SB1920enr 95TH GENERAL ASSEMBLY



 


 
SB1920 Enrolled LRB095 17927 HLH 44009 b

1     AN ACT concerning local government.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
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
17 Section 2-11. Any Metro-East District may either monthly or
18 quarterly for any fiscal year file a request for the
19 participant's eligible share, as allocated in accordance with
20 Section 2-6, of the amounts transferred into the Metro-East
21 Public Transportation Fund.
22     (b) Each participant other than any Metro-East Transit
23 District participant shall, 30 days before the end of each

 

 

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1 quarter, file with the Department on forms provided by the
2 Department for such purposes a report of the projected eligible
3 operating expenses to be incurred in the next quarter and 30
4 days before the third and fourth quarters of any fiscal year a
5 statement of actual eligible operating expenses incurred in the
6 preceding quarters. Except as otherwise provided in subsection
7 (b-5), within 45 days of receipt by the Department of such
8 quarterly report, the Comptroller shall order paid and the
9 Treasurer shall pay from the Downstate Public Transportation
10 Fund to each participant an amount equal to one-third of such
11 participant's eligible operating expenses; provided, however,
12 that in Fiscal Year 1997, the amount paid to each participant
13 from the Downstate Public Transportation Fund shall be an
14 amount equal to 47% of such participant's eligible operating
15 expenses and shall be increased to 49% in Fiscal Year 1998, 51%
16 in Fiscal Year 1999, 53% in Fiscal Year 2000, 55% in Fiscal
17 Years 2001 through 2007, and 65% in Fiscal Year 2008 and
18 thereafter; however, in any year that a participant receives
19 funding under subsection (i) of Section 2705-305 of the
20 Department of Transportation Law (20 ILCS 2705/2705-305), that
21 participant shall be eligible only for assistance equal to the
22 following percentage of its eligible operating expenses: 42% in
23 Fiscal Year 1997, 44% in Fiscal Year 1998, 46% in Fiscal Year
24 1999, 48% in Fiscal Year 2000, and 50% in Fiscal Year 2001 and
25 thereafter. Any such payment for the third and fourth quarters
26 of any fiscal year shall be adjusted to reflect actual eligible

 

 

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1 operating expenses for preceding quarters of such fiscal year.
2 However, no participant shall receive an amount less than that
3 which was received in the immediate prior year, provided in the
4 event of a shortfall in the fund those participants receiving
5 less than their full allocation pursuant to Section 2-6 of this
6 Article shall be the first participants to receive an amount
7 not less than that received in the immediate prior year.
8     (b-5) (Blank.)
9     (b-10) On July 1, 2008, each participant shall receive an
10 appropriation in an amount equal to 65% of its fiscal year 2008
11 eligible operating expenses adjusted by the annual 10% increase
12 required by Section 2-2.04 of this Act. In no case shall any
13 participant receive an appropriation that is less than its
14 fiscal year 2008 appropriation. Every fiscal year thereafter,
15 each participant's appropriation shall increase by 10% over the
16 appropriation established for the preceding fiscal year as
17 required by Section 2-2.04 of this Act.
18     (b-15) Beginning on July 1, 2007, and for each fiscal year
19 thereafter, each participant shall maintain a minimum local
20 share contribution (from farebox and all other local revenues)
21 equal to the actual amount provided in Fiscal Year 2006 or, for
22 new recipients, an amount equivalent to the local share
23 provided in the first year of participation. The local share
24 contribution shall be reduced by an amount equal to the total
25 amount of lost revenue for services provided under Section
26 2-15.2 and Section 2-15.3 of this Act.

 

 

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1     (b-20) Any participant in the Downstate Public
2 Transportation Fund may use State operating assistance
3 pursuant to this Section to provide transportation services
4 within any county that is contiguous to its territorial
5 boundaries as defined by the Department and subject to
6 Departmental approval. Any such contiguous-area service
7 provided by a participant after July 1, 2007 must meet the
8 requirements of subsection (a) of Section 2-5.1.
9     (c) No later than 180 days following the last day of the
10 Fiscal Year each participant shall provide the Department with
11 an audit prepared by a Certified Public Accountant covering
12 that Fiscal Year. For those participants other than a
13 Metro-East Transit District, any discrepancy between the
14 grants paid and the percentage of the eligible operating
15 expenses provided for by paragraph (b) of this Section shall be
16 reconciled by appropriate payment or credit. In the case of any
17 Metro-East Transit District, any amount of payments from the
18 Metro-East Public Transportation Fund which exceed the
19 eligible deficit of the participant shall be reconciled by
20 appropriate payment or credit.
21 (Source: P.A. 94-70, eff. 6-22-05; 95-708, eff. 1-18-08.)
 
22     (30 ILCS 740/2-15.3 new)
23     Sec. 2-15.3. Transit services for disabled individuals.
24 Notwithstanding any law to the contrary, no later than 60 days
25 following the effective date of this amendatory Act of the 95th

 

 

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1 General Assembly, all fixed route public transportation
2 services provided by, or under grant or purchase of service
3 contract of, any participant shall be provided without charge
4 to all disabled persons who meet the income eligibility
5 limitation set forth in subsection (a-5) of Section 4 of the
6 Senior Citizens and Disabled Persons Property Tax Relief and
7 Pharmaceutical Assistance Act, under such procedures as shall
8 be prescribed by the participant. The Department on Aging shall
9 furnish all information reasonably necessary to determine
10 eligibility, including updated lists of individuals who are
11 eligible for services without charge under this Section.
 
12     Section 5. The Illinois Pension Code is amended by changing
13 Section 22-101B as follows:
 
14     (40 ILCS 5/22-101B)
15     Sec. 22-101B. Health Care Benefits.
16     (a) The Chicago Transit Authority (hereinafter referred to
17 in this Section as the "Authority") shall take all actions
18 lawfully available to it to separate the funding of health care
19 benefits for retirees and their dependents and survivors from
20 the funding for its retirement system. The Authority shall
21 endeavor to achieve this separation as soon as possible, and in
22 any event no later than July 1, 2009.
23     (b) Effective 90 days after the effective date of this
24 amendatory Act of the 95th General Assembly, a Retiree Health

 

 

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1 Care Trust is established for the purpose of providing health
2 care benefits to eligible retirees and their dependents and
3 survivors in accordance with the terms and conditions set forth
4 in this Section 22-101B. The Retiree Health Care Trust shall be
5 solely responsible for providing health care benefits to
6 eligible retirees and their dependents and survivors by no
7 later than July 1, 2009, but no earlier than January 1, 2009.
8         (1) The Board of Trustees shall consist of 7 members
9     appointed as follows: (i) 3 trustees shall be appointed by
10     the Chicago Transit Board; (ii) one trustee shall be
11     appointed by an organization representing the highest
12     number of Chicago Transit Authority participants; (iii)
13     one trustee shall be appointed by an organization
14     representing the second-highest number of Chicago Transit
15     Authority participants; (iv) one trustee shall be
16     appointed by the recognized coalition representatives of
17     participants who are not represented by an organization
18     with the highest or second-highest number of Chicago
19     Transit Authority participants; and (v) one trustee shall
20     be selected by the Regional Transportation Authority Board
21     of Directors, and the trustee shall be a professional
22     fiduciary who has experience in the area of collectively
23     bargained retiree health plans. Trustees shall serve until
24     a successor has been appointed and qualified, or until
25     resignation, death, incapacity, or disqualification.
26         Any person appointed as a trustee of the board shall

