Full Text of HB1663 94th General Assembly
HB1663enr 94TH GENERAL ASSEMBLY
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| AN ACT concerning local government.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Regional Transportation Authority Act is | 5 |
| amended by changing Sections 3A.08, 3A.09, 3A.10, 4.01, 4.09 | 6 |
| and 4.11 and by adding Section 2.30 as follows: | 7 |
| (70 ILCS 3615/2.30 new) | 8 |
| Sec. 2.30. Paratransit services. | 9 |
| (a) For purposes of this Act, "ADA paratransit services" | 10 |
| shall mean those comparable or specialized transportation | 11 |
| services provided by, or under grant or purchase of service | 12 |
| contracts of, the Service Boards to individuals with | 13 |
| disabilities who are unable to use fixed route transportation | 14 |
| systems and who are determined to be eligible, for some or all | 15 |
| of their trips, for such services under the Americans with | 16 |
| Disabilities Act of 1990 and its implementing regulations. | 17 |
| (b) Beginning July 1, 2005, the Authority is responsible | 18 |
| for the funding, financial review and oversight of all ADA | 19 |
| paratransit services that are provided by the Authority or by | 20 |
| any of the Service Boards. The Suburban Bus Board shall operate | 21 |
| or provide for the operation of all ADA paratransit services by | 22 |
| no later than July 1, 2006, except that this date may be | 23 |
| extended to the extent necessary to obtain approval from the | 24 |
| Federal Transit Administration of the plan prepared pursuant to | 25 |
| subsection (c). | 26 |
| (c) No later than January 1, 2006, the Authority, in | 27 |
| collaboration with the Suburban Bus Board and the Chicago | 28 |
| Transit Authority, shall develop a plan for the provision of | 29 |
| ADA paratransit services and submit such plan to the Federal | 30 |
| Transit Administration for approval. Approval of such plan by | 31 |
| the Authority shall require the affirmative votes of 9 of the | 32 |
| then Directors. The Suburban Bus Board, the Chicago Transit |
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| Authority and the Authority shall comply with the requirements | 2 |
| of the Americans with Disabilities Act of 1990 and its | 3 |
| implementing regulations in developing and approving such plan | 4 |
| including, without limitation, consulting with individuals | 5 |
| with disabilities and groups representing them in the | 6 |
| community, and providing adequate opportunity for public | 7 |
| comment and public hearings. The plan shall include the | 8 |
| contents required for a paratransit plan pursuant to the | 9 |
| Americans with Disabilities Act of 1990 and its implementing | 10 |
| regulations. The plan shall also include, without limitation, | 11 |
| provisions to: | 12 |
| (1) maintain, at a minimum, the levels of ADA | 13 |
| paratransit service that are required to be provided by the | 14 |
| Service Boards pursuant to the Americans with Disabilities | 15 |
| Act of 1990 and its implementing regulations; | 16 |
| (2) transfer the appropriate ADA paratransit services, | 17 |
| management, personnel, service contracts and assets from | 18 |
| the Chicago Transit Authority to the Authority or the | 19 |
| Suburban Bus Board, as necessary, by no later than July 1, | 20 |
| 2006, except that this date may be extended to the extent | 21 |
| necessary to obtain approval from the Federal Transit | 22 |
| Administration of the plan prepared pursuant to this | 23 |
| subsection (c); | 24 |
| (3) provide for consistent policies throughout the | 25 |
| metropolitan region for scheduling of ADA paratransit | 26 |
| service trips to and from destinations, with consideration | 27 |
| of scheduling of return trips on a "will-call" open-ended | 28 |
| basis upon request of the rider, if practicable, and with | 29 |
| consideration of an increased number of trips available by | 30 |
| subscription service than are available as of the effective | 31 |
| date of this amendatory Act; | 32 |
| (4) provide that service contracts and rates, entered | 33 |
| into or set after the approval by the Federal Transit | 34 |
| Administration of the plan prepared pursuant to subsection | 35 |
| (c) of this Section, with private carriers and taxicabs for | 36 |
| ADA paratransit service are procured by means of an open |
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| procurement process; | 2 |
| (5) provide for fares, fare collection and billing | 3 |
| procedures for ADA paratransit services throughout the | 4 |
| metropolitan region; | 5 |
| (6) provide for performance standards for all ADA | 6 |
| paratransit service transportation carriers, with | 7 |
| consideration of door-to-door service; | 8 |
| (7) provide, in cooperation with the Illinois | 9 |
| Department of Transportation, the Illinois Department of | 10 |
| Public Aid and other appropriate public agencies and | 11 |
| private entities, for the application and receipt of | 12 |
| grants, including, without limitation, reimbursement from | 13 |
| Medicaid or other programs for ADA paratransit services; | 14 |
| (8) provide for a system of dispatch of ADA paratransit | 15 |
| services transportation carriers throughout the | 16 |
| metropolitan region, with consideration of county-based | 17 |
| dispatch systems already in place as of the effective date | 18 |
| of this amendatory Act; | 19 |
| (9) provide for a process of determining eligibility | 20 |
| for ADA paratransit services that complies with the | 21 |
| Americans with Disabilities Act of 1990 and its | 22 |
| implementing regulations; | 23 |
| (10) provide for consideration of innovative methods | 24 |
| to provide and fund ADA paratransit services; and | 25 |
| (11) provide for the creation of one or more ADA | 26 |
| advisory boards, or the reconstitution of the existing ADA | 27 |
| advisory boards for the Service Boards, to represent the | 28 |
| diversity of individuals with disabilities in the | 29 |
| metropolitan region and to provide appropriate ongoing | 30 |
| input from individuals with disabilities into the | 31 |
| operation of ADA paratransit services.
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| (d) All revisions and annual updates to the ADA paratransit | 33 |
| services plan developed pursuant to subsection (c) of this | 34 |
| Section, or certifications of continued compliance in lieu of | 35 |
| plan updates, that are required to be provided to the Federal | 36 |
| Transit Administration shall be developed by the Authority, in |
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| 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 9 of the then Directors. | 7 |
| (e) The Illinois Department of Transportation, the | 8 |
| Illinois Department of Public Aid, the Authority, the Suburban | 9 |
| Bus Board and the Chicago Transit Authority shall enter into | 10 |
| intergovernmental agreements as may be necessary to provide | 11 |
| funding and accountability for, and implementation of, the | 12 |
| requirements of this Section. | 13 |
| (f) By no later than April 1, 2007, the Authority shall | 14 |
| develop and submit to the General Assembly and the Governor a | 15 |
| funding plan for ADA paratransit services. Approval of such | 16 |
| plan by the Authority shall require the affirmative votes of 9 | 17 |
| of the then Directors. The funding plan shall, at a minimum, | 18 |
| contain an analysis of the current costs of providing ADA | 19 |
| paratransit services, projections of the long-term costs of | 20 |
| providing ADA paratransit services, identification of and | 21 |
| recommendations for possible cost efficiencies in providing | 22 |
| ADA paratransit services, and identification of and | 23 |
| recommendations for possible funding sources for providing ADA | 24 |
| paratransit services. The Illinois Department of | 25 |
| Transportation, the Illinois Department of Public Aid, the | 26 |
| Suburban Bus Board, the Chicago Transit Authority and other | 27 |
| State and local public agencies as appropriate shall cooperate | 28 |
| with the Authority in the preparation of such funding plan. | 29 |
| (g) Any funds derived from the federal Medicaid program for | 30 |
| reimbursement of the costs of providing ADA paratransit | 31 |
| services within the metropolitan region shall be directed to | 32 |
| the Authority and shall be used to pay for or reimburse the | 33 |
| costs of providing such services. | 34 |
| (h) Nothing in this amendatory Act shall be construed to | 35 |
| conflict with the requirements of the Americans with | 36 |
| Disabilities Act of 1990 and its implementing regulations.
