Illinois 2023-2024 Regular Session

Illinois House Bill HB4342 Compare Versions

Only one version of the bill is available at this time.

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1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4342 Introduced , by Rep. Rita Mayfield SYNOPSIS AS INTRODUCED: See Index Amends the Regional Transportation Authority Act. Provides that, beginning in the fiscal year next following the effective date of the amendatory Act, the Suburban Bus Division's revenue recovery ratio may not include fares for any area within the jurisdiction of the Suburban Bus Board in which more than 45% of households are low-income households or very low-income households or any area within the jurisdiction of the Suburban Bus Board in which more than 45% of residents are minority persons. Provides that the Authority must provide the Suburban Bus Division with any funding assistance the Suburban Bus Board determines is needed to maintain routes in any area within the jurisdiction of the Suburban Bus Board in which more than 45% of households are low-income households or very low-income households or any area within the jurisdiction of the Suburban Bus Board in which more than 45% of persons are minority persons. Provides that the Suburban Bus Board must annually, before the close of the Suburban Bus Board's fiscal year, provide to the Authority (i) the boundaries of each area within the jurisdiction of the Suburban Bus Board in which more than 45% of households are low-income households or very low-income households and each area within the jurisdiction of the Suburban Bus Board in which more than 45% of residents are minority persons and (ii) the amount of funding assistance needed to maintain those routes. Amends the State Mandates Act to require implementation without reimbursement. LRB103 35589 AWJ 65661 b STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4342 Introduced , by Rep. Rita Mayfield SYNOPSIS AS INTRODUCED: See Index See Index Amends the Regional Transportation Authority Act. Provides that, beginning in the fiscal year next following the effective date of the amendatory Act, the Suburban Bus Division's revenue recovery ratio may not include fares for any area within the jurisdiction of the Suburban Bus Board in which more than 45% of households are low-income households or very low-income households or any area within the jurisdiction of the Suburban Bus Board in which more than 45% of residents are minority persons. Provides that the Authority must provide the Suburban Bus Division with any funding assistance the Suburban Bus Board determines is needed to maintain routes in any area within the jurisdiction of the Suburban Bus Board in which more than 45% of households are low-income households or very low-income households or any area within the jurisdiction of the Suburban Bus Board in which more than 45% of persons are minority persons. Provides that the Suburban Bus Board must annually, before the close of the Suburban Bus Board's fiscal year, provide to the Authority (i) the boundaries of each area within the jurisdiction of the Suburban Bus Board in which more than 45% of households are low-income households or very low-income households and each area within the jurisdiction of the Suburban Bus Board in which more than 45% of residents are minority persons and (ii) the amount of funding assistance needed to maintain those routes. Amends the State Mandates Act to require implementation without reimbursement. LRB103 35589 AWJ 65661 b LRB103 35589 AWJ 65661 b STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4342 Introduced , by Rep. Rita Mayfield SYNOPSIS AS INTRODUCED:
3	3	See Index See Index
4	4	See Index
5	5	Amends the Regional Transportation Authority Act. Provides that, beginning in the fiscal year next following the effective date of the amendatory Act, the Suburban Bus Division's revenue recovery ratio may not include fares for any area within the jurisdiction of the Suburban Bus Board in which more than 45% of households are low-income households or very low-income households or any area within the jurisdiction of the Suburban Bus Board in which more than 45% of residents are minority persons. Provides that the Authority must provide the Suburban Bus Division with any funding assistance the Suburban Bus Board determines is needed to maintain routes in any area within the jurisdiction of the Suburban Bus Board in which more than 45% of households are low-income households or very low-income households or any area within the jurisdiction of the Suburban Bus Board in which more than 45% of persons are minority persons. Provides that the Suburban Bus Board must annually, before the close of the Suburban Bus Board's fiscal year, provide to the Authority (i) the boundaries of each area within the jurisdiction of the Suburban Bus Board in which more than 45% of households are low-income households or very low-income households and each area within the jurisdiction of the Suburban Bus Board in which more than 45% of residents are minority persons and (ii) the amount of funding assistance needed to maintain those routes. Amends the State Mandates Act to require implementation without reimbursement.
6	6	LRB103 35589 AWJ 65661 b LRB103 35589 AWJ 65661 b
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8	8	STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
9	9	STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
10	10	A BILL FOR
11	11	HB4342LRB103 35589 AWJ 65661 b HB4342 LRB103 35589 AWJ 65661 b
12	12	HB4342 LRB103 35589 AWJ 65661 b
13	13	1 AN ACT concerning local government.
14	14	2 Be it enacted by the People of the State of Illinois,
15	15	3 represented in the General Assembly:
16	16	4 Section 5. The Regional Transportation Authority Act is
17	17	5 amended by changing Sections 4.01, 4.09 and 4.11 and by adding
18	18	6 Section 4.17 as follows:
19	19	7 (70 ILCS 3615/4.01) (from Ch. 111 2/3, par. 704.01)
20	20	8 Sec. 4.01. Budget and Program.
21	21	9 (a) The Board shall control the finances of the Authority.
22	22	10 It shall by ordinance adopted by the affirmative vote of at
23	23	11 least 12 of its then Directors (i) appropriate money to
24	24	12 perform the Authority's purposes and provide for payment of
25	25	13 debts and expenses of the Authority, (ii) take action with
26	26	14 respect to the budget and two-year financial plan of each
27	27	15 Service Board, as provided in Section 4.11, and (iii) adopt an
28	28	16 Annual Budget and Two-Year Financial Plan for the Authority
29	29	17 that includes the annual budget and two-year financial plan of
30	30	18 each Service Board that has been approved by the Authority.
31	31	19 The Annual Budget and Two-Year Financial Plan shall contain a
32	32	20 statement of the funds estimated to be on hand for the
33	33	21 Authority and each Service Board at the beginning of the
34	34	22 fiscal year, the funds estimated to be received from all
35	35	23 sources for such year, the estimated expenses and obligations
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39	39	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4342 Introduced , by Rep. Rita Mayfield SYNOPSIS AS INTRODUCED:
40	40	See Index See Index
41	41	See Index
42	42	Amends the Regional Transportation Authority Act. Provides that, beginning in the fiscal year next following the effective date of the amendatory Act, the Suburban Bus Division's revenue recovery ratio may not include fares for any area within the jurisdiction of the Suburban Bus Board in which more than 45% of households are low-income households or very low-income households or any area within the jurisdiction of the Suburban Bus Board in which more than 45% of residents are minority persons. Provides that the Authority must provide the Suburban Bus Division with any funding assistance the Suburban Bus Board determines is needed to maintain routes in any area within the jurisdiction of the Suburban Bus Board in which more than 45% of households are low-income households or very low-income households or any area within the jurisdiction of the Suburban Bus Board in which more than 45% of persons are minority persons. Provides that the Suburban Bus Board must annually, before the close of the Suburban Bus Board's fiscal year, provide to the Authority (i) the boundaries of each area within the jurisdiction of the Suburban Bus Board in which more than 45% of households are low-income households or very low-income households and each area within the jurisdiction of the Suburban Bus Board in which more than 45% of residents are minority persons and (ii) the amount of funding assistance needed to maintain those routes. Amends the State Mandates Act to require implementation without reimbursement.
43	43	LRB103 35589 AWJ 65661 b LRB103 35589 AWJ 65661 b
44	44	LRB103 35589 AWJ 65661 b
45	45	STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
46	46	STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
47	47	A BILL FOR
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53	53	See Index
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76	76	1 of the Authority and each Service Board for all purposes,
77	77	2 including expenses for contributions to be made with respect
78	78	3 to pension and other employee benefits, and the funds
79	79	4 estimated to be on hand at the end of such year. The fiscal
80	80	5 year of the Authority and each Service Board shall begin on
81	81	6 January 1st and end on the succeeding December 31st. By July
82	82	7 1st of each year the Director of the Illinois Governor's
83	83	8 Office of Management and Budget (formerly Bureau of the
84	84	9 Budget) shall submit to the Authority an estimate of revenues
85	85	10 for the next fiscal year of the Authority to be collected from
86	86	11 the taxes imposed by the Authority and the amounts to be
87	87	12 available in the Public Transportation Fund and the Regional
88	88	13 Transportation Authority Occupation and Use Tax Replacement
89	89	14 Fund and the amounts otherwise to be appropriated by the State
90	90	15 to the Authority for its purposes. The Authority shall file a
91	91	16 copy of its Annual Budget and Two-Year Financial Plan with the
92	92	17 General Assembly and the Governor after its adoption. Before
93	93	18 the proposed Annual Budget and Two-Year Financial Plan is
94	94	19 adopted, the Authority shall hold at least one public hearing
95	95	20 thereon in the metropolitan region, and shall meet with the
96	96	21 county board or its designee of each of the several counties in
97	97	22 the metropolitan region. After conducting such hearings and
98	98	23 holding such meetings and after making such changes in the
99	99	24 proposed Annual Budget and Two-Year Financial Plan as the
100	100	25 Board deems appropriate, the Board shall adopt its annual
101	101	26 appropriation and Annual Budget and Two-Year Financial Plan
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112	112	1 ordinance. The ordinance may be adopted only upon the
113	113	2 affirmative votes of 12 of its then Directors. The ordinance
114	114	3 shall appropriate such sums of money as are deemed necessary
115	115	4 to defray all necessary expenses and obligations of the
116	116	5 Authority, specifying purposes and the objects or programs for
117	117	6 which appropriations are made and the amount appropriated for
118	118	7 each object or program. Additional appropriations, transfers
119	119	8 between items and other changes in such ordinance may be made
120	120	9 from time to time by the Board upon the affirmative votes of 12
121	121	10 of its then Directors.
122	122	11 (b) The Annual Budget and Two-Year Financial Plan shall
123	123	12 show a balance between anticipated revenues from all sources
124	124	13 and anticipated expenses including funding of operating
125	125	14 deficits or the discharge of encumbrances incurred in prior
126	126	15 periods and payment of principal and interest when due, and
127	127	16 shall show cash balances sufficient to pay with reasonable
128	128	17 promptness all obligations and expenses as incurred.
