above,
plus the | ||||||
11 | actual debt service certified under item (2) above,
less the | ||||||
12 | amount certified under item (4) above,
has been transferred; | ||||||
13 | except that these transfers are subject to the
following | ||||||
14 | limits:
| ||||||
15 | (A) In no event shall the total transfers in any State | ||||||
16 | fiscal
year relating to outstanding bonds and notes issued | ||||||
17 | by the Authority under
subdivision (g)(2) of Section 4.04 | ||||||
18 | exceed the lesser of the annual maximum
amount specified in | ||||||
19 | subsection (c) or the sum of the amounts
certified under | ||||||
20 | items (1) and (3) above,
plus the actual debt service | ||||||
21 | certified under item (2) above,
less the amount certified | ||||||
22 | under item
(4) above, with respect to those bonds and | ||||||
23 | notes.
| ||||||
24 | (B) In no event shall the total transfers in any State | ||||||
25 | fiscal year
relating to outstanding bonds and notes issued | ||||||
26 | by the Authority under
subdivision (g)(3) of Section 4.04 |
| |||||||
| |||||||
1 | exceed the lesser of the annual maximum
amount specified in | ||||||
2 | subsection (c-5) or the sum of the amounts certified under
| ||||||
3 | items (1) and (3) above,
plus the actual debt service | ||||||
4 | certified under item (2) above,
less the amount certified | ||||||
5 | under item (4) above, with
respect to those bonds and | ||||||
6 | notes.
| ||||||
7 | The term "outstanding" does not include bonds or notes for | ||||||
8 | which
refunding or advance refunding bonds or notes have been | ||||||
9 | issued.
| ||||||
10 | (e) Neither Additional State Assistance nor Additional | ||||||
11 | Financial
Assistance may be pledged, either directly or
| ||||||
12 | indirectly as general revenues of the Authority, as security | ||||||
13 | for any bonds
issued by the Authority. The Authority may not | ||||||
14 | assign its right to receive
Additional State Assistance or | ||||||
15 | Additional Financial Assistance, or direct
payment of | ||||||
16 | Additional State
Assistance or Additional Financial | ||||||
17 | Assistance, to a trustee or any other
entity for the
payment of | ||||||
18 | debt service
on its bonds.
| ||||||
19 | (f) The certification required under subsection (d) with | ||||||
20 | respect to
outstanding bonds and notes of the Authority shall | ||||||
21 | be
filed as early as practicable before the beginning of the | ||||||
22 | State fiscal
year to which it relates. The certification shall | ||||||
23 | be revised as may be
necessary to accurately state the debt | ||||||
24 | service requirements of the Authority.
| ||||||
25 | (g) Within 6 months of the end of the 3 month period ending | ||||||
26 | December 31,
1983, and each fiscal year thereafter , the |
| |||||||
| |||||||
1 | Authority shall determine: | ||||||
2 | (i) whether
the aggregate of all system generated | ||||||
3 | revenues for public transportation
in the metropolitan | ||||||
4 | region which is provided by, or under grant or purchase
of | ||||||
5 | service contracts with, the Service Boards equals 50% of | ||||||
6 | the aggregate
of all costs of providing such public | ||||||
7 | transportation. "System generated
revenues" include all | ||||||
8 | the proceeds of fares and charges for services provided,
| ||||||
9 | contributions received in connection with public | ||||||
10 | transportation from units
of local government other than | ||||||
11 | the Authority and from the State pursuant
to subsection (i) | ||||||
12 | of Section 2705-305 of the Department of Transportation Law
| ||||||
13 | (20 ILCS 2705/2705-305), and all other revenues properly | ||||||
14 | included consistent
with generally accepted accounting | ||||||
15 | principles but may not include: the proceeds
from any | ||||||
16 | borrowing, and, beginning with the 2007 fiscal year, all | ||||||
17 | revenues and receipts, including but not limited to fares | ||||||
18 | and grants received from the federal, State or any unit of | ||||||