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| (70 ILCS 3615/3A.08) (from Ch. 111 2/3, par. 703A.08)
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| Sec. 3A.08. Jurisdiction. Any public transportation by | 3 |
| bus within the
metropolitan region, other than public | 4 |
| transportation by commuter rail or
public transportation | 5 |
| provided by the Chicago Transit Authority pursuant
to | 6 |
| agreements in effect on the effective date of this amendatory | 7 |
| Act of 1983
or in the City of Chicago and any ADA paratransit | 8 |
| services provided pursuant to Section 2.30 of the Regional | 9 |
| Transportation Authority Act , shall be subject to the | 10 |
| jurisdiction of the Suburban
Bus Board.
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| (Source: P.A. 83-886.)
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| (70 ILCS 3615/3A.09) (from Ch. 111 2/3, par. 703A.09)
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| Sec. 3A.09. General Powers. In addition to any powers | 14 |
| elsewhere provided
to the Suburban Bus Board, it shall have all | 15 |
| of the powers specified in
Section 2.20 of this Act except for | 16 |
| the powers specified in Section 2.20
(a) (v). The Board shall | 17 |
| also have the power:
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| (a) to cooperate with the Regional Transportation | 19 |
| Authority in the
exercise by the Regional Transportation | 20 |
| Authority of all the powers granted
it by such Act;
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| (b) to receive funds from the Regional Transportation | 22 |
| Authority pursuant
to Sections 2.02, 4.01, 4.02, 4.09 and 4.10 | 23 |
| of the " Regional Transportation
Authority Act " , all as provided | 24 |
| in the " Regional Transportation Authority Act " ;
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| (c) to receive financial grants from the Regional | 26 |
| Transportation
Authority or a Service Board, as defined in the | 27 |
| " Regional Transportation
Authority Act " , upon such terms and | 28 |
| conditions as shall be set forth in a
grant contract between | 29 |
| either the Division and the Regional Transportation
Authority | 30 |
| or the Division and another Service Board, which contract or
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| agreement may be for such number of years or duration as the | 32 |
| parties agree,
all as provided in the " Regional Transportation | 33 |
| Authority Act ; and
." | 34 |
| (d) to perform all functions necessary for the provision of |
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| paratransit services under Section 2.30 of this Act.
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| (Source: P.A. 83-885; 83-886.)
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| (70 ILCS 3615/3A.10) (from Ch. 111 2/3, par. 703A.10)
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| Sec. 3A.10. Budget and Program. The Suburban Bus Board, | 5 |
| subject to
the powers of the Authority in Section 4.11, shall | 6 |
| control the finances
of the Division. It shall by ordinance | 7 |
| appropriate money to perform the
Division's purposes and | 8 |
| provide for payment of debts and expenses of the
Division. Each | 9 |
| year the Suburban Bus Board shall prepare and publish a | 10 |
| comprehensive
annual budget and program document, and a | 11 |
| financial plan for the 2 years
thereafter describing the state | 12 |
| of the Division and presenting for the forthcoming
fiscal year | 13 |
| and the 2 following years the Suburban Bus Board's plans for
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| such operations and capital expenditures as it intends to | 15 |
| undertake and
the means by which it intends to finance them. | 16 |
| The proposed budget and
financial plan shall be based on the | 17 |
| Authority's estimate of funds to be
made available to the | 18 |
| Suburban Bus Board by or through the Authority and
shall | 19 |
| conform in all respects to the requirements established by the | 20 |
| Authority.
The proposed program and budget shall contain a | 21 |
| statement of the funds estimated
to be on hand at the beginning | 22 |
| of the fiscal year, the funds estimated to
be received from all | 23 |
| sources for such year and the funds estimated to be
on hand at | 24 |
| the end of such year. After adoption of the Authority's first
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| Five-Year Program, as provided in Section 2.01 of this Act, the | 26 |
| proposed
program and budget shall specifically identify any | 27 |
| respect in which the
recommended program deviates from the | 28 |
| Authority's then existing Five-Year
Program, giving the | 29 |
| reasons for such deviation. The fiscal year of the
Division | 30 |
| shall be the same as the fiscal year of the Authority. Before
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| the proposed budget and program and financial plan are | 32 |
| submitted to the
Authority, the Suburban Bus Board shall hold | 33 |
| at least one public hearing
thereon in each of the counties in | 34 |
| the metropolitan region in which the
Division provides service. | 35 |
| The Suburban Bus Board shall hold at least
one meeting for |
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| consideration of the proposed program and budget with the
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| county board of each of the several counties in the | 3 |
| metropolitan region
in which the Division provides service. | 4 |
| After conducting such hearings
and holding such meetings and | 5 |
| after making such changes in the proposed
program and budget as | 6 |
| the Suburban Bus Board deems appropriate, it shall
adopt an | 7 |
| annual budget ordinance at least by November 15 next preceding
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| the beginning of each fiscal year. The budget and program, and | 9 |
| financial
plan shall then be submitted to the Authority as | 10 |
| provided in Section 4.11. In the event
that the Board of the | 11 |
| Authority determines that the budget and program,
and financial | 12 |
| plan do not meet the standards of Section 4.11, the Suburban
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| Bus Board shall make such changes as are necessary to meet such | 14 |
| requirements
and adopt an amended budget ordinance. The amended | 15 |
| budget ordinance shall
be resubmitted to the Authority pursuant | 16 |
| to Section 4.11. The ordinance
shall appropriate such sums of | 17 |
| money as are deemed necessary to defray
all necessary expenses | 18 |
| and obligations of the Division, specifying purposes
and the | 19 |
| objects or programs for which appropriations are made and the | 20 |
| amount
appropriated for each object or program. Additional | 21 |
| appropriations, transfers
between items and other changes in | 22 |
| such ordinance which do not alter the
basis upon which the | 23 |
| balanced budget determination was made by the Board
of the | 24 |
| Authority may be made from time to
time by the Suburban Bus | 25 |
| Board.
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| The budget shall:
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| (i) show a balance between (A) anticipated revenues from | 28 |
| all sources including
operating subsidies and (B) the costs of | 29 |
| providing the services specified
and of funding any operating | 30 |
| deficits or encumbrances incurred in prior
periods, including | 31 |
| provision for payment when due of principal and interest
on | 32 |
| outstanding indebtedness;
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| (ii) show cash balances including the proceeds of any | 34 |
| anticipated cash
flow borrowing sufficient to pay with | 35 |
| reasonable promptness all costs and
expenses as incurred;
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| (iii) provide for a level of fares or charges and operating |
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| or administrative
costs for the public transportation provided | 2 |
| by or subject to the jurisdiction
of the Suburban Bus Board | 3 |
| sufficient
to allow the Suburban Bus Board to meet its required | 4 |
| system generated revenues
recovery ratio and, beginning with | 5 |
| the 2007 fiscal year, its system generated ADA paratransit | 6 |
| services revenue recovery ratio ;
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| (iv) be based upon and employ assumptions and projections | 8 |
| which are reasonable
and prudent;
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| (v) have been prepared in accordance with sound financial | 10 |
| practices as
determined by the Board of the Authority; and
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| (vi) meet such other uniform financial, budgetary, or | 12 |
| fiscal requirements
that the Board of the Authority may by rule | 13 |
| or regulation establish.
