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
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
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.
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A BILL FOR
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1 AN ACT concerning transportation.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5 Illinois Road Usage Charge Act.
6 Section 5. Findings.
7 (a) The General Assembly finds and declares that an
8 efficient and safe transportation system is critical for
9 Illinois' economy and quality of life. The revenue currently
10 available for highways and local roads is not adequate to
11 preserve and maintain existing infrastructure and to provide
12 funds for improvements that would incorporate safety factors,
13 eliminate travel related injuries and fatalities, reduce
14 congestion, and improve service.
15 (b) The General Assembly further recognizes that the gas
16 tax is an ineffective mechanism for meeting Illinois'
17 long-term revenue needs because it will steadily generate less
18 revenue as cars become more fuel efficient and alternative
19 sources of fuel are identified.
20 (c) The General Assembly further recognizes that other
21 states have begun to explore the potential for a road usage
22 charge to replace traditional motor fuel taxes, including the
23 State of Oregon, which established the first permanent road
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
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.
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A BILL FOR
See Index
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1 user charge program in the nation. Road usage charging is a
2 policy whereby motorists pay for the use of the roadway
3 network based on the distance they travel. Drivers pay the
4 same rate per mile driven, regardless of what part of the
5 roadway network they use.
6 (d) The General Assembly, therefore, finds that experience
7 to date in other states across the nation demonstrates that
8 mileage-based charges can be implemented in a way that ensures
9 data security and maximum privacy protection for drivers. It
10 is important that Illinois begins to explore alternative
11 revenue sources that may be implemented in lieu of the
12 antiquated motor fuel tax structure now in place.
13 Section 10. Definitions.
14 "Committee" means the Road Usage Charge Advisory
15 Committee.
16 "Department" means the Department of Transportation.
17 "Pilot Program" means the Road Usage Charge Pilot Program.
18 Section 15. Road Usage Charge Advisory Committee.
19 (a) The Road Usage Charge Advisory Committee is
20 established to guide the development and evaluation of the
21 road usage charge pilot program to assess the potential for
22 mileage-based revenue as an alternative to the current system
23 of taxing highway use through motor fuel taxes.
24 (b) The Committee shall consist of 10 members as follows:
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1 (1) the Secretary of Transportation or the Secretary's
2 designee;
3 (2) the Executive Director of the Chicago Metropolitan
4 Agency for Planning or the Executive Director's designee;
5 (3) one member appointed by the Senate President;
6 (4) one member appointed by the Speaker of the House
7 of Representatives;
8 (5) one member appointed by the chair of the standing
9 committee of the Senate having primary jurisdiction over
10 transportation;
11 (6) one member appointed by the standing committee of
12 the House of Representatives having primary jurisdiction
13 over transportation; and
14 (7) four members appointed by the Governor.
15 (c) The Committee shall:
16 (1) conduct at least 3 public hearings to gather
17 public comment on issues and concerns related to the pilot
18 program;
19 (2) make recommendations to the Department to
20 establish the rules necessary for implementation of the
21 pilot program, including a process for selecting
22 volunteers, mileage reporting requirements, and privacy
23 standards;
24 (3) make recommendations to the Department on the
25 criteria to be used to evaluate the pilot program; and
26 (4) evaluate the pilot program.
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1 (d) On request, the Department shall assist the Committee
2 in implementing this Section.
3 Section 20. Pilot program.
4 (a) The Department, in consultation with the Secretary of
5 State and based on the recommendations of the Committee, shall
6 develop and implement a statewide pilot program by January 1,
7 2026 to assess a user fee on owners of motor vehicles that is
8 based on the number of miles traveled on public roadways in
9 this State by those vehicles.
10 (b) The pilot program must:
11 (1) include at least 1,000 motor vehicles;
12 (2) analyze alternative means of collecting road usage
13 data, including at least one alternative that does not
14 rely on electronic vehicle location data;
15 (3) test the reliability, ease of use, cost, and
16 public acceptance of technology and methods for:
17 (A) counting the number of miles traveled by motor
18 vehicles;
19 (B) reporting the number of miles traveled by
20 particular vehicles; and
21 (C) collecting payments from participants in the
22 pilot program;
23 (4) analyze and evaluate the ability of different
24 technologies and methods to:
25 (A) protect the integrity of data collected and
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1 reported;
2 (B) ensure operators' privacy; and
3 (C) vary pricing based on the time of driving and
4 type of public highway;
5 (5) evaluate the enforceability of the road usage
6 charge and opportunities for operators to evade or
7 manipulate the fee;
8 (6) evaluate the impact of the road usage charge on
9 equity; and
10 (7) provide special consideration for privacy,
11 including:
12 (A) collecting a minimum amount of personal
13 information, including location tracking information,
14 necessary to implement the pilot program; and
15 (B) ensuring that processes for collecting,
16 managing, storing, transmitting, and destroying data
17 are in place to protect the integrity of the data and
18 safeguard the privacy of drivers.
19 (c) The Department shall ensure that participants in the
20 pilot program:
21 (1) are included only on a voluntary basis; and
22 (2) represent a variety of motor vehicle operators,
23 including operators of passenger vehicles, commercial
24 motor vehicles, and electric vehicles.
25 (d) The pilot program may not last less than one year.
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1 Section 25. Compensation of participants. The Department
2 shall establish, by rule, a process to ensure that
3 participants in the pilot program are not required to spend
4 more on fees or taxes associated with road usage than if they
5 had not participated in the program. A process adopted under
6 this Section may include a refund of motor fuel taxes paid by
7 the participant or other compensation.
8 Section 30. Report. Not later than 18 months after the
9 implementation of the pilot program, the Department, working
10 in conjunction with the Committee, shall submit to the General
11 Assembly a report summarizing the results of the pilot
12 program, including:
13 (1) the feasibility of permanently assessing a vehicle
14 mileage user fee;
15 (2) the cost of the program;
16 (3) privacy concerns and perceptions;
17 (4) data collection technology, including a discussion
18 of the advantages and disadvantages of various types of
19 data collection equipment and the privacy implications and
20 consideration of the equipment;
21 (5) security and compliance, including a discussion of
22 processes and security measures necessary to minimize
23 fraud and tax evasion rates; and
24 (6) the Department's recommendations together with
25 suggested legislation necessary to implement the
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1 recommendations.
2 Section 35. The Metropolitan Transit Authority Act is
3 amended by changing Sections 12a, 12b, 12c, 19, 20, 22, 23,
4 28a, and 34 as follows:
5 (70 ILCS 3605/12a) (from Ch. 111 2/3, par. 312a)
6 Sec. 12a. (a) In addition to other powers provided in
7 Section 12b, the Authority may issue its notes from time to
8 time, in anticipation of tax receipts of the Regional
9 Transportation Authority allocated to the Authority or of
10 other revenues or receipts of the Authority, in order to
11 provide money for the Authority to cover any cash flow deficit
12 which the Authority anticipates incurring. Provided, however,
13 that no such notes may be issued unless the annual cost thereof
14 is incorporated in a budget or revised budget of the Authority
15 which has been approved by the Regional Transportation
16 Authority. Any such notes are referred to as "Working Cash
17 Notes". Provided further that, the board shall not issue and
18 have outstanding or demand and direct that the Board of the
19 Regional Transportation Authority issue and have outstanding
20 more than an aggregate of $40,000,000 in Working Cash Notes.
21 No Working Cash Notes shall be issued for a term of longer than
22 18 months. Proceeds of Working Cash Notes may be used to pay
23 day to day operating expenses of the Authority, consisting of
24 wages, salaries and fringe benefits, professional and
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1 technical services (including legal, audit, engineering and
2 other consulting services), office rental, furniture, fixtures
3 and equipment, insurance premiums, claims for self-insured
4 amounts under insurance policies, public utility obligations
5 for telephone, light, heat and similar items, travel expenses,
6 office supplies, postage, dues, subscriptions, public hearings
7 and information expenses, fuel purchases, and payments of
8 grants and payments under purchase of service agreements for
9 operations of transportation agencies, prior to the receipt by
10 the Authority from time to time of funds for paying such
11 expenses. Proceeds of the Working Cash Notes shall not be used
12 (i) to increase or provide a debt service reserve fund for any
13 bonds or notes other than Working Cash Notes of the same
14 Series, or (ii) to pay principal of or interest or redemption
15 premium on any capital bonds or notes, whether as such amounts
16 become due or by earlier redemption, issued by the Authority
17 or a transportation agency to construct or acquire public
18 transportation facilities, or to provide funds to purchase
19 such capital bonds or notes.
20 (b) The ordinance providing for the issuance of any such
21 notes shall fix the date or dates of maturity, the dates on
22 which interest is payable, any sinking fund account or reserve
23 fund account provisions and all other details of such notes
24 and may provide for such covenants or agreements necessary or
25 desirable with regard to the issue, sale and security of such
26 notes. The Authority shall determine and fix the rate or rates
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1 of interest of its notes issued under this Act in an ordinance
2 adopted by the Board prior to the issuance thereof, none of
3 which rates of interest shall exceed that permitted in the
4 Bond Authorization Act. Interest may be payable annually or
5 semi-annually, or at such other times as determined by the
6 Board. Notes issued under this Section may be issued as serial
7 or term obligations, shall be of such denomination or
8 denominations and form, including interest coupons to be
9 attached thereto, be executed in such manner, shall be payable
10 at such place or places and bear such date as the Board shall
11 fix by the ordinance authorizing such note and shall mature at
12 such time or times, within a period not to exceed 18 months
13 from the date of issue, and may be redeemable prior to maturity
14 with or without premium, at the option of the Board, upon such
15 terms and conditions as the Board shall fix by the ordinance
16 authorizing the issuance of such notes. The Board may provide
17 for the registration of notes in the name of the owner as to
18 the principal alone or as to both principal and interest, upon
19 such terms and conditions as the Board may determine. The
20 ordinance authorizing notes may provide for the exchange of
21 such notes which are fully registered, as to both principal
22 and interest, with notes which are registerable as to
23 principal only. All notes issued under this Section by the
24 Board shall be sold at a price which may be at a premium or
25 discount but such that the interest cost (excluding any
26 redemption premium) to the Board of the proceeds of an issue of
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1 such notes, computed to stated maturity according to standard
2 tables of bond values, shall not exceed that permitted in the
3 Bond Authorization Act. Such notes shall be sold at such time
4 or times as the Board shall determine. The notes may be sold
5 either upon competitive bidding or by negotiated sale (without
6 any requirement of publication of intention to negotiate the
7 sale of such notes), as the Board shall determine by ordinance
8 adopted with the affirmative votes of at least 4 Directors,
9 prior to February 1, 2026, and with the affirmative votes of at
10 least 5 Directors, beginning February 1 2026. In case any
11 officer whose signature appears on any notes or coupons
12 authorized pursuant to this Section shall cease to be such
13 officer before delivery of such notes, such signature shall
14 nevertheless be valid and sufficient for all purposes, the
15 same as if such officer had remained in office until such
16 delivery. Neither the Directors of the Regional Transportation
17 Authority, the Directors of the Authority nor any person
18 executing any bonds or notes thereof shall be liable
19 personally on any such bonds or notes or coupons by reason of
20 the issuance thereof.
21 (c) All notes of the Authority issued pursuant to this
22 Section shall be general obligations of the Authority to which
23 shall be pledged the full faith and credit of the Authority, as
24 provided in this Section. Such notes shall be secured as
25 provided in the authorizing ordinance, which may,
26 notwithstanding any other provision of this Act, include in
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1 addition to any other security, a specific pledge or
2 assignment of and lien on or security interest in any or all
3 tax receipts of the Regional Transportation Authority
4 allocated to the Authority and on any or all other revenues or
5 moneys of the Authority from whatever source which may by law
6 be utilized for debt service purposes and a specific pledge or
7 assignment of and lien on or security interest in any funds or
8 accounts established or provided for by the ordinance of the
9 Board authorizing the issuance of such notes. Any such pledge,
10 assignment, lien or security interest for the benefit of
11 holders of notes of the Authority shall be valid and binding
12 from the time the notes are issued without any physical
13 delivery or further act, and shall be valid and binding as
14 against and prior to the claims of all other parties having
15 claims of any kind against the Authority or any other person
16 irrespective of whether such other parties have notice of such
17 pledge, assignment, lien or security interest. The obligations
18 of the Authority incurred pursuant to this Section shall be
19 superior to and have priority over any other obligations of
20 the Authority except for obligations under Section 12. The
21 Board may provide in the ordinance authorizing the issuance of
22 any notes issued pursuant to this Section for the creation of,
23 deposits in, and regulation and disposition of sinking fund or
24 reserve accounts relating to such notes. The ordinance
25 authorizing the issuance of any notes pursuant to this Section
26 may contain provisions as part of the contract with the
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1 holders of the notes, for the creation of a separate fund to
2 provide for the payment of principal and interest on such
3 notes and for the deposit in such fund from any or all the tax
4 receipts of the Regional Transportation Authority allocated to
5 the Authority and from any or all such other moneys or revenues
6 of the Authority from whatever source which may by law be
7 utilized for debt service purposes, all as provided in such
8 ordinance, of amounts to meet the debt service requirements on
9 such notes, including principal and interest, and any sinking
10 fund or reserve fund account requirements as may be provided
11 by such ordinance, and all expenses incident to or in
12 connection with such fund and accounts or the payment of such
13 notes. Such ordinance may also provide limitations on the
14 issuance of additional notes of the Authority. No such notes
15 of the Authority shall constitute a debt of the State of
16 Illinois.
17 (d) The ordinance of the Board authorizing the issuance of
18 any notes may provide additional security for such notes by
19 providing for appointment of a corporate trustee (which may be
20 any trust company or bank having the powers of a trust company
21 within the State) with respect to such notes. The ordinance
22 shall prescribe the rights, duties and powers of the trustee
23 to be exercised for the benefit of the Authority and the
24 protection of the holders of such notes. The ordinance may
25 provide for the trustee to hold in trust, invest and use
26 amounts in funds and accounts created as provided by the
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1 ordinance with respect to the notes. The ordinance shall
2 provide that amounts so paid to the trustee which are not
3 required to be deposited, held or invested in funds and
4 accounts created by the ordinance with respect to notes or
5 used for paying notes to be paid by the trustee to the
6 Authority.
7 (e) Any notes of the Authority issued pursuant to this
8 Section shall constitute a contract between the Authority and
9 the holders from time to time of such notes. In issuing any
10 note, the Board may include in the ordinance authorizing such
11 issue a covenant as part of the contract with the holders of
12 the notes, that as long as such obligations are outstanding,
13 it shall make such deposits, as provided in paragraph (c) of
14 this Section. A certified copy of the ordinance authorizing
15 the issuance of any such obligations shall be filed at or prior
16 to the issuance of such obligations with the Regional
17 Transportation Authority, Comptroller of the State of Illinois
18 and the Illinois Department of Revenue.
19 (f) The State of Illinois pledges to and agrees with the
20 holders of the notes of the Authority issued pursuant to this
21 Section that the State will not limit or alter the rights and
22 powers vested in the Authority by this Act or in the Regional
23 Transportation Authority by the Regional Transportation
24 Authority Act so as to impair the terms of any contract made by
25 the Authority with such holders or in any way impair the rights
26 and remedies of such holders until such notes, together with
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1 interest thereon, with interest on any unpaid installments of
2 interest, and all costs and expenses in connection with any
3 action or proceedings by or on behalf of such holders, are
4 fully met and discharged. In addition, the State pledges to
5 and agrees with the holders of the notes of the Authority
6 issued pursuant to this Section that the State will not limit
7 or alter the basis on which State funds are to be paid to the
8 Authority as provided in the Regional Transportation Authority
9 Act, or the use of such funds, so as to impair the terms of any
10 such contract. The Board is authorized to include these
11 pledges and agreements of the State in any contract with the
12 holders of bonds or notes issued pursuant to this Section.
13 (g) The Board shall not at any time issue, sell or deliver
14 any Interim Financing Notes pursuant to this Section which
15 will cause it to have issued and outstanding at any time in
16 excess of $40,000,000 of Working Cash Notes. Notes which are
17 being paid or retired by such issuance, sale or delivery of
18 notes, and notes for which sufficient funds have been
19 deposited with the paying agency of such notes to provide for
20 payment of principal and interest thereon or to provide for
21 the redemption thereof, all pursuant to the ordinance
22 authorizing the issuance of such notes, shall not be
23 considered to be outstanding for the purposes of this
24 paragraph.
25 (h) The Board, subject to the terms of any agreements with
26 noteholders as may then exist, shall have power, out of any
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1 funds available therefor, to purchase notes of the Authority
2 which shall thereupon be cancelled.
3 (i) In addition to any other authority granted by law, the
4 State Treasurer may, with the approval of the Governor, invest
5 or reinvest, at a price not to exceed par, any State money in
6 the State Treasury which is not needed for current
7 expenditures due or about to become due in Interim Financing
8 Notes. In the event of a default on an interim financing note
9 issued by the Chicago Transit Authority in which State money
10 in the State treasury was invested, the Treasurer may, after
11 giving notice to the Authority, certify to the Comptroller the
12 amounts of the defaulted interim financing note, in accordance
13 with any applicable rules of the Comptroller, and the
14 Comptroller must deduct and remit to the State treasury the
15 certified amounts or a portion of those amounts from the
16 following proportions of payments of State funds to the
17 Authority:
18 (1) in the first year after default, one-third of the
19 total amount of any payments of State funds to the
20 Authority;
21 (2) in the second year after default, two-thirds of
22 the total amount of any payments of State funds to the
23 Authority; and
24 (3) in the third year after default and for each year
25 thereafter until the total invested amount is repaid, the
26 total amount of any payments of State funds to the
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1 Authority.
2 (Source: P.A. 100-201, eff. 8-18-17; 101-485, eff. 8-23-19.)
3 (70 ILCS 3605/12b) (from Ch. 111 2/3, par. 312b)
4 Sec. 12b. Working Cash Borrowing. In addition to the
5 powers provided in Section 12a, the Board with the affirmative
6 vote of 5 of its Directors, prior to February 1, 2026, and with
7 the affirmative vote of at least 6 of its Directors, beginning
8 February 1, 2026, may demand and direct the Board of the
9 Regional Transportation Authority to issue Working Cash Notes
10 at such time and in such amounts and having such maturities as
11 the Authority deems proper, provided however any such
12 borrowing shall have been specifically identified in the
13 budget of the Authority as approved by the Board of the
14 Regional Transportation Authority. Provided further, that the
15 Board may not issue and have outstanding or demand and direct
16 the Board of the Regional Transportation Authority to issue
17 and have outstanding more than an aggregate of $40,000,000 in
18 Working Cash Notes.
19 (Source: P.A. 83-885; 83-886.)
20 (70 ILCS 3605/12c)
21 Sec. 12c. Retiree Benefits Bonds and Notes.
22 (a) In addition to all other bonds or notes that it is
23 authorized to issue, the Authority is authorized to issue its
24 bonds or notes for the purposes of providing funds for the
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1 Authority to make the deposits described in Section 12c(b)(1)
2 and (2), for refunding any bonds authorized to be issued under
3 this Section, as well as for the purposes of paying costs of
4 issuance, obtaining bond insurance or other credit enhancement
5 or liquidity facilities, paying costs of obtaining related
6 swaps as authorized in the Bond Authorization Act ("Swaps"),
7 providing a debt service reserve fund, paying Debt Service (as
8 defined in paragraph (i) of this Section 12c), and paying all
9 other costs related to any such bonds or notes.
10 (b)(1) After its receipt of a certified copy of a report of
11 the Auditor General of the State of Illinois meeting the
12 requirements of Section 3-2.3 of the Illinois State Auditing
13 Act, the Authority may issue $1,348,550,000 aggregate original
14 principal amount of bonds and notes. After payment of the
15 costs of issuance and necessary deposits to funds and accounts
16 established with respect to debt service, the net proceeds of
17 such bonds or notes shall be deposited only in the Retirement
18 Plan for Chicago Transit Authority Employees and used only for
19 the purposes required by Section 22-101 of the Illinois
20 Pension Code. Provided that no less than $1,110,500,000 has
21 been deposited in the Retirement Plan, remaining proceeds of
22 bonds issued under this subparagraph (b)(1) may be used to pay
23 costs of issuance and make necessary deposits to funds and
24 accounts with respect to debt service for bonds and notes
25 issued under this subparagraph or subparagraph (b)(2).
26 (2) After its receipt of a certified copy of a report of
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1 the Auditor General of the State of Illinois meeting the
2 requirements of Section 3-2.3 of the Illinois State Auditing
3 Act, the Authority may issue $639,680,000 aggregate original
4 principal amount of bonds and notes. After payment of the
5 costs of issuance and necessary deposits to funds and accounts
6 established with respect to debt service, the net proceeds of
7 such bonds or notes shall be deposited only in the Retiree
8 Health Care Trust and used only for the purposes required by
9 Section 22-101B of the Illinois Pension Code. Provided that no
10 less than $528,800,000 has been deposited in the Retiree
11 Health Care Trust, remaining proceeds of bonds issued under
12 this subparagraph (b)(2) may be used to pay costs of issuance
13 and make necessary deposits to funds and accounts with respect
14 to debt service for bonds and notes issued under this
15 subparagraph or subparagraph (b)(1).
