Sen. Dan Kotowski
Filed: 5/1/2012
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1 | AMENDMENT TO HOUSE BILL 4036
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2 | AMENDMENT NO. ______. Amend House Bill 4036 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Regional Transportation Authority Act is | ||||||
5 | amended by changing Sections 2.01a, 2.01b, 3A.09, 4.02, and | ||||||
6 | 4.11 as follows: | ||||||
7 | (70 ILCS 3615/2.01a) | ||||||
8 | Sec. 2.01a. Strategic Plan. | ||||||
9 | (a) By the affirmative vote of at least 12 of its then | ||||||
10 | Directors, the Authority shall adopt a Strategic Plan, no less | ||||||
11 | than every 5 years, after consultation with the Service Boards | ||||||
12 | and after holding a minimum of 3 public hearings in Cook County | ||||||
13 | and one public hearing in each of the other counties in the | ||||||
14 | region. The Executive Director of the Authority shall review | ||||||
15 | the Strategic Plan on an ongoing basis and make recommendations | ||||||
16 | to the Board of the Authority with respect to any update or |
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1 | amendment of the Strategic Plan. The Strategic Plan shall | ||||||
2 | describe the specific actions to be taken by the Authority and | ||||||
3 | the Service Boards to provide adequate, efficient, and | ||||||
4 | coordinated public transportation. | ||||||
5 | (b) The Strategic Plan shall identify goals and objectives | ||||||
6 | with respect to:
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7 | (i) increasing ridership and passenger miles on public | ||||||
8 | transportation funded by the Authority;
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9 | (ii) coordination of public transportation services | ||||||
10 | and the investment in public transportation facilities to | ||||||
11 | enhance the integration of public transportation | ||||||
12 | throughout the metropolitan region;
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13 | (iii) coordination of fare and transfer policies to | ||||||
14 | promote transfers by riders among Service Boards, | ||||||
15 | transportation agencies, and public transportation modes, | ||||||
16 | which may include goals and objectives for development of a | ||||||
17 | universal fare instrument that riders may use | ||||||
18 | interchangeably on all public transportation funded by the | ||||||
19 | Authority, and methods to be used to allocate revenues from | ||||||
20 | transfers;
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21 | (iv) improvements in public transportation facilities | ||||||
22 | to bring those facilities into a state of good repair, | ||||||
23 | enhancements that attract ridership and improve customer | ||||||
24 | service, and expansions needed to serve areas with | ||||||
25 | sufficient demand for public transportation;
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26 | (v) access for transit-dependent populations, |
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1 | including access by low-income communities to places of | ||||||
2 | employment, utilizing analyses provided by the Chicago | ||||||
3 | Metropolitan Agency for Planning regarding employment and | ||||||
4 | transportation availability, and giving consideration to | ||||||
5 | the location of employment centers in each county and the | ||||||
6 | availability of public transportation at off-peak hours | ||||||
7 | and on weekends;
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8 | (vi) the financial viability of the public | ||||||
9 | transportation system, including both operating and | ||||||
10 | capital programs;
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11 | (vii) limiting road congestion within the metropolitan | ||||||
12 | region and enhancing transit options to improve mobility; | ||||||
13 | and
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14 | (viii) such other goals and objectives that advance the | ||||||
15 | policy of the State to provide adequate, efficient, and | ||||||
16 | coordinated public transportation in the metropolitan | ||||||
17 | region.
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18 | (c) The Strategic Plan shall establish the process and | ||||||
19 | criteria by which proposals for capital improvements by a | ||||||
20 | Service Board or a transportation agency will be evaluated by | ||||||
21 | the Authority for inclusion in the Five-Year Capital Program, | ||||||
22 | which may include criteria for:
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23 | (i) allocating funds among maintenance, enhancement, | ||||||
24 | and expansion improvements;
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25 | (ii) projects to be funded from the Innovation, | ||||||
26 | Coordination, and Enhancement Fund;
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1 | (iii) projects intended to improve or enhance | ||||||
2 | ridership or customer service;
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3 | (iv) design and location of station or transit | ||||||
4 | improvements intended to promote transfers, increase | ||||||
5 | ridership, and support transit-oriented land development;
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6 | (v) assessing the impact of projects on the ability to | ||||||
7 | operate and maintain the existing transit system; and
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8 | (vi) other criteria that advance the goals and | ||||||
9 | objectives of the Strategic Plan.
