Full Text of SB1594 98th General Assembly
SB1594sam002 98TH GENERAL ASSEMBLY | Sen. Terry Link Filed: 7/9/2013
| | 09800SB1594sam002 | | LRB098 10051 OMW 47099 a |
|
| 1 | | AMENDMENT TO SENATE BILL 1594
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1594, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 1. This Act may be referred to as the | 6 | | Transportation Modernization Act. | 7 | | Section 5. Purpose. The General Assembly declares and | 8 | | determines that a streamlined governance structure that | 9 | | integrates regional comprehensive planning and transit system | 10 | | oversight is necessary to conserve public resources and achieve | 11 | | the most effective public and private transportation | 12 | | investments that are vital to making the northeastern Illinois | 13 | | region competitive in the global economy. It is the intent of | 14 | | the General Assembly to merge the operations and governance of | 15 | | the Regional Transportation Authority into the Chicago | 16 | | Metropolitan Agency for Planning in order to most efficiently |
| | | 09800SB1594sam002 | - 2 - | LRB098 10051 OMW 47099 a |
|
| 1 | | and effectively address the region's development and | 2 | | transportation challenges. It is intended that the Chicago | 3 | | Metropolitan Agency for Planning board and agency eliminate | 4 | | unnecessary and duplicative functions previously overseen by | 5 | | the Regional Transportation Authority and provide the most | 6 | | cost-effective means to ensure that transit services are fast, | 7 | | well-planned, coordinated, well-maintained, efficient, | 8 | | convenient, safe, and attractive and achieve a doubling of | 9 | | transit use in 25 years. | 10 | | Section 10. The Regional Planning Act is amended by | 11 | | changing Sections 10, 15, 25, 30, and 35 and by adding Section | 12 | | 25a as follows: | 13 | | (70 ILCS 1707/10)
| 14 | | Sec. 10. Definitions. | 15 | | "Board" means the Board of the Chicago Metropolitan Agency | 16 | | for Planning.
| 17 | | "CMAP" means the Chicago Metropolitan Agency for Planning.
| 18 | | "Chief elected county official" means the Board Chairman in | 19 | | DuPage, Kane, Kendall, Lake, and McHenry Counties and the | 20 | | County Executive in Will County. | 21 | | "Fiscal year" means the fiscal year of the State.
| 22 | | "IDOT" means the Illinois Department of Transportation.
| 23 | | "MPO" means the metropolitan planning organization | 24 | | designated under 23 U.S.C. 134.
|
| | | 09800SB1594sam002 | - 3 - | LRB098 10051 OMW 47099 a |
|
| 1 | | "Members" means the members of the Board.
| 2 | | "Person" means an individual, partnership, firm, public or | 3 | | private corporation, State agency, transportation agency, or | 4 | | unit of local government.
| 5 | | "Policy Committee" means the decision-making body of the | 6 | | MPO.
| 7 | | "RTA" means the Regional Transportation Authority. | 8 | | "Region" or "northeastern Illinois region" means Cook, | 9 | | DuPage, Kane, Kendall, Lake, McHenry, and Will Counties.
| 10 | | "Service Boards" means the Board of the Commuter Rail | 11 | | Division of the Regional Transportation Authority, the Board of | 12 | | the Suburban Bus Division of the Regional Transportation | 13 | | Authority, and the Board of the Chicago Transit Authority. | 14 | | "State agency" means "agency" as defined in Section 1-20 of | 15 | | the Illinois Administrative Procedure Act.
| 16 | | "Transportation agency" means the Regional Transportation | 17 | | Authority and its Service Boards; the Illinois Toll Highway | 18 | | Authority; the Illinois Department of Transportation; and the | 19 | | transportation functions of units of local government.
| 20 | | "Unit of local government" means a unit of local | 21 | | government, as defined in Section 1 of Article VII of the | 22 | | Illinois Constitution, that is located within the jurisdiction | 23 | | and area of operation of the Board.
| 24 | | "USDOT" means the United States Department of | 25 | | Transportation.
| 26 | | (Source: P.A. 94-510, eff. 8-9-05; 95-677, eff. 10-11-07.) |
| | | 09800SB1594sam002 | - 4 - | LRB098 10051 OMW 47099 a |
|
| 1 | | (70 ILCS 1707/15)
| 2 | | Sec. 15. Chicago Metropolitan Agency for Planning; | 3 | | structure. | 4 | | (a) The Chicago Metropolitan Agency for Planning is | 5 | | established as a political subdivision, body politic, and | 6 | | municipal corporation. The Board shall be responsible for | 7 | | developing and adopting a funding and implementation strategy | 8 | | for an integrated land use and transportation planning process | 9 | | for the northeastern Illinois region.
| 10 | | (b) (Blank.) | 11 | | (c) The Board shall consist of 16 15 voting members as | 12 | | follows: | 13 | | (1) One member from DuPage County appointed | 14 | | cooperatively by the mayors of DuPage County and the chief | 15 | | elected county official of DuPage County. | 16 | | (2) One member from representing both Kane County and | 17 | | Kendall Counties appointed cooperatively by the mayors of | 18 | | Kane County and Kendall County and the chief elected county | 19 | | official officials of Kane County , in consultation with the | 20 | | chief elected county official of and Kendall County. | 21 | | (3) One member from Lake County appointed | 22 | | cooperatively by the mayors of Lake County and the chief | 23 | | elected county official of Lake County. | 24 | | (4) One member from McHenry County appointed | 25 | | cooperatively by the mayors of McHenry County and the chief |
| | | 09800SB1594sam002 | - 5 - | LRB098 10051 OMW 47099 a |
|
| 1 | | elected county official of McHenry County. | 2 | | (5) One member from Will County appointed | 3 | | cooperatively by the mayors of Will County and the chief | 4 | | elected county official of Will County. | 5 | | (6) Five members from the City of Chicago appointed by | 6 | | the Mayor of the City of Chicago. | 7 | | (7) One member from that portion of Cook County outside | 8 | | of the City of Chicago appointed by the President of the | 9 | | Cook County Board of Commissioners. | 10 | | (8) Four members from that portion of Cook County | 11 | | outside of the City of Chicago appointed, with the consent | 12 | | of the President of the Cook County Board of Commissioners, | 13 | | as follows: | 14 | | (i) One by the mayors representing those | 15 | | communities in Cook County that are outside of the City | 16 | | of Chicago and north of Devon Avenue. | 17 | | (ii) One by the mayors representing those | 18 | | communities in Cook County that are outside of the City | 19 | | of Chicago, south of Devon Avenue, and north of | 20 | | Interstate 55, and in addition the Village of Summit. | 21 | | (iii) One by the mayors representing those | 22 | | communities in Cook County that are outside of the City | 23 | | of Chicago, south of Interstate 55, and west of | 24 | | Interstate 57, excluding the communities of Summit, | 25 | | Dixmoor, Posen, Robbins, Midlothian, Oak Forest, and | 26 | | Tinley Park. |
| | | 09800SB1594sam002 | - 6 - | LRB098 10051 OMW 47099 a |
|
| 1 | | (iv) One by the mayors representing those | 2 | | communities in Cook County that are outside of the City | 3 | | of Chicago and east of Interstate 57, and, in addition, | 4 | | the communities of Dixmoor, Posen, Robbins, | 5 | | Midlothian, Oak Forest, and Tinley Park. | 6 | | (9) One at-large member appointed by the Governor. That | 7 | | member must reside in Cook, DuPage, Kane, Lake, McHenry, or | 8 | | Will County. | 9 | | The terms of the members initially appointed to the Board shall | 10 | | begin within 60 days after this Act takes effect. Any member | 11 | | appointed to an initial term on the Board after the effective | 12 | | date of this amendatory Act of the 98th General Assembly may | 13 | | not also serve on a Service Board. | 14 | | (d) The CMAP Board may appoint non-voting members of the | 15 | | Board. The CMAP Board shall include a non-voting member from | 16 | | Kendall County appointed cooperatively by the mayors of Kendall | 17 | | County and the chief elected county official of Kendall County. | 18 | | (e) (1) The CMAP Board shall create a Wastewater Committee | 19 | | with the responsibility of recommending directly to the | 20 | | Illinois Environmental Protection Agency (IEPA) the | 21 | | appropriateness of proposed requests for modifications and | 22 | | amendments to the established boundaries of wastewater | 23 | | facility planning areas, requests for the creation of new | 24 | | wastewater facility planning areas, requests for the | 25 | | elimination of existing wastewater facility planning areas, | 26 | | requests for new or expanded sewage treatment facilities, or |
| | | 09800SB1594sam002 | - 7 - | LRB098 10051 OMW 47099 a |
|
| 1 | | any other amendments to the State of Illinois Water Quality | 2 | | Management Plan required under the federal Clean Water Act. The | 3 | | Chairmanship of the Wastewater Committee shall rotate every 24 | 4 | | months between the individuals described in subsections | 5 | | (e)(2)(iv) and (e)(2)(v) with the individual identified in | 6 | | subsection (e)(2)(v) serving as chairman for the initial | 7 | | 24-month period commencing on the effective date of this | 8 | | amendatory Act of the 95th General Assembly.
