(70 ILCS 3615/1.02) (from Ch. 111 2/3, par. 701.02)
Sec. 1.02. Findings and Purpose. (a) The General Assembly finds;
(i) Public transportation is, as provided in Section
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7 of Article XIII of the Illinois Constitution, an essential public purpose for which public funds may be expended and that Section authorizes the State to provide financial assistance to units of local government for distribution to providers of public transportation. There is an urgent need to reform and continue a unit of local government to assure the proper management of public transportation and to receive and distribute State or federal operating assistance and to raise and distribute revenues for local operating assistance. System generated revenues are not adequate for such service and a public need exists to provide for, aid and assist public transportation in the northeastern area of the State, consisting of Cook, DuPage, Kane, Lake, McHenry and Will Counties.
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(ii) Comprehensive and coordinated regional public
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transportation is essential to the public health, safety and welfare. It is essential to economic well‑being, maintenance of full employment, conservation of sources of energy and land for open space and reduction of traffic congestion and for providing and maintaining a healthful environment for the benefit of present and future generations in the metropolitan region. Public transportation improves the mobility of the public and improves access to jobs, commercial facilities, schools and cultural attractions. Public transportation decreases air pollution and other environmental hazards resulting from excessive use of automobiles and allows for more efficient land use and planning.
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(iii) Because system generated receipts are not
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presently adequate, public transportation facilities and services in the northeastern area are in grave financial condition. With existing methods of financing, coordination and management, and relative convenience of automobiles, such public transportation facilities are not providing adequate public transportation to insure the public health, safety and welfare.
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(iv) Additional commitments to the public
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transportation needs of the disabled, the economically disadvantaged, and the elderly are necessary.
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(v) To solve these problems, it is necessary to
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provide for the creation of a regional transportation authority with the powers necessary to insure adequate public transportation.
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(b) The General Assembly further finds, in connection with this amendatory
Act of 1983:
(i) Substantial, recurring deficits in the operations
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of public transportation services subject to the jurisdiction of the Regional Transportation Authority and periodic cash shortages have occurred either of which could bring about a loss of public transportation services throughout the metropolitan region at any time;
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(ii) A substantial or total loss of public
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transportation services or any segment thereof would create an emergency threatening the safety and well‑being of the people in the northeastern area of the State; and
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(iii) To meet the urgent needs of the people of the
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metropolitan region that such an emergency be averted and to provide financially sound methods of managing the provision of public transportation services in the northeastern area of the State, it is necessary, while maintaining and continuing the existing Authority, to modify the powers and responsibilities of the Authority, to reallocate responsibility for operating decisions, to change the composition and appointment of the Board of Directors thereof, and to immediately establish a new Board of Directors.
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(c) The General Assembly further finds in connection with this amendatory Act of the 95th General Assembly:
(i) The economic vitality of northeastern Illinois
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requires regionwide and systemwide efforts to increase ridership on the transit systems, constrain road congestion within the metropolitan region, and allocate resources for transportation so as to assist in the development of an adequate, efficient, and coordinated regional transportation system that is in a state of good repair.
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(ii) To achieve the purposes of this amendatory Act
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of the 95th General Assembly, the powers and duties of the Authority must be enhanced to improve overall planning and coordination, to achieve an integrated and efficient regional transit system, to advance the mobility of transit users, and to increase financial transparency of the Authority and the Service Boards.
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(d)
It is the purpose of this Act to provide for, aid and
assist public transportation in the northeastern area of the State without
impairing the overall quality of existing public transportation by
providing for the creation of a single authority responsive to the
people and elected officials of the area and with the power and
competence to develop, implement, and enforce plans that promote adequate, efficient, and coordinated public transportation, provide financial review of the providers of public
transportation
in the metropolitan region and facilitate public transportation provided
by Service Boards which is attractive and economical to users, comprehensive,
coordinated among its
various elements, economical, safe, efficient and coordinated with area
and State plans.
(Source: P.A. 95‑708, eff. 1‑18‑08.)
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(70 ILCS 3615/1.03) (from Ch. 111 2/3, par. 701.03)
Sec. 1.03.
Definitions.
As used in this Act:
"Authority" means the Regional Transportation Authority;
"Board" means the Board of Directors of the Regional Transportation
Authority;
"Construct or acquire" means plan, design, construct, reconstruct,
improve, modify, extend, landscape, expand or acquire;
"Metropolitan Region" means all territory included within the territory
of the Authority as provided in this Act, and such territory as may be
annexed to the Authority;
"Municipality", "County" and "Unit of Local Government" have the
meanings given to such terms in Section 1 of Article VII of the Illinois
Constitution;
"Operate" means operate, maintain, administer, repair, promote and any
other acts necessary or proper with regard to such matters;
"Public Transportation" means the transportation or conveyance of
persons within the metropolitan region by means available to the general
public, including groups of the general public with special needs, except
for transportation by automobiles not used for conveyance of the general
public as passengers;
"Public Transportation Facilities" means all equipment or property, real
or personal, or rights therein, useful or necessary for providing,
maintaining or administering public transportation within the metropolitan
region or otherwise useful for carrying out or meeting the purposes or
powers of the Authority, except it shall not include roads, streets,
highways or bridges or toll highways or toll bridges for general public
use; and
"Service Boards" means the Board of the Commuter Rail Division of the
Authority, the Board of the Suburban Bus Division of the Authority and the
Board of the Chicago Transit Authority established pursuant to the "Metropolitan Transit
Authority Act", approved April 12, 1945, as now or hereafter amended.
"Transportation Agency" means any individual, firm, partnership,
corporation, association, body politic, municipal corporation, public
authority, unit of local government or other person, other than the
Authority and the Service Boards, which provides public transportation,
any local mass transit district created pursuant to the "Local Mass Transit
District Act", as now or hereafter amended, and any urban transportation
district created pursuant to the "Urban Transportation District Act", as
now or hereafter amended, which districts are located in whole or in part
within the metropolitan region.
(Source: P.A. 83‑885; 83‑886.)
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(70 ILCS 3615/2.01) (from Ch. 111 2/3, par. 702.01)
Sec. 2.01. General Allocation of Responsibility for Public Transportation.
(a) In order to accomplish the
purposes as set forth in this Act,
the responsibility for planning, operating, and funding public transportation in the metropolitan region shall be allocated as described in this Act. The Authority shall: (i) adopt plans that implement the public policy of
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the State to provide adequate, efficient, and coordinated public transportation throughout the metropolitan region;
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(ii) set goals, objectives, and standards for the
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Authority, the Service Boards, and transportation agencies;
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(iii) develop performance measures to inform the
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public about the extent to which the provision of public transportation in the metropolitan region meets those goals, objectives, and standards;
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(iv) allocate operating and capital funds made
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available to support public transportation in the metropolitan region;
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(v) provide financial oversight of the Service
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(vi) coordinate the provision of public
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transportation and the investment in public transportation facilities to enhance the integration of public transportation throughout the metropolitan region, all as provided in this Act.
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The
Service Boards shall, on a continuing basis determine
the level, nature
and kind of public transportation which should be provided for the
metropolitan region in order to meet the plans, goals, objectives, and standards adopted by the Authority. The Service Boards may provide public transportation
by purchasing
such service from transportation agencies through purchase of service
agreements, by grants to such agencies or by operating such service, all
pursuant to this Act and the "Metropolitan Transit Authority
Act", as now or hereafter amended. Certain of its actions to implement the responsibilities allocated to the Authority in this subsection (a) shall be taken in 3 public documents adopted by the affirmative vote of at least 12 of its then Directors: A Strategic Plan; a Five‑Year Capital Program; and an Annual Budget and Two‑Year Financial Plan.
(b) The Authority shall subject the operating and capital plans and
expenditures of the Service Boards in the
metropolitan region with
regard to public transportation to continuing review so that
the Authority may budget and expend its funds with maximum effectiveness
and efficiency. The Authority shall conduct audits of each of the Service Boards no less than every 5 years. Such audits may include management, performance, financial, and infrastructure condition audits. The Authority may conduct management, performance, financial, and infrastructure condition audits of transportation agencies that receive funds from the Authority. The Authority may direct a Service Board to conduct any such audit of a transportation agency that receives funds from such Service Board, and the Service Board shall comply with such request to the extent it has the right to do so. These audits of the Service Boards or transportation agencies may be project or service specific audits to evaluate their achievement of the goals and objectives of that project or service and their compliance with any applicable requirements.
(Source: P.A. 95‑708, eff. 1‑18‑08.)
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(70 ILCS 3615/2.01a) Sec. 2.01a. Strategic Plan. (a) By the affirmative vote of at least 12 of its then Directors, the Authority shall adopt a Strategic Plan, no less than every 5 years, after consultation with the Service Boards and after holding a minimum of 3 public hearings in Cook County and one public hearing in each of the other counties in the region. The Executive Director of the Authority shall review the Strategic Plan on an ongoing basis and make recommendations to the Board of the Authority with respect to any update or amendment of the Strategic Plan. The Strategic Plan shall describe the specific actions to be taken by the Authority and the Service Boards to provide adequate, efficient, and coordinated public transportation. (b) The Strategic Plan shall identify goals and objectives with respect to:
(i) increasing ridership and passenger miles on
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public transportation funded by the Authority;
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(ii) coordination of public transportation services
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and the investment in public transportation facilities to enhance the integration of public transportation throughout the metropolitan region;
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(iii) coordination of fare and transfer policies to
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promote transfers by riders among Service Boards, transportation agencies, and public transportation modes, which may include goals and objectives for development of a universal fare instrument that riders may use interchangeably on all public transportation funded by the Authority, and methods to be used to allocate revenues from transfers;
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(iv) improvements in public transportation facilities
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to bring those facilities into a state of good repair, enhancements that attract ridership and improve customer service, and expansions needed to serve areas with sufficient demand for public transportation;
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(v) access for transit‑dependent populations,
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including access by low‑income communities to places of employment, utilizing analyses provided by the Chicago Metropolitan Agency for Planning regarding employment and transportation availability, and giving consideration to the location of employment centers in each county and the availability of public transportation at off‑peak hours and on weekends;
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(vi) the financial viability of the public
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transportation system, including both operating and capital programs;
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(vii) limiting road congestion within the
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metropolitan region and enhancing transit options to improve mobility; and
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(viii) such other goals and objectives that advance
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the policy of the State to provide adequate, efficient, and coordinated public transportation in the metropolitan region.
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(c) The Strategic Plan shall establish the process and criteria by which proposals for capital improvements by a Service Board or a transportation agency will be evaluated by the Authority for inclusion in the Five‑Year Capital Program, which may include criteria for:
(i) allocating funds among maintenance, enhancement,
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and expansion improvements;
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(ii) projects to be funded from the Innovation,
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Coordination, and Enhancement Fund;
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(iii) projects intended to improve or enhance
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ridership or customer service;
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(iv) design and location of station or transit
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improvements intended to promote transfers, increase ridership, and support transit‑oriented land development;
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(v) assessing the impact of projects on the ability
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to operate and maintain the existing transit system; and
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(vi) other criteria that advance the goals and
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objectives of the Strategic Plan.
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(d) The Strategic Plan shall establish performance standards and measurements regarding the adequacy, efficiency, and coordination of public transportation services in the region and the implementation of the goals and objectives in the Strategic Plan. At a minimum, such standards and measures shall include customer‑related performance data measured by line, route, or sub‑region, as determined by the Authority, on the following:
(i) travel times and on‑time performance;
(ii) ridership data;
(iii) equipment failure rates;
(iv) employee and customer safety; and
(v) customer satisfaction.
The Service Boards and transportation agencies that receive funding from the Authority or Service Boards shall prepare, publish, and submit to the Authority such reports with regard to these standards and measurements in the frequency and form required by the Authority; however, the frequency of such reporting shall be no less than annual. The Service Boards shall publish such reports on their respective websites. The Authority shall compile and publish such reports on its website. Such performance standards and measures shall not be used as the basis for disciplinary action against any employee of the Authority or Service Boards, except to the extent the employment and disciplinary practices of the Authority or Service Board provide for such action.
(e) The Strategic Plan shall identify innovations to improve the delivery of public transportation and the construction of public transportation facilities.
