Public Act 103-0281
HB1342 EnrolledLRB103 24929 AWJ 51263 b HB1342 Enrolled LRB103 24929 AWJ 51263 b
HB1342 Enrolled LRB103 24929 AWJ 51263 b
AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Metropolitan Transit Authority Act is
amended by changing Sections 31 and 51 as follows:
(70 ILCS 3605/31) (from Ch. 111 2/3, par. 331)
Sec. 31. The Board shall have power to pass all ordinances
and make all rules and regulations proper or necessary to
regulate the use, operation and maintenance of its property
and facilities, and to carry into effect the powers granted to
the Authority, with such fines or penalties, including
ordinances, rules, and regulations concerning the suspension
of riding privileges or confiscation of fare media under
Section 2.40 of the Regional Transportation Authority Act, as
may be deemed proper. No fine or penalty shall exceed $300.00,
and no imprisonment shall exceed six (6) months for one
offense. All fines and penalties shall be imposed by
ordinances, which shall be published in a newspaper of general
circulation published in the metropolitan area. No such
ordinance shall take effect until ten days after its
publication.
(Source: P.A. 80-937.)
HB1342 Enrolled LRB103 24929 AWJ 51263 b
(70 ILCS 3605/51)
Sec. 51. Free and reduced fare services; eligibility.
(a) Notwithstanding any law to the contrary, no later than
60 days following the effective date of this amendatory Act of
the 95th General Assembly and until subsection (b) is
implemented, any fixed route public transportation services
provided by, or under grant or purchase of service contracts
of, the Board shall be provided without charge to all senior
citizens of the Metropolitan Region (as such term is defined
in 70 ILCS 3615/1.03) aged 65 and older, under such conditions
as shall be prescribed by the Board.
(b) Notwithstanding any law to the contrary, no later than
180 days following the effective date of this amendatory Act
of the 96th General Assembly, any fixed route public
transportation services provided by, or under grant or
purchase of service contracts of, the Board shall be provided
without charge to senior citizens aged 65 and older who meet
the income eligibility limitation set forth in subsection
(a-5) of Section 4 of the Senior Citizens and Persons with
Disabilities Property Tax Relief Act, under such conditions as
shall be prescribed by the Board. The Department on Aging
shall furnish all information reasonably necessary to
determine eligibility, including updated lists of individuals
who are eligible for services without charge under this
Section. Nothing in this Section shall relieve the Board from
providing reduced fares as may be required by federal law.
(c) The Board shall partner with the City of Chicago to
provide transportation at reduced fares for participants in
programs that offer employment and internship opportunities to
youth and young adults ages 14 through 24.
(Source: P.A. 99-143, eff. 7-27-15.)
Section 10. The Local Mass Transit District Act is amended
by changing Section 5 and adding Section 5.6 as follows:
(70 ILCS 3610/5) (from Ch. 111 2/3, par. 355)
Sec. 5. (a) The Board of Trustees of every District may
establish or acquire any or all manner of mass transit
facility. The Board may engage in the business of
transportation of passengers on scheduled routes and by
contract on nonscheduled routes within the territorial limits
of the counties or municipalities creating the District, by
whatever means it may decide. Its routes may be extended
beyond such territorial limits with the consent of the
governing bodies of the municipalities or counties into which
such operation is extended.
(b) The Board of Trustees of every District may for the
purposes of the District, acquire by gift, purchase, lease,
legacy, condemnation, or otherwise and hold, use, improve,
maintain, operate, own, manage or lease, as lessor or lessee,
such cars, buses, equipment, buildings, structures, real and
personal property, and interests therein, and services, lands
for terminal and other related facilities, improvements and
services, or any interest therein, including all or any part
of the plant, land, buildings, equipment, vehicles, licenses,
franchises, patents, property, service contracts and
agreements of every kind and nature. Real property may be so
acquired if it is situated within or partially within the area
served by the District or if it is outside the area if it is
desirable or necessary for the purposes of the District.
(c) The Board of Trustees of every District which
establishes, provides, or acquires mass transit facilities or
services may contract with any person or corporation or public
or private entity for the operation or provision thereof upon
such terms and conditions as the District shall determine.
(d) The Board of Trustees of every District shall have the
authority to contract for any and all purposes of the
District, including with an interstate transportation
authority, or with another local Mass Transit District or any
other municipal, public, or private corporation entity in the
transportation business including the authority to contract to
lease its or otherwise provide land, buildings, and equipment,
and other related facilities, improvements, and services, for
the carriage of passengers beyond the territorial limits of
the District or to subsidize transit operations by a public or
private or municipal corporation operating entity providing
mass transit facilities.
(e) The Board of Trustees of every District shall have the
authority to establish, alter and discontinue transportation
routes and services and any or all ancillary or supporting
facilities and services, and to establish and amend rate
schedules for the transportation of persons thereon or for the
public or private use thereof which rate schedules shall,
together with any grants, receipts or income from other
sources, be sufficient to pay the expenses of the District,
the repair, maintenance and the safe and adequate operation of
its mass transit facilities and public mass transportation
system and to fulfill the terms of its debts, undertakings,
and obligations.
(f) The Board of Trustees of every District shall have
perpetual succession and shall have the following powers in
addition to any others in this Act granted:
(1) to sue and be sued;
(2) to adopt and use a seal;
(3) to make and execute contracts loans, leases,
subleases, installment purchase agreements, contracts,
notes and other instruments evidencing financial
obligations, and other instruments necessary or convenient
in the exercise of its powers;
(4) to make, amend and repeal bylaws, rules and
regulations not inconsistent with this Act, including
rules and regulations proper or necessary to regulate the
use, operation, and maintenance of its properties and
facilities and to carry into effect the powers granted to
the Board of Trustees, with any necessary fines or
penalties, such as the suspension of riding privileges or
confiscation of fare media under Section 5.6, as the Board
deems proper;
(5) to sell, lease, sublease, license, transfer,
convey or otherwise dispose of any of its real or personal
property, or interests therein, in whole or in part, at
any time upon such terms and conditions as it may
determine, with public bidding if the value exceeds $1,000
at negotiated, competitive, public, or private sale;
(6) to invest funds, not required for immediate
disbursement, in property, agreements, or securities legal
for investment of public funds controlled by savings banks
under applicable law;
(7) to mortgage, pledge, hypothecate or otherwise
encumber all or any part of its real or personal property
or other assets, or interests therein;
(8) to apply for, accept and use grants, loans or
other financial assistance from any private entity or
municipal, county, State or Federal governmental agency or
other public entity;
(9) to borrow money from the United States Government
or any agency thereof, or from any other public or private
source, for the purposes of the District and, as evidence
thereof, to issue its revenue bonds, payable solely from
the revenue derived from the operation of the District.
These bonds may be issued with maturities not exceeding 40
years from the date of the bonds, and in such amounts as
may be necessary to provide sufficient funds, together
with interest, for the purposes of the District. These
bonds shall bear interest at a rate of not more than the
maximum rate authorized by the Bond Authorization Act, as
amended at the time of the making of the contract of sale,
payable semi-annually, may be made registerable as to
principal, and may be made payable and callable as
provided on any interest payment date at a price of par and
accrued interest under such terms and conditions as may be
fixed by the ordinance authorizing the issuance of the
bonds. Bonds issued under this Section are negotiable
instruments. They shall be executed by the chairman and
members of the Board of Trustees, attested by the
secretary, and shall be sealed with the corporate seal of
the District. In case any Trustee or officer whose
signature appears on the bonds or coupons ceases to hold
that office before the bonds are delivered, such officer's
signature, shall nevertheless be valid and sufficient for
all purposes, the same as though such officer had remained
in office until the bonds were delivered. The bonds shall
be sold in such manner and upon such terms as the Board of
Trustees shall determine, except that the selling price
shall be such that the interest cost to the District of the
proceeds of the bonds shall not exceed the maximum rate
authorized by the Bond Authorization Act, as amended at
the time of the making of the contract of sale, payable
semi-annually, computed to maturity according to the
standard table of bond values.
