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90_HB2987
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 in
Sections concerning transportation grants. Provides that
"unit of local government" (now "municipality") means any
city, village, incorporated town, or township (now any city,
village or incorporated town). Provides that units of local
government (now municipalities) may receive certain grants
from the Department of Transportation. Amends the Township
Code. Provides that a township may request, accept, and
expend mass transportation grants. Effective immediately.
LRB9008481MWksA
LRB9008481MWksA
1 AN ACT concerning transportation grants, amending named
2 Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Civil Administrative Code of Illinois is
6 amended by changing Sections 49.19 and 49.19a as follows:
7 (20 ILCS 2705/49.19) (from Ch. 127, par. 49.19)
8 Sec. 49.19. Grants; mass transportation.
9 (1) For the purpose of mass transportation grants and
10 contracts the following definitions apply:
11 (a) "Mass Transportation" means transportation
12 provided within the State of Illinois by rail, bus, or
13 other conveyance, available to the general public on a
14 regular and continuing basis including the transportation
15 of handicapped or elderly persons as provided more
16 specifically in Section 49.19a of this Act.
17 (b) "Carrier" means any corporation, authority,
18 partnership, association, person, or district authorized
19 to provide mass transportation within the State.
20 (c) "Facilities" comprise all real and personal
21 property used in or appurtenant to a mass transportation
22 system, including parking lots.
23 (d) "Unit of local government" "Municipality" means
24 any city, village, or incorporated town, or township.
25 (e) "District" means all of the following:
26 (i) Any district created pursuant to the
27 "Local Mass Transit District Act", approved July 21,
28 1959, as amended;
29 (ii) The Authority created pursuant to the
30 "Metropolitan Transit Authority Act", approved April
31 12, 1945, as amended;
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1 (iii) Any authority, commission, or other
2 entity which by virtue of an interstate compact
3 approved by Congress is authorized to provide mass
4 transportation;
5 (iv) The Authority created pursuant to the
6 "Regional Transportation Authority Act".
7 (2) Grants may be made to units of local government
8 municipalities, districts, and carriers for the acquisition,
9 construction, extension, reconstruction, and improvement of
10 mass transportation facilities. Grants shall be made upon
11 such terms and conditions as in the judgment of the Secretary
12 are necessary to ensure their proper and effective
13 utilization.
14 (3) The Department shall make grants under this Act in a
15 manner designed, so far as is consistent with the maintenance
16 and development of a sound mass transportation system within
17 the State, to:
18 (a) maximize federal funds for the assistance of
19 mass transportation in Illinois under the Urban Mass
20 Transportation Act of 1964, as amended, and other federal
21 acts;
22 (b) facilitate the movement of persons who because
23 of age, economic circumstance, or physical infirmity are
24 unable to drive;
25 (c) contribute to an improved environment through
26 the reduction of air, water, and noise pollution; and
27 (d) reduce traffic congestion.
28 (4) The Secretary shall establish procedures for making
29 application for mass transportation grants. Such procedures
30 shall provide for public notice of all applications and give
31 reasonable opportunity for the submission of comments and
32 objections by interested parties. The procedures shall be
33 designed with a view to facilitating simultaneous application
34 for a grant to the Department and to the federal government.
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1 (5) Grants may be made for mass transportation projects
2 as follows:
3 (a) in an amount not to exceed 100% of the
4 nonfederal share of projects for which a federal grant is
5 made;
6 (b) in an amount not to exceed 100% of the net
7 project cost for projects for which a federal grant is
8 not made;
9 (c) in an amount not to exceed five-sixths of the
10 net project cost for projects essential for the
11 maintenance of a sound transportation system and eligible
12 for federal assistance for which a federal grant
13 application has been made but a federal grant has been
14 delayed. If and when a federal grant is made, the amount
15 in excess of the nonfederal share shall be promptly
16 returned to the Department.