| 9 | | (2) The Wastewater Committee shall consist of 5 members | 10 | | of the CMAP Board designated as follows:
| 11 | | (i) One member of the Wastewater Committee shall be | 12 | | one of the CMAP Board members designated in subsection | 13 | | (c)(1) through (c)(5).
| 14 | | (ii) One member of the Wastewater Committee shall | 15 | | be one of the CMAP Board members designated in | 16 | | subsection (c)(6). | 17 | | (iii) One member of the Wastewater Committee shall | 18 | | be one of the CMAP Board members designated in | 19 | | subsection (c)(7) or (c)(8). | 20 | | (iv) One member of the Wastewater Committee shall | 21 | | be a person appointed by the President of the | 22 | | Metropolitan Water Reclamation District of Greater | 23 | | Chicago (and who does not need to serve on the CMAP | 24 | | Board). | 25 | | (v) One member of the Wastewater Committee shall be | 26 | | a person appointed by the President of the largest |
| | | 09800SB1594sam002 | - 8 - | LRB098 10051 OMW 47099 a |
|
| 1 | | statewide association of wastewater agencies (and who | 2 | | does not need to serve on the CMAP Board). | 3 | | (3) Terms of the members of the Wastewater Committee | 4 | | shall be consistent with those identified in Section 25, | 5 | | except that the term of the member of the Wastewater | 6 | | Committee appointed by the President of the Metropolitan | 7 | | Water Reclamation District of Greater Chicago shall expire | 8 | | on July 1, 2009, and the term of the member of the | 9 | | Wastewater Committee appointed by the President of the | 10 | | largest statewide association of wastewater agencies shall | 11 | | expire on July 1, 2009.
| 12 | | (f) With the exception of matters considered and | 13 | | recommended by the Wastewater Committee directly to the IEPA, | 14 | | which shall require only a concurrence of a simple majority of | 15 | | the Wastewater Committee members in office, concurrence of | 16 | | three-fourths four-fifths of the Board members in office is | 17 | | necessary for the Board to
take any action.
| 18 | | (g) (1) The Board shall create a Transit Executive Council | 19 | | with the responsibility of reviewing and making | 20 | | recommendations to the Board on all matters relating to transit | 21 | | and implementing all provisions of this Act and the Regional | 22 | | Transportation Authority Act that require coordination or | 23 | | collective action among the Service Boards. | 24 | | (2) The Transit Executive Council shall consist of 6 | 25 | | members designated as follows: | 26 | | (i) The President of the Chicago Transit |
| | | 09800SB1594sam002 | - 9 - | LRB098 10051 OMW 47099 a |
|
| 1 | | Authority. | 2 | | (ii) The Chairman of the Board of the Chicago | 3 | | Transit Authority, or his or her designee. | 4 | | (iii) The Executive Director of the Commuter Rail | 5 | | Division of the RTA. | 6 | | (iv) The Chairman of the Board of the Commuter Rail | 7 | | Division of the RTA, or his or her designee. | 8 | | (v) The Executive Director of the Suburban Bus | 9 | | Division of the RTA. | 10 | | (vi) The Chairman of the Board of the Suburban Bus | 11 | | Division of the RTA, or his or her designee. | 12 | | (3) The Transit Executive Council shall, at intervals | 13 | | of no less than 5 years, or earlier upon request of the | 14 | | Board, conduct a study and submit a report with | 15 | | recommendations to the Board regarding transit operating | 16 | | and capital funding which shall address the following: | 17 | | (i) The adequacy of available funding to meet the | 18 | | current and future transportation needs of the region. | 19 | | (ii) The ability of the current method of | 20 | | allocating operating funding among the Service Boards | 21 | | to further the goals identified in Section 25a of this | 22 | | Act and to execute the Strategic Plan prescribed by | 23 | | Sections 2.01 and 2.01a of the Regional Transportation | 24 | | Authority Act. | 25 | | (iii) The ability of the current method of | 26 | | allocating capital funding among the Service Boards to |
| | | 09800SB1594sam002 | - 10 - | LRB098 10051 OMW 47099 a |
|
| 1 | | further the goals identified in Section 25a of this Act | 2 | | and to execute the Strategic Plan prescribed by | 3 | | Sections 2.01 and 2.01a of the Regional Transportation | 4 | | Authority Act. | 5 | | (4) The Transit Executive Council shall identify and | 6 | | recommend to the Board methods of saving money and | 7 | | streamlining services through coordination among the | 8 | | Service Boards. | 9 | | (5) The Board shall consider any relevant | 10 | | recommendations and reports previously made by the Transit | 11 | | Executive Council prior to taking action on matters related | 12 | | to transit. | 13 | | (Source: P.A. 94-510, eff. 8-9-05; 95-677, eff. 10-11-07.) | 14 | | (70 ILCS 1707/25)
| 15 | | Sec. 25. Operations. | 16 | | (a) Each appointing authority shall give notice of its | 17 | | Board appointments to each other appointing authority, to the | 18 | | Board, and to the Secretary of State. Within 30 days after his | 19 | | or her appointment and before entering upon the duties of the | 20 | | office, each Board member shall take and subscribe to the | 21 | | constitutional oath of office and file it with the Secretary of | 22 | | State. Except as otherwise provided in this subsection, Board | 23 | | members shall hold office for a term of 4 years or until | 24 | | successors are appointed and qualified. The terms of the | 25 | | initial Board members shall expire as follows: |
| | | 09800SB1594sam002 | - 11 - | LRB098 10051 OMW 47099 a |
|
| 1 | | (1) The terms of the member from DuPage County and the | 2 | | member representing both Kane and Kendall Counties shall | 3 | | expire on July 1, 2007. | 4 | | (2) The terms of those members from Lake, McHenry, and | 5 | | Will Counties shall expire on July 1, 2009. | 6 | | (3) As designated at the time of appointment, the terms | 7 | | of 2 members from the City of Chicago shall expire on July | 8 | | 1, 2007 and the terms of 3 members from the City of Chicago | 9 | | shall expire on July 1, 2009. | 10 | | (4) The term of the member appointed by the President | 11 | | of the Cook County Board of Commissioners shall expire on | 12 | | July 1, 2007. | 13 | | (5) The terms of those members appointed, with the | 14 | | consent of the President of the Cook County Board of | 15 | | Commissioners, by the mayors representing those | 16 | | communities in Cook County that are outside of the City of | 17 | | Chicago and north of Devon Avenue shall expire on July 1, | 18 | | 2007. | 19 | | (6) The terms of those members appointed, with the | 20 | | consent of the President of the Cook County Board of | 21 | | Commissioners, by the mayors representing those | 22 | | communities in Cook County that are outside of the City of | 23 | | Chicago, south of Interstate 55, and west of Interstate 57, | 24 | | excluding the communities of Summit, Dixmoor, Posen, | 25 | | Robbins, Midlothian, Oak Forest, and Tinley Park, shall | 26 | | expire on July 1, 2007. |
| | | 09800SB1594sam002 | - 12 - | LRB098 10051 OMW 47099 a |
|