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10 | (d) The Strategic Plan shall establish performance | ||||||
11 | standards and measurements regarding the adequacy, efficiency, | ||||||
12 | and coordination of public transportation services in the | ||||||
13 | region and the implementation of the goals and objectives in | ||||||
14 | the Strategic Plan. At a minimum, such standards and measures | ||||||
15 | shall include customer-related performance data measured by | ||||||
16 | line, route, or sub-region, as determined by the Authority, on | ||||||
17 | the following:
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18 | (i) travel times and on-time performance;
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19 | (ii) ridership data;
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20 | (iii) equipment failure rates;
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21 | (iv) employee and customer safety; and
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22 | (v) customer satisfaction.
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23 | The Service Boards and transportation agencies that | ||||||
24 | receive funding from the Authority or Service Boards shall | ||||||
25 | prepare, publish, and submit to the Authority such reports with | ||||||
26 | regard to these standards and measurements in the frequency and |
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1 | form required by the Authority; however, the frequency of such | ||||||
2 | reporting shall be no less than annual. The Service Boards | ||||||
3 | shall publish such reports on their respective websites. The | ||||||
4 | Authority shall compile and publish such reports on its | ||||||
5 | website. Such performance standards and measures shall not be | ||||||
6 | used as the basis for disciplinary action against any employee | ||||||
7 | of the Authority or Service Boards, except to the extent the | ||||||
8 | employment and disciplinary practices of the Authority or | ||||||
9 | Service Board provide for such action.
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10 | (e) The Strategic Plan shall identify innovations to | ||||||
11 | improve the delivery of public transportation and the | ||||||
12 | construction of public transportation facilities.
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13 | (f) The Strategic Plan shall describe the expected | ||||||
14 | financial condition of public transportation in the | ||||||
15 | metropolitan region prospectively over a 10-year period, which | ||||||
16 | may include information about the cash position and all known | ||||||
17 | obligations of the Authority and the Service Boards including | ||||||
18 | operating expenditures, debt service, contributions for | ||||||
19 | payment of pension and other post-employment benefits, the | ||||||
20 | expected revenues from fares, tax receipts, grants from the | ||||||
21 | federal, State, and local governments for operating and capital | ||||||
22 | purposes and issuance of debt, the availability of working | ||||||
23 | capital, and the resources needed to achieve the goals and | ||||||
24 | objectives described in the Strategic Plan.
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25 | (g) In developing the Strategic Plan, the Authority shall | ||||||
26 | rely on such demographic and other data, forecasts, and |
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1 | assumptions developed by the Chicago Metropolitan Agency for | ||||||
2 | Planning with respect to the patterns of population density and | ||||||
3 | growth, projected commercial and residential development, and | ||||||
4 | environmental factors, within the metropolitan region and in | ||||||
5 | areas outside the metropolitan region that may impact public | ||||||
6 | transportation utilization in the metropolitan region. Before | ||||||
7 | adopting or amending any Strategic Plan, the Authority shall | ||||||
8 | consult with the Chicago Metropolitan Agency for Planning | ||||||
9 | regarding the consistency of the Strategic Plan with the | ||||||
10 | Regional Comprehensive Plan adopted pursuant to the Regional | ||||||
11 | Planning Act.
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12 | (h) The Authority may adopt, by the affirmative vote of at | ||||||
13 | least 12 of its then Directors, sub-regional or corridor plans | ||||||
14 | for specific geographic areas of the metropolitan region in | ||||||
15 | order to improve the adequacy, efficiency, and coordination of | ||||||
16 | existing, or the delivery of new, public transportation. Such | ||||||
17 | plans may also address areas outside the metropolitan region | ||||||
18 | that may impact public transportation utilization in the | ||||||
19 | metropolitan region. In preparing a sub-regional or corridor | ||||||
20 | plan, the Authority may identify changes in operating practices | ||||||
21 | or capital investment in the sub-region or corridor that could | ||||||
22 | increase ridership, reduce costs, improve coordination, or | ||||||
23 | enhance transit-oriented development. The Authority shall | ||||||
24 | consult with any affected Service Boards in the preparation of | ||||||
25 | any sub-regional or corridor plans.
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26 | (i) If the Authority determines, by the affirmative vote of |
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1 | at least 12 of its then Directors, that, with respect to any | ||||||
2 | proposed new public transportation service or facility, (i) | ||||||
3 | multiple Service Boards or transportation agencies are | ||||||
4 | potential service providers and (ii) the public transportation | ||||||
5 | facilities to be constructed or purchased to provide that | ||||||
6 | service have an expected construction cost of more than | ||||||
7 | $25,000,000, the Authority shall have sole responsibility for | ||||||
8 | conducting any alternatives analysis and preliminary | ||||||
9 | environmental assessment required by federal or State law. | ||||||
10 | Nothing in this subparagraph (i) shall prohibit a Service Board | ||||||
11 | from undertaking alternatives analysis and preliminary | ||||||
12 | environmental assessment for any public transportation service | ||||||
13 | or facility identified in items (i) and (ii) above that is | ||||||
14 | included in the Five-Year Capital Program as of the effective | ||||||
15 | date of this amendatory Act of the 95th General Assembly; | ||||||
16 | however, any expenditure related to any such public | ||||||
17 | transportation service or facility must be included in a | ||||||
18 | Five-Year Capital Program under the requirements of Sections | ||||||
19 | 2.01b and 4.02 of this Act.
