Illinois 2025-2026 Regular Session

Illinois Senate Bill SB1938 Compare Versions

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

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1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1938 Introduced 2/6/2025, by Sen. Ram Villivalam SYNOPSIS AS INTRODUCED: See Index Creates the Road Usage Charge Act. Establishes the Road Usage Charge Advisory Committee to guide the development and evaluation of the road usage charge pilot program and to assess the potential for mileage-based revenue as an alternative to the current system of taxing highway use through motor fuel taxes. Sets forth the membership and duties of the committee. Requires the Department of Transportation, in consultation with the Secretary of State and based on the recommendations of the Committee, to implement a statewide pilot program by January 1, 2026 to assess a user fee on owners of motor vehicles that is based on the number of miles traveled on public roadways in this State by those vehicles. Amends the Metropolitan Transit Authority Act. Provides that, on and after February 1, 2026, the Chicago Transit Board shall have 8 members (currently 7 members). Makes changes to the number of affirmative votes by Directors required to issue bonds. Amends the Regional Transportation Authority Act. Provides that the Annual Budget and 2-Year Financial Plan must show that the aggregate of all projected fare revenues from fares and charges for mass transportation provided by, or under grant or purchase of service contracts of, the Service Boards received in fiscal years 2026 and 2027 shall equal at least 25%, and in fiscal years 2028 and 2029 and every year thereafter at least 15%, of the aggregate cost of providing such public transportation in those fiscal years. Provides that, beginning July 1, 2026, the Regional Transportation Authority shall be the sole agency responsible for the management and oversight of the fare collection systems used on all public transportation provided by the Service Boards. Makes changes to the membership of the Suburban Bus Board and the Commuter Rail Board. Makes changes to the number of affirmative votes required by the Directors of the Authority to approve decisions regarding the strategic plan, coordination of fares and service, appointment of officers and employees, paratransit services, powers of the Commuter Rail Board, labor, budget, taxes, distribution of revenues, issuing and pledging bonds and notes, budget review powers, the annual capital improvement plan, and rate protection contracts. Makes other changes. Effective January 1, 2026. LRB104 12003 RTM 22098 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1938 Introduced 2/6/2025, by Sen. Ram Villivalam SYNOPSIS AS INTRODUCED: See Index See Index Creates the Road Usage Charge Act. Establishes the Road Usage Charge Advisory Committee to guide the development and evaluation of the road usage charge pilot program and to assess the potential for mileage-based revenue as an alternative to the current system of taxing highway use through motor fuel taxes. Sets forth the membership and duties of the committee. Requires the Department of Transportation, in consultation with the Secretary of State and based on the recommendations of the Committee, to implement a statewide pilot program by January 1, 2026 to assess a user fee on owners of motor vehicles that is based on the number of miles traveled on public roadways in this State by those vehicles. Amends the Metropolitan Transit Authority Act. Provides that, on and after February 1, 2026, the Chicago Transit Board shall have 8 members (currently 7 members). Makes changes to the number of affirmative votes by Directors required to issue bonds. Amends the Regional Transportation Authority Act. Provides that the Annual Budget and 2-Year Financial Plan must show that the aggregate of all projected fare revenues from fares and charges for mass transportation provided by, or under grant or purchase of service contracts of, the Service Boards received in fiscal years 2026 and 2027 shall equal at least 25%, and in fiscal years 2028 and 2029 and every year thereafter at least 15%, of the aggregate cost of providing such public transportation in those fiscal years. Provides that, beginning July 1, 2026, the Regional Transportation Authority shall be the sole agency responsible for the management and oversight of the fare collection systems used on all public transportation provided by the Service Boards. Makes changes to the membership of the Suburban Bus Board and the Commuter Rail Board. Makes changes to the number of affirmative votes required by the Directors of the Authority to approve decisions regarding the strategic plan, coordination of fares and service, appointment of officers and employees, paratransit services, powers of the Commuter Rail Board, labor, budget, taxes, distribution of revenues, issuing and pledging bonds and notes, budget review powers, the annual capital improvement plan, and rate protection contracts. Makes other changes. Effective January 1, 2026. LRB104 12003 RTM 22098 b LRB104 12003 RTM 22098 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1938 Introduced 2/6/2025, by Sen. Ram Villivalam SYNOPSIS AS INTRODUCED:
3	3	See Index See Index
4	4	See Index
5	5	Creates the Road Usage Charge Act. Establishes the Road Usage Charge Advisory Committee to guide the development and evaluation of the road usage charge pilot program and to assess the potential for mileage-based revenue as an alternative to the current system of taxing highway use through motor fuel taxes. Sets forth the membership and duties of the committee. Requires the Department of Transportation, in consultation with the Secretary of State and based on the recommendations of the Committee, to implement a statewide pilot program by January 1, 2026 to assess a user fee on owners of motor vehicles that is based on the number of miles traveled on public roadways in this State by those vehicles. Amends the Metropolitan Transit Authority Act. Provides that, on and after February 1, 2026, the Chicago Transit Board shall have 8 members (currently 7 members). Makes changes to the number of affirmative votes by Directors required to issue bonds. Amends the Regional Transportation Authority Act. Provides that the Annual Budget and 2-Year Financial Plan must show that the aggregate of all projected fare revenues from fares and charges for mass transportation provided by, or under grant or purchase of service contracts of, the Service Boards received in fiscal years 2026 and 2027 shall equal at least 25%, and in fiscal years 2028 and 2029 and every year thereafter at least 15%, of the aggregate cost of providing such public transportation in those fiscal years. Provides that, beginning July 1, 2026, the Regional Transportation Authority shall be the sole agency responsible for the management and oversight of the fare collection systems used on all public transportation provided by the Service Boards. Makes changes to the membership of the Suburban Bus Board and the Commuter Rail Board. Makes changes to the number of affirmative votes required by the Directors of the Authority to approve decisions regarding the strategic plan, coordination of fares and service, appointment of officers and employees, paratransit services, powers of the Commuter Rail Board, labor, budget, taxes, distribution of revenues, issuing and pledging bonds and notes, budget review powers, the annual capital improvement plan, and rate protection contracts. Makes other changes. Effective January 1, 2026.
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8	8	A BILL FOR
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11	11	1 AN ACT concerning transportation.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 1. Short title. This Act may be cited as the
15	15	5 Illinois Road Usage Charge Act.
16	16	6 Section 5. Findings.
17	17	7 (a) The General Assembly finds and declares that an
18	18	8 efficient and safe transportation system is critical for
19	19	9 Illinois' economy and quality of life. The revenue currently
20	20	10 available for highways and local roads is not adequate to
21	21	11 preserve and maintain existing infrastructure and to provide
22	22	12 funds for improvements that would incorporate safety factors,
23	23	13 eliminate travel related injuries and fatalities, reduce
24	24	14 congestion, and improve service.
25	25	15 (b) The General Assembly further recognizes that the gas
26	26	16 tax is an ineffective mechanism for meeting Illinois'
27	27	17 long-term revenue needs because it will steadily generate less
28	28	18 revenue as cars become more fuel efficient and alternative
29	29	19 sources of fuel are identified.
30	30	20 (c) The General Assembly further recognizes that other
31	31	21 states have begun to explore the potential for a road usage
32	32	22 charge to replace traditional motor fuel taxes, including the
33	33	23 State of Oregon, which established the first permanent road
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37	37	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1938 Introduced 2/6/2025, by Sen. Ram Villivalam SYNOPSIS AS INTRODUCED:
38	38	See Index See Index
39	39	See Index
40	40	Creates the Road Usage Charge Act. Establishes the Road Usage Charge Advisory Committee to guide the development and evaluation of the road usage charge pilot program and to assess the potential for mileage-based revenue as an alternative to the current system of taxing highway use through motor fuel taxes. Sets forth the membership and duties of the committee. Requires the Department of Transportation, in consultation with the Secretary of State and based on the recommendations of the Committee, to implement a statewide pilot program by January 1, 2026 to assess a user fee on owners of motor vehicles that is based on the number of miles traveled on public roadways in this State by those vehicles. Amends the Metropolitan Transit Authority Act. Provides that, on and after February 1, 2026, the Chicago Transit Board shall have 8 members (currently 7 members). Makes changes to the number of affirmative votes by Directors required to issue bonds. Amends the Regional Transportation Authority Act. Provides that the Annual Budget and 2-Year Financial Plan must show that the aggregate of all projected fare revenues from fares and charges for mass transportation provided by, or under grant or purchase of service contracts of, the Service Boards received in fiscal years 2026 and 2027 shall equal at least 25%, and in fiscal years 2028 and 2029 and every year thereafter at least 15%, of the aggregate cost of providing such public transportation in those fiscal years. Provides that, beginning July 1, 2026, the Regional Transportation Authority shall be the sole agency responsible for the management and oversight of the fare collection systems used on all public transportation provided by the Service Boards. Makes changes to the membership of the Suburban Bus Board and the Commuter Rail Board. Makes changes to the number of affirmative votes required by the Directors of the Authority to approve decisions regarding the strategic plan, coordination of fares and service, appointment of officers and employees, paratransit services, powers of the Commuter Rail Board, labor, budget, taxes, distribution of revenues, issuing and pledging bonds and notes, budget review powers, the annual capital improvement plan, and rate protection contracts. Makes other changes. Effective January 1, 2026.
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43	43	A BILL FOR
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68	68	1 user charge program in the nation. Road usage charging is a
69	69	2 policy whereby motorists pay for the use of the roadway
70	70	3 network based on the distance they travel. Drivers pay the
71	71	4 same rate per mile driven, regardless of what part of the
72	72	5 roadway network they use.
73	73	6 (d) The General Assembly, therefore, finds that experience
74	74	7 to date in other states across the nation demonstrates that
75	75	8 mileage-based charges can be implemented in a way that ensures
76	76	9 data security and maximum privacy protection for drivers. It
77	77	10 is important that Illinois begins to explore alternative
78	78	11 revenue sources that may be implemented in lieu of the
79	79	12 antiquated motor fuel tax structure now in place.
80	80	13 Section 10. Definitions.
81	81	14 "Committee" means the Road Usage Charge Advisory
82	82	15 Committee.
83	83	16 "Department" means the Department of Transportation.
84	84	17 "Pilot Program" means the Road Usage Charge Pilot Program.
85	85	18 Section 15. Road Usage Charge Advisory Committee.
86	86	19 (a) The Road Usage Charge Advisory Committee is
87	87	20 established to guide the development and evaluation of the
88	88	21 road usage charge pilot program to assess the potential for
89	89	22 mileage-based revenue as an alternative to the current system
90	90	23 of taxing highway use through motor fuel taxes.
91	91	24 (b) The Committee shall consist of 10 members as follows:
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102	102	1 (1) the Secretary of Transportation or the Secretary's
103	103	2 designee;
104	104	3 (2) the Executive Director of the Chicago Metropolitan
105	105	4 Agency for Planning or the Executive Director's designee;
106	106	5 (3) one member appointed by the Senate President;
107	107	6 (4) one member appointed by the Speaker of the House
108	108	7 of Representatives;
109	109	8 (5) one member appointed by the chair of the standing
110	110	9 committee of the Senate having primary jurisdiction over
111	111	10 transportation;
112	112	11 (6) one member appointed by the standing committee of
113	113	12 the House of Representatives having primary jurisdiction
114	114	13 over transportation; and
115	115	14 (7) four members appointed by the Governor.
116	116	15 (c) The Committee shall:
117	117	16 (1) conduct at least 3 public hearings to gather
118	118	17 public comment on issues and concerns related to the pilot
119	119	18 program;
120	120	19 (2) make recommendations to the Department to
121	121	20 establish the rules necessary for implementation of the
122	122	21 pilot program, including a process for selecting
123	123	22 volunteers, mileage reporting requirements, and privacy
124	124	23 standards;
125	125	24 (3) make recommendations to the Department on the
126	126	25 criteria to be used to evaluate the pilot program; and
127	127	26 (4) evaluate the pilot program.
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138	138	1 (d) On request, the Department shall assist the Committee
139	139	2 in implementing this Section.
140	140	3 Section 20. Pilot program.
141	141	4 (a) The Department, in consultation with the Secretary of
142	142	5 State and based on the recommendations of the Committee, shall
143	143	6 develop and implement a statewide pilot program by January 1,
144	144	7 2026 to assess a user fee on owners of motor vehicles that is
145	145	8 based on the number of miles traveled on public roadways in
146	146	9 this State by those vehicles.
147	147	10 (b) The pilot program must:
148	148	11 (1) include at least 1,000 motor vehicles;
149	149	12 (2) analyze alternative means of collecting road usage
150	150	13 data, including at least one alternative that does not
151	151	14 rely on electronic vehicle location data;
152	152	15 (3) test the reliability, ease of use, cost, and
153	153	16 public acceptance of technology and methods for:
154	154	17 (A) counting the number of miles traveled by motor
155	155	18 vehicles;
156	156	19 (B) reporting the number of miles traveled by
157	157	20 particular vehicles; and
158	158	21 (C) collecting payments from participants in the
159	159	22 pilot program;
160	160	23 (4) analyze and evaluate the ability of different
161	161	24 technologies and methods to:
162	162	25 (A) protect the integrity of data collected and
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173	173	1 reported;
174	174	2 (B) ensure operators' privacy; and
175	175	3 (C) vary pricing based on the time of driving and
176	176	4 type of public highway;
177	177	5 (5) evaluate the enforceability of the road usage
178	178	6 charge and opportunities for operators to evade or
179	179	7 manipulate the fee;
180	180	8 (6) evaluate the impact of the road usage charge on
181	181	9 equity; and
182	182	10 (7) provide special consideration for privacy,
183	183	11 including:
184	184	12 (A) collecting a minimum amount of personal
185	185	13 information, including location tracking information,
186	186	14 necessary to implement the pilot program; and
187	187	15 (B) ensuring that processes for collecting,
188	188	16 managing, storing, transmitting, and destroying data
189	189	17 are in place to protect the integrity of the data and
190	190	18 safeguard the privacy of drivers.
191	191	19 (c) The Department shall ensure that participants in the
192	192	20 pilot program:
193	193	21 (1) are included only on a voluntary basis; and
194	194	22 (2) represent a variety of motor vehicle operators,
195	195	23 including operators of passenger vehicles, commercial
196	196	24 motor vehicles, and electric vehicles.
197	197	25 (d) The pilot program may not last less than one year.
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208	208	1 Section 25. Compensation of participants. The Department
209	209	2 shall establish, by rule, a process to ensure that
210	210	3 participants in the pilot program are not required to spend
211	211	4 more on fees or taxes associated with road usage than if they
212	212	5 had not participated in the program. A process adopted under
213	213	6 this Section may include a refund of motor fuel taxes paid by
214	214	7 the participant or other compensation.
215	215	8 Section 30. Report. Not later than 18 months after the
216	216	9 implementation of the pilot program, the Department, working
217	217	10 in conjunction with the Committee, shall submit to the General
218	218	11 Assembly a report summarizing the results of the pilot
219	219	12 program, including:
220	220	13 (1) the feasibility of permanently assessing a vehicle
221	221	14 mileage user fee;
222	222	15 (2) the cost of the program;
223	223	16 (3) privacy concerns and perceptions;
224	224	17 (4) data collection technology, including a discussion
225	225	18 of the advantages and disadvantages of various types of
226	226	19 data collection equipment and the privacy implications and
227	227	20 consideration of the equipment;
228	228	21 (5) security and compliance, including a discussion of
229	229	22 processes and security measures necessary to minimize
230	230	23 fraud and tax evasion rates; and
231	231	24 (6) the Department's recommendations together with
232	232	25 suggested legislation necessary to implement the
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243	243	1 recommendations.
244	244	2 Section 35. The Metropolitan Transit Authority Act is
245	245	3 amended by changing Sections 12a, 12b, 12c, 19, 20, 22, 23,
246	246	4 28a, and 34 as follows:
247	247	5 (70 ILCS 3605/12a) (from Ch. 111 2/3, par. 312a)
248	248	6 Sec. 12a. (a) In addition to other powers provided in
249	249	7 Section 12b, the Authority may issue its notes from time to
250	250	8 time, in anticipation of tax receipts of the Regional
251	251	9 Transportation Authority allocated to the Authority or of
252	252	10 other revenues or receipts of the Authority, in order to
253	253	11 provide money for the Authority to cover any cash flow deficit
254	254	12 which the Authority anticipates incurring. Provided, however,
255	255	13 that no such notes may be issued unless the annual cost thereof
256	256	14 is incorporated in a budget or revised budget of the Authority
257	257	15 which has been approved by the Regional Transportation
258	258	16 Authority. Any such notes are referred to as "Working Cash
259	259	17 Notes". Provided further that, the board shall not issue and
260	260	18 have outstanding or demand and direct that the Board of the
261	261	19 Regional Transportation Authority issue and have outstanding
262	262	20 more than an aggregate of $40,000,000 in Working Cash Notes.
263	263	21 No Working Cash Notes shall be issued for a term of longer than
264	264	22 18 months. Proceeds of Working Cash Notes may be used to pay
265	265	23 day to day operating expenses of the Authority, consisting of
266	266	24 wages, salaries and fringe benefits, professional and
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277	277	1 technical services (including legal, audit, engineering and
278	278	2 other consulting services), office rental, furniture, fixtures
279	279	3 and equipment, insurance premiums, claims for self-insured
280	280	4 amounts under insurance policies, public utility obligations
281	281	5 for telephone, light, heat and similar items, travel expenses,
282	282	6 office supplies, postage, dues, subscriptions, public hearings
283	283	7 and information expenses, fuel purchases, and payments of
284	284	8 grants and payments under purchase of service agreements for
285	285	9 operations of transportation agencies, prior to the receipt by
286	286	10 the Authority from time to time of funds for paying such
287	287	11 expenses. Proceeds of the Working Cash Notes shall not be used
288	288	12 (i) to increase or provide a debt service reserve fund for any
289	289	13 bonds or notes other than Working Cash Notes of the same
290	290	14 Series, or (ii) to pay principal of or interest or redemption
291	291	15 premium on any capital bonds or notes, whether as such amounts
292	292	16 become due or by earlier redemption, issued by the Authority
293	293	17 or a transportation agency to construct or acquire public
294	294	18 transportation facilities, or to provide funds to purchase
295	295	19 such capital bonds or notes.
296	296	20 (b) The ordinance providing for the issuance of any such
297	297	21 notes shall fix the date or dates of maturity, the dates on
298	298	22 which interest is payable, any sinking fund account or reserve
299	299	23 fund account provisions and all other details of such notes
300	300	24 and may provide for such covenants or agreements necessary or
301	301	25 desirable with regard to the issue, sale and security of such
302	302	26 notes. The Authority shall determine and fix the rate or rates
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313	313	1 of interest of its notes issued under this Act in an ordinance
314	314	2 adopted by the Board prior to the issuance thereof, none of
315	315	3 which rates of interest shall exceed that permitted in the
316	316	4 Bond Authorization Act. Interest may be payable annually or
317	317	5 semi-annually, or at such other times as determined by the
318	318	6 Board. Notes issued under this Section may be issued as serial
319	319	7 or term obligations, shall be of such denomination or
320	320	8 denominations and form, including interest coupons to be
321	321	9 attached thereto, be executed in such manner, shall be payable
322	322	10 at such place or places and bear such date as the Board shall
323	323	11 fix by the ordinance authorizing such note and shall mature at
324	324	12 such time or times, within a period not to exceed 18 months
325	325	13 from the date of issue, and may be redeemable prior to maturity
326	326	14 with or without premium, at the option of the Board, upon such
327	327	15 terms and conditions as the Board shall fix by the ordinance
328	328	16 authorizing the issuance of such notes. The Board may provide
329	329	17 for the registration of notes in the name of the owner as to
330	330	18 the principal alone or as to both principal and interest, upon
331	331	19 such terms and conditions as the Board may determine. The
332	332	20 ordinance authorizing notes may provide for the exchange of
333	333	21 such notes which are fully registered, as to both principal
334	334	22 and interest, with notes which are registerable as to
335	335	23 principal only. All notes issued under this Section by the
336	336	24 Board shall be sold at a price which may be at a premium or
337	337	25 discount but such that the interest cost (excluding any
338	338	26 redemption premium) to the Board of the proceeds of an issue of
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349	349	1 such notes, computed to stated maturity according to standard
350	350	2 tables of bond values, shall not exceed that permitted in the
351	351	3 Bond Authorization Act. Such notes shall be sold at such time
352	352	4 or times as the Board shall determine. The notes may be sold
353	353	5 either upon competitive bidding or by negotiated sale (without
354	354	6 any requirement of publication of intention to negotiate the
355	355	7 sale of such notes), as the Board shall determine by ordinance
356	356	8 adopted with the affirmative votes of at least 4 Directors,
357	357	9 prior to February 1, 2026, and with the affirmative votes of at
358	358	10 least 5 Directors, beginning February 1 2026. In case any
359	359	11 officer whose signature appears on any notes or coupons
360	360	12 authorized pursuant to this Section shall cease to be such
361	361	13 officer before delivery of such notes, such signature shall
362	362	14 nevertheless be valid and sufficient for all purposes, the
363	363	15 same as if such officer had remained in office until such
364	364	16 delivery. Neither the Directors of the Regional Transportation
365	365	17 Authority, the Directors of the Authority nor any person
366	366	18 executing any bonds or notes thereof shall be liable
367	367	19 personally on any such bonds or notes or coupons by reason of
368	368	20 the issuance thereof.
369	369	21 (c) All notes of the Authority issued pursuant to this
370	370	22 Section shall be general obligations of the Authority to which
371	371	23 shall be pledged the full faith and credit of the Authority, as
372	372	24 provided in this Section. Such notes shall be secured as
373	373	25 provided in the authorizing ordinance, which may,
374	374	26 notwithstanding any other provision of this Act, include in
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385	385	1 addition to any other security, a specific pledge or
386	386	2 assignment of and lien on or security interest in any or all
387	387	3 tax receipts of the Regional Transportation Authority
388	388	4 allocated to the Authority and on any or all other revenues or
389	389	5 moneys of the Authority from whatever source which may by law
390	390	6 be utilized for debt service purposes and a specific pledge or
391	391	7 assignment of and lien on or security interest in any funds or
392	392	8 accounts established or provided for by the ordinance of the
393	393	9 Board authorizing the issuance of such notes. Any such pledge,
394	394	10 assignment, lien or security interest for the benefit of
395	395	11 holders of notes of the Authority shall be valid and binding
396	396	12 from the time the notes are issued without any physical
397	397	13 delivery or further act, and shall be valid and binding as
398	398	14 against and prior to the claims of all other parties having
399	399	15 claims of any kind against the Authority or any other person
400	400	16 irrespective of whether such other parties have notice of such
401	401	17 pledge, assignment, lien or security interest. The obligations
402	402	18 of the Authority incurred pursuant to this Section shall be
403	403	19 superior to and have priority over any other obligations of
404	404	20 the Authority except for obligations under Section 12. The
405	405	21 Board may provide in the ordinance authorizing the issuance of
406	406	22 any notes issued pursuant to this Section for the creation of,
407	407	23 deposits in, and regulation and disposition of sinking fund or
408	408	24 reserve accounts relating to such notes. The ordinance
409	409	25 authorizing the issuance of any notes pursuant to this Section
410	410	26 may contain provisions as part of the contract with the
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421	421	1 holders of the notes, for the creation of a separate fund to
422	422	2 provide for the payment of principal and interest on such
423	423	3 notes and for the deposit in such fund from any or all the tax
424	424	4 receipts of the Regional Transportation Authority allocated to
425	425	5 the Authority and from any or all such other moneys or revenues
426	426	6 of the Authority from whatever source which may by law be
427	427	7 utilized for debt service purposes, all as provided in such
428	428	8 ordinance, of amounts to meet the debt service requirements on
429	429	9 such notes, including principal and interest, and any sinking
430	430	10 fund or reserve fund account requirements as may be provided
431	431	11 by such ordinance, and all expenses incident to or in
432	432	12 connection with such fund and accounts or the payment of such
433	433	13 notes. Such ordinance may also provide limitations on the
434	434	14 issuance of additional notes of the Authority. No such notes
435	435	15 of the Authority shall constitute a debt of the State of
436	436	16 Illinois.
437	437	17 (d) The ordinance of the Board authorizing the issuance of
438	438	18 any notes may provide additional security for such notes by
439	439	19 providing for appointment of a corporate trustee (which may be
440	440	20 any trust company or bank having the powers of a trust company
441	441	21 within the State) with respect to such notes. The ordinance
442	442	22 shall prescribe the rights, duties and powers of the trustee
443	443	23 to be exercised for the benefit of the Authority and the
444	444	24 protection of the holders of such notes. The ordinance may
445	445	25 provide for the trustee to hold in trust, invest and use
446	446	26 amounts in funds and accounts created as provided by the
447	447
448	448
449	449
450	450
451	451
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457	457	1 ordinance with respect to the notes. The ordinance shall
458	458	2 provide that amounts so paid to the trustee which are not
459	459	3 required to be deposited, held or invested in funds and
460	460	4 accounts created by the ordinance with respect to notes or
461	461	5 used for paying notes to be paid by the trustee to the
462	462	6 Authority.
463	463	7 (e) Any notes of the Authority issued pursuant to this
464	464	8 Section shall constitute a contract between the Authority and
465	465	9 the holders from time to time of such notes. In issuing any
466	466	10 note, the Board may include in the ordinance authorizing such
467	467	11 issue a covenant as part of the contract with the holders of
468	468	12 the notes, that as long as such obligations are outstanding,
469	469	13 it shall make such deposits, as provided in paragraph (c) of
470	470	14 this Section. A certified copy of the ordinance authorizing
471	471	15 the issuance of any such obligations shall be filed at or prior
472	472	16 to the issuance of such obligations with the Regional
473	473	17 Transportation Authority, Comptroller of the State of Illinois
474	474	18 and the Illinois Department of Revenue.
475	475	19 (f) The State of Illinois pledges to and agrees with the
476	476	20 holders of the notes of the Authority issued pursuant to this
477	477	21 Section that the State will not limit or alter the rights and
478	478	22 powers vested in the Authority by this Act or in the Regional
479	479	23 Transportation Authority by the Regional Transportation
480	480	24 Authority Act so as to impair the terms of any contract made by
481	481	25 the Authority with such holders or in any way impair the rights
482	482	26 and remedies of such holders until such notes, together with
483	483
484	484
485	485
486	486
487	487
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489	489
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493	493	1 interest thereon, with interest on any unpaid installments of
494	494	2 interest, and all costs and expenses in connection with any
495	495	3 action or proceedings by or on behalf of such holders, are
496	496	4 fully met and discharged. In addition, the State pledges to
497	497	5 and agrees with the holders of the notes of the Authority
498	498	6 issued pursuant to this Section that the State will not limit
499	499	7 or alter the basis on which State funds are to be paid to the
500	500	8 Authority as provided in the Regional Transportation Authority
501	501	9 Act, or the use of such funds, so as to impair the terms of any
502	502	10 such contract. The Board is authorized to include these
503	503	11 pledges and agreements of the State in any contract with the
504	504	12 holders of bonds or notes issued pursuant to this Section.
505	505	13 (g) The Board shall not at any time issue, sell or deliver
506	506	14 any Interim Financing Notes pursuant to this Section which
507	507	15 will cause it to have issued and outstanding at any time in
508	508	16 excess of $40,000,000 of Working Cash Notes. Notes which are
509	509	17 being paid or retired by such issuance, sale or delivery of
510	510	18 notes, and notes for which sufficient funds have been
511	511	19 deposited with the paying agency of such notes to provide for
512	512	20 payment of principal and interest thereon or to provide for
513	513	21 the redemption thereof, all pursuant to the ordinance
514	514	22 authorizing the issuance of such notes, shall not be
515	515	23 considered to be outstanding for the purposes of this
516	516	24 paragraph.
517	517	25 (h) The Board, subject to the terms of any agreements with
518	518	26 noteholders as may then exist, shall have power, out of any
519	519
520	520
521	521
522	522
523	523
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526	526
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529	529	1 funds available therefor, to purchase notes of the Authority
530	530	2 which shall thereupon be cancelled.
531	531	3 (i) In addition to any other authority granted by law, the
532	532	4 State Treasurer may, with the approval of the Governor, invest
533	533	5 or reinvest, at a price not to exceed par, any State money in
534	534	6 the State Treasury which is not needed for current
535	535	7 expenditures due or about to become due in Interim Financing
536	536	8 Notes. In the event of a default on an interim financing note
537	537	9 issued by the Chicago Transit Authority in which State money
538	538	10 in the State treasury was invested, the Treasurer may, after
539	539	11 giving notice to the Authority, certify to the Comptroller the
540	540	12 amounts of the defaulted interim financing note, in accordance
541	541	13 with any applicable rules of the Comptroller, and the
542	542	14 Comptroller must deduct and remit to the State treasury the
543	543	15 certified amounts or a portion of those amounts from the
544	544	16 following proportions of payments of State funds to the
545	545	17 Authority:
546	546	18 (1) in the first year after default, one-third of the
547	547	19 total amount of any payments of State funds to the
548	548	20 Authority;
549	549	21 (2) in the second year after default, two-thirds of
550	550	22 the total amount of any payments of State funds to the
551	551	23 Authority; and
552	552	24 (3) in the third year after default and for each year
553	553	25 thereafter until the total invested amount is repaid, the
554	554	26 total amount of any payments of State funds to the
555	555
556	556
557	557
558	558
559	559
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561	561
562	562
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564	564	SB1938 - 16 - LRB104 12003 RTM 22098 b
565	565	1 Authority.
566	566	2 (Source: P.A. 100-201, eff. 8-18-17; 101-485, eff. 8-23-19.)
567	567	3 (70 ILCS 3605/12b) (from Ch. 111 2/3, par. 312b)
568	568	4 Sec. 12b. Working Cash Borrowing. In addition to the
569	569	5 powers provided in Section 12a, the Board with the affirmative
570	570	6 vote of 5 of its Directors, prior to February 1, 2026, and with
571	571	7 the affirmative vote of at least 6 of its Directors, beginning
572	572	8 February 1, 2026, may demand and direct the Board of the
573	573	9 Regional Transportation Authority to issue Working Cash Notes
574	574	10 at such time and in such amounts and having such maturities as
575	575	11 the Authority deems proper, provided however any such
576	576	12 borrowing shall have been specifically identified in the
577	577	13 budget of the Authority as approved by the Board of the
578	578	14 Regional Transportation Authority. Provided further, that the
579	579	15 Board may not issue and have outstanding or demand and direct
580	580	16 the Board of the Regional Transportation Authority to issue
581	581	17 and have outstanding more than an aggregate of $40,000,000 in
582	582	18 Working Cash Notes.
583	583	19 (Source: P.A. 83-885; 83-886.)
584	584	20 (70 ILCS 3605/12c)
585	585	21 Sec. 12c. Retiree Benefits Bonds and Notes.
586	586	22 (a) In addition to all other bonds or notes that it is
587	587	23 authorized to issue, the Authority is authorized to issue its
588	588	24 bonds or notes for the purposes of providing funds for the
589	589
590	590
591	591
592	592
593	593
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595	595
596	596
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599	599	1 Authority to make the deposits described in Section 12c(b)(1)
600	600	2 and (2), for refunding any bonds authorized to be issued under
601	601	3 this Section, as well as for the purposes of paying costs of
602	602	4 issuance, obtaining bond insurance or other credit enhancement
603	603	5 or liquidity facilities, paying costs of obtaining related
604	604	6 swaps as authorized in the Bond Authorization Act ("Swaps"),
605	605	7 providing a debt service reserve fund, paying Debt Service (as
606	606	8 defined in paragraph (i) of this Section 12c), and paying all
607	607	9 other costs related to any such bonds or notes.
608	608	10 (b)(1) After its receipt of a certified copy of a report of
609	609	11 the Auditor General of the State of Illinois meeting the
610	610	12 requirements of Section 3-2.3 of the Illinois State Auditing
611	611	13 Act, the Authority may issue $1,348,550,000 aggregate original
612	612	14 principal amount of bonds and notes. After payment of the
613	613	15 costs of issuance and necessary deposits to funds and accounts
614	614	16 established with respect to debt service, the net proceeds of
615	615	17 such bonds or notes shall be deposited only in the Retirement
616	616	18 Plan for Chicago Transit Authority Employees and used only for
617	617	19 the purposes required by Section 22-101 of the Illinois
618	618	20 Pension Code. Provided that no less than $1,110,500,000 has
619	619	21 been deposited in the Retirement Plan, remaining proceeds of
620	620	22 bonds issued under this subparagraph (b)(1) may be used to pay
621	621	23 costs of issuance and make necessary deposits to funds and
622	622	24 accounts with respect to debt service for bonds and notes
623	623	25 issued under this subparagraph or subparagraph (b)(2).
624	624	26 (2) After its receipt of a certified copy of a report of
625	625
626	626
627	627
628	628
629	629
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631	631
632	632
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635	635	1 the Auditor General of the State of Illinois meeting the
636	636	2 requirements of Section 3-2.3 of the Illinois State Auditing
637	637	3 Act, the Authority may issue $639,680,000 aggregate original
638	638	4 principal amount of bonds and notes. After payment of the
639	639	5 costs of issuance and necessary deposits to funds and accounts
640	640	6 established with respect to debt service, the net proceeds of
641	641	7 such bonds or notes shall be deposited only in the Retiree
642	642	8 Health Care Trust and used only for the purposes required by
643	643	9 Section 22-101B of the Illinois Pension Code. Provided that no
644	644	10 less than $528,800,000 has been deposited in the Retiree
645	645	11 Health Care Trust, remaining proceeds of bonds issued under
646	646	12 this subparagraph (b)(2) may be used to pay costs of issuance
647	647	13 and make necessary deposits to funds and accounts with respect
648	648	14 to debt service for bonds and notes issued under this
649	649	15 subparagraph or subparagraph (b)(1).
650	650	16 (3) In addition, refunding bonds are authorized to be
651	651	17 issued for the purpose of refunding outstanding bonds or notes
652	652	18 issued under this Section 12c.
653	653	19 (4) The bonds or notes issued under 12c(b)(1) shall be
654	654	20 issued as soon as practicable after the Auditor General issues
655	655	21 the report provided in Section 3-2.3(b) of the Illinois State
656	656	22 Auditing Act. The bonds or notes issued under 12c(b)(2) shall
657	657	23 be issued as soon as practicable after the Auditor General
658	658	24 issues the report provided in Section 3-2.3(c) of the Illinois
659	659	25 State Auditing Act.
660	660	26 (5) With respect to bonds and notes issued under
661	661
662	662
663	663
664	664
665	665
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667	667
668	668
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671	671	1 subparagraph (b), scheduled aggregate annual payments of
672	672	2 interest or deposits into funds and accounts established for
673	673	3 the purpose of such payment shall commence within one year
674	674	4 after the bonds and notes are issued. With respect to
675	675	5 principal and interest, scheduled aggregate annual payments of
676	676	6 principal and interest or deposits into funds and accounts
677	677	7 established for the purpose of such payment shall be not less
678	678	8 than 70% in 2009, 80% in 2010, and 90% in 2011, respectively,
679	679	9 of scheduled payments or deposits of principal and interest in
680	680	10 2012 and shall be substantially equal beginning in 2012 and
681	681	11 each year thereafter. For purposes of this subparagraph (b),
682	682	12 "substantially equal" means that debt service in any full year
683	683	13 after calendar year 2011 is not more than 115% of debt service
684	684	14 in any other full year after calendar year 2011 during the term
685	685	15 of the bonds or notes. For the purposes of this subsection (b),
686	686	16 with respect to bonds and notes that bear interest at a
687	687	17 variable rate, interest shall be assumed at a rate equal to the
688	688	18 rate for United States Treasury Securities - State and Local
689	689	19 Government Series for the same maturity, plus 75 basis points.
690	690	20 If the Authority enters into a Swap with a counterparty
691	691	21 requiring the Authority to pay a fixed interest rate on a
692	692	22 notional amount, and the Authority has made a determination
693	693	23 that such Swap was entered into for the purpose of providing
694	694	24 substitute interest payments for variable interest rate bonds
695	695	25 or notes of a particular maturity or maturities in a principal
696	696	26 amount equal to the notional amount of the Swap, then during
697	697
698	698
699	699
700	700
701	701
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703	703
704	704
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707	707	1 the term of the Swap for purposes of any calculation of
708	708	2 interest payable on such bonds or notes, the interest rate on
709	709	3 the bonds or notes of such maturity or maturities shall be
710	710	4 determined as if such bonds or notes bore interest at the fixed
711	711	5 interest rate payable by the Authority under such Swap.
712	712	6 (6) No bond or note issued under this Section 12c shall
713	713	7 mature later than December 31, 2040.
714	714	8 (c) The Chicago Transit Board shall provide for the
715	715	9 issuance of bonds or notes as authorized in this Section 12c by
716	716	10 the adoption of an ordinance. The ordinance, together with the
717	717	11 bonds or notes, shall constitute a contract among the
718	718	12 Authority, the owners from time to time of the bonds or notes,
719	719	13 any bond trustee with respect to the bonds or notes, any
720	720	14 related credit enhancer and any provider of any related Swaps.
721	721	15 (d) The Authority is authorized to cause the proceeds of
722	722	16 the bonds or notes, and any interest or investment earnings on
723	723	17 the bonds or notes, and of any Swaps, to be invested until the
724	724	18 proceeds and any interest or investment earnings have been
725	725	19 deposited with the Retirement Plan or the Retiree Health Care
726	726	20 Trust.
727	727	21 (e) Bonds or notes issued pursuant to this Section 12c may
728	728	22 be general obligations of the Authority, to which shall be
729	729	23 pledged the full faith and credit of the Authority, or may be
730	730	24 obligations payable solely from particular sources of funds
731	731	25 all as may be provided in the authorizing ordinance. The
732	732	26 authorizing ordinance for the bonds and notes, whether or not
733	733
734	734
735	735
736	736
737	737
738	738	SB1938 - 20 - LRB104 12003 RTM 22098 b
739	739
740	740
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742	742	SB1938 - 21 - LRB104 12003 RTM 22098 b
743	743	1 general obligations of the Authority, may provide for the Debt
744	744	2 Service (as defined in paragraph (i) of this Section 12c) to
745	745	3 have a claim for payment from particular sources of funds,
746	746	4 including, without limitation, amounts to be paid to the
747	747	5 Authority or a bond trustee. The authorizing ordinance may
748	748	6 provide for the means by which the bonds or notes (and any
749	749	7 related Swaps) may be secured, which may include, a pledge of
750	750	8 any revenues or funds of the Authority from whatever source
751	751	9 which may by law be utilized for paying Debt Service. In
752	752	10 addition to any other security, upon the written approval of
753	753	11 the Regional Transportation Authority by the affirmative vote
754	754	12 of 12 of its then Directors, prior to February 1, 2026, and the
755	755	13 affirmative vote of at least 14 of its then Directors,
756	756	14 beginning February 1, 2026, the ordinance may provide a
757	757	15 specific pledge or assignment of and lien on or security
758	758	16 interest in amounts to be paid to the Authority by the Regional
759	759	17 Transportation Authority and direct payment thereof to the
760	760	18 bond trustee for payment of Debt Service with respect to the
761	761	19 bonds or notes, subject to the provisions of existing lease
762	762	20 agreements of the Authority with any public building
763	763	21 commission. The authorizing ordinance may also provide a
764	764	22 specific pledge or assignment of and lien on or security
765	765	23 interest in and direct payment to the trustee of all or a
766	766	24 portion of the moneys otherwise payable to the Authority from
767	767	25 the City of Chicago pursuant to an intergovernmental agreement
768	768	26 with the Authority to provide financial assistance to the
769	769
770	770
771	771
772	772
773	773
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775	775
776	776
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779	779	1 Authority. Any such pledge, assignment, lien or security
780	780	2 interest for the benefit of owners of bonds or notes shall be
781	781	3 valid and binding from the time the bonds or notes are issued,
782	782	4 without any physical delivery or further act, and shall be
783	783	5 valid and binding as against and prior to the claims of all
784	784	6 other parties having claims of any kind against the Authority
785	785	7 or any other person, irrespective of whether such other
786	786	8 parties have notice of such pledge, assignment, lien or
787	787	9 security interest, all as provided in the Local Government
788	788	10 Debt Reform Act, as it may be amended from time to time. The
789	789	11 bonds or notes of the Authority issued pursuant to this
790	790	12 Section 12c shall have such priority of payment and as to their
791	791	13 claim for payment from particular sources of funds, including
792	792	14 their priority with respect to obligations of the Authority
793	793	15 issued under other Sections of this Act, all as shall be
794	794	16 provided in the ordinances authorizing the issuance of the
795	795	17 bonds or notes. The ordinance authorizing the issuance of any
796	796	18 bonds or notes under this Section may provide for the creation
797	797	19 of, deposits in, and regulation and disposition of sinking
798	798	20 fund or reserve accounts relating to those bonds or notes and
799	799	21 related agreements. The ordinance authorizing the issuance of
800	800	22 any such bonds or notes authorized under this Section 12c may
801	801	23 contain provisions for the creation of a separate fund to
802	802	24 provide for the payment of principal of and interest on those
803	803	25 bonds or notes and related agreements. The ordinance may also
804	804	26 provide limitations on the issuance of additional bonds or
805	805
806	806
807	807
808	808
809	809
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811	811
812	812
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815	815	1 notes of the Authority.
816	816	2 (f) Bonds or notes issued under this Section 12c shall not
817	817	3 constitute an indebtedness of the Regional Transportation
818	818	4 Authority, the State of Illinois, or of any other political
819	819	5 subdivision of or municipality within the State, except the
820	820	6 Authority.
821	821	7 (g) The ordinance of the Chicago Transit Board authorizing
822	822	8 the issuance of bonds or notes pursuant to this Section 12c may
823	823	9 provide for the appointment of a corporate trustee (which may
824	824	10 be any trust company or bank having the powers of a trust
825	825	11 company within Illinois) with respect to bonds or notes issued
826	826	12 pursuant to this Section 12c. The ordinance shall prescribe
827	827	13 the rights, duties, and powers of the trustee to be exercised
828	828	14 for the benefit of the Authority and the protection of the
829	829	15 owners of bonds or notes issued pursuant to this Section 12c.
830	830	16 The ordinance may provide for the trustee to hold in trust,
831	831	17 invest and use amounts in funds and accounts created as
832	832	18 provided by the ordinance with respect to the bonds or notes in
833	833	19 accordance with this Section 12c. The Authority may apply, as
834	834	20 it shall determine, any amounts received upon the sale of the
835	835	21 bonds or notes to pay any Debt Service on the bonds or notes.
836	836	22 The ordinance may provide for a trust indenture to set forth
837	837	23 terms of, sources of payment for and security for the bonds and
838	838	24 notes.
839	839	25 (h) The State of Illinois pledges to and agrees with the
840	840	26 owners of the bonds or notes issued pursuant to Section 12c
841	841
842	842
843	843
844	844
845	845
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847	847
848	848
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851	851	1 that the State of Illinois will not limit the powers vested in
852	852	2 the Authority by this Act to pledge and assign its revenues and
853	853	3 funds as security for the payment of the bonds or notes, or
854	854	4 vested in the Regional Transportation Authority by the
855	855	5 Regional Transportation Authority Act or this Act, so as to
856	856	6 materially impair the payment obligations of the Authority
857	857	7 under the terms of any contract made by the Authority with
858	858	8 those owners or to materially impair the rights and remedies
859	859	9 of those owners until those bonds or notes, together with
860	860	10 interest and any redemption premium, and all costs and
861	861	11 expenses in connection with any action or proceedings by or on
862	862	12 behalf of such owners are fully met and discharged. The
863	863	13 Authority is authorized to include these pledges and
864	864	14 agreements of the State of Illinois in any contract with
865	865	15 owners of bonds or notes issued pursuant to this Section 12c.
866	866	16 (i) For purposes of this Section, "Debt Service" with
867	867	17 respect to bonds or notes includes, without limitation,
868	868	18 principal (at maturity or upon mandatory redemption),
869	869	19 redemption premium, interest, periodic, upfront, and
870	870	20 termination payments on Swaps, fees for bond insurance or
871	871	21 other credit enhancement, liquidity facilities, the funding of
872	872	22 bond or note reserves, bond trustee fees, and all other costs
873	873	23 of providing for the security or payment of the bonds or notes.
874	874	24 (j) The Authority shall adopt a procurement program with
875	875	25 respect to contracts relating to the following service
876	876	26 providers in connection with the issuance of debt for the
877	877
878	878
879	879
880	880
881	881
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883	883
884	884
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887	887	1 benefit of the Retirement Plan for Chicago Transit Authority
888	888	2 Employees: underwriters, bond counsel, financial advisors, and
889	889	3 accountants. The program shall include goals for the payment
890	890	4 of not less than 30% of the total dollar value of the fees from
891	891	5 these contracts to minority-owned businesses and women-owned
892	892	6 businesses as defined in the Business Enterprise for
893	893	7 Minorities, Women, and Persons with Disabilities Act. The
894	894	8 Authority shall conduct outreach to minority-owned businesses
895	895	9 and women-owned businesses. Outreach shall include, but is not
896	896	10 limited to, advertisements in periodicals and newspapers,
897	897	11 mailings, and other appropriate media. The Authority shall
898	898	12 submit to the General Assembly a comprehensive report that
899	899	13 shall include, at a minimum, the details of the procurement
900	900	14 plan, outreach efforts, and the results of the efforts to
901	901	15 achieve goals for the payment of fees. The service providers
902	902	16 selected by the Authority pursuant to such program shall not
903	903	17 be subject to approval by the Regional Transportation
904	904	18 Authority, and the Regional Transportation Authority's
905	905	19 approval pursuant to subsection (e) of this Section 12c
906	906	20 related to the issuance of debt shall not be based in any way
907	907	21 on the service providers selected by the Authority pursuant to
908	908	22 this Section.
909	909	23 (k) No person holding an elective office in this State,
910	910	24 holding a seat in the General Assembly, serving as a director,
911	911	25 trustee, officer, or employee of the Regional Transportation
912	912	26 Authority or the Chicago Transit Authority, including the
913	913
914	914
915	915
916	916
917	917
918	918	SB1938 - 25 - LRB104 12003 RTM 22098 b
919	919
920	920
921	921	SB1938- 26 -LRB104 12003 RTM 22098 b SB1938 - 26 - LRB104 12003 RTM 22098 b
922	922	SB1938 - 26 - LRB104 12003 RTM 22098 b
923	923	1 spouse or minor child of that person, may receive a legal,
924	924	2 banking, consulting, or other fee related to the issuance of
925	925	3 any bond issued by the Chicago Transit Authority pursuant to
926	926	4 this Section.
927	927	5 (Source: P.A. 100-391, eff. 8-25-17.)
928	928	6 (70 ILCS 3605/19) (from Ch. 111 2/3, par. 319)
929	929	7 Sec. 19. Chicago Transit Board.
930	930	8 (a) Until February 1, 2026, the The governing and
931	931	9 administrative body of the Authority shall be a board
932	932	10 consisting of 7 seven members, to be known as Chicago Transit
933	933	11 Board.
934	934	12 (b) On and after February 1, 2026, the governing and
935	935	13 administrative body of the authority shall be a board
936	936	14 consisting of 8 members, to be known as the Chicago Transit
937	937	15 Board.
938	938	16 (1) 6 members shall be appointed by the Mayor of the
939	939	17 City of Chicago with the advice and consent of the City
940	940	18 Council of the City of Chicago. The members appointed
941	941	19 under this paragraph (1) shall reside within the City of
942	942	20 Chicago and one of these members shall be a representative
943	943	21 of organized labor.
944	944	22 The member representing organized labor shall be
945	945	23 selected from a list of 3 persons recommended by the
946	946	24 president of a countywide labor council body representing
947	947	25 more than 30 labor organizations recognized under the
948	948
949	949
950	950
951	951
952	952
953	953	SB1938 - 26 - LRB104 12003 RTM 22098 b
954	954
955	955
956	956	SB1938- 27 -LRB104 12003 RTM 22098 b SB1938 - 27 - LRB104 12003 RTM 22098 b
957	957	SB1938 - 27 - LRB104 12003 RTM 22098 b
958	958	1 National Labor Relations Act or the Railway Labor Act
959	959	2 located within a county with a population of at least
960	960	3 3,000,000 inhabitants. If such a member has not been
961	961	4 appointed within 60 days for the initial term, or
962	962	5 appointed within 60 days of the expiration of a term or a
963	963	6 vacancy in the office, the first person on the list
964	964	7 provided to the Mayor will automatically assume the
965	965	8 office.
966	966	9 (2) 2 members shall be appointed by the President of
967	967	10 the Cook County Board of Commissioners with the advice and
968	968	11 consent of the members of the Cook County Board of
969	969	12 Commissioners. The members appointed under this paragraph
970	970	13 (2) shall reside in the part of Cook County outside the
971	971	14 City of Chicago.
972	972	15 (c) To implement the changes in appointing authority under
973	973	16 subsection (b) of this Section, the following provisions
974	974	17 apply:
975	975	18 (1) Members who are appointed to the Chicago Transit
976	976	19 Board by the Mayor of Chicago under subsection (a) of
977	977	20 Section 20 and who are serving on the Board on the
978	978	21 effective date of this amendatory Act of the 104th General
979	979	22 Assembly shall retain their offices until January 31, 2026
980	980	23 or until the expiration of a term of office or a vacancy in
981	981	24 their respective office. Upon expiration of a term of
982	982	25 office or vacancy prior to January 31, 2028, these offices
983	983	26 shall be filled under subsection (a) of Section 20.
984	984
985	985
986	986
987	987
988	988
989	989	SB1938 - 27 - LRB104 12003 RTM 22098 b
990	990
991	991
992	992	SB1938- 28 -LRB104 12003 RTM 22098 b SB1938 - 28 - LRB104 12003 RTM 22098 b
993	993	SB1938 - 28 - LRB104 12003 RTM 22098 b
994	994	1 (2) The Mayor of Chicago shall appoint 6 members to
995	995	2 the Chicago Transit Board under paragraph (1) of
996	996	3 subsection (b) of this Section, to begin their terms of
997	997	4 office on February 1, 2026, and their appointments shall
998	998	5 be made in time to begin their terms of office on February
999	999	6 1, 2026. A member serving as a member on January 31, 2026
1000	1000	7 may be reappointed to the Board. Of the members appointed
1001	1001	8 to begin their terms of office on February 1, 2026, the
1002	1002	9 Mayor of Chicago shall appoint 3 members with 4-year terms
1003	1003	10 and 3 members with 2-year terms. Subsequent terms of
1004	1004	11 office for all members shall be 4 years.
1005	1005	12 (3) Members who are appointed to the Chicago Transit
1006	1006	13 Board by the Governor under subsection (a) of Section 20
1007	1007	14 and who were serving on Board on the effective date of this
1008	1008	15 amendatory Act of the 104th General Assembly shall retain
1009	1009	16 their offices until January 31, 2026. Upon the expiration
1010	1010	17 of a term of office or a vacancy prior to January 31, 2026,
1011	1011	18 these offices shall be filled under subsection (a) of
1012	1012	19 Section 20.
1013	1013	20 (4) Members appointed to the Chicago Transit Board
1014	1014	21 under paragraph (2) of subsection (b) of this Section will
1015	1015	22 begin their terms of office on February 1, 2026, and their
1016	1016	23 appointments shall be made in time to begin their terms of
1017	1017	24 office on February 1, 2026. Of the members appointed to
1018	1018	25 begin their terms on February 1, 2026, the President of
1019	1019	26 the Cook County Board shall appoint one member with a
1020	1020
1021	1021
1022	1022
1023	1023
1024	1024
1025	1025	SB1938 - 28 - LRB104 12003 RTM 22098 b
1026	1026
1027	1027
1028	1028	SB1938- 29 -LRB104 12003 RTM 22098 b SB1938 - 29 - LRB104 12003 RTM 22098 b
1029	1029	SB1938 - 29 - LRB104 12003 RTM 22098 b
1030	1030	1 4-year term and one member with a 2-year term. Subsequent
1031	1031	2 terms of office of all members shall be 4 years.
1032	1032	3 (d) Members of the Board shall be residents of the
1033	1033	4 metropolitan area and persons of recognized business ability.
1034	1034	5 Members shall have diverse and substantial relevant experience
1035	1035	6 and expertise in overseeing the planning, operation, and
1036	1036	7 funding of a public transportation system, including, but not
1037	1037	8 limited to, backgrounds in urban and regional planning,
1038	1038	9 management of large capital projects, labor and workforce
1039	1039	10 development, business management, public administration,
1040	1040	11 transportation, and transit and ridership advocacy. No member
1041	1041	12 of the Board of the Authority shall hold any other office or
1042	1042	13 employment under the Federal, State or any County or any
1043	1043	14 municipal government, or any other unit of local government,
1044	1044	15 except an honorary office without compensation or an office in
1045	1045	16 the National Guard. No employee of the Authority shall hold
1046	1046	17 any other office or employment under the Federal, State or any
1047	1047	18 County or any municipal government, or any other unit of local
1048	1048	19 government, except an office with compensation not exceeding
1049	1049	20 $15,000 annually or a position in the National Guard or the
1050	1050	21 United States military reserves. Provided, however, that the
1051	1051	22 Chairman may be a member of the Board of the Regional
1052	1052	23 Transportation Authority. No member of the Board or employee
1053	1053	24 of the Authority shall have any private financial interest,
1054	1054	25 profit or benefit in any contract, work or business of the
1055	1055	26 Authority nor in the sale or lease of any property to or from
1056	1056
1057	1057
1058	1058
1059	1059
1060	1060
1061	1061	SB1938 - 29 - LRB104 12003 RTM 22098 b
1062	1062
1063	1063
1064	1064	SB1938- 30 -LRB104 12003 RTM 22098 b SB1938 - 30 - LRB104 12003 RTM 22098 b
1065	1065	SB1938 - 30 - LRB104 12003 RTM 22098 b
1066	1066	1 the Authority. The salary of each member of the initial Board
1067	1067	2 shall be $15,000.00 per annum, and such salary shall not be
1068	1068	3 increased or diminished during his or her term of office. The
1069	1069	4 salaries of successor members of the Board shall be fixed by
1070	1070	5 the Board and shall not be increased or diminished during
1071	1071	6 their respective terms of office. No Board member shall be
1072	1072	7 allowed any fees, perquisites or emoluments, reward or
1073	1073	8 compensation for his or her services as a member or officer of
1074	1074	9 the Authority aside from his or her salary or pension, but he
1075	1075	10 or she shall be reimbursed for actual expenses incurred by him
1076	1076	11 or her in the performance of his or her duties.
