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1 | AN ACT concerning local government.
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2 | Be it enacted by the People of the State of Illinois,
| ||||||||||||||||||||||||
3 | represented in the General Assembly:
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4 | (30 ILCS 5/3-2.3 rep.) | ||||||||||||||||||||||||
5 | Section 5. The Illinois State Auditing Act is amended by | ||||||||||||||||||||||||
6 | repealing Section 3-2.3. | ||||||||||||||||||||||||
7 | Section 10. The State Finance Act is amended by changing | ||||||||||||||||||||||||
8 | Section 6z-17 as follows:
| ||||||||||||||||||||||||
9 | (30 ILCS 105/6z-17) (from Ch. 127, par. 142z-17)
| ||||||||||||||||||||||||
10 | Sec. 6z-17. Of the money paid into the State and Local | ||||||||||||||||||||||||
11 | Sales Tax Reform
Fund: (i) subject to appropriation to the | ||||||||||||||||||||||||
12 | Department of Revenue,
Municipalities having 1,000,000 or more | ||||||||||||||||||||||||
13 | inhabitants shall
receive 20% and may expend such amount to | ||||||||||||||||||||||||
14 | fund and establish a program for
developing and coordinating | ||||||||||||||||||||||||
15 | public and private resources targeted to meet
the affordable | ||||||||||||||||||||||||
16 | housing needs of low-income and very low-income households
| ||||||||||||||||||||||||
17 | within such municipality, (ii) 10% shall be transferred into | ||||||||||||||||||||||||
18 | the Regional
Transportation Authority Occupation and Use Tax | ||||||||||||||||||||||||
19 | Replacement Fund, a special
fund in the State treasury which is | ||||||||||||||||||||||||
20 | hereby created, (iii) until July 1, 2013, subject to
| ||||||||||||||||||||||||
21 | appropriation to the Department of Transportation, the | ||||||||||||||||||||||||
22 | Metro-East Madison County Mass Transit
District shall receive |
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| ||||||||||||||||||||||
1 | .6%, and beginning on July 1, 2013, subject to appropriation to | |||||||||||||||||||||
2 | the Department of Revenue, 0.6% shall be distributed each month | |||||||||||||||||||||
3 | out of the Fund to the Madison County Mass Transit District, | |||||||||||||||||||||
4 | (iv)
the following amounts, plus any cumulative deficiency in | |||||||||||||||||||||
5 | such transfers for
prior months, shall be transferred monthly | |||||||||||||||||||||
6 | into the Build Illinois
Fund and credited to the Build Illinois | |||||||||||||||||||||
7 | Bond Account therein:
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| ||||||||||||||||||||||
13 | From Fiscal Year 1994 through Fiscal Year 2025 the transfer | |||||||||||||||||||||
14 | shall total
$3,150,000 monthly, plus any cumulative deficiency | |||||||||||||||||||||
15 | in such transfers for
prior months, and (v) the remainder of | |||||||||||||||||||||
16 | the money paid into the State and
Local Sales Tax Reform Fund | |||||||||||||||||||||
17 | shall be
transferred into the Local Government Distributive | |||||||||||||||||||||
18 | Fund and, except for
municipalities with 1,000,000 or more | |||||||||||||||||||||
19 | inhabitants which shall receive no
portion of such remainder, | |||||||||||||||||||||
20 | shall be distributed, subject to appropriation,
in the manner | |||||||||||||||||||||
21 | provided by Section 2 of "An Act in relation to State revenue
| |||||||||||||||||||||
22 | sharing with local government entities", approved July 31, | |||||||||||||||||||||
23 | 1969, as now or
hereafter amended. Municipalities with more | |||||||||||||||||||||
24 | than 50,000 inhabitants
according to the 1980 U.S. Census and | |||||||||||||||||||||
25 | located within the Metro East Mass
Transit District receiving | |||||||||||||||||||||
26 | funds pursuant to provision (v) of this
paragraph may expend |
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| |||||||
1 | such amounts to fund and establish a program for
developing and | ||||||
2 | coordinating public and private resources targeted to meet
the | ||||||
3 | affordable housing needs of low-income and very low-income | ||||||
4 | households
within such municipality.
| ||||||
5 | (Source: P.A. 98-44, eff. 6-28-13.)
| ||||||
6 | (30 ILCS 105/5.708 rep.) | ||||||
7 | Section 15. The State Finance Act is amended by repealing | ||||||
8 | Section 5.708. | ||||||
9 | Section 20. The Downstate Public Transportation Act is | ||||||
10 | amended by changing Sections 2-2.04, 2-3, 2-6, 2-7, and 2-15 as | ||||||
11 | follows:
| ||||||
12 | (30 ILCS 740/2-2.04) (from Ch. 111 2/3, par. 662.04)
| ||||||
13 | Sec. 2-2.04. "Eligible operating expenses" means all | ||||||
14 | expenses required
for public transportation, including | ||||||
15 | employee wages and benefits,
materials, fuels, supplies, | ||||||
16 | rental of facilities, taxes other than income
taxes, payment | ||||||
17 | made for debt service (including principal and interest) on
| ||||||
18 | publicly owned equipment or facilities, and any other | ||||||
19 | expenditure which is
an operating expense according to standard | ||||||
20 | accounting practices for the
providing of public | ||||||
21 | transportation. Eligible operating expenses shall not
include | ||||||
22 | allowances: (a) for depreciation whether funded or unfunded; | ||||||
23 | (b)
for amortization of any intangible costs; (c) for debt |
| |||||||
| |||||||
1 | service on capital
acquired with the assistance of capital | ||||||
2 | grant funds provided by the State
of Illinois; (d) for profits | ||||||
3 | or return on investment; (e) for excessive
payment to | ||||||
4 | associated entities; (f) for Comprehensive Employment Training
| ||||||
5 | Act expenses; (g) for costs reimbursed under Sections 6 and 8 | ||||||
6 | of the "Urban
Mass Transportation Act of 1964", as amended; (h) | ||||||
7 | for entertainment
expenses; (i) for charter expenses; (j) for | ||||||
8 | fines and penalties; (k) for
charitable donations; (l) for | ||||||
9 | interest expense on long term borrowing and
debt retirement | ||||||
10 | other than on publicly owned equipment or facilities; (m)
for | ||||||
11 | income taxes; or (n) for such other expenses as the Department | ||||||
12 | may
determine consistent with federal Department of | ||||||
13 | Transportation regulations
or requirements. In consultation | ||||||
14 | with participants, the Department shall, by October 2008, | ||||||
15 | promulgate or update rules, pursuant to the Illinois | ||||||
16 | Administrative Procedure Act, concerning eligible expenses to | ||||||
17 | ensure consistent application of the Act, and the Department | ||||||
18 | shall provide written copies of those rules to all eligible | ||||||
19 | recipients. The Department shall review this process in the | ||||||
20 | same manner no less frequently than every 5 years.
| ||||||
21 | With respect to participants other than any Metro-East | ||||||
22 | Transit District
participant and those receiving federal | ||||||
23 | research development and demonstration
funds pursuant to | ||||||
24 | Section 6 of the "Urban Mass Transportation Act of 1964",
as | ||||||
25 | amended, during the fiscal year ending June 30, 1979, the | ||||||
26 | maximum eligible
operating expenses for any such participant in |
| |||||||
| |||||||
1 | any fiscal year after Fiscal
Year 1980 shall be the amount | ||||||
2 | appropriated for such participant for the
fiscal year ending | ||||||
3 | June 30, 1980, plus in each year a 10% increase over
the | ||||||
4 | maximum established for the preceding fiscal year. For Fiscal | ||||||
5 | Year
1980 the maximum eligible operating expenses for any such | ||||||
6 | participant shall
be the amount of projected operating expenses | ||||||
7 | upon which the appropriation
for such participant for Fiscal | ||||||
8 | Year 1980 is based.
| ||||||
9 | With respect to participants receiving federal research | ||||||
10 | development and
demonstration operating assistance funds for | ||||||
11 | operating assistance pursuant
to Section 6 of the "Urban Mass | ||||||
12 | Transportation Act of 1964", as amended,
during the fiscal year | ||||||
13 | ending June 30, 1979, the maximum eligible operating
expenses | ||||||
14 | for any such participant in any fiscal year after Fiscal Year | ||||||
15 | 1980
shall not exceed such participant's eligible operating | ||||||
16 | expenses for the
fiscal year ending June 30, 1980, plus in each | ||||||
17 | year a 10% increase over
the maximum established for the | ||||||
18 | preceding fiscal year. For Fiscal Year
1980, the maximum | ||||||
19 | eligible operating expenses for any such participant shall
be | ||||||
20 | the eligible operating expenses incurred during such fiscal | ||||||
21 | year, or
projected operating expenses upon which the | ||||||
22 | appropriation for such participant
for the Fiscal Year 1980 is | ||||||
23 | based; whichever is less.
| ||||||
24 | With respect to all participants other than any Metro-East | ||||||
25 | Transit
District participant, the maximum eligible operating | ||||||
26 | expenses for any such
participant in any fiscal year after |
| |||||||
| |||||||
1 | Fiscal Year 1985 (except Fiscal Year 2008 and Fiscal Year 2009)
| ||||||
2 | shall be the amount
appropriated for such participant for the | ||||||
3 | fiscal year ending June 30, 1985,
plus in each year a 10% | ||||||
4 | increase over the maximum established for the preceding
year. | ||||||
5 | For Fiscal Year 1985, the maximum eligible operating expenses | ||||||
6 | for
any such participant shall be the amount of projected | ||||||
7 | operating expenses
upon which the appropriation for such | ||||||
8 | participant for Fiscal Year 1985 is
based.
| ||||||
9 | With respect to any mass transit district participant that | ||||||
10 | has increased
its district boundaries by annexing counties | ||||||
11 | since 1998 and is maintaining a
level of local financial | ||||||
12 | support, including all income and revenues, equal to
or greater | ||||||
13 | than the level in the State fiscal year ending June 30, 2001, | ||||||
14 | the
maximum eligible operating expenses for any State fiscal | ||||||
15 | year after 2002 (except State fiscal year years
2006 through | ||||||
16 | 2009 ) shall
be the amount appropriated for that participant for | ||||||
17 | the State fiscal year
ending June 30, 2002, plus, in each State | ||||||
18 | fiscal year, a 10% increase over the
preceding State fiscal | ||||||
19 | year. For State fiscal year 2002, the maximum eligible
| ||||||
20 | operating expenses for any such participant shall be the amount | ||||||
21 | of projected
operating expenses upon which the appropriation | ||||||
22 | for that participant for State
fiscal year 2002 is based. For | ||||||
23 | that participant, eligible operating expenses
for State fiscal | ||||||
24 | year 2002 in excess of the eligible operating expenses for the
| ||||||
25 | State fiscal year ending June 30, 2001, plus 10%, must be | ||||||
26 | attributed to the
provision of services in the newly annexed |
| |||||||
| |||||||
1 | counties.
| ||||||
2 | With respect to a participant that receives an initial | ||||||
3 | appropriation in State
fiscal year 2002 or thereafter, the | ||||||
4 | maximum eligible operating expenses for any State fiscal
year | ||||||
5 | after 2003 (except State fiscal year years
2006 through 2009 ) | ||||||
6 | shall be the amount appropriated for that participant for the
| ||||||
7 | State fiscal year in which it received its initial | ||||||
8 | appropriation, plus, in each year, a 10% increase over
the | ||||||
9 | preceding year. For the initial State fiscal year in which a | ||||||
10 | participant received an appropriation, the maximum eligible | ||||||
11 | operating
expenses for any such participant shall be the amount | ||||||
12 | of projected operating
expenses upon which the appropriation | ||||||
13 | for that participant for that State fiscal
year is based.
| ||||||
14 | With respect to the District serving primarily the counties | ||||||
15 | of Monroe and St. Clair, beginning July 1, 2005, the St. Clair | ||||||
16 | County Transit District shall no longer be included for new | ||||||
17 | appropriation funding purposes as part of the Metro-East Public | ||||||
18 | Transportation Fund and instead shall be included for new | ||||||
19 | appropriation funding purposes as part of the Downstate Public | ||||||
20 | Transportation Fund; provided, however, that nothing herein | ||||||
21 | shall alter the eligibility of that District for previously | ||||||
22 | appropriated funds to which it would otherwise be entitled.
| ||||||
23 | With respect to the District serving primarily Madison | ||||||
24 | County, beginning July 1, 2008, the Madison County Transit | ||||||
25 | District shall no longer be included for new appropriation | ||||||
26 | funding purposes as part of the Metro-East Public |
| |||||||
| |||||||
1 | Transportation Fund and instead shall be included for new | ||||||
2 | appropriation funding purposes as part of the Downstate Public | ||||||
3 | Transportation Fund; provided, however, that nothing herein | ||||||
4 | shall alter the eligibility of that District for previously | ||||||
5 | appropriated funds to which it would otherwise be entitled. | ||||||
6 | With respect to the fiscal year beginning July 1, 2007, and | ||||||
7 | thereafter, the following shall be included for new | ||||||
8 | appropriation funding purposes as part of the Downstate Public | ||||||
9 | Transportation Fund: Bond County; Bureau County; Coles County; | ||||||
10 | Edgar County; Stephenson County and the City of Freeport; Henry | ||||||
11 | County; Jo Daviess County; Kankakee and McLean Counties; Peoria | ||||||
12 | County; Piatt County; Shelby County; Tazewell and Woodford | ||||||
13 | Counties; Vermilion County; Williamson County; and Kendall | ||||||
14 | County.
| ||||||
15 | (Source: P.A. 94-70, eff. 6-22-05; 95-708, eff. 1-18-08.)
| ||||||
16 | (30 ILCS 740/2-3) (from Ch. 111 2/3, par. 663)
| ||||||
17 | Sec. 2-3. (a) As soon as possible after the first day of | ||||||
18 | each month,
beginning July 1, 1984, upon certification of the | ||||||
19 | Department of Revenue,
the Comptroller shall order | ||||||
20 | transferred, and the Treasurer shall
transfer, from the General | ||||||
21 | Revenue Fund to a special fund in the State
Treasury which is | ||||||
22 | hereby created, to be known as the "Downstate Public
| ||||||
23 | Transportation Fund", an amount equal to 2/32 (beginning July | ||||||
24 | 1, 2005, 3/32) of the net revenue
realized from the "Retailers' | ||||||
25 | Occupation Tax Act", as now or hereafter
amended, the "Service |
| |||||||
| |||||||
1 | Occupation Tax Act", as now or hereafter amended,
the "Use Tax | ||||||
2 | Act", as now or hereafter amended, and the "Service Use Tax
| ||||||
3 | Act", as now or hereafter amended, from persons incurring | ||||||
4 | municipal or
county retailers' or service occupation tax | ||||||
5 | liability for the benefit of
any municipality or county located | ||||||
6 | wholly within the boundaries of each
participant other than any | ||||||
7 | Metro-East Transit District participant
certified pursuant to | ||||||
8 | subsection (c) of this Section during the
preceding month, | ||||||
9 | except that the Department shall pay into the Downstate
Public | ||||||
10 | Transportation Fund 2/32 (beginning July 1, 2005, 3/32) of 80% | ||||||
11 | of the net revenue realized under
the State tax Acts named | ||||||
12 | above within any municipality or county located
wholly within | ||||||
13 | the boundaries of each participant, other than any Metro-East
| ||||||
14 | participant, for tax periods beginning on or after January 1, | ||||||
15 | 1990 ;
provided, however, that beginning with fiscal year 1985 | ||||||
16 | through fiscal year 2008,
and beginning again in fiscal year | ||||||
17 | 2015, the transfers into the Downstate Public Transportation | ||||||
18 | Fund during any
fiscal year shall not exceed the annual | ||||||
19 | appropriation from the Downstate
Public Transportation Fund | ||||||
20 | for that year. The Department of Transportation
shall notify | ||||||
21 | the Department of Revenue and the Comptroller at the beginning
| ||||||
22 | of each fiscal year of the amount of the annual appropriation | ||||||
23 | from the
Downstate Public Transportation Fund .
Net revenue | ||||||
24 | realized for a month shall be the revenue
collected by the | ||||||
25 | State pursuant to such Acts during the previous month
from | ||||||
26 | persons incurring municipal or county retailers' or service
|
| |||||||
| |||||||
1 | occupation tax liability for the benefit of any municipality or | ||||||
2 | county
located wholly within the boundaries of a participant, | ||||||
3 | less the amount
paid out during that same month as refunds or | ||||||
4 | credit memoranda to
taxpayers for overpayment of liability | ||||||
5 | under such Acts for the benefit
of any municipality or county | ||||||
6 | located wholly within the boundaries of a
participant.
| ||||||
7 | (b) As soon as possible after the first day of each month, | ||||||
8 | beginning
July 1, 1989, upon certification of the Department of | ||||||
9 | Revenue, the
Comptroller shall order transferred, and the | ||||||
10 | Treasurer shall transfer, from
the General Revenue Fund to a | ||||||
11 | special fund in the State Treasury which is
hereby created, to | ||||||
12 | be known as the "Metro-East Public Transportation Fund",
an | ||||||
13 | amount equal to 2/32 of the net revenue realized, as above, | ||||||
14 | from within
the boundaries of Madison, Monroe, and St. Clair | ||||||
15 | Counties, except that the
Department shall pay into the | ||||||
16 | Metro-East Public Transportation Fund 2/32 of
80% of the net | ||||||
17 | revenue realized under the State tax Acts specified in
| ||||||
18 | subsection (a) of this Section within the boundaries of
| ||||||
19 | Madison, Monroe and St. Clair Counties for tax periods | ||||||
20 | beginning on or
after January 1, 1990. A local match
equivalent | ||||||
21 | to an amount which could be raised by a tax levy at the rate of
| ||||||
22 | .05% on the assessed value of property within the boundaries of | ||||||
23 | Madison County is required annually to cause a total of 2/32
of | ||||||
24 | the net revenue to be deposited in the Metro-East Public | ||||||
25 | Transportation
Fund. Failure to raise the required local match | ||||||
26 | annually shall result in
only 1/32 being deposited into the |
| |||||||
| |||||||
1 | Metro-East Public Transportation Fund
after July 1, 1989, or | ||||||
2 | 1/32 of 80% of the net revenue realized for tax
periods | ||||||
3 | beginning on or after January 1, 1990.
| ||||||
4 | (b-5) As soon as possible after the first day of each | ||||||
5 | month, beginning July 1, 2005, upon certification of the | ||||||
6 | Department of Revenue, the Comptroller shall order | ||||||
7 | transferred, and the Treasurer shall transfer, from the General | ||||||
8 | Revenue Fund to the Downstate Public Transportation Fund, an | ||||||
9 | amount equal to 3/32 of 80% of the net revenue realized from | ||||||
10 | within the boundaries of Monroe and St. Clair Counties under | ||||||
11 | the State Tax Acts specified in subsection (a) of this Section | ||||||
12 | and provided further that, beginning July 1, 2005, the | ||||||
13 | provisions of subsection (b) shall no longer apply with respect | ||||||
14 | to such tax receipts from Monroe and St. Clair Counties.
| ||||||
15 | (b-6) (Blank). As soon as possible after the first day of | ||||||
16 | each month, beginning July 1, 2008, upon certification by the | ||||||
17 | Department of Revenue, the Comptroller shall order transferred | ||||||
18 | and the Treasurer shall transfer, from the General Revenue Fund | ||||||
19 | to the Downstate Public Transportation Fund, an amount equal to | ||||||
20 | 3/32 of 80% of the net revenue realized from within the | ||||||
21 | boundaries of Madison County under the State Tax Acts specified | ||||||
22 | in subsection (a) of this Section and provided further that, | ||||||
23 | beginning July 1, 2008, the provisions of subsection (b) shall | ||||||
24 | no longer apply with respect to such tax receipts from Madison | ||||||
25 | County. | ||||||
26 | (c) The Department shall certify to the Department of |
| |||||||
| |||||||
1 | Revenue the
eligible participants under this Article and the | ||||||
2 | territorial boundaries
of such participants for the purposes of | ||||||
3 | the Department of Revenue in
subsections (a) and (b) of this | ||||||
4 | Section.
| ||||||
5 | (d) For the purposes of this Article the Department shall | ||||||
6 | include in
its annual request for appropriation of ordinary and | ||||||
7 | contingent expenses , beginning in fiscal year 2009 the General | ||||||
8 | Assembly shall appropriate
an amount from the Downstate Public | ||||||
9 | Transportation Fund equal to the sum total funds projected to | ||||||
10 | be paid to the
participants pursuant to Section 2-7. If the | ||||||
11 | General Assembly fails to make appropriations sufficient to | ||||||
12 | cover the amounts projected to be paid pursuant to Section 2-7, | ||||||
13 | this Act shall constitute an irrevocable and continuing | ||||||
14 | appropriation from the Downstate Public Transportation Fund of | ||||||
15 | all amounts necessary for those purposes. | ||||||
16 | (e) Notwithstanding anything in this Section to the | ||||||
17 | contrary, amounts transferred from the General Revenue Fund to | ||||||
18 | the Downstate Public Transportation Fund pursuant to this | ||||||
19 | Section shall not exceed $169,000,000 in State fiscal year | ||||||
20 | 2012.
| ||||||
21 | (f) In addition to any other permitted use of moneys in the | ||||||
22 | Fund, and
notwithstanding any restriction on the use of the | ||||||
23 | Fund, moneys in the
Downstate Public Transportation
Fund may be | ||||||
24 | transferred to the General Revenue Fund as authorized by Public
| ||||||
25 | Act 87-14. The General Assembly finds that an excess of moneys | ||||||
26 | existed in
the Fund on July 30, 1991, and the Governor's order |
| |||||||
| |||||||
1 | of July 30, 1991,
and the Governor's order of July 30, 1991, | ||||||
2 | requesting the Comptroller and
Treasurer to transfer an amount | ||||||
3 | from the Fund to the General Revenue Fund
is hereby validated. | ||||||
4 | (Source: P.A. 97-641, eff. 12-19-11.)
| ||||||
5 | (30 ILCS 740/2-6) (from Ch. 111 2/3, par. 666)
| ||||||
6 | Sec. 2-6. Allocation of funds.
| ||||||
7 | (a) With respect to all participants other
than any | ||||||
8 | Metro-East
Transit District participant, the Department shall | ||||||
9 | allocate the funds to be
made available to each participant | ||||||
10 | under this Article for the following
fiscal year and shall | ||||||
11 | notify the chief official of each participant not
later than | ||||||
12 | the first day of the fiscal year of this amount. For Fiscal | ||||||
13 | Year
1975, notification shall be made not later than January 1, | ||||||
14 | 1975, of the
amount of such allocation. In determining the | ||||||
15 | allocation for each
participant, the Department shall estimate | ||||||
16 | the funds available to the
participant from the Downstate | ||||||
17 | Public Transportation Fund for the purposes
of this Article | ||||||
18 | during the succeeding fiscal year, and shall allocate to
each | ||||||
19 | participant the amount attributable to it which shall be the | ||||||
20 | amount
paid into the Downstate Public Transportation Fund under | ||||||
21 | Section 2-3 from
within its boundaries. Said allocations may be | ||||||
22 | exceeded for participants
receiving assistance equal to | ||||||
23 | one-third of their eligible
operating expenses, only if an | ||||||
24 | allocation is less than one-third of such
participant's | ||||||
25 | eligible operating expenses, provided, however, that no other
|
| |||||||
| |||||||
1 | participant is denied its one-third of eligible operating | ||||||
2 | expenses. Beginning
in Fiscal Year 1997, said allocation may be | ||||||
3 | exceeded for
participants receiving
assistance equal to the | ||||||
4 | percentage of their eligible operating
expenses provided for in | ||||||
5 | paragraph (b) of Section 2-7, only if
allocation is less than | ||||||
6 | the percentage of such participant's
eligible operating | ||||||
7 | expenses provided for in paragraph (b) of Section 2-7,
provided | ||||||
8 | however, that no other participant is denied its percentage
of | ||||||
9 | eligible
operating expenses.
| ||||||
10 | (b) With regard to any Metro-East Transit District | ||||||
11 | organized under the
Local Mass Transit District Act and serving | ||||||
12 | one or more of the Counties of
Madison, Monroe and St. Clair | ||||||
13 | during Fiscal Year 1989, the Department shall
allocate the | ||||||
14 | funds to be made available to each participant for the
| ||||||
15 | following and succeeding fiscal years and shall notify the | ||||||
16 | chief official
of each participant not later than the first day | ||||||
17 | of the fiscal year of this
amount. Beginning July 1, 2005, and | ||||||
18 | ending June 30, 2008, and beginning again on the effective date | ||||||
19 | of this amendatory Act of the 98th General Assembly, the | ||||||
20 | Department shall allocate the amount paid into the
Metro-East | ||||||
21 | Public Transportation Fund to the District
serving primarily | ||||||
22 | the County of Madison.
| ||||||
23 | (Source: P.A. 94-70, eff. 6-22-05; 95-708, eff. 1-18-08.)
| ||||||
24 | (30 ILCS 740/2-7) (from Ch. 111 2/3, par. 667)
| ||||||
25 | Sec. 2-7. Quarterly reports; annual audit.
|
| |||||||
| |||||||
1 | (a) Any Metro-East Transit District participant shall, no
| ||||||
2 | later than 60 days following the end of each quarter
of any | ||||||
3 | fiscal year, file
with the Department on forms provided by the | ||||||
4 | Department for that purpose, a
report of the actual operating | ||||||
5 | deficit experienced during that quarter. The
Department shall, | ||||||
6 | upon receipt of the quarterly report, determine whether
the | ||||||
7 | operating deficits were incurred in conformity with
the program | ||||||
8 | of proposed expenditures approved by the Department pursuant to
| ||||||
9 | Section 2-11. Any Metro-East District may either monthly or | ||||||
10 | quarterly for
any fiscal year file a request for the | ||||||
11 | participant's eligible share, as
allocated in accordance with | ||||||
12 | Section 2-6, of the amounts transferred into the
Metro-East | ||||||
13 | Public Transportation Fund.
| ||||||
14 | (b) Each participant other than any Metro-East Transit | ||||||
15 | District
participant shall, 30 days before the end of each | ||||||
16 | quarter, file with the
Department
on forms provided by the | ||||||
17 | Department for such purposes a report of the projected
eligible | ||||||
18 | operating expenses to be incurred in the next quarter and 30 | ||||||
19 | days
before the third and fourth quarters of any fiscal year a | ||||||
20 | statement of actual
eligible operating expenses incurred in the | ||||||
21 | preceding quarters. Except as otherwise provided in subsection | ||||||
22 | (b-5), within
45 days of receipt by the Department of such | ||||||
23 | quarterly report, the Comptroller
shall order paid and the | ||||||
24 | Treasurer shall pay from the Downstate Public
Transportation | ||||||
25 | Fund to each participant an amount equal to one-third of
such | ||||||
26 | participant's eligible operating expenses; provided, however, |
| |||||||
| |||||||
1 | that in
Fiscal Year 1997, the amount paid to each participant | ||||||
2 | from the
Downstate Public Transportation Fund shall be an | ||||||
3 | amount equal to 47% of
such participant's eligible operating | ||||||
4 | expenses and shall be increased to 49%
in Fiscal Year 1998, 51% | ||||||
5 | in Fiscal Year 1999, 53% in Fiscal Year 2000, 55%
in Fiscal | ||||||
6 | Years
2001 through 2007, and 65% in Fiscal Years Year 2008 | ||||||
7 | through 2014 and 55% in Fiscal Year 2015 and thereafter; | ||||||
8 | however, in any year that a participant
receives funding under | ||||||
9 | subsection (i) of Section 2705-305 of the Department of
| ||||||
10 | Transportation Law (20 ILCS 2705/2705-305), that participant | ||||||
11 | shall be eligible
only for assistance equal to the following | ||||||
12 | percentage of its eligible operating
expenses: 42% in Fiscal | ||||||
13 | Year 1997, 44% in Fiscal Year 1998, 46% in Fiscal Year
1999, | ||||||
14 | 48% in Fiscal Year 2000, and 50% in Fiscal Year 2001 and | ||||||
15 | thereafter. Any
such payment for the third and fourth quarters | ||||||
16 | of any fiscal year shall be
adjusted to reflect
actual eligible | ||||||
17 | operating expenses for preceding quarters of such fiscal
year. | ||||||
18 | However, no participant shall receive an amount less than that | ||||||
19 | which
was received in the immediate prior year, provided in the | ||||||
20 | event of a
shortfall in the fund those participants receiving | ||||||
21 | less than their full
allocation pursuant to Section 2-6 of this | ||||||
22 | Article shall be the first
participants to receive an amount | ||||||
23 | not less than that received in the
immediate prior year.
| ||||||
24 | (b-5) With respect to the District serving primarily the | ||||||
25 | counties of Monroe and St. Clair, beginning July 1, 2005 and | ||||||
26 | until January 18, 2008 (the effective date of Public Act |
| |||||||
| |||||||
1 | 95-708), and beginning again in Fiscal Year 2015 and each | ||||||
2 | fiscal year thereafter, the District may, as an alternative to | ||||||
3 | the provisions of subsection (b) of Section 2-7, file a request | ||||||
4 | with the Department for a monthly payment of 1/12 of the amount | ||||||
5 | appropriated to the District for that fiscal year; except that, | ||||||
6 | for the final month of the fiscal year, the District's request | ||||||
7 | shall be in an amount such that the total payments made to the | ||||||
8 | District in that fiscal year do not exceed the lesser of (i) | ||||||
9 | 55% of the District's eligible operating expenses for that | ||||||
10 | fiscal year or (ii) the total amount appropriated to the | ||||||
11 | District for that fiscal year. (Blank.)
| ||||||
12 | (b-10) (Blank). On July 1, 2008, each participant shall | ||||||
13 | receive an appropriation in an amount equal to 65% of its | ||||||
14 | fiscal year 2008 eligible operating expenses adjusted by the | ||||||
15 | annual 10% increase required by Section 2-2.04 of this Act. In | ||||||
16 | no case shall any participant receive an appropriation that is | ||||||
17 | less than its fiscal year 2008 appropriation. Every fiscal year | ||||||
18 | thereafter, each participant's appropriation shall increase by | ||||||
19 | 10% over the appropriation established for the preceding fiscal | ||||||
20 | year as required by Section 2-2.04 of this Act.
| ||||||
21 | (b-15) (Blank). Beginning on July 1, 2007, and for each | ||||||
22 | fiscal year thereafter, each participant shall maintain a | ||||||
23 | minimum local share contribution (from farebox and all other | ||||||
24 | local revenues) equal to the actual amount provided in Fiscal | ||||||
25 | Year 2006 or, for new recipients, an amount equivalent to the | ||||||
26 | local share provided in the first year of participation.
The |
| |||||||
| |||||||
1 | local share contribution shall be reduced by an amount equal to | ||||||
2 | the total amount of lost revenue for services provided under | ||||||
3 | Section 2-15.2 and Section 2-15.3 of this Act. | ||||||
4 | (b-20) (Blank). Any participant in the Downstate Public | ||||||
5 | Transportation Fund may use State operating assistance | ||||||
6 | pursuant to this Section to provide transportation services | ||||||
7 | within any county that is contiguous to its territorial | ||||||
8 | boundaries as defined by the Department and subject to | ||||||
9 | Departmental approval. Any such contiguous-area service | ||||||
10 | provided by a participant after July 1, 2007 must meet the | ||||||
11 | requirements of subsection (a) of Section 2-5.1.
| ||||||
12 | (c) No later than 180 days following the last day of the | ||||||
13 | Fiscal Year each
participant shall provide the Department with | ||||||
14 | an audit prepared by a Certified
Public Accountant covering | ||||||
15 | that Fiscal Year. For those participants other than a | ||||||
16 | Metro-East Transit
District, any discrepancy between the | ||||||
17 | grants paid and the
percentage of the eligible operating | ||||||
18 | expenses provided for by paragraph
(b) of this Section shall be | ||||||
19 | reconciled by appropriate payment or credit.
In the case of any | ||||||
20 | Metro-East Transit District, any amount of payments from
the | ||||||
21 | Metro-East Public Transportation Fund which exceed the | ||||||
22 | eligible deficit
of the participant shall be reconciled by | ||||||
23 | appropriate payment or credit.
| ||||||
24 | (Source: P.A. 94-70, eff. 6-22-05; 95-708, eff. 1-18-08; | ||||||
25 | 95-906, eff. 8-26-08.)
|
| |||||||
| |||||||
1 | (30 ILCS 740/2-15) (from Ch. 111 2/3, par. 675.1)
| ||||||
2 | Sec. 2-15. Residual fund balance. | ||||||
3 | (a) Except as otherwise provided in this Section,
all funds | ||||||
4 | which remain in the Downstate Public Transportation Fund or the
| ||||||
5 | Metro-East Public Transportation Fund after the payment of the | ||||||
6 | fourth quarterly
payment to participants other than Metro-East | ||||||
7 | Transit District
participants and the last monthly payment to | ||||||
8 | Metro-East Transit
participants in each fiscal year shall be | ||||||
9 | transferred (i) to the
General Revenue Fund through fiscal year | ||||||
10 | 2008 and (ii) to the Downstate Transit Improvement Fund for | ||||||
11 | fiscal year 2009 and each fiscal year thereafter. Transfers | ||||||
12 | shall be made no later than 90 days following the end of such | ||||||
13 | fiscal
year. Beginning fiscal year 2010, all moneys each year | ||||||
14 | in the Downstate Transit Improvement Fund, held solely for the | ||||||
15 | benefit of the participants in the Downstate Public | ||||||
16 | Transportation Fund and shall be appropriated to the Department | ||||||
17 | to make competitive capital grants to the participants of the | ||||||
18 | respective funds. However, such amount as the Department | ||||||
19 | determines to be necessary
for (1) allocation to participants | ||||||
20 | for the purposes of Section 2-7 for
the first quarter of the | ||||||
21 | succeeding fiscal year and (2) an amount equal to
2% of the | ||||||
22 | total allocations to participants in the fiscal year just ended
| ||||||
23 | to be used for the purpose of audit adjustments shall be | ||||||
24 | retained in such
Funds to be used by the Department for such | ||||||
25 | purposes.
| ||||||
26 | (b) Notwithstanding any other provision of law, in addition |
| |||||||
| |||||||
1 | to any other transfers that may be provided by law, on July 1, | ||||||
2 | 2011, or as soon thereafter as practical, the State Comptroller | ||||||
3 | shall direct and the State Treasurer shall transfer the | ||||||
4 | remaining balance from the Metro East Public Transportation | ||||||
5 | Fund into the General Revenue Fund. Upon completion of the | ||||||
6 | transfers, the Metro East Public Transportation Fund is | ||||||
7 | dissolved, and any future deposits due to that Fund and any | ||||||
8 | outstanding obligations or liabilities of that Fund pass to the | ||||||
9 | General Revenue Fund. | ||||||
10 | (Source: P.A. 97-72, eff. 7-1-11.)
| ||||||
11 | (30 ILCS 740/2-15.2 rep.) | ||||||
12 | Section 25. The Downstate Public Transportation Act is | ||||||
13 | amended by repealing Section 2-15.2. | ||||||
14 | Section 30. The Illinois Pension Code is amended by | ||||||
15 | changing Section 22-101 as follows:
| ||||||
16 | (40 ILCS 5/22-101) (from Ch. 108 1/2, par. 22-101)
| ||||||
17 | Sec. 22-101. Metropolitan Transit Authority (CTA) Pension | ||||||
18 | Fund Retirement Plan for Chicago Transit Authority Employees .
| ||||||
19 | (a) There shall be established and maintained by the | ||||||
20 | Authority created by
the "Metropolitan Transit Authority Act", | ||||||
21 | approved April 12, 1945, as
amended, (referred to in this | ||||||
22 | Section as the "Authority") a financially sound pension and | ||||||
23 | retirement system adequate to
provide for all payments when due |
| |||||||
| |||||||
1 | under such established system or as
modified from time to time | ||||||
2 | by ordinance of the Chicago Transit Board or collective | ||||||
3 | bargaining agreement . For
this purpose, the Board must make | ||||||
4 | contributions to the established system as required under this | ||||||
5 | Section and may make any additional contributions provided for | ||||||
6 | by Board ordinance or collective bargaining agreement. The | ||||||
7 | participating employees shall make
such periodic payments to | ||||||
8 | the established system as may be determined required under this | ||||||
9 | Section and may make any additional contributions provided for
| ||||||
10 | by
Board ordinance or collective bargaining agreement. The | ||||||
11 | Board, in lieu of social security payments required to
be paid | ||||||
12 | by private corporations engaged in similar activity, shall make
| ||||||
13 | payments into such established system at least equal in amount | ||||||
14 | to the
amount so required to be paid by such private | ||||||
15 | corporations. | ||||||
16 | Provisions
shall be made by the Board for all Board | ||||||
17 | members, officers, except those officers who first become | ||||||
18 | members on or after January 1, 2012, and employees of
the | ||||||
19 | Authority appointed pursuant to the "Metropolitan Transit | ||||||
20 | Authority
Act" to become, subject to reasonable rules and | ||||||
21 | regulations, members or beneficiaries participants
of the | ||||||
22 | pension or retirement system with uniform rights,
privileges, | ||||||
23 | obligations and status as to the class in which such officers
| ||||||
24 | and employees belong. The terms, conditions and provisions of | ||||||
25 | any pension
or retirement system or of any amendment or | ||||||
26 | modification thereof affecting
employees who are members of any |
| |||||||
| |||||||
1 | labor organization may be established,
amended or modified by | ||||||
2 | agreement with such labor organization, but must be consistent | ||||||
3 | with the requirements of this Section provided the terms, | ||||||
4 | conditions and provisions must be consistent with this Act, the | ||||||
5 | annual funding levels for the retirement system established by | ||||||
6 | law must be met and the benefits paid to future participants in | ||||||
7 | the system may not exceed the benefit ceilings set for future | ||||||
8 | participants under this Act and the contribution levels | ||||||
9 | required by the Authority and its employees may not be less | ||||||
10 | than the contribution levels established under this Act .