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20 | (j) Nothing in this Section shall be construed to impose | ||||||
21 | any limitation on the Chicago Transit Authority's borrowing | ||||||
22 | authority pursuant to Section 12 of the Metropolitan Transit | ||||||
23 | Authority Act. | ||||||
24 | (Source: P.A. 95-708, eff. 1-18-08.) | ||||||
25 | (70 ILCS 3615/2.01b)
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1 | Sec. 2.01b. The Five-Year Capital Program. By the | ||||||
2 | affirmative vote of at least 12 of its then Directors, the | ||||||
3 | Authority, after consultation with the Service Boards and after | ||||||
4 | holding a minimum of 3 public hearings in Cook County and one | ||||||
5 | public hearing in each of the other counties in the | ||||||
6 | metropolitan region, shall each year adopt a Five-Year Capital | ||||||
7 | Program that shall include each capital improvement to be | ||||||
8 | undertaken by or on behalf of a Service Board provided that the | ||||||
9 | Authority finds that the improvement meets any criteria for | ||||||
10 | capital improvements contained in the Strategic Plan, is not | ||||||
11 | inconsistent with any sub-regional or corridor plan adopted by | ||||||
12 | the Authority, and can be funded within amounts available with | ||||||
13 | respect to the capital and operating costs of such improvement. | ||||||
14 | In reviewing proposals for improvements to be included in a | ||||||
15 | Five-Year Capital Program, the Authority may give priority to | ||||||
16 | improvements that are intended to bring public transportation | ||||||
17 | facilities into a state of good repair. The Five-Year Capital | ||||||
18 | Program shall also identify capital improvements to be | ||||||
19 | undertaken by a Service Board, a transportation agency, or a | ||||||
20 | unit of local government and funded by the Authority from | ||||||
21 | amounts in the Innovation, Coordination, and Enhancement Fund, | ||||||
22 | provided that no improvement that is included in the Five-Year | ||||||
23 | Capital Program as of the effective date of this amendatory Act | ||||||
24 | of the 95th General Assembly may receive funding from the | ||||||
25 | Innovation, Coordination, and Enhancement Fund. Before | ||||||
26 | adopting a Five-Year Capital Program, the Authority shall |
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1 | consult with the Chicago Metropolitan Agency for Planning | ||||||
2 | regarding the consistency of the Five-Year Capital Program with | ||||||
3 | the Regional Comprehensive Plan adopted pursuant to the | ||||||
4 | Regional Planning Act.
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5 | Nothing in this Section shall be construed to impose any | ||||||
6 | limitation on the Chicago Transit Authority's borrowing | ||||||
7 | authority pursuant to Section 12 of the Metropolitan Transit | ||||||
8 | Authority Act. | ||||||
9 | (Source: P.A. 95-708, eff. 1-18-08.)
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10 | (70 ILCS 3615/3A.09) (from Ch. 111 2/3, par. 703A.09)
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11 | Sec. 3A.09. General Powers. In addition to any powers | ||||||
12 | elsewhere provided
to the Suburban Bus Board, it shall have all | ||||||
13 | of the powers specified in
Section 2.20 of this Act except for | ||||||
14 | the powers specified in Section 2.20(a)(v). The Board shall | ||||||
15 | also have the power:
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16 | (a) to cooperate with the Regional Transportation | ||||||
17 | Authority in the
exercise by the Regional Transportation | ||||||
18 | Authority of all the powers granted
it by such Act;
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19 | (b) to receive funds from the Regional Transportation | ||||||
20 | Authority pursuant
to Sections 2.02, 4.01, 4.02, 4.09 and | ||||||
21 | 4.10 of the Regional Transportation
Authority Act, all as | ||||||
22 | provided in the Regional Transportation Authority Act;
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23 | (c) to receive financial grants from the Regional | ||||||
24 | Transportation
Authority or a Service Board, as defined in | ||||||
25 | the Regional Transportation
Authority Act, upon such terms |
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1 | and conditions as shall be set forth in a
grant contract | ||||||
2 | between either the Division and the Regional | ||||||
3 | Transportation
Authority or the Division and another | ||||||
4 | Service Board, which contract or
agreement may be for such | ||||||
5 | number of years or duration as the parties agree,
all as | ||||||
6 | provided in the Regional Transportation Authority Act; and | ||||||
7 | (d) to perform all functions necessary for the | ||||||
8 | provision of paratransit services under Section 2.30 of | ||||||
9 | this Act ; and .
