Full Text of HB6946 96th General Assembly
HB6946 96TH GENERAL ASSEMBLY |
| | 96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB6946 Introduced , by Rep. Jack D. Franks SYNOPSIS AS INTRODUCED: |
| 5 ILCS 375/2.5 new | | 10 ILCS 5/2A-1.2 | from Ch. 46, par. 2A-1.2 | 10 ILCS 5/2A-56 new | | 40 ILCS 5/22-105 new | | 70 ILCS 3615/2.01 | from Ch. 111 2/3, par. 702.01 | 70 ILCS 3615/2.01a | | 70 ILCS 3615/2.01b | | 70 ILCS 3615/2.01c | | 70 ILCS 3615/2.05 | from Ch. 111 2/3, par. 702.05 | 70 ILCS 3615/2.12b | | 70 ILCS 3615/2.18a | from Ch. 111 2/3, par. 702.18a | 70 ILCS 3615/2.30 | | 70 ILCS 3615/3.01 | from Ch. 111 2/3, par. 703.01 | 70 ILCS 3615/3.03 | from Ch. 111 2/3, par. 703.03 | 70 ILCS 3615/3.04 | from Ch. 111 2/3, par. 703.04 | 70 ILCS 3615/3.05 | from Ch. 111 2/3, par. 703.05 | 70 ILCS 3615/4.01 | from Ch. 111 2/3, par. 704.01 | 70 ILCS 3615/4.03 | from Ch. 111 2/3, par. 704.03 | 70 ILCS 3615/4.11 | from Ch. 111 2/3, par. 704.11 | 70 ILCS 3615/4.14 | from Ch. 111 2/3, par. 704.14 |
| Amends the State Employees Group Insurance Act of 1971, the Election Code, the Illinois Pension Code, and the Regional Transportation Authority Act. Provides for the nonpartisan election of a 9-member Regional Transportation Authority Board, beginning at the consolidated election in 2011 (now, a 16-member board is appointed). Eliminates compensation and pension and group insurance benefits for members. Makes other changes. Effective immediately.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The State Employees Group Insurance Act of 1971 | 5 | | is amended by adding Section 2.5 as follows: | 6 | | (5 ILCS 375/2.5 new) | 7 | | Sec. 2.5. Application to Regional Transportation Authority | 8 | | Board members. This Act does not apply to any elected member of | 9 | | the Regional Transportation Authority Board established by | 10 | | subsection (d-5) of Section 3.01 of the Regional Transportation | 11 | | Authority Act or to any person appointed to fill a vacancy on | 12 | | that elected Board. | 13 | | Section 10. The Election Code is amended by changing | 14 | | Section 2A-1.2 and by adding Section 2A-56 as follows:
| 15 | | (10 ILCS 5/2A-1.2) (from Ch. 46, par. 2A-1.2)
| 16 | | Sec. 2A-1.2. Consolidated Schedule of Elections - Offices | 17 | | Designated.
| 18 | | (a) At the general election in the appropriate | 19 | | even-numbered years, the
following offices shall be filled or | 20 | | shall be on the ballot as otherwise
required by this Code:
| 21 | | (1) Elector of President and Vice President of the |
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| 1 | | United States;
| 2 | | (2) United States Senator and United States | 3 | | Representative;
| 4 | | (3) State Executive Branch elected officers;
| 5 | | (4) State Senator and State Representative;
| 6 | | (5) County elected officers, including State's | 7 | | Attorney, County Board
member, County Commissioners, and | 8 | | elected President of the County Board or
County Chief | 9 | | Executive;
| 10 | | (6) Circuit Court Clerk;
| 11 | | (7) Regional Superintendent of Schools, except in | 12 | | counties or
educational service regions in which that | 13 | | office has been abolished;
| 14 | | (8) Judges of the Supreme, Appellate and Circuit | 15 | | Courts, on the question
of retention, to fill vacancies and | 16 | | newly created judicial offices;
| 17 | | (9) (Blank);
| 18 | | (10) Trustee of the Metropolitan Sanitary District of | 19 | | Chicago, and elected
Trustee of other Sanitary Districts;
| 20 | | (11) Special District elected officers, not otherwise | 21 | | designated in this
Section, where the statute creating or | 22 | | authorizing the creation of
the district requires an annual | 23 | | election and permits or requires election
of candidates of | 24 | | political parties.
| 25 | | (b) At the general primary election:
| 26 | | (1) in each even-numbered year candidates of political |
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| 1 | | parties shall be
nominated for those offices to be filled | 2 | | at the general election in that
year, except where pursuant | 3 | | to law nomination of candidates of political
parties is | 4 | | made by caucus.
| 5 | | (2) in the appropriate even-numbered years the | 6 | | political party offices of
State central committeeman, | 7 | | township committeeman, ward committeeman, and
precinct | 8 | | committeeman shall be filled and delegates and alternate | 9 | | delegates
to the National nominating conventions shall be | 10 | | elected as may be required
pursuant to this Code. In the | 11 | | even-numbered years in which a Presidential
election is to | 12 | | be held, candidates in the Presidential preference primary
| 13 | | shall also be on the ballot.
| 14 | | (3) in each even-numbered year, where the municipality | 15 | | has provided for
annual elections to elect municipal | 16 | | officers pursuant to Section 6(f) or
Section 7 of Article | 17 | | VII of the Constitution, pursuant to the Illinois
Municipal | 18 | | Code or pursuant to the municipal charter, the offices of | 19 | | such
municipal officers shall be filled at an election held | 20 | | on the date of the
general primary election, provided that | 21 | | the municipal election shall be a
nonpartisan election | 22 | | where required by the Illinois Municipal Code. For
partisan | 23 | | municipal elections in even-numbered years, a primary to | 24 | | nominate
candidates for municipal office to be elected at | 25 | | the general primary
election shall be held on the Tuesday 6 | 26 | | weeks preceding that election.
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| 1 | | (4) in each school district which has adopted the | 2 | | provisions of
Article 33 of the School Code, successors to | 3 | | the members of the board
of education whose terms expire in | 4 | | the year in which the general primary is
held shall be | 5 | | elected.
| 6 | | (c) At the consolidated election in the appropriate | 7 | | odd-numbered years,
the following offices shall be filled:
| 8 | | (1) Municipal officers, provided that in | 9 | | municipalities in which
candidates for alderman or other | 10 | | municipal office are not permitted by law
to be candidates | 11 | | of political parties, the runoff election where required
by | 12 | | law, or the nonpartisan election where required by law, | 13 | | shall be held on
the date of the consolidated election; and | 14 | | provided further, in the case of
municipal officers | 15 | | provided for by an ordinance providing the form of
| 16 | | government of the municipality pursuant to Section 7 of | 17 | | Article VII of the
Constitution, such offices shall be | 18 | | filled by election or by runoff
election as may be provided | 19 | | by such ordinance;
| 20 | | (2) Village and incorporated town library directors;
| 21 | | (3) City boards of stadium commissioners;
| 22 | | (4) Commissioners of park districts;
| 23 | | (5) Trustees of public library districts;
| 24 | | (6) Special District elected officers, not otherwise | 25 | | designated in this
section, where the statute creating or | 26 | | authorizing the creation of the district
permits or |
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| 1 | | requires election of candidates of political parties;
| 2 | | (7) Township officers, including township park | 3 | | commissioners, township
library directors, and boards of | 4 | | managers of community buildings, and
Multi-Township | 5 | | Assessors;
| 6 | | (8) Highway commissioners and road district clerks;
| 7 | | (9) Members of school boards in school districts which | 8 | | adopt Article 33
of the School Code;
| 9 | | (10) The directors and chairman of the Chain O Lakes - | 10 | | Fox River Waterway
Management Agency;
| 11 | | (11) Forest preserve district commissioners elected | 12 | | under Section 3.5 of
the Downstate Forest Preserve District | 13 | | Act;
| 14 | | (11.5) Members of the Regional Transportation | 15 | | Authority Board;
| 16 | | (12) Elected members of school boards, school | 17 | | trustees, directors of
boards of school directors, | 18 | | trustees of county boards of school trustees
(except in | 19 | | counties or educational service regions having a | 20 | | population
of 2,000,000 or more inhabitants) and members of | 21 | | boards of school inspectors,
except school boards in school
| 22 | | districts that adopt Article 33 of the School Code;
| 23 | | (13) Members of Community College district boards;
| 24 | | (14) Trustees of Fire Protection Districts;
| 25 | | (15) Commissioners of the Springfield Metropolitan | 26 | | Exposition and
Auditorium
Authority;
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| 1 | | (16) Elected Trustees of Tuberculosis Sanitarium | 2 | | Districts;
| 3 | | (17) Elected Officers of special districts not | 4 | | otherwise designated in
this Section for which the law | 5 | | governing those districts does not permit
candidates of | 6 | | political parties.
| 7 | | (d) At the consolidated primary election in each | 8 | | odd-numbered year,
candidates of political parties shall be | 9 | | nominated for those offices to be
filled at the consolidated | 10 | | election in that year, except where pursuant to
law nomination | 11 | | of candidates of political parties is made by caucus, and
| 12 | | except those offices listed in paragraphs (12) through (17) of | 13 | | subsection
(c).
| 14 | | At the consolidated primary election in the appropriate | 15 | | odd-numbered years,
the mayor, clerk, treasurer, and aldermen | 16 | | shall be elected in
municipalities in which
candidates for | 17 | | mayor, clerk, treasurer, or alderman are not permitted by
law | 18 | | to be candidates
of political parties, subject to runoff | 19 | | elections to be held at the
consolidated election as may be | 20 | | required
by law, and municipal officers shall be nominated in a | 21 | | nonpartisan election
in municipalities in which pursuant to law | 22 | | candidates for such office are
not permitted to be candidates | 23 | | of political parties.
| 24 | | At the consolidated primary election in the appropriate | 25 | | odd-numbered years,
municipal officers shall be nominated or | 26 | | elected, or elected subject to
a runoff, as may be provided by |
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| 1 | | an ordinance providing a form of government
of the municipality | 2 | | pursuant to Section 7 of Article VII of the Constitution.
| 3 | | (e) (Blank).
| 4 | | (f) At any election established in Section 2A-1.1, public | 5 | | questions may
be submitted to voters pursuant to this Code and | 6 | | any special election
otherwise required or authorized by law or | 7 | | by court order may be conducted
pursuant to this Code.
| 8 | | Notwithstanding the regular dates for election of officers | 9 | | established
in this Article, whenever a referendum is held for | 10 | | the establishment of
a political subdivision whose officers are | 11 | | to be elected, the initial officers
shall be elected at the | 12 | | election at which such referendum is held if otherwise
so | 13 | | provided by law. In such cases, the election of the initial | 14 | | officers
shall be subject to the referendum.
| 15 | | Notwithstanding the regular dates for election of | 16 | | officials established
in this Article, any community college | 17 | | district which becomes effective by
operation of law pursuant | 18 | | to Section 6-6.1 of the Public Community College
Act, as now or | 19 | | hereafter amended, shall elect the initial district board
| 20 | | members at the next regularly scheduled election following the | 21 | | effective
date of the new district.
| 22 | | (g) At any election established in Section 2A-1.1, if in | 23 | | any precinct
there are no offices or public questions required | 24 | | to be on the ballot under
this Code then no election shall be | 25 | | held in the precinct on that date.
| 26 | | (h) There may be conducted a
referendum in accordance with |
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| 1 | | the provisions of Division 6-4 of the
Counties Code.
| 2 | | (Source: P.A. 89-5, eff. 1-1-96; 89-95,
eff. 1-1-96; 89-626, | 3 | | eff. 8-9-96; 90-358, eff. 1-1-98.)
| 4 | | (10 ILCS 5/2A-56 new) | 5 | | Sec. 2A-56. Regional Transportation Authority Board | 6 | | member. A
Regional Transportation Authority Board member under | 7 | | Section 3.01 of the
Regional Transportation Authority Act shall | 8 | | be elected at the consolidated
election to succeed each | 9 | | incumbent Regional Transportation Authority Board member whose | 10 | | term expires before the
following consolidated election. | 11 | | Section 15. The Illinois Pension Code is amended by adding | 12 | | Section 22-105 as follows: | 13 | | (40 ILCS 5/22-105 new) | 14 | | Sec. 22-105. Application to Regional Transportation | 15 | | Authority Board members. This Code does not apply to any | 16 | | elected member of the Regional Transportation Authority Board | 17 | | established by subsection (d-5) of Section 3.01 of the Regional | 18 | | Transportation Authority Act or to any person appointed to fill | 19 | | a vacancy on that elected Board. | 20 | | Section 20. The Regional Transportation Authority Act is | 21 | | amended by changing Sections 2.01, 2.01a, 2.01b, 2.01c, 2.05, | 22 | | 2.12b, 2.18a, 2.30, 3.01, 3.03, 3.04, 3.05, 4.01, 4.03, 4.11, |
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| 1 | | and 4.14 as follows:
| 2 | | (70 ILCS 3615/2.01) (from Ch. 111 2/3, par. 702.01)
| 3 | | Sec. 2.01. General Allocation of Responsibility for Public | 4 | | Transportation.
| 5 | | (a) In order to accomplish the
purposes as set forth in | 6 | | this Act,
the responsibility for planning, operating, and | 7 | | funding public transportation in the metropolitan region shall | 8 | | be allocated as described in this Act. The Authority shall: | 9 | | (i) adopt plans that implement the public policy of the | 10 | | State to provide adequate, efficient, and coordinated | 11 | | public transportation throughout the metropolitan region;
| 12 | | (ii) set goals, objectives, and standards for the | 13 | | Authority, the Service Boards, and transportation | 14 | | agencies;
| 15 | | (iii) develop performance measures to inform the | 16 | | public about the extent to which the provision of public | 17 | | transportation in the metropolitan region meets those | 18 | | goals, objectives, and standards;
| 19 | | (iv) allocate operating and capital funds made | 20 | | available to support public transportation in the | 21 | | metropolitan region;
| 22 | | (v) provide financial oversight of the Service Boards; | 23 | | and
| 24 | | (vi) coordinate the provision of public transportation | 25 | | and the investment in public transportation facilities to |
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| 1 | | enhance the integration of public transportation | 2 | | throughout the metropolitan region, all as provided in this | 3 | | Act.
