(70 ILCS 3615/2.02) (from Ch. 111 2/3, par. 702.02)
Sec. 2.02. Purchase of service contracts; grants. (a) The Service Boards
may purchase public transportation from transportation agencies upon
such terms and conditions as may be set forth in purchase of service
agreements between the Service Boards and the transportation agencies.
(b) Grants may be made either by: (i) the Authority to a Service
Board; or (ii) a Service Board to either a transportation agency or another
Service Board, all for
operating and other expenses, or for developing or planning public
transportation or for constructing or acquiring public transportation
facilities, all upon such terms and conditions as that Service Board or
the Authority shall
prescribe or as that Service Board and the Authority or that Service
Board and the transportation
agency shall agree
in any grant contract.
(c) The Board shall adopt, to the extent it determines feasible,
guidelines setting forth uniform standards for the making of grants and
purchase of service agreements. Such grant contracts or purchase of
service agreements may be for such number of years or duration as the
parties shall agree.
Any purchase of service agreement with a transportation agency which
is not a public body shall be upon terms and conditions which will allow
the transportation agency to receive for the public transportation
provided pursuant to the agreement net income, after reasonable
deductions for depreciation and other proper and necessary reserves,
equal to an amount which is a reasonable return upon the value of such
portion of the transportation agency's property as is used and useful in
rendering such transportation service. This paragraph shall be construed
in a manner consistent with the principles applicable to such a
transportation agency in rate proceedings under the Public Utilities Act.
This paragraph shall not be construed to provide for the funding of
reserves or guarantee that such a transportation agency shall in fact
receive any return. A Service Board shall, within
180 days after receiving
a written request from a transportation agency which is not a public
body, tender and offer to enter into with such transportation agency a
purchase of service agreement that is in conformity with this Act and
that covers the public transportation services by rail (other than
experimental or demonstration services) which such agency is providing
at the time of such request and which services either were in operation
for at least one year immediately preceding the effective date of this
Act or were in operation pursuant to a purchase of service or grant
agreement with the Authority or Service Board. No such tender by a
Service Board need be
made before April 1, 1975. The first purchase of service agreement so
requested shall not, unless the parties agree otherwise, become
effective prior to June 30, 1975. If, following such a request and
tender, a Service Board and the transportation agency
do not agree upon
the amount of compensation to be provided to the agency by the Service
Board
under the purchase of service agreement or fares and charges under the
purchase of service agreement, either of them may submit such unresolved
issues to the Illinois Commerce Commission for determination. The
Commission shall determine the unresolved issues in conformity with this
Act. The Commission's determination shall be set forth in writing,
together with such terms as are agreed by the parties and any other
unresolved terms as tendered by the Service Board, in
a single document
which shall constitute the entire purchase of service agreement between
the Service Board and the transportation agency, which
agreement, in the
absence of contrary agreement by the parties, shall be for a term of 3
years effective as of July 1, 1975, or, if the agreement is requested to
succeed a currently effective or recently expired purchase of service
agreement between the parties, as of the date of such expiration. The
decision of the Commission shall be binding upon the Service Board and the
transportation agency, subject to judicial review as provided in the Public Utilities Act, but the parties may at any time mutually amend or
terminate a purchase of service agreement. Prompt settlement between the
parties shall be made of any sums owing under the terms of the purchase
of service agreement so established for public transportation services
performed on and after the effective date of any such agreement.
If the Authority reduces the amount of operating subsidy available to
a Service Board under the provisions of Section 4.09 or Section 4.11,
the Service Board shall,
from those funds available to it under Section 4.02, first discharge its
financial obligations under the terms of a purchase of service contract to
any transportation agency which is not a public
body, unless such transportation agency has failed to take any action
requested by the Service Board, which
under the terms of the purchase of service contract the Service Board can
require the transportation agency to take, which would have the effect
of reducing the financial obligation of the Service Board to the transportation
agency.
The provisions of this paragraph (c) shall not preclude a Service Board and a
transportation agency from otherwise entering into a purchase of service
or grant agreement in conformity with this Act or an agreement for the
Authority or a Service Board to purchase or a Service Board to operate
that agency's public transportation
facilities, and shall not limit the exercise of the right of eminent
domain by the Authority pursuant to this Act.
(d) Any transportation agency providing public transportation
pursuant to a purchase of service or grant agreement with the Authority
or a Service Board shall be subject to the Illinois Human Rights
Act and the remedies and procedures established
thereunder. Such agency shall file an affirmative action program for
employment by it with regard to public transportation so provided with
the Department of Human Rights
within one year of the purchase
of service or grant agreement, to ensure that applicants are employed
and that employees are treated during employment, without unlawful discrimination.
Such affirmative
action program shall include provisions relating to hiring, upgrading,
demotion, transfer, recruitment, recruitment advertising, selection for
training and rates of pay or other forms of compensation. No
unlawful discrimination as defined and prohibited in the Illinois Human
Rights Act in any such employment shall be made in any term or
aspect of employment and discrimination based upon
political reasons or factors shall be prohibited.
(e) A Service Board, subject to the provisions of paragraph (c) of this Section,
may not discriminate against a transportation agency with which it
has a purchase of service contract or grant agreement in any condition affecting
the operation of the public transportation facility including the level
of subsidy provided, the quality or standard of public transportation to
be provided or in meeting the financial obligations to transportation agencies
under the terms of a purchase of service or grant contract. Any transportation
agency that believes that a Service Board is discriminating against it may,
after attempting to resolve the alleged discrimination by meeting with the
Service Board with which it has a purchase of service or grant contract,
appeal to the Authority. The Board shall name 3 of its members, other than
a member of the board of the concerned Service Board, to serve as a panel
to arbitrate the dispute. The panel shall render a recommended decision
to the Board which shall be binding on the Service Board and the transportation
agency if adopted by the Board. The panel may not require the Service Board
to take any action which would increase the
operating budget of the Service Board. The decision of the Board shall
be enforceable in a court of general jurisdiction.
(Source: P.A. 100-863, eff. 8-14-18.)
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