(f) The Strategic Plan shall describe the expected financial condition of public transportation in the metropolitan region prospectively over a 10‑year period, which may include information about the cash position and all known obligations of the Authority and the Service Boards including operating expenditures, debt service, contributions for payment of pension and other post‑employment benefits, the expected revenues from fares, tax receipts, grants from the federal, State, and local governments for operating and capital purposes and issuance of debt, the availability of working capital, and the resources needed to achieve the goals and objectives described in the Strategic Plan.
(g) In developing the Strategic Plan, the Authority shall rely on such demographic and other data, forecasts, and assumptions developed by the Chicago Metropolitan Agency for Planning with respect to the patterns of population density and growth, projected commercial and residential development, and environmental factors, within the metropolitan region and in areas outside the metropolitan region that may impact public transportation utilization in the metropolitan region. Before adopting or amending any Strategic Plan, the Authority shall consult with the Chicago Metropolitan Agency for Planning regarding the consistency of the Strategic Plan with the Regional Comprehensive Plan adopted pursuant to the Regional Planning Act.
(h) The Authority may adopt, by the affirmative vote of at least 12 of its then Directors, sub‑regional or corridor plans for specific geographic areas of the metropolitan region in order to improve the adequacy, efficiency, and coordination of existing, or the delivery of new, public transportation. Such plans may also address areas outside the metropolitan region that may impact public transportation utilization in the metropolitan region. In preparing a sub‑regional or corridor plan, the Authority may identify changes in operating practices or capital investment in the sub‑region or corridor that could increase ridership, reduce costs, improve coordination, or enhance transit‑oriented development. The Authority shall consult with any affected Service Boards in the preparation of any sub‑regional or corridor plans.
(i) If the Authority determines, by the affirmative vote of at least 12 of its then Directors, that, with respect to any proposed new public transportation service or facility, (i) multiple Service Boards or transportation agencies are potential service providers and (ii) the public transportation facilities to be constructed or purchased to provide that service have an expected construction cost of more than $25,000,000, the Authority shall have sole responsibility for conducting any alternatives analysis and preliminary environmental assessment required by federal or State law. Nothing in this subparagraph (i) shall prohibit a Service Board from undertaking alternatives analysis and preliminary environmental assessment for any public transportation service or facility identified in items (i) and (ii) above that is included in the Five‑Year Capital Program as of the effective date of this amendatory Act of the 95th General Assembly; however, any expenditure related to any such public transportation service or facility must be included in a Five‑Year Capital Program under the requirements of Sections 2.01b and 4.02 of this Act.
(Source: P.A. 95‑708, eff. 1‑18‑08.)
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(70 ILCS 3615/2.02) (from Ch. 111 2/3, par. 702.02)
Sec. 2.02.
Purchase of Service Contracts ‑ Grants.
(a) The Service Boards
may purchase public transportation from transportation agencies upon
such terms and conditions as may be set forth in purchase of service
agreements between the Service Boards and the transportation agencies.
(b) Grants may be made either by: (i) the Authority to a Service
Board; or (ii) a Service Board to either a transportation agency or another
Service Board, all for
operating and other expenses, or for developing or planning public
transportation or for constructing or acquiring public transportation
facilities, all upon such terms and conditions as that Service Board or
the Authority shall
prescribe or as that Service Board and the Authority or that Service
Board and the transportation
agency shall agree
in any grant contract.
(c) The Board shall adopt, to the extent it determines feasible,
guidelines setting forth uniform standards for the making of grants and
purchase of service agreements. Such grant contacts or purchase of
service agreements may be for such number of years or duration as the
parties shall agree.
Any purchase of service agreement with a transportation agency which
is not a public body shall be upon terms and conditions which will allow
the transportation agency to receive for the public transportation
provided pursuant to the agreement net income, after reasonable
deductions for depreciation and other proper and necessary reserves,
equal to an amount which is a reasonable return upon the value of such
portion of the transportation agency's property as is used and useful in
rendering such transportation service. This paragraph shall be construed
in a manner consistent with the principles applicable to such a
transportation agency in rate proceedings under "An Act concerning
public utilities", approved June 29, 1921, as now or hereafter amended.
This paragraph shall not be construed to provide for the funding of
reserves or guarantee that such a transportation agency shall in fact
receive any return. A Service Board shall, within
180 days after receiving
a written request from a transportation agency which is not a public
body, tender and offer to enter into with such transportation agency a
purchase of service agreement that is in conformity with this Act and
that covers the public transportation services by rail (other than
experimental or demonstration services) which such agency is providing
at the time of such request and which services either were in operation
for at least one year immediately preceding the effective date of this
Act or were in operation pursuant to a purchase of service or grant
agreement with the Authority or Service Board. No such tender by a
Service Board need be
made before April 1, 1975. The first purchase of service agreement so
requested shall not, unless the parties agree otherwise, become
effective prior to June 30, 1975. If, following such a request and
tender, a Service Board and the transportation agency
do not agree upon
the amount of compensation to be provided to the agency by the Service
Board
under the purchase of service agreement or fares and charges under the
purchase of service agreement, either of them may submit such unresolved
issues to the Illinois Commerce Commission for determination. The
Commission shall determine the unresolved issues in conformity with this
Act. The Commission's determination shall be set forth in writing,
together with such terms as are agreed by the parties and any other
unresolved terms as tendered by the Service Board, in
a single document
which shall constitute the entire purchase of service agreement between
the Service Board and the transportation agency, which
agreement, in the
absence of contrary agreement by the parties, shall be for a term of 3
years effective as of July 1, 1975, or, if the agreement is requested to
succeed a currently effective or recently expired purchase of service
agreement between the parties, as of the date of such expiration. The
decision of the Commission shall be binding upon the Service Board and the
transportation agency, subject to judicial review as provided in "An Act
concerning public utilities", as approved June 29, 1921, as now or
hereafter amended, but the parties may at any time mutually amend or
terminate a purchase of service agreement. Prompt settlement between the
parties shall be made of any sums owing under the terms of the purchase
of service agreement so established for public transportation services
performed on and after the effective date of any such agreement.
If the Authority reduces the amount of operating subsidy available to
a Service Board under the provisions of Section 4.09 or Section 4.11,
the Service Board shall,
from those funds available to it under Section 4.02, first discharge its
financial obligations under the terms of a purchase of service contract to
any transportation agency which is not a public
body, unless such transportation agency has failed to take any action
requested by the Service Board, which
under the terms of the purchase of service contract the Service Board can
require the transportation agency to take, which would have the effect
of reducing the financial obligation of the Service Board to the transportation
agency.
The provisions of this paragraph (c) shall not preclude a Service Board and a
transportation agency from otherwise entering into a purchase of service
or grant agreement in conformity with this Act or an agreement for the
Authority or a Service Board to purchase or a Service Board to operate
that agency's public transportation
facilities, and shall not limit the exercise of the right of eminent
domain by the Authority pursuant to this Act.
(d) Any transportation agency providing public transportation
pursuant to a purchase of service or grant agreement with the Authority
or a Service Board shall be subject to the "Illinois Human Rights
Act", as now or
hereafter amended, and the remedies and procedures established
thereunder. Such agency shall file an affirmative action program for
employment by it with regard to public transportation so provided with
the Department of Human Rights
within one year of the purchase
of service or grant agreement, to ensure that applicants are employed
and that employees are treated during employment, without unlawful discrimination.
Such affirmative
action program shall include provisions relating to hiring, upgrading,
demotion, transfer, recruitment, recruitment advertising, selection for
training and rates of pay or other forms of compensation. No
unlawful discrimination as defined and prohibited in the Illinois Human
Rights Act in any such employment shall be made in any term or
aspect of employment and discrimination based upon
political reasons or factors shall be prohibited.
(e) A Service Board, subject to the provisions of paragraph (c) of this Section,
may not discriminate against a transportation agency with which it
has a purchase of service contract or grant agreement in any condition affecting
the operation of the public transportation facility including the level
of subsidy provided, the quality or standard of public transportation to
be provided or in meeting the financial obligations to transportation agencies
under the terms of a purchase of service or grant contract. Any transportation
agency that believes that a Service Board is discriminating against it may,
after attempting to resolve the alleged discrimination by meeting with the
Service Board with which it has a purchase of service or grant contract,
appeal to the Authority. The Board shall name 3 of its members, other than
a member of the board of the concerned Service Board, to serve as a panel
to arbitrate the dispute. The panel shall render a recommended decision
to the Board which shall be binding on the Service Board and the transportation
agency if adopted by the Board. The panel may not require the Service Board
to take any action which would increase the
operating budget of the Service Board. The decision of the Board shall
be enforceable in a court of general jurisdiction.
(Source: P.A. 83‑885; 83‑886.)
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(70 ILCS 3615/2.06) (from Ch. 111 2/3, par. 702.06)
Sec. 2.06.
Use of Streets and Roads ‑ Relationship with Illinois Commerce Commission.
(a) The Authority may for the benefit of a Service Board, by ordinance,
provide for special lanes for
exclusive or special use by public transportation vehicles with regard to
any roads, streets, ways, highways, bridges, toll highways or toll bridges
in the metropolitan region, notwithstanding any governmental statute,
ordinance or regulation to the contrary.
(b) The Authority, for the benefit of a Service Board, shall have
the power to use and, by ordinance, to
authorize any Service Board or transportation agency to use without
any franchise, charge,
permit or license any public road, street, way, highway, bridge, toll
highway or toll bridge within the metropolitan region for the provision of
public transportation. Transportation agencies which have purchase of
service agreements with a Service Board as to any
public transportation shall
not as to any aspect of such public transportation be subject to any
supervision, licensing or regulation imposed by any unit of local
government in the metropolitan region, except as may be specifically
authorized by the Authority and except for regular police supervision of
vehicular traffic.
(c) The Authority shall not be subject to "An Act concerning public
utilities", approved June 29, 1921, as now or hereafter amended.
Transportation agencies which have any purchase of service agreement with
a Service Board shall not be subject to that Act as to any public
transportation which is the subject of such agreement. No contract or
agreement entered into by any transportation agency with a Service Board
shall be subject to approval of or regulation by the Illinois Commerce
Commission. If a Service Board shall determine that any particular public
transportation service provided by a transportation agency with which the
Service Board has a purchase of service agreement is not
necessary for the
public interest and shall, for that reason, decline to enter into any
purchase of service agreement for such particular service, then the
Service Board shall have no obligation pursuant to Section
2.02 (c) to offer or
make a purchase of service agreement with respect to that particular
service and the transportation agency may discontinue the particular
service. Such discontinuation shall not be subject to the approval of or
regulation by the Illinois Commerce Commission. The acquisition by the
Authority by eminent domain of any property, from any transportation
agency, shall not be subject to the approval of or regulation by the
Illinois Commerce Commission, provided, however, that
the requirement in
Section 7‑102 of the Code of Civil Procedure, as amended, requiring in certain
instances prior approval of the Illinois Commerce Commission for taking or
damaging of property of railroads or other public utilities shall continue
to apply as to any taking or damaging by the Authority
of any real property
of such a railroad not used for public transportation or of any real
property of such other public utility.
(Source: P.A. 83‑885; 83‑886.)
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(70 ILCS 3615/2.18) (from Ch. 111 2/3, par. 702.18)
Sec. 2.18.
Labor Contracts.
(a) The Authority shall deal with and enter into written contracts with
employees of the Authority, through accredited representatives of such
employees authorized to act for such employees concerning wages, salaries,
hours, working conditions, and pension or retirement provisions. Nothing in
this Act shall be construed, however, to permit hours of labor in excess of
those prohibited by law or to permit working conditions prohibited by law.
(b) Whenever the Authority acquires the public transportation facilities
of a transportation agency, either in proceeding by eminent domain or
otherwise, and operates such facilities, all employees actively engaged in
the operation thereof shall be transferred to and appointed as employees of
the Authority, subject to all the rights and benefits of Sections 2.15
through 2.19, and the Authority shall assume and observe all applicable
labor contracts and pension obligations. These employees shall be given
seniority credit and sick leave, vacation, insurance, and pension credits
in accordance with the records or labor agreements from the acquired
transportation system. Members and beneficiaries of any pension or
retirement system or other benefits established by the acquired
transportation system shall continue to have rights, privileges, benefits,
obligations and status with respect to such established system. The
Authority shall assume the obligations of any transportation system
acquired by it with regard to wages, salaries, hours, working conditions,
sick leave, health and welfare and pension or retirement provisions for
these employees. The Authority and the employees, through their
representatives for collective bargaining purposes, shall take whatever
action may be necessary to have pension trust funds presently under the
joint control of such Transportation Agency and the participating employees
through their representatives transferred to the trust funds to be
established, maintained, and administered jointly by the Authority and the
participating employees through their representatives.