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| (Source: P.A. 83-886.)
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| (70 ILCS 3615/4.01) (from Ch. 111 2/3, par. 704.01)
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| Sec. 4.01. Budget and Program.
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| (a) The Board shall control the finances
of the Authority. | 18 |
| It shall by ordinance appropriate money to perform the
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| Authority's purposes and provide for payment of debts and | 20 |
| expenses of
the Authority. Each year the Authority shall | 21 |
| prepare and publish a
comprehensive annual budget and program | 22 |
| document describing the state of
the Authority and presenting | 23 |
| for the forthcoming fiscal year the
Authority's plans for such | 24 |
| operations and capital expenditures as the
Authority intends to | 25 |
| undertake and the means by which it intends to
finance them. | 26 |
| The proposed program and budget shall contain a statement
of | 27 |
| the funds estimated to be on hand at the beginning of the | 28 |
| fiscal
year, the funds estimated to be received from all | 29 |
| sources for such year
and the funds estimated to be on hand at | 30 |
| the end of such year. After
adoption of the Authority's first | 31 |
| Five-Year Program, as provided in
Section 2.01 of this Act, the | 32 |
| proposed program and budget shall
specifically identify any | 33 |
| respect in which the recommended program
deviates from the | 34 |
| Authority's then existing Five-Year Program, giving
the | 35 |
| reasons for such deviation. The fiscal year of the Authority |
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| shall
begin on January 1st and end on the succeeding December | 2 |
| 31st except that
the fiscal year that began October 1, 1982, | 3 |
| shall end December 31, 1983.
By July 1st 1981 and July 1st of | 4 |
| each year thereafter the Director of the
Illinois
Governor's | 5 |
| Office of Management and Budget (formerly Bureau of the
Budget ) | 6 |
| shall submit
to the Authority an estimate of revenues for the | 7 |
| next fiscal year to be
collected from the taxes imposed by the | 8 |
| Authority and the amounts to be
available in the Public | 9 |
| Transportation Fund and the Regional Transportation
Authority | 10 |
| Occupation and Use Tax Replacement Fund. For the fiscal year | 11 |
| ending
on December 31, 1983, the Board shall report its results | 12 |
| from
operations and financial condition to the General Assembly | 13 |
| and the Governor
by January 31. For the fiscal year beginning | 14 |
| January
1, 1984, and thereafter, the budget and program shall | 15 |
| be presented to the
General Assembly and the Governor not later | 16 |
| than the preceding December
31st. Before the proposed budget | 17 |
| and program is adopted, the Authority
shall hold at least one | 18 |
| public hearing thereon
in the metropolitan region. The Board | 19 |
| shall hold at least one meeting for
consideration of the | 20 |
| proposed program and budget with the county board of
each of | 21 |
| the several counties in the metropolitan region. After | 22 |
| conducting
such hearings and holding such meetings and after | 23 |
| making such changes
in the proposed program and budget as the | 24 |
| Board deems appropriate, the
Board shall adopt its annual | 25 |
| budget ordinance. The ordinance may be adopted
only upon the | 26 |
| affirmative votes of 9 of its then Directors. The
ordinance | 27 |
| shall appropriate such sums of money as are deemed necessary
to | 28 |
| defray all necessary expenses and obligations of the Authority,
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| specifying purposes and the objects or programs for which | 30 |
| appropriations
are made and the amount appropriated for each | 31 |
| object or program.
Additional appropriations, transfers | 32 |
| between items and other changes in
such ordinance may be made | 33 |
| from time to time by the Board upon the
affirmative votes of 9 | 34 |
| of its then Directors.
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| (b) The budget shall show a balance between anticipated | 36 |
| revenues from
all sources and anticipated expenses including |
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| funding of operating deficits
or the discharge of encumbrances | 2 |
| incurred in prior periods and payment of
principal and interest | 3 |
| when due, and shall show cash balances sufficient
to pay with | 4 |
| reasonable promptness all obligations and expenses as | 5 |
| incurred.
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| The annual budget and financial plan must show : | 7 |
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(i) that the level of fares
and charges for mass | 8 |
| transportation provided by, or under grant or purchase
of | 9 |
| service contracts of, the Service Boards is sufficient to | 10 |
| cause the
aggregate of all projected fare revenues from | 11 |
| such fares and charges received
in each fiscal year to | 12 |
| equal at least 50% of the aggregate costs of providing
such | 13 |
| public transportation in such fiscal year. "Fare revenues" | 14 |
| include
the proceeds of all fares and charges for services | 15 |
| provided, contributions
received in connection with public | 16 |
| transportation from units of local
government other than | 17 |
| the Authority and from the State pursuant to subsection
(i) | 18 |
| of Section 2705-305 of the Department of Transportation Law | 19 |
| (20 ILCS
2705/2705-305), and all other operating revenues | 20 |
| properly included consistent
with generally accepted | 21 |
| accounting principles but do not include : the proceeds
of | 22 |
| any borrowings , and, beginning with the 2007 fiscal year, | 23 |
| all revenues and receipts, including but not limited to | 24 |
| fares and grants received from the federal, State or any | 25 |
| unit of local government or other entity, derived from | 26 |
| providing ADA paratransit service pursuant to Section 2.30 | 27 |
| of the Regional Transportation Authority Act . "Costs" | 28 |
| include all items properly included as operating
costs | 29 |
| consistent with generally accepted accounting principles, | 30 |
| including
administrative costs, but do not include: | 31 |
| depreciation; payment of principal
and interest on bonds, | 32 |
| notes or
other evidences of obligation for borrowed money | 33 |
| issued by the Authority;
payments with respect to public | 34 |
| transportation facilities made pursuant
to subsection (b) | 35 |
| of Section 2.20 of this Act; any payments with respect
to | 36 |
| rate protection contracts, credit enhancements or |
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| liquidity agreements
made under Section 4.14; any other | 2 |
| cost to which it
is reasonably expected that a cash | 3 |
| expenditure
will not be made; costs up to $5,000,000 | 4 |
| annually for passenger
security including grants, | 5 |
| contracts, personnel, equipment and
administrative | 6 |
| expenses, except in the case of the Chicago Transit
| 7 |
| Authority, in which case the term does not include costs | 8 |
| spent annually by
that entity for protection against crime | 9 |
| as required by Section 27a of the
Metropolitan Transit | 10 |
| Authority Act; or costs as exempted by the Board for
| 11 |
| projects pursuant to Section 2.09 of this Act ; or, | 12 |
| beginning with the 2007 fiscal year, expenses related to | 13 |
| providing ADA paratransit service pursuant to Section 2.30 | 14 |
| of the Regional Transportation Authority Act; and | 15 |
| (ii) that the level of fares charged for ADA | 16 |
| paratransit services is sufficient to cause the aggregate | 17 |
| of all projected revenues from such fares charged and | 18 |
| received in each fiscal year to equal at least 10% of the | 19 |
| aggregate costs of providing such ADA paratransit services | 20 |
| in fiscal years 2007 and 2008 and at least 12% of the | 21 |
| aggregate costs of providing such ADA paratransit services | 22 |
| in fiscal years 2009 and thereafter; for purposes of this | 23 |
| Act, the percentages in this subsection (b)(ii) shall be | 24 |
| referred to as the "system generated ADA paratransit | 25 |
| services revenue recovery ratio" .
| 26 |
| (c) The actual administrative expenses of the Authority for | 27 |
| the fiscal
year commencing January 1, 1985 may not exceed | 28 |
| $5,000,000.
