20 ILCS 2705/2705-305
2021 Illinois Compiled Statutes|Chapter 70 - SPECIAL DISTRICTS|70 ILCS 3615/ - Regional Transportation Authority Act.|Article IV - Finances

, and all other operating revenues properly included consistent with generally accepted accounting principles but do not include: the proceeds of any borrowings, and, beginning with the 2007 fiscal year, all revenues and receipts, including but not limited to fares and grants received from the federal, State or any unit of local government or other entity, derived from providing ADA paratransit service pursuant to Section 2.30 of the Regional Transportation Authority Act.  "Costs" include all items properly included as operating costs consistent with generally accepted accounting principles, including administrative costs, but do not include: depreciation; payment of principal and interest on bonds, notes or other evidences of obligation for borrowed money issued by the Authority; payments with respect to public transportation facilities made pursuant to subsection (b) of Section 2.20 of this Act; any payments with respect to rate protection contracts, credit enhancements or liquidity agreements made under Section 4.14; any other cost to which it is reasonably expected that a cash expenditure will not be made; costs for passenger security including grants, contracts, personnel, equipment and administrative expenses, except in the case of the Chicago Transit Authority, in which case the term does not include costs spent annually by that entity for protection against crime as required by Section 27a of the Metropolitan Transit Authority Act; the payment by the Chicago Transit Authority of Debt Service, as defined in Section 12c of the Metropolitan Transit Authority Act, on bonds or notes issued pursuant to that Section; the payment by the Commuter Rail Division of debt service on bonds issued pursuant to Section 3B.09; expenses incurred by the Suburban Bus Division for the cost of new public transportation services funded from grants pursuant to Section 2.01e of this amendatory Act of the 95th General Assembly for a period of 2 years from the date of initiation of each such service; costs as exempted by the Board for projects pursuant to Section 2.09 of this Act; or, beginning with the 2007 fiscal year, expenses related to providing ADA paratransit service pursuant to Section 2.30 of the Regional Transportation Authority Act; and in fiscal years 2008 through 2012 inclusive, costs in the amount of $200,000,000 in fiscal year 2008, reducing by $40,000,000 in each fiscal year thereafter until this exemption is eliminated; and(ii) that the level of fares charged for ADA     paratransit services is sufficient to cause the aggregate of all projected revenues from such fares charged and received in each fiscal year to equal at least 10% of the aggregate costs of providing such ADA paratransit services. However, due to the fiscal impacts of the COVID-19 pandemic, the aggregate of all projected fare revenues from such fares and charges received in fiscal years 2021, 2022, and 2023 may be less than 10% of the aggregate costs of providing such ADA paratransit services in those fiscal years. For purposes of this Act, the percentages in this subsection (b)(ii) shall be referred to as the "system generated ADA paratransit services revenue recovery ratio". For purposes of the system generated ADA paratransit services revenue recovery ratio, "costs" shall include all items properly included as operating costs consistent with generally accepted accounting principles.  However, the Board may exclude from costs an amount that does not exceed the allowable "capital costs of contracting" for ADA paratransit services pursuant to the Federal Transit Administration guidelines for the Urbanized Area Formula Program.(c) The actual administrative expenses of the Authority for the fiscal  year commencing January 1, 1985 may not exceed $5,000,000.  The actual administrative expenses of the Authority for the fiscal year  commencing January 1, 1986, and for each fiscal year thereafter shall not  exceed the maximum administrative expenses for the previous fiscal year plus  5%. "Administrative  expenses" are defined for purposes of this Section as all expenses except:  (1) capital expenses and purchases of the Authority on behalf of the Service  Boards; (2) payments to Service Boards; and (3) payment of principal  and interest on bonds, notes or other evidence of obligation for borrowed  money issued by the Authority; (4) costs for passenger security including  grants, contracts, personnel, equipment and administrative expenses; (5)  payments with respect to public transportation facilities made pursuant to  subsection (b) of Section 2.20 of this Act; and (6) any payments with  respect to rate protection contracts, credit enhancements or liquidity  agreements made pursuant to Section 4.14.