| 4 | | The
Service Boards shall, on a continuing basis determine
| 5 | | the level, nature
and kind of public transportation which | 6 | | should be provided for the
metropolitan region in order to meet | 7 | | the plans, goals, objectives, and standards adopted by the | 8 | | Authority. The Service Boards may provide public | 9 | | transportation
by purchasing
such service from transportation | 10 | | agencies through purchase of service
agreements, by grants to | 11 | | such agencies or by operating such service, all
pursuant to | 12 | | this Act and the " Metropolitan Transit Authority
Act ", as now | 13 | | or hereafter amended . Certain of its actions to implement the | 14 | | responsibilities allocated to the Authority in this subsection | 15 | | (a) shall be taken in 3 public documents adopted by the | 16 | | affirmative vote of at least two-thirds 12 of its then | 17 | | Directors: A Strategic Plan; a Five-Year Capital Program; and | 18 | | an Annual Budget and Two-Year Financial Plan.
| 19 | | (b) The Authority shall subject the operating and capital | 20 | | plans and
expenditures of the Service Boards in the
| 21 | | metropolitan region with
regard to public transportation to | 22 | | continuing review so that
the Authority may budget and expend | 23 | | its funds with maximum effectiveness
and efficiency. The | 24 | | Authority shall conduct audits of each of the Service Boards no | 25 | | less than every 5 years. Such audits may include management, | 26 | | performance, financial, and infrastructure condition audits. |
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| 1 | | The Authority may conduct management, performance, financial, | 2 | | and infrastructure condition audits of transportation agencies | 3 | | that receive funds from the Authority. The Authority may direct | 4 | | a Service Board to conduct any such audit of a transportation | 5 | | agency that receives funds from such Service Board, and the | 6 | | Service Board shall comply with such request to the extent it | 7 | | has the right to do so. These audits of the Service Boards or | 8 | | transportation agencies may be project or service specific | 9 | | audits to evaluate their achievement of the goals and | 10 | | objectives of that project or service and their compliance with | 11 | | any applicable requirements.
| 12 | | (Source: P.A. 95-708, eff. 1-18-08.)
| 13 | | (70 ILCS 3615/2.01a) | 14 | | Sec. 2.01a. Strategic Plan. | 15 | | (a) By the affirmative vote of at least two-thirds 12 of | 16 | | its then Directors, the Authority shall adopt a Strategic Plan, | 17 | | no less than every 5 years, after consultation with the Service | 18 | | Boards and after holding a minimum of 3 public hearings in Cook | 19 | | County and one public hearing in each of the other counties in | 20 | | the region. The Executive Director of the Authority shall | 21 | | review the Strategic Plan on an ongoing basis and make | 22 | | recommendations to the Board of the Authority with respect to | 23 | | any update or amendment of the Strategic Plan. The Strategic | 24 | | Plan shall describe the specific actions to be taken by the | 25 | | Authority and the Service Boards to provide adequate, |
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| 1 | | efficient, and coordinated public transportation. | 2 | | (b) The Strategic Plan shall identify goals and objectives | 3 | | with respect to:
| 4 | | (i) increasing ridership and passenger miles on public | 5 | | transportation funded by the Authority;
| 6 | | (ii) coordination of public transportation services | 7 | | and the investment in public transportation facilities to | 8 | | enhance the integration of public transportation | 9 | | throughout the metropolitan region;
| 10 | | (iii) coordination of fare and transfer policies to | 11 | | promote transfers by riders among Service Boards, | 12 | | transportation agencies, and public transportation modes, | 13 | | which may include goals and objectives for development of a | 14 | | universal fare instrument that riders may use | 15 | | interchangeably on all public transportation funded by the | 16 | | Authority, and methods to be used to allocate revenues from | 17 | | transfers;
| 18 | | (iv) improvements in public transportation facilities | 19 | | to bring those facilities into a state of good repair, | 20 | | enhancements that attract ridership and improve customer | 21 | | service, and expansions needed to serve areas with | 22 | | sufficient demand for public transportation;
| 23 | | (v) access for transit-dependent populations, | 24 | | including access by low-income communities to places of | 25 | | employment, utilizing analyses provided by the Chicago | 26 | | Metropolitan Agency for Planning regarding employment and |
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| 1 | | transportation availability, and giving consideration to | 2 | | the location of employment centers in each county and the | 3 | | availability of public transportation at off-peak hours | 4 | | and on weekends;
| 5 | | (vi) the financial viability of the public | 6 | | transportation system, including both operating and | 7 | | capital programs;
| 8 | | (vii) limiting road congestion within the metropolitan | 9 | | region and enhancing transit options to improve mobility; | 10 | | and
| 11 | | (viii) such other goals and objectives that advance the | 12 | | policy of the State to provide adequate, efficient, and | 13 | | coordinated public transportation in the metropolitan | 14 | | region.
| 15 | | (c) The Strategic Plan shall establish the process and | 16 | | criteria by which proposals for capital improvements by a | 17 | | Service Board or a transportation agency will be evaluated by | 18 | | the Authority for inclusion in the Five-Year Capital Program, | 19 | | which may include criteria for:
| 20 | | (i) allocating funds among maintenance, enhancement, | 21 | | and expansion improvements;
| 22 | | (ii) projects to be funded from the Innovation, | 23 | | Coordination, and Enhancement Fund;
| 24 | | (iii) projects intended to improve or enhance | 25 | | ridership or customer service;
| 26 | | (iv) design and location of station or transit |
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| 1 | | improvements intended to promote transfers, increase | 2 | | ridership, and support transit-oriented land development;
| 3 | | (v) assessing the impact of projects on the ability to | 4 | | operate and maintain the existing transit system; and
| 5 | | (vi) other criteria that advance the goals and | 6 | | objectives of the Strategic Plan.
| 7 | | (d) The Strategic Plan shall establish performance | 8 | | standards and measurements regarding the adequacy, efficiency, | 9 | | and coordination of public transportation services in the | 10 | | region and the implementation of the goals and objectives in | 11 | | the Strategic Plan. At a minimum, such standards and measures | 12 | | shall include customer-related performance data measured by | 13 | | line, route, or sub-region, as determined by the Authority, on | 14 | | the following:
| 15 | | (i) travel times and on-time performance;
| 16 | | (ii) ridership data;
| 17 | | (iii) equipment failure rates;
| 18 | | (iv) employee and customer safety; and
| 19 | | (v) customer satisfaction.
| 20 | | The Service Boards and transportation agencies that | 21 | | receive funding from the Authority or Service Boards shall | 22 | | prepare, publish, and submit to the Authority such reports with | 23 | | regard to these standards and measurements in the frequency and | 24 | | form required by the Authority; however, the frequency of such | 25 | | reporting shall be no less than annual. The Service Boards | 26 | | shall publish such reports on their respective websites. The |
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| 1 | | Authority shall compile and publish such reports on its | 2 | | website. Such performance standards and measures shall not be | 3 | | used as the basis for disciplinary action against any employee | 4 | | of the Authority or Service Boards, except to the extent the | 5 | | employment and disciplinary practices of the Authority or | 6 | | Service Board provide for such action.
| 7 | | (e) The Strategic Plan shall identify innovations to | 8 | | improve the delivery of public transportation and the | 9 | | construction of public transportation facilities.
| 10 | | (f) The Strategic Plan shall describe the expected | 11 | | financial condition of public transportation in the | 12 | | metropolitan region prospectively over a 10-year period, which | 13 | | may include information about the cash position and all known | 14 | | obligations of the Authority and the Service Boards including | 15 | | operating expenditures, debt service, contributions for | 16 | | payment of pension and other post-employment benefits, the | 17 | | expected revenues from fares, tax receipts, grants from the | 18 | | federal, State, and local governments for operating and capital | 19 | | purposes and issuance of debt, the availability of working | 20 | | capital, and the resources needed to achieve the goals and | 21 | | objectives described in the Strategic Plan.
| 22 | | (g) In developing the Strategic Plan, the Authority shall | 23 | | rely on such demographic and other data, forecasts, and | 24 | | assumptions developed by the Chicago Metropolitan Agency for | 25 | | Planning with respect to the patterns of population density and | 26 | | growth, projected commercial and residential development, and |
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| 1 | | environmental factors, within the metropolitan region and in | 2 | | areas outside the metropolitan region that may impact public | 3 | | transportation utilization in the metropolitan region. Before | 4 | | adopting or amending any Strategic Plan, the Authority shall | 5 | | consult with the Chicago Metropolitan Agency for Planning | 6 | | regarding the consistency of the Strategic Plan with the | 7 | | Regional Comprehensive Plan adopted pursuant to the Regional | 8 | | Planning Act.
| 9 | | (h) The Authority may adopt, by the affirmative vote of at | 10 | | least two-thirds 12 of its then Directors, sub-regional or | 11 | | corridor plans for specific geographic areas of the | 12 | | metropolitan region in order to improve the adequacy, | 13 | | efficiency, and coordination of existing, or the delivery of | 14 | | new, public transportation. Such plans may also address areas | 15 | | outside the metropolitan region that may impact public | 16 | | transportation utilization in the metropolitan region. In | 17 | | preparing a sub-regional or corridor plan, the Authority may | 18 | | identify changes in operating practices or capital investment | 19 | | in the sub-region or corridor that could increase ridership, | 20 | | reduce costs, improve coordination, or enhance | 21 | | transit-oriented development. The Authority shall consult with | 22 | | any affected Service Boards in the preparation of any | 23 | | sub-regional or corridor plans.
| 24 | | (i) If the Authority determines, by the affirmative vote of | 25 | | at least two-thirds 12 of its then Directors, that, with | 26 | | respect to any proposed new public transportation service or |
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| 1 | | facility, (i) multiple Service Boards or transportation | 2 | | agencies are potential service providers and (ii) the public | 3 | | transportation facilities to be constructed or purchased to | 4 | | provide that service have an expected construction cost of more | 5 | | than $25,000,000, the Authority shall have sole responsibility | 6 | | for conducting any alternatives analysis and preliminary | 7 | | environmental assessment required by federal or State law. | 8 | | Nothing in this subparagraph (i) shall prohibit a Service Board | 9 | | from undertaking alternatives analysis and preliminary | 10 | | environmental assessment for any public transportation service | 11 | | or facility identified in items (i) and (ii) above that is | 12 | | included in the Five-Year Capital Program as of the effective | 13 | | date of this amendatory Act of the 95th General Assembly; | 14 | | however, any expenditure related to any such public | 15 | | transportation service or facility must be included in a | 16 | | Five-Year Capital Program under the requirements of Sections | 17 | | 2.01b and 4.02 of this Act.
| 18 | | (Source: P.A. 95-708, eff. 1-18-08.) | 19 | | (70 ILCS 3615/2.01b)
| 20 | | Sec. 2.01b. The Five-Year Capital Program. By the | 21 | | affirmative vote of at least two-thirds 12 of its then | 22 | | Directors, the Authority, after consultation with the Service | 23 | | Boards and after holding a minimum of 3 public hearings in Cook | 24 | | County and one public hearing in each of the other counties in | 25 | | the metropolitan region, shall each year adopt a Five-Year |
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| 1 | | Capital Program that shall include each capital improvement to | 2 | | be undertaken by or on behalf of a Service Board provided that | 3 | | the Authority finds that the improvement meets any criteria for | 4 | | capital improvements contained in the Strategic Plan, is not | 5 | | inconsistent with any sub-regional or corridor plan adopted by | 6 | | the Authority, and can be funded within amounts available with | 7 | | respect to the capital and operating costs of such improvement. | 8 | | In reviewing proposals for improvements to be included in a | 9 | | Five-Year Capital Program, the Authority may give priority to | 10 | | improvements that are intended to bring public transportation | 11 | | facilities into a state of good repair. The Five-Year Capital | 12 | | Program shall also identify capital improvements to be | 13 | | undertaken by a Service Board, a transportation agency, or a | 14 | | unit of local government and funded by the Authority from | 15 | | amounts in the Innovation, Coordination, and Enhancement Fund, | 16 | | provided that no improvement that is included in the Five-Year | 17 | | Capital Program as of the effective date of this amendatory Act | 18 | | of the 95th General Assembly may receive funding from the | 19 | | Innovation, Coordination, and Enhancement Fund. Before | 20 | | adopting a Five-Year Capital Program, the Authority shall | 21 | | consult with the Chicago Metropolitan Agency for Planning | 22 | | regarding the consistency of the Five-Year Capital Program with | 23 | | the Regional Comprehensive Plan adopted pursuant to the | 24 | | Regional Planning Act.
| 25 | | (Source: P.A. 95-708, eff. 1-18-08.) |
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| 1 | | (70 ILCS 3615/2.01c)
| 2 | | Sec. 2.01c. Innovation, Coordination, and Enhancement | 3 | | Fund. | 4 | | (a) The Authority shall establish an Innovation, | 5 | | Coordination, and Enhancement Fund and each year deposit into | 6 | | the Fund the amounts directed by Section 4.03.3 of this Act. | 7 | | Amounts on deposit in such Fund and interest and other earnings | 8 | | on those amounts may be used by the Authority,
upon the | 9 | | affirmative vote of at least two-thirds 12 of its then | 10 | | Directors, and after
a public participation process, for | 11 | | operating or capital grants
or loans to Service Boards, | 12 | | transportation agencies, or units
of local government that | 13 | | advance the goals and objectives
identified by the Authority in | 14 | | its Strategic Plan, provided
that no improvement that has been | 15 | | included in a Five-Year
Capital Program as of the effective | 16 | | date of this amendatory Act
of the 95th General Assembly may | 17 | | receive any funding from the
Innovation, Coordination, and | 18 | | Enhancement Fund. Unless the
Board has determined by a vote of | 19 | | at least two-thirds 12 of its then Directors that
an emergency | 20 | | exists requiring the use of some or all of the
funds then in | 21 | | the Innovation, Coordination, and Enhancement
Fund, such funds | 22 | | may only be used to enhance the coordination
and integration of | 23 | | public transportation and develop and
implement innovations to | 24 | | improve the quality and delivery of
public transportation. | 25 | | (b) Any grantee that receives funds from the Innovation, | 26 | | Coordination, and Enhancement Fund for the operation of |
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| 1 | | eligible programs must (i) implement such programs within one | 2 | | year of receipt of such funds and (ii) within 2 years following | 3 | | commencement of any program utilizing such funds, determine | 4 | | whether it is desirable to continue the program, and upon such | 5 | | a determination, either incorporate such program into its | 6 | | annual operating budget and capital program or discontinue such | 7 | | program. No additional funds from the Innovation, | 8 | | Coordination, and Enhancement Fund may be distributed to a | 9 | | grantee for any individual program beyond 2 years unless the | 10 | | Authority by the affirmative vote of at least two-thirds 12 of | 11 | | its then Directors waives this limitation. Any such waiver will | 12 | | be with regard to an individual program and with regard to a | 13 | | one year-period, and any further waivers for such individual | 14 | | program require a subsequent vote of the Board.
| 15 | | (Source: P.A. 95-708, eff. 1-18-08.)
| 16 | | (70 ILCS 3615/2.05) (from Ch. 111 2/3, par. 702.05)
| 17 | | Sec. 2.05. Centralized Services; Acquisition and | 18 | | Construction. | 19 | | (a) The Authority may at the
request of two or more Service | 20 | | Boards, serve, or designate a Service Board
to serve, as a | 21 | | centralized purchasing agent for the Service Boards so | 22 | | requesting.
| 23 | | (b) The Authority may at the request of two or more Service | 24 | | Boards perform
other centralized services such as ridership | 25 | | information and transfers between
services under the |
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| 1 | | jurisdiction of the Service Boards where such centralized
| 2 | | services financially benefit the region as a whole. Provided, | 3 | | however,
that the Board may require transfers only upon an | 4 | | affirmative vote of at least two-thirds 12
of its then | 5 | | Directors.
| 6 | | (c) A Service Board or the Authority may for the benefit of | 7 | | a Service
Board, to meet its purposes, construct or acquire any | 8 | | public
transportation facility for use by a Service Board
or | 9 | | for use by any
transportation agency and may acquire any such | 10 | | facilities from any
transportation agency, including also | 11 | | without limitation any reserve funds,
employees' pension or | 12 | | retirement funds, special funds, franchises,
licenses, | 13 | | patents, permits and papers, documents and records of the | 14 | | agency.