The ordinance shall fix the amount of revenue bonds
proposed to be issued, the maturity or maturities, the
interest rate, which shall not exceed the maximum rate
authorized by the Bond Authorization Act, as amended at
the time of the making of the contract of sale, and all the
details in connection with the bonds. The ordinance may
contain such covenants and restrictions upon the issuance
of additional revenue bonds thereafter, which will share
equally in the revenue of the District, as may be deemed
necessary or advisable for the assurance of the payment of
the bonds first issued. Any District may also provide in
the ordinance authorizing the issuance of bonds under this
Section that the bonds, or such ones thereof as may be
specified, shall, to the extent and in the manner
prescribed, be subordinated and be junior in standing,
with respect to the payment of principal and interest and
the security thereof, to such other bonds as are
designated in the ordinance.
The ordinance shall pledge the revenue derived from
the operations of the District for the purpose of paying
the cost of operation and maintenance of the District,
and, as applicable, providing adequate depreciation funds,
and paying the principal of and interest on the bonds of
the District issued under this Section;
(10) subject to Section 5.1, to levy a tax on property
within the District at the rate of not to exceed .25% on
the assessed value of such property in the manner provided
in the Illinois Municipal Budget Law;
(11) to issue tax anticipation warrants;
(12) to contract with any school district in this
State to provide for the transportation of pupils to and
from school within such district pursuant to the
provisions of Section 29-15 of the School Code;
(13) to provide for the insurance of any property,
directors, officers, employees or operations of the
District against any risk or hazard, and to self-insure or
participate in joint self-insurance pools or entities to
insure against such risk or hazard;
(14) to use its established funds, personnel, and
other resources to acquire, construct, operate, and
maintain bikeways and trails. Districts may cooperate with
other governmental and private agencies in bikeway and
trail programs; and
(15) to acquire, own, maintain, construct,
reconstruct, improve, repair, operate or lease any
light-rail public transportation system, terminal,
terminal facility, public airport, or bridge or toll
bridge across waters with any city, state, or both.
With respect to instruments for the payment of money
issued under this Section either before, on, or after June 6,
1989 (the effective date of Public Act 86-4), it is and always
has been the intention of the General Assembly (i) that the
Omnibus Bond Acts are and always have been supplementary
grants of power to issue instruments in accordance with the
Omnibus Bond Acts, regardless of any provision of this Act
that may appear to be or to have been more restrictive than
those Acts, (ii) that the provisions of this Section are not a
limitation on the supplementary authority granted by the
Omnibus Bond Acts, and (iii) that instruments issued under
this Section within the supplementary authority granted by the
Omnibus Bond Acts are not invalid because of any provision of
this Act that may appear to be or to have been more restrictive
than those Acts.
This Section shall be liberally construed to give effect
to its purposes.
(Source: P.A. 99-642, eff. 7-28-16.)
(70 ILCS 3610/5.6 new)
Sec. 5.6. Suspension of riding privileges and confiscation
of fare media.
(a) As used in this Section, "demographic information"
includes, but is not limited to, age, race, ethnicity, gender,
and housing status, as that term is defined under Section 10 of
the Bill of Rights for the Homeless Act.
(b) Suspension of riding privileges and confiscation of
fare media are limited to:
(1) violations where the person's conduct places
transit employees or transit passengers in reasonable
apprehension of a threat to their safety or the safety of
others, including assault and battery, as those terms are
defined under Sections 12-1 and 12-3 of the Criminal Code
of 2012;
(2) violations where the person's conduct places
transit employees or transit passengers in reasonable
apprehension of a threat of a criminal sexual assault, as
that term is defined under Section 11-1.20 of the Criminal
Code of 2012; and
(3) violations involving an act of public indecency,
as that term is defined in Section 11-30 of the Criminal
Code of 2012.
(c) Written notice shall be provided to an individual
regarding the suspension of the individual's riding privileges
or confiscation of fare media. The notice shall be provided in
person at the time of the alleged violation, except that, if
providing notice in person at the time of the alleged
violation is not practicable, then the Authority shall make a
reasonable effort to provide notice to the individual by
either personal service, by mailing a copy of the notice by
certified mail, return receipt requested, and first-class mail
to the person's current address, or by emailing a copy of the
notice to an email address on file, if available. If the person
is known to be detained in jail, service shall be made as
provided under Section 2-203.2 of the Code of Civil Procedure.
The written notice shall be sufficient to inform the
individual about the following:
(1) the nature of the suspension of riding privileges
or confiscation of fare media;
(2) the person's rights and available remedies to
contest or appeal the suspension of riding privileges or
confiscation of fare media and to apply for reinstatement
of riding privileges; and
(3) the procedures for adjudicating whether a
suspension or confiscation is warranted and for applying
for reinstatement of riding privileges, including the time
and location of any hearing.
The process to determine whether a suspension or riding
privileges or confiscation of fare media is warranted and the
length of the suspension shall be concluded within 30 business
days after the individual receives notice of the suspension or
confiscation.
Notwithstanding any other provision of this Section, no
person shall be denied the ability to contest or appeal a
suspension of riding privileges or confiscation of fare media,
or to attend a hearing to determine whether a suspension or
confiscation was warranted, because the person was detained in
a jail.
(d) Each Board shall create an administrative suspension
hearing process as follows:
(1) A Board shall designate an official to oversee the
administrative process to decide whether a suspension is
warranted and the length of the suspension.
(2) The accused and related parties, including legal
counsel, may attend this hearing in person, by telephone,
or virtually.
(3) The Board shall present the suspension-related
evidence and outline the evidence that supports the need
for the suspension.
(4) The accused or the accused's legal counsel can
present and may make an oral or written presentation and
offer documents, including affidavits, in response to the
Board's evidence.
(5) The Board's designated official shall make a
finding on the suspension.
(6) The value of unexpended credit or unexpired passes
shall be reimbursed upon suspension of riding privileges
or confiscation of fare media.
(7) The alleged victims of the violation and related
parties, including witnesses who were present, may attend
this hearing in person, by telephone, or virtually.
(8) The alleged victims of the violation and related
parties, including witnesses who were present, can present
and may make an oral or written presentation and offer
documents, including affidavits, in response to the
Board's evidence.
(e) Each Board shall create a process to appeal and
reinstate ridership privileges. This information shall be
provided to the suspended rider at the time of the Board's
findings. A suspended rider is entitled to 2 appeals after the
Board's finding to suspend the person's ridership. A suspended
rider may petition the Board to reinstate the person's
ridership privileges one calendar year after the Board's
suspension finding if the length of the suspension is more
than one year.
(f) Each Board shall collect, report, and make publicly
available in a quarterly timeframe the number and demographic
information of people subject to suspension of riding
privileges or confiscation of fare media, the conduct leading
to the suspension or confiscation, as well as the location and
description of the location where the conduct occurred, such
as identifying the transit station or transit line, date, and
time of day, a citation to the statutory authority for which
the accused person was arrested or charged, the amount, if
any, on the fare media, and the length of the suspension.
Section 15. The Regional Transportation Authority Act is
amended by changing Sections 3A.09, 4.01, and 4.09 and by
adding Sections 2.10a, 2.40, 2.41, 2.42, 3.12, and 3B.09c as
follows:
(70 ILCS 3615/2.10a new)
Sec. 2.10a. Zero-emission buses.
(a) As used in this Section:
"Zero-emission bus" means a bus that is:
(1) designed to carry more than 10 passengers and is
used to carry passengers for compensation.
(2) a zero-emission vehicle; and
(3) not a taxi.