| 1 | | (7) The terms of those members appointed, with the | 2 | | consent of the President of the Cook County Board of | 3 | | Commissioners, by the mayor representing those communities | 4 | | in Cook County that are outside of the City of Chicago, | 5 | | south of Devon Avenue, and north of Interstate 55, and, in | 6 | | addition, the Village of Summit, shall expire on July 1, | 7 | | 2009. | 8 | | (8) The terms of those members appointed, with the | 9 | | consent of the President of the Cook County Board of | 10 | | Commissioners, by the mayors representing those | 11 | | communities in Cook County that are outside of the City of | 12 | | Chicago and east of Interstate 57, and, in addition, the | 13 | | communities of Dixmoor, Posen, Robbins, Midlothian, Oak | 14 | | Forest, and Tinley Park, shall expire on July 1, 2009. | 15 | | (9) The term of the member appointed by the Governor | 16 | | shall expire on the second Wednesday in January 2015 and | 17 | | every 4 years thereafter. | 18 | | (b) If a vacancy occurs, the appropriate appointing | 19 | | authority shall fill the vacancy by an appointment for the | 20 | | unexpired term. Board members shall receive no compensation, | 21 | | but shall be reimbursed for expenses incurred in the | 22 | | performance of their duties. | 23 | | (c) The Board shall be so appointed as to represent the | 24 | | City of Chicago, that part of Cook County outside the City of | 25 | | Chicago, and that part of the metropolitan region outside of | 26 | | Cook County on a one man one vote basis. Within 6 months after |
| | | 09800SB1594sam002 | - 13 - | LRB098 10051 OMW 47099 a |
|
| 1 | | the release of each certified federal decennial census, the | 2 | | Board shall review its composition and, if a change is | 3 | | necessary in order to comply with the representation | 4 | | requirements of this subsection (c), shall recommend the | 5 | | necessary revision for approval by the General Assembly. | 6 | | Notwithstanding the foregoing, Board composition shall not be | 7 | | revised to establish a voting member from any county that is | 8 | | not within the metropolitan region as defined in Section 1.03 | 9 | | of the Regional Transportation Authority Act. | 10 | | (d) Regular meetings of the Board shall be held at least | 11 | | once in each calendar quarter. The time and place of Board | 12 | | meetings shall be fixed by resolution of the Board. Special | 13 | | meetings of the Board may be called by the chairman or a | 14 | | majority of the Board members. A written notice of the time and | 15 | | place of any special meeting shall be provided to all Board | 16 | | members at least 3 days prior to the date fixed for the | 17 | | meeting, except that if the time and place of a special meeting | 18 | | is fixed at a regular meeting at which all Board members are | 19 | | present, no such written notice is required.
A majority of the | 20 | | Board members in office constitutes a quorum for the purpose of | 21 | | convening a meeting of the Board.
| 22 | | (e) The meetings of the Board shall be held in compliance | 23 | | with the Open Meetings Act. The Board shall maintain records in | 24 | | accordance with the provisions of the State Records Act. | 25 | | (f) At its initial meeting and its first regular meeting | 26 | | after July 1 of each year thereafter, the Board
from its |
| | | 09800SB1594sam002 | - 14 - | LRB098 10051 OMW 47099 a |
|
| 1 | | membership , and with the affirmative vote of at least 13 | 2 | | members, shall appoint a chairperson. chairman The Board and | 3 | | may appoint
vice chairpersons chairmen and shall provide the | 4 | | term and duties of those officers pursuant to its bylaws.
| 5 | | Before entering upon duties of office, the chairperson chairman | 6 | | shall execute a bond with corporate sureties to be approved by | 7 | | the Board and shall file it with the principal office of the | 8 | | Board. The bond shall be payable to the Board in whatever penal | 9 | | sum may be directed and shall be conditioned upon the faithful | 10 | | performance of the duties of office and the payment of all | 11 | | money received by the chairperson chairman according to law and | 12 | | the orders of the Board.
The Board may appoint, from time to | 13 | | time, an executive committee and standing and ad hoc committees | 14 | | to assist in carrying out its responsibilities.
| 15 | | (Source: P.A. 94-510, eff. 8-9-05; 95-677, eff. 10-11-07.) | 16 | | (70 ILCS 1707/25a new) | 17 | | Sec. 25a. Merger of the Regional Transportation Authority | 18 | | into the Chicago Metropolitan
Agency for Planning. | 19 | | (a) Within 8 months of the effective date of this | 20 | | amendatory Act of the 98th General Assembly, the Executive | 21 | | Director of CMAP, subject to the Board's authority and | 22 | | direction, shall merge the staff and operations of the RTA into | 23 | | CMAP to the fullest extent permissible under law. | 24 | | (b) By no later than January 1, 2015, the Board
shall | 25 | | prepare and recommend for enactment by the General
Assembly |
| | | 09800SB1594sam002 | - 15 - | LRB098 10051 OMW 47099 a |
|
| 1 | | legislation that meets the requirements of subsection
(c) of | 2 | | this Section. Prior to submitting its recommended
legislation | 3 | | to the General Assembly, the Board shall consult
with the | 4 | | appointing authorities of the Board, consider the | 5 | | recommendations of the Transit Executive Council, and conduct | 6 | | at
least 3 public hearings in Cook County and at least one | 7 | | public
hearing in each of the following counties: DuPage | 8 | | County, Kane
County, Kendall County, Lake County, McHenry | 9 | | County, and Will
County. Through the consultation and public | 10 | | hearing process,
the Board shall develop goals, objectives, and | 11 | | principles to
charge and guide the governance structure for | 12 | | regional
comprehensive planning and transit oversight. These | 13 | | goals,
objectives, and principles shall be in addition to the
| 14 | | responsibilities of the Board and agency set forth in this Act
| 15 | | and shall address and be generally consistent with the
| 16 | | following: | 17 | | (i) increase the use of public transit as a share of | 18 | | all trips in the northeastern Illinois region; | 19 | | (ii) ensure that transit services are well-maintained, | 20 | | and efficient; | 21 | | (iii) identify and eliminate unnecessary functions of
| 22 | | the RTA, CMAP, and the Service Boards; | 23 | | (iv) eliminate any functions of the RTA that duplicate | 24 | | functions of CMAP, the Service Boards, or other agencies; | 25 | | (v) ensure that methods of raising revenue and
| 26 | | allocating funds will reward
efficiency and coordinated |
| | | 09800SB1594sam002 | - 16 - | LRB098 10051 OMW 47099 a |
|
| 1 | | performance, are fair, are
adequate to meet the | 2 | | northeastern Illinois region's
changing needs, and are | 3 | | based on sound criteria, including, but not limited to, | 4 | | asset condition, number of riders impacted, reliability | 5 | | impact, safety impact, and operating and maintenance cost | 6 | | impact; and | 7 | | (vi) ensure that transit investments are consistent
| 8 | | with the regional comprehensive plan developed under
| 9 | | Section 45 of this Act. | 10 | | (c) The legislation prepared by the Board under subsection
| 11 | | (b) of this Section shall, without limitation: | 12 | | (i) merge the powers and authorities contained within
| 13 | | the Regional Transportation Authority Act into this Act to | 14 | | the extent needed to address the goals, objectives, and | 15 | | principles developed by the Board pursuant to subsection | 16 | | (b) of this Section; | 17 | | (ii) eliminate unnecessary or duplicative powers or | 18 | | authorities contained within the Regional Transportation | 19 | | Authority Act; | 20 | | (iii) provide that CMAP will assume the outstanding | 21 | | bonded indebtedness and other debts of the RTA and provide | 22 | | that all bonds, notes, and other evidences of indebtedness | 23 | | outstanding on the effective date of the legislation shall | 24 | | be unaffected by the merger of the RTA into CMAP; | 25 | | (iv) address the transfer of assets, liabilities, and
| 26 | | obligations from the RTA to CMAP; |