The actual administrative expenses of the | 29 |
| Authority for the fiscal year
commencing January 1, 1986, and | 30 |
| for each fiscal year thereafter shall not
exceed the maximum | 31 |
| administrative expenses for the previous fiscal year plus
5%. | 32 |
| "Administrative
expenses" are defined for purposes of this | 33 |
| Section as all expenses except:
(1) capital expenses and | 34 |
| purchases of the Authority on behalf of the Service
Boards; (2) | 35 |
| payments to Service Boards; and (3) payment of principal
and | 36 |
| interest on bonds, notes or other evidence of obligation for |
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| borrowed
money issued by the Authority; (4) costs for passenger | 2 |
| security including
grants, contracts, personnel, equipment and | 3 |
| administrative expenses; (5)
payments with respect to public | 4 |
| transportation facilities made pursuant to
subsection (b) of | 5 |
| Section 2.20 of this Act; and (6) any payments with
respect to | 6 |
| rate protection contracts, credit enhancements or liquidity
| 7 |
| agreements made pursuant to Section 4.14.
| 8 |
| (d) After withholding 15% of the proceeds of any tax | 9 |
| imposed by the
Authority and 15% of money received by the | 10 |
| Authority from the Regional
Transportation Authority | 11 |
| Occupation and Use Tax Replacement Fund,
the Board shall | 12 |
| allocate the proceeds and money remaining to the Service
Boards | 13 |
| as follows: (1) an amount equal to 85% of the proceeds of those
| 14 |
| taxes collected within the City of Chicago and 85% of the money | 15 |
| received by
the Authority on account of transfers to the | 16 |
| Regional Transportation
Authority Occupation and Use Tax | 17 |
| Replacement Fund from the County and Mass
Transit District Fund | 18 |
| attributable to retail sales within the City of
Chicago shall | 19 |
| be allocated to the Chicago Transit
Authority; (2) an amount | 20 |
| equal to 85% of the proceeds of those taxes
collected within | 21 |
| Cook County outside the City of Chicago and 85% of the
money | 22 |
| received by the Authority on account of transfers to the | 23 |
| Regional
Transportation Authority Occupation and Use Tax | 24 |
| Replacement Fund from the
County and Mass Transit District Fund | 25 |
| attributable to retail sales within
Cook County outside of the | 26 |
| city of Chicago shall be allocated
30% to the Chicago Transit | 27 |
| Authority, 55% to the Commuter Rail Board and
15% to the | 28 |
| Suburban Bus Board; and (3) an amount equal to 85% of the
| 29 |
| proceeds of the taxes collected within the Counties of DuPage, | 30 |
| Kane, Lake,
McHenry and Will shall be allocated 70% to the | 31 |
| Commuter Rail Board and 30%
to the Suburban Bus Board.
| 32 |
| (e) Moneys received by the Authority on account of | 33 |
| transfers to the
Regional Transportation Authority Occupation | 34 |
| and Use Tax Replacement Fund
from the State and Local Sales Tax | 35 |
| Reform Fund shall be
allocated among the Authority and the | 36 |
| Service Boards as follows: 15% of
such moneys shall be retained |
|
|
|
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| by the Authority and the remaining 85%
shall be transferred to | 2 |
| the Service Boards as soon as may be
practicable after the | 3 |
| Authority receives payment. Moneys which are
distributable to | 4 |
| the Service Boards pursuant to the preceding sentence
shall be | 5 |
| allocated among the Service Boards on the basis of each Service
| 6 |
| Board's distribution ratio. The term "distribution ratio" | 7 |
| means,
for purposes of this subsection (e) of this Section | 8 |
| 4.01, the ratio of
the total amount distributed to a Service | 9 |
| Board pursuant to subsection (d)
of Section 4.01 for the | 10 |
| immediately preceding calendar year to the total
amount | 11 |
| distributed to all of the Service Boards pursuant to subsection | 12 |
| (d)
of Section 4.01 for the immediately preceding calendar | 13 |
| year.
| 14 |
| To further and accomplish the preparation of the annual | 15 |
| budget and
program as well as the Five-Year Program provided | 16 |
| for in Section 2.01 of
this Act and to make such interim | 17 |
| management decisions as may be
necessary, the Board shall | 18 |
| employ staff which shall: (1) evaluate for
the Board public | 19 |
| transportation programs operated or proposed by
transportation | 20 |
| agencies in terms of goals, costs and relative
priorities; (2) | 21 |
| keep the Board informed of the public transportation
programs | 22 |
| and accomplishments of such transportation agencies; and (3)
| 23 |
| coordinate the development and implementation of public | 24 |
| transportation
programs to the end that the monies available to | 25 |
| the Authority may be
expended in the most economical manner | 26 |
| possible with the least possible
duplication. Under such | 27 |
| regulations as the Board may prescribe, all
Service Boards, | 28 |
| transportation agencies, comprehensive planning agencies or
| 29 |
| transportation planning agencies in the metropolitan region | 30 |
| shall
furnish to the Board such information pertaining to | 31 |
| public
transportation or relevant for plans therefor as it may | 32 |
| from time to time
require, upon payment to any such agency or | 33 |
| Service Board of the reasonable
additional cost of its so | 34 |
| providing such information except as may
otherwise be provided | 35 |
| by agreement with the Authority, and the Board or
any duly | 36 |
| authorized employee of the Board shall, for the purpose of
|
|
|
|
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| securing such information, have access to, and the right to | 2 |
| examine, all
books, documents, papers or records of any such | 3 |
| agency or Service Board
pertaining to public transportation or | 4 |
| relevant for plans therefor.
| 5 |
| (Source: P.A. 91-51, eff. 6-30-99; 91-239, eff. 1-1-00; revised | 6 |
| 8-23-03.)
| 7 |
| (70 ILCS 3615/4.09) (from Ch. 111 2/3, par. 704.09)
| 8 |
| Sec. 4.09. Public Transportation Fund and the Regional | 9 |
| Transportation
Authority Occupation and Use Tax Replacement | 10 |
| Fund.