| ||||||
11 | (a-5) Beginning July 1, 2015, the Authority shall make | ||||||
12 | contributions to the retirement system in an amount which, | ||||||
13 | together with the contributions of participants, interest | ||||||
14 | earned on investments, and other income, will meet the cost of | ||||||
15 | maintaining and administering the retirement plan in | ||||||
16 | accordance with applicable actuarial recommendations and | ||||||
17 | assumptions and the requirements of this Section. These | ||||||
18 | contributions may be paid on a payroll or other periodic basis, | ||||||
19 | but shall in any case be paid at least monthly. | ||||||
20 | For retirement system fiscal years 2015 through 2058, the | ||||||
21 | minimum contribution to the retirement system to be made by the | ||||||
22 | Authority for each fiscal year shall be an amount determined | ||||||
23 | jointly by the Authority and the trustee of the retirement | ||||||
24 | system to be sufficient to bring the total assets of the | ||||||
25 | retirement system up to 90% of its total actuarial liabilities | ||||||
26 | by the end of fiscal year 2058. In making these determinations, |
| |||||||
| |||||||
1 | the required Authority contribution shall be calculated each | ||||||
2 | year as a level percentage of payroll over the years remaining | ||||||
3 | to and including fiscal year 2058 and shall be determined under | ||||||
4 | the projected unit credit actuarial cost method. Beginning in | ||||||
5 | retirement system fiscal year 2059, the minimum Authority | ||||||
6 | contribution for each fiscal year shall be the amount needed to | ||||||
7 | maintain the total assets of the retirement system at 90% of | ||||||
8 | the total actuarial liabilities of the system. | ||||||
9 | For purposes of determining employer contributions and | ||||||
10 | actuarial liabilities under this subsection, contributions and | ||||||
11 | liabilities relating to health care benefits shall not be | ||||||
12 | included. As used in this Section, "retirement system fiscal | ||||||
13 | year" means the calendar year, or such other plan year as may | ||||||
14 | be defined from time to time in the agreement known as the | ||||||
15 | Retirement Plan for Chicago Transit Authority Employees, or its | ||||||
16 | successor agreement. | ||||||
17 | (a-10) The Authority and the trustee shall jointly certify | ||||||
18 | to the Governor, the General Assembly, and the Board of the | ||||||
19 | Regional Transportation Authority on or before November 15 each | ||||||
20 | year the amount of the required Authority contributions to the | ||||||
21 | retirement system for the next retirement system fiscal year | ||||||
22 | under subsection (b). The certification shall include a copy of | ||||||
23 | the actuarial recommendations upon which it is based. In | ||||||
24 | addition, copies of the certification shall be sent to the | ||||||
25 | Commission on Government Forecasting and Accountability, the | ||||||
26 | Mayor of Chicago, the Chicago City Council, and the Cook County |
| |||||||
| |||||||
1 | Board. | ||||||
2 | (a-15) The Authority shall take all actions lawfully | ||||||
3 | available to it to separate the funding of health care benefits | ||||||
4 | for retirees and their dependents and survivors from the | ||||||
5 | funding for its retirement system. The Authority shall endeavor | ||||||
6 | to achieve this separation as soon as possible, and in any | ||||||
7 | event no later than July 1, 2015. | ||||||
8 | (a-20) This amendatory Act of the 98th General Assembly | ||||||
9 | does not affect or impair the right of either the Authority or | ||||||
10 | its employees to collectively bargain the amount or level of | ||||||
11 | employee contributions to the retirement system. | ||||||
12 | (b) (Blank). The Board of Trustees shall consist of 11 | ||||||
13 | members appointed as follows: (i) 5 trustees shall be appointed | ||||||
14 | by the Chicago Transit Board; (ii) 3 trustees shall be | ||||||
15 | appointed by an organization representing the highest number of | ||||||
16 | Chicago Transit Authority participants; (iii) one trustee | ||||||
17 | shall be appointed by an organization representing the | ||||||
18 | second-highest number of Chicago Transit Authority | ||||||
19 | participants; (iv) one trustee shall be appointed by the | ||||||
20 | recognized coalition representatives of participants who are | ||||||
21 | not represented by an organization with the highest or | ||||||
22 | second-highest number of Chicago Transit Authority | ||||||
23 | participants; and (v) one trustee shall be selected by the | ||||||
24 | Regional Transportation Authority Board of Directors, and the | ||||||
25 | trustee shall be a professional fiduciary who has experience in | ||||||
26 | the area of collectively bargained pension plans. Trustees |
| |||||||
| |||||||
1 | shall serve until a successor has been appointed and qualified, | ||||||
2 | or until resignation, death, incapacity, or disqualification. | ||||||
3 | Any person appointed as a trustee of the board shall | ||||||
4 | qualify by taking an oath of office that he or she will | ||||||
5 | diligently and honestly administer the affairs of the system | ||||||
6 | and will not knowingly violate or willfully permit the | ||||||
7 | violation of any of the provisions of law applicable to the | ||||||
8 | Plan, including Sections 1-109, 1-109.1, 1-109.2, 1-110, | ||||||
9 | 1-111, 1-114, and 1-115 of the Illinois Pension Code. | ||||||
10 | Each trustee shall cast individual votes, and a majority | ||||||
11 | vote shall be final and binding upon all interested parties, | ||||||
12 | provided that the Board of Trustees may require a supermajority | ||||||
13 | vote with respect to the investment of the assets of the | ||||||
14 | Retirement Plan, and may set forth that requirement in the | ||||||
15 | Retirement Plan documents, by-laws, or rules of the Board of | ||||||
16 | Trustees. Each trustee shall have the rights, privileges, | ||||||
17 | authority, and obligations as are usual and customary for such | ||||||
18 | fiduciaries. | ||||||
19 | The Board of Trustees may cause amounts on deposit in the | ||||||
20 | Retirement Plan to be invested in those investments that are | ||||||
21 | permitted investments for the investment of moneys held under | ||||||
22 | any one or more of the pension or retirement systems of the | ||||||
23 | State, any unit of local government or school district, or any | ||||||
24 | agency or instrumentality thereof. The Board, by a vote of at | ||||||
25 | least two-thirds of the trustees, may transfer investment | ||||||
26 | management to the Illinois State Board of Investment, which is |
| |||||||
| |||||||
1 | hereby authorized to manage these investments when so requested | ||||||
2 | by the Board of Trustees.
| ||||||
3 | Notwithstanding any other provision of this Article or any | ||||||
4 | law to the contrary, any person who first becomes a member of | ||||||
5 | the Chicago Transit Board on or after January 1, 2012 shall not | ||||||
6 | be eligible to participate in this Retirement Plan. | ||||||
7 | (c) (Blank). All individuals who were previously | ||||||
8 | participants in the Retirement Plan for Chicago Transit | ||||||
9 | Authority Employees shall remain participants, and shall | ||||||
10 | receive the same benefits established by the Retirement Plan | ||||||
11 | for Chicago Transit Authority Employees, except as provided in | ||||||
12 | this amendatory Act or by subsequent legislative enactment or | ||||||
13 | amendment to the Retirement Plan. For Authority employees hired | ||||||
14 | on or after the effective date of this amendatory Act of the | ||||||
15 | 95th General Assembly, the Retirement Plan for Chicago Transit | ||||||
16 | Authority Employees shall be the exclusive retirement plan and | ||||||
17 | such employees shall not be eligible for any supplemental plan, | ||||||
18 | except for a deferred compensation plan funded only by employee | ||||||
19 | contributions. | ||||||
20 | For all Authority employees who are first hired on or after | ||||||
21 | the effective date of this amendatory Act of the 95th General | ||||||
22 | Assembly and are participants in the Retirement Plan for | ||||||
23 | Chicago Transit Authority Employees, the following terms, | ||||||
24 | conditions and provisions with respect to retirement shall be | ||||||
25 | applicable: | ||||||
26 | (1) Such participant shall be eligible for an unreduced |
| |||||||
| |||||||
1 | retirement allowance for life upon the attainment of age 64 | ||||||
2 | with 25 years of continuous service. | ||||||
3 | (2) Such participant shall be eligible for a reduced | ||||||
4 | retirement allowance for life upon the attainment of age 55 | ||||||
5 | with 10 years of continuous service. | ||||||
6 | (3) For the purpose of determining the retirement | ||||||
7 | allowance to be paid to a retiring employee, the term | ||||||
8 | "Continuous Service" as used in the Retirement Plan for | ||||||
9 | Chicago Transit Authority Employees shall also be deemed to | ||||||
10 | include all pension credit for service with any retirement | ||||||
11 | system established under Article 8 or Article 11 of this | ||||||
12 | Code, provided that the employee forfeits and relinquishes | ||||||
13 | all pension credit under Article 8 or Article 11 of this | ||||||
14 | Code, and the contribution required under this subsection | ||||||
15 | is made by the employee. The Retirement Plan's actuary | ||||||
16 | shall determine the contribution paid by the employee as an | ||||||
17 | amount equal to the normal cost of the benefit accrued, had | ||||||
18 | the service been rendered as an employee, plus interest per | ||||||
19 | annum from the time such service was rendered until the | ||||||
20 | date the payment is made. | ||||||
21 | (d) (Blank). From the effective date of this amendatory Act | ||||||
22 | through December 31, 2008, all participating employees shall | ||||||
23 | contribute to the Retirement Plan in an amount not less than 6% | ||||||
24 | of compensation, and the Authority shall contribute to the | ||||||
25 | Retirement Plan in an amount not less than 12% of compensation.
| ||||||
26 | (e) (Blank). (1) Beginning January 1, 2009 the Authority |
| |||||||
| |||||||
1 | shall make contributions to the Retirement Plan in an amount | ||||||
2 | equal to twelve percent (12%) of compensation and participating | ||||||
3 | employees shall make contributions to the Retirement Plan in an | ||||||
4 | amount equal to six percent (6%) of compensation. These | ||||||
5 | contributions may be paid by the Authority and participating | ||||||
6 | employees on a payroll or other periodic basis, but shall in | ||||||
7 | any case be paid to the Retirement Plan at least monthly. | ||||||
8 | (2) For the period ending December 31, 2040, the amount | ||||||
9 | paid by the Authority in any year with respect to debt service | ||||||
10 | on bonds issued for the purposes of funding a contribution to | ||||||
11 | the Retirement Plan under Section 12c of the Metropolitan | ||||||
12 | Transit Authority Act, other than debt service paid with the | ||||||
13 | proceeds of bonds or notes issued by the Authority for any year | ||||||
14 | after calendar year 2008, shall be treated as a credit against | ||||||
15 | the amount of required contribution to the Retirement Plan by | ||||||
16 | the Authority under subsection (e)(1) for the following year up | ||||||
17 | to an amount not to exceed 6% of compensation paid by the | ||||||
18 | Authority in that following year.
| ||||||
19 | (3) By September 15 of each year beginning in 2009 and | ||||||
20 | ending on December 31, 2039, on the basis of a report prepared | ||||||
21 | by an enrolled actuary retained by the Plan, the Board of | ||||||
22 | Trustees of the Retirement Plan shall determine the estimated | ||||||
23 | funded ratio of the total assets of the Retirement Plan to its | ||||||
24 | total actuarially determined liabilities. A report containing | ||||||
25 | that determination and the actuarial assumptions on which it is | ||||||
26 | based shall be filed with the Authority, the representatives of |
| |||||||
| |||||||
1 | its participating employees, the Auditor General of the State | ||||||
2 | of Illinois, and the Regional Transportation Authority. If the | ||||||
3 | funded ratio is projected to decline below 60% in any year | ||||||
4 | before 2040, the Board of Trustees shall also determine the | ||||||
5 | increased contribution required each year as a level percentage | ||||||
6 | of payroll over the years remaining until 2040 using the | ||||||
7 | projected unit credit actuarial cost method so the funded ratio | ||||||
8 | does not decline below 60% and include that determination in | ||||||
9 | its report. If the actual funded ratio declines below 60% in | ||||||
10 | any year prior to 2040, the Board of Trustees shall also | ||||||
11 | determine the increased contribution required each year as a | ||||||
12 | level percentage of payroll during the years after the then | ||||||
13 | current year using the projected unit credit actuarial cost | ||||||
14 | method so the funded ratio is projected to reach at least 60% | ||||||
15 | no later than 10 years after the then current year and include | ||||||
16 | that determination in its report. Within 60 days after | ||||||
17 | receiving the report, the Auditor General shall review the | ||||||
18 | determination and the assumptions on which it is based, and if | ||||||
19 | he finds that the determination and the assumptions on which it | ||||||
20 | is based are unreasonable in the aggregate, he shall issue a | ||||||
21 | new determination of the funded ratio, the assumptions on which | ||||||
22 | it is based and the increased contribution required each year | ||||||
23 | as a level percentage of payroll over the years remaining until | ||||||
24 | 2040 using the projected unit credit actuarial cost method so | ||||||
25 | the funded ratio does not decline below 60%, or, in the event | ||||||
26 | of an actual decline below 60%, so the funded ratio is |
| |||||||
| |||||||
1 | projected to reach 60% by no later than 10 years after the then | ||||||
2 | current year. If the Board of Trustees or the Auditor General | ||||||
3 | determine that an increased contribution is required to meet | ||||||
4 | the funded ratio required by the subsection, effective January | ||||||
5 | 1 following the determination or 30 days after such | ||||||
6 | determination, whichever is later, one-third of the increased | ||||||
7 | contribution shall be paid by participating employees and | ||||||
8 | two-thirds by the Authority, in addition to the contributions | ||||||
9 | required by this subsection (1).
| ||||||
10 | (4) For the period beginning 2040, the minimum contribution | ||||||
11 | to the Retirement Plan for each fiscal year shall be an amount | ||||||
12 | determined by the Board of Trustees of the Retirement Plan to | ||||||
13 | be sufficient to bring the total assets of the Retirement Plan | ||||||
14 | up to 90% of its total actuarial liabilities by the end of | ||||||
15 | 2059. Participating employees shall be responsible for | ||||||
16 | one-third of the required contribution and the Authority shall | ||||||
17 | be responsible for two-thirds of the required contribution. In | ||||||
18 | making these determinations, the Board of Trustees shall | ||||||
19 | calculate the required contribution each year as a level | ||||||
20 | percentage of payroll over the years remaining to and including | ||||||
21 | fiscal year 2059 using the projected unit credit actuarial cost | ||||||
22 | method. A report containing that determination and the | ||||||
23 | actuarial assumptions on which it is based shall be filed by | ||||||
24 | September 15 of each year with the Authority, the | ||||||
25 | representatives of its participating employees, the Auditor | ||||||
26 | General of the State of Illinois and the Regional |
| |||||||
| |||||||
1 | Transportation Authority. If the funded ratio is projected to | ||||||
2 | fail to reach 90% by December 31, 2059, the Board of Trustees | ||||||
3 | shall also determine the increased contribution required each | ||||||
4 | year as a level percentage of payroll over the years remaining | ||||||
5 | until December 31, 2059 using the projected unit credit | ||||||
6 | actuarial cost method so the funded ratio will meet 90% by | ||||||
7 | December 31, 2059 and include that determination in its report. | ||||||
8 | Within 60 days after receiving the report, the Auditor General | ||||||
9 | shall review the determination and the assumptions on which it | ||||||
10 | is based and if he finds that the determination and the | ||||||
11 | assumptions on which it is based are unreasonable in the | ||||||
12 | aggregate, he shall issue a new determination of the funded | ||||||
13 | ratio, the assumptions on which it is based and the increased | ||||||
14 | contribution required each year as a level percentage of | ||||||
15 | payroll over the years remaining until December 31, 2059 using | ||||||
16 | the projected unit credit actuarial cost method so the funded | ||||||
17 | ratio reaches no less than 90% by December 31, 2059. If the | ||||||
18 | Board of Trustees or the Auditor General determine that an | ||||||
19 | increased contribution is required to meet the funded ratio | ||||||
20 | required by this subsection, effective January 1 following the | ||||||
21 | determination or 30 days after such determination, whichever is | ||||||
22 | later, one-third of the increased contribution shall be paid by | ||||||
23 | participating employees and two-thirds by the Authority, in | ||||||
24 | addition to the contributions required by subsection (e)(1).
| ||||||
25 | (5) Beginning in 2060, the minimum contribution for each | ||||||
26 | year shall be the amount needed to maintain the total assets of |
| |||||||
| |||||||
1 | the Retirement Plan at 90% of the total actuarial liabilities | ||||||
2 | of the Plan, and the contribution shall be funded two-thirds by | ||||||
3 | the Authority and one-third by the participating employees in | ||||||
4 | accordance with this subsection.
| ||||||
5 | (f) (Blank). The Authority shall take the steps necessary | ||||||
6 | to comply with Section 414(h)(2) of the Internal Revenue Code | ||||||
7 | of 1986, as amended, to permit the pick-up of employee | ||||||
8 | contributions under subsections (d) and (e) on a tax-deferred | ||||||
9 | basis.
| ||||||
10 | (g) (Blank). The Board of Trustees shall certify to the | ||||||
11 | Governor, the General Assembly, the Auditor General, the Board | ||||||
12 | of the Regional Transportation Authority, and the Authority at | ||||||
13 | least 90 days prior to the end of each fiscal year the amount | ||||||
14 | of the required contributions to the retirement system for the | ||||||
15 | next retirement system fiscal year under this Section. The | ||||||
16 | certification shall include a copy of the actuarial | ||||||
17 | recommendations upon which it is based. In addition, copies of | ||||||
18 | the certification shall be sent to the Commission on Government | ||||||
19 | Forecasting and Accountability and the Mayor of Chicago.
| ||||||
20 | (h) (Blank). (1) As to an employee who first becomes | ||||||
21 | entitled to a retirement
allowance commencing on or after | ||||||
22 | November 30, 1989, the
retirement allowance shall be the amount | ||||||
23 | determined in
accordance with the following formula: | ||||||
24 | (A) One percent (1%) of his "Average Annual | ||||||
25 | Compensation
in the highest four (4) completed Plan Years" | ||||||
26 | for each
full year of continuous service from the date of |
| |||||||
| |||||||
1 | original
employment to the effective date of the Plan; plus | ||||||
2 | (B) One and seventy-five hundredths percent (1.75%) of | ||||||
3 | his
"Average Annual Compensation in the highest four (4)
| ||||||
4 | completed Plan Years" for each year (including fractions
| ||||||
5 | thereof to completed calendar months) of continuous
| ||||||
6 | service as provided for in the Retirement Plan for Chicago | ||||||
7 | Transit Authority Employees. | ||||||
8 | Provided, however that: | ||||||
9 | (2) As to an employee who first becomes entitled to a | ||||||
10 | retirement
allowance commencing on or after January 1, 1993, | ||||||
11 | the retirement
allowance shall be the amount determined in | ||||||
12 | accordance with the
following formula: | ||||||
13 | (A) One percent (1%) of his "Average Annual | ||||||
14 | Compensation
in the highest four (4) completed Plan Years" | ||||||
15 | for each
full year of continuous service from the date of | ||||||
16 | original
employment to the effective date of the Plan; plus | ||||||
17 | (B) One and eighty hundredths percent (1.80%) of his
| ||||||
18 | "Average Annual Compensation in the highest four (4)
| ||||||
19 | completed Plan Years" for each year (including fractions
| ||||||
20 | thereof to completed calendar months) of continuous
| ||||||
21 | service as provided for in the Retirement Plan for Chicago | ||||||
22 | Transit Authority Employees. | ||||||
23 | Provided, however that: | ||||||
24 | (3) As to an employee who first becomes entitled to a | ||||||
25 | retirement
allowance commencing on or after January 1, 1994, | ||||||
26 | the retirement
allowance shall be the amount determined in |
| |||||||
| |||||||
1 | accordance with the
following formula: | ||||||
2 | (A) One percent (1%) of his "Average Annual | ||||||
3 | Compensation
in the highest four (4) completed Plan Years" | ||||||
4 | for each
full year of continuous service from the date of | ||||||
5 | original
employment to the effective date of the Plan; plus | ||||||
6 | (B) One and eighty-five hundredths percent (1.85%) of | ||||||
7 | his
"Average Annual Compensation in the highest four (4)
| ||||||
8 | completed Plan Years" for each year (including fractions
| ||||||
9 | thereof to completed calendar months) of continuous
| ||||||
10 | service as provided for in the Retirement Plan for Chicago | ||||||
11 | Transit Authority Employees. | ||||||
12 | Provided, however that: | ||||||
13 | (4) As to an employee who first becomes entitled to a | ||||||
14 | retirement
allowance commencing on or after January 1, 2000, | ||||||
15 | the retirement
allowance shall be the amount determined in | ||||||
16 | accordance with the
following formula: | ||||||
17 | (A) One percent (1%) of his "Average Annual | ||||||
18 | Compensation
in the highest four (4) completed Plan Years" | ||||||
19 | for each
full year of continuous service from the date of | ||||||
20 | original
employment to the effective date of the Plan; plus | ||||||
21 | (B) Two percent (2%) of his "Average Annual
| ||||||
22 | Compensation in the highest four (4) completed Plan
Years" | ||||||
23 | for each year (including fractions thereof to
completed | ||||||
24 | calendar months) of continuous service as provided for in | ||||||
25 | the Retirement Plan for Chicago Transit Authority | ||||||
26 | Employees. |
| |||||||
| |||||||
1 | Provided, however that: | ||||||
2 | (5) As to an employee who first becomes entitled to a | ||||||
3 | retirement
allowance commencing on or after January 1, 2001, | ||||||
4 | the
retirement allowance shall be the amount determined in
| ||||||
5 | accordance with the following formula: | ||||||
6 | (A) One percent (1%) of his "Average Annual | ||||||
7 | Compensation
in the highest four (4) completed Plan Years" | ||||||
8 | for each
full year of continuous service from the date of | ||||||
9 | original
employment to the effective date of the Plan; plus | ||||||
10 | (B) Two and fifteen hundredths percent (2.15%) of his
| ||||||
11 | "Average Annual Compensation in the highest four (4)
| ||||||
12 | completed Plan Years" for each year (including fractions
| ||||||
13 | thereof to completed calendar months) of continuous
| ||||||
14 | service as provided for in the Retirement Plan for Chicago | ||||||
15 | Transit Authority Employees. | ||||||
16 | The changes made by this amendatory Act of the 95th General | ||||||
17 | Assembly, to the extent that they affect the rights or | ||||||
18 | privileges of Authority employees that are currently the | ||||||
19 | subject of collective bargaining, have been agreed to between | ||||||
20 | the authorized representatives of these employees and of the | ||||||
21 | Authority prior to enactment of this amendatory Act, as | ||||||
22 | evidenced by a Memorandum of Understanding between these | ||||||
23 | representatives that will be filed with the Secretary of State | ||||||
24 | Index Department and designated as "95-GA-C05". The General | ||||||
25 | Assembly finds and declares that those changes are consistent | ||||||
26 | with 49 U.S.C. 5333(b) (also known as Section 13(c) of the |
| |||||||
| |||||||
1 | Federal Transit Act) because of this agreement between | ||||||
2 | authorized representatives of these employees and of the | ||||||
3 | Authority, and that any future amendments to the provisions of | ||||||
4 | this amendatory Act of the 95th General Assembly, to the extent | ||||||
5 | those amendments would affect the rights and privileges of | ||||||
6 | Authority employees that are currently the subject of | ||||||
7 | collective bargaining, would be consistent with 49 U.S.C. | ||||||
8 | 5333(b) if and only if those amendments were agreed to between | ||||||
9 | these authorized representatives prior to enactment. | ||||||
10 | (i) (Blank). Early retirement incentive plan; funded | ||||||
11 | ratio.
| ||||||
12 | (1) Beginning on the effective date of this Section, no | ||||||
13 | early retirement incentive shall be offered to | ||||||
14 | participants of the Plan unless the Funded Ratio of the | ||||||
15 | Plan is at least 80% or more.
| ||||||
16 | (2) For the purposes of this Section, the
Funded Ratio | ||||||
17 | shall be the Adjusted Assets divided by the Actuarial
| ||||||
18 | Accrued Liability developed in accordance with Statement | ||||||
19 | #25
promulgated by the Government Accounting Standards | ||||||
20 | Board and the
actuarial assumptions described in the Plan. | ||||||
21 | The Adjusted Assets shall be
calculated based on the | ||||||
22 | methodology described in the Plan. | ||||||
23 | (j) (Blank). Nothing in this amendatory Act of the 95th | ||||||
24 | General Assembly shall impair the rights or privileges of | ||||||
25 | Authority employees under any other law. | ||||||
26 | (k) Any individual who, on or after August 19, 2011 (the |
| |||||||
| |||||||
1 | effective date of Public Act 97-442), first becomes a | ||||||
2 | participant of the Retirement Plan shall not be paid any of the | ||||||
3 | benefits provided under this Code if he or she is convicted of | ||||||
4 | a felony relating to, arising out of, or in connection with his | ||||||
5 | or her service as a participant. | ||||||
6 | This subsection (k) shall not operate to impair any | ||||||
7 | contract or vested right acquired before August 19, 2011 (the | ||||||
8 | effective date of Public Act 97-442) under any law or laws | ||||||
9 | continued in this Code, and it shall not preclude the right to | ||||||
10 | refund. | ||||||
11 | (Source: P.A. 97-442, eff. 8-19-11; 97-609, eff. 1-1-12; | ||||||
12 | 97-813, eff. 7-13-12.)
| ||||||
13 | (40 ILCS 5/22-101B rep.) | ||||||
14 | Section 35. The Illinois Pension Code is amended by | ||||||
15 | repealing Section 22-101B. | ||||||
16 | Section 40. The Illinois Municipal Code is amended by | ||||||
17 | changing Section 8-3-19 as follows: | ||||||
18 | (65 ILCS 5/8-3-19)
| ||||||
19 | Sec. 8-3-19. Home rule real estate transfer taxes.
| ||||||
20 | (a) After the effective date of this amendatory Act of the | ||||||
21 | 93rd General
Assembly and subject
to this Section, a home rule
| ||||||
22 | municipality may impose or increase a tax or other fee on the | ||||||
23 | privilege of
transferring title to real estate, on the |
| |||||||
| |||||||
1 | privilege of transferring a beneficial interest
in real | ||||||
2 | property, and on the
privilege of
transferring a controlling | ||||||
3 | interest in a real estate entity, as the terms
"beneficial | ||||||
4 | interest", "controlling interest", and "real estate entity" | ||||||
5 | are
defined in Article 31 of
the Property Tax Code. Such a tax | ||||||
6 | or other fee shall hereafter be referred to as a
real estate | ||||||
7 | transfer tax.
| ||||||
8 | (b) Before adopting a resolution
to submit the question of | ||||||
9 | imposing or
increasing a real estate transfer tax to | ||||||
10 | referendum,
the corporate authorities shall give public notice | ||||||
11 | of and hold a public
hearing on the intent to
submit the | ||||||
12 | question to referendum. This hearing may be part of a regularly
| ||||||
13 | scheduled meeting of the corporate authorities. The
notice | ||||||
14 | shall be published not more than 30 nor less than 10
days prior | ||||||
15 | to the hearing in a newspaper of general circulation within the
| ||||||
16 | municipality. The notice shall be published in the following | ||||||
17 | form:
| ||||||
18 | Notice of Proposed (Increased) Real Estate Transfer | ||||||
19 | Tax for (commonly known
name of
municipality).
| ||||||
20 | A public hearing on a resolution to submit to | ||||||
21 | referendum the question of
a
proposed (increased) real | ||||||
22 | estate transfer
tax for (legal name of the municipality) in | ||||||
23 | an amount of (rate) to be paid by
the buyer (seller) of the | ||||||
24 | real
estate transferred will be held on (date) at (time) at | ||||||
25 | (location).
The current rate of real estate transfer tax | ||||||
26 | imposed by (name of municipality)
is (rate).
|
| |||||||
| |||||||
1 | Any person desiring to appear at the public hearing and | ||||||
2 | present testimony
to the taxing district may do so.
| ||||||
3 | (c) A notice that includes any information not specified | ||||||
4 | and required by
this Section is an invalid notice. All hearings | ||||||
5 | shall be open to the
public. At the public hearing, the | ||||||
6 | corporate authorities of the
municipality shall explain the
| ||||||
7 | reasons for the proposed or increased real estate transfer tax | ||||||
8 | and shall permit
persons
desiring to be heard an opportunity to | ||||||
9 | present testimony within reasonable
time limits determined by | ||||||
10 | the corporate authorities. A copy of the proposed
ordinance | ||||||
11 | shall be made
available to the general public for
inspection | ||||||
12 | before the public hearing.
| ||||||
13 | (d) No Except as provided in subsection (i), no
home rule | ||||||
14 | municipality shall impose a new real estate transfer tax
after | ||||||
15 | the
effective date of this amendatory Act of 1996 without prior | ||||||
16 | approval by
referendum. No Except as provided in subsection | ||||||
17 | (i), no
home rule
municipality shall impose an increase of the | ||||||
18 | rate of a current real estate
transfer tax without prior | ||||||
19 | approval by referendum. A home rule municipality
may impose a | ||||||
20 | new real estate transfer tax or may increase an existing real
| ||||||
21 | estate transfer tax with prior referendum
approval. The | ||||||
22 | referendum shall be
conducted as provided in subsection (e).
An | ||||||
23 | existing ordinance or resolution imposing a real estate | ||||||
24 | transfer tax may
be amended without approval by referendum if | ||||||
25 | the amendment does not increase
the rate of the tax or add | ||||||
26 | transactions on which the tax is imposed.
|
| |||||||
| |||||||
1 | (e) The home rule municipality shall, by resolution, | ||||||
2 | provide for submission
of the proposition to the voters. The | ||||||
3 | home rule municipality shall certify
the resolution and the | ||||||
4 | proposition to the proper election officials in
accordance with | ||||||
5 | the general election law. If the proposition is to impose
a new | ||||||
6 | real estate transfer tax, it shall be in substantially the | ||||||
7 | following
form: "Shall
(name of municipality) impose a real | ||||||
8 | estate transfer tax at a rate of
(rate) to be paid by the buyer | ||||||
9 | (seller) of the real estate transferred, with
the revenue of | ||||||
10 | the proposed transfer tax to be used for (purpose)?". If
the | ||||||
11 | proposition is to increase an existing real estate transfer | ||||||
12 | tax, it shall
be in
the following form: "Shall (name of | ||||||
13 | municipality) impose a real estate
transfer tax increase of | ||||||
14 | (percent increase) to establish a new
transfer tax rate of | ||||||
15 | (rate) to be paid by the buyer (seller) of the real
estate | ||||||
16 | transferred? The current rate of the real estate transfer tax | ||||||
17 | is
(rate), and the revenue is
used for (purpose). The revenue | ||||||
18 | from the increase is to be used for
(purpose).".
| ||||||
19 | If a majority of the electors voting on the proposition | ||||||
20 | vote in favor of
it, the municipality may impose or increase | ||||||
21 | the municipal real estate transfer
tax or fee.
| ||||||
22 | (f) Nothing in this amendatory Act of 1996 shall limit the | ||||||
23 | purposes for
which real estate transfer tax revenues may be | ||||||
24 | collected or expended.
| ||||||
25 | (g) A home rule municipality may not impose real estate
| ||||||
26 | transfer taxes other than as
authorized by this Section. This |
| |||||||
| |||||||
1 | Section is a denial and limitation of home
rule powers and | ||||||
2 | functions under subsection (g) of Section 6 of Article VII
of | ||||||
3 | the Illinois Constitution.
| ||||||
4 | (h) Notwithstanding subsection (g) of this Section, any | ||||||
5 | real estate
transfer taxes adopted
by a municipality at any | ||||||
6 | time prior to January 17, 1997 (the effective date of
Public | ||||||
7 | Act 89-701)
and any amendments to any existing real estate | ||||||
8 | transfer tax ordinance adopted
after that date, in accordance | ||||||
9 | with the law in effect at the time of the
adoption of the | ||||||
10 | amendments,
are not preempted by this amendatory
Act of the | ||||||
11 | 93rd General Assembly.
| ||||||
12 | (i) Beginning on the first day of the first month to occur | ||||||
13 | not less than 30 days after the effective date of this | ||||||
14 | amendatory Act of the 98th General Assembly, the real estate | ||||||
15 | transfer tax imposed by a home rule municipality with a | ||||||
16 | population in excess of 1,000,000 shall be reduced by a rate of | ||||||
17 | $1.50 for each $500 of value. Within 6 months after the | ||||||
18 | effective date of this amendatory Act of the 95th General | ||||||
19 | Assembly, by ordinance adopted without a referendum, a home | ||||||
20 | rule municipality with a population in excess of 1,000,000 may | ||||||
21 | increase the rate of an existing real estate transfer tax by a | ||||||
22 | rate of up to $1.50 for each $500 of value or fraction thereof, | ||||||
23 | or in the alternative may impose a real estate transfer tax at | ||||||
24 | a rate of up to $1.50 for each $500 of value or fraction | ||||||
25 | thereof, which may be on the buyer or seller of real estate, or | ||||||
26 | jointly and severally on both, for the sole purpose of |
| |||||||
| |||||||
1 | providing financial assistance to the Chicago Transit | ||||||
2 | Authority. All amounts collected under such supplemental tax, | ||||||
3 | after fees for costs of collection, shall be provided to the | ||||||
4 | Chicago Transit Authority pursuant to an intergovernmental | ||||||
5 | agreement as promptly as practicable upon their receipt. Such | ||||||
6 | municipality shall file a copy of any ordinance imposing or | ||||||
7 | increasing such tax with the Illinois Department of Revenue and | ||||||
8 | shall file a report with the Department each month certifying | ||||||
9 | the amount paid to the Chicago Transit Authority in the | ||||||
10 | previous month from the proceeds of such tax.
| ||||||
11 | (Source: P.A. 95-708, eff. 1-18-08.)
| ||||||
12 | Section 45. The Metropolitan Transit Authority Act is | ||||||
13 | amended by changing Sections 15, 28a, 34, and 46 as follows:
| ||||||
14 | (70 ILCS 3605/15) (from Ch. 111 2/3, par. 315)
| ||||||
15 | Sec. 15. The Authority shall have power to apply for and | ||||||
16 | accept grants and
loans from the Federal Government , or any | ||||||
17 | agency or instrumentality thereof, from the State, or from any | ||||||
18 | county, municipal corporation or other political subdivision | ||||||
19 | of the State
to be used for any of the purposes of the | ||||||
20 | Authority, including, but not by
way of limitation, grants and | ||||||
21 | loans in aid of mass transportation and for
studies in mass | ||||||
22 | transportation, and may provide matching funds when
necessary | ||||||
23 | to qualify for such grants or loans. The Authority may enter | ||||||
24 | into
any agreement with the Federal Government , the State, and |
| |||||||
| |||||||
1 | any county, municipal corporation or other political | ||||||
2 | subdivision of the State in relation to such grants or
loans; | ||||||
3 | provided that such agreement does not conflict with any of the
| ||||||
4 | provisions of any trust agreement securing the payment of bonds | ||||||
5 | or
certificates of the Authority.
| ||||||
6 | The Authority may also accept from the state, or from any | ||||||
7 | county or
other political subdivision, or from any municipal | ||||||
8 | corporation, or school
district, or school authorities, grants | ||||||
9 | or other funds authorized by law to
be paid to the Authority | ||||||
10 | for any of the purposes of this Act.
| ||||||
11 | (Source: P.A. 95-708, eff. 1-18-08.)
| ||||||
12 | (70 ILCS 3605/28a) (from Ch. 111 2/3, par. 328a)
| ||||||
13 | Sec. 28a. (a) The Board may deal with and enter into | ||||||
14 | written contracts with the
employees of the Authority through | ||||||
15 | accredited representatives of such
employees or | ||||||
16 | representatives of any labor organization authorized to act
for | ||||||
17 | such employees, concerning wages, salaries, hours, working | ||||||
18 | conditions
and pension or retirement provisions; provided, | ||||||
19 | nothing herein shall be
construed to permit hours of labor in | ||||||
20 | excess of those provided by law or to
permit working conditions | ||||||
21 | prohibited by law. In case of dispute over wages,
salaries, | ||||||
22 | hours, working conditions, or pension or retirement provisions
| ||||||
23 | the Board may arbitrate any question or questions and may agree | ||||||
24 | with such
accredited representatives or labor organization | ||||||
25 | that the decision of a
majority of any arbitration board shall |
| |||||||
| |||||||
1 | be final, provided each party shall
agree in advance to pay | ||||||
2 | half of the expense of such arbitration.
| ||||||
3 | No contract or agreement shall be made with any labor | ||||||
4 | organization,
association, group or individual for the | ||||||
5 | employment of members of such
organization, association, group | ||||||
6 | or individual for the construction,
improvement, maintenance, | ||||||
7 | operation or administration of any property,
plant or | ||||||
8 | facilities under the jurisdiction of the Authority, where such
| ||||||
9 | organization, association, group or individual denies on the | ||||||
10 | ground of
race, creed, color, sex, religion, physical or mental | ||||||
11 | handicap unrelated
to ability, or national origin membership | ||||||
12 | and equal opportunities for employment to
any citizen of | ||||||
13 | Illinois.
| ||||||
14 | (b)(1) The provisions of this paragraph (b) apply to | ||||||
15 | collective bargaining
agreements (including extensions and | ||||||
16 | amendments of existing agreements)
entered into on or after | ||||||
17 | January 1, 1984.
| ||||||
18 | (2) The Board shall deal with and enter into written | ||||||
19 | contracts with their
employees, through accredited | ||||||
20 | representatives of such employees authorized
to act for such | ||||||
21 | employees concerning wages, salaries, hours, working | ||||||
22 | conditions,
and pension or retirement provisions about which a | ||||||
23 | collective bargaining
agreement has been entered prior to the | ||||||
24 | effective date of this amendatory
Act of 1983. Any such | ||||||
25 | agreement of the Authority shall provide that the
agreement may | ||||||
26 | be reopened if the amended budget submitted pursuant to Section
|
| |||||||
| |||||||
1 | 2.18a of the Regional Transportation Authority Act is not | ||||||
2 | approved by the
Board of the Regional Transportation Authority. | ||||||
3 | The agreement may not include
a provision requiring the payment | ||||||
4 | of
wage increases based on changes in the Consumer Price Index.
| ||||||
5 | The Board shall not have the authority to enter into collective
| ||||||
6 | bargaining agreements with respect to inherent management | ||||||
7 | rights, which
include such areas of discretion or policy as the | ||||||
8 | functions of the employer,
standards of services, its overall | ||||||
9 | budget, the organizational structure
and selection of new | ||||||
10 | employees and direction of personnel. Employers, however,
| ||||||
11 | shall be required to bargain collectively with regard to policy | ||||||
12 | matters
directly affecting wages, hours and terms and | ||||||
13 | conditions of employment,
as well as the impact thereon upon | ||||||
14 | request by employee representatives.
To preserve the rights of | ||||||
15 | employers and exclusive representatives which
have established | ||||||
16 | collective bargaining relationships or negotiated collective
| ||||||
17 | bargaining agreements prior to the effective date of this | ||||||
18 | amendatory Act
of 1983, employers shall be required to bargain | ||||||
19 | collectively with regard
to any matter concerning wages, hours | ||||||
20 | or conditions of employment about
which they have bargained | ||||||
21 | prior to the effective date of this amendatory Act of 1983.
| ||||||
22 | (3) The collective bargaining agreement may not include a | ||||||
23 | prohibition
on the use of part-time operators on any service | ||||||
24 | operated by or funded by
the Board, except where prohibited by | ||||||
25 | federal law.
| ||||||
26 | (4) Within 30 days of the signing of any such collective |
| |||||||
| |||||||
1 | bargaining agreement,
the Board shall determine the costs of | ||||||
2 | each provision of the agreement,
prepare an amended
budget | ||||||
3 | incorporating the costs of the agreement, and present the | ||||||
4 | amended
budget to the Board of the Regional Transportation | ||||||
5 | Authority for its approval
under Section 4.11 of the Regional | ||||||
6 | Transportation Act. The Board of the
Regional Transportation | ||||||
7 | Authority may approve the amended budget by an affirmative
vote | ||||||
8 | of two-thirds 12
of its then Directors.
If the budget is not | ||||||
9 | approved by the Board of the Regional Transportation
Authority, | ||||||
10 | the agreement may
be reopened and its terms may be | ||||||
11 | renegotiated. Any amended budget which
may be prepared | ||||||
12 | following renegotiation shall be presented to the Board of
the | ||||||
13 | Regional Transportation Authority for its approval in like | ||||||
14 | manner.
| ||||||
15 | (Source: P.A. 95-708, eff. 1-18-08.)
| ||||||
16 | (70 ILCS 3605/34) (from Ch. 111 2/3, par. 334)
| ||||||
17 | Sec. 34. Budget and Program. The Authority, subject to the | ||||||
18 | powers of the
Regional Transportation Authority in Section 4.11 | ||||||
19 | of the Regional
Transportation Authority Act, shall control the | ||||||
20 | finances of the Authority. It
shall by ordinance appropriate | ||||||
21 | money to perform the Authority's purposes and
provide for | ||||||
22 | payment of debts and expenses of the Authority. Each year the
| ||||||
23 | Authority shall prepare and publish a comprehensive annual | ||||||
24 | budget and five-year capital program
document, and a financial | ||||||
25 | plan for the 2 years thereafter describing the state
of the |
| |||||||
| |||||||
1 | Authority and presenting for the forthcoming fiscal year and | ||||||
2 | the two
following years the Authority's plans for such | ||||||
3 | operations and capital
expenditures as it intends to undertake | ||||||
4 | and the means by which it intends to
finance them. The proposed | ||||||
5 | budget and ,
financial plan , and five-year capital program | ||||||
6 | shall be based on the
Regional Transportation Authority's | ||||||
7 | estimate of funds to be made available to
the Authority by or | ||||||
8 | through the Regional Transportation Authority and shall
| ||||||
9 | conform in all respects to the requirements established by the | ||||||
10 | Regional
Transportation Authority. The proposed program and | ||||||
11 | budget , financial plan, and five-year capital program shall | ||||||
12 | contain a
statement of the funds estimated to be on hand at the | ||||||
13 | beginning of the fiscal
year, the funds estimated to be | ||||||
14 | received from all sources for such year and the
funds estimated | ||||||
15 | to be on hand at the end of such year. After adoption of the
| ||||||
16 | Regional Transportation Authority's first Five-Year Program, | ||||||
17 | as provided in
Section 2.01 of the Regional Transportation | ||||||
18 | Authority Act, the proposed program
and budget shall | ||||||
19 | specifically identify any respect in which the recommended
| ||||||
20 | program deviates from the Regional Transportation Authority's | ||||||
21 | then existing
Five-Year Program, giving the reasons for such | ||||||
22 | deviation. The proposed program and budget , financial plan, and | ||||||
23 | five-year capital program shall be available at no cost for | ||||||
24 | public inspection at the
Authority's main office and at the | ||||||
25 | Regional Transportation Authority's main
office at least 3 | ||||||
26 | weeks prior to any public hearing. Before the proposed budget |
| |||||||
| |||||||
1 | and program, and the ,
financial plan, and five-year capital | ||||||
2 | program
are submitted to the Regional Transportation
| ||||||
3 | Authority, the Authority shall hold at least one public hearing | ||||||
4 | thereon in each
of the counties in which the Authority provides | ||||||
5 | service. All Board members of
the Authority shall attend a | ||||||
6 | majority of the public hearings unless reasonable
cause is | ||||||
7 | given for their absence. After the public hearings, the Board | ||||||
8 | of the
Authority shall hold at least one meeting for | ||||||
9 | consideration of the proposed
program and budget with the Cook | ||||||
10 | County Board. After conducting such hearings
and holding such | ||||||
11 | meetings and after making such changes in the proposed program | ||||||
12 | and budget , financial plan, and five-year capital program as | ||||||
13 | the Board deems appropriate, it shall adopt an annual budget
| ||||||
14 | ordinance at least by November 15th preceding the beginning of | ||||||
15 | each fiscal
year. The budget and program, and the ,
financial | ||||||
16 | plan, and five-year capital program shall then be submitted to
| ||||||
17 | the Regional Transportation Authority as provided in Section | ||||||
18 | 4.11 of the
Regional Transportation Authority Act. In the event | ||||||
19 | that the Board of the
Regional Transportation Authority | ||||||
20 | determines that the budget and program, and the ,
financial | ||||||
21 | plan, and five-year capital program do not meet the standards | ||||||
22 | of said Section 4.11, the Board of the
Authority shall make | ||||||
23 | such changes as are necessary to meet such requirements
and | ||||||
24 | adopt an amended budget ordinance. The amended budget ordinance | ||||||
25 | shall be
resubmitted to the Regional Transportation Authority | ||||||
26 | pursuant to said Section
4.11. The ordinance shall appropriate |
| |||||||
| |||||||
1 | such sums of money as are deemed
necessary to defray all | ||||||
2 | necessary expenses and obligations of the Authority,
| ||||||
3 | specifying purposes and the objects or programs for which | ||||||
4 | appropriations are
made and the amount appropriated for each | ||||||
5 | object or program.