"Zero-emission vehicle" means a fuel cell or electric
vehicle that:
(1) is a motor vehicle;
(2) is made by a commercial manufacturer;
(3) is manufactured primarily for use on public
streets, roads, and highways;
(4) has a maximum speed capability of at least 55
miles per hour;
(5) is powered entirely by electricity or powered by
combining hydrogen and oxygen, which runs the motor;
(6) has an operating range of at least 100 miles; and
(7) produces only water vapor and heat as byproducts.
(b) On or after July 1, 2026, a Service Board may not enter
into a new contract to purchase a bus that is not a
zero-emission bus for the purpose of the Service Board's
transit bus fleet.
(c) For the purposes of determining compliance with this
Section, a Service Board shall not be deemed to be in violation
of this Section when failure to comply is due to:
(1) the unavailability of zero-emission buses from a
manufacturer or funding to purchase zero-emission buses;
(2) the lack of necessary charging, fueling, or
storage facilities or funding to procure charging,
fueling, or storage facilities; or
(3) the inability of a third party to enter into a
contractual or commercial relationship with a Service
Board that is necessary to carry out the purposes of this
Section.
(70 ILCS 3615/2.40 new)
Sec. 2.40. Suspension of riding privileges and
confiscation of fare media.
(a) As used in this Section, "demographic information"
includes, but is not limited to, age, race, ethnicity, gender,
and housing status, as that term is defined under Section 10 of
the Bill of Rights for the Homeless Act.
(b) Suspension of riding privileges and confiscation of
fare media are limited to:
(1) violations where the person's conduct places
transit employees or transit passengers in reasonable
apprehension of a threat to their safety or the safety of
others, including assault and battery, as those terms are
defined under Sections 12-1 and 12-3 of the Criminal Code
of 2012;
(2) violations where the person's conduct places
transit employees or transit passengers in reasonable
apprehension of a threat of a criminal sexual assault, as
that term is defined under Section 11-1.20 of the Criminal
Code of 2012; and
(3) violations involving an act of public indecency,
as that term is defined in Section 11-30 of the Criminal
Code of 2012.
(c) Written notice shall be provided to an individual
regarding the suspension of the individual's riding privileges
or confiscation of fare media. The notice shall be provided in
person at the time of the alleged violation, except that, if
providing notice in person at the time of the alleged
violation is not practicable, then the Authority shall make a
reasonable effort to provide notice to the individual by
personal service, by mailing a copy of the notice by certified
mail, return receipt requested, and first-class mail to the
person's current address, or by emailing a copy of the notice
to an email address on file, if available. If the person is
known to be detained in jail, service shall be made as provided
under Section 2-203.2 of the Code of Civil Procedure. The
written notice shall be sufficient to inform the individual
about the following:
(1) the nature of the suspension of riding privileges
or confiscation of fare media;
(2) the person's rights and available remedies to
contest or appeal the suspension of riding privileges or
confiscation of fare media and to apply for reinstatement
of riding privileges; and
(3) the procedures for adjudicating whether a
suspension or confiscation is warranted and for applying
for reinstatement of riding privileges, including the time
and location of any hearing.
The process to determine whether a suspension or riding
privileges or confiscation of fare media is warranted and the
length of the suspension shall be concluded within 30 business
days after the individual receives notice of the suspension or
confiscation.
Notwithstanding any other provision of this Section, no
person shall be denied the ability to contest or appeal a
suspension of riding privileges or confiscation of fare media,
or to attend a hearing to determine whether a suspension or
confiscation was warranted, because the person was detained in
a jail.
(d) Each Service Board shall create an administrative
suspension hearing process as follows:
(1) A Service Board shall designate an official to
oversee the administrative process to decide whether a
suspension is warranted and the length of the suspension.
(2) The accused and related parties, including legal
counsel, may attend this hearing in person, by telephone,
or virtually.
(3) The Service Board shall present the
suspension-related evidence and outline the evidence that
supports the need for the suspension.
(4) The accused or the accused's legal counsel can
present and may make an oral or written presentation and
offer documents, including affidavits, in response to the
Service Board's evidence.
(5) The Service Board's designated official shall make
a finding on the suspension.
(6) The value of unexpended credit or unexpired passes
shall be reimbursed upon suspension of riding privileges
or confiscation of fare media.
(7) The alleged victims of the violation and related
parties, including witnesses who were present, may attend
this hearing in person, by telephone, or virtually.
(8) The alleged victims of the violation and related
parties, including witnesses who were present, can present
and may make an oral or written presentation and offer
documents, including affidavits, in response to the
Service Board's evidence.
(e) Each Service Board shall create a process to appeal
and reinstate ridership privileges. This information shall be
provided to the suspended rider at the time of the Service
Board's findings. A suspended rider is entitled to 2 appeals
after the Service Board's finding to suspend the person's
ridership. A suspended rider may petition the Service Board to
reinstate the person's ridership privileges one calendar year
after the Service Board's suspension finding if the length of
the suspension is more than one year.
(f) Each Service Board shall collect, report, and make
publicly available in a quarterly timeframe the number and
demographic information of people subject to suspension of
riding privileges or confiscation of fare media, the conduct
leading to the suspension or confiscation, as well as the
location and description of the location where the conduct
occurred, such as identifying the transit station or transit
line, date, and time of day, a citation to the statutory
authority for which the accused person was arrested or
charged, the amount, if any, on the fare media, and the length
of the suspension.
(70 ILCS 3615/2.41 new)
Sec. 2.41. Domestic Violence and Sexual Assault Regional
Transit Authority Public Transportation Assistance Program.
(a) No later than 90 days after the effective date of this
amendatory Act of the 103rd General Assembly, the Authority
shall create the Domestic Violence and Sexual Assault Regional
Transit Authority Public Transportation Assistance Program to
serve residents of the Authority.
Through this Program, the Authority shall issue monetarily
preloaded mass transit cards to The Network: Advocating
Against Domestic Violence for survivor and victim use of
public transportation through Chicago Transit Authority, the
Suburban Bus Division, and the Commuter Rail Division.
The Authority shall coordinate with The Network:
Advocating Against Domestic Violence to issue no less than
25,000 monetarily preloaded mass transit cards with a value of
$20 per card for distribution to domestic violence and sexual
assault service providers throughout the Authority's
jurisdiction, including the counties of Cook, Kane, DuPage,
Will, Lake, and McHenry.
The mass transit card shall be plastic or laminated and
wallet-sized, contain no information that would reference
domestic violence or sexual assault services, and have no
expiration date. The cards shall also be available
electronically and shall be distributed to domestic violence
and sexual assault direct service providers to distribute to
survivors.
The total number of mass transit cards shall be
distributed to domestic violence and sexual assault service
providers throughout the Authority's region based on the
average number of clients served in 2021 and 2022 in
comparison to the total number of mass transit cards granted
by the Authority.
(b) The creation of the Program shall include an
appointment of a domestic violence or sexual assault program
service provider or a representative of the service provider's
choosing to the Authority's Citizen Advisory Board.
The Network: Advocating Against Domestic Violence shall
provide an annual report of the program, including a list of
service providers receiving the mass transit cards, the total
number of cards received by each service provider, and an
estimated number of survivors and victims of domestic violence
and sexual assault participating in the program. The report
shall also include survivor testimonies of the program and
shall include program provided recommendations on improving
implementation of the Program. The report shall be provided to
the Regional Transit Authority one calendar year after the
creation of the Program.
In partnership with The Network: Advocating Against
Domestic Violence, the Authority shall report this information
to the Board and the Citizen Advisory Board and compile an
annual report of the Program to the General Assembly and to
domestic violence and sexual assault service providers in the
service providers' jurisdiction and include recommendations
for improving implementation of the Program.
(70 ILCS 3615/2.42 new)
Sec. 2.42. Youth and young adults internships and
employment. By January 1, 2024, the Suburban Bus Board and the
Commuter Rail Board shall create or partner with a youth jobs
program to provide internship or employment opportunities to
youth and young adults.
