Illinois General Assembly - Full Text of HB1663
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Full Text of HB1663  94th General Assembly

HB1663ham002 94TH GENERAL ASSEMBLY

Rep. Julie Hamos

Filed: 5/18/2005

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 1663

2     AMENDMENT NO. ______. Amend House Bill 1663 by replacing
3 everything after the enacting clause with the following:
 
4     "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

 

 

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1 subsection (c).
2     (c) No later than January 1, 2006, the Authority, in
3 collaboration with the Suburban Bus Board and the Chicago
4 Transit Authority, shall develop a plan for the provision of
5 ADA paratransit services and submit such plan to the Federal
6 Transit Administration for approval. Approval of such plan by
7 the Authority shall require the affirmative votes of 9 of the
8 then Directors. The Suburban Bus Board, the Chicago Transit
9 Authority and the Authority shall comply with the requirements
10 of the Americans with Disabilities Act of 1990 and its
11 implementing regulations in developing and approving such plan
12 including, without limitation, consulting with individuals
13 with disabilities and groups representing them in the
14 community, and providing adequate opportunity for public
15 comment and public hearings. The plan shall include the
16 contents required for a paratransit plan pursuant to the
17 Americans with Disabilities Act of 1990 and its implementing
18 regulations. The plan shall also include, without limitation,
19 provisions to:
20         (1) maintain, at a minimum, the levels of ADA
21     paratransit service that are required to be provided by the
22     Service Boards pursuant to the Americans with Disabilities
23     Act of 1990 and its implementing regulations;
24         (2) transfer the appropriate ADA paratransit services,
25     management, personnel, service contracts and assets from
26     the Chicago Transit Authority to the Authority or the
27     Suburban Bus Board, as necessary, by no later than July 1,
28     2006, except that this date may be extended to the extent
29     necessary to obtain approval from the Federal Transit
30     Administration of the plan prepared pursuant to this
31     subsection (c);
32         (3) provide for consistent policies throughout the
33     metropolitan region for scheduling of ADA paratransit
34     service trips to and from destinations, with consideration

 

 

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1     of scheduling of return trips on a "will-call" open-ended
2     basis upon request of the rider, if practicable, and with
3     consideration of an increased number of trips available by
4     subscription service than are available as of the effective
5     date of this amendatory Act;
6         (4) provide that service contracts and rates, entered
7     into or set after the approval by the Federal Transit
8     Administration of the plan prepared pursuant to subsection
9     (c) of this Section, with private carriers and taxicabs for
10     ADA paratransit service are procured by means of an open
11     procurement process;
12         (5) provide for fares, fare collection and billing
13     procedures for ADA paratransit services throughout the
14     metropolitan region;
15         (6) provide for performance standards for all ADA
16     paratransit service transportation carriers, with
17     consideration of door-to-door service;
18         (7) provide, in cooperation with the Illinois
19     Department of Transportation, the Illinois Department of
20     Public Aid and other appropriate public agencies and
21     private entities, for the application and receipt of
22     grants, including, without limitation, reimbursement from
23     Medicaid or other programs for ADA paratransit services;
24         (8) provide for a system of dispatch of ADA paratransit
25     services transportation carriers throughout the
26     metropolitan region, with consideration of county-based
27     dispatch systems already in place as of the effective date
28     of this amendatory Act;
29         (9) provide for a process of determining eligibility
30     for ADA paratransit services that complies with the
31     Americans with Disabilities Act of 1990 and its
32     implementing regulations;
33         (10) provide for consideration of innovative methods
34     to provide and fund ADA paratransit services; and

 

 

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1         (11) provide for the creation of one or more ADA
2     advisory boards, or the reconstitution of the existing ADA
3     advisory boards for the Service Boards, to represent the
4     diversity of individuals with disabilities in the
5     metropolitan region and to provide appropriate ongoing
6     input from individuals with disabilities into the
7     operation of ADA paratransit services.
8     (d) All revisions and annual updates to the ADA paratransit
9 services plan developed pursuant to subsection (c) of this
10 Section, or certifications of continued compliance in lieu of
11 plan updates, that are required to be provided to the Federal
12 Transit Administration shall be developed by the Authority, in
13 collaboration with the Suburban Bus Board and the Chicago
14 Transit Authority, and the Authority shall submit such
15 revision, update or certification to the Federal Transit
16 Administration for approval. Approval of such revisions,
17 updates or certifications by the Authority shall require the
18 affirmative votes of 9 of the then Directors.
19     (e) The Illinois Department of Transportation, the
20 Illinois Department of Public Aid, the Authority, the Suburban
21 Bus Board and the Chicago Transit Authority shall enter into
22 intergovernmental agreements as may be necessary to provide
23 funding and accountability for, and implementation of, the
24 requirements of this Section.
25     (f) By no later than April 1, 2007, the Authority shall
26 develop and submit to the General Assembly and the Governor a
27 funding plan for ADA paratransit services. Approval of such
28 plan by the Authority shall require the affirmative votes of 9
29 of the then Directors. The funding plan shall, at a minimum,
30 contain an analysis of the current costs of providing ADA
31 paratransit services, projections of the long-term costs of
32 providing ADA paratransit services, identification of and
33 recommendations for possible cost efficiencies in providing
34 ADA paratransit services, and identification of and

 

 

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1 recommendations for possible funding sources for providing ADA
2 paratransit services. The Illinois Department of
3 Transportation, the Illinois Department of Public Aid, the
4 Suburban Bus Board, the Chicago Transit Authority and other
5 State and local public agencies as appropriate shall cooperate
6 with the Authority in the preparation of such funding plan.
7     (g) Any funds derived from the federal Medicaid program for
8 reimbursement of the costs of providing ADA paratransit
9 services within the metropolitan region shall be directed to
10 the Authority and shall be used to pay for or reimburse the
11 costs of providing such services.
12     (h) Nothing in this amendatory Act shall be construed to
13 conflict with the requirements of the Americans with
14 Disabilities Act of 1990 and its implementing regulations.
 