Additional appropriations, transfers | ||||||
6 | between items and other changes in
such ordinance which do not | ||||||
7 | alter the basis upon which the balanced budget
determination | ||||||
8 | was made by the Regional Transportation Authority may be made
| ||||||
9 | from time to time by the Board.
| ||||||
10 | The budget shall:
| ||||||
11 | (i) show a balance between (A) anticipated revenues | ||||||
12 | from all sources
including operating subsidies and (B) the | ||||||
13 | costs of providing the services
specified and of funding | ||||||
14 | any operating deficits or encumbrances incurred in
prior | ||||||
15 | periods, including provision for payment when due of | ||||||
16 | principal and
interest on outstanding indebtedness;
| ||||||
17 | (ii) show cash balances including the proceeds of any | ||||||
18 | anticipated cash
flow borrowing sufficient to pay with | ||||||
19 | reasonable promptness all costs and
expenses as incurred;
| ||||||
20 | (iii) provide for a level of fares or charges and | ||||||
21 | operating or
administrative costs for the public | ||||||
22 | transportation provided by or subject to
the jurisdiction | ||||||
23 | of the Board sufficient to allow the Board to meet its
| ||||||
24 | required system generated revenue recovery ratio as | ||||||
25 | determined in accordance
with subsection (a) of Section | ||||||
26 | 4.11 of the Regional Transportation Authority
Act;
|
| |||||||
| |||||||
1 | (iv) be based upon and employ assumptions and | ||||||
2 | projections which are
reasonable and prudent;
| ||||||
3 | (v) have been prepared in accordance with sound | ||||||
4 | financial practices as
determined by the Board of the | ||||||
5 | Regional Transportation Authority;
| ||||||
6 | (vi) meet such other financial, budgetary, or fiscal | ||||||
7 | requirements that
the Board of the Regional Transportation | ||||||
8 | Authority may by rule or regulation
establish; and
| ||||||
9 | (vii) (blank). be consistent with the goals and | ||||||
10 | objectives adopted by the Regional Transportation | ||||||
11 | Authority in the Strategic Plan.
| ||||||
12 | The Board shall establish a fiscal operating year. At least | ||||||
13 | thirty
days prior to the beginning of the first full fiscal | ||||||
14 | year after the
creation of the Authority, and annually | ||||||
15 | thereafter, the Board shall cause
to be prepared a tentative | ||||||
16 | budget which shall include all operation and
maintenance | ||||||
17 | expense for the ensuing fiscal year. The tentative budget shall
| ||||||
18 | be considered by the Board and, subject to any revision and | ||||||
19 | amendments as
may be determined, shall be adopted prior to the | ||||||
20 | first day of the ensuing
fiscal year as the budget for that | ||||||
21 | year. No expenditures for operations and
maintenance in excess | ||||||
22 | of the budget shall be made during any fiscal year
except by | ||||||
23 | the affirmative vote of at least five members of the Board. It
| ||||||
24 | shall not be necessary to include in the annual budget any | ||||||
25 | statement of
necessary expenditures for pensions or retirement | ||||||
26 | annuities, or for
interest or principal payments on bonds or |
| |||||||
| |||||||
1 | certificates, or for capital
outlays, but it shall be the duty | ||||||
2 | of the Board to make provision for
payment of same from | ||||||
3 | appropriate funds. The Board may not alter its fiscal year
| ||||||
4 | without the prior approval of the Board of the Regional | ||||||
5 | Transportation
Authority.
| ||||||
6 | (Source: P.A. 95-708, eff. 1-18-08.)
| ||||||
7 | (70 ILCS 3605/46) (from Ch. 111 2/3, par. 346)
| ||||||
8 | Sec. 46. Citizens Advisory Board. The Board shall establish | ||||||
9 | a citizens
advisory board composed of 11 residents of those | ||||||
10 | portions of the metropolitan
region in which the Authority | ||||||
11 | provides service who have an interest in public
transportation, | ||||||
12 | one of whom shall be at least 65 years of age. The members
of | ||||||
13 | the advisory board shall be named for 2 year terms, shall | ||||||
14 | select one of
their members to serve as chairman and shall | ||||||
15 | serve without compensation.
The citizens advisory board shall | ||||||
16 | meet with Board at least quarterly and
advise the Board of the | ||||||
17 | impact of its policies and programs on the
communities it | ||||||
18 | serves. Appointments to the citizens advisory board should, to | ||||||
19 | the greatest extent possible, reflect the ethnic, cultural, and | ||||||
20 | geographic diversity of all persons residing within the | ||||||
21 | metropolitan region in which the Authority provides service.
| ||||||
22 | (Source: P.A. 95-708, eff. 1-18-08.)
| ||||||
23 | (70 ILCS 3605/12c rep.) | ||||||
24 | (70 ILCS 3605/50 rep.) |
| |||||||
| |||||||
1 | (70 ILCS 3605/51 rep.) | ||||||
2 | Section 50. The Metropolitan Transit Authority Act is | ||||||
3 | amended by repealing Sections 12c, 50, and 51. | ||||||
4 | (70 ILCS 3610/8.6 rep.) | ||||||
5 | Section 55. The Local Mass Transit District Act is amended | ||||||
6 | by repealing Section 8.6. | ||||||
7 | Section 60. The Regional Transportation Authority Act is | ||||||
8 | amended by changing Sections 1.02, 2.01, 2.04, 2.05, 2.09, | ||||||
9 | 2.12, 2.14, 2.18a, 2.30, 3.01, 3.03, 3.05, 3A.09, 3A.10, 3A.11, | ||||||
10 | 3A.14, 3B.02, 3B.03, 3B.05, 3B.07, 3B.09, 3B.10, 3B.11, 3B.12, | ||||||
11 | 3B.13, 4.01, 4.02, 4.02a, 4.02b, 4.03, 4.04, 4.09, 4.11, 4.13, | ||||||
12 | 4.14, and 5.01 as follows:
| ||||||
13 | (70 ILCS 3615/1.02) (from Ch. 111 2/3, par. 701.02)
| ||||||
14 | Sec. 1.02. Findings and Purpose. | ||||||
15 | (a) The General Assembly finds;
| ||||||
16 | (i) Public transportation is, as provided in Section 7 | ||||||
17 | of Article
XIII of the Illinois Constitution, an essential | ||||||
18 | public purpose for which
public funds may be expended and | ||||||
19 | that Section authorizes the State to
provide financial | ||||||
20 | assistance to units of local government for distribution
to | ||||||
21 | providers of public transportation. There is an urgent need | ||||||
22 | to reform
and continue a unit of local government to assure | ||||||
23 | the proper management
of public transportation and to |
| |||||||
| |||||||
1 | receive and distribute State or federal
operating | ||||||
2 | assistance and to raise and distribute revenues for local | ||||||
3 | operating
assistance. System generated revenues are not | ||||||
4 | adequate for
such service and a public need exists to | ||||||
5 | provide for, aid and assist
public transportation in the | ||||||
6 | northeastern area of the State, consisting
of Cook, DuPage, | ||||||
7 | Kane, Lake, McHenry and Will Counties.
| ||||||
8 | (ii) Comprehensive and coordinated regional public | ||||||
9 | transportation is
essential to the public health, safety | ||||||
10 | and welfare. It is essential to
economic well-being, | ||||||
11 | maintenance of full employment, conservation of
sources of | ||||||
12 | energy and land for open space and reduction of traffic
| ||||||
13 | congestion and for providing and maintaining a healthful | ||||||
14 | environment for
the benefit of present and future | ||||||
15 | generations in the metropolitan region.
Public | ||||||
16 | transportation
improves the mobility of the public and | ||||||
17 | improves access to jobs,
commercial facilities, schools | ||||||
18 | and cultural attractions. Public
transportation decreases | ||||||
19 | air pollution and other environmental hazards
resulting | ||||||
20 | from excessive use of automobiles and allows for more
| ||||||
21 | efficient land use and planning.
| ||||||
22 | (iii) Because system generated receipts are not | ||||||
23 | presently
adequate, public
transportation facilities and | ||||||
24 | services in the northeastern area are in
grave financial | ||||||
25 | condition. With existing methods of financing,
| ||||||
26 | coordination and management, and relative convenience of |
| |||||||
| |||||||
1 | automobiles,
such public transportation facilities are not | ||||||
2 | providing adequate public
transportation to insure the | ||||||
3 | public health, safety and welfare.
| ||||||
4 | (iv) Additional commitments to the special public | ||||||
5 | transportation problems
needs
of the handicapped disabled , | ||||||
6 | the economically disadvantaged, and the
elderly are | ||||||
7 | necessary.
| ||||||
8 | (v) To solve these problems, it is necessary to provide | ||||||
9 | for the
creation of a regional transportation authority | ||||||
10 | with the powers
necessary to insure adequate public | ||||||
11 | transportation.
| ||||||
12 | (b) The General Assembly further finds, in connection with | ||||||
13 | this amendatory
Act of 1983:
| ||||||
14 | (i) Substantial, recurring deficits in the operations | ||||||
15 | of public transportation
services subject to the | ||||||
16 | jurisdiction of the Regional Transportation Authority
and | ||||||
17 | periodic cash shortages have occurred either of which could | ||||||
18 | bring about
a loss of public transportation services | ||||||
19 | throughout the metropolitan region at any time;
| ||||||
20 | (ii) A substantial or total loss of public | ||||||
21 | transportation services or
any segment thereof would | ||||||
22 | create an emergency threatening the safety and
well-being | ||||||
23 | of the people in the northeastern area of the State; and
| ||||||
24 | (iii) To meet the urgent needs of the people of the | ||||||
25 | metropolitan region
that such an emergency be averted and | ||||||
26 | to provide financially sound methods
of managing the |
| |||||||
| |||||||
1 | provision of public transportation services in the | ||||||
2 | northeastern
area of the State, it is necessary, while | ||||||
3 | maintaining and continuing the
existing Authority, to | ||||||
4 | modify the powers and responsibilities of the Authority,
to | ||||||
5 | reallocate responsibility for operating decisions, to | ||||||
6 | change the composition
and appointment of the Board of | ||||||
7 | Directors thereof, and to immediately establish
a new Board | ||||||
8 | of Directors.
| ||||||
9 | (c) (Blank). The General Assembly further finds in | ||||||
10 | connection with this amendatory Act of the 95th General | ||||||
11 | Assembly:
| ||||||
12 | (i) The economic vitality of northeastern Illinois | ||||||
13 | requires regionwide and systemwide efforts to increase | ||||||
14 | ridership on the transit systems, constrain road | ||||||
15 | congestion within the metropolitan region, and allocate | ||||||
16 | resources for transportation so as to assist in the | ||||||
17 | development of an adequate, efficient, and coordinated | ||||||
18 | regional transportation system that is in a state of good | ||||||
19 | repair.
| ||||||
20 | (ii) To achieve the purposes of this amendatory Act of | ||||||
21 | the 95th General Assembly, the powers and duties of the | ||||||
22 | Authority must be enhanced to improve overall planning and | ||||||
23 | coordination, to achieve an integrated and efficient | ||||||
24 | regional transit system, to advance the mobility of transit | ||||||
25 | users, and to increase financial transparency of the | ||||||
26 | Authority and the Service Boards.
|
| |||||||
| |||||||
1 | (d)
It is the purpose of this Act to provide for, aid and
| ||||||
2 | assist public transportation in the northeastern area of the | ||||||
3 | State without
impairing the overall quality of existing public | ||||||
4 | transportation by
providing for the creation of a single | ||||||
5 | authority responsive to the
people and elected officials of the | ||||||
6 | area and with the power and
competence to develop, implement, | ||||||
7 | and enforce plans that promote adequate, efficient, and | ||||||
8 | coordinated public transportation, provide financial review of | ||||||
9 | the providers of public
transportation
in the metropolitan | ||||||
10 | region and facilitate public transportation provided
by | ||||||
11 | Service Boards which is attractive and economical to users, | ||||||
12 | comprehensive,
coordinated among its
various elements, | ||||||
13 | economical, safe, efficient and coordinated with area
and State | ||||||
14 | plans.
| ||||||
15 | (Source: P.A. 95-708, eff. 1-18-08.)
| ||||||
16 | (70 ILCS 3615/2.01) (from Ch. 111 2/3, par. 702.01)
| ||||||
17 | Sec. 2.01. Provision of public transportation; review and | ||||||
18 | program General Allocation of Responsibility for Public | ||||||
19 | Transportation .
| ||||||
20 | (a) In order to accomplish its the
purposes as set forth in | ||||||
21 | this Act,
the responsibility for planning, operating, and | ||||||
22 | funding public transportation in the metropolitan region shall | ||||||
23 | be allocated as described in this Act. The Authority shall: | ||||||
24 | (i) adopt plans that implement the public policy of the | ||||||
25 | State to provide adequate, efficient, and coordinated |
| |||||||
| |||||||
1 | public transportation throughout the metropolitan region;
| ||||||
2 | (ii) set goals, objectives, and standards for the | ||||||
3 | Authority, the Service Boards, and transportation | ||||||
4 | agencies;
| ||||||
5 | (iii) develop performance measures to inform the | ||||||
6 | public about the extent to which the provision of public | ||||||
7 | transportation in the metropolitan region meets those | ||||||
8 | goals, objectives, and standards;
| ||||||
9 | (iv) allocate operating and capital funds made | ||||||
10 | available to support public transportation in the | ||||||
11 | metropolitan region;
| ||||||
12 | (v) provide financial oversight of the Service Boards; | ||||||
13 | and
| ||||||
14 | (vi) coordinate the provision of public transportation | ||||||
15 | and the investment in public transportation facilities to | ||||||
16 | enhance the integration of public transportation | ||||||
17 | throughout the metropolitan region, all as provided in this | ||||||
18 | Act.
| ||||||
19 | The
Service Boards shall, on a continuing basis determine
| ||||||
20 | the level, nature
and kind of public transportation which | ||||||
21 | should be provided for the
metropolitan region in order to meet | ||||||
22 | the plans, goals, objectives, and standards adopted by the | ||||||
23 | Authority . The Service Boards may provide public | ||||||
24 | transportation
by purchasing
such service from transportation | ||||||
25 | agencies through purchase of service
agreements, by grants to | ||||||
26 | such agencies or by operating such service, all
pursuant to |
| |||||||
| |||||||
1 | this Act and the "Metropolitan Transit Authority
Act", as now | ||||||
2 | or hereafter amended. The Authority shall establish a policy to | ||||||
3 | provide adequate public transportation throughout the | ||||||
4 | metropolitan region Certain of its actions to implement the | ||||||
5 | responsibilities allocated to the Authority in this subsection | ||||||
6 | (a) shall be taken in 3 public documents adopted by the | ||||||
7 | affirmative vote of at least 12 of its then Directors: A | ||||||
8 | Strategic Plan; a Five-Year Capital Program; and an Annual | ||||||
9 | Budget and Two-Year Financial Plan .
| ||||||
10 | (b) The Authority shall subject the operating and capital | ||||||
11 | plans and
expenditures of the Service Boards in the
| ||||||
12 | metropolitan region with
regard to public transportation to | ||||||
13 | continuing review so that
the Authority may budget and expend | ||||||
14 | its funds with maximum effectiveness
and efficiency. Certain of | ||||||
15 | its recommendations in this regard shall be
set forth in 2 | ||||||
16 | public documents, the Five-Year Program provided for in
this | ||||||
17 | Section and an Annual Budget and Program provided for in | ||||||
18 | Section
4.01. | ||||||
19 | (c) The Authority shall, in consultation with the Service | ||||||
20 | Boards,
each year prepare and, by ordinance, adopt,
after | ||||||
21 | public hearings held in each county in the metropolitan region, | ||||||
22 | a
Five-Year Program to inform the public and government | ||||||
23 | officials of the
Authority's objectives and program for | ||||||
24 | operations and capital
development during the forthcoming | ||||||
25 | five-year period. The Five-Year
Program shall set forth the | ||||||
26 | standards of service which the public may
expect; each Service |
| |||||||
| |||||||
1 | Board's plans for coordinating routes and service
of the | ||||||
2 | various
transportation agencies; the anticipated expense of | ||||||
3 | providing public
transportation at standards of service then | ||||||
4 | existing and under
alternative operating programs; the nature, | ||||||
5 | location and expense of
anticipated capital improvements | ||||||
6 | exceeding $250,000, by specific item
and by fiscal year; and | ||||||
7 | such demographic and other data developed by
planning and other | ||||||
8 | related agencies, as the Authority shall consider
pertinent to | ||||||
9 | the Service Boards' decisions as to levels
and nature of
| ||||||
10 | service, including without limitation the patterns of | ||||||
11 | population density
and growth, projected commercial and | ||||||
12 | residential development,
environmental factors and the | ||||||
13 | availability of alternative modes of
transportation. The | ||||||
14 | Five-Year Program shall be adopted on
the affirmative votes of | ||||||
15 | 9 of the then Directors. The Authority shall conduct audits of | ||||||
16 | each of the Service Boards no less than every 5 years. Such | ||||||
17 | audits may include management, performance, financial, and | ||||||
18 | infrastructure condition audits. The Authority may conduct | ||||||
19 | management, performance, financial, and infrastructure | ||||||
20 | condition audits of transportation agencies that receive funds | ||||||
21 | from the Authority. The Authority may direct a Service Board to | ||||||
22 | conduct any such audit of a transportation agency that receives | ||||||
23 | funds from such Service Board, and the Service Board shall | ||||||
24 | comply with such request to the extent it has the right to do | ||||||
25 | so. These audits of the Service Boards or transportation | ||||||
26 | agencies may be project or service specific audits to evaluate |
| |||||||
| |||||||
1 | their achievement of the goals and objectives of that project | ||||||
2 | or service and their compliance with any applicable | ||||||
3 | requirements.
| ||||||
4 | (Source: P.A. 95-708, eff. 1-18-08.)
| ||||||
5 | (70 ILCS 3615/2.04) (from Ch. 111 2/3, par. 702.04)
| ||||||
6 | Sec. 2.04. Fares and Nature of Service. | ||||||
7 | (a) Whenever a Service Board provides any public | ||||||
8 | transportation by
operating public transportation facilities, | ||||||
9 | the Service Board
shall provide for the level and nature of | ||||||
10 | fares or charges to be made for
such services, and the nature | ||||||
11 | and standards of public transportation to
be so provided that | ||||||
12 | meet the goals and objectives adopted by the Authority in the | ||||||
13 | Strategic Plan . Provided, however that if the Board adopts a | ||||||
14 | budget and
financial plan for a Service Board in accordance | ||||||
15 | with the provisions in
Section 4.11(b)(5), the Board may | ||||||
16 | consistent with the terms of any purchase
of service contract | ||||||
17 | provide for the level and nature of fares
to be made for such | ||||||
18 | services under the jurisdiction of that Service Board,
and the | ||||||
19 | nature and standards of public transportation to be so | ||||||
20 | provided. | ||||||
21 | (b) Whenever a Service Board provides any public | ||||||
22 | transportation
pursuant to grants made after June 30, 1975, to | ||||||
23 | transportation agencies
for operating expenses (other than | ||||||
24 | with regard to experimental programs)
or pursuant to any | ||||||
25 | purchase of service agreement, the purchase of service
|
| |||||||
| |||||||
1 | agreement or grant contract shall provide for the level and | ||||||
2 | nature of fares
or charges to be made for such services, and | ||||||
3 | the nature and standards of
public transportation to be so | ||||||
4 | provided. A Service Board
shall require all transportation | ||||||
5 | agencies with which it contracts, or from
which it purchases | ||||||
6 | transportation services or to which it makes grants to
provide | ||||||
7 | half fare transportation for their student riders if any of | ||||||
8 | such
agencies provide for half fare transportation to their | ||||||
9 | student riders. | ||||||
10 | (c) In so providing for the fares or charges and the nature | ||||||
11 | and standards of
public transportation, any purchase of service | ||||||
12 | agreements or grant contracts
shall provide, among other | ||||||
13 | matters, for the terms or cost of transfers
or interconnections | ||||||
14 | between different modes of transportation and
different public | ||||||
15 | transportation agencies, schedules or routes of such
service, | ||||||
16 | changes which may be made in such service, the nature and
| ||||||
17 | condition of the facilities used in providing service, the | ||||||
18 | manner of
collection and disposition of fares or charges, the | ||||||
19 | records and reports
to be kept and made concerning such | ||||||
20 | service, and for interchangeable
tickets or other coordinated | ||||||
21 | or uniform methods of collection of
charges , and shall further | ||||||
22 | require that the transportation agency comply with any | ||||||
23 | determination made by the Board of the Authority under and | ||||||
24 | subject to the provisions of Section 2.12b of this Act . In | ||||||
25 | regard to any such service, the Authority and the Service
| ||||||
26 | Boards shall give
attention to and may undertake programs to |
| |||||||
| |||||||
1 | promote use of public
transportation and to provide coordinated | ||||||
2 | ticket sales and passenger
information. In the case of a grant | ||||||
3 | to a transportation agency which
remains subject to Illinois | ||||||
4 | Commerce Commission supervision and
regulation, the Service | ||||||
5 | Boards shall exercise the powers
set forth in this
Section in a | ||||||
6 | manner consistent with such supervision and regulation by
the | ||||||
7 | Illinois Commerce Commission. | ||||||
8 | (d) By January 1, 2013, the Authority, in consultation with | ||||||
9 | the Service Boards and the general public, must develop a | ||||||
10 | policy regarding transfer fares on all fixed-route public | ||||||
11 | transportation services provided by the Service Boards. The | ||||||
12 | policy shall also set forth the fare sharing agreements between | ||||||
13 | the Service Boards that apply to interagency fare passes and | ||||||
14 | tickets. The policy established by the Authority shall be | ||||||
15 | submitted to each of the Service Boards for its approval or | ||||||
16 | comments and objection. After receiving the policy, the Service | ||||||
17 | Boards have 90 days to approve or take other action regarding | ||||||
18 | the policy. If all of the Service Boards agree to the policy, | ||||||
19 | then a regional agreement shall be created and signed by each | ||||||
20 | of the Service Boards.
The terms of the agreement may be | ||||||
21 | changed upon petition by any of the Service Boards and by | ||||||
22 | agreement of the other Service Boards. | ||||||
23 | (e) By January 1, 2015, the Authority must develop and | ||||||
24 | implement a regional fare payment system. The regional fare | ||||||
25 | payment system must use and conform with established | ||||||
26 | information security industry standards and requirements of |
| |||||||
| |||||||
1 | the financial industry. The system must allow consumers to use | ||||||
2 | contactless credit cards, debit cards, and prepaid cards to pay | ||||||
3 | for all fixed-route public transportation services. Beginning | ||||||
4 | in 2012 and each year thereafter until 2015, the Authority must | ||||||
5 | submit an annual report to the Governor and General Assembly | ||||||
6 | describing the progress of the Authority and each of the | ||||||
7 | Service Boards in implementing the regional fare payment | ||||||
8 | system. The Authority must adopt rules to implement the | ||||||
9 | requirements set forth in this Section.
| ||||||
10 | (Source: P.A. 97-85, eff. 7-7-11.)
| ||||||
11 | (70 ILCS 3615/2.05) (from Ch. 111 2/3, par. 702.05)
| ||||||
12 | Sec. 2.05. Centralized Services; Acquisition and | ||||||
13 | Construction. | ||||||
14 | (a) The Authority may at the
request of two or more Service | ||||||
15 | Boards, serve, or designate a Service Board
to serve, as a | ||||||
16 | centralized purchasing agent for the Service Boards so | ||||||
17 | requesting.
| ||||||
18 | (b) The Authority may at the request of two or more Service | ||||||
19 | Boards perform
other centralized services such as ridership | ||||||
20 | information and transfers between
services under the | ||||||
21 | jurisdiction of the Service Boards where such centralized
| ||||||
22 | services financially benefit the region as a whole. Provided, | ||||||
23 | however,
that the Board may require transfers only upon an | ||||||
24 | affirmative vote of 9 12
of its then Directors.
| ||||||
25 | (c) A Service Board or the Authority may for the benefit of |
| |||||||
| |||||||
1 | a Service
Board, to meet its purposes, construct or acquire any | ||||||
2 | public
transportation facility for use by a Service Board
or | ||||||
3 | for use by any
transportation agency and may acquire any such | ||||||
4 | facilities from any
transportation agency, including also | ||||||
5 | without limitation any reserve funds,
employees' pension or | ||||||
6 | retirement funds, special funds, franchises,
licenses, | ||||||
7 | patents, permits and papers, documents and records of the | ||||||
8 | agency.
In connection with any such acquisition from a | ||||||
9 | transportation agency the
Authority may assume obligations of | ||||||
10 | the transportation agency with regard
to such facilities or | ||||||
11 | property or public transportation operations of such
agency.
| ||||||
12 | In connection with any construction or acquisition, the | ||||||
13 | Authority shall
make relocation payments as may be required by | ||||||
14 | federal law or by the
requirements of any federal agency | ||||||
15 | authorized to administer any federal
program of aid.
| ||||||
16 | (d) (Blank). The Authority shall, after consulting with the | ||||||
17 | Service Boards, develop regionally coordinated and | ||||||
18 | consolidated sales, marketing, advertising, and public | ||||||
19 | information programs that promote the use and coordination of, | ||||||
20 | and transfers among, public transportation services in the | ||||||
21 | metropolitan region. The Authority shall develop and adopt, | ||||||
22 | with the affirmative vote of at least 12 of its then Directors, | ||||||
23 | rules and regulations for the Authority and the Service Boards | ||||||
24 | regarding such programs to ensure that the Service Boards' | ||||||
25 | independent programs conform with the Authority's regional | ||||||
26 | programs.
|
| |||||||
| |||||||
1 | (Source: P.A. 95-708, eff. 1-18-08.)
| ||||||
2 | (70 ILCS 3615/2.09) (from Ch. 111 2/3, par. 702.09)
| ||||||
3 | Sec. 2.09. Research and Development. | ||||||
4 | (a) The Authority and the Service
Boards shall study public | ||||||
5 | transportation problems and
developments; encourage | ||||||
6 | experimentation in developing new public
transportation | ||||||
7 | technology, financing methods, and management procedures;
| ||||||
8 | conduct, in cooperation with other public and private agencies, | ||||||
9 | studies and
demonstration and development projects to test and | ||||||
10 | develop methods for
improving public transportation, for | ||||||
11 | reducing its costs to users or for
increasing public use; and | ||||||
12 | conduct, sponsor, and participate in other
studies and | ||||||
13 | experiments, which may include fare demonstration programs,
| ||||||
14 | useful to achieving the purposes of this Act.
The cost for any | ||||||
15 | such item authorized by this Section may be exempted
by the | ||||||
16 | Board in a budget ordinance from the "costs" included in | ||||||
17 | determining
that the Authority and its service
boards meet the | ||||||
18 | farebox recovery ratio or system generated revenues recovery
| ||||||
19 | ratio requirements of Sections 3A.10, 3B.10, 4.01(b), 4.09 and | ||||||
20 | 4.11 of this
Act and Section 34 of the Metropolitan Transit | ||||||
21 | Authority Act during the
Authority's fiscal year which begins | ||||||
22 | January 1, 1986 and ends December 31,
1986, provided that the | ||||||
23 | cost of any item authorized herein must be
specifically | ||||||
24 | approved within the budget adopted pursuant to Sections 4.01
| ||||||
25 | and 4.11 of this Act for that fiscal year.
|
| |||||||
| |||||||
1 | (b) (Blank). To improve public transportation service in | ||||||
2 | areas of the metropolitan region with limited access to | ||||||
3 | commuter rail service, the Authority and the Suburban Bus | ||||||
4 | Division shall evaluate the feasibility of implementing new bus | ||||||
5 | rapid transit services using the expressway and tollway systems | ||||||
6 | in the metropolitan region. The Illinois Department of | ||||||
7 | Transportation and the Illinois Toll Highway Authority shall | ||||||
8 | work cooperatively with the Authority and the Suburban Bus | ||||||
9 | Division in that evaluation and in the implementation of bus | ||||||
10 | rapid transit services. The Authority and the Suburban Bus | ||||||
11 | Division, in cooperation with the Illinois Department of | ||||||
12 | Transportation, shall develop a bus rapid transit | ||||||
13 | demonstration project on Interstate 55 located in Will, DuPage, | ||||||
14 | and Cook Counties. This demonstration project shall test and | ||||||
15 | refine approaches to bus rapid transit operations in the | ||||||
16 | expressway or tollway shoulder or regular travel lanes and | ||||||
17 | shall investigate technology options that facilitate the | ||||||
18 | shared use of the transit lane and provide revenue for | ||||||
19 | financing construction and operation of public transportation | ||||||
20 | facilities.
| ||||||
21 | (c) (Blank). The Suburban Bus Division and the Authority | ||||||
22 | shall cooperate in the development, funding, and operation of | ||||||
23 | programs to enhance access to job markets for residents in | ||||||
24 | south suburban Cook County. Beginning in 2008, the Authority | ||||||
25 | shall allocate to the Suburban Bus Division an amount not less | ||||||
26 | than $3,750,000, and beginning in 2009 an amount not less than |
| |||||||
| |||||||
1 | $7,500,000 annually for the costs of such programs.
| ||||||
2 | (Source: P.A. 95-708, eff. 1-18-08.)
| ||||||
3 | (70 ILCS 3615/2.12) (from Ch. 111 2/3, par. 702.12)
| ||||||
4 | Sec. 2.12. Coordination with Planning Agencies. The | ||||||
5 | Authority and the Service Boards shall cooperate with the | ||||||
6 | various
public agencies charged
with responsibility for | ||||||
7 | long-range or comprehensive planning for the
metropolitan | ||||||
8 | region. The Authority shall utilize the official forecasts and | ||||||
9 | plans of the Chicago Metropolitan Agency for Planning in | ||||||
10 | developing the Strategic Plan and the Five-Year Capital | ||||||
11 | Program. The Authority and the Service Boards shall, prior
to | ||||||
12 | the adoption of any
Strategic Plan, as provided in Section | ||||||
13 | 2.01a of this Act, or the adoption of any Five-Year Capital
| ||||||
14 | Program, as provided in subsection (b) of Section 2.01 2.01b
of | ||||||
15 | this
Act, submit its proposals to such agencies for review and | ||||||
16 | comment. The
Authority and the Service Boards may make use of | ||||||
17 | existing studies, surveys,
plans, data and other materials in | ||||||
18 | the possession of any State agency or
department, any planning | ||||||
19 | agency or any unit of local government.
| ||||||
20 | (Source: P.A. 95-708, eff. 1-18-08.)
| ||||||
21 | (70 ILCS 3615/2.14) (from Ch. 111 2/3, par. 702.14)
| ||||||
22 | Sec. 2.14. Appointment of Officers and Employees. The | ||||||
23 | Authority may appoint,
retain and employ officers, attorneys, | ||||||
24 | agents, engineers and employees.
The officers shall include an |
| |||||||
| |||||||
1 | Executive Director, who shall be the chief
executive officer of | ||||||
2 | the Authority, appointed by the Chairman with the concurrence
| ||||||
3 | of 9 11
of the other then Directors of the Board. The Executive | ||||||
4 | Director
shall organize the staff of the Authority, shall
| ||||||
5 | allocate their functions and duties, shall transfer such staff | ||||||
6 | to the
Suburban Bus Division and the Commuter Rail
Division as | ||||||
7 | is sufficient to meet their purposes, shall fix compensation
| ||||||
8 | and conditions of employment of the staff of the Authority, and | ||||||
9 | consistent
with the policies of and direction from the Board, | ||||||
10 | take all actions
necessary to achieve its purposes, fulfill
its | ||||||
11 | responsibilities and carry out its powers, and shall have such | ||||||
12 | other
powers and responsibilities as the Board shall determine. | ||||||
13 | The Executive
Director must be an individual
of proven | ||||||
14 | transportation and management skills and may not be a member of
| ||||||
15 | the Board. The Authority may employ its own professional
| ||||||
16 | management personnel to provide professional and technical | ||||||
17 | expertise concerning
its purposes and powers and to assist it | ||||||
18 | in assessing the performance of the
Service Boards in the | ||||||
19 | metropolitan region.
| ||||||
20 | No unlawful discrimination, as defined and prohibited in | ||||||
21 | the Illinois Human
Rights Act, shall be made in any term or | ||||||
22 | aspect of employment
nor shall there be discrimination based | ||||||
23 | upon political reasons or
factors. The Authority shall | ||||||
24 | establish regulations to insure that its
discharges shall not | ||||||
25 | be arbitrary and that hiring and promotion are
based on merit.
| ||||||
26 | The Authority shall be subject to the "Illinois Human |
| |||||||
| |||||||
1 | Rights
Act", as now or hereafter amended, and the remedies and | ||||||
2 | procedure
established thereunder. The Authority shall file an | ||||||
3 | affirmative action
program for employment by it with the | ||||||
4 | Department of Human Rights to ensure
that applicants are
| ||||||
5 | employed and that employees are treated during employment, | ||||||
6 | without
regard to unlawful discrimination. Such affirmative
| ||||||
7 | action program shall include provisions relating to hiring, | ||||||
8 | upgrading,
demotion, transfer, recruitment, recruitment | ||||||
9 | advertising, selection for
training and rates of pay or other | ||||||
10 | forms of compensation.
| ||||||
11 | (Source: P.A. 95-708, eff. 1-18-08.)
| ||||||
12 | (70 ILCS 3615/2.18a) (from Ch. 111 2/3, par. 702.18a)
| ||||||
13 | Sec. 2.18a. (a) The provisions of this Section apply to | ||||||
14 | collective bargaining
agreements (including extensions and | ||||||
15 | amendments to existing agreements)
between Service Boards or | ||||||
16 | transportation agencies subject to the jurisdiction
of Service | ||||||
17 | Boards and their employees, which are entered into after | ||||||
18 | January 1, 1984.
| ||||||
19 | (b) The Authority shall approve amended budgets prepared by | ||||||
20 | Service Boards
which incorporate the costs of collective | ||||||
21 | bargaining agreements between
Service Boards and their | ||||||
22 | employees. The Authority shall approve such an
amended budget | ||||||
23 | provided that it determines by the affirmative vote of 9 12
of | ||||||
24 | its then members that the amended budget meets the standards | ||||||
25 | established
in Section 4.11.
|
| |||||||
| |||||||
1 | (Source: P.A. 95-708, eff. 1-18-08.)
| ||||||
2 | (70 ILCS 3615/2.30) | ||||||
3 | Sec. 2.30. Paratransit services. | ||||||
4 | (a) For purposes of this Act, "ADA paratransit services" | ||||||
5 | shall mean those comparable or specialized transportation | ||||||
6 | services provided by, or under grant or purchase of service | ||||||
7 | contracts of, the Service Boards to individuals with | ||||||
8 | disabilities who are unable to use fixed route transportation | ||||||
9 | systems and who are determined to be eligible, for some or all | ||||||
10 | of their trips, for such services under the Americans with | ||||||
11 | Disabilities Act of 1990 and its implementing regulations. | ||||||
12 | (b) Beginning July 1, 2005, the Authority is responsible | ||||||
13 | for the funding, from amounts on deposit in the ADA Paratransit | ||||||
14 | Fund established under Section 2.01d of this Act, financial | ||||||
15 | review and oversight of all ADA paratransit services that are | ||||||
16 | provided by the Authority or by any of the Service Boards. The | ||||||
17 | Suburban Bus Board shall operate or provide for the operation | ||||||
18 | of all ADA paratransit services by no later than July 1, 2006, | ||||||
19 | except that this date may be extended to the extent necessary | ||||||
20 | to obtain approval from the Federal Transit Administration of | ||||||
21 | the plan prepared pursuant to subsection (c). | ||||||
22 | (c) No later than January 1, 2006, the Authority, in | ||||||
23 | collaboration with the Suburban Bus Board and the Chicago | ||||||
24 | Transit Authority, shall develop a plan for the provision of | ||||||
25 | ADA paratransit services and submit such plan to the Federal |
| |||||||
| |||||||
1 | Transit Administration for approval. Approval of such plan by | ||||||
2 | the Authority shall require the affirmative votes of 9 12
of | ||||||
3 | the then Directors. The Suburban Bus Board, the Chicago Transit | ||||||
4 | Authority and the Authority shall comply with the requirements | ||||||
5 | of the Americans with Disabilities Act of 1990 and its | ||||||
6 | implementing regulations in developing and approving such plan | ||||||
7 | including, without limitation, consulting with individuals | ||||||
8 | with disabilities and groups representing them in the | ||||||
9 | community, and providing adequate opportunity for public | ||||||
10 | comment and public hearings. The plan shall include the | ||||||
11 | contents required for a paratransit plan pursuant to the | ||||||
12 | Americans with Disabilities Act of 1990 and its implementing | ||||||
13 | regulations. The plan shall also include, without limitation, | ||||||
14 | provisions to: | ||||||
15 | (1) maintain, at a minimum, the levels of ADA | ||||||
16 | paratransit service that are required to be provided by the | ||||||
17 | Service Boards pursuant to the Americans with Disabilities | ||||||
18 | Act of 1990 and its implementing regulations; | ||||||
19 | (2) transfer the appropriate ADA paratransit services, | ||||||
20 | management, personnel, service contracts and assets from | ||||||
21 | the Chicago Transit Authority to the Authority or the | ||||||
22 | Suburban Bus Board, as necessary, by no later than July 1, | ||||||
23 | 2006, except that this date may be extended to the extent | ||||||
24 | necessary to obtain approval from the Federal Transit | ||||||
25 | Administration of the plan prepared pursuant to this | ||||||
26 | subsection (c); |
| |||||||
| |||||||
1 | (3) provide for consistent policies throughout the | ||||||
2 | metropolitan region for scheduling of ADA paratransit | ||||||
3 | service trips to and from destinations, with consideration | ||||||
4 | of scheduling of return trips on a "will-call" open-ended | ||||||
5 | basis upon request of the rider, if practicable, and with | ||||||
6 | consideration of an increased number of trips available by | ||||||
7 | subscription service than are available as of the effective | ||||||
8 | date of this amendatory Act; | ||||||
9 | (4) provide that service contracts and rates, entered | ||||||
10 | into or set after the approval by the Federal Transit | ||||||
11 | Administration of the plan prepared pursuant to subsection | ||||||
12 | (c) of this Section, with private carriers and taxicabs for | ||||||
13 | ADA paratransit service are procured by means of an open | ||||||
14 | procurement process; | ||||||
15 | (5) provide for fares, fare collection and billing | ||||||
16 | procedures for ADA paratransit services throughout the | ||||||
17 | metropolitan region; | ||||||
18 | (6) provide for performance standards for all ADA | ||||||
19 | paratransit service transportation carriers, with | ||||||
20 | consideration of door-to-door service; | ||||||
21 | (7) provide, in cooperation with the Illinois | ||||||
22 | Department of Transportation, the Illinois Department of | ||||||
23 | Public Aid and other appropriate public agencies and | ||||||
24 | private entities, for the application and receipt of | ||||||
25 | grants, including, without limitation, reimbursement from | ||||||
26 | Medicaid or other programs for ADA paratransit services; |
| |||||||
| |||||||
1 | (8) provide for a system of dispatch of ADA paratransit | ||||||
2 | services transportation carriers throughout the | ||||||
3 | metropolitan region, with consideration of county-based | ||||||
4 | dispatch systems already in place as of the effective date | ||||||
5 | of this amendatory Act; | ||||||
6 | (9) provide for a process of determining eligibility | ||||||
7 | for ADA paratransit services that complies with the | ||||||
8 | Americans with Disabilities Act of 1990 and its | ||||||
9 | implementing regulations; | ||||||
10 | (10) provide for consideration of innovative methods | ||||||
11 | to provide and fund ADA paratransit services; and | ||||||
12 | (11) provide for the creation of one or more ADA | ||||||
13 | advisory boards, or the reconstitution of the existing ADA | ||||||
14 | advisory boards for the Service Boards, to represent the | ||||||
15 | diversity of individuals with disabilities in the | ||||||
16 | metropolitan region and to provide appropriate ongoing | ||||||
17 | input from individuals with disabilities into the | ||||||
18 | operation of ADA paratransit services.
| ||||||
19 | (d) All revisions and annual updates to the ADA paratransit | ||||||
20 | services plan developed pursuant to subsection (c) of this | ||||||
21 | Section, or certifications of continued compliance in lieu of | ||||||
22 | plan updates, that are required to be provided to the Federal | ||||||
23 | Transit Administration shall be developed by the Authority, in | ||||||
24 | collaboration with the Suburban Bus Board and the Chicago | ||||||
25 | Transit Authority, and the Authority shall submit such | ||||||
26 | revision, update or certification to the Federal Transit |
| |||||||
| |||||||
1 | Administration for approval. Approval of such revisions, | ||||||
2 | updates or certifications by the Authority shall require the | ||||||
3 | affirmative votes of 9 12
of the then Directors. | ||||||
4 | (e) The Illinois Department of Transportation, the | ||||||
5 | Illinois Department of Public Aid, the Authority, the Suburban | ||||||
6 | Bus Board and the Chicago Transit Authority shall enter into | ||||||
7 | intergovernmental agreements as may be necessary to provide | ||||||
8 | funding and accountability for, and implementation of, the | ||||||
9 | requirements of this Section. | ||||||
10 | (f) By no later than April 1, 2007, the Authority shall | ||||||
11 | develop and submit to the General Assembly and the Governor a | ||||||
12 | funding plan for ADA paratransit services. Approval of such | ||||||
13 | plan by the Authority shall require the affirmative votes of 9 | ||||||
14 | 12
of the then Directors. The funding plan shall, at a minimum, | ||||||
15 | contain an analysis of the current costs of providing ADA | ||||||
16 | paratransit services, projections of the long-term costs of | ||||||
17 | providing ADA paratransit services, identification of and | ||||||
18 | recommendations for possible cost efficiencies in providing | ||||||
19 | ADA paratransit services, and identification of and | ||||||
20 | recommendations for possible funding sources for providing ADA | ||||||
21 | paratransit services. The Illinois Department of | ||||||
22 | Transportation, the Illinois Department of Public Aid, the | ||||||
23 | Suburban Bus Board, the Chicago Transit Authority and other | ||||||
24 | State and local public agencies as appropriate shall cooperate | ||||||
25 | with the Authority in the preparation of such funding plan. | ||||||
26 | (g) Any funds derived from the federal Medicaid program for |
| |||||||
| |||||||
1 | reimbursement of the costs of providing ADA paratransit | ||||||
2 | services within the metropolitan region shall be directed to | ||||||
3 | the Authority and shall be used to pay for or reimburse the | ||||||
4 | costs of providing such services. | ||||||
5 | (h) Nothing in this amendatory Act shall be construed to | ||||||
6 | conflict with the requirements of the Americans with | ||||||
7 | Disabilities Act of 1990 and its implementing regulations.
| ||||||
8 | (Source: P.A. 94-370, eff. 7-29-05; 95-708, eff. 1-18-08.)
| ||||||
9 | (70 ILCS 3615/3.01) (from Ch. 111 2/3, par. 703.01)
| ||||||
10 | Sec. 3.01. Board of Directors. The
corporate authorities | ||||||
11 | and governing body of the Authority shall
be a Board consisting | ||||||
12 | of 13 Directors until April 1, 2008, and 16 Directors until the | ||||||
13 | effective date of this amendatory Act of the 98th General | ||||||
14 | Assembly, and 13 Directors thereafter, appointed as follows:
| ||||||
15 | (a) (Blank). Four Directors appointed by the Mayor of the | ||||||
16 | City of
Chicago, with the advice and consent of the City | ||||||
17 | Council of the City of
Chicago, and, only until April 1, 2008, | ||||||
18 | a fifth director who shall be the Chairman of the Chicago
| ||||||
19 | Transit Authority. After April 1, 2008, the Mayor of the City | ||||||
20 | of Chicago, with the advice and consent of the City Council of | ||||||
21 | the City of Chicago, shall appoint a fifth Director. The | ||||||
22 | Directors appointed by the Mayor of the City of Chicago shall | ||||||
23 | not be the Chairman or a Director of the Chicago Transit | ||||||
24 | Authority. Each such Director shall reside in the City of | ||||||
25 | Chicago.
|
| |||||||
| |||||||
1 | (b) (Blank). Four Directors appointed by the votes of a | ||||||
2 | majority of the members of the Cook County Board
elected from | ||||||
3 | districts, a majority of
the electors of which reside outside | ||||||
4 | Chicago. After April 1, 2008, a fifth Director appointed by the | ||||||
5 | President of the Cook County Board with the advice and consent | ||||||
6 | of the members of the Cook County Board.