| | | 09800SB1594sam002 | - 17 - | LRB098 10051 OMW 47099 a |
|
| 1 | | (v) address the ability of employees to transfer | 2 | | creditable service to the pension system utilized by CMAP; | 3 | | (vi) establish methods for allocating operating
| 4 | | subsidies to the Service Boards that will replace those
| 5 | | methods in effect as of the effective date of this
| 6 | | amendatory Act of the 98th General Assembly, further the | 7 | | goals identified in subsection
(b) of this Section, and be | 8 | | consistent with the strategic
planning requirements | 9 | | contained in Sections 2.01 and 2.01a
of the Regional | 10 | | Transportation Authority Act, provided that those methods | 11 | | shall not, for any fiscal year of the RTA, result in an | 12 | | allocation to a Service Board of a dollar amount less than | 13 | | the dollar amount received by the Service Board pursuant to | 14 | | subsection (a) of Section 4.03.3 of the Regional | 15 | | Transportation Authority Act during the 2013 fiscal year | 16 | | unless total tax receipts of the RTA under Section 4.03 of | 17 | | the Regional Transportation Authority Act have declined; | 18 | | (vii) establish methods for allocating capital funding
| 19 | | to the Service Boards that will replace those methods in
| 20 | | effect as of the effective date of this amendatory Act of
| 21 | | the 98th General Assembly, further the goals identified in
| 22 | | subsection (b) of this Section, and be consistent with the
| 23 | | strategic planning processes and Five Year Capital Program
| 24 | | requirements contained in Sections 2.01, 2.01a, and 2.01b
| 25 | | of the Regional Transportation Authority Act; and | 26 | | (viii) include all other provisions needed to
|
| | | 09800SB1594sam002 | - 18 - | LRB098 10051 OMW 47099 a |
|
| 1 | | effectuate the merger of the staff, operations, and
| 2 | | functions of the RTA into CMAP. | 3 | | (d) By no later than July 1, 2015, the
Board shall, in | 4 | | cooperation with Department of
Transportation, the Toll | 5 | | Highway Authority, and the
Service Boards, develop, adopt, and | 6 | | commence implementation of
a plan to increase the use of public | 7 | | transit as a share of all trips in the northeastern Illinois | 8 | | region.
The Board shall ensure that the plan is cost effective | 9 | | and financially sound. Upon adoption, the plan shall be | 10 | | submitted to the Governor, the President of the Senate, the | 11 | | Speaker of the House of Representatives, the Minority Leader of | 12 | | the Senate, and the Minority Leader of the House of | 13 | | Representatives. | 14 | | (e) All bonds, notes, and other evidences of indebtedness | 15 | | of the RTA that are outstanding as of the effective date of | 16 | | this amendatory Act of the 98th General Assembly shall be | 17 | | unaffected by the merger of staff and operations of the RTA | 18 | | into CMAP pursuant to this Section. | 19 | | (70 ILCS 1707/30)
| 20 | | Sec. 30. Jurisdiction and area of operation. The | 21 | | jurisdiction and area of operation of the Board includes Cook, | 22 | | DuPage, Kane, Kendall, Lake, McHenry, and Will Counties. The | 23 | | Board may enter into agreements with units of local government | 24 | | located outside of, but contiguous to, its jurisdiction and | 25 | | area of operation in order to include those areas in plans for |
| | | 09800SB1594sam002 | - 19 - | LRB098 10051 OMW 47099 a |
|
| 1 | | the region. For activities related to the MPO, the jurisdiction | 2 | | of the MPO shall be that area defined by federal requirements. | 3 | | For the exercise of authority under the Regional Transportation | 4 | | Authority Act, the jurisdiction and area of operation of the | 5 | | Board includes only the metropolitan region as defined in | 6 | | Section 1.03 of the Regional Transportation Authority Act.
| 7 | | (Source: P.A. 94-510, eff. 8-9-05.) | 8 | | (70 ILCS 1707/35)
| 9 | | Sec. 35. General powers and authority. In addition to any | 10 | | other rights, powers, duties, or obligations granted to the | 11 | | Board under this Act or specifically granted to the Board under | 12 | | any other law, the Board has all of the following general | 13 | | powers and authority: | 14 | | (1) To sue and be sued in its official name. | 15 | | (2) To enter into agreements with units of local | 16 | | government, transportation agencies, State agencies, | 17 | | federal agencies, and persons in order to implement any of | 18 | | the provisions of this Act, including agreements for | 19 | | specialized planning services. | 20 | | (3) To accept and expend, for purposes consistent with | 21 | | the purposes of this Act, funds and moneys from any source, | 22 | | including gifts, bequests, grants, appropriations, loans, | 23 | | or contributions made by any person, unit of local | 24 | | government, the State, or the federal government. | 25 | | (4) To enter into contracts or other transactions with |
| | | 09800SB1594sam002 | - 20 - | LRB098 10051 OMW 47099 a |
|
| 1 | | any unit of local government, transportation agency, State | 2 | | agency, public or private organization, or any other source | 3 | | in furtherance of the purpose of this Act, and to take any | 4 | | necessary action in order to avail itself of such aid and | 5 | | cooperation. | 6 | | (5) To purchase, receive, take by grant, gift, devise, | 7 | | or bequest, lease, or otherwise acquire, own, hold, | 8 | | improve, employ, use, and otherwise deal in and with real | 9 | | or personal property, or any interest therein, wherever | 10 | | situated. | 11 | | (6) To adopt, alter, or repeal its own bylaws and any | 12 | | rules that the Board deems necessary in governing the | 13 | | exercise of its authority and the performance of its duties | 14 | | under this Act. | 15 | | (7) To make purchases under this Act in compliance with | 16 | | the Local Government Prompt Payment Act. | 17 | | (8) To adopt an annual operating budget and work | 18 | | program for each fiscal year and make appropriations in | 19 | | accordance with the Illinois Municipal Budget Law and to | 20 | | have the power to expend such budgeted moneys. | 21 | | (9) To exercise any other implied powers that are | 22 | | necessary or convenient for the Board to accomplish its | 23 | | purposes and that are not inconsistent with its expressed | 24 | | powers. | 25 | | (10) To cooperate with any planning agency of a state | 26 | | contiguous to the region in order to integrate and |
| | | 09800SB1594sam002 | - 21 - | LRB098 10051 OMW 47099 a |
|
| 1 | | coordinate plans for development of urban areas in that | 2 | | state with the regional comprehensive plan developed under | 3 | | this Act. | 4 | | (11) To serve as the corporate authorities and | 5 | | governing body of the RTA under the Regional Transportation | 6 | | Authority Act and to assume all powers and duties of the | 7 | | Board of the RTA, as provided in the Regional | 8 | | Transportation Authority Act. | 9 | | (12) To manage the operations of the RTA until the time | 10 | | when such agency is fully merged into CMAP, including, | 11 | | without limitation, determining the appropriate | 12 | | designation of all programs established or administered | 13 | | pursuant to the Regional Transportation Authority Act. | 14 | | (13) To manage the operating and capital plans and | 15 | | expenditures of CMAP and the RTA in accordance with the | 16 | | continuing evaluation, review, and audit processes | 17 | | provided in Section 2.01(b) of the Regional Transportation | 18 | | Authority Act. | 19 | | (14) To do and perform all acts necessary to assume and | 20 | | pay all of the bonded indebtedness and other debts and | 21 | | obligations of the RTA.