19 | local government or other entity, derived from providing | ||||||
20 | ADA paratransit service pursuant to Section 2.30 of the | ||||||
21 | Regional Transportation Authority Act. "Costs" include all | ||||||
22 | items properly included as
operating costs consistent with | ||||||
23 | generally accepted accounting principles,
including | ||||||
24 | administrative costs, but do not include: depreciation; | ||||||
25 | payment
of principal and interest on bonds, notes or other | ||||||
26 | evidences of obligations
for borrowed money of the |
| |||||||
| |||||||
1 | Authority; payments with respect to public
transportation | ||||||
2 | facilities made pursuant to subsection (b) of Section 2.20;
| ||||||
3 | any payments with respect to rate protection contracts, | ||||||
4 | credit
enhancements or liquidity agreements made under | ||||||
5 | Section 4.14; any other
cost as to which it is reasonably | ||||||
6 | expected that a cash
expenditure will not be made; costs up | ||||||
7 | to $5,000,000 annually for passenger
security including | ||||||
8 | grants, contracts, personnel, equipment and
administrative | ||||||
9 | expenses, except in the case of the Chicago Transit
| ||||||
10 | Authority, in which case the term does not include costs | ||||||
11 | spent annually by
that entity for protection against crime | ||||||
12 | as required by Section 27a of the
Metropolitan Transit | ||||||
13 | Authority Act; costs as exempted by the Board for
projects | ||||||
14 | pursuant to Section 2.09 of this Act; or, beginning with | ||||||
15 | the 2007 fiscal year, expenses related to providing ADA | ||||||
16 | paratransit service pursuant to Section 2.30 of the | ||||||
17 | Regional Transportation Authority Act ; or in fiscal years | ||||||
18 | 2008 through 2017 inclusive, costs in the amount of | ||||||
19 | $200,000,000 in fiscal year 2008, reducing by $20,000,000 | ||||||
20 | in each fiscal year thereafter until this exemption is | ||||||
21 | eliminated . If said system generated
revenues are less than | ||||||
22 | 50% of said costs, the Board shall remit an amount
equal to | ||||||
23 | the amount of the deficit to the State. The Treasurer shall
| ||||||
24 | deposit any such payment in the General Revenue Fund; and
| ||||||
25 | (ii) whether, beginning with the 2007 fiscal year, the | ||||||
26 | aggregate of all fares charged and received for ADA |
| |||||||
| |||||||
1 | paratransit services equals the system generated ADA | ||||||
2 | paratransit services revenue recovery ratio percentage of | ||||||
3 | the aggregate of all costs of providing such ADA | ||||||
4 | paratransit services.
| ||||||
5 | (h) If the Authority makes any payment to the State under | ||||||
6 | paragraph (g),
the Authority shall reduce the amount provided | ||||||
7 | to a Service Board from funds
transferred under paragraph (a) | ||||||
8 | in proportion to the amount by which
that Service Board failed | ||||||
9 | to meet its required system generated revenues
recovery ratio. | ||||||
10 | A Service Board which is affected by a reduction in funds
under | ||||||
11 | this paragraph shall submit to the Authority concurrently with | ||||||
12 | its
next due quarterly report a revised budget incorporating | ||||||
13 | the reduction in
funds. The revised budget must meet the | ||||||
14 | criteria specified in clauses (i)
through (vi) of Section | ||||||
15 | 4.11(b)(2). The Board shall review and act on the
revised | ||||||
16 | budget as provided in Section 4.11(b)(3).
| ||||||
17 | (Source: P.A. 94-370, eff. 7-29-05.)"; and
| ||||||
18 | on page 59, line 12, after "them.", by inserting " During fiscal | ||||||
19 | years 2008 through 2017, the Board shall also allocate the | ||||||
20 | exemption of $200,000,000 and the reducing amounts of costs | ||||||
21 | provided by this amendatory Act of the 95th General Assembly | ||||||
22 | from the farebox recovery ratio or system generated revenues | ||||||
23 | recovery ratio of each Service Board. ".
|