Each Director | ||||||
7 | appointed under this subparagraph shall reside in that part of | ||||||
8 | Cook County outside
Chicago.
| ||||||
9 | (c) (Blank). Until April 1, 2008, 3 Directors appointed by | ||||||
10 | the Chairmen of the County Boards of DuPage, Kane, Lake, | ||||||
11 | McHenry, and Will Counties, as follows:
| ||||||
12 | (i) Two Directors appointed by the Chairmen of the | ||||||
13 | county boards
of Kane, Lake, McHenry and Will Counties, | ||||||
14 | with the concurrence of not less
than a majority of the | ||||||
15 | Chairmen from such counties, from nominees by
the Chairmen. | ||||||
16 | Each such Chairman may nominate not more than 2 persons for
| ||||||
17 | each position. Each such Director shall reside in a county | ||||||
18 | in the metropolitan
region other than Cook or DuPage | ||||||
19 | Counties.
| ||||||
20 | (ii)
One Director appointed by the Chairman
of the | ||||||
21 | DuPage County Board with the advice and consent of the | ||||||
22 | DuPage County Board. Such Director
shall reside in DuPage | ||||||
23 | County.
| ||||||
24 | (d) (Blank). After April 1, 2008, 5 Directors appointed by | ||||||
25 | the Chairmen of the County Boards of DuPage, Kane, Lake and | ||||||
26 | McHenry Counties and the County Executive of Will County, as |
| |||||||
| |||||||
1 | follows:
| ||||||
2 | (i) One Director appointed by the Chairman of the Kane | ||||||
3 | County Board with the advice and consent of the Kane County | ||||||
4 | Board. Such Director shall reside in Kane County.
| ||||||
5 | (ii) One Director appointed by the County Executive of | ||||||
6 | Will County with the advice and consent of the Will County | ||||||
7 | Board. Such Director shall reside in Will County.
| ||||||
8 | (iii) One Director appointed by the Chairman of the | ||||||
9 | DuPage County Board with the advice and consent of the | ||||||
10 | DuPage County Board. Such Director shall reside in DuPage | ||||||
11 | County.
| ||||||
12 | (iv) One Director appointed by the Chairman of the Lake | ||||||
13 | County Board with the advice and consent of the Lake County | ||||||
14 | Board. Such Director shall reside in Lake County.
| ||||||
15 | (v) One Director appointed by the Chairman of the | ||||||
16 | McHenry County Board with the advice and consent of the | ||||||
17 | McHenry County Board. Such Director shall reside in McHenry | ||||||
18 | County.
| ||||||
19 | (vi) To implement the changes in appointing authority | ||||||
20 | under this subparagraph (d) the three Directors appointed | ||||||
21 | under subparagraph (c) and residing in Lake County, DuPage | ||||||
22 | County, and Kane County respectively shall each continue to | ||||||
23 | serve as Director until the expiration of their respective | ||||||
24 | term of office and until his or her successor is appointed | ||||||
25 | and qualified or a vacancy occurs in the office. Thereupon, | ||||||
26 | the appointment shall be made by the officials given |
| |||||||
| |||||||
1 | appointing authority with respect to the Director whose | ||||||
2 | term has expired or office has become vacant.
| ||||||
3 | (e) (Blank).
The Chairman serving on the effective date of | ||||||
4 | this amendatory Act of the 95th General Assembly shall continue | ||||||
5 | to serve as Chairman until the expiration of his or her term of | ||||||
6 | office and until his or her successor is appointed and | ||||||
7 | qualified or a vacancy occurs in the office. Upon the | ||||||
8 | expiration or vacancy of the term of the Chairman then serving | ||||||
9 | upon the effective date of this amendatory Act of the 95th | ||||||
10 | General Assembly, the Chairman shall be appointed by the other | ||||||
11 | Directors, by the affirmative vote of at least 11 of the then | ||||||
12 | Directors with at least 2 affirmative votes from Directors who | ||||||
13 | reside in the City of Chicago, at least 2 affirmative votes | ||||||
14 | from Directors who reside in Cook County outside the City of | ||||||
15 | Chicago, and at least 2 affirmative votes from Directors who | ||||||
16 | reside in the Counties of DuPage, Lake, Will, Kane, or McHenry. | ||||||
17 | The
chairman shall not be appointed from among the other | ||||||
18 | Directors. The chairman
shall be a resident of the metropolitan | ||||||
19 | region.
| ||||||
20 | (e-1) Four Directors appointed by the Mayor of the City of | ||||||
21 | Chicago, with the advice and consent of the City Council of the | ||||||
22 | City of Chicago, and a fifth director who shall be the Chairman | ||||||
23 | of the Chicago Transit Authority. Each such Director shall | ||||||
24 | reside in the City of Chicago, except the Chairman of the | ||||||
25 | Chicago Transit Authority who shall reside within the | ||||||
26 | metropolitan area as defined in the Metropolitan Transit |
| |||||||
| |||||||
1 | Authority Act. | ||||||
2 | (e-2) Four Directors appointed by the members of the Cook | ||||||
3 | County Board elected from that part of Cook County outside of | ||||||
4 | Chicago, or, in the event such Board of
Commissioners becomes | ||||||
5 | elected from single member districts, by those Commissioners | ||||||
6 | elected from districts, a majority of the electors of which | ||||||
7 | reside outside Chicago. In either case, such appointment shall | ||||||
8 | be with the concurrence of four such Commissioners. Each such | ||||||
9 | Director shall reside in that part of Cook County outside | ||||||
10 | Chicago. | ||||||
11 | (e-3) Two Directors appointed by the Chairmen of the county | ||||||
12 | boards of Kane, Lake, McHenry and Will Counties, with the | ||||||
13 | concurrence of not less than a majority of the Chairmen from | ||||||
14 | such counties, from nominees by the Chairmen. Each such | ||||||
15 | Chairman may nominate not more than 2 persons for each | ||||||
16 | position. Each such Director shall reside in a county in the | ||||||
17 | metropolitan region other than Cook or DuPage
Counties. | ||||||
18 | (e-4) One Director shall be appointed by the Chairman of | ||||||
19 | the Board of DuPage County, with the advice and consent of the | ||||||
20 | County Board of DuPage County. Such Director and shall reside | ||||||
21 | in DuPage County. | ||||||
22 | (e-5) The initial Chairman shall be appointed by the | ||||||
23 | Governor for a term expiring July 1, 2017. Thereafter the | ||||||
24 | Chairman shall be appointed by the other 12 Directors with the | ||||||
25 | concurrence of three-fourths of such Directors. The chairman | ||||||
26 | shall not
be appointed from among the other Directors. The |
| |||||||
| |||||||
1 | chairman shall be a resident of the metropolitan region. | ||||||
2 | (e-6) The initial Directors appointed under subsections | ||||||
3 | (e-1) through (e-4) shall be appointed within 60 days after the | ||||||
4 | effective date of this amendatory Act of the 98th General | ||||||
5 | Assembly. The term of office of each Director holding office on | ||||||
6 | the effective date of this amendatory Act of the 98th General | ||||||
7 | Assembly shall expire upon the appointment of a quorum of the | ||||||
8 | initial Directors appointed under subsections (e-1) through | ||||||
9 | (e-4). Of the initial Directors appointed under subsection | ||||||
10 | (e-1): one shall serve for a term ending on July 1, 2016, one | ||||||
11 | shall serve for a term ending on July 1, 2017, one shall serve | ||||||
12 | for a term ending on July 1, 2018, and one shall serve for a | ||||||
13 | term ending on July 1, 2019. Of the initial Directors appointed | ||||||
14 | under subsection (e-2): one shall serve for a term ending on | ||||||
15 | July 1, 2016, one shall serve for a term ending on July 1, | ||||||
16 | 2017, one shall serve for a term ending on July 1, 2018, and | ||||||
17 | one shall serve for a term ending on July 1, 2019. Of the | ||||||
18 | initial Directors appointed under subsection (e-3): one shall | ||||||
19 | serve for a term ending on July 1, 2018 and one shall serve for | ||||||
20 | a term ending on July 1, 2019. The initial Director appointed | ||||||
21 | under subsection (e-4) shall serve for a term ending on July 1, | ||||||
22 | 2019. | ||||||
23 | (f) Except as otherwise provided by this Act no Director
| ||||||
24 | shall, while serving as such, be an officer,
a member of the | ||||||
25 | Board of Directors or Trustees or an employee of any Service | ||||||
26 | Board or transportation
agency, or be an employee of the State |
| |||||||
| |||||||
1 | of Illinois or any department or
agency thereof, or of any unit | ||||||
2 | of local government or receive any compensation
from any | ||||||
3 | elected or appointed office under the Constitution and laws of
| ||||||
4 | Illinois; except that a Director may be a member of a school | ||||||
5 | board.
| ||||||
6 | (g) Each appointment made under this Section and
under | ||||||
7 | Section 3.03 shall be certified by the appointing authority to | ||||||
8 | the
Board, which shall maintain the certifications as part of | ||||||
9 | the official
records of the Authority ; provided that the | ||||||
10 | initial appointments shall
be certified to the Secretary of | ||||||
11 | State, who shall transmit the
certifications to the Board | ||||||
12 | following its organization. All appointments
made by the | ||||||
13 | Governor shall be made with the advice and consent of the | ||||||
14 | Senate .
| ||||||
15 | (h) The Board of Directors shall be so appointed
as to | ||||||
16 | represent the City of Chicago, that part of Cook County
outside | ||||||
17 | the City of Chicago, and that part of the metropolitan
region | ||||||
18 | outside Cook County on the one man one vote basis. After
each | ||||||
19 | Federal decennial census the General Assembly shall review
the | ||||||
20 | composition of the Board and, if a change is needed to
comply | ||||||
21 | with this requirement, shall provide for the necessary
revision | ||||||
22 | by July 1 of the third year after such census.
Provided, | ||||||
23 | however, that the Chairman of the Chicago Transit
Authority | ||||||
24 | shall be a Director of the Authority and shall be
considered as | ||||||
25 | representing the City of Chicago for purposes of
this | ||||||
26 | paragraph. |
| |||||||
| |||||||
1 | Insofar as may be practicable, the changes in Board
| ||||||
2 | membership necessary to achieve this purpose shall take effect
| ||||||
3 | as appropriate members terms expire, no member's term being
| ||||||
4 | reduced by reason of such revision of the composition of the
| ||||||
5 | Board. (Blank).
| ||||||
6 | (Source: P.A. 95-708, eff. 1-18-08.)
| ||||||
7 | (70 ILCS 3615/3.03) (from Ch. 111 2/3, par. 703.03)
| ||||||
8 | Sec. 3.03. Terms, vacancies. Except as provided in | ||||||
9 | subsection (e-6) of Section 3.01, each Each Director
shall hold | ||||||
10 | office for a term of 5
years, and until his successor has been | ||||||
11 | appointed and has qualified. A
vacancy shall occur upon | ||||||
12 | resignation, death, conviction of a felony, or
removal from | ||||||
13 | office of a Director. Any Director may be removed from office
| ||||||
14 | (i) upon concurrence of not less than 6 11
Directors, on a | ||||||
15 | formal finding of
incompetence, neglect of duty, or malfeasance | ||||||
16 | in office or (ii) by the Governor in response to a summary | ||||||
17 | report received from the Executive Inspector General in | ||||||
18 | accordance with Section 20-50 of the State Officials and | ||||||
19 | Employees Ethics Act, provided he or she has an opportunity to | ||||||
20 | be publicly heard in person or by counsel prior to removal. | ||||||
21 | Within 30 days
after the office of any member becomes vacant | ||||||
22 | for any reason, the
appointing authorities of such member shall | ||||||
23 | make an appointment to fill the
vacancy. A vacancy shall be | ||||||
24 | filled for the unexpired term.
| ||||||
25 | Whenever
a vacancy for a Director, except as
to the |
| |||||||
| |||||||
1 | Chairman or those Directors appointed by the Governor or the | ||||||
2 | Mayor of the City
of Chicago, exists for longer than 4 months, | ||||||
3 | the new Director shall be
chosen by election by all legislative | ||||||
4 | members in the General Assembly
representing the affected area. | ||||||
5 | In order to qualify as a
voting legislative member in this | ||||||
6 | matter, the affected
area must be more than 50% of the | ||||||
7 | geographic area of the legislative district.
| ||||||
8 | (Source: P.A. 95-708, eff. 1-18-08; 96-1528, eff. 7-1-11 .)
| ||||||
9 | (70 ILCS 3615/3.05) (from Ch. 111 2/3, par. 703.05)
| ||||||
10 | Sec. 3.05. Meetings. The Board shall prescribe the times | ||||||
11 | and places for meetings and the
manner in which special | ||||||
12 | meetings may be called. The Board shall comply
in all respects | ||||||
13 | with the "Open Meetings Act", approved July 11,
1957, as now or | ||||||
14 | hereafter amended. All records, documents and papers of
the | ||||||
15 | Authority, other than those relating to matters concerning | ||||||
16 | which
closed sessions of the Board may be held, shall be | ||||||
17 | available for public
examination, subject to such reasonable | ||||||
18 | regulations as the Board may
adopt.
| ||||||
19 | A majority of the Directors holding office shall constitute | ||||||
20 | a quorum
for the conduct of business. Except as otherwise | ||||||
21 | provided in this Act,
the affirmative votes of at least 7 9
| ||||||
22 | Directors shall be necessary for
approving any contract or | ||||||
23 | agreement, adopting any rule or regulation,
and any other | ||||||
24 | action required by this Act to be taken by resolution or
| ||||||
25 | ordinance.
|
| |||||||
| |||||||
1 | The Board shall meet with the Regional Citizens Advisory | ||||||
2 | Board at least
once every 4 months.
| ||||||
3 | (Source: P.A. 95-708, eff. 1-18-08.)
| ||||||
4 | (70 ILCS 3615/3A.09) (from Ch. 111 2/3, par. 703A.09)
| ||||||
5 | Sec. 3A.09. General Powers. In addition to any powers | ||||||
6 | elsewhere provided
to the Suburban Bus Board, it shall have all | ||||||
7 | of the powers specified in
Section 2.20 of this Act except for | ||||||
8 | the powers specified in Section 2.20(a)(v). The Board shall | ||||||
9 | also have the power:
| ||||||
10 | (a) to cooperate with the Regional Transportation | ||||||
11 | Authority in the
exercise by the Regional Transportation | ||||||
12 | Authority of all the powers granted
it by such Act;
| ||||||
13 | (b) to receive funds from the Regional Transportation | ||||||
14 | Authority pursuant
to Sections 2.02, 4.01, 4.02, 4.09 and | ||||||
15 | 4.10 of the Regional Transportation
Authority Act, all as | ||||||
16 | provided in the Regional Transportation Authority Act;
| ||||||
17 | (c) to receive financial grants from the Regional | ||||||
18 | Transportation
Authority or a Service Board, as defined in | ||||||
19 | the Regional Transportation
Authority Act, upon such terms | ||||||
20 | and conditions as shall be set forth in a
grant contract | ||||||
21 | between either the Division and the Regional | ||||||
22 | Transportation
Authority or the Division and another | ||||||
23 | Service Board, which contract or
agreement may be for such | ||||||
24 | number of years or duration as the parties agree,
all as | ||||||
25 | provided in the Regional Transportation Authority Act; |
| |||||||
| |||||||
1 | (d) to perform all functions necessary for the | ||||||
2 | provision of paratransit services under Section 2.30 of | ||||||
3 | this Act; and
| ||||||
4 | (e) to borrow money for the purposes of: (i) | ||||||
5 | constructing a new garage in the northwestern Cook County | ||||||
6 | suburbs at an estimated cost of $60,000,000, (ii) | ||||||
7 | converting the South Cook garage in Markham to a Compressed | ||||||
8 | Natural Gas facility at an estimated cost of $12,000,000, | ||||||
9 | (iii) constructing a new paratransit garage in DuPage | ||||||
10 | County at an estimated cost of $25,000,000, and (iv) | ||||||
11 | expanding the North Shore garage in Evanston to accommodate | ||||||
12 | additional indoor bus parking at an estimated cost of | ||||||
13 | $3,000,000. For the purpose of evidencing the obligation of | ||||||
14 | the Suburban Bus Board to repay any money borrowed as | ||||||
15 | provided in this subsection, the Suburban Bus Board may | ||||||
16 | issue revenue bonds from time to time pursuant to ordinance | ||||||
17 | adopted by the Suburban Bus Board, subject to the approval | ||||||
18 | of the Regional Transportation Authority of each such | ||||||
19 | issuance by the affirmative vote of 9 12 of its then | ||||||
20 | Directors; provided that the Suburban Bus Board may not | ||||||
21 | issue bonds for the purpose of financing the acquisition, | ||||||
22 | construction, or improvement of any facility other than | ||||||
23 | those listed in this subsection (e). All such bonds shall | ||||||
24 | be payable solely from the revenues or income or any other | ||||||
25 | funds that the Suburban Bus Board may receive, provided | ||||||
26 | that the Suburban Bus Board may not pledge as security for |
| |||||||
| |||||||
1 | such bonds the moneys, if any, that the Suburban Bus Board | ||||||
2 | receives from the Regional Transportation Authority | ||||||
3 | pursuant to Section 4.03.3(f) of the Regional | ||||||
4 | Transportation Authority Act. The bonds shall bear | ||||||
5 | interest at a rate not to exceed the maximum rate | ||||||
6 | authorized by the Bond Authorization Act and shall mature | ||||||
7 | at such time or times not exceeding 25 years from their | ||||||
8 | respective dates. Bonds issued pursuant to this paragraph | ||||||
9 | must be issued with scheduled principal or mandatory | ||||||
10 | redemption payments in equal amounts in each fiscal year | ||||||
11 | over the term of the bonds, with the first principal or | ||||||
12 | mandatory redemption payment scheduled within the fiscal | ||||||
13 | year in which bonds are issued or within the next | ||||||
14 | succeeding fiscal year. At least 25%, based on total | ||||||
15 | principal amount, of all bonds authorized pursuant to this | ||||||
16 | Section shall be sold pursuant to notice of sale and public | ||||||
17 | bid. No more than 75%, based on total principal amount, of | ||||||
18 | all bonds authorized pursuant to this Section shall be sold | ||||||
19 | by negotiated sale. The maximum principal amount of the | ||||||
20 | bonds that may be issued may not exceed $100,000,000. The | ||||||
21 | bonds shall have all the qualities of negotiable | ||||||
22 | instruments under the laws of this State. To secure the | ||||||
23 | payment of any or all of such bonds and for the purpose of | ||||||
24 | setting forth the covenants and undertakings of the | ||||||
25 | Suburban Bus Board in connection with the issuance thereof | ||||||
26 | and the issuance of any additional bonds payable from such |
| |||||||
| |||||||
1 | revenue or income as well as the use and application of the | ||||||
2 | revenue or income received by the Suburban Bus Board, the | ||||||
3 | Suburban Bus Board may execute and deliver a trust | ||||||
4 | agreement or agreements; provided that no lien upon any | ||||||
5 | physical property of the Suburban Bus Board shall be | ||||||
6 | created thereby. A remedy for any breach or default of the | ||||||
7 | terms of any such trust agreement by the Suburban Bus Board | ||||||
8 | may be by mandamus proceedings in any court of competent | ||||||
9 | jurisdiction to compel performance and compliance | ||||||
10 | therewith, but the trust agreement may prescribe by whom or | ||||||
11 | on whose behalf such action may be instituted. Under no | ||||||
12 | circumstances shall any bonds issued by the Suburban Bus | ||||||
13 | Board or any other obligation of the Suburban Bus Board in | ||||||
14 | connection with the issuance of such bonds be or become an | ||||||
15 | indebtedness or obligation of the State of Illinois, the | ||||||
16 | Regional Transportation Authority, or any other political | ||||||
17 | subdivision of or municipality within the State, nor shall | ||||||
18 | any such bonds or obligations be or become an indebtedness | ||||||
19 | of the Suburban Bus Board within the purview of any | ||||||
20 | constitutional limitation or provision, and it shall be | ||||||
21 | plainly stated on the face of each bond that it does not | ||||||
22 | constitute such an indebtedness or obligation but is | ||||||
23 | payable solely from the revenues or income as aforesaid. | ||||||
24 | (Source: P.A. 97-770, eff. 1-1-13.)
| ||||||
25 | (70 ILCS 3615/3A.10) (from Ch. 111 2/3, par. 703A.10)
|
| |||||||
| |||||||
1 | Sec. 3A.10. Budget and Program. The Suburban Bus Board, | ||||||
2 | subject to
the powers of the Authority in Section 4.11, shall | ||||||
3 | control the finances
of the Division. It shall by ordinance | ||||||
4 | appropriate money to perform the
Division's purposes and | ||||||
5 | provide for payment of debts and expenses of the
Division. Each | ||||||
6 | year the Suburban Bus Board shall prepare and publish a | ||||||
7 | comprehensive
annual budget and proposed five-year capital
| ||||||
8 | program document, and a financial plan for the 2 years
| ||||||
9 | thereafter describing the state of the Division and presenting | ||||||
10 | for the forthcoming
fiscal year and the 2 following years the | ||||||
11 | Suburban Bus Board's plans for
such operations and capital | ||||||
12 | expenditures as it intends to undertake and
the means by which | ||||||
13 | it intends to finance them. The proposed budget and ,
financial | ||||||
14 | plan , and five-year capital program shall be based on the | ||||||
15 | Authority's estimate of funds to be
made available to the | ||||||
16 | Suburban Bus Board by or through the Authority and
shall | ||||||
17 | conform in all respects to the requirements established by the | ||||||
18 | Authority.
The proposed program and budget , financial plan, and | ||||||
19 | five-year capital program shall contain a statement of the | ||||||
20 | funds estimated
to be on hand at the beginning of the fiscal | ||||||
21 | year, the funds estimated to
be received from all sources for | ||||||
22 | such year and the funds estimated to be
on hand at the end of | ||||||
23 | such year. After adoption of the Authority's first
Five-Year | ||||||
24 | Program, as provided in Section 2.01 of this Act, the proposed
| ||||||
25 | program and budget shall specifically identify any respect in | ||||||
26 | which the
recommended program deviates from the Authority's |
| |||||||
| |||||||
1 | then existing Five-Year
Program, giving the reasons for such | ||||||
2 | deviation. The fiscal year of the
Division shall be the same as | ||||||
3 | the fiscal year of the Authority. Before
the proposed budget | ||||||
4 | and program, and the ,
financial plan, and five-year capital | ||||||
5 | program
are submitted to the
Authority, the Suburban Bus Board | ||||||
6 | shall hold at least one public hearing
thereon in each of the | ||||||
7 | counties in the metropolitan region in which the
Division | ||||||
8 | provides service. The Suburban Bus Board shall hold at least
| ||||||
9 | one meeting for consideration of the proposed program and
| ||||||
10 | budget , financial plan, and five-year capital program with the
| ||||||
11 | county board of each of the several counties in the | ||||||
12 | metropolitan region
in which the Division provides service. | ||||||
13 | After conducting such hearings
and holding such meetings and | ||||||
14 | after making such changes in the proposed
program and budget , | ||||||
15 | financial plan, and five-year capital program as the Suburban | ||||||
16 | Bus Board deems appropriate, it shall
adopt an annual budget | ||||||
17 | ordinance at least by November 15 next preceding
the beginning | ||||||
18 | of each fiscal year. The budget,
financial
plan, and five-year | ||||||
19 | capital program shall then be submitted to the Authority as | ||||||
20 | provided in Section 4.11. In the event
that the Board of the | ||||||
21 | Authority determines that the budget
and program, and the | ||||||
22 | financial plan , do not meet the standards of Section 4.11, the | ||||||
23 | Suburban
Bus Board shall make such changes as are necessary to | ||||||
24 | meet such requirements
and adopt an amended budget ordinance. | ||||||
25 | The amended budget ordinance shall
be resubmitted to the | ||||||
26 | Authority pursuant to Section 4.11. The ordinance
shall |
| |||||||
| |||||||
1 | appropriate such sums of money as are deemed necessary to | ||||||
2 | defray
all necessary expenses and obligations of the Division, | ||||||
3 | specifying purposes
and the objects or programs for which | ||||||
4 | appropriations are made and the amount
appropriated for each | ||||||
5 | object or program. Additional appropriations, transfers
| ||||||
6 | between items and other changes in such ordinance which do not | ||||||
7 | alter the
basis upon which the balanced budget determination | ||||||
8 | was made by the Board
of the Authority may be made from time to
| ||||||
9 | time by the Suburban Bus Board.
| ||||||
10 | The budget shall:
| ||||||
11 | (i) show a balance between (A) anticipated revenues | ||||||
12 | from all sources including
operating subsidies and (B) the | ||||||
13 | costs of providing the services specified
and of funding | ||||||
14 | any operating deficits or encumbrances incurred in prior
| ||||||
15 | periods, including provision for payment when due of | ||||||
16 | principal and interest
on outstanding indebtedness;
| ||||||
17 | (ii) show cash balances including the proceeds of any | ||||||
18 | anticipated cash
flow borrowing sufficient to pay with | ||||||
19 | reasonable promptness all costs and
expenses as incurred;
| ||||||
20 | (iii) provide for a level of fares or charges and | ||||||
21 | operating or administrative
costs for the public | ||||||
22 | transportation provided by or subject to the jurisdiction
| ||||||
23 | of the Suburban Bus Board sufficient
to allow the Suburban | ||||||
24 | Bus Board to meet its required system generated revenues
| ||||||
25 | recovery ratio and, beginning with the 2007 fiscal year, | ||||||
26 | its system generated ADA paratransit services revenue |
| |||||||
| |||||||
1 | recovery ratio;
| ||||||
2 | (iv) be based upon and employ assumptions and | ||||||
3 | projections which are reasonable
and prudent;
| ||||||
4 | (v) have been prepared in accordance with sound | ||||||
5 | financial practices as
determined by the Board of the | ||||||
6 | Authority;
| ||||||
7 | (vi) meet such other uniform financial, budgetary, or | ||||||
8 | fiscal requirements
that the Board of the Authority may by | ||||||
9 | rule or regulation establish; and
| ||||||
10 | (vii) (Blank). be consistent with the goals and | ||||||
11 | objectives adopted by the Regional Transportation | ||||||
12 | Authority in the Strategic Plan.
| ||||||
13 | (Source: P.A. 94-370, eff. 7-29-05; 95-708, eff. 1-18-08.)
| ||||||
14 | (70 ILCS 3615/3A.11) (from Ch. 111 2/3, par. 703A.11)
| ||||||
15 | Sec. 3A.11. Citizens Advisory Board. The Suburban Bus Board | ||||||
16 | shall establish
a citizens advisory board composed of 10 | ||||||
17 | residents of those portions of
the metropolitan region in which | ||||||
18 | the Suburban Bus Board provides service
who have an interest in | ||||||
19 | public transportation. The members of the advisory
board shall | ||||||
20 | be named for 2 year terms, shall select one of their members
to | ||||||
21 | serve as chairman and shall serve without compensation. The | ||||||
22 | citizens
advisory board shall meet with the Suburban Bus Board | ||||||
23 | at least quarterly
and advise the Suburban Bus Board of the | ||||||
24 | impact of its policies and programs
on the communities it | ||||||
25 | serves. Appointments to the citizens advisory board should, to |
| |||||||
| |||||||
1 | the greatest extent possible, reflect the ethnic, cultural, and | ||||||
2 | geographic diversity of all persons residing within the | ||||||
3 | Suburban Bus Board's jurisdiction.
| ||||||
4 | (Source: P.A. 95-708, eff. 1-18-08.)
| ||||||
5 | (70 ILCS 3615/3A.14) (from Ch. 111 2/3, par. 703A.14)
| ||||||
6 | Sec. 3A.14. Labor. | ||||||
7 | (a) The provisions of this Section apply to collective
| ||||||
8 | bargaining agreements (including extensions and amendments of | ||||||
9 | existing agreements)
entered into on or after January 1, 1984.
| ||||||
10 | (b) The Suburban Bus Board
shall deal with and enter into | ||||||
11 | written contracts with their employees, through
accredited | ||||||
12 | representatives of such employees authorized to act for such
| ||||||
13 | employees concerning wages, salaries, hours, working | ||||||
14 | conditions, and pension
or retirement provisions about which a | ||||||
15 | collective bargaining agreement has
been entered prior to the | ||||||
16 | effective date of this amendatory Act of 1983.
Any such | ||||||
17 | agreement of the Suburban Bus Board shall provide that the | ||||||
18 | agreement
may be reopened if the amended budget submitted | ||||||
19 | pursuant to Section 2.18a
of this Act is not approved by the | ||||||
20 | Board of the Authority.
The agreement may not include a | ||||||
21 | provision requiring the payment of wage
increases based on | ||||||
22 | changes in the Consumer Price Index.
The Suburban Bus Board | ||||||
23 | shall not have the
authority to enter collective bargaining | ||||||
24 | agreements with respect to inherent
management rights, which | ||||||
25 | include such areas of discretion or policy as the
functions of |
| |||||||
| |||||||
1 | the employer, standards of services, its overall budget, the
| ||||||
2 | organizational structure and selection of new employees and | ||||||
3 | direction of
personnel. Employers, however, shall be required | ||||||
4 | to bargain collectively
with regard to policy matters directly | ||||||
5 | affecting wages, hours and terms
and conditions of employment, | ||||||
6 | as well as the impact thereon, upon request
by employee | ||||||
7 | representatives. To preserve the rights of employers and | ||||||
8 | exclusive
representatives which have established collective | ||||||
9 | bargaining relationships
or negotiated collective bargaining | ||||||
10 | agreements prior to the effective date
of this amendatory Act | ||||||
11 | of 1983, employers shall be required to bargain collectively
| ||||||
12 | with regard to any matter concerning wages, hours or conditions | ||||||
13 | of employment
about which they have bargained prior to the | ||||||
14 | effective date of this amendatory
Act of 1983.
| ||||||
15 | (c) The collective bargaining agreement may not include a | ||||||
16 | prohibition on
the use of part-time operators on any service | ||||||
17 | operated by
the Suburban Bus Board except where prohibited by | ||||||
18 | federal law.
| ||||||
19 | (d) Within 30 days of the signing of any such collective | ||||||
20 | bargaining agreement,
the Suburban Bus Board shall determine | ||||||
21 | the costs of each provision of the
agreement, prepare an | ||||||
22 | amended budget incorporating the costs of the agreement,
and | ||||||
23 | present the amended budget
to the Board of the Authority for | ||||||
24 | its approval under Section 4.11. The
Board may approve the | ||||||
25 | amended budget by an affirmative vote of 9 12
of its
then | ||||||
26 | Directors. If the budget is not approved by the Board of the |
| |||||||
| |||||||
1 | Authority,
the agreement may be reopened and its terms may be | ||||||
2 | renegotiated. Any amended
budget which may be prepared
| ||||||
3 | following renegotiation shall be presented to the Board of the | ||||||
4 | Authority
for its approval in like manner.
| ||||||
5 | (Source: P.A. 95-708, eff. 1-18-08.)
| ||||||
6 | (70 ILCS 3615/3B.02) (from Ch. 111 2/3, par. 703B.02)
| ||||||
7 | Sec. 3B.02. Commuter Rail Board. | ||||||
8 | (a) Until April 1, 2008, and beginning again on the | ||||||
9 | effective date of this amendatory Act of the 98th General | ||||||
10 | Assembly, the
governing body of the Commuter
Rail Division | ||||||
11 | shall be a board consisting of 7 directors appointed pursuant
| ||||||
12 | to Sections 3B.03 and 3B.04, as follows:
| ||||||
13 | (1)
One director shall be appointed by the Chairman of | ||||||
14 | the Board of DuPage
County with the advice and consent of | ||||||
15 | the County Board of DuPage County
and shall reside in | ||||||
16 | DuPage County.
| ||||||
17 | (2)
Two directors appointed by the Chairmen of the | ||||||
18 | County Boards of Kane,
Lake, McHenry and Will Counties with | ||||||
19 | the concurrence of not less than a
majority of the chairmen | ||||||
20 | from such counties, from nominees by the Chairmen.
Each | ||||||
21 | such chairman may nominate not more than two persons for | ||||||
22 | each position.
