98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB2453

 

Introduced , by Rep. Al Riley

 

SYNOPSIS AS INTRODUCED:
 
70 ILCS 3615/3B.10  from Ch. 111 2/3, par. 703B.10
70 ILCS 3615/5.01  from Ch. 111 2/3, par. 705.01

    Amends the Regional Transportation Authority Act. Requires both the Mass Transit Committee in the House of Representatives and the Transportation Committee in the Senate to hold a public hearing regarding any increase in the revenue recovery ratio or any increase in fares or charges for public transportation. Provides notification requirements for both. Effective immediately.


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A BILL FOR

 

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1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Regional Transportation Authority Act is
5amended by changing Sections 3B.10 and 5.01 as follows:
 
6    (70 ILCS 3615/3B.10)  (from Ch. 111 2/3, par. 703B.10)
7    Sec. 3B.10. Budget and Program. The Commuter Rail Board,
8subject to the powers of the Authority in Section 4.11, shall
9control the finances of the Division. It shall by ordinance
10appropriate money to perform the Division's purposes and
11provide for payment of debts and expenses of the Division. Each
12year the Commuter Rail Board shall prepare and publish a
13comprehensive annual budget and proposed five-year capital
14program document, and a financial plan for the two years
15thereafter describing the state of the Division and presenting
16for the forthcoming fiscal year and the two following years the
17Commuter Rail Board's plans for such operations and capital
18expenditures as the Commuter Rail Board intends to undertake
19and the means by which it intends to finance them. The proposed
20budget, financial plan, and five-year capital program shall be
21based on the Authority's estimate of funds to be made available
22to the Commuter Rail Board by or through the Authority and
23shall conform in all respects to the requirements established

 

 

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1by the Authority. The proposed budget, financial plan, and
2five-year capital program shall contain a statement of the
3funds estimated to be on hand at the beginning of the fiscal
4year, the funds estimated to be received from all sources for
5such year and the funds estimated to be on hand at the end of
6such year. The fiscal year of the Division shall be the same as
7the fiscal year of the Authority.
8    Before the proposed budget, financial plan, and five-year
9capital program are submitted to the Authority, the Commuter
10Rail Board shall hold at least one public hearing thereon in
11each of the counties in the metropolitan region in which the
12Division provides service. The Commuter Rail Board shall hold
13at least one meeting for consideration of the proposed budget,
14financial plan, and five-year capital plan with the county
15board of each of the several counties in the metropolitan
16region in which the Division provides service. In addition,
17both the Mass Transit Committee in the House of Representatives
18and the Transportation Committee in the Senate shall hold a
19public hearing regarding any increase in the revenue recovery
20ratio. Notice of the public hearing shall be given at least 20
21days prior to the hearings. Notice shall be given by public
22advertisement in a newspaper of general circulation in the
23metropolitan region, shall state the date, time, and place of
24the hearings, and shall contain a description of the proposed
25increase. The notice shall also specify how interested persons
26may obtain copies of any reports, resolutions, or certificates

 

 

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1describing the basis upon which the increase was calculated.
2    After conducting such hearings and holding such meetings
3and after making such changes in the proposed budget, financial
4plan, and five-year capital plan as the Commuter Rail Board
5deems appropriate, the board shall adopt its annual budget
6ordinance at least by November 15 next preceding the beginning
7of each fiscal year. The budget, financial plan, and five-year
8capital program shall then be submitted to the Authority as
9provided in Section 4.11. In the event that the Board of the
10Authority determines that the budget and program, and financial
11plan do not meet the standards of Section 4.11, the Commuter
12Rail Board shall make such changes as are necessary to meet
13such requirements and adopt an amended budget ordinance. The
14amended budget ordinance shall be resubmitted to the Authority
15pursuant to Section 4.11. The ordinance shall appropriate such
16sums of money as are deemed necessary to defray all necessary
17expenses and obligations of the Division, specifying purposes
18and the objects or programs for which appropriations are made
19and the amount appropriated for each object or program.
20Additional appropriations, transfers between items and other
21changes in such ordinance which do not alter the basis upon
22which the balanced budget determination was made by the Board
23of the Authority may be made from time to time by the Commuter
24Rail Board.
25    The budget shall:
26        (i) show a balance between (A) anticipated revenues

 

 

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1    from all sources including operating subsidies and (B) the
2    costs of providing the services specified and of funding
3    any operating deficits or encumbrances incurred in prior
4    periods, including provision for payment when due of
5    principal and interest on outstanding indebtedness;
6        (ii) show cash balances including the proceeds of any
7    anticipated cash flow borrowing sufficient to pay with
8    reasonable promptness all costs and expenses as incurred;
9        (iii) provide for a level of fares or charges for the
10    public transportation provided by or subject to the
11    jurisdiction of such Commuter Rail Board sufficient to
12    allow the Commuter Rail Board to meet its required system
13    generated revenue recovery ratio;
14        (iv) be based upon and employ assumptions and
15    projections which the Board of the Authority finds to be
16    reasonable and prudent;
17        (v) have been prepared in accordance with sound
18    financial practices as determined by the Board of the
19    Authority;
20        (vi) meet such other uniform financial, budgetary, or
21    fiscal requirements that the Board of the Authority may by
22    rule or regulation establish; and
23        (vii) be consistent with the goals and objectives
24    adopted by the Regional Transportation Authority in the
25    Strategic Plan.
26(Source: P.A. 95-708, eff. 1-18-08.)
 