15     (70 ILCS 3615/3A.08)  (from Ch. 111 2/3, par. 703A.08)
16     Sec. 3A.08. Jurisdiction.     Any public transportation by
17 bus within the metropolitan region, other than public
18 transportation by commuter rail or public transportation
19 provided by the Chicago Transit Authority pursuant to
20 agreements in effect on the effective date of this amendatory
21 Act of 1983 or in the City of Chicago and any ADA paratransit
22 services provided pursuant to Section 2.30 of the Regional
23 Transportation Authority Act, shall be subject to the
24 jurisdiction of the Suburban Bus Board.
25 (Source: P.A. 83-886.)
 
26     (70 ILCS 3615/3A.09)  (from Ch. 111 2/3, par. 703A.09)
27     Sec. 3A.09. General Powers. In addition to any powers
28 elsewhere provided to the Suburban Bus Board, it shall have all
29 of the powers specified in Section 2.20 of this Act except for
30 the powers specified in Section 2.20 (a) (v). The Board shall
31 also have the power:
32     (a) to cooperate with the Regional Transportation

 

 

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1 Authority in the exercise by the Regional Transportation
2 Authority of all the powers granted it by such Act;
3     (b) to receive funds from the Regional Transportation
4 Authority pursuant to Sections 2.02, 4.01, 4.02, 4.09 and 4.10
5 of the "Regional Transportation Authority Act", all as provided
6 in the "Regional Transportation Authority Act";
7     (c) to receive financial grants from the Regional
8 Transportation Authority or a Service Board, as defined in the
9 "Regional Transportation Authority Act", upon such terms and
10 conditions as shall be set forth in a grant contract between
11 either the Division and the Regional Transportation Authority
12 or the Division and another Service Board, which contract or
13 agreement may be for such number of years or duration as the
14 parties agree, all as provided in the "Regional Transportation
15 Authority Act; and ."
16     (d) to perform all functions necessary for the provision of
17 paratransit services under Section 2.30 of this Act.
18 (Source: P.A. 83-885; 83-886.)
 
19     (70 ILCS 3615/3A.10)  (from Ch. 111 2/3, par. 703A.10)
20     Sec. 3A.10. Budget and Program. The Suburban Bus Board,
21 subject to the powers of the Authority in Section 4.11, shall
22 control the finances of the Division. It shall by ordinance
23 appropriate money to perform the Division's purposes and
24 provide for payment of debts and expenses of the Division. Each
25 year the Suburban Bus Board shall prepare and publish a
26 comprehensive annual budget and program document, and a
27 financial plan for the 2 years thereafter describing the state
28 of the Division and presenting for the forthcoming fiscal year
29 and the 2 following years the Suburban Bus Board's plans for
30 such operations and capital expenditures as it intends to
31 undertake and the means by which it intends to finance them.
32 The proposed budget and financial plan shall be based on the
33 Authority's estimate of funds to be made available to the

 

 

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1 Suburban Bus Board by or through the Authority and shall
2 conform in all respects to the requirements established by the
3 Authority. The proposed program and budget shall contain a
4 statement of the funds estimated to be on hand at the beginning
5 of the fiscal year, the funds estimated to be received from all
6 sources for such year and the funds estimated to be on hand at
7 the end of such year. After adoption of the Authority's first
8 Five-Year Program, as provided in Section 2.01 of this Act, the
9 proposed program and budget shall specifically identify any
10 respect in which the recommended program deviates from the
11 Authority's then existing Five-Year Program, giving the
12 reasons for such deviation. The fiscal year of the Division
13 shall be the same as the fiscal year of the Authority. Before
14 the proposed budget and program and financial plan are
15 submitted to the Authority, the Suburban Bus Board shall hold
16 at least one public hearing thereon in each of the counties in
17 the metropolitan region in which the Division provides service.
18 The Suburban Bus Board shall hold at least one meeting for
19 consideration of the proposed program and budget with the
20 county board of each of the several counties in the
21 metropolitan region in which the Division provides service.
22 After conducting such hearings and holding such meetings and
23 after making such changes in the proposed program and budget as
24 the Suburban Bus Board deems appropriate, it shall adopt an
25 annual budget ordinance at least by November 15 next preceding
26 the beginning of each fiscal year. The budget and program, and
27 financial plan shall then be submitted to the Authority as
28 provided in Section 4.11. In the event that the Board of the
29 Authority determines that the budget and program, and financial
30 plan do not meet the standards of Section 4.11, the Suburban
31 Bus Board shall make such changes as are necessary to meet such
32 requirements and adopt an amended budget ordinance. The amended
33 budget ordinance shall be resubmitted to the Authority pursuant
34 to Section 4.11. The ordinance shall appropriate such sums of

 

 

