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Illinois House Bill HB1342

Illinois 2023-2024 Regular Session

Illinois House Bill HB1342 Compare Versions

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1-Public Act 103-0281
21 HB1342 EnrolledLRB103 24929 AWJ 51263 b HB1342 Enrolled LRB103 24929 AWJ 51263 b
32 HB1342 Enrolled LRB103 24929 AWJ 51263 b
4-AN ACT concerning local government.
5-Be it enacted by the People of the State of Illinois,
6-represented in the General Assembly:
7-Section 5. The Metropolitan Transit Authority Act is
8-amended by changing Sections 31 and 51 as follows:
9-(70 ILCS 3605/31) (from Ch. 111 2/3, par. 331)
10-Sec. 31. The Board shall have power to pass all ordinances
11-and make all rules and regulations proper or necessary to
12-regulate the use, operation and maintenance of its property
13-and facilities, and to carry into effect the powers granted to
14-the Authority, with such fines or penalties, including
15-ordinances, rules, and regulations concerning the suspension
16-of riding privileges or confiscation of fare media under
17-Section 2.40 of the Regional Transportation Authority Act, as
18-may be deemed proper. No fine or penalty shall exceed $300.00,
19-and no imprisonment shall exceed six (6) months for one
20-offense. All fines and penalties shall be imposed by
21-ordinances, which shall be published in a newspaper of general
22-circulation published in the metropolitan area. No such
23-ordinance shall take effect until ten days after its
24-publication.
25-(Source: P.A. 80-937.)
3+1 AN ACT concerning local government.
4+2 Be it enacted by the People of the State of Illinois,
5+3 represented in the General Assembly:
6+4 Section 5. The Metropolitan Transit Authority Act is
7+5 amended by changing Sections 31 and 51 as follows:
8+6 (70 ILCS 3605/31) (from Ch. 111 2/3, par. 331)
9+7 Sec. 31. The Board shall have power to pass all ordinances
10+8 and make all rules and regulations proper or necessary to
11+9 regulate the use, operation and maintenance of its property
12+10 and facilities, and to carry into effect the powers granted to
13+11 the Authority, with such fines or penalties, including
14+12 ordinances, rules, and regulations concerning the suspension
15+13 of riding privileges or confiscation of fare media under
16+14 Section 2.40 of the Regional Transportation Authority Act, as
17+15 may be deemed proper. No fine or penalty shall exceed $300.00,
18+16 and no imprisonment shall exceed six (6) months for one
19+17 offense. All fines and penalties shall be imposed by
20+18 ordinances, which shall be published in a newspaper of general
21+19 circulation published in the metropolitan area. No such
22+20 ordinance shall take effect until ten days after its
23+21 publication.
24+22 (Source: P.A. 80-937.)
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32-(70 ILCS 3605/51)
33-Sec. 51. Free and reduced fare services; eligibility.
34-(a) Notwithstanding any law to the contrary, no later than
35-60 days following the effective date of this amendatory Act of
36-the 95th General Assembly and until subsection (b) is
37-implemented, any fixed route public transportation services
38-provided by, or under grant or purchase of service contracts
39-of, the Board shall be provided without charge to all senior
40-citizens of the Metropolitan Region (as such term is defined
41-in 70 ILCS 3615/1.03) aged 65 and older, under such conditions
42-as shall be prescribed by the Board.
43-(b) Notwithstanding any law to the contrary, no later than
44-180 days following the effective date of this amendatory Act
45-of the 96th General Assembly, any fixed route public
46-transportation services provided by, or under grant or
47-purchase of service contracts of, the Board shall be provided
48-without charge to senior citizens aged 65 and older who meet
49-the income eligibility limitation set forth in subsection
50-(a-5) of Section 4 of the Senior Citizens and Persons with
51-Disabilities Property Tax Relief Act, under such conditions as
52-shall be prescribed by the Board. The Department on Aging
53-shall furnish all information reasonably necessary to
54-determine eligibility, including updated lists of individuals
55-who are eligible for services without charge under this
56-Section. Nothing in this Section shall relieve the Board from
57-providing reduced fares as may be required by federal law.
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33+1 (70 ILCS 3605/51)
34+2 Sec. 51. Free and reduced fare services; eligibility.
35+3 (a) Notwithstanding any law to the contrary, no later than
36+4 60 days following the effective date of this amendatory Act of
37+5 the 95th General Assembly and until subsection (b) is
38+6 implemented, any fixed route public transportation services
39+7 provided by, or under grant or purchase of service contracts
40+8 of, the Board shall be provided without charge to all senior
41+9 citizens of the Metropolitan Region (as such term is defined
42+10 in 70 ILCS 3615/1.03) aged 65 and older, under such conditions
43+11 as shall be prescribed by the Board.
44+12 (b) Notwithstanding any law to the contrary, no later than
45+13 180 days following the effective date of this amendatory Act
46+14 of the 96th General Assembly, any fixed route public
47+15 transportation services provided by, or under grant or
48+16 purchase of service contracts of, the Board shall be provided
49+17 without charge to senior citizens aged 65 and older who meet
50+18 the income eligibility limitation set forth in subsection
51+19 (a-5) of Section 4 of the Senior Citizens and Persons with
52+20 Disabilities Property Tax Relief Act, under such conditions as
53+21 shall be prescribed by the Board. The Department on Aging
54+22 shall furnish all information reasonably necessary to
55+23 determine eligibility, including updated lists of individuals
56+24 who are eligible for services without charge under this
57+25 Section. Nothing in this Section shall relieve the Board from
58+26 providing reduced fares as may be required by federal law.
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60-(c) The Board shall partner with the City of Chicago to
61-provide transportation at reduced fares for participants in
62-programs that offer employment and internship opportunities to
63-youth and young adults ages 14 through 24.
64-(Source: P.A. 99-143, eff. 7-27-15.)
65-Section 10. The Local Mass Transit District Act is amended
66-by changing Section 5 and adding Section 5.6 as follows:
67-(70 ILCS 3610/5) (from Ch. 111 2/3, par. 355)
68-Sec. 5. (a) The Board of Trustees of every District may
69-establish or acquire any or all manner of mass transit
70-facility. The Board may engage in the business of
71-transportation of passengers on scheduled routes and by
72-contract on nonscheduled routes within the territorial limits
73-of the counties or municipalities creating the District, by
74-whatever means it may decide. Its routes may be extended
75-beyond such territorial limits with the consent of the
76-governing bodies of the municipalities or counties into which
77-such operation is extended.
78-(b) The Board of Trustees of every District may for the
79-purposes of the District, acquire by gift, purchase, lease,
80-legacy, condemnation, or otherwise and hold, use, improve,
81-maintain, operate, own, manage or lease, as lessor or lessee,
82-such cars, buses, equipment, buildings, structures, real and
83-personal property, and interests therein, and services, lands
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86-for terminal and other related facilities, improvements and
87-services, or any interest therein, including all or any part
88-of the plant, land, buildings, equipment, vehicles, licenses,
89-franchises, patents, property, service contracts and
90-agreements of every kind and nature. Real property may be so
91-acquired if it is situated within or partially within the area
92-served by the District or if it is outside the area if it is
93-desirable or necessary for the purposes of the District.
94-(c) The Board of Trustees of every District which
95-establishes, provides, or acquires mass transit facilities or
96-services may contract with any person or corporation or public
97-or private entity for the operation or provision thereof upon
98-such terms and conditions as the District shall determine.
99-(d) The Board of Trustees of every District shall have the
100-authority to contract for any and all purposes of the
101-District, including with an interstate transportation
102-authority, or with another local Mass Transit District or any
103-other municipal, public, or private corporation entity in the
104-transportation business including the authority to contract to
105-lease its or otherwise provide land, buildings, and equipment,
106-and other related facilities, improvements, and services, for
107-the carriage of passengers beyond the territorial limits of
108-the District or to subsidize transit operations by a public or
109-private or municipal corporation operating entity providing
110-mass transit facilities.
111-(e) The Board of Trustees of every District shall have the
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114-authority to establish, alter and discontinue transportation
115-routes and services and any or all ancillary or supporting
116-facilities and services, and to establish and amend rate
117-schedules for the transportation of persons thereon or for the
118-public or private use thereof which rate schedules shall,
119-together with any grants, receipts or income from other
120-sources, be sufficient to pay the expenses of the District,
121-the repair, maintenance and the safe and adequate operation of
122-its mass transit facilities and public mass transportation
123-system and to fulfill the terms of its debts, undertakings,
124-and obligations.
125-(f) The Board of Trustees of every District shall have
126-perpetual succession and shall have the following powers in
127-addition to any others in this Act granted:
128-(1) to sue and be sued;
129-(2) to adopt and use a seal;
130-(3) to make and execute contracts loans, leases,
131-subleases, installment purchase agreements, contracts,
132-notes and other instruments evidencing financial
133-obligations, and other instruments necessary or convenient
134-in the exercise of its powers;
135-(4) to make, amend and repeal bylaws, rules and
136-regulations not inconsistent with this Act, including
137-rules and regulations proper or necessary to regulate the
138-use, operation, and maintenance of its properties and
139-facilities and to carry into effect the powers granted to
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69+1 (c) The Board shall partner with the City of Chicago to
70+2 provide transportation at reduced fares for participants in
71+3 programs that offer employment and internship opportunities to
72+4 youth and young adults ages 14 through 24.
73+5 (Source: P.A. 99-143, eff. 7-27-15.)
74+6 Section 10. The Local Mass Transit District Act is amended
75+7 by changing Section 5 and adding Section 5.6 as follows:
76+8 (70 ILCS 3610/5) (from Ch. 111 2/3, par. 355)
77+9 Sec. 5. (a) The Board of Trustees of every District may
78+10 establish or acquire any or all manner of mass transit
79+11 facility. The Board may engage in the business of
80+12 transportation of passengers on scheduled routes and by
81+13 contract on nonscheduled routes within the territorial limits
82+14 of the counties or municipalities creating the District, by
83+15 whatever means it may decide. Its routes may be extended
84+16 beyond such territorial limits with the consent of the
85+17 governing bodies of the municipalities or counties into which
86+18 such operation is extended.
87+19 (b) The Board of Trustees of every District may for the
88+20 purposes of the District, acquire by gift, purchase, lease,
89+21 legacy, condemnation, or otherwise and hold, use, improve,
90+22 maintain, operate, own, manage or lease, as lessor or lessee,
91+23 such cars, buses, equipment, buildings, structures, real and
92+24 personal property, and interests therein, and services, lands
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142-the Board of Trustees, with any necessary fines or
143-penalties, such as the suspension of riding privileges or
144-confiscation of fare media under Section 5.6, as the Board
145-deems proper;
146-(5) to sell, lease, sublease, license, transfer,
147-convey or otherwise dispose of any of its real or personal
148-property, or interests therein, in whole or in part, at
149-any time upon such terms and conditions as it may
150-determine, with public bidding if the value exceeds $1,000
151-at negotiated, competitive, public, or private sale;
152-(6) to invest funds, not required for immediate
153-disbursement, in property, agreements, or securities legal
154-for investment of public funds controlled by savings banks
155-under applicable law;
156-(7) to mortgage, pledge, hypothecate or otherwise
157-encumber all or any part of its real or personal property
158-or other assets, or interests therein;
159-(8) to apply for, accept and use grants, loans or
160-other financial assistance from any private entity or
161-municipal, county, State or Federal governmental agency or
162-other public entity;
163-(9) to borrow money from the United States Government
164-or any agency thereof, or from any other public or private
165-source, for the purposes of the District and, as evidence
166-thereof, to issue its revenue bonds, payable solely from
167-the revenue derived from the operation of the District.
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170-These bonds may be issued with maturities not exceeding 40
171-years from the date of the bonds, and in such amounts as
172-may be necessary to provide sufficient funds, together
173-with interest, for the purposes of the District. These
174-bonds shall bear interest at a rate of not more than the
175-maximum rate authorized by the Bond Authorization Act, as
176-amended at the time of the making of the contract of sale,
177-payable semi-annually, may be made registerable as to
178-principal, and may be made payable and callable as
179-provided on any interest payment date at a price of par and
180-accrued interest under such terms and conditions as may be
181-fixed by the ordinance authorizing the issuance of the
182-bonds. Bonds issued under this Section are negotiable
183-instruments. They shall be executed by the chairman and
184-members of the Board of Trustees, attested by the
185-secretary, and shall be sealed with the corporate seal of
186-the District. In case any Trustee or officer whose
187-signature appears on the bonds or coupons ceases to hold
188-that office before the bonds are delivered, such officer's
189-signature, shall nevertheless be valid and sufficient for
190-all purposes, the same as though such officer had remained
191-in office until the bonds were delivered. The bonds shall
192-be sold in such manner and upon such terms as the Board of
193-Trustees shall determine, except that the selling price
194-shall be such that the interest cost to the District of the
195-proceeds of the bonds shall not exceed the maximum rate
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198-authorized by the Bond Authorization Act, as amended at
199-the time of the making of the contract of sale, payable
200-semi-annually, computed to maturity according to the
201-standard table of bond values.
202-The ordinance shall fix the amount of revenue bonds
203-proposed to be issued, the maturity or maturities, the
204-interest rate, which shall not exceed the maximum rate
205-authorized by the Bond Authorization Act, as amended at
206-the time of the making of the contract of sale, and all the
207-details in connection with the bonds. The ordinance may
208-contain such covenants and restrictions upon the issuance
209-of additional revenue bonds thereafter, which will share
210-equally in the revenue of the District, as may be deemed
211-necessary or advisable for the assurance of the payment of
212-the bonds first issued. Any District may also provide in
213-the ordinance authorizing the issuance of bonds under this
214-Section that the bonds, or such ones thereof as may be
215-specified, shall, to the extent and in the manner
216-prescribed, be subordinated and be junior in standing,
217-with respect to the payment of principal and interest and
218-the security thereof, to such other bonds as are
219-designated in the ordinance.
220-The ordinance shall pledge the revenue derived from
221-the operations of the District for the purpose of paying
222-the cost of operation and maintenance of the District,
223-and, as applicable, providing adequate depreciation funds,
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103+1 for terminal and other related facilities, improvements and
104+2 services, or any interest therein, including all or any part
105+3 of the plant, land, buildings, equipment, vehicles, licenses,
106+4 franchises, patents, property, service contracts and
107+5 agreements of every kind and nature. Real property may be so
108+6 acquired if it is situated within or partially within the area
109+7 served by the District or if it is outside the area if it is
110+8 desirable or necessary for the purposes of the District.
111+9 (c) The Board of Trustees of every District which
112+10 establishes, provides, or acquires mass transit facilities or
113+11 services may contract with any person or corporation or public
114+12 or private entity for the operation or provision thereof upon
115+13 such terms and conditions as the District shall determine.
116+14 (d) The Board of Trustees of every District shall have the
117+15 authority to contract for any and all purposes of the
118+16 District, including with an interstate transportation
119+17 authority, or with another local Mass Transit District or any
120+18 other municipal, public, or private corporation entity in the
121+19 transportation business including the authority to contract to
122+20 lease its or otherwise provide land, buildings, and equipment,
123+21 and other related facilities, improvements, and services, for
124+22 the carriage of passengers beyond the territorial limits of
125+23 the District or to subsidize transit operations by a public or
126+24 private or municipal corporation operating entity providing
127+25 mass transit facilities.
128+26 (e) The Board of Trustees of every District shall have the
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226-and paying the principal of and interest on the bonds of
227-the District issued under this Section;
228-(10) subject to Section 5.1, to levy a tax on property
229-within the District at the rate of not to exceed .25% on
230-the assessed value of such property in the manner provided
231-in the Illinois Municipal Budget Law;
232-(11) to issue tax anticipation warrants;
233-(12) to contract with any school district in this
234-State to provide for the transportation of pupils to and
235-from school within such district pursuant to the
236-provisions of Section 29-15 of the School Code;
237-(13) to provide for the insurance of any property,
238-directors, officers, employees or operations of the
239-District against any risk or hazard, and to self-insure or
240-participate in joint self-insurance pools or entities to
241-insure against such risk or hazard;
242-(14) to use its established funds, personnel, and
243-other resources to acquire, construct, operate, and
244-maintain bikeways and trails. Districts may cooperate with
245-other governmental and private agencies in bikeway and
246-trail programs; and
247-(15) to acquire, own, maintain, construct,
248-reconstruct, improve, repair, operate or lease any
249-light-rail public transportation system, terminal,
250-terminal facility, public airport, or bridge or toll
251-bridge across waters with any city, state, or both.
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254-With respect to instruments for the payment of money
255-issued under this Section either before, on, or after June 6,
256-1989 (the effective date of Public Act 86-4), it is and always
257-has been the intention of the General Assembly (i) that the
258-Omnibus Bond Acts are and always have been supplementary
259-grants of power to issue instruments in accordance with the
260-Omnibus Bond Acts, regardless of any provision of this Act
261-that may appear to be or to have been more restrictive than
262-those Acts, (ii) that the provisions of this Section are not a
263-limitation on the supplementary authority granted by the
264-Omnibus Bond Acts, and (iii) that instruments issued under
265-this Section within the supplementary authority granted by the
266-Omnibus Bond Acts are not invalid because of any provision of
267-this Act that may appear to be or to have been more restrictive
268-than those Acts.
269-This Section shall be liberally construed to give effect
270-to its purposes.
271-(Source: P.A. 99-642, eff. 7-28-16.)
272-(70 ILCS 3610/5.6 new)
273-Sec. 5.6. Suspension of riding privileges and confiscation
274-of fare media.
275-(a) As used in this Section, "demographic information"
276-includes, but is not limited to, age, race, ethnicity, gender,
277-and housing status, as that term is defined under Section 10 of
278-the Bill of Rights for the Homeless Act.
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281-(b) Suspension of riding privileges and confiscation of
282-fare media are limited to:
283-(1) violations where the person's conduct places
284-transit employees or transit passengers in reasonable
285-apprehension of a threat to their safety or the safety of
286-others, including assault and battery, as those terms are
287-defined under Sections 12-1 and 12-3 of the Criminal Code
288-of 2012;
289-(2) violations where the person's conduct places
290-transit employees or transit passengers in reasonable
291-apprehension of a threat of a criminal sexual assault, as
292-that term is defined under Section 11-1.20 of the Criminal
293-Code of 2012; and
294-(3) violations involving an act of public indecency,
295-as that term is defined in Section 11-30 of the Criminal
296-Code of 2012.
297-(c) Written notice shall be provided to an individual
298-regarding the suspension of the individual's riding privileges
299-or confiscation of fare media. The notice shall be provided in
300-person at the time of the alleged violation, except that, if
301-providing notice in person at the time of the alleged
302-violation is not practicable, then the Authority shall make a
303-reasonable effort to provide notice to the individual by
304-either personal service, by mailing a copy of the notice by
305-certified mail, return receipt requested, and first-class mail
306-to the person's current address, or by emailing a copy of the
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139+1 authority to establish, alter and discontinue transportation
140+2 routes and services and any or all ancillary or supporting
141+3 facilities and services, and to establish and amend rate
142+4 schedules for the transportation of persons thereon or for the
143+5 public or private use thereof which rate schedules shall,
144+6 together with any grants, receipts or income from other
145+7 sources, be sufficient to pay the expenses of the District,
146+8 the repair, maintenance and the safe and adequate operation of
147+9 its mass transit facilities and public mass transportation
148+10 system and to fulfill the terms of its debts, undertakings,
149+11 and obligations.
150+12 (f) The Board of Trustees of every District shall have
151+13 perpetual succession and shall have the following powers in
152+14 addition to any others in this Act granted:
153+15 (1) to sue and be sued;
154+16 (2) to adopt and use a seal;
155+17 (3) to make and execute contracts loans, leases,
156+18 subleases, installment purchase agreements, contracts,
157+19 notes and other instruments evidencing financial
158+20 obligations, and other instruments necessary or convenient
159+21 in the exercise of its powers;
160+22 (4) to make, amend and repeal bylaws, rules and
161+23 regulations not inconsistent with this Act, including
162+24 rules and regulations proper or necessary to regulate the
163+25 use, operation, and maintenance of its properties and
164+26 facilities and to carry into effect the powers granted to
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309-notice to an email address on file, if available. If the person
310-is known to be detained in jail, service shall be made as
311-provided under Section 2-203.2 of the Code of Civil Procedure.
312-The written notice shall be sufficient to inform the
313-individual about the following:
314-(1) the nature of the suspension of riding privileges
315-or confiscation of fare media;
316-(2) the person's rights and available remedies to
317-contest or appeal the suspension of riding privileges or
318-confiscation of fare media and to apply for reinstatement
319-of riding privileges; and
320-(3) the procedures for adjudicating whether a
321-suspension or confiscation is warranted and for applying
322-for reinstatement of riding privileges, including the time
323-and location of any hearing.