| 22 | | (Source: P.A. 94-510, eff. 8-9-05.) | 23 | | Section 15. The Regional Transportation Authority Act is | 24 | | amended by changing Sections 2.14, 3.01, 4.01, and 4.07 as | 25 | | follows:
|
| | | 09800SB1594sam002 | - 22 - | LRB098 10051 OMW 47099 a |
|
| 1 | | (70 ILCS 3615/2.14) (from Ch. 111 2/3, par. 702.14)
| 2 | | Sec. 2.14. Appointment of Officers and Employees. The | 3 | | Authority may appoint,
retain and employ officers, attorneys, | 4 | | agents, engineers and employees.
The officers shall include an | 5 | | Executive Director, who shall be the chief
executive officer of | 6 | | the Authority and who shall be the same Executive Director | 7 | | hired under Section 20 of the Regional Planning Act , appointed | 8 | | by the Chairman with the concurrence
of 11
of the other then | 9 | | Directors of the Board . The employment of the Executive | 10 | | Director of the Authority in office on the effective date of | 11 | | this amendatory Act of the 98th General Assembly shall | 12 | | terminate on the effective date of this amendatory Act of the | 13 | | 98th General Assembly. The Executive Director
shall organize | 14 | | the staff of the Authority, shall
allocate their functions and | 15 | | duties, shall transfer such staff to the
Suburban Bus Division | 16 | | and the Commuter Rail
Division as is sufficient to meet their | 17 | | purposes, shall fix compensation
and conditions of employment | 18 | | of the staff of the Authority, and consistent
with the policies | 19 | | of and direction from the Board, take all actions
necessary to | 20 | | achieve its purposes, fulfill
its responsibilities and carry | 21 | | out its powers, and shall have such other
powers and | 22 | | responsibilities as the Board shall determine. The Executive
| 23 | | Director must be an individual
of proven transportation and | 24 | | management skills and may not be a member of
the Board. The | 25 | | Authority may employ its own professional
management personnel |
| | | 09800SB1594sam002 | - 23 - | LRB098 10051 OMW 47099 a |
|
| 1 | | to provide professional and technical expertise concerning
its | 2 | | purposes and powers and to assist it in assessing the | 3 | | performance of the
Service Boards in the metropolitan region.
| 4 | | No unlawful discrimination, as defined and prohibited in | 5 | | the Illinois Human
Rights Act, shall be made in any term or | 6 | | aspect of employment
nor shall there be discrimination based | 7 | | upon political reasons or
factors. The Authority shall | 8 | | establish regulations to insure that its
discharges shall not | 9 | | be arbitrary and that hiring and promotion are
based on merit.
| 10 | | The Authority shall be subject to the "Illinois Human | 11 | | Rights
Act", as now or hereafter amended, and the remedies and | 12 | | procedure
established thereunder. The Authority shall file an | 13 | | affirmative action
program for employment by it with the | 14 | | Department of Human Rights to ensure
that applicants are
| 15 | | employed and that employees are treated during employment, | 16 | | without
regard to unlawful discrimination. Such affirmative
| 17 | | action program shall include provisions relating to hiring, | 18 | | upgrading,
demotion, transfer, recruitment, recruitment | 19 | | advertising, selection for
training and rates of pay or other | 20 | | forms of compensation.
| 21 | | (Source: P.A. 95-708, eff. 1-18-08.)
| 22 | | (70 ILCS 3615/3.01) (from Ch. 111 2/3, par. 703.01)
| 23 | | Sec. 3.01. Board of Directors. The
corporate authorities | 24 | | and governing body of the Authority shall
be the Board of the | 25 | | Chicago Metropolitan Agency for Planning appointed pursuant to |
| | | 09800SB1594sam002 | - 24 - | LRB098 10051 OMW 47099 a |
|
| 1 | | Section 15 of the Regional Planning Act. Notwithstanding any | 2 | | contrary provisions of this Act, any action or approval that | 3 | | requires the affirmative vote of the governing body of the | 4 | | Authority may be authorized by the affirmative vote of | 5 | | three-fourths of the members of the Board appointed pursuant to | 6 | | Section 15 of the Regional Planning Act. a Board consisting of | 7 | | 13 Directors until April 1, 2008, and 16 Directors thereafter, | 8 | | appointed as follows:
| 9 | | (a) Four Directors appointed by the Mayor of the City of
| 10 | | Chicago, with the advice and consent of the City Council of the | 11 | | City of
Chicago, and, only until April 1, 2008, a fifth | 12 | | director who shall be the Chairman of the Chicago
Transit | 13 | | Authority. After April 1, 2008, the Mayor of the City of | 14 | | Chicago, with the advice and consent of the City Council of the | 15 | | City of Chicago, shall appoint a fifth Director. The Directors | 16 | | appointed by the Mayor of the City of Chicago shall not be the | 17 | | Chairman or a Director of the Chicago Transit Authority. Each | 18 | | such Director shall reside in the City of Chicago.
| 19 | | (b) Four Directors appointed by the votes of a majority of | 20 | | the members of the Cook County Board
elected from districts, a | 21 | | majority of
the electors of which reside outside Chicago. After | 22 | | April 1, 2008, a fifth Director appointed by the President of | 23 | | the Cook County Board with the advice and consent of the | 24 | | members of the Cook County Board.
Each Director appointed under | 25 | | this subparagraph shall reside in that part of Cook County | 26 | | outside
Chicago.
|
| | | 09800SB1594sam002 | - 25 - | LRB098 10051 OMW 47099 a |
|
| 1 | | (c) Until April 1, 2008, 3 Directors appointed by the | 2 | | Chairmen of the County Boards of DuPage, Kane, Lake, McHenry, | 3 | | and Will Counties, as follows:
| 4 | | (i) Two Directors appointed by the Chairmen of the | 5 | | county boards
of Kane, Lake, McHenry and Will Counties, | 6 | | with the concurrence of not less
than a majority of the | 7 | | Chairmen from such counties, from nominees by
the Chairmen. | 8 | | Each such Chairman may nominate not more than 2 persons for
| 9 | | each position. Each such Director shall reside in a county | 10 | | in the metropolitan
region other than Cook or DuPage | 11 | | Counties.
| 12 | | (ii)
One Director appointed by the Chairman
of the | 13 | | DuPage County Board with the advice and consent of the | 14 | | DuPage County Board. Such Director
shall reside in DuPage | 15 | | County.
