Sen. Dan Kotowski

Filed: 5/1/2012

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 4036

2    AMENDMENT NO. ______. Amend House Bill 4036 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Regional Transportation Authority Act is
5amended by changing Sections 2.01a, 2.01b, 3A.09, 4.02, and
64.11 as follows:
 
7    (70 ILCS 3615/2.01a)
8    Sec. 2.01a. Strategic Plan.
9    (a) By the affirmative vote of at least 12 of its then
10Directors, the Authority shall adopt a Strategic Plan, no less
11than every 5 years, after consultation with the Service Boards
12and after holding a minimum of 3 public hearings in Cook County
13and one public hearing in each of the other counties in the
14region. The Executive Director of the Authority shall review
15the Strategic Plan on an ongoing basis and make recommendations
16to the Board of the Authority with respect to any update or

 

 

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1amendment of the Strategic Plan. The Strategic Plan shall
2describe the specific actions to be taken by the Authority and
3the Service Boards to provide adequate, efficient, and
4coordinated public transportation.
5    (b) The Strategic Plan shall identify goals and objectives
6with respect to:
7        (i) increasing ridership and passenger miles on public
8    transportation funded by the Authority;
9        (ii) coordination of public transportation services
10    and the investment in public transportation facilities to
11    enhance the integration of public transportation
12    throughout the metropolitan region;
13        (iii) coordination of fare and transfer policies to
14    promote transfers by riders among Service Boards,
15    transportation agencies, and public transportation modes,
16    which may include goals and objectives for development of a
17    universal fare instrument that riders may use
18    interchangeably on all public transportation funded by the
19    Authority, and methods to be used to allocate revenues from
20    transfers;
21        (iv) improvements in public transportation facilities
22    to bring those facilities into a state of good repair,
23    enhancements that attract ridership and improve customer
24    service, and expansions needed to serve areas with
25    sufficient demand for public transportation;
26        (v) access for transit-dependent populations,

 

 

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1    including access by low-income communities to places of
2    employment, utilizing analyses provided by the Chicago
3    Metropolitan Agency for Planning regarding employment and
4    transportation availability, and giving consideration to
5    the location of employment centers in each county and the
6    availability of public transportation at off-peak hours
7    and on weekends;
8        (vi) the financial viability of the public
9    transportation system, including both operating and
10    capital programs;
11        (vii) limiting road congestion within the metropolitan
12    region and enhancing transit options to improve mobility;
13    and
14        (viii) such other goals and objectives that advance the
15    policy of the State to provide adequate, efficient, and
16    coordinated public transportation in the metropolitan
17    region.
18    (c) The Strategic Plan shall establish the process and
19criteria by which proposals for capital improvements by a
20Service Board or a transportation agency will be evaluated by
21the Authority for inclusion in the Five-Year Capital Program,
22which may include criteria for:
23        (i) allocating funds among maintenance, enhancement,
24    and expansion improvements;
25        (ii) projects to be funded from the Innovation,
26    Coordination, and Enhancement Fund;

 

 

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1        (iii) projects intended to improve or enhance
2    ridership or customer service;
3        (iv) design and location of station or transit
4    improvements intended to promote transfers, increase
5    ridership, and support transit-oriented land development;
6        (v) assessing the impact of projects on the ability to
7    operate and maintain the existing transit system; and
8        (vi) other criteria that advance the goals and
9    objectives of the Strategic Plan.
10    (d) The Strategic Plan shall establish performance
11standards and measurements regarding the adequacy, efficiency,
12and coordination of public transportation services in the
13region and the implementation of the goals and objectives in
14the Strategic Plan. At a minimum, such standards and measures
15shall include customer-related performance data measured by
16line, route, or sub-region, as determined by the Authority, on
17the following:
18        (i) travel times and on-time performance;
19        (ii) ridership data;
20        (iii) equipment failure rates;
21        (iv) employee and customer safety; and
22        (v) customer satisfaction.
23    The Service Boards and transportation agencies that
24receive funding from the Authority or Service Boards shall
25prepare, publish, and submit to the Authority such reports with
26regard to these standards and measurements in the frequency and

