Full Text of HB3834 101st General Assembly
HB3834 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB3834 Introduced , by Rep. Marcus C. Evans, Jr. SYNOPSIS AS INTRODUCED: |
| 70 ILCS 3615/3B.09c new | | 70 ILCS 3615/4.01 | from Ch. 111 2/3, par. 704.01 | 70 ILCS 3615/4.09 | from Ch. 111 2/3, par. 704.09 |
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Amends Regional Transportation Authority Act. Provides that Metra Electric Line fares for transportation wholly within the City of Chicago shall be equal to the fares set by the Chicago Transit Board for rail transportation. Provides that fares for Metra Electric Line transportation that originate or conclude outside of the City of Chicago shall be set by the Commuter Rail Board and be based on the zone in which the transportation originates and concludes. Provides that the Commuter Rail Board shall accept the Ventra card for use on the Metra Electric Line and riders using the Ventra card shall pay through the Ventra application or at a station. Provides that the Commuter Rail Board shall adopt a policy to periodically check riders' tickets, including Ventra tickets, on the Metra Electric Line to determine whether a rider has paid for transportation at the station or on the Ventra application. Provides that lost revenue experienced by the Commuter Rail Board due to the implementation of any requirement relating to specified Metra Eclectic Line fare provisions are not "costs" in the calculation of whether fares and charges received in each fiscal year equal at least 50% of the aggregate costs of providing public transportation. Effective June 1, 2020.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | 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,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Regional Transportation Authority Act is | 5 | | amended by changing Sections 4.01 and 4.09 and by adding | 6 | | Section 3B.09c as follows: | 7 | | (70 ILCS 3615/3B.09c new) | 8 | | Sec. 3B.09c. Metra Electric Line fares. | 9 | | (a) Metra Electric Line fares for transportation wholly | 10 | | within the City of Chicago shall be equal to the fares set by | 11 | | the Chicago Transit Board for rail transportation. | 12 | | (b) Fares for Metra Electric Line transportation that | 13 | | originate or conclude outside of the City of Chicago shall be | 14 | | set by the Commuter Rail Board and be based on the zone in | 15 | | which the transportation originates and concludes. | 16 | | (c) The Commuter Rail Board shall accept the Ventra card | 17 | | for use on the Metra Electric Line. Riders using the Ventra | 18 | | card shall pay through the Ventra application or at a station. | 19 | | The Commuter Rail Board shall adopt a policy to periodically | 20 | | check riders' tickets, including Ventra tickets, on the Metra | 21 | | Electric Line to determine whether a rider has paid for | 22 | | transportation at the station or on the Ventra application.
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| 1 | | (70 ILCS 3615/4.01) (from Ch. 111 2/3, par. 704.01)
| 2 | | Sec. 4.01. Budget and Program.
| 3 | | (a) The Board shall control the finances
of the Authority. | 4 | | It shall by ordinance adopted by the affirmative vote of at | 5 | | least 12 of its then Directors (i) appropriate money to perform | 6 | | the
Authority's purposes and provide for payment of debts and | 7 | | expenses of
the Authority, (ii) take action with respect to the | 8 | | budget and two-year financial plan of each Service Board, as | 9 | | provided in Section 4.11, and (iii) adopt an Annual Budget and | 10 | | Two-Year Financial Plan for the Authority that includes the | 11 | | annual budget and two-year financial plan of each Service Board | 12 | | that has been approved by the Authority. The Annual Budget and | 13 | | Two-Year Financial Plan
shall contain a statement
of the funds | 14 | | estimated to be on hand for the Authority and each Service | 15 | | Board at the beginning of the fiscal
year, the funds estimated | 16 | | to be received from all sources for such year, the estimated | 17 | | expenses and obligations of the Authority and each Service | 18 | | Board for all purposes, including expenses for contributions to | 19 | | be made with respect to pension and other employee benefits,
| 20 | | and the funds estimated to be on hand at the end of such year. | 21 | | The fiscal year of the Authority and each Service Board shall
| 22 | | begin on January 1st and end on the succeeding December 31st.
| 23 | | By July 1st of each year the Director of the
Illinois
| 24 | | Governor's Office of Management and Budget (formerly Bureau of | 25 | | the
Budget) shall submit
to the Authority an estimate of | 26 | | revenues for the next fiscal year of the Authority to be
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| 1 | | collected from the taxes imposed by the Authority and the | 2 | | amounts to be
available in the Public Transportation Fund and | 3 | | the Regional Transportation
Authority Occupation and Use Tax | 4 | | Replacement Fund and the amounts otherwise to be appropriated | 5 | | by the State to the Authority for its purposes. The Authority | 6 | | shall file a copy of its Annual Budget and Two-Year Financial | 7 | | Plan with
the
General Assembly and the Governor after its | 8 | | adoption. Before the proposed Annual Budget and Two-Year | 9 | | Financial Plan
is adopted, the Authority
shall hold at least | 10 | | one public hearing thereon
in the metropolitan region, and | 11 | | shall meet
with the county board or its designee of
each of the | 12 | | several counties in the metropolitan region. After conducting
| 13 | | such hearings and holding such meetings and after making such | 14 | | changes
in the proposed Annual Budget and Two-Year Financial | 15 | | Plan
as the Board deems appropriate, the
Board shall adopt its | 16 | | annual appropriation and Annual Budget and Two-Year Financial | 17 | | Plan
ordinance. The ordinance may be adopted
only upon the | 18 | | affirmative votes of 12
of its then Directors. The
ordinance | 19 | | shall appropriate such sums of money as are deemed necessary
to | 20 | | defray all necessary expenses and obligations of the Authority,
| 21 | | specifying purposes and the objects or programs for which | 22 | | appropriations
are made and the amount appropriated for each | 23 | | object or program.