129	129	18 The Annual Budget and Two-Year Financial Plan must show:
130	130	19 (i) that the level of fares and charges for mass
131	131	20 transportation provided by, or under grant or purchase of
132	132	21 service contracts of, the Service Boards is sufficient to
133	133	22 cause the aggregate of all projected fare revenues from
134	134	23 such fares and charges received in each fiscal year to
135	135	24 equal at least 50% of the aggregate costs of providing
136	136	25 such public transportation in such fiscal year, excluding,
137	137	26 beginning with the Annual Budget and Two-Year Financial
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148	148	1 plan next following the effective date of this amendatory
149	149	2 Act of the 103rd General Assembly, fares and charges for
150	150	3 mass transportation to be collected by the Suburban Bus
151	151	4 Board within any area within its jurisdiction in which
152	152	5 more than 45% of households are low-income households or
153	153	6 very low-income households, as those terms are defined in
154	154	7 Section 3 of the Illinois Affordable Housing Act, and any
155	155	8 area in its jurisdiction in which more than 45% of
156	156	9 residents are minority persons, as that term is defined in
157	157	10 Section 2 of the Business Enterprise for Minorities,
158	158	11 Women, and Persons with Disabilities Act. However, due to
159	159	12 the fiscal impacts of the COVID-19 pandemic, the aggregate
160	160	13 of all projected fare revenues from such fares and charges
161	161	14 received in fiscal years 2021, 2022, 2023, 2024, and 2025
162	162	15 may be less than 50% of the aggregate costs of providing
163	163	16 such public transportation in those fiscal years. "Fare
164	164	17 revenues" include the proceeds of all fares and charges
165	165	18 for services provided, contributions received in
166	166	19 connection with public transportation from units of local
167	167	20 government other than the Authority, except for
168	168	21 contributions received by the Chicago Transit Authority
169	169	22 from a real estate transfer tax imposed under subsection
170	170	23 (i) of Section 8-3-19 of the Illinois Municipal Code, and
171	171	24 from the State pursuant to subsection (i) of Section
172	172	25 2705-305 of the Department of Transportation Law (20 ILCS
173	173	26 2705/2705-305), and all other operating revenues properly
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184	184	1 included consistent with generally accepted accounting
185	185	2 principles but do not include: the proceeds of any
186	186	3 borrowings, and, beginning with the 2007 fiscal year, all
187	187	4 revenues and receipts, including but not limited to fares
188	188	5 and grants received from the federal, State or any unit of
189	189	6 local government or other entity, derived from providing
190	190	7 ADA paratransit service pursuant to Section 2.30 of the
191	191	8 Regional Transportation Authority Act. "Costs" include all
192	192	9 items properly included as operating costs consistent with
193	193	10 generally accepted accounting principles, including
194	194	11 administrative costs, but do not include: depreciation;
195	195	12 payment of principal and interest on bonds, notes or other
196	196	13 evidences of obligation for borrowed money issued by the
197	197	14 Authority; payments with respect to public transportation
198	198	15 facilities made pursuant to subsection (b) of Section 2.20
199	199	16 of this Act; any payments with respect to rate protection
200	200	17 contracts, credit enhancements or liquidity agreements
201	201	18 made under Section 4.14; any other cost to which it is
202	202	19 reasonably expected that a cash expenditure will not be
203	203	20 made; costs for passenger security including grants,
204	204	21 contracts, personnel, equipment and administrative
205	205	22 expenses, except in the case of the Chicago Transit
206	206	23 Authority, in which case the term does not include costs
207	207	24 spent annually by that entity for protection against crime
208	208	25 as required by Section 27a of the Metropolitan Transit
209	209	26 Authority Act; the payment by the Chicago Transit
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220	220	1 Authority of Debt Service, as defined in Section 12c of
221	221	2 the Metropolitan Transit Authority Act, on bonds or notes
222	222	3 issued pursuant to that Section; the payment by the
223	223	4 Commuter Rail Division of debt service on bonds issued
224	224	5 pursuant to Section 3B.09; expenses incurred by the
225	225	6 Suburban Bus Division for the cost of new public
226	226	7 transportation services funded from grants pursuant to
227	227	8 Section 2.01e of this amendatory Act of the 95th General
228	228	9 Assembly for a period of 2 years from the date of
229	229	10 initiation of each such service; costs as exempted by the
230	230	11 Board for projects pursuant to Section 2.09 of this Act;
231	231	12 or, beginning with the 2007 fiscal year, expenses related
232	232	13 to providing ADA paratransit service pursuant to Section
233	233	14 2.30 of the Regional Transportation Authority Act; and in
234	234	15 fiscal years 2008 through 2012 inclusive, costs in the
235	235	16 amount of $200,000,000 in fiscal year 2008, reducing by
236	236	17 $40,000,000 in each fiscal year thereafter until this
237	237	18 exemption is eliminated; and
238	238	19 (ii) that the level of fares charged for ADA
239	239	20 paratransit services is sufficient to cause the aggregate
240	240	21 of all projected revenues from such fares charged and
241	241	22 received in each fiscal year to equal at least 10% of the
242	242	23 aggregate costs of providing such ADA paratransit
243	243	24 services, excluding, beginning with the Annual Budget and
244	244	25 Two-Year Financial plan next following the effective date
245	245	26 of this amendatory Act of the 103rd General Assembly,
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256	256	1 fares and charges for mass transportation to be collected
257	257	2 by the Suburban Bus Board within any area within its
258	258	3 jurisdiction in which more than 45% of households are
259	259	4 low-income households or very low-income households, as
260	260	5 those terms are defined in Section 3 of the Illinois
261	261	6 Affordable Housing Act, and any area in its jurisdiction
262	262	7 in which more than 45% of residents are minority persons,
263	263	8 as that term is defined in Section 2 of the Business
264	264	9 Enterprise for Minorities, Women, and Persons with
265	265	10 Disabilities Act. However, due to the fiscal impacts of
266	266	11 the COVID-19 pandemic, the aggregate of all projected fare
267	267	12 revenues from such fares and charges received in fiscal
268	268	13 years 2021, 2022, 2023, 2024, and 2025 may be less than 10%
269	269	14 of the aggregate costs of providing such ADA paratransit
270	270	15 services in those fiscal years. For purposes of this Act,
271	271	16 the percentages in this subsection (b)(ii) shall be
272	272	17 referred to as the "system generated ADA paratransit
273	273	18 services revenue recovery ratio". For purposes of the
274	274	19 system generated ADA paratransit services revenue recovery
275	275	20 ratio, "costs" shall include all items properly included
276	276	21 as operating costs consistent with generally accepted
277	277	22 accounting principles. However, the Board may exclude from
278	278	23 costs an amount that does not exceed the allowable
279	279	24 "capital costs of contracting" for ADA paratransit
280	280	25 services pursuant to the Federal Transit Administration
281	281	26 guidelines for the Urbanized Area Formula Program.
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292	292	1 The Authority shall file a statement certifying that the
293	293	2 Service Boards published the data described in subsection
294	294	3 (b-5) with the General Assembly and the Governor after
295	295	4 adoption of the Annual Budget and Two-Year Financial Plan
296	296	5 required by subsection (a). If the Authority fails to file a
297	297	6 statement certifying publication of the data, then the
298	298	7 appropriations to the Department of Transportation for grants
299	299	8 to the Authority intended to reimburse the Service Boards for
300	300	9 providing free and reduced fares shall be withheld.
301	301	10 (b-5) For fiscal years 2024 and 2025, the Service Boards
302	302	11 must publish a monthly comprehensive set of data regarding
303	303	12 transit service and safety. The data included shall include
304	304	13 information to track operations including:
305	305	14 (1) staffing levels, including numbers of budgeted
306	306	15 positions, current positions employed, hired staff,
307	307	16 attrition, staff in training, and absenteeism rates;
308	308	17 (2) scheduled service and delivered service, including
309	309	18 percentage of scheduled service delivered by day, service
310	310	19 by mode of transportation, service by route and rail line,
311	311	20 total number of revenue miles driven, excess wait times by
312	312	21 day, by mode of transportation, by bus route, and by stop;
313	313	22 and
314	314	23 (3) safety on the system, including the number of
315	315	24 incidents of crime and code of conduct violations on
316	316	25 system, any performance measures used to evaluate the
317	317	26 effectiveness of investments in private security, safety
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328	328	1 equipment, and other security investments in the system.
329	329	2 If no performance measures exist to evaluate the
330	330	3 effectiveness of these safety investments, the Service
331	331	4 Boards and Authority shall develop and publish these
332	332	5 performance measures.
333	333	6 The Authority and Service Boards shall solicit input and
334	334	7 ideas on publishing data on the service reliability,
335	335	8 operations, and safety of the system from the public and
336	336	9 groups representing transit riders, workers, and businesses.
337	337	10 (c) The actual administrative expenses of the Authority
338	338	11 for the fiscal year commencing January 1, 1985 may not exceed
339	339	12 $5,000,000. The actual administrative expenses of the
340	340	13 Authority for the fiscal year commencing January 1, 1986, and
341	341	14 for each fiscal year thereafter shall not exceed the maximum
342	342	15 administrative expenses for the previous fiscal year plus 5%.
343	343	16 "Administrative expenses" are defined for purposes of this
344	344	17 Section as all expenses except: (1) capital expenses and
345	345	18 purchases of the Authority on behalf of the Service Boards;
346	346	19 (2) payments to Service Boards; and (3) payment of principal
347	347	20 and interest on bonds, notes or other evidence of obligation
348	348	21 for borrowed money issued by the Authority; (4) costs for
349	349	22 passenger security including grants, contracts, personnel,
350	350	23 equipment and administrative expenses; (5) payments with
351	351	24 respect to public transportation facilities made pursuant to
352	352	25 subsection (b) of Section 2.20 of this Act; and (6) any
353	353	26 payments with respect to rate protection contracts, credit
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364	364	1 enhancements or liquidity agreements made pursuant to Section
365	365	2 4.14.
