Illinois General Assembly - Full Text of SB1920
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Full Text of SB1920  95th General Assembly

SB1920ham001 95TH GENERAL ASSEMBLY

Executive Committee

Filed: 5/28/2008

 

 


 

 


 
09500SB1920ham001 LRB095 17927 RLJ 51537 a

1
AMENDMENT TO SENATE BILL 1920

2     AMENDMENT NO. ______. Amend Senate Bill 1920 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 3. The Downstate Public Transportation Act is
5 amended by changing Section 2-7 and adding Section 2-15.3 as
6 follows:
 
7     (30 ILCS 740/2-7)  (from Ch. 111 2/3, par. 667)
8     Sec. 2-7. Quarterly reports; annual audit.
9     (a) Any Metro-East Transit District participant shall, no
10 later than 60 days following the end of each quarter of any
11 fiscal year, file with the Department on forms provided by the
12 Department for that purpose, a report of the actual operating
13 deficit experienced during that quarter. The Department shall,
14 upon receipt of the quarterly report, determine whether the
15 operating deficits were incurred in conformity with the program
16 of proposed expenditures approved by the Department pursuant to

 

 

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1 Section 2-11. Any Metro-East District may either monthly or
2 quarterly for any fiscal year file a request for the
3 participant's eligible share, as allocated in accordance with
4 Section 2-6, of the amounts transferred into the Metro-East
5 Public Transportation Fund.
6     (b) Each participant other than any Metro-East Transit
7 District participant shall, 30 days before the end of each
8 quarter, file with the Department on forms provided by the
9 Department for such purposes a report of the projected eligible
10 operating expenses to be incurred in the next quarter and 30
11 days before the third and fourth quarters of any fiscal year a
12 statement of actual eligible operating expenses incurred in the
13 preceding quarters. Except as otherwise provided in subsection
14 (b-5), within 45 days of receipt by the Department of such
15 quarterly report, the Comptroller shall order paid and the
16 Treasurer shall pay from the Downstate Public Transportation
17 Fund to each participant an amount equal to one-third of such
18 participant's eligible operating expenses; provided, however,
19 that in Fiscal Year 1997, the amount paid to each participant
20 from the Downstate Public Transportation Fund shall be an
21 amount equal to 47% of such participant's eligible operating
22 expenses and shall be increased to 49% in Fiscal Year 1998, 51%
23 in Fiscal Year 1999, 53% in Fiscal Year 2000, 55% in Fiscal
24 Years 2001 through 2007, and 65% in Fiscal Year 2008 and
25 thereafter; however, in any year that a participant receives
26 funding under subsection (i) of Section 2705-305 of the

 

 

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1 Department of Transportation Law (20 ILCS 2705/2705-305), that
2 participant shall be eligible only for assistance equal to the
3 following percentage of its eligible operating expenses: 42% in
4 Fiscal Year 1997, 44% in Fiscal Year 1998, 46% in Fiscal Year
5 1999, 48% in Fiscal Year 2000, and 50% in Fiscal Year 2001 and
6 thereafter. Any such payment for the third and fourth quarters
7 of any fiscal year shall be adjusted to reflect actual eligible
8 operating expenses for preceding quarters of such fiscal year.
9 However, no participant shall receive an amount less than that
10 which was received in the immediate prior year, provided in the
11 event of a shortfall in the fund those participants receiving
12 less than their full allocation pursuant to Section 2-6 of this
13 Article shall be the first participants to receive an amount
14 not less than that received in the immediate prior year.
15     (b-5) (Blank.)
16     (b-10) On July 1, 2008, each participant shall receive an
17 appropriation in an amount equal to 65% of its fiscal year 2008
18 eligible operating expenses adjusted by the annual 10% increase
19 required by Section 2-2.04 of this Act. In no case shall any
20 participant receive an appropriation that is less than its
21 fiscal year 2008 appropriation. Every fiscal year thereafter,
22 each participant's appropriation shall increase by 10% over the
23 appropriation established for the preceding fiscal year as
24 required by Section 2-2.04 of this Act.
25     (b-15) Beginning on July 1, 2007, and for each fiscal year
26 thereafter, each participant shall maintain a minimum local

 

 

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1 share contribution (from farebox and all other local revenues)
2 equal to the actual amount provided in Fiscal Year 2006 or, for
3 new recipients, an amount equivalent to the local share
4 provided in the first year of participation. The local share
5 contribution shall be reduced by an amount equal to the total
6 amount of lost revenue for services provided under Section
7 2-15.2 and Section 2-15.3 of this Act.
8     (b-20) Any participant in the Downstate Public
9 Transportation Fund may use State operating assistance
10 pursuant to this Section to provide transportation services
11 within any county that is contiguous to its territorial
12 boundaries as defined by the Department and subject to
13 Departmental approval. Any such contiguous-area service
14 provided by a participant after July 1, 2007 must meet the
15 requirements of subsection (a) of Section 2-5.1.
16     (c) No later than 180 days following the last day of the
17 Fiscal Year each participant shall provide the Department with
18 an audit prepared by a Certified Public Accountant covering
19 that Fiscal Year. For those participants other than a
20 Metro-East Transit District, any discrepancy between the
21 grants paid and the percentage of the eligible operating
22 expenses provided for by paragraph (b) of this Section shall be
23 reconciled by appropriate payment or credit. In the case of any
24 Metro-East Transit District, any amount of payments from the
25 Metro-East Public Transportation Fund which exceed the
26 eligible deficit of the participant shall be reconciled by

 

 

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1 appropriate payment or credit.
2 (Source: P.A. 94-70, eff. 6-22-05; 95-708, eff. 1-18-08.)
 
3     (30 ILCS 740/2-15.3 new)
4     Sec. 2-15.3. Transit services for disabled individuals.
5 Notwithstanding any law to the contrary, no later than 60 days
6 following the effective date of this amendatory Act of the 95th
7 General Assembly, all fixed route public transportation
8 services provided by, or under grant or purchase of service
9 contract of, any participant shall be provided without charge
10 to all disabled persons who meet the income eligibility
11 limitation set forth in subsection (a-5) of Section 4 of the
12 Senior Citizens and Disabled Persons Property Tax Relief and
13 Pharmaceutical Assistance Act, under such procedures as shall
14 be prescribed by the participant. The Department on Aging shall
15 furnish all information reasonably necessary to determine
16 eligibility, including updated lists of individuals who are
17 eligible for services without charge under this Section.
 
18     Section 5. The Illinois Pension Code is amended by changing
19 Section 22-101B as follows:
 
20     (40 ILCS 5/22-101B)
21     Sec. 22-101B. Health Care Benefits.
22     (a) The Chicago Transit Authority (hereinafter referred to
23 in this Section as the "Authority") shall take all actions

 

 

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1 lawfully available to it to separate the funding of health care
2 benefits for retirees and their dependents and survivors from
3 the funding for its retirement system. The Authority shall
4 endeavor to achieve this separation as soon as possible, and in
5 any event no later than July 1, 2009.
6     (b) Effective 90 days after the effective date of this
7 amendatory Act of the 95th General Assembly, a Retiree Health
8 Care Trust is established for the purpose of providing health
9 care benefits to eligible retirees and their dependents and
10 survivors in accordance with the terms and conditions set forth
11 in this Section 22-101B. The Retiree Health Care Trust shall be
12 solely responsible for providing health care benefits to
13 eligible retirees and their dependents and survivors by no
14 later than July 1, 2009, but no earlier than January 1, 2009.
15         (1) The Board of Trustees shall consist of 7 members
16     appointed as follows: (i) 3 trustees shall be appointed by
17     the Chicago Transit Board; (ii) one trustee shall be
18     appointed by an organization representing the highest
19     number of Chicago Transit Authority participants; (iii)
20     one trustee shall be appointed by an organization
21     representing the second-highest number of Chicago Transit
22     Authority participants; (iv) one trustee shall be
23     appointed by the recognized coalition representatives of
24     participants who are not represented by an organization
25     with the highest or second-highest number of Chicago
26     Transit Authority participants; and (v) one trustee shall

 

 