16 (3) In addition, refunding bonds are authorized to be
17 issued for the purpose of refunding outstanding bonds or notes
18 issued under this Section 12c.
19 (4) The bonds or notes issued under 12c(b)(1) shall be
20 issued as soon as practicable after the Auditor General issues
21 the report provided in Section 3-2.3(b) of the Illinois State
22 Auditing Act. The bonds or notes issued under 12c(b)(2) shall
23 be issued as soon as practicable after the Auditor General
24 issues the report provided in Section 3-2.3(c) of the Illinois
25 State Auditing Act.
26 (5) With respect to bonds and notes issued under
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1 subparagraph (b), scheduled aggregate annual payments of
2 interest or deposits into funds and accounts established for
3 the purpose of such payment shall commence within one year
4 after the bonds and notes are issued. With respect to
5 principal and interest, scheduled aggregate annual payments of
6 principal and interest or deposits into funds and accounts
7 established for the purpose of such payment shall be not less
8 than 70% in 2009, 80% in 2010, and 90% in 2011, respectively,
9 of scheduled payments or deposits of principal and interest in
10 2012 and shall be substantially equal beginning in 2012 and
11 each year thereafter. For purposes of this subparagraph (b),
12 "substantially equal" means that debt service in any full year
13 after calendar year 2011 is not more than 115% of debt service
14 in any other full year after calendar year 2011 during the term
15 of the bonds or notes. For the purposes of this subsection (b),
16 with respect to bonds and notes that bear interest at a
17 variable rate, interest shall be assumed at a rate equal to the
18 rate for United States Treasury Securities - State and Local
19 Government Series for the same maturity, plus 75 basis points.
20 If the Authority enters into a Swap with a counterparty
21 requiring the Authority to pay a fixed interest rate on a
22 notional amount, and the Authority has made a determination
23 that such Swap was entered into for the purpose of providing
24 substitute interest payments for variable interest rate bonds
25 or notes of a particular maturity or maturities in a principal
26 amount equal to the notional amount of the Swap, then during
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1 the term of the Swap for purposes of any calculation of
2 interest payable on such bonds or notes, the interest rate on
3 the bonds or notes of such maturity or maturities shall be
4 determined as if such bonds or notes bore interest at the fixed
5 interest rate payable by the Authority under such Swap.
6 (6) No bond or note issued under this Section 12c shall
7 mature later than December 31, 2040.
8 (c) The Chicago Transit Board shall provide for the
9 issuance of bonds or notes as authorized in this Section 12c by
10 the adoption of an ordinance. The ordinance, together with the
11 bonds or notes, shall constitute a contract among the
12 Authority, the owners from time to time of the bonds or notes,
13 any bond trustee with respect to the bonds or notes, any
14 related credit enhancer and any provider of any related Swaps.
15 (d) The Authority is authorized to cause the proceeds of
16 the bonds or notes, and any interest or investment earnings on
17 the bonds or notes, and of any Swaps, to be invested until the
18 proceeds and any interest or investment earnings have been
19 deposited with the Retirement Plan or the Retiree Health Care
20 Trust.
21 (e) Bonds or notes issued pursuant to this Section 12c may
22 be general obligations of the Authority, to which shall be
23 pledged the full faith and credit of the Authority, or may be
24 obligations payable solely from particular sources of funds
25 all as may be provided in the authorizing ordinance. The
26 authorizing ordinance for the bonds and notes, whether or not
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1 general obligations of the Authority, may provide for the Debt
2 Service (as defined in paragraph (i) of this Section 12c) to
3 have a claim for payment from particular sources of funds,
4 including, without limitation, amounts to be paid to the
5 Authority or a bond trustee. The authorizing ordinance may
6 provide for the means by which the bonds or notes (and any
7 related Swaps) may be secured, which may include, a pledge of
8 any revenues or funds of the Authority from whatever source
9 which may by law be utilized for paying Debt Service. In
10 addition to any other security, upon the written approval of
11 the Regional Transportation Authority by the affirmative vote
12 of 12 of its then Directors, prior to February 1, 2026, and the
13 affirmative vote of at least 14 of its then Directors,
14 beginning February 1, 2026, the ordinance may provide a
15 specific pledge or assignment of and lien on or security
16 interest in amounts to be paid to the Authority by the Regional
17 Transportation Authority and direct payment thereof to the
18 bond trustee for payment of Debt Service with respect to the
19 bonds or notes, subject to the provisions of existing lease
20 agreements of the Authority with any public building
21 commission. The authorizing ordinance may also provide a
22 specific pledge or assignment of and lien on or security
23 interest in and direct payment to the trustee of all or a
24 portion of the moneys otherwise payable to the Authority from
25 the City of Chicago pursuant to an intergovernmental agreement
26 with the Authority to provide financial assistance to the
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1 Authority. Any such pledge, assignment, lien or security
2 interest for the benefit of owners of bonds or notes shall be
3 valid and binding from the time the bonds or notes are issued,
4 without any physical delivery or further act, and shall be
5 valid and binding as against and prior to the claims of all
6 other parties having claims of any kind against the Authority
7 or any other person, irrespective of whether such other
8 parties have notice of such pledge, assignment, lien or
9 security interest, all as provided in the Local Government
10 Debt Reform Act, as it may be amended from time to time. The
11 bonds or notes of the Authority issued pursuant to this
12 Section 12c shall have such priority of payment and as to their
13 claim for payment from particular sources of funds, including
14 their priority with respect to obligations of the Authority
15 issued under other Sections of this Act, all as shall be
16 provided in the ordinances authorizing the issuance of the
17 bonds or notes. The ordinance authorizing the issuance of any
18 bonds or notes under this Section may provide for the creation
19 of, deposits in, and regulation and disposition of sinking
20 fund or reserve accounts relating to those bonds or notes and
21 related agreements. The ordinance authorizing the issuance of
22 any such bonds or notes authorized under this Section 12c may
23 contain provisions for the creation of a separate fund to
24 provide for the payment of principal of and interest on those
25 bonds or notes and related agreements. The ordinance may also
26 provide limitations on the issuance of additional bonds or
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1 notes of the Authority.
2 (f) Bonds or notes issued under this Section 12c shall not
3 constitute an indebtedness of the Regional Transportation
4 Authority, the State of Illinois, or of any other political
5 subdivision of or municipality within the State, except the
6 Authority.
7 (g) The ordinance of the Chicago Transit Board authorizing
8 the issuance of bonds or notes pursuant to this Section 12c may
9 provide for the appointment of a corporate trustee (which may
10 be any trust company or bank having the powers of a trust
11 company within Illinois) with respect to bonds or notes issued
12 pursuant to this Section 12c. The ordinance shall prescribe
13 the rights, duties, and powers of the trustee to be exercised
14 for the benefit of the Authority and the protection of the
15 owners of bonds or notes issued pursuant to this Section 12c.
16 The ordinance may provide for the trustee to hold in trust,
17 invest and use amounts in funds and accounts created as
18 provided by the ordinance with respect to the bonds or notes in
19 accordance with this Section 12c. The Authority may apply, as
20 it shall determine, any amounts received upon the sale of the
21 bonds or notes to pay any Debt Service on the bonds or notes.
22 The ordinance may provide for a trust indenture to set forth
23 terms of, sources of payment for and security for the bonds and
24 notes.
25 (h) The State of Illinois pledges to and agrees with the
26 owners of the bonds or notes issued pursuant to Section 12c
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1 that the State of Illinois will not limit the powers vested in
2 the Authority by this Act to pledge and assign its revenues and
3 funds as security for the payment of the bonds or notes, or
4 vested in the Regional Transportation Authority by the
5 Regional Transportation Authority Act or this Act, so as to
6 materially impair the payment obligations of the Authority
7 under the terms of any contract made by the Authority with
8 those owners or to materially impair the rights and remedies
9 of those owners until those bonds or notes, together with
10 interest and any redemption premium, and all costs and
11 expenses in connection with any action or proceedings by or on
12 behalf of such owners are fully met and discharged. The
13 Authority is authorized to include these pledges and
14 agreements of the State of Illinois in any contract with
15 owners of bonds or notes issued pursuant to this Section 12c.
16 (i) For purposes of this Section, "Debt Service" with
17 respect to bonds or notes includes, without limitation,
18 principal (at maturity or upon mandatory redemption),
19 redemption premium, interest, periodic, upfront, and
20 termination payments on Swaps, fees for bond insurance or
21 other credit enhancement, liquidity facilities, the funding of
22 bond or note reserves, bond trustee fees, and all other costs
23 of providing for the security or payment of the bonds or notes.
24 (j) The Authority shall adopt a procurement program with
25 respect to contracts relating to the following service
26 providers in connection with the issuance of debt for the
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1 benefit of the Retirement Plan for Chicago Transit Authority
2 Employees: underwriters, bond counsel, financial advisors, and
3 accountants. The program shall include goals for the payment
4 of not less than 30% of the total dollar value of the fees from
5 these contracts to minority-owned businesses and women-owned
6 businesses as defined in the Business Enterprise for
7 Minorities, Women, and Persons with Disabilities Act. The
8 Authority shall conduct outreach to minority-owned businesses
9 and women-owned businesses. Outreach shall include, but is not
10 limited to, advertisements in periodicals and newspapers,
11 mailings, and other appropriate media. The Authority shall
12 submit to the General Assembly a comprehensive report that
13 shall include, at a minimum, the details of the procurement
14 plan, outreach efforts, and the results of the efforts to
15 achieve goals for the payment of fees. The service providers
16 selected by the Authority pursuant to such program shall not
17 be subject to approval by the Regional Transportation
18 Authority, and the Regional Transportation Authority's
19 approval pursuant to subsection (e) of this Section 12c
20 related to the issuance of debt shall not be based in any way
21 on the service providers selected by the Authority pursuant to
22 this Section.
23 (k) No person holding an elective office in this State,
24 holding a seat in the General Assembly, serving as a director,
25 trustee, officer, or employee of the Regional Transportation
26 Authority or the Chicago Transit Authority, including the
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1 spouse or minor child of that person, may receive a legal,
2 banking, consulting, or other fee related to the issuance of
3 any bond issued by the Chicago Transit Authority pursuant to
4 this Section.
5 (Source: P.A. 100-391, eff. 8-25-17.)
6 (70 ILCS 3605/19) (from Ch. 111 2/3, par. 319)
7 Sec. 19. Chicago Transit Board.
8 (a) Until February 1, 2026, the The governing and
9 administrative body of the Authority shall be a board
10 consisting of 7 seven members, to be known as Chicago Transit
11 Board.
12 (b) On and after February 1, 2026, the governing and
13 administrative body of the authority shall be a board
14 consisting of 8 members, to be known as the Chicago Transit
15 Board.
16 (1) 6 members shall be appointed by the Mayor of the
17 City of Chicago with the advice and consent of the City
18 Council of the City of Chicago. The members appointed
19 under this paragraph (1) shall reside within the City of
20 Chicago and one of these members shall be a representative
21 of organized labor.
22 The member representing organized labor shall be
23 selected from a list of 3 persons recommended by the
24 president of a countywide labor council body representing
25 more than 30 labor organizations recognized under the
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1 National Labor Relations Act or the Railway Labor Act
2 located within a county with a population of at least
3 3,000,000 inhabitants. If such a member has not been
4 appointed within 60 days for the initial term, or
5 appointed within 60 days of the expiration of a term or a
6 vacancy in the office, the first person on the list
7 provided to the Mayor will automatically assume the
8 office.
9 (2) 2 members shall be appointed by the President of
10 the Cook County Board of Commissioners with the advice and
11 consent of the members of the Cook County Board of
12 Commissioners. The members appointed under this paragraph
13 (2) shall reside in the part of Cook County outside the
14 City of Chicago.
15 (c) To implement the changes in appointing authority under
16 subsection (b) of this Section, the following provisions
17 apply:
18 (1) Members who are appointed to the Chicago Transit
19 Board by the Mayor of Chicago under subsection (a) of
20 Section 20 and who are serving on the Board on the
21 effective date of this amendatory Act of the 104th General
22 Assembly shall retain their offices until January 31, 2026
23 or until the expiration of a term of office or a vacancy in
24 their respective office. Upon expiration of a term of
25 office or vacancy prior to January 31, 2028, these offices
26 shall be filled under subsection (a) of Section 20.
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1 (2) The Mayor of Chicago shall appoint 6 members to
2 the Chicago Transit Board under paragraph (1) of
3 subsection (b) of this Section, to begin their terms of
4 office on February 1, 2026, and their appointments shall
5 be made in time to begin their terms of office on February
6 1, 2026. A member serving as a member on January 31, 2026
7 may be reappointed to the Board. Of the members appointed
8 to begin their terms of office on February 1, 2026, the
9 Mayor of Chicago shall appoint 3 members with 4-year terms
10 and 3 members with 2-year terms. Subsequent terms of
11 office for all members shall be 4 years.
12 (3) Members who are appointed to the Chicago Transit
13 Board by the Governor under subsection (a) of Section 20
14 and who were serving on Board on the effective date of this
15 amendatory Act of the 104th General Assembly shall retain
16 their offices until January 31, 2026. Upon the expiration
17 of a term of office or a vacancy prior to January 31, 2026,
18 these offices shall be filled under subsection (a) of
19 Section 20.
20 (4) Members appointed to the Chicago Transit Board
21 under paragraph (2) of subsection (b) of this Section will
22 begin their terms of office on February 1, 2026, and their
23 appointments shall be made in time to begin their terms of
24 office on February 1, 2026. Of the members appointed to
25 begin their terms on February 1, 2026, the President of
26 the Cook County Board shall appoint one member with a
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1 4-year term and one member with a 2-year term. Subsequent
2 terms of office of all members shall be 4 years.
3 (d) Members of the Board shall be residents of the
4 metropolitan area and persons of recognized business ability.
5 Members shall have diverse and substantial relevant experience
6 and expertise in overseeing the planning, operation, and
7 funding of a public transportation system, including, but not
8 limited to, backgrounds in urban and regional planning,
9 management of large capital projects, labor and workforce
10 development, business management, public administration,
11 transportation, and transit and ridership advocacy. No member
12 of the Board of the Authority shall hold any other office or
13 employment under the Federal, State or any County or any
14 municipal government, or any other unit of local government,
15 except an honorary office without compensation or an office in
16 the National Guard. No employee of the Authority shall hold
17 any other office or employment under the Federal, State or any
18 County or any municipal government, or any other unit of local
19 government, except an office with compensation not exceeding
20 $15,000 annually or a position in the National Guard or the
21 United States military reserves. Provided, however, that the
22 Chairman may be a member of the Board of the Regional
23 Transportation Authority. No member of the Board or employee
24 of the Authority shall have any private financial interest,
25 profit or benefit in any contract, work or business of the
26 Authority nor in the sale or lease of any property to or from
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1 the Authority. The salary of each member of the initial Board
2 shall be $15,000.00 per annum, and such salary shall not be
3 increased or diminished during his or her term of office. The
4 salaries of successor members of the Board shall be fixed by
5 the Board and shall not be increased or diminished during
6 their respective terms of office. No Board member shall be
7 allowed any fees, perquisites or emoluments, reward or
8 compensation for his or her services as a member or officer of
9 the Authority aside from his or her salary or pension, but he
10 or she shall be reimbursed for actual expenses incurred by him
11 or her in the performance of his or her duties.
12 (Source: P.A. 98-709, eff. 7-16-14.)
13 (70 ILCS 3605/20) (from Ch. 111 2/3, par. 320)
14 Sec. 20. Terms; vacancies.
15 (a) Until February 1, 2026 Within sixty (60) days after
16 the adoption of this Act by the electors of one or more cities,
17 villages and incorporated towns within the metropolitan area
18 having a population in the aggregate of at least 100,000
19 according to the Federal census of 1940, the Governor, by and
20 with the advice and consent of the Senate, shall appoint three
21 members of the Board for initial terms expiring September
22 first of the years 1947, 1948 and 1949, respectively, at least
23 one of which members shall be a resident of that portion of the
24 metropolitan area which is outside the corporate limits of the
25 City of Chicago, and the Mayor, with advice and consent of the
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1 City Council of the City of Chicago, shall appoint 4 four
2 members of the Board for initial terms expiring September
3 first of the years 1946, 1950, 1951 and 1952, respectively. At
4 the expiration of the term of any member appointed by the
5 Governor his successor shall be appointed by the Governor, and
6 at the expiration of the term of any member appointed by the
7 Mayor his successor shall be appointed by the Mayor in like
8 manner, and with like regard as to the place of residence of
9 the appointee, as appointments for the initial terms. All
10 successors shall hold office for the term of 7 seven years from
11 the first day of September of the year in which they are
12 appointed, except in case of an appointment to fill a vacancy.
13 In case of vacancy in the office of any member appointed by the
14 Governor during the recess of the Senate, the Governor shall
15 make a temporary appointment until the next meeting of the
16 Senate when he shall nominate some person to fill such office;
17 and any person so nominated, who is confirmed by the Senate,
18 shall hold his office during the remainder of the term and
19 until his successor shall be appointed and qualified. If the
20 Senate is not in session at the time this Act takes effect, the
21 Governor shall make temporary appointments as in case of
22 vacancies. Each appointment by the Governor shall be subject
23 to approval by the Mayor, and each appointment by the Mayor
24 shall be subject to approval by the Governor and, when so
25 approved, the Governor and the Mayor shall certify their
26 respective appointments and approvals to the Secretary of
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1 State. If the Governor or the Mayor does not approve or
2 disapprove the appointment by the Mayor or the Governor,
3 respectively, within 15 days after receipt thereof, the person
4 is appointed. Within thirty days after certification and
5 approval of his appointment, and before entering upon the
6 duties of his office, each member of the Board shall take and
7 subscribe the constitutional oath of office and file it in the
8 office of the Secretary of State.
9 (b) Beginning February 1, 2026, each board member shall
10 hold office for a term of 4 years and until the member's
11 successor has been appointed and has qualified. A vacancy
12 shall occur upon resignation, death, conviction of a felony,
13 or removal from office. Any member may be removed from office
14 (i) upon concurrence vote of 6 of the then-serving board
15 members, on a formal finding of incompetence, neglect of duty,
16 or malfeasance in office or (ii) by the Governor in response to
17 a summary report received from the Executive Inspector General
18 in accordance with Section 10-50 of the State Officials and
19 Employees Ethics Act, provided the member has an opportunity
20 to be publicly heard in person or by counsel before removal.
21 Within 30 days after the office of any member becomes vacant
22 for any reason, the appointing authorities of the member shall
23 make an appointment to fill the vacancy. A vacancy shall be
24 filled for the unexpired term of the member.
25 (Source: P.A. 79-938.)
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1 (70 ILCS 3605/22) (from Ch. 111 2/3, par. 322)
2 Sec. 22. As soon as possible after the appointment of the
3 initial members, the board shall organize for the transaction
4 of business, select a chairman and a temporary secretary from
5 its own number, and adopt by-laws, rules and regulations to
6 govern its proceedings. The initial chairman and successors
7 shall be elected by the Board from time to time for the term of
8 his office as a member of the Board or for the term of three
9 years, whichever is shorter.
10 As soon as possible after the appointment of the members
11 of the Board on February 1, 2026, the board shall organize for
12 the transaction of business and select a chairman and a
13 temporary secretary from its own number. The Board shall fix
14 the salary of the chairman in addition to his salary as a
15 member of the Board, which shall not be increased or
16 diminished during his term of office as chairman. But if the
17 chairman is engaged in any other business or employment during
18 his term as chairman, his annual salary shall be not more than
19 $25,000.
20 (Source: P.A. 80-937.)
21 (70 ILCS 3605/23) (from Ch. 111 2/3, par. 323)
22 Sec. 23. Regular meetings of the Board shall be held at
23 least once in each calendar month, the time and place of such
24 meetings to be fixed by the Board. Until February 1, 2026, 4
25 Four members of the Board shall constitute a quorum for the
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1 transaction of business and, beginning February 1, 2026, 5
2 members of the Board shall constitute a quorum. All action of
3 the Board shall be by ordinance or resolution, and the
4 affirmative vote of at least 4 four members, prior to February
5 1, 2026, or at least 5 members, beginning February 1, 2026,
6 shall be necessary for the adoption of any ordinance or
7 resolution. All such ordinances and resolutions before taking
8 effect shall be approved by the chairman of the Board, and if
9 he shall approve thereof he shall sign the same, and such as he
10 shall not approve he shall return to the Board with his
11 objections thereto in writing at the next regular meeting of
12 the Board occurring after the passage thereof. But in case the
13 chairman shall fail to return any ordinance or resolution with
14 his objections thereto by the time aforesaid, he shall be
15 deemed to have approved the same and it shall take effect
16 accordingly. Upon the return of any ordinance or resolution by
17 the chairman with his objections, the vote by which the same
18 was passed shall be reconsidered by the Board, and if upon such
19 reconsideration said ordinance or resolution is passed by the
20 affirmative vote of at least 5 five members, prior to February
21 1, 2026, and at least 6 members, beginning February 1, 2026, it
22 shall go into effect notwithstanding the veto of the chairman.
23 All ordinances, resolutions and all proceedings of the
24 Authority and all documents and records in its possession
25 shall be public records, and open to public inspection, except
26 such documents and records as shall be kept or prepared by the
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1 Board for use in negotiations, action or proceedings to which
2 the Authority is a party.