366	366	3 (d) This subsection applies only until the Department
367	367	4 begins administering and enforcing an increased tax under
368	368	5 Section 4.03(m) as authorized by this amendatory Act of the
369	369	6 95th General Assembly. After withholding 15% of the proceeds
370	370	7 of any tax imposed by the Authority and 15% of money received
371	371	8 by the Authority from the Regional Transportation Authority
372	372	9 Occupation and Use Tax Replacement Fund, the Board shall
373	373	10 allocate the proceeds and money remaining to the Service
374	374	11 Boards as follows: (1) an amount equal to 85% of the proceeds
375	375	12 of those taxes collected within the City of Chicago and 85% of
376	376	13 the money received by the Authority on account of transfers to
377	377	14 the Regional Transportation Authority Occupation and Use Tax
378	378	15 Replacement Fund from the County and Mass Transit District
379	379	16 Fund attributable to retail sales within the City of Chicago
380	380	17 shall be allocated to the Chicago Transit Authority; (2) an
381	381	18 amount equal to 85% of the proceeds of those taxes collected
382	382	19 within Cook County outside the City of Chicago and 85% of the
383	383	20 money received by the Authority on account of transfers to the
384	384	21 Regional Transportation Authority Occupation and Use Tax
385	385	22 Replacement Fund from the County and Mass Transit District
386	386	23 Fund attributable to retail sales within Cook County outside
387	387	24 of the city of Chicago shall be allocated 30% to the Chicago
388	388	25 Transit Authority, 55% to the Commuter Rail Board and 15% to
389	389	26 the Suburban Bus Board; and (3) an amount equal to 85% of the
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400	400	1 proceeds of the taxes collected within the Counties of DuPage,
401	401	2 Kane, Lake, McHenry and Will shall be allocated 70% to the
402	402	3 Commuter Rail Board and 30% to the Suburban Bus Board.
403	403	4 (e) This subsection applies only until the Department
404	404	5 begins administering and enforcing an increased tax under
405	405	6 Section 4.03(m) as authorized by this amendatory Act of the
406	406	7 95th General Assembly. Moneys received by the Authority on
407	407	8 account of transfers to the Regional Transportation Authority
408	408	9 Occupation and Use Tax Replacement Fund from the State and
409	409	10 Local Sales Tax Reform Fund shall be allocated among the
410	410	11 Authority and the Service Boards as follows: 15% of such
411	411	12 moneys shall be retained by the Authority and the remaining
412	412	13 85% shall be transferred to the Service Boards as soon as may
413	413	14 be practicable after the Authority receives payment. Moneys
414	414	15 which are distributable to the Service Boards pursuant to the
415	415	16 preceding sentence shall be allocated among the Service Boards
416	416	17 on the basis of each Service Board's distribution ratio. The
417	417	18 term "distribution ratio" means, for purposes of this
418	418	19 subsection (e) of this Section 4.01, the ratio of the total
419	419	20 amount distributed to a Service Board pursuant to subsection
420	420	21 (d) of Section 4.01 for the immediately preceding calendar
421	421	22 year to the total amount distributed to all of the Service
422	422	23 Boards pursuant to subsection (d) of Section 4.01 for the
423	423	24 immediately preceding calendar year.
424	424	25 (f) To carry out its duties and responsibilities under
425	425	26 this Act, the Board shall employ staff which shall: (1)
426	426
427	427
428	428
429	429
430	430
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432	432
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435	435	HB4342 - 12 - LRB103 35589 AWJ 65661 b
436	436	1 propose for adoption by the Board of the Authority rules for
437	437	2 the Service Boards that establish (i) forms and schedules to
438	438	3 be used and information required to be provided with respect
439	439	4 to a five-year capital program, annual budgets, and two-year
440	440	5 financial plans and regular reporting of actual results
441	441	6 against adopted budgets and financial plans, (ii) financial
442	442	7 practices to be followed in the budgeting and expenditure of
443	443	8 public funds, (iii) assumptions and projections that must be
444	444	9 followed in preparing and submitting its annual budget and
445	445	10 two-year financial plan or a five-year capital program; (2)
446	446	11 evaluate for the Board public transportation programs operated
447	447	12 or proposed by the Service Boards and transportation agencies
448	448	13 in terms of the goals and objectives set out in the Strategic
449	449	14 Plan; (3) keep the Board and the public informed of the extent
450	450	15 to which the Service Boards and transportation agencies are
451	451	16 meeting the goals and objectives adopted by the Authority in
452	452	17 the Strategic Plan; and (4) assess the efficiency or adequacy
453	453	18 of public transportation services provided by a Service Board
454	454	19 and make recommendations for change in that service to the end
455	455	20 that the moneys available to the Authority may be expended in
456	456	21 the most economical manner possible with the least possible
457	457	22 duplication.
458	458	23 (g) All Service Boards, transportation agencies,
459	459	24 comprehensive planning agencies, including the Chicago
460	460	25 Metropolitan Agency for Planning, or transportation planning
461	461	26 agencies in the metropolitan region shall furnish to the
462	462
463	463
464	464
465	465
466	466
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468	468
469	469
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471	471	HB4342 - 13 - LRB103 35589 AWJ 65661 b
472	472	1 Authority such information pertaining to public transportation
473	473	2 or relevant for plans therefor as it may from time to time
474	474	3 require. The Executive Director, or his or her designee,
475	475	4 shall, for the purpose of securing any such information
476	476	5 necessary or appropriate to carry out any of the powers and
477	477	6 responsibilities of the Authority under this Act, have access
478	478	7 to, and the right to examine, all books, documents, papers or
479	479	8 records of a Service Board or any transportation agency
480	480	9 receiving funds from the Authority or Service Board, and such
481	481	10 Service Board or transportation agency shall comply with any
482	482	11 request by the Executive Director, or his or her designee,
483	483	12 within 30 days or an extended time provided by the Executive
484	484	13 Director.
485	485	14 (h) No Service Board shall undertake any capital
486	486	15 improvement which is not identified in the Five-Year Capital
487	487	16 Program.
488	488	17 (i) Each Service Board shall furnish to the Board access
489	489	18 to its financial information including, but not limited to,
490	490	19 audits and reports. The Board shall have real-time access to
491	491	20 the financial information of the Service Boards; however, the
492	492	21 Board shall be granted read-only access to the Service Board's
493	493	22 financial information.
494	494	23 (Source: P.A. 102-678, eff. 12-10-21; 103-281, eff. 1-1-24.)
495	495	24 (70 ILCS 3615/4.09) (from Ch. 111 2/3, par. 704.09)
496	496	25 Sec. 4.09. Public Transportation Fund and the Regional
497	497
498	498
499	499
500	500
501	501
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503	503
504	504
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506	506	HB4342 - 14 - LRB103 35589 AWJ 65661 b
507	507	1 Transportation Authority Occupation and Use Tax Replacement
508	508	2 Fund.
509	509	3 (a)(1) Except as otherwise provided in paragraph (4), as
510	510	4 soon as possible after the first day of each month, beginning
511	511	5 July 1, 1984, upon certification of the Department of Revenue,
512	512	6 the Comptroller shall order transferred and the Treasurer
513	513	7 shall transfer from the General Revenue Fund to a special fund
514	514	8 in the State Treasury to be known as the Public Transportation
515	515	9 Fund an amount equal to 25% of the net revenue, before the
516	516	10 deduction of the serviceman and retailer discounts pursuant to
517	517	11 Section 9 of the Service Occupation Tax Act and Section 3 of
518	518	12 the Retailers' Occupation Tax Act, realized from any tax
519	519	13 imposed by the Authority pursuant to Sections 4.03 and 4.03.1
520	520	14 and 25% of the amounts deposited into the Regional
521	521	15 Transportation Authority tax fund created by Section 4.03 of
522	522	16 this Act, from the County and Mass Transit District Fund as
523	523	17 provided in Section 6z-20 of the State Finance Act and 25% of
524	524	18 the amounts deposited into the Regional Transportation
525	525	19 Authority Occupation and Use Tax Replacement Fund from the
526	526	20 State and Local Sales Tax Reform Fund as provided in Section
527	527	21 6z-17 of the State Finance Act. On the first day of the month
528	528	22 following the date that the Department receives revenues from
529	529	23 increased taxes under Section 4.03(m) as authorized by Public
530	530	24 Act 95-708, in lieu of the transfers authorized in the
531	531	25 preceding sentence, upon certification of the Department of
532	532	26 Revenue, the Comptroller shall order transferred and the
533	533
534	534
535	535
536	536
537	537
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539	539
540	540
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542	542	HB4342 - 15 - LRB103 35589 AWJ 65661 b
543	543	1 Treasurer shall transfer from the General Revenue Fund to the
544	544	2 Public Transportation Fund an amount equal to 25% of the net
545	545	3 revenue, before the deduction of the serviceman and retailer
546	546	4 discounts pursuant to Section 9 of the Service Occupation Tax
547	547	5 Act and Section 3 of the Retailers' Occupation Tax Act,
548	548	6 realized from (i) 80% of the proceeds of any tax imposed by the
549	549	7 Authority at a rate of 1.25% in Cook County, (ii) 75% of the
550	550	8 proceeds of any tax imposed by the Authority at the rate of 1%
551	551	9 in Cook County, and (iii) one-third of the proceeds of any tax
552	552	10 imposed by the Authority at the rate of 0.75% in the Counties
553	553	11 of DuPage, Kane, Lake, McHenry, and Will, all pursuant to
554	554	12 Section 4.03, and 25% of the net revenue realized from any tax
555	555	13 imposed by the Authority pursuant to Section 4.03.1, and 25%
556	556	14 of the amounts deposited into the Regional Transportation
557	557	15 Authority tax fund created by Section 4.03 of this Act from the
558	558	16 County and Mass Transit District Fund as provided in Section
559	559	17 6z-20 of the State Finance Act, and 25% of the amounts
560	560	18 deposited into the Regional Transportation Authority
561	561	19 Occupation and Use Tax Replacement Fund from the State and
562	562	20 Local Sales Tax Reform Fund as provided in Section 6z-17 of the
563	563	21 State Finance Act. As used in this Section, net revenue
564	564	22 realized for a month shall be the revenue collected by the
565	565	23 State pursuant to Sections 4.03 and 4.03.1 during the previous
566	566	24 month from within the metropolitan region, less the amount
567	567	25 paid out during that same month as refunds to taxpayers for
568	568	26 overpayment of liability in the metropolitan region under
569	569
570	570
571	571
572	572
573	573
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575	575
576	576
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578	578	HB4342 - 16 - LRB103 35589 AWJ 65661 b
579	579	1 Sections 4.03 and 4.03.1.
