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90_HB2307
20 ILCS 2705/49.19 from Ch. 127, par. 49.19
20 ILCS 2705/49.19a from Ch. 127, par. 49.19a
60 ILCS 1/85-10
Amends the Civil Administrative Code of Illinois and the
Township Code. Authorizes the Department of Transportation to
make grants to townships for mass transportation facilities
and authorizes townships to request, accept, and expend those
grants. Makes technical changes. Effective immediately.
LRB9006853PTcw
LRB9006853PTcw
1 AN ACT concerning mass transportation grants.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Civil Administrative Code of Illinois is
5 amended by changing Sections 49.19 and 49.19a as follows:
6 (20 ILCS 2705/49.19) (from Ch. 127, par. 49.19)
7 Sec. 49.19. Grants; mass transportation.
8 (1) For the purpose of mass transportation grants and
9 contracts the following definitions apply:
10 (a) "Mass Transportation" means transportation
11 provided within the State of Illinois by rail, bus, or
12 other conveyance, available to the general public on a
13 regular and continuing basis including the transportation
14 of handicapped or elderly persons as provided more
15 specifically in Section 49.19a of this Act.
16 (b) "Carrier" means any corporation, authority,
17 partnership, association, person, or district authorized
18 to provide mass transportation within the State.
19 (c) "Facilities" comprise all real and personal
20 property used in or appurtenant to a mass transportation
21 system, including parking lots.
22 (d) "Unit of local government" "Municipality" means
23 any city, village, or incorporated town, or township.
24 (e) "District" means all of the following:
25 (i) Any district created pursuant to the
26 "Local Mass Transit District Act", approved July 21,
27 1959, as amended;
28 (ii) The Authority created pursuant to the
29 "Metropolitan Transit Authority Act", approved April
30 12, 1945, as amended;
31 (iii) Any authority, commission, or other
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1 entity which by virtue of an interstate compact
2 approved by Congress is authorized to provide mass
3 transportation;
4 (iv) The Authority created pursuant to the
5 "Regional Transportation Authority Act".
6 (2) Grants may be made to units of local government
7 municipalities, districts, and carriers for the acquisition,
8 construction, extension, reconstruction, and improvement of
9 mass transportation facilities. Grants shall be made upon
10 such terms and conditions as in the judgment of the Secretary
11 are necessary to ensure their proper and effective
12 utilization.
13 (3) The Department shall make grants under this Act in a
14 manner designed, so far as is consistent with the maintenance
15 and development of a sound mass transportation system within
16 the State, to:
17 (a) maximize federal funds for the assistance of
18 mass transportation in Illinois under the Urban Mass
19 Transportation Act of 1964, as amended, and other federal
20 acts;
21 (b) facilitate the movement of persons who because
22 of age, economic circumstance, or physical infirmity are
23 unable to drive;
24 (c) contribute to an improved environment through
25 the reduction of air, water, and noise pollution; and
26 (d) reduce traffic congestion.
27 (4) The Secretary shall establish procedures for making
28 application for mass transportation grants. Such procedures
29 shall provide for public notice of all applications and give
30 reasonable opportunity for the submission of comments and
31 objections by interested parties. The procedures shall be
32 designed with a view to facilitating simultaneous application
33 for a grant to the Department and to the federal government.
34 (5) Grants may be made for mass transportation projects
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1 as follows:
2 (a) in an amount not to exceed 100% of the
3 nonfederal share of projects for which a federal grant is
4 made;
5 (b) in an amount not to exceed 100% of the net
6 project cost for projects for which a federal grant is
7 not made;
8 (c) in an amount not to exceed five-sixths of the
9 net project cost for projects essential for the
10 maintenance of a sound transportation system and eligible
11 for federal assistance for which a federal grant
12 application has been made but a federal grant has been
13 delayed. If and when a federal grant is made, the amount
14 in excess of the nonfederal share shall be promptly
15 returned to the Department.