| 11 |
| (a) As soon as possible after the first day of each month, | 12 |
| beginning
November 1, 1983, the Comptroller shall order | 13 |
| transferred and the Treasurer
shall transfer from the General | 14 |
| Revenue Fund to a special fund in the State
Treasury, to be | 15 |
| known as the "Public Transportation Fund" $9,375,000 for
each | 16 |
| month remaining in State fiscal year 1984. As soon as possible | 17 |
| after
the first day of each month, beginning July 1, 1984, upon | 18 |
| certification of
the Department of Revenue, the Comptroller | 19 |
| shall order transferred and the
Treasurer shall transfer from | 20 |
| the General Revenue Fund to the Public
Transportation Fund an | 21 |
| amount equal to 25% of the net revenue, before the
deduction of | 22 |
| the serviceman and retailer discounts pursuant to Section 9 of
| 23 |
| the Service Occupation Tax Act and Section 3 of the Retailers' | 24 |
| Occupation
Tax Act, realized from any tax imposed by the | 25 |
| Authority pursuant to
Sections 4.03 and 4.03.1 and 25% of the | 26 |
| amounts deposited into the Regional
Transportation Authority | 27 |
| tax fund created by Section 4.03 of this Act, from
the County | 28 |
| and Mass Transit District Fund as provided in Section 6z-20 of
| 29 |
| the State Finance Act and 25% of the amounts deposited into the | 30 |
| Regional
Transportation Authority Occupation and Use Tax | 31 |
| Replacement Fund from the
State and Local Sales Tax Reform Fund | 32 |
| as provided in Section 6z-17 of the
State Finance Act. Net | 33 |
| revenue realized for a month shall be the revenue
collected by | 34 |
| the State pursuant to Sections 4.03 and 4.03.1 during the
| 35 |
| previous month from within the metropolitan region, less the |
|
|
|
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| amount paid
out during that same month as refunds to taxpayers | 2 |
| for overpayment of
liability in the metropolitan region under | 3 |
| Sections 4.03 and 4.03.1.
| 4 |
| (b) (1) All moneys deposited in the Public Transportation | 5 |
| Fund and the
Regional Transportation Authority Occupation | 6 |
| and Use Tax Replacement Fund,
whether deposited pursuant to | 7 |
| this Section or otherwise, are allocated to
the Authority. | 8 |
| Pursuant to appropriation, the Comptroller, as soon as
| 9 |
| possible after each monthly transfer provided in this | 10 |
| Section and after
each deposit into the Public | 11 |
| Transportation Fund, shall order the Treasurer
to pay to | 12 |
| the Authority out of the Public Transportation Fund the | 13 |
| amount so
transferred or deposited. Such amounts paid to | 14 |
| the Authority may be
expended by it for its purposes as | 15 |
| provided in this Act.
| 16 |
| Subject to appropriation to the Department of Revenue, | 17 |
| the Comptroller,
as soon as possible after each deposit | 18 |
| into the Regional Transportation
Authority Occupation and | 19 |
| Use Tax Replacement Fund provided in this Section
and | 20 |
| Section 6z-17 of the State Finance Act, shall order the | 21 |
| Treasurer
to pay to the Authority out of the Regional | 22 |
| Transportation Authority
Occupation and Use Tax | 23 |
| Replacement Fund the amount so deposited. Such
amounts paid | 24 |
| to the Authority may be expended by it for its purposes as
| 25 |
| provided in this Act.
| 26 |
| (2) Provided, however, no moneys deposited under | 27 |
| subsection (a)
of this Section shall be paid from the | 28 |
| Public Transportation
Fund to the Authority or its assignee | 29 |
| for any fiscal year beginning after
the effective
date of | 30 |
| this amendatory Act of 1983 until the Authority has | 31 |
| certified to
the Governor, the Comptroller, and the Mayor | 32 |
| of the City of Chicago that it
has adopted for that fiscal | 33 |
| year a budget and financial plan meeting the
requirements | 34 |
| in Section 4.01(b).
| 35 |
| (c) In recognition of the efforts of the Authority to | 36 |
| enhance the mass
transportation facilities under its control, |
|
|
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| the State shall provide
financial assistance ("Additional | 2 |
| State Assistance") in excess of the
amounts transferred to the | 3 |
| Authority from the General Revenue Fund under
subsection (a) of | 4 |
| this Section. Additional State Assistance shall be
calculated | 5 |
| as provided in
subsection (d), but shall in no event exceed the | 6 |
| following
specified amounts with respect to the following State | 7 |
| fiscal years:
|
|
8 | | 1990 |
$5,000,000; |
|
9 | | 1991 |
$5,000,000; |
|
10 | | 1992 |
$10,000,000; |
|
11 | | 1993 |
$10,000,000; |
|
12 | | 1994 |
$20,000,000; |
|
13 | | 1995 |
$30,000,000; |
|
14 | | 1996 |
$40,000,000; |
|
15 | | 1997 |
$50,000,000; |
|
16 | | 1998 |
$55,000,000; and |
|
17 | | each year thereafter |
$55,000,000. |
|
18 |
| (c-5) The State shall provide financial assistance | 19 |
| ("Additional Financial
Assistance") in addition to the | 20 |
| Additional State Assistance provided by
subsection (c) and the | 21 |
| amounts transferred to the Authority from the General
Revenue | 22 |
| Fund under subsection (a) of this Section. Additional Financial
| 23 |
| Assistance provided by this subsection shall be calculated as | 24 |
| provided in
subsection (d), but shall in no event exceed the | 25 |
| following specified amounts
with respect to the following State | 26 |
| fiscal years:
|
|
27 | | 2000 |
$0; |
|
28 | | 2001 |
$16,000,000; |
|
29 | | 2002 |
$35,000,000; |
|
30 | | 2003 |
$54,000,000; |
|
31 | | 2004 |
$73,000,000; |
|
32 | | 2005 |
$93,000,000; and |
|
33 | | each year thereafter |
$100,000,000. |
|
34 |
| (d) Beginning with State fiscal year 1990 and continuing | 35 |
| for each
State fiscal year thereafter, the Authority shall | 36 |
| annually certify to the
State Comptroller and State Treasurer, |
|
|
|
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| separately with respect to each of
subdivisions (g)(2) and | 2 |
| (g)(3) of Section 4.04 of this Act, the following
amounts:
| 3 |
| (1) The amount necessary and required, during the State | 4 |
| fiscal year with
respect to which the certification is | 5 |
| made, to pay its obligations for debt
service on all | 6 |
| outstanding bonds or notes issued by the Authority under | 7 |
| subdivisions (g)(2) and (g)(3) of
Section 4.04 of this Act.
| 8 |
| (2) An estimate of the amount necessary and required to | 9 |
| pay its
obligations for debt service for any bonds or notes | 10 |
| which the Authority anticipates it
will issue under | 11 |
| subdivisions (g)(2) and (g)(3) of Section 4.04 during
that | 12 |
| State fiscal year.
| 13 |
| (3) Its debt service savings during the preceding State | 14 |
| fiscal year
from refunding or advance refunding of bonds or | 15 |
| notes issued under subdivisions
(g)(2) and (g)(3) of | 16 |
| Section 4.04.
| 17 |
| (4) The amount of interest, if any, earned by the | 18 |
| Authority during the
previous State fiscal year on the | 19 |
| proceeds of bonds or notes issued pursuant to
subdivisions | 20 |
| (g)(2) and (g)(3) of Section 4.04, other than refunding or | 21 |
| advance
refunding bonds or notes.