 

 

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1form required by the Authority; however, the frequency of such
2reporting shall be no less than annual. The Service Boards
3shall publish such reports on their respective websites. The
4Authority shall compile and publish such reports on its
5website. Such performance standards and measures shall not be
6used as the basis for disciplinary action against any employee
7of the Authority or Service Boards, except to the extent the
8employment and disciplinary practices of the Authority or
9Service Board provide for such action.
10    (e) The Strategic Plan shall identify innovations to
11improve the delivery of public transportation and the
12construction of public transportation facilities.
13    (f) The Strategic Plan shall describe the expected
14financial condition of public transportation in the
15metropolitan region prospectively over a 10-year period, which
16may include information about the cash position and all known
17obligations of the Authority and the Service Boards including
18operating expenditures, debt service, contributions for
19payment of pension and other post-employment benefits, the
20expected revenues from fares, tax receipts, grants from the
21federal, State, and local governments for operating and capital
22purposes and issuance of debt, the availability of working
23capital, and the resources needed to achieve the goals and
24objectives described in the Strategic Plan.
25    (g) In developing the Strategic Plan, the Authority shall
26rely on such demographic and other data, forecasts, and

 

 

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1assumptions developed by the Chicago Metropolitan Agency for
2Planning with respect to the patterns of population density and
3growth, projected commercial and residential development, and
4environmental factors, within the metropolitan region and in
5areas outside the metropolitan region that may impact public
6transportation utilization in the metropolitan region. Before
7adopting or amending any Strategic Plan, the Authority shall
8consult with the Chicago Metropolitan Agency for Planning
9regarding the consistency of the Strategic Plan with the
10Regional Comprehensive Plan adopted pursuant to the Regional
11Planning Act.
12    (h) The Authority may adopt, by the affirmative vote of at
13least 12 of its then Directors, sub-regional or corridor plans
14for specific geographic areas of the metropolitan region in
15order to improve the adequacy, efficiency, and coordination of
16existing, or the delivery of new, public transportation. Such
17plans may also address areas outside the metropolitan region
18that may impact public transportation utilization in the
19metropolitan region. In preparing a sub-regional or corridor
20plan, the Authority may identify changes in operating practices
21or capital investment in the sub-region or corridor that could
22increase ridership, reduce costs, improve coordination, or
23enhance transit-oriented development. The Authority shall
24consult with any affected Service Boards in the preparation of
25any sub-regional or corridor plans.
26    (i) If the Authority determines, by the affirmative vote of

 

 

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1at least 12 of its then Directors, that, with respect to any
2proposed new public transportation service or facility, (i)
3multiple Service Boards or transportation agencies are
4potential service providers and (ii) the public transportation
5facilities to be constructed or purchased to provide that
6service have an expected construction cost of more than
7$25,000,000, the Authority shall have sole responsibility for
8conducting any alternatives analysis and preliminary
9environmental assessment required by federal or State law.
10Nothing in this subparagraph (i) shall prohibit a Service Board
11from undertaking alternatives analysis and preliminary
12environmental assessment for any public transportation service
13or facility identified in items (i) and (ii) above that is
14included in the Five-Year Capital Program as of the effective
15date of this amendatory Act of the 95th General Assembly;
16however, any expenditure related to any such public
17transportation service or facility must be included in a
18Five-Year Capital Program under the requirements of Sections
192.01b and 4.02 of this Act.
20    (j) Nothing in this Section shall be construed to impose
21any limitation on the Chicago Transit Authority's borrowing
22authority pursuant to Section 12 of the Metropolitan Transit
23Authority Act.
24(Source: P.A. 95-708, eff. 1-18-08.)
 
