Full Text of SB2514 97th General Assembly
SB2514sam001 97TH GENERAL ASSEMBLY | Sen. Pamela J. Althoff Filed: 2/22/2012
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| 1 | | AMENDMENT TO SENATE BILL 2514
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2514 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The State Finance Act is amended by changing | 5 | | Sections 5, 5d, and 8.3 as follows:
| 6 | | (30 ILCS 105/5) (from Ch. 127, par. 141)
| 7 | | Sec. 5. Special funds.
| 8 | | (a) There are special funds in the State Treasury | 9 | | designated as
specified in the Sections which succeed this | 10 | | Section 5 and precede Section 6.
| 11 | | (b) Except as provided in the Illinois Motor Vehicle Theft | 12 | | Prevention
Act, when any special fund in the State Treasury is | 13 | | discontinued by an Act
of the General Assembly, any balance | 14 | | remaining therein on the effective
date of such Act shall be | 15 | | transferred to the General Revenue Fund, or to
such other fund | 16 | | as such Act shall provide. Warrants outstanding against
such |
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| 1 | | discontinued fund at the time of the transfer of any such | 2 | | balance
therein shall be paid out of the fund to which the | 3 | | transfer was made.
| 4 | | (c) When any special fund in the State Treasury has been | 5 | | inactive
for 18 months or longer, the fund is automatically | 6 | | terminated by operation
of law and the balance remaining in | 7 | | such fund shall be transferred by the
Comptroller to the | 8 | | General Revenue Fund. When a special fund has been
terminated | 9 | | by operation of law as provided in this Section, the General
| 10 | | Assembly shall repeal or amend all Sections of the statutes | 11 | | creating or
otherwise referring to that fund.
| 12 | | The Comptroller shall be allowed the discretion to maintain | 13 | | or dissolve
any federal trust fund which has been inactive for | 14 | | 18 months or longer.
| 15 | | (d) (Blank).
| 16 | | (e) (Blank).
| 17 | | (f) Beginning on the effective date of this amendatory Act | 18 | | of the 97th General Assembly, and notwithstanding any other law | 19 | | to the contrary, neither the Motor Fuel Tax Fund, the State | 20 | | Construction Account Fund, the Public Transportation Fund, the | 21 | | Downstate Public Transportation Fund, the Regional | 22 | | Transportation Authority Occupation and Use Tax Replacement | 23 | | Fund, nor the Road Fund shall be subject to sweeps, | 24 | | administrative charges or chargebacks, or any other fiscal or | 25 | | budgetary maneuver that would transfer any amount from those | 26 | | Funds into any other Fund of the State unless specifically |
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| 1 | | authorized by law prior to the effective date of this | 2 | | amendatory Act of the 97th General Assembly. It shall not be | 3 | | lawful to circumvent this limitation by governmental | 4 | | reorganization or other methods. | 5 | | (Source: P.A. 90-372, eff. 7-1-98.)
| 6 | | (30 ILCS 105/5d) (from Ch. 127, par. 141d)
| 7 | | Sec. 5d.
Except as provided by Section 5e of this Act, the | 8 | | State
Construction Account Fund shall be used exclusively
for | 9 | | the construction, reconstruction and maintenance of the State | 10 | | maintained
highway system. Except as provided by Section 5e of | 11 | | this Act, none of
the money deposited in the State Construction | 12 | | Account
Fund shall be used to pay the cost of administering the | 13 | | Motor Fuel Tax Law
as now or hereafter amended, nor be | 14 | | appropriated for use by the Department
of Transportation to pay | 15 | | the cost of its operations or administration, nor
be used in | 16 | | any manner for the payment of regular or contractual employees
| 17 | | of the State, nor be transferred or allocated by the | 18 | | Comptroller and Treasurer
or be otherwise used, except for the | 19 | | sole purpose of construction,
reconstruction and maintenance | 20 | | of the State maintained highway system as
the Illinois General | 21 | | Assembly shall provide by appropriation from this fund.
| 22 | | Beginning with the month immediately following the effective | 23 | | date of this
amendatory Act of 1985, investment income which is | 24 | | attributable to the
investment of moneys of the State | 25 | | Construction Account Fund shall be
retained in that fund for |
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| 1 | | the uses specified in this Section.
| 2 | | Beginning on the effective date of this amendatory Act of | 3 | | the 97th General Assembly, and notwithstanding any other law to | 4 | | the contrary, the State Construction Account Fund shall not be | 5 | | subject to sweeps, administrative charges or chargebacks, or | 6 | | any other fiscal or budgetary maneuver that would transfer any | 7 | | amount from this Fund into any other Fund of the State unless | 8 | | specifically authorized by law prior to the effective date of | 9 | | this amendatory Act of the 97th General Assembly. It shall not | 10 | | be lawful to circumvent this limitation by governmental | 11 | | reorganization or other methods. | 12 | | (Source: P.A. 84-431.)
| 13 | | (30 ILCS 105/8.3) (from Ch. 127, par. 144.3) | 14 | | Sec. 8.3. Money in the Road Fund shall, if and when the | 15 | | State of
Illinois incurs any bonded indebtedness for the | 16 | | construction of
permanent highways, be set aside and used for | 17 | | the purpose of paying and
discharging annually the principal | 18 | | and interest on that bonded
indebtedness then due and payable, | 19 | | and for no other purpose. The
surplus, if any, in the Road Fund | 20 | | after the payment of principal and
interest on that bonded | 21 | | indebtedness then annually due shall be used as
follows: | 22 | | first -- to pay the cost of administration of Chapters | 23 | | 2 through 10 of
the Illinois Vehicle Code, except the cost | 24 | | of administration of Articles I and
II of Chapter 3 of that | 25 | | Code; and |
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| 1 | | secondly -- for expenses of the Department of | 2 | | Transportation for
construction, reconstruction, | 3 | | improvement, repair, maintenance,
operation, and | 4 | | administration of highways in accordance with the
| 5 | | provisions of laws relating thereto, or for any purpose | 6 | | related or
incident to and connected therewith, including | 7 | | the separation of grades
of those highways with railroads | 8 | | and with highways and including the
payment of awards made | 9 | | by the Illinois Workers' Compensation Commission under the | 10 | | terms of
the Workers' Compensation Act or Workers' | 11 | | Occupational Diseases Act for
injury or death of an | 12 | | employee of the Division of Highways in the
Department of | 13 | | Transportation; or for the acquisition of land and the
| 14 | | erection of buildings for highway purposes, including the | 15 | | acquisition of
highway right-of-way or for investigations | 16 | | to determine the reasonably
anticipated future highway | 17 | | needs; or for making of surveys, plans,
specifications and | 18 | | estimates for and in the construction and maintenance
of | 19 | | flight strips and of highways necessary to provide access | 20 | | to military
and naval reservations, to defense industries | 21 | | and defense-industry
sites, and to the sources of raw | 22 | | materials and for replacing existing
highways and highway | 23 | | connections shut off from general public use at
military | 24 | | and naval reservations and defense-industry sites, or for | 25 | | the
purchase of right-of-way, except that the State shall | 26 | | be reimbursed in
full for any expense incurred in building |
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| 1 | | the flight strips; or for the
operating and maintaining of | 2 | | highway garages; or for patrolling and
policing the public | 3 | | highways and conserving the peace; or for the operating | 4 | | expenses of the Department relating to the administration | 5 | | of public transportation programs; or, during fiscal year | 6 | | 2012 only, for the purposes of a grant not to exceed | 7 | | $8,500,000 to the Regional Transportation Authority on | 8 | | behalf of PACE for the purpose of ADA/Para-transit | 9 | | expenses; or for any of
those purposes or any other purpose | 10 | | that may be provided by law. | 11 | | Appropriations for any of those purposes are payable from | 12 | | the Road
Fund. Appropriations may also be made from the Road | 13 | | Fund for the
administrative expenses of any State agency that | 14 | | are related to motor
vehicles or arise from the use of motor | 15 | | vehicles. | 16 | | Beginning with fiscal year 1980 and thereafter, no Road | 17 | | Fund monies
shall be appropriated to the following Departments | 18 | | or agencies of State
government for administration, grants, or | 19 | | operations; but this
limitation is not a restriction upon | 20 | | appropriating for those purposes any
Road Fund monies that are | 21 | | eligible for federal reimbursement; | 22 | | 1. Department of Public Health; | 23 | | 2. Department of Transportation, only with respect to | 24 | | subsidies for
one-half fare Student Transportation and | 25 | | Reduced Fare for Elderly, except during fiscal year 2012 | 26 | | only when no more than $40,000,000 may be expended; |
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| 1 | | 3. Department of Central Management
Services, except | 2 | | for expenditures
incurred for group insurance premiums of | 3 | | appropriate personnel whose total compensation is paid | 4 | | from the Road Fund ; | 5 | | 4. Judicial Systems and Agencies. | 6 | | Beginning with fiscal year 1981 and thereafter, no Road | 7 | | Fund monies
shall be appropriated to the following Departments | 8 | | or agencies of State
government for administration, grants, or | 9 | | operations; but this
limitation is not a restriction upon | 10 | | appropriating for those purposes any
Road Fund monies that are | 11 | | eligible for federal reimbursement: | 12 | | 1. Department of State Police, except for expenditures | 13 | | with
respect to the Division of Operations; | 14 | | 2. Department of Transportation, only with respect to | 15 | | Intercity Rail
Subsidies, except during fiscal year 2012 | 16 | | only when no more than $40,000,000 may be expended, and | 17 | | Rail Freight Services. | 18 | | Beginning with fiscal year 1982 and thereafter, no Road | 19 | | Fund monies
shall be appropriated to the following Departments | 20 | | or agencies of State
government for administration, grants, or | 21 | | operations; but this
limitation is not a restriction upon | 22 | | appropriating for those purposes any
Road Fund monies that are | 23 | | eligible for federal reimbursement: Department
of Central | 24 | | Management Services, except for awards made by
the Illinois | 25 | | Workers' Compensation Commission under the terms of the | 26 | | Workers' Compensation Act
or Workers' Occupational Diseases |
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| 1 | | Act for injury or death of an employee of
the Division of | 2 | | Highways in the Department of Transportation. | 3 | | Beginning with fiscal year 1984 and thereafter, no Road | 4 | | Fund monies
shall be appropriated to the following Departments | 5 | | or agencies of State
government for administration, grants, or | 6 | | operations; but this