Additional appropriations, transfers | 24 | | between items and other changes in
such ordinance may be made | 25 | | from time to time by the Board upon the
affirmative votes of 12
| 26 | | of its then Directors.
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| 1 | | (b) The Annual Budget and Two-Year Financial Plan
shall | 2 | | show a balance between anticipated revenues from
all sources | 3 | | and anticipated expenses including funding of operating | 4 | | deficits
or the discharge of encumbrances incurred in prior | 5 | | periods and payment of
principal and interest when due, and | 6 | | shall show cash balances sufficient
to pay with reasonable | 7 | | promptness all obligations and expenses as incurred.
| 8 | | The Annual Budget and Two-Year Financial Plan
must show: | 9 | | (i) that the level of fares
and charges for mass | 10 | | transportation provided by, or under grant or purchase
of | 11 | | service contracts of, the Service Boards is sufficient to | 12 | | cause the
aggregate of all projected fare revenues from | 13 | | such fares and charges received
in each fiscal year to | 14 | | equal at least 50% of the aggregate costs of providing
such | 15 | | public transportation in such fiscal year. "Fare revenues" | 16 | | include
the proceeds of all fares and charges for services | 17 | | provided, contributions
received in connection with public | 18 | | transportation from units of local
government other than | 19 | | the Authority, except for contributions received by the | 20 | | Chicago Transit Authority from a real estate transfer tax | 21 | | imposed under subsection (i) of Section 8-3-19 of the | 22 | | Illinois Municipal Code, and from the State pursuant to | 23 | | subsection
(i) of Section 2705-305 of the Department of | 24 | | Transportation Law (20 ILCS
2705/2705-305), and all other | 25 | | operating revenues properly included consistent
with | 26 | | generally accepted accounting principles but do not |
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| 1 | | include: the proceeds
of any borrowings, and, beginning | 2 | | with the 2007 fiscal year, all revenues and receipts, | 3 | | including but not limited to fares and grants received from | 4 | | the federal, State or any unit of local government or other | 5 | | entity, derived from providing ADA paratransit service | 6 | | pursuant to Section 2.30 of the Regional Transportation | 7 | | Authority Act. "Costs" include all items properly included | 8 | | as operating
costs consistent with generally accepted | 9 | | accounting principles, including
administrative costs, but | 10 | | do not include: depreciation; payment of principal
and | 11 | | interest on bonds, notes or
other evidences of obligation | 12 | | for borrowed money issued by the Authority;
payments with | 13 | | respect to public transportation facilities made pursuant
| 14 | | to subsection (b) of Section 2.20 of this Act; any payments | 15 | | with respect
to rate protection contracts, credit | 16 | | enhancements or liquidity agreements
made under Section | 17 | | 4.14; any other cost to which it
is reasonably expected | 18 | | that a cash expenditure
will not be made; costs for | 19 | | passenger
security including grants, contracts, personnel, | 20 | | equipment and
administrative expenses, except in the case | 21 | | of the Chicago Transit
Authority, in which case the term | 22 | | does not include costs spent annually by
that entity for | 23 | | protection against crime as required by Section 27a of the
| 24 | | Metropolitan Transit Authority Act; the payment by the | 25 | | Chicago Transit Authority of Debt Service, as defined in | 26 | | Section 12c of the Metropolitan Transit Authority Act, on |
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| 1 | | bonds or notes issued pursuant to that Section; the payment | 2 | | by the Commuter Rail Division of debt service on bonds | 3 | | issued pursuant to Section 3B.09; expenses incurred by the | 4 | | Suburban Bus Division for the cost of new public | 5 | | transportation services funded from grants pursuant to | 6 | | Section 2.01e of this amendatory Act of the 95th General | 7 | | Assembly for a period of 2 years from the date of | 8 | | initiation of each such service; costs as exempted by the | 9 | | Board for
projects pursuant to Section 2.09 of this Act; | 10 | | or, beginning with the 2007 fiscal year, expenses related | 11 | | to providing ADA paratransit service pursuant to Section | 12 | | 2.30 of the Regional Transportation Authority Act; and in | 13 | | fiscal years 2008 through 2012 inclusive, costs in the | 14 | | amount of $200,000,000 in fiscal year 2008, reducing by | 15 | | $40,000,000 in each fiscal year thereafter until this | 16 | | exemption is eliminated ; and any lost revenue experienced | 17 | | by the Commuter Rail Board due to the implementation of any | 18 | | requirement of Section 3B.09c ; and | 19 | | (ii) that the level of fares charged for ADA | 20 | | paratransit services is sufficient to cause the aggregate | 21 | | of all projected revenues from such fares charged and | 22 | | received in each fiscal year to equal at least 10% of the | 23 | | aggregate costs of providing such ADA paratransit | 24 | | services. For purposes of this Act, the percentages in this | 25 | | subsection (b)(ii) shall be referred to as the "system | 26 | | generated ADA paratransit services revenue recovery |
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| 1 | | ratio". For purposes of the system generated ADA | 2 | | paratransit services revenue recovery ratio, "costs" shall | 3 | | include all items properly included as operating costs | 4 | | consistent with generally accepted accounting principles. | 5 | | However, the Board may exclude from costs an amount that | 6 | | does not exceed the allowable "capital costs of | 7 | | contracting" for ADA paratransit services pursuant to the | 8 | | Federal Transit Administration guidelines for the | 9 | | Urbanized Area Formula Program.
| 10 | | (c) The actual administrative expenses of the Authority for | 11 | | the fiscal
year commencing January 1, 1985 may not exceed | 12 | | $5,000,000.
