Full Text of HB2453 98th General Assembly
HB2453 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB2453 Introduced , by Rep. Al Riley SYNOPSIS AS INTRODUCED: |
| 70 ILCS 3615/3B.10 | from Ch. 111 2/3, par. 703B.10 | 70 ILCS 3615/5.01 | from Ch. 111 2/3, par. 705.01 |
|
Amends the Regional Transportation Authority Act. Requires both the Mass Transit Committee in the House of Representatives and the Transportation Committee in the Senate to hold a public hearing regarding any increase in the revenue recovery ratio or any increase in fares or charges for public transportation. Provides notification requirements for both. Effective immediately.
|
| |
| | A BILL FOR |
|
| | | HB2453 | | LRB098 10097 OMW 40256 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 5. The Regional Transportation Authority Act is | 5 | | amended by changing Sections 3B.10 and 5.01 as follows:
| 6 | | (70 ILCS 3615/3B.10) (from Ch. 111 2/3, par. 703B.10)
| 7 | | Sec. 3B.10. Budget and Program. The Commuter Rail Board, | 8 | | subject to
the powers of the Authority in Section 4.11, shall | 9 | | control the finances
of the Division. It shall by ordinance | 10 | | appropriate money to perform the
Division's purposes and | 11 | | provide for payment of debts and expenses of the
Division. Each | 12 | | year the Commuter Rail Board shall prepare and publish a
| 13 | | comprehensive annual budget and proposed five-year capital
| 14 | | program document, and a financial plan for
the two years | 15 | | thereafter describing the state of the Division and presenting
| 16 | | for the forthcoming fiscal year and the two following years the | 17 | | Commuter
Rail Board's plans for such operations and capital | 18 | | expenditures as the Commuter
Rail Board intends to undertake | 19 | | and the means by which it intends to finance
them. The proposed | 20 | | budget,
financial plan, and five-year capital program shall be | 21 | | based on the Authority's
estimate of funds to be made available | 22 | | to the Commuter Rail Board by or through
the Authority and | 23 | | shall conform in all respects to the requirements established
|
| | | HB2453 | - 2 - | LRB098 10097 OMW 40256 b |
|
| 1 | | by the Authority. The proposed budget, financial plan, and | 2 | | five-year capital program shall contain a statement
of the | 3 | | funds estimated to be on hand at the beginning of the fiscal | 4 | | year,
the funds estimated to be received from all sources for | 5 | | such year and the
funds estimated to be on hand at the end of | 6 | | such year.
The fiscal year of the Division shall be the same as | 7 | | the fiscal
year of the Authority. | 8 | | Before the proposed budget,
financial
plan, and five-year | 9 | | capital program are submitted to the Authority, the Commuter | 10 | | Rail Board shall hold
at least one public hearing thereon in | 11 | | each of the counties in the metropolitan
region in which the | 12 | | Division provides service. The Commuter Rail Board
shall hold | 13 | | at least one meeting for consideration of the proposed budget, | 14 | | financial plan, and five-year capital plan with the county | 15 | | board of each of the several counties in the
metropolitan | 16 | | region in which the Division provides service. In addition, | 17 | | both the Mass Transit Committee in the House of Representatives | 18 | | and the Transportation Committee in the Senate shall hold a | 19 | | public hearing regarding any increase in the revenue recovery | 20 | | ratio. Notice of the public hearing shall be given at least 20 | 21 | | days prior to the hearings. Notice shall be given by public | 22 | | advertisement in a newspaper of
general circulation in the | 23 | | metropolitan region, shall state the date, time, and place of | 24 | | the hearings, and shall contain a description of the proposed | 25 | | increase. The notice shall also specify how interested persons | 26 | | may obtain copies of any reports, resolutions, or certificates |
| | | HB2453 | - 3 - | LRB098 10097 OMW 40256 b |
|
| 1 | | describing the basis upon which the increase was calculated. | 2 | | After conducting
such hearings and holding such meetings | 3 | | and after making such changes in
the proposed budget, financial | 4 | | plan, and five-year capital plan
as the Commuter Rail Board | 5 | | deems appropriate,
the board shall adopt its annual budget | 6 | | ordinance at least by November 15 next
preceding
the beginning | 7 | | of each fiscal year. The budget,
financial
plan, and five-year | 8 | | capital program
shall then be submitted to the Authority as | 9 | | provided in Section 4.11.