limitation is not a restriction upon | 7 | | appropriating for those purposes any
Road Fund monies that are | 8 | | eligible for federal reimbursement: | 9 | | 1. Department of State Police, except not more than 40% | 10 | | of the
funds appropriated for the Division of Operations; | 11 | | 2. State Officers. | 12 | | Beginning with fiscal year 1984 and thereafter, no Road | 13 | | Fund monies
shall be appropriated to any Department or agency | 14 | | of State government
for administration, grants, or operations | 15 | | except as provided hereafter;
but this limitation is not a | 16 | | restriction upon appropriating for those
purposes any Road Fund | 17 | | monies that are eligible for federal
reimbursement. It shall | 18 | | not be lawful to circumvent the above
appropriation limitations | 19 | | by governmental reorganization or other
methods. | 20 | | Appropriations shall be made from the Road Fund only in
| 21 | | accordance with the provisions of this Section. | 22 | | Money in the Road Fund shall, if and when the State of | 23 | | Illinois
incurs any bonded indebtedness for the construction of | 24 | | permanent
highways, be set aside and used for the purpose of | 25 | | paying and
discharging during each fiscal year the principal | 26 | | and interest on that
bonded indebtedness as it becomes due and |
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| 1 | | payable as provided in the
Transportation Bond Act, and for no | 2 | | other
purpose. The surplus, if any, in the Road Fund after the | 3 | | payment of
principal and interest on that bonded indebtedness | 4 | | then annually due
shall be used as follows: | 5 | | first -- to pay the cost of administration of Chapters | 6 | | 2 through 10
of the Illinois Vehicle Code; and | 7 | | secondly -- no Road Fund monies derived from fees, | 8 | | excises, or
license taxes relating to registration, | 9 | | operation and use of vehicles on
public highways or to | 10 | | fuels used for the propulsion of those vehicles,
shall be | 11 | | appropriated or expended other than for costs of | 12 | | administering
the laws imposing those fees, excises, and | 13 | | license taxes, statutory
refunds and adjustments allowed | 14 | | thereunder, administrative costs of the
Department of | 15 | | Transportation, including, but not limited to, the | 16 | | operating expenses of the Department relating to the | 17 | | administration of public transportation programs, payment | 18 | | of debts and liabilities incurred
in construction and | 19 | | reconstruction of public highways and bridges,
acquisition | 20 | | of rights-of-way for and the cost of construction,
| 21 | | reconstruction, maintenance, repair, and operation of | 22 | | public highways and
bridges under the direction and | 23 | | supervision of the State, political
subdivision, or | 24 | | municipality collecting those monies, or during fiscal | 25 | | year 2012 only for the purposes of a grant not to exceed | 26 | | $8,500,000 to the Regional Transportation Authority on |
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| 1 | | behalf of PACE for the purpose of ADA/Para-transit | 2 | | expenses, and the costs for
patrolling and policing the | 3 | | public highways (by State, political
subdivision, or | 4 | | municipality collecting that money) for enforcement of
| 5 | | traffic laws. The separation of grades of such highways | 6 | | with railroads
and costs associated with protection of | 7 | | at-grade highway and railroad
crossing shall also be | 8 | | permissible. | 9 | | Appropriations for any of such purposes are payable from | 10 | | the Road
Fund or the Grade Crossing Protection Fund as provided | 11 | | in Section 8 of
the Motor Fuel Tax Law. | 12 | | Except as provided in this paragraph, beginning with fiscal | 13 | | year 1991 and
thereafter, no Road Fund monies
shall be | 14 | | appropriated to the Department of State Police for the purposes | 15 | | of
this Section in excess of its total fiscal year 1990 Road | 16 | | Fund
appropriations for those purposes unless otherwise | 17 | | provided in Section 5g of
this Act.
For fiscal years 2003,
| 18 | | 2004, 2005, 2006, and 2007 only, no Road Fund monies shall
be | 19 | | appropriated to the
Department of State Police for the purposes | 20 | | of this Section in excess of
$97,310,000.
For fiscal year 2008 | 21 | | only, no Road
Fund monies shall be appropriated to the | 22 | | Department of State Police for the purposes of
this Section in | 23 | | excess of $106,100,000. For fiscal year 2009 only, no Road Fund | 24 | | monies shall be appropriated to the Department of State Police | 25 | | for the purposes of this Section in excess of $114,700,000. | 26 | | Beginning in fiscal year 2010, no road fund moneys shall be |
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| 1 | | appropriated to the Department of State Police. It shall not be | 2 | | lawful to circumvent this limitation on
appropriations by | 3 | | governmental reorganization or other methods unless
otherwise | 4 | | provided in Section 5g of this Act. | 5 | | In fiscal year 1994, no Road Fund monies shall be | 6 | | appropriated
to the
Secretary of State for the purposes of this | 7 | | Section in excess of the total
fiscal year 1991 Road Fund | 8 | | appropriations to the Secretary of State for
those purposes, | 9 | | plus $9,800,000. It
shall not be
lawful to circumvent
this | 10 | | limitation on appropriations by governmental reorganization or | 11 | | other
method. | 12 | | Beginning with fiscal year 1995 and thereafter, no Road | 13 | | Fund
monies
shall be appropriated to the Secretary of State for | 14 | | the purposes of this
Section in excess of the total fiscal year | 15 | | 1994 Road Fund
appropriations to
the Secretary of State for | 16 | | those purposes. It shall not be lawful to
circumvent this | 17 | | limitation on appropriations by governmental reorganization
or | 18 | | other methods. | 19 | | Beginning with fiscal year 2000, total Road Fund | 20 | | appropriations to the
Secretary of State for the purposes of | 21 | | this Section shall not exceed the
amounts specified for the | 22 | | following fiscal years: | |
23 | | Fiscal Year 2000 | $80,500,000; | |
24 | | Fiscal Year 2001 | $80,500,000; | |
25 | | Fiscal Year 2002 | $80,500,000; | |
26 | | Fiscal Year 2003 | $130,500,000; | |
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| 1 | | Fiscal Year 2004 | $130,500,000; | |
2 | | Fiscal Year 2005 | $130,500,000;
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3 | | Fiscal Year 2006
| $130,500,000;
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4 | | Fiscal Year 2007
| $130,500,000;
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5 | | Fiscal Year 2008 | $130,500,000; | |
6 | | Fiscal Year 2009 | $130,500,000. |
| 7 | | For fiscal year 2010, no road fund moneys shall be | 8 | | appropriated to the Secretary of State. | 9 | | Beginning in fiscal year 2011, moneys in the Road Fund | 10 | | shall be appropriated to the Secretary of State for the | 11 | | exclusive purpose of paying refunds due to overpayment of fees | 12 | | related to Chapter 3 of the Illinois Vehicle Code unless | 13 | | otherwise provided for by law. | 14 | | It shall not be lawful to circumvent this limitation on | 15 | | appropriations by
governmental reorganization or other | 16 | | methods. | 17 | | No new program may be initiated in fiscal year 1991 and
| 18 | | thereafter that is not consistent with the limitations imposed | 19 | | by this
Section for fiscal year 1984 and thereafter, insofar as | 20 | | appropriation of
Road Fund monies is concerned. | 21 | | Nothing in this Section prohibits transfers from the Road | 22 | | Fund to the
State Construction Account Fund under Section 5e of | 23 | | this Act; nor to the
General Revenue Fund, as authorized by | 24 | | this amendatory Act of
the 93rd
General Assembly. | 25 | | The additional amounts authorized for expenditure in this | 26 | | Section by Public Acts 92-0600, 93-0025, 93-0839, and 94-91
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| 1 | | shall be repaid to the Road Fund
from the General Revenue Fund | 2 | | in the next succeeding fiscal year that the
General Revenue | 3 | | Fund has a positive budgetary balance, as determined by
| 4 | | generally accepted accounting principles applicable to | 5 | | government. | 6 | | The additional amounts authorized for expenditure by the | 7 | | Secretary of State
and
the Department of State Police in this | 8 | | Section by this amendatory Act of the
94th General Assembly | 9 | | shall be repaid to the Road Fund from the General Revenue Fund | 10 | | in the
next
succeeding fiscal year that the General Revenue | 11 | | Fund has a positive budgetary
balance,
as determined by | 12 | | generally accepted accounting principles applicable to
| 13 | | government. | 14 | | Beginning on the effective date of this amendatory Act of | 15 | | the 97th General Assembly, and notwithstanding any other law to | 16 | | the contrary, the Road Fund shall not be subject to sweeps, | 17 | | administrative charges or chargebacks, or any other fiscal or | 18 | | budgetary maneuver that would transfer any amount from this | 19 | | Fund into any other Fund of the State unless specifically | 20 | | authorized by law prior to the effective date of this | 21 | | amendatory Act of the 97th General Assembly. It shall not be | 22 | | lawful to circumvent this limitation by governmental | 23 | | reorganization or other methods. | 24 | | (Source: P.A. 96-34, eff. 7-13-09; 96-959, eff. 7-1-10; 97-72, | 25 | | eff. 7-1-11.) |
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| 1 | | Section 10. The Downstate Public Transportation Act is | 2 | | amended by changing Sections 2-3 and 2-15 as follows:
| 3 | | (30 ILCS 740/2-3) (from Ch. 111 2/3, par. 663)
| 4 | | Sec. 2-3. (a) As soon as possible after the first day of | 5 | | each month,
beginning July 1, 1984, upon certification of the | 6 | | Department of Revenue,
the Comptroller shall order | 7 | | transferred, and the Treasurer shall
transfer, from the General | 8 | | Revenue Fund to a special fund in the State
Treasury which is | 9 | | hereby created, to be known as the "Downstate Public
| 10 | | Transportation Fund", an amount equal to 2/32 (beginning July | 11 | | 1, 2005, 3/32) of the net revenue
realized from the "Retailers' | 12 | | Occupation Tax Act", as now or hereafter
amended, the "Service | 13 | | Occupation Tax Act", as now or hereafter amended,
the "Use Tax | 14 | | Act", as now or hereafter amended, and the "Service Use Tax
| 15 | | Act", as now or hereafter amended, from persons incurring | 16 | | municipal or
county retailers' or service occupation tax | 17 | | liability for the benefit of
any municipality or county located | 18 | | wholly within the boundaries of each
participant other than any | 19 | | Metro-East Transit District participant
certified pursuant to | 20 | | subsection (c) of this Section during the
preceding month, | 21 | | except that the Department shall pay into the Downstate
Public | 22 | | Transportation Fund 2/32 (beginning July 1, 2005, 3/32) of 80% | 23 | | of the net revenue realized under
the State tax Acts named | 24 | | above within any municipality or county located
wholly within | 25 | | the boundaries of each participant, other than any Metro-East
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| 1 | | participant, for tax periods beginning on or after January 1, | 2 | | 1990.