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1     be selected by the Regional Transportation Authority Board
2     of Directors, and the trustee shall be a professional
3     fiduciary who has experience in the area of collectively
4     bargained retiree health plans. Trustees shall serve until
5     a successor has been appointed and qualified, or until
6     resignation, death, incapacity, or disqualification.
7         Any person appointed as a trustee of the board shall
8     qualify by taking an oath of office that he or she will
9     diligently and honestly administer the affairs of the
10     system, and will not knowingly violate or willfully permit
11     the violation of any of the provisions of law applicable to
12     the Plan, including Sections 1-109, 1-109.1, 1-109.2,
13     1-110, 1-111, 1-114, and 1-115 of Article 1 of the Illinois
14     Pension Code.
15         Each trustee shall cast individual votes, and a
16     majority vote shall be final and binding upon all
17     interested parties, provided that the Board of Trustees may
18     require a supermajority vote with respect to the investment
19     of the assets of the Retiree Health Care Trust, and may set
20     forth that requirement in the trust agreement or by-laws of
21     the Board of Trustees. Each trustee shall have the rights,
22     privileges, authority and obligations as are usual and
23     customary for such fiduciaries.
24         (2) The Board of Trustees shall establish and
25     administer a health care benefit program for eligible
26     retirees and their dependents and survivors. The health

 

 

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1     care benefit program for eligible retirees and their
2     dependents and survivors shall not contain any plan which
3     provides for more than 90% coverage for in-network services
4     or 70% coverage for out-of-network services after any
5     deductible has been paid.
6         (3) The Retiree Health Care Trust shall be administered
7     by the Board of Trustees according to the following
8     requirements:
9             (i) The Board of Trustees may cause amounts on
10         deposit in the Retiree Health Care Trust to be invested
11         in those investments that are permitted investments
12         for the investment of moneys held under any one or more
13         of the pension or retirement systems of the State, any
14         unit of local government or school district, or any
15         agency or instrumentality thereof. The Board, by a vote
16         of at least two-thirds of the trustees, may transfer
17         investment management to the Illinois State Board of
18         Investment, which is hereby authorized to manage these
19         investments when so requested by the Board of Trustees.
20             (ii) The Board of Trustees shall establish and
21         maintain an appropriate funding reserve level which
22         shall not be less than the amount of incurred and
23         unreported claims plus 12 months of expected claims and
24         administrative expenses.
25             (iii) The Board of Trustees shall make an annual
26         assessment of the funding levels of the Retiree Health

 

 

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1         Care Trust and shall submit a report to the Auditor
2         General at least 90 days prior to the end of the fiscal
3         year. The report shall provide the following:
4                 (A) the actuarial present value of projected
5             benefits expected to be paid to current and future
6             retirees and their dependents and survivors;
7                 (B) the actuarial present value of projected
8             contributions and trust income plus assets;
9                 (C) the reserve required by subsection
10             (b)(3)(ii); and
11                 (D) an assessment of whether the actuarial
12             present value of projected benefits expected to be
13             paid to current and future retirees and their
14             dependents and survivors exceeds or is less than
15             the actuarial present value of projected
16             contributions and trust income plus assets in
17             excess of the reserve required by subsection
18             (b)(3)(ii).
19             If the actuarial present value of projected
20         benefits expected to be paid to current and future
21         retirees and their dependents and survivors exceeds
22         the actuarial present value of projected contributions
23         and trust income plus assets in excess of the reserve
24         required by subsection (b)(3)(ii), then the report
25         shall provide a plan of increases in employee, retiree,
26         dependent, or survivor contribution levels, decreases

 

 

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1         in benefit levels, or both, which is projected to cure
2         the shortfall over a period of not more than 10 years.
3         If the actuarial present value of projected benefits
4         expected to be paid to current and future retirees and
5         their dependents and survivors is less than the
6         actuarial present value of projected contributions and
7         trust income plus assets in excess of the reserve
8         required by subsection (b)(3)(ii), then the report may
9         provide a plan of decreases in employee, retiree,
10         dependent, or survivor contribution levels, increases
11         in benefit levels, or both, to the extent of the
12         surplus.
13             (iv) The Auditor General shall review the report
14         and plan provided in subsection (b)(3)(iii) and issue a
15         determination within 90 days after receiving the
16         report and plan, with a copy of such determination
17         provided to the General Assembly and the Regional
18         Transportation Authority, as follows:
19                 (A) In the event of a projected shortfall, if
20             the Auditor General determines that the
21             assumptions stated in the report are not
22             unreasonable in the aggregate and that the plan of
23             increases in employee, retiree, dependent, or
24             survivor contribution levels, decreases in benefit
25             levels, or both, is reasonably projected to cure
26             the shortfall over a period of not more than 10

 

 

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1             years, then the Board of Trustees shall implement
2             the plan. If the Auditor General determines that
3             the assumptions stated in the report are
4             unreasonable in the aggregate, or that the plan of
5             increases in employee, retiree, dependent, or
6             survivor contribution levels, decreases in benefit
7             levels, or both, is not reasonably projected to
8             cure the shortfall over a period of not more than
9             10 years, then the Board of Trustees shall not
10             implement the plan, the Auditor General shall
11             explain the basis for such determination to the
12             Board of Trustees, and the Auditor General may make
13             recommendations as to an alternative report and
14             plan.
15                 (B) In the event of a projected surplus, if the
16             Auditor General determines that the assumptions
17             stated in the report are not unreasonable in the
18             aggregate and that the plan of decreases in
19             employee, retiree, dependent, or survivor
20             contribution levels, increases in benefit levels,
21             or both, is not unreasonable in the aggregate, then
22             the Board of Trustees shall implement the plan. If
23             the Auditor General determines that the
24             assumptions stated in the report are unreasonable
25             in the aggregate, or that the plan of decreases in
26             employee, retiree, dependent, or survivor

 

 

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1             contribution levels, increases in benefit levels,
2             or both, is unreasonable in the aggregate, then the
3             Board of Trustees shall not implement the plan, the
4             Auditor General shall explain the basis for such
5             determination to the Board of Trustees, and the
6             Auditor General may make recommendations as to an
7             alternative report and plan.
8                 (C) The Board of Trustees shall submit an
9             alternative report and plan within 45 days after
10             receiving a rejection determination by the Auditor
11             General. A determination by the Auditor General on
12             any alternative report and plan submitted by the
13             Board of Trustees shall be made within 90 days
14             after receiving the alternative report and plan,
15             and shall be accepted or rejected according to the
16             requirements of this subsection (b)(3)(iv). The
17             Board of Trustees shall continue to submit
18             alternative reports and plans to the Auditor
19             General, as necessary, until a favorable
20             determination is made by the Auditor General.
21         (4) For any retiree who first retires effective on or
22     after January 18, 2008 the effective date of this
23     amendatory Act of the 95th General Assembly, to be eligible
24     for retiree health care benefits upon retirement, the
25     retiree must be at least 55 years of age, retire with 10 or
26     more years of continuous service and satisfy the

 

 

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1     preconditions established by Public Act 95-708 this
2     amendatory Act in addition to any rules or regulations
3     promulgated by the Board of Trustees. Notwithstanding the
4     foregoing, any retiree who retired prior to the effective
5     date of this amendatory Act with 25 years or more of
6     continuous service, or who retires within 90 days after the
7     effective date of this amendatory Act or by January 1,
8     2009, whichever is later, with 25 years or more of
9     continuous service, shall be eligible for retiree health
10     care benefits upon retirement. This paragraph (4) shall not
11     apply to a disability allowance.
12         (5) Effective January 1, 2009, the aggregate amount of
13     retiree, dependent and survivor contributions to the cost
14     of their health care benefits shall not exceed more than
15     45% of the total cost of such benefits. The Board of
16     Trustees shall have the discretion to provide different
17     contribution levels for retirees, dependents and survivors
18     based on their years of service, level of coverage or
19     Medicare eligibility, provided that the total contribution
20     from all retirees, dependents, and survivors shall be not
21     more than 45% of the total cost of such benefits. The term
22     "total cost of such benefits" for purposes of this
23     subsection shall be the total amount expended by the
24     retiree health benefit program in the prior plan year, as
25     calculated and certified in writing by the Retiree Health
26     Care Trust's enrolled actuary to be appointed and paid for

 

 

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1     by the Board of Trustees.
2         (6) Effective January 18, 2008 30 days after the
3     establishment of the Retiree Health Care Trust, all
4     employees of the Authority shall contribute to the Retiree
5     Health Care Trust in an amount not less than 3% of
6     compensation.
7         (7) No earlier than January 1, 2009 and no later than
8     July 1, 2009 as the Retiree Health Care Trust becomes
9     solely responsible for providing health care benefits to
10     eligible retirees and their dependents and survivors in
11     accordance with subsection (b) of this Section 22-101B, the
12     Authority shall not have any obligation to provide health
13     care to current or future retirees and their dependents or
14     survivors. Employees, retirees, dependents, and survivors
15     who are required to make contributions to the Retiree
16     Health Care Trust shall make contributions at the level set
17     by the Board of Trustees pursuant to the requirements of
18     this Section 22-101B.
19 (Source: P.A. 95-708, eff. 1-18-08.)
 