The actual administrative expenses of the | 13 | | Authority for the fiscal year
commencing January 1, 1986, and | 14 | | for each fiscal year thereafter shall not
exceed the maximum | 15 | | administrative expenses for the previous fiscal year plus
5%. | 16 | | "Administrative
expenses" are defined for purposes of this | 17 | | Section as all expenses except:
(1) capital expenses and | 18 | | purchases of the Authority on behalf of the Service
Boards; (2) | 19 | | payments to Service Boards; and (3) payment of principal
and | 20 | | interest on bonds, notes or other evidence of obligation for | 21 | | borrowed
money issued by the Authority; (4) costs for passenger | 22 | | security including
grants, contracts, personnel, equipment and | 23 | | administrative expenses; (5)
payments with respect to public | 24 | | transportation facilities made pursuant to
subsection (b) of | 25 | | Section 2.20 of this Act; and (6) any payments with
respect to | 26 | | rate protection contracts, credit enhancements or liquidity
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| 1 | | agreements made pursuant to Section 4.14.
| 2 | | (d) This subsection applies only until the Department | 3 | | begins administering and enforcing an increased tax under | 4 | | Section 4.03(m) as authorized by this amendatory Act of the | 5 | | 95th General Assembly. After withholding 15% of the proceeds of | 6 | | any tax imposed by the
Authority and 15% of money received by | 7 | | the Authority from the Regional
Transportation Authority | 8 | | Occupation and Use Tax Replacement Fund,
the Board shall | 9 | | allocate the proceeds and money remaining to the Service
Boards | 10 | | as follows: (1) an amount equal to 85% of the proceeds of those
| 11 | | taxes collected within the City of Chicago and 85% of the money | 12 | | received by
the Authority on account of transfers to the | 13 | | Regional Transportation
Authority Occupation and Use Tax | 14 | | Replacement Fund from the County and Mass
Transit District Fund | 15 | | attributable to retail sales within the City of
Chicago shall | 16 | | be allocated to the Chicago Transit
Authority; (2) an amount | 17 | | equal to 85% of the proceeds of those taxes
collected within | 18 | | Cook County outside the City of Chicago and 85% of the
money | 19 | | received by the Authority on account of transfers to the | 20 | | Regional
Transportation Authority Occupation and Use Tax | 21 | | Replacement Fund from the
County and Mass Transit District Fund | 22 | | attributable to retail sales within
Cook County outside of the | 23 | | city of Chicago shall be allocated
30% to the Chicago Transit | 24 | | Authority, 55% to the Commuter Rail Board and
15% to the | 25 | | Suburban Bus Board; and (3) an amount equal to 85% of the
| 26 | | proceeds of the taxes collected within the Counties of DuPage, |
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| 1 | | Kane, Lake,
McHenry and Will shall be allocated 70% to the | 2 | | Commuter Rail Board and 30%
to the Suburban Bus Board.
| 3 | | (e) This subsection applies only until the Department | 4 | | begins administering and enforcing an increased tax under | 5 | | Section 4.03(m) as authorized by this amendatory Act of the | 6 | | 95th General Assembly. Moneys received by the Authority on | 7 | | account of transfers to the
Regional Transportation Authority | 8 | | Occupation and Use Tax Replacement Fund
from the State and | 9 | | Local Sales Tax Reform Fund shall be
allocated among the | 10 | | Authority and the Service Boards as follows: 15% of
such moneys | 11 | | shall be retained by the Authority and the remaining 85%
shall | 12 | | be transferred to the Service Boards as soon as may be
| 13 | | practicable after the Authority receives payment. Moneys which | 14 | | are
distributable to the Service Boards pursuant to the | 15 | | preceding sentence
shall be allocated among the Service Boards | 16 | | on the basis of each Service
Board's distribution ratio. The | 17 | | term "distribution ratio" means,
for purposes of this | 18 | | subsection (e) of this Section 4.01, the ratio of
the total | 19 | | amount distributed to a Service Board pursuant to subsection | 20 | | (d)
of Section 4.01 for the immediately preceding calendar year | 21 | | to the total
amount distributed to all of the Service Boards | 22 | | pursuant to subsection (d)
of Section 4.01 for the immediately | 23 | | preceding calendar year.