Net revenue realized for a month shall be the revenue
| 3 | | collected by the State pursuant to such Acts during the | 4 | | previous month
from persons incurring municipal or county | 5 | | retailers' or service
occupation tax liability for the benefit | 6 | | of any municipality or county
located wholly within the | 7 | | boundaries of a participant, less the amount
paid out during | 8 | | that same month as refunds or credit memoranda to
taxpayers for | 9 | | overpayment of liability under such Acts for the benefit
of any | 10 | | municipality or county located wholly within the boundaries of | 11 | | a
participant.
| 12 | | (b) As soon as possible after the first day of each month, | 13 | | beginning
July 1, 1989, upon certification of the Department of | 14 | | Revenue, the
Comptroller shall order transferred, and the | 15 | | Treasurer shall transfer, from
the General Revenue Fund to a | 16 | | special fund in the State Treasury which is
hereby created, to | 17 | | be known as the "Metro-East Public Transportation Fund",
an | 18 | | amount equal to 2/32 of the net revenue realized, as above, | 19 | | from within
the boundaries of Madison, Monroe, and St. Clair | 20 | | Counties, except that the
Department shall pay into the | 21 | | Metro-East Public Transportation Fund 2/32 of
80% of the net | 22 | | revenue realized under the State tax Acts specified in
| 23 | | subsection (a) of this Section within the boundaries of
| 24 | | Madison, Monroe and St. Clair Counties for tax periods | 25 | | beginning on or
after January 1, 1990. A local match
equivalent | 26 | | to an amount which could be raised by a tax levy at the rate of
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| 1 | | .05% on the assessed value of property within the boundaries of | 2 | | Madison County is required annually to cause a total of 2/32
of | 3 | | the net revenue to be deposited in the Metro-East Public | 4 | | Transportation
Fund. Failure to raise the required local match | 5 | | annually shall result in
only 1/32 being deposited into the | 6 | | Metro-East Public Transportation Fund
after July 1, 1989, or | 7 | | 1/32 of 80% of the net revenue realized for tax
periods | 8 | | beginning on or after January 1, 1990.
| 9 | | (b-5) As soon as possible after the first day of each | 10 | | month, beginning July 1, 2005, upon certification of the | 11 | | Department of Revenue, the Comptroller shall order | 12 | | transferred, and the Treasurer shall transfer, from the General | 13 | | Revenue Fund to the Downstate Public Transportation Fund, an | 14 | | amount equal to 3/32 of 80% of the net revenue realized from | 15 | | within the boundaries of Monroe and St. Clair Counties under | 16 | | the State Tax Acts specified in subsection (a) of this Section | 17 | | and provided further that, beginning July 1, 2005, the | 18 | | provisions of subsection (b) shall no longer apply with respect | 19 | | to such tax receipts from Monroe and St. Clair Counties.
| 20 | | (b-6) As soon as possible after the first day of each | 21 | | month, beginning July 1, 2008, upon certification by the | 22 | | Department of Revenue, the Comptroller shall order transferred | 23 | | and the Treasurer shall transfer, from the General Revenue Fund | 24 | | to the Downstate Public Transportation Fund, an amount equal to | 25 | | 3/32 of 80% of the net revenue realized from within the | 26 | | boundaries of Madison County under the State Tax Acts specified |
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| 1 | | in subsection (a) of this Section and provided further that, | 2 | | beginning July 1, 2008, the provisions of subsection (b) shall | 3 | | no longer apply with respect to such tax receipts from Madison | 4 | | County. | 5 | | (c) The Department shall certify to the Department of | 6 | | Revenue the
eligible participants under this Article and the | 7 | | territorial boundaries
of such participants for the purposes of | 8 | | the Department of Revenue in
subsections (a) and (b) of this | 9 | | Section.
| 10 | | (d) For the purposes of this Article, beginning in fiscal | 11 | | year 2009 the General Assembly shall appropriate
an amount from | 12 | | the Downstate Public Transportation Fund equal to the sum total | 13 | | funds projected to be paid to the
participants pursuant to | 14 | | Section 2-7. If the General Assembly fails to make | 15 | | appropriations sufficient to cover the amounts projected to be | 16 | | paid pursuant to Section 2-7, this Act shall constitute an | 17 | | irrevocable and continuing appropriation from the Downstate | 18 | | Public Transportation Fund of all amounts necessary for those | 19 | | purposes. | 20 | | (e) Notwithstanding anything in this Section to the | 21 | | contrary, amounts transferred from the General Revenue Fund to | 22 | | the Downstate Public Transportation Fund pursuant to this | 23 | | Section shall not exceed $169,000,000 in State fiscal year | 24 | | 2012. | 25 | | (f) Beginning on the effective date of this amendatory Act | 26 | | of the 97th General Assembly, and notwithstanding any other law |
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| 1 | | to the contrary, the Downstate Public Transportation Fund shall | 2 | | not be subject to sweeps, administrative charges or | 3 | | chargebacks, or any other fiscal or budgetary maneuver that | 4 | | would transfer any amount from this Fund into any other Fund of | 5 | | the State unless specifically authorized by law prior to the | 6 | | effective date of this amendatory Act of the 97th General | 7 | | Assembly. It shall not be lawful to circumvent this limitation | 8 | | by governmental reorganization or other methods.
| 9 | | (Source: P.A. 97-641, eff. 12-19-11.)
| 10 | | (30 ILCS 740/2-15) (from Ch. 111 2/3, par. 675.1)
| 11 | | Sec. 2-15. Residual fund balance. | 12 | | (a) Except as otherwise provided in this Section,
all funds | 13 | | which remain in the Downstate Public Transportation Fund or the
| 14 | | Metro-East Public Transportation Fund after the payment of the | 15 | | fourth quarterly
payment to participants other than Metro-East | 16 | | Transit District
participants and the last monthly payment to | 17 | | Metro-East Transit
participants in each fiscal year shall be | 18 | | transferred (i) to the
General Revenue Fund through fiscal year | 19 | | 2008 and (ii) to the Downstate Transit Improvement Fund for | 20 | | fiscal year 2009 and each fiscal year thereafter. Transfers | 21 | | shall be made no later than 90 days following the end of such | 22 | | fiscal
year. Beginning fiscal year 2010, all moneys each year | 23 | | in the Downstate Transit Improvement Fund, held solely for the | 24 | | benefit of the participants in the Downstate Public | 25 | | Transportation Fund and shall be appropriated to the Department |
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| 1 | | to make competitive capital grants to the participants of the | 2 | | respective funds. However, such amount as the Department | 3 | | determines to be necessary
for (1) allocation to participants | 4 | | for the purposes of Section 2-7 for
the first quarter of the | 5 | | succeeding fiscal year and (2) an amount equal to
2% of the | 6 | | total allocations to participants in the fiscal year just ended
| 7 | | to be used for the purpose of audit adjustments shall be | 8 | | retained in such
Funds to be used by the Department for such | 9 | | purposes.
| 10 | | (b) Notwithstanding any other provision of law, in addition | 11 | | to any other transfers that may be provided by law, on July 1, | 12 | | 2011, or as soon thereafter as practical, the State Comptroller | 13 | | shall direct and the State Treasurer shall transfer the | 14 | | remaining balance from the Metro East Public Transportation | 15 | | Fund into the General Revenue Fund. Upon completion of the | 16 | | transfers, the Metro East Public Transportation Fund is | 17 | | dissolved, and any future deposits due to that Fund and any | 18 | | outstanding obligations or liabilities of that Fund pass to the | 19 | | General Revenue Fund. | 20 | | (c) Beginning on the effective date of this amendatory Act | 21 | | of the 97th General Assembly, and notwithstanding any other law | 22 | | to the contrary, the Downstate Public Transportation Fund shall | 23 | | not be subject to sweeps, administrative charges or | 24 | | chargebacks, or any other fiscal or budgetary maneuver that | 25 | | would transfer any amount from this Fund into any other Fund of | 26 | | the State unless specifically authorized by law prior to the |
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| 1 | | effective date of this amendatory Act of the 97th General | 2 | | Assembly. It shall not be lawful to circumvent this limitation | 3 | | by governmental reorganization or other methods. | 4 | | (Source: P.A. 97-72, eff. 7-1-11.)