20     Section 10. If and only if the provisions of House Bill 656
21 of the 95th General Assembly become law, the Counties Code is
22 amended by adding Section 6-34000 as follows:
 
23     (55 ILCS 5/6-34000 new)
24     Sec. 6-34000. Report on funds received under the Regional

 

 

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1 Transportation Authority Act. If the Board of the Regional
2 Transportation Authority adopts an ordinance under Section
3 4.03 of the Regional Transportation Authority Act imposing a
4 retailers' occupation tax and a service occupation tax at the
5 rate of 0.75% in the counties of DuPage, Kane, Lake, McHenry,
6 and Will, then the County Boards of DuPage, Kane, Lake,
7 McHenry, and Will counties shall each report to the General
8 Assembly and the Commission on Government Forecasting and
9 Accountability by March 1 of the year following the adoption of
10 the ordinance and March 1 of each year thereafter. That report
11 shall include the total amounts received by the County under
12 subsection (n) of Section 4.03 of the Regional Transportation
13 Authority Act and the expenditures and obligations of the
14 County using those funds during the previous calendar year.
 
15     Section 15. The Metropolitan Transit Authority Act is
16 amended by adding Section 52 as follows:
 
17     (70 ILCS 3605/52 new)
18     Sec. 52. Transit services for disabled individuals.
19 Notwithstanding any law to the contrary, no later than 60 days
20 following the effective date of this amendatory Act of the 95th
21 General Assembly, all fixed route public transportation
22 services provided by, or under grant or purchase of service
23 contract of, the Board shall be provided without charge to all
24 disabled persons who meet the income eligibility limitation set

 

 

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1 forth in subsection (a-5) of Section 4 of the Senior Citizens
2 and Disabled Persons Property Tax Relief and Pharmaceutical
3 Assistance Act, under such procedures as shall be prescribed by
4 the Board. The Department on Aging shall furnish all
5 information reasonably necessary to determine eligibility,
6 including updated lists of individuals who are eligible for
7 services without charge under this Section.
 
8     Section 20. The Local Mass Transit District Act is amended
9 by adding Section 8.7 as follows:
 
10     (70 ILCS 3610/8.7 new)
11     Sec. 8.7. Transit services for disabled individuals.
12 Notwithstanding any law to the contrary, no later than 60 days
13 following the effective date of this amendatory Act of the 95th
14 General Assembly, all fixed route public transportation
15 services provided by, or under grant or purchase of service
16 contract of, any District shall be provided without charge to
17 all disabled persons who meet the income eligibility limitation
18 set forth in subsection (a-5) of Section 4 of the Senior
19 Citizens and Disabled Persons Property Tax Relief and
20 Pharmaceutical Assistance Act, under such procedures as shall
21 be prescribed by the District. The Department on Aging shall
22 furnish all information reasonably necessary to determine
23 eligibility, including updated lists of individuals who are
24 eligible for services without charge under this Section.
 

 

 

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1     Section 25. The Regional Transportation Authority Act is
2 amended by changing Sections 3A.02, 3A.05, 3A.12, 4.01, 4.09,
3 and 5.01 and adding Sections 3A.16 and 3B.15 as follows:
 
4     (70 ILCS 3615/3A.02)  (from Ch. 111 2/3, par. 703A.02)
5     Sec. 3A.02. Suburban Bus Board. The governing body of the
6 Suburban Bus Division shall be a board consisting of 13 12
7 directors appointed as follows:
8     (a) Six Directors appointed by the members of the Cook
9 County Board elected from that part of Cook County outside of
10 Chicago, or in the event such Board of Commissioners becomes
11 elected from single member districts, by those Commissioners
12 elected from districts, a majority of the residents of which
13 reside outside of Chicago from the chief executive officers of
14 the municipalities, of that portion of Cook County outside of
15 Chicago. Provided however, that:
16     (i) One of the Directors shall be the chief executive
17 officer of a municipality within the area of the Northwest
18 Region defined in Section 3A.13;
19     (ii) One of the Directors shall be the chief executive
20 officer of a municipality within the area of the North Central
21 Region defined in Section 3A.13;
22     (iii) One of the Directors shall be the chief executive
23 officer of a municipality within the area of the North Shore
24 Region defined in Section 3A.13;

 

 

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1     (iv) One of the Directors shall be the chief executive
2 officer of a municipality within the area of the Central Region
3 defined in Section 3A.13;
4     (v) One of the Directors shall be the chief executive
5 officer of a municipality within the area of the Southwest
6 Region defined in Section 3A.13;
7     (vi) One of the Directors shall be the chief executive
8 officer of a municipality within the area of the South Region
9 defined in Section 3A.13;
10     (b) One Director by the Chairman of the Kane County Board
11 who shall be a chief executive officer of a municipality within
12 Kane County;
13     (c) One Director by the Chairman of the Lake County Board
14 who shall be a chief executive officer of a municipality within
15 Lake County;
16     (d) One Director by the Chairman of the DuPage County Board
17 who shall be a chief executive officer of a municipality within
18 DuPage County;
19     (e) One Director by the Chairman of the McHenry County
20 Board who shall be a chief executive officer of a municipality
21 within McHenry County;
22     (f) One Director by the Chairman of the Will County Board
23 who shall be a chief executive officer of a municipality within
24 Will County;
25     (g) The Commissioner of the Mayor's Office for People with
26 Disabilities, from the City of Chicago, who shall serve as an

 

 

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1 ex-officio member; and
2     (h) (g) The Chairman by the Governor for the initial term,
3 and thereafter by a majority of the Chairmen of the DuPage,
4 Kane, Lake, McHenry and Will County Boards and the members of
5 the Cook County Board elected from that part of Cook County
6 outside of Chicago, or in the event such Board of Commissioners
7 is elected from single member districts, by those Commissioners
8 elected from districts, a majority of the electors of which
9 reside outside of Chicago; and who after the effective date of
10 this amendatory Act of the 95th General Assembly may not be a
11 resident of the City of Chicago.
12     Each appointment made under paragraphs (a) through (g) and
13 under Section 3A.03 shall be certified by the appointing
14 authority to the Suburban Bus Board which shall maintain the
15 certifications as part of the official records of the Suburban
16 Bus Board; provided that the initial appointments shall be
17 certified to the Secretary of State, who shall transmit the
18 certifications to the Suburban Bus Board following its
19 organization.
20     For the purposes of this Section, "chief executive officer
21 of a municipality" includes a former chief executive officer of
22 a municipality within the specified Region or County, provided
23 that the former officer continues to reside within such Region
24 or County.
25 (Source: P.A. 84-1246.)
 