| 24 | | (f) To carry out its duties and responsibilities under this | 25 | | Act,
the Board shall employ staff which shall: (1) propose for | 26 | | adoption by the Board of the Authority rules for the Service |
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| 1 | | Boards that establish (i) forms and schedules to be used and | 2 | | information required to be provided with respect to a five-year | 3 | | capital program, annual budgets, and two-year financial plans | 4 | | and regular reporting of actual results against adopted budgets | 5 | | and financial plans, (ii) financial practices to be followed in | 6 | | the budgeting and expenditure of public funds, (iii) | 7 | | assumptions and projections that must be followed in preparing | 8 | | and submitting its annual budget and two-year financial plan or | 9 | | a five-year capital program; (2) evaluate for
the Board public | 10 | | transportation programs operated or proposed by
the Service | 11 | | Boards and
transportation agencies in terms of the goals and | 12 | | objectives set out in the Strategic Plan; (3)
keep the Board | 13 | | and the public informed of the extent to which the Service | 14 | | Boards and transportation agencies are meeting the goals and | 15 | | objectives adopted by the Authority in the Strategic Plan; and | 16 | | (4) assess the efficiency or adequacy of public transportation | 17 | | services provided by a Service Board and make recommendations | 18 | | for change in that service
to the end that the moneys
available | 19 | | to the Authority may be
expended in the most economical manner | 20 | | possible with the least possible
duplication. | 21 | | (g) All
Service Boards, transportation agencies, | 22 | | comprehensive planning agencies, including the Chicago | 23 | | Metropolitan Agency for Planning, or
transportation planning | 24 | | agencies in the metropolitan region shall
furnish to the | 25 | | Authority
such information pertaining to public
transportation | 26 | | or relevant for plans therefor as it may from time to time
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| 1 | | require. The Executive Director, or his or her designee, shall, | 2 | | for the purpose of
securing any such information necessary or | 3 | | appropriate to carry out any of the powers and responsibilities | 4 | | of the Authority under this Act, have access to, and the right | 5 | | to examine, all
books, documents, papers or records of a | 6 | | Service Board or any transportation
agency receiving funds from | 7 | | the Authority
or Service Board, and such Service Board or | 8 | | transportation agency shall comply with any request by the | 9 | | Executive Director, or his or her designee, within 30 days or | 10 | | an extended time provided by the Executive Director.
| 11 | | (h) No Service Board shall undertake any capital | 12 | | improvement which is not identified in the Five-Year Capital | 13 | | Program.
| 14 | | (i) Each Service Board shall furnish to the Board access to | 15 | | its financial information including, but not limited to, audits | 16 | | and reports. The Board shall have real-time access to the | 17 | | financial information of the Service Boards; however, the Board | 18 | | shall be granted read-only access to the Service Board's | 19 | | financial information. | 20 | | (Source: P.A. 98-1027, eff. 1-1-15 .)
| 21 | | (70 ILCS 3615/4.09) (from Ch. 111 2/3, par. 704.09)
| 22 | | Sec. 4.09. Public Transportation Fund and the Regional | 23 | | Transportation
Authority Occupation and Use Tax Replacement | 24 | | Fund.
| 25 | | (a)(1)
Except as otherwise provided in paragraph (4), as |
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| 1 | | soon as possible after
the first day of each month, beginning | 2 | | July 1, 1984, upon certification of
the Department of Revenue, | 3 | | the Comptroller shall order transferred and the
Treasurer shall | 4 | | transfer from the General Revenue Fund to a special fund in the | 5 | | State Treasury to be known as the Public
Transportation Fund an | 6 | | amount equal to 25% of the net revenue, before the
deduction of | 7 | | the serviceman and retailer discounts pursuant to Section 9 of
| 8 | | the Service Occupation Tax Act and Section 3 of the Retailers' | 9 | | Occupation
Tax Act, realized from
any tax imposed by the | 10 | | Authority pursuant to
Sections 4.03 and 4.03.1 and 25% of the | 11 | | amounts deposited into the Regional
Transportation Authority | 12 | | tax fund created by Section 4.03 of this Act, from
the County | 13 | | and Mass Transit District Fund as provided in Section 6z-20 of
| 14 | | the State Finance Act and 25% of the amounts deposited into the | 15 | | Regional
Transportation Authority Occupation and Use Tax | 16 | | Replacement Fund from the
State and Local Sales Tax Reform Fund | 17 | | as provided in Section 6z-17 of the
State Finance Act.
On the | 18 | | first day of the month following the date that the Department | 19 | | receives revenues from increased taxes under Section 4.03(m) as | 20 | | authorized by this amendatory Act of the 95th General Assembly, | 21 | | in lieu of the transfers authorized in the preceding sentence, | 22 | | upon certification of the Department of Revenue, the | 23 | | Comptroller shall order transferred and the Treasurer shall | 24 | | transfer from the General Revenue Fund to the Public | 25 | | Transportation Fund an amount equal to 25% of the net revenue, | 26 | | before the deduction of the serviceman and retailer discounts |
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| 1 | | pursuant to Section 9 of the Service Occupation Tax Act and | 2 | | Section 3 of the Retailers' Occupation Tax Act, realized from | 3 | | (i) 80% of the proceeds of any tax imposed by the Authority at | 4 | | a rate of 1.25% in Cook County, (ii) 75% of the proceeds of any | 5 | | tax imposed by the Authority at the rate of 1% in Cook County, | 6 | | and (iii) one-third of the proceeds of any tax imposed by the | 7 | | Authority at the rate of 0.75% in the Counties of DuPage, Kane, | 8 | | Lake, McHenry, and Will, all pursuant to Section 4.03, and 25% | 9 | | of the net revenue realized from any tax imposed by the | 10 | | Authority pursuant to Section 4.03.1, and 25% of the amounts | 11 | | deposited into the Regional Transportation Authority tax fund | 12 | | created by Section 4.03 of this Act from the County and Mass | 13 | | Transit District Fund as provided in Section 6z-20 of the State | 14 | | Finance Act, and 25% of the amounts deposited into the Regional | 15 | | Transportation Authority Occupation and Use Tax Replacement | 16 | | Fund from the State and Local Sales Tax Reform Fund as provided | 17 | | in Section 6z-17 of the State Finance Act. As used in this | 18 | | Section, net revenue realized for a month shall be the revenue
| 19 | | collected by the State pursuant to Sections 4.03 and 4.03.1 | 20 | | during the
previous month from within the metropolitan region, | 21 | | less the amount paid
out during that same month as refunds to | 22 | | taxpayers for overpayment of
liability in the metropolitan | 23 | | region under Sections 4.03 and 4.03.1. | 24 | | Notwithstanding any provision of law to the contrary, | 25 | | beginning on the effective date of this amendatory Act of the | 26 | | 100th General Assembly, those amounts required under this |
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| 1 | | paragraph (1) of subsection (a) to be transferred by the | 2 | | Treasurer into the Public Transportation Fund from the General | 3 | | Revenue Fund shall be directly deposited into the Public | 4 | | Transportation Fund as the revenues are realized from the taxes | 5 | | indicated.