 

 

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1     qualify by taking an oath of office that he or she will
2     diligently and honestly administer the affairs of the
3     system, and will not knowingly violate or willfully permit
4     the violation of any of the provisions of law applicable to
5     the Plan, including Sections 1-109, 1-109.1, 1-109.2,
6     1-110, 1-111, 1-114, and 1-115 of Article 1 of the Illinois
7     Pension Code.
8         Each trustee shall cast individual votes, and a
9     majority vote shall be final and binding upon all
10     interested parties, provided that the Board of Trustees may
11     require a supermajority vote with respect to the investment
12     of the assets of the Retiree Health Care Trust, and may set
13     forth that requirement in the trust agreement or by-laws of
14     the Board of Trustees. Each trustee shall have the rights,
15     privileges, authority and obligations as are usual and
16     customary for such fiduciaries.
17         (2) The Board of Trustees shall establish and
18     administer a health care benefit program for eligible
19     retirees and their dependents and survivors. The health
20     care benefit program for eligible retirees and their
21     dependents and survivors shall not contain any plan which
22     provides for more than 90% coverage for in-network services
23     or 70% coverage for out-of-network services after any
24     deductible has been paid.
25         (3) The Retiree Health Care Trust shall be administered
26     by the Board of Trustees according to the following

 

 

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1     requirements:
2             (i) The Board of Trustees may cause amounts on
3         deposit in the Retiree Health Care Trust to be invested
4         in those investments that are permitted investments
5         for the investment of moneys held under any one or more
6         of the pension or retirement systems of the State, any
7         unit of local government or school district, or any
8         agency or instrumentality thereof. The Board, by a vote
9         of at least two-thirds of the trustees, may transfer
10         investment management to the Illinois State Board of
11         Investment, which is hereby authorized to manage these
12         investments when so requested by the Board of Trustees.
13             (ii) The Board of Trustees shall establish and
14         maintain an appropriate funding reserve level which
15         shall not be less than the amount of incurred and
16         unreported claims plus 12 months of expected claims and
17         administrative expenses.
18             (iii) The Board of Trustees shall make an annual
19         assessment of the funding levels of the Retiree Health
20         Care Trust and shall submit a report to the Auditor
21         General at least 90 days prior to the end of the fiscal
22         year. The report shall provide the following:
23                 (A) the actuarial present value of projected
24             benefits expected to be paid to current and future
25             retirees and their dependents and survivors;
26                 (B) the actuarial present value of projected

 

 

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1             contributions and trust income plus assets;
2                 (C) the reserve required by subsection
3             (b)(3)(ii); and
4                 (D) an assessment of whether the actuarial
5             present value of projected benefits expected to be
6             paid to current and future retirees and their
7             dependents and survivors exceeds or is less than
8             the actuarial present value of projected
9             contributions and trust income plus assets in
10             excess of the reserve required by subsection
11             (b)(3)(ii).
12             If the actuarial present value of projected
13         benefits expected to be paid to current and future
14         retirees and their dependents and survivors exceeds
15         the actuarial present value of projected contributions
16         and trust income plus assets in excess of the reserve
17         required by subsection (b)(3)(ii), then the report
18         shall provide a plan of increases in employee, retiree,
19         dependent, or survivor contribution levels, decreases
20         in benefit levels, or both, which is projected to cure
21         the shortfall over a period of not more than 10 years.
22         If the actuarial present value of projected benefits
23         expected to be paid to current and future retirees and
24         their dependents and survivors is less than the
25         actuarial present value of projected contributions and
26         trust income plus assets in excess of the reserve

 

 

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

 

 

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

 

 

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1                 (C) The Board of Trustees shall submit an
2             alternative report and plan within 45 days after
3             receiving a rejection determination by the Auditor
4             General. A determination by the Auditor General on
5             any alternative report and plan submitted by the
6             Board of Trustees shall be made within 90 days
7             after receiving the alternative report and plan,
8             and shall be accepted or rejected according to the
9             requirements of this subsection (b)(3)(iv). The
10             Board of Trustees shall continue to submit
11             alternative reports and plans to the Auditor
12             General, as necessary, until a favorable
13             determination is made by the Auditor General.
14         (4) For any retiree who first retires effective on or
15     after January 18, 2008 the effective date of this
16     amendatory Act of the 95th General Assembly, to be eligible
17     for retiree health care benefits upon retirement, the
18     retiree must be at least 55 years of age, retire with 10 or
19     more years of continuous service and satisfy the
20     preconditions established by Public Act 95-708 this
21     amendatory Act in addition to any rules or regulations
22     promulgated by the Board of Trustees. Notwithstanding the
23     foregoing, any retiree who retired prior to the effective
24     date of this amendatory Act with 25 years or more of
25     continuous service, or who retires within 90 days after the
26     effective date of this amendatory Act or by January 1,

 

 

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1     2009, whichever is later, with 25 years or more of
2     continuous service, shall be eligible for retiree health
3     care benefits upon retirement. This paragraph (4) shall not
4     apply to a disability allowance.
5         (5) Effective January 1, 2009, the aggregate amount of
6     retiree, dependent and survivor contributions to the cost
7     of their health care benefits shall not exceed more than
8     45% of the total cost of such benefits. The Board of
9     Trustees shall have the discretion to provide different
10     contribution levels for retirees, dependents and survivors
11     based on their years of service, level of coverage or
12     Medicare eligibility, provided that the total contribution
13     from all retirees, dependents, and survivors shall be not
14     more than 45% of the total cost of such benefits. The term
15     "total cost of such benefits" for purposes of this
16     subsection shall be the total amount expended by the
17     retiree health benefit program in the prior plan year, as
18     calculated and certified in writing by the Retiree Health
19     Care Trust's enrolled actuary to be appointed and paid for
20     by the Board of Trustees.
21         (6) Effective January 18, 2008 30 days after the
22     establishment of the Retiree Health Care Trust, all
23     employees of the Authority shall contribute to the Retiree
24     Health Care Trust in an amount not less than 3% of
25     compensation.
26         (7) No earlier than January 1, 2009 and no later than

 

 

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1     July 1, 2009 as the Retiree Health Care Trust becomes
2     solely responsible for providing health care benefits to
3     eligible retirees and their dependents and survivors in
4     accordance with subsection (b) of this Section 22-101B, the
5     Authority shall not have any obligation to provide health
6     care to current or future retirees and their dependents or
7     survivors. Employees, retirees, dependents, and survivors
8     who are required to make contributions to the Retiree
9     Health Care Trust shall make contributions at the level set
10     by the Board of Trustees pursuant to the requirements of
11     this Section 22-101B.
12 (Source: P.A. 95-708, eff. 1-18-08.)
 
