Full Text of HB4613 93rd General Assembly
HB4613 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 HB4613
Introduced 02/04/04, by Karen May SYNOPSIS AS INTRODUCED: |
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70 ILCS 3615/4.11 |
from Ch. 111 2/3, par. 704.11 |
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Amends the Regional Transportation Authority Act. Provides that, for the fiscal years beginning in 2004 and thereafter, all expenses incurred by a Service Board related to complimentary paratransit service to ADA paratransit-eligible individuals shall be exempted from the farebox recovery ratio or the system-generated revenues recovery ratio of the Service Board and the system-generated revenues recovery ratio of the Authority.
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A BILL FOR
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HB4613 |
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LRB093 20878 RCE 46828 b |
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| AN ACT concerning public transportation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Regional Transportation Authority Act is | 5 |
| amended by changing Section 4.11 as follows:
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| (70 ILCS 3615/4.11) (from Ch. 111 2/3, par. 704.11)
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| Sec. 4.11. Budget Review Powers.
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| (a) The provisions of this Section
shall only be applicable | 9 |
| to financial periods beginning after December 31,
1983. The | 10 |
| Transition Board shall adopt a timetable governing the | 11 |
| certification
of estimates and any submissions required under | 12 |
| this Section for fiscal
year 1984 which shall control over the | 13 |
| provisions of this Act. Based
upon estimates which shall be | 14 |
| given to the Authority by the Director of
the Illinois
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| Governor's Office of Management and Budget (formerly
Bureau of | 16 |
| the Budget ) of the receipts to be received by the
Authority | 17 |
| from the taxes imposed
by the Authority and the authorized | 18 |
| estimates of amounts
to be available from State and other | 19 |
| sources to the Service Boards, and
the times at which such | 20 |
| receipts and amounts will be available, the Board
shall, not | 21 |
| later than the next preceding September 15th prior to the | 22 |
| beginning
of the Authority's next fiscal year,
advise each | 23 |
| Service Board of the amounts estimated by the Board to be | 24 |
| available
for such Service Board during such fiscal year and | 25 |
| the two following fiscal
years and the times at which such | 26 |
| amounts will be available. The Board
shall, at the same time, | 27 |
| also advise each Service Board of its required
system generated | 28 |
| revenues recovery ratio for the next fiscal year which
shall be | 29 |
| the percentage of the aggregate costs of providing public
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| transportation by or under jurisdiction of that Service Board | 31 |
| which must be
recovered from system generated revenues. In | 32 |
| determining
a Service Board's system generated revenue |
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LRB093 20878 RCE 46828 b |
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| recovery ratio, the Board shall
consider the historical system | 2 |
| generated revenues recovery ratio for the
services subject to | 3 |
| the jurisdiction of that
Service Board. The Board shall not | 4 |
| increase a Service Board's system generated
revenues recovery | 5 |
| ratio for the next fiscal year over such ratio for the
current | 6 |
| fiscal year disproportionately or prejudicially to increases | 7 |
| in
such ratios for other Service Boards. The Board may, by | 8 |
| ordinance,
provide that (i) the cost of research and | 9 |
| development projects in the
fiscal year beginning January 1, | 10 |
| 1986 and ending December 31, 1986
conducted pursuant to Section | 11 |
| 2.09 of this Act, and (ii) up to $5,000,000
annually of the | 12 |
| costs for passenger security, may be exempted from the
farebox | 13 |
| recovery ratio or the system generated revenues recovery ratio | 14 |
| of
the Chicago Transit Authority, the Suburban Bus Board, and | 15 |
| the Commuter
Rail Board, or any of them. For the fiscal year | 16 |
| beginning January 1, 1986
and ending December 31, 1986, and for | 17 |
| the fiscal year beginning January
1, 1987 and ending December | 18 |
| 31, 1987, the Board shall, by ordinance, provide
that:
(1) the | 19 |
| amount of a grant, pursuant to Section 2705-310 of the
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| Department of Transportation Law (20 ILCS 2705/2705-310), from | 21 |
| the Department of Transportation for
the cost of services for | 22 |
| the mobility limited provided by the Chicago
Transit Authority, | 23 |
| and (2) the amount of a grant, pursuant to Section
2705-310 of | 24 |
| the Department of Transportation Law (20 ILCS
2705/2705-310), | 25 |
| from the Department
of
Transportation for the cost of services | 26 |
| for the mobility limited by the
Suburban Bus Board or the | 27 |
| Commuter Rail Board, be exempt from the farebox
recovery ratio | 28 |
| or the system generated revenues recovery ratio. For the fiscal | 29 |
| years beginning in 2004 and thereafter, all expenses incurred | 30 |
| by a Service Board related to the complimentary paratransit | 31 |
| service, as required by 49 CFR 37.121 through 49 CFR 37.133, to | 32 |
| ADA paratransit-eligible individuals shall be exempted from | 33 |
| the farebox recovery or the system-generated revenues recovery | 34 |
| ratio of the Service Board and the system-generated revenues | 35 |
| recovery ratio of the Authority.