324-The process to determine whether a suspension or riding
325-privileges or confiscation of fare media is warranted and the
326-length of the suspension shall be concluded within 30 business
327-days after the individual receives notice of the suspension or
328-confiscation.
329-Notwithstanding any other provision of this Section, no
330-person shall be denied the ability to contest or appeal a
331-suspension of riding privileges or confiscation of fare media,
332-or to attend a hearing to determine whether a suspension or
333-confiscation was warranted, because the person was detained in
334-a jail.
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337-(d) Each Board shall create an administrative suspension
338-hearing process as follows:
339-(1) A Board shall designate an official to oversee the
340-administrative process to decide whether a suspension is
341-warranted and the length of the suspension.
342-(2) The accused and related parties, including legal
343-counsel, may attend this hearing in person, by telephone,
344-or virtually.
345-(3) The Board shall present the suspension-related
346-evidence and outline the evidence that supports the need
347-for the suspension.
348-(4) The accused or the accused's legal counsel can
349-present and may make an oral or written presentation and
350-offer documents, including affidavits, in response to the
351-Board's evidence.
352-(5) The Board's designated official shall make a
353-finding on the suspension.
354-(6) The value of unexpended credit or unexpired passes
355-shall be reimbursed upon suspension of riding privileges
356-or confiscation of fare media.
357-(7) The alleged victims of the violation and related
358-parties, including witnesses who were present, may attend
359-this hearing in person, by telephone, or virtually.
360-(8) The alleged victims of the violation and related
361-parties, including witnesses who were present, can present
362-and may make an oral or written presentation and offer
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365-documents, including affidavits, in response to the
366-Board's evidence.
367-(e) Each Board shall create a process to appeal and
368-reinstate ridership privileges. This information shall be
369-provided to the suspended rider at the time of the Board's
370-findings. A suspended rider is entitled to 2 appeals after the
371-Board's finding to suspend the person's ridership. A suspended
372-rider may petition the Board to reinstate the person's
373-ridership privileges one calendar year after the Board's
374-suspension finding if the length of the suspension is more
375-than one year.
376-(f) Each Board shall collect, report, and make publicly
377-available in a quarterly timeframe the number and demographic
378-information of people subject to suspension of riding
379-privileges or confiscation of fare media, the conduct leading
380-to the suspension or confiscation, as well as the location and
381-description of the location where the conduct occurred, such
382-as identifying the transit station or transit line, date, and
383-time of day, a citation to the statutory authority for which
384-the accused person was arrested or charged, the amount, if
385-any, on the fare media, and the length of the suspension.
386-Section 15. The Regional Transportation Authority Act is
387-amended by changing Sections 3A.09, 4.01, and 4.09 and by
388-adding Sections 2.10a, 2.40, 2.41, 2.42, 3.12, and 3B.09c as
389-follows:
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175+1 the Board of Trustees, with any necessary fines or
176+2 penalties, such as the suspension of riding privileges or
177+3 confiscation of fare media under Section 5.6, as the Board
178+4 deems proper;
179+5 (5) to sell, lease, sublease, license, transfer,
180+6 convey or otherwise dispose of any of its real or personal
181+7 property, or interests therein, in whole or in part, at
182+8 any time upon such terms and conditions as it may
183+9 determine, with public bidding if the value exceeds $1,000
184+10 at negotiated, competitive, public, or private sale;
185+11 (6) to invest funds, not required for immediate
186+12 disbursement, in property, agreements, or securities legal
187+13 for investment of public funds controlled by savings banks
188+14 under applicable law;
189+15 (7) to mortgage, pledge, hypothecate or otherwise
190+16 encumber all or any part of its real or personal property
191+17 or other assets, or interests therein;
192+18 (8) to apply for, accept and use grants, loans or
193+19 other financial assistance from any private entity or
194+20 municipal, county, State or Federal governmental agency or
195+21 other public entity;
196+22 (9) to borrow money from the United States Government
197+23 or any agency thereof, or from any other public or private
198+24 source, for the purposes of the District and, as evidence
199+25 thereof, to issue its revenue bonds, payable solely from
200+26 the revenue derived from the operation of the District.
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392-(70 ILCS 3615/2.10a new)
393-Sec. 2.10a. Zero-emission buses.
394-(a) As used in this Section:
395-"Zero-emission bus" means a bus that is:
396-(1) designed to carry more than 10 passengers and is
397-used to carry passengers for compensation.
398-(2) a zero-emission vehicle; and
399-(3) not a taxi.
400-"Zero-emission vehicle" means a fuel cell or electric
401-vehicle that:
402-(1) is a motor vehicle;
403-(2) is made by a commercial manufacturer;
404-(3) is manufactured primarily for use on public
405-streets, roads, and highways;
406-(4) has a maximum speed capability of at least 55
407-miles per hour;
408-(5) is powered entirely by electricity or powered by
409-combining hydrogen and oxygen, which runs the motor;
410-(6) has an operating range of at least 100 miles; and
411-(7) produces only water vapor and heat as byproducts.
412-(b) On or after July 1, 2026, a Service Board may not enter
413-into a new contract to purchase a bus that is not a
414-zero-emission bus for the purpose of the Service Board's
415-transit bus fleet.
416-(c) For the purposes of determining compliance with this
417203
418204
419-Section, a Service Board shall not be deemed to be in violation
420-of this Section when failure to comply is due to:
421-(1) the unavailability of zero-emission buses from a
422-manufacturer or funding to purchase zero-emission buses;
423-(2) the lack of necessary charging, fueling, or
424-storage facilities or funding to procure charging,
425-fueling, or storage facilities; or
426-(3) the inability of a third party to enter into a
427-contractual or commercial relationship with a Service
428-Board that is necessary to carry out the purposes of this
429-Section.
430-(70 ILCS 3615/2.40 new)
431-Sec. 2.40. Suspension of riding privileges and
432-confiscation of fare media.
433-(a) As used in this Section, "demographic information"
434-includes, but is not limited to, age, race, ethnicity, gender,
435-and housing status, as that term is defined under Section 10 of
436-the Bill of Rights for the Homeless Act.
437-(b) Suspension of riding privileges and confiscation of
438-fare media are limited to:
439-(1) violations where the person's conduct places
440-transit employees or transit passengers in reasonable
441-apprehension of a threat to their safety or the safety of
442-others, including assault and battery, as those terms are
443-defined under Sections 12-1 and 12-3 of the Criminal Code
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446-of 2012;
447-(2) violations where the person's conduct places
448-transit employees or transit passengers in reasonable
449-apprehension of a threat of a criminal sexual assault, as
450-that term is defined under Section 11-1.20 of the Criminal
451-Code of 2012; and
452-(3) violations involving an act of public indecency,
453-as that term is defined in Section 11-30 of the Criminal
454-Code of 2012.
455-(c) Written notice shall be provided to an individual
456-regarding the suspension of the individual's riding privileges
457-or confiscation of fare media. The notice shall be provided in
458-person at the time of the alleged violation, except that, if
459-providing notice in person at the time of the alleged
460-violation is not practicable, then the Authority shall make a
461-reasonable effort to provide notice to the individual by
462-personal service, by mailing a copy of the notice by certified
463-mail, return receipt requested, and first-class mail to the
464-person's current address, or by emailing a copy of the notice
465-to an email address on file, if available. If the person is
466-known to be detained in jail, service shall be made as provided
467-under Section 2-203.2 of the Code of Civil Procedure. The
468-written notice shall be sufficient to inform the individual
469-about the following:
470-(1) the nature of the suspension of riding privileges
471-or confiscation of fare media;
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211+1 These bonds may be issued with maturities not exceeding 40
212+2 years from the date of the bonds, and in such amounts as
213+3 may be necessary to provide sufficient funds, together
214+4 with interest, for the purposes of the District. These
215+5 bonds shall bear interest at a rate of not more than the
216+6 maximum rate authorized by the Bond Authorization Act, as
217+7 amended at the time of the making of the contract of sale,
218+8 payable semi-annually, may be made registerable as to
219+9 principal, and may be made payable and callable as
220+10 provided on any interest payment date at a price of par and
221+11 accrued interest under such terms and conditions as may be
222+12 fixed by the ordinance authorizing the issuance of the
223+13 bonds. Bonds issued under this Section are negotiable
224+14 instruments. They shall be executed by the chairman and
225+15 members of the Board of Trustees, attested by the
226+16 secretary, and shall be sealed with the corporate seal of
227+17 the District. In case any Trustee or officer whose
228+18 signature appears on the bonds or coupons ceases to hold
229+19 that office before the bonds are delivered, such officer's
230+20 signature, shall nevertheless be valid and sufficient for
231+21 all purposes, the same as though such officer had remained
232+22 in office until the bonds were delivered. The bonds shall
233+23 be sold in such manner and upon such terms as the Board of
234+24 Trustees shall determine, except that the selling price
235+25 shall be such that the interest cost to the District of the
236+26 proceeds of the bonds shall not exceed the maximum rate
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473238
474-(2) the person's rights and available remedies to
475-contest or appeal the suspension of riding privileges or
476-confiscation of fare media and to apply for reinstatement
477-of riding privileges; and
478-(3) the procedures for adjudicating whether a
479-suspension or confiscation is warranted and for applying
480-for reinstatement of riding privileges, including the time
481-and location of any hearing.
482-The process to determine whether a suspension or riding
483-privileges or confiscation of fare media is warranted and the
484-length of the suspension shall be concluded within 30 business
485-days after the individual receives notice of the suspension or
486-confiscation.
487-Notwithstanding any other provision of this Section, no
488-person shall be denied the ability to contest or appeal a
489-suspension of riding privileges or confiscation of fare media,
490-or to attend a hearing to determine whether a suspension or
491-confiscation was warranted, because the person was detained in
492-a jail.
493-(d) Each Service Board shall create an administrative
494-suspension hearing process as follows:
495-(1) A Service Board shall designate an official to
496-oversee the administrative process to decide whether a
497-suspension is warranted and the length of the suspension.
498-(2) The accused and related parties, including legal
499-counsel, may attend this hearing in person, by telephone,
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501240
502-or virtually.
503-(3) The Service Board shall present the
504-suspension-related evidence and outline the evidence that
505-supports the need for the suspension.
506-(4) The accused or the accused's legal counsel can
507-present and may make an oral or written presentation and
508-offer documents, including affidavits, in response to the
509-Service Board's evidence.
510-(5) The Service Board's designated official shall make
511-a finding on the suspension.
512-(6) The value of unexpended credit or unexpired passes
513-shall be reimbursed upon suspension of riding privileges
514-or confiscation of fare media.
515-(7) The alleged victims of the violation and related
516-parties, including witnesses who were present, may attend
517-this hearing in person, by telephone, or virtually.
518-(8) The alleged victims of the violation and related
519-parties, including witnesses who were present, can present
520-and may make an oral or written presentation and offer
521-documents, including affidavits, in response to the
522-Service Board's evidence.
523-(e) Each Service Board shall create a process to appeal
524-and reinstate ridership privileges. This information shall be
525-provided to the suspended rider at the time of the Service
526-Board's findings. A suspended rider is entitled to 2 appeals
527-after the Service Board's finding to suspend the person's
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530-ridership. A suspended rider may petition the Service Board to
531-reinstate the person's ridership privileges one calendar year
532-after the Service Board's suspension finding if the length of
533-the suspension is more than one year.
534-(f) Each Service Board shall collect, report, and make
535-publicly available in a quarterly timeframe the number and
536-demographic information of people subject to suspension of
537-riding privileges or confiscation of fare media, the conduct
538-leading to the suspension or confiscation, as well as the
539-location and description of the location where the conduct
540-occurred, such as identifying the transit station or transit
541-line, date, and time of day, a citation to the statutory
542-authority for which the accused person was arrested or
543-charged, the amount, if any, on the fare media, and the length
544-of the suspension.
545-(70 ILCS 3615/2.41 new)
546-Sec. 2.41. Domestic Violence and Sexual Assault Regional
547-Transit Authority Public Transportation Assistance Program.
548-(a) No later than 90 days after the effective date of this
549-amendatory Act of the 103rd General Assembly, the Authority
550-shall create the Domestic Violence and Sexual Assault Regional
551-Transit Authority Public Transportation Assistance Program to
552-serve residents of the Authority.
553-Through this Program, the Authority shall issue monetarily
554-preloaded mass transit cards to The Network: Advocating
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247+1 authorized by the Bond Authorization Act, as amended at
248+2 the time of the making of the contract of sale, payable
249+3 semi-annually, computed to maturity according to the
250+4 standard table of bond values.
251+5 The ordinance shall fix the amount of revenue bonds
252+6 proposed to be issued, the maturity or maturities, the
253+7 interest rate, which shall not exceed the maximum rate
254+8 authorized by the Bond Authorization Act, as amended at
255+9 the time of the making of the contract of sale, and all the
256+10 details in connection with the bonds. The ordinance may
257+11 contain such covenants and restrictions upon the issuance
258+12 of additional revenue bonds thereafter, which will share
259+13 equally in the revenue of the District, as may be deemed
260+14 necessary or advisable for the assurance of the payment of
261+15 the bonds first issued. Any District may also provide in
262+16 the ordinance authorizing the issuance of bonds under this
263+17 Section that the bonds, or such ones thereof as may be
264+18 specified, shall, to the extent and in the manner
265+19 prescribed, be subordinated and be junior in standing,
266+20 with respect to the payment of principal and interest and
267+21 the security thereof, to such other bonds as are
268+22 designated in the ordinance.
269+23 The ordinance shall pledge the revenue derived from
270+24 the operations of the District for the purpose of paying
271+25 the cost of operation and maintenance of the District,
272+26 and, as applicable, providing adequate depreciation funds,
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556274
557-Against Domestic Violence for survivor and victim use of
558-public transportation through Chicago Transit Authority, the
559-Suburban Bus Division, and the Commuter Rail Division.
560-The Authority shall coordinate with The Network:
561-Advocating Against Domestic Violence to issue no less than
562-25,000 monetarily preloaded mass transit cards with a value of
563-$20 per card for distribution to domestic violence and sexual
564-assault service providers throughout the Authority's
565-jurisdiction, including the counties of Cook, Kane, DuPage,
566-Will, Lake, and McHenry.
567-The mass transit card shall be plastic or laminated and
568-wallet-sized, contain no information that would reference
569-domestic violence or sexual assault services, and have no
570-expiration date. The cards shall also be available
571-electronically and shall be distributed to domestic violence
572-and sexual assault direct service providers to distribute to
573-survivors.
574-The total number of mass transit cards shall be
575-distributed to domestic violence and sexual assault service
576-providers throughout the Authority's region based on the
577-average number of clients served in 2021 and 2022 in
578-comparison to the total number of mass transit cards granted
579-by the Authority.
580-(b) The creation of the Program shall include an
581-appointment of a domestic violence or sexual assault program
582-service provider or a representative of the service provider's
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584276
585-choosing to the Authority's Citizen Advisory Board.
586-The Network: Advocating Against Domestic Violence shall
587-provide an annual report of the program, including a list of
588-service providers receiving the mass transit cards, the total
589-number of cards received by each service provider, and an
590-estimated number of survivors and victims of domestic violence
591-and sexual assault participating in the program. The report
592-shall also include survivor testimonies of the program and
593-shall include program provided recommendations on improving
594-implementation of the Program. The report shall be provided to
595-the Regional Transit Authority one calendar year after the
596-creation of the Program.
597-In partnership with The Network: Advocating Against
598-Domestic Violence, the Authority shall report this information
599-to the Board and the Citizen Advisory Board and compile an
600-annual report of the Program to the General Assembly and to
601-domestic violence and sexual assault service providers in the
602-service providers' jurisdiction and include recommendations
603-for improving implementation of the Program.
604-(70 ILCS 3615/2.42 new)
605-Sec. 2.42. Youth and young adults internships and
606-employment. By January 1, 2024, the Suburban Bus Board and the
607-Commuter Rail Board shall create or partner with a youth jobs
608-program to provide internship or employment opportunities to
609-youth and young adults.
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612-(70 ILCS 3615/3.12 new)
613-Sec. 3.12. Reduced or free transit fare study.
614-(a) By July 1, 2024, the Authority shall conduct a study
615-and submit a report to the Governor and General Assembly
616-regarding free and reduced fares and the development of a more
617-equitable fare structure for the regional transit system. The
618-study shall include:
619-(1) The impact and feasibility of providing year-round
620-reduced or free transit fares, including, but not limited
621-to, veterans, returning residents, students and youths,
622-people experiencing low-incomes, and other riders who are
623-not currently receiving free or reduced fares.
624-(2) A review of all reduced fare programs administered
625-by the Authority and the service boards, which includes
626-information on accounting of the total cost of the
627-program, costs to increase the program, current sources of
628-funding for the program, and recommendations to increase
629-enrollment in current reduced fare and free-ride programs
630-and any other recommendations for improvements to the
631-programs.
632-(3) Analysis of how reduced and free ride programs and
633-changes in eligibility and funding for these programs
634-would affect the regional transit operating budget.
635-(b) In this Section, "returning resident" means any United
636-States resident who is 17 years of age or older and has been in
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283+1 and paying the principal of and interest on the bonds of
284+2 the District issued under this Section;
285+3 (10) subject to Section 5.1, to levy a tax on property
286+4 within the District at the rate of not to exceed .25% on
287+5 the assessed value of such property in the manner provided
288+6 in the Illinois Municipal Budget Law;
289+7 (11) to issue tax anticipation warrants;
290+8 (12) to contract with any school district in this
291+9 State to provide for the transportation of pupils to and
292+10 from school within such district pursuant to the
293+11 provisions of Section 29-15 of the School Code;
294+12 (13) to provide for the insurance of any property,
295+13 directors, officers, employees or operations of the
296+14 District against any risk or hazard, and to self-insure or
297+15 participate in joint self-insurance pools or entities to
298+16 insure against such risk or hazard;
299+17 (14) to use its established funds, personnel, and
300+18 other resources to acquire, construct, operate, and
301+19 maintain bikeways and trails. Districts may cooperate with
302+20 other governmental and private agencies in bikeway and
303+21 trail programs; and
304+22 (15) to acquire, own, maintain, construct,
305+23 reconstruct, improve, repair, operate or lease any
306+24 light-rail public transportation system, terminal,
307+25 terminal facility, public airport, or bridge or toll
308+26 bridge across waters with any city, state, or both.
637309
638310
639-and left the physical custody of the Department of Corrections
640-within the last 36 months.