(c) Whenever the Authority shall take any of the actions specified in
Section 2.16 (c), it shall do so only after meeting the requirements of
Section 2.16, and in addition, whenever the Authority shall acquire and
operate the public transportation facilities of a transportation agency
engaged in the transportation of persons by railroad, it shall do so only
in such manner as to insure the continued applicability to the railroad
employees affected thereby of the provisions of all federal statutes then
applicable to them and a continuation of their existing collective
bargaining agreements until the provisions of said agreements can be
re‑negotiated by representatives of the Authority and the representatives
of said employees duly designated as such pursuant to the terms and
provisions of the Railway Labor Act, as amended (45 U.S.C. 151 et seq.);
provided, however, that nothing in this subsection shall prevent the
abandonment of such facilities, or the discontinuance of such operations
pursuant to applicable law, or the substitution of other operations or
facilities for such operations or facilities, whether by merger,
consolidation, coordination or otherwise. In the event new or supplemental
operations or facilities are substituted therefor, the provisions of
Section 2.19 shall be applicable, and all questions concerning the
selection of forces to perform the work of such new or supplemental
facilities or operations, and whether the Authority shall be required to
insure the continued applicability of the federal statutes applicable to
such employees shall be negotiated and, if necessary, arbitrated, in
accordance with the procedures set forth in subsection 2.19 (a).
(Source: P.A. 78‑3rd S.S.‑5.)
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(70 ILCS 3615/2.19) (from Ch. 111 2/3, par. 702.19)
Sec. 2.19.
Labor Relations Procedures.
(a) Whenever the Authority proposes to operate or to enter into a
contract to operate any new public transportation facility which may result
in the displacement of employees or the rearrangement of the working forces
of the Authority or of the Chicago Transit Authority or of any transportation
agency, the Authority shall give
at least 90 days written notice of such proposed operations to the
representatives of the employees affected and the Authority shall provide
for the selection of forces to perform the work of that facility on the
basis of agreement between the Authority and the representatives of such
employees. In the event of failure to agree, the dispute may be submitted
by the Authority or by any representative of the employees affected to
final and binding arbitration by an impartial arbitrator to be selected by
the American Arbitration Association from a current listing of arbitrators
of the National Academy of Arbitrators.
(b) In case of any labor dispute not otherwise governed by this Act, by
the Labor Management Relations Act, as amended, the Railway Labor Act, as
amended, or by impasse resolution provisions in a collective bargaining or
protective agreement involving the Authority, the Chicago Transit Authority
or any transportation agency
financed in whole or in part by the Authority and the employees of the
Authority or of the Chicago Transit Authority or any such transportation
agency, which is not settled by the
parties thereto within 30 days from the date of commencement of
negotiations, either party may request the assistance of a mediator
appointed by either the State or Federal Mediation and Conciliation
Service, who shall seek to resolve the dispute. In the event that the
dispute is not resolved by mediation within a reasonable period, the
mediator shall certify to the parties that an impasse exists. Upon receipt
of the mediator's certification, any party to the dispute may, within 7
days, submit the dispute to a fact finder who shall be selected by the
parties pursuant to the rules of the American Arbitration Association from
a current listing of members of the National Academy of Arbitrators
supplied by the AAA. The fact finder shall have the duty to hold hearings,
or otherwise take evidence from the parties under such other arrangements
as they may agree. Upon completion of the parties' submissions, the fact
finder shall have the power to issue and make public findings and
recommendations, or to refer the dispute back to the parties for such other
appropriate action as he may recommend. In the event that the parties do
not reach agreement after the issuance of the fact finder's report and
recommendations, or in cases where neither party requests fact finding, the
Authority shall offer to submit the dispute to arbitration by a board
composed of 3 persons, one appointed by the Authority, one appointed by the
labor organization representing the employees, and a third member to be
agreed upon by the labor organization and the Authority. The member agreed
upon by the labor organization and the Authority shall act as chairman of
the board. The determination of the majority of the board of arbitration
thus established shall be final and binding on all matters in dispute. If,
after a period of 10 days from the date of the appointment of the two
arbitrators representing the Authority and the labor organization, the
third arbitrator has not been selected, then either arbitrator may request
the American Arbitration Association to furnish from a current listing of
the membership of the National Academy of Arbitrators the names of 7 such
members of the National Academy from which the third arbitrator shall be
selected. The arbitrators appointed by the Authority and the labor
organization, promptly after the receipt of such list, shall determine by
lot the order of elimination, and thereafter each shall in that order
alternately eliminate one name until only one name remains. The remaining
person on the list shall be the third arbitrator. The term "labor dispute"
shall be broadly construed and shall include any controversy concerning
wages, salaries, hours, working conditions, or benefits, including health
and welfare, sick leave, insurance, or pension or retirement provisions,
but not limited thereto, and including any controversy concerning any
differences or questions that may arise between the parties including but
not limited to the making or maintaining of collective bargaining
agreements, the terms to be included in such agreements, and the
interpretation or application of such collective bargaining agreements and
any grievance that may arise. Each party shall pay one‑half of the expenses
of such arbitration.
(Source: P.A. 83‑886.)
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(70 ILCS 3615/2.20) (from Ch. 111 2/3, par. 702.20)
Sec. 2.20.
General Powers.
(a) Except as otherwise limited by this Act,
the Authority shall
also have all powers necessary to meet its responsibilities and to carry
out its purposes, including, but not limited to, the following powers:
(i) To sue and be sued;
(ii) To invest any funds or any monies not required |
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for immediate use or disbursement, as provided in "An Act relating to certain investments of public funds by public agencies", approved July 23, 1943, as now or hereafter amended;
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(iii) To make, amend and repeal by‑laws, rules and
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regulations, and ordinances not inconsistent with this Act;
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(iv) To hold, sell, sell by installment contract,
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lease as lessor, transfer or dispose of such real or personal property as it deems appropriate in the exercise of its powers or to provide for the use thereof by any transportation agency and to mortgage, pledge or otherwise grant security interests in any such property;
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(v) To enter at reasonable times upon such lands,
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waters or premises as in the judgment of the Authority may be necessary, convenient or desirable for the purpose of making surveys, soundings, borings and examinations to accomplish any purpose authorized by this Act after having given reasonable notice of such proposed entry to the owners and occupants of such lands, waters or premises, the Authority being liable only for actual damage caused by such activity;
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(vi) To make and execute all contracts and other
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instruments necessary or convenient to the exercise of its powers;
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(vii) To enter into contracts of group insurance for
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the benefit of its employees and to provide for retirement or pensions or other employee benefit arrangements for such employees, and to assume obligations for pensions or other employee benefit arrangements for employees of transportation agencies, all or part of the facilities of which are acquired by the Authority;
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(viii) To provide for the insurance of any property,
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directors, officers, employees or operations of the Authority against any risk or hazard, and to self‑insure or participate in joint self‑insurance pools or entities to insure against such risk or hazard;
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(ix) To appear before the Illinois Commerce
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Commission in all proceedings concerning the Authority, a Service Board or any transportation agency; and
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(x) To pass all ordinances and make all rules and
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regulations proper or necessary to regulate the use, operation and maintenance of its property and facilities and, by ordinance, to prescribe fines or penalties for violations thereof. No fine or penalty shall exceed $1,000 per offense. Any ordinance providing for any fine or penalty shall be published in a newspaper of general circulation in the metropolitan region. No such ordinance shall take effect until 10 days after its publication.
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(xi) The Authority may enter into arbitration
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arrangements, which may be final and binding.
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(xii) The Commuter Rail Board shall continue the
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separate public corporation, known as the Northeast Illinois Regional Commuter Railroad Corporation, as a separate operating unit to operate on behalf of the Commuter Rail Board commuter railroad facilities, subject at all times to the supervision and direction of the Commuter Rail Board and may, by ordinance, dissolve such Corporation. Such Corporation shall be governed by a Board of Directors which shall consist of the members of the Transition Board until such time as all of the members of the Commuter Rail Board are appointed and qualified and thereafter the members of the Commuter Rail Board. Such Corporation shall have all the powers given the Authority and the Commuter Rail Board under Article II of this Act (other than under Section 2.13) as are delegated to it by ordinance of the Commuter Rail Board with regard to such operation of facilities and the same exemptions, restrictions and limitations as are provided by law with regard to the Authority shall apply to such Corporation. Such Corporation shall be a transportation agency as provided in this Act except for purposes of paragraph (e) of Section 3.01 of this Act.
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(xiii) The Authority shall cooperate with the
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Illinois Commerce Commission and local law enforcement agencies in establishing a two year pilot program in DuPage County to determine the effectiveness of an automated railroad grade crossing enforcement system.
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(b) In each case in which this Act gives the Authority the power to
construct or acquire real or personal property, the Authority shall have
the power to acquire such property by contract, purchase, gift, grant,
exchange for other property or rights in property, lease (or sublease)
or installment or conditional purchase contracts, which leases or
contracts may provide for consideration therefor to be paid in annual
installments during a period not exceeding 40 years. Property may be
acquired subject to such conditions, restrictions, liens, or security or
other interests of other parties as the Authority may deem appropriate,
and in each case the Authority may acquire a joint, leasehold, easement,
license or other partial interest in such property. Any such acquisition
may provide for the assumption of, or agreement to pay, perform or
discharge outstanding or continuing duties, obligations or liabilities
of the seller, lessor, donor or other transferor of or of the trustee
with regard to such property. In connection with the acquisition of
public transportation equipment, including, but not limited to, rolling
stock, vehicles, locomotives, buses or rapid transit equipment, the
Authority may also execute agreements concerning such equipment leases,
equipment trust certificates, conditional purchase agreements and such
other security agreements and may make such agreements and covenants as
required, in the form customarily used in such cases appropriate to
effect such acquisition. Obligations of the Authority incurred pursuant
to this Section shall not be considered bonds or notes within the
meaning of Section 4.04 of this Act.
(c) The Authority shall assume all costs of rights, benefits and
protective conditions to which any employee is entitled under this Act
from any transportation agency in the event of the inability of the
transportation agency to meet its obligations in relation thereto due to
bankruptcy or insolvency, provided that the Authority shall retain the
right to proceed against the bankrupt or insolvent transportation agency
or its successors, trustees, assigns or debtors for the costs assumed.
The Authority may mitigate its liability under this paragraph (c) and
under Section 2.16 to the extent of employment and employment benefits
which it tenders.
(Source: P.A. 89‑454, eff. 5‑17‑96.)