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10 | (e) to borrow money for the purposes of: (i) | ||||||
11 | constructing a new garage in the northwestern Cook County | ||||||
12 | suburbs at an estimated cost of $60,000,000, (ii) | ||||||
13 | converting the South Cook garage in Markham to a Compressed | ||||||
14 | Natural Gas facility at an estimated cost of $12,000,000, | ||||||
15 | (iii) constructing a new paratransit garage in DuPage | ||||||
16 | County at an estimated cost of $25,000,000, and (iv) | ||||||
17 | expanding the North Shore garage in Evanston to accommodate | ||||||
18 | additional indoor bus parking at an estimated cost of | ||||||
19 | $3,000,000. For the purpose of evidencing the obligation of | ||||||
20 | the Suburban Bus Board to repay any money borrowed as | ||||||
21 | provided in this subsection, the Suburban Bus Board may | ||||||
22 | issue revenue bonds from time to time pursuant to ordinance | ||||||
23 | adopted by the Suburban Bus Board; provided that the | ||||||
24 | Suburban Bus Board may not issue bonds for the purpose of | ||||||
25 | financing the acquisition, construction, or improvement of | ||||||
26 | any facility other than those listed in this subsection |
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1 | (e). All such bonds shall be payable solely from the | ||||||
2 | revenues or income or any other funds that the Suburban Bus | ||||||
3 | Board may receive, provided that the Suburban Bus Board may | ||||||
4 | not pledge as security for such bonds the moneys, if any, | ||||||
5 | that the Suburban Bus Board receives from the Regional | ||||||
6 | Transportation Authority pursuant to Section 4.03.3(f) of | ||||||
7 | the Regional Transportation Authority Act. The bonds shall | ||||||
8 | bear interest at a rate not to exceed the maximum rate | ||||||
9 | authorized by the Bond Authorization Act and shall mature | ||||||
10 | at such time or times not exceeding 25 years from their | ||||||
11 | respective dates. Bonds issued pursuant to this paragraph | ||||||
12 | must be issued with scheduled principal or mandatory | ||||||
13 | redemption payments in equal amounts in each fiscal year | ||||||
14 | over the term of the bonds, with the first principal or | ||||||
15 | mandatory redemption payment scheduled within the fiscal | ||||||
16 | year in which bonds are issued or within the next | ||||||
17 | succeeding fiscal year. At least 25%, based on total | ||||||
18 | principal amount, of all bonds authorized pursuant to this | ||||||
19 | Section shall be sold pursuant to notice of sale and public | ||||||
20 | bid. No more than 75%, based on total principal amount, of | ||||||
21 | all bonds authorized pursuant to this Section shall be sold | ||||||
22 | by negotiated sale. The maximum principal amount of the | ||||||
23 | bonds that may be issued may not exceed $100,000,000. The | ||||||
24 | bonds shall have all the qualities of negotiable | ||||||
25 | instruments under the laws of this State. To secure the | ||||||
26 | payment of any or all of such bonds and for the purpose of |
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1 | setting forth the covenants and undertakings of the | ||||||
2 | Suburban Bus Board in connection with the issuance thereof | ||||||
3 | and the issuance of any additional bonds payable from such | ||||||
4 | revenue or income as well as the use and application of the | ||||||
5 | revenue or income received by the Suburban Bus Board, the | ||||||
6 | Suburban Bus Board may execute and deliver a trust | ||||||
7 | agreement or agreements; provided that no lien upon any | ||||||
8 | physical property of the Suburban Bus Board shall be | ||||||
9 | created thereby. A remedy for any breach or default of the | ||||||
10 | terms of any such trust agreement by the Suburban Bus Board | ||||||
11 | may be by mandamus proceedings in any court of competent | ||||||
12 | jurisdiction to compel performance and compliance | ||||||
13 | therewith, but the trust agreement may prescribe by whom or | ||||||
14 | on whose behalf such action may be instituted. Under no | ||||||
15 | circumstances shall any bonds issued by the Suburban Bus | ||||||
16 | Board or any other obligation of the Suburban Bus Board in | ||||||
17 | connection with the issuance of such bonds be or become an | ||||||
18 | indebtedness or obligation of the State of Illinois, the | ||||||
19 | Regional Transportation Authority, or any other political | ||||||
20 | subdivision of or municipality within the State, nor shall | ||||||
21 | any such bonds or obligations be or become an indebtedness | ||||||
22 | of the Suburban Bus Board within the purview of any | ||||||
23 | constitutional limitation or provision, and it shall be | ||||||
24 | plainly stated on the face of each bond that it does not | ||||||
25 | constitute such an indebtedness or obligation but is | ||||||
26 | payable solely from the revenues or income as aforesaid. |
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1 | (Source: P.A. 94-370, eff. 7-29-05.)