641-(70 ILCS 3615/3A.09) (from Ch. 111 2/3, par. 703A.09)
642-Sec. 3A.09. General powers. In addition to any powers
643-elsewhere provided to the Suburban Bus Board, it shall have
644-all of the powers specified in Section 2.20 of this Act except
645-for the powers specified in Section 2.20(a)(v). The Board
646-shall also have the power:
647-(a) to cooperate with the Regional Transportation
648-Authority in the exercise by the Regional Transportation
649-Authority of all the powers granted it by such Act;
650-(b) to receive funds from the Regional Transportation
651-Authority pursuant to Sections 2.02, 4.01, 4.02, 4.09 and
652-4.10 of the Regional Transportation Authority Act, all as
653-provided in the Regional Transportation Authority Act;
654-(c) to receive financial grants from the Regional
655-Transportation Authority or a Service Board, as defined in
656-the Regional Transportation Authority Act, upon such terms
657-and conditions as shall be set forth in a grant contract
658-between either the Division and the Regional
659-Transportation Authority or the Division and another
660-Service Board, which contract or agreement may be for such
661-number of years or duration as the parties agree, all as
662-provided in the Regional Transportation Authority Act;
663311
664312
665-(d) to perform all functions necessary for the
666-provision of paratransit services under Section 2.30 of
667-this Act; and
668-(e) to borrow money for the purposes of: (i)
669-constructing a new garage in the northwestern Cook County
670-suburbs, (ii) converting the South Cook garage in Markham
671-to a Compressed Natural Gas facility, (iii) constructing a
672-new paratransit garage in DuPage County, (iv) expanding
673-the North Shore garage in Evanston to accommodate
674-additional indoor bus parking, and (v) purchasing new
675-transit buses. For the purpose of evidencing the
676-obligation of the Suburban Bus Board to repay any money
677-borrowed as provided in this subsection, the Suburban Bus
678-Board may issue revenue bonds from time to time pursuant
679-to ordinance adopted by the Suburban Bus Board, subject to
680-the approval of the Regional Transportation Authority of
681-each such issuance by the affirmative vote of 12 of its
682-then Directors; provided that the Suburban Bus Board may
683-not issue bonds for the purpose of financing the
684-acquisition, construction, or improvement of any facility
685-other than those listed in this subsection (e). All such
686-bonds shall be payable solely from the revenues or income
687-or any other funds that the Suburban Bus Board may
688-receive, provided that the Suburban Bus Board may not
689-pledge as security for such bonds the moneys, if any, that
690-the Suburban Bus Board receives from the Regional
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693-Transportation Authority pursuant to Section 4.03.3(f) of
694-the Regional Transportation Authority Act. The bonds shall
695-bear interest at a rate not to exceed the maximum rate
696-authorized by the Bond Authorization Act and shall mature
697-at such time or times not exceeding 25 years from their
698-respective dates. Bonds issued pursuant to this paragraph
699-must be issued with scheduled principal or mandatory
700-redemption payments in equal amounts in each fiscal year
701-over the term of the bonds, with the first principal or
702-mandatory redemption payment scheduled within the fiscal
703-year in which bonds are issued or within the next
704-succeeding fiscal year. At least 25%, based on total
705-principal amount, of all bonds authorized pursuant to this
706-Section shall be sold pursuant to notice of sale and
707-public bid. No more than 75%, based on total principal
708-amount, of all bonds authorized pursuant to this Section
709-shall be sold by negotiated sale. The maximum principal
710-amount of the bonds that may be issued may not exceed
711-$100,000,000. The bonds shall have all the qualities of
712-negotiable instruments under the laws of this State. To
713-secure the payment of any or all of such bonds and for the
714-purpose of setting forth the covenants and undertakings of
715-the Suburban Bus Board in connection with the issuance
716-thereof and the issuance of any additional bonds payable
717-from such revenue or income as well as the use and
718-application of the revenue or income received by the
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319+1 With respect to instruments for the payment of money
320+2 issued under this Section either before, on, or after June 6,
321+3 1989 (the effective date of Public Act 86-4), it is and always
322+4 has been the intention of the General Assembly (i) that the
323+5 Omnibus Bond Acts are and always have been supplementary
324+6 grants of power to issue instruments in accordance with the
325+7 Omnibus Bond Acts, regardless of any provision of this Act
326+8 that may appear to be or to have been more restrictive than
327+9 those Acts, (ii) that the provisions of this Section are not a
328+10 limitation on the supplementary authority granted by the
329+11 Omnibus Bond Acts, and (iii) that instruments issued under
330+12 this Section within the supplementary authority granted by the
331+13 Omnibus Bond Acts are not invalid because of any provision of
332+14 this Act that may appear to be or to have been more restrictive
333+15 than those Acts.
334+16 This Section shall be liberally construed to give effect
335+17 to its purposes.
336+18 (Source: P.A. 99-642, eff. 7-28-16.)
337+19 (70 ILCS 3610/5.6 new)
338+20 Sec. 5.6. Suspension of riding privileges and confiscation
339+21 of fare media.
340+22 (a) As used in this Section, "demographic information"
341+23 includes, but is not limited to, age, race, ethnicity, gender,
342+24 and housing status, as that term is defined under Section 10 of
343+25 the Bill of Rights for the Homeless Act.
719344
720345
721-Suburban Bus Board, the Suburban Bus Board may execute and
722-deliver a trust agreement or agreements; provided that no
723-lien upon any physical property of the Suburban Bus Board
724-shall be created thereby. A remedy for any breach or
725-default of the terms of any such trust agreement by the
726-Suburban Bus Board may be by mandamus proceedings in any
727-court of competent jurisdiction to compel performance and
728-compliance therewith, but the trust agreement may
729-prescribe by whom or on whose behalf such action may be
730-instituted. Under no circumstances shall any bonds issued
731-by the Suburban Bus Board or any other obligation of the
732-Suburban Bus Board in connection with the issuance of such
733-bonds be or become an indebtedness or obligation of the
734-State of Illinois, the Regional Transportation Authority,
735-or any other political subdivision of or municipality
736-within the State, nor shall any such bonds or obligations
737-be or become an indebtedness of the Suburban Bus Board
738-within the purview of any constitutional limitation or
739-provision, and it shall be plainly stated on the face of
740-each bond that it does not constitute such an indebtedness
741-or obligation but is payable solely from the revenues or
742-income as aforesaid; and .
743-(f) to adopt ordinances and make all rules and
744-regulations proper or necessary to regulate the use,
745-operation, and maintenance of its property and facilities
746-and to carry into effect the powers granted to the
747346
748347
749-Suburban Bus Board, with any necessary fines or penalties,
750-such as the suspension of riding privileges or
751-confiscation of fare media under Section 2.40, as the
752-Board deems proper.
753-(Source: P.A. 99-665, eff. 7-29-16.)
754-(70 ILCS 3615/3B.09c new)
755-Sec. 3B.09c. Regulation of the use, operation, and
756-maintenance of property. The Chief of Police of the Metra
757-Police Department may make rules and regulations proper or
758-necessary to regulate the use, operation, and maintenance of
759-the property and facilities of the Commuter Rail Board and to
760-carry into effect the powers granted to the Chief by the
761-Commuter Rail Board, with any necessary fines or penalties,
762-such as the suspension of riding privileges or confiscation of
763-fare media under Section 2.40, that the Chief deems proper.
764-(70 ILCS 3615/4.01) (from Ch. 111 2/3, par. 704.01)
765-Sec. 4.01. Budget and Program.
766-(a) The Board shall control the finances of the Authority.
767-It shall by ordinance adopted by the affirmative vote of at
768-least 12 of its then Directors (i) appropriate money to
769-perform the Authority's purposes and provide for payment of
770-debts and expenses of the Authority, (ii) take action with
771-respect to the budget and two-year financial plan of each
772-Service Board, as provided in Section 4.11, and (iii) adopt an
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775-Annual Budget and Two-Year Financial Plan for the Authority
776-that includes the annual budget and two-year financial plan of
777-each Service Board that has been approved by the Authority.
778-The Annual Budget and Two-Year Financial Plan shall contain a
779-statement of the funds estimated to be on hand for the
780-Authority and each Service Board at the beginning of the
781-fiscal year, the funds estimated to be received from all
782-sources for such year, the estimated expenses and obligations
783-of the Authority and each Service Board for all purposes,
784-including expenses for contributions to be made with respect
785-to pension and other employee benefits, and the funds
786-estimated to be on hand at the end of such year. The fiscal
787-year of the Authority and each Service Board shall begin on
788-January 1st and end on the succeeding December 31st. By July
789-1st of each year the Director of the Illinois Governor's
790-Office of Management and Budget (formerly Bureau of the
791-Budget) shall submit to the Authority an estimate of revenues
792-for the next fiscal year of the Authority to be collected from
793-the taxes imposed by the Authority and the amounts to be
794-available in the Public Transportation Fund and the Regional
795-Transportation Authority Occupation and Use Tax Replacement
796-Fund and the amounts otherwise to be appropriated by the State
797-to the Authority for its purposes. The Authority shall file a
798-copy of its Annual Budget and Two-Year Financial Plan with the
799-General Assembly and the Governor after its adoption. Before
800-the proposed Annual Budget and Two-Year Financial Plan is
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354+1 (b) Suspension of riding privileges and confiscation of
355+2 fare media are limited to:
356+3 (1) violations where the person's conduct places
357+4 transit employees or transit passengers in reasonable
358+5 apprehension of a threat to their safety or the safety of
359+6 others, including assault and battery, as those terms are
360+7 defined under Sections 12-1 and 12-3 of the Criminal Code
361+8 of 2012;
362+9 (2) violations where the person's conduct places
363+10 transit employees or transit passengers in reasonable
364+11 apprehension of a threat of a criminal sexual assault, as
365+12 that term is defined under Section 11-1.20 of the Criminal
366+13 Code of 2012; and
367+14 (3) violations involving an act of public indecency,
368+15 as that term is defined in Section 11-30 of the Criminal
369+16 Code of 2012.
370+17 (c) Written notice shall be provided to an individual
371+18 regarding the suspension of the individual's riding privileges
372+19 or confiscation of fare media. The notice shall be provided in
373+20 person at the time of the alleged violation, except that, if
374+21 providing notice in person at the time of the alleged
375+22 violation is not practicable, then the Authority shall make a
376+23 reasonable effort to provide notice to the individual by
377+24 either personal service, by mailing a copy of the notice by
378+25 certified mail, return receipt requested, and first-class mail
379+26 to the person's current address, or by emailing a copy of the
801380
802381
803-adopted, the Authority shall hold at least one public hearing
804-thereon in the metropolitan region, and shall meet with the
805-county board or its designee of each of the several counties in
806-the metropolitan region. After conducting such hearings and
807-holding such meetings and after making such changes in the
808-proposed Annual Budget and Two-Year Financial Plan as the
809-Board deems appropriate, the Board shall adopt its annual
810-appropriation and Annual Budget and Two-Year Financial Plan
811-ordinance. The ordinance may be adopted only upon the
812-affirmative votes of 12 of its then Directors. The ordinance
813-shall appropriate such sums of money as are deemed necessary
814-to defray all necessary expenses and obligations of the
815-Authority, specifying purposes and the objects or programs for
816-which appropriations are made and the amount appropriated for
817-each object or program. Additional appropriations, transfers
818-between items and other changes in such ordinance may be made
819-from time to time by the Board upon the affirmative votes of 12
820-of its then Directors.
821-(b) The Annual Budget and Two-Year Financial Plan shall
822-show a balance between anticipated revenues from all sources
823-and anticipated expenses including funding of operating
824-deficits or the discharge of encumbrances incurred in prior
825-periods and payment of principal and interest when due, and
826-shall show cash balances sufficient to pay with reasonable
827-promptness all obligations and expenses as incurred.
828-The Annual Budget and Two-Year Financial Plan must show:
829382
830383
831-(i) that the level of fares and charges for mass
832-transportation provided by, or under grant or purchase of
833-service contracts of, the Service Boards is sufficient to
834-cause the aggregate of all projected fare revenues from
835-such fares and charges received in each fiscal year to
836-equal at least 50% of the aggregate costs of providing
837-such public transportation in such fiscal year. However,
838-due to the fiscal impacts of the COVID-19 pandemic, the
839-aggregate of all projected fare revenues from such fares
840-and charges received in fiscal years 2021, 2022, and 2023,
841-2024, and 2025 may be less than 50% of the aggregate costs
842-of providing such public transportation in those fiscal
843-years. "Fare revenues" include the proceeds of all fares
844-and charges for services provided, contributions received
845-in connection with public transportation from units of
846-local government other than the Authority, except for
847-contributions received by the Chicago Transit Authority
848-from a real estate transfer tax imposed under subsection
849-(i) of Section 8-3-19 of the Illinois Municipal Code, and
850-from the State pursuant to subsection (i) of Section
851-2705-305 of the Department of Transportation Law (20 ILCS
852-2705/2705-305), and all other operating revenues properly
853-included consistent with generally accepted accounting
854-principles but do not include: the proceeds of any
855-borrowings, and, beginning with the 2007 fiscal year, all
856-revenues and receipts, including but not limited to fares
384+
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857386
858387
859-and grants received from the federal, State or any unit of
860-local government or other entity, derived from providing
861-ADA paratransit service pursuant to Section 2.30 of the
862-Regional Transportation Authority Act. "Costs" include all
863-items properly included as operating costs consistent with
864-generally accepted accounting principles, including
865-administrative costs, but do not include: depreciation;
866-payment of principal and interest on bonds, notes or other
867-evidences of obligation for borrowed money issued by the
868-Authority; payments with respect to public transportation
869-facilities made pursuant to subsection (b) of Section 2.20
870-of this Act; any payments with respect to rate protection
871-contracts, credit enhancements or liquidity agreements
872-made under Section 4.14; any other cost to which it is
873-reasonably expected that a cash expenditure will not be
874-made; costs for passenger security including grants,
875-contracts, personnel, equipment and administrative
876-expenses, except in the case of the Chicago Transit
877-Authority, in which case the term does not include costs
878-spent annually by that entity for protection against crime
879-as required by Section 27a of the Metropolitan Transit
880-Authority Act; the payment by the Chicago Transit
881-Authority of Debt Service, as defined in Section 12c of
882-the Metropolitan Transit Authority Act, on bonds or notes
883-issued pursuant to that Section; the payment by the
884-Commuter Rail Division of debt service on bonds issued
388+HB1342 Enrolled- 12 -LRB103 24929 AWJ 51263 b HB1342 Enrolled - 12 - LRB103 24929 AWJ 51263 b
389+ HB1342 Enrolled - 12 - LRB103 24929 AWJ 51263 b
390+1 notice to an email address on file, if available. If the person
391+2 is known to be detained in jail, service shall be made as
392+3 provided under Section 2-203.2 of the Code of Civil Procedure.
393+4 The written notice shall be sufficient to inform the
394+5 individual about the following:
395+6 (1) the nature of the suspension of riding privileges
396+7 or confiscation of fare media;
397+8 (2) the person's rights and available remedies to
398+9 contest or appeal the suspension of riding privileges or
399+10 confiscation of fare media and to apply for reinstatement
400+11 of riding privileges; and
401+12 (3) the procedures for adjudicating whether a
402+13 suspension or confiscation is warranted and for applying
403+14 for reinstatement of riding privileges, including the time
404+15 and location of any hearing.
405+16 The process to determine whether a suspension or riding
406+17 privileges or confiscation of fare media is warranted and the
407+18 length of the suspension shall be concluded within 30 business
408+19 days after the individual receives notice of the suspension or
409+20 confiscation.
410+21 Notwithstanding any other provision of this Section, no
411+22 person shall be denied the ability to contest or appeal a
412+23 suspension of riding privileges or confiscation of fare media,
413+24 or to attend a hearing to determine whether a suspension or
414+25 confiscation was warranted, because the person was detained in
415+26 a jail.
885416
886417
887-pursuant to Section 3B.09; expenses incurred by the
888-Suburban Bus Division for the cost of new public
889-transportation services funded from grants pursuant to
890-Section 2.01e of this amendatory Act of the 95th General
891-Assembly for a period of 2 years from the date of
892-initiation of each such service; costs as exempted by the
893-Board for projects pursuant to Section 2.09 of this Act;
894-or, beginning with the 2007 fiscal year, expenses related
895-to providing ADA paratransit service pursuant to Section
896-2.30 of the Regional Transportation Authority Act; and in
897-fiscal years 2008 through 2012 inclusive, costs in the
898-amount of $200,000,000 in fiscal year 2008, reducing by
899-$40,000,000 in each fiscal year thereafter until this
900-exemption is eliminated; and
901-(ii) that the level of fares charged for ADA
902-paratransit services is sufficient to cause the aggregate
903-of all projected revenues from such fares charged and
904-received in each fiscal year to equal at least 10% of the
905-aggregate costs of providing such ADA paratransit
906-services. However, due to the fiscal impacts of the
907-COVID-19 pandemic, the aggregate of all projected fare
908-revenues from such fares and charges received in fiscal
909-years 2021, 2022, and 2023, 2024, and 2025 may be less than
910-10% of the aggregate costs of providing such ADA
911-paratransit services in those fiscal years. For purposes
912-of this Act, the percentages in this subsection (b)(ii)
913418
914419
915-shall be referred to as the "system generated ADA
916-paratransit services revenue recovery ratio". For purposes
917-of the system generated ADA paratransit services revenue
918-recovery ratio, "costs" shall include all items properly
919-included as operating costs consistent with generally
920-accepted accounting principles. However, the Board may
921-exclude from costs an amount that does not exceed the
922-allowable "capital costs of contracting" for ADA
923-paratransit services pursuant to the Federal Transit
924-Administration guidelines for the Urbanized Area Formula
925-Program.
926-The Authority shall file a statement certifying that the
927-Service Boards published the data described in subsection
928-(b-5) with the General Assembly and the Governor after
929-adoption of the Annual Budget and Two-Year Financial Plan
930-required by subsection (a). If the Authority fails to file a
931-statement certifying publication of the data, then the
932-appropriations to the Department of Transportation for grants
933-to the Authority intended to reimburse the Service Boards for
934-providing free and reduced fares shall be withheld.
935-(b-5) For fiscal years 2024 and 2025, the Service Boards
936-must publish a monthly comprehensive set of data regarding
937-transit service and safety. The data included shall include
938-information to track operations including:
939-(1) staffing levels, including numbers of budgeted
940-positions, current positions employed, hired staff,
420+
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941422
942423
943-attrition, staff in training, and absenteeism rates;
944-(2) scheduled service and delivered service, including
945-percentage of scheduled service delivered by day, service
946-by mode of transportation, service by route and rail line,
947-total number of revenue miles driven, excess wait times by
948-day, by mode of transportation, by bus route, and by stop;
949-and
950-(3) safety on the system, including the number of
951-incidents of crime and code of conduct violations on
952-system, any performance measures used to evaluate the
953-effectiveness of investments in private security, safety
954-equipment, and other security investments in the system.
955-If no performance measures exist to evaluate the
956-effectiveness of these safety investments, the Service
957-Boards and Authority shall develop and publish these
958-performance measures.
959-The Authority and Service Boards shall solicit input and
960-ideas on publishing data on the service reliability,
961-operations, and safety of the system from the public and
962-groups representing transit riders, workers, and businesses.
963-(c) The actual administrative expenses of the Authority
964-for the fiscal year commencing January 1, 1985 may not exceed
965-$5,000,000. The actual administrative expenses of the
966-Authority for the fiscal year commencing January 1, 1986, and
967-for each fiscal year thereafter shall not exceed the maximum
968-administrative expenses for the previous fiscal year plus 5%.
424+HB1342 Enrolled- 13 -LRB103 24929 AWJ 51263 b HB1342 Enrolled - 13 - LRB103 24929 AWJ 51263 b
425+ HB1342 Enrolled - 13 - LRB103 24929 AWJ 51263 b
426+1 (d) Each Board shall create an administrative suspension
427+2 hearing process as follows:
428+3 (1) A Board shall designate an official to oversee the
429+4 administrative process to decide whether a suspension is
430+5 warranted and the length of the suspension.
431+6 (2) The accused and related parties, including legal
432+7 counsel, may attend this hearing in person, by telephone,
433+8 or virtually.
434+9 (3) The Board shall present the suspension-related
435+10 evidence and outline the evidence that supports the need
436+11 for the suspension.
437+12 (4) The accused or the accused's legal counsel can
438+13 present and may make an oral or written presentation and
439+14 offer documents, including affidavits, in response to the
440+15 Board's evidence.
441+16 (5) The Board's designated official shall make a
442+17 finding on the suspension.
443+18 (6) The value of unexpended credit or unexpired passes
444+19 shall be reimbursed upon suspension of riding privileges
445+20 or confiscation of fare media.
446+21 (7) The alleged victims of the violation and related
447+22 parties, including witnesses who were present, may attend
448+23 this hearing in person, by telephone, or virtually.
449+24 (8) The alleged victims of the violation and related
450+25 parties, including witnesses who were present, can present
451+26 and may make an oral or written presentation and offer
969452
970453
971-"Administrative expenses" are defined for purposes of this
972-Section as all expenses except: (1) capital expenses and
973-purchases of the Authority on behalf of the Service Boards;
974-(2) payments to Service Boards; and (3) payment of principal
975-and interest on bonds, notes or other evidence of obligation
976-for borrowed money issued by the Authority; (4) costs for
977-passenger security including grants, contracts, personnel,
978-equipment and administrative expenses; (5) payments with
979-respect to public transportation facilities made pursuant to
980-subsection (b) of Section 2.20 of this Act; and (6) any
981-payments with respect to rate protection contracts, credit
982-enhancements or liquidity agreements made pursuant to Section
983-4.14.
984-(d) This subsection applies only until the Department
985-begins administering and enforcing an increased tax under
986-Section 4.03(m) as authorized by this amendatory Act of the
987-95th General Assembly. After withholding 15% of the proceeds
988-of any tax imposed by the Authority and 15% of money received
989-by the Authority from the Regional Transportation Authority
990-Occupation and Use Tax Replacement Fund, the Board shall
991-allocate the proceeds and money remaining to the Service
992-Boards as follows: (1) an amount equal to 85% of the proceeds
993-of those taxes collected within the City of Chicago and 85% of
994-the money received by the Authority on account of transfers to
995-the Regional Transportation Authority Occupation and Use Tax
996-Replacement Fund from the County and Mass Transit District
997454
998455
999-Fund attributable to retail sales within the City of Chicago
1000-shall be allocated to the Chicago Transit Authority; (2) an
1001-amount equal to 85% of the proceeds of those taxes collected
1002-within Cook County outside the City of Chicago and 85% of the
1003-money received by the Authority on account of transfers to the
1004-Regional Transportation Authority Occupation and Use Tax
1005-Replacement Fund from the County and Mass Transit District
1006-Fund attributable to retail sales within Cook County outside
1007-of the city of Chicago shall be allocated 30% to the Chicago
1008-Transit Authority, 55% to the Commuter Rail Board and 15% to
1009-the Suburban Bus Board; and (3) an amount equal to 85% of the
1010-proceeds of the taxes collected within the Counties of DuPage,
1011-Kane, Lake, McHenry and Will shall be allocated 70% to the
1012-Commuter Rail Board and 30% to the Suburban Bus Board.