 

 

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1     (70 ILCS 3615/3A.05)  (from Ch. 111 2/3, par. 703A.05)
2     Sec. 3A.05. Appointment of officers and employees. The
3 Suburban Bus Board shall appoint an Executive Director who
4 shall be the chief executive officer of the Division,
5 appointed, retained or dismissed with the concurrence of 9 8 of
6 the directors of the Suburban Bus Board. The Executive Director
7 shall appoint, retain and employ officers, attorneys, agents,
8 engineers, employees and shall organize the staff, shall
9 allocate their functions and duties, fix compensation and
10 conditions of employment, and consistent with the policies of
11 and direction from the Suburban Bus Board take all actions
12 necessary to achieve its purposes, fulfill its
13 responsibilities and carry out its powers, and shall have such
14 other powers and responsibilities as the Suburban Bus Board
15 shall determine. The Executive Director shall be an individual
16 of proven transportation and management skills and may not be a
17 member of the Suburban Bus Board. The Division may employ its
18 own professional management personnel to provide professional
19 and technical expertise concerning its purposes and powers and
20 to assist it in assessing the performance of transportation
21 agencies in the metropolitan region.
22     No unlawful discrimination, as defined and prohibited in
23 the Illinois Human Rights Act, shall be made in any term or
24 aspect of employment nor shall there be discrimination based
25 upon political reasons or factors. The Suburban Bus Board shall
26 establish regulations to insure that its discharges shall not

 

 

09500SB1920ham001 - 21 - LRB095 17927 RLJ 51537 a

1 be arbitrary and that hiring and promotion are based on merit.
2     The Division shall be subject to the "Illinois Human Rights
3 Act", as now or hereafter amended, and the remedies and
4 procedure established thereunder. The Suburban Bus Board shall
5 file an affirmative action program for employment by it with
6 the Department of Human Rights to ensure that applicants are
7 employed and that employees are treated during employment,
8 without regard to unlawful discrimination. Such affirmative
9 action program shall include provisions relating to hiring,
10 upgrading, demotion, transfer, recruitment, recruitment
11 advertising, selection for training and rates of pay or other
12 forms of compensation.
13 (Source: P.A. 83-885; 83-886.)
 
14     (70 ILCS 3615/3A.12)  (from Ch. 111 2/3, par. 703A.12)
15     Sec. 3A.12. Working Cash Borrowing. The Suburban Bus Board
16 with the affirmative vote of 9 8 of its Directors may demand
17 and direct the Board of the Authority to issue Working Cash
18 Notes at such time and in such amounts and having such
19 maturities as the Suburban Bus Board deems proper, provided
20 however any such borrowing shall have been specifically
21 identified in the budget of the Suburban Bus Board as approved
22 by the Board of the Authority. Provided further, that the
23 Suburban Bus Board may not demand and direct the Board of the
24 Authority to have issued and have outstanding at any time in
25 excess of $5,000,000 in Working Cash Notes.

 

 

09500SB1920ham001 - 22 - LRB095 17927 RLJ 51537 a

1 (Source: P.A. 83-886.)
 
2     (70 ILCS 3615/3A.16 new)
3     Sec. 3A.16. Transit services for disabled individuals.
4 Notwithstanding any law to the contrary, no later than 60 days
5 following the effective date of this amendatory Act of the 95th
6 General Assembly, all fixed route public transportation
7 services provided by, or under grant or purchase of service
8 contract of, the Suburban Bus Board shall be provided without
9 charge to all disabled persons who meet the income eligibility
10 limitation set forth in subsection (a-5) of Section 4 of the
11 Senior Citizens and Disabled Persons Property Tax Relief and
12 Pharmaceutical Assistance Act, under such procedures as shall
13 be prescribed by the Board. The Department on Aging shall
14 furnish all information reasonably necessary to determine
15 eligibility, including updated lists of individuals who are
16 eligible for services without charge under this Section.
 
17     (70 ILCS 3615/3B.15 new)
18     Sec. 3B.15. Transit services for disabled individuals.
19 Notwithstanding any law to the contrary, no later than 60 days
20 following the effective date of this amendatory Act of the 95th
21 General Assembly, all fixed route public transportation
22 services provided by, or under grant or purchase of service
23 contract of, the Commuter Rail Board shall be provided without
24 charge to all disabled persons who meet the income eligibility

 

 

09500SB1920ham001 - 23 - LRB095 17927 RLJ 51537 a

1 limitation set forth in subsection (a-5) of Section 4 of the
2 Senior Citizens and Disabled Persons Property Tax Relief and
3 Pharmaceutical Assistance Act, under such procedures as shall
4 be prescribed by the Board. The Department on Aging shall
5 furnish all information reasonably necessary to determine
6 eligibility, including updated lists of individuals who are
7 eligible for services without charge under this Section.
 
8     (70 ILCS 3615/4.01)  (from Ch. 111 2/3, par. 704.01)
9     Sec. 4.01. Budget and Program.
10     (a) The Board shall control the finances of the Authority.
11 It shall by ordinance adopted by the affirmative vote of at
12 least 12 of its then Directors (i) appropriate money to perform
13 the Authority's purposes and provide for payment of debts and
14 expenses of the Authority, (ii) take action with respect to the
15 budget and two-year financial plan of each Service Board, as
16 provided in Section 4.11, and (iii) adopt an Annual Budget and
17 Two-Year Financial Plan for the Authority that includes the
18 annual budget and two-year financial plan of each Service Board
19 that has been approved by the Authority. The Annual Budget and
20 Two-Year Financial Plan shall contain a statement of the funds
21 estimated to be on hand for the Authority and each Service
22 Board at the beginning of the fiscal year, the funds estimated
23 to be received from all sources for such year, the estimated
24 expenses and obligations of the Authority and each Service
25 Board for all purposes, including expenses for contributions to

 

 

09500SB1920ham001 - 24 - LRB095 17927 RLJ 51537 a

1 be made with respect to pension and other employee benefits,
2 and the funds estimated to be on hand at the end of such year.
3 The fiscal year of the Authority and each Service Board shall
4 begin on January 1st and end on the succeeding December 31st.
5 By July 1st of each year the Director of the Illinois
6 Governor's Office of Management and Budget (formerly Bureau of
7 the Budget) shall submit to the Authority an estimate of
8 revenues for the next fiscal year of the Authority to be
9 collected from the taxes imposed by the Authority and the
10 amounts to be available in the Public Transportation Fund and
11 the Regional Transportation Authority Occupation and Use Tax
12 Replacement Fund and the amounts otherwise to be appropriated
13 by the State to the Authority for its purposes. The Authority
14 shall file a copy of its Annual Budget and Two-Year Financial
15 Plan with the General Assembly and the Governor after its
16 adoption. Before the proposed Annual Budget and Two-Year
17 Financial Plan is adopted, the Authority shall hold at least
18 one public hearing thereon in the metropolitan region, and
19 shall meet with the county board or its designee of each of the
20 several counties in the metropolitan region. After conducting
21 such hearings and holding such meetings and after making such
22 changes in the proposed Annual Budget and Two-Year Financial
23 Plan as the Board deems appropriate, the Board shall adopt its
24 annual appropriation and Annual Budget and Two-Year Financial
25 Plan ordinance. The ordinance may be adopted only upon the
26 affirmative votes of 12 of its then Directors. The ordinance

 

 

09500SB1920ham001 - 25 - LRB095 17927 RLJ 51537 a

1 shall appropriate such sums of money as are deemed necessary to
2 defray all necessary expenses and obligations of the Authority,
3 specifying purposes and the objects or programs for which
4 appropriations are made and the amount appropriated for each
5 object or program. Additional appropriations, transfers
6 between items and other changes in such ordinance may be made
7 from time to time by the Board upon the affirmative votes of 12
8 of its then Directors.
9     (b) The Annual Budget and Two-Year Financial Plan shall
10 show a balance between anticipated revenues from all sources
11 and anticipated expenses including funding of operating
12 deficits or the discharge of encumbrances incurred in prior
13 periods and payment of principal and interest when due, and
14 shall show cash balances sufficient to pay with reasonable
15 promptness all obligations and expenses as incurred.
16     The Annual Budget and Two-Year Financial Plan must show:
17          (i) that the level of fares and charges for mass
18     transportation provided by, or under grant or purchase of
19     service contracts of, the Service Boards is sufficient to
20     cause the aggregate of all projected fare revenues from
21     such fares and charges received in each fiscal year to
22     equal at least 50% of the aggregate costs of providing such
23     public transportation in such fiscal year. "Fare revenues"
24     include the proceeds of all fares and charges for services
25     provided, contributions received in connection with public
26     transportation from units of local government other than

 

 