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| (b)(1) Not later than the next preceding November 15 prior |
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| to the
commencement of such fiscal year, each Service Board | 2 |
| shall submit to the
Authority its proposed budget for such | 3 |
| fiscal year and its proposed
financial plan for the two | 4 |
| following fiscal years. Such budget and
financial plan shall | 5 |
| not project or assume a receipt of revenues from the
Authority | 6 |
| in amounts greater than those set forth in the estimates | 7 |
| provided
by the Authority pursuant to subsection (a) of this | 8 |
| Section.
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| (2) The Board shall review the proposed budget and | 10 |
| financial plan submitted
by each Service Board, and shall adopt | 11 |
| a consolidated budget and financial
plan. The Board shall | 12 |
| approve the budget and plan if:
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| (i) the Board has approved the proposed budget and cash | 14 |
| flow plan for
such fiscal year of each Service Board, | 15 |
| pursuant to the conditions set forth
in clauses (ii) | 16 |
| through (vii) of this paragraph;
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| (ii) such budget and plan show a balance between (A) | 18 |
| anticipated revenues
from all sources including operating | 19 |
| subsidies and (B) the costs of providing
the services | 20 |
| specified and of funding any operating deficits or | 21 |
| encumbrances
incurred in prior periods, including | 22 |
| provision for payment when due of
principal and interest on | 23 |
| outstanding indebtedness;
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| (iii) such budget and plan show cash balances including | 25 |
| the proceeds of
any anticipated cash flow borrowing | 26 |
| sufficient to pay with reasonable
promptness all costs and | 27 |
| expenses as incurred;
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| (iv) such budget and plan provide for a level of fares | 29 |
| or charges and
operating or administrative costs for the | 30 |
| public transportation provided
by or subject to the | 31 |
| jurisdiction of such Service Board sufficient to allow
the | 32 |
| Service Board to meet its required system generated revenue | 33 |
| recovery ratio;
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| (v) such budget and plan are based upon and employ | 35 |
| assumptions and
projections which are reasonable and | 36 |
| prudent;
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| (vi) such budget and plan have been prepared in | 2 |
| accordance with sound
financial practices as determined by | 3 |
| the Board; and
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| (vii) such budget and plan meet such other financial, | 5 |
| budgetary, or fiscal
requirements that the Board may by | 6 |
| rule or regulation establish.
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| (3) In determining whether the budget and financial plan | 8 |
| provide a level
of fares or charges sufficient to allow a | 9 |
| Service Board to meet its required
system generated revenue | 10 |
| recovery ratio under clause (iv) in subparagraph (2),
the Board | 11 |
| shall allow a Service Board to carry over cash from farebox
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| revenues to subsequent fiscal years.
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| (4) Unless the Board by an affirmative vote of 9 of the | 14 |
| then Directors
determines that the budget and financial plan of | 15 |
| a Service Board meets the
criteria specified in clauses (ii) | 16 |
| through (vii) of subparagraph (2) of
this paragraph (b), the | 17 |
| Board shall not release to that Service Board any
funds for the | 18 |
| periods covered by such budget and financial plan except for
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| the proceeds of taxes imposed by the Authority under Section | 20 |
| 4.03 which
are allocated to the Service Board under Section | 21 |
| 4.01.
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| (5) If the Board has not found that the budget and | 23 |
| financial plan of a
Service Board meets the criteria specified | 24 |
| in clauses (i) through (vii)
of subparagraph (2) of this | 25 |
| paragraph (b), the Board shall, five working
days after the | 26 |
| start of the Service Board's fiscal year adopt a budget and
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| financial plan meeting such criteria for that Service Board.