25    (70 ILCS 3615/2.01b)

 

 

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1    Sec. 2.01b. The Five-Year Capital Program. By the
2affirmative vote of at least 12 of its then Directors, the
3Authority, after consultation with the Service Boards and after
4holding a minimum of 3 public hearings in Cook County and one
5public hearing in each of the other counties in the
6metropolitan region, shall each year adopt a Five-Year Capital
7Program that shall include each capital improvement to be
8undertaken by or on behalf of a Service Board provided that the
9Authority finds that the improvement meets any criteria for
10capital improvements contained in the Strategic Plan, is not
11inconsistent with any sub-regional or corridor plan adopted by
12the Authority, and can be funded within amounts available with
13respect to the capital and operating costs of such improvement.
14In reviewing proposals for improvements to be included in a
15Five-Year Capital Program, the Authority may give priority to
16improvements that are intended to bring public transportation
17facilities into a state of good repair. The Five-Year Capital
18Program shall also identify capital improvements to be
19undertaken by a Service Board, a transportation agency, or a
20unit of local government and funded by the Authority from
21amounts in the Innovation, Coordination, and Enhancement Fund,
22provided that no improvement that is included in the Five-Year
23Capital Program as of the effective date of this amendatory Act
24of the 95th General Assembly may receive funding from the
25Innovation, Coordination, and Enhancement Fund. Before
26adopting a Five-Year Capital Program, the Authority shall

 

 

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1consult with the Chicago Metropolitan Agency for Planning
2regarding the consistency of the Five-Year Capital Program with
3the Regional Comprehensive Plan adopted pursuant to the
4Regional Planning Act.
5    Nothing in this Section shall be construed to impose any
6limitation on the Chicago Transit Authority's borrowing
7authority pursuant to Section 12 of the Metropolitan Transit
8Authority Act.
9(Source: P.A. 95-708, eff. 1-18-08.)
 
10    (70 ILCS 3615/3A.09)  (from Ch. 111 2/3, par. 703A.09)
11    Sec. 3A.09. General Powers. In addition to any powers
12elsewhere provided to the Suburban Bus Board, it shall have all
13of the powers specified in Section 2.20 of this Act except for
14the powers specified in Section 2.20(a)(v). The Board shall
15also have the power:
16        (a) to cooperate with the Regional Transportation
17    Authority in the exercise by the Regional Transportation
18    Authority of all the powers granted it by such Act;
19        (b) to receive funds from the Regional Transportation
20    Authority pursuant to Sections 2.02, 4.01, 4.02, 4.09 and
21    4.10 of the Regional Transportation Authority Act, all as
22    provided in the Regional Transportation Authority Act;
23        (c) to receive financial grants from the Regional
24    Transportation Authority or a Service Board, as defined in
25    the Regional Transportation Authority Act, upon such terms

 

 

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1    and conditions as shall be set forth in a grant contract
2    between either the Division and the Regional
3    Transportation Authority or the Division and another
4    Service Board, which contract or agreement may be for such
5    number of years or duration as the parties agree, all as
6    provided in the Regional Transportation Authority Act; and
7        (d) to perform all functions necessary for the
8    provision of paratransit services under Section 2.30 of
9    this Act; and .
10        (e) to borrow money for the purposes of: (i)
11    constructing a new garage in the northwestern Cook County
12    suburbs at an estimated cost of $60,000,000, (ii)
13    converting the South Cook garage in Markham to a Compressed
14    Natural Gas facility at an estimated cost of $12,000,000,
15    (iii) constructing a new paratransit garage in DuPage
16    County at an estimated cost of $25,000,000, and (iv)
17    expanding the North Shore garage in Evanston to accommodate
18    additional indoor bus parking at an estimated cost of
19    $3,000,000. For the purpose of evidencing the obligation of
20    the Suburban Bus Board to repay any money borrowed as
21    provided in this subsection, the Suburban Bus Board may
22    issue revenue bonds from time to time pursuant to ordinance
23    adopted by the Suburban Bus Board; provided that the
24    Suburban Bus Board may not issue bonds for the purpose of
25    financing the acquisition, construction, or improvement of
26    any facility other than those listed in this subsection

 

 

