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1 | AN ACT concerning transportation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois State Auditing Act is amended by | ||||||||||||||||||||||||
5 | adding Section 3-2.3 as follows: | ||||||||||||||||||||||||
6 | (30 ILCS 5/3-2.3 new)
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7 | Sec. 3-2.3. Report on Chicago Transit Authority. | ||||||||||||||||||||||||
8 | (a) No less than 60 days prior to the issuance of bonds or | ||||||||||||||||||||||||
9 | notes by the Chicago Transit Authority (referred to as the | ||||||||||||||||||||||||
10 | "Authority" in this Section) pursuant to Section 12c of the | ||||||||||||||||||||||||
11 | Metropolitan Transit Authority Act, the following | ||||||||||||||||||||||||
12 | documentation shall be submitted to the Auditor General and the | ||||||||||||||||||||||||
13 | Regional Transportation Authority: | ||||||||||||||||||||||||
14 | (1) Retirement Plan Documentation. The Authority shall | ||||||||||||||||||||||||
15 | submit a certification that:
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16 | (A) it is legally authorized to issue the bonds or | ||||||||||||||||||||||||
17 | notes;
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18 | (B) scheduled annual payments of principal and | ||||||||||||||||||||||||
19 | interest on the bonds and notes to be issued meet the | ||||||||||||||||||||||||
20 | requirements of Section 12c(b)(5) of the Metropolitan | ||||||||||||||||||||||||
21 | Transit Authority Act;
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22 | (C) no bond or note shall mature later than | ||||||||||||||||||||||||
23 | December 31, 2039;
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1 | (D) after payment of costs of issuance and | ||||||
2 | necessary deposits to funds and accounts established | ||||||
3 | with respect to debt service on the bonds or notes, the | ||||||
4 | net bond and note proceeds (exclusive of any proceeds | ||||||
5 | to be used to refund outstanding bonds or notes) will | ||||||
6 | be deposited in the Retirement Plan for Chicago Transit | ||||||
7 | Authority Employees and used only for the purposes | ||||||
8 | required by Section 22-101 of the Illinois Pension | ||||||
9 | Code; and
| ||||||
10 | (E) it has entered into an intergovernmental | ||||||
11 | agreement with the City of Chicago under which the City | ||||||
12 | of Chicago will provide financial assistance to the | ||||||
13 | Authority in an amount equal to the net receipts, after | ||||||
14 | fees for costs of collection, from a tax on the | ||||||
15 | privilege of transferring title to real estate in the | ||||||
16 | City of Chicago in an amount up to $1.50 per $500 of | ||||||
17 | value or fraction thereof under the provisions of | ||||||
18 | Section 8-3-19 of the Illinois Municipal Code, which | ||||||
19 | agreement shall be for a term expiring no earlier than | ||||||
20 | the final maturity of bonds or notes that it proposes | ||||||
21 | to issue under Section 12c of the Metropolitan Transit | ||||||
22 | Authority Act.
| ||||||
23 | (2) The Board of Trustees of the Retirement Plan for | ||||||
24 | Chicago Transit Authority Employees shall submit a | ||||||
25 | certification that the Retirement Plan for Chicago Transit | ||||||
26 | Authority Employees is operating in accordance with all |
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1 | applicable legal and contractual requirements, including | ||||||
2 | the following:
| ||||||
3 | (A) the members of a new Board of Trustees have | ||||||
4 | been appointed according to the requirements of | ||||||
5 | Section 22-101(b) of the Illinois Pension Code; and
| ||||||
6 | (B) contribution levels for employees and the | ||||||
7 | Authority have been established according to the | ||||||
8 | requirements of Section 22-101(d) of the Illinois | ||||||
9 | Pension Code.
| ||||||
10 | (3) Actuarial Report. The Board of Trustees of the | ||||||
11 | Retirement Plan for Chicago Transit Authority Employees | ||||||
12 | shall submit an actuarial report prepared by an enrolled | ||||||
13 | actuary setting forth:
| ||||||
14 | (A) the method of valuation and the underlying | ||||||
15 | assumptions;
| ||||||
16 | (B) a comparison of the debt service schedules of | ||||||
17 | the bonds or notes proposed to be issued to the | ||||||
18 | Retirement Plan's current unfunded actuarial accrued | ||||||
19 | liability amortization schedule, as required by | ||||||
20 | Section 22-101(e) of the Illinois Pension Code, using | ||||||
21 | the projected interest cost of the bond or note issue | ||||||
22 | as the discount rate to calculate the estimated net | ||||||
23 | present value savings; | ||||||
24 | (C) the amount of the estimated net present value | ||||||
25 | savings comparing the true interest cost of the | ||||||
26 | bonds or notes with the actuarial investment |
| |||||||
| |||||||
1 | return assumption of the Retirement Plan; and | ||||||
2 | (D) a certification that the net proceeds of the | ||||||
3 | bonds or notes, together with anticipated earnings | ||||||
4 | on contributions and deposits, will be sufficient | ||||||
5 | to reasonably conclude on an actuarial basis that | ||||||
6 | the total retirement assets of the Retirement Plan | ||||||
7 | will not be less than 90% of its liabilities by the | ||||||
8 | end of fiscal year 2058. | ||||||
9 | (4) The Authority shall submit a financial analysis | ||||||
10 | prepared by an independent advisor. The financial analysis | ||||||
11 | must include a determination that the issuance of bonds is | ||||||
12 | in the best interest of the Retirement Plan for Chicago | ||||||
13 | Transit Authority Employees and the Chicago Transit | ||||||
14 | Authority. The independent advisor shall not act as | ||||||
15 | underwriter or receive a legal, consulting, or other fee | ||||||
16 | related to the issuance of any bond or notes issued by the | ||||||
17 | Authority pursuant to Section 12c of the Metropolitan | ||||||
18 | Transit Authority Act except compensation due for the | ||||||
19 | preparation of the financial analysis. | ||||||
20 | (5) Retiree Health Care Trust Documentation. The | ||||||
21 | Authority shall submit a certification that: | ||||||
22 | (A) it is legally authorized to issue the bonds or | ||||||
23 | notes; | ||||||
24 | (B) scheduled annual payments of principal and | ||||||
25 | interest on the bonds and notes to be issued meets the | ||||||
26 | requirements of Section 12c(b)(5) of the Metropolitan |
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| |||||||
1 | Transit Authority Act; | ||||||
2 | (C) no bond or note shall mature later than | ||||||
3 | December 31, 2039; | ||||||
4 | (D) after payment of costs of issuance and | ||||||
5 | necessary deposits to funds and accounts established | ||||||
6 | with respect to debt service on the bonds or notes, the | ||||||
7 | net bond and note proceeds (exclusive of any proceeds | ||||||
8 | to be used to refund outstanding bonds or notes) will | ||||||
9 | be deposited in the Retiree Health Care Trust and used | ||||||
10 | only for the purposes required by Section 22-101B of | ||||||
11 | the Illinois Pension Code; and | ||||||
12 | (E) it has entered into an intergovernmental | ||||||
13 | agreement with the City of Chicago under which the City | ||||||
14 | of Chicago will provide financial assistance to the | ||||||
15 | Authority in an amount equal to the net receipts, after | ||||||
16 | fees for costs of collection, from a tax on the | ||||||
17 | privilege of transferring title to real estate in the | ||||||
18 | City of Chicago in an amount up to $1.50 per $500 of | ||||||
19 | value or fraction thereof under the provisions of | ||||||
20 | Section 8-3-19 of the Illinois Municipal Code, which | ||||||
21 | agreement shall be for a term expiring no earlier than | ||||||
22 | the final maturity of bonds or notes that it proposes | ||||||
23 | to issue under Section 12c of the Metropolitan Transit | ||||||
24 | Authority Act. | ||||||
25 | (6) The Board of Trustees of the Retiree Health Care | ||||||
26 | Trust shall submit a certification that the Retiree Health |
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| |||||||
1 | Care Trust has been established in accordance with all | ||||||
2 | applicable legal requirements, including the following: | ||||||
3 | (A) the Retiree Health Care Trust has been | ||||||
4 | established and a Trust document is in effect to govern | ||||||
5 | the Retiree Health Care Trust; | ||||||
6 | (B) the members of the Board of Trustees of the | ||||||
7 | Retiree Health Care Trust have been appointed | ||||||
8 | according to the requirements of Section 22-101B(b)(1) | ||||||
9 | of the Illinois Pension Code; | ||||||
10 | (C) a health care benefit program for eligible | ||||||
11 | retirees and their dependents and survivors has been | ||||||
12 | established by the Board of Trustees according to the | ||||||
13 | requirements of Section 22-101B(b)(2) of the Illinois | ||||||
14 | Pension Code; | ||||||
15 | (D) contribution levels have been established for | ||||||
16 | retirees, dependents and survivors according to the | ||||||
17 | requirements of Section 22-101B(b)(5) of the Illinois | ||||||
18 | Pension Code; and | ||||||
19 | (E) contribution levels have been established for | ||||||
20 | employees of the Authority according to the | ||||||
21 | requirements of Section 22-101B(b)(6) of the Illinois | ||||||
22 | Pension Code. | ||||||
23 | (7) Actuarial Report. The Board of Trustees of the | ||||||
24 | Retiree Health Care Trust shall submit an actuarial report | ||||||
25 | prepared by an enrolled actuary setting forth: | ||||||
26 | (A) the method of valuation and the underlying |
| |||||||
| |||||||
1 | assumptions; | ||||||
2 | (B) a comparison of the projected interest cost of | ||||||
3 | the bonds or notes proposed to be issued with the | ||||||
4 | actuarial investment return assumption of the Retiree | ||||||
5 | Health Care Trust; and | ||||||
6 | (C) a certification that the net proceeds of the | ||||||
7 | bonds or notes, together with anticipated earnings on | ||||||
8 | contributions and deposits, will be sufficient to | ||||||
9 | adequately fund the actuarial present value of | ||||||
10 | projected benefits expected to be paid under the | ||||||
11 | Retiree Health Care Trust, or a certification of the | ||||||
12 | increases in contribution levels and decreases in | ||||||
13 | benefit levels that would be required in order to cure | ||||||
14 | any funding shortfall over a period of not more than 10 | ||||||
15 | years. | ||||||
16 | (8) The Authority shall submit a financial analysis | ||||||
17 | prepared by an independent advisor. The financial analysis | ||||||
18 | must include a determination that the issuance of bonds is | ||||||
19 | in the best interest of the Retiree Health Care Trust and | ||||||
20 | the Chicago Transit Authority. The independent advisor | ||||||
21 | shall not act as underwriter or receive a legal, | ||||||
22 | consulting, or other fee related to the issuance of any | ||||||
23 | bond or notes issued by the Authority pursuant to Section | ||||||
24 | 12c of the Metropolitan Transit Authority Act except | ||||||
25 | compensation due for the preparation of the financial | ||||||
26 | analysis. |
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| |||||||
1 | (b) The Auditor General shall examine the information | ||||||
2 | submitted pursuant to Section 3-2.3(a)(1) through (4) and | ||||||
3 | submit a report to the General Assembly, the Legislative Audit | ||||||
4 | Commission, the Governor, the Regional Transportation | ||||||
5 | Authority and the Authority indicating whether (i) the required | ||||||
6 | certifications by the Authority and the Board of Trustees of | ||||||
7 | the Retirement Plan have been made, and (ii) the actuarial | ||||||
8 | reports have been provided, the reports include all required | ||||||
9 | information, the assumptions underlying those reports are not | ||||||
10 | unreasonable in the aggregate, and the reports appear to comply | ||||||
11 | with all pertinent professional standards, including those | ||||||
12 | issued by the Actuarial Standards Board. The Auditor General | ||||||
13 | shall submit such report no later than 60 days after receiving | ||||||
14 | the information required to be submitted by the Authority and | ||||||
15 | the Board of Trustees of the Retirement Plan. Any bonds or | ||||||
16 | notes issued by the Authority under item (1) of subsection (b) | ||||||
17 | of Section 12c of the Metropolitan Transit Authority Act shall | ||||||
18 | be issued within 120 days after receiving such report from the | ||||||
19 | Auditor General. The Authority may not issue bonds or notes | ||||||
20 | until it receives the report from the Auditor General | ||||||
21 | indicating the above requirements have been met. | ||||||
22 | (c) The Auditor General shall examine the information | ||||||
23 | submitted pursuant to Section 3-2.3(a)(5) through (8) and | ||||||
24 | submit a report to the General Assembly, the Legislative Audit | ||||||
25 | Commission, the Governor, the Regional Transportation | ||||||
26 | Authority and the Authority indicating whether (i) the required |
| |||||||
| |||||||
1 | certifications by the Authority and the Board of Trustees of | ||||||
2 | the Retiree Health Care Trust have been made, and (ii) the | ||||||
3 | actuarial reports have been provided, the reports include all | ||||||
4 | required information, the assumptions underlying those reports | ||||||
5 | are not unreasonable in the aggregate, and the reports appear | ||||||
6 | to comply with all pertinent professional standards, including | ||||||
7 | those issued by the Actuarial Standards Board. The Auditor | ||||||
8 | General shall submit such report no later than 60 days after | ||||||
9 | receiving the information required to be submitted by the | ||||||
10 | Authority and the Board of Trustees of the Retiree Health Care | ||||||
11 | Trust. Any bonds or notes issued by the Authority under item | ||||||
12 | (2) of subsection (b) of Section 12c of the Metropolitan | ||||||
13 | Transit Authority Act shall be issued within 120 days after | ||||||
14 | receiving such report from the Auditor General. The Authority | ||||||
15 | may not issue bonds or notes until it receives a report from | ||||||
16 | the Auditor General indicating the above requirements have been | ||||||
17 | met. | ||||||
18 | (d) In fulfilling this duty, after receiving the | ||||||
19 | information submitted pursuant to Section 3-2.3(a), the | ||||||
20 | Auditor General may request additional information and support | ||||||
21 | pertaining to the data and conclusions contained in the | ||||||
22 | submitted documents and the Authority, the Board of Trustees of | ||||||
23 | the Retirement Plan and the Board of Trustees of the Retiree | ||||||
24 | Health Care Trust shall cooperate with the Auditor General and | ||||||
25 | provide additional information as requested in a timely manner. | ||||||
26 | The Auditor General may also request from the Regional |
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| |||||||
1 | Transportation Authority an analysis of the information | ||||||
2 | submitted by the Authority relating to the sources of funds to | ||||||
3 | be utilized for payment of the proposed bonds or notes of the | ||||||
4 | Authority. The Auditor General's report shall not be in the | ||||||
5 | nature of a post-audit or examination and shall not lead to the | ||||||
6 | issuance of an opinion as that term is defined in generally | ||||||
7 | accepted government auditing standards. | ||||||
8 | (e) Annual Retirement Plan Submission to Auditor General. | ||||||
9 | The Board of Trustees of the Retirement Plan for Chicago | ||||||
10 | Transit Authority Employees established by Section 22-101 of | ||||||
11 | the Illinois Pension Code shall provide the following documents | ||||||
12 | to the Auditor General annually no later than September 30: | ||||||
13 | (1) the most recent audit or examination of the | ||||||
14 | Retirement Plan; | ||||||
15 | (2) an annual statement containing the information | ||||||
16 | specified in Section 1A-109 of the Illinois Pension Code; | ||||||
17 | and | ||||||
18 | (3) a complete actuarial statement applicable to the | ||||||
19 | prior plan year, which may be the annual report of an | ||||||
20 | enrolled actuary retained by the Retirement Plan specified | ||||||
21 | in Section 22-101(e) of the Illinois Pension Code. | ||||||
22 | The Auditor General shall annually examine the information | ||||||
23 | provided pursuant to this subsection and shall submit a report | ||||||
24 | of the analysis thereof to the General Assembly, including the | ||||||
25 | report specified in Section 22-101(e) of the Illinois Pension | ||||||
26 | Code. |
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| |||||||
1 | (f) The Auditor General shall annually examine the | ||||||
2 | information submitted pursuant to Section 22-101B(b)(3)(iii) | ||||||
3 | of the Illinois Pension Code and shall prepare the | ||||||
4 | determination specified in Section 22-101B(b)(3)(iv) of the | ||||||
5 | Illinois Pension Code.
| ||||||
6 | (g) In fulfilling the duties under Sections 3-2.3(e) and | ||||||
7 | (f) the Auditor General may request additional information and | ||||||
8 | support pertaining to the data and conclusions contained in the | ||||||
9 | submitted documents and the Authority, the Board of Trustees of | ||||||
10 | the Retirement Plan and the Board of Trustees of the Retiree | ||||||
11 | Health Care Trust shall cooperate with the Auditor General and | ||||||
12 | provide additional information as requested in a timely manner. | ||||||
13 | The Auditor General's review shall not be in the nature of a | ||||||
14 | post-audit or examination and shall not lead to the issuance of | ||||||
15 | an opinion as that term is defined in generally accepted | ||||||
16 | government auditing standards. Upon request of the Auditor | ||||||
17 | General, the Commission on Government Forecasting and | ||||||
18 | Accountability and the Public Pension Division of the Illinois | ||||||
19 | Department of Financial and Professional Regulation shall | ||||||
20 | cooperate with and assist the Auditor General in the conduct of | ||||||
21 | his review. | ||||||
22 | (h) The Auditor General shall submit a bill to the | ||||||
23 | Authority for costs associated with the examinations and | ||||||
24 | reports specified in subsections (b) and (c) of this Section | ||||||
25 | 3-2.3, which the Authority shall reimburse in a timely manner. | ||||||
26 | The costs associated with the examinations and reports which |
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1 | are reimbursed by the Authority shall constitute a cost of | ||||||
2 | issuance of the bonds or notes under Section 12c(b)(1) and (2) | ||||||
3 | of the Metropolitan Transit Authority Act. The amount received | ||||||
4 | shall be deposited into the fund or funds from which such costs | ||||||
5 | were paid by the Auditor General. The Auditor General shall | ||||||
6 | submit a bill to the Retirement Plan for Chicago Transit | ||||||
7 | Authority Employees for costs associated with the examinations | ||||||
8 | and reports specified in subsection (e) of this Section, which | ||||||
9 | the Retirement Plan for Chicago Transit Authority Employees | ||||||
10 | shall reimburse in a timely manner. The amount received shall | ||||||
11 | be deposited into the fund or funds from which such costs were | ||||||
12 | paid by the Auditor General. The Auditor General shall submit a | ||||||
13 | bill to the Retiree Health Care Trust for costs associated with | ||||||
14 | the determination specified in subsection (f) of this Section, | ||||||
15 | which the Retiree Health Care Trust shall reimburse in a timely | ||||||
16 | manner. The amount received shall be deposited into the fund or | ||||||
17 | funds from which such costs were paid by the Auditor General.
| ||||||
18 | Section 6. The State Finance Act is amended by changing | ||||||
19 | Sections 6z-18 and 6z-20 and by adding Sections 5.677 and 5.678 | ||||||
20 | as follows: | ||||||
21 | (30 ILCS 105/5.677 new)
| ||||||
22 | Sec. 5.677. The Downstate Transit Improvement Fund. | ||||||
23 | (30 ILCS 105/5.678 new)
|
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| |||||||
1 | Sec. 5.678. The Metropolitan Transit and Road Improvement | ||||||
2 | Fund.
| ||||||
3 | (30 ILCS 105/6z-18) (from Ch. 127, par. 142z-18)
| ||||||
4 | Sec. 6z-18. A portion of the money paid into the Local | ||||||
5 | Government Tax
Fund from sales of food for human consumption | ||||||
6 | which is to be consumed off
the premises where it is sold | ||||||
7 | (other than alcoholic beverages, soft drinks
and food which has | ||||||
8 | been prepared for immediate consumption) and
prescription and | ||||||
9 | nonprescription medicines, drugs, medical appliances and
| ||||||
10 | insulin, urine testing materials, syringes and needles used by | ||||||
11 | diabetics,
which occurred in municipalities, shall be | ||||||
12 | distributed to each municipality
based upon the sales which | ||||||
13 | occurred in that municipality. The remainder
shall be | ||||||
14 | distributed to each county based upon the sales which occurred | ||||||
15 | in
the unincorporated area of that county.
| ||||||
16 | A portion of the money paid into the Local Government Tax | ||||||
17 | Fund from the
6.25% general use tax rate on the selling price | ||||||
18 | of tangible personal
property which is purchased outside | ||||||
19 | Illinois at retail from a retailer and
which is titled or | ||||||
20 | registered by any agency of this State's government
shall be | ||||||
21 | distributed to municipalities as provided in this paragraph. | ||||||
22 | Each
municipality shall receive the amount attributable to | ||||||
23 | sales for which
Illinois addresses for titling or registration | ||||||
24 | purposes are given as being
in such municipality. The remainder | ||||||
25 | of the money paid into the Local
Government Tax Fund from such |
| |||||||
| |||||||
1 | sales shall be distributed to counties. Each
county shall | ||||||
2 | receive the amount attributable to sales for which Illinois
| ||||||
3 | addresses for titling or registration purposes are given as | ||||||
4 | being located
in the unincorporated area of such county.
| ||||||
5 | A portion of the money paid into the Local Government Tax | ||||||
6 | Fund from the
6.25% general rate (and, beginning July 1, 2000 | ||||||
7 | and through December 31,
2000 and beginning again on January 1, | ||||||
8 | 2008 , the 1.25% rate on motor fuel and gasohol) on sales
| ||||||
9 | subject to taxation under the Retailers'
Occupation Tax Act and | ||||||
10 | the Service Occupation Tax Act, which occurred in
| ||||||
11 | municipalities, shall be distributed to each municipality, | ||||||
12 | based upon the
sales which occurred in that municipality. The | ||||||
13 | remainder shall be
distributed to each county, based upon the | ||||||
14 | sales which occurred in the
unincorporated area of such county.
| ||||||
15 | For the purpose of determining allocation to the local | ||||||
16 | government unit, a
retail sale by a producer of coal or other | ||||||
17 | mineral mined in Illinois is a sale
at retail at the place | ||||||
18 | where the coal or other mineral mined in Illinois is
extracted | ||||||
19 | from the earth. This paragraph does not apply to coal or other
| ||||||
20 | mineral when it is delivered or shipped by the seller to the | ||||||
21 | purchaser at a
point outside Illinois so that the sale is | ||||||
22 | exempt under the United States
Constitution as a sale in | ||||||
23 | interstate or foreign commerce.
| ||||||
24 | Whenever the Department determines that a refund of money | ||||||
25 | paid into
the Local Government Tax Fund should be made to a | ||||||
26 | claimant instead of
issuing a credit memorandum, the Department |
| |||||||
| |||||||
1 | shall notify the State
Comptroller, who shall cause the order | ||||||
2 | to be drawn for the amount
specified, and to the person named, | ||||||
3 | in such notification from the
Department. Such refund shall be | ||||||
4 | paid by the State Treasurer out of the
Local Government Tax | ||||||
5 | Fund.
| ||||||
6 | On or before the 25th day of each calendar month, the | ||||||
7 | Department shall
prepare and certify to the Comptroller the | ||||||
8 | disbursement of stated sums of
money to named municipalities | ||||||
9 | and counties, the municipalities and counties
to be those | ||||||
10 | entitled to distribution of taxes or penalties paid to the
| ||||||
11 | Department during the second preceding calendar month. The | ||||||
12 | amount to be
paid to each municipality or county shall be the | ||||||
13 | amount (not including
credit memoranda) collected during the | ||||||
14 | second preceding calendar month by
the Department and paid into | ||||||
15 | the Local Government Tax Fund, plus an amount
the Department | ||||||
16 | determines is necessary to offset any amounts which were
| ||||||
17 | erroneously paid to a different taxing body, and not including | ||||||
18 | an amount
equal to the amount of refunds made during the second | ||||||
19 | preceding calendar
month by the Department, and not including | ||||||
20 | any amount which the Department
determines is necessary to | ||||||
21 | offset any amounts which are payable to a
different taxing body | ||||||
22 | but were erroneously paid to the municipality or
county. Within | ||||||
23 | 10 days after receipt, by the Comptroller, of the
disbursement | ||||||
24 | certification to the municipalities and counties, provided for
| ||||||
25 | in this Section to be given to the Comptroller by the | ||||||
26 | Department, the
Comptroller shall cause the orders to be drawn |
| |||||||
| |||||||
1 | for the respective amounts
in accordance with the directions | ||||||
2 | contained in such certification.
| ||||||
3 | When certifying the amount of monthly disbursement to a | ||||||
4 | municipality or
county under this Section, the Department shall | ||||||
5 | increase or decrease that
amount by an amount necessary to | ||||||
6 | offset any misallocation of previous
disbursements. The offset | ||||||
7 | amount shall be the amount erroneously disbursed
within the 6 | ||||||
8 | months preceding the time a misallocation is discovered.
| ||||||
9 | The provisions directing the distributions from the | ||||||
10 | special fund in
the State Treasury provided for in this Section | ||||||
11 | shall constitute an
irrevocable and continuing appropriation | ||||||
12 | of all amounts as provided herein.
The State Treasurer and | ||||||
13 | State Comptroller are hereby authorized to make
distributions | ||||||
14 | as provided in this Section.
| ||||||
15 | In construing any development, redevelopment, annexation, | ||||||
16 | preannexation
or other lawful agreement in effect prior to | ||||||
17 | September 1, 1990, which
describes or refers to receipts from a | ||||||
18 | county or municipal retailers'
occupation tax, use tax or | ||||||
19 | service occupation tax which now cannot be
imposed, such | ||||||
20 | description or reference shall be deemed to include the
| ||||||
21 | replacement revenue for such abolished taxes, distributed from | ||||||
22 | the Local
Government Tax Fund.
| ||||||
23 | (Source: P.A. 90-491, eff. 1-1-98; 91-51, eff. 6-30-99; 91-872, | ||||||
24 | eff. 7-1-00.)
| ||||||
25 | (30 ILCS 105/6z-20) (from Ch. 127, par. 142z-20)
|
| |||||||
| |||||||
1 | Sec. 6z-20. Of the money received from the 6.25% general | ||||||
2 | rate (and,
beginning July 1, 2000 and through December 31, 2000 | ||||||
3 | and beginning again on January 1, 2008 , the
1.25% rate on motor | ||||||
4 | fuel and gasohol) on sales
subject to taxation under the | ||||||
5 | Retailers' Occupation Tax Act and Service
Occupation Tax Act | ||||||
6 | and paid into the County and Mass Transit District Fund,
| ||||||
7 | distribution to the Regional Transportation Authority tax | ||||||
8 | fund, created
pursuant to Section 4.03 of the Regional | ||||||
9 | Transportation Authority Act, for
deposit therein shall be made | ||||||
10 | based upon the retail sales occurring in a
county having more | ||||||
11 | than 3,000,000 inhabitants. The remainder shall be
distributed | ||||||
12 | to each county having 3,000,000 or fewer inhabitants based upon
| ||||||
13 | the retail sales occurring in each such county.
| ||||||
14 | For the purpose of determining allocation to the local | ||||||
15 | government unit, a
retail sale by a producer of coal or other | ||||||
16 | mineral mined in Illinois is a sale
at retail at the place | ||||||
17 | where the coal or other mineral mined in Illinois is
extracted | ||||||
18 | from the earth. This paragraph does not apply to coal or other
| ||||||
19 | mineral when it is delivered or shipped by the seller to the | ||||||
20 | purchaser at a
point outside Illinois so that the sale is | ||||||
21 | exempt under the United States
Constitution as a sale in | ||||||
22 | interstate or foreign commerce.
| ||||||
23 | Of the money received from the 6.25% general use tax rate | ||||||
24 | on tangible
personal property which is purchased outside | ||||||
25 | Illinois at retail from a
retailer and which is titled or | ||||||
26 | registered by any agency of this State's
government and paid |
| |||||||
| |||||||
1 | into the County and Mass Transit District Fund, the
amount for | ||||||
2 | which Illinois addresses for titling or registration purposes
| ||||||
3 | are given as being in each county having more than 3,000,000 | ||||||
4 | inhabitants
shall be distributed into the Regional | ||||||
5 | Transportation Authority tax fund,
created pursuant to Section | ||||||
6 | 4.03 of the Regional Transportation Authority
Act. The | ||||||
7 | remainder of the money paid from such sales shall be | ||||||
8 | distributed
to each county based on sales for which Illinois | ||||||
9 | addresses for titling or
registration purposes are given as | ||||||
10 | being located in the county. Any money
paid into the Regional | ||||||
11 | Transportation Authority Occupation and Use Tax
Replacement | ||||||
12 | Fund from the County and Mass Transit District Fund prior to
| ||||||
13 | January 14, 1991, which has not been paid to the Authority | ||||||
14 | prior to that
date, shall be transferred to the Regional | ||||||
15 | Transportation Authority tax fund.
| ||||||
16 | Whenever the Department determines that a refund of money | ||||||
17 | paid into
the County and Mass Transit District Fund should be | ||||||
18 | made to a claimant
instead of issuing a credit memorandum, the | ||||||
19 | Department shall notify the
State Comptroller, who shall cause | ||||||
20 | the order to be drawn for the amount
specified, and to the | ||||||
21 | person named, in such notification from the
Department. Such | ||||||
22 | refund shall be paid by the State Treasurer out of the
County | ||||||
23 | and Mass Transit District Fund.
| ||||||
24 | On or before the 25th day of each calendar month, the | ||||||
25 | Department shall
prepare and certify to the Comptroller the | ||||||
26 | disbursement of stated sums of
money to the Regional |
| |||||||
| |||||||
1 | Transportation Authority and to named counties, the
counties to | ||||||
2 | be those entitled to distribution, as hereinabove provided, of
| ||||||
3 | taxes or penalties paid to the Department during the second | ||||||
4 | preceding
calendar month. The amount to be paid to the Regional | ||||||
5 | Transportation
Authority and each county having 3,000,000 or | ||||||
6 | fewer inhabitants shall be
the amount (not including credit | ||||||
7 | memoranda) collected during the second
preceding calendar | ||||||
8 | month by the Department and paid into the County and
Mass | ||||||
9 | Transit District Fund, plus an amount the Department determines | ||||||
10 | is
necessary to offset any amounts which were erroneously paid | ||||||
11 | to a different
taxing body, and not including an amount equal | ||||||
12 | to the amount of refunds
made during the second preceding | ||||||
13 | calendar month by the Department, and not
including any amount | ||||||
14 | which the Department determines is necessary to offset
any | ||||||
15 | amounts which were payable to a different taxing body but were
| ||||||
16 | erroneously paid to the Regional Transportation Authority or | ||||||
17 | county.
Within 10 days after receipt, by the Comptroller, of | ||||||
18 | the disbursement
certification to the Regional Transportation | ||||||
19 | Authority and counties,
provided for in this Section to be | ||||||
20 | given to the Comptroller by the
Department, the Comptroller | ||||||
21 | shall cause the orders to be drawn for the
respective amounts | ||||||
22 | in accordance with the directions contained in such
| ||||||
23 | certification.
| ||||||
24 | When certifying the amount of a monthly disbursement to the | ||||||
25 | Regional
Transportation Authority or to a county under this | ||||||
26 | Section, the Department
shall increase or decrease that amount |
| |||||||
| |||||||
1 | by an amount necessary to offset any
misallocation of previous | ||||||
2 | disbursements. The offset amount shall be the
amount | ||||||
3 | erroneously disbursed within the 6 months preceding the time a
| ||||||
4 | misallocation is discovered.
| ||||||
5 | The provisions directing the distributions from the | ||||||
6 | special fund in
the State Treasury provided for in this Section | ||||||
7 | and from the Regional
Transportation Authority tax fund created | ||||||
8 | by Section 4.03 of the Regional
Transportation Authority Act | ||||||
9 | shall constitute an irrevocable and continuing
appropriation | ||||||
10 | of all amounts as provided herein. The State Treasurer and
| ||||||
11 | State Comptroller are hereby authorized to make distributions | ||||||
12 | as provided
in this Section.
| ||||||
13 | In construing any development, redevelopment, annexation, | ||||||
14 | preannexation
or other lawful agreement in effect prior to | ||||||
15 | September 1, 1990, which
describes or refers to receipts from a | ||||||
16 | county or municipal retailers'
occupation tax, use tax or | ||||||
17 | service occupation tax which now cannot be
imposed, such | ||||||
18 | description or reference shall be deemed to include the
| ||||||
19 | replacement revenue for such abolished taxes, distributed from | ||||||
20 | the County
and Mass Transit District Fund or Local Government | ||||||
21 | Distributive Fund, as
the case may be.
| ||||||
22 | (Source: P.A. 90-491, eff. 1-1-98; 91-872, eff. 7-1-00.)
| ||||||
23 | Section 7. The Downstate Public Transportation Act is | ||||||
24 | amended by changing Sections 2-2.04, 2-3, 2-7, and 2-15 as | ||||||
25 | follows:
|
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| |||||||
1 | (30 ILCS 740/2-2.04) (from Ch. 111 2/3, par. 662.04)
| ||||||
2 | Sec. 2-2.04. "Eligible operating expenses" means all | ||||||
3 | expenses required
for public transportation, including | ||||||
4 | employee wages and benefits,
materials, fuels, supplies, | ||||||
5 | rental of facilities, taxes other than income
taxes, payment | ||||||
6 | made for debt service (including principal and interest) on
| ||||||
7 | publicly owned equipment or facilities, and any other | ||||||
8 | expenditure which is
an operating expense according to standard | ||||||
9 | accounting practices for the
providing of public | ||||||
10 | transportation. Eligible operating expenses shall not
include | ||||||
11 | allowances: (a) for depreciation whether funded or unfunded; | ||||||
12 | (b)
for amortization of any intangible costs; (c) for debt | ||||||
13 | service on capital
acquired with the assistance of capital | ||||||
14 | grant funds provided by the State
of Illinois; (d) for profits | ||||||
15 | or return on investment; (e) for excessive
payment to | ||||||
16 | associated entities; (f) for Comprehensive Employment Training
| ||||||
17 | Act expenses; (g) for costs reimbursed under Sections 6 and 8 | ||||||
18 | of the "Urban
Mass Transportation Act of 1964", as amended; (h) | ||||||
19 | for entertainment
expenses; (i) for charter expenses; (j) for | ||||||
20 | fines and penalties; (k) for
charitable donations; (l) for | ||||||
21 | interest expense on long term borrowing and
debt retirement | ||||||
22 | other than on publicly owned equipment or facilities; (m)
for | ||||||
23 | income taxes; or (n) for such other expenses as the Department | ||||||
24 | may
determine consistent with federal Department of | ||||||
25 | Transportation regulations
or requirements. In consultation |
| |||||||
| |||||||
1 | with participants, the Department shall, by October 2008, | ||||||
2 | promulgate or update rules, pursuant to the Illinois | ||||||
3 | Administrative Procedure Act, concerning eligible expenses to | ||||||
4 | ensure consistent application of the Act, and the Department | ||||||
5 | shall provide written copies of those rules to all eligible | ||||||
6 | recipients. The Department shall review this process in the | ||||||
7 | same manner no less frequently than every 5 years.
| ||||||
8 | With respect to participants other than any Metro-East | ||||||
9 | Transit District
participant and those receiving federal | ||||||
10 | research development and demonstration
funds pursuant to | ||||||
11 | Section 6 of the "Urban Mass Transportation Act of 1964",
as | ||||||
12 | amended, during the fiscal year ending June 30, 1979, the | ||||||
13 | maximum eligible
operating expenses for any such participant in | ||||||
14 | any fiscal year after Fiscal
Year 1980 shall be the amount | ||||||
15 | appropriated for such participant for the
fiscal year ending | ||||||
16 | June 30, 1980, plus in each year a 10% increase over
the | ||||||
17 | maximum established for the preceding fiscal year. For Fiscal | ||||||
18 | Year
1980 the maximum eligible operating expenses for any such | ||||||
19 | participant shall
be the amount of projected operating expenses | ||||||
20 | upon which the appropriation
for such participant for Fiscal | ||||||
21 | Year 1980 is based.
| ||||||
22 | With respect to participants receiving federal research | ||||||
23 | development and
demonstration operating assistance funds for | ||||||
24 | operating assistance pursuant
to Section 6 of the "Urban Mass | ||||||
25 | Transportation Act of 1964", as amended,
during the fiscal year | ||||||
26 | ending June 30, 1979, the maximum eligible operating
expenses |
| |||||||
| |||||||
1 | for any such participant in any fiscal year after Fiscal Year | ||||||
2 | 1980
shall not exceed such participant's eligible operating | ||||||
3 | expenses for the
fiscal year ending June 30, 1980, plus in each | ||||||
4 | year a 10% increase over
the maximum established for the | ||||||
5 | preceding fiscal year. For Fiscal Year
1980, the maximum | ||||||
6 | eligible operating expenses for any such participant shall
be | ||||||
7 | the eligible operating expenses incurred during such fiscal | ||||||
8 | year, or
projected operating expenses upon which the | ||||||
9 | appropriation for such participant
for the Fiscal Year 1980 is | ||||||
10 | based; whichever is less.
| ||||||
11 | With respect to all participants other than any Metro-East | ||||||
12 | Transit
District participant, the maximum eligible operating | ||||||
13 | expenses for any such
participant in any fiscal year after | ||||||
14 | Fiscal Year 1985 (except Fiscal Year 2008 and Fiscal Year 2009)
| ||||||
15 | shall be the amount
appropriated for such participant for the | ||||||
16 | fiscal year ending June 30, 1985,
plus in each year a 10% | ||||||
17 | increase over the maximum established for the preceding
year. | ||||||
18 | For Fiscal Year 1985, the maximum eligible operating expenses | ||||||
19 | for
any such participant shall be the amount of projected | ||||||
20 | operating expenses
upon which the appropriation for such | ||||||
21 | participant for Fiscal Year 1985 is
based.
| ||||||
22 | With respect to any mass transit district participant that | ||||||
23 | has increased
its district boundaries by annexing counties | ||||||
24 | since 1998 and is maintaining a
level of local financial | ||||||
25 | support, including all income and revenues, equal to
or greater | ||||||
26 | than the level in the State fiscal year ending June 30, 2001, |
| |||||||
| |||||||
1 | the
maximum eligible operating expenses for any State fiscal | ||||||
2 | year after 2002 (except State fiscal years
year 2006 through | ||||||
3 | 2009 ) shall
be the amount appropriated for that participant for | ||||||
4 | the State fiscal year
ending June 30, 2002, plus, in each State | ||||||
5 | fiscal year, a 10% increase over the
preceding State fiscal | ||||||
6 | year. For State fiscal year 2002, the maximum eligible
| ||||||
7 | operating expenses for any such participant shall be the amount | ||||||
8 | of projected
operating expenses upon which the appropriation | ||||||
9 | for that participant for State
fiscal year 2002 is based. For | ||||||
10 | that participant, eligible operating expenses
for State fiscal | ||||||
11 | year 2002 in excess of the eligible operating expenses for the
| ||||||
12 | State fiscal year ending June 30, 2001, plus 10%, must be | ||||||
13 | attributed to the
provision of services in the newly annexed | ||||||
14 | counties.
| ||||||
15 | With respect to a participant that receives an initial | ||||||
16 | appropriation in State
fiscal year 2002 or thereafter, the | ||||||
17 | maximum eligible operating expenses for any State fiscal
year | ||||||
18 | after 2003 (except State fiscal years
year 2006 through 2009 ) | ||||||
19 | shall be the amount appropriated for that participant for the
| ||||||
20 | State fiscal year in which it received its initial | ||||||
21 | appropriation, plus, in each year, a 10% increase over
the | ||||||
22 | preceding year. For the initial State fiscal year in which a | ||||||
23 | participant received an appropriation, the maximum eligible | ||||||
24 | operating
expenses for any such participant shall be the amount | ||||||
25 | of projected operating
expenses upon which the appropriation | ||||||
26 | for that participant for that State fiscal
year is based.
|
| |||||||
| |||||||
1 | With respect to the District serving primarily the counties | ||||||
2 | of Monroe and St. Clair, beginning July 1, 2005, the St. Clair | ||||||
3 | County Transit District shall no longer be included for new | ||||||
4 | appropriation funding purposes as part of the Metro-East Public | ||||||
5 | Transportation Fund and instead shall be included for new | ||||||
6 | appropriation funding purposes as part of the Downstate Public | ||||||
7 | Transportation Fund; provided, however, that nothing herein | ||||||
8 | shall alter the eligibility of that District for previously | ||||||
9 | appropriated funds to which it would otherwise be entitled.
| ||||||
10 | With respect to the fiscal year beginning July 1, 2007, and | ||||||
11 | thereafter, the following shall be included for new | ||||||
12 | appropriation funding purposes as part of the Downstate Public | ||||||
13 | Transportation Fund: Bond County; Bureau County; Coles County; | ||||||
14 | Edgar County; Stephenson County and the City of Freeport; Henry | ||||||
15 | County; Jo Daviess County; Kankakee and McLean Counties; Peoria | ||||||
16 | County; Piatt County; Shelby County; Tazewell and Woodford | ||||||
17 | Counties; Vermilion County; Williamson County; and Kendall | ||||||
18 | County.
| ||||||
19 | (Source: P.A. 94-70, eff. 6-22-05.)
| ||||||
20 | (30 ILCS 740/2-3) (from Ch. 111 2/3, par. 663)
| ||||||
21 | Sec. 2-3. (a) As soon as possible after the first day of | ||||||
22 | each month,
beginning July 1, 1984, upon certification of the | ||||||
23 | Department of Revenue,
the Comptroller shall order | ||||||
24 | transferred, and the Treasurer shall
transfer, from the General | ||||||
25 | Revenue Fund to a special fund in the State
Treasury which is |
| |||||||
| |||||||
1 | hereby created, to be known as the "Downstate Public
| ||||||
2 | Transportation Fund", an amount equal to 2/32 (beginning July | ||||||
3 | 1, 2005, 3/32) of the net revenue
realized from the "Retailers' | ||||||
4 | Occupation Tax Act", as now or hereafter
amended, the "Service | ||||||
5 | Occupation Tax Act", as now or hereafter amended,
the "Use Tax | ||||||
6 | Act", as now or hereafter amended, and the "Service Use Tax
| ||||||
7 | Act", as now or hereafter amended, from persons incurring | ||||||
8 | municipal or
county retailers' or service occupation tax | ||||||
9 | liability for the benefit of
any municipality or county located | ||||||
10 | wholly within the boundaries of each
participant other than any | ||||||
11 | Metro-East Transit District participant
certified pursuant to | ||||||
12 | subsection (c) of this Section during the
preceding month, | ||||||
13 | except that the Department shall pay into the Downstate
Public | ||||||
14 | Transportation Fund 2/32 (beginning July 1, 2005, 3/32) of 80% | ||||||
15 | of the net revenue realized under
the State tax Acts named | ||||||
16 | above within any municipality or county located
wholly within | ||||||
17 | the boundaries of each participant, other than any Metro-East
| ||||||
18 | participant, for tax periods beginning on or after January 1, | ||||||
19 | 1990 ;
provided, however, that beginning with fiscal year 1985,
| ||||||
20 | the transfers into the Downstate Public Transportation Fund | ||||||
21 | during any
fiscal year shall not exceed the annual | ||||||
22 | appropriation from the Downstate
Public Transportation Fund | ||||||
23 | for that year. The Department of Transportation
shall notify | ||||||
24 | the Department of Revenue and the Comptroller at the beginning
| ||||||
25 | of each fiscal year of the amount of the annual appropriation | ||||||
26 | from the
Downstate Public Transportation Fund .
Net revenue |
| |||||||
| |||||||
1 | realized for a month shall be the revenue
collected by the | ||||||
2 | State pursuant to such Acts during the previous month
from | ||||||
3 | persons incurring municipal or county retailers' or service
| ||||||
4 | occupation tax liability for the benefit of any municipality or | ||||||
5 | county
located wholly within the boundaries of a participant, | ||||||
6 | less the amount
paid out during that same month as refunds or | ||||||
7 | credit memoranda to
taxpayers for overpayment of liability | ||||||
8 | under such Acts for the benefit
of any municipality or county | ||||||
9 | located wholly within the boundaries of a
participant.
| ||||||
10 | (b) As soon as possible after the first day of each month, | ||||||
11 | beginning
July 1, 1989, upon certification of the Department of | ||||||
12 | Revenue, the
Comptroller shall order transferred, and the | ||||||
13 | Treasurer shall transfer, from
the General Revenue Fund to a | ||||||
14 | special fund in the State Treasury which is
hereby created, to | ||||||
15 | be known as the "Metro-East Public Transportation Fund",
an | ||||||
16 | amount equal to 2/32 of the net revenue realized, as above, | ||||||
17 | from within
the boundaries of Madison, Monroe, and St. Clair | ||||||
18 | Counties, except that the
Department shall pay into the | ||||||
19 | Metro-East Public Transportation Fund 2/32 of
80% of the net | ||||||
20 | revenue realized under the State tax Acts specified in
| ||||||
21 | subsection (a) of this Section within the boundaries of
| ||||||
22 | Madison, Monroe and St. Clair Counties for tax periods | ||||||
23 | beginning on or
after January 1, 1990. A local match
equivalent | ||||||
24 | to an amount which could be raised by a tax levy at the rate of
| ||||||
25 | .05% on the assessed value of property within the boundaries of | ||||||
26 | Madison County is required annually to cause a total of 2/32
of |
| |||||||
| |||||||
1 | the net revenue to be deposited in the Metro-East Public | ||||||
2 | Transportation
Fund. Failure to raise the required local match | ||||||
3 | annually shall result in
only 1/32 being deposited into the | ||||||
4 | Metro-East Public Transportation Fund
after July 1, 1989, or | ||||||
5 | 1/32 of 80% of the net revenue realized for tax
periods | ||||||
6 | beginning on or after January 1, 1990.
| ||||||
7 | (b-5) As soon as possible after the first day of each | ||||||
8 | month, beginning July 1, 2005, upon certification of the | ||||||
9 | Department of Revenue, the Comptroller shall order | ||||||
10 | transferred, and the Treasurer shall transfer, from the General | ||||||
11 | Revenue Fund to the Downstate Public Transportation Fund, an | ||||||
12 | amount equal to 3/32 of 80% of the net revenue realized from | ||||||
13 | within the boundaries of Monroe and St. Clair Counties under | ||||||
14 | the State Tax Acts specified in subsection (a) of this Section | ||||||
15 | and provided further that, beginning July 1, 2005, the | ||||||
16 | provisions of subsection (b) shall no longer apply with respect | ||||||
17 | to such tax receipts from Monroe and St. Clair Counties.
| ||||||
18 | (b-6) As soon as possible after the first day of each | ||||||
19 | month, beginning in fiscal year 2009, upon certification of the | ||||||
20 | Department of Revenue, the Comptroller shall order | ||||||
21 | transferred, and the Treasurer shall transfer, from the General | ||||||
22 | Revenue Fund to the Metro-East Public Transportation Fund, an | ||||||
23 | amount equal to 3/32 of 80% of the net revenue realized from | ||||||
24 | within the boundaries of Madison County under the State Tax | ||||||
25 | Acts specified in subsection (a) of this Section.
| ||||||
26 | (c) The Department shall certify to the Department of |
| |||||||
| |||||||
1 | Revenue the
eligible participants under this Article and the | ||||||
2 | territorial boundaries
of such participants for the purposes of | ||||||
3 | the Department of Revenue in
subsections (a) and (b) of this | ||||||
4 | Section.
| ||||||
5 | (d) For the purposes of this Article the Department shall | ||||||
6 | include in
its annual request for appropriation of ordinary and | ||||||
7 | contingent expenses
an amount equal to the sum total funds | ||||||
8 | projected to be paid to the
participants pursuant to Section | ||||||
9 | 2-7.
| ||||||
10 | (e) In addition to any other permitted use of moneys in the | ||||||
11 | Fund, and
notwithstanding any restriction on the use of the | ||||||
12 | Fund, moneys in the
Downstate Public Transportation
Fund may be | ||||||
13 | transferred to the General Revenue Fund as authorized by Public
| ||||||
14 | Act 87-14. The General Assembly finds that an excess of moneys | ||||||
15 | existed in
the Fund on July 30, 1991, and the Governor's order | ||||||
16 | of July 30, 1991,
and the Governor's order of July 30, 1991, | ||||||
17 | requesting the Comptroller and
Treasurer to transfer an amount | ||||||
18 | from the Fund to the General Revenue Fund
is hereby validated.
| ||||||
19 | (Source: P.A. 94-70, eff. 6-22-05.)
| ||||||
20 | (30 ILCS 740/2-7) (from Ch. 111 2/3, par. 667)
| ||||||
21 | Sec. 2-7. Quarterly reports; annual audit.
| ||||||
22 | (a) Any Metro-East Transit District participant shall, no
| ||||||
23 | later than 60 days following the end of each quarter
of any | ||||||
24 | fiscal year, file
with the Department on forms provided by the | ||||||
25 | Department for that purpose, a
report of the actual operating |
| |||||||
| |||||||
1 | deficit experienced during that quarter. The
Department shall, | ||||||
2 | upon receipt of the quarterly report, determine whether
the | ||||||
3 | operating deficits were incurred in conformity with
the program | ||||||
4 | of proposed expenditures approved by the Department pursuant to
| ||||||
5 | Section 2-11. Any Metro-East District may either monthly or | ||||||
6 | quarterly for
any fiscal year file a request for the | ||||||
7 | participant's eligible share, as
allocated in accordance with | ||||||
8 | Section 2-6, of the amounts transferred into the
Metro-East | ||||||
9 | Public Transportation Fund.
| ||||||
10 | (b) Each participant other than any Metro-East Transit | ||||||
11 | District
participant shall, 30 days before the end of each | ||||||
12 | quarter, file with the
Department
on forms provided by the | ||||||
13 | Department for such purposes a report of the projected
eligible | ||||||
14 | operating expenses to be incurred in the next quarter and 30 | ||||||
15 | days
before the third and fourth quarters of any fiscal year a | ||||||
16 | statement of actual
eligible operating expenses incurred in the | ||||||
17 | preceding quarters. Except as otherwise provided in subsection | ||||||
18 | (b-5), within
45 days of receipt by the Department of such | ||||||
19 | quarterly report, the Comptroller
shall order paid and the | ||||||
20 | Treasurer shall pay from the Downstate Public
Transportation | ||||||
21 | Fund to each participant an amount equal to one-third of
such | ||||||
22 | participant's eligible operating expenses; provided, however, | ||||||
23 | that in
Fiscal Year 1997, the amount paid to each participant | ||||||
24 | from the
Downstate Public Transportation Fund shall be an | ||||||
25 | amount equal to 47% of
such participant's eligible operating | ||||||
26 | expenses and shall be increased to 49%
in Fiscal Year 1998, 51% |
| |||||||
| |||||||
1 | in Fiscal Year 1999, 53% in Fiscal Year 2000, and 55%
in Fiscal | ||||||
2 | Years
Year 2001 through 2007, and 65% in Fiscal Year 2008 and | ||||||
3 | thereafter; however, in any year that a participant
receives | ||||||
4 | funding under subsection (i) of Section 2705-305 of the | ||||||
5 | Department of
Transportation Law (20 ILCS 2705/2705-305), that | ||||||
6 | participant shall be eligible
only for assistance equal to the | ||||||
7 | following percentage of its eligible operating
expenses: 42% in | ||||||
8 | Fiscal Year 1997, 44% in Fiscal Year 1998, 46% in Fiscal Year
| ||||||
9 | 1999, 48% in Fiscal Year 2000, and 50% in Fiscal Year 2001 and | ||||||
10 | thereafter. Any
such payment for the third and fourth quarters | ||||||
11 | of any fiscal year shall be
adjusted to reflect
actual eligible | ||||||
12 | operating expenses for preceding quarters of such fiscal
year. | ||||||
13 | However, no participant shall receive an amount less than that | ||||||
14 | which
was received in the immediate prior year, provided in the | ||||||
15 | event of a
shortfall in the fund those participants receiving | ||||||
16 | less than their full
allocation pursuant to Section 2-6 of this | ||||||
17 | Article shall be the first
participants to receive an amount | ||||||
18 | not less than that received in the
immediate prior year.
| ||||||
19 | (b-5) (Blank.)
With respect to the District serving | ||||||
20 | primarily the counties of Monroe and St. Clair, beginning July | ||||||
21 | 1, 2005 and each fiscal year thereafter, the District may, as | ||||||
22 | an alternative to the provisions of subsection (b) of Section | ||||||
23 | 2-7, file a request with the Department for a monthly payment | ||||||
24 | of 1/12 of the amount appropriated to the District for that | ||||||
25 | fiscal year; except that, for the final month of the fiscal | ||||||
26 | year, the District's request shall be in an amount such that |
| |||||||
| |||||||
1 | the total payments made to the District in that fiscal year do | ||||||
2 | not exceed the lesser of (i) 55% of the District's eligible | ||||||
3 | operating expenses for that fiscal year or (ii) the total | ||||||
4 | amount appropriated to the District for that fiscal year.
| ||||||
5 | (b-10) On July 1, 2008, each participant shall receive an | ||||||
6 | appropriation in an amount equal to 65% of its fiscal year 2008 | ||||||
7 | eligible operating expenses adjusted by the annual 10% increase | ||||||
8 | required by Section 2-2.04 of this Act. In no case shall any | ||||||
9 | participant receive an appropriation that is less than its | ||||||
10 | fiscal year 2008 appropriation. Every fiscal year thereafter, | ||||||
11 | each participant's appropriation shall increase by 10% over the | ||||||
12 | appropriation established for the preceding fiscal year as | ||||||
13 | required by Section 2-2.04 of this Act.
| ||||||
14 | (b-15) Beginning on July 1, 2007, and for each fiscal year | ||||||
15 | thereafter, each participant shall maintain a minimum local | ||||||
16 | share contribution (from farebox and all other local revenues) | ||||||
17 | equal to the actual amount provided in Fiscal Year 2006 or, for | ||||||
18 | new recipients, an amount equivalent to the local share | ||||||
19 | provided in the first year of participation.
| ||||||
20 | (b-20) Any participant in the Downstate Public | ||||||
21 | Transportation Fund may use State operating assistance | ||||||
22 | pursuant to this Section to provide transportation services | ||||||
23 | within any county that is contiguous to its territorial | ||||||
24 | boundaries as defined by the Department and subject to | ||||||
25 | Departmental approval. Any such contiguous-area service | ||||||
26 | provided by a participant after July 1, 2007 must meet the |
| |||||||
| |||||||
1 | requirements of subsection (a) of Section 2-5.1.
| ||||||
2 | (c) No later than 180 days following the last day of the | ||||||
3 | Fiscal Year each
participant shall provide the Department with | ||||||
4 | an audit prepared by a Certified
Public Accountant covering | ||||||
5 | that Fiscal Year. For those participants other than a | ||||||
6 | Metro-East Transit
District, any discrepancy between the | ||||||
7 | grants paid and the
percentage of the eligible operating | ||||||
8 | expenses provided for by paragraph
(b) of this Section shall be | ||||||
9 | reconciled by appropriate payment or credit.