| 5 | | Section 15. The Motor Fuel Tax Law is amended by changing | 6 | | Section 8 as follows:
| 7 | | (35 ILCS 505/8) (from Ch. 120, par. 424)
| 8 | | Sec. 8. Except as provided in Section 8a, subdivision
| 9 | | (h)(1) of Section 12a, Section 13a.6, and items
13, 14, 15, and | 10 | | 16 of Section 15, all money received by the Department under
| 11 | | this Act, including payments made to the Department by
member | 12 | | jurisdictions participating in the International Fuel Tax | 13 | | Agreement,
shall be deposited in a special fund in the State | 14 | | treasury, to be known as the
"Motor Fuel Tax Fund", and shall | 15 | | be used as follows:
| 16 | | (a) 2 1/2 cents per gallon of the tax collected on special | 17 | | fuel under
paragraph (b) of Section 2 and Section 13a of this | 18 | | Act shall be transferred
to the State Construction Account Fund | 19 | | in the State Treasury;
| 20 | | (b) $420,000 shall be transferred each month to the State | 21 | | Boating Act
Fund to be used by the Department of Natural | 22 | | Resources for the purposes
specified in Article X of the Boat | 23 | | Registration and Safety Act;
| 24 | | (c) $3,500,000 shall be transferred each month to the Grade |
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| 1 | | Crossing
Protection Fund to be used as follows: not less than | 2 | | $12,000,000 each fiscal
year shall be used for the construction | 3 | | or reconstruction of rail highway grade
separation structures; | 4 | | $2,250,000 in fiscal years 2004 through 2009 and $3,000,000 in | 5 | | fiscal year 2010 and each fiscal
year
thereafter shall be | 6 | | transferred to the Transportation
Regulatory Fund and shall be | 7 | | accounted for as part of the rail carrier
portion of such funds | 8 | | and shall be used to pay the cost of administration
of the | 9 | | Illinois Commerce Commission's railroad safety program in | 10 | | connection
with its duties under subsection (3) of Section | 11 | | 18c-7401 of the Illinois
Vehicle Code, with the remainder to be | 12 | | used by the Department of Transportation
upon order of the | 13 | | Illinois Commerce Commission, to pay that part of the
cost | 14 | | apportioned by such Commission to the State to cover the | 15 | | interest
of the public in the use of highways, roads, streets, | 16 | | or
pedestrian walkways in the
county highway system, township | 17 | | and district road system, or municipal
street system as defined | 18 | | in the Illinois Highway Code, as the same may
from time to time | 19 | | be amended, for separation of grades, for installation,
| 20 | | construction or reconstruction of crossing protection or | 21 | | reconstruction,
alteration, relocation including construction | 22 | | or improvement of any
existing highway necessary for access to | 23 | | property or improvement of any
grade crossing and grade | 24 | | crossing surface including the necessary highway approaches | 25 | | thereto of any
railroad across the highway or public road, or | 26 | | for the installation,
construction, reconstruction, or |
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| 1 | | maintenance of a pedestrian walkway over or
under a railroad | 2 | | right-of-way, as provided for in and in
accordance with Section | 3 | | 18c-7401 of the Illinois Vehicle Code.
The Commission may order | 4 | | up to $2,000,000 per year in Grade Crossing Protection Fund | 5 | | moneys for the improvement of grade crossing surfaces and up to | 6 | | $300,000 per year for the maintenance and renewal of 4-quadrant | 7 | | gate vehicle detection systems located at non-high speed rail | 8 | | grade crossings. The Commission shall not order more than | 9 | | $2,000,000 per year in Grade
Crossing Protection Fund moneys | 10 | | for pedestrian walkways.
In entering orders for projects for | 11 | | which payments from the Grade Crossing
Protection Fund will be | 12 | | made, the Commission shall account for expenditures
authorized | 13 | | by the orders on a cash rather than an accrual basis. For | 14 | | purposes
of this requirement an "accrual basis" assumes that | 15 | | the total cost of the
project is expended in the fiscal year in | 16 | | which the order is entered, while a
"cash basis" allocates the | 17 | | cost of the project among fiscal years as
expenditures are | 18 | | actually made. To meet the requirements of this subsection,
the | 19 | | Illinois Commerce Commission shall develop annual and 5-year | 20 | | project plans
of rail crossing capital improvements that will | 21 | | be paid for with moneys from
the Grade Crossing Protection | 22 | | Fund. The annual project plan shall identify
projects for the | 23 | | succeeding fiscal year and the 5-year project plan shall
| 24 | | identify projects for the 5 directly succeeding fiscal years. | 25 | | The Commission
shall submit the annual and 5-year project plans | 26 | | for this Fund to the Governor,
the President of the Senate, the |
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| 1 | | Senate Minority Leader, the Speaker of the
House of | 2 | | Representatives, and the Minority Leader of the House of
| 3 | | Representatives on
the first Wednesday in April of each year;
| 4 | | (d) of the amount remaining after allocations provided for | 5 | | in
subsections (a), (b) and (c), a sufficient amount shall be | 6 | | reserved to
pay all of the following:
| 7 | | (1) the costs of the Department of Revenue in | 8 | | administering this
Act;
| 9 | | (2) the costs of the Department of Transportation in | 10 | | performing its
duties imposed by the Illinois Highway Code | 11 | | for supervising the use of motor
fuel tax funds apportioned | 12 | | to municipalities, counties and road districts;
| 13 | | (3) refunds provided for in Section 13, refunds for | 14 | | overpayment of decal fees paid under Section 13a.4 of this | 15 | | Act, and refunds provided for under the terms
of the | 16 | | International Fuel Tax Agreement referenced in Section | 17 | | 14a;
| 18 | | (4) from October 1, 1985 until June 30, 1994, the | 19 | | administration of the
Vehicle Emissions Inspection Law, | 20 | | which amount shall be certified monthly by
the | 21 | | Environmental Protection Agency to the State Comptroller | 22 | | and shall promptly
be transferred by the State Comptroller | 23 | | and Treasurer from the Motor Fuel Tax
Fund to the Vehicle | 24 | | Inspection Fund, and for the period July 1, 1994 through
| 25 | | June 30, 2000, one-twelfth of $25,000,000 each month, for | 26 | | the period July 1, 2000 through June 30, 2003,
one-twelfth |
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| 1 | | of
$30,000,000
each month,
and $15,000,000 on July 1, 2003, | 2 | | and $15,000,000 on January 1, 2004, and $15,000,000
on
each
| 3 | | July
1 and October 1, or as soon thereafter as may be | 4 | | practical, during the period July 1, 2004 through June 30, | 5 | | 2012,
for the administration of the Vehicle Emissions | 6 | | Inspection Law of
2005, to be transferred by the State | 7 | | Comptroller and Treasurer from the Motor
Fuel Tax Fund into | 8 | | the Vehicle Inspection Fund;
| 9 | | (5) amounts ordered paid by the Court of Claims; and
| 10 | | (6) payment of motor fuel use taxes due to member | 11 | | jurisdictions under
the terms of the International Fuel Tax | 12 | | Agreement. The Department shall
certify these amounts to | 13 | | the Comptroller by the 15th day of each month; the
| 14 | | Comptroller shall cause orders to be drawn for such | 15 | | amounts, and the Treasurer
shall administer those amounts | 16 | | on or before the last day of each month;
| 17 | | (e) after allocations for the purposes set forth in | 18 | | subsections
(a), (b), (c) and (d), the remaining amount shall | 19 | | be apportioned as follows:
| 20 | | (1) Until January 1, 2000, 58.4%, and beginning January | 21 | | 1, 2000, 45.6%
shall be deposited as follows:
| 22 | | (A) 37% into the State Construction Account Fund, | 23 | | and
| 24 | | (B) 63% into the Road Fund, $1,250,000 of which | 25 | | shall be reserved each
month for the Department of | 26 | | Transportation to be used in accordance with
the |
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| 1 | | provisions of Sections 6-901 through 6-906 of the | 2 | | Illinois Highway Code;
| 3 | | (2) Until January 1, 2000, 41.6%, and beginning January | 4 | | 1, 2000, 54.4%
shall be transferred to the Department of | 5 | | Transportation to be
distributed as follows:
| 6 | | (A) 49.10% to the municipalities of the State,
| 7 | | (B) 16.74% to the counties of the State having | 8 | | 1,000,000 or more inhabitants,
| 9 | | (C) 18.27% to the counties of the State having less | 10 | | than 1,000,000 inhabitants,
| 11 | | (D) 15.89% to the road districts of the State.
| 12 | | As soon as may be after the first day of each month the | 13 | | Department of
Transportation shall allot to each municipality | 14 | | its share of the amount
apportioned to the several | 15 | | municipalities which shall be in proportion
to the population | 16 | | of such municipalities as determined by the last
preceding | 17 | | municipal census if conducted by the Federal Government or
| 18 | | Federal census. If territory is annexed to any municipality | 19 | | subsequent
to the time of the last preceding census the | 20 | | corporate authorities of
such municipality may cause a census | 21 | | to be taken of such annexed
territory and the population so | 22 | | ascertained for such territory shall be
added to the population | 23 | | of the municipality as determined by the last
preceding census | 24 | | for the purpose of determining the allotment for that
| 25 | | municipality. If the population of any municipality was not | 26 | | determined
by the last Federal census preceding any |
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| 1 | | apportionment, the
apportionment to such municipality shall be | 2 | | in accordance with any
census taken by such municipality. Any | 3 | | municipal census used in
accordance with this Section shall be | 4 | | certified to the Department of
Transportation by the clerk of | 5 | | such municipality, and the accuracy
thereof shall be subject to | 6 | | approval of the Department which may make
such corrections as | 7 | | it ascertains to be necessary.
| 8 | | As soon as may be after the first day of each month the | 9 | | Department of
Transportation shall allot to each county its | 10 | | share of the amount
apportioned to the several counties of the | 11 | | State as herein provided.