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(70 ILCS 3615/2.30) Sec. 2.30. Paratransit services. (a) For purposes of this Act, "ADA paratransit services" shall mean those comparable or specialized transportation services provided by, or under grant or purchase of service contracts of, the Service Boards to individuals with disabilities who are unable to use fixed route transportation systems and who are determined to be eligible, for some or all of their trips, for such services under the Americans with Disabilities Act of 1990 and its implementing regulations. (b) Beginning July 1, 2005, the Authority is responsible for the funding, from amounts on deposit in the ADA Paratransit Fund established under Section 2.01d of this Act, financial review and oversight of all ADA paratransit services that are provided by the Authority or by any of the Service Boards. The Suburban Bus Board shall operate or provide for the operation of all ADA paratransit services by no later than July 1, 2006, except that this date may be extended to the extent necessary to obtain approval from the Federal Transit Administration of the plan prepared pursuant to subsection (c). (c) No later than January 1, 2006, the Authority, in collaboration with the Suburban Bus Board and the Chicago Transit Authority, shall develop a plan for the provision of ADA paratransit services and submit such plan to the Federal Transit Administration for approval. Approval of such plan by the Authority shall require the affirmative votes of 12
of the then Directors. The Suburban Bus Board, the Chicago Transit Authority and the Authority shall comply with the requirements of the Americans with Disabilities Act of 1990 and its implementing regulations in developing and approving such plan including, without limitation, consulting with individuals with disabilities and groups representing them in the community, and providing adequate opportunity for public comment and public hearings. The plan shall include the contents required for a paratransit plan pursuant to the Americans with Disabilities Act of 1990 and its implementing regulations. The plan shall also include, without limitation, provisions to: (1) maintain, at a minimum, the levels of ADA
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paratransit service that are required to be provided by the Service Boards pursuant to the Americans with Disabilities Act of 1990 and its implementing regulations;
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(2) transfer the appropriate ADA paratransit
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services, management, personnel, service contracts and assets from the Chicago Transit Authority to the Authority or the Suburban Bus Board, as necessary, by no later than July 1, 2006, except that this date may be extended to the extent necessary to obtain approval from the Federal Transit Administration of the plan prepared pursuant to this subsection (c);
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(3) provide for consistent policies throughout the
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metropolitan region for scheduling of ADA paratransit service trips to and from destinations, with consideration of scheduling of return trips on a "will‑call" open‑ended basis upon request of the rider, if practicable, and with consideration of an increased number of trips available by subscription service than are available as of the effective date of this amendatory Act;
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(4) provide that service contracts and rates, entered
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into or set after the approval by the Federal Transit Administration of the plan prepared pursuant to subsection (c) of this Section, with private carriers and taxicabs for ADA paratransit service are procured by means of an open procurement process;
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(5) provide for fares, fare collection and billing
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procedures for ADA paratransit services throughout the metropolitan region;
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(6) provide for performance standards for all ADA
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paratransit service transportation carriers, with consideration of door‑to‑door service;
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(7) provide, in cooperation with the Illinois
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Department of Transportation, the Illinois Department of Public Aid and other appropriate public agencies and private entities, for the application and receipt of grants, including, without limitation, reimbursement from Medicaid or other programs for ADA paratransit services;
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(8) provide for a system of dispatch of ADA
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paratransit services transportation carriers throughout the metropolitan region, with consideration of county‑based dispatch systems already in place as of the effective date of this amendatory Act;
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(9) provide for a process of determining eligibility
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for ADA paratransit services that complies with the Americans with Disabilities Act of 1990 and its implementing regulations;
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(10) provide for consideration of innovative methods
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to provide and fund ADA paratransit services; and
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(11) provide for the creation of one or more ADA
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advisory boards, or the reconstitution of the existing ADA advisory boards for the Service Boards, to represent the diversity of individuals with disabilities in the metropolitan region and to provide appropriate ongoing input from individuals with disabilities into the operation of ADA paratransit services.
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(d) All revisions and annual updates to the ADA
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paratransit services plan developed pursuant to subsection (c) of this Section, or certifications of continued compliance in lieu of plan updates, that are required to be provided to the Federal Transit Administration shall be developed by the Authority, in collaboration with the Suburban Bus Board and the Chicago Transit Authority, and the Authority shall submit such revision, update or certification to the Federal Transit Administration for approval. Approval of such revisions, updates or certifications by the Authority shall require the affirmative votes of 12 of the then Directors.
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(e) The Illinois Department of Transportation, the
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Illinois Department of Public Aid, the Authority, the Suburban Bus Board and the Chicago Transit Authority shall enter into intergovernmental agreements as may be necessary to provide funding and accountability for, and implementation of, the requirements of this Section.
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(f) By no later than April 1, 2007, the Authority shall
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develop and submit to the General Assembly and the Governor a funding plan for ADA paratransit services. Approval of such plan by the Authority shall require the affirmative votes of 12 of the then Directors. The funding plan shall, at a minimum, contain an analysis of the current costs of providing ADA paratransit services, projections of the long‑term costs of providing ADA paratransit services, identification of and recommendations for possible cost efficiencies in providing ADA paratransit services, and identification of and recommendations for possible funding sources for providing ADA paratransit services. The Illinois Department of Transportation, the Illinois Department of Public Aid, the Suburban Bus Board, the Chicago Transit Authority and other State and local public agencies as appropriate shall cooperate with the Authority in the preparation of such funding plan.
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(g) Any funds derived from the federal Medicaid program
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for reimbursement of the costs of providing ADA paratransit services within the metropolitan region shall be directed to the Authority and shall be used to pay for or reimburse the costs of providing such services.
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(h) Nothing in this amendatory Act shall be construed to
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conflict with the requirements of the Americans with Disabilities Act of 1990 and its implementing regulations.
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(Source: P.A. 94‑370, eff. 7‑29‑05; 95‑708, eff. 1‑18‑08.)
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(70 ILCS 3615/3.01) (from Ch. 111 2/3, par. 703.01)
Sec. 3.01. Board of Directors. The
corporate authorities and governing body of the Authority shall
be a Board consisting of 13 Directors until April 1, 2008, and 16 Directors thereafter, appointed as follows:
(a) Four Directors appointed by the Mayor of the City of
Chicago, with the advice and consent of the City Council of the City of
Chicago, and, only until April 1, 2008, a fifth director who shall be the Chairman of the Chicago
Transit Authority. After April 1, 2008, the Mayor of the City of Chicago, with the advice and consent of the City Council of the City of Chicago, shall appoint a fifth Director. The Directors appointed by the Mayor of the City of Chicago shall not be the Chairman or a Director of the Chicago Transit Authority. Each such Director shall reside in the City of Chicago.
(b) Four Directors appointed by the votes of a majority of the members of the Cook County Board
elected from districts, a majority of
the electors of which reside outside Chicago. After April 1, 2008, a fifth Director appointed by the President of the Cook County Board with the advice and consent of the members of the Cook County Board.
Each Director appointed under this subparagraph shall reside in that part of Cook County outside
Chicago.
(c) Until April 1, 2008, 3 Directors appointed by the Chairmen of the County Boards of DuPage, Kane, Lake, McHenry, and Will Counties, as follows:
(i) Two Directors appointed by the Chairmen of the
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county boards of Kane, Lake, McHenry and Will Counties, with the concurrence of not less than a majority of the Chairmen from such counties, from nominees by the Chairmen. Each such Chairman may nominate not more than 2 persons for each position. Each such Director shall reside in a county in the metropolitan region other than Cook or DuPage Counties.
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(ii) One Director appointed by the Chairman of the
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DuPage County Board with the advice and consent of the DuPage County Board. Such Director shall reside in DuPage County.
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(d) After April 1, 2008, 5 Directors appointed by the Chairmen of the County Boards of DuPage, Kane, Lake and McHenry Counties and the County Executive of Will County, as follows:
(i) One Director appointed by the Chairman of the
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Kane County Board with the advice and consent of the Kane County Board. Such Director shall reside in Kane County.
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(ii) One Director appointed by the County Executive
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of Will County with the advice and consent of the Will County Board. Such Director shall reside in Will County.
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(iii) One Director appointed by the Chairman of the
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DuPage County Board with the advice and consent of the DuPage County Board. Such Director shall reside in DuPage County.
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(iv) One Director appointed by the Chairman of the
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Lake County Board with the advice and consent of the Lake County Board. Such Director shall reside in Lake County.
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(v) One Director appointed by the Chairman of the
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McHenry County Board with the advice and consent of the McHenry County Board. Such Director shall reside in McHenry County.
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(vi) To implement the changes in appointing authority
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under this subparagraph (d) the three Directors appointed under subparagraph (c) and residing in Lake County, DuPage County, and Kane County respectively shall each continue to serve as Director until the expiration of their respective term of office and until his or her successor is appointed and qualified or a vacancy occurs in the office. Thereupon, the appointment shall be made by the officials given appointing authority with respect to the Director whose term has expired or office has become vacant.
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(e)
The Chairman serving on the effective date of this amendatory Act of the 95th General Assembly shall continue to serve as Chairman until the expiration of his or her term of office and until his or her successor is appointed and qualified or a vacancy occurs in the office. Upon the expiration or vacancy of the term of the Chairman then serving upon the effective date of this amendatory Act of the 95th General Assembly, the Chairman shall be appointed by the other Directors, by the affirmative vote of at least 11 of the then Directors with at least 2 affirmative votes from Directors who reside in the City of Chicago, at least 2 affirmative votes from Directors who reside in Cook County outside the City of Chicago, and at least 2 affirmative votes from Directors who reside in the Counties of DuPage, Lake, Will, Kane, or McHenry. The
chairman shall not be appointed from among the other Directors. The chairman
shall be a resident of the metropolitan region.
(f) Except as otherwise provided by this Act no Director
shall, while serving as such, be an officer,
a member of the Board of Directors or Trustees or an employee of any Service Board or transportation
agency, or be an employee of the State of Illinois or any department or
agency thereof, or of any unit of local government or receive any compensation
from any elected or appointed office under the Constitution and laws of
Illinois; except that a Director may be a member of a school board.
(g) Each appointment made under this Section and
under Section 3.03 shall be certified by the appointing authority to the
Board, which shall maintain the certifications as part of the official
records of the Authority.
(h) (Blank).
(Source: P.A. 95‑708, eff. 1‑18‑08.)
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(70 ILCS 3615/3A.02) (from Ch. 111 2/3, par. 703A.02)
Sec. 3A.02. Suburban Bus Board. The governing body of the Suburban
Bus Division shall be a board consisting of 13 directors appointed as follows:
(a) Six Directors appointed by the members of the
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Cook County Board elected from that part of Cook County outside of Chicago, or in the event such Board of Commissioners becomes elected from single member districts, by those Commissioners elected from districts, a majority of the residents of which reside outside of Chicago from the chief executive officers of the municipalities, of that portion of Cook County outside of Chicago. Provided however, that:
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(i) One of the Directors shall be the chief
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executive officer of a municipality within the area of the Northwest Region defined in Section 3A.13;
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(ii) One of the Directors shall be the chief
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executive officer of a municipality within the area of the North Central Region defined in Section 3A.13;
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(iii) One of the Directors shall be the chief
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executive officer of a municipality within the area of the North Shore Region defined in Section 3A.13;
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(iv) One of the Directors shall be the chief
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executive officer of a municipality within the area of the Central Region defined in Section 3A.13;
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(v) One of the Directors shall be the chief
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executive officer of a municipality within the area of the Southwest Region defined in Section 3A.13;
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(vi) One of the Directors shall be the chief
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executive officer of a municipality within the area of the South Region defined in Section 3A.13;
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(b) One Director by the Chairman of the Kane County
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Board who shall be a chief executive officer of a municipality within Kane County;
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(c) One Director by the Chairman of the Lake County
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Board who shall be a chief executive officer of a municipality within Lake County;
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(d) One Director by the Chairman of the DuPage County
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Board who shall be a chief executive officer of a municipality within DuPage County;
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(e) One Director by the Chairman of the McHenry
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County Board who shall be a chief executive officer of a municipality within McHenry County;
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(f) One Director by the Chairman of the Will County
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Board who shall be a chief executive officer of a municipality within Will County;
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(g) The Commissioner of the Mayor's Office for People
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with Disabilities, from the City of Chicago, who shall serve as an ex‑officio member; and
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(h) The Chairman by the Governor for the initial
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term, and thereafter by a majority of the Chairmen of the DuPage, Kane, Lake, McHenry and Will County Boards and the members of the Cook County Board elected from that part of Cook County outside of Chicago, or in the event such Board of Commissioners is elected from single member districts, by those Commissioners elected from districts, a majority of the electors of which reside outside of Chicago; and who after the effective date of this amendatory Act of the 95th General Assembly may not be a resident of the City of Chicago.
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Each appointment made under paragraphs (a) through (g) and under Section
3A.03 shall be certified by the appointing authority to the Suburban Bus
Board which shall maintain the certifications as part of the official records
of the Suburban Bus Board; provided that the initial appointments shall
be certified to the Secretary of State, who shall transmit the certifications
to the Suburban Bus Board following its organization.
For the purposes of this Section, "chief executive officer of a
municipality" includes a former chief executive officer of a municipality
within the specified Region or County, provided that the former officer
continues to reside within such Region or County.
(Source: P.A. 95‑906, eff. 8‑26‑08.)
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(70 ILCS 3615/3A.10) (from Ch. 111 2/3, par. 703A.10)
Sec. 3A.10. Budget and Program. The Suburban Bus Board, subject to
the powers of the Authority in Section 4.11, shall control the finances
of the Division. It shall by ordinance appropriate money to perform the
Division's purposes and provide for payment of debts and expenses of the
Division. Each year the Suburban Bus Board shall prepare and publish a comprehensive
annual budget and proposed five‑year capital
program document, and a financial plan for the 2 years
thereafter describing the state of the Division and presenting for the forthcoming
fiscal year and the 2 following years the Suburban Bus Board's plans for
such operations and capital expenditures as it intends to undertake and
the means by which it intends to finance them. The proposed budget,
financial plan, and five‑year capital program shall be based on the Authority's estimate of funds to be
made available to the Suburban Bus Board by or through the Authority and
shall conform in all respects to the requirements established by the Authority.