16 In no event shall the Department make a grant which,
17 together with any federal funds or funds from any other
18 source is in excess of 100% of the net project cost.
19 (6) Regardless of whether any funds are available under
20 a federal grant, the Department shall not make a mass
21 transportation grant unless the Secretary finds that the
22 recipient has entered into an agreement with the Department
23 in which the recipient agrees not to engage in school bus
24 operations exclusively for the transportation of students and
25 school personnel in competition with private school bus
26 operators where such private school bus operators are able to
27 provide adequate transportation, at reasonable rates, in
28 conformance with applicable safety standards, provided that
29 this requirement shall not apply to a recipient which
30 operates a school system in the area to be served and
31 operates a separate and exclusive school bus program for the
32 school system.
33 (7) Grants may be made for mass transportation purposes
34 with funds appropriated from the Build Illinois Bond Fund or
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1 the Build Illinois Purposes Fund, created by the 84th General
2 Assembly, consistent with the specific purposes for which
3 such funds are appropriated by the General Assembly. Grants
4 under this subsection (7) are not subject to any limitations
5 or conditions imposed upon grants by any other provision of
6 this Section, except that the Secretary may impose such terms
7 and conditions as in his or her judgment are necessary to
8 ensure the proper and effective utilization of the grants
9 under this subsection.
10 (8) The Department may let contracts for mass
11 transportation purposes and facilities for the purpose of
12 reducing urban congestion funded in whole or in part with
13 bonds described in subsection (b)(1) of Section 4 of the
14 General Obligation Bond Act, not to exceed $75,000,000 in
15 bonds.
16 (9) The Department may make grants to carriers,
17 districts, and units of local government municipalities for
18 the purpose of reimbursing them for providing reduced fares
19 for mass transportation services for students, handicapped
20 persons, and the elderly. Grants shall be made upon such
21 terms and conditions as in the judgment of the Secretary are
22 necessary to ensure their proper and effective utilization.
23 (Source: P.A. 86-16.)
24 (20 ILCS 2705/49.19a) (from Ch. 127, par. 49.19a)
25 Sec. 49.19a. Grants; transportation for handicapped
26 persons.
27 (1) For the purposes of this Section the following
28 definitions apply:
29 (a) "Carrier" means a district or a not for profit
30 corporation providing mass transportation for handicapped
31 persons on a regular and continuing basis.
32 (b) "Unit of local government" "Municipality",
33 "district", and "facilities" have the meanings ascribed
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1 to them in Section 49.19.
2 (c) "Handicapped person" means any individual who,
3 by reason of illness, injury, age, congenital
4 malfunction, or other permanent or temporary incapacity
5 or disability, is unable without special mass
6 transportation facilities or special planning or design
7 to utilize ordinary mass transportation facilities and
8 services as effectively as persons who are not so
9 affected.
10 (2) The Department may make grants from the
11 Transportation Fund and the General Revenue Fund to units of
12 local government municipalities, districts, and carriers for
13 the acquisition, construction, extension, reconstruction, and
14 improvement of mass transportation facilities for handicapped
15 persons, and during State fiscal years 1986 and 1987, to the
16 Regional Transportation Authority for operating assistance
17 for mass transportation for mobility limited handicapped
18 persons, including paratransit services for the mobility
19 limited. Such grants shall be made upon such terms and
20 conditions as in the judgment of the Secretary are necessary
21 to ensure their proper and effective utilization. The
22 procedures, limitations, and safeguards provided in Section
23 49.19 of this Act to govern grants for mass transportation
24 shall apply to grants made under this Section.
25 For the efficient administration of grants, the
26 Department, on behalf of not for profit corporations
27 receiving grants under this Section and on behalf of
28 recipients receiving funds under Section 18 of the federal
29 Urban Mass Transportation Act, may administer and consolidate
30 procurements and may enter into contracts with manufacturers
31 of vehicles and equipment.