In the case of any | ||||||
10 | Metro-East Transit District, any amount of payments from
the | ||||||
11 | Metro-East Public Transportation Fund which exceed the | ||||||
12 | eligible deficit
of the participant shall be reconciled by | ||||||
13 | appropriate payment or credit.
| ||||||
14 | (Source: P.A. 94-70, eff. 6-22-05.)
| ||||||
15 | (30 ILCS 740/2-15) (from Ch. 111 2/3, par. 675.1)
| ||||||
16 | Sec. 2-15. Except as otherwise provided in this Section,
| ||||||
17 | all funds which remain in the Downstate Public Transportation | ||||||
18 | Fund or the
Metro-East Public Transportation Fund after the | ||||||
19 | payment of the fourth quarterly
payment to participants other | ||||||
20 | than Metro-East Transit District
participants and the last | ||||||
21 | monthly payment to Metro-East Transit
participants in each | ||||||
22 | fiscal year shall be transferred (i) to the
General Revenue | ||||||
23 | Fund through fiscal year 2008 and (ii) to the Downstate Transit | ||||||
24 | Improvement Fund for fiscal year 2009 and each fiscal year | ||||||
25 | thereafter. Transfers shall be made no later than 90 days |
| |||||||
| |||||||
1 | following the end of such fiscal
year. Beginning fiscal year | ||||||
2 | 2010, all moneys each year in the Downstate Transit Improvement | ||||||
3 | Fund, held solely for the benefit of the participants in the | ||||||
4 | Downstate Public Transportation Fund and the Metro-East | ||||||
5 | Transit Fund, shall be appropriated to the Department to make | ||||||
6 | competitive capital grants to the participants of the | ||||||
7 | respective funds. However, such amount as the Department | ||||||
8 | determines to be necessary
for (1) allocation to participants | ||||||
9 | for the purposes of Section 2-7 for
the first quarter of the | ||||||
10 | succeeding fiscal year and (2) an amount equal to
2% of the | ||||||
11 | total allocations to participants in the fiscal year just ended
| ||||||
12 | to be used for the purpose of audit adjustments shall be | ||||||
13 | retained in such
Funds to be used by the Department for such | ||||||
14 | purposes.
| ||||||
15 | (Source: P.A. 86-590.)
| ||||||
16 | Section 7.1. The Use Tax Act is amended by changing | ||||||
17 | Sections 3-10 and 9 as follows:
| ||||||
18 | (35 ILCS 105/3-10) (from Ch. 120, par. 439.3-10)
| ||||||
19 | Sec. 3-10. Rate of tax. Unless otherwise provided in this | ||||||
20 | Section, the tax
imposed by this Act is at the rate of 6.25% of | ||||||
21 | either the selling price or the
fair market value, if any, of | ||||||
22 | the tangible personal property. In all cases
where property | ||||||
23 | functionally used or consumed is the same as the property that
| ||||||
24 | was purchased at retail, then the tax is imposed on the selling |
| |||||||
| |||||||
1 | price of the
property. In all cases where property functionally | ||||||
2 | used or consumed is a
by-product or waste product that has been | ||||||
3 | refined, manufactured, or produced
from property purchased at | ||||||
4 | retail, then the tax is imposed on the lower of the
fair market | ||||||
5 | value, if any, of the specific property so used in this State | ||||||
6 | or on
the selling price of the property purchased at retail. | ||||||
7 | For purposes of this
Section "fair market value" means the | ||||||
8 | price at which property would change
hands between a willing | ||||||
9 | buyer and a willing seller, neither being under any
compulsion | ||||||
10 | to buy or sell and both having reasonable knowledge of the
| ||||||
11 | relevant facts. The fair market value shall be established by | ||||||
12 | Illinois sales by
the taxpayer of the same property as that | ||||||
13 | functionally used or consumed, or if
there are no such sales by | ||||||
14 | the taxpayer, then comparable sales or purchases of
property of | ||||||
15 | like kind and character in Illinois.
| ||||||
16 | Beginning on July 1, 2000 and through December 31, 2000 and | ||||||
17 | beginning again January 1, 2008 , with respect to
motor fuel, as | ||||||
18 | defined in Section 1.1 of the Motor Fuel Tax
Law, and gasohol, | ||||||
19 | as defined in Section 3-40 of the Use Tax Act, the tax is
| ||||||
20 | imposed at the rate of 1.25%.
| ||||||
21 | With respect to gasohol, the tax imposed by this Act | ||||||
22 | applies to (i) 70%
of the proceeds of sales made on or after | ||||||
23 | January 1, 1990, and before
July 1, 2003, (ii) 80% of the | ||||||
24 | proceeds of sales made
on or after July 1, 2003 and on or | ||||||
25 | before December 31, 2013, and (iii) 100% of the proceeds of | ||||||
26 | sales made
thereafter.
If, at any time, however, the tax under |
| |||||||
| |||||||
1 | this Act on sales of gasohol is
imposed at the
rate of 1.25%, | ||||||
2 | then the tax imposed by this Act applies to 100% of the | ||||||
3 | proceeds
of sales of gasohol made during that time.
| ||||||
4 | With respect to majority blended ethanol fuel, the tax | ||||||
5 | imposed by this Act
does
not apply
to the proceeds of sales | ||||||
6 | made on or after July 1, 2003 and on or before
December
31, | ||||||
7 | 2013 but applies to 100% of the proceeds of sales made | ||||||
8 | thereafter.
| ||||||
9 | With respect to biodiesel blends with no less than 1% and | ||||||
10 | no more than 10%
biodiesel, the tax imposed by this Act applies | ||||||
11 | to (i) 80% of the
proceeds of sales made on or after July 1, | ||||||
12 | 2003 and on or before December 31,
2013 and (ii) 100% of the | ||||||
13 | proceeds of sales made
thereafter.
If, at any time, however, | ||||||
14 | the tax under this Act on sales of biodiesel blends
with no | ||||||
15 | less than 1% and no more than 10% biodiesel
is imposed at the | ||||||
16 | rate of
1.25%, then the
tax imposed by this Act applies to 100% | ||||||
17 | of the proceeds of sales of biodiesel
blends with no less than | ||||||
18 | 1% and no more than 10% biodiesel
made
during that time.
| ||||||
19 | With respect to 100% biodiesel and biodiesel blends with | ||||||
20 | more than 10%
but no more than 99% biodiesel, the tax imposed | ||||||
21 | by this Act does not apply to
the
proceeds of sales made on or | ||||||
22 | after July 1, 2003 and on or before
December 31, 2013 but | ||||||
23 | applies to 100% of the proceeds of sales made
thereafter.
| ||||||
24 | With respect to food for human consumption that is to be | ||||||
25 | consumed off the
premises where it is sold (other than | ||||||
26 | alcoholic beverages, soft drinks, and
food that has been |
| |||||||
| |||||||
1 | prepared for immediate consumption) and prescription and
| ||||||
2 | nonprescription medicines, drugs, medical appliances, | ||||||
3 | modifications to a motor
vehicle for the purpose of rendering | ||||||
4 | it usable by a disabled person, and
insulin, urine testing | ||||||
5 | materials, syringes, and needles used by diabetics, for
human | ||||||
6 | use, the tax is imposed at the rate of 1%. For the purposes of | ||||||
7 | this
Section, the term "soft drinks" means any complete, | ||||||
8 | finished, ready-to-use,
non-alcoholic drink, whether | ||||||
9 | carbonated or not, including but not limited to
soda water, | ||||||
10 | cola, fruit juice, vegetable juice, carbonated water, and all | ||||||
11 | other
preparations commonly known as soft drinks of whatever | ||||||
12 | kind or description that
are contained in any closed or sealed | ||||||
13 | bottle, can, carton, or container,
regardless of size. "Soft | ||||||
14 | drinks" does not include coffee, tea, non-carbonated
water, | ||||||
15 | infant formula, milk or milk products as defined in the Grade A
| ||||||
16 | Pasteurized Milk and Milk Products Act, or drinks containing | ||||||
17 | 50% or more
natural fruit or vegetable juice.
| ||||||
18 | Notwithstanding any other provisions of this
Act, "food for | ||||||
19 | human consumption that is to be consumed off the premises where
| ||||||
20 | it is sold" includes all food sold through a vending machine, | ||||||
21 | except soft
drinks and food products that are dispensed hot | ||||||
22 | from a vending machine,
regardless of the location of the | ||||||
23 | vending machine.
| ||||||
24 | If the property that is purchased at retail from a retailer | ||||||
25 | is acquired
outside Illinois and used outside Illinois before | ||||||
26 | being brought to Illinois
for use here and is taxable under |
| |||||||
| |||||||
1 | this Act, the "selling price" on which
the tax is computed | ||||||
2 | shall be reduced by an amount that represents a
reasonable | ||||||
3 | allowance for depreciation for the period of prior out-of-state | ||||||
4 | use.
| ||||||
5 | (Source: P.A. 93-17, eff. 6-11-03.)
| ||||||
6 | Section 7.2. The Service Use Tax Act is amended by changing | ||||||
7 | Sections 3-10 and 9 as follows:
| ||||||
8 | (35 ILCS 110/3-10) (from Ch. 120, par. 439.33-10)
| ||||||
9 | Sec. 3-10. Rate of tax. Unless otherwise provided in this | ||||||
10 | Section,
the tax imposed by this Act is at the rate of 6.25% of | ||||||
11 | the selling
price of tangible personal property transferred as | ||||||
12 | an incident to the sale
of service, but, for the purpose of | ||||||
13 | computing this tax, in no event shall
the selling price be less | ||||||
14 | than the cost price of the property to the
serviceman.
| ||||||
15 | Beginning on July 1, 2000 and through December 31, 2000 and | ||||||
16 | beginning again on January 1, 2008 , with respect to
motor fuel, | ||||||
17 | as defined in Section 1.1 of the Motor Fuel Tax
Law, and | ||||||
18 | gasohol, as defined in Section 3-40 of the Use Tax Act, the tax | ||||||
19 | is
imposed at
the rate of 1.25%.
| ||||||
20 | With respect to gasohol, as defined in the Use Tax Act, the | ||||||
21 | tax imposed
by this Act applies to (i) 70% of the selling price | ||||||
22 | of property transferred
as an incident to the sale of service | ||||||
23 | on or after January 1, 1990,
and before July 1, 2003, (ii) 80% | ||||||
24 | of the selling price of
property transferred as an incident to |
| |||||||
| |||||||
1 | the sale of service on or after July
1, 2003 and on or before | ||||||
2 | December 31, 2013, and (iii)
100% of the selling price | ||||||
3 | thereafter.
If, at any time, however, the tax under this Act on | ||||||
4 | sales of gasohol, as
defined in
the Use Tax Act, is imposed at | ||||||
5 | the rate of 1.25%, then the
tax imposed by this Act applies to | ||||||
6 | 100% of the proceeds of sales of gasohol
made during that time.
| ||||||
7 | With respect to majority blended ethanol fuel, as defined | ||||||
8 | in the Use Tax Act,
the
tax
imposed by this Act does not apply | ||||||
9 | to the selling price of property transferred
as an incident to | ||||||
10 | the sale of service on or after July 1, 2003 and on or before
| ||||||
11 | December 31, 2013 but applies to 100% of the selling price | ||||||
12 | thereafter.
| ||||||
13 | With respect to biodiesel blends, as defined in the Use Tax | ||||||
14 | Act, with no less
than 1% and no
more than 10% biodiesel, the | ||||||
15 | tax imposed by this Act
applies to (i) 80% of the selling price | ||||||
16 | of property transferred as an incident
to the sale of service | ||||||
17 | on or after July 1, 2003 and on or before December 31,
2013 and | ||||||
18 | (ii) 100% of the proceeds of the selling price
thereafter.
If, | ||||||
19 | at any time, however, the tax under this Act on sales of | ||||||
20 | biodiesel blends,
as
defined in the Use Tax Act, with no less | ||||||
21 | than 1% and no more than 10% biodiesel
is imposed at the rate | ||||||
22 | of 1.25%, then the
tax imposed by this Act applies to 100% of | ||||||
23 | the proceeds of sales of biodiesel
blends with no less than 1% | ||||||
24 | and no more than 10% biodiesel
made
during that time.
| ||||||
25 | With respect to 100% biodiesel, as defined in the Use Tax | ||||||
26 | Act, and biodiesel
blends, as defined in the Use Tax Act, with
|
| |||||||
| |||||||
1 | more than 10% but no more than 99% biodiesel, the tax imposed | ||||||
2 | by this Act
does not apply to the proceeds of the selling price | ||||||
3 | of property transferred
as an incident to the sale of service | ||||||
4 | on or after July 1, 2003 and on or before
December 31, 2013 but | ||||||
5 | applies to 100% of the selling price thereafter.
| ||||||
6 | At the election of any registered serviceman made for each | ||||||
7 | fiscal year,
sales of service in which the aggregate annual | ||||||
8 | cost price of tangible
personal property transferred as an | ||||||
9 | incident to the sales of service is
less than 35%, or 75% in | ||||||
10 | the case of servicemen transferring prescription
drugs or | ||||||
11 | servicemen engaged in graphic arts production, of the aggregate
| ||||||
12 | annual total gross receipts from all sales of service, the tax | ||||||
13 | imposed by
this Act shall be based on the serviceman's cost | ||||||
14 | price of the tangible
personal property transferred as an | ||||||
15 | incident to the sale of those services.
| ||||||
16 | The tax shall be imposed at the rate of 1% on food prepared | ||||||
17 | for
immediate consumption and transferred incident to a sale of | ||||||
18 | service subject
to this Act or the Service Occupation Tax Act | ||||||
19 | by an entity licensed under
the Hospital Licensing Act, the | ||||||
20 | Nursing Home Care Act, or the
Child Care
Act of 1969. The tax | ||||||
21 | shall
also be imposed at the rate of 1% on food for human | ||||||
22 | consumption that is to be
consumed off the premises where it is | ||||||
23 | sold (other than alcoholic beverages,
soft drinks, and food | ||||||
24 | that has been prepared for immediate consumption and is
not | ||||||
25 | otherwise included in this paragraph) and prescription and | ||||||
26 | nonprescription
medicines, drugs, medical appliances, |
| |||||||
| |||||||
1 | modifications to a motor vehicle for the
purpose of rendering | ||||||
2 | it usable by a disabled person, and insulin, urine testing
| ||||||
3 | materials,
syringes, and needles used by diabetics, for
human | ||||||
4 | use. For the purposes of this Section, the term "soft drinks" | ||||||
5 | means any
complete, finished, ready-to-use, non-alcoholic | ||||||
6 | drink, whether carbonated or
not, including but not limited to | ||||||
7 | soda water, cola, fruit juice, vegetable
juice, carbonated | ||||||
8 | water, and all other preparations commonly known as soft
drinks | ||||||
9 | of whatever kind or description that are contained in any | ||||||
10 | closed or
sealed bottle, can, carton, or container, regardless | ||||||
11 | of size. "Soft drinks"
does not include coffee, tea, | ||||||
12 | non-carbonated water, infant formula, milk or
milk products as | ||||||
13 | defined in the Grade A Pasteurized Milk and Milk Products Act,
| ||||||
14 | or drinks containing 50% or more natural fruit or vegetable | ||||||
15 | juice.
| ||||||
16 | Notwithstanding any other provisions of this Act, "food for | ||||||
17 | human
consumption that is to be consumed off the premises where | ||||||
18 | it is sold" includes
all food sold through a vending machine, | ||||||
19 | except soft drinks and food products
that are dispensed hot | ||||||
20 | from a vending machine, regardless of the location of
the | ||||||
21 | vending machine.
| ||||||
22 | If the property that is acquired from a serviceman is | ||||||
23 | acquired outside
Illinois and used outside Illinois before | ||||||
24 | being brought to Illinois for use
here and is taxable under | ||||||
25 | this Act, the "selling price" on which the tax
is computed | ||||||
26 | shall be reduced by an amount that represents a reasonable
|
| |||||||
| |||||||
1 | allowance for depreciation for the period of prior out-of-state | ||||||
2 | use.
| ||||||
3 | (Source: P.A. 93-17, eff. 6-11-03.)
| ||||||
4 | Section 7.3. The Service Occupation Tax Act is amended by | ||||||
5 | changing Sections 3-10 and 9 as follows:
| ||||||
6 | (35 ILCS 115/3-10) (from Ch. 120, par. 439.103-10)
| ||||||
7 | Sec. 3-10. Rate of tax. Unless otherwise provided in this | ||||||
8 | Section,
the tax imposed by this Act is at the rate of 6.25% of | ||||||
9 | the "selling price",
as defined in Section 2 of the Service Use | ||||||
10 | Tax Act, of the tangible
personal property. For the purpose of | ||||||
11 | computing this tax, in no event
shall the "selling price" be | ||||||
12 | less than the cost price to the serviceman of
the tangible | ||||||
13 | personal property transferred. The selling price of each item
| ||||||
14 | of tangible personal property transferred as an incident of a | ||||||
15 | sale of
service may be shown as a distinct and separate item on | ||||||
16 | the serviceman's
billing to the service customer. If the | ||||||
17 | selling price is not so shown, the
selling price of the | ||||||
18 | tangible personal property is deemed to be 50% of the
| ||||||
19 | serviceman's entire billing to the service customer. When, | ||||||
20 | however, a
serviceman contracts to design, develop, and produce | ||||||
21 | special order machinery or
equipment, the tax imposed by this | ||||||
22 | Act shall be based on the serviceman's
cost price of the | ||||||
23 | tangible personal property transferred incident to the
| ||||||
24 | completion of the contract.
|
| |||||||
| |||||||
1 | Beginning on July 1, 2000 and through December 31, 2000 and | ||||||
2 | beginning again on January 1, 2008 , with respect to
motor fuel, | ||||||
3 | as defined in Section 1.1 of the Motor Fuel Tax
Law, and | ||||||
4 | gasohol, as defined in Section 3-40 of the Use Tax Act, the tax | ||||||
5 | is
imposed at
the rate of 1.25%.
| ||||||
6 | With respect to gasohol, as defined in the Use Tax Act, the | ||||||
7 | tax imposed
by this Act shall apply to (i) 70% of the cost | ||||||
8 | price of property
transferred as
an incident to the sale of | ||||||
9 | service on or after January 1, 1990, and before
July 1, 2003, | ||||||
10 | (ii) 80% of the selling price of property transferred as an
| ||||||
11 | incident to the sale of service on or after July
1, 2003 and on | ||||||
12 | or before December 31, 2013, and (iii) 100%
of
the cost price
| ||||||
13 | thereafter.
If, at any time, however, the tax under this Act on | ||||||
14 | sales of gasohol, as
defined in
the Use Tax Act, is imposed at | ||||||
15 | the rate of 1.25%, then the
tax imposed by this Act applies to | ||||||
16 | 100% of the proceeds of sales of gasohol
made during that time.
| ||||||
17 | With respect to majority blended ethanol fuel, as defined | ||||||
18 | in the Use Tax Act,
the
tax
imposed by this Act does not apply | ||||||
19 | to the selling price of property transferred
as an incident to | ||||||
20 | the sale of service on or after July 1, 2003 and on or before
| ||||||
21 | December 31, 2013 but applies to 100% of the selling price | ||||||
22 | thereafter.
| ||||||
23 | With respect to biodiesel blends, as defined in the Use Tax | ||||||
24 | Act, with no less
than 1% and no
more than 10% biodiesel, the | ||||||
25 | tax imposed by this Act
applies to (i) 80% of the selling price | ||||||
26 | of property transferred as an incident
to the sale of service |
| |||||||
| |||||||
1 | on or after July 1, 2003 and on or before December 31,
2013 and | ||||||
2 | (ii) 100% of the proceeds of the selling price
thereafter.
If, | ||||||
3 | at any time, however, the tax under this Act on sales of | ||||||
4 | biodiesel blends,
as
defined in the Use Tax Act, with no less | ||||||
5 | than 1% and no more than 10% biodiesel
is imposed at the rate | ||||||
6 | of 1.25%, then the
tax imposed by this Act applies to 100% of | ||||||
7 | the proceeds of sales of biodiesel
blends with no less than 1% | ||||||
8 | and no more than 10% biodiesel
made
during that time.
| ||||||
9 | With respect to 100% biodiesel, as defined in the Use Tax | ||||||
10 | Act, and biodiesel
blends, as defined in the Use Tax Act, with
| ||||||
11 | more than 10% but no more than 99% biodiesel material, the tax | ||||||
12 | imposed by this
Act
does not apply to the proceeds of the | ||||||
13 | selling price of property transferred
as an incident to the | ||||||
14 | sale of service on or after July 1, 2003 and on or before
| ||||||
15 | December 31, 2013 but applies to 100% of the selling price | ||||||
16 | thereafter.
| ||||||
17 | At the election of any registered serviceman made for each | ||||||
18 | fiscal year,
sales of service in which the aggregate annual | ||||||
19 | cost price of tangible
personal property transferred as an | ||||||
20 | incident to the sales of service is
less than 35%, or 75% in | ||||||
21 | the case of servicemen transferring prescription
drugs or | ||||||
22 | servicemen engaged in graphic arts production, of the aggregate
| ||||||
23 | annual total gross receipts from all sales of service, the tax | ||||||
24 | imposed by
this Act shall be based on the serviceman's cost | ||||||
25 | price of the tangible
personal property transferred incident to | ||||||
26 | the sale of those services.
|
| |||||||
| |||||||
1 | The tax shall be imposed at the rate of 1% on food prepared | ||||||
2 | for
immediate consumption and transferred incident to a sale of | ||||||
3 | service subject
to this Act or the Service Occupation Tax Act | ||||||
4 | by an entity licensed under
the Hospital Licensing Act, the | ||||||
5 | Nursing Home Care Act, or the
Child Care Act of 1969. The tax | ||||||
6 | shall
also be imposed at the rate of 1% on food for human | ||||||
7 | consumption that is
to be consumed off the
premises where it is | ||||||
8 | sold (other than alcoholic beverages, soft drinks, and
food | ||||||
9 | that has been prepared for immediate consumption and is not
| ||||||
10 | otherwise included in this paragraph) and prescription and
| ||||||
11 | nonprescription medicines, drugs, medical appliances, | ||||||
12 | modifications to a motor
vehicle for the purpose of rendering | ||||||
13 | it usable by a disabled person, and
insulin, urine testing | ||||||
14 | materials, syringes, and needles used by diabetics, for
human | ||||||
15 | use. For the purposes of this Section, the term "soft drinks" | ||||||
16 | means any
complete, finished, ready-to-use, non-alcoholic | ||||||
17 | drink, whether carbonated or
not, including but not limited to | ||||||
18 | soda water, cola, fruit juice, vegetable
juice, carbonated | ||||||
19 | water, and all other preparations commonly known as soft
drinks | ||||||
20 | of whatever kind or description that are contained in any | ||||||
21 | closed or
sealed can, carton, or container, regardless of size. | ||||||
22 | "Soft drinks" does not
include coffee, tea, non-carbonated | ||||||
23 | water, infant formula, milk or milk
products as defined in the | ||||||
24 | Grade A Pasteurized Milk and Milk Products Act, or
drinks | ||||||
25 | containing 50% or more natural fruit or vegetable juice.
| ||||||
26 | Notwithstanding any other provisions of this Act, "food for |
| |||||||
| |||||||
1 | human consumption
that is to be consumed off the premises where | ||||||
2 | it is sold" includes all food
sold through a vending machine, | ||||||
3 | except soft drinks and food products that are
dispensed hot | ||||||
4 | from a vending machine, regardless of the location of the | ||||||
5 | vending
machine.
| ||||||
6 | (Source: P.A. 93-17, eff. 6-11-03.)
| ||||||
7 | Section 7.4. The Retailers' Occupation Tax Act is amended | ||||||
8 | by changing Sections 2-10 and 3 as follows:
| ||||||
9 | (35 ILCS 120/2-10) (from Ch. 120, par. 441-10)
| ||||||
10 | Sec. 2-10. Rate of tax. Unless otherwise provided in this | ||||||
11 | Section,
the tax imposed by this Act is at the rate of 6.25% of | ||||||
12 | gross receipts
from sales of tangible personal property made in | ||||||
13 | the course of business.
| ||||||
14 | Beginning on July 1, 2000 and through December 31, 2000 and | ||||||
15 | beginning again on January 1, 2008 , with respect to
motor fuel, | ||||||
16 | as defined in Section 1.1 of the Motor Fuel Tax
Law, and | ||||||
17 | gasohol, as defined in Section 3-40 of the Use Tax Act, the tax | ||||||
18 | is
imposed at the rate of 1.25%.
| ||||||
19 | Within 14 days after the effective date of this amendatory | ||||||
20 | Act of the 91st
General Assembly, each retailer of motor fuel | ||||||
21 | and gasohol shall cause the
following notice to be posted in a | ||||||
22 | prominently visible place on each retail
dispensing device that | ||||||
23 | is used to dispense motor
fuel or gasohol in the State of | ||||||
24 | Illinois: "As of July 1, 2000, the State of
Illinois has |
| |||||||
| |||||||
1 | eliminated the State's share of sales tax on motor fuel and
| ||||||
2 | gasohol through December 31, 2000. The price on this pump | ||||||
3 | should reflect the
elimination of the tax." The notice shall be | ||||||
4 | printed in bold print on a sign
that is no smaller than 4 | ||||||
5 | inches by 8 inches. The sign shall be clearly
visible to | ||||||
6 | customers. Any retailer who fails to post or maintain a | ||||||
7 | required
sign through December 31, 2000 is guilty of a petty | ||||||
8 | offense for which the fine
shall be $500 per day per each | ||||||
9 | retail premises where a violation occurs.
| ||||||
10 | With respect to gasohol, as defined in the Use Tax Act, the | ||||||
11 | tax imposed
by this Act applies to (i) 70% of the proceeds of | ||||||
12 | sales made on or after
January 1, 1990, and before July 1, | ||||||
13 | 2003, (ii) 80% of the proceeds of
sales made on or after July | ||||||
14 | 1, 2003 and on or before December 31,
2013, and (iii) 100% of | ||||||
15 | the proceeds of sales
made thereafter.
If, at any time, | ||||||
16 | however, the tax under this Act on sales of gasohol, as
defined | ||||||
17 | in
the Use Tax Act, is imposed at the rate of 1.25%, then the
| ||||||
18 | tax imposed by this Act applies to 100% of the proceeds of | ||||||
19 | sales of gasohol
made during that time.
| ||||||
20 | With respect to majority blended ethanol fuel, as defined | ||||||
21 | in the Use Tax Act,
the
tax
imposed by this Act does not apply | ||||||
22 | to the proceeds of sales made on or after
July 1, 2003 and on or | ||||||
23 | before December 31, 2013 but applies to 100% of the
proceeds of | ||||||
24 | sales made thereafter.
| ||||||
25 | With respect to biodiesel blends, as defined in the Use Tax | ||||||
26 | Act, with no less
than 1% and no
more than 10% biodiesel, the |
| |||||||
| |||||||
1 | tax imposed by this Act
applies to (i) 80% of the proceeds of | ||||||
2 | sales made on or after July 1, 2003
and on or before December | ||||||
3 | 31, 2013 and (ii) 100% of the
proceeds of sales made | ||||||
4 | thereafter.
If, at any time, however, the tax under this Act on | ||||||
5 | sales of biodiesel blends,
as
defined in the Use Tax Act, with | ||||||
6 | no less than 1% and no more than 10% biodiesel
is imposed at | ||||||
7 | the rate of 1.25%, then the
tax imposed by this Act applies to | ||||||
8 | 100% of the proceeds of sales of biodiesel
blends with no less | ||||||
9 | than 1% and no more than 10% biodiesel
made
during that time.
| ||||||
10 | With respect to 100% biodiesel, as defined in the Use Tax | ||||||
11 | Act, and biodiesel
blends, as defined in the Use Tax Act, with
| ||||||
12 | more than 10% but no more than 99% biodiesel, the tax imposed | ||||||
13 | by this Act
does not apply to the proceeds of sales made on or | ||||||
14 | after July 1, 2003
and on or before December 31, 2013 but | ||||||
15 | applies to 100% of the
proceeds of sales made thereafter.
| ||||||
16 | With respect to food for human consumption that is to be | ||||||
17 | consumed off the
premises where it is sold (other than | ||||||
18 | alcoholic beverages, soft drinks, and
food that has been | ||||||
19 | prepared for immediate consumption) and prescription and
| ||||||
20 | nonprescription medicines, drugs, medical appliances, | ||||||
21 | modifications to a motor
vehicle for the purpose of rendering | ||||||
22 | it usable by a disabled person, and
insulin, urine testing | ||||||
23 | materials, syringes, and needles used by diabetics, for
human | ||||||
24 | use, the tax is imposed at the rate of 1%. For the purposes of | ||||||
25 | this
Section, the term "soft drinks" means any complete, | ||||||
26 | finished, ready-to-use,
non-alcoholic drink, whether |
| |||||||
| |||||||
1 | carbonated or not, including but not limited to
soda water, | ||||||
2 | cola, fruit juice, vegetable juice, carbonated water, and all | ||||||
3 | other
preparations commonly known as soft drinks of whatever | ||||||
4 | kind or description that
are contained in any closed or sealed | ||||||
5 | bottle, can, carton, or container,
regardless of size. "Soft | ||||||
6 | drinks" does not include coffee, tea, non-carbonated
water, | ||||||
7 | infant formula, milk or milk products as defined in the Grade A
| ||||||
8 | Pasteurized Milk and Milk Products Act, or drinks containing | ||||||
9 | 50% or more
natural fruit or vegetable juice.
| ||||||
10 | Notwithstanding any other provisions of this
Act, "food for | ||||||
11 | human consumption that is to be consumed off the premises where
| ||||||
12 | it is sold" includes all food sold through a vending machine, | ||||||
13 | except soft
drinks and food products that are dispensed hot | ||||||
14 | from a vending machine,
regardless of the location of the | ||||||
15 | vending machine.
| ||||||
16 | (Source: P.A. 93-17, eff. 6-11-03.)
| ||||||
17 | Section 7.5. The Motor Fuel Tax Law is amended by changing | ||||||
18 | Sections 2 and 8 and by adding Section 8b as follows:
| ||||||
19 | (35 ILCS 505/2) (from Ch. 120, par. 418)
| ||||||
20 | Sec. 2. A tax is imposed on the privilege of operating | ||||||
21 | motor vehicles
upon the public highways and recreational-type | ||||||
22 | watercraft upon the waters
of this State.
| ||||||
23 | (a) Prior to August 1, 1989, the tax is imposed at the rate | ||||||
24 | of 13 cents
per gallon on all motor fuel used in motor vehicles |
| |||||||
| |||||||
1 | operating on the public
highways and recreational type | ||||||
2 | watercraft operating upon the waters of this
State. Beginning | ||||||
3 | on August 1, 1989 and until January 1, 1990, the rate of the
| ||||||
4 | tax imposed in this paragraph shall be 16 cents per gallon. | ||||||
5 | Beginning January
1, 1990, the rate of tax imposed in this | ||||||
6 | paragraph shall be 19 cents per
gallon.
| ||||||
7 | (b) The tax on the privilege of operating motor vehicles | ||||||
8 | which use diesel
fuel shall be the rate according to paragraph | ||||||
9 | (a) plus an additional 2 1/2
cents per gallon. "Diesel fuel" is | ||||||
10 | defined as any product
intended
for use or offered for sale as | ||||||
11 | a fuel for engines in which the fuel is injected
into the | ||||||
12 | combustion chamber and ignited by pressure without electric | ||||||
13 | spark.
| ||||||
14 | (c) A tax is imposed upon the privilege of engaging in the | ||||||
15 | business of
selling motor fuel as a retailer or reseller on all | ||||||
16 | motor fuel used in motor
vehicles operating on the public | ||||||
17 | highways and recreational type watercraft
operating upon the | ||||||
18 | waters of this State: (1) at the rate of 3 cents per gallon
on | ||||||
19 | motor fuel owned or possessed by such retailer or reseller at | ||||||
20 | 12:01 a.m. on
August 1, 1989; and (2) at the rate of 3 cents per | ||||||
21 | gallon on motor fuel owned
or possessed by such retailer or | ||||||
22 | reseller at 12:01 A.M. on January 1, 1990.
| ||||||
23 | Retailers and resellers who are subject to this additional | ||||||
24 | tax shall be
required to inventory such motor fuel and pay this | ||||||
25 | additional tax in a
manner prescribed by the Department of | ||||||
26 | Revenue.
|
| |||||||
| |||||||
1 | The tax imposed in this paragraph (c) shall be in addition | ||||||
2 | to all other
taxes imposed by the State of Illinois or any unit | ||||||
3 | of local government in this
State.
| ||||||
4 | (d) Except as provided in Section 2a, the collection of a | ||||||
5 | tax based on
gallonage of gasoline used for the propulsion of | ||||||
6 | any aircraft is prohibited
on and after October 1, 1979.
| ||||||
7 | (e) The collection of a tax, based on gallonage of all | ||||||
8 | products commonly or
commercially known or sold as 1-K | ||||||
9 | kerosene, regardless of its classification
or uses, is | ||||||
10 | prohibited (i) on and after July 1, 1992 until December 31, | ||||||
11 | 1999,
except when the 1-K kerosene is either: (1) delivered | ||||||
12 | into bulk storage
facilities of a bulk user, or (2) delivered | ||||||
13 | directly into the fuel supply tanks
of motor vehicles and (ii) | ||||||
14 | on and after January 1, 2000. Beginning on January
1, 2000, the | ||||||
15 | collection of a tax, based on gallonage of all products | ||||||
16 | commonly
or commercially known or sold as 1-K kerosene, | ||||||
17 | regardless of its classification
or uses, is prohibited except | ||||||
18 | when the 1-K kerosene is delivered directly into
a storage tank | ||||||
19 | that is located at a facility that has withdrawal facilities
| ||||||
20 | that are readily accessible to and are capable of dispensing | ||||||
21 | 1-K kerosene into
the fuel supply tanks of motor vehicles.
| ||||||
22 | Any person who sells or uses 1-K kerosene for use in motor | ||||||
23 | vehicles upon
which the tax imposed by this Law has not been | ||||||
24 | paid shall be liable for any
tax due on the sales or use of 1-K | ||||||
25 | kerosene.
| ||||||
26 | (f) In addition to the taxes established in the foregoing |
| |||||||
| |||||||
1 | subsections, a tax is imposed on the privilege of operating | ||||||
2 | motor vehicles upon the public highways and operating | ||||||
3 | recreational type watercraft upon the waters of this State. For | ||||||
4 | the 2008 calendar year, the tax imposed by this paragraph is at | ||||||
5 | the rate of $0.08 cents per gallon on all motor fuel used in | ||||||
6 | motor vehicles operating on the public highways, recreational | ||||||
7 | type watercraft operating upon the waters, special fuel as | ||||||
8 | defined in Section 1.13, and diesel fuel sold in this State. | ||||||
9 | For each calendar year thereafter, the rate of tax is adjusted | ||||||
10 | over the tax rate of the previous calendar year by the annual | ||||||
11 | rate of increase or decrease, for the previous
calendar year, | ||||||
12 | of the Consumer Price Index for All Urban
Consumers for all | ||||||
13 | items, published by the United States
Bureau of Labor | ||||||
14 | Statistics. The purpose of this tax is to provide grants to | ||||||
15 | public entities in the State of Illinois for transportation | ||||||
16 | purposes as provided in Section 8b of this Act.
| ||||||
17 | (Source: P.A. 93-17, eff. 6-11-03.)
| ||||||
18 | (35 ILCS 505/8) (from Ch. 120, par. 424)
| ||||||
19 | Sec. 8. Except as provided in Section 8a, Section 8b, | ||||||
20 | subdivision
(h)(1) of Section 12a, Section 13a.6, and items
13, | ||||||
21 | 14, 15, and 16 of Section 15, all money received by the | ||||||
22 | Department under
this Act, including payments made to the | ||||||
23 | Department by
member jurisdictions participating in the | ||||||
24 | International Fuel Tax Agreement,
shall be deposited in a | ||||||
25 | special fund in the State treasury, to be known as the
"Motor |
| |||||||
| |||||||
1 | Fuel Tax Fund", and shall be used as follows:
| ||||||
2 | (a) 2 1/2 cents per gallon of the tax collected on special | ||||||
3 | fuel under
paragraph (b) of Section 2 and Section 13a of this | ||||||
4 | Act shall be transferred
to the State Construction Account Fund | ||||||
5 | in the State Treasury;
| ||||||
6 | (b) $420,000 shall be transferred each month to the State | ||||||
7 | Boating Act
Fund to be used by the Department of Natural | ||||||
8 | Resources for the purposes
specified in Article X of the Boat | ||||||
9 | Registration and Safety Act;
| ||||||
10 | (c) $2,250,000 shall be transferred each month to the Grade | ||||||
11 | Crossing
Protection Fund to be used as follows: not less than | ||||||
12 | $6,000,000 each fiscal
year shall be used for the construction | ||||||
13 | or reconstruction of rail highway grade
separation structures; | ||||||
14 | $2,250,000 in fiscal year 2004 and each fiscal
year
thereafter | ||||||
15 | shall be transferred to the Transportation
Regulatory Fund and | ||||||
16 | shall be accounted for as part of the rail carrier
portion of | ||||||
17 | such funds and shall be used to pay the cost of administration
| ||||||
18 | of the Illinois Commerce Commission's railroad safety program | ||||||
19 | in connection
with its duties under subsection (3) of Section | ||||||
20 | 18c-7401 of the Illinois
Vehicle Code, with the remainder to be | ||||||
21 | used by the Department of Transportation
upon order of the | ||||||
22 | Illinois Commerce Commission, to pay that part of the
cost | ||||||
23 | apportioned by such Commission to the State to cover the | ||||||
24 | interest
of the public in the use of highways, roads, streets, | ||||||
25 | or
pedestrian walkways in the
county highway system, township | ||||||
26 | and district road system, or municipal
street system as defined |
| |||||||
| |||||||
1 | in the Illinois Highway Code, as the same may
from time to time | ||||||
2 | be amended, for separation of grades, for installation,
| ||||||
3 | construction or reconstruction of crossing protection or | ||||||
4 | reconstruction,
alteration, relocation including construction | ||||||
5 | or improvement of any
existing highway necessary for access to | ||||||
6 | property or improvement of any
grade crossing including the | ||||||
7 | necessary highway approaches thereto of any
railroad across the | ||||||
8 | highway or public road, or for the installation,
construction, | ||||||
9 | reconstruction, or maintenance of a pedestrian walkway over or
| ||||||
10 | under a railroad right-of-way, as provided for in and in
| ||||||
11 | accordance with Section 18c-7401 of the Illinois Vehicle Code.
| ||||||
12 | The Commission shall not order more than $2,000,000 per year in | ||||||
13 | Grade
Crossing Protection Fund moneys for pedestrian walkways.
| ||||||
14 | In entering orders for projects for which payments from the | ||||||
15 | Grade Crossing
Protection Fund will be made, the Commission | ||||||
16 | shall account for expenditures
authorized by the orders on a | ||||||
17 | cash rather than an accrual basis. For purposes
of this | ||||||
18 | requirement an "accrual basis" assumes that the total cost of | ||||||
19 | the
project is expended in the fiscal year in which the order | ||||||
20 | is entered, while a
"cash basis" allocates the cost of the | ||||||
21 | project among fiscal years as
expenditures are actually made. | ||||||
22 | To meet the requirements of this subsection,
the Illinois | ||||||
23 | Commerce Commission shall develop annual and 5-year project | ||||||
24 | plans
of rail crossing capital improvements that will be paid | ||||||
25 | for with moneys from
the Grade Crossing Protection Fund. The | ||||||
26 | annual project plan shall identify
projects for the succeeding |
| |||||||
| |||||||
1 | fiscal year and the 5-year project plan shall
identify projects | ||||||
2 | for the 5 directly succeeding fiscal years. The Commission
| ||||||
3 | shall submit the annual and 5-year project plans for this Fund | ||||||
4 | to the Governor,
the President of the Senate, the Senate | ||||||
5 | Minority Leader, the Speaker of the
House of Representatives, | ||||||
6 | and the Minority Leader of the House of
Representatives on
the | ||||||
7 | first Wednesday in April of each year;
| ||||||
8 | (d) of the amount remaining after allocations provided for | ||||||
9 | in
subsections (a), (b) and (c), a sufficient amount shall be | ||||||
10 | reserved to
pay all of the following:
| ||||||
11 | (1) the costs of the Department of Revenue in | ||||||
12 | administering this
Act;
| ||||||
13 | (2) the costs of the Department of Transportation in | ||||||
14 | performing its
duties imposed by the Illinois Highway Code | ||||||
15 | for supervising the use of motor
fuel tax funds apportioned | ||||||
16 | to municipalities, counties and road districts;
| ||||||
17 | (3) refunds provided for in Section 13 of this Act and | ||||||
18 | under the terms
of the International Fuel Tax Agreement | ||||||
19 | referenced in Section 14a;
| ||||||
20 | (4) from October 1, 1985 until June 30, 1994, the | ||||||
21 | administration of the
Vehicle Emissions Inspection Law, | ||||||
22 | which amount shall be certified monthly by
the | ||||||
23 | Environmental Protection Agency to the State Comptroller | ||||||
24 | and shall promptly
be transferred by the State Comptroller | ||||||
25 | and Treasurer from the Motor Fuel Tax
Fund to the Vehicle | ||||||
26 | Inspection Fund, and for the period July 1, 1994 through
|
| |||||||
| |||||||
1 | June 30, 2000, one-twelfth of $25,000,000 each month, for | ||||||
2 | the period July 1, 2000 through June 30, 2003,
one-twelfth | ||||||
3 | of
$30,000,000
each month,
and $15,000,000 on July 1, 2003, | ||||||
4 | and $15,000,000 on January 1, 2004, and $15,000,000
on
each
| ||||||
5 | July
1 and October 1, or as soon thereafter as may be | ||||||
6 | practical, during the period July 1, 2004 through June 30, | ||||||
7 | 2008,
for the administration of the Vehicle Emissions | ||||||
8 | Inspection Law of
1995, to be transferred by the State | ||||||
9 | Comptroller and Treasurer from the Motor
Fuel Tax Fund into | ||||||
10 | the Vehicle Inspection Fund;
| ||||||
11 | (5) amounts ordered paid by the Court of Claims; and
| ||||||
12 | (6) payment of motor fuel use taxes due to member | ||||||
13 | jurisdictions under
the terms of the International Fuel Tax | ||||||
14 | Agreement. The Department shall
certify these amounts to | ||||||
15 | the Comptroller by the 15th day of each month; the
| ||||||
16 | Comptroller shall cause orders to be drawn for such | ||||||
17 | amounts, and the Treasurer
shall administer those amounts | ||||||
18 | on or before the last day of each month;
| ||||||
19 | (e) after allocations for the purposes set forth in | ||||||
20 | subsections
(a), (b), (c) and (d), the remaining amount shall | ||||||
21 | be apportioned as follows:
| ||||||
22 | (1) Until January 1, 2000, 58.4%, and beginning January | ||||||
23 | 1, 2000, 45.6%
shall be deposited as follows:
| ||||||
24 | (A) 37% into the State Construction Account Fund, | ||||||
25 | and
| ||||||
26 | (B) 63% into the Road Fund, $1,250,000 of which |
| |||||||
| |||||||
1 | shall be reserved each
month for the Department of | ||||||
2 | Transportation to be used in accordance with
the | ||||||
3 | provisions of Sections 6-901 through 6-906 of the | ||||||
4 | Illinois Highway Code;
| ||||||
5 | (2) Until January 1, 2000, 41.6%, and beginning January | ||||||
6 | 1, 2000, 54.4%
shall be transferred to the Department of | ||||||
7 | Transportation to be
distributed as follows:
| ||||||
8 | (A) 49.10% to the municipalities of the State,
| ||||||
9 | (B) 16.74% to the counties of the State having | ||||||
10 | 1,000,000 or more inhabitants,
| ||||||
11 | (C) 18.27% to the counties of the State having less | ||||||
12 | than 1,000,000 inhabitants,
| ||||||
13 | (D) 15.89% to the road districts of the State.
| ||||||
14 | As soon as may be after the first day of each month the | ||||||
15 | Department of
Transportation shall allot to each municipality | ||||||
16 | its share of the amount
apportioned to the several | ||||||
17 | municipalities which shall be in proportion
to the population | ||||||
18 | of such municipalities as determined by the last
preceding | ||||||
19 | municipal census if conducted by the Federal Government or
| ||||||
20 | Federal census. If territory is annexed to any municipality | ||||||
21 | subsequent
to the time of the last preceding census the | ||||||
22 | corporate authorities of
such municipality may cause a census | ||||||
23 | to be taken of such annexed
territory and the population so | ||||||
24 | ascertained for such territory shall be
added to the population | ||||||
25 | of the municipality as determined by the last
preceding census | ||||||
26 | for the purpose of determining the allotment for that
|
| |||||||
| |||||||
1 | municipality. If the population of any municipality was not | ||||||
2 | determined
by the last Federal census preceding any | ||||||
3 | apportionment, the
apportionment to such municipality shall be | ||||||
4 | in accordance with any
census taken by such municipality. Any | ||||||
5 | municipal census used in
accordance with this Section shall be | ||||||
6 | certified to the Department of
Transportation by the clerk of | ||||||
7 | such municipality, and the accuracy
thereof shall be subject to | ||||||
8 | approval of the Department which may make
such corrections as | ||||||
9 | it ascertains to be necessary.
| ||||||
10 | As soon as may be after the first day of each month the | ||||||
11 | Department of
Transportation shall allot to each county its | ||||||
12 | share of the amount
apportioned to the several counties of the | ||||||
13 | State as herein provided.
Each allotment to the several | ||||||
14 | counties having less than 1,000,000
inhabitants shall be in | ||||||
15 | proportion to the amount of motor vehicle
license fees received | ||||||
16 | from the residents of such counties, respectively,
during the | ||||||
17 | preceding calendar year. The Secretary of State shall, on or
| ||||||
18 | before April 15 of each year, transmit to the Department of
| ||||||
19 | Transportation a full and complete report showing the amount of | ||||||
20 | motor
vehicle license fees received from the residents of each | ||||||
21 | county,
respectively, during the preceding calendar year. The | ||||||
22 | Department of
Transportation shall, each month, use for | ||||||
23 | allotment purposes the last
such report received from the | ||||||
24 | Secretary of State.
| ||||||
25 | As soon as may be after the first day of each month, the | ||||||
26 | Department
of Transportation shall allot to the several |
| |||||||
| |||||||
1 | counties their share of the
amount apportioned for the use of | ||||||
2 | road districts. The allotment shall
be apportioned among the | ||||||
3 | several counties in the State in the proportion
which the total | ||||||
4 | mileage of township or district roads in the respective
| ||||||
5 | counties bears to the total mileage of all township and | ||||||
6 | district roads
in the State. Funds allotted to the respective | ||||||
7 | counties for the use of
road districts therein shall be | ||||||
8 | allocated to the several road districts
in the county in the | ||||||
9 | proportion which the total mileage of such township
or district | ||||||
10 | roads in the respective road districts bears to the total
| ||||||
11 | mileage of all such township or district roads in the county. | ||||||
12 | After
July 1 of any year, no allocation shall be made for any | ||||||
13 | road district
unless it levied a tax for road and bridge | ||||||
14 | purposes in an amount which
will require the extension of such | ||||||
15 | tax against the taxable property in
any such road district at a | ||||||
16 | rate of not less than either .08% of the value
thereof, based | ||||||
17 | upon the assessment for the year immediately prior to the year
| ||||||
18 | in which such tax was levied and as equalized by the Department | ||||||
19 | of Revenue
or, in DuPage County, an amount equal to or greater | ||||||
20 | than $12,000 per mile of
road under the jurisdiction of the | ||||||
21 | road district, whichever is less. If any
road district has | ||||||
22 | levied a special tax for road purposes
pursuant to Sections | ||||||
23 | 6-601, 6-602 and 6-603 of the Illinois Highway Code, and
such | ||||||
24 | tax was levied in an amount which would require extension at a
| ||||||
25 | rate of not less than .08% of the value of the taxable property | ||||||
26 | thereof,
as equalized or assessed by the Department of Revenue,
|
| |||||||
| |||||||
1 | or, in DuPage County, an amount equal to or greater than | ||||||
2 | $12,000 per mile of
road under the jurisdiction of the road | ||||||
3 | district, whichever is less,
such levy shall, however, be | ||||||
4 | deemed a proper compliance with this
Section and shall qualify | ||||||
5 | such road district for an allotment under this
Section. If a | ||||||
6 | township has transferred to the road and bridge fund
money | ||||||
7 | which, when added to the amount of any tax levy of the road
| ||||||
8 | district would be the equivalent of a tax levy requiring | ||||||
9 | extension at a
rate of at least .08%, or, in DuPage County, an | ||||||
10 | amount equal to or greater
than $12,000 per mile of road under | ||||||
11 | the jurisdiction of the road district,
whichever is less, such | ||||||
12 | transfer, together with any such tax levy,
shall be deemed a | ||||||
13 | proper compliance with this Section and shall qualify
the road | ||||||
14 | district for an allotment under this Section.
| ||||||
15 | In counties in which a property tax extension limitation is | ||||||
16 | imposed
under the Property Tax Extension Limitation Law, road | ||||||
17 | districts may retain
their entitlement to a motor fuel tax | ||||||
18 | allotment if, at the time the property
tax
extension limitation | ||||||
19 | was imposed, the road district was levying a road and
bridge | ||||||
20 | tax at a rate sufficient to entitle it to a motor fuel tax | ||||||
21 | allotment
and continues to levy the maximum allowable amount | ||||||
22 | after the imposition of the
property tax extension limitation. | ||||||
23 | Any road district may in all circumstances
retain its | ||||||
24 | entitlement to a motor fuel tax allotment if it levied a road | ||||||
25 | and
bridge tax in an amount that will require the extension of | ||||||
26 | the tax against the
taxable property in the road district at a |
| |||||||
| |||||||
1 | rate of not less than 0.08% of the
assessed value of the | ||||||
2 | property, based upon the assessment for the year
immediately | ||||||
3 | preceding the year in which the tax was levied and as equalized | ||||||
4 | by
the Department of Revenue or, in DuPage County, an amount | ||||||
5 | equal to or greater
than $12,000 per mile of road under the | ||||||
6 | jurisdiction of the road district,
whichever is less.
| ||||||
7 | As used in this Section the term "road district" means any | ||||||
8 | road
district, including a county unit road district, provided | ||||||
9 | for by the
Illinois Highway Code; and the term "township or | ||||||
10 | district road"
means any road in the township and district road | ||||||
11 | system as defined in the
Illinois Highway Code. For the | ||||||
12 | purposes of this Section, "road
district" also includes park | ||||||
13 | districts, forest preserve districts and
conservation | ||||||
14 | districts organized under Illinois law and "township or
| ||||||
15 | district road" also includes such roads as are maintained by | ||||||
16 | park
districts, forest preserve districts and conservation | ||||||
17 | districts. The
Department of Transportation shall determine | ||||||
18 | the mileage of all township
and district roads for the purposes | ||||||
19 | of making allotments and allocations of
motor fuel tax funds | ||||||
20 | for use in road districts.
| ||||||
21 | Payment of motor fuel tax moneys to municipalities and | ||||||
22 | counties shall
be made as soon as possible after the allotment | ||||||
23 | is made. The treasurer
of the municipality or county may invest | ||||||
24 | these funds until their use is
required and the interest earned | ||||||
25 | by these investments shall be limited
to the same uses as the | ||||||
26 | principal funds.
|
| |||||||
| |||||||
1 | (Source: P.A. 93-32, eff. 6-20-03; 93-839, eff. 7-30-04; | ||||||
2 | 94-839, eff. 6-6-06.)
| ||||||
3 | (35 ILCS 505/8b new)
| ||||||
4 | Sec. 8b. Distribution of proceeds into the Metropolitan | ||||||
5 | Transit and Road Improvement Fund.
| ||||||
6 | (a) All money received by the Department under paragraph | ||||||
7 | (f) of Section 2 of this Act shall be deposited into a special | ||||||
8 | fund in the State treasury, to be known as the Metropolitan | ||||||
9 | Transit and Road Improvement Fund and must be apportioned and | ||||||
10 | disbursed as follows:
| ||||||
11 | (1) All of the proceeds collected from within the | ||||||
12 | counties of Cook, Lake, DuPage, Kane, McHenry, and Will | ||||||
13 | shall be distributed to the Regional Transportation | ||||||
14 | Authority and must be used to make grants to the service | ||||||
15 | boards for mass transit-related purposes. | ||||||
16 | (2)
All of the proceeds collected from outside the | ||||||
17 | counties of Cook, Lake, DuPage, Kane, McHenry, and Will | ||||||
18 | shall be distributed to the Illinois Department of | ||||||
19 | Transportation and must be used for the following | ||||||
20 | transportation-related purposes in counties other than | ||||||
21 | Cook, Lake, DuPage, Kane, McHenry, and Will: (i) the Road | ||||||
22 | Fund; (ii) the Downstate Transit Improvement Fund; and | ||||||
23 | (iii) payments made by the Department of Transportation to | ||||||
24 | Amtrak for passenger-train service in Illinois. | ||||||
25 | (c) The disbursement of any moneys under this Section may |
| |||||||
| |||||||
1 | not reduce any amount to be appropriated to a municipality, | ||||||
2 | township, or county, under any statutory local highway program | ||||||
3 | or discretionary local highway program. | ||||||
4 | Section 8. The Illinois Pension Code is amended by changing | ||||||
5 | Section 22-101 and by adding Section 22-101B as follows:
| ||||||
6 | (40 ILCS 5/22-101) (from Ch. 108 1/2, par. 22-101)
| ||||||
7 | Sec. 22-101. Retirement Plan for Chicago Transit Authority | ||||||
8 | Employees.