Each allotment to the several | 12 | | counties having less than 1,000,000
inhabitants shall be in | 13 | | proportion to the amount of motor vehicle
license fees received | 14 | | from the residents of such counties, respectively,
during the | 15 | | preceding calendar year. The Secretary of State shall, on or
| 16 | | before April 15 of each year, transmit to the Department of
| 17 | | Transportation a full and complete report showing the amount of | 18 | | motor
vehicle license fees received from the residents of each | 19 | | county,
respectively, during the preceding calendar year. The | 20 | | Department of
Transportation shall, each month, use for | 21 | | allotment purposes the last
such report received from the | 22 | | Secretary of State.
| 23 | | As soon as may be after the first day of each month, the | 24 | | Department
of Transportation shall allot to the several | 25 | | counties their share of the
amount apportioned for the use of | 26 | | road districts. The allotment shall
be apportioned among the |
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| 1 | | several counties in the State in the proportion
which the total | 2 | | mileage of township or district roads in the respective
| 3 | | counties bears to the total mileage of all township and | 4 | | district roads
in the State. Funds allotted to the respective | 5 | | counties for the use of
road districts therein shall be | 6 | | allocated to the several road districts
in the county in the | 7 | | proportion which the total mileage of such township
or district | 8 | | roads in the respective road districts bears to the total
| 9 | | mileage of all such township or district roads in the county. | 10 | | After
July 1 of any year prior to 2011, no allocation shall be | 11 | | made for any road district
unless it levied a tax for road and | 12 | | bridge purposes in an amount which
will require the extension | 13 | | of such tax against the taxable property in
any such road | 14 | | district at a rate of not less than either .08% of the value
| 15 | | thereof, based upon the assessment for the year immediately | 16 | | prior to the year
in which such tax was levied and as equalized | 17 | | by the Department of Revenue
or, in DuPage County, an amount | 18 | | equal to or greater than $12,000 per mile of
road under the | 19 | | jurisdiction of the road district, whichever is less. Beginning | 20 | | July 1, 2011 and each July 1 thereafter, an allocation shall be | 21 | | made for any road district
if it levied a tax for road and | 22 | | bridge purposes. In counties other than DuPage County, if the | 23 | | amount of the tax levy requires the extension of the tax | 24 | | against the taxable property in
the road district at a rate | 25 | | that is less than 0.08% of the value
thereof, based upon the | 26 | | assessment for the year immediately prior to the year
in which |
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| 1 | | the tax was levied and as equalized by the Department of | 2 | | Revenue, then the amount of the allocation for that road | 3 | | district shall be a percentage of the maximum allocation equal | 4 | | to the percentage obtained by dividing the rate extended by the | 5 | | district by 0.08%. In DuPage County, if the amount of the tax | 6 | | levy requires the extension of the tax against the taxable | 7 | | property in
the road district at a rate that is less than the | 8 | | lesser of (i) 0.08% of the value
of the taxable property in the | 9 | | road district, based upon the assessment for the year | 10 | | immediately prior to the year
in which such tax was levied and | 11 | | as equalized by the Department of Revenue,
or (ii) a rate that | 12 | | will yield an amount equal to $12,000 per mile of
road under | 13 | | the jurisdiction of the road district, then the amount of the | 14 | | allocation for the road district shall be a percentage of the | 15 | | maximum allocation equal to the percentage obtained by dividing | 16 | | the rate extended by the district by the lesser of (i) 0.08% or | 17 | | (ii) the rate that will yield an amount equal to $12,000 per | 18 | | mile of
road under the jurisdiction of the road district. | 19 | | Prior to 2011, if any
road district has levied a special | 20 | | tax for road purposes
pursuant to Sections 6-601, 6-602 and | 21 | | 6-603 of the Illinois Highway Code, and
such tax was levied in | 22 | | an amount which would require extension at a
rate of not less | 23 | | than .08% of the value of the taxable property thereof,
as | 24 | | equalized or assessed by the Department of Revenue,
or, in | 25 | | DuPage County, an amount equal to or greater than $12,000 per | 26 | | mile of
road under the jurisdiction of the road district, |
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| 1 | | whichever is less,
such levy shall, however, be deemed a proper | 2 | | compliance with this
Section and shall qualify such road | 3 | | district for an allotment under this
Section. Beginning in 2011 | 4 | | and thereafter, if any
road district has levied a special tax | 5 | | for road purposes
under Sections 6-601, 6-602, and 6-603 of the | 6 | | Illinois Highway Code, and
the tax was levied in an amount that | 7 | | would require extension at a
rate of not less than 0.08% of the | 8 | | value of the taxable property of that road district,
as | 9 | | equalized or assessed by the Department of Revenue or, in | 10 | | DuPage County, an amount equal to or greater than $12,000 per | 11 | | mile of road under the jurisdiction of the road district, | 12 | | whichever is less, that levy shall be deemed a proper | 13 | | compliance with this
Section and shall qualify such road | 14 | | district for a full, rather than proportionate, allotment under | 15 | | this
Section. If the levy for the special tax is less than | 16 | | 0.08% of the value of the taxable property, or, in DuPage | 17 | | County if the levy for the special tax is less than the lesser | 18 | | of (i) 0.08% or (ii) $12,000 per mile of road under the | 19 | | jurisdiction of the road district, and if the levy for the | 20 | | special tax is more than any other levy for road and bridge | 21 | | purposes, then the levy for the special tax qualifies the road | 22 | | district for a proportionate, rather than full, allotment under | 23 | | this Section. If the levy for the special tax is equal to or | 24 | | less than any other levy for road and bridge purposes, then any | 25 | | allotment under this Section shall be determined by the other | 26 | | levy for road and bridge purposes. |
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| 1 | | Prior to 2011, if a township has transferred to the road | 2 | | and bridge fund
money which, when added to the amount of any | 3 | | tax levy of the road
district would be the equivalent of a tax | 4 | | levy requiring extension at a
rate of at least .08%, or, in | 5 | | DuPage County, an amount equal to or greater
than $12,000 per | 6 | | mile of road under the jurisdiction of the road district,
| 7 | | whichever is less, such transfer, together with any such tax | 8 | | levy,
shall be deemed a proper compliance with this Section and | 9 | | shall qualify
the road district for an allotment under this | 10 | | Section.
| 11 | | In counties in which a property tax extension limitation is | 12 | | imposed
under the Property Tax Extension Limitation Law, road | 13 | | districts may retain
their entitlement to a motor fuel tax | 14 | | allotment or, beginning in 2011, their entitlement to a full | 15 | | allotment if, at the time the property
tax
extension limitation | 16 | | was imposed, the road district was levying a road and
bridge | 17 | | tax at a rate sufficient to entitle it to a motor fuel tax | 18 | | allotment
and continues to levy the maximum allowable amount | 19 | | after the imposition of the
property tax extension limitation. | 20 | | Any road district may in all circumstances
retain its | 21 | | entitlement to a motor fuel tax allotment or, beginning in | 22 | | 2011, its entitlement to a full allotment if it levied a road | 23 | | and
bridge tax in an amount that will require the extension of | 24 | | the tax against the
taxable property in the road district at a | 25 | | rate of not less than 0.08% of the
assessed value of the | 26 | | property, based upon the assessment for the year
immediately |
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| 1 | | preceding the year in which the tax was levied and as equalized | 2 | | by
the Department of Revenue or, in DuPage County, an amount | 3 | | equal to or greater
than $12,000 per mile of road under the | 4 | | jurisdiction of the road district,
whichever is less.
| 5 | | As used in this Section the term "road district" means any | 6 | | road
district, including a county unit road district, provided | 7 | | for by the
Illinois Highway Code; and the term "township or | 8 | | district road"
means any road in the township and district road | 9 | | system as defined in the
Illinois Highway Code. For the | 10 | | purposes of this Section, "township or
district road" also | 11 | | includes such roads as are maintained by park
districts, forest | 12 | | preserve districts and conservation districts. The
Department | 13 | | of Transportation shall determine the mileage of all township
| 14 | | and district roads for the purposes of making allotments and | 15 | | allocations of
motor fuel tax funds for use in road districts.
| 16 | | Payment of motor fuel tax moneys to municipalities and | 17 | | counties shall
be made as soon as possible after the allotment | 18 | | is made. The treasurer
of the municipality or county may invest | 19 | | these funds until their use is
required and the interest earned | 20 | | by these investments shall be limited
to the same uses as the | 21 | | principal funds.
| 22 | | Beginning on the effective date of this amendatory Act of | 23 | | the 97th General Assembly, and notwithstanding any other law to | 24 | | the contrary, the Motor Fuel Tax Fund shall not be subject to | 25 | | sweeps, administrative charges or chargebacks, or any other | 26 | | fiscal or budgetary maneuver that would transfer any amount |
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| 1 | | from this Fund into any other Fund of the State unless | 2 | | specifically authorized by law prior to the effective date of | 3 | | this amendatory Act of the 97th General Assembly. It shall not | 4 | | be lawful to circumvent this limitation by governmental | 5 | | reorganization or other methods. | 6 | | (Source: P.A. 96-34, eff. 7-13-09; 96-45, eff. 7-15-09; 96-959, | 7 | | eff. 7-1-10; 96-1000, eff. 7-2-10; 96-1024, eff. 7-12-10; | 8 | | 96-1384, eff. 7-29-10; 97-72, eff. 7-1-11; 97-333, eff. | 9 | | 8-12-11.)