(70 ILCS 3615/3.12 new)
Sec. 3.12. Reduced or free transit fare study.
(a) By July 1, 2024, the Authority shall conduct a study
and submit a report to the Governor and General Assembly
regarding free and reduced fares and the development of a more
equitable fare structure for the regional transit system. The
study shall include:
(1) The impact and feasibility of providing year-round
reduced or free transit fares, including, but not limited
to, veterans, returning residents, students and youths,
people experiencing low-incomes, and other riders who are
not currently receiving free or reduced fares.
(2) A review of all reduced fare programs administered
by the Authority and the service boards, which includes
information on accounting of the total cost of the
program, costs to increase the program, current sources of
funding for the program, and recommendations to increase
enrollment in current reduced fare and free-ride programs
and any other recommendations for improvements to the
programs.
(3) Analysis of how reduced and free ride programs and
changes in eligibility and funding for these programs
would affect the regional transit operating budget.
(b) In this Section, "returning resident" means any United
States resident who is 17 years of age or older and has been in
and left the physical custody of the Department of Corrections
within the last 36 months.
(70 ILCS 3615/3A.09) (from Ch. 111 2/3, par. 703A.09)
Sec. 3A.09. General powers. In addition to any powers
elsewhere provided to the Suburban Bus Board, it shall have
all of the powers specified in Section 2.20 of this Act except
for the powers specified in Section 2.20(a)(v). The Board
shall also have the power:
(a) to cooperate with the Regional Transportation
Authority in the exercise by the Regional Transportation
Authority of all the powers granted it by such Act;
(b) to receive funds from the Regional Transportation
Authority pursuant to Sections 2.02, 4.01, 4.02, 4.09 and
4.10 of the Regional Transportation Authority Act, all as
provided in the Regional Transportation Authority Act;
(c) to receive financial grants from the Regional
Transportation Authority or a Service Board, as defined in
the Regional Transportation Authority Act, upon such terms
and conditions as shall be set forth in a grant contract
between either the Division and the Regional
Transportation Authority or the Division and another
Service Board, which contract or agreement may be for such
number of years or duration as the parties agree, all as
provided in the Regional Transportation Authority Act;
(d) to perform all functions necessary for the
provision of paratransit services under Section 2.30 of
this Act; and
(e) to borrow money for the purposes of: (i)
constructing a new garage in the northwestern Cook County
suburbs, (ii) converting the South Cook garage in Markham
to a Compressed Natural Gas facility, (iii) constructing a
new paratransit garage in DuPage County, (iv) expanding
the North Shore garage in Evanston to accommodate
additional indoor bus parking, and (v) purchasing new
transit buses. For the purpose of evidencing the
obligation of the Suburban Bus Board to repay any money
borrowed as provided in this subsection, the Suburban Bus
Board may issue revenue bonds from time to time pursuant
to ordinance adopted by the Suburban Bus Board, subject to
the approval of the Regional Transportation Authority of
each such issuance by the affirmative vote of 12 of its
then Directors; provided that the Suburban Bus Board may
not issue bonds for the purpose of financing the
acquisition, construction, or improvement of any facility
other than those listed in this subsection (e). All such
bonds shall be payable solely from the revenues or income
or any other funds that the Suburban Bus Board may
receive, provided that the Suburban Bus Board may not
pledge as security for such bonds the moneys, if any, that
the Suburban Bus Board receives from the Regional
Transportation Authority pursuant to Section 4.03.3(f) of
the Regional Transportation Authority Act. The bonds shall
bear interest at a rate not to exceed the maximum rate
authorized by the Bond Authorization Act and shall mature
at such time or times not exceeding 25 years from their
respective dates. Bonds issued pursuant to this paragraph
must be issued with scheduled principal or mandatory
redemption payments in equal amounts in each fiscal year
over the term of the bonds, with the first principal or
mandatory redemption payment scheduled within the fiscal
year in which bonds are issued or within the next
succeeding fiscal year. At least 25%, based on total
principal amount, of all bonds authorized pursuant to this
Section shall be sold pursuant to notice of sale and
public bid. No more than 75%, based on total principal
amount, of all bonds authorized pursuant to this Section
shall be sold by negotiated sale. The maximum principal
amount of the bonds that may be issued may not exceed
$100,000,000. The bonds shall have all the qualities of
negotiable instruments under the laws of this State. To
secure the payment of any or all of such bonds and for the
purpose of setting forth the covenants and undertakings of
the Suburban Bus Board in connection with the issuance
thereof and the issuance of any additional bonds payable
from such revenue or income as well as the use and
application of the revenue or income received by the
Suburban Bus Board, the Suburban Bus Board may execute and
deliver a trust agreement or agreements; provided that no
lien upon any physical property of the Suburban Bus Board
shall be created thereby. A remedy for any breach or
default of the terms of any such trust agreement by the
Suburban Bus Board may be by mandamus proceedings in any
court of competent jurisdiction to compel performance and
compliance therewith, but the trust agreement may
prescribe by whom or on whose behalf such action may be
instituted. Under no circumstances shall any bonds issued
by the Suburban Bus Board or any other obligation of the
Suburban Bus Board in connection with the issuance of such
bonds be or become an indebtedness or obligation of the
State of Illinois, the Regional Transportation Authority,
or any other political subdivision of or municipality
within the State, nor shall any such bonds or obligations
be or become an indebtedness of the Suburban Bus Board
within the purview of any constitutional limitation or
provision, and it shall be plainly stated on the face of
each bond that it does not constitute such an indebtedness
or obligation but is payable solely from the revenues or
income as aforesaid; and .
(f) to adopt ordinances and make all rules and
regulations proper or necessary to regulate the use,
operation, and maintenance of its property and facilities
and to carry into effect the powers granted to the
Suburban Bus Board, with any necessary fines or penalties,
such as the suspension of riding privileges or
confiscation of fare media under Section 2.40, as the
Board deems proper.
(Source: P.A. 99-665, eff. 7-29-16.)
(70 ILCS 3615/3B.09c new)
Sec. 3B.09c. Regulation of the use, operation, and
maintenance of property. The Chief of Police of the Metra
Police Department may make rules and regulations proper or
necessary to regulate the use, operation, and maintenance of
the property and facilities of the Commuter Rail Board and to
carry into effect the powers granted to the Chief by the
Commuter Rail Board, with any necessary fines or penalties,
such as the suspension of riding privileges or confiscation of
fare media under Section 2.40, that the Chief deems proper.
(70 ILCS 3615/4.01) (from Ch. 111 2/3, par. 704.01)
Sec. 4.01. Budget and Program.
(a) The Board shall control the finances of the Authority.
It shall by ordinance adopted by the affirmative vote of at
least 12 of its then Directors (i) appropriate money to
perform the Authority's purposes and provide for payment of
debts and expenses of the Authority, (ii) take action with
respect to the budget and two-year financial plan of each
Service Board, as provided in Section 4.11, and (iii) adopt an
Annual Budget and Two-Year Financial Plan for the Authority
that includes the annual budget and two-year financial plan of
each Service Board that has been approved by the Authority.