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2 | (70 ILCS 3615/4.02) (from Ch. 111 2/3, par. 704.02)
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3 | Sec. 4.02. Federal, State and Other Funds. | ||||||
4 | (a) The Authority shall have the power to apply for, | ||||||
5 | receive and expend
grants, loans or other funds from the State | ||||||
6 | of Illinois or any department
or agency thereof, from any unit | ||||||
7 | of local government, from the federal
government or any | ||||||
8 | department or agency thereof,
for use in connection with any of | ||||||
9 | the powers or purposes of the Authority
as set forth in this | ||||||
10 | Act. The Authority shall have power to make such
studies as may | ||||||
11 | be necessary and to enter into contracts or agreements with
the | ||||||
12 | State of Illinois or any department or agency thereof, with any | ||||||
13 | unit of
local government, or with the federal government or any | ||||||
14 | department or
agency thereof, concerning such grants, loans or
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15 | other funds, or any conditions relating thereto, including | ||||||
16 | obligations to
repay such funds. The Authority may make such | ||||||
17 | covenants concerning such
grants, loans and funds as it deems | ||||||
18 | proper and necessary in carrying out
its responsibilities, | ||||||
19 | purposes and powers as provided in this Act.
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20 | (b) The Authority shall be the primary public body in the | ||||||
21 | metropolitan
region with authority to apply for and receive any | ||||||
22 | grants, loans or other
funds relating to public transportation | ||||||
23 | programs from the State of Illinois
or any department or agency | ||||||
24 | thereof, or from the federal government or any
department or | ||||||
25 | agency thereof. Any unit of local government, Service Board
or |
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1 | transportation agency may apply for and receive any such | ||||||
2 | federal
or state capital grants, loans or other funds, | ||||||
3 | provided, however that a
Service Board may not apply
for or | ||||||
4 | receive any grant or loan which is not identified in the | ||||||
5 | Five-Year Capital Program.
Any Service Board, unit of local | ||||||
6 | government or transportation agency
shall notify the Authority | ||||||
7 | prior to making any such application and shall
file a copy | ||||||
8 | thereof with the Authority. Nothing in this Section shall be
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9 | construed to impose any limitation on the ability of the State | ||||||
10 | of Illinois
or any department or agency thereof, any unit of | ||||||
11 | local government or Service
Board or
transportation agency to | ||||||
12 | make any grants or to enter into any agreement or
contract with | ||||||
13 | the National Rail Passenger Corporation. Nor shall anything
in | ||||||
14 | this Section impose any limitation on the ability of any school | ||||||
15 | district
to apply for or receive any grant, loan or other funds | ||||||
16 | for transportation
of school children.
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17 | (c) The Authority shall provide to the Service Board any | ||||||
18 | monies received
relating to public transportation services | ||||||
19 | under the jurisdiction of the
Service Boards as provided in | ||||||
20 | Section 4.03.3 of this Act.
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21 | (d) Nothing in this Section shall be construed to impose | ||||||
22 | any limitation on the Chicago Transit Authority's borrowing | ||||||
23 | authority pursuant to Section 12 of the Metropolitan Transit | ||||||
24 | Authority Act. | ||||||
25 | (Source: P.A. 94-839, eff. 6-6-06; 95-331, eff. 8-21-07; | ||||||
26 | 95-708, eff. 1-18-08.)
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1 | (70 ILCS 3615/4.11) (from Ch. 111 2/3, par. 704.11)
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2 | Sec. 4.11. Budget Review Powers.