(d) This subsection applies only until the Department begins administering and enforcing an increased tax under Section 4.03(m) as authorized by this amendatory Act of the 95th General Assembly. After withholding 15% of the proceeds of any tax imposed by the  Authority and 15% of money received by the Authority from the Regional  Transportation Authority Occupation and Use Tax Replacement Fund,  the Board shall allocate the proceeds and money remaining to the Service  Boards as follows: (1) an amount equal to 85% of the proceeds of those  taxes collected within the City of Chicago and 85% of the money received by  the Authority on account of transfers to the Regional Transportation  Authority Occupation and Use Tax Replacement Fund from the County and Mass  Transit District Fund attributable to retail sales within the City of  Chicago shall be allocated to the Chicago Transit  Authority; (2) an amount equal to 85% of the proceeds of those taxes  collected within Cook County outside the City of Chicago and 85% of the  money received by the Authority on account of transfers to the Regional  Transportation Authority Occupation and Use Tax Replacement Fund from the  County and Mass Transit District Fund attributable to retail sales within  Cook County outside of the city of Chicago shall be allocated  30% to the Chicago Transit Authority, 55% to the Commuter Rail Board and  15% to the Suburban Bus Board; and (3) an amount equal to 85% of the  proceeds of the taxes collected within the Counties of DuPage, Kane, Lake,  McHenry and Will shall be allocated 70% to the Commuter Rail Board and 30%  to the Suburban Bus Board.(e) This subsection applies only until the Department begins administering and enforcing an increased tax under Section 4.03(m) as authorized by this amendatory Act of the 95th General Assembly. Moneys received by the Authority on account of transfers to the  Regional Transportation Authority Occupation and Use Tax Replacement Fund   from the State and Local Sales Tax Reform Fund shall be  allocated among the Authority and the Service Boards as follows: 15% of  such moneys shall be retained by the Authority and the remaining 85%  shall be transferred to the Service Boards as soon as may be  practicable after the Authority receives payment.  Moneys which are  distributable to the Service Boards pursuant to the preceding sentence  shall be allocated among the Service Boards on the basis of each Service  Board's distribution ratio.  The term "distribution ratio" means,  for purposes of this subsection (e) of this Section 4.01, the ratio of  the total amount distributed to a Service Board pursuant to subsection (d)  of Section 4.01 for the immediately preceding calendar year to the total  amount distributed to all of the Service Boards pursuant to subsection (d)  of Section 4.01 for the immediately preceding calendar year.(f) To carry out its duties and responsibilities under this Act,   the Board shall employ staff which shall: (1) propose for adoption by the Board of the Authority rules for the Service Boards that establish (i) forms and schedules to be used and information required to be provided with respect to a five-year capital program, annual budgets, and two-year financial plans and regular reporting of actual results against adopted budgets and financial plans, (ii) financial practices to be followed in the budgeting and expenditure of public funds, (iii) assumptions and projections that must be followed in preparing and submitting its annual budget and two-year financial plan or a five-year capital program; (2) evaluate for  the Board public transportation programs operated or proposed by  the Service Boards and  transportation agencies in terms of the goals and objectives set out in the Strategic Plan; (3)   keep the Board and the public informed of the extent to which the Service Boards and transportation agencies are meeting the goals and objectives adopted by the Authority in the Strategic Plan; and (4) assess the efficiency or adequacy of public transportation services provided by a Service Board and make recommendations for change in that service   to the end that the moneys   available to the Authority may be  expended in the most economical manner possible with the least possible  duplication.(g) All    Service Boards, transportation agencies, comprehensive planning agencies, including the Chicago Metropolitan Agency for Planning, or  transportation planning agencies in the metropolitan region shall  furnish to the Authority   such information pertaining to public  transportation or relevant for plans therefor as it may from time to time  require. The Executive Director, or his or her designee, shall, for the purpose of  securing any such information necessary or appropriate to carry out any of the powers and responsibilities of the Authority under this Act, have access to, and the right to examine, all  books, documents, papers or records of a Service Board or any transportation   agency receiving funds from the Authority  or Service Board, and such Service Board or transportation agency shall comply with any request by the Executive Director, or his or her designee, within 30 days or an extended time provided by the Executive Director.(h) No Service Board shall undertake any capital improvement which is not identified in the Five-Year Capital Program.(i) Each Service Board shall furnish to the Board access to its financial information including, but not limited to, audits and reports.  The Board shall have real-time access to the financial information of the Service Boards;  however, the Board shall be granted read-only access to the Service Board's financial information. (Source: P.A. 102-678, eff. 12-10-21.)