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1 money as are deemed necessary to defray all necessary expenses
2 and obligations of the Division, specifying purposes and the
3 objects or programs for which appropriations are made and the
4 amount appropriated for each object or program. Additional
5 appropriations, transfers between items and other changes in
6 such ordinance which do not alter the basis upon which the
7 balanced budget determination was made by the Board of the
8 Authority may be made from time to time by the Suburban Bus
9 Board.
10     The budget shall:
11     (i) show a balance between (A) anticipated revenues from
12 all sources including operating subsidies and (B) the costs of
13 providing the services specified and of funding any operating
14 deficits or encumbrances incurred in prior periods, including
15 provision for payment when due of principal and interest on
16 outstanding indebtedness;
17     (ii) show cash balances including the proceeds of any
18 anticipated cash flow borrowing sufficient to pay with
19 reasonable promptness all costs and expenses as incurred;
20     (iii) provide for a level of fares or charges and operating
21 or administrative costs for the public transportation provided
22 by or subject to the jurisdiction of the Suburban Bus Board
23 sufficient to allow the Suburban Bus Board to meet its required
24 system generated revenues recovery ratio and, beginning with
25 the 2007 fiscal year, its system generated ADA paratransit
26 services revenue recovery ratio;
27     (iv) be based upon and employ assumptions and projections
28 which are reasonable and prudent;
29     (v) have been prepared in accordance with sound financial
30 practices as determined by the Board of the Authority; and
31     (vi) meet such other uniform financial, budgetary, or
32 fiscal requirements that the Board of the Authority may by rule
33 or regulation establish.
34 (Source: P.A. 83-886.)
 

 

 

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1     (70 ILCS 3615/4.01)  (from Ch. 111 2/3, par. 704.01)
2     Sec. 4.01. Budget and Program.
3     (a) The Board shall control the finances of the Authority.
4 It shall by ordinance appropriate money to perform the
5 Authority's purposes and provide for payment of debts and
6 expenses of the Authority. Each year the Authority shall
7 prepare and publish a comprehensive annual budget and program
8 document describing the state of the Authority and presenting
9 for the forthcoming fiscal year the Authority's plans for such
10 operations and capital expenditures as the Authority intends to
11 undertake and the means by which it intends to finance them.
12 The proposed program and budget shall contain a statement of
13 the funds estimated to be on hand at the beginning of the
14 fiscal year, the funds estimated to be received from all
15 sources for such year and the funds estimated to be on hand at
16 the end of such year. After adoption of the Authority's first
17 Five-Year Program, as provided in Section 2.01 of this Act, the
18 proposed program and budget shall specifically identify any
19 respect in which the recommended program deviates from the
20 Authority's then existing Five-Year Program, giving the
21 reasons for such deviation. The fiscal year of the Authority
22 shall begin on January 1st and end on the succeeding December
23 31st except that the fiscal year that began October 1, 1982,
24 shall end December 31, 1983. By July 1st 1981 and July 1st of
25 each year thereafter the Director of the Illinois Governor's
26 Office of Management and Budget (formerly Bureau of the Budget)
27 shall submit to the Authority an estimate of revenues for the
28 next fiscal year to be collected from the taxes imposed by the
29 Authority and the amounts to be available in the Public
30 Transportation Fund and the Regional Transportation Authority
31 Occupation and Use Tax Replacement Fund. For the fiscal year
32 ending on December 31, 1983, the Board shall report its results
33 from operations and financial condition to the General Assembly

 

 

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1 and the Governor by January 31. For the fiscal year beginning
2 January 1, 1984, and thereafter, the budget and program shall
3 be presented to the General Assembly and the Governor not later
4 than the preceding December 31st. Before the proposed budget
5 and program is adopted, the Authority shall hold at least one
6 public hearing thereon in the metropolitan region. The Board
7 shall hold at least one meeting for consideration of the
8 proposed program and budget with the county board of each of
9 the several counties in the metropolitan region. After
10 conducting such hearings and holding such meetings and after
11 making such changes in the proposed program and budget as the
12 Board deems appropriate, the Board shall adopt its annual
13 budget ordinance. The ordinance may be adopted only upon the
14 affirmative votes of 9 of its then Directors. The ordinance
15 shall appropriate such sums of money as are deemed necessary to
16 defray all necessary expenses and obligations of the Authority,
17 specifying purposes and the objects or programs for which
18 appropriations are made and the amount appropriated for each
19 object or program. Additional appropriations, transfers
20 between items and other changes in such ordinance may be made
21 from time to time by the Board upon the affirmative votes of 9
22 of its then Directors.
23     (b) The budget shall show a balance between anticipated
24 revenues from all sources and anticipated expenses including
25 funding of operating deficits or the discharge of encumbrances
26 incurred in prior periods and payment of principal and interest
27 when due, and shall show cash balances sufficient to pay with
28 reasonable promptness all obligations and expenses as
29 incurred.
30     The annual budget and financial plan must show:
31          (i) that the level of fares and charges for mass
32     transportation provided by, or under grant or purchase of
33     service contracts of, the Service Boards is sufficient to
34     cause the aggregate of all projected fare revenues from

 

 