32 (3) The Department may make operating assistance grants
33 from the Transportation Fund to those carriers that, during
34 federal fiscal year 1986, directly received operating
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1 assistance pursuant to Section 9 or Section 18 of the federal
2 Urban Mass Transportation Act, or under contracts with a
3 county, unit of local government municipality, or mass
4 transit district that received operating expenses under
5 Section 9 or Section 18 of the Urban Mass Transportation Act,
6 to provide public paratransit services to the general
7 mobility limited population. The Secretary shall take into
8 consideration the reduction in federal operating expense
9 grants to carriers when considering such grant applications.
10 The procedures, limitations, and safeguards provided in
11 Section 49.19 of this Act to govern grants for mass
12 transportation shall apply to grants made under this Section.
13 (Source: P.A. 86-16.)
14 Section 10. The Township Code is amended by changing
15 Section 85-10 as follows:
16 (60 ILCS 1/85-10)
17 Sec. 85-10. Township corporate powers.
18 (a) Every township has the corporate capacity to
19 exercise the powers granted to it, or necessarily implied,
20 and no others. Every township has the powers specified in
21 this Section.
22 (b) A township may sue and be sued.
23 (c) A township may acquire (by purchase, gift, or
24 legacy) and hold property, both real and personal, for the
25 use of its inhabitants and may sell and convey that property.
26 A township may purchase any real estate or personal property
27 for public purposes under contracts providing for payment in
28 installments over a period of time of not more than 20 years
29 in the case of real estate and not more than 10 years in the
30 case of personal property. A township may finance the
31 purchase of any real estate or personal property for public
32 purpose under finance contracts providing for payment in
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1 installments over a period of time of not more than 20 years
2 in the case of real estate and not more than 10 years in the
3 case of personal property. A township may construct a
4 township hall under contracts providing for payment over a
5 period of time of not more than 5 years. The interest on the
6 unpaid balance shall not exceed that permitted in the Bond
7 Authorization Act.
8 (d) A township may make all contracts necessary in the
9 exercise of the township's powers.
10 (e) A township may expend or contract for the
11 expenditure of any federal funds made available to the
12 township by law for any purpose for which taxes imposed upon
13 township property or property within the township may be
14 expended.
15 (f) A township may acquire (singly or jointly with a
16 municipality or municipalities) land or any interest in land
17 located within its township limits. The township may acquire
18 the land or interest by gift, purchase, or otherwise, but not
19 by condemnation. A township may (singly or jointly) improve
20 or arrange for the improvement of the land for industrial or
21 commercial purposes and may donate and convey the land or
22 interest in land so acquired and so improved to the Illinois
23 Development Finance Authority.
24 (g) (Blank).
25 (h) It is the policy of this State that all powers
26 granted either expressly or by necessary implication by this
27 Code, any other Illinois statute, or the Illinois
28 Constitution to townships may be exercised by those townships
29 notwithstanding effects on competition. It is the intention
30 of the General Assembly that the "State action exemption" to
31 the application of federal antitrust statutes be fully
32 available to townships to the extent their activities are
33 authorized by law as stated in this Code.
34 (i) A township may receive funds under the federal
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1 Housing and Community Development Act of 1974 and may expend
2 or contract for the expenditure of those funds and other
3 township funds for the activities specified in Section 105 of
4 that Act. The powers granted under this subsection (i) are
5 in addition to powers otherwise possessed by a township and
6 shall not be construed as a limitation of those other powers.
7 (j) A township may establish reasonable fees for
8 recreation and instructional programs sponsored by the
9 township.
10 (k) A township may request, accept, and expend mass
11 transportation grants made under Sections 49.19 and 49.19a of
12 the Civil Administrative Code of Illinois.
13 (Source: P.A. 88-62; incorporates 88-356 and 88-360; 88-670,
14 eff. 12-2-94; 89-331, eff. 8-17-95.)
15 Section 99. Effective date. This Act takes effect upon
16 becoming law.