70 ILCS 3615/2.02
2021 Illinois Compiled Statutes|Chapter 70 - SPECIAL DISTRICTS|70 ILCS 3615/ - Regional Transportation Authority Act.|Article II - Powers

 (from Ch. 111 2/3, par. 702.02)Sec. 2.02. Purchase of service contracts; grants.(a) The Service Boards  may purchase public transportation from transportation agencies upon  such terms and conditions as may be set forth in purchase of service  agreements between the Service Boards and the transportation agencies.(b) Grants may be made either by: (i) the Authority to a Service  Board; or (ii) a Service Board to either a transportation agency or another  Service Board, all for  operating and other expenses, or for developing or planning public  transportation or for constructing or acquiring public transportation  facilities, all upon such terms and conditions as that Service Board or  the Authority shall  prescribe or as that Service Board and the Authority or that Service  Board and the transportation  agency shall agree  in any grant contract.(c) The Board shall adopt, to the extent it determines feasible,  guidelines setting forth uniform standards for the making of grants and  purchase of service agreements. Such grant contracts or purchase of  service agreements may be for such number of years or duration as the  parties shall agree.Any purchase of service agreement with a transportation agency which  is not a public body shall be upon terms and conditions which will allow  the transportation agency to receive for the public transportation  provided pursuant to the agreement net income, after reasonable  deductions for depreciation and other proper and necessary reserves,  equal to an amount which is a reasonable return upon the value of such  portion of the transportation agency's property as is used and useful in  rendering such transportation service. This paragraph shall be construed  in a manner consistent with the principles applicable to such a  transportation agency in rate proceedings under the Public Utilities Act.  This paragraph shall not be construed to provide for the funding of  reserves or guarantee that such a transportation agency shall in fact  receive any return. A Service Board shall, within  180 days after receiving  a written request from a transportation agency which is not a public  body, tender and offer to enter into with such transportation agency a  purchase of service agreement that is in conformity with this Act and  that covers the public transportation services by rail (other than  experimental or demonstration services) which such agency is providing  at the time of such request and which services either were in operation  for at least one year immediately preceding the effective date of this  Act or were in operation pursuant to a purchase of service or grant  agreement with the Authority or Service Board. No such tender by a  Service Board need be  made before April 1, 1975. The first purchase of service agreement so  requested shall not, unless the parties agree otherwise, become  effective prior to June 30, 1975. If, following such a request and  tender, a Service Board and the transportation agency  do not agree upon  the amount of compensation to be provided to the agency by the Service  Board  under the purchase of service agreement or fares and charges under the  purchase of service agreement, either of them may submit such unresolved  issues to the Illinois Commerce Commission for determination. The  Commission shall determine the unresolved issues in conformity with this  Act. The Commission's determination shall be set forth in writing,  together with such terms as are agreed by the parties and any other  unresolved terms as tendered by the Service Board, in  a single document  which shall constitute the entire purchase of service agreement between  the Service Board and the transportation agency, which  agreement, in the  absence of contrary agreement by the parties, shall be for a term of 3  years effective as of July 1, 1975, or, if the agreement is requested to  succeed a currently effective or recently expired purchase of service  agreement between the parties, as of the date of such expiration. The  decision of the Commission shall be binding upon the Service Board and the  transportation agency, subject to judicial review as provided in the Public Utilities Act, but the parties may at any time mutually amend or  terminate a purchase of service agreement. Prompt settlement between the  parties shall be made of any sums owing under the terms of the purchase  of service agreement so established for public transportation services  performed on and after the effective date of any such agreement.  If the Authority reduces the amount of operating subsidy available to  a Service Board under the provisions of Section 4.09 or Section 4.11,  the Service Board shall,  from those funds available to it under Section 4.02, first discharge its  financial obligations under the terms of a purchase of service contract to  any transportation agency which is not a public  body, unless such transportation agency has failed to take any action  requested by the Service Board, which  under the terms of the purchase of service contract the Service Board can  require the transportation agency to take, which would have the effect  of reducing the financial obligation of the Service Board to the transportation  agency.  The provisions of this paragraph (c) shall not preclude a Service Board and a  transportation agency from otherwise entering into a purchase of service  or grant agreement in conformity with this Act or an agreement for the  Authority or a Service Board to purchase or a Service Board to operate  that agency's public transportation  facilities, and shall not limit the exercise of the right of eminent  domain by the Authority pursuant to this Act.(d) Any transportation agency providing public transportation  pursuant to a purchase of service or grant agreement with the Authority  or a Service Board shall be subject to the Illinois Human Rights  Act and the remedies and procedures established  thereunder. Such agency shall file an affirmative action program for  employment by it with regard to public transportation so provided with  the Department of Human Rights  within one year of the purchase  of service or grant agreement, to ensure that applicants are employed  and that employees are treated during employment, without unlawful discrimination.  Such affirmative  action program shall include provisions relating to hiring, upgrading,  demotion, transfer, recruitment, recruitment advertising, selection for  training and rates of pay or other forms of compensation. No  unlawful discrimination as defined and prohibited in the Illinois Human  Rights Act in any such employment shall be made in any term or  aspect of employment and discrimination based upon  political reasons or factors shall be prohibited.(e) A Service Board, subject to the provisions of paragraph (c) of this Section,  may not discriminate against a transportation agency with which it  has a purchase of service contract or grant agreement in any condition affecting  the operation of the public transportation facility including the level  of subsidy provided, the quality or standard of public transportation to  be provided or in meeting the financial obligations to transportation agencies  under the terms of a purchase of service or grant contract. Any transportation  agency that believes that a Service Board is discriminating against it may,  after attempting to resolve the alleged discrimination by meeting with the  Service Board with which it has a purchase of service or grant contract,  appeal to the Authority. The Board shall name 3 of its members, other than  a member of the board of the concerned Service Board, to serve as a panel  to arbitrate the dispute.  The panel shall render a recommended decision  to the Board which shall be binding on the Service Board and the transportation  agency if adopted by the Board. The panel may not require the Service Board  to take any action which would increase the  operating budget of the Service Board.  The decision of the Board shall  be enforceable in a court of general jurisdiction.  (Source: P.A. 100-863, eff. 8-14-18.)