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3 | (a) Based
upon estimates which shall be given to the | ||||||
4 | Authority by the Director of
the
Governor's Office of | ||||||
5 | Management and Budget (formerly
Bureau of the Budget) of the | ||||||
6 | receipts to be received by the
Authority from the taxes imposed
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7 | by the Authority and the authorized estimates of amounts
to be | ||||||
8 | available from State and other sources to the Service Boards, | ||||||
9 | and
the times at which such receipts and amounts will be | ||||||
10 | available, the Board
shall, not later than the next preceding | ||||||
11 | September 15th prior to the beginning
of the Authority's next | ||||||
12 | fiscal year,
advise each Service Board of the amounts estimated | ||||||
13 | by the Board to be available
for such Service Board during such | ||||||
14 | fiscal year and the two following fiscal
years and the times at | ||||||
15 | which such amounts will be available. The Board
shall, at the | ||||||
16 | same time, also advise each Service Board of its required
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17 | system generated revenues recovery ratio for the next fiscal | ||||||
18 | year which
shall be the percentage of the aggregate costs of | ||||||
19 | providing public
transportation by or under jurisdiction of | ||||||
20 | that Service Board which must be
recovered from system | ||||||
21 | generated revenues. The Board shall, at the same time, consider | ||||||
22 | the written determination of the Executive Director, made | ||||||
23 | pursuant to Section 2.01d, of the costs of ADA paratransit | ||||||
24 | services that are required to be provided under the federal | ||||||
25 | Americans with Disabilities Act of 1990 and its implementing |
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1 | regulations, and shall amend the current year budgets of the | ||||||
2 | Authority and the Service Boards to provide for additional | ||||||
3 | funding for the provision of ADA paratransit services, if | ||||||
4 | needed. The Board shall, at the same time, beginning with the | ||||||
5 | 2007 fiscal year, also advise each Service Board that provides | ||||||
6 | ADA paratransit services of its required system generated ADA | ||||||
7 | paratransit services revenue recovery ratio for the next fiscal | ||||||
8 | year which shall be the percentage of the aggregate costs of | ||||||
9 | providing ADA paratransit services by or under jurisdiction of | ||||||
10 | that Service Board which must be recovered from fares charged | ||||||
11 | for such services, except that such required system generated | ||||||
12 | ADA paratransit services revenue recovery ratio shall not | ||||||
13 | exceed the minimum percentage established pursuant to Section | ||||||
14 | 4.01(b)(ii) of this Act. In determining
a Service Board's | ||||||
15 | system generated revenue recovery ratio, the Board shall
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16 | consider the historical system generated revenues recovery | ||||||
17 | ratio for the
services subject to the jurisdiction of that
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18 | Service Board. The Board shall not increase a Service Board's | ||||||
19 | system generated
revenues recovery ratio for the next fiscal | ||||||
20 | year over such ratio for the
current fiscal year | ||||||
21 | disproportionately or prejudicially to increases in
such | ||||||
22 | ratios for other Service Boards. The Board may, by ordinance,
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23 | provide that (i) the cost of research and development projects | ||||||
24 | in the
fiscal year beginning January 1, 1986 and ending | ||||||
25 | December 31, 1986
conducted pursuant to Section 2.09 of this | ||||||
26 | Act, (ii) the costs for passenger security, and (iii) |
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1 | expenditures of amounts granted to a Service Board from the | ||||||
2 | Innovation, Coordination, and Enhancement Fund for operating | ||||||
3 | purposes may be exempted from the
farebox recovery ratio or the | ||||||
4 | system generated revenues recovery ratio of
the Chicago Transit | ||||||
5 | Authority, the Suburban Bus Board, and the Commuter
Rail Board, | ||||||
6 | or any of them. During fiscal years 2008 through 2012, the | ||||||
7 | Board may also allocate the exemption of $200,000,000 and the | ||||||
8 | reducing amounts of costs provided by this amendatory Act of | ||||||
9 | the 95th General Assembly from the farebox recovery ratio or | ||||||
10 | system generated revenues recovery ratio of each Service Board.
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11 | (b)(1) Not later than the next preceding November 15 prior | ||||||
12 | to the
commencement of such fiscal year, each Service Board | ||||||
13 | shall submit to the
Authority its proposed budget for such | ||||||
14 | fiscal year and its proposed
financial plan for the two | ||||||
15 | following fiscal years. Such budget and
financial plan shall | ||||||
16 | (i) be prepared in the format, follow the financial and | ||||||
17 | budgetary practices, and be based on any assumptions and | ||||||
18 | projections required by the Authority and (ii) not project or | ||||||
19 | assume a receipt of revenues from the
Authority in amounts | ||||||
20 | greater than those set forth in the estimates provided
by the | ||||||
21 | Authority pursuant to subsection (a) of this Section.