Each such director shall reside in a county | ||||||
23 | in the metropolitan region other
than Cook or DuPage | ||||||
24 | County.
| ||||||
25 | (3)
Three directors appointed by the members of the |
| |||||||
| |||||||
1 | Cook County Board elected
from that part of Cook County | ||||||
2 | outside of Chicago, or, in the event such Board
of | ||||||
3 | Commissioners becomes elected from single member | ||||||
4 | districts, by those
Commissioners elected from districts, | ||||||
5 | a majority of the residents of which
reside outside | ||||||
6 | Chicago. In either case, such appointment shall be with
the | ||||||
7 | concurrence of four such Commissioners. Each such director | ||||||
8 | shall reside
in that part of Cook County outside Chicago.
| ||||||
9 | (4)
One director appointed by the Mayor of the City of | ||||||
10 | Chicago, with the
advice and consent of the City Council of | ||||||
11 | the City of Chicago. Such director
shall reside in the City | ||||||
12 | of Chicago.
| ||||||
13 | (5) The chairman shall be appointed by the directors, | ||||||
14 | from the members of
the board, with the concurrence of 5 of | ||||||
15 | such directors.
| ||||||
16 | (b) After April 1, 2008 and until the effective date of | ||||||
17 | this amendatory Act of the 98th General Assembly, the governing | ||||||
18 | body of the Commuter Rail Division shall be a board consisting | ||||||
19 | of 11 directors appointed, pursuant to Sections 3B.03 and | ||||||
20 | 3B.04, as follows:
| ||||||
21 | (1) One Director shall be appointed by the Chairman of | ||||||
22 | the DuPage County Board with the advice and consent of the | ||||||
23 | DuPage County Board and shall reside in DuPage County. To | ||||||
24 | implement the changes in appointing authority under this | ||||||
25 | Section, upon the expiration of the term of or vacancy in | ||||||
26 | office of the Director appointed under item (1) of |
| |||||||
| |||||||
1 | subsection (a) of this Section who resides in DuPage | ||||||
2 | County, a Director shall be appointed under this | ||||||
3 | subparagraph.
| ||||||
4 | (2) One Director shall be appointed by the Chairman of | ||||||
5 | the McHenry County Board with the advice and consent of the | ||||||
6 | McHenry County Board and shall reside in McHenry County. To | ||||||
7 | implement the change in appointing authority under this | ||||||
8 | Section, upon the expiration of the term of or vacancy in | ||||||
9 | office of the Director appointed under item (2) of | ||||||
10 | subsection (a) of this Section who resides in McHenry | ||||||
11 | County, a Director shall be appointed under this | ||||||
12 | subparagraph.
| ||||||
13 | (3) One Director shall be appointed by the Will County | ||||||
14 | Executive with the advice and consent of the Will County | ||||||
15 | Board and shall reside in Will County. To implement the | ||||||
16 | change in appointing authority under this Section, upon the | ||||||
17 | expiration of the term of or vacancy in office of the | ||||||
18 | Director appointed under item (2) of subsection (a) of this | ||||||
19 | Section who resides in Will County, a Director shall be | ||||||
20 | appointed under this subparagraph.
| ||||||
21 | (4) One Director shall be appointed by the Chairman of | ||||||
22 | the Lake County Board with the advice and consent of the | ||||||
23 | Lake County Board and shall reside in Lake County.
| ||||||
24 | (5) One Director shall be appointed by the Chairman of | ||||||
25 | the Kane County Board with the advice and consent of the | ||||||
26 | Kane County Board and shall reside in Kane County.
|
| |||||||
| |||||||
1 | (6) One Director shall be appointed by the Mayor of the | ||||||
2 | City of Chicago with the advice and consent of the City | ||||||
3 | Council of the City of Chicago and shall reside in the City | ||||||
4 | of Chicago. To implement the changes in appointing | ||||||
5 | authority under this Section, upon the expiration of the | ||||||
6 | term of or vacancy in office of the Director appointed | ||||||
7 | under item (4) of subsection (a) of this Section who | ||||||
8 | resides in the City of Chicago, a Director shall be | ||||||
9 | appointed under this subparagraph.
| ||||||
10 | (7) Five Directors residing in Cook County outside of | ||||||
11 | the City of Chicago, as follows: | ||||||
12 | (i) One Director who resides in Cook County outside | ||||||
13 | of the City of Chicago, appointed by the President of | ||||||
14 | the Cook County Board with the advice and consent of | ||||||
15 | the members of the Cook County Board. | ||||||
16 | (ii) One Director who resides in the township of | ||||||
17 | Barrington, Palatine, Wheeling, Hanover, Schaumburg, | ||||||
18 | or Elk Grove. To implement the changes in appointing | ||||||
19 | authority under this Section, upon the expiration of | ||||||
20 | the term of or vacancy in office of the Director | ||||||
21 | appointed under paragraph (3) of subsection (a) of this | ||||||
22 | Section who resides in the geographic area described in | ||||||
23 | this subparagraph, a Director shall be appointed under | ||||||
24 | this subparagraph. | ||||||
25 | (iii) One Director who resides in the township of | ||||||
26 | Northfield, New Trier, Maine, Niles, Evanston, Leyden, |
| |||||||
| |||||||
1 | Norwood Park, River Forest, or Oak Park. | ||||||
2 | (iv) One Director who resides in the township of | ||||||
3 | Proviso, Riverside, Berwyn, Cicero, Lyons, Stickney, | ||||||
4 | Lemont, Palos, or Orland. To implement the changes in | ||||||
5 | appointing authority under this Section, upon the | ||||||
6 | expiration of the term of or vacancy in office of the | ||||||
7 | Director appointed under paragraph (3) of subsection | ||||||
8 | (a) of this Section who resides in the geographic area | ||||||
9 | described in this subparagraph and whose term of office | ||||||
10 | had not expired as of August 1, 2007, a Director shall | ||||||
11 | be appointed under this subparagraph. | ||||||
12 | (v) One Director who resides in the township of | ||||||
13 | Worth, Calumet, Bremen, Thornton, Rich, or Bloom. To | ||||||
14 | implement the changes in appointing authority under | ||||||
15 | this Section, upon the expiration of the term of or | ||||||
16 | vacancy in office of the Director appointed under | ||||||
17 | paragraph (3) of subsection (a) of this Section who | ||||||
18 | resides in the geographic area described in this | ||||||
19 | subparagraph and whose term of office had expired as of | ||||||
20 | August 1, 2007, a Director shall be appointed under | ||||||
21 | this subparagraph. | ||||||
22 | (vi) The Directors identified under the provisions | ||||||
23 | of subparagraphs (ii) through (v) of this paragraph (7) | ||||||
24 | shall be appointed by the members of the Cook County | ||||||
25 | Board. Each individual Director shall be appointed by | ||||||
26 | those members of the Cook County Board whose Board |
| |||||||
| |||||||
1 | districts overlap in whole or in part with the | ||||||
2 | geographic territory described in the relevant | ||||||
3 | subparagraph. The vote of County Board members | ||||||
4 | eligible to appoint directors under the provisions of | ||||||
5 | subparagraphs (ii) through (v) of this paragraph (7) | ||||||
6 | shall be weighted by the number of electors residing in | ||||||
7 | those portions of their Board districts within the | ||||||
8 | geographic territory described in the relevant | ||||||
9 | subparagraph (ii) through (v) of this paragraph (7).
| ||||||
10 | (8) The Chairman shall be appointed by the Directors, | ||||||
11 | from the members of the Board, with the concurrence of 8 of | ||||||
12 | such Directors. To implement the changes in appointing | ||||||
13 | authority under this Section, upon the expiration of the | ||||||
14 | term of or vacancy in office of the Chairman appointed | ||||||
15 | under item (5) of subsection (a) of this Section, a | ||||||
16 | Chairman shall be appointed under this subparagraph.
| ||||||
17 | (c) No director, while serving as such, shall be an | ||||||
18 | officer, a member of the
board of directors or trustee or an | ||||||
19 | employee of any transportation agency,
or be an employee of the | ||||||
20 | State of Illinois or any department or agency thereof,
or of | ||||||
21 | any unit of local government or receive any compensation from | ||||||
22 | any
elected or appointed office under the Constitution and laws | ||||||
23 | of Illinois.
| ||||||
24 | (d) Each appointment made under subsections (a) and (b) of | ||||||
25 | this Section
and under Section
3B.03 shall be certified by the | ||||||
26 | appointing authority to the Commuter Rail Board
which shall |
| |||||||
| |||||||
1 | maintain the certifications as part of the official records
of | ||||||
2 | the Commuter Rail Board.
| ||||||
3 | Appointments to the Commuter Rail Board shall be | ||||||
4 | apportioned so as to represent
the City of Chicago, that part | ||||||
5 | of Cook County outside of the City of Chicago,
and DuPage | ||||||
6 | County and that part of the metropolitan region other than Cook
| ||||||
7 | and DuPage Counties based on morning boardings of the services | ||||||
8 | provided
by the Commuter Rail Division as certified to the
| ||||||
9 | Board of the Authority by the Commuter Rail Board, provided | ||||||
10 | however that
the Mayor of the City of Chicago shall appoint no | ||||||
11 | fewer than 1 member of
the Commuter Rail Board. Within two | ||||||
12 | years after each federal decennial
census, the Board of the | ||||||
13 | Authority shall review the composition of the Commuter
Rail | ||||||
14 | Board and, if change is needed to comply with this requirement, | ||||||
15 | shall
provide for the necessary reapportionment by July 1 of | ||||||
16 | the second year after
such census. Insofar as may be | ||||||
17 | practicable, the changes in board membership
necessary to | ||||||
18 | achieve this purpose shall take effect as appropriate members
| ||||||
19 | terms expire, no member's term being reduced by reason of such | ||||||
20 | revision
of the composition of the Commuter Rail Board. | ||||||
21 | (e) The initial members appointed under subsection (a) for | ||||||
22 | terms beginning on or after the effective date of this | ||||||
23 | amendatory Act of the 98th General Assembly shall be appointed | ||||||
24 | within 60 days after the effective date of this amendatory Act | ||||||
25 | of the 98th General Assembly. The term of office of each | ||||||
26 | director holding office on the effective date of this |
| |||||||
| |||||||
1 | amendatory Act of the 98th General Assembly under subsection | ||||||
2 | (b) shall expire upon the appointment of a quorum of the | ||||||
3 | initial directors appointed under subsection (a). | ||||||
4 | (Source: P.A. 95-708, eff. 1-18-08.)
| ||||||
5 | (70 ILCS 3615/3B.03) (from Ch. 111 2/3, par. 703B.03)
| ||||||
6 | Sec. 3B.03. Terms, Vacancies. The initial term of the | ||||||
7 | director appointed pursuant to item (1) of subsection (a) of | ||||||
8 | Section 3B.02 and the initial term of one of the directors | ||||||
9 | appointed pursuant to item (2) of subsection (a) of Section | ||||||
10 | 3B.02 shall expire on June 30, 2015; the initial term of one of | ||||||
11 | the directors appointed pursuant to item (2) of subsection (a) | ||||||
12 | of Section 3B.02 and the initial term of one of the directors | ||||||
13 | appointed pursuant to item (3) of subsection (a) of Section | ||||||
14 | 3B.02 shall expire on June 30, 2016; the initial terms of 2 of | ||||||
15 | the directors appointed pursuant to item (3) of subsection (a) | ||||||
16 | of Section 3B.02 shall expire on June 30, 2017; the initial | ||||||
17 | term of the director appointed pursuant to item (4) of | ||||||
18 | subsection (a) of Section 3B.02 shall expire on June 30, 2018. | ||||||
19 | Thereafter, each Each
director shall be appointed
for a term of | ||||||
20 | 4 years, and until his successor has been appointed and
| ||||||
21 | qualified. A vacancy shall occur upon the resignation, death, | ||||||
22 | conviction
of a felony, or removal from office of a director. | ||||||
23 | Any director may be
removed from office (i) upon the | ||||||
24 | concurrence of not less than 6 8 directors, on
a formal finding | ||||||
25 | of incompetence, neglect of duty, or malfeasance in office or |
| |||||||
| |||||||
1 | (ii) by the Governor in response to a summary report received | ||||||
2 | from the Executive Inspector General in accordance with Section | ||||||
3 | 20-50 of the State Officials and Employees Ethics Act, provided | ||||||
4 | he or she has an opportunity to be publicly heard in person or | ||||||
5 | by counsel prior to removal.
Within 30 days after the office of | ||||||
6 | any director becomes vacant for any reason,
the appropriate | ||||||
7 | appointing authorities of such director, as provided
in Section | ||||||
8 | 3B.02, shall make an appointment to
fill the vacancy. A vacancy | ||||||
9 | shall be filled for the unexpired term.
| ||||||
10 | (Source: P.A. 95-708, eff. 1-18-08; 96-1528, eff. 7-1-11 .)
| ||||||
11 | (70 ILCS 3615/3B.05) (from Ch. 111 2/3, par. 703B.05)
| ||||||
12 | Sec. 3B.05. Appointment of officers and employees. The | ||||||
13 | Commuter Rail
Board shall appoint an Executive Director who | ||||||
14 | shall
be the chief executive officer of the Division, | ||||||
15 | appointed, retained or dismissed
with the concurrence of 6 8
of | ||||||
16 | the directors of the Commuter Rail Board.
The Executive | ||||||
17 | Director shall appoint, retain and employ officers, attorneys,
| ||||||
18 | agents, engineers, employees and shall organize the staff, | ||||||
19 | shall allocate
their functions and duties, fix compensation and | ||||||
20 | conditions of employment,
and consistent with the policies
of | ||||||
21 | and direction from the Commuter Rail Board take all actions | ||||||
22 | necessary
to achieve its purposes, fulfill its | ||||||
23 | responsibilities and carry out its
powers, and shall have
such | ||||||
24 | other powers and responsibilities as the Commuter Rail Board | ||||||
25 | shall
determine. The Executive Director shall be an individual |
| |||||||
| |||||||
1 | of proven transportation
and management skills and may not be a | ||||||
2 | member of the Commuter Rail Board.
The Division may employ its | ||||||
3 | own professional management personnel to provide
professional | ||||||
4 | and technical expertise concerning its purposes and powers
and | ||||||
5 | to assist it in assessing the performance of transportation | ||||||
6 | agencies
in the metropolitan region.
| ||||||
7 | No unlawful discrimination, as defined and prohibited in | ||||||
8 | the Illinois Human
Rights Act, shall be made in any term or | ||||||
9 | aspect of employment nor shall
there be discrimination based | ||||||
10 | upon political reasons or factors. The Commuter
Rail Board | ||||||
11 | shall establish regulations to insure that its discharges shall
| ||||||
12 | not be arbitrary and that hiring and promotion are based on | ||||||
13 | merit.
| ||||||
14 | The Division shall be subject to the "Illinois Human Rights | ||||||
15 | Act", as now
or hereafter amended, and the remedies and | ||||||
16 | procedure established thereunder.
The Commuter Rail Board | ||||||
17 | shall file an affirmative action program for employment
by it | ||||||
18 | with the Department of Human Rights to ensure that applicants | ||||||
19 | are
employed and that employees are treated during employment, | ||||||
20 | without regard
to unlawful discrimination. Such affirmative | ||||||
21 | action program shall include
provisions relating to hiring, | ||||||
22 | upgrading, demotion, transfer, recruitment,
recruitment | ||||||
23 | advertising, selection for training and rates of pay or other
| ||||||
24 | forms of compensation.
| ||||||
25 | (Source: P.A. 95-708, eff. 1-18-08.)
|
| |||||||
| |||||||
1 | (70 ILCS 3615/3B.07) (from Ch. 111 2/3, par. 703B.07)
| ||||||
2 | Sec. 3B.07. Meetings. The Commuter Rail Board shall | ||||||
3 | prescribe the times
and places for meetings and the manner in | ||||||
4 | which special meetings may be
called. The Commuter Rail Board | ||||||
5 | shall comply in all respects with the "Open
Meetings Act", as | ||||||
6 | now or hereafter amended. All records, documents and
papers of | ||||||
7 | the Commuter Rail Division, other than those relating to | ||||||
8 | matters
concerning which closed sessions of the Commuter Rail | ||||||
9 | Board may be held,
shall be available for public examination, | ||||||
10 | subject to such reasonable regulations
as the board may adopt.
| ||||||
11 | A majority of the members shall constitute a quorum for the | ||||||
12 | conduct of
business. The affirmative votes of at least 4 6
| ||||||
13 | members shall be necessary
for any action required by this Act | ||||||
14 | to be taken by ordinance.
| ||||||
15 | (Source: P.A. 95-708, eff. 1-18-08.)
| ||||||
16 | (70 ILCS 3615/3B.09) (from Ch. 111 2/3, par. 703B.09)
| ||||||
17 | Sec. 3B.09. General Powers. In addition to any powers | ||||||
18 | elsewhere provided
to the Commuter Rail Board, it shall have | ||||||
19 | all of the powers specified in
Section 2.20 of this Act except | ||||||
20 | for the powers specified in Section 2.20(a)(v).
The Board shall | ||||||
21 | also have the power:
| ||||||
22 | (a) to cooperate with the Regional Transportation | ||||||
23 | Authority in the
exercise by the Regional Transportation | ||||||
24 | Authority of all the powers granted
it by such Act;
| ||||||
25 | (b) to receive funds from the Regional Transportation |
| |||||||
| |||||||
1 | Authority
pursuant to Sections 2.02, 4.01, 4.02, 4.09 and
4.10 | ||||||
2 | of the "Regional Transportation Authority Act", all as provided | ||||||
3 | in the
"Regional Transportation Authority Act";
| ||||||
4 | (c) to receive financial grants from the Regional | ||||||
5 | Transportation
Authority or a Service Board, as defined in the | ||||||
6 | "Regional Transportation
Authority Act", upon such terms and | ||||||
7 | conditions as shall be set forth in a
grant contract between | ||||||
8 | either the Division and the Regional Transportation
Authority | ||||||
9 | or the Division and another Service Board, which contract or
| ||||||
10 | agreement may be for such number of years or duration as the | ||||||
11 | parties may
agree, all as provided in the "Regional | ||||||
12 | Transportation Authority Act"; and
| ||||||
13 | (d) (blank). to borrow money for the purpose of acquiring, | ||||||
14 | constructing, reconstructing, extending, or improving any | ||||||
15 | Public Transportation Facilities (as defined in Section 1.03 of | ||||||
16 | the Regional Transportation Authority Act) operated by or to be | ||||||
17 | operated by or on behalf of the Commuter Rail Division. For the | ||||||
18 | purpose of evidencing the obligation of the Commuter Rail Board | ||||||
19 | to repay any money borrowed as provided in this subsection, the | ||||||
20 | Commuter Rail Board may issue revenue bonds from time to time | ||||||
21 | pursuant to ordinance adopted by the Commuter Rail Board, | ||||||
22 | subject to the approval of the Regional Transportation | ||||||
23 | Authority of each such issuance by the affirmative vote of 12 | ||||||
24 | of its then Directors; provided that the Commuter Rail Board | ||||||
25 | may not issue bonds for the purpose of financing the | ||||||
26 | acquisition, construction, or improvement of a corporate |
| |||||||
| |||||||
1 | headquarters building. All such bonds shall be payable solely | ||||||
2 | from the revenues or income or any other funds that the | ||||||
3 | Commuter Rail Board may receive, provided that the Commuter | ||||||
4 | Rail Board may not pledge as security for such bonds the | ||||||
5 | moneys, if any, that the Commuter Rail Board receives from the | ||||||
6 | Regional Transportation Authority pursuant to Section | ||||||
7 | 4.03.3(f) of the Regional Transportation Authority Act. The | ||||||
8 | bonds shall bear interest at a rate not to exceed the maximum | ||||||
9 | rate 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 must | ||||||
12 | be issued with scheduled principal or mandatory redemption | ||||||
13 | payments in equal amounts in each fiscal year over the term of | ||||||
14 | the bonds, with the first principal or mandatory redemption | ||||||
15 | payment scheduled within the fiscal year in which bonds are | ||||||
16 | issued or within the next succeeding fiscal year. At least 25%, | ||||||
17 | based on total principal amount, of all bonds authorized | ||||||
18 | pursuant to this Section shall be sold pursuant to notice of | ||||||
19 | sale and public bid. No more than 75%, based on total principal | ||||||
20 | amount, of all bonds authorized pursuant to this Section shall | ||||||
21 | be sold by negotiated sale. The maximum principal amount of the | ||||||
22 | bonds that may be issued and outstanding at any time may not | ||||||
23 | exceed $1,000,000,000. The bonds shall have all the qualities | ||||||
24 | of negotiable instruments under the laws of this State. To | ||||||
25 | secure the payment of any or all of such bonds and for the | ||||||
26 | purpose of setting forth the covenants and undertakings of the |
| |||||||
| |||||||
1 | Commuter Rail Board in connection with the issuance thereof and | ||||||
2 | the issuance of any additional bonds payable from such revenue | ||||||
3 | or income as well as the use and application of the revenue or | ||||||
4 | income received by the Commuter Rail Board, the Commuter Rail | ||||||
5 | Board may execute and deliver a trust agreement or agreements; | ||||||
6 | provided that no lien upon any physical property of the | ||||||
7 | Commuter Rail Board shall be created thereby. A remedy for any | ||||||
8 | breach or default of the terms of any such trust agreement by | ||||||
9 | the Commuter Rail Board may be by mandamus proceedings in any | ||||||
10 | court of competent jurisdiction to compel performance and | ||||||
11 | compliance therewith, but the trust agreement may prescribe by | ||||||
12 | whom or on whose behalf such action may be instituted. Under no | ||||||
13 | circumstances shall any bonds issued by the Commuter Rail Board | ||||||
14 | or any other obligation of the Commuter Rail Board in | ||||||
15 | connection with the issuance of such bonds be or become an | ||||||
16 | indebtedness or obligation of the State of Illinois, the | ||||||
17 | Regional Transportation Authority, or any other political | ||||||
18 | subdivision of or municipality within the State, nor shall any | ||||||
19 | such bonds or obligations be or become an indebtedness of the | ||||||
20 | Commuter Rail Board within the purview of any constitutional | ||||||
21 | limitation or provision, and it shall be plainly stated on the | ||||||
22 | face of each bond that it does not constitute such an | ||||||
23 | indebtedness or obligation but is payable solely from the | ||||||
24 | revenues or income as aforesaid.
| ||||||
25 | (Source: P.A. 95-708, eff. 1-18-08.)
|
| |||||||
| |||||||
1 | (70 ILCS 3615/3B.10) (from Ch. 111 2/3, par. 703B.10)
| ||||||
2 | Sec. 3B.10. Budget and Program. The Commuter Rail Board, | ||||||
3 | subject to
the powers of the Authority in Section 4.11, shall | ||||||
4 | control the finances
of the Division. It shall by ordinance | ||||||
5 | appropriate money to perform the
Division's purposes and | ||||||
6 | provide for payment of debts and expenses of the
Division. Each | ||||||
7 | year the Commuter Rail Board shall prepare and publish a
| ||||||
8 | comprehensive annual budget and proposed five-year capital
| ||||||
9 | program document, and a financial plan for
the two years | ||||||
10 | thereafter describing the state of the Division and presenting
| ||||||
11 | for the forthcoming fiscal year and the two following years the | ||||||
12 | Commuter
Rail Board's plans for such operations and capital | ||||||
13 | expenditures as the Commuter
Rail Board intends to undertake | ||||||
14 | and the means by which it intends to finance
them. The proposed | ||||||
15 | budget and ,
financial plan , and five-year capital program | ||||||
16 | shall be based on the Authority's
estimate of funds to be made | ||||||
17 | available to the Commuter Rail Board by or through
the | ||||||
18 | Authority and shall conform in all respects to the requirements | ||||||
19 | established
by the Authority. The proposed program and budget , | ||||||
20 | financial plan, and five-year capital program shall contain a | ||||||
21 | statement
of the funds estimated to be on hand at the beginning | ||||||
22 | of the fiscal year,
the funds estimated to be received from all | ||||||
23 | sources for such year and the
funds estimated to be on hand at | ||||||
24 | the end of such year. After adoption of the Authority's first | ||||||
25 | Five-Year Program, as provided in
Section 2.01 of this Act, the | ||||||
26 | proposed program and budget shall specifically
identify any |
| |||||||
| |||||||
1 | respect in which the recommended program deviates from the
| ||||||
2 | Authority's then existing Five-Year Program, giving the | ||||||
3 | reasons for such
deviation.
The fiscal year of the Division | ||||||
4 | shall be the same as the fiscal
year of the Authority. Before | ||||||
5 | the proposed budget and program, and the ,
financial
plan, and | ||||||
6 | five-year capital program are submitted to the Authority, the | ||||||
7 | Commuter Rail Board shall hold
at least one public hearing | ||||||
8 | thereon in each of the counties in the metropolitan
region in | ||||||
9 | which the Division provides service. The Commuter Rail Board
| ||||||
10 | shall hold at least one meeting for consideration of the | ||||||
11 | proposed program and budget , financial plan, and five-year | ||||||
12 | capital plan with the county board of each of the several | ||||||
13 | counties in the
metropolitan region in which the Division | ||||||
14 | provides service. After conducting
such hearings and holding | ||||||
15 | such meetings and after making such changes in
the proposed | ||||||
16 | program and budget , financial plan, and five-year capital plan
| ||||||
17 | as the Commuter Rail Board deems appropriate,
the board shall | ||||||
18 | adopt its annual budget ordinance at least by November 15 next
| ||||||
19 | preceding
the beginning of each fiscal year. The budget and | ||||||
20 | program ,
and the financial
plan, and five-year capital program
| ||||||
21 | shall then be submitted to the Authority as provided in Section | ||||||
22 | 4.11.
In the event that the Board of the Authority determines | ||||||
23 | that the budget
and program, and financial plan do not meet the | ||||||
24 | standards of Section 4.11,
the Commuter Rail Board shall make | ||||||
25 | such changes as are necessary to meet
such requirements and | ||||||
26 | adopt an amended budget ordinance. The amended budget
ordinance |
| |||||||
| |||||||
1 | shall be resubmitted to the Authority pursuant to Section 4.11. | ||||||
2 | The ordinance
shall appropriate such sums of money as are | ||||||
3 | deemed necessary to defray all
necessary expenses and | ||||||
4 | obligations of the Division, specifying purposes
and the | ||||||
5 | objects or programs for which appropriations are made and the | ||||||
6 | amount
appropriated for each object or program. Additional | ||||||
7 | appropriations, transfers
between items and other changes in | ||||||
8 | such ordinance which do not alter the
basis upon which the | ||||||
9 | balanced budget determination was made by the Board
of the | ||||||
10 | Authority may be made from time to time by the Commuter Rail | ||||||
11 | Board.
| ||||||
12 | The budget shall:
| ||||||
13 | (i) show a balance between (A) anticipated revenues | ||||||
14 | from all sources including
operating subsidies and (B) the | ||||||
15 | costs of providing the services specified
and of funding | ||||||
16 | any operating deficits or encumbrances incurred in prior
| ||||||
17 | periods, including provision for payment when due of | ||||||
18 | principal and interest
on outstanding indebtedness;
| ||||||
19 | (ii) show cash balances including the proceeds of any | ||||||
20 | anticipated cash
flow borrowing sufficient to pay with | ||||||
21 | reasonable promptness all costs
and expenses as incurred;
| ||||||
22 | (iii) provide for a level of fares or charges for the | ||||||
23 | public transportation
provided by or subject to the | ||||||
24 | jurisdiction of such Commuter Rail Board sufficient
to | ||||||
25 | allow the Commuter Rail Board to meet its required system | ||||||
26 | generated
revenue recovery ratio;
|
| |||||||
| |||||||
1 | (iv) be based upon and employ assumptions and | ||||||
2 | projections which the Board
of the Authority finds to be | ||||||
3 | reasonable and prudent;
| ||||||
4 | (v) have been prepared in accordance with sound | ||||||
5 | financial practices as
determined by the Board of the | ||||||
6 | Authority;
| ||||||
7 | (vi) meet such other uniform financial, budgetary, or | ||||||
8 | fiscal requirements
that the Board of the Authority may by | ||||||
9 | rule or regulation establish; and
| ||||||
10 | (vii) (blank). be consistent with the goals and | ||||||
11 | objectives adopted by the Regional Transportation | ||||||
12 | Authority in the Strategic Plan.
| ||||||
13 | (Source: P.A. 95-708, eff. 1-18-08.)
| ||||||
14 | (70 ILCS 3615/3B.11) (from Ch. 111 2/3, par. 703B.11)
| ||||||
15 | Sec. 3B.11. Citizens Advisory Board. The Commuter Rail | ||||||
16 | Board shall
establish a citizens advisory board composed of ten | ||||||
17 | residents of those portions
of the metropolitan region in which | ||||||
18 | the Commuter Rail Board provides service
who have an interest | ||||||
19 | in public transportation. The members of the advisory
board | ||||||
20 | shall be named for two year terms, shall select one of their | ||||||
21 | members
to serve as chairman and shall serve without | ||||||
22 | compensation. The citizens
advisory board shall meet with the | ||||||
23 | Commuter Rail Board at least quarterly
and advise the Commuter | ||||||
24 | Rail Board of the impact of its policies and programs
on the | ||||||
25 | communities it serves. Appointments to the citizens advisory |
| |||||||
| |||||||
1 | board should, to the greatest extent possible, reflect the | ||||||
2 | ethnic, cultural, and geographic diversity of all persons | ||||||
3 | residing within the Commuter Rail Division's jurisdiction.
| ||||||
4 | (Source: P.A. 95-708, eff. 1-18-08.)
| ||||||
5 | (70 ILCS 3615/3B.12) (from Ch. 111 2/3, par. 703B.12)
| ||||||
6 | Sec. 3B.12. Working Cash Borrowing. The Commuter Rail Board | ||||||
7 | with the
affirmative vote of 5 7
of its Directors may demand | ||||||
8 | and direct the Board
of the Authority to issue Working Cash | ||||||
9 | Notes at such time and in such amounts
and having such | ||||||
10 | maturities as the Commuter Rail Board deems proper, provided
| ||||||
11 | however any such borrowing shall have been specifically | ||||||
12 | identified in the
budget of the Commuter Rail Board as approved | ||||||
13 | by the Board of the Authority.
Provided further, that the | ||||||
14 | Commuter Rail Board may not demand and direct the Board
of the | ||||||
15 | Authority to have issued and have outstanding at any time in | ||||||
16 | excess of
$20,000,000 in Working Cash Notes.
| ||||||
17 | (Source: P.A. 95-708, eff. 1-18-08.)
| ||||||
18 | (70 ILCS 3615/3B.13) (from Ch. 111 2/3, par. 703B.13)
| ||||||
19 | Sec. 3B.13. Labor. | ||||||
20 | (a) The provisions of this Section apply to collective
| ||||||
21 | bargaining agreements (including extensions and amendments of | ||||||
22 | existing
agreements) entered into on or after January 1, 1984. | ||||||
23 | This Section does not
apply to collective bargaining agreements | ||||||
24 | that are subject to the
provisions of the Railway Labor Act, as |
| |||||||
| |||||||
1 | now or hereafter amended.
| ||||||
2 | (b) The Commuter Rail Board shall deal with and enter into | ||||||
3 | written
contracts with their employees, through accredited | ||||||
4 | representatives of such
employees authorized to act for such | ||||||
5 | employees concerning wages, salaries,
hours, working | ||||||
6 | conditions,
and pension or retirement provisions about which a | ||||||
7 | collective bargaining
agreement has been entered prior to the | ||||||
8 | effective date of this amendatory
Act of 1983. Any such | ||||||
9 | agreement of the Commuter Rail Board shall provide
that the | ||||||
10 | agreement may be reopened if the amended budget submitted | ||||||
11 | pursuant
to Section 2.18a of this Act is not approved by the | ||||||
12 | Board of the Authority.
The agreement may not include a | ||||||
13 | provision requiring the payment of wage
increases based on | ||||||
14 | changes in the Consumer Price Index.
The Commuter Rail Board | ||||||
15 | shall not have the authority to enter collective
bargaining | ||||||
16 | agreements with respect to inherent management rights which | ||||||
17 | include
such areas of discretion or policy as the functions of | ||||||
18 | the employer, standards
of services, its overall budget, the | ||||||
19 | organizational structure and selection
of new employees and | ||||||
20 | direction of personnel. Employers, however, shall
be required | ||||||
21 | to bargain collectively with regard to policy matters directly
| ||||||
22 | affecting wages, hours and terms and conditions of employment, | ||||||
23 | as well as
the impact thereon, upon request by employee | ||||||
24 | representatives. To preserve
the rights of the Commuter Rail | ||||||
25 | Board and exclusive representatives which
have established | ||||||
26 | collective bargaining relationships or negotiated
collective |
| |||||||
| |||||||
1 | bargaining agreements prior to the effective date of this
| ||||||
2 | amendatory Act of 1983, the Commuter Rail Board shall be | ||||||
3 | required to
bargain collectively with regard to any matter | ||||||
4 | concerning wages, hours or
conditions of employment about which | ||||||
5 | they have bargained prior to the
effective date of this | ||||||
6 | amendatory Act of 1983.
| ||||||
7 | (c) The collective bargaining agreement may not include a | ||||||
8 | prohibition
on the use of part-time operators on any service | ||||||
9 | operated by the Commuter
Rail Board except where prohibited by | ||||||
10 | federal law.
| ||||||
11 | (d) Within 30 days of the signing of any such collective | ||||||
12 | bargaining
agreement, the Commuter Rail Board shall determine | ||||||
13 | the costs of each
provision of the agreement, prepare an | ||||||
14 | amended budget incorporating the
costs of the agreement, and | ||||||
15 | present the amended budget to the Board of the
Authority for | ||||||
16 | its approval under Section 4.11. The Board may approve the
| ||||||
17 | amended budget by an affirmative vote of 9 12
of its then | ||||||
18 | Directors. If the
budget is not approved by the Board of the | ||||||
19 | Authority, the agreement may be
reopened and its terms may be | ||||||
20 | renegotiated. Any amended budget which may be
prepared | ||||||
21 | following renegotiation shall be presented to the Board of the
| ||||||
22 | Authority for its approval in like manner.
| ||||||
23 | (Source: P.A. 95-708, eff. 1-18-08.)
| ||||||
24 | (70 ILCS 3615/4.01) (from Ch. 111 2/3, par. 704.01)
| ||||||
25 | Sec. 4.01. Budget and Program.
|
| |||||||
| |||||||
1 | (a) The Board shall control the finances
of the Authority. | ||||||
2 | It shall by ordinance adopted by the affirmative vote of at | ||||||
3 | least 12 of its then Directors (i) appropriate money to perform | ||||||
4 | the
Authority's purposes and provide for payment of debts and | ||||||
5 | expenses of
the Authority , (ii) take action with respect to the | ||||||
6 | budget and two-year financial plan of each Service Board, as | ||||||
7 | provided in Section 4.11, and (iii) adopt an Annual Budget and | ||||||
8 | Two-Year Financial Plan for the Authority that includes the | ||||||
9 | annual budget and two-year financial plan of each Service Board | ||||||
10 | that has been approved by the Authority . Each year the | ||||||
11 | Authority shall prepare and publish a
comprehensive annual | ||||||
12 | budget and program document describing the state of
the | ||||||
13 | Authority and presenting for the forthcoming fiscal year the
| ||||||
14 | Authority's plans for such operations and capital expenditures | ||||||
15 | as the
Authority intends to undertake and the means by which it | ||||||
16 | intends to
finance them. The proposed program and budget Annual | ||||||
17 | Budget and Two-Year Financial Plan
shall contain a statement
of | ||||||
18 | the funds estimated to be on hand for the Authority and each | ||||||
19 | Service Board at the beginning of the fiscal
year, the funds | ||||||
20 | estimated to be received from all sources for such year , the | ||||||
21 | estimated expenses and obligations of the Authority and each | ||||||
22 | Service Board for all purposes, including expenses for | ||||||
23 | contributions to be made with respect to pension and other | ||||||
24 | employee benefits,
and the funds estimated to be on hand at the | ||||||
25 | end of such year. After
adoption of the Authority's first | ||||||
26 | Five-Year Program, as provided in
Section 2.01 of this Act, the |
| |||||||
| |||||||
1 | proposed program and budget shall
specifically identify any | ||||||
2 | respect in which the recommended program
deviates from the | ||||||
3 | Authority's then existing Five-Year Program, giving
the | ||||||
4 | reasons for such deviation. The fiscal year of the Authority | ||||||
5 | and each Service Board shall
begin on January 1st and end on | ||||||
6 | the succeeding December 31st.
By July 1st of each year the | ||||||
7 | Director of the
Illinois
Governor's Office of Management and | ||||||
8 | Budget (formerly Bureau of the
Budget) shall submit
to the | ||||||
9 | Authority an estimate of revenues for the next fiscal year of | ||||||
10 | the Authority to be
collected from the taxes imposed by the | ||||||
11 | Authority and the amounts to be
available in the Public | ||||||
12 | Transportation Fund and the Regional Transportation
Authority | ||||||
13 | Occupation and Use Tax Replacement Fund and the amounts | ||||||
14 | otherwise to be appropriated by the State to the Authority for | ||||||
15 | its purposes . The budget and program shall be presented to The | ||||||
16 | Authority shall file a copy of its Annual Budget and Two-Year | ||||||
17 | Financial Plan with
the
General Assembly and the Governor not | ||||||
18 | later than the preceding December 31 after its adoption . Before | ||||||
19 | the proposed budget and program Annual Budget and Two-Year | ||||||
20 | Financial Plan
is adopted, the Authority
shall hold at least | ||||||
21 | one public hearing thereon
in the metropolitan region . The | ||||||
22 | Board shall had at least one meeting for consideration of the | ||||||
23 | proposed program and budget , and shall meet
with the county | ||||||
24 | board or its designee of
each of the several counties in the | ||||||
25 | metropolitan region. After conducting
such hearings and | ||||||
26 | holding such meetings and after making such changes
in the |
| |||||||
| |||||||
1 | proposed program and budget Annual Budget and Two-Year | ||||||
2 | Financial Plan
as the Board deems appropriate, the
Board shall | ||||||
3 | adopt its annual budget appropriation and Annual Budget and | ||||||
4 | Two-Year Financial Plan
ordinance. The ordinance may be adopted
| ||||||
5 | only upon the affirmative votes of 9 12
of its then Directors. | ||||||
6 | The
ordinance shall appropriate such sums of money as are | ||||||
7 | deemed necessary
to defray all necessary expenses and | ||||||
8 | obligations of the Authority,
specifying purposes and the | ||||||
9 | objects or programs for which appropriations
are made and the | ||||||
10 | amount appropriated for each object or program.
Additional | ||||||
11 | appropriations, transfers between items and other changes in
| ||||||
12 | such ordinance may be made from time to time by the Board upon | ||||||
13 | the
affirmative votes of 9 12
of its then Directors.
| ||||||
14 | (b) The budget Annual Budget and Two-Year Financial Plan
| ||||||
15 | shall show a balance between anticipated revenues from
all | ||||||
16 | sources and anticipated expenses including funding of | ||||||
17 | operating deficits
or the discharge of encumbrances incurred in | ||||||
18 | prior periods and payment of
principal and interest when due, | ||||||
19 | and shall show cash balances sufficient
to pay with reasonable | ||||||
20 | promptness all obligations and expenses as incurred.
| ||||||
21 | The annual budget and financial plan Annual Budget and | ||||||
22 | Two-Year Financial Plan
must show: | ||||||
23 |
(i) that the level of fares
and charges for mass | ||||||
24 | transportation provided by, or under grant or purchase
of | ||||||
25 | service contracts of, the Service Boards is sufficient to | ||||||
26 | cause the
aggregate of all projected fare revenues from |
| |||||||
| |||||||
1 | such fares and charges received
in each fiscal year to | ||||||
2 | equal at least 50% of the aggregate costs of providing
such | ||||||
3 | public transportation in such fiscal year. "Fare revenues" | ||||||
4 | include
the proceeds of all fares and charges for services | ||||||
5 | provided, contributions
received in connection with public | ||||||
6 | transportation from units of local
government other than | ||||||
7 | the Authority , except for contributions received by the | ||||||
8 | Chicago Transit Authority from a real estate transfer tax | ||||||
9 | imposed under subsection (i) of Section 8-3-19 of the | ||||||
10 | Illinois Municipal Code, and from the State pursuant to | ||||||
11 | subsection
(i) of Section 2705-305 of the Department of | ||||||
12 | Transportation Law (20 ILCS
2705/2705-305), and all other | ||||||
13 | operating revenues properly included consistent
with | ||||||
14 | generally accepted accounting principles but do not | ||||||
15 | include: the proceeds
of any borrowings, and, beginning | ||||||
16 | with the 2007 fiscal year, all revenues and receipts, | ||||||
17 | including but not limited to fares and grants received from | ||||||
18 | the federal, State or any unit of local government or other | ||||||
19 | entity, derived from providing ADA paratransit service | ||||||
20 | pursuant to Section 2.30 of the Regional Transportation | ||||||
21 | Authority Act. "Costs" include all items properly included | ||||||
22 | as operating
costs consistent with generally accepted | ||||||
23 | accounting principles, including
administrative costs, but | ||||||
24 | do not include: depreciation; payment of principal
and | ||||||
25 | interest on bonds, notes or
other evidences of obligation | ||||||
26 | for borrowed money issued by the Authority;
payments with |
| |||||||
| |||||||
1 | respect to public transportation facilities made pursuant
| ||||||
2 | to subsection (b) of Section 2.20 of this Act; any payments | ||||||
3 | with respect
to rate protection contracts, credit | ||||||
4 | enhancements or liquidity agreements
made under Section | ||||||
5 | 4.14; any other cost to which it
is reasonably expected | ||||||
6 | that a cash expenditure
will not be made; costs up to | ||||||
7 | $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; the payment by the Chicago Transit Authority | ||||||
14 | of Debt Service, as defined in Section 12c of the | ||||||
15 | Metropolitan Transit Authority Act, on bonds or notes | ||||||
16 | issued pursuant to that Section; the payment by the | ||||||
17 | Commuter Rail Division of debt service on bonds issued | ||||||
18 | pursuant to Section 3B.09; expenses incurred by the | ||||||
19 | Suburban Bus Division for the cost of new public | ||||||
20 | transportation services funded from grants pursuant to | ||||||
21 | Section 2.01e of this amendatory Act of the 95th General | ||||||
22 | Assembly for a period of 2 years from the date of | ||||||
23 | initiation of each such service; costs as exempted by the | ||||||
24 | Board for
projects pursuant to Section 2.09 of this Act; | ||||||
25 | or, beginning with the 2007 fiscal year, expenses related | ||||||
26 | to providing ADA paratransit service pursuant to Section |
| |||||||
| |||||||
1 | 2.30 of the Regional Transportation Authority Act; and in | ||||||
2 | fiscal years 2008 through 2012 inclusive, costs in the | ||||||
3 | amount of $200,000,000 in fiscal year 2008, reducing by | ||||||
4 | $40,000,000 in each fiscal year thereafter until this | ||||||
5 | exemption is eliminated ; and | ||||||
6 | (ii) that the level of fares charged for ADA | ||||||
7 | paratransit services is sufficient to cause the aggregate | ||||||
8 | of all projected revenues from such fares charged and | ||||||
9 | received in each fiscal year to equal at least 10% of the | ||||||
10 | aggregate costs of providing such ADA paratransit | ||||||
11 | services. For purposes of this Act, the percentages in this | ||||||
12 | subsection (b)(ii) shall be referred to as the "system | ||||||
13 | generated ADA paratransit services revenue recovery | ||||||
14 | ratio". For purposes of the system generated ADA | ||||||
15 | paratransit services revenue recovery ratio, "costs" shall | ||||||
16 | include all items properly included as operating costs | ||||||
17 | consistent with generally accepted accounting principles. | ||||||
18 | However, the Board may exclude from costs an amount that | ||||||
19 | does not exceed the allowable "capital costs of | ||||||
20 | contracting" for ADA paratransit services pursuant to the | ||||||
21 | Federal Transit Administration guidelines for the | ||||||
22 | Urbanized Area Formula Program.
| ||||||
23 | (c) The actual administrative expenses of the Authority for | ||||||
24 | the fiscal
year commencing January 1, 1985 may not exceed | ||||||
25 | $5,000,000.