13     Section 10. If and only if the provisions of House Bill 656
14 of the 95th General Assembly become law, the Counties Code is
15 amended by adding Section 6-34000 as follows:
 
16     (55 ILCS 5/6-34000 new)
17     Sec. 6-34000. Report on funds received under the Regional
18 Transportation Authority Act. If the Board of the Regional
19 Transportation Authority adopts an ordinance under Section
20 4.03 of the Regional Transportation Authority Act imposing a
21 retailers' occupation tax and a service occupation tax at the
22 rate of 0.75% in the counties of DuPage, Kane, Lake, McHenry,
23 and Will, then the County Boards of DuPage, Kane, Lake,
24 McHenry, and Will counties shall each report to the General

 

 

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1 Assembly and the Commission on Government Forecasting and
2 Accountability by March 1 of the year following the adoption of
3 the ordinance and March 1 of each year thereafter. That report
4 shall include the total amounts received by the County under
5 subsection (n) of Section 4.03 of the Regional Transportation
6 Authority Act and the expenditures and obligations of the
7 County using those funds during the previous calendar year.
 
8     Section 15. The Metropolitan Transit Authority Act is
9 amended by adding Section 52 as follows:
 
10     (70 ILCS 3605/52 new)
11     Sec. 52. 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, the Board shall be provided without charge to all
17 disabled persons who meet the income eligibility limitation set
18 forth in subsection (a-5) of Section 4 of the Senior Citizens
19 and Disabled Persons Property Tax Relief and Pharmaceutical
20 Assistance Act, under such procedures as shall be prescribed by
21 the Board. The Department on Aging shall furnish all
22 information reasonably necessary to determine eligibility,
23 including updated lists of individuals who are eligible for
24 services without charge under this Section.
 

 

 

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1     Section 20. The Local Mass Transit District Act is amended
2 by adding Section 8.7 as follows:
 
3     (70 ILCS 3610/8.7 new)
4     Sec. 8.7. 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 District shall be provided without charge to
10 all disabled persons who meet the income eligibility limitation
11 set forth in subsection (a-5) of Section 4 of the Senior
12 Citizens and Disabled Persons Property Tax Relief and
13 Pharmaceutical Assistance Act, under such procedures as shall
14 be prescribed by the District. 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 25. The Regional Transportation Authority Act is
19 amended by changing Sections 3A.02, 3A.05, 3A.12, 4.01, 4.09,
20 and 5.01 and adding Sections 3A.16 and 3B.15 as follows:
 
21     (70 ILCS 3615/3A.02)  (from Ch. 111 2/3, par. 703A.02)
22     Sec. 3A.02. Suburban Bus Board. The governing body of the

 

 

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1 Suburban Bus Division shall be a board consisting of 13 12
2 directors appointed as follows:
3     (a) Six Directors appointed by the members of the Cook
4 County Board elected from that part of Cook County outside of
5 Chicago, or in the event such Board of Commissioners becomes
6 elected from single member districts, by those Commissioners
7 elected from districts, a majority of the residents of which
8 reside outside of Chicago from the chief executive officers of
9 the municipalities, of that portion of Cook County outside of
10 Chicago. Provided however, that:
11     (i) One of the Directors shall be the chief executive
12 officer of a municipality within the area of the Northwest
13 Region defined in Section 3A.13;
14     (ii) One of the Directors shall be the chief executive
15 officer of a municipality within the area of the North Central
16 Region defined in Section 3A.13;
17     (iii) One of the Directors shall be the chief executive
18 officer of a municipality within the area of the North Shore
19 Region defined in Section 3A.13;
20     (iv) One of the Directors shall be the chief executive
21 officer of a municipality within the area of the Central Region
22 defined in Section 3A.13;
23     (v) One of the Directors shall be the chief executive
24 officer of a municipality within the area of the Southwest
25 Region defined in Section 3A.13;
26     (vi) One of the Directors shall be the chief executive

 

 

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1 officer of a municipality within the area of the South Region
2 defined in Section 3A.13;
3     (b) One Director by the Chairman of the Kane County Board
4 who shall be a chief executive officer of a municipality within
5 Kane County;
6     (c) One Director by the Chairman of the Lake County Board
7 who shall be a chief executive officer of a municipality within
8 Lake County;
9     (d) One Director by the Chairman of the DuPage County Board
10 who shall be a chief executive officer of a municipality within
11 DuPage County;
12     (e) One Director by the Chairman of the McHenry County
13 Board who shall be a chief executive officer of a municipality
14 within McHenry County;
15     (f) One Director by the Chairman of the Will County Board
16 who shall be a chief executive officer of a municipality within
17 Will County;
18     (g) The Commissioner of the Mayor's Office for People with
19 Disabilities, from the City of Chicago, who shall serve as an
20 ex-officio member; and
21     (h) (g) The Chairman by the Governor for the initial term,
22 and thereafter by a majority of the Chairmen of the DuPage,
23 Kane, Lake, McHenry and Will County Boards and the members of
24 the Cook County Board elected from that part of Cook County
25 outside of Chicago, or in the event such Board of Commissioners
26 is elected from single member districts, by those Commissioners

 

 

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1 elected from districts, a majority of the electors of which
2 reside outside of Chicago; and who after the effective date of
3 this amendatory Act of the 95th General Assembly may not be a
4 resident of the City of Chicago.
5     Each appointment made under paragraphs (a) through (g) and
6 under Section 3A.03 shall be certified by the appointing
7 authority to the Suburban Bus Board which shall maintain the
8 certifications as part of the official records of the Suburban
9 Bus Board; provided that the initial appointments shall be
10 certified to the Secretary of State, who shall transmit the
11 certifications to the Suburban Bus Board following its
12 organization.
13     For the purposes of this Section, "chief executive officer
14 of a municipality" includes a former chief executive officer of
15 a municipality within the specified Region or County, provided
16 that the former officer continues to reside within such Region
17 or County.
18 (Source: P.A. 84-1246.)
 
