96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB6946

 

Introduced , by Rep. Jack D. Franks

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 375/2.5 new
10 ILCS 5/2A-1.2  from Ch. 46, par. 2A-1.2
10 ILCS 5/2A-56 new
40 ILCS 5/22-105 new
70 ILCS 3615/2.01  from Ch. 111 2/3, par. 702.01
70 ILCS 3615/2.01a
70 ILCS 3615/2.01b
70 ILCS 3615/2.01c
70 ILCS 3615/2.05  from Ch. 111 2/3, par. 702.05
70 ILCS 3615/2.12b
70 ILCS 3615/2.18a  from Ch. 111 2/3, par. 702.18a
70 ILCS 3615/2.30
70 ILCS 3615/3.01  from Ch. 111 2/3, par. 703.01
70 ILCS 3615/3.03  from Ch. 111 2/3, par. 703.03
70 ILCS 3615/3.04  from Ch. 111 2/3, par. 703.04
70 ILCS 3615/3.05  from Ch. 111 2/3, par. 703.05
70 ILCS 3615/4.01  from Ch. 111 2/3, par. 704.01
70 ILCS 3615/4.03  from Ch. 111 2/3, par. 704.03
70 ILCS 3615/4.11  from Ch. 111 2/3, par. 704.11
70 ILCS 3615/4.14  from Ch. 111 2/3, par. 704.14

    Amends the State Employees Group Insurance Act of 1971, the Election Code, the Illinois Pension Code, and the Regional Transportation Authority Act. Provides for the nonpartisan election of a 9-member Regional Transportation Authority Board, beginning at the consolidated election in 2011 (now, a 16-member board is appointed). Eliminates compensation and pension and group insurance benefits for members. Makes other changes. Effective immediately.


LRB096 24302 RLJ 43778 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB6946LRB096 24302 RLJ 43778 b

1    AN ACT concerning government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The State Employees Group Insurance Act of 1971
5is amended by adding Section 2.5 as follows:
 
6    (5 ILCS 375/2.5 new)
7    Sec. 2.5. Application to Regional Transportation Authority
8Board members. This Act does not apply to any elected member of
9the Regional Transportation Authority Board established by
10subsection (d-5) of Section 3.01 of the Regional Transportation
11Authority Act or to any person appointed to fill a vacancy on
12that elected Board.
 
13    Section 10. The Election Code is amended by changing
14Section 2A-1.2 and by adding Section 2A-56 as follows:
 
15    (10 ILCS 5/2A-1.2)  (from Ch. 46, par. 2A-1.2)
16    Sec. 2A-1.2. Consolidated Schedule of Elections - Offices
17Designated.
18    (a) At the general election in the appropriate
19even-numbered years, the following offices shall be filled or
20shall be on the ballot as otherwise required by this Code:
21        (1) Elector of President and Vice President of the

 

 

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1    United States;
2        (2) United States Senator and United States
3    Representative;
4        (3) State Executive Branch elected officers;
5        (4) State Senator and State Representative;
6        (5) County elected officers, including State's
7    Attorney, County Board member, County Commissioners, and
8    elected President of the County Board or County Chief
9    Executive;
10        (6) Circuit Court Clerk;
11        (7) Regional Superintendent of Schools, except in
12    counties or educational service regions in which that
13    office has been abolished;
14        (8) Judges of the Supreme, Appellate and Circuit
15    Courts, on the question of retention, to fill vacancies and
16    newly created judicial offices;
17        (9) (Blank);
18        (10) Trustee of the Metropolitan Sanitary District of
19    Chicago, and elected Trustee of other Sanitary Districts;
20        (11) Special District elected officers, not otherwise
21    designated in this Section, where the statute creating or
22    authorizing the creation of the district requires an annual
23    election and permits or requires election of candidates of
24    political parties.
25    (b) At the general primary election:
26        (1) in each even-numbered year candidates of political

 

 

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1    parties shall be nominated for those offices to be filled
2    at the general election in that year, except where pursuant
3    to law nomination of candidates of political parties is
4    made by caucus.
5        (2) in the appropriate even-numbered years the
6    political party offices of State central committeeman,
7    township committeeman, ward committeeman, and precinct
8    committeeman shall be filled and delegates and alternate
9    delegates to the National nominating conventions shall be
10    elected as may be required pursuant to this Code. In the
11    even-numbered years in which a Presidential election is to
12    be held, candidates in the Presidential preference primary
13    shall also be on the ballot.
14        (3) in each even-numbered year, where the municipality
15    has provided for annual elections to elect municipal
16    officers pursuant to Section 6(f) or Section 7 of Article
17    VII of the Constitution, pursuant to the Illinois Municipal
18    Code or pursuant to the municipal charter, the offices of
19    such municipal officers shall be filled at an election held
20    on the date of the general primary election, provided that
21    the municipal election shall be a nonpartisan election
22    where required by the Illinois Municipal Code. For partisan
23    municipal elections in even-numbered years, a primary to
24    nominate candidates for municipal office to be elected at
25    the general primary election shall be held on the Tuesday 6
26    weeks preceding that election.

 

 

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1        (4) in each school district which has adopted the
2    provisions of Article 33 of the School Code, successors to
3    the members of the board of education whose terms expire in
4    the year in which the general primary is held shall be
5    elected.
6    (c) At the consolidated election in the appropriate
7odd-numbered years, the following offices shall be filled:
8        (1) Municipal officers, provided that in
9    municipalities in which candidates for alderman or other
10    municipal office are not permitted by law to be candidates
11    of political parties, the runoff election where required by
12    law, or the nonpartisan election where required by law,
13    shall be held on the date of the consolidated election; and
14    provided further, in the case of municipal officers
15    provided for by an ordinance providing the form of
16    government of the municipality pursuant to Section 7 of
17    Article VII of the Constitution, such offices shall be
18    filled by election or by runoff election as may be provided
19    by such ordinance;
20        (2) Village and incorporated town library directors;
21        (3) City boards of stadium commissioners;
22        (4) Commissioners of park districts;
23        (5) Trustees of public library districts;
24        (6) Special District elected officers, not otherwise
25    designated in this section, where the statute creating or
26    authorizing the creation of the district permits or

 

 

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1    requires election of candidates of political parties;
2        (7) Township officers, including township park
3    commissioners, township library directors, and boards of
4    managers of community buildings, and Multi-Township
5    Assessors;
6        (8) Highway commissioners and road district clerks;
7        (9) Members of school boards in school districts which
8    adopt Article 33 of the School Code;
9        (10) The directors and chairman of the Chain O Lakes -
10    Fox River Waterway Management Agency;
11        (11) Forest preserve district commissioners elected
12    under Section 3.5 of the Downstate Forest Preserve District
13    Act;
14        (11.5) Members of the Regional Transportation
15    Authority Board;
16        (12) Elected members of school boards, school
17    trustees, directors of boards of school directors,
18    trustees of county boards of school trustees (except in
19    counties or educational service regions having a
20    population of 2,000,000 or more inhabitants) and members of
21    boards of school inspectors, except school boards in school
22    districts that adopt Article 33 of the School Code;
23        (13) Members of Community College district boards;
24        (14) Trustees of Fire Protection Districts;
25        (15) Commissioners of the Springfield Metropolitan
26    Exposition and Auditorium Authority;

 

 

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1        (16) Elected Trustees of Tuberculosis Sanitarium
2    Districts;
3        (17) Elected Officers of special districts not
4    otherwise designated in this Section for which the law
5    governing those districts does not permit candidates of
6    political parties.
7    (d) At the consolidated primary election in each
8odd-numbered year, candidates of political parties shall be
9nominated for those offices to be filled at the consolidated
10election in that year, except where pursuant to law nomination
11of candidates of political parties is made by caucus, and
12except those offices listed in paragraphs (12) through (17) of
13subsection (c).
14    At the consolidated primary election in the appropriate
15odd-numbered years, the mayor, clerk, treasurer, and aldermen
16shall be elected in municipalities in which candidates for
17mayor, clerk, treasurer, or alderman are not permitted by law
18to be candidates of political parties, subject to runoff
19elections to be held at the consolidated election as may be
20required by law, and municipal officers shall be nominated in a
21nonpartisan election in municipalities in which pursuant to law
22candidates for such office are not permitted to be candidates
23of political parties.
24    At the consolidated primary election in the appropriate
25odd-numbered years, municipal officers shall be nominated or
26elected, or elected subject to a runoff, as may be provided by

 

 

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1an ordinance providing a form of government of the municipality
2pursuant to Section 7 of Article VII of the Constitution.
3    (e) (Blank).
4    (f) At any election established in Section 2A-1.1, public
5questions may be submitted to voters pursuant to this Code and
6any special election otherwise required or authorized by law or
7by court order may be conducted pursuant to this Code.
8    Notwithstanding the regular dates for election of officers
9established in this Article, whenever a referendum is held for
10the establishment of a political subdivision whose officers are
11to be elected, the initial officers shall be elected at the
12election at which such referendum is held if otherwise so
13provided by law. In such cases, the election of the initial
14officers shall be subject to the referendum.
15    Notwithstanding the regular dates for election of
16officials established in this Article, any community college
17district which becomes effective by operation of law pursuant
18to Section 6-6.1 of the Public Community College Act, as now or
19hereafter amended, shall elect the initial district board
20members at the next regularly scheduled election following the
21effective date of the new district.
22    (g) At any election established in Section 2A-1.1, if in
23any precinct there are no offices or public questions required
24to be on the ballot under this Code then no election shall be
25held in the precinct on that date.
26    (h) There may be conducted a referendum in accordance with

 

 

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1the provisions of Division 6-4 of the Counties Code.
2(Source: P.A. 89-5, eff. 1-1-96; 89-95, eff. 1-1-96; 89-626,
3eff. 8-9-96; 90-358, eff. 1-1-98.)
 
4    (10 ILCS 5/2A-56 new)
5    Sec. 2A-56. Regional Transportation Authority Board
6member. A Regional Transportation Authority Board member under
7Section 3.01 of the Regional Transportation Authority Act shall
8be elected at the consolidated election to succeed each
9incumbent Regional Transportation Authority Board member whose
10term expires before the following consolidated election.
 
11    Section 15. The Illinois Pension Code is amended by adding
12Section 22-105 as follows:
 
13    (40 ILCS 5/22-105 new)
14    Sec. 22-105. Application to Regional Transportation
15Authority Board members. This Code does not apply to any
16elected member of the Regional Transportation Authority Board
17established by subsection (d-5) of Section 3.01 of the Regional
18Transportation Authority Act or to any person appointed to fill
19a vacancy on that elected Board.
 