3 Open meetings of the Board shall be broadcast to the
4 public and maintained in real-time on the Board's website
5 using a high-speed Internet connection. Recordings of each
6 meeting broadcast shall be posted to the Board's website
7 within a reasonable time after the meeting and shall be
8 maintained as public records to the extent practicable, as
9 determined by the Board. Compliance with the provisions of
10 this amendatory Act of the 98th General Assembly does not
11 relieve the Board of its obligations under the Open Meetings
12 Act.
13 (Source: P.A. 98-1139, eff. 6-1-15.)
14 (70 ILCS 3605/28a) (from Ch. 111 2/3, par. 328a)
15 Sec. 28a. (a) The Board may deal with and enter into
16 written contracts with the employees of the Authority through
17 accredited representatives of such employees or
18 representatives of any labor organization authorized to act
19 for such employees, concerning wages, salaries, hours, working
20 conditions and pension or retirement provisions; provided,
21 nothing herein shall be construed to permit hours of labor in
22 excess of those provided by law or to permit working
23 conditions prohibited by law. In case of dispute over wages,
24 salaries, hours, working conditions, or pension or retirement
25 provisions the Board may arbitrate any question or questions
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1 and may agree with such accredited representatives or labor
2 organization that the decision of a majority of any
3 arbitration board shall be final, provided each party shall
4 agree in advance to pay half of the expense of such
5 arbitration.
6 No contract or agreement shall be made with any labor
7 organization, association, group or individual for the
8 employment of members of such organization, association, group
9 or individual for the construction, improvement, maintenance,
10 operation or administration of any property, plant or
11 facilities under the jurisdiction of the Authority, where such
12 organization, association, group or individual denies on the
13 ground of race, creed, color, sex, religion, physical or
14 mental disability unrelated to ability, or national origin
15 membership and equal opportunities for employment to any
16 citizen of Illinois.
17 (b)(1) The provisions of this paragraph (b) apply to
18 collective bargaining agreements (including extensions and
19 amendments of existing agreements) entered into on or after
20 January 1, 1984.
21 (2) The Board shall deal with and enter into written
22 contracts with their employees, through accredited
23 representatives of such employees authorized to act for such
24 employees concerning wages, salaries, hours, working
25 conditions, and pension or retirement provisions about which a
26 collective bargaining agreement has been entered prior to the
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1 effective date of this amendatory Act of 1983. Any such
2 agreement of the Authority shall provide that the agreement
3 may be reopened if the amended budget submitted pursuant to
4 Section 2.18a of the Regional Transportation Authority Act is
5 not approved by the Board of the Regional Transportation
6 Authority. The agreement may not include a provision requiring
7 the payment of wage increases based on changes in the Consumer
8 Price Index. The Board shall not have the authority to enter
9 into collective bargaining agreements with respect to inherent
10 management rights, which include such areas of discretion or
11 policy as the functions of the employer, standards of
12 services, its overall budget, the organizational structure and
13 selection of new employees and direction of personnel.
14 Employers, however, shall be required to bargain collectively
15 with regard to policy matters directly affecting wages, hours
16 and terms and conditions of employment, as well as the impact
17 thereon upon request by employee representatives. To preserve
18 the rights of employers and exclusive representatives which
19 have established collective bargaining relationships or
20 negotiated collective bargaining agreements prior to the
21 effective date of this amendatory Act of 1983, employers shall
22 be required to bargain collectively with regard to any matter
23 concerning wages, hours or conditions of employment about
24 which they have bargained prior to the effective date of this
25 amendatory Act of 1983.
26 (3) The collective bargaining agreement may not include a
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1 prohibition on the use of part-time operators on any service
2 operated by or funded by the Board, except where prohibited by
3 federal law.
4 (4) Within 30 days of the signing of any such collective
5 bargaining agreement, the Board shall determine the costs of
6 each provision of the agreement, prepare an amended budget
7 incorporating the costs of the agreement, and present the
8 amended budget to the Board of the Regional Transportation
9 Authority for its approval under Section 4.11 of the Regional
10 Transportation Act. The Board of the Regional Transportation
11 Authority may approve the amended budget by an affirmative
12 vote of 12 of its then Directors, prior to February 1, 2026,
13 and by an affirmative vote of at least 14 Directors, beginning
14 February 1, 2026. If the budget is not approved by the Board of
15 the Regional Transportation Authority, the agreement may be
16 reopened and its terms may be renegotiated. Any amended budget
17 which may be prepared following renegotiation shall be
18 presented to the Board of the Regional Transportation
19 Authority for its approval in like manner.
20 (Source: P.A. 99-143, eff. 7-27-15.)
21 (70 ILCS 3605/34) (from Ch. 111 2/3, par. 334)
22 Sec. 34. Budget and Program. The Authority, subject to the
23 powers of the Regional Transportation Authority in Section
24 4.11 of the Regional Transportation Authority Act, shall
25 control the finances of the Authority. It shall by ordinance
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1 appropriate money to perform the Authority's purposes and
2 provide for payment of debts and expenses of the Authority.
3 Each year the Authority shall prepare and publish a
4 comprehensive annual budget and five-year capital program
5 document, and a financial plan for the 2 years thereafter
6 describing the state of the Authority and presenting for the
7 forthcoming fiscal year and the two following years the
8 Authority's plans for such operations and capital expenditures
9 as it intends to undertake and the means by which it intends to
10 finance them. The proposed budget, financial plan, and
11 five-year capital program shall be based on the Regional
12 Transportation Authority's estimate of funds to be made
13 available to the Authority by or through the Regional
14 Transportation Authority and shall conform in all respects to
15 the requirements established by the Regional Transportation
16 Authority. The proposed budget, financial plan, and five-year
17 capital program shall contain a statement of the funds
18 estimated to be on hand at the beginning of the fiscal year,
19 the funds estimated to be received from all sources for such
20 year and the funds estimated to be on hand at the end of such
21 year. The proposed budget, financial plan, and five-year
22 capital program shall be available at no cost for public
23 inspection at the Authority's main office and at the Regional
24 Transportation Authority's main office at least 3 weeks prior
25 to any public hearing. Before the proposed budget, financial
26 plan, and five-year capital program are submitted to the
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1 Regional Transportation Authority, the Authority shall hold at
2 least one public hearing thereon in each of the counties in
3 which the Authority provides service. All Board members of the
4 Authority shall attend a majority of the public hearings
5 unless reasonable cause is given for their absence. After the
6 public hearings, the Board of the Authority shall hold at
7 least one meeting for consideration of the proposed program
8 and budget with the Cook County Board. Prior to the capital
9 program being submitted to the Regional Transportation
10 Authority, the Authority shall hold at least one meeting for
11 consideration of the proposed 5-year capital program with
12 representatives of labor organizations that have a collective
13 bargaining agreement with the Authority. After conducting such
14 hearings and holding such meetings and after making such
15 changes in the proposed budget, financial plan, and five-year
16 capital program as the Board deems appropriate, it shall adopt
17 an annual budget ordinance at least by November 15th preceding
18 the beginning of each fiscal year. The budget, financial plan,
19 and five-year capital program shall then be submitted to the
20 Regional Transportation Authority as provided in Section 4.11
21 of the Regional Transportation Authority Act. In the event
22 that the Board of the Regional Transportation Authority
23 determines that the budget, financial plan, and five-year
24 capital program do not meet the standards of said Section
25 4.11, the Board of the Authority shall make such changes as are
26 necessary to meet such requirements and adopt an amended
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1 budget ordinance. The amended budget ordinance shall be
2 resubmitted to the Regional Transportation Authority pursuant
3 to said Section 4.11. The ordinance shall appropriate such
4 sums of money as are deemed necessary to defray all necessary
5 expenses and obligations of the Authority, specifying purposes
6 and the objects or programs for which appropriations are made
7 and the amount appropriated for each object or program.
8 Additional appropriations, transfers between items and other
9 changes in such ordinance which do not alter the basis upon
10 which the balanced budget determination was made by the
11 Regional Transportation Authority may be made from time to
12 time by the Board.
13 The budget shall:
14 (i) show a balance between (A) anticipated revenues
15 from all sources including operating subsidies and (B) the
16 costs of providing the services specified and of funding
17 any operating deficits or encumbrances incurred in prior
18 periods, including provision for payment when due of
19 principal and interest on outstanding indebtedness;
20 (ii) show cash balances including the proceeds of any
21 anticipated cash flow borrowing sufficient to pay with
22 reasonable promptness all costs and expenses as incurred;
23 (iii) provide for a level of fares or charges and
24 operating or administrative costs for the public
25 transportation provided by or subject to the jurisdiction
26 of the Board sufficient to allow the Board to meet its
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1 required system generated revenue recovery ratio as
2 determined in accordance with subsection (a) of Section
3 4.11 of the Regional Transportation Authority Act;
4 (iv) be based upon and employ assumptions and
5 projections which are reasonable and prudent;
6 (v) have been prepared in accordance with sound
7 financial practices as determined by the Board of the
8 Regional Transportation Authority;
9 (vi) meet such other financial, budgetary, or fiscal
10 requirements that the Board of the Regional Transportation
11 Authority may by rule or regulation establish; and
12 (vii) be consistent with the goals and objectives
13 adopted by the Regional Transportation Authority in the
14 Strategic Plan.
15 The Board shall establish a fiscal operating year. At
16 least thirty days prior to the beginning of the first full
17 fiscal year after the creation of the Authority, and annually
18 thereafter, the Board shall cause to be prepared a tentative
19 budget which shall include all operation and maintenance
20 expense for the ensuing fiscal year. The tentative budget
21 shall be considered by the Board and, subject to any revision
22 and amendments as may be determined, shall be adopted prior to
23 the first day of the ensuing fiscal year as the budget for that
24 year. No expenditures for operations and maintenance in excess
25 of the budget shall be made during any fiscal year except by
26 the affirmative vote of at least 5 five members of the Board,
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1 prior to February 1, 2026, and by the affirmative vote of at
2 least 6 members, beginning February 1, 2026. It shall not be
3 necessary to include in the annual budget any statement of
4 necessary expenditures for pensions or retirement annuities,
5 or for interest or principal payments on bonds or
6 certificates, or for capital outlays, but it shall be the duty
7 of the Board to make provision for payment of same from
8 appropriate funds. The Board may not alter its fiscal year
9 without the prior approval of the Board of the Regional
10 Transportation Authority.
11 (Source: P.A. 95-708, eff. 1-18-08.)
12 (70 ILCS 3605/21 rep.)
13 Section 40. The Metropolitan Transit Authority Act is
14 amended by repealing Section 21.
15 Section 45. The Regional Transportation Authority Act is
16 amended by changing Sections 2.01, 2.01a, 2.01b, 2.01c, 2.04,
17 2.05, 2.08, 2.12b, 2.14, 2.18a, 2.30, 3.01, 3.03, 3.05, 3A.02,
18 3A.09, 3A.10, 3A.14, 3B.02, 3B.09, 3B.10, 3B.13, 4.01, 4.03,
19 4.03.3, 4.04, 4.09, 4.11, 4.13, and 4.14 and by adding
20 Sections 2.08a, 2.43, and 2.44 as follows:
21 (70 ILCS 3615/2.01) (from Ch. 111 2/3, par. 702.01)
22 Sec. 2.01. General Allocation of Responsibility for Public
23 Transportation.
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1 (a) In order to accomplish the purposes as set forth in
2 this Act, the responsibility for planning, operating, and
3 funding public transportation in the metropolitan region shall
4 be allocated as described in this Act. The Authority shall:
5 (i) adopt plans that implement the public policy of
6 the State to provide adequate, efficient, geographically
7 equitable and coordinated public transportation throughout
8 the metropolitan region;
9 (ii) set goals, objectives, and standards for the
10 Authority, the Service Boards, and transportation
11 agencies;
12 (iii) develop performance measures to inform the
13 public about the extent to which the provision of public
14 transportation in the metropolitan region meets those
15 goals, objectives, and standards;
16 (iv) allocate operating and capital funds made
17 available to support public transportation in the
18 metropolitan region;
19 (v) provide financial oversight of the Service Boards;
20 and
21 (vi) coordinate the provision of public transportation
22 and the investment in public transportation facilities to
23 enhance the integration of public transportation
24 throughout the metropolitan region, all as provided in
25 this Act.
26 The Service Boards shall, on a continuing basis determine
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1 the level, nature and kind of public transportation which
2 should be provided for the metropolitan region in order to
3 meet the plans, goals, objectives, and standards adopted by
4 the Authority. The Service Boards may provide public
5 transportation by purchasing such service from transportation
6 agencies through purchase of service agreements, by grants to
7 such agencies or by operating such service, all pursuant to
8 this Act and the "Metropolitan Transit Authority Act", as now
9 or hereafter amended. Certain of its actions to implement the
10 responsibilities allocated to the Authority in this subsection
11 (a) shall be taken in 3 public documents adopted by the
12 affirmative vote of at least 12 of its then Directors, prior to
13 February 1, 2026, and by the affirmative vote of at least 14 of
14 its then Directors, beginning February 1, 2026: A Strategic
15 Plan; a Five-Year Capital Program; and an Annual Budget and
16 Two-Year Financial Plan.
17 (b) The Authority shall subject the operating and capital
18 plans and expenditures of the Service Boards in the
19 metropolitan region with regard to public transportation to
20 continuing review so that the Authority may budget and expend
21 its funds with maximum effectiveness and efficiency. The
22 Authority shall conduct audits of each of the Service Boards
23 no less than every 5 years. Such audits may include
24 management, performance, financial, and infrastructure
25 condition audits. The Authority may conduct management,
26 performance, financial, and infrastructure condition audits of
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1 transportation agencies that receive funds from the Authority.
2 The Authority may direct a Service Board to conduct any such
3 audit of a transportation agency that receives funds from such
4 Service Board, and the Service Board shall comply with such
5 request to the extent it has the right to do so. These audits
6 of the Service Boards or transportation agencies may be
7 project or service specific audits to evaluate their
8 achievement of the goals and objectives of that project or
9 service and their compliance with any applicable requirements.
10 (Source: P.A. 98-1027, eff. 1-1-15.)
11 (70 ILCS 3615/2.01a)
12 Sec. 2.01a. Strategic Plan.
13 (a) By the affirmative vote of at least 12 of its then
14 Directors, prior to February 1, 2026, and by the affirmative
15 vote of at least 14 Directors, beginning February 1, 2026, the
16 Authority shall adopt a Strategic Plan, no less than every 5
17 years, after consultation with the Service Boards and after
18 holding a minimum of 3 public hearings in Cook County and one
19 public hearing in each of the other counties in the region. The
20 Executive Director of the Authority shall review the Strategic
21 Plan on an ongoing basis and make recommendations to the Board
22 of the Authority with respect to any update or amendment of the
23 Strategic Plan. The Strategic Plan shall describe the specific
24 actions to be taken by the Authority and the Service Boards to
25 provide adequate, efficient, and coordinated public
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1 transportation.
2 (b) The Strategic Plan shall identify goals and objectives
3 with respect to:
4 (i) increasing ridership and passenger miles on public
5 transportation funded by the Authority;
6 (ii) coordination of public transportation services
7 and the investment in public transportation facilities to
8 enhance the integration of public transportation
9 throughout the metropolitan region;
10 (iii) coordination of fare and transfer policies to
11 promote transfers by riders among Service Boards,
12 transportation agencies, and public transportation modes,
13 which may include goals and objectives for development of
14 a universal fare instrument that riders may use
15 interchangeably on all public transportation funded by the
16 Authority, and methods to be used to allocate revenues
17 from transfers;
18 (iv) improvements in public transportation facilities
19 to bring those facilities into a state of good repair,
20 enhancements that attract ridership and improve customer
21 service, and expansions needed to serve areas with
22 sufficient demand for public transportation;
23 (v) access for transit-dependent populations,
24 including access by low-income communities to places of
25 employment, utilizing analyses provided by the Chicago
26 Metropolitan Agency for Planning regarding employment and
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1 transportation availability, and giving consideration to
2 the location of employment centers in each county and the
3 availability of public transportation at off-peak hours
4 and on weekends;
5 (vi) the financial viability of the public
6 transportation system, including both operating and
7 capital programs;
8 (vii) limiting road congestion within the metropolitan
9 region and enhancing transit options to improve mobility;
10 and
11 (viii) such other goals and objectives that advance
12 the policy of the State to provide adequate, efficient,
13 geographically equitable and coordinated public
14 transportation in the metropolitan region.
15 (c) The Strategic Plan shall establish the process and
16 criteria by which proposals for capital improvements by a
17 Service Board or a transportation agency will be evaluated by
18 the Authority for inclusion in the Five-Year Capital Program,
19 which may include criteria for:
20 (i) allocating funds among maintenance, enhancement,
21 and expansion improvements;
22 (ii) projects to be funded from the Innovation,
23 Coordination, and Enhancement Fund;
24 (iii) projects intended to improve or enhance
25 ridership or customer service;
26 (iv) design and location of station or transit
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1 improvements intended to promote transfers, increase
2 ridership, and support transit-oriented land development;
3 (v) assessing the impact of projects on the ability to
4 operate and maintain the existing transit system; and
5 (vi) other criteria that advance the goals and
6 objectives of the Strategic Plan.
7 (d) The Strategic Plan shall establish performance
8 standards and measurements regarding the adequacy, efficiency,
9 geographic equity and coordination of public transportation
10 services in the region and the implementation of the goals and
11 objectives in the Strategic Plan. At a minimum, such standards
12 and measures shall include customer-related performance data
13 measured by line, route, or sub-region, as determined by the
14 Authority, on the following:
15 (i) travel times and on-time performance;
16 (ii) ridership data;
17 (iii) equipment failure rates;
18 (iv) employee and customer safety; and
19 (v) customer satisfaction.
20 The Service Boards and transportation agencies that
21 receive funding from the Authority or Service Boards shall
22 prepare, publish, and submit to the Authority such reports
23 with regard to these standards and measurements in the
24 frequency and form required by the Authority; however, the
25 frequency of such reporting shall be no less than annual. The
26 Service Boards shall publish such reports on their respective
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1 websites. The Authority shall compile and publish such reports
2 on its website. Such performance standards and measures shall
3 not be used as the basis for disciplinary action against any
4 employee of the Authority or Service Boards, except to the
5 extent the employment and disciplinary practices of the
6 Authority or Service Board provide for such action.
7 (e) The Strategic Plan shall identify innovations to
8 improve the delivery of public transportation and the
9 construction of public transportation facilities.
10 (f) The Strategic Plan shall describe the expected
11 financial condition of public transportation in the
12 metropolitan region prospectively over a 10-year period, which
13 may include information about the cash position and all known
14 obligations of the Authority and the Service Boards including
15 operating expenditures, debt service, contributions for
16 payment of pension and other post-employment benefits, the
17 expected revenues from fares, tax receipts, grants from the
18 federal, State, and local governments for operating and
19 capital purposes and issuance of debt, the availability of
20 working capital, and the resources needed to achieve the goals
21 and objectives described in the Strategic Plan.
22 (g) In developing the Strategic Plan, the Authority shall
23 rely on such demographic and other data, forecasts, and
24 assumptions developed by the Chicago Metropolitan Agency for
25 Planning with respect to the patterns of population density
26 and growth, projected commercial and residential development,
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1 and environmental factors, within the metropolitan region and
2 in areas outside the metropolitan region that may impact
3 public transportation utilization in the metropolitan region.
4 The Authority shall also consult with the Illinois Department
5 of Transportation's Office of Planning and Programming when
6 developing the Strategic Plan. Before adopting or amending any
7 Strategic Plan, the Authority shall consult with the Chicago
8 Metropolitan Agency for Planning regarding the consistency of
9 the Strategic Plan with the Regional Comprehensive Plan
10 adopted pursuant to the Regional Planning Act.
11 (h) The Authority may adopt, by the affirmative vote of at
12 least 12 of its then Directors, prior to February 1, 2026, and
13 by the affirmative vote of at least 14 of its then Directors,
14 beginning February 1, 2026, sub-regional or corridor plans for
15 specific geographic areas of the metropolitan region in order
16 to improve the adequacy, efficiency, geographic equity and
17 coordination of existing, or the delivery of new, public
18 transportation. Such plans may also address areas outside the
19 metropolitan region that may impact public transportation
20 utilization in the metropolitan region. In preparing a
21 sub-regional or corridor plan, the Authority may identify
22 changes in operating practices or capital investment in the
23 sub-region or corridor that could increase ridership, reduce
24 costs, improve coordination, or enhance transit-oriented
25 development. The Authority shall consult with any affected
26 Service Boards in the preparation of any sub-regional or
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1 corridor plans.
2 (i) If the Authority determines, by the affirmative vote
3 of at least 12 of its then Directors, prior to February 1,
4 2026, and by the affirmative vote of at least 14 of its then
5 Directors, beginning February 1, 2026, that, with respect to
6 any proposed new public transportation service or facility,
7 (i) multiple Service Boards or transportation agencies are
8 potential service providers and (ii) the public transportation
9 facilities to be constructed or purchased to provide that
10 service have an expected construction cost of more than
11 $25,000,000, the Authority shall have sole responsibility for
12 conducting any alternatives analysis and preliminary
13 environmental assessment required by federal or State law.