580	580	2 Notwithstanding any provision of law to the contrary,
581	581	3 beginning on July 6, 2017 (the effective date of Public Act
582	582	4 100-23), those amounts required under this paragraph (1) of
583	583	5 subsection (a) to be transferred by the Treasurer into the
584	584	6 Public Transportation Fund from the General Revenue Fund shall
585	585	7 be directly deposited into the Public Transportation Fund as
586	586	8 the revenues are realized from the taxes indicated.
587	587	9 (2) Except as otherwise provided in paragraph (4), on
588	588	10 February 1, 2009 (the first day of the month following the
589	589	11 effective date of Public Act 95-708) and each month
590	590	12 thereafter, upon certification by the Department of Revenue,
591	591	13 the Comptroller shall order transferred and the Treasurer
592	592	14 shall transfer from the General Revenue Fund to the Public
593	593	15 Transportation Fund an amount equal to 5% of the net revenue,
594	594	16 before the deduction of the serviceman and retailer discounts
595	595	17 pursuant to Section 9 of the Service Occupation Tax Act and
596	596	18 Section 3 of the Retailers' Occupation Tax Act, realized from
597	597	19 any tax imposed by the Authority pursuant to Sections 4.03 and
598	598	20 4.03.1 and certified by the Department of Revenue under
599	599	21 Section 4.03(n) of this Act to be paid to the Authority and 5%
600	600	22 of the amounts deposited into the Regional Transportation
601	601	23 Authority tax fund created by Section 4.03 of this Act from the
602	602	24 County and Mass Transit District Fund as provided in Section
603	603	25 6z-20 of the State Finance Act, and 5% of the amounts deposited
604	604	26 into the Regional Transportation Authority Occupation and Use
605	605
606	606
607	607
608	608
609	609
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611	611
612	612
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614	614	HB4342 - 17 - LRB103 35589 AWJ 65661 b
615	615	1 Tax Replacement Fund from the State and Local Sales Tax Reform
616	616	2 Fund as provided in Section 6z-17 of the State Finance Act, and
617	617	3 5% of the revenue realized by the Chicago Transit Authority as
618	618	4 financial assistance from the City of Chicago from the
619	619	5 proceeds of any tax imposed by the City of Chicago under
620	620	6 Section 8-3-19 of the Illinois Municipal Code.
621	621	7 Notwithstanding any provision of law to the contrary,
622	622	8 beginning on July 6, 2017 (the effective date of Public Act
623	623	9 100-23), those amounts required under this paragraph (2) of
624	624	10 subsection (a) to be transferred by the Treasurer into the
625	625	11 Public Transportation Fund from the General Revenue Fund shall
626	626	12 be directly deposited into the Public Transportation Fund as
627	627	13 the revenues are realized from the taxes indicated.
628	628	14 (3) Except as otherwise provided in paragraph (4), as soon
629	629	15 as possible after the first day of January, 2009 and each month
630	630	16 thereafter, upon certification of the Department of Revenue
631	631	17 with respect to the taxes collected under Section 4.03, the
632	632	18 Comptroller shall order transferred and the Treasurer shall
633	633	19 transfer from the General Revenue Fund to the Public
634	634	20 Transportation Fund an amount equal to 25% of the net revenue,
635	635	21 before the deduction of the serviceman and retailer discounts
636	636	22 pursuant to Section 9 of the Service Occupation Tax Act and
637	637	23 Section 3 of the Retailers' Occupation Tax Act, realized from
638	638	24 (i) 20% of the proceeds of any tax imposed by the Authority at
639	639	25 a rate of 1.25% in Cook County, (ii) 25% of the proceeds of any
640	640	26 tax imposed by the Authority at the rate of 1% in Cook County,
641	641
642	642
643	643
644	644
645	645
646	646	HB4342 - 17 - LRB103 35589 AWJ 65661 b
647	647
648	648
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650	650	HB4342 - 18 - LRB103 35589 AWJ 65661 b
651	651	1 and (iii) one-third of the proceeds of any tax imposed by the
652	652	2 Authority at the rate of 0.75% in the Counties of DuPage, Kane,
653	653	3 Lake, McHenry, and Will, all pursuant to Section 4.03, and the
654	654	4 Comptroller shall order transferred and the Treasurer shall
655	655	5 transfer from the General Revenue Fund to the Public
656	656	6 Transportation Fund (iv) an amount equal to 25% of the revenue
657	657	7 realized by the Chicago Transit Authority as financial
658	658	8 assistance from the City of Chicago from the proceeds of any
659	659	9 tax imposed by the City of Chicago under Section 8-3-19 of the
660	660	10 Illinois Municipal Code.
661	661	11 Notwithstanding any provision of law to the contrary,
662	662	12 beginning on July 6, 2017 (the effective date of Public Act
663	663	13 100-23), those amounts required under this paragraph (3) of
664	664	14 subsection (a) to be transferred by the Treasurer into the
665	665	15 Public Transportation Fund from the General Revenue Fund shall
666	666	16 be directly deposited into the Public Transportation Fund as
667	667	17 the revenues are realized from the taxes indicated.
668	668	18 (4) Notwithstanding any provision of law to the contrary,
669	669	19 of the transfers to be made under paragraphs (1), (2), and (3)
670	670	20 of this subsection (a) from the General Revenue Fund to the
671	671	21 Public Transportation Fund, the first $150,000,000 that would
672	672	22 have otherwise been transferred from the General Revenue Fund
673	673	23 shall be transferred from the Road Fund. The remaining balance
674	674	24 of such transfers shall be made from the General Revenue Fund.
675	675	25 (5) (Blank).
676	676	26 (6) (Blank).
677	677
678	678
679	679
680	680
681	681
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683	683
684	684
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686	686	HB4342 - 19 - LRB103 35589 AWJ 65661 b
687	687	1 (7) For State fiscal year 2020 only, notwithstanding any
688	688	2 provision of law to the contrary, the total amount of revenue
689	689	3 and deposits under this Section attributable to revenues
690	690	4 realized during State fiscal year 2020 shall be reduced by 5%.
691	691	5 (8) For State fiscal year 2021 only, notwithstanding any
692	692	6 provision of law to the contrary, the total amount of revenue
693	693	7 and deposits under this Section attributable to revenues
694	694	8 realized during State fiscal year 2021 shall be reduced by 5%.
695	695	9 (b)(1) All moneys deposited in the Public Transportation
696	696	10 Fund and the Regional Transportation Authority Occupation and
697	697	11 Use Tax Replacement Fund, whether deposited pursuant to this
698	698	12 Section or otherwise, are allocated to the Authority, except
699	699	13 for amounts appropriated to the Office of the Executive
700	700	14 Inspector General as authorized by subsection (h) of Section
701	701	15 4.03.3 and amounts transferred to the Audit Expense Fund
702	702	16 pursuant to Section 6z-27 of the State Finance Act. The
703	703	17 Comptroller, as soon as possible after each monthly transfer
704	704	18 provided in this Section and after each deposit into the
705	705	19 Public Transportation Fund, shall order the Treasurer to pay
706	706	20 to the Authority out of the Public Transportation Fund the
707	707	21 amount so transferred or deposited. Any Additional State
708	708	22 Assistance and Additional Financial Assistance paid to the
709	709	23 Authority under this Section shall be expended by the
710	710	24 Authority for its purposes as provided in this Act. The
711	711	25 balance of the amounts paid to the Authority from the Public
712	712	26 Transportation Fund shall be expended by the Authority as
713	713
714	714
715	715
716	716
717	717
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719	719
720	720
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722	722	HB4342 - 20 - LRB103 35589 AWJ 65661 b
723	723	1 provided in Section 4.03.3. The Comptroller, as soon as
724	724	2 possible after each deposit into the Regional Transportation
725	725	3 Authority Occupation and Use Tax Replacement Fund provided in
726	726	4 this Section and Section 6z-17 of the State Finance Act, shall
727	727	5 order the Treasurer to pay to the Authority out of the Regional
728	728	6 Transportation Authority Occupation and Use Tax Replacement
729	729	7 Fund the amount so deposited. Such amounts paid to the
730	730	8 Authority may be expended by it for its purposes as provided in
731	731	9 this Act. The provisions directing the distributions from the
732	732	10 Public Transportation Fund and the Regional Transportation
733	733	11 Authority Occupation and Use Tax Replacement Fund provided for
734	734	12 in this Section shall constitute an irrevocable and continuing
735	735	13 appropriation of all amounts as provided herein. The State
736	736	14 Treasurer and State Comptroller are hereby authorized and
737	737	15 directed to make distributions as provided in this Section.
738	738	16 (2) Provided, however, no moneys deposited under subsection
739	739	17 (a) of this Section shall be paid from the Public
740	740	18 Transportation Fund to the Authority or its assignee for any
741	741	19 fiscal year until the Authority has certified to the Governor,
742	742	20 the Comptroller, and the Mayor of the City of Chicago that it
743	743	21 has adopted for that fiscal year an Annual Budget and Two-Year
744	744	22 Financial Plan meeting the requirements in Section 4.01(b).
745	745	23 (c) In recognition of the efforts of the Authority to
746	746	24 enhance the mass transportation facilities under its control,
747	747	25 the State shall provide financial assistance ("Additional
748	748	26 State Assistance") in excess of the amounts transferred to the
749	749
750	750
751	751
752	752
753	753
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755	755
756	756
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758	758	HB4342 - 21 - LRB103 35589 AWJ 65661 b
759	759	1 Authority from the General Revenue Fund under subsection (a)
760	760	2 of this Section. Additional State Assistance shall be
761	761	3 calculated as provided in subsection (d), but shall in no
762	762	4 event exceed the following specified amounts with respect to
763	763	5 the following State fiscal years:
764	764	6 1990$5,000,000;7 1991$5,000,000;8 1992$10,000,000;9 1993$10,000,000;10 1994$20,000,000;11 1995$30,000,000;12 1996$40,000,000;13 1997$50,000,000;14 1998$55,000,000; and15 each year thereafter$55,000,000. 6 1990 $5,000,000; 7 1991 $5,000,000; 8 1992 $10,000,000; 9 1993 $10,000,000; 10 1994 $20,000,000; 11 1995 $30,000,000; 12 1996 $40,000,000; 13 1997 $50,000,000; 14 1998 $55,000,000; and 15 each year thereafter $55,000,000.