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1     the Authority, except for contributions received by the
2     Chicago Transit Authority from a real estate transfer tax
3     imposed under subsection (i) of Section 8-3-19 of the
4     Illinois Municipal Code, and from the State pursuant to
5     subsection (i) of Section 2705-305 of the Department of
6     Transportation Law (20 ILCS 2705/2705-305), and all other
7     operating revenues properly included consistent with
8     generally accepted accounting principles but do not
9     include: the proceeds of any borrowings, and, beginning
10     with the 2007 fiscal year, all revenues and receipts,
11     including but not limited to fares and grants received from
12     the federal, State or any unit of local government or other
13     entity, derived from providing ADA paratransit service
14     pursuant to Section 2.30 of the Regional Transportation
15     Authority Act. "Costs" include all items properly included
16     as operating costs consistent with generally accepted
17     accounting principles, including administrative costs, but
18     do not include: depreciation; payment of principal and
19     interest on bonds, notes or other evidences of obligation
20     for borrowed money issued by the Authority; payments with
21     respect to public transportation facilities made pursuant
22     to subsection (b) of Section 2.20 of this Act; any payments
23     with respect to rate protection contracts, credit
24     enhancements or liquidity agreements made under Section
25     4.14; any other cost to which it is reasonably expected
26     that a cash expenditure will not be made; costs for

 

 

09500SB1920ham001 - 27 - LRB095 17927 RLJ 51537 a

1     passenger security including grants, contracts, personnel,
2     equipment and administrative expenses, except in the case
3     of the Chicago Transit Authority, in which case the term
4     does not include costs spent annually by that entity for
5     protection against crime as required by Section 27a of the
6     Metropolitan Transit Authority Act; the payment by the
7     Chicago Transit Authority of Debt Service, as defined in
8     Section 12c of the Metropolitan Transit Authority Act, on
9     bonds or notes issued pursuant to that Section; the payment
10     by the Commuter Rail Division of debt service on bonds
11     issued pursuant to Section 3B.09; expenses incurred by the
12     Suburban Bus Division for the cost of new public
13     transportation services funded from grants pursuant to
14     Section 2.01e of this amendatory Act of the 95th General
15     Assembly for a period of 2 years from the date of
16     initiation of each such service; costs as exempted by the
17     Board for projects pursuant to Section 2.09 of this Act;
18     or, beginning with the 2007 fiscal year, expenses related
19     to providing ADA paratransit service pursuant to Section
20     2.30 of the Regional Transportation Authority Act; and in
21     fiscal years 2008 through 2012 inclusive, costs in the
22     amount of $200,000,000 in fiscal year 2008, reducing by
23     $40,000,000 in each fiscal year thereafter until this
24     exemption is eliminated; and
25         (ii) that the level of fares charged for ADA
26     paratransit services is sufficient to cause the aggregate

 

 

09500SB1920ham001 - 28 - LRB095 17927 RLJ 51537 a

1     of all projected revenues from such fares charged and
2     received in each fiscal year to equal at least 10% of the
3     aggregate costs of providing such ADA paratransit
4     services. in fiscal years 2007 and 2008 and at least 12% of
5     the aggregate costs of providing such ADA paratransit
6     services in fiscal years 2009 and thereafter; for For
7     purposes of this Act, the percentages in this subsection
8     (b)(ii) shall be referred to as the "system generated ADA
9     paratransit services revenue recovery ratio". For purposes
10     of the system generated ADA paratransit services revenue
11     recovery ratio, "costs" shall include all items properly
12     included as operating costs consistent with generally
13     accepted accounting principles. However, the Board may
14     exclude from costs an amount that does not exceed the
15     allowable "capital costs of contracting" for ADA
16     paratransit services pursuant to the Federal Transit
17     Administration guidelines for the Urbanized Area Formula
18     Program.
19     (c) The actual administrative expenses of the Authority for
20 the fiscal year commencing January 1, 1985 may not exceed
21 $5,000,000. The actual administrative expenses of the
22 Authority for the fiscal year commencing January 1, 1986, and
23 for each fiscal year thereafter shall not exceed the maximum
24 administrative expenses for the previous fiscal year plus 5%.
25 "Administrative expenses" are defined for purposes of this
26 Section as all expenses except: (1) capital expenses and

 

 

09500SB1920ham001 - 29 - LRB095 17927 RLJ 51537 a

1 purchases of the Authority on behalf of the Service Boards; (2)
2 payments to Service Boards; and (3) payment of principal and
3 interest on bonds, notes or other evidence of obligation for
4 borrowed money issued by the Authority; (4) costs for passenger
5 security including grants, contracts, personnel, equipment and
6 administrative expenses; (5) payments with respect to public
7 transportation facilities made pursuant to subsection (b) of
8 Section 2.20 of this Act; and (6) any payments with respect to
9 rate protection contracts, credit enhancements or liquidity
10 agreements made pursuant to Section 4.14.
11     (d) This subsection applies only until the Department
12 begins administering and enforcing an increased tax under
13 Section 4.03(m) as authorized by this amendatory Act of the
14 95th General Assembly. After withholding 15% of the proceeds of
15 any tax imposed by the Authority and 15% of money received by
16 the Authority from the Regional Transportation Authority
17 Occupation and Use Tax Replacement Fund, the Board shall
18 allocate the proceeds and money remaining to the Service Boards
19 as follows: (1) an amount equal to 85% of the proceeds of those
20 taxes collected within the City of Chicago and 85% of the money
21 received by the Authority on account of transfers to the
22 Regional Transportation Authority Occupation and Use Tax
23 Replacement Fund from the County and Mass Transit District Fund
24 attributable to retail sales within the City of Chicago shall
25 be allocated to the Chicago Transit Authority; (2) an amount
26 equal to 85% of the proceeds of those taxes collected within

 

 

09500SB1920ham001 - 30 - LRB095 17927 RLJ 51537 a

1 Cook County outside the City of Chicago and 85% of the money
2 received by the Authority on account of transfers to the
3 Regional Transportation Authority Occupation and Use Tax
4 Replacement Fund from the County and Mass Transit District Fund
5 attributable to retail sales within Cook County outside of the
6 city of Chicago shall be allocated 30% to the Chicago Transit
7 Authority, 55% to the Commuter Rail Board and 15% to the
8 Suburban Bus Board; and (3) an amount equal to 85% of the
9 proceeds of the taxes collected within the Counties of DuPage,
10 Kane, Lake, McHenry and Will shall be allocated 70% to the
11 Commuter Rail Board and 30% to the Suburban Bus Board.
12     (e) This subsection applies only until the Department
13 begins administering and enforcing an increased tax under
14 Section 4.03(m) as authorized by this amendatory Act of the
15 95th General Assembly. Moneys received by the Authority on
16 account of transfers to the Regional Transportation Authority
17 Occupation and Use Tax Replacement Fund from the State and
18 Local Sales Tax Reform Fund shall be allocated among the
19 Authority and the Service Boards as follows: 15% of such moneys
20 shall be retained by the Authority and the remaining 85% shall
21 be transferred to the Service Boards as soon as may be
22 practicable after the Authority receives payment. Moneys which
23 are distributable to the Service Boards pursuant to the
24 preceding sentence shall be allocated among the Service Boards
25 on the basis of each Service Board's distribution ratio. The
26 term "distribution ratio" means, for purposes of this

 

 

09500SB1920ham001 - 31 - LRB095 17927 RLJ 51537 a

1 subsection (e) of this Section 4.01, the ratio of the total
2 amount distributed to a Service Board pursuant to subsection
3 (d) of Section 4.01 for the immediately preceding calendar year
4 to the total amount distributed to all of the Service Boards
5 pursuant to subsection (d) of Section 4.01 for the immediately
6 preceding calendar year.
7     (f) To carry out its duties and responsibilities under this
8 Act, the Board shall employ staff which shall: (1) propose for
9 adoption by the Board of the Authority rules for the Service
10 Boards that establish (i) forms and schedules to be used and
11 information required to be provided with respect to a five-year
12 capital program, annual budgets, and two-year financial plans
13 and regular reporting of actual results against adopted budgets
14 and financial plans, (ii) financial practices to be followed in
15 the budgeting and expenditure of public funds, (iii)
16 assumptions and projections that must be followed in preparing
17 and submitting its annual budget and two-year financial plan or
18 a five-year capital program; (2) evaluate for the Board public
19 transportation programs operated or proposed by the Service
20 Boards and transportation agencies in terms of the goals and
21 objectives set out in the Strategic Plan; (3) keep the Board
22 and the public informed of the extent to which the Service
23 Boards and transportation agencies are meeting the goals and
24 objectives adopted by the Authority in the Strategic Plan; and
25 (4) assess the efficiency or adequacy of public transportation
26 services provided by a Service Board and make recommendations