1013-(e) This subsection applies only until the Department
1014-begins administering and enforcing an increased tax under
1015-Section 4.03(m) as authorized by this amendatory Act of the
1016-95th General Assembly. Moneys received by the Authority on
1017-account of transfers to the Regional Transportation Authority
1018-Occupation and Use Tax Replacement Fund from the State and
1019-Local Sales Tax Reform Fund shall be allocated among the
1020-Authority and the Service Boards as follows: 15% of such
1021-moneys shall be retained by the Authority and the remaining
1022-85% shall be transferred to the Service Boards as soon as may
1023-be practicable after the Authority receives payment. Moneys
1024-which are distributable to the Service Boards pursuant to the
456+
457+ HB1342 Enrolled - 13 - LRB103 24929 AWJ 51263 b
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1026459
1027-preceding sentence shall be allocated among the Service Boards
1028-on the basis of each Service Board's distribution ratio. The
1029-term "distribution ratio" means, for purposes of this
1030-subsection (e) of this Section 4.01, the ratio of the total
1031-amount distributed to a Service Board pursuant to subsection
1032-(d) of Section 4.01 for the immediately preceding calendar
1033-year to the total amount distributed to all of the Service
1034-Boards pursuant to subsection (d) of Section 4.01 for the
1035-immediately preceding calendar year.
1036-(f) To carry out its duties and responsibilities under
1037-this Act, the Board shall employ staff which shall: (1)
1038-propose for adoption by the Board of the Authority rules for
1039-the Service Boards that establish (i) forms and schedules to
1040-be used and information required to be provided with respect
1041-to a five-year capital program, annual budgets, and two-year
1042-financial plans and regular reporting of actual results
1043-against adopted budgets and financial plans, (ii) financial
1044-practices to be followed in the budgeting and expenditure of
1045-public funds, (iii) assumptions and projections that must be
1046-followed in preparing and submitting its annual budget and
1047-two-year financial plan or a five-year capital program; (2)
1048-evaluate for the Board public transportation programs operated
1049-or proposed by the Service Boards and transportation agencies
1050-in terms of the goals and objectives set out in the Strategic
1051-Plan; (3) keep the Board and the public informed of the extent
1052-to which the Service Boards and transportation agencies are
460+HB1342 Enrolled- 14 -LRB103 24929 AWJ 51263 b HB1342 Enrolled - 14 - LRB103 24929 AWJ 51263 b
461+ HB1342 Enrolled - 14 - LRB103 24929 AWJ 51263 b
462+1 documents, including affidavits, in response to the
463+2 Board's evidence.
464+3 (e) Each Board shall create a process to appeal and
465+4 reinstate ridership privileges. This information shall be
466+5 provided to the suspended rider at the time of the Board's
467+6 findings. A suspended rider is entitled to 2 appeals after the
468+7 Board's finding to suspend the person's ridership. A suspended
469+8 rider may petition the Board to reinstate the person's
470+9 ridership privileges one calendar year after the Board's
471+10 suspension finding if the length of the suspension is more
472+11 than one year.
473+12 (f) Each Board shall collect, report, and make publicly
474+13 available in a quarterly timeframe the number and demographic
475+14 information of people subject to suspension of riding
476+15 privileges or confiscation of fare media, the conduct leading
477+16 to the suspension or confiscation, as well as the location and
478+17 description of the location where the conduct occurred, such
479+18 as identifying the transit station or transit line, date, and
480+19 time of day, a citation to the statutory authority for which
481+20 the accused person was arrested or charged, the amount, if
482+21 any, on the fare media, and the length of the suspension.
483+22 Section 15. The Regional Transportation Authority Act is
484+23 amended by changing Sections 3A.09, 4.01, and 4.09 and by
485+24 adding Sections 2.10a, 2.40, 2.41, 2.42, 3.12, and 3B.09c as
486+25 follows:
1053487
1054488
1055-meeting the goals and objectives adopted by the Authority in
1056-the Strategic Plan; and (4) assess the efficiency or adequacy
1057-of public transportation services provided by a Service Board
1058-and make recommendations for change in that service to the end
1059-that the moneys available to the Authority may be expended in
1060-the most economical manner possible with the least possible
1061-duplication.
1062-(g) All Service Boards, transportation agencies,
1063-comprehensive planning agencies, including the Chicago
1064-Metropolitan Agency for Planning, or transportation planning
1065-agencies in the metropolitan region shall furnish to the
1066-Authority such information pertaining to public transportation
1067-or relevant for plans therefor as it may from time to time
1068-require. The Executive Director, or his or her designee,
1069-shall, for the purpose of securing any such information
1070-necessary or appropriate to carry out any of the powers and
1071-responsibilities of the Authority under this Act, have access
1072-to, and the right to examine, all books, documents, papers or
1073-records of a Service Board or any transportation agency
1074-receiving funds from the Authority or Service Board, and such
1075-Service Board or transportation agency shall comply with any
1076-request by the Executive Director, or his or her designee,
1077-within 30 days or an extended time provided by the Executive
1078-Director.
1079-(h) No Service Board shall undertake any capital
1080-improvement which is not identified in the Five-Year Capital
1081489
1082490
1083-Program.
1084-(i) Each Service Board shall furnish to the Board access
1085-to its financial information including, but not limited to,
1086-audits and reports. The Board shall have real-time access to
1087-the financial information of the Service Boards; however, the
1088-Board shall be granted read-only access to the Service Board's
1089-financial information.
1090-(Source: P.A. 102-678, eff. 12-10-21.)
1091-(70 ILCS 3615/4.09) (from Ch. 111 2/3, par. 704.09)
1092-Sec. 4.09. Public Transportation Fund and the Regional
1093-Transportation Authority Occupation and Use Tax Replacement
1094-Fund.
1095-(a)(1) Except as otherwise provided in paragraph (4), as
1096-soon as possible after the first day of each month, beginning
1097-July 1, 1984, upon certification of the Department of Revenue,
1098-the Comptroller shall order transferred and the Treasurer
1099-shall transfer from the General Revenue Fund to a special fund
1100-in the State Treasury to be known as the Public Transportation
1101-Fund an amount equal to 25% of the net revenue, before the
1102-deduction of the serviceman and retailer discounts pursuant to
1103-Section 9 of the Service Occupation Tax Act and Section 3 of
1104-the Retailers' Occupation Tax Act, realized from any tax
1105-imposed by the Authority pursuant to Sections 4.03 and 4.03.1
1106-and 25% of the amounts deposited into the Regional
1107-Transportation Authority tax fund created by Section 4.03 of
491+
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1109494
1110-this Act, from the County and Mass Transit District Fund as
1111-provided in Section 6z-20 of the State Finance Act and 25% of
1112-the amounts deposited into the Regional Transportation
1113-Authority Occupation and Use Tax Replacement Fund from the
1114-State and Local Sales Tax Reform Fund as provided in Section
1115-6z-17 of the State Finance Act. On the first day of the month
1116-following the date that the Department receives revenues from
1117-increased taxes under Section 4.03(m) as authorized by Public
1118-Act 95-708, in lieu of the transfers authorized in the
1119-preceding sentence, upon certification of the Department of
1120-Revenue, the Comptroller shall order transferred and the
1121-Treasurer shall transfer from the General Revenue Fund to the
1122-Public Transportation Fund an amount equal to 25% of the net
1123-revenue, before the deduction of the serviceman and retailer
1124-discounts pursuant to Section 9 of the Service Occupation Tax
1125-Act and Section 3 of the Retailers' Occupation Tax Act,
1126-realized from (i) 80% of the proceeds of any tax imposed by the
1127-Authority at a rate of 1.25% in Cook County, (ii) 75% of the
1128-proceeds of any tax imposed by the Authority at the rate of 1%
1129-in Cook County, and (iii) one-third of the proceeds of any tax
1130-imposed by the Authority at the rate of 0.75% in the Counties
1131-of DuPage, Kane, Lake, McHenry, and Will, all pursuant to
1132-Section 4.03, and 25% of the net revenue realized from any tax
1133-imposed by the Authority pursuant to Section 4.03.1, and 25%
1134-of the amounts deposited into the Regional Transportation
1135-Authority tax fund created by Section 4.03 of this Act from the
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496+ HB1342 Enrolled - 15 - LRB103 24929 AWJ 51263 b
497+1 (70 ILCS 3615/2.10a new)
498+2 Sec. 2.10a. Zero-emission buses.
499+3 (a) As used in this Section:
500+4 "Zero-emission bus" means a bus that is:
501+5 (1) designed to carry more than 10 passengers and is
502+6 used to carry passengers for compensation.
503+7 (2) a zero-emission vehicle; and
504+8 (3) not a taxi.
505+9 "Zero-emission vehicle" means a fuel cell or electric
506+10 vehicle that:
507+11 (1) is a motor vehicle;
508+12 (2) is made by a commercial manufacturer;
509+13 (3) is manufactured primarily for use on public
510+14 streets, roads, and highways;
511+15 (4) has a maximum speed capability of at least 55
512+16 miles per hour;
513+17 (5) is powered entirely by electricity or powered by
514+18 combining hydrogen and oxygen, which runs the motor;
515+19 (6) has an operating range of at least 100 miles; and
516+20 (7) produces only water vapor and heat as byproducts.
517+21 (b) On or after July 1, 2026, a Service Board may not enter
518+22 into a new contract to purchase a bus that is not a
519+23 zero-emission bus for the purpose of the Service Board's
520+24 transit bus fleet.
521+25 (c) For the purposes of determining compliance with this
1136522
1137523
1138-County and Mass Transit District Fund as provided in Section
1139-6z-20 of the State Finance Act, and 25% of the amounts
1140-deposited into the Regional Transportation Authority
1141-Occupation and Use Tax Replacement Fund from the State and
1142-Local Sales Tax Reform Fund as provided in Section 6z-17 of the
1143-State Finance Act. As used in this Section, net revenue
1144-realized for a month shall be the revenue collected by the
1145-State pursuant to Sections 4.03 and 4.03.1 during the previous
1146-month from within the metropolitan region, less the amount
1147-paid out during that same month as refunds to taxpayers for
1148-overpayment of liability in the metropolitan region under
1149-Sections 4.03 and 4.03.1.
1150-Notwithstanding any provision of law to the contrary,
1151-beginning on July 6, 2017 (the effective date of Public Act
1152-100-23), those amounts required under this paragraph (1) of
1153-subsection (a) to be transferred by the Treasurer into the
1154-Public Transportation Fund from the General Revenue Fund shall
1155-be directly deposited into the Public Transportation Fund as
1156-the revenues are realized from the taxes indicated.
1157-(2) Except as otherwise provided in paragraph (4), on
1158-February 1, 2009 (the first day of the month following the
1159-effective date of Public Act 95-708) and each month
1160-thereafter, upon certification by the Department of Revenue,
1161-the Comptroller shall order transferred and the Treasurer
1162-shall transfer from the General Revenue Fund to the Public
1163-Transportation Fund an amount equal to 5% of the net revenue,
1164524
1165525
1166-before the deduction of the serviceman and retailer discounts
1167-pursuant to Section 9 of the Service Occupation Tax Act and
1168-Section 3 of the Retailers' Occupation Tax Act, realized from
1169-any tax imposed by the Authority pursuant to Sections 4.03 and
1170-4.03.1 and certified by the Department of Revenue under
1171-Section 4.03(n) of this Act to be paid to the Authority and 5%
1172-of the amounts deposited into the Regional Transportation
1173-Authority tax fund created by Section 4.03 of this Act from the
1174-County and Mass Transit District Fund as provided in Section
1175-6z-20 of the State Finance Act, and 5% of the amounts deposited
1176-into the Regional Transportation Authority Occupation and Use
1177-Tax Replacement Fund from the State and Local Sales Tax Reform
1178-Fund as provided in Section 6z-17 of the State Finance Act, and
1179-5% of the revenue realized by the Chicago Transit Authority as
1180-financial assistance from the City of Chicago from the
1181-proceeds of any tax imposed by the City of Chicago under
1182-Section 8-3-19 of the Illinois Municipal Code.
1183-Notwithstanding any provision of law to the contrary,
1184-beginning on July 6, 2017 (the effective date of Public Act
1185-100-23), those amounts required under this paragraph (2) of
1186-subsection (a) to be transferred by the Treasurer into the
1187-Public Transportation Fund from the General Revenue Fund shall
1188-be directly deposited into the Public Transportation Fund as
1189-the revenues are realized from the taxes indicated.
1190-(3) Except as otherwise provided in paragraph (4), as soon
1191-as possible after the first day of January, 2009 and each month
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1194-thereafter, upon certification of the Department of Revenue
1195-with respect to the taxes collected under Section 4.03, the
1196-Comptroller shall order transferred and the Treasurer shall
1197-transfer from the General Revenue Fund to the Public
1198-Transportation Fund an amount equal to 25% of the net revenue,
1199-before the deduction of the serviceman and retailer discounts
1200-pursuant to Section 9 of the Service Occupation Tax Act and
1201-Section 3 of the Retailers' Occupation Tax Act, realized from
1202-(i) 20% of the proceeds of any tax imposed by the Authority at
1203-a rate of 1.25% in Cook County, (ii) 25% of the proceeds of any
1204-tax imposed by the Authority at the rate of 1% in Cook County,
1205-and (iii) one-third of the proceeds of any tax imposed by the
1206-Authority at the rate of 0.75% in the Counties of DuPage, Kane,
1207-Lake, McHenry, and Will, all pursuant to Section 4.03, and the
1208-Comptroller shall order transferred and the Treasurer shall
1209-transfer from the General Revenue Fund to the Public
1210-Transportation Fund (iv) an amount equal to 25% of the revenue
1211-realized by the Chicago Transit Authority as financial
1212-assistance from the City of Chicago from the proceeds of any
1213-tax imposed by the City of Chicago under Section 8-3-19 of the
1214-Illinois Municipal Code.
1215-Notwithstanding any provision of law to the contrary,
1216-beginning on July 6, 2017 (the effective date of Public Act
1217-100-23), those amounts required under this paragraph (3) of
1218-subsection (a) to be transferred by the Treasurer into the
1219-Public Transportation Fund from the General Revenue Fund shall
530+HB1342 Enrolled- 16 -LRB103 24929 AWJ 51263 b HB1342 Enrolled - 16 - LRB103 24929 AWJ 51263 b
531+ HB1342 Enrolled - 16 - LRB103 24929 AWJ 51263 b
532+1 Section, a Service Board shall not be deemed to be in violation
533+2 of this Section when failure to comply is due to:
534+3 (1) the unavailability of zero-emission buses from a
535+4 manufacturer or funding to purchase zero-emission buses;
536+5 (2) the lack of necessary charging, fueling, or
537+6 storage facilities or funding to procure charging,
538+7 fueling, or storage facilities; or
539+8 (3) the inability of a third party to enter into a
540+9 contractual or commercial relationship with a Service
541+10 Board that is necessary to carry out the purposes of this
542+11 Section.
543+12 (70 ILCS 3615/2.40 new)
544+13 Sec. 2.40. Suspension of riding privileges and
545+14 confiscation of fare media.
546+15 (a) As used in this Section, "demographic information"
547+16 includes, but is not limited to, age, race, ethnicity, gender,
548+17 and housing status, as that term is defined under Section 10 of
549+18 the Bill of Rights for the Homeless Act.
550+19 (b) Suspension of riding privileges and confiscation of
551+20 fare media are limited to:
552+21 (1) violations where the person's conduct places
553+22 transit employees or transit passengers in reasonable
554+23 apprehension of a threat to their safety or the safety of
555+24 others, including assault and battery, as those terms are
556+25 defined under Sections 12-1 and 12-3 of the Criminal Code
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1221558
1222-be directly deposited into the Public Transportation Fund as
1223-the revenues are realized from the taxes indicated.
1224-(4) Notwithstanding any provision of law to the contrary,
1225-of the transfers to be made under paragraphs (1), (2), and (3)
1226-of this subsection (a) from the General Revenue Fund to the
1227-Public Transportation Fund, the first $150,000,000 that would
1228-have otherwise been transferred from the General Revenue Fund
1229-shall be transferred from the Road Fund. The remaining balance
1230-of such transfers shall be made from the General Revenue Fund.
1231-(5) (Blank).
1232-(6) (Blank).
1233-(7) For State fiscal year 2020 only, notwithstanding any
1234-provision of law to the contrary, the total amount of revenue
1235-and deposits under this Section attributable to revenues
1236-realized during State fiscal year 2020 shall be reduced by 5%.
1237-(8) For State fiscal year 2021 only, notwithstanding any
1238-provision of law to the contrary, the total amount of revenue
1239-and deposits under this Section attributable to revenues
1240-realized during State fiscal year 2021 shall be reduced by 5%.
1241-(b)(1) All moneys deposited in the Public Transportation
1242-Fund and the Regional Transportation Authority Occupation and
1243-Use Tax Replacement Fund, whether deposited pursuant to this
1244-Section or otherwise, are allocated to the Authority, except
1245-for amounts appropriated to the Office of the Executive
1246-Inspector General as authorized by subsection (h) of Section
1247-4.03.3 and amounts transferred to the Audit Expense Fund
1248559
1249560
1250-pursuant to Section 6z-27 of the State Finance Act. The
1251-Comptroller, as soon as possible after each monthly transfer
1252-provided in this Section and after each deposit into the
1253-Public Transportation Fund, shall order the Treasurer to pay
1254-to the Authority out of the Public Transportation Fund the
1255-amount so transferred or deposited. Any Additional State
1256-Assistance and Additional Financial Assistance paid to the
1257-Authority under this Section shall be expended by the
1258-Authority for its purposes as provided in this Act. The
1259-balance of the amounts paid to the Authority from the Public
1260-Transportation Fund shall be expended by the Authority as
1261-provided in Section 4.03.3. The Comptroller, as soon as
1262-possible after each deposit into the Regional Transportation
1263-Authority Occupation and Use Tax Replacement Fund provided in
1264-this Section and Section 6z-17 of the State Finance Act, shall
1265-order the Treasurer to pay to the Authority out of the Regional
1266-Transportation Authority Occupation and Use Tax Replacement
1267-Fund the amount so deposited. Such amounts paid to the
1268-Authority may be expended by it for its purposes as provided in
1269-this Act. The provisions directing the distributions from the
1270-Public Transportation Fund and the Regional Transportation
1271-Authority Occupation and Use Tax Replacement Fund provided for
1272-in this Section shall constitute an irrevocable and continuing
1273-appropriation of all amounts as provided herein. The State
1274-Treasurer and State Comptroller are hereby authorized and
1275-directed to make distributions as provided in this Section.
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1277564
1278-(2) Provided, however, no moneys deposited under subsection
1279-(a) of this Section shall be paid from the Public
1280-Transportation Fund to the Authority or its assignee for any
1281-fiscal year until the Authority has certified to the Governor,
1282-the Comptroller, and the Mayor of the City of Chicago that it
1283-has adopted for that fiscal year an Annual Budget and Two-Year
1284-Financial Plan meeting the requirements in Section 4.01(b).
1285-(c) In recognition of the efforts of the Authority to
1286-enhance the mass transportation facilities under its control,
1287-the State shall provide financial assistance ("Additional
1288-State Assistance") in excess of the amounts transferred to the
1289-Authority from the General Revenue Fund under subsection (a)
1290-of this Section. Additional State Assistance shall be
1291-calculated as provided in subsection (d), but shall in no
1292-event exceed the following specified amounts with respect to
1293-the following State fiscal years:
1294-1990 $5,000,000; 1991 $5,000,000; 1992 $10,000,000; 1993 $10,000,000; 1994 $20,000,000; 1995 $30,000,000; 1996 $40,000,000; 1997 $50,000,000; 1998 $55,000,000; and each year thereafter $55,000,000. 1990 $5,000,000; 1991 $5,000,000; 1992 $10,000,000; 1993 $10,000,000; 1994 $20,000,000; 1995 $30,000,000; 1996 $40,000,000; 1997 $50,000,000; 1998 $55,000,000; and each year thereafter $55,000,000.