1077	1077	12 (Source: P.A. 98-709, eff. 7-16-14.)
1078	1078	13 (70 ILCS 3605/20) (from Ch. 111 2/3, par. 320)
1079	1079	14 Sec. 20. Terms; vacancies.
1080	1080	15 (a) Until February 1, 2026 Within sixty (60) days after
1081	1081	16 the adoption of this Act by the electors of one or more cities,
1082	1082	17 villages and incorporated towns within the metropolitan area
1083	1083	18 having a population in the aggregate of at least 100,000
1084	1084	19 according to the Federal census of 1940, the Governor, by and
1085	1085	20 with the advice and consent of the Senate, shall appoint three
1086	1086	21 members of the Board for initial terms expiring September
1087	1087	22 first of the years 1947, 1948 and 1949, respectively, at least
1088	1088	23 one of which members shall be a resident of that portion of the
1089	1089	24 metropolitan area which is outside the corporate limits of the
1090	1090	25 City of Chicago, and the Mayor, with advice and consent of the
1091	1091
1092	1092
1093	1093
1094	1094
1095	1095
1096	1096	SB1938 - 30 - LRB104 12003 RTM 22098 b
1097	1097
1098	1098
1099	1099	SB1938- 31 -LRB104 12003 RTM 22098 b SB1938 - 31 - LRB104 12003 RTM 22098 b
1100	1100	SB1938 - 31 - LRB104 12003 RTM 22098 b
1101	1101	1 City Council of the City of Chicago, shall appoint 4 four
1102	1102	2 members of the Board for initial terms expiring September
1103	1103	3 first of the years 1946, 1950, 1951 and 1952, respectively. At
1104	1104	4 the expiration of the term of any member appointed by the
1105	1105	5 Governor his successor shall be appointed by the Governor, and
1106	1106	6 at the expiration of the term of any member appointed by the
1107	1107	7 Mayor his successor shall be appointed by the Mayor in like
1108	1108	8 manner, and with like regard as to the place of residence of
1109	1109	9 the appointee, as appointments for the initial terms. All
1110	1110	10 successors shall hold office for the term of 7 seven years from
1111	1111	11 the first day of September of the year in which they are
1112	1112	12 appointed, except in case of an appointment to fill a vacancy.
1113	1113	13 In case of vacancy in the office of any member appointed by the
1114	1114	14 Governor during the recess of the Senate, the Governor shall
1115	1115	15 make a temporary appointment until the next meeting of the
1116	1116	16 Senate when he shall nominate some person to fill such office;
1117	1117	17 and any person so nominated, who is confirmed by the Senate,
1118	1118	18 shall hold his office during the remainder of the term and
1119	1119	19 until his successor shall be appointed and qualified. If the
1120	1120	20 Senate is not in session at the time this Act takes effect, the
1121	1121	21 Governor shall make temporary appointments as in case of
1122	1122	22 vacancies. Each appointment by the Governor shall be subject
1123	1123	23 to approval by the Mayor, and each appointment by the Mayor
1124	1124	24 shall be subject to approval by the Governor and, when so
1125	1125	25 approved, the Governor and the Mayor shall certify their
1126	1126	26 respective appointments and approvals to the Secretary of
1127	1127
1128	1128
1129	1129
1130	1130
1131	1131
1132	1132	SB1938 - 31 - LRB104 12003 RTM 22098 b
1133	1133
1134	1134
1135	1135	SB1938- 32 -LRB104 12003 RTM 22098 b SB1938 - 32 - LRB104 12003 RTM 22098 b
1136	1136	SB1938 - 32 - LRB104 12003 RTM 22098 b
1137	1137	1 State. If the Governor or the Mayor does not approve or
1138	1138	2 disapprove the appointment by the Mayor or the Governor,
1139	1139	3 respectively, within 15 days after receipt thereof, the person
1140	1140	4 is appointed. Within thirty days after certification and
1141	1141	5 approval of his appointment, and before entering upon the
1142	1142	6 duties of his office, each member of the Board shall take and
1143	1143	7 subscribe the constitutional oath of office and file it in the
1144	1144	8 office of the Secretary of State.
1145	1145	9 (b) Beginning February 1, 2026, each board member shall
1146	1146	10 hold office for a term of 4 years and until the member's
1147	1147	11 successor has been appointed and has qualified. A vacancy
1148	1148	12 shall occur upon resignation, death, conviction of a felony,
1149	1149	13 or removal from office. Any member may be removed from office
1150	1150	14 (i) upon concurrence vote of 6 of the then-serving board
1151	1151	15 members, on a formal finding of incompetence, neglect of duty,
1152	1152	16 or malfeasance in office or (ii) by the Governor in response to
1153	1153	17 a summary report received from the Executive Inspector General
1154	1154	18 in accordance with Section 10-50 of the State Officials and
1155	1155	19 Employees Ethics Act, provided the member has an opportunity
1156	1156	20 to be publicly heard in person or by counsel before removal.
1157	1157	21 Within 30 days after the office of any member becomes vacant
1158	1158	22 for any reason, the appointing authorities of the member shall
1159	1159	23 make an appointment to fill the vacancy. A vacancy shall be
1160	1160	24 filled for the unexpired term of the member.
1161	1161	25 (Source: P.A. 79-938.)
1162	1162
1163	1163
1164	1164
1165	1165
1166	1166
1167	1167	SB1938 - 32 - LRB104 12003 RTM 22098 b
1168	1168
1169	1169
1170	1170	SB1938- 33 -LRB104 12003 RTM 22098 b SB1938 - 33 - LRB104 12003 RTM 22098 b
1171	1171	SB1938 - 33 - LRB104 12003 RTM 22098 b
1172	1172	1 (70 ILCS 3605/22) (from Ch. 111 2/3, par. 322)
1173	1173	2 Sec. 22. As soon as possible after the appointment of the
1174	1174	3 initial members, the board shall organize for the transaction
1175	1175	4 of business, select a chairman and a temporary secretary from
1176	1176	5 its own number, and adopt by-laws, rules and regulations to
1177	1177	6 govern its proceedings. The initial chairman and successors
1178	1178	7 shall be elected by the Board from time to time for the term of
1179	1179	8 his office as a member of the Board or for the term of three
1180	1180	9 years, whichever is shorter.
1181	1181	10 As soon as possible after the appointment of the members
1182	1182	11 of the Board on February 1, 2026, the board shall organize for
1183	1183	12 the transaction of business and select a chairman and a
1184	1184	13 temporary secretary from its own number. The Board shall fix
1185	1185	14 the salary of the chairman in addition to his salary as a
1186	1186	15 member of the Board, which shall not be increased or
1187	1187	16 diminished during his term of office as chairman. But if the
1188	1188	17 chairman is engaged in any other business or employment during
1189	1189	18 his term as chairman, his annual salary shall be not more than
1190	1190	19 $25,000.
1191	1191	20 (Source: P.A. 80-937.)
1192	1192	21 (70 ILCS 3605/23) (from Ch. 111 2/3, par. 323)
1193	1193	22 Sec. 23. Regular meetings of the Board shall be held at
1194	1194	23 least once in each calendar month, the time and place of such
1195	1195	24 meetings to be fixed by the Board. Until February 1, 2026, 4
1196	1196	25 Four members of the Board shall constitute a quorum for the
1197	1197
1198	1198
1199	1199
1200	1200
1201	1201
1202	1202	SB1938 - 33 - LRB104 12003 RTM 22098 b
1203	1203
1204	1204
1205	1205	SB1938- 34 -LRB104 12003 RTM 22098 b SB1938 - 34 - LRB104 12003 RTM 22098 b
1206	1206	SB1938 - 34 - LRB104 12003 RTM 22098 b
1207	1207	1 transaction of business and, beginning February 1, 2026, 5
1208	1208	2 members of the Board shall constitute a quorum. All action of
1209	1209	3 the Board shall be by ordinance or resolution, and the
1210	1210	4 affirmative vote of at least 4 four members, prior to February
1211	1211	5 1, 2026, or at least 5 members, beginning February 1, 2026,
1212	1212	6 shall be necessary for the adoption of any ordinance or
1213	1213	7 resolution. All such ordinances and resolutions before taking
1214	1214	8 effect shall be approved by the chairman of the Board, and if
1215	1215	9 he shall approve thereof he shall sign the same, and such as he
1216	1216	10 shall not approve he shall return to the Board with his
1217	1217	11 objections thereto in writing at the next regular meeting of
1218	1218	12 the Board occurring after the passage thereof. But in case the
1219	1219	13 chairman shall fail to return any ordinance or resolution with
1220	1220	14 his objections thereto by the time aforesaid, he shall be
1221	1221	15 deemed to have approved the same and it shall take effect
1222	1222	16 accordingly. Upon the return of any ordinance or resolution by
1223	1223	17 the chairman with his objections, the vote by which the same
1224	1224	18 was passed shall be reconsidered by the Board, and if upon such
1225	1225	19 reconsideration said ordinance or resolution is passed by the
1226	1226	20 affirmative vote of at least 5 five members, prior to February
1227	1227	21 1, 2026, and at least 6 members, beginning February 1, 2026, it
1228	1228	22 shall go into effect notwithstanding the veto of the chairman.
1229	1229	23 All ordinances, resolutions and all proceedings of the
1230	1230	24 Authority and all documents and records in its possession
1231	1231	25 shall be public records, and open to public inspection, except
1232	1232	26 such documents and records as shall be kept or prepared by the
1233	1233
1234	1234
1235	1235
1236	1236
1237	1237
1238	1238	SB1938 - 34 - LRB104 12003 RTM 22098 b
1239	1239
1240	1240
1241	1241	SB1938- 35 -LRB104 12003 RTM 22098 b SB1938 - 35 - LRB104 12003 RTM 22098 b
1242	1242	SB1938 - 35 - LRB104 12003 RTM 22098 b
1243	1243	1 Board for use in negotiations, action or proceedings to which
1244	1244	2 the Authority is a party.
1245	1245	3 Open meetings of the Board shall be broadcast to the
1246	1246	4 public and maintained in real-time on the Board's website
1247	1247	5 using a high-speed Internet connection. Recordings of each
1248	1248	6 meeting broadcast shall be posted to the Board's website
1249	1249	7 within a reasonable time after the meeting and shall be
1250	1250	8 maintained as public records to the extent practicable, as
1251	1251	9 determined by the Board. Compliance with the provisions of
1252	1252	10 this amendatory Act of the 98th General Assembly does not
1253	1253	11 relieve the Board of its obligations under the Open Meetings
1254	1254	12 Act.
1255	1255	13 (Source: P.A. 98-1139, eff. 6-1-15.)
1256	1256	14 (70 ILCS 3605/28a) (from Ch. 111 2/3, par. 328a)
1257	1257	15 Sec. 28a. (a) The Board may deal with and enter into
1258	1258	16 written contracts with the employees of the Authority through
1259	1259	17 accredited representatives of such employees or
1260	1260	18 representatives of any labor organization authorized to act
1261	1261	19 for such employees, concerning wages, salaries, hours, working
1262	1262	20 conditions and pension or retirement provisions; provided,
1263	1263	21 nothing herein shall be construed to permit hours of labor in
1264	1264	22 excess of those provided by law or to permit working
1265	1265	23 conditions prohibited by law. In case of dispute over wages,
1266	1266	24 salaries, hours, working conditions, or pension or retirement
1267	1267	25 provisions the Board may arbitrate any question or questions
1268	1268
1269	1269
1270	1270
1271	1271
1272	1272
1273	1273	SB1938 - 35 - LRB104 12003 RTM 22098 b
1274	1274
1275	1275
1276	1276	SB1938- 36 -LRB104 12003 RTM 22098 b SB1938 - 36 - LRB104 12003 RTM 22098 b
1277	1277	SB1938 - 36 - LRB104 12003 RTM 22098 b
1278	1278	1 and may agree with such accredited representatives or labor
1279	1279	2 organization that the decision of a majority of any
1280	1280	3 arbitration board shall be final, provided each party shall
1281	1281	4 agree in advance to pay half of the expense of such
1282	1282	5 arbitration.
1283	1283	6 No contract or agreement shall be made with any labor
1284	1284	7 organization, association, group or individual for the
1285	1285	8 employment of members of such organization, association, group
1286	1286	9 or individual for the construction, improvement, maintenance,
1287	1287	10 operation or administration of any property, plant or
1288	1288	11 facilities under the jurisdiction of the Authority, where such
1289	1289	12 organization, association, group or individual denies on the
1290	1290	13 ground of race, creed, color, sex, religion, physical or
1291	1291	14 mental disability unrelated to ability, or national origin
1292	1292	15 membership and equal opportunities for employment to any
1293	1293	16 citizen of Illinois.
1294	1294	17 (b)(1) The provisions of this paragraph (b) apply to
1295	1295	18 collective bargaining agreements (including extensions and
1296	1296	19 amendments of existing agreements) entered into on or after
1297	1297	20 January 1, 1984.
1298	1298	21 (2) The Board shall deal with and enter into written
1299	1299	22 contracts with their employees, through accredited
1300	1300	23 representatives of such employees authorized to act for such
1301	1301	24 employees concerning wages, salaries, hours, working
1302	1302	25 conditions, and pension or retirement provisions about which a
1303	1303	26 collective bargaining agreement has been entered prior to the
1304	1304
1305	1305
1306	1306
1307	1307
1308	1308
1309	1309	SB1938 - 36 - LRB104 12003 RTM 22098 b
1310	1310
1311	1311
1312	1312	SB1938- 37 -LRB104 12003 RTM 22098 b SB1938 - 37 - LRB104 12003 RTM 22098 b
1313	1313	SB1938 - 37 - LRB104 12003 RTM 22098 b
1314	1314	1 effective date of this amendatory Act of 1983. Any such
1315	1315	2 agreement of the Authority shall provide that the agreement
1316	1316	3 may be reopened if the amended budget submitted pursuant to
1317	1317	4 Section 2.18a of the Regional Transportation Authority Act is
1318	1318	5 not approved by the Board of the Regional Transportation
1319	1319	6 Authority. The agreement may not include a provision requiring
1320	1320	7 the payment of wage increases based on changes in the Consumer
1321	1321	8 Price Index. The Board shall not have the authority to enter
1322	1322	9 into collective bargaining agreements with respect to inherent
1323	1323	10 management rights, which include such areas of discretion or
1324	1324	11 policy as the functions of the employer, standards of
1325	1325	12 services, its overall budget, the organizational structure and
1326	1326	13 selection of new employees and direction of personnel.
1327	1327	14 Employers, however, shall be required to bargain collectively
1328	1328	15 with regard to policy matters directly affecting wages, hours
1329	1329	16 and terms and conditions of employment, as well as the impact
1330	1330	17 thereon upon request by employee representatives. To preserve
1331	1331	18 the rights of employers and exclusive representatives which
1332	1332	19 have established collective bargaining relationships or
1333	1333	20 negotiated collective bargaining agreements prior to the
1334	1334	21 effective date of this amendatory Act of 1983, employers shall
1335	1335	22 be required to bargain collectively with regard to any matter
1336	1336	23 concerning wages, hours or conditions of employment about
1337	1337	24 which they have bargained prior to the effective date of this
1338	1338	25 amendatory Act of 1983.
1339	1339	26 (3) The collective bargaining agreement may not include a
1340	1340
1341	1341
1342	1342
1343	1343
1344	1344
1345	1345	SB1938 - 37 - LRB104 12003 RTM 22098 b
1346	1346
1347	1347
1348	1348	SB1938- 38 -LRB104 12003 RTM 22098 b SB1938 - 38 - LRB104 12003 RTM 22098 b
1349	1349	SB1938 - 38 - LRB104 12003 RTM 22098 b
1350	1350	1 prohibition on the use of part-time operators on any service
1351	1351	2 operated by or funded by the Board, except where prohibited by
1352	1352	3 federal law.
1353	1353	4 (4) Within 30 days of the signing of any such collective
1354	1354	5 bargaining agreement, the Board shall determine the costs of
1355	1355	6 each provision of the agreement, prepare an amended budget
1356	1356	7 incorporating the costs of the agreement, and present the
1357	1357	8 amended budget to the Board of the Regional Transportation
1358	1358	9 Authority for its approval under Section 4.11 of the Regional
1359	1359	10 Transportation Act. The Board of the Regional Transportation
1360	1360	11 Authority may approve the amended budget by an affirmative
1361	1361	12 vote of 12 of its then Directors, prior to February 1, 2026,
1362	1362	13 and by an affirmative vote of at least 14 Directors, beginning
1363	1363	14 February 1, 2026. If the budget is not approved by the Board of
1364	1364	15 the Regional Transportation Authority, the agreement may be
1365	1365	16 reopened and its terms may be renegotiated. Any amended budget
1366	1366	17 which may be prepared following renegotiation shall be
1367	1367	18 presented to the Board of the Regional Transportation
1368	1368	19 Authority for its approval in like manner.
1369	1369	20 (Source: P.A. 99-143, eff. 7-27-15.)
1370	1370	21 (70 ILCS 3605/34) (from Ch. 111 2/3, par. 334)
1371	1371	22 Sec. 34. Budget and Program. The Authority, subject to the
1372	1372	23 powers of the Regional Transportation Authority in Section
1373	1373	24 4.11 of the Regional Transportation Authority Act, shall
1374	1374	25 control the finances of the Authority. It shall by ordinance
1375	1375
1376	1376
1377	1377
1378	1378
1379	1379
1380	1380	SB1938 - 38 - LRB104 12003 RTM 22098 b
1381	1381
1382	1382
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1384	1384	SB1938 - 39 - LRB104 12003 RTM 22098 b
1385	1385	1 appropriate money to perform the Authority's purposes and
1386	1386	2 provide for payment of debts and expenses of the Authority.
1387	1387	3 Each year the Authority shall prepare and publish a
1388	1388	4 comprehensive annual budget and five-year capital program
1389	1389	5 document, and a financial plan for the 2 years thereafter
1390	1390	6 describing the state of the Authority and presenting for the
1391	1391	7 forthcoming fiscal year and the two following years the
1392	1392	8 Authority's plans for such operations and capital expenditures
1393	1393	9 as it intends to undertake and the means by which it intends to
1394	1394	10 finance them. The proposed budget, financial plan, and
1395	1395	11 five-year capital program shall be based on the Regional
1396	1396	12 Transportation Authority's estimate of funds to be made
1397	1397	13 available to the Authority by or through the Regional
1398	1398	14 Transportation Authority and shall conform in all respects to
1399	1399	15 the requirements established by the Regional Transportation
1400	1400	16 Authority. The proposed budget, financial plan, and five-year
1401	1401	17 capital program shall contain a statement of the funds
1402	1402	18 estimated to be on hand at the beginning of the fiscal year,
1403	1403	19 the funds estimated to be received from all sources for such
1404	1404	20 year and the funds estimated to be on hand at the end of such
1405	1405	21 year. The proposed budget, financial plan, and five-year
1406	1406	22 capital program shall be available at no cost for public
1407	1407	23 inspection at the Authority's main office and at the Regional
1408	1408	24 Transportation Authority's main office at least 3 weeks prior
1409	1409	25 to any public hearing. Before the proposed budget, financial
1410	1410	26 plan, and five-year capital program are submitted to the
1411	1411
1412	1412
1413	1413
1414	1414
1415	1415
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1417	1417
1418	1418
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1420	1420	SB1938 - 40 - LRB104 12003 RTM 22098 b
1421	1421	1 Regional Transportation Authority, the Authority shall hold at
1422	1422	2 least one public hearing thereon in each of the counties in
1423	1423	3 which the Authority provides service. All Board members of the
1424	1424	4 Authority shall attend a majority of the public hearings
1425	1425	5 unless reasonable cause is given for their absence. After the
1426	1426	6 public hearings, the Board of the Authority shall hold at
1427	1427	7 least one meeting for consideration of the proposed program
1428	1428	8 and budget with the Cook County Board. Prior to the capital
1429	1429	9 program being submitted to the Regional Transportation
1430	1430	10 Authority, the Authority shall hold at least one meeting for
1431	1431	11 consideration of the proposed 5-year capital program with
1432	1432	12 representatives of labor organizations that have a collective
1433	1433	13 bargaining agreement with the Authority. After conducting such
1434	1434	14 hearings and holding such meetings and after making such
1435	1435	15 changes in the proposed budget, financial plan, and five-year
1436	1436	16 capital program as the Board deems appropriate, it shall adopt
1437	1437	17 an annual budget ordinance at least by November 15th preceding
1438	1438	18 the beginning of each fiscal year. The budget, financial plan,
1439	1439	19 and five-year capital program shall then be submitted to the
1440	1440	20 Regional Transportation Authority as provided in Section 4.11
1441	1441	21 of the Regional Transportation Authority Act. In the event
1442	1442	22 that the Board of the Regional Transportation Authority
1443	1443	23 determines that the budget, financial plan, and five-year
1444	1444	24 capital program do not meet the standards of said Section
1445	1445	25 4.11, the Board of the Authority shall make such changes as are
1446	1446	26 necessary to meet such requirements and adopt an amended
1447	1447
1448	1448
1449	1449
1450	1450
1451	1451
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1453	1453
1454	1454
1455	1455	SB1938- 41 -LRB104 12003 RTM 22098 b SB1938 - 41 - LRB104 12003 RTM 22098 b
1456	1456	SB1938 - 41 - LRB104 12003 RTM 22098 b
1457	1457	1 budget ordinance. The amended budget ordinance shall be
1458	1458	2 resubmitted to the Regional Transportation Authority pursuant
1459	1459	3 to said Section 4.11. The ordinance shall appropriate such
1460	1460	4 sums of money as are deemed necessary to defray all necessary
1461	1461	5 expenses and obligations of the Authority, specifying purposes
1462	1462	6 and the objects or programs for which appropriations are made
1463	1463	7 and the amount appropriated for each object or program.
1464	1464	8 Additional appropriations, transfers between items and other
1465	1465	9 changes in such ordinance which do not alter the basis upon
1466	1466	10 which the balanced budget determination was made by the
1467	1467	11 Regional Transportation Authority may be made from time to
1468	1468	12 time by the Board.
1469	1469	13 The budget shall:
1470	1470	14 (i) show a balance between (A) anticipated revenues
1471	1471	15 from all sources including operating subsidies and (B) the
1472	1472	16 costs of providing the services specified and of funding
1473	1473	17 any operating deficits or encumbrances incurred in prior
1474	1474	18 periods, including provision for payment when due of
1475	1475	19 principal and interest on outstanding indebtedness;
1476	1476	20 (ii) show cash balances including the proceeds of any
1477	1477	21 anticipated cash flow borrowing sufficient to pay with
1478	1478	22 reasonable promptness all costs and expenses as incurred;
1479	1479	23 (iii) provide for a level of fares or charges and
1480	1480	24 operating or administrative costs for the public
1481	1481	25 transportation provided by or subject to the jurisdiction
1482	1482	26 of the Board sufficient to allow the Board to meet its
1483	1483
1484	1484
1485	1485
1486	1486
1487	1487
1488	1488	SB1938 - 41 - LRB104 12003 RTM 22098 b
1489	1489
1490	1490
1491	1491	SB1938- 42 -LRB104 12003 RTM 22098 b SB1938 - 42 - LRB104 12003 RTM 22098 b
1492	1492	SB1938 - 42 - LRB104 12003 RTM 22098 b
1493	1493	1 required system generated revenue recovery ratio as
1494	1494	2 determined in accordance with subsection (a) of Section
1495	1495	3 4.11 of the Regional Transportation Authority Act;
1496	1496	4 (iv) be based upon and employ assumptions and
1497	1497	5 projections which are reasonable and prudent;
1498	1498	6 (v) have been prepared in accordance with sound
1499	1499	7 financial practices as determined by the Board of the
1500	1500	8 Regional Transportation Authority;
1501	1501	9 (vi) meet such other financial, budgetary, or fiscal
1502	1502	10 requirements that the Board of the Regional Transportation
1503	1503	11 Authority may by rule or regulation establish; and
1504	1504	12 (vii) be consistent with the goals and objectives
1505	1505	13 adopted by the Regional Transportation Authority in the
1506	1506	14 Strategic Plan.
1507	1507	15 The Board shall establish a fiscal operating year. At
1508	1508	16 least thirty days prior to the beginning of the first full
1509	1509	17 fiscal year after the creation of the Authority, and annually
1510	1510	18 thereafter, the Board shall cause to be prepared a tentative
1511	1511	19 budget which shall include all operation and maintenance
1512	1512	20 expense for the ensuing fiscal year. The tentative budget
1513	1513	21 shall be considered by the Board and, subject to any revision
1514	1514	22 and amendments as may be determined, shall be adopted prior to
1515	1515	23 the first day of the ensuing fiscal year as the budget for that
1516	1516	24 year. No expenditures for operations and maintenance in excess
1517	1517	25 of the budget shall be made during any fiscal year except by
1518	1518	26 the affirmative vote of at least 5 five members of the Board,
1519	1519
1520	1520
1521	1521
1522	1522
1523	1523
1524	1524	SB1938 - 42 - LRB104 12003 RTM 22098 b
1525	1525
1526	1526
1527	1527	SB1938- 43 -LRB104 12003 RTM 22098 b SB1938 - 43 - LRB104 12003 RTM 22098 b
1528	1528	SB1938 - 43 - LRB104 12003 RTM 22098 b
1529	1529	1 prior to February 1, 2026, and by the affirmative vote of at
1530	1530	2 least 6 members, beginning February 1, 2026. It shall not be
1531	1531	3 necessary to include in the annual budget any statement of
1532	1532	4 necessary expenditures for pensions or retirement annuities,
1533	1533	5 or for interest or principal payments on bonds or
1534	1534	6 certificates, or for capital outlays, but it shall be the duty
1535	1535	7 of the Board to make provision for payment of same from
1536	1536	8 appropriate funds. The Board may not alter its fiscal year
1537	1537	9 without the prior approval of the Board of the Regional
1538	1538	10 Transportation Authority.
1539	1539	11 (Source: P.A. 95-708, eff. 1-18-08.)
1540	1540	12 (70 ILCS 3605/21 rep.)
1541	1541	13 Section 40. The Metropolitan Transit Authority Act is
1542	1542	14 amended by repealing Section 21.
1543	1543	15 Section 45. The Regional Transportation Authority Act is
1544	1544	16 amended by changing Sections 2.01, 2.01a, 2.01b, 2.01c, 2.04,
1545	1545	17 2.05, 2.08, 2.12b, 2.14, 2.18a, 2.30, 3.01, 3.03, 3.05, 3A.02,
1546	1546	18 3A.09, 3A.10, 3A.14, 3B.02, 3B.09, 3B.10, 3B.13, 4.01, 4.03,
1547	1547	19 4.03.3, 4.04, 4.09, 4.11, 4.13, and 4.14 and by adding
1548	1548	20 Sections 2.08a, 2.43, and 2.44 as follows:
1549	1549	21 (70 ILCS 3615/2.01) (from Ch. 111 2/3, par. 702.01)
1550	1550	22 Sec. 2.01. General Allocation of Responsibility for Public
1551	1551	23 Transportation.
1552	1552
1553	1553
1554	1554
1555	1555
1556	1556
1557	1557	SB1938 - 43 - LRB104 12003 RTM 22098 b
1558	1558
1559	1559
1560	1560	SB1938- 44 -LRB104 12003 RTM 22098 b SB1938 - 44 - LRB104 12003 RTM 22098 b
1561	1561	SB1938 - 44 - LRB104 12003 RTM 22098 b
1562	1562	1 (a) In order to accomplish the purposes as set forth in
1563	1563	2 this Act, the responsibility for planning, operating, and
1564	1564	3 funding public transportation in the metropolitan region shall
1565	1565	4 be allocated as described in this Act. The Authority shall:
1566	1566	5 (i) adopt plans that implement the public policy of
1567	1567	6 the State to provide adequate, efficient, geographically
1568	1568	7 equitable and coordinated public transportation throughout
1569	1569	8 the metropolitan region;
1570	1570	9 (ii) set goals, objectives, and standards for the
1571	1571	10 Authority, the Service Boards, and transportation
1572	1572	11 agencies;
1573	1573	12 (iii) develop performance measures to inform the
1574	1574	13 public about the extent to which the provision of public
1575	1575	14 transportation in the metropolitan region meets those
1576	1576	15 goals, objectives, and standards;
1577	1577	16 (iv) allocate operating and capital funds made
1578	1578	17 available to support public transportation in the
1579	1579	18 metropolitan region;
1580	1580	19 (v) provide financial oversight of the Service Boards;
1581	1581	20 and
1582	1582	21 (vi) coordinate the provision of public transportation
1583	1583	22 and the investment in public transportation facilities to
1584	1584	23 enhance the integration of public transportation
1585	1585	24 throughout the metropolitan region, all as provided in
1586	1586	25 this Act.
1587	1587	26 The Service Boards shall, on a continuing basis determine
1588	1588
1589	1589
1590	1590
1591	1591
1592	1592
1593	1593	SB1938 - 44 - LRB104 12003 RTM 22098 b
1594	1594
1595	1595
1596	1596	SB1938- 45 -LRB104 12003 RTM 22098 b SB1938 - 45 - LRB104 12003 RTM 22098 b
1597	1597	SB1938 - 45 - LRB104 12003 RTM 22098 b
1598	1598	1 the level, nature and kind of public transportation which
1599	1599	2 should be provided for the metropolitan region in order to
1600	1600	3 meet the plans, goals, objectives, and standards adopted by
1601	1601	4 the Authority. The Service Boards may provide public
1602	1602	5 transportation by purchasing such service from transportation
1603	1603	6 agencies through purchase of service agreements, by grants to
1604	1604	7 such agencies or by operating such service, all pursuant to
1605	1605	8 this Act and the "Metropolitan Transit Authority Act", as now
1606	1606	9 or hereafter amended. Certain of its actions to implement the
1607	1607	10 responsibilities allocated to the Authority in this subsection
1608	1608	11 (a) shall be taken in 3 public documents adopted by the
1609	1609	12 affirmative vote of at least 12 of its then Directors, prior to
1610	1610	13 February 1, 2026, and by the affirmative vote of at least 14 of
1611	1611	14 its then Directors, beginning February 1, 2026: A Strategic
1612	1612	15 Plan; a Five-Year Capital Program; and an Annual Budget and
1613	1613	16 Two-Year Financial Plan.
1614	1614	17 (b) The Authority shall subject the operating and capital
1615	1615	18 plans and expenditures of the Service Boards in the
1616	1616	19 metropolitan region with regard to public transportation to
1617	1617	20 continuing review so that the Authority may budget and expend
1618	1618	21 its funds with maximum effectiveness and efficiency. The
1619	1619	22 Authority shall conduct audits of each of the Service Boards
1620	1620	23 no less than every 5 years. Such audits may include
1621	1621	24 management, performance, financial, and infrastructure
1622	1622	25 condition audits. The Authority may conduct management,
1623	1623	26 performance, financial, and infrastructure condition audits of
1624	1624
1625	1625
1626	1626
1627	1627
1628	1628
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1630	1630
1631	1631
1632	1632	SB1938- 46 -LRB104 12003 RTM 22098 b SB1938 - 46 - LRB104 12003 RTM 22098 b
1633	1633	SB1938 - 46 - LRB104 12003 RTM 22098 b
1634	1634	1 transportation agencies that receive funds from the Authority.
1635	1635	2 The Authority may direct a Service Board to conduct any such
1636	1636	3 audit of a transportation agency that receives funds from such
1637	1637	4 Service Board, and the Service Board shall comply with such
1638	1638	5 request to the extent it has the right to do so. These audits
1639	1639	6 of the Service Boards or transportation agencies may be
1640	1640	7 project or service specific audits to evaluate their
1641	1641	8 achievement of the goals and objectives of that project or
1642	1642	9 service and their compliance with any applicable requirements.
1643	1643	10 (Source: P.A. 98-1027, eff. 1-1-15.)
1644	1644	11 (70 ILCS 3615/2.01a)
1645	1645	12 Sec. 2.01a. Strategic Plan.
1646	1646	13 (a) By the affirmative vote of at least 12 of its then
1647	1647	14 Directors, prior to February 1, 2026, and by the affirmative
1648	1648	15 vote of at least 14 Directors, beginning February 1, 2026, the
1649	1649	16 Authority shall adopt a Strategic Plan, no less than every 5
1650	1650	17 years, after consultation with the Service Boards and after
1651	1651	18 holding a minimum of 3 public hearings in Cook County and one
1652	1652	19 public hearing in each of the other counties in the region. The
1653	1653	20 Executive Director of the Authority shall review the Strategic
1654	1654	21 Plan on an ongoing basis and make recommendations to the Board
1655	1655	22 of the Authority with respect to any update or amendment of the
1656	1656	23 Strategic Plan. The Strategic Plan shall describe the specific
1657	1657	24 actions to be taken by the Authority and the Service Boards to
1658	1658	25 provide adequate, efficient, and coordinated public
1659	1659
1660	1660
1661	1661
1662	1662
1663	1663
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1665	1665
1666	1666
1667	1667	SB1938- 47 -LRB104 12003 RTM 22098 b SB1938 - 47 - LRB104 12003 RTM 22098 b
1668	1668	SB1938 - 47 - LRB104 12003 RTM 22098 b
1669	1669	1 transportation.
1670	1670	2 (b) The Strategic Plan shall identify goals and objectives
1671	1671	3 with respect to:
1672	1672	4 (i) increasing ridership and passenger miles on public
1673	1673	5 transportation funded by the Authority;
1674	1674	6 (ii) coordination of public transportation services
1675	1675	7 and the investment in public transportation facilities to
1676	1676	8 enhance the integration of public transportation
1677	1677	9 throughout the metropolitan region;
1678	1678	10 (iii) coordination of fare and transfer policies to
1679	1679	11 promote transfers by riders among Service Boards,
1680	1680	12 transportation agencies, and public transportation modes,
1681	1681	13 which may include goals and objectives for development of
1682	1682	14 a universal fare instrument that riders may use
1683	1683	15 interchangeably on all public transportation funded by the
1684	1684	16 Authority, and methods to be used to allocate revenues
1685	1685	17 from transfers;
1686	1686	18 (iv) improvements in public transportation facilities
1687	1687	19 to bring those facilities into a state of good repair,
1688	1688	20 enhancements that attract ridership and improve customer
1689	1689	21 service, and expansions needed to serve areas with
1690	1690	22 sufficient demand for public transportation;
1691	1691	23 (v) access for transit-dependent populations,
1692	1692	24 including access by low-income communities to places of
1693	1693	25 employment, utilizing analyses provided by the Chicago
1694	1694	26 Metropolitan Agency for Planning regarding employment and
1695	1695
1696	1696
1697	1697
1698	1698
1699	1699
1700	1700	SB1938 - 47 - LRB104 12003 RTM 22098 b
1701	1701
1702	1702
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1704	1704	SB1938 - 48 - LRB104 12003 RTM 22098 b
1705	1705	1 transportation availability, and giving consideration to
1706	1706	2 the location of employment centers in each county and the
1707	1707	3 availability of public transportation at off-peak hours
1708	1708	4 and on weekends;
1709	1709	5 (vi) the financial viability of the public
1710	1710	6 transportation system, including both operating and
1711	1711	7 capital programs;
1712	1712	8 (vii) limiting road congestion within the metropolitan
1713	1713	9 region and enhancing transit options to improve mobility;
1714	1714	10 and
1715	1715	11 (viii) such other goals and objectives that advance
1716	1716	12 the policy of the State to provide adequate, efficient,
1717	1717	13 geographically equitable and coordinated public
1718	1718	14 transportation in the metropolitan region.
1719	1719	15 (c) The Strategic Plan shall establish the process and
1720	1720	16 criteria by which proposals for capital improvements by a
1721	1721	17 Service Board or a transportation agency will be evaluated by
1722	1722	18 the Authority for inclusion in the Five-Year Capital Program,
1723	1723	19 which may include criteria for:
1724	1724	20 (i) allocating funds among maintenance, enhancement,
1725	1725	21 and expansion improvements;
1726	1726	22 (ii) projects to be funded from the Innovation,
1727	1727	23 Coordination, and Enhancement Fund;
1728	1728	24 (iii) projects intended to improve or enhance
1729	1729	25 ridership or customer service;
1730	1730	26 (iv) design and location of station or transit
1731	1731
1732	1732
1733	1733
1734	1734
1735	1735
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1737	1737
1738	1738
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1740	1740	SB1938 - 49 - LRB104 12003 RTM 22098 b
1741	1741	1 improvements intended to promote transfers, increase
1742	1742	2 ridership, and support transit-oriented land development;
1743	1743	3 (v) assessing the impact of projects on the ability to
1744	1744	4 operate and maintain the existing transit system; and
1745	1745	5 (vi) other criteria that advance the goals and
1746	1746	6 objectives of the Strategic Plan.
1747	1747	7 (d) The Strategic Plan shall establish performance
1748	1748	8 standards and measurements regarding the adequacy, efficiency,
1749	1749	9 geographic equity and coordination of public transportation
1750	1750	10 services in the region and the implementation of the goals and
1751	1751	11 objectives in the Strategic Plan. At a minimum, such standards
1752	1752	12 and measures shall include customer-related performance data
1753	1753	13 measured by line, route, or sub-region, as determined by the
1754	1754	14 Authority, on the following:
1755	1755	15 (i) travel times and on-time performance;
1756	1756	16 (ii) ridership data;
1757	1757	17 (iii) equipment failure rates;
1758	1758	18 (iv) employee and customer safety; and
1759	1759	19 (v) customer satisfaction.
1760	1760	20 The Service Boards and transportation agencies that
1761	1761	21 receive funding from the Authority or Service Boards shall
1762	1762	22 prepare, publish, and submit to the Authority such reports
1763	1763	23 with regard to these standards and measurements in the
1764	1764	24 frequency and form required by the Authority; however, the
1765	1765	25 frequency of such reporting shall be no less than annual. The
1766	1766	26 Service Boards shall publish such reports on their respective
1767	1767
1768	1768
1769	1769
1770	1770
1771	1771
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1773	1773
1774	1774
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1776	1776	SB1938 - 50 - LRB104 12003 RTM 22098 b
1777	1777	1 websites. The Authority shall compile and publish such reports
1778	1778	2 on its website. Such performance standards and measures shall
1779	1779	3 not be used as the basis for disciplinary action against any
1780	1780	4 employee of the Authority or Service Boards, except to the
1781	1781	5 extent the employment and disciplinary practices of the
1782	1782	6 Authority or Service Board provide for such action.
1783	1783	7 (e) The Strategic Plan shall identify innovations to
1784	1784	8 improve the delivery of public transportation and the
1785	1785	9 construction of public transportation facilities.
1786	1786	10 (f) The Strategic Plan shall describe the expected
1787	1787	11 financial condition of public transportation in the
1788	1788	12 metropolitan region prospectively over a 10-year period, which
1789	1789	13 may include information about the cash position and all known
1790	1790	14 obligations of the Authority and the Service Boards including
1791	1791	15 operating expenditures, debt service, contributions for
1792	1792	16 payment of pension and other post-employment benefits, the
1793	1793	17 expected revenues from fares, tax receipts, grants from the
1794	1794	18 federal, State, and local governments for operating and
1795	1795	19 capital purposes and issuance of debt, the availability of
1796	1796	20 working capital, and the resources needed to achieve the goals
1797	1797	21 and objectives described in the Strategic Plan.
1798	1798	22 (g) In developing the Strategic Plan, the Authority shall
1799	1799	23 rely on such demographic and other data, forecasts, and
1800	1800	24 assumptions developed by the Chicago Metropolitan Agency for
1801	1801	25 Planning with respect to the patterns of population density
1802	1802	26 and growth, projected commercial and residential development,
1803	1803
1804	1804
1805	1805
1806	1806
1807	1807
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1809	1809
1810	1810
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1812	1812	SB1938 - 51 - LRB104 12003 RTM 22098 b
1813	1813	1 and environmental factors, within the metropolitan region and
1814	1814	2 in areas outside the metropolitan region that may impact
1815	1815	3 public transportation utilization in the metropolitan region.
1816	1816	4 The Authority shall also consult with the Illinois Department
1817	1817	5 of Transportation's Office of Planning and Programming when
1818	1818	6 developing the Strategic Plan. Before adopting or amending any
1819	1819	7 Strategic Plan, the Authority shall consult with the Chicago
1820	1820	8 Metropolitan Agency for Planning regarding the consistency of
1821	1821	9 the Strategic Plan with the Regional Comprehensive Plan
1822	1822	10 adopted pursuant to the Regional Planning Act.
1823	1823	11 (h) The Authority may adopt, by the affirmative vote of at
1824	1824	12 least 12 of its then Directors, prior to February 1, 2026, and
1825	1825	13 by the affirmative vote of at least 14 of its then Directors,
1826	1826	14 beginning February 1, 2026, sub-regional or corridor plans for
1827	1827	15 specific geographic areas of the metropolitan region in order
1828	1828	16 to improve the adequacy, efficiency, geographic equity and
1829	1829	17 coordination of existing, or the delivery of new, public
1830	1830	18 transportation. Such plans may also address areas outside the
1831	1831	19 metropolitan region that may impact public transportation
1832	1832	20 utilization in the metropolitan region. In preparing a
1833	1833	21 sub-regional or corridor plan, the Authority may identify
1834	1834	22 changes in operating practices or capital investment in the
1835	1835	23 sub-region or corridor that could increase ridership, reduce
1836	1836	24 costs, improve coordination, or enhance transit-oriented
1837	1837	25 development. The Authority shall consult with any affected
1838	1838	26 Service Boards in the preparation of any sub-regional or
1839	1839
1840	1840
1841	1841
1842	1842
1843	1843
1844	1844	SB1938 - 51 - LRB104 12003 RTM 22098 b
1845	1845
1846	1846
1847	1847	SB1938- 52 -LRB104 12003 RTM 22098 b SB1938 - 52 - LRB104 12003 RTM 22098 b
1848	1848	SB1938 - 52 - LRB104 12003 RTM 22098 b
1849	1849	1 corridor plans.
1850	1850	2 (i) If the Authority determines, by the affirmative vote
1851	1851	3 of at least 12 of its then Directors, prior to February 1,
1852	1852	4 2026, and by the affirmative vote of at least 14 of its then
1853	1853	5 Directors, beginning February 1, 2026, that, with respect to
1854	1854	6 any proposed new public transportation service or facility,
1855	1855	7 (i) multiple Service Boards or transportation agencies are
1856	1856	8 potential service providers and (ii) the public transportation
1857	1857	9 facilities to be constructed or purchased to provide that
1858	1858	10 service have an expected construction cost of more than
1859	1859	11 $25,000,000, the Authority shall have sole responsibility for
1860	1860	12 conducting any alternatives analysis and preliminary
1861	1861	13 environmental assessment required by federal or State law.
1862	1862	14 Nothing in this subparagraph (i) shall prohibit a Service
1863	1863	15 Board from undertaking alternatives analysis and preliminary
1864	1864	16 environmental assessment for any public transportation service
1865	1865	17 or facility identified in items (i) and (ii) above that is
1866	1866	18 included in the Five-Year Capital Program as of the effective
1867	1867	19 date of this amendatory Act of the 95th General Assembly;
1868	1868	20 however, any expenditure related to any such public
1869	1869	21 transportation service or facility must be included in a
1870	1870	22 Five-Year Capital Program under the requirements of Sections
1871	1871	23 2.01b and 4.02 of this Act.
1872	1872	24 (Source: P.A. 98-1027, eff. 1-1-15.)
1873	1873	25 (70 ILCS 3615/2.01b)
1874	1874
1875	1875
1876	1876
1877	1877
1878	1878
1879	1879	SB1938 - 52 - LRB104 12003 RTM 22098 b
1880	1880
1881	1881
1882	1882	SB1938- 53 -LRB104 12003 RTM 22098 b SB1938 - 53 - LRB104 12003 RTM 22098 b
1883	1883	SB1938 - 53 - LRB104 12003 RTM 22098 b
1884	1884	1 Sec. 2.01b. The Five-Year Capital Program. By the
1885	1885	2 affirmative vote of at least 12 of its then Directors, prior to
1886	1886	3 February 1, 2026, and by the affirmative vote of at least 14 of
1887	1887	4 its then Directors, beginning February 1, 2026, the Authority,
1888	1888	5 after consultation with the Service Boards and after holding a
1889	1889	6 minimum of 3 public hearings in Cook County and one public
1890	1890	7 hearing in each of the other counties in the metropolitan
1891	1891	8 region, shall each year adopt a Five-Year Capital Program that
1892	1892	9 shall include each capital improvement to be undertaken by or
1893	1893	10 on behalf of a Service Board provided that the Authority finds
1894	1894	11 that the improvement meets any criteria for capital
1895	1895	12 improvements contained in the Strategic Plan, is not
1896	1896	13 inconsistent with any sub-regional or corridor plan adopted by
1897	1897	14 the Authority, and can be funded within amounts available with
1898	1898	15 respect to the capital and operating costs of such
1899	1899	16 improvement. In reviewing proposals for improvements to be
1900	1900	17 included in a Five-Year Capital Program, the Authority may
1901	1901	18 give priority to improvements that are intended to bring
1902	1902	19 public transportation facilities into a state of good repair.
1903	1903	20 The Five-Year Capital Program shall also identify capital
1904	1904	21 improvements to be undertaken by a Service Board, a
1905	1905	22 transportation agency, or a unit of local government and
1906	1906	23 funded by the Authority from amounts in the Innovation,
1907	1907	24 Coordination, and Enhancement Fund, provided that no
1908	1908	25 improvement that is included in the Five-Year Capital Program
1909	1909	26 as of the effective date of this amendatory Act of the 95th
1910	1910
1911	1911
1912	1912
1913	1913
1914	1914
1915	1915	SB1938 - 53 - LRB104 12003 RTM 22098 b
1916	1916
1917	1917
1918	1918	SB1938- 54 -LRB104 12003 RTM 22098 b SB1938 - 54 - LRB104 12003 RTM 22098 b
1919	1919	SB1938 - 54 - LRB104 12003 RTM 22098 b
1920	1920	1 General Assembly may receive funding from the Innovation,
1921	1921	2 Coordination, and Enhancement Fund. Before adopting a
1922	1922	3 Five-Year Capital Program, the Authority shall consult with
1923	1923	4 the Chicago Metropolitan Agency for Planning regarding the
1924	1924	5 consistency of the Five-Year Capital Program with the Regional
1925	1925	6 Comprehensive Plan adopted pursuant to the Regional Planning
1926	1926	7 Act.
1927	1927	8 (Source: P.A. 95-708, eff. 1-18-08.)
1928	1928	9 (70 ILCS 3615/2.01c)
1929	1929	10 Sec. 2.01c. Innovation, Coordination, and Enhancement
1930	1930	11 Fund.
1931	1931	12 (a) The Authority shall establish an Innovation,
1932	1932	13 Coordination, and Enhancement Fund and deposit into the Fund
1933	1933	14 an amount equal to $10,000,000 in 2008, and, each year
1934	1934	15 thereafter, an amount equal to the amount deposited in the
1935	1935	16 previous year increased or decreased by the percentage growth
1936	1936	17 or decline in revenues received by the Authority from taxes
1937	1937	18 imposed under Section 4.03 in the previous year. Amounts on
1938	1938	19 deposit in such Fund and interest and other earnings on those
1939	1939	20 amounts may be used by the Authority, upon the affirmative
1940	1940	21 vote of 12 of its then Directors, prior to February 1, 2026,
1941	1941	22 and by the affirmative vote of at least 14 of its then
1942	1942	23 Directors beginning February 1, 2026, and after a public
1943	1943	24 participation process, for operating or capital grants or
1944	1944	25 loans to Service Boards, transportation agencies, or units of
1945	1945
1946	1946
1947	1947
1948	1948
1949	1949
1950	1950	SB1938 - 54 - LRB104 12003 RTM 22098 b
1951	1951
1952	1952
1953	1953	SB1938- 55 -LRB104 12003 RTM 22098 b SB1938 - 55 - LRB104 12003 RTM 22098 b
1954	1954	SB1938 - 55 - LRB104 12003 RTM 22098 b
1955	1955	1 local government that advance the goals and objectives
1956	1956	2 identified by the Authority in its Strategic Plan, provided
1957	1957	3 that no improvement that has been included in a Five-Year
1958	1958	4 Capital Program as of the effective date of this amendatory
1959	1959	5 Act of the 95th General Assembly may receive any funding from
1960	1960	6 the Innovation, Coordination, and Enhancement Fund. Unless the
1961	1961	7 Board has determined, by a vote of 12 of its then Directors,
1962	1962	8 prior to February 1, 2026, and by the affirmative vote of at
1963	1963	9 least 14 of its then Directors beginning February 1, 2026,
1964	1964	10 that an emergency exists requiring the use of some or all of
1965	1965	11 the funds then in the Innovation, Coordination, and
1966	1966	12 Enhancement Fund, such funds may only be used to enhance the
1967	1967	13 coordination and integration of public transportation and
1968	1968	14 develop and implement innovations to improve the quality and
1969	1969	15 delivery of public transportation.
1970	1970	16 (b) Any grantee that receives funds from the Innovation,
1971	1971	17 Coordination, and Enhancement Fund for the operation of
1972	1972	18 eligible programs must (i) implement such programs within one
1973	1973	19 year of receipt of such funds and (ii) within 2 years following
1974	1974	20 commencement of any program utilizing such funds, determine
1975	1975	21 whether it is desirable to continue the program, and upon such
1976	1976	22 a determination, either incorporate such program into its
1977	1977	23 annual operating budget and capital program or discontinue
1978	1978	24 such program. No additional funds from the Innovation,
1979	1979	25 Coordination, and Enhancement Fund may be distributed to a
1980	1980	26 grantee for any individual program beyond 2 years unless the
1981	1981
1982	1982
1983	1983
1984	1984
1985	1985
1986	1986	SB1938 - 55 - LRB104 12003 RTM 22098 b
1987	1987
1988	1988
1989	1989	SB1938- 56 -LRB104 12003 RTM 22098 b SB1938 - 56 - LRB104 12003 RTM 22098 b
1990	1990	SB1938 - 56 - LRB104 12003 RTM 22098 b
1991	1991	1 Authority, by the affirmative vote of at least 12 of its then
1992	1992	2 Directors, prior to February 1, 2026, and by the affirmative
1993	1993	3 vote of at least 14 of its then Directors, beginning February
1994	1994	4 1, 2026, waives this limitation. Any such waiver will be with
1995	1995	5 regard to an individual program and with regard to a one
1996	1996	6 year-period, and any further waivers for such individual
1997	1997	7 program require a subsequent vote of the Board.
1998	1998	8 (Source: P.A. 97-399, eff. 8-16-11.)
1999	1999	9 (70 ILCS 3615/2.04) (from Ch. 111 2/3, par. 702.04)
2000	2000	10 Sec. 2.04. Fares and Nature of Service.
2001	2001	11 (a) Whenever a Service Board provides any public
2002	2002	12 transportation by operating public transportation facilities,
2003	2003	13 the Service Board shall provide for the level and nature of
2004	2004	14 fares or charges to be made for such services, and the nature
2005	2005	15 and standards of public transportation to be so provided that
2006	2006	16 meet the goals and objectives adopted by the Authority in the
2007	2007	17 Strategic Plan. Provided, however that if the Board adopts a
2008	2008	18 budget and financial plan for a Service Board in accordance
2009	2009	19 with the provisions in Section 4.11(b)(5), the Board may
2010	2010	20 consistent with the terms of any purchase of service contract
2011	2011	21 provide for the level and nature of fares to be made for such
2012	2012	22 services under the jurisdiction of that Service Board, and the
2013	2013	23 nature and standards of public transportation to be so
2014	2014	24 provided.
2015	2015	25 (b) Whenever a Service Board provides any public
2016	2016
2017	2017
2018	2018
2019	2019
2020	2020
2021	2021	SB1938 - 56 - LRB104 12003 RTM 22098 b
2022	2022
2023	2023
2024	2024	SB1938- 57 -LRB104 12003 RTM 22098 b SB1938 - 57 - LRB104 12003 RTM 22098 b
2025	2025	SB1938 - 57 - LRB104 12003 RTM 22098 b
2026	2026	1 transportation pursuant to grants made after June 30, 1975, to
2027	2027	2 transportation agencies for operating expenses (other than
2028	2028	3 with regard to experimental programs) or pursuant to any
2029	2029	4 purchase of service agreement, the purchase of service
2030	2030	5 agreement or grant contract shall provide for the level and
2031	2031	6 nature of fares or charges to be made for such services, and
2032	2032	7 the nature and standards of public transportation to be so
2033	2033	8 provided. A Service Board shall require all transportation
2034	2034	9 agencies with which it contracts, or from which it purchases
2035	2035	10 transportation services or to which it makes grants to provide
2036	2036	11 half fare transportation for their student riders if any of
2037	2037	12 such agencies provide for half fare transportation to their
2038	2038	13 student riders.
2039	2039	14 (c) In so providing for the fares or charges and the nature
2040	2040	15 and standards of public transportation, any purchase of
2041	2041	16 service agreements or grant contracts shall provide, among
2042	2042	17 other matters, for the terms or cost of transfers or
2043	2043	18 interconnections between different modes of transportation and
2044	2044	19 different public transportation agencies, schedules or routes
2045	2045	20 of such service, changes which may be made in such service, the
2046	2046	21 nature and condition of the facilities used in providing
2047	2047	22 service, the manner of collection and disposition of fares or
2048	2048	23 charges, the records and reports to be kept and made
2049	2049	24 concerning such service, for interchangeable tickets or other
2050	2050	25 coordinated or uniform methods of collection of charges, and
2051	2051	26 shall further require that the transportation agency comply
2052	2052
2053	2053
2054	2054
2055	2055
2056	2056
2057	2057	SB1938 - 57 - LRB104 12003 RTM 22098 b
2058	2058
2059	2059
2060	2060	SB1938- 58 -LRB104 12003 RTM 22098 b SB1938 - 58 - LRB104 12003 RTM 22098 b
2061	2061	SB1938 - 58 - LRB104 12003 RTM 22098 b
2062	2062	1 with any determination made by the Board of the Authority
2063	2063	2 under and subject to the provisions of Section 2.12b of this
2064	2064	3 Act. In regard to any such service, the Authority and the
2065	2065	4 Service Boards shall give attention to and may undertake
2066	2066	5 programs to promote use of public transportation and to
2067	2067	6 provide coordinated ticket sales and passenger information. In
2068	2068	7 the case of a grant to a transportation agency which remains
2069	2069	8 subject to Illinois Commerce Commission supervision and
2070	2070	9 regulation, the Service Boards shall exercise the powers set
2071	2071	10 forth in this Section in a manner consistent with such
2072	2072	11 supervision and regulation by the Illinois Commerce
2073	2073	12 Commission.
