Rep. Elaine Nekritz

Filed: 3/30/2011

 

 


 

 


 
09700HB0585ham004LRB097 03412 RLJ 53601 a

1
AMENDMENT TO HOUSE BILL 585

2    AMENDMENT NO. ______. Amend House Bill 585 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Regional Transportation Authority Act is
5amended by changing Sections 2.01c, 2.01d, 2.01e, 4.03.3, and
64.11 as follows:
 
7    (70 ILCS 3615/2.01c)
8    Sec. 2.01c. Innovation, Coordination, and Enhancement
9Fund.
10    (a) The Authority shall establish an Innovation,
11Coordination, and Enhancement Fund and each year deposit into
12the Fund an amount equal to $10,000,000 in 2008, and, each year
13thereafter, an amount equal to the amount deposited in the
14previous year increased or decreased by the percentage growth
15or decline in revenues received by the Authority from taxes
16imposed under Section 4.03 in the previous year the amounts

 

 

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1directed by Section 4.03.3 of this Act. Amounts on deposit in
2such Fund and interest and other earnings on those amounts may
3be used by the Authority, upon the affirmative vote of 12 of
4its then Directors, and after a public participation process,
5for operating or capital grants or loans to Service Boards,
6transportation agencies, or units of local government that
7advance the goals and objectives identified by the Authority in
8its Strategic Plan, provided that no improvement that has been
9included in a Five-Year Capital Program as of the effective
10date of this amendatory Act of the 95th General Assembly may
11receive any funding from the Innovation, Coordination, and
12Enhancement Fund. Unless the Board has determined by a vote of
1312 of its then Directors that an emergency exists requiring the
14use of some or all of the funds then in the Innovation,
15Coordination, and Enhancement Fund, such funds may only be used
16to enhance the coordination and integration of public
17transportation and develop and implement innovations to
18improve the quality and delivery of public transportation.
19    (b) Any grantee that receives funds from the Innovation,
20Coordination, and Enhancement Fund for the operation of
21eligible programs must (i) implement such programs within one
22year of receipt of such funds and (ii) within 2 years following
23commencement of any program utilizing such funds, determine
24whether it is desirable to continue the program, and upon such
25a determination, either incorporate such program into its
26annual operating budget and capital program or discontinue such

 

 

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1program. No additional funds from the Innovation,
2Coordination, and Enhancement Fund may be distributed to a
3grantee for any individual program beyond 2 years unless the
4Authority by the affirmative vote of at least 12 of its then
5Directors waives this limitation. Any such waiver will be with
6regard to an individual program and with regard to a one
7year-period, and any further waivers for such individual
8program require a subsequent vote of the Board.
9(Source: P.A. 95-708, eff. 1-18-08.)
 
10    (70 ILCS 3615/2.01d)
11    Sec. 2.01d. ADA Paratransit Fund. The Authority shall
12establish an ADA Paratransit Fund and, each year, deposit into
13that Fund the following amounts: (i) a base amount equal to
14$115,000,000 in 2012, and, each year thereafter, an amount
15equal to 105% of the final budgeted funding for ADA paratransit
16services for the prior year, (ii) the amounts directed by
17Section 4.03.3 of this Act and any funds received from the
18State pursuant to appropriations for the purpose of funding ADA
19paratransit services, and (iii) any additional funds necessary
20to fund the budget or amended budget for ADA paratransit
21services adopted or approved by the Board for the current year.
22The amounts on deposit in the Fund and interest and other
23earnings on those amounts shall be used by the Authority to
24make grants to the Suburban Bus Board for ADA paratransit
25services provided pursuant to plans approved by the Authority

 

 

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1under Section 2.30 of this Act. Funds received by the Suburban
2Bus Board from the Authority's ADA Paratransit Fund shall be
3used only to provide ADA paratransit services to individuals
4who are determined to be eligible for such services by the
5Authority under the Americans with Disabilities Act of 1990 and
6its implementing regulations. Revenues from and costs of
7services provided by the Suburban Bus Board with grants made
8under this Section shall be included in the Annual Budget and
9Two-Year Financial Program of the Suburban Bus Board and shall
10be subject to all budgetary and financial requirements under
11this Act that apply to ADA paratransit services. Beginning in
122008, the Executive Director shall, no later than August 15 of
13each year, provide to the Board a written determination of the
14projected annual costs of ADA paratransit services that are
15required to be provided pursuant to the Americans with
16Disabilities Act of 1990 and its implementing regulations for
17the current year. The Authority shall conduct triennial
18financial, compliance, and performance audits of ADA
19paratransit services to assist in this determination.
20(Source: P.A. 95-708, eff. 1-18-08.)
 