| 16 | | (d) After April 1, 2008, 5 Directors appointed by the | 17 | | Chairmen of the County Boards of DuPage, Kane, Lake and McHenry | 18 | | Counties and the County Executive of Will County, as follows:
| 19 | | (i) One Director appointed by the Chairman of the Kane | 20 | | County Board with the advice and consent of the Kane County | 21 | | Board. Such Director shall reside in Kane County.
| 22 | | (ii) One Director appointed by the County Executive of | 23 | | Will County with the advice and consent of the Will County | 24 | | Board. Such Director shall reside in Will County.
| 25 | | (iii) One Director appointed by the Chairman of the | 26 | | DuPage County Board with the advice and consent of the |
| | | 09800SB1594sam002 | - 26 - | LRB098 10051 OMW 47099 a |
|
| 1 | | DuPage County Board. Such Director shall reside in DuPage | 2 | | County.
| 3 | | (iv) One Director appointed by the Chairman of the Lake | 4 | | County Board with the advice and consent of the Lake County | 5 | | Board. Such Director shall reside in Lake County.
| 6 | | (v) One Director appointed by the Chairman of the | 7 | | McHenry County Board with the advice and consent of the | 8 | | McHenry County Board. Such Director shall reside in McHenry | 9 | | County.
| 10 | | (vi) To implement the changes in appointing authority | 11 | | under this subparagraph (d) the three Directors appointed | 12 | | under subparagraph (c) and residing in Lake County, DuPage | 13 | | County, and Kane County respectively shall each continue to | 14 | | serve as Director until the expiration of their respective | 15 | | term of office and until his or her successor is appointed | 16 | | and qualified or a vacancy occurs in the office. Thereupon, | 17 | | the appointment shall be made by the officials given | 18 | | appointing authority with respect to the Director whose | 19 | | term has expired or office has become vacant.
| 20 | | (e)
The Chairman serving on the effective date of this | 21 | | amendatory Act of the 95th General Assembly shall continue to | 22 | | serve as Chairman until the expiration of his or her term of | 23 | | office and until his or her successor is appointed and | 24 | | qualified or a vacancy occurs in the office. Upon the | 25 | | expiration or vacancy of the term of the Chairman then serving | 26 | | upon the effective date of this amendatory Act of the 95th |
| | | 09800SB1594sam002 | - 27 - | LRB098 10051 OMW 47099 a |
|
| 1 | | General Assembly, the Chairman shall be appointed by the other | 2 | | Directors, by the affirmative vote of at least 11 of the then | 3 | | Directors with at least 2 affirmative votes from Directors who | 4 | | reside in the City of Chicago, at least 2 affirmative votes | 5 | | from Directors who reside in Cook County outside the City of | 6 | | Chicago, and at least 2 affirmative votes from Directors who | 7 | | reside in the Counties of DuPage, Lake, Will, Kane, or McHenry. | 8 | | The
chairman shall not be appointed from among the other | 9 | | Directors. The chairman
shall be a resident of the metropolitan | 10 | | region.
| 11 | | (f) Except as otherwise provided by this Act no Director
| 12 | | shall, while serving as such, be an officer,
a member of the | 13 | | Board of Directors or Trustees or an employee of any Service | 14 | | Board or transportation
agency, or be an employee of the State | 15 | | of Illinois or any department or
agency thereof, or of any unit | 16 | | of local government or receive any compensation
from any | 17 | | elected or appointed office under the Constitution and laws of
| 18 | | Illinois; except that a Director may be a member of a school | 19 | | board.
| 20 | | (g) Each appointment made under this Section and
under | 21 | | Section 3.03 shall be certified by the appointing authority to | 22 | | the
Board, which shall maintain the certifications as part of | 23 | | the official
records of the Authority.
| 24 | | (h) (Blank).
| 25 | | (Source: P.A. 95-708, eff. 1-18-08.)
|
| | | 09800SB1594sam002 | - 28 - | LRB098 10051 OMW 47099 a |
|
| 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 adopted by the affirmative vote of at | 5 | | least 12 of its then Directors (i) appropriate money to perform | 6 | | the
Authority's purposes and provide for payment of debts and | 7 | | expenses of
the Authority, (ii) take action with respect to the | 8 | | budget and two-year financial plan of each Service Board, as | 9 | | provided in Section 4.11, and (iii) adopt an Annual Budget and | 10 | | Two-Year Financial Plan for the Authority that includes the | 11 | | annual budget and two-year financial plan of each Service Board | 12 | | that has been approved by the Authority. The Annual Budget and | 13 | | Two-Year Financial Plan
shall contain a statement
of the funds | 14 | | estimated to be on hand for the Authority and each Service | 15 | | Board at the beginning of the fiscal
year, the funds estimated | 16 | | to be received from all sources for such year, the estimated | 17 | | expenses and obligations of the Authority and each Service | 18 | | Board for all purposes, including expenses for contributions to | 19 | | be made with respect to pension and other employee benefits,
| 20 | | and the funds estimated to be on hand at the end of such year. | 21 | | The fiscal year of the Authority and each Service Board shall
| 22 | | begin on January 1st and end on the succeeding December 31st.
| 23 | | By July 1st of each year the Director of the
Illinois
| 24 | | Governor's Office of Management and Budget (formerly Bureau of | 25 | | the
Budget) shall submit
to the Authority an estimate of | 26 | | revenues for the next fiscal year of the Authority to be
|
| | | 09800SB1594sam002 | - 29 - | LRB098 10051 OMW 47099 a |
|
| 1 | | collected from the taxes imposed by the Authority and the | 2 | | amounts to be
available in the Public Transportation Fund and | 3 | | the Regional Transportation
Authority Occupation and Use Tax | 4 | | Replacement Fund and the amounts otherwise to be appropriated | 5 | | by the State to the Authority for its purposes. The Authority | 6 | | shall file a copy of its Annual Budget and Two-Year Financial | 7 | | Plan with
the
General Assembly and the Governor after its | 8 | | adoption. Before the proposed Annual Budget and Two-Year | 9 | | Financial Plan
is adopted, the Authority
shall hold at least | 10 | | one public hearing thereon
in the metropolitan region, and | 11 | | shall meet
with the county board or its designee of
each of the | 12 | | several counties in the metropolitan region. After conducting
| 13 | | such hearings and holding such meetings and after making such | 14 | | changes
in the proposed Annual Budget and Two-Year Financial | 15 | | Plan
as the Board deems appropriate, the
Board shall adopt its | 16 | | annual appropriation and Annual Budget and Two-Year Financial | 17 | | Plan
ordinance. The ordinance may be adopted
only upon the | 18 | | affirmative votes of 12
of its then Directors. The
ordinance | 19 | | shall appropriate such sums of money as are deemed necessary
to | 20 | | defray all necessary expenses and obligations of the Authority,
| 21 | | specifying purposes and the objects or programs for which | 22 | | appropriations
are made and the amount appropriated for each | 23 | | object or program.