2074	2074	13 (d) By January 1, 2013, the Authority, in consultation
2075	2075	14 with the Service Boards and the general public, must develop a
2076	2076	15 policy regarding transfer fares on all fixed-route public
2077	2077	16 transportation services provided by the Service Boards. The
2078	2078	17 policy shall also set forth the fare sharing agreements
2079	2079	18 between the Service Boards that apply to interagency fare
2080	2080	19 passes and tickets. The policy established by the Authority
2081	2081	20 shall be submitted to each of the Service Boards for its
2082	2082	21 approval or comments and objection. After receiving the
2083	2083	22 policy, the Service Boards have 90 days to approve or take
2084	2084	23 other action regarding the policy. If all of the Service
2085	2085	24 Boards agree to the policy, then a regional agreement shall be
2086	2086	25 created and signed by each of the Service Boards. The terms of
2087	2087	26 the agreement may be changed upon petition by any of the
2088	2088
2089	2089
2090	2090
2091	2091
2092	2092
2093	2093	SB1938 - 58 - LRB104 12003 RTM 22098 b
2094	2094
2095	2095
2096	2096	SB1938- 59 -LRB104 12003 RTM 22098 b SB1938 - 59 - LRB104 12003 RTM 22098 b
2097	2097	SB1938 - 59 - LRB104 12003 RTM 22098 b
2098	2098	1 Service Boards and by agreement of the other Service Boards.
2099	2099	2 (e) By January 1, 2015, the Authority must develop and
2100	2100	3 implement a regional fare payment system. The regional fare
2101	2101	4 payment system must use and conform with established
2102	2102	5 information security industry standards and requirements of
2103	2103	6 the financial industry. The system must allow consumers to use
2104	2104	7 contactless credit cards, debit cards, and prepaid cards to
2105	2105	8 pay for all fixed-route public transportation services.
2106	2106	9 Beginning in 2012 and each year thereafter until 2015, the
2107	2107	10 Authority must submit an annual report to the Governor and
2108	2108	11 General Assembly describing the progress of the Authority and
2109	2109	12 each of the Service Boards in implementing the regional fare
2110	2110	13 payment system. The Authority must adopt rules to implement
2111	2111	14 the requirements set forth in this Section.
2112	2112	15 (f) Beginning July 1, 2026, the Authority shall be the
2113	2113	16 sole agency responsible for the management and oversight of
2114	2114	17 the fare collection systems used on all public transportation
2115	2115	18 provided by the Service Boards. In that capacity, the
2116	2116	19 Authority shall develop and implement a regionally coordinated
2117	2117	20 and consolidated fare collection system to go into effect by
2118	2118	21 July 1, 2027. The Authority must develop and make available
2119	2119	22 for use by riders a universal fare instrument that may be used
2120	2120	23 interchangeably on all public transportation funded by the
2121	2121	24 Authority. The Authority and Service Boards must adopt rules
2122	2122	25 to implement the requirement set forth in this Section.
2123	2123	26 The Service Boards shall retain their own authority to set
2124	2124
2125	2125
2126	2126
2127	2127
2128	2128
2129	2129	SB1938 - 59 - LRB104 12003 RTM 22098 b
2130	2130
2131	2131
2132	2132	SB1938- 60 -LRB104 12003 RTM 22098 b SB1938 - 60 - LRB104 12003 RTM 22098 b
2133	2133	SB1938 - 60 - LRB104 12003 RTM 22098 b
2134	2134	1 fare rates under Sections 3A.10 and 3B.10 of this Act and
2135	2135	2 Section 30 of the Metropolitan Transit Authority Act. Any
2136	2136	3 change to fares proposed by a Service Board must be submitted
2137	2137	4 to the Authority for the Authority's consideration. The
2138	2138	5 Authority may disapprove of any proposed fare rate changes by
2139	2139	6 the Service Boards in whole or may propose a different fare
2140	2140	7 rate, within 30 days after the fare rate change was proposed by
2141	2141	8 an affirmative vote of at least 14 members of the Board.
2142	2142	9 Beginning January 1, 2026, at least once every 2 years,
2143	2143	10 the Authority shall assess the need to make fare adjustments
2144	2144	11 for public transportation provided by all Service Boards in
2145	2145	12 light of inflation, budgetary needs, and other relevant policy
2146	2146	13 considerations. The Board shall submit proposed fare changes
2147	2147	14 to each Service Board for the Service Board's consideration.
2148	2148	15 The Service Boards shall adopt or disapprove of any proposed
2149	2149	16 fare rate changes within 30 days after the Authority submitted
2150	2150	17 the proposal by a simple majority vote of each Service Board.
2151	2151	18 (g) By July 1, 2026, the Authority shall implement:
2152	2152	19 (1) an income-based reduced fare program; and
2153	2153	20 (2) fare-capping for individual services and across
2154	2154	21 public transportation service providers. Fare-capping
2155	2155	22 means the action of no longer charging a rider for any
2156	2156	23 additional fares for the duration of a daily, weekly,
2157	2157	24 monthly, or 30-day pass once the rider has purchased
2158	2158	25 enough regular one-way fares to reach the cost of the
2159	2159	26 applicable pass.
2160	2160
2161	2161
2162	2162
2163	2163
2164	2164
2165	2165	SB1938 - 60 - LRB104 12003 RTM 22098 b
2166	2166
2167	2167
2168	2168	SB1938- 61 -LRB104 12003 RTM 22098 b SB1938 - 61 - LRB104 12003 RTM 22098 b
2169	2169	SB1938 - 61 - LRB104 12003 RTM 22098 b
2170	2170	1 (h) The Authority shall provide regular reports to the
2171	2171	2 Governor and General Assembly on progress made in implementing
2172	2172	3 the changes made by this amendatory Act of the 104th General
2173	2173	4 Assembly under subsections (f) and (g) of this Section as
2174	2174	5 outlined under Section 2.44.
2175	2175	6 (Source: P.A. 97-85, eff. 7-7-11.)
2176	2176	7 (70 ILCS 3615/2.05) (from Ch. 111 2/3, par. 702.05)
2177	2177	8 Sec. 2.05. Centralized Services; Acquisition and
2178	2178	9 Construction.
2179	2179	10 (a) The Authority may at the request of two or more Service
2180	2180	11 Boards, serve, or designate a Service Board to serve, as a
2181	2181	12 centralized purchasing agent for the Service Boards so
2182	2182	13 requesting.
2183	2183	14 (b) The Authority may at the request of two or more Service
2184	2184	15 Boards perform other centralized services such as ridership
2185	2185	16 information and transfers between services under the
2186	2186	17 jurisdiction of the Service Boards where such centralized
2187	2187	18 services financially benefit the region as a whole. Provided,
2188	2188	19 however, that the Board may require transfers only upon an
2189	2189	20 affirmative vote of 12 of its then Directors, prior to
2190	2190	21 February 1, 2026, and by the affirmative vote of at least 14 of
2191	2191	22 its then Directors, beginning February 1, 2026.
2192	2192	23 (c) A Service Board or the Authority may for the benefit of
2193	2193	24 a Service Board, to meet its purposes, construct or acquire
2194	2194	25 any public transportation facility for use by a Service Board
2195	2195
2196	2196
2197	2197
2198	2198
2199	2199
2200	2200	SB1938 - 61 - LRB104 12003 RTM 22098 b
2201	2201
2202	2202
2203	2203	SB1938- 62 -LRB104 12003 RTM 22098 b SB1938 - 62 - LRB104 12003 RTM 22098 b
2204	2204	SB1938 - 62 - LRB104 12003 RTM 22098 b
2205	2205	1 or for use by any transportation agency and may acquire any
2206	2206	2 such facilities from any transportation agency, including also
2207	2207	3 without limitation any reserve funds, employees' pension or
2208	2208	4 retirement funds, special funds, franchises, licenses,
2209	2209	5 patents, permits and papers, documents and records of the
2210	2210	6 agency. In connection with any such acquisition from a
2211	2211	7 transportation agency the Authority may assume obligations of
2212	2212	8 the transportation agency with regard to such facilities or
2213	2213	9 property or public transportation operations of such agency.
2214	2214	10 In connection with any construction or acquisition, the
2215	2215	11 Authority shall make relocation payments as may be required by
2216	2216	12 federal law or by the requirements of any federal agency
2217	2217	13 authorized to administer any federal program of aid.
2218	2218	14 (d) The Authority shall, after consulting with the Service
2219	2219	15 Boards, develop regionally coordinated and consolidated sales,
2220	2220	16 marketing, advertising, and public information programs that
2221	2221	17 promote the use and coordination of, and transfers among,
2222	2222	18 public transportation services in the metropolitan region. The
2223	2223	19 Authority shall develop and adopt, with the affirmative vote
2224	2224	20 of at least 12 of its then Directors, prior to February 1,
2225	2225	21 2026, and with the affirmative vote of at least 14 of its then
2226	2226	22 Directors, beginning February 1, 2026, rules and regulations
2227	2227	23 for the Authority and the Service Boards regarding such
2228	2228	24 programs to ensure that the Service Boards' independent
2229	2229	25 programs conform with the Authority's regional programs.
2230	2230	26 (Source: P.A. 95-708, eff. 1-18-08.)
2231	2231
2232	2232
2233	2233
2234	2234
2235	2235
2236	2236	SB1938 - 62 - LRB104 12003 RTM 22098 b
2237	2237
2238	2238
2239	2239	SB1938- 63 -LRB104 12003 RTM 22098 b SB1938 - 63 - LRB104 12003 RTM 22098 b
2240	2240	SB1938 - 63 - LRB104 12003 RTM 22098 b
2241	2241	1 (70 ILCS 3615/2.08) (from Ch. 111 2/3, par. 702.08)
2242	2242	2 Sec. 2.08. Protection Against Crime. The Authority shall
2243	2243	3 cooperate with the various State, municipal, sheriff's and
2244	2244	4 transportation agency police forces in the metropolitan region
2245	2245	5 for the protection of employees and consumers of public
2246	2246	6 transportation services and public transportation facilities
2247	2247	7 against crime. By July 1, 2026, the The Authority shall
2248	2248	8 establish may provide by ordinance for an Authority police
2249	2249	9 force to aid, coordinate, and supplement other police forces
2250	2250	10 in protecting persons and property and reducing the threats of
2251	2251	11 crime with regard to public transportation provided by all
2252	2252	12 Service Boards. The Authority police force shall have the
2253	2253	13 authority to police its transit property, vehicles, and
2254	2254	14 stations along all routes of the 3 Service Boards, carry out
2255	2255	15 investigations, and make arrests. Such police shall have the
2256	2256	16 same powers with regard to such protection of persons and
2257	2257	17 property as those exercised by police of municipalities and
2258	2258	18 may include members of other police forces in the metropolitan
2259	2259	19 region. The Authority shall establish minimum standards for
2260	2260	20 selection and training of members of such police force
2261	2261	21 employed by it. Training shall be accomplished at schools
2262	2262	22 certified by the Illinois Law Enforcement Training Standards
2263	2263	23 Board established pursuant to the Illinois Police Training
2264	2264	24 Act. Such training shall be subject to the rules and standards
2265	2265	25 adopted pursuant to Section 7 of that Act. The Authority may
2266	2266
2267	2267
2268	2268
2269	2269
2270	2270
2271	2271	SB1938 - 63 - LRB104 12003 RTM 22098 b
2272	2272
2273	2273
2274	2274	SB1938- 64 -LRB104 12003 RTM 22098 b SB1938 - 64 - LRB104 12003 RTM 22098 b
2275	2275	SB1938 - 64 - LRB104 12003 RTM 22098 b
2276	2276	1 participate in any training program conducted under that Act.
2277	2277	2 The Authority may provide for the coordination or
2278	2278	3 consolidation of security services and police forces
2279	2279	4 maintained with regard to public transportation services and
2280	2280	5 facilities by various transportation agencies and may contract
2281	2281	6 with any municipality or county in the metropolitan region to
2282	2282	7 provide protection of persons or property with regard to
2283	2283	8 public transportation. The Authority police force shall work
2284	2284	9 in tandem with the Metra police force, supplementing their
2285	2285	10 services as needed. Employees of the Authority or of any
2286	2286	11 transportation agency affected by any action of the Authority
2287	2287	12 under this Section shall be provided the protection set forth
2288	2288	13 in Section 2.16. Neither the Authority, the Suburban Bus
2289	2289	14 Division, the Commuter Rail Division, nor any of their
2290	2290	15 Directors, officers or employees shall be held liable for
2291	2291	16 failure to provide a security or police force or, if a security
2292	2292	17 or police force is provided, for failure to provide adequate
2293	2293	18 police protection or security, failure to prevent the
2294	2294	19 commission of crimes by fellow passengers or other third
2295	2295	20 persons or for the failure to apprehend criminals.
2296	2296	21 The Authority shall provide regular reports to the
2297	2297	22 Governor and General Assembly on progress made in implementing
2298	2298	23 the changes made by this amendatory Act of the 104th General
2299	2299	24 Assembly under this Section as outlined under Section 2.44.
2300	2300	25 These reports shall include the organizational structure of
2301	2301	26 the police force, number of officers, detectives, and other
2302	2302
2303	2303
2304	2304
2305	2305
2306	2306
2307	2307	SB1938 - 64 - LRB104 12003 RTM 22098 b
2308	2308
2309	2309
2310	2310	SB1938- 65 -LRB104 12003 RTM 22098 b SB1938 - 65 - LRB104 12003 RTM 22098 b
2311	2311	SB1938 - 65 - LRB104 12003 RTM 22098 b
2312	2312	1 staff employed, future employment plans, coordination and
2313	2313	2 partnerships with existing police forces, training
2314	2314	3 accomplishments, technology advancements, and a summary of
2315	2315	4 data on number of incidents of crime and code of conduct
2316	2316	5 violations on the system and other performance measures used
2317	2317	6 to evaluate the effectiveness of the police force.
2318	2318	7 (Source: P.A. 91-357, eff. 7-29-99.)
2319	2319	8 (70 ILCS 3615/2.08a new)
2320	2320	9 Sec. 2.08a. Transit Ambassador Program.
2321	2321	10 (a) By July 1, 2026, the Authority, in coordination with
2322	2322	11 the Service Boards, must implement a Transit Ambassador
2323	2323	12 Program that provides for personnel deployment, rider
2324	2324	13 education and assistance, fare payment inspection, and
2325	2325	14 improvement to the transit experience.
2326	2326	15 (b) As part of program implementation, the Authority, in
2327	2327	16 coordination with the Service Boards, must:
2328	2328	17 (1) establish policies and procedures that govern
2329	2329	18 authorizing and training ambassadors;
2330	2330	19 (2) consult with interested stakeholders on the design
2331	2331	20 of the program; and
2332	2332	21 (3) develop a ambassador personnel strategic
2333	2333	22 deployment plan that (i) requires teams of at least 2
2334	2334	23 individuals and (ii) targets deployment to times and
2335	2335	24 locations with identified concentrations of activity that
2336	2336	25 are subject to arrest or that negatively impact the rider
2337	2337
2338	2338
2339	2339
2340	2340
2341	2341
2342	2342	SB1938 - 65 - LRB104 12003 RTM 22098 b
2343	2343
2344	2344
2345	2345	SB1938- 66 -LRB104 12003 RTM 22098 b SB1938 - 66 - LRB104 12003 RTM 22098 b
2346	2346	SB1938 - 66 - LRB104 12003 RTM 22098 b
2347	2347	1 experience.
2348	2348	2 (c) The Transit Ambassador Program will deploy trained
2349	2349	3 personnel on buses, bus stops, trains, and stations for all
2350	2350	4 Service Boards.
2351	2351	5 (d) The ambassador units shall be composed of mobile and
2352	2352	6 fixed post personnel that are trained to play a rider-facing
2353	2353	7 and welcoming role, promote safety for all riders and
2354	2354	8 operators, and help connect vulnerable riders to resources or
2355	2355	9 assistance.
2356	2356	10 (e) The duties of ambassadors include:
2357	2357	11 (1) monitoring and responding to passenger activity,
2358	2358	12 including educating passengers and specifying expectations
2359	2359	13 related to rider conduct;
2360	2360	14 (2) serving as a liaison to social service agencies;
2361	2361	15 (3) providing information and assistance to passengers
2362	2362	16 in navigating the transit system;
2363	2363	17 (4) performing fare payment inspections; and
2364	2364	18 (5) obtaining assistance from peace officers as
2365	2365	19 necessary.
2366	2366	20 (f) An individual who is authorized as an ambassador shall
2367	2367	21 be a member of a Service Board and shall be eligible for
2368	2368	22 membership in a registered labor organization.
2369	2369	23 (g) The Authority shall evaluate the efficacy of the
2370	2370	24 Transit Ambassador Program on a regular basis, at a minimum
2371	2371	25 every 5 years in conjunction with the adoption of its
2372	2372	26 Strategic Plan, and shall make appropriate adjustments to the
2373	2373
2374	2374
2375	2375
2376	2376
2377	2377
2378	2378	SB1938 - 66 - LRB104 12003 RTM 22098 b
2379	2379
2380	2380
2381	2381	SB1938- 67 -LRB104 12003 RTM 22098 b SB1938 - 67 - LRB104 12003 RTM 22098 b
2382	2382	SB1938 - 67 - LRB104 12003 RTM 22098 b
2383	2383	1 Programs.
2384	2384	2 (h) The Authority shall provide regular reports to the
2385	2385	3 Governor and General Assembly on progress made in implementing
2386	2386	4 the changes made by this amendatory Act of the 104th General
2387	2387	5 Assembly under this Section as outlined under Section 2.44.
2388	2388	6 (70 ILCS 3615/2.12b)
2389	2389	7 Sec. 2.12b. Coordination of Fares and Service. Upon the
2390	2390	8 request of a Service Board, the Executive Director of the
2391	2391	9 Authority may, upon the affirmative vote of 9 of the then
2392	2392	10 Directors of the Authority, prior to February 1, 2026, and by
2393	2393	11 the affirmative vote of at least 11 of the then Directors,
2394	2394	12 beginning February 1, 2026, intervene in any matter involving
2395	2395	13 (i) a dispute between Service Boards or a Service Board and a
2396	2396	14 transportation agency providing service on behalf of a Service
2397	2397	15 Board with respect to the terms of transfer between, and the
2398	2398	16 allocation of revenues from fares and charges for,
2399	2399	17 transportation services provided by the parties or (ii) a
2400	2400	18 dispute between 2 Service Boards with respect to coordination
2401	2401	19 of service, route duplication, or a change in service. Any
2402	2402	20 Service Board or transportation agency involved in such
2403	2403	21 dispute shall meet with the Executive Director, cooperate in
2404	2404	22 good faith to attempt to resolve the dispute, and provide any
2405	2405	23 books, records, and other information requested by the
2406	2406	24 Executive Director. If the Executive Director is unable to
2407	2407	25 mediate a resolution of any dispute, he or she may provide a
2408	2408
2409	2409
2410	2410
2411	2411
2412	2412
2413	2413	SB1938 - 67 - LRB104 12003 RTM 22098 b
2414	2414
2415	2415
2416	2416	SB1938- 68 -LRB104 12003 RTM 22098 b SB1938 - 68 - LRB104 12003 RTM 22098 b
2417	2417	SB1938 - 68 - LRB104 12003 RTM 22098 b
2418	2418	1 written determination recommending a change in the fares or
2419	2419	2 charges or the allocation of revenues for such service or
2420	2420	3 directing a change in the nature or provider of service that is
2421	2421	4 the subject of the dispute. The Executive Director shall base
2422	2422	5 such determination upon the goals and objectives of the
2423	2423	6 Strategic Plan established pursuant to Section 2.01a(b). Such
2424	2424	7 determination shall be presented to the Board of the Authority
2425	2425	8 and, if approved, by the affirmative vote of at least 9 of the
2426	2426	9 then Directors of the Authority, prior to February 1, 2026,
2427	2427	10 and by the affirmative vote of at least 11 of the then
2428	2428	11 Directors, beginning February 1, 2026, shall be final and
2429	2429	12 shall be implemented by any affected Service Board and
2430	2430	13 transportation agency within the time frame required by the
2431	2431	14 determination.
2432	2432	15 (Source: P.A. 95-708, eff. 1-18-08.)
2433	2433	16 (70 ILCS 3615/2.14) (from Ch. 111 2/3, par. 702.14)
2434	2434	17 Sec. 2.14. Appointment of Officers and Employees. The
2435	2435	18 Authority may appoint, retain and employ officers, attorneys,
2436	2436	19 agents, engineers and employees. The officers shall include an
2437	2437	20 Executive Director, who shall be the chief executive officer
2438	2438	21 of the Authority, appointed by the Chairman with the
2439	2439	22 concurrence of 11 of the other then Directors of the Board,
2440	2440	23 prior to February 1, 2026, and by the concurrence of at least
2441	2441	24 13 Directors, beginning February 1, 2026. The Executive
2442	2442	25 Director shall organize the staff of the Authority, shall
2443	2443
2444	2444
2445	2445
2446	2446
2447	2447
2448	2448	SB1938 - 68 - LRB104 12003 RTM 22098 b
2449	2449
2450	2450
2451	2451	SB1938- 69 -LRB104 12003 RTM 22098 b SB1938 - 69 - LRB104 12003 RTM 22098 b
2452	2452	SB1938 - 69 - LRB104 12003 RTM 22098 b
2453	2453	1 allocate their functions and duties, shall transfer such staff
2454	2454	2 to the Suburban Bus Division and the Commuter Rail Division as
2455	2455	3 is sufficient to meet their purposes, shall fix compensation
2456	2456	4 and conditions of employment of the staff of the Authority,
2457	2457	5 and consistent with the policies of and direction from the
2458	2458	6 Board, take all actions necessary to achieve its purposes,
2459	2459	7 fulfill its responsibilities and carry out its powers, and
2460	2460	8 shall have such other powers and responsibilities as the Board
2461	2461	9 shall determine. The Executive Director must be an individual
2462	2462	10 of proven transportation and management skills and may not be
2463	2463	11 a member of the Board. The Authority may employ its own
2464	2464	12 professional management personnel to provide professional and
2465	2465	13 technical expertise concerning its purposes and powers and to
2466	2466	14 assist it in assessing the performance of the Service Boards
2467	2467	15 in the metropolitan region.
2468	2468	16 No employee, officer, or agent of the Authority may
2469	2469	17 receive a bonus that exceeds 10% of his or her annual salary
2470	2470	18 unless that bonus has been reviewed by the Board for a period
2471	2471	19 of 14 days. After 14 days, the contract shall be considered
2472	2472	20 reviewed. This Section does not apply to usual and customary
2473	2473	21 salary adjustments.
2474	2474	22 No unlawful discrimination, as defined and prohibited in
2475	2475	23 the Illinois Human Rights Act, shall be made in any term or
2476	2476	24 aspect of employment nor shall there be discrimination based
2477	2477	25 upon political reasons or factors. The Authority shall
2478	2478	26 establish regulations to insure that its discharges shall not
2479	2479
2480	2480
2481	2481
2482	2482
2483	2483
2484	2484	SB1938 - 69 - LRB104 12003 RTM 22098 b
2485	2485
2486	2486
2487	2487	SB1938- 70 -LRB104 12003 RTM 22098 b SB1938 - 70 - LRB104 12003 RTM 22098 b
2488	2488	SB1938 - 70 - LRB104 12003 RTM 22098 b
2489	2489	1 be arbitrary and that hiring and promotion are based on merit.
2490	2490	2 The Authority shall be subject to the "Illinois Human
2491	2491	3 Rights Act", as now or hereafter amended, and the remedies and
2492	2492	4 procedure established thereunder. The Authority shall file an
2493	2493	5 affirmative action program for employment by it with the
2494	2494	6 Department of Human Rights to ensure that applicants are
2495	2495	7 employed and that employees are treated during employment,
2496	2496	8 without regard to unlawful discrimination. Such affirmative
2497	2497	9 action program shall include provisions relating to hiring,
2498	2498	10 upgrading, demotion, transfer, recruitment, recruitment
2499	2499	11 advertising, selection for training and rates of pay or other
2500	2500	12 forms of compensation.
2501	2501	13 (Source: P.A. 98-1027, eff. 1-1-15.)
2502	2502	14 (70 ILCS 3615/2.18a) (from Ch. 111 2/3, par. 702.18a)
2503	2503	15 Sec. 2.18a. (a) The provisions of this Section apply to
2504	2504	16 collective bargaining agreements (including extensions and
2505	2505	17 amendments to existing agreements) between Service Boards or
2506	2506	18 transportation agencies subject to the jurisdiction of Service
2507	2507	19 Boards and their employees, which are entered into after
2508	2508	20 January 1, 1984.
2509	2509	21 (b) The Authority shall approve amended budgets prepared
2510	2510	22 by Service Boards which incorporate the costs of collective
2511	2511	23 bargaining agreements between Service Boards and their
2512	2512	24 employees. The Authority shall approve such an amended budget
2513	2513	25 provided that it determines, by the affirmative vote of 12 of
2514	2514
2515	2515
2516	2516
2517	2517
2518	2518
2519	2519	SB1938 - 70 - LRB104 12003 RTM 22098 b
2520	2520
2521	2521
2522	2522	SB1938- 71 -LRB104 12003 RTM 22098 b SB1938 - 71 - LRB104 12003 RTM 22098 b
2523	2523	SB1938 - 71 - LRB104 12003 RTM 22098 b
2524	2524	1 its then members, prior to February 1, 2026, and by the
2525	2525	2 affirmative vote of at least 14 of its then members, beginning
2526	2526	3 February 1, 2026, that the amended budget meets the standards
2527	2527	4 established in Section 4.11.
2528	2528	5 (Source: P.A. 95-708, eff. 1-18-08.)
2529	2529	6 (70 ILCS 3615/2.30)
2530	2530	7 Sec. 2.30. Paratransit services.
2531	2531	8 (a) For purposes of this Act, "ADA paratransit services"
2532	2532	9 shall mean those comparable or specialized transportation
2533	2533	10 services provided by, or under grant or purchase of service
2534	2534	11 contracts of, the Service Boards to individuals with
2535	2535	12 disabilities who are unable to use fixed route transportation
2536	2536	13 systems and who are determined to be eligible, for some or all
2537	2537	14 of their trips, for such services under the Americans with
2538	2538	15 Disabilities Act of 1990 and its implementing regulations.
2539	2539	16 (b) Beginning July 1, 2005, the Authority is responsible
2540	2540	17 for the funding, from amounts on deposit in the ADA
2541	2541	18 Paratransit Fund established under Section 2.01d of this Act,
2542	2542	19 financial review and oversight of all ADA paratransit services
2543	2543	20 that are provided by the Authority or by any of the Service
2544	2544	21 Boards. The Suburban Bus Board shall operate or provide for
2545	2545	22 the operation of all ADA paratransit services by no later than
2546	2546	23 July 1, 2006, except that this date may be extended to the
2547	2547	24 extent necessary to obtain approval from the Federal Transit
2548	2548	25 Administration of the plan prepared pursuant to subsection
2549	2549
2550	2550
2551	2551
2552	2552
2553	2553
2554	2554	SB1938 - 71 - LRB104 12003 RTM 22098 b
2555	2555
2556	2556
2557	2557	SB1938- 72 -LRB104 12003 RTM 22098 b SB1938 - 72 - LRB104 12003 RTM 22098 b
2558	2558	SB1938 - 72 - LRB104 12003 RTM 22098 b
2559	2559	1 (c).
2560	2560	2 (c) No later than January 1, 2006, the Authority, in
2561	2561	3 collaboration with the Suburban Bus Board and the Chicago
2562	2562	4 Transit Authority, shall develop a plan for the provision of
2563	2563	5 ADA paratransit services and submit such plan to the Federal
2564	2564	6 Transit Administration for approval. Approval of such plan by
2565	2565	7 the Authority shall require the affirmative votes of 12 of the
2566	2566	8 then Directors, prior to February 1, 2026, and the affirmative
2567	2567	9 votes of at least 14 of its then Directors, beginning February
2568	2568	10 1, 2026. The Suburban Bus Board, the Chicago Transit Authority
2569	2569	11 and the Authority shall comply with the requirements of the
2570	2570	12 Americans with Disabilities Act of 1990 and its implementing
2571	2571	13 regulations in developing and approving such plan including,
2572	2572	14 without limitation, consulting with individuals with
2573	2573	15 disabilities and groups representing them in the community,
2574	2574	16 and providing adequate opportunity for public comment and
2575	2575	17 public hearings. The plan shall include the contents required
2576	2576	18 for a paratransit plan pursuant to the Americans with
2577	2577	19 Disabilities Act of 1990 and its implementing regulations. The
2578	2578	20 plan shall also include, without limitation, provisions to:
2579	2579	21 (1) maintain, at a minimum, the levels of ADA
2580	2580	22 paratransit service that are required to be provided by
2581	2581	23 the Service Boards pursuant to the Americans with
2582	2582	24 Disabilities Act of 1990 and its implementing regulations;
2583	2583	25 (2) transfer the appropriate ADA paratransit services,
2584	2584	26 management, personnel, service contracts and assets from
2585	2585
2586	2586
2587	2587
2588	2588
2589	2589
2590	2590	SB1938 - 72 - LRB104 12003 RTM 22098 b
2591	2591
2592	2592
2593	2593	SB1938- 73 -LRB104 12003 RTM 22098 b SB1938 - 73 - LRB104 12003 RTM 22098 b
2594	2594	SB1938 - 73 - LRB104 12003 RTM 22098 b
2595	2595	1 the Chicago Transit Authority to the Authority or the
2596	2596	2 Suburban Bus Board, as necessary, by no later than July 1,
2597	2597	3 2006, except that this date may be extended to the extent
2598	2598	4 necessary to obtain approval from the Federal Transit
2599	2599	5 Administration of the plan prepared pursuant to this
2600	2600	6 subsection (c);
2601	2601	7 (3) provide for consistent policies throughout the
2602	2602	8 metropolitan region for scheduling of ADA paratransit
2603	2603	9 service trips to and from destinations, with consideration
2604	2604	10 of scheduling of return trips on a "will-call" open-ended
2605	2605	11 basis upon request of the rider, if practicable, and with
2606	2606	12 consideration of an increased number of trips available by
2607	2607	13 subscription service than are available as of the
2608	2608	14 effective date of this amendatory Act;
2609	2609	15 (4) provide that service contracts and rates, entered
2610	2610	16 into or set after the approval by the Federal Transit
2611	2611	17 Administration of the plan prepared pursuant to subsection
2612	2612	18 (c) of this Section, with private carriers and taxicabs
2613	2613	19 for ADA paratransit service are procured by means of an
2614	2614	20 open procurement process;
2615	2615	21 (5) provide for fares, fare collection and billing
2616	2616	22 procedures for ADA paratransit services throughout the
2617	2617	23 metropolitan region;
2618	2618	24 (6) provide for performance standards for all ADA
2619	2619	25 paratransit service transportation carriers, with
2620	2620	26 consideration of door-to-door service;
2621	2621
2622	2622
2623	2623
2624	2624
2625	2625
2626	2626	SB1938 - 73 - LRB104 12003 RTM 22098 b
2627	2627
2628	2628
2629	2629	SB1938- 74 -LRB104 12003 RTM 22098 b SB1938 - 74 - LRB104 12003 RTM 22098 b
2630	2630	SB1938 - 74 - LRB104 12003 RTM 22098 b
2631	2631	1 (7) provide, in cooperation with the Illinois
2632	2632	2 Department of Transportation, the Illinois Department of
2633	2633	3 Public Aid and other appropriate public agencies and
2634	2634	4 private entities, for the application and receipt of
2635	2635	5 grants, including, without limitation, reimbursement from
2636	2636	6 Medicaid or other programs for ADA paratransit services;
2637	2637	7 (8) provide for a system of dispatch of ADA
2638	2638	8 paratransit services transportation carriers throughout
2639	2639	9 the metropolitan region, with consideration of
2640	2640	10 county-based dispatch systems already in place as of the
2641	2641	11 effective date of this amendatory Act;
2642	2642	12 (9) provide for a process of determining eligibility
2643	2643	13 for ADA paratransit services that complies with the
2644	2644	14 Americans with Disabilities Act of 1990 and its
2645	2645	15 implementing regulations;
2646	2646	16 (10) provide for consideration of innovative methods
2647	2647	17 to provide and fund ADA paratransit services; and
2648	2648	18 (11) provide for the creation of one or more ADA
2649	2649	19 advisory boards, or the reconstitution of the existing ADA
2650	2650	20 advisory boards for the Service Boards, to represent the
2651	2651	21 diversity of individuals with disabilities in the
2652	2652	22 metropolitan region and to provide appropriate ongoing
2653	2653	23 input from individuals with disabilities into the
2654	2654	24 operation of ADA paratransit services.
2655	2655	25 (d) All revisions and annual updates to the ADA
2656	2656	26 paratransit services plan developed pursuant to subsection (c)
2657	2657
2658	2658
2659	2659
2660	2660
2661	2661
2662	2662	SB1938 - 74 - LRB104 12003 RTM 22098 b
2663	2663
2664	2664
2665	2665	SB1938- 75 -LRB104 12003 RTM 22098 b SB1938 - 75 - LRB104 12003 RTM 22098 b
2666	2666	SB1938 - 75 - LRB104 12003 RTM 22098 b
2667	2667	1 of this Section, or certifications of continued compliance in
2668	2668	2 lieu of plan updates, that are required to be provided to the
2669	2669	3 Federal Transit Administration shall be developed by the
2670	2670	4 Authority, in collaboration with the Suburban Bus Board and
2671	2671	5 the Chicago Transit Authority, and the Authority shall submit
2672	2672	6 such revision, update or certification to the Federal Transit
2673	2673	7 Administration for approval. Approval of such revisions,
2674	2674	8 updates or certifications by the Authority shall require the
2675	2675	9 affirmative votes of 12 of the then Directors, prior to
2676	2676	10 February 1, 2026, and the affirmative votes of at least 14 of
2677	2677	11 the then Directors, beginning February 1, 2026.
2678	2678	12 (e) The Illinois Department of Transportation, the
2679	2679	13 Illinois Department of Public Aid, the Authority, the Suburban
2680	2680	14 Bus Board and the Chicago Transit Authority shall enter into
2681	2681	15 intergovernmental agreements as may be necessary to provide
2682	2682	16 funding and accountability for, and implementation of, the
2683	2683	17 requirements of this Section.
2684	2684	18 (f) By no later than April 1, 2007, the Authority shall
2685	2685	19 develop and submit to the General Assembly and the Governor a
2686	2686	20 funding plan for ADA paratransit services. Approval of such
2687	2687	21 plan by the Authority shall require the affirmative votes of
2688	2688	22 12 of the then Directors, prior to February 1, 2026, and by the
2689	2689	23 affirmative vote of at least 14 of its then Directors,
2690	2690	24 beginning February 1, 2026. The funding plan shall, at a
2691	2691	25 minimum, contain an analysis of the current costs of providing
2692	2692	26 ADA paratransit services, projections of the long-term costs
2693	2693
2694	2694
2695	2695
2696	2696
2697	2697
2698	2698	SB1938 - 75 - LRB104 12003 RTM 22098 b
2699	2699
2700	2700
2701	2701	SB1938- 76 -LRB104 12003 RTM 22098 b SB1938 - 76 - LRB104 12003 RTM 22098 b
2702	2702	SB1938 - 76 - LRB104 12003 RTM 22098 b
2703	2703	1 of providing ADA paratransit services, identification of and
2704	2704	2 recommendations for possible cost efficiencies in providing
2705	2705	3 ADA paratransit services, and identification of and
2706	2706	4 recommendations for possible funding sources for providing ADA
2707	2707	5 paratransit services. The Illinois Department of
2708	2708	6 Transportation, the Illinois Department of Public Aid, the
2709	2709	7 Suburban Bus Board, the Chicago Transit Authority and other
2710	2710	8 State and local public agencies as appropriate shall cooperate
2711	2711	9 with the Authority in the preparation of such funding plan.
2712	2712	10 (g) Any funds derived from the federal Medicaid program
2713	2713	11 for reimbursement of the costs of providing ADA paratransit
2714	2714	12 services within the metropolitan region shall be directed to
2715	2715	13 the Authority and shall be used to pay for or reimburse the
2716	2716	14 costs of providing such services.
2717	2717	15 (h) Nothing in this amendatory Act shall be construed to
2718	2718	16 conflict with the requirements of the Americans with
2719	2719	17 Disabilities Act of 1990 and its implementing regulations.
2720	2720	18 (Source: P.A. 94-370, eff. 7-29-05; 95-708, eff. 1-18-08.)
2721	2721	19 (70 ILCS 3615/2.43 new)
2722	2722	20 Sec. 2.43. Comprehensive metropolitan region transit plan.
2723	2723	21 (a) By July 1, 2027, the Authority shall complete a plan
2724	2724	22 for the purpose of evaluating the metropolitan region's
2725	2725	23 existing public transportation funding and policy processes
2726	2726	24 and developing alternative solutions. The Authority shall
2727	2727	25 evaluate and consider the following topics and produce a final
2728	2728
2729	2729
2730	2730
2731	2731
2732	2732
2733	2733	SB1938 - 76 - LRB104 12003 RTM 22098 b
2734	2734
2735	2735
2736	2736	SB1938- 77 -LRB104 12003 RTM 22098 b SB1938 - 77 - LRB104 12003 RTM 22098 b
2737	2737	SB1938 - 77 - LRB104 12003 RTM 22098 b
2738	2738	1 report of the data, findings, and recommendations to the
2739	2739	2 General Assembly that:
2740	2740	3 (1) evaluates the existing governance of the
2741	2741	4 metropolitan region's public transportation system,
2742	2742	5 including roles and responsibilities for each of the
2743	2743	6 Service Boards, the Authority, and the State;
2744	2744	7 (2) evaluates functions performed by the Authority and
2745	2745	8 each of the Service Boards that may be considered for
2746	2746	9 consolidation to be performed under the Authority,
2747	2747	10 including, but not limited to, procurement and purchasing,
2748	2748	11 accounting, grant management, communications, labor
2749	2749	12 relations, and human resources;
2750	2750	13 (3) evaluates existing planning processes, including
2751	2751	14 strategic plans, capital programming, and budgeting
2752	2752	15 performed by the Authority and each Service Board and
2753	2753	16 considers the implementation of a streamlined planning
2754	2754	17 process under the Authority;
2755	2755	18 (4) evaluates existing funding formulas for each of
2756	2756	19 the Service Boards and the Authority and considers
2757	2757	20 alternate funding distribution processes to be managed by
2758	2758	21 the Authority;
2759	2759	22 (5) evaluates existing coordination processes used
2760	2760	23 between the Service Boards regarding service routes and
2761	2761	24 connection between different services and considers the
2762	2762	25 development and implementation of a new, streamlined
2763	2763	26 approach to improve service connections;
2764	2764
2765	2765
2766	2766
2767	2767
2768	2768
2769	2769	SB1938 - 77 - LRB104 12003 RTM 22098 b
2770	2770
2771	2771
2772	2772	SB1938- 78 -LRB104 12003 RTM 22098 b SB1938 - 78 - LRB104 12003 RTM 22098 b
2773	2773	SB1938 - 78 - LRB104 12003 RTM 22098 b
2774	2774	1 (6) evaluates existing last-mile service options
2775	2775	2 through the service territory and considers the addition
2776	2776	3 of region-wide services; and
2777	2777	4 (7) outlines a feasible consolidation process for
2778	2778	5 functions evaluated in this Section.
2779	2779	6 (b) By April 1, 2026, the Authority shall enter into a
2780	2780	7 contract with a third party to assist the Authority in
2781	2781	8 producing a document that evaluates the topics described in
2782	2782	9 this Section and outlines formal recommendations that can be
2783	2783	10 acted upon by the General Assembly. The Authority shall
2784	2784	11 prepare a summary of its activities and produce a final report
2785	2785	12 of the data, findings, and recommendations for the General
2786	2786	13 Assembly by July 1, 2027. The final report shall include
2787	2787	14 specific, actionable recommendations for legislation and
2788	2788	15 organizational adjustments.
2789	2789	16 (c) Throughout the development of the study, the Authority
2790	2790	17 and the third party performing the study shall coordinate with
2791	2791	18 labor organizations whose members are employed by the
2792	2792	19 Authority or the Service Boards. The Authority and third party
2793	2793	20 shall conduct, at a minimum, 2 meetings with these labor
2794	2794	21 organizations, with one occurring during the development and
2795	2795	22 fact-finding stage of the study and one occurring after the
2796	2796	23 completion of a draft but before the draft's consideration by
2797	2797	24 the Board.
2798	2798	25 (d) The Service Boards shall work closely with the
2799	2799	26 Authority and provide all relevant data and information
2800	2800
2801	2801
2802	2802
2803	2803
2804	2804
2805	2805	SB1938 - 78 - LRB104 12003 RTM 22098 b
2806	2806
2807	2807
2808	2808	SB1938- 79 -LRB104 12003 RTM 22098 b SB1938 - 79 - LRB104 12003 RTM 22098 b
2809	2809	SB1938 - 79 - LRB104 12003 RTM 22098 b
2810	2810	1 necessary to complete this plan. The Authority shall have
2811	2811	2 access to and the right to examine and copy all books,
2812	2812	3 documents, papers, record or other source data of a Service
2813	2813	4 Board relevant to any information submitted pursuant to this
2814	2814	5 Section.
2815	2815	6 (e) This plan shall maintain the 3 Service Boards and
2816	2816	7 separate Authority and in no way shall consider consolidation
2817	2817	8 into one public transportation organization.
2818	2818	9 (f) The Authority shall provide regular reports to the
2819	2819	10 Governor and General Assembly on progress made in implementing
2820	2820	11 the changes made by this amendatory Act of the 104th General
2821	2821	12 Assembly under this Section as outlined under Section 2.44.
2822	2822	13 (70 ILCS 3615/2.44 new)
2823	2823	14 Sec. 2.44. Authority and Service Board accountability.
2824	2824	15 (a) To ensure the changes made by this amendatory Act of
2825	2825	16 the 104th General Assembly are actively pursued and
2826	2826	17 implemented in a timely manner, the following accountability
2827	2827	18 measures shall apply to the Authority and Service Boards:
2828	2828	19 (1) In fiscal year 2026 and each fiscal year
2829	2829	20 thereafter, the Authority shall submit 2 reports to the
2830	2830	21 Governor and General Assembly reporting progress made on
2831	2831	22 reforms adopted under Sections 2.04, 2.08, 2.08a, 2.43,
2832	2832	23 3A.10, 3B.10, 4.01, and 4.09 of this Act. The reports
2833	2833	24 shall be submitted by September 15 and March 15 of each
2834	2834	25 year, beginning on September 15, 2025.
2835	2835
2836	2836
2837	2837
2838	2838
2839	2839
2840	2840	SB1938 - 79 - LRB104 12003 RTM 22098 b
2841	2841
2842	2842
2843	2843	SB1938- 80 -LRB104 12003 RTM 22098 b SB1938 - 80 - LRB104 12003 RTM 22098 b
2844	2844	SB1938 - 80 - LRB104 12003 RTM 22098 b
2845	2845	1 (2) The Service Boards shall work closely with the
2846	2846	2 Authority and provide all relevant data and information
2847	2847	3 necessary to implement the changes made by this amendatory
2848	2848	4 Act of the 104th General Assembly.
2849	2849	5 (A) In fiscal year 2026 and each fiscal year
2850	2850	6 thereafter, the Service Boards shall submit quarterly
2851	2851	7 reports to the Authority reporting or progress made
2852	2852	8 under Sections 2.04, 2.08, 2.08a, 2.43, 3A.10, 3B.10,
2853	2853	9 4.01, and 4.09 of this Act. The reports shall be
2854	2854	10 submitted by January 31, April 30, July 31, and
2855	2855	11 October 31 of each year, beginning on October 31,
2856	2856	12 2025.
2857	2857	13 (B) If the Executive Director certifies that a
2858	2858	14 Service Board has not submitted data or documents as
2859	2859	15 requested by the Authority or has not been willing to
2860	2860	16 actively communicate and coordinate as requested by
2861	2861	17 the Authority concerning changes to Sections 2.04,
2862	2862	18 2.08, 2.08a, 2.43, 2.44, 3A.10, 3B.10, 4.01, and 4.09
2863	2863	19 of this Act by this amendatory Act of the 104th General
2864	2864	20 Assembly and if that certification is accepted by the
2865	2865	21 affirmative vote of at least 14 of the then Directors
2866	2866	22 of the Authority, then the Authority shall reduce the
2867	2867	23 distribution of funds for operating purposes to that
2868	2868	24 Service Board by 10% of the cash proceeds of taxes
2869	2869	25 imposed by the Authority under Section 4.03 and
2870	2870	26 Section 4.03.1 and 10% of the amounts transferred to
2871	2871
2872	2872
2873	2873
2874	2874
2875	2875
2876	2876	SB1938 - 80 - LRB104 12003 RTM 22098 b
2877	2877
2878	2878
2879	2879	SB1938- 81 -LRB104 12003 RTM 22098 b SB1938 - 81 - LRB104 12003 RTM 22098 b
2880	2880	SB1938 - 81 - LRB104 12003 RTM 22098 b
2881	2881	1 the Authority from the Public Transportation Fund
2882	2882	2 under subsection (a) of Section 4.09. Such reduction
2883	2883	3 shall apply the first month following an affirmative
2884	2884	4 vote of the Directors. Such funding shall be released
2885	2885	5 to the Service Board only upon proof of cooperation by
2886	2886	6 the Service Boards, to be decided by the affirmative
2887	2887	7 vote of at least 14 of then Directors of the Authority.
2888	2888	8 (70 ILCS 3615/3.01) (from Ch. 111 2/3, par. 703.01)
2889	2889	9 Sec. 3.01. Board of Directors. The corporate authorities
2890	2890	10 and governing body of the Authority shall be a Board
2891	2891	11 consisting of 13 Directors until April 1, 2008, and 16
2892	2892	12 Directors until February 1, 2026, and 21 Directors thereafter,
2893	2893	13 appointed as follows:
2894	2894	14 (a) Before February 1, 2026, 4 Four Directors appointed by
2895	2895	15 the Mayor of the City of Chicago, with the advice and consent
2896	2896	16 of the City Council of the City of Chicago, and, only until
2897	2897	17 April 1, 2008, a fifth director who shall be the Chairman of
2898	2898	18 the Chicago Transit Authority. After April 1, 2008 and until
2899	2899	19 February 1, 2026, the Mayor of the City of Chicago, with the
2900	2900	20 advice and consent of the City Council of the City of Chicago,
2901	2901	21 shall appoint a fifth Director. After February 1, 2026, the
2902	2902	22 Mayor of the City of Chicago, with the advice and consent of
2903	2903	23 the City Council of the City of Chicago, shall appoint 5
2904	2904	24 Directors. The Directors appointed by the Mayor of the City of
2905	2905	25 Chicago shall not be the Chairman or a Director of the Chicago
2906	2906
2907	2907
2908	2908
2909	2909
2910	2910
2911	2911	SB1938 - 81 - LRB104 12003 RTM 22098 b
2912	2912
2913	2913
2914	2914	SB1938- 82 -LRB104 12003 RTM 22098 b SB1938 - 82 - LRB104 12003 RTM 22098 b
2915	2915	SB1938 - 82 - LRB104 12003 RTM 22098 b
2916	2916	1 Transit Authority. Each such Director shall reside in the City
2917	2917	2 of Chicago.
2918	2918	3 (b) Before February 1, 2026, 4 Four Directors appointed by
2919	2919	4 the votes of a majority of the members of the Cook County Board
2920	2920	5 elected from districts, a majority of the electors of which
2921	2921	6 reside outside Chicago. After April 1, 2008, a fifth Director
2922	2922	7 appointed by the President of the Cook County Board with the
2923	2923	8 advice and consent of the members of the Cook County Board.
2924	2924	9 After February 1, 2026, 5 Directors appointed by the President
2925	2925	10 of the Cook County Board with the advice and consent of the
2926	2926	11 members of the Cook County Board. At least 3 Directors Each
2927	2927	12 Director appointed under this subsection subparagraph shall
2928	2928	13 reside in that part of Cook County outside Chicago.
2929	2929	14 (c) Until April 1, 2008, 3 Directors appointed by the
2930	2930	15 Chairmen of the County Boards of DuPage, Kane, Lake, McHenry,
2931	2931	16 and Will Counties, as follows:
2932	2932	17 (i) Two Directors appointed by the Chairmen of the
2933	2933	18 county boards of Kane, Lake, McHenry and Will Counties,
2934	2934	19 with the concurrence of not less than a majority of the
2935	2935	20 Chairmen from such counties, from nominees by the
2936	2936	21 Chairmen. Each such Chairman may nominate not more than 2
2937	2937	22 persons for each position. Each such Director shall reside
2938	2938	23 in a county in the metropolitan region other than Cook or
2939	2939	24 DuPage Counties.
2940	2940	25 (ii) One Director appointed by the Chairman of the
2941	2941	26 DuPage County Board with the advice and consent of the
2942	2942
2943	2943
2944	2944
2945	2945
2946	2946
2947	2947	SB1938 - 82 - LRB104 12003 RTM 22098 b
2948	2948
2949	2949
2950	2950	SB1938- 83 -LRB104 12003 RTM 22098 b SB1938 - 83 - LRB104 12003 RTM 22098 b
2951	2951	SB1938 - 83 - LRB104 12003 RTM 22098 b
2952	2952	1 DuPage County Board. Such Director shall reside in DuPage
2953	2953	2 County.
2954	2954	3 (d) After April 1, 2008 and continuing after February 1,
2955	2955	4 2026, 5 Directors appointed by the Chairmen of the County
2956	2956	5 Boards of DuPage, Kane, Lake and McHenry Counties and the
2957	2957	6 County Executive of Will County, as follows:
2958	2958	7 (i) One Director appointed by the Chairman of the Kane
2959	2959	8 County Board with the advice and consent of the Kane
2960	2960	9 County Board. Such Director shall reside in Kane County.
2961	2961	10 (ii) One Director appointed by the County Executive of
2962	2962	11 Will County with the advice and consent of the Will County
2963	2963	12 Board. Such Director shall reside in Will County.
2964	2964	13 (iii) One Director appointed by the Chairman of the
2965	2965	14 DuPage County Board with the advice and consent of the
2966	2966	15 DuPage County Board. Such Director shall reside in DuPage
2967	2967	16 County.
2968	2968	17 (iv) One Director appointed by the Chairman of the
2969	2969	18 Lake County Board with the advice and consent of the Lake
2970	2970	19 County Board. Such Director shall reside in Lake County.
2971	2971	20 (v) One Director appointed by the Chairman of the
2972	2972	21 McHenry County Board with the advice and consent of the
2973	2973	22 McHenry County Board. Such Director shall reside in
2974	2974	23 McHenry County.
2975	2975	24 (vi) (Blank). To implement the changes in appointing
2976	2976	25 authority under this subparagraph (d) the three Directors
2977	2977	26 appointed under subparagraph (c) and residing in Lake
2978	2978
2979	2979
2980	2980
2981	2981
2982	2982
2983	2983	SB1938 - 83 - LRB104 12003 RTM 22098 b
2984	2984
2985	2985
2986	2986	SB1938- 84 -LRB104 12003 RTM 22098 b SB1938 - 84 - LRB104 12003 RTM 22098 b
2987	2987	SB1938 - 84 - LRB104 12003 RTM 22098 b
2988	2988	1 County, DuPage County, and Kane County respectively shall
2989	2989	2 each continue to serve as Director until the expiration of
2990	2990	3 their respective term of office and until his or her
2991	2991	4 successor is appointed and qualified or a vacancy occurs
2992	2992	5 in the office. Thereupon, the appointment shall be made by
2993	2993	6 the officials given appointing authority with respect to
2994	2994	7 the Director whose term has expired or office has become
2995	2995	8 vacant.
2996	2996	9 (e) Beginning February 1, 2026, 5 Directors appointed by
2997	2997	10 the Governor, with the advice and consent of the Senate. One
2998	2998	11 Director shall represent organized labor, one Director shall
2999	2999	12 represent the business community of the Chicago region, and
3000	3000	13 one Director shall represent a public transportation advocacy
3001	3001	14 organization. The Directors shall be appointed by February 1,
3002	3002	15 2026, and their terms shall begin at that time.
3003	3003	16 The Director representing organized labor shall reside
3004	3004	17 within the 6-county region of the Authority. The Director
3005	3005	18 shall be selected from a list of 3 persons recommended by the
3006	3006	19 president of a statewide labor organization representing labor
3007	3007	20 organizations recognized under the National Labor Relations
3008	3008	21 Act or the Railway Labor Act. If such a Director has not been
3009	3009	22 appointed within 60 days for the initial term, or appointed
3010	3010	23 within 60 days of the expiration of a term or a vacancy, then
3011	3011	24 the first person on the list provided to the Governor will
3012	3012	25 automatically assume such office.
3013	3013	26 (f) The Chairperson serving on the effective date of this
3014	3014
3015	3015
3016	3016
3017	3017
3018	3018
3019	3019	SB1938 - 84 - LRB104 12003 RTM 22098 b
3020	3020
3021	3021
3022	3022	SB1938- 85 -LRB104 12003 RTM 22098 b SB1938 - 85 - LRB104 12003 RTM 22098 b
3023	3023	SB1938 - 85 - LRB104 12003 RTM 22098 b
3024	3024	1 amendatory Act of the 104th General Assembly shall continue to
3025	3025	2 serve as Chairperson until February 1, 2026 or until a
3026	3026	3 successor is appointed and qualified or a vacancy occurs in
3027	3027	4 the office. As soon as possible after the Board of Directors
3028	3028	5 convenes following the appointments on February 1, 2026, as
3029	3029	6 outlined in subsection (g) of this Section, a new Chairman
3030	3030	7 shall be appointed. The Chairperson shall be appointed by the
3031	3031	8 other Directors, by the affirmative vote of at least 13 of the
3032	3032	9 then Directors with at least 2 affirmative votes from
3033	3033	10 Directors who reside in the City of Chicago, at least 2
3034	3034	11 affirmative votes from Directors who reside in Cook County
3035	3035	12 outside the City of Chicago, and at least 2 affirmative votes
3036	3036	13 from Directors who reside in DuPage County, Lake County, Will
3037	3037	14 County, Kane County, or McHenry County. The Chairperson shall
3038	3038	15 not be appointed from among the other Directors. The chairman
3039	3039	16 shall be a resident of the metropolitan region.