Metropolitan Transit Authority (CTA) Pension Fund.
| ||||||
9 | (a) There shall be established and maintained by the | ||||||
10 | Authority created by
the "Metropolitan Transit Authority Act", | ||||||
11 | approved April 12, 1945, as
amended, (referred to in this | ||||||
12 | Section as the "Authority") a financially sound pension and | ||||||
13 | retirement system adequate to
provide for all payments when due | ||||||
14 | under such established system or as
modified from time to time | ||||||
15 | by ordinance of the Chicago Transit Board or collective | ||||||
16 | bargaining agreement . For
this purpose, the Board must make | ||||||
17 | contributions to the established system as required under this | ||||||
18 | Section and may make any additional contributions provided for | ||||||
19 | by Board ordinance or collective bargaining agreement. The | ||||||
20 | participating employees shall make
such periodic payments to | ||||||
21 | the established system as required under this Section and may | ||||||
22 | make any additional contributions provided for
may be | ||||||
23 | determined by
Board ordinance or collective bargaining | ||||||
24 | agreement. The Board, in lieu of social security payments |
| |||||||
| |||||||
1 | required to
be paid by private corporations engaged in similar | ||||||
2 | activity, shall make
payments into such established system at | ||||||
3 | least equal in amount to the
amount so required to be paid by | ||||||
4 | such private corporations. | ||||||
5 | Provisions
shall be made by the Board for all Board | ||||||
6 | members, officers and employees of
the Authority appointed | ||||||
7 | pursuant to the "Metropolitan Transit Authority
Act" to become, | ||||||
8 | subject to reasonable rules and regulations, participants
| ||||||
9 | members or
beneficiaries of the pension or retirement system | ||||||
10 | with uniform rights,
privileges, obligations and status as to | ||||||
11 | the class in which such officers
and employees belong. The | ||||||
12 | terms, conditions and provisions of any pension
or retirement | ||||||
13 | system or of any amendment or modification thereof affecting
| ||||||
14 | employees who are members of any labor organization may be | ||||||
15 | established,
amended or modified by agreement with such labor | ||||||
16 | organization, provided the terms, conditions and provisions | ||||||
17 | must be consistent with this Act, the annual funding levels for | ||||||
18 | the retirement system established by law must be met and the | ||||||
19 | benefits paid to future participants in the system may not | ||||||
20 | exceed the benefit ceilings set for future participants under | ||||||
21 | this Act and the contribution levels required by the Authority | ||||||
22 | and its employees may not be less than the contribution levels | ||||||
23 | established under this Act
but must be consistent with the | ||||||
24 | requirements of this Section .
| ||||||
25 | (b) The Board of Trustees shall consist of 11 members | ||||||
26 | appointed as follows: (i) 5 trustees shall be appointed by the |
| |||||||
| |||||||
1 | Chicago Transit Board; (ii) 3 trustees shall be appointed by an | ||||||
2 | organization representing the highest number of Chicago | ||||||
3 | Transit Authority participants; (iii) one trustee shall be | ||||||
4 | appointed by an organization representing the second-highest | ||||||
5 | number of Chicago Transit Authority participants; (iv) one | ||||||
6 | trustee shall be appointed by the recognized coalition | ||||||
7 | representatives of participants who are not represented by an | ||||||
8 | organization with the highest or second-highest number of | ||||||
9 | Chicago Transit Authority participants; and (v) one trustee | ||||||
10 | shall be selected by the Regional Transportation Authority | ||||||
11 | Board of Directors, and the trustee shall be a professional | ||||||
12 | fiduciary who has experience in the area of collectively | ||||||
13 | bargained pension plans. Trustees shall serve until a successor | ||||||
14 | has been appointed and qualified, or until resignation, death, | ||||||
15 | incapacity, or disqualification. | ||||||
16 | Any person appointed as a trustee of the board shall | ||||||
17 | qualify by taking an oath of office that he or she will | ||||||
18 | diligently and honestly administer the affairs of the system | ||||||
19 | and will not knowingly violate or willfully permit the | ||||||
20 | violation of any of the provisions of law applicable to the | ||||||
21 | Plan, including Sections 1-109, 1-109.1, 1-109.2, 1-110, | ||||||
22 | 1-111, 1-114, and 1-115 of the Illinois Pension Code. | ||||||
23 | Each trustee shall cast individual votes, and a majority | ||||||
24 | vote shall be final and binding upon all interested parties, | ||||||
25 | provided that the Board of Trustees may require a supermajority | ||||||
26 | vote with respect to the investment of the assets of the |
| |||||||
| |||||||
1 | Retirement Plan, and may set forth that requirement in the | ||||||
2 | Retirement Plan documents, by-laws, or rules of the Board of | ||||||
3 | Trustees. Each trustee shall have the rights, privileges, | ||||||
4 | authority, and obligations as are usual and customary for such | ||||||
5 | fiduciaries. | ||||||
6 | The Board of Trustees may cause amounts on deposit in the | ||||||
7 | Retirement Plan to be invested in those investments that are | ||||||
8 | permitted investments for the investment of moneys held under | ||||||
9 | any one or more of the pension or retirement systems of the | ||||||
10 | State, any unit of local government or school district, or any | ||||||
11 | agency or instrumentality thereof. The Board, by a vote of at | ||||||
12 | least two-thirds of the trustees, may transfer investment | ||||||
13 | management to the Illinois State Board of Investment, which is | ||||||
14 | hereby authorized to manage these investments when so requested | ||||||
15 | by the Board of Trustees.
| ||||||
16 | (c) All individuals who were previously participants in the | ||||||
17 | Retirement Plan for Chicago Transit Authority Employees shall | ||||||
18 | remain participants, and shall receive the same benefits | ||||||
19 | established by the Retirement Plan for Chicago Transit | ||||||
20 | Authority Employees, except as provided in this amendatory Act | ||||||
21 | or by subsequent legislative enactment or amendment to the | ||||||
22 | Retirement Plan. For Authority employees hired on or after | ||||||
23 | January 1, 2008, the Retirement Plan for Chicago Transit | ||||||
24 | Authority Employees shall be the exclusive retirement plan and | ||||||
25 | such employees shall not be eligible for any supplemental plan, | ||||||
26 | except for a deferred compensation plan funded only by employee |
| |||||||
| |||||||
1 | contributions. | ||||||
2 | For all Authority employees who are first hired on or after | ||||||
3 | January 1, 2008 and are participants in the Retirement Plan for | ||||||
4 | Chicago Transit Authority Employees, the following terms, | ||||||
5 | conditions and provisions with respect to retirement shall be | ||||||
6 | applicable: | ||||||
7 | (1) Such participant shall be eligible for an unreduced | ||||||
8 | retirement allowance for life upon the attainment of age 64 | ||||||
9 | with 25 years of continuous service. | ||||||
10 | (2) Such participant shall be eligible for a reduced | ||||||
11 | retirement allowance for life upon the attainment of age 55 | ||||||
12 | with 10 years of continuous service. | ||||||
13 | (3) For the purpose of determining the retirement | ||||||
14 | allowance to be paid to a retiring employee, the term | ||||||
15 | "Continuous Service" as used in the Retirement Plan for | ||||||
16 | Chicago Transit Authority Employees shall also be deemed to | ||||||
17 | include all pension credit for service with any retirement | ||||||
18 | system established under Article 8 or Article 11 of this | ||||||
19 | Code, provided that the employee forfeits and relinquishes | ||||||
20 | all pension credit under Article 8 or Article 11 of this | ||||||
21 | Code, and the contribution required under this subsection | ||||||
22 | is made by the employee. The Retirement Plan's actuary | ||||||
23 | shall determine the contribution paid by the employee as an | ||||||
24 | amount equal to the normal cost of the benefit accrued, had | ||||||
25 | the service been rendered as an employee, plus interest per | ||||||
26 | annum from the time such service was rendered until the |
| |||||||
| |||||||
1 | date the payment is made. | ||||||
2 | (d) From the effective date of this amendatory Act through | ||||||
3 | December 31, 2008, all participating employees shall | ||||||
4 | contribute to the Retirement Plan in an amount not less than 6% | ||||||
5 | of compensation, and the Authority shall contribute to the | ||||||
6 | Retirement Plan in an amount not less than 12% of compensation.
| ||||||
7 | (e)(1) Beginning January 1, 2009 the Authority shall make | ||||||
8 | contributions to the Retirement Plan in an amount equal to | ||||||
9 | twelve percent (12%) of compensation and participating | ||||||
10 | employees shall make contributions to the Retirement Plan in an | ||||||
11 | amount equal to six percent (6%) of compensation. These | ||||||
12 | contributions may be paid by the Authority and participating | ||||||
13 | employees on a payroll or other periodic basis, but shall in | ||||||
14 | any case be paid to the Retirement Plan at least monthly.
| ||||||
15 | (2) For the period ending December 31, 2039, the amount | ||||||
16 | paid by the Authority in any year with respect to debt service | ||||||
17 | on bonds issued for the purposes of funding a contribution to | ||||||
18 | the Retirement Plan under Section 12c of the Metropolitan | ||||||
19 | Transit Authority Act, other than debt service paid with the | ||||||
20 | proceeds of bonds or notes issued by the Authority for any year | ||||||
21 | after calendar year 2008, shall be treated as a credit against | ||||||
22 | the amount of required contribution to the Retirement Plan by | ||||||
23 | the Authority under subsection (e)(1) for the following year up | ||||||
24 | to an amount not to exceed 6% of compensation paid by the | ||||||
25 | Authority in that following year.
| ||||||
26 | (3) By September 15 of each year beginning in 2009 and |
| |||||||
| |||||||
1 | ending on December 31, 2038, on the basis of a report prepared | ||||||
2 | by an enrolled actuary retained by the Plan, the Board of | ||||||
3 | Trustees of the Retirement Plan shall determine the estimated | ||||||
4 | funded ratio of the total assets of the Retirement Plan to its | ||||||
5 | total actuarially determined liabilities. A report containing | ||||||
6 | that determination and the actuarial assumptions on which it is | ||||||
7 | based shall be filed with the Authority, the representatives of | ||||||
8 | its participating employees, the Auditor General of the State | ||||||
9 | of Illinois, and the Regional Transportation Authority. If the | ||||||
10 | funded ratio is projected to decline below 60% in any year | ||||||
11 | before 2039, the Board of Trustees shall also determine the | ||||||
12 | increased contribution required each year as a level percentage | ||||||
13 | of payroll over the years remaining until 2039 using the | ||||||
14 | projected unit credit actuarial cost method so the funded ratio | ||||||
15 | does not decline below 60% and include that determination in | ||||||
16 | its report. If the actual funded ratio declines below 60% in | ||||||
17 | any year prior to 2039, the Board of Trustees shall also | ||||||
18 | determine the increased contribution required each year as a | ||||||
19 | level percentage of payroll during the years after the then | ||||||
20 | current year using the projected unit credit actuarial cost | ||||||
21 | method so the funded ratio is projected to reach at least 60% | ||||||
22 | no later than 10 years after the then current year and include | ||||||
23 | that determination in its report. Within 60 days after | ||||||
24 | receiving the report, the Auditor General shall review the | ||||||
25 | determination and the assumptions on which it is based, and if | ||||||
26 | he finds that the determination and the assumptions on which it |
| |||||||
| |||||||
1 | is based are unreasonable in the aggregate, he shall issue a | ||||||
2 | new determination of the funded ratio, the assumptions on which | ||||||
3 | it is based and the increased contribution required each year | ||||||
4 | as a level percentage of payroll over the years remaining until | ||||||
5 | 2039 using the projected unit credit actuarial cost method so | ||||||
6 | the funded ratio does not decline below 60%, or, in the event | ||||||
7 | of an actual decline below 60%, so the funded ratio is | ||||||
8 | projected to reach 60% by no later than 10 years after the then | ||||||
9 | current year. If the Board of Trustees or the Auditor General | ||||||
10 | determine that an increased contribution is required to meet | ||||||
11 | the funded ratio required by the subsection, effective January | ||||||
12 | 1 following the determination or 30 days after such | ||||||
13 | determination, whichever is later, one-third of the increased | ||||||
14 | contribution shall be paid by participating employees and | ||||||
15 | two-thirds by the Authority, in addition to the contributions | ||||||
16 | required by this subsection (1).
| ||||||
17 | (4) For the period beginning 2039, the minimum contribution | ||||||
18 | to the Retirement Plan for each fiscal year shall be an amount | ||||||
19 | determined by the Board of Trustees of the Retirement Plan to | ||||||
20 | be sufficient to bring the total assets of the Retirement Plan | ||||||
21 | up to 90% of its total actuarial liabilities by the end of | ||||||
22 | 2058. Participating employees shall be responsible for | ||||||
23 | one-third of the required contribution and the Authority shall | ||||||
24 | be responsible for two-thirds of the required contribution. In | ||||||
25 | making these determinations, the Board of Trustees shall | ||||||
26 | calculate the required contribution each year as a level |
| |||||||
| |||||||
1 | percentage of payroll over the years remaining to and including | ||||||
2 | fiscal year 2058 using the projected unit credit actuarial cost | ||||||
3 | method. A report containing that determination and the | ||||||
4 | actuarial assumptions on which it is based shall be filed by | ||||||
5 | September 15 of each year with the Authority, the | ||||||
6 | representatives of its participating employees, the Auditor | ||||||
7 | General of the State of Illinois and the Regional | ||||||
8 | Transportation Authority. If the funded ratio is projected to | ||||||
9 | fail to reach 90% by December 31, 2058, the Board of Trustees | ||||||
10 | shall also determine the increased contribution required each | ||||||
11 | year as a level percentage of payroll over the years remaining | ||||||
12 | until December 31, 2058 using the projected unit credit | ||||||
13 | actuarial cost method so the funded ratio will meet 90% by | ||||||
14 | December 31, 2058 and include that determination in its report. | ||||||
15 | Within 60 days after receiving the report, the Auditor General | ||||||
16 | shall review the determination and the assumptions on which it | ||||||
17 | is based and if he finds that the determination and the | ||||||
18 | assumptions on which it is based are unreasonable in the | ||||||
19 | aggregate, he shall issue a new determination of the funded | ||||||
20 | ratio, the assumptions on which it is based and the increased | ||||||
21 | contribution required each year as a level percentage of | ||||||
22 | payroll over the years remaining until December 31, 2058 using | ||||||
23 | the projected unit credit actuarial cost method so the funded | ||||||
24 | ratio reaches no less than 90% by December 31, 2058. If the | ||||||
25 | Board of Trustees or the Auditor General determine that an | ||||||
26 | increased contribution is required to meet the funded ratio |
| |||||||
| |||||||
1 | required by this subsection, effective January 1 following the | ||||||
2 | determination or 30 days after such determination, whichever is | ||||||
3 | later, one-third of the increased contribution shall be paid by | ||||||
4 | participating employees and two-thirds by the Authority, in | ||||||
5 | addition to the contributions required by subsection (e)(1).
| ||||||
6 | (5) Beginning in 2059, the minimum contribution for each | ||||||
7 | year shall be the amount needed to maintain the total assets of | ||||||
8 | the Retirement Plan at 90% of the total actuarial liabilities | ||||||
9 | of the Plan, and the contribution shall be funded two-thirds by | ||||||
10 | the Authority and one-third by the participating employees in | ||||||
11 | accordance with this subsection.
| ||||||
12 | (f) The Authority shall take the steps necessary to comply | ||||||
13 | with Section 414(h)(2) of the Internal Revenue Code of 1986, as | ||||||
14 | amended, to permit the pick-up of employee contributions under | ||||||
15 | subsections (d) and (e) on a tax-deferred basis.
| ||||||
16 | (g) The Board of Trustees shall certify to the Governor, | ||||||
17 | the General Assembly, the Auditor General, the Board of the | ||||||
18 | Regional Transportation Authority, and the Authority at least | ||||||
19 | 90 days prior to the end of each fiscal year the amount of the | ||||||
20 | required contributions to the retirement system for the next | ||||||
21 | retirement system fiscal year under this Section. The | ||||||
22 | certification shall include a copy of the actuarial | ||||||
23 | recommendations upon which it is based. In addition, copies of | ||||||
24 | the certification shall be sent to the Commission on Government | ||||||
25 | Forecasting and Accountability and the Mayor of Chicago.
| ||||||
26 | (h)(1) As to an employee who first becomes entitled to a |
| |||||||
| |||||||
1 | retirement
allowance commencing on or after November 30, 1989, | ||||||
2 | the
retirement allowance shall be the amount determined in
| ||||||
3 | accordance with the following formula: | ||||||
4 | (A) One percent (1%) of his "Average Annual | ||||||
5 | Compensation
in the highest four (4) completed Plan Years" | ||||||
6 | for each
full year of continuous service from the date of | ||||||
7 | original
employment to the effective date of the Plan; plus | ||||||
8 | (B) One and seventy-five hundredths percent (1.75%) of | ||||||
9 | his
"Average Annual Compensation in the highest four (4)
| ||||||
10 | completed Plan Years" for each year (including fractions
| ||||||
11 | thereof to completed calendar months) of continuous
| ||||||
12 | service as provided for in the Retirement Plan for Chicago | ||||||
13 | Transit Authority Employees. | ||||||
14 | Provided, however that: | ||||||
15 | (2) As to an employee who first becomes entitled to a | ||||||
16 | retirement
allowance commencing on or after January 1, 1993, | ||||||
17 | the retirement
allowance shall be the amount determined in | ||||||
18 | accordance with the
following formula: | ||||||
19 | (A) One percent (1%) of his "Average Annual | ||||||
20 | Compensation
in the highest four (4) completed Plan Years" | ||||||
21 | for each
full year of continuous service from the date of | ||||||
22 | original
employment to the effective date of the Plan; plus | ||||||
23 | (B) One and eighty hundredths percent (1.80%) of his
| ||||||
24 | "Average Annual Compensation in the highest four (4)
| ||||||
25 | completed Plan Years" for each year (including fractions
| ||||||
26 | thereof to completed calendar months) of continuous
|
| |||||||
| |||||||
1 | service as provided for in the Retirement Plan for Chicago | ||||||
2 | Transit Authority Employees. | ||||||
3 | Provided, however that: | ||||||
4 | (3) As to an employee who first becomes entitled to a | ||||||
5 | retirement
allowance commencing on or after January 1, 1994, | ||||||
6 | the retirement
allowance shall be the amount determined in | ||||||
7 | accordance with the
following formula: | ||||||
8 | (A) One percent (1%) of his "Average Annual | ||||||
9 | Compensation
in the highest four (4) completed Plan Years" | ||||||
10 | for each
full year of continuous service from the date of | ||||||
11 | original
employment to the effective date of the Plan; plus | ||||||
12 | (B) One and eighty-five hundredths percent (1.85%) of | ||||||
13 | his
"Average Annual Compensation in the highest four (4)
| ||||||
14 | completed Plan Years" for each year (including fractions
| ||||||
15 | thereof to completed calendar months) of continuous
| ||||||
16 | service as provided for in the Retirement Plan for Chicago | ||||||
17 | Transit Authority Employees. | ||||||
18 | Provided, however that: | ||||||
19 | (4) As to an employee who first becomes entitled to a | ||||||
20 | retirement
allowance commencing on or after January 1, 2000, | ||||||
21 | the retirement
allowance shall be the amount determined in | ||||||
22 | accordance with the
following formula: | ||||||
23 | (A) One percent (1%) of his "Average Annual | ||||||
24 | Compensation
in the highest four (4) completed Plan Years" | ||||||
25 | for each
full year of continuous service from the date of | ||||||
26 | original
employment to the effective date of the Plan; plus |
| |||||||
| |||||||
1 | (B) Two percent (2%) of his "Average Annual
| ||||||
2 | Compensation in the highest four (4) completed Plan
Years" | ||||||
3 | for each year (including fractions thereof to
completed | ||||||
4 | calendar months) of continuous service as provided for in | ||||||
5 | the Retirement Plan for Chicago Transit Authority | ||||||
6 | Employees. | ||||||
7 | Provided, however that: | ||||||
8 | (5) As to an employee who first becomes entitled to a | ||||||
9 | retirement
allowance commencing on or after January 1, 2001, | ||||||
10 | the
retirement allowance shall be the amount determined in
| ||||||
11 | accordance with the following formula: | ||||||
12 | (A) One percent (1%) of his "Average Annual | ||||||
13 | Compensation
in the highest four (4) completed Plan Years" | ||||||
14 | for each
full year of continuous service from the date of | ||||||
15 | original
employment to the effective date of the Plan; plus | ||||||
16 | (B) Two and fifteen hundredths percent (2.15%) of his
| ||||||
17 | "Average Annual Compensation in the highest four (4)
| ||||||
18 | completed Plan Years" for each year (including fractions
| ||||||
19 | thereof to completed calendar months) of continuous
| ||||||
20 | service as provided for in the Retirement Plan for Chicago | ||||||
21 | Transit Authority Employees. | ||||||
22 | The changes made by this amendatory Act of the 95th General | ||||||
23 | Assembly, to the extent that they affect the rights or | ||||||
24 | privileges of Authority employees that are currently the | ||||||
25 | subject of collective bargaining, have been agreed to between | ||||||
26 | the authorized representatives of these employees and of the |
| |||||||
| |||||||
1 | Authority prior to enactment of this amendatory Act, as | ||||||
2 | evidenced by a Memorandum of Understanding between these | ||||||
3 | representatives that will be filed with the Secretary of State | ||||||
4 | Index Department and designated as "95-GA-C05". The General | ||||||
5 | Assembly finds and declares that those changes are consistent | ||||||
6 | with 49 U.S.C. 5333(b) (also known as Section 13(c) of the | ||||||
7 | Federal Transit Act) because of this agreement between | ||||||
8 | authorized representatives of these employees and of the | ||||||
9 | Authority, and that any future amendments to the provisions of | ||||||
10 | this amendatory Act of the 95th General Assembly, to the extent | ||||||
11 | those amendments would affect the rights and privileges of | ||||||
12 | Authority employees that are currently the subject of | ||||||
13 | collective bargaining, would be consistent with 49 U.S.C. | ||||||
14 | 5333(b) if and only if those amendments were agreed to between | ||||||
15 | these authorized representatives prior to enactment. | ||||||
16 | (i) Early retirement incentive plan; funded ratio.
| ||||||
17 | (1) Beginning on the effective date of this Section, no | ||||||
18 | early retirement incentive shall be offered to | ||||||
19 | participants of the Plan unless the Funded Ratio of the | ||||||
20 | Plan is at least 80% or more.
| ||||||
21 | (2) For the purposes of this Section, the
Funded Ratio | ||||||
22 | shall be the Adjusted Assets divided by the Actuarial
| ||||||
23 | Accrued Liability developed in accordance with Statement | ||||||
24 | #25
promulgated by the Government Accounting Standards | ||||||
25 | Board and the
actuarial assumptions described in the Plan. | ||||||
26 | The Adjusted Assets shall be
calculated based on the |
| |||||||
| |||||||
1 | methodology described in the Plan. | ||||||
2 | (j) Nothing in this amendatory Act of the 95th General | ||||||
3 | Assembly shall impair the rights or privileges of Authority | ||||||
4 | employees under any other law.
| ||||||
5 | (b) Beginning January 1, 2009, the Authority shall make | ||||||
6 | contributions to the retirement system in an amount which, | ||||||
7 | together with the contributions of participants, interest | ||||||
8 | earned on investments, and other income, will meet the cost of | ||||||
9 | maintaining and administering the retirement plan in | ||||||
10 | accordance with applicable actuarial recommendations and | ||||||
11 | assumptions and the requirements of this Section. These | ||||||
12 | contributions may be paid on a payroll or other periodic basis, | ||||||
13 | but shall in any case be paid at least monthly. | ||||||
14 | For retirement system fiscal years 2009 through 2058, the | ||||||
15 | minimum contribution to the retirement system to be made by the | ||||||
16 | Authority for each fiscal year shall be an amount determined | ||||||
17 | jointly by the Authority and the trustee of the retirement | ||||||
18 | system to be sufficient to bring the total assets of the | ||||||
19 | retirement system up to 90% of its total actuarial liabilities | ||||||
20 | by the end of fiscal year 2058. In making these determinations, | ||||||
21 | the required Authority contribution shall be calculated each | ||||||
22 | year as a level percentage of payroll over the years remaining | ||||||
23 | to and including fiscal year 2058 and shall be determined under | ||||||
24 | the projected unit credit actuarial cost method. Beginning in | ||||||
25 | retirement system fiscal year 2059, the minimum Authority | ||||||
26 | contribution for each fiscal year shall be the amount needed to |
| |||||||
| |||||||
1 | maintain the total assets of the retirement system at 90% of | ||||||
2 | the total actuarial liabilities of the system. | ||||||
3 | For purposes of determining employer contributions and | ||||||
4 | actuarial liabilities under this subsection, contributions and | ||||||
5 | liabilities relating to health care benefits shall not be | ||||||
6 | included. As used in this Section, "retirement system fiscal | ||||||
7 | year" means the calendar year, or such other plan year as may | ||||||
8 | be defined from time to time in the agreement known as the | ||||||
9 | Retirement Plan for Chicago Transit Authority Employees, or its | ||||||
10 | successor agreement.
| ||||||
11 | (c) The Authority and the trustee shall jointly certify to | ||||||
12 | the Governor, the General Assembly, and the Board of the | ||||||
13 | Regional Transportation Authority on or before November 15 of | ||||||
14 | 2008 and of each year thereafter the amount of the required | ||||||
15 | Authority contributions to the retirement system for the next | ||||||
16 | retirement system fiscal year under subsection (b). The | ||||||
17 | certification shall include a copy of the actuarial | ||||||
18 | recommendations upon which it is based. In addition, copies of | ||||||
19 | the certification shall be sent to the Commission on Government | ||||||
20 | Forecasting and Accountability, the Mayor of Chicago, the | ||||||
21 | Chicago City Council, and the Cook County Board. | ||||||
22 | (d) The Authority shall take all actions lawfully available | ||||||
23 | to it to separate the funding of health care benefits for | ||||||
24 | retirees and their dependents and survivors from the funding | ||||||
25 | for its retirement system. The Authority shall endeavor to | ||||||
26 | achieve this separation as soon as possible, and in any event |
| |||||||
| |||||||
1 | no later than January 1, 2009.
| ||||||
2 | (e) This amendatory Act of the 94th General Assembly does | ||||||
3 | not affect or impair the right of either the Authority or its | ||||||
4 | employees to collectively bargain the amount or level of | ||||||
5 | employee contributions to the retirement system.
| ||||||
6 | (Source: P.A. 94-839, eff. 6-6-06.)
| ||||||
7 | (40 ILCS 5/22-101B new)
| ||||||
8 | Sec. 22-101B. Health Care Benefits. | ||||||
9 | (a) The Chicago Transit Authority (hereinafter referred to | ||||||
10 | in this Section as the "Authority") shall take all actions | ||||||
11 | lawfully available to it to separate the funding of health care | ||||||
12 | benefits for retirees and their dependents and survivors from | ||||||
13 | the funding for its retirement system. The Authority shall | ||||||
14 | endeavor to achieve this separation as soon as possible, and in | ||||||
15 | any event no later than January 1, 2009. | ||||||
16 | (b) Effective January 1, 2008, a Retiree Health Care Trust | ||||||
17 | is established for the purpose of providing health care | ||||||
18 | benefits to eligible retirees and their dependents and | ||||||
19 | survivors in accordance with the terms and conditions set forth | ||||||
20 | in this Section 22-101B. The Retiree Health Care Trust shall be | ||||||
21 | solely responsible for providing health care benefits to | ||||||
22 | eligible retirees and their dependents and survivors by no | ||||||
23 | later than January 1, 2009, but no earlier than July 1, 2008.
| ||||||
24 | (1) The Board of Trustees shall consist of 7 members | ||||||
25 | appointed as follows: (i) 3 trustees shall be appointed by |
| |||||||
| |||||||
1 | the Chicago Transit Board; (ii) one trustee shall be | ||||||
2 | appointed by an organization representing the highest | ||||||
3 | number of Chicago Transit Authority participants; (iii) | ||||||
4 | one trustee shall be appointed by an organization | ||||||
5 | representing the second-highest number of Chicago Transit | ||||||
6 | Authority participants; (iv) one trustee shall be | ||||||
7 | appointed by the recognized coalition representatives of | ||||||
8 | participants who are not represented by an organization | ||||||
9 | with the highest or second-highest number of Chicago | ||||||
10 | Transit Authority participants; and (v) one trustee shall | ||||||
11 | be selected by the Regional Transportation Authority Board | ||||||
12 | of Directors, and the trustee shall be a professional | ||||||
13 | fiduciary who has experience in the area of collectively | ||||||
14 | bargained retiree health plans. Trustees shall serve until | ||||||
15 | a successor has been appointed and qualified, or until | ||||||
16 | resignation, death, incapacity, or disqualification.
| ||||||
17 | Any person appointed as a trustee of the board shall | ||||||
18 | qualify by taking an oath of office that he or she will | ||||||
19 | diligently and honestly administer the affairs of the | ||||||
20 | system, and will not knowingly violate or willfully permit | ||||||
21 | the violation of any of the provisions of law applicable to | ||||||
22 | the Plan, including Sections 1-109, 1-109.1, 1-109.2, | ||||||
23 | 1-110, 1-111, 1-114, and 1-115 of Article 1 of the Illinois | ||||||
24 | Pension Code.
| ||||||
25 | Each trustee shall cast individual votes, and a | ||||||
26 | majority vote shall be final and binding upon all |
| |||||||
| |||||||
1 | interested parties, provided that the Board of Trustees may | ||||||
2 | require a supermajority vote with respect to the investment | ||||||
3 | of the assets of the Retiree Health Care Trust, and may set | ||||||
4 | forth that requirement in the trust agreement or by-laws of | ||||||
5 | the Board of Trustees. Each trustee shall have the rights, | ||||||
6 | privileges, authority and obligations as are usual and | ||||||
7 | customary for such fiduciaries.
| ||||||
8 | (2) The Board of Trustees shall establish and | ||||||
9 | administer a health care benefit program for eligible | ||||||
10 | retirees and their dependents and survivors. The health | ||||||
11 | care benefit program for eligible retirees and their | ||||||
12 | dependents and survivors shall not contain any plan which | ||||||
13 | provides for more than 90% coverage for in-network services | ||||||
14 | or 70% coverage for out-of-network services after any | ||||||
15 | deductible has been paid.
| ||||||
16 | (3) The Retiree Health Care Trust shall be administered | ||||||
17 | by the Board of Trustees according to the following | ||||||
18 | requirements:
| ||||||
19 | (i) The Board of Trustees may cause amounts on | ||||||
20 | deposit in the Retiree Health Care Trust to be invested | ||||||
21 | in those investments that are permitted investments | ||||||
22 | for the investment of moneys held under any one or more | ||||||
23 | of the pension or retirement systems of the State, any | ||||||
24 | unit of local government or school district, or any | ||||||
25 | agency or instrumentality thereof. The Board, by a vote | ||||||
26 | of at least two-thirds of the trustees, may transfer |
| |||||||
| |||||||
1 | investment management to the Illinois State Board of | ||||||
2 | Investment, which is hereby authorized to manage these | ||||||
3 | investments when so requested by the Board of Trustees.
| ||||||
4 | (ii) The Board of Trustees shall establish and | ||||||
5 | maintain an appropriate funding reserve level which | ||||||
6 | shall not be less than the amount of incurred and | ||||||
7 | unreported claims plus 12 months of expected claims and | ||||||
8 | administrative expenses.
| ||||||
9 | (iii) The Board of Trustees shall make an annual | ||||||
10 | assessment of the funding levels of the Retiree Health | ||||||
11 | Care Trust and shall submit a report to the Auditor | ||||||
12 | General at least 90 days prior to the end of the fiscal | ||||||
13 | year. The report shall provide the following: | ||||||
14 | (A) the actuarial present value of projected | ||||||
15 | benefits expected to be paid to current and future | ||||||
16 | retirees and their dependents and survivors; | ||||||
17 | (B) the actuarial present value of projected | ||||||
18 | contributions and trust income plus assets; | ||||||
19 | (C) the reserve required by subsection | ||||||
20 | (b)(3)(ii); and | ||||||
21 | (D) an assessment of whether the actuarial | ||||||
22 | present value of projected benefits expected to be | ||||||
23 | paid to current and future retirees and their | ||||||
24 | dependents and survivors exceeds or is less than | ||||||
25 | the actuarial present value of projected | ||||||
26 | contributions and trust income plus assets in |
| |||||||
| |||||||
1 | excess of the reserve required by subsection | ||||||
2 | (b)(3)(ii). | ||||||
3 | If the actuarial present value of projected | ||||||
4 | benefits expected to be paid to current and future | ||||||
5 | retirees and their dependents and survivors exceeds | ||||||
6 | the actuarial present value of projected contributions | ||||||
7 | and trust income plus assets in excess of the reserve | ||||||
8 | required by subsection (b)(3)(ii), then the report | ||||||
9 | shall provide a plan of increases in employee, retiree, | ||||||
10 | dependent, or survivor contribution levels, decreases | ||||||
11 | in benefit levels, or both, which is projected to cure | ||||||
12 | the shortfall over a period of not more than 10 years. | ||||||
13 | If the actuarial present value of projected benefits | ||||||
14 | expected to be paid to current and future retirees and | ||||||
15 | their dependents and survivors is less than the | ||||||
16 | actuarial present value of projected contributions and | ||||||
17 | trust income plus assets in excess of the reserve | ||||||
18 | required by subsection (b)(3)(ii), then the report may | ||||||
19 | provide a plan of decreases in employee, retiree, | ||||||
20 | dependent, or survivor contribution levels, increases | ||||||
21 | in benefit levels, or both, to the extent of the | ||||||
22 | surplus. | ||||||
23 | (iv) The Auditor General shall review the report | ||||||
24 | and plan provided in subsection (b)(3)(iii) and issue a | ||||||
25 | determination within 90 days after receiving the | ||||||
26 | report and plan, with a copy of such determination |
| |||||||
| |||||||
1 | provided to the General Assembly and the Regional | ||||||
2 | Transportation Authority, as follows: | ||||||
3 | (A) In the event of a projected shortfall, if | ||||||
4 | the Auditor General determines that the | ||||||
5 | assumptions stated in the report are not | ||||||
6 | unreasonable in the aggregate and that the plan of | ||||||
7 | increases in employee, retiree, dependent, or | ||||||
8 | survivor contribution levels, decreases in benefit | ||||||
9 | levels, or both, is reasonably projected to cure | ||||||
10 | the shortfall over a period of not more than 10 | ||||||
11 | years, then the Board of Trustees shall implement | ||||||
12 | the plan. If the Auditor General determines that | ||||||
13 | the assumptions stated in the report are | ||||||
14 | unreasonable in the aggregate, or that the plan of | ||||||
15 | increases in employee, retiree, dependent, or | ||||||
16 | survivor contribution levels, decreases in benefit | ||||||
17 | levels, or both, is not reasonably projected to | ||||||
18 | cure the shortfall over a period of not more than | ||||||
19 | 10 years, then the Board of Trustees shall not | ||||||
20 | implement the plan, the Auditor General shall | ||||||
21 | explain the basis for such determination to the | ||||||
22 | Board of Trustees, and the Auditor General may make | ||||||
23 | recommendations as to an alternative report and | ||||||
24 | plan. | ||||||
25 | (B) In the event of a projected surplus, if the | ||||||
26 | Auditor General determines that the assumptions |
| |||||||
| |||||||
1 | stated in the report are not unreasonable in the | ||||||
2 | aggregate and that the plan of decreases in | ||||||
3 | employee, retiree, dependent, or survivor | ||||||
4 | contribution levels, increases in benefit levels, | ||||||
5 | or both, is not unreasonable in the aggregate, then | ||||||
6 | the Board of Trustees shall implement the plan. If | ||||||
7 | the Auditor General determines that the | ||||||
8 | assumptions stated in the report are unreasonable | ||||||
9 | in the aggregate, or that the plan of decreases in | ||||||
10 | employee, retiree, dependent, or survivor | ||||||
11 | contribution levels, increases in benefit levels, | ||||||
12 | or both, is unreasonable in the aggregate, then the | ||||||
13 | Board of Trustees shall not implement the plan, the | ||||||
14 | Auditor General shall explain the basis for such | ||||||
15 | determination to the Board of Trustees, and the | ||||||
16 | Auditor General may make recommendations as to an | ||||||
17 | alternative report and plan. | ||||||
18 | (C) The Board of Trustees shall submit an | ||||||
19 | alternative report and plan within 45 days after | ||||||
20 | receiving a rejection determination by the Auditor | ||||||
21 | General. A determination by the Auditor General on | ||||||
22 | any alternative report and plan submitted by the | ||||||
23 | Board of Trustees shall be made within 90 days | ||||||
24 | after receiving the alternative report and plan, | ||||||
25 | and shall be accepted or rejected according to the | ||||||
26 | requirements of this subsection (b)(3)(iv). The |
| |||||||
| |||||||
1 | Board of Trustees shall continue to submit | ||||||
2 | alternative reports and plans to the Auditor | ||||||
3 | General, as necessary, until a favorable | ||||||
4 | determination is made by the Auditor General.
| ||||||
5 | (4) For any retiree who first retires effective January | ||||||
6 | 1, 2008 or thereafter, to be eligible for retiree health | ||||||
7 | care benefits upon retirement, the retiree must be at least | ||||||
8 | 55 years of age, retire with 10 or more years of continuous | ||||||
9 | service and satisfy the preconditions established by this | ||||||
10 | amendatory Act in addition to any rules or regulations | ||||||
11 | promulgated by the Board of Trustees. This paragraph (4) | ||||||
12 | shall not apply to a disability allowance.
| ||||||
13 | (5) Effective July 1, 2008, the aggregate amount of | ||||||
14 | retiree, dependent and survivor contributions to the cost | ||||||
15 | of their health care benefits shall not exceed more than | ||||||
16 | 45% of the total cost of such benefits. The Board of | ||||||
17 | Trustees shall have the discretion to provide different | ||||||
18 | contribution levels for retirees, dependents and survivors | ||||||
19 | based on their years of service, level of coverage or | ||||||
20 | Medicare eligibility, provided that the total contribution | ||||||
21 | from all retirees, dependents, and survivors shall be not | ||||||
22 | more than 45% of the total cost of such benefits. The term | ||||||
23 | "total cost of such benefits" for purposes of this | ||||||
24 | subsection shall be the total amount expended by the | ||||||
25 | retiree health benefit program in the prior plan year, as | ||||||
26 | calculated and certified in writing by the Retiree Health |
| |||||||
| |||||||
1 | Care Trust's enrolled actuary to be appointed and paid for | ||||||
2 | by the Board of Trustees.
| ||||||
3 | (6) Effective January 1, 2008, all employees of the | ||||||
4 | Authority shall contribute to the Retiree Health Care Trust | ||||||
5 | in an amount not less than 3% of compensation.
| ||||||
6 | (7) No earlier than July 1, 2008 and no later than | ||||||
7 | January 1, 2009 as the Retiree Health Care Trust becomes | ||||||
8 | solely responsible for providing health care benefits to | ||||||
9 | eligible retirees and their dependents and survivors in | ||||||
10 | accordance with subsection (b) of this Section 22-101B, the | ||||||
11 | Authority shall not have any obligation to provide health | ||||||
12 | care to current or future retirees and their dependents or | ||||||
13 | survivors. The Authority, its employees, and the retirees, | ||||||
14 | dependents and survivors who are required to make | ||||||
15 | contributions to the Retiree Health Care Trust shall make | ||||||
16 | contributions at the level set by the Board of Trustees | ||||||
17 | pursuant to the requirements of this Section 22-101B.
| ||||||
18 | Section 10. The Illinois Municipal Code is amended by | ||||||
19 | changing Section 8-3-19 as follows: | ||||||
20 | (65 ILCS 5/8-3-19)
| ||||||
21 | Sec. 8-3-19. Home rule real estate transfer taxes.
| ||||||
22 | (a) After the effective date of this amendatory Act of the | ||||||
23 | 93rd General
Assembly and subject
to this Section, a home rule
| ||||||
24 | municipality may impose or increase a tax or other fee on the |
| |||||||
| |||||||
1 | privilege of
transferring title to real estate, on the | ||||||
2 | privilege of transferring a beneficial interest
in real | ||||||
3 | property, and on the
privilege of
transferring a controlling | ||||||
4 | interest in a real estate entity, as the terms
"beneficial | ||||||
5 | interest", "controlling interest", and "real estate entity" | ||||||
6 | are
defined in Article 31 of
the Property Tax Code. Such a tax | ||||||
7 | or other fee shall hereafter be referred to as a
real estate | ||||||
8 | transfer tax.
| ||||||
9 | (b) Before adopting a resolution
to submit the question of | ||||||
10 | imposing or
increasing a real estate transfer tax to | ||||||
11 | referendum,
the corporate authorities shall give public notice | ||||||
12 | of and hold a public
hearing on the intent to
submit the | ||||||
13 | question to referendum. This hearing may be part of a regularly
| ||||||
14 | scheduled meeting of the corporate authorities. The
notice | ||||||
15 | shall be published not more than 30 nor less than 10
days prior | ||||||
16 | to the hearing in a newspaper of general circulation within the
| ||||||
17 | municipality. The notice shall be published in the following | ||||||
18 | form:
| ||||||
19 | Notice of Proposed (Increased) Real Estate Transfer | ||||||
20 | Tax for (commonly known
name of
municipality).
| ||||||
21 | A public hearing on a resolution to submit to | ||||||
22 | referendum the question of
a
proposed (increased) real | ||||||
23 | estate transfer
tax for (legal name of the municipality) in | ||||||
24 | an amount of (rate) to be paid by
the buyer (seller) of the | ||||||
25 | real
estate transferred will be held on (date) at (time) at | ||||||
26 | (location).
The current rate of real estate transfer tax |
| |||||||
| |||||||
1 | imposed by (name of municipality)
is (rate).
| ||||||
2 | Any person desiring to appear at the public hearing and | ||||||
3 | present testimony
to the taxing district may do so.
| ||||||
4 | (c) A notice that includes any information not specified | ||||||
5 | and required by
this Section is an invalid notice. All hearings | ||||||
6 | shall be open to the
public. At the public hearing, the | ||||||
7 | corporate authorities of the
municipality shall explain the
| ||||||
8 | reasons for the proposed or increased real estate transfer tax | ||||||
9 | and shall permit
persons
desiring to be heard an opportunity to | ||||||
10 | present testimony within reasonable
time limits determined by | ||||||
11 | the corporate authorities. A copy of the proposed
ordinance | ||||||
12 | shall be made
available to the general public for
inspection | ||||||
13 | before the public hearing.
| ||||||
14 | (d) Except as provided in subsection (i), no
No home rule | ||||||
15 | municipality shall impose a new real estate transfer tax
after | ||||||
16 | the
effective date of this amendatory Act of 1996 without prior | ||||||
17 | approval by
referendum. Except as provided in subsection (i), | ||||||
18 | no
No home rule
municipality shall impose an increase of the | ||||||
19 | rate of a current real estate
transfer tax without prior | ||||||
20 | approval by referendum. A home rule municipality
may impose a | ||||||
21 | new real estate transfer tax or may increase an existing real
| ||||||
22 | estate transfer tax with prior referendum
approval. The | ||||||
23 | referendum shall be
conducted as provided in subsection (e).
An | ||||||
24 | existing ordinance or resolution imposing a real estate | ||||||
25 | transfer tax may
be amended without approval by referendum if | ||||||
26 | the amendment does not increase
the rate of the tax or add |
| |||||||
| |||||||
1 | transactions on which the tax is imposed.
| ||||||
2 | (e) The home rule municipality shall, by resolution, | ||||||
3 | provide for submission
of the proposition to the voters. The | ||||||
4 | home rule municipality shall certify
the resolution and the | ||||||
5 | proposition to the proper election officials in
accordance with | ||||||
6 | the general election law. If the proposition is to impose
a new | ||||||
7 | real estate transfer tax, it shall be in substantially the | ||||||
8 | following
form: "Shall
(name of municipality) impose a real | ||||||
9 | estate transfer tax at a rate of
(rate) to be paid by the buyer | ||||||
10 | (seller) of the real estate transferred, with
the revenue of | ||||||
11 | the proposed transfer tax to be used for (purpose)?". If
the | ||||||
12 | proposition is to increase an existing real estate transfer | ||||||
13 | tax, it shall
be in
the following form: "Shall (name of | ||||||
14 | municipality) impose a real estate
transfer tax increase of | ||||||
15 | (percent increase) to establish a new
transfer tax rate of | ||||||
16 | (rate) to be paid by the buyer (seller) of the real
estate | ||||||
17 | transferred? The current rate of the real estate transfer tax | ||||||
18 | is
(rate), and the revenue is
used for (purpose). The revenue | ||||||
19 | from the increase is to be used for
(purpose).".
| ||||||
20 | If a majority of the electors voting on the proposition | ||||||
21 | vote in favor of
it, the municipality may impose or increase | ||||||
22 | the municipal real estate transfer
tax or fee.
| ||||||
23 | (f) Nothing in this amendatory Act of 1996 shall limit the | ||||||
24 | purposes for
which real estate transfer tax revenues may be | ||||||
25 | collected or expended.
| ||||||
26 | (g) A home rule municipality may not impose real estate
|
| |||||||
| |||||||
1 | transfer taxes other than as
authorized by this Section. This | ||||||
2 | Section is a denial and limitation of home
rule powers and | ||||||
3 | functions under subsection (g) of Section 6 of Article VII
of | ||||||
4 | the Illinois Constitution.
| ||||||
5 | (h) Notwithstanding subsection (g) of this Section, any | ||||||
6 | real estate
transfer taxes adopted
by a municipality at any | ||||||
7 | time prior to January 17, 1997 (the effective date of
Public | ||||||
8 | Act 89-701)
and any amendments to any existing real estate | ||||||
9 | transfer tax ordinance adopted
after that date, in accordance | ||||||
10 | with the law in effect at the time of the
adoption of the | ||||||
11 | amendments,
are not preempted by this amendatory
Act of the | ||||||
12 | 93rd General Assembly.
| ||||||
13 | (i) Within 6 months after the effective date of this | ||||||
14 | amendatory Act of the 95th General Assembly, by ordinance | ||||||
15 | adopted without a referendum, a home rule municipality with a | ||||||
16 | population in excess of 1,000,000 may increase the rate of an | ||||||
17 | existing real estate transfer tax by a rate of up to $1.50 for | ||||||
18 | each $500 of value or fraction thereof, or in the alternative | ||||||
19 | may impose a real estate transfer tax at a rate of up to $1.50 | ||||||
20 | for each $500 of value or fraction thereof, which may be on the | ||||||
21 | buyer or seller of real estate, or jointly and severally on | ||||||
22 | both, for the sole purpose of providing financial assistance to | ||||||
23 | the Chicago Transit Authority. All amounts collected under such | ||||||
24 | supplemental tax, after fees for costs of collection, shall be | ||||||
25 | provided to the Chicago Transit Authority pursuant to an | ||||||
26 | intergovernmental agreement as promptly as practicable upon |
| |||||||
| |||||||
1 | their receipt for disbursement pursuant to Section 12d of the | ||||||
2 | Metropolitan Transit Authority Act. Such municipality shall | ||||||
3 | file a copy of any ordinance imposing or increasing such tax | ||||||
4 | with the Illinois Department of Revenue and shall file a report | ||||||
5 | with the Department each month certifying the amount paid to | ||||||
6 | the Chicago Transit Authority in the previous month from the | ||||||
7 | proceeds of such tax.
| ||||||
8 | (Source: P.A. 93-657, eff. 6-1-04 .)
| ||||||
9 | Section 15. The Metropolitan Transit Authority Act is | ||||||
10 | amended by changing Sections 15, 28a, 34, and 46 and by adding | ||||||
11 | Sections 12c, 12d, and 50 as follows: | ||||||
12 | (70 ILCS 3605/12c new)
| ||||||
13 | Sec. 12c. Retiree Benefits Bonds and Notes. | ||||||
14 | (a) In addition to all other bonds or notes that it is | ||||||
15 | authorized to issue, the Authority is authorized to issue its | ||||||
16 | bonds or notes for the purposes of providing funds for the | ||||||
17 | Authority to make the deposits described in Section 12c(b)(1) | ||||||
18 | and (2), for refunding any bonds authorized to be issued under | ||||||
19 | this Section, as well as for the purposes of paying costs of | ||||||
20 | issuance, obtaining bond insurance or other credit enhancement | ||||||
21 | or liquidity facilities, paying costs of obtaining related | ||||||
22 | swaps as authorized in the Bond Authorization Act ("Swaps"), | ||||||
23 | providing a debt service reserve fund, paying Debt Service (as | ||||||
24 | defined in paragraph (i) of this Section 12c), and paying all |
| |||||||
| |||||||
1 | other costs related to any such bonds or notes. | ||||||
2 | (b)(1) After its receipt of a certified copy of a report of | ||||||
3 | the Auditor General of the State of Illinois meeting the | ||||||
4 | requirements of Section 3-2.3 of the Illinois State Auditing | ||||||
5 | Act, the Authority may issue $1,227,000,000 aggregate original | ||||||
6 | principal amount of bonds and notes. After payment of the costs | ||||||
7 | of issuance and necessary deposits to funds and accounts | ||||||
8 | established with respect to debt service, the net proceeds of | ||||||
9 | such bonds or notes shall be deposited only in the Retirement | ||||||
10 | Plan for Chicago Transit Authority Employees and used only for | ||||||
11 | the purposes required by Section 22-101 of the Illinois Pension | ||||||
12 | Code. Provided that no less than $1,000,000,000 has been | ||||||
13 | deposited in the Retirement Plan, remaining proceeds of bonds | ||||||
14 | issued under this subparagraph (b)(1) may be used to pay costs | ||||||
15 | of issuance and make necessary deposits to funds and accounts | ||||||
16 | with respect to debt service for bonds and notes issued under | ||||||
17 | this subparagraph or subparagraph (b)(2). | ||||||
18 | (2) After its receipt of a certified copy of a report of | ||||||
19 | the Auditor General of the State of Illinois meeting the | ||||||
20 | requirements of Section 3-2.3 of the Illinois State Auditing | ||||||
21 | Act, the Authority may issue $553,000,000 aggregate original | ||||||
22 | principal amount of bonds and notes. After payment of the costs | ||||||
23 | of issuance and necessary deposits to funds and accounts | ||||||
24 | established with respect to debt service, the net proceeds of | ||||||
25 | such bonds or notes shall be deposited only in the Retiree | ||||||
26 | Health Care Trust and used only for the purposes required by |
| |||||||
| |||||||
1 | Section 22-101B of the Illinois Pension Code. Provided that no | ||||||
2 | less than $450,000,000 has been deposited in the Retiree Health | ||||||
3 | Care Trust, remaining proceeds of bonds issued under this | ||||||
4 | subparagraph (b)(2) may be used to pay costs of issuance and | ||||||
5 | make necessary deposits to funds and accounts with respect to | ||||||
6 | debt service for bonds and notes issued under this subparagraph | ||||||
7 | or subparagraph (b)(1).