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1    (e). All such bonds shall be payable solely from the
2    revenues or income or any other funds that the Suburban Bus
3    Board may receive, provided that the Suburban Bus Board may
4    not pledge as security for such bonds the moneys, if any,
5    that the Suburban Bus Board receives from the Regional
6    Transportation Authority pursuant to Section 4.03.3(f) of
7    the Regional Transportation Authority Act. The bonds shall
8    bear interest at a rate not to exceed the maximum rate
9    authorized by the Bond Authorization Act and shall mature
10    at such time or times not exceeding 25 years from their
11    respective dates. Bonds issued pursuant to this paragraph
12    must be issued with scheduled principal or mandatory
13    redemption payments in equal amounts in each fiscal year
14    over the term of the bonds, with the first principal or
15    mandatory redemption payment scheduled within the fiscal
16    year in which bonds are issued or within the next
17    succeeding fiscal year. At least 25%, based on total
18    principal amount, of all bonds authorized pursuant to this
19    Section shall be sold pursuant to notice of sale and public
20    bid. No more than 75%, based on total principal amount, of
21    all bonds authorized pursuant to this Section shall be sold
22    by negotiated sale. The maximum principal amount of the
23    bonds that may be issued may not exceed $100,000,000. The
24    bonds shall have all the qualities of negotiable
25    instruments under the laws of this State. To secure the
26    payment of any or all of such bonds and for the purpose of

 

 

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1    setting forth the covenants and undertakings of the
2    Suburban Bus Board in connection with the issuance thereof
3    and the issuance of any additional bonds payable from such
4    revenue or income as well as the use and application of the
5    revenue or income received by the Suburban Bus Board, the
6    Suburban Bus Board may execute and deliver a trust
7    agreement or agreements; provided that no lien upon any
8    physical property of the Suburban Bus Board shall be
9    created thereby. A remedy for any breach or default of the
10    terms of any such trust agreement by the Suburban Bus Board
11    may be by mandamus proceedings in any court of competent
12    jurisdiction to compel performance and compliance
13    therewith, but the trust agreement may prescribe by whom or
14    on whose behalf such action may be instituted. Under no
15    circumstances shall any bonds issued by the Suburban Bus
16    Board or any other obligation of the Suburban Bus Board in
17    connection with the issuance of such bonds be or become an
18    indebtedness or obligation of the State of Illinois, the
19    Regional Transportation Authority, or any other political
20    subdivision of or municipality within the State, nor shall
21    any such bonds or obligations be or become an indebtedness
22    of the Suburban Bus Board within the purview of any
23    constitutional limitation or provision, and it shall be
24    plainly stated on the face of each bond that it does not
25    constitute such an indebtedness or obligation but is
26    payable solely from the revenues or income as aforesaid.

 

 

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1(Source: P.A. 94-370, eff. 7-29-05.)
 
2    (70 ILCS 3615/4.02)  (from Ch. 111 2/3, par. 704.02)
3    Sec. 4.02. Federal, State and Other Funds.
4    (a) The Authority shall have the power to apply for,
5receive and expend grants, loans or other funds from the State
6of Illinois or any department or agency thereof, from any unit
7of local government, from the federal government or any
8department or agency thereof, for use in connection with any of
9the powers or purposes of the Authority as set forth in this
10Act. The Authority shall have power to make such studies as may
11be necessary and to enter into contracts or agreements with the
12State of Illinois or any department or agency thereof, with any
13unit of local government, or with the federal government or any
14department or agency thereof, concerning such grants, loans or
15other funds, or any conditions relating thereto, including
16obligations to repay such funds. The Authority may make such
17covenants concerning such grants, loans and funds as it deems
18proper and necessary in carrying out its responsibilities,
19purposes and powers as provided in this Act.
20    (b) The Authority shall be the primary public body in the
21metropolitan region with authority to apply for and receive any
22grants, loans or other funds relating to public transportation
23programs from the State of Illinois or any department or agency
24thereof, or from the federal government or any department or
25agency thereof. Any unit of local government, Service Board or

 

 