Additional appropriations, transfers | 24 | | between items and other changes in
such ordinance may be made | 25 | | from time to time by the Board upon the
affirmative votes of 12
| 26 | | of its then Directors.
|
| | | 09800SB1594sam002 | - 30 - | LRB098 10051 OMW 47099 a |
|
| 1 | | (b) The Annual Budget and Two-Year Financial Plan
shall | 2 | | show a balance between anticipated revenues from
all sources | 3 | | and anticipated expenses including funding of operating | 4 | | deficits
or the discharge of encumbrances incurred in prior | 5 | | periods and payment of
principal and interest when due, and | 6 | | shall show cash balances sufficient
to pay with reasonable | 7 | | promptness all obligations and expenses as incurred.
| 8 | | The Annual Budget and Two-Year Financial Plan
must show: | 9 | |
(i) that the level of fares
and charges for mass | 10 | | transportation provided by, or under grant or purchase
of | 11 | | service contracts of, the Service Boards is sufficient to | 12 | | cause the
aggregate of all projected fare revenues from | 13 | | such fares and charges received
in each fiscal year to | 14 | | equal at least 50% of the aggregate costs of providing
such | 15 | | public transportation in such fiscal year. "Fare revenues" | 16 | | include
the proceeds of all fares and charges for services | 17 | | provided, contributions
received in connection with public | 18 | | transportation from units of local
government other than | 19 | | the Authority, except for contributions received by the | 20 | | Chicago Transit Authority from a real estate transfer tax | 21 | | imposed under subsection (i) of Section 8-3-19 of the | 22 | | Illinois Municipal Code, and from the State pursuant to | 23 | | subsection
(i) of Section 2705-305 of the Department of | 24 | | Transportation Law (20 ILCS
2705/2705-305), and all other | 25 | | operating revenues properly included consistent
with | 26 | | generally accepted accounting principles but do not |
| | | 09800SB1594sam002 | - 31 - | LRB098 10051 OMW 47099 a |
|
| 1 | | include: the proceeds
of any borrowings, and, beginning | 2 | | with the 2007 fiscal year, all revenues and receipts, | 3 | | including but not limited to fares and grants received from | 4 | | the federal, State or any unit of local government or other | 5 | | entity, derived from providing ADA paratransit service | 6 | | pursuant to Section 2.30 of the Regional Transportation | 7 | | Authority Act. "Costs" include all items properly included | 8 | | as operating
costs consistent with generally accepted | 9 | | accounting principles, including
administrative costs, but | 10 | | do not include: depreciation; payment of principal
and | 11 | | interest on bonds, notes or
other evidences of obligation | 12 | | for borrowed money issued by the Authority;
payments with | 13 | | respect to public transportation facilities made pursuant
| 14 | | to subsection (b) of Section 2.20 of this Act; any payments | 15 | | with respect
to rate protection contracts, credit | 16 | | enhancements or liquidity agreements
made under Section | 17 | | 4.14; any other cost to which it
is reasonably expected | 18 | | that a cash expenditure
will not be made; costs for | 19 | | passenger
security including grants, contracts, personnel, | 20 | | equipment and
administrative expenses, except in the case | 21 | | of the Chicago Transit
Authority, in which case the term | 22 | | does not include costs spent annually by
that entity for | 23 | | protection against crime as required by Section 27a of the
| 24 | | Metropolitan Transit Authority Act; the payment by the | 25 | | Chicago Transit Authority of Debt Service, as defined in | 26 | | Section 12c of the Metropolitan Transit Authority Act, on |
| | | 09800SB1594sam002 | - 32 - | LRB098 10051 OMW 47099 a |
|
| 1 | | bonds or notes issued pursuant to that Section; the payment | 2 | | by the Commuter Rail Division of debt service on bonds | 3 | | issued pursuant to Section 3B.09; expenses incurred by the | 4 | | Suburban Bus Division for the cost of new public | 5 | | transportation services funded from grants pursuant to | 6 | | Section 2.01e of this amendatory Act of the 95th General | 7 | | Assembly for a period of 2 years from the date of | 8 | | initiation of each such service; costs as exempted by the | 9 | | Board for
projects pursuant to Section 2.09 of this Act; | 10 | | or, beginning with the 2007 fiscal year, expenses related | 11 | | to providing ADA paratransit service pursuant to Section | 12 | | 2.30 of the Regional Transportation Authority Act; and in | 13 | | fiscal years 2008 through 2012 inclusive, costs in the | 14 | | amount of $200,000,000 in fiscal year 2008, reducing by | 15 | | $40,000,000 in each fiscal year thereafter until this | 16 | | exemption is eliminated; and | 17 | | (ii) that the level of fares charged for ADA | 18 | | paratransit services is sufficient to cause the aggregate | 19 | | of all projected revenues from such fares charged and | 20 | | received in each fiscal year to equal at least 10% of the | 21 | | aggregate costs of providing such ADA paratransit | 22 | | services. For purposes of this Act, the percentages in this | 23 | | subsection (b)(ii) shall be referred to as the "system | 24 | | generated ADA paratransit services revenue recovery | 25 | | ratio". For purposes of the system generated ADA | 26 | | paratransit services revenue recovery ratio, "costs" shall |
| | | 09800SB1594sam002 | - 33 - | LRB098 10051 OMW 47099 a |
|
| 1 | | include all items properly included as operating costs | 2 | | consistent with generally accepted accounting principles. | 3 | | However, the Board may exclude from costs an amount that | 4 | | does not exceed the allowable "capital costs of | 5 | | contracting" for ADA paratransit services pursuant to the | 6 | | Federal Transit Administration guidelines for the | 7 | | Urbanized Area Formula Program.
| 8 | | (c) The actual administrative expenses of the Authority for | 9 | | the fiscal
year commencing January 1, 1985 may not exceed | 10 | | $5,000,000.
The actual administrative expenses of the | 11 | | Authority for the fiscal year
commencing January 1, 1986, and | 12 | | for each fiscal year thereafter shall not
exceed the maximum | 13 | | administrative expenses for the previous fiscal year plus
5%. | 14 | | The actual administrative expenses of the Authority for the | 15 | | second fiscal year commencing after the effective date of this | 16 | | amendatory Act of the 98th General Assembly shall not exceed | 17 | | 50% of the actual administrative expenses of the Authority for | 18 | | the fiscal year during which the effective date of this | 19 | | amendatory Act of the 98th General Assembly occurs. The full | 20 | | amount resulting from the reduction in administrative expenses | 21 | | described in the preceding sentence shall be distributed to the | 22 | | Service Boards. "Administrative
expenses" are defined for | 23 | | purposes of this Section as all expenses except:
(1) capital | 24 | | expenses and purchases of the Authority on behalf of the | 25 | | Service
Boards; (2) payments to Service Boards; and (3) payment | 26 | | of principal
and interest on bonds, notes or other evidence of |
| | | 09800SB1594sam002 | - 34 - | LRB098 10051 OMW 47099 a |
|
| 1 | | obligation for borrowed
money issued by the Authority; (4) | 2 | | costs for passenger security including
grants, contracts, | 3 | | personnel, equipment and administrative expenses; (5)
payments | 4 | | with respect to public transportation facilities made pursuant | 5 | | to
subsection (b) of Section 2.20 of this Act; and (6) any | 6 | | payments with
respect to rate protection contracts, credit | 7 | | enhancements or liquidity
agreements made pursuant to Section | 8 | | 4.14.