14 Nothing in this subparagraph (i) shall prohibit a Service
15 Board from undertaking alternatives analysis and preliminary
16 environmental assessment for any public transportation service
17 or facility identified in items (i) and (ii) above that is
18 included in the Five-Year Capital Program as of the effective
19 date of this amendatory Act of the 95th General Assembly;
20 however, any expenditure related to any such public
21 transportation service or facility must be included in a
22 Five-Year Capital Program under the requirements of Sections
23 2.01b and 4.02 of this Act.
24 (Source: P.A. 98-1027, eff. 1-1-15.)
25 (70 ILCS 3615/2.01b)
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1 Sec. 2.01b. The Five-Year Capital Program. By the
2 affirmative vote of at least 12 of its then Directors, prior to
3 February 1, 2026, and by the affirmative vote of at least 14 of
4 its then Directors, beginning February 1, 2026, the Authority,
5 after consultation with the Service Boards and after holding a
6 minimum of 3 public hearings in Cook County and one public
7 hearing in each of the other counties in the metropolitan
8 region, shall each year adopt a Five-Year Capital Program that
9 shall include each capital improvement to be undertaken by or
10 on behalf of a Service Board provided that the Authority finds
11 that the improvement meets any criteria for capital
12 improvements contained in the Strategic Plan, is not
13 inconsistent with any sub-regional or corridor plan adopted by
14 the Authority, and can be funded within amounts available with
15 respect to the capital and operating costs of such
16 improvement. In reviewing proposals for improvements to be
17 included in a Five-Year Capital Program, the Authority may
18 give priority to improvements that are intended to bring
19 public transportation facilities into a state of good repair.
20 The Five-Year Capital Program shall also identify capital
21 improvements to be undertaken by a Service Board, a
22 transportation agency, or a unit of local government and
23 funded by the Authority from amounts in the Innovation,
24 Coordination, and Enhancement Fund, provided that no
25 improvement that is included in the Five-Year Capital Program
26 as of the effective date of this amendatory Act of the 95th
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1 General Assembly may receive funding from the Innovation,
2 Coordination, and Enhancement Fund. Before adopting a
3 Five-Year Capital Program, the Authority shall consult with
4 the Chicago Metropolitan Agency for Planning regarding the
5 consistency of the Five-Year Capital Program with the Regional
6 Comprehensive Plan adopted pursuant to the Regional Planning
7 Act.
8 (Source: P.A. 95-708, eff. 1-18-08.)
9 (70 ILCS 3615/2.01c)
10 Sec. 2.01c. Innovation, Coordination, and Enhancement
11 Fund.
12 (a) The Authority shall establish an Innovation,
13 Coordination, and Enhancement Fund and deposit into the Fund
14 an amount equal to $10,000,000 in 2008, and, each year
15 thereafter, an amount equal to the amount deposited in the
16 previous year increased or decreased by the percentage growth
17 or decline in revenues received by the Authority from taxes
18 imposed under Section 4.03 in the previous year. Amounts on
19 deposit in such Fund and interest and other earnings on those
20 amounts may be used by the Authority, upon the affirmative
21 vote of 12 of its then Directors, prior to February 1, 2026,
22 and by the affirmative vote of at least 14 of its then
23 Directors beginning February 1, 2026, and after a public
24 participation process, for operating or capital grants or
25 loans to Service Boards, transportation agencies, or units of
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1 local government that advance the goals and objectives
2 identified by the Authority in its Strategic Plan, provided
3 that no improvement that has been included in a Five-Year
4 Capital Program as of the effective date of this amendatory
5 Act of the 95th General Assembly may receive any funding from
6 the Innovation, Coordination, and Enhancement Fund. Unless the
7 Board has determined, by a vote of 12 of its then Directors,
8 prior to February 1, 2026, and by the affirmative vote of at
9 least 14 of its then Directors beginning February 1, 2026,
10 that an emergency exists requiring the use of some or all of
11 the funds then in the Innovation, Coordination, and
12 Enhancement Fund, such funds may only be used to enhance the
13 coordination and integration of public transportation and
14 develop and implement innovations to improve the quality and
15 delivery of public transportation.
16 (b) Any grantee that receives funds from the Innovation,
17 Coordination, and Enhancement Fund for the operation of
18 eligible programs must (i) implement such programs within one
19 year of receipt of such funds and (ii) within 2 years following
20 commencement of any program utilizing such funds, determine
21 whether it is desirable to continue the program, and upon such
22 a determination, either incorporate such program into its
23 annual operating budget and capital program or discontinue
24 such program. No additional funds from the Innovation,
25 Coordination, and Enhancement Fund may be distributed to a
26 grantee for any individual program beyond 2 years unless the
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1 Authority, by the affirmative vote of at least 12 of its then
2 Directors, prior to February 1, 2026, and by the affirmative
3 vote of at least 14 of its then Directors, beginning February
4 1, 2026, waives this limitation. Any such waiver will be with
5 regard to an individual program and with regard to a one
6 year-period, and any further waivers for such individual
7 program require a subsequent vote of the Board.
8 (Source: P.A. 97-399, eff. 8-16-11.)
9 (70 ILCS 3615/2.04) (from Ch. 111 2/3, par. 702.04)
10 Sec. 2.04. Fares and Nature of Service.
11 (a) Whenever a Service Board provides any public
12 transportation by operating public transportation facilities,
13 the Service Board shall provide for the level and nature of
14 fares or charges to be made for such services, and the nature
15 and standards of public transportation to be so provided that
16 meet the goals and objectives adopted by the Authority in the
17 Strategic Plan. Provided, however that if the Board adopts a
18 budget and financial plan for a Service Board in accordance
19 with the provisions in Section 4.11(b)(5), the Board may
20 consistent with the terms of any purchase of service contract
21 provide for the level and nature of fares to be made for such
22 services under the jurisdiction of that Service Board, and the
23 nature and standards of public transportation to be so
24 provided.
25 (b) Whenever a Service Board provides any public
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1 transportation pursuant to grants made after June 30, 1975, to
2 transportation agencies for operating expenses (other than
3 with regard to experimental programs) or pursuant to any
4 purchase of service agreement, the purchase of service
5 agreement or grant contract shall provide for the level and
6 nature of fares or charges to be made for such services, and
7 the nature and standards of public transportation to be so
8 provided. A Service Board shall require all transportation
9 agencies with which it contracts, or from which it purchases
10 transportation services or to which it makes grants to provide
11 half fare transportation for their student riders if any of
12 such agencies provide for half fare transportation to their
13 student riders.
14 (c) In so providing for the fares or charges and the nature
15 and standards of public transportation, any purchase of
16 service agreements or grant contracts shall provide, among
17 other matters, for the terms or cost of transfers or
18 interconnections between different modes of transportation and
19 different public transportation agencies, schedules or routes
20 of such service, changes which may be made in such service, the
21 nature and condition of the facilities used in providing
22 service, the manner of collection and disposition of fares or
23 charges, the records and reports to be kept and made
24 concerning such service, for interchangeable tickets or other
25 coordinated or uniform methods of collection of charges, and
26 shall further require that the transportation agency comply
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1 with any determination made by the Board of the Authority
2 under and subject to the provisions of Section 2.12b of this
3 Act. In regard to any such service, the Authority and the
4 Service Boards shall give attention to and may undertake
5 programs to promote use of public transportation and to
6 provide coordinated ticket sales and passenger information. In
7 the case of a grant to a transportation agency which remains
8 subject to Illinois Commerce Commission supervision and
9 regulation, the Service Boards shall exercise the powers set
10 forth in this Section in a manner consistent with such
11 supervision and regulation by the Illinois Commerce
12 Commission.
13 (d) By January 1, 2013, the Authority, in consultation
14 with the Service Boards and the general public, must develop a
15 policy regarding transfer fares on all fixed-route public
16 transportation services provided by the Service Boards. The
17 policy shall also set forth the fare sharing agreements
18 between the Service Boards that apply to interagency fare
19 passes and tickets. The policy established by the Authority
20 shall be submitted to each of the Service Boards for its
21 approval or comments and objection. After receiving the
22 policy, the Service Boards have 90 days to approve or take
23 other action regarding the policy. If all of the Service
24 Boards agree to the policy, then a regional agreement shall be
25 created and signed by each of the Service Boards. The terms of
26 the agreement may be changed upon petition by any of the
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1 Service Boards and by agreement of the other Service Boards.
2 (e) By January 1, 2015, the Authority must develop and
3 implement a regional fare payment system. The regional fare
4 payment system must use and conform with established
5 information security industry standards and requirements of
6 the financial industry. The system must allow consumers to use
7 contactless credit cards, debit cards, and prepaid cards to
8 pay for all fixed-route public transportation services.
9 Beginning in 2012 and each year thereafter until 2015, the
10 Authority must submit an annual report to the Governor and
11 General Assembly describing the progress of the Authority and
12 each of the Service Boards in implementing the regional fare
13 payment system. The Authority must adopt rules to implement
14 the requirements set forth in this Section.
15 (f) Beginning July 1, 2026, the Authority shall be the
16 sole agency responsible for the management and oversight of
17 the fare collection systems used on all public transportation
18 provided by the Service Boards. In that capacity, the
19 Authority shall develop and implement a regionally coordinated
20 and consolidated fare collection system to go into effect by
21 July 1, 2027. The Authority must develop and make available
22 for use by riders a universal fare instrument that may be used
23 interchangeably on all public transportation funded by the
24 Authority. The Authority and Service Boards must adopt rules
25 to implement the requirement set forth in this Section.
26 The Service Boards shall retain their own authority to set
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1 fare rates under Sections 3A.10 and 3B.10 of this Act and
2 Section 30 of the Metropolitan Transit Authority Act. Any
3 change to fares proposed by a Service Board must be submitted
4 to the Authority for the Authority's consideration. The
5 Authority may disapprove of any proposed fare rate changes by
6 the Service Boards in whole or may propose a different fare
7 rate, within 30 days after the fare rate change was proposed by
8 an affirmative vote of at least 14 members of the Board.
9 Beginning January 1, 2026, at least once every 2 years,
10 the Authority shall assess the need to make fare adjustments
11 for public transportation provided by all Service Boards in
12 light of inflation, budgetary needs, and other relevant policy
13 considerations. The Board shall submit proposed fare changes
14 to each Service Board for the Service Board's consideration.
15 The Service Boards shall adopt or disapprove of any proposed
16 fare rate changes within 30 days after the Authority submitted
17 the proposal by a simple majority vote of each Service Board.
18 (g) By July 1, 2026, the Authority shall implement:
19 (1) an income-based reduced fare program; and
20 (2) fare-capping for individual services and across
21 public transportation service providers. Fare-capping
22 means the action of no longer charging a rider for any
23 additional fares for the duration of a daily, weekly,
24 monthly, or 30-day pass once the rider has purchased
25 enough regular one-way fares to reach the cost of the
26 applicable pass.
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1 (h) The Authority shall provide regular reports to the
2 Governor and General Assembly on progress made in implementing
3 the changes made by this amendatory Act of the 104th General
4 Assembly under subsections (f) and (g) of this Section as
5 outlined under Section 2.44.
6 (Source: P.A. 97-85, eff. 7-7-11.)
7 (70 ILCS 3615/2.05) (from Ch. 111 2/3, par. 702.05)
8 Sec. 2.05. Centralized Services; Acquisition and
9 Construction.
10 (a) The Authority may at the request of two or more Service
11 Boards, serve, or designate a Service Board to serve, as a
12 centralized purchasing agent for the Service Boards so
13 requesting.
14 (b) The Authority may at the request of two or more Service
15 Boards perform other centralized services such as ridership
16 information and transfers between services under the
17 jurisdiction of the Service Boards where such centralized
18 services financially benefit the region as a whole. Provided,
19 however, that the Board may require transfers only upon an
20 affirmative vote of 12 of its then Directors, prior to
21 February 1, 2026, and by the affirmative vote of at least 14 of
22 its then Directors, beginning February 1, 2026.
23 (c) A Service Board or the Authority may for the benefit of
24 a Service Board, to meet its purposes, construct or acquire
25 any public transportation facility for use by a Service Board
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1 or for use by any transportation agency and may acquire any
2 such facilities from any transportation agency, including also
3 without limitation any reserve funds, employees' pension or
4 retirement funds, special funds, franchises, licenses,
5 patents, permits and papers, documents and records of the
6 agency. In connection with any such acquisition from a
7 transportation agency the Authority may assume obligations of
8 the transportation agency with regard to such facilities or
9 property or public transportation operations of such agency.
10 In connection with any construction or acquisition, the
11 Authority shall make relocation payments as may be required by
12 federal law or by the requirements of any federal agency
13 authorized to administer any federal program of aid.
14 (d) The Authority shall, after consulting with the Service
15 Boards, develop regionally coordinated and consolidated sales,
16 marketing, advertising, and public information programs that
17 promote the use and coordination of, and transfers among,
18 public transportation services in the metropolitan region. The
19 Authority shall develop and adopt, with the affirmative vote
20 of at least 12 of its then Directors, prior to February 1,
21 2026, and with the affirmative vote of at least 14 of its then
22 Directors, beginning February 1, 2026, rules and regulations
23 for the Authority and the Service Boards regarding such
24 programs to ensure that the Service Boards' independent
25 programs conform with the Authority's regional programs.
26 (Source: P.A. 95-708, eff. 1-18-08.)
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1 (70 ILCS 3615/2.08) (from Ch. 111 2/3, par. 702.08)
2 Sec. 2.08. Protection Against Crime. The Authority shall
3 cooperate with the various State, municipal, sheriff's and
4 transportation agency police forces in the metropolitan region
5 for the protection of employees and consumers of public
6 transportation services and public transportation facilities
7 against crime. By July 1, 2026, the The Authority shall
8 establish may provide by ordinance for an Authority police
9 force to aid, coordinate, and supplement other police forces
10 in protecting persons and property and reducing the threats of
11 crime with regard to public transportation provided by all
12 Service Boards. The Authority police force shall have the
13 authority to police its transit property, vehicles, and
14 stations along all routes of the 3 Service Boards, carry out
15 investigations, and make arrests. Such police shall have the
16 same powers with regard to such protection of persons and
17 property as those exercised by police of municipalities and
18 may include members of other police forces in the metropolitan
19 region. The Authority shall establish minimum standards for
20 selection and training of members of such police force
21 employed by it. Training shall be accomplished at schools
22 certified by the Illinois Law Enforcement Training Standards
23 Board established pursuant to the Illinois Police Training
24 Act. Such training shall be subject to the rules and standards
25 adopted pursuant to Section 7 of that Act. The Authority may
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1 participate in any training program conducted under that Act.
2 The Authority may provide for the coordination or
3 consolidation of security services and police forces
4 maintained with regard to public transportation services and
5 facilities by various transportation agencies and may contract
6 with any municipality or county in the metropolitan region to
7 provide protection of persons or property with regard to
8 public transportation. The Authority police force shall work
9 in tandem with the Metra police force, supplementing their
10 services as needed. Employees of the Authority or of any
11 transportation agency affected by any action of the Authority
12 under this Section shall be provided the protection set forth
13 in Section 2.16. Neither the Authority, the Suburban Bus
14 Division, the Commuter Rail Division, nor any of their
15 Directors, officers or employees shall be held liable for
16 failure to provide a security or police force or, if a security
17 or police force is provided, for failure to provide adequate
18 police protection or security, failure to prevent the
19 commission of crimes by fellow passengers or other third
20 persons or for the failure to apprehend criminals.
21 The Authority shall provide regular reports to the
22 Governor and General Assembly on progress made in implementing
23 the changes made by this amendatory Act of the 104th General
24 Assembly under this Section as outlined under Section 2.44.
25 These reports shall include the organizational structure of
26 the police force, number of officers, detectives, and other
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1 staff employed, future employment plans, coordination and
2 partnerships with existing police forces, training
3 accomplishments, technology advancements, and a summary of
4 data on number of incidents of crime and code of conduct
5 violations on the system and other performance measures used
6 to evaluate the effectiveness of the police force.
7 (Source: P.A. 91-357, eff. 7-29-99.)
8 (70 ILCS 3615/2.08a new)
9 Sec. 2.08a. Transit Ambassador Program.
10 (a) By July 1, 2026, the Authority, in coordination with
11 the Service Boards, must implement a Transit Ambassador
12 Program that provides for personnel deployment, rider
13 education and assistance, fare payment inspection, and
14 improvement to the transit experience.
15 (b) As part of program implementation, the Authority, in
16 coordination with the Service Boards, must:
17 (1) establish policies and procedures that govern
18 authorizing and training ambassadors;
19 (2) consult with interested stakeholders on the design
20 of the program; and
21 (3) develop a ambassador personnel strategic
22 deployment plan that (i) requires teams of at least 2
23 individuals and (ii) targets deployment to times and
24 locations with identified concentrations of activity that
25 are subject to arrest or that negatively impact the rider
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1 experience.
2 (c) The Transit Ambassador Program will deploy trained
3 personnel on buses, bus stops, trains, and stations for all
4 Service Boards.
5 (d) The ambassador units shall be composed of mobile and
6 fixed post personnel that are trained to play a rider-facing
7 and welcoming role, promote safety for all riders and
8 operators, and help connect vulnerable riders to resources or
9 assistance.
10 (e) The duties of ambassadors include:
11 (1) monitoring and responding to passenger activity,
12 including educating passengers and specifying expectations
13 related to rider conduct;
14 (2) serving as a liaison to social service agencies;
15 (3) providing information and assistance to passengers
16 in navigating the transit system;
17 (4) performing fare payment inspections; and
18 (5) obtaining assistance from peace officers as
19 necessary.
20 (f) An individual who is authorized as an ambassador shall
21 be a member of a Service Board and shall be eligible for
22 membership in a registered labor organization.
23 (g) The Authority shall evaluate the efficacy of the
24 Transit Ambassador Program on a regular basis, at a minimum
25 every 5 years in conjunction with the adoption of its
26 Strategic Plan, and shall make appropriate adjustments to the
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1 Programs.
2 (h) The Authority shall provide regular reports to the
3 Governor and General Assembly on progress made in implementing
4 the changes made by this amendatory Act of the 104th General
5 Assembly under this Section as outlined under Section 2.44.
6 (70 ILCS 3615/2.12b)
7 Sec. 2.12b. Coordination of Fares and Service. Upon the
8 request of a Service Board, the Executive Director of the
9 Authority may, upon the affirmative vote of 9 of the then
10 Directors of the Authority, prior to February 1, 2026, and by
11 the affirmative vote of at least 11 of the then Directors,
12 beginning February 1, 2026, intervene in any matter involving
13 (i) a dispute between Service Boards or a Service Board and a
14 transportation agency providing service on behalf of a Service
15 Board with respect to the terms of transfer between, and the
16 allocation of revenues from fares and charges for,
17 transportation services provided by the parties or (ii) a
18 dispute between 2 Service Boards with respect to coordination
19 of service, route duplication, or a change in service. Any
20 Service Board or transportation agency involved in such
21 dispute shall meet with the Executive Director, cooperate in
22 good faith to attempt to resolve the dispute, and provide any
23 books, records, and other information requested by the
24 Executive Director. If the Executive Director is unable to
25 mediate a resolution of any dispute, he or she may provide a
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1 written determination recommending a change in the fares or
2 charges or the allocation of revenues for such service or
3 directing a change in the nature or provider of service that is
4 the subject of the dispute. The Executive Director shall base
5 such determination upon the goals and objectives of the
6 Strategic Plan established pursuant to Section 2.01a(b). Such
7 determination shall be presented to the Board of the Authority
8 and, if approved, by the affirmative vote of at least 9 of the
9 then Directors of the Authority, prior to February 1, 2026,
10 and by the affirmative vote of at least 11 of the then
11 Directors, beginning February 1, 2026, shall be final and
12 shall be implemented by any affected Service Board and
13 transportation agency within the time frame required by the
14 determination.
15 (Source: P.A. 95-708, eff. 1-18-08.)
16 (70 ILCS 3615/2.14) (from Ch. 111 2/3, par. 702.14)
17 Sec. 2.14. Appointment of Officers and Employees. The
18 Authority may appoint, retain and employ officers, attorneys,
19 agents, engineers and employees. The officers shall include an
20 Executive Director, who shall be the chief executive officer
21 of the Authority, appointed by the Chairman with the
22 concurrence of 11 of the other then Directors of the Board,
23 prior to February 1, 2026, and by the concurrence of at least
24 13 Directors, beginning February 1, 2026. The Executive
25 Director shall organize the staff of the Authority, shall
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1 allocate their functions and duties, shall transfer such staff
2 to the Suburban Bus Division and the Commuter Rail Division as
3 is sufficient to meet their purposes, shall fix compensation
4 and conditions of employment of the staff of the Authority,
5 and consistent with the policies of and direction from the
6 Board, take all actions necessary to achieve its purposes,
7 fulfill its responsibilities and carry out its powers, and
8 shall have such other powers and responsibilities as the Board
9 shall determine. The Executive Director must be an individual
10 of proven transportation and management skills and may not be
11 a member of the Board. The Authority may employ its own
12 professional management personnel to provide professional and
13 technical expertise concerning its purposes and powers and to
14 assist it in assessing the performance of the Service Boards
15 in the metropolitan region.