| ||||||
8 | (3) In addition, refunding bonds are authorized to be | ||||||
9 | issued for the purpose of refunding outstanding bonds or notes | ||||||
10 | issued under this Section 12c. | ||||||
11 | (4) The bonds or notes issued under 12c(b)(1) shall be | ||||||
12 | issued as soon as practicable after the Auditor General issues | ||||||
13 | the report provided in Section 3-2.3(b) of the Illinois State | ||||||
14 | Auditing Act. The bonds or notes issued under 12c(b)(2) shall | ||||||
15 | be issued as soon as practicable after the Auditor General | ||||||
16 | issues the report provided in Section 3-2.3(c) of the Illinois | ||||||
17 | State Auditing Act. | ||||||
18 | (5) With respect to bonds and notes issued under | ||||||
19 | subparagraph (b), scheduled aggregate annual payments of | ||||||
20 | interest or deposits into funds and accounts established for | ||||||
21 | the purpose of such payment shall commence within one year | ||||||
22 | after the bonds and notes are issued. With respect to principal | ||||||
23 | and interest, scheduled aggregate annual payments of principal | ||||||
24 | and interest or deposits into funds and accounts established | ||||||
25 | for the purpose of such payment shall be not less than 70% in | ||||||
26 | 2009, 80% in 2010, and 90% in 2011, respectively, of scheduled |
| |||||||
| |||||||
1 | payments or deposits of principal and interest in 2012 and | ||||||
2 | shall be substantially equal beginning in 2012 and each year | ||||||
3 | thereafter. For purposes of this subparagraph (b), | ||||||
4 | "substantially equal" means that debt service in any full year | ||||||
5 | after calendar year 2011 is not more than 115% of debt service | ||||||
6 | in any other full year after calendar year 2011 during the term | ||||||
7 | of the bonds or notes. For the purposes of this subsection (b), | ||||||
8 | with respect to bonds and notes that bear interest at a | ||||||
9 | variable rate, interest shall be assumed at a rate equal to the | ||||||
10 | rate for United States Treasury Securities - State and Local | ||||||
11 | Government Series for the same maturity, plus 75 basis points. | ||||||
12 | If the Authority enters into a Swap with a counterparty | ||||||
13 | requiring the Authority to pay a fixed interest rate on a | ||||||
14 | notional amount, and the Authority has made a determination | ||||||
15 | that such Swap was entered into for the purpose of providing | ||||||
16 | substitute interest payments for variable interest rate bonds | ||||||
17 | or notes of a particular maturity or maturities in a principal | ||||||
18 | amount equal to the notional amount of the Swap, then during | ||||||
19 | the term of the Swap for purposes of any calculation of | ||||||
20 | interest payable on such bonds or notes, the interest rate on | ||||||
21 | the bonds or notes of such maturity or maturities shall be | ||||||
22 | determined as if such bonds or notes bore interest at the fixed | ||||||
23 | interest rate payable by the Authority under such Swap. | ||||||
24 | (6) No bond or note issued under this Section 12c shall | ||||||
25 | mature later than December 31, 2039. | ||||||
26 | (7) At least 25%, based on total principal amount, of all |
| |||||||
| |||||||
1 | bonds issued pursuant to this Section 12c shall be sold | ||||||
2 | pursuant to notice of sale and public bid. No more than 75%, | ||||||
3 | based on total principal amount, of all bonds issued pursuant | ||||||
4 | to this Section 12c shall be sold by negotiated sale. | ||||||
5 | (c) The Chicago Transit Board shall provide for the | ||||||
6 | issuance of bonds or notes as authorized in this Section 12c by | ||||||
7 | the adoption of an ordinance. The ordinance, together with the | ||||||
8 | bonds or notes, shall constitute a contract among the | ||||||
9 | Authority, the owners from time to time of the bonds or notes, | ||||||
10 | any bond trustee with respect to the bonds or notes, any | ||||||
11 | related credit enhancer and any provider of any related Swaps. | ||||||
12 | (d) The Authority is authorized to cause the proceeds of | ||||||
13 | the bonds or notes, and any interest or investment earnings on | ||||||
14 | the bonds or notes, and of any Swaps, to be invested until the | ||||||
15 | proceeds and any interest or investment earnings have been | ||||||
16 | deposited with the Retirement Plan or the Retiree Health Care | ||||||
17 | Trust. | ||||||
18 | (e) Bonds or notes issued pursuant to this Section 12c may | ||||||
19 | be general obligations of the Authority, to which shall be | ||||||
20 | pledged the full faith and credit of the Authority, or may be | ||||||
21 | obligations payable solely from particular sources of funds all | ||||||
22 | as may be provided in the authorizing ordinance. The | ||||||
23 | authorizing ordinance for the bonds and notes, whether or not | ||||||
24 | general obligations of the Authority, may provide for the Debt | ||||||
25 | Service (as defined in paragraph (i) of this Section 12c) to | ||||||
26 | have a claim for payment from particular sources of funds, |
| |||||||
| |||||||
1 | including, without limitation, amounts to be paid to the | ||||||
2 | Authority or a bond trustee. The authorizing ordinance may | ||||||
3 | provide for the means by which the bonds or notes (and any | ||||||
4 | related Swaps) may be secured, which may include, a pledge of | ||||||
5 | any revenues or funds of the Authority from whatever source | ||||||
6 | which may by law be utilized for paying Debt Service. In | ||||||
7 | addition to any other security, upon the written approval of | ||||||
8 | the Regional Transportation Authority by the affirmative vote | ||||||
9 | of 12 of its then Directors, the ordinance shall provide a | ||||||
10 | specific pledge or assignment of and lien on or security | ||||||
11 | interest in amounts to be paid to the Authority by the Regional | ||||||
12 | Transportation Authority from the proceeds of any tax levied by | ||||||
13 | the Regional Transportation Authority under Section 4.03 of the | ||||||
14 | Regional Transportation Authority Act and direct payment | ||||||
15 | thereof to the bond trustee for payment of Debt Service with | ||||||
16 | respect to the bonds or notes, subject to the provisions of | ||||||
17 | existing lease agreements of the Authority with any public | ||||||
18 | building commission. The authorizing ordinance may also | ||||||
19 | provide a specific pledge or assignment of and lien on or | ||||||
20 | security interest in and direct payment to the trustee of all | ||||||
21 | or a portion of the moneys otherwise payable to the Authority | ||||||
22 | from the City of Chicago pursuant to an intergovernmental | ||||||
23 | agreement with the Authority to provide financial assistance to | ||||||
24 | the Authority. Any such pledge, assignment, lien or security | ||||||
25 | interest for the benefit of owners of bonds or notes shall be | ||||||
26 | valid and binding from the time the bonds or notes are issued, |
| |||||||
| |||||||
1 | without any physical delivery or further act, and shall be | ||||||
2 | valid and binding as against and prior to the claims of all | ||||||
3 | other parties having claims of any kind against the Authority | ||||||
4 | or any other person, irrespective of whether such other parties | ||||||
5 | have notice of such pledge, assignment, lien or security | ||||||
6 | interest, all as provided in the Local Government Debt Reform | ||||||
7 | Act, as it may be amended from time to time. The bonds or notes | ||||||
8 | of the Authority issued pursuant to this Section 12c shall have | ||||||
9 | such priority of payment and as to their claim for payment from | ||||||
10 | particular sources of funds, including their priority with | ||||||
11 | respect to obligations of the Authority issued under other | ||||||
12 | Sections of this Act, all as shall be provided in the | ||||||
13 | ordinances authorizing the issuance of the bonds or notes. The | ||||||
14 | ordinance authorizing the issuance of any bonds or notes under | ||||||
15 | this Section may provide for the creation of, deposits in, and | ||||||
16 | regulation and disposition of sinking fund or reserve accounts | ||||||
17 | relating to those bonds or notes and related agreements. The | ||||||
18 | ordinance authorizing the issuance of any such bonds or notes | ||||||
19 | authorized under this Section 12c may contain provisions for | ||||||
20 | the creation of a separate fund to provide for the payment of | ||||||
21 | principal of and interest on those bonds or notes and related | ||||||
22 | agreements. The ordinance may also provide limitations on the | ||||||
23 | issuance of additional bonds or notes of the Authority. | ||||||
24 | (f) Bonds or notes issued under this Section 12c shall not | ||||||
25 | constitute an indebtedness of the Regional Transportation | ||||||
26 | Authority, the State of Illinois, or of any other political |
| |||||||
| |||||||
1 | subdivision of or municipality within the State, except the | ||||||
2 | Authority. | ||||||
3 | (g) The ordinance of the Chicago Transit Board authorizing | ||||||
4 | the issuance of bonds or notes pursuant to this Section 12c may | ||||||
5 | provide for the appointment of a corporate trustee (which may | ||||||
6 | be any trust company or bank having the powers of a trust | ||||||
7 | company within Illinois) with respect to bonds or notes issued | ||||||
8 | pursuant to this Section 12c. The ordinance shall prescribe the | ||||||
9 | rights, duties, and powers of the trustee to be exercised for | ||||||
10 | the benefit of the Authority and the protection of the owners | ||||||
11 | of bonds or notes issued pursuant to this Section 12c. The | ||||||
12 | ordinance may provide for the trustee to hold in trust, invest | ||||||
13 | and use amounts in funds and accounts created as provided by | ||||||
14 | the ordinance with respect to the bonds or notes in accordance | ||||||
15 | with this Section 12c. The Authority may apply, as it shall | ||||||
16 | determine, any amounts received upon the sale of the bonds or | ||||||
17 | notes to pay any Debt Service on the bonds or notes. The | ||||||
18 | ordinance may provide for a trust indenture to set forth terms | ||||||
19 | of, sources of payment for and security for the bonds and | ||||||
20 | notes. | ||||||
21 | (h) The State of Illinois pledges to and agrees with the | ||||||
22 | owners of the bonds or notes issued pursuant to Section 12c | ||||||
23 | that the State of Illinois will not limit the powers vested in | ||||||
24 | the Authority by this Act to pledge and assign its revenues and | ||||||
25 | funds as security for the payment of the bonds or notes, or | ||||||
26 | vested in the Regional Transportation Authority by the Regional |
| |||||||
| |||||||
1 | Transportation Authority Act or this Act, so as to materially | ||||||
2 | impair the payment obligations of the Authority under the terms | ||||||
3 | of any contract made by the Authority with those owners or to | ||||||
4 | materially impair the rights and remedies of those owners until | ||||||
5 | those bonds or notes, together with interest and any redemption | ||||||
6 | premium, and all costs and expenses in connection with any | ||||||
7 | action or proceedings by or on behalf of such owners are fully | ||||||
8 | met and discharged. The Authority is authorized to include | ||||||
9 | these pledges and agreements of the State of Illinois in any | ||||||
10 | contract with owners of bonds or notes issued pursuant to this | ||||||
11 | Section 12c. | ||||||
12 | (i) For purposes of this Section, "Debt Service" with | ||||||
13 | respect to bonds or notes includes, without limitation, | ||||||
14 | principal (at maturity or upon mandatory redemption), | ||||||
15 | redemption premium, interest, periodic, upfront, and | ||||||
16 | termination payments on Swaps, fees for bond insurance or other | ||||||
17 | credit enhancement, liquidity facilities, the funding of bond | ||||||
18 | or note reserves, bond trustee fees, and all other costs of | ||||||
19 | providing for the security or payment of the bonds or notes. | ||||||
20 | (j) The Authority shall adopt a procurement program with | ||||||
21 | respect to contracts relating to the following service | ||||||
22 | providers in connection with the issuance of debt for the | ||||||
23 | benefit of the Retirement Plan for Chicago Transit Authority | ||||||
24 | Employees: underwriters, bond counsel, financial advisors, and | ||||||
25 | accountants. The program shall include goals for the payment of | ||||||
26 | not less than 30% of the total dollar value of the fees from |
| |||||||
| |||||||
1 | these contracts to minority owned businesses and female owned | ||||||
2 | businesses as defined in the Business Enterprise for | ||||||
3 | Minorities, Females, and Persons with Disabilities Act. The | ||||||
4 | Authority shall conduct outreach to minority owned businesses | ||||||
5 | and female owned businesses. Outreach shall include, but is not | ||||||
6 | limited to, advertisements in periodicals and newspapers, | ||||||
7 | mailings, and other appropriate media. The Authority shall | ||||||
8 | submit to the General Assembly a comprehensive report that | ||||||
9 | shall include, at a minimum, the details of the procurement | ||||||
10 | plan, outreach efforts, and the results of the efforts to | ||||||
11 | achieve goals for the payment of fees. The service providers | ||||||
12 | selected by the Authority pursuant to such program shall not be | ||||||
13 | subject to approval by the Regional Transportation Authority, | ||||||
14 | and the Regional Transportation Authority's approval pursuant | ||||||
15 | to subsection (e) of this Section 12c related to the issuance | ||||||
16 | of debt shall not be based in any way on the service providers | ||||||
17 | selected by the Authority pursuant to this Section. | ||||||
18 | (k) No person holding an elective office in this State, | ||||||
19 | holding a seat in the General Assembly, serving as a director, | ||||||
20 | trustee, officer, or employee of the Regional Transportation | ||||||
21 | Authority or the Chicago Transit Authority, including the | ||||||
22 | spouse or minor child of that person, may receive a legal, | ||||||
23 | banking, consulting, or other fee related to the issuance of | ||||||
24 | any bond issued by the Chicago Transit Authority pursuant to | ||||||
25 | this Section.
|
| |||||||
| |||||||
1 | (70 ILCS 3605/12d new) | ||||||
2 | Sec. 12d. Transit proceeds; disbursement. | ||||||
3 | (a) For the purposes of this Section, "transit assistance | ||||||
4 | proceeds" means: (i) if a Chicago Casino Development Authority | ||||||
5 | is created by the 95th General Assembly, the first $100,000,000 | ||||||
6 | in net profits from the Chicago Casino Development Authority, | ||||||
7 | and (ii) proceeds from a supplemental real estate transfer tax | ||||||
8 | authorized by paragraph (i) of Section 8-3-19 of the Illinois | ||||||
9 | Municipal Code. | ||||||
10 | (b) The Chicago Transit Authority shall disburse the | ||||||
11 | transit assistance proceeds as follows: | ||||||
12 | (1) The first $100,000,000 shall be used to repay its | ||||||
13 | bond obligations under Section 12c of this Act; and | ||||||
14 | (2) The remainder shall be paid to the City of Chicago, | ||||||
15 | pursuant to an intergovernmental agreement, for the | ||||||
16 | purpose of abating the real estate transfer tax authorized | ||||||
17 | by paragraph (i) of Section 8-3-19 of the Municipal Code.
| ||||||
18 | (70 ILCS 3605/15) (from Ch. 111 2/3, par. 315)
| ||||||
19 | Sec. 15. The Authority shall have power to apply for and | ||||||
20 | accept grants and
loans from the Federal Government or any | ||||||
21 | agency or instrumentality thereof , from the State, or from any | ||||||
22 | county, municipal corporation or other political subdivision | ||||||
23 | of the State
to be used for any of the purposes of the | ||||||
24 | Authority, including, but not by
way of limitation, grants and | ||||||
25 | loans in aid of mass transportation and for
studies in mass |
| |||||||
| |||||||
1 | transportation, and may provide matching funds when
necessary | ||||||
2 | to qualify for such grants or loans. The Authority may enter | ||||||
3 | into
any agreement with the Federal Government , the State, and | ||||||
4 | any county, municipal corporation or other political | ||||||
5 | subdivision of the State in relation to such grants or
loans; | ||||||
6 | provided that such agreement does not conflict with any of the
| ||||||
7 | provisions of any trust agreement securing the payment of bonds | ||||||
8 | or
certificates of the Authority.
| ||||||
9 | The Authority may also accept from the state, or from any | ||||||
10 | county or
other political subdivision, or from any municipal | ||||||
11 | corporation, or school
district, or school authorities, grants | ||||||
12 | or other funds authorized by law to
be paid to the Authority | ||||||
13 | for any of the purposes of this Act.
| ||||||
14 | (Source: Laws 1961, p. 3135.)
| ||||||
15 | (70 ILCS 3605/28a) (from Ch. 111 2/3, par. 328a)
| ||||||
16 | Sec. 28a. (a) The Board may deal with and enter into | ||||||
17 | written contracts with the
employees of the Authority through | ||||||
18 | accredited representatives of such
employees or | ||||||
19 | representatives of any labor organization authorized to act
for | ||||||
20 | such employees, concerning wages, salaries, hours, working | ||||||
21 | conditions
and pension or retirement provisions; provided, | ||||||
22 | nothing herein shall be
construed to permit hours of labor in | ||||||
23 | excess of those provided by law or to
permit working conditions | ||||||
24 | prohibited by law. In case of dispute over wages,
salaries, | ||||||
25 | hours, working conditions, or pension or retirement provisions
|
| |||||||
| |||||||
1 | the Board may arbitrate any question or questions and may agree | ||||||
2 | with such
accredited representatives or labor organization | ||||||
3 | that the decision of a
majority of any arbitration board shall | ||||||
4 | be final, provided each party shall
agree in advance to pay | ||||||
5 | half of the expense of such arbitration.
| ||||||
6 | No contract or agreement shall be made with any labor | ||||||
7 | organization,
association, group or individual for the | ||||||
8 | employment of members of such
organization, association, group | ||||||
9 | or individual for the construction,
improvement, maintenance, | ||||||
10 | operation or administration of any property,
plant or | ||||||
11 | facilities under the jurisdiction of the Authority, where such
| ||||||
12 | organization, association, group or individual denies on the | ||||||
13 | ground of
race, creed, color, sex, religion, physical or mental | ||||||
14 | handicap unrelated
to ability, or national origin membership | ||||||
15 | and equal opportunities for employment to
any citizen of | ||||||
16 | Illinois.
| ||||||
17 | (b)(1) The provisions of this paragraph (b) apply to | ||||||
18 | collective bargaining
agreements (including extensions and | ||||||
19 | amendments of existing agreements)
entered into on or after | ||||||
20 | January 1, 1984.
| ||||||
21 | (2) The Board shall deal with and enter into written | ||||||
22 | contracts with their
employees, through accredited | ||||||
23 | representatives of such employees authorized
to act for such | ||||||
24 | employees concerning wages, salaries, hours, working | ||||||
25 | conditions,
and pension or retirement provisions about which a | ||||||
26 | collective bargaining
agreement has been entered prior to the |
| |||||||
| |||||||
1 | effective date of this amendatory
Act of 1983. Any such | ||||||
2 | agreement of the Authority shall provide that the
agreement may | ||||||
3 | be reopened if the amended budget submitted pursuant to Section
| ||||||
4 | 2.18a of the Regional Transportation Authority Act is not | ||||||
5 | approved by the
Board of the Regional Transportation Authority. | ||||||
6 | The agreement may not include
a provision requiring the payment | ||||||
7 | of
wage increases based on changes in the Consumer Price Index.
| ||||||
8 | The Board shall not have the authority to enter into collective
| ||||||
9 | bargaining agreements with respect to inherent management | ||||||
10 | rights, which
include such areas of discretion or policy as the | ||||||
11 | functions of the employer,
standards of services, its overall | ||||||
12 | budget, the organizational structure
and selection of new | ||||||
13 | employees and direction of personnel. Employers, however,
| ||||||
14 | shall be required to bargain collectively with regard to policy | ||||||
15 | matters
directly affecting wages, hours and terms and | ||||||
16 | conditions of employment,
as well as the impact thereon upon | ||||||
17 | request by employee representatives.
To preserve the rights of | ||||||
18 | employers and exclusive representatives which
have established | ||||||
19 | collective bargaining relationships or negotiated collective
| ||||||
20 | bargaining agreements prior to the effective date of this | ||||||
21 | amendatory Act
of 1983, employers shall be required to bargain | ||||||
22 | collectively with regard
to any matter concerning wages, hours | ||||||
23 | or conditions of employment about
which they have bargained | ||||||
24 | prior to the effective date of this amendatory Act of 1983.
| ||||||
25 | (3) The collective bargaining agreement may not include a | ||||||
26 | prohibition
on the use of part-time operators on any service |
| |||||||
| |||||||
1 | operated by or funded by
the Board, except where prohibited by | ||||||
2 | federal law.
| ||||||
3 | (4) Within 30 days of the signing of any such collective | ||||||
4 | bargaining agreement,
the Board shall determine the costs of | ||||||
5 | each provision of the agreement,
prepare an amended
budget | ||||||
6 | incorporating the costs of the agreement, and present the | ||||||
7 | amended
budget to the Board of the Regional Transportation | ||||||
8 | Authority for its approval
under Section 4.11 of the Regional | ||||||
9 | Transportation Act. The Board of the
Regional Transportation | ||||||
10 | Authority may approve the amended budget by an affirmative
vote | ||||||
11 | of 12
two-thirds of its then Directors.
If the budget is not | ||||||
12 | approved by the Board of the Regional Transportation
Authority, | ||||||
13 | the agreement may
be reopened and its terms may be | ||||||
14 | renegotiated. Any amended budget which
may be prepared | ||||||
15 | following renegotiation shall be presented to the Board of
the | ||||||
16 | Regional Transportation Authority for its approval in like | ||||||
17 | manner.
| ||||||
18 | (Source: P.A. 83-886.)
| ||||||
19 | (70 ILCS 3605/34) (from Ch. 111 2/3, par. 334)
| ||||||
20 | Sec. 34. Budget and Program. The Authority, subject to the | ||||||
21 | powers of the
Regional Transportation Authority in Section 4.11 | ||||||
22 | of the Regional
Transportation Authority Act, shall control the | ||||||
23 | finances of the Authority. It
shall by ordinance appropriate | ||||||
24 | money to perform the Authority's purposes and
provide for | ||||||
25 | payment of debts and expenses of the Authority. Each year the
|
| |||||||
| |||||||
1 | Authority shall prepare and publish a comprehensive annual | ||||||
2 | budget and five-year capital program
document, and a financial | ||||||
3 | plan for the 2 years thereafter describing the state
of the | ||||||
4 | Authority and presenting for the forthcoming fiscal year and | ||||||
5 | the two
following years the Authority's plans for such | ||||||
6 | operations and capital
expenditures as it intends to undertake | ||||||
7 | and the means by which it intends to
finance them. The proposed | ||||||
8 | budget ,
and financial plan , and five-year capital program shall | ||||||
9 | be based on the
Regional Transportation Authority's estimate of | ||||||
10 | funds to be made available to
the Authority by or through the | ||||||
11 | Regional Transportation Authority and shall
conform in all | ||||||
12 | respects to the requirements established by the Regional
| ||||||
13 | Transportation Authority. The proposed program and budget , | ||||||
14 | financial plan, and five-year capital program shall contain a
| ||||||
15 | statement of the funds estimated to be on hand at the beginning | ||||||
16 | of the fiscal
year, the funds estimated to be received from all | ||||||
17 | sources for such year and the
funds estimated to be on hand at | ||||||
18 | the end of such year. After adoption of the
Regional | ||||||
19 | Transportation Authority's first Five-Year Program, as | ||||||
20 | provided in
Section 2.01 of the Regional Transportation | ||||||
21 | Authority Act, the proposed program
and budget shall | ||||||
22 | specifically identify any respect in which the recommended
| ||||||
23 | program deviates from the Regional Transportation Authority's | ||||||
24 | then existing
Five-Year Program, giving the reasons for such | ||||||
25 | deviation. The proposed program
and budget , financial plan, and | ||||||
26 | five-year capital program shall be available at no cost for |
| |||||||
| |||||||
1 | public inspection at the
Authority's main office and at the | ||||||
2 | Regional Transportation Authority's main
office at least 3 | ||||||
3 | weeks prior to any public hearing. Before the proposed budget ,
| ||||||
4 | and program and financial plan , and five-year capital program
| ||||||
5 | are submitted to the Regional Transportation
Authority, the | ||||||
6 | Authority shall hold at least one public hearing thereon in | ||||||
7 | each
of the counties in which the Authority provides service. | ||||||
8 | All Board members of
the Authority shall attend a majority of | ||||||
9 | the public hearings unless reasonable
cause is given for their | ||||||
10 | absence. After the public hearings, the Board of the
Authority | ||||||
11 | shall hold at least one meeting for consideration of the | ||||||
12 | proposed
program and budget with the Cook County Board. After | ||||||
13 | conducting such hearings
and holding such meetings and after | ||||||
14 | making such changes in the proposed program
and budget , | ||||||
15 | financial plan, and five-year capital program as the Board | ||||||
16 | deems appropriate, it shall adopt an annual budget
ordinance at | ||||||
17 | least by November 15th preceding the beginning of each fiscal
| ||||||
18 | year. The budget ,
and program, and financial plan , and | ||||||
19 | five-year capital program shall then be submitted to
the | ||||||
20 | Regional Transportation Authority as provided in Section 4.11 | ||||||
21 | of the
Regional Transportation Authority Act. In the event that | ||||||
22 | the Board of the
Regional Transportation Authority determines | ||||||
23 | that the budget ,
and program, and
financial plan , and five-year | ||||||
24 | capital program do not meet the standards of said Section 4.11, | ||||||
25 | the Board of the
Authority shall make such changes as are | ||||||
26 | necessary to meet such requirements
and adopt an amended budget |
| |||||||
| |||||||
1 | ordinance. The amended budget ordinance shall be
resubmitted to | ||||||
2 | the Regional Transportation Authority pursuant to said Section
| ||||||
3 | 4.11. The ordinance shall appropriate such sums of money as are | ||||||
4 | deemed
necessary to defray all necessary expenses and | ||||||
5 | obligations of the Authority,
specifying purposes and the | ||||||
6 | objects or programs for which appropriations are
made and the | ||||||
7 | amount appropriated for each object or program.
Additional | ||||||
8 | appropriations, transfers between items and other changes in
| ||||||
9 | such ordinance which do not alter the basis upon which the | ||||||
10 | balanced budget
determination was made by the Regional | ||||||
11 | Transportation Authority may be made
from time to time by the | ||||||
12 | Board.
| ||||||
13 | The budget shall:
| ||||||
14 | (i) show a balance between (A) anticipated revenues | ||||||
15 | from all sources
including operating subsidies and (B) the | ||||||
16 | costs of providing the services
specified and of funding | ||||||
17 | any operating deficits or encumbrances incurred in
prior | ||||||
18 | periods, including provision for payment when due of | ||||||
19 | principal and
interest on outstanding indebtedness;
| ||||||
20 | (ii) show cash balances including the proceeds of any | ||||||
21 | anticipated cash
flow borrowing sufficient to pay with | ||||||
22 | reasonable promptness all costs and
expenses as incurred;
| ||||||
23 | (iii) provide for a level of fares or charges and | ||||||
24 | operating or
administrative costs for the public | ||||||
25 | transportation provided by or subject to
the jurisdiction | ||||||
26 | of the Board sufficient to allow the Board to meet its
|
| |||||||
| |||||||
1 | required system generated revenue recovery ratio as | ||||||
2 | determined in accordance
with subsection (a) of Section | ||||||
3 | 4.11 of the Regional Transportation Authority
Act;
| ||||||
4 | (iv) be based upon and employ assumptions and | ||||||
5 | projections which are
reasonable and prudent;
| ||||||
6 | (v) have been prepared in accordance with sound | ||||||
7 | financial practices as
determined by the Board of the | ||||||
8 | Regional Transportation Authority; and
| ||||||
9 | (vi) meet such other financial, budgetary, or fiscal | ||||||
10 | requirements that
the Board of the Regional Transportation | ||||||
11 | Authority may by rule or regulation
establish ; and
.
| ||||||
12 | (vii) be consistent with the goals and objectives | ||||||
13 | adopted by the Regional Transportation Authority in the | ||||||
14 | Strategic Plan.
| ||||||
15 | The Board shall establish a fiscal operating year. At least | ||||||
16 | thirty
days prior to the beginning of the first full fiscal | ||||||
17 | year after the
creation of the Authority, and annually | ||||||
18 | thereafter, the Board shall cause
to be prepared a tentative | ||||||
19 | budget which shall include all operation and
maintenance | ||||||
20 | expense for the ensuing fiscal year. The tentative budget shall
| ||||||
21 | be considered by the Board and, subject to any revision and | ||||||
22 | amendments as
may be determined, shall be adopted prior to the | ||||||
23 | first day of the ensuing
fiscal year as the budget for that | ||||||
24 | year. No expenditures for operations and
maintenance in excess | ||||||
25 | of the budget shall be made during any fiscal year
except by | ||||||
26 | the affirmative vote of at least five members of the Board. It
|
| |||||||
| |||||||
1 | shall not be necessary to include in the annual budget any | ||||||
2 | statement of
necessary expenditures for pensions or retirement | ||||||
3 | annuities, or for
interest or principal payments on bonds or | ||||||
4 | certificates, or for capital
outlays, but it shall be the duty | ||||||
5 | of the Board to make provision for
payment of same from | ||||||
6 | appropriate funds. The Board may not alter its fiscal year
| ||||||
7 | without the prior approval of the Board of the Regional | ||||||
8 | Transportation
Authority.
| ||||||
9 | (Source: P.A. 87-1249.)
| ||||||
10 | (70 ILCS 3605/46) (from Ch. 111 2/3, par. 346)
| ||||||
11 | Sec. 46. Citizens Advisory Board. The Board shall establish | ||||||
12 | a citizens
advisory board composed of 11 residents of those | ||||||
13 | portions of the metropolitan
region in which the Authority | ||||||
14 | provides service who have an interest in public
transportation, | ||||||
15 | one of whom shall be at least 65 years of age. The members
of | ||||||
16 | the advisory board shall be named for 2 year terms, shall | ||||||
17 | select one of
their members to serve as chairman and shall | ||||||
18 | serve without compensation.
The citizens advisory board shall | ||||||
19 | meet with Board at least quarterly and
advise the Board of the | ||||||
20 | impact of its policies and programs on the
communities it | ||||||
21 | serves. Appointments to the citizens advisory board should, to | ||||||
22 | the greatest extent possible, reflect the ethnic, cultural, and | ||||||
23 | geographic diversity of all persons residing within the | ||||||
24 | metropolitan region in which the Authority provides service.
| ||||||
25 | (Source: P.A. 87-226.)
|
| |||||||
| |||||||
1 | (70 ILCS 3605/50 new)
| ||||||
2 | Sec. 50. Disadvantaged Business Enterprise Contracting and | ||||||
3 | Equal Employment Opportunity Programs. The Authority shall, as | ||||||
4 | soon as is practicable but in no event later than two years | ||||||
5 | after the effective date of this amendatory Act of the 95th | ||||||
6 | General Assembly, establish and maintain a disadvantaged | ||||||
7 | business enterprise contracting program designed to ensure | ||||||
8 | non-discrimination in the award and administration of | ||||||
9 | contracts not covered under a federally mandated disadvantaged | ||||||
10 | business enterprise program. The program shall establish | ||||||
11 | narrowly tailored goals for the participation of disadvantaged | ||||||
12 | business enterprises as the Authority determines appropriate. | ||||||
13 | The goals shall be based on demonstrable evidence of the | ||||||
14 | availability of ready, willing, and able disadvantaged | ||||||
15 | business enterprises relative to all businesses ready, | ||||||
16 | willing, and able to participate on the program's contracts. | ||||||
17 | The program shall require the Authority to monitor the progress | ||||||
18 | of the contractors' obligations with respect to the program's | ||||||
19 | goals. Nothing in this program shall conflict with or interfere | ||||||
20 | with the maintenance or operation of, or compliance with, any | ||||||
21 | federally mandated disadvantaged business enterprise program.
| ||||||
22 | The Authority shall establish and maintain a program | ||||||
23 | designed to promote equal employment opportunity. Each year, no | ||||||
24 | later than October 1, the Authority shall report to the General | ||||||
25 | Assembly on the number of employees of the Authority and the |
| |||||||
| |||||||
1 | number of employees who have designated themselves as members | ||||||
2 | of a minority group and gender.
| ||||||
3 | Each year no later than October 1, and starting no later | ||||||
4 | than the October 1 after the establishment of the disadvantaged | ||||||
5 | business enterprise contracting program, the Authority shall | ||||||
6 | submit a report with respect to such program to the General | ||||||
7 | Assembly. In addition, no later than October 1 of each year, | ||||||
8 | the Authority shall submit a copy of its federally mandated | ||||||
9 | semi-annual Uniform Report of Disadvantaged Business | ||||||
10 | Enterprises Awards or Commitments and Payments to the General | ||||||
11 | Assembly.
| ||||||
12 | Section 20. The Regional Transportation Authority Act is | ||||||
13 | amended by changing Sections 1.02, 2.01, 2.04, 2.05, 2.09, | ||||||
14 | 2.12, 2.14, 2.18a, 2.30, 3.01, 3.03, 3.05, 3A.10, 3A.11, 3A.14, | ||||||
15 | 3B.02, 3B.03, 3B.05, 3B.07, 3B.09, 3B.10, 3B.11, 3B.12, 3B.13, | ||||||
16 | 4.01, 4.02, 4.02a, 4.02b, 4.03, 4.04, 4.09, 4.11, 4.13, 4.14, | ||||||
17 | and 5.01 and by adding Section 2.01a, 2.01b, 2.01c, 2.01d, | ||||||
18 | 2.01e, 2.12b, and 2.31 as follows:
| ||||||
19 | (70 ILCS 3615/1.02) (from Ch. 111 2/3, par. 701.02)
| ||||||
20 | Sec. 1.02. Findings and Purpose. (a) The General Assembly | ||||||
21 | finds;
| ||||||
22 | (i) Public transportation is, as provided in Section 7 of | ||||||
23 | Article
XIII of the Illinois Constitution, an essential public | ||||||
24 | purpose for which
public funds may be expended and that Section |
| |||||||
| |||||||
1 | authorizes the State to
provide financial assistance to units | ||||||
2 | of local government for distribution
to providers of public | ||||||
3 | transportation. There is an urgent need to reform
and continue | ||||||
4 | a unit of local government to assure the proper management
of | ||||||
5 | public transportation and to receive and distribute State or | ||||||
6 | federal
operating assistance and to raise and distribute | ||||||
7 | revenues for local operating
assistance. System generated | ||||||
8 | revenues are not adequate for
such service and a public need | ||||||
9 | exists to provide for, aid and assist
public transportation in | ||||||
10 | the northeastern area of the State, consisting
of Cook, DuPage, | ||||||
11 | Kane, Lake, McHenry and Will Counties.
| ||||||
12 | (ii) Comprehensive and coordinated regional public | ||||||
13 | transportation is
essential to the public health, safety and | ||||||
14 | welfare. It is essential to
economic well-being, maintenance of | ||||||
15 | full employment, conservation of
sources of energy and land for | ||||||
16 | open space and reduction of traffic
congestion and for | ||||||
17 | providing and maintaining a healthful environment for
the | ||||||
18 | benefit of present and future generations in the metropolitan | ||||||
19 | region.
Public transportation
improves the mobility of the | ||||||
20 | public and improves access to jobs,
commercial facilities, | ||||||
21 | schools and cultural attractions. Public
transportation | ||||||
22 | decreases air pollution and other environmental hazards
| ||||||
23 | resulting from excessive use of automobiles and allows for more
| ||||||
24 | efficient land use and planning.
| ||||||
25 | (iii) Because system generated receipts are not presently
| ||||||
26 | adequate, public
transportation facilities and services in the |
| |||||||
| |||||||
1 | northeastern area are in
grave financial condition. With | ||||||
2 | existing methods of financing,
coordination and management, | ||||||
3 | and relative convenience of automobiles,
such public | ||||||
4 | transportation facilities are not providing adequate public
| ||||||
5 | transportation to insure the public health, safety and welfare.
| ||||||
6 | (iv) Additional commitments to the special public | ||||||
7 | transportation
needs
problems of the disabled
handicapped , the | ||||||
8 | economically disadvantaged, and the
elderly are necessary.
| ||||||
9 | (v) To solve these problems, it is necessary to provide for | ||||||
10 | the
creation of a regional transportation authority with the | ||||||
11 | powers
necessary to insure adequate public transportation.
| ||||||
12 | (b) The General Assembly further finds, in connection with | ||||||
13 | this amendatory
Act of 1983:
| ||||||
14 | (i) Substantial, recurring deficits in the operations of | ||||||
15 | public transportation
services subject to the jurisdiction of | ||||||
16 | the Regional Transportation Authority
and periodic cash | ||||||
17 | shortages have occurred either of which could bring about
a | ||||||
18 | loss of public transportation services throughout the | ||||||
19 | metropolitan region at any time;
| ||||||
20 | (ii) A substantial or total loss of public transportation | ||||||
21 | services or
any segment thereof would create an emergency | ||||||
22 | threatening the safety and
well-being of the people in the | ||||||
23 | northeastern area of the State; and
| ||||||
24 | (iii) To meet the urgent needs of the people of the | ||||||
25 | metropolitan region
that such an emergency be averted and to | ||||||
26 | provide financially sound methods
of managing the provision of |
| |||||||
| |||||||
1 | public transportation services in the northeastern
area of the | ||||||
2 | State, it is necessary, while maintaining and continuing the
| ||||||
3 | existing Authority, to modify the powers and responsibilities | ||||||
4 | of the Authority,
to reallocate responsibility for operating | ||||||
5 | decisions, to change the composition
and appointment of the | ||||||
6 | Board of Directors thereof, and to immediately establish
a new | ||||||
7 | Board of Directors.
| ||||||
8 | (c) The General Assembly further finds in connection with | ||||||
9 | this amendatory Act of the 95th General Assembly:
| ||||||
10 | (i) The economic vitality of northeastern Illinois | ||||||
11 | requires regionwide and systemwide efforts to increase | ||||||
12 | ridership on the transit systems, constrain road congestion | ||||||
13 | within the metropolitan region, and allocate resources for | ||||||
14 | transportation so as to assist in the development of an | ||||||
15 | adequate, efficient, and coordinated regional transportation | ||||||
16 | system that is in a state of good repair.
| ||||||
17 | (ii) To achieve the purposes of this amendatory Act of the | ||||||
18 | 95th General Assembly, the powers and duties of the Authority | ||||||
19 | must be enhanced to improve overall planning and coordination, | ||||||
20 | to achieve an integrated and efficient regional transit system, | ||||||
21 | to advance the mobility of transit users, and to increase | ||||||
22 | financial transparency of the Authority and the Service Boards.
| ||||||
23 | (d)
(c) It is the purpose of this Act to provide for, aid | ||||||
24 | and
assist public transportation in the northeastern area of | ||||||
25 | the State without
impairing the overall quality of existing | ||||||
26 | public transportation by
providing for the creation of a single |
| |||||||
| |||||||
1 | authority responsive to the
people and elected officials of the | ||||||
2 | area and with the power and
competence to develop, implement, | ||||||
3 | and enforce plans that promote adequate, efficient, and | ||||||
4 | coordinated public transportation, provide financial review of | ||||||
5 | the providers of public
transportation
in the metropolitan | ||||||
6 | region and facilitate public transportation provided
by | ||||||
7 | Service Boards which is attractive and economical to users, | ||||||
8 | comprehensive,
coordinated among its
various elements, | ||||||
9 | economical, safe, efficient and coordinated with area
and State | ||||||
10 | plans.
| ||||||
11 | (Source: P.A. 83-885; 83-886 .)
| ||||||
12 | (70 ILCS 3615/2.01) (from Ch. 111 2/3, par. 702.01)
| ||||||
13 | Sec. 2.01. General Allocation of Responsibility for Public | ||||||
14 | Transportation.
Provision of Public Transportation - Review | ||||||
15 | and Program.
| ||||||
16 | (a) In order to accomplish the
its purposes as set forth in | ||||||
17 | this Act,
the responsibility for planning, operating, and | ||||||
18 | funding public transportation in the metropolitan region shall | ||||||
19 | be allocated as described in this Act. The Authority shall: | ||||||
20 | (i) adopt plans that implement the public policy of the | ||||||
21 | State to provide adequate, efficient, and coordinated | ||||||
22 | public transportation throughout the metropolitan region;
| ||||||
23 | (ii) set goals, objectives, and standards for the | ||||||
24 | Authority, the Service Boards, and transportation | ||||||
25 | agencies;
|
| |||||||
| |||||||
1 | (iii) develop performance measures to inform the | ||||||
2 | public about the extent to which the provision of public | ||||||
3 | transportation in the metropolitan region meets those | ||||||
4 | goals, objectives, and standards;
| ||||||
5 | (iv) allocate operating and capital funds made | ||||||
6 | available to support public transportation in the | ||||||
7 | metropolitan region;
| ||||||
8 | (v) provide financial oversight of the Service Boards; | ||||||
9 | and
| ||||||
10 | (vi) coordinate the provision of public transportation | ||||||
11 | and the investment in public transportation facilities to | ||||||
12 | enhance the integration of public transportation | ||||||
13 | throughout the metropolitan region, all as provided in this | ||||||
14 | Act.
| ||||||
15 | The
the Service Boards shall, on a continuing basis | ||||||
16 | determine
the level, nature
and kind of public transportation | ||||||
17 | which should be provided for the
metropolitan region in order | ||||||
18 | to meet the plans, goals, objectives, and standards adopted by | ||||||
19 | the Authority . The Service Boards may provide public | ||||||
20 | transportation
by purchasing
such service from transportation | ||||||
21 | agencies through purchase of service
agreements, by grants to | ||||||
22 | such agencies or by operating such service, all
pursuant to | ||||||
23 | this Act and the "Metropolitan Transit Authority
Act", as now | ||||||
24 | or hereafter amended. Certain of its actions to implement the | ||||||
25 | responsibilities allocated to the Authority in this subsection | ||||||
26 | (a) shall be taken in 3 public documents adopted by the |
| |||||||
| |||||||
1 | affirmative vote of at least 12 of its then Directors: A | ||||||
2 | Strategic Plan; a Five-Year Capital Program; and an Annual | ||||||
3 | Budget and Two-Year Financial Plan.
The Authority shall | ||||||
4 | establish a policy
to provide adequate public transportation | ||||||
5 | throughout the metropolitan
region.
| ||||||
6 | (b) The Authority shall subject the operating and capital | ||||||
7 | plans and
expenditures of the Service Boards in the
| ||||||
8 | metropolitan region with
regard to public transportation to | ||||||
9 | continuing review so that
the Authority may budget and expend | ||||||
10 | its funds with maximum effectiveness
and efficiency. The | ||||||
11 | Authority shall conduct audits of each of the Service Boards no | ||||||
12 | less than every 5 years. Such audits may include management, | ||||||
13 | performance, financial, and infrastructure condition audits. | ||||||
14 | The Authority may conduct management, performance, financial, | ||||||
15 | and infrastructure condition audits of transportation agencies | ||||||
16 | that receive funds from the Authority. The Authority may direct | ||||||
17 | a Service Board to conduct any such audit of a transportation | ||||||
18 | agency that receives funds from such Service Board, and the | ||||||
19 | Service Board shall comply with such request to the extent it | ||||||
20 | has the right to do so. These audits of the Service Boards or | ||||||
21 | transportation agencies may be project or service specific | ||||||
22 | audits to evaluate their achievement of the goals and | ||||||
23 | objectives of that project or service and their compliance with | ||||||
24 | any applicable requirements.
Certain of its recommendations in | ||||||
25 | this regard shall be
set forth in 2 public documents, the | ||||||
26 | Five-Year Program provided for in
this Section and an Annual |
| |||||||
| |||||||
1 | Budget and Program provided for in Section
4.01.
| ||||||
2 | (c) The Authority shall, in consultation with the Service | ||||||
3 | Boards,
each year prepare and, by ordinance, adopt,
after | ||||||
4 | public hearings held in each county in the metropolitan region, | ||||||
5 | a
Five-Year Program to inform the public and government | ||||||
6 | officials of the
Authority's objectives and program for | ||||||
7 | operations and capital
development during the forthcoming | ||||||
8 | five-year period. The Five-Year
Program shall set forth the | ||||||
9 | standards of service which the public may
expect; each Service | ||||||
10 | Board's plans for coordinating routes and service
of the | ||||||
11 | various
transportation agencies; the anticipated expense of | ||||||
12 | providing public
transportation at standards of service then | ||||||
13 | existing and under
alternative operating programs; the nature, | ||||||
14 | location and expense of
anticipated capital improvements | ||||||
15 | exceeding $250,000, by specific item
and by fiscal year; and | ||||||
16 | such demographic and other data developed by
planning and other | ||||||
17 | related agencies, as the Authority shall consider
pertinent to | ||||||
18 | the Service Boards' decisions as to levels
and nature of
| ||||||
19 | service, including without limitation the patterns of | ||||||
20 | population density
and growth, projected commercial and | ||||||
21 | residential development,
environmental factors and the | ||||||
22 | availability of alternative modes of
transportation. The | ||||||
23 | Five-Year Program shall be adopted on
the affirmative votes of | ||||||
24 | 9 of the then Directors.
| ||||||
25 | (Source: P.A. 83-886.)
|
| |||||||
| |||||||
1 | (70 ILCS 3615/2.01a new) | ||||||
2 | Sec. 2.01a. Strategic Plan. | ||||||
3 | (a) By the affirmative vote of at least 12 of its then | ||||||
4 | Directors, the Authority shall adopt a Strategic Plan, no less | ||||||
5 | than every 5 years, after consultation with the Service Boards | ||||||
6 | and after holding a minimum of 3 public hearings in Cook County | ||||||
7 | and one public hearing in each of the other counties in the | ||||||
8 | region. The Executive Director of the Authority shall review | ||||||
9 | the Strategic Plan on an ongoing basis and make recommendations | ||||||
10 | to the Board of the Authority with respect to any update or | ||||||
11 | amendment of the Strategic Plan. The Strategic Plan shall | ||||||
12 | describe the specific actions to be taken by the Authority and | ||||||
13 | the Service Boards to provide adequate, efficient, and | ||||||
14 | coordinated public transportation. | ||||||
15 | (b) The Strategic Plan shall identify goals and objectives | ||||||
16 | with respect to:
| ||||||
17 | (i) increasing ridership and passenger miles on public | ||||||
18 | transportation funded by the Authority;
| ||||||
19 | (ii) coordination of public transportation services | ||||||
20 | and the investment in public transportation facilities to | ||||||
21 | enhance the integration of public transportation | ||||||
22 | throughout the metropolitan region;
| ||||||
23 | (iii) coordination of fare and transfer policies to | ||||||
24 | promote transfers by riders among Service Boards, | ||||||
25 | transportation agencies, and public transportation modes, | ||||||
26 | which may include goals and objectives for development of a |
| |||||||
| |||||||
1 | universal fare instrument that riders may use | ||||||
2 | interchangeably on all public transportation funded by the | ||||||
3 | Authority, and methods to be used to allocate revenues from | ||||||
4 | transfers;
| ||||||
5 | (iv) improvements in public transportation facilities | ||||||
6 | to bring those facilities into a state of good repair, | ||||||
7 | enhancements that attract ridership and improve customer | ||||||
8 | service, and expansions needed to serve areas with | ||||||
9 | sufficient demand for public transportation;
| ||||||
10 | (v) access for transit-dependent populations, | ||||||
11 | including access by low-income communities to places of | ||||||
12 | employment, utilizing analyses provided by the Chicago | ||||||
13 | Metropolitan Agency for Planning regarding employment and | ||||||
14 | transportation availability, and giving consideration to | ||||||
15 | the location of employment centers in each county and the | ||||||
16 | availability of public transportation at off-peak hours | ||||||
17 | and on weekends;
| ||||||
18 | (vi) the financial viability of the public | ||||||
19 | transportation system, including both operating and | ||||||
20 | capital programs;
| ||||||
21 | (vii) limiting road congestion within the metropolitan | ||||||
22 | region and enhancing transit options to improve mobility; | ||||||
23 | and
| ||||||
24 | (viii) such other goals and objectives that advance the | ||||||
25 | policy of the State to provide adequate, efficient, and | ||||||
26 | coordinated public transportation in the metropolitan |
| |||||||
| |||||||
1 | region.
| ||||||
2 | (c) The Strategic Plan shall establish the process and | ||||||
3 | criteria by which proposals for capital improvements by a | ||||||
4 | Service Board or a transportation agency will be evaluated by | ||||||
5 | the Authority for inclusion in the Five-Year Capital Program, | ||||||
6 | which may include criteria for:
| ||||||
7 | (i) allocating funds among maintenance, enhancement, | ||||||
8 | and expansion improvements;
| ||||||
9 | (ii) projects to be funded from the Innovation, | ||||||
10 | Coordination, and Enhancement Fund;
| ||||||
11 | (iii) projects intended to improve or enhance | ||||||
12 | ridership or customer service;
| ||||||
13 | (iv) design and location of station or transit | ||||||
14 | improvements intended to promote transfers, increase | ||||||
15 | ridership, and support transit-oriented land development;
| ||||||
16 | (v) assessing the impact of projects on the ability to | ||||||
17 | operate and maintain the existing transit system; and
| ||||||
18 | (vi) other criteria that advance the goals and | ||||||
19 | objectives of the Strategic Plan.
| ||||||
20 | (d) The Strategic Plan shall establish performance | ||||||
21 | standards and measurements regarding the adequacy, efficiency, | ||||||
22 | and coordination of public transportation services in the | ||||||
23 | region and the implementation of the goals and objectives in | ||||||
24 | the Strategic Plan. At a minimum, such standards and measures | ||||||
25 | shall include customer-related performance data measured by | ||||||
26 | line, route, or sub-region, as determined by the Authority, on |
| |||||||
| |||||||
1 | the following:
| ||||||
2 | (i) travel times and on-time performance;
| ||||||
3 | (ii) ridership data;
| ||||||
4 | (iii) equipment failure rates;
| ||||||
5 | (iv) employee and customer safety; and
| ||||||
6 | (v) customer satisfaction.
| ||||||
7 | The Service Boards and transportation agencies that | ||||||
8 | receive funding from the Authority or Service Boards shall | ||||||
9 | prepare, publish, and submit to the Authority such reports with | ||||||
10 | regard to these standards and measurements in the frequency and | ||||||
11 | form required by the Authority; however, the frequency of such | ||||||
12 | reporting shall be no less than annual. The Service Boards | ||||||
13 | shall publish such reports on their respective websites. The | ||||||
14 | Authority shall compile and publish such reports on its | ||||||
15 | website. Such performance standards and measures shall not be | ||||||
16 | used as the basis for disciplinary action against any employee | ||||||
17 | of the Authority or Service Boards, except to the extent the | ||||||
18 | employment and disciplinary practices of the Authority or | ||||||
19 | Service Board provide for such action.
| ||||||
20 | (e) The Strategic Plan shall identify innovations to | ||||||
21 | improve the delivery of public transportation and the | ||||||
22 | construction of public transportation facilities.
| ||||||
23 | (f) The Strategic Plan shall describe the expected | ||||||
24 | financial condition of public transportation in the | ||||||
25 | metropolitan region prospectively over a 10-year period, which | ||||||
26 | may include information about the cash position and all known |
| |||||||
| |||||||
1 | obligations of the Authority and the Service Boards including | ||||||
2 | operating expenditures, debt service, contributions for | ||||||
3 | payment of pension and other post-employment benefits, the | ||||||
4 | expected revenues from fares, tax receipts, grants from the | ||||||
5 | federal, State, and local governments for operating and capital | ||||||
6 | purposes and issuance of debt, the availability of working | ||||||
7 | capital, and the resources needed to achieve the goals and | ||||||
8 | objectives described in the Strategic Plan.
| ||||||
9 | (g) In developing the Strategic Plan, the Authority shall | ||||||
10 | rely on such demographic and other data, forecasts, and | ||||||
11 | assumptions developed by the Chicago Metropolitan Agency for | ||||||
12 | Planning with respect to the patterns of population density and | ||||||
13 | growth, projected commercial and residential development, and | ||||||
14 | environmental factors, within the metropolitan region and in | ||||||
15 | areas outside the metropolitan region that may impact public | ||||||
16 | transportation utilization in the metropolitan region. Before | ||||||
17 | adopting or amending any Strategic Plan, the Authority shall | ||||||
18 | consult with the Chicago Metropolitan Agency for Planning | ||||||
19 | regarding the consistency of the Strategic Plan with the | ||||||
20 | Regional Comprehensive Plan adopted pursuant to the Regional | ||||||
21 | Planning Act.
| ||||||
22 | (h) The Authority may adopt, by the affirmative vote of at | ||||||
23 | least 12 of its then Directors, sub-regional or corridor plans | ||||||
24 | for specific geographic areas of the metropolitan region in | ||||||
25 | order to improve the adequacy, efficiency, and coordination of | ||||||
26 | existing, or the delivery of new, public transportation. Such |
| |||||||
| |||||||
1 | plans may also address areas outside the metropolitan region | ||||||
2 | that may impact public transportation utilization in the | ||||||
3 | metropolitan region. In preparing a sub-regional or corridor | ||||||
4 | plan, the Authority may identify changes in operating practices | ||||||
5 | or capital investment in the sub-region or corridor that could | ||||||
6 | increase ridership, reduce costs, improve coordination, or | ||||||
7 | enhance transit-oriented development. The Authority shall | ||||||
8 | consult with any affected Service Boards in the preparation of | ||||||
9 | any sub-regional or corridor plans.
| ||||||
10 | (i) If the Authority determines, by the affirmative vote of | ||||||
11 | at least 12 of its then Directors, that, with respect to any | ||||||
12 | proposed new public transportation service or facility, (i) | ||||||
13 | multiple Service Boards or transportation agencies are | ||||||
14 | potential service providers and (ii) the public transportation | ||||||
15 | facilities to be constructed or purchased to provide that | ||||||
16 | service have an expected construction cost of more than | ||||||
17 | $25,000,000, the Authority shall have sole responsibility for | ||||||
18 | conducting any alternatives analysis and preliminary | ||||||
19 | environmental assessment required by federal or State law. | ||||||
20 | Nothing in this subparagraph (i) shall prohibit a Service Board | ||||||
21 | from undertaking alternatives analysis and preliminary | ||||||
22 | environmental assessment for any public transportation service | ||||||
23 | or facility identified in items (i) and (ii) above that is | ||||||
24 | included in the Five-Year Capital Program as of the effective | ||||||
25 | date of this amendatory Act of the 95th General Assembly; | ||||||
26 | however, any expenditure related to any such public |
| |||||||
| |||||||
1 | transportation service or facility must be included in a | ||||||
2 | Five-Year Capital Program under the requirements of Sections | ||||||
3 | 2.01b and 4.02 of this Act.