The Annual Budget and Two-Year Financial Plan shall contain a
statement of the funds estimated to be on hand for the
Authority and each Service Board at the beginning of the
fiscal year, the funds estimated to be received from all
sources for such year, the estimated expenses and obligations
of the Authority and each Service Board for all purposes,
including expenses for contributions to be made with respect
to pension and other employee benefits, and the funds
estimated to be on hand at the end of such year. The fiscal
year of the Authority and each Service Board shall begin on
January 1st and end on the succeeding December 31st. By July
1st of each year the Director of the Illinois Governor's
Office of Management and Budget (formerly Bureau of the
Budget) shall submit to the Authority an estimate of revenues
for the next fiscal year of the Authority to be collected from
the taxes imposed by the Authority and the amounts to be
available in the Public Transportation Fund and the Regional
Transportation Authority Occupation and Use Tax Replacement
Fund and the amounts otherwise to be appropriated by the State
to the Authority for its purposes. The Authority shall file a
copy of its Annual Budget and Two-Year Financial Plan with the
General Assembly and the Governor after its adoption. Before
the proposed Annual Budget and Two-Year Financial Plan is
adopted, the Authority shall hold at least one public hearing
thereon in the metropolitan region, and shall meet with the
county board or its designee of each of the several counties in
the metropolitan region. After conducting such hearings and
holding such meetings and after making such changes in the
proposed Annual Budget and Two-Year Financial Plan as the
Board deems appropriate, the Board shall adopt its annual
appropriation and Annual Budget and Two-Year Financial Plan
ordinance. The ordinance may be adopted only upon the
affirmative votes of 12 of its then Directors. The ordinance
shall appropriate such sums of money as are deemed necessary
to defray all necessary expenses and obligations of the
Authority, specifying purposes and the objects or programs for
which appropriations are made and the amount appropriated for
each object or program. Additional appropriations, transfers
between items and other changes in such ordinance may be made
from time to time by the Board upon the affirmative votes of 12
of its then Directors.
(b) The Annual Budget and Two-Year Financial Plan shall
show a balance between anticipated revenues from all sources
and anticipated expenses including funding of operating
deficits or the discharge of encumbrances incurred in prior
periods and payment of principal and interest when due, and
shall show cash balances sufficient to pay with reasonable
promptness all obligations and expenses as incurred.
The Annual Budget and Two-Year Financial Plan must show:
(i) that the level of fares and charges for mass
transportation provided by, or under grant or purchase of
service contracts of, the Service Boards is sufficient to
cause the aggregate of all projected fare revenues from
such fares and charges received in each fiscal year to
equal at least 50% of the aggregate costs of providing
such public transportation in such fiscal year. However,
due to the fiscal impacts of the COVID-19 pandemic, the
aggregate of all projected fare revenues from such fares
and charges received in fiscal years 2021, 2022, and 2023,
2024, and 2025 may be less than 50% of the aggregate costs
of providing such public transportation in those fiscal
years. "Fare revenues" include the proceeds of all fares
and charges for services provided, contributions received
in connection with public transportation from units of
local government other than the Authority, except for
contributions received by the Chicago Transit Authority
from a real estate transfer tax imposed under subsection
(i) of Section 8-3-19 of the Illinois Municipal Code, and
from the State pursuant to subsection (i) of Section
2705-305 of the Department of Transportation Law (20 ILCS
2705/2705-305), and all other operating revenues properly
included consistent with generally accepted accounting
principles but do not include: the proceeds of any
borrowings, and, beginning with the 2007 fiscal year, all
revenues and receipts, including but not limited to fares
and grants received from the federal, State or any unit of
local government or other entity, derived from providing
ADA paratransit service pursuant to Section 2.30 of the
Regional Transportation Authority Act. "Costs" include all
items properly included as operating costs consistent with
generally accepted accounting principles, including
administrative costs, but do not include: depreciation;
payment of principal and interest on bonds, notes or other
evidences of obligation for borrowed money issued by the
Authority; payments with respect to public transportation
facilities made pursuant to subsection (b) of Section 2.20
of this Act; any payments with respect to rate protection
contracts, credit enhancements or liquidity agreements
made under Section 4.14; any other cost to which it is
reasonably expected that a cash expenditure will not be
made; costs for passenger security including grants,
contracts, personnel, equipment and administrative
expenses, except in the case of the Chicago Transit
Authority, in which case the term does not include costs
spent annually by that entity for protection against crime
as required by Section 27a of the Metropolitan Transit
Authority Act; the payment by the Chicago Transit
Authority of Debt Service, as defined in Section 12c of
the Metropolitan Transit Authority Act, on bonds or notes
issued pursuant to that Section; the payment by the
Commuter Rail Division of debt service on bonds issued
pursuant to Section 3B.09; expenses incurred by the
Suburban Bus Division for the cost of new public
transportation services funded from grants pursuant to
Section 2.01e of this amendatory Act of the 95th General
Assembly for a period of 2 years from the date of
initiation of each such service; costs as exempted by the
Board for projects pursuant to Section 2.09 of this Act;
or, beginning with the 2007 fiscal year, expenses related
to providing ADA paratransit service pursuant to Section
2.30 of the Regional Transportation Authority Act; and in
fiscal years 2008 through 2012 inclusive, costs in the
amount of $200,000,000 in fiscal year 2008, reducing by
$40,000,000 in each fiscal year thereafter until this
exemption is eliminated; and
(ii) that the level of fares charged for ADA
paratransit services is sufficient to cause the aggregate
of all projected revenues from such fares charged and
received in each fiscal year to equal at least 10% of the
aggregate costs of providing such ADA paratransit
services. However, due to the fiscal impacts of the
COVID-19 pandemic, the aggregate of all projected fare
revenues from such fares and charges received in fiscal
years 2021, 2022, and 2023, 2024, and 2025 may be less than
10% of the aggregate costs of providing such ADA
paratransit services in those fiscal years. For purposes
of this Act, the percentages in this subsection (b)(ii)
shall be referred to as the "system generated ADA
paratransit services revenue recovery ratio". For purposes
of the system generated ADA paratransit services revenue
recovery ratio, "costs" shall include all items properly
included as operating costs consistent with generally
accepted accounting principles. However, the Board may
exclude from costs an amount that does not exceed the
allowable "capital costs of contracting" for ADA
paratransit services pursuant to the Federal Transit
Administration guidelines for the Urbanized Area Formula
Program.
The Authority shall file a statement certifying that the
Service Boards published the data described in subsection
(b-5) with the General Assembly and the Governor after
adoption of the Annual Budget and Two-Year Financial Plan
required by subsection (a). If the Authority fails to file a
statement certifying publication of the data, then the
appropriations to the Department of Transportation for grants
to the Authority intended to reimburse the Service Boards for
providing free and reduced fares shall be withheld.
(b-5) For fiscal years 2024 and 2025, the Service Boards
must publish a monthly comprehensive set of data regarding
transit service and safety. The data included shall include
information to track operations including:
(1) staffing levels, including numbers of budgeted
positions, current positions employed, hired staff,
attrition, staff in training, and absenteeism rates;
(2) scheduled service and delivered service, including
percentage of scheduled service delivered by day, service
by mode of transportation, service by route and rail line,
total number of revenue miles driven, excess wait times by
day, by mode of transportation, by bus route, and by stop;
and
(3) safety on the system, including the number of
incidents of crime and code of conduct violations on
system, any performance measures used to evaluate the
effectiveness of investments in private security, safety
equipment, and other security investments in the system.
If no performance measures exist to evaluate the
effectiveness of these safety investments, the Service
Boards and Authority shall develop and publish these
performance measures.
The Authority and Service Boards shall solicit input and
ideas on publishing data on the service reliability,
operations, and safety of the system from the public and
groups representing transit riders, workers, and businesses.
(c) The actual administrative expenses of the Authority
for the fiscal year commencing January 1, 1985 may not exceed
$5,000,000. The actual administrative expenses of the
Authority for the fiscal year commencing January 1, 1986, and
for each fiscal year thereafter shall not exceed the maximum
administrative expenses for the previous fiscal year plus 5%.
"Administrative expenses" are defined for purposes of this
Section as all expenses except: (1) capital expenses and
purchases of the Authority on behalf of the Service Boards;
(2) payments to Service Boards; and (3) payment of principal
and interest on bonds, notes or other evidence of obligation
for borrowed money issued by the Authority; (4) costs for
passenger security including grants, contracts, personnel,
equipment and administrative expenses; (5) payments with
respect to public transportation facilities made pursuant to
subsection (b) of Section 2.20 of this Act; and (6) any
payments with respect to rate protection contracts, credit
enhancements or liquidity agreements made pursuant to Section
4.14.