 

 

09500SB1920ham001 - 32 - LRB095 17927 RLJ 51537 a

1 for change in that service to the end that the moneys available
2 to the Authority may be expended in the most economical manner
3 possible with the least possible duplication.
4     (g) All Service Boards, transportation agencies,
5 comprehensive planning agencies, including the Chicago
6 Metropolitan Agency for Planning, or transportation planning
7 agencies in the metropolitan region shall furnish to the
8 Authority such information pertaining to public transportation
9 or relevant for plans therefor as it may from time to time
10 require. The Executive Director, or his or her designee, shall,
11 for the purpose of securing any such information necessary or
12 appropriate to carry out any of the powers and responsibilities
13 of the Authority under this Act, have access to, and the right
14 to examine, all books, documents, papers or records of a
15 Service Board or any transportation agency receiving funds from
16 the Authority or Service Board, and such Service Board or
17 transportation agency shall comply with any request by the
18 Executive Director, or his or her designee, within 30 days or
19 an extended time provided by the Executive Director.
20     (h) No Service Board shall undertake any capital
21 improvement which is not identified in the Five-Year Capital
22 Program.
23 (Source: P.A. 94-370, eff. 7-29-05; 95-708, eff. 1-18-08.)
 
24     (70 ILCS 3615/4.09)  (from Ch. 111 2/3, par. 704.09)
25     Sec. 4.09. Public Transportation Fund and the Regional

 

 

09500SB1920ham001 - 33 - LRB095 17927 RLJ 51537 a

1 Transportation Authority Occupation and Use Tax Replacement
2 Fund.
3     (a)(1) As soon as possible after the first day of each
4 month, beginning July 1, 1984, upon certification of the
5 Department of Revenue, the Comptroller shall order transferred
6 and the Treasurer shall transfer from the General Revenue Fund
7 to a special fund in the State Treasury to be known as the
8 Public Transportation Fund an amount equal to 25% of the net
9 revenue, before the deduction of the serviceman and retailer
10 discounts pursuant to Section 9 of the Service Occupation Tax
11 Act and Section 3 of the Retailers' Occupation Tax Act,
12 realized from any tax imposed by the Authority pursuant to
13 Sections 4.03 and 4.03.1 and 25% of the amounts deposited into
14 the Regional Transportation Authority tax fund created by
15 Section 4.03 of this Act, from the County and Mass Transit
16 District Fund as provided in Section 6z-20 of the State Finance
17 Act and 25% of the amounts deposited into the Regional
18 Transportation Authority Occupation and Use Tax Replacement
19 Fund from the State and Local Sales Tax Reform Fund as provided
20 in Section 6z-17 of the State Finance Act. On the first day of
21 the month following the date that the Department receives
22 revenues from increased taxes under Section 4.03(m) as
23 authorized by this amendatory Act of the 95th General Assembly,
24 in lieu of the transfers authorized in the preceding sentence,
25 upon certification of the Department of Revenue, the
26 Comptroller shall order transferred and the Treasurer shall

 

 

09500SB1920ham001 - 34 - LRB095 17927 RLJ 51537 a

1 transfer from the General Revenue Fund to the Public
2 Transportation Fund an amount equal to 25% of the net revenue,
3 before the deduction of the serviceman and retailer discounts
4 pursuant to Section 9 of the Service Occupation Tax Act and
5 Section 3 of the Retailers' Occupation Tax Act, realized from
6 (i) 80% of the proceeds of any tax imposed by the Authority at
7 a rate of 1.25% in Cook County, (ii) 75% of the proceeds of any
8 tax imposed by the Authority at the rate of 1% in Cook County,
9 and (iii) one-third of the proceeds of any tax imposed by the
10 Authority at the rate of 0.75% in the Counties of DuPage, Kane,
11 Lake, McHenry, and Will, all pursuant to Section 4.03, and 25%
12 of the net revenue realized from any tax imposed by the
13 Authority pursuant to Section 4.03.1, and 25% of the amounts
14 deposited into the Regional Transportation Authority tax fund
15 created by Section 4.03 of this Act from the County and Mass
16 Transit District Fund as provided in Section 6z-20 of the State
17 Finance Act, and 25% of the amounts deposited into the Regional
18 Transportation Authority Occupation and Use Tax Replacement
19 Fund from the State and Local Sales Tax Reform Fund as provided
20 in Section 6z-17 of the State Finance Act. As used in this
21 Section, net revenue realized for a month shall be the revenue
22 collected by the State pursuant to Sections 4.03 and 4.03.1
23 during the previous month from within the metropolitan region,
24 less the amount paid out during that same month as refunds to
25 taxpayers for overpayment of liability in the metropolitan
26 region under Sections 4.03 and 4.03.1.

 

 

09500SB1920ham001 - 35 - LRB095 17927 RLJ 51537 a

1     (2) On the first day of the month following the effective
2 date of this amendatory Act of the 95th General Assembly and
3 each month thereafter, upon certification by the Department of
4 Revenue, the Comptroller shall order transferred and the
5 Treasurer shall transfer from the General Revenue Fund to the
6 Public Transportation Fund an amount equal to 5% of the net
7 revenue, before the deduction of the serviceman and retailer
8 discounts pursuant to Section 9 of the Service Occupation Tax
9 Act and Section 3 of the Retailers' Occupation Tax Act,
10 realized from any tax imposed by the Authority pursuant to
11 Sections 4.03 and 4.03.1 and certified by the Department of
12 Revenue under Section 4.03(n) of this Act to be paid to the
13 Authority and 5% of the amounts deposited into the Regional
14 Transportation Authority tax fund created by Section 4.03 of
15 this Act from the County and Mass Transit District Fund as
16 provided in Section 6z-20 of the State Finance Act, and 5% of
17 the amounts deposited into the Regional Transportation
18 Authority Occupation and Use Tax Replacement Fund from the
19 State and Local Sales Tax Reform Fund as provided in Section
20 6z-17 of the State Finance Act, and 5% of the revenue realized
21 by the Chicago Transit Authority as financial assistance from
22 the City of Chicago from the proceeds of any tax imposed by the
23 City of Chicago under Section 8-3-19 of the Illinois Municipal
24 Code.
25     (3) As soon as possible after the first day of January,
26 2009 and each month thereafter, upon certification of the

 

 

09500SB1920ham001 - 36 - LRB095 17927 RLJ 51537 a

1 Department of Revenue with respect to the taxes collected under
2 Section 4.03, the Comptroller shall order transferred and the
3 Treasurer shall transfer from the General Revenue Fund to the
4 Public Transportation Fund an amount equal to 25% of the net
5 revenue, before the deduction of the serviceman and retailer
6 discounts pursuant to Section 9 of the Service Occupation Tax
7 Act and Section 3 of the Retailers' Occupation Tax Act,
8 realized from (i) 20% of the proceeds of any tax imposed by the
9 Authority at a rate of 1.25% in Cook County, (ii) 25% of the
10 proceeds of any tax imposed by the Authority at the rate of 1%
11 in Cook County, and (iii) one-third of the proceeds of any tax
12 imposed by the Authority at the rate of 0.75% in the Counties
13 of DuPage, Kane, Lake, McHenry, and Will, all pursuant to
14 Section 4.03, and the Comptroller shall order transferred and
15 the Treasurer shall transfer from the General Revenue Fund to
16 the Public Transportation Fund (iv) an amount equal to 25% of
17 the revenue realized by the Chicago Transit Authority as
18 financial assistance from the City of Chicago from the proceeds
19 of any tax imposed by the City of Chicago under Section 8-3-19
20 of the Illinois Municipal Code.
21     (b)(1) All moneys deposited in the Public Transportation
22 Fund and the Regional Transportation Authority Occupation and
23 Use Tax Replacement Fund, whether deposited pursuant to this
24 Section or otherwise, are allocated to the Authority. The
25 Comptroller, as soon as possible after each monthly transfer
26 provided in this Section and after each deposit into the Public