| 6 | | (2) Except as otherwise provided in paragraph (4), on the | 7 | | first day of the month following the effective date of this | 8 | | amendatory Act of the 95th General Assembly and each month | 9 | | thereafter, upon certification by the Department of Revenue, | 10 | | the Comptroller shall order transferred and the Treasurer shall | 11 | | transfer from the General Revenue Fund to the Public | 12 | | Transportation Fund an amount equal to 5% of the net revenue, | 13 | | before the deduction of the serviceman and retailer discounts | 14 | | pursuant to Section 9 of the Service Occupation Tax Act and | 15 | | Section 3 of the Retailers' Occupation Tax Act, realized from | 16 | | any tax imposed by the Authority pursuant to Sections 4.03 and | 17 | | 4.03.1 and certified by the Department of Revenue under Section | 18 | | 4.03(n) of this Act to be paid to the Authority and 5% of the | 19 | | amounts deposited into the Regional Transportation Authority | 20 | | tax fund created by Section 4.03 of this Act from the County | 21 | | and Mass Transit District Fund as provided in Section 6z-20 of | 22 | | the State Finance Act, and 5% of the amounts deposited into the | 23 | | Regional Transportation Authority Occupation and Use Tax | 24 | | Replacement Fund from the State and Local Sales Tax Reform Fund | 25 | | as provided in Section 6z-17 of the State Finance Act, and 5% | 26 | | of the revenue realized by the Chicago Transit Authority as |
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| 1 | | financial assistance from the City of Chicago from the proceeds | 2 | | of any tax imposed by the City of Chicago under Section 8-3-19 | 3 | | of the Illinois Municipal Code.
| 4 | | Notwithstanding any provision of law to the contrary, | 5 | | beginning on July 6, 2017 (the effective date of Public Act | 6 | | 100-23), those amounts required under this paragraph (2) of | 7 | | subsection (a) to be transferred by the Treasurer into the | 8 | | Public Transportation Fund from the General Revenue Fund shall | 9 | | be directly deposited into the Public Transportation Fund as | 10 | | the revenues are realized from the taxes indicated. | 11 | | (3) Except as otherwise provided in paragraph (4), as soon | 12 | | as possible after the first day of January, 2009 and each month | 13 | | thereafter, upon certification of the Department of Revenue | 14 | | with respect to the taxes collected under Section 4.03, the | 15 | | Comptroller shall order transferred and the Treasurer shall | 16 | | transfer from the General Revenue Fund to the Public | 17 | | Transportation Fund an amount equal to 25% of the net revenue, | 18 | | before the deduction of the serviceman and retailer discounts | 19 | | pursuant to Section 9 of the Service Occupation Tax Act and | 20 | | Section 3 of the Retailers' Occupation Tax Act, realized from | 21 | | (i) 20% of the proceeds of any tax imposed by the Authority at | 22 | | a rate of 1.25% in Cook County, (ii) 25% of the proceeds of any | 23 | | tax imposed by the Authority at the rate of 1% in Cook County, | 24 | | and (iii) one-third of the proceeds of any tax imposed by the | 25 | | Authority at the rate of 0.75% in the Counties of DuPage, Kane, | 26 | | Lake, McHenry, and Will, all pursuant to Section 4.03, and the |
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| 1 | | Comptroller shall order transferred and the Treasurer shall | 2 | | transfer from the General Revenue Fund to the Public | 3 | | Transportation Fund (iv) an amount equal to 25% of the revenue | 4 | | realized by the Chicago Transit Authority as financial | 5 | | assistance from the City of Chicago from the proceeds of any | 6 | | tax imposed by the City of Chicago under Section 8-3-19 of the | 7 | | Illinois Municipal Code.