| 10 | | Section 20. The Regional Transportation Authority Act is | 11 | | amended by changing Sections 4.03.3 and 4.09 as follows: | 12 | | (70 ILCS 3615/4.03.3)
| 13 | | Sec. 4.03.3. Distribution of Revenues. This Section | 14 | | applies only after the Department begins administering and | 15 | | enforcing an increased tax under Section 4.03(m) as authorized | 16 | | by this amendatory Act of the 95th General Assembly. After | 17 | | providing for payment of its obligations with respect to bonds | 18 | | and notes issued under the provisions of Section 4.04 and | 19 | | obligations related to those bonds and notes, the Authority | 20 | | shall disburse the remaining proceeds from taxes it has | 21 | | received from the Department of Revenue under this Article IV | 22 | | and the remaining proceeds it has received from the State under | 23 | | Section 4.09(a) as follows: | 24 | | (a) With respect to taxes imposed by the Authority under |
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| 1 | | Section 4.03, after withholding 15% of 80% of the receipts from | 2 | | those taxes collected in Cook County at a rate of 1.25%, 15% of | 3 | | 75% of the receipts from those taxes collected in Cook County | 4 | | at the rate of 1%, 15% of one-half of the receipts from those | 5 | | taxes collected in DuPage, Kane, Lake, McHenry, and Will | 6 | | Counties, and 15% of money received by the Authority from the | 7 | | Regional Transportation Authority Occupation and Use Tax | 8 | | Replacement Fund or from the Regional Transportation Authority | 9 | | tax fund created in Section 4.03(n), the Board shall allocate | 10 | | the proceeds and money remaining to the Service Boards as | 11 | | follows:
| 12 | | (1) an amount equal to (i) 85% of 80% of the receipts | 13 | | from those taxes collected within the City of Chicago at a | 14 | | rate of 1.25%, (ii) 85% of 75% of the receipts from those | 15 | | taxes collected in the City of Chicago at the rate of 1%, | 16 | | and (iii) 85% of the money received by the Authority on | 17 | | account of transfers to the Regional Transportation | 18 | | Authority Occupation and Use Tax Replacement Fund or to the | 19 | | Regional Transportation Authority tax fund created in | 20 | | Section 4.03(n) from the County and Mass Transit District | 21 | | Fund attributable to retail sales within the City of | 22 | | Chicago shall be allocated to the Chicago Transit | 23 | | Authority;
| 24 | | (2) an amount equal to (i) 85% of 80% of the receipts | 25 | | from those taxes collected within Cook County outside of | 26 | | the City of Chicago at a rate of 1.25%, (ii) 85% of 75% of |
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| 1 | | the receipts from those taxes collected within Cook County | 2 | | outside the City of Chicago at a rate of 1%, and (iii) 85% | 3 | | of the money received by the Authority on account of | 4 | | transfers to the Regional Transportation Authority | 5 | | Occupation and Use Tax Replacement Fund or to the Regional | 6 | | Transportation Authority tax fund created in Section | 7 | | 4.03(n) from the County and Mass Transit District Fund | 8 | | attributable to retail sales within Cook County outside of | 9 | | the City of Chicago shall be allocated 30% to the Chicago | 10 | | Transit Authority, 55% to the Commuter Rail Board, and 15% | 11 | | to the Suburban Bus Board; and
| 12 | | (3) an amount equal to 85% of one-half of the receipts | 13 | | from the taxes collected within the Counties of DuPage, | 14 | | Kane, Lake, McHenry, and Will shall be allocated 70% to the | 15 | | Commuter Rail Board and 30% to the Suburban Bus Board.
| 16 | | (b) Moneys received by the Authority on account of | 17 | | transfers to the Regional Transportation Authority Occupation | 18 | | and Use Tax Replacement Fund from the State and Local Sales Tax | 19 | | Reform Fund shall be allocated among the Authority and the | 20 | | Service Boards as follows: 15% of such moneys shall be retained | 21 | | by the Authority and the remaining 85% shall be transferred to | 22 | | the Service Boards as soon as may be practicable after the | 23 | | Authority receives payment. Moneys which are distributable to | 24 | | the Service Boards pursuant to the preceding sentence shall be | 25 | | allocated among the Service Boards on the basis of each Service | 26 | | Board's distribution ratio. The term "distribution ratio" |
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| 1 | | means, for purposes of this subsection (b), the ratio of the | 2 | | total amount distributed to a Service Board pursuant to | 3 | | subsection (a) of Section 4.03.3 for the immediately preceding | 4 | | calendar year to the total amount distributed to all of the | 5 | | Service Boards pursuant to subsection (a) of Section 4.03.3 for | 6 | | the immediately preceding calendar year.
| 7 | | (c)(i) 20% of the receipts from those taxes collected in | 8 | | Cook County under Section 4.03 at the rate of 1.25%, (ii) 25% | 9 | | of the receipts from those taxes collected in Cook County under | 10 | | Section 4.03 at the rate of 1%, (iii) 50% of the receipts from | 11 | | those taxes collected in DuPage, Kane, Lake, McHenry, and Will | 12 | | Counties under Section 4.03, and (iv) amounts received from the | 13 | | State under Section 4.09 (a)(2) and items (i), (ii), and (iii) | 14 | | of Section 4.09 (a)(3) shall be allocated as follows: the | 15 | | amount required to be deposited into the ADA Paratransit Fund | 16 | | described in Section 2.01d, the amount required to be deposited | 17 | | into the Suburban Community Mobility Fund described in Section | 18 | | 2.01e, and the amount required to be deposited into the | 19 | | Innovation, Coordination and Enhancement Fund described in | 20 | | Section 2.01c, and the balance shall be allocated 48% to the | 21 | | Chicago Transit Authority, 39% to the Commuter Rail Board, and | 22 | | 13% to the Suburban Bus Board.
| 23 | | (d) Amounts received from the State under Section 4.09 | 24 | | (a)(3)(iv) shall be distributed 100% to the Chicago Transit | 25 | | Authority.
| 26 | | (e) With respect to those taxes collected in DuPage, Kane, |
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| 1 | | Lake, McHenry, and Will Counties and paid directly to the | 2 | | counties under Section 4.03, the County Board of each county | 3 | | shall use those amounts to fund operating and capital costs of | 4 | | public safety and public transportation services or facilities | 5 | | or to fund operating, capital, right-of-way, construction, and | 6 | | maintenance costs of other transportation purposes, including | 7 | | road, bridge, public safety, and transit purposes intended to | 8 | | improve mobility or reduce congestion in the county. The | 9 | | receipt of funding by such counties pursuant to this paragraph | 10 | | shall not be used as the basis for reducing any funds that such | 11 | | counties would otherwise have received from the State of | 12 | | Illinois, any agency or instrumentality thereof, the | 13 | | Authority, or the Service Boards.
| 14 | | (f) The Authority by ordinance adopted by 12 of its then | 15 | | Directors shall apportion to the Service Boards funds provided | 16 | | by the State of Illinois under Section 4.09(a)(1) as it shall | 17 | | determine and shall make payment of the amounts to each Service | 18 | | Board as soon as may be practicable upon their receipt provided | 19 | | the Authority has adopted a balanced budget as required by | 20 | | Section 4.01 and further provided the Service Board is in | 21 | | compliance with the requirements in Section 4.11.
| 22 | | (g) Beginning January 1, 2009, before making any payments, | 23 | | transfers, or expenditures under this Section to a Service | 24 | | Board, the Authority must first comply with Section 4.02a or | 25 | | 4.02b of this Act, whichever may be applicable.
| 26 | | (h) (Blank) Moneys may be appropriated from the Public |
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| 1 | | Transportation Fund to the Office of the Executive Inspector | 2 | | General for the costs incurred by the Executive Inspector | 3 | | General while serving as the inspector general for the | 4 | | Authority and each of the Service Boards. Beginning December | 5 | | 31, 2012, and each year thereafter, the Office of the Executive | 6 | | Inspector General shall annually report to the General Assembly | 7 | | the expenses incurred while serving as the inspector general | 8 | | for the Authority and each of the Service Boards .
| 9 | | (Source: P.A. 97-399, eff. 8-16-11; 97-641, eff. 12-19-11.)
| 10 | | (70 ILCS 3615/4.09) (from Ch. 111 2/3, par. 704.09)
| 11 | | Sec. 4.09. Public Transportation Fund and the Regional | 12 | | Transportation
Authority Occupation and Use Tax Replacement | 13 | | Fund.
| 14 | | (a)(1)
As soon as possible after
the first day of each | 15 | | month, beginning July 1, 1984, upon certification of
the | 16 | | Department of Revenue, the Comptroller shall order transferred | 17 | | and the
Treasurer shall transfer from the General Revenue Fund | 18 | | to a special fund in the State Treasury to be known as the | 19 | | Public
Transportation Fund an amount equal to 25% of the net | 20 | | revenue, before the
deduction of the serviceman and retailer | 21 | | discounts pursuant to Section 9 of
the Service Occupation Tax | 22 | | Act and Section 3 of the Retailers' Occupation
Tax Act, | 23 | | realized from
any tax imposed by the Authority pursuant to
| 24 | | Sections 4.03 and 4.03.1 and 25% of the amounts deposited into | 25 | | the Regional
Transportation Authority tax fund created by |
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| 1 | | Section 4.03 of this Act, from
the County and Mass Transit | 2 | | District Fund as provided in Section 6z-20 of
the State Finance | 3 | | Act and 25% of the amounts deposited into the Regional
| 4 | | Transportation Authority Occupation and Use Tax Replacement | 5 | | Fund from the
State and Local Sales Tax Reform Fund as provided | 6 | | in Section 6z-17 of the
State Finance Act.