3040	3040	17 (g) A new Board of Directors shall be appointed as
3041	3041	18 directed under this Section to begin their terms of office on
3042	3042	19 February 1, 2026, and their appointments shall be made in time
3043	3043	20 to begin their terms on February 1, 2026. All Directors
3044	3044	21 serving on the effective date of this amendatory Act of the
3045	3045	22 104th General Assembly shall retain their offices until
3046	3046	23 February 1, 2026. In the event of the expiration of a term of
3047	3047	24 office or a vacancy occurs prior to February 1, 2026, a new
3048	3048	25 Director shall be appointed as directed in statute. A Director
3049	3049	26 serving in this position on January 31, 2026 may be
3050	3050
3051	3051
3052	3052
3053	3053
3054	3054
3055	3055	SB1938 - 85 - LRB104 12003 RTM 22098 b
3056	3056
3057	3057
3058	3058	SB1938- 86 -LRB104 12003 RTM 22098 b SB1938 - 86 - LRB104 12003 RTM 22098 b
3059	3059	SB1938 - 86 - LRB104 12003 RTM 22098 b
3060	3060	1 reappointed.
3061	3061	2 (1) Of the new Directors appointed under subsection
3062	3062	3 (a) of this Section on February 1, 2026, the Mayor of
3063	3063	4 Chicago shall appoint 2 Directors with 4-year terms and 3
3064	3064	5 Directors with 2-year terms. Subsequent terms of all
3065	3065	6 Directors shall be 4 years.
3066	3066	7 (2) Of the new Directors appointed under subsection
3067	3067	8 (b) of this Section on February 1, 2026, the President of
3068	3068	9 the Cook County Board shall appoint 3 Directors with
3069	3069	10 4-year terms and 2 Directors with 2-year terms. Subsequent
3070	3070	11 terms of all Directors shall be 4 years.
3071	3071	12 (3) Of the new Directors appointed under subsection
3072	3072	13 (d) of this Section on February 1, 2026, the Chairmen of
3073	3073	14 the County Boards of DuPage, Kane, and Lake Counties shall
3074	3074	15 appoint Directors with 2-year terms. Of the new Directors
3075	3075	16 appointed under subsection (d) of this Section on February
3076	3076	17 1, 2026, the Chairmen of the County Board of McHenry
3077	3077	18 County and the County Executive of Will County shall
3078	3078	19 appoint Directors with 4-year terms. Subsequent terms of
3079	3079	20 all Directors shall be 4 years.
3080	3080	21 (4) Of the new Directors appointed under subsection
3081	3081	22 (e) of this Section on February 1, 2026, the Governor
3082	3082	23 shall appoint 2 Directors with 4-year terms and one
3083	3083	24 Director with a 2-year term. Subsequent terms of all
3084	3084	25 Directors shall be 4 years.
3085	3085	26 (h) Directors shall have diverse and substantial relevant
3086	3086
3087	3087
3088	3088
3089	3089
3090	3090
3091	3091	SB1938 - 86 - LRB104 12003 RTM 22098 b
3092	3092
3093	3093
3094	3094	SB1938- 87 -LRB104 12003 RTM 22098 b SB1938 - 87 - LRB104 12003 RTM 22098 b
3095	3095	SB1938 - 87 - LRB104 12003 RTM 22098 b
3096	3096	1 experience and expertise in overseeing the planning,
3097	3097	2 operation, and funding of a public transportation system,
3098	3098	3 including, but not limited to, backgrounds in urban and
3099	3099	4 regional planning, management of large capital projects, labor
3100	3100	5 and workforce development, business management, public
3101	3101	6 administration, transportation, and transit and ridership
3102	3102	7 advocacy. The Chairman serving on the effective date of this
3103	3103	8 amendatory Act of the 95th General Assembly shall continue to
3104	3104	9 serve as Chairman until the expiration of his or her term of
3105	3105	10 office and until his or her successor is appointed and
3106	3106	11 qualified or a vacancy occurs in the office. Upon the
3107	3107	12 expiration or vacancy of the term of the Chairman then serving
3108	3108	13 upon the effective date of this amendatory Act of the 95th
3109	3109	14 General Assembly, the Chairman shall be appointed by the other
3110	3110	15 Directors, by the affirmative vote of at least 11 of the then
3111	3111	16 Directors with at least 2 affirmative votes from Directors who
3112	3112	17 reside in the City of Chicago, at least 2 affirmative votes
3113	3113	18 from Directors who reside in Cook County outside the City of
3114	3114	19 Chicago, and at least 2 affirmative votes from Directors who
3115	3115	20 reside in the Counties of DuPage, Lake, Will, Kane, or
3116	3116	21 McHenry. The chairman shall not be appointed from among the
3117	3117	22 other Directors. The chairman shall be a resident of the
3118	3118	23 metropolitan region.
3119	3119	24 (f) Except as otherwise provided by this Act no Director
3120	3120	25 shall, while serving as such, be an officer, a member of the
3121	3121	26 Board of Directors or Trustees or an employee of any Service
3122	3122
3123	3123
3124	3124
3125	3125
3126	3126
3127	3127	SB1938 - 87 - LRB104 12003 RTM 22098 b
3128	3128
3129	3129
3130	3130	SB1938- 88 -LRB104 12003 RTM 22098 b SB1938 - 88 - LRB104 12003 RTM 22098 b
3131	3131	SB1938 - 88 - LRB104 12003 RTM 22098 b
3132	3132	1 Board or transportation agency, or be an employee of the State
3133	3133	2 of Illinois or any department or agency thereof, or of any
3134	3134	3 municipality, county, or any other unit of local government or
3135	3135	4 receive any compensation from any elected or appointed office
3136	3136	5 under the Constitution and laws of Illinois; except that a
3137	3137	6 Director may be a member of a school board.
3138	3138	7 (i) (g) Each appointment made under this Section and under
3139	3139	8 Section 3.03 shall be certified by the appointing authority to
3140	3140	9 the Board, which shall maintain the certifications as part of
3141	3141	10 the official records of the Authority.
3142	3142	11 (h) (Blank).
3143	3143	12 (Source: P.A. 98-709, eff. 7-16-14.)
3144	3144	13 (70 ILCS 3615/3.03) (from Ch. 111 2/3, par. 703.03)
3145	3145	14 Sec. 3.03. Terms, vacancies. Prior to February 1, 2026,
3146	3146	15 each Each Director shall hold office for a term of 5 years, and
3147	3147	16 until his successor has been appointed and has qualified. A
3148	3148	17 vacancy shall occur upon resignation, death, conviction of a
3149	3149	18 felony, or removal from office of a Director. Any Director may
3150	3150	19 be removed from office (i) upon concurrence of not less than 11
3151	3151	20 Directors, on a formal finding of incompetence, neglect of
3152	3152	21 duty, or malfeasance in office or (ii) by the Governor in
3153	3153	22 response to a summary report received from the Executive
3154	3154	23 Inspector General in accordance with Section 20-50 of the
3155	3155	24 State Officials and Employees Ethics Act, provided he or she
3156	3156	25 has an opportunity to be publicly heard in person or by counsel
3157	3157
3158	3158
3159	3159
3160	3160
3161	3161
3162	3162	SB1938 - 88 - LRB104 12003 RTM 22098 b
3163	3163
3164	3164
3165	3165	SB1938- 89 -LRB104 12003 RTM 22098 b SB1938 - 89 - LRB104 12003 RTM 22098 b
3166	3166	SB1938 - 89 - LRB104 12003 RTM 22098 b
3167	3167	1 prior to removal. Within 30 days after the office of any member
3168	3168	2 becomes vacant for any reason, the appointing authorities of
3169	3169	3 such member shall make an appointment to fill the vacancy. A
3170	3170	4 vacancy shall be filled for the unexpired term.
3171	3171	5 Beginning February 1, 2026, each Director shall hold
3172	3172	6 office for a term of 4 years and until the Director's successor
3173	3173	7 has been appointed and has qualified. A vacancy shall occur
3174	3174	8 upon resignation, death, conviction of a felony, or removal
3175	3175	9 from office of a Director. Any Director may be removed from
3176	3176	10 office (i) upon concurrence of at least 14 of the current
3177	3177	11 Directors, on a formal finding of incompetence, neglect of
3178	3178	12 duty, or malfeasance in office or (ii) by the Governor in
3179	3179	13 response to a summary report received from the Executive
3180	3180	14 Inspector General in accordance with Section 20-50 of the
3181	3181	15 State Officials and Employees Ethics Act, provided the
3182	3182	16 Director has an opportunity to be publicly heard in person or
3183	3183	17 by counsel before removal. Within 30 days after the office of
3184	3184	18 any Director becomes vacant for any reason, the appointing
3185	3185	19 authorities of the Director shall make an appointment to fill
3186	3186	20 the vacancy. A vacancy shall be filled for the unexpired term.
3187	3187	21 Whenever a vacancy for a Director, except as to the
3188	3188	22 Chairman or those Directors appointed by the Mayor of the City
3189	3189	23 of Chicago, exists for longer than 4 months, the new Director
3190	3190	24 shall be chosen by election by all legislative members in the
3191	3191	25 General Assembly representing the affected area. In order to
3192	3192	26 qualify as a voting legislative member in this matter, the
3193	3193
3194	3194
3195	3195
3196	3196
3197	3197
3198	3198	SB1938 - 89 - LRB104 12003 RTM 22098 b
3199	3199
3200	3200
3201	3201	SB1938- 90 -LRB104 12003 RTM 22098 b SB1938 - 90 - LRB104 12003 RTM 22098 b
3202	3202	SB1938 - 90 - LRB104 12003 RTM 22098 b
3203	3203	1 affected area must be more than 50% of the geographic area of
3204	3204	2 the legislative district.
3205	3205	3 (Source: P.A. 95-708, eff. 1-18-08; 96-1528, eff. 7-1-11.)
3206	3206	4 (70 ILCS 3615/3.05) (from Ch. 111 2/3, par. 703.05)
3207	3207	5 Sec. 3.05. Meetings. The Board shall prescribe the times
3208	3208	6 and places for meetings and the manner in which special
3209	3209	7 meetings may be called. The Board shall comply in all respects
3210	3210	8 with the "Open Meetings Act", approved July 11, 1957, as now or
3211	3211	9 hereafter amended. All records, documents and papers of the
3212	3212	10 Authority, other than those relating to matters concerning
3213	3213	11 which closed sessions of the Board may be held, shall be
3214	3214	12 available for public examination, subject to such reasonable
3215	3215	13 regulations as the Board may adopt.
3216	3216	14 A majority of the Directors holding office shall
3217	3217	15 constitute a quorum for the conduct of business. Except as
3218	3218	16 otherwise provided in this Act, the affirmative votes of at
3219	3219	17 least 9 Directors, prior to February 1, 2026, and by the
3220	3220	18 affirmative vote of at least 11 Directors, beginning February
3221	3221	19 1, 2026, shall be necessary for approving any contract or
3222	3222	20 agreement, adopting any rule or regulation, and any other
3223	3223	21 action required by this Act to be taken by resolution or
3224	3224	22 ordinance.
3225	3225	23 The Board shall meet with the Regional Citizens Advisory
3226	3226	24 Board at least once every 4 months.
3227	3227	25 Open meetings of the Board shall be broadcast to the
3228	3228
3229	3229
3230	3230
3231	3231
3232	3232
3233	3233	SB1938 - 90 - LRB104 12003 RTM 22098 b
3234	3234
3235	3235
3236	3236	SB1938- 91 -LRB104 12003 RTM 22098 b SB1938 - 91 - LRB104 12003 RTM 22098 b
3237	3237	SB1938 - 91 - LRB104 12003 RTM 22098 b
3238	3238	1 public and maintained in real-time on the Board's website
3239	3239	2 using a high-speed Internet connection. Recordings of each
3240	3240	3 meeting broadcast shall be posted to the Board's website
3241	3241	4 within a reasonable time after the meeting and shall be
3242	3242	5 maintained as public records to the extent practicable, as
3243	3243	6 determined by the Board. Compliance with the provisions of
3244	3244	7 this amendatory Act of the 98th General Assembly does not
3245	3245	8 relieve the Board of its obligations under the Open Meetings
3246	3246	9 Act.
3247	3247	10 (Source: P.A. 98-1139, eff. 6-1-15.)
3248	3248	11 (70 ILCS 3615/3A.02) (from Ch. 111 2/3, par. 703A.02)
3249	3249	12 Sec. 3A.02. Suburban Bus Board. Beginning February 1,
3250	3250	13 2026, the The governing body of the Suburban Bus Division
3251	3251	14 shall be a board consisting of 12 13 directors appointed as
3252	3252	15 follows:
3253	3253	16 (a) Until February 1, 2026, 6 Six Directors appointed
3254	3254	17 by the members of the Cook County Board elected from that
3255	3255	18 part of Cook County outside of Chicago, or in the event
3256	3256	19 such Board of Commissioners becomes elected from single
3257	3257	20 member districts, by those Commissioners elected from
3258	3258	21 districts, a majority of the residents of which reside
3259	3259	22 outside of Chicago from the chief executive officers of
3260	3260	23 the municipalities, of that portion of Cook County outside
3261	3261	24 of Chicago. On and after February 1, 2026, a total of 6
3262	3262	25 Directors appointed by the President of the Cook County
3263	3263
3264	3264
3265	3265
3266	3266
3267	3267
3268	3268	SB1938 - 91 - LRB104 12003 RTM 22098 b
3269	3269
3270	3270
3271	3271	SB1938- 92 -LRB104 12003 RTM 22098 b SB1938 - 92 - LRB104 12003 RTM 22098 b
3272	3272	SB1938 - 92 - LRB104 12003 RTM 22098 b
3273	3273	1 Board of Commissioners with the advice and consent of the
3274	3274	2 members of the Cook County Board of Commissioners. The
3275	3275	3 members shall reside in the part of Cook County outside
3276	3276	4 the City of Chicago, except Provided however, that:
3277	3277	5 (1) One of the Directors shall be a representative
3278	3278	6 of organized labor. The Director shall reside within
3279	3279	7 the 6-county region of the Authority. The Director
3280	3280	8 shall be selected from a list of 3 persons recommended
3281	3281	9 by the president of a statewide labor organization
3282	3282	10 representing labor organizations recognized under the
3283	3283	11 National Labor Relations Act or the Railway Labor Act.
3284	3284	12 If the Director has not been appointed within 60 days
3285	3285	13 for the initial term, or appointed within 60 days of
3286	3286	14 the expiration of a term of office or a vacancy, the
3287	3287	15 first person on the list provided to the President of
3288	3288	16 Cook County shall automatically assume the office;
3289	3289	17 (2) One of the Directors shall be a representative
3290	3290	18 of a senior advocacy organization and shall reside
3291	3291	19 within Cook County;
3292	3292	20 (3) One of the Directors shall be a representative
3293	3293	21 of the disability rights community and shall reside in
3294	3294	22 the part of Cook County outside the City of Chicago;
3295	3295	23 and
3296	3296	24 (4) Three of the Directors shall be at-large
3297	3297	25 Directors and shall reside in the part of Cook County
3298	3298	26 outside of the City of Chicago;
3299	3299
3300	3300
3301	3301
3302	3302
3303	3303
3304	3304	SB1938 - 92 - LRB104 12003 RTM 22098 b
3305	3305
3306	3306
3307	3307	SB1938- 93 -LRB104 12003 RTM 22098 b SB1938 - 93 - LRB104 12003 RTM 22098 b
3308	3308	SB1938 - 93 - LRB104 12003 RTM 22098 b
3309	3309	1 (i) One of the Directors shall be the chief
3310	3310	2 executive officer of a municipality within the area of
3311	3311	3 the Northwest Region defined in Section 3A.13;
3312	3312	4 (ii) One of the Directors shall be the chief
3313	3313	5 executive officer of a municipality within the area of
3314	3314	6 the North Central Region defined in Section 3A.13;
3315	3315	7 (iii) One of the Directors shall be the chief
3316	3316	8 executive officer of a municipality within the area of
3317	3317	9 the North Shore Region defined in Section 3A.13;
3318	3318	10 (iv) One of the Directors shall be the chief
3319	3319	11 executive officer of a municipality within the area of
3320	3320	12 the Central Region defined in Section 3A.13;
3321	3321	13 (v) One of the Directors shall be the chief
3322	3322	14 executive officer of a municipality within the area of
3323	3323	15 the Southwest Region defined in Section 3A.13;
3324	3324	16 (vi) One of the Directors shall be the chief
3325	3325	17 executive officer of a municipality within the area of
3326	3326	18 the South Region defined in Section 3A.13;
3327	3327	19 (b) One Director by the Chairman of the Kane County
3328	3328	20 Board who shall be a chief executive officer of a
3329	3329	21 municipality within Kane County;
3330	3330	22 (c) One Director by the Chairman of the Lake County
3331	3331	23 Board who shall be a chief executive officer of a
3332	3332	24 municipality within Lake County;
3333	3333	25 (d) One Director by the Chairman of the DuPage County
3334	3334	26 Board who shall be a chief executive officer of a
3335	3335
3336	3336
3337	3337
3338	3338
3339	3339
3340	3340	SB1938 - 93 - LRB104 12003 RTM 22098 b
3341	3341
3342	3342
3343	3343	SB1938- 94 -LRB104 12003 RTM 22098 b SB1938 - 94 - LRB104 12003 RTM 22098 b
3344	3344	SB1938 - 94 - LRB104 12003 RTM 22098 b
3345	3345	1 municipality within DuPage County;
3346	3346	2 (e) One Director by the Chairman of the McHenry County
3347	3347	3 Board who shall be a chief executive officer of a
3348	3348	4 municipality within McHenry County;
3349	3349	5 (f) One Director by the Chairman of the Will County
3350	3350	6 Board who shall be a chief executive officer of a
3351	3351	7 municipality within Will County;
3352	3352	8 (g) The Commissioner of the Mayor's Office for People
3353	3353	9 with Disabilities, from the City of Chicago, who shall
3354	3354	10 serve as an ex-officio member; and
3355	3355	11 (h) The Chairperson serving on the effective date of
3356	3356	12 this amendatory Act of the 104th General Assembly shall
3357	3357	13 continue to serve as Chairperson until February 1, 2026 or
3358	3358	14 until a successor is appointed and qualified or until a
3359	3359	15 vacancy occurs in the office. As soon as possible after
3360	3360	16 the Suburban Bus Board convenes following the appointments
3361	3361	17 on February 1, 2026 as outlined in subsections (i) and (j)
3362	3362	18 of this Section, a new Chairperson shall be appointed. The
3363	3363	19 Chairperson shall be appointed from among the other
3364	3364	20 Directors by the affirmative vote of at least 8 of the then
3365	3365	21 Directors Chairman by the Governor for the initial term,
3366	3366	22 and thereafter by a majority of the Chairmen of the
3367	3367	23 DuPage, Kane, Lake, McHenry and Will County Boards and the
3368	3368	24 members of the Cook County Board elected from that part of
3369	3369	25 Cook County outside of Chicago, or in the event such Board
3370	3370	26 of Commissioners is elected from single member districts,
3371	3371
3372	3372
3373	3373
3374	3374
3375	3375
3376	3376	SB1938 - 94 - LRB104 12003 RTM 22098 b
3377	3377
3378	3378
3379	3379	SB1938- 95 -LRB104 12003 RTM 22098 b SB1938 - 95 - LRB104 12003 RTM 22098 b
3380	3380	SB1938 - 95 - LRB104 12003 RTM 22098 b
3381	3381	1 by those Commissioners elected from districts, a majority
3382	3382	2 of the electors of which reside outside of Chicago; and
3383	3383	3 who after the effective date of this amendatory Act of the
3384	3384	4 95th General Assembly may not be a resident of the City of
3385	3385	5 Chicago.
3386	3386	6 (i) To implement the changes in appointing authority under
3387	3387	7 subsection (a) of this Section all existing Directors serving
3388	3388	8 on the effective date of this amendatory Act of the 104th
3389	3389	9 General Assembly shall retain their offices until the
3390	3390	10 expiration or vacancy of their respective terms of office or
3391	3391	11 until February 1, 2026, whichever occurs first. In the event
3392	3392	12 of the expiration of the term of office or a vacancy of these
3393	3393	13 offices occurs before February 1, 2026, a new Director shall
3394	3394	14 be appointed as directed in statute. New Directors shall be
3395	3395	15 appointed in accordance with subsection (a) of this Section
3396	3396	16 will begin their terms of office on February 1, 2026 and the
3397	3397	17 appointment shall be made in due time to begin their terms at
3398	3398	18 this time. Of the Directors to be appointed on February 1,
3399	3399	19 2026, the President of the Cook County Board shall appoint 3
3400	3400	20 Directors with a 4-year term and 3 Directors with a 2-year
3401	3401	21 term. Subsequent terms of all Directors shall be 4-years. A
3402	3402	22 Director serving in this position on January 31, 2026 may be
3403	3403	23 reappointed if so chosen.
3404	3404	24 (j) All existing Directors appointed under subsections
3405	3405	25 (b), (c), (d), (e), and (f) of this Section serving on the
3406	3406	26 effective date of this amendatory Act of the 104th General
3407	3407
3408	3408
3409	3409
3410	3410
3411	3411
3412	3412	SB1938 - 95 - LRB104 12003 RTM 22098 b
3413	3413
3414	3414
3415	3415	SB1938- 96 -LRB104 12003 RTM 22098 b SB1938 - 96 - LRB104 12003 RTM 22098 b
3416	3416	SB1938 - 96 - LRB104 12003 RTM 22098 b
3417	3417	1 Assembly will retain their offices until the expiration or
3418	3418	2 vacancy of their respective term of office or until February
3419	3419	3 1, 2026, whichever occurs first. In the event of the
3420	3420	4 expiration of the term or a vacancy of these offices occurs
3421	3421	5 prior to February 1, 2026, a new Director shall be appointed as
3422	3422	6 directed in statute. New Directors shall be appointed in
3423	3423	7 accordance with subsections (b), (c), (d), (e), and (f) of
3424	3424	8 this Section to begin their terms on February 1, 2026 and the
3425	3425	9 appointment shall be made in time to begin their terms on
3426	3426	10 February 1, 2026. Of the new Directors appointed under
3427	3427	11 paragraphs (b), (c), (d), (e), and (f) of this Section on
3428	3428	12 February 1, 2026, the Chairmen of the County Boards of DuPage,
3429	3429	13 Kane, and Lake Counties will appoint Directors with 4-year
3430	3430	14 terms. Of the new Directors appointed under subsection (d) of
3431	3431	15 this Section on February 1, 2026, the Chairmen of the County
3432	3432	16 Board of McHenry County and the County Executive of Will
3433	3433	17 County will appoint Directors with 2-year terms. Subsequent
3434	3434	18 terms of all Directors will be 4 years. A Director serving in
3435	3435	19 this position on January 31, 2026 may be reappointed if so
3436	3436	20 chosen.
3437	3437	21 (k) Directors shall have diverse and substantial relevant
3438	3438	22 experience and expertise in overseeing the planning,
3439	3439	23 operation, and funding of a public transportation system,
3440	3440	24 including, but not limited to, backgrounds in urban and
3441	3441	25 regional planning, management of large capital projects, labor
3442	3442	26 and workforce development, business management, public
3443	3443
3444	3444
3445	3445
3446	3446
3447	3447
3448	3448	SB1938 - 96 - LRB104 12003 RTM 22098 b
3449	3449
3450	3450
3451	3451	SB1938- 97 -LRB104 12003 RTM 22098 b SB1938 - 97 - LRB104 12003 RTM 22098 b
3452	3452	SB1938 - 97 - LRB104 12003 RTM 22098 b
3453	3453	1 administration, transportation, and transit and ridership
3454	3454	2 advocacy.
3455	3455	3 (l) Each appointment made under subsections paragraphs (a)
3456	3456	4 through (g) and under Section 3A.03 shall be certified by the
3457	3457	5 appointing authority to the Suburban Bus Board which shall
3458	3458	6 maintain the certifications as part of the official records of
3459	3459	7 the Suburban Bus Board; provided that the initial appointments
3460	3460	8 shall be certified to the Secretary of State, who shall
3461	3461	9 transmit the certifications to the Suburban Bus Board
3462	3462	10 following its organization.
3463	3463	11 For the purposes of this Section, "chief executive officer
3464	3464	12 of a municipality" includes a former chief executive officer
3465	3465	13 of a municipality within the specified Region or County,
3466	3466	14 provided that the former officer continues to reside within
3467	3467	15 such Region or County.
3468	3468	16 (Source: P.A. 95-906, eff. 8-26-08.)
3469	3469	17 (70 ILCS 3615/3A.09) (from Ch. 111 2/3, par. 703A.09)
3470	3470	18 Sec. 3A.09. General powers. In addition to any powers
3471	3471	19 elsewhere provided to the Suburban Bus Board, it shall have
3472	3472	20 all of the powers specified in Section 2.20 of this Act except
3473	3473	21 for the powers specified in Section 2.20(a)(v). The Board
3474	3474	22 shall also have the power:
3475	3475	23 (a) to cooperate with the Regional Transportation
3476	3476	24 Authority in the exercise by the Regional Transportation
3477	3477	25 Authority of all the powers granted it by such Act;
3478	3478
3479	3479
3480	3480
3481	3481
3482	3482
3483	3483	SB1938 - 97 - LRB104 12003 RTM 22098 b
3484	3484
3485	3485
3486	3486	SB1938- 98 -LRB104 12003 RTM 22098 b SB1938 - 98 - LRB104 12003 RTM 22098 b
3487	3487	SB1938 - 98 - LRB104 12003 RTM 22098 b
3488	3488	1 (b) to receive funds from the Regional Transportation
3489	3489	2 Authority pursuant to Sections 2.02, 4.01, 4.02, 4.09 and
3490	3490	3 4.10 of the Regional Transportation Authority Act, all as
3491	3491	4 provided in the Regional Transportation Authority Act;
3492	3492	5 (c) to receive financial grants from the Regional
3493	3493	6 Transportation Authority or a Service Board, as defined in
3494	3494	7 the Regional Transportation Authority Act, upon such terms
3495	3495	8 and conditions as shall be set forth in a grant contract
3496	3496	9 between either the Division and the Regional
3497	3497	10 Transportation Authority or the Division and another
3498	3498	11 Service Board, which contract or agreement may be for such
3499	3499	12 number of years or duration as the parties agree, all as
3500	3500	13 provided in the Regional Transportation Authority Act;
3501	3501	14 (d) to perform all functions necessary for the
3502	3502	15 provision of paratransit services under Section 2.30 of
3503	3503	16 this Act;
3504	3504	17 (e) to borrow money for the purposes of: (i)
3505	3505	18 constructing a new garage in the northwestern Cook County
3506	3506	19 suburbs, (ii) converting the South Cook garage in Markham
3507	3507	20 to a Compressed Natural Gas facility, (iii) constructing a
3508	3508	21 new paratransit garage in DuPage County, (iv) expanding
3509	3509	22 the North Shore garage in Evanston to accommodate
3510	3510	23 additional indoor bus parking, and (v) purchasing new
3511	3511	24 transit buses. For the purpose of evidencing the
3512	3512	25 obligation of the Suburban Bus Board to repay any money
3513	3513	26 borrowed as provided in this subsection, the Suburban Bus
3514	3514
3515	3515
3516	3516
3517	3517
3518	3518
3519	3519	SB1938 - 98 - LRB104 12003 RTM 22098 b
3520	3520
3521	3521
3522	3522	SB1938- 99 -LRB104 12003 RTM 22098 b SB1938 - 99 - LRB104 12003 RTM 22098 b
3523	3523	SB1938 - 99 - LRB104 12003 RTM 22098 b
3524	3524	1 Board may issue revenue bonds from time to time pursuant
3525	3525	2 to ordinance adopted by the Suburban Bus Board, subject to
3526	3526	3 the approval of the Regional Transportation Authority of
3527	3527	4 each such issuance by the affirmative vote of 12 of its
3528	3528	5 then Directors, prior to February 1, 2026, and by the
3529	3529	6 affirmative vote of at least 14 members, beginning
3530	3530	7 February 1, 2026; provided that the Suburban Bus Board may
3531	3531	8 not issue bonds for the purpose of financing the
3532	3532	9 acquisition, construction, or improvement of any facility
3533	3533	10 other than those listed in this subsection (e). All such
3534	3534	11 bonds shall be payable solely from the revenues or income
3535	3535	12 or any other funds that the Suburban Bus Board may
3536	3536	13 receive, provided that the Suburban Bus Board may not
3537	3537	14 pledge as security for such bonds the moneys, if any, that
3538	3538	15 the Suburban Bus Board receives from the Regional
3539	3539	16 Transportation Authority pursuant to Section 4.03.3(f) of
3540	3540	17 the Regional Transportation Authority Act. The bonds shall
3541	3541	18 bear interest at a rate not to exceed the maximum rate
3542	3542	19 authorized by the Bond Authorization Act and shall mature
3543	3543	20 at such time or times not exceeding 25 years from their
3544	3544	21 respective dates. Bonds issued pursuant to this paragraph
3545	3545	22 must be issued with scheduled principal or mandatory
3546	3546	23 redemption payments in equal amounts in each fiscal year
3547	3547	24 over the term of the bonds, with the first principal or
3548	3548	25 mandatory redemption payment scheduled within the fiscal
3549	3549	26 year in which bonds are issued or within the next
3550	3550
3551	3551
3552	3552
3553	3553
3554	3554
3555	3555	SB1938 - 99 - LRB104 12003 RTM 22098 b
3556	3556
3557	3557
3558	3558	SB1938- 100 -LRB104 12003 RTM 22098 b SB1938 - 100 - LRB104 12003 RTM 22098 b
3559	3559	SB1938 - 100 - LRB104 12003 RTM 22098 b
3560	3560	1 succeeding fiscal year. At least 25%, based on total
3561	3561	2 principal amount, of all bonds authorized pursuant to this
3562	3562	3 Section shall be sold pursuant to notice of sale and
3563	3563	4 public bid. No more than 75%, based on total principal
3564	3564	5 amount, of all bonds authorized pursuant to this Section
3565	3565	6 shall be sold by negotiated sale. The maximum principal
3566	3566	7 amount of the bonds that may be issued may not exceed
3567	3567	8 $100,000,000. The bonds shall have all the qualities of
3568	3568	9 negotiable instruments under the laws of this State. To
3569	3569	10 secure the payment of any or all of such bonds and for the
3570	3570	11 purpose of setting forth the covenants and undertakings of
3571	3571	12 the Suburban Bus Board in connection with the issuance
3572	3572	13 thereof and the issuance of any additional bonds payable
3573	3573	14 from such revenue or income as well as the use and
3574	3574	15 application of the revenue or income received by the
3575	3575	16 Suburban Bus Board, the Suburban Bus Board may execute and
3576	3576	17 deliver a trust agreement or agreements; provided that no
3577	3577	18 lien upon any physical property of the Suburban Bus Board
3578	3578	19 shall be created thereby. A remedy for any breach or
3579	3579	20 default of the terms of any such trust agreement by the
3580	3580	21 Suburban Bus Board may be by mandamus proceedings in any
3581	3581	22 court of competent jurisdiction to compel performance and
3582	3582	23 compliance therewith, but the trust agreement may
3583	3583	24 prescribe by whom or on whose behalf such action may be
3584	3584	25 instituted. Under no circumstances shall any bonds issued
3585	3585	26 by the Suburban Bus Board or any other obligation of the
3586	3586
3587	3587
3588	3588
3589	3589
3590	3590
3591	3591	SB1938 - 100 - LRB104 12003 RTM 22098 b
3592	3592
3593	3593
3594	3594	SB1938- 101 -LRB104 12003 RTM 22098 b SB1938 - 101 - LRB104 12003 RTM 22098 b
3595	3595	SB1938 - 101 - LRB104 12003 RTM 22098 b
3596	3596	1 Suburban Bus Board in connection with the issuance of such
3597	3597	2 bonds be or become an indebtedness or obligation of the
3598	3598	3 State of Illinois, the Regional Transportation Authority,
3599	3599	4 or any other political subdivision of or municipality
3600	3600	5 within the State, nor shall any such bonds or obligations
3601	3601	6 be or become an indebtedness of the Suburban Bus Board
3602	3602	7 within the purview of any constitutional limitation or
3603	3603	8 provision, and it shall be plainly stated on the face of
3604	3604	9 each bond that it does not constitute such an indebtedness
3605	3605	10 or obligation but is payable solely from the revenues or
3606	3606	11 income as aforesaid; and
3607	3607	12 (f) to adopt ordinances and make all rules and
3608	3608	13 regulations proper or necessary to regulate the use,
3609	3609	14 operation, and maintenance of its property and facilities
3610	3610	15 and to carry into effect the powers granted to the
3611	3611	16 Suburban Bus Board, with any necessary fines or penalties,
3612	3612	17 such as the suspension of riding privileges or
3613	3613	18 confiscation of fare media under Section 2.40, as the
3614	3614	19 Board deems proper.
3615	3615	20 (Source: P.A. 103-281, eff. 1-1-24.)
3616	3616	21 (70 ILCS 3615/3A.10) (from Ch. 111 2/3, par. 703A.10)
3617	3617	22 Sec. 3A.10. Budget and Program. The Suburban Bus Board,
3618	3618	23 subject to the powers of the Authority in Section 4.11, shall
3619	3619	24 control the finances of the Division. It shall by ordinance
3620	3620	25 appropriate money to perform the Division's purposes and
3621	3621
3622	3622
3623	3623
3624	3624
3625	3625
3626	3626	SB1938 - 101 - LRB104 12003 RTM 22098 b
3627	3627
3628	3628
3629	3629	SB1938- 102 -LRB104 12003 RTM 22098 b SB1938 - 102 - LRB104 12003 RTM 22098 b
3630	3630	SB1938 - 102 - LRB104 12003 RTM 22098 b
3631	3631	1 provide for payment of debts and expenses of the Division.
3632	3632	2 Each year the Suburban Bus Board shall prepare and publish a
3633	3633	3 comprehensive annual budget and proposed five-year capital
3634	3634	4 program document, and a financial plan for the 2 years
3635	3635	5 thereafter describing the state of the Division and presenting
3636	3636	6 for the forthcoming fiscal year and the 2 following years the
3637	3637	7 Suburban Bus Board's plans for such operations and capital
3638	3638	8 expenditures as it intends to undertake and the means by which
3639	3639	9 it intends to finance them. The proposed budget, financial
3640	3640	10 plan, and five-year capital program shall be based on the
3641	3641	11 Authority's estimate of funds to be made available to the
3642	3642	12 Suburban Bus Board by or through the Authority and shall
3643	3643	13 conform in all respects to the requirements established by the
3644	3644	14 Authority. The proposed budget, financial plan, and five-year
3645	3645	15 capital program shall contain a statement of the funds
3646	3646	16 estimated to be on hand at the beginning of the fiscal year,
3647	3647	17 the funds estimated to be received from all sources for such
3648	3648	18 year and the funds estimated to be on hand at the end of such
3649	3649	19 year. The fiscal year of the Division shall be the same as the
3650	3650	20 fiscal year of the Authority. Before the proposed budget,
3651	3651	21 financial plan, and five-year capital program are submitted to
3652	3652	22 the Authority, the Suburban Bus Board shall hold at least one
3653	3653	23 public hearing thereon in each of the counties in the
3654	3654	24 metropolitan region in which the Division provides service.
3655	3655	25 The Suburban Bus Board shall hold at least one meeting for
3656	3656	26 consideration of the proposed budget, financial plan, and
3657	3657
3658	3658
3659	3659
3660	3660
3661	3661
3662	3662	SB1938 - 102 - LRB104 12003 RTM 22098 b
3663	3663
3664	3664
3665	3665	SB1938- 103 -LRB104 12003 RTM 22098 b SB1938 - 103 - LRB104 12003 RTM 22098 b
3666	3666	SB1938 - 103 - LRB104 12003 RTM 22098 b
3667	3667	1 five-year capital program with the county board of each of the
3668	3668	2 several counties in the metropolitan region in which the
3669	3669	3 Division provides service. Prior to the capital program being
3670	3670	4 submitted to the Authority, the Suburban Bus Board shall hold
3671	3671	5 at least one meeting for consideration of the proposed 5-year
3672	3672	6 capital program with representatives of labor organizations
3673	3673	7 that have a collective bargaining agreement with the Suburban
3674	3674	8 Bus Board. After conducting such hearings and holding such
3675	3675	9 meetings and after making such changes in the proposed budget,
3676	3676	10 financial plan, and five-year capital program as the Suburban
3677	3677	11 Bus Board deems appropriate, it shall adopt an annual budget
3678	3678	12 ordinance at least by November 15 next preceding the beginning
3679	3679	13 of each fiscal year. The budget, financial plan, and five-year
3680	3680	14 capital program shall then be submitted to the Authority as
3681	3681	15 provided in Section 4.11. In the event that the Board of the
3682	3682	16 Authority determines that the budget and financial plan do not
3683	3683	17 meet the standards of Section 4.11, the Suburban Bus Board
3684	3684	18 shall make such changes as are necessary to meet such
3685	3685	19 requirements and adopt an amended budget ordinance. The
3686	3686	20 amended budget ordinance shall be resubmitted to the Authority
3687	3687	21 pursuant to Section 4.11. The ordinance shall appropriate such
3688	3688	22 sums of money as are deemed necessary to defray all necessary
3689	3689	23 expenses and obligations of the Division, specifying purposes
3690	3690	24 and the objects or programs for which appropriations are made
3691	3691	25 and the amount appropriated for each object or program.
3692	3692	26 Additional appropriations, transfers between items and other
3693	3693
3694	3694
3695	3695
3696	3696
3697	3697
3698	3698	SB1938 - 103 - LRB104 12003 RTM 22098 b
3699	3699
3700	3700
3701	3701	SB1938- 104 -LRB104 12003 RTM 22098 b SB1938 - 104 - LRB104 12003 RTM 22098 b
3702	3702	SB1938 - 104 - LRB104 12003 RTM 22098 b
3703	3703	1 changes in such ordinance which do not alter the basis upon
3704	3704	2 which the balanced budget determination was made by the Board
3705	3705	3 of the Authority may be made from time to time by the Suburban
3706	3706	4 Bus Board.
3707	3707	5 The budget shall:
3708	3708	6 (i) show a balance between (A) anticipated revenues
3709	3709	7 from all sources including operating subsidies and (B) the
3710	3710	8 costs of providing the services specified and of funding
3711	3711	9 any operating deficits or encumbrances incurred in prior
3712	3712	10 periods, including provision for payment when due of
3713	3713	11 principal and interest on outstanding indebtedness;
3714	3714	12 (ii) show cash balances including the proceeds of any
3715	3715	13 anticipated cash flow borrowing sufficient to pay with
3716	3716	14 reasonable promptness all costs and expenses as incurred;
3717	3717	15 (iii) provide for a level of fares or charges and
3718	3718	16 operating or administrative costs for the public
3719	3719	17 transportation provided by or subject to the jurisdiction
3720	3720	18 of the Suburban Bus Board sufficient to allow the Suburban
3721	3721	19 Bus Board to meet its required system generated revenues
3722	3722	20 recovery ratio and, beginning with the 2007 fiscal year,
3723	3723	21 its system generated ADA paratransit services revenue
3724	3724	22 recovery ratio;
3725	3725	23 (iv) be based upon and employ assumptions and
3726	3726	24 projections which are reasonable and prudent;
3727	3727	25 (v) have been prepared in accordance with sound
3728	3728	26 financial practices as determined by the Board of the
3729	3729
3730	3730
3731	3731
3732	3732
3733	3733
3734	3734	SB1938 - 104 - LRB104 12003 RTM 22098 b
3735	3735
3736	3736
3737	3737	SB1938- 105 -LRB104 12003 RTM 22098 b SB1938 - 105 - LRB104 12003 RTM 22098 b
3738	3738	SB1938 - 105 - LRB104 12003 RTM 22098 b
3739	3739	1 Authority;
3740	3740	2 (vi) meet such other uniform financial, budgetary, or
3741	3741	3 fiscal requirements that the Board of the Authority may by
3742	3742	4 rule or regulation establish; and
3743	3743	5 (vii) be consistent with the goals and objectives
3744	3744	6 adopted by the Regional Transportation Authority in the
3745	3745	7 Strategic Plan.
3746	3746	8 (Source: P.A. 94-370, eff. 7-29-05; 95-708, eff. 1-18-08.)
3747	3747	9 (70 ILCS 3615/3A.14) (from Ch. 111 2/3, par. 703A.14)
3748	3748	10 Sec. 3A.14. Labor.
3749	3749	11 (a) The provisions of this Section apply to collective
3750	3750	12 bargaining agreements (including extensions and amendments of
3751	3751	13 existing agreements) entered into on or after January 1, 1984.
3752	3752	14 (b) The Suburban Bus Board shall deal with and enter into
3753	3753	15 written contracts with their employees, through accredited
3754	3754	16 representatives of such employees authorized to act for such
3755	3755	17 employees concerning wages, salaries, hours, working
3756	3756	18 conditions, and pension or retirement provisions about which a
3757	3757	19 collective bargaining agreement has been entered prior to the
3758	3758	20 effective date of this amendatory Act of 1983. Any such
3759	3759	21 agreement of the Suburban Bus Board shall provide that the
3760	3760	22 agreement may be reopened if the amended budget submitted
3761	3761	23 pursuant to Section 2.18a of this Act is not approved by the
3762	3762	24 Board of the Authority. The agreement may not include a
3763	3763	25 provision requiring the payment of wage increases based on
3764	3764
3765	3765
3766	3766
3767	3767
3768	3768
3769	3769	SB1938 - 105 - LRB104 12003 RTM 22098 b
3770	3770
3771	3771
3772	3772	SB1938- 106 -LRB104 12003 RTM 22098 b SB1938 - 106 - LRB104 12003 RTM 22098 b
3773	3773	SB1938 - 106 - LRB104 12003 RTM 22098 b
3774	3774	1 changes in the Consumer Price Index. The Suburban Bus Board
3775	3775	2 shall not have the authority to enter collective bargaining
3776	3776	3 agreements with respect to inherent management rights, which
3777	3777	4 include such areas of discretion or policy as the functions of
3778	3778	5 the employer, standards of services, its overall budget, the
3779	3779	6 organizational structure and selection of new employees and
3780	3780	7 direction of personnel. Employers, however, shall be required
3781	3781	8 to bargain collectively with regard to policy matters directly
3782	3782	9 affecting wages, hours and terms and conditions of employment,
3783	3783	10 as well as the impact thereon, upon request by employee
3784	3784	11 representatives. To preserve the rights of employers and
3785	3785	12 exclusive representatives which have established collective
3786	3786	13 bargaining relationships or negotiated collective bargaining
3787	3787	14 agreements prior to the effective date of this amendatory Act
3788	3788	15 of 1983, employers shall be required to bargain collectively
3789	3789	16 with regard to any matter concerning wages, hours or
3790	3790	17 conditions of employment about which they have bargained prior
3791	3791	18 to the effective date of this amendatory Act of 1983.
3792	3792	19 (c) The collective bargaining agreement may not include a
3793	3793	20 prohibition on the use of part-time operators on any service
3794	3794	21 operated by the Suburban Bus Board except where prohibited by
3795	3795	22 federal law.
3796	3796	23 (d) Within 30 days of the signing of any such collective
3797	3797	24 bargaining agreement, the Suburban Bus Board shall determine
3798	3798	25 the costs of each provision of the agreement, prepare an
3799	3799	26 amended budget incorporating the costs of the agreement, and
3800	3800
3801	3801
3802	3802
3803	3803
3804	3804
3805	3805	SB1938 - 106 - LRB104 12003 RTM 22098 b
3806	3806
3807	3807
3808	3808	SB1938- 107 -LRB104 12003 RTM 22098 b SB1938 - 107 - LRB104 12003 RTM 22098 b
3809	3809	SB1938 - 107 - LRB104 12003 RTM 22098 b
3810	3810	1 present the amended budget to the Board of the Authority for
3811	3811	2 its approval under Section 4.11. The Board may approve the
3812	3812	3 amended budget by an affirmative vote of 12 of its then
3813	3813	4 Directors, prior to February 1, 2026, and by the affirmative
3814	3814	5 vote of at least 14 members, beginning February 1, 2026. If the
3815	3815	6 budget is not approved by the Board of the Authority, the
3816	3816	7 agreement may be reopened and its terms may be renegotiated.
3817	3817	8 Any amended budget which may be prepared following
3818	3818	9 renegotiation shall be presented to the Board of the Authority
3819	3819	10 for its approval in like manner.
3820	3820	11 (Source: P.A. 95-708, eff. 1-18-08.)
3821	3821	12 (70 ILCS 3615/3B.02) (from Ch. 111 2/3, par. 703B.02)
3822	3822	13 Sec. 3B.02. Commuter Rail Board.
3823	3823	14 (a) Until April 1, 2008, the governing body of the
3824	3824	15 Commuter Rail Division shall be a board consisting of 7
3825	3825	16 directors appointed pursuant to Sections 3B.03 and 3B.04, as
3826	3826	17 follows:
3827	3827	18 (1) One director shall be appointed by the Chairman of
3828	3828	19 the Board of DuPage County with the advice and consent of
3829	3829	20 the County Board of DuPage County and shall reside in
3830	3830	21 DuPage County.
3831	3831	22 (2) Two directors appointed by the Chairmen of the
3832	3832	23 County Boards of Kane, Lake, McHenry and Will Counties
3833	3833	24 with the concurrence of not less than a majority of the
3834	3834	25 chairmen from such counties, from nominees by the
3835	3835
3836	3836
3837	3837
3838	3838
3839	3839
3840	3840	SB1938 - 107 - LRB104 12003 RTM 22098 b
3841	3841
3842	3842
3843	3843	SB1938- 108 -LRB104 12003 RTM 22098 b SB1938 - 108 - LRB104 12003 RTM 22098 b
3844	3844	SB1938 - 108 - LRB104 12003 RTM 22098 b
3845	3845	1 Chairmen. Each such chairman may nominate not more than
3846	3846	2 two persons for each position. Each such director shall
3847	3847	3 reside in a county in the metropolitan region other than
3848	3848	4 Cook or DuPage County.
3849	3849	5 (3) Three directors appointed by the members of the
3850	3850	6 Cook County Board elected from that part of Cook County
3851	3851	7 outside of Chicago, or, in the event such Board of
3852	3852	8 Commissioners becomes elected from single member
3853	3853	9 districts, by those Commissioners elected from districts,
3854	3854	10 a majority of the residents of which reside outside
3855	3855	11 Chicago. In either case, such appointment shall be with
3856	3856	12 the concurrence of four such Commissioners. Each such
3857	3857	13 director shall reside in that part of Cook County outside
3858	3858	14 Chicago.
3859	3859	15 (4) One director appointed by the Mayor of the City of
3860	3860	16 Chicago, with the advice and consent of the City Council
3861	3861	17 of the City of Chicago. Such director shall reside in the
3862	3862	18 City of Chicago.
3863	3863	19 (5) The chairman shall be appointed by the directors,
3864	3864	20 from the members of the board, with the concurrence of 5 of
3865	3865	21 such directors.
3866	3866	22 (b) After April 1, 2008 and before February 1, 2026, the
3867	3867	23 governing body of the Commuter Rail Division shall be a board
3868	3868	24 consisting of 11 directors appointed, pursuant to Sections
3869	3869	25 3B.03 and 3B.04, as follows:
3870	3870	26 (1) One Director shall be appointed by the Chairman of
3871	3871
3872	3872
3873	3873
3874	3874
3875	3875
3876	3876	SB1938 - 108 - LRB104 12003 RTM 22098 b
3877	3877
3878	3878
3879	3879	SB1938- 109 -LRB104 12003 RTM 22098 b SB1938 - 109 - LRB104 12003 RTM 22098 b
3880	3880	SB1938 - 109 - LRB104 12003 RTM 22098 b
3881	3881	1 the DuPage County Board with the advice and consent of the
3882	3882	2 DuPage County Board and shall reside in DuPage County. To
3883	3883	3 implement the changes in appointing authority under this
3884	3884	4 Section, upon the expiration of the term of or vacancy in
3885	3885	5 office of the Director appointed under item (1) of
3886	3886	6 subsection (a) of this Section who resides in DuPage
3887	3887	7 County, a Director shall be appointed under this
3888	3888	8 subparagraph.
3889	3889	9 (2) One Director shall be appointed by the Chairman of
3890	3890	10 the McHenry County Board with the advice and consent of
3891	3891	11 the McHenry County Board and shall reside in McHenry
3892	3892	12 County. To implement the change in appointing authority
3893	3893	13 under this Section, upon the expiration of the term of or
3894	3894	14 vacancy in office of the Director appointed under item (2)
3895	3895	15 of subsection (a) of this Section who resides in McHenry
3896	3896	16 County, a Director shall be appointed under this
3897	3897	17 subparagraph.
3898	3898	18 (3) One Director shall be appointed by the Will County
3899	3899	19 Executive with the advice and consent of the Will County
3900	3900	20 Board and shall reside in Will County. To implement the
3901	3901	21 change in appointing authority under this Section, upon
3902	3902	22 the expiration of the term of or vacancy in office of the
3903	3903	23 Director appointed under item (2) of subsection (a) of
3904	3904	24 this Section who resides in Will County, a Director shall
3905	3905	25 be appointed under this subparagraph.
3906	3906	26 (4) One Director shall be appointed by the Chairman of
3907	3907
3908	3908
3909	3909
3910	3910
3911	3911
3912	3912	SB1938 - 109 - LRB104 12003 RTM 22098 b
3913	3913
3914	3914
3915	3915	SB1938- 110 -LRB104 12003 RTM 22098 b SB1938 - 110 - LRB104 12003 RTM 22098 b
3916	3916	SB1938 - 110 - LRB104 12003 RTM 22098 b
3917	3917	1 the Lake County Board with the advice and consent of the
3918	3918	2 Lake County Board and shall reside in Lake County.
3919	3919	3 (5) One Director shall be appointed by the Chairman of
3920	3920	4 the Kane County Board with the advice and consent of the
3921	3921	5 Kane County Board and shall reside in Kane County.
3922	3922	6 (6) One Director shall be appointed by the Mayor of
3923	3923	7 the City of Chicago with the advice and consent of the City
3924	3924	8 Council of the City of Chicago and shall reside in the City
3925	3925	9 of Chicago. To implement the changes in appointing
3926	3926	10 authority under this Section, upon the expiration of the
3927	3927	11 term of or vacancy in office of the Director appointed
3928	3928	12 under item (4) of subsection (a) of this Section who
3929	3929	13 resides in the City of Chicago, a Director shall be
3930	3930	14 appointed under this subparagraph.
3931	3931	15 (7) Five Directors residing in Cook County outside of
3932	3932	16 the City of Chicago, as follows:
3933	3933	17 (i) One Director who resides in Cook County
3934	3934	18 outside of the City of Chicago, appointed by the
3935	3935	19 President of the Cook County Board with the advice and
3936	3936	20 consent of the members of the Cook County Board.
3937	3937	21 (ii) One Director who resides in the township of
3938	3938	22 Barrington, Palatine, Wheeling, Hanover, Schaumburg,
3939	3939	23 or Elk Grove. To implement the changes in appointing
3940	3940	24 authority under this Section, upon the expiration of
3941	3941	25 the term of or vacancy in office of the Director
3942	3942	26 appointed under paragraph (3) of subsection (a) of
3943	3943
3944	3944
3945	3945
3946	3946
3947	3947
3948	3948	SB1938 - 110 - LRB104 12003 RTM 22098 b
3949	3949
3950	3950
3951	3951	SB1938- 111 -LRB104 12003 RTM 22098 b SB1938 - 111 - LRB104 12003 RTM 22098 b
3952	3952	SB1938 - 111 - LRB104 12003 RTM 22098 b
3953	3953	1 this Section who resides in the geographic area
3954	3954	2 described in this subparagraph, a Director shall be
3955	3955	3 appointed under this subparagraph.
3956	3956	4 (iii) One Director who resides in the township of
3957	3957	5 Northfield, New Trier, Maine, Niles, Evanston, Leyden,
3958	3958	6 Norwood Park, River Forest, or Oak Park.
3959	3959	7 (iv) One Director who resides in the township of
3960	3960	8 Proviso, Riverside, Berwyn, Cicero, Lyons, Stickney,
3961	3961	9 Lemont, Palos, or Orland. To implement the changes in
3962	3962	10 appointing authority under this Section, upon the
3963	3963	11 expiration of the term of or vacancy in office of the
3964	3964	12 Director appointed under paragraph (3) of subsection
3965	3965	13 (a) of this Section who resides in the geographic area
3966	3966	14 described in this subparagraph and whose term of
3967	3967	15 office had not expired as of August 1, 2007, a Director
3968	3968	16 shall be appointed under this subparagraph.
3969	3969	17 (v) One Director who resides in the township of
3970	3970	18 Worth, Calumet, Bremen, Thornton, Rich, or Bloom. To
3971	3971	19 implement the changes in appointing authority under
3972	3972	20 this Section, upon the expiration of the term of or
3973	3973	21 vacancy in office of the Director appointed under
3974	3974	22 paragraph (3) of subsection (a) of this Section who
3975	3975	23 resides in the geographic area described in this
3976	3976	24 subparagraph and whose term of office had expired as
3977	3977	25 of August 1, 2007, a Director shall be appointed under
3978	3978	26 this subparagraph.
3979	3979
3980	3980
3981	3981
3982	3982
3983	3983
3984	3984	SB1938 - 111 - LRB104 12003 RTM 22098 b
3985	3985
3986	3986
3987	3987	SB1938- 112 -LRB104 12003 RTM 22098 b SB1938 - 112 - LRB104 12003 RTM 22098 b
3988	3988	SB1938 - 112 - LRB104 12003 RTM 22098 b
3989	3989	1 (vi) The Directors identified under the provisions
3990	3990	2 of subparagraphs (ii) through (v) of this paragraph
3991	3991	3 (7) shall be appointed by the members of the Cook
3992	3992	4 County Board. Each individual Director shall be
3993	3993	5 appointed by those members of the Cook County Board
3994	3994	6 whose Board districts overlap in whole or in part with
3995	3995	7 the geographic territory described in the relevant
3996	3996	8 subparagraph. The vote of County Board members
3997	3997	9 eligible to appoint directors under the provisions of
3998	3998	10 subparagraphs (ii) through (v) of this paragraph (7)
3999	3999	11 shall be weighted by the number of electors residing
4000	4000	12 in those portions of their Board districts within the
4001	4001	13 geographic territory described in the relevant
4002	4002	14 subparagraph (ii) through (v) of this paragraph (7).