765	765	6 1990 $5,000,000;
766	766	7 1991 $5,000,000;
767	767	8 1992 $10,000,000;
768	768	9 1993 $10,000,000;
769	769	10 1994 $20,000,000;
770	770	11 1995 $30,000,000;
771	771	12 1996 $40,000,000;
772	772	13 1997 $50,000,000;
773	773	14 1998 $55,000,000; and
774	774	15 each year thereafter $55,000,000.
775	775	16 (c-5) The State shall provide financial assistance
776	776	17 ("Additional Financial Assistance") in addition to the
777	777	18 Additional State Assistance provided by subsection (c) and the
778	778	19 amounts transferred to the Authority from the General Revenue
779	779	20 Fund under subsection (a) of this Section. Additional
780	780	21 Financial Assistance provided by this subsection shall be
781	781	22 calculated as provided in subsection (d), but shall in no
782	782	23 event exceed the following specified amounts with respect to
783	783	24 the following State fiscal years:
784	784	25 2000$0;26 2001$16,000,000; 25 2000 $0; 26 2001 $16,000,000;
785	785	25 2000 $0;
786	786	26 2001 $16,000,000;
787	787
788	788
789	789
790	790
791	791
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793	793
794	794
795	795	6 1990 $5,000,000;
796	796	7 1991 $5,000,000;
797	797	8 1992 $10,000,000;
798	798	9 1993 $10,000,000;
799	799	10 1994 $20,000,000;
800	800	11 1995 $30,000,000;
801	801	12 1996 $40,000,000;
802	802	13 1997 $50,000,000;
803	803	14 1998 $55,000,000; and
804	804	15 each year thereafter $55,000,000.
805	805
806	806
807	807	25 2000 $0;
808	808	26 2001 $16,000,000;
809	809
810	810
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812	812	HB4342 - 22 - LRB103 35589 AWJ 65661 b
813	813	1 2002$35,000,000;2 2003$54,000,000;3 2004$73,000,000;4 2005$93,000,000; and5 each year thereafter$100,000,000. 1 2002 $35,000,000; 2 2003 $54,000,000; 3 2004 $73,000,000; 4 2005 $93,000,000; and 5 each year thereafter $100,000,000.
814	814	1 2002 $35,000,000;
815	815	2 2003 $54,000,000;
816	816	3 2004 $73,000,000;
817	817	4 2005 $93,000,000; and
818	818	5 each year thereafter $100,000,000.
819	819	6 (d) Beginning with State fiscal year 1990 and continuing
820	820	7 for each State fiscal year thereafter, the Authority shall
821	821	8 annually certify to the State Comptroller and State Treasurer,
822	822	9 separately with respect to each of subdivisions (g)(2) and
823	823	10 (g)(3) of Section 4.04 of this Act, the following amounts:
824	824	11 (1) The amount necessary and required, during the
825	825	12 State fiscal year with respect to which the certification
826	826	13 is made, to pay its obligations for debt service on all
827	827	14 outstanding bonds or notes issued by the Authority under
828	828	15 subdivisions (g)(2) and (g)(3) of Section 4.04 of this
829	829	16 Act.
830	830	17 (2) An estimate of the amount necessary and required
831	831	18 to pay its obligations for debt service for any bonds or
832	832	19 notes which the Authority anticipates it will issue under
833	833	20 subdivisions (g)(2) and (g)(3) of Section 4.04 during that
834	834	21 State fiscal year.
835	835	22 (3) Its debt service savings during the preceding
836	836	23 State fiscal year from refunding or advance refunding of
837	837	24 bonds or notes issued under subdivisions (g)(2) and (g)(3)
838	838	25 of Section 4.04.
839	839	26 (4) The amount of interest, if any, earned by the
840	840
841	841
842	842
843	843
844	844
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846	846
847	847	1 2002 $35,000,000;
848	848	2 2003 $54,000,000;
849	849	3 2004 $73,000,000;
850	850	4 2005 $93,000,000; and
851	851	5 each year thereafter $100,000,000.
852	852
853	853
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855	855	HB4342 - 23 - LRB103 35589 AWJ 65661 b
856	856	1 Authority during the previous State fiscal year on the
857	857	2 proceeds of bonds or notes issued pursuant to subdivisions
858	858	3 (g)(2) and (g)(3) of Section 4.04, other than refunding or
859	859	4 advance refunding bonds or notes.
860	860	5 The certification shall include a specific schedule of
861	861	6 debt service payments, including the date and amount of each
862	862	7 payment for all outstanding bonds or notes and an estimated
863	863	8 schedule of anticipated debt service for all bonds and notes
864	864	9 it intends to issue, if any, during that State fiscal year,
865	865	10 including the estimated date and estimated amount of each
866	866	11 payment.
867	867	12 Immediately upon the issuance of bonds for which an
868	868	13 estimated schedule of debt service payments was prepared, the
869	869	14 Authority shall file an amended certification with respect to
870	870	15 item (2) above, to specify the actual schedule of debt service
871	871	16 payments, including the date and amount of each payment, for
872	872	17 the remainder of the State fiscal year.
873	873	18 On the first day of each month of the State fiscal year in
874	874	19 which there are bonds outstanding with respect to which the
875	875	20 certification is made, the State Comptroller shall order
876	876	21 transferred and the State Treasurer shall transfer from the
877	877	22 Road Fund to the Public Transportation Fund the Additional
878	878	23 State Assistance and Additional Financial Assistance in an
879	879	24 amount equal to the aggregate of (i) one-twelfth of the sum of
880	880	25 the amounts certified under items (1) and (3) above less the
881	881	26 amount certified under item (4) above, plus (ii) the amount
882	882
883	883
884	884
885	885
886	886
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888	888
889	889
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891	891	HB4342 - 24 - LRB103 35589 AWJ 65661 b
892	892	1 required to pay debt service on bonds and notes issued during
893	893	2 the fiscal year, if any, divided by the number of months
894	894	3 remaining in the fiscal year after the date of issuance, or
895	895	4 some smaller portion as may be necessary under subsection (c)
896	896	5 or (c-5) of this Section for the relevant State fiscal year,
897	897	6 plus (iii) any cumulative deficiencies in transfers for prior
898	898	7 months, until an amount equal to the sum of the amounts
899	899	8 certified under items (1) and (3) above, plus the actual debt
900	900	9 service certified under item (2) above, less the amount
901	901	10 certified under item (4) above, has been transferred; except
902	902	11 that these transfers are subject to the following limits:
903	903	12 (A) In no event shall the total transfers in any State
904	904	13 fiscal year relating to outstanding bonds and notes issued
905	905	14 by the Authority under subdivision (g)(2) of Section 4.04
906	906	15 exceed the lesser of the annual maximum amount specified
907	907	16 in subsection (c) or the sum of the amounts certified
908	908	17 under items (1) and (3) above, plus the actual debt
909	909	18 service certified under item (2) above, less the amount
910	910	19 certified under item (4) above, with respect to those
911	911	20 bonds and notes.
912	912	21 (B) In no event shall the total transfers in any State
913	913	22 fiscal year relating to outstanding bonds and notes issued
914	914	23 by the Authority under subdivision (g)(3) of Section 4.04
915	915	24 exceed the lesser of the annual maximum amount specified
916	916	25 in subsection (c-5) or the sum of the amounts certified
917	917	26 under items (1) and (3) above, plus the actual debt
918	918
919	919
920	920
921	921
922	922
923	923	HB4342 - 24 - LRB103 35589 AWJ 65661 b
924	924
925	925
926	926	HB4342- 25 -LRB103 35589 AWJ 65661 b HB4342 - 25 - LRB103 35589 AWJ 65661 b
927	927	HB4342 - 25 - LRB103 35589 AWJ 65661 b
928	928	1 service certified under item (2) above, less the amount
929	929	2 certified under item (4) above, with respect to those
930	930	3 bonds and notes.
931	931	4 The term "outstanding" does not include bonds or notes for
932	932	5 which refunding or advance refunding bonds or notes have been
933	933	6 issued.
934	934	7 (e) Neither Additional State Assistance nor Additional
935	935	8 Financial Assistance may be pledged, either directly or
936	936	9 indirectly as general revenues of the Authority, as security
937	937	10 for any bonds issued by the Authority. The Authority may not
938	938	11 assign its right to receive Additional State Assistance or
939	939	12 Additional Financial Assistance, or direct payment of
940	940	13 Additional State Assistance or Additional Financial
941	941	14 Assistance, to a trustee or any other entity for the payment of
942	942	15 debt service on its bonds.
943	943	16 (f) The certification required under subsection (d) with
944	944	17 respect to outstanding bonds and notes of the Authority shall
945	945	18 be filed as early as practicable before the beginning of the
946	946	19 State fiscal year to which it relates. The certification shall
947	947	20 be revised as may be necessary to accurately state the debt
948	948	21 service requirements of the Authority.
949	949	22 (g) Within 6 months of the end of each fiscal year, the
950	950	23 Authority shall determine:
951	951	24 (i) whether the aggregate of all system generated
952	952	25 revenues for public transportation in the metropolitan
953	953	26 region which is provided by, or under grant or purchase of
954	954
955	955
956	956
957	957
958	958
959	959	HB4342 - 25 - LRB103 35589 AWJ 65661 b
960	960
961	961
962	962	HB4342- 26 -LRB103 35589 AWJ 65661 b HB4342 - 26 - LRB103 35589 AWJ 65661 b
963	963	HB4342 - 26 - LRB103 35589 AWJ 65661 b
964	964	1 service contracts with, the Service Boards equals 50% of
965	965	2 the aggregate of all costs of providing such public
966	966	3 transportation, excluding, beginning with the
967	967	4 determination next following the effective date of this
968	968	5 amendatory Act of the 103rd General Assembly, fares and
969	969	6 charges for mass transportation to be collected by the
970	970	7 Suburban Bus Board within any area within its jurisdiction
971	971	8 in which more than 45% of households are low-income
972	972	9 households or very low-income households, as those terms
973	973	10 are defined in Section 3 of the Illinois Affordable
974	974	11 Housing Act, and any area in its jurisdiction in which
975	975	12 more than 45% of residents are minority persons, as that
976	976	13 term is defined in Section 2 of the Business Enterprise
977	977	14 for Minorities, Women, and Persons with Disabilities Act.