20    Section 20. The Regional Transportation Authority Act is
21amended by changing Sections 2.01, 2.01a, 2.01b, 2.01c, 2.05,
222.12b, 2.18a, 2.30, 3.01, 3.03, 3.04, 3.05, 4.01, 4.03, 4.11,

 

 

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1and 4.14 as follows:
 
2    (70 ILCS 3615/2.01)  (from Ch. 111 2/3, par. 702.01)
3    Sec. 2.01. General Allocation of Responsibility for Public
4Transportation.
5    (a) In order to accomplish the purposes as set forth in
6this Act, the responsibility for planning, operating, and
7funding public transportation in the metropolitan region shall
8be allocated as described in this Act. The Authority shall:
9        (i) adopt plans that implement the public policy of the
10    State to provide adequate, efficient, and coordinated
11    public transportation throughout the metropolitan region;
12        (ii) set goals, objectives, and standards for the
13    Authority, the Service Boards, and transportation
14    agencies;
15        (iii) develop performance measures to inform the
16    public about the extent to which the provision of public
17    transportation in the metropolitan region meets those
18    goals, objectives, and standards;
19        (iv) allocate operating and capital funds made
20    available to support public transportation in the
21    metropolitan region;
22        (v) provide financial oversight of the Service Boards;
23    and
24        (vi) coordinate the provision of public transportation
25    and the investment in public transportation facilities to

 

 

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1    enhance the integration of public transportation
2    throughout the metropolitan region, all as provided in this
3    Act.
4    The Service Boards shall, on a continuing basis determine
5the level, nature and kind of public transportation which
6should be provided for the metropolitan region in order to meet
7the plans, goals, objectives, and standards adopted by the
8Authority. The Service Boards may provide public
9transportation by purchasing such service from transportation
10agencies through purchase of service agreements, by grants to
11such agencies or by operating such service, all pursuant to
12this Act and the "Metropolitan Transit Authority Act", as now
13or hereafter amended. Certain of its actions to implement the
14responsibilities allocated to the Authority in this subsection
15(a) shall be taken in 3 public documents adopted by the
16affirmative vote of at least two-thirds 12 of its then
17Directors: A Strategic Plan; a Five-Year Capital Program; and
18an Annual Budget and Two-Year Financial Plan.
19    (b) The Authority shall subject the operating and capital
20plans and expenditures of the Service Boards in the
21metropolitan region with regard to public transportation to
22continuing review so that the Authority may budget and expend
23its funds with maximum effectiveness and efficiency. The
24Authority shall conduct audits of each of the Service Boards no
25less than every 5 years. Such audits may include management,
26performance, financial, and infrastructure condition audits.

 

 

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1The Authority may conduct management, performance, financial,
2and infrastructure condition audits of transportation agencies
3that receive funds from the Authority. The Authority may direct
4a Service Board to conduct any such audit of a transportation
5agency that receives funds from such Service Board, and the
6Service Board shall comply with such request to the extent it
7has the right to do so. These audits of the Service Boards or
8transportation agencies may be project or service specific
9audits to evaluate their achievement of the goals and
10objectives of that project or service and their compliance with
11any applicable requirements.
12(Source: P.A. 95-708, eff. 1-18-08.)
 
13    (70 ILCS 3615/2.01a)
14    Sec. 2.01a. Strategic Plan.
15    (a) By the affirmative vote of at least two-thirds 12 of
16its then Directors, the Authority shall adopt a Strategic Plan,
17no less than every 5 years, after consultation with the Service
18Boards and after holding a minimum of 3 public hearings in Cook
19County and one public hearing in each of the other counties in
20the region. The Executive Director of the Authority shall
21review the Strategic Plan on an ongoing basis and make
22recommendations to the Board of the Authority with respect to
23any update or amendment of the Strategic Plan. The Strategic
24Plan shall describe the specific actions to be taken by the
25Authority and the Service Boards to provide adequate,

 

 

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

 

 

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

 

 

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1    improvements intended to promote transfers, increase
2    ridership, and support transit-oriented land development;
3        (v) assessing the impact of projects on the ability to
4    operate and maintain the existing transit system; and
5        (vi) other criteria that advance the goals and
6    objectives of the Strategic Plan.
7    (d) The Strategic Plan shall establish performance
8standards and measurements regarding the adequacy, efficiency,
9and coordination of public transportation services in the
10region and the implementation of the goals and objectives in
11the Strategic Plan. At a minimum, such standards and measures
12shall include customer-related performance data measured by
13line, route, or sub-region, as determined by the Authority, on
14the following:
15        (i) travel times and on-time performance;
16        (ii) ridership data;
17        (iii) equipment failure rates;
18        (iv) employee and customer safety; and
19        (v) customer satisfaction.
20    The Service Boards and transportation agencies that
21receive funding from the Authority or Service Boards shall
22prepare, publish, and submit to the Authority such reports with
23regard to these standards and measurements in the frequency and
24form required by the Authority; however, the frequency of such
25reporting shall be no less than annual. The Service Boards
26shall publish such reports on their respective websites. The

 

 

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1Authority shall compile and publish such reports on its
2website. Such performance standards and measures shall not be
3used as the basis for disciplinary action against any employee
4of the Authority or Service Boards, except to the extent the
5employment and disciplinary practices of the Authority or
6Service Board provide for such action.
7    (e) The Strategic Plan shall identify innovations to
8improve the delivery of public transportation and the
9construction of public transportation facilities.
10    (f) The Strategic Plan shall describe the expected
11financial condition of public transportation in the
12metropolitan region prospectively over a 10-year period, which
13may include information about the cash position and all known
14obligations of the Authority and the Service Boards including
15operating expenditures, debt service, contributions for
16payment of pension and other post-employment benefits, the
17expected revenues from fares, tax receipts, grants from the
18federal, State, and local governments for operating and capital
19purposes and issuance of debt, the availability of working
20capital, and the resources needed to achieve the goals and
21objectives described in the Strategic Plan.
22    (g) In developing the Strategic Plan, the Authority shall
23rely on such demographic and other data, forecasts, and
24assumptions developed by the Chicago Metropolitan Agency for
25Planning with respect to the patterns of population density and
26growth, projected commercial and residential development, and

 

 

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

 

 

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1facility, (i) multiple Service Boards or transportation
2agencies are potential service providers and (ii) the public
3transportation facilities to be constructed or purchased to
4provide that service have an expected construction cost of more
5than $25,000,000, the Authority shall have sole responsibility
6for conducting any alternatives analysis and preliminary
7environmental assessment required by federal or State law.
8Nothing in this subparagraph (i) shall prohibit a Service Board
9from undertaking alternatives analysis and preliminary
10environmental assessment for any public transportation service
11or facility identified in items (i) and (ii) above that is
12included in the Five-Year Capital Program as of the effective
13date of this amendatory Act of the 95th General Assembly;
14however, any expenditure related to any such public
15transportation service or facility must be included in a
16Five-Year Capital Program under the requirements of Sections
172.01b and 4.02 of this Act.
18(Source: P.A. 95-708, eff. 1-18-08.)
 
19    (70 ILCS 3615/2.01b)
20    Sec. 2.01b. The Five-Year Capital Program. By the
21affirmative vote of at least two-thirds 12 of its then
22Directors, the Authority, after consultation with the Service
23Boards and after holding a minimum of 3 public hearings in Cook
24County and one public hearing in each of the other counties in
25the metropolitan region, shall each year adopt a Five-Year

 

 

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1Capital Program that shall include each capital improvement to
2be undertaken by or on behalf of a Service Board provided that
3the Authority finds that the improvement meets any criteria for
4capital improvements contained in the Strategic Plan, is not
5inconsistent with any sub-regional or corridor plan adopted by
6the Authority, and can be funded within amounts available with
7respect to the capital and operating costs of such improvement.
8In reviewing proposals for improvements to be included in a
9Five-Year Capital Program, the Authority may give priority to
10improvements that are intended to bring public transportation
11facilities into a state of good repair. The Five-Year Capital
12Program shall also identify capital improvements to be
13undertaken by a Service Board, a transportation agency, or a
14unit of local government and funded by the Authority from
15amounts in the Innovation, Coordination, and Enhancement Fund,
16provided that no improvement that is included in the Five-Year
17Capital Program as of the effective date of this amendatory Act
18of the 95th General Assembly may receive funding from the
19Innovation, Coordination, and Enhancement Fund. Before
20adopting a Five-Year Capital Program, the Authority shall
21consult with the Chicago Metropolitan Agency for Planning
22regarding the consistency of the Five-Year Capital Program with
23the Regional Comprehensive Plan adopted pursuant to the
24Regional Planning Act.
25(Source: P.A. 95-708, eff. 1-18-08.)
 

 

 

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1    (70 ILCS 3615/2.01c)
2    Sec. 2.01c. Innovation, Coordination, and Enhancement
3Fund.
4    (a) The Authority shall establish an Innovation,
5Coordination, and Enhancement Fund and each year deposit into
6the Fund the amounts directed by Section 4.03.3 of this Act.
7Amounts on deposit in such Fund and interest and other earnings
8on those amounts may be used by the Authority, upon the
9affirmative vote of at least two-thirds 12 of its then
10Directors, and after a public participation process, for
11operating or capital grants or loans to Service Boards,
12transportation agencies, or units of local government that
13advance the goals and objectives identified by the Authority in
14its Strategic Plan, provided that no improvement that has been
15included in a Five-Year Capital Program as of the effective
16date of this amendatory Act of the 95th General Assembly may
17receive any funding from the Innovation, Coordination, and
18Enhancement Fund. Unless the Board has determined by a vote of
19at least two-thirds 12 of its then Directors that an emergency
20exists requiring the use of some or all of the funds then in
21the Innovation, Coordination, and Enhancement Fund, such funds
22may only be used to enhance the coordination and integration of
23public transportation and develop and implement innovations to
24improve the quality and delivery of public transportation.
25    (b) Any grantee that receives funds from the Innovation,
26Coordination, and Enhancement Fund for the operation of

 

 

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1eligible programs must (i) implement such programs within one
2year of receipt of such funds and (ii) within 2 years following
3commencement of any program utilizing such funds, determine
4whether it is desirable to continue the program, and upon such
5a determination, either incorporate such program into its
6annual operating budget and capital program or discontinue such
7program. No additional funds from the Innovation,
8Coordination, and Enhancement Fund may be distributed to a
9grantee for any individual program beyond 2 years unless the
10Authority by the affirmative vote of at least two-thirds 12 of
11its then Directors waives this limitation. Any such waiver will
12be with regard to an individual program and with regard to a
13one year-period, and any further waivers for such individual
14program require a subsequent vote of the Board.
15(Source: P.A. 95-708, eff. 1-18-08.)
 
16    (70 ILCS 3615/2.05)  (from Ch. 111 2/3, par. 702.05)
17    Sec. 2.05. Centralized Services; Acquisition and
18Construction.
19    (a) The Authority may at the request of two or more Service
20Boards, serve, or designate a Service Board to serve, as a
21centralized purchasing agent for the Service Boards so
22requesting.
23    (b) The Authority may at the request of two or more Service
24Boards perform other centralized services such as ridership
25information and transfers between services under the

 

 

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1jurisdiction of the Service Boards where such centralized
2services financially benefit the region as a whole. Provided,
3however, that the Board may require transfers only upon an
4affirmative vote of at least two-thirds 12 of its then
5Directors.
6    (c) A Service Board or the Authority may for the benefit of
7a Service Board, to meet its purposes, construct or acquire any
8public transportation facility for use by a Service Board or
9for use by any transportation agency and may acquire any such
10facilities from any transportation agency, including also
11without limitation any reserve funds, employees' pension or
12retirement funds, special funds, franchises, licenses,
13patents, permits and papers, documents and records of the
14agency. In connection with any such acquisition from a
15transportation agency the Authority may assume obligations of
16the transportation agency with regard to such facilities or
17property or public transportation operations of such agency.
18    In connection with any construction or acquisition, the
19Authority shall make relocation payments as may be required by
20federal law or by the requirements of any federal agency
21authorized to administer any federal program of aid.
22    (d) The Authority shall, after consulting with the Service
23Boards, develop regionally coordinated and consolidated sales,
24marketing, advertising, and public information programs that
25promote the use and coordination of, and transfers among,
26public transportation services in the metropolitan region. The

 

 

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1Authority shall develop and adopt, with the affirmative vote of
2at least two-thirds 12 of its then Directors, rules and
3regulations for the Authority and the Service Boards regarding
4such programs to ensure that the Service Boards' independent
5programs conform with the Authority's regional programs.
6(Source: P.A. 95-708, eff. 1-18-08.)
 