1295-1990 $5,000,000;
1296-1991 $5,000,000;
1297-1992 $10,000,000;
1298-1993 $10,000,000;
1299-1994 $20,000,000;
1300-1995 $30,000,000;
1301-1996 $40,000,000;
1302-1997 $50,000,000;
1303-1998 $55,000,000; and
1304-each year thereafter $55,000,000.
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566+ HB1342 Enrolled - 17 - LRB103 24929 AWJ 51263 b
567+1 of 2012;
568+2 (2) violations where the person's conduct places
569+3 transit employees or transit passengers in reasonable
570+4 apprehension of a threat of a criminal sexual assault, as
571+5 that term is defined under Section 11-1.20 of the Criminal
572+6 Code of 2012; and
573+7 (3) violations involving an act of public indecency,
574+8 as that term is defined in Section 11-30 of the Criminal
575+9 Code of 2012.
576+10 (c) Written notice shall be provided to an individual
577+11 regarding the suspension of the individual's riding privileges
578+12 or confiscation of fare media. The notice shall be provided in
579+13 person at the time of the alleged violation, except that, if
580+14 providing notice in person at the time of the alleged
581+15 violation is not practicable, then the Authority shall make a
582+16 reasonable effort to provide notice to the individual by
583+17 personal service, by mailing a copy of the notice by certified
584+18 mail, return receipt requested, and first-class mail to the
585+19 person's current address, or by emailing a copy of the notice
586+20 to an email address on file, if available. If the person is
587+21 known to be detained in jail, service shall be made as provided
588+22 under Section 2-203.2 of the Code of Civil Procedure. The
589+23 written notice shall be sufficient to inform the individual
590+24 about the following:
591+25 (1) the nature of the suspension of riding privileges
592+26 or confiscation of fare media;
1305593
1306594
1307-1990 $5,000,000;
1308-1991 $5,000,000;
1309-1992 $10,000,000;
1310-1993 $10,000,000;
1311-1994 $20,000,000;
1312-1995 $30,000,000;
1313-1996 $40,000,000;
1314-1997 $50,000,000;
1315-1998 $55,000,000; and
1316-each year thereafter $55,000,000.
1317595
1318596
1319-(c-5) The State shall provide financial assistance
1320-("Additional Financial Assistance") in addition to the
1321-Additional State Assistance provided by subsection (c) and the
1322-amounts transferred to the Authority from the General Revenue
1323-Fund under subsection (a) of this Section. Additional
1324-Financial Assistance provided by this subsection shall be
1325-calculated as provided in subsection (d), but shall in no
1326-event exceed the following specified amounts with respect to
1327-the following State fiscal years:
1328-2000 $0; 2001 $16,000,000; 2002 $35,000,000; 2003 $54,000,000; 2004 $73,000,000; 2005 $93,000,000; and each year thereafter $100,000,000. 2000 $0; 2001 $16,000,000; 2002 $35,000,000; 2003 $54,000,000; 2004 $73,000,000; 2005 $93,000,000; and each year thereafter $100,000,000.
1329-2000 $0;
1330-2001 $16,000,000;
1331-2002 $35,000,000;
1332-2003 $54,000,000;
1333-2004 $73,000,000;
1334-2005 $93,000,000; and
1335-each year thereafter $100,000,000.
1336-(d) Beginning with State fiscal year 1990 and continuing
1337-for each State fiscal year thereafter, the Authority shall
1338-annually certify to the State Comptroller and State Treasurer,
1339-separately with respect to each of subdivisions (g)(2) and
1340-(g)(3) of Section 4.04 of this Act, the following amounts:
1341-(1) The amount necessary and required, during the
1342-State fiscal year with respect to which the certification
1343-is made, to pay its obligations for debt service on all
1344-outstanding bonds or notes issued by the Authority under
1345-subdivisions (g)(2) and (g)(3) of Section 4.04 of this
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1347600
1348-2000 $0;
1349-2001 $16,000,000;
1350-2002 $35,000,000;
1351-2003 $54,000,000;
1352-2004 $73,000,000;
1353-2005 $93,000,000; and
1354-each year thereafter $100,000,000.
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602+ HB1342 Enrolled - 18 - LRB103 24929 AWJ 51263 b
603+1 (2) the person's rights and available remedies to
604+2 contest or appeal the suspension of riding privileges or
605+3 confiscation of fare media and to apply for reinstatement
606+4 of riding privileges; and
607+5 (3) the procedures for adjudicating whether a
608+6 suspension or confiscation is warranted and for applying
609+7 for reinstatement of riding privileges, including the time
610+8 and location of any hearing.
611+9 The process to determine whether a suspension or riding
612+10 privileges or confiscation of fare media is warranted and the
613+11 length of the suspension shall be concluded within 30 business
614+12 days after the individual receives notice of the suspension or
615+13 confiscation.
616+14 Notwithstanding any other provision of this Section, no
617+15 person shall be denied the ability to contest or appeal a
618+16 suspension of riding privileges or confiscation of fare media,
619+17 or to attend a hearing to determine whether a suspension or
620+18 confiscation was warranted, because the person was detained in
621+19 a jail.
622+20 (d) Each Service Board shall create an administrative
623+21 suspension hearing process as follows:
624+22 (1) A Service Board shall designate an official to
625+23 oversee the administrative process to decide whether a
626+24 suspension is warranted and the length of the suspension.
627+25 (2) The accused and related parties, including legal
628+26 counsel, may attend this hearing in person, by telephone,
1355629
1356630
1357-Act.
1358-(2) An estimate of the amount necessary and required
1359-to pay its obligations for debt service for any bonds or
1360-notes which the Authority anticipates it will issue under
1361-subdivisions (g)(2) and (g)(3) of Section 4.04 during that
1362-State fiscal year.
1363-(3) Its debt service savings during the preceding
1364-State fiscal year from refunding or advance refunding of
1365-bonds or notes issued under subdivisions (g)(2) and (g)(3)
1366-of Section 4.04.
1367-(4) The amount of interest, if any, earned by the
1368-Authority during the previous State fiscal year on the
1369-proceeds of bonds or notes issued pursuant to subdivisions
1370-(g)(2) and (g)(3) of Section 4.04, other than refunding or
1371-advance refunding bonds or notes.
1372-The certification shall include a specific schedule of
1373-debt service payments, including the date and amount of each
1374-payment for all outstanding bonds or notes and an estimated
1375-schedule of anticipated debt service for all bonds and notes
1376-it intends to issue, if any, during that State fiscal year,
1377-including the estimated date and estimated amount of each
1378-payment.
1379-Immediately upon the issuance of bonds for which an
1380-estimated schedule of debt service payments was prepared, the
1381-Authority shall file an amended certification with respect to
1382-item (2) above, to specify the actual schedule of debt service
1383631
1384632
1385-payments, including the date and amount of each payment, for
1386-the remainder of the State fiscal year.
1387-On the first day of each month of the State fiscal year in
1388-which there are bonds outstanding with respect to which the
1389-certification is made, the State Comptroller shall order
1390-transferred and the State Treasurer shall transfer from the
1391-Road Fund to the Public Transportation Fund the Additional
1392-State Assistance and Additional Financial Assistance in an
1393-amount equal to the aggregate of (i) one-twelfth of the sum of
1394-the amounts certified under items (1) and (3) above less the
1395-amount certified under item (4) above, plus (ii) the amount
1396-required to pay debt service on bonds and notes issued during
1397-the fiscal year, if any, divided by the number of months
1398-remaining in the fiscal year after the date of issuance, or
1399-some smaller portion as may be necessary under subsection (c)
1400-or (c-5) of this Section for the relevant State fiscal year,
1401-plus (iii) any cumulative deficiencies in transfers for prior
1402-months, until an amount equal to the sum of the amounts
1403-certified under items (1) and (3) above, plus the actual debt
1404-service certified under item (2) above, less the amount
1405-certified under item (4) above, has been transferred; except
1406-that these transfers are subject to the following limits:
1407-(A) In no event shall the total transfers in any State
1408-fiscal year relating to outstanding bonds and notes issued
1409-by the Authority under subdivision (g)(2) of Section 4.04
1410-exceed the lesser of the annual maximum amount specified
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1412636
1413-in subsection (c) or the sum of the amounts certified
1414-under items (1) and (3) above, plus the actual debt
1415-service certified under item (2) above, less the amount
1416-certified under item (4) above, with respect to those
1417-bonds and notes.
1418-(B) In no event shall the total transfers in any State
1419-fiscal year relating to outstanding bonds and notes issued
1420-by the Authority under subdivision (g)(3) of Section 4.04
1421-exceed the lesser of the annual maximum amount specified
1422-in subsection (c-5) or the sum of the amounts certified
1423-under items (1) and (3) above, plus the actual debt
1424-service certified under item (2) above, less the amount
1425-certified under item (4) above, with respect to those
1426-bonds and notes.
1427-The term "outstanding" does not include bonds or notes for
1428-which refunding or advance refunding bonds or notes have been
1429-issued.
1430-(e) Neither Additional State Assistance nor Additional
1431-Financial Assistance may be pledged, either directly or
1432-indirectly as general revenues of the Authority, as security
1433-for any bonds issued by the Authority. The Authority may not
1434-assign its right to receive Additional State Assistance or
1435-Additional Financial Assistance, or direct payment of
1436-Additional State Assistance or Additional Financial
1437-Assistance, to a trustee or any other entity for the payment of
1438-debt service on its bonds.
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638+ HB1342 Enrolled - 19 - LRB103 24929 AWJ 51263 b
639+1 or virtually.
640+2 (3) The Service Board shall present the
641+3 suspension-related evidence and outline the evidence that
642+4 supports the need for the suspension.
643+5 (4) The accused or the accused's legal counsel can
644+6 present and may make an oral or written presentation and
645+7 offer documents, including affidavits, in response to the
646+8 Service Board's evidence.
647+9 (5) The Service Board's designated official shall make
648+10 a finding on the suspension.
649+11 (6) The value of unexpended credit or unexpired passes
650+12 shall be reimbursed upon suspension of riding privileges
651+13 or confiscation of fare media.
652+14 (7) The alleged victims of the violation and related
653+15 parties, including witnesses who were present, may attend
654+16 this hearing in person, by telephone, or virtually.
655+17 (8) The alleged victims of the violation and related
656+18 parties, including witnesses who were present, can present
657+19 and may make an oral or written presentation and offer
658+20 documents, including affidavits, in response to the
659+21 Service Board's evidence.
660+22 (e) Each Service Board shall create a process to appeal
661+23 and reinstate ridership privileges. This information shall be
662+24 provided to the suspended rider at the time of the Service
663+25 Board's findings. A suspended rider is entitled to 2 appeals
664+26 after the Service Board's finding to suspend the person's
1439665
1440666
1441-(f) The certification required under subsection (d) with
1442-respect to outstanding bonds and notes of the Authority shall
1443-be filed as early as practicable before the beginning of the
1444-State fiscal year to which it relates. The certification shall
1445-be revised as may be necessary to accurately state the debt
1446-service requirements of the Authority.
1447-(g) Within 6 months of the end of each fiscal year, the
1448-Authority shall determine:
1449-(i) whether the aggregate of all system generated
1450-revenues for public transportation in the metropolitan
1451-region which is provided by, or under grant or purchase of
1452-service contracts with, the Service Boards equals 50% of
1453-the aggregate of all costs of providing such public
1454-transportation. "System generated revenues" include all
1455-the proceeds of fares and charges for services provided,
1456-contributions received in connection with public
1457-transportation from units of local government other than
1458-the Authority, except for contributions received by the
1459-Chicago Transit Authority from a real estate transfer tax
1460-imposed under subsection (i) of Section 8-3-19 of the
1461-Illinois Municipal Code, and from the State pursuant to
1462-subsection (i) of Section 2705-305 of the Department of
1463-Transportation Law, and all other revenues properly
1464-included consistent with generally accepted accounting
1465-principles but may not include: the proceeds from any
1466-borrowing, and, beginning with the 2007 fiscal year, all
1467667
1468668
1469-revenues and receipts, including but not limited to fares
1470-and grants received from the federal, State or any unit of
1471-local government or other entity, derived from providing
1472-ADA paratransit service pursuant to Section 2.30 of the
1473-Regional Transportation Authority Act. "Costs" include all
1474-items properly included as operating costs consistent with
1475-generally accepted accounting principles, including
1476-administrative costs, but do not include: depreciation;
1477-payment of principal and interest on bonds, notes or other
1478-evidences of obligations for borrowed money of the
1479-Authority; payments with respect to public transportation
1480-facilities made pursuant to subsection (b) of Section
1481-2.20; any payments with respect to rate protection
1482-contracts, credit enhancements or liquidity agreements
1483-made under Section 4.14; any other cost as to which it is
1484-reasonably expected that a cash expenditure will not be
1485-made; costs for passenger security including grants,
1486-contracts, personnel, equipment and administrative
1487-expenses, except in the case of the Chicago Transit
1488-Authority, in which case the term does not include costs
1489-spent annually by that entity for protection against crime
1490-as required by Section 27a of the Metropolitan Transit
1491-Authority Act; the costs of Debt Service paid by the
1492-Chicago Transit Authority, as defined in Section 12c of
1493-the Metropolitan Transit Authority Act, or bonds or notes
1494-issued pursuant to that Section; the payment by the
669+
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1495671
1496672
1497-Commuter Rail Division of debt service on bonds issued
1498-pursuant to Section 3B.09; expenses incurred by the
1499-Suburban Bus Division for the cost of new public
1500-transportation services funded from grants pursuant to
1501-Section 2.01e of this Act for a period of 2 years from the
1502-date of initiation of each such service; costs as exempted
1503-by the Board for projects pursuant to Section 2.09 of this
1504-Act; or, beginning with the 2007 fiscal year, expenses
1505-related to providing ADA paratransit service pursuant to
1506-Section 2.30 of the Regional Transportation Authority Act;
1507-or in fiscal years 2008 through 2012 inclusive, costs in
1508-the amount of $200,000,000 in fiscal year 2008, reducing
1509-by $40,000,000 in each fiscal year thereafter until this
1510-exemption is eliminated. If said system generated revenues
1511-are less than 50% of said costs, the Board shall remit an
1512-amount equal to the amount of the deficit to the State;
1513-however, due to the fiscal impacts from the COVID-19
1514-pandemic, for fiscal years 2021, 2022, and 2023, 2024, and
1515-2025, no such payment shall be required. The Treasurer
1516-shall deposit any such payment in the Road Fund; and
1517-(ii) whether, beginning with the 2007 fiscal year, the
1518-aggregate of all fares charged and received for ADA
1519-paratransit services equals the system generated ADA
1520-paratransit services revenue recovery ratio percentage of
1521-the aggregate of all costs of providing such ADA
1522-paratransit services.
673+HB1342 Enrolled- 20 -LRB103 24929 AWJ 51263 b HB1342 Enrolled - 20 - LRB103 24929 AWJ 51263 b
674+ HB1342 Enrolled - 20 - LRB103 24929 AWJ 51263 b
675+1 ridership. A suspended rider may petition the Service Board to
676+2 reinstate the person's ridership privileges one calendar year
677+3 after the Service Board's suspension finding if the length of
678+4 the suspension is more than one year.
679+5 (f) Each Service Board shall collect, report, and make
680+6 publicly available in a quarterly timeframe the number and
681+7 demographic information of people subject to suspension of
682+8 riding privileges or confiscation of fare media, the conduct
683+9 leading to the suspension or confiscation, as well as the
684+10 location and description of the location where the conduct
685+11 occurred, such as identifying the transit station or transit
686+12 line, date, and time of day, a citation to the statutory
687+13 authority for which the accused person was arrested or
688+14 charged, the amount, if any, on the fare media, and the length
689+15 of the suspension.
690+16 (70 ILCS 3615/2.41 new)
691+17 Sec. 2.41. Domestic Violence and Sexual Assault Regional
692+18 Transit Authority Public Transportation Assistance Program.
693+19 (a) No later than 90 days after the effective date of this
694+20 amendatory Act of the 103rd General Assembly, the Authority
695+21 shall create the Domestic Violence and Sexual Assault Regional
696+22 Transit Authority Public Transportation Assistance Program to
697+23 serve residents of the Authority.
698+24 Through this Program, the Authority shall issue monetarily
699+25 preloaded mass transit cards to The Network: Advocating
1523700
1524701
1525-(h) If the Authority makes any payment to the State under
1526-paragraph (g), the Authority shall reduce the amount provided
1527-to a Service Board from funds transferred under paragraph (a)
1528-in proportion to the amount by which that Service Board failed
1529-to meet its required system generated revenues recovery ratio.
1530-A Service Board which is affected by a reduction in funds under
1531-this paragraph shall submit to the Authority concurrently with
1532-its next due quarterly report a revised budget incorporating
1533-the reduction in funds. The revised budget must meet the
1534-criteria specified in clauses (i) through (vi) of Section
1535-4.11(b)(2). The Board shall review and act on the revised
1536-budget as provided in Section 4.11(b)(3).
1537-(Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20;
1538-102-678, eff. 12-10-21.)
1539-Section 90. The State Mandates Act is amended by adding
1540-Section 8.47 as follows:
1541-(30 ILCS 805/8.47 new)
1542-Sec. 8.47. Exempt mandate. Notwithstanding Sections 6 and
1543-8 of this Act, no reimbursement by the State is required for
1544-the implementation of the mandate created by Section 2.10a of
1545-the Regional Transportation Authority Act in this amendatory
1546-Act of the 103rd General Assembly.
1547-Section 99. Effective date. This Section and Sections 2.41
1548-and 2.42 of the Regional Transportation Authority Act take
1549702
1550703
1551-effect upon becoming law.
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710+1 Against Domestic Violence for survivor and victim use of
711+2 public transportation through Chicago Transit Authority, the
712+3 Suburban Bus Division, and the Commuter Rail Division.
713+4 The Authority shall coordinate with The Network:
714+5 Advocating Against Domestic Violence to issue no less than
715+6 25,000 monetarily preloaded mass transit cards with a value of
716+7 $20 per card for distribution to domestic violence and sexual
717+8 assault service providers throughout the Authority's
718+9 jurisdiction, including the counties of Cook, Kane, DuPage,
719+10 Will, Lake, and McHenry.
720+11 The mass transit card shall be plastic or laminated and
721+12 wallet-sized, contain no information that would reference
722+13 domestic violence or sexual assault services, and have no
723+14 expiration date. The cards shall also be available
724+15 electronically and shall be distributed to domestic violence
725+16 and sexual assault direct service providers to distribute to
726+17 survivors.
727+18 The total number of mass transit cards shall be
728+19 distributed to domestic violence and sexual assault service
729+20 providers throughout the Authority's region based on the
730+21 average number of clients served in 2021 and 2022 in
731+22 comparison to the total number of mass transit cards granted
732+23 by the Authority.
733+24 (b) The creation of the Program shall include an
734+25 appointment of a domestic violence or sexual assault program
735+26 service provider or a representative of the service provider's
736+
737+
738+
739+
740+
741+ HB1342 Enrolled - 21 - LRB103 24929 AWJ 51263 b
742+
743+
744+HB1342 Enrolled- 22 -LRB103 24929 AWJ 51263 b HB1342 Enrolled - 22 - LRB103 24929 AWJ 51263 b
745+ HB1342 Enrolled - 22 - LRB103 24929 AWJ 51263 b
746+1 choosing to the Authority's Citizen Advisory Board.
747+2 The Network: Advocating Against Domestic Violence shall
748+3 provide an annual report of the program, including a list of
749+4 service providers receiving the mass transit cards, the total
750+5 number of cards received by each service provider, and an
751+6 estimated number of survivors and victims of domestic violence
752+7 and sexual assault participating in the program. The report
753+8 shall also include survivor testimonies of the program and
754+9 shall include program provided recommendations on improving
755+10 implementation of the Program. The report shall be provided to
756+11 the Regional Transit Authority one calendar year after the
757+12 creation of the Program.
758+13 In partnership with The Network: Advocating Against
759+14 Domestic Violence, the Authority shall report this information
760+15 to the Board and the Citizen Advisory Board and compile an
761+16 annual report of the Program to the General Assembly and to
762+17 domestic violence and sexual assault service providers in the
763+18 service providers' jurisdiction and include recommendations
764+19 for improving implementation of the Program.
765+20 (70 ILCS 3615/2.42 new)
766+21 Sec. 2.42. Youth and young adults internships and
767+22 employment. By January 1, 2024, the Suburban Bus Board and the
768+23 Commuter Rail Board shall create or partner with a youth jobs
769+24 program to provide internship or employment opportunities to
770+25 youth and young adults.