| 22 |
| The certification shall include a specific
schedule of debt | 23 |
| service payments, including the date and amount of each
payment | 24 |
| for all outstanding bonds or notes and an estimated schedule of
| 25 |
| anticipated debt service for all bonds and notes it intends to | 26 |
| issue, if any,
during that State fiscal year, including the | 27 |
| estimated date and estimated
amount of each payment.
| 28 |
| Immediately upon the issuance of bonds for which an | 29 |
| estimated schedule
of debt service payments was prepared, the | 30 |
| Authority shall file an amended
certification with respect to | 31 |
| item (2) above, to specify the actual
schedule of debt service | 32 |
| payments, including the date and amount of each
payment, for | 33 |
| the remainder of the State fiscal year.
| 34 |
| On the first day of each month of the
State fiscal year in | 35 |
| which there are bonds outstanding with respect to which
the | 36 |
| certification is made, the State Comptroller shall order |
|
|
|
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| transferred and
the State Treasurer shall transfer from the | 2 |
| General Revenue Fund to the
Public Transportation Fund the | 3 |
| Additional State Assistance and Additional
Financial | 4 |
| Assistance in an amount equal to the aggregate of
(i) | 5 |
| one-twelfth of the sum of the amounts certified under items
(1) | 6 |
| and (3) above less the amount certified under item (4) above, | 7 |
| plus
(ii)
the amount required to pay debt service on bonds and | 8 |
| notes
issued during the fiscal year, if any, divided by the | 9 |
| number of months
remaining in the fiscal year after the date of | 10 |
| issuance, or some smaller
portion as may be necessary under | 11 |
| subsection (c)
or (c-5) of this Section for the relevant State | 12 |
| fiscal year, plus
(iii) any cumulative deficiencies in | 13 |
| transfers for prior months,
until an amount equal to the
sum of | 14 |
| the amounts certified under items (1) and (3) above,
plus the | 15 |
| actual debt service certified under item (2) above,
less the | 16 |
| amount certified under item (4) above,
has been transferred; | 17 |
| except that these transfers are subject to the
following | 18 |
| limits:
| 19 |
| (A) In no event shall the total transfers in any State | 20 |
| fiscal
year relating to outstanding bonds and notes issued | 21 |
| by the Authority under
subdivision (g)(2) of Section 4.04 | 22 |
| exceed the lesser of the annual maximum
amount specified in | 23 |
| subsection (c) or the sum of the amounts
certified under | 24 |
| items (1) and (3) above,
plus the actual debt service | 25 |
| certified under item (2) above,
less the amount certified | 26 |
| under item
(4) above, with respect to those bonds and | 27 |
| notes.
| 28 |
| (B) In no event shall the total transfers in any State | 29 |
| fiscal year
relating to outstanding bonds and notes issued | 30 |
| by the Authority under
subdivision (g)(3) of Section 4.04 | 31 |
| exceed the lesser of the annual maximum
amount specified in | 32 |
| subsection (c-5) or the sum of the amounts certified under
| 33 |
| items (1) and (3) above,
plus the actual debt service | 34 |
| certified under item (2) above,
less the amount certified | 35 |
| under item (4) above, with
respect to those bonds and | 36 |
| notes.
|
|
|
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| The term "outstanding" does not include bonds or notes for | 2 |
| which
refunding or advance refunding bonds or notes have been | 3 |
| issued.
| 4 |
| (e) Neither Additional State Assistance nor Additional | 5 |
| Financial
Assistance may be pledged, either directly or
| 6 |
| indirectly as general revenues of the Authority, as security | 7 |
| for any bonds
issued by the Authority. The Authority may not | 8 |
| assign its right to receive
Additional State Assistance or | 9 |
| Additional Financial Assistance, or direct
payment of | 10 |
| Additional State
Assistance or Additional Financial | 11 |
| Assistance, to a trustee or any other
entity for the
payment of | 12 |
| debt service
on its bonds.
| 13 |
| (f) The certification required under subsection (d) with | 14 |
| respect to
outstanding bonds and notes of the Authority shall | 15 |
| be
filed as early as practicable before the beginning of the | 16 |
| State fiscal
year to which it relates. The certification shall | 17 |
| be revised as may be
necessary to accurately state the debt | 18 |
| service requirements of the Authority.
| 19 |
| (g) Within 6 months of the end of the 3 month period ending | 20 |
| December 31,
1983, and each fiscal year thereafter, the | 21 |
| Authority shall determine : | 22 |
| (i) whether
the aggregate of all system generated | 23 |
| revenues for public transportation
in the metropolitan | 24 |
| region which is provided by, or under grant or purchase
of | 25 |
| service contracts with, the Service Boards equals 50% of | 26 |
| the aggregate
of all costs of providing such public | 27 |
| transportation. "System generated
revenues" include all | 28 |
| the proceeds of fares and charges for services provided,
| 29 |
| contributions received in connection with public | 30 |
| transportation from units
of local government other than | 31 |
| the Authority and from the State pursuant
to subsection (i) | 32 |
| of Section 2705-305 of the Department of Transportation Law
| 33 |
| (20 ILCS 2705/2705-305), and all other revenues properly | 34 |
| included consistent
with generally accepted accounting | 35 |
| principles but may not include : the proceeds
from any | 36 |
| borrowing , and, beginning with the 2007 fiscal year, all |
|
|
|
HB1663 Enrolled |
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| 1 |
| revenues and receipts, including but not limited to fares | 2 |
| and grants received from the federal, State or any unit of | 3 |
| local government or other entity, derived from providing | 4 |
| ADA paratransit service pursuant to Section 2.30 of the | 5 |
| Regional Transportation Authority Act . "Costs" include all | 6 |
| items properly included as
operating costs consistent with | 7 |
| generally accepted accounting principles,
including | 8 |
| administrative costs, but do not include: depreciation; | 9 |
| payment
of principal and interest on bonds, notes or other | 10 |
| evidences of obligations
for borrowed money of the | 11 |
| Authority; payments with respect to public
transportation | 12 |
| facilities made pursuant to subsection (b) of Section 2.20;
| 13 |
| any payments with respect to rate protection contracts, | 14 |
| credit
enhancements or liquidity agreements made under | 15 |
| Section 4.14; any other
cost as to which it is reasonably | 16 |
| expected that a cash
expenditure will not be made; costs up | 17 |
| to $5,000,000 annually for passenger
security including | 18 |
| grants, contracts, personnel, equipment and
administrative | 19 |
| expenses, except in the case of the Chicago Transit
| 20 |
| Authority, in which case the term does not include costs | 21 |
| spent annually by
that entity for protection against crime | 22 |
| as required by Section 27a of the
Metropolitan Transit | 23 |
| Authority Act; or costs as exempted by the Board for
| 24 |
| projects pursuant to Section 2.09 of this Act ; or, | 25 |
| beginning with the 2007 fiscal year, expenses related to | 26 |
| providing ADA paratransit service pursuant to Section 2.30 | 27 |
| of the Regional Transportation Authority Act . If said | 28 |
| system generated
revenues are less than 50% of said costs, | 29 |
| the Board shall remit an amount
equal to the amount of the | 30 |
| deficit to the State. The Treasurer shall
deposit any such | 31 |
| payment in the General Revenue Fund ; and .