| 8 | | Notwithstanding any provision of law to the contrary, | 9 | | beginning on July 6, 2017 (the effective date of Public Act | 10 | | 100-23), those amounts required under this paragraph (3) of | 11 | | subsection (a) to be transferred by the Treasurer into the | 12 | | Public Transportation Fund from the General Revenue Fund shall | 13 | | be directly deposited into the Public Transportation Fund as | 14 | | the revenues are realized from the taxes indicated. | 15 | | (4) Notwithstanding any provision of law to the contrary, | 16 | | of the transfers to be made under paragraphs (1), (2), and (3) | 17 | | of this subsection (a) from the General Revenue Fund to the | 18 | | Public Transportation Fund, the first $100,000,000 that would | 19 | | have otherwise been transferred from the General Revenue Fund | 20 | | shall be transferred from the Road Fund. The remaining balance | 21 | | of such transfers shall be made from the General Revenue Fund. | 22 | | (5) For State fiscal year 2018 only, notwithstanding any | 23 | | provision of law to the contrary, the total amount of revenue | 24 | | and deposits under this subsection (a) attributable to revenues | 25 | | realized during State fiscal year 2018 shall be reduced by 10%. | 26 | | (6) For State fiscal year 2019 only, notwithstanding any |
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| 1 | | provision of law to the contrary, the total amount of revenue | 2 | | and deposits under this Section attributable to revenues | 3 | | realized during State fiscal year 2019 shall be reduced by 5%.
| 4 | | (b)(1) All moneys deposited in the Public Transportation | 5 | | Fund and the
Regional Transportation Authority Occupation and | 6 | | Use Tax Replacement Fund,
whether deposited pursuant to this | 7 | | Section or otherwise, are allocated to
the Authority. The | 8 | | Comptroller, as soon as
possible after each monthly transfer | 9 | | provided in this Section and after
each deposit into the Public | 10 | | Transportation Fund, shall order the Treasurer
to pay to the | 11 | | Authority out of the Public Transportation Fund the amount so
| 12 | | transferred or deposited. Any Additional State Assistance and | 13 | | Additional Financial Assistance paid to the Authority under | 14 | | this Section shall be expended by the Authority for its | 15 | | purposes as provided in this Act. The balance of the amounts | 16 | | paid to the Authority from the Public Transportation Fund shall | 17 | | be expended by the Authority as provided in Section 4.03.3. The
| 18 | | Comptroller,
as soon as possible after each deposit into the | 19 | | Regional Transportation
Authority Occupation and Use Tax | 20 | | Replacement Fund provided in this Section
and Section 6z-17 of | 21 | | the State Finance Act, shall order the Treasurer
to pay to the | 22 | | Authority out of the Regional Transportation Authority
| 23 | | Occupation and Use Tax Replacement Fund the amount so | 24 | | deposited. Such
amounts paid to the Authority may be expended | 25 | | by it for its purposes as
provided in this Act. The provisions | 26 | | directing the distributions from the Public Transportation |
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| 1 | | Fund and the Regional Transportation Authority Occupation and | 2 | | Use Tax Replacement Fund provided for in this Section shall | 3 | | constitute an irrevocable and continuing appropriation of all | 4 | | amounts as provided herein. The State Treasurer and State | 5 | | Comptroller are hereby authorized and directed to make | 6 | | distributions as provided in this Section. (2) Provided, | 7 | | however, no moneys deposited under subsection (a)
of this | 8 | | Section shall be paid from the Public Transportation
Fund to | 9 | | the Authority or its assignee for any fiscal year until the | 10 | | Authority has certified to
the Governor, the Comptroller, and | 11 | | the Mayor of the City of Chicago that it
has adopted for that | 12 | | fiscal year an Annual Budget and Two-Year Financial Plan
| 13 | | meeting the
requirements in Section 4.01(b).
| 14 | | (c) In recognition of the efforts of the Authority to | 15 | | enhance the mass
transportation facilities under its control, | 16 | | the State shall provide
financial assistance ("Additional | 17 | | State Assistance") in excess of the
amounts transferred to the | 18 | | Authority from the General Revenue Fund under
subsection (a) of | 19 | | this Section. Additional State Assistance shall be
calculated | 20 | | as provided in
subsection (d), but shall in no event exceed the | 21 | | following
specified amounts with respect to the following State | 22 | | fiscal years:
|
|
23 | | 1990 |
$5,000,000; |
|
24 | | 1991 |
$5,000,000; |
|
25 | | 1992 |
$10,000,000; |
|
26 | | 1993 |
$10,000,000; |
|
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| 1 | | 1994 |
$20,000,000; |
|
2 | | 1995 |
$30,000,000; |
|
3 | | 1996 |
$40,000,000; |
|
4 | | 1997 |
$50,000,000; |
|
5 | | 1998 |
$55,000,000; and |
|
6 | | each year thereafter |
$55,000,000. |
|
7 | | (c-5) The State shall provide financial assistance | 8 | | ("Additional Financial
Assistance") in addition to the | 9 | | Additional State Assistance provided by
subsection (c) and the | 10 | | amounts transferred to the Authority from the General
Revenue | 11 | | Fund under subsection (a) of this Section. Additional Financial
| 12 | | Assistance provided by this subsection shall be calculated as | 13 | | provided in
subsection (d), but shall in no event exceed the | 14 | | following specified amounts
with respect to the following State | 15 | | fiscal years:
|
|
16 | | 2000 |
$0; |
|
17 | | 2001 |
$16,000,000; |
|
18 | | 2002 |
$35,000,000; |
|
19 | | 2003 |
$54,000,000; |
|
20 | | 2004 |
$73,000,000; |
|
21 | | 2005 |
$93,000,000; and |
|
22 | | each year thereafter |
$100,000,000. |
|
23 | | (d) Beginning with State fiscal year 1990 and continuing | 24 | | for each
State fiscal year thereafter, the Authority shall | 25 | | annually certify to the
State Comptroller and State Treasurer, | 26 | | separately with respect to each of
subdivisions (g)(2) and |
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| 1 | | (g)(3) of Section 4.04 of this Act, the following
amounts:
| 2 | | (1) The amount necessary and required, during the State | 3 | | fiscal year with
respect to which the certification is | 4 | | made, to pay its obligations for debt
service on all | 5 | | outstanding bonds or notes issued by the Authority under | 6 | | subdivisions (g)(2) and (g)(3) of
Section 4.04 of this Act.