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1transportation agency may apply for and receive any such
2federal or state capital grants, loans or other funds,
3provided, however that a Service Board may not apply for or
4receive any grant or loan which is not identified in the
5Five-Year Capital Program. Any Service Board, unit of local
6government or transportation agency shall notify the Authority
7prior to making any such application and shall file a copy
8thereof with the Authority. Nothing in this Section shall be
9construed to impose any limitation on the ability of the State
10of Illinois or any department or agency thereof, any unit of
11local government or Service Board or transportation agency to
12make any grants or to enter into any agreement or contract with
13the National Rail Passenger Corporation. Nor shall anything in
14this Section impose any limitation on the ability of any school
15district to apply for or receive any grant, loan or other funds
16for transportation of school children.
17    (c) The Authority shall provide to the Service Board any
18monies received relating to public transportation services
19under the jurisdiction of the Service Boards as provided in
20Section 4.03.3 of this Act.
21    (d) Nothing in this Section shall be construed to impose
22any limitation on the Chicago Transit Authority's borrowing
23authority pursuant to Section 12 of the Metropolitan Transit
24Authority Act.
25(Source: P.A. 94-839, eff. 6-6-06; 95-331, eff. 8-21-07;
2695-708, eff. 1-18-08.)
 

 

 

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1    (70 ILCS 3615/4.11)  (from Ch. 111 2/3, par. 704.11)
2    Sec. 4.11. Budget Review Powers.
3    (a) Based upon estimates which shall be given to the
4Authority by the Director of the Governor's Office of
5Management and Budget (formerly Bureau of the Budget) of the
6receipts to be received by the Authority from the taxes imposed
7by the Authority and the authorized estimates of amounts to be
8available from State and other sources to the Service Boards,
9and the times at which such receipts and amounts will be
10available, the Board shall, not later than the next preceding
11September 15th prior to the beginning of the Authority's next
12fiscal year, advise each Service Board of the amounts estimated
13by the Board to be available for such Service Board during such
14fiscal year and the two following fiscal years and the times at
15which such amounts will be available. The Board shall, at the
16same time, also advise each Service Board of its required
17system generated revenues recovery ratio for the next fiscal
18year which shall be the percentage of the aggregate costs of
19providing public transportation by or under jurisdiction of
20that Service Board which must be recovered from system
21generated revenues. The Board shall, at the same time, consider
22the written determination of the Executive Director, made
23pursuant to Section 2.01d, of the costs of ADA paratransit
24services that are required to be provided under the federal
25Americans with Disabilities Act of 1990 and its implementing

 

 

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1regulations, and shall amend the current year budgets of the
2Authority and the Service Boards to provide for additional
3funding for the provision of ADA paratransit services, if
4needed. The Board shall, at the same time, beginning with the
52007 fiscal year, also advise each Service Board that provides
6ADA paratransit services of its required system generated ADA
7paratransit services revenue recovery ratio for the next fiscal
8year which shall be the percentage of the aggregate costs of
9providing ADA paratransit services by or under jurisdiction of
10that Service Board which must be recovered from fares charged
11for such services, except that such required system generated
12ADA paratransit services revenue recovery ratio shall not
13exceed the minimum percentage established pursuant to Section
144.01(b)(ii) of this Act. In determining a Service Board's
15system generated revenue recovery ratio, the Board shall
16consider the historical system generated revenues recovery
17ratio for the services subject to the jurisdiction of that
18Service Board. The Board shall not increase a Service Board's
19system generated revenues recovery ratio for the next fiscal
20year over such ratio for the current fiscal year
21disproportionately or prejudicially to increases in such
22ratios for other Service Boards. The Board may, by ordinance,
23provide that (i) the cost of research and development projects
24in the fiscal year beginning January 1, 1986 and ending
25December 31, 1986 conducted pursuant to Section 2.09 of this
26Act, (ii) the costs for passenger security, and (iii)

 

 