4003	4003	15 (8) The Chairman shall be appointed by the Directors,
4004	4004	16 from the members of the Board, with the concurrence of 8 of
4005	4005	17 such Directors. To implement the changes in appointing
4006	4006	18 authority under this Section, upon the expiration of the
4007	4007	19 term of or vacancy in office of the Chairman appointed
4008	4008	20 under item (5) of subsection (a) of this Section, a
4009	4009	21 Chairman shall be appointed under this subparagraph.
4010	4010	22 (c) On and after February 1, 2026 the governing body of the
4011	4011	23 Commuter Rail Division shall be a board consisting of 11
4012	4012	24 Directors appointed under Sections 3B.03 and 3B.04 as follows:
4013	4013	25 (1) One Director shall be appointed by the Mayor of
4014	4014	26 the City of Chicago with the advice and consent of the City
4015	4015
4016	4016
4017	4017
4018	4018
4019	4019
4020	4020	SB1938 - 112 - LRB104 12003 RTM 22098 b
4021	4021
4022	4022
4023	4023	SB1938- 113 -LRB104 12003 RTM 22098 b SB1938 - 113 - LRB104 12003 RTM 22098 b
4024	4024	SB1938 - 113 - LRB104 12003 RTM 22098 b
4025	4025	1 Council of the City of Chicago for an initial term of 4
4026	4026	2 years. Subsequent terms shall be 4 years. The Director
4027	4027	3 appointed under this paragraph (1) shall reside within the
4028	4028	4 City of Chicago.
4029	4029	5 (2) Five Directors shall be appointed by the President
4030	4030	6 of the Cook County Board of Commissioners with the advice
4031	4031	7 and consent of the members of the Cook County Board of
4032	4032	8 Commissioners. Of these 5 Directors, 3 shall have an
4033	4033	9 initial term of 2 years, and 2 shall have an initial term
4034	4034	10 of 4 years. Subsequent terms of all members shall be 4
4035	4035	11 years. The Directors appointed under this paragraph (2)
4036	4036	12 shall reside in the part of Cook County outside the City of
4037	4037	13 Chicago.
4038	4038	14 (3) One of the Directors appointed by the President of
4039	4039	15 the Cook County Board of Commissioners shall be a
4040	4040	16 representative of organized labor. The Director appointed
4041	4041	17 under this paragraph (3) shall reside within the 6-county
4042	4042	18 region of the Authority and shall be selected from a list
4043	4043	19 of 3 persons recommended by the president of a statewide
4044	4044	20 labor organization representing labor organizations
4045	4045	21 recognized under the National Labor Relations Act or the
4046	4046	22 Railway Labor Act. If the Director has not been appointed
4047	4047	23 within 60 days for the initial term, or appointed within
4048	4048	24 60 days of the expiration of a term or a vacancy, the first
4049	4049	25 person on the list provided to the President of the Cook
4050	4050	26 County Board shall automatically assume the office.
4051	4051
4052	4052
4053	4053
4054	4054
4055	4055
4056	4056	SB1938 - 113 - LRB104 12003 RTM 22098 b
4057	4057
4058	4058
4059	4059	SB1938- 114 -LRB104 12003 RTM 22098 b SB1938 - 114 - LRB104 12003 RTM 22098 b
4060	4060	SB1938 - 114 - LRB104 12003 RTM 22098 b
4061	4061	1 (4) Five Director's appointed by the Chairmen of the
4062	4062	2 County Boards of DuPage, Kane, Lake, and McHenry counties
4063	4063	3 and the County Executive of Will County as follows:
4064	4064	4 (A) One Director appointed by the Chairman of the
4065	4065	5 DuPage County Board with the advice and consent of the
4066	4066	6 DuPage County Board for an initial term of 4 years.
4067	4067	7 Subsequent terms of the Director shall be 4 years to
4068	4068	8 begin February 1, 2026. The appointment shall be made
4069	4069	9 in time to begin the Director's term at this time. The
4070	4070	10 Director appointed under this subparagraph (A) shall
4071	4071	11 reside in DuPage County.
4072	4072	12 (B) One Director appointed by the Chairman of the
4073	4073	13 Kane County Board with the advice and consent of the
4074	4074	14 Kane County Board for an initial term to begin
4075	4075	15 February 1, 2026. Subsequent terms of the Director
4076	4076	16 shall be 4 years. The appointment shall be made in time
4077	4077	17 to begin the Director's term on February 1, 2026. The
4078	4078	18 Director appointed under this subparagraph (B) shall
4079	4079	19 reside in Kane County.
4080	4080	20 (C) One Director appointed by the Chairman of the
4081	4081	21 Lake County Board with the advice and consent of the
4082	4082	22 Lake County Board for an initial term of 4 years to
4083	4083	23 begin February 1, 2026. Subsequent terms of the
4084	4084	24 Director shall be 4 years. The appointment shall be
4085	4085	25 made in time to begin the Director's term at this time.
4086	4086	26 The Director appointed under this subparagraph (C)
4087	4087
4088	4088
4089	4089
4090	4090
4091	4091
4092	4092	SB1938 - 114 - LRB104 12003 RTM 22098 b
4093	4093
4094	4094
4095	4095	SB1938- 115 -LRB104 12003 RTM 22098 b SB1938 - 115 - LRB104 12003 RTM 22098 b
4096	4096	SB1938 - 115 - LRB104 12003 RTM 22098 b
4097	4097	1 shall reside in Lake County.
4098	4098	2 (D) One Director appointed by the Chairman of the
4099	4099	3 McHenry County Board with the advice and consent of
4100	4100	4 the McHenry County Board for an initial term of 2 years
4101	4101	5 to begin February 1, 2026. Subsequent terms of the
4102	4102	6 Director shall be 4 years. The appointment shall be
4103	4103	7 made in time to begin the Director's term at this time.
4104	4104	8 The Director appointed under this subparagraph (D)
4105	4105	9 shall reside in McHenry County.
4106	4106	10 (E) One Director appointed by the County Executive
4107	4107	11 of Will County with the advice and consent of the Will
4108	4108	12 County Board for an initial term of 4 years to begin
4109	4109	13 February 1, 2026. Subsequent terms of the Director
4110	4110	14 shall be 4 years. The appointment shall be made in time
4111	4111	15 to begin the Director's term at this time. The
4112	4112	16 Director appointed under this subparagraph (E) shall
4113	4113	17 reside in Will County.
4114	4114	18 (8) The Chairman serving on the effective date of this
4115	4115	19 amendatory Act of the 104th General Assembly shall
4116	4116	20 continue to serve as Chairman until February 1, 2026 or
4117	4117	21 until a successor is appointed and qualified or a vacancy
4118	4118	22 occurs in the office. As soon as possible after the
4119	4119	23 Commuter Rail Board convenes following the appointments on
4120	4120	24 February 1, 2026 as outlined in subsection (c) of this
4121	4121	25 Section, a new Chairman shall be appointed. The Chairman
4122	4122	26 shall be appointed from among the other Directors by the
4123	4123
4124	4124
4125	4125
4126	4126
4127	4127
4128	4128	SB1938 - 115 - LRB104 12003 RTM 22098 b
4129	4129
4130	4130
4131	4131	SB1938- 116 -LRB104 12003 RTM 22098 b SB1938 - 116 - LRB104 12003 RTM 22098 b
4132	4132	SB1938 - 116 - LRB104 12003 RTM 22098 b
4133	4133	1 affirmative vote of at least 7 of the then Directors.
4134	4134	2 (d) A new Board of Directors shall be appointed as
4135	4135	3 directed under subsection (c) of this Section to begin their
4136	4136	4 terms on February 1, 2026. The appointments shall be made in
4137	4137	5 time to begin their terms at this time. All Directors
4138	4138	6 appointed under subsection (b) of this Section serving on the
4139	4139	7 effective date of this amendatory Act of the 104th General
4140	4140	8 Assembly shall retain their offices until February 1, 2026, or
4141	4141	9 until the expiration of or vacancy of their respective terms
4142	4142	10 of office. In the event of the expiration of the a term of
4143	4143	11 office or a vacancy in these offices occurs prior to February
4144	4144	12 1, 2026, a new Director shall be appointed as provided by law.
4145	4145	13 A Director serving in this position on January 31, 2026 may be
4146	4146	14 reappointed if so chosen.
4147	4147	15 (e) Directors shall have diverse and substantial relevant
4148	4148	16 experience and expertise in overseeing the planning,
4149	4149	17 operation, and funding of a public transportation system,
4150	4150	18 including, but not limited to, backgrounds in urban and
4151	4151	19 regional planning, management of large capital projects, labor
4152	4152	20 and workforce development, business management, public
4153	4153	21 administration, transportation, and transit and ridership
4154	4154	22 advocacy.
4155	4155	23 (c) No director, while serving as such, shall be an
4156	4156	24 officer, a member of the board of directors or trustee or an
4157	4157	25 employee of any transportation agency, or be an employee of
4158	4158	26 the State of Illinois or any department or agency thereof, or
4159	4159
4160	4160
4161	4161
4162	4162
4163	4163
4164	4164	SB1938 - 116 - LRB104 12003 RTM 22098 b
4165	4165
4166	4166
4167	4167	SB1938- 117 -LRB104 12003 RTM 22098 b SB1938 - 117 - LRB104 12003 RTM 22098 b
4168	4168	SB1938 - 117 - LRB104 12003 RTM 22098 b
4169	4169	1 of any county, municipality, or any other unit of local
4170	4170	2 government or receive any compensation from any elected or
4171	4171	3 appointed office under the Constitution and laws of Illinois.
4172	4172	4 (f) (d) Each appointment made under subsections (a) and
4173	4173	5 (b) of this Section and under Section 3B.03 shall be certified
4174	4174	6 by the appointing authority to the Commuter Rail Board which
4175	4175	7 shall maintain the certifications as part of the official
4176	4176	8 records of the Commuter Rail Board.
4177	4177	9 (Source: P.A. 98-709, eff. 7-16-14.)
4178	4178	10 (70 ILCS 3615/3B.09) (from Ch. 111 2/3, par. 703B.09)
4179	4179	11 Sec. 3B.09. General Powers. In addition to any powers
4180	4180	12 elsewhere provided to the Commuter Rail Board, it shall have
4181	4181	13 all of the powers specified in Section 2.20 of this Act except
4182	4182	14 for the powers specified in Section 2.20(a)(v). The Board
4183	4183	15 shall also have the power:
4184	4184	16 (a) to cooperate with the Regional Transportation
4185	4185	17 Authority in the exercise by the Regional Transportation
4186	4186	18 Authority of all the powers granted it by such Act;
4187	4187	19 (b) to receive funds from the Regional Transportation
4188	4188	20 Authority pursuant to Sections 2.02, 4.01, 4.02, 4.09 and 4.10
4189	4189	21 of the "Regional Transportation Authority Act", all as
4190	4190	22 provided in the "Regional Transportation Authority Act";
4191	4191	23 (c) to receive financial grants from the Regional
4192	4192	24 Transportation Authority or a Service Board, as defined in the
4193	4193	25 "Regional Transportation Authority Act", upon such terms and
4194	4194
4195	4195
4196	4196
4197	4197
4198	4198
4199	4199	SB1938 - 117 - LRB104 12003 RTM 22098 b
4200	4200
4201	4201
4202	4202	SB1938- 118 -LRB104 12003 RTM 22098 b SB1938 - 118 - LRB104 12003 RTM 22098 b
4203	4203	SB1938 - 118 - LRB104 12003 RTM 22098 b
4204	4204	1 conditions as shall be set forth in a grant contract between
4205	4205	2 either the Division and the Regional Transportation Authority
4206	4206	3 or the Division and another Service Board, which contract or
4207	4207	4 agreement may be for such number of years or duration as the
4208	4208	5 parties may agree, all as provided in the "Regional
4209	4209	6 Transportation Authority Act"; and
4210	4210	7 (d) to borrow money for the purpose of acquiring,
4211	4211	8 constructing, reconstructing, extending, or improving any
4212	4212	9 Public Transportation Facilities (as defined in Section 1.03
4213	4213	10 of the Regional Transportation Authority Act) operated by or
4214	4214	11 to be operated by or on behalf of the Commuter Rail Division.
4215	4215	12 For the purpose of evidencing the obligation of the Commuter
4216	4216	13 Rail Board to repay any money borrowed as provided in this
4217	4217	14 subsection, the Commuter Rail Board may issue revenue bonds
4218	4218	15 from time to time pursuant to ordinance adopted by the
4219	4219	16 Commuter Rail Board, subject to the approval of the Regional
4220	4220	17 Transportation Authority of each such issuance by the
4221	4221	18 affirmative vote of 12 of its then Directors, prior to
4222	4222	19 February 1, 2026, and by the affirmative vote of at least 14 of
4223	4223	20 its then Directors, beginning February 1, 2026; provided that
4224	4224	21 the Commuter Rail Board may not issue bonds for the purpose of
4225	4225	22 financing the acquisition, construction, or improvement of a
4226	4226	23 corporate headquarters building. All such bonds shall be
4227	4227	24 payable solely from the revenues or income or any other funds
4228	4228	25 that the Commuter Rail Board may receive, provided that the
4229	4229	26 Commuter Rail Board may not pledge as security for such bonds
4230	4230
4231	4231
4232	4232
4233	4233
4234	4234
4235	4235	SB1938 - 118 - LRB104 12003 RTM 22098 b
4236	4236
4237	4237
4238	4238	SB1938- 119 -LRB104 12003 RTM 22098 b SB1938 - 119 - LRB104 12003 RTM 22098 b
4239	4239	SB1938 - 119 - LRB104 12003 RTM 22098 b
4240	4240	1 the moneys, if any, that the Commuter Rail Board receives from
4241	4241	2 the Regional Transportation Authority pursuant to Section
4242	4242	3 4.03.3(f) of the Regional Transportation Authority Act. The
4243	4243	4 bonds shall bear interest at a rate not to exceed the maximum
4244	4244	5 rate authorized by the Bond Authorization Act and shall mature
4245	4245	6 at such time or times not exceeding 25 years from their
4246	4246	7 respective dates. Bonds issued pursuant to this paragraph must
4247	4247	8 be issued with scheduled principal or mandatory redemption
4248	4248	9 payments in equal amounts in each fiscal year over the term of
4249	4249	10 the bonds, with the first principal or mandatory redemption
4250	4250	11 payment scheduled within the fiscal year in which bonds are
4251	4251	12 issued or within the next succeeding fiscal year. At least
4252	4252	13 25%, based on total principal amount, of all bonds authorized
4253	4253	14 pursuant to this Section shall be sold pursuant to notice of
4254	4254	15 sale and public bid. No more than 75%, based on total principal
4255	4255	16 amount, of all bonds authorized pursuant to this Section shall
4256	4256	17 be sold by negotiated sale. The maximum principal amount of
4257	4257	18 the bonds that may be issued and outstanding at any time may
4258	4258	19 not exceed $1,000,000,000. The bonds shall have all the
4259	4259	20 qualities of negotiable instruments under the laws of this
4260	4260	21 State. To secure the payment of any or all of such bonds and
4261	4261	22 for the purpose of setting forth the covenants and
4262	4262	23 undertakings of the Commuter Rail Board in connection with the
4263	4263	24 issuance thereof and the issuance of any additional bonds
4264	4264	25 payable from such revenue or income as well as the use and
4265	4265	26 application of the revenue or income received by the Commuter
4266	4266
4267	4267
4268	4268
4269	4269
4270	4270
4271	4271	SB1938 - 119 - LRB104 12003 RTM 22098 b
4272	4272
4273	4273
4274	4274	SB1938- 120 -LRB104 12003 RTM 22098 b SB1938 - 120 - LRB104 12003 RTM 22098 b
4275	4275	SB1938 - 120 - LRB104 12003 RTM 22098 b
4276	4276	1 Rail Board, the Commuter Rail Board may execute and deliver a
4277	4277	2 trust agreement or agreements; provided that no lien upon any
4278	4278	3 physical property of the Commuter Rail Board shall be created
4279	4279	4 thereby. A remedy for any breach or default of the terms of any
4280	4280	5 such trust agreement by the Commuter Rail Board may be by
4281	4281	6 mandamus proceedings in any court of competent jurisdiction to
4282	4282	7 compel performance and compliance therewith, but the trust
4283	4283	8 agreement may prescribe by whom or on whose behalf such action
4284	4284	9 may be instituted. Under no circumstances shall any bonds
4285	4285	10 issued by the Commuter Rail Board or any other obligation of
4286	4286	11 the Commuter Rail Board in connection with the issuance of
4287	4287	12 such bonds be or become an indebtedness or obligation of the
4288	4288	13 State of Illinois, the Regional Transportation Authority, or
4289	4289	14 any other political subdivision of or municipality within the
4290	4290	15 State, nor shall any such bonds or obligations be or become an
4291	4291	16 indebtedness of the Commuter Rail Board within the purview of
4292	4292	17 any constitutional limitation or provision, and it shall be
4293	4293	18 plainly stated on the face of each bond that it does not
4294	4294	19 constitute such an indebtedness or obligation but is payable
4295	4295	20 solely from the revenues or income as aforesaid.
4296	4296	21 (Source: P.A. 95-708, eff. 1-18-08.)
4297	4297	22 (70 ILCS 3615/3B.10) (from Ch. 111 2/3, par. 703B.10)
4298	4298	23 Sec. 3B.10. Budget and Program. The Commuter Rail Board,
4299	4299	24 subject to the powers of the Authority in Section 4.11, shall
4300	4300	25 control the finances of the Division. It shall by ordinance
4301	4301
4302	4302
4303	4303
4304	4304
4305	4305
4306	4306	SB1938 - 120 - LRB104 12003 RTM 22098 b
4307	4307
4308	4308
4309	4309	SB1938- 121 -LRB104 12003 RTM 22098 b SB1938 - 121 - LRB104 12003 RTM 22098 b
4310	4310	SB1938 - 121 - LRB104 12003 RTM 22098 b
4311	4311	1 appropriate money to perform the Division's purposes and
4312	4312	2 provide for payment of debts and expenses of the Division.
4313	4313	3 Each year the Commuter Rail Board shall prepare and publish a
4314	4314	4 comprehensive annual budget and proposed five-year capital
4315	4315	5 program document, and a financial plan for the two years
4316	4316	6 thereafter describing the state of the Division and presenting
4317	4317	7 for the forthcoming fiscal year and the two following years
4318	4318	8 the Commuter Rail Board's plans for such operations and
4319	4319	9 capital expenditures as the Commuter Rail Board intends to
4320	4320	10 undertake and the means by which it intends to finance them.
4321	4321	11 The proposed budget, financial plan, and five-year capital
4322	4322	12 program shall be based on the Authority's estimate of funds to
4323	4323	13 be made available to the Commuter Rail Board by or through the
4324	4324	14 Authority and shall conform in all respects to the
4325	4325	15 requirements established by the Authority. The proposed
4326	4326	16 budget, financial plan, and five-year capital program shall
4327	4327	17 contain a statement of the funds estimated to be on hand at the
4328	4328	18 beginning of the fiscal year, the funds estimated to be
4329	4329	19 received from all sources for such year and the funds
4330	4330	20 estimated to be on hand at the end of such year. The fiscal
4331	4331	21 year of the Division shall be the same as the fiscal year of
4332	4332	22 the Authority. Before the proposed budget, financial plan, and
4333	4333	23 five-year capital program are submitted to the Authority, the
4334	4334	24 Commuter Rail Board shall hold at least one public hearing
4335	4335	25 thereon in each of the counties in the metropolitan region in
4336	4336	26 which the Division provides service. The Commuter Rail Board
4337	4337
4338	4338
4339	4339
4340	4340
4341	4341
4342	4342	SB1938 - 121 - LRB104 12003 RTM 22098 b
4343	4343
4344	4344
4345	4345	SB1938- 122 -LRB104 12003 RTM 22098 b SB1938 - 122 - LRB104 12003 RTM 22098 b
4346	4346	SB1938 - 122 - LRB104 12003 RTM 22098 b
4347	4347	1 shall hold at least one meeting for consideration of the
4348	4348	2 proposed budget, financial plan, and five-year capital plan
4349	4349	3 with the county board of each of the several counties in the
4350	4350	4 metropolitan region in which the Division provides service.
4351	4351	5 Prior to the capital program being submitted to the Authority,
4352	4352	6 the Commuter Rail Board shall hold at least one meeting for
4353	4353	7 consideration of the proposed 5-year capital program with
4354	4354	8 representatives of labor organizations that have a collective
4355	4355	9 bargaining agreement with the Commuter Rail Board. After
4356	4356	10 conducting such hearings and holding such meetings and after
4357	4357	11 making such changes in the proposed budget, financial plan,
4358	4358	12 and five-year capital plan as the Commuter Rail Board deems
4359	4359	13 appropriate, the board shall adopt its annual budget ordinance
4360	4360	14 at least by November 15 next preceding the beginning of each
4361	4361	15 fiscal year. The budget, financial plan, and five-year capital
4362	4362	16 program shall then be submitted to the Authority as provided
4363	4363	17 in Section 4.11. In the event that the Board of the Authority
4364	4364	18 determines that the budget and program, and financial plan do
4365	4365	19 not meet the standards of Section 4.11, the Commuter Rail
4366	4366	20 Board shall make such changes as are necessary to meet such
4367	4367	21 requirements and adopt an amended budget ordinance. The
4368	4368	22 amended budget ordinance shall be resubmitted to the Authority
4369	4369	23 pursuant to Section 4.11. The ordinance shall appropriate such
4370	4370	24 sums of money as are deemed necessary to defray all necessary
4371	4371	25 expenses and obligations of the Division, specifying purposes
4372	4372	26 and the objects or programs for which appropriations are made
4373	4373
4374	4374
4375	4375
4376	4376
4377	4377
4378	4378	SB1938 - 122 - LRB104 12003 RTM 22098 b
4379	4379
4380	4380
4381	4381	SB1938- 123 -LRB104 12003 RTM 22098 b SB1938 - 123 - LRB104 12003 RTM 22098 b
4382	4382	SB1938 - 123 - LRB104 12003 RTM 22098 b
4383	4383	1 and the amount appropriated for each object or program.
4384	4384	2 Additional appropriations, transfers between items and other
4385	4385	3 changes in such ordinance which do not alter the basis upon
4386	4386	4 which the balanced budget determination was made by the Board
4387	4387	5 of the Authority may be made from time to time by the Commuter
4388	4388	6 Rail Board.
4389	4389	7 The budget shall:
4390	4390	8 (i) show a balance between (A) anticipated revenues
4391	4391	9 from all sources including operating subsidies and (B) the
4392	4392	10 costs of providing the services specified and of funding
4393	4393	11 any operating deficits or encumbrances incurred in prior
4394	4394	12 periods, including provision for payment when due of
4395	4395	13 principal and interest on outstanding indebtedness;
4396	4396	14 (ii) show cash balances including the proceeds of any
4397	4397	15 anticipated cash flow borrowing sufficient to pay with
4398	4398	16 reasonable promptness all costs and expenses as incurred;
4399	4399	17 (iii) provide for a level of fares or charges for the
4400	4400	18 public transportation provided by or subject to the
4401	4401	19 jurisdiction of such Commuter Rail Board sufficient to
4402	4402	20 allow the Commuter Rail Board to meet its required system
4403	4403	21 generated revenue recovery ratio;
4404	4404	22 (iv) be based upon and employ assumptions and
4405	4405	23 projections which the Board of the Authority finds to be
4406	4406	24 reasonable and prudent;
4407	4407	25 (v) have been prepared in accordance with sound
4408	4408	26 financial practices as determined by the Board of the
4409	4409
4410	4410
4411	4411
4412	4412
4413	4413
4414	4414	SB1938 - 123 - LRB104 12003 RTM 22098 b
4415	4415
4416	4416
4417	4417	SB1938- 124 -LRB104 12003 RTM 22098 b SB1938 - 124 - LRB104 12003 RTM 22098 b
4418	4418	SB1938 - 124 - LRB104 12003 RTM 22098 b
4419	4419	1 Authority;
4420	4420	2 (vi) meet such other uniform financial, budgetary, or
4421	4421	3 fiscal requirements that the Board of the Authority may by
4422	4422	4 rule or regulation establish; and
4423	4423	5 (vii) be consistent with the goals and objectives
4424	4424	6 adopted by the Regional Transportation Authority in the
4425	4425	7 Strategic Plan.
4426	4426	8 (Source: P.A. 95-708, eff. 1-18-08.)
4427	4427	9 (70 ILCS 3615/3B.13) (from Ch. 111 2/3, par. 703B.13)
4428	4428	10 Sec. 3B.13. Labor.
4429	4429	11 (a) The provisions of this Section apply to collective
4430	4430	12 bargaining agreements (including extensions and amendments of
4431	4431	13 existing agreements) entered into on or after January 1, 1984.
4432	4432	14 This Section does not apply to collective bargaining
4433	4433	15 agreements that are subject to the provisions of the Railway
4434	4434	16 Labor Act, as now or hereafter amended.
4435	4435	17 (b) The Commuter Rail Board shall deal with and enter into
4436	4436	18 written contracts with their employees, through accredited
4437	4437	19 representatives of such employees authorized to act for such
4438	4438	20 employees concerning wages, salaries, hours, working
4439	4439	21 conditions, and pension or retirement provisions about which a
4440	4440	22 collective bargaining agreement has been entered prior to the
4441	4441	23 effective date of this amendatory Act of 1983. Any such
4442	4442	24 agreement of the Commuter Rail Board shall provide that the
4443	4443	25 agreement may be reopened if the amended budget submitted
4444	4444
4445	4445
4446	4446
4447	4447
4448	4448
4449	4449	SB1938 - 124 - LRB104 12003 RTM 22098 b
4450	4450
4451	4451
4452	4452	SB1938- 125 -LRB104 12003 RTM 22098 b SB1938 - 125 - LRB104 12003 RTM 22098 b
4453	4453	SB1938 - 125 - LRB104 12003 RTM 22098 b
4454	4454	1 pursuant to Section 2.18a of this Act is not approved by the
4455	4455	2 Board of the Authority. The agreement may not include a
4456	4456	3 provision requiring the payment of wage increases based on
4457	4457	4 changes in the Consumer Price Index. The Commuter Rail Board
4458	4458	5 shall not have the authority to enter collective bargaining
4459	4459	6 agreements with respect to inherent management rights which
4460	4460	7 include such areas of discretion or policy as the functions of
4461	4461	8 the employer, standards of services, its overall budget, the
4462	4462	9 organizational structure and selection of new employees and
4463	4463	10 direction of personnel. Employers, however, shall be required
4464	4464	11 to bargain collectively with regard to policy matters directly
4465	4465	12 affecting wages, hours and terms and conditions of employment,
4466	4466	13 as well as the impact thereon, upon request by employee
4467	4467	14 representatives. To preserve the rights of the Commuter Rail
4468	4468	15 Board and exclusive representatives which have established
4469	4469	16 collective bargaining relationships or negotiated collective
4470	4470	17 bargaining agreements prior to the effective date of this
4471	4471	18 amendatory Act of 1983, the Commuter Rail Board shall be
4472	4472	19 required to bargain collectively with regard to any matter
4473	4473	20 concerning wages, hours or conditions of employment about
4474	4474	21 which they have bargained prior to the effective date of this
4475	4475	22 amendatory Act of 1983.
4476	4476	23 (c) The collective bargaining agreement may not include a
4477	4477	24 prohibition on the use of part-time operators on any service
4478	4478	25 operated by the Commuter Rail Board except where prohibited by
4479	4479	26 federal law.
4480	4480
4481	4481
4482	4482
4483	4483
4484	4484
4485	4485	SB1938 - 125 - LRB104 12003 RTM 22098 b
4486	4486
4487	4487
4488	4488	SB1938- 126 -LRB104 12003 RTM 22098 b SB1938 - 126 - LRB104 12003 RTM 22098 b
4489	4489	SB1938 - 126 - LRB104 12003 RTM 22098 b
4490	4490	1 (d) Within 30 days of the signing of any such collective
4491	4491	2 bargaining agreement, the Commuter Rail Board shall determine
4492	4492	3 the costs of each provision of the agreement, prepare an
4493	4493	4 amended budget incorporating the costs of the agreement, and
4494	4494	5 present the amended budget to the Board of the Authority for
4495	4495	6 its approval under Section 4.11. The Board may approve the
4496	4496	7 amended budget by an affirmative vote of 12 of its then
4497	4497	8 Directors, prior to February 1, 2026, and by the affirmative
4498	4498	9 vote of at least 14 of its then Directors, beginning February
4499	4499	10 1, 2026. If the budget is not approved by the Board of the
4500	4500	11 Authority, the agreement may be reopened and its terms may be
4501	4501	12 renegotiated. Any amended budget which may be prepared
4502	4502	13 following renegotiation shall be presented to the Board of the
4503	4503	14 Authority for its approval in like manner.
4504	4504	15 (Source: P.A. 95-708, eff. 1-18-08.)
4505	4505	16 (70 ILCS 3615/4.01) (from Ch. 111 2/3, par. 704.01)
4506	4506	17 Sec. 4.01. Budget and Program.
4507	4507	18 (a) The Board shall control the finances of the Authority.
4508	4508	19 It shall by ordinance adopted by the affirmative vote of at
4509	4509	20 least 12 of its then Directors, prior to February 1, 2026, and
4510	4510	21 by the affirmative vote of at least 14 of its then Directors,
4511	4511	22 beginning February 1, 2026, (i) appropriate money to perform
4512	4512	23 the Authority's purposes and provide for payment of debts and
4513	4513	24 expenses of the Authority, (ii) take action with respect to
4514	4514	25 the budget and two-year financial plan of each Service Board,
4515	4515
4516	4516
4517	4517
4518	4518
4519	4519
4520	4520	SB1938 - 126 - LRB104 12003 RTM 22098 b
4521	4521
4522	4522
4523	4523	SB1938- 127 -LRB104 12003 RTM 22098 b SB1938 - 127 - LRB104 12003 RTM 22098 b
4524	4524	SB1938 - 127 - LRB104 12003 RTM 22098 b
4525	4525	1 as provided in Section 4.11, and (iii) adopt an Annual Budget
4526	4526	2 and Two-Year Financial Plan for the Authority that includes
4527	4527	3 the annual budget and two-year financial plan of each Service
4528	4528	4 Board that has been approved by the Authority. The Annual
4529	4529	5 Budget and Two-Year Financial Plan shall contain a statement
4530	4530	6 of the funds estimated to be on hand for the Authority and each
4531	4531	7 Service Board at the beginning of the fiscal year, the funds
4532	4532	8 estimated to be received from all sources for such year, the
4533	4533	9 estimated expenses and obligations of the Authority and each
4534	4534	10 Service Board for all purposes, including expenses for
4535	4535	11 contributions to be made with respect to pension and other
4536	4536	12 employee benefits, and the funds estimated to be on hand at the
4537	4537	13 end of such year. The fiscal year of the Authority and each
4538	4538	14 Service Board shall begin on January 1st and end on the
4539	4539	15 succeeding December 31st. By July 1st of each year the
4540	4540	16 Director of the Illinois Governor's Office of Management and
4541	4541	17 Budget (formerly Bureau of the Budget) shall submit to the
4542	4542	18 Authority an estimate of revenues for the next fiscal year of
4543	4543	19 the Authority to be collected from the taxes imposed by the
4544	4544	20 Authority and the amounts to be available in the Public
4545	4545	21 Transportation Fund and the Regional Transportation Authority
4546	4546	22 Occupation and Use Tax Replacement Fund and the amounts
4547	4547	23 otherwise to be appropriated by the State to the Authority for
4548	4548	24 its purposes. The Authority shall file a copy of its Annual
4549	4549	25 Budget and Two-Year Financial Plan with the General Assembly
4550	4550	26 and the Governor after its adoption. Before the proposed
4551	4551
4552	4552
4553	4553
4554	4554
4555	4555
4556	4556	SB1938 - 127 - LRB104 12003 RTM 22098 b
4557	4557
4558	4558
4559	4559	SB1938- 128 -LRB104 12003 RTM 22098 b SB1938 - 128 - LRB104 12003 RTM 22098 b
4560	4560	SB1938 - 128 - LRB104 12003 RTM 22098 b
4561	4561	1 Annual Budget and Two-Year Financial Plan is adopted, the
4562	4562	2 Authority shall hold at least one public hearing thereon in
4563	4563	3 the metropolitan region, and shall meet with the county board
4564	4564	4 or its designee of each of the several counties in the
4565	4565	5 metropolitan region. After conducting such hearings and
4566	4566	6 holding such meetings and after making such changes in the
4567	4567	7 proposed Annual Budget and Two-Year Financial Plan as the
4568	4568	8 Board deems appropriate, the Board shall adopt its annual
4569	4569	9 appropriation and Annual Budget and Two-Year Financial Plan
4570	4570	10 ordinance. The ordinance may be adopted only upon the
4571	4571	11 affirmative votes of 12 of its then Directors, prior to
4572	4572	12 February 1, 2026, and by the affirmative vote of at least 14 of
4573	4573	13 its then Directors, beginning February 1, 2026. The ordinance
4574	4574	14 shall appropriate such sums of money as are deemed necessary
4575	4575	15 to defray all necessary expenses and obligations of the
4576	4576	16 Authority, specifying purposes and the objects or programs for
4577	4577	17 which appropriations are made and the amount appropriated for
4578	4578	18 each object or program. Additional appropriations, transfers
4579	4579	19 between items and other changes in such ordinance may be made
4580	4580	20 from time to time by the Board upon the affirmative votes of 12
4581	4581	21 of its then Directors, prior to February 1, 2026, and by the
4582	4582	22 affirmative vote of at least 14 of its then Directors,
4583	4583	23 beginning February 1, 2026.
4584	4584	24 (b) The Annual Budget and Two-Year Financial Plan shall
4585	4585	25 show a balance between anticipated revenues from all sources
4586	4586	26 and anticipated expenses including funding of operating
4587	4587
4588	4588
4589	4589
4590	4590
4591	4591
4592	4592	SB1938 - 128 - LRB104 12003 RTM 22098 b
4593	4593
4594	4594
4595	4595	SB1938- 129 -LRB104 12003 RTM 22098 b SB1938 - 129 - LRB104 12003 RTM 22098 b
4596	4596	SB1938 - 129 - LRB104 12003 RTM 22098 b
4597	4597	1 deficits or the discharge of encumbrances incurred in prior
4598	4598	2 periods and payment of principal and interest when due, and
4599	4599	3 shall show cash balances sufficient to pay with reasonable
4600	4600	4 promptness all obligations and expenses as incurred.
4601	4601	5 The Annual Budget and Two-Year Financial Plan must show:
4602	4602	6 (i) that the level of fares and charges for mass
4603	4603	7 transportation provided by, or under grant or purchase of
4604	4604	8 service contracts of, the Service Boards is sufficient to
4605	4605	9 cause the aggregate of all projected fare revenues from
4606	4606	10 such fares and charges received in each fiscal year to
4607	4607	11 equal at least 50% of the aggregate costs of providing
4608	4608	12 such public transportation in such fiscal year. However,
4609	4609	13 due to the fiscal impacts of the COVID-19 pandemic, the
4610	4610	14 aggregate of all projected fare revenues from such fares
4611	4611	15 and charges received in fiscal years 2021, 2022, 2023,
4612	4612	16 2024, and 2025 may be less than 50% of the aggregate costs
4613	4613	17 of providing such public transportation in those fiscal
4614	4614	18 years. The aggregate of all projected fare revenues from
4615	4615	19 such fares and charges received in fiscal years 2026 and
4616	4616	20 2027 shall equal at least 25% of the aggregate cost of
4617	4617	21 providing such public transportation in those fiscal
4618	4618	22 years. The aggregate of all projected fare revenues from
4619	4619	23 such fares and charges received in fiscal years 2028 and
4620	4620	24 2029 and for every fiscal year thereafter shall equal at
4621	4621	25 least 15% of the aggregate cost of providing such public
4622	4622	26 transportation in those fiscal years. Prior to the
4623	4623
4624	4624
4625	4625
4626	4626
4627	4627
4628	4628	SB1938 - 129 - LRB104 12003 RTM 22098 b
4629	4629
4630	4630
4631	4631	SB1938- 130 -LRB104 12003 RTM 22098 b SB1938 - 130 - LRB104 12003 RTM 22098 b
4632	4632	SB1938 - 130 - LRB104 12003 RTM 22098 b
4633	4633	1 beginning of fiscal year 2030, the General Assembly shall
4634	4634	2 reevaluate and determine the appropriate system generated
4635	4635	3 revenues recovery ratio for future years. "Fare revenues"
4636	4636	4 include the proceeds of all fares and charges for services
4637	4637	5 provided, contributions received in connection with public
4638	4638	6 transportation from units of local government other than
4639	4639	7 the Authority, except for contributions received by the
4640	4640	8 Chicago Transit Authority from a real estate transfer tax
4641	4641	9 imposed under subsection (i) of Section 8-3-19 of the
4642	4642	10 Illinois Municipal Code, and from the State pursuant to
4643	4643	11 subsection (i) of Section 2705-305 of the Department of
4644	4644	12 Transportation Law (20 ILCS 2705/2705-305), and all other
4645	4645	13 operating revenues properly included consistent with
4646	4646	14 generally accepted accounting principles but do not
4647	4647	15 include: the proceeds of any borrowings, and, beginning
4648	4648	16 with the 2007 fiscal year, all revenues and receipts,
4649	4649	17 including but not limited to fares and grants received
4650	4650	18 from the federal, State or any unit of local government or
4651	4651	19 other entity, derived from providing ADA paratransit
4652	4652	20 service pursuant to Section 2.30 of the Regional
4653	4653	21 Transportation Authority Act. "Costs" include all items
4654	4654	22 properly included as operating costs consistent with
4655	4655	23 generally accepted accounting principles, including
4656	4656	24 administrative costs, but do not include: depreciation;
4657	4657	25 payment of principal and interest on bonds, notes or other
4658	4658	26 evidences of obligation for borrowed money issued by the
4659	4659
4660	4660
4661	4661
4662	4662
4663	4663
4664	4664	SB1938 - 130 - LRB104 12003 RTM 22098 b
4665	4665
4666	4666
4667	4667	SB1938- 131 -LRB104 12003 RTM 22098 b SB1938 - 131 - LRB104 12003 RTM 22098 b
4668	4668	SB1938 - 131 - LRB104 12003 RTM 22098 b
4669	4669	1 Authority; payments with respect to public transportation
4670	4670	2 facilities made pursuant to subsection (b) of Section 2.20
4671	4671	3 of this Act; any payments with respect to rate protection
4672	4672	4 contracts, credit enhancements or liquidity agreements
4673	4673	5 made under Section 4.14; any other cost to which it is
4674	4674	6 reasonably expected that a cash expenditure will not be
4675	4675	7 made; costs for passenger security including grants,
4676	4676	8 contracts, personnel, equipment and administrative
4677	4677	9 expenses, except in the case of the Chicago Transit
4678	4678	10 Authority, in which case the term does not include costs
4679	4679	11 spent annually by that entity for protection against crime
4680	4680	12 as required by Section 27a of the Metropolitan Transit
4681	4681	13 Authority Act; the payment by the Chicago Transit
4682	4682	14 Authority of Debt Service, as defined in Section 12c of
4683	4683	15 the Metropolitan Transit Authority Act, on bonds or notes
4684	4684	16 issued pursuant to that Section; the payment by the
4685	4685	17 Commuter Rail Division of debt service on bonds issued
4686	4686	18 pursuant to Section 3B.09; expenses incurred by the
4687	4687	19 Suburban Bus Division for the cost of new public
4688	4688	20 transportation services funded from grants pursuant to
4689	4689	21 Section 2.01e of this amendatory Act of the 95th General
4690	4690	22 Assembly for a period of 2 years from the date of
4691	4691	23 initiation of each such service; costs as exempted by the
4692	4692	24 Board for projects pursuant to Section 2.09 of this Act;
4693	4693	25 or, beginning with the 2007 fiscal year, expenses related
4694	4694	26 to providing ADA paratransit service pursuant to Section
4695	4695
4696	4696
4697	4697
4698	4698
4699	4699
4700	4700	SB1938 - 131 - LRB104 12003 RTM 22098 b
4701	4701
4702	4702
4703	4703	SB1938- 132 -LRB104 12003 RTM 22098 b SB1938 - 132 - LRB104 12003 RTM 22098 b
4704	4704	SB1938 - 132 - LRB104 12003 RTM 22098 b
4705	4705	1 2.30 of the Regional Transportation Authority Act; and in
4706	4706	2 fiscal years 2008 through 2012 inclusive, costs in the
4707	4707	3 amount of $200,000,000 in fiscal year 2008, reducing by
4708	4708	4 $40,000,000 in each fiscal year thereafter until this
4709	4709	5 exemption is eliminated; and expenses incurred by any and
4710	4710	6 all Service Boards for the cost of new public
4711	4711	7 transportation services for a period of 2 years from the
4712	4712	8 date of initiation of each such service; and
4713	4713	9 (ii) that the level of fares charged for ADA
4714	4714	10 paratransit services is sufficient to cause the aggregate
4715	4715	11 of all projected revenues from such fares charged and
4716	4716	12 received in each fiscal year to equal at least 10% of the
4717	4717	13 aggregate costs of providing such ADA paratransit
4718	4718	14 services. However, due to the fiscal impacts of the
4719	4719	15 COVID-19 pandemic, the aggregate of all projected fare
4720	4720	16 revenues from such fares and charges received in fiscal
4721	4721	17 years 2021, 2022, 2023, 2024, and 2025 may be less than 10%
4722	4722	18 of the aggregate costs of providing such ADA paratransit
4723	4723	19 services in those fiscal years. The aggregate of all
4724	4724	20 projected revenues from such fares charged and received in
4725	4725	21 fiscal years 2026 and 2027 shall equal at least 5% of the
4726	4726	22 aggregate costs of providing such ADA paratransit services
4727	4727	23 in those fiscal years. The aggregate of all projected
4728	4728	24 revenues from such fares charged and received in fiscal
4729	4729	25 years 2028 and 2029 and every fiscal year thereafter shall
4730	4730	26 equal at least 3% of the aggregate costs of providing such
4731	4731
4732	4732
4733	4733
4734	4734
4735	4735
4736	4736	SB1938 - 132 - LRB104 12003 RTM 22098 b
4737	4737
4738	4738
4739	4739	SB1938- 133 -LRB104 12003 RTM 22098 b SB1938 - 133 - LRB104 12003 RTM 22098 b
4740	4740	SB1938 - 133 - LRB104 12003 RTM 22098 b
4741	4741	1 ADA paratransit services in those fiscal years. Prior to
4742	4742	2 the beginning of fiscal year 2030, the General Assembly
4743	4743	3 shall reevaluate and determine the appropriate system
4744	4744	4 generated revenues recovery ratio for ADA paratransit
4745	4745	5 services for future years. For purposes of this Act, the
4746	4746	6 percentages in this subsection (b)(ii) shall be referred
4747	4747	7 to as the "system generated ADA paratransit services
4748	4748	8 revenue recovery ratio". For purposes of the system
4749	4749	9 generated ADA paratransit services revenue recovery ratio,
4750	4750	10 "costs" shall include all items properly included as
4751	4751	11 operating costs consistent with generally accepted
4752	4752	12 accounting principles. However, the Board may exclude from
4753	4753	13 costs an amount that does not exceed the allowable
4754	4754	14 "capital costs of contracting" for ADA paratransit
4755	4755	15 services pursuant to the Federal Transit Administration
4756	4756	16 guidelines for the Urbanized Area Formula Program.
4757	4757	17 The Authority shall file a statement certifying that the
4758	4758	18 Service Boards published the data described in subsection
4759	4759	19 (b-5) with the General Assembly and the Governor after
4760	4760	20 adoption of the Annual Budget and Two-Year Financial Plan
4761	4761	21 required by subsection (a). If the Authority fails to file a
4762	4762	22 statement certifying publication of the data, then the
4763	4763	23 appropriations to the Department of Transportation for grants
4764	4764	24 to the Authority intended to reimburse the Service Boards for
4765	4765	25 providing free and reduced fares shall be withheld.
4766	4766	26 (b-5) For fiscal years 2024, and 2025, 2026, and every
4767	4767
4768	4768
4769	4769
4770	4770
4771	4771
4772	4772	SB1938 - 133 - LRB104 12003 RTM 22098 b
4773	4773
4774	4774
4775	4775	SB1938- 134 -LRB104 12003 RTM 22098 b SB1938 - 134 - LRB104 12003 RTM 22098 b
4776	4776	SB1938 - 134 - LRB104 12003 RTM 22098 b
4777	4777	1 year thereafter, the Service Boards must publish a monthly
4778	4778	2 comprehensive set of data regarding transit service and
4779	4779	3 safety. The data included shall include information to track
4780	4780	4 operations including:
4781	4781	5 (1) staffing levels, including numbers of budgeted
4782	4782	6 positions, current positions employed, hired staff,
4783	4783	7 attrition, staff in training, and absenteeism rates;
4784	4784	8 (2) scheduled service and delivered service, including
4785	4785	9 percentage of scheduled service delivered by day, service
4786	4786	10 by mode of transportation, service by route and rail line,
4787	4787	11 total number of revenue miles driven, excess wait times by
4788	4788	12 day, by mode of transportation, by bus route, and by stop;
4789	4789	13 and
4790	4790	14 (3) safety on the system, including the number of
4791	4791	15 incidents of crime and code of conduct violations on
4792	4792	16 system, any performance measures used to evaluate the
4793	4793	17 effectiveness of investments in private security, safety
4794	4794	18 equipment, and other security investments in the system.
4795	4795	19 If no performance measures exist to evaluate the
4796	4796	20 effectiveness of these safety investments, the Service
4797	4797	21 Boards and Authority shall develop and publish these
4798	4798	22 performance measures.
4799	4799	23 The Authority and Service Boards shall solicit input and
4800	4800	24 ideas on publishing data on the service reliability,
4801	4801	25 operations, and safety of the system from the public and
4802	4802	26 groups representing transit riders, workers, and businesses.
4803	4803
4804	4804
4805	4805
4806	4806
4807	4807
4808	4808	SB1938 - 134 - LRB104 12003 RTM 22098 b
4809	4809
4810	4810
4811	4811	SB1938- 135 -LRB104 12003 RTM 22098 b SB1938 - 135 - LRB104 12003 RTM 22098 b
4812	4812	SB1938 - 135 - LRB104 12003 RTM 22098 b
4813	4813	1 (c) The actual administrative expenses of the Authority
4814	4814	2 for the fiscal year commencing January 1, 1985 may not exceed
4815	4815	3 $5,000,000. The actual administrative expenses of the
4816	4816	4 Authority for the fiscal year commencing January 1, 1986, and
4817	4817	5 for each fiscal year thereafter shall not exceed the maximum
4818	4818	6 administrative expenses for the previous fiscal year plus 5%.
4819	4819	7 "Administrative expenses" are defined for purposes of this
4820	4820	8 Section as all expenses except: (1) capital expenses and
4821	4821	9 purchases of the Authority on behalf of the Service Boards;
4822	4822	10 (2) payments to Service Boards; and (3) payment of principal
4823	4823	11 and interest on bonds, notes or other evidence of obligation
4824	4824	12 for borrowed money issued by the Authority; (4) costs for
4825	4825	13 passenger security including grants, contracts, personnel,
4826	4826	14 equipment and administrative expenses; (5) payments with
4827	4827	15 respect to public transportation facilities made pursuant to
4828	4828	16 subsection (b) of Section 2.20 of this Act; and (6) any
4829	4829	17 payments with respect to rate protection contracts, credit
4830	4830	18 enhancements or liquidity agreements made pursuant to Section
4831	4831	19 4.14.
4832	4832	20 (d) This subsection applies only until the Department
4833	4833	21 begins administering and enforcing an increased tax under
4834	4834	22 Section 4.03(m) as authorized by this amendatory Act of the
4835	4835	23 95th General Assembly. After withholding 15% of the proceeds
4836	4836	24 of any tax imposed by the Authority and 15% of money received
4837	4837	25 by the Authority from the Regional Transportation Authority
4838	4838	26 Occupation and Use Tax Replacement Fund, the Board shall
4839	4839
4840	4840
4841	4841
4842	4842
4843	4843
4844	4844	SB1938 - 135 - LRB104 12003 RTM 22098 b
4845	4845
4846	4846
4847	4847	SB1938- 136 -LRB104 12003 RTM 22098 b SB1938 - 136 - LRB104 12003 RTM 22098 b
4848	4848	SB1938 - 136 - LRB104 12003 RTM 22098 b
4849	4849	1 allocate the proceeds and money remaining to the Service
4850	4850	2 Boards as follows: (1) an amount equal to 85% of the proceeds
4851	4851	3 of those taxes collected within the City of Chicago and 85% of
4852	4852	4 the money received by the Authority on account of transfers to
4853	4853	5 the Regional Transportation Authority Occupation and Use Tax
4854	4854	6 Replacement Fund from the County and Mass Transit District
4855	4855	7 Fund attributable to retail sales within the City of Chicago
4856	4856	8 shall be allocated to the Chicago Transit Authority; (2) an
4857	4857	9 amount equal to 85% of the proceeds of those taxes collected
4858	4858	10 within Cook County outside the City of Chicago and 85% of the
4859	4859	11 money received by the Authority on account of transfers to the
4860	4860	12 Regional Transportation Authority Occupation and Use Tax
4861	4861	13 Replacement Fund from the County and Mass Transit District
4862	4862	14 Fund attributable to retail sales within Cook County outside
4863	4863	15 of the city of Chicago shall be allocated 30% to the Chicago
4864	4864	16 Transit Authority, 55% to the Commuter Rail Board and 15% to
4865	4865	17 the Suburban Bus Board; and (3) an amount equal to 85% of the
4866	4866	18 proceeds of the taxes collected within the Counties of DuPage,
4867	4867	19 Kane, Lake, McHenry and Will shall be allocated 70% to the
4868	4868	20 Commuter Rail Board and 30% to the Suburban Bus Board.
4869	4869	21 (e) This subsection applies only until the Department
4870	4870	22 begins administering and enforcing an increased tax under
4871	4871	23 Section 4.03(m) as authorized by this amendatory Act of the
4872	4872	24 95th General Assembly. Moneys received by the Authority on
4873	4873	25 account of transfers to the Regional Transportation Authority
4874	4874	26 Occupation and Use Tax Replacement Fund from the State and
4875	4875
4876	4876
4877	4877
4878	4878
4879	4879
4880	4880	SB1938 - 136 - LRB104 12003 RTM 22098 b
4881	4881
4882	4882
4883	4883	SB1938- 137 -LRB104 12003 RTM 22098 b SB1938 - 137 - LRB104 12003 RTM 22098 b
4884	4884	SB1938 - 137 - LRB104 12003 RTM 22098 b
4885	4885	1 Local Sales Tax Reform Fund shall be allocated among the
4886	4886	2 Authority and the Service Boards as follows: 15% of such
4887	4887	3 moneys shall be retained by the Authority and the remaining
4888	4888	4 85% shall be transferred to the Service Boards as soon as may
4889	4889	5 be practicable after the Authority receives payment. Moneys
4890	4890	6 which are distributable to the Service Boards pursuant to the
4891	4891	7 preceding sentence shall be allocated among the Service Boards
4892	4892	8 on the basis of each Service Board's distribution ratio. The
4893	4893	9 term "distribution ratio" means, for purposes of this
4894	4894	10 subsection (e) of this Section 4.01, the ratio of the total
4895	4895	11 amount distributed to a Service Board pursuant to subsection
4896	4896	12 (d) of Section 4.01 for the immediately preceding calendar
4897	4897	13 year to the total amount distributed to all of the Service
4898	4898	14 Boards pursuant to subsection (d) of Section 4.01 for the
4899	4899	15 immediately preceding calendar year.
4900	4900	16 (f) To carry out its duties and responsibilities under
4901	4901	17 this Act, the Board shall employ staff which shall: (1)
4902	4902	18 propose for adoption by the Board of the Authority rules for
4903	4903	19 the Service Boards that establish (i) forms and schedules to
4904	4904	20 be used and information required to be provided with respect
4905	4905	21 to a five-year capital program, annual budgets, and two-year
4906	4906	22 financial plans and regular reporting of actual results
4907	4907	23 against adopted budgets and financial plans, (ii) financial
4908	4908	24 practices to be followed in the budgeting and expenditure of
4909	4909	25 public funds, (iii) assumptions and projections that must be
4910	4910	26 followed in preparing and submitting its annual budget and
4911	4911
4912	4912
4913	4913
4914	4914
4915	4915
4916	4916	SB1938 - 137 - LRB104 12003 RTM 22098 b
4917	4917
4918	4918
4919	4919	SB1938- 138 -LRB104 12003 RTM 22098 b SB1938 - 138 - LRB104 12003 RTM 22098 b
4920	4920	SB1938 - 138 - LRB104 12003 RTM 22098 b
4921	4921	1 two-year financial plan or a five-year capital program; (2)
4922	4922	2 evaluate for the Board public transportation programs operated
4923	4923	3 or proposed by the Service Boards and transportation agencies
4924	4924	4 in terms of the goals and objectives set out in the Strategic
4925	4925	5 Plan; (3) keep the Board and the public informed of the extent
4926	4926	6 to which the Service Boards and transportation agencies are
4927	4927	7 meeting the goals and objectives adopted by the Authority in
4928	4928	8 the Strategic Plan; and (4) assess the efficiency or adequacy
4929	4929	9 of public transportation services provided by a Service Board
4930	4930	10 and make recommendations for change in that service to the end
4931	4931	11 that the moneys available to the Authority may be expended in
4932	4932	12 the most economical manner possible with the least possible
4933	4933	13 duplication.
4934	4934	14 (g) All Service Boards, transportation agencies,
4935	4935	15 comprehensive planning agencies, including the Chicago
4936	4936	16 Metropolitan Agency for Planning, or transportation planning
4937	4937	17 agencies in the metropolitan region shall furnish to the
4938	4938	18 Authority such information pertaining to public transportation
4939	4939	19 or relevant for plans therefor as it may from time to time
4940	4940	20 require. The Executive Director, or his or her designee,
4941	4941	21 shall, for the purpose of securing any such information
4942	4942	22 necessary or appropriate to carry out any of the powers and
4943	4943	23 responsibilities of the Authority under this Act, have access
4944	4944	24 to, and the right to examine, all books, documents, papers or
4945	4945	25 records of a Service Board or any transportation agency
4946	4946	26 receiving funds from the Authority or Service Board, and such
4947	4947
4948	4948
4949	4949
4950	4950
4951	4951
4952	4952	SB1938 - 138 - LRB104 12003 RTM 22098 b
4953	4953
4954	4954
4955	4955	SB1938- 139 -LRB104 12003 RTM 22098 b SB1938 - 139 - LRB104 12003 RTM 22098 b
4956	4956	SB1938 - 139 - LRB104 12003 RTM 22098 b
4957	4957	1 Service Board or transportation agency shall comply with any
4958	4958	2 request by the Executive Director, or his or her designee,
4959	4959	3 within 30 days or an extended time provided by the Executive
4960	4960	4 Director.