The proposed budget, financial plan, and five‑year capital program shall contain a statement of the funds estimated
to be on hand at the beginning of the fiscal year, the funds estimated to
be received from all sources for such year and the funds estimated to be
on hand at the end of such year. The fiscal year of the
Division shall be the same as the fiscal year of the Authority. Before
the proposed budget,
financial plan, and five‑year capital program
are submitted to the
Authority, the Suburban Bus Board shall hold at least one public hearing
thereon in each of the counties in the metropolitan region in which the
Division provides service. The Suburban Bus Board shall hold at least
one meeting for consideration of the proposed
budget, financial plan, and five‑year capital program with the
county board of each of the several counties in the metropolitan region
in which the Division provides service. After conducting such hearings
and holding such meetings and after making such changes in the proposed
budget, financial plan, and five‑year capital program as the Suburban Bus Board deems appropriate, it shall
adopt an annual budget ordinance at least by November 15 next preceding
the beginning of each fiscal year. The budget,
financial
plan, and five‑year capital program shall then be submitted to the Authority as provided in Section 4.11. In the event
that the Board of the Authority determines that the budget
and financial plan do not meet the standards of Section 4.11, the Suburban
Bus Board shall make such changes as are necessary to meet such requirements
and adopt an amended budget ordinance. The amended budget ordinance shall
be resubmitted to the Authority pursuant to Section 4.11. The ordinance
shall appropriate such sums of money as are deemed necessary to defray
all necessary expenses and obligations of the Division, specifying purposes
and the objects or programs for which appropriations are made and the amount
appropriated for each object or program. Additional appropriations, transfers
between items and other changes in such ordinance which do not alter the
basis upon which the balanced budget determination was made by the Board
of the Authority may be made from time to
time by the Suburban Bus Board.
The budget shall:
(i) show a balance between (A) anticipated revenues
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from all sources including operating subsidies and (B) the costs of providing the services specified and of funding any operating deficits or encumbrances incurred in prior periods, including provision for payment when due of principal and interest on outstanding indebtedness;
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(ii) show cash balances including the proceeds of any
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anticipated cash flow borrowing sufficient to pay with reasonable promptness all costs and expenses as incurred;
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(iii) provide for a level of fares or charges and
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operating or administrative costs for the public transportation provided by or subject to the jurisdiction of the Suburban Bus Board sufficient to allow the Suburban Bus Board to meet its required system generated revenues recovery ratio and, beginning with the 2007 fiscal year, its system generated ADA paratransit services revenue recovery ratio;
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(iv) be based upon and employ assumptions and
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projections which are reasonable and prudent;
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(v) have been prepared in accordance with sound
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financial practices as determined by the Board of the Authority;
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(vi) meet such other uniform financial, budgetary, or
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fiscal requirements that the Board of the Authority may by rule or regulation establish; and
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(vii) be consistent with the goals and objectives
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adopted by the Regional Transportation Authority in the Strategic Plan.
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(Source: P.A. 94‑370, eff. 7‑29‑05; 95‑708, eff. 1‑18‑08.)
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(70 ILCS 3615/3A.13) (from Ch. 111 2/3, par. 703A.13)
Sec. 3A.13.
Regions.
For purposes of this Article Regions are defined as follows:
(1) The North Shore Region includes all the territory, municipalities
and unincorporated areas of the County of Cook, State of Illinois, bounded
by: Lake Michigan from the Cook‑Lake County line southerly to the north
corporate limit of the City of Chicago; the north corporate limits of the
City of Chicago from Lake Michigan westerly to the east corporate limit
of the Village of Niles; the east corporate limits of the Village of Niles
from a point where the east
corporate limit of the Village of Niles meets both the south corporate limit
of the Village of Skokie and the north corporate limit of the City of Chicago
to the point where the north corporate limit of the Village of Niles crosses
the center of the right‑of‑way of Illinois Route 21 (Milwaukee Avenue);
the center of the right‑of‑way of Illinois Route 21 (Milwaukee Avenue) to
the point where the center of the right‑of‑way of Illinois Route 21 (Milwaukee
Avenue) meets the centerline of Interstate Route 294 (Tri‑State Tollway);
the center line of Interstate Route 294 (Tri‑State Tollway) from the center
of the right‑of‑way of Illinois Route 21 (Milwaukee Avenue) to the Cook‑Lake
County line; and the Cook‑Lake County line from the centerline of Interstate
Route 294 (Tri‑State Tollway) to Lake Michigan.
(2) The Northwest Region includes all the territory, municipalities and
unincorporated areas of the County of Cook, State of Illinois, bounded by:
the centerline of Interstate Route 294 (Tri‑State Tollway), from the Cook‑Lake
County line southerly to the point where the centerline of Interstate Route
294 (Tri‑State Tollway) meets the center of the right‑of‑way of Illinois
Route 21 (Milwaukee Avenue); the center of the right‑of‑way of Illinois
Route 21 (Milwaukee Avenue) from the centerline of Interstate Route 294
(Tri‑State Tollway) to the north corporate limit of the Village of Niles;
the north corporate limits of the Village of Niles, from the center of the
right‑of‑way of Illinois Route 21 (Milwaukee
Avenue) to the east corporate limit of the Village of Niles; the east corporate
limits of the Village of Niles from the north corporate limit of the Village
of Niles to the point where the east corporate limit of the Village of Niles
meets both the south corporate limit of the Village of Skokie and the north
corporate limit of the City of Chicago; the south corporate limits of the
Village of Niles from a point where the south corporate limit of the Village
of Niles meets both the north corporate limit of the City of Chicago and
the south corporate limit of the Village of Skokie westerly to the east
corporate limit of the City of Park Ridge, southerly along the east corporate
limits of the City of Park Ridge to the centerline of Higgins Road, westerly
along the center of the right‑of‑way of Higgins Road to the east corporate
limit of the Village of Rosemont, northerly to the south corporate limit
of the City of Des Plaines, westerly and northerly along the north and east
corporate limits of the Village of Rosemont to the west corporate limit of the Village
of Rosemont, southerly along the west corporate limit of the City of Chicago,
westerly along the north corporate limit of the City of Chicago to the east
corporate limit of the Village of Elk Grove Village, southerly along the
east corporate limit of the Village of Elk Grove Village to the Cook‑DuPage
County line, and westerly along the Cook‑DuPage County line to the Cook‑Kane
County line; the Cook‑Kane County line from the Cook‑DuPage County line
to the Cook‑McHenry County line; the Cook‑McHenry County line, from the
Cook‑Kane County line to the Cook‑Lake
County line; and the Cook‑Lake County line from the Cook‑McHenry County
line to the centerline of Interstate Route 294 (Tri‑State Tollway).
(3) The North Central Region includes all the territory, municipalities
and unincorporated areas of the County of Cook, State of Illinois, bounded
by: the west corporate limits of the City of Chicago from the north corporate
limit of the Village of Schiller Park southerly to the south corporate limit
of the City of Oak Park; the north and west corporate limits of the City
of Berwyn from the west corporate limit of the City of Chicago westerly
and southerly to the south corporate limit of the Village of North Riverside,
the south corporate limits of the
Village of North Riverside from the west corporate limit of the City of
Berwyn westerly to the center of Salt Creek, the center of Salt Creek from
the south corporate limit of the Village of North Riverside westerly to
the east corporate limit of the Village of Westchester, the east and south
corporate limits of the Village of Westchester from the center of Salt Creek
to the west corporate limit of the Village of LaGrange Park, the west corporate
limits of LaGrange Park from the south corporate limit of the Village of
Westchester to the center of Salt Creek, the center of Salt Creek from the
west corporate limit of the Village of LaGrange Park to the Cook‑DuPage County
line; the Cook‑DuPage County line from the center of Salt Creek northerly
to the south corporate limit of the City of Chicago; the south corporate
limits of the City of Chicago from the Cook‑DuPage County line northeasterly
to the north corporate limit of the Village of Schiller Park; and the north
corporate limit of the Village of Schiller Park from the south corporate
limit of the City of Chicago to the east corporate limit of the Village
of Schiller Park. Also included in the North Central Region are the territories
within the corporate limits of the Village of Rosemont, the Village of Norridge,
the Village of Harwood
Heights and the unincorporated areas of Norwood Park Township.
(4) The Central Region includes all the territory, municipalities and
unincorporated areas of the County of Cook, State of Illinois, bounded by:
the west corporate limits of the City of Chicago from the corporate limit
of the City of Chicago at Roosevelt Road southerly to the north corporate
limit of the Village of Bedford Park; the north and west corporate limits
of the Village of Bedford Park from the west corporate limit of the City
of Chicago westerly and southerly to the north corporate limit of the Village
of Justice; the west corporate limits of the Village of Justice from the
south corporate limit of the Village of Bedford Park southerly to the north
corporate limit of the Village of Willow Springs; the west and north corporate
limits of the Village of Willow Springs southerly and westerly to the west
corporate limit of the Village of Willow Springs (near the intersection
of 79th Street and Howard Street); the center of the right‑of‑way of 79th
Street from the west corporate limit of the Village of Willow Springs westerly
to the Cook‑DuPage County line; the Cook‑DuPage County line from the center
of the right‑of‑way of
79th Street northerly to the center of Salt Creek; the center of Salt Creek
from the Cook‑DuPage County line easterly to the west corporate limit of
the Village of LaGrange Park; the west corporate limits of the Village of
LaGrange Park from the center of Salt Creek northerly to the south corporate
limit of the Village of Westchester; the south and east corporate limits
of the Village of Westchester from the west corporate limit
of the Village of LaGrange Park easterly and northerly to the center of Salt
Creek; the center of Salt Creek from the east corporate limit of the Village
of Westchester easterly to the north corporate limit of the Village of Brookfield;
the north and east corporate limits of the Village of Brookfield from the
center of Salt Creek easterly and southerly to the north corporate limit
of the Village of Riverside; the north and west corporate limits of the
Village of Riverside from the east corporate limit of the Village of Brookfield
easterly and northerly to the west corporate limit of the City of Berwyn;
the west and north corporate limits of the City of Berwyn from the south
corporate limit of the Village of North Riverside northerly and easterly
to the west corporate limit of the Town of Cicero; and the north corporate
limits of the Town of Cicero from the east corporate limit of the City of
Berwyn easterly to the west corporate limit of the City of Chicago.
Notwithstanding any provision of this Act to the contrary, the Village of
Willow Springs is included
in the Central Region as of the effective date of this amendatory Act of the
93rd General
Assembly.
(5) The Southwest Region includes all the territory, municipalities and
unincorporated areas of the County of Cook, State of Illinois, bounded by:
the west corporate limits of the City of Chicago from the north corporate
limit of the Village of Bedford Park (at Illinois 50‑Cicero Avenue) southerly
to the north corporate limit of the City of Blue Island (at Maplewood Street);
the north and west corporate limits of the City of Blue Island from the
west corporate limit of the City of Chicago (at Maplewood Street) westerly and
southerly to the east corporate limit of the Village of Robbins; the north
and west corporate limits of the Village of Robbins from the west corporate
limit of the City of Blue Island westerly and southerly to the north corporate
limit of the Village Midlothian; the north and west corporate limits of
the Village of Midlothian from the west corporate limit of the Village of
Robbins westerly and southerly to the north corporate limits of the Village
of Oak Forest; the north and west corporate limits of the Village of Oak
Forest from the west corporate limit of the Village of Midlothian westerly
and southerly to the north corporate limit of the Village of Tinley Park;
the north and west corporate limits of the Village of Tinley Park from the
west corporate limit of the Village of Oak Forest westerly and southerly
to the Cook‑Will County line; the Cook‑Will County line from the west corporate
limit of the Village of Tinley Park westerly to the Norfolk and Western
Railroad tracks; the Cook‑Will County line from the
Norfolk and Western Railroad tracks northerly and westerly to the Cook‑DuPage County
line; the Cook‑DuPage County line from the Cook‑Will County line to the
center of the right‑of‑way of 79th Street; the center of the right‑of‑way
of 79th Street from the Cook‑DuPage County line easterly to the west corporate
limit of the Village of Willow Springs; the north and west corporate limits
of the Village of Willow Springs from the center of the right‑of‑way of
79th Street easterly and northerly to the south corporate limit of the Village
of Hodgkins; the south and east corporate limits of the Village of Hodgkins
from the north corporate limit of the Village of Willow Springs northeasterly
to the south corporate limit of the Village of Bedford Park; and the west
and north corporate limits of the Village of Bedford Park from the north
corporate limit of the Village of Justice northerly and easterly to the
west corporate limit of the City of Chicago (at Illinois Route 50‑Cicero Avenue).