In connection with any such acquisition from a | 15 | | transportation agency the
Authority may assume obligations of | 16 | | the transportation agency with regard
to such facilities or | 17 | | property or public transportation operations of such
agency.
| 18 | | In connection with any construction or acquisition, the | 19 | | Authority shall
make relocation payments as may be required by | 20 | | federal law or by the
requirements of any federal agency | 21 | | authorized to administer any federal
program of aid.
| 22 | | (d) The Authority shall, after consulting with the Service | 23 | | Boards, develop regionally coordinated and consolidated sales, | 24 | | marketing, advertising, and public information programs that | 25 | | promote the use and coordination of, and transfers among, | 26 | | public transportation services in the metropolitan region. The |
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| 1 | | Authority shall develop and adopt, with the affirmative vote of | 2 | | at least two-thirds 12 of its then Directors, rules and | 3 | | regulations for the Authority and the Service Boards regarding | 4 | | such programs to ensure that the Service Boards' independent | 5 | | programs conform with the Authority's regional programs.
| 6 | | (Source: P.A. 95-708, eff. 1-18-08.)
| 7 | | (70 ILCS 3615/2.12b)
| 8 | | Sec. 2.12b. Coordination of Fares and Service. Until May 1, | 9 | | 2011, upon Upon the request of a Service Board, the Executive | 10 | | Director of the Authority may, upon the affirmative vote of 9 | 11 | | of the then Directors of the Authority, intervene in any matter | 12 | | involving (i) a dispute between Service Boards or a Service | 13 | | Board and a transportation agency providing service on behalf | 14 | | of a Service Board with respect to the terms of transfer | 15 | | between, and the allocation of revenues from fares and charges | 16 | | for, transportation services provided by the parties or (ii) a | 17 | | dispute between 2 Service Boards with respect to coordination | 18 | | of service, route duplication, or a change in service. Any | 19 | | Service Board or transportation agency involved in such dispute | 20 | | shall meet with the Executive Director, cooperate in good faith | 21 | | to attempt to resolve the dispute, and provide any books, | 22 | | records, and other information requested by the Executive | 23 | | Director. If the Executive Director is unable to mediate a | 24 | | resolution of any dispute, he or she may provide a written | 25 | | determination recommending a change in the fares or charges or |
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| 1 | | the allocation of revenues for such service or directing a | 2 | | change in the nature or provider of service that is the subject | 3 | | of the dispute. The Executive Director shall base such | 4 | | determination upon the goals and objectives of the Strategic | 5 | | Plan established pursuant to Section 2.01a(b). Such | 6 | | determination shall be presented to the Board of the Authority | 7 | | and, if approved by the affirmative vote of at least 9 of the | 8 | | then Directors of the Authority, shall be final and shall be | 9 | | implemented by any affected Service Board and transportation | 10 | | agency within the time frame required by the determination.
| 11 | | Beginning May 1, 2011, upon the request of a Service Board, | 12 | | the Executive Director of the Authority may, upon the | 13 | | affirmative vote of at least 5 of the then Directors of the | 14 | | Authority, intervene in any matter involving (i) a dispute | 15 | | between Service Boards or a Service Board and a transportation | 16 | | agency providing service on behalf of a Service Board with | 17 | | respect to the terms of transfer between, and the allocation of | 18 | | revenues from fares and charges for, transportation services | 19 | | provided by the parties or (ii) a dispute between 2 Service | 20 | | Boards with respect to coordination of service, route | 21 | | duplication, or a change in service. Any Service Board or | 22 | | transportation agency involved in such dispute shall meet with | 23 | | the Executive Director, cooperate in good faith to attempt to | 24 | | resolve the dispute, and provide any books, records, and other | 25 | | information requested by the Executive Director. If the | 26 | | Executive Director is unable to mediate a resolution of any |
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| 1 | | dispute, he or she may provide a written determination | 2 | | recommending a change in the fares or charges or the allocation | 3 | | of revenues for such service or directing a change in the | 4 | | nature or provider of service that is the subject of the | 5 | | dispute. The Executive Director shall base such determination | 6 | | upon the goals and objectives of the Strategic Plan established | 7 | | pursuant to subsection (b) of Section 2.01a. The determination | 8 | | shall be presented to the Board of the Authority and, if | 9 | | approved by the affirmative vote of at least 5 of the then | 10 | | Directors of the Authority, shall be final and shall be | 11 | | implemented by any affected Service Board and transportation | 12 | | agency within the time frame required by the determination. | 13 | | (Source: P.A. 95-708, eff. 1-18-08.)
| 14 | | (70 ILCS 3615/2.18a) (from Ch. 111 2/3, par. 702.18a)
| 15 | | Sec. 2.18a. Amendment of budgets to include collective | 16 | | bargaining agreements. | 17 | | (a) The provisions of this Section apply to collective | 18 | | bargaining
agreements (including extensions and amendments to | 19 | | existing agreements)
between Service Boards or transportation | 20 | | agencies subject to the jurisdiction
of Service Boards and | 21 | | their employees, which are entered into after January 1, 1984.
| 22 | | (b) The Authority shall approve amended budgets prepared by | 23 | | Service Boards
which incorporate the costs of collective | 24 | | bargaining agreements between
Service Boards and their | 25 | | employees. The Authority shall approve such an
amended budget |
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| 1 | | provided that it determines by the affirmative vote of at least | 2 | | two-thirds 12
of its then members that the amended budget meets | 3 | | the standards established
in Section 4.11.
| 4 | | (Source: P.A. 95-708, eff. 1-18-08.)
| 5 | | (70 ILCS 3615/2.30) | 6 | | Sec. 2.30. Paratransit services. | 7 | | (a) For purposes of this Act, "ADA paratransit services" | 8 | | shall mean those comparable or specialized transportation | 9 | | services provided by, or under grant or purchase of service | 10 | | contracts of, the Service Boards to individuals with | 11 | | disabilities who are unable to use fixed route transportation | 12 | | systems and who are determined to be eligible, for some or all | 13 | | of their trips, for such services under the Americans with | 14 | | Disabilities Act of 1990 and its implementing regulations. | 15 | | (b) Beginning July 1, 2005, the Authority is responsible | 16 | | for the funding, from amounts on deposit in the ADA Paratransit | 17 | | Fund established under Section 2.01d of this Act, financial | 18 | | review and oversight of all ADA paratransit services that are | 19 | | provided by the Authority or by any of the Service Boards. The | 20 | | Suburban Bus Board shall operate or provide for the operation | 21 | | of all ADA paratransit services by no later than July 1, 2006, | 22 | | except that this date may be extended to the extent necessary | 23 | | to obtain approval from the Federal Transit Administration of | 24 | | the plan prepared pursuant to subsection (c). | 25 | | (c) No later than January 1, 2006, the Authority, in |
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| 1 | | collaboration with the Suburban Bus Board and the Chicago | 2 | | Transit Authority, shall develop a plan for the provision of | 3 | | ADA paratransit services and submit such plan to the Federal | 4 | | Transit Administration for approval. Approval of such plan by | 5 | | the Authority shall require the affirmative votes of 12
of the | 6 | | then Directors. The Suburban Bus Board, the Chicago Transit | 7 | | Authority and the Authority shall comply with the requirements | 8 | | of the Americans with Disabilities Act of 1990 and its | 9 | | implementing regulations in developing and approving such plan | 10 | | including, without limitation, consulting with individuals | 11 | | with disabilities and groups representing them in the | 12 | | community, and providing adequate opportunity for public | 13 | | comment and public hearings. The plan shall include the | 14 | | contents required for a paratransit plan pursuant to the | 15 | | Americans with Disabilities Act of 1990 and its implementing | 16 | | regulations. The plan shall also include, without limitation, | 17 | | provisions to: | 18 | | (1) maintain, at a minimum, the levels of ADA | 19 | | paratransit service that are required to be provided by the | 20 | | Service Boards pursuant to the Americans with Disabilities | 21 | | Act of 1990 and its implementing regulations; | 22 | | (2) transfer the appropriate ADA paratransit services, | 23 | | management, personnel, service contracts and assets from | 24 | | the Chicago Transit Authority to the Authority or the | 25 | | Suburban Bus Board, as necessary, by no later than July 1, | 26 | | 2006, except that this date may be extended to the extent |
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| 1 | | necessary to obtain approval from the Federal Transit | 2 | | Administration of the plan prepared pursuant to this | 3 | | subsection (c); | 4 | | (3) provide for consistent policies throughout the | 5 | | metropolitan region for scheduling of ADA paratransit | 6 | | service trips to and from destinations, with consideration | 7 | | of scheduling of return trips on a "will-call" open-ended | 8 | | basis upon request of the rider, if practicable, and with | 9 | | consideration of an increased number of trips available by | 10 | | subscription service than are available as of the effective | 11 | | date of this amendatory Act; | 12 | | (4) provide that service contracts and rates, entered | 13 | | into or set after the approval by the Federal Transit | 14 | | Administration of the plan prepared pursuant to subsection | 15 | | (c) of this Section, with private carriers and taxicabs for | 16 | | ADA paratransit service are procured by means of an open | 17 | | procurement process; | 18 | | (5) provide for fares, fare collection and billing | 19 | | procedures for ADA paratransit services throughout the | 20 | | metropolitan region; | 21 | | (6) provide for performance standards for all ADA | 22 | | paratransit service transportation carriers, with | 23 | | consideration of door-to-door service; | 24 | | (7) provide, in cooperation with the Illinois | 25 | | Department of Transportation, the Illinois Department of | 26 | | Public Aid and other appropriate public agencies and |
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| 1 | | private entities, for the application and receipt of | 2 | | grants, including, without limitation, reimbursement from | 3 | | Medicaid or other programs for ADA paratransit services; | 4 | | (8) provide for a system of dispatch of ADA paratransit | 5 | | services transportation carriers throughout the | 6 | | metropolitan region, with consideration of county-based | 7 | | dispatch systems already in place as of the effective date | 8 | | of this amendatory Act; | 9 | | (9) provide for a process of determining eligibility | 10 | | for ADA paratransit services that complies with the | 11 | | Americans with Disabilities Act of 1990 and its | 12 | | implementing regulations; | 13 | | (10) provide for consideration of innovative methods | 14 | | to provide and fund ADA paratransit services; and | 15 | | (11) provide for the creation of one or more ADA | 16 | | advisory boards, or the reconstitution of the existing ADA | 17 | | advisory boards for the Service Boards, to represent the | 18 | | diversity of individuals with disabilities in the | 19 | | metropolitan region and to provide appropriate ongoing | 20 | | input from individuals with disabilities into the | 21 | | operation of ADA paratransit services.
| 22 | | (d) All revisions and annual updates to the ADA paratransit | 23 | | services plan developed pursuant to subsection (c) of this | 24 | | Section, or certifications of continued compliance in lieu of | 25 | | plan updates, that are required to be provided to the Federal | 26 | | Transit Administration shall be developed by the Authority, in |
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| 1 | | collaboration with the Suburban Bus Board and the Chicago | 2 | | Transit Authority, and the Authority shall submit such | 3 | | revision, update or certification to the Federal Transit | 4 | | Administration for approval. Approval of such revisions, | 5 | | updates or certifications by the Authority shall require the | 6 | | affirmative votes of at least two-thirds 12
of the then | 7 | | Directors. | 8 | | (e) The Illinois Department of Transportation, the | 9 | | Illinois Department of Public Aid, the Authority, the Suburban | 10 | | Bus Board and the Chicago Transit Authority shall enter into | 11 | | intergovernmental agreements as may be necessary to provide | 12 | | funding and accountability for, and implementation of, the | 13 | | requirements of this Section. | 14 | | (f) By no later than April 1, 2007, the Authority shall | 15 | | develop and submit to the General Assembly and the Governor a | 16 | | funding plan for ADA paratransit services. Approval of such | 17 | | plan by the Authority shall require the affirmative votes of 12
| 18 | | of the then Directors. The funding plan shall, at a minimum, | 19 | | contain an analysis of the current costs of providing ADA | 20 | | paratransit services, projections of the long-term costs of | 21 | | providing ADA paratransit services, identification of and | 22 | | recommendations for possible cost efficiencies in providing | 23 | | ADA paratransit services, and identification of and | 24 | | recommendations for possible funding sources for providing ADA | 25 | | paratransit services. The Illinois Department of | 26 | | Transportation, the Illinois Department of Public Aid, the |
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| 1 | | Suburban Bus Board, the Chicago Transit Authority and other | 2 | | State and local public agencies as appropriate shall cooperate | 3 | | with the Authority in the preparation of such funding plan. | 4 | | (g) Any funds derived from the federal Medicaid program for | 5 | | reimbursement of the costs of providing ADA paratransit | 6 | | services within the metropolitan region shall be directed to | 7 | | the Authority and shall be used to pay for or reimburse the | 8 | | costs of providing such services. | 9 | | (h) Nothing in this amendatory Act shall be construed to | 10 | | conflict with the requirements of the Americans with | 11 | | Disabilities Act of 1990 and its implementing regulations.
| 12 | | (Source: P.A. 94-370, eff. 7-29-05; 95-708, eff. 1-18-08.)
| 13 | | (70 ILCS 3615/3.01) (from Ch. 111 2/3, par. 703.01)
| 14 | | Sec. 3.01. Board of Directors. Until May 1, 2011, the The
| 15 | | corporate authorities and governing body of the Authority shall
| 16 | | be a Board consisting of 13 Directors until April 1, 2008, and | 17 | | 16 Directors thereafter , appointed as follows:
| 18 | | (a) Four Directors appointed by the Mayor of the City of
| 19 | | Chicago, with the advice and consent of the City Council of the | 20 | | City of
Chicago, and, only until April 1, 2008, a fifth | 21 | | director who shall be the Chairman of the Chicago
Transit | 22 | | Authority. After April 1, 2008, the Mayor of the City of | 23 | | Chicago, with the advice and consent of the City Council of the | 24 | | City of Chicago, shall appoint a fifth Director. The Directors | 25 | | appointed by the Mayor of the City of Chicago shall not be the |
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| 1 | | Chairman or a Director of the Chicago Transit Authority. Each | 2 | | such Director shall reside in the City of Chicago.
| 3 | | (b) Four Directors appointed by the votes of a majority of | 4 | | the members of the Cook County Board
elected from districts, a | 5 | | majority of
the electors of which reside outside Chicago. After | 6 | | April 1, 2008, a fifth Director appointed by the President of | 7 | | the Cook County Board with the advice and consent of the | 8 | | members of the Cook County Board.