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1     such fares and charges received in each fiscal year to
2     equal at least 50% of the aggregate costs of providing such
3     public transportation in such fiscal year. "Fare revenues"
4     include the proceeds of all fares and charges for services
5     provided, contributions received in connection with public
6     transportation from units of local government other than
7     the Authority and from the State pursuant to subsection (i)
8     of Section 2705-305 of the Department of Transportation Law
9     (20 ILCS 2705/2705-305), and all other operating revenues
10     properly included consistent with generally accepted
11     accounting principles but do not include: the proceeds of
12     any borrowings, and, beginning with the 2007 fiscal year,
13     all revenues and receipts, including but not limited to
14     fares and grants received from the federal, State or any
15     unit of local government or other entity, derived from
16     providing ADA paratransit service pursuant to Section 2.30
17     of the Regional Transportation Authority Act. "Costs"
18     include all items properly included as operating costs
19     consistent with generally accepted accounting principles,
20     including administrative costs, but do not include:
21     depreciation; payment of principal and interest on bonds,
22     notes or other evidences of obligation for borrowed money
23     issued by the Authority; payments with respect to public
24     transportation facilities made pursuant to subsection (b)
25     of Section 2.20 of this Act; any payments with respect to
26     rate protection contracts, credit enhancements or
27     liquidity agreements made under Section 4.14; any other
28     cost to which it is reasonably expected that a cash
29     expenditure will not be made; costs up to $5,000,000
30     annually for passenger security including grants,
31     contracts, personnel, equipment and administrative
32     expenses, except in the case of the Chicago Transit
33     Authority, in which case the term does not include costs
34     spent annually by that entity for protection against crime

 

 

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1     as required by Section 27a of the Metropolitan Transit
2     Authority Act; or costs as exempted by the Board for
3     projects pursuant to Section 2.09 of this Act; or,
4     beginning with the 2007 fiscal year, expenses related to
5     providing ADA paratransit service pursuant to Section 2.30
6     of the Regional Transportation Authority Act; and
7         (ii) that the level of fares charged for ADA
8     paratransit services is sufficient to cause the aggregate
9     of all projected revenues from such fares charged and
10     received in each fiscal year to equal at least 10% of the
11     aggregate costs of providing such ADA paratransit services
12     in fiscal years 2007 and 2008 and at least 12% of the
13     aggregate costs of providing such ADA paratransit services
14     in fiscal years 2009 and thereafter; for purposes of this
15     Act, the percentages in this subsection (b)(ii) shall be
16     referred to as the "system generated ADA paratransit
17     services revenue recovery ratio".
18     (c) The actual administrative expenses of the Authority for
19 the fiscal year commencing January 1, 1985 may not exceed
20 $5,000,000. The actual administrative expenses of the
21 Authority for the fiscal year commencing January 1, 1986, and
22 for each fiscal year thereafter shall not exceed the maximum
23 administrative expenses for the previous fiscal year plus 5%.
24 "Administrative expenses" are defined for purposes of this
25 Section as all expenses except: (1) capital expenses and
26 purchases of the Authority on behalf of the Service Boards; (2)
27 payments to Service Boards; and (3) payment of principal and
28 interest on bonds, notes or other evidence of obligation for
29 borrowed money issued by the Authority; (4) costs for passenger
30 security including grants, contracts, personnel, equipment and
31 administrative expenses; (5) payments with respect to public
32 transportation facilities made pursuant to subsection (b) of
33 Section 2.20 of this Act; and (6) any payments with respect to
34 rate protection contracts, credit enhancements or liquidity

 

 

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1 agreements made pursuant to Section 4.14.
2     (d) After withholding 15% of the proceeds of any tax
3 imposed by the Authority and 15% of money received by the
4 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) Moneys received by the Authority on account of
27 transfers to the Regional Transportation Authority Occupation
28 and Use Tax Replacement Fund from the State and Local Sales Tax
29 Reform Fund shall be allocated among the Authority and the
30 Service Boards as follows: 15% of such moneys shall be retained
31 by the Authority and the remaining 85% shall be transferred to
32 the Service Boards as soon as may be practicable after the
33 Authority receives payment. Moneys which are distributable to
34 the Service Boards pursuant to the preceding sentence shall be

 

 

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1 allocated among the Service Boards on the basis of each Service
2 Board's distribution ratio. The term "distribution ratio"
3 means, for purposes of this subsection (e) of this Section
4 4.01, the ratio of the total amount distributed to a Service
5 Board pursuant to subsection (d) of Section 4.01 for the
6 immediately preceding calendar year to the total amount
7 distributed to all of the Service Boards pursuant to subsection
8 (d) of Section 4.01 for the immediately preceding calendar
9 year.
10     To further and accomplish the preparation of the annual
11 budget and program as well as the Five-Year Program provided
12 for in Section 2.01 of this Act and to make such interim
13 management decisions as may be necessary, the Board shall
14 employ staff which shall: (1) evaluate for the Board public
15 transportation programs operated or proposed by transportation
16 agencies in terms of goals, costs and relative priorities; (2)
17 keep the Board informed of the public transportation programs
18 and accomplishments of such transportation agencies; and (3)
19 coordinate the development and implementation of public
20 transportation programs to the end that the monies available to
21 the Authority may be expended in the most economical manner
22 possible with the least possible duplication. Under such
23 regulations as the Board may prescribe, all Service Boards,
24 transportation agencies, comprehensive planning agencies or
25 transportation planning agencies in the metropolitan region
26 shall furnish to the Board such information pertaining to
27 public transportation or relevant for plans therefor as it may
28 from time to time require, upon payment to any such agency or
29 Service Board of the reasonable additional cost of its so
30 providing such information except as may otherwise be provided
31 by agreement with the Authority, and the Board or any duly
32 authorized employee of the Board shall, for the purpose of
33 securing such information, have access to, and the right to
34 examine, all books, documents, papers or records of any such

 

 

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1 agency or Service Board pertaining to public transportation or
2 relevant for plans therefor.
3 (Source: P.A. 91-51, eff. 6-30-99; 91-239, eff. 1-1-00; revised
4 8-23-03.)
 