The actual administrative expenses of the | ||||||
26 | Authority for the fiscal year
commencing January 1, 1986, and |
| |||||||
| |||||||
1 | for each fiscal year thereafter shall not
exceed the maximum | ||||||
2 | administrative expenses for the previous fiscal year plus
5%. | ||||||
3 | "Administrative
expenses" are defined for purposes of this | ||||||
4 | Section as all expenses except:
(1) capital expenses and | ||||||
5 | purchases of the Authority on behalf of the Service
Boards; (2) | ||||||
6 | payments to Service Boards; and (3) payment of principal
and | ||||||
7 | interest on bonds, notes or other evidence of obligation for | ||||||
8 | borrowed
money issued by the Authority; (4) costs for passenger | ||||||
9 | security including
grants, contracts, personnel, equipment and | ||||||
10 | administrative expenses; (5)
payments with respect to public | ||||||
11 | transportation facilities made pursuant to
subsection (b) of | ||||||
12 | Section 2.20 of this Act; and (6) any payments with
respect to | ||||||
13 | rate protection contracts, credit enhancements or liquidity
| ||||||
14 | agreements made pursuant to Section 4.14.
| ||||||
15 | (d) This subsection applies only until the Department | ||||||
16 | begins administering and enforcing an increased tax under | ||||||
17 | Section 4.03(m) as authorized by this amendatory Act of the | ||||||
18 | 95th General Assembly and applies again on and after the | ||||||
19 | effective date of this amendatory Act of the 98th General | ||||||
20 | Assembly . After withholding 15% of the proceeds of any tax | ||||||
21 | imposed by the
Authority and 15% of money received by the | ||||||
22 | Authority from the Regional
Transportation Authority | ||||||
23 | Occupation and Use Tax Replacement Fund,
the Board shall | ||||||
24 | allocate the proceeds and money remaining to the Service
Boards | ||||||
25 | as follows: (1) an amount equal to 85% of the proceeds of those
| ||||||
26 | taxes collected within the City of Chicago and 85% of the money |
| |||||||
| |||||||
1 | received by
the Authority on account of transfers to the | ||||||
2 | Regional Transportation
Authority Occupation and Use Tax | ||||||
3 | Replacement Fund from the County and Mass
Transit District Fund | ||||||
4 | attributable to retail sales within the City of
Chicago shall | ||||||
5 | be allocated to the Chicago Transit
Authority; (2) an amount | ||||||
6 | equal to 85% of the proceeds of those taxes
collected within | ||||||
7 | Cook County outside the City of Chicago and 85% of the
money | ||||||
8 | received by the Authority on account of transfers to the | ||||||
9 | Regional
Transportation Authority Occupation and Use Tax | ||||||
10 | Replacement Fund from the
County and Mass Transit District Fund | ||||||
11 | attributable to retail sales within
Cook County outside of the | ||||||
12 | city of Chicago shall be allocated
30% to the Chicago Transit | ||||||
13 | Authority, 55% to the Commuter Rail Board and
15% to the | ||||||
14 | Suburban Bus Board; and (3) an amount equal to 85% of the
| ||||||
15 | proceeds of the taxes collected within the Counties of DuPage, | ||||||
16 | Kane, Lake,
McHenry and Will shall be allocated 70% to the | ||||||
17 | Commuter Rail Board and 30%
to the Suburban Bus Board.
| ||||||
18 | (e) This subsection applies only until the Department | ||||||
19 | begins administering and enforcing an increased tax under | ||||||
20 | Section 4.03(m) as authorized by this amendatory Act of the | ||||||
21 | 95th General Assembly and applies again on and after the | ||||||
22 | effective date of this amendatory Act of the 98th General | ||||||
23 | Assembly . Moneys received by the Authority on account of | ||||||
24 | transfers to the
Regional Transportation Authority Occupation | ||||||
25 | and Use Tax Replacement Fund
from the State and Local Sales Tax | ||||||
26 | Reform Fund shall be
allocated among the Authority and the |
| |||||||
| |||||||
1 | Service Boards as follows: 15% of
such moneys shall be retained | ||||||
2 | by the Authority and the remaining 85%
shall be transferred to | ||||||
3 | the Service Boards as soon as may be
practicable after the | ||||||
4 | Authority receives payment. Moneys which are
distributable to | ||||||
5 | the Service Boards pursuant to the preceding sentence
shall be | ||||||
6 | allocated among the Service Boards on the basis of each Service
| ||||||
7 | Board's distribution ratio. The term "distribution ratio" | ||||||
8 | means,
for purposes of this subsection (e) of this Section | ||||||
9 | 4.01, the ratio of
the total amount distributed to a Service | ||||||
10 | Board pursuant to subsection (d)
of Section 4.01 for the | ||||||
11 | immediately preceding calendar year to the total
amount | ||||||
12 | distributed to all of the Service Boards pursuant to subsection | ||||||
13 | (d)
of Section 4.01 for the immediately preceding calendar | ||||||
14 | year.
| ||||||
15 | (f) To further and accomplish the preparation of the annual | ||||||
16 | budget and
program as well as the Five-Year Program provided | ||||||
17 | for in Section 2.01 of
this Act and to make such interim | ||||||
18 | management decisions as may be
necessary, carry out its duties | ||||||
19 | and responsibilities under this Act,
the Board shall employ | ||||||
20 | staff which shall: (1) propose for adoption by the Board of the | ||||||
21 | Authority rules for the Service Boards that establish (i) forms | ||||||
22 | and schedules to be used and information required to be | ||||||
23 | provided with respect to a five-year capital program, annual | ||||||
24 | budgets, and two-year financial plans and regular reporting of | ||||||
25 | actual results against adopted budgets and financial plans, | ||||||
26 | (ii) financial practices to be followed in the budgeting and |
| |||||||
| |||||||
1 | expenditure of public funds, (iii) assumptions and projections | ||||||
2 | that must be followed in preparing and submitting its annual | ||||||
3 | budget and two-year financial plan or a five-year capital | ||||||
4 | program; (2) evaluate for
the Board public transportation | ||||||
5 | programs operated or proposed by
the Service Boards and
| ||||||
6 | transportation agencies in terms of the goals costs, and | ||||||
7 | relative priorities and objectives set out in the Strategic | ||||||
8 | Plan ; (2) (3)
keep the Board and the public informed of the | ||||||
9 | public transportation programs and accomplishments of such | ||||||
10 | transportation agencies extent to which the Service Boards and | ||||||
11 | transportation agencies are meeting the goals and objectives | ||||||
12 | adopted by the Authority in the Strategic Plan ; and (3) | ||||||
13 | coordinate the development and implementation of public | ||||||
14 | transportation program (4) assess the efficiency or adequacy of | ||||||
15 | public transportation services provided by a Service Board and | ||||||
16 | make recommendations for change in that service
to the end that | ||||||
17 | the moneys
available to the Authority may be
expended in the | ||||||
18 | most economical manner possible with the least possible
| ||||||
19 | duplication. | ||||||
20 | (g) Under such regulations as the Board may prescribe, all | ||||||
21 | All
Service Boards, transportation agencies, comprehensive | ||||||
22 | planning agencies, including the Chicago Metropolitan Agency | ||||||
23 | for Planning, or
transportation planning agencies in the | ||||||
24 | metropolitan region shall
furnish to the Board Authority
such | ||||||
25 | information pertaining to public
transportation or relevant | ||||||
26 | for plans therefor as it may from time to time
require upon |
| |||||||
| |||||||
1 | payment to any such agency or Service Board of the reasonable
| ||||||
2 | additional cost of its so providing such information except as | ||||||
3 | may
otherwise be provided by agreement with the Authority, and | ||||||
4 | the Board or
any duly authorized employee of the Board . The | ||||||
5 | Executive Director, or his or her designee, shall, for the | ||||||
6 | purpose of
securing any such information necessary or | ||||||
7 | appropriate to carry out any of the powers and responsibilities | ||||||
8 | of the Authority under this Act , have access to, and the right | ||||||
9 | to examine, all
books, documents, papers or records of a | ||||||
10 | Service Board or any such transportation
agency receiving funds | ||||||
11 | from the Authority
or Service Board , and such Service Board or | ||||||
12 | transportation agency shall comply with any request by the | ||||||
13 | Executive Director, or his or her designee, within 30 days or | ||||||
14 | an extended time provided by the Executive Director .
| ||||||
15 | (h) (Blank). No Service Board shall undertake any capital | ||||||
16 | improvement which is not identified in the Five-Year Capital | ||||||
17 | Program.
| ||||||
18 | (Source: P.A. 94-370, eff. 7-29-05; 95-708, eff. 1-18-08; | ||||||
19 | 95-906, eff. 8-26-08.)
| ||||||
20 | (70 ILCS 3615/4.02) (from Ch. 111 2/3, par. 704.02)
| ||||||
21 | Sec. 4.02. Federal, State and Other Funds. | ||||||
22 | (a) The Authority shall have the power to apply for, | ||||||
23 | receive and expend
grants, loans or other funds from the State | ||||||
24 | of Illinois or any department
or agency thereof, from any unit | ||||||
25 | of local government, from the federal
government or any |
| |||||||
| |||||||
1 | department or agency thereof,
for use in connection with any of | ||||||
2 | the powers or purposes of the Authority
as set forth in this | ||||||
3 | Act. The Authority shall have power to make such
studies as may | ||||||
4 | be necessary and to enter into contracts or agreements with
the | ||||||
5 | State of Illinois or any department or agency thereof, with any | ||||||
6 | unit of
local government, or with the federal government or any | ||||||
7 | department or
agency thereof, concerning such grants, loans or
| ||||||
8 | other funds, or any conditions relating thereto, including | ||||||
9 | obligations to
repay such funds. The Authority may make such | ||||||
10 | covenants concerning such
grants, loans and funds as it deems | ||||||
11 | proper and necessary in carrying out
its responsibilities, | ||||||
12 | purposes and powers as provided in this Act.
| ||||||
13 | (b) The Authority shall be the primary public body in the | ||||||
14 | metropolitan
region with authority to apply for and receive any | ||||||
15 | grants, loans or other
funds relating to public transportation | ||||||
16 | programs from the State of Illinois
or any department or agency | ||||||
17 | thereof, or from the federal government or any
department or | ||||||
18 | agency thereof. Any unit of local government, Service Board
or | ||||||
19 | transportation agency may apply for and receive any such | ||||||
20 | federal
or state capital grants, loans or other funds, | ||||||
21 | provided, however that a
Service Board may not apply
for or | ||||||
22 | receive any grant or loan which is not identified in the | ||||||
23 | Five-Year Capital Program.
Any Service Board, unit of local | ||||||
24 | government or transportation agency
shall notify the Authority | ||||||
25 | prior to making any such application and shall
file a copy | ||||||
26 | thereof with the Authority. Nothing in this Section shall be
|
| |||||||
| |||||||
1 | construed to impose any limitation on the ability of the State | ||||||
2 | of Illinois
or any department or agency thereof, any unit of | ||||||
3 | local government or Service
Board or
transportation agency to | ||||||
4 | make any grants or to enter into any agreement or
contract with | ||||||
5 | the National Rail Passenger Corporation. Nor shall anything
in | ||||||
6 | this Section impose any limitation on the ability of any school | ||||||
7 | district
to apply for or receive any grant, loan or other funds | ||||||
8 | for transportation
of school children.
| ||||||
9 | (c) The Authority shall provide to the Service Board any | ||||||
10 | monies received
relating to public transportation services | ||||||
11 | under the jurisdiction of the
Service Boards as follows: | ||||||
12 | provided in Section 4.03.3 of this Act.
| ||||||
13 | (1) As soon as may be practicable after the Authority | ||||||
14 | receives payment,
under Section 4.03(m) or Section | ||||||
15 | 4.03.1(d), of the proceeds of those taxes
levied by the | ||||||
16 | Authority,
the Authority shall transfer to each Service | ||||||
17 | Board the amount to which it
is entitled under Section | ||||||
18 | 4.01(d). | ||||||
19 | (2) The Authority by ordinance adopted by 9 of its then | ||||||
20 | Directors
shall establish a formula apportioning any | ||||||
21 | federal funds for operating assistance
purposes the | ||||||
22 | Authority receives to each Service Board. In establishing | ||||||
23 | the
formula, the Board shall consider, among other factors: | ||||||
24 | ridership levels,
the efficiency with which the service is | ||||||
25 | provided, the degree of transit
dependence of the area | ||||||
26 | served and the cost of service. That portion of
any federal |
| |||||||
| |||||||
1 | funds for operating assistance received by the Authority | ||||||
2 | shall
be paid to each Service Board as soon as may be | ||||||
3 | practicable upon their receipt
provided the Authority has | ||||||
4 | adopted a balanced budget as required by Section
4.01 and | ||||||
5 | further provided that the Service Boards are in compliance | ||||||
6 | with
the requirements in Section 4.11. | ||||||
7 | (3) The Authority by ordinance adopted by 9 of its then | ||||||
8 | Directors shall
apportion to the Service Boards funds | ||||||
9 | provided by the State of Illinois
under Section 4.09 and | ||||||
10 | shall make payment of said funds to each Service
Board as | ||||||
11 | soon as may be practicable upon their receipt provided the | ||||||
12 | Authority
has adopted a balanced budget as required by | ||||||
13 | Section 4.01 and further provided
the Service Board is in | ||||||
14 | compliance with the requirements in Section 4.11. | ||||||
15 | (4) Beginning January 1, 2009, before making any | ||||||
16 | payments, transfers, or expenditures under this subsection | ||||||
17 | to a Service Board, the Authority must first comply with | ||||||
18 | Section 4.02a or 4.02b of this Act, whichever may be | ||||||
19 | applicable. | ||||||
20 | (Source: P.A. 94-839, eff. 6-6-06; 95-331, eff. 8-21-07; | ||||||
21 | 95-708, eff. 1-18-08.)
| ||||||
22 | (70 ILCS 3615/4.02a) | ||||||
23 | Sec. 4.02a. Chicago Transit Authority contributions to | ||||||
24 | pension funds.
| ||||||
25 | (a) The Authority shall continually review the Chicago |
| |||||||
| |||||||
1 | Transit Authority's payment of the required contributions to | ||||||
2 | its retirement system under Section 22-101 of the Illinois | ||||||
3 | Pension Code.
| ||||||
4 | (b) Beginning January 1, 2009, if at any time the Authority | ||||||
5 | determines that the Chicago Transit Authority's payment of any | ||||||
6 | portion of the required contributions to its retirement system | ||||||
7 | under Section 22-101 of the Illinois Pension Code is more than | ||||||
8 | one month overdue, it shall as soon as possible pay the amount | ||||||
9 | of those overdue contributions to the trustee Board of Trustees
| ||||||
10 | of the retirement system Retirement Plan
on behalf of the | ||||||
11 | Chicago Transit Authority out of moneys otherwise payable to | ||||||
12 | the Chicago Transit Authority under subsection (c) of Section | ||||||
13 | 4.02 Section 4.03.3
of this Act. The Authority shall thereafter | ||||||
14 | have no liability to the Chicago Transit Authority for amounts | ||||||
15 | paid to the Board of Trustees
of the Retirement Plan
under this | ||||||
16 | Section.
| ||||||
17 | (c) Whenever the Authority acts or determines that it is | ||||||
18 | required to act under subsection (b), it shall so notify the | ||||||
19 | Chicago Transit Authority, the Mayor of Chicago, the Governor, | ||||||
20 | the Auditor General of the State of Illinois, and the General | ||||||
21 | Assembly.
| ||||||
22 | (Source: P.A. 94-839, eff. 6-6-06; 95-708, eff. 1-18-08.) | ||||||
23 | (70 ILCS 3615/4.02b)
| ||||||
24 | Sec. 4.02b. Other contributions to pension funds. | ||||||
25 | (a) The Authority shall continually review the payment of |
| |||||||
| |||||||
1 | the required employer contributions to affected pension plans | ||||||
2 | under Section 22-103 of the Illinois Pension Code.
| ||||||
3 | (b) Beginning January 1, 2009, if at any time the Authority | ||||||
4 | determines that the Commuter Rail Board's or Suburban Bus | ||||||
5 | Board's payment of any portion of the required contributions to | ||||||
6 | an affected pension plan under Section 22-103 of the Illinois | ||||||
7 | Pension Code is more than one month overdue, it shall as soon | ||||||
8 | as possible pay the amount of those overdue contributions to | ||||||
9 | the trustee of the affected pension plan on behalf of that | ||||||
10 | Service Board out of moneys otherwise payable to that Service | ||||||
11 | Board under subsection (c) of Section 4.02 Section 4.03.3
of | ||||||
12 | this Act. The Authority shall thereafter have no liability to | ||||||
13 | the Service Board for amounts paid to the trustee of the | ||||||
14 | affected pension plan under this Section.
| ||||||
15 | (c) Whenever the Authority acts or determines that it is | ||||||
16 | required to act under subsection (b), it shall so notify the | ||||||
17 | affected Service Board, the Mayor of Chicago, the Governor, the | ||||||
18 | Auditor General of the State of Illinois, and the General | ||||||
19 | Assembly.
| ||||||
20 | (d) Beginning January 1, 2009, if the Authority fails to | ||||||
21 | pay to an affected pension fund within 30 days after it is due | ||||||
22 | any employer contribution that it is required to make as a | ||||||
23 | contributing employer under Section 22-103 of the Illinois | ||||||
24 | Pension Code, it shall promptly so notify the Commission on | ||||||
25 | Government Forecasting and Accountability, the Mayor of | ||||||
26 | Chicago, the Governor, and the General Assembly, and it shall |
| |||||||
| |||||||
1 | promptly pay the overdue amount out of the first money | ||||||
2 | available to the Authority for its administrative expenses, as | ||||||
3 | that term is defined in Section 4.01(c).
| ||||||
4 | (Source: P.A. 94-839, eff. 6-6-06; 95-708, eff. 1-18-08.)
| ||||||
5 | (70 ILCS 3615/4.03) (from Ch. 111 2/3, par. 704.03)
| ||||||
6 | Sec. 4.03. Taxes.
| ||||||
7 | (a) In order to carry out any of the powers or
purposes of | ||||||
8 | the Authority, the Board may by ordinance adopted with the
| ||||||
9 | concurrence of 9 12
of the then Directors, impose throughout | ||||||
10 | the
metropolitan region any or all of the taxes provided in | ||||||
11 | this Section.
Except as otherwise provided in this Act, taxes | ||||||
12 | imposed under this
Section and civil penalties imposed incident | ||||||
13 | thereto shall be collected
and enforced by the State Department | ||||||
14 | of Revenue. The Department shall
have the power to administer | ||||||
15 | and enforce the taxes and to determine all
rights for refunds | ||||||
16 | for erroneous payments of the taxes. Nothing in this amendatory | ||||||
17 | Act of the 95th General Assembly is intended to invalidate any | ||||||
18 | taxes currently imposed by the Authority. The increased vote | ||||||
19 | requirements to impose a tax shall only apply to actions taken | ||||||
20 | after the effective date of this amendatory Act of the 95th | ||||||
21 | General Assembly and prior to the effective date of this | ||||||
22 | amendatory Act of the 98th General Assembly .
| ||||||
23 | (b) The Board may impose a public transportation tax upon | ||||||
24 | all
persons engaged in the metropolitan region in the business | ||||||
25 | of selling at
retail motor fuel for operation of motor vehicles |
| |||||||
| |||||||
1 | upon public highways. The
tax shall be at a rate not to exceed | ||||||
2 | 5% of the gross receipts from the sales
of motor fuel in the | ||||||
3 | course of the business. As used in this Act, the term
"motor | ||||||
4 | fuel" shall have the same meaning as in the Motor Fuel Tax Law. | ||||||
5 | The Board may provide for details of the tax. The provisions of
| ||||||
6 | any tax shall conform, as closely as may be practicable, to the | ||||||
7 | provisions
of the Municipal Retailers Occupation Tax Act, | ||||||
8 | including without limitation,
conformity to penalties with | ||||||
9 | respect to the tax imposed and as to the powers of
the State | ||||||
10 | Department of Revenue to promulgate and enforce rules and | ||||||
11 | regulations
relating to the administration and enforcement of | ||||||
12 | the provisions of the tax
imposed, except that reference in the | ||||||
13 | Act to any municipality shall refer to
the Authority and the | ||||||
14 | tax shall be imposed only with regard to receipts from
sales of | ||||||
15 | motor fuel in the metropolitan region, at rates as limited by | ||||||
16 | this
Section.
| ||||||
17 | (c) In connection with the tax imposed under paragraph (b) | ||||||
18 | of
this Section the Board may impose a tax upon the privilege | ||||||
19 | of using in
the metropolitan region motor fuel for the | ||||||
20 | operation of a motor vehicle
upon public highways, the tax to | ||||||
21 | be at a rate not in excess of the rate
of tax imposed under | ||||||
22 | paragraph (b) of this Section. The Board may
provide for | ||||||
23 | details of the tax.
| ||||||
24 | (d) The Board may impose a motor vehicle parking tax upon | ||||||
25 | the
privilege of parking motor vehicles at off-street parking | ||||||
26 | facilities in
the metropolitan region at which a fee is |
| |||||||
| |||||||
1 | charged, and may provide for
reasonable classifications in and | ||||||
2 | exemptions to the tax, for
administration and enforcement | ||||||
3 | thereof and for civil penalties and
refunds thereunder and may | ||||||
4 | provide criminal penalties thereunder, the
maximum penalties | ||||||
5 | not to exceed the maximum criminal penalties provided
in the | ||||||
6 | Retailers' Occupation Tax Act. The
Authority may collect and | ||||||
7 | enforce the tax itself or by contract with
any unit of local | ||||||
8 | government. The State Department of Revenue shall have
no | ||||||
9 | responsibility for the collection and enforcement unless the
| ||||||
10 | Department agrees with the Authority to undertake the | ||||||
11 | collection and
enforcement. As used in this paragraph, the term | ||||||
12 | "parking facility"
means a parking area or structure having | ||||||
13 | parking spaces for more than 2
vehicles at which motor vehicles | ||||||
14 | are permitted to park in return for an
hourly, daily, or other | ||||||
15 | periodic fee, whether publicly or privately
owned, but does not | ||||||
16 | include parking spaces on a public street, the use
of which is | ||||||
17 | regulated by parking meters.
| ||||||
18 | (e) The Board may impose a Regional Transportation | ||||||
19 | Authority
Retailers' Occupation Tax upon all persons engaged in | ||||||
20 | the business of
selling tangible personal property at retail in | ||||||
21 | the metropolitan region.
In Cook County the tax rate shall be | ||||||
22 | 1% 1.25%
of the gross receipts from sales
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 3/4% 1%
of the
gross receipts from other taxable | ||||||
3 | sales made in the course of that business.
In DuPage, Kane, | ||||||
4 | Lake, McHenry, and Will Counties, the tax rate shall be 1/4% | ||||||
5 | 0.75%
of the gross receipts from all taxable sales made in the | ||||||
6 | course of that
business. The tax
imposed under this Section and | ||||||
7 | all civil penalties that may be
assessed as an incident thereof | ||||||
8 | shall be collected and enforced by the
State Department of | ||||||
9 | Revenue. The Department shall have full power to
administer and | ||||||
10 | enforce this Section; to collect all taxes and penalties
so | ||||||
11 | collected in the manner hereinafter provided; and to determine | ||||||
12 | all
rights to credit memoranda arising on account of the | ||||||
13 | erroneous payment
of tax or penalty hereunder. In the | ||||||
14 | administration of, and compliance
with this Section, the | ||||||
15 | Department and persons who are subject to this
Section shall | ||||||
16 | have the same rights, remedies, privileges, immunities,
powers | ||||||
17 | and duties, and be subject to the same conditions, | ||||||
18 | restrictions,
limitations, penalties, exclusions, exemptions | ||||||
19 | and definitions of terms,
and employ the same modes of | ||||||
20 | procedure, as are prescribed in Sections 1,
1a, 1a-1, 1c, 1d, | ||||||
21 | 1e, 1f, 1i, 1j, 2 through 2-65 (in respect to all
provisions | ||||||
22 | therein other than the State rate of tax), 2c, 3 (except as to
| ||||||
23 | the disposition of taxes and penalties collected), 4, 5, 5a, | ||||||
24 | 5b, 5c, 5d,
5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 7, 8, | ||||||
25 | 9, 10, 11, 12 and
13 of the Retailers' Occupation Tax Act and | ||||||
26 | Section 3-7 of the
Uniform Penalty and Interest Act, as fully |
| |||||||
| |||||||
1 | as if those
provisions were set forth herein.
| ||||||
2 | Persons subject to any tax imposed under the authority | ||||||
3 | granted
in this Section may reimburse themselves for their | ||||||
4 | seller's tax
liability hereunder by separately stating the tax | ||||||
5 | as an additional
charge, which charge may be stated in | ||||||
6 | combination in a single amount
with State taxes that sellers | ||||||
7 | are required to collect under the Use
Tax Act, under any | ||||||
8 | bracket schedules the
Department may prescribe.
| ||||||
9 | Whenever the Department determines that a refund should be | ||||||
10 | made under
this Section to a claimant instead of issuing a | ||||||
11 | credit memorandum, the
Department shall notify the State | ||||||
12 | Comptroller, who shall cause the
warrant to be drawn for the | ||||||
13 | amount specified, and to the person named,
in the notification | ||||||
14 | from the Department. The refund shall be paid by
the State | ||||||
15 | Treasurer out of the Regional Transportation Authority tax
fund | ||||||
16 | established under paragraph (n) of this Section.
| ||||||
17 | If a tax is imposed under this subsection (e), a tax shall | ||||||
18 | also
be imposed under subsections (f) and (g) of this Section.
| ||||||
19 | For the purpose of determining whether a tax authorized | ||||||
20 | under this
Section is applicable, a retail sale by a producer | ||||||
21 | of coal or other
mineral mined in Illinois, is a sale at retail | ||||||
22 | at the place where the
coal or other mineral mined in Illinois | ||||||
23 | is extracted from the earth.
This paragraph does not apply to | ||||||
24 | coal or other mineral when it is
delivered or shipped by the | ||||||
25 | seller to the purchaser at a point outside
Illinois so that the | ||||||
26 | sale is exempt under the Federal Constitution as a
sale in |
| |||||||
| |||||||
1 | interstate or foreign commerce.
| ||||||
2 | No tax shall be imposed or collected under this subsection | ||||||
3 | on the sale of a motor vehicle in this State to a resident of | ||||||
4 | another state if that motor vehicle will not be titled in this | ||||||
5 | State.
| ||||||
6 | Nothing in this Section shall be construed to authorize the | ||||||
7 | Regional
Transportation Authority to impose a tax upon the | ||||||
8 | privilege of engaging
in any business that under the | ||||||
9 | Constitution of the United States may
not be made the subject | ||||||
10 | of taxation by this State.
| ||||||
11 | (f) If a tax has been imposed under paragraph (e), a
| ||||||
12 | Regional Transportation Authority Service Occupation
Tax shall
| ||||||
13 | also be imposed upon all persons engaged, in the metropolitan | ||||||
14 | region in
the business of making sales of service, who as an | ||||||
15 | incident to making the sales
of service, transfer tangible | ||||||
16 | personal property within the metropolitan region,
either in the | ||||||
17 | form of tangible personal property or in the form of real | ||||||
18 | estate
as an incident to a sale of service. In Cook County, the | ||||||
19 | tax rate
shall be: (1) 1% 1.25%
of the serviceman's cost price | ||||||
20 | of food prepared for
immediate consumption and transferred | ||||||
21 | incident to a sale of service subject
to the service occupation | ||||||
22 | tax by an entity licensed under the Hospital
Licensing Act, the | ||||||
23 | Nursing Home Care Act, the Specialized Mental Health | ||||||
24 | Rehabilitation Act of 2013, or the ID/DD Community Care Act | ||||||
25 | that is located in the metropolitan
region; (2) 1% 1.25%
of the | ||||||
26 | selling price of food for human consumption that is to
be |
| |||||||
| |||||||
1 | consumed off the premises where it is sold (other than | ||||||
2 | alcoholic
beverages, soft drinks and food that has been | ||||||
3 | prepared for immediate
consumption) and prescription and | ||||||
4 | nonprescription medicines, drugs, medical
appliances and | ||||||
5 | insulin, urine testing materials, syringes and needles used
by | ||||||
6 | diabetics; and (3) 3/4% 1%
of the selling price from other | ||||||
7 | taxable sales of
tangible personal property transferred. In | ||||||
8 | DuPage, Kane, Lake,
McHenry and Will Counties the rate shall be | ||||||
9 | 1/4% 0.75%
of the selling price
of all tangible personal | ||||||
10 | property transferred.
| ||||||
11 | The tax imposed under this paragraph and all civil
| ||||||
12 | penalties that may be assessed as an incident thereof shall be | ||||||
13 | collected
and enforced by the State Department of Revenue. The | ||||||
14 | Department shall
have full power to administer and enforce this | ||||||
15 | paragraph; to collect all
taxes and penalties due hereunder; to | ||||||
16 | dispose of taxes and penalties
collected in the manner | ||||||
17 | hereinafter provided; and to determine all
rights to credit | ||||||
18 | memoranda arising on account of the erroneous payment
of tax or | ||||||
19 | penalty hereunder. In the administration of and compliance
with | ||||||
20 | this paragraph, the Department and persons who are subject to | ||||||
21 | this
paragraph shall have the same rights, remedies, | ||||||
22 | privileges, immunities,
powers and duties, and be subject to | ||||||
23 | the same conditions, restrictions,
limitations, penalties, | ||||||
24 | exclusions, exemptions and definitions of terms,
and employ the | ||||||
25 | same modes of procedure, as are prescribed in Sections 1a-1, 2,
| ||||||
26 | 2a, 3 through 3-50 (in respect to all provisions therein other |
| |||||||
| |||||||
1 | than the
State rate of tax), 4 (except that the reference to | ||||||
2 | the State shall be to
the Authority), 5, 7, 8 (except that the | ||||||
3 | jurisdiction to which the tax
shall be a debt to the extent | ||||||
4 | indicated in that Section 8 shall be the
Authority), 9 (except | ||||||
5 | as to the disposition of taxes and penalties
collected, and | ||||||
6 | except that the returned merchandise credit for this tax may
| ||||||
7 | not be taken against any State tax), 10, 11, 12 (except the | ||||||
8 | reference
therein to Section 2b of the Retailers' Occupation | ||||||
9 | Tax Act), 13 (except
that any reference to the State shall mean | ||||||
10 | the Authority), the first
paragraph of Section 15, 16, 17, 18, | ||||||
11 | 19 and 20 of the Service
Occupation Tax Act and Section 3-7 of | ||||||
12 | the Uniform Penalty and Interest
Act, as fully as if those | ||||||
13 | provisions were set forth herein.
| ||||||
14 | Persons subject to any tax imposed under the authority | ||||||
15 | granted
in this paragraph may reimburse themselves for their | ||||||
16 | serviceman's tax
liability hereunder by separately stating the | ||||||
17 | tax as an additional
charge, that charge may be stated in | ||||||
18 | combination in a single amount
with State tax that servicemen | ||||||
19 | are authorized to collect under the
Service Use Tax Act, under | ||||||
20 | any bracket schedules the
Department may prescribe.
| ||||||
21 | Whenever the Department determines that a refund should be | ||||||
22 | made under
this paragraph to a claimant instead of issuing a | ||||||
23 | credit memorandum, the
Department shall notify the State | ||||||
24 | Comptroller, who shall cause the
warrant to be drawn for the | ||||||
25 | amount specified, and to the person named
in the notification | ||||||
26 | from the Department. The refund shall be paid by
the State |
| |||||||
| |||||||
1 | Treasurer out of the Regional Transportation Authority tax
fund | ||||||
2 | established under paragraph (n) of this Section.
| ||||||
3 | Nothing in this paragraph shall be construed to authorize | ||||||
4 | the
Authority to impose a tax upon the privilege of engaging in | ||||||
5 | any business
that under the Constitution of the United States | ||||||
6 | may not be made the
subject of taxation by the State.
| ||||||
7 | (g) If a tax has been imposed under paragraph (e), a tax | ||||||
8 | shall
also be imposed upon the privilege of using in the | ||||||
9 | metropolitan region,
any item of tangible personal property | ||||||
10 | that is purchased outside the
metropolitan region at retail | ||||||
11 | from a retailer, and that is titled or
registered with an | ||||||
12 | agency of this State's government. In Cook County the
tax rate | ||||||
13 | shall be 3/4% 1%
of the selling price of the tangible personal | ||||||
14 | property,
as "selling price" is defined in the Use Tax Act. In | ||||||
15 | DuPage, Kane, Lake,
McHenry and Will counties the tax rate | ||||||
16 | shall be 1/4% 0.75%
of the selling price of
the tangible | ||||||
17 | personal property, as "selling price" is defined in the
Use Tax | ||||||
18 | Act. The tax shall be collected from persons whose Illinois
| ||||||
19 | address for titling or registration purposes is given as being | ||||||
20 | in the
metropolitan region. The tax shall be collected by the | ||||||
21 | Department of
Revenue for the Regional Transportation | ||||||
22 | Authority. The tax must be paid
to the State, or an exemption | ||||||
23 | determination must be obtained from the
Department of Revenue, | ||||||
24 | before the title or certificate of registration for
the | ||||||
25 | property may be issued. The tax or proof of exemption may be
| ||||||
26 | transmitted to the Department by way of the State agency with |
| |||||||
| |||||||
1 | which, or the
State officer with whom, the tangible personal | ||||||
2 | property must be titled or
registered if the Department and the | ||||||
3 | State agency or State officer
determine that this procedure | ||||||
4 | will expedite the processing of applications
for title or | ||||||
5 | registration.
| ||||||
6 | The Department shall have full power to administer and | ||||||
7 | enforce this
paragraph; to collect all taxes, penalties and | ||||||
8 | interest due hereunder;
to dispose of taxes, penalties and | ||||||
9 | interest collected in the manner
hereinafter provided; and to | ||||||
10 | determine all rights to credit memoranda or
refunds arising on | ||||||
11 | account of the erroneous payment of tax, penalty or
interest | ||||||
12 | hereunder. In the administration of and compliance with this
| ||||||
13 | paragraph, the Department and persons who are subject to this | ||||||
14 | paragraph
shall have the same rights, remedies, privileges, | ||||||
15 | immunities, powers and
duties, and be subject to the same | ||||||
16 | conditions, restrictions,
limitations, penalties, exclusions, | ||||||
17 | exemptions and definitions of terms
and employ the same modes | ||||||
18 | of procedure, as are prescribed in Sections 2
(except the | ||||||
19 | definition of "retailer maintaining a place of business in this
| ||||||
20 | State"), 3 through 3-80 (except provisions pertaining to the | ||||||
21 | State rate
of tax, and except provisions concerning collection | ||||||
22 | or refunding of the tax
by retailers), 4, 11, 12, 12a, 14, 15, | ||||||
23 | 19 (except the portions pertaining
to claims by retailers and | ||||||
24 | except the last paragraph concerning refunds),
20, 21 and 22 of | ||||||
25 | the Use Tax Act, and are not inconsistent with this
paragraph, | ||||||
26 | as fully as if those provisions were set forth herein.
|
| |||||||
| |||||||
1 | Whenever the Department determines that a refund should be | ||||||
2 | made under
this paragraph to a claimant instead of issuing a | ||||||
3 | credit memorandum, the
Department shall notify the State | ||||||
4 | Comptroller, who shall cause the order
to be drawn for the | ||||||
5 | amount specified, and to the person named in the
notification | ||||||
6 | from the Department. The refund shall be paid by the State
| ||||||
7 | Treasurer out of the Regional Transportation Authority tax fund
| ||||||
8 | established under paragraph (n) of this Section.
| ||||||
9 | (h) The Authority may impose a replacement vehicle tax of | ||||||
10 | $50 on any
passenger car as defined in Section 1-157 of the | ||||||
11 | Illinois Vehicle Code
purchased within the metropolitan region | ||||||
12 | by or on behalf of an
insurance company to replace a passenger | ||||||
13 | car of
an insured person in settlement of a total loss claim. | ||||||
14 | The tax imposed
may not become effective before the first day | ||||||
15 | of the month following the
passage of the ordinance imposing | ||||||
16 | the tax and receipt of a certified copy
of the ordinance by the | ||||||
17 | Department of Revenue. The Department of Revenue
shall collect | ||||||
18 | the tax for the Authority in accordance with Sections 3-2002
| ||||||
19 | and 3-2003 of the Illinois Vehicle Code.
| ||||||
20 | The Department shall immediately pay over to the State | ||||||
21 | Treasurer,
ex officio, as trustee, all taxes collected | ||||||
22 | hereunder. | ||||||
23 | As soon as possible after the first day of each month, | ||||||
24 | beginning January 1, 2011, upon certification of the Department | ||||||
25 | of Revenue, the Comptroller shall order transferred, and the | ||||||
26 | Treasurer shall transfer, to the STAR Bonds Revenue Fund the |
| |||||||
| |||||||
1 | local sales tax increment, as defined in the Innovation | ||||||
2 | Development and Economy Act, collected under this Section | ||||||
3 | during the second preceding calendar month for sales within a | ||||||
4 | STAR bond district. | ||||||
5 | After the monthly transfer to the STAR Bonds Revenue Fund, | ||||||
6 | on
or before the 25th day of each calendar month, the | ||||||
7 | Department shall
prepare and certify to the Comptroller the | ||||||
8 | disbursement of stated sums
of money to the Authority. The | ||||||
9 | amount to be paid to the Authority shall be
the amount | ||||||
10 | collected hereunder during the second preceding calendar month
| ||||||
11 | by the Department, less any amount determined by the Department | ||||||
12 | to be
necessary for the payment of refunds, and less any | ||||||
13 | amounts that are transferred to the STAR Bonds Revenue Fund. | ||||||
14 | Within 10 days after receipt by the
Comptroller of the | ||||||
15 | disbursement certification to the Authority provided
for in | ||||||
16 | this Section to be given to the Comptroller by the Department, | ||||||
17 | the
Comptroller shall cause the orders to be drawn for that | ||||||
18 | amount in
accordance with the directions contained in the | ||||||
19 | certification.
| ||||||
20 | (i) The Board may not impose any other taxes except as it | ||||||
21 | may from
time to time be authorized by law to impose.
| ||||||
22 | (j) A certificate of registration issued by the State | ||||||
23 | Department of
Revenue to a retailer under the Retailers' | ||||||
24 | Occupation Tax Act or under the
Service Occupation Tax Act | ||||||
25 | shall permit the registrant to engage in a
business that is | ||||||
26 | taxed under the tax imposed under paragraphs
(b), (e), (f) or |
| |||||||
| |||||||
1 | (g) of this Section and no additional registration
shall be | ||||||
2 | required under the tax. A certificate issued under the
Use Tax | ||||||
3 | Act or the Service Use Tax Act shall be applicable with regard | ||||||
4 | to
any tax imposed under paragraph (c) of this Section.
| ||||||
5 | (k) The provisions of any tax imposed under paragraph (c) | ||||||
6 | of
this Section shall conform as closely as may be practicable | ||||||
7 | to the
provisions of the Use Tax Act, including
without | ||||||
8 | limitation conformity as to penalties with respect to the tax
| ||||||
9 | imposed and as to the powers of the State Department of Revenue | ||||||
10 | to
promulgate and enforce rules and regulations relating to the
| ||||||
11 | administration and enforcement of the provisions of the tax | ||||||
12 | imposed.
The taxes shall be imposed only on use within the | ||||||
13 | metropolitan region
and at rates as provided in the paragraph.
| ||||||
14 | (l) The Board in imposing any tax as provided in paragraphs | ||||||
15 | (b)
and (c) of this Section, shall, after seeking the advice of | ||||||
16 | the State
Department of Revenue, provide means for retailers, | ||||||
17 | users or purchasers
of motor fuel for purposes other than those | ||||||
18 | with regard to which the
taxes may be imposed as provided in | ||||||
19 | those paragraphs to receive refunds
of taxes improperly paid, | ||||||
20 | which provisions may be at variance with the
refund provisions | ||||||
21 | as applicable under the Municipal Retailers
Occupation Tax Act. | ||||||
22 | The State Department of Revenue may provide for
certificates of | ||||||
23 | registration for users or purchasers of motor fuel for purposes
| ||||||
24 | other than those with regard to which taxes may be imposed as | ||||||
25 | provided in
paragraphs (b) and (c) of this Section to | ||||||
26 | facilitate the reporting and
nontaxability of the exempt sales |
| |||||||
| |||||||
1 | or uses.
| ||||||
2 | (m) Any ordinance imposing or discontinuing any tax under | ||||||
3 | this Section shall
be adopted and a certified copy thereof | ||||||
4 | filed with the Department on or before
June 1, whereupon the | ||||||
5 | Department of Revenue shall proceed to administer and
enforce | ||||||
6 | this Section on behalf of the Regional Transportation Authority | ||||||
7 | as of
September 1 next following such adoption and filing.
| ||||||
8 | Beginning January 1, 1992, an ordinance or resolution imposing | ||||||
9 | or
discontinuing the tax hereunder shall be adopted and a | ||||||
10 | certified copy
thereof filed with the Department on or before | ||||||
11 | the first day of July,
whereupon the Department shall proceed | ||||||
12 | to administer and enforce this
Section as of the first day of | ||||||
13 | October next following such adoption and
filing. Beginning | ||||||
14 | January 1, 1993, an ordinance or resolution imposing , | ||||||
15 | increasing, decreasing, or
discontinuing the tax hereunder | ||||||
16 | shall be adopted and a certified copy
thereof filed with the | ||||||
17 | Department on or before the first day of October ,
whereupon the | ||||||
18 | Department shall proceed to administer and enforce this
Section | ||||||
19 | as of January next the first day of the first month to occur | ||||||
20 | not less than 60 days
following such adoption and filing. Any | ||||||
21 | ordinance or resolution of the Authority imposing a tax under | ||||||
22 | this Section and in effect on August 1, 2007 shall remain in | ||||||
23 | full force and effect and shall be administered by the | ||||||
24 | Department of Revenue under the terms and conditions and rates | ||||||
25 | of tax established by such ordinance or resolution until the | ||||||
26 | Department begins administering and enforcing an increased tax |
| |||||||
| |||||||
1 | under this Section as authorized by this amendatory Act of the | ||||||
2 | 95th General Assembly. The tax rates authorized by this | ||||||
3 | amendatory Act of the 95th General Assembly are effective only | ||||||
4 | if imposed by ordinance of the Authority.
| ||||||
5 | (n) The State Department of Revenue shall, upon collecting | ||||||
6 | any taxes
as provided in this Section, pay the taxes over to | ||||||
7 | the State Treasurer
as trustee for the Authority. The taxes | ||||||
8 | shall be held in a trust fund
outside the State Treasury. On or | ||||||
9 | before the 25th day of each calendar
month, the State | ||||||
10 | Department of Revenue shall prepare and certify to the
| ||||||
11 | Comptroller of the State of Illinois the amount to be paid to | ||||||
12 | the
Authority, which shall be the then balance in the fund, | ||||||
13 | less any amount
determined by the Department to be necessary | ||||||
14 | for the payment of refunds.