4961	4961	5 (h) No Service Board shall undertake any capital
4962	4962	6 improvement which is not identified in the Five-Year Capital
4963	4963	7 Program.
4964	4964	8 (i) Each Service Board shall furnish to the Board access
4965	4965	9 to its financial information including, but not limited to,
4966	4966	10 audits and reports. The Board shall have real-time access to
4967	4967	11 the financial information of the Service Boards; however, the
4968	4968	12 Board shall be granted read-only access to the Service Board's
4969	4969	13 financial information.
4970	4970	14 (Source: P.A. 102-678, eff. 12-10-21; 103-281, eff. 1-1-24.)
4971	4971	15 (70 ILCS 3615/4.03)
4972	4972	16 Sec. 4.03. Taxes.
4973	4973	17 (a) In order to carry out any of the powers or purposes of
4974	4974	18 the Authority, the Board may, by ordinance adopted with the
4975	4975	19 concurrence of 12 of the then Directors, prior to February 1,
4976	4976	20 2026, and by the affirmative vote of at least 14 of the then
4977	4977	21 Directors, beginning February 1, 2026, impose throughout the
4978	4978	22 metropolitan region any or all of the taxes provided in this
4979	4979	23 Section. Except as otherwise provided in this Act, taxes
4980	4980	24 imposed under this Section and civil penalties imposed
4981	4981	25 incident thereto shall be collected and enforced by the State
4982	4982
4983	4983
4984	4984
4985	4985
4986	4986
4987	4987	SB1938 - 139 - LRB104 12003 RTM 22098 b
4988	4988
4989	4989
4990	4990	SB1938- 140 -LRB104 12003 RTM 22098 b SB1938 - 140 - LRB104 12003 RTM 22098 b
4991	4991	SB1938 - 140 - LRB104 12003 RTM 22098 b
4992	4992	1 Department of Revenue. The Department shall have the power to
4993	4993	2 administer and enforce the taxes and to determine all rights
4994	4994	3 for refunds for erroneous payments of the taxes. Nothing in
4995	4995	4 Public Act 95-708 is intended to invalidate any taxes
4996	4996	5 currently imposed by the Authority. The increased vote
4997	4997	6 requirements to impose a tax shall only apply to actions taken
4998	4998	7 after January 1, 2008 (the effective date of Public Act
4999	4999	8 95-708).
5000	5000	9 (b) The Board may impose a public transportation tax upon
5001	5001	10 all persons engaged in the metropolitan region in the business
5002	5002	11 of selling at retail motor fuel for operation of motor
5003	5003	12 vehicles upon public highways. The tax shall be at a rate not
5004	5004	13 to exceed 5% of the gross receipts from the sales of motor fuel
5005	5005	14 in the course of the business. As used in this Act, the term
5006	5006	15 "motor fuel" shall have the same meaning as in the Motor Fuel
5007	5007	16 Tax Law. The Board may provide for details of the tax. The
5008	5008	17 provisions of any tax shall conform, as closely as may be
5009	5009	18 practicable, to the provisions of the Municipal Retailers
5010	5010	19 Occupation Tax Act, including, without limitation, conformity
5011	5011	20 to penalties with respect to the tax imposed and as to the
5012	5012	21 powers of the State Department of Revenue to promulgate and
5013	5013	22 enforce rules and regulations relating to the administration
5014	5014	23 and enforcement of the provisions of the tax imposed, except
5015	5015	24 that reference in the Act to any municipality shall refer to
5016	5016	25 the Authority and the tax shall be imposed only with regard to
5017	5017	26 receipts from sales of motor fuel in the metropolitan region,
5018	5018
5019	5019
5020	5020
5021	5021
5022	5022
5023	5023	SB1938 - 140 - LRB104 12003 RTM 22098 b
5024	5024
5025	5025
5026	5026	SB1938- 141 -LRB104 12003 RTM 22098 b SB1938 - 141 - LRB104 12003 RTM 22098 b
5027	5027	SB1938 - 141 - LRB104 12003 RTM 22098 b
5028	5028	1 at rates as limited by this Section.
5029	5029	2 (c) In connection with the tax imposed under paragraph (b)
5030	5030	3 of this Section, the Board may impose a tax upon the privilege
5031	5031	4 of using in the metropolitan region motor fuel for the
5032	5032	5 operation of a motor vehicle upon public highways, the tax to
5033	5033	6 be at a rate not in excess of the rate of tax imposed under
5034	5034	7 paragraph (b) of this Section. The Board may provide for
5035	5035	8 details of the tax.
5036	5036	9 (d) The Board may impose a motor vehicle parking tax upon
5037	5037	10 the privilege of parking motor vehicles at off-street parking
5038	5038	11 facilities in the metropolitan region at which a fee is
5039	5039	12 charged, and may provide for reasonable classifications in and
5040	5040	13 exemptions to the tax, for administration and enforcement
5041	5041	14 thereof and for civil penalties and refunds thereunder and may
5042	5042	15 provide criminal penalties thereunder, the maximum penalties
5043	5043	16 not to exceed the maximum criminal penalties provided in the
5044	5044	17 Retailers' Occupation Tax Act. The Authority may collect and
5045	5045	18 enforce the tax itself or by contract with any unit of local
5046	5046	19 government. The State Department of Revenue shall have no
5047	5047	20 responsibility for the collection and enforcement unless the
5048	5048	21 Department agrees with the Authority to undertake the
5049	5049	22 collection and enforcement. As used in this paragraph, the
5050	5050	23 term "parking facility" means a parking area or structure
5051	5051	24 having parking spaces for more than 2 vehicles at which motor
5052	5052	25 vehicles are permitted to park in return for an hourly, daily,
5053	5053	26 or other periodic fee, whether publicly or privately owned,
5054	5054
5055	5055
5056	5056
5057	5057
5058	5058
5059	5059	SB1938 - 141 - LRB104 12003 RTM 22098 b
5060	5060
5061	5061
5062	5062	SB1938- 142 -LRB104 12003 RTM 22098 b SB1938 - 142 - LRB104 12003 RTM 22098 b
5063	5063	SB1938 - 142 - LRB104 12003 RTM 22098 b
5064	5064	1 but does not include parking spaces on a public street, the use
5065	5065	2 of which is regulated by parking meters.
5066	5066	3 (e) The Board may impose a Regional Transportation
5067	5067	4 Authority Retailers' Occupation Tax upon all persons engaged
5068	5068	5 in the business of selling tangible personal property at
5069	5069	6 retail in the metropolitan region. In Cook County, the tax
5070	5070	7 rate shall be 1.25% of the gross receipts from sales of food
5071	5071	8 for human consumption that is to be consumed off the premises
5072	5072	9 where it is sold (other than alcoholic beverages, food
5073	5073	10 consisting of or infused with adult use cannabis, soft drinks,
5074	5074	11 candy, and food that has been prepared for immediate
5075	5075	12 consumption) and tangible personal property taxed at the 1%
5076	5076	13 rate under the Retailers' Occupation Tax Act, and 1% of the
5077	5077	14 gross receipts from other taxable sales made in the course of
5078	5078	15 that business. In DuPage, Kane, Lake, McHenry, and Will
5079	5079	16 counties, the tax rate shall be 0.75% of the gross receipts
5080	5080	17 from all taxable sales made in the course of that business. The
5081	5081	18 rate of tax imposed in DuPage, Kane, Lake, McHenry, and Will
5082	5082	19 counties under this Section on sales of aviation fuel on or
5083	5083	20 after December 1, 2019 shall, however, be 0.25% unless the
5084	5084	21 Regional Transportation Authority in DuPage, Kane, Lake,
5085	5085	22 McHenry, and Will counties has an "airport-related purpose"
5086	5086	23 and the additional 0.50% of the 0.75% tax on aviation fuel is
5087	5087	24 expended for airport-related purposes. If there is no
5088	5088	25 airport-related purpose to which aviation fuel tax revenue is
5089	5089	26 dedicated, then aviation fuel is excluded from the additional
5090	5090
5091	5091
5092	5092
5093	5093
5094	5094
5095	5095	SB1938 - 142 - LRB104 12003 RTM 22098 b
5096	5096
5097	5097
5098	5098	SB1938- 143 -LRB104 12003 RTM 22098 b SB1938 - 143 - LRB104 12003 RTM 22098 b
5099	5099	SB1938 - 143 - LRB104 12003 RTM 22098 b
5100	5100	1 0.50% of the 0.75% tax. The tax imposed under this Section and
5101	5101	2 all civil penalties that may be assessed as an incident
5102	5102	3 thereof shall be collected and enforced by the State
5103	5103	4 Department of Revenue. The Department shall have full power to
5104	5104	5 administer and enforce this Section; to collect all taxes and
5105	5105	6 penalties so collected in the manner hereinafter provided; and
5106	5106	7 to determine all rights to credit memoranda arising on account
5107	5107	8 of the erroneous payment of tax or penalty hereunder. In the
5108	5108	9 administration of, and compliance with this Section, the
5109	5109	10 Department and persons who are subject to this Section shall
5110	5110	11 have the same rights, remedies, privileges, immunities,
5111	5111	12 powers, and duties, and be subject to the same conditions,
5112	5112	13 restrictions, limitations, penalties, exclusions, exemptions,
5113	5113	14 and definitions of terms, and employ the same modes of
5114	5114	15 procedure, as are prescribed in Sections 1, 1a, 1a-1, 1c, 1d,
5115	5115	16 1e, 1f, 1i, 1j, 2 through 2-65 (in respect to all provisions
5116	5116	17 therein other than the State rate of tax), 2c, 3 (except as to
5117	5117	18 the disposition of taxes and penalties collected, and except
5118	5118	19 that the retailer's discount is not allowed for taxes paid on
5119	5119	20 aviation fuel that are subject to the revenue use requirements
5120	5120	21 of 49 U.S.C. 47107(b) and 49 U.S.C. 47133), 4, 5, 5a, 5b, 5c,
5121	5121	22 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 6d, 7, 8, 9,
5122	5122	23 10, 11, 12, and 13 of the Retailers' Occupation Tax Act and
5123	5123	24 Section 3-7 of the Uniform Penalty and Interest Act, as fully
5124	5124	25 as if those provisions were set forth herein.
5125	5125	26 The Board and DuPage, Kane, Lake, McHenry, and Will
5126	5126
5127	5127
5128	5128
5129	5129
5130	5130
5131	5131	SB1938 - 143 - LRB104 12003 RTM 22098 b
5132	5132
5133	5133
5134	5134	SB1938- 144 -LRB104 12003 RTM 22098 b SB1938 - 144 - LRB104 12003 RTM 22098 b
5135	5135	SB1938 - 144 - LRB104 12003 RTM 22098 b
5136	5136	1 counties must comply with the certification requirements for
5137	5137	2 airport-related purposes under Section 2-22 of the Retailers'
5138	5138	3 Occupation Tax Act. For purposes of this Section,
5139	5139	4 "airport-related purposes" has the meaning ascribed in Section
5140	5140	5 6z-20.2 of the State Finance Act. This exclusion for aviation
5141	5141	6 fuel only applies for so long as the revenue use requirements
5142	5142	7 of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the
5143	5143	8 Authority.
5144	5144	9 Persons subject to any tax imposed under the authority
5145	5145	10 granted in this Section may reimburse themselves for their
5146	5146	11 seller's tax liability hereunder by separately stating the tax
5147	5147	12 as an additional charge, which charge may be stated in
5148	5148	13 combination in a single amount with State taxes that sellers
5149	5149	14 are required to collect under the Use Tax Act, under any
5150	5150	15 bracket schedules the Department may prescribe.
5151	5151	16 Whenever the Department determines that a refund should be
5152	5152	17 made under this Section to a claimant instead of issuing a
5153	5153	18 credit memorandum, the Department shall notify the State
5154	5154	19 Comptroller, who shall cause the warrant to be drawn for the
5155	5155	20 amount specified, and to the person named, in the notification
5156	5156	21 from the Department. The refund shall be paid by the State
5157	5157	22 Treasurer out of the Regional Transportation Authority tax
5158	5158	23 fund established under paragraph (n) of this Section or the
5159	5159	24 Local Government Aviation Trust Fund, as appropriate.
5160	5160	25 If a tax is imposed under this subsection (e), a tax shall
5161	5161	26 also be imposed under subsections (f) and (g) of this Section.
5162	5162
5163	5163
5164	5164
5165	5165
5166	5166
5167	5167	SB1938 - 144 - LRB104 12003 RTM 22098 b
5168	5168
5169	5169
5170	5170	SB1938- 145 -LRB104 12003 RTM 22098 b SB1938 - 145 - LRB104 12003 RTM 22098 b
5171	5171	SB1938 - 145 - LRB104 12003 RTM 22098 b
5172	5172	1 For the purpose of determining whether a tax authorized
5173	5173	2 under this Section is applicable, a retail sale by a producer
5174	5174	3 of coal or other mineral mined in Illinois, is a sale at retail
5175	5175	4 at the place where the coal or other mineral mined in Illinois
5176	5176	5 is extracted from the earth. This paragraph does not apply to
5177	5177	6 coal or other mineral when it is delivered or shipped by the
5178	5178	7 seller to the purchaser at a point outside Illinois so that the
5179	5179	8 sale is exempt under the Federal Constitution as a sale in
5180	5180	9 interstate or foreign commerce.
5181	5181	10 No tax shall be imposed or collected under this subsection
5182	5182	11 on the sale of a motor vehicle in this State to a resident of
5183	5183	12 another state if that motor vehicle will not be titled in this
5184	5184	13 State.
5185	5185	14 Nothing in this Section shall be construed to authorize
5186	5186	15 the Regional Transportation Authority to impose a tax upon the
5187	5187	16 privilege of engaging in any business that under the
5188	5188	17 Constitution of the United States may not be made the subject
5189	5189	18 of taxation by this State.
5190	5190	19 (f) If a tax has been imposed under paragraph (e), a
5191	5191	20 Regional Transportation Authority Service Occupation Tax shall
5192	5192	21 also be imposed upon all persons engaged, in the metropolitan
5193	5193	22 region in the business of making sales of service, who, as an
5194	5194	23 incident to making the sales of service, transfer tangible
5195	5195	24 personal property within the metropolitan region, either in
5196	5196	25 the form of tangible personal property or in the form of real
5197	5197	26 estate as an incident to a sale of service. In Cook County, the
5198	5198
5199	5199
5200	5200
5201	5201
5202	5202
5203	5203	SB1938 - 145 - LRB104 12003 RTM 22098 b
5204	5204
5205	5205
5206	5206	SB1938- 146 -LRB104 12003 RTM 22098 b SB1938 - 146 - LRB104 12003 RTM 22098 b
5207	5207	SB1938 - 146 - LRB104 12003 RTM 22098 b
5208	5208	1 tax rate shall be: (1) 1.25% of the serviceman's cost price of
5209	5209	2 food prepared for immediate consumption and transferred
5210	5210	3 incident to a sale of service subject to the service
5211	5211	4 occupation tax by an entity that is located in the
5212	5212	5 metropolitan region and that is licensed under the Hospital
5213	5213	6 Licensing Act, the Nursing Home Care Act, the Assisted Living
5214	5214	7 and Shared Housing Act, the Specialized Mental Health
5215	5215	8 Rehabilitation Act of 2013, the ID/DD Community Care Act, the
5216	5216	9 MC/DD Act, or the Child Care Act of 1969, or an entity that
5217	5217	10 holds a permit issued pursuant to the Life Care Facilities
5218	5218	11 Act; (2) 1.25% of the selling price of food for human
5219	5219	12 consumption that is to be consumed off the premises where it is
5220	5220	13 sold (other than alcoholic beverages, food consisting of or
5221	5221	14 infused with adult use cannabis, soft drinks, candy, and food
5222	5222	15 that has been prepared for immediate consumption) and tangible
5223	5223	16 personal property taxed at the 1% rate under the Service
5224	5224	17 Occupation Tax Act; and (3) 1% of the selling price from other
5225	5225	18 taxable sales of tangible personal property transferred. In
5226	5226	19 DuPage, Kane, Lake, McHenry, and Will counties, the rate shall
5227	5227	20 be 0.75% of the selling price of all tangible personal
5228	5228	21 property transferred. The rate of tax imposed in DuPage, Kane,
5229	5229	22 Lake, McHenry, and Will counties under this Section on sales
5230	5230	23 of aviation fuel on or after December 1, 2019 shall, however,
5231	5231	24 be 0.25% unless the Regional Transportation Authority in
5232	5232	25 DuPage, Kane, Lake, McHenry, and Will counties has an
5233	5233	26 "airport-related purpose" and the additional 0.50% of the
5234	5234
5235	5235
5236	5236
5237	5237
5238	5238
5239	5239	SB1938 - 146 - LRB104 12003 RTM 22098 b
5240	5240
5241	5241
5242	5242	SB1938- 147 -LRB104 12003 RTM 22098 b SB1938 - 147 - LRB104 12003 RTM 22098 b
5243	5243	SB1938 - 147 - LRB104 12003 RTM 22098 b
5244	5244	1 0.75% tax on aviation fuel is expended for airport-related
5245	5245	2 purposes. If there is no airport-related purpose to which
5246	5246	3 aviation fuel tax revenue is dedicated, then aviation fuel is
5247	5247	4 excluded from the additional 0.5% of the 0.75% tax.
5248	5248	5 The Board and DuPage, Kane, Lake, McHenry, and Will
5249	5249	6 counties must comply with the certification requirements for
5250	5250	7 airport-related purposes under Section 2-22 of the Retailers'
5251	5251	8 Occupation Tax Act. For purposes of this Section,
5252	5252	9 "airport-related purposes" has the meaning ascribed in Section
5253	5253	10 6z-20.2 of the State Finance Act. This exclusion for aviation
5254	5254	11 fuel only applies for so long as the revenue use requirements
5255	5255	12 of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the
5256	5256	13 Authority.
5257	5257	14 The tax imposed under this paragraph and all civil
5258	5258	15 penalties that may be assessed as an incident thereof shall be
5259	5259	16 collected and enforced by the State Department of Revenue. The
5260	5260	17 Department shall have full power to administer and enforce
5261	5261	18 this paragraph; to collect all taxes and penalties due
5262	5262	19 hereunder; to dispose of taxes and penalties collected in the
5263	5263	20 manner hereinafter provided; and to determine all rights to
5264	5264	21 credit memoranda arising on account of the erroneous payment
5265	5265	22 of tax or penalty hereunder. In the administration of and
5266	5266	23 compliance with this paragraph, the Department and persons who
5267	5267	24 are subject to this paragraph shall have the same rights,
5268	5268	25 remedies, privileges, immunities, powers, and duties, and be
5269	5269	26 subject to the same conditions, restrictions, limitations,
5270	5270
5271	5271
5272	5272
5273	5273
5274	5274
5275	5275	SB1938 - 147 - LRB104 12003 RTM 22098 b
5276	5276
5277	5277
5278	5278	SB1938- 148 -LRB104 12003 RTM 22098 b SB1938 - 148 - LRB104 12003 RTM 22098 b
5279	5279	SB1938 - 148 - LRB104 12003 RTM 22098 b
5280	5280	1 penalties, exclusions, exemptions, and definitions of terms,
5281	5281	2 and employ the same modes of procedure, as are prescribed in
5282	5282	3 Sections 1a-1, 2, 2a, 3 through 3-50 (in respect to all
5283	5283	4 provisions therein other than the State rate of tax), 4
5284	5284	5 (except that the reference to the State shall be to the
5285	5285	6 Authority), 5, 7, 8 (except that the jurisdiction to which the
5286	5286	7 tax shall be a debt to the extent indicated in that Section 8
5287	5287	8 shall be the Authority), 9 (except as to the disposition of
5288	5288	9 taxes and penalties collected, and except that the returned
5289	5289	10 merchandise credit for this tax may not be taken against any
5290	5290	11 State tax, and except that the retailer's discount is not
5291	5291	12 allowed for taxes paid on aviation fuel that are subject to the
5292	5292	13 revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C.
5293	5293	14 47133), 10, 11, 12 (except the reference therein to Section 2b
5294	5294	15 of the Retailers' Occupation Tax Act), 13 (except that any
5295	5295	16 reference to the State shall mean the Authority), the first
5296	5296	17 paragraph of Section 15, 16, 17, 18, 19, and 20 of the Service
5297	5297	18 Occupation Tax Act and Section 3-7 of the Uniform Penalty and
5298	5298	19 Interest Act, as fully as if those provisions were set forth
5299	5299	20 herein.
5300	5300	21 Persons subject to any tax imposed under the authority
5301	5301	22 granted in this paragraph may reimburse themselves for their
5302	5302	23 serviceman's tax liability hereunder by separately stating the
5303	5303	24 tax as an additional charge, that charge may be stated in
5304	5304	25 combination in a single amount with State tax that servicemen
5305	5305	26 are authorized to collect under the Service Use Tax Act, under
5306	5306
5307	5307
5308	5308
5309	5309
5310	5310
5311	5311	SB1938 - 148 - LRB104 12003 RTM 22098 b
5312	5312
5313	5313
5314	5314	SB1938- 149 -LRB104 12003 RTM 22098 b SB1938 - 149 - LRB104 12003 RTM 22098 b
5315	5315	SB1938 - 149 - LRB104 12003 RTM 22098 b
5316	5316	1 any bracket schedules the Department may prescribe.
5317	5317	2 Whenever the Department determines that a refund should be
5318	5318	3 made under this paragraph to a claimant instead of issuing a
5319	5319	4 credit memorandum, the Department shall notify the State
5320	5320	5 Comptroller, who shall cause the warrant to be drawn for the
5321	5321	6 amount specified, and to the person named in the notification
5322	5322	7 from the Department. The refund shall be paid by the State
5323	5323	8 Treasurer out of the Regional Transportation Authority tax
5324	5324	9 fund established under paragraph (n) of this Section or the
5325	5325	10 Local Government Aviation Trust Fund, as appropriate.
5326	5326	11 Nothing in this paragraph shall be construed to authorize
5327	5327	12 the Authority to impose a tax upon the privilege of engaging in
5328	5328	13 any business that under the Constitution of the United States
5329	5329	14 may not be made the subject of taxation by the State.
5330	5330	15 (g) If a tax has been imposed under paragraph (e), a tax
5331	5331	16 shall also be imposed upon the privilege of using in the
5332	5332	17 metropolitan region, any item of tangible personal property
5333	5333	18 that is purchased outside the metropolitan region at retail
5334	5334	19 from a retailer, and that is titled or registered with an
5335	5335	20 agency of this State's government. In Cook County, the tax
5336	5336	21 rate shall be 1% of the selling price of the tangible personal
5337	5337	22 property, as "selling price" is defined in the Use Tax Act. In
5338	5338	23 DuPage, Kane, Lake, McHenry, and Will counties, the tax rate
5339	5339	24 shall be 0.75% of the selling price of the tangible personal
5340	5340	25 property, as "selling price" is defined in the Use Tax Act. The
5341	5341	26 tax shall be collected from persons whose Illinois address for
5342	5342
5343	5343
5344	5344
5345	5345
5346	5346
5347	5347	SB1938 - 149 - LRB104 12003 RTM 22098 b
5348	5348
5349	5349
5350	5350	SB1938- 150 -LRB104 12003 RTM 22098 b SB1938 - 150 - LRB104 12003 RTM 22098 b
5351	5351	SB1938 - 150 - LRB104 12003 RTM 22098 b
5352	5352	1 titling or registration purposes is given as being in the
5353	5353	2 metropolitan region. The tax shall be collected by the
5354	5354	3 Department of Revenue for the Regional Transportation
5355	5355	4 Authority. The tax must be paid to the State, or an exemption
5356	5356	5 determination must be obtained from the Department of Revenue,
5357	5357	6 before the title or certificate of registration for the
5358	5358	7 property may be issued. The tax or proof of exemption may be
5359	5359	8 transmitted to the Department by way of the State agency with
5360	5360	9 which, or the State officer with whom, the tangible personal
5361	5361	10 property must be titled or registered if the Department and
5362	5362	11 the State agency or State officer determine that this
5363	5363	12 procedure will expedite the processing of applications for
5364	5364	13 title or registration.
5365	5365	14 The Department shall have full power to administer and
5366	5366	15 enforce this paragraph; to collect all taxes, penalties, and
5367	5367	16 interest due hereunder; to dispose of taxes, penalties, and
5368	5368	17 interest collected in the manner hereinafter provided; and to
5369	5369	18 determine all rights to credit memoranda or refunds arising on
5370	5370	19 account of the erroneous payment of tax, penalty, or interest
5371	5371	20 hereunder. In the administration of and compliance with this
5372	5372	21 paragraph, the Department and persons who are subject to this
5373	5373	22 paragraph shall have the same rights, remedies, privileges,
5374	5374	23 immunities, powers, and duties, and be subject to the same
5375	5375	24 conditions, restrictions, limitations, penalties, exclusions,
5376	5376	25 exemptions, and definitions of terms and employ the same modes
5377	5377	26 of procedure, as are prescribed in Sections 2 (except the
5378	5378
5379	5379
5380	5380
5381	5381
5382	5382
5383	5383	SB1938 - 150 - LRB104 12003 RTM 22098 b
5384	5384
5385	5385
5386	5386	SB1938- 151 -LRB104 12003 RTM 22098 b SB1938 - 151 - LRB104 12003 RTM 22098 b
5387	5387	SB1938 - 151 - LRB104 12003 RTM 22098 b
5388	5388	1 definition of "retailer maintaining a place of business in
5389	5389	2 this State"), 3 through 3-80 (except provisions pertaining to
5390	5390	3 the State rate of tax, and except provisions concerning
5391	5391	4 collection or refunding of the tax by retailers), 4, 11, 12,
5392	5392	5 12a, 14, 15, 19 (except the portions pertaining to claims by
5393	5393	6 retailers and except the last paragraph concerning refunds),
5394	5394	7 20, 21, and 22 of the Use Tax Act, and are not inconsistent
5395	5395	8 with this paragraph, as fully as if those provisions were set
5396	5396	9 forth herein.
5397	5397	10 Whenever the Department determines that a refund should be
5398	5398	11 made under this paragraph to a claimant instead of issuing a
5399	5399	12 credit memorandum, the Department shall notify the State
5400	5400	13 Comptroller, who shall cause the order to be drawn for the
5401	5401	14 amount specified, and to the person named in the notification
5402	5402	15 from the Department. The refund shall be paid by the State
5403	5403	16 Treasurer out of the Regional Transportation Authority tax
5404	5404	17 fund established under paragraph (n) of this Section.
5405	5405	18 (g-5) If, on January 1, 2025, a unit of local government
5406	5406	19 has in effect a tax under subsections (e), (f), and (g), or if,
5407	5407	20 after January 1, 2025, a unit of local government imposes a tax
5408	5408	21 under subsections (e), (f), and (g), then that tax applies to
5409	5409	22 leases of tangible personal property in effect, entered into,
5410	5410	23 or renewed on or after that date in the same manner as the tax
5411	5411	24 under this Section and in accordance with the changes made by
5412	5412	25 Public Act 103-592 this amendatory Act of the 103rd General
5413	5413	26 Assembly.
5414	5414
5415	5415
5416	5416
5417	5417
5418	5418
5419	5419	SB1938 - 151 - LRB104 12003 RTM 22098 b
5420	5420
5421	5421
5422	5422	SB1938- 152 -LRB104 12003 RTM 22098 b SB1938 - 152 - LRB104 12003 RTM 22098 b
5423	5423	SB1938 - 152 - LRB104 12003 RTM 22098 b
5424	5424	1 (h) The Authority may impose a replacement vehicle tax of
5425	5425	2 $50 on any passenger car as defined in Section 1-157 of the
5426	5426	3 Illinois Vehicle Code purchased within the metropolitan region
5427	5427	4 by or on behalf of an insurance company to replace a passenger
5428	5428	5 car of an insured person in settlement of a total loss claim.
5429	5429	6 The tax imposed may not become effective before the first day
5430	5430	7 of the month following the passage of the ordinance imposing
5431	5431	8 the tax and receipt of a certified copy of the ordinance by the
5432	5432	9 Department of Revenue. The Department of Revenue shall collect
5433	5433	10 the tax for the Authority in accordance with Sections 3-2002
5434	5434	11 and 3-2003 of the Illinois Vehicle Code.
5435	5435	12 The Department shall immediately pay over to the State
5436	5436	13 Treasurer, ex officio, as trustee, all taxes collected
5437	5437	14 hereunder.
5438	5438	15 As soon as possible after the first day of each month,
5439	5439	16 beginning January 1, 2011, upon certification of the
5440	5440	17 Department of Revenue, the Comptroller shall order
5441	5441	18 transferred, and the Treasurer shall transfer, to the STAR
5442	5442	19 Bonds Revenue Fund the local sales tax increment, as defined
5443	5443	20 in the Innovation Development and Economy Act, collected under
5444	5444	21 this Section during the second preceding calendar month for
5445	5445	22 sales within a STAR bond district.
5446	5446	23 After the monthly transfer to the STAR Bonds Revenue Fund,
5447	5447	24 on or before the 25th day of each calendar month, the
5448	5448	25 Department shall prepare and certify to the Comptroller the
5449	5449	26 disbursement of stated sums of money to the Authority. The
5450	5450
5451	5451
5452	5452
5453	5453
5454	5454
5455	5455	SB1938 - 152 - LRB104 12003 RTM 22098 b
5456	5456
5457	5457
5458	5458	SB1938- 153 -LRB104 12003 RTM 22098 b SB1938 - 153 - LRB104 12003 RTM 22098 b
5459	5459	SB1938 - 153 - LRB104 12003 RTM 22098 b
5460	5460	1 amount to be paid to the Authority shall be the amount
5461	5461	2 collected hereunder during the second preceding calendar month
5462	5462	3 by the Department, less any amount determined by the
5463	5463	4 Department to be necessary for the payment of refunds, and
5464	5464	5 less any amounts that are transferred to the STAR Bonds
5465	5465	6 Revenue Fund. Within 10 days after receipt by the Comptroller
5466	5466	7 of the disbursement certification to the Authority provided
5467	5467	8 for in this Section to be given to the Comptroller by the
5468	5468	9 Department, the Comptroller shall cause the orders to be drawn
5469	5469	10 for that amount in accordance with the directions contained in
5470	5470	11 the certification.
5471	5471	12 (i) The Board may not impose any other taxes except as it
5472	5472	13 may from time to time be authorized by law to impose.
5473	5473	14 (j) A certificate of registration issued by the State
5474	5474	15 Department of Revenue to a retailer under the Retailers'
5475	5475	16 Occupation Tax Act or under the Service Occupation Tax Act
5476	5476	17 shall permit the registrant to engage in a business that is
5477	5477	18 taxed under the tax imposed under paragraphs (b), (e), (f) or
5478	5478	19 (g) of this Section and no additional registration shall be
5479	5479	20 required under the tax. A certificate issued under the Use Tax
5480	5480	21 Act or the Service Use Tax Act shall be applicable with regard
5481	5481	22 to any tax imposed under paragraph (c) of this Section.
5482	5482	23 (k) The provisions of any tax imposed under paragraph (c)
5483	5483	24 of this Section shall conform as closely as may be practicable
5484	5484	25 to the provisions of the Use Tax Act, including, without
5485	5485	26 limitation, conformity as to penalties with respect to the tax
5486	5486
5487	5487
5488	5488
5489	5489
5490	5490
5491	5491	SB1938 - 153 - LRB104 12003 RTM 22098 b
5492	5492
5493	5493
5494	5494	SB1938- 154 -LRB104 12003 RTM 22098 b SB1938 - 154 - LRB104 12003 RTM 22098 b
5495	5495	SB1938 - 154 - LRB104 12003 RTM 22098 b
5496	5496	1 imposed and as to the powers of the State Department of Revenue
5497	5497	2 to promulgate and enforce rules and regulations relating to
5498	5498	3 the administration and enforcement of the provisions of the
5499	5499	4 tax imposed. The taxes shall be imposed only on use within the
5500	5500	5 metropolitan region and at rates as provided in the paragraph.
5501	5501	6 (l) The Board in imposing any tax as provided in
5502	5502	7 paragraphs (b) and (c) of this Section, shall, after seeking
5503	5503	8 the advice of the State Department of Revenue, provide means
5504	5504	9 for retailers, users or purchasers of motor fuel for purposes
5505	5505	10 other than those with regard to which the taxes may be imposed
5506	5506	11 as provided in those paragraphs to receive refunds of taxes
5507	5507	12 improperly paid, which provisions may be at variance with the
5508	5508	13 refund provisions as applicable under the Municipal Retailers
5509	5509	14 Occupation Tax Act. The State Department of Revenue may
5510	5510	15 provide for certificates of registration for users or
5511	5511	16 purchasers of motor fuel for purposes other than those with
5512	5512	17 regard to which taxes may be imposed as provided in paragraphs
5513	5513	18 (b) and (c) of this Section to facilitate the reporting and
5514	5514	19 nontaxability of the exempt sales or uses.
5515	5515	20 (m) Any ordinance imposing or discontinuing any tax under
5516	5516	21 this Section shall be adopted and a certified copy thereof
5517	5517	22 filed with the Department on or before June 1, whereupon the
5518	5518	23 Department of Revenue shall proceed to administer and enforce
5519	5519	24 this Section on behalf of the Regional Transportation
5520	5520	25 Authority as of September 1 next following such adoption and
5521	5521	26 filing. Beginning January 1, 1992, an ordinance or resolution
5522	5522
5523	5523
5524	5524
5525	5525
5526	5526
5527	5527	SB1938 - 154 - LRB104 12003 RTM 22098 b
5528	5528
5529	5529
5530	5530	SB1938- 155 -LRB104 12003 RTM 22098 b SB1938 - 155 - LRB104 12003 RTM 22098 b
5531	5531	SB1938 - 155 - LRB104 12003 RTM 22098 b
5532	5532	1 imposing or discontinuing the tax hereunder shall be adopted
5533	5533	2 and a certified copy thereof filed with the Department on or
5534	5534	3 before the first day of July, whereupon the Department shall
5535	5535	4 proceed to administer and enforce this Section as of the first
5536	5536	5 day of October next following such adoption and filing.
5537	5537	6 Beginning January 1, 1993, an ordinance or resolution
5538	5538	7 imposing, increasing, decreasing, or discontinuing the tax
5539	5539	8 hereunder shall be adopted and a certified copy thereof filed
5540	5540	9 with the Department, whereupon the Department shall proceed to
5541	5541	10 administer and enforce this Section as of the first day of the
5542	5542	11 first month to occur not less than 60 days following such
5543	5543	12 adoption and filing. Any ordinance or resolution of the
5544	5544	13 Authority imposing a tax under this Section and in effect on
5545	5545	14 August 1, 2007 shall remain in full force and effect and shall
5546	5546	15 be administered by the Department of Revenue under the terms
5547	5547	16 and conditions and rates of tax established by such ordinance
5548	5548	17 or resolution until the Department begins administering and
5549	5549	18 enforcing an increased tax under this Section as authorized by
5550	5550	19 Public Act 95-708. The tax rates authorized by Public Act
5551	5551	20 95-708 are effective only if imposed by ordinance of the
5552	5552	21 Authority.
5553	5553	22 (n) Except as otherwise provided in this subsection (n),
5554	5554	23 the State Department of Revenue shall, upon collecting any
5555	5555	24 taxes as provided in this Section, pay the taxes over to the
5556	5556	25 State Treasurer as trustee for the Authority. The taxes shall
5557	5557	26 be held in a trust fund outside the State Treasury. If an
5558	5558
5559	5559
5560	5560
5561	5561
5562	5562
5563	5563	SB1938 - 155 - LRB104 12003 RTM 22098 b
5564	5564
5565	5565
5566	5566	SB1938- 156 -LRB104 12003 RTM 22098 b SB1938 - 156 - LRB104 12003 RTM 22098 b
5567	5567	SB1938 - 156 - LRB104 12003 RTM 22098 b
5568	5568	1 airport-related purpose has been certified, taxes and
5569	5569	2 penalties collected in DuPage, Kane, Lake, McHenry and Will
5570	5570	3 counties on aviation fuel sold on or after December 1, 2019
5571	5571	4 from the 0.50% of the 0.75% rate shall be immediately paid over
5572	5572	5 by the Department to the State Treasurer, ex officio, as
5573	5573	6 trustee, for deposit into the Local Government Aviation Trust
5574	5574	7 Fund. The Department shall only pay moneys into the Local
5575	5575	8 Government Aviation Trust Fund under this Act for so long as
5576	5576	9 the revenue use requirements of 49 U.S.C. 47107(b) and 49
5577	5577	10 U.S.C. 47133 are binding on the Authority. On or before the
5578	5578	11 25th day of each calendar month, the State Department of
5579	5579	12 Revenue shall prepare and certify to the Comptroller of the
5580	5580	13 State of Illinois and to the Authority (i) the amount of taxes
5581	5581	14 collected in each county other than Cook County in the
5582	5582	15 metropolitan region, (not including, if an airport-related
5583	5583	16 purpose has been certified, the taxes and penalties collected
5584	5584	17 from the 0.50% of the 0.75% rate on aviation fuel sold on or
5585	5585	18 after December 1, 2019 that are deposited into the Local
5586	5586	19 Government Aviation Trust Fund) (ii) the amount of taxes
5587	5587	20 collected within the City of Chicago, and (iii) the amount
5588	5588	21 collected in that portion of Cook County outside of Chicago,
5589	5589	22 each amount less the amount necessary for the payment of
5590	5590	23 refunds to taxpayers located in those areas described in items
5591	5591	24 (i), (ii), and (iii), and less 1.5% of the remainder, which
5592	5592	25 shall be transferred from the trust fund into the Tax
5593	5593	26 Compliance and Administration Fund. The Department, at the
5594	5594
5595	5595
5596	5596
5597	5597
5598	5598
5599	5599	SB1938 - 156 - LRB104 12003 RTM 22098 b
5600	5600
5601	5601
5602	5602	SB1938- 157 -LRB104 12003 RTM 22098 b SB1938 - 157 - LRB104 12003 RTM 22098 b
5603	5603	SB1938 - 157 - LRB104 12003 RTM 22098 b
5604	5604	1 time of each monthly disbursement to the Authority, shall
5605	5605	2 prepare and certify to the State Comptroller the amount to be
5606	5606	3 transferred into the Tax Compliance and Administration Fund
5607	5607	4 under this subsection. Within 10 days after receipt by the
5608	5608	5 Comptroller of the certification of the amounts, the
5609	5609	6 Comptroller shall cause an order to be drawn for the transfer
5610	5610	7 of the amount certified into the Tax Compliance and
5611	5611	8 Administration Fund and the payment of two-thirds of the
5612	5612	9 amounts certified in item (i) of this subsection to the
5613	5613	10 Authority and one-third of the amounts certified in item (i)
5614	5614	11 of this subsection to the respective counties other than Cook
5615	5615	12 County and the amount certified in items (ii) and (iii) of this
5616	5616	13 subsection to the Authority.
5617	5617	14 In addition to the disbursement required by the preceding
5618	5618	15 paragraph, an allocation shall be made in July 1991 and each
5619	5619	16 year thereafter to the Regional Transportation Authority. The
5620	5620	17 allocation shall be made in an amount equal to the average
5621	5621	18 monthly distribution during the preceding calendar year
5622	5622	19 (excluding the 2 months of lowest receipts) and the allocation
5623	5623	20 shall include the amount of average monthly distribution from
5624	5624	21 the Regional Transportation Authority Occupation and Use Tax
5625	5625	22 Replacement Fund. The distribution made in July 1992 and each
5626	5626	23 year thereafter under this paragraph and the preceding
5627	5627	24 paragraph shall be reduced by the amount allocated and
5628	5628	25 disbursed under this paragraph in the preceding calendar year.
5629	5629	26 The Department of Revenue shall prepare and certify to the
5630	5630
5631	5631
5632	5632
5633	5633
5634	5634
5635	5635	SB1938 - 157 - LRB104 12003 RTM 22098 b
5636	5636
5637	5637
5638	5638	SB1938- 158 -LRB104 12003 RTM 22098 b SB1938 - 158 - LRB104 12003 RTM 22098 b
5639	5639	SB1938 - 158 - LRB104 12003 RTM 22098 b
5640	5640	1 Comptroller for disbursement the allocations made in
5641	5641	2 accordance with this paragraph.
5642	5642	3 (o) Failure to adopt a budget ordinance or otherwise to
5643	5643	4 comply with Section 4.01 of this Act or to adopt a Five-year
5644	5644	5 Capital Program or otherwise to comply with paragraph (b) of
5645	5645	6 Section 2.01 of this Act shall not affect the validity of any
5646	5646	7 tax imposed by the Authority otherwise in conformity with law.
5647	5647	8 (p) At no time shall a public transportation tax or motor
5648	5648	9 vehicle parking tax authorized under paragraphs (b), (c), and
5649	5649	10 (d) of this Section be in effect at the same time as any
5650	5650	11 retailers' occupation, use or service occupation tax
5651	5651	12 authorized under paragraphs (e), (f), and (g) of this Section
5652	5652	13 is in effect.
5653	5653	14 Any taxes imposed under the authority provided in
5654	5654	15 paragraphs (b), (c), and (d) shall remain in effect only until
5655	5655	16 the time as any tax authorized by paragraph (e), (f), or (g) of
5656	5656	17 this Section is are imposed and becomes effective. Once any
5657	5657	18 tax authorized by paragraph (e), (f), or (g) is imposed the
5658	5658	19 Board may not reimpose taxes as authorized in paragraphs (b),
5659	5659	20 (c), and (d) of the Section unless any tax authorized by
5660	5660	21 paragraph (e), (f), or (g) of this Section becomes ineffective
5661	5661	22 by means other than an ordinance of the Board.
5662	5662	23 (q) Any existing rights, remedies and obligations
5663	5663	24 (including enforcement by the Regional Transportation
5664	5664	25 Authority) arising under any tax imposed under paragraph (b),
5665	5665	26 (c), or (d) of this Section shall not be affected by the
5666	5666
5667	5667
5668	5668
5669	5669
5670	5670
5671	5671	SB1938 - 158 - LRB104 12003 RTM 22098 b
5672	5672
5673	5673
5674	5674	SB1938- 159 -LRB104 12003 RTM 22098 b SB1938 - 159 - LRB104 12003 RTM 22098 b
5675	5675	SB1938 - 159 - LRB104 12003 RTM 22098 b
5676	5676	1 imposition of a tax under paragraph (e), (f), or (g) of this
5677	5677	2 Section.
5678	5678	3 (Source: P.A. 102-700, eff. 4-19-22; 103-592, eff. 1-1-25;
5679	5679	4 103-781, eff. 8-5-24; revised 11-26-24.)
5680	5680	5 (70 ILCS 3615/4.03.3)
5681	5681	6 Sec. 4.03.3. Distribution of Revenues. This Section
5682	5682	7 applies only after the Department begins administering and
5683	5683	8 enforcing an increased tax under Section 4.03(m) as authorized
5684	5684	9 by this amendatory Act of the 95th General Assembly. After
5685	5685	10 providing for payment of its obligations with respect to bonds
5686	5686	11 and notes issued under the provisions of Section 4.04 and
5687	5687	12 obligations related to those bonds and notes and separately
5688	5688	13 accounting for the tax on aviation fuel deposited into the
5689	5689	14 Local Government Aviation Trust Fund, the Authority shall
5690	5690	15 disburse the remaining proceeds from taxes it has received
5691	5691	16 from the Department of Revenue under this Article IV and the
5692	5692	17 remaining proceeds it has received from the State under
5693	5693	18 Section 4.09(a) as follows:
5694	5694	19 (a) With respect to taxes imposed by the Authority under
5695	5695	20 Section 4.03, after withholding 15% of 80% of the receipts
5696	5696	21 from those taxes collected in Cook County at a rate of 1.25%,
5697	5697	22 15% of 75% of the receipts from those taxes collected in Cook
5698	5698	23 County at the rate of 1%, 15% of one-half of the receipts from
5699	5699	24 those taxes collected in DuPage, Kane, Lake, McHenry, and Will
5700	5700	25 Counties, and 15% of money received by the Authority from the
5701	5701
5702	5702
5703	5703
5704	5704
5705	5705
5706	5706	SB1938 - 159 - LRB104 12003 RTM 22098 b
5707	5707
5708	5708
5709	5709	SB1938- 160 -LRB104 12003 RTM 22098 b SB1938 - 160 - LRB104 12003 RTM 22098 b
5710	5710	SB1938 - 160 - LRB104 12003 RTM 22098 b
5711	5711	1 Regional Transportation Authority Occupation and Use Tax
5712	5712	2 Replacement Fund or from the Regional Transportation Authority
5713	5713	3 tax fund created in Section 4.03(n), the Board shall allocate
5714	5714	4 the proceeds and money remaining to the Service Boards as
5715	5715	5 follows:
5716	5716	6 (1) an amount equal to (i) 85% of 80% of the receipts
5717	5717	7 from those taxes collected within the City of Chicago at a
5718	5718	8 rate of 1.25%, (ii) 85% of 75% of the receipts from those
5719	5719	9 taxes collected in the City of Chicago at the rate of 1%,
5720	5720	10 and (iii) 85% of the money received by the Authority on
5721	5721	11 account of transfers to the Regional Transportation
5722	5722	12 Authority Occupation and Use Tax Replacement Fund or to
5723	5723	13 the Regional Transportation Authority tax fund created in
5724	5724	14 Section 4.03(n) from the County and Mass Transit District
5725	5725	15 Fund attributable to retail sales within the City of
5726	5726	16 Chicago shall be allocated to the Chicago Transit
5727	5727	17 Authority;
5728	5728	18 (2) an amount equal to (i) 85% of 80% of the receipts
5729	5729	19 from those taxes collected within Cook County outside of
5730	5730	20 the City of Chicago at a rate of 1.25%, (ii) 85% of 75% of
5731	5731	21 the receipts from those taxes collected within Cook County
5732	5732	22 outside the City of Chicago at a rate of 1%, and (iii) 85%
5733	5733	23 of the money received by the Authority on account of
5734	5734	24 transfers to the Regional Transportation Authority
5735	5735	25 Occupation and Use Tax Replacement Fund or to the Regional
5736	5736	26 Transportation Authority tax fund created in Section
5737	5737
5738	5738
5739	5739
5740	5740
5741	5741
5742	5742	SB1938 - 160 - LRB104 12003 RTM 22098 b
5743	5743
5744	5744
5745	5745	SB1938- 161 -LRB104 12003 RTM 22098 b SB1938 - 161 - LRB104 12003 RTM 22098 b
5746	5746	SB1938 - 161 - LRB104 12003 RTM 22098 b
5747	5747	1 4.03(n) from the County and Mass Transit District Fund
5748	5748	2 attributable to retail sales within Cook County outside of
5749	5749	3 the City of Chicago shall be allocated 30% to the Chicago
5750	5750	4 Transit Authority, 55% to the Commuter Rail Board, and 15%
5751	5751	5 to the Suburban Bus Board; and
5752	5752	6 (3) an amount equal to 85% of one-half of the receipts
5753	5753	7 from the taxes collected within the Counties of DuPage,
5754	5754	8 Kane, Lake, McHenry, and Will shall be allocated 70% to
5755	5755	9 the Commuter Rail Board and 30% to the Suburban Bus Board.
5756	5756	10 (b) Moneys received by the Authority on account of
5757	5757	11 transfers to the Regional Transportation Authority Occupation
5758	5758	12 and Use Tax Replacement Fund from the State and Local Sales Tax
5759	5759	13 Reform Fund shall be allocated among the Authority and the
5760	5760	14 Service Boards as follows: 15% of such moneys shall be
5761	5761	15 retained by the Authority and the remaining 85% shall be
5762	5762	16 transferred to the Service Boards as soon as may be
5763	5763	17 practicable after the Authority receives payment. Moneys which
5764	5764	18 are distributable to the Service Boards pursuant to the
5765	5765	19 preceding sentence shall be allocated among the Service Boards
5766	5766	20 on the basis of each Service Board's distribution ratio. The
5767	5767	21 term "distribution ratio" means, for purposes of this
5768	5768	22 subsection (b), the ratio of the total amount distributed to a
5769	5769	23 Service Board pursuant to subsection (a) of Section 4.03.3 for
5770	5770	24 the immediately preceding calendar year to the total amount
5771	5771	25 distributed to all of the Service Boards pursuant to
5772	5772	26 subsection (a) of Section 4.03.3 for the immediately preceding
5773	5773
5774	5774
5775	5775
5776	5776
5777	5777
5778	5778	SB1938 - 161 - LRB104 12003 RTM 22098 b
5779	5779
5780	5780
5781	5781	SB1938- 162 -LRB104 12003 RTM 22098 b SB1938 - 162 - LRB104 12003 RTM 22098 b
5782	5782	SB1938 - 162 - LRB104 12003 RTM 22098 b
5783	5783	1 calendar year.
5784	5784	2 (c)(i) 20% of the receipts from those taxes collected in
5785	5785	3 Cook County under Section 4.03 at the rate of 1.25%, (ii) 25%
5786	5786	4 of the receipts from those taxes collected in Cook County
5787	5787	5 under Section 4.03 at the rate of 1%, (iii) 50% of the receipts
5788	5788	6 from those taxes collected in DuPage, Kane, Lake, McHenry, and
5789	5789	7 Will Counties under Section 4.03, and (iv) amounts received
5790	5790	8 from the State under Section 4.09 (a)(2) and items (i), (ii),
5791	5791	9 and (iii) of Section 4.09 (a)(3) shall be allocated as
5792	5792	10 follows: the amount required to be deposited into the ADA
5793	5793	11 Paratransit Fund described in Section 2.01d, the amount
5794	5794	12 required to be deposited into the Suburban Community Mobility
5795	5795	13 Fund described in Section 2.01e, and the amount required to be
5796	5796	14 deposited into the Innovation, Coordination and Enhancement
5797	5797	15 Fund described in Section 2.01c, and the balance shall be
5798	5798	16 allocated 48% to the Chicago Transit Authority, 39% to the
5799	5799	17 Commuter Rail Board, and 13% to the Suburban Bus Board.
5800	5800	18 (d) Amounts received from the State under Section 4.09
5801	5801	19 (a)(3)(iv) shall be distributed 100% to the Chicago Transit
5802	5802	20 Authority.
5803	5803	21 (e) With respect to those taxes collected in DuPage, Kane,
5804	5804	22 Lake, McHenry, and Will Counties and paid directly to the
5805	5805	23 counties under Section 4.03, the County Board of each county
5806	5806	24 shall use those amounts to fund operating and capital costs of
5807	5807	25 public safety and public transportation services or facilities
5808	5808	26 or to fund operating, capital, right-of-way, construction, and
5809	5809
5810	5810
5811	5811
5812	5812
5813	5813
5814	5814	SB1938 - 162 - LRB104 12003 RTM 22098 b
5815	5815
5816	5816
5817	5817	SB1938- 163 -LRB104 12003 RTM 22098 b SB1938 - 163 - LRB104 12003 RTM 22098 b
5818	5818	SB1938 - 163 - LRB104 12003 RTM 22098 b
5819	5819	1 maintenance costs of other transportation purposes, including
5820	5820	2 road, bridge, public safety, and transit purposes intended to
5821	5821	3 improve mobility or reduce congestion in the county. The
5822	5822	4 receipt of funding by such counties pursuant to this paragraph
5823	5823	5 shall not be used as the basis for reducing any funds that such
5824	5824	6 counties would otherwise have received from the State of
5825	5825	7 Illinois, any agency or instrumentality thereof, the
5826	5826	8 Authority, or the Service Boards.
5827	5827	9 (f) The Authority by ordinance adopted by 12 of its then
5828	5828	10 Directors, prior to February 1, 2026, and by the affirmative
5829	5829	11 vote of at least 14 of its then Directors, beginning February
5830	5830	12 1, 2026 shall apportion to the Service Boards funds provided
5831	5831	13 by the State of Illinois under Section 4.09(a)(1) as it shall
5832	5832	14 determine and shall make payment of the amounts to each
5833	5833	15 Service Board as soon as may be practicable upon their receipt
5834	5834	16 provided the Authority has adopted a balanced budget as
5835	5835	17 required by Section 4.01 and further provided the Service
5836	5836	18 Board is in compliance with the requirements in Section 4.11.
5837	5837	19 (g) Beginning January 1, 2009, before making any payments,
5838	5838	20 transfers, or expenditures under this Section to a Service
5839	5839	21 Board, the Authority must first comply with Section 4.02a or
5840	5840	22 4.02b of this Act, whichever may be applicable.
5841	5841	23 (h) Moneys may be appropriated from the Public
5842	5842	24 Transportation Fund to the Office of the Executive Inspector
5843	5843	25 General for the costs incurred by the Executive Inspector
5844	5844	26 General while serving as the inspector general for the
5845	5845
5846	5846
5847	5847
5848	5848
5849	5849
5850	5850	SB1938 - 163 - LRB104 12003 RTM 22098 b
5851	5851
5852	5852
5853	5853	SB1938- 164 -LRB104 12003 RTM 22098 b SB1938 - 164 - LRB104 12003 RTM 22098 b
5854	5854	SB1938 - 164 - LRB104 12003 RTM 22098 b
5855	5855	1 Authority and each of the Service Boards. Beginning December
5856	5856	2 31, 2012, and each year thereafter, the Office of the
5857	5857	3 Executive Inspector General shall annually report to the
5858	5858	4 General Assembly the expenses incurred while serving as the
5859	5859	5 inspector general for the Authority and each of the Service
5860	5860	6 Boards.
5861	5861	7 (Source: P.A. 101-604, eff. 12-13-19.)
5862	5862	8 (70 ILCS 3615/4.04) (from Ch. 111 2/3, par. 704.04)
5863	5863	9 Sec. 4.04. Issuance and Pledge of Bonds and Notes.
5864	5864	10 (a) The Authority shall have the continuing power to
5865	5865	11 borrow money and to issue its negotiable bonds or notes as
5866	5866	12 provided in this Section. Unless otherwise indicated in this
5867	5867	13 Section, the term "notes" also includes bond anticipation
5868	5868	14 notes, which are notes which by their terms provide for their
5869	5869	15 payment from the proceeds of bonds thereafter to be issued.