5     (70 ILCS 3615/4.09)  (from Ch. 111 2/3, par. 704.09)
6     Sec. 4.09. Public Transportation Fund and the Regional
7 Transportation Authority Occupation and Use Tax Replacement
8 Fund.
9     (a) As soon as possible after the first day of each month,
10 beginning November 1, 1983, the Comptroller shall order
11 transferred and the Treasurer shall transfer from the General
12 Revenue Fund to a special fund in the State Treasury, to be
13 known as the "Public Transportation Fund" $9,375,000 for each
14 month remaining in State fiscal year 1984. As soon as possible
15 after the first day of each month, beginning July 1, 1984, upon
16 certification of the Department of Revenue, the Comptroller
17 shall order transferred and the Treasurer shall transfer from
18 the General Revenue Fund to the Public Transportation Fund an
19 amount equal to 25% of the net revenue, before the deduction of
20 the serviceman and retailer discounts pursuant to Section 9 of
21 the Service Occupation Tax Act and Section 3 of the Retailers'
22 Occupation Tax Act, realized from any tax imposed by the
23 Authority pursuant to Sections 4.03 and 4.03.1 and 25% of the
24 amounts deposited into the Regional Transportation Authority
25 tax fund created by Section 4.03 of this Act, from the County
26 and Mass Transit District Fund as provided in Section 6z-20 of
27 the State Finance Act and 25% of the amounts deposited into the
28 Regional Transportation Authority Occupation and Use Tax
29 Replacement Fund from the State and Local Sales Tax Reform Fund
30 as provided in Section 6z-17 of the State Finance Act. Net
31 revenue realized for a month shall be the revenue collected by
32 the State pursuant to Sections 4.03 and 4.03.1 during the
33 previous month from within the metropolitan region, less the

 

 

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1 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).

 

 

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1     (c) In recognition of the efforts of the Authority to
2 enhance the mass transportation facilities under its control,
3 the State shall provide financial assistance ("Additional
4 State Assistance") in excess of the amounts transferred to the
5 Authority from the General Revenue Fund under subsection (a) of
6 this Section. Additional State Assistance shall be calculated
7 as provided in subsection (d), but shall in no event exceed the
8 following specified amounts with respect to the following State
9 fiscal years:
10        1990$5,000,000;
11        1991$5,000,000;
12        1992$10,000,000;
13        1993$10,000,000;
14        1994$20,000,000;
15        1995$30,000,000;
16        1996$40,000,000;
17        1997$50,000,000;
18        1998$55,000,000; and
19        each year thereafter$55,000,000.
20     (c-5) The State shall provide financial assistance
21 ("Additional Financial Assistance") in addition to the
22 Additional State Assistance provided by subsection (c) and the
23 amounts transferred to the Authority from the General Revenue
24 Fund under subsection (a) of this Section. Additional Financial
25 Assistance provided by this subsection shall be calculated as
26 provided in subsection (d), but shall in no event exceed the
27 following specified amounts with respect to the following State
28 fiscal years:
29        2000$0;
30        2001$16,000,000;
31        2002$35,000,000;
32        2003$54,000,000;
33        2004$73,000,000;
34        2005$93,000,000; and

 

 

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1        each year thereafter$100,000,000.
2     (d) Beginning with State fiscal year 1990 and continuing
3 for each State fiscal year thereafter, the Authority shall
4 annually certify to the State Comptroller and State Treasurer,
5 separately with respect to each of subdivisions (g)(2) and
6 (g)(3) of Section 4.04 of this Act, the following amounts:
7         (1) The amount necessary and required, during the State
8     fiscal year with respect to which the certification is
9     made, to pay its obligations for debt service on all
10     outstanding bonds or notes issued by the Authority under
11     subdivisions (g)(2) and (g)(3) of Section 4.04 of this Act.
12         (2) An estimate of the amount necessary and required to
13     pay its obligations for debt service for any bonds or notes
14     which the Authority anticipates it will issue under
15     subdivisions (g)(2) and (g)(3) of Section 4.04 during that
16     State fiscal year.
17         (3) Its debt service savings during the preceding State
18     fiscal year from refunding or advance refunding of bonds or
19     notes issued under subdivisions (g)(2) and (g)(3) of
20     Section 4.04.
21         (4) The amount of interest, if any, earned by the
22     Authority during the previous State fiscal year on the
23     proceeds of bonds or notes issued pursuant to subdivisions
24     (g)(2) and (g)(3) of Section 4.04, other than refunding or
25     advance refunding bonds or notes.
26     The certification shall include a specific schedule of debt
27 service payments, including the date and amount of each payment
28 for all outstanding bonds or notes and an estimated schedule of
29 anticipated debt service for all bonds and notes it intends to
30 issue, if any, during that State fiscal year, including the
31 estimated date and estimated amount of each payment.
32     Immediately upon the issuance of bonds for which an
33 estimated schedule of debt service payments was prepared, the
34 Authority shall file an amended certification with respect to

 

 