7    (70 ILCS 3615/2.12b)
8    Sec. 2.12b. Coordination of Fares and Service. Until May 1,
92011, upon Upon the request of a Service Board, the Executive
10Director of the Authority may, upon the affirmative vote of 9
11of the then Directors of the Authority, intervene in any matter
12involving (i) a dispute between Service Boards or a Service
13Board and a transportation agency providing service on behalf
14of a Service Board with respect to the terms of transfer
15between, and the allocation of revenues from fares and charges
16for, transportation services provided by the parties or (ii) a
17dispute between 2 Service Boards with respect to coordination
18of service, route duplication, or a change in service. Any
19Service Board or transportation agency involved in such dispute
20shall meet with the Executive Director, cooperate in good faith
21to attempt to resolve the dispute, and provide any books,
22records, and other information requested by the Executive
23Director. If the Executive Director is unable to mediate a
24resolution of any dispute, he or she may provide a written
25determination recommending a change in the fares or charges or

 

 

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1the allocation of revenues for such service or directing a
2change in the nature or provider of service that is the subject
3of the dispute. The Executive Director shall base such
4determination upon the goals and objectives of the Strategic
5Plan established pursuant to Section 2.01a(b). Such
6determination shall be presented to the Board of the Authority
7and, if approved by the affirmative vote of at least 9 of the
8then Directors of the Authority, shall be final and shall be
9implemented by any affected Service Board and transportation
10agency within the time frame required by the determination.
11    Beginning May 1, 2011, upon the request of a Service Board,
12the Executive Director of the Authority may, upon the
13affirmative vote of at least 5 of the then Directors of the
14Authority, intervene in any matter involving (i) a dispute
15between Service Boards or a Service Board and a transportation
16agency providing service on behalf of a Service Board with
17respect to the terms of transfer between, and the allocation of
18revenues from fares and charges for, transportation services
19provided by the parties or (ii) a dispute between 2 Service
20Boards with respect to coordination of service, route
21duplication, or a change in service. Any Service Board or
22transportation agency involved in such dispute shall meet with
23the Executive Director, cooperate in good faith to attempt to
24resolve the dispute, and provide any books, records, and other
25information requested by the Executive Director. If the
26Executive Director is unable to mediate a resolution of any

 

 

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1dispute, he or she may provide a written determination
2recommending a change in the fares or charges or the allocation
3of revenues for such service or directing a change in the
4nature or provider of service that is the subject of the
5dispute. The Executive Director shall base such determination
6upon the goals and objectives of the Strategic Plan established
7pursuant to subsection (b) of Section 2.01a. The determination
8shall be presented to the Board of the Authority and, if
9approved by the affirmative vote of at least 5 of the then
10Directors of the Authority, shall be final and shall be
11implemented by any affected Service Board and transportation
12agency within the time frame required by the determination.
13(Source: P.A. 95-708, eff. 1-18-08.)
 
14    (70 ILCS 3615/2.18a)  (from Ch. 111 2/3, par. 702.18a)
15    Sec. 2.18a. Amendment of budgets to include collective
16bargaining agreements.
17    (a) The provisions of this Section apply to collective
18bargaining agreements (including extensions and amendments to
19existing agreements) between Service Boards or transportation
20agencies subject to the jurisdiction of Service Boards and
21their employees, which are entered into after January 1, 1984.
22    (b) The Authority shall approve amended budgets prepared by
23Service Boards which incorporate the costs of collective
24bargaining agreements between Service Boards and their
25employees. The Authority shall approve such an amended budget

 

 

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1provided that it determines by the affirmative vote of at least
2two-thirds 12 of its then members that the amended budget meets
3the standards established in Section 4.11.
4(Source: P.A. 95-708, eff. 1-18-08.)
 
5    (70 ILCS 3615/2.30)
6    Sec. 2.30. Paratransit services.
7    (a) For purposes of this Act, "ADA paratransit services"
8shall mean those comparable or specialized transportation
9services provided by, or under grant or purchase of service
10contracts of, the Service Boards to individuals with
11disabilities who are unable to use fixed route transportation
12systems and who are determined to be eligible, for some or all
13of their trips, for such services under the Americans with
14Disabilities Act of 1990 and its implementing regulations.
15    (b) Beginning July 1, 2005, the Authority is responsible
16for the funding, from amounts on deposit in the ADA Paratransit
17Fund established under Section 2.01d of this Act, financial
18review and oversight of all ADA paratransit services that are
19provided by the Authority or by any of the Service Boards. The
20Suburban Bus Board shall operate or provide for the operation
21of all ADA paratransit services by no later than July 1, 2006,
22except that this date may be extended to the extent necessary
23to obtain approval from the Federal Transit Administration of
24the plan prepared pursuant to subsection (c).
25    (c) No later than January 1, 2006, the Authority, in

 

 

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1collaboration with the Suburban Bus Board and the Chicago
2Transit Authority, shall develop a plan for the provision of
3ADA paratransit services and submit such plan to the Federal
4Transit Administration for approval. Approval of such plan by
5the Authority shall require the affirmative votes of 12 of the
6then Directors. The Suburban Bus Board, the Chicago Transit
7Authority and the Authority shall comply with the requirements
8of the Americans with Disabilities Act of 1990 and its
9implementing regulations in developing and approving such plan
10including, without limitation, consulting with individuals
11with disabilities and groups representing them in the
12community, and providing adequate opportunity for public
13comment and public hearings. The plan shall include the
14contents required for a paratransit plan pursuant to the
15Americans with Disabilities Act of 1990 and its implementing
16regulations. The plan shall also include, without limitation,
17provisions to:
18        (1) maintain, at a minimum, the levels of ADA
19    paratransit service that are required to be provided by the
20    Service Boards pursuant to the Americans with Disabilities
21    Act of 1990 and its implementing regulations;
22        (2) transfer the appropriate ADA paratransit services,
23    management, personnel, service contracts and assets from
24    the Chicago Transit Authority to the Authority or the
25    Suburban Bus Board, as necessary, by no later than July 1,
26    2006, except that this date may be extended to the extent

 

 

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1    necessary to obtain approval from the Federal Transit
2    Administration of the plan prepared pursuant to this
3    subsection (c);
4        (3) provide for consistent policies throughout the
5    metropolitan region for scheduling of ADA paratransit
6    service trips to and from destinations, with consideration
7    of scheduling of return trips on a "will-call" open-ended
8    basis upon request of the rider, if practicable, and with
9    consideration of an increased number of trips available by
10    subscription service than are available as of the effective
11    date of this amendatory Act;
12        (4) provide that service contracts and rates, entered
13    into or set after the approval by the Federal Transit
14    Administration of the plan prepared pursuant to subsection
15    (c) of this Section, with private carriers and taxicabs for
16    ADA paratransit service are procured by means of an open
17    procurement process;
18        (5) provide for fares, fare collection and billing
19    procedures for ADA paratransit services throughout the
20    metropolitan region;
21        (6) provide for performance standards for all ADA
22    paratransit service transportation carriers, with
23    consideration of door-to-door service;
24        (7) provide, in cooperation with the Illinois
25    Department of Transportation, the Illinois Department of
26    Public Aid and other appropriate public agencies and

 

 

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1    private entities, for the application and receipt of
2    grants, including, without limitation, reimbursement from
3    Medicaid or other programs for ADA paratransit services;
4        (8) provide for a system of dispatch of ADA paratransit
5    services transportation carriers throughout the
6    metropolitan region, with consideration of county-based
7    dispatch systems already in place as of the effective date
8    of this amendatory Act;
9        (9) provide for a process of determining eligibility
10    for ADA paratransit services that complies with the
11    Americans with Disabilities Act of 1990 and its
12    implementing regulations;
13        (10) provide for consideration of innovative methods
14    to provide and fund ADA paratransit services; and
15        (11) provide for the creation of one or more ADA
16    advisory boards, or the reconstitution of the existing ADA
17    advisory boards for the Service Boards, to represent the
18    diversity of individuals with disabilities in the
19    metropolitan region and to provide appropriate ongoing
20    input from individuals with disabilities into the
21    operation of ADA paratransit services.
22    (d) All revisions and annual updates to the ADA paratransit
23services plan developed pursuant to subsection (c) of this
24Section, or certifications of continued compliance in lieu of
25plan updates, that are required to be provided to the Federal
26Transit Administration shall be developed by the Authority, in

 

 

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1collaboration with the Suburban Bus Board and the Chicago
2Transit Authority, and the Authority shall submit such
3revision, update or certification to the Federal Transit
4Administration for approval. Approval of such revisions,
5updates or certifications by the Authority shall require the
6affirmative votes of at least two-thirds 12 of the then
7Directors.
8    (e) The Illinois Department of Transportation, the
9Illinois Department of Public Aid, the Authority, the Suburban
10Bus Board and the Chicago Transit Authority shall enter into
11intergovernmental agreements as may be necessary to provide
12funding and accountability for, and implementation of, the
13requirements of this Section.
14    (f) By no later than April 1, 2007, the Authority shall
15develop and submit to the General Assembly and the Governor a
16funding plan for ADA paratransit services. Approval of such
17plan by the Authority shall require the affirmative votes of 12
18of the then Directors. The funding plan shall, at a minimum,
19contain an analysis of the current costs of providing ADA
20paratransit services, projections of the long-term costs of
21providing ADA paratransit services, identification of and
22recommendations for possible cost efficiencies in providing
23ADA paratransit services, and identification of and
24recommendations for possible funding sources for providing ADA
25paratransit services. The Illinois Department of
26Transportation, the Illinois Department of Public Aid, the

 

 

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1Suburban Bus Board, the Chicago Transit Authority and other
2State and local public agencies as appropriate shall cooperate
3with the Authority in the preparation of such funding plan.
4    (g) Any funds derived from the federal Medicaid program for
5reimbursement of the costs of providing ADA paratransit
6services within the metropolitan region shall be directed to
7the Authority and shall be used to pay for or reimburse the
8costs of providing such services.
9    (h) Nothing in this amendatory Act shall be construed to
10conflict with the requirements of the Americans with
11Disabilities Act of 1990 and its implementing regulations.
12(Source: P.A. 94-370, eff. 7-29-05; 95-708, eff. 1-18-08.)
 