| 9 | | (d) This subsection applies only until the Department | 10 | | begins administering and enforcing an increased tax under | 11 | | Section 4.03(m) as authorized by this amendatory Act of the | 12 | | 95th General Assembly. After withholding 15% of the proceeds of | 13 | | any tax imposed by the
Authority and 15% of money received by | 14 | | the Authority from the Regional
Transportation Authority | 15 | | Occupation and Use Tax Replacement Fund,
the Board shall | 16 | | allocate the proceeds and money remaining to the Service
Boards | 17 | | as follows: (1) an amount equal to 85% of the proceeds of those
| 18 | | taxes collected within the City of Chicago and 85% of the money | 19 | | received by
the Authority on account of transfers to the | 20 | | Regional Transportation
Authority Occupation and Use Tax | 21 | | Replacement Fund from the County and Mass
Transit District Fund | 22 | | attributable to retail sales within the City of
Chicago shall | 23 | | be allocated to the Chicago Transit
Authority; (2) an amount | 24 | | equal to 85% of the proceeds of those taxes
collected within | 25 | | Cook County outside the City of Chicago and 85% of the
money | 26 | | received by the Authority on account of transfers to the |
| | | 09800SB1594sam002 | - 35 - | LRB098 10051 OMW 47099 a |
|
| 1 | | Regional
Transportation Authority Occupation and Use Tax | 2 | | Replacement Fund from the
County and Mass Transit District Fund | 3 | | attributable to retail sales within
Cook County outside of the | 4 | | city of Chicago shall be allocated
30% to the Chicago Transit | 5 | | Authority, 55% to the Commuter Rail Board and
15% to the | 6 | | Suburban Bus Board; and (3) an amount equal to 85% of the
| 7 | | proceeds of the taxes collected within the Counties of DuPage, | 8 | | Kane, Lake,
McHenry and Will shall be allocated 70% to the | 9 | | Commuter Rail Board and 30%
to the Suburban Bus Board.
| 10 | | (e) This subsection applies only until the Department | 11 | | begins administering and enforcing an increased tax under | 12 | | Section 4.03(m) as authorized by this amendatory Act of the | 13 | | 95th General Assembly. Moneys received by the Authority on | 14 | | account of transfers to the
Regional Transportation Authority | 15 | | Occupation and Use Tax Replacement Fund
from the State and | 16 | | Local Sales Tax Reform Fund shall be
allocated among the | 17 | | Authority and the Service Boards as follows: 15% of
such moneys | 18 | | shall be retained by the Authority and the remaining 85%
shall | 19 | | be transferred to the Service Boards as soon as may be
| 20 | | practicable after the Authority receives payment. Moneys which | 21 | | are
distributable to the Service Boards pursuant to the | 22 | | preceding sentence
shall be allocated among the Service Boards | 23 | | on the basis of each Service
Board's distribution ratio. The | 24 | | term "distribution ratio" means,
for purposes of this | 25 | | subsection (e) of this Section 4.01, the ratio of
the total | 26 | | amount distributed to a Service Board pursuant to subsection |
| | | 09800SB1594sam002 | - 36 - | LRB098 10051 OMW 47099 a |
|
| 1 | | (d)
of Section 4.01 for the immediately preceding calendar year | 2 | | to the total
amount distributed to all of the Service Boards | 3 | | pursuant to subsection (d)
of Section 4.01 for the immediately | 4 | | preceding calendar year.
| 5 | | (f) To carry out its duties and responsibilities under this | 6 | | Act,
the Board shall employ staff which shall: (1) propose for | 7 | | adoption by the Board of the Authority rules for the Service | 8 | | Boards that establish (i) forms and schedules to be used and | 9 | | information required to be provided with respect to a five-year | 10 | | capital program, annual budgets, and two-year financial plans | 11 | | and regular reporting of actual results against adopted budgets | 12 | | and financial plans, (ii) financial practices to be followed in | 13 | | the budgeting and expenditure of public funds, (iii) | 14 | | assumptions and projections that must be followed in preparing | 15 | | and submitting its annual budget and two-year financial plan or | 16 | | a five-year capital program; (2) evaluate for
the Board public | 17 | | transportation programs operated or proposed by
the Service | 18 | | Boards and
transportation agencies in terms of the goals and | 19 | | objectives set out in the Strategic Plan; (3)
keep the Board | 20 | | and the public informed of the extent to which the Service | 21 | | Boards and transportation agencies are meeting the goals and | 22 | | objectives adopted by the Authority in the Strategic Plan; and | 23 | | (4) assess the efficiency or adequacy of public transportation | 24 | | services provided by a Service Board and make recommendations | 25 | | for change in that service
to the end that the moneys
available | 26 | | to the Authority may be
expended in the most economical manner |
| | | 09800SB1594sam002 | - 37 - | LRB098 10051 OMW 47099 a |
|
| 1 | | possible with the least possible
duplication. | 2 | | (g) All
Service Boards, transportation agencies, | 3 | | comprehensive planning agencies, including the Chicago | 4 | | Metropolitan Agency for Planning, or
transportation planning | 5 | | agencies in the metropolitan region shall
furnish to the | 6 | | Authority
such information pertaining to public
transportation | 7 | | or relevant for plans therefor as it may from time to time
| 8 | | require. The Executive Director, or his or her designee, shall, | 9 | | for the purpose of
securing any such information necessary or | 10 | | appropriate to carry out any of the powers and responsibilities | 11 | | of the Authority under this Act, have access to, and the right | 12 | | to examine, all
books, documents, papers or records of a | 13 | | Service Board or any transportation
agency receiving funds from | 14 | | the Authority
or Service Board, and such Service Board or | 15 | | transportation agency shall comply with any request by the | 16 | | Executive Director, or his or her designee, within 30 days or | 17 | | an extended time provided by the Executive Director.
| 18 | | (h) No Service Board shall undertake any capital | 19 | | improvement which is not identified in the Five-Year Capital | 20 | | Program.
| 21 | | (Source: P.A. 94-370, eff. 7-29-05; 95-708, eff. 1-18-08; | 22 | | 95-906, eff. 8-26-08.)
| 23 | | (70 ILCS 3615/4.07) (from Ch. 111 2/3, par. 704.07)
| 24 | | Sec. 4.07. Bonds, Notes and Certificates to be Legal | 25 | | Investments.
|
| | | 09800SB1594sam002 | - 38 - | LRB098 10051 OMW 47099 a |
|
| 1 | | The State, all units of local government, all public | 2 | | officers, banks,
bankers, trust companies, savings banks and | 3 | | institutions, building and loan
associations, savings and loan | 4 | | associations, investment companies and other
persons carrying | 5 | | on a banking business, insurance companies, insurance
| 6 | | associations and other persons carrying on an insurance | 7 | | business, and all
executors, administrators, guardians, | 8 | | trustees and other fiduciaries may
legally invest any sinking | 9 | | funds, monies or other funds belonging to them
or within their | 10 | | control in any bonds, notes or equipment trust certificates
| 11 | | issued pursuant to this Act, it being the purpose of this | 12 | | Section to
authorize the investment in such bonds, notes or | 13 | | certificates of all
sinking, insurance, retirement, | 14 | | compensation, pension and trust funds,
whether owned or | 15 | | controlled by private or public persons or officers:
provided, | 16 | | however, that nothing contained in this Section may be | 17 | | construed
as relieving any person, firm or corporation from any | 18 | | duty of exercising
reasonable care in selecting securities for | 19 | | purchase or investment. All bonds, notes, certificates, or | 20 | | other evidences of indebtedness of the Authority outstanding on | 21 | | the effective date of this amendatory Act of the 98th General | 22 | | Assembly shall be unaffected by the changes in governance of | 23 | | the Authority made pursuant to this amendatory Act of the 98th | 24 | | General Assembly.
| 25 | | (Source: P.A. 78-3rd S.S.-5.)
|
| | | 09800SB1594sam002 | - 39 - | LRB098 10051 OMW 47099 a |
|
| 1 | | (70 ILCS 3615/3.02 rep.) | 2 | | (70 ILCS 3615/3.03 rep.) | 3 | | (70 ILCS 3615/3.04 rep.) | 4 | | Section 20. The Regional Transportation Authority Act is | 5 | | amended by repealing Sections 3.02, 3.03, and 3.04.
| 6 | | Section 99. Effective date. This Act takes effect upon | 7 | | becoming law.".
|
|