 

 

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1    (70 ILCS 3615/5.01)  (from Ch. 111 2/3, par. 705.01)
2    Sec. 5.01. Hearings and Citizen Participation.
3    (a) The Authority shall provide for and encourage
4participation by the public in the development and review of
5public transportation policy, and in the process by which major
6decisions significantly affecting the provision of public
7transportation are made. The Authority shall coordinate such
8public participation processes with the Chicago Metropolitan
9Agency for Planning to the extent practicable.
10    (b) The Authority shall hold such public hearings as may be
11required by this Act or as the Authority may deem appropriate
12to the performance of any of its functions. The Authority shall
13coordinate such public hearings with the Chicago Metropolitan
14Agency for Planning to the extent practicable.
15    (c) Unless such items are specifically provided for either
16in the Five-Year Capital Program or in the annual budget
17program which has been the subject of public hearings as
18provided in Sections 2.01 or 4.01 of this Act, the Board shall
19hold public hearings at which citizens may be heard prior to:
20        (i) the construction or acquisition of any public
21    transportation facility, the aggregate cost of which
22    exceeds $5 million; and
23        (ii) the extension of, or major addition to services
24    provided by the Authority or by any transportation agency
25    pursuant to a purchase of service agreement with the

 

 

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1    Authority.
2    (d) Unless such items are specifically provided for in the
3annual budget and program which has been the subject of public
4hearing, as provided in Section 4.01 of this Act, the Board
5shall hold public hearings at which citizens may be heard prior
6to the providing for or allowing, by means of any purchase of
7service agreement or any grant pursuant to Section 2.02 of this
8Act, or so providing for or allowing any discontinuance of any
9public transportation route, or major portion thereof, which
10has been in service for more than a year.
11    (e) At least twenty days prior notice of any public
12hearing, as required in this Section, shall be given by public
13advertisement in a newspaper of general circulation in the
14metropolitan region.
15    (e-5) With respect to any increase in fares or charges for
16public transportation, whether by the Authority or by any
17Service Board or transportation agency, a public hearing must
18be held in each county in which the fare increase takes effect.
19Notice of the public hearing shall be given at least 20 days
20prior to the hearing and at least 30 days prior to the
21effective date of any fare increase. Notice shall be given by
22public advertisement in a newspaper of general circulation in
23the metropolitan region and must also be sent to the Governor
24and to each member of the General Assembly whose district
25overlaps in whole or in part with the area in which the
26increase takes effect. The notice must state the date, time,

 

 

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1and place of the hearing and must contain a description of the
2proposed increase. The notice must also specify how interested
3persons may obtain copies of any reports, resolutions, or
4certificates describing the basis upon which the increase was
5calculated.
6    In addition, both the Mass Transit Committee in the House
7of Representatives and the Transportation Committee in the
8Senate shall hold a public hearing regarding any increase in
9fares or charges for public transportation. Notice of the
10public hearing shall be given at least 20 days prior to the
11hearings and at least 30 days prior to the effective date of
12any fare increase. Notice shall be given by public
13advertisement in a newspaper of general circulation in the
14metropolitan region and shall also be sent to the Governor and
15to each member of the General Assembly whose district overlaps
16in whole or in part with the area in which the increase takes
17effect. The notice shall state the date, time, and place of the
18hearings and shall contain a description of the proposed
19increase. The notice shall also specify how interested persons
20may obtain copies of any reports, resolutions, or certificates
21describing the basis upon which the increase was calculated.
22    (f) The Authority may designate one or more Directors or
23may appoint one or more hearing officers to preside over any
24hearing pursuant to this Act. The Authority shall have the
25power in connection with any such hearing to issue subpoenas to
26require the attendance of witnesses and the production of

 

 

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1documents, and the Authority may apply to any circuit court in
2the State to require compliance with such subpoenas.
3    (g) The Authority may require any Service Board to hold one
4or more public hearings with respect to any item described in
5paragraphs (c), (d), and (e-5) of this Section 5.01,
6notwithstanding whether such item has been the subject of a
7public hearing under this Section 5.01 or Section 2.01 or 4.01
8of this Act.
9(Source: P.A. 95-708, eff. 1-18-08; 95-906, eff. 8-26-08.)
 
10    Section 99. Effective date. This Act takes effect upon
11becoming law.