17 In no event shall the Department make a grant which,
18 together with any federal funds or funds from any other
19 source is in excess of 100% of the net project cost.
20 (6) Regardless of whether any funds are available under
21 a federal grant, the Department shall not make a mass
22 transportation grant unless the Secretary finds that the
23 recipient has entered into an agreement with the Department
24 in which the recipient agrees not to engage in school bus
25 operations exclusively for the transportation of students and
26 school personnel in competition with private school bus
27 operators where such private school bus operators are able to
28 provide adequate transportation, at reasonable rates, in
29 conformance with applicable safety standards, provided that
30 this requirement shall not apply to a recipient which
31 operates a school system in the area to be served and
32 operates a separate and exclusive school bus program for the
33 school system.
34 (7) Grants may be made for mass transportation purposes
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1 with funds appropriated from the Build Illinois Bond Fund or
2 the Build Illinois Purposes Fund, created by the 84th General
3 Assembly, consistent with the specific purposes for which
4 such funds are appropriated by the General Assembly. Grants
5 under this subsection (7) are not subject to any limitations
6 or conditions imposed upon grants by any other provision of
7 this Section, except that the Secretary may impose such terms
8 and conditions as in his or her judgment are necessary to
9 ensure the proper and effective utilization of the grants
10 under this subsection.
11 (8) The Department may let contracts for mass
12 transportation purposes and facilities for the purpose of
13 reducing urban congestion funded in whole or in part with
14 bonds described in subsection (b)(1) of Section 4 of the
15 General Obligation Bond Act, not to exceed $75,000,000 in
16 bonds.
17 (9) The Department may make grants to carriers,
18 districts, and municipalities for the purpose of reimbursing
19 them for providing reduced fares for mass transportation
20 services for students, handicapped persons, and the elderly.
21 Grants shall be made upon such terms and conditions as in the
22 judgment of the Secretary are necessary to ensure their
23 proper and effective utilization.
24 (Source: P.A. 86-16.)
25 (20 ILCS 2705/49.19a) (from Ch. 127, par. 49.19a)
26 Sec. 49.19a. Grants; transportation for handicapped
27 persons.
28 (1) For the purposes of this Section the following
29 definitions apply:
30 (a) "Carrier" means a district or a not for profit
31 corporation providing mass transportation for handicapped
32 persons on a regular and continuing basis.
33 (b) "Unit of local government" "Municipality",
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1 "district", and "facilities" have the meanings ascribed
2 to them in Section 49.19.
3 (c) "Handicapped person" means any individual who,
4 by reason of illness, injury, age, congenital
5 malfunction, or other permanent or temporary incapacity
6 or disability, is unable without special mass
7 transportation facilities or special planning or design
8 to utilize ordinary mass transportation facilities and
9 services as effectively as persons who are not so
10 affected.
11 (2) The Department may make grants from the
12 Transportation Fund and the General Revenue Fund to units of
13 local government municipalities, districts, and carriers for
14 the acquisition, construction, extension, reconstruction, and
15 improvement of mass transportation facilities for handicapped
16 persons, and during State fiscal years 1986 and 1987, to the
17 Regional Transportation Authority for operating assistance
18 for mass transportation for mobility limited handicapped
19 persons, including paratransit services for the mobility
20 limited. Such grants shall be made upon such terms and
21 conditions as in the judgment of the Secretary are necessary
22 to ensure their proper and effective utilization. The
23 procedures, limitations, and safeguards provided in Section
24 49.19 of this Act to govern grants for mass transportation
25 shall apply to grants made under this Section.
26 For the efficient administration of grants, the
27 Department, on behalf of not for profit corporations
28 receiving grants under this Section and on behalf of
29 recipients receiving funds under Section 18 of the federal
30 Urban Mass Transportation Act, may administer and consolidate
31 procurements and may enter into contracts with manufacturers
32 of vehicles and equipment.