13    (70 ILCS 3615/3.01)  (from Ch. 111 2/3, par. 703.01)
14    Sec. 3.01. Board of Directors. Until May 1, 2011, the The
15corporate authorities and governing body of the Authority shall
16be a Board consisting of 13 Directors until April 1, 2008, and
1716 Directors thereafter, appointed as follows:
18    (a) Four Directors appointed by the Mayor of the City of
19Chicago, with the advice and consent of the City Council of the
20City of Chicago, and, only until April 1, 2008, a fifth
21director who shall be the Chairman of the Chicago Transit
22Authority. After April 1, 2008, the Mayor of the City of
23Chicago, with the advice and consent of the City Council of the
24City of Chicago, shall appoint a fifth Director. The Directors
25appointed by the Mayor of the City of Chicago shall not be the

 

 

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1Chairman or a Director of the Chicago Transit Authority. Each
2such Director shall reside in the City of Chicago.
3    (b) Four Directors appointed by the votes of a majority of
4the members of the Cook County Board elected from districts, a
5majority of the electors of which reside outside Chicago. After
6April 1, 2008, a fifth Director appointed by the President of
7the Cook County Board with the advice and consent of the
8members of the Cook County Board. Each Director appointed under
9this subparagraph shall reside in that part of Cook County
10outside Chicago.
11    (c) Until April 1, 2008, 3 Directors appointed by the
12Chairmen of the County Boards of DuPage, Kane, Lake, McHenry,
13and Will Counties, as follows:
14        (i) Two Directors appointed by the Chairmen of the
15    county boards of Kane, Lake, McHenry and Will Counties,
16    with the concurrence of not less than a majority of the
17    Chairmen from such counties, from nominees by the Chairmen.
18    Each such Chairman may nominate not more than 2 persons for
19    each position. Each such Director shall reside in a county
20    in the metropolitan region other than Cook or DuPage
21    Counties.
22        (ii) One Director appointed by the Chairman of the
23    DuPage County Board with the advice and consent of the
24    DuPage County Board. Such Director shall reside in DuPage
25    County.
26    (d) After April 1, 2008, 5 Directors appointed by the

 

 

HB6946- 32 -LRB096 24302 RLJ 43778 b

1Chairmen of the County Boards of DuPage, Kane, Lake and McHenry
2Counties and the County Executive of Will County, as follows:
3        (i) One Director appointed by the Chairman of the Kane
4    County Board with the advice and consent of the Kane County
5    Board. Such Director shall reside in Kane County.
6        (ii) One Director appointed by the County Executive of
7    Will County with the advice and consent of the Will County
8    Board. Such Director shall reside in Will County.
9        (iii) One Director appointed by the Chairman of the
10    DuPage County Board with the advice and consent of the
11    DuPage County Board. Such Director shall reside in DuPage
12    County.
13        (iv) One Director appointed by the Chairman of the Lake
14    County Board with the advice and consent of the Lake County
15    Board. Such Director shall reside in Lake County.
16        (v) One Director appointed by the Chairman of the
17    McHenry County Board with the advice and consent of the
18    McHenry County Board. Such Director shall reside in McHenry
19    County.
20        (vi) To implement the changes in appointing authority
21    under this subparagraph (d) the three Directors appointed
22    under subparagraph (c) and residing in Lake County, DuPage
23    County, and Kane County respectively shall each continue to
24    serve as Director until the expiration of their respective
25    term of office and until his or her successor is appointed
26    and qualified or a vacancy occurs in the office. Thereupon,

 

 

HB6946- 33 -LRB096 24302 RLJ 43778 b

1    the appointment shall be made by the officials given
2    appointing authority with respect to the Director whose
3    term has expired or office has become vacant.
4    (d-5) Notwithstanding any other provision of this Act to
5the contrary, the terms of all members of the Regional
6Transportation Authority Board serving on April 30, 2011 shall
7terminate at the close of business on that day, and the
8Regional Transportation Authority Board shall thereupon be
9reconstituted as provided in this subsection (d-5).
10    Beginning May 1, 2011, the governing body of the Regional
11Transportation Authority Division shall be a board consisting
12of 9 directors elected as follows:
13        (1) One director shall be elected by the electors of
14    the City of Chicago and shall represent and reside in the
15    City of Chicago;
16        (2) Three directors shall be elected by the electors of
17    that part of Cook County outside the City of Chicago and
18    shall represent and reside in that part of Cook County;
19        (3) One director shall be elected by the electors of
20    DuPage County and shall represent and reside in DuPage
21    County;
22        (4) One director shall be elected by the electors of
23    Kane County and shall represent and reside in Kane County;
24        (5) One director shall be elected by the electors of
25    Lake County and shall represent and reside in Lake County;
26        (6) One director shall be elected by the electors of

 

 

HB6946- 34 -LRB096 24302 RLJ 43778 b

1    McHenry County and shall represent and reside in McHenry
2    County;
3        (7) One director shall be elected by the electors of
4    Will County and shall represent and reside in Will County.
5    The directors provided for in this subsection (d-5) shall
6be nominated and elected on a nonpartisan basis as provided in
7Section 3.03 of this Act and in the Election Code.
8    (e) Until April 30, 2011 The Chairman serving on the
9effective date of this amendatory Act of the 95th General
10Assembly shall continue to serve as Chairman until the
11expiration of his or her term of office and until his or her
12successor is appointed and qualified or a vacancy occurs in the
13office. Upon the expiration or vacancy of the term of the
14Chairman then serving upon the effective date of this
15amendatory Act of the 95th General Assembly, the Chairman shall
16be appointed by the other Directors, by the affirmative vote of
17at least 11 of the then Directors with at least 2 affirmative
18votes from Directors who reside in the City of Chicago, at
19least 2 affirmative votes from Directors who reside in Cook
20County outside the City of Chicago, and at least 2 affirmative
21votes from Directors who reside in the Counties of DuPage,
22Lake, Will, Kane, or McHenry. The chairman shall not be
23appointed from among the other Directors. The chairman shall be
24a resident of the metropolitan region.
25    Beginning May 1, 2011, the chairman shall be appointed by
26the directors, from the members of the board, with the

 

 

HB6946- 35 -LRB096 24302 RLJ 43778 b

1concurrence of at least 6 of the directors.
2    (f) Except as otherwise provided by this Act no Director
3shall, while serving as such, be an officer, a member of the
4Board of Directors or Trustees or an employee of any Service
5Board or transportation agency, or be an employee of the State
6of Illinois or any department or agency thereof, or of any unit
7of local government or receive any compensation from any
8elected or appointed office under the Constitution and laws of
9Illinois; except that a Director may be a member of a school
10board.
11    (g) Each appointment made under this Section and under
12Section 3.03 shall be certified by the appointing authority to
13the Board, which shall maintain the certifications as part of
14the official records of the Authority.
15    (h) (Blank).
16(Source: P.A. 95-708, eff. 1-18-08.)
 
17    (70 ILCS 3615/3.03)  (from Ch. 111 2/3, par. 703.03)
18    Sec. 3.03. Terms; , elections; vacancies.
19    (a) This subsection (a) applies only to directors appointed
20under subsections (a) through (d) of Section 3.01. Each
21Director shall hold office for a term of 5 years, and until his
22or her successor has been appointed and has qualified. A
23vacancy shall occur upon resignation, death, conviction of a
24felony, or removal from office of a Director. Any Director may
25be removed from office upon concurrence of not less than 11

 

 

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1Directors, on a formal finding of incompetence, neglect of
2duty, or malfeasance in office. Within 30 days after the office
3of any appointed member becomes vacant for any reason other
4than the termination of appointed directors under subsection
5(d-5) of Section 3.01, the appointing authorities of such
6member shall make an appointment to fill the vacancy. A vacancy
7shall be filled for the unexpired term.
8    Whenever a vacancy for an appointed a Director, except as
9to the Chairman or those Directors appointed by the Mayor of
10the City of Chicago, exists for longer than 4 months, the new
11Director shall be chosen by election by all legislative members
12in the General Assembly representing the affected area. In
13order to qualify as a voting legislative member in this matter,
14the affected area must be more than 50% of the geographic area
15of the legislative district.
16    (b) The directors provided for in subsection (d-5) of
17Section 3.01 shall be elected on a nonpartisan basis at the
18consolidated election, beginning in 2011.
19    Nomination shall be by petition, signed by at least 0.1% of
20the registered voters of the area to be represented, filed with
21the appropriate election authority in accordance with the
22general election law. In elections for directors representing
23that part of Cook County outside the City of Chicago, if more
24than one such director is to be elected, the electors may vote
25for as many candidates as there are directors to be elected but
26may not give any one candidate more than one vote.

 

 

HB6946- 37 -LRB096 24302 RLJ 43778 b

1    Of the directors elected in 2011, (i) the directors
2described in items (3), (5), and (7) of subsection (d-5) of
3Section 3.01, and the director described in item (2) thereof
4who receives the greatest number of votes in the consolidated
5election, shall be elected for terms of 4 years; and (ii) the
6directors described in items (1), (4), and (6) of subsection
7(d-5) of Section 3.01, and the 2 directors described in item
8(2) thereof who receive the second and third greatest number of
9votes, shall be elected for terms of 2 years. Thereafter, all
10directors shall be elected for terms of 4 years. All terms
11shall begin on May 1, and directors shall continue to serve
12until their successors are elected and have qualified.
13    (c) Beginning May 1, 2011, a vacancy shall be filled for
14the remainder of the term by a person appointed by the county
15board chairman of the county represented by the director
16causing the vacancy or, in the case of the director
17representing the City of Chicago, by the Mayor of the City of
18Chicago.
19(Source: P.A. 95-708, eff. 1-18-08.)
 
20    (70 ILCS 3615/3.04)  (from Ch. 111 2/3, par. 703.04)
21    Sec. 3.04. Compensation; pension; benefits. Until May 1,
222011, each Each Director including the Chairman, except for the
23Chairman of the Chicago Transit Authority who shall not be
24compensated by the Authority, shall be compensated at the rate
25of $25,000 per year. Beginning May 1, 2011, Directors of the

 

 

HB6946- 38 -LRB096 24302 RLJ 43778 b

1Regional Transportation Authority Board, including the
2Chairman, shall receive no annual salary or other compensation
3for their service in office, except that the Chairman and each
4Director shall be reimbursed for actual expenses incurred in
5the performance of his or her duties.
6    No service or contribution shall be credited in any
7retirement system or pension fund, under the Illinois Pension
8Code or otherwise, to the Chairman or any other Director for
9service in that office beginning on or after May 1, 2011, and
10no public funds shall be appropriated, expended, or otherwise
11obligated for such a retirement system or pension fund credit.
12Except as otherwise provided in this Act, beginning May 1,
132011, the Chairman or any other Director shall receive no
14financial benefit or perquisite for his or her service in such
15office, including without limitation participation in a
16program of life or health insurance.
17    Officers of the Authority shall not be required to comply
18with the requirements of the Public Funds Statement Publication
19Act "An Act requiring certain custodians of public moneys to
20file and publish statements of the receipts and disbursements
21thereof", approved June 24, 1919, as now or hereafter amended.
22(Source: P.A. 83-885; 83-886.)
 