21    (70 ILCS 3615/2.01e)
22    Sec. 2.01e. Suburban Community Mobility Fund. The
23Authority shall establish a Suburban Community Mobility Fund
24and, each year, deposit into that Fund an amount equal to
25$20,000,000 in 2008, and, each year thereafter, an amount equal

 

 

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1to the amount deposited in the previous year increased or
2decreased by the percentage growth or decline in revenues
3received by the Authority from taxes imposed under Section 4.03
4in the previous year the amounts directed by Section 4.03.3 of
5this Act. The amounts on deposit in the Fund and interest and
6other earnings on those amounts shall be used by the Authority
7to make grants to the Suburban Bus Board for the purpose of
8operating transit services, other than traditional fixed-route
9services, that enhance suburban mobility, including, but not
10limited to, demand-responsive transit services, ride sharing,
11van pooling, service coordination, centralized dispatching and
12call taking, reverse commuting, service restructuring, and bus
13rapid transit. Revenues from and costs of services provided by
14the Suburban Bus Board with moneys from the Suburban Community
15Mobility Fund shall be included in the Annual Budget and
16Two-Year Financial Program of the Suburban Bus Board and shall
17be subject to all budgetary and financial requirements under
18this Act.
19(Source: P.A. 95-708, eff. 1-18-08.)
 
20    (70 ILCS 3615/4.03.3)
21    Sec. 4.03.3. Distribution of Revenues. This Section
22applies only after the Department begins administering and
23enforcing an increased tax under Section 4.03(m) as authorized
24by this amendatory Act of the 95th General Assembly. After
25providing for payment of its obligations with respect to bonds

 

 

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1and notes issued under the provisions of Section 4.04 and
2obligations related to those bonds and notes, the Authority
3shall disburse the remaining proceeds from taxes it has
4received from the Department of Revenue under this Article IV
5and the remaining proceeds it has received from the State under
6Section 4.09(a) as follows:
7    (a) With respect to taxes imposed by the Authority under
8Section 4.03, after withholding 15% of 80% of the receipts from
9those taxes collected in Cook County at a rate of 1.25%, 15% of
1075% of the receipts from those taxes collected in Cook County
11at the rate of 1%, 15% of one-half of the receipts from those
12taxes collected in DuPage, Kane, Lake, McHenry, and Will
13Counties, and 15% of money received by the Authority from the
14Regional Transportation Authority Occupation and Use Tax
15Replacement Fund or from the Regional Transportation Authority
16tax fund created in Section 4.03(n), the Board shall allocate
17the proceeds and money remaining to the Service Boards as
18follows:
19        (1) an amount equal to (i) 85% of 80% of the receipts
20    from those taxes collected within the City of Chicago at a
21    rate of 1.25%, (ii) 85% of 75% of the receipts from those
22    taxes collected in the City of Chicago at the rate of 1%,
23    and (iii) 85% of the money received by the Authority on
24    account of transfers to the Regional Transportation
25    Authority Occupation and Use Tax Replacement Fund or to the
26    Regional Transportation Authority tax fund created in

 

 

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1    Section 4.03(n) from the County and Mass Transit District
2    Fund attributable to retail sales within the City of
3    Chicago shall be allocated to the Chicago Transit
4    Authority;
5        (2) an amount equal to (i) 85% of 80% of the receipts
6    from those taxes collected within Cook County outside of
7    the City of Chicago at a rate of 1.25%, (ii) 85% of 75% of
8    the receipts from those taxes collected within Cook County
9    outside the City of Chicago at a rate of 1%, and (iii) 85%
10    of the money received by the Authority on account of
11    transfers to the Regional Transportation Authority
12    Occupation and Use Tax Replacement Fund or to the Regional
13    Transportation Authority tax fund created in Section
14    4.03(n) from the County and Mass Transit District Fund
15    attributable to retail sales within Cook County outside of
16    the City of Chicago shall be allocated 30% to the Chicago
17    Transit Authority, 55% to the Commuter Rail Board, and 15%
18    to the Suburban Bus Board; and
19        (3) an amount equal to 85% of one-half of the receipts
20    from the taxes collected within the Counties of DuPage,
21    Kane, Lake, McHenry, and Will shall be allocated 70% to the
22    Commuter Rail Board and 30% to the Suburban Bus Board.
23    (b) Moneys received by the Authority on account of
24transfers to the Regional Transportation Authority Occupation
25and Use Tax Replacement Fund from the State and Local Sales Tax
26Reform Fund shall be allocated among the Authority and the