| 7 | | (2) An estimate of the amount necessary and required to | 8 | | pay its
obligations for debt service for any bonds or notes | 9 | | which the Authority anticipates it
will issue under | 10 | | subdivisions (g)(2) and (g)(3) of Section 4.04 during
that | 11 | | State fiscal year.
| 12 | | (3) Its debt service savings during the preceding State | 13 | | fiscal year
from refunding or advance refunding of bonds or | 14 | | notes issued under subdivisions
(g)(2) and (g)(3) of | 15 | | Section 4.04.
| 16 | | (4) The amount of interest, if any, earned by the | 17 | | Authority during the
previous State fiscal year on the | 18 | | proceeds of bonds or notes issued pursuant to
subdivisions | 19 | | (g)(2) and (g)(3) of Section 4.04, other than refunding or | 20 | | advance
refunding bonds or notes.
| 21 | | The certification shall include a specific
schedule of debt | 22 | | service payments, including the date and amount of each
payment | 23 | | for all outstanding bonds or notes and an estimated schedule of
| 24 | | anticipated debt service for all bonds and notes it intends to | 25 | | issue, if any,
during that State fiscal year, including the | 26 | | estimated date and estimated
amount of each payment.
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| 1 | | Immediately upon the issuance of bonds for which an | 2 | | estimated schedule
of debt service payments was prepared, the | 3 | | Authority shall file an amended
certification with respect to | 4 | | item (2) above, to specify the actual
schedule of debt service | 5 | | payments, including the date and amount of each
payment, for | 6 | | the remainder of the State fiscal year.
| 7 | | On the first day of each month of the
State fiscal year in | 8 | | which there are bonds outstanding with respect to which
the | 9 | | certification is made, the State Comptroller shall order | 10 | | transferred and
the State Treasurer shall transfer from the | 11 | | Road Fund to the
Public Transportation Fund the Additional | 12 | | State Assistance and Additional
Financial Assistance in an | 13 | | amount equal to the aggregate of
(i) one-twelfth of the sum of | 14 | | the amounts certified under items
(1) and (3) above less the | 15 | | amount certified under item (4) above, plus
(ii)
the amount | 16 | | required to pay debt service on bonds and notes
issued during | 17 | | the fiscal year, if any, divided by the number of months
| 18 | | remaining in the fiscal year after the date of issuance, or | 19 | | some smaller
portion as may be necessary under subsection (c)
| 20 | | or (c-5) of this Section for the relevant State fiscal year, | 21 | | plus
(iii) any cumulative deficiencies in transfers for prior | 22 | | months,
until an amount equal to the
sum of the amounts | 23 | | certified under items (1) and (3) above,
plus the actual debt | 24 | | service certified under item (2) above,
less the amount | 25 | | certified under item (4) above,
has been transferred; except | 26 | | that these transfers are subject to the
following limits:
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| 1 | | (A) In no event shall the total transfers in any State | 2 | | fiscal
year relating to outstanding bonds and notes issued | 3 | | by the Authority under
subdivision (g)(2) of Section 4.04 | 4 | | exceed the lesser of the annual maximum
amount specified in | 5 | | subsection (c) or the sum of the amounts
certified under | 6 | | items (1) and (3) above,
plus the actual debt service | 7 | | certified under item (2) above,
less the amount certified | 8 | | under item
(4) above, with respect to those bonds and | 9 | | notes.
| 10 | | (B) In no event shall the total transfers in any State | 11 | | fiscal year
relating to outstanding bonds and notes issued | 12 | | by the Authority under
subdivision (g)(3) of Section 4.04 | 13 | | exceed the lesser of the annual maximum
amount specified in | 14 | | subsection (c-5) or the sum of the amounts certified under
| 15 | | items (1) and (3) above,
plus the actual debt service | 16 | | certified under item (2) above,
less the amount certified | 17 | | under item (4) above, with
respect to those bonds and | 18 | | notes.
| 19 | | The term "outstanding" does not include bonds or notes for | 20 | | which
refunding or advance refunding bonds or notes have been | 21 | | issued.
| 22 | | (e) Neither Additional State Assistance nor Additional | 23 | | Financial
Assistance may be pledged, either directly or
| 24 | | indirectly as general revenues of the Authority, as security | 25 | | for any bonds
issued by the Authority. The Authority may not | 26 | | assign its right to receive
Additional State Assistance or |
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| 1 | | Additional Financial Assistance, or direct
payment of | 2 | | Additional State
Assistance or Additional Financial | 3 | | Assistance, to a trustee or any other
entity for the
payment of | 4 | | debt service
on its bonds.
| 5 | | (f) The certification required under subsection (d) with | 6 | | respect to
outstanding bonds and notes of the Authority shall | 7 | | be
filed as early as practicable before the beginning of the | 8 | | State fiscal
year to which it relates. The certification shall | 9 | | be revised as may be
necessary to accurately state the debt | 10 | | service requirements of the Authority.