23    (70 ILCS 3615/3.05)  (from Ch. 111 2/3, par. 703.05)
24    Sec. 3.05. Meetings. The Board shall prescribe the times
25and places for meetings and the manner in which special

 

 

HB6946- 39 -LRB096 24302 RLJ 43778 b

1meetings may be called. The Board shall comply in all respects
2with the "Open Meetings Act", approved July 11, 1957, as now or
3hereafter amended. All records, documents and papers of the
4Authority, other than those relating to matters concerning
5which closed sessions of the Board may be held, shall be
6available for public examination, subject to such reasonable
7regulations as the Board may adopt.
8    A majority of the Directors holding office shall constitute
9a quorum for the conduct of business. Until May 1, 2011, Except
10as otherwise provided in this Act, the affirmative votes of at
11least 9 Directors, except as otherwise provided in this Act,
12shall be necessary for approving any contract or agreement,
13adopting any rule or regulation, and any other action required
14by this Act to be taken by resolution or ordinance. Beginning
15May 1, 2011, the affirmative votes of at least 5 Directors,
16except as otherwise provided in this Act, shall be necessary
17for approving any contract or agreement, adopting any rule or
18regulation, or taking any other action required by this Act to
19be taken by resolution or ordinance.
20    The Board shall meet with the Regional Citizens Advisory
21Board at least once every 4 months.
22(Source: P.A. 95-708, eff. 1-18-08.)
 
23    (70 ILCS 3615/4.01)  (from Ch. 111 2/3, par. 704.01)
24    Sec. 4.01. Budget and Program.
25    (a) The Board shall control the finances of the Authority.

 

 

HB6946- 40 -LRB096 24302 RLJ 43778 b

1It shall by ordinance adopted by the affirmative vote of at
2least two-thirds 12 of its then Directors (i) appropriate money
3to perform the Authority's purposes and provide for payment of
4debts and expenses of the Authority, (ii) take action with
5respect to the budget and two-year financial plan of each
6Service Board, as provided in Section 4.11, and (iii) adopt an
7Annual Budget and Two-Year Financial Plan for the Authority
8that includes the annual budget and two-year financial plan of
9each Service Board that has been approved by the Authority. The
10Annual Budget and Two-Year Financial Plan shall contain a
11statement of the funds estimated to be on hand for the
12Authority and each Service Board at the beginning of the fiscal
13year, the funds estimated to be received from all sources for
14such year, the estimated expenses and obligations of the
15Authority and each Service Board for all purposes, including
16expenses for contributions to be made with respect to pension
17and other employee benefits, and the funds estimated to be on
18hand at the end of such year. The fiscal year of the Authority
19and each Service Board shall begin on January 1st and end on
20the succeeding December 31st. By July 1st of each year the
21Director of the Illinois Governor's Office of Management and
22Budget (formerly Bureau of the Budget) shall submit to the
23Authority an estimate of revenues for the next fiscal year of
24the Authority to be collected from the taxes imposed by the
25Authority and the amounts to be available in the Public
26Transportation Fund and the Regional Transportation Authority

 

 

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

 

 

HB6946- 42 -LRB096 24302 RLJ 43778 b

1show a balance between anticipated revenues from all sources
2and anticipated expenses including funding of operating
3deficits or the discharge of encumbrances incurred in prior
4periods and payment of principal and interest when due, and
5shall show cash balances sufficient to pay with reasonable
6promptness all obligations and expenses as incurred.
7    The Annual Budget and Two-Year Financial Plan must show:
8         (i) that the level of fares and charges for mass
9    transportation provided by, or under grant or purchase of
10    service contracts of, the Service Boards is sufficient to
11    cause the aggregate of all projected fare revenues from
12    such fares and charges received in each fiscal year to
13    equal at least 50% of the aggregate costs of providing such
14    public transportation in such fiscal year. "Fare revenues"
15    include the proceeds of all fares and charges for services
16    provided, contributions received in connection with public
17    transportation from units of local government other than
18    the Authority, except for contributions received by the
19    Chicago Transit Authority from a real estate transfer tax
20    imposed under subsection (i) of Section 8-3-19 of the
21    Illinois Municipal Code, and from the State pursuant to
22    subsection (i) of Section 2705-305 of the Department of
23    Transportation Law (20 ILCS 2705/2705-305), and all other
24    operating revenues properly included consistent with
25    generally accepted accounting principles but do not
26    include: the proceeds of any borrowings, and, beginning

 

 

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

 

 

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

 

 

HB6946- 45 -LRB096 24302 RLJ 43778 b

1    consistent with generally accepted accounting principles.
2    However, the Board may exclude from costs an amount that
3    does not exceed the allowable "capital costs of
4    contracting" for ADA paratransit services pursuant to the
5    Federal Transit Administration guidelines for the
6    Urbanized Area Formula Program.
7    (c) The actual administrative expenses of the Authority for
8the fiscal year commencing January 1, 1985 may not exceed
9$5,000,000. The actual administrative expenses of the
10Authority for the fiscal year commencing January 1, 1986, and
11for each fiscal year thereafter shall not exceed the maximum
12administrative expenses for the previous fiscal year plus 5%.
13"Administrative expenses" are defined for purposes of this
14Section as all expenses except: (1) capital expenses and
15purchases of the Authority on behalf of the Service Boards; (2)
16payments to Service Boards; and (3) payment of principal and
17interest on bonds, notes or other evidence of obligation for
18borrowed money issued by the Authority; (4) costs for passenger
19security including grants, contracts, personnel, equipment and
20administrative expenses; (5) payments with respect to public
21transportation facilities made pursuant to subsection (b) of
22Section 2.20 of this Act; and (6) any payments with respect to
23rate protection contracts, credit enhancements or liquidity
24agreements made pursuant to Section 4.14.
25    (d) This subsection applies only until the Department
26begins administering and enforcing an increased tax under

 

 

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1Section 4.03(m) as authorized by this amendatory Act of the
295th General Assembly. After withholding 15% of the proceeds of
3any tax imposed by the Authority and 15% of money received by
4the Authority from the Regional Transportation Authority
5Occupation and Use Tax Replacement Fund, the Board shall
6allocate the proceeds and money remaining to the Service Boards
7as follows: (1) an amount equal to 85% of the proceeds of those
8taxes collected within the City of Chicago and 85% of the money
9received by the Authority on account of transfers to the
10Regional Transportation Authority Occupation and Use Tax
11Replacement Fund from the County and Mass Transit District Fund
12attributable to retail sales within the City of Chicago shall
13be allocated to the Chicago Transit Authority; (2) an amount
14equal to 85% of the proceeds of those taxes collected within
15Cook County outside the City of Chicago and 85% of the money
16received by the Authority on account of transfers to the
17Regional Transportation Authority Occupation and Use Tax
18Replacement Fund from the County and Mass Transit District Fund
19attributable to retail sales within Cook County outside of the
20city of Chicago shall be allocated 30% to the Chicago Transit
21Authority, 55% to the Commuter Rail Board and 15% to the
22Suburban Bus Board; and (3) an amount equal to 85% of the
23proceeds of the taxes collected within the Counties of DuPage,
24Kane, Lake, McHenry and Will shall be allocated 70% to the
25Commuter Rail Board and 30% to the Suburban Bus Board.
26    (e) This subsection applies only until the Department

 

 

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1begins administering and enforcing an increased tax under
2Section 4.03(m) as authorized by this amendatory Act of the
395th General Assembly. Moneys received by the Authority on
4account of transfers to the Regional Transportation Authority
5Occupation and Use Tax Replacement Fund from the State and
6Local Sales Tax Reform Fund shall be allocated among the
7Authority and the Service Boards as follows: 15% of such moneys
8shall be retained by the Authority and the remaining 85% shall
9be transferred to the Service Boards as soon as may be
10practicable after the Authority receives payment. Moneys which
11are distributable to the Service Boards pursuant to the
12preceding sentence shall be allocated among the Service Boards
13on the basis of each Service Board's distribution ratio. The
14term "distribution ratio" means, for purposes of this
15subsection (e) of this Section 4.01, the ratio of the total
16amount distributed to a Service Board pursuant to subsection
17(d) of Section 4.01 for the immediately preceding calendar year
18to the total amount distributed to all of the Service Boards
19pursuant to subsection (d) of Section 4.01 for the immediately
20preceding calendar year.
21    (f) To carry out its duties and responsibilities under this
22Act, the Board shall employ staff which shall: (1) propose for
23adoption by the Board of the Authority rules for the Service
24Boards that establish (i) forms and schedules to be used and
25information required to be provided with respect to a five-year
26capital program, annual budgets, and two-year financial plans

 

 

HB6946- 48 -LRB096 24302 RLJ 43778 b

1and regular reporting of actual results against adopted budgets
2and financial plans, (ii) financial practices to be followed in
3the budgeting and expenditure of public funds, (iii)
4assumptions and projections that must be followed in preparing
5and submitting its annual budget and two-year financial plan or
6a five-year capital program; (2) evaluate for the Board public
7transportation programs operated or proposed by the Service
8Boards and transportation agencies in terms of the goals and
9objectives set out in the Strategic Plan; (3) keep the Board
10and the public informed of the extent to which the Service
11Boards and transportation agencies are meeting the goals and
12objectives adopted by the Authority in the Strategic Plan; and
13(4) assess the efficiency or adequacy of public transportation
14services provided by a Service Board and make recommendations
15for change in that service to the end that the moneys available
16to the Authority may be expended in the most economical manner
17possible with the least possible duplication.
18    (g) All Service Boards, transportation agencies,
19comprehensive planning agencies, including the Chicago
20Metropolitan Agency for Planning, or transportation planning
21agencies in the metropolitan region shall furnish to the
22Authority such information pertaining to public transportation
23or relevant for plans therefor as it may from time to time
24require. The Executive Director, or his or her designee, shall,
25for the purpose of securing any such information necessary or
26appropriate to carry out any of the powers and responsibilities

 

 

HB6946- 49 -LRB096 24302 RLJ 43778 b

1of the Authority under this Act, have access to, and the right
2to examine, all books, documents, papers or records of a
3Service Board or any transportation agency receiving funds from
4the Authority or Service Board, and such Service Board or
5transportation agency shall comply with any request by the
6Executive Director, or his or her designee, within 30 days or
7an extended time provided by the Executive Director.
8    (h) No Service Board shall undertake any capital
9improvement which is not identified in the Five-Year Capital
10Program.
11(Source: P.A. 94-370, eff. 7-29-05; 95-708, eff. 1-18-08;
1295-906, eff. 8-26-08.)
 