 

 

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1Service Boards as follows: 15% of such moneys shall be retained
2by the Authority and the remaining 85% shall be transferred to
3the Service Boards as soon as may be practicable after the
4Authority receives payment. Moneys which are distributable to
5the Service Boards pursuant to the preceding sentence shall be
6allocated among the Service Boards on the basis of each Service
7Board's distribution ratio. The term "distribution ratio"
8means, for purposes of this subsection (b), the ratio of the
9total amount distributed to a Service Board pursuant to
10subsection (a) of Section 4.03.3 for the immediately preceding
11calendar year to the total amount distributed to all of the
12Service Boards pursuant to subsection (a) of Section 4.03.3 for
13the immediately preceding calendar year.
14    (c)(i) 20% of the receipts from those taxes collected in
15Cook County under Section 4.03 at the rate of 1.25%, (ii) 25%
16of the receipts from those taxes collected in Cook County under
17Section 4.03 at the rate of 1%, (iii) 50% of the receipts from
18those taxes collected in DuPage, Kane, Lake, McHenry, and Will
19Counties under Section 4.03, and (iv) amounts received from the
20State under Section 4.09 (a)(2) and items (i), (ii), and (iii)
21of Section 4.09 (a)(3) shall be allocated as follows: the
22amount required to be deposited into in 2008, $100,000,000
23shall be deposited in the ADA Paratransit Fund described in
24Section 2.01d, the amount required to be deposited into
25$20,000,000 shall be deposited in the Suburban Community
26Mobility Fund described in Section 2.01e, and the amount

 

 

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1required to be deposited into $10,000,000 shall be deposited in
2the Innovation, Coordination and Enhancement Fund described in
3Section 2.01c, and the balance shall be allocated 48% to the
4Chicago Transit Authority, 39% to the Commuter Rail Board, and
513% to the Suburban Bus Board; and in 2009 and each year
6thereafter, the amounts deposited in the ADA Paratransit Fund,
7the Suburban Community Mobility Fund and the Innovation,
8Coordination and Enhancement Fund respectively shall equal the
9amount deposited in the previous year increased or decreased by
10the percentage growth or decline in revenues received by the
11Authority from taxes imposed under Section 4.03 in the previous
12year, and the balance shall be allocated 48% to the Chicago
13Transit Authority, 39% to the Commuter Rail Board and 13% to
14the Suburban Bus Board.
15    (d) Amounts received from the State under Section 4.09
16(a)(3)(iv) shall be distributed 100% to the Chicago Transit
17Authority.
18    (e) With respect to those taxes collected in DuPage, Kane,
19Lake, McHenry, and Will Counties and paid directly to the
20counties under Section 4.03, the County Board of each county
21shall use those amounts to fund operating and capital costs of
22public safety and public transportation services or facilities
23or to fund operating, capital, right-of-way, construction, and
24maintenance costs of other transportation purposes, including
25road, bridge, public safety, and transit purposes intended to
26improve mobility or reduce congestion in the county. The

 

 

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1receipt of funding by such counties pursuant to this paragraph
2shall not be used as the basis for reducing any funds that such
3counties would otherwise have received from the State of
4Illinois, any agency or instrumentality thereof, the
5Authority, or the Service Boards.
6    (f) The Authority by ordinance adopted by 12 of its then
7Directors shall apportion to the Service Boards funds provided
8by the State of Illinois under Section 4.09(a)(1) as it shall
9determine and shall make payment of the amounts to each Service
10Board as soon as may be practicable upon their receipt provided
11the Authority has adopted a balanced budget as required by
12Section 4.01 and further provided the Service Board is in
13compliance with the requirements in Section 4.11.
14    (g) Beginning January 1, 2009, before making any payments,
15transfers, or expenditures under this Section to a Service
16Board, the Authority must first comply with Section 4.02a or
174.02b of this Act, whichever may be applicable.
18(Source: P.A. 95-708, eff. 1-18-08.)
 