| 32 |
| (ii) whether, beginning with the 2007 fiscal year, the | 33 |
| aggregate of all fares charged and received for ADA | 34 |
| paratransit services equals the system generated ADA | 35 |
| paratransit services revenue recovery ratio percentage of | 36 |
| the aggregate of all costs of providing such ADA |
|
|
|
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|
| 1 |
| paratransit services.
| 2 |
| (h) If the Authority makes any payment to the State under | 3 |
| paragraph (g),
the Authority shall reduce the amount provided | 4 |
| to a Service Board from funds
transferred under paragraph (a) | 5 |
| in proportion to the amount by which
that Service Board failed | 6 |
| to meet its required system generated revenues
recovery ratio. | 7 |
| A Service Board which is affected by a reduction in funds
under | 8 |
| this paragraph shall submit to the Authority concurrently with | 9 |
| its
next due quarterly report a revised budget incorporating | 10 |
| the reduction in
funds. The revised budget must meet the | 11 |
| criteria specified in clauses (i)
through (vi) of Section | 12 |
| 4.11(b)(2). The Board shall review and act on the
revised | 13 |
| budget as provided in Section 4.11(b)(3).
| 14 |
| (Source: P.A. 91-37, eff. 7-1-99; 91-51, eff. 6-30-99; 91-239, | 15 |
| eff. 1-1-00;
91-357, eff. 7-29-99; 92-16, eff. 6-28-01.)
| 16 |
| (70 ILCS 3615/4.11) (from Ch. 111 2/3, par. 704.11)
| 17 |
| Sec. 4.11. Budget Review Powers.
| 18 |
| (a) The provisions of this Section
shall only be applicable | 19 |
| to financial periods beginning after December 31,
1983. The | 20 |
| Transition Board shall adopt a timetable governing the | 21 |
| certification
of estimates and any submissions required under | 22 |
| this Section for fiscal
year 1984 which shall control over the | 23 |
| provisions of this Act. Based
upon estimates which shall be | 24 |
| given to the Authority by the Director of
the Illinois
| 25 |
| Governor's Office of Management and Budget (formerly
Bureau of | 26 |
| the Budget ) of the receipts to be received by the
Authority | 27 |
| from the taxes imposed
by the Authority and the authorized | 28 |
| estimates of amounts
to be available from State and other | 29 |
| sources to the Service Boards, and
the times at which such | 30 |
| receipts and amounts will be available, the Board
shall, not | 31 |
| later than the next preceding September 15th prior to the | 32 |
| beginning
of the Authority's next fiscal year,
advise each | 33 |
| Service Board of the amounts estimated by the Board to be | 34 |
| available
for such Service Board during such fiscal year and | 35 |
| the two following fiscal
years and the times at which such |
|
|
|
HB1663 Enrolled |
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| 1 |
| amounts will be available. The Board
shall, at the same time, | 2 |
| also advise each Service Board of its required
system generated | 3 |
| revenues recovery ratio for the next fiscal year which
shall be | 4 |
| the percentage of the aggregate costs of providing public
| 5 |
| transportation by or under jurisdiction of that Service Board | 6 |
| which must be
recovered from system generated revenues. The | 7 |
| Board shall, at the same time, beginning with the 2007 fiscal | 8 |
| year, also advise each Service Board that provides ADA | 9 |
| paratransit services of its required system generated ADA | 10 |
| paratransit services revenue recovery ratio for the next fiscal | 11 |
| year which shall be the percentage of the aggregate costs of | 12 |
| providing ADA paratransit services by or under jurisdiction of | 13 |
| that Service Board which must be recovered from fares charged | 14 |
| for such services, except that such required system generated | 15 |
| ADA paratransit services revenue recovery ratio shall not | 16 |
| exceed the minimum percentage established pursuant to Section | 17 |
| 4.01(b)(ii) of this Act. In determining
a Service Board's | 18 |
| system generated revenue recovery ratio, the Board shall
| 19 |
| consider the historical system generated revenues recovery | 20 |
| ratio for the
services subject to the jurisdiction of that
| 21 |
| Service Board. The Board shall not increase a Service Board's | 22 |
| system generated
revenues recovery ratio for the next fiscal | 23 |
| year over such ratio for the
current fiscal year | 24 |
| disproportionately or prejudicially to increases in
such | 25 |
| ratios for other Service Boards. The Board may, by ordinance,
| 26 |
| provide that (i) the cost of research and development projects | 27 |
| in the
fiscal year beginning January 1, 1986 and ending | 28 |
| December 31, 1986
conducted pursuant to Section 2.09 of this | 29 |
| Act, and (ii) up to $5,000,000
annually of the costs for | 30 |
| passenger security, may be exempted from the
farebox recovery | 31 |
| ratio or the system generated revenues recovery ratio of
the | 32 |
| Chicago Transit Authority, the Suburban Bus Board, and the | 33 |
| Commuter
Rail Board, or any of them. For the fiscal year | 34 |
| beginning January 1, 1986
and ending December 31, 1986, and for | 35 |
| the fiscal year beginning January
1, 1987 and ending December | 36 |
| 31, 1987, the Board shall, by ordinance, provide
that:
(1) the |
|
|
|
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|
| 1 |
| amount of a grant, pursuant to Section 2705-310 of the
| 2 |
| Department of Transportation Law (20 ILCS 2705/2705-310), from | 3 |
| the Department of Transportation for
the cost of services for | 4 |
| the mobility limited provided by the Chicago
Transit Authority, | 5 |
| and (2) the amount of a grant, pursuant to Section
2705-310 of | 6 |
| the Department of Transportation Law (20 ILCS
2705/2705-310), | 7 |
| from the Department
of
Transportation for the cost of services | 8 |
| for the mobility limited by the
Suburban Bus Board or the | 9 |
| Commuter Rail Board, be exempt from the farebox
recovery ratio | 10 |
| or the system generated revenues recovery ratio.
| 11 |
| (b)(1) Not later than the next preceding November 15 prior | 12 |
| to the
commencement of such fiscal year, each Service Board | 13 |
| shall submit to the
Authority its proposed budget for such | 14 |
| fiscal year and its proposed
financial plan for the two | 15 |
| following fiscal years. Such budget and
financial plan shall | 16 |
| not project or assume a receipt of revenues from the
Authority | 17 |
| in amounts greater than those set forth in the estimates | 18 |
| provided
by the Authority pursuant to subsection (a) of this | 19 |
| Section.