The State Department of Revenue | ||||||
15 | shall also certify and
to the Authority (i) the
amount of taxes | ||||||
16 | collected in each County other than Cook County in the
| ||||||
17 | metropolitan region less the amount necessary for the payment | ||||||
18 | of refunds to
taxpayers in the County. With regard to the | ||||||
19 | County of Cook, the
certification shall specify , (ii)
the | ||||||
20 | amount of taxes collected within the City
of Chicago, less the | ||||||
21 | amount necessary for the payment of refunds to
taxpayers in the | ||||||
22 | City of Chicago
and (iii) the amount collected in that portion
| ||||||
23 | of Cook County outside of Chicago, each amount less the amount | ||||||
24 | necessary for the payment
of refunds to taxpayers in that | ||||||
25 | portion of Cook County outside of Chicago located in those | ||||||
26 | areas described in items (i), (ii), and (iii) .
Within 10 days |
| |||||||
| |||||||
1 | after receipt by the Comptroller of the certification of
the | ||||||
2 | amount to be paid to the Authority amounts , the Comptroller | ||||||
3 | shall cause an
order to be drawn for the payment of the amount | ||||||
4 | in accordance and by the direction in the certification of | ||||||
5 | two-thirds of the amounts certified in item (i) of this | ||||||
6 | subsection to the Authority and one-third of the amounts | ||||||
7 | certified in item (i) of this subsection to the respective | ||||||
8 | counties other than Cook County and the amount certified in | ||||||
9 | items (ii) and (iii) of this subsection to the Authority .
| ||||||
10 | In addition to the disbursement required by the preceding | ||||||
11 | paragraph, an
allocation shall be made in July 1991 and each | ||||||
12 | year thereafter to the
Regional Transportation Authority. The | ||||||
13 | allocation shall be made in an
amount equal to the average | ||||||
14 | monthly distribution during the preceding
calendar year | ||||||
15 | (excluding the 2 months of lowest receipts) and the
allocation | ||||||
16 | shall include the amount of average monthly distribution from
| ||||||
17 | the Regional Transportation Authority Occupation and Use Tax | ||||||
18 | Replacement
Fund. The distribution made in July 1992 and each | ||||||
19 | year thereafter under
this paragraph and the preceding | ||||||
20 | paragraph shall be reduced by the amount
allocated and | ||||||
21 | disbursed under this paragraph in the preceding calendar
year. | ||||||
22 | The Department of Revenue shall prepare and certify to the
| ||||||
23 | Comptroller for disbursement the allocations made in | ||||||
24 | accordance with this
paragraph.
| ||||||
25 | (o) Failure to adopt a budget ordinance or otherwise to | ||||||
26 | comply with
Section 4.01 of this Act or to adopt a Five-year |
| |||||||
| |||||||
1 | Capital Program or otherwise to
comply with paragraph (b) of | ||||||
2 | Section 2.01 of this Act shall not affect
the validity of any | ||||||
3 | tax imposed by the Authority otherwise in conformity
with law.
| ||||||
4 | (p) At no time shall a public transportation tax or motor | ||||||
5 | vehicle
parking tax authorized under paragraphs (b), (c) and | ||||||
6 | (d) of this Section
be in effect at the same time as any | ||||||
7 | retailers' occupation, use or
service occupation tax | ||||||
8 | authorized under paragraphs (e), (f) and (g) of
this Section is | ||||||
9 | in effect.
| ||||||
10 | Any taxes imposed under the authority provided in | ||||||
11 | paragraphs (b), (c)
and (d) shall remain in effect only until | ||||||
12 | the time as any tax
authorized by paragraphs (e), (f) or (g) of | ||||||
13 | this Section are imposed and
becomes effective. Once any tax | ||||||
14 | authorized by paragraphs (e), (f) or (g)
is imposed the Board | ||||||
15 | may not reimpose taxes as authorized in paragraphs
(b), (c) and | ||||||
16 | (d) of the Section unless any tax authorized by
paragraphs (e), | ||||||
17 | (f) or (g) of this Section becomes ineffective by means
other | ||||||
18 | than an ordinance of the Board.
| ||||||
19 | (q) Any existing rights, remedies and obligations | ||||||
20 | (including
enforcement by the Regional Transportation | ||||||
21 | Authority) arising under any
tax imposed under paragraphs (b), | ||||||
22 | (c) or (d) of this Section shall not
be affected by the | ||||||
23 | imposition of a tax under paragraphs (e), (f) or (g)
of this | ||||||
24 | Section.
| ||||||
25 | (Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813, | ||||||
26 | eff. 7-13-12; 98-104, eff. 7-22-13.)
|
| |||||||
| |||||||
1 | (70 ILCS 3615/4.04) (from Ch. 111 2/3, par. 704.04) | ||||||
2 | Sec. 4.04. Issuance and Pledge of Bonds and Notes. | ||||||
3 | (a) The Authority shall have the continuing power to borrow | ||||||
4 | money and to
issue its negotiable bonds or notes as provided in | ||||||
5 | this Section. Unless
otherwise indicated in this Section, the | ||||||
6 | term "notes" also includes bond
anticipation notes, which are | ||||||
7 | notes which by their terms provide for
their payment from the | ||||||
8 | proceeds of bonds thereafter to be issued. Bonds
or notes of | ||||||
9 | the Authority may be issued for any or all of the following
| ||||||
10 | purposes: to pay costs to the Authority or a Service Board of | ||||||
11 | constructing
or acquiring any public transportation facilities | ||||||
12 | (including funds and
rights relating thereto, as provided in | ||||||
13 | Section 2.05 of this Act); to repay
advances to the Authority | ||||||
14 | or a Service Board made for such purposes; to pay
other | ||||||
15 | expenses of the Authority or a Service Board incident to or | ||||||
16 | incurred
in connection with such construction or acquisition; | ||||||
17 | to provide funds for
any transportation agency to pay principal
| ||||||
18 | of or interest or redemption premium on any bonds or notes, | ||||||
19 | whether
as such amounts become due or by earlier redemption, | ||||||
20 | issued prior to the
date of this amendatory Act by such | ||||||
21 | transportation agency to construct or
acquire public | ||||||
22 | transportation facilities or to provide funds to purchase
such | ||||||
23 | bonds or notes; and to provide funds for any transportation | ||||||
24 | agency to
construct or acquire any public transportation | ||||||
25 | facilities, to repay
advances made for such purposes, and to |
| |||||||
| |||||||
1 | pay other expenses incident to
or incurred in connection with | ||||||
2 | such construction or acquisition; and to
provide funds for | ||||||
3 | payment of obligations, including the funding of reserves,
| ||||||
4 | under any self-insurance plan or joint self-insurance pool or | ||||||
5 | entity. | ||||||
6 | In addition to any other borrowing as may be authorized by | ||||||
7 | this Section,
the Authority may issue its notes, from time to | ||||||
8 | time, in anticipation of
tax receipts of the Authority or of | ||||||
9 | other
revenues or receipts of the Authority, in order to | ||||||
10 | provide money for the
Authority or the Service Boards to cover | ||||||
11 | any cash flow deficit which
the Authority or a Service Board | ||||||
12 | anticipates incurring. Any such notes
are referred to in this | ||||||
13 | Section as "Working Cash Notes". No Working
Cash Notes shall be | ||||||
14 | issued for a term of longer than 18 24
months.
Proceeds of | ||||||
15 | Working Cash Notes may be used to pay day to day operating
| ||||||
16 | expenses of the Authority or the Service Boards, consisting of | ||||||
17 | wages,
salaries and fringe benefits, professional and | ||||||
18 | technical services
(including legal, audit, engineering and | ||||||
19 | other consulting services), office
rental, furniture, fixtures | ||||||
20 | and equipment, insurance premiums, claims for
self-insured | ||||||
21 | amounts under insurance policies, public utility
obligations | ||||||
22 | for telephone, light, heat and similar items, travel expenses,
| ||||||
23 | office supplies, postage, dues, subscriptions, public hearings | ||||||
24 | and information
expenses, fuel purchases, and payments of | ||||||
25 | grants and payments under purchase
of service agreements for | ||||||
26 | operations of transportation agencies, prior to
the receipt by |
| |||||||
| |||||||
1 | the Authority or a Service Board from time to time of
funds for | ||||||
2 | paying such expenses. In addition to any Working Cash Notes
| ||||||
3 | that the Board of the Authority may determine to issue, the | ||||||
4 | Suburban Bus
Board, the Commuter Rail Board or the Board of the | ||||||
5 | Chicago Transit Authority
may demand and direct that the | ||||||
6 | Authority issue its Working Cash Notes in
such amounts and | ||||||
7 | having such maturities as the Service Board may determine. | ||||||
8 | Notwithstanding any other provision of this Act, any | ||||||
9 | amounts necessary to
pay principal of and interest on any
| ||||||
10 | Working Cash Notes issued at the demand
and direction of a | ||||||
11 | Service Board or any Working Cash Notes the proceeds of
which | ||||||
12 | were used for the direct benefit of a Service Board or any | ||||||
13 | other
Bonds or Notes of the Authority the proceeds of which | ||||||
14 | were used for the
direct benefit of a Service Board shall | ||||||
15 | constitute a reduction of the amount
of any other funds | ||||||
16 | provided by the Authority to that Service
Board. The Authority | ||||||
17 | shall, after deducting any costs of issuance, tender
the net | ||||||
18 | proceeds of any Working Cash Notes issued at the demand and
| ||||||
19 | direction of a Service Board to such Service Board as soon as | ||||||
20 | may be
practicable after the proceeds are received. The | ||||||
21 | Authority may also issue
notes or bonds to pay, refund or | ||||||
22 | redeem any of its notes and bonds,
including to pay redemption | ||||||
23 | premiums or accrued interest on such bonds or
notes being | ||||||
24 | renewed, paid or refunded, and other costs in connection
| ||||||
25 | therewith. The Authority may also utilize the proceeds of any | ||||||
26 | such bonds or
notes to pay the legal, financial, administrative |
| |||||||
| |||||||
1 | and other expenses of
such authorization, issuance, sale or | ||||||
2 | delivery of bonds or notes or to
provide or increase a debt | ||||||
3 | service reserve fund with respect to any or all
of its bonds or | ||||||
4 | notes. The Authority may also issue and deliver
its bonds or | ||||||
5 | notes in exchange for any public transportation facilities,
| ||||||
6 | (including funds and rights relating thereto, as provided in | ||||||
7 | Section
2.05 of this Act) or in exchange for outstanding bonds | ||||||
8 | or notes of the
Authority, including any accrued interest or | ||||||
9 | redemption premium thereon,
without advertising or submitting | ||||||
10 | such notes or bonds for public bidding. | ||||||
11 | (b) The ordinance providing for the issuance of any such | ||||||
12 | bonds or
notes shall fix the date or dates of maturity, the | ||||||
13 | dates on which
interest is payable, any sinking fund account or | ||||||
14 | reserve fund account
provisions and all other details of such | ||||||
15 | bonds or notes and may provide
for such covenants or agreements | ||||||
16 | necessary or desirable with regard to
the issue, sale and | ||||||
17 | security of such bonds or notes. The rate or rates of
interest | ||||||
18 | on its bonds or notes may be fixed or variable and the | ||||||
19 | Authority
shall determine or provide for the determination of | ||||||
20 | the rate or
rates of interest of its bonds or notes
issued | ||||||
21 | under this Act in an ordinance adopted by the Authority prior | ||||||
22 | to
the issuance thereof, none of which rates of interest shall | ||||||
23 | exceed
that permitted in the Bond Authorization Act. Interest | ||||||
24 | may be payable at such times as are provided for
by the Board. | ||||||
25 | Bonds and notes issued under this Section may
be issued as | ||||||
26 | serial or term obligations, shall be of such denomination
or |
| |||||||
| |||||||
1 | denominations and form, including interest coupons to be | ||||||
2 | attached
thereto, be executed in such manner, shall be payable | ||||||
3 | at such place or
places and bear such date as the Authority | ||||||
4 | shall fix by the ordinance
authorizing such bond or note and | ||||||
5 | shall mature at such time or times,
within a period not to | ||||||
6 | exceed forty years from the date of issue, and
may be | ||||||
7 | redeemable prior to maturity with or without premium, at the
| ||||||
8 | option of the Authority, upon such terms and conditions as the | ||||||
9 | Authority
shall fix by the ordinance authorizing the issuance | ||||||
10 | of such bonds or
notes. No bond anticipation note or any | ||||||
11 | renewal thereof shall mature at
any time or times exceeding 5 | ||||||
12 | years from the date of the first issuance
of such note. The | ||||||
13 | Authority may provide for the registration of bonds or
notes in | ||||||
14 | the name of the owner as to the principal alone or as to both
| ||||||
15 | principal and interest, upon such terms and conditions as the | ||||||
16 | Authority
may determine. The ordinance authorizing bonds or | ||||||
17 | notes may provide for
the exchange of such bonds or notes which | ||||||
18 | are fully registered, as to
both principal and interest, with | ||||||
19 | bonds or notes which are registerable
as to principal only. All | ||||||
20 | bonds or notes issued under this Section by
the Authority other | ||||||
21 | than those issued in exchange for property or for
bonds or | ||||||
22 | notes of the Authority shall be sold at a price which may be at
| ||||||
23 | a premium or discount but such that the interest cost | ||||||
24 | (excluding any
redemption premium) to the Authority of the | ||||||
25 | proceeds of an issue of such
bonds or notes, computed to stated | ||||||
26 | maturity according to standard tables
of bond values, shall not |
| |||||||
| |||||||
1 | exceed that permitted in the Bond Authorization
Act. The | ||||||
2 | Authority shall notify
the
Governor's Office of Management and | ||||||
3 | Budget and the State Comptroller at least 30 days
before any | ||||||
4 | bond sale and shall file with the
Governor's Office of | ||||||
5 | Management and Budget and the
State Comptroller a certified | ||||||
6 | copy of any ordinance authorizing the issuance
of bonds at or | ||||||
7 | before the issuance of the bonds.
After December 31, 1994, any | ||||||
8 | such bonds or notes shall be sold
to the highest and best | ||||||
9 | bidder on sealed bids as the Authority shall deem.
As such | ||||||
10 | bonds or notes are to be sold the Authority shall advertise for
| ||||||
11 | proposals to purchase the bonds or notes which advertisement | ||||||
12 | shall be published
at least once in a daily newspaper of | ||||||
13 | general circulation published in the
metropolitan region at | ||||||
14 | least 10 days before the time set for the submission
of bids. | ||||||
15 | The Authority shall have the right to reject any or all bids.
| ||||||
16 | Notwithstanding any other provisions of this Section, Working | ||||||
17 | Cash Notes or
bonds or notes to provide funds for | ||||||
18 | self-insurance or a joint self-insurance
pool or entity may be | ||||||
19 | sold either upon competitive bidding or by negotiated
sale
| ||||||
20 | (without any requirement of publication of intention to | ||||||
21 | negotiate the sale
of such Notes), as the Board shall determine | ||||||
22 | by ordinance adopted with the
affirmative votes of at least 9
| ||||||
23 | Directors. In case any officer whose signature
appears on any | ||||||
24 | bonds, notes or coupons authorized pursuant to this
Section | ||||||
25 | shall cease to be such officer before delivery of such bonds or
| ||||||
26 | notes, such signature shall nevertheless be valid and |
| |||||||
| |||||||
1 | sufficient for all
purposes, the same as if such officer had | ||||||
2 | remained in office until such
delivery. Neither the Directors | ||||||
3 | of the Authority nor any person
executing any bonds or notes | ||||||
4 | thereof shall be liable personally on any
such bonds or notes | ||||||
5 | or coupons by reason of the issuance thereof. | ||||||
6 | (c) All bonds or notes of the Authority issued pursuant to | ||||||
7 | this Section
shall be general obligations
of the Authority to | ||||||
8 | which shall be pledged the full faith and credit of the
| ||||||
9 | Authority, as provided in this Section. Such bonds or notes
| ||||||
10 | shall be secured
as provided in the authorizing ordinance, | ||||||
11 | which may, notwithstanding any other
provision of this Act, | ||||||
12 | include in addition to any other security, a specific
pledge or | ||||||
13 | assignment of and lien on or security interest in any or all | ||||||
14 | tax
receipts of the Authority and on any or all other revenues | ||||||
15 | or moneys of the
Authority from whatever source, which may by | ||||||
16 | law be utilized for debt
service purposes and a specific pledge | ||||||
17 | or assignment of and lien on or security
interest in any funds | ||||||
18 | or accounts established or provided for by the ordinance
of the | ||||||
19 | Authority authorizing the issuance of such bonds or notes. Any | ||||||
20 | such
pledge, assignment, lien or security interest for the | ||||||
21 | benefit of holders of
bonds or notes of the Authority shall be | ||||||
22 | valid and binding from the time the
bonds or notes are issued | ||||||
23 | without any physical delivery or further act
and shall be valid | ||||||
24 | and binding as against and prior to the claims of all
other | ||||||
25 | parties having claims of any kind against the Authority or any | ||||||
26 | other
person irrespective of whether such other parties have |
| |||||||
| |||||||
1 | notice of such pledge,
assignment, lien or security interest. | ||||||
2 | The obligations of the Authority
incurred pursuant to this | ||||||
3 | Section shall be superior to and have priority over
any other | ||||||
4 | obligations of the Authority. | ||||||
5 | The Authority may provide in the
ordinance authorizing the | ||||||
6 | issuance of any bonds or notes issued pursuant to
this Section | ||||||
7 | for the creation of, deposits in, and regulation and | ||||||
8 | disposition
of sinking fund or reserve accounts relating to | ||||||
9 | such bonds or notes. The
ordinance authorizing the issuance of | ||||||
10 | any bonds or notes pursuant to this
Section may contain | ||||||
11 | provisions as part of the contract with the holders
of the | ||||||
12 | bonds or notes, for the creation of a separate fund to provide
| ||||||
13 | for the payment of principal and interest on such bonds or | ||||||
14 | notes
and for the deposit in such fund from any or all the tax | ||||||
15 | receipts of the
Authority and from any or all such other moneys | ||||||
16 | or revenues of the
Authority from whatever source which may by | ||||||
17 | law be utilized for debt
service purposes, all as provided in | ||||||
18 | such ordinance, of amounts to meet
the debt service | ||||||
19 | requirements on such bonds or notes, including
principal and | ||||||
20 | interest, and any sinking fund or reserve fund account
| ||||||
21 | requirements as may be provided by such ordinance, and all | ||||||
22 | expenses
incident to or in connection with such fund and | ||||||
23 | accounts or the payment
of such bonds or notes.
Such ordinance | ||||||
24 | may also provide limitations on the issuance of additional
| ||||||
25 | bonds or notes of the Authority. No such bonds or notes of the | ||||||
26 | Authority
shall constitute a debt of the State of Illinois. |
| |||||||
| |||||||
1 | Nothing in this Act shall
be construed to enable the Authority | ||||||
2 | to impose any ad valorem tax on property. | ||||||
3 | (d) The ordinance of the Authority authorizing the issuance | ||||||
4 | of any bonds
or notes may provide additional security for such | ||||||
5 | bonds or notes by providing
for appointment of a corporate | ||||||
6 | trustee (which may be any trust company or
bank having the | ||||||
7 | powers of a trust company within the state) with respect
to | ||||||
8 | such bonds or notes. The ordinance shall prescribe the rights, | ||||||
9 | duties
and powers of the trustee to be exercised for the | ||||||
10 | benefit of the Authority
and the protection of the holders of | ||||||
11 | such bonds or notes. The ordinance
may provide for the trustee | ||||||
12 | to hold in trust, invest and use amounts in
funds and accounts | ||||||
13 | created as provided by the ordinance with respect to
the bonds | ||||||
14 | or notes. The ordinance may provide for the assignment and | ||||||
15 | direct
payment to the trustee of any or all amounts produced | ||||||
16 | from the sources
provided in Section 4.03 and Section 4.09 of | ||||||
17 | this Act and provided in Section 6z-17 of "An Act
in relation | ||||||
18 | to State finance", approved June 10, 1919, as amended.
Upon | ||||||
19 | receipt of notice of any such assignment, the Department of | ||||||
20 | Revenue and
the Comptroller of the State of Illinois shall | ||||||
21 | thereafter, notwithstanding the
provisions of Section 4.03 and | ||||||
22 | Section 4.09 of this Act and Section 6z-17 of "An Act in | ||||||
23 | relation
to State finance", approved June 10, 1919, as amended, | ||||||
24 | provide for such
assigned amounts to be paid directly to the | ||||||
25 | trustee instead of the Authority,
all in accordance with the | ||||||
26 | terms of the ordinance making the assignment. The
ordinance |
| |||||||
| |||||||
1 | shall provide that
amounts so paid to the trustee which are not | ||||||
2 | required to be deposited, held
or invested in funds and | ||||||
3 | accounts created by the ordinance with respect
to bonds or | ||||||
4 | notes or used for paying bonds or notes to be paid by the | ||||||
5 | trustee
to the Authority. | ||||||
6 | (e) Any bonds or notes of the Authority issued pursuant to | ||||||
7 | this
Section shall constitute a contract between the Authority | ||||||
8 | and the
holders from time to time of such bonds or notes. In | ||||||
9 | issuing any bond or
note, the Authority may include in the | ||||||
10 | ordinance authorizing such issue
a covenant as part of the | ||||||
11 | contract with the holders of the bonds or
notes, that as long | ||||||
12 | as such obligations are outstanding, it shall make
such | ||||||
13 | deposits, as provided in paragraph (c) of this Section. It may | ||||||
14 | also
so covenant that it shall impose and continue to impose | ||||||
15 | taxes, as
provided in Section 4.03 of this Act and in addition | ||||||
16 | thereto as
subsequently authorized by law, sufficient to make | ||||||
17 | such deposits and pay
the principal and interest and to meet | ||||||
18 | other debt service requirements
of such bonds or notes as they | ||||||
19 | become due. A certified copy of the
ordinance authorizing the | ||||||
20 | issuance of any such obligations shall be
filed at or prior to | ||||||
21 | the issuance of such obligations with the Comptroller
of the | ||||||
22 | State of Illinois and the Illinois Department of Revenue. | ||||||
23 | (f) The State of Illinois pledges to and agrees with the | ||||||
24 | holders of
the bonds and notes of the Authority issued pursuant | ||||||
25 | to this Section
that the State will not limit or alter the | ||||||
26 | rights and powers vested in
the Authority by this Act so as to |
| |||||||
| |||||||
1 | impair the terms of any contract made
by the Authority with | ||||||
2 | such holders or in any way impair the rights and
remedies of | ||||||
3 | such holders until such bonds and notes, together with
interest | ||||||
4 | thereon, with interest on any unpaid installments of interest,
| ||||||
5 | and all costs and expenses in connection with any action or | ||||||
6 | proceedings
by or on behalf of such holders, are fully met and | ||||||
7 | discharged. In
addition, the State pledges to and agrees with | ||||||
8 | the holders of the bonds
and notes of the Authority issued | ||||||
9 | pursuant to this Section that the
State will not limit or alter | ||||||
10 | the basis on which State funds are to be
paid to the Authority | ||||||
11 | as provided in this Act, or the use of such funds,
so as to | ||||||
12 | impair the terms of any such contract. The Authority is
| ||||||
13 | authorized to include these pledges and agreements of the State | ||||||
14 | in any
contract with the holders of bonds or notes issued | ||||||
15 | pursuant to this
Section. | ||||||
16 | (g)(1) Except as provided in subdivisions (g)(2) and (g)(3) | ||||||
17 | of Section
4.04 of this Act, the Authority shall not at any | ||||||
18 | time issue, sell or deliver
any bonds or notes (other than | ||||||
19 | Working Cash Notes) pursuant to this Section
4.04 which will | ||||||
20 | cause
it to have issued and outstanding at any time in excess | ||||||
21 | of $800,000,000 of such
bonds and notes (other than Working | ||||||
22 | Cash Notes). The Authority shall not at any time issue, sell or | ||||||
23 | deliver any Working
Cash Notes pursuant to this Section which | ||||||
24 | will cause it to have issued and
outstanding at any time in | ||||||
25 | excess of $100,000,000 of Working Cash Notes.
The Authority | ||||||
26 | shall not issue, sell, or deliver any Working Cash Notes |
| |||||||
| |||||||
1 | pursuant to this Section that will cause it to have issued and | ||||||
2 | outstanding at any time in excess of $100,000,000. However, the | ||||||
3 | Authority may issue, sell, and deliver additional Working Cash | ||||||
4 | Notes before July 1, 2016 that are over and above and in | ||||||
5 | addition to the $100,000,000 authorization such that the | ||||||
6 | outstanding amount of these additional Working Cash Notes does | ||||||
7 | not exceed at any time $300,000,000.
Bonds or notes which are | ||||||
8 | being paid or retired by
such issuance, sale or delivery of | ||||||
9 | bonds or notes, and bonds or notes for
which sufficient funds | ||||||
10 | have been deposited with the paying agency of
such bonds or | ||||||
11 | notes to provide for payment of principal and interest
thereon | ||||||
12 | or to provide for the redemption thereof, all pursuant to the
| ||||||
13 | ordinance authorizing the issuance of such bonds or notes, | ||||||
14 | shall not be
considered to be outstanding for the purposes of | ||||||
15 | this subsection. | ||||||
16 | (2) In addition to the authority provided by paragraphs
(1) | ||||||
17 | and (3), the Authority is authorized to issue, sell and deliver | ||||||
18 | bonds
or notes for Strategic Capital Improvement Projects | ||||||
19 | approved pursuant to
Section 4.13 as follows: | ||||||
20 | $100,000,000 is authorized to be issued on or after | ||||||
21 | January 1, 1990; | ||||||
22 | an additional $100,000,000 is authorized to be issued | ||||||
23 | on or after
January 1, 1991; | ||||||
24 | an additional $100,000,000 is authorized to be issued | ||||||
25 | on or after
January 1, 1992; | ||||||
26 | an additional $100,000,000 is authorized to be issued |
| |||||||
| |||||||
1 | on or after
January 1, 1993; | ||||||
2 | an additional $100,000,000 is authorized to be issued | ||||||
3 | on or after
January 1, 1994; and | ||||||
4 | the aggregate total authorization of bonds and notes | ||||||
5 | for Strategic
Capital Improvement Projects as of January 1, | ||||||
6 | 1994, shall be $500,000,000. | ||||||
7 | The Authority is also authorized to issue, sell, and | ||||||
8 | deliver bonds or
notes in such amounts as are necessary to | ||||||
9 | provide for the refunding or advance
refunding of bonds or | ||||||
10 | notes issued for Strategic Capital Improvement Projects
under | ||||||
11 | this subdivision (g)(2), provided that no such refunding bond | ||||||
12 | or note
shall mature later than the final maturity date of the | ||||||
13 | series of bonds or notes
being refunded, and provided further | ||||||
14 | that the debt service requirements for
such refunding bonds or | ||||||
15 | notes in the current or any future fiscal year shall
not exceed | ||||||
16 | the debt service requirements for that year on the refunded | ||||||
17 | bonds
or notes. | ||||||
18 | (3) In addition to the authority provided by paragraphs (1) | ||||||
19 | and (2),
the Authority is authorized to issue, sell, and | ||||||
20 | deliver bonds or notes for
Strategic Capital Improvement | ||||||
21 | Projects approved pursuant to Section 4.13 as
follows: | ||||||
22 | $260,000,000 is authorized to be issued on or after | ||||||
23 | January 1, 2000; | ||||||
24 | an additional $260,000,000 is authorized to be issued | ||||||
25 | on or after
January 1, 2001; | ||||||
26 | an additional $260,000,000 is authorized to be issued |
| |||||||
| |||||||
1 | on or after
January 1, 2002; | ||||||
2 | an additional $260,000,000 is authorized to be issued | ||||||
3 | on or after
January 1, 2003; | ||||||
4 | an additional $260,000,000 is authorized to be issued | ||||||
5 | on or after
January 1, 2004; and | ||||||
6 | the aggregate total authorization of bonds and notes | ||||||
7 | for Strategic
Capital Improvement Projects pursuant to | ||||||
8 | this paragraph (3) as of
January 1, 2004 shall be | ||||||
9 | $1,300,000,000. | ||||||
10 | The Authority is also authorized to issue, sell, and | ||||||
11 | deliver bonds or notes
in such amounts as are necessary to | ||||||
12 | provide for the refunding or advance
refunding of bonds or | ||||||
13 | notes issued for Strategic Capital Improvement projects
under | ||||||
14 | this subdivision (g)(3), provided that no such refunding bond | ||||||
15 | or note
shall mature later than the final maturity date of the | ||||||
16 | series of bonds or notes
being refunded, and provided further | ||||||
17 | that the debt service requirements for
such refunding bonds or | ||||||
18 | notes in the current or any future fiscal year shall
not exceed | ||||||
19 | the debt service requirements for that year on the refunded | ||||||
20 | bonds or
notes. | ||||||
21 | (h) The Authority, subject to the terms of any agreements | ||||||
22 | with noteholders
or bond holders as may then exist, shall have | ||||||
23 | power, out of any funds
available therefor, to purchase notes | ||||||
24 | or bonds of the Authority, which
shall thereupon be cancelled. | ||||||
25 | (i) In addition to any other authority granted by law, the | ||||||
26 | State Treasurer
may, with the approval of the Governor, invest |
| |||||||
| |||||||
1 | or reinvest, at a price not
to exceed par, any State money in | ||||||
2 | the State Treasury which is not needed
for current expenditures | ||||||
3 | due or about to become due in Working Cash Notes. | ||||||
4 | (Source: P.A. 97-769, eff. 7-10-12; 98-392, eff. 8-16-13.)
| ||||||
5 | (70 ILCS 3615/4.09) (from Ch. 111 2/3, par. 704.09)
| ||||||
6 | Sec. 4.09. Public Transportation Fund and the Regional | ||||||
7 | Transportation
Authority Occupation and Use Tax Replacement | ||||||
8 | Fund.
| ||||||
9 | (a) (1) As soon as possible after the first day of each | ||||||
10 | month, beginning
November 1, 1983, the Comptroller shall order | ||||||
11 | transferred and the Treasurer
shall transfer from the General | ||||||
12 | Revenue Fund to a special fund in the State
Treasury, to be | ||||||
13 | known as the "Public Transportation Fund" $9,375,000 for
each | ||||||
14 | month remaining in State fiscal year 1984.
As soon as possible | ||||||
15 | after
the first day of each month, beginning July 1, 1984, upon | ||||||
16 | certification of
the Department of Revenue, the Comptroller | ||||||
17 | shall order transferred and the
Treasurer shall transfer from | ||||||
18 | the General Revenue Fund to a special fund in the State | ||||||
19 | Treasury to be known as 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
any tax imposed by the | ||||||
24 | Authority pursuant to
Sections 4.03 and 4.03.1 and 25% of the | ||||||
25 | amounts deposited into the Regional
Transportation Authority |
| |||||||
| |||||||
1 | tax fund created by Section 4.03 of this Act, from
the County | ||||||
2 | and Mass Transit District Fund as provided in Section 6z-20 of
| ||||||
3 | the State Finance Act and 25% of the amounts deposited into the | ||||||
4 | Regional
Transportation Authority Occupation and Use Tax | ||||||
5 | Replacement Fund from the
State and Local Sales Tax Reform Fund | ||||||
6 | as provided in Section 6z-17 of the
State Finance Act. Net
On | ||||||
7 | the first day of the month following the date that the | ||||||
8 | Department receives revenues from increased taxes under | ||||||
9 | Section 4.03(m) as authorized by this amendatory Act of the | ||||||
10 | 95th General Assembly, in lieu of the transfers authorized in | ||||||
11 | the preceding sentence, upon certification of the Department of | ||||||
12 | Revenue, the Comptroller shall order transferred and the | ||||||
13 | Treasurer shall transfer from the General Revenue Fund to the | ||||||
14 | Public Transportation Fund an amount equal to 25% of the net | ||||||
15 | revenue, before the deduction of the serviceman and retailer | ||||||
16 | discounts pursuant to Section 9 of the Service Occupation Tax | ||||||
17 | Act and Section 3 of the Retailers' Occupation Tax Act, | ||||||
18 | realized from (i) 80% of the proceeds of any tax imposed by the | ||||||
19 | Authority at a rate of 1.25% in Cook County, (ii) 75% of the | ||||||
20 | proceeds of any tax imposed by the Authority at the rate of 1% | ||||||
21 | in Cook County, and (iii) one-third of the proceeds of any tax | ||||||
22 | imposed by the Authority at the rate of 0.75% in the Counties | ||||||
23 | of DuPage, Kane, Lake, McHenry, and Will, all pursuant to | ||||||
24 | Section 4.03, and 25% of the net revenue realized from any tax | ||||||
25 | imposed by the Authority pursuant to Section 4.03.1, and 25% of | ||||||
26 | the amounts deposited into the Regional Transportation |
| |||||||
| |||||||
1 | Authority tax fund created by Section 4.03 of this Act from the | ||||||
2 | County and Mass Transit District Fund as provided in Section | ||||||
3 | 6z-20 of the State Finance Act, and 25% of the amounts | ||||||
4 | deposited into the Regional Transportation Authority | ||||||
5 | Occupation and Use Tax Replacement Fund from the State and | ||||||
6 | Local Sales Tax Reform Fund as provided in Section 6z-17 of the | ||||||
7 | State Finance Act. As used in this Section, net revenue | ||||||
8 | realized for a month shall be the revenue
collected by the | ||||||
9 | State pursuant to Sections 4.03 and 4.03.1 during the
previous | ||||||
10 | month from within the metropolitan region, less the amount paid
| ||||||
11 | out during that same month as refunds to taxpayers for | ||||||
12 | overpayment of
liability in the metropolitan region under | ||||||
13 | Sections 4.03 and 4.03.1.
| ||||||
14 | (2) On the first day of the month following the effective | ||||||
15 | date of this amendatory Act of the 95th General Assembly and | ||||||
16 | each month thereafter, upon certification by the Department of | ||||||
17 | Revenue, the Comptroller shall order transferred and the | ||||||
18 | Treasurer shall transfer from the General Revenue Fund to the | ||||||
19 | Public Transportation Fund an amount equal to 5% of the net | ||||||
20 | revenue, before the deduction of the serviceman and retailer | ||||||
21 | discounts pursuant to Section 9 of the Service Occupation Tax | ||||||
22 | Act and Section 3 of the Retailers' Occupation Tax Act, | ||||||
23 | realized from any tax imposed by the Authority pursuant to | ||||||
24 | Sections 4.03 and 4.03.1 and certified by the Department of | ||||||
25 | Revenue under Section 4.03(n) of this Act to be paid to the | ||||||
26 | Authority and 5% of the amounts deposited into the Regional |
| |||||||
| |||||||
1 | Transportation Authority tax fund created by Section 4.03 of | ||||||
2 | this Act from the County and Mass Transit District Fund as | ||||||
3 | provided in Section 6z-20 of the State Finance Act, and 5% of | ||||||
4 | the amounts deposited into the Regional Transportation | ||||||
5 | Authority Occupation and Use Tax Replacement Fund from the | ||||||
6 | State and Local Sales Tax Reform Fund as provided in Section | ||||||
7 | 6z-17 of the State Finance Act, and 5% of the revenue realized | ||||||
8 | by the Chicago Transit Authority as financial assistance from | ||||||
9 | the City of Chicago from the proceeds of any tax imposed by the | ||||||
10 | City of Chicago under Section 8-3-19 of the Illinois Municipal | ||||||
11 | Code.
| ||||||
12 | (3) As soon as possible after the first day of January, | ||||||
13 | 2009 and each month thereafter, upon certification of the | ||||||
14 | Department of Revenue with respect to the taxes collected under | ||||||
15 | Section 4.03, the Comptroller shall order transferred and the | ||||||
16 | Treasurer shall transfer from the General Revenue Fund to the | ||||||
17 | Public Transportation Fund an amount equal to 25% of the net | ||||||
18 | revenue, before the deduction of the serviceman and retailer | ||||||
19 | discounts pursuant to Section 9 of the Service Occupation Tax | ||||||
20 | Act and Section 3 of the Retailers' Occupation Tax Act, | ||||||
21 | realized from (i) 20% of the proceeds of any tax imposed by the | ||||||
22 | Authority at a rate of 1.25% in Cook County, (ii) 25% of the | ||||||
23 | proceeds of any tax imposed by the Authority at the rate of 1% | ||||||
24 | in Cook County, and (iii) one-third of the proceeds of any tax | ||||||
25 | imposed by the Authority at the rate of 0.75% in the Counties | ||||||
26 | of DuPage, Kane, Lake, McHenry, and Will, all pursuant to |
| |||||||
| |||||||
1 | Section 4.03, and the Comptroller shall order transferred and | ||||||
2 | the Treasurer shall transfer from the General Revenue Fund to | ||||||
3 | the Public Transportation Fund (iv) an amount equal to 25% of | ||||||
4 | the revenue realized by the Chicago Transit Authority as | ||||||
5 | financial assistance from the City of Chicago from the proceeds | ||||||
6 | of any tax imposed by the City of Chicago under Section 8-3-19 | ||||||
7 | of the Illinois Municipal Code.
| ||||||
8 | (b)(1) All moneys deposited in the Public Transportation | ||||||
9 | Fund and the
Regional Transportation Authority Occupation and | ||||||
10 | Use Tax Replacement Fund,
whether deposited pursuant to this | ||||||
11 | Section or otherwise, are allocated to
the Authority. Subject | ||||||
12 | to appropriation, the The Comptroller, as soon as
possible | ||||||
13 | after each monthly transfer provided in this Section and after
| ||||||
14 | each deposit into the Public Transportation Fund, shall order | ||||||
15 | the Treasurer
to pay to the Authority out of the Public | ||||||
16 | Transportation Fund the amount so
transferred or deposited. | ||||||
17 | Such amounts paid to the Authority may be expended by it for | ||||||
18 | its purposes as provided in this Act. Subject to appropriation | ||||||
19 | to the Department of Revenue, the Any Additional State | ||||||
20 | Assistance and Additional Financial Assistance paid to the | ||||||
21 | Authority under this Section shall be expended by the Authority | ||||||
22 | for its purposes as provided in this Act. The balance of the | ||||||
23 | amounts paid to the Authority from the Public Transportation | ||||||
24 | Fund shall be expended by the Authority as provided in Section | ||||||
25 | 4.03.3. The
Comptroller,
as soon as possible after each deposit | ||||||
26 | into the Regional Transportation
Authority Occupation and Use |
| |||||||
| |||||||
1 | Tax Replacement Fund provided in this Section
and Section 6z-17 | ||||||
2 | of the State Finance Act, shall order the Treasurer
to pay to | ||||||
3 | the Authority out of the Regional Transportation Authority
| ||||||
4 | Occupation and Use Tax Replacement Fund the amount so | ||||||
5 | deposited. Such
amounts paid to the Authority may be expended | ||||||
6 | by it for its purposes as
provided in this Act. The provisions | ||||||
7 | directing the distributions from the Public Transportation | ||||||
8 | Fund and the Regional Transportation Authority Occupation and | ||||||
9 | Use Tax Replacement Fund provided for in this Section shall | ||||||
10 | constitute an irrevocable and continuing appropriation of all | ||||||
11 | amounts as provided herein. The State Treasurer and State | ||||||
12 | Comptroller are hereby authorized and directed to make | ||||||
13 | distributions as provided in this Section. (2) Provided, | ||||||
14 | however, no moneys deposited under subsection (a)
of this | ||||||
15 | Section shall be paid from the Public Transportation
Fund to | ||||||
16 | the Authority or its assignee for any fiscal year until the | ||||||
17 | Authority has certified to
the Governor, the Comptroller, and | ||||||
18 | the Mayor of the City of Chicago that it
has adopted for that | ||||||
19 | fiscal year a budget and Financial Plan an Annual Budget and | ||||||
20 | Two-Year Financial Plan
meeting the
requirements in Section | ||||||
21 | 4.01(b).