13    (70 ILCS 3615/4.03)  (from Ch. 111 2/3, par. 704.03)
14    Sec. 4.03. Taxes.
15    (a) In order to carry out any of the powers or purposes of
16the Authority, the Board may by ordinance adopted with the
17concurrence of at least two-thirds 12 of the then Directors,
18impose throughout the metropolitan region any or all of the
19taxes provided in this Section. Except as otherwise provided in
20this Act, taxes imposed under this Section and civil penalties
21imposed incident thereto shall be collected and enforced by the
22State Department of Revenue. The Department shall have the
23power to administer and enforce the taxes and to determine all
24rights for refunds for erroneous payments of the taxes. Nothing
25in this amendatory Act of the 95th General Assembly is intended

 

 

HB6946- 50 -LRB096 24302 RLJ 43778 b

1to invalidate any taxes currently imposed by the Authority. The
2increased vote requirements to impose a tax shall only apply to
3actions taken after the effective date of this amendatory Act
4of the 95th General Assembly.
5    (b) The Board may impose a public transportation tax upon
6all persons engaged in the metropolitan region in the business
7of selling at retail motor fuel for operation of motor vehicles
8upon public highways. The tax shall be at a rate not to exceed
95% of the gross receipts from the sales of motor fuel in the
10course of the business. As used in this Act, the term "motor
11fuel" shall have the same meaning as in the Motor Fuel Tax Law.
12The Board may provide for details of the tax. The provisions of
13any tax shall conform, as closely as may be practicable, to the
14provisions of the Municipal Retailers Occupation Tax Act,
15including without limitation, conformity to penalties with
16respect to the tax imposed and as to the powers of the State
17Department of Revenue to promulgate and enforce rules and
18regulations relating to the administration and enforcement of
19the provisions of the tax imposed, except that reference in the
20Act to any municipality shall refer to the Authority and the
21tax shall be imposed only with regard to receipts from sales of
22motor fuel in the metropolitan region, at rates as limited by
23this Section.
24    (c) In connection with the tax imposed under paragraph (b)
25of this Section the Board may impose a tax upon the privilege
26of using in the metropolitan region motor fuel for the

 

 

HB6946- 51 -LRB096 24302 RLJ 43778 b

1operation of a motor vehicle upon public highways, the tax to
2be at a rate not in excess of the rate of tax imposed under
3paragraph (b) of this Section. The Board may provide for
4details of the tax.
5    (d) The Board may impose a motor vehicle parking tax upon
6the privilege of parking motor vehicles at off-street parking
7facilities in the metropolitan region at which a fee is
8charged, and may provide for reasonable classifications in and
9exemptions to the tax, for administration and enforcement
10thereof and for civil penalties and refunds thereunder and may
11provide criminal penalties thereunder, the maximum penalties
12not to exceed the maximum criminal penalties provided in the
13Retailers' Occupation Tax Act. The Authority may collect and
14enforce the tax itself or by contract with any unit of local
15government. The State Department of Revenue shall have no
16responsibility for the collection and enforcement unless the
17Department agrees with the Authority to undertake the
18collection and enforcement. As used in this paragraph, the term
19"parking facility" means a parking area or structure having
20parking spaces for more than 2 vehicles at which motor vehicles
21are permitted to park in return for an hourly, daily, or other
22periodic fee, whether publicly or privately owned, but does not
23include parking spaces on a public street, the use of which is
24regulated by parking meters.
25    (e) The Board may impose a Regional Transportation
26Authority Retailers' Occupation Tax upon all persons engaged in

 

 

HB6946- 52 -LRB096 24302 RLJ 43778 b

1the business of selling tangible personal property at retail in
2the metropolitan region. In Cook County the tax rate shall be
31.25% of the gross receipts from sales of food for human
4consumption that is to be consumed off the premises where it is
5sold (other than alcoholic beverages, soft drinks and food that
6has been prepared for immediate consumption) and prescription
7and nonprescription medicines, drugs, medical appliances and
8insulin, urine testing materials, syringes and needles used by
9diabetics, and 1% of the gross receipts from other taxable
10sales made in the course of that business. In DuPage, Kane,
11Lake, McHenry, and Will Counties, the tax rate shall be 0.75%
12of the gross receipts from all taxable sales made in the course
13of that business. The tax imposed under this Section and all
14civil penalties that may be assessed as an incident thereof
15shall be collected and enforced by the State Department of
16Revenue. The Department shall have full power to administer and
17enforce this Section; to collect all taxes and penalties so
18collected in the manner hereinafter provided; and to determine
19all rights to credit memoranda arising on account of the
20erroneous payment of tax or penalty hereunder. In the
21administration of, and compliance with this Section, the
22Department and persons who are subject to this Section shall
23have the same rights, remedies, privileges, immunities, powers
24and duties, and be subject to the same conditions,
25restrictions, limitations, penalties, exclusions, exemptions
26and definitions of terms, and employ the same modes of

 

 

HB6946- 53 -LRB096 24302 RLJ 43778 b

1procedure, as are prescribed in Sections 1, 1a, 1a-1, 1c, 1d,
21e, 1f, 1i, 1j, 2 through 2-65 (in respect to all provisions
3therein other than the State rate of tax), 2c, 3 (except as to
4the disposition of taxes and penalties collected), 4, 5, 5a,
55b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 7, 8,
69, 10, 11, 12 and 13 of the Retailers' Occupation Tax Act and
7Section 3-7 of the Uniform Penalty and Interest Act, as fully
8as if those provisions were set forth herein.
9    Persons subject to any tax imposed under the authority
10granted in this Section may reimburse themselves for their
11seller's tax liability hereunder by separately stating the tax
12as an additional charge, which charge may be stated in
13combination in a single amount with State taxes that sellers
14are required to collect under the Use Tax Act, under any
15bracket schedules the Department may prescribe.
16    Whenever the Department determines that a refund should be
17made under this Section to a claimant instead of issuing a
18credit memorandum, the Department shall notify the State
19Comptroller, who shall cause the warrant to be drawn for the
20amount specified, and to the person named, in the notification
21from the Department. The refund shall be paid by the State
22Treasurer out of the Regional Transportation Authority tax fund
23established under paragraph (n) of this Section.
24    If a tax is imposed under this subsection (e), a tax shall
25also be imposed under subsections (f) and (g) of this Section.
26    For the purpose of determining whether a tax authorized

 

 

HB6946- 54 -LRB096 24302 RLJ 43778 b

1under this Section is applicable, a retail sale by a producer
2of coal or other mineral mined in Illinois, is a sale at retail
3at the place where the coal or other mineral mined in Illinois
4is extracted from the earth. This paragraph does not apply to
5coal or other mineral when it is delivered or shipped by the
6seller to the purchaser at a point outside Illinois so that the
7sale is exempt under the Federal Constitution as a sale in
8interstate or foreign commerce.
9    No tax shall be imposed or collected under this subsection
10on the sale of a motor vehicle in this State to a resident of
11another state if that motor vehicle will not be titled in this
12State.
13    Nothing in this Section shall be construed to authorize the
14Regional Transportation Authority to impose a tax upon the
15privilege of engaging in any business that under the
16Constitution of the United States may not be made the subject
17of taxation by this State.
18    (f) If a tax has been imposed under paragraph (e), a
19Regional Transportation Authority Service Occupation Tax shall
20also be imposed upon all persons engaged, in the metropolitan
21region in the business of making sales of service, who as an
22incident to making the sales of service, transfer tangible
23personal property within the metropolitan region, either in the
24form of tangible personal property or in the form of real
25estate as an incident to a sale of service. In Cook County, the
26tax rate shall be: (1) 1.25% of the serviceman's cost price of

 

 

HB6946- 55 -LRB096 24302 RLJ 43778 b

1food prepared for immediate consumption and transferred
2incident to a sale of service subject to the service occupation
3tax by an entity licensed under the Hospital Licensing Act, the
4Nursing Home Care Act, or the MR/DD Community Care Act that is
5located in the metropolitan region; (2) 1.25% of the selling
6price of food for human consumption that is to be consumed off
7the premises where it is sold (other than alcoholic beverages,
8soft drinks and food that has been prepared for immediate
9consumption) and prescription and nonprescription medicines,
10drugs, medical appliances and insulin, urine testing
11materials, syringes and needles used by diabetics; and (3) 1%
12of the selling price from other taxable sales of tangible
13personal property transferred. In DuPage, Kane, Lake, McHenry
14and Will Counties the rate shall be 0.75% of the selling price
15of all tangible personal property transferred.
16    The tax imposed under this paragraph and all civil
17penalties that may be assessed as an incident thereof shall be
18collected and enforced by the State Department of Revenue. The
19Department shall have full power to administer and enforce this
20paragraph; to collect all taxes and penalties due hereunder; to
21dispose of taxes and penalties collected in the manner
22hereinafter provided; and to determine all rights to credit
23memoranda arising on account of the erroneous payment of tax or
24penalty hereunder. In the administration of and compliance with
25this paragraph, the Department and persons who are subject to
26this paragraph shall have the same rights, remedies,

 

 

HB6946- 56 -LRB096 24302 RLJ 43778 b

1privileges, immunities, powers and duties, and be subject to
2the same conditions, restrictions, limitations, penalties,
3exclusions, exemptions and definitions of terms, and employ the
4same modes of procedure, as are prescribed in Sections 1a-1, 2,
52a, 3 through 3-50 (in respect to all provisions therein other
6than the State rate of tax), 4 (except that the reference to
7the State shall be to the Authority), 5, 7, 8 (except that the
8jurisdiction to which the tax shall be a debt to the extent
9indicated in that Section 8 shall be the Authority), 9 (except
10as to the disposition of taxes and penalties collected, and
11except that the returned merchandise credit for this tax may
12not be taken against any State tax), 10, 11, 12 (except the
13reference therein to Section 2b of the Retailers' Occupation
14Tax Act), 13 (except that any reference to the State shall mean
15the Authority), the first paragraph of Section 15, 16, 17, 18,
1619 and 20 of the Service Occupation Tax Act and Section 3-7 of
17the Uniform Penalty and Interest Act, as fully as if those
18provisions were set forth herein.
19    Persons subject to any tax imposed under the authority
20granted in this paragraph may reimburse themselves for their
21serviceman's tax liability hereunder by separately stating the
22tax as an additional charge, that charge may be stated in
23combination in a single amount with State tax that servicemen
24are authorized to collect under the Service Use Tax Act, under
25any bracket schedules the Department may prescribe.
26    Whenever the Department determines that a refund should be

 

 

HB6946- 57 -LRB096 24302 RLJ 43778 b

1made under this paragraph to a claimant instead of issuing a
2credit memorandum, the Department shall notify the State
3Comptroller, who shall cause the warrant to be drawn for the
4amount specified, and to the person named in the notification
5from the Department. The refund shall be paid by the State
6Treasurer out of the Regional Transportation Authority tax fund
7established under paragraph (n) of this Section.
8    Nothing in this paragraph shall be construed to authorize
9the Authority to impose a tax upon the privilege of engaging in
10any business that under the Constitution of the United States
11may not be made the subject of taxation by the State.
12    (g) If a tax has been imposed under paragraph (e), a tax
13shall also be imposed upon the privilege of using in the
14metropolitan region, any item of tangible personal property
15that is purchased outside the metropolitan region at retail
16from a retailer, and that is titled or registered with an
17agency of this State's government. In Cook County the tax rate
18shall be 1% of the selling price of the tangible personal
19property, as "selling price" is defined in the Use Tax Act. In
20DuPage, Kane, Lake, McHenry and Will counties the tax rate
21shall be 0.75% of the selling price of the tangible personal
22property, as "selling price" is defined in the Use Tax Act. The
23tax shall be collected from persons whose Illinois address for
24titling or registration purposes is given as being in the
25metropolitan region. The tax shall be collected by the
26Department of Revenue for the Regional Transportation

 

 

HB6946- 58 -LRB096 24302 RLJ 43778 b

1Authority. The tax must be paid to the State, or an exemption
2determination must be obtained from the Department of Revenue,
3before the title or certificate of registration for the
4property may be issued. The tax or proof of exemption may be
5transmitted to the Department by way of the State agency with
6which, or the State officer with whom, the tangible personal
7property must be titled or registered if the Department and the
8State agency or State officer determine that this procedure
9will expedite the processing of applications for title or
10registration.
11    The Department shall have full power to administer and
12enforce this paragraph; to collect all taxes, penalties and
13interest due hereunder; to dispose of taxes, penalties and
14interest collected in the manner hereinafter provided; and to
15determine all rights to credit memoranda or refunds arising on
16account of the erroneous payment of tax, penalty or interest
17hereunder. In the administration of and compliance with this
18paragraph, the Department and persons who are subject to this
19paragraph shall have the same rights, remedies, privileges,
20immunities, powers and duties, and be subject to the same
21conditions, restrictions, limitations, penalties, exclusions,
22exemptions and definitions of terms and employ the same modes
23of procedure, as are prescribed in Sections 2 (except the
24definition of "retailer maintaining a place of business in this
25State"), 3 through 3-80 (except provisions pertaining to the
26State rate of tax, and except provisions concerning collection