16 No employee, officer, or agent of the Authority may
17 receive a bonus that exceeds 10% of his or her annual salary
18 unless that bonus has been reviewed by the Board for a period
19 of 14 days. After 14 days, the contract shall be considered
20 reviewed. This Section does not apply to usual and customary
21 salary adjustments.
22 No unlawful discrimination, as defined and prohibited in
23 the Illinois Human Rights Act, shall be made in any term or
24 aspect of employment nor shall there be discrimination based
25 upon political reasons or factors. The Authority shall
26 establish regulations to insure that its discharges shall not
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1 be arbitrary and that hiring and promotion are based on merit.
2 The Authority shall be subject to the "Illinois Human
3 Rights Act", as now or hereafter amended, and the remedies and
4 procedure established thereunder. The Authority shall file an
5 affirmative action program for employment by it with the
6 Department of Human Rights to ensure that applicants are
7 employed and that employees are treated during employment,
8 without regard to unlawful discrimination. Such affirmative
9 action program shall include provisions relating to hiring,
10 upgrading, demotion, transfer, recruitment, recruitment
11 advertising, selection for training and rates of pay or other
12 forms of compensation.
13 (Source: P.A. 98-1027, eff. 1-1-15.)
14 (70 ILCS 3615/2.18a) (from Ch. 111 2/3, par. 702.18a)
15 Sec. 2.18a. (a) The provisions of this Section apply to
16 collective bargaining agreements (including extensions and
17 amendments to existing agreements) between Service Boards or
18 transportation agencies subject to the jurisdiction of Service
19 Boards and their employees, which are entered into after
20 January 1, 1984.
21 (b) The Authority shall approve amended budgets prepared
22 by Service Boards which incorporate the costs of collective
23 bargaining agreements between Service Boards and their
24 employees. The Authority shall approve such an amended budget
25 provided that it determines, by the affirmative vote of 12 of
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1 its then members, prior to February 1, 2026, and by the
2 affirmative vote of at least 14 of its then members, beginning
3 February 1, 2026, that the amended budget meets the standards
4 established in Section 4.11.
5 (Source: P.A. 95-708, eff. 1-18-08.)
6 (70 ILCS 3615/2.30)
7 Sec. 2.30. Paratransit services.
8 (a) For purposes of this Act, "ADA paratransit services"
9 shall mean those comparable or specialized transportation
10 services provided by, or under grant or purchase of service
11 contracts of, the Service Boards to individuals with
12 disabilities who are unable to use fixed route transportation
13 systems and who are determined to be eligible, for some or all
14 of their trips, for such services under the Americans with
15 Disabilities Act of 1990 and its implementing regulations.
16 (b) Beginning July 1, 2005, the Authority is responsible
17 for the funding, from amounts on deposit in the ADA
18 Paratransit Fund established under Section 2.01d of this Act,
19 financial review and oversight of all ADA paratransit services
20 that are provided by the Authority or by any of the Service
21 Boards. The Suburban Bus Board shall operate or provide for
22 the operation of all ADA paratransit services by no later than
23 July 1, 2006, except that this date may be extended to the
24 extent necessary to obtain approval from the Federal Transit
25 Administration of the plan prepared pursuant to subsection
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1 (c).
2 (c) No later than January 1, 2006, the Authority, in
3 collaboration with the Suburban Bus Board and the Chicago
4 Transit Authority, shall develop a plan for the provision of
5 ADA paratransit services and submit such plan to the Federal
6 Transit Administration for approval. Approval of such plan by
7 the Authority shall require the affirmative votes of 12 of the
8 then Directors, prior to February 1, 2026, and the affirmative
9 votes of at least 14 of its then Directors, beginning February
10 1, 2026. The Suburban Bus Board, the Chicago Transit Authority
11 and the Authority shall comply with the requirements of the
12 Americans with Disabilities Act of 1990 and its implementing
13 regulations in developing and approving such plan including,
14 without limitation, consulting with individuals with
15 disabilities and groups representing them in the community,
16 and providing adequate opportunity for public comment and
17 public hearings. The plan shall include the contents required
18 for a paratransit plan pursuant to the Americans with
19 Disabilities Act of 1990 and its implementing regulations. The
20 plan shall also include, without limitation, provisions to:
21 (1) maintain, at a minimum, the levels of ADA
22 paratransit service that are required to be provided by
23 the Service Boards pursuant to the Americans with
24 Disabilities Act of 1990 and its implementing regulations;
25 (2) transfer the appropriate ADA paratransit services,
26 management, personnel, service contracts and assets from
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1 the Chicago Transit Authority to the Authority or the
2 Suburban Bus Board, as necessary, by no later than July 1,
3 2006, except that this date may be extended to the extent
4 necessary to obtain approval from the Federal Transit
5 Administration of the plan prepared pursuant to this
6 subsection (c);
7 (3) provide for consistent policies throughout the
8 metropolitan region for scheduling of ADA paratransit
9 service trips to and from destinations, with consideration
10 of scheduling of return trips on a "will-call" open-ended
11 basis upon request of the rider, if practicable, and with
12 consideration of an increased number of trips available by
13 subscription service than are available as of the
14 effective date of this amendatory Act;
15 (4) provide that service contracts and rates, entered
16 into or set after the approval by the Federal Transit
17 Administration of the plan prepared pursuant to subsection
18 (c) of this Section, with private carriers and taxicabs
19 for ADA paratransit service are procured by means of an
20 open procurement process;
21 (5) provide for fares, fare collection and billing
22 procedures for ADA paratransit services throughout the
23 metropolitan region;
24 (6) provide for performance standards for all ADA
25 paratransit service transportation carriers, with
26 consideration of door-to-door service;
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1 (7) provide, in cooperation with the Illinois
2 Department of Transportation, the Illinois Department of
3 Public Aid and other appropriate public agencies and
4 private entities, for the application and receipt of
5 grants, including, without limitation, reimbursement from
6 Medicaid or other programs for ADA paratransit services;
7 (8) provide for a system of dispatch of ADA
8 paratransit services transportation carriers throughout
9 the metropolitan region, with consideration of
10 county-based dispatch systems already in place as of the
11 effective date of this amendatory Act;
12 (9) provide for a process of determining eligibility
13 for ADA paratransit services that complies with the
14 Americans with Disabilities Act of 1990 and its
15 implementing regulations;
16 (10) provide for consideration of innovative methods
17 to provide and fund ADA paratransit services; and
18 (11) provide for the creation of one or more ADA
19 advisory boards, or the reconstitution of the existing ADA
20 advisory boards for the Service Boards, to represent the
21 diversity of individuals with disabilities in the
22 metropolitan region and to provide appropriate ongoing
23 input from individuals with disabilities into the
24 operation of ADA paratransit services.
25 (d) All revisions and annual updates to the ADA
26 paratransit services plan developed pursuant to subsection (c)
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1 of this Section, or certifications of continued compliance in
2 lieu of plan updates, that are required to be provided to the
3 Federal Transit Administration shall be developed by the
4 Authority, in collaboration with the Suburban Bus Board and
5 the Chicago Transit Authority, and the Authority shall submit
6 such revision, update or certification to the Federal Transit
7 Administration for approval. Approval of such revisions,
8 updates or certifications by the Authority shall require the
9 affirmative votes of 12 of the then Directors, prior to
10 February 1, 2026, and the affirmative votes of at least 14 of
11 the then Directors, beginning February 1, 2026.
12 (e) The Illinois Department of Transportation, the
13 Illinois Department of Public Aid, the Authority, the Suburban
14 Bus Board and the Chicago Transit Authority shall enter into
15 intergovernmental agreements as may be necessary to provide
16 funding and accountability for, and implementation of, the
17 requirements of this Section.
18 (f) By no later than April 1, 2007, the Authority shall
19 develop and submit to the General Assembly and the Governor a
20 funding plan for ADA paratransit services. Approval of such
21 plan by the Authority shall require the affirmative votes of
22 12 of the then Directors, prior to February 1, 2026, and by the
23 affirmative vote of at least 14 of its then Directors,
24 beginning February 1, 2026. The funding plan shall, at a
25 minimum, contain an analysis of the current costs of providing
26 ADA paratransit services, projections of the long-term costs
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1 of providing ADA paratransit services, identification of and
2 recommendations for possible cost efficiencies in providing
3 ADA paratransit services, and identification of and
4 recommendations for possible funding sources for providing ADA
5 paratransit services. The Illinois Department of
6 Transportation, the Illinois Department of Public Aid, the
7 Suburban Bus Board, the Chicago Transit Authority and other
8 State and local public agencies as appropriate shall cooperate
9 with the Authority in the preparation of such funding plan.
10 (g) Any funds derived from the federal Medicaid program
11 for reimbursement of the costs of providing ADA paratransit
12 services within the metropolitan region shall be directed to
13 the Authority and shall be used to pay for or reimburse the
14 costs of providing such services.
15 (h) Nothing in this amendatory Act shall be construed to
16 conflict with the requirements of the Americans with
17 Disabilities Act of 1990 and its implementing regulations.
18 (Source: P.A. 94-370, eff. 7-29-05; 95-708, eff. 1-18-08.)
19 (70 ILCS 3615/2.43 new)
20 Sec. 2.43. Comprehensive metropolitan region transit plan.
21 (a) By July 1, 2027, the Authority shall complete a plan
22 for the purpose of evaluating the metropolitan region's
23 existing public transportation funding and policy processes
24 and developing alternative solutions. The Authority shall
25 evaluate and consider the following topics and produce a final
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1 report of the data, findings, and recommendations to the
2 General Assembly that:
3 (1) evaluates the existing governance of the
4 metropolitan region's public transportation system,
5 including roles and responsibilities for each of the
6 Service Boards, the Authority, and the State;
7 (2) evaluates functions performed by the Authority and
8 each of the Service Boards that may be considered for
9 consolidation to be performed under the Authority,
10 including, but not limited to, procurement and purchasing,
11 accounting, grant management, communications, labor
12 relations, and human resources;
13 (3) evaluates existing planning processes, including
14 strategic plans, capital programming, and budgeting
15 performed by the Authority and each Service Board and
16 considers the implementation of a streamlined planning
17 process under the Authority;
18 (4) evaluates existing funding formulas for each of
19 the Service Boards and the Authority and considers
20 alternate funding distribution processes to be managed by
21 the Authority;
22 (5) evaluates existing coordination processes used
23 between the Service Boards regarding service routes and
24 connection between different services and considers the
25 development and implementation of a new, streamlined
26 approach to improve service connections;
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1 (6) evaluates existing last-mile service options
2 through the service territory and considers the addition
3 of region-wide services; and
4 (7) outlines a feasible consolidation process for
5 functions evaluated in this Section.
6 (b) By April 1, 2026, the Authority shall enter into a
7 contract with a third party to assist the Authority in
8 producing a document that evaluates the topics described in
9 this Section and outlines formal recommendations that can be
10 acted upon by the General Assembly. The Authority shall
11 prepare a summary of its activities and produce a final report
12 of the data, findings, and recommendations for the General
13 Assembly by July 1, 2027. The final report shall include
14 specific, actionable recommendations for legislation and
15 organizational adjustments.
16 (c) Throughout the development of the study, the Authority
17 and the third party performing the study shall coordinate with
18 labor organizations whose members are employed by the
19 Authority or the Service Boards. The Authority and third party
20 shall conduct, at a minimum, 2 meetings with these labor
21 organizations, with one occurring during the development and
22 fact-finding stage of the study and one occurring after the
23 completion of a draft but before the draft's consideration by
24 the Board.
25 (d) The Service Boards shall work closely with the
26 Authority and provide all relevant data and information
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1 necessary to complete this plan. The Authority shall have
2 access to and the right to examine and copy all books,
3 documents, papers, record or other source data of a Service
4 Board relevant to any information submitted pursuant to this
5 Section.
6 (e) This plan shall maintain the 3 Service Boards and
7 separate Authority and in no way shall consider consolidation
8 into one public transportation organization.
9 (f) The Authority shall provide regular reports to the
10 Governor and General Assembly on progress made in implementing
11 the changes made by this amendatory Act of the 104th General
12 Assembly under this Section as outlined under Section 2.44.
13 (70 ILCS 3615/2.44 new)
14 Sec. 2.44. Authority and Service Board accountability.
15 (a) To ensure the changes made by this amendatory Act of
16 the 104th General Assembly are actively pursued and
17 implemented in a timely manner, the following accountability
18 measures shall apply to the Authority and Service Boards:
19 (1) In fiscal year 2026 and each fiscal year
20 thereafter, the Authority shall submit 2 reports to the
21 Governor and General Assembly reporting progress made on
22 reforms adopted under Sections 2.04, 2.08, 2.08a, 2.43,
23 3A.10, 3B.10, 4.01, and 4.09 of this Act. The reports
24 shall be submitted by September 15 and March 15 of each
25 year, beginning on September 15, 2025.
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1 (2) The Service Boards shall work closely with the
2 Authority and provide all relevant data and information
3 necessary to implement the changes made by this amendatory
4 Act of the 104th General Assembly.
5 (A) In fiscal year 2026 and each fiscal year
6 thereafter, the Service Boards shall submit quarterly
7 reports to the Authority reporting or progress made
8 under Sections 2.04, 2.08, 2.08a, 2.43, 3A.10, 3B.10,
9 4.01, and 4.09 of this Act. The reports shall be
10 submitted by January 31, April 30, July 31, and
11 October 31 of each year, beginning on October 31,
12 2025.
13 (B) If the Executive Director certifies that a
14 Service Board has not submitted data or documents as
15 requested by the Authority or has not been willing to
16 actively communicate and coordinate as requested by
17 the Authority concerning changes to Sections 2.04,
18 2.08, 2.08a, 2.43, 2.44, 3A.10, 3B.10, 4.01, and 4.09
19 of this Act by this amendatory Act of the 104th General
20 Assembly and if that certification is accepted by the
21 affirmative vote of at least 14 of the then Directors
22 of the Authority, then the Authority shall reduce the
23 distribution of funds for operating purposes to that
24 Service Board by 10% of the cash proceeds of taxes
25 imposed by the Authority under Section 4.03 and
26 Section 4.03.1 and 10% of the amounts transferred to
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1 the Authority from the Public Transportation Fund
2 under subsection (a) of Section 4.09. Such reduction
3 shall apply the first month following an affirmative
4 vote of the Directors. Such funding shall be released
5 to the Service Board only upon proof of cooperation by
6 the Service Boards, to be decided by the affirmative
7 vote of at least 14 of then Directors of the Authority.
8 (70 ILCS 3615/3.01) (from Ch. 111 2/3, par. 703.01)
9 Sec. 3.01. Board of Directors. The corporate authorities
10 and governing body of the Authority shall be a Board
11 consisting of 13 Directors until April 1, 2008, and 16
12 Directors until February 1, 2026, and 21 Directors thereafter,
13 appointed as follows:
14 (a) Before February 1, 2026, 4 Four Directors appointed by
15 the Mayor of the City of Chicago, with the advice and consent
16 of the City Council of the City of Chicago, and, only until
17 April 1, 2008, a fifth director who shall be the Chairman of
18 the Chicago Transit Authority. After April 1, 2008 and until
19 February 1, 2026, the Mayor of the City of Chicago, with the
20 advice and consent of the City Council of the City of Chicago,
21 shall appoint a fifth Director. After February 1, 2026, the
22 Mayor of the City of Chicago, with the advice and consent of
23 the City Council of the City of Chicago, shall appoint 5
24 Directors. The Directors appointed by the Mayor of the City of
25 Chicago shall not be the Chairman or a Director of the Chicago
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1 Transit Authority. Each such Director shall reside in the City
2 of Chicago.
3 (b) Before February 1, 2026, 4 Four Directors appointed by
4 the votes of a majority of the members of the Cook County Board
5 elected from districts, a majority of the electors of which
6 reside outside Chicago. After April 1, 2008, a fifth Director
7 appointed by the President of the Cook County Board with the
8 advice and consent of the members of the Cook County Board.
9 After February 1, 2026, 5 Directors appointed by the President
10 of the Cook County Board with the advice and consent of the
11 members of the Cook County Board. At least 3 Directors Each
12 Director appointed under this subsection subparagraph shall
13 reside in that part of Cook County outside Chicago.
14 (c) Until April 1, 2008, 3 Directors appointed by the
15 Chairmen of the County Boards of DuPage, Kane, Lake, McHenry,
16 and Will Counties, as follows:
17 (i) Two Directors appointed by the Chairmen of the
18 county boards of Kane, Lake, McHenry and Will Counties,
19 with the concurrence of not less than a majority of the
20 Chairmen from such counties, from nominees by the
21 Chairmen. Each such Chairman may nominate not more than 2
22 persons for each position. Each such Director shall reside
23 in a county in the metropolitan region other than Cook or
24 DuPage Counties.
25 (ii) One Director appointed by the Chairman of the
26 DuPage County Board with the advice and consent of the
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1 DuPage County Board. Such Director shall reside in DuPage
2 County.
3 (d) After April 1, 2008 and continuing after February 1,
4 2026, 5 Directors appointed by the Chairmen of the County
5 Boards of DuPage, Kane, Lake and McHenry Counties and the
6 County Executive of Will County, as follows:
7 (i) One Director appointed by the Chairman of the Kane
8 County Board with the advice and consent of the Kane
9 County Board. Such Director shall reside in Kane County.
10 (ii) One Director appointed by the County Executive of
11 Will County with the advice and consent of the Will County
12 Board. Such Director shall reside in Will County.
13 (iii) One Director appointed by the Chairman of the
14 DuPage County Board with the advice and consent of the
15 DuPage County Board. Such Director shall reside in DuPage
16 County.
17 (iv) One Director appointed by the Chairman of the
18 Lake County Board with the advice and consent of the Lake
19 County Board. Such Director shall reside in Lake County.
20 (v) One Director appointed by the Chairman of the
21 McHenry County Board with the advice and consent of the
22 McHenry County Board. Such Director shall reside in
23 McHenry County.
24 (vi) (Blank). To implement the changes in appointing
25 authority under this subparagraph (d) the three Directors
26 appointed under subparagraph (c) and residing in Lake
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1 County, DuPage County, and Kane County respectively shall
2 each continue to serve as Director until the expiration of
3 their respective term of office and until his or her
4 successor is appointed and qualified or a vacancy occurs
5 in the office. Thereupon, the appointment shall be made by
6 the officials given appointing authority with respect to
7 the Director whose term has expired or office has become
8 vacant.
9 (e) Beginning February 1, 2026, 5 Directors appointed by
10 the Governor, with the advice and consent of the Senate. One
11 Director shall represent organized labor, one Director shall
12 represent the business community of the Chicago region, and
13 one Director shall represent a public transportation advocacy
14 organization. The Directors shall be appointed by February 1,
15 2026, and their terms shall begin at that time.
16 The Director representing organized labor shall reside
17 within the 6-county region of the Authority. The Director
18 shall be selected from a list of 3 persons recommended by the
19 president of a statewide labor organization representing labor
20 organizations recognized under the National Labor Relations
21 Act or the Railway Labor Act. If such a Director has not been
22 appointed within 60 days for the initial term, or appointed
23 within 60 days of the expiration of a term or a vacancy, then
24 the first person on the list provided to the Governor will
25 automatically assume such office.
26 (f) The Chairperson serving on the effective date of this
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1 amendatory Act of the 104th General Assembly shall continue to
2 serve as Chairperson until February 1, 2026 or until a
3 successor is appointed and qualified or a vacancy occurs in
4 the office. As soon as possible after the Board of Directors
5 convenes following the appointments on February 1, 2026, as
6 outlined in subsection (g) of this Section, a new Chairman
7 shall be appointed. The Chairperson shall be appointed by the
8 other Directors, by the affirmative vote of at least 13 of the
9 then Directors with at least 2 affirmative votes from
10 Directors who reside in the City of Chicago, at least 2
11 affirmative votes from Directors who reside in Cook County
12 outside the City of Chicago, and at least 2 affirmative votes
13 from Directors who reside in DuPage County, Lake County, Will
14 County, Kane County, or McHenry County. The Chairperson shall
15 not be appointed from among the other Directors. The chairman
16 shall be a resident of the metropolitan region.
17 (g) A new Board of Directors shall be appointed as
18 directed under this Section to begin their terms of office on
19 February 1, 2026, and their appointments shall be made in time
20 to begin their terms on February 1, 2026. All Directors
21 serving on the effective date of this amendatory Act of the
22 104th General Assembly shall retain their offices until
23 February 1, 2026. In the event of the expiration of a term of
24 office or a vacancy occurs prior to February 1, 2026, a new
25 Director shall be appointed as directed in statute. A Director
26 serving in this position on January 31, 2026 may be
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1 reappointed.
2 (1) Of the new Directors appointed under subsection
3 (a) of this Section on February 1, 2026, the Mayor of
4 Chicago shall appoint 2 Directors with 4-year terms and 3
5 Directors with 2-year terms. Subsequent terms of all
6 Directors shall be 4 years.
7 (2) Of the new Directors appointed under subsection
8 (b) of this Section on February 1, 2026, the President of
9 the Cook County Board shall appoint 3 Directors with
10 4-year terms and 2 Directors with 2-year terms. Subsequent
11 terms of all Directors shall be 4 years.