(d) This subsection applies only until the Department
begins administering and enforcing an increased tax under
Section 4.03(m) as authorized by this amendatory Act of the
95th General Assembly. After withholding 15% of the proceeds
of any tax imposed by the Authority and 15% of money received
by the Authority from the Regional Transportation Authority
Occupation and Use Tax Replacement Fund, the Board shall
allocate the proceeds and money remaining to the Service
Boards as follows: (1) an amount equal to 85% of the proceeds
of those taxes collected within the City of Chicago and 85% of
the money received by the Authority on account of transfers to
the Regional Transportation Authority Occupation and Use Tax
Replacement Fund from the County and Mass Transit District
Fund attributable to retail sales within the City of Chicago
shall be allocated to the Chicago Transit Authority; (2) an
amount equal to 85% of the proceeds of those taxes collected
within Cook County outside the City of Chicago and 85% of the
money received by the Authority on account of transfers to the
Regional Transportation Authority Occupation and Use Tax
Replacement Fund from the County and Mass Transit District
Fund attributable to retail sales within Cook County outside
of the city of Chicago shall be allocated 30% to the Chicago
Transit Authority, 55% to the Commuter Rail Board and 15% to
the Suburban Bus Board; and (3) an amount equal to 85% of the
proceeds of the taxes collected within the Counties of DuPage,
Kane, Lake, McHenry and Will shall be allocated 70% to the
Commuter Rail Board and 30% to the Suburban Bus Board.
(e) This subsection applies only until the Department
begins administering and enforcing an increased tax under
Section 4.03(m) as authorized by this amendatory Act of the
95th General Assembly. Moneys received by the Authority on
account of transfers to the Regional Transportation Authority
Occupation and Use Tax Replacement Fund from the State and
Local Sales Tax Reform Fund shall be allocated among the
Authority and the Service Boards as follows: 15% of such
moneys shall be retained by the Authority and the remaining
85% shall be transferred to the Service Boards as soon as may
be practicable after the Authority receives payment. Moneys
which are distributable to the Service Boards pursuant to the
preceding sentence shall be allocated among the Service Boards
on the basis of each Service Board's distribution ratio. The
term "distribution ratio" means, for purposes of this
subsection (e) of this Section 4.01, the ratio of the total
amount distributed to a Service Board pursuant to subsection
(d) of Section 4.01 for the immediately preceding calendar
year to the total amount distributed to all of the Service
Boards pursuant to subsection (d) of Section 4.01 for the
immediately preceding calendar year.
(f) To carry out its duties and responsibilities under
this Act, the Board shall employ staff which shall: (1)
propose for adoption by the Board of the Authority rules for
the Service Boards that establish (i) forms and schedules to
be used and information required to be provided with respect
to a five-year capital program, annual budgets, and two-year
financial plans and regular reporting of actual results
against adopted budgets and financial plans, (ii) financial
practices to be followed in the budgeting and expenditure of
public funds, (iii) assumptions and projections that must be
followed in preparing and submitting its annual budget and
two-year financial plan or a five-year capital program; (2)
evaluate for the Board public transportation programs operated
or proposed by the Service Boards and transportation agencies
in terms of the goals and objectives set out in the Strategic
Plan; (3) keep the Board and the public informed of the extent
to which the Service Boards and transportation agencies are
meeting the goals and objectives adopted by the Authority in
the Strategic Plan; and (4) assess the efficiency or adequacy
of public transportation services provided by a Service Board
and make recommendations for change in that service to the end
that the moneys available to the Authority may be expended in
the most economical manner possible with the least possible
duplication.
(g) All Service Boards, transportation agencies,
comprehensive planning agencies, including the Chicago
Metropolitan Agency for Planning, or transportation planning
agencies in the metropolitan region shall furnish to the
Authority such information pertaining to public transportation
or relevant for plans therefor as it may from time to time
require. The Executive Director, or his or her designee,
shall, for the purpose of securing any such information
necessary or appropriate to carry out any of the powers and
responsibilities of the Authority under this Act, have access
to, and the right to examine, all books, documents, papers or
records of a Service Board or any transportation agency
receiving funds from the Authority or Service Board, and such
Service Board or transportation agency shall comply with any
request by the Executive Director, or his or her designee,
within 30 days or an extended time provided by the Executive
Director.
(h) No Service Board shall undertake any capital
improvement which is not identified in the Five-Year Capital
Program.
(i) Each Service Board shall furnish to the Board access
to its financial information including, but not limited to,
audits and reports. The Board shall have real-time access to
the financial information of the Service Boards; however, the
Board shall be granted read-only access to the Service Board's
financial information.
(Source: P.A. 102-678, eff. 12-10-21.)
(70 ILCS 3615/4.09) (from Ch. 111 2/3, par. 704.09)
Sec. 4.09. Public Transportation Fund and the Regional
Transportation Authority Occupation and Use Tax Replacement
Fund.
(a)(1) Except as otherwise provided in paragraph (4), as
soon as possible after the first day of each month, beginning
July 1, 1984, upon certification of the Department of Revenue,
the Comptroller shall order transferred and the Treasurer
shall transfer from the General Revenue Fund to a special fund
in the State Treasury to be known as the Public Transportation
Fund an amount equal to 25% of the net revenue, before the
deduction of the serviceman and retailer discounts pursuant to
Section 9 of the Service Occupation Tax Act and Section 3 of
the Retailers' Occupation Tax Act, realized from any tax
imposed by the Authority pursuant to Sections 4.03 and 4.03.1
and 25% of the amounts deposited into the Regional
Transportation Authority tax fund created by Section 4.03 of
this Act, from the County and Mass Transit District Fund as
provided in Section 6z-20 of the State Finance Act and 25% of
the amounts deposited into the Regional Transportation
Authority Occupation and Use Tax Replacement Fund from the
State and Local Sales Tax Reform Fund as provided in Section
6z-17 of the State Finance Act. On the first day of the month
following the date that the Department receives revenues from
increased taxes under Section 4.03(m) as authorized by Public
Act 95-708, in lieu of the transfers authorized in the
preceding sentence, upon certification of the Department of
Revenue, the Comptroller shall order transferred and the
Treasurer shall transfer from the General Revenue Fund to the
Public Transportation Fund an amount equal to 25% of the net
revenue, before the deduction of the serviceman and retailer
discounts pursuant to Section 9 of the Service Occupation Tax
Act and Section 3 of the Retailers' Occupation Tax Act,
realized from (i) 80% of the proceeds of any tax imposed by the
Authority at a rate of 1.25% in Cook County, (ii) 75% of the
proceeds of any tax imposed by the Authority at the rate of 1%
in Cook County, and (iii) one-third of the proceeds of any tax
imposed by the Authority at the rate of 0.75% in the Counties
of DuPage, Kane, Lake, McHenry, and Will, all pursuant to
Section 4.03, and 25% of the net revenue realized from any tax
imposed by the Authority pursuant to Section 4.03.1, and 25%
of the amounts deposited into the Regional Transportation
Authority tax fund created by Section 4.03 of this Act from the
County and Mass Transit District Fund as provided in Section
6z-20 of the State Finance Act, and 25% of the amounts
deposited into the Regional Transportation Authority
Occupation and Use Tax Replacement Fund from the State and
Local Sales Tax Reform Fund as provided in Section 6z-17 of the
State Finance Act. As used in this Section, net revenue
realized for a month shall be the revenue collected by the
State pursuant to Sections 4.03 and 4.03.1 during the previous
month from within the metropolitan region, less the amount
paid out during that same month as refunds to taxpayers for
overpayment of liability in the metropolitan region under
Sections 4.03 and 4.03.1.
Notwithstanding any provision of law to the contrary,
beginning on July 6, 2017 (the effective date of Public Act
100-23), those amounts required under this paragraph (1) of
subsection (a) to be transferred by the Treasurer into the
Public Transportation Fund from the General Revenue Fund shall
be directly deposited into the Public Transportation Fund as
the revenues are realized from the taxes indicated.