771+
772+
773+
774+
775+
776+ HB1342 Enrolled - 22 - LRB103 24929 AWJ 51263 b
777+
778+
779+HB1342 Enrolled- 23 -LRB103 24929 AWJ 51263 b HB1342 Enrolled - 23 - LRB103 24929 AWJ 51263 b
780+ HB1342 Enrolled - 23 - LRB103 24929 AWJ 51263 b
781+1 (70 ILCS 3615/3.12 new)
782+2 Sec. 3.12. Reduced or free transit fare study.
783+3 (a) By July 1, 2024, the Authority shall conduct a study
784+4 and submit a report to the Governor and General Assembly
785+5 regarding free and reduced fares and the development of a more
786+6 equitable fare structure for the regional transit system. The
787+7 study shall include:
788+8 (1) The impact and feasibility of providing year-round
789+9 reduced or free transit fares, including, but not limited
790+10 to, veterans, returning residents, students and youths,
791+11 people experiencing low-incomes, and other riders who are
792+12 not currently receiving free or reduced fares.
793+13 (2) A review of all reduced fare programs administered
794+14 by the Authority and the service boards, which includes
795+15 information on accounting of the total cost of the
796+16 program, costs to increase the program, current sources of
797+17 funding for the program, and recommendations to increase
798+18 enrollment in current reduced fare and free-ride programs
799+19 and any other recommendations for improvements to the
800+20 programs.
801+21 (3) Analysis of how reduced and free ride programs and
802+22 changes in eligibility and funding for these programs
803+23 would affect the regional transit operating budget.
804+24 (b) In this Section, "returning resident" means any United
805+25 States resident who is 17 years of age or older and has been in
806+
807+
808+
809+
810+
811+ HB1342 Enrolled - 23 - LRB103 24929 AWJ 51263 b
812+
813+
814+HB1342 Enrolled- 24 -LRB103 24929 AWJ 51263 b HB1342 Enrolled - 24 - LRB103 24929 AWJ 51263 b
815+ HB1342 Enrolled - 24 - LRB103 24929 AWJ 51263 b
816+1 and left the physical custody of the Department of Corrections
817+2 within the last 36 months.
818+3
819+4 (70 ILCS 3615/3A.09) (from Ch. 111 2/3, par. 703A.09)
820+5 Sec. 3A.09. General powers. In addition to any powers
821+6 elsewhere provided to the Suburban Bus Board, it shall have
822+7 all of the powers specified in Section 2.20 of this Act except
823+8 for the powers specified in Section 2.20(a)(v). The Board
824+9 shall also have the power:
825+10 (a) to cooperate with the Regional Transportation
826+11 Authority in the exercise by the Regional Transportation
827+12 Authority of all the powers granted it by such Act;
828+13 (b) to receive funds from the Regional Transportation
829+14 Authority pursuant to Sections 2.02, 4.01, 4.02, 4.09 and
830+15 4.10 of the Regional Transportation Authority Act, all as
831+16 provided in the Regional Transportation Authority Act;
832+17 (c) to receive financial grants from the Regional
833+18 Transportation Authority or a Service Board, as defined in
834+19 the Regional Transportation Authority Act, upon such terms
835+20 and conditions as shall be set forth in a grant contract
836+21 between either the Division and the Regional
837+22 Transportation Authority or the Division and another
838+23 Service Board, which contract or agreement may be for such
839+24 number of years or duration as the parties agree, all as
840+25 provided in the Regional Transportation Authority Act;
841+
842+
843+
844+
845+
846+ HB1342 Enrolled - 24 - LRB103 24929 AWJ 51263 b
847+
848+
849+HB1342 Enrolled- 25 -LRB103 24929 AWJ 51263 b HB1342 Enrolled - 25 - LRB103 24929 AWJ 51263 b
850+ HB1342 Enrolled - 25 - LRB103 24929 AWJ 51263 b
851+1 (d) to perform all functions necessary for the
852+2 provision of paratransit services under Section 2.30 of
853+3 this Act; and
854+4 (e) to borrow money for the purposes of: (i)
855+5 constructing a new garage in the northwestern Cook County
856+6 suburbs, (ii) converting the South Cook garage in Markham
857+7 to a Compressed Natural Gas facility, (iii) constructing a
858+8 new paratransit garage in DuPage County, (iv) expanding
859+9 the North Shore garage in Evanston to accommodate
860+10 additional indoor bus parking, and (v) purchasing new
861+11 transit buses. For the purpose of evidencing the
862+12 obligation of the Suburban Bus Board to repay any money
863+13 borrowed as provided in this subsection, the Suburban Bus
864+14 Board may issue revenue bonds from time to time pursuant
865+15 to ordinance adopted by the Suburban Bus Board, subject to
866+16 the approval of the Regional Transportation Authority of
867+17 each such issuance by the affirmative vote of 12 of its
868+18 then Directors; provided that the Suburban Bus Board may
869+19 not issue bonds for the purpose of financing the
870+20 acquisition, construction, or improvement of any facility
871+21 other than those listed in this subsection (e). All such
872+22 bonds shall be payable solely from the revenues or income
873+23 or any other funds that the Suburban Bus Board may
874+24 receive, provided that the Suburban Bus Board may not
875+25 pledge as security for such bonds the moneys, if any, that
876+26 the Suburban Bus Board receives from the Regional
877+
878+
879+
880+
881+
882+ HB1342 Enrolled - 25 - LRB103 24929 AWJ 51263 b
883+
884+
885+HB1342 Enrolled- 26 -LRB103 24929 AWJ 51263 b HB1342 Enrolled - 26 - LRB103 24929 AWJ 51263 b
886+ HB1342 Enrolled - 26 - LRB103 24929 AWJ 51263 b
887+1 Transportation Authority pursuant to Section 4.03.3(f) of
888+2 the Regional Transportation Authority Act. The bonds shall
889+3 bear interest at a rate not to exceed the maximum rate
890+4 authorized by the Bond Authorization Act and shall mature
891+5 at such time or times not exceeding 25 years from their
892+6 respective dates. Bonds issued pursuant to this paragraph
893+7 must be issued with scheduled principal or mandatory
894+8 redemption payments in equal amounts in each fiscal year
895+9 over the term of the bonds, with the first principal or
896+10 mandatory redemption payment scheduled within the fiscal
897+11 year in which bonds are issued or within the next
898+12 succeeding fiscal year. At least 25%, based on total
899+13 principal amount, of all bonds authorized pursuant to this
900+14 Section shall be sold pursuant to notice of sale and
901+15 public bid. No more than 75%, based on total principal
902+16 amount, of all bonds authorized pursuant to this Section
903+17 shall be sold by negotiated sale. The maximum principal
904+18 amount of the bonds that may be issued may not exceed
905+19 $100,000,000. The bonds shall have all the qualities of
906+20 negotiable instruments under the laws of this State. To
907+21 secure the payment of any or all of such bonds and for the
908+22 purpose of setting forth the covenants and undertakings of
909+23 the Suburban Bus Board in connection with the issuance
910+24 thereof and the issuance of any additional bonds payable
911+25 from such revenue or income as well as the use and
912+26 application of the revenue or income received by the
913+
914+
915+
916+
917+
918+ HB1342 Enrolled - 26 - LRB103 24929 AWJ 51263 b
919+
920+
921+HB1342 Enrolled- 27 -LRB103 24929 AWJ 51263 b HB1342 Enrolled - 27 - LRB103 24929 AWJ 51263 b
922+ HB1342 Enrolled - 27 - LRB103 24929 AWJ 51263 b
923+1 Suburban Bus Board, the Suburban Bus Board may execute and
924+2 deliver a trust agreement or agreements; provided that no
925+3 lien upon any physical property of the Suburban Bus Board
926+4 shall be created thereby. A remedy for any breach or
927+5 default of the terms of any such trust agreement by the
928+6 Suburban Bus Board may be by mandamus proceedings in any
929+7 court of competent jurisdiction to compel performance and
930+8 compliance therewith, but the trust agreement may
931+9 prescribe by whom or on whose behalf such action may be
932+10 instituted. Under no circumstances shall any bonds issued
933+11 by the Suburban Bus Board or any other obligation of the
934+12 Suburban Bus Board in connection with the issuance of such
935+13 bonds be or become an indebtedness or obligation of the
936+14 State of Illinois, the Regional Transportation Authority,
937+15 or any other political subdivision of or municipality
938+16 within the State, nor shall any such bonds or obligations
939+17 be or become an indebtedness of the Suburban Bus Board
940+18 within the purview of any constitutional limitation or
941+19 provision, and it shall be plainly stated on the face of
942+20 each bond that it does not constitute such an indebtedness
943+21 or obligation but is payable solely from the revenues or
944+22 income as aforesaid; and .
945+23 (f) to adopt ordinances and make all rules and
946+24 regulations proper or necessary to regulate the use,
947+25 operation, and maintenance of its property and facilities
948+26 and to carry into effect the powers granted to the
949+
950+
951+
952+
953+
954+ HB1342 Enrolled - 27 - LRB103 24929 AWJ 51263 b
955+
956+
957+HB1342 Enrolled- 28 -LRB103 24929 AWJ 51263 b HB1342 Enrolled - 28 - LRB103 24929 AWJ 51263 b
958+ HB1342 Enrolled - 28 - LRB103 24929 AWJ 51263 b
959+1 Suburban Bus Board, with any necessary fines or penalties,
960+2 such as the suspension of riding privileges or
961+3 confiscation of fare media under Section 2.40, as the
962+4 Board deems proper.
963+5 (Source: P.A. 99-665, eff. 7-29-16.)
964+6 (70 ILCS 3615/3B.09c new)
965+7 Sec. 3B.09c. Regulation of the use, operation, and
966+8 maintenance of property. The Chief of Police of the Metra
967+9 Police Department may make rules and regulations proper or
968+10 necessary to regulate the use, operation, and maintenance of
969+11 the property and facilities of the Commuter Rail Board and to
970+12 carry into effect the powers granted to the Chief by the
971+13 Commuter Rail Board, with any necessary fines or penalties,
972+14 such as the suspension of riding privileges or confiscation of
973+15 fare media under Section 2.40, that the Chief deems proper.
974+16 (70 ILCS 3615/4.01) (from Ch. 111 2/3, par. 704.01)
975+17 Sec. 4.01. Budget and Program.
976+18 (a) The Board shall control the finances of the Authority.
977+19 It shall by ordinance adopted by the affirmative vote of at
978+20 least 12 of its then Directors (i) appropriate money to
979+21 perform the Authority's purposes and provide for payment of
980+22 debts and expenses of the Authority, (ii) take action with
981+23 respect to the budget and two-year financial plan of each
982+24 Service Board, as provided in Section 4.11, and (iii) adopt an
983+
984+
985+
986+
987+
988+ HB1342 Enrolled - 28 - LRB103 24929 AWJ 51263 b
989+
990+
991+HB1342 Enrolled- 29 -LRB103 24929 AWJ 51263 b HB1342 Enrolled - 29 - LRB103 24929 AWJ 51263 b
992+ HB1342 Enrolled - 29 - LRB103 24929 AWJ 51263 b
993+1 Annual Budget and Two-Year Financial Plan for the Authority
994+2 that includes the annual budget and two-year financial plan of
995+3 each Service Board that has been approved by the Authority.
996+4 The Annual Budget and Two-Year Financial Plan shall contain a
997+5 statement of the funds estimated to be on hand for the
998+6 Authority and each Service Board at the beginning of the
999+7 fiscal year, the funds estimated to be received from all
1000+8 sources for such year, the estimated expenses and obligations
1001+9 of the Authority and each Service Board for all purposes,
1002+10 including expenses for contributions to be made with respect
1003+11 to pension and other employee benefits, and the funds
1004+12 estimated to be on hand at the end of such year. The fiscal
1005+13 year of the Authority and each Service Board shall begin on
1006+14 January 1st and end on the succeeding December 31st. By July
1007+15 1st of each year the Director of the Illinois Governor's
1008+16 Office of Management and Budget (formerly Bureau of the
1009+17 Budget) shall submit to the Authority an estimate of revenues
1010+18 for the next fiscal year of the Authority to be collected from
1011+19 the taxes imposed by the Authority and the amounts to be
1012+20 available in the Public Transportation Fund and the Regional
1013+21 Transportation Authority Occupation and Use Tax Replacement
1014+22 Fund and the amounts otherwise to be appropriated by the State
1015+23 to the Authority for its purposes. The Authority shall file a
1016+24 copy of its Annual Budget and Two-Year Financial Plan with the
1017+25 General Assembly and the Governor after its adoption. Before
1018+26 the proposed Annual Budget and Two-Year Financial Plan is
1019+
1020+
1021+
1022+
1023+
1024+ HB1342 Enrolled - 29 - LRB103 24929 AWJ 51263 b
1025+
1026+
1027+HB1342 Enrolled- 30 -LRB103 24929 AWJ 51263 b HB1342 Enrolled - 30 - LRB103 24929 AWJ 51263 b
1028+ HB1342 Enrolled - 30 - LRB103 24929 AWJ 51263 b
1029+1 adopted, the Authority shall hold at least one public hearing
1030+2 thereon in the metropolitan region, and shall meet with the
1031+3 county board or its designee of each of the several counties in
1032+4 the metropolitan region. After conducting such hearings and
1033+5 holding such meetings and after making such changes in the
1034+6 proposed Annual Budget and Two-Year Financial Plan as the
1035+7 Board deems appropriate, the Board shall adopt its annual
1036+8 appropriation and Annual Budget and Two-Year Financial Plan
1037+9 ordinance. The ordinance may be adopted only upon the
1038+10 affirmative votes of 12 of its then Directors. The ordinance
1039+11 shall appropriate such sums of money as are deemed necessary
1040+12 to defray all necessary expenses and obligations of the
1041+13 Authority, specifying purposes and the objects or programs for
1042+14 which appropriations are made and the amount appropriated for
1043+15 each object or program. Additional appropriations, transfers
1044+16 between items and other changes in such ordinance may be made
1045+17 from time to time by the Board upon the affirmative votes of 12
1046+18 of its then Directors.
1047+19 (b) The Annual Budget and Two-Year Financial Plan shall
1048+20 show a balance between anticipated revenues from all sources
1049+21 and anticipated expenses including funding of operating
1050+22 deficits or the discharge of encumbrances incurred in prior
1051+23 periods and payment of principal and interest when due, and
1052+24 shall show cash balances sufficient to pay with reasonable
1053+25 promptness all obligations and expenses as incurred.
1054+26 The Annual Budget and Two-Year Financial Plan must show:
1055+
1056+
1057+
1058+
1059+
1060+ HB1342 Enrolled - 30 - LRB103 24929 AWJ 51263 b
1061+
1062+
1063+HB1342 Enrolled- 31 -LRB103 24929 AWJ 51263 b HB1342 Enrolled - 31 - LRB103 24929 AWJ 51263 b
1064+ HB1342 Enrolled - 31 - LRB103 24929 AWJ 51263 b
1065+1 (i) that the level of fares and charges for mass
1066+2 transportation provided by, or under grant or purchase of
1067+3 service contracts of, the Service Boards is sufficient to
1068+4 cause the aggregate of all projected fare revenues from
1069+5 such fares and charges received in each fiscal year to
1070+6 equal at least 50% of the aggregate costs of providing
1071+7 such public transportation in such fiscal year. However,
1072+8 due to the fiscal impacts of the COVID-19 pandemic, the
1073+9 aggregate of all projected fare revenues from such fares
1074+10 and charges received in fiscal years 2021, 2022, and 2023,
1075+11 2024, and 2025 may be less than 50% of the aggregate costs
1076+12 of providing such public transportation in those fiscal
1077+13 years. "Fare revenues" include the proceeds of all fares
1078+14 and charges for services provided, contributions received
1079+15 in connection with public transportation from units of
1080+16 local government other than the Authority, except for
1081+17 contributions received by the Chicago Transit Authority
1082+18 from a real estate transfer tax imposed under subsection
1083+19 (i) of Section 8-3-19 of the Illinois Municipal Code, and
1084+20 from the State pursuant to subsection (i) of Section
1085+21 2705-305 of the Department of Transportation Law (20 ILCS
1086+22 2705/2705-305), and all other operating revenues properly
1087+23 included consistent with generally accepted accounting
1088+24 principles but do not include: the proceeds of any
1089+25 borrowings, and, beginning with the 2007 fiscal year, all
1090+26 revenues and receipts, including but not limited to fares
1091+
1092+
1093+
1094+
1095+
1096+ HB1342 Enrolled - 31 - LRB103 24929 AWJ 51263 b
1097+
1098+
1099+HB1342 Enrolled- 32 -LRB103 24929 AWJ 51263 b HB1342 Enrolled - 32 - LRB103 24929 AWJ 51263 b
1100+ HB1342 Enrolled - 32 - LRB103 24929 AWJ 51263 b
1101+1 and grants received from the federal, State or any unit of
1102+2 local government or other entity, derived from providing
1103+3 ADA paratransit service pursuant to Section 2.30 of the
1104+4 Regional Transportation Authority Act. "Costs" include all
1105+5 items properly included as operating costs consistent with
1106+6 generally accepted accounting principles, including
1107+7 administrative costs, but do not include: depreciation;
1108+8 payment of principal and interest on bonds, notes or other
1109+9 evidences of obligation for borrowed money issued by the
1110+10 Authority; payments with respect to public transportation
1111+11 facilities made pursuant to subsection (b) of Section 2.20
1112+12 of this Act; any payments with respect to rate protection
1113+13 contracts, credit enhancements or liquidity agreements
1114+14 made under Section 4.14; any other cost to which it is
1115+15 reasonably expected that a cash expenditure will not be
1116+16 made; costs for passenger security including grants,
1117+17 contracts, personnel, equipment and administrative
1118+18 expenses, except in the case of the Chicago Transit
1119+19 Authority, in which case the term does not include costs
1120+20 spent annually by that entity for protection against crime
1121+21 as required by Section 27a of the Metropolitan Transit
1122+22 Authority Act; the payment by the Chicago Transit
1123+23 Authority of Debt Service, as defined in Section 12c of
1124+24 the Metropolitan Transit Authority Act, on bonds or notes
1125+25 issued pursuant to that Section; the payment by the
1126+26 Commuter Rail Division of debt service on bonds issued
1127+
1128+
1129+
1130+
1131+
1132+ HB1342 Enrolled - 32 - LRB103 24929 AWJ 51263 b
1133+
1134+
1135+HB1342 Enrolled- 33 -LRB103 24929 AWJ 51263 b HB1342 Enrolled - 33 - LRB103 24929 AWJ 51263 b
1136+ HB1342 Enrolled - 33 - LRB103 24929 AWJ 51263 b
1137+1 pursuant to Section 3B.09; expenses incurred by the
1138+2 Suburban Bus Division for the cost of new public
1139+3 transportation services funded from grants pursuant to
1140+4 Section 2.01e of this amendatory Act of the 95th General
1141+5 Assembly for a period of 2 years from the date of
1142+6 initiation of each such service; costs as exempted by the
1143+7 Board for projects pursuant to Section 2.09 of this Act;
1144+8 or, beginning with the 2007 fiscal year, expenses related
1145+9 to providing ADA paratransit service pursuant to Section
1146+10 2.30 of the Regional Transportation Authority Act; and in
1147+11 fiscal years 2008 through 2012 inclusive, costs in the
1148+12 amount of $200,000,000 in fiscal year 2008, reducing by
1149+13 $40,000,000 in each fiscal year thereafter until this
1150+14 exemption is eliminated; and
1151+15 (ii) that the level of fares charged for ADA
1152+16 paratransit services is sufficient to cause the aggregate
1153+17 of all projected revenues from such fares charged and
1154+18 received in each fiscal year to equal at least 10% of the
1155+19 aggregate costs of providing such ADA paratransit
1156+20 services. However, due to the fiscal impacts of the
1157+21 COVID-19 pandemic, the aggregate of all projected fare
1158+22 revenues from such fares and charges received in fiscal
1159+23 years 2021, 2022, and 2023, 2024, and 2025 may be less than
1160+24 10% of the aggregate costs of providing such ADA
1161+25 paratransit services in those fiscal years. For purposes
1162+26 of this Act, the percentages in this subsection (b)(ii)
1163+
1164+
1165+
1166+
1167+
1168+ HB1342 Enrolled - 33 - LRB103 24929 AWJ 51263 b
1169+
1170+
1171+HB1342 Enrolled- 34 -LRB103 24929 AWJ 51263 b HB1342 Enrolled - 34 - LRB103 24929 AWJ 51263 b
1172+ HB1342 Enrolled - 34 - LRB103 24929 AWJ 51263 b
1173+1 shall be referred to as the "system generated ADA
1174+2 paratransit services revenue recovery ratio". For purposes
1175+3 of the system generated ADA paratransit services revenue
1176+4 recovery ratio, "costs" shall include all items properly
1177+5 included as operating costs consistent with generally
1178+6 accepted accounting principles. However, the Board may
1179+7 exclude from costs an amount that does not exceed the
1180+8 allowable "capital costs of contracting" for ADA
1181+9 paratransit services pursuant to the Federal Transit
1182+10 Administration guidelines for the Urbanized Area Formula
1183+11 Program.