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1 item (2) above, to specify the actual schedule of debt service
2 payments, including the date and amount of each payment, for
3 the remainder of the State fiscal year.
4     On the first day of each month of the State fiscal year in
5 which there are bonds outstanding with respect to which the
6 certification is made, the State Comptroller shall order
7 transferred and the State Treasurer shall transfer from the
8 General Revenue Fund to the Public Transportation Fund the
9 Additional State Assistance and Additional Financial
10 Assistance in an amount equal to the aggregate of (i)
11 one-twelfth of the sum of the amounts certified under items (1)
12 and (3) above less the amount certified under item (4) above,
13 plus (ii) the amount required to pay debt service on bonds and
14 notes issued during the fiscal year, if any, divided by the
15 number of months remaining in the fiscal year after the date of
16 issuance, or some smaller portion as may be necessary under
17 subsection (c) or (c-5) of this Section for the relevant State
18 fiscal year, plus (iii) any cumulative deficiencies in
19 transfers for prior months, until an amount equal to the sum of
20 the amounts certified under items (1) and (3) above, plus the
21 actual debt service certified under item (2) above, less the
22 amount certified under item (4) above, has been transferred;
23 except that these transfers are subject to the following
24 limits:
25         (A) In no event shall the total transfers in any State
26     fiscal year relating to outstanding bonds and notes issued
27     by the Authority under subdivision (g)(2) of Section 4.04
28     exceed the lesser of the annual maximum amount specified in
29     subsection (c) or the sum of the amounts certified under
30     items (1) and (3) above, plus the actual debt service
31     certified under item (2) above, less the amount certified
32     under item (4) above, with respect to those bonds and
33     notes.
34         (B) In no event shall the total transfers in any State

 

 

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1     fiscal year relating to outstanding bonds and notes issued
2     by the Authority under subdivision (g)(3) of Section 4.04
3     exceed the lesser of the annual maximum amount specified in
4     subsection (c-5) or the sum of the amounts certified under
5     items (1) and (3) above, plus the actual debt service
6     certified under item (2) above, less the amount certified
7     under item (4) above, with respect to those bonds and
8     notes.
9     The term "outstanding" does not include bonds or notes for
10 which refunding or advance refunding bonds or notes have been
11 issued.
12     (e) Neither Additional State Assistance nor Additional
13 Financial Assistance may be pledged, either directly or
14 indirectly as general revenues of the Authority, as security
15 for any bonds issued by the Authority. The Authority may not
16 assign its right to receive Additional State Assistance or
17 Additional Financial Assistance, or direct payment of
18 Additional State Assistance or Additional Financial
19 Assistance, to a trustee or any other entity for the payment of
20 debt service on its bonds.
21     (f) The certification required under subsection (d) with
22 respect to outstanding bonds and notes of the Authority shall
23 be filed as early as practicable before the beginning of the
24 State fiscal year to which it relates. The certification shall
25 be revised as may be necessary to accurately state the debt
26 service requirements of the Authority.
27     (g) Within 6 months of the end of the 3 month period ending
28 December 31, 1983, and each fiscal year thereafter, the
29 Authority shall determine:
30         (i) whether the aggregate of all system generated
31     revenues for public transportation in the metropolitan
32     region which is provided by, or under grant or purchase of
33     service contracts with, the Service Boards equals 50% of
34     the aggregate of all costs of providing such public

 

 

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1     transportation. "System generated revenues" include all
2     the proceeds of fares and charges for services provided,
3     contributions received in connection with public
4     transportation from units of local government other than
5     the Authority and from the State pursuant to subsection (i)
6     of Section 2705-305 of the Department of Transportation Law
7     (20 ILCS 2705/2705-305), and all other revenues properly
8     included consistent with generally accepted accounting
9     principles but may not include: the proceeds from any
10     borrowing, and, beginning with the 2007 fiscal year, all
11     revenues and receipts, including but not limited to fares
12     and grants received from the federal, State or any unit of
13     local government or other entity, derived from providing
14     ADA paratransit service pursuant to Section 2.30 of the
15     Regional Transportation Authority Act. "Costs" include all
16     items properly included as operating costs consistent with
17     generally accepted accounting principles, including
18     administrative costs, but do not include: depreciation;
19     payment of principal and interest on bonds, notes or other
20     evidences of obligations for borrowed money of the
21     Authority; payments with respect to public transportation
22     facilities made pursuant to subsection (b) of Section 2.20;
23     any payments with respect to rate protection contracts,
24     credit enhancements or liquidity agreements made under
25     Section 4.14; any other cost as to which it is reasonably
26     expected that a cash expenditure will not be made; costs up
27     to $5,000,000 annually for passenger security including
28     grants, contracts, personnel, equipment and administrative
29     expenses, except in the case of the Chicago Transit
30     Authority, in which case the term does not include costs
31     spent annually by that entity for protection against crime
32     as required by Section 27a of the Metropolitan Transit
33     Authority Act; or costs as exempted by the Board for
34     projects pursuant to Section 2.09 of this Act; or,

 

 

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1     beginning with the 2007 fiscal year, expenses related to
2     providing ADA paratransit service pursuant to Section 2.30
3     of the Regional Transportation Authority Act. If said
4     system generated revenues are less than 50% of said costs,
5     the Board shall remit an amount equal to the amount of the
6     deficit to the State. The Treasurer shall deposit any such
7     payment in the General Revenue Fund; and .
8         (ii) whether, beginning with the 2007 fiscal year, the
9     aggregate of all fares charged and received for ADA
10     paratransit services equals the system generated ADA
11     paratransit services revenue recovery ratio percentage of
12     the aggregate of all costs of providing such ADA
13     paratransit services.
14     (h) If the Authority makes any payment to the State under
15 paragraph (g), the Authority shall reduce the amount provided
16 to a Service Board from funds transferred under paragraph (a)
17 in proportion to the amount by which that Service Board failed
18 to meet its required system generated revenues recovery ratio.
19 A Service Board which is affected by a reduction in funds under
20 this paragraph shall submit to the Authority concurrently with
21 its next due quarterly report a revised budget incorporating
22 the reduction in funds. The revised budget must meet the
23 criteria specified in clauses (i) through (vi) of Section
24 4.11(b)(2). The Board shall review and act on the revised
25 budget as provided in Section 4.11(b)(3).
26 (Source: P.A. 91-37, eff. 7-1-99; 91-51, eff. 6-30-99; 91-239,
27 eff. 1-1-00; 91-357, eff. 7-29-99; 92-16, eff. 6-28-01.)
 