12 (3) Of the new Directors appointed under subsection
13 (d) of this Section on February 1, 2026, the Chairmen of
14 the County Boards of DuPage, Kane, and Lake Counties shall
15 appoint Directors with 2-year terms. Of the new Directors
16 appointed under subsection (d) of this Section on February
17 1, 2026, the Chairmen of the County Board of McHenry
18 County and the County Executive of Will County shall
19 appoint Directors with 4-year terms. Subsequent terms of
20 all Directors shall be 4 years.
21 (4) Of the new Directors appointed under subsection
22 (e) of this Section on February 1, 2026, the Governor
23 shall appoint 2 Directors with 4-year terms and one
24 Director with a 2-year term. Subsequent terms of all
25 Directors shall be 4 years.
26 (h) Directors shall have diverse and substantial relevant
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1 experience and expertise in overseeing the planning,
2 operation, and funding of a public transportation system,
3 including, but not limited to, backgrounds in urban and
4 regional planning, management of large capital projects, labor
5 and workforce development, business management, public
6 administration, transportation, and transit and ridership
7 advocacy. The Chairman serving on the effective date of this
8 amendatory Act of the 95th General Assembly shall continue to
9 serve as Chairman until the expiration of his or her term of
10 office and until his or her successor is appointed and
11 qualified or a vacancy occurs in the office. Upon the
12 expiration or vacancy of the term of the Chairman then serving
13 upon the effective date of this amendatory Act of the 95th
14 General Assembly, the Chairman shall be appointed by the other
15 Directors, by the affirmative vote of at least 11 of the then
16 Directors with at least 2 affirmative votes from Directors who
17 reside in the City of Chicago, at least 2 affirmative votes
18 from Directors who reside in Cook County outside the City of
19 Chicago, and at least 2 affirmative votes from Directors who
20 reside in the Counties of DuPage, Lake, Will, Kane, or
21 McHenry. The chairman shall not be appointed from among the
22 other Directors. The chairman shall be a resident of the
23 metropolitan region.
24 (f) Except as otherwise provided by this Act no Director
25 shall, while serving as such, be an officer, a member of the
26 Board of Directors or Trustees or an employee of any Service
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1 Board or transportation agency, or be an employee of the State
2 of Illinois or any department or agency thereof, or of any
3 municipality, county, or any other unit of local government or
4 receive any compensation from any elected or appointed office
5 under the Constitution and laws of Illinois; except that a
6 Director may be a member of a school board.
7 (i) (g) Each appointment made under this Section and under
8 Section 3.03 shall be certified by the appointing authority to
9 the Board, which shall maintain the certifications as part of
10 the official records of the Authority.
11 (h) (Blank).
12 (Source: P.A. 98-709, eff. 7-16-14.)
13 (70 ILCS 3615/3.03) (from Ch. 111 2/3, par. 703.03)
14 Sec. 3.03. Terms, vacancies. Prior to February 1, 2026,
15 each Each Director shall hold office for a term of 5 years, and
16 until his successor has been appointed and has qualified. A
17 vacancy shall occur upon resignation, death, conviction of a
18 felony, or removal from office of a Director. Any Director may
19 be removed from office (i) upon concurrence of not less than 11
20 Directors, on a formal finding of incompetence, neglect of
21 duty, or malfeasance in office or (ii) by the Governor in
22 response to a summary report received from the Executive
23 Inspector General in accordance with Section 20-50 of the
24 State Officials and Employees Ethics Act, provided he or she
25 has an opportunity to be publicly heard in person or by counsel
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1 prior to removal. Within 30 days after the office of any member
2 becomes vacant for any reason, the appointing authorities of
3 such member shall make an appointment to fill the vacancy. A
4 vacancy shall be filled for the unexpired term.
5 Beginning February 1, 2026, each Director shall hold
6 office for a term of 4 years and until the Director's successor
7 has been appointed and has qualified. A vacancy shall occur
8 upon resignation, death, conviction of a felony, or removal
9 from office of a Director. Any Director may be removed from
10 office (i) upon concurrence of at least 14 of the current
11 Directors, on a formal finding of incompetence, neglect of
12 duty, or malfeasance in office or (ii) by the Governor in
13 response to a summary report received from the Executive
14 Inspector General in accordance with Section 20-50 of the
15 State Officials and Employees Ethics Act, provided the
16 Director has an opportunity to be publicly heard in person or
17 by counsel before removal. Within 30 days after the office of
18 any Director becomes vacant for any reason, the appointing
19 authorities of the Director shall make an appointment to fill
20 the vacancy. A vacancy shall be filled for the unexpired term.
21 Whenever a vacancy for a Director, except as to the
22 Chairman or those Directors appointed by the Mayor of the City
23 of Chicago, exists for longer than 4 months, the new Director
24 shall be chosen by election by all legislative members in the
25 General Assembly representing the affected area. In order to
26 qualify as a voting legislative member in this matter, the
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1 affected area must be more than 50% of the geographic area of
2 the legislative district.
3 (Source: P.A. 95-708, eff. 1-18-08; 96-1528, eff. 7-1-11.)
4 (70 ILCS 3615/3.05) (from Ch. 111 2/3, par. 703.05)
5 Sec. 3.05. Meetings. The Board shall prescribe the times
6 and places for meetings and the manner in which special
7 meetings may be called. The Board shall comply in all respects
8 with the "Open Meetings Act", approved July 11, 1957, as now or
9 hereafter amended. All records, documents and papers of the
10 Authority, other than those relating to matters concerning
11 which closed sessions of the Board may be held, shall be
12 available for public examination, subject to such reasonable
13 regulations as the Board may adopt.
14 A majority of the Directors holding office shall
15 constitute a quorum for the conduct of business. Except as
16 otherwise provided in this Act, the affirmative votes of at
17 least 9 Directors, prior to February 1, 2026, and by the
18 affirmative vote of at least 11 Directors, beginning February
19 1, 2026, shall be necessary for approving any contract or
20 agreement, adopting any rule or regulation, and any other
21 action required by this Act to be taken by resolution or
22 ordinance.
23 The Board shall meet with the Regional Citizens Advisory
24 Board at least once every 4 months.
25 Open meetings of the Board shall be broadcast to the
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1 public and maintained in real-time on the Board's website
2 using a high-speed Internet connection. Recordings of each
3 meeting broadcast shall be posted to the Board's website
4 within a reasonable time after the meeting and shall be
5 maintained as public records to the extent practicable, as
6 determined by the Board. Compliance with the provisions of
7 this amendatory Act of the 98th General Assembly does not
8 relieve the Board of its obligations under the Open Meetings
9 Act.
10 (Source: P.A. 98-1139, eff. 6-1-15.)
11 (70 ILCS 3615/3A.02) (from Ch. 111 2/3, par. 703A.02)
12 Sec. 3A.02. Suburban Bus Board. Beginning February 1,
13 2026, the The governing body of the Suburban Bus Division
14 shall be a board consisting of 12 13 directors appointed as
15 follows:
16 (a) Until February 1, 2026, 6 Six Directors appointed
17 by the members of the Cook County Board elected from that
18 part of Cook County outside of Chicago, or in the event
19 such Board of Commissioners becomes elected from single
20 member districts, by those Commissioners elected from
21 districts, a majority of the residents of which reside
22 outside of Chicago from the chief executive officers of
23 the municipalities, of that portion of Cook County outside
24 of Chicago. On and after February 1, 2026, a total of 6
25 Directors appointed by the President of the Cook County
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1 Board of Commissioners with the advice and consent of the
2 members of the Cook County Board of Commissioners. The
3 members shall reside in the part of Cook County outside
4 the City of Chicago, except Provided however, that:
5 (1) One of the Directors shall be a representative
6 of organized labor. The Director shall reside within
7 the 6-county region of the Authority. The Director
8 shall be selected from a list of 3 persons recommended
9 by the president of a statewide labor organization
10 representing labor organizations recognized under the
11 National Labor Relations Act or the Railway Labor Act.
12 If the Director has not been appointed within 60 days
13 for the initial term, or appointed within 60 days of
14 the expiration of a term of office or a vacancy, the
15 first person on the list provided to the President of
16 Cook County shall automatically assume the office;
17 (2) One of the Directors shall be a representative
18 of a senior advocacy organization and shall reside
19 within Cook County;
20 (3) One of the Directors shall be a representative
21 of the disability rights community and shall reside in
22 the part of Cook County outside the City of Chicago;
23 and
24 (4) Three of the Directors shall be at-large
25 Directors and shall reside in the part of Cook County
26 outside of the City of Chicago;
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1 (i) One of the Directors shall be the chief
2 executive officer of a municipality within the area of
3 the Northwest Region defined in Section 3A.13;
4 (ii) One of the Directors shall be the chief
5 executive officer of a municipality within the area of
6 the North Central Region defined in Section 3A.13;
7 (iii) One of the Directors shall be the chief
8 executive officer of a municipality within the area of
9 the North Shore Region defined in Section 3A.13;
10 (iv) One of the Directors shall be the chief
11 executive officer of a municipality within the area of
12 the Central Region defined in Section 3A.13;
13 (v) One of the Directors shall be the chief
14 executive officer of a municipality within the area of
15 the Southwest Region defined in Section 3A.13;
16 (vi) One of the Directors shall be the chief
17 executive officer of a municipality within the area of
18 the South Region defined in Section 3A.13;
19 (b) One Director by the Chairman of the Kane County
20 Board who shall be a chief executive officer of a
21 municipality within Kane County;
22 (c) One Director by the Chairman of the Lake County
23 Board who shall be a chief executive officer of a
24 municipality within Lake County;
25 (d) One Director by the Chairman of the DuPage County
26 Board who shall be a chief executive officer of a
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1 municipality within DuPage County;
2 (e) One Director by the Chairman of the McHenry County
3 Board who shall be a chief executive officer of a
4 municipality within McHenry County;
5 (f) One Director by the Chairman of the Will County
6 Board who shall be a chief executive officer of a
7 municipality within Will County;
8 (g) The Commissioner of the Mayor's Office for People
9 with Disabilities, from the City of Chicago, who shall
10 serve as an ex-officio member; and
11 (h) The Chairperson serving on the effective date of
12 this amendatory Act of the 104th General Assembly shall
13 continue to serve as Chairperson until February 1, 2026 or
14 until a successor is appointed and qualified or until a
15 vacancy occurs in the office. As soon as possible after
16 the Suburban Bus Board convenes following the appointments
17 on February 1, 2026 as outlined in subsections (i) and (j)
18 of this Section, a new Chairperson shall be appointed. The
19 Chairperson shall be appointed from among the other
20 Directors by the affirmative vote of at least 8 of the then
21 Directors Chairman by the Governor for the initial term,
22 and thereafter by a majority of the Chairmen of the
23 DuPage, Kane, Lake, McHenry and Will County Boards and the
24 members of the Cook County Board elected from that part of
25 Cook County outside of Chicago, or in the event such Board
26 of Commissioners is elected from single member districts,
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1 by those Commissioners elected from districts, a majority
2 of the electors of which reside outside of Chicago; and
3 who after the effective date of this amendatory Act of the
4 95th General Assembly may not be a resident of the City of
5 Chicago.
6 (i) To implement the changes in appointing authority under
7 subsection (a) of this Section all existing Directors serving
8 on the effective date of this amendatory Act of the 104th
9 General Assembly shall retain their offices until the
10 expiration or vacancy of their respective terms of office or
11 until February 1, 2026, whichever occurs first. In the event
12 of the expiration of the term of office or a vacancy of these
13 offices occurs before February 1, 2026, a new Director shall
14 be appointed as directed in statute. New Directors shall be
15 appointed in accordance with subsection (a) of this Section
16 will begin their terms of office on February 1, 2026 and the
17 appointment shall be made in due time to begin their terms at
18 this time. Of the Directors to be appointed on February 1,
19 2026, the President of the Cook County Board shall appoint 3
20 Directors with a 4-year term and 3 Directors with a 2-year
21 term. Subsequent terms of all Directors shall be 4-years. A
22 Director serving in this position on January 31, 2026 may be
23 reappointed if so chosen.
24 (j) All existing Directors appointed under subsections
25 (b), (c), (d), (e), and (f) of this Section serving on the
26 effective date of this amendatory Act of the 104th General
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1 Assembly will retain their offices until the expiration or
2 vacancy of their respective term of office or until February
3 1, 2026, whichever occurs first. In the event of the
4 expiration of the term or a vacancy of these offices occurs
5 prior to February 1, 2026, a new Director shall be appointed as
6 directed in statute. New Directors shall be appointed in
7 accordance with subsections (b), (c), (d), (e), and (f) of
8 this Section to begin their terms on February 1, 2026 and the
9 appointment shall be made in time to begin their terms on
10 February 1, 2026. Of the new Directors appointed under
11 paragraphs (b), (c), (d), (e), and (f) of this Section on
12 February 1, 2026, the Chairmen of the County Boards of DuPage,
13 Kane, and Lake Counties will appoint Directors with 4-year
14 terms. Of the new Directors appointed under subsection (d) of
15 this Section on February 1, 2026, the Chairmen of the County
16 Board of McHenry County and the County Executive of Will
17 County will appoint Directors with 2-year terms. Subsequent
18 terms of all Directors will be 4 years. A Director serving in
19 this position on January 31, 2026 may be reappointed if so
20 chosen.
21 (k) Directors shall have diverse and substantial relevant
22 experience and expertise in overseeing the planning,
23 operation, and funding of a public transportation system,
24 including, but not limited to, backgrounds in urban and
25 regional planning, management of large capital projects, labor
26 and workforce development, business management, public
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1 administration, transportation, and transit and ridership
2 advocacy.
3 (l) Each appointment made under subsections paragraphs (a)
4 through (g) and under Section 3A.03 shall be certified by the
5 appointing authority to the Suburban Bus Board which shall
6 maintain the certifications as part of the official records of
7 the Suburban Bus Board; provided that the initial appointments
8 shall be certified to the Secretary of State, who shall
9 transmit the certifications to the Suburban Bus Board
10 following its organization.
11 For the purposes of this Section, "chief executive officer
12 of a municipality" includes a former chief executive officer
13 of a municipality within the specified Region or County,
14 provided that the former officer continues to reside within
15 such Region or County.
16 (Source: P.A. 95-906, eff. 8-26-08.)
17 (70 ILCS 3615/3A.09) (from Ch. 111 2/3, par. 703A.09)
18 Sec. 3A.09. General powers. In addition to any powers
19 elsewhere provided to the Suburban Bus Board, it shall have
20 all of the powers specified in Section 2.20 of this Act except
21 for the powers specified in Section 2.20(a)(v). The Board
22 shall also have the power:
23 (a) to cooperate with the Regional Transportation
24 Authority in the exercise by the Regional Transportation
25 Authority of all the powers granted it by such Act;
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1 (b) to receive funds from the Regional Transportation
2 Authority pursuant to Sections 2.02, 4.01, 4.02, 4.09 and
3 4.10 of the Regional Transportation Authority Act, all as
4 provided in the Regional Transportation Authority Act;
5 (c) to receive financial grants from the Regional
6 Transportation Authority or a Service Board, as defined in
7 the Regional Transportation Authority Act, upon such terms
8 and conditions as shall be set forth in a grant contract
9 between either the Division and the Regional
10 Transportation Authority or the Division and another
11 Service Board, which contract or agreement may be for such
12 number of years or duration as the parties agree, all as
13 provided in the Regional Transportation Authority Act;
14 (d) to perform all functions necessary for the
15 provision of paratransit services under Section 2.30 of
16 this Act;
17 (e) to borrow money for the purposes of: (i)
18 constructing a new garage in the northwestern Cook County
19 suburbs, (ii) converting the South Cook garage in Markham
20 to a Compressed Natural Gas facility, (iii) constructing a
21 new paratransit garage in DuPage County, (iv) expanding
22 the North Shore garage in Evanston to accommodate
23 additional indoor bus parking, and (v) purchasing new
24 transit buses. For the purpose of evidencing the
25 obligation of the Suburban Bus Board to repay any money
26 borrowed as provided in this subsection, the Suburban Bus
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1 Board may issue revenue bonds from time to time pursuant
2 to ordinance adopted by the Suburban Bus Board, subject to
3 the approval of the Regional Transportation Authority of
4 each such issuance by the affirmative vote of 12 of its
5 then Directors, prior to February 1, 2026, and by the
6 affirmative vote of at least 14 members, beginning
7 February 1, 2026; provided that the Suburban Bus Board may
8 not issue bonds for the purpose of financing the
9 acquisition, construction, or improvement of any facility
10 other than those listed in this subsection (e). All such
11 bonds shall be payable solely from the revenues or income
12 or any other funds that the Suburban Bus Board may
13 receive, provided that the Suburban Bus Board may not
14 pledge as security for such bonds the moneys, if any, that
15 the Suburban Bus Board receives from the Regional
16 Transportation Authority pursuant to Section 4.03.3(f) of
17 the Regional Transportation Authority Act. The bonds shall
18 bear interest at a rate not to exceed the maximum rate
19 authorized by the Bond Authorization Act and shall mature
20 at such time or times not exceeding 25 years from their
21 respective dates. Bonds issued pursuant to this paragraph
22 must be issued with scheduled principal or mandatory
23 redemption payments in equal amounts in each fiscal year
24 over the term of the bonds, with the first principal or
25 mandatory redemption payment scheduled within the fiscal
26 year in which bonds are issued or within the next
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1 succeeding fiscal year. At least 25%, based on total
2 principal amount, of all bonds authorized pursuant to this
3 Section shall be sold pursuant to notice of sale and
4 public bid. No more than 75%, based on total principal
5 amount, of all bonds authorized pursuant to this Section
6 shall be sold by negotiated sale. The maximum principal
7 amount of the bonds that may be issued may not exceed
8 $100,000,000. The bonds shall have all the qualities of
9 negotiable instruments under the laws of this State. To
10 secure the payment of any or all of such bonds and for the
11 purpose of setting forth the covenants and undertakings of
12 the Suburban Bus Board in connection with the issuance
13 thereof and the issuance of any additional bonds payable
14 from such revenue or income as well as the use and
15 application of the revenue or income received by the
16 Suburban Bus Board, the Suburban Bus Board may execute and
17 deliver a trust agreement or agreements; provided that no
18 lien upon any physical property of the Suburban Bus Board
19 shall be created thereby. A remedy for any breach or
20 default of the terms of any such trust agreement by the
21 Suburban Bus Board may be by mandamus proceedings in any
22 court of competent jurisdiction to compel performance and
23 compliance therewith, but the trust agreement may
24 prescribe by whom or on whose behalf such action may be
25 instituted. Under no circumstances shall any bonds issued
26 by the Suburban Bus Board or any other obligation of the
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1 Suburban Bus Board in connection with the issuance of such
2 bonds be or become an indebtedness or obligation of the
3 State of Illinois, the Regional Transportation Authority,
4 or any other political subdivision of or municipality
5 within the State, nor shall any such bonds or obligations
6 be or become an indebtedness of the Suburban Bus Board
7 within the purview of any constitutional limitation or
8 provision, and it shall be plainly stated on the face of
9 each bond that it does not constitute such an indebtedness
10 or obligation but is payable solely from the revenues or
11 income as aforesaid; and
12 (f) to adopt ordinances and make all rules and
13 regulations proper or necessary to regulate the use,
14 operation, and maintenance of its property and facilities
15 and to carry into effect the powers granted to the
16 Suburban Bus Board, with any necessary fines or penalties,
17 such as the suspension of riding privileges or
18 confiscation of fare media under Section 2.40, as the
19 Board deems proper.
20 (Source: P.A. 103-281, eff. 1-1-24.)
21 (70 ILCS 3615/3A.10) (from Ch. 111 2/3, par. 703A.10)
22 Sec. 3A.10. Budget and Program. The Suburban Bus Board,
23 subject to the powers of the Authority in Section 4.11, shall
24 control the finances of the Division. It shall by ordinance
25 appropriate money to perform the Division's purposes and
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1 provide for payment of debts and expenses of the Division.
2 Each year the Suburban Bus Board shall prepare and publish a
3 comprehensive annual budget and proposed five-year capital
4 program document, and a financial plan for the 2 years
5 thereafter describing the state of the Division and presenting
6 for the forthcoming fiscal year and the 2 following years the
7 Suburban Bus Board's plans for such operations and capital
8 expenditures as it intends to undertake and the means by which
9 it intends to finance them. The proposed budget, financial
10 plan, and five-year capital program shall be based on the
11 Authority's estimate of funds to be made available to the
12 Suburban Bus Board by or through the Authority and shall
13 conform in all respects to the requirements established by the
14 Authority. The proposed budget, financial plan, and five-year
15 capital program shall contain a statement of the funds
16 estimated to be on hand at the beginning of the fiscal year,
17 the funds estimated to be received from all sources for such
18 year and the funds estimated to be on hand at the end of such
19 year. The fiscal year of the Division shall be the same as the
20 fiscal year of the Authority. Before the proposed budget,
21 financial plan, and five-year capital program are submitted to
22 the Authority, the Suburban Bus Board shall hold at least one
23 public hearing thereon in each of the counties in the
24 metropolitan region in which the Division provides service.