19     (70 ILCS 3615/3A.05)  (from Ch. 111 2/3, par. 703A.05)
20     Sec. 3A.05. Appointment of officers and employees. The
21 Suburban Bus Board shall appoint an Executive Director who
22 shall be the chief executive officer of the Division,
23 appointed, retained or dismissed with the concurrence of 9 8 of
24 the directors of the Suburban Bus Board. The Executive Director
25 shall appoint, retain and employ officers, attorneys, agents,

 

 

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1 engineers, employees and shall organize the staff, shall
2 allocate their functions and duties, fix compensation and
3 conditions of employment, and consistent with the policies of
4 and direction from the Suburban Bus Board take all actions
5 necessary to achieve its purposes, fulfill its
6 responsibilities and carry out its powers, and shall have such
7 other powers and responsibilities as the Suburban Bus Board
8 shall determine. The Executive Director shall be an individual
9 of proven transportation and management skills and may not be a
10 member of the Suburban Bus Board. The Division may employ its
11 own professional management personnel to provide professional
12 and technical expertise concerning its purposes and powers and
13 to assist it in assessing the performance of transportation
14 agencies in the metropolitan region.
15     No unlawful discrimination, as defined and prohibited in
16 the Illinois Human Rights Act, shall be made in any term or
17 aspect of employment nor shall there be discrimination based
18 upon political reasons or factors. The Suburban Bus Board shall
19 establish regulations to insure that its discharges shall not
20 be arbitrary and that hiring and promotion are based on merit.
21     The Division shall be subject to the "Illinois Human Rights
22 Act", as now or hereafter amended, and the remedies and
23 procedure established thereunder. The Suburban Bus Board shall
24 file an affirmative action program for employment by it with
25 the Department of Human Rights to ensure that applicants are
26 employed and that employees are treated during employment,

 

 

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1 without regard to unlawful discrimination. Such affirmative
2 action program shall include provisions relating to hiring,
3 upgrading, demotion, transfer, recruitment, recruitment
4 advertising, selection for training and rates of pay or other
5 forms of compensation.
6 (Source: P.A. 83-885; 83-886.)
 
7     (70 ILCS 3615/3A.12)  (from Ch. 111 2/3, par. 703A.12)
8     Sec. 3A.12. Working Cash Borrowing. The Suburban Bus Board
9 with the affirmative vote of 9 8 of its Directors may demand
10 and direct the Board of the Authority to issue Working Cash
11 Notes at such time and in such amounts and having such
12 maturities as the Suburban Bus Board deems proper, provided
13 however any such borrowing shall have been specifically
14 identified in the budget of the Suburban Bus Board as approved
15 by the Board of the Authority. Provided further, that the
16 Suburban Bus Board may not demand and direct the Board of the
17 Authority to have issued and have outstanding at any time in
18 excess of $5,000,000 in Working Cash Notes.
19 (Source: P.A. 83-886.)
 
20     (70 ILCS 3615/3A.16 new)
21     Sec. 3A.16. Transit services for disabled individuals.
22 Notwithstanding any law to the contrary, no later than 60 days
23 following the effective date of this amendatory Act of the 95th
24 General Assembly, all fixed route public transportation

 

 

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

 

 

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1     (70 ILCS 3615/4.01)  (from Ch. 111 2/3, par. 704.01)
2     Sec. 4.01. Budget and Program.
3     (a) The Board shall control the finances of the Authority.
4 It shall by ordinance adopted by the affirmative vote of at
5 least 12 of its then Directors (i) appropriate money to perform
6 the Authority's purposes and provide for payment of debts and
7 expenses of the Authority, (ii) take action with respect to the
8 budget and two-year financial plan of each Service Board, as
9 provided in Section 4.11, and (iii) adopt an Annual Budget and
10 Two-Year Financial Plan for the Authority that includes the
11 annual budget and two-year financial plan of each Service Board
12 that has been approved by the Authority. The Annual Budget and
13 Two-Year Financial Plan shall contain a statement of the funds
14 estimated to be on hand for the Authority and each Service
15 Board at the beginning of the fiscal year, the funds estimated
16 to be received from all sources for such year, the estimated
17 expenses and obligations of the Authority and each Service
18 Board for all purposes, including expenses for contributions to
19 be made with respect to pension and other employee benefits,
20 and the funds estimated to be on hand at the end of such year.
21 The fiscal year of the Authority and each Service Board shall
22 begin on January 1st and end on the succeeding December 31st.
23 By July 1st of each year the Director of the Illinois
24 Governor's Office of Management and Budget (formerly Bureau of
25 the Budget) shall submit to the Authority an estimate of

 

 

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1 revenues for the next fiscal year of the Authority to be
2 collected from the taxes imposed by the Authority and the
3 amounts to be available in the Public Transportation Fund and
4 the Regional Transportation Authority Occupation and Use Tax
5 Replacement Fund and the amounts otherwise to be appropriated
6 by the State to the Authority for its purposes. The Authority
7 shall file a copy of its Annual Budget and Two-Year Financial
8 Plan with the General Assembly and the Governor after its
9 adoption. Before the proposed Annual Budget and Two-Year
10 Financial Plan is adopted, the Authority shall hold at least
11 one public hearing thereon in the metropolitan region, and
12 shall meet with the county board or its designee of each of the
13 several counties in the metropolitan region. After conducting
14 such hearings and holding such meetings and after making such
15 changes in the proposed Annual Budget and Two-Year Financial
16 Plan as the Board deems appropriate, the Board shall adopt its
17 annual appropriation and Annual Budget and Two-Year Financial
18 Plan ordinance. The ordinance may be adopted only upon the
19 affirmative votes of 12 of its then Directors. The ordinance
20 shall appropriate such sums of money as are deemed necessary to
21 defray all necessary expenses and obligations of the Authority,
22 specifying purposes and the objects or programs for which
23 appropriations are made and the amount appropriated for each
24 object or program. Additional appropriations, transfers
25 between items and other changes in such ordinance may be made
26 from time to time by the Board upon the affirmative votes of 12

 

 

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1 of its then Directors.
2     (b) The Annual Budget and Two-Year Financial Plan shall
3 show a balance between anticipated revenues from all sources
4 and anticipated expenses including funding of operating
5 deficits or the discharge of encumbrances incurred in prior
6 periods and payment of principal and interest when due, and
7 shall show cash balances sufficient to pay with reasonable
8 promptness all obligations and expenses as incurred.
9     The Annual Budget and Two-Year Financial Plan must show:
10          (i) that the level of fares and charges for mass
11     transportation provided by, or under grant or purchase of
12     service contracts of, the Service Boards is sufficient to
13     cause the aggregate of all projected fare revenues from
14     such fares and charges received in each fiscal year to
15     equal at least 50% of the aggregate costs of providing such
16     public transportation in such fiscal year. "Fare revenues"
17     include the proceeds of all fares and charges for services
18     provided, contributions received in connection with public
19     transportation from units of local government other than
20     the Authority, except for contributions received by the
21     Chicago Transit Authority from a real estate transfer tax
22     imposed under subsection (i) of Section 8-3-19 of the
23     Illinois Municipal Code, and from the State pursuant to
24     subsection (i) of Section 2705-305 of the Department of
25     Transportation Law (20 ILCS 2705/2705-305), and all other
26     operating revenues properly included consistent with