33 (3) The Department may make operating assistance grants
34 from the Transportation Fund to those carriers that, during
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1 federal fiscal year 1986, directly received operating
2 assistance pursuant to Section 9 or Section 18 of the federal
3 Urban Mass Transportation Act, or under contracts with a
4 county, unit of local government municipality, or mass
5 transit district that received operating expenses under
6 Section 9 or Section 18 of the Urban Mass Transportation Act,
7 to provide public paratransit services to the general
8 mobility limited population. The Secretary shall take into
9 consideration the reduction in federal operating expense
10 grants to carriers when considering such grant applications.
11 The procedures, limitations, and safeguards provided in
12 Section 49.19 of this Act to govern grants for mass
13 transportation shall apply to grants made under this Section.
14 (Source: P.A. 86-16.)
15 Section 10. The Township Code is amended by changing
16 Section 85-10 as follows:
17 (60 ILCS 1/85-10)
18 Sec. 85-10. Township corporate powers.
19 (a) Every township has the corporate capacity to
20 exercise the powers granted to it, or necessarily implied,
21 and no others. Every township has the powers specified in
22 this Section.
23 (b) A township may sue and be sued.
24 (c) A township may acquire (by purchase, gift, or
25 legacy) and hold property, both real and personal, for the
26 use of its inhabitants and may sell and convey that property.
27 A township may purchase any real estate or personal property
28 for public purposes under contracts providing for payment in
29 installments over a period of time of not more than 20 years
30 in the case of real estate and not more than 10 years in the
31 case of personal property. A township may finance the
32 purchase of any real estate or personal property for public
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1 purpose under finance contracts providing for payment in
2 installments over a period of time of not more than 20 years
3 in the case of real estate and not more than 10 years in the
4 case of personal property. A township may construct a
5 township hall under contracts providing for payment over a
6 period of time of not more than 5 years. The interest on the
7 unpaid balance shall not exceed that permitted in the Bond
8 Authorization Act.
9 (d) A township may make all contracts necessary in the
10 exercise of the township's powers.
11 (e) A township may expend or contract for the
12 expenditure of any federal funds made available to the
13 township by law for any purpose for which taxes imposed upon
14 township property or property within the township may be
15 expended.
16 (f) A township may acquire (singly or jointly with a
17 municipality or municipalities) land or any interest in land
18 located within its township limits. The township may acquire
19 the land or interest by gift, purchase, or otherwise, but not
20 by condemnation. A township may (singly or jointly) improve
21 or arrange for the improvement of the land for industrial or
22 commercial purposes and may donate and convey the land or
23 interest in land so acquired and so improved to the Illinois
24 Development Finance Authority.
25 (g) (Blank).
26 (h) It is the policy of this State that all powers
27 granted either expressly or by necessary implication by this
28 Code, any other Illinois statute, or the Illinois
29 Constitution to townships may be exercised by those townships
30 notwithstanding effects on competition. It is the intention
31 of the General Assembly that the "State action exemption" to
32 the application of federal antitrust statutes be fully
33 available to townships to the extent their activities are
34 authorized by law as stated in this Code.
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1 (i) A township may receive funds under the federal
2 Housing and Community Development Act of 1974 and may expend
3 or contract for the expenditure of those funds and other
4 township funds for the activities specified in Section 105 of
5 that Act. The powers granted under this subsection (i) are
6 in addition to powers otherwise possessed by a township and
7 shall not be construed as a limitation of those other powers.
8 (j) A township may establish reasonable fees for
9 recreation and instructional programs sponsored by the
10 township.
11 (k) A township may request, accept, and expend mass
12 transportation grants made under Sections 49.19 and 49.19a of
13 the Civil Administrative Code of Illinois.
14 (Source: P.A. 88-62; incorporates 88-356 and 88-360; 88-670,
15 eff. 12-2-94; 89-331, eff. 8-17-95.)
16 Section 99. Effective date. This Act takes effect upon
17 becoming law.