(2) Except as otherwise provided in paragraph (4), on
February 1, 2009 (the first day of the month following the
effective date of Public Act 95-708) and each month
thereafter, upon certification by the Department of Revenue,
the Comptroller shall order transferred and the Treasurer
shall transfer from the General Revenue Fund to the Public
Transportation Fund an amount equal to 5% of the net revenue,
before the deduction of the serviceman and retailer discounts
pursuant to Section 9 of the Service Occupation Tax Act and
Section 3 of the Retailers' Occupation Tax Act, realized from
any tax imposed by the Authority pursuant to Sections 4.03 and
4.03.1 and certified by the Department of Revenue under
Section 4.03(n) of this Act to be paid to the Authority and 5%
of the amounts deposited into the Regional Transportation
Authority tax fund created by Section 4.03 of this Act from the
County and Mass Transit District Fund as provided in Section
6z-20 of the State Finance Act, and 5% of the amounts deposited
into the Regional Transportation Authority Occupation and Use
Tax Replacement Fund from the State and Local Sales Tax Reform
Fund as provided in Section 6z-17 of the State Finance Act, and
5% of the revenue realized by the Chicago Transit Authority as
financial assistance from the City of Chicago from the
proceeds of any tax imposed by the City of Chicago under
Section 8-3-19 of the Illinois Municipal Code.
Notwithstanding any provision of law to the contrary,
beginning on July 6, 2017 (the effective date of Public Act
100-23), those amounts required under this paragraph (2) of
subsection (a) to be transferred by the Treasurer into the
Public Transportation Fund from the General Revenue Fund shall
be directly deposited into the Public Transportation Fund as
the revenues are realized from the taxes indicated.
(3) Except as otherwise provided in paragraph (4), as soon
as possible after the first day of January, 2009 and each month
thereafter, upon certification of the Department of Revenue
with respect to the taxes collected under Section 4.03, the
Comptroller shall order transferred and the Treasurer shall
transfer from the General Revenue Fund to the Public
Transportation Fund an amount equal to 25% of the net revenue,
before the deduction of the serviceman and retailer discounts
pursuant to Section 9 of the Service Occupation Tax Act and
Section 3 of the Retailers' Occupation Tax Act, realized from
(i) 20% of the proceeds of any tax imposed by the Authority at
a rate of 1.25% in Cook County, (ii) 25% of the proceeds of any
tax imposed by the Authority at the rate of 1% in Cook County,
and (iii) one-third of the proceeds of any tax imposed by the
Authority at the rate of 0.75% in the Counties of DuPage, Kane,
Lake, McHenry, and Will, all pursuant to Section 4.03, and the
Comptroller shall order transferred and the Treasurer shall
transfer from the General Revenue Fund to the Public
Transportation Fund (iv) an amount equal to 25% of the revenue
realized by the Chicago Transit Authority as financial
assistance from the City of Chicago from the proceeds of any
tax imposed by the City of Chicago under Section 8-3-19 of the
Illinois Municipal Code.
Notwithstanding any provision of law to the contrary,
beginning on July 6, 2017 (the effective date of Public Act
100-23), those amounts required under this paragraph (3) of
subsection (a) to be transferred by the Treasurer into the
Public Transportation Fund from the General Revenue Fund shall
be directly deposited into the Public Transportation Fund as
the revenues are realized from the taxes indicated.
(4) Notwithstanding any provision of law to the contrary,
of the transfers to be made under paragraphs (1), (2), and (3)
of this subsection (a) from the General Revenue Fund to the
Public Transportation Fund, the first $150,000,000 that would
have otherwise been transferred from the General Revenue Fund
shall be transferred from the Road Fund. The remaining balance
of such transfers shall be made from the General Revenue Fund.
(5) (Blank).
(6) (Blank).
(7) For State fiscal year 2020 only, notwithstanding any
provision of law to the contrary, the total amount of revenue
and deposits under this Section attributable to revenues
realized during State fiscal year 2020 shall be reduced by 5%.
(8) For State fiscal year 2021 only, notwithstanding any
provision of law to the contrary, the total amount of revenue
and deposits under this Section attributable to revenues
realized during State fiscal year 2021 shall be reduced by 5%.
(b)(1) All moneys deposited in the Public Transportation
Fund and the Regional Transportation Authority Occupation and
Use Tax Replacement Fund, whether deposited pursuant to this
Section or otherwise, are allocated to the Authority, except
for amounts appropriated to the Office of the Executive
Inspector General as authorized by subsection (h) of Section
4.03.3 and amounts transferred to the Audit Expense Fund
pursuant to Section 6z-27 of the State Finance Act. The
Comptroller, as soon as possible after each monthly transfer
provided in this Section and after each deposit into the
Public Transportation Fund, shall order the Treasurer to pay
to the Authority out of the Public Transportation Fund the
amount so transferred or deposited. Any Additional State
Assistance and Additional Financial Assistance paid to the
Authority under this Section shall be expended by the
Authority for its purposes as provided in this Act. The
balance of the amounts paid to the Authority from the Public
Transportation Fund shall be expended by the Authority as
provided in Section 4.03.3. The Comptroller, as soon as
possible after each deposit into the Regional Transportation
Authority Occupation and Use Tax Replacement Fund provided in
this Section and Section 6z-17 of the State Finance Act, shall
order the Treasurer to pay to the Authority out of the Regional
Transportation Authority Occupation and Use Tax Replacement
Fund the amount so deposited. Such amounts paid to the
Authority may be expended by it for its purposes as provided in
this Act. The provisions directing the distributions from the
Public Transportation Fund and the Regional Transportation
Authority Occupation and Use Tax Replacement Fund provided for
in this Section shall constitute an irrevocable and continuing
appropriation of all amounts as provided herein. The State
Treasurer and State Comptroller are hereby authorized and
directed to make distributions as provided in this Section.
(2) Provided, however, no moneys deposited under subsection
(a) of this Section shall be paid from the Public
Transportation Fund to the Authority or its assignee for any
fiscal year until the Authority has certified to the Governor,
the Comptroller, and the Mayor of the City of Chicago that it
has adopted for that fiscal year an Annual Budget and Two-Year
Financial Plan meeting the requirements in Section 4.01(b).
(c) In recognition of the efforts of the Authority to
enhance the mass transportation facilities under its control,
the State shall provide financial assistance ("Additional
State Assistance") in excess of the amounts transferred to the
Authority from the General Revenue Fund under subsection (a)
of this Section. Additional State Assistance shall be
calculated as provided in subsection (d), but shall in no
event exceed the following specified amounts with respect to
the following State fiscal years:
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.
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.
(c-5) The State shall provide financial assistance
("Additional Financial Assistance") in addition to the
Additional State Assistance provided by subsection (c) and the
amounts transferred to the Authority from the General Revenue
Fund under subsection (a) of this Section. Additional
Financial Assistance provided by this subsection shall be
calculated as provided in subsection (d), but shall in no
event exceed the following specified amounts with respect to
the following State fiscal years:
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.
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.
(d) Beginning with State fiscal year 1990 and continuing
for each State fiscal year thereafter, the Authority shall
annually certify to the State Comptroller and State Treasurer,
separately with respect to each of subdivisions (g)(2) and
(g)(3) of Section 4.04 of this Act, the following amounts:
(1) The amount necessary and required, during the
State fiscal year with respect to which the certification
is made, to pay its obligations for debt service on all
outstanding bonds or notes issued by the Authority under
subdivisions (g)(2) and (g)(3) of Section 4.04 of this
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.
Act.
(2) An estimate of the amount necessary and required
to pay its obligations for debt service for any bonds or
notes which the Authority anticipates it will issue under
subdivisions (g)(2) and (g)(3) of Section 4.04 during that
State fiscal year.