| ||||||
22 | (2) The Board shall review the proposed budget and two-year
| ||||||
23 | financial plan submitted
by each Service Board. The Board shall | ||||||
24 | approve the budget and two-year financial plan of a Service | ||||||
25 | Board if:
| ||||||
26 | (i)
such budget and plan show a balance between (A) |
| |||||||
| |||||||
1 | anticipated revenues
from all sources including operating | ||||||
2 | subsidies and (B) the costs of providing
the services | ||||||
3 | specified and of funding any operating deficits or | ||||||
4 | encumbrances
incurred in prior periods, including | ||||||
5 | provision for payment when due of
principal and interest on | ||||||
6 | outstanding indebtedness;
| ||||||
7 | (ii)
such budget and plan show cash balances including | ||||||
8 | the proceeds of
any anticipated cash flow borrowing | ||||||
9 | sufficient to pay with reasonable
promptness all costs and | ||||||
10 | expenses as incurred;
| ||||||
11 | (iii)
such budget and plan provide for a level of fares | ||||||
12 | or charges and
operating or administrative costs for the | ||||||
13 | public transportation provided
by or subject to the | ||||||
14 | jurisdiction of such Service Board sufficient to allow
the | ||||||
15 | Service Board to meet its required system generated revenue | ||||||
16 | recovery ratio and, beginning with the 2007 fiscal year, | ||||||
17 | system generated ADA paratransit services revenue recovery | ||||||
18 | ratio;
| ||||||
19 | (iv)
such budget and plan are based upon and employ | ||||||
20 | assumptions and
projections which are reasonable and | ||||||
21 | prudent;
| ||||||
22 | (v)
such budget and plan have been prepared in | ||||||
23 | accordance with sound
financial practices as determined by | ||||||
24 | the Board;
| ||||||
25 | (vi)
such budget and plan meet such other financial, | ||||||
26 | budgetary, or fiscal
requirements that the Board may by |
| |||||||
| |||||||
1 | rule or regulation establish; and
| ||||||
2 | (vii) such budget and plan are consistent with the | ||||||
3 | goals and objectives adopted by the Authority in the | ||||||
4 | Strategic Plan.
| ||||||
5 | (3) (Blank).
| ||||||
6 | (4) Unless the Board by an affirmative vote of 12
of the | ||||||
7 | then Directors
determines that the budget and financial plan of | ||||||
8 | a Service Board meets the
criteria specified in clauses (i)
| ||||||
9 | through (vii) of subparagraph (2) of
this paragraph (b), the | ||||||
10 | Board shall withhold from that Service Board 25% of
the cash | ||||||
11 | proceeds of taxes imposed by the Authority under Section 4.03
| ||||||
12 | and Section 4.03.1 and received after February 1 and 25% of the | ||||||
13 | amounts transferred to the Authority from the Public | ||||||
14 | Transportation Fund under Section 4.09(a) (but not including | ||||||
15 | Section 4.09(a)(3)(iv)) after February 1 that the Board has | ||||||
16 | estimated to be available to that Service Board under Section | ||||||
17 | 4.11(a). Such funding shall be released to the Service Board | ||||||
18 | only upon approval of a budget and financial plan under this | ||||||
19 | Section or adoption of a budget and financial plan on behalf of | ||||||
20 | the Service Board by the Authority.
| ||||||
21 | (5) If the Board has not found that the budget and | ||||||
22 | financial plan of a
Service Board meets the criteria specified | ||||||
23 | in clauses (i) through (vii)
of subparagraph (2) of this | ||||||
24 | paragraph (b), the Board, by the affirmative vote of at least | ||||||
25 | 12 of its then Directors, shall
adopt a budget and
financial | ||||||
26 | plan meeting such criteria for that Service Board.
|
| |||||||
| |||||||
1 | (c)(1) If the Board shall at any time have received a
| ||||||
2 | revised estimate, or revises any estimate the Board has made, | ||||||
3 | pursuant to
this Section of the receipts to be collected by the | ||||||
4 | Authority which, in
the judgment of the Board, requires a | ||||||
5 | change in the estimates on which the
budget of any Service | ||||||
6 | Board is based, the Board shall advise the affected
Service | ||||||
7 | Board of such revised estimates, and such Service Board shall | ||||||
8 | within
30 days after receipt of such advice submit a revised | ||||||
9 | budget incorporating
such revised estimates. If the revised | ||||||
10 | estimates require, in the judgment
of the Board, that the | ||||||
11 | system generated revenues recovery ratio of one or
more Service | ||||||
12 | Boards be revised in order to allow the Authority to meet its
| ||||||
13 | required ratio, the Board shall advise any such Service Board | ||||||
14 | of its revised
ratio and such Service Board shall within 30 | ||||||
15 | days after receipt of such
advice submit a revised budget | ||||||
16 | incorporating such revised estimates or ratio.
| ||||||
17 | (2) Each Service Board shall, within such period after the | ||||||
18 | end of each
fiscal quarter as shall be specified by the Board, | ||||||
19 | report to the Authority
its financial condition and results of | ||||||
20 | operations and the financial condition
and results of | ||||||
21 | operations of the public transportation services subject
to its | ||||||
22 | jurisdiction, as at the end of and for such quarter. If in the | ||||||
23 | judgment
of the Board such condition and results are not | ||||||
24 | substantially in accordance
with such Service Board's budget | ||||||
25 | for such period, the Board shall so advise
such Service Board | ||||||
26 | and such Service Board shall within the period specified
by the |
| |||||||
| |||||||
1 | Board submit a revised budget incorporating such results.