In the event that the Board of the | 10 | | Authority determines that the budget
and program, and financial | 11 | | plan do not meet the standards of Section 4.11,
the Commuter | 12 | | Rail Board shall make such changes as are necessary to meet
| 13 | | such requirements and adopt an amended budget ordinance. The | 14 | | amended budget
ordinance shall be resubmitted to the Authority | 15 | | pursuant to Section 4.11. The ordinance
shall appropriate such | 16 | | sums of money as are deemed necessary to defray all
necessary | 17 | | expenses and obligations of the Division, specifying purposes
| 18 | | and the objects or programs for which appropriations are made | 19 | | and the amount
appropriated for each object or program. | 20 | | Additional appropriations, transfers
between items and other | 21 | | changes in such ordinance which do not alter the
basis upon | 22 | | which the balanced budget determination was made by the Board
| 23 | | of the Authority may be made from time to time by the Commuter | 24 | | Rail Board.
| 25 | | The budget shall:
| 26 | | (i) show a balance between (A) anticipated revenues |
| | | HB2453 | - 4 - | LRB098 10097 OMW 40256 b |
|
| 1 | | from all sources including
operating subsidies and (B) the | 2 | | costs of providing the services specified
and of funding | 3 | | any operating deficits or encumbrances incurred in prior
| 4 | | periods, including provision for payment when due of | 5 | | principal and interest
on outstanding indebtedness;
| 6 | | (ii) show cash balances including the proceeds of any | 7 | | anticipated cash
flow borrowing sufficient to pay with | 8 | | reasonable promptness all costs
and expenses as incurred;
| 9 | | (iii) provide for a level of fares or charges for the | 10 | | public transportation
provided by or subject to the | 11 | | jurisdiction of such Commuter Rail Board sufficient
to | 12 | | allow the Commuter Rail Board to meet its required system | 13 | | generated
revenue recovery ratio;
| 14 | | (iv) be based upon and employ assumptions and | 15 | | projections which the Board
of the Authority finds to be | 16 | | reasonable and prudent;
| 17 | | (v) have been prepared in accordance with sound | 18 | | financial practices as
determined by the Board of the | 19 | | Authority;
| 20 | | (vi) meet such other uniform financial, budgetary, or | 21 | | fiscal requirements
that the Board of the Authority may by | 22 | | rule or regulation establish; and
| 23 | | (vii) be consistent with the goals and objectives | 24 | | adopted by the Regional Transportation Authority in the | 25 | | Strategic Plan.
| 26 | | (Source: P.A. 95-708, eff. 1-18-08.)
|
| | | HB2453 | - 5 - | LRB098 10097 OMW 40256 b |
|
| 1 | | (70 ILCS 3615/5.01) (from Ch. 111 2/3, par. 705.01)
| 2 | | Sec. 5.01. Hearings and Citizen Participation.
| 3 | | (a) The Authority shall provide for and encourage | 4 | | participation by the
public in the development and review of | 5 | | public transportation policy, and
in the process by which major | 6 | | decisions significantly affecting the
provision of public | 7 | | transportation are made. The Authority shall coordinate such | 8 | | public participation processes with the Chicago Metropolitan | 9 | | Agency for Planning to the extent practicable.
| 10 | | (b) The Authority shall hold such public hearings as may be | 11 | | required by
this Act or as the Authority may deem appropriate | 12 | | to the performance of any
of its functions. The Authority shall | 13 | | coordinate such public hearings with the Chicago Metropolitan | 14 | | Agency for Planning to the extent practicable.
| 15 | | (c) Unless such items are specifically provided for either | 16 | | in the
Five-Year Capital Program or in the annual budget | 17 | | program which has been the
subject of public hearings as | 18 | | provided in Sections 2.01 or 4.01 of this
Act, the Board shall | 19 | | hold public hearings at which citizens may be heard
prior to:
| 20 | | (i) the construction or acquisition of any public | 21 | | transportation
facility, the aggregate cost of which | 22 | | exceeds $5 million; and
| 23 | | (ii) the extension of, or major addition to services | 24 | | provided by the
Authority or by any transportation agency | 25 | | pursuant to a purchase of service
agreement with the |
| | | HB2453 | - 6 - | LRB098 10097 OMW 40256 b |
|
| 1 | | Authority.