19    (70 ILCS 3615/4.11)  (from Ch. 111 2/3, par. 704.11)
20    Sec. 4.11. Budget Review Powers.
21    (a) Based upon estimates which shall be given to the
22Authority by the Director of the Governor's Office of
23Management and Budget (formerly Bureau of the Budget) of the
24receipts to be received by the Authority from the taxes imposed
25by the Authority and the authorized estimates of amounts to be

 

 

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1available from State and other sources to the Service Boards,
2and the times at which such receipts and amounts will be
3available, the Board shall, not later than the next preceding
4September 15th prior to the beginning of the Authority's next
5fiscal year, advise each Service Board of the amounts estimated
6by the Board to be available for such Service Board during such
7fiscal year and the two following fiscal years and the times at
8which such amounts will be available. The Board shall, at the
9same time, also advise each Service Board of its required
10system generated revenues recovery ratio for the next fiscal
11year which shall be the percentage of the aggregate costs of
12providing public transportation by or under jurisdiction of
13that Service Board which must be recovered from system
14generated revenues. The Board shall, at the same time, consider
15the written determination of the Executive Director, made
16pursuant to Section 2.01d, of the costs of ADA paratransit
17services that are required to be provided under the federal
18Americans with Disabilities Act of 1990 and its implementing
19regulations, and shall amend the current year budgets of the
20Authority and the Service Boards to provide for additional
21funding for the provision of ADA paratransit services, if
22needed. The Board shall, at the same time, beginning with the
232007 fiscal year, also advise each Service Board that provides
24ADA paratransit services of its required system generated ADA
25paratransit services revenue recovery ratio for the next fiscal
26year which shall be the percentage of the aggregate costs of

 

 

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1providing ADA paratransit services by or under jurisdiction of
2that Service Board which must be recovered from fares charged
3for such services, except that such required system generated
4ADA paratransit services revenue recovery ratio shall not
5exceed the minimum percentage established pursuant to Section
64.01(b)(ii) of this Act. In determining a Service Board's
7system generated revenue recovery ratio, the Board shall
8consider the historical system generated revenues recovery
9ratio for the services subject to the jurisdiction of that
10Service Board. The Board shall not increase a Service Board's
11system generated revenues recovery ratio for the next fiscal
12year over such ratio for the current fiscal year
13disproportionately or prejudicially to increases in such
14ratios for other Service Boards. The Board may, by ordinance,
15provide that (i) the cost of research and development projects
16in the fiscal year beginning January 1, 1986 and ending
17December 31, 1986 conducted pursuant to Section 2.09 of this
18Act, (ii) the costs for passenger security, and (iii)
19expenditures of amounts granted to a Service Board from the
20Innovation, Coordination, and Enhancement Fund for operating
21purposes may be exempted from the farebox recovery ratio or the
22system generated revenues recovery ratio of the Chicago Transit
23Authority, the Suburban Bus Board, and the Commuter Rail Board,
24or any of them. During fiscal years 2008 through 2012, the
25Board may also allocate the exemption of $200,000,000 and the
26reducing amounts of costs provided by this amendatory Act of

 

 

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1the 95th General Assembly from the farebox recovery ratio or
2system generated revenues recovery ratio of each Service Board.
3    (b)(1) Not later than the next preceding November 15 prior
4to the commencement of such fiscal year, each Service Board
5shall submit to the Authority its proposed budget for such
6fiscal year and its proposed financial plan for the two
7following fiscal years. Such budget and financial plan shall
8(i) be prepared in the format, follow the financial and
9budgetary practices, and be based on any assumptions and
10projections required by the Authority and (ii) not project or
11assume a receipt of revenues from the Authority in amounts
12greater than those set forth in the estimates provided by the
13Authority pursuant to subsection (a) of this Section.
14    (2) The Board shall review the proposed budget and two-year
15financial plan submitted by each Service Board. The Board shall
16approve the budget and two-year financial plan of a Service
17Board if:
18        (i) such budget and plan show a balance between (A)
19    anticipated revenues from all sources including operating
20    subsidies and (B) the costs of providing the services
21    specified and of funding any operating deficits or
22    encumbrances incurred in prior periods, including
23    provision for payment when due of principal and interest on
24    outstanding indebtedness;
25        (ii) such budget and plan show cash balances including
26    the proceeds of any anticipated cash flow borrowing