| 11 | | (g) Within 6 months of the end of each fiscal year, the | 12 | | Authority shall determine: | 13 | | (i) whether
the aggregate of all system generated | 14 | | revenues for public transportation
in the metropolitan | 15 | | region which is provided by, or under grant or purchase
of | 16 | | service contracts with, the Service Boards equals 50% of | 17 | | the aggregate
of all costs of providing such public | 18 | | transportation. "System generated
revenues" include all | 19 | | the proceeds of fares and charges for services provided,
| 20 | | contributions received in connection with public | 21 | | transportation from units
of local government other than | 22 | | the Authority, except for contributions received by the | 23 | | Chicago Transit Authority from a real estate transfer tax | 24 | | imposed under subsection (i) of Section 8-3-19 of the | 25 | | Illinois Municipal Code, and from the State pursuant
to | 26 | | subsection (i) of Section 2705-305 of the Department of |
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| 1 | | Transportation Law
(20 ILCS 2705/2705-305), and all other | 2 | | revenues properly included consistent
with generally | 3 | | accepted accounting principles but may not include: the | 4 | | proceeds
from any borrowing, and, beginning with the 2007 | 5 | | fiscal year, all revenues and receipts, including but not | 6 | | limited to fares and grants received from the federal, | 7 | | State or any unit of local government or other entity, | 8 | | derived from providing ADA paratransit service pursuant to | 9 | | Section 2.30 of the Regional Transportation Authority Act. | 10 | | "Costs" include all items properly included as
operating | 11 | | costs consistent with generally accepted accounting | 12 | | principles,
including administrative costs, but do not | 13 | | include: depreciation; payment
of principal and interest | 14 | | on bonds, notes or other evidences of obligations
for | 15 | | borrowed money of the Authority; payments with respect to | 16 | | public
transportation facilities made pursuant to | 17 | | subsection (b) of Section 2.20;
any payments with respect | 18 | | to rate protection contracts, credit
enhancements or | 19 | | liquidity agreements made under Section 4.14; any other
| 20 | | cost as to which it is reasonably expected that a cash
| 21 | | expenditure will not be made; costs for passenger
security | 22 | | including grants, contracts, personnel, equipment and
| 23 | | administrative expenses, except in the case of the Chicago | 24 | | Transit
Authority, in which case the term does not include | 25 | | costs spent annually by
that entity for protection against | 26 | | crime as required by Section 27a of the
Metropolitan |
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| 1 | | Transit Authority Act; the costs of Debt Service paid by | 2 | | the Chicago Transit Authority, as defined in Section 12c of | 3 | | the Metropolitan Transit Authority Act, or bonds or notes | 4 | | issued pursuant to that Section; the payment by the | 5 | | Commuter Rail Division of debt service on bonds issued | 6 | | pursuant to Section 3B.09; expenses incurred by the | 7 | | Suburban Bus Division for the cost of new public | 8 | | transportation services funded from grants pursuant to | 9 | | Section 2.01e of this amendatory Act of the 95th General | 10 | | Assembly for a period of 2 years from the date of | 11 | | initiation of each such service; costs as exempted by the | 12 | | Board for
projects pursuant to Section 2.09 of this Act; | 13 | | or, beginning with the 2007 fiscal year, expenses related | 14 | | to providing ADA paratransit service pursuant to Section | 15 | | 2.30 of the Regional Transportation Authority Act; or in | 16 | | fiscal years 2008 through 2012 inclusive, costs in the | 17 | | amount of $200,000,000 in fiscal year 2008, reducing by | 18 | | $40,000,000 in each fiscal year thereafter until this | 19 | | exemption is eliminated ; and any lost revenue experienced | 20 | | by the Commuter Rail Board due to the implementation of any | 21 | | requirement of Section 3B.09c . If said system generated
| 22 | | revenues are less than 50% of said costs, the Board shall | 23 | | remit an amount
equal to the amount of the deficit to the | 24 | | State. The Treasurer shall
deposit any such payment in the | 25 | | Road Fund; and
| 26 | | (ii) whether, beginning with the 2007 fiscal year, the |
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| 1 | | aggregate of all fares charged and received for ADA | 2 | | paratransit services equals the system generated ADA | 3 | | paratransit services revenue recovery ratio percentage of | 4 | | the aggregate of all costs of providing such ADA | 5 | | paratransit services.
| 6 | | (h) If the Authority makes any payment to the State under | 7 | | paragraph (g),
the Authority shall reduce the amount provided | 8 | | to a Service Board from funds
transferred under paragraph (a) | 9 | | in proportion to the amount by which
that Service Board failed | 10 | | to meet its required system generated revenues
recovery ratio. | 11 | | A Service Board which is affected by a reduction in funds
under | 12 | | this paragraph shall submit to the Authority concurrently with | 13 | | its
next due quarterly report a revised budget incorporating | 14 | | the reduction in
funds. The revised budget must meet the | 15 | | criteria specified in clauses (i)
through (vi) of Section | 16 | | 4.11(b)(2). The Board shall review and act on the
revised | 17 | | budget as provided in Section 4.11(b)(3).
| 18 | | (Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18.)
| 19 | | Section 99. Effective date. This Act takes effect June 1, | 20 | | 2020.
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