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| (c)(1) If the Board shall at any time have received a
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| revised estimate, or revises any estimate the Board has made, | 30 |
| pursuant to
this Section of the receipts to be collected by the | 31 |
| Authority which, in
the judgment of the Board, requires a | 32 |
| change in the estimates on which the
budget of any Service | 33 |
| Board is based, the Board shall advise the affected
Service | 34 |
| Board of such revised estimates, and such Service Board shall | 35 |
| within
30 days after receipt of such advice submit a revised | 36 |
| budget incorporating
such revised estimates. If the revised |
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| estimates require, in the judgment
of the Board, that the | 2 |
| system generated revenues recovery ratio of one or
more Service | 3 |
| Boards be revised in order to allow the Authority to meet its
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| required ratio, the Board shall advise any such Service Board | 5 |
| of its revised
ratio and such Service Board shall within 30 | 6 |
| days after receipt of such
advice submit a revised budget | 7 |
| incorporating such revised estimates or ratio.
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| (2) Each Service Board shall, within such period after the | 9 |
| end of each
fiscal quarter as shall be specified by the Board, | 10 |
| report to the Authority
its financial condition and results of | 11 |
| operations and the financial condition
and results of | 12 |
| operations of the public transportation services subject
to its | 13 |
| jurisdiction, as at the end of and for such quarter. If in the | 14 |
| judgment
of the Board such condition and results are not | 15 |
| substantially in accordance
with such Service Board's budget | 16 |
| for such period, the Board shall so advise
such Service Board | 17 |
| and such Service Board shall within the period specified
by the | 18 |
| Board submit a revised budget incorporating such results.
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| (3) If the Board shall determine that a revised budget | 20 |
| submitted by a
Service Board pursuant to subparagraph (1) or | 21 |
| (2) of this paragraph (c)
does not meet the criteria specified | 22 |
| in clauses (ii) through (vii) of
subparagraph
(2) of paragraph | 23 |
| (b) of this Section, the Board shall not release any monies
to | 24 |
| that Service Board except the proceeds of taxes imposed by the | 25 |
| Authority
under Section 4.03 or 4.03.1 which are allocated to | 26 |
| the Service Board under
Section 4.01. If the Service Board | 27 |
| submits a revised financial plan and
budget which plan and | 28 |
| budget shows that the criteria will be met within
a four | 29 |
| quarter period, the Board shall continue to release funds to | 30 |
| the
Service Board. The Board by a 9 vote of its then Directors | 31 |
| may
require a Service Board to submit a revised financial plan | 32 |
| and budget which
shows that the criteria will be met in a time | 33 |
| period less than four quarters.
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| (d) All budgets and financial plans, financial statements, | 35 |
| audits and
other information presented to the Authority | 36 |
| pursuant to this Section or
which may be required by the Board |
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LRB093 20878 RCE 46828 b |
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| to permit it to monitor compliance with
the provisions of this | 2 |
| Section shall be prepared and presented in such
manner and | 3 |
| frequency and in such detail as shall have been prescribed by
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| the Board, shall be prepared on both an accrual and cash flow | 5 |
| basis as
specified by the Board, and shall identify and | 6 |
| describe the assumptions and
projections employed in the | 7 |
| preparation
thereof to the extent required by the Board. Except | 8 |
| when the Board adopts
a budget and a financial plan for a | 9 |
| Service Board under paragraph (b)(5),
a Service Board shall | 10 |
| provide for such levels of transportation services
and fares or | 11 |
| charges therefor as it deems appropriate and necessary in the
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| preparation of a budget and financial plan meeting the criteria | 13 |
| set forth
in clauses (ii) through (vii) of subparagraph (2) of | 14 |
| paragraph (b) of this
Section. The Board shall have access to | 15 |
| and the right to examine and copy
all books, documents, papers, | 16 |
| records, or other source data of a Service
Board relevant to | 17 |
| any information submitted pursuant to this Section.
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| (e) Whenever this Section requires the Board to make | 19 |
| determinations with
respect to estimates, budgets or financial | 20 |
| plans, or rules or regulations
with respect thereto such | 21 |
| determinations shall be made upon the affirmative
vote of at | 22 |
| least 9 of the then Directors and shall be incorporated in a
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| written report of the Board and such report shall be submitted | 24 |
| within 10
days after such determinations are made to
the | 25 |
| Governor, the Mayor of Chicago (if such determinations relate | 26 |
| to the
Chicago Transit Authority), and the Auditor General of | 27 |
| Illinois.
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| (Source: P.A. 91-239, eff. 1-1-00; revised 8-23-03.)
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