25 The Suburban Bus Board shall hold at least one meeting for
26 consideration of the proposed budget, financial plan, and
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1 five-year capital program with the county board of each of the
2 several counties in the metropolitan region in which the
3 Division provides service. Prior to the capital program being
4 submitted to the Authority, the Suburban Bus Board shall hold
5 at least one meeting for consideration of the proposed 5-year
6 capital program with representatives of labor organizations
7 that have a collective bargaining agreement with the Suburban
8 Bus Board. After conducting such hearings and holding such
9 meetings and after making such changes in the proposed budget,
10 financial plan, and five-year capital program as the Suburban
11 Bus Board deems appropriate, it shall adopt an annual budget
12 ordinance at least by November 15 next preceding the beginning
13 of each fiscal year. The budget, financial plan, and five-year
14 capital program shall then be submitted to the Authority as
15 provided in Section 4.11. In the event that the Board of the
16 Authority determines that the budget and financial plan do not
17 meet the standards of Section 4.11, the Suburban Bus Board
18 shall make such changes as are necessary to meet such
19 requirements and adopt an amended budget ordinance. The
20 amended budget ordinance shall be resubmitted to the Authority
21 pursuant to Section 4.11. The ordinance shall appropriate such
22 sums of money as are deemed necessary to defray all necessary
23 expenses and obligations of the Division, specifying purposes
24 and the objects or programs for which appropriations are made
25 and the amount appropriated for each object or program.
26 Additional appropriations, transfers between items and other
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1 changes in such ordinance which do not alter the basis upon
2 which the balanced budget determination was made by the Board
3 of the Authority may be made from time to time by the Suburban
4 Bus Board.
5 The budget shall:
6 (i) show a balance between (A) anticipated revenues
7 from all sources including operating subsidies and (B) the
8 costs of providing the services specified and of funding
9 any operating deficits or encumbrances incurred in prior
10 periods, including provision for payment when due of
11 principal and interest on outstanding indebtedness;
12 (ii) show cash balances including the proceeds of any
13 anticipated cash flow borrowing sufficient to pay with
14 reasonable promptness all costs and expenses as incurred;
15 (iii) provide for a level of fares or charges and
16 operating or administrative costs for the public
17 transportation provided by or subject to the jurisdiction
18 of the Suburban Bus Board sufficient to allow the Suburban
19 Bus Board to meet its required system generated revenues
20 recovery ratio and, beginning with the 2007 fiscal year,
21 its system generated ADA paratransit services revenue
22 recovery ratio;
23 (iv) be based upon and employ assumptions and
24 projections which are reasonable and prudent;
25 (v) have been prepared in accordance with sound
26 financial practices as determined by the Board of the
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1 Authority;
2 (vi) meet such other uniform financial, budgetary, or
3 fiscal requirements that the Board of the Authority may by
4 rule or regulation establish; and
5 (vii) be consistent with the goals and objectives
6 adopted by the Regional Transportation Authority in the
7 Strategic Plan.
8 (Source: P.A. 94-370, eff. 7-29-05; 95-708, eff. 1-18-08.)
9 (70 ILCS 3615/3A.14) (from Ch. 111 2/3, par. 703A.14)
10 Sec. 3A.14. Labor.
11 (a) The provisions of this Section apply to collective
12 bargaining agreements (including extensions and amendments of
13 existing agreements) entered into on or after January 1, 1984.
14 (b) The Suburban Bus Board shall deal with and enter into
15 written contracts with their employees, through accredited
16 representatives of such employees authorized to act for such
17 employees concerning wages, salaries, hours, working
18 conditions, and pension or retirement provisions about which a
19 collective bargaining agreement has been entered prior to the
20 effective date of this amendatory Act of 1983. Any such
21 agreement of the Suburban Bus Board shall provide that the
22 agreement may be reopened if the amended budget submitted
23 pursuant to Section 2.18a of this Act is not approved by the
24 Board of the Authority. The agreement may not include a
25 provision requiring the payment of wage increases based on
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1 changes in the Consumer Price Index. The Suburban Bus Board
2 shall not have the authority to enter collective bargaining
3 agreements with respect to inherent management rights, which
4 include such areas of discretion or policy as the functions of
5 the employer, standards of services, its overall budget, the
6 organizational structure and selection of new employees and
7 direction of personnel. Employers, however, shall be required
8 to bargain collectively with regard to policy matters directly
9 affecting wages, hours and terms and conditions of employment,
10 as well as the impact thereon, upon request by employee
11 representatives. To preserve the rights of employers and
12 exclusive representatives which have established collective
13 bargaining relationships or negotiated collective bargaining
14 agreements prior to the effective date of this amendatory Act
15 of 1983, employers shall be required to bargain collectively
16 with regard to any matter concerning wages, hours or
17 conditions of employment about which they have bargained prior
18 to the effective date of this amendatory Act of 1983.
19 (c) The collective bargaining agreement may not include a
20 prohibition on the use of part-time operators on any service
21 operated by the Suburban Bus Board except where prohibited by
22 federal law.
23 (d) Within 30 days of the signing of any such collective
24 bargaining agreement, the Suburban Bus Board shall determine
25 the costs of each provision of the agreement, prepare an
26 amended budget incorporating the costs of the agreement, and
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1 present the amended budget to the Board of the Authority for
2 its approval under Section 4.11. The Board may approve the
3 amended budget by an affirmative vote of 12 of its then
4 Directors, prior to February 1, 2026, and by the affirmative
5 vote of at least 14 members, beginning February 1, 2026. If the
6 budget is not approved by the Board of the Authority, the
7 agreement may be reopened and its terms may be renegotiated.
8 Any amended budget which may be prepared following
9 renegotiation shall be presented to the Board of the Authority
10 for its approval in like manner.
11 (Source: P.A. 95-708, eff. 1-18-08.)
12 (70 ILCS 3615/3B.02) (from Ch. 111 2/3, par. 703B.02)
13 Sec. 3B.02. Commuter Rail Board.
14 (a) Until April 1, 2008, the governing body of the
15 Commuter Rail Division shall be a board consisting of 7
16 directors appointed pursuant to Sections 3B.03 and 3B.04, as
17 follows:
18 (1) One director shall be appointed by the Chairman of
19 the Board of DuPage County with the advice and consent of
20 the County Board of DuPage County and shall reside in
21 DuPage County.
22 (2) Two directors appointed by the Chairmen of the
23 County Boards of Kane, Lake, McHenry and Will Counties
24 with the concurrence of not less than a majority of the
25 chairmen from such counties, from nominees by the
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1 Chairmen. Each such chairman may nominate not more than
2 two persons for each position. Each such director shall
3 reside in a county in the metropolitan region other than
4 Cook or DuPage County.
5 (3) Three directors appointed by the members of the
6 Cook County Board elected from that part of Cook County
7 outside of Chicago, or, in the event such Board of
8 Commissioners becomes elected from single member
9 districts, by those Commissioners elected from districts,
10 a majority of the residents of which reside outside
11 Chicago. In either case, such appointment shall be with
12 the concurrence of four such Commissioners. Each such
13 director shall reside in that part of Cook County outside
14 Chicago.
15 (4) One director appointed by the Mayor of the City of
16 Chicago, with the advice and consent of the City Council
17 of the City of Chicago. Such director shall reside in the
18 City of Chicago.
19 (5) The chairman shall be appointed by the directors,
20 from the members of the board, with the concurrence of 5 of
21 such directors.
22 (b) After April 1, 2008 and before February 1, 2026, the
23 governing body of the Commuter Rail Division shall be a board
24 consisting of 11 directors appointed, pursuant to Sections
25 3B.03 and 3B.04, as follows:
26 (1) One Director shall be appointed by the Chairman of
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1 the DuPage County Board with the advice and consent of the
2 DuPage County Board and shall reside in DuPage County. To
3 implement the changes in appointing authority under this
4 Section, upon the expiration of the term of or vacancy in
5 office of the Director appointed under item (1) of
6 subsection (a) of this Section who resides in DuPage
7 County, a Director shall be appointed under this
8 subparagraph.
9 (2) One Director shall be appointed by the Chairman of
10 the McHenry County Board with the advice and consent of
11 the McHenry County Board and shall reside in McHenry
12 County. To implement the change in appointing authority
13 under this Section, upon the expiration of the term of or
14 vacancy in office of the Director appointed under item (2)
15 of subsection (a) of this Section who resides in McHenry
16 County, a Director shall be appointed under this
17 subparagraph.
18 (3) One Director shall be appointed by the Will County
19 Executive with the advice and consent of the Will County
20 Board and shall reside in Will County. To implement the
21 change in appointing authority under this Section, upon
22 the expiration of the term of or vacancy in office of the
23 Director appointed under item (2) of subsection (a) of
24 this Section who resides in Will County, a Director shall
25 be appointed under this subparagraph.
26 (4) One Director shall be appointed by the Chairman of
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1 the Lake County Board with the advice and consent of the
2 Lake County Board and shall reside in Lake County.
3 (5) One Director shall be appointed by the Chairman of
4 the Kane County Board with the advice and consent of the
5 Kane County Board and shall reside in Kane County.
6 (6) One Director shall be appointed by the Mayor of
7 the City of Chicago with the advice and consent of the City
8 Council of the City of Chicago and shall reside in the City
9 of Chicago. To implement the changes in appointing
10 authority under this Section, upon the expiration of the
11 term of or vacancy in office of the Director appointed
12 under item (4) of subsection (a) of this Section who
13 resides in the City of Chicago, a Director shall be
14 appointed under this subparagraph.
15 (7) Five Directors residing in Cook County outside of
16 the City of Chicago, as follows:
17 (i) One Director who resides in Cook County
18 outside of the City of Chicago, appointed by the
19 President of the Cook County Board with the advice and
20 consent of the members of the Cook County Board.
21 (ii) One Director who resides in the township of
22 Barrington, Palatine, Wheeling, Hanover, Schaumburg,
23 or Elk Grove. To implement the changes in appointing
24 authority under this Section, upon the expiration of
25 the term of or vacancy in office of the Director
26 appointed under paragraph (3) of subsection (a) of
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1 this Section who resides in the geographic area
2 described in this subparagraph, a Director shall be
3 appointed under this subparagraph.
4 (iii) One Director who resides in the township of
5 Northfield, New Trier, Maine, Niles, Evanston, Leyden,
6 Norwood Park, River Forest, or Oak Park.
7 (iv) One Director who resides in the township of
8 Proviso, Riverside, Berwyn, Cicero, Lyons, Stickney,
9 Lemont, Palos, or Orland. To implement the changes in
10 appointing authority under this Section, upon the
11 expiration of the term of or vacancy in office of the
12 Director appointed under paragraph (3) of subsection
13 (a) of this Section who resides in the geographic area
14 described in this subparagraph and whose term of
15 office had not expired as of August 1, 2007, a Director
16 shall be appointed under this subparagraph.
17 (v) One Director who resides in the township of
18 Worth, Calumet, Bremen, Thornton, Rich, or Bloom. To
19 implement the changes in appointing authority under
20 this Section, upon the expiration of the term of or
21 vacancy in office of the Director appointed under
22 paragraph (3) of subsection (a) of this Section who
23 resides in the geographic area described in this
24 subparagraph and whose term of office had expired as
25 of August 1, 2007, a Director shall be appointed under
26 this subparagraph.
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1 (vi) The Directors identified under the provisions
2 of subparagraphs (ii) through (v) of this paragraph
3 (7) shall be appointed by the members of the Cook
4 County Board. Each individual Director shall be
5 appointed by those members of the Cook County Board
6 whose Board districts overlap in whole or in part with
7 the geographic territory described in the relevant
8 subparagraph. The vote of County Board members
9 eligible to appoint directors under the provisions of
10 subparagraphs (ii) through (v) of this paragraph (7)
11 shall be weighted by the number of electors residing
12 in those portions of their Board districts within the
13 geographic territory described in the relevant
14 subparagraph (ii) through (v) of this paragraph (7).
15 (8) The Chairman shall be appointed by the Directors,
16 from the members of the Board, with the concurrence of 8 of
17 such Directors. To implement the changes in appointing
18 authority under this Section, upon the expiration of the
19 term of or vacancy in office of the Chairman appointed
20 under item (5) of subsection (a) of this Section, a
21 Chairman shall be appointed under this subparagraph.
22 (c) On and after February 1, 2026 the governing body of the
23 Commuter Rail Division shall be a board consisting of 11
24 Directors appointed under Sections 3B.03 and 3B.04 as follows:
25 (1) One Director shall be appointed by the Mayor of
26 the City of Chicago with the advice and consent of the City
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1 Council of the City of Chicago for an initial term of 4
2 years. Subsequent terms shall be 4 years. The Director
3 appointed under this paragraph (1) shall reside within the
4 City of Chicago.
5 (2) Five Directors shall be appointed by the President
6 of the Cook County Board of Commissioners with the advice
7 and consent of the members of the Cook County Board of
8 Commissioners. Of these 5 Directors, 3 shall have an
9 initial term of 2 years, and 2 shall have an initial term
10 of 4 years. Subsequent terms of all members shall be 4
11 years. The Directors appointed under this paragraph (2)
12 shall reside in the part of Cook County outside the City of
13 Chicago.
14 (3) One of the Directors appointed by the President of
15 the Cook County Board of Commissioners shall be a
16 representative of organized labor. The Director appointed
17 under this paragraph (3) shall reside within the 6-county
18 region of the Authority and shall be selected from a list
19 of 3 persons recommended by the president of a statewide
20 labor organization representing labor organizations
21 recognized under the National Labor Relations Act or the
22 Railway Labor Act. If the Director has not been appointed
23 within 60 days for the initial term, or appointed within
24 60 days of the expiration of a term or a vacancy, the first
25 person on the list provided to the President of the Cook
26 County Board shall automatically assume the office.
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1 (4) Five Director's appointed by the Chairmen of the
2 County Boards of DuPage, Kane, Lake, and McHenry counties
3 and the County Executive of Will County as follows:
4 (A) One Director appointed by the Chairman of the
5 DuPage County Board with the advice and consent of the
6 DuPage County Board for an initial term of 4 years.
7 Subsequent terms of the Director shall be 4 years to
8 begin February 1, 2026. The appointment shall be made
9 in time to begin the Director's term at this time. The
10 Director appointed under this subparagraph (A) shall
11 reside in DuPage County.
12 (B) One Director appointed by the Chairman of the
13 Kane County Board with the advice and consent of the
14 Kane County Board for an initial term to begin
15 February 1, 2026. Subsequent terms of the Director
16 shall be 4 years. The appointment shall be made in time
17 to begin the Director's term on February 1, 2026. The
18 Director appointed under this subparagraph (B) shall
19 reside in Kane County.
20 (C) One Director appointed by the Chairman of the
21 Lake County Board with the advice and consent of the
22 Lake County Board for an initial term of 4 years to
23 begin February 1, 2026. Subsequent terms of the
24 Director shall be 4 years. The appointment shall be
25 made in time to begin the Director's term at this time.
26 The Director appointed under this subparagraph (C)
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1 shall reside in Lake County.
2 (D) One Director appointed by the Chairman of the
3 McHenry County Board with the advice and consent of
4 the McHenry County Board for an initial term of 2 years
5 to begin February 1, 2026. Subsequent terms of the
6 Director shall be 4 years. The appointment shall be
7 made in time to begin the Director's term at this time.
8 The Director appointed under this subparagraph (D)
9 shall reside in McHenry County.
10 (E) One Director appointed by the County Executive
11 of Will County with the advice and consent of the Will
12 County Board for an initial term of 4 years to begin
13 February 1, 2026. Subsequent terms of the Director
14 shall be 4 years. The appointment shall be made in time
15 to begin the Director's term at this time. The
16 Director appointed under this subparagraph (E) shall
17 reside in Will County.
18 (8) The Chairman serving on the effective date of this
19 amendatory Act of the 104th General Assembly shall
20 continue to serve as Chairman until February 1, 2026 or
21 until a successor is appointed and qualified or a vacancy
22 occurs in the office. As soon as possible after the
23 Commuter Rail Board convenes following the appointments on
24 February 1, 2026 as outlined in subsection (c) of this
25 Section, a new Chairman shall be appointed. The Chairman
26 shall be appointed from among the other Directors by the
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1 affirmative vote of at least 7 of the then Directors.
2 (d) A new Board of Directors shall be appointed as
3 directed under subsection (c) of this Section to begin their
4 terms on February 1, 2026. The appointments shall be made in
5 time to begin their terms at this time. All Directors
6 appointed under subsection (b) of this Section serving on the
7 effective date of this amendatory Act of the 104th General
8 Assembly shall retain their offices until February 1, 2026, or
9 until the expiration of or vacancy of their respective terms
10 of office. In the event of the expiration of the a term of
11 office or a vacancy in these offices occurs prior to February
12 1, 2026, a new Director shall be appointed as provided by law.
13 A Director serving in this position on January 31, 2026 may be
14 reappointed if so chosen.
15 (e) Directors shall have diverse and substantial relevant
16 experience and expertise in overseeing the planning,
17 operation, and funding of a public transportation system,
18 including, but not limited to, backgrounds in urban and
19 regional planning, management of large capital projects, labor
20 and workforce development, business management, public
21 administration, transportation, and transit and ridership
22 advocacy.
23 (c) No director, while serving as such, shall be an
24 officer, a member of the board of directors or trustee or an
25 employee of any transportation agency, or be an employee of
26 the State of Illinois or any department or agency thereof, or
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1 of any county, municipality, or any other unit of local
2 government or receive any compensation from any elected or
3 appointed office under the Constitution and laws of Illinois.
4 (f) (d) Each appointment made under subsections (a) and
5 (b) of this Section and under Section 3B.03 shall be certified
6 by the appointing authority to the Commuter Rail Board which
7 shall maintain the certifications as part of the official
8 records of the Commuter Rail Board.
9 (Source: P.A. 98-709, eff. 7-16-14.)
10 (70 ILCS 3615/3B.09) (from Ch. 111 2/3, par. 703B.09)
11 Sec. 3B.09. General Powers. In addition to any powers
12 elsewhere provided to the Commuter Rail Board, it shall have
13 all of the powers specified in Section 2.20 of this Act except
14 for the powers specified in Section 2.20(a)(v). The Board
15 shall also have the power:
16 (a) to cooperate with the Regional Transportation
17 Authority in the exercise by the Regional Transportation
18 Authority of all the powers granted it by such Act;
19 (b) to receive funds from the Regional Transportation
20 Authority pursuant to Sections 2.02, 4.01, 4.02, 4.09 and 4.10
21 of the "Regional Transportation Authority Act", all as
22 provided in the "Regional Transportation Authority Act";
23 (c) to receive financial grants from the Regional
24 Transportation Authority or a Service Board, as defined in the
25 "Regional Transportation Authority Act", upon such terms and
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1 conditions as shall be set forth in a grant contract between
2 either the Division and the Regional Transportation Authority
3 or the Division and another Service Board, which contract or
4 agreement may be for such number of years or duration as the
5 parties may agree, all as provided in the "Regional
6 Transportation Authority Act"; and
7 (d) to borrow money for the purpose of acquiring,
8 constructing, reconstructing, extending, or improving any
9 Public Transportation Facilities (as defined in Section 1.03
10 of the Regional Transportation Authority Act) operated by or
11 to be operated by or on behalf of the Commuter Rail Division.
12 For the purpose of evidencing the obligation of the Commuter
13 Rail Board to repay any money borrowed as provided in this
14 subsection, the Commuter Rail Board may issue revenue bonds
15 from time to time pursuant to ordinance adopted by the
16 Commuter Rail Board, subject to the approval of the Regional
17 Transportation Authority of each such issuance by the
18 affirmative vote of 12 of its then Directors, prior to
19 February 1, 2026, and by the affirmative vote of at least 14 of
20 its then Directors, beginning February 1, 2026; provided that
21 the Commuter Rail Board may not issue bonds for the purpose of
22 financing the acquisition, construction, or improvement of a
23 corporate headquarters building. All such bonds shall be
24 payable solely from the revenues or income or any other funds
25 that the Commuter Rail Board may receive, provided that the
26 Commuter Rail Board may not pledge as security for such bonds
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1 the moneys, if any, that the Commuter Rail Board receives from
2 the Regional Transportation Authority pursuant to Section
3 4.03.3(f) of the Regional Transportation Authority Act. The
4 bonds shall bear interest at a rate not to exceed the maximum
5 rate authorized by the Bond Authorization Act and shall mature
6 at such time or times not exceeding 25 years from their
7 respective dates. Bonds issued pursuant to this paragraph must
8 be issued with scheduled principal or mandatory redemption
9 payments in equal amounts in each fiscal year over the term of
10 the bonds, with the first principal or mandatory redemption
11 payment scheduled within the fiscal year in which bonds are
12 issued or within the next succeeding fiscal year. At least
13 25%, based on total principal amount, of all bonds authorized
14 pursuant to this Section shall be sold pursuant to notice of
15 sale and public bid. No more than 75%, based on total principal
16 amount, of all bonds authorized pursuant to this Section shall
17 be sold by negotiated sale. The maximum principal amount of
18 the bonds that may be issued and outstanding at any time may
19 not exceed $1,000,000,000. The bonds shall have all the
20 qualities of negotiable instruments under the laws of this
21 State. To secure the payment of any or all of such bonds and
22 for the purpose of setting forth the covenants and
23 undertakings of the Commuter Rail Board in connection with the
24 issuance thereof and the issuance of any additional bonds
25 payable from such revenue or income as well as the use and
26 application of the revenue or income received by the Commuter
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1 Rail Board, the Commuter Rail Board may execute and deliver a
2 trust agreement or agreements; provided that no lien upon any
3 physical property of the Commuter Rail Board shall be created
4 thereby. A remedy for any breach or default of the terms of any
5 such trust agreement by the Commuter Rail Board may be by
6 mandamus proceedings in any court of competent jurisdiction to
7 compel performance and compliance therewith, but the trust
8 agreement may prescribe by whom or on whose behalf such action
9 may be instituted. Under no circumstances shall any bonds
10 issued by the Commuter Rail Board or any other obligation of
11 the Commuter Rail Board in connection with the issuance of
12 such bonds be or become an indebtedness or obligation of the
13 State of Illinois, the Regional Transportation Authority, or
14 any other political subdivision of or municipality within the
15 State, nor shall any such bonds or obligations be or become an
16 indebtedness of the Commuter Rail Board within the purview of
17 any constitutional limitation or provision, and it shall be
18 plainly stated on the face of each bond that it does not
19 constitute such an indebtedness or obligation but is payable
20 solely from the revenues or income as aforesaid.