Each Director appointed under | 9 | | this subparagraph shall reside in that part of Cook County | 10 | | outside
Chicago.
| 11 | | (c) Until April 1, 2008, 3 Directors appointed by the | 12 | | Chairmen of the County Boards of DuPage, Kane, Lake, McHenry, | 13 | | and Will Counties, as follows:
| 14 | | (i) Two Directors appointed by the Chairmen of the | 15 | | county boards
of Kane, Lake, McHenry and Will Counties, | 16 | | with the concurrence of not less
than a majority of the | 17 | | Chairmen from such counties, from nominees by
the Chairmen. | 18 | | Each such Chairman may nominate not more than 2 persons for
| 19 | | each position. Each such Director shall reside in a county | 20 | | in the metropolitan
region other than Cook or DuPage | 21 | | Counties.
| 22 | | (ii)
One Director appointed by the Chairman
of the | 23 | | DuPage County Board with the advice and consent of the | 24 | | DuPage County Board. Such Director
shall reside in DuPage | 25 | | County.
| 26 | | (d) After April 1, 2008, 5 Directors appointed by the |
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| 1 | | Chairmen of the County Boards of DuPage, Kane, Lake and McHenry | 2 | | Counties and the County Executive of Will County, as follows:
| 3 | | (i) One Director appointed by the Chairman of the Kane | 4 | | County Board with the advice and consent of the Kane County | 5 | | Board. Such Director shall reside in Kane County.
| 6 | | (ii) One Director appointed by the County Executive of | 7 | | Will County with the advice and consent of the Will County | 8 | | Board. Such Director shall reside in Will County.
| 9 | | (iii) One Director appointed by the Chairman of the | 10 | | DuPage County Board with the advice and consent of the | 11 | | DuPage County Board. Such Director shall reside in DuPage | 12 | | County.
| 13 | | (iv) One Director appointed by the Chairman of the Lake | 14 | | County Board with the advice and consent of the Lake County | 15 | | Board. Such Director shall reside in Lake County.
| 16 | | (v) One Director appointed by the Chairman of the | 17 | | McHenry County Board with the advice and consent of the | 18 | | McHenry County Board. Such Director shall reside in McHenry | 19 | | County.
| 20 | | (vi) To implement the changes in appointing authority | 21 | | under this subparagraph (d) the three Directors appointed | 22 | | under subparagraph (c) and residing in Lake County, DuPage | 23 | | County, and Kane County respectively shall each continue to | 24 | | serve as Director until the expiration of their respective | 25 | | term of office and until his or her successor is appointed | 26 | | and qualified or a vacancy occurs in the office. Thereupon, |
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| 1 | | the appointment shall be made by the officials given | 2 | | appointing authority with respect to the Director whose | 3 | | term has expired or office has become vacant.
| 4 | | (d-5) Notwithstanding any other provision of this Act to | 5 | | the contrary, the terms of all members of the Regional | 6 | | Transportation Authority Board serving on April 30, 2011 shall | 7 | | terminate at the close of business on that day, and the | 8 | | Regional Transportation Authority Board shall thereupon be | 9 | | reconstituted as provided in this subsection (d-5). | 10 | | Beginning May 1, 2011, the governing body of the Regional | 11 | | Transportation Authority Division shall be a board consisting | 12 | | of 9 directors elected as follows: | 13 | | (1) One director shall be elected by the electors of | 14 | | the City of Chicago and shall represent and reside in the | 15 | | City of Chicago; | 16 | | (2) Three directors shall be elected by the electors of | 17 | | that part of Cook County outside the City of Chicago and | 18 | | shall represent and reside in that part of Cook County; | 19 | | (3) One director shall be elected by the electors of | 20 | | DuPage
County and shall represent and reside in DuPage | 21 | | County; | 22 | | (4) One director shall be elected by the electors of | 23 | | Kane
County and shall represent and reside in Kane County; | 24 | | (5) One director shall be elected by the electors of | 25 | | Lake
County and shall represent and reside in Lake County; | 26 | | (6) One director shall be elected by the electors of |
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| 1 | | McHenry
County and shall represent and reside in McHenry | 2 | | County; | 3 | | (7) One director shall be elected by the electors of | 4 | | Will
County and shall represent and reside in Will County. | 5 | | The directors provided for in this subsection (d-5) shall | 6 | | be nominated and elected on a nonpartisan basis as provided in | 7 | | Section 3.03 of this Act and in the Election Code. | 8 | | (e)
Until April 30, 2011 The Chairman serving on the | 9 | | effective date of this amendatory Act of the 95th General | 10 | | Assembly shall continue to serve as Chairman until the | 11 | | expiration of his or her term of office and until his or her | 12 | | successor is appointed and qualified or a vacancy occurs in the | 13 | | office. Upon the expiration or vacancy of the term of the | 14 | | Chairman then serving upon the effective date of this | 15 | | amendatory Act of the 95th General Assembly , the Chairman shall | 16 | | be appointed by the other Directors, by the affirmative vote of | 17 | | at least 11 of the then Directors with at least 2 affirmative | 18 | | votes from Directors who reside in the City of Chicago, at | 19 | | least 2 affirmative votes from Directors who reside in Cook | 20 | | County outside the City of Chicago, and at least 2 affirmative | 21 | | votes from Directors who reside in the Counties of DuPage, | 22 | | Lake, Will, Kane, or McHenry. The
chairman shall not be | 23 | | appointed from among the other Directors. The chairman
shall be | 24 | | a resident of the metropolitan region. | 25 | | Beginning May 1, 2011, the chairman shall be appointed by | 26 | | the directors, from the members of
the board, with the |
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| 1 | | concurrence of at least 6 of the directors.
| 2 | | (f) Except as otherwise provided by this Act no Director
| 3 | | shall, while serving as such, be an officer,
a member of the | 4 | | Board of Directors or Trustees or an employee of any Service | 5 | | Board or transportation
agency, or be an employee of the State | 6 | | of Illinois or any department or
agency thereof, or of any unit | 7 | | of local government or receive any compensation
from any | 8 | | elected or appointed office under the Constitution and laws of
| 9 | | Illinois; except that a Director may be a member of a school | 10 | | board.
| 11 | | (g) Each appointment made under this Section and
under | 12 | | Section 3.03 shall be certified by the appointing authority to | 13 | | the
Board, which shall maintain the certifications as part of | 14 | | the official
records of the Authority.
| 15 | | (h) (Blank).
| 16 | | (Source: P.A. 95-708, eff. 1-18-08.)
| 17 | | (70 ILCS 3615/3.03) (from Ch. 111 2/3, par. 703.03)
| 18 | | Sec. 3.03. Terms ; , elections; vacancies. | 19 | | (a) This subsection (a) applies only to directors appointed | 20 | | under subsections (a) through (d) of Section 3.01. Each | 21 | | Director
shall hold office for a term of 5
years, and until his | 22 | | or her successor has been appointed and has qualified. A
| 23 | | vacancy shall occur upon resignation, death, conviction of a | 24 | | felony, or
removal from office of a Director. Any Director may | 25 | | be removed from office
upon concurrence of not less than 11
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| 1 | | Directors, on a formal finding of
incompetence, neglect of | 2 | | duty, or malfeasance in office. Within 30 days
after the office | 3 | | of any appointed member becomes vacant for any reason other | 4 | | than the termination of appointed directors under subsection | 5 | | (d-5) of Section 3.01 , the
appointing authorities of such | 6 | | member shall make an appointment to fill the
vacancy. A vacancy | 7 | | shall be filled for the unexpired term.
| 8 | | Whenever
a vacancy for an appointed a Director, except as
| 9 | | to the Chairman or those Directors appointed by the Mayor of | 10 | | the City
of Chicago, exists for longer than 4 months, the new | 11 | | Director shall be
chosen by election by all legislative members | 12 | | in the General Assembly
representing the affected area. In | 13 | | order to qualify as a
voting legislative member in this matter, | 14 | | the affected
area must be more than 50% of the geographic area | 15 | | of the legislative district.
| 16 | | (b) The directors provided for in subsection (d-5) of | 17 | | Section 3.01 shall be elected on a nonpartisan basis at the | 18 | | consolidated election, beginning in 2011. | 19 | | Nomination shall be by petition, signed by at least 0.1% of | 20 | | the registered voters of the area to be represented, filed with | 21 | | the appropriate election authority in accordance with the | 22 | | general election law. In elections for directors representing | 23 | | that part of Cook County outside the City of Chicago, if more | 24 | | than one such director is to be elected, the electors may vote | 25 | | for as many candidates as there are directors to be elected but | 26 | | may not give any one candidate more than one vote. |
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| 1 | | Of the directors elected in 2011, (i) the directors | 2 | | described in items (3), (5), and (7) of subsection (d-5) of | 3 | | Section 3.01, and the director described in item (2) thereof | 4 | | who receives the greatest number of votes in the consolidated | 5 | | election, shall be elected for terms of 4 years; and (ii) the | 6 | | directors described in items (1), (4), and (6) of subsection | 7 | | (d-5) of Section 3.01, and the 2 directors described in item | 8 | | (2) thereof who receive the second and third greatest number of | 9 | | votes, shall be elected for terms of 2 years. Thereafter, all | 10 | | directors shall be elected for terms of 4 years. All terms | 11 | | shall begin on May 1, and directors shall continue to serve | 12 | | until their successors are elected and have qualified. | 13 | | (c) Beginning May 1, 2011, a vacancy shall be filled for | 14 | | the remainder of the term by a person appointed by the county | 15 | | board chairman of the county represented by the director | 16 | | causing the vacancy or, in the case of the director | 17 | | representing the City of Chicago, by the Mayor of the City of | 18 | | Chicago. | 19 | | (Source: P.A. 95-708, eff. 1-18-08.)
| 20 | | (70 ILCS 3615/3.04) (from Ch. 111 2/3, par. 703.04)
| 21 | | Sec. 3.04. Compensation ; pension; benefits . Until May 1, | 22 | | 2011, each Each Director including the
Chairman, except for the | 23 | | Chairman of the Chicago Transit Authority who
shall not be | 24 | | compensated by the Authority,
shall be compensated at the
rate | 25 | | of $25,000 per year. Beginning May 1, 2011, Directors of the |
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| 1 | | Regional Transportation Authority Board, including the | 2 | | Chairman, shall receive no annual salary or other compensation | 3 | | for their service in office, except that the Chairman and each | 4 | | Director shall be reimbursed for actual expenses incurred in | 5 | | the performance of his or her duties.
| 6 | | No service or contribution shall be credited in any | 7 | | retirement system or pension fund, under the Illinois Pension | 8 | | Code or otherwise, to the Chairman or any other Director for | 9 | | service in that office beginning on or after May 1, 2011, and | 10 | | no public funds shall be appropriated, expended, or otherwise | 11 | | obligated for such a retirement system or pension fund credit. | 12 | | Except as otherwise provided in this Act, beginning May 1, | 13 | | 2011, the Chairman or any other Director shall receive no | 14 | | financial benefit or perquisite for his or her service in such | 15 | | office, including without limitation participation in a | 16 | | program of life or health insurance. | 17 | | Officers of the Authority shall not be required to comply | 18 | | with the
requirements of the Public Funds Statement Publication | 19 | | Act "An Act requiring certain custodians of public moneys to
| 20 | | file and publish statements of the receipts and disbursements | 21 | | thereof",
approved June 24, 1919, as now or hereafter amended .
| 22 | | (Source: P.A. 83-885; 83-886.)
| 23 | | (70 ILCS 3615/3.05) (from Ch. 111 2/3, par. 703.05)
| 24 | | Sec. 3.05. Meetings. The Board shall prescribe the times | 25 | | and places for meetings and the
manner in which special |
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| 1 | | meetings may be called. The Board shall comply
in all respects | 2 | | with the " Open Meetings Act ", approved July 11,
1957, as now or | 3 | | hereafter amended . All records, documents and papers of
the | 4 | | Authority, other than those relating to matters concerning | 5 | | which
closed sessions of the Board may be held, shall be | 6 | | available for public
examination, subject to such reasonable | 7 | | regulations as the Board may
adopt.
| 8 | | A majority of the Directors holding office shall constitute | 9 | | a quorum
for the conduct of business. Until May 1, 2011, Except | 10 | | as otherwise provided in this Act,
the affirmative votes of at | 11 | | least 9
Directors , except as otherwise provided in this Act, | 12 | | shall be necessary for
approving any contract or agreement, | 13 | | adopting any rule or regulation,
and any other action required | 14 | | by this Act to be taken by resolution or
ordinance. Beginning | 15 | | May 1, 2011, the affirmative votes of at least 5 Directors, | 16 | | except as otherwise provided in this Act, shall be necessary | 17 | | for approving any contract or agreement, adopting any rule or | 18 | | regulation, or taking any other action required by this Act to | 19 | | be taken by resolution or ordinance.
| 20 | | The Board shall meet with the Regional Citizens Advisory | 21 | | Board at least
once every 4 months.
| 22 | | (Source: P.A. 95-708, eff. 1-18-08.)
| 23 | | (70 ILCS 3615/4.01) (from Ch. 111 2/3, par. 704.01)
| 24 | | Sec. 4.01. Budget and Program.
| 25 | | (a) The Board shall control the finances
of the Authority. |
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| 1 | | It shall by ordinance adopted by the affirmative vote of at | 2 | | least two-thirds 12 of its then Directors (i) appropriate money | 3 | | to perform the
Authority's purposes and provide for payment of | 4 | | debts and expenses of
the Authority, (ii) take action with | 5 | | respect to the budget and two-year financial plan of each | 6 | | Service Board, as provided in Section 4.11, and (iii) adopt an | 7 | | Annual Budget and Two-Year Financial Plan for the Authority | 8 | | that includes the annual budget and two-year financial plan of | 9 | | each Service Board that has been approved by the Authority. The | 10 | | Annual Budget and Two-Year Financial Plan
shall contain a | 11 | | statement
of the funds estimated to be on hand for the | 12 | | Authority and each Service Board at the beginning of the fiscal
| 13 | | year, the funds estimated to be received from all sources for | 14 | | such year, the estimated expenses and obligations of the | 15 | | Authority and each Service Board for all purposes, including | 16 | | expenses for contributions to be made with respect to pension | 17 | | and other employee benefits,
and the funds estimated to be on | 18 | | hand at the end of such year. The fiscal year of the Authority | 19 | | and each Service Board shall
begin on January 1st and end on | 20 | | the succeeding December 31st.