| 2 | | (d) Unless such items are specifically provided for in the | 3 | | annual budget
and program which has been the subject of public | 4 | | hearing, as provided in
Section 4.01 of this Act, the Board | 5 | | shall hold public hearings at which
citizens may be heard prior | 6 | | to the providing for or allowing, by means of
any purchase of | 7 | | service agreement or any grant pursuant to Section 2.02 of
this | 8 | | Act, or so providing for or allowing
any discontinuance of any | 9 | | public transportation route, or major portion
thereof, which | 10 | | has been in service for more than a year.
| 11 | | (e) At least twenty days prior notice of any public | 12 | | hearing, as required
in this Section, shall be given by public | 13 | | advertisement in a newspaper of
general circulation in the | 14 | | metropolitan region.
| 15 | | (e-5) With respect to any increase in fares or charges
for | 16 | | public transportation, whether by the Authority or by any
| 17 | | Service Board or transportation agency, a public hearing must | 18 | | be held in each county in which the fare increase takes effect. | 19 | | Notice of the public hearing shall be given at least 20 days | 20 | | prior to the hearing and at least 30 days prior to the | 21 | | effective date of any fare increase. Notice shall be given by | 22 | | public advertisement in a newspaper of
general circulation in | 23 | | the metropolitan region and must also be sent to the Governor | 24 | | and to each member of the General Assembly whose district | 25 | | overlaps in whole or in part with the area in which the | 26 | | increase takes effect. The notice must state the date, time, |
| | | HB2453 | - 7 - | LRB098 10097 OMW 40256 b |
|
| 1 | | and place of the hearing and must contain a description of the | 2 | | proposed increase. The notice must also specify how interested | 3 | | persons may obtain copies of any reports, resolutions, or | 4 | | certificates describing the basis upon which the increase was | 5 | | calculated. | 6 | | In addition, both the Mass Transit Committee in the House | 7 | | of Representatives and the Transportation Committee in the | 8 | | Senate shall hold a public hearing regarding any increase in | 9 | | fares or charges for public transportation. Notice of the | 10 | | public hearing shall be given at least 20 days prior to the | 11 | | hearings and at least 30 days prior to the effective date of | 12 | | any fare increase. Notice shall be given by public | 13 | | advertisement in a newspaper of
general circulation in the | 14 | | metropolitan region and shall also be sent to the Governor and | 15 | | to each member of the General Assembly whose district overlaps | 16 | | in whole or in part with the area in which the increase takes | 17 | | effect. The notice shall state the date, time, and place of the | 18 | | hearings and shall contain a description of the proposed | 19 | | increase. The notice shall also specify how interested persons | 20 | | may obtain copies of any reports, resolutions, or certificates | 21 | | describing the basis upon which the increase was calculated. | 22 | | (f) The Authority may designate one or more Directors or | 23 | | may appoint one
or more hearing officers to preside over any | 24 | | hearing pursuant to this Act.
The Authority shall have the | 25 | | power in connection with any such hearing to
issue subpoenas to | 26 | | require the attendance of witnesses and the production
of |
| | | HB2453 | - 8 - | LRB098 10097 OMW 40256 b |
|
| 1 | | documents, and the Authority may apply to any circuit court in | 2 | | the State
to require compliance with such subpoenas.
| 3 | | (g) The Authority may require any Service Board to hold one | 4 | | or more public hearings with respect to any item described in | 5 | | paragraphs (c), (d), and (e-5) of this Section 5.01, | 6 | | notwithstanding whether such item has been the subject of a | 7 | | public hearing under this Section 5.01 or Section 2.01 or 4.01 | 8 | | of this Act.
| 9 | | (Source: P.A. 95-708, eff. 1-18-08; 95-906, eff. 8-26-08.)
| 10 | | Section 99. Effective date. This Act takes effect upon | 11 | | becoming law.
|
|