Notwithstanding any provision of this Act to the contrary, the Village of
Willow Springs is excluded
from the Southwest Region as of the effective date of this amendatory Act of
the 93rd General
Assembly.
(6) The South Region includes all the territory, municipalities and
unincorporated
areas of the County of Cook, State of Illinois, bounded by: the
Illinois‑Indiana
State line from the south corporate limit of the City of Chicago southerly
to the Cook‑Will County line; the Cook‑Will County line from the
Illinois‑Indiana
State line westerly and northerly to the west corporate limit of the Village
of Tinley Park; the west and north corporate limits of the Village of Tinley
Park from the Cook‑Will County line northerly and easterly to the
west corporate limit of the Village of Oak Forest; the west and north
corporate limits of the Village of Oak Forest from the north corporate limit
of the Village of Tinley Park northerly and easterly to the west corporate
limit of the Village of Midlothian; the west and north corporate limits
of the Village of Midlothian from the north corporate limit of the Village
of Oak Forest northerly and easterly to the west corporate limit of the
Village of Robbins; the west and north corporate limits of the Village of
Robbins from the north corporate limit of the Village of Midlothian northerly
and easterly to the west corporate limit of the City of Blue Island; the
west and north corporate limits of the City of Blue Island from the north
corporate limit of the Village of Robbins northerly and easterly to the west corporate
limit of the City of Chicago (at Maplewood Street); and the south corporate
limits of the City of Chicago from the west corporate limit of the City
of Chicago (at Maplewood Street) to the Illinois‑Indiana State line.
(Source: P.A. 93‑158, eff. 7‑10‑03.)
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(70 ILCS 3615/3B.02) (from Ch. 111 2/3, par. 703B.02)
Sec. 3B.02. Commuter Rail Board. (a) Until April 1, 2008, the
governing body of the Commuter
Rail Division shall be a board consisting of 7 directors appointed pursuant
to Sections 3B.03 and 3B.04, as follows:
(1) One director shall be appointed by the Chairman
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of the Board of DuPage County with the advice and consent of the County Board of DuPage County and shall reside in DuPage County.
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(2) Two directors appointed by the Chairmen of the
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County Boards of Kane, Lake, McHenry and Will Counties with the concurrence of not less than a majority of the chairmen from such counties, from nominees by the Chairmen. Each such chairman may nominate not more than two persons for each position. Each such director shall reside in a county in the metropolitan region other than Cook or DuPage County.
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(3) Three directors appointed by the members of the
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Cook County Board elected from that part of Cook County outside of Chicago, or, in the event such Board of Commissioners becomes elected from single member districts, by those Commissioners elected from districts, a majority of the residents of which reside outside Chicago. In either case, such appointment shall be with the concurrence of four such Commissioners. Each such director shall reside in that part of Cook County outside Chicago.
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(4) One director appointed by the Mayor of the City
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of Chicago, with the advice and consent of the City Council of the City of Chicago. Such director shall reside in the City of Chicago.
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(5) The chairman shall be appointed by the directors,
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from the members of the board, with the concurrence of 5 of such directors.
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(b) After April 1, 2008 the governing body of the Commuter Rail Division shall be a board consisting of 11 directors appointed, pursuant to Sections 3B.03 and 3B.04, as follows:
(1) One Director shall be appointed by the Chairman
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of the DuPage County Board with the advice and consent of the DuPage County Board and shall reside in DuPage County. To implement the changes in appointing authority under this Section, upon the expiration of the term of or vacancy in office of the Director appointed under item (1) of subsection (a) of this Section who resides in DuPage County, a Director shall be appointed under this subparagraph.
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(2) One Director shall be appointed by the Chairman
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of the McHenry County Board with the advice and consent of the McHenry County Board and shall reside in McHenry County. To implement the change in appointing authority under this Section, upon the expiration of the term of or vacancy in office of the Director appointed under item (2) of subsection (a) of this Section who resides in McHenry County, a Director shall be appointed under this subparagraph.
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(3) One Director shall be appointed by the Will
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County Executive with the advice and consent of the Will County Board and shall reside in Will County. To implement the change in appointing authority under this Section, upon the expiration of the term of or vacancy in office of the Director appointed under item (2) of subsection (a) of this Section who resides in Will County, a Director shall be appointed under this subparagraph.
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(4) One Director shall be appointed by the Chairman
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of the Lake County Board with the advice and consent of the Lake County Board and shall reside in Lake County.
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(5) One Director shall be appointed by the Chairman
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of the Kane County Board with the advice and consent of the Kane County Board and shall reside in Kane County.
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(6) One Director shall be appointed by the Mayor of
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the City of Chicago with the advice and consent of the City Council of the City of Chicago and shall reside in the City of Chicago. To implement the changes in appointing authority under this Section, upon the expiration of the term of or vacancy in office of the Director appointed under item (4) of subsection (a) of this Section who resides in the City of Chicago, a Director shall be appointed under this subparagraph.
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(7) Five Directors residing in Cook County outside of
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the City of Chicago, as follows:
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(i) One Director who resides in Cook County
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outside of the City of Chicago, appointed by the President of the Cook County Board with the advice and consent of the members of the Cook County Board.
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(ii) One Director who resides in the township of
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Barrington, Palatine, Wheeling, Hanover, Schaumburg, or Elk Grove. To implement the changes in appointing authority under this Section, upon the expiration of the term of or vacancy in office of the Director appointed under paragraph (3) of subsection (a) of this Section who resides in the geographic area described in this subparagraph, a Director shall be appointed under this subparagraph.
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(iii) One Director who resides in the township of
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Northfield, New Trier, Maine, Niles, Evanston, Leyden, Norwood Park, River Forest, or Oak Park.
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(iv) One Director who resides in the township of
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Proviso, Riverside, Berwyn, Cicero, Lyons, Stickney, Lemont, Palos, or Orland. To implement the changes in appointing authority under this Section, upon the expiration of the term of or vacancy in office of the Director appointed under paragraph (3) of subsection (a) of this Section who resides in the geographic area described in this subparagraph and whose term of office had not expired as of August 1, 2007, a Director shall be appointed under this subparagraph.
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(v) One Director who resides in the township of
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Worth, Calumet, Bremen, Thornton, Rich, or Bloom. To implement the changes in appointing authority under this Section, upon the expiration of the term of or vacancy in office of the Director appointed under paragraph (3) of subsection (a) of this Section who resides in the geographic area described in this subparagraph and whose term of office had expired as of August 1, 2007, a Director shall be appointed under this subparagraph.
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(vi) The Directors identified under the
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provisions of subparagraphs (ii) through (v) of this paragraph (7) shall be appointed by the members of the Cook County Board. Each individual Director shall be appointed by those members of the Cook County Board whose Board districts overlap in whole or in part with the geographic territory described in the relevant subparagraph. The vote of County Board members eligible to appoint directors under the provisions of subparagraphs (ii) through (v) of this paragraph (7) shall be weighted by the number of electors residing in those portions of their Board districts within the geographic territory described in the relevant subparagraph (ii) through (v) of this paragraph (7).
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(8) The Chairman shall be appointed by the Directors,
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from the members of the Board, with the concurrence of 8 of such Directors. To implement the changes in appointing authority under this Section, upon the expiration of the term of or vacancy in office of the Chairman appointed under item (5) of subsection (a) of this Section, a Chairman shall be appointed under this subparagraph.
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(c) No director, while serving as such, shall be an officer, a member of the
board of directors or trustee or an employee of any transportation agency,
or be an employee of the State of Illinois or any department or agency thereof,
or of any unit of local government or receive any compensation from any
elected or appointed office under the Constitution and laws of Illinois.
(d) Each appointment made under subsections (a) and (b) of this Section
and under Section
3B.03 shall be certified by the appointing authority to the Commuter Rail Board
which shall maintain the certifications as part of the official records
of the Commuter Rail Board.
(Source: P.A. 95‑708, eff. 1‑18‑08.)
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(70 ILCS 3615/3B.10) (from Ch. 111 2/3, par. 703B.10)
Sec. 3B.10. Budget and Program. The Commuter Rail Board, subject to
the powers of the Authority in Section 4.11, shall control the finances
of the Division. It shall by ordinance appropriate money to perform the
Division's purposes and provide for payment of debts and expenses of the
Division. Each year the Commuter Rail Board shall prepare and publish a
comprehensive annual budget and proposed five‑year capital
program document, and a financial plan for
the two years thereafter describing the state of the Division and presenting
for the forthcoming fiscal year and the two following years the Commuter
Rail Board's plans for such operations and capital expenditures as the Commuter
Rail Board intends to undertake and the means by which it intends to finance
them. The proposed budget,
financial plan, and five‑year capital program shall be based on the Authority's
estimate of funds to be made available to the Commuter Rail Board by or through
the Authority and shall conform in all respects to the requirements established
by the Authority. The proposed budget, financial plan, and five‑year capital program shall contain a statement
of the funds estimated to be on hand at the beginning of the fiscal year,
the funds estimated to be received from all sources for such year and the
funds estimated to be on hand at the end of such year.
The fiscal year of the Division shall be the same as the fiscal
year of the Authority. Before the proposed budget,
financial
plan, and five‑year capital program are submitted to the Authority, the Commuter Rail Board shall hold
at least one public hearing thereon in each of the counties in the metropolitan
region in which the Division provides service. The Commuter Rail Board
shall hold at least one meeting for consideration of the proposed budget, financial plan, and five‑year capital plan with the county board of each of the several counties in the
metropolitan region in which the Division provides service. After conducting
such hearings and holding such meetings and after making such changes in
the proposed budget, financial plan, and five‑year capital plan
as the Commuter Rail Board deems appropriate,
the board shall adopt its annual budget ordinance at least by November 15 next
preceding
the beginning of each fiscal year. The budget,
financial
plan, and five‑year capital program
shall then be submitted to the Authority as provided in Section 4.11.
In the event that the Board of the Authority determines that the budget
and program, and financial plan do not meet the standards of Section 4.11,
the Commuter Rail Board shall make such changes as are necessary to meet
such requirements and adopt an amended budget ordinance. The amended budget
ordinance shall be resubmitted to the Authority pursuant to Section 4.11. The ordinance
shall appropriate such sums of money as are deemed necessary to defray all
necessary expenses and obligations of the Division, specifying purposes
and the objects or programs for which appropriations are made and the amount
appropriated for each object or program. Additional appropriations, transfers
between items and other changes in such ordinance which do not alter the
basis upon which the balanced budget determination was made by the Board
of the Authority may be made from time to time by the Commuter Rail Board.
The budget shall:
(i) show a balance between (A) anticipated revenues
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from all sources including operating subsidies and (B) the costs of providing the services specified and of funding any operating deficits or encumbrances incurred in prior periods, including provision for payment when due of principal and interest on outstanding indebtedness;
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(ii) show cash balances including the proceeds of any
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anticipated cash flow borrowing sufficient to pay with reasonable promptness all costs and expenses as incurred;
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(iii) provide for a level of fares or charges for the
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public transportation provided by or subject to the jurisdiction of such Commuter Rail Board sufficient to allow the Commuter Rail Board to meet its required system generated revenue recovery ratio;
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(iv) be based upon and employ assumptions and
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projections which the Board of the Authority finds to be reasonable and prudent;
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(v) have been prepared in accordance with sound
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financial practices as determined by the Board of the Authority;
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(vi) meet such other uniform financial, budgetary, or
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fiscal requirements that the Board of the Authority may by rule or regulation establish; and
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(vii) be consistent with the goals and objectives
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adopted by the Regional Transportation Authority in the Strategic Plan.