| 20 |
| (2) The Board shall review the proposed budget and | 21 |
| financial plan submitted
by each Service Board, and shall adopt | 22 |
| a consolidated budget and financial
plan. The Board shall | 23 |
| approve the budget and plan if:
| 24 |
| (i) the Board has approved the proposed budget and cash | 25 |
| flow plan for
such fiscal year of each Service Board, | 26 |
| pursuant to the conditions set forth
in clauses (ii) | 27 |
| through (vii) of this paragraph;
| 28 |
| (ii) such budget and plan show a balance between (A) | 29 |
| anticipated revenues
from all sources including operating | 30 |
| subsidies and (B) the costs of providing
the services | 31 |
| specified and of funding any operating deficits or | 32 |
| encumbrances
incurred in prior periods, including | 33 |
| provision for payment when due of
principal and interest on | 34 |
| outstanding indebtedness;
| 35 |
| (iii) such budget and plan show cash balances including | 36 |
| the proceeds of
any anticipated cash flow borrowing |
|
|
|
HB1663 Enrolled |
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|
| 1 |
| sufficient to pay with reasonable
promptness all costs and | 2 |
| expenses as incurred;
| 3 |
| (iv) such budget and plan provide for a level of fares | 4 |
| or charges and
operating or administrative costs for the | 5 |
| public transportation provided
by or subject to the | 6 |
| jurisdiction of such Service Board sufficient to allow
the | 7 |
| Service Board to meet its required system generated revenue | 8 |
| recovery ratio and, beginning with the 2007 fiscal year, | 9 |
| system generated ADA paratransit services revenue recovery | 10 |
| ratio ;
| 11 |
| (v) such budget and plan are based upon and employ | 12 |
| assumptions and
projections which are reasonable and | 13 |
| prudent;
| 14 |
| (vi) such budget and plan have been prepared in | 15 |
| accordance with sound
financial practices as determined by | 16 |
| the Board; and
| 17 |
| (vii) such budget and plan meet such other financial, | 18 |
| budgetary, or fiscal
requirements that the Board may by | 19 |
| rule or regulation establish.
| 20 |
| (3) In determining whether the budget and financial plan | 21 |
| provide a level
of fares or charges sufficient to allow a | 22 |
| Service Board to meet its required
system generated revenue | 23 |
| recovery ratio and, beginning with the 2007 fiscal year, system | 24 |
| generated ADA paratransit services revenue recovery ratio | 25 |
| under clause (iv) in subparagraph (2),
the Board shall allow a | 26 |
| Service Board to carry over cash from farebox
revenues to | 27 |
| subsequent fiscal years.
| 28 |
| (4) Unless the Board by an affirmative vote of 9 of the | 29 |
| then Directors
determines that the budget and financial plan of | 30 |
| a Service Board meets the
criteria specified in clauses (ii) | 31 |
| through (vii) of subparagraph (2) of
this paragraph (b), the | 32 |
| Board shall not release to that Service Board any
funds for the | 33 |
| periods covered by such budget and financial plan except for
| 34 |
| the proceeds of taxes imposed by the Authority under Section | 35 |
| 4.03 which
are allocated to the Service Board under Section | 36 |
| 4.01.
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| (5) If the Board has not found that the budget and | 2 |
| financial plan of a
Service Board meets the criteria specified | 3 |
| in clauses (i) through (vii)
of subparagraph (2) of this | 4 |
| paragraph (b), the Board shall, five working
days after the | 5 |
| start of the Service Board's fiscal year adopt a budget and
| 6 |
| financial plan meeting such criteria for that Service Board.
| 7 |
| (c)(1) If the Board shall at any time have received a
| 8 |
| revised estimate, or revises any estimate the Board has made, | 9 |
| pursuant to
this Section of the receipts to be collected by the | 10 |
| Authority which, in
the judgment of the Board, requires a | 11 |
| change in the estimates on which the
budget of any Service | 12 |
| Board is based, the Board shall advise the affected
Service | 13 |
| Board of such revised estimates, and such Service Board shall | 14 |
| within
30 days after receipt of such advice submit a revised | 15 |
| budget incorporating
such revised estimates. If the revised | 16 |
| estimates require, in the judgment
of the Board, that the | 17 |
| system generated revenues recovery ratio of one or
more Service | 18 |
| Boards be revised in order to allow the Authority to meet its
| 19 |
| required ratio, the Board shall advise any such Service Board | 20 |
| of its revised
ratio and such Service Board shall within 30 | 21 |
| days after receipt of such
advice submit a revised budget | 22 |
| incorporating such revised estimates or ratio.
| 23 |
| (2) Each Service Board shall, within such period after the | 24 |
| end of each
fiscal quarter as shall be specified by the Board, | 25 |
| report to the Authority
its financial condition and results of | 26 |
| operations and the financial condition
and results of | 27 |
| operations of the public transportation services subject
to its | 28 |
| jurisdiction, as at the end of and for such quarter. If in the | 29 |
| judgment
of the Board such condition and results are not | 30 |
| substantially in accordance
with such Service Board's budget | 31 |
| for such period, the Board shall so advise
such Service Board | 32 |
| and such Service Board shall within the period specified
by the | 33 |
| Board submit a revised budget incorporating such results.
| 34 |
| (3) If the Board shall determine that a revised budget | 35 |
| submitted by a
Service Board pursuant to subparagraph (1) or | 36 |
| (2) of this paragraph (c)
does not meet the criteria specified |
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| in clauses (ii) through (vii) of
subparagraph
(2) of paragraph | 2 |
| (b) of this Section, the Board shall not release any monies
to | 3 |
| that Service Board except the proceeds of taxes imposed by the | 4 |
| Authority
under Section 4.03 or 4.03.1 which are allocated to | 5 |
| the Service Board under
Section 4.01. If the Service Board | 6 |
| submits a revised financial plan and
budget which plan and | 7 |
| budget shows that the criteria will be met within
a four | 8 |
| quarter period, the Board shall continue to release funds to | 9 |
| the
Service Board. The Board by a 9 vote of its then Directors | 10 |
| may
require a Service Board to submit a revised financial plan | 11 |
| and budget which
shows that the criteria will be met in a time | 12 |
| period less than four quarters.
| 13 |
| (d) All budgets and financial plans, financial statements, | 14 |
| audits and
other information presented to the Authority | 15 |
| pursuant to this Section or
which may be required by the Board | 16 |
| to permit it to monitor compliance with
the provisions of this | 17 |
| Section shall be prepared and presented in such
manner and | 18 |
| frequency and in such detail as shall have been prescribed by
| 19 |
| the Board, shall be prepared on both an accrual and cash flow | 20 |
| basis as
specified by the Board, and shall identify and | 21 |
| describe the assumptions and
projections employed in the | 22 |
| preparation
thereof to the extent required by the Board. Except | 23 |
| when the Board adopts
a budget and a financial plan for a | 24 |
| Service Board under paragraph (b)(5),
a Service Board shall | 25 |
| provide for such levels of transportation services
and fares or | 26 |
| charges therefor as it deems appropriate and necessary in the
| 27 |
| preparation of a budget and financial plan meeting the criteria | 28 |
| set forth
in clauses (ii) through (vii) of subparagraph (2) of | 29 |
| paragraph (b) of this
Section. The Board shall have access to | 30 |
| and the right to examine and copy
all books, documents, papers, | 31 |
| records, or other source data of a Service
Board relevant to | 32 |
| any information submitted pursuant to this Section.
| 33 |
| (e) Whenever this Section requires the Board to make | 34 |
| determinations with
respect to estimates, budgets or financial | 35 |
| plans, or rules or regulations
with respect thereto such | 36 |
| determinations shall be made upon the affirmative
vote of at |
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| least 9 of the then Directors and shall be incorporated in a
| 2 |
| written report of the Board and such report shall be submitted | 3 |
| within 10
days after such determinations are made to
the | 4 |
| Governor, the Mayor of Chicago (if such determinations relate | 5 |
| to the
Chicago Transit Authority), and the Auditor General of | 6 |
| Illinois.
| 7 |
| (Source: P.A. 91-239, eff. 1-1-00; revised 8-23-03.)
| 8 |
| Section 99. Effective date. This Act takes effect upon | 9 |
| becoming law. |
|