| ||||||
4 | (70 ILCS 3615/2.01b new)
| ||||||
5 | Sec. 2.01b. The Five-Year Capital Program. By the | ||||||
6 | affirmative vote of at least 12 of its then Directors, the | ||||||
7 | Authority, after consultation with the Service Boards and after | ||||||
8 | holding a minimum of 3 public hearings in Cook County and one | ||||||
9 | public hearing in each of the other counties in the | ||||||
10 | metropolitan region, shall each year adopt a Five-Year Capital | ||||||
11 | Program that shall include each capital improvement to be | ||||||
12 | undertaken by or on behalf of a Service Board provided that the | ||||||
13 | Authority finds that the improvement meets any criteria for | ||||||
14 | capital improvements contained in the Strategic Plan, is not | ||||||
15 | inconsistent with any sub-regional or corridor plan adopted by | ||||||
16 | the Authority, and can be funded within amounts available with | ||||||
17 | respect to the capital and operating costs of such improvement. | ||||||
18 | In reviewing proposals for improvements to be included in a | ||||||
19 | Five-Year Capital Program, the Authority may give priority to | ||||||
20 | improvements that are intended to bring public transportation | ||||||
21 | facilities into a state of good repair. The Five-Year Capital | ||||||
22 | Program shall also identify capital improvements to be | ||||||
23 | undertaken by a Service Board, a transportation agency, or a | ||||||
24 | unit of local government and funded by the Authority from | ||||||
25 | amounts in the Innovation, Coordination, and Enhancement Fund, |
| |||||||
| |||||||
1 | provided that no improvement that is included in the Five-Year | ||||||
2 | Capital Program as of the effective date of this amendatory Act | ||||||
3 | of the 95th General Assembly may receive funding from the | ||||||
4 | Innovation, Coordination, and Enhancement Fund. Before | ||||||
5 | adopting a Five-Year Capital Program, the Authority shall | ||||||
6 | consult with the Chicago Metropolitan Agency for Planning | ||||||
7 | regarding the consistency of the Five-Year Capital Program with | ||||||
8 | the Regional Comprehensive Plan adopted pursuant to the | ||||||
9 | Regional Planning Act. | ||||||
10 | (70 ILCS 3615/2.01c new)
| ||||||
11 | Sec. 2.01c. Innovation, Coordination, and Enhancement | ||||||
12 | Fund. | ||||||
13 | (a) The Authority shall establish an Innovation, | ||||||
14 | Coordination, and Enhancement Fund. Amounts on deposit in such | ||||||
15 | Fund and interest and other earnings on those amounts may be | ||||||
16 | used by the Authority,
upon the affirmative vote of 12 of its | ||||||
17 | then Directors, and after
a public participation process, for | ||||||
18 | operating or capital grants
or loans to Service Boards, | ||||||
19 | transportation agencies, or units
of local government that | ||||||
20 | advance the goals and objectives
identified by the Authority in | ||||||
21 | its Strategic Plan, provided
that no improvement that has been | ||||||
22 | included in a Five-Year
Capital Program as of the effective | ||||||
23 | date of this amendatory Act
of the 95th General Assembly may | ||||||
24 | receive any funding from the
Innovation, Coordination, and | ||||||
25 | Enhancement Fund. Unless the
Board has determined by a vote of |
| |||||||
| |||||||
1 | 12 of its then Directors that
an emergency exists requiring the | ||||||
2 | use of some or all of the
funds then in the Innovation, | ||||||
3 | Coordination, and Enhancement
Fund, such funds may only be used | ||||||
4 | to enhance the coordination
and integration of public | ||||||
5 | transportation and develop and
implement innovations to | ||||||
6 | improve the quality and delivery of
public transportation. | ||||||
7 | (b) Any grantee that receives funds from the Innovation, | ||||||
8 | Coordination, and Enhancement Fund for the operation of | ||||||
9 | eligible programs must (i) implement such programs within one | ||||||
10 | year of receipt of such funds and (ii) within 2 years following | ||||||
11 | commencement of any program utilizing such funds, determine | ||||||
12 | whether it is desirable to continue the program, and upon such | ||||||
13 | a determination, either incorporate such program into its | ||||||
14 | annual operating budget and capital program or discontinue such | ||||||
15 | program. No additional funds from the Innovation, | ||||||
16 | Coordination, and Enhancement Fund may be distributed to a | ||||||
17 | grantee for any individual program beyond 2 years unless the | ||||||
18 | Authority by the affirmative vote of at least 12 of its then | ||||||
19 | Directors waives this limitation. Any such waiver will be with | ||||||
20 | regard to an individual program and with regard to a one | ||||||
21 | year-period, and any further waivers for such individual | ||||||
22 | program require a subsequent vote of the Board. | ||||||
23 | (70 ILCS 3615/2.01d new)
| ||||||
24 | Sec. 2.01d. ADA Paratransit Fund. The Authority shall | ||||||
25 | establish an ADA Paratransit Fund. The amounts on deposit in |
| |||||||
| |||||||
1 | the Fund and interest and other earnings on those amounts shall | ||||||
2 | be used by the Authority to make grants to the Suburban Bus | ||||||
3 | Board for ADA paratransit services provided pursuant to plans | ||||||
4 | approved by the Authority under Section 2.30 of this Act. Funds | ||||||
5 | received by the Suburban Bus Board from the Authority's ADA | ||||||
6 | Paratransit Fund shall be used only to provide ADA paratransit | ||||||
7 | services to individuals who are determined to be eligible for | ||||||
8 | such services by the Authority under the Americans with | ||||||
9 | Disabilities Act of 1990 and its implementing regulations. | ||||||
10 | Revenues from and costs of services provided by the Suburban | ||||||
11 | Bus Board with grants made under this Section shall be included | ||||||
12 | in the Annual Budget and Two-Year Financial Program of the | ||||||
13 | Suburban Bus Board and shall be subject to all budgetary and | ||||||
14 | financial requirements under this Act that apply to ADA | ||||||
15 | paratransit services. Beginning in 2008, the Executive | ||||||
16 | Director shall, no later than August 15 of each year, provide | ||||||
17 | to the Board a written determination of the projected annual | ||||||
18 | costs of ADA paratransit services that are required to be | ||||||
19 | provided pursuant to the Americans with Disabilities Act of | ||||||
20 | 1990 and its implementing regulations. The Authority shall | ||||||
21 | conduct triennial financial, compliance, and performance | ||||||
22 | audits of ADA paratransit services to assist in this | ||||||
23 | determination. | ||||||
24 | (70 ILCS 3615/2.01e new)
| ||||||
25 | Sec. 2.01e. Suburban Community Mobility Fund. The |
| |||||||
| |||||||
1 | Authority shall establish a Suburban Community Mobility Fund. | ||||||
2 | The amounts on deposit in the Fund and interest and other | ||||||
3 | earnings on those amounts shall be used by the Authority to | ||||||
4 | make grants to the Suburban Bus Board for the purpose of | ||||||
5 | operating transit services, other than traditional fixed-route | ||||||
6 | services, that enhance suburban mobility, including, but not | ||||||
7 | limited to, demand-responsive transit services, ride sharing, | ||||||
8 | van pooling, service coordination, centralized dispatching and | ||||||
9 | call taking, reverse commuting, service restructuring, and bus | ||||||
10 | rapid transit. Revenues from and costs of services provided by | ||||||
11 | the Suburban Bus Board with moneys from the Suburban Community | ||||||
12 | Mobility Fund shall be included in the Annual Budget and | ||||||
13 | Two-Year Financial Program of the Suburban Bus Board and shall | ||||||
14 | be subject to all budgetary and financial requirements under | ||||||
15 | this Act.
| ||||||
16 | (70 ILCS 3615/2.04) (from Ch. 111 2/3, par. 702.04)
| ||||||
17 | Sec. 2.04. Fares and Nature of Service. | ||||||
18 | (a) Whenever a Service Board provides any public | ||||||
19 | transportation by
operating public transportation facilities, | ||||||
20 | the Service Board
shall provide for the level and nature of | ||||||
21 | fares or charges to be made for
such services, and the nature | ||||||
22 | and standards of public transportation to
be so provided that | ||||||
23 | meet the goals and objectives adopted by the Authority in the | ||||||
24 | Strategic Plan . Provided, however that if the Board adopts a | ||||||
25 | budget and
financial plan for a Service Board in accordance |
| |||||||
| |||||||
1 | with the provisions in
Section 4.11(b)(5), the Board may | ||||||
2 | consistent with the terms of any purchase
of service contract | ||||||
3 | provide for the level and nature of fares
to be made for such | ||||||
4 | services under the jurisdiction of that Service Board,
and the | ||||||
5 | nature and standards of public transportation to be so | ||||||
6 | provided.
| ||||||
7 | (b) Whenever a Service Board provides any public | ||||||
8 | transportation
pursuant to grants made after June 30, 1975, to | ||||||
9 | transportation agencies
for operating expenses (other than | ||||||
10 | with regard to experimental programs)
or pursuant to any | ||||||
11 | purchase of service agreement, the purchase of service
| ||||||
12 | agreement or grant contract shall provide for the level and | ||||||
13 | nature of fares
or charges to be made for such services, and | ||||||
14 | the nature and standards of
public transportation to be so | ||||||
15 | provided. A Service Board
shall require all transportation | ||||||
16 | agencies with which it contracts, or from
which it purchases | ||||||
17 | transportation services or to which it makes grants to
provide | ||||||
18 | half fare transportation for their student riders if any of | ||||||
19 | such
agencies provide for half fare transportation to their | ||||||
20 | student riders.
| ||||||
21 | (c) In so providing for the fares or charges and the nature | ||||||
22 | and standards of
public transportation, any purchase of service | ||||||
23 | agreements or grant contracts
shall provide, among other | ||||||
24 | matters, for the terms or cost of transfers
or interconnections | ||||||
25 | between different modes of transportation and
different public | ||||||
26 | transportation agencies, schedules or routes of such
service, |
| |||||||
| |||||||
1 | changes which may be made in such service, the nature and
| ||||||
2 | condition of the facilities used in providing service, the | ||||||
3 | manner of
collection and disposition of fares or charges, the | ||||||
4 | records and reports
to be kept and made concerning such | ||||||
5 | service, and for interchangeable
tickets or other coordinated | ||||||
6 | or uniform methods of collection of
charges , and shall further | ||||||
7 | require that the transportation agency comply with any | ||||||
8 | determination made by the Board of the Authority under and | ||||||
9 | subject to the provisions of Section 2.12b of this Act . In | ||||||
10 | regard to any such service, the Authority and the Service
| ||||||
11 | Boards shall give
attention to and may undertake programs to | ||||||
12 | promote use of public
transportation and to provide coordinated | ||||||
13 | ticket sales and passenger
information. In the case of a grant | ||||||
14 | to a transportation agency which
remains subject to Illinois | ||||||
15 | Commerce Commission supervision and
regulation, the Service | ||||||
16 | Boards shall exercise the powers
set forth in this
Section in a | ||||||
17 | manner consistent with such supervision and regulation by
the | ||||||
18 | Illinois Commerce Commission.
| ||||||
19 | (Source: P.A. 83-886.)
| ||||||
20 | (70 ILCS 3615/2.05) (from Ch. 111 2/3, par. 702.05)
| ||||||
21 | Sec. 2.05. Centralized Services; Acquisition and | ||||||
22 | Construction. | ||||||
23 | (a) The Authority may at the
request of two or more Service | ||||||
24 | Boards, serve, or designate a Service Board
to serve, as a | ||||||
25 | centralized purchasing agent for the Service Boards so |
| |||||||
| |||||||
1 | requesting.
| ||||||
2 | (b) The Authority may at the request of two or more Service | ||||||
3 | Boards perform
other centralized services such as ridership | ||||||
4 | information and transfers between
services under the | ||||||
5 | jurisdiction of the Service Boards where such centralized
| ||||||
6 | services financially benefit the region as a whole. Provided, | ||||||
7 | however,
that the Board may require transfers only upon an | ||||||
8 | affirmative vote of 12
9
of its then Directors.
| ||||||
9 | (c) A Service Board or the Authority may for the benefit of | ||||||
10 | a Service
Board, to meet its purposes, construct or acquire any | ||||||
11 | public
transportation facility for use by a Service Board
or | ||||||
12 | for use by any
transportation agency and may acquire any such | ||||||
13 | facilities from any
transportation agency, including also | ||||||
14 | without limitation any reserve funds,
employees' pension or | ||||||
15 | retirement funds, special funds, franchises,
licenses, | ||||||
16 | patents, permits and papers, documents and records of the | ||||||
17 | agency.
In connection with any such acquisition from a | ||||||
18 | transportation agency the
Authority may assume obligations of | ||||||
19 | the transportation agency with regard
to such facilities or | ||||||
20 | property or public transportation operations of such
agency.
| ||||||
21 | In connection with any construction or acquisition, the | ||||||
22 | Authority shall
make relocation payments as may be required by | ||||||
23 | federal law or by the
requirements of any federal agency | ||||||
24 | authorized to administer any federal
program of aid.
| ||||||
25 | (d) The Authority shall, after consulting with the Service | ||||||
26 | Boards, develop regionally coordinated and consolidated sales, |
| |||||||
| |||||||
1 | marketing, advertising, and public information programs that | ||||||
2 | promote the use and coordination of, and transfers among, | ||||||
3 | public transportation services in the metropolitan region. The | ||||||
4 | Authority shall develop and adopt, with the affirmative vote of | ||||||
5 | at least 12 of its then Directors, rules and regulations for | ||||||
6 | the Authority and the Service Boards regarding such programs to | ||||||
7 | ensure that the Service Boards' independent programs conform | ||||||
8 | with the Authority's regional programs.
| ||||||
9 | (Source: P.A. 83-886.)
| ||||||
10 | (70 ILCS 3615/2.09) (from Ch. 111 2/3, par. 702.09)
| ||||||
11 | Sec. 2.09. Research and Development. | ||||||
12 | (a) The Authority and the Service
Boards shall study public | ||||||
13 | transportation problems and
developments; encourage | ||||||
14 | experimentation in developing new public
transportation | ||||||
15 | technology, financing methods, and management procedures;
| ||||||
16 | conduct, in cooperation with other public and private agencies, | ||||||
17 | studies and
demonstration and development projects to test and | ||||||
18 | develop methods for
improving public transportation, for | ||||||
19 | reducing its costs to users or for
increasing public use; and | ||||||
20 | conduct, sponsor, and participate in other
studies and | ||||||
21 | experiments, which may include fare demonstration programs,
| ||||||
22 | useful to achieving the purposes of this Act.
The cost for any | ||||||
23 | such item authorized by this Section may be exempted
by the | ||||||
24 | Board in a budget ordinance from the "costs" included in | ||||||
25 | determining
that the Authority and its service
boards meet the |
| |||||||
| |||||||
1 | farebox recovery ratio or system generated revenues recovery
| ||||||
2 | ratio requirements of Sections 3A.10, 3B.10, 4.01(b), 4.09 and | ||||||
3 | 4.11 of this
Act and Section 34 of the Metropolitan Transit | ||||||
4 | Authority Act during the
Authority's fiscal year which begins | ||||||
5 | January 1, 1986 and ends December 31,
1986, provided that the | ||||||
6 | cost of any item authorized herein must be
specifically | ||||||
7 | approved within the budget adopted pursuant to Sections 4.01
| ||||||
8 | and 4.11 of this Act for that fiscal year.
| ||||||
9 | (b) To improve public transportation service in areas of | ||||||
10 | the metropolitan region with limited access to commuter rail | ||||||
11 | service, the Authority and the Suburban Bus Division shall | ||||||
12 | evaluate the feasibility of implementing new bus rapid transit | ||||||
13 | services using the expressway and tollway systems in the | ||||||
14 | metropolitan region. The Illinois Department of Transportation | ||||||
15 | and the Illinois Toll Highway Authority shall work | ||||||
16 | cooperatively with the Authority and the Suburban Bus Division | ||||||
17 | in that evaluation and in the implementation of bus rapid | ||||||
18 | transit services. The Authority and the Suburban Bus Division, | ||||||
19 | in cooperation with the Illinois Department of Transportation, | ||||||
20 | shall develop a bus rapid transit demonstration project on | ||||||
21 | Interstate 55 located in Will, DuPage, and Cook counties. This | ||||||
22 | demonstration project shall test and refine approaches to bus | ||||||
23 | rapid transit operations in the expressway or tollway shoulder | ||||||
24 | or regular travel lanes and shall investigate technology | ||||||
25 | options that facilitate the shared use of the transit lane and | ||||||
26 | provide revenue for financing construction and operation of |
| |||||||
| |||||||
1 | public transportation facilities.
| ||||||
2 | (c) The Suburban Bus Division and the Authority shall | ||||||
3 | cooperate in the development, funding, and operation of | ||||||
4 | programs to enhance access to job markets for residents in | ||||||
5 | south suburban Cook County. Beginning in 2008, the Authority | ||||||
6 | shall allocate to the Suburban Bus Division an amount not less | ||||||
7 | than $7,500,000 annually for the costs of such programs.
| ||||||
8 | (Source: P.A. 84-939.)
| ||||||
9 | (70 ILCS 3615/2.12) (from Ch. 111 2/3, par. 702.12)
| ||||||
10 | Sec. 2.12. Coordination with Planning Agencies. The | ||||||
11 | Authority and the Service Boards shall cooperate with the | ||||||
12 | various
public agencies charged
with responsibility for | ||||||
13 | long-range or comprehensive planning for the
metropolitan | ||||||
14 | region. The Authority shall utilize the official forecasts and | ||||||
15 | plans of the Chicago Metropolitan Agency for Planning in | ||||||
16 | developing the Strategic Plan and the Five-Year Capital | ||||||
17 | Program. The Authority and the Service Boards shall, prior
to | ||||||
18 | the adoption of any
Strategic Plan, as provided in Section | ||||||
19 | 2.01a of this Act, or the adoption of any Five-Year Capital
| ||||||
20 | Program, as provided in paragraph (b) of Section 2.01b
2.01 of | ||||||
21 | this
Act, submit its proposals to such agencies for review and | ||||||
22 | comment. The
Authority and the Service Boards may make use of | ||||||
23 | existing studies, surveys,
plans, data and other materials in | ||||||
24 | the possession of any State agency or
department, any planning | ||||||
25 | agency or any unit of local government.
|
| |||||||
| |||||||
1 | (Source: P.A. 83-886.)
| ||||||
2 | (70 ILCS 3615/2.12b new)
| ||||||
3 | Sec. 2.12b. Coordination of Fares and Service. Upon the | ||||||
4 | request of a Service Board, the Executive Director of the | ||||||
5 | Authority may, upon the affirmative vote of 9 of the then | ||||||
6 | Directors of the Authority, intervene in any matter involving | ||||||
7 | (i) a dispute between Service Boards or a Service Board and a | ||||||
8 | transportation agency providing service on behalf of a Service | ||||||
9 | Board with respect to the terms of transfer between, and the | ||||||
10 | allocation of revenues from fares and charges for, | ||||||
11 | transportation services provided by the parties or (ii) a | ||||||
12 | dispute between 2 Service Boards with respect to coordination | ||||||
13 | of service, route duplication, or a change in service. Any | ||||||
14 | Service Board or transportation agency involved in such dispute | ||||||
15 | shall meet with the Executive Director, cooperate in good faith | ||||||
16 | to attempt to resolve the dispute, and provide any books, | ||||||
17 | records, and other information requested by the Executive | ||||||
18 | Director. If the Executive Director is unable to mediate a | ||||||
19 | resolution of any dispute, he or she may provide a written | ||||||
20 | determination recommending a change in the fares or charges or | ||||||
21 | the allocation of revenues for such service or directing a | ||||||
22 | change in the nature or provider of service that is the subject | ||||||
23 | of the dispute. The Executive Director shall base such | ||||||
24 | determination upon the goals and objectives of the Strategic | ||||||
25 | Plan established pursuant to Section 2.01a(b). Such |
| |||||||
| |||||||
1 | determination shall be presented to the Board of the Authority | ||||||
2 | and, if approved by the affirmative vote of at least 9 of the | ||||||
3 | then Directors of the Authority, shall be final and shall be | ||||||
4 | implemented by any affected Service Board and transportation | ||||||
5 | agency within the time frame required by the determination.
| ||||||
6 | (70 ILCS 3615/2.14) (from Ch. 111 2/3, par. 702.14)
| ||||||
7 | Sec. 2.14. Appointment of Officers and Employees. The | ||||||
8 | Authority may appoint,
retain and employ officers, attorneys, | ||||||
9 | agents, engineers and employees.
The officers shall include an | ||||||
10 | Executive Director, who shall be the chief
executive officer of | ||||||
11 | the Authority, appointed by the Chairman with the concurrence
| ||||||
12 | of 11
9 of the other then Directors of the Board. The Executive | ||||||
13 | Director
shall organize the staff of the Authority, shall
| ||||||
14 | allocate their functions and duties, shall transfer such staff | ||||||
15 | to the
Suburban Bus Division and the Commuter Rail
Division as | ||||||
16 | is sufficient to meet their purposes, shall fix compensation
| ||||||
17 | and conditions of employment of the staff of the Authority, and | ||||||
18 | consistent
with the policies of and direction from the Board, | ||||||
19 | take all actions
necessary to achieve its purposes, fulfill
its | ||||||
20 | responsibilities and carry out its powers, and shall have such | ||||||
21 | other
powers and responsibilities as the Board shall determine. | ||||||
22 | The Executive
Director must be an individual
of proven | ||||||
23 | transportation and management skills and may not be a member of
| ||||||
24 | the Board. The Authority may employ its own professional
| ||||||
25 | management personnel to provide professional and technical |
| |||||||
| |||||||
1 | expertise concerning
its purposes and powers and to assist it | ||||||
2 | in assessing the performance of the
Service Boards in the | ||||||
3 | 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. 83-886.)
| ||||||
22 | (70 ILCS 3615/2.18a) (from Ch. 111 2/3, par. 702.18a)
| ||||||
23 | Sec. 2.18a. (a) The provisions of this Section apply to | ||||||
24 | collective bargaining
agreements (including extensions and | ||||||
25 | amendments to existing agreements)
between Service Boards or |
| |||||||
| |||||||
1 | transportation agencies subject to the jurisdiction
of Service | ||||||
2 | Boards and their employees, which are entered into after | ||||||
3 | January 1, 1984.
| ||||||
4 | (b) The Authority shall approve amended budgets prepared by | ||||||
5 | Service Boards
which incorporate the costs of collective | ||||||
6 | bargaining agreements between
Service Boards and their | ||||||
7 | employees. The Authority shall approve such an
amended budget | ||||||
8 | provided that it determines by the affirmative vote of 12
9
of | ||||||
9 | its then members that the amended budget meets the standards | ||||||
10 | established
in Section 4.11.
| ||||||
11 | (Source: P.A. 83-886.)
| ||||||
12 | (70 ILCS 3615/2.30) | ||||||
13 | Sec. 2.30. Paratransit services. | ||||||
14 | (a) For purposes of this Act, "ADA paratransit services" | ||||||
15 | shall mean those comparable or specialized transportation | ||||||
16 | services provided by, or under grant or purchase of service | ||||||
17 | contracts of, the Service Boards to individuals with | ||||||
18 | disabilities who are unable to use fixed route transportation | ||||||
19 | systems and who are determined to be eligible, for some or all | ||||||
20 | of their trips, for such services under the Americans with | ||||||
21 | Disabilities Act of 1990 and its implementing regulations. | ||||||
22 | (b) Beginning July 1, 2005, the Authority is responsible | ||||||
23 | for the funding, from amounts on deposit in the ADA Paratransit | ||||||
24 | Fund established under Section 2.01d of this Act, financial | ||||||
25 | review and oversight of all ADA paratransit services that are |
| |||||||
| |||||||
1 | provided by the Authority or by any of the Service Boards. The | ||||||
2 | Suburban Bus Board shall operate or provide for the operation | ||||||
3 | of all ADA paratransit services by no later than July 1, 2006, | ||||||
4 | except that this date may be extended to the extent necessary | ||||||
5 | to obtain approval from the Federal Transit Administration of | ||||||
6 | the plan prepared pursuant to subsection (c). | ||||||
7 | (c) No later than January 1, 2006, the Authority, in | ||||||
8 | collaboration with the Suburban Bus Board and the Chicago | ||||||
9 | Transit Authority, shall develop a plan for the provision of | ||||||
10 | ADA paratransit services and submit such plan to the Federal | ||||||
11 | Transit Administration for approval. Approval of such plan by | ||||||
12 | the Authority shall require the affirmative votes of 12
9 of | ||||||
13 | the then Directors. The Suburban Bus Board, the Chicago Transit | ||||||
14 | Authority and the Authority shall comply with the requirements | ||||||
15 | of the Americans with Disabilities Act of 1990 and its | ||||||
16 | implementing regulations in developing and approving such plan | ||||||
17 | including, without limitation, consulting with individuals | ||||||
18 | with disabilities and groups representing them in the | ||||||
19 | community, and providing adequate opportunity for public | ||||||
20 | comment and public hearings. The plan shall include the | ||||||
21 | contents required for a paratransit plan pursuant to the | ||||||
22 | Americans with Disabilities Act of 1990 and its implementing | ||||||
23 | regulations. The plan shall also include, without limitation, | ||||||
24 | provisions to: | ||||||
25 | (1) maintain, at a minimum, the levels of ADA | ||||||
26 | paratransit service that are required to be provided by the |
| |||||||
| |||||||
1 | Service Boards pursuant to the Americans with Disabilities | ||||||
2 | Act of 1990 and its implementing regulations; | ||||||
3 | (2) transfer the appropriate ADA paratransit services, | ||||||
4 | management, personnel, service contracts and assets from | ||||||
5 | the Chicago Transit Authority to the Authority or the | ||||||
6 | Suburban Bus Board, as necessary, by no later than July 1, | ||||||
7 | 2006, except that this date may be extended to the extent | ||||||
8 | necessary to obtain approval from the Federal Transit | ||||||
9 | Administration of the plan prepared pursuant to this | ||||||
10 | subsection (c); | ||||||
11 | (3) provide for consistent policies throughout the | ||||||
12 | metropolitan region for scheduling of ADA paratransit | ||||||
13 | service trips to and from destinations, with consideration | ||||||
14 | of scheduling of return trips on a "will-call" open-ended | ||||||
15 | basis upon request of the rider, if practicable, and with | ||||||
16 | consideration of an increased number of trips available by | ||||||
17 | subscription service than are available as of the effective | ||||||
18 | date of this amendatory Act; | ||||||
19 | (4) provide that service contracts and rates, entered | ||||||
20 | into or set after the approval by the Federal Transit | ||||||
21 | Administration of the plan prepared pursuant to subsection | ||||||
22 | (c) of this Section, with private carriers and taxicabs for | ||||||
23 | ADA paratransit service are procured by means of an open | ||||||
24 | procurement process; | ||||||
25 | (5) provide for fares, fare collection and billing | ||||||
26 | procedures for ADA paratransit services throughout the |
| |||||||
| |||||||
1 | metropolitan region; | ||||||
2 | (6) provide for performance standards for all ADA | ||||||
3 | paratransit service transportation carriers, with | ||||||
4 | consideration of door-to-door service; | ||||||
5 | (7) provide, in cooperation with the Illinois | ||||||
6 | Department of Transportation, the Illinois Department of | ||||||
7 | Public Aid and other appropriate public agencies and | ||||||
8 | private entities, for the application and receipt of | ||||||
9 | grants, including, without limitation, reimbursement from | ||||||
10 | Medicaid or other programs for ADA paratransit services; | ||||||
11 | (8) provide for a system of dispatch of ADA paratransit | ||||||
12 | services transportation carriers throughout the | ||||||
13 | metropolitan region, with consideration of county-based | ||||||
14 | dispatch systems already in place as of the effective date | ||||||
15 | of this amendatory Act; | ||||||
16 | (9) provide for a process of determining eligibility | ||||||
17 | for ADA paratransit services that complies with the | ||||||
18 | Americans with Disabilities Act of 1990 and its | ||||||
19 | implementing regulations; | ||||||
20 | (10) provide for consideration of innovative methods | ||||||
21 | to provide and fund ADA paratransit services; and | ||||||
22 | (11) provide for the creation of one or more ADA | ||||||
23 | advisory boards, or the reconstitution of the existing ADA | ||||||
24 | advisory boards for the Service Boards, to represent the | ||||||
25 | diversity of individuals with disabilities in the | ||||||
26 | metropolitan region and to provide appropriate ongoing |
| |||||||
| |||||||
1 | input from individuals with disabilities into the | ||||||
2 | operation of ADA paratransit services.
| ||||||
3 | (d) All revisions and annual updates to the ADA paratransit | ||||||
4 | services plan developed pursuant to subsection (c) of this | ||||||
5 | Section, or certifications of continued compliance in lieu of | ||||||
6 | plan updates, that are required to be provided to the Federal | ||||||
7 | Transit Administration shall be developed by the Authority, in | ||||||
8 | collaboration with the Suburban Bus Board and the Chicago | ||||||
9 | Transit Authority, and the Authority shall submit such | ||||||
10 | revision, update or certification to the Federal Transit | ||||||
11 | Administration for approval. Approval of such revisions, | ||||||
12 | updates or certifications by the Authority shall require the | ||||||
13 | affirmative votes of 12
9 of the then Directors. | ||||||
14 | (e) The Illinois Department of Transportation, the | ||||||
15 | Illinois Department of Public Aid, the Authority, the Suburban | ||||||
16 | Bus Board and the Chicago Transit Authority shall enter into | ||||||
17 | intergovernmental agreements as may be necessary to provide | ||||||
18 | funding and accountability for, and implementation of, the | ||||||
19 | requirements of this Section. | ||||||
20 | (f) By no later than April 1, 2007, the Authority shall | ||||||
21 | develop and submit to the General Assembly and the Governor a | ||||||
22 | funding plan for ADA paratransit services. Approval of such | ||||||
23 | plan by the Authority shall require the affirmative votes of 12
| ||||||
24 | 9 of the then Directors. The funding plan shall, at a minimum, | ||||||
25 | contain an analysis of the current costs of providing ADA | ||||||
26 | paratransit services, projections of the long-term costs of |
| |||||||
| |||||||
1 | providing ADA paratransit services, identification of and | ||||||
2 | recommendations for possible cost efficiencies in providing | ||||||
3 | ADA paratransit services, and identification of and | ||||||
4 | recommendations for possible funding sources for providing ADA | ||||||
5 | paratransit services. The Illinois Department of | ||||||
6 | Transportation, the Illinois Department of Public Aid, the | ||||||
7 | Suburban Bus Board, the Chicago Transit Authority and other | ||||||
8 | State and local public agencies as appropriate shall cooperate | ||||||
9 | with the Authority in the preparation of such funding plan. | ||||||
10 | (g) Any funds derived from the federal Medicaid program for | ||||||
11 | reimbursement of the costs of providing ADA paratransit | ||||||
12 | services within the metropolitan region shall be directed to | ||||||
13 | the Authority and shall be used to pay for or reimburse the | ||||||
14 | costs of providing such services. | ||||||
15 | (h) Nothing in this amendatory Act shall be construed to | ||||||
16 | conflict with the requirements of the Americans with | ||||||
17 | Disabilities Act of 1990 and its implementing regulations.
| ||||||
18 | (Source: P.A. 94-370, eff. 7-29-05.) | ||||||
19 | (70 ILCS 3615/2.31 new)
| ||||||
20 | Sec. 2.31. Disadvantaged Business Enterprise Contracting | ||||||
21 | and Equal Employment Opportunity Programs. The Authority and | ||||||
22 | each Service Board shall, as soon as is practicable but in no | ||||||
23 | event later than two years after the effective date of this | ||||||
24 | amendatory Act of the 95th General Assembly, establish and | ||||||
25 | maintain a disadvantaged business enterprise contracting |
| |||||||
| |||||||
1 | program designed to ensure non-discrimination in the award and | ||||||
2 | administration of contracts not covered under a federally | ||||||
3 | mandated disadvantaged business enterprise program. The | ||||||
4 | program shall establish narrowly tailored goals for the | ||||||
5 | participation of disadvantaged business enterprises as the | ||||||
6 | Authority and each Service Board determines appropriate. The | ||||||
7 | goals shall be based on demonstrable evidence of the | ||||||
8 | availability of ready, willing, and able disadvantaged | ||||||
9 | business enterprises relative to all businesses ready, | ||||||
10 | willing, and able to participate on the program's contracts. | ||||||
11 | The program shall require the Authority and each Service Board | ||||||
12 | to monitor the progress of the contractors' obligations with | ||||||
13 | respect to the program's goals. Nothing in this program shall | ||||||
14 | conflict with or interfere with the maintenance or operation | ||||||
15 | of, or compliance with, any federally mandated disadvantaged | ||||||
16 | business enterprise program. | ||||||
17 | The Authority and each Service Board shall establish and | ||||||
18 | maintain a program designed to promote equal employment | ||||||
19 | opportunity. Each year, no later than October 1, the Authority | ||||||
20 | and each Service Board shall report to the General Assembly on | ||||||
21 | the number of their respective employees and the number of | ||||||
22 | their respective employees who have designated themselves as | ||||||
23 | members of a minority group and gender. | ||||||
24 | Each year no later than October 1, and starting no later | ||||||
25 | than the October 1 after the establishment of their | ||||||
26 | disadvantaged business enterprise contracting programs, the |
| |||||||
| |||||||
1 | Authority and each Service Board shall submit a report with | ||||||
2 | respect to such program to the General Assembly. In addition, | ||||||
3 | each year no later than October 1, the Authority and each | ||||||
4 | Service Board shall submit a copy of its federally mandated | ||||||
5 | semi-annual Uniform Report of Disadvantaged Business | ||||||
6 | Enterprises Awards or Commitments and Payments to the General | ||||||
7 | Assembly.
| ||||||
8 | (70 ILCS 3615/3.01) (from Ch. 111 2/3, par. 703.01)
| ||||||
9 | Sec. 3.01. Board of Directors. The
Upon expiration of the | ||||||
10 | term of the members
of the Transition Board as provided for in | ||||||
11 | Section 3.09,
the corporate authorities and governing body of | ||||||
12 | the Authority shall
be a Board consisting of 13 Directors until | ||||||
13 | January 1, 2008, and 16 Directors thereafter, appointed as | ||||||
14 | follows:
| ||||||
15 | (a) Four Directors appointed by the Mayor of the City of
| ||||||
16 | Chicago, with the advice and consent of the City Council of the | ||||||
17 | City of
Chicago, and , only until January 1, 2008, a fifth | ||||||
18 | director who shall be the Chairman of the Chicago
Transit | ||||||
19 | Authority. After January 1, 2008, the Mayor of the City of | ||||||
20 | Chicago, with the advice and consent of the City Council of the | ||||||
21 | City of Chicago, shall appoint a fifth Director. The Directors | ||||||
22 | appointed by the Mayor of the City of Chicago shall not be the | ||||||
23 | chairman or a director of the Chicago Transit Authority. Each | ||||||
24 | such Director shall reside in the City of Chicago
except the | ||||||
25 | Chairman of the Chicago Transit Authority who shall reside
|
| |||||||
| |||||||
1 | within the metropolitan area as defined in the Metropolitan | ||||||
2 | Transit Authority Act .
| ||||||
3 | (b) Four Directors appointed by the votes of a majority of | ||||||
4 | the members of the Cook County Board
elected from that part of | ||||||
5 | Cook County outside of Chicago, or, in the
event such Board of | ||||||
6 | Commissioners becomes elected from single member
districts, by | ||||||
7 | those Commissioners elected from districts, a majority of
the | ||||||
8 | electors of which reside outside Chicago. After January 1, | ||||||
9 | 2008, a fifth Director appointed by the President of the Cook | ||||||
10 | County Board with the advice and consent of a majority of the | ||||||
11 | members of the Cook County Board.
In either case, such | ||||||
12 | appointment
shall be with the concurrence of four such | ||||||
13 | Commissioners.
Each such Director appointed under this | ||||||
14 | subparagraph shall reside in that part of Cook County outside
| ||||||
15 | Chicago.
| ||||||
16 | (c) Until January 1, 2008, 3 Directors appointed by the | ||||||
17 | Chairmen of the county boards of DuPage, Kane, Lake, McHenry, | ||||||
18 | and Will Counties, as follows:
| ||||||
19 | (i) Two Directors appointed by the Chairmen of the | ||||||
20 | county boards
of Kane, Lake, McHenry and Will Counties, | ||||||
21 | with the concurrence of not less
than a majority of the | ||||||
22 | Chairmen from such counties, from nominees by
the Chairmen. | ||||||
23 | Each such Chairman may nominate not more than 2 persons for
| ||||||
24 | each position. Each such Director shall reside in a county | ||||||
25 | in the metropolitan
region other than Cook or DuPage | ||||||
26 | Counties.
|
| |||||||
| |||||||
1 | (ii)
(d) One Director shall be appointed by the | ||||||
2 | Chairman
of the Board of DuPage County Board with the | ||||||
3 | advice and consent of the County
Board of DuPage County | ||||||
4 | Board. Such Director
and shall reside in DuPage County.
| ||||||
5 | (d) After January 1, 2008, 5 Directors appointed by the | ||||||
6 | Chairmen of the county boards of DuPage, Kane, Lake and McHenry | ||||||
7 | Counties and the County Executive of Will County, as follows:
| ||||||
8 | (i) One Director appointed by the Chairman of the Kane | ||||||
9 | County Board with advice and consent of the Kane County | ||||||
10 | Board. Such Director shall reside in Kane County.
| ||||||
11 | (ii) One Director appointed by the County Executive of | ||||||
12 | Will County with the advice and consent of the Will County | ||||||
13 | Board. Such Director shall reside in Will County.
| ||||||
14 | (iii) One Director appointed by the Chairman of the | ||||||
15 | DuPage County Board with the advice and consent of the | ||||||
16 | DuPage County Board. Such Director shall reside in DuPage | ||||||
17 | County.
| ||||||
18 | (iv) One Director appointed by the Chairman of the Lake | ||||||
19 | County Board with the advice and consent of the Lake County | ||||||
20 | Board. Such Director shall reside in Lake County.
| ||||||
21 | (v) One Director appointed by the Chairman of the | ||||||
22 | McHenry County Board with the advice and consent of the | ||||||
23 | McHenry County Board. Such Director shall reside in McHenry | ||||||
24 | County.
| ||||||
25 | (vi) To implement the changes in appointing authority | ||||||
26 | under this subparagraph (d) the three Directors appointed |
| |||||||
| |||||||
1 | under subparagraph (c) and residing in Lake County, DuPage | ||||||
2 | County, and Kane County respectively shall each continue to | ||||||
3 | serve as Director until the expiration of their respective | ||||||
4 | term of office and until his or her successor is appointed | ||||||
5 | and qualified or a vacancy occurs in the office. Thereupon, | ||||||
6 | the appointment shall be made by the officials given | ||||||
7 | appointing authority with respect to the Director whose | ||||||
8 | term has expired or office has become vacant.
| ||||||
9 | (e)
The Chairman serving on the effective date of this | ||||||
10 | amendatory Act of the 95th General Assembly shall continue to | ||||||
11 | serve as Chairman until the expiration of his or her term of | ||||||
12 | office and until his or her successor is appointed and | ||||||
13 | qualified or a vacancy occurs in the office
Before January 1, | ||||||
14 | 1987, for the term expiring July 1,
1989, the Chairman shall be | ||||||
15 | appointed
by the Governor. Thereafter the Chairman shall be | ||||||
16 | appointed by the other
12 Directors
with the concurrence of | ||||||
17 | three-fourths of such Directors . Upon the expiration or vacancy | ||||||
18 | of the term of the Chairman then serving upon the effective | ||||||
19 | date of this amendatory Act of the 95th General Assembly, the | ||||||
20 | Chairman shall be appointed by the other Directors, by the | ||||||
21 | affirmative vote of at least 11 of the then Directors, with at | ||||||
22 | least 2 affirmative votes from Directors who reside in the City | ||||||
23 | of Chicago, at least 2 affirmative votes from Directors who | ||||||
24 | reside in Cook County outside the City of Chicago, and at least | ||||||
25 | 2 affirmative votes from Directors who reside in the Counties | ||||||
26 | of DuPage, Lake, Will, Kane, or McHenry. The
chairman shall not |
| |||||||
| |||||||
1 | be appointed from among the other Directors. The chairman
shall | ||||||
2 | be a resident of the metropolitan region.
| ||||||
3 | (f) Except as otherwise provided by this Act no Director
| ||||||
4 | shall, while serving as such, be an officer,
a member of the | ||||||
5 | Board of Directors or Trustees or an employee of any Service | ||||||
6 | Board or transportation
agency, or be an employee of the State | ||||||
7 | of Illinois or any department or
agency thereof, or of any unit | ||||||
8 | of local government or receive any compensation
from any | ||||||
9 | elected or appointed office under the Constitution and laws of
| ||||||
10 | Illinois; except that a Director may be a member of a school | ||||||
11 | board.
| ||||||
12 | (g) Each appointment made under this Section and
under | ||||||
13 | Section 3.03 shall be certified by the appointing authority to | ||||||
14 | the
Board, which shall maintain the certifications as part of | ||||||
15 | the official
records of the Authority ; provided that the | ||||||
16 | initial appointments shall
be certified to the Secretary of | ||||||
17 | State, who shall transmit the
certifications to the Board | ||||||
18 | following its organization. All appointments
made by the | ||||||
19 | Governor shall be made with the advice and consent of the | ||||||
20 | Senate .
| ||||||
21 | (h) (Blank).
The Board of Directors shall be so appointed | ||||||
22 | as to represent the
City of Chicago, that part of Cook County | ||||||
23 | outside the City of Chicago,
and that part of the metropolitan | ||||||
24 | region outside Cook County on the one
man one vote basis. After | ||||||
25 | each Federal decennial census the General
Assembly shall review | ||||||
26 | the composition of the Board and, if a change is
needed to |
| |||||||
| |||||||
1 | comply with this requirement, shall provide for the necessary
| ||||||
2 | revision by July 1 of the third year after such census.
| ||||||
3 | Provided, however, that the Chairman of the Chicago Transit | ||||||
4 | Authority
shall be a Director of the Authority and shall be | ||||||
5 | considered as representing
the City of Chicago for purposes of | ||||||
6 | this paragraph.
| ||||||
7 | Insofar as may be practicable, the changes in Board | ||||||
8 | membership
necessary to achieve this purpose shall take effect | ||||||
9 | as appropriate
members terms expire, no member's term being | ||||||
10 | reduced by reason of such
revision of the composition of the | ||||||
11 | Board.
| ||||||
12 | (Source: P.A. 83-1417.)
| ||||||
13 | (70 ILCS 3615/3.03) (from Ch. 111 2/3, par. 703.03)
| ||||||
14 | Sec. 3.03. Terms, vacancies. Each Director , including the | ||||||
15 | Chairman,
shall be appointed for an initial term as provided | ||||||
16 | for in Section 3.10
of this Act. Thereafter, each Director
| ||||||
17 | shall hold office for a term of 5
years, and until his | ||||||
18 | successor has been appointed and has qualified. A
vacancy shall | ||||||
19 | occur upon resignation, death, conviction of a felony, or
| ||||||
20 | removal from office of a Director. Any Director may be removed | ||||||
21 | from office
upon concurrence of not less than 11
9 Directors, | ||||||
22 | on a formal finding of
incompetence, neglect of duty, or | ||||||
23 | malfeasance in office. Within 30 days
after the office of any | ||||||
24 | member becomes vacant for any reason, the
appointing | ||||||
25 | authorities of such member shall make an appointment to fill |
| |||||||
| |||||||
1 | the
vacancy. A vacancy shall be filled for the unexpired term.
| ||||||
2 | Whenever
After October 1, 1984, whenever a vacancy for a | ||||||
3 | Director, except as
to the Chairman or those Directors | ||||||
4 | appointed by the Governor or the Mayor of the City
of Chicago, | ||||||
5 | exists for longer than 4 months, the new Director shall be
| ||||||
6 | chosen by election by all legislative members in the General | ||||||
7 | Assembly
representing the affected area. In order to qualify as | ||||||
8 | a
voting legislative member in this matter, the affected
area | ||||||
9 | must be more than 50% of the geographic area of the legislative | ||||||
10 | district.
| ||||||
11 | (Source: P.A. 86-1475.)
| ||||||
12 | (70 ILCS 3615/3.05) (from Ch. 111 2/3, par. 703.05)
| ||||||
13 | Sec. 3.05. Meetings. The Board shall prescribe the times | ||||||
14 | and places for meetings and the
manner in which special | ||||||
15 | meetings may be called. The Board shall comply
in all respects | ||||||
16 | with the "Open Meetings Act", approved July 11,
1957, as now or | ||||||
17 | hereafter amended. All records, documents and papers of
the | ||||||
18 | Authority, other than those relating to matters concerning | ||||||
19 | which
closed sessions of the Board may be held, shall be | ||||||
20 | available for public
examination, subject to such reasonable | ||||||
21 | regulations as the Board may
adopt.
| ||||||
22 | A majority of the Directors holding office shall constitute | ||||||
23 | a quorum
for the conduct of business. Except as otherwise | ||||||
24 | provided in this Act,
the affirmative votes of at least 9
7
| ||||||
25 | Directors shall be necessary for
approving any contract or |
| |||||||
| |||||||
1 | agreement, adopting any rule or regulation,
and any other | ||||||
2 | action required by this Act to be taken by resolution or
| ||||||
3 | ordinance.
| ||||||
4 | The Board shall meet with the Regional Citizens Advisory | ||||||
5 | Board at least
once every 4 months.
| ||||||
6 | (Source: P.A. 83-886.)
| ||||||
7 | (70 ILCS 3615/3A.10) (from Ch. 111 2/3, par. 703A.10)
| ||||||
8 | Sec. 3A.10. Budget and Program. The Suburban Bus Board, | ||||||
9 | subject to
the powers of the Authority in Section 4.11, shall | ||||||
10 | control the finances
of the Division. It shall by ordinance | ||||||
11 | appropriate money to perform the
Division's purposes and | ||||||
12 | provide for payment of debts and expenses of the
Division. Each | ||||||
13 | year the Suburban Bus Board shall prepare and publish a | ||||||
14 | comprehensive
annual budget and proposed five-year capital
| ||||||
15 | program document, and a financial plan for the 2 years
| ||||||
16 | thereafter describing the state of the Division and presenting | ||||||
17 | for the forthcoming
fiscal year and the 2 following years the | ||||||
18 | Suburban Bus Board's plans for
such operations and capital | ||||||
19 | expenditures as it intends to undertake and
the means by which | ||||||
20 | it intends to finance them. The proposed budget ,
and
financial | ||||||
21 | plan , and five-year capital program shall be based on the | ||||||
22 | Authority's estimate of funds to be
made available to the | ||||||
23 | Suburban Bus Board by or through the Authority and
shall | ||||||
24 | conform in all respects to the requirements established by the | ||||||
25 | Authority.
The proposed program and budget , financial plan, and |
| |||||||
| |||||||
1 | five-year capital program shall contain a statement of the | ||||||
2 | funds estimated
to be on hand at the beginning of the fiscal | ||||||
3 | year, the funds estimated to
be received from all sources for | ||||||
4 | such year and the funds estimated to be
on hand at the end of | ||||||
5 | such year. After adoption of the Authority's first
Five-Year | ||||||
6 | Program, as provided in Section 2.01 of this Act, the proposed
| ||||||
7 | program and budget shall specifically identify any respect in | ||||||
8 | which the
recommended program deviates from the Authority's | ||||||
9 | then existing Five-Year
Program, giving the reasons for such | ||||||
10 | deviation. The fiscal year of the
Division shall be the same as | ||||||
11 | the fiscal year of the Authority. Before
the proposed budget ,
| ||||||
12 | and program and financial plan , and five-year capital program
| ||||||
13 | are submitted to the
Authority, the Suburban Bus Board shall | ||||||
14 | hold at least one public hearing
thereon in each of the | ||||||
15 | counties in the metropolitan region in which the
Division | ||||||
16 | provides service. The Suburban Bus Board shall hold at least
| ||||||
17 | one meeting for consideration of the proposed program and
| ||||||
18 | budget , financial plan, and five-year capital program with the
| ||||||
19 | county board of each of the several counties in the | ||||||
20 | metropolitan region
in which the Division provides service. | ||||||
21 | After conducting such hearings
and holding such meetings and | ||||||
22 | after making such changes in the proposed
program and budget , | ||||||
23 | financial plan, and five-year capital program as the Suburban | ||||||
24 | Bus Board deems appropriate, it shall
adopt an annual budget | ||||||
25 | ordinance at least by November 15 next preceding
the beginning | ||||||
26 | of each fiscal year. The budget ,
and program, and financial
|
| |||||||
| |||||||
1 | plan , and five-year capital program shall then be submitted to | ||||||
2 | the Authority as provided in Section 4.11. In the event
that | ||||||
3 | the Board of the Authority determines that the budget and | ||||||
4 | program,
and financial plan do not meet the standards of | ||||||
5 | Section 4.11, the Suburban
Bus Board shall make such changes as | ||||||
6 | are necessary to meet such requirements
and adopt an amended | ||||||
7 | budget ordinance. The amended budget ordinance shall
be | ||||||
8 | resubmitted to the Authority pursuant to Section 4.11. The | ||||||
9 | ordinance
shall appropriate such sums of money as are deemed | ||||||
10 | necessary to defray
all necessary expenses and obligations of | ||||||
11 | the Division, specifying purposes
and the objects or programs | ||||||
12 | for which appropriations are made and the amount
appropriated | ||||||
13 | for each object or program. Additional appropriations, | ||||||
14 | transfers
between items and other changes in such ordinance | ||||||
15 | which do not alter the
basis upon which the balanced budget | ||||||
16 | determination was made by the Board
of the Authority may be | ||||||
17 | made from time to
time by the Suburban Bus Board.
| ||||||
18 | The budget shall:
| ||||||
19 | (i) show a balance between (A) anticipated revenues | ||||||
20 | from all sources including
operating subsidies and (B) the | ||||||
21 | costs of providing the services specified
and of funding | ||||||
22 | any operating deficits or encumbrances incurred in prior
| ||||||
23 | periods, including provision for payment when due of | ||||||
24 | principal and interest
on outstanding indebtedness;
| ||||||
25 | (ii) show cash balances including the proceeds of any | ||||||
26 | anticipated cash
flow borrowing sufficient to pay with |
| |||||||
| |||||||
1 | reasonable promptness all costs and
expenses as incurred;
| ||||||
2 | (iii) provide for a level of fares or charges and | ||||||
3 | operating or administrative
costs for the public | ||||||
4 | transportation provided by or subject to the jurisdiction
| ||||||
5 | of the Suburban Bus Board sufficient
to allow the Suburban | ||||||
6 | Bus Board to meet its required system generated revenues
| ||||||
7 | recovery ratio and, beginning with the 2007 fiscal year, | ||||||
8 | its system generated ADA paratransit services revenue | ||||||
9 | recovery ratio;
| ||||||
10 | (iv) be based upon and employ assumptions and | ||||||
11 | projections which are reasonable
and prudent;
| ||||||
12 | (v) have been prepared in accordance with sound | ||||||
13 | financial practices as
determined by the Board of the | ||||||
14 | Authority; and
| ||||||
15 | (vi) meet such other uniform financial, budgetary, or | ||||||
16 | fiscal requirements
that the Board of the Authority may by | ||||||
17 | rule or regulation establish ; and
.
| ||||||
18 | (vii) be consistent with the goals and objectives | ||||||
19 | adopted by the Regional Transportation Authority in the | ||||||
20 | Strategic Plan.
| ||||||
21 | (Source: P.A. 94-370, eff. 7-29-05.)
| ||||||
22 | (70 ILCS 3615/3A.11) (from Ch. 111 2/3, par. 703A.11)
| ||||||
23 | Sec. 3A.11. Citizens Advisory Board. The Suburban Bus Board | ||||||
24 | shall establish
a citizens advisory board composed of 10 | ||||||
25 | residents of those portions of
the metropolitan region in which |
| |||||||
| |||||||
1 | the Suburban Bus Board provides service
who have an interest in | ||||||
2 | public transportation. The members of the advisory
board shall | ||||||
3 | be named for 2 year terms, shall select one of their members
to | ||||||
4 | serve as chairman and shall serve without compensation. The | ||||||
5 | citizens
advisory board shall meet with the Suburban Bus Board | ||||||
6 | at least quarterly
and advise the Suburban Bus Board of the | ||||||
7 | impact of its policies and programs
on the communities it | ||||||
8 | serves. Appointments to the citizens advisory board should, to | ||||||
9 | the greatest extent possible, reflect the ethnic, cultural, and | ||||||
10 | geographic diversity of all persons residing within the | ||||||
11 | Suburban Bus Board's jurisdiction.
| ||||||
12 | (Source: P.A. 83-886.)
| ||||||
13 | (70 ILCS 3615/3A.14) (from Ch. 111 2/3, par. 703A.14)
| ||||||
14 | Sec. 3A.14. Labor. (a) The provisions of this Section apply | ||||||
15 | to collective
bargaining agreements (including extensions and | ||||||
16 | amendments of existing agreements)
entered into on or after | ||||||
17 | January 1, 1984.
| ||||||
18 | (b) The Suburban Bus Board
shall deal with and enter into | ||||||
19 | written contracts with their employees, through
accredited | ||||||
20 | representatives of such employees authorized to act for such
| ||||||
21 | employees concerning wages, salaries, hours, working | ||||||
22 | conditions, and pension
or retirement provisions about which a | ||||||
23 | collective bargaining agreement has
been entered prior to the | ||||||
24 | effective date of this amendatory Act of 1983.
Any such | ||||||
25 | agreement of the Suburban Bus Board shall provide that the |
| |||||||
| |||||||
1 | agreement
may be reopened if the amended budget submitted | ||||||
2 | pursuant to Section 2.18a
of this Act is not approved by the | ||||||
3 | Board of the Authority.
The agreement may not include a | ||||||
4 | provision requiring the payment of wage
increases based on | ||||||
5 | changes in the Consumer Price Index.
The Suburban Bus Board | ||||||
6 | shall not have the
authority to enter collective bargaining | ||||||
7 | agreements with respect to inherent
management rights, which | ||||||
8 | include such areas of discretion or policy as the
functions of | ||||||
9 | the employer, standards of services, its overall budget, the
| ||||||
10 | organizational structure and selection of new employees and | ||||||
11 | direction of
personnel. Employers, however, shall be required | ||||||
12 | to bargain collectively
with regard to policy matters directly | ||||||
13 | affecting wages, hours and terms
and conditions of employment, | ||||||
14 | as well as the impact thereon, upon request
by employee | ||||||
15 | representatives. To preserve the rights of employers and | ||||||
16 | exclusive
representatives which have established collective | ||||||
17 | bargaining relationships
or negotiated collective bargaining | ||||||
18 | agreements prior to the effective date
of this amendatory Act | ||||||
19 | of 1983, employers shall be required to bargain collectively
| ||||||
20 | with regard to any matter concerning wages, hours or conditions | ||||||
21 | of employment
about which they have bargained prior to the | ||||||
22 | effective date of this amendatory
Act of 1983.
| ||||||
23 | (c) The collective bargaining agreement may not include a | ||||||
24 | prohibition on
the use of part-time operators on any service | ||||||
25 | operated by
the Suburban Bus Board except where prohibited by | ||||||
26 | federal law.
|
| |||||||
| |||||||
1 | (d) Within 30 days of the signing of any such collective | ||||||
2 | bargaining agreement,
the Suburban Bus Board shall determine | ||||||
3 | the costs of each provision of the
agreement, prepare an | ||||||
4 | amended budget incorporating the costs of the agreement,
and | ||||||
5 | present the amended budget
to the Board of the Authority for | ||||||
6 | its approval under Section 4.11. The
Board may approve the | ||||||
7 | amended budget by an affirmative vote of 12
9 of its
then | ||||||
8 | Directors. If the budget is not approved by the Board of the | ||||||
9 | Authority,
the agreement may be reopened and its terms may be | ||||||
10 | renegotiated. Any amended
budget which may be prepared
| ||||||
11 | following renegotiation shall be presented to the Board of the | ||||||
12 | Authority
for its approval in like manner.
| ||||||
13 | (Source: P.A. 83-886.)
| ||||||
14 | (70 ILCS 3615/3B.02) (from Ch. 111 2/3, par. 703B.02)
| ||||||
15 | Sec. 3B.02. Commuter Rail Board. | ||||||
16 | (a) Until January 1, 2008, the
The governing body of the | ||||||
17 | Commuter
Rail Division shall be a board consisting of 7 | ||||||
18 | directors appointed pursuant
to Sections 3B.03 and 3B.04, as | ||||||
19 | follows:
| ||||||
20 | (1)
(a) One director shall be appointed by the Chairman | ||||||
21 | of the Board of DuPage
County with the advice and consent | ||||||
22 | of the County Board of DuPage County
and shall reside in | ||||||
23 | DuPage County .
;
| ||||||
24 | (2)
(b) Two directors appointed by the Chairmen of the | ||||||
25 | County Boards of Kane,
Lake, McHenry and Will Counties with |
| |||||||
| |||||||
1 | the concurrence of not less than a
majority of the chairmen | ||||||
2 | from such counties, from nominees by the Chairmen.
Each | ||||||
3 | such chairman may nominate not more than two persons for | ||||||
4 | each position.