By July 1st of each year the | 21 | | Director of the
Illinois
Governor's Office of Management and | 22 | | Budget (formerly Bureau of the
Budget) shall submit
to the | 23 | | Authority an estimate of revenues for the next fiscal year of | 24 | | the Authority to be
collected from the taxes imposed by the | 25 | | Authority and the amounts to be
available in the Public | 26 | | Transportation Fund and the Regional Transportation
Authority |
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| 1 | | Occupation and Use Tax Replacement Fund and the amounts | 2 | | otherwise to be appropriated by the State to the Authority for | 3 | | its purposes. The Authority shall file a copy of its Annual | 4 | | Budget and Two-Year Financial Plan with
the
General Assembly | 5 | | and the Governor after its adoption. Before the proposed Annual | 6 | | Budget and Two-Year Financial Plan
is adopted, the Authority
| 7 | | shall hold at least one public hearing thereon
in the | 8 | | metropolitan region, and shall meet
with the county board or | 9 | | its designee of
each of the several counties in the | 10 | | metropolitan region. After conducting
such hearings and | 11 | | holding such meetings and after making such changes
in the | 12 | | proposed Annual Budget and Two-Year Financial Plan
as the Board | 13 | | deems appropriate, the
Board shall adopt its annual | 14 | | appropriation and Annual Budget and Two-Year Financial Plan
| 15 | | ordinance. The ordinance may be adopted
only upon the | 16 | | affirmative votes of at least two-thirds 12
of its then | 17 | | Directors. The
ordinance shall appropriate such sums of money | 18 | | as are deemed necessary
to defray all necessary expenses and | 19 | | obligations of the Authority,
specifying purposes and the | 20 | | objects or programs for which appropriations
are made and the | 21 | | amount appropriated for each object or program.
Additional | 22 | | appropriations, transfers between items and other changes in
| 23 | | such ordinance may be made from time to time by the Board upon | 24 | | the
affirmative votes of at least two-thirds 12
of its then | 25 | | Directors.
| 26 | | (b) The Annual Budget and Two-Year Financial Plan
shall |
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| 1 | | show a balance between anticipated revenues from
all sources | 2 | | and anticipated expenses including funding of operating | 3 | | deficits
or the discharge of encumbrances incurred in prior | 4 | | periods and payment of
principal and interest when due, and | 5 | | shall show cash balances sufficient
to pay with reasonable | 6 | | promptness all obligations and expenses as incurred.
| 7 | | The Annual Budget and Two-Year Financial Plan
must show: | 8 | |
(i) that the level of fares
and charges for mass | 9 | | transportation provided by, or under grant or purchase
of | 10 | | service contracts of, the Service Boards is sufficient to | 11 | | cause the
aggregate of all projected fare revenues from | 12 | | such fares and charges received
in each fiscal year to | 13 | | equal at least 50% of the aggregate costs of providing
such | 14 | | public transportation in such fiscal year. "Fare revenues" | 15 | | include
the proceeds of all fares and charges for services | 16 | | provided, contributions
received in connection with public | 17 | | transportation from units of local
government other than | 18 | | the Authority, except for contributions received by the | 19 | | Chicago Transit Authority from a real estate transfer tax | 20 | | imposed under subsection (i) of Section 8-3-19 of the | 21 | | Illinois Municipal Code, and from the State pursuant to | 22 | | subsection
(i) of Section 2705-305 of the Department of | 23 | | Transportation Law (20 ILCS
2705/2705-305), and all other | 24 | | operating revenues properly included consistent
with | 25 | | generally accepted accounting principles but do not | 26 | | include: the proceeds
of any borrowings, and, beginning |
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| 1 | | with the 2007 fiscal year, all revenues and receipts, | 2 | | including but not limited to fares and grants received from | 3 | | the federal, State or any unit of local government or other | 4 | | entity, derived from providing ADA paratransit service | 5 | | pursuant to Section 2.30 of the Regional Transportation | 6 | | Authority Act. "Costs" include all items properly included | 7 | | as operating
costs consistent with generally accepted | 8 | | accounting principles, including
administrative costs, but | 9 | | do not include: depreciation; payment of principal
and | 10 | | interest on bonds, notes or
other evidences of obligation | 11 | | for borrowed money issued by the Authority;
payments with | 12 | | respect to public transportation facilities made pursuant
| 13 | | to subsection (b) of Section 2.20 of this Act; any payments | 14 | | with respect
to rate protection contracts, credit | 15 | | enhancements or liquidity agreements
made under Section | 16 | | 4.14; any other cost to which it
is reasonably expected | 17 | | that a cash expenditure
will not be made; costs for | 18 | | passenger
security including grants, contracts, personnel, | 19 | | equipment and
administrative expenses, except in the case | 20 | | of the Chicago Transit
Authority, in which case the term | 21 | | does not include costs spent annually by
that entity for | 22 | | protection against crime as required by Section 27a of the
| 23 | | Metropolitan Transit Authority Act; the payment by the | 24 | | Chicago Transit Authority of Debt Service, as defined in | 25 | | Section 12c of the Metropolitan Transit Authority Act, on | 26 | | bonds or notes issued pursuant to that Section; the payment |
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| 1 | | by the Commuter Rail Division of debt service on bonds | 2 | | issued pursuant to Section 3B.09; expenses incurred by the | 3 | | Suburban Bus Division for the cost of new public | 4 | | transportation services funded from grants pursuant to | 5 | | Section 2.01e of this amendatory Act of the 95th General | 6 | | Assembly for a period of 2 years from the date of | 7 | | initiation of each such service; costs as exempted by the | 8 | | Board for
projects pursuant to Section 2.09 of this Act; | 9 | | or, beginning with the 2007 fiscal year, expenses related | 10 | | to providing ADA paratransit service pursuant to Section | 11 | | 2.30 of the Regional Transportation Authority Act; and in | 12 | | fiscal years 2008 through 2012 inclusive, costs in the | 13 | | amount of $200,000,000 in fiscal year 2008, reducing by | 14 | | $40,000,000 in each fiscal year thereafter until this | 15 | | exemption is eliminated; and | 16 | | (ii) that the level of fares charged for ADA | 17 | | paratransit services is sufficient to cause the aggregate | 18 | | of all projected revenues from such fares charged and | 19 | | received in each fiscal year to equal at least 10% of the | 20 | | aggregate costs of providing such ADA paratransit | 21 | | services. For purposes of this Act, the percentages in this | 22 | | subsection (b)(ii) shall be referred to as the "system | 23 | | generated ADA paratransit services revenue recovery | 24 | | ratio". For purposes of the system generated ADA | 25 | | paratransit services revenue recovery ratio, "costs" shall | 26 | | include all items properly included as operating costs |
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| 1 | | consistent with generally accepted accounting principles. | 2 | | However, the Board may exclude from costs an amount that | 3 | | does not exceed the allowable "capital costs of | 4 | | contracting" for ADA paratransit services pursuant to the | 5 | | Federal Transit Administration guidelines for the | 6 | | Urbanized Area Formula Program.
| 7 | | (c) The actual administrative expenses of the Authority for | 8 | | the fiscal
year commencing January 1, 1985 may not exceed | 9 | | $5,000,000.
The actual administrative expenses of the | 10 | | Authority for the fiscal year
commencing January 1, 1986, and | 11 | | for each fiscal year thereafter shall not
exceed the maximum | 12 | | administrative expenses for the previous fiscal year plus
5%. | 13 | | "Administrative
expenses" are defined for purposes of this | 14 | | Section as all expenses except:
(1) capital expenses and | 15 | | purchases of the Authority on behalf of the Service
Boards; (2) | 16 | | payments to Service Boards; and (3) payment of principal
and | 17 | | interest on bonds, notes or other evidence of obligation for | 18 | | borrowed
money issued by the Authority; (4) costs for passenger | 19 | | security including
grants, contracts, personnel, equipment and | 20 | | administrative expenses; (5)
payments with respect to public | 21 | | transportation facilities made pursuant to
subsection (b) of | 22 | | Section 2.20 of this Act; and (6) any payments with
respect to | 23 | | rate protection contracts, credit enhancements or liquidity
| 24 | | agreements made pursuant to Section 4.14.
| 25 | | (d) This subsection applies only until the Department | 26 | | begins administering and enforcing an increased tax under |
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| 1 | | Section 4.03(m) as authorized by this amendatory Act of the | 2 | | 95th General Assembly. After withholding 15% of the proceeds of | 3 | | any tax imposed by the
Authority and 15% of money received by | 4 | | the Authority from the Regional
Transportation Authority | 5 | | Occupation and Use Tax Replacement Fund,
the Board shall | 6 | | allocate the proceeds and money remaining to the Service
Boards | 7 | | as follows: (1) an amount equal to 85% of the proceeds of those
| 8 | | taxes collected within the City of Chicago and 85% of the money | 9 | | received by
the Authority on account of transfers to the | 10 | | Regional Transportation
Authority Occupation and Use Tax | 11 | | Replacement Fund from the County and Mass
Transit District Fund | 12 | | attributable to retail sales within the City of
Chicago shall | 13 | | be allocated to the Chicago Transit
Authority; (2) an amount | 14 | | equal to 85% of the proceeds of those taxes
collected within | 15 | | Cook County outside the City of Chicago and 85% of the
money | 16 | | received by the Authority on account of transfers to the | 17 | | Regional
Transportation Authority Occupation and Use Tax | 18 | | Replacement Fund from the
County and Mass Transit District Fund | 19 | | attributable to retail sales within
Cook County outside of the | 20 | | city of Chicago shall be allocated
30% to the Chicago Transit | 21 | | Authority, 55% to the Commuter Rail Board and
15% to the | 22 | | Suburban Bus Board; and (3) an amount equal to 85% of the
| 23 | | proceeds of the taxes collected within the Counties of DuPage, | 24 | | Kane, Lake,
McHenry and Will shall be allocated 70% to the | 25 | | Commuter Rail Board and 30%
to the Suburban Bus Board.
| 26 | | (e) This subsection applies only until the Department |
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| 1 | | begins administering and enforcing an increased tax under | 2 | | Section 4.03(m) as authorized by this amendatory Act of the | 3 | | 95th General Assembly. Moneys received by the Authority on | 4 | | account of transfers to the
Regional Transportation Authority | 5 | | Occupation and Use Tax Replacement Fund
from the State and | 6 | | Local Sales Tax Reform Fund shall be
allocated among the | 7 | | Authority and the Service Boards as follows: 15% of
such moneys | 8 | | shall be retained by the Authority and the remaining 85%
shall | 9 | | be transferred to the Service Boards as soon as may be
| 10 | | practicable after the Authority receives payment. Moneys which | 11 | | are
distributable to the Service Boards pursuant to the | 12 | | preceding sentence
shall be allocated among the Service Boards | 13 | | on the basis of each Service
Board's distribution ratio. The | 14 | | term "distribution ratio" means,
for purposes of this | 15 | | subsection (e) of this Section 4.01, the ratio of
the total | 16 | | amount distributed to a Service Board pursuant to subsection | 17 | | (d)
of Section 4.01 for the immediately preceding calendar year | 18 | | to the total
amount distributed to all of the Service Boards | 19 | | pursuant to subsection (d)
of Section 4.01 for the immediately | 20 | | preceding calendar year.
| 21 | | (f) To carry out its duties and responsibilities under this | 22 | | Act,
the Board shall employ staff which shall: (1) propose for | 23 | | adoption by the Board of the Authority rules for the Service | 24 | | Boards that establish (i) forms and schedules to be used and | 25 | | information required to be provided with respect to a five-year | 26 | | capital program, annual budgets, and two-year financial plans |
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| 1 | | and regular reporting of actual results against adopted budgets | 2 | | and financial plans, (ii) financial practices to be followed in | 3 | | the budgeting and expenditure of public funds, (iii) | 4 | | assumptions and projections that must be followed in preparing | 5 | | and submitting its annual budget and two-year financial plan or | 6 | | a five-year capital program; (2) evaluate for
the Board public | 7 | | transportation programs operated or proposed by
the Service | 8 | | Boards and
transportation agencies in terms of the goals and | 9 | | objectives set out in the Strategic Plan; (3)
keep the Board | 10 | | and the public informed of the extent to which the Service | 11 | | Boards and transportation agencies are meeting the goals and | 12 | | objectives adopted by the Authority in the Strategic Plan; and | 13 | | (4) assess the efficiency or adequacy of public transportation | 14 | | services provided by a Service Board and make recommendations | 15 | | for change in that service
to the end that the moneys
available | 16 | | to the Authority may be
expended in the most economical manner | 17 | | possible with the least possible
duplication. | 18 | | (g) All
Service Boards, transportation agencies, | 19 | | comprehensive planning agencies, including the Chicago | 20 | | Metropolitan Agency for Planning, or
transportation planning | 21 | | agencies in the metropolitan region shall
furnish to the | 22 | | Authority
such information pertaining to public
transportation | 23 | | or relevant for plans therefor as it may from time to time
| 24 | | require. The Executive Director, or his or her designee, shall, | 25 | | for the purpose of
securing any such information necessary or | 26 | | appropriate to carry out any of the powers and responsibilities |
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| 1 | | of the Authority under this Act, have access to, and the right | 2 | | to examine, all
books, documents, papers or records of a | 3 | | Service Board or any transportation
agency receiving funds from | 4 | | the Authority
or Service Board, and such Service Board or | 5 | | transportation agency shall comply with any request by the | 6 | | Executive Director, or his or her designee, within 30 days or | 7 | | an extended time provided by the Executive Director.
| 8 | | (h) No Service Board shall undertake any capital | 9 | | improvement which is not identified in the Five-Year Capital | 10 | | Program.
| 11 | | (Source: P.A. 94-370, eff. 7-29-05; 95-708, eff. 1-18-08; | 12 | | 95-906, eff. 8-26-08.)
| 13 | | (70 ILCS 3615/4.03) (from Ch. 111 2/3, par. 704.03)
| 14 | | Sec. 4.03. Taxes.
| 15 | | (a) In order to carry out any of the powers or
purposes of | 16 | | the Authority, the Board may by ordinance adopted with the
| 17 | | concurrence of at least two-thirds 12
of the then Directors, | 18 | | impose throughout the
metropolitan region any or all of the | 19 | | taxes provided in this Section.