5870	5870	16 Bonds or notes of the Authority may be issued for any or all of
5871	5871	17 the following purposes: to pay costs to the Authority or a
5872	5872	18 Service Board of constructing or acquiring any public
5873	5873	19 transportation facilities (including funds and rights relating
5874	5874	20 thereto, as provided in Section 2.05 of this Act); to repay
5875	5875	21 advances to the Authority or a Service Board made for such
5876	5876	22 purposes; to pay other expenses of the Authority or a Service
5877	5877	23 Board incident to or incurred in connection with such
5878	5878	24 construction or acquisition; to provide funds for any
5879	5879	25 transportation agency to pay principal of or interest or
5880	5880
5881	5881
5882	5882
5883	5883
5884	5884
5885	5885	SB1938 - 164 - LRB104 12003 RTM 22098 b
5886	5886
5887	5887
5888	5888	SB1938- 165 -LRB104 12003 RTM 22098 b SB1938 - 165 - LRB104 12003 RTM 22098 b
5889	5889	SB1938 - 165 - LRB104 12003 RTM 22098 b
5890	5890	1 redemption premium on any bonds or notes, whether as such
5891	5891	2 amounts become due or by earlier redemption, issued prior to
5892	5892	3 the date of this amendatory Act by such transportation agency
5893	5893	4 to construct or acquire public transportation facilities or to
5894	5894	5 provide funds to purchase such bonds or notes; and to provide
5895	5895	6 funds for any transportation agency to construct or acquire
5896	5896	7 any public transportation facilities, to repay advances made
5897	5897	8 for such purposes, and to pay other expenses incident to or
5898	5898	9 incurred in connection with such construction or acquisition;
5899	5899	10 and to provide funds for payment of obligations, including the
5900	5900	11 funding of reserves, under any self-insurance plan or joint
5901	5901	12 self-insurance pool or entity.
5902	5902	13 In addition to any other borrowing as may be authorized by
5903	5903	14 this Section, the Authority may issue its notes, from time to
5904	5904	15 time, in anticipation of tax receipts of the Authority or of
5905	5905	16 other revenues or receipts of the Authority, in order to
5906	5906	17 provide money for the Authority or the Service Boards to cover
5907	5907	18 any cash flow deficit which the Authority or a Service Board
5908	5908	19 anticipates incurring. Any such notes are referred to in this
5909	5909	20 Section as "Working Cash Notes". No Working Cash Notes shall
5910	5910	21 be issued for a term of longer than 24 months. Proceeds of
5911	5911	22 Working Cash Notes may be used to pay day to day operating
5912	5912	23 expenses of the Authority or the Service Boards, consisting of
5913	5913	24 wages, salaries, and fringe benefits, professional and
5914	5914	25 technical services (including legal, audit, engineering, and
5915	5915	26 other consulting services), office rental, furniture, fixtures
5916	5916
5917	5917
5918	5918
5919	5919
5920	5920
5921	5921	SB1938 - 165 - LRB104 12003 RTM 22098 b
5922	5922
5923	5923
5924	5924	SB1938- 166 -LRB104 12003 RTM 22098 b SB1938 - 166 - LRB104 12003 RTM 22098 b
5925	5925	SB1938 - 166 - LRB104 12003 RTM 22098 b
5926	5926	1 and equipment, insurance premiums, claims for self-insured
5927	5927	2 amounts under insurance policies, public utility obligations
5928	5928	3 for telephone, light, heat and similar items, travel expenses,
5929	5929	4 office supplies, postage, dues, subscriptions, public hearings
5930	5930	5 and information expenses, fuel purchases, and payments of
5931	5931	6 grants and payments under purchase of service agreements for
5932	5932	7 operations of transportation agencies, prior to the receipt by
5933	5933	8 the Authority or a Service Board from time to time of funds for
5934	5934	9 paying such expenses. In addition to any Working Cash Notes
5935	5935	10 that the Board of the Authority may determine to issue, the
5936	5936	11 Suburban Bus Board, the Commuter Rail Board or the Board of the
5937	5937	12 Chicago Transit Authority may demand and direct that the
5938	5938	13 Authority issue its Working Cash Notes in such amounts and
5939	5939	14 having such maturities as the Service Board may determine.
5940	5940	15 Notwithstanding any other provision of this Act, any
5941	5941	16 amounts necessary to pay principal of and interest on any
5942	5942	17 Working Cash Notes issued at the demand and direction of a
5943	5943	18 Service Board or any Working Cash Notes the proceeds of which
5944	5944	19 were used for the direct benefit of a Service Board or any
5945	5945	20 other Bonds or Notes of the Authority the proceeds of which
5946	5946	21 were used for the direct benefit of a Service Board shall
5947	5947	22 constitute a reduction of the amount of any other funds
5948	5948	23 provided by the Authority to that Service Board. The Authority
5949	5949	24 shall, after deducting any costs of issuance, tender the net
5950	5950	25 proceeds of any Working Cash Notes issued at the demand and
5951	5951	26 direction of a Service Board to such Service Board as soon as
5952	5952
5953	5953
5954	5954
5955	5955
5956	5956
5957	5957	SB1938 - 166 - LRB104 12003 RTM 22098 b
5958	5958
5959	5959
5960	5960	SB1938- 167 -LRB104 12003 RTM 22098 b SB1938 - 167 - LRB104 12003 RTM 22098 b
5961	5961	SB1938 - 167 - LRB104 12003 RTM 22098 b
5962	5962	1 may be practicable after the proceeds are received. The
5963	5963	2 Authority may also issue notes or bonds to pay, refund or
5964	5964	3 redeem any of its notes and bonds, including to pay redemption
5965	5965	4 premiums or accrued interest on such bonds or notes being
5966	5966	5 renewed, paid or refunded, and other costs in connection
5967	5967	6 therewith. The Authority may also utilize the proceeds of any
5968	5968	7 such bonds or notes to pay the legal, financial,
5969	5969	8 administrative and other expenses of such authorization,
5970	5970	9 issuance, sale or delivery of bonds or notes or to provide or
5971	5971	10 increase a debt service reserve fund with respect to any or all
5972	5972	11 of its bonds or notes. The Authority may also issue and deliver
5973	5973	12 its bonds or notes in exchange for any public transportation
5974	5974	13 facilities, (including funds and rights relating thereto, as
5975	5975	14 provided in Section 2.05 of this Act) or in exchange for
5976	5976	15 outstanding bonds or notes of the Authority, including any
5977	5977	16 accrued interest or redemption premium thereon, without
5978	5978	17 advertising or submitting such notes or bonds for public
5979	5979	18 bidding.
5980	5980	19 (b) The ordinance providing for the issuance of any such
5981	5981	20 bonds or notes shall fix the date or dates of maturity, the
5982	5982	21 dates on which interest is payable, any sinking fund account
5983	5983	22 or reserve fund account provisions and all other details of
5984	5984	23 such bonds or notes and may provide for such covenants or
5985	5985	24 agreements necessary or desirable with regard to the issue,
5986	5986	25 sale and security of such bonds or notes. The rate or rates of
5987	5987	26 interest on its bonds or notes may be fixed or variable and the
5988	5988
5989	5989
5990	5990
5991	5991
5992	5992
5993	5993	SB1938 - 167 - LRB104 12003 RTM 22098 b
5994	5994
5995	5995
5996	5996	SB1938- 168 -LRB104 12003 RTM 22098 b SB1938 - 168 - LRB104 12003 RTM 22098 b
5997	5997	SB1938 - 168 - LRB104 12003 RTM 22098 b
5998	5998	1 Authority shall determine or provide for the determination of
5999	5999	2 the rate or rates of interest of its bonds or notes issued
6000	6000	3 under this Act in an ordinance adopted by the Authority prior
6001	6001	4 to the issuance thereof, none of which rates of interest shall
6002	6002	5 exceed that permitted in the Bond Authorization Act. Interest
6003	6003	6 may be payable at such times as are provided for by the Board.
6004	6004	7 Bonds and notes issued under this Section may be issued as
6005	6005	8 serial or term obligations, shall be of such denomination or
6006	6006	9 denominations and form, including interest coupons to be
6007	6007	10 attached thereto, be executed in such manner, shall be payable
6008	6008	11 at such place or places and bear such date as the Authority
6009	6009	12 shall fix by the ordinance authorizing such bond or note and
6010	6010	13 shall mature at such time or times, within a period not to
6011	6011	14 exceed forty years from the date of issue, and may be
6012	6012	15 redeemable prior to maturity with or without premium, at the
6013	6013	16 option of the Authority, upon such terms and conditions as the
6014	6014	17 Authority shall fix by the ordinance authorizing the issuance
6015	6015	18 of such bonds or notes. No bond anticipation note or any
6016	6016	19 renewal thereof shall mature at any time or times exceeding 5
6017	6017	20 years from the date of the first issuance of such note. The
6018	6018	21 Authority may provide for the registration of bonds or notes
6019	6019	22 in the name of the owner as to the principal alone or as to
6020	6020	23 both principal and interest, upon such terms and conditions as
6021	6021	24 the Authority may determine. The ordinance authorizing bonds
6022	6022	25 or notes may provide for the exchange of such bonds or notes
6023	6023	26 which are fully registered, as to both principal and interest,
6024	6024
6025	6025
6026	6026
6027	6027
6028	6028
6029	6029	SB1938 - 168 - LRB104 12003 RTM 22098 b
6030	6030
6031	6031
6032	6032	SB1938- 169 -LRB104 12003 RTM 22098 b SB1938 - 169 - LRB104 12003 RTM 22098 b
6033	6033	SB1938 - 169 - LRB104 12003 RTM 22098 b
6034	6034	1 with bonds or notes which are registerable as to principal
6035	6035	2 only. All bonds or notes issued under this Section by the
6036	6036	3 Authority other than those issued in exchange for property or
6037	6037	4 for bonds or notes of the Authority shall be sold at a price
6038	6038	5 which may be at a premium or discount but such that the
6039	6039	6 interest cost (excluding any redemption premium) to the
6040	6040	7 Authority of the proceeds of an issue of such bonds or notes,
6041	6041	8 computed to stated maturity according to standard tables of
6042	6042	9 bond values, shall not exceed that permitted in the Bond
6043	6043	10 Authorization Act. The Authority shall notify the Governor's
6044	6044	11 Office of Management and Budget and the State Comptroller at
6045	6045	12 least 30 days before any bond sale and shall file with the
6046	6046	13 Governor's Office of Management and Budget and the State
6047	6047	14 Comptroller a certified copy of any ordinance authorizing the
6048	6048	15 issuance of bonds at or before the issuance of the bonds. After
6049	6049	16 December 31, 1994, any such bonds or notes shall be sold to the
6050	6050	17 highest and best bidder on sealed bids as the Authority shall
6051	6051	18 deem. As such bonds or notes are to be sold the Authority shall
6052	6052	19 advertise for proposals to purchase the bonds or notes which
6053	6053	20 advertisement shall be published at least once in a daily
6054	6054	21 newspaper of general circulation published in the metropolitan
6055	6055	22 region at least 10 days before the time set for the submission
6056	6056	23 of bids. The Authority shall have the right to reject any or
6057	6057	24 all bids. Notwithstanding any other provisions of this
6058	6058	25 Section, Working Cash Notes or bonds or notes to provide funds
6059	6059	26 for self-insurance or a joint self-insurance pool or entity
6060	6060
6061	6061
6062	6062
6063	6063
6064	6064
6065	6065	SB1938 - 169 - LRB104 12003 RTM 22098 b
6066	6066
6067	6067
6068	6068	SB1938- 170 -LRB104 12003 RTM 22098 b SB1938 - 170 - LRB104 12003 RTM 22098 b
6069	6069	SB1938 - 170 - LRB104 12003 RTM 22098 b
6070	6070	1 may be sold either upon competitive bidding or by negotiated
6071	6071	2 sale (without any requirement of publication of intention to
6072	6072	3 negotiate the sale of such Notes), as the Board shall
6073	6073	4 determine by ordinance adopted with the affirmative votes of
6074	6074	5 at least 9 Directors, prior to February 1, 2026, and by the
6075	6075	6 affirmative vote of a simple majority of Directors, beginning
6076	6076	7 February 1, 2026. In case any officer whose signature appears
6077	6077	8 on any bonds, notes or coupons authorized pursuant to this
6078	6078	9 Section shall cease to be such officer before delivery of such
6079	6079	10 bonds or notes, such signature shall nevertheless be valid and
6080	6080	11 sufficient for all purposes, the same as if such officer had
6081	6081	12 remained in office until such delivery. Neither the Directors
6082	6082	13 of the Authority nor any person executing any bonds or notes
6083	6083	14 thereof shall be liable personally on any such bonds or notes
6084	6084	15 or coupons by reason of the issuance thereof.
6085	6085	16 (c) All bonds or notes of the Authority issued pursuant to
6086	6086	17 this Section shall be general obligations of the Authority to
6087	6087	18 which shall be pledged the full faith and credit of the
6088	6088	19 Authority, as provided in this Section. Such bonds or notes
6089	6089	20 shall be secured as provided in the authorizing ordinance,
6090	6090	21 which may, notwithstanding any other provision of this Act,
6091	6091	22 include in addition to any other security, a specific pledge
6092	6092	23 or assignment of and lien on or security interest in any or all
6093	6093	24 tax receipts of the Authority and on any or all other revenues
6094	6094	25 or moneys of the Authority from whatever source, which may by
6095	6095	26 law be utilized for debt service purposes and a specific
6096	6096
6097	6097
6098	6098
6099	6099
6100	6100
6101	6101	SB1938 - 170 - LRB104 12003 RTM 22098 b
6102	6102
6103	6103
6104	6104	SB1938- 171 -LRB104 12003 RTM 22098 b SB1938 - 171 - LRB104 12003 RTM 22098 b
6105	6105	SB1938 - 171 - LRB104 12003 RTM 22098 b
6106	6106	1 pledge or assignment of and lien on or security interest in any
6107	6107	2 funds or accounts established or provided for by the ordinance
6108	6108	3 of the Authority authorizing the issuance of such bonds or
6109	6109	4 notes. Any such pledge, assignment, lien, or security interest
6110	6110	5 for the benefit of holders of bonds or notes of the Authority
6111	6111	6 shall be valid and binding from the time the bonds or notes are
6112	6112	7 issued without any physical delivery or further act and shall
6113	6113	8 be valid and binding as against and prior to the claims of all
6114	6114	9 other parties having claims of any kind against the Authority
6115	6115	10 or any other person irrespective of whether such other parties
6116	6116	11 have notice of such pledge, assignment, lien, or security
6117	6117	12 interest. The obligations of the Authority incurred pursuant
6118	6118	13 to this Section shall be superior to and have priority over any
6119	6119	14 other obligations of the Authority.
6120	6120	15 The Authority may provide in the ordinance authorizing the
6121	6121	16 issuance of any bonds or notes issued pursuant to this Section
6122	6122	17 for the creation of, deposits in, and regulation and
6123	6123	18 disposition of sinking fund or reserve accounts relating to
6124	6124	19 such bonds or notes. The ordinance authorizing the issuance of
6125	6125	20 any bonds or notes pursuant to this Section may contain
6126	6126	21 provisions as part of the contract with the holders of the
6127	6127	22 bonds or notes, for the creation of a separate fund to provide
6128	6128	23 for the payment of principal and interest on such bonds or
6129	6129	24 notes and for the deposit in such fund from any or all the tax
6130	6130	25 receipts of the Authority and from any or all such other moneys
6131	6131	26 or revenues of the Authority from whatever source which may by
6132	6132
6133	6133
6134	6134
6135	6135
6136	6136
6137	6137	SB1938 - 171 - LRB104 12003 RTM 22098 b
6138	6138
6139	6139
6140	6140	SB1938- 172 -LRB104 12003 RTM 22098 b SB1938 - 172 - LRB104 12003 RTM 22098 b
6141	6141	SB1938 - 172 - LRB104 12003 RTM 22098 b
6142	6142	1 law be utilized for debt service purposes, all as provided in
6143	6143	2 such ordinance, of amounts to meet the debt service
6144	6144	3 requirements on such bonds or notes, including principal and
6145	6145	4 interest, and any sinking fund or reserve fund account
6146	6146	5 requirements as may be provided by such ordinance, and all
6147	6147	6 expenses incident to or in connection with such fund and
6148	6148	7 accounts or the payment of such bonds or notes. Such ordinance
6149	6149	8 may also provide limitations on the issuance of additional
6150	6150	9 bonds or notes of the Authority. No such bonds or notes of the
6151	6151	10 Authority shall constitute a debt of the State of Illinois.
6152	6152	11 Nothing in this Act shall be construed to enable the Authority
6153	6153	12 to impose any ad valorem tax on property.
6154	6154	13 (d) The ordinance of the Authority authorizing the
6155	6155	14 issuance of any bonds or notes may provide additional security
6156	6156	15 for such bonds or notes by providing for appointment of a
6157	6157	16 corporate trustee (which may be any trust company or bank
6158	6158	17 having the powers of a trust company within the state) with
6159	6159	18 respect to such bonds or notes. The ordinance shall prescribe
6160	6160	19 the rights, duties, and powers of the trustee to be exercised
6161	6161	20 for the benefit of the Authority and the protection of the
6162	6162	21 holders of such bonds or notes. The ordinance may provide for
6163	6163	22 the trustee to hold in trust, invest, and use amounts in funds
6164	6164	23 and accounts created as provided by the ordinance with respect
6165	6165	24 to the bonds or notes. The ordinance may provide for the
6166	6166	25 assignment and direct payment to the trustee of any or all
6167	6167	26 amounts produced from the sources provided in Section 4.03 and
6168	6168
6169	6169
6170	6170
6171	6171
6172	6172
6173	6173	SB1938 - 172 - LRB104 12003 RTM 22098 b
6174	6174
6175	6175
6176	6176	SB1938- 173 -LRB104 12003 RTM 22098 b SB1938 - 173 - LRB104 12003 RTM 22098 b
6177	6177	SB1938 - 173 - LRB104 12003 RTM 22098 b
6178	6178	1 Section 4.09 of this Act and provided in Section 6z-17 of the
6179	6179	2 State Finance Act. Upon receipt of notice of any such
6180	6180	3 assignment, the Department of Revenue and the Comptroller of
6181	6181	4 the State of Illinois shall thereafter, notwithstanding the
6182	6182	5 provisions of Section 4.03 and Section 4.09 of this Act and
6183	6183	6 Section 6z-17 of the State Finance Act, provide for such
6184	6184	7 assigned amounts to be paid directly to the trustee instead of
6185	6185	8 the Authority, all in accordance with the terms of the
6186	6186	9 ordinance making the assignment. The ordinance shall provide
6187	6187	10 that amounts so paid to the trustee which are not required to
6188	6188	11 be deposited, held or invested in funds and accounts created
6189	6189	12 by the ordinance with respect to bonds or notes or used for
6190	6190	13 paying bonds or notes to be paid by the trustee to the
6191	6191	14 Authority.
6192	6192	15 (e) Any bonds or notes of the Authority issued pursuant to
6193	6193	16 this Section shall constitute a contract between the Authority
6194	6194	17 and the holders from time to time of such bonds or notes. In
6195	6195	18 issuing any bond or note, the Authority may include in the
6196	6196	19 ordinance authorizing such issue a covenant as part of the
6197	6197	20 contract with the holders of the bonds or notes, that as long
6198	6198	21 as such obligations are outstanding, it shall make such
6199	6199	22 deposits, as provided in paragraph (c) of this Section. It may
6200	6200	23 also so covenant that it shall impose and continue to impose
6201	6201	24 taxes, as provided in Section 4.03 of this Act and in addition
6202	6202	25 thereto as subsequently authorized by law, sufficient to make
6203	6203	26 such deposits and pay the principal and interest and to meet
6204	6204
6205	6205
6206	6206
6207	6207
6208	6208
6209	6209	SB1938 - 173 - LRB104 12003 RTM 22098 b
6210	6210
6211	6211
6212	6212	SB1938- 174 -LRB104 12003 RTM 22098 b SB1938 - 174 - LRB104 12003 RTM 22098 b
6213	6213	SB1938 - 174 - LRB104 12003 RTM 22098 b
6214	6214	1 other debt service requirements of such bonds or notes as they
6215	6215	2 become due. A certified copy of the ordinance authorizing the
6216	6216	3 issuance of any such obligations shall be filed at or prior to
6217	6217	4 the issuance of such obligations with the Comptroller of the
6218	6218	5 State of Illinois and the Illinois Department of Revenue.
6219	6219	6 (f) The State of Illinois pledges to and agrees with the
6220	6220	7 holders of the bonds and notes of the Authority issued
6221	6221	8 pursuant to this Section that the State will not limit or alter
6222	6222	9 the rights and powers vested in the Authority by this Act so as
6223	6223	10 to impair the terms of any contract made by the Authority with
6224	6224	11 such holders or in any way impair the rights and remedies of
6225	6225	12 such holders until such bonds and notes, together with
6226	6226	13 interest thereon, with interest on any unpaid installments of
6227	6227	14 interest, and all costs and expenses in connection with any
6228	6228	15 action or proceedings by or on behalf of such holders, are
6229	6229	16 fully met and discharged. In addition, the State pledges to
6230	6230	17 and agrees with the holders of the bonds and notes of the
6231	6231	18 Authority issued pursuant to this Section that the State will
6232	6232	19 not limit or alter the basis on which State funds are to be
6233	6233	20 paid to the Authority as provided in this Act, or the use of
6234	6234	21 such funds, so as to impair the terms of any such contract. The
6235	6235	22 Authority is authorized to include these pledges and
6236	6236	23 agreements of the State in any contract with the holders of
6237	6237	24 bonds or notes issued pursuant to this Section.
6238	6238	25 (g)(1) Except as provided in subdivisions (g)(2) and
6239	6239	26 (g)(3) of Section 4.04 of this Act, the Authority shall not at
6240	6240
6241	6241
6242	6242
6243	6243
6244	6244
6245	6245	SB1938 - 174 - LRB104 12003 RTM 22098 b
6246	6246
6247	6247
6248	6248	SB1938- 175 -LRB104 12003 RTM 22098 b SB1938 - 175 - LRB104 12003 RTM 22098 b
6249	6249	SB1938 - 175 - LRB104 12003 RTM 22098 b
6250	6250	1 any time issue, sell or deliver any bonds or notes (other than
6251	6251	2 Working Cash Notes and lines of credit) pursuant to this
6252	6252	3 Section 4.04 which will cause it to have issued and
6253	6253	4 outstanding at any time in excess of $800,000,000 of such
6254	6254	5 bonds and notes (other than Working Cash Notes and lines of
6255	6255	6 credit). The Authority shall not issue, sell, or deliver any
6256	6256	7 Working Cash Notes or establish a line of credit pursuant to
6257	6257	8 this Section that will cause it to have issued and outstanding
6258	6258	9 at any time in excess of $100,000,000. However, the Authority
6259	6259	10 may issue, sell, and deliver additional Working Cash Notes or
6260	6260	11 establish a line of credit before July 1, 2022 that are over
6261	6261	12 and above and in addition to the $100,000,000 authorization
6262	6262	13 such that the outstanding amount of these additional Working
6263	6263	14 Cash Notes and lines of credit does not exceed at any time
6264	6264	15 $300,000,000. Bonds or notes which are being paid or retired
6265	6265	16 by such issuance, sale or delivery of bonds or notes, and bonds
6266	6266	17 or notes for which sufficient funds have been deposited with
6267	6267	18 the paying agency of such bonds or notes to provide for payment
6268	6268	19 of principal and interest thereon or to provide for the
6269	6269	20 redemption thereof, all pursuant to the ordinance authorizing
6270	6270	21 the issuance of such bonds or notes, shall not be considered to
6271	6271	22 be outstanding for the purposes of this subsection.
6272	6272	23 (2) In addition to the authority provided by paragraphs
6273	6273	24 (1) and (3), the Authority is authorized to issue, sell, and
6274	6274	25 deliver bonds or notes for Strategic Capital Improvement
6275	6275	26 Projects approved pursuant to Section 4.13 as follows:
6276	6276
6277	6277
6278	6278
6279	6279
6280	6280
6281	6281	SB1938 - 175 - LRB104 12003 RTM 22098 b
6282	6282
6283	6283
6284	6284	SB1938- 176 -LRB104 12003 RTM 22098 b SB1938 - 176 - LRB104 12003 RTM 22098 b
6285	6285	SB1938 - 176 - LRB104 12003 RTM 22098 b
6286	6286	1 $100,000,000 is authorized to be issued on or after
6287	6287	2 January 1, 1990;
6288	6288	3 an additional $100,000,000 is authorized to be issued
6289	6289	4 on or after January 1, 1991;
6290	6290	5 an additional $100,000,000 is authorized to be issued
6291	6291	6 on or after January 1, 1992;
6292	6292	7 an additional $100,000,000 is authorized to be issued
6293	6293	8 on or after January 1, 1993;
6294	6294	9 an additional $100,000,000 is authorized to be issued
6295	6295	10 on or after January 1, 1994; and
6296	6296	11 the aggregate total authorization of bonds and notes
6297	6297	12 for Strategic Capital Improvement Projects as of January
6298	6298	13 1, 1994, shall be $500,000,000.
6299	6299	14 The Authority is also authorized to issue, sell, and
6300	6300	15 deliver bonds or notes in such amounts as are necessary to
6301	6301	16 provide for the refunding or advance refunding of bonds or
6302	6302	17 notes issued for Strategic Capital Improvement Projects under
6303	6303	18 this subdivision (g)(2), provided that no such refunding bond
6304	6304	19 or note shall mature later than the final maturity date of the
6305	6305	20 series of bonds or notes being refunded, and provided further
6306	6306	21 that the debt service requirements for such refunding bonds or
6307	6307	22 notes in the current or any future fiscal year shall not exceed
6308	6308	23 the debt service requirements for that year on the refunded
6309	6309	24 bonds or notes.
6310	6310	25 (3) In addition to the authority provided by paragraphs
6311	6311	26 (1) and (2), the Authority is authorized to issue, sell, and
6312	6312
6313	6313
6314	6314
6315	6315
6316	6316
6317	6317	SB1938 - 176 - LRB104 12003 RTM 22098 b
6318	6318
6319	6319
6320	6320	SB1938- 177 -LRB104 12003 RTM 22098 b SB1938 - 177 - LRB104 12003 RTM 22098 b
6321	6321	SB1938 - 177 - LRB104 12003 RTM 22098 b
6322	6322	1 deliver bonds or notes for Strategic Capital Improvement
6323	6323	2 Projects approved pursuant to Section 4.13 as follows:
6324	6324	3 $260,000,000 is authorized to be issued on or after
6325	6325	4 January 1, 2000;
6326	6326	5 an additional $260,000,000 is authorized to be issued
6327	6327	6 on or after January 1, 2001;
6328	6328	7 an additional $260,000,000 is authorized to be issued
6329	6329	8 on or after January 1, 2002;
6330	6330	9 an additional $260,000,000 is authorized to be issued
6331	6331	10 on or after January 1, 2003;
6332	6332	11 an additional $260,000,000 is authorized to be issued
6333	6333	12 on or after January 1, 2004; and
6334	6334	13 the aggregate total authorization of bonds and notes
6335	6335	14 for Strategic Capital Improvement Projects pursuant to
6336	6336	15 this paragraph (3) as of January 1, 2004 shall be
6337	6337	16 $1,300,000,000.
6338	6338	17 The Authority is also authorized to issue, sell, and
6339	6339	18 deliver bonds or notes in such amounts as are necessary to
6340	6340	19 provide for the refunding or advance refunding of bonds or
6341	6341	20 notes issued for Strategic Capital Improvement projects under
6342	6342	21 this subdivision (g)(3), provided that no such refunding bond
6343	6343	22 or note shall mature later than the final maturity date of the
6344	6344	23 series of bonds or notes being refunded, and provided further
6345	6345	24 that the debt service requirements for such refunding bonds or
6346	6346	25 notes in the current or any future fiscal year shall not exceed
6347	6347	26 the debt service requirements for that year on the refunded
6348	6348
6349	6349
6350	6350
6351	6351
6352	6352
6353	6353	SB1938 - 177 - LRB104 12003 RTM 22098 b
6354	6354
6355	6355
6356	6356	SB1938- 178 -LRB104 12003 RTM 22098 b SB1938 - 178 - LRB104 12003 RTM 22098 b
6357	6357	SB1938 - 178 - LRB104 12003 RTM 22098 b
6358	6358	1 bonds or notes.
6359	6359	2 (h) The Authority, subject to the terms of any agreements
6360	6360	3 with noteholders or bond holders as may then exist, shall have
6361	6361	4 power, out of any funds available therefor, to purchase notes
6362	6362	5 or bonds of the Authority, which shall thereupon be cancelled.
6363	6363	6 (i) In addition to any other authority granted by law, the
6364	6364	7 State Treasurer may, with the approval of the Governor, invest
6365	6365	8 or reinvest, at a price not to exceed par, any State money in
6366	6366	9 the State Treasury which is not needed for current
6367	6367	10 expenditures due or about to become due in Working Cash Notes.
6368	6368	11 In the event of a default on a Working Cash Note issued by the
6369	6369	12 Regional Transportation Authority in which State money in the
6370	6370	13 State treasury was invested, the Treasurer may, after giving
6371	6371	14 notice to the Authority, certify to the Comptroller the
6372	6372	15 amounts of the defaulted Working Cash Note, in accordance with
6373	6373	16 any applicable rules of the Comptroller, and the Comptroller
6374	6374	17 must deduct and remit to the State treasury the certified
6375	6375	18 amounts or a portion of those amounts from the following
6376	6376	19 proportions of payments of State funds to the Authority:
6377	6377	20 (1) in the first year after default, one-third of the
6378	6378	21 total amount of any payments of State funds to the
6379	6379	22 Authority;
6380	6380	23 (2) in the second year after default, two-thirds of
6381	6381	24 the total amount of any payments of State funds to the
6382	6382	25 Authority; and
6383	6383	26 (3) in the third year after default and for each year
6384	6384
6385	6385
6386	6386
6387	6387
6388	6388
6389	6389	SB1938 - 178 - LRB104 12003 RTM 22098 b
6390	6390
6391	6391
6392	6392	SB1938- 179 -LRB104 12003 RTM 22098 b SB1938 - 179 - LRB104 12003 RTM 22098 b
6393	6393	SB1938 - 179 - LRB104 12003 RTM 22098 b
6394	6394	1 thereafter until the total invested amount is repaid, the
6395	6395	2 total amount of any payments of State funds to the
6396	6396	3 Authority.
6397	6397	4 (j) The Authority may establish a line of credit with a
6398	6398	5 bank or other financial institution as may be evidenced by the
6399	6399	6 issuance of notes or other obligations, secured by and payable
6400	6400	7 from all tax receipts of the Authority and any or all other
6401	6401	8 revenues or moneys of the Authority, in an amount not to exceed
6402	6402	9 the limitations set forth in paragraph (1) of subsection (g).
6403	6403	10 Money borrowed under this subsection (j) shall be used to
6404	6404	11 provide money for the Authority or the Service Boards to cover
6405	6405	12 any cash flow deficit that the Authority or a Service Board
6406	6406	13 anticipates incurring and shall be repaid within 24 months.
6407	6407	14 Before establishing a line of credit under this subsection
6408	6408	15 (j), the Authority shall authorize the line of credit by
6409	6409	16 ordinance. The ordinance shall set forth facts demonstrating
6410	6410	17 the need for the line of credit, state the amount to be
6411	6411	18 borrowed, establish a maximum interest rate limit not to
6412	6412	19 exceed the maximum rate authorized by the Bond Authorization
6413	6413	20 Act, and provide a date by which the borrowed funds shall be
6414	6414	21 repaid. The ordinance shall authorize and direct the relevant
6415	6415	22 officials to make arrangements to set apart and hold, as
6416	6416	23 applicable, the moneys that will be used to repay the
6417	6417	24 borrowing. In addition, the ordinance may authorize the
6418	6418	25 relevant officials to make partial repayments on the line of
6419	6419	26 credit as the moneys become available and may contain any
6420	6420
6421	6421
6422	6422
6423	6423
6424	6424
6425	6425	SB1938 - 179 - LRB104 12003 RTM 22098 b
6426	6426
6427	6427
6428	6428	SB1938- 180 -LRB104 12003 RTM 22098 b SB1938 - 180 - LRB104 12003 RTM 22098 b
6429	6429	SB1938 - 180 - LRB104 12003 RTM 22098 b
6430	6430	1 other terms, restrictions, or limitations desirable or
6431	6431	2 necessary to give effect to this subsection (j).
6432	6432	3 The Authority shall notify the Governor's Office of
6433	6433	4 Management and Budget and the State Comptroller at least 30
6434	6434	5 days before establishing a line of credit and shall file with
6435	6435	6 the Governor's Office of Management and Budget and the State
6436	6436	7 Comptroller a certified copy of any ordinance authorizing the
6437	6437	8 establishment of a line of credit upon or before establishing
6438	6438	9 the line of credit.
6439	6439	10 Moneys borrowed under a line of credit pursuant to this
6440	6440	11 subsection (j) are general obligations of the Authority that
6441	6441	12 are secured by the full faith and credit of the Authority.
6442	6442	13 (Source: P.A. 101-485, eff. 8-23-19; 102-558, eff. 8-20-21.)
6443	6443	14 (70 ILCS 3615/4.09) (from Ch. 111 2/3, par. 704.09)
6444	6444	15 Sec. 4.09. Public Transportation Fund and the Regional
6445	6445	16 Transportation Authority Occupation and Use Tax Replacement
6446	6446	17 Fund.
6447	6447	18 (a)(1) Except as otherwise provided in paragraph (4), as
6448	6448	19 soon as possible after the first day of each month, beginning
6449	6449	20 July 1, 1984, upon certification of the Department of Revenue,
6450	6450	21 the Comptroller shall order transferred and the Treasurer
6451	6451	22 shall transfer from the General Revenue Fund to a special fund
6452	6452	23 in the State Treasury to be known as the Public Transportation
6453	6453	24 Fund an amount equal to 25% of the net revenue, before the
6454	6454	25 deduction of the serviceman and retailer discounts pursuant to
6455	6455
6456	6456
6457	6457
6458	6458
6459	6459
6460	6460	SB1938 - 180 - LRB104 12003 RTM 22098 b
6461	6461
6462	6462
6463	6463	SB1938- 181 -LRB104 12003 RTM 22098 b SB1938 - 181 - LRB104 12003 RTM 22098 b
6464	6464	SB1938 - 181 - LRB104 12003 RTM 22098 b
6465	6465	1 Section 9 of the Service Occupation Tax Act and Section 3 of
6466	6466	2 the Retailers' Occupation Tax Act, realized from any tax
6467	6467	3 imposed by the Authority pursuant to Sections 4.03 and 4.03.1
6468	6468	4 and 25% of the amounts deposited into the Regional
6469	6469	5 Transportation Authority tax fund created by Section 4.03 of
6470	6470	6 this Act, from the County and Mass Transit District Fund as
6471	6471	7 provided in Section 6z-20 of the State Finance Act and 25% of
6472	6472	8 the amounts deposited into the Regional Transportation
6473	6473	9 Authority Occupation and Use Tax Replacement Fund from the
6474	6474	10 State and Local Sales Tax Reform Fund as provided in Section
6475	6475	11 6z-17 of the State Finance Act. On the first day of the month
6476	6476	12 following the date that the Department receives revenues from
6477	6477	13 increased taxes under Section 4.03(m) as authorized by Public
6478	6478	14 Act 95-708, in lieu of the transfers authorized in the
6479	6479	15 preceding sentence, upon certification of the Department of
6480	6480	16 Revenue, the Comptroller shall order transferred and the
6481	6481	17 Treasurer shall transfer from the General Revenue Fund to the
6482	6482	18 Public Transportation Fund an amount equal to 25% of the net
6483	6483	19 revenue, before the deduction of the serviceman and retailer
6484	6484	20 discounts pursuant to Section 9 of the Service Occupation Tax
6485	6485	21 Act and Section 3 of the Retailers' Occupation Tax Act,
6486	6486	22 realized from (i) 80% of the proceeds of any tax imposed by the
6487	6487	23 Authority at a rate of 1.25% in Cook County, (ii) 75% of the
6488	6488	24 proceeds of any tax imposed by the Authority at the rate of 1%
6489	6489	25 in Cook County, and (iii) one-third of the proceeds of any tax
6490	6490	26 imposed by the Authority at the rate of 0.75% in the Counties
6491	6491
6492	6492
6493	6493
6494	6494
6495	6495
6496	6496	SB1938 - 181 - LRB104 12003 RTM 22098 b
6497	6497
6498	6498
6499	6499	SB1938- 182 -LRB104 12003 RTM 22098 b SB1938 - 182 - LRB104 12003 RTM 22098 b
6500	6500	SB1938 - 182 - LRB104 12003 RTM 22098 b
6501	6501	1 of DuPage, Kane, Lake, McHenry, and Will, all pursuant to
6502	6502	2 Section 4.03, and 25% of the net revenue realized from any tax
6503	6503	3 imposed by the Authority pursuant to Section 4.03.1, and 25%
6504	6504	4 of the amounts deposited into the Regional Transportation
6505	6505	5 Authority tax fund created by Section 4.03 of this Act from the
6506	6506	6 County and Mass Transit District Fund as provided in Section
6507	6507	7 6z-20 of the State Finance Act, and 25% of the amounts
6508	6508	8 deposited into the Regional Transportation Authority
6509	6509	9 Occupation and Use Tax Replacement Fund from the State and
6510	6510	10 Local Sales Tax Reform Fund as provided in Section 6z-17 of the
6511	6511	11 State Finance Act. As used in this Section, net revenue
6512	6512	12 realized for a month shall be the revenue collected by the
6513	6513	13 State pursuant to Sections 4.03 and 4.03.1 during the previous
6514	6514	14 month from within the metropolitan region, less the amount
6515	6515	15 paid out during that same month as refunds to taxpayers for
6516	6516	16 overpayment of liability in the metropolitan region under
6517	6517	17 Sections 4.03 and 4.03.1.
6518	6518	18 Notwithstanding any provision of law to the contrary,
6519	6519	19 beginning on July 6, 2017 (the effective date of Public Act
6520	6520	20 100-23), those amounts required under this paragraph (1) of
6521	6521	21 subsection (a) to be transferred by the Treasurer into the
6522	6522	22 Public Transportation Fund from the General Revenue Fund shall
6523	6523	23 be directly deposited into the Public Transportation Fund as
6524	6524	24 the revenues are realized from the taxes indicated.
6525	6525	25 (2) Except as otherwise provided in paragraph (4), on
6526	6526	26 February 1, 2009 (the first day of the month following the
6527	6527
6528	6528
6529	6529
6530	6530
6531	6531
6532	6532	SB1938 - 182 - LRB104 12003 RTM 22098 b
6533	6533
6534	6534
6535	6535	SB1938- 183 -LRB104 12003 RTM 22098 b SB1938 - 183 - LRB104 12003 RTM 22098 b
6536	6536	SB1938 - 183 - LRB104 12003 RTM 22098 b
6537	6537	1 effective date of Public Act 95-708) and each month
6538	6538	2 thereafter, upon certification by the Department of Revenue,
6539	6539	3 the Comptroller shall order transferred and the Treasurer
6540	6540	4 shall transfer from the General Revenue Fund to the Public
6541	6541	5 Transportation Fund an amount equal to 5% of the net revenue,
6542	6542	6 before the deduction of the serviceman and retailer discounts
6543	6543	7 pursuant to Section 9 of the Service Occupation Tax Act and
6544	6544	8 Section 3 of the Retailers' Occupation Tax Act, realized from
6545	6545	9 any tax imposed by the Authority pursuant to Sections 4.03 and
6546	6546	10 4.03.1 and certified by the Department of Revenue under
6547	6547	11 Section 4.03(n) of this Act to be paid to the Authority and 5%
6548	6548	12 of the amounts deposited into the Regional Transportation
6549	6549	13 Authority tax fund created by Section 4.03 of this Act from the
6550	6550	14 County and Mass Transit District Fund as provided in Section
6551	6551	15 6z-20 of the State Finance Act, and 5% of the amounts deposited
6552	6552	16 into the Regional Transportation Authority Occupation and Use
6553	6553	17 Tax Replacement Fund from the State and Local Sales Tax Reform
6554	6554	18 Fund as provided in Section 6z-17 of the State Finance Act, and
6555	6555	19 5% of the revenue realized by the Chicago Transit Authority as
6556	6556	20 financial assistance from the City of Chicago from the
6557	6557	21 proceeds of any tax imposed by the City of Chicago under
6558	6558	22 Section 8-3-19 of the Illinois Municipal Code.
6559	6559	23 Notwithstanding any provision of law to the contrary,
6560	6560	24 beginning on July 6, 2017 (the effective date of Public Act
6561	6561	25 100-23), those amounts required under this paragraph (2) of
6562	6562	26 subsection (a) to be transferred by the Treasurer into the
6563	6563
6564	6564
6565	6565
6566	6566
6567	6567
6568	6568	SB1938 - 183 - LRB104 12003 RTM 22098 b
6569	6569
6570	6570
6571	6571	SB1938- 184 -LRB104 12003 RTM 22098 b SB1938 - 184 - LRB104 12003 RTM 22098 b
6572	6572	SB1938 - 184 - LRB104 12003 RTM 22098 b
6573	6573	1 Public Transportation Fund from the General Revenue Fund shall
6574	6574	2 be directly deposited into the Public Transportation Fund as
6575	6575	3 the revenues are realized from the taxes indicated.
6576	6576	4 (3) Except as otherwise provided in paragraph (4), as soon
6577	6577	5 as possible after the first day of January, 2009 and each month
6578	6578	6 thereafter, upon certification of the Department of Revenue
6579	6579	7 with respect to the taxes collected under Section 4.03, the
6580	6580	8 Comptroller shall order transferred and the Treasurer shall
6581	6581	9 transfer from the General Revenue Fund to the Public
6582	6582	10 Transportation Fund an amount equal to 25% of the net revenue,
6583	6583	11 before the deduction of the serviceman and retailer discounts
6584	6584	12 pursuant to Section 9 of the Service Occupation Tax Act and
6585	6585	13 Section 3 of the Retailers' Occupation Tax Act, realized from
6586	6586	14 (i) 20% of the proceeds of any tax imposed by the Authority at
6587	6587	15 a rate of 1.25% in Cook County, (ii) 25% of the proceeds of any
6588	6588	16 tax imposed by the Authority at the rate of 1% in Cook County,
6589	6589	17 and (iii) one-third of the proceeds of any tax imposed by the
6590	6590	18 Authority at the rate of 0.75% in the Counties of DuPage, Kane,
6591	6591	19 Lake, McHenry, and Will, all pursuant to Section 4.03, and the
6592	6592	20 Comptroller shall order transferred and the Treasurer shall
6593	6593	21 transfer from the General Revenue Fund to the Public
6594	6594	22 Transportation Fund (iv) an amount equal to 25% of the revenue
6595	6595	23 realized by the Chicago Transit Authority as financial
6596	6596	24 assistance from the City of Chicago from the proceeds of any
6597	6597	25 tax imposed by the City of Chicago under Section 8-3-19 of the
6598	6598	26 Illinois Municipal Code.
6599	6599
6600	6600
6601	6601
6602	6602
6603	6603
6604	6604	SB1938 - 184 - LRB104 12003 RTM 22098 b
6605	6605
6606	6606
6607	6607	SB1938- 185 -LRB104 12003 RTM 22098 b SB1938 - 185 - LRB104 12003 RTM 22098 b
6608	6608	SB1938 - 185 - LRB104 12003 RTM 22098 b
6609	6609	1 Notwithstanding any provision of law to the contrary,
6610	6610	2 beginning on July 6, 2017 (the effective date of Public Act
6611	6611	3 100-23), those amounts required under this paragraph (3) of
6612	6612	4 subsection (a) to be transferred by the Treasurer into the
6613	6613	5 Public Transportation Fund from the General Revenue Fund shall
6614	6614	6 be directly deposited into the Public Transportation Fund as
6615	6615	7 the revenues are realized from the taxes indicated.
6616	6616	8 (4) Notwithstanding any provision of law to the contrary,
6617	6617	9 for the State fiscal year beginning July 1, 2024 and each State
6618	6618	10 fiscal year thereafter, the first $150,000,000 that would have
6619	6619	11 otherwise been transferred from the General Revenue Fund and
6620	6620	12 deposited into the Public Transportation Fund as provided in
6621	6621	13 paragraphs (1), (2), and (3) of this subsection (a) shall
6622	6622	14 instead be transferred from the Road Fund by the Treasurer
6623	6623	15 upon certification by the Department of Revenue and order of
6624	6624	16 the Comptroller. For the State fiscal year beginning July 1,
6625	6625	17 2024, only, the next $75,000,000 that would have otherwise
6626	6626	18 been transferred from the General Revenue Fund and deposited
6627	6627	19 into the Public Transportation Fund as provided in paragraphs
6628	6628	20 (1), (2), and (3) of this subsection (a) shall instead be
6629	6629	21 transferred from the Road Fund and deposited into the Public
6630	6630	22 Transportation Fund by the Treasurer upon certification by the
6631	6631	23 Department of Revenue and order of the Comptroller. The funds
6632	6632	24 authorized and transferred pursuant to this amendatory Act of
6633	6633	25 the 103rd General Assembly are not intended or planned for
6634	6634	26 road construction projects. For the State fiscal year
6635	6635
6636	6636
6637	6637
6638	6638
6639	6639
6640	6640	SB1938 - 185 - LRB104 12003 RTM 22098 b
6641	6641
6642	6642
6643	6643	SB1938- 186 -LRB104 12003 RTM 22098 b SB1938 - 186 - LRB104 12003 RTM 22098 b
6644	6644	SB1938 - 186 - LRB104 12003 RTM 22098 b
6645	6645	1 beginning July 1, 2024, only, the next $50,000,000 that would
6646	6646	2 have otherwise been transferred from the General Revenue Fund
6647	6647	3 and deposited into the Public Transportation Fund as provided
6648	6648	4 in paragraphs (1), (2), and (3) of this subsection (a) shall
6649	6649	5 instead be transferred from the Underground Storage Tank Fund
6650	6650	6 and deposited into the Public Transportation Fund by the
6651	6651	7 Treasurer upon certification by the Department of Revenue and
6652	6652	8 order of the Comptroller. The remaining balance shall be
6653	6653	9 deposited each State fiscal year as otherwise provided in
6654	6654	10 paragraphs (1), (2), and (3) of this subsection (a).
6655	6655	11 (5) (Blank).
6656	6656	12 (6) (Blank).
6657	6657	13 (7) For State fiscal year 2020 only, notwithstanding any
6658	6658	14 provision of law to the contrary, the total amount of revenue
6659	6659	15 and deposits under this Section attributable to revenues
6660	6660	16 realized during State fiscal year 2020 shall be reduced by 5%.
6661	6661	17 (8) For State fiscal year 2021 only, notwithstanding any
6662	6662	18 provision of law to the contrary, the total amount of revenue
6663	6663	19 and deposits under this Section attributable to revenues
6664	6664	20 realized during State fiscal year 2021 shall be reduced by 5%.
6665	6665	21 (b)(1) All moneys deposited in the Public Transportation
6666	6666	22 Fund and the Regional Transportation Authority Occupation and
6667	6667	23 Use Tax Replacement Fund, whether deposited pursuant to this
6668	6668	24 Section or otherwise, are allocated to the Authority, except
6669	6669	25 for amounts appropriated to the Office of the Executive
6670	6670	26 Inspector General as authorized by subsection (h) of Section
6671	6671
6672	6672
6673	6673
6674	6674
6675	6675
6676	6676	SB1938 - 186 - LRB104 12003 RTM 22098 b
6677	6677
6678	6678
6679	6679	SB1938- 187 -LRB104 12003 RTM 22098 b SB1938 - 187 - LRB104 12003 RTM 22098 b
6680	6680	SB1938 - 187 - LRB104 12003 RTM 22098 b
6681	6681	1 4.03.3 and amounts transferred to the Audit Expense Fund
6682	6682	2 pursuant to Section 6z-27 of the State Finance Act. The
6683	6683	3 Comptroller, as soon as possible after each monthly transfer
6684	6684	4 provided in this Section and after each deposit into the
6685	6685	5 Public Transportation Fund, shall order the Treasurer to pay
6686	6686	6 to the Authority out of the Public Transportation Fund the
6687	6687	7 amount so transferred or deposited. Any Additional State
6688	6688	8 Assistance and Additional Financial Assistance paid to the
6689	6689	9 Authority under this Section shall be expended by the
6690	6690	10 Authority for its purposes as provided in this Act. The
6691	6691	11 balance of the amounts paid to the Authority from the Public
6692	6692	12 Transportation Fund shall be expended by the Authority as
6693	6693	13 provided in Section 4.03.3. The Comptroller, as soon as
6694	6694	14 possible after each deposit into the Regional Transportation
6695	6695	15 Authority Occupation and Use Tax Replacement Fund provided in
6696	6696	16 this Section and Section 6z-17 of the State Finance Act, shall
6697	6697	17 order the Treasurer to pay to the Authority out of the Regional
6698	6698	18 Transportation Authority Occupation and Use Tax Replacement
6699	6699	19 Fund the amount so deposited. Such amounts paid to the
6700	6700	20 Authority may be expended by it for its purposes as provided in
6701	6701	21 this Act. The provisions directing the distributions from the
6702	6702	22 Public Transportation Fund and the Regional Transportation
6703	6703	23 Authority Occupation and Use Tax Replacement Fund provided for
6704	6704	24 in this Section shall constitute an irrevocable and continuing
6705	6705	25 appropriation of all amounts as provided herein. The State
6706	6706	26 Treasurer and State Comptroller are hereby authorized and
6707	6707
6708	6708
6709	6709
6710	6710
6711	6711
6712	6712	SB1938 - 187 - LRB104 12003 RTM 22098 b
6713	6713
6714	6714
6715	6715	SB1938- 188 -LRB104 12003 RTM 22098 b SB1938 - 188 - LRB104 12003 RTM 22098 b
6716	6716	SB1938 - 188 - LRB104 12003 RTM 22098 b
6717	6717	1 directed to make distributions as provided in this Section.
6718	6718	2 (2) Provided, however, no moneys deposited under subsection
6719	6719	3 (a) of this Section shall be paid from the Public
6720	6720	4 Transportation Fund to the Authority or its assignee for any
6721	6721	5 fiscal year until the Authority has certified to the Governor,
6722	6722	6 the Comptroller, and the Mayor of the City of Chicago that it
6723	6723	7 has adopted for that fiscal year an Annual Budget and Two-Year
6724	6724	8 Financial Plan meeting the requirements in Section 4.01(b).
6725	6725	9 (c) In recognition of the efforts of the Authority to
6726	6726	10 enhance the mass transportation facilities under its control,
6727	6727	11 the State shall provide financial assistance ("Additional
6728	6728	12 State Assistance") in excess of the amounts transferred to the
6729	6729	13 Authority from the General Revenue Fund under subsection (a)
6730	6730	14 of this Section. Additional State Assistance shall be
6731	6731	15 calculated as provided in subsection (d), but shall in no
6732	6732	16 event exceed the following specified amounts with respect to
6733	6733	17 the following State fiscal years:
6734	6734	18 1990$5,000,000;19 1991$5,000,000;20 1992$10,000,000;21 1993$10,000,000;22 1994$20,000,000;23 1995$30,000,000;24 1996$40,000,000;25 1997$50,000,000;26 1998$55,000,000; and 18 1990 $5,000,000; 19 1991 $5,000,000; 20 1992 $10,000,000; 21 1993 $10,000,000; 22 1994 $20,000,000; 23 1995 $30,000,000; 24 1996 $40,000,000; 25 1997 $50,000,000; 26 1998 $55,000,000; and
6735	6735	18 1990 $5,000,000;
6736	6736	19 1991 $5,000,000;
6737	6737	20 1992 $10,000,000;
6738	6738	21 1993 $10,000,000;
6739	6739	22 1994 $20,000,000;
6740	6740	23 1995 $30,000,000;
6741	6741	24 1996 $40,000,000;
6742	6742	25 1997 $50,000,000;
6743	6743	26 1998 $55,000,000; and
6744	6744
6745	6745
6746	6746
6747	6747
6748	6748
6749	6749	SB1938 - 188 - LRB104 12003 RTM 22098 b
6750	6750
6751	6751
6752	6752	18 1990 $5,000,000;
6753	6753	19 1991 $5,000,000;
6754	6754	20 1992 $10,000,000;
6755	6755	21 1993 $10,000,000;
6756	6756	22 1994 $20,000,000;
6757	6757	23 1995 $30,000,000;
6758	6758	24 1996 $40,000,000;
6759	6759	25 1997 $50,000,000;
6760	6760	26 1998 $55,000,000; and
6761	6761
6762	6762
6763	6763	SB1938- 189 -LRB104 12003 RTM 22098 b SB1938 - 189 - LRB104 12003 RTM 22098 b
6764	6764	SB1938 - 189 - LRB104 12003 RTM 22098 b
6765	6765	1 each year thereafter$55,000,000. 1 each year thereafter $55,000,000.
6766	6766	1 each year thereafter $55,000,000.
6767	6767	2 (c-5) The State shall provide financial assistance
6768	6768	3 ("Additional Financial Assistance") in addition to the
6769	6769	4 Additional State Assistance provided by subsection (c) and the
6770	6770	5 amounts transferred to the Authority from the General Revenue
6771	6771	6 Fund under subsection (a) of this Section. Additional
6772	6772	7 Financial Assistance provided by this subsection shall be
6773	6773	8 calculated as provided in subsection (d), but shall in no
6774	6774	9 event exceed the following specified amounts with respect to
6775	6775	10 the following State fiscal years:
6776	6776	11 2000$0;12 2001$16,000,000;13 2002$35,000,000;14 2003$54,000,000;15 2004$73,000,000;16 2005$93,000,000; and17 each year thereafter$100,000,000. 11 2000 $0; 12 2001 $16,000,000; 13 2002 $35,000,000; 14 2003 $54,000,000; 15 2004 $73,000,000; 16 2005 $93,000,000; and 17 each year thereafter $100,000,000.
6777	6777	11 2000 $0;
6778	6778	12 2001 $16,000,000;
6779	6779	13 2002 $35,000,000;
6780	6780	14 2003 $54,000,000;
6781	6781	15 2004 $73,000,000;
6782	6782	16 2005 $93,000,000; and
6783	6783	17 each year thereafter $100,000,000.