 

 

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1     generally accepted accounting principles but do not
2     include: the proceeds of any borrowings, and, beginning
3     with the 2007 fiscal year, all revenues and receipts,
4     including but not limited to fares and grants received from
5     the federal, State or any unit of local government or other
6     entity, derived from providing ADA paratransit service
7     pursuant to Section 2.30 of the Regional Transportation
8     Authority Act. "Costs" include all items properly included
9     as operating costs consistent with generally accepted
10     accounting principles, including administrative costs, but
11     do not include: depreciation; payment of principal and
12     interest on bonds, notes or other evidences of obligation
13     for borrowed money issued by the Authority; payments with
14     respect to public transportation facilities made pursuant
15     to subsection (b) of Section 2.20 of this Act; any payments
16     with respect to rate protection contracts, credit
17     enhancements or liquidity agreements made under Section
18     4.14; any other cost to which it is reasonably expected
19     that a cash expenditure will not be made; costs for
20     passenger security including grants, contracts, personnel,
21     equipment and administrative expenses, except in the case
22     of the Chicago Transit Authority, in which case the term
23     does not include costs spent annually by that entity for
24     protection against crime as required by Section 27a of the
25     Metropolitan Transit Authority Act; the payment by the
26     Chicago Transit Authority of Debt Service, as defined in

 

 

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1     Section 12c of the Metropolitan Transit Authority Act, on
2     bonds or notes issued pursuant to that Section; the payment
3     by the Commuter Rail Division of debt service on bonds
4     issued pursuant to Section 3B.09; expenses incurred by the
5     Suburban Bus Division for the cost of new public
6     transportation services funded from grants pursuant to
7     Section 2.01e of this amendatory Act of the 95th General
8     Assembly for a period of 2 years from the date of
9     initiation of each such service; costs as exempted by the
10     Board for projects pursuant to Section 2.09 of this Act;
11     or, beginning with the 2007 fiscal year, expenses related
12     to providing ADA paratransit service pursuant to Section
13     2.30 of the Regional Transportation Authority Act; and in
14     fiscal years 2008 through 2012 inclusive, costs in the
15     amount of $200,000,000 in fiscal year 2008, reducing by
16     $40,000,000 in each fiscal year thereafter until this
17     exemption is eliminated; and
18         (ii) that the level of fares charged for ADA
19     paratransit services is sufficient to cause the aggregate
20     of all projected revenues from such fares charged and
21     received in each fiscal year to equal at least 10% of the
22     aggregate costs of providing such ADA paratransit
23     services. in fiscal years 2007 and 2008 and at least 12% of
24     the aggregate costs of providing such ADA paratransit
25     services in fiscal years 2009 and thereafter; for For
26     purposes of this Act, the percentages in this subsection

 

 

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1     (b)(ii) shall be referred to as the "system generated ADA
2     paratransit services revenue recovery ratio". For purposes
3     of the system generated ADA paratransit services revenue
4     recovery ratio, "costs" shall include all items properly
5     included as operating costs consistent with generally
6     accepted accounting principles. However, the Board may
7     exclude from costs an amount that does not exceed the
8     allowable "capital costs of contracting" for ADA
9     paratransit services pursuant to the Federal Transit
10     Administration guidelines for the Urbanized Area Formula
11     Program.
12     (c) The actual administrative expenses of the Authority for
13 the fiscal year commencing January 1, 1985 may not exceed
14 $5,000,000. The actual administrative expenses of the
15 Authority for the fiscal year commencing January 1, 1986, and
16 for each fiscal year thereafter shall not exceed the maximum
17 administrative expenses for the previous fiscal year plus 5%.
18 "Administrative expenses" are defined for purposes of this
19 Section as all expenses except: (1) capital expenses and
20 purchases of the Authority on behalf of the Service Boards; (2)
21 payments to Service Boards; and (3) payment of principal and
22 interest on bonds, notes or other evidence of obligation for
23 borrowed money issued by the Authority; (4) costs for passenger
24 security including grants, contracts, personnel, equipment and
25 administrative expenses; (5) payments with respect to public
26 transportation facilities made pursuant to subsection (b) of

 

 

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1 Section 2.20 of this Act; and (6) any payments with respect to
2 rate protection contracts, credit enhancements or liquidity
3 agreements made pursuant to Section 4.14.
4     (d) This subsection applies only until the Department
5 begins administering and enforcing an increased tax under
6 Section 4.03(m) as authorized by this amendatory Act of the
7 95th General Assembly. After withholding 15% of the proceeds of
8 any tax imposed by the Authority and 15% of money received by
9 the Authority from the Regional Transportation Authority
10 Occupation and Use Tax Replacement Fund, the Board shall
11 allocate the proceeds and money remaining to the Service Boards
12 as follows: (1) an amount equal to 85% of the proceeds of those
13 taxes collected within the City of Chicago and 85% of the money
14 received by the Authority on account of transfers to the
15 Regional Transportation Authority Occupation and Use Tax
16 Replacement Fund from the County and Mass Transit District Fund
17 attributable to retail sales within the City of Chicago shall
18 be allocated to the Chicago Transit Authority; (2) an amount
19 equal to 85% of the proceeds of those taxes collected within
20 Cook County outside 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 Cook County outside of the
25 city of Chicago shall be allocated 30% to the Chicago Transit
26 Authority, 55% to the Commuter Rail Board and 15% to the

 

 

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1 Suburban Bus Board; and (3) an amount equal to 85% of the
2 proceeds of the taxes collected within the Counties of DuPage,
3 Kane, Lake, McHenry and Will shall be allocated 70% to the
4 Commuter Rail Board and 30% to the Suburban Bus Board.
5     (e) This subsection applies only until the Department
6 begins administering and enforcing an increased tax under
7 Section 4.03(m) as authorized by this amendatory Act of the
8 95th General Assembly. Moneys received by the Authority on
9 account of transfers to the Regional Transportation Authority
10 Occupation and Use Tax Replacement Fund from the State and
11 Local Sales Tax Reform Fund shall be allocated among the
12 Authority and the Service Boards as follows: 15% of such moneys
13 shall be retained by the Authority and the remaining 85% shall
14 be transferred to the Service Boards as soon as may be
15 practicable after the Authority receives payment. Moneys which
16 are distributable to the Service Boards pursuant to the
17 preceding sentence shall be allocated among the Service Boards
18 on the basis of each Service Board's distribution ratio. The
19 term "distribution ratio" means, for purposes of this
20 subsection (e) of this Section 4.01, the ratio of the total
21 amount distributed to a Service Board pursuant to subsection
22 (d) of Section 4.01 for the immediately preceding calendar year
23 to the total amount distributed to all of the Service Boards
24 pursuant to subsection (d) of Section 4.01 for the immediately
25 preceding calendar year.
26     (f) To carry out its duties and responsibilities under this

 

 