Except as otherwise provided in | 20 | | this Act, taxes imposed under this
Section and civil penalties | 21 | | imposed incident thereto shall be collected
and enforced by the | 22 | | State Department of Revenue. The Department shall
have the | 23 | | power to administer and enforce the taxes and to determine all
| 24 | | rights for refunds for erroneous payments of the taxes. Nothing | 25 | | in this amendatory Act of the 95th General Assembly is intended |
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| 1 | | to invalidate any taxes currently imposed by the Authority. The | 2 | | increased vote requirements to impose a tax shall only apply to | 3 | | actions taken after the effective date of this amendatory Act | 4 | | of the 95th General Assembly.
| 5 | | (b) The Board may impose a public transportation tax upon | 6 | | all
persons engaged in the metropolitan region in the business | 7 | | of selling at
retail motor fuel for operation of motor vehicles | 8 | | upon public highways. The
tax shall be at a rate not to exceed | 9 | | 5% of the gross receipts from the sales
of motor fuel in the | 10 | | course of the business. As used in this Act, the term
"motor | 11 | | fuel" shall have the same meaning as in the Motor Fuel Tax Law. | 12 | | The Board may provide for details of the tax. The provisions of
| 13 | | any tax shall conform, as closely as may be practicable, to the | 14 | | provisions
of the Municipal Retailers Occupation Tax Act, | 15 | | including without limitation,
conformity to penalties with | 16 | | respect to the tax imposed and as to the powers of
the State | 17 | | Department of Revenue to promulgate and enforce rules and | 18 | | regulations
relating to the administration and enforcement of | 19 | | the provisions of the tax
imposed, except that reference in the | 20 | | Act to any municipality shall refer to
the Authority and the | 21 | | tax shall be imposed only with regard to receipts from
sales of | 22 | | motor fuel in the metropolitan region, at rates as limited by | 23 | | this
Section.
| 24 | | (c) In connection with the tax imposed under paragraph (b) | 25 | | of
this Section the Board may impose a tax upon the privilege | 26 | | of using in
the metropolitan region motor fuel for the |
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| 1 | | operation of a motor vehicle
upon public highways, the tax to | 2 | | be at a rate not in excess of the rate
of tax imposed under | 3 | | paragraph (b) of this Section. The Board may
provide for | 4 | | details of the tax.
| 5 | | (d) The Board may impose a motor vehicle parking tax upon | 6 | | the
privilege of parking motor vehicles at off-street parking | 7 | | facilities in
the metropolitan region at which a fee is | 8 | | charged, and may provide for
reasonable classifications in and | 9 | | exemptions to the tax, for
administration and enforcement | 10 | | thereof and for civil penalties and
refunds thereunder and may | 11 | | provide criminal penalties thereunder, the
maximum penalties | 12 | | not to exceed the maximum criminal penalties provided
in the | 13 | | Retailers' Occupation Tax Act. The
Authority may collect and | 14 | | enforce the tax itself or by contract with
any unit of local | 15 | | government. The State Department of Revenue shall have
no | 16 | | responsibility for the collection and enforcement unless the
| 17 | | Department agrees with the Authority to undertake the | 18 | | collection and
enforcement. As used in this paragraph, the term | 19 | | "parking facility"
means a parking area or structure having | 20 | | parking spaces for more than 2
vehicles at which motor vehicles | 21 | | are permitted to park in return for an
hourly, daily, or other | 22 | | periodic fee, whether publicly or privately
owned, but does not | 23 | | include parking spaces on a public street, the use
of which is | 24 | | regulated by parking meters.
| 25 | | (e) The Board may impose a Regional Transportation | 26 | | Authority
Retailers' Occupation Tax upon all persons engaged in |
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| 1 | | the business of
selling tangible personal property at retail in | 2 | | the metropolitan region.
In Cook County the tax rate shall be | 3 | | 1.25%
of the gross receipts from sales
of food for human | 4 | | consumption that is to be consumed off the premises
where it is | 5 | | sold (other than alcoholic beverages, soft drinks and food
that | 6 | | has been prepared for immediate consumption) and prescription | 7 | | and
nonprescription medicines, drugs, medical appliances and | 8 | | insulin, urine
testing materials, syringes and needles used by | 9 | | diabetics, and 1%
of the
gross receipts from other taxable | 10 | | sales made in the course of that business.
In DuPage, Kane, | 11 | | Lake, McHenry, and Will Counties, the tax rate shall be 0.75%
| 12 | | of the gross receipts from all taxable sales made in the course | 13 | | of that
business. The tax
imposed under this Section and all | 14 | | civil penalties that may be
assessed as an incident thereof | 15 | | shall be collected and enforced by the
State Department of | 16 | | Revenue. The Department shall have full power to
administer and | 17 | | enforce this Section; to collect all taxes and penalties
so | 18 | | collected in the manner hereinafter provided; and to determine | 19 | | all
rights to credit memoranda arising on account of the | 20 | | erroneous payment
of tax or penalty hereunder. In the | 21 | | administration of, and compliance
with this Section, the | 22 | | Department and persons who are subject to this
Section shall | 23 | | have the same rights, remedies, privileges, immunities,
powers | 24 | | and duties, and be subject to the same conditions, | 25 | | restrictions,
limitations, penalties, exclusions, exemptions | 26 | | and definitions of terms,
and employ the same modes of |
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| 1 | | procedure, as are prescribed in Sections 1,
1a, 1a-1, 1c, 1d, | 2 | | 1e, 1f, 1i, 1j, 2 through 2-65 (in respect to all
provisions | 3 | | therein other than the State rate of tax), 2c, 3 (except as to
| 4 | | the disposition of taxes and penalties collected), 4, 5, 5a, | 5 | | 5b, 5c, 5d,
5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 7, 8, | 6 | | 9, 10, 11, 12 and
13 of the Retailers' Occupation Tax Act and | 7 | | Section 3-7 of the
Uniform Penalty and Interest Act, as fully | 8 | | as if those
provisions were set forth herein.
| 9 | | Persons subject to any tax imposed under the authority | 10 | | granted
in this Section may reimburse themselves for their | 11 | | seller's tax
liability hereunder by separately stating the tax | 12 | | as an additional
charge, which charge may be stated in | 13 | | combination in a single amount
with State taxes that sellers | 14 | | are required to collect under the Use
Tax Act, under any | 15 | | bracket schedules the
Department may prescribe.
| 16 | | Whenever the Department determines that a refund should be | 17 | | made under
this Section to a claimant instead of issuing a | 18 | | credit memorandum, the
Department shall notify the State | 19 | | Comptroller, who shall cause the
warrant to be drawn for the | 20 | | amount specified, and to the person named,
in the notification | 21 | | from the Department. The refund shall be paid by
the State | 22 | | Treasurer out of the Regional Transportation Authority tax
fund | 23 | | established under paragraph (n) of this Section.
| 24 | | If a tax is imposed under this subsection (e), a tax shall | 25 | | also
be imposed under subsections (f) and (g) of this Section.
| 26 | | For the purpose of determining whether a tax authorized |
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| 1 | | under this
Section is applicable, a retail sale by a producer | 2 | | of coal or other
mineral mined in Illinois, is a sale at retail | 3 | | at the place where the
coal or other mineral mined in Illinois | 4 | | is extracted from the earth.
This paragraph does not apply to | 5 | | coal or other mineral when it is
delivered or shipped by the | 6 | | seller to the purchaser at a point outside
Illinois so that the | 7 | | sale is exempt under the Federal Constitution as a
sale in | 8 | | interstate or foreign commerce.
| 9 | | No tax shall be imposed or collected under this subsection | 10 | | on the sale of a motor vehicle in this State to a resident of | 11 | | another state if that motor vehicle will not be titled in this | 12 | | State.
| 13 | | Nothing in this Section shall be construed to authorize the | 14 | | Regional
Transportation Authority to impose a tax upon the | 15 | | privilege of engaging
in any business that under the | 16 | | Constitution of the United States may
not be made the subject | 17 | | of taxation by this State.
| 18 | | (f) If a tax has been imposed under paragraph (e), a
| 19 | | Regional Transportation Authority Service Occupation
Tax shall
| 20 | | also be imposed upon all persons engaged, in the metropolitan | 21 | | region in
the business of making sales of service, who as an | 22 | | incident to making the sales
of service, transfer tangible | 23 | | personal property within the metropolitan region,
either in the | 24 | | form of tangible personal property or in the form of real | 25 | | estate
as an incident to a sale of service. In Cook County, the | 26 | | tax rate
shall be: (1) 1.25%
of the serviceman's cost price of |
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| 1 | | food prepared for
immediate consumption and transferred | 2 | | incident to a sale of service subject
to the service occupation | 3 | | tax by an entity licensed under the Hospital
Licensing Act, the | 4 | | Nursing Home Care Act, or the MR/DD Community Care Act that is | 5 | | located in the metropolitan
region; (2) 1.25%
of the selling | 6 | | price of food for human consumption that is to
be consumed off | 7 | | the premises where it is sold (other than alcoholic
beverages, | 8 | | soft drinks and food that has been prepared for immediate
| 9 | | consumption) and prescription and nonprescription medicines, | 10 | | drugs, medical
appliances and insulin, urine testing | 11 | | materials, syringes and needles used
by diabetics; and (3) 1%
| 12 | | of the selling price from other taxable sales of
tangible | 13 | | personal property transferred. In DuPage, Kane, Lake,
McHenry | 14 | | and Will Counties the rate shall be 0.75%
of the selling price
| 15 | | of all tangible personal property transferred.
| 16 | | The tax imposed under this paragraph and all civil
| 17 | | penalties that may be assessed as an incident thereof shall be | 18 | | collected
and enforced by the State Department of Revenue. The | 19 | | Department shall
have full power to administer and enforce this | 20 | | paragraph; to collect all
taxes and penalties due hereunder; to | 21 | | dispose of taxes and penalties
collected in the manner | 22 | | hereinafter provided; and to determine all
rights to credit | 23 | | memoranda arising on account of the erroneous payment
of tax or | 24 | | penalty hereunder. In the administration of and compliance
with | 25 | | this paragraph, the Department and persons who are subject to | 26 | | this
paragraph shall have the same rights, remedies, |
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| 1 | | privileges, immunities,
powers and duties, and be subject to | 2 | | the same conditions, restrictions,
limitations, penalties, | 3 | | exclusions, exemptions and definitions of terms,
and employ the | 4 | | same modes of procedure, as are prescribed in Sections 1a-1, 2,
| 5 | | 2a, 3 through 3-50 (in respect to all provisions therein other | 6 | | than the
State rate of tax), 4 (except that the reference to | 7 | | the State shall be to
the Authority), 5, 7, 8 (except that the | 8 | | jurisdiction to which the tax
shall be a debt to the extent | 9 | | indicated in that Section 8 shall be the
Authority), 9 (except | 10 | | as to the disposition of taxes and penalties
collected, and | 11 | | except that the returned merchandise credit for this tax may
| 12 | | not be taken against any State tax), 10, 11, 12 (except the | 13 | | reference
therein to Section 2b of the Retailers' Occupation | 14 | | Tax Act), 13 (except
that any reference to the State shall mean | 15 | | the Authority), the first
paragraph of Section 15, 16, 17, 18, | 16 | | 19 and 20 of the Service
Occupation Tax Act and Section 3-7 of | 17 | | the Uniform Penalty and Interest
Act, as fully as if those | 18 | | provisions were set forth herein.
| 19 | | Persons subject to any tax imposed under the authority | 20 | | granted
in this paragraph may reimburse themselves for their | 21 | | serviceman's tax
liability hereunder by separately stating the | 22 | | tax as an additional
charge, that charge may be stated in | 23 | | combination in a single amount
with State tax that servicemen | 24 | | are authorized to collect under the
Service Use Tax Act, under | 25 | | any bracket schedules the
Department may prescribe.
| 26 | | Whenever the Department determines that a refund should be |
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| 1 | | made under
this paragraph to a claimant instead of issuing a | 2 | | credit memorandum, the
Department shall notify the State | 3 | | Comptroller, who shall cause the
warrant to be drawn for the | 4 | | amount specified, and to the person named
in the notification | 5 | | from the Department. The refund shall be paid by
the State | 6 | | Treasurer out of the Regional Transportation Authority tax
fund | 7 | | established under paragraph (n) of this Section.
| 8 | | Nothing in this paragraph shall be construed to authorize | 9 | | the
Authority to impose a tax upon the privilege of engaging in | 10 | | any business
that under the Constitution of the United States | 11 | | may not be made the
subject of taxation by the State.