978	978	15 "System generated revenues" include all the proceeds of
979	979	16 fares and charges for services provided, contributions
980	980	17 received in connection with public transportation from
981	981	18 units of local government other than the Authority, except
982	982	19 for contributions received by the Chicago Transit
983	983	20 Authority from a real estate transfer tax imposed under
984	984	21 subsection (i) of Section 8-3-19 of the Illinois Municipal
985	985	22 Code, and from the State pursuant to subsection (i) of
986	986	23 Section 2705-305 of the Department of Transportation Law,
987	987	24 and all other revenues properly included consistent with
988	988	25 generally accepted accounting principles but may not
989	989	26 include: the proceeds from any borrowing, and, beginning
990	990
991	991
992	992
993	993
994	994
995	995	HB4342 - 26 - LRB103 35589 AWJ 65661 b
996	996
997	997
998	998	HB4342- 27 -LRB103 35589 AWJ 65661 b HB4342 - 27 - LRB103 35589 AWJ 65661 b
999	999	HB4342 - 27 - LRB103 35589 AWJ 65661 b
1000	1000	1 with the 2007 fiscal year, all revenues and receipts,
1001	1001	2 including but not limited to fares and grants received
1002	1002	3 from the federal, State or any unit of local government or
1003	1003	4 other entity, derived from providing ADA paratransit
1004	1004	5 service pursuant to Section 2.30 of the Regional
1005	1005	6 Transportation Authority Act. "Costs" include all items
1006	1006	7 properly included as operating costs consistent with
1007	1007	8 generally accepted accounting principles, including
1008	1008	9 administrative costs, but do not include: depreciation;
1009	1009	10 payment of principal and interest on bonds, notes or other
1010	1010	11 evidences of obligations for borrowed money of the
1011	1011	12 Authority; payments with respect to public transportation
1012	1012	13 facilities made pursuant to subsection (b) of Section
1013	1013	14 2.20; any payments with respect to rate protection
1014	1014	15 contracts, credit enhancements or liquidity agreements
1015	1015	16 made under Section 4.14; any other cost as to which it is
1016	1016	17 reasonably expected that a cash expenditure will not be
1017	1017	18 made; costs for passenger security including grants,
1018	1018	19 contracts, personnel, equipment and administrative
1019	1019	20 expenses, except in the case of the Chicago Transit
1020	1020	21 Authority, in which case the term does not include costs
1021	1021	22 spent annually by that entity for protection against crime
1022	1022	23 as required by Section 27a of the Metropolitan Transit
1023	1023	24 Authority Act; the costs of Debt Service paid by the
1024	1024	25 Chicago Transit Authority, as defined in Section 12c of
1025	1025	26 the Metropolitan Transit Authority Act, or bonds or notes
1026	1026
1027	1027
1028	1028
1029	1029
1030	1030
1031	1031	HB4342 - 27 - LRB103 35589 AWJ 65661 b
1032	1032
1033	1033
1034	1034	HB4342- 28 -LRB103 35589 AWJ 65661 b HB4342 - 28 - LRB103 35589 AWJ 65661 b
1035	1035	HB4342 - 28 - LRB103 35589 AWJ 65661 b
1036	1036	1 issued pursuant to that Section; the payment by the
1037	1037	2 Commuter Rail Division of debt service on bonds issued
1038	1038	3 pursuant to Section 3B.09; expenses incurred by the
1039	1039	4 Suburban Bus Division for the cost of new public
1040	1040	5 transportation services funded from grants pursuant to
1041	1041	6 Section 2.01e of this Act for a period of 2 years from the
1042	1042	7 date of initiation of each such service; costs as exempted
1043	1043	8 by the Board for projects pursuant to Section 2.09 of this
1044	1044	9 Act; or, beginning with the 2007 fiscal year, expenses
1045	1045	10 related to providing ADA paratransit service pursuant to
1046	1046	11 Section 2.30 of the Regional Transportation Authority Act;
1047	1047	12 or in fiscal years 2008 through 2012 inclusive, costs in
1048	1048	13 the amount of $200,000,000 in fiscal year 2008, reducing
1049	1049	14 by $40,000,000 in each fiscal year thereafter until this
1050	1050	15 exemption is eliminated. If said system generated revenues
1051	1051	16 are less than 50% of said costs, the Board shall remit an
1052	1052	17 amount equal to the amount of the deficit to the State;
1053	1053	18 however, due to the fiscal impacts from the COVID-19
1054	1054	19 pandemic, for fiscal years 2021, 2022, 2023, 2024, and
1055	1055	20 2025, no such payment shall be required. The Treasurer
1056	1056	21 shall deposit any such payment in the Road Fund; and
1057	1057	22 (ii) whether, beginning with the 2007 fiscal year, the
1058	1058	23 aggregate of all fares charged and received for ADA
1059	1059	24 paratransit services equals the system generated ADA
1060	1060	25 paratransit services revenue recovery ratio percentage of
1061	1061	26 the aggregate of all costs of providing such ADA
1062	1062
1063	1063
1064	1064
1065	1065
1066	1066
1067	1067	HB4342 - 28 - LRB103 35589 AWJ 65661 b
1068	1068
1069	1069
1070	1070	HB4342- 29 -LRB103 35589 AWJ 65661 b HB4342 - 29 - LRB103 35589 AWJ 65661 b
1071	1071	HB4342 - 29 - LRB103 35589 AWJ 65661 b
1072	1072	1 paratransit services, excluding, beginning with the
1073	1073	2 determination next following the effective date of this
1074	1074	3 amendatory Act of the 103rd General Assembly, fares and
1075	1075	4 charges for mass transportation to be collected by the
1076	1076	5 Suburban Bus Board within any area within its jurisdiction
1077	1077	6 in which more than 45% of households are low-income
1078	1078	7 households or very low-income households, as those terms
1079	1079	8 are defined in Section 3 of the Illinois Affordable
1080	1080	9 Housing Act, and any area in its jurisdiction in which
1081	1081	10 more than 45% of residents are minority persons, as that
1082	1082	11 term is defined in Section 2 of the Business Enterprise
1083	1083	12 for Minorities, Women, and Persons with Disabilities Act.
1084	1084	13 (h) If the Authority makes any payment to the State under
1085	1085	14 paragraph (g), the Authority shall reduce the amount provided
1086	1086	15 to a Service Board from funds transferred under paragraph (a)
1087	1087	16 in proportion to the amount by which that Service Board failed
1088	1088	17 to meet its required system generated revenues recovery ratio.
1089	1089	18 A Service Board which is affected by a reduction in funds under
1090	1090	19 this paragraph shall submit to the Authority concurrently with
1091	1091	20 its next due quarterly report a revised budget incorporating
1092	1092	21 the reduction in funds. The revised budget must meet the
1093	1093	22 criteria specified in clauses (i) through (vi) of Section
1094	1094	23 4.11(b)(2). The Board shall review and act on the revised
1095	1095	24 budget as provided in Section 4.11(b)(3).
1096	1096	25 (Source: P.A. 102-678, eff. 12-10-21; 103-281, eff. 1-1-24.)
1097	1097
1098	1098
1099	1099
1100	1100
1101	1101
1102	1102	HB4342 - 29 - LRB103 35589 AWJ 65661 b
1103	1103
1104	1104
1105	1105	HB4342- 30 -LRB103 35589 AWJ 65661 b HB4342 - 30 - LRB103 35589 AWJ 65661 b
1106	1106	HB4342 - 30 - LRB103 35589 AWJ 65661 b
1107	1107	1 (70 ILCS 3615/4.11) (from Ch. 111 2/3, par. 704.11)
1108	1108	2 Sec. 4.11. Budget Review Powers.