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1 Act, the Board shall employ staff which shall: (1) propose for
2 adoption by the Board of the Authority rules for the Service
3 Boards that establish (i) forms and schedules to be used and
4 information required to be provided with respect to a five-year
5 capital program, annual budgets, and two-year financial plans
6 and regular reporting of actual results against adopted budgets
7 and financial plans, (ii) financial practices to be followed in
8 the budgeting and expenditure of public funds, (iii)
9 assumptions and projections that must be followed in preparing
10 and submitting its annual budget and two-year financial plan or
11 a five-year capital program; (2) evaluate for the Board public
12 transportation programs operated or proposed by the Service
13 Boards and transportation agencies in terms of the goals and
14 objectives set out in the Strategic Plan; (3) keep the Board
15 and the public informed of the extent to which the Service
16 Boards and transportation agencies are meeting the goals and
17 objectives adopted by the Authority in the Strategic Plan; and
18 (4) assess the efficiency or adequacy of public transportation
19 services provided by a Service Board and make recommendations
20 for change in that service to the end that the moneys available
21 to the Authority may be expended in the most economical manner
22 possible with the least possible duplication.
23     (g) All Service Boards, transportation agencies,
24 comprehensive planning agencies, including the Chicago
25 Metropolitan Agency for Planning, or transportation planning
26 agencies in the metropolitan region shall furnish to the

 

 

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1 Authority such information pertaining to public transportation
2 or relevant for plans therefor as it may from time to time
3 require. The Executive Director, or his or her designee, shall,
4 for the purpose of securing any such information necessary or
5 appropriate to carry out any of the powers and responsibilities
6 of the Authority under this Act, have access to, and the right
7 to examine, all books, documents, papers or records of a
8 Service Board or any transportation agency receiving funds from
9 the Authority or Service Board, and such Service Board or
10 transportation agency shall comply with any request by the
11 Executive Director, or his or her designee, within 30 days or
12 an extended time provided by the Executive Director.
13     (h) No Service Board shall undertake any capital
14 improvement which is not identified in the Five-Year Capital
15 Program.
16 (Source: P.A. 94-370, eff. 7-29-05; 95-708, eff. 1-18-08.)
 
17     (70 ILCS 3615/4.09)  (from Ch. 111 2/3, par. 704.09)
18     Sec. 4.09. Public Transportation Fund and the Regional
19 Transportation Authority Occupation and Use Tax Replacement
20 Fund.
21     (a)(1) As soon as possible after the first day of each
22 month, beginning July 1, 1984, upon certification of the
23 Department of Revenue, the Comptroller shall order transferred
24 and the Treasurer shall transfer from the General Revenue Fund
25 to a special fund in the State Treasury to be known as the

 

 

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1 Public Transportation Fund an amount equal to 25% of the net
2 revenue, before the deduction of the serviceman and retailer
3 discounts pursuant to Section 9 of the Service Occupation Tax
4 Act and Section 3 of the Retailers' Occupation Tax Act,
5 realized from any tax imposed by the Authority pursuant to
6 Sections 4.03 and 4.03.1 and 25% of the amounts deposited into
7 the Regional Transportation Authority tax fund created by
8 Section 4.03 of this Act, from the County and Mass Transit
9 District Fund as provided in Section 6z-20 of the State Finance
10 Act and 25% of the amounts deposited into the Regional
11 Transportation Authority Occupation and Use Tax Replacement
12 Fund from the State and Local Sales Tax Reform Fund as provided
13 in Section 6z-17 of the State Finance Act. On the first day of
14 the month following the date that the Department receives
15 revenues from increased taxes under Section 4.03(m) as
16 authorized by this amendatory Act of the 95th General Assembly,
17 in lieu of the transfers authorized in the preceding sentence,
18 upon certification of the Department of Revenue, the
19 Comptroller shall order transferred and the Treasurer shall
20 transfer from the General Revenue Fund to the Public
21 Transportation Fund an amount equal to 25% of the net revenue,
22 before the deduction of the serviceman and retailer discounts
23 pursuant to Section 9 of the Service Occupation Tax Act and
24 Section 3 of the Retailers' Occupation Tax Act, realized from
25 (i) 80% of the proceeds of any tax imposed by the Authority at
26 a rate of 1.25% in Cook County, (ii) 75% of the proceeds of any

 

 

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1 tax imposed by the Authority at the rate of 1% in Cook County,
2 and (iii) one-third of the proceeds of any tax imposed by the
3 Authority at the rate of 0.75% in the Counties of DuPage, Kane,
4 Lake, McHenry, and Will, all pursuant to Section 4.03, and 25%
5 of the net revenue realized from any tax imposed by the
6 Authority pursuant to Section 4.03.1, and 25% of the amounts
7 deposited into the Regional Transportation Authority tax fund
8 created by Section 4.03 of this Act from the County and Mass
9 Transit District Fund as provided in Section 6z-20 of the State
10 Finance Act, and 25% of the amounts deposited into the Regional
11 Transportation Authority Occupation and Use Tax Replacement
12 Fund from the State and Local Sales Tax Reform Fund as provided
13 in Section 6z-17 of the State Finance Act. As used in this
14 Section, net revenue realized for a month shall be the revenue
15 collected by the State pursuant to Sections 4.03 and 4.03.1
16 during the previous month from within the metropolitan region,
17 less the amount paid out during that same month as refunds to
18 taxpayers for overpayment of liability in the metropolitan
19 region under Sections 4.03 and 4.03.1.
20     (2) On the first day of the month following the effective
21 date of this amendatory Act of the 95th General Assembly and
22 each month thereafter, upon certification by the Department of
23 Revenue, the Comptroller shall order transferred and the
24 Treasurer shall transfer from the General Revenue Fund to the
25 Public Transportation Fund an amount equal to 5% of the net
26 revenue, before the deduction of the serviceman and retailer

 

 

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

 

 

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1 realized from (i) 20% of the proceeds of any tax imposed by the
2 Authority at a rate of 1.25% in Cook County, (ii) 25% of the
3 proceeds of any tax imposed by the Authority at the rate of 1%
4 in Cook County, and (iii) one-third of the proceeds of any tax
5 imposed by the Authority at the rate of 0.75% in the Counties
6 of DuPage, Kane, Lake, McHenry, and Will, all pursuant to
7 Section 4.03, and the Comptroller shall order transferred and
8 the Treasurer shall transfer from the General Revenue Fund to
9 the Public Transportation Fund (iv) an amount equal to 25% of
10 the revenue realized by the Chicago Transit Authority as
11 financial assistance from the City of Chicago from the proceeds
12 of any tax imposed by the City of Chicago under Section 8-3-19
13 of the Illinois Municipal Code.
14     (b)(1) All moneys deposited in the Public Transportation
15 Fund and the Regional Transportation Authority Occupation and
16 Use Tax Replacement Fund, whether deposited pursuant to this
17 Section or otherwise, are allocated to the Authority. The
18 Comptroller, as soon as possible after each monthly transfer
19 provided in this Section and after each deposit into the Public
20 Transportation Fund, shall order the Treasurer to pay to the
21 Authority out of the Public Transportation Fund the amount so
22 transferred or deposited. Any Additional State Assistance and
23 Additional Financial Assistance paid to the Authority under
24 this Section shall be expended by the Authority for its
25 purposes as provided in this Act. The balance of the amounts
26 paid to the Authority from the Public Transportation Fund shall