| 12 | | (g) If a tax has been imposed under paragraph (e), a tax | 13 | | shall
also be imposed upon the privilege of using in the | 14 | | metropolitan region,
any item of tangible personal property | 15 | | that is purchased outside the
metropolitan region at retail | 16 | | from a retailer, and that is titled or
registered with an | 17 | | agency of this State's government. In Cook County the
tax rate | 18 | | shall be 1%
of the selling price of the tangible personal | 19 | | property,
as "selling price" is defined in the Use Tax Act. In | 20 | | DuPage, Kane, Lake,
McHenry and Will counties the tax rate | 21 | | shall be 0.75%
of the selling price of
the tangible personal | 22 | | property, as "selling price" is defined in the
Use Tax Act. The | 23 | | tax shall be collected from persons whose Illinois
address for | 24 | | titling or registration purposes is given as being in the
| 25 | | metropolitan region. The tax shall be collected by the | 26 | | Department of
Revenue for the Regional Transportation |
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| 1 | | Authority. The tax must be paid
to the State, or an exemption | 2 | | determination must be obtained from the
Department of Revenue, | 3 | | before the title or certificate of registration for
the | 4 | | property may be issued. The tax or proof of exemption may be
| 5 | | transmitted to the Department by way of the State agency with | 6 | | which, or the
State officer with whom, the tangible personal | 7 | | property must be titled or
registered if the Department and the | 8 | | State agency or State officer
determine that this procedure | 9 | | will expedite the processing of applications
for title or | 10 | | registration.
| 11 | | The Department shall have full power to administer and | 12 | | enforce this
paragraph; to collect all taxes, penalties and | 13 | | interest due hereunder;
to dispose of taxes, penalties and | 14 | | interest collected in the manner
hereinafter provided; and to | 15 | | determine all rights to credit memoranda or
refunds arising on | 16 | | account of the erroneous payment of tax, penalty or
interest | 17 | | hereunder. In the administration of and compliance with this
| 18 | | paragraph, the Department and persons who are subject to this | 19 | | paragraph
shall have the same rights, remedies, privileges, | 20 | | immunities, powers and
duties, and be subject to the same | 21 | | conditions, restrictions,
limitations, penalties, exclusions, | 22 | | exemptions and definitions of terms
and employ the same modes | 23 | | of procedure, as are prescribed in Sections 2
(except the | 24 | | definition of "retailer maintaining a place of business in this
| 25 | | State"), 3 through 3-80 (except provisions pertaining to the | 26 | | State rate
of tax, and except provisions concerning collection |
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| 1 | | or refunding of the tax
by retailers), 4, 11, 12, 12a, 14, 15, | 2 | | 19 (except the portions pertaining
to claims by retailers and | 3 | | except the last paragraph concerning refunds),
20, 21 and 22 of | 4 | | the Use Tax Act, and are not inconsistent with this
paragraph, | 5 | | as fully as if those provisions were set forth herein.
| 6 | | Whenever the Department determines that a refund should be | 7 | | made under
this paragraph to a claimant instead of issuing a | 8 | | credit memorandum, the
Department shall notify the State | 9 | | Comptroller, who shall cause the order
to be drawn for the | 10 | | amount specified, and to the person named in the
notification | 11 | | from the Department. The refund shall be paid by the State
| 12 | | Treasurer out of the Regional Transportation Authority tax fund
| 13 | | established under paragraph (n) of this Section.
| 14 | | (h) The Authority may impose a replacement vehicle tax of | 15 | | $50 on any
passenger car as defined in Section 1-157 of the | 16 | | Illinois Vehicle Code
purchased within the metropolitan region | 17 | | by or on behalf of an
insurance company to replace a passenger | 18 | | car of
an insured person in settlement of a total loss claim. | 19 | | The tax imposed
may not become effective before the first day | 20 | | of the month following the
passage of the ordinance imposing | 21 | | the tax and receipt of a certified copy
of the ordinance by the | 22 | | Department of Revenue. The Department of Revenue
shall collect | 23 | | the tax for the Authority in accordance with Sections 3-2002
| 24 | | and 3-2003 of the Illinois Vehicle Code.
| 25 | | The Department shall immediately pay over to the State | 26 | | Treasurer,
ex officio, as trustee, all taxes collected |
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| 1 | | hereunder. | 2 | | As soon as possible after the first day of each month, | 3 | | beginning January 1, 2011, upon certification of the Department | 4 | | of Revenue, the Comptroller shall order transferred, and the | 5 | | Treasurer shall transfer, to the STAR Bonds Revenue Fund the | 6 | | local sales tax increment, as defined in the Innovation | 7 | | Development and Economy Act, collected under this Section | 8 | | during the second preceding calendar month for sales within a | 9 | | STAR bond district. | 10 | | After the monthly transfer to the STAR Bonds Revenue Fund, | 11 | | on
or before the 25th day of each calendar month, the | 12 | | Department shall
prepare and certify to the Comptroller the | 13 | | disbursement of stated sums
of money to the Authority. The | 14 | | amount to be paid to the Authority shall be
the amount | 15 | | collected hereunder during the second preceding calendar month
| 16 | | by the Department, less any amount determined by the Department | 17 | | to be
necessary for the payment of refunds, and less any | 18 | | amounts that are transferred to the STAR Bonds Revenue Fund. | 19 | | Within 10 days after receipt by the
Comptroller of the | 20 | | disbursement certification to the Authority provided
for in | 21 | | this Section to be given to the Comptroller by the Department, | 22 | | the
Comptroller shall cause the orders to be drawn for that | 23 | | amount in
accordance with the directions contained in the | 24 | | certification.
| 25 | | (i) The Board may not impose any other taxes except as it | 26 | | may from
time to time be authorized by law to impose.
|
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| 1 | | (j) A certificate of registration issued by the State | 2 | | Department of
Revenue to a retailer under the Retailers' | 3 | | Occupation Tax Act or under the
Service Occupation Tax Act | 4 | | shall permit the registrant to engage in a
business that is | 5 | | taxed under the tax imposed under paragraphs
(b), (e), (f) or | 6 | | (g) of this Section and no additional registration
shall be | 7 | | required under the tax. A certificate issued under the
Use Tax | 8 | | Act or the Service Use Tax Act shall be applicable with regard | 9 | | to
any tax imposed under paragraph (c) of this Section.
| 10 | | (k) The provisions of any tax imposed under paragraph (c) | 11 | | of
this Section shall conform as closely as may be practicable | 12 | | to the
provisions of the Use Tax Act, including
without | 13 | | limitation conformity as to penalties with respect to the tax
| 14 | | imposed and as to the powers of the State Department of Revenue | 15 | | to
promulgate and enforce rules and regulations relating to the
| 16 | | administration and enforcement of the provisions of the tax | 17 | | imposed.
The taxes shall be imposed only on use within the | 18 | | metropolitan region
and at rates as provided in the paragraph.
| 19 | | (l) The Board in imposing any tax as provided in paragraphs | 20 | | (b)
and (c) of this Section, shall, after seeking the advice of | 21 | | the State
Department of Revenue, provide means for retailers, | 22 | | users or purchasers
of motor fuel for purposes other than those | 23 | | with regard to which the
taxes may be imposed as provided in | 24 | | those paragraphs to receive refunds
of taxes improperly paid, | 25 | | which provisions may be at variance with the
refund provisions | 26 | | as applicable under the Municipal Retailers
Occupation Tax Act. |
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| 1 | | The State Department of Revenue may provide for
certificates of | 2 | | registration for users or purchasers of motor fuel for purposes
| 3 | | other than those with regard to which taxes may be imposed as | 4 | | provided in
paragraphs (b) and (c) of this Section to | 5 | | facilitate the reporting and
nontaxability of the exempt sales | 6 | | or uses.
| 7 | | (m) Any ordinance imposing or discontinuing any tax under | 8 | | this Section shall
be adopted and a certified copy thereof | 9 | | filed with the Department on or before
June 1, whereupon the | 10 | | Department of Revenue shall proceed to administer and
enforce | 11 | | this Section on behalf of the Regional Transportation Authority | 12 | | as of
September 1 next following such adoption and filing.
| 13 | | Beginning January 1, 1992, an ordinance or resolution imposing | 14 | | or
discontinuing the tax hereunder shall be adopted and a | 15 | | certified copy
thereof filed with the Department on or before | 16 | | the first day of July,
whereupon the Department shall proceed | 17 | | to administer and enforce this
Section as of the first day of | 18 | | October next following such adoption and
filing. Beginning | 19 | | January 1, 1993, an ordinance or resolution imposing, | 20 | | increasing, decreasing, or
discontinuing the tax hereunder | 21 | | shall be adopted and a certified copy
thereof filed with the | 22 | | Department,
whereupon the Department shall proceed to | 23 | | administer and enforce this
Section as of the first day of the | 24 | | first month to occur not less than 60 days
following such | 25 | | adoption and filing. Any ordinance or resolution of the | 26 | | Authority imposing a tax under this Section and in effect on |
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| 1 | | August 1, 2007 shall remain in full force and effect and shall | 2 | | be administered by the Department of Revenue under the terms | 3 | | and conditions and rates of tax established by such ordinance | 4 | | or resolution until the Department begins administering and | 5 | | enforcing an increased tax under this Section as authorized by | 6 | | this amendatory Act of the 95th General Assembly. The tax rates | 7 | | authorized by this amendatory Act of the 95th General Assembly | 8 | | are effective only if imposed by ordinance of the Authority.
| 9 | | (n) The State Department of Revenue shall, upon collecting | 10 | | any taxes
as provided in this Section, pay the taxes over to | 11 | | the State Treasurer
as trustee for the Authority. The taxes | 12 | | shall be held in a trust fund
outside the State Treasury. On or | 13 | | before the 25th day of each calendar
month, the State | 14 | | Department of Revenue shall prepare and certify to the
| 15 | | Comptroller of the State of Illinois and
to the Authority (i) | 16 | | the
amount of taxes collected in each County other than Cook | 17 | | County in the
metropolitan region, (ii)
the amount of taxes | 18 | | collected within the City
of Chicago,
and (iii) the amount | 19 | | collected in that portion
of Cook County outside of Chicago, | 20 | | each amount less the amount necessary for the payment
of | 21 | | refunds to taxpayers located in those areas described in items | 22 | | (i), (ii), and (iii).
Within 10 days after receipt by the | 23 | | Comptroller of the certification of
the amounts, the | 24 | | Comptroller shall cause an
order to be drawn for the payment of | 25 | | two-thirds of the amounts certified in item (i) of this | 26 | | subsection to the Authority and one-third of the amounts |
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| 1 | | certified in item (i) of this subsection to the respective | 2 | | counties other than Cook County and the amount certified in | 3 | | items (ii) and (iii) of this subsection to the Authority.
| 4 | | In addition to the disbursement required by the preceding | 5 | | paragraph, an
allocation shall be made in July 1991 and each | 6 | | year thereafter to the
Regional Transportation Authority. The | 7 | | allocation shall be made in an
amount equal to the average | 8 | | monthly distribution during the preceding
calendar year | 9 | | (excluding the 2 months of lowest receipts) and the
allocation | 10 | | shall include the amount of average monthly distribution from
| 11 | | the Regional Transportation Authority Occupation and Use Tax | 12 | | Replacement
Fund. The distribution made in July 1992 and each | 13 | | year thereafter under
this paragraph and the preceding | 14 | | paragraph shall be reduced by the amount
allocated and | 15 | | disbursed under this paragraph in the preceding calendar
year. | 16 | | The Department of Revenue shall prepare and certify to the
| 17 | | Comptroller for disbursement the allocations made in | 18 | | accordance with this
paragraph.
| 19 | | (o) Failure to adopt a budget ordinance or otherwise to | 20 | | comply with
Section 4.01 of this Act or to adopt a Five-year | 21 | | Capital Program or otherwise to
comply with paragraph (b) of | 22 | | Section 2.01 of this Act shall not affect
the validity of any | 23 | | tax imposed by the Authority otherwise in conformity
with law.
| 24 | | (p) At no time shall a public transportation tax or motor | 25 | | vehicle
parking tax authorized under paragraphs (b), (c) and | 26 | | (d) of this Section
be in effect at the same time as any |
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| 1 | | retailers' occupation, use or
service occupation tax | 2 | | authorized under paragraphs (e), (f) and (g) of
this Section is | 3 | | in effect.
| 4 | | Any taxes imposed under the authority provided in | 5 | | paragraphs (b), (c)
and (d) shall remain in effect only until | 6 | | the time as any tax
authorized by paragraphs (e), (f) or (g) of | 7 | | this Section are imposed and
becomes effective. Once any tax | 8 | | authorized by paragraphs (e), (f) or (g)
is imposed the Board | 9 | | may not reimpose taxes as authorized in paragraphs
(b), (c) and | 10 | | (d) of the Section unless any tax authorized by
paragraphs (e), | 11 | | (f) or (g) of this Section becomes ineffective by means
other | 12 | | than an ordinance of the Board.
| 13 | | (q) Any existing rights, remedies and obligations | 14 | | (including
enforcement by the Regional Transportation | 15 | | Authority) arising under any
tax imposed under paragraphs (b), | 16 | | (c) or (d) of this Section shall not
be affected by the | 17 | | imposition of a tax under paragraphs (e), (f) or (g)
of this | 18 | | Section.
| 19 | | (Source: P.A. 95-708, eff. 1-18-08; 96-339, eff. 7-1-10; | 20 | | 96-939, eff. 6-24-10.)
| 21 | | (70 ILCS 3615/4.11) (from Ch. 111 2/3, par. 704.11)
| 22 | | Sec. 4.11. Budget Review Powers.