Each such director shall reside in a county | ||||||
5 | in the metropolitan region other
than Cook or DuPage | ||||||
6 | County.
| ||||||
7 | (3)
(c) Three directors appointed by the members of the | ||||||
8 | Cook County Board elected
from that part of Cook County | ||||||
9 | outside of Chicago, or, in the event such Board
of | ||||||
10 | Commissioners becomes elected from single member | ||||||
11 | districts, by those
Commissioners elected from districts, | ||||||
12 | a majority of the residents of which
reside outside | ||||||
13 | Chicago. In either case, such appointment shall be with
the | ||||||
14 | concurrence of four such Commissioners. Each such director | ||||||
15 | shall reside
in that part of Cook County outside Chicago.
| ||||||
16 | (4)
(d) One director appointed by the Mayor of the City | ||||||
17 | of Chicago, with the
advice and consent of the City Council | ||||||
18 | of the City of Chicago. Such director
shall reside in the | ||||||
19 | City of Chicago.
| ||||||
20 | (5) The chairman shall be appointed by the directors, | ||||||
21 | from the members of
the board, with the concurrence of 5 of | ||||||
22 | such directors.
| ||||||
23 | (b) After January 1, 2008 the governing body of the | ||||||
24 | Commuter Rail Division shall be a board consisting of 11 | ||||||
25 | directors appointed, pursuant to Sections 3B.03 and 3B.04, as | ||||||
26 | follows:
|
| |||||||
| |||||||
1 | (1) One Director shall be appointed by the Chairman of | ||||||
2 | the DuPage County Board with the advice and consent of the | ||||||
3 | DuPage County Board and shall reside in DuPage County. To | ||||||
4 | implement the changes in appointing authority under this | ||||||
5 | Section, upon the expiration of the term of or vacancy in | ||||||
6 | office of the Director appointed under item (1) of | ||||||
7 | subsection (a) of this Section who resides in DuPage | ||||||
8 | County, a Director shall be appointed under this | ||||||
9 | subparagraph.
| ||||||
10 | (2) One Director shall be appointed by the Chairman of | ||||||
11 | the McHenry County Board with the advice and consent of the | ||||||
12 | McHenry County Board and shall reside in McHenry County. To | ||||||
13 | implement the change in appointing authority under this | ||||||
14 | Section, upon the expiration of the term of or vacancy in | ||||||
15 | office of the Director appointed under item (2) of | ||||||
16 | subsection (a) of this Section who resides in McHenry | ||||||
17 | County, a Director shall be appointed under this | ||||||
18 | subparagraph.
| ||||||
19 | (3) One Director shall be appointed by the Will County | ||||||
20 | Executive with the advice and consent of the Will County | ||||||
21 | Board and shall reside in Will County. To implement the | ||||||
22 | change in appointing authority under this Section, upon the | ||||||
23 | expiration of the term of or vacancy in office of the | ||||||
24 | Director appointed under item (2) of subsection (a) of this | ||||||
25 | Section who resides in Will County, a Director shall be | ||||||
26 | appointed under this subparagraph.
|
| |||||||
| |||||||
1 | (4) One Director shall be appointed by the Chairman of | ||||||
2 | the Lake County Board with the advice and consent of the | ||||||
3 | Lake County Board and shall reside in Lake County.
| ||||||
4 | (5) One Director shall be appointed by the Chairman of | ||||||
5 | the Kane County Board with the advice and consent of the | ||||||
6 | Kane County Board and shall reside in Kane County.
| ||||||
7 | (6) One Director shall be appointed by the Mayor of the | ||||||
8 | City of Chicago with the advice and consent of the City | ||||||
9 | Council of the City of Chicago and shall reside in the City | ||||||
10 | of Chicago. To implement the changes in appointing | ||||||
11 | authority under this Section, upon the expiration of the | ||||||
12 | term of or vacancy in office of the Director appointed | ||||||
13 | under item (4) of subsection (a) of this Section who | ||||||
14 | resides in the City of Chicago, a Director shall be | ||||||
15 | appointed under this subparagraph.
| ||||||
16 | (7) Five Directors residing in Cook County outside of | ||||||
17 | the City of Chicago, as follows: | ||||||
18 | (i) One Director who resides in Cook County outside | ||||||
19 | of the City of Chicago, appointed by the President of | ||||||
20 | the Cook County Board with the advice and consent of a | ||||||
21 | majority of the members of the Cook County Board. | ||||||
22 | (ii) One Director who resides in the township of | ||||||
23 | Barrington, Palatine, Wheeling, Hanover, Schaumburg, | ||||||
24 | or Elk Grove. To implement the changes in appointing | ||||||
25 | authority under this Section, upon the expiration of | ||||||
26 | the term of or vacancy in office of the Director |
| |||||||
| |||||||
1 | appointed under paragraph (3) of subsection (a) of this | ||||||
2 | Section who resides in the geographic area described in | ||||||
3 | this subparagraph, a Director shall be appointed under | ||||||
4 | this subparagraph. | ||||||
5 | (iii) One Director who resides in the township of | ||||||
6 | Northfield, New Trier, Maine, Niles, Evanston, Leyden, | ||||||
7 | Norwood Park, River Forest, or Oak Park. | ||||||
8 | (iv) One Director who resides in the township of | ||||||
9 | Proviso, Riverside, Berwyn, Cicero, Lyons, Stickney, | ||||||
10 | Lemont, Palos, or Orland. To implement the changes in | ||||||
11 | appointing authority under this Section, upon the | ||||||
12 | expiration of the term of or vacancy in office of the | ||||||
13 | Director appointed under paragraph (3) of subsection | ||||||
14 | (a) of this Section who resides in the geographic area | ||||||
15 | described in this subparagraph and whose term of office | ||||||
16 | had not expired as of August 1, 2007, a Director shall | ||||||
17 | be appointed under this subparagraph. | ||||||
18 | (v) One Director who resides in the township of | ||||||
19 | Worth, Calumet, Bremen, Thornton, Rich, or Bloom. To | ||||||
20 | implement the changes in appointing authority under | ||||||
21 | this Section, upon the expiration of the term of or | ||||||
22 | vacancy in office of the Director appointed under | ||||||
23 | paragraph (3) of subsection (a) of this Section who | ||||||
24 | resides in the geographic area described in this | ||||||
25 | subparagraph and whose term of office had expired as of | ||||||
26 | August 1, 2007, a Director shall be appointed under |
| |||||||
| |||||||
1 | this subparagraph. | ||||||
2 | (vi) The Directors identified under the provisions | ||||||
3 | of subparagraphs (ii) through (v) of this paragraph (7) | ||||||
4 | shall be appointed by the members of the Cook County | ||||||
5 | Board. Each individual Director shall be appointed by | ||||||
6 | those members of the Cook County Board whose Board | ||||||
7 | districts overlap in whole or in part with the | ||||||
8 | geographic territory described in the relevant | ||||||
9 | subparagraph. The vote of County Board members | ||||||
10 | eligible to appoint directors under the provisions of | ||||||
11 | subparagraphs (ii) through (v) of this paragraph (7) | ||||||
12 | shall be weighted by the number of electors residing in | ||||||
13 | those portions of their Board districts within the | ||||||
14 | geographic territory described in the relevant | ||||||
15 | subparagraph (ii) through (v) of this paragraph (7). In | ||||||
16 | the event that the geographic territory of an election | ||||||
17 | precinct overlaps with more than one of the geographic | ||||||
18 | territories described in subparagraphs (ii) through | ||||||
19 | (v) of this paragraph (7), then for purposes of | ||||||
20 | establishing the weighted vote in this subparagraph | ||||||
21 | (vi) the electors for such precinct shall be allocated | ||||||
22 | to the geographic territory in which the majority of | ||||||
23 | the electors in that precinct reside.
| ||||||
24 | (8) The chairman shall be appointed by the directors, | ||||||
25 | from the members of the board, with the concurrence of 8 of | ||||||
26 | such directors. To implement the changes in appointing |
| |||||||
| |||||||
1 | authority under this Section, upon the expiration of the | ||||||
2 | term of or vacancy in office of the Chairman appointed | ||||||
3 | under item (5) of subsection (a) of this Section, a | ||||||
4 | Chairman shall be appointed under this subparagraph.
| ||||||
5 | (c) No director, while serving as such, shall be an | ||||||
6 | officer, a member of the
board of directors or trustee or an | ||||||
7 | employee of any transportation agency,
or be an employee of the | ||||||
8 | State of Illinois or any department or agency thereof,
or of | ||||||
9 | any unit of local government or receive any compensation from | ||||||
10 | any
elected or appointed office under the Constitution and laws | ||||||
11 | of Illinois.
| ||||||
12 | (d) Each appointment made under subsections (a) and (b) of | ||||||
13 | this Section
paragraphs (a) through (d) and under Section
3B.03 | ||||||
14 | shall be certified by the appointing authority to the Commuter | ||||||
15 | Rail Board
which shall maintain the certifications as part of | ||||||
16 | the official records
of the Commuter Rail Board ; provided that | ||||||
17 | the initial appointments shall
be certified to the Secretary of | ||||||
18 | State, who shall transmit the certifications
to the Commuter | ||||||
19 | Rail Board following its organization .
| ||||||
20 | Appointments to the Commuter Rail Board shall be | ||||||
21 | apportioned so as to represent
the City of Chicago, that part | ||||||
22 | of Cook County outside of the City of Chicago,
and DuPage | ||||||
23 | County and that part of the metropolitan region other than Cook
| ||||||
24 | and DuPage Counties based on morning boardings of the services | ||||||
25 | provided
by the Commuter Rail Division as certified to the
| ||||||
26 | Board of the Authority by the Commuter Rail Board, provided |
| |||||||
| |||||||
1 | however that
the Mayor of the City of Chicago shall appoint no | ||||||
2 | fewer than 1 member of
the Commuter Rail Board. Within two | ||||||
3 | years after each federal decennial
census, the Board of the | ||||||
4 | Authority shall review the composition of the Commuter
Rail | ||||||
5 | Board and, if change is needed to comply with this requirement, | ||||||
6 | shall
provide for the necessary reapportionment by July 1 of | ||||||
7 | the second year after
such census. Insofar as may be | ||||||
8 | practicable, the changes in board membership
necessary to | ||||||
9 | achieve this purpose shall take effect as appropriate members
| ||||||
10 | terms expire, no member's term being reduced by reason of such | ||||||
11 | revision
of the composition of the Commuter Rail Board.
| ||||||
12 | (Source: P.A. 83-886.)
| ||||||
13 | (70 ILCS 3615/3B.03) (from Ch. 111 2/3, par. 703B.03)
| ||||||
14 | Sec. 3B.03. Terms, Vacancies. Each
The initial term of the | ||||||
15 | director appointed
pursuant to subdivision (a) of Section 3B.02 | ||||||
16 | and the initial
term of one of the directors appointed pursuant | ||||||
17 | to subdivision (b) of
Section 3B.02 shall expire on June 30, | ||||||
18 | 1985;
the initial term of one of the directors appointed | ||||||
19 | pursuant to
subdivision (b) of Section 3B.02 and the initial | ||||||
20 | term of one of the
directors appointed pursuant to subdivision | ||||||
21 | (c) of Section
3B.02 shall expire on June 30, 1986; the initial | ||||||
22 | terms of two of the
directors appointed pursuant to subdivision | ||||||
23 | (c) of Section 3B.02
shall expire on June 30, 1987; the initial | ||||||
24 | term of the director appointed
pursuant to subdivision (d) of | ||||||
25 | Section 3B.02
shall expire on June 30, 1988. Thereafter, each
|
| |||||||
| |||||||
1 | director shall be appointed
for a term of 4 years, and until | ||||||
2 | his successor has been appointed and
qualified. A vacancy shall | ||||||
3 | occur upon the resignation, death, conviction
of a felony, or | ||||||
4 | removal from office of a director. Any director may be
removed | ||||||
5 | from office upon the concurrence of not less than 6 directors, | ||||||
6 | on
a formal finding of incompetence, neglect of duty, or | ||||||
7 | malfeasance in office.
Within 30 days after the office of any | ||||||
8 | director becomes vacant for any reason,
the appropriate | ||||||
9 | appointing authorities of such director, as provided
in Section | ||||||
10 | 3B.02, shall make an appointment to
fill the vacancy. A vacancy | ||||||
11 | shall be filled for the unexpired term.
| ||||||
12 | (Source: P.A. 84-939.)
| ||||||
13 | (70 ILCS 3615/3B.05) (from Ch. 111 2/3, par. 703B.05)
| ||||||
14 | Sec. 3B.05. Appointment of officers and employees. The | ||||||
15 | Commuter Rail
Board shall appoint an Executive Director who | ||||||
16 | shall
be the chief executive officer of the Division, | ||||||
17 | appointed, retained or dismissed
with the concurrence of 7
6 of | ||||||
18 | the directors of the Commuter Rail Board.
The Executive | ||||||
19 | Director shall appoint, retain and employ officers, attorneys,
| ||||||
20 | agents, engineers, employees and shall organize the staff, | ||||||
21 | shall allocate
their functions and duties, fix compensation and | ||||||
22 | conditions of employment,
and consistent with the policies
of | ||||||
23 | and direction from the Commuter Rail Board take all actions | ||||||
24 | necessary
to achieve its purposes, fulfill its | ||||||
25 | responsibilities and carry out its
powers, and shall have
such |
| |||||||
| |||||||
1 | other powers and responsibilities as the Commuter Rail Board | ||||||
2 | shall
determine. The Executive Director shall be an individual | ||||||
3 | of proven transportation
and management skills and may not be a | ||||||
4 | member of the Commuter Rail Board.
The Division may employ its | ||||||
5 | own professional management personnel to provide
professional | ||||||
6 | and technical expertise concerning its purposes and powers
and | ||||||
7 | to assist it in assessing the performance of transportation | ||||||
8 | agencies
in the metropolitan region.
| ||||||
9 | No unlawful discrimination, as defined and prohibited in | ||||||
10 | the Illinois Human
Rights Act, shall be made in any term or | ||||||
11 | aspect of employment nor shall
there be discrimination based | ||||||
12 | upon political reasons or factors. The Commuter
Rail Board | ||||||
13 | shall establish regulations to insure that its discharges shall
| ||||||
14 | not be arbitrary and that hiring and promotion are based on | ||||||
15 | merit.
| ||||||
16 | The Division shall be subject to the "Illinois Human Rights | ||||||
17 | Act", as now
or hereafter amended, and the remedies and | ||||||
18 | procedure established thereunder.
The Commuter Rail Board | ||||||
19 | shall file an affirmative action program for employment
by it | ||||||
20 | with the Department of Human Rights to ensure that applicants | ||||||
21 | are
employed and that employees are treated during employment, | ||||||
22 | without regard
to unlawful discrimination. Such affirmative | ||||||
23 | action program shall include
provisions relating to hiring, | ||||||
24 | upgrading, demotion, transfer, recruitment,
recruitment | ||||||
25 | advertising, selection for training and rates of pay or other
| ||||||
26 | forms of compensation.
|
| |||||||
| |||||||
1 | (Source: P.A. 83-885; 83-886.)
| ||||||
2 | (70 ILCS 3615/3B.07) (from Ch. 111 2/3, par. 703B.07)
| ||||||
3 | Sec. 3B.07. Meetings. The Commuter Rail Board shall | ||||||
4 | prescribe the times
and places for meetings and the manner in | ||||||
5 | which special meetings may be
called. The Commuter Rail Board | ||||||
6 | shall comply in all respects with the "Open
Meetings Act", as | ||||||
7 | now or hereafter amended. All records, documents and
papers of | ||||||
8 | the Commuter Rail Division, other than those relating to | ||||||
9 | matters
concerning which closed sessions of the Commuter Rail | ||||||
10 | Board may be held,
shall be available for public examination, | ||||||
11 | subject to such reasonable regulations
as the board may adopt.
| ||||||
12 | A majority of the members shall constitute a quorum for the | ||||||
13 | conduct of
business. The affirmative votes of at least 6
4 | ||||||
14 | members shall be necessary
for any action required by this Act | ||||||
15 | to be taken by ordinance.
| ||||||
16 | (Source: P.A. 83-886.)
| ||||||
17 | (70 ILCS 3615/3B.09) (from Ch. 111 2/3, par. 703B.09)
| ||||||
18 | Sec. 3B.09. General Powers. In addition to any powers | ||||||
19 | elsewhere provided
to the Commuter Rail Board, it shall have | ||||||
20 | all of the powers specified in
Section 2.20 of this Act except | ||||||
21 | for the powers specified in Section 2.20(a)(v).
The Board shall | ||||||
22 | also have the power:
| ||||||
23 | (a) to cooperate with the Regional Transportation | ||||||
24 | Authority in the
exercise by the Regional Transportation |
| |||||||
| |||||||
1 | Authority of all the powers granted
it by such Act;
| ||||||
2 | (b) to receive funds from the Regional Transportation | ||||||
3 | Authority
pursuant to Sections 2.02, 4.01, 4.02, 4.09 and
4.10 | ||||||
4 | of the "Regional Transportation Authority Act", all as provided | ||||||
5 | in the
"Regional Transportation Authority Act"; and
| ||||||
6 | (c) to receive financial grants from the Regional | ||||||
7 | Transportation
Authority or a Service Board, as defined in the | ||||||
8 | "Regional Transportation
Authority Act", upon such terms and | ||||||
9 | conditions as shall be set forth in a
grant contract between | ||||||
10 | either the Division and the Regional Transportation
Authority | ||||||
11 | or the Division and another Service Board, which contract or
| ||||||
12 | agreement may be for such number of years or duration as the | ||||||
13 | parties may
agree, all as provided in the "Regional | ||||||
14 | Transportation Authority Act" ; and .
| ||||||
15 | (d) to borrow money for the purpose of acquiring, | ||||||
16 | constructing, reconstructing, extending, or improving any | ||||||
17 | Public Transportation Facilities (as defined in Section 1.03 of | ||||||
18 | the Regional Transportation Authority Act) operated by or to be | ||||||
19 | operated by or on behalf of the Commuter Rail Division. For the | ||||||
20 | purpose of evidencing the obligation of the Commuter Rail Board | ||||||
21 | to repay any money borrowed as provided in this subsection, the | ||||||
22 | Commuter Rail Board may issue revenue bonds from time to time | ||||||
23 | pursuant to ordinance adopted by the Commuter Rail Board, | ||||||
24 | subject to the approval of the Regional Transportation | ||||||
25 | Authority of each such issuance by the affirmative vote of 12 | ||||||
26 | of its then Directors; provided that the Commuter Rail Board |
| |||||||
| |||||||
1 | may not issue bonds for the purpose of financing the | ||||||
2 | acquisition, construction, or improvement of a corporate | ||||||
3 | headquarters building. All such bonds shall be payable solely | ||||||
4 | from the revenues or income or any other funds that the | ||||||
5 | Commuter Rail Board may receive. The bonds shall bear interest | ||||||
6 | at a rate not to exceed the maximum rate authorized by the Bond | ||||||
7 | Authorization Act. Bond issues pursuant to this Section must be | ||||||
8 | issues with principal or mandatory redemption amounts in equal | ||||||
9 | amounts, with the first maturity issued occurring within the | ||||||
10 | fiscal year in which the bonds are issued or within the next | ||||||
11 | succeeding fiscal year, with bonds issued maturing or subject | ||||||
12 | to mandatory redemption each fiscal year thereafter up to 25 | ||||||
13 | years. At least 25%, based on total principal amount, of all | ||||||
14 | bonds issued pursuant to this Section shall be sold pursuant to | ||||||
15 | notice of sale and public bid. No more than 75%, based on total | ||||||
16 | principal amount, of all bonds issued pursuant to this Section | ||||||
17 | 12c shall be sold by negotiated sale. The maximum principal | ||||||
18 | amount of the bonds that may be issued and outstanding at any | ||||||
19 | time may not exceed $1,000,000,000. The bonds shall have all | ||||||
20 | the qualities of negotiable instruments under the laws of this | ||||||
21 | State. To secure the payment of any or all of such bonds and | ||||||
22 | for the purpose of setting forth the covenants and undertakings | ||||||
23 | of the Commuter Rail Board in connection with the issuance | ||||||
24 | thereof and the issuance of any additional bonds payable from | ||||||
25 | such revenue or income as well as the use and application of | ||||||
26 | the revenue or income received by the Commuter Rail Board, the |
| |||||||
| |||||||
1 | Commuter Rail Board may execute and deliver a trust agreement | ||||||
2 | or agreements; provided that no lien upon any physical property | ||||||
3 | of the Commuter Rail Board shall be created thereby. A remedy | ||||||
4 | for any breach or default of the terms of any such trust | ||||||
5 | agreement by the Commuter Rail Board may be by mandamus | ||||||
6 | proceedings in any court of competent jurisdiction to compel | ||||||
7 | performance and compliance therewith, but the trust agreement | ||||||
8 | may prescribe by whom or on whose behalf such action may be | ||||||
9 | instituted. Under no circumstances shall any bonds issued by | ||||||
10 | the Commuter Rail Board or any other obligation of the Commuter | ||||||
11 | Rail Board in connection with the issuance of such bonds be or | ||||||
12 | become an indebtedness or obligation of the State of Illinois, | ||||||
13 | the Regional Transportation Authority, or any other political | ||||||
14 | subdivision of or municipality within the State, nor shall any | ||||||
15 | such bonds or obligations be or become an indebtedness of the | ||||||
16 | Commuter Rail Board within the purview of any constitutional | ||||||
17 | limitation or provision, and it shall be plainly stated on the | ||||||
18 | face of each bond that it does not constitute such an | ||||||
19 | indebtedness or obligation but is payable solely from the | ||||||
20 | revenues or income as aforesaid.
| ||||||
21 | (Source: P.A. 83-885; 83-886.)
| ||||||
22 | (70 ILCS 3615/3B.10) (from Ch. 111 2/3, par. 703B.10)
| ||||||
23 | Sec. 3B.10. Budget and Program. The Commuter Rail Board, | ||||||
24 | subject to
the powers of the Authority in Section 4.11, shall | ||||||
25 | control the finances
of the Division. It shall by ordinance |
| |||||||
| |||||||
1 | appropriate money to perform the
Division's purposes and | ||||||
2 | provide for payment of debts and expenses of the
Division. Each | ||||||
3 | year the Commuter Rail Board shall prepare and publish a
| ||||||
4 | comprehensive annual budget and proposed five-year capital
| ||||||
5 | program document, and a financial plan for
the two years | ||||||
6 | thereafter describing the state of the Division and presenting
| ||||||
7 | for the forthcoming fiscal year and the two following years the | ||||||
8 | Commuter
Rail Board's plans for such operations and capital | ||||||
9 | expenditures as the Commuter
Rail Board intends to undertake | ||||||
10 | and the means by which it intends to finance
them. The proposed | ||||||
11 | budget ,
and financial plan , and five-year capital program shall | ||||||
12 | be based on the Authority's
estimate of funds to be made | ||||||
13 | available to the Commuter Rail Board by or through
the | ||||||
14 | Authority and shall conform in all respects to the requirements | ||||||
15 | established
by the Authority. The proposed program and budget , | ||||||
16 | financial plan, and five-year capital program shall contain a | ||||||
17 | statement
of the funds estimated to be on hand at the beginning | ||||||
18 | of the fiscal year,
the funds estimated to be received from all | ||||||
19 | sources for such year and the
funds estimated to be on hand at | ||||||
20 | the end of such year.
After adoption of the Authority's first | ||||||
21 | Five-Year Program, as provided in
Section 2.01 of this Act, the | ||||||
22 | proposed program and budget shall specifically
identify any | ||||||
23 | respect in which the recommended program deviates from the
| ||||||
24 | Authority's then existing Five-Year Program, giving the | ||||||
25 | reasons for such
deviation. The fiscal year of the Division | ||||||
26 | shall be the same as the fiscal
year of the Authority. Before |
| |||||||
| |||||||
1 | the proposed budget ,
and program and financial
plan , and | ||||||
2 | five-year capital program are submitted to the Authority, the | ||||||
3 | Commuter Rail Board shall hold
at least one public hearing | ||||||
4 | thereon in each of the counties in the metropolitan
region in | ||||||
5 | which the Division provides service. The Commuter Rail Board
| ||||||
6 | shall hold at least one meeting for consideration of the | ||||||
7 | proposed program
and budget , financial plan, and five-year | ||||||
8 | capital plan with the county board of each of the several | ||||||
9 | counties in the
metropolitan region in which the Division | ||||||
10 | provides service. After conducting
such hearings and holding | ||||||
11 | such meetings and after making such changes in
the proposed | ||||||
12 | program and budget , financial plan, and five-year capital plan
| ||||||
13 | as the Commuter Rail Board deems appropriate,
the board shall | ||||||
14 | adopt its annual budget ordinance at least by November 15 next
| ||||||
15 | preceding
the beginning of each fiscal year. The budget ,
and | ||||||
16 | program, and financial
plan , and five-year capital program
| ||||||
17 | shall then be submitted to the Authority as provided in Section | ||||||
18 | 4.11.
In the event that the Board of the Authority determines | ||||||
19 | that the budget
and program, and financial plan do not meet the | ||||||
20 | standards of Section 4.11,
the Commuter Rail Board shall make | ||||||
21 | such changes as are necessary to meet
such requirements and | ||||||
22 | adopt an amended budget ordinance. The amended budget
ordinance | ||||||
23 | shall be resubmitted to the Authority pursuant to Section 4.11. | ||||||
24 | The ordinance
shall appropriate such sums of money as are | ||||||
25 | deemed necessary to defray all
necessary expenses and | ||||||
26 | obligations of the Division, specifying purposes
and the |
| |||||||
| |||||||
1 | objects or programs for which appropriations are made and the | ||||||
2 | amount
appropriated for each object or program. Additional | ||||||
3 | appropriations, transfers
between items and other changes in | ||||||
4 | such ordinance which do not alter the
basis upon which the | ||||||
5 | balanced budget determination was made by the Board
of the | ||||||
6 | Authority may be made from time to time by the Commuter Rail | ||||||
7 | Board.
| ||||||
8 | The budget shall:
| ||||||
9 | (i) show a balance between (A) anticipated revenues from | ||||||
10 | all sources including
operating subsidies and (B) the costs of | ||||||
11 | providing the services specified
and of funding any operating | ||||||
12 | deficits or encumbrances incurred in prior
periods, including | ||||||
13 | provision for payment when due of principal and interest
on | ||||||
14 | outstanding indebtedness;
| ||||||
15 | (ii) show cash balances including the proceeds of any | ||||||
16 | anticipated cash
flow borrowing sufficient to pay with | ||||||
17 | reasonable promptness all costs
and expenses as incurred;
| ||||||
18 | (iii) provide for a level of fares or charges for the | ||||||
19 | public transportation
provided by or subject to the | ||||||
20 | jurisdiction of such Commuter Rail Board sufficient
to allow | ||||||
21 | the Commuter Rail Board to meet its required system generated
| ||||||
22 | revenue recovery ratio;
| ||||||
23 | (iv) be based upon and employ assumptions and projections | ||||||
24 | which the Board
of the Authority finds to be reasonable and | ||||||
25 | prudent;
| ||||||
26 | (v) have been prepared in accordance with sound financial |
| |||||||
| |||||||
1 | practices as
determined by the Board of the Authority; and
| ||||||
2 | (vi) meet such other uniform financial, budgetary, or | ||||||
3 | fiscal requirements
that the Board of the Authority may by rule | ||||||
4 | or regulation establish ; and
.
| ||||||
5 | (vii) be consistent with the goals and objectives adopted | ||||||
6 | by the Regional Transportation Authority in the Strategic Plan.
| ||||||
7 | (Source: P.A. 83-885; 83-886.)
| ||||||
8 | (70 ILCS 3615/3B.11) (from Ch. 111 2/3, par. 703B.11)
| ||||||
9 | Sec. 3B.11. Citizens Advisory Board. The Commuter Rail | ||||||
10 | Board shall
establish a citizens advisory board composed of ten | ||||||
11 | residents of those portions
of the metropolitan region in which | ||||||
12 | the Commuter Rail Board provides service
who have an interest | ||||||
13 | in public transportation. The members of the advisory
board | ||||||
14 | shall be named for two year terms, shall select one of their | ||||||
15 | members
to serve as chairman and shall serve without | ||||||
16 | compensation. The citizens
advisory board shall meet with the | ||||||
17 | Commuter Rail Board at least quarterly
and advise the Commuter | ||||||
18 | Rail Board of the impact of its policies and programs
on the | ||||||
19 | communities it serves. Appointments to the citizens advisory | ||||||
20 | board should, to the greatest extent possible, reflect the | ||||||
21 | ethnic, cultural, and geographic diversity of all persons | ||||||
22 | residing within the Commuter Rail Division's jurisdiction.
| ||||||
23 | (Source: P.A. 83-886.)
| ||||||
24 | (70 ILCS 3615/3B.12) (from Ch. 111 2/3, par. 703B.12)
|
| |||||||
| |||||||
1 | Sec. 3B.12. Working Cash Borrowing. The Commuter Rail Board | ||||||
2 | with the
affirmative vote of 7
5 of its Directors may demand | ||||||
3 | and direct the Board
of the Authority to issue Working Cash | ||||||
4 | Notes at such time and in such amounts
and having such | ||||||
5 | maturities as the Commuter Rail Board deems proper, provided
| ||||||
6 | however any such borrowing shall have been specifically | ||||||
7 | identified in the
budget of the Commuter Rail Board as approved | ||||||
8 | by the Board of the Authority.
Provided further, that the | ||||||
9 | Commuter Rail Board may not demand and direct the Board
of the | ||||||
10 | Authority to have issued and have outstanding at any time in | ||||||
11 | excess of
$20,000,000 in Working Cash Notes.
| ||||||
12 | (Source: P.A. 83-886.)
| ||||||
13 | (70 ILCS 3615/3B.13) (from Ch. 111 2/3, par. 703B.13)
| ||||||
14 | Sec. 3B.13. Labor. | ||||||
15 | (a) The provisions of this Section apply to collective
| ||||||
16 | bargaining agreements (including extensions and amendments of | ||||||
17 | existing
agreements) entered into on or after January 1, 1984. | ||||||
18 | This Section does not
apply to collective bargaining agreements | ||||||
19 | that are subject to the
provisions of the Railway Labor Act, as | ||||||
20 | now or hereafter amended.
| ||||||
21 | (b) The Commuter Rail Board shall deal with and enter into | ||||||
22 | written
contracts with their employees, through accredited | ||||||
23 | representatives of such
employees authorized to act for such | ||||||
24 | employees concerning wages, salaries,
hours, working | ||||||
25 | conditions,
and pension or retirement provisions about which a |
| |||||||
| |||||||
1 | collective bargaining
agreement has been entered prior to the | ||||||
2 | effective date of this amendatory
Act of 1983. Any such | ||||||
3 | agreement of the Commuter Rail Board shall provide
that the | ||||||
4 | agreement may be reopened if the amended budget submitted | ||||||
5 | pursuant
to Section 2.18a of this Act is not approved by the | ||||||
6 | Board of the Authority.
The agreement may not include a | ||||||
7 | provision requiring the payment of wage
increases based on | ||||||
8 | changes in the Consumer Price Index.
The Commuter Rail Board | ||||||
9 | shall not have the authority to enter collective
bargaining | ||||||
10 | agreements with respect to inherent management rights which | ||||||
11 | include
such areas of discretion or policy as the functions of | ||||||
12 | the employer, standards
of services, its overall budget, the | ||||||
13 | organizational structure and selection
of new employees and | ||||||
14 | direction of personnel. Employers, however, shall
be required | ||||||
15 | to bargain collectively with regard to policy matters directly
| ||||||
16 | affecting wages, hours and terms and conditions of employment, | ||||||
17 | as well as
the impact thereon, upon request by employee | ||||||
18 | representatives. To preserve
the rights of the Commuter Rail | ||||||
19 | Board and exclusive representatives which
have established | ||||||
20 | collective bargaining relationships or negotiated
collective | ||||||
21 | bargaining agreements prior to the effective date of this
| ||||||
22 | amendatory Act of 1983, the Commuter Rail Board shall be | ||||||
23 | required to
bargain collectively with regard to any matter | ||||||
24 | concerning wages, hours or
conditions of employment about which | ||||||
25 | they have bargained prior to the
effective date of this | ||||||
26 | amendatory Act of 1983.
|
| |||||||
| |||||||
1 | (c) The collective bargaining agreement may not include a | ||||||
2 | prohibition
on the use of part-time operators on any service | ||||||
3 | operated by the Commuter
Rail Board except where prohibited by | ||||||
4 | federal law.
| ||||||
5 | (d) Within 30 days of the signing of any such collective | ||||||
6 | bargaining
agreement, the Commuter Rail Board shall determine | ||||||
7 | the costs of each
provision of the agreement, prepare an | ||||||
8 | amended budget incorporating the
costs of the agreement, and | ||||||
9 | present the amended budget to the Board of the
Authority for | ||||||
10 | its approval under Section 4.11. The Board may approve the
| ||||||
11 | amended budget by an affirmative vote of 12
9 of its then | ||||||
12 | Directors. If the
budget is not approved by the Board of the | ||||||
13 | Authority, the agreement may be
reopened and its terms may be | ||||||
14 | renegotiated. Any amended budget which may be
prepared | ||||||
15 | following renegotiation shall be presented to the Board of the
| ||||||
16 | Authority for its approval in like manner.
| ||||||
17 | (Source: P.A. 84-1308.)
| ||||||
18 | (70 ILCS 3615/4.01) (from Ch. 111 2/3, par. 704.01)
| ||||||
19 | Sec. 4.01. Budget and Program.
| ||||||
20 | (a) The Board shall control the finances
of the Authority. | ||||||
21 | It shall by ordinance adopted by the affirmative vote of at | ||||||
22 | least 12 of its then Directors (i) appropriate money to perform | ||||||
23 | the
Authority's purposes and provide for payment of debts and | ||||||
24 | expenses of
the Authority , (ii) take action with respect to the | ||||||
25 | budget and two-year financial plan of each Service Board, as |
| |||||||
| |||||||
1 | provided in Section 4.11, and (iii) adopt an Annual Budget and | ||||||
2 | Two-Year Financial Plan for the Authority that includes the | ||||||
3 | annual budget and two-year financial plan of each Service Board | ||||||
4 | that has been approved by the Authority . Each year the | ||||||
5 | Authority shall prepare and publish a
comprehensive annual | ||||||
6 | budget and program document describing the state of
the | ||||||
7 | Authority and presenting for the forthcoming fiscal year the
| ||||||
8 | Authority's plans for such operations and capital expenditures | ||||||
9 | as the
Authority intends to undertake and the means by which it | ||||||
10 | intends to
finance them. The Annual Budget and Two-Year | ||||||
11 | Financial Plan
proposed program and budget shall contain a | ||||||
12 | statement
of the funds estimated to be on hand for the | ||||||
13 | Authority and each Service Board at the beginning of the fiscal
| ||||||
14 | year, the funds estimated to be received from all sources for | ||||||
15 | such year , the estimated expenses and obligations of the | ||||||
16 | Authority and each Service Board for all purposes, including | ||||||
17 | expenses for contributions to be made with respect to pension | ||||||
18 | and other employee benefits,
and the funds estimated to be on | ||||||
19 | hand at the end of such year. After
adoption of the Authority's | ||||||
20 | first Five-Year Program, as provided in
Section 2.01 of this | ||||||
21 | Act, the proposed program and budget shall
specifically | ||||||
22 | identify any respect in which the recommended program
deviates | ||||||
23 | from the Authority's then existing Five-Year Program, giving
| ||||||
24 | the reasons for such deviation. The fiscal year of the | ||||||
25 | Authority and each Service Board shall
begin on January 1st and | ||||||
26 | end on the succeeding December 31st except that
the fiscal year |
| |||||||
| |||||||
1 | that began October 1, 1982, shall end December 31, 1983 .
By | ||||||
2 | July 1st 1981 and July 1st of each year thereafter the Director | ||||||
3 | of the
Illinois
Governor's Office of Management and Budget | ||||||
4 | (formerly Bureau of the
Budget) shall submit
to the Authority | ||||||
5 | an estimate of revenues for the next fiscal year of the | ||||||
6 | Authority to be
collected from the taxes imposed by the | ||||||
7 | Authority and the amounts to be
available in the Public | ||||||
8 | Transportation Fund and the Regional Transportation
Authority | ||||||
9 | Occupation and Use Tax Replacement Fund and the amounts | ||||||
10 | otherwise to be appropriated by the State to the Authority for | ||||||
11 | its purposes . The Authority shall file a copy of its Annual | ||||||
12 | Budget and Two-Year Financial Plan with
For the fiscal year | ||||||
13 | ending
on December 31, 1983, the Board shall report its results | ||||||
14 | from
operations and financial condition to the General Assembly | ||||||
15 | and the Governor
by January 31. For the fiscal year beginning | ||||||
16 | January
1, 1984, and thereafter, the budget and program shall | ||||||
17 | be presented to the
General Assembly and the Governor after its | ||||||
18 | adoption
not later than the preceding December
31st . Before the | ||||||
19 | proposed Annual Budget and Two-Year Financial Plan
budget and | ||||||
20 | program is adopted, the Authority
shall hold at least one | ||||||
21 | public hearing thereon
in the metropolitan region , and shall | ||||||
22 | meet
. The Board shall hold at least one meeting for
| ||||||
23 | consideration of the proposed program and budget with the | ||||||
24 | county board or its designee of
each of the several counties in | ||||||
25 | the metropolitan region. After conducting
such hearings and | ||||||
26 | holding such meetings and after making such changes
in the |
| |||||||
| |||||||
1 | proposed Annual Budget and Two-Year Financial Plan
program and | ||||||
2 | budget as the Board deems appropriate, the
Board shall adopt | ||||||
3 | its annual appropriation and Annual Budget and Two-Year | ||||||
4 | Financial Plan
budget ordinance. The ordinance may be adopted
| ||||||
5 | only upon the affirmative votes of 12
9 of its then Directors. | ||||||
6 | The
ordinance shall appropriate such sums of money as are | ||||||
7 | deemed necessary
to defray all necessary expenses and | ||||||
8 | obligations of the Authority,
specifying purposes and the | ||||||
9 | objects or programs for which appropriations
are made and the | ||||||
10 | amount appropriated for each object or program.
Additional | ||||||
11 | appropriations, transfers between items and other changes in
| ||||||
12 | such ordinance may be made from time to time by the Board upon | ||||||
13 | the
affirmative votes of 12
9 of its then Directors.
| ||||||
14 | (b) The Annual Budget and Two-Year Financial Plan
budget
| ||||||
15 | shall show a balance between anticipated revenues from
all | ||||||
16 | sources and anticipated expenses including funding of | ||||||
17 | operating deficits
or the discharge of encumbrances incurred in | ||||||
18 | prior periods and payment of
principal and interest when due, | ||||||
19 | and shall show cash balances sufficient
to pay with reasonable | ||||||
20 | promptness all obligations and expenses as incurred.
| ||||||
21 | The Annual Budget and Two-Year Financial Plan
annual budget | ||||||
22 | and financial plan must show: | ||||||
23 |
(i) that the level of fares
and charges for mass | ||||||
24 | transportation provided by, or under grant or purchase
of | ||||||
25 | service contracts of, the Service Boards is sufficient to | ||||||
26 | cause the
aggregate of all projected fare revenues from |
| |||||||
| |||||||
1 | such fares and charges received
in each fiscal year to | ||||||
2 | equal at least 50% of the aggregate costs of providing
such | ||||||
3 | public transportation in such fiscal year. "Fare revenues" | ||||||
4 | include
the proceeds of all fares and charges for services | ||||||
5 | provided, contributions
received in connection with public | ||||||
6 | transportation from units of local
government other than | ||||||
7 | the Authority , except for contributions received by the | ||||||
8 | Chicago Transit Authority from a real estate transfer tax | ||||||
9 | imposed under subsection (i) of Section 8-3-19 of the | ||||||
10 | Illinois Municipal Code, and from the State pursuant to | ||||||
11 | subsection
(i) of Section 2705-305 of the Department of | ||||||
12 | Transportation Law (20 ILCS
2705/2705-305), and all other | ||||||
13 | operating revenues properly included consistent
with | ||||||
14 | generally accepted accounting principles but do not | ||||||
15 | include: the proceeds
of any borrowings, and, beginning | ||||||
16 | with the 2007 fiscal year, all revenues and receipts, | ||||||
17 | including but not limited to fares and grants received from | ||||||
18 | the federal, State or any unit of local government or other | ||||||
19 | entity, derived from providing ADA paratransit service | ||||||
20 | pursuant to Section 2.30 of the Regional Transportation | ||||||
21 | Authority Act. "Costs" include all items properly included | ||||||
22 | as operating
costs consistent with generally accepted | ||||||
23 | accounting principles, including
administrative costs, but | ||||||
24 | do not include: depreciation; payment of principal
and | ||||||
25 | interest on bonds, notes or
other evidences of obligation | ||||||
26 | for borrowed money issued by the Authority;
payments with |
| |||||||
| |||||||
1 | respect to public transportation facilities made pursuant
| ||||||
2 | to subsection (b) of Section 2.20 of this Act; any payments | ||||||
3 | with respect
to rate protection contracts, credit | ||||||
4 | enhancements or liquidity agreements
made under Section | ||||||
5 | 4.14; any other cost to which it
is reasonably expected | ||||||
6 | that a cash expenditure
will not be made; costs up to | ||||||
7 | $5,000,000 annually for passenger
security including | ||||||
8 | grants, contracts, personnel, equipment and
administrative | ||||||
9 | expenses, except in the case of the Chicago Transit
| ||||||
10 | Authority, in which case the term does not include costs | ||||||
11 | spent annually by
that entity for protection against crime | ||||||
12 | as required by Section 27a of the
Metropolitan Transit | ||||||
13 | Authority Act; the payment by the Chicago Transit Authority | ||||||
14 | of Debt Service, as defined in Section 12c of the | ||||||
15 | Metropolitan Transit Authority Act, on bonds or notes | ||||||
16 | issued pursuant to that Section; the payment by the | ||||||
17 | Commuter Rail Division of debt service on bonds issued | ||||||
18 | pursuant to Section 3B.09; expenses incurred by the | ||||||
19 | Suburban Bus Division for the cost of new public | ||||||
20 | transportation services funded from grants pursuant to | ||||||
21 | Section 2.01e of this amendatory Act of the 95th General | ||||||
22 | Assembly for a period of 2 years from the date of | ||||||
23 | initiation of each such service; costs as exempted by the | ||||||
24 | Board for
projects pursuant to Section 2.09 of this Act; | ||||||
25 | or, beginning with the 2007 fiscal year, expenses related | ||||||
26 | to providing ADA paratransit service pursuant to Section |
| |||||||
| |||||||
1 | 2.30 of the Regional Transportation Authority Act; and in | ||||||
2 | fiscal years 2008 through 2017 inclusive, costs in the | ||||||
3 | amount of $200,000,000 in fiscal year 2008, reducing by | ||||||
4 | $20,000,000 in each fiscal year thereafter until this | ||||||
5 | exemption is eliminated; and | ||||||
6 | (ii) that the level of fares charged for ADA | ||||||
7 | paratransit services is sufficient to cause the aggregate | ||||||
8 | of all projected revenues from such fares charged and | ||||||
9 | received in each fiscal year to equal at least 10% of the | ||||||
10 | aggregate costs of providing such ADA paratransit services | ||||||
11 | in fiscal years 2007 and 2008 and at least 12% of the | ||||||
12 | aggregate costs of providing such ADA paratransit services | ||||||
13 | in fiscal years 2009 and thereafter; for purposes of this | ||||||
14 | Act, the percentages in this subsection (b)(ii) shall be | ||||||
15 | referred to as the "system generated ADA paratransit | ||||||
16 | services revenue recovery ratio".
| ||||||
17 | (c) The actual administrative expenses of the Authority for | ||||||
18 | the fiscal
year commencing January 1, 1985 may not exceed | ||||||
19 | $5,000,000.
The actual administrative expenses of the | ||||||
20 | Authority for the fiscal year
commencing January 1, 1986, and | ||||||
21 | for each fiscal year thereafter shall not
exceed the maximum | ||||||
22 | administrative expenses for the previous fiscal year plus
5%. | ||||||
23 | "Administrative
expenses" are defined for purposes of this | ||||||
24 | Section as all expenses except:
(1) capital expenses and | ||||||
25 | purchases of the Authority on behalf of the Service
Boards; (2) | ||||||
26 | payments to Service Boards; and (3) payment of principal
and |
| |||||||
| |||||||
1 | interest on bonds, notes or other evidence of obligation for | ||||||
2 | borrowed
money issued by the Authority; (4) costs for passenger | ||||||
3 | security including
grants, contracts, personnel, equipment and | ||||||
4 | administrative expenses; (5)
payments with respect to public | ||||||
5 | transportation facilities made pursuant to
subsection (b) of | ||||||
6 | Section 2.20 of this Act; and (6) any payments with
respect to | ||||||
7 | rate protection contracts, credit enhancements or liquidity
| ||||||
8 | agreements made pursuant to Section 4.14.
| ||||||
9 | (d) After withholding 15% of the proceeds of any tax | ||||||
10 | imposed by the
Authority and 15% of money received by the | ||||||
11 | Authority from the Regional
Transportation Authority | ||||||
12 | Occupation and Use Tax Replacement Fund,
the Board shall | ||||||
13 | allocate the proceeds and money remaining to the Service
Boards | ||||||
14 | as follows: (1) an amount equal to 85% of the proceeds of those
| ||||||
15 | taxes collected within the City of Chicago and 85% of the money | ||||||
16 | received by
the Authority on account of transfers to the | ||||||
17 | Regional Transportation
Authority Occupation and Use Tax | ||||||
18 | Replacement Fund from the County and Mass
Transit District Fund | ||||||
19 | attributable to retail sales within the City of
Chicago shall | ||||||
20 | be allocated to the Chicago Transit
Authority; (2) an amount | ||||||
21 | equal to 85% of the proceeds of those taxes
collected within | ||||||
22 | Cook County outside the City of Chicago and 85% of the
money | ||||||
23 | received by the Authority on account of transfers to the | ||||||
24 | Regional
Transportation Authority Occupation and Use Tax | ||||||
25 | Replacement Fund from the
County and Mass Transit District Fund | ||||||
26 | attributable to retail sales within
Cook County outside of the |
| |||||||
| |||||||
1 | city of Chicago shall be allocated
30% to the Chicago Transit | ||||||
2 | Authority, 55% to the Commuter Rail Board and
15% to the | ||||||
3 | Suburban Bus Board; and (3) an amount equal to 85% of the
| ||||||
4 | proceeds of the taxes collected within the Counties of DuPage, | ||||||
5 | Kane, Lake,
McHenry and Will shall be allocated 70% to the | ||||||
6 | Commuter Rail Board and 30%
to the Suburban Bus Board.
| ||||||
7 | (e) Moneys received by the Authority on account of | ||||||
8 | transfers to the
Regional Transportation Authority Occupation | ||||||
9 | and Use Tax Replacement Fund
from the State and Local Sales Tax | ||||||
10 | Reform Fund shall be
allocated among the Authority and the | ||||||
11 | Service Boards as follows: 15% of
such moneys shall be retained | ||||||
12 | by the Authority and the remaining 85%
shall be transferred to | ||||||
13 | the Service Boards as soon as may be
practicable after the | ||||||
14 | Authority receives payment. Moneys which are
distributable to | ||||||
15 | the Service Boards pursuant to the preceding sentence
shall be | ||||||
16 | allocated among the Service Boards on the basis of each Service
| ||||||
17 | Board's distribution ratio. The term "distribution ratio" | ||||||
18 | means,
for purposes of this subsection (e) of this Section | ||||||
19 | 4.01, the ratio of
the total amount distributed to a Service | ||||||
20 | Board pursuant to subsection (d)
of Section 4.01 for the | ||||||
21 | immediately preceding calendar year to the total
amount | ||||||
22 | distributed to all of the Service Boards pursuant to subsection | ||||||
23 | (d)
of Section 4.01 for the immediately preceding calendar | ||||||
24 | year.
| ||||||
25 | (f) To carry out its duties and responsibilities under this | ||||||
26 | Act,
further and accomplish the preparation of the annual |
| |||||||
| |||||||
1 | budget and
program as well as the Five-Year Program provided | ||||||
2 | for in Section 2.01 of
this Act and to make such interim | ||||||
3 | management decisions as may be
necessary, the Board shall | ||||||
4 | employ staff which shall: (1) propose for adoption by the Board | ||||||
5 | of the Authority rules for the Service Boards that establish | ||||||
6 | (i) forms and schedules to be used and information required to | ||||||
7 | be provided with respect to a five-year capital program, annual | ||||||
8 | budgets, and two-year financial plans and regular reporting of | ||||||
9 | actual results against adopted budgets and financial plans, | ||||||
10 | (ii) financial practices to be followed in the budgeting and | ||||||
11 | expenditure of public funds, (iii) assumptions and projections | ||||||
12 | that must be followed in preparing and submitting its annual | ||||||
13 | budget and two-year financial plan or a five-year capital | ||||||
14 | program; (2) evaluate for
the Board public transportation | ||||||
15 | programs operated or proposed by
the Service Boards and
| ||||||
16 | transportation agencies in terms of the goals and objectives | ||||||
17 | set out in the Strategic Plan
, costs and relative
priorities ; | ||||||
18 | (3)
(2) keep the Board and the public informed of the extent to | ||||||
19 | which the Service Boards and transportation agencies are | ||||||
20 | meeting the goals and objectives adopted by the Authority in | ||||||
21 | the Strategic Plan
public transportation
programs and | ||||||
22 | accomplishments of such transportation agencies ; and (4) | ||||||
23 | assess the efficiency or adequacy of public transportation | ||||||
24 | services provided by a Service Board and make recommendations | ||||||
25 | for change in that service
(3)
coordinate the development and | ||||||
26 | implementation of public transportation
programs to the end |
| |||||||
| |||||||
1 | that the moneys
monies available to the Authority may be
| ||||||
2 | expended in the most economical manner possible with the least | ||||||
3 | possible
duplication. | ||||||
4 | (g) All
Under such regulations as the Board may prescribe, | ||||||
5 | all
Service Boards, transportation agencies, comprehensive | ||||||
6 | planning agencies , including the Chicago Metropolitan Agency | ||||||
7 | for Planning, or
transportation planning agencies in the | ||||||
8 | metropolitan region shall
furnish to the Authority
Board such | ||||||
9 | information pertaining to public
transportation or relevant | ||||||
10 | for plans therefor as it may from time to time
require . The | ||||||
11 | Executive Director, or his or her designee , upon payment to any | ||||||
12 | such agency or Service Board of the reasonable
additional cost | ||||||
13 | of its so providing such information except as may
otherwise be | ||||||
14 | provided by agreement with the Authority, and the Board or
any | ||||||
15 | duly authorized employee of the Board shall, for the purpose of
| ||||||
16 | securing any such information necessary or appropriate to carry | ||||||
17 | out any of the powers and responsibilities of the Authority | ||||||
18 | under this Act , have access to, and the right to examine, all
| ||||||
19 | books, documents, papers or records of a Service Board or any | ||||||
20 | transportation
such agency receiving funds from the Authority
| ||||||
21 | or Service Board , and such Service Board or transportation | ||||||
22 | agency shall comply with any request by the Executive Director, | ||||||
23 | or his or her designee, within 30 days or an extended time | ||||||
24 | provided by the Executive Director
pertaining to public | ||||||
25 | transportation or relevant for plans therefor .
| ||||||
26 | (h) No Service Board shall undertake any capital |
| |||||||
| |||||||
1 | improvement which is not identified in the Five-Year Capital | ||||||
2 | Program.
| ||||||
3 | (Source: P.A. 94-370, eff. 7-29-05.)
| ||||||
4 | (70 ILCS 3615/4.02) (from Ch. 111 2/3, par. 704.02)
| ||||||
5 | Sec. 4.02. Federal, State and Other Funds. | ||||||
6 | (a) The Authority shall have the power to apply for, | ||||||
7 | receive and expend
grants, loans or other funds from the State | ||||||
8 | of Illinois or any department
or agency thereof, from any unit | ||||||
9 | of local government, from the federal
government or any | ||||||
10 | department or agency thereof,
for use in connection with any of | ||||||
11 | the powers or purposes of the Authority
as set forth in this | ||||||
12 | Act. The Authority shall have power to make such
studies as may | ||||||
13 | be necessary and to enter into contracts or agreements with
the | ||||||
14 | State of Illinois or any department or agency thereof, with any | ||||||
15 | unit of
local government, or with the federal government or any | ||||||
16 | department or
agency thereof, concerning such grants, loans or
| ||||||
17 | other funds, or any conditions relating thereto, including | ||||||
18 | obligations to
repay such funds. The Authority may make such | ||||||
19 | covenants concerning such
grants, loans and funds as it deems | ||||||
20 | proper and necessary in carrying out
its responsibilities, | ||||||
21 | purposes and powers as provided in this Act.
| ||||||
22 | (b) The Authority shall be the primary public body in the | ||||||
23 | metropolitan
region with authority to apply for and receive any | ||||||
24 | grants, loans or other
funds relating to public transportation | ||||||
25 | programs from the State of Illinois
or any department or agency |
| |||||||
| |||||||
1 | thereof, or from the federal government or any
department or | ||||||
2 | agency thereof. Any unit of local government, Service Board
or | ||||||
3 | transportation agency may apply for and receive any such | ||||||
4 | federal
or state capital grants, loans or other funds, | ||||||
5 | provided, however that a
Service Board may not apply
for or | ||||||
6 | receive any grant or loan which is not identified in the | ||||||
7 | Five-Year Capital Program.