 

 

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1 be expended by the Authority as provided in Section 4.03.3. The
2 Comptroller, as soon as possible after each deposit into the
3 Regional Transportation Authority Occupation and Use Tax
4 Replacement Fund provided in this Section and Section 6z-17 of
5 the State Finance Act, shall order the Treasurer to pay to the
6 Authority out of the Regional Transportation Authority
7 Occupation and Use Tax Replacement Fund the amount so
8 deposited. Such amounts paid to the Authority may be expended
9 by it for its purposes as provided in this Act. The provisions
10 directing the distributions from the Public Transportation
11 Fund and the Regional Transportation Authority Occupation and
12 Use Tax Replacement Fund provided for in this Section shall
13 constitute an irrevocable and continuing appropriation of all
14 amounts as provided herein. The State Treasurer and State
15 Comptroller are hereby authorized and directed to make
16 distributions as provided in this Section. (2) Provided,
17 however, no moneys deposited under subsection (a) of this
18 Section shall be paid from the Public Transportation Fund to
19 the Authority or its assignee for any fiscal year until the
20 Authority has certified to the Governor, the Comptroller, and
21 the Mayor of the City of Chicago that it has adopted for that
22 fiscal year an Annual Budget and Two-Year Financial Plan
23 meeting the requirements in Section 4.01(b).
24     (c) In recognition of the efforts of the Authority to
25 enhance the mass transportation facilities under its control,
26 the State shall provide financial assistance ("Additional

 

 

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1 State Assistance") in excess of the amounts transferred to the
2 Authority from the General Revenue Fund under subsection (a) of
3 this Section. Additional State Assistance shall be calculated
4 as 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        1990$5,000,000;
8        1991$5,000,000;
9        1992$10,000,000;
10        1993$10,000,000;
11        1994$20,000,000;
12        1995$30,000,000;
13        1996$40,000,000;
14        1997$50,000,000;
15        1998$55,000,000; and
16        each year thereafter$55,000,000.
17     (c-5) The State shall provide financial assistance
18 ("Additional Financial Assistance") in addition to the
19 Additional State Assistance provided by subsection (c) and the
20 amounts transferred to the Authority from the General Revenue
21 Fund under subsection (a) of this Section. Additional Financial
22 Assistance provided by this subsection shall be calculated as
23 provided in subsection (d), but shall in no event exceed the
24 following specified amounts with respect to the following State
25 fiscal years:
26        2000$0;

 

 

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1        2001$16,000,000;
2        2002$35,000,000;
3        2003$54,000,000;
4        2004$73,000,000;
5        2005$93,000,000; and
6        each year thereafter$100,000,000.
7     (d) Beginning with State fiscal year 1990 and continuing
8 for each State fiscal year thereafter, the Authority shall
9 annually certify to the State Comptroller and State Treasurer,
10 separately with respect to each of subdivisions (g)(2) and
11 (g)(3) of Section 4.04 of this Act, the following amounts:
12         (1) The amount necessary and required, during the State
13     fiscal year with respect to which the certification is
14     made, to pay its obligations for debt service on all
15     outstanding bonds or notes issued by the Authority under
16     subdivisions (g)(2) and (g)(3) of Section 4.04 of this Act.
17         (2) An estimate of the amount necessary and required to
18     pay its obligations for debt service for any bonds or notes
19     which the Authority anticipates it will issue under
20     subdivisions (g)(2) and (g)(3) of Section 4.04 during that
21     State fiscal year.
22         (3) Its debt service savings during the preceding State
23     fiscal year from refunding or advance refunding of bonds or
24     notes issued under subdivisions (g)(2) and (g)(3) of
25     Section 4.04.
26         (4) The amount of interest, if any, earned by the

 

 

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1     Authority during the previous State fiscal year on the
2     proceeds of bonds or notes issued pursuant to subdivisions
3     (g)(2) and (g)(3) of Section 4.04, other than refunding or
4     advance refunding bonds or notes.
5     The certification shall include a specific schedule of debt
6 service payments, including the date and amount of each payment
7 for all outstanding bonds or notes and an estimated schedule of
8 anticipated debt service for all bonds and notes it intends to
9 issue, if any, during that State fiscal year, including the
10 estimated date and estimated amount of each payment.
11     Immediately upon the issuance of bonds for which an
12 estimated schedule of debt service payments was prepared, the
13 Authority shall file an amended certification with respect to
14 item (2) above, to specify the actual schedule of debt service
15 payments, including the date and amount of each payment, for
16 the remainder of the State fiscal year.
17     On the first day of each month of the State fiscal year in
18 which there are bonds outstanding with respect to which the
19 certification is made, the State Comptroller shall order
20 transferred and the State Treasurer shall transfer from the
21 General Revenue Fund to the Public Transportation Fund the
22 Additional State Assistance and Additional Financial
23 Assistance in an amount equal to the aggregate of (i)
24 one-twelfth of the sum of the amounts certified under items (1)
25 and (3) above less the amount certified under item (4) above,
26 plus (ii) the amount required to pay debt service on bonds and

 

 

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1 notes issued during the fiscal year, if any, divided by the
2 number of months remaining in the fiscal year after the date of
3 issuance, or some smaller portion as may be necessary under
4 subsection (c) or (c-5) of this Section for the relevant State
5 fiscal year, plus (iii) any cumulative deficiencies in
6 transfers for prior months, until an amount equal to the sum of
7 the amounts certified under items (1) and (3) above, plus the
8 actual debt service certified under item (2) above, less the
9 amount certified under item (4) above, has been transferred;
10 except that these transfers are subject to the following
11 limits:
12         (A) In no event shall the total transfers in any State
13     fiscal year relating to outstanding bonds and notes issued
14     by the Authority under subdivision (g)(2) of Section 4.04
15     exceed the lesser of the annual maximum amount specified in
16     subsection (c) or the sum of the amounts certified under
17     items (1) and (3) above, plus the actual debt service
18     certified under item (2) above, less the amount certified
19     under item (4) above, with respect to those bonds and
20     notes.
21         (B) In no event shall the total transfers in any State
22     fiscal year relating to outstanding bonds and notes issued
23     by the Authority under subdivision (g)(3) of Section 4.04
24     exceed the lesser of the annual maximum amount specified in
25     subsection (c-5) or the sum of the amounts certified under
26     items (1) and (3) above, plus the actual debt service