 

 

HB6946- 59 -LRB096 24302 RLJ 43778 b

1or refunding of the tax by retailers), 4, 11, 12, 12a, 14, 15,
219 (except the portions pertaining to claims by retailers and
3except the last paragraph concerning refunds), 20, 21 and 22 of
4the Use Tax Act, and are not inconsistent with this paragraph,
5as fully as if those provisions were set forth herein.
6    Whenever the Department determines that a refund should be
7made under this paragraph to a claimant instead of issuing a
8credit memorandum, the Department shall notify the State
9Comptroller, who shall cause the order to be drawn for the
10amount specified, and to the person named in the notification
11from the Department. The refund shall be paid by the State
12Treasurer out of the Regional Transportation Authority tax fund
13established under paragraph (n) of this Section.
14    (h) The Authority may impose a replacement vehicle tax of
15$50 on any passenger car as defined in Section 1-157 of the
16Illinois Vehicle Code purchased within the metropolitan region
17by or on behalf of an insurance company to replace a passenger
18car of an insured person in settlement of a total loss claim.
19The tax imposed may not become effective before the first day
20of the month following the passage of the ordinance imposing
21the tax and receipt of a certified copy of the ordinance by the
22Department of Revenue. The Department of Revenue shall collect
23the tax for the Authority in accordance with Sections 3-2002
24and 3-2003 of the Illinois Vehicle Code.
25    The Department shall immediately pay over to the State
26Treasurer, ex officio, as trustee, all taxes collected

 

 

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1hereunder.
2    As soon as possible after the first day of each month,
3beginning January 1, 2011, upon certification of the Department
4of Revenue, the Comptroller shall order transferred, and the
5Treasurer shall transfer, to the STAR Bonds Revenue Fund the
6local sales tax increment, as defined in the Innovation
7Development and Economy Act, collected under this Section
8during the second preceding calendar month for sales within a
9STAR bond district.
10    After the monthly transfer to the STAR Bonds Revenue Fund,
11on or before the 25th day of each calendar month, the
12Department shall prepare and certify to the Comptroller the
13disbursement of stated sums of money to the Authority. The
14amount to be paid to the Authority shall be the amount
15collected hereunder during the second preceding calendar month
16by the Department, less any amount determined by the Department
17to be necessary for the payment of refunds, and less any
18amounts that are transferred to the STAR Bonds Revenue Fund.
19Within 10 days after receipt by the Comptroller of the
20disbursement certification to the Authority provided for in
21this Section to be given to the Comptroller by the Department,
22the Comptroller shall cause the orders to be drawn for that
23amount in accordance with the directions contained in the
24certification.
25    (i) The Board may not impose any other taxes except as it
26may from time to time be authorized by law to impose.

 

 

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1    (j) A certificate of registration issued by the State
2Department of Revenue to a retailer under the Retailers'
3Occupation Tax Act or under the Service Occupation Tax Act
4shall permit the registrant to engage in a business that is
5taxed under the tax imposed under paragraphs (b), (e), (f) or
6(g) of this Section and no additional registration shall be
7required under the tax. A certificate issued under the Use Tax
8Act or the Service Use Tax Act shall be applicable with regard
9to any tax imposed under paragraph (c) of this Section.
10    (k) The provisions of any tax imposed under paragraph (c)
11of this Section shall conform as closely as may be practicable
12to the provisions of the Use Tax Act, including without
13limitation conformity as to penalties with respect to the tax
14imposed and as to the powers of the State Department of Revenue
15to promulgate and enforce rules and regulations relating to the
16administration and enforcement of the provisions of the tax
17imposed. The taxes shall be imposed only on use within the
18metropolitan region and at rates as provided in the paragraph.
19    (l) The Board in imposing any tax as provided in paragraphs
20(b) and (c) of this Section, shall, after seeking the advice of
21the State Department of Revenue, provide means for retailers,
22users or purchasers of motor fuel for purposes other than those
23with regard to which the taxes may be imposed as provided in
24those paragraphs to receive refunds of taxes improperly paid,
25which provisions may be at variance with the refund provisions
26as applicable under the Municipal Retailers Occupation Tax Act.

 

 

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1The State Department of Revenue may provide for certificates of
2registration for users or purchasers of motor fuel for purposes
3other than those with regard to which taxes may be imposed as
4provided in paragraphs (b) and (c) of this Section to
5facilitate the reporting and nontaxability of the exempt sales
6or uses.
7    (m) Any ordinance imposing or discontinuing any tax under
8this Section shall be adopted and a certified copy thereof
9filed with the Department on or before June 1, whereupon the
10Department of Revenue shall proceed to administer and enforce
11this Section on behalf of the Regional Transportation Authority
12as of September 1 next following such adoption and filing.
13Beginning January 1, 1992, an ordinance or resolution imposing
14or discontinuing the tax hereunder shall be adopted and a
15certified copy thereof filed with the Department on or before
16the first day of July, whereupon the Department shall proceed
17to administer and enforce this Section as of the first day of
18October next following such adoption and filing. Beginning
19January 1, 1993, an ordinance or resolution imposing,
20increasing, decreasing, or discontinuing the tax hereunder
21shall be adopted and a certified copy thereof filed with the
22Department, whereupon the Department shall proceed to
23administer and enforce this Section as of the first day of the
24first month to occur not less than 60 days following such
25adoption and filing. Any ordinance or resolution of the
26Authority imposing a tax under this Section and in effect on

 

 

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1August 1, 2007 shall remain in full force and effect and shall
2be administered by the Department of Revenue under the terms
3and conditions and rates of tax established by such ordinance
4or resolution until the Department begins administering and
5enforcing an increased tax under this Section as authorized by
6this amendatory Act of the 95th General Assembly. The tax rates
7authorized by this amendatory Act of the 95th General Assembly
8are effective only if imposed by ordinance of the Authority.
9    (n) The State Department of Revenue shall, upon collecting
10any taxes as provided in this Section, pay the taxes over to
11the State Treasurer as trustee for the Authority. The taxes
12shall be held in a trust fund outside the State Treasury. On or
13before the 25th day of each calendar month, the State
14Department of Revenue shall prepare and certify to the
15Comptroller of the State of Illinois and to the Authority (i)
16the amount of taxes collected in each County other than Cook
17County in the metropolitan region, (ii) the amount of taxes
18collected within the City of Chicago, and (iii) the amount
19collected in that portion of Cook County outside of Chicago,
20each amount less the amount necessary for the payment of
21refunds to taxpayers located in those areas described in items
22(i), (ii), and (iii). Within 10 days after receipt by the
23Comptroller of the certification of the amounts, the
24Comptroller shall cause an order to be drawn for the payment of
25two-thirds of the amounts certified in item (i) of this
26subsection to the Authority and one-third of the amounts

 

 

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1certified in item (i) of this subsection to the respective
2counties other than Cook County and the amount certified in
3items (ii) and (iii) of this subsection to the Authority.
4    In addition to the disbursement required by the preceding
5paragraph, an allocation shall be made in July 1991 and each
6year thereafter to the Regional Transportation Authority. The
7allocation shall be made in an amount equal to the average
8monthly distribution during the preceding calendar year
9(excluding the 2 months of lowest receipts) and the allocation
10shall include the amount of average monthly distribution from
11the Regional Transportation Authority Occupation and Use Tax
12Replacement Fund. The distribution made in July 1992 and each
13year thereafter under this paragraph and the preceding
14paragraph shall be reduced by the amount allocated and
15disbursed under this paragraph in the preceding calendar year.
16The Department of Revenue shall prepare and certify to the
17Comptroller for disbursement the allocations made in
18accordance with this paragraph.
19    (o) Failure to adopt a budget ordinance or otherwise to
20comply with Section 4.01 of this Act or to adopt a Five-year
21Capital Program or otherwise to comply with paragraph (b) of
22Section 2.01 of this Act shall not affect the validity of any
23tax imposed by the Authority otherwise in conformity with law.
24    (p) At no time shall a public transportation tax or motor
25vehicle parking tax authorized under paragraphs (b), (c) and
26(d) of this Section be in effect at the same time as any

 

 

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1retailers' occupation, use or service occupation tax
2authorized under paragraphs (e), (f) and (g) of this Section is
3in effect.
4    Any taxes imposed under the authority provided in
5paragraphs (b), (c) and (d) shall remain in effect only until
6the time as any tax authorized by paragraphs (e), (f) or (g) of
7this Section are imposed and becomes effective. Once any tax
8authorized by paragraphs (e), (f) or (g) is imposed the Board
9may not reimpose taxes as authorized in paragraphs (b), (c) and
10(d) of the Section unless any tax authorized by paragraphs (e),
11(f) or (g) of this Section becomes ineffective by means other
12than an ordinance of the Board.
13    (q) Any existing rights, remedies and obligations
14(including enforcement by the Regional Transportation
15Authority) arising under any tax imposed under paragraphs (b),
16(c) or (d) of this Section shall not be affected by the
17imposition of a tax under paragraphs (e), (f) or (g) of this
18Section.
19(Source: P.A. 95-708, eff. 1-18-08; 96-339, eff. 7-1-10;
2096-939, eff. 6-24-10.)
 