28     (70 ILCS 3615/4.11)  (from Ch. 111 2/3, par. 704.11)
29     Sec. 4.11. Budget Review Powers.
30     (a) The provisions of this Section shall only be applicable
31 to financial periods beginning after December 31, 1983. The
32 Transition Board shall adopt a timetable governing the
33 certification of estimates and any submissions required under

 

 

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1 this Section for fiscal year 1984 which shall control over the
2 provisions of this Act. Based upon estimates which shall be
3 given to the Authority by the Director of the Illinois
4 Governor's Office of Management and Budget (formerly Bureau of
5 the Budget) of the receipts to be received by the Authority
6 from the taxes imposed by the Authority and the authorized
7 estimates of amounts to be available from State and other
8 sources to the Service Boards, and the times at which such
9 receipts and amounts will be available, the Board shall, not
10 later than the next preceding September 15th prior to the
11 beginning of the Authority's next fiscal year, advise each
12 Service Board of the amounts estimated by the Board to be
13 available for such Service Board during such fiscal year and
14 the two following fiscal years and the times at which such
15 amounts will be available. The Board shall, at the same time,
16 also advise each Service Board of its required system generated
17 revenues recovery ratio for the next fiscal year which shall be
18 the percentage of the aggregate costs of providing public
19 transportation by or under jurisdiction of that Service Board
20 which must be recovered from system generated revenues. The
21 Board shall, at the same time, beginning with the 2007 fiscal
22 year, also advise each Service Board that provides ADA
23 paratransit services of its required system generated ADA
24 paratransit services revenue recovery ratio for the next fiscal
25 year which shall be the percentage of the aggregate costs of
26 providing ADA paratransit services by or under jurisdiction of
27 that Service Board which must be recovered from fares charged
28 for such services, except that such required system generated
29 ADA paratransit services revenue recovery ratio shall not
30 exceed the minimum percentage established pursuant to Section
31 4.01(b)(ii) of this Act. In determining a Service Board's
32 system generated revenue recovery ratio, the Board shall
33 consider the historical system generated revenues recovery
34 ratio for the services subject to the jurisdiction of that

 

 

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1 Service Board. The Board shall not increase a Service Board's
2 system generated revenues recovery ratio for the next fiscal
3 year over such ratio for the current fiscal year
4 disproportionately or prejudicially to increases in such
5 ratios for other Service Boards. The Board may, by ordinance,
6 provide that (i) the cost of research and development projects
7 in the fiscal year beginning January 1, 1986 and ending
8 December 31, 1986 conducted pursuant to Section 2.09 of this
9 Act, and (ii) up to $5,000,000 annually of the costs for
10 passenger security, may be exempted from the farebox recovery
11 ratio or the system generated revenues recovery ratio of the
12 Chicago Transit Authority, the Suburban Bus Board, and the
13 Commuter Rail Board, or any of them. For the fiscal year
14 beginning January 1, 1986 and ending December 31, 1986, and for
15 the fiscal year beginning January 1, 1987 and ending December
16 31, 1987, the Board shall, by ordinance, provide that: (1) the
17 amount of a grant, pursuant to Section 2705-310 of the
18 Department of Transportation Law (20 ILCS 2705/2705-310), from
19 the Department of Transportation for the cost of services for
20 the mobility limited provided by the Chicago Transit Authority,
21 and (2) the amount of a grant, pursuant to Section 2705-310 of
22 the Department of Transportation Law (20 ILCS 2705/2705-310),
23 from the Department of Transportation for the cost of services
24 for the mobility limited by the Suburban Bus Board or the
25 Commuter Rail Board, be exempt from the farebox recovery ratio
26 or the system generated revenues recovery ratio.
27     (b)(1) Not later than the next preceding November 15 prior
28 to the commencement of such fiscal year, each Service Board
29 shall submit to the Authority its proposed budget for such
30 fiscal year and its proposed financial plan for the two
31 following fiscal years. Such budget and financial plan shall
32 not project or assume a receipt of revenues from the Authority
33 in amounts greater than those set forth in the estimates
34 provided by the Authority pursuant to subsection (a) of this

 

 

09400HB1663ham002 - 25 - LRB094 03106 BDD 46806 a

1 Section.
2     (2) The Board shall review the proposed budget and
3 financial plan submitted by each Service Board, and shall adopt
4 a consolidated budget and financial plan. The Board shall
5 approve the budget and plan if:
6         (i) the Board has approved the proposed budget and cash
7     flow plan for such fiscal year of each Service Board,
8     pursuant to the conditions set forth in clauses (ii)
9     through (vii) of this paragraph;
10         (ii) such budget and plan show a balance between (A)
11     anticipated revenues from all sources including operating
12     subsidies and (B) the costs of providing the services
13     specified and of funding any operating deficits or
14     encumbrances incurred in prior periods, including
15     provision for payment when due of principal and interest on
16     outstanding indebtedness;
17         (iii) such budget and plan show cash balances including
18     the proceeds of any anticipated cash flow borrowing
19     sufficient to pay with reasonable promptness all costs and
20     expenses as incurred;
21         (iv) such budget and plan provide for a level of fares
22     or charges and operating or administrative costs for the
23     public transportation provided by or subject to the
24     jurisdiction of such Service Board sufficient to allow the
25     Service Board to meet its required system generated revenue
26     recovery ratio and, beginning with the 2007 fiscal year,
27     system generated ADA paratransit services revenue recovery
28     ratio;
29         (v) such budget and plan are based upon and employ
30     assumptions and projections which are reasonable and
31     prudent;
32         (vi) such budget and plan have been prepared in
33     accordance with sound financial practices as determined by
34     the Board; and