 

 

09500SB1920ham001 - 37 - LRB095 17927 RLJ 51537 a

1 Transportation Fund, shall order the Treasurer to pay to the
2 Authority out of the Public Transportation Fund the amount so
3 transferred or deposited. Any Additional State Assistance and
4 Additional Financial Assistance paid to the Authority under
5 this Section shall be expended by the Authority for its
6 purposes as provided in this Act. The balance of the amounts
7 paid to the Authority from the Public Transportation Fund shall
8 be expended by the Authority as provided in Section 4.03.3. The
9 Comptroller, as soon as possible after each deposit into the
10 Regional Transportation Authority Occupation and Use Tax
11 Replacement Fund provided in this Section and Section 6z-17 of
12 the State Finance Act, shall order the Treasurer to pay to the
13 Authority out of the Regional Transportation Authority
14 Occupation and Use Tax Replacement Fund the amount so
15 deposited. Such amounts paid to the Authority may be expended
16 by it for its purposes as provided in this Act. The provisions
17 directing the distributions from the Public Transportation
18 Fund and the Regional Transportation Authority Occupation and
19 Use Tax Replacement Fund provided for in this Section shall
20 constitute an irrevocable and continuing appropriation of all
21 amounts as provided herein. The State Treasurer and State
22 Comptroller are hereby authorized and directed to make
23 distributions as provided in this Section. (2) Provided,
24 however, no moneys deposited under subsection (a) of this
25 Section shall be paid from the Public Transportation Fund to
26 the Authority or its assignee for any fiscal year until the

 

 

09500SB1920ham001 - 38 - LRB095 17927 RLJ 51537 a

1 Authority has certified to the Governor, the Comptroller, and
2 the Mayor of the City of Chicago that it has adopted for that
3 fiscal year an Annual Budget and Two-Year Financial Plan
4 meeting the requirements in Section 4.01(b).
5     (c) In recognition of the efforts of the Authority to
6 enhance the mass transportation facilities under its control,
7 the State shall provide financial assistance ("Additional
8 State Assistance") in excess of the amounts transferred to the
9 Authority from the General Revenue Fund under subsection (a) of
10 this Section. Additional State Assistance shall be calculated
11 as provided in subsection (d), but shall in no event exceed the
12 following specified amounts with respect to the following State
13 fiscal years:
14        1990$5,000,000;
15        1991$5,000,000;
16        1992$10,000,000;
17        1993$10,000,000;
18        1994$20,000,000;
19        1995$30,000,000;
20        1996$40,000,000;
21        1997$50,000,000;
22        1998$55,000,000; and
23        each year thereafter$55,000,000.
24     (c-5) The State shall provide financial assistance
25 ("Additional Financial Assistance") in addition to the
26 Additional State Assistance provided by subsection (c) and the

 

 

09500SB1920ham001 - 39 - LRB095 17927 RLJ 51537 a

1 amounts transferred to the Authority from the General Revenue
2 Fund under subsection (a) of this Section. Additional Financial
3 Assistance provided by this subsection shall be calculated as
4 provided in subsection (d), but shall in no event exceed the
5 following specified amounts with respect to the following State
6 fiscal years:
7        2000$0;
8        2001$16,000,000;
9        2002$35,000,000;
10        2003$54,000,000;
11        2004$73,000,000;
12        2005$93,000,000; and
13        each year thereafter$100,000,000.
14     (d) Beginning with State fiscal year 1990 and continuing
15 for each State fiscal year thereafter, the Authority shall
16 annually certify to the State Comptroller and State Treasurer,
17 separately with respect to each of subdivisions (g)(2) and
18 (g)(3) of Section 4.04 of this Act, the following amounts:
19         (1) The amount necessary and required, during the State
20     fiscal year with respect to which the certification is
21     made, to pay its obligations for debt service on all
22     outstanding bonds or notes issued by the Authority under
23     subdivisions (g)(2) and (g)(3) of Section 4.04 of this Act.
24         (2) An estimate of the amount necessary and required to
25     pay its obligations for debt service for any bonds or notes
26     which the Authority anticipates it will issue under

 

 

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1     subdivisions (g)(2) and (g)(3) of Section 4.04 during that
2     State fiscal year.
3         (3) Its debt service savings during the preceding State
4     fiscal year from refunding or advance refunding of bonds or
5     notes issued under subdivisions (g)(2) and (g)(3) of
6     Section 4.04.
7         (4) The amount of interest, if any, earned by the
8     Authority during the previous State fiscal year on the
9     proceeds of bonds or notes issued pursuant to subdivisions
10     (g)(2) and (g)(3) of Section 4.04, other than refunding or
11     advance refunding bonds or notes.
12     The certification shall include a specific schedule of debt
13 service payments, including the date and amount of each payment
14 for all outstanding bonds or notes and an estimated schedule of
15 anticipated debt service for all bonds and notes it intends to
16 issue, if any, during that State fiscal year, including the
17 estimated date and estimated amount of each payment.
18     Immediately upon the issuance of bonds for which an
19 estimated schedule of debt service payments was prepared, the
20 Authority shall file an amended certification with respect to
21 item (2) above, to specify the actual schedule of debt service
22 payments, including the date and amount of each payment, for
23 the remainder of the State fiscal year.
24     On the first day of each month of the State fiscal year in
25 which there are bonds outstanding with respect to which the
26 certification is made, the State Comptroller shall order

 

 

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1 transferred and the State Treasurer shall transfer from the
2 General Revenue Fund to the Public Transportation Fund the
3 Additional State Assistance and Additional Financial
4 Assistance in an amount equal to the aggregate of (i)
5 one-twelfth of the sum of the amounts certified under items (1)
6 and (3) above less the amount certified under item (4) above,
7 plus (ii) the amount required to pay debt service on bonds and
8 notes issued during the fiscal year, if any, divided by the
9 number of months remaining in the fiscal year after the date of
10 issuance, or some smaller portion as may be necessary under
11 subsection (c) or (c-5) of this Section for the relevant State
12 fiscal year, plus (iii) any cumulative deficiencies in
13 transfers for prior months, until an amount equal to the sum of
14 the amounts certified under items (1) and (3) above, plus the
15 actual debt service certified under item (2) above, less the
16 amount certified under item (4) above, has been transferred;
17 except that these transfers are subject to the following
18 limits:
19         (A) 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)(2) of Section 4.04
22     exceed the lesser of the annual maximum amount specified in
23     subsection (c) 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

 

 

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1     notes.
2         (B) In no event shall the total transfers in any State
3     fiscal year relating to outstanding bonds and notes issued
4     by the Authority under subdivision (g)(3) of Section 4.04
5     exceed the lesser of the annual maximum amount specified in
6     subsection (c-5) or the sum of the amounts certified under
7     items (1) and (3) above, plus the actual debt service
8     certified under item (2) above, less the amount certified
9     under item (4) above, with respect to those bonds and
10     notes.
11     The term "outstanding" does not include bonds or notes for
12 which refunding or advance refunding bonds or notes have been
13 issued.
14     (e) Neither Additional State Assistance nor Additional
15 Financial Assistance may be pledged, either directly or
16 indirectly as general revenues of the Authority, as security
17 for any bonds issued by the Authority. The Authority may not
18 assign its right to receive Additional State Assistance or
19 Additional Financial Assistance, or direct payment of
20 Additional State Assistance or Additional Financial
21 Assistance, to a trustee or any other entity for the payment of
22 debt service on its bonds.
23     (f) The certification required under subsection (d) with
24 respect to outstanding bonds and notes of the Authority shall
25 be filed as early as practicable before the beginning of the
26 State fiscal year to which it relates. The certification shall

 

 