1109	1109	3 (a) Based upon estimates which shall be given to the
1110	1110	4 Authority by the Director of the Governor's Office of
1111	1111	5 Management and Budget (formerly Bureau of the Budget) of the
1112	1112	6 receipts to be received by the Authority from the taxes
1113	1113	7 imposed by the Authority and the authorized estimates of
1114	1114	8 amounts to be available from State and other sources to the
1115	1115	9 Service Boards, and the times at which such receipts and
1116	1116	10 amounts will be available, the Board shall, not later than the
1117	1117	11 next preceding September 15th prior to the beginning of the
1118	1118	12 Authority's next fiscal year, advise each Service Board of the
1119	1119	13 amounts estimated by the Board to be available for such
1120	1120	14 Service Board during such fiscal year and the two following
1121	1121	15 fiscal years and the times at which such amounts will be
1122	1122	16 available. The Board shall, at the same time, also advise each
1123	1123	17 Service Board of its required system generated revenues
1124	1124	18 recovery ratio for the next fiscal year which shall be the
1125	1125	19 percentage of the aggregate costs of providing public
1126	1126	20 transportation by or under jurisdiction of that Service Board
1127	1127	21 which must be recovered from system generated revenues. The
1128	1128	22 Board shall, at the same time, consider the written
1129	1129	23 determination of the Executive Director, made pursuant to
1130	1130	24 Section 2.01d, of the costs of ADA paratransit services that
1131	1131	25 are required to be provided under the federal Americans with
1132	1132	26 Disabilities Act of 1990 and its implementing regulations, and
1133	1133
1134	1134
1135	1135
1136	1136
1137	1137
1138	1138	HB4342 - 30 - LRB103 35589 AWJ 65661 b
1139	1139
1140	1140
1141	1141	HB4342- 31 -LRB103 35589 AWJ 65661 b HB4342 - 31 - LRB103 35589 AWJ 65661 b
1142	1142	HB4342 - 31 - LRB103 35589 AWJ 65661 b
1143	1143	1 shall amend the current year budgets of the Authority and the
1144	1144	2 Service Boards to provide for additional funding for the
1145	1145	3 provision of ADA paratransit services, if needed. The Board
1146	1146	4 shall, at the same time, beginning with the 2007 fiscal year,
1147	1147	5 also advise each Service Board that provides ADA paratransit
1148	1148	6 services of its required system generated ADA paratransit
1149	1149	7 services revenue recovery ratio for the next fiscal year which
1150	1150	8 shall be the percentage of the aggregate costs of providing
1151	1151	9 ADA paratransit services by or under jurisdiction of that
1152	1152	10 Service Board which must be recovered from fares charged for
1153	1153	11 such services, except that such required system generated ADA
1154	1154	12 paratransit services revenue recovery ratio shall not exceed
1155	1155	13 the minimum percentage established pursuant to Section
1156	1156	14 4.01(b)(ii) of this Act and except that, beginning in the
1157	1157	15 fiscal year next following the effective date of this
1158	1158	16 amendatory Act of the 103rd General Assembly, the Suburban Bus
1159	1159	17 Board's revenue recovery ratio does not include fares for any
1160	1160	18 area within the jurisdiction of the Suburban Bus Division
1161	1161	19 where more than 45% of households are low-income households or
1162	1162	20 very low-income households, as those terms are defined in
1163	1163	21 Section 3 of the Illinois Affordable Housing Act, or any area
1164	1164	22 within the jurisdiction of the Suburban Bus Division in which
1165	1165	23 more than 45% of residents are minority persons, as that term
1166	1166	24 is defined in Section 2 of the Business Enterprise for
1167	1167	25 Minorities, Women, and Persons with Disabilities Act. In
1168	1168	26 determining a Service Board's system generated revenue
1169	1169
1170	1170
1171	1171
1172	1172
1173	1173
1174	1174	HB4342 - 31 - LRB103 35589 AWJ 65661 b
1175	1175
1176	1176
1177	1177	HB4342- 32 -LRB103 35589 AWJ 65661 b HB4342 - 32 - LRB103 35589 AWJ 65661 b
1178	1178	HB4342 - 32 - LRB103 35589 AWJ 65661 b
1179	1179	1 recovery ratio, the Board shall consider the historical system
1180	1180	2 generated revenues recovery ratio for the services subject to
1181	1181	3 the jurisdiction of that Service Board. The Board shall not
1182	1182	4 increase a Service Board's system generated revenues recovery
1183	1183	5 ratio for the next fiscal year over such ratio for the current
1184	1184	6 fiscal year disproportionately or prejudicially to increases
1185	1185	7 in such ratios for other Service Boards. The Board may, by
1186	1186	8 ordinance, provide that (i) the cost of research and
1187	1187	9 development projects in the fiscal year beginning January 1,
1188	1188	10 1986 and ending December 31, 1986 conducted pursuant to
1189	1189	11 Section 2.09 of this Act, (ii) the costs for passenger
1190	1190	12 security, and (iii) expenditures of amounts granted to a
1191	1191	13 Service Board from the Innovation, Coordination, and
1192	1192	14 Enhancement Fund for operating purposes may be exempted from
1193	1193	15 the farebox recovery ratio or the system generated revenues
1194	1194	16 recovery ratio of the Chicago Transit Authority, the Suburban
1195	1195	17 Bus Board, and the Commuter Rail Board, or any of them. During
1196	1196	18 fiscal years 2008 through 2012, the Board may also allocate
1197	1197	19 the exemption of $200,000,000 and the reducing amounts of
1198	1198	20 costs provided by this amendatory Act of the 95th General
1199	1199	21 Assembly from the farebox recovery ratio or system generated
1200	1200	22 revenues recovery ratio of each Service Board.
1201	1201	23 (b)(1) Not later than the next preceding November 15 prior
1202	1202	24 to the commencement of such fiscal year, each Service Board
1203	1203	25 shall submit to the Authority its proposed budget for such
1204	1204	26 fiscal year and its proposed financial plan for the two
1205	1205
1206	1206
1207	1207
1208	1208
1209	1209
1210	1210	HB4342 - 32 - LRB103 35589 AWJ 65661 b
1211	1211
1212	1212
1213	1213	HB4342- 33 -LRB103 35589 AWJ 65661 b HB4342 - 33 - LRB103 35589 AWJ 65661 b
1214	1214	HB4342 - 33 - LRB103 35589 AWJ 65661 b
1215	1215	1 following fiscal years. Such budget and financial plan shall
1216	1216	2 (i) be prepared in the format, follow the financial and
1217	1217	3 budgetary practices, and be based on any assumptions and
1218	1218	4 projections required by the Authority and (ii) not project or
1219	1219	5 assume a receipt of revenues from the Authority in amounts
1220	1220	6 greater than those set forth in the estimates provided by the
1221	1221	7 Authority pursuant to subsection (a) of this Section.
1222	1222	8 (2) The Board shall review the proposed budget and
1223	1223	9 two-year financial plan submitted by each Service Board. The
1224	1224	10 Board shall approve the budget and two-year financial plan of
1225	1225	11 a Service Board if:
1226	1226	12 (i) such budget and plan show a balance between (A)
1227	1227	13 anticipated revenues from all sources including operating
1228	1228	14 subsidies and (B) the costs of providing the services
1229	1229	15 specified and of funding any operating deficits or
1230	1230	16 encumbrances incurred in prior periods, including
1231	1231	17 provision for payment when due of principal and interest
1232	1232	18 on outstanding indebtedness;
1233	1233	19 (ii) such budget and plan show cash balances including
1234	1234	20 the proceeds of any anticipated cash flow borrowing
1235	1235	21 sufficient to pay with reasonable promptness all costs and
1236	1236	22 expenses as incurred;
1237	1237	23 (iii) such budget and plan provide for a level of
1238	1238	24 fares or charges and operating or administrative costs for
1239	1239	25 the public transportation provided by or subject to the
1240	1240	26 jurisdiction of such Service Board sufficient to allow the
1241	1241
1242	1242
1243	1243
1244	1244
1245	1245
1246	1246	HB4342 - 33 - LRB103 35589 AWJ 65661 b
1247	1247
1248	1248
1249	1249	HB4342- 34 -LRB103 35589 AWJ 65661 b HB4342 - 34 - LRB103 35589 AWJ 65661 b
1250	1250	HB4342 - 34 - LRB103 35589 AWJ 65661 b
1251	1251	1 Service Board to meet its required system generated
1252	1252	2 revenue recovery ratio and, beginning with the 2007 fiscal
1253	1253	3 year, system generated ADA paratransit services revenue
1254	1254	4 recovery ratio;
1255	1255	5 (iv) such budget and plan are based upon and employ
1256	1256	6 assumptions and projections which are reasonable and
1257	1257	7 prudent;
1258	1258	8 (v) such budget and plan have been prepared in
1259	1259	9 accordance with sound financial practices as determined by
1260	1260	10 the Board;
1261	1261	11 (vi) such budget and plan meet such other financial,
1262	1262	12 budgetary, or fiscal requirements that the Board may by
1263	1263	13 rule or regulation establish; and
1264	1264	14 (vii) such budget and plan are consistent with the
1265	1265	15 goals and objectives adopted by the Authority in the
1266	1266	16 Strategic Plan.
1267	1267	17 (3) (Blank).
1268	1268	18 (4) Unless the Board by an affirmative vote of 12 of the
1269	1269	19 then Directors determines that the budget and financial plan
1270	1270	20 of a Service Board meets the criteria specified in clauses (i)
1271	1271	21 through (vii) of subparagraph (2) of this paragraph (b), the
1272	1272	22 Board shall withhold from that Service Board 25% of the cash
1273	1273	23 proceeds of taxes imposed by the Authority under Section 4.03
1274	1274	24 and Section 4.03.1 and received after February 1 and 25% of the
1275	1275	25 amounts transferred to the Authority from the Public
1276	1276	26 Transportation Fund under Section 4.09(a) (but not including
1277	1277
1278	1278
1279	1279
1280	1280
1281	1281
1282	1282	HB4342 - 34 - LRB103 35589 AWJ 65661 b
1283	1283
1284	1284
1285	1285	HB4342- 35 -LRB103 35589 AWJ 65661 b HB4342 - 35 - LRB103 35589 AWJ 65661 b
1286	1286	HB4342 - 35 - LRB103 35589 AWJ 65661 b
1287	1287	1 Section 4.09(a)(3)(iv)) after February 1 that the Board has
1288	1288	2 estimated to be available to that Service Board under Section
1289	1289	3 4.11(a). Such funding shall be released to the Service Board
1290	1290	4 only upon approval of a budget and financial plan under this
1291	1291	5 Section or adoption of a budget and financial plan on behalf of
1292	1292	6 the Service Board by the Authority.
1293	1293	7 (5) If the Board has not found that the budget and
1294	1294	8 financial plan of a Service Board meets the criteria specified
1295	1295	9 in clauses (i) through (vii) of subparagraph (2) of this
1296	1296	10 paragraph (b), the Board, by the affirmative vote of at least
1297	1297	11 12 of its then Directors, shall adopt a budget and financial
1298	1298	12 plan meeting such criteria for that Service Board.
1299	1299	13 (c)(1) If the Board shall at any time have received a
1300	1300	14 revised estimate, or revises any estimate the Board has made,
1301	1301	15 pursuant to this Section of the receipts to be collected by the
1302	1302	16 Authority which, in the judgment of the Board, requires a
1303	1303	17 change in the estimates on which the budget of any Service
1304	1304	18 Board is based, the Board shall advise the affected Service
1305	1305	19 Board of such revised estimates, and such Service Board shall
1306	1306	20 within 30 days after receipt of such advice submit a revised
1307	1307	21 budget incorporating such revised estimates. If the revised
1308	1308	22 estimates require, in the judgment of the Board, that the
1309	1309	23 system generated revenues recovery ratio of one or more
1310	1310	24 Service Boards be revised in order to allow the Authority to
1311	1311	25 meet its required ratio, the Board shall advise any such
1312	1312	26 Service Board of its revised ratio and such Service Board
1313	1313
1314	1314
1315	1315
1316	1316
1317	1317
1318	1318	HB4342 - 35 - LRB103 35589 AWJ 65661 b
1319	1319
1320	1320
1321	1321	HB4342- 36 -LRB103 35589 AWJ 65661 b HB4342 - 36 - LRB103 35589 AWJ 65661 b
1322	1322	HB4342 - 36 - LRB103 35589 AWJ 65661 b
1323	1323	1 shall within 30 days after receipt of such advice submit a
1324	1324	2 revised budget incorporating such revised estimates or ratio.