1184+12 The Authority shall file a statement certifying that the
1185+13 Service Boards published the data described in subsection
1186+14 (b-5) with the General Assembly and the Governor after
1187+15 adoption of the Annual Budget and Two-Year Financial Plan
1188+16 required by subsection (a). If the Authority fails to file a
1189+17 statement certifying publication of the data, then the
1190+18 appropriations to the Department of Transportation for grants
1191+19 to the Authority intended to reimburse the Service Boards for
1192+20 providing free and reduced fares shall be withheld.
1193+21 (b-5) For fiscal years 2024 and 2025, the Service Boards
1194+22 must publish a monthly comprehensive set of data regarding
1195+23 transit service and safety. The data included shall include
1196+24 information to track operations including:
1197+25 (1) staffing levels, including numbers of budgeted
1198+26 positions, current positions employed, hired staff,
1199+
1200+
1201+
1202+
1203+
1204+ HB1342 Enrolled - 34 - LRB103 24929 AWJ 51263 b
1205+
1206+
1207+HB1342 Enrolled- 35 -LRB103 24929 AWJ 51263 b HB1342 Enrolled - 35 - LRB103 24929 AWJ 51263 b
1208+ HB1342 Enrolled - 35 - LRB103 24929 AWJ 51263 b
1209+1 attrition, staff in training, and absenteeism rates;
1210+2 (2) scheduled service and delivered service, including
1211+3 percentage of scheduled service delivered by day, service
1212+4 by mode of transportation, service by route and rail line,
1213+5 total number of revenue miles driven, excess wait times by
1214+6 day, by mode of transportation, by bus route, and by stop;
1215+7 and
1216+8 (3) safety on the system, including the number of
1217+9 incidents of crime and code of conduct violations on
1218+10 system, any performance measures used to evaluate the
1219+11 effectiveness of investments in private security, safety
1220+12 equipment, and other security investments in the system.
1221+13 If no performance measures exist to evaluate the
1222+14 effectiveness of these safety investments, the Service
1223+15 Boards and Authority shall develop and publish these
1224+16 performance measures.
1225+17 The Authority and Service Boards shall solicit input and
1226+18 ideas on publishing data on the service reliability,
1227+19 operations, and safety of the system from the public and
1228+20 groups representing transit riders, workers, and businesses.
1229+21 (c) The actual administrative expenses of the Authority
1230+22 for the fiscal year commencing January 1, 1985 may not exceed
1231+23 $5,000,000. The actual administrative expenses of the
1232+24 Authority for the fiscal year commencing January 1, 1986, and
1233+25 for each fiscal year thereafter shall not exceed the maximum
1234+26 administrative expenses for the previous fiscal year plus 5%.
1235+
1236+
1237+
1238+
1239+
1240+ HB1342 Enrolled - 35 - LRB103 24929 AWJ 51263 b
1241+
1242+
1243+HB1342 Enrolled- 36 -LRB103 24929 AWJ 51263 b HB1342 Enrolled - 36 - LRB103 24929 AWJ 51263 b
1244+ HB1342 Enrolled - 36 - LRB103 24929 AWJ 51263 b
1245+1 "Administrative expenses" are defined for purposes of this
1246+2 Section as all expenses except: (1) capital expenses and
1247+3 purchases of the Authority on behalf of the Service Boards;
1248+4 (2) payments to Service Boards; and (3) payment of principal
1249+5 and interest on bonds, notes or other evidence of obligation
1250+6 for borrowed money issued by the Authority; (4) costs for
1251+7 passenger security including grants, contracts, personnel,
1252+8 equipment and administrative expenses; (5) payments with
1253+9 respect to public transportation facilities made pursuant to
1254+10 subsection (b) of Section 2.20 of this Act; and (6) any
1255+11 payments with respect to rate protection contracts, credit
1256+12 enhancements or liquidity agreements made pursuant to Section
1257+13 4.14.
1258+14 (d) This subsection applies only until the Department
1259+15 begins administering and enforcing an increased tax under
1260+16 Section 4.03(m) as authorized by this amendatory Act of the
1261+17 95th General Assembly. After withholding 15% of the proceeds
1262+18 of any tax imposed by the Authority and 15% of money received
1263+19 by the Authority from the Regional Transportation Authority
1264+20 Occupation and Use Tax Replacement Fund, the Board shall
1265+21 allocate the proceeds and money remaining to the Service
1266+22 Boards as follows: (1) an amount equal to 85% of the proceeds
1267+23 of those taxes collected within the City of Chicago and 85% of
1268+24 the money received by the Authority on account of transfers to
1269+25 the Regional Transportation Authority Occupation and Use Tax
1270+26 Replacement Fund from the County and Mass Transit District
1271+
1272+
1273+
1274+
1275+
1276+ HB1342 Enrolled - 36 - LRB103 24929 AWJ 51263 b
1277+
1278+
1279+HB1342 Enrolled- 37 -LRB103 24929 AWJ 51263 b HB1342 Enrolled - 37 - LRB103 24929 AWJ 51263 b
1280+ HB1342 Enrolled - 37 - LRB103 24929 AWJ 51263 b
1281+1 Fund attributable to retail sales within the City of Chicago
1282+2 shall be allocated to the Chicago Transit Authority; (2) an
1283+3 amount equal to 85% of the proceeds of those taxes collected
1284+4 within Cook County outside the City of Chicago and 85% of the
1285+5 money received by the Authority on account of transfers to the
1286+6 Regional Transportation Authority Occupation and Use Tax
1287+7 Replacement Fund from the County and Mass Transit District
1288+8 Fund attributable to retail sales within Cook County outside
1289+9 of the city of Chicago shall be allocated 30% to the Chicago
1290+10 Transit Authority, 55% to the Commuter Rail Board and 15% to
1291+11 the Suburban Bus Board; and (3) an amount equal to 85% of the
1292+12 proceeds of the taxes collected within the Counties of DuPage,
1293+13 Kane, Lake, McHenry and Will shall be allocated 70% to the
1294+14 Commuter Rail Board and 30% to the Suburban Bus Board.
1295+15 (e) This subsection applies only until the Department
1296+16 begins administering and enforcing an increased tax under
1297+17 Section 4.03(m) as authorized by this amendatory Act of the
1298+18 95th General Assembly. Moneys received by the Authority on
1299+19 account of transfers to the Regional Transportation Authority
1300+20 Occupation and Use Tax Replacement Fund from the State and
1301+21 Local Sales Tax Reform Fund shall be allocated among the
1302+22 Authority and the Service Boards as follows: 15% of such
1303+23 moneys shall be retained by the Authority and the remaining
1304+24 85% shall be transferred to the Service Boards as soon as may
1305+25 be practicable after the Authority receives payment. Moneys
1306+26 which are distributable to the Service Boards pursuant to the
1307+
1308+
1309+
1310+
1311+
1312+ HB1342 Enrolled - 37 - LRB103 24929 AWJ 51263 b
1313+
1314+
1315+HB1342 Enrolled- 38 -LRB103 24929 AWJ 51263 b HB1342 Enrolled - 38 - LRB103 24929 AWJ 51263 b
1316+ HB1342 Enrolled - 38 - LRB103 24929 AWJ 51263 b
1317+1 preceding sentence shall be allocated among the Service Boards
1318+2 on the basis of each Service Board's distribution ratio. The
1319+3 term "distribution ratio" means, for purposes of this
1320+4 subsection (e) of this Section 4.01, the ratio of the total
1321+5 amount distributed to a Service Board pursuant to subsection
1322+6 (d) of Section 4.01 for the immediately preceding calendar
1323+7 year to the total amount distributed to all of the Service
1324+8 Boards pursuant to subsection (d) of Section 4.01 for the
1325+9 immediately preceding calendar year.
1326+10 (f) To carry out its duties and responsibilities under
1327+11 this Act, the Board shall employ staff which shall: (1)
1328+12 propose for adoption by the Board of the Authority rules for
1329+13 the Service Boards that establish (i) forms and schedules to
1330+14 be used and information required to be provided with respect
1331+15 to a five-year capital program, annual budgets, and two-year
1332+16 financial plans and regular reporting of actual results
1333+17 against adopted budgets and financial plans, (ii) financial
1334+18 practices to be followed in the budgeting and expenditure of
1335+19 public funds, (iii) assumptions and projections that must be
1336+20 followed in preparing and submitting its annual budget and
1337+21 two-year financial plan or a five-year capital program; (2)
1338+22 evaluate for the Board public transportation programs operated
1339+23 or proposed by the Service Boards and transportation agencies
1340+24 in terms of the goals and objectives set out in the Strategic
1341+25 Plan; (3) keep the Board and the public informed of the extent
1342+26 to which the Service Boards and transportation agencies are
1343+
1344+
1345+
1346+
1347+
1348+ HB1342 Enrolled - 38 - LRB103 24929 AWJ 51263 b
1349+
1350+
1351+HB1342 Enrolled- 39 -LRB103 24929 AWJ 51263 b HB1342 Enrolled - 39 - LRB103 24929 AWJ 51263 b
1352+ HB1342 Enrolled - 39 - LRB103 24929 AWJ 51263 b
1353+1 meeting the goals and objectives adopted by the Authority in
1354+2 the Strategic Plan; and (4) assess the efficiency or adequacy
1355+3 of public transportation services provided by a Service Board
1356+4 and make recommendations for change in that service to the end
1357+5 that the moneys available to the Authority may be expended in
1358+6 the most economical manner possible with the least possible
1359+7 duplication.
1360+8 (g) All Service Boards, transportation agencies,
1361+9 comprehensive planning agencies, including the Chicago
1362+10 Metropolitan Agency for Planning, or transportation planning
1363+11 agencies in the metropolitan region shall furnish to the
1364+12 Authority such information pertaining to public transportation
1365+13 or relevant for plans therefor as it may from time to time
1366+14 require. The Executive Director, or his or her designee,
1367+15 shall, for the purpose of securing any such information
1368+16 necessary or appropriate to carry out any of the powers and
1369+17 responsibilities of the Authority under this Act, have access
1370+18 to, and the right to examine, all books, documents, papers or
1371+19 records of a Service Board or any transportation agency
1372+20 receiving funds from the Authority or Service Board, and such
1373+21 Service Board or transportation agency shall comply with any
1374+22 request by the Executive Director, or his or her designee,
1375+23 within 30 days or an extended time provided by the Executive
1376+24 Director.
1377+25 (h) No Service Board shall undertake any capital
1378+26 improvement which is not identified in the Five-Year Capital
1379+
1380+
1381+
1382+
1383+
1384+ HB1342 Enrolled - 39 - LRB103 24929 AWJ 51263 b
1385+
1386+
1387+HB1342 Enrolled- 40 -LRB103 24929 AWJ 51263 b HB1342 Enrolled - 40 - LRB103 24929 AWJ 51263 b
1388+ HB1342 Enrolled - 40 - LRB103 24929 AWJ 51263 b
1389+1 Program.
1390+2 (i) Each Service Board shall furnish to the Board access
1391+3 to its financial information including, but not limited to,
1392+4 audits and reports. The Board shall have real-time access to
1393+5 the financial information of the Service Boards; however, the
1394+6 Board shall be granted read-only access to the Service Board's
1395+7 financial information.
1396+8 (Source: P.A. 102-678, eff. 12-10-21.)
1397+9 (70 ILCS 3615/4.09) (from Ch. 111 2/3, par. 704.09)
1398+10 Sec. 4.09. Public Transportation Fund and the Regional
1399+11 Transportation Authority Occupation and Use Tax Replacement
1400+12 Fund.
1401+13 (a)(1) Except as otherwise provided in paragraph (4), as
1402+14 soon as possible after the first day of each month, beginning
1403+15 July 1, 1984, upon certification of the Department of Revenue,
1404+16 the Comptroller shall order transferred and the Treasurer
1405+17 shall transfer from the General Revenue Fund to a special fund
1406+18 in the State Treasury to be known as the Public Transportation
1407+19 Fund an amount equal to 25% of the net revenue, before the
1408+20 deduction of the serviceman and retailer discounts pursuant to
1409+21 Section 9 of the Service Occupation Tax Act and Section 3 of
1410+22 the Retailers' Occupation Tax Act, realized from any tax
1411+23 imposed by the Authority pursuant to Sections 4.03 and 4.03.1
1412+24 and 25% of the amounts deposited into the Regional
1413+25 Transportation Authority tax fund created by Section 4.03 of
1414+
1415+
1416+
1417+
1418+
1419+ HB1342 Enrolled - 40 - LRB103 24929 AWJ 51263 b
1420+
1421+
1422+HB1342 Enrolled- 41 -LRB103 24929 AWJ 51263 b HB1342 Enrolled - 41 - LRB103 24929 AWJ 51263 b
1423+ HB1342 Enrolled - 41 - LRB103 24929 AWJ 51263 b
1424+1 this Act, from the County and Mass Transit District Fund as
1425+2 provided in Section 6z-20 of the State Finance Act and 25% of
1426+3 the amounts deposited into the Regional Transportation
1427+4 Authority Occupation and Use Tax Replacement Fund from the
1428+5 State and Local Sales Tax Reform Fund as provided in Section
1429+6 6z-17 of the State Finance Act. On the first day of the month
1430+7 following the date that the Department receives revenues from
1431+8 increased taxes under Section 4.03(m) as authorized by Public
1432+9 Act 95-708, in lieu of the transfers authorized in the
1433+10 preceding sentence, upon certification of the Department of
1434+11 Revenue, the Comptroller shall order transferred and the
1435+12 Treasurer shall transfer from the General Revenue Fund to the
1436+13 Public Transportation Fund an amount equal to 25% of the net
1437+14 revenue, before the deduction of the serviceman and retailer
1438+15 discounts pursuant to Section 9 of the Service Occupation Tax
1439+16 Act and Section 3 of the Retailers' Occupation Tax Act,
1440+17 realized from (i) 80% of the proceeds of any tax imposed by the
1441+18 Authority at a rate of 1.25% in Cook County, (ii) 75% of the
1442+19 proceeds of any tax imposed by the Authority at the rate of 1%
1443+20 in Cook County, and (iii) one-third of the proceeds of any tax
1444+21 imposed by the Authority at the rate of 0.75% in the Counties
1445+22 of DuPage, Kane, Lake, McHenry, and Will, all pursuant to
1446+23 Section 4.03, and 25% of the net revenue realized from any tax
1447+24 imposed by the Authority pursuant to Section 4.03.1, and 25%
1448+25 of the amounts deposited into the Regional Transportation
1449+26 Authority tax fund created by Section 4.03 of this Act from the
1450+
1451+
1452+
1453+
1454+
1455+ HB1342 Enrolled - 41 - LRB103 24929 AWJ 51263 b
1456+
1457+
1458+HB1342 Enrolled- 42 -LRB103 24929 AWJ 51263 b HB1342 Enrolled - 42 - LRB103 24929 AWJ 51263 b
1459+ HB1342 Enrolled - 42 - LRB103 24929 AWJ 51263 b
1460+1 County and Mass Transit District Fund as provided in Section
1461+2 6z-20 of the State Finance Act, and 25% of the amounts
1462+3 deposited into the Regional Transportation Authority
1463+4 Occupation and Use Tax Replacement Fund from the State and
1464+5 Local Sales Tax Reform Fund as provided in Section 6z-17 of the
1465+6 State Finance Act. As used in this Section, net revenue
1466+7 realized for a month shall be the revenue collected by the
1467+8 State pursuant to Sections 4.03 and 4.03.1 during the previous
1468+9 month from within the metropolitan region, less the amount
1469+10 paid out during that same month as refunds to taxpayers for
1470+11 overpayment of liability in the metropolitan region under
1471+12 Sections 4.03 and 4.03.1.
1472+13 Notwithstanding any provision of law to the contrary,
1473+14 beginning on July 6, 2017 (the effective date of Public Act
1474+15 100-23), those amounts required under this paragraph (1) of
1475+16 subsection (a) to be transferred by the Treasurer into the
1476+17 Public Transportation Fund from the General Revenue Fund shall
1477+18 be directly deposited into the Public Transportation Fund as
1478+19 the revenues are realized from the taxes indicated.
1479+20 (2) Except as otherwise provided in paragraph (4), on
1480+21 February 1, 2009 (the first day of the month following the
1481+22 effective date of Public Act 95-708) and each month
1482+23 thereafter, upon certification by the Department of Revenue,
1483+24 the Comptroller shall order transferred and the Treasurer
1484+25 shall transfer from the General Revenue Fund to the Public
1485+26 Transportation Fund an amount equal to 5% of the net revenue,
1486+
1487+
1488+
1489+
1490+
1491+ HB1342 Enrolled - 42 - LRB103 24929 AWJ 51263 b
1492+
1493+
1494+HB1342 Enrolled- 43 -LRB103 24929 AWJ 51263 b HB1342 Enrolled - 43 - LRB103 24929 AWJ 51263 b
1495+ HB1342 Enrolled - 43 - LRB103 24929 AWJ 51263 b
1496+1 before the deduction of the serviceman and retailer discounts
1497+2 pursuant to Section 9 of the Service Occupation Tax Act and
1498+3 Section 3 of the Retailers' Occupation Tax Act, realized from
1499+4 any tax imposed by the Authority pursuant to Sections 4.03 and
1500+5 4.03.1 and certified by the Department of Revenue under
1501+6 Section 4.03(n) of this Act to be paid to the Authority and 5%
1502+7 of the amounts deposited into the Regional Transportation
1503+8 Authority tax fund created by Section 4.03 of this Act from the
1504+9 County and Mass Transit District Fund as provided in Section
1505+10 6z-20 of the State Finance Act, and 5% of the amounts deposited
1506+11 into the Regional Transportation Authority Occupation and Use
1507+12 Tax Replacement Fund from the State and Local Sales Tax Reform
1508+13 Fund as provided in Section 6z-17 of the State Finance Act, and
1509+14 5% of the revenue realized by the Chicago Transit Authority as
1510+15 financial assistance from the City of Chicago from the
1511+16 proceeds of any tax imposed by the City of Chicago under
1512+17 Section 8-3-19 of the Illinois Municipal Code.
1513+18 Notwithstanding any provision of law to the contrary,
1514+19 beginning on July 6, 2017 (the effective date of Public Act
1515+20 100-23), those amounts required under this paragraph (2) of
1516+21 subsection (a) to be transferred by the Treasurer into the
1517+22 Public Transportation Fund from the General Revenue Fund shall
1518+23 be directly deposited into the Public Transportation Fund as
1519+24 the revenues are realized from the taxes indicated.
1520+25 (3) Except as otherwise provided in paragraph (4), as soon
1521+26 as possible after the first day of January, 2009 and each month
1522+
1523+
1524+
1525+
1526+
1527+ HB1342 Enrolled - 43 - LRB103 24929 AWJ 51263 b
1528+
1529+
1530+HB1342 Enrolled- 44 -LRB103 24929 AWJ 51263 b HB1342 Enrolled - 44 - LRB103 24929 AWJ 51263 b
1531+ HB1342 Enrolled - 44 - LRB103 24929 AWJ 51263 b
1532+1 thereafter, upon certification of the Department of Revenue
1533+2 with respect to the taxes collected under Section 4.03, the
1534+3 Comptroller shall order transferred and the Treasurer shall
1535+4 transfer from the General Revenue Fund to the Public
1536+5 Transportation Fund an amount equal to 25% of the net revenue,
1537+6 before the deduction of the serviceman and retailer discounts
1538+7 pursuant to Section 9 of the Service Occupation Tax Act and
1539+8 Section 3 of the Retailers' Occupation Tax Act, realized from
1540+9 (i) 20% of the proceeds of any tax imposed by the Authority at
1541+10 a rate of 1.25% in Cook County, (ii) 25% of the proceeds of any
1542+11 tax imposed by the Authority at the rate of 1% in Cook County,
1543+12 and (iii) one-third of the proceeds of any tax imposed by the
1544+13 Authority at the rate of 0.75% in the Counties of DuPage, Kane,
1545+14 Lake, McHenry, and Will, all pursuant to Section 4.03, and the
1546+15 Comptroller shall order transferred and the Treasurer shall
1547+16 transfer from the General Revenue Fund to the Public
1548+17 Transportation Fund (iv) an amount equal to 25% of the revenue
1549+18 realized by the Chicago Transit Authority as financial
1550+19 assistance from the City of Chicago from the proceeds of any
1551+20 tax imposed by the City of Chicago under Section 8-3-19 of the
1552+21 Illinois Municipal Code.