 

 

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1         (vii) such budget and plan meet such other financial,
2     budgetary, or fiscal requirements that the Board may by
3     rule or regulation establish.
4     (3) In determining whether the budget and financial plan
5 provide a level of fares or charges sufficient to allow a
6 Service Board to meet its required system generated revenue
7 recovery ratio and, beginning with the 2007 fiscal year, system
8 generated ADA paratransit services revenue recovery ratio
9 under clause (iv) in subparagraph (2), the Board shall allow a
10 Service Board to carry over cash from farebox revenues to
11 subsequent fiscal years.
12     (4) Unless the Board by an affirmative vote of 9 of the
13 then Directors determines that the budget and financial plan of
14 a Service Board meets the criteria specified in clauses (ii)
15 through (vii) of subparagraph (2) of this paragraph (b), the
16 Board shall not release to that Service Board any funds for the
17 periods covered by such budget and financial plan except for
18 the proceeds of taxes imposed by the Authority under Section
19 4.03 which are allocated to the Service Board under Section
20 4.01.
21     (5) If the Board has not found that the budget and
22 financial plan of a Service Board meets the criteria specified
23 in clauses (i) through (vii) of subparagraph (2) of this
24 paragraph (b), the Board shall, five working days after the
25 start of the Service Board's fiscal year adopt a budget and
26 financial plan meeting such criteria for that Service Board.
27     (c)(1) If the Board shall at any time have received a
28 revised estimate, or revises any estimate the Board has made,
29 pursuant to this Section of the receipts to be collected by the
30 Authority which, in the judgment of the Board, requires a
31 change in the estimates on which the budget of any Service
32 Board is based, the Board shall advise the affected Service
33 Board of such revised estimates, and such Service Board shall
34 within 30 days after receipt of such advice submit a revised

 

 

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1 budget incorporating such revised estimates. If the revised
2 estimates require, in the judgment of the Board, that the
3 system generated revenues recovery ratio of one or more Service
4 Boards be revised in order to allow the Authority to meet its
5 required ratio, the Board shall advise any such Service Board
6 of its revised ratio and such Service Board shall within 30
7 days after receipt of such advice submit a revised budget
8 incorporating such revised estimates or ratio.
9     (2) Each Service Board shall, within such period after the
10 end of each fiscal quarter as shall be specified by the Board,
11 report to the Authority its financial condition and results of
12 operations and the financial condition and results of
13 operations of the public transportation services subject to its
14 jurisdiction, as at the end of and for such quarter. If in the
15 judgment of the Board such condition and results are not
16 substantially in accordance with such Service Board's budget
17 for such period, the Board shall so advise such Service Board
18 and such Service Board shall within the period specified by the
19 Board submit a revised budget incorporating such results.
20     (3) If the Board shall determine that a revised budget
21 submitted by a Service Board pursuant to subparagraph (1) or
22 (2) of this paragraph (c) does not meet the criteria specified
23 in clauses (ii) through (vii) of subparagraph (2) of paragraph
24 (b) of this Section, the Board shall not release any monies to
25 that Service Board except the proceeds of taxes imposed by the
26 Authority under Section 4.03 or 4.03.1 which are allocated to
27 the Service Board under Section 4.01. If the Service Board
28 submits a revised financial plan and budget which plan and
29 budget shows that the criteria will be met within a four
30 quarter period, the Board shall continue to release funds to
31 the Service Board. The Board by a 9 vote of its then Directors
32 may require a Service Board to submit a revised financial plan
33 and budget which shows that the criteria will be met in a time
34 period less than four quarters.

 

 

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1     (d) All budgets and financial plans, financial statements,
2 audits and other information presented to the Authority
3 pursuant to this Section or which may be required by the Board
4 to permit it to monitor compliance with the provisions of this
5 Section shall be prepared and presented in such manner and
6 frequency and in such detail as shall have been prescribed by
7 the Board, shall be prepared on both an accrual and cash flow
8 basis as specified by the Board, and shall identify and
9 describe the assumptions and projections employed in the
10 preparation thereof to the extent required by the Board. Except
11 when the Board adopts a budget and a financial plan for a
12 Service Board under paragraph (b)(5), a Service Board shall
13 provide for such levels of transportation services and fares or
14 charges therefor as it deems appropriate and necessary in the
15 preparation of a budget and financial plan meeting the criteria
16 set forth in clauses (ii) through (vii) of subparagraph (2) of
17 paragraph (b) of this Section. The Board shall have access to
18 and the right to examine and copy all books, documents, papers,
19 records, or other source data of a Service Board relevant to
20 any information submitted pursuant to this Section.
21     (e) Whenever this Section requires the Board to make
22 determinations with respect to estimates, budgets or financial
23 plans, or rules or regulations with respect thereto such
24 determinations shall be made upon the affirmative vote of at
25 least 9 of the then Directors and shall be incorporated in a
26 written report of the Board and such report shall be submitted
27 within 10 days after such determinations are made to the
28 Governor, the Mayor of Chicago (if such determinations relate
29 to the Chicago Transit Authority), and the Auditor General of
30 Illinois.
31 (Source: P.A. 91-239, eff. 1-1-00; revised 8-23-03.)
 
32     Section 99. Effective date. This Act takes effect upon
33 becoming law.".