| ||||||
2 | (3) If the Board shall determine that a revised budget | ||||||
3 | submitted by a
Service Board pursuant to subparagraph (1) or | ||||||
4 | (2) of this paragraph (c)
does not meet the criteria specified | ||||||
5 | in clauses (i)
through (vii) of
subparagraph
(2) of paragraph | ||||||
6 | (b) of this Section, the Board shall withhold from that Service | ||||||
7 | Board 25% of the cash proceeds of taxes imposed by the | ||||||
8 | Authority
under Section 4.03 or 4.03.1 and received by the | ||||||
9 | Authority after February 1 and 25% of the amounts transferred | ||||||
10 | to the Authority from the Public Transportation Fund under | ||||||
11 | Section 4.09(a) (but not including Section 4.09(a)(3)(iv)) | ||||||
12 | after February 1 that the Board has estimated to be available | ||||||
13 | to that Service Board under
Section 4.11(a). If the Service | ||||||
14 | Board submits a revised financial plan and
budget which plan | ||||||
15 | and budget shows that the criteria will be met within
a four | ||||||
16 | quarter period, the Board shall release any such withheld funds | ||||||
17 | to the
Service Board. The Board by the affirmative vote of at | ||||||
18 | least 12
of its then Directors may
require a Service Board to | ||||||
19 | submit a revised financial plan and budget which
shows that the | ||||||
20 | criteria will be met in a time period less than four quarters.
| ||||||
21 | (d) All budgets and financial plans, financial statements, | ||||||
22 | audits and
other information presented to the Authority | ||||||
23 | pursuant to this Section or
which may be required by the Board | ||||||
24 | to permit it to monitor compliance with
the provisions of this | ||||||
25 | Section shall be prepared and presented in such
manner and | ||||||
26 | frequency and in such detail as shall have been prescribed by
|
| |||||||
| |||||||
1 | the Board, shall be prepared on both an accrual and cash flow | ||||||
2 | basis as
specified by the Board, shall present such information | ||||||
3 | as the Authority shall prescribe that fairly presents the | ||||||
4 | condition of any pension plan or trust for health care benefits | ||||||
5 | with respect to retirees established by the Service Board and | ||||||
6 | describes the plans of the Service Board to meet the | ||||||
7 | requirements of Sections 4.02a and 4.02b, and shall identify | ||||||
8 | and describe the assumptions and
projections employed in the | ||||||
9 | preparation
thereof to the extent required by the Board. If the | ||||||
10 | Executive Director certifies that a Service Board has not | ||||||
11 | presented its budget and two-year financial plan in conformity | ||||||
12 | with the rules adopted by the Authority under the provisions of | ||||||
13 | Section 4.01(f) and this subsection (d), and such certification | ||||||
14 | is accepted by the affirmative vote of at least 12 of the then | ||||||
15 | Directors of the Authority, the Authority shall not distribute | ||||||
16 | to that Service Board any funds for operating purposes in | ||||||
17 | excess of the amounts distributed for such purposes to the | ||||||
18 | Service Board in the previous fiscal year. Except when the | ||||||
19 | Board adopts
a budget and a financial plan for a Service Board | ||||||
20 | under paragraph (b)(5),
a Service Board shall provide for such | ||||||
21 | levels of transportation services
and fares or charges therefor | ||||||
22 | as it deems appropriate and necessary in the
preparation of a | ||||||
23 | budget and financial plan meeting the criteria set forth
in | ||||||
24 | clauses (i)
through (vii) of subparagraph (2) of paragraph (b) | ||||||
25 | of this
Section. The Authority
shall have access to and the | ||||||
26 | right to examine and copy
all books, documents, papers, |
| |||||||
| |||||||
1 | records, or other source data of a Service
Board relevant to | ||||||
2 | any information submitted pursuant to this Section.
| ||||||
3 | (e) Whenever this Section requires the Board to make | ||||||
4 | determinations with
respect to estimates, budgets or financial | ||||||
5 | plans, or rules or regulations
with respect thereto such | ||||||
6 | determinations shall be made upon the affirmative
vote of at | ||||||
7 | least 12
of the then Directors and shall be incorporated in a
| ||||||
8 | written report of the Board and such report shall be submitted | ||||||
9 | within 10
days after such determinations are made to
the | ||||||
10 | Governor, the Mayor of Chicago (if such determinations relate | ||||||
11 | to the
Chicago Transit Authority), and the Auditor General of | ||||||
12 | Illinois.
| ||||||
13 | (f) Nothing in this Section shall be construed to impose | ||||||
14 | any limitation on the Chicago Transit Authority's borrowing | ||||||
15 | authority pursuant to Section 12 of the Metropolitan Transit | ||||||
16 | Authority Act. | ||||||
17 | (Source: P.A. 97-399, eff. 8-16-11.)".
|