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1expenditures of amounts granted to a Service Board from the
2Innovation, Coordination, and Enhancement Fund for operating
3purposes may be exempted from the farebox recovery ratio or the
4system generated revenues recovery ratio of the Chicago Transit
5Authority, the Suburban Bus Board, and the Commuter Rail Board,
6or any of them. During fiscal years 2008 through 2012, the
7Board may also allocate the exemption of $200,000,000 and the
8reducing amounts of costs provided by this amendatory Act of
9the 95th General Assembly from the farebox recovery ratio or
10system generated revenues recovery ratio of each Service Board.
11    (b)(1) Not later than the next preceding November 15 prior
12to the commencement of such fiscal year, each Service Board
13shall submit to the Authority its proposed budget for such
14fiscal year and its proposed financial plan for the two
15following fiscal years. Such budget and financial plan shall
16(i) be prepared in the format, follow the financial and
17budgetary practices, and be based on any assumptions and
18projections required by the Authority and (ii) not project or
19assume a receipt of revenues from the Authority in amounts
20greater than those set forth in the estimates provided by the
21Authority pursuant to subsection (a) of this Section.
22    (2) The Board shall review the proposed budget and two-year
23financial plan submitted by each Service Board. The Board shall
24approve the budget and two-year financial plan of a Service
25Board if:
26        (i) such budget and plan show a balance between (A)

 

 

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1    anticipated revenues from all sources including operating
2    subsidies and (B) the costs of providing the services
3    specified and of funding any operating deficits or
4    encumbrances incurred in prior periods, including
5    provision for payment when due of principal and interest on
6    outstanding indebtedness;
7        (ii) such budget and plan show cash balances including
8    the proceeds of any anticipated cash flow borrowing
9    sufficient to pay with reasonable promptness all costs and
10    expenses as incurred;
11        (iii) such budget and plan provide for a level of fares
12    or charges and operating or administrative costs for the
13    public transportation provided by or subject to the
14    jurisdiction of such Service Board sufficient to allow the
15    Service Board to meet its required system generated revenue
16    recovery ratio and, beginning with the 2007 fiscal year,
17    system generated ADA paratransit services revenue recovery
18    ratio;
19        (iv) such budget and plan are based upon and employ
20    assumptions and projections which are reasonable and
21    prudent;
22        (v) such budget and plan have been prepared in
23    accordance with sound financial practices as determined by
24    the Board;
25        (vi) such budget and plan meet such other financial,
26    budgetary, or fiscal requirements that the Board may by

 

 

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1    rule or regulation establish; and
2        (vii) such budget and plan are consistent with the
3    goals and objectives adopted by the Authority in the
4    Strategic Plan.
5    (3) (Blank).
6    (4) Unless the Board by an affirmative vote of 12 of the
7then Directors determines that the budget and financial plan of
8a Service Board meets the criteria specified in clauses (i)
9through (vii) of subparagraph (2) of this paragraph (b), the
10Board shall withhold from that Service Board 25% of the cash
11proceeds of taxes imposed by the Authority under Section 4.03
12and Section 4.03.1 and received after February 1 and 25% of the
13amounts transferred to the Authority from the Public
14Transportation Fund under Section 4.09(a) (but not including
15Section 4.09(a)(3)(iv)) after February 1 that the Board has
16estimated to be available to that Service Board under Section
174.11(a). Such funding shall be released to the Service Board
18only upon approval of a budget and financial plan under this
19Section or adoption of a budget and financial plan on behalf of
20the Service Board by the Authority.
21    (5) If the Board has not found that the budget and
22financial plan of a Service Board meets the criteria specified
23in clauses (i) through (vii) of subparagraph (2) of this
24paragraph (b), the Board, by the affirmative vote of at least
2512 of its then Directors, shall adopt a budget and financial
26plan meeting such criteria for that Service Board.

 

 

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1    (c)(1) If the Board shall at any time have received a
2revised estimate, or revises any estimate the Board has made,
3pursuant to this Section of the receipts to be collected by the
4Authority which, in the judgment of the Board, requires a
5change in the estimates on which the budget of any Service
6Board is based, the Board shall advise the affected Service
7Board of such revised estimates, and such Service Board shall
8within 30 days after receipt of such advice submit a revised
9budget incorporating such revised estimates. If the revised
10estimates require, in the judgment of the Board, that the
11system generated revenues recovery ratio of one or more Service
12Boards be revised in order to allow the Authority to meet its
13required ratio, the Board shall advise any such Service Board
14of its revised ratio and such Service Board shall within 30
15days after receipt of such advice submit a revised budget
16incorporating such revised estimates or ratio.
17    (2) Each Service Board shall, within such period after the
18end of each fiscal quarter as shall be specified by the Board,
19report to the Authority its financial condition and results of
20operations and the financial condition and results of
21operations of the public transportation services subject to its
22jurisdiction, as at the end of and for such quarter. If in the
23judgment of the Board such condition and results are not
24substantially in accordance with such Service Board's budget
25for such period, the Board shall so advise such Service Board
26and such Service Board shall within the period specified by the