Any Service Board, unit of local | ||||||
8 | government or transportation agency
shall notify the Authority | ||||||
9 | prior to making any such application and shall
file a copy | ||||||
10 | thereof with the Authority. Nothing in this Section shall be
| ||||||
11 | construed to impose any limitation on the ability of the State | ||||||
12 | of Illinois
or any department or agency thereof, any unit of | ||||||
13 | local government or Service
Board or
transportation agency to | ||||||
14 | make any grants or to enter into any agreement or
contract with | ||||||
15 | the National Rail Passenger Corporation. Nor shall anything
in | ||||||
16 | this Section impose any limitation on the ability of any school | ||||||
17 | district
to apply for or receive any grant, loan or other funds | ||||||
18 | for transportation
of school children.
| ||||||
19 | (c) The Authority shall provide to the Service Board any | ||||||
20 | monies received
relating to public transportation services | ||||||
21 | under the jurisdiction of the
Service Boards as
follows:
| ||||||
22 | (1) As soon as may be practicable after the Authority | ||||||
23 | receives payment,
under Section 4.03(m) or Section | ||||||
24 | 4.03.1(d), of the proceeds of those taxes
levied by the | ||||||
25 | Authority,
the Authority shall transfer to each Service | ||||||
26 | Board the amount to which it
is entitled under Section |
| |||||||
| |||||||
1 | 4.01(d);
| ||||||
2 | (2) The Authority by ordinance adopted by 9 of its then | ||||||
3 | Directors
shall establish a formula apportioning any | ||||||
4 | federal funds for operating assistance
purposes the | ||||||
5 | Authority receives to each Service Board. In establishing | ||||||
6 | the
formula, the Board shall consider, among other factors: | ||||||
7 | ridership levels,
the efficiency with which the service is | ||||||
8 | provided, the degree of transit
dependence of the area | ||||||
9 | served and the cost of service. That portion of
any federal | ||||||
10 | funds for operating assistance received by the Authority | ||||||
11 | shall
be paid to each Service Board as soon as may be | ||||||
12 | practicable upon their receipt
provided the Authority has | ||||||
13 | adopted a balanced budget as required by Section
4.01 and | ||||||
14 | further provided that the Service Boards are in compliance | ||||||
15 | with
the requirements in Section 4.11.
| ||||||
16 | (3) The Authority by ordinance adopted by 9 of its then | ||||||
17 | Directors shall
apportion to the Service Boards funds | ||||||
18 | provided by the State of Illinois
under Section 4.09 and | ||||||
19 | shall make payment of said funds to each Service
Board as | ||||||
20 | soon as may be practicable upon their receipt provided the | ||||||
21 | Authority
has adopted a balanced budget as required by | ||||||
22 | Section 4.01 and further provided
the Service Board is in | ||||||
23 | compliance with the requirements in Section 4.11.
| ||||||
24 | (4) Beginning January 1, 2009, before making any | ||||||
25 | payments, transfers, or expenditures under this subsection | ||||||
26 | to a Service Board, the Authority must first comply with |
| |||||||
| |||||||
1 | Section 4.02a or 4.02b of this Act, whichever may be | ||||||
2 | applicable.
| ||||||
3 | (Source: P.A. 94-839, eff. 6-6-06; revised 8-3-06.)
| ||||||
4 | (70 ILCS 3615/4.02a) | ||||||
5 | Sec. 4.02a. Chicago Transit Authority contributions to | ||||||
6 | pension funds.
| ||||||
7 | (a) The Authority shall continually review the Chicago | ||||||
8 | Transit Authority's payment of the required contributions to | ||||||
9 | its retirement system under Section 22-101 of the Illinois | ||||||
10 | Pension Code.
| ||||||
11 | (b) Beginning January 1, 2009, if at any time the Authority | ||||||
12 | determines that the Chicago Transit Authority's payment of any | ||||||
13 | portion of the required contributions to its retirement system | ||||||
14 | under Section 22-101 of the Illinois Pension Code is more than | ||||||
15 | one month overdue, it shall as soon as possible pay the amount | ||||||
16 | of those overdue contributions to the Board of Trustees
trustee
| ||||||
17 | of the Retirement Plan
retirement system on behalf of the | ||||||
18 | Chicago Transit Authority out of moneys otherwise payable to | ||||||
19 | the Chicago Transit Authority under subsection (c) of Section
| ||||||
20 | 4.02 of this Act. The Authority shall thereafter have no | ||||||
21 | liability to the Chicago Transit Authority for amounts paid to | ||||||
22 | the Board of Trustees
trustee of the Retirement Plan
retirement | ||||||
23 | system under this Section.
| ||||||
24 | (c) Whenever the Authority acts or determines that it is | ||||||
25 | required to act under subsection (b), it shall so notify the |
| |||||||
| |||||||
1 | Chicago Transit Authority, the Mayor of Chicago, the Governor, | ||||||
2 | the Auditor General of the State of Illinois, and the General | ||||||
3 | Assembly.
| ||||||
4 | (Source: P.A. 94-839, eff. 6-6-06.) | ||||||
5 | (70 ILCS 3615/4.02b)
| ||||||
6 | Sec. 4.02b. Other contributions to pension funds. | ||||||
7 | (a) The Authority shall continually review the payment of | ||||||
8 | the required employer contributions to affected pension plans | ||||||
9 | under Section 22-103 of the Illinois Pension Code.
| ||||||
10 | (b) Beginning January 1, 2009, if at any time the Authority | ||||||
11 | determines that the Commuter Rail Board's or Suburban Bus | ||||||
12 | Board's payment of any portion of the required contributions to | ||||||
13 | an affected pension plan under Section 22-103 of the Illinois | ||||||
14 | Pension Code is more than one month overdue, it shall as soon | ||||||
15 | as possible pay the amount of those overdue contributions to | ||||||
16 | the trustee of the affected pension plan on behalf of that | ||||||
17 | Service Board out of moneys otherwise payable to that Service | ||||||
18 | Board under
subsection (c) of Section 4.02 of this Act. The | ||||||
19 | Authority shall thereafter have no liability to the Service | ||||||
20 | Board for amounts paid to the trustee of the affected pension | ||||||
21 | plan under this Section.
| ||||||
22 | (c) Whenever the Authority acts or determines that it is | ||||||
23 | required to act under subsection (b), it shall so notify the | ||||||
24 | affected Service Board, the Mayor of Chicago, the Governor, the | ||||||
25 | Auditor General of the State of Illinois, and the General |
| |||||||
| |||||||
1 | Assembly.
| ||||||
2 | (d) Beginning January 1, 2009, if the Authority fails to | ||||||
3 | pay to an affected pension fund within 30 days after it is due | ||||||
4 | any employer contribution that it is required to make as a | ||||||
5 | contributing employer under Section 22-103 of the Illinois | ||||||
6 | Pension Code, it shall promptly so notify the Commission on | ||||||
7 | Government Forecasting and Accountability, the Mayor of | ||||||
8 | Chicago, the Governor, and the General Assembly, and it shall | ||||||
9 | promptly pay the overdue amount out of the first money | ||||||
10 | available to the Authority for its administrative expenses, as | ||||||
11 | that term is defined in Section 4.01(c).
| ||||||
12 | (Source: P.A. 94-839, eff. 6-6-06.)
| ||||||
13 | (70 ILCS 3615/4.03) (from Ch. 111 2/3, par. 704.03)
| ||||||
14 | Sec. 4.03. Taxes.
| ||||||
15 | (a) In order to carry out any of the powers or
purposes of | ||||||
16 | the Authority, the Board may by ordinance adopted with the
| ||||||
17 | concurrence of 12
9 of the then Directors, impose throughout | ||||||
18 | the
metropolitan region any or all of the taxes provided in | ||||||
19 | this Section.
Except as otherwise provided in this Act, taxes | ||||||
20 | imposed under this
Section and civil penalties imposed incident | ||||||
21 | thereto shall be collected
and enforced by the State Department | ||||||
22 | of Revenue. The Department shall
have the power to administer | ||||||
23 | and enforce the taxes and to determine all
rights for refunds | ||||||
24 | for erroneous payments of the taxes.
| ||||||
25 | (b) The Board may impose a public transportation tax upon |
| |||||||
| |||||||
1 | all
persons engaged in the metropolitan region in the business | ||||||
2 | of selling at
retail motor fuel for operation of motor vehicles | ||||||
3 | upon public highways. The
tax shall be at a rate not to exceed | ||||||
4 | 5% of the gross receipts from the sales
of motor fuel in the | ||||||
5 | course of the business. As used in this Act, the term
"motor | ||||||
6 | fuel" shall have the same meaning as in the Motor Fuel Tax Law. | ||||||
7 | The Board may provide for details of the tax. The provisions of
| ||||||
8 | any tax shall conform, as closely as may be practicable, to the | ||||||
9 | provisions
of the Municipal Retailers Occupation Tax Act, | ||||||
10 | including without limitation,
conformity to penalties with | ||||||
11 | respect to the tax imposed and as to the powers of
the State | ||||||
12 | Department of Revenue to promulgate and enforce rules and | ||||||
13 | regulations
relating to the administration and enforcement of | ||||||
14 | the provisions of the tax
imposed, except that reference in the | ||||||
15 | Act to any municipality shall refer to
the Authority and the | ||||||
16 | tax shall be imposed only with regard to receipts from
sales of | ||||||
17 | motor fuel in the metropolitan region, at rates as limited by | ||||||
18 | this
Section.
| ||||||
19 | (c) In connection with the tax imposed under paragraph (b) | ||||||
20 | of
this Section the Board may impose a tax upon the privilege | ||||||
21 | of using in
the metropolitan region motor fuel for the | ||||||
22 | operation of a motor vehicle
upon public highways, the tax to | ||||||
23 | be at a rate not in excess of the rate
of tax imposed under | ||||||
24 | paragraph (b) of this Section. The Board may
provide for | ||||||
25 | details of the tax.
| ||||||
26 | (d) The Board may impose a motor vehicle parking tax upon |
| |||||||
| |||||||
1 | the
privilege of parking motor vehicles at off-street parking | ||||||
2 | facilities in
the metropolitan region at which a fee is | ||||||
3 | charged, and may provide for
reasonable classifications in and | ||||||
4 | exemptions to the tax, for
administration and enforcement | ||||||
5 | thereof and for civil penalties and
refunds thereunder and may | ||||||
6 | provide criminal penalties thereunder, the
maximum penalties | ||||||
7 | not to exceed the maximum criminal penalties provided
in the | ||||||
8 | Retailers' Occupation Tax Act. The
Authority may collect and | ||||||
9 | enforce the tax itself or by contract with
any unit of local | ||||||
10 | government. The State Department of Revenue shall have
no | ||||||
11 | responsibility for the collection and enforcement unless the
| ||||||
12 | Department agrees with the Authority to undertake the | ||||||
13 | collection and
enforcement. As used in this paragraph, the term | ||||||
14 | "parking facility"
means a parking area or structure having | ||||||
15 | parking spaces for more than 2
vehicles at which motor vehicles | ||||||
16 | are permitted to park in return for an
hourly, daily, or other | ||||||
17 | periodic fee, whether publicly or privately
owned, but does not | ||||||
18 | include parking spaces on a public street, the use
of which is | ||||||
19 | regulated by parking meters.
| ||||||
20 | (e) The Board may impose a Regional Transportation | ||||||
21 | Authority
Retailers' Occupation Tax upon all persons engaged in | ||||||
22 | the business of
selling tangible personal property at retail in | ||||||
23 | the metropolitan region.
In Cook County the tax rate shall be
| ||||||
24 | 1% of the gross receipts from sales
of food for human | ||||||
25 | consumption that is to be consumed off the premises
where it is | ||||||
26 | sold (other than alcoholic beverages, soft drinks and food
that |
| |||||||
| |||||||
1 | has been prepared for immediate consumption) and prescription | ||||||
2 | and
nonprescription medicines, drugs, medical appliances and | ||||||
3 | insulin, urine
testing materials, syringes and needles used by | ||||||
4 | diabetics, and
3/4% of the
gross receipts from other taxable | ||||||
5 | sales made in the course of that business.
In DuPage, Kane, | ||||||
6 | Lake, McHenry, and Will Counties, the tax rate shall be
1/4%
of | ||||||
7 | the gross receipts from all taxable sales made in the course of | ||||||
8 | that
business. The tax
imposed under this Section and all civil | ||||||
9 | penalties that may be
assessed as an incident thereof shall be | ||||||
10 | collected and enforced by the
State Department of Revenue. The | ||||||
11 | Department shall have full power to
administer and enforce this | ||||||
12 | Section; to collect all taxes and penalties
so collected in the | ||||||
13 | manner hereinafter provided; and to determine all
rights to | ||||||
14 | credit memoranda arising on account of the erroneous payment
of | ||||||
15 | tax or penalty hereunder. In the administration of, and | ||||||
16 | compliance
with this Section, the Department and persons who | ||||||
17 | are subject to this
Section shall have the same rights, | ||||||
18 | remedies, privileges, immunities,
powers and duties, and be | ||||||
19 | subject to the same conditions, restrictions,
limitations, | ||||||
20 | penalties, exclusions, exemptions and definitions of terms,
| ||||||
21 | and employ the same modes of procedure, as are prescribed in | ||||||
22 | Sections 1,
1a, 1a-1, 1c, 1d, 1e, 1f, 1i, 1j, 2 through 2-65 | ||||||
23 | (in respect to all
provisions therein other than the State rate | ||||||
24 | of tax), 2c, 3 (except as to
the disposition of taxes and | ||||||
25 | penalties collected), 4, 5, 5a, 5b, 5c, 5d,
5e, 5f, 5g, 5h, 5i, | ||||||
26 | 5j, 5k, 5l, 6, 6a, 6b, 6c, 7, 8, 9, 10, 11, 12 and
13 of the |
| |||||||
| |||||||
1 | Retailers' Occupation Tax Act and Section 3-7 of the
Uniform | ||||||
2 | Penalty and Interest Act, as fully as if those
provisions were | ||||||
3 | set forth herein.
| ||||||
4 | Persons subject to any tax imposed under the authority | ||||||
5 | granted
in this Section may reimburse themselves for their | ||||||
6 | seller's tax
liability hereunder by separately stating the tax | ||||||
7 | as an additional
charge, which charge may be stated in | ||||||
8 | combination in a single amount
with State taxes that sellers | ||||||
9 | are required to collect under the Use
Tax Act, under any | ||||||
10 | bracket schedules the
Department may prescribe.
| ||||||
11 | Whenever the Department determines that a refund should be | ||||||
12 | made under
this Section to a claimant instead of issuing a | ||||||
13 | credit memorandum, the
Department shall notify the State | ||||||
14 | Comptroller, who shall cause the
warrant to be drawn for the | ||||||
15 | amount specified, and to the person named,
in the notification | ||||||
16 | from the Department. The refund shall be paid by
the State | ||||||
17 | Treasurer out of the Regional Transportation Authority tax
fund | ||||||
18 | established under paragraph (n) of this Section.
| ||||||
19 | If a tax is imposed under this subsection (e), a tax shall | ||||||
20 | also
be imposed under subsections (f) and (g) of this Section.
| ||||||
21 | For the purpose of determining whether a tax authorized | ||||||
22 | under this
Section is applicable, a retail sale by a producer | ||||||
23 | of coal or other
mineral mined in Illinois, is a sale at retail | ||||||
24 | at the place where the
coal or other mineral mined in Illinois | ||||||
25 | is extracted from the earth.
This paragraph does not apply to | ||||||
26 | coal or other mineral when it is
delivered or shipped by the |
| |||||||
| |||||||
1 | seller to the purchaser at a point outside
Illinois so that the | ||||||
2 | sale is exempt under the Federal Constitution as a
sale in | ||||||
3 | interstate or foreign commerce.
| ||||||
4 | No tax shall be imposed or collected under this subsection | ||||||
5 | on the sale of a motor vehicle in this State to a resident of | ||||||
6 | another state if that motor vehicle will not be titled in this | ||||||
7 | State.
| ||||||
8 | Nothing in this Section shall be construed to authorize the | ||||||
9 | Regional
Transportation Authority to impose a tax upon the | ||||||
10 | privilege of engaging
in any business that under the | ||||||
11 | Constitution of the United States may
not be made the subject | ||||||
12 | of taxation by this State.
| ||||||
13 | (f) If a tax has been imposed under paragraph (e), a
| ||||||
14 | Regional Transportation Authority Service Occupation
Tax shall
| ||||||
15 | also be imposed upon all persons engaged, in the metropolitan | ||||||
16 | region in
the business of making sales of service, who as an | ||||||
17 | incident to making the sales
of service, transfer tangible | ||||||
18 | personal property within the metropolitan region,
either in the | ||||||
19 | form of tangible personal property or in the form of real | ||||||
20 | estate
as an incident to a sale of service. In Cook County, the | ||||||
21 | tax rate
shall be: (1)
1% of the serviceman's cost price of | ||||||
22 | food prepared for
immediate consumption and transferred | ||||||
23 | incident to a sale of service subject
to the service occupation | ||||||
24 | tax by an entity licensed under the Hospital
Licensing Act or | ||||||
25 | the Nursing Home Care Act that is located in the metropolitan
| ||||||
26 | region; (2)
1% of the selling price of food for human |
| |||||||
| |||||||
1 | consumption that is to
be consumed off the premises where it is | ||||||
2 | sold (other than alcoholic
beverages, soft drinks and food that | ||||||
3 | has been prepared for immediate
consumption) and prescription | ||||||
4 | and nonprescription medicines, drugs, medical
appliances and | ||||||
5 | insulin, urine testing materials, syringes and needles used
by | ||||||
6 | diabetics; and (3)
3/4% of the selling price from other taxable | ||||||
7 | sales of
tangible personal property transferred. In DuPage, | ||||||
8 | Kane, Lake,
McHenry and Will Counties the rate shall be
1/4% of | ||||||
9 | the selling price
of all tangible personal property | ||||||
10 | transferred.
| ||||||
11 | The tax imposed under this paragraph and all civil
| ||||||
12 | penalties that may be assessed as an incident thereof shall be | ||||||
13 | collected
and enforced by the State Department of Revenue. The | ||||||
14 | Department shall
have full power to administer and enforce this | ||||||
15 | paragraph; to collect all
taxes and penalties due hereunder; to | ||||||
16 | dispose of taxes and penalties
collected in the manner | ||||||
17 | hereinafter provided; and to determine all
rights to credit | ||||||
18 | memoranda arising on account of the erroneous payment
of tax or | ||||||
19 | penalty hereunder. In the administration of and compliance
with | ||||||
20 | this paragraph, the Department and persons who are subject to | ||||||
21 | this
paragraph shall have the same rights, remedies, | ||||||
22 | privileges, immunities,
powers and duties, and be subject to | ||||||
23 | the same conditions, restrictions,
limitations, penalties, | ||||||
24 | exclusions, exemptions and definitions of terms,
and employ the | ||||||
25 | same modes of procedure, as are prescribed in Sections 1a-1, 2,
| ||||||
26 | 2a, 3 through 3-50 (in respect to all provisions therein other |
| |||||||
| |||||||
1 | than the
State rate of tax), 4 (except that the reference to | ||||||
2 | the State shall be to
the Authority), 5, 7, 8 (except that the | ||||||
3 | jurisdiction to which the tax
shall be a debt to the extent | ||||||
4 | indicated in that Section 8 shall be the
Authority), 9 (except | ||||||
5 | as to the disposition of taxes and penalties
collected, and | ||||||
6 | except that the returned merchandise credit for this tax may
| ||||||
7 | not be taken against any State tax), 10, 11, 12 (except the | ||||||
8 | reference
therein to Section 2b of the Retailers' Occupation | ||||||
9 | Tax Act), 13 (except
that any reference to the State shall mean | ||||||
10 | the Authority), the first
paragraph of Section 15, 16, 17, 18, | ||||||
11 | 19 and 20 of the Service
Occupation Tax Act and Section 3-7 of | ||||||
12 | the Uniform Penalty and Interest
Act, as fully as if those | ||||||
13 | provisions were set forth herein.
| ||||||
14 | Persons subject to any tax imposed under the authority | ||||||
15 | granted
in this paragraph may reimburse themselves for their | ||||||
16 | serviceman's tax
liability hereunder by separately stating the | ||||||
17 | tax as an additional
charge, that charge may be stated in | ||||||
18 | combination in a single amount
with State tax that servicemen | ||||||
19 | are authorized to collect under the
Service Use Tax Act, under | ||||||
20 | any bracket schedules the
Department may prescribe.
| ||||||
21 | Whenever the Department determines that a refund should be | ||||||
22 | made under
this paragraph to a claimant instead of issuing a | ||||||
23 | credit memorandum, the
Department shall notify the State | ||||||
24 | Comptroller, who shall cause the
warrant to be drawn for the | ||||||
25 | amount specified, and to the person named
in the notification | ||||||
26 | from the Department. The refund shall be paid by
the State |
| |||||||
| |||||||
1 | Treasurer out of the Regional Transportation Authority tax
fund | ||||||
2 | established under paragraph (n) of this Section.
| ||||||
3 | Nothing in this paragraph shall be construed to authorize | ||||||
4 | the
Authority to impose a tax upon the privilege of engaging in | ||||||
5 | any business
that under the Constitution of the United States | ||||||
6 | may not be made the
subject of taxation by the State.
| ||||||
7 | (g) If a tax has been imposed under paragraph (e), a tax | ||||||
8 | shall
also be imposed upon the privilege of using in the | ||||||
9 | metropolitan region,
any item of tangible personal property | ||||||
10 | that is purchased outside the
metropolitan region at retail | ||||||
11 | from a retailer, and that is titled or
registered with an | ||||||
12 | agency of this State's government. In Cook County the
tax rate | ||||||
13 | shall be
3/4% of the selling price of the tangible personal | ||||||
14 | property,
as "selling price" is defined in the Use Tax Act. In | ||||||
15 | DuPage, Kane, Lake,
McHenry and Will counties the tax rate | ||||||
16 | shall be
1/4% of the selling price of
the tangible personal | ||||||
17 | property, as "selling price" is defined in the
Use Tax Act. The | ||||||
18 | tax shall be collected from persons whose Illinois
address for | ||||||
19 | titling or registration purposes is given as being in the
| ||||||
20 | metropolitan region. The tax shall be collected by the | ||||||
21 | Department of
Revenue for the Regional Transportation | ||||||
22 | Authority. The tax must be paid
to the State, or an exemption | ||||||
23 | determination must be obtained from the
Department of Revenue, | ||||||
24 | before the title or certificate of registration for
the | ||||||
25 | property may be issued. The tax or proof of exemption may be
| ||||||
26 | transmitted to the Department by way of the State agency with |
| |||||||
| |||||||
1 | which, or the
State officer with whom, the tangible personal | ||||||
2 | property must be titled or
registered if the Department and the | ||||||
3 | State agency or State officer
determine that this procedure | ||||||
4 | will expedite the processing of applications
for title or | ||||||
5 | registration.
| ||||||
6 | The Department shall have full power to administer and | ||||||
7 | enforce this
paragraph; to collect all taxes, penalties and | ||||||
8 | interest due hereunder;
to dispose of taxes, penalties and | ||||||
9 | interest collected in the manner
hereinafter provided; and to | ||||||
10 | determine all rights to credit memoranda or
refunds arising on | ||||||
11 | account of the erroneous payment of tax, penalty or
interest | ||||||
12 | hereunder. In the administration of and compliance with this
| ||||||
13 | paragraph, the Department and persons who are subject to this | ||||||
14 | paragraph
shall have the same rights, remedies, privileges, | ||||||
15 | immunities, powers and
duties, and be subject to the same | ||||||
16 | conditions, restrictions,
limitations, penalties, exclusions, | ||||||
17 | exemptions and definitions of terms
and employ the same modes | ||||||
18 | of procedure, as are prescribed in Sections 2
(except the | ||||||
19 | definition of "retailer maintaining a place of business in this
| ||||||
20 | State"), 3 through 3-80 (except provisions pertaining to the | ||||||
21 | State rate
of tax, and except provisions concerning collection | ||||||
22 | or refunding of the tax
by retailers), 4, 11, 12, 12a, 14, 15, | ||||||
23 | 19 (except the portions pertaining
to claims by retailers and | ||||||
24 | except the last paragraph concerning refunds),
20, 21 and 22 of | ||||||
25 | the Use Tax Act, and are not inconsistent with this
paragraph, | ||||||
26 | as fully as if those provisions were set forth herein.
|
| |||||||
| |||||||
1 | Whenever the Department determines that a refund should be | ||||||
2 | made under
this paragraph to a claimant instead of issuing a | ||||||
3 | credit memorandum, the
Department shall notify the State | ||||||
4 | Comptroller, who shall cause the order
to be drawn for the | ||||||
5 | amount specified, and to the person named in the
notification | ||||||
6 | from the Department. The refund shall be paid by the State
| ||||||
7 | Treasurer out of the Regional Transportation Authority tax fund
| ||||||
8 | established under paragraph (n) of this Section.
| ||||||
9 | (h) The Authority may impose a replacement vehicle tax of | ||||||
10 | $50 on any
passenger car as defined in Section 1-157 of the | ||||||
11 | Illinois Vehicle Code
purchased within the metropolitan region | ||||||
12 | by or on behalf of an
insurance company to replace a passenger | ||||||
13 | car of
an insured person in settlement of a total loss claim. | ||||||
14 | The tax imposed
may not become effective before the first day | ||||||
15 | of the month following the
passage of the ordinance imposing | ||||||
16 | the tax and receipt of a certified copy
of the ordinance by the | ||||||
17 | Department of Revenue. The Department of Revenue
shall collect | ||||||
18 | the tax for the Authority in accordance with Sections 3-2002
| ||||||
19 | and 3-2003 of the Illinois Vehicle Code.
| ||||||
20 | The Department shall immediately pay over to the State | ||||||
21 | Treasurer,
ex officio, as trustee, all taxes collected | ||||||
22 | hereunder. On
or before the 25th day of each calendar month, | ||||||
23 | the Department shall
prepare and certify to the Comptroller the | ||||||
24 | disbursement of stated sums
of money to the Authority. The | ||||||
25 | amount to be paid to the Authority shall be
the amount | ||||||
26 | collected hereunder during the second preceding calendar month
|
| |||||||
| |||||||
1 | by the Department, less any amount determined by the Department | ||||||
2 | to be
necessary for the payment of refunds. Within 10 days | ||||||
3 | after receipt by the
Comptroller of the disbursement | ||||||
4 | certification to the Authority provided
for in this Section to | ||||||
5 | be given to the Comptroller by the Department, the
Comptroller | ||||||
6 | shall cause the orders to be drawn for that amount in
| ||||||
7 | accordance with the directions contained in the certification.
| ||||||
8 | (i) The Board may not impose any other taxes except as it | ||||||
9 | may from
time to time be authorized by law to impose.
| ||||||
10 | (j) A certificate of registration issued by the State | ||||||
11 | Department of
Revenue to a retailer under the Retailers' | ||||||
12 | Occupation Tax Act or under the
Service Occupation Tax Act | ||||||
13 | shall permit the registrant to engage in a
business that is | ||||||
14 | taxed under the tax imposed under paragraphs
(b), (e), (f) or | ||||||
15 | (g) of this Section and no additional registration
shall be | ||||||
16 | required under the tax. A certificate issued under the
Use Tax | ||||||
17 | Act or the Service Use Tax Act shall be applicable with regard | ||||||
18 | to
any tax imposed under paragraph (c) of this Section.
| ||||||
19 | (k) The provisions of any tax imposed under paragraph (c) | ||||||
20 | of
this Section shall conform as closely as may be practicable | ||||||
21 | to the
provisions of the Use Tax Act, including
without | ||||||
22 | limitation conformity as to penalties with respect to the tax
| ||||||
23 | imposed and as to the powers of the State Department of Revenue | ||||||
24 | to
promulgate and enforce rules and regulations relating to the
| ||||||
25 | administration and enforcement of the provisions of the tax | ||||||
26 | imposed.
The taxes shall be imposed only on use within the |
| |||||||
| |||||||
1 | metropolitan region
and at rates as provided in the paragraph.
| ||||||
2 | (l) The Board in imposing any tax as provided in paragraphs | ||||||
3 | (b)
and (c) of this Section, shall, after seeking the advice of | ||||||
4 | the State
Department of Revenue, provide means for retailers, | ||||||
5 | users or purchasers
of motor fuel for purposes other than those | ||||||
6 | with regard to which the
taxes may be imposed as provided in | ||||||
7 | those paragraphs to receive refunds
of taxes improperly paid, | ||||||
8 | which provisions may be at variance with the
refund provisions | ||||||
9 | as applicable under the Municipal Retailers
Occupation Tax Act. | ||||||
10 | The State Department of Revenue may provide for
certificates of | ||||||
11 | registration for users or purchasers of motor fuel for purposes
| ||||||
12 | other than those with regard to which taxes may be imposed as | ||||||
13 | provided in
paragraphs (b) and (c) of this Section to | ||||||
14 | facilitate the reporting and
nontaxability of the exempt sales | ||||||
15 | or uses.
| ||||||
16 | (m) Any ordinance imposing or discontinuing any tax under | ||||||
17 | this Section shall
be adopted and a certified copy thereof | ||||||
18 | filed with the Department on or before
June 1, whereupon the | ||||||
19 | Department of Revenue shall proceed to administer and
enforce | ||||||
20 | this Section on behalf of the Regional Transportation Authority | ||||||
21 | as of
September 1 next following such adoption and filing.
| ||||||
22 | Beginning January 1, 1992, an ordinance or resolution imposing | ||||||
23 | or
discontinuing the tax hereunder shall be adopted and a | ||||||
24 | certified copy
thereof filed with the Department on or before | ||||||
25 | the first day of July,
whereupon the Department shall proceed | ||||||
26 | to administer and enforce this
Section as of the first day of |
| |||||||
| |||||||
1 | October next following such adoption and
filing. Beginning | ||||||
2 | January 1, 1993, an ordinance or resolution imposing , | ||||||
3 | increasing, decreasing, or
discontinuing the tax hereunder | ||||||
4 | shall be adopted and a certified copy
thereof filed with the | ||||||
5 | Department on or before the first day of October ,
whereupon the | ||||||
6 | Department shall proceed to administer and enforce this
Section | ||||||
7 | as of the first day of the first month to occur not less than 60 | ||||||
8 | days
January next following such adoption and filing.
| ||||||
9 | (n) The State Department of Revenue shall, upon collecting | ||||||
10 | any taxes
as provided in this Section, pay the taxes over to | ||||||
11 | the State Treasurer
as trustee for the Authority. The taxes | ||||||
12 | shall be held in a trust fund
outside the State Treasury. On or | ||||||
13 | before the 25th day of each calendar
month, the State | ||||||
14 | Department of Revenue shall prepare and certify to the
| ||||||
15 | Comptroller of the State of Illinois and
the amount to be paid | ||||||
16 | to the
Authority, which shall be the then balance in the fund, | ||||||
17 | less any amount
determined by the Department to be necessary | ||||||
18 | for the payment of refunds.
The State Department of Revenue | ||||||
19 | shall also certify to the Authority (i) the
amount of taxes | ||||||
20 | collected in each County other than Cook County in the
| ||||||
21 | metropolitan region , (ii)
less the amount necessary for the | ||||||
22 | payment of refunds to
taxpayers in the County. With regard to | ||||||
23 | the County of Cook, the
certification shall specify the amount | ||||||
24 | of taxes collected within the City
of Chicago ,
less the amount | ||||||
25 | necessary for the payment of refunds to
taxpayers in the City | ||||||
26 | of Chicago and (iii) the amount collected in that portion
of |
| |||||||
| |||||||
1 | Cook County outside of Chicago , each amount less the amount | ||||||
2 | necessary for the payment
of refunds to taxpayers located in | ||||||
3 | those areas described in items (i), (ii), and (iii)
in that | ||||||
4 | portion of Cook County outside of Chicago .
Within 10 days after | ||||||
5 | receipt by the Comptroller of the certification of
the amounts
| ||||||
6 | amount to be paid to the Authority , the Comptroller shall cause | ||||||
7 | an
order to be drawn for the payment of two-thirds of the | ||||||
8 | amounts certified in item (i) of this subsection to the | ||||||
9 | Authority and one-third of the amounts certified in item (i) of | ||||||
10 | this subsection to the respective counties other than Cook | ||||||
11 | County and the amount certified in items (ii) and (iii) of this | ||||||
12 | subsection to the Authority
for the amount
in accordance with | ||||||
13 | the direction in the certification .
| ||||||
14 | In addition to the disbursement required by the preceding | ||||||
15 | paragraph, an
allocation shall be made in July 1991 and each | ||||||
16 | year thereafter to the
Regional Transportation Authority. The | ||||||
17 | allocation shall be made in an
amount equal to the average | ||||||
18 | monthly distribution during the preceding
calendar year | ||||||
19 | (excluding the 2 months of lowest receipts) and the
allocation | ||||||
20 | shall include the amount of average monthly distribution from
| ||||||
21 | the Regional Transportation Authority Occupation and Use Tax | ||||||
22 | Replacement
Fund. The distribution made in July 1992 and each | ||||||
23 | year thereafter under
this paragraph and the preceding | ||||||
24 | paragraph shall be reduced by the amount
allocated and | ||||||
25 | disbursed under this paragraph in the preceding calendar
year. | ||||||
26 | The Department of Revenue shall prepare and certify to the
|
| |||||||
| |||||||
1 | Comptroller for disbursement the allocations made in | ||||||
2 | accordance with this
paragraph.
| ||||||
3 | (o) Failure to adopt a budget ordinance or otherwise to | ||||||
4 | comply with
Section 4.01 of this Act or to adopt a Five-year | ||||||
5 | Capital Program or otherwise to
comply with paragraph (b) of | ||||||
6 | Section 2.01 of this Act shall not affect
the validity of any | ||||||
7 | tax imposed by the Authority otherwise in conformity
with law.
| ||||||
8 | (p) At no time shall a public transportation tax or motor | ||||||
9 | vehicle
parking tax authorized under paragraphs (b), (c) and | ||||||
10 | (d) of this Section
be in effect at the same time as any | ||||||
11 | retailers' occupation, use or
service occupation tax | ||||||
12 | authorized under paragraphs (e), (f) and (g) of
this Section is | ||||||
13 | in effect.
| ||||||
14 | Any taxes imposed under the authority provided in | ||||||
15 | paragraphs (b), (c)
and (d) shall remain in effect only until | ||||||
16 | the time as any tax
authorized by paragraphs (e), (f) or (g) of | ||||||
17 | this Section are imposed and
becomes effective. Once any tax | ||||||
18 | authorized by paragraphs (e), (f) or (g)
is imposed the Board | ||||||
19 | may not reimpose taxes as authorized in paragraphs
(b), (c) and | ||||||
20 | (d) of the Section unless any tax authorized by
paragraphs (e), | ||||||
21 | (f) or (g) of this Section becomes ineffective by means
other | ||||||
22 | than an ordinance of the Board.
| ||||||
23 | (q) Any existing rights, remedies and obligations | ||||||
24 | (including
enforcement by the Regional Transportation | ||||||
25 | Authority) arising under any
tax imposed under paragraphs (b), | ||||||
26 | (c) or (d) of this Section shall not
be affected by the |
| |||||||
| |||||||
1 | imposition of a tax under paragraphs (e), (f) or (g)
of this | ||||||
2 | Section.
| ||||||
3 | (Source: P.A. 92-221, eff. 8-2-01; 92-651, eff. 7-11-02; | ||||||
4 | 93-1068, eff. 1-15-05.)
| ||||||
5 | (70 ILCS 3615/4.04) (from Ch. 111 2/3, par. 704.04)
| ||||||
6 | Sec. 4.04. Issuance and Pledge of Bonds and Notes.
| ||||||
7 | (a) The Authority shall have the continuing power to borrow | ||||||
8 | money and to
issue its negotiable bonds or notes as provided in | ||||||
9 | this Section. Unless
otherwise indicated in this Section, the | ||||||
10 | term "notes" also includes bond
anticipation notes, which are | ||||||
11 | notes which by their terms provide for
their payment from the | ||||||
12 | proceeds of bonds thereafter to be issued. Bonds
or notes of | ||||||
13 | the Authority may be issued for any or all of the following
| ||||||
14 | purposes: to pay costs to the Authority or a Service Board of | ||||||
15 | constructing
or acquiring any public transportation facilities | ||||||
16 | (including funds and
rights relating thereto, as provided in | ||||||
17 | Section 2.05 of this Act); to repay
advances to the Authority | ||||||
18 | or a Service Board made for such purposes; to pay
other | ||||||
19 | expenses of the Authority or a Service Board incident to or | ||||||
20 | incurred
in connection with such construction or acquisition; | ||||||
21 | to provide funds for
any transportation agency to pay principal
| ||||||
22 | of or interest or redemption premium on any bonds or notes, | ||||||
23 | whether
as such amounts become due or by earlier redemption, | ||||||
24 | issued prior to the
date of this amendatory Act by such | ||||||
25 | transportation agency to construct or
acquire public |
| |||||||
| |||||||
1 | transportation facilities or to provide funds to purchase
such | ||||||
2 | bonds or notes; and to provide funds for any transportation | ||||||
3 | agency to
construct or acquire any public transportation | ||||||
4 | facilities, to repay
advances made for such purposes, and to | ||||||
5 | pay other expenses incident to
or incurred in connection with | ||||||
6 | such construction or acquisition; and to
provide funds for | ||||||
7 | payment of obligations, including the funding of reserves,
| ||||||
8 | under any self-insurance plan or joint self-insurance pool or | ||||||
9 | entity.
| ||||||
10 | In addition to any other borrowing as may be authorized by | ||||||
11 | this Section,
the Authority may issue its notes, from time to | ||||||
12 | time, in anticipation of
tax receipts of the Authority or of | ||||||
13 | other
revenues or receipts of the Authority, in order to | ||||||
14 | provide money for the
Authority or the Service Boards to cover | ||||||
15 | any cash flow deficit which
the Authority or a Service Board | ||||||
16 | anticipates incurring. Any such notes
are referred to in this | ||||||
17 | Section as "Working Cash Notes". No Working
Cash Notes shall be | ||||||
18 | issued for a term of longer than 24
18 months.
Proceeds of | ||||||
19 | Working Cash Notes may be used to pay day to day operating
| ||||||
20 | expenses of the Authority or the Service Boards, consisting of | ||||||
21 | wages,
salaries and fringe benefits, professional and | ||||||
22 | technical services
(including legal, audit, engineering and | ||||||
23 | other consulting services), office
rental, furniture, fixtures | ||||||
24 | and equipment, insurance premiums, claims for
self-insured | ||||||
25 | amounts under insurance policies, public utility
obligations | ||||||
26 | for telephone, light, heat and similar items, travel expenses,
|
| |||||||
| |||||||
1 | office supplies, postage, dues, subscriptions, public hearings | ||||||
2 | and information
expenses, fuel purchases, and payments of | ||||||
3 | grants and payments under purchase
of service agreements for | ||||||
4 | operations of transportation agencies, prior to
the receipt by | ||||||
5 | the Authority or a Service Board from time to time of
funds for | ||||||
6 | paying such expenses. In addition to any Working Cash Notes
| ||||||
7 | that the Board of the Authority may determine to issue, the | ||||||
8 | Suburban Bus
Board, the Commuter Rail Board or the Board of the | ||||||
9 | Chicago Transit Authority
may demand and direct that the | ||||||
10 | Authority issue its Working Cash Notes in
such amounts and | ||||||
11 | having such maturities as the Service Board may determine.
| ||||||
12 | Notwithstanding any other provision of this Act, any | ||||||
13 | amounts necessary to
pay principal of and interest on any
| ||||||
14 | Working Cash Notes issued at the demand
and direction of a | ||||||
15 | Service Board or any Working Cash Notes the proceeds of
which | ||||||
16 | were used for the direct benefit of a Service Board or any | ||||||
17 | other
Bonds or Notes of the Authority the proceeds of which | ||||||
18 | were used for the
direct benefit of a Service Board shall | ||||||
19 | constitute a reduction of the amount
of any other funds | ||||||
20 | provided by the Authority to that Service
Board. The Authority | ||||||
21 | shall, after deducting any costs of issuance, tender
the net | ||||||
22 | proceeds of any Working Cash Notes issued at the demand and
| ||||||
23 | direction of a Service Board to such Service Board as soon as | ||||||
24 | may be
practicable after the proceeds are received. The | ||||||
25 | Authority may also issue
notes or bonds to pay, refund or | ||||||
26 | redeem any of its notes and bonds,
including to pay redemption |
| |||||||
| |||||||
1 | premiums or accrued interest on such bonds or
notes being | ||||||
2 | renewed, paid or refunded, and other costs in connection
| ||||||
3 | therewith. The Authority may also utilize the proceeds of any | ||||||
4 | such bonds or
notes to pay the legal, financial, administrative | ||||||
5 | and other expenses of
such authorization, issuance, sale or | ||||||
6 | delivery of bonds or notes or to
provide or increase a debt | ||||||
7 | service reserve fund with respect to any or all
of its bonds or | ||||||
8 | notes. The Authority may also issue and deliver
its bonds or | ||||||
9 | notes in exchange for any public transportation facilities,
| ||||||
10 | (including funds and rights relating thereto, as provided in | ||||||
11 | Section
2.05 of this Act) or in exchange for outstanding bonds | ||||||
12 | or notes of the
Authority, including any accrued interest or | ||||||
13 | redemption premium thereon,
without advertising or submitting | ||||||
14 | such notes or bonds for public bidding.
| ||||||
15 | (b) The ordinance providing for the issuance of any such | ||||||
16 | bonds or
notes shall fix the date or dates of maturity, the | ||||||
17 | dates on which
interest is payable, any sinking fund account or | ||||||
18 | reserve fund account
provisions and all other details of such | ||||||
19 | bonds or notes and may provide
for such covenants or agreements | ||||||
20 | necessary or desirable with regard to
the issue, sale and | ||||||
21 | security of such bonds or notes. The rate or rates of
interest | ||||||
22 | on its bonds or notes may be fixed or variable and the | ||||||
23 | Authority
shall determine or provide for the determination of | ||||||
24 | the rate or
rates of interest of its bonds or notes
issued | ||||||
25 | under this Act in an ordinance adopted by the Authority prior | ||||||
26 | to
the issuance thereof, none of which rates of interest shall |
| |||||||
| |||||||
1 | exceed
that permitted in the Bond Authorization Act. Interest | ||||||
2 | may be payable at such times as are provided for
by the Board. | ||||||
3 | Bonds and notes issued under this Section may
be issued as | ||||||
4 | serial or term obligations, shall be of such denomination
or | ||||||
5 | denominations and form, including interest coupons to be | ||||||
6 | attached
thereto, be executed in such manner, shall be payable | ||||||
7 | at such place or
places and bear such date as the Authority | ||||||
8 | shall fix by the ordinance
authorizing such bond or note and | ||||||
9 | shall mature at such time or times,
within a period not to | ||||||
10 | exceed forty years from the date of issue, and
may be | ||||||
11 | redeemable prior to maturity with or without premium, at the
| ||||||
12 | option of the Authority, upon such terms and conditions as the | ||||||
13 | Authority
shall fix by the ordinance authorizing the issuance | ||||||
14 | of such bonds or
notes. No bond anticipation note or any | ||||||
15 | renewal thereof shall mature at
any time or times exceeding 5 | ||||||
16 | years from the date of the first issuance
of such note. The | ||||||
17 | Authority may provide for the registration of bonds or
notes in | ||||||
18 | the name of the owner as to the principal alone or as to both
| ||||||
19 | principal and interest, upon such terms and conditions as the | ||||||
20 | Authority
may determine. The ordinance authorizing bonds or | ||||||
21 | notes may provide for
the exchange of such bonds or notes which | ||||||
22 | are fully registered, as to
both principal and interest, with | ||||||
23 | bonds or notes which are registerable
as to principal only. All | ||||||
24 | bonds or notes issued under this Section by
the Authority other | ||||||
25 | than those issued in exchange for property or for
bonds or | ||||||
26 | notes of the Authority shall be sold at a price which may be at
|
| |||||||
| |||||||
1 | a premium or discount but such that the interest cost | ||||||
2 | (excluding any
redemption premium) to the Authority of the | ||||||
3 | proceeds of an issue of such
bonds or notes, computed to stated | ||||||
4 | maturity according to standard tables
of bond values, shall not | ||||||
5 | exceed that permitted in the Bond Authorization
Act. The | ||||||
6 | Authority shall notify
the
Governor's Office of Management and | ||||||
7 | Budget and the State Comptroller at least 30 days
before any | ||||||
8 | bond sale and shall file with the
Governor's Office of | ||||||
9 | Management and Budget and the
State Comptroller a certified | ||||||
10 | copy of any ordinance authorizing the issuance
of bonds at or | ||||||
11 | before the issuance of the bonds.
After December 31, 1994, any | ||||||
12 | such bonds or notes shall be sold
to the highest and best | ||||||
13 | bidder on sealed bids as the Authority shall deem.
As such | ||||||
14 | bonds or notes are to be sold the Authority shall advertise for
| ||||||
15 | proposals to purchase the bonds or notes which advertisement | ||||||
16 | shall be published
at least once in a daily newspaper of | ||||||
17 | general circulation published in the
metropolitan region at | ||||||
18 | least 10 days before the time set for the submission
of bids. | ||||||
19 | The Authority shall have the right to reject any or all bids.
| ||||||
20 | Notwithstanding any other provisions of this Section, Working | ||||||
21 | Cash Notes or
bonds or notes to provide funds for | ||||||
22 | self-insurance or a joint self-insurance
pool or entity may be | ||||||
23 | sold either upon competitive bidding or by negotiated
sale
| ||||||
24 | (without any requirement of publication of intention to | ||||||
25 | negotiate the sale
of such Notes), as the Board shall determine | ||||||
26 | by ordinance adopted with the
affirmative votes of at least 9
7 |
| |||||||
| |||||||
1 | Directors. In case any officer whose signature
appears on any | ||||||
2 | bonds, notes or coupons authorized pursuant to this
Section | ||||||
3 | shall cease to be such officer before delivery of such bonds or
| ||||||
4 | notes, such signature shall nevertheless be valid and | ||||||
5 | sufficient for all
purposes, the same as if such officer had | ||||||
6 | remained in office until such
delivery. Neither the Directors | ||||||
7 | of the Authority nor any person
executing any bonds or notes | ||||||
8 | thereof shall be liable personally on any
such bonds or notes | ||||||
9 | or coupons by reason of the issuance thereof.
| ||||||
10 | (c) All bonds or notes of the Authority issued pursuant to | ||||||
11 | this Section
shall be general obligations
of the Authority to | ||||||
12 | which shall be pledged the full faith and credit of the
| ||||||
13 | Authority, as provided in this Section. Such bonds or notes
| ||||||
14 | shall be secured
as provided in the authorizing ordinance, | ||||||
15 | which may, notwithstanding any other
provision of this Act, | ||||||
16 | include in addition to any other security, a specific
pledge or | ||||||
17 | assignment of and lien on or security interest in any or all | ||||||
18 | tax
receipts of the Authority and on any or all other revenues | ||||||
19 | or moneys of the
Authority from whatever source, which may by | ||||||
20 | law be utilized for debt
service purposes and a specific pledge | ||||||
21 | or assignment of and lien on or security
interest in any funds | ||||||
22 | or accounts established or provided for by the ordinance
of the | ||||||
23 | Authority authorizing the issuance of such bonds or notes. Any | ||||||
24 | such
pledge, assignment, lien or security interest for the | ||||||
25 | benefit of holders of
bonds or notes of the Authority shall be | ||||||
26 | valid and binding from the time the
bonds or notes are issued |
| |||||||
| |||||||
1 | without any physical delivery or further act
and shall be valid | ||||||
2 | and binding as against and prior to the claims of all
other | ||||||
3 | parties having claims of any kind against the Authority or any | ||||||
4 | other
person irrespective of whether such other parties have | ||||||
5 | notice of such pledge,
assignment, lien or security interest. | ||||||
6 | The obligations of the Authority
incurred pursuant to this | ||||||
7 | Section shall be superior to and have priority over
any other | ||||||
8 | obligations of the Authority.
| ||||||
9 | The Authority may provide in the
ordinance authorizing the | ||||||
10 | issuance of any bonds or notes issued pursuant to
this Section | ||||||
11 | for the creation of, deposits in, and regulation and | ||||||
12 | disposition
of sinking fund or reserve accounts relating to | ||||||
13 | such bonds or notes. The
ordinance authorizing the issuance of | ||||||
14 | any bonds or notes pursuant to this
Section may contain | ||||||
15 | provisions as part of the contract with the holders
of the | ||||||
16 | bonds or notes, for the creation of a separate fund to provide
| ||||||
17 | for the payment of principal and interest on such bonds or | ||||||
18 | notes
and for the deposit in such fund from any or all the tax | ||||||
19 | receipts of the
Authority and from any or all such other moneys | ||||||
20 | or revenues of the
Authority from whatever source which may by | ||||||
21 | law be utilized for debt
service purposes, all as provided in | ||||||
22 | such ordinance, of amounts to meet
the debt service | ||||||
23 | requirements on such bonds or notes, including
principal and | ||||||
24 | interest, and any sinking fund or reserve fund account
| ||||||
25 | requirements as may be provided by such ordinance, and all | ||||||
26 | expenses
incident to or in connection with such fund and |
| |||||||
| |||||||
1 | accounts or the payment
of such bonds or notes.
Such ordinance | ||||||
2 | may also provide limitations on the issuance of additional
| ||||||
3 | bonds or notes of the Authority. No such bonds or notes of the | ||||||
4 | Authority
shall constitute a debt of the State of Illinois. | ||||||
5 | Nothing in this Act shall
be construed to enable the Authority | ||||||
6 | to impose any ad valorem tax on property.
| ||||||
7 | (d) The ordinance of the Authority authorizing the issuance | ||||||
8 | of any bonds
or notes may provide additional security for such | ||||||
9 | bonds or notes by providing
for appointment of a corporate | ||||||
10 | trustee (which may be any trust company or
bank having the | ||||||
11 | powers of a trust company within the state) with respect
to | ||||||
12 | such bonds or notes. The ordinance shall prescribe the rights, | ||||||
13 | duties
and powers of the trustee to be exercised for the | ||||||
14 | benefit of the Authority
and the protection of the holders of | ||||||
15 | such bonds or notes. The ordinance
may provide for the trustee | ||||||
16 | to hold in trust, invest and use amounts in
funds and accounts | ||||||
17 | created as provided by the ordinance with respect to
the bonds | ||||||
18 | or notes. The ordinance may provide for the assignment and | ||||||
19 | direct
payment to the trustee of any or all amounts produced | ||||||
20 | from the sources
provided in Section 4.03 and Section 4.09 of | ||||||
21 | this Act and provided in Section 6z-17 of "An Act
in relation | ||||||
22 | to State finance", approved June 10, 1919, as amended.
Upon | ||||||
23 | receipt of notice of any such assignment, the Department of | ||||||
24 | Revenue and
the Comptroller of the State of Illinois shall | ||||||
25 | thereafter, notwithstanding the
provisions of Section 4.03 and | ||||||
26 | Section 4.09 of this Act and Section 6z-17 of "An Act in |
| |||||||
| |||||||
1 | relation
to State finance", approved June 10, 1919, as amended, | ||||||
2 | provide for such
assigned amounts to be paid directly to the | ||||||
3 | trustee instead of the Authority,
all in accordance with the | ||||||
4 | terms of the ordinance making the assignment. The
ordinance | ||||||
5 | shall provide that
amounts so paid to the trustee which are not | ||||||
6 | required to be deposited, held
or invested in funds and | ||||||
7 | accounts created by the ordinance with respect
to bonds or | ||||||
8 | notes or used for paying bonds or notes to be paid by the | ||||||
9 | trustee
to the Authority.
| ||||||
10 | (e) Any bonds or notes of the Authority issued pursuant to | ||||||
11 | this
Section shall constitute a contract between the Authority | ||||||
12 | and the
holders from time to time of such bonds or notes. In | ||||||
13 | issuing any bond or
note, the Authority may include in the | ||||||
14 | ordinance authorizing such issue
a covenant as part of the | ||||||
15 | contract with the holders of the bonds or
notes, that as long | ||||||
16 | as such obligations are outstanding, it shall make
such | ||||||
17 | deposits, as provided in paragraph (c) of this Section. It may | ||||||
18 | also
so covenant that it shall impose and continue to impose | ||||||
19 | taxes, as
provided in Section 4.03 of this Act and in addition | ||||||
20 | thereto as
subsequently authorized by law, sufficient to make | ||||||
21 | such deposits and pay
the principal and interest and to meet | ||||||
22 | other debt service requirements
of such bonds or notes as they | ||||||
23 | become due. A certified copy of the
ordinance authorizing the | ||||||
24 | issuance of any such obligations shall be
filed at or prior to | ||||||
25 | the issuance of such obligations with the Comptroller
of the | ||||||
26 | State of Illinois and the Illinois Department of Revenue.
|
| |||||||
| |||||||
1 | (f) The State of Illinois pledges to and agrees with the | ||||||
2 | holders of
the bonds and notes of the Authority issued pursuant | ||||||
3 | to this Section
that the State will not limit or alter the | ||||||
4 | rights and powers vested in
the Authority by this Act so as to | ||||||
5 | impair the terms of any contract made
by the Authority with | ||||||
6 | such holders or in any way impair the rights and
remedies of | ||||||
7 | such holders until such bonds and notes, together with
interest | ||||||
8 | thereon, with interest on any unpaid installments of interest,
| ||||||
9 | and all costs and expenses in connection with any action or | ||||||
10 | proceedings
by or on behalf of such holders, are fully met and | ||||||
11 | discharged. In
addition, the State pledges to and agrees with | ||||||
12 | the holders of the bonds
and notes of the Authority issued | ||||||
13 | pursuant to this Section that the
State will not limit or alter | ||||||
14 | the basis on which State funds are to be
paid to the Authority | ||||||
15 | as provided in this Act, or the use of such funds,
so as to | ||||||
16 | impair the terms of any such contract. The Authority is
| ||||||
17 | authorized to include these pledges and agreements of the State | ||||||
18 | in any
contract with the holders of bonds or notes issued | ||||||
19 | pursuant to this
Section.
| ||||||
20 | (g) (1) Except as provided in subdivisions (g)(2) and | ||||||
21 | (g)(3) of Section
4.04 of this Act, the Authority shall not | ||||||
22 | at any time issue, sell or deliver
any bonds or notes | ||||||
23 | (other than Working Cash Notes) pursuant to this Section
| ||||||
24 | 4.04 which will cause
it to have issued and outstanding at | ||||||
25 | any time in excess of $800,000,000 of such
bonds and notes | ||||||
26 | (other than Working Cash Notes).
The Authority shall not at |
| |||||||
| |||||||
1 | any time issue, sell, or deliver any Working Cash Notes | ||||||
2 | pursuant to this Section that will cause it to have issued | ||||||
3 | and outstanding at any time in excess of $100,000,000. | ||||||
4 | Notwithstanding the foregoing, before January 1, 2009, the | ||||||
5 | Authority may issue and have outstanding an additional | ||||||
6 | $300,000,000 in Working Cash Notes, provided that no such | ||||||
7 | note shall mature later than December 31, 2010.