On the first day of | 7 | | the month following the date that the Department receives | 8 | | revenues from increased taxes under Section 4.03(m) as | 9 | | authorized by this amendatory Act of the 95th General Assembly, | 10 | | in lieu of the transfers authorized in the preceding sentence, | 11 | | upon certification of the Department of Revenue, the | 12 | | Comptroller shall order transferred and the Treasurer shall | 13 | | transfer from the General Revenue Fund to the Public | 14 | | Transportation Fund an amount equal to 25% of the net revenue, | 15 | | before the deduction of the serviceman and retailer discounts | 16 | | pursuant to Section 9 of the Service Occupation Tax Act and | 17 | | Section 3 of the Retailers' Occupation Tax Act, realized from | 18 | | (i) 80% of the proceeds of any tax imposed by the Authority at | 19 | | a rate of 1.25% in Cook County, (ii) 75% of the proceeds of any | 20 | | tax imposed by the Authority at the rate of 1% in Cook County, | 21 | | and (iii) one-third of the proceeds of any tax imposed by the | 22 | | Authority at the rate of 0.75% in the Counties of DuPage, Kane, | 23 | | Lake, McHenry, and Will, all pursuant to Section 4.03, and 25% | 24 | | of the net revenue realized from any tax imposed by the | 25 | | Authority pursuant to Section 4.03.1, and 25% of the amounts | 26 | | deposited into the Regional Transportation Authority tax fund |
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| 1 | | created by Section 4.03 of this Act from the County and Mass | 2 | | Transit District Fund as provided in Section 6z-20 of the State | 3 | | Finance Act, and 25% of the amounts deposited into the Regional | 4 | | Transportation Authority Occupation and Use Tax Replacement | 5 | | Fund from the State and Local Sales Tax Reform Fund as provided | 6 | | in Section 6z-17 of the State Finance Act. As used in this | 7 | | Section, net revenue realized for a month shall be the revenue
| 8 | | collected by the State pursuant to Sections 4.03 and 4.03.1 | 9 | | during the
previous month from within the metropolitan region, | 10 | | less the amount paid
out during that same month as refunds to | 11 | | taxpayers for overpayment of
liability in the metropolitan | 12 | | region under Sections 4.03 and 4.03.1.
| 13 | | (2) On the first day of the month following the effective | 14 | | date of this amendatory Act of the 95th General Assembly and | 15 | | each month thereafter, upon certification by the Department of | 16 | | Revenue, the Comptroller shall order transferred and the | 17 | | Treasurer shall transfer from the General Revenue Fund to the | 18 | | Public Transportation Fund an amount equal to 5% of the net | 19 | | revenue, before the deduction of the serviceman and retailer | 20 | | discounts pursuant to Section 9 of the Service Occupation Tax | 21 | | Act and Section 3 of the Retailers' Occupation Tax Act, | 22 | | realized from any tax imposed by the Authority pursuant to | 23 | | Sections 4.03 and 4.03.1 and certified by the Department of | 24 | | Revenue under Section 4.03(n) of this Act to be paid to the | 25 | | Authority and 5% of the amounts deposited into the Regional | 26 | | Transportation Authority tax fund created by Section 4.03 of |
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| 1 | | this Act from the County and Mass Transit District Fund as | 2 | | provided in Section 6z-20 of the State Finance Act, and 5% of | 3 | | the amounts deposited into the Regional Transportation | 4 | | Authority Occupation and Use Tax Replacement Fund from the | 5 | | State and Local Sales Tax Reform Fund as provided in Section | 6 | | 6z-17 of the State Finance Act, and 5% of the revenue realized | 7 | | by the Chicago Transit Authority as financial assistance from | 8 | | the City of Chicago from the proceeds of any tax imposed by the | 9 | | City of Chicago under Section 8-3-19 of the Illinois Municipal | 10 | | Code.
| 11 | | (3) As soon as possible after the first day of January, | 12 | | 2009 and each month thereafter, upon certification of the | 13 | | Department of Revenue with respect to the taxes collected under | 14 | | Section 4.03, the Comptroller shall order transferred and the | 15 | | Treasurer shall transfer from the General Revenue Fund to the | 16 | | Public Transportation Fund an amount equal to 25% of the net | 17 | | revenue, before the deduction of the serviceman and retailer | 18 | | discounts pursuant to Section 9 of the Service Occupation Tax | 19 | | Act and Section 3 of the Retailers' Occupation Tax Act, | 20 | | realized from (i) 20% of the proceeds of any tax imposed by the | 21 | | Authority at a rate of 1.25% in Cook County, (ii) 25% of the | 22 | | proceeds of any tax imposed by the Authority at the rate of 1% | 23 | | in Cook County, and (iii) one-third of the proceeds of any tax | 24 | | imposed by the Authority at the rate of 0.75% in the Counties | 25 | | of DuPage, Kane, Lake, McHenry, and Will, all pursuant to | 26 | | Section 4.03, and the Comptroller shall order transferred and |
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| 1 | | the Treasurer shall transfer from the General Revenue Fund to | 2 | | the Public Transportation Fund (iv) an amount equal to 25% of | 3 | | the revenue realized by the Chicago Transit Authority as | 4 | | financial assistance from the City of Chicago from the proceeds | 5 | | of any tax imposed by the City of Chicago under Section 8-3-19 | 6 | | of the Illinois Municipal Code.
| 7 | | (b)(1) All moneys deposited in the Public Transportation | 8 | | Fund and the
Regional Transportation Authority Occupation and | 9 | | Use Tax Replacement Fund,
whether deposited pursuant to this | 10 | | Section or otherwise, are allocated to
the Authority. | 11 | | Notwithstanding any other law to the contrary, the Public | 12 | | Transportation Fund and the Regional Transportation Authority | 13 | | Occupation and Use Tax Replacement Fund shall not be subject to | 14 | | sweeps, administrative charges or chargebacks, or any other | 15 | | fiscal or budgetary maneuver, including governmental | 16 | | reorganization or similar measures, that would transfer any | 17 | | amount from the Public Transportation Fund or the Regional | 18 | | Transportation Authority Occupation and Use Tax Replacement | 19 | | Fund into any other Fund of the State or to any recipient other | 20 | | than the Authority. The Comptroller, as soon as
possible after | 21 | | each monthly transfer provided in this Section and after
each | 22 | | deposit into the Public Transportation Fund, shall order the | 23 | | Treasurer
to pay to the Authority out of the Public | 24 | | Transportation Fund the amount so
transferred or deposited. Any | 25 | | Additional State Assistance and Additional Financial | 26 | | Assistance paid to the Authority under this Section shall be |
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| 1 | | expended by the Authority for its purposes as provided in this | 2 | | Act. The balance of the amounts paid to the Authority from the | 3 | | Public Transportation Fund shall be expended by the Authority | 4 | | as provided in Section 4.03.3. The
Comptroller,
as soon as | 5 | | possible after each deposit into the Regional Transportation
| 6 | | Authority Occupation and Use Tax Replacement Fund provided in | 7 | | this Section
and Section 6z-17 of the State Finance Act, shall | 8 | | order the Treasurer
to pay to the Authority out of the Regional | 9 | | Transportation Authority
Occupation and Use Tax Replacement | 10 | | Fund the amount so deposited. Such
amounts paid to the | 11 | | Authority may be expended by it for its purposes as
provided in | 12 | | this Act. The provisions directing the distributions from the | 13 | | Public Transportation Fund and the Regional Transportation | 14 | | Authority Occupation and Use Tax Replacement Fund provided for | 15 | | in this Section shall constitute an irrevocable and continuing | 16 | | appropriation of all amounts as provided herein. The State | 17 | | Treasurer and State Comptroller are hereby authorized and | 18 | | directed to make distributions as provided in this Section. (2) | 19 | | Provided, however, no moneys deposited under subsection (a)
of | 20 | | this Section shall be paid from the Public Transportation
Fund | 21 | | to the Authority or its assignee for any fiscal year until the | 22 | | Authority has certified to
the Governor, the Comptroller, and | 23 | | the Mayor of the City of Chicago that it
has adopted for that | 24 | | fiscal year an Annual Budget and Two-Year Financial Plan
| 25 | | meeting the
requirements in Section 4.01(b).
| 26 | | (c) In recognition of the efforts of the Authority to |
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| 1 | | enhance the mass
transportation facilities under its control, | 2 | | the State shall provide
financial assistance ("Additional | 3 | | State Assistance") in excess of the
amounts transferred to the | 4 | | Authority from the General Revenue Fund under
subsection (a) of | 5 | | this Section. Additional State Assistance shall be
calculated | 6 | | as provided in
subsection (d), but shall in no event exceed the | 7 | | following
specified amounts with respect to the following State | 8 | | fiscal years:
|
|
9 | | 1990 |
$5,000,000; |
|
10 | | 1991 |
$5,000,000; |
|
11 | | 1992 |
$10,000,000; |
|
12 | | 1993 |
$10,000,000; |
|
13 | | 1994 |
$20,000,000; |
|
14 | | 1995 |
$30,000,000; |
|
15 | | 1996 |
$40,000,000; |
|
16 | | 1997 |
$50,000,000; |
|
17 | | 1998 |
$55,000,000; and |
|
18 | | each year thereafter |
$55,000,000. |
|
19 | | (c-5) The State shall provide financial assistance | 20 | | ("Additional Financial
Assistance") in addition to the | 21 | | Additional State Assistance provided by
subsection (c) and the | 22 | | amounts transferred to the Authority from the General
Revenue | 23 | | Fund under subsection (a) of this Section. Additional Financial
| 24 | | Assistance provided by this subsection shall be calculated as | 25 | | provided in
subsection (d), but shall in no event exceed the | 26 | | following specified amounts
with respect to the following State |
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| 1 | | fiscal years:
|
|
2 | | 2000 |
$0; |
|
3 | | 2001 |
$16,000,000; |
|
4 | | 2002 |
$35,000,000; |
|
5 | | 2003 |
$54,000,000; |
|
6 | | 2004 |
$73,000,000; |
|
7 | | 2005 |
$93,000,000; and |
|
8 | | each year thereafter |
$100,000,000. |
|
9 | | (d) Beginning with State fiscal year 1990 and continuing | 10 | | for each
State fiscal year thereafter, the Authority shall | 11 | | annually certify to the
State Comptroller and State Treasurer, | 12 | | separately with respect to each of
subdivisions (g)(2) and | 13 | | (g)(3) of Section 4.04 of this Act, the following
amounts:
| 14 | | (1) The amount necessary and required, during the State | 15 | | fiscal year with
respect to which the certification is | 16 | | made, to pay its obligations for debt
service on all | 17 | | outstanding bonds or notes issued by the Authority under | 18 | | subdivisions (g)(2) and (g)(3) of
Section 4.04 of this Act.
| 19 | | (2) An estimate of the amount necessary and required to | 20 | | pay its
obligations for debt service for any bonds or notes | 21 | | which the Authority anticipates it
will issue under | 22 | | subdivisions (g)(2) and (g)(3) of Section 4.04 during
that | 23 | | State fiscal year.
| 24 | | (3) Its debt service savings during the preceding State | 25 | | fiscal year
from refunding or advance refunding of bonds or | 26 | | notes issued under subdivisions
(g)(2) and (g)(3) of |
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| 1 | | Section 4.04.