1553+22 Notwithstanding any provision of law to the contrary,
1554+23 beginning on July 6, 2017 (the effective date of Public Act
1555+24 100-23), those amounts required under this paragraph (3) of
1556+25 subsection (a) to be transferred by the Treasurer into the
1557+26 Public Transportation Fund from the General Revenue Fund shall
1558+
1559+
1560+
1561+
1562+
1563+ HB1342 Enrolled - 44 - LRB103 24929 AWJ 51263 b
1564+
1565+
1566+HB1342 Enrolled- 45 -LRB103 24929 AWJ 51263 b HB1342 Enrolled - 45 - LRB103 24929 AWJ 51263 b
1567+ HB1342 Enrolled - 45 - LRB103 24929 AWJ 51263 b
1568+1 be directly deposited into the Public Transportation Fund as
1569+2 the revenues are realized from the taxes indicated.
1570+3 (4) Notwithstanding any provision of law to the contrary,
1571+4 of the transfers to be made under paragraphs (1), (2), and (3)
1572+5 of this subsection (a) from the General Revenue Fund to the
1573+6 Public Transportation Fund, the first $150,000,000 that would
1574+7 have otherwise been transferred from the General Revenue Fund
1575+8 shall be transferred from the Road Fund. The remaining balance
1576+9 of such transfers shall be made from the General Revenue Fund.
1577+10 (5) (Blank).
1578+11 (6) (Blank).
1579+12 (7) For State fiscal year 2020 only, notwithstanding any
1580+13 provision of law to the contrary, the total amount of revenue
1581+14 and deposits under this Section attributable to revenues
1582+15 realized during State fiscal year 2020 shall be reduced by 5%.
1583+16 (8) For State fiscal year 2021 only, notwithstanding any
1584+17 provision of law to the contrary, the total amount of revenue
1585+18 and deposits under this Section attributable to revenues
1586+19 realized during State fiscal year 2021 shall be reduced by 5%.
1587+20 (b)(1) All moneys deposited in the Public Transportation
1588+21 Fund and the Regional Transportation Authority Occupation and
1589+22 Use Tax Replacement Fund, whether deposited pursuant to this
1590+23 Section or otherwise, are allocated to the Authority, except
1591+24 for amounts appropriated to the Office of the Executive
1592+25 Inspector General as authorized by subsection (h) of Section
1593+26 4.03.3 and amounts transferred to the Audit Expense Fund
1594+
1595+
1596+
1597+
1598+
1599+ HB1342 Enrolled - 45 - LRB103 24929 AWJ 51263 b
1600+
1601+
1602+HB1342 Enrolled- 46 -LRB103 24929 AWJ 51263 b HB1342 Enrolled - 46 - LRB103 24929 AWJ 51263 b
1603+ HB1342 Enrolled - 46 - LRB103 24929 AWJ 51263 b
1604+1 pursuant to Section 6z-27 of the State Finance Act. The
1605+2 Comptroller, as soon as possible after each monthly transfer
1606+3 provided in this Section and after each deposit into the
1607+4 Public Transportation Fund, shall order the Treasurer to pay
1608+5 to the Authority out of the Public Transportation Fund the
1609+6 amount so transferred or deposited. Any Additional State
1610+7 Assistance and Additional Financial Assistance paid to the
1611+8 Authority under this Section shall be expended by the
1612+9 Authority for its purposes as provided in this Act. The
1613+10 balance of the amounts paid to the Authority from the Public
1614+11 Transportation Fund shall be expended by the Authority as
1615+12 provided in Section 4.03.3. The Comptroller, as soon as
1616+13 possible after each deposit into the Regional Transportation
1617+14 Authority Occupation and Use Tax Replacement Fund provided in
1618+15 this Section and Section 6z-17 of the State Finance Act, shall
1619+16 order the Treasurer to pay to the Authority out of the Regional
1620+17 Transportation Authority Occupation and Use Tax Replacement
1621+18 Fund the amount so deposited. Such amounts paid to the
1622+19 Authority may be expended by it for its purposes as provided in
1623+20 this Act. The provisions directing the distributions from the
1624+21 Public Transportation Fund and the Regional Transportation
1625+22 Authority Occupation and Use Tax Replacement Fund provided for
1626+23 in this Section shall constitute an irrevocable and continuing
1627+24 appropriation of all amounts as provided herein. The State
1628+25 Treasurer and State Comptroller are hereby authorized and
1629+26 directed to make distributions as provided in this Section.
1630+
1631+
1632+
1633+
1634+
1635+ HB1342 Enrolled - 46 - LRB103 24929 AWJ 51263 b
1636+
1637+
1638+HB1342 Enrolled- 47 -LRB103 24929 AWJ 51263 b HB1342 Enrolled - 47 - LRB103 24929 AWJ 51263 b
1639+ HB1342 Enrolled - 47 - LRB103 24929 AWJ 51263 b
1640+1 (2) Provided, however, no moneys deposited under subsection
1641+2 (a) of this Section shall be paid from the Public
1642+3 Transportation Fund to the Authority or its assignee for any
1643+4 fiscal year until the Authority has certified to the Governor,
1644+5 the Comptroller, and the Mayor of the City of Chicago that it
1645+6 has adopted for that fiscal year an Annual Budget and Two-Year
1646+7 Financial Plan meeting the requirements in Section 4.01(b).
1647+8 (c) In recognition of the efforts of the Authority to
1648+9 enhance the mass transportation facilities under its control,
1649+10 the State shall provide financial assistance ("Additional
1650+11 State Assistance") in excess of the amounts transferred to the
1651+12 Authority from the General Revenue Fund under subsection (a)
1652+13 of this Section. Additional State Assistance shall be
1653+14 calculated as provided in subsection (d), but shall in no
1654+15 event exceed the following specified amounts with respect to
1655+16 the following State fiscal years:
1656+17 1990 $5,000,000; 18 1991 $5,000,000; 19 1992 $10,000,000; 20 1993 $10,000,000; 21 1994 $20,000,000; 22 1995 $30,000,000; 23 1996 $40,000,000; 24 1997 $50,000,000; 25 1998 $55,000,000; and 26 each year thereafter $55,000,000. 17 1990 $5,000,000; 18 1991 $5,000,000; 19 1992 $10,000,000; 20 1993 $10,000,000; 21 1994 $20,000,000; 22 1995 $30,000,000; 23 1996 $40,000,000; 24 1997 $50,000,000; 25 1998 $55,000,000; and 26 each year thereafter $55,000,000.
1657+17 1990 $5,000,000;
1658+18 1991 $5,000,000;
1659+19 1992 $10,000,000;
1660+20 1993 $10,000,000;
1661+21 1994 $20,000,000;
1662+22 1995 $30,000,000;
1663+23 1996 $40,000,000;
1664+24 1997 $50,000,000;
1665+25 1998 $55,000,000; and
1666+26 each year thereafter $55,000,000.
1667+
1668+
1669+
1670+
1671+
1672+ HB1342 Enrolled - 47 - LRB103 24929 AWJ 51263 b
1673+
1674+
1675+17 1990 $5,000,000;
1676+18 1991 $5,000,000;
1677+19 1992 $10,000,000;
1678+20 1993 $10,000,000;
1679+21 1994 $20,000,000;
1680+22 1995 $30,000,000;
1681+23 1996 $40,000,000;
1682+24 1997 $50,000,000;
1683+25 1998 $55,000,000; and
1684+26 each year thereafter $55,000,000.
1685+
1686+
1687+HB1342 Enrolled- 48 -LRB103 24929 AWJ 51263 b HB1342 Enrolled - 48 - LRB103 24929 AWJ 51263 b
1688+ HB1342 Enrolled - 48 - LRB103 24929 AWJ 51263 b
1689+1 (c-5) The State shall provide financial assistance
1690+2 ("Additional Financial Assistance") in addition to the
1691+3 Additional State Assistance provided by subsection (c) and the
1692+4 amounts transferred to the Authority from the General Revenue
1693+5 Fund under subsection (a) of this Section. Additional
1694+6 Financial Assistance provided by this subsection shall be
1695+7 calculated as provided in subsection (d), but shall in no
1696+8 event exceed the following specified amounts with respect to
1697+9 the following State fiscal years:
1698+10 2000 $0; 11 2001 $16,000,000; 12 2002 $35,000,000; 13 2003 $54,000,000; 14 2004 $73,000,000; 15 2005 $93,000,000; and 16 each year thereafter $100,000,000. 10 2000 $0; 11 2001 $16,000,000; 12 2002 $35,000,000; 13 2003 $54,000,000; 14 2004 $73,000,000; 15 2005 $93,000,000; and 16 each year thereafter $100,000,000.
1699+10 2000 $0;
1700+11 2001 $16,000,000;
1701+12 2002 $35,000,000;
1702+13 2003 $54,000,000;
1703+14 2004 $73,000,000;
1704+15 2005 $93,000,000; and
1705+16 each year thereafter $100,000,000.
1706+17 (d) Beginning with State fiscal year 1990 and continuing
1707+18 for each State fiscal year thereafter, the Authority shall
1708+19 annually certify to the State Comptroller and State Treasurer,
1709+20 separately with respect to each of subdivisions (g)(2) and
1710+21 (g)(3) of Section 4.04 of this Act, the following amounts:
1711+22 (1) The amount necessary and required, during the
1712+23 State fiscal year with respect to which the certification
1713+24 is made, to pay its obligations for debt service on all
1714+25 outstanding bonds or notes issued by the Authority under
1715+26 subdivisions (g)(2) and (g)(3) of Section 4.04 of this
1716+
1717+
1718+
1719+
1720+
1721+ HB1342 Enrolled - 48 - LRB103 24929 AWJ 51263 b
1722+
1723+
1724+10 2000 $0;
1725+11 2001 $16,000,000;
1726+12 2002 $35,000,000;
1727+13 2003 $54,000,000;
1728+14 2004 $73,000,000;
1729+15 2005 $93,000,000; and
1730+16 each year thereafter $100,000,000.
1731+
1732+
1733+HB1342 Enrolled- 49 -LRB103 24929 AWJ 51263 b HB1342 Enrolled - 49 - LRB103 24929 AWJ 51263 b
1734+ HB1342 Enrolled - 49 - LRB103 24929 AWJ 51263 b
1735+1 Act.
1736+2 (2) An estimate of the amount necessary and required
1737+3 to pay its obligations for debt service for any bonds or
1738+4 notes which the Authority anticipates it will issue under
1739+5 subdivisions (g)(2) and (g)(3) of Section 4.04 during that
1740+6 State fiscal year.
1741+7 (3) Its debt service savings during the preceding
1742+8 State fiscal year from refunding or advance refunding of
1743+9 bonds or notes issued under subdivisions (g)(2) and (g)(3)
1744+10 of Section 4.04.
1745+11 (4) The amount of interest, if any, earned by the
1746+12 Authority during the previous State fiscal year on the
1747+13 proceeds of bonds or notes issued pursuant to subdivisions
1748+14 (g)(2) and (g)(3) of Section 4.04, other than refunding or
1749+15 advance refunding bonds or notes.
1750+16 The certification shall include a specific schedule of
1751+17 debt service payments, including the date and amount of each
1752+18 payment for all outstanding bonds or notes and an estimated
1753+19 schedule of anticipated debt service for all bonds and notes
1754+20 it intends to issue, if any, during that State fiscal year,
1755+21 including the estimated date and estimated amount of each
1756+22 payment.
1757+23 Immediately upon the issuance of bonds for which an
1758+24 estimated schedule of debt service payments was prepared, the
1759+25 Authority shall file an amended certification with respect to
1760+26 item (2) above, to specify the actual schedule of debt service
1761+
1762+
1763+
1764+
1765+
1766+ HB1342 Enrolled - 49 - LRB103 24929 AWJ 51263 b
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1771+1 payments, including the date and amount of each payment, for
1772+2 the remainder of the State fiscal year.
1773+3 On the first day of each month of the State fiscal year in
1774+4 which there are bonds outstanding with respect to which the
1775+5 certification is made, the State Comptroller shall order
1776+6 transferred and the State Treasurer shall transfer from the
1777+7 Road Fund to the Public Transportation Fund the Additional
1778+8 State Assistance and Additional Financial Assistance in an
1779+9 amount equal to the aggregate of (i) one-twelfth of the sum of
1780+10 the amounts certified under items (1) and (3) above less the
1781+11 amount certified under item (4) above, plus (ii) the amount
1782+12 required to pay debt service on bonds and notes issued during
1783+13 the fiscal year, if any, divided by the number of months
1784+14 remaining in the fiscal year after the date of issuance, or
1785+15 some smaller portion as may be necessary under subsection (c)
1786+16 or (c-5) of this Section for the relevant State fiscal year,
1787+17 plus (iii) any cumulative deficiencies in transfers for prior
1788+18 months, until an amount equal to the sum of the amounts
1789+19 certified under items (1) and (3) above, plus the actual debt
1790+20 service certified under item (2) above, less the amount
1791+21 certified under item (4) above, has been transferred; except
1792+22 that these transfers are subject to the following limits:
1793+23 (A) In no event shall the total transfers in any State
1794+24 fiscal year relating to outstanding bonds and notes issued
1795+25 by the Authority under subdivision (g)(2) of Section 4.04
1796+26 exceed the lesser of the annual maximum amount specified
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1807+1 in subsection (c) or the sum of the amounts certified
1808+2 under items (1) and (3) above, plus the actual debt
1809+3 service certified under item (2) above, less the amount
1810+4 certified under item (4) above, with respect to those
1811+5 bonds and notes.
1812+6 (B) In no event shall the total transfers in any State
1813+7 fiscal year relating to outstanding bonds and notes issued
1814+8 by the Authority under subdivision (g)(3) of Section 4.04
1815+9 exceed the lesser of the annual maximum amount specified
1816+10 in subsection (c-5) or the sum of the amounts certified
1817+11 under items (1) and (3) above, plus the actual debt
1818+12 service certified under item (2) above, less the amount
1819+13 certified under item (4) above, with respect to those
1820+14 bonds and notes.
1821+15 The term "outstanding" does not include bonds or notes for
1822+16 which refunding or advance refunding bonds or notes have been
1823+17 issued.
1824+18 (e) Neither Additional State Assistance nor Additional
1825+19 Financial Assistance may be pledged, either directly or
1826+20 indirectly as general revenues of the Authority, as security
1827+21 for any bonds issued by the Authority. The Authority may not
1828+22 assign its right to receive Additional State Assistance or
1829+23 Additional Financial Assistance, or direct payment of
1830+24 Additional State Assistance or Additional Financial
1831+25 Assistance, to a trustee or any other entity for the payment of
1832+26 debt service on its bonds.
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1843+1 (f) The certification required under subsection (d) with
1844+2 respect to outstanding bonds and notes of the Authority shall
1845+3 be filed as early as practicable before the beginning of the
1846+4 State fiscal year to which it relates. The certification shall
1847+5 be revised as may be necessary to accurately state the debt
1848+6 service requirements of the Authority.
1849+7 (g) Within 6 months of the end of each fiscal year, the
1850+8 Authority shall determine:
1851+9 (i) whether the aggregate of all system generated
1852+10 revenues for public transportation in the metropolitan
1853+11 region which is provided by, or under grant or purchase of
1854+12 service contracts with, the Service Boards equals 50% of
1855+13 the aggregate of all costs of providing such public
1856+14 transportation. "System generated revenues" include all
1857+15 the proceeds of fares and charges for services provided,
1858+16 contributions received in connection with public
1859+17 transportation from units of local government other than
1860+18 the Authority, except for contributions received by the
1861+19 Chicago Transit Authority from a real estate transfer tax
1862+20 imposed under subsection (i) of Section 8-3-19 of the
1863+21 Illinois Municipal Code, and from the State pursuant to
1864+22 subsection (i) of Section 2705-305 of the Department of
1865+23 Transportation Law, and all other revenues properly
1866+24 included consistent with generally accepted accounting
1867+25 principles but may not include: the proceeds from any
1868+26 borrowing, and, beginning with the 2007 fiscal year, all
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1879+1 revenues and receipts, including but not limited to fares
1880+2 and grants received from the federal, State or any unit of
1881+3 local government or other entity, derived from providing
1882+4 ADA paratransit service pursuant to Section 2.30 of the
1883+5 Regional Transportation Authority Act. "Costs" include all
1884+6 items properly included as operating costs consistent with
1885+7 generally accepted accounting principles, including
1886+8 administrative costs, but do not include: depreciation;
1887+9 payment of principal and interest on bonds, notes or other
1888+10 evidences of obligations for borrowed money of the
1889+11 Authority; payments with respect to public transportation
1890+12 facilities made pursuant to subsection (b) of Section
1891+13 2.20; any payments with respect to rate protection
1892+14 contracts, credit enhancements or liquidity agreements
1893+15 made under Section 4.14; any other cost as to which it is
1894+16 reasonably expected that a cash expenditure will not be
1895+17 made; costs for passenger security including grants,
1896+18 contracts, personnel, equipment and administrative
1897+19 expenses, except in the case of the Chicago Transit
1898+20 Authority, in which case the term does not include costs
1899+21 spent annually by that entity for protection against crime
1900+22 as required by Section 27a of the Metropolitan Transit
1901+23 Authority Act; the costs of Debt Service paid by the
1902+24 Chicago Transit Authority, as defined in Section 12c of
1903+25 the Metropolitan Transit Authority Act, or bonds or notes
1904+26 issued pursuant to that Section; the payment by the
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1915+1 Commuter Rail Division of debt service on bonds issued
1916+2 pursuant to Section 3B.09; expenses incurred by the
1917+3 Suburban Bus Division for the cost of new public
1918+4 transportation services funded from grants pursuant to
1919+5 Section 2.01e of this Act for a period of 2 years from the
1920+6 date of initiation of each such service; costs as exempted
1921+7 by the Board for projects pursuant to Section 2.09 of this
1922+8 Act; or, beginning with the 2007 fiscal year, expenses
1923+9 related to providing ADA paratransit service pursuant to
1924+10 Section 2.30 of the Regional Transportation Authority Act;
1925+11 or in fiscal years 2008 through 2012 inclusive, costs in
1926+12 the amount of $200,000,000 in fiscal year 2008, reducing
1927+13 by $40,000,000 in each fiscal year thereafter until this
1928+14 exemption is eliminated. If said system generated revenues
1929+15 are less than 50% of said costs, the Board shall remit an
1930+16 amount equal to the amount of the deficit to the State;
1931+17 however, due to the fiscal impacts from the COVID-19
1932+18 pandemic, for fiscal years 2021, 2022, and 2023, 2024, and
1933+19 2025, no such payment shall be required. The Treasurer
1934+20 shall deposit any such payment in the Road Fund; and
1935+21 (ii) whether, beginning with the 2007 fiscal year, the
1936+22 aggregate of all fares charged and received for ADA
1937+23 paratransit services equals the system generated ADA
1938+24 paratransit services revenue recovery ratio percentage of
1939+25 the aggregate of all costs of providing such ADA
1940+26 paratransit services.
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1951+1 (h) If the Authority makes any payment to the State under
1952+2 paragraph (g), the Authority shall reduce the amount provided
1953+3 to a Service Board from funds transferred under paragraph (a)
1954+4 in proportion to the amount by which that Service Board failed
1955+5 to meet its required system generated revenues recovery ratio.
1956+6 A Service Board which is affected by a reduction in funds under
1957+7 this paragraph shall submit to the Authority concurrently with
1958+8 its next due quarterly report a revised budget incorporating
1959+9 the reduction in funds. The revised budget must meet the
1960+10 criteria specified in clauses (i) through (vi) of Section
1961+11 4.11(b)(2). The Board shall review and act on the revised
1962+12 budget as provided in Section 4.11(b)(3).
1963+13 (Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20;
1964+14 102-678, eff. 12-10-21.)
1965+15 Section 90. The State Mandates Act is amended by adding
1966+16 Section 8.47 as follows:
1967+17 (30 ILCS 805/8.47 new)
1968+18 Sec. 8.47. Exempt mandate. Notwithstanding Sections 6 and
1969+19 8 of this Act, no reimbursement by the State is required for
1970+20 the implementation of the mandate created by Section 2.10a of
1971+21 the Regional Transportation Authority Act in this amendatory
1972+22 Act of the 103rd General Assembly.
1973+23 Section 99. Effective date. This Section and Sections 2.41
1974+24 and 2.42 of the Regional Transportation Authority Act take
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