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(Source: P.A. 95‑708, eff. 1‑18‑08.)
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(70 ILCS 3615/4.01) (from Ch. 111 2/3, par. 704.01)
Sec. 4.01. Budget and Program.
(a) The Board shall control the finances
of the Authority. It shall by ordinance adopted by the affirmative vote of at least 12 of its then Directors (i) appropriate money to perform the
Authority's purposes and provide for payment of debts and expenses of
the Authority, (ii) take action with respect to the budget and two‑year financial plan of each Service Board, as provided in Section 4.11, and (iii) adopt an Annual Budget and Two‑Year Financial Plan for the Authority that includes the annual budget and two‑year financial plan of each Service Board that has been approved by the Authority. The Annual Budget and Two‑Year Financial Plan
shall contain a statement
of the funds estimated to be on hand for the Authority and each Service Board at the beginning of the fiscal
year, the funds estimated to be received from all sources for such year, the estimated expenses and obligations of the Authority and each Service Board for all purposes, including expenses for contributions to be made with respect to pension and other employee benefits,
and the funds estimated to be on hand at the end of such year. The fiscal year of the Authority and each Service Board shall
begin on January 1st and end on the succeeding December 31st.
By July 1st of each year the Director of the
Illinois
Governor's Office of Management and Budget (formerly Bureau of the
Budget) shall submit
to the Authority an estimate of revenues for the next fiscal year of the Authority to be
collected from the taxes imposed by the Authority and the amounts to be
available in the Public Transportation Fund and the Regional Transportation
Authority Occupation and Use Tax Replacement Fund and the amounts otherwise to be appropriated by the State to the Authority for its purposes. The Authority shall file a copy of its Annual Budget and Two‑Year Financial Plan with
the
General Assembly and the Governor after its adoption. Before the proposed Annual Budget and Two‑Year Financial Plan
is adopted, the Authority
shall hold at least one public hearing thereon
in the metropolitan region, and shall meet
with the county board or its designee of
each of the several counties in the metropolitan region. After conducting
such hearings and holding such meetings and after making such changes
in the proposed Annual Budget and Two‑Year Financial Plan
as the Board deems appropriate, the
Board shall adopt its annual appropriation and Annual Budget and Two‑Year Financial Plan
ordinance. The ordinance may be adopted
only upon the affirmative votes of 12
of its then Directors. The
ordinance shall appropriate such sums of money as are deemed necessary
to defray all necessary expenses and obligations of the Authority,
specifying purposes and the objects or programs for which appropriations
are made and the amount appropriated for each object or program.
Additional appropriations, transfers between items and other changes in
such ordinance may be made from time to time by the Board upon the
affirmative votes of 12
of its then Directors.
(b) The Annual Budget and Two‑Year Financial Plan
shall show a balance between anticipated revenues from
all sources and anticipated expenses including funding of operating deficits
or the discharge of encumbrances incurred in prior periods and payment of
principal and interest when due, and shall show cash balances sufficient
to pay with reasonable promptness all obligations and expenses as incurred.
The Annual Budget and Two‑Year Financial Plan
must show: (i) that the level of fares and charges for mass
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transportation provided by, or under grant or purchase of service contracts of, the Service Boards is sufficient to cause the aggregate of all projected fare revenues from such fares and charges received in each fiscal year to equal at least 50% of the aggregate costs of providing such public transportation in such fiscal year. "Fare revenues" include the proceeds of all fares and charges for services provided, contributions received in connection with public transportation from units of local government other than the Authority, except for contributions received by the Chicago Transit Authority from a real estate transfer tax imposed under subsection (i) of Section 8‑3‑19 of the Illinois Municipal Code, and from the State pursuant to subsection (i) of Section 2705‑305 of the Department of Transportation Law (20 ILCS 2705/2705‑305), and all other operating revenues properly included consistent with generally accepted accounting principles but do not include: the proceeds of any borrowings, and, beginning with the 2007 fiscal year, all revenues and receipts, including but not limited to fares and grants received from the federal, State or any unit of local government or other entity, derived from providing ADA paratransit service pursuant to Section 2.30 of the Regional Transportation Authority Act. "Costs" include all items properly included as operating costs consistent with generally accepted accounting principles, including administrative costs, but do not include: depreciation; payment of principal and interest on bonds, notes or other evidences of obligation for borrowed money issued by the Authority; payments with respect to public transportation facilities made pursuant to subsection (b) of Section 2.20 of this Act; any payments with respect to rate protection contracts, credit enhancements or liquidity agreements made under Section 4.14; any other cost to which it is reasonably expected that a cash expenditure will not be made; costs for passenger security including grants, contracts, personnel, equipment and administrative expenses, except in the case of the Chicago Transit Authority, in which case the term does not include costs spent annually by that entity for protection against crime as required by Section 27a of the Metropolitan Transit Authority Act; the payment by the Chicago Transit Authority of Debt Service, as defined in Section 12c of the Metropolitan Transit Authority Act, on bonds or notes issued pursuant to that Section; the payment by the Commuter Rail Division of debt service on bonds issued pursuant to Section 3B.09; expenses incurred by the Suburban Bus Division for the cost of new public transportation services funded from grants pursuant to Section 2.01e of this amendatory Act of the 95th General Assembly for a period of 2 years from the date of initiation of each such service; costs as exempted by the Board for projects pursuant to Section 2.09 of this Act; or, beginning with the 2007 fiscal year, expenses related to providing ADA paratransit service pursuant to Section 2.30 of the Regional Transportation Authority Act; and in fiscal years 2008 through 2012 inclusive, costs in the amount of $200,000,000 in fiscal year 2008, reducing by $40,000,000 in each fiscal year thereafter until this exemption is eliminated; and
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(ii) that the level of fares charged for ADA
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paratransit services is sufficient to cause the aggregate of all projected revenues from such fares charged and received in each fiscal year to equal at least 10% of the aggregate costs of providing such ADA paratransit services. For purposes of this Act, the percentages in this subsection (b)(ii) shall be referred to as the "system generated ADA paratransit services revenue recovery ratio". For purposes of the system generated ADA paratransit services revenue recovery ratio, "costs" shall include all items properly included as operating costs consistent with generally accepted accounting principles. However, the Board may exclude from costs an amount that does not exceed the allowable "capital costs of contracting" for ADA paratransit services pursuant to the Federal Transit Administration guidelines for the Urbanized Area Formula Program.
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(c) The actual administrative expenses of the Authority for the fiscal
year commencing January 1, 1985 may not exceed $5,000,000.
The actual administrative expenses of the Authority for the fiscal year
commencing January 1, 1986, and for each fiscal year thereafter shall not
exceed the maximum administrative expenses for the previous fiscal year plus
5%. "Administrative
expenses" are defined for purposes of this Section as all expenses except:
(1) capital expenses and purchases of the Authority on behalf of the Service
Boards; (2) payments to Service Boards; and (3) payment of principal
and interest on bonds, notes or other evidence of obligation for borrowed
money issued by the Authority; (4) costs for passenger security including
grants, contracts, personnel, equipment and administrative expenses; (5)
payments with respect to public transportation facilities made pursuant to
subsection (b) of Section 2.20 of this Act; and (6) any payments with
respect to rate protection contracts, credit enhancements or liquidity
agreements made pursuant to Section 4.14.
(d) This subsection applies only until the Department begins administering and enforcing an increased tax under Section 4.03(m) as authorized by this amendatory Act of the 95th General Assembly. After withholding 15% of the proceeds of any tax imposed by the
Authority and 15% of money received by the Authority from the Regional
Transportation Authority Occupation and Use Tax Replacement Fund,
the Board shall allocate the proceeds and money remaining to the Service
Boards as follows: (1) an amount equal to 85% of the proceeds of those
taxes collected within the City of Chicago and 85% of the money received by
the Authority on account of transfers to the Regional Transportation
Authority Occupation and Use Tax Replacement Fund from the County and Mass
Transit District Fund attributable to retail sales within the City of
Chicago shall be allocated to the Chicago Transit
Authority; (2) an amount equal to 85% of the proceeds of those taxes
collected within Cook County outside the City of Chicago and 85% of the
money received by the Authority on account of transfers to the Regional
Transportation Authority Occupation and Use Tax Replacement Fund from the
County and Mass Transit District Fund attributable to retail sales within
Cook County outside of the city of Chicago shall be allocated
30% to the Chicago Transit Authority, 55% to the Commuter Rail Board and
15% to the Suburban Bus Board; and (3) an amount equal to 85% of the
proceeds of the taxes collected within the Counties of DuPage, Kane, Lake,
McHenry and Will shall be allocated 70% to the Commuter Rail Board and 30%
to the Suburban Bus Board.
(e) This subsection applies only until the Department begins administering and enforcing an increased tax under Section 4.03(m) as authorized by this amendatory Act of the 95th General Assembly. Moneys received by the Authority on account of transfers to the
Regional Transportation Authority Occupation and Use Tax Replacement Fund
from the State and Local Sales Tax Reform Fund shall be
allocated among the Authority and the Service Boards as follows: 15% of
such moneys shall be retained by the Authority and the remaining 85%
shall be transferred to the Service Boards as soon as may be
practicable after the Authority receives payment. Moneys which are
distributable to the Service Boards pursuant to the preceding sentence
shall be allocated among the Service Boards on the basis of each Service
Board's distribution ratio. The term "distribution ratio" means,
for purposes of this subsection (e) of this Section 4.01, the ratio of
the total amount distributed to a Service Board pursuant to subsection (d)
of Section 4.01 for the immediately preceding calendar year to the total
amount distributed to all of the Service Boards pursuant to subsection (d)
of Section 4.01 for the immediately preceding calendar year.
(f) To carry out its duties and responsibilities under this Act,
the Board shall employ staff which shall: (1) propose for adoption by the Board of the Authority rules for the Service Boards that establish (i) forms and schedules to be used and information required to be provided with respect to a five‑year capital program, annual budgets, and two‑year financial plans and regular reporting of actual results against adopted budgets and financial plans, (ii) financial practices to be followed in the budgeting and expenditure of public funds, (iii) assumptions and projections that must be followed in preparing and submitting its annual budget and two‑year financial plan or a five‑year capital program; (2) evaluate for
the Board public transportation programs operated or proposed by
the Service Boards and
transportation agencies in terms of the goals and objectives set out in the Strategic Plan; (3)
keep the Board and the public informed of the extent to which the Service Boards and transportation agencies are meeting the goals and objectives adopted by the Authority in the Strategic Plan; and (4) assess the efficiency or adequacy of public transportation services provided by a Service Board and make recommendations for change in that service
to the end that the moneys
available to the Authority may be
expended in the most economical manner possible with the least possible
duplication.
(g) All
Service Boards, transportation agencies, comprehensive planning agencies, including the Chicago Metropolitan Agency for Planning, or
transportation planning agencies in the metropolitan region shall
furnish to the Authority
such information pertaining to public
transportation or relevant for plans therefor as it may from time to time
require. The Executive Director, or his or her designee, shall, for the purpose of
securing any such information necessary or appropriate to carry out any of the powers and responsibilities of the Authority under this Act, have access to, and the right to examine, all
books, documents, papers or records of a Service Board or any transportation
agency receiving funds from the Authority
or Service Board, and such Service Board or transportation agency shall comply with any request by the Executive Director, or his or her designee, within 30 days or an extended time provided by the Executive Director.
(h) No Service Board shall undertake any capital improvement which is not identified in the Five‑Year Capital Program.
(Source: P.A. 94‑370, eff. 7‑29‑05; 95‑708, eff. 1‑18‑08; 95‑906, eff. 8‑26‑08.)
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(70 ILCS 3615/4.03.1) (from Ch. 111 2/3, par. 704.03.1)
Sec. 4.03.1.