| 23 | | (a) Based
upon estimates which shall be given to the | 24 | | Authority by the Director of
the
Governor's Office of | 25 | | Management and Budget (formerly
Bureau of the Budget) of the |
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| 1 | | receipts to be received by the
Authority from the taxes imposed
| 2 | | by the Authority and the authorized estimates of amounts
to be | 3 | | available from State and other sources to the Service Boards, | 4 | | and
the times at which such receipts and amounts will be | 5 | | available, the Board
shall, not later than the next preceding | 6 | | September 15th prior to the beginning
of the Authority's next | 7 | | fiscal year,
advise each Service Board of the amounts estimated | 8 | | by the Board to be available
for such Service Board during such | 9 | | fiscal year and the two following fiscal
years and the times at | 10 | | which such amounts will be available. The Board
shall, at the | 11 | | same time, also advise each Service Board of its required
| 12 | | system generated revenues recovery ratio for the next fiscal | 13 | | year which
shall be the percentage of the aggregate costs of | 14 | | providing public
transportation by or under jurisdiction of | 15 | | that Service Board which must be
recovered from system | 16 | | generated revenues. The Board shall, at the same time, | 17 | | beginning with the 2007 fiscal year, also advise each Service | 18 | | Board that provides ADA paratransit services of its required | 19 | | system generated ADA paratransit services revenue recovery | 20 | | ratio for the next fiscal year which shall be the percentage of | 21 | | the aggregate costs of providing ADA paratransit services by or | 22 | | under jurisdiction of that Service Board which must be | 23 | | recovered from fares charged for such services, except that | 24 | | such required system generated ADA paratransit services | 25 | | revenue recovery ratio shall not exceed the minimum percentage | 26 | | established pursuant to Section 4.01(b)(ii) of this Act. In |
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| 1 | | determining
a Service Board's system generated revenue | 2 | | recovery ratio, the Board shall
consider the historical system | 3 | | generated revenues recovery ratio for the
services subject to | 4 | | the jurisdiction of that
Service Board. The Board shall not | 5 | | increase a Service Board's system generated
revenues recovery | 6 | | ratio for the next fiscal year over such ratio for the
current | 7 | | fiscal year disproportionately or prejudicially to increases | 8 | | in
such ratios for other Service Boards. The Board may, by | 9 | | ordinance,
provide that (i) the cost of research and | 10 | | development projects in the
fiscal year beginning January 1, | 11 | | 1986 and ending December 31, 1986
conducted pursuant to Section | 12 | | 2.09 of this Act, (ii) the costs for passenger security, and | 13 | | (iii) expenditures of amounts granted to a Service Board from | 14 | | the Innovation, Coordination, and Enhancement Fund for | 15 | | operating purposes may be exempted from the
farebox recovery | 16 | | ratio or the system generated revenues recovery ratio of
the | 17 | | Chicago Transit Authority, the Suburban Bus Board, and the | 18 | | Commuter
Rail Board, or any of them. During fiscal years 2008 | 19 | | through 2012, the Board may also allocate the exemption of | 20 | | $200,000,000 and the reducing amounts of costs provided by this | 21 | | amendatory Act of the 95th General Assembly from the farebox | 22 | | recovery ratio or system generated revenues recovery ratio of | 23 | | each Service Board.
| 24 | | (b)(1) Not later than the next preceding November 15 prior | 25 | | to the
commencement of such fiscal year, each Service Board | 26 | | shall submit to the
Authority its proposed budget for such |
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| 1 | | fiscal year and its proposed
financial plan for the two | 2 | | following fiscal years. Such budget and
financial plan shall | 3 | | (i) be prepared in the format, follow the financial and | 4 | | budgetary practices, and be based on any assumptions and | 5 | | projections required by the Authority and (ii) not project or | 6 | | assume a receipt of revenues from the
Authority in amounts | 7 | | greater than those set forth in the estimates provided
by the | 8 | | Authority pursuant to subsection (a) of this Section.
| 9 | | (2) The Board shall review the proposed budget and two-year
| 10 | | financial plan submitted
by each Service Board. The Board shall | 11 | | approve the budget and two-year financial plan of a Service | 12 | | Board if:
| 13 | | (i)
such budget and plan show a balance between (A) | 14 | | anticipated revenues
from all sources including operating | 15 | | subsidies and (B) the costs of providing
the services | 16 | | specified and of funding any operating deficits or | 17 | | encumbrances
incurred in prior periods, including | 18 | | provision for payment when due of
principal and interest on | 19 | | outstanding indebtedness;
| 20 | | (ii)
such budget and plan show cash balances including | 21 | | the proceeds of
any anticipated cash flow borrowing | 22 | | sufficient to pay with reasonable
promptness all costs and | 23 | | expenses as incurred;
| 24 | | (iii)
such budget and plan provide for a level of fares | 25 | | or charges and
operating or administrative costs for the | 26 | | public transportation provided
by or subject to the |
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| 1 | | jurisdiction of such Service Board sufficient to allow
the | 2 | | Service Board to meet its required system generated revenue | 3 | | recovery ratio and, beginning with the 2007 fiscal year, | 4 | | system generated ADA paratransit services revenue recovery | 5 | | ratio;
| 6 | | (iv)
such budget and plan are based upon and employ | 7 | | assumptions and
projections which are reasonable and | 8 | | prudent;
| 9 | | (v)
such budget and plan have been prepared in | 10 | | accordance with sound
financial practices as determined by | 11 | | the Board;
| 12 | | (vi)
such budget and plan meet such other financial, | 13 | | budgetary, or fiscal
requirements that the Board may by | 14 | | rule or regulation establish; and
| 15 | | (vii) such budget and plan are consistent with the | 16 | | goals and objectives adopted by the Authority in the | 17 | | Strategic Plan.
| 18 | | (3) (Blank).
| 19 | | (4) Unless the Board by an affirmative vote of at least | 20 | | two-thirds 12
of the then Directors
determines that the budget | 21 | | and financial plan of a Service Board meets the
criteria | 22 | | specified in clauses (i)
through (vii) of subparagraph (2) of
| 23 | | this paragraph (b), the Board shall withhold from that Service | 24 | | Board 25% of
the cash proceeds of taxes imposed by the | 25 | | Authority under Section 4.03
and Section 4.03.1 and received | 26 | | after February 1 and 25% of the amounts transferred to the |
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| 1 | | Authority from the Public Transportation Fund under Section | 2 | | 4.09(a) (but not including Section 4.09(a)(3)(iv)) after | 3 | | February 1 that the Board has estimated to be available to that | 4 | | Service Board under Section 4.11(a). Such funding shall be | 5 | | released to the Service Board only upon approval of a budget | 6 | | and financial plan under this Section or adoption of a budget | 7 | | and financial plan on behalf of the Service Board by the | 8 | | Authority.
| 9 | | (5) If the Board has not found that the budget and | 10 | | financial plan of a
Service Board meets the criteria specified | 11 | | in clauses (i) through (vii)
of subparagraph (2) of this | 12 | | paragraph (b), the Board, by the affirmative vote of at least | 13 | | two-thirds 12 of its then Directors, shall
adopt a budget and
| 14 | | financial plan meeting such criteria for that Service Board.
| 15 | | (c)(1) If the Board shall at any time have received a
| 16 | | revised estimate, or revises any estimate the Board has made, | 17 | | pursuant to
this Section of the receipts to be collected by the | 18 | | Authority which, in
the judgment of the Board, requires a | 19 | | change in the estimates on which the
budget of any Service | 20 | | Board is based, the Board shall advise the affected
Service | 21 | | Board of such revised estimates, and such Service Board shall | 22 | | within
30 days after receipt of such advice submit a revised | 23 | | budget incorporating
such revised estimates. If the revised | 24 | | estimates require, in the judgment
of the Board, that the | 25 | | system generated revenues recovery ratio of one or
more Service | 26 | | Boards be revised in order to allow the Authority to meet its
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| 1 | | required ratio, the Board shall advise any such Service Board | 2 | | of its revised
ratio and such Service Board shall within 30 | 3 | | days after receipt of such
advice submit a revised budget | 4 | | incorporating such revised estimates or ratio.
| 5 | | (2) Each Service Board shall, within such period after the | 6 | | end of each
fiscal quarter as shall be specified by the Board, | 7 | | report to the Authority
its financial condition and results of | 8 | | operations and the financial condition
and results of | 9 | | operations of the public transportation services subject
to its | 10 | | jurisdiction, as at the end of and for such quarter. If in the | 11 | | judgment
of the Board such condition and results are not | 12 | | substantially in accordance
with such Service Board's budget | 13 | | for such period, the Board shall so advise
such Service Board | 14 | | and such Service Board shall within the period specified
by the | 15 | | Board submit a revised budget incorporating such results.
| 16 | | (3) If the Board shall determine that a revised budget | 17 | | submitted by a
Service Board pursuant to subparagraph (1) or | 18 | | (2) of this paragraph (c)
does not meet the criteria specified | 19 | | in clauses (i)
through (vii) of
subparagraph
(2) of paragraph | 20 | | (b) of this Section, the Board shall withhold from that Service | 21 | | Board 25% of the cash proceeds of taxes imposed by the | 22 | | Authority
under Section 4.03 or 4.03.1 and received by the | 23 | | Authority after February 1 and 25% of the amounts transferred | 24 | | to the Authority from the Public Transportation Fund under | 25 | | Section 4.09(a) (but not including Section 4.09(a)(3)(iv)) | 26 | | after February 1 that the Board has estimated to be available |
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| 1 | | to that Service Board under
Section 4.11(a). If the Service | 2 | | Board submits a revised financial plan and
budget which plan | 3 | | and budget shows that the criteria will be met within
a four | 4 | | quarter period, the Board shall release any such withheld funds | 5 | | to the
Service Board. The Board by the affirmative vote of at | 6 | | least two-thirds 12
of its then Directors may
require a Service | 7 | | Board to submit a revised financial plan and budget which
shows | 8 | | that the criteria will be met in a time period less than four | 9 | | quarters.
| 10 | | (d) All budgets and financial plans, financial statements, | 11 | | audits and
other information presented to the Authority | 12 | | pursuant to this Section or
which may be required by the Board | 13 | | to permit it to monitor compliance with
the provisions of this | 14 | | Section shall be prepared and presented in such
manner and | 15 | | frequency and in such detail as shall have been prescribed by
| 16 | | the Board, shall be prepared on both an accrual and cash flow | 17 | | basis as
specified by the Board, shall present such information | 18 | | as the Authority shall prescribe that fairly presents the | 19 | | condition of any pension plan or trust for health care benefits | 20 | | with respect to retirees established by the Service Board and | 21 | | describes the plans of the Service Board to meet the | 22 | | requirements of Sections 4.02a and 4.02b, and shall identify | 23 | | and describe the assumptions and
projections employed in the | 24 | | preparation
thereof to the extent required by the Board. If the | 25 | | Executive Director certifies that a Service Board has not | 26 | | presented its budget and two-year financial plan in conformity |
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| 1 | | with the rules adopted by the Authority under the provisions of | 2 | | Section 4.01(f) and this subsection (d), and such certification | 3 | | is accepted by the affirmative vote of at least two-thirds 12 | 4 | | of the then Directors of the Authority, the Authority shall not | 5 | | distribute to that Service Board any funds for operating | 6 | | purposes in excess of the amounts distributed for such purposes | 7 | | to the Service Board in the previous fiscal year. Except when | 8 | | the Board adopts
a budget and a financial plan for a Service | 9 | | Board under paragraph (b)(5),
a Service Board shall provide for | 10 | | such levels of transportation services
and fares or charges | 11 | | therefor as it deems appropriate and necessary in the
| 12 | | preparation of a budget and financial plan meeting the criteria | 13 | | set forth
in clauses (i)
through (vii) of subparagraph (2) of | 14 | | paragraph (b) of this
Section. The Authority
shall have access | 15 | | to and the right to examine and copy
all books, documents, | 16 | | papers, records, or other source data of a Service
Board | 17 | | relevant to any information submitted pursuant to this Section.
| 18 | | (e) Whenever this Section requires the Board to make | 19 | | determinations with
respect to estimates, budgets or financial | 20 | | plans, or rules or regulations
with respect thereto such | 21 | | determinations shall be made upon the affirmative
vote of at | 22 | | least two-thirds 12
of the then Directors and shall be | 23 | | incorporated in a
written report of the Board and such report | 24 | | shall be submitted within 10
days after such determinations are | 25 | | made to
the Governor, the Mayor of Chicago (if such | 26 | | determinations relate to the
Chicago Transit Authority), and |
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| 1 | | the Auditor General of Illinois.
| 2 | | (Source: P.A. 94-370, eff. 7-29-05; 95-708, eff. 1-18-08.)
| 3 | | (70 ILCS 3615/4.14) (from Ch. 111 2/3, par. 704.14)
| 4 | | Sec. 4.14. Rate Protection Contract. "Rate Protection | 5 | | Contract" means
interest rate price exchange agreements; | 6 | | currency exchange agreements;
forward payment conversion | 7 | | agreements; contracts providing for payment or
receipt of funds | 8 | | based on levels of, or changes in, interest rates,
currency | 9 | | exchange rates, stock or other indices; contracts to exchange | 10 | | cash
flows or a series of payments; contracts, including | 11 | | without limitation,
interest rate caps; interest rate floor; | 12 | | interest rate locks; interest rate
collars; rate of return | 13 | | guarantees or assurances, to manage payment,
currency, rate, | 14 | | spread or similar exposure; the obligation, right, or
option to | 15 | | issue, put, lend, sell, grant a security interest in, buy, | 16 | | borrow
or otherwise acquire, a bond, note or other security or | 17 | | interest therein as
an investment, as collateral, as a hedge, | 18 | | or otherwise as a source or
assurance of payment to or by the | 19 | | Authority or as a reduction of the
Authority's or an obligor's | 20 | | risk exposure; repurchase agreements;
securities lending | 21 | | agreements; and other agreements or arrangements similar
to the | 22 | | foregoing.
| 23 | | Notwithstanding any provision in Section 2.20 (a) (ii) of | 24 | | this Act to the
contrary, in connection with or incidental to | 25 | | the issuance by the Authority
of its bonds or notes under the |
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| 1 | | provisions of Section 4.04 or the exercise
of its powers under | 2 | | subsection (b) of Section 2.20, the Authority, for its
own | 3 | | benefit or for the benefit of the holders
of its obligations or | 4 | | their trustee, may enter into rate protection
contracts. The | 5 | | Authority may enter into rate protection contracts only
| 6 | | pursuant to a determination by a vote of at least two-thirds 12
| 7 | | of the then Directors that the
terms of the contracts and any | 8 | | related agreements reduce the risk of loss
to the Authority, or | 9 | | protect, preserve or enhance the value of its assets,
or | 10 | | provide compensation to the Authority for losses resulting from | 11 | | changes
in interest rates. The Authority's obligations
under | 12 | | any rate protection contract or credit enhancement or liquidity
| 13 | | agreement shall not be considered bonds or notes for purposes | 14 | | of this Act.
For purposes of this Section a rate protection | 15 | | contract is a contract
determined by the Authority as necessary | 16 | | or appropriate to permit it to
manage payment, currency or | 17 | | interest rate risks or levels.
| 18 | | (Source: P.A. 95-708, eff. 1-18-08.)
| 19 | | Section 99. Effective date. This Act takes effect upon | 20 | | becoming law.
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