21    (70 ILCS 3615/4.11)  (from Ch. 111 2/3, par. 704.11)
22    Sec. 4.11. Budget Review Powers.
23    (a) Based upon estimates which shall be given to the
24Authority by the Director of the Governor's Office of
25Management and Budget (formerly Bureau of the Budget) of the

 

 

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1receipts to be received by the Authority from the taxes imposed
2by the Authority and the authorized estimates of amounts to be
3available from State and other sources to the Service Boards,
4and the times at which such receipts and amounts will be
5available, the Board shall, not later than the next preceding
6September 15th prior to the beginning of the Authority's next
7fiscal year, advise each Service Board of the amounts estimated
8by the Board to be available for such Service Board during such
9fiscal year and the two following fiscal years and the times at
10which such amounts will be available. The Board shall, at the
11same time, also advise each Service Board of its required
12system generated revenues recovery ratio for the next fiscal
13year which shall be the percentage of the aggregate costs of
14providing public transportation by or under jurisdiction of
15that Service Board which must be recovered from system
16generated revenues. The Board shall, at the same time,
17beginning with the 2007 fiscal year, also advise each Service
18Board that provides ADA paratransit services of its required
19system generated ADA paratransit services revenue recovery
20ratio for the next fiscal year which shall be the percentage of
21the aggregate costs of providing ADA paratransit services by or
22under jurisdiction of that Service Board which must be
23recovered from fares charged for such services, except that
24such required system generated ADA paratransit services
25revenue recovery ratio shall not exceed the minimum percentage
26established pursuant to Section 4.01(b)(ii) of this Act. In

 

 

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1determining a Service Board's system generated revenue
2recovery ratio, the Board shall consider the historical system
3generated revenues recovery ratio for the services subject to
4the jurisdiction of that Service Board. The Board shall not
5increase a Service Board's system generated revenues recovery
6ratio for the next fiscal year over such ratio for the current
7fiscal year disproportionately or prejudicially to increases
8in such ratios for other Service Boards. The Board may, by
9ordinance, provide that (i) the cost of research and
10development projects in the fiscal year beginning January 1,
111986 and ending December 31, 1986 conducted pursuant to Section
122.09 of this Act, (ii) the costs for passenger security, and
13(iii) expenditures of amounts granted to a Service Board from
14the Innovation, Coordination, and Enhancement Fund for
15operating purposes may be exempted from the farebox recovery
16ratio or the system generated revenues recovery ratio of the
17Chicago Transit Authority, the Suburban Bus Board, and the
18Commuter Rail Board, or any of them. During fiscal years 2008
19through 2012, the Board may also allocate the exemption of
20$200,000,000 and the reducing amounts of costs provided by this
21amendatory Act of the 95th General Assembly from the farebox
22recovery ratio or system generated revenues recovery ratio of
23each Service Board.
24    (b)(1) Not later than the next preceding November 15 prior
25to the commencement of such fiscal year, each Service Board
26shall submit to the Authority its proposed budget for such

 

 

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1fiscal year and its proposed financial plan for the two
2following fiscal years. Such budget and financial plan shall
3(i) be prepared in the format, follow the financial and
4budgetary practices, and be based on any assumptions and
5projections required by the Authority and (ii) not project or
6assume a receipt of revenues from the Authority in amounts
7greater than those set forth in the estimates provided by the
8Authority pursuant to subsection (a) of this Section.
9    (2) The Board shall review the proposed budget and two-year
10financial plan submitted by each Service Board. The Board shall
11approve the budget and two-year financial plan of a Service
12Board if:
13        (i) such budget and plan show a balance between (A)
14    anticipated revenues from all sources including operating
15    subsidies and (B) the costs of providing the services
16    specified and of funding any operating deficits or
17    encumbrances incurred in prior periods, including
18    provision for payment when due of principal and interest on
19    outstanding indebtedness;
20        (ii) such budget and plan show cash balances including
21    the proceeds of any anticipated cash flow borrowing
22    sufficient to pay with reasonable promptness all costs and
23    expenses as incurred;
24        (iii) such budget and plan provide for a level of fares
25    or charges and operating or administrative costs for the
26    public transportation provided by or subject to the

 

 

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1    jurisdiction of such Service Board sufficient to allow the
2    Service Board to meet its required system generated revenue
3    recovery ratio and, beginning with the 2007 fiscal year,
4    system generated ADA paratransit services revenue recovery
5    ratio;
6        (iv) such budget and plan are based upon and employ
7    assumptions and projections which are reasonable and
8    prudent;
9        (v) such budget and plan have been prepared in
10    accordance with sound financial practices as determined by
11    the Board;
12        (vi) such budget and plan meet such other financial,
13    budgetary, or fiscal requirements that the Board may by
14    rule or regulation establish; and
15        (vii) such budget and plan are consistent with the
16    goals and objectives adopted by the Authority in the
17    Strategic Plan.
18    (3) (Blank).
19    (4) Unless the Board by an affirmative vote of at least
20two-thirds 12 of the then Directors determines that the budget
21and financial plan of a Service Board meets the criteria
22specified in clauses (i) through (vii) of subparagraph (2) of
23this paragraph (b), the Board shall withhold from that Service
24Board 25% of the cash proceeds of taxes imposed by the
25Authority under Section 4.03 and Section 4.03.1 and received
26after February 1 and 25% of the amounts transferred to the

 

 

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1Authority from the Public Transportation Fund under Section
24.09(a) (but not including Section 4.09(a)(3)(iv)) after
3February 1 that the Board has estimated to be available to that
4Service Board under Section 4.11(a). Such funding shall be
5released to the Service Board only upon approval of a budget
6and financial plan under this Section or adoption of a budget
7and financial plan on behalf of the Service Board by the
8Authority.
9    (5) If the Board has not found that the budget and
10financial plan of a Service Board meets the criteria specified
11in clauses (i) through (vii) of subparagraph (2) of this
12paragraph (b), the Board, by the affirmative vote of at least
13two-thirds 12 of its then Directors, shall adopt a budget and
14financial plan meeting such criteria for that Service Board.
15    (c)(1) If the Board shall at any time have received a
16revised estimate, or revises any estimate the Board has made,
17pursuant to this Section of the receipts to be collected by the
18Authority which, in the judgment of the Board, requires a
19change in the estimates on which the budget of any Service
20Board is based, the Board shall advise the affected Service
21Board of such revised estimates, and such Service Board shall
22within 30 days after receipt of such advice submit a revised
23budget incorporating such revised estimates. If the revised
24estimates require, in the judgment of the Board, that the
25system generated revenues recovery ratio of one or more Service
26Boards be revised in order to allow the Authority to meet its

 

 

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1required ratio, the Board shall advise any such Service Board
2of its revised ratio and such Service Board shall within 30
3days after receipt of such advice submit a revised budget
4incorporating such revised estimates or ratio.
5    (2) Each Service Board shall, within such period after the
6end of each fiscal quarter as shall be specified by the Board,
7report to the Authority its financial condition and results of
8operations and the financial condition and results of
9operations of the public transportation services subject to its
10jurisdiction, as at the end of and for such quarter. If in the
11judgment of the Board such condition and results are not
12substantially in accordance with such Service Board's budget
13for such period, the Board shall so advise such Service Board
14and such Service Board shall within the period specified by the
15Board submit a revised budget incorporating such results.
16    (3) If the Board shall determine that a revised budget
17submitted by a Service Board pursuant to subparagraph (1) or
18(2) of this paragraph (c) does not meet the criteria specified
19in clauses (i) through (vii) of subparagraph (2) of paragraph
20(b) of this Section, the Board shall withhold from that Service
21Board 25% of the cash proceeds of taxes imposed by the
22Authority under Section 4.03 or 4.03.1 and received by the
23Authority after February 1 and 25% of the amounts transferred
24to the Authority from the Public Transportation Fund under
25Section 4.09(a) (but not including Section 4.09(a)(3)(iv))
26after February 1 that the Board has estimated to be available

 

 

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1to that Service Board under Section 4.11(a). If the Service
2Board submits a revised financial plan and budget which plan
3and budget shows that the criteria will be met within a four
4quarter period, the Board shall release any such withheld funds
5to the Service Board. The Board by the affirmative vote of at
6least two-thirds 12 of its then Directors may require a Service
7Board to submit a revised financial plan and budget which shows
8that the criteria will be met in a time period less than four
9quarters.
10    (d) All budgets and financial plans, financial statements,
11audits and other information presented to the Authority
12pursuant to this Section or which may be required by the Board
13to permit it to monitor compliance with the provisions of this
14Section shall be prepared and presented in such manner and
15frequency and in such detail as shall have been prescribed by
16the Board, shall be prepared on both an accrual and cash flow
17basis as specified by the Board, shall present such information
18as the Authority shall prescribe that fairly presents the
19condition of any pension plan or trust for health care benefits
20with respect to retirees established by the Service Board and
21describes the plans of the Service Board to meet the
22requirements of Sections 4.02a and 4.02b, and shall identify
23and describe the assumptions and projections employed in the
24preparation thereof to the extent required by the Board. If the
25Executive Director certifies that a Service Board has not
26presented its budget and two-year financial plan in conformity

 

 

HB6946- 73 -LRB096 24302 RLJ 43778 b

1with the rules adopted by the Authority under the provisions of
2Section 4.01(f) and this subsection (d), and such certification
3is accepted by the affirmative vote of at least two-thirds 12
4of the then Directors of the Authority, the Authority shall not
5distribute to that Service Board any funds for operating
6purposes in excess of the amounts distributed for such purposes
7to the Service Board in the previous fiscal year. Except when
8the Board adopts a budget and a financial plan for a Service
9Board under paragraph (b)(5), a Service Board shall provide for
10such levels of transportation services and fares or charges
11therefor as it deems appropriate and necessary in the
12preparation of a budget and financial plan meeting the criteria
13set forth in clauses (i) through (vii) of subparagraph (2) of
14paragraph (b) of this Section. The Authority shall have access
15to and the right to examine and copy all books, documents,
16papers, records, or other source data of a Service Board
17relevant to any information submitted pursuant to this Section.
18    (e) Whenever this Section requires the Board to make
19determinations with respect to estimates, budgets or financial
20plans, or rules or regulations with respect thereto such
21determinations shall be made upon the affirmative vote of at
22least two-thirds 12 of the then Directors and shall be
23incorporated in a written report of the Board and such report
24shall be submitted within 10 days after such determinations are
25made to the Governor, the Mayor of Chicago (if such
26determinations relate to the Chicago Transit Authority), and

 

 

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1the Auditor General of Illinois.
2(Source: P.A. 94-370, eff. 7-29-05; 95-708, eff. 1-18-08.)
 
3    (70 ILCS 3615/4.14)  (from Ch. 111 2/3, par. 704.14)
4    Sec. 4.14. Rate Protection Contract. "Rate Protection
5Contract" means interest rate price exchange agreements;
6currency exchange agreements; forward payment conversion
7agreements; contracts providing for payment or receipt of funds
8based on levels of, or changes in, interest rates, currency
9exchange rates, stock or other indices; contracts to exchange
10cash flows or a series of payments; contracts, including
11without limitation, interest rate caps; interest rate floor;
12interest rate locks; interest rate collars; rate of return
13guarantees or assurances, to manage payment, currency, rate,
14spread or similar exposure; the obligation, right, or option to
15issue, put, lend, sell, grant a security interest in, buy,
16borrow or otherwise acquire, a bond, note or other security or
17interest therein as an investment, as collateral, as a hedge,
18or otherwise as a source or assurance of payment to or by the
19Authority or as a reduction of the Authority's or an obligor's
20risk exposure; repurchase agreements; securities lending
21agreements; and other agreements or arrangements similar to the
22foregoing.
23    Notwithstanding any provision in Section 2.20 (a) (ii) of
24this Act to the contrary, in connection with or incidental to
25the issuance by the Authority of its bonds or notes under the

 

 

HB6946- 75 -LRB096 24302 RLJ 43778 b

1provisions of Section 4.04 or the exercise of its powers under
2subsection (b) of Section 2.20, the Authority, for its own
3benefit or for the benefit of the holders of its obligations or
4their trustee, may enter into rate protection contracts. The
5Authority may enter into rate protection contracts only
6pursuant to a determination by a vote of at least two-thirds 12
7of the then Directors that the terms of the contracts and any
8related agreements reduce the risk of loss to the Authority, or
9protect, preserve or enhance the value of its assets, or
10provide compensation to the Authority for losses resulting from
11changes in interest rates. The Authority's obligations under
12any rate protection contract or credit enhancement or liquidity
13agreement shall not be considered bonds or notes for purposes
14of this Act. For purposes of this Section a rate protection
15contract is a contract determined by the Authority as necessary
16or appropriate to permit it to manage payment, currency or
17interest rate risks or levels.
18(Source: P.A. 95-708, eff. 1-18-08.)
 
19    Section 99. Effective date. This Act takes effect upon
20becoming law.