(a) The Board may impose a tax upon all persons engaged in
the business of renting automobiles in the metropolitan region at the rate
of not to exceed 1% of the gross receipts from such business within Cook
County and not to exceed 1/4% of the gross receipts from such business
within the Counties of DuPage, Kane, Lake, McHenry and Will. The tax imposed
pursuant to this paragraph and all civil penalties that may be assessed
as an incident thereof shall be collected and enforced by the State Department
of Revenue. The certificate of registration which is issued by the Department
to a retailer under the Retailers' Occupation Tax Act or under the Automobile Renting Occupation and Use Tax
Act shall permit such
person to engage in a business which is taxable under any ordinance or
resolution
enacted pursuant to this paragraph without registering separately with the
Department under such ordinance or resolution or under this paragraph. The
Department shall have full power to administer and enforce this
paragraph; to collect all taxes and penalties due hereunder; to dispose
of taxes and penalties so collected in the manner hereinafter provided,
and to determine all rights to credit memoranda, arising on account of the
erroneous payment of tax or penalty hereunder. In the administration of,
and compliance with, this paragraph, the Department and persons who are
subject to this paragraph shall have the same rights, remedies, privileges,
immunities, powers and duties, and be subject to the same conditions, restrictions,
limitations, penalties and definitions of terms, and employ the same modes
of procedure, as are prescribed in Sections 2 and 3 (in respect to all
provisions
therein other than the State rate of tax; and with relation to the provisions
of the Retailers' Occupation Tax referred to therein, except as to
the
disposition of taxes and penalties collected, and except for the provision
allowing retailers a deduction from the tax cover certain costs, and except
that credit memoranda issued hereunder may not be used to discharge any
State tax liability) of the Automobile Renting Occupation and Use Tax
Act as fully as if provisions contained in those Sections
of said Act were set forth herein. Persons subject to any tax imposed pursuant
to the authority granted in this paragraph may reimburse themselves for
their tax liability hereunder by separately stating such tax as an additional
charge, which charge may be stated in combination, in a single amount, with
State tax which sellers are required to collect under the Automobile
Renting
Occupation and Use Tax Act pursuant to such bracket schedules as the
Department
may prescribe. Nothing in this paragraph shall be construed to authorize
the Authority to impose a tax upon the privilege of engaging in any business
which under the Constitution of the United States may not be made
the subject
of taxation by this State.
(b) The Board may impose a tax upon the privilege of using, in the
metropolitan
region an automobile which is rented from a renter outside Illinois, and
which is titled or registered with an agency of this State's government,
at a rate not to exceed 1% of the rental price of such automobile within
the County of Cook, and not to exceed 1/4% of the rental price within the
counties of DuPage, Kane, Lake, McHenry and Will. Such tax shall be collected
from persons whose Illinois address for titling or registration purposes
is given as being in the
metropolitan region. Such tax shall be collected by the Department of Revenue
for the Regional Transportation Authority. Such tax must be paid to the
State, or an exemption determination must be obtained from the Department
of Revenue, before the title or certificate of registration for the property
may be issued. The tax or proof of exemption may be transmitted to the Department
by way of the State agency with which, or State officer with whom, the tangible
personal property must be titled or registered if the Department and such
agency or State officer determine that this procedure will expedite the
processing of applications for title or registration. The Department shall
have full power to administer and enforce this paragraph; to collect all
taxes, penalties and interest due hereunder; to dispose of taxes, penalties
and interest so collected in the manner hereinafter provided, and to determine
all rights to credit memoranda or refunds arising on account of the erroneous
payment of tax, penalty or interest hereunder. In the administration of,
and compliance with, this paragraph, the Department and persons who are
subject to this paragraph shall have the same rights, remedies, privileges,
immunities, powers and duties, and be subject to the same conditions, restrictions,
limitations, penalties and definitions of terms, and employ the same modes
of procedure, as are prescribed in Sections 2 and 4 (except provisions pertaining
to the State rate of tax; and with relation to the provisions of the Use
Tax Act referred to therein, except provisions concerning collection or
refunding of the tax by retailers, and except the provisions of Section 19
pertaining to claims by retailers and except the last paragraph concerning
refunds, and except that credit memoranda issued hereunder may not be used
to discharge any State tax liability) of the Automobile Renting Occupation
and Use Tax Act which are not inconsistent with
this paragraph, as fully as if provisions contained in those Sections of
said Act were set forth herein.
(c) Whenever the Department determines that a refund should be made under
this Section to a claimant instead of issuing a credit memorandum, the
Department
shall notify the State Comptroller, who shall cause the order to be drawn
for the amount specified, and to the person named, in such notification
from the Department. Such refund shall be paid by the State Treasurer out
of the Regional Transportation Authority tax fund created pursuant to Section
4.03 of this Act.
(d) The Department shall forthwith pay over to the State Treasurer, ex‑officio,
as trustee, all taxes, penalties and interest collected under this Section.
On or before the 25th day of each calendar month, the Department shall prepare
and certify to the State Comptroller the amount to be paid to the Authority.
The State Department of Revenue shall also certify to the Authority the
amount of taxes collected in each County other than Cook County in the metropolitan
region less the amount necessary for the payment of refunds to taxpayers
in such County. With regard to the County of Cook, the certification shall
specify the amount of taxes collected within the City of Chicago less the
amount necessary for the payment of refunds to taxpayers in the City of
Chicago and the amount collected in that portion of Cook County outside
of Chicago less the amount necessary for the payment of refunds to taxpayers
in that portion of Cook County outside of Chicago. The amount to be paid
to the Authority shall be the amount (not including credit memoranda) collected
hereunder during the second preceding calendar month by the Department,
and not including an amount equal to the amount of refunds made
during the second preceding calendar month by the Department on behalf of
the Authority. Within 10 days after receipt, by the State Comptroller, of
the disbursement certification to the Authority, the State Comptroller shall
cause the orders to be drawn in accordance with the directions contained
in such certification.
(e) An ordinance imposing a tax hereunder or effecting a change in the
rate thereof shall be effective on the first day of the calendar month next
following the month in which such ordinance is passed. The Board shall transmit
to the Department of Revenue on or not later than 5 days after passage of
the ordinance a certified copy of the ordinance imposing such tax whereupon
the Department of Revenue shall proceed to administer and enforce this Section
on behalf of the Authority as of the effective date of the ordinance. Upon
a change in rate of a tax levied hereunder, or upon the discontinuance of
the tax, the Board shall, on or not later than 5 days after passage of the
ordinance discontinuing the tax or effecting a change in rate, transmit
to the Department of Revenue a certified copy of the ordinance effecting
such change or discontinuance.
(Source: P.A. 91‑357, eff. 7‑29‑99.)
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(70 ILCS 3615/4.03.3)
Sec. 4.03.3. Distribution of Revenues. This Section applies only after the Department begins administering and enforcing an increased tax under Section 4.03(m) as authorized by this amendatory Act of the 95th General Assembly. After providing for payment of its obligations with respect to bonds and notes issued under the provisions of Section 4.04 and obligations related to those bonds and notes, the Authority shall disburse the remaining proceeds from taxes it has received from the Department of Revenue under this Article IV and the remaining proceeds it has received from the State under Section 4.09(a) as follows: (a) With respect to taxes imposed by the Authority under Section 4.03, after withholding 15% of 80% of the receipts from those taxes collected in Cook County at a rate of 1.25%, 15% of 75% of the receipts from those taxes collected in Cook County at the rate of 1%, 15% of one‑half of the receipts from those taxes collected in DuPage, Kane, Lake, McHenry, and Will Counties, and 15% of money received by the Authority from the Regional Transportation Authority Occupation and Use Tax Replacement Fund or from the Regional Transportation Authority tax fund created in Section 4.03(n), the Board shall allocate the proceeds and money remaining to the Service Boards as follows:
(1) an amount equal to (i) 85% of 80% of the receipts
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from those taxes collected within the City of Chicago at a rate of 1.25%, (ii) 85% of 75% of the receipts from those taxes collected in the City of Chicago at the rate of 1%, and (iii) 85% of the money received by the Authority on account of transfers to the Regional Transportation Authority Occupation and Use Tax Replacement Fund or to the Regional Transportation Authority tax fund created in Section 4.03(n) from the County and Mass Transit District Fund attributable to retail sales within the City of Chicago shall be allocated to the Chicago Transit Authority;
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(2) an amount equal to (i) 85% of 80% of the receipts
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from those taxes collected within Cook County outside of the City of Chicago at a rate of 1.25%, (ii) 85% of 75% of the receipts from those taxes collected within Cook County outside the City of Chicago at a rate of 1%, and (iii) 85% of the money received by the Authority on account of transfers to the Regional Transportation Authority Occupation and Use Tax Replacement Fund or to the Regional Transportation Authority tax fund created in Section 4.03(n) from the County and Mass Transit District Fund attributable to retail sales within Cook County outside of the City of Chicago shall be allocated 30% to the Chicago Transit Authority, 55% to the Commuter Rail Board, and 15% to the Suburban Bus Board; and
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(3) an amount equal to 85% of one‑half of the
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receipts from the taxes collected within the Counties of DuPage, Kane, Lake, McHenry, and Will shall be allocated 70% to the Commuter Rail Board and 30% to the Suburban Bus Board.
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(b) Moneys received by the Authority on account of transfers to the Regional Transportation Authority Occupation and Use Tax Replacement Fund from the State and Local Sales Tax Reform Fund shall be allocated among the Authority and the Service Boards as follows: 15% of such moneys shall be retained by the Authority and the remaining 85% shall be transferred to the Service Boards as soon as may be practicable after the Authority receives payment. Moneys which are distributable to the Service Boards pursuant to the preceding sentence shall be allocated among the Service Boards on the basis of each Service Board's distribution ratio. The term "distribution ratio" means, for purposes of this subsection (b), the ratio of the total amount distributed to a Service Board pursuant to subsection (a) of Section 4.03.3 for the immediately preceding calendar year to the total amount distributed to all of the Service Boards pursuant to subsection (a) of Section 4.03.3 for the immediately preceding calendar year.
(c)(i) 20% of the receipts from those taxes collected in Cook County under Section 4.03 at the rate of 1.25%, (ii) 25% of the receipts from those taxes collected in Cook County under Section 4.03 at the rate of 1%, (iii) 50% of the receipts from those taxes collected in DuPage, Kane, Lake, McHenry, and Will Counties under Section 4.03, and (iv) amounts received from the State under Section 4.09 (a)(2) and items (i), (ii), and (iii) of Section 4.09 (a)(3) shall be allocated as follows: in 2008, $100,000,000 shall be deposited in the ADA Paratransit Fund described in Section 2.01d, $20,000,000 shall be deposited in the Suburban Community Mobility Fund described in Section 2.01e, and $10,000,000 shall be deposited in the Innovation, Coordination and Enhancement Fund described in Section 2.01c, and the balance shall be allocated 48% to the Chicago Transit Authority, 39% to the Commuter Rail Board, and 13% to the Suburban Bus Board; and in 2009 and each year thereafter, the amounts deposited in the ADA Paratransit Fund, the Suburban Community Mobility Fund and the Innovation, Coordination and Enhancement Fund respectively shall equal the amount deposited in the previous year increased or decreased by the percentage growth or decline in revenues received by the Authority from taxes imposed under Section 4.03 in the previous year, and the balance shall be allocated 48% to the Chicago Transit Authority, 39% to the Commuter Rail Board and 13% to the Suburban Bus Board.
(d) Amounts received from the State under Section 4.09 (a)(3)(iv) shall be distributed 100% to the Chicago Transit Authority.
(e) With respect to those taxes collected in DuPage, Kane, Lake, McHenry, and Will Counties and paid directly to the counties under Section 4.03, the County Board of each county shall use those amounts to fund operating and capital costs of public safety and public transportation services or facilities or to fund operating, capital, right‑of‑way, construction, and maintenance costs of other transportation purposes, including road, bridge, public safety, and transit purposes intended to improve mobility or reduce congestion in the county. The receipt of funding by such counties pursuant to this paragraph shall not be used as the basis for reducing any funds that such counties would otherwise have received from the State of Illinois, any agency or instrumentality thereof, the Authority, or the Service Boards.
(f) The Authority by ordinance adopted by 12 of its then Directors shall apportion to the Service Boards funds provided by the State of Illinois under Section 4.09(a)(1) as it shall determine and shall make payment of the amounts to each Service Board as soon as may be practicable upon their receipt provided the Authority has adopted a balanced budget as required by Section 4.01 and further provided the Service Board is in compliance with the requirements in Section 4.11.
(g) Beginning January 1, 2009, before making any payments, transfers, or expenditures under this Section to a Service Board, the Authority must first comply with Section 4.02a or 4.02b of this Act, whichever may be applicable.
(Source: P.A. 95‑708, eff. 1‑18‑08.)
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