| 2 | | (4) The amount of interest, if any, earned by the | 3 | | Authority during the
previous State fiscal year on the | 4 | | proceeds of bonds or notes issued pursuant to
subdivisions | 5 | | (g)(2) and (g)(3) of Section 4.04, other than refunding or | 6 | | advance
refunding bonds or notes.
| 7 | | The certification shall include a specific
schedule of debt | 8 | | service payments, including the date and amount of each
payment | 9 | | for all outstanding bonds or notes and an estimated schedule of
| 10 | | anticipated debt service for all bonds and notes it intends to | 11 | | issue, if any,
during that State fiscal year, including the | 12 | | estimated date and estimated
amount of each payment.
| 13 | | Immediately upon the issuance of bonds for which an | 14 | | estimated schedule
of debt service payments was prepared, the | 15 | | Authority shall file an amended
certification with respect to | 16 | | item (2) above, to specify the actual
schedule of debt service | 17 | | payments, including the date and amount of each
payment, for | 18 | | the remainder of the State fiscal year.
| 19 | | On the first day of each month of the
State fiscal year in | 20 | | which there are bonds outstanding with respect to which
the | 21 | | certification is made, the State Comptroller shall order | 22 | | transferred and
the State Treasurer shall transfer from the | 23 | | General Revenue Fund to the
Public Transportation Fund the | 24 | | Additional State Assistance and Additional
Financial | 25 | | Assistance in an amount equal to the aggregate of
(i) | 26 | | one-twelfth of the sum of the amounts certified under items
(1) |
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| 1 | | and (3) above less the amount certified under item (4) above, | 2 | | plus
(ii)
the amount required to pay debt service on bonds and | 3 | | notes
issued during the fiscal year, if any, divided by the | 4 | | number of months
remaining in the fiscal year after the date of | 5 | | issuance, or some smaller
portion as may be necessary under | 6 | | subsection (c)
or (c-5) of this Section for the relevant State | 7 | | fiscal year, plus
(iii) any cumulative deficiencies in | 8 | | transfers for prior months,
until an amount equal to the
sum of | 9 | | the amounts certified under items (1) and (3) above,
plus the | 10 | | actual debt service certified under item (2) above,
less the | 11 | | amount certified under item (4) above,
has been transferred; | 12 | | except that these transfers are subject to the
following | 13 | | limits:
| 14 | | (A) In no event shall the total transfers in any State | 15 | | fiscal
year relating to outstanding bonds and notes issued | 16 | | by the Authority under
subdivision (g)(2) of Section 4.04 | 17 | | exceed the lesser of the annual maximum
amount specified in | 18 | | subsection (c) or the sum of the amounts
certified under | 19 | | items (1) and (3) above,
plus the actual debt service | 20 | | certified under item (2) above,
less the amount certified | 21 | | under item
(4) above, with respect to those bonds and | 22 | | notes.
| 23 | | (B) In no event shall the total transfers in any State | 24 | | fiscal year
relating to outstanding bonds and notes issued | 25 | | by the Authority under
subdivision (g)(3) of Section 4.04 | 26 | | exceed the lesser of the annual maximum
amount specified in |
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| 1 | | subsection (c-5) or the sum of the amounts certified under
| 2 | | items (1) and (3) above,
plus the actual debt service | 3 | | certified under item (2) above,
less the amount certified | 4 | | under item (4) above, with
respect to those bonds and | 5 | | notes.
| 6 | | The term "outstanding" does not include bonds or notes for | 7 | | which
refunding or advance refunding bonds or notes have been | 8 | | issued.
| 9 | | (e) Neither Additional State Assistance nor Additional | 10 | | Financial
Assistance may be pledged, either directly or
| 11 | | indirectly as general revenues of the Authority, as security | 12 | | for any bonds
issued by the Authority. The Authority may not | 13 | | assign its right to receive
Additional State Assistance or | 14 | | Additional Financial Assistance, or direct
payment of | 15 | | Additional State
Assistance or Additional Financial | 16 | | Assistance, to a trustee or any other
entity for the
payment of | 17 | | debt service
on its bonds.
| 18 | | (f) The certification required under subsection (d) with | 19 | | respect to
outstanding bonds and notes of the Authority shall | 20 | | be
filed as early as practicable before the beginning of the | 21 | | State fiscal
year to which it relates. The certification shall | 22 | | be revised as may be
necessary to accurately state the debt | 23 | | service requirements of the Authority.
| 24 | | (g) Within 6 months of the end of each fiscal year, the | 25 | | Authority shall determine: | 26 | | (i) whether
the aggregate of all system generated |
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| 1 | | revenues for public transportation
in the metropolitan | 2 | | region which is provided by, or under grant or purchase
of | 3 | | service contracts with, the Service Boards equals 50% of | 4 | | the aggregate
of all costs of providing such public | 5 | | transportation. "System generated
revenues" include all | 6 | | the proceeds of fares and charges for services provided,
| 7 | | contributions received in connection with public | 8 | | transportation from units
of local government other than | 9 | | the Authority, except for contributions received by the | 10 | | Chicago Transit Authority from a real estate transfer tax | 11 | | imposed under subsection (i) of Section 8-3-19 of the | 12 | | Illinois Municipal Code, and from the State pursuant
to | 13 | | subsection (i) of Section 2705-305 of the Department of | 14 | | Transportation Law
(20 ILCS 2705/2705-305), and all other | 15 | | revenues properly included consistent
with generally | 16 | | accepted accounting principles but may not include: the | 17 | | proceeds
from any borrowing, and, beginning with the 2007 | 18 | | fiscal year, all revenues and receipts, including but not | 19 | | limited to fares and grants received from the federal, | 20 | | State or any unit of local government or other entity, | 21 | | derived from providing ADA paratransit service pursuant to | 22 | | Section 2.30 of the Regional Transportation Authority Act. | 23 | | "Costs" include all items properly included as
operating | 24 | | costs consistent with generally accepted accounting | 25 | | principles,
including administrative costs, but do not | 26 | | include: depreciation; payment
of principal and interest |
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| 1 | | on bonds, notes or other evidences of obligations
for | 2 | | borrowed money of the Authority; payments with respect to | 3 | | public
transportation facilities made pursuant to | 4 | | subsection (b) of Section 2.20;
any payments with respect | 5 | | to rate protection contracts, credit
enhancements or | 6 | | liquidity agreements made under Section 4.14; any other
| 7 | | cost as to which it is reasonably expected that a cash
| 8 | | expenditure will not be made; costs for passenger
security | 9 | | including grants, contracts, personnel, equipment and
| 10 | | administrative expenses, except in the case of the Chicago | 11 | | Transit
Authority, in which case the term does not include | 12 | | costs spent annually by
that entity for protection against | 13 | | crime as required by Section 27a of the
Metropolitan | 14 | | Transit Authority Act; the costs of Debt Service paid by | 15 | | the Chicago Transit Authority, as defined in Section 12c of | 16 | | the Metropolitan Transit Authority Act, or bonds or notes | 17 | | issued pursuant to that Section; the payment by the | 18 | | Commuter Rail Division of debt service on bonds issued | 19 | | pursuant to Section 3B.09; expenses incurred by the | 20 | | Suburban Bus Division for the cost of new public | 21 | | transportation services funded from grants pursuant to | 22 | | Section 2.01e of this amendatory Act of the 95th General | 23 | | Assembly for a period of 2 years from the date of | 24 | | initiation of each such service; costs as exempted by the | 25 | | Board for
projects pursuant to Section 2.09 of this Act; | 26 | | or, beginning with the 2007 fiscal year, expenses related |
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| 1 | | to providing ADA paratransit service pursuant to Section | 2 | | 2.30 of the Regional Transportation Authority Act; or in | 3 | | fiscal years 2008 through 2012 inclusive, costs in the | 4 | | amount of $200,000,000 in fiscal year 2008, reducing by | 5 | | $40,000,000 in each fiscal year thereafter until this | 6 | | exemption is eliminated. If said system generated
revenues | 7 | | are less than 50% of said costs, the Board shall remit an | 8 | | amount
equal to the amount of the deficit to the State. The | 9 | | Treasurer shall
deposit any such payment in the General | 10 | | Revenue Fund; and
| 11 | | (ii) whether, beginning with the 2007 fiscal year, the | 12 | | aggregate of all fares charged and received for ADA | 13 | | paratransit services equals the system generated ADA | 14 | | paratransit services revenue recovery ratio percentage of | 15 | | the aggregate of all costs of providing such ADA | 16 | | paratransit services.
| 17 | | (h) If the Authority makes any payment to the State under | 18 | | paragraph (g),
the Authority shall reduce the amount provided | 19 | | to a Service Board from funds
transferred under paragraph (a) | 20 | | in proportion to the amount by which
that Service Board failed | 21 | | to meet its required system generated revenues
recovery ratio. | 22 | | A Service Board which is affected by a reduction in funds
under | 23 | | this paragraph shall submit to the Authority concurrently with | 24 | | its
next due quarterly report a revised budget incorporating | 25 | | the reduction in
funds. The revised budget must meet the | 26 | | criteria specified in clauses (i)
through (vi) of Section |
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| 1 | | 4.11(b)(2). The Board shall review and act on the
revised | 2 | | budget as provided in Section 4.11(b)(3). | 3 | | (i) The Office of Executive Inspector General may submit | 4 | | invoices to the Authority for costs incurred while serving as | 5 | | the inspector general for the Authority and each of the Service | 6 | | Boards, and the Authority may pay those claims from amounts | 7 | | received under paragraph (3) of subsection (a) of this Section | 8 | | 4.09. Beginning December 31, 2012, and each year thereafter, | 9 | | the Office of Inspector General shall annually report to the | 10 | | General Assembly the expenses incurred while serving as the | 11 | | inspector general for the Authority and each of the Service | 12 | | Boards.
| 13 | | (Source: P.A. 94-370, eff. 7-29-05; 95-708, eff. 1-18-08; | 14 | | 95-906, eff. 8-26-08.)
| 15 | | Section 99. Effective date. This Act takes effect upon | 16 | | becoming law.".
|
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