6784	6784	18 (d) Beginning with State fiscal year 1990 and continuing
6785	6785	19 for each State fiscal year thereafter, the Authority shall
6786	6786	20 annually certify to the State Comptroller and State Treasurer,
6787	6787	21 separately with respect to each of subdivisions (g)(2) and
6788	6788	22 (g)(3) of Section 4.04 of this Act, the following amounts:
6789	6789	23 (1) The amount necessary and required, during the
6790	6790	24 State fiscal year with respect to which the certification
6791	6791	25 is made, to pay its obligations for debt service on all
6792	6792	26 outstanding bonds or notes issued by the Authority under
6793	6793
6794	6794
6795	6795
6796	6796
6797	6797
6798	6798	SB1938 - 189 - LRB104 12003 RTM 22098 b
6799	6799
6800	6800	1 each year thereafter $55,000,000.
6801	6801
6802	6802
6803	6803	11 2000 $0;
6804	6804	12 2001 $16,000,000;
6805	6805	13 2002 $35,000,000;
6806	6806	14 2003 $54,000,000;
6807	6807	15 2004 $73,000,000;
6808	6808	16 2005 $93,000,000; and
6809	6809	17 each year thereafter $100,000,000.
6810	6810
6811	6811
6812	6812	SB1938- 190 -LRB104 12003 RTM 22098 b SB1938 - 190 - LRB104 12003 RTM 22098 b
6813	6813	SB1938 - 190 - LRB104 12003 RTM 22098 b
6814	6814	1 subdivisions (g)(2) and (g)(3) of Section 4.04 of this
6815	6815	2 Act.
6816	6816	3 (2) An estimate of the amount necessary and required
6817	6817	4 to pay its obligations for debt service for any bonds or
6818	6818	5 notes which the Authority anticipates it will issue under
6819	6819	6 subdivisions (g)(2) and (g)(3) of Section 4.04 during that
6820	6820	7 State fiscal year.
6821	6821	8 (3) Its debt service savings during the preceding
6822	6822	9 State fiscal year from refunding or advance refunding of
6823	6823	10 bonds or notes issued under subdivisions (g)(2) and (g)(3)
6824	6824	11 of Section 4.04.
6825	6825	12 (4) The amount of interest, if any, earned by the
6826	6826	13 Authority during the previous State fiscal year on the
6827	6827	14 proceeds of bonds or notes issued pursuant to subdivisions
6828	6828	15 (g)(2) and (g)(3) of Section 4.04, other than refunding or
6829	6829	16 advance refunding bonds or notes.
6830	6830	17 The certification shall include a specific schedule of
6831	6831	18 debt service payments, including the date and amount of each
6832	6832	19 payment for all outstanding bonds or notes and an estimated
6833	6833	20 schedule of anticipated debt service for all bonds and notes
6834	6834	21 it intends to issue, if any, during that State fiscal year,
6835	6835	22 including the estimated date and estimated amount of each
6836	6836	23 payment.
6837	6837	24 Immediately upon the issuance of bonds for which an
6838	6838	25 estimated schedule of debt service payments was prepared, the
6839	6839	26 Authority shall file an amended certification with respect to
6840	6840
6841	6841
6842	6842
6843	6843
6844	6844
6845	6845	SB1938 - 190 - LRB104 12003 RTM 22098 b
6846	6846
6847	6847
6848	6848	SB1938- 191 -LRB104 12003 RTM 22098 b SB1938 - 191 - LRB104 12003 RTM 22098 b
6849	6849	SB1938 - 191 - LRB104 12003 RTM 22098 b
6850	6850	1 item (2) above, to specify the actual schedule of debt service
6851	6851	2 payments, including the date and amount of each payment, for
6852	6852	3 the remainder of the State fiscal year.
6853	6853	4 On the first day of each month of the State fiscal year in
6854	6854	5 which there are bonds outstanding with respect to which the
6855	6855	6 certification is made, the State Comptroller shall order
6856	6856	7 transferred and the State Treasurer shall transfer from the
6857	6857	8 Road Fund to the Public Transportation Fund the Additional
6858	6858	9 State Assistance and Additional Financial Assistance in an
6859	6859	10 amount equal to the aggregate of (i) one-twelfth of the sum of
6860	6860	11 the amounts certified under items (1) and (3) above less the
6861	6861	12 amount certified under item (4) above, plus (ii) the amount
6862	6862	13 required to pay debt service on bonds and notes issued during
6863	6863	14 the fiscal year, if any, divided by the number of months
6864	6864	15 remaining in the fiscal year after the date of issuance, or
6865	6865	16 some smaller portion as may be necessary under subsection (c)
6866	6866	17 or (c-5) of this Section for the relevant State fiscal year,
6867	6867	18 plus (iii) any cumulative deficiencies in transfers for prior
6868	6868	19 months, until an amount equal to the sum of the amounts
6869	6869	20 certified under items (1) and (3) above, plus the actual debt
6870	6870	21 service certified under item (2) above, less the amount
6871	6871	22 certified under item (4) above, has been transferred; except
6872	6872	23 that these transfers are subject to the following limits:
6873	6873	24 (A) In no event shall the total transfers in any State
6874	6874	25 fiscal year relating to outstanding bonds and notes issued
6875	6875	26 by the Authority under subdivision (g)(2) of Section 4.04
6876	6876
6877	6877
6878	6878
6879	6879
6880	6880
6881	6881	SB1938 - 191 - LRB104 12003 RTM 22098 b
6882	6882
6883	6883
6884	6884	SB1938- 192 -LRB104 12003 RTM 22098 b SB1938 - 192 - LRB104 12003 RTM 22098 b
6885	6885	SB1938 - 192 - LRB104 12003 RTM 22098 b
6886	6886	1 exceed the lesser of the annual maximum amount specified
6887	6887	2 in subsection (c) or the sum of the amounts certified
6888	6888	3 under items (1) and (3) above, plus the actual debt
6889	6889	4 service certified under item (2) above, less the amount
6890	6890	5 certified under item (4) above, with respect to those
6891	6891	6 bonds and notes.
6892	6892	7 (B) In no event shall the total transfers in any State
6893	6893	8 fiscal year relating to outstanding bonds and notes issued
6894	6894	9 by the Authority under subdivision (g)(3) of Section 4.04
6895	6895	10 exceed the lesser of the annual maximum amount specified
6896	6896	11 in subsection (c-5) or the sum of the amounts certified
6897	6897	12 under items (1) and (3) above, plus the actual debt
6898	6898	13 service certified under item (2) above, less the amount
6899	6899	14 certified under item (4) above, with respect to those
6900	6900	15 bonds and notes.
6901	6901	16 The term "outstanding" does not include bonds or notes for
6902	6902	17 which refunding or advance refunding bonds or notes have been
6903	6903	18 issued.
6904	6904	19 (e) Neither Additional State Assistance nor Additional
6905	6905	20 Financial Assistance may be pledged, either directly or
6906	6906	21 indirectly as general revenues of the Authority, as security
6907	6907	22 for any bonds issued by the Authority. The Authority may not
6908	6908	23 assign its right to receive Additional State Assistance or
6909	6909	24 Additional Financial Assistance, or direct payment of
6910	6910	25 Additional State Assistance or Additional Financial
6911	6911	26 Assistance, to a trustee or any other entity for the payment of
6912	6912
6913	6913
6914	6914
6915	6915
6916	6916
6917	6917	SB1938 - 192 - LRB104 12003 RTM 22098 b
6918	6918
6919	6919
6920	6920	SB1938- 193 -LRB104 12003 RTM 22098 b SB1938 - 193 - LRB104 12003 RTM 22098 b
6921	6921	SB1938 - 193 - LRB104 12003 RTM 22098 b
6922	6922	1 debt service on its bonds.
6923	6923	2 (f) The certification required under subsection (d) with
6924	6924	3 respect to outstanding bonds and notes of the Authority shall
6925	6925	4 be filed as early as practicable before the beginning of the
6926	6926	5 State fiscal year to which it relates. The certification shall
6927	6927	6 be revised as may be necessary to accurately state the debt
6928	6928	7 service requirements of the Authority.
6929	6929	8 (g) Within 6 months of the end of each fiscal year, the
6930	6930	9 Authority shall determine:
6931	6931	10 (i) whether the aggregate of all system generated
6932	6932	11 revenues for public transportation in the metropolitan
6933	6933	12 region which is provided by, or under grant or purchase of
6934	6934	13 service contracts with, the Service Boards equals 50% of
6935	6935	14 the aggregate of all costs of providing such public
6936	6936	15 transportation. For fiscal years 2026 and 2027, the
6937	6937	16 Authority shall determine if all system generated revenues
6938	6938	17 for public transportation in the metropolitan region which
6939	6939	18 is provided by, or under grant or purchase of service
6940	6940	19 contracts with, the Service Boards equals 25% of the
6941	6941	20 aggregate of all costs of providing such public
6942	6942	21 transportation. For fiscal years 2028 and 2029 and every
6943	6943	22 year thereafter, the Authority shall determine if all
6944	6944	23 system generated revenues for public transportation in the
6945	6945	24 metropolitan region that is provided by, or under grant or
6946	6946	25 purchase of service contracts with, the Service Boards
6947	6947	26 equals 15% of the aggregate of all costs of providing such
6948	6948
6949	6949
6950	6950
6951	6951
6952	6952
6953	6953	SB1938 - 193 - LRB104 12003 RTM 22098 b
6954	6954
6955	6955
6956	6956	SB1938- 194 -LRB104 12003 RTM 22098 b SB1938 - 194 - LRB104 12003 RTM 22098 b
6957	6957	SB1938 - 194 - LRB104 12003 RTM 22098 b
6958	6958	1 public transportation. Prior to the beginning of fiscal
6959	6959	2 year 2030, the General Assembly shall reevaluate and
6960	6960	3 determine the appropriate system generated revenues
6961	6961	4 recovery ratio for future years. "System generated
6962	6962	5 revenues" include all the proceeds of fares and charges
6963	6963	6 for services provided, contributions received in
6964	6964	7 connection with public transportation from units of local
6965	6965	8 government other than the Authority, except for
6966	6966	9 contributions received by the Chicago Transit Authority
6967	6967	10 from a real estate transfer tax imposed under subsection
6968	6968	11 (i) of Section 8-3-19 of the Illinois Municipal Code, and
6969	6969	12 from the State pursuant to subsection (i) of Section
6970	6970	13 2705-305 of the Department of Transportation Law, and all
6971	6971	14 other revenues properly included consistent with generally
6972	6972	15 accepted accounting principles but may not include: the
6973	6973	16 proceeds from any borrowing, and, beginning with the 2007
6974	6974	17 fiscal year, all revenues and receipts, including but not
6975	6975	18 limited to fares and grants received from the federal,
6976	6976	19 State or any unit of local government or other entity,
6977	6977	20 derived from providing ADA paratransit service pursuant to
6978	6978	21 Section 2.30 of the Regional Transportation Authority Act.
6979	6979	22 "Costs" include all items properly included as operating
6980	6980	23 costs consistent with generally accepted accounting
6981	6981	24 principles, including administrative costs, but do not
6982	6982	25 include: depreciation; payment of principal and interest
6983	6983	26 on bonds, notes or other evidences of obligations for
6984	6984
6985	6985
6986	6986
6987	6987
6988	6988
6989	6989	SB1938 - 194 - LRB104 12003 RTM 22098 b
6990	6990
6991	6991
6992	6992	SB1938- 195 -LRB104 12003 RTM 22098 b SB1938 - 195 - LRB104 12003 RTM 22098 b
6993	6993	SB1938 - 195 - LRB104 12003 RTM 22098 b
6994	6994	1 borrowed money of the Authority; payments with respect to
6995	6995	2 public transportation facilities made pursuant to
6996	6996	3 subsection (b) of Section 2.20; any payments with respect
6997	6997	4 to rate protection contracts, credit enhancements or
6998	6998	5 liquidity agreements made under Section 4.14; any other
6999	6999	6 cost as to which it is reasonably expected that a cash
7000	7000	7 expenditure will not be made; costs for passenger security
7001	7001	8 including grants, contracts, personnel, equipment and
7002	7002	9 administrative expenses, except in the case of the Chicago
7003	7003	10 Transit Authority, in which case the term does not include
7004	7004	11 costs spent annually by that entity for protection against
7005	7005	12 crime as required by Section 27a of the Metropolitan
7006	7006	13 Transit Authority Act; the costs of Debt Service paid by
7007	7007	14 the Chicago Transit Authority, as defined in Section 12c
7008	7008	15 of the Metropolitan Transit Authority Act, or bonds or
7009	7009	16 notes issued pursuant to that Section; the payment by the
7010	7010	17 Commuter Rail Division of debt service on bonds issued
7011	7011	18 pursuant to Section 3B.09; expenses incurred by the
7012	7012	19 Suburban Bus Division for the cost of new public
7013	7013	20 transportation services funded from grants pursuant to
7014	7014	21 Section 2.01e of this Act for a period of 2 years from the
7015	7015	22 date of initiation of each such service; costs as exempted
7016	7016	23 by the Board for projects pursuant to Section 2.09 of this
7017	7017	24 Act; or, beginning with the 2007 fiscal year, expenses
7018	7018	25 related to providing ADA paratransit service pursuant to
7019	7019	26 Section 2.30 of the Regional Transportation Authority Act;
7020	7020
7021	7021
7022	7022
7023	7023
7024	7024
7025	7025	SB1938 - 195 - LRB104 12003 RTM 22098 b
7026	7026
7027	7027
7028	7028	SB1938- 196 -LRB104 12003 RTM 22098 b SB1938 - 196 - LRB104 12003 RTM 22098 b
7029	7029	SB1938 - 196 - LRB104 12003 RTM 22098 b
7030	7030	1 or in fiscal years 2008 through 2012 inclusive, costs in
7031	7031	2 the amount of $200,000,000 in fiscal year 2008, reducing
7032	7032	3 by $40,000,000 in each fiscal year thereafter until this
7033	7033	4 exemption is eliminated; and expenses incurred by any and
7034	7034	5 all Service Boards for the cost of new public
7035	7035	6 transportation services for a period of 2 years from the
7036	7036	7 date of initiation of each such service. If said system
7037	7037	8 generated revenues are less than 50% of said costs, the
7038	7038	9 Board shall remit an amount equal to the amount of the
7039	7039	10 deficit to the State; however, due to the fiscal impacts
7040	7040	11 from the COVID-19 pandemic, for fiscal years 2021, 2022,
7041	7041	12 2023, 2024, and 2025, no such payment shall be required.
7042	7042	13 The Treasurer shall deposit any such payment in the Road
7043	7043	14 Fund; and
7044	7044	15 (ii) whether, beginning with the 2007 fiscal year, the
7045	7045	16 aggregate of all fares charged and received for ADA
7046	7046	17 paratransit services equals the system generated ADA
7047	7047	18 paratransit services revenue recovery ratio percentage of
7048	7048	19 the aggregate of all costs of providing such ADA
7049	7049	20 paratransit services, as required under subsection (b) of
7050	7050	21 Section.
7051	7051	22 (h) If the Authority makes any payment to the State under
7052	7052	23 paragraph (g), the Authority shall reduce the amount provided
7053	7053	24 to a Service Board from funds transferred under paragraph (a)
7054	7054	25 in proportion to the amount by which that Service Board failed
7055	7055	26 to meet its required system generated revenues recovery ratio.
7056	7056
7057	7057
7058	7058
7059	7059
7060	7060
7061	7061	SB1938 - 196 - LRB104 12003 RTM 22098 b
7062	7062
7063	7063
7064	7064	SB1938- 197 -LRB104 12003 RTM 22098 b SB1938 - 197 - LRB104 12003 RTM 22098 b
7065	7065	SB1938 - 197 - LRB104 12003 RTM 22098 b
7066	7066	1 A Service Board which is affected by a reduction in funds under
7067	7067	2 this paragraph shall submit to the Authority concurrently with
7068	7068	3 its next due quarterly report a revised budget incorporating
7069	7069	4 the reduction in funds. The revised budget must meet the
7070	7070	5 criteria specified in clauses (i) through (vi) of Section
7071	7071	6 4.11(b)(2). The Board shall review and act on the revised
7072	7072	7 budget as provided in Section 4.11(b)(3).
7073	7073	8 (Source: P.A. 102-678, eff. 12-10-21; 103-281, eff. 1-1-24;
7074	7074	9 103-588, eff. 6-5-24.)
7075	7075	10 (70 ILCS 3615/4.11) (from Ch. 111 2/3, par. 704.11)
7076	7076	11 Sec. 4.11. Budget Review Powers.
7077	7077	12 (a) Based upon estimates which shall be given to the
7078	7078	13 Authority by the Director of the Governor's Office of
7079	7079	14 Management and Budget (formerly Bureau of the Budget) of the
7080	7080	15 receipts to be received by the Authority from the taxes
7081	7081	16 imposed by the Authority and the authorized estimates of
7082	7082	17 amounts to be available from State and other sources to the
7083	7083	18 Service Boards, and the times at which such receipts and
7084	7084	19 amounts will be available, the Board shall, not later than the
7085	7085	20 next preceding September 15th prior to the beginning of the
7086	7086	21 Authority's next fiscal year, advise each Service Board of the
7087	7087	22 amounts estimated by the Board to be available for such
7088	7088	23 Service Board during such fiscal year and the two following
7089	7089	24 fiscal years and the times at which such amounts will be
7090	7090	25 available. The Board shall, at the same time, also advise each
7091	7091
7092	7092
7093	7093
7094	7094
7095	7095
7096	7096	SB1938 - 197 - LRB104 12003 RTM 22098 b
7097	7097
7098	7098
7099	7099	SB1938- 198 -LRB104 12003 RTM 22098 b SB1938 - 198 - LRB104 12003 RTM 22098 b
7100	7100	SB1938 - 198 - LRB104 12003 RTM 22098 b
7101	7101	1 Service Board of its required system generated revenues
7102	7102	2 recovery ratio for the next fiscal year which shall be the
7103	7103	3 percentage of the aggregate costs of providing public
7104	7104	4 transportation by or under jurisdiction of that Service Board
7105	7105	5 which must be recovered from system generated revenues. The
7106	7106	6 Board shall, at the same time, consider the written
7107	7107	7 determination of the Executive Director, made pursuant to
7108	7108	8 Section 2.01d, of the costs of ADA paratransit services that
7109	7109	9 are required to be provided under the federal Americans with
7110	7110	10 Disabilities Act of 1990 and its implementing regulations, and
7111	7111	11 shall amend the current year budgets of the Authority and the
7112	7112	12 Service Boards to provide for additional funding for the
7113	7113	13 provision of ADA paratransit services, if needed. The Board
7114	7114	14 shall, at the same time, beginning with the 2007 fiscal year,
7115	7115	15 also advise each Service Board that provides ADA paratransit
7116	7116	16 services of its required system generated ADA paratransit
7117	7117	17 services revenue recovery ratio for the next fiscal year which
7118	7118	18 shall be the percentage of the aggregate costs of providing
7119	7119	19 ADA paratransit services by or under jurisdiction of that
7120	7120	20 Service Board which must be recovered from fares charged for
7121	7121	21 such services, except that such required system generated ADA
7122	7122	22 paratransit services revenue recovery ratio shall not exceed
7123	7123	23 the minimum percentage established pursuant to Section
7124	7124	24 4.01(b)(ii) of this Act. In determining a Service Board's
7125	7125	25 system generated revenue recovery ratio, the Board shall
7126	7126	26 consider the historical system generated revenues recovery
7127	7127
7128	7128
7129	7129
7130	7130
7131	7131
7132	7132	SB1938 - 198 - LRB104 12003 RTM 22098 b
7133	7133
7134	7134
7135	7135	SB1938- 199 -LRB104 12003 RTM 22098 b SB1938 - 199 - LRB104 12003 RTM 22098 b
7136	7136	SB1938 - 199 - LRB104 12003 RTM 22098 b
7137	7137	1 ratio for the services subject to the jurisdiction of that
7138	7138	2 Service Board. The Board shall not increase a Service Board's
7139	7139	3 system generated revenues recovery ratio for the next fiscal
7140	7140	4 year over such ratio for the current fiscal year
7141	7141	5 disproportionately or prejudicially to increases in such
7142	7142	6 ratios for other Service Boards. The Board may, by ordinance,
7143	7143	7 provide that (i) the cost of research and development projects
7144	7144	8 in the fiscal year beginning January 1, 1986 and ending
7145	7145	9 December 31, 1986 conducted pursuant to Section 2.09 of this
7146	7146	10 Act, (ii) the costs for passenger security, and (iii)
7147	7147	11 expenditures of amounts granted to a Service Board from the
7148	7148	12 Innovation, Coordination, and Enhancement Fund for operating
7149	7149	13 purposes may be exempted from the farebox recovery ratio or
7150	7150	14 the system generated revenues recovery ratio of the Chicago
7151	7151	15 Transit Authority, the Suburban Bus Board, and the Commuter
7152	7152	16 Rail Board, or any of them. During fiscal years 2008 through
7153	7153	17 2012, the Board may also allocate the exemption of
7154	7154	18 $200,000,000 and the reducing amounts of costs provided by
7155	7155	19 this amendatory Act of the 95th General Assembly from the
7156	7156	20 farebox recovery ratio or system generated revenues recovery
7157	7157	21 ratio of each Service Board.
7158	7158	22 (b)(1) Not later than the next preceding November 15 prior
7159	7159	23 to the commencement of such fiscal year, each Service Board
7160	7160	24 shall submit to the Authority its proposed budget for such
7161	7161	25 fiscal year and its proposed financial plan for the two
7162	7162	26 following fiscal years. Such budget and financial plan shall
7163	7163
7164	7164
7165	7165
7166	7166
7167	7167
7168	7168	SB1938 - 199 - LRB104 12003 RTM 22098 b
7169	7169
7170	7170
7171	7171	SB1938- 200 -LRB104 12003 RTM 22098 b SB1938 - 200 - LRB104 12003 RTM 22098 b
7172	7172	SB1938 - 200 - LRB104 12003 RTM 22098 b
7173	7173	1 (i) be prepared in the format, follow the financial and
7174	7174	2 budgetary practices, and be based on any assumptions and
7175	7175	3 projections required by the Authority and (ii) not project or
7176	7176	4 assume a receipt of revenues from the Authority in amounts
7177	7177	5 greater than those set forth in the estimates provided by the
7178	7178	6 Authority pursuant to subsection (a) of this Section.
7179	7179	7 (2) The Board shall review the proposed budget and
7180	7180	8 two-year financial plan submitted by each Service Board. The
7181	7181	9 Board shall approve the budget and two-year financial plan of
7182	7182	10 a Service Board if:
7183	7183	11 (i) such budget and plan show a balance between (A)
7184	7184	12 anticipated revenues from all sources including operating
7185	7185	13 subsidies and (B) the costs of providing the services
7186	7186	14 specified and of funding any operating deficits or
7187	7187	15 encumbrances incurred in prior periods, including
7188	7188	16 provision for payment when due of principal and interest
7189	7189	17 on outstanding indebtedness;
7190	7190	18 (ii) such budget and plan show cash balances including
7191	7191	19 the proceeds of any anticipated cash flow borrowing
7192	7192	20 sufficient to pay with reasonable promptness all costs and
7193	7193	21 expenses as incurred;
7194	7194	22 (iii) such budget and plan provide for a level of
7195	7195	23 fares or charges and operating or administrative costs for
7196	7196	24 the public transportation provided by or subject to the
7197	7197	25 jurisdiction of such Service Board sufficient to allow the
7198	7198	26 Service Board to meet its required system generated
7199	7199
7200	7200
7201	7201
7202	7202
7203	7203
7204	7204	SB1938 - 200 - LRB104 12003 RTM 22098 b
7205	7205
7206	7206
7207	7207	SB1938- 201 -LRB104 12003 RTM 22098 b SB1938 - 201 - LRB104 12003 RTM 22098 b
7208	7208	SB1938 - 201 - LRB104 12003 RTM 22098 b
7209	7209	1 revenue recovery ratio and, beginning with the 2007 fiscal
7210	7210	2 year, system generated ADA paratransit services revenue
7211	7211	3 recovery ratio;
7212	7212	4 (iv) such budget and plan are based upon and employ
7213	7213	5 assumptions and projections which are reasonable and
7214	7214	6 prudent;
7215	7215	7 (v) such budget and plan have been prepared in
7216	7216	8 accordance with sound financial practices as determined by
7217	7217	9 the Board;
7218	7218	10 (vi) such budget and plan meet such other financial,
7219	7219	11 budgetary, or fiscal requirements that the Board may by
7220	7220	12 rule or regulation establish; and
7221	7221	13 (vii) such budget and plan are consistent with the
7222	7222	14 goals and objectives adopted by the Authority in the
7223	7223	15 Strategic Plan.
7224	7224	16 (3) (Blank).
7225	7225	17 (4) Unless the Board by an affirmative vote of 12 of the
7226	7226	18 then Directors, prior to February 1, 2026, and by the
7227	7227	19 affirmative vote of at least 14 of it then Directors,
7228	7228	20 beginning February 1, 2026, determines that the budget and
7229	7229	21 financial plan of a Service Board meets the criteria specified
7230	7230	22 in clauses (i) through (vii) of subparagraph (2) of this
7231	7231	23 paragraph (b), the Board shall withhold from that Service
7232	7232	24 Board 25% of the cash proceeds of taxes imposed by the
7233	7233	25 Authority under Section 4.03 and Section 4.03.1 and received
7234	7234	26 after February 1 and 25% of the amounts transferred to the
7235	7235
7236	7236
7237	7237
7238	7238
7239	7239
7240	7240	SB1938 - 201 - LRB104 12003 RTM 22098 b
7241	7241
7242	7242
7243	7243	SB1938- 202 -LRB104 12003 RTM 22098 b SB1938 - 202 - LRB104 12003 RTM 22098 b
7244	7244	SB1938 - 202 - LRB104 12003 RTM 22098 b
7245	7245	1 Authority from the Public Transportation Fund under Section
7246	7246	2 4.09(a) (but not including Section 4.09(a)(3)(iv)) after
7247	7247	3 February 1 that the Board has estimated to be available to that
7248	7248	4 Service Board under Section 4.11(a). Such funding shall be
7249	7249	5 released to the Service Board only upon approval of a budget
7250	7250	6 and financial plan under this Section or adoption of a budget
7251	7251	7 and financial plan on behalf of the Service Board by the
7252	7252	8 Authority.
7253	7253	9 (5) If the Board has not found that the budget and
7254	7254	10 financial plan of a Service Board meets the criteria specified
7255	7255	11 in clauses (i) through (vii) of subparagraph (2) of this
7256	7256	12 paragraph (b), the Board, by the affirmative vote of at least
7257	7257	13 12 of its then Directors, prior to February 1, 2026, and by the
7258	7258	14 affirmative vote of at least 14 of it then Directors,
7259	7259	15 beginning February 1, 2026, shall adopt a budget and financial
7260	7260	16 plan meeting such criteria for that Service Board.
7261	7261	17 (c)(1) If the Board shall at any time have received a
7262	7262	18 revised estimate, or revises any estimate the Board has made,
7263	7263	19 pursuant to this Section of the receipts to be collected by the
7264	7264	20 Authority which, in the judgment of the Board, requires a
7265	7265	21 change in the estimates on which the budget of any Service
7266	7266	22 Board is based, the Board shall advise the affected Service
7267	7267	23 Board of such revised estimates, and such Service Board shall
7268	7268	24 within 30 days after receipt of such advice submit a revised
7269	7269	25 budget incorporating such revised estimates. If the revised
7270	7270	26 estimates require, in the judgment of the Board, that the
7271	7271
7272	7272
7273	7273
7274	7274
7275	7275
7276	7276	SB1938 - 202 - LRB104 12003 RTM 22098 b
7277	7277
7278	7278
7279	7279	SB1938- 203 -LRB104 12003 RTM 22098 b SB1938 - 203 - LRB104 12003 RTM 22098 b
7280	7280	SB1938 - 203 - LRB104 12003 RTM 22098 b
7281	7281	1 system generated revenues recovery ratio of one or more
7282	7282	2 Service Boards be revised in order to allow the Authority to
7283	7283	3 meet its required ratio, the Board shall advise any such
7284	7284	4 Service Board of its revised ratio and such Service Board
7285	7285	5 shall within 30 days after receipt of such advice submit a
7286	7286	6 revised budget incorporating such revised estimates or ratio.
7287	7287	7 (2) Each Service Board shall, within such period after the
7288	7288	8 end of each fiscal quarter as shall be specified by the Board,
7289	7289	9 report to the Authority its financial condition and results of
7290	7290	10 operations and the financial condition and results of
7291	7291	11 operations of the public transportation services subject to
7292	7292	12 its jurisdiction, as at the end of and for such quarter. If in
7293	7293	13 the judgment of the Board such condition and results are not
7294	7294	14 substantially in accordance with such Service Board's budget
7295	7295	15 for such period, the Board shall so advise such Service Board
7296	7296	16 and such Service Board shall within the period specified by
7297	7297	17 the Board submit a revised budget incorporating such results.
7298	7298	18 (3) If the Board shall determine that a revised budget
7299	7299	19 submitted by a Service Board pursuant to subparagraph (1) or
7300	7300	20 (2) of this paragraph (c) does not meet the criteria specified
7301	7301	21 in clauses (i) through (vii) of subparagraph (2) of paragraph
7302	7302	22 (b) of this Section, the Board shall withhold from that
7303	7303	23 Service Board 25% of the cash proceeds of taxes imposed by the
7304	7304	24 Authority under Section 4.03 or 4.03.1 and received by the
7305	7305	25 Authority after February 1 and 25% of the amounts transferred
7306	7306	26 to the Authority from the Public Transportation Fund under
7307	7307
7308	7308
7309	7309
7310	7310
7311	7311
7312	7312	SB1938 - 203 - LRB104 12003 RTM 22098 b
7313	7313
7314	7314
7315	7315	SB1938- 204 -LRB104 12003 RTM 22098 b SB1938 - 204 - LRB104 12003 RTM 22098 b
7316	7316	SB1938 - 204 - LRB104 12003 RTM 22098 b
7317	7317	1 Section 4.09(a) (but not including Section 4.09(a)(3)(iv))
7318	7318	2 after February 1 that the Board has estimated to be available
7319	7319	3 to that Service Board under Section 4.11(a). If the Service
7320	7320	4 Board submits a revised financial plan and budget which plan
7321	7321	5 and budget shows that the criteria will be met within a four
7322	7322	6 quarter period, the Board shall release any such withheld
7323	7323	7 funds to the Service Board. The Board by the affirmative vote
7324	7324	8 of at least 12 of its then Directors, prior to February 1,
7325	7325	9 2026, and by the affirmative vote of at least 14 of its then
7326	7326	10 Directors, beginning February 1, 2026, may require a Service
7327	7327	11 Board to submit a revised financial plan and budget which
7328	7328	12 shows that the criteria will be met in a time period less than
7329	7329	13 four quarters.
7330	7330	14 (d) All budgets and financial plans, financial statements,
7331	7331	15 audits and other information presented to the Authority
7332	7332	16 pursuant to this Section or which may be required by the Board
7333	7333	17 to permit it to monitor compliance with the provisions of this
7334	7334	18 Section shall be prepared and presented in such manner and
7335	7335	19 frequency and in such detail as shall have been prescribed by
7336	7336	20 the Board, shall be prepared on both an accrual and cash flow
7337	7337	21 basis as specified by the Board, shall present such
7338	7338	22 information as the Authority shall prescribe that fairly
7339	7339	23 presents the condition of any pension plan or trust for health
7340	7340	24 care benefits with respect to retirees established by the
7341	7341	25 Service Board and describes the plans of the Service Board to
7342	7342	26 meet the requirements of Sections 4.02a and 4.02b, and shall
7343	7343
7344	7344
7345	7345
7346	7346
7347	7347
7348	7348	SB1938 - 204 - LRB104 12003 RTM 22098 b
7349	7349
7350	7350
7351	7351	SB1938- 205 -LRB104 12003 RTM 22098 b SB1938 - 205 - LRB104 12003 RTM 22098 b
7352	7352	SB1938 - 205 - LRB104 12003 RTM 22098 b
7353	7353	1 identify and describe the assumptions and projections employed
7354	7354	2 in the preparation thereof to the extent required by the
7355	7355	3 Board. If the Executive Director certifies that a Service
7356	7356	4 Board has not presented its budget and two-year financial plan
7357	7357	5 in conformity with the rules adopted by the Authority under
7358	7358	6 the provisions of Section 4.01(f) and this subsection (d), and
7359	7359	7 such certification is accepted by the affirmative vote of at
7360	7360	8 least 12 of the then Directors of the Authority, prior to
7361	7361	9 February 1, 2026, and by the affirmative vote of at least 14 of
7362	7362	10 the then Directors of the Authority, beginning February 1,
7363	7363	11 2026, the Authority shall not distribute to that Service Board
7364	7364	12 any funds for operating purposes in excess of the amounts
7365	7365	13 distributed for such purposes to the Service Board in the
7366	7366	14 previous fiscal year. Except when the Board adopts a budget
7367	7367	15 and a financial plan for a Service Board under paragraph
7368	7368	16 (b)(5), a Service Board shall provide for such levels of
7369	7369	17 transportation services and fares or charges therefor as it
7370	7370	18 deems appropriate and necessary in the preparation of a budget
7371	7371	19 and financial plan meeting the criteria set forth in clauses
7372	7372	20 (i) through (vii) of subparagraph (2) of paragraph (b) of this
7373	7373	21 Section. The Authority shall have access to and the right to
7374	7374	22 examine and copy all books, documents, papers, records, or
7375	7375	23 other source data of a Service Board relevant to any
7376	7376	24 information submitted pursuant to this Section.
7377	7377	25 (e) Whenever this Section requires the Board to make
7378	7378	26 determinations with respect to estimates, budgets or financial
7379	7379
7380	7380
7381	7381
7382	7382
7383	7383
7384	7384	SB1938 - 205 - LRB104 12003 RTM 22098 b
7385	7385
7386	7386
7387	7387	SB1938- 206 -LRB104 12003 RTM 22098 b SB1938 - 206 - LRB104 12003 RTM 22098 b
7388	7388	SB1938 - 206 - LRB104 12003 RTM 22098 b
7389	7389	1 plans, or rules or regulations with respect thereto such
7390	7390	2 determinations shall be made upon the affirmative vote of at
7391	7391	3 least 12 of the then Directors, prior to February 1, 2026, and
7392	7392	4 by the affirmative vote of at least 14 of the then Directors,
7393	7393	5 beginning February 1, 2026 and shall be incorporated in a
7394	7394	6 written report of the Board and such report shall be submitted
7395	7395	7 within 10 days after such determinations are made to the
7396	7396	8 Governor, the Mayor of Chicago (if such determinations relate
7397	7397	9 to the Chicago Transit Authority), and the Auditor General of
7398	7398	10 Illinois.
7399	7399	11 (Source: P.A. 97-399, eff. 8-16-11.)
7400	7400	12 (70 ILCS 3615/4.13) (from Ch. 111 2/3, par. 704.13)
7401	7401	13 Sec. 4.13. Annual Capital Improvement Plan.
7402	7402	14 (a) With respect to each calendar year, the Authority
7403	7403	15 shall prepare as part of its Five Year Program an Annual
7404	7404	16 Capital Improvement Plan (the "Plan") which shall describe its
7405	7405	17 intended development and implementation of the Strategic
7406	7406	18 Capital Improvement Program. The Plan shall include the
7407	7407	19 following information:
7408	7408	20 (i) a list of projects for which approval is sought
7409	7409	21 from the Governor, with a description of each project
7410	7410	22 stating at a minimum the project cost, its category, its
7411	7411	23 location and the entity responsible for its
7412	7412	24 implementation;
7413	7413	25 (ii) a certification by the Authority that the
7414	7414
7415	7415
7416	7416
7417	7417
7418	7418
7419	7419	SB1938 - 206 - LRB104 12003 RTM 22098 b
7420	7420
7421	7421
7422	7422	SB1938- 207 -LRB104 12003 RTM 22098 b SB1938 - 207 - LRB104 12003 RTM 22098 b
7423	7423	SB1938 - 207 - LRB104 12003 RTM 22098 b
7424	7424	1 Authority and the Service Boards have applied for all
7425	7425	2 grants, loans and other moneys made available by the
7426	7426	3 federal government or the State of Illinois during the
7427	7427	4 preceding federal and State fiscal years for financing its
7428	7428	5 capital development activities;
7429	7429	6 (iii) a certification that, as of September 30 of the
7430	7430	7 preceding calendar year or any later date, the balance of
7431	7431	8 all federal capital grant funds and all other funds to be
7432	7432	9 used as matching funds therefor which were committed to or
7433	7433	10 possessed by the Authority or a Service Board but which
7434	7434	11 had not been obligated was less than $350,000,000, or a
7435	7435	12 greater amount as authorized in writing by the Governor
7436	7436	13 (for purposes of this subsection (a), "obligated" means
7437	7437	14 committed to be paid by the Authority or a Service Board
7438	7438	15 under a contract with a nongovernmental entity in
7439	7439	16 connection with the performance of a project or committed
7440	7440	17 under a force account plan approved by the federal
7441	7441	18 government);
7442	7442	19 (iv) a certification that the Authority has adopted a
7443	7443	20 balanced budget with respect to such calendar year under
7444	7444	21 Section 4.01 of this Act;
7445	7445	22 (v) a schedule of all bonds or notes previously issued
7446	7446	23 for Strategic Capital Improvement Projects and all debt
7447	7447	24 service payments to be made with respect to all such bonds
7448	7448	25 and the estimated additional debt service payments through
7449	7449	26 June 30 of the following calendar year expected to result
7450	7450
7451	7451
7452	7452
7453	7453
7454	7454
7455	7455	SB1938 - 207 - LRB104 12003 RTM 22098 b
7456	7456
7457	7457
7458	7458	SB1938- 208 -LRB104 12003 RTM 22098 b SB1938 - 208 - LRB104 12003 RTM 22098 b
7459	7459	SB1938 - 208 - LRB104 12003 RTM 22098 b
7460	7460	1 from bonds to be sold prior thereto;
7461	7461	2 (vi) a long-range summary of the Strategic Capital
7462	7462	3 Improvement Program describing the projects to be funded
7463	7463	4 through the Program with respect to project cost,
7464	7464	5 category, location, and implementing entity, and
7465	7465	6 presenting a financial plan including an estimated time
7466	7466	7 schedule for obligating funds for the performance of
7467	7467	8 approved projects, issuing bonds, expending bond proceeds
7468	7468	9 and paying debt service throughout the duration of the
7469	7469	10 Program; and
7470	7470	11 (vii) the source of funding for each project in the
7471	7471	12 Plan. For any project for which full funding has not yet
7472	7472	13 been secured and which is not subject to a federal full
7473	7473	14 funding contract, the Authority must identify alternative,
7474	7474	15 dedicated funding sources available to complete the
7475	7475	16 project. The Governor may waive this requirement on a
7476	7476	17 project by project basis.
7477	7477	18 (b) The Authority shall submit the Plan with respect to
7478	7478	19 any calendar year to the Governor on or before January 15 of
7479	7479	20 that year, or as soon as possible thereafter; provided,
7480	7480	21 however, that the Plan shall be adopted on the affirmative
7481	7481	22 votes of 12 of the then Directors, prior to February 1, 2026,
7482	7482	23 and by the affirmative vote of at least 14 of the then
7483	7483	24 Directors, beginning February 1, 2026. The Plan may be revised
7484	7484	25 or amended at any time, but any revision in the projects
7485	7485	26 approved shall require the Governor's approval.
7486	7486
7487	7487
7488	7488
7489	7489
7490	7490
7491	7491	SB1938 - 208 - LRB104 12003 RTM 22098 b
7492	7492
7493	7493
7494	7494	SB1938- 209 -LRB104 12003 RTM 22098 b SB1938 - 209 - LRB104 12003 RTM 22098 b
7495	7495	SB1938 - 209 - LRB104 12003 RTM 22098 b
7496	7496	1 (c) The Authority shall seek approval from the Governor
7497	7497	2 only through the Plan or an amendment thereto. The Authority
7498	7498	3 shall not request approval of the Plan from the Governor in any
7499	7499	4 calendar year in which it is unable to make the certifications
7500	7500	5 required under items (ii), (iii) and (iv) of subsection (a).
7501	7501	6 In no event shall the Authority seek approval of the Plan from
7502	7502	7 the Governor for projects in an aggregate amount exceeding the
7503	7503	8 proceeds of bonds or notes for Strategic Capital Improvement
7504	7504	9 Projects issued under Section 4.04 of this Act.
7505	7505	10 (d) The Governor may approve the Plan for which approval
7506	7506	11 is requested. The Governor's approval is limited to the amount
7507	7507	12 of the project cost stated in the Plan. The Governor shall not
7508	7508	13 approve the Plan in a calendar year if the Authority is unable
7509	7509	14 to make the certifications required under items (ii), (iii)
7510	7510	15 and (iv) of subsection (a). In no event shall the Governor
7511	7511	16 approve the Plan for projects in an aggregate amount exceeding
7512	7512	17 the proceeds of bonds or notes for Strategic Capital
7513	7513	18 Improvement Projects issued under Section 4.04 of this Act.
7514	7514	19 (e) With respect to capital improvements, only those
7515	7515	20 capital improvements which are in a Plan approved by the
7516	7516	21 Governor shall be financed with the proceeds of bonds or notes
7517	7517	22 issued for Strategic Capital Improvement Projects.
7518	7518	23 (f) Before the Authority or a Service Board obligates any
7519	7519	24 funds for a project for which the Authority or Service Board
7520	7520	25 intends to use the proceeds of bonds or notes for Strategic
7521	7521	26 Capital Improvement Projects, but which project is not
7522	7522
7523	7523
7524	7524
7525	7525
7526	7526
7527	7527	SB1938 - 209 - LRB104 12003 RTM 22098 b
7528	7528
7529	7529
7530	7530	SB1938- 210 -LRB104 12003 RTM 22098 b SB1938 - 210 - LRB104 12003 RTM 22098 b
7531	7531	SB1938 - 210 - LRB104 12003 RTM 22098 b
7532	7532	1 included in an approved Plan, the Authority must notify the
7533	7533	2 Governor of the intended obligation. No project costs incurred
7534	7534	3 prior to approval of the Plan including that project may be
7535	7535	4 paid from the proceeds of bonds or notes for Strategic Capital
7536	7536	5 Improvement Projects issued under Section 4.04 of this Act.
7537	7537	6 (Source: P.A. 94-839, eff. 6-6-06; 95-708, eff. 1-18-08.)
7538	7538	7 (70 ILCS 3615/4.14) (from Ch. 111 2/3, par. 704.14)
7539	7539	8 Sec. 4.14. Rate Protection Contract. "Rate Protection
7540	7540	9 Contract" means interest rate price exchange agreements;
7541	7541	10 currency exchange agreements; forward payment conversion
7542	7542	11 agreements; contracts providing for payment or receipt of
7543	7543	12 funds based on levels of, or changes in, interest rates,
7544	7544	13 currency exchange rates, stock or other indices; contracts to
7545	7545	14 exchange cash flows or a series of payments; contracts,
7546	7546	15 including without limitation, interest rate caps; interest
7547	7547	16 rate floor; interest rate locks; interest rate collars; rate
7548	7548	17 of return guarantees or assurances, to manage payment,
7549	7549	18 currency, rate, spread or similar exposure; the obligation,
7550	7550	19 right, or option to issue, put, lend, sell, grant a security
7551	7551	20 interest in, buy, borrow or otherwise acquire, a bond, note or
7552	7552	21 other security or interest therein as an investment, as
7553	7553	22 collateral, as a hedge, or otherwise as a source or assurance
7554	7554	23 of payment to or by the Authority or as a reduction of the
7555	7555	24 Authority's or an obligor's risk exposure; repurchase
7556	7556	25 agreements; securities lending agreements; and other
7557	7557
7558	7558
7559	7559
7560	7560
7561	7561
7562	7562	SB1938 - 210 - LRB104 12003 RTM 22098 b
7563	7563
7564	7564
7565	7565	SB1938- 211 -LRB104 12003 RTM 22098 b SB1938 - 211 - LRB104 12003 RTM 22098 b
7566	7566	SB1938 - 211 - LRB104 12003 RTM 22098 b
7567	7567	1 agreements or arrangements similar to the foregoing.
7568	7568	2 Notwithstanding any provision in Section 2.20 (a) (ii) of
7569	7569	3 this Act to the contrary, in connection with or incidental to
7570	7570	4 the issuance by the Authority of its bonds or notes under the
7571	7571	5 provisions of Section 4.04 or the exercise of its powers under
7572	7572	6 subsection (b) of Section 2.20, the Authority, for its own
7573	7573	7 benefit or for the benefit of the holders of its obligations or
7574	7574	8 their trustee, may enter into rate protection contracts. The
7575	7575	9 Authority may enter into rate protection contracts only
7576	7576	10 pursuant to a determination by a vote of 12 of the then
7577	7577	11 Directors, prior to February 1, 2026, and by the affirmative
7578	7578	12 vote of at least 14 of the then Directors, beginning February
7579	7579	13 1, 2026 that the terms of the contracts and any related
7580	7580	14 agreements reduce the risk of loss to the Authority, or
7581	7581	15 protect, preserve or enhance the value of its assets, or
7582	7582	16 provide compensation to the Authority for losses resulting
7583	7583	17 from changes in interest rates. The Authority's obligations
7584	7584	18 under any rate protection contract or credit enhancement or
7585	7585	19 liquidity agreement shall not be considered bonds or notes for
7586	7586	20 purposes of this Act. For purposes of this Section a rate
7587	7587	21 protection contract is a contract determined by the Authority
7588	7588	22 as necessary or appropriate to permit it to manage payment,
7589	7589	23 currency or interest rate risks or levels.
7590	7590	24 (Source: P.A. 95-708, eff. 1-18-08.)
7591	7591	25 Section 99. Effective date. This Act takes effect January
7592	7592	26 1, 2026.
7593	7593	SB1938- 212 -LRB104 12003 RTM 22098 b 1 INDEX 2 Statutes amended in order of appearance 3 New Act4 70 ILCS 3605/12afrom Ch. 111 2/3, par. 312a5 70 ILCS 3605/12bfrom Ch. 111 2/3, par. 312b6 70 ILCS 3605/12c7 70 ILCS 3605/19from Ch. 111 2/3, par. 3198 70 ILCS 3605/20from Ch. 111 2/3, par. 3209 70 ILCS 3605/22from Ch. 111 2/3, par. 32210 70 ILCS 3605/23from Ch. 111 2/3, par. 32311 70 ILCS 3605/28afrom Ch. 111 2/3, par. 328a12 70 ILCS 3605/34from Ch. 111 2/3, par. 33413 70 ILCS 3605/21 rep.14 70 ILCS 3615/2.01from Ch. 111 2/3, par. 702.0115 70 ILCS 3615/2.01a16 70 ILCS 3615/2.01b17 70 ILCS 3615/2.01c18 70 ILCS 3615/2.04from Ch. 111 2/3, par. 702.0419 70 ILCS 3615/2.05from Ch. 111 2/3, par. 702.0520 70 ILCS 3615/2.08from Ch. 111 2/3, par. 702.0821 70 ILCS 3615/2.08a new22 70 ILCS 3615/2.12b23 70 ILCS 3615/2.14from Ch. 111 2/3, par. 702.1424 70 ILCS 3615/2.18afrom Ch. 111 2/3, par. 702.18a25 70 ILCS 3615/2.30 SB1938- 213 -LRB104 12003 RTM 22098 b SB1938- 212 -LRB104 12003 RTM 22098 b SB1938 - 212 - LRB104 12003 RTM 22098 b 1 INDEX 2 Statutes amended in order of appearance 3 New Act 4 70 ILCS 3605/12a from Ch. 111 2/3, par. 312a 5 70 ILCS 3605/12b from Ch. 111 2/3, par. 312b 6 70 ILCS 3605/12c 7 70 ILCS 3605/19 from Ch. 111 2/3, par. 319 8 70 ILCS 3605/20 from Ch. 111 2/3, par. 320 9 70 ILCS 3605/22 from Ch. 111 2/3, par. 322 10 70 ILCS 3605/23 from Ch. 111 2/3, par. 323 11 70 ILCS 3605/28a from Ch. 111 2/3, par. 328a 12 70 ILCS 3605/34 from Ch. 111 2/3, par. 334 13 70 ILCS 3605/21 rep. 14 70 ILCS 3615/2.01 from Ch. 111 2/3, par. 702.01 15 70 ILCS 3615/2.01a 16 70 ILCS 3615/2.01b 17 70 ILCS 3615/2.01c 18 70 ILCS 3615/2.04 from Ch. 111 2/3, par. 702.04 19 70 ILCS 3615/2.05 from Ch. 111 2/3, par. 702.05 20 70 ILCS 3615/2.08 from Ch. 111 2/3, par. 702.08 21 70 ILCS 3615/2.08a new 22 70 ILCS 3615/2.12b 23 70 ILCS 3615/2.14 from Ch. 111 2/3, par. 702.14 24 70 ILCS 3615/2.18a from Ch. 111 2/3, par. 702.18a 25 70 ILCS 3615/2.30 SB1938- 213 -LRB104 12003 RTM 22098 b SB1938 - 213 - LRB104 12003 RTM 22098 b
7594	7594	SB1938- 212 -LRB104 12003 RTM 22098 b SB1938 - 212 - LRB104 12003 RTM 22098 b
7595	7595	SB1938 - 212 - LRB104 12003 RTM 22098 b
7596	7596	1 INDEX
7597	7597	2 Statutes amended in order of appearance
7598	7598	3 New Act
7599	7599	4 70 ILCS 3605/12a from Ch. 111 2/3, par. 312a
7600	7600	5 70 ILCS 3605/12b from Ch. 111 2/3, par. 312b
7601	7601	6 70 ILCS 3605/12c
7602	7602	7 70 ILCS 3605/19 from Ch. 111 2/3, par. 319
7603	7603	8 70 ILCS 3605/20 from Ch. 111 2/3, par. 320
7604	7604	9 70 ILCS 3605/22 from Ch. 111 2/3, par. 322
7605	7605	10 70 ILCS 3605/23 from Ch. 111 2/3, par. 323
7606	7606	11 70 ILCS 3605/28a from Ch. 111 2/3, par. 328a
7607	7607	12 70 ILCS 3605/34 from Ch. 111 2/3, par. 334
7608	7608	13 70 ILCS 3605/21 rep.
7609	7609	14 70 ILCS 3615/2.01 from Ch. 111 2/3, par. 702.01
7610	7610	15 70 ILCS 3615/2.01a
7611	7611	16 70 ILCS 3615/2.01b
7612	7612	17 70 ILCS 3615/2.01c
7613	7613	18 70 ILCS 3615/2.04 from Ch. 111 2/3, par. 702.04
7614	7614	19 70 ILCS 3615/2.05 from Ch. 111 2/3, par. 702.05
7615	7615	20 70 ILCS 3615/2.08 from Ch. 111 2/3, par. 702.08
7616	7616	21 70 ILCS 3615/2.08a new
7617	7617	22 70 ILCS 3615/2.12b
7618	7618	23 70 ILCS 3615/2.14 from Ch. 111 2/3, par. 702.14
7619	7619	24 70 ILCS 3615/2.18a from Ch. 111 2/3, par. 702.18a
7620	7620	25 70 ILCS 3615/2.30
7621	7621	SB1938- 213 -LRB104 12003 RTM 22098 b SB1938 - 213 - LRB104 12003 RTM 22098 b
7622	7622	SB1938 - 213 - LRB104 12003 RTM 22098 b
7623	7623
7624	7624
7625	7625
7626	7626
7627	7627
7628	7628	SB1938 - 211 - LRB104 12003 RTM 22098 b
7629	7629
7630	7630
7631	7631
7632	7632	SB1938- 212 -LRB104 12003 RTM 22098 b SB1938 - 212 - LRB104 12003 RTM 22098 b
7633	7633	SB1938 - 212 - LRB104 12003 RTM 22098 b
7634	7634	1 INDEX
7635	7635	2 Statutes amended in order of appearance
7636	7636	3 New Act
7637	7637	4 70 ILCS 3605/12a from Ch. 111 2/3, par. 312a
7638	7638	5 70 ILCS 3605/12b from Ch. 111 2/3, par. 312b
7639	7639	6 70 ILCS 3605/12c
7640	7640	7 70 ILCS 3605/19 from Ch. 111 2/3, par. 319
7641	7641	8 70 ILCS 3605/20 from Ch. 111 2/3, par. 320
7642	7642	9 70 ILCS 3605/22 from Ch. 111 2/3, par. 322
7643	7643	10 70 ILCS 3605/23 from Ch. 111 2/3, par. 323
7644	7644	11 70 ILCS 3605/28a from Ch. 111 2/3, par. 328a
7645	7645	12 70 ILCS 3605/34 from Ch. 111 2/3, par. 334
7646	7646	13 70 ILCS 3605/21 rep.
7647	7647	14 70 ILCS 3615/2.01 from Ch. 111 2/3, par. 702.01
7648	7648	15 70 ILCS 3615/2.01a
7649	7649	16 70 ILCS 3615/2.01b
7650	7650	17 70 ILCS 3615/2.01c
7651	7651	18 70 ILCS 3615/2.04 from Ch. 111 2/3, par. 702.04
7652	7652	19 70 ILCS 3615/2.05 from Ch. 111 2/3, par. 702.05
7653	7653	20 70 ILCS 3615/2.08 from Ch. 111 2/3, par. 702.08
7654	7654	21 70 ILCS 3615/2.08a new
7655	7655	22 70 ILCS 3615/2.12b
7656	7656	23 70 ILCS 3615/2.14 from Ch. 111 2/3, par. 702.14
7657	7657	24 70 ILCS 3615/2.18a from Ch. 111 2/3, par. 702.18a
7658	7658	25 70 ILCS 3615/2.30
7659	7659
7660	7660
7661	7661
7662	7662
7663	7663
7664	7664	SB1938 - 212 - LRB104 12003 RTM 22098 b
7665	7665
7666	7666
7667	7667	SB1938- 213 -LRB104 12003 RTM 22098 b SB1938 - 213 - LRB104 12003 RTM 22098 b
7668	7668	SB1938 - 213 - LRB104 12003 RTM 22098 b
7669	7669
7670	7670
7671	7671
7672	7672
7673	7673
7674	7674	SB1938 - 213 - LRB104 12003 RTM 22098 b