 

 

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1    sufficient to pay with reasonable promptness all costs and
2    expenses as incurred;
3        (iii) such budget and plan provide for a level of fares
4    or charges and operating or administrative costs for the
5    public transportation provided by or subject to the
6    jurisdiction of such Service Board sufficient to allow the
7    Service Board to meet its required system generated revenue
8    recovery ratio and, beginning with the 2007 fiscal year,
9    system generated ADA paratransit services revenue recovery
10    ratio;
11        (iv) such budget and plan are based upon and employ
12    assumptions and projections which are reasonable and
13    prudent;
14        (v) such budget and plan have been prepared in
15    accordance with sound financial practices as determined by
16    the Board;
17        (vi) such budget and plan meet such other financial,
18    budgetary, or fiscal requirements that the Board may by
19    rule or regulation establish; and
20        (vii) such budget and plan are consistent with the
21    goals and objectives adopted by the Authority in the
22    Strategic Plan.
23    (3) (Blank).
24    (4) Unless the Board by an affirmative vote of 12 of the
25then Directors determines that the budget and financial plan of
26a Service Board meets the criteria specified in clauses (i)

 

 

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1through (vii) of subparagraph (2) of this paragraph (b), the
2Board shall withhold from that Service Board 25% of the cash
3proceeds of taxes imposed by the Authority under Section 4.03
4and Section 4.03.1 and received after February 1 and 25% of the
5amounts transferred to the Authority from the Public
6Transportation Fund under Section 4.09(a) (but not including
7Section 4.09(a)(3)(iv)) after February 1 that the Board has
8estimated to be available to that Service Board under Section
94.11(a). Such funding shall be released to the Service Board
10only upon approval of a budget and financial plan under this
11Section or adoption of a budget and financial plan on behalf of
12the Service Board by the Authority.
13    (5) If the Board has not found that the budget and
14financial plan of a Service Board meets the criteria specified
15in clauses (i) through (vii) of subparagraph (2) of this
16paragraph (b), the Board, by the affirmative vote of at least
1712 of its then Directors, shall adopt a budget and financial
18plan meeting such criteria for that Service Board.
19    (c)(1) If the Board shall at any time have received a
20revised estimate, or revises any estimate the Board has made,
21pursuant to this Section of the receipts to be collected by the
22Authority which, in the judgment of the Board, requires a
23change in the estimates on which the budget of any Service
24Board is based, the Board shall advise the affected Service
25Board of such revised estimates, and such Service Board shall
26within 30 days after receipt of such advice submit a revised

 

 

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

 

 

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1Authority after February 1 and 25% of the amounts transferred
2to the Authority from the Public Transportation Fund under
3Section 4.09(a) (but not including Section 4.09(a)(3)(iv))
4after February 1 that the Board has estimated to be available
5to that Service Board under Section 4.11(a). If the Service
6Board submits a revised financial plan and budget which plan
7and budget shows that the criteria will be met within a four
8quarter period, the Board shall release any such withheld funds
9to the Service Board. The Board by the affirmative vote of at
10least 12 of its then Directors may require a Service Board to
11submit a revised financial plan and budget which shows that the
12criteria will be met in a time period less than four quarters.
13    (d) All budgets and financial plans, financial statements,
14audits and other information presented to the Authority
15pursuant to this Section or which may be required by the Board
16to permit it to monitor compliance with the provisions of this
17Section shall be prepared and presented in such manner and
18frequency and in such detail as shall have been prescribed by
19the Board, shall be prepared on both an accrual and cash flow
20basis as specified by the Board, shall present such information
21as the Authority shall prescribe that fairly presents the
22condition of any pension plan or trust for health care benefits
23with respect to retirees established by the Service Board and
24describes the plans of the Service Board to meet the
25requirements of Sections 4.02a and 4.02b, and shall identify
26and describe the assumptions and projections employed in the

 

 

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

 

 

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1within 10 days after such determinations are made to the
2Governor, the Mayor of Chicago (if such determinations relate
3to the Chicago Transit Authority), and the Auditor General of
4Illinois.
5(Source: P.A. 94-370, eff. 7-29-05; 95-708, eff. 1-18-08.)
 
6    Section 99. Effective date. This Act takes effect upon
7becoming law.".