| ||||||
22 | (c) In recognition of the efforts of the Authority to | ||||||
23 | enhance the mass
transportation facilities under its control, | ||||||
24 | the State shall provide
financial assistance ("Additional | ||||||
25 | State Assistance") in excess of the
amounts transferred to the | ||||||
26 | Authority from the General Revenue Fund under
subsection (a) of |
| ||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||
1 | this Section. Additional State Assistance shall be
calculated | |||||||||||||||||||||||||||||||||||||||||
2 | as provided in
subsection (d), but shall in no event exceed the | |||||||||||||||||||||||||||||||||||||||||
3 | following
specified amounts with respect to the following State | |||||||||||||||||||||||||||||||||||||||||
4 | fiscal years:
| |||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||
15 | (c-5) The State shall provide financial assistance | |||||||||||||||||||||||||||||||||||||||||
16 | ("Additional Financial
Assistance") in addition to the | |||||||||||||||||||||||||||||||||||||||||
17 | Additional State Assistance provided by
subsection (c) and the | |||||||||||||||||||||||||||||||||||||||||
18 | amounts transferred to the Authority from the General
Revenue | |||||||||||||||||||||||||||||||||||||||||
19 | Fund under subsection (a) of this Section. Additional Financial
| |||||||||||||||||||||||||||||||||||||||||
20 | Assistance provided by this subsection shall be calculated as | |||||||||||||||||||||||||||||||||||||||||
21 | provided in
subsection (d), but shall in no event exceed the | |||||||||||||||||||||||||||||||||||||||||
22 | following specified amounts
with respect to the following State | |||||||||||||||||||||||||||||||||||||||||
23 | fiscal years:
| |||||||||||||||||||||||||||||||||||||||||
|
| ||||||||||||||||||
| ||||||||||||||||||
| ||||||||||||||||||
5 | (d) Beginning with State fiscal year 1990 and continuing | |||||||||||||||||
6 | for each
State fiscal year thereafter, the Authority shall | |||||||||||||||||
7 | annually certify to the
State Comptroller and State Treasurer, | |||||||||||||||||
8 | separately with respect to each of
subdivisions (g)(2) and | |||||||||||||||||
9 | (g)(3) of Section 4.04 of this Act, the following
amounts:
| |||||||||||||||||
10 | (1) The amount necessary and required, during the State | |||||||||||||||||
11 | fiscal year with
respect to which the certification is | |||||||||||||||||
12 | made, to pay its obligations for debt
service on all | |||||||||||||||||
13 | outstanding bonds or notes issued by the Authority under | |||||||||||||||||
14 | subdivisions (g)(2) and (g)(3) of
Section 4.04 of this Act.
| |||||||||||||||||
15 | (2) An estimate of the amount necessary and required to | |||||||||||||||||
16 | pay its
obligations for debt service for any bonds or notes | |||||||||||||||||
17 | which the Authority anticipates it
will issue under | |||||||||||||||||
18 | subdivisions (g)(2) and (g)(3) of Section 4.04 during
that | |||||||||||||||||
19 | State fiscal year.
| |||||||||||||||||
20 | (3) Its debt service savings during the preceding State | |||||||||||||||||
21 | fiscal year
from refunding or advance refunding of bonds or | |||||||||||||||||
22 | notes issued under subdivisions
(g)(2) and (g)(3) of | |||||||||||||||||
23 | Section 4.04.
| |||||||||||||||||
24 | (4) The amount of interest, if any, earned by the | |||||||||||||||||
25 | Authority during the
previous State fiscal year on the | |||||||||||||||||
26 | proceeds of bonds or notes issued pursuant to
subdivisions |
| |||||||
| |||||||
1 | (g)(2) and (g)(3) of Section 4.04, other than refunding or | ||||||
2 | advance
refunding bonds or notes.
| ||||||
3 | The certification shall include a specific
schedule of debt | ||||||
4 | service payments, including the date and amount of each
payment | ||||||
5 | for all outstanding bonds or notes and an estimated schedule of
| ||||||
6 | anticipated debt service for all bonds and notes it intends to | ||||||
7 | issue, if any,
during that State fiscal year, including the | ||||||
8 | estimated date and estimated
amount of each payment.
| ||||||
9 | Immediately upon the issuance of bonds for which an | ||||||
10 | estimated schedule
of debt service payments was prepared, the | ||||||
11 | Authority shall file an amended
certification with respect to | ||||||
12 | item (2) above, to specify the actual
schedule of debt service | ||||||
13 | payments, including the date and amount of each
payment, for | ||||||
14 | the remainder of the State fiscal year.
| ||||||
15 | On the first day of each month of the
State fiscal year in | ||||||
16 | which there are bonds outstanding with respect to which
the | ||||||
17 | certification is made, the State Comptroller shall order | ||||||
18 | transferred and
the State Treasurer shall transfer from the | ||||||
19 | General Revenue Fund to the
Public Transportation Fund the | ||||||
20 | Additional State Assistance and Additional
Financial | ||||||
21 | Assistance in an amount equal to the aggregate of
(i) | ||||||
22 | one-twelfth of the sum of the amounts certified under items
(1) | ||||||
23 | and (3) above less the amount certified under item (4) above, | ||||||
24 | plus
(ii)
the amount required to pay debt service on bonds and | ||||||
25 | notes
issued during the fiscal year, if any, divided by the | ||||||
26 | number of months
remaining in the fiscal year after the date of |
| |||||||
| |||||||
1 | issuance, or some smaller
portion as may be necessary under | ||||||
2 | subsection (c)
or (c-5) of this Section for the relevant State | ||||||
3 | fiscal year, plus
(iii) any cumulative deficiencies in | ||||||
4 | transfers for prior months,
until an amount equal to the
sum of | ||||||
5 | the amounts certified under items (1) and (3) above,
plus the | ||||||
6 | actual debt service certified under item (2) above,
less the | ||||||
7 | amount certified under item (4) above,
has been transferred; | ||||||
8 | except that these transfers are subject to the
following | ||||||
9 | limits:
| ||||||
10 | (A) In no event shall the total transfers in any State | ||||||
11 | fiscal
year relating to outstanding bonds and notes issued | ||||||
12 | by the Authority under
subdivision (g)(2) of Section 4.04 | ||||||
13 | exceed the lesser of the annual maximum
amount specified in | ||||||
14 | subsection (c) or the sum of the amounts
certified under | ||||||
15 | items (1) and (3) above,
plus the actual debt service | ||||||
16 | certified under item (2) above,
less the amount certified | ||||||
17 | under item
(4) above, with respect to those bonds and | ||||||
18 | notes.
| ||||||
19 | (B) In no event shall the total transfers in any State | ||||||
20 | fiscal year
relating to outstanding bonds and notes issued | ||||||
21 | by the Authority under
subdivision (g)(3) of Section 4.04 | ||||||
22 | exceed the lesser of the annual maximum
amount specified in | ||||||
23 | subsection (c-5) or the sum of the amounts certified under
| ||||||
24 | items (1) and (3) above,
plus the actual debt service | ||||||
25 | certified under item (2) above,
less the amount certified | ||||||
26 | under item (4) above, with
respect to those bonds and |
| |||||||
| |||||||
1 | notes.
| ||||||
2 | The term "outstanding" does not include bonds or notes for | ||||||
3 | which
refunding or advance refunding bonds or notes have been | ||||||
4 | issued.
| ||||||
5 | (e) Neither Additional State Assistance nor Additional | ||||||
6 | Financial
Assistance may be pledged, either directly or
| ||||||
7 | indirectly as general revenues of the Authority, as security | ||||||
8 | for any bonds
issued by the Authority. The Authority may not | ||||||
9 | assign its right to receive
Additional State Assistance or | ||||||
10 | Additional Financial Assistance, or direct
payment of | ||||||
11 | Additional State
Assistance or Additional Financial | ||||||
12 | Assistance, to a trustee or any other
entity for the
payment of | ||||||
13 | debt service
on its bonds.
| ||||||
14 | (f) The certification required under subsection (d) with | ||||||
15 | respect to
outstanding bonds and notes of the Authority shall | ||||||
16 | be
filed as early as practicable before the beginning of the | ||||||
17 | State fiscal
year to which it relates. The certification shall | ||||||
18 | be revised as may be
necessary to accurately state the debt | ||||||
19 | service requirements of the Authority.
| ||||||
20 | (g) Within 6 months of the end of each fiscal year, the | ||||||
21 | Authority shall determine: | ||||||
22 | (i) whether
the aggregate of all system generated | ||||||
23 | revenues for public transportation
in the metropolitan | ||||||
24 | region which is provided by, or under grant or purchase
of | ||||||
25 | service contracts with, the Service Boards equals 50% of | ||||||
26 | the aggregate
of all costs of providing such public |
| |||||||
| |||||||
1 | transportation. "System generated
revenues" include all | ||||||
2 | the proceeds of fares and charges for services provided,
| ||||||
3 | contributions received in connection with public | ||||||
4 | transportation from units
of local government other than | ||||||
5 | the Authority , except for contributions received by the | ||||||
6 | Chicago Transit Authority from a real estate transfer tax | ||||||
7 | imposed under subsection (i) of Section 8-3-19 of the | ||||||
8 | Illinois Municipal Code, and from the State pursuant
to | ||||||
9 | subsection (i) of Section 2705-305 of the Department of | ||||||
10 | Transportation Law
(20 ILCS 2705/2705-305), and all other | ||||||
11 | revenues properly included consistent
with generally | ||||||
12 | accepted accounting principles but may not include: the | ||||||
13 | proceeds
from any borrowing, and, beginning with the 2007 | ||||||
14 | fiscal year, all revenues and receipts, including but not | ||||||
15 | limited to fares and grants received from the federal, | ||||||
16 | State or any unit of local government or other entity, | ||||||
17 | derived from providing ADA paratransit service pursuant to | ||||||
18 | Section 2.30 of the Regional Transportation Authority Act. | ||||||
19 | "Costs" include all items properly included as
operating | ||||||
20 | costs consistent with generally accepted accounting | ||||||
21 | principles,
including administrative costs, but do not | ||||||
22 | include: depreciation; payment
of principal and interest | ||||||
23 | on bonds, notes or other evidences of obligations
for | ||||||
24 | borrowed money of the Authority; payments with respect to | ||||||
25 | public
transportation facilities made pursuant to | ||||||
26 | subsection (b) of Section 2.20;
any payments with respect |
| |||||||
| |||||||
1 | to rate protection contracts, credit
enhancements or | ||||||
2 | liquidity agreements made under Section 4.14; any other
| ||||||
3 | cost as to which it is reasonably expected that a cash
| ||||||
4 | expenditure will not be made; costs for passenger
security | ||||||
5 | including grants, contracts, personnel, equipment and
| ||||||
6 | administrative expenses, except in the case of the Chicago | ||||||
7 | Transit
Authority, in which case the term does not include | ||||||
8 | costs spent annually by
that entity for protection against | ||||||
9 | crime as required by Section 27a of the
Metropolitan | ||||||
10 | Transit Authority Act; the costs of Debt Service paid by | ||||||
11 | the Chicago Transit Authority, as defined in Section 12c of | ||||||
12 | the Metropolitan Transit Authority Act, or bonds or notes | ||||||
13 | issued pursuant to that Section; the payment by the | ||||||
14 | Commuter Rail Division of debt service on bonds issued | ||||||
15 | pursuant to Section 3B.09; expenses incurred by the | ||||||
16 | Suburban Bus Division for the cost of new public | ||||||
17 | transportation services funded from grants pursuant to | ||||||
18 | Section 2.01e of this amendatory Act of the 95th General | ||||||
19 | Assembly for a period of 2 years from the date of | ||||||
20 | initiation of each such service; costs as exempted by the | ||||||
21 | Board for
projects pursuant to Section 2.09 of this Act ; | ||||||
22 | or, beginning with the 2007 fiscal year, expenses related | ||||||
23 | to providing ADA paratransit service pursuant to Section | ||||||
24 | 2.30 of the Regional Transportation Authority Act; or in | ||||||
25 | fiscal years 2008 through 2012 inclusive, costs in the | ||||||
26 | amount of $200,000,000 in fiscal year 2008, reducing by |
| |||||||
| |||||||
1 | $40,000,000 in each fiscal year thereafter until this | ||||||
2 | exemption is eliminated . If said system generated
revenues | ||||||
3 | are less than 50% of said costs, the Board shall remit an | ||||||
4 | amount
equal to the amount of the deficit to the State. The | ||||||
5 | Treasurer shall
deposit any such payment in the General | ||||||
6 | Revenue Fund; and
| ||||||
7 | (ii) whether, beginning with the 2007 fiscal year, the | ||||||
8 | aggregate of all fares charged and received for ADA | ||||||
9 | paratransit services equals the system generated ADA | ||||||
10 | paratransit services revenue recovery ratio percentage of | ||||||
11 | the aggregate of all costs of providing such ADA | ||||||
12 | paratransit services.
| ||||||
13 | (h) If the Authority makes any payment to the State under | ||||||
14 | paragraph (g),
the Authority shall reduce the amount provided | ||||||
15 | to a Service Board from funds
transferred under paragraph (a) | ||||||
16 | in proportion to the amount by which
that Service Board failed | ||||||
17 | to meet its required system generated revenues
recovery ratio. | ||||||
18 | A Service Board which is affected by a reduction in funds
under | ||||||
19 | this paragraph shall submit to the Authority concurrently with | ||||||
20 | its
next due quarterly report a revised budget incorporating | ||||||
21 | the reduction in
funds. The revised budget must meet the | ||||||
22 | criteria specified in clauses (i)
through (vi) of Section | ||||||
23 | 4.11(b)(2). The Board shall review and act on the
revised | ||||||
24 | budget as provided in Section 4.11(b)(3).
| ||||||
25 | (Source: P.A. 94-370, eff. 7-29-05; 95-708, eff. 1-18-08; | ||||||
26 | 95-906, eff. 8-26-08.)
|
| |||||||
| |||||||
1 | (70 ILCS 3615/4.11) (from Ch. 111 2/3, par. 704.11)
| ||||||
2 | Sec. 4.11. Budget Review Powers.
| ||||||
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
| ||||||
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
| ||||||
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 |
| |||||||
| |||||||
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
| ||||||
16 | consider the historical system generated revenues recovery | ||||||
17 | ratio for the
services subject to the jurisdiction of that
| ||||||
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,
| ||||||
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, and (ii) up to $5,000,000 annually of the costs for |
| |||||||
| |||||||
1 | passenger security, and (iii) expenditures of amounts granted | ||||||
2 | to a Service Board from the Innovation, Coordination, and | ||||||
3 | Enhancement Fund for operating purposes may be exempted from | ||||||
4 | the
farebox recovery ratio or the system generated revenues | ||||||
5 | recovery ratio of
the Chicago Transit Authority, the Suburban | ||||||
6 | Bus Board, and the Commuter
Rail Board, or any of them. During | ||||||
7 | fiscal years 2008 through 2012, the Board may also allocate the | ||||||
8 | exemption of $200,000,000 and the reducing amounts of costs | ||||||
9 | provided by this amendatory Act of the 95th General Assembly | ||||||
10 | from the farebox recovery ratio or system generated revenues | ||||||
11 | recovery ratio of each Service Board.
| ||||||
12 | (b)(1) Not later than the next preceding November 15 prior | ||||||
13 | to the
commencement of such fiscal year, each Service Board | ||||||
14 | shall submit to the
Authority its proposed budget for such | ||||||
15 | fiscal year and its proposed
financial plan for the two | ||||||
16 | following fiscal years. Such budget and
financial plan shall | ||||||
17 | (i) be prepared in the format, follow the financial and | ||||||
18 | budgetary practices, and be based on any assumptions and | ||||||
19 | projections required by the Authority and (ii) not project or | ||||||
20 | assume a receipt of revenues from the
Authority in amounts | ||||||
21 | greater than those set forth in the estimates provided
by the | ||||||
22 | Authority pursuant to subsection (a) of this Section.
| ||||||
23 | (2) The Board shall review the proposed budget and two-year
| ||||||
24 | financial plan submitted
by each Service Board and shall adopt | ||||||
25 | a consolidated budget and financial plan . The Board shall | ||||||
26 | approve the budget and two-year financial plan of a Service |
| |||||||
| |||||||
1 | Board if:
| ||||||
2 | (i) the Board has approved the proposed budget and cash | ||||||
3 | flow plan for
such fiscal year of each Service Board, | ||||||
4 | pursuant to the conditions set forth
in clauses (ii) | ||||||
5 | through (vii) of this paragraph;
| ||||||
6 | (ii) (i)
such budget and plan show a balance between | ||||||
7 | (A) anticipated revenues
from all sources including | ||||||
8 | operating subsidies and (B) the costs of providing
the | ||||||
9 | services specified and of funding any operating deficits or | ||||||
10 | encumbrances
incurred in prior periods, including | ||||||
11 | provision for payment when due of
principal and interest on | ||||||
12 | outstanding indebtedness;
| ||||||
13 | (iii) (ii)
such budget and plan show cash balances | ||||||
14 | including the proceeds of
any anticipated cash flow | ||||||
15 | borrowing sufficient to pay with reasonable
promptness all | ||||||
16 | costs and expenses as incurred;
| ||||||
17 | (iv) (iii)
such budget and plan provide for a level of | ||||||
18 | fares or charges and
operating or administrative costs for | ||||||
19 | the public transportation provided
by or subject to the | ||||||
20 | jurisdiction of such Service Board sufficient to allow
the | ||||||
21 | Service Board to meet its required system generated revenue | ||||||
22 | recovery ratio and, beginning with the 2007 fiscal year, | ||||||
23 | system generated ADA paratransit services revenue recovery | ||||||
24 | ratio;
| ||||||
25 | (v) (iv)
such budget and plan are based upon and employ | ||||||
26 | assumptions and
projections which are reasonable and |
| |||||||
| |||||||
1 | prudent;
| ||||||
2 | (vi) (v)
such budget and plan have been prepared in | ||||||
3 | accordance with sound
financial practices as determined by | ||||||
4 | the Board; and
| ||||||
5 | (vii) (vi)
such budget and plan meet such other | ||||||
6 | financial, budgetary, or fiscal
requirements that the | ||||||
7 | Board may by rule or regulation establish . ; and
| ||||||
8 | (vii) such budget and plan are consistent with the | ||||||
9 | goals and objectives adopted by the Authority in the | ||||||
10 | Strategic Plan.
| ||||||
11 | (3) In determining whether the budget and financial plan | ||||||
12 | provide a level
of fares or charges sufficient to allow a | ||||||
13 | Service Board to meet its required
system generated revenue | ||||||
14 | recovery ratio and, beginning with the 2007 fiscal year, system | ||||||
15 | generated ADA paratransit services revenue recovery ratio | ||||||
16 | under clause (iv) in subparagraph (2),
the Board shall allow a | ||||||
17 | Service Board to carry over cash from farebox
revenues to | ||||||
18 | subsequent fiscal years (Blank) .
| ||||||
19 | (4) Unless the Board by an affirmative vote of 9 12
of the | ||||||
20 | then Directors
determines that the budget and financial plan of | ||||||
21 | a Service Board meets the
criteria specified in clauses (ii) | ||||||
22 | (i)
through (vii) of subparagraph (2) of
this paragraph (b), | ||||||
23 | the Board shall not release to withhold from that Service Board | ||||||
24 | any
funds for the periods covered by such budget and financial | ||||||
25 | plan except
for 25% of
the cash proceeds of taxes imposed by | ||||||
26 | the Authority under Section 4.03 which are allocated to the |
| |||||||
| |||||||
1 | Service Board under Section 4.01.
and Section 4.03.1 and | ||||||
2 | received after February 1 and 25% of the amounts transferred to | ||||||
3 | the Authority from the Public Transportation Fund under Section | ||||||
4 | 4.09(a) (but not including Section 4.09(a)(3)(iv)) after | ||||||
5 | February 1 that the Board has estimated to be available to that | ||||||
6 | Service Board under Section 4.11(a). Such funding shall be | ||||||
7 | released to the Service Board only upon approval of a budget | ||||||
8 | and financial plan under this Section or adoption of a budget | ||||||
9 | and financial plan on behalf of the Service Board by the | ||||||
10 | Authority.
| ||||||
11 | (5) If the Board has not found that the budget and | ||||||
12 | financial plan of a
Service Board meets the criteria specified | ||||||
13 | in clauses (i) through (vii)
of subparagraph (2) of this | ||||||
14 | paragraph (b), the Board shall, 5 working days after the start | ||||||
15 | of the Service Board's fiscal year , by the affirmative vote of | ||||||
16 | at least 12 of its then Directors, shall
adopt a budget and
| ||||||
17 | financial plan meeting such criteria for that Service Board.
| ||||||
18 | (c)(1) If the Board shall at any time have received a
| ||||||
19 | revised estimate, or revises any estimate the Board has made, | ||||||
20 | pursuant to
this Section of the receipts to be collected by the | ||||||
21 | Authority which, in
the judgment of the Board, requires a | ||||||
22 | change in the estimates on which the
budget of any Service | ||||||
23 | Board is based, the Board shall advise the affected
Service | ||||||
24 | Board of such revised estimates, and such Service Board shall | ||||||
25 | within
30 days after receipt of such advice submit a revised | ||||||
26 | budget incorporating
such revised estimates. If the revised |
| |||||||
| |||||||
1 | estimates require, in the judgment
of the Board, that the | ||||||
2 | system generated revenues recovery ratio of one or
more Service | ||||||
3 | Boards be revised in order to allow the Authority to meet its
| ||||||
4 | required ratio, the Board shall advise any such Service Board | ||||||
5 | of its revised
ratio and such Service Board shall within 30 | ||||||
6 | days after receipt of such
advice submit a revised budget | ||||||
7 | incorporating such revised estimates or ratio.
| ||||||
8 | (2) Each Service Board shall, within such period after the | ||||||
9 | end of each
fiscal quarter as shall be specified by the Board, | ||||||
10 | report to the Authority
its financial condition and results of | ||||||
11 | operations and the financial condition
and results of | ||||||
12 | operations of the public transportation services subject
to its | ||||||
13 | jurisdiction, as at the end of and for such quarter. If in the | ||||||
14 | judgment
of the Board such condition and results are not | ||||||
15 | substantially in accordance
with such Service Board's budget | ||||||
16 | for such period, the Board shall so advise
such Service Board | ||||||
17 | and such Service Board shall within the period specified
by the | ||||||
18 | Board submit a revised budget incorporating such results.
| ||||||
19 | (3) If the Board shall determine that a revised budget | ||||||
20 | submitted by a
Service Board pursuant to subparagraph (1) or | ||||||
21 | (2) of this paragraph (c)
does not meet the criteria specified | ||||||
22 | in clauses (ii) (i)
through (vii) of
subparagraph
(2) of | ||||||
23 | paragraph (b) of this Section, the Board shall not release any | ||||||
24 | moneys to withhold from that Service Board except 25% of the | ||||||
25 | cash proceeds of taxes imposed by the Authority
under Section | ||||||
26 | 4.03 or 4.03.1 which are allocated and received by the |
| |||||||
| |||||||
1 | Authority after February 1 and 25% of the amounts transferred | ||||||
2 | to the Authority from the Public Transportation Fund under | ||||||
3 | Section 4.09(a) (but not including Section 4.09(a)(3)(iv)) | ||||||
4 | after February 1 that the Board has estimated to be available | ||||||
5 | to the that Service Board under
Section 4.01 4.11(a) . If the | ||||||
6 | Service Board submits a revised financial plan and
budget which | ||||||
7 | plan and budget shows that the criteria will be met within
a | ||||||
8 | four quarter period, the Board shall continue to release any | ||||||
9 | such withheld funds to the
Service Board. The Board by the | ||||||
10 | affirmative vote of at least 9 12
of its then Directors may
| ||||||
11 | require a Service Board to submit a revised financial plan and | ||||||
12 | budget which
shows that the criteria will be met in a time | ||||||
13 | period less than four quarters.
| ||||||
14 | (d) All budgets and financial plans, financial statements, | ||||||
15 | audits and
other information presented to the Authority | ||||||
16 | pursuant to this Section or
which may be required by the Board | ||||||
17 | to permit it to monitor compliance with
the provisions of this | ||||||
18 | Section shall be prepared and presented in such
manner and | ||||||
19 | frequency and in such detail as shall have been prescribed by
| ||||||
20 | the Board, shall be prepared on both an accrual and cash flow | ||||||
21 | basis as
specified by the Board, shall present such information | ||||||
22 | as the Authority shall prescribe that fairly presents the | ||||||
23 | condition of any pension plan or trust for health care benefits | ||||||
24 | with respect to retirees established by the Service Board and | ||||||
25 | describes the plans of the Service Board to meet the | ||||||
26 | requirements of Sections 4.02a and 4.02b, and shall identify |
| |||||||
| |||||||
1 | and describe the assumptions and
projections employed in the | ||||||
2 | preparation
thereof to the extent required by the Board. If the | ||||||
3 | Executive Director certifies that a Service Board has not | ||||||
4 | presented its budget and two-year financial plan in conformity | ||||||
5 | with the rules adopted by the Authority under the provisions of | ||||||
6 | Section 4.01(f) and this subsection (d), and such certification | ||||||
7 | is accepted by the affirmative vote of at least 9 12 of the | ||||||
8 | then Directors of the Authority, the Authority shall not | ||||||
9 | distribute to that Service Board any funds for operating | ||||||
10 | purposes in excess of the amounts distributed for such purposes | ||||||
11 | to the Service Board in the previous fiscal year. Except when | ||||||
12 | the Board adopts
a budget and a financial plan for a Service | ||||||
13 | Board under paragraph (b)(5),
a Service Board shall provide for | ||||||
14 | such levels of transportation services
and fares or charges | ||||||
15 | therefor as it deems appropriate and necessary in the
| ||||||
16 | preparation of a budget and financial plan meeting the criteria | ||||||
17 | set forth
in clauses (i)
through (vii) of subparagraph (2) of | ||||||
18 | paragraph (b) of this
Section. The Authority
shall have access | ||||||
19 | to and the right to examine and copy
all books, documents, | ||||||
20 | papers, records, or other source data of a Service
Board | ||||||
21 | relevant to any information submitted pursuant to this Section.
| ||||||
22 | (e) Whenever this Section requires the Board to make | ||||||
23 | determinations with
respect to estimates, budgets or financial | ||||||
24 | plans, or rules or regulations
with respect thereto such | ||||||
25 | determinations shall be made upon the affirmative
vote of at | ||||||
26 | least 9 12
of the then Directors and shall be incorporated in a
|
| |||||||
| |||||||
1 | written report of the Board and such report shall be submitted | ||||||
2 | within 10
days after such determinations are made to
the | ||||||
3 | Governor, the Mayor of Chicago (if such determinations relate | ||||||
4 | to the
Chicago Transit Authority), and the Auditor General of | ||||||
5 | Illinois.
| ||||||
6 | (Source: P.A. 97-399, eff. 8-16-11.)
| ||||||
7 | (70 ILCS 3615/4.13) (from Ch. 111 2/3, par. 704.13)
| ||||||
8 | Sec. 4.13. Annual Capital Improvement Plan.
| ||||||
9 | (a) With respect to each calendar year, the Authority shall | ||||||
10 | prepare as
part of its Five Year Program an Annual Capital | ||||||
11 | Improvement Plan (the
"Plan") which shall describe its intended | ||||||
12 | development and implementation of
the Strategic Capital | ||||||
13 | Improvement Program. The Plan shall include the
following | ||||||
14 | information:
| ||||||
15 | (i) a list of projects for which approval is sought | ||||||
16 | from the Governor,
with a description of each project | ||||||
17 | stating at a minimum the project cost, its
category, its | ||||||
18 | location and the entity responsible for its | ||||||
19 | implementation;
| ||||||
20 | (ii) a certification by
the Authority that the | ||||||
21 | Authority and the Service Boards have applied for
all | ||||||
22 | grants, loans and other moneys made available by the | ||||||
23 | federal government
or the State of Illinois during the | ||||||
24 | preceding federal and State fiscal
years for financing its | ||||||
25 | capital development activities;
|
| |||||||
| |||||||
1 | (iii) a certification that, as of September 30 of the | ||||||
2 | preceding calendar
year or any later date, the balance of | ||||||
3 | all federal capital grant funds and
all other funds to be | ||||||
4 | used as matching funds therefor which were committed
to or | ||||||
5 | possessed by the Authority or a Service Board but which had | ||||||
6 | not been
obligated was less than $350,000,000, or a greater | ||||||
7 | amount as authorized in
writing by the Governor (for | ||||||
8 | purposes of this subsection (a),
"obligated" means | ||||||
9 | committed to be paid by the Authority or a Service Board
| ||||||
10 | under a contract with a nongovernmental entity in | ||||||
11 | connection with the
performance of a project or committed | ||||||
12 | under a force account plan
approved by the federal | ||||||
13 | government);
| ||||||
14 | (iv) a certification that the Authority has adopted a | ||||||
15 | balanced budget
with respect to such calendar year under | ||||||
16 | Section 4.01 of this Act;
| ||||||
17 | (v) a schedule of all bonds or notes
previously issued | ||||||
18 | for Strategic Capital Improvement Projects and all debt
| ||||||
19 | service payments to be made with respect to all such bonds | ||||||
20 | and the
estimated additional debt service payments through | ||||||
21 | June 30 of the following
calendar year expected to result | ||||||
22 | from bonds to be sold prior thereto;
| ||||||
23 | (vi) a long-range summary of the Strategic Capital | ||||||
24 | Improvement
Program describing the projects to be funded | ||||||
25 | through the Program with
respect to project cost, category, | ||||||
26 | location, and implementing entity, and
presenting a |
| |||||||
| |||||||
1 | financial plan including an estimated time schedule for
| ||||||
2 | obligating funds for the performance of approved projects, | ||||||
3 | issuing bonds,
expending bond proceeds and paying debt | ||||||
4 | service throughout the duration of
the Program; and
| ||||||
5 | (vii) the source of funding for each project in the | ||||||
6 | Plan. For any project
for which full funding has not yet | ||||||
7 | been secured and which is not subject to
a federal full | ||||||
8 | funding contract, the Authority must identify alternative,
| ||||||
9 | dedicated funding sources available to complete the | ||||||
10 | project. The Governor
may waive this requirement on a | ||||||
11 | project by project basis.
| ||||||
12 | (b) The Authority shall submit the Plan with respect to any | ||||||
13 | calendar
year to the Governor on or before January 15 of that | ||||||
14 | year, or as soon as
possible thereafter; provided, however, | ||||||
15 | that the Plan shall be adopted on
the affirmative votes of 9 12
| ||||||
16 | of the then Directors. The Plan may be revised
or amended at | ||||||
17 | any time, but any revision in the projects approved shall
| ||||||
18 | require the Governor's approval.
| ||||||
19 | (c) The Authority shall seek approval from the Governor | ||||||
20 | only through the
Plan or an amendment thereto. The Authority | ||||||
21 | shall not request approval of the
Plan from the Governor in any | ||||||
22 | calendar year in which it is unable to make the
certifications | ||||||
23 | required under items (ii), (iii) and (iv) of subsection (a).
In | ||||||
24 | no event shall the Authority seek approval of the Plan from the | ||||||
25 | Governor for
projects in an aggregate amount exceeding the | ||||||
26 | proceeds of bonds or notes
for Strategic Capital Improvement |
| |||||||
| |||||||
1 | Projects issued under Section 4.04 of this
Act.
| ||||||
2 | (d) The Governor may approve the Plan for which
approval is | ||||||
3 | requested. The Governor's approval is limited to
the amount of | ||||||
4 | the project cost stated in the Plan. The Governor shall not
| ||||||
5 | approve the Plan in a calendar year if the Authority is unable | ||||||
6 | to make
the certifications required under items (ii), (iii) and | ||||||
7 | (iv)
of subsection (a). In no event shall the Governor approve | ||||||
8 | the Plan for
projects in an aggregate amount exceeding the | ||||||
9 | proceeds of
bonds or notes for Strategic Capital Improvement | ||||||
10 | Projects issued under
Section 4.04 of this Act.
| ||||||
11 | (e) With respect to capital improvements, only those | ||||||
12 | capital improvements
which are in a Plan approved by the | ||||||
13 | Governor shall be financed with the
proceeds of bonds or notes | ||||||
14 | issued for Strategic Capital Improvement Projects.
| ||||||
15 | (f) Before the Authority or a Service Board obligates any | ||||||
16 | funds for a
project for which the Authority or Service Board | ||||||
17 | intends to use the proceeds
of bonds or notes for Strategic | ||||||
18 | Capital Improvement Projects, but which project
is not included | ||||||
19 | in an approved Plan, the Authority must notify the Governor of
| ||||||
20 | the intended obligation. No project costs incurred prior to | ||||||
21 | approval of the
Plan including that project may be paid from | ||||||
22 | the proceeds of bonds or notes for
Strategic Capital | ||||||
23 | Improvement Projects issued under Section 4.04 of this Act.
| ||||||
24 | (Source: P.A. 94-839, eff. 6-6-06; 95-708, eff. 1-18-08.)
| ||||||
25 | (70 ILCS 3615/4.14) (from Ch. 111 2/3, par. 704.14)
|
| |||||||
| |||||||
1 | Sec. 4.14. Rate Protection Contract. "Rate Protection | ||||||
2 | Contract" means
interest rate price exchange agreements; | ||||||
3 | currency exchange agreements;
forward payment conversion | ||||||
4 | agreements; contracts providing for payment or
receipt of funds | ||||||
5 | based on levels of, or changes in, interest rates,
currency | ||||||
6 | exchange rates, stock or other indices; contracts to exchange | ||||||
7 | cash
flows or a series of payments; contracts, including | ||||||
8 | without limitation,
interest rate caps; interest rate floor; | ||||||
9 | interest rate locks; interest rate
collars; rate of return | ||||||
10 | guarantees or assurances, to manage payment,
currency, rate, | ||||||
11 | spread or similar exposure; the obligation, right, or
option to | ||||||
12 | issue, put, lend, sell, grant a security interest in, buy, | ||||||
13 | borrow
or otherwise acquire, a bond, note or other security or | ||||||
14 | interest therein as
an investment, as collateral, as a hedge, | ||||||
15 | or otherwise as a source or
assurance of payment to or by the | ||||||
16 | Authority or as a reduction of the
Authority's or an obligor's | ||||||
17 | risk exposure; repurchase agreements;
securities lending | ||||||
18 | agreements; and other agreements or arrangements similar
to the | ||||||
19 | foregoing.
| ||||||
20 | Notwithstanding any provision in Section 2.20 (a) (ii) of | ||||||
21 | this Act to the
contrary, in connection with or incidental to | ||||||
22 | the issuance by the Authority
of its bonds or notes under the | ||||||
23 | provisions of Section 4.04 or the exercise
of its powers under | ||||||
24 | subsection (b) of Section 2.20, the Authority, for its
own | ||||||
25 | benefit or for the benefit of the holders
of its obligations or | ||||||
26 | their trustee, may enter into rate protection
contracts. The |
| |||||||
| |||||||
1 | Authority may enter into rate protection contracts only
| ||||||
2 | pursuant to a determination by a vote of 9 12
of the then | ||||||
3 | Directors that the
terms of the contracts and any related | ||||||
4 | agreements reduce the risk of loss
to the Authority, or | ||||||
5 | protect, preserve or enhance the value of its assets,
or | ||||||
6 | provide compensation to the Authority for losses resulting from | ||||||
7 | changes
in interest rates. The Authority's obligations
under | ||||||
8 | any rate protection contract or credit enhancement or liquidity
| ||||||
9 | agreement shall not be considered bonds or notes for purposes | ||||||
10 | of this Act.
For purposes of this Section a rate protection | ||||||
11 | contract is a contract
determined by the Authority as necessary | ||||||
12 | or appropriate to permit it to
manage payment, currency or | ||||||
13 | interest rate risks or levels.
| ||||||
14 | (Source: P.A. 95-708, eff. 1-18-08.)
| ||||||
15 | (70 ILCS 3615/5.01) (from Ch. 111 2/3, par. 705.01)
| ||||||
16 | Sec. 5.01. Hearings and Citizen Participation.
| ||||||
17 | (a) The Authority shall provide for and encourage | ||||||
18 | participation by the
public in the development and review of | ||||||
19 | public transportation policy, and
in the process by which major | ||||||
20 | decisions significantly affecting the
provision of public | ||||||
21 | transportation are made. The Authority shall coordinate such | ||||||
22 | public participation processes with the Chicago Metropolitan | ||||||
23 | Agency for Planning to the extent practicable.
| ||||||
24 | (b) The Authority shall hold such public hearings as may be | ||||||
25 | required by
this Act or as the Authority may deem appropriate |
| |||||||
| |||||||
1 | to the performance of any
of its functions. The Authority shall | ||||||
2 | coordinate such public hearings with the Chicago Metropolitan | ||||||
3 | Agency for Planning to the extent practicable.
| ||||||
4 | (c) Unless such items are specifically provided for either | ||||||
5 | in the
Five-Year Capital Program or in the annual budget | ||||||
6 | program which has been the
subject of public hearings as | ||||||
7 | provided in Sections 2.01 or 4.01 of this
Act, the Board shall | ||||||
8 | hold public hearings at which citizens may be heard
prior to:
| ||||||
9 | (i) the construction or acquisition of any public | ||||||
10 | transportation
facility, the aggregate cost of which | ||||||
11 | exceeds $5 million; and
| ||||||
12 | (ii) the extension of, or major addition to services | ||||||
13 | provided by the
Authority or by any transportation agency | ||||||
14 | pursuant to a purchase of service
agreement with the | ||||||
15 | Authority.
| ||||||
16 | (d) Unless such items are specifically provided for in the | ||||||
17 | annual budget
and program which has been the subject of public | ||||||
18 | hearing, as provided in
Section 4.01 of this Act, the Board | ||||||
19 | shall hold public hearings at which
citizens may be heard prior | ||||||
20 | to the providing for or allowing, by means of
any purchase of | ||||||
21 | service agreement or any grant pursuant to Section 2.02 of
this | ||||||
22 | Act, or so providing for or allowing
any discontinuance of any | ||||||
23 | public transportation route, or major portion
thereof, which | ||||||
24 | has been in service for more than a year.
| ||||||
25 | (e) At least twenty days prior notice of any public | ||||||
26 | hearing, as required
in this Section, shall be given by public |
| |||||||
| |||||||
1 | advertisement in a newspaper of
general circulation in the | ||||||
2 | metropolitan region.
| ||||||
3 | (e-5) With respect to any increase in fares or charges
for | ||||||
4 | public transportation, whether by the Authority or by any
| ||||||
5 | Service Board or transportation agency, a public hearing must | ||||||
6 | be held in each county in which the fare increase takes effect. | ||||||
7 | Notice of the public hearing shall be given at least 20 days | ||||||
8 | prior to the hearing and at least 30 days prior to the | ||||||
9 | effective date of any fare increase. Notice shall be given by | ||||||
10 | public advertisement in a newspaper of
general circulation in | ||||||
11 | the metropolitan region and must also be sent to the Governor | ||||||
12 | and to each member of the General Assembly whose district | ||||||
13 | overlaps in whole or in part with the area in which the | ||||||
14 | increase takes effect. The notice must state the date, time, | ||||||
15 | and place of the hearing and must contain a description of the | ||||||
16 | proposed increase. The notice must also specify how interested | ||||||
17 | persons may obtain copies of any reports, resolutions, or | ||||||
18 | certificates describing the basis upon which the increase was | ||||||
19 | calculated. | ||||||
20 | (f) The Authority may designate one or more Directors or | ||||||
21 | may appoint one
or more hearing officers to preside over any | ||||||
22 | hearing pursuant to this Act.
The Authority shall have the | ||||||
23 | power in connection with any such hearing to
issue subpoenas to | ||||||
24 | require the attendance of witnesses and the production
of | ||||||
25 | documents, and the Authority may apply to any circuit court in | ||||||
26 | the State
to require compliance with such subpoenas.
|
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1 | (g) (Blank). The Authority may require any Service Board to | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | hold one or more public hearings with respect to any item | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | described in paragraphs (c), (d), and (e-5) of this Section | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | 5.01, notwithstanding whether such item has been the subject of | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | a public hearing under this Section 5.01 or Section 2.01 or | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | 4.01 of this Act.
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | (Source: P.A. 95-708, eff. 1-18-08; 95-906, eff. 8-26-08.)
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8 | (70 ILCS 3615/2.01a rep.) | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
9 | (70 ILCS 3615/2.01b rep.) | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
10 | (70 ILCS 3615/2.01c rep.) | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
11 | (70 ILCS 3615/2.01d rep.) | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
12 | (70 ILCS 3615/2.01e rep.) | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
13 | (70 ILCS 3615/2.12b rep.) | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
14 | (70 ILCS 3615/2.31 rep.) | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
15 | (70 ILCS 3615/3A.15 rep.) | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
16 | (70 ILCS 3615/3B.14 rep.) | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
17 | (70 ILCS 3615/4.03.3 rep.) | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
18 | Section 65. The Regional Transportation Authority Act is | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
19 | amended by repealing Sections 2.01a, 2.01b, 2.01c, 2.01d, | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
20 | 2.01e, 2.12b, 2.31, 3A.15, 3B.14, and 4.03.3.
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