 

 

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1     certified under item (2) above, less the amount certified
2     under item (4) above, with respect to those bonds and
3     notes.
4     The term "outstanding" does not include bonds or notes for
5 which refunding or advance refunding bonds or notes have been
6 issued.
7     (e) Neither Additional State Assistance nor Additional
8 Financial Assistance may be pledged, either directly or
9 indirectly as general revenues of the Authority, as security
10 for any bonds issued by the Authority. The Authority may not
11 assign its right to receive Additional State Assistance or
12 Additional Financial Assistance, or direct payment of
13 Additional State Assistance or Additional Financial
14 Assistance, to a trustee or any other entity for the payment of
15 debt service on its bonds.
16     (f) The certification required under subsection (d) with
17 respect to outstanding bonds and notes of the Authority shall
18 be filed as early as practicable before the beginning of the
19 State fiscal year to which it relates. The certification shall
20 be revised as may be necessary to accurately state the debt
21 service requirements of the Authority.
22     (g) Within 6 months of the end of each fiscal year, the
23 Authority shall determine:
24         (i) whether the aggregate of all system generated
25     revenues for public transportation in the metropolitan
26     region which is provided by, or under grant or purchase of

 

 

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1     service contracts with, the Service Boards equals 50% of
2     the aggregate of all costs of providing such public
3     transportation. "System generated revenues" include all
4     the proceeds of fares and charges for services provided,
5     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     revenues properly included consistent with generally
14     accepted accounting principles but may not include: the
15     proceeds from any borrowing, and, beginning with the 2007
16     fiscal year, all revenues and receipts, including but not
17     limited to fares and grants received from the federal,
18     State or any unit of local government or other entity,
19     derived from providing ADA paratransit service pursuant to
20     Section 2.30 of the Regional Transportation Authority Act.
21     "Costs" include all items properly included as operating
22     costs consistent with generally accepted accounting
23     principles, including administrative costs, but do not
24     include: depreciation; payment of principal and interest
25     on bonds, notes or other evidences of obligations for
26     borrowed money of the Authority; payments with respect to

 

 

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1     public transportation facilities made pursuant to
2     subsection (b) of Section 2.20; any payments with respect
3     to rate protection contracts, credit enhancements or
4     liquidity agreements made under Section 4.14; any other
5     cost as to which it is reasonably expected that a cash
6     expenditure will not be made; costs for passenger security
7     including grants, contracts, personnel, equipment and
8     administrative expenses, except in the case of the Chicago
9     Transit Authority, in which case the term does not include
10     costs spent annually by that entity for protection against
11     crime as required by Section 27a of the Metropolitan
12     Transit Authority Act; the costs of Debt Service paid by
13     the Chicago Transit Authority, as defined in Section 12c of
14     the 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

 

 

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1     fiscal years 2008 through 2012 inclusive, costs in the
2     amount of $200,000,000 in fiscal year 2008, reducing by
3     $40,000,000 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).

 

 

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1 (Source: P.A. 94-370, eff. 7-29-05; 95-708, eff. 1-18-08.)
 
2     (70 ILCS 3615/5.01)  (from Ch. 111 2/3, par. 705.01)
3     Sec. 5.01. Hearings and Citizen Participation.
4     (a) The Authority shall provide for and encourage
5 participation by the public in the development and review of
6 public transportation policy, and in the process by which major
7 decisions significantly affecting the provision of public
8 transportation are made. The Authority shall coordinate such
9 public participation processes with the Chicago Metropolitan
10 Agency for Planning to the extent practicable.
11     (b) The Authority shall hold such public hearings as may be
12 required by this Act or as the Authority may deem appropriate
13 to the performance of any of its functions. The Authority shall
14 coordinate such public hearings with the Chicago Metropolitan
15 Agency for Planning to the extent practicable.
16     (c) Unless such items are specifically provided for either
17 in the Five-Year Capital Program or in the annual budget
18 program which has been the subject of public hearings as
19 provided in Sections 2.01 or 4.01 of this Act, the Board shall
20 hold public hearings at which citizens may be heard prior to:
21         (i) the construction or acquisition of any public
22     transportation facility, the aggregate cost of which
23     exceeds $5 million; and
24         (ii) the extension of, or major addition to services
25     provided by the Authority or by any transportation agency

 

 

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1     pursuant to a purchase of service agreement with the
2     Authority.
3     (d) Unless such items are specifically provided for in the
4 annual budget and program which has been the subject of public
5 hearing, as provided in Section 4.01 of this Act, the Board
6 shall hold public hearings at which citizens may be heard prior
7 to the providing for or allowing, by means of any purchase of
8 service agreement or any grant pursuant to Section 2.02 of this
9 Act, any general increase or series of increases in fares or
10 charges for public transportation, whether by the Authority or
11 by any transportation agency, which increase or series of
12 increases within any twelve months affects more than 25% of the
13 consumers of service of the Authority or of the transportation
14 agency; or so providing for or allowing any discontinuance of
15 any public transportation route, or major portion thereof,
16 which has been in service for more than a year.
17     (e) At least twenty days prior notice of any public
18 hearing, as required in this Section, shall be given by public
19 advertisement in a newspaper of general circulation in the
20 metropolitan region.
21     (e-5) With respect to any increase in fares or charges for
22 public transportation, whether by the Authority or by any
23 Service Board or transportation agency, a public hearing must
24 be held in each county in which the fare increase takes effect.
25 Notice of the public hearing shall be given at least 20 days
26 prior to the hearing and at least 30 days prior to the

 

 

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1 effective date of any fare increase. Notice shall be given by
2 public advertisement in a newspaper of general circulation in
3 the metropolitan region and must also be sent to the Governor
4 and to each member of the General Assembly whose district
5 overlaps in whole or in part with the area in which the
6 increase takes effect. The notice must state the date, time,
7 and place of the hearing and must contain a description of the
8 proposed increase. The notice must also specify how interested
9 persons may obtain copies of any reports, resolutions, or
10 certificates describing the basis upon which the increase was
11 calculated.
12     (f) The Authority may designate one or more Directors or
13 may appoint one or more hearing officers to preside over any
14 hearing pursuant to this Act. The Authority shall have the
15 power in connection with any such hearing to issue subpoenas to
16 require the attendance of witnesses and the production of
17 documents, and the Authority may apply to any circuit court in
18 the State to require compliance with such subpoenas.
19     (g) The Authority may require any Service Board to hold one
20 or more public hearings with respect to any item described in
21 paragraphs (c), and (d), and (e-5) of this Section 5.01,
22 notwithstanding whether such item has been the subject of a
23 public hearing under this Section 5.01 or Section 2.01 or 4.01
24 of this Act.
25 (Source: P.A. 95-708, eff. 1-18-08.)
 
26     Section 99. Effective date. This Act takes effect upon

 

 

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1 becoming law.