1325	1325	3 (2) Each Service Board shall, within such period after the
1326	1326	4 end of each fiscal quarter as shall be specified by the Board,
1327	1327	5 report to the Authority its financial condition and results of
1328	1328	6 operations and the financial condition and results of
1329	1329	7 operations of the public transportation services subject to
1330	1330	8 its jurisdiction, as at the end of and for such quarter. If in
1331	1331	9 the judgment of the Board such condition and results are not
1332	1332	10 substantially in accordance with such Service Board's budget
1333	1333	11 for such period, the Board shall so advise such Service Board
1334	1334	12 and such Service Board shall within the period specified by
1335	1335	13 the Board submit a revised budget incorporating such results.
1336	1336	14 (3) If the Board shall determine that a revised budget
1337	1337	15 submitted by a Service Board pursuant to subparagraph (1) or
1338	1338	16 (2) of this paragraph (c) does not meet the criteria specified
1339	1339	17 in clauses (i) through (vii) of subparagraph (2) of paragraph
1340	1340	18 (b) of this Section, the Board shall withhold from that
1341	1341	19 Service Board 25% of the cash proceeds of taxes imposed by the
1342	1342	20 Authority under Section 4.03 or 4.03.1 and received by the
1343	1343	21 Authority after February 1 and 25% of the amounts transferred
1344	1344	22 to the Authority from the Public Transportation Fund under
1345	1345	23 Section 4.09(a) (but not including Section 4.09(a)(3)(iv))
1346	1346	24 after February 1 that the Board has estimated to be available
1347	1347	25 to that Service Board under Section 4.11(a). If the Service
1348	1348	26 Board submits a revised financial plan and budget which plan
1349	1349
1350	1350
1351	1351
1352	1352
1353	1353
1354	1354	HB4342 - 36 - LRB103 35589 AWJ 65661 b
1355	1355
1356	1356
1357	1357	HB4342- 37 -LRB103 35589 AWJ 65661 b HB4342 - 37 - LRB103 35589 AWJ 65661 b
1358	1358	HB4342 - 37 - LRB103 35589 AWJ 65661 b
1359	1359	1 and budget shows that the criteria will be met within a four
1360	1360	2 quarter period, the Board shall release any such withheld
1361	1361	3 funds to the Service Board. The Board by the affirmative vote
1362	1362	4 of at least 12 of its then Directors may require a Service
1363	1363	5 Board to submit a revised financial plan and budget which
1364	1364	6 shows that the criteria will be met in a time period less than
1365	1365	7 four quarters.
1366	1366	8 (d) All budgets and financial plans, financial statements,
1367	1367	9 audits and other information presented to the Authority
1368	1368	10 pursuant to this Section or which may be required by the Board
1369	1369	11 to permit it to monitor compliance with the provisions of this
1370	1370	12 Section shall be prepared and presented in such manner and
1371	1371	13 frequency and in such detail as shall have been prescribed by
1372	1372	14 the Board, shall be prepared on both an accrual and cash flow
1373	1373	15 basis as specified by the Board, shall present such
1374	1374	16 information as the Authority shall prescribe that fairly
1375	1375	17 presents the condition of any pension plan or trust for health
1376	1376	18 care benefits with respect to retirees established by the
1377	1377	19 Service Board and describes the plans of the Service Board to
1378	1378	20 meet the requirements of Sections 4.02a and 4.02b, and shall
1379	1379	21 identify and describe the assumptions and projections employed
1380	1380	22 in the preparation thereof to the extent required by the
1381	1381	23 Board. If the Executive Director certifies that a Service
1382	1382	24 Board has not presented its budget and two-year financial plan
1383	1383	25 in conformity with the rules adopted by the Authority under
1384	1384	26 the provisions of Section 4.01(f) and this subsection (d), and
1385	1385
1386	1386
1387	1387
1388	1388
1389	1389
1390	1390	HB4342 - 37 - LRB103 35589 AWJ 65661 b
1391	1391
1392	1392
1393	1393	HB4342- 38 -LRB103 35589 AWJ 65661 b HB4342 - 38 - LRB103 35589 AWJ 65661 b
1394	1394	HB4342 - 38 - LRB103 35589 AWJ 65661 b
1395	1395	1 such certification is accepted by the affirmative vote of at
1396	1396	2 least 12 of the then Directors of the Authority, the Authority
1397	1397	3 shall not distribute to that Service Board any funds for
1398	1398	4 operating purposes in excess of the amounts distributed for
1399	1399	5 such purposes to the Service Board in the previous fiscal
1400	1400	6 year. Except when the Board adopts a budget and a financial
1401	1401	7 plan for a Service Board under paragraph (b)(5), a Service
1402	1402	8 Board shall provide for such levels of transportation services
1403	1403	9 and fares or charges therefor as it deems appropriate and
1404	1404	10 necessary in the preparation of a budget and financial plan
1405	1405	11 meeting the criteria set forth in clauses (i) through (vii) of
1406	1406	12 subparagraph (2) of paragraph (b) of this Section. The
1407	1407	13 Authority shall have access to and the right to examine and
1408	1408	14 copy all books, documents, papers, records, or other source
1409	1409	15 data of a Service Board relevant to any information submitted
1410	1410	16 pursuant to this Section.
1411	1411	17 (e) Whenever this Section requires the Board to make
1412	1412	18 determinations with respect to estimates, budgets or financial
1413	1413	19 plans, or rules or regulations with respect thereto such
1414	1414	20 determinations shall be made upon the affirmative vote of at
1415	1415	21 least 12 of the then Directors and shall be incorporated in a
1416	1416	22 written report of the Board and such report shall be submitted
1417	1417	23 within 10 days after such determinations are made to the
1418	1418	24 Governor, the Mayor of Chicago (if such determinations relate
1419	1419	25 to the Chicago Transit Authority), and the Auditor General of
1420	1420	26 Illinois.
1421	1421
1422	1422
1423	1423
1424	1424
1425	1425
1426	1426	HB4342 - 38 - LRB103 35589 AWJ 65661 b
1427	1427
1428	1428
1429	1429	HB4342- 39 -LRB103 35589 AWJ 65661 b HB4342 - 39 - LRB103 35589 AWJ 65661 b
1430	1430	HB4342 - 39 - LRB103 35589 AWJ 65661 b
1431	1431	1 (Source: P.A. 97-399, eff. 8-16-11.)
1432	1432	2 (70 ILCS 3615/4.17 new)
1433	1433	3 Sec. 4.17. Funding for certain areas. The Authority must
1434	1434	4 provide the Suburban Bus Division with any funding assistance
1435	1435	5 the Suburban Bus Board determines is needed to maintain routes
1436	1436	6 in any area within the jurisdiction of the Suburban Bus Board
1437	1437	7 in which more than 45% of households are low-income households
1438	1438	8 or very low-income households, as those terms are defined in
1439	1439	9 Section 3 of the Illinois Affordable Housing Act, and
1440	1440	any area
1441	1441	10 within the jurisdiction of the Suburban Bus Board in which
1442	1442	11 more than 45% of residents are minority persons, as that term
1443	1443	12 is defined in Section 2 of the Business Enterprise for
1444	1444	13 Minorities, Women, and Persons with Disabilities Act. The
1445	1445	14 Suburban Bus Board must annually, before the close of the
1446	1446	15 Suburban Bus Board's fiscal year, provide to the Authority (i)
1447	1447	16 the boundaries of each area within the jurisdiction of the
1448	1448	17 Suburban Bus Board in which more than 45% of households are
1449	1449	18 low-income households or very low-income households and each
1450	1450	19 area within the jurisdiction of the Suburban Bus Board in
1451	1451	20 which more than 45% of residents are minority persons and (ii)
1452	1452	21 the amount of funding assistance needed to maintain those
1453	1453	22 routes.
1454	1454	23 Section 90. The State Mandates Act is amended by adding
1455	1455	24 Section 8.47 as follows:
1456	1456
1457	1457
1458	1458
1459	1459
1460	1460
1461	1461	HB4342 - 39 - LRB103 35589 AWJ 65661 b
1462	1462
1463	1463
1464	1464	HB4342- 40 -LRB103 35589 AWJ 65661 b HB4342 - 40 - LRB103 35589 AWJ 65661 b
1465	1465	HB4342 - 40 - LRB103 35589 AWJ 65661 b
1466	1466	1 (30 ILCS 805/8.47 new)
1467	1467	2 Sec. 8.47. Exempt mandate. Notwithstanding Sections 6 and
1468	1468	3 8 of this Act, no reimbursement by the State is required for
1469	1469	4 the implementation of any mandate created by this amendatory
1470	1470	5 Act of the 103rd General Assembly.
1471	1471	HB4342- 41 -LRB103 35589 AWJ 65661 b 1 INDEX 2 Statutes amended in order of appearance HB4342- 41 -LRB103 35589 AWJ 65661 b HB4342 - 41 - LRB103 35589 AWJ 65661 b 1 INDEX 2 Statutes amended in order of appearance
1472	1472	HB4342- 41 -LRB103 35589 AWJ 65661 b HB4342 - 41 - LRB103 35589 AWJ 65661 b
1473	1473	HB4342 - 41 - LRB103 35589 AWJ 65661 b
1474	1474	1 INDEX
1475	1475	2 Statutes amended in order of appearance
1476	1476
1477	1477
1478	1478
1479	1479
1480	1480
1481	1481	HB4342 - 40 - LRB103 35589 AWJ 65661 b
1482	1482
1483	1483
1484	1484
1485	1485	HB4342- 41 -LRB103 35589 AWJ 65661 b HB4342 - 41 - LRB103 35589 AWJ 65661 b
1486	1486	HB4342 - 41 - LRB103 35589 AWJ 65661 b
1487	1487	1 INDEX
1488	1488	2 Statutes amended in order of appearance
1489	1489
1490	1490
1491	1491
1492	1492
1493	1493
1494	1494	HB4342 - 41 - LRB103 35589 AWJ 65661 b