21 (Source: P.A. 95-708, eff. 1-18-08.)
22 (70 ILCS 3615/3B.10) (from Ch. 111 2/3, par. 703B.10)
23 Sec. 3B.10. Budget and Program. The Commuter Rail Board,
24 subject to the powers of the Authority in Section 4.11, shall
25 control the finances of the Division. It shall by ordinance
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1 appropriate money to perform the Division's purposes and
2 provide for payment of debts and expenses of the Division.
3 Each year the Commuter Rail Board shall prepare and publish a
4 comprehensive annual budget and proposed five-year capital
5 program document, and a financial plan for the two years
6 thereafter describing the state of the Division and presenting
7 for the forthcoming fiscal year and the two following years
8 the Commuter Rail Board's plans for such operations and
9 capital expenditures as the Commuter Rail Board intends to
10 undertake and the means by which it intends to finance them.
11 The proposed budget, financial plan, and five-year capital
12 program shall be based on the Authority's estimate of funds to
13 be made available to the Commuter Rail Board by or through the
14 Authority and shall conform in all respects to the
15 requirements established by the Authority. The proposed
16 budget, financial plan, and five-year capital program shall
17 contain a statement of the funds estimated to be on hand at the
18 beginning of the fiscal year, the funds estimated to be
19 received from all sources for such year and the funds
20 estimated to be on hand at the end of such year. The fiscal
21 year of the Division shall be the same as the fiscal year of
22 the Authority. Before the proposed budget, financial plan, and
23 five-year capital program are submitted to the Authority, the
24 Commuter Rail Board shall hold at least one public hearing
25 thereon in each of the counties in the metropolitan region in
26 which the Division provides service. The Commuter Rail Board
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1 shall hold at least one meeting for consideration of the
2 proposed budget, financial plan, and five-year capital plan
3 with the county board of each of the several counties in the
4 metropolitan region in which the Division provides service.
5 Prior to the capital program being submitted to the Authority,
6 the Commuter Rail Board shall hold at least one meeting for
7 consideration of the proposed 5-year capital program with
8 representatives of labor organizations that have a collective
9 bargaining agreement with the Commuter Rail Board. After
10 conducting such hearings and holding such meetings and after
11 making such changes in the proposed budget, financial plan,
12 and five-year capital plan as the Commuter Rail Board deems
13 appropriate, the board shall adopt its annual budget ordinance
14 at least by November 15 next preceding the beginning of each
15 fiscal year. The budget, financial plan, and five-year capital
16 program shall then be submitted to the Authority as provided
17 in Section 4.11. In the event that the Board of the Authority
18 determines that the budget and program, and financial plan do
19 not meet the standards of Section 4.11, the Commuter Rail
20 Board shall make such changes as are necessary to meet such
21 requirements and adopt an amended budget ordinance. The
22 amended budget ordinance shall be resubmitted to the Authority
23 pursuant to Section 4.11. The ordinance shall appropriate such
24 sums of money as are deemed necessary to defray all necessary
25 expenses and obligations of the Division, specifying purposes
26 and the objects or programs for which appropriations are made
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1 and the amount appropriated for each object or program.
2 Additional appropriations, transfers between items and other
3 changes in such ordinance which do not alter the basis upon
4 which the balanced budget determination was made by the Board
5 of the Authority may be made from time to time by the Commuter
6 Rail Board.
7 The budget shall:
8 (i) show a balance between (A) anticipated revenues
9 from all sources including operating subsidies and (B) the
10 costs of providing the services specified and of funding
11 any operating deficits or encumbrances incurred in prior
12 periods, including provision for payment when due of
13 principal and interest on outstanding indebtedness;
14 (ii) show cash balances including the proceeds of any
15 anticipated cash flow borrowing sufficient to pay with
16 reasonable promptness all costs and expenses as incurred;
17 (iii) provide for a level of fares or charges for the
18 public transportation provided by or subject to the
19 jurisdiction of such Commuter Rail Board sufficient to
20 allow the Commuter Rail Board to meet its required system
21 generated revenue recovery ratio;
22 (iv) be based upon and employ assumptions and
23 projections which the Board of the Authority finds to be
24 reasonable and prudent;
25 (v) have been prepared in accordance with sound
26 financial practices as determined by the Board of the
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1 Authority;
2 (vi) meet such other uniform financial, budgetary, or
3 fiscal requirements that the Board of the Authority may by
4 rule or regulation establish; and
5 (vii) be consistent with the goals and objectives
6 adopted by the Regional Transportation Authority in the
7 Strategic Plan.
8 (Source: P.A. 95-708, eff. 1-18-08.)
9 (70 ILCS 3615/3B.13) (from Ch. 111 2/3, par. 703B.13)
10 Sec. 3B.13. Labor.
11 (a) The provisions of this Section apply to collective
12 bargaining agreements (including extensions and amendments of
13 existing agreements) entered into on or after January 1, 1984.
14 This Section does not apply to collective bargaining
15 agreements that are subject to the provisions of the Railway
16 Labor Act, as now or hereafter amended.
17 (b) The Commuter Rail Board shall deal with and enter into
18 written contracts with their employees, through accredited
19 representatives of such employees authorized to act for such
20 employees concerning wages, salaries, hours, working
21 conditions, and pension or retirement provisions about which a
22 collective bargaining agreement has been entered prior to the
23 effective date of this amendatory Act of 1983. Any such
24 agreement of the Commuter Rail Board shall provide that the
25 agreement may be reopened if the amended budget submitted
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1 pursuant to Section 2.18a of this Act is not approved by the
2 Board of the Authority. The agreement may not include a
3 provision requiring the payment of wage increases based on
4 changes in the Consumer Price Index. The Commuter Rail Board
5 shall not have the authority to enter collective bargaining
6 agreements with respect to inherent management rights which
7 include such areas of discretion or policy as the functions of
8 the employer, standards of services, its overall budget, the
9 organizational structure and selection of new employees and
10 direction of personnel. Employers, however, shall be required
11 to bargain collectively with regard to policy matters directly
12 affecting wages, hours and terms and conditions of employment,
13 as well as the impact thereon, upon request by employee
14 representatives. To preserve the rights of the Commuter Rail
15 Board and exclusive representatives which have established
16 collective bargaining relationships or negotiated collective
17 bargaining agreements prior to the effective date of this
18 amendatory Act of 1983, the Commuter Rail Board shall be
19 required to bargain collectively with regard to any matter
20 concerning wages, hours or conditions of employment about
21 which they have bargained prior to the effective date of this
22 amendatory Act of 1983.
23 (c) The collective bargaining agreement may not include a
24 prohibition on the use of part-time operators on any service
25 operated by the Commuter Rail Board except where prohibited by
26 federal law.
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1 (d) Within 30 days of the signing of any such collective
2 bargaining agreement, the Commuter Rail Board shall determine
3 the costs of each provision of the agreement, prepare an
4 amended budget incorporating the costs of the agreement, and
5 present the amended budget to the Board of the Authority for
6 its approval under Section 4.11. The Board may approve the
7 amended budget by an affirmative vote of 12 of its then
8 Directors, prior to February 1, 2026, and by the affirmative
9 vote of at least 14 of its then Directors, beginning February
10 1, 2026. If the budget is not approved by the Board of the
11 Authority, the agreement may be reopened and its terms may be
12 renegotiated. Any amended budget which may be prepared
13 following renegotiation shall be presented to the Board of the
14 Authority for its approval in like manner.
15 (Source: P.A. 95-708, eff. 1-18-08.)
16 (70 ILCS 3615/4.01) (from Ch. 111 2/3, par. 704.01)
17 Sec. 4.01. Budget and Program.
18 (a) The Board shall control the finances of the Authority.
19 It shall by ordinance adopted by the affirmative vote of at
20 least 12 of its then Directors, prior to February 1, 2026, and
21 by the affirmative vote of at least 14 of its then Directors,
22 beginning February 1, 2026, (i) appropriate money to perform
23 the Authority's purposes and provide for payment of debts and
24 expenses of the Authority, (ii) take action with respect to
25 the budget and two-year financial plan of each Service Board,
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1 as provided in Section 4.11, and (iii) adopt an Annual Budget
2 and Two-Year Financial Plan for the Authority that includes
3 the annual budget and two-year financial plan of each Service
4 Board that has been approved by the Authority. The Annual
5 Budget and Two-Year Financial Plan shall contain a statement
6 of the funds estimated to be on hand for the Authority and each
7 Service Board at the beginning of the fiscal year, the funds
8 estimated to be received from all sources for such year, the
9 estimated expenses and obligations of the Authority and each
10 Service Board for all purposes, including expenses for
11 contributions to be made with respect to pension and other
12 employee benefits, and the funds estimated to be on hand at the
13 end of such year. The fiscal year of the Authority and each
14 Service Board shall begin on January 1st and end on the
15 succeeding December 31st. By July 1st of each year the
16 Director of the Illinois Governor's Office of Management and
17 Budget (formerly Bureau of the Budget) shall submit to the
18 Authority an estimate of revenues for the next fiscal year of
19 the Authority to be collected from the taxes imposed by the
20 Authority and the amounts to be available in the Public
21 Transportation Fund and the Regional Transportation Authority
22 Occupation and Use Tax Replacement Fund and the amounts
23 otherwise to be appropriated by the State to the Authority for
24 its purposes. The Authority shall file a copy of its Annual
25 Budget and Two-Year Financial Plan with the General Assembly
26 and the Governor after its adoption. Before the proposed
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1 Annual Budget and Two-Year Financial Plan is adopted, the
2 Authority shall hold at least one public hearing thereon in
3 the metropolitan region, and shall meet with the county board
4 or its designee of each of the several counties in the
5 metropolitan region. After conducting such hearings and
6 holding such meetings and after making such changes in the
7 proposed Annual Budget and Two-Year Financial Plan as the
8 Board deems appropriate, the Board shall adopt its annual
9 appropriation and Annual Budget and Two-Year Financial Plan
10 ordinance. The ordinance may be adopted only upon the
11 affirmative votes of 12 of its then Directors, prior to
12 February 1, 2026, and by the affirmative vote of at least 14 of
13 its then Directors, beginning February 1, 2026. The ordinance
14 shall appropriate such sums of money as are deemed necessary
15 to defray all necessary expenses and obligations of the
16 Authority, specifying purposes and the objects or programs for
17 which appropriations are made and the amount appropriated for
18 each object or program. Additional appropriations, transfers
19 between items and other changes in such ordinance may be made
20 from time to time by the Board upon the affirmative votes of 12
21 of its then Directors, prior to February 1, 2026, and by the
22 affirmative vote of at least 14 of its then Directors,
23 beginning February 1, 2026.
24 (b) The Annual Budget and Two-Year Financial Plan shall
25 show a balance between anticipated revenues from all sources
26 and anticipated expenses including funding of operating
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1 deficits or the discharge of encumbrances incurred in prior
2 periods and payment of principal and interest when due, and
3 shall show cash balances sufficient to pay with reasonable
4 promptness all obligations and expenses as incurred.
5 The Annual Budget and Two-Year Financial Plan must show:
6 (i) that the level of fares and charges for mass
7 transportation provided by, or under grant or purchase of
8 service contracts of, the Service Boards is sufficient to
9 cause the aggregate of all projected fare revenues from
10 such fares and charges received in each fiscal year to
11 equal at least 50% of the aggregate costs of providing
12 such public transportation in such fiscal year. However,
13 due to the fiscal impacts of the COVID-19 pandemic, the
14 aggregate of all projected fare revenues from such fares
15 and charges received in fiscal years 2021, 2022, 2023,
16 2024, and 2025 may be less than 50% of the aggregate costs
17 of providing such public transportation in those fiscal
18 years. The aggregate of all projected fare revenues from
19 such fares and charges received in fiscal years 2026 and
20 2027 shall equal at least 25% of the aggregate cost of
21 providing such public transportation in those fiscal
22 years. The aggregate of all projected fare revenues from
23 such fares and charges received in fiscal years 2028 and
24 2029 and for every fiscal year thereafter shall equal at
25 least 15% of the aggregate cost of providing such public
26 transportation in those fiscal years. Prior to the
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1 beginning of fiscal year 2030, the General Assembly shall
2 reevaluate and determine the appropriate system generated
3 revenues recovery ratio for future years. "Fare revenues"
4 include the proceeds of all fares and charges for services
5 provided, contributions received in connection with public
6 transportation from units of local government other than
7 the Authority, except for contributions received by the
8 Chicago Transit Authority from a real estate transfer tax
9 imposed under subsection (i) of Section 8-3-19 of the
10 Illinois Municipal Code, and from the State pursuant to
11 subsection (i) of Section 2705-305 of the Department of
12 Transportation Law (20 ILCS 2705/2705-305), and all other
13 operating revenues properly included consistent with
14 generally accepted accounting principles but do not
15 include: the proceeds of any borrowings, and, beginning
16 with the 2007 fiscal year, all revenues and receipts,
17 including but not limited to fares and grants received
18 from the federal, State or any unit of local government or
19 other entity, derived from providing ADA paratransit
20 service pursuant to Section 2.30 of the Regional
21 Transportation Authority Act. "Costs" include all items
22 properly included as operating costs consistent with
23 generally accepted accounting principles, including
24 administrative costs, but do not include: depreciation;
25 payment of principal and interest on bonds, notes or other
26 evidences of obligation for borrowed money issued by the
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1 Authority; payments with respect to public transportation
2 facilities made pursuant to subsection (b) of Section 2.20
3 of this Act; any payments with respect to rate protection
4 contracts, credit enhancements or liquidity agreements
5 made under Section 4.14; any other cost to which it is
6 reasonably expected that a cash expenditure will not be
7 made; costs for passenger security including grants,
8 contracts, personnel, equipment and administrative
9 expenses, except in the case of the Chicago Transit
10 Authority, in which case the term does not include costs
11 spent annually by that entity for protection against crime
12 as required by Section 27a of the Metropolitan Transit
13 Authority Act; the payment by the Chicago Transit
14 Authority of Debt Service, as defined in Section 12c of
15 the Metropolitan Transit Authority Act, on bonds or notes
16 issued pursuant to that Section; the payment by the
17 Commuter Rail Division of debt service on bonds issued
18 pursuant to Section 3B.09; expenses incurred by the
19 Suburban Bus Division for the cost of new public
20 transportation services funded from grants pursuant to
21 Section 2.01e of this amendatory Act of the 95th General
22 Assembly for a period of 2 years from the date of
23 initiation of each such service; costs as exempted by the
24 Board for projects pursuant to Section 2.09 of this Act;
25 or, beginning with the 2007 fiscal year, expenses related
26 to providing ADA paratransit service pursuant to Section
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1 2.30 of the Regional Transportation Authority Act; and in
2 fiscal years 2008 through 2012 inclusive, costs in the
3 amount of $200,000,000 in fiscal year 2008, reducing by
4 $40,000,000 in each fiscal year thereafter until this
5 exemption is eliminated; and expenses incurred by any and
6 all Service Boards for the cost of new public
7 transportation services for a period of 2 years from the
8 date of initiation of each such service; and
9 (ii) that the level of fares charged for ADA
10 paratransit services is sufficient to cause the aggregate
11 of all projected revenues from such fares charged and
12 received in each fiscal year to equal at least 10% of the
13 aggregate costs of providing such ADA paratransit
14 services. However, due to the fiscal impacts of the
15 COVID-19 pandemic, the aggregate of all projected fare
16 revenues from such fares and charges received in fiscal
17 years 2021, 2022, 2023, 2024, and 2025 may be less than 10%
18 of the aggregate costs of providing such ADA paratransit
19 services in those fiscal years. The aggregate of all
20 projected revenues from such fares charged and received in
21 fiscal years 2026 and 2027 shall equal at least 5% of the
22 aggregate costs of providing such ADA paratransit services
23 in those fiscal years. The aggregate of all projected
24 revenues from such fares charged and received in fiscal
25 years 2028 and 2029 and every fiscal year thereafter shall
26 equal at least 3% of the aggregate costs of providing such
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1 ADA paratransit services in those fiscal years. Prior to
2 the beginning of fiscal year 2030, the General Assembly
3 shall reevaluate and determine the appropriate system
4 generated revenues recovery ratio for ADA paratransit
5 services for future years. For purposes of this Act, the
6 percentages in this subsection (b)(ii) shall be referred
7 to as the "system generated ADA paratransit services
8 revenue recovery ratio". For purposes of the system
9 generated ADA paratransit services revenue recovery ratio,
10 "costs" shall include all items properly included as
11 operating costs consistent with generally accepted
12 accounting principles. However, the Board may exclude from
13 costs an amount that does not exceed the allowable
14 "capital costs of contracting" for ADA paratransit
15 services pursuant to the Federal Transit Administration
16 guidelines for the Urbanized Area Formula Program.
17 The Authority shall file a statement certifying that the
18 Service Boards published the data described in subsection
19 (b-5) with the General Assembly and the Governor after
20 adoption of the Annual Budget and Two-Year Financial Plan
21 required by subsection (a). If the Authority fails to file a
22 statement certifying publication of the data, then the
23 appropriations to the Department of Transportation for grants
24 to the Authority intended to reimburse the Service Boards for
25 providing free and reduced fares shall be withheld.
26 (b-5) For fiscal years 2024, and 2025, 2026, and every
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1 year thereafter, the Service Boards must publish a monthly
2 comprehensive set of data regarding transit service and
3 safety. The data included shall include information to track
4 operations including:
5 (1) staffing levels, including numbers of budgeted
6 positions, current positions employed, hired staff,
7 attrition, staff in training, and absenteeism rates;
8 (2) scheduled service and delivered service, including
9 percentage of scheduled service delivered by day, service
10 by mode of transportation, service by route and rail line,
11 total number of revenue miles driven, excess wait times by
12 day, by mode of transportation, by bus route, and by stop;
13 and
14 (3) safety on the system, including the number of
15 incidents of crime and code of conduct violations on
16 system, any performance measures used to evaluate the
17 effectiveness of investments in private security, safety
18 equipment, and other security investments in the system.
19 If no performance measures exist to evaluate the
20 effectiveness of these safety investments, the Service
21 Boards and Authority shall develop and publish these
22 performance measures.
23 The Authority and Service Boards shall solicit input and
24 ideas on publishing data on the service reliability,
25 operations, and safety of the system from the public and
26 groups representing transit riders, workers, and businesses.
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1 (c) The actual administrative expenses of the Authority
2 for the fiscal year commencing January 1, 1985 may not exceed
3 $5,000,000. The actual administrative expenses of the
4 Authority for the fiscal year commencing January 1, 1986, and
5 for each fiscal year thereafter shall not exceed the maximum
6 administrative expenses for the previous fiscal year plus 5%.
7 "Administrative expenses" are defined for purposes of this
8 Section as all expenses except: (1) capital expenses and
9 purchases of the Authority on behalf of the Service Boards;
10 (2) payments to Service Boards; and (3) payment of principal
11 and interest on bonds, notes or other evidence of obligation
12 for borrowed money issued by the Authority; (4) costs for
13 passenger security including grants, contracts, personnel,
14 equipment and administrative expenses; (5) payments with
15 respect to public transportation facilities made pursuant to
16 subsection (b) of Section 2.20 of this Act; and (6) any
17 payments with respect to rate protection contracts, credit
18 enhancements or liquidity agreements made pursuant to Section
19 4.14.
20 (d) This subsection applies only until the Department
21 begins administering and enforcing an increased tax under
22 Section 4.03(m) as authorized by this amendatory Act of the
23 95th General Assembly. After withholding 15% of the proceeds
24 of any tax imposed by the Authority and 15% of money received
25 by the Authority from the Regional Transportation Authority
26 Occupation and Use Tax Replacement Fund, the Board shall
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1 allocate the proceeds and money remaining to the Service
2 Boards as follows: (1) an amount equal to 85% of the proceeds
3 of those taxes collected within the City of Chicago and 85% of
4 the money received by the Authority on account of transfers to
5 the Regional Transportation Authority Occupation and Use Tax
6 Replacement Fund from the County and Mass Transit District
7 Fund attributable to retail sales within the City of Chicago
8 shall be allocated to the Chicago Transit Authority; (2) an
9 amount equal to 85% of the proceeds of those taxes collected
10 within Cook County outside the City of Chicago and 85% of the
11 money received by the Authority on account of transfers to the
12 Regional Transportation Authority Occupation and Use Tax
13 Replacement Fund