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1 be revised as may be necessary to accurately state the debt
2 service requirements of the Authority.
3     (g) Within 6 months of the end of each fiscal year, the
4 Authority shall determine:
5         (i) whether the aggregate of all system generated
6     revenues for public transportation in the metropolitan
7     region which is provided by, or under grant or purchase of
8     service contracts with, the Service Boards equals 50% of
9     the aggregate of all costs of providing such public
10     transportation. "System generated revenues" include all
11     the proceeds of fares and charges for services provided,
12     contributions received in connection with public
13     transportation from units of local government other than
14     the Authority, except for contributions received by the
15     Chicago Transit Authority from a real estate transfer tax
16     imposed under subsection (i) of Section 8-3-19 of the
17     Illinois Municipal Code, and from the State pursuant to
18     subsection (i) of Section 2705-305 of the Department of
19     Transportation Law (20 ILCS 2705/2705-305), and all other
20     revenues properly included consistent with generally
21     accepted accounting principles but may not include: the
22     proceeds from any borrowing, and, beginning with the 2007
23     fiscal year, all revenues and receipts, including but not
24     limited to fares and grants received from the federal,
25     State or any unit of local government or other entity,
26     derived from providing ADA paratransit service pursuant to

 

 

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1     Section 2.30 of the Regional Transportation Authority Act.
2     "Costs" include all items properly included as operating
3     costs consistent with generally accepted accounting
4     principles, including administrative costs, but do not
5     include: depreciation; payment of principal and interest
6     on bonds, notes or other evidences of obligations for
7     borrowed money of the Authority; payments with respect to
8     public transportation facilities made pursuant to
9     subsection (b) of Section 2.20; any payments with respect
10     to rate protection contracts, credit enhancements or
11     liquidity agreements made under Section 4.14; any other
12     cost as to which it is reasonably expected that a cash
13     expenditure will not be made; costs for passenger security
14     including grants, contracts, personnel, equipment and
15     administrative expenses, except in the case of the Chicago
16     Transit Authority, in which case the term does not include
17     costs spent annually by that entity for protection against
18     crime as required by Section 27a of the Metropolitan
19     Transit Authority Act; the costs of Debt Service paid by
20     the Chicago Transit Authority, as defined in Section 12c of
21     the Metropolitan Transit Authority Act, or bonds or notes
22     issued pursuant to that Section; the payment by the
23     Commuter Rail Division of debt service on bonds issued
24     pursuant to Section 3B.09; expenses incurred by the
25     Suburban Bus Division for the cost of new public
26     transportation services funded from grants pursuant to

 

 

09500SB1920ham001 - 45 - LRB095 17927 RLJ 51537 a

1     Section 2.01e of this amendatory Act of the 95th General
2     Assembly for a period of 2 years from the date of
3     initiation of each such service; costs as exempted by the
4     Board for projects pursuant to Section 2.09 of this Act;
5     or, beginning with the 2007 fiscal year, expenses related
6     to providing ADA paratransit service pursuant to Section
7     2.30 of the Regional Transportation Authority Act; or in
8     fiscal years 2008 through 2012 inclusive, costs in the
9     amount of $200,000,000 in fiscal year 2008, reducing by
10     $40,000,000 in each fiscal year thereafter until this
11     exemption is eliminated. If said system generated revenues
12     are less than 50% of said costs, the Board shall remit an
13     amount equal to the amount of the deficit to the State. The
14     Treasurer shall deposit any such payment in the General
15     Revenue Fund; and
16         (ii) whether, beginning with the 2007 fiscal year, the
17     aggregate of all fares charged and received for ADA
18     paratransit services equals the system generated ADA
19     paratransit services revenue recovery ratio percentage of
20     the aggregate of all costs of providing such ADA
21     paratransit services.
22     (h) If the Authority makes any payment to the State under
23 paragraph (g), the Authority shall reduce the amount provided
24 to a Service Board from funds transferred under paragraph (a)
25 in proportion to the amount by which that Service Board failed
26 to meet its required system generated revenues recovery ratio.

 

 

09500SB1920ham001 - 46 - LRB095 17927 RLJ 51537 a

1 A Service Board which is affected by a reduction in funds under
2 this paragraph shall submit to the Authority concurrently with
3 its next due quarterly report a revised budget incorporating
4 the reduction in funds. The revised budget must meet the
5 criteria specified in clauses (i) through (vi) of Section
6 4.11(b)(2). The Board shall review and act on the revised
7 budget as provided in Section 4.11(b)(3).
8 (Source: P.A. 94-370, eff. 7-29-05; 95-708, eff. 1-18-08.)
 
9     (70 ILCS 3615/5.01)  (from Ch. 111 2/3, par. 705.01)
10     Sec. 5.01. Hearings and Citizen Participation.
11     (a) The Authority shall provide for and encourage
12 participation by the public in the development and review of
13 public transportation policy, and in the process by which major
14 decisions significantly affecting the provision of public
15 transportation are made. The Authority shall coordinate such
16 public participation processes with the Chicago Metropolitan
17 Agency for Planning to the extent practicable.
18     (b) The Authority shall hold such public hearings as may be
19 required by this Act or as the Authority may deem appropriate
20 to the performance of any of its functions. The Authority shall
21 coordinate such public hearings with the Chicago Metropolitan
22 Agency for Planning to the extent practicable.
23     (c) Unless such items are specifically provided for either
24 in the Five-Year Capital Program or in the annual budget
25 program which has been the subject of public hearings as

 

 

09500SB1920ham001 - 47 - LRB095 17927 RLJ 51537 a

1 provided in Sections 2.01 or 4.01 of this Act, the Board shall
2 hold public hearings at which citizens may be heard prior to:
3         (i) the construction or acquisition of any public
4     transportation facility, the aggregate cost of which
5     exceeds $5 million; and
6         (ii) the extension of, or major addition to services
7     provided by the Authority or by any transportation agency
8     pursuant to a purchase of service agreement with the
9     Authority.
10     (d) Unless such items are specifically provided for in the
11 annual budget and program which has been the subject of public
12 hearing, as provided in Section 4.01 of this Act, the Board
13 shall hold public hearings at which citizens may be heard prior
14 to the providing for or allowing, by means of any purchase of
15 service agreement or any grant pursuant to Section 2.02 of this
16 Act, any general increase or series of increases in fares or
17 charges for public transportation, whether by the Authority or
18 by any transportation agency, which increase or series of
19 increases within any twelve months affects more than 25% of the
20 consumers of service of the Authority or of the transportation
21 agency; or so providing for or allowing any discontinuance of
22 any public transportation route, or major portion thereof,
23 which has been in service for more than a year.
24     (e) At least twenty days prior notice of any public
25 hearing, as required in this Section, shall be given by public
26 advertisement in a newspaper of general circulation in the

 

 

09500SB1920ham001 - 48 - LRB095 17927 RLJ 51537 a

1 metropolitan region.
2     (e-5) With respect to any increase in fares or charges for
3 public transportation, whether by the Authority or by any
4 Service Board or transportation agency, a public hearing must
5 be held in each county in which the fare increase takes effect.
6 Notice of the public hearing shall be given at least 20 days
7 prior to the hearing and at least 30 days prior to the
8 effective date of any fare increase. Notice shall be given by
9 public advertisement in a newspaper of general circulation in
10 the metropolitan region and must also be sent to the Governor
11 and to each member of the General Assembly whose district
12 overlaps in whole or in part with the area in which the
13 increase takes effect. The notice must state the date, time,
14 and place of the hearing and must contain a description of the
15 proposed increase. The notice must also specify how interested
16 persons may obtain copies of any reports, resolutions, or
17 certificates describing the basis upon which the increase was
18 calculated.
19     (f) The Authority may designate one or more Directors or
20 may appoint one or more hearing officers to preside over any
21 hearing pursuant to this Act. The Authority shall have the
22 power in connection with any such hearing to issue subpoenas to
23 require the attendance of witnesses and the production of
24 documents, and the Authority may apply to any circuit court in
25 the State to require compliance with such subpoenas.
26     (g) The Authority may require any Service Board to hold one

 

 

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1 or more public hearings with respect to any item described in
2 paragraphs (c), and (d), and (e-5) of this Section 5.01,
3 notwithstanding whether such item has been the subject of a
4 public hearing under this Section 5.01 or Section 2.01 or 4.01
5 of this Act.
6 (Source: P.A. 95-708, eff. 1-18-08.)
 
7     Section 99. Effective date. This Act takes effect upon
8 becoming law.".