(3) Its debt service savings during the preceding
State fiscal year from refunding or advance refunding of
bonds or notes issued under subdivisions (g)(2) and (g)(3)
of Section 4.04.
(4) The amount of interest, if any, earned by the
Authority during the previous State fiscal year on the
proceeds of bonds or notes issued pursuant to subdivisions
(g)(2) and (g)(3) of Section 4.04, other than refunding or
advance refunding bonds or notes.
The certification shall include a specific schedule of
debt service payments, including the date and amount of each
payment for all outstanding bonds or notes and an estimated
schedule of anticipated debt service for all bonds and notes
it intends to issue, if any, during that State fiscal year,
including the estimated date and estimated amount of each
payment.
Immediately upon the issuance of bonds for which an
estimated schedule of debt service payments was prepared, the
Authority shall file an amended certification with respect to
item (2) above, to specify the actual schedule of debt service
payments, including the date and amount of each payment, for
the remainder of the State fiscal year.
On the first day of each month of the State fiscal year in
which there are bonds outstanding with respect to which the
certification is made, the State Comptroller shall order
transferred and the State Treasurer shall transfer from the
Road Fund to the Public Transportation Fund the Additional
State Assistance and Additional Financial Assistance in an
amount equal to the aggregate of (i) one-twelfth of the sum of
the amounts certified under items (1) and (3) above less the
amount certified under item (4) above, plus (ii) the amount
required to pay debt service on bonds and notes issued during
the fiscal year, if any, divided by the number of months
remaining in the fiscal year after the date of issuance, or
some smaller portion as may be necessary under subsection (c)
or (c-5) of this Section for the relevant State fiscal year,
plus (iii) any cumulative deficiencies in transfers for prior
months, until an amount equal to the sum of the amounts
certified under items (1) and (3) above, plus the actual debt
service certified under item (2) above, less the amount
certified under item (4) above, has been transferred; except
that these transfers are subject to the following limits:
(A) In no event shall the total transfers in any State
fiscal year relating to outstanding bonds and notes issued
by the Authority under subdivision (g)(2) of Section 4.04
exceed the lesser of the annual maximum amount specified
in subsection (c) or the sum of the amounts certified
under items (1) and (3) above, plus the actual debt
service certified under item (2) above, less the amount
certified under item (4) above, with respect to those
bonds and notes.
(B) In no event shall the total transfers in any State
fiscal year relating to outstanding bonds and notes issued
by the Authority under subdivision (g)(3) of Section 4.04
exceed the lesser of the annual maximum amount specified
in subsection (c-5) or the sum of the amounts certified
under items (1) and (3) above, plus the actual debt
service certified under item (2) above, less the amount
certified under item (4) above, with respect to those
bonds and notes.
The term "outstanding" does not include bonds or notes for
which refunding or advance refunding bonds or notes have been
issued.
(e) Neither Additional State Assistance nor Additional
Financial Assistance may be pledged, either directly or
indirectly as general revenues of the Authority, as security
for any bonds issued by the Authority. The Authority may not
assign its right to receive Additional State Assistance or
Additional Financial Assistance, or direct payment of
Additional State Assistance or Additional Financial
Assistance, to a trustee or any other entity for the payment of
debt service on its bonds.
(f) The certification required under subsection (d) with
respect to outstanding bonds and notes of the Authority shall
be filed as early as practicable before the beginning of the
State fiscal year to which it relates. The certification shall
be revised as may be necessary to accurately state the debt
service requirements of the Authority.
(g) Within 6 months of the end of each fiscal year, the
Authority shall determine:
(i) whether the aggregate of all system generated
revenues for public transportation in the metropolitan
region which is provided by, or under grant or purchase of
service contracts with, the Service Boards equals 50% of
the aggregate of all costs of providing such public
transportation. "System generated revenues" include all
the proceeds of fares and charges for services provided,
contributions received in connection with public
transportation from units of local government other than
the Authority, except for contributions received by the
Chicago Transit Authority from a real estate transfer tax
imposed under subsection (i) of Section 8-3-19 of the
Illinois Municipal Code, and from the State pursuant to
subsection (i) of Section 2705-305 of the Department of
Transportation Law, and all other revenues properly
included consistent with generally accepted accounting
principles but may not include: the proceeds from any
borrowing, and, beginning with the 2007 fiscal year, all
revenues and receipts, including but not limited to fares
and grants received from the federal, State or any unit of
local government or other entity, derived from providing
ADA paratransit service pursuant to Section 2.30 of the
Regional Transportation Authority Act. "Costs" include all
items properly included as operating costs consistent with
generally accepted accounting principles, including
administrative costs, but do not include: depreciation;
payment of principal and interest on bonds, notes or other
evidences of obligations for borrowed money of the
Authority; payments with respect to public transportation
facilities made pursuant to subsection (b) of Section
2.20; any payments with respect to rate protection
contracts, credit enhancements or liquidity agreements
made under Section 4.14; any other cost as to which it is
reasonably expected that a cash expenditure will not be
made; costs for passenger security including grants,
contracts, personnel, equipment and administrative
expenses, except in the case of the Chicago Transit
Authority, in which case the term does not include costs
spent annually by that entity for protection against crime
as required by Section 27a of the Metropolitan Transit
Authority Act; the costs of Debt Service paid by the
Chicago Transit Authority, as defined in Section 12c of
the Metropolitan Transit Authority Act, or bonds or notes
issued pursuant to that Section; the payment by the
Commuter Rail Division of debt service on bonds issued
pursuant to Section 3B.09; expenses incurred by the
Suburban Bus Division for the cost of new public
transportation services funded from grants pursuant to
Section 2.01e of this Act for a period of 2 years from the
date of initiation of each such service; costs as exempted
by the Board for projects pursuant to Section 2.09 of this
Act; or, beginning with the 2007 fiscal year, expenses
related to providing ADA paratransit service pursuant to
Section 2.30 of the Regional Transportation Authority Act;
or in fiscal years 2008 through 2012 inclusive, costs in
the amount of $200,000,000 in fiscal year 2008, reducing
by $40,000,000 in each fiscal year thereafter until this
exemption is eliminated. If said system generated revenues
are less than 50% of said costs, the Board shall remit an
amount equal to the amount of the deficit to the State;
however, due to the fiscal impacts from the COVID-19
pandemic, for fiscal years 2021, 2022, and 2023, 2024, and
2025, no such payment shall be required. The Treasurer
shall deposit any such payment in the Road Fund; and
(ii) whether, beginning with the 2007 fiscal year, the
aggregate of all fares charged and received for ADA
paratransit services equals the system generated ADA
paratransit services revenue recovery ratio percentage of
the aggregate of all costs of providing such ADA
paratransit services.
(h) If the Authority makes any payment to the State under
paragraph (g), the Authority shall reduce the amount provided
to a Service Board from funds transferred under paragraph (a)
in proportion to the amount by which that Service Board failed
to meet its required system generated revenues recovery ratio.
A Service Board which is affected by a reduction in funds under
this paragraph shall submit to the Authority concurrently with
its next due quarterly report a revised budget incorporating
the reduction in funds. The revised budget must meet the
criteria specified in clauses (i) through (vi) of Section
4.11(b)(2). The Board shall review and act on the revised
budget as provided in Section 4.11(b)(3).
(Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20;
102-678, eff. 12-10-21.)
Section 90. The State Mandates Act is amended by adding
Section 8.47 as follows:
(30 ILCS 805/8.47 new)
Sec. 8.47. Exempt mandate. Notwithstanding Sections 6 and
8 of this Act, no reimbursement by the State is required for
the implementation of the mandate created by Section 2.10a of
the Regional Transportation Authority Act in this amendatory
Act of the 103rd General Assembly.
Section 99. Effective date. This Section and Sections 2.41
and 2.42 of the Regional Transportation Authority Act take
effect upon becoming law.