The | ||||||
8 | Authority shall not at any time issue, sell or deliver any | ||||||
9 | Working
Cash Notes pursuant to this Section which will | ||||||
10 | cause it to have issued and
outstanding at any time in | ||||||
11 | excess of $100,000,000 of Working Cash Notes.
Bonds or | ||||||
12 | notes which are being paid or retired by
such issuance, | ||||||
13 | sale or delivery of bonds or notes, and bonds or notes for
| ||||||
14 | which sufficient funds have been deposited with the paying | ||||||
15 | agency of
such bonds or notes to provide for payment of | ||||||
16 | principal and interest
thereon or to provide for the | ||||||
17 | redemption thereof, all pursuant to the
ordinance | ||||||
18 | authorizing the issuance of such bonds or notes, shall not | ||||||
19 | be
considered to be outstanding for the purposes of the | ||||||
20 | first two sentences
of this subsection.
| ||||||
21 | (2) In addition to the authority provided by paragraphs
| ||||||
22 | (1) and (3), the Authority is authorized to issue, sell and | ||||||
23 | deliver bonds
or notes for Strategic Capital Improvement | ||||||
24 | Projects approved pursuant to
Section 4.13 as follows:
| ||||||
25 | $100,000,000 is authorized to be issued on or after | ||||||
26 | January 1, 1990;
|
| |||||||
| |||||||
1 | an additional $100,000,000 is authorized to be issued | ||||||
2 | on or after
January 1, 1991;
| ||||||
3 | an additional $100,000,000 is authorized to be issued | ||||||
4 | on or after
January 1, 1992;
| ||||||
5 | an additional $100,000,000 is authorized to be issued | ||||||
6 | on or after
January 1, 1993;
| ||||||
7 | an additional $100,000,000 is authorized to be issued | ||||||
8 | on or after
January 1, 1994; and
| ||||||
9 | the aggregate total authorization of bonds and notes | ||||||
10 | for Strategic
Capital Improvement Projects as of January 1, | ||||||
11 | 1994, shall be $500,000,000.
| ||||||
12 | The Authority is also authorized to issue, sell, and | ||||||
13 | deliver bonds or
notes in such amounts as are necessary to | ||||||
14 | provide for the refunding or advance
refunding of bonds or | ||||||
15 | notes issued for Strategic Capital Improvement Projects
| ||||||
16 | under this subdivision (g)(2), provided that no such | ||||||
17 | refunding bond or note
shall mature later than the final | ||||||
18 | maturity date of the series of bonds or notes
being | ||||||
19 | refunded, and provided further that the debt service | ||||||
20 | requirements for
such refunding bonds or notes in the | ||||||
21 | current or any future fiscal year shall
not exceed the debt | ||||||
22 | service requirements for that year on the refunded bonds
or | ||||||
23 | notes.
| ||||||
24 | (3) In addition to the authority provided by paragraphs | ||||||
25 | (1) and (2),
the Authority is authorized to issue, sell, | ||||||
26 | and deliver bonds or notes for
Strategic Capital |
| |||||||
| |||||||
1 | Improvement Projects approved pursuant to Section 4.13 as
| ||||||
2 | follows:
| ||||||
3 | $260,000,000 is authorized to be issued on or after | ||||||
4 | January 1, 2000;
| ||||||
5 | an additional $260,000,000 is authorized to be issued | ||||||
6 | on or after
January 1, 2001;
| ||||||
7 | an additional $260,000,000 is authorized to be issued | ||||||
8 | on or after
January 1, 2002;
| ||||||
9 | an additional $260,000,000 is authorized to be issued | ||||||
10 | on or after
January 1, 2003;
| ||||||
11 | an additional $260,000,000 is authorized to be issued | ||||||
12 | on or after
January 1, 2004; and
| ||||||
13 | the aggregate total authorization of bonds and notes | ||||||
14 | for Strategic
Capital Improvement Projects pursuant to | ||||||
15 | this paragraph (3) as of
January 1, 2004 shall be | ||||||
16 | $1,300,000,000.
| ||||||
17 | The Authority is also authorized to issue, sell, and | ||||||
18 | deliver bonds or notes
in such amounts as are necessary to | ||||||
19 | provide for the refunding or advance
refunding of bonds or | ||||||
20 | notes issued for Strategic Capital Improvement projects
| ||||||
21 | under this subdivision (g)(3), provided that no such | ||||||
22 | refunding bond or note
shall mature later than the final | ||||||
23 | maturity date of the series of bonds or notes
being | ||||||
24 | refunded, and provided further that the debt service | ||||||
25 | requirements for
such refunding bonds or notes in the | ||||||
26 | current or any future fiscal year shall
not exceed the debt |
| |||||||
| |||||||
1 | service requirements for that year on the refunded bonds or
| ||||||
2 | notes.
| ||||||
3 | (h) The Authority, subject to the terms of any agreements | ||||||
4 | with noteholders
or bond holders as may then exist, shall have | ||||||
5 | power, out of any funds
available therefor, to purchase notes | ||||||
6 | or bonds of the Authority, which
shall thereupon be cancelled.
| ||||||
7 | (i) In addition to any other authority granted by law, the | ||||||
8 | State Treasurer
may, with the approval of the Governor, invest | ||||||
9 | or reinvest, at a price not
to exceed par, any State money in | ||||||
10 | the State Treasury which is not needed
for current expenditures | ||||||
11 | due or about to become due in Working Cash Notes.
| ||||||
12 | (Source: P.A. 94-793, eff. 5-19-06.)
| ||||||
13 | (70 ILCS 3615/4.09) (from Ch. 111 2/3, par. 704.09)
| ||||||
14 | Sec. 4.09. Public Transportation Fund and the Regional | ||||||
15 | Transportation
Authority Occupation and Use Tax Replacement | ||||||
16 | Fund.
| ||||||
17 | (a)(1)
(a) As soon as possible after the first day of each | ||||||
18 | month, beginning
November 1, 1983, the Comptroller shall order | ||||||
19 | transferred and the Treasurer
shall transfer from the General | ||||||
20 | Revenue Fund to a special fund in the State
Treasury, to be | ||||||
21 | known as the "Public Transportation Fund" $9,375,000 for
each | ||||||
22 | month remaining in State fiscal year 1984. As soon as possible | ||||||
23 | after
the first day of each month, beginning July 1, 1984, upon | ||||||
24 | certification of
the Department of Revenue, the Comptroller | ||||||
25 | shall order transferred and the
Treasurer shall transfer from |
| |||||||
| |||||||
1 | the General Revenue Fund to the Public
Transportation Fund an | ||||||
2 | amount equal to 25% of the net revenue, before the
deduction of | ||||||
3 | the serviceman and retailer discounts pursuant to Section 9 of
| ||||||
4 | the Service Occupation Tax Act and Section 3 of the Retailers' | ||||||
5 | Occupation
Tax Act, realized from
any tax imposed by the | ||||||
6 | Authority pursuant to
Sections 4.03 and 4.03.1 and 25% of the | ||||||
7 | amounts deposited into the Regional
Transportation Authority | ||||||
8 | tax fund created by Section 4.03 of this Act, from
the County | ||||||
9 | and Mass Transit District Fund as provided in Section 6z-20 of
| ||||||
10 | the State Finance Act and 25% of the amounts deposited into the | ||||||
11 | Regional
Transportation Authority Occupation and Use Tax | ||||||
12 | Replacement Fund from the
State and Local Sales Tax Reform Fund | ||||||
13 | as provided in Section 6z-17 of the
State Finance Act.
Net | ||||||
14 | revenue realized for a month shall be the revenue
collected by | ||||||
15 | the State pursuant to Sections 4.03 and 4.03.1 during the
| ||||||
16 | previous month from within the metropolitan region, less the | ||||||
17 | amount paid
out during that same month as refunds to taxpayers | ||||||
18 | for overpayment of
liability in the metropolitan region under | ||||||
19 | Sections 4.03 and 4.03.1.
| ||||||
20 | (b)(1) All moneys deposited in the Public Transportation | ||||||
21 | Fund and the
Regional Transportation Authority Occupation and | ||||||
22 | Use Tax Replacement Fund,
whether deposited pursuant to this | ||||||
23 | Section or otherwise, are allocated to
the Authority. Pursuant | ||||||
24 | to appropriation, the Comptroller, as soon as
possible after | ||||||
25 | each monthly transfer provided in this Section and after
each | ||||||
26 | deposit into the Public Transportation Fund, shall order the |
| |||||||
| |||||||
1 | Treasurer
to pay to the Authority out of the Public | ||||||
2 | Transportation Fund the amount so
transferred or deposited.
| ||||||
3 | Such amounts paid to the Authority may be
expended by it for | ||||||
4 | its purposes as provided in this Act. Subject to appropriation | ||||||
5 | to the Department of Revenue, the Comptroller,
as soon as | ||||||
6 | possible after each deposit into the Regional Transportation
| ||||||
7 | Authority Occupation and Use Tax Replacement Fund provided in | ||||||
8 | this Section
and Section 6z-17 of the State Finance Act, shall | ||||||
9 | order the Treasurer
to pay to the Authority out of the Regional | ||||||
10 | Transportation Authority
Occupation and Use Tax Replacement | ||||||
11 | Fund the amount so deposited. Such
amounts paid to the | ||||||
12 | Authority may be expended by it for its purposes as
provided in | ||||||
13 | this Act. (2) Provided, however, no moneys deposited under | ||||||
14 | subsection (a)
of this Section shall be paid from the Public | ||||||
15 | Transportation
Fund to the Authority or its assignee for any | ||||||
16 | fiscal year beginning after
the effective
date of this | ||||||
17 | amendatory Act of 1983 until the Authority has certified to
the | ||||||
18 | Governor, the Comptroller, and the Mayor of the City of Chicago | ||||||
19 | that it
has adopted for that fiscal year an Annual Budget and | ||||||
20 | Two-Year Financial Plan
a budget and financial plan meeting the
| ||||||
21 | requirements in Section 4.01(b).
| ||||||
22 | (c) In recognition of the efforts of the Authority to | ||||||
23 | enhance the mass
transportation facilities under its control, | ||||||
24 | the State shall provide
financial assistance ("Additional | ||||||
25 | State Assistance") in excess of the
amounts transferred to the | ||||||
26 | Authority from the General Revenue Fund under
subsection (a) of |
| ||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||
1 | this Section. Additional State Assistance shall be
calculated | |||||||||||||||||||||||||||||||||||||||||
2 | as provided in
subsection (d), but shall in no event exceed the | |||||||||||||||||||||||||||||||||||||||||
3 | following
specified amounts with respect to the following State | |||||||||||||||||||||||||||||||||||||||||
4 | fiscal years:
| |||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||
15 | (c-5) The State shall provide financial assistance | |||||||||||||||||||||||||||||||||||||||||
16 | ("Additional Financial
Assistance") in addition to the | |||||||||||||||||||||||||||||||||||||||||
17 | Additional State Assistance provided by
subsection (c) and the | |||||||||||||||||||||||||||||||||||||||||
18 | amounts transferred to the Authority from the General
Revenue | |||||||||||||||||||||||||||||||||||||||||
19 | Fund under subsection (a) of this Section. Additional Financial
| |||||||||||||||||||||||||||||||||||||||||
20 | Assistance provided by this subsection shall be calculated as | |||||||||||||||||||||||||||||||||||||||||
21 | provided in
subsection (d), but shall in no event exceed the | |||||||||||||||||||||||||||||||||||||||||
22 | following specified amounts
with respect to the following State | |||||||||||||||||||||||||||||||||||||||||
23 | fiscal years:
| |||||||||||||||||||||||||||||||||||||||||
|
| ||||||||||||||||||
| ||||||||||||||||||
| ||||||||||||||||||
5 | (d) Beginning with State fiscal year 1990 and continuing | |||||||||||||||||
6 | for each
State fiscal year thereafter, the Authority shall | |||||||||||||||||
7 | annually certify to the
State Comptroller and State Treasurer, | |||||||||||||||||
8 | separately with respect to each of
subdivisions (g)(2) and | |||||||||||||||||
9 | (g)(3) of Section 4.04 of this Act, the following
amounts:
| |||||||||||||||||
10 | (1) The amount necessary and required, during the State | |||||||||||||||||
11 | fiscal year with
respect to which the certification is | |||||||||||||||||
12 | made, to pay its obligations for debt
service on all | |||||||||||||||||
13 | outstanding bonds or notes issued by the Authority under | |||||||||||||||||
14 | subdivisions (g)(2) and (g)(3) of
Section 4.04 of this Act.
| |||||||||||||||||
15 | (2) An estimate of the amount necessary and required to | |||||||||||||||||
16 | pay its
obligations for debt service for any bonds or notes | |||||||||||||||||
17 | which the Authority anticipates it
will issue under | |||||||||||||||||
18 | subdivisions (g)(2) and (g)(3) of Section 4.04 during
that | |||||||||||||||||
19 | State fiscal year.
| |||||||||||||||||
20 | (3) Its debt service savings during the preceding State | |||||||||||||||||
21 | fiscal year
from refunding or advance refunding of bonds or | |||||||||||||||||
22 | notes issued under subdivisions
(g)(2) and (g)(3) of | |||||||||||||||||
23 | Section 4.04.
| |||||||||||||||||
24 | (4) The amount of interest, if any, earned by the | |||||||||||||||||
25 | Authority during the
previous State fiscal year on the | |||||||||||||||||
26 | proceeds of bonds or notes issued pursuant to
subdivisions |
| |||||||
| |||||||
1 | (g)(2) and (g)(3) of Section 4.04, other than refunding or | ||||||
2 | advance
refunding bonds or notes.
| ||||||
3 | The certification shall include a specific
schedule of debt | ||||||
4 | service payments, including the date and amount of each
payment | ||||||
5 | for all outstanding bonds or notes and an estimated schedule of
| ||||||
6 | anticipated debt service for all bonds and notes it intends to | ||||||
7 | issue, if any,
during that State fiscal year, including the | ||||||
8 | estimated date and estimated
amount of each payment.
| ||||||
9 | Immediately upon the issuance of bonds for which an | ||||||
10 | estimated schedule
of debt service payments was prepared, the | ||||||
11 | Authority shall file an amended
certification with respect to | ||||||
12 | item (2) above, to specify the actual
schedule of debt service | ||||||
13 | payments, including the date and amount of each
payment, for | ||||||
14 | the remainder of the State fiscal year.
| ||||||
15 | On the first day of each month of the
State fiscal year in | ||||||
16 | which there are bonds outstanding with respect to which
the | ||||||
17 | certification is made, the State Comptroller shall order | ||||||
18 | transferred and
the State Treasurer shall transfer from the | ||||||
19 | General Revenue Fund to the
Public Transportation Fund the | ||||||
20 | Additional State Assistance and Additional
Financial | ||||||
21 | Assistance in an amount equal to the aggregate of
(i) | ||||||
22 | one-twelfth of the sum of the amounts certified under items
(1) | ||||||
23 | and (3) above less the amount certified under item (4) above, | ||||||
24 | plus
(ii)
the amount required to pay debt service on bonds and | ||||||
25 | notes
issued during the fiscal year, if any, divided by the | ||||||
26 | number of months
remaining in the fiscal year after the date of |
| |||||||
| |||||||
1 | issuance, or some smaller
portion as may be necessary under | ||||||
2 | subsection (c)
or (c-5) of this Section for the relevant State | ||||||
3 | fiscal year, plus
(iii) any cumulative deficiencies in | ||||||
4 | transfers for prior months,
until an amount equal to the
sum of | ||||||
5 | the amounts certified under items (1) and (3) above,
plus the | ||||||
6 | actual debt service certified under item (2) above,
less the | ||||||
7 | amount certified under item (4) above,
has been transferred; | ||||||
8 | except that these transfers are subject to the
following | ||||||
9 | limits:
| ||||||
10 | (A) In no event shall the total transfers in any State | ||||||
11 | fiscal
year relating to outstanding bonds and notes issued | ||||||
12 | by the Authority under
subdivision (g)(2) of Section 4.04 | ||||||
13 | exceed the lesser of the annual maximum
amount specified in | ||||||
14 | subsection (c) or the sum of the amounts
certified under | ||||||
15 | items (1) and (3) above,
plus the actual debt service | ||||||
16 | certified under item (2) above,
less the amount certified | ||||||
17 | under item
(4) above, with respect to those bonds and | ||||||
18 | notes.
| ||||||
19 | (B) In no event shall the total transfers in any State | ||||||
20 | fiscal year
relating to outstanding bonds and notes issued | ||||||
21 | by the Authority under
subdivision (g)(3) of Section 4.04 | ||||||
22 | exceed the lesser of the annual maximum
amount specified in | ||||||
23 | subsection (c-5) or the sum of the amounts certified under
| ||||||
24 | items (1) and (3) above,
plus the actual debt service | ||||||
25 | certified under item (2) above,
less the amount certified | ||||||
26 | under item (4) above, with
respect to those bonds and |
| |||||||
| |||||||
1 | notes.
| ||||||
2 | The term "outstanding" does not include bonds or notes for | ||||||
3 | which
refunding or advance refunding bonds or notes have been | ||||||
4 | issued.
| ||||||
5 | (e) Neither Additional State Assistance nor Additional | ||||||
6 | Financial
Assistance may be pledged, either directly or
| ||||||
7 | indirectly as general revenues of the Authority, as security | ||||||
8 | for any bonds
issued by the Authority. The Authority may not | ||||||
9 | assign its right to receive
Additional State Assistance or | ||||||
10 | Additional Financial Assistance, or direct
payment of | ||||||
11 | Additional State
Assistance or Additional Financial | ||||||
12 | Assistance, to a trustee or any other
entity for the
payment of | ||||||
13 | debt service
on its bonds.
| ||||||
14 | (f) The certification required under subsection (d) with | ||||||
15 | respect to
outstanding bonds and notes of the Authority shall | ||||||
16 | be
filed as early as practicable before the beginning of the | ||||||
17 | State fiscal
year to which it relates. The certification shall | ||||||
18 | be revised as may be
necessary to accurately state the debt | ||||||
19 | service requirements of the Authority.
| ||||||
20 | (g) Within 6 months of the end of the 3 month period ending | ||||||
21 | December 31,
1983, and each fiscal year thereafter , the | ||||||
22 | Authority shall determine: | ||||||
23 | (i) whether
the aggregate of all system generated | ||||||
24 | revenues for public transportation
in the metropolitan | ||||||
25 | region which is provided by, or under grant or purchase
of | ||||||
26 | service contracts with, the Service Boards equals 50% of |
| |||||||
| |||||||
1 | the aggregate
of all costs of providing such public | ||||||
2 | transportation. "System generated
revenues" include all | ||||||
3 | the proceeds of fares and charges for services provided,
| ||||||
4 | contributions received in connection with public | ||||||
5 | transportation from units
of local government other than | ||||||
6 | the Authority , except for contributions received by the | ||||||
7 | Chicago Transit Authority from a real estate transfer tax | ||||||
8 | imposed under subsection (i) of Section 8-3-19 of the | ||||||
9 | Illinois Municipal Code, and from the State pursuant
to | ||||||
10 | subsection (i) of Section 2705-305 of the Department of | ||||||
11 | Transportation Law
(20 ILCS 2705/2705-305), and all other | ||||||
12 | revenues properly included consistent
with generally | ||||||
13 | accepted accounting principles but may not include: the | ||||||
14 | proceeds
from any borrowing, and, beginning with the 2007 | ||||||
15 | fiscal year, all revenues and receipts, including but not | ||||||
16 | limited to fares and grants received from the federal, | ||||||
17 | State or any unit of local government or other entity, | ||||||
18 | derived from providing ADA paratransit service pursuant to | ||||||
19 | Section 2.30 of the Regional Transportation Authority Act. | ||||||
20 | "Costs" include all items properly included as
operating | ||||||
21 | costs consistent with generally accepted accounting | ||||||
22 | principles,
including administrative costs, but do not | ||||||
23 | include: depreciation; payment
of principal and interest | ||||||
24 | on bonds, notes or other evidences of obligations
for | ||||||
25 | borrowed money of the Authority; payments with respect to | ||||||
26 | public
transportation facilities made pursuant to |
| |||||||
| |||||||
1 | subsection (b) of Section 2.20;
any payments with respect | ||||||
2 | to rate protection contracts, credit
enhancements or | ||||||
3 | liquidity agreements made under Section 4.14; any other
| ||||||
4 | cost as to which it is reasonably expected that a cash
| ||||||
5 | expenditure will not be made; costs up to $5,000,000 | ||||||
6 | annually for passenger
security including grants, | ||||||
7 | contracts, personnel, equipment and
administrative | ||||||
8 | expenses, except in the case of the Chicago Transit
| ||||||
9 | Authority, in which case the term does not include costs | ||||||
10 | spent annually by
that entity for protection against crime | ||||||
11 | as required by Section 27a of the
Metropolitan Transit | ||||||
12 | Authority Act; the costs of Debt Service paid by the | ||||||
13 | Chicago Transit Authority, as defined in Section 12c of the | ||||||
14 | Metropolitan Transit Authority Act, or bonds or notes | ||||||
15 | issued pursuant to that Section; the payment by the | ||||||
16 | Commuter Rail Division of debt service on bonds issued | ||||||
17 | pursuant to Section 3B.09; expenses incurred by the | ||||||
18 | Suburban Bus Division for the cost of new public | ||||||
19 | transportation services funded from grants pursuant to | ||||||
20 | Section 2.01e of this amendatory Act of the 95th General | ||||||
21 | Assembly for a period of 2 years from the date of | ||||||
22 | initiation of each such service; costs as exempted by the | ||||||
23 | Board for
projects pursuant to Section 2.09 of this Act; | ||||||
24 | or, beginning with the 2007 fiscal year, expenses related | ||||||
25 | to providing ADA paratransit service pursuant to Section | ||||||
26 | 2.30 of the Regional Transportation Authority Act ; or in |
| |||||||
| |||||||
1 | fiscal years 2008 through 2017 inclusive, costs in the | ||||||
2 | amount of $200,000,000 in fiscal year 2008, reducing by | ||||||
3 | $20,000,000 in each fiscal year thereafter until this | ||||||
4 | exemption is eliminated . If said system generated
revenues | ||||||
5 | are less than 50% of said costs, the Board shall remit an | ||||||
6 | amount
equal to the amount of the deficit to the State. The | ||||||
7 | Treasurer shall
deposit any such payment in the General | ||||||
8 | Revenue Fund; and
| ||||||
9 | (ii) whether, beginning with the 2007 fiscal year, the | ||||||
10 | aggregate of all fares charged and received for ADA | ||||||
11 | paratransit services equals the system generated ADA | ||||||
12 | paratransit services revenue recovery ratio percentage of | ||||||
13 | the aggregate of all costs of providing such ADA | ||||||
14 | paratransit services.
| ||||||
15 | (h) If the Authority makes any payment to the State under | ||||||
16 | paragraph (g),
the Authority shall reduce the amount provided | ||||||
17 | to a Service Board from funds
transferred under paragraph (a) | ||||||
18 | in proportion to the amount by which
that Service Board failed | ||||||
19 | to meet its required system generated revenues
recovery ratio. | ||||||
20 | A Service Board which is affected by a reduction in funds
under | ||||||
21 | this paragraph shall submit to the Authority concurrently with | ||||||
22 | its
next due quarterly report a revised budget incorporating | ||||||
23 | the reduction in
funds. The revised budget must meet the | ||||||
24 | criteria specified in clauses (i)
through (vi) of Section | ||||||
25 | 4.11(b)(2). The Board shall review and act on the
revised | ||||||
26 | budget as provided in Section 4.11(b)(3).
|
| |||||||
| |||||||
1 | (Source: P.A. 94-370, eff. 7-29-05.)"; and
| ||||||
2 | (70 ILCS 3615/4.11) (from Ch. 111 2/3, par. 704.11)
| ||||||
3 | Sec. 4.11. Budget Review Powers.
| ||||||
4 | (a) The provisions of this Section
shall only be applicable | ||||||
5 | to financial periods beginning after December 31,
1983. The | ||||||
6 | Transition Board shall adopt a timetable governing the | ||||||
7 | certification
of estimates and any submissions required under | ||||||
8 | this Section for fiscal
year 1984 which shall control over the | ||||||
9 | provisions of this Act. Based
upon estimates which shall be | ||||||
10 | given to the Authority by the Director of
the
Governor's Office | ||||||
11 | of Management and Budget (formerly
Bureau of the Budget) of the | ||||||
12 | receipts to be received by the
Authority from the taxes imposed
| ||||||
13 | by the Authority and the authorized estimates of amounts
to be | ||||||
14 | available from State and other sources to the Service Boards, | ||||||
15 | and
the times at which such receipts and amounts will be | ||||||
16 | available, the Board
shall, not later than the next preceding | ||||||
17 | September 15th prior to the beginning
of the Authority's next | ||||||
18 | fiscal year,
advise each Service Board of the amounts estimated | ||||||
19 | by the Board to be available
for such Service Board during such | ||||||
20 | fiscal year and the two following fiscal
years and the times at | ||||||
21 | which such amounts will be available. The Board
shall, at the | ||||||
22 | same time, also advise each Service Board of its required
| ||||||
23 | system generated revenues recovery ratio for the next fiscal | ||||||
24 | year which
shall be the percentage of the aggregate costs of | ||||||
25 | providing public
transportation by or under jurisdiction of |
| |||||||
| |||||||
1 | that Service Board which must be
recovered from system | ||||||
2 | generated revenues. The Board shall, at the same time, | ||||||
3 | beginning with the 2007 fiscal year, also advise each Service | ||||||
4 | Board that provides ADA paratransit services of its required | ||||||
5 | system generated ADA paratransit services revenue recovery | ||||||
6 | ratio for the next fiscal year which shall be the percentage of | ||||||
7 | the aggregate costs of providing ADA paratransit services by or | ||||||
8 | under jurisdiction of that Service Board which must be | ||||||
9 | recovered from fares charged for such services, except that | ||||||
10 | such required system generated ADA paratransit services | ||||||
11 | revenue recovery ratio shall not exceed the minimum percentage | ||||||
12 | established pursuant to Section 4.01(b)(ii) of this Act. In | ||||||
13 | determining
a Service Board's system generated revenue | ||||||
14 | recovery ratio, the Board shall
consider the historical system | ||||||
15 | generated revenues recovery ratio for the
services subject to | ||||||
16 | the jurisdiction of that
Service Board. The Board shall not | ||||||
17 | increase a Service Board's system generated
revenues recovery | ||||||
18 | ratio for the next fiscal year over such ratio for the
current | ||||||
19 | fiscal year disproportionately or prejudicially to increases | ||||||
20 | in
such ratios for other Service Boards. The Board may, by | ||||||
21 | ordinance,
provide that (i) the cost of research and | ||||||
22 | development projects in the
fiscal year beginning January 1, | ||||||
23 | 1986 and ending December 31, 1986
conducted pursuant to Section | ||||||
24 | 2.09 of this Act, and (ii) up to $5,000,000
annually of the | ||||||
25 | costs for passenger security, and (iii) expenditures of amounts | ||||||
26 | granted to a Service Board from the Innovation, Coordination, |
| |||||||
| |||||||
1 | and Enhancement Fund for operating purposes may be exempted | ||||||
2 | from the
farebox recovery ratio or the system generated | ||||||
3 | revenues recovery ratio of
the Chicago Transit Authority, the | ||||||
4 | Suburban Bus Board, and the Commuter
Rail Board, or any of | ||||||
5 | them . During fiscal years 2008 through 2017, the Board may also | ||||||
6 | allocate the exemption of $200,000,000 and the reducing amounts | ||||||
7 | of costs provided by this amendatory Act of the 95th General | ||||||
8 | Assembly from the farebox recovery ratio or system generated | ||||||
9 | revenues recovery ratio of each Service Board . For the fiscal | ||||||
10 | year beginning January 1, 1986
and ending December 31, 1986, | ||||||
11 | and for the fiscal year beginning January
1, 1987 and ending | ||||||
12 | December 31, 1987, the Board shall, by ordinance, provide
that:
| ||||||
13 | (1) the amount of a grant, pursuant to Section 2705-310 of the
| ||||||
14 | Department of Transportation Law (20 ILCS 2705/2705-310), from | ||||||
15 | the Department of Transportation for
the cost of services for | ||||||
16 | the mobility limited provided by the Chicago
Transit Authority, | ||||||
17 | and (2) the amount of a grant, pursuant to Section
2705-310 of | ||||||
18 | the Department of Transportation Law (20 ILCS
2705/2705-310), | ||||||
19 | from the Department
of
Transportation for the cost of services | ||||||
20 | for the mobility limited by the
Suburban Bus Board or the | ||||||
21 | Commuter Rail Board, be exempt from the farebox
recovery ratio | ||||||
22 | or the system generated revenues recovery ratio.
| ||||||
23 | (b)(1) Not later than the next preceding November 15 prior | ||||||
24 | to the
commencement of such fiscal year, each Service Board | ||||||
25 | shall submit to the
Authority its proposed budget for such | ||||||
26 | fiscal year and its proposed
financial plan for the two |
| |||||||
| |||||||
1 | following fiscal years. Such budget and
financial plan shall | ||||||
2 | (i) be prepared in the format, follow the financial and | ||||||
3 | budgetary practices, and be based on any assumptions and | ||||||
4 | projections required by the Authority and (ii) not project or | ||||||
5 | assume a receipt of revenues from the
Authority in amounts | ||||||
6 | greater than those set forth in the estimates provided
by the | ||||||
7 | Authority pursuant to subsection (a) of this Section.
| ||||||
8 | (2) The Board shall review the proposed budget and two-year
| ||||||
9 | financial plan submitted
by each Service Board , and shall adopt | ||||||
10 | a consolidated budget and financial
plan . The Board shall | ||||||
11 | approve the budget and two-year financial plan of a Service | ||||||
12 | Board if:
| ||||||
13 | (i) the Board has approved the proposed budget and cash | ||||||
14 | flow plan for
such fiscal year of each Service Board, | ||||||
15 | pursuant to the conditions set forth
in clauses (ii) | ||||||
16 | through (vii) of this paragraph;
| ||||||
17 | (i)
(ii) such budget and plan show a balance between | ||||||
18 | (A) anticipated revenues
from all sources including | ||||||
19 | operating subsidies and (B) the costs of providing
the | ||||||
20 | services specified and of funding any operating deficits or | ||||||
21 | encumbrances
incurred in prior periods, including | ||||||
22 | provision for payment when due of
principal and interest on | ||||||
23 | outstanding indebtedness;
| ||||||
24 | (ii)
(iii) such budget and plan show cash balances | ||||||
25 | including the proceeds of
any anticipated cash flow | ||||||
26 | borrowing sufficient to pay with reasonable
promptness all |
| |||||||
| |||||||
1 | costs and expenses as incurred;
| ||||||
2 | (iii)
(iv) such budget and plan provide for a level of | ||||||
3 | fares or charges and
operating or administrative costs for | ||||||
4 | the public transportation provided
by or subject to the | ||||||
5 | jurisdiction of such Service Board sufficient to allow
the | ||||||
6 | Service Board to meet its required system generated revenue | ||||||
7 | recovery ratio and, beginning with the 2007 fiscal year, | ||||||
8 | system generated ADA paratransit services revenue recovery | ||||||
9 | ratio;
| ||||||
10 | (iv)
(v) such budget and plan are based upon and employ | ||||||
11 | assumptions and
projections which are reasonable and | ||||||
12 | prudent;
| ||||||
13 | (v)
(vi) such budget and plan have been prepared in | ||||||
14 | accordance with sound
financial practices as determined by | ||||||
15 | the Board; and
| ||||||
16 | (vi)
(vii) such budget and plan meet such other | ||||||
17 | financial, budgetary, or fiscal
requirements that the | ||||||
18 | Board may by rule or regulation establish ; and
.
| ||||||
19 | (vii) such budget and plan are consistent with the | ||||||
20 | goals and objectives adopted by the Authority in the | ||||||
21 | Strategic Plan.
| ||||||
22 | (3) (Blank)
In determining whether the budget and financial | ||||||
23 | plan provide a level
of fares or charges sufficient to allow a | ||||||
24 | Service Board to meet its required
system generated revenue | ||||||
25 | recovery ratio and, beginning with the 2007 fiscal year, system | ||||||
26 | generated ADA paratransit services revenue recovery ratio |
| |||||||
| |||||||
1 | under clause (iv) in subparagraph (2),
the Board shall allow a | ||||||
2 | Service Board to carry over cash from farebox
revenues to | ||||||
3 | subsequent fiscal years .
| ||||||
4 | (4) Unless the Board by an affirmative vote of 12
9 of the | ||||||
5 | then Directors
determines that the budget and financial plan of | ||||||
6 | a Service Board meets the
criteria specified in clauses (i)
| ||||||
7 | (ii) through (vii) of subparagraph (2) of
this paragraph (b), | ||||||
8 | the Board shall withhold from not release to that Service Board | ||||||
9 | 25% of any
funds for the periods covered by such budget and | ||||||
10 | financial plan except
for
the cash proceeds of taxes imposed by | ||||||
11 | the Authority under Section 4.03
and Section 4.03.1 and | ||||||
12 | received after February 1 and 25% of the amounts transferred to | ||||||
13 | the Authority from the Public Transportation Fund under Section | ||||||
14 | 4.09(a) after February 1 (but not including Section | ||||||
15 | 4.09(a)(3)(iv)) that the Board has estimated to be available to | ||||||
16 | that Service Board under Section 4.11(a). Such funding shall be | ||||||
17 | released to the Service Board only upon approval of a budget | ||||||
18 | and financial plan under this Section or adoption of a budget | ||||||
19 | and financial plan on behalf of the Service Board by the | ||||||
20 | Authority
which
are allocated to the Service Board under | ||||||
21 | Section
4.01 .
| ||||||
22 | (5) If the Board has not found that the budget and | ||||||
23 | financial plan of a
Service Board meets the criteria specified | ||||||
24 | in clauses (i) through (vii)
of subparagraph (2) of this | ||||||
25 | paragraph (b), the Board , by the affirmative vote of at least | ||||||
26 | 12 of its then Directors, shall
shall, five working
days after |
| |||||||
| |||||||
1 | the start of the Service Board's fiscal year adopt a budget and
| ||||||
2 | financial plan meeting such criteria for that Service Board.
| ||||||
3 | (c)(1) If the Board shall at any time have received a
| ||||||
4 | revised estimate, or revises any estimate the Board has made, | ||||||
5 | pursuant to
this Section of the receipts to be collected by the | ||||||
6 | Authority which, in
the judgment of the Board, requires a | ||||||
7 | change in the estimates on which the
budget of any Service | ||||||
8 | Board is based, the Board shall advise the affected
Service | ||||||
9 | Board of such revised estimates, and such Service Board shall | ||||||
10 | within
30 days after receipt of such advice submit a revised | ||||||
11 | budget incorporating
such revised estimates. If the revised | ||||||
12 | estimates require, in the judgment
of the Board, that the | ||||||
13 | system generated revenues recovery ratio of one or
more Service | ||||||
14 | Boards be revised in order to allow the Authority to meet its
| ||||||
15 | required ratio, the Board shall advise any such Service Board | ||||||
16 | of its revised
ratio and such Service Board shall within 30 | ||||||
17 | days after receipt of such
advice submit a revised budget | ||||||
18 | incorporating such revised estimates or ratio.
| ||||||
19 | (2) Each Service Board shall, within such period after the | ||||||
20 | end of each
fiscal quarter as shall be specified by the Board, | ||||||
21 | report to the Authority
its financial condition and results of | ||||||
22 | operations and the financial condition
and results of | ||||||
23 | operations of the public transportation services subject
to its | ||||||
24 | jurisdiction, as at the end of and for such quarter. If in the | ||||||
25 | judgment
of the Board such condition and results are not | ||||||
26 | substantially in accordance
with such Service Board's budget |
| |||||||
| |||||||
1 | for such period, the Board shall so advise
such Service Board | ||||||
2 | and such Service Board shall within the period specified
by the | ||||||
3 | Board submit a revised budget incorporating such results.
| ||||||
4 | (3) If the Board shall determine that a revised budget | ||||||
5 | submitted by a
Service Board pursuant to subparagraph (1) or | ||||||
6 | (2) of this paragraph (c)
does not meet the criteria specified | ||||||
7 | in clauses (i)
(ii) through (vii) of
subparagraph
(2) of | ||||||
8 | paragraph (b) of this Section, the Board shall withhold from | ||||||
9 | not release any monies
to that Service Board 25% of except the | ||||||
10 | cash proceeds of taxes imposed by the Authority
under Section | ||||||
11 | 4.03 or 4.03.1 and received by the Authority after February 1 | ||||||
12 | and 25% of the amounts transferred to the Authority from the | ||||||
13 | Public Transportation Fund under Section 4.09(a) after | ||||||
14 | February 1 (but not including Section 4.09(a)(3)(iv)) that the | ||||||
15 | Board has estimated to be available which are allocated to that | ||||||
16 | the Service Board under
Section 4.11(a)
4.01 . If the Service | ||||||
17 | Board submits a revised financial plan and
budget which plan | ||||||
18 | and budget shows that the criteria will be met within
a four | ||||||
19 | quarter period, the Board shall continue to release any such | ||||||
20 | withheld funds to the
Service Board. The Board by the | ||||||
21 | affirmative vote of at least 12
a 9 vote of its then Directors | ||||||
22 | may
require a Service Board to submit a revised financial plan | ||||||
23 | and budget which
shows that the criteria will be met in a time | ||||||
24 | period less than four quarters.
| ||||||
25 | (d) All budgets and financial plans, financial statements, | ||||||
26 | audits and
other information presented to the Authority |
| |||||||
| |||||||
1 | pursuant to this Section or
which may be required by the Board | ||||||
2 | to permit it to monitor compliance with
the provisions of this | ||||||
3 | Section shall be prepared and presented in such
manner and | ||||||
4 | frequency and in such detail as shall have been prescribed by
| ||||||
5 | the Board, shall be prepared on both an accrual and cash flow | ||||||
6 | basis as
specified by the Board, shall present such information | ||||||
7 | as the Authority shall prescribe that fairly presents the | ||||||
8 | condition of any pension plan or trust for health care benefits | ||||||
9 | with respect to retirees established by the Service Board and | ||||||
10 | describes the plans of the Service Board to meet the | ||||||
11 | requirements of Sections 4.02a and 4.02b, and shall identify | ||||||
12 | and describe the assumptions and
projections employed in the | ||||||
13 | preparation
thereof to the extent required by the Board. If the | ||||||
14 | Executive Director certifies that a Service Board has not | ||||||
15 | presented its budget and two-year financial plan in conformity | ||||||
16 | with the rules adopted by the Authority under the provisions of | ||||||
17 | Section 4.01(f) and this subsection (d), and such certification | ||||||
18 | is accepted by the affirmative vote of at least 12 of the then | ||||||
19 | Directors of the Authority, the Authority shall not distribute | ||||||
20 | to that Service Board any funds for operating purposes in | ||||||
21 | excess of the amounts distributed for such purposes to the | ||||||
22 | Service Board in the previous fiscal year. Except when the | ||||||
23 | Board adopts
a budget and a financial plan for a Service Board | ||||||
24 | under paragraph (b)(5),
a Service Board shall provide for such | ||||||
25 | levels of transportation services
and fares or charges therefor | ||||||
26 | as it deems appropriate and necessary in the
preparation of a |
| |||||||
| |||||||
1 | budget and financial plan meeting the criteria set forth
in | ||||||
2 | clauses (i)
(ii) through (vii) of subparagraph (2) of paragraph | ||||||
3 | (b) of this
Section. The Authority
Board shall have access to | ||||||
4 | and the right to examine and copy
all books, documents, papers, | ||||||
5 | records, or other source data of a Service
Board relevant to | ||||||
6 | any information submitted pursuant to this Section.
| ||||||
7 | (e) Whenever this Section requires the Board to make | ||||||
8 | determinations with
respect to estimates, budgets or financial | ||||||
9 | plans, or rules or regulations
with respect thereto such | ||||||
10 | determinations shall be made upon the affirmative
vote of at | ||||||
11 | least 12
9 of the then Directors and shall be incorporated in a
| ||||||
12 | written report of the Board and such report shall be submitted | ||||||
13 | within 10
days after such determinations are made to
the | ||||||
14 | Governor, the Mayor of Chicago (if such determinations relate | ||||||
15 | to the
Chicago Transit Authority), and the Auditor General of | ||||||
16 | Illinois.
| ||||||
17 | (Source: P.A. 94-370, eff. 7-29-05.)
| ||||||
18 | (70 ILCS 3615/4.13) (from Ch. 111 2/3, par. 704.13)
| ||||||
19 | Sec. 4.13. Annual Capital Improvement Plan.
| ||||||
20 | (a) With respect to each calendar year, the Authority shall | ||||||
21 | prepare as
part of its Five Year Program an Annual Capital | ||||||
22 | Improvement Plan (the
"Plan") which shall describe its intended | ||||||
23 | development and implementation of
the Strategic Capital | ||||||
24 | Improvement Program. The Plan shall include the
following | ||||||
25 | information:
|
| |||||||
| |||||||
1 | (i) a list of projects for which approval is sought | ||||||
2 | from the Governor,
with a description of each project | ||||||
3 | stating at a minimum the project cost, its
category, its | ||||||
4 | location and the entity responsible for its | ||||||
5 | implementation;
| ||||||
6 | (ii) a certification by
the Authority that the | ||||||
7 | Authority and the Service Boards have applied for
all | ||||||
8 | grants, loans and other moneys made available by the | ||||||
9 | federal government
or the State of Illinois during the | ||||||
10 | preceding federal and State fiscal
years for financing its | ||||||
11 | capital development activities;
| ||||||
12 | (iii) a certification that, as of September 30 of the | ||||||
13 | preceding calendar
year or any later date, the balance of | ||||||
14 | all federal capital grant funds and
all other funds to be | ||||||
15 | used as matching funds therefor which were committed
to or | ||||||
16 | possessed by the Authority or a Service Board but which had | ||||||
17 | not been
obligated was less than $350,000,000, or a greater | ||||||
18 | amount as authorized in
writing by the Governor (for | ||||||
19 | purposes of this subsection (a),
"obligated" means | ||||||
20 | committed to be paid by the Authority or a Service Board
| ||||||
21 | under a contract with a nongovernmental entity in | ||||||
22 | connection with the
performance of a project or committed | ||||||
23 | under a force account plan
approved by the federal | ||||||
24 | government);
| ||||||
25 | (iv) a certification that the Authority has adopted a | ||||||
26 | balanced budget
with respect to such calendar year under |
| |||||||
| |||||||
1 | Section 4.01 of this Act;
| ||||||
2 | (v) a schedule of all bonds or notes
previously issued | ||||||
3 | for Strategic Capital Improvement Projects and all debt
| ||||||
4 | service payments to be made with respect to all such bonds | ||||||
5 | and the
estimated additional debt service payments through | ||||||
6 | June 30 of the following
calendar year expected to result | ||||||
7 | from bonds to be sold prior thereto;
| ||||||
8 | (vi) a long-range summary of the Strategic Capital | ||||||
9 | Improvement
Program describing the projects to be funded | ||||||
10 | through the Program with
respect to project cost, category, | ||||||
11 | location, and implementing entity, and
presenting a | ||||||
12 | financial plan including an estimated time schedule for
| ||||||
13 | obligating funds for the performance of approved projects, | ||||||
14 | issuing bonds,
expending bond proceeds and paying debt | ||||||
15 | service throughout the duration of
the Program; and
| ||||||
16 | (vii) the source of funding for each project in the | ||||||
17 | Plan. For any project
for which full funding has not yet | ||||||
18 | been secured and which is not subject to
a federal full | ||||||
19 | funding contract, the Authority must identify alternative,
| ||||||
20 | dedicated funding sources available to complete the | ||||||
21 | project. The Governor
may waive this requirement on a | ||||||
22 | project by project basis.
| ||||||
23 | (b) The Authority shall submit the Plan with respect to any | ||||||
24 | calendar
year to the Governor on or before January 15 of that | ||||||
25 | year, or as soon as
possible thereafter; provided, however, | ||||||
26 | that the Plan shall be adopted on
the affirmative votes of 12
9
|
| |||||||
| |||||||
1 | of the then Directors. The Plan may be revised
or amended at | ||||||
2 | any time, but any revision in the projects approved shall
| ||||||
3 | require the Governor's approval.
| ||||||
4 | (c) The Authority shall seek approval from the Governor | ||||||
5 | only through the
Plan or an amendment thereto. The Authority | ||||||
6 | shall not request approval of the
Plan from the Governor in any | ||||||
7 | calendar year in which it is unable to make the
certifications | ||||||
8 | required under items (ii), (iii) and (iv) of subsection (a).
In | ||||||
9 | no event shall the Authority seek approval of the Plan from the | ||||||
10 | Governor for
projects in an aggregate amount exceeding the | ||||||
11 | proceeds of bonds or notes
for Strategic Capital Improvement | ||||||
12 | Projects issued under Section 4.04 of this
Act.
| ||||||
13 | (d) The Governor may approve the Plan for which
approval is | ||||||
14 | requested. The Governor's approval is limited to
the amount of | ||||||
15 | the project cost stated in the Plan. The Governor shall not
| ||||||
16 | approve the Plan in a calendar year if the Authority is unable | ||||||
17 | to make
the certifications required under items (ii), (iii) and | ||||||
18 | (iv)
of subsection (a). In no event shall the Governor approve | ||||||
19 | the Plan for
projects in an aggregate amount exceeding the | ||||||
20 | proceeds of
bonds or notes for Strategic Capital Improvement | ||||||
21 | Projects issued under
Section 4.04 of this Act.
| ||||||
22 | (e) With respect to capital improvements, only those | ||||||
23 | capital improvements
which are in a Plan approved by the | ||||||
24 | Governor shall be financed with the
proceeds of bonds or notes | ||||||
25 | issued for Strategic Capital Improvement Projects.
| ||||||
26 | (f) Before the Authority or a Service Board obligates any |
| |||||||
| |||||||
1 | funds for a
project for which the Authority or Service Board | ||||||
2 | intends to use the proceeds
of bonds or notes for Strategic | ||||||
3 | Capital Improvement Projects, but which project
is not included | ||||||
4 | in an approved Plan, the Authority must notify the Governor of
| ||||||
5 | the intended obligation. No project costs incurred prior to | ||||||
6 | approval of the
Plan including that project may be paid from | ||||||
7 | the proceeds of bonds or notes for
Strategic Capital | ||||||
8 | Improvement Projects issued under Section 4.04 of this Act.
| ||||||
9 | (Source: P.A. 94-839, eff. 6-6-06.)
| ||||||
10 | (70 ILCS 3615/4.14) (from Ch. 111 2/3, par. 704.14)
| ||||||
11 | Sec. 4.14. Rate Protection Contract. "Rate Protection | ||||||
12 | Contract" means
interest rate price exchange agreements; | ||||||
13 | currency exchange agreements;
forward payment conversion | ||||||
14 | agreements; contracts providing for payment or
receipt of funds | ||||||
15 | based on levels of, or changes in, interest rates,
currency | ||||||
16 | exchange rates, stock or other indices; contracts to exchange | ||||||
17 | cash
flows or a series of payments; contracts, including | ||||||
18 | without limitation,
interest rate caps; interest rate floor; | ||||||
19 | interest rate locks; interest rate
collars; rate of return | ||||||
20 | guarantees or assurances, to manage payment,
currency, rate, | ||||||
21 | spread or similar exposure; the obligation, right, or
option to | ||||||
22 | issue, put, lend, sell, grant a security interest in, buy, | ||||||
23 | borrow
or otherwise acquire, a bond, note or other security or | ||||||
24 | interest therein as
an investment, as collateral, as a hedge, | ||||||
25 | or otherwise as a source or
assurance of payment to or by the |
| |||||||
| |||||||
1 | Authority or as a reduction of the
Authority's or an obligor's | ||||||
2 | risk exposure; repurchase agreements;
securities lending | ||||||
3 | agreements; and other agreements or arrangements similar
to the | ||||||
4 | foregoing.
| ||||||
5 | Notwithstanding any provision in Section 2.20 (a) (ii) of | ||||||
6 | this Act to the
contrary, in connection with or incidental to | ||||||
7 | the issuance by the Authority
of its bonds or notes under the | ||||||
8 | provisions of Section 4.04 or the exercise
of its powers under | ||||||
9 | subsection (b) of Section 2.20, the Authority, for its
own | ||||||
10 | benefit or for the benefit of the holders
of its obligations or | ||||||
11 | their trustee, may enter into rate protection
contracts. The | ||||||
12 | Authority may enter into rate protection contracts only
| ||||||
13 | pursuant to a determination by a vote of 12
9 of the then | ||||||
14 | Directors that the
terms of the contracts and any related | ||||||
15 | agreements reduce the risk of loss
to the Authority, or | ||||||
16 | protect, preserve or enhance the value of its assets,
or | ||||||
17 | provide compensation to the Authority for losses resulting from | ||||||
18 | changes
in interest rates. The Authority's obligations
under | ||||||
19 | any rate protection contract or credit enhancement or liquidity
| ||||||
20 | agreement shall not be considered bonds or notes for purposes | ||||||
21 | of this Act.
For purposes of this Section a rate protection | ||||||
22 | contract is a contract
determined by the Authority as necessary | ||||||
23 | or appropriate to permit it to
manage payment, currency or | ||||||
24 | interest rate risks or levels.
| ||||||
25 | (Source: P.A. 87-764.)
|
| |||||||
| |||||||
1 | (70 ILCS 3615/5.01) (from Ch. 111 2/3, par. 705.01)
| ||||||
2 | Sec. 5.01. Hearings and Citizen Participation.
| ||||||
3 | (a) The Authority shall provide for and encourage | ||||||
4 | participation by the
public in the development and review of | ||||||
5 | public transportation policy, and
in the process by which major | ||||||
6 | decisions significantly affecting the
provision of public | ||||||
7 | transportation are made. The Authority shall coordinate such | ||||||
8 | public participation processes with the Chicago Metropolitan | ||||||
9 | Agency for Planning to the extent practicable.
| ||||||
10 | (b) The Authority shall hold such public hearings as may be | ||||||
11 | required by
this Act or as the Authority may deem appropriate | ||||||
12 | to the performance of any
of its functions. The Authority shall | ||||||
13 | coordinate such public hearings with the Chicago Metropolitan | ||||||
14 | Agency for Planning to the extent practicable.
| ||||||
15 | (c) Unless such items are specifically provided for either | ||||||
16 | in the
Five-Year Capital Program or in the annual budget | ||||||
17 | program which has been the
subject of public hearings as | ||||||
18 | provided in Sections 2.01 or 4.01 of this
Act, the Board shall | ||||||
19 | hold public hearings at which citizens may be heard
prior to:
| ||||||
20 | (i) the construction or acquisition of any public | ||||||
21 | transportation
facility, the aggregate cost of which exceeds $5 | ||||||
22 | million; and
| ||||||
23 | (ii) the extension of, or major addition to services | ||||||
24 | provided by the
Authority or by any transportation agency | ||||||
25 | pursuant to a purchase of service
agreement with the Authority.
| ||||||
26 | (d) Unless such items are specifically provided for in the |
| |||||||
| |||||||
1 | annual budget
and program which has been the subject of public | ||||||
2 | hearing, as provided in
Section 4.01 of this Act, the Board | ||||||
3 | shall hold public hearings at which
citizens may be heard prior | ||||||
4 | to the providing for or allowing, by means of
any purchase of | ||||||
5 | service agreement or any grant pursuant to Section 2.02 of
this | ||||||
6 | Act, any general increase or series of increases in fares or | ||||||
7 | charges
for public transportation, whether by the Authority or | ||||||
8 | by any
transportation agency, which increase or series of | ||||||
9 | increases within any
twelve months affects more than 25% of the | ||||||
10 | consumers of service of the
Authority or of the transportation | ||||||
11 | agency; or so providing for or allowing
any discontinuance of | ||||||
12 | any public transportation route, or major portion
thereof, | ||||||
13 | which has been in service for more than a year.
| ||||||
14 | (e) At least twenty days prior notice of any public | ||||||
15 | hearing, as required
in this Section, shall be given by public | ||||||
16 | advertisement in a newspaper of
general circulation in the | ||||||
17 | metropolitan region.
| ||||||
18 | (f) The Authority may designate one or more Directors or | ||||||
19 | may appoint one
or more hearing officers to preside over any | ||||||
20 | hearing pursuant to this Act.
The Authority shall have the | ||||||
21 | power in connection with any such hearing to
issue subpoenas to | ||||||
22 | require the attendance of witnesses and the production
of | ||||||
23 | documents, and the Authority may apply to any circuit court in | ||||||
24 | the State
to require compliance with such subpoenas.
| ||||||
25 | (g) The Authority may require any Service Board to hold one | ||||||
26 | or more public hearings with respect to any item described in |
| |||||||
| |||||||
1 | paragraphs (c) and (d) of this Section 5.01, notwithstanding | ||||||
2 | whether such item has been the subject of a public hearing | ||||||
3 | under this Section 5.01 or Section 2.01 or 4.01 of this Act.
| ||||||
4 | (Source: P.A. 78-3rd S.S.-5.)
| ||||||
5 | (70 ILCS 3615/2.12a rep.)
| ||||||
6 | (70 ILCS 3615/3.09 rep.) | ||||||
7 | (70 ILCS 3615/3.10 rep.) | ||||||
8 | Section 25. The Regional Transportation Authority Act is | ||||||
9 | amended by repealing Sections 2.12a, 3.09, and 3.10. | ||||||
10 | Section 30. The Riverboat Gambling Act is amended by adding | ||||||
11 | Section 24 as follows: | ||||||
12 | (230 ILCS 10/24 new)
| ||||||
13 | Sec. 24. Chicago Casino Development Authority. | ||||||
14 | Notwithstanding any other provision of law, if a Chicago Casino | ||||||
15 | Development Authority is created by the 95th General Assembly, | ||||||
16 | then the first $100,000,000 of net profits from the Authority | ||||||
17 | shall be paid to the Chicago Transit Authority and disbursed | ||||||
18 | pursuant to Section 12d of the Metropolitan Transit Authority | ||||||
19 | Act. | ||||||
20 | Section 97. Severability. The provisions of this Act are | ||||||
21 | severable under Section 1.31 of the Statute on Statutes. | ||||||
22 | Section 99. Effective date. This Act takes effect upon |
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