 

 

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1Board submit a revised budget incorporating such results.
2    (3) If the Board shall determine that a revised budget
3submitted by a Service Board pursuant to subparagraph (1) or
4(2) of this paragraph (c) does not meet the criteria specified
5in clauses (i) through (vii) of subparagraph (2) of paragraph
6(b) of this Section, the Board shall withhold from that Service
7Board 25% of the cash proceeds of taxes imposed by the
8Authority under Section 4.03 or 4.03.1 and received by the
9Authority after February 1 and 25% of the amounts transferred
10to the Authority from the Public Transportation Fund under
11Section 4.09(a) (but not including Section 4.09(a)(3)(iv))
12after February 1 that the Board has estimated to be available
13to that Service Board under Section 4.11(a). If the Service
14Board submits a revised financial plan and budget which plan
15and budget shows that the criteria will be met within a four
16quarter period, the Board shall release any such withheld funds
17to the Service Board. The Board by the affirmative vote of at
18least 12 of its then Directors may require a Service Board to
19submit a revised financial plan and budget which shows that the
20criteria will be met in a time period less than four quarters.
21    (d) All budgets and financial plans, financial statements,
22audits and other information presented to the Authority
23pursuant to this Section or which may be required by the Board
24to permit it to monitor compliance with the provisions of this
25Section shall be prepared and presented in such manner and
26frequency and in such detail as shall have been prescribed by

 

 

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1the Board, shall be prepared on both an accrual and cash flow
2basis as specified by the Board, shall present such information
3as the Authority shall prescribe that fairly presents the
4condition of any pension plan or trust for health care benefits
5with respect to retirees established by the Service Board and
6describes the plans of the Service Board to meet the
7requirements of Sections 4.02a and 4.02b, and shall identify
8and describe the assumptions and projections employed in the
9preparation thereof to the extent required by the Board. If the
10Executive Director certifies that a Service Board has not
11presented its budget and two-year financial plan in conformity
12with the rules adopted by the Authority under the provisions of
13Section 4.01(f) and this subsection (d), and such certification
14is accepted by the affirmative vote of at least 12 of the then
15Directors of the Authority, the Authority shall not distribute
16to that Service Board any funds for operating purposes in
17excess of the amounts distributed for such purposes to the
18Service Board in the previous fiscal year. Except when the
19Board adopts a budget and a financial plan for a Service Board
20under paragraph (b)(5), a Service Board shall provide for such
21levels of transportation services and fares or charges therefor
22as it deems appropriate and necessary in the preparation of a
23budget and financial plan meeting the criteria set forth in
24clauses (i) through (vii) of subparagraph (2) of paragraph (b)
25of this Section. The Authority shall have access to and the
26right to examine and copy all books, documents, papers,

 

 

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1records, or other source data of a Service Board relevant to
2any information submitted pursuant to this Section.
3    (e) Whenever this Section requires the Board to make
4determinations with respect to estimates, budgets or financial
5plans, or rules or regulations with respect thereto such
6determinations shall be made upon the affirmative vote of at
7least 12 of the then Directors and shall be incorporated in a
8written report of the Board and such report shall be submitted
9within 10 days after such determinations are made to the
10Governor, the Mayor of Chicago (if such determinations relate
11to the Chicago Transit Authority), and the Auditor General of
12Illinois.
13    (f) Nothing in this Section shall be construed to impose
14any limitation on the Chicago Transit Authority's borrowing
15authority pursuant to Section 12 of the Metropolitan Transit
16Authority Act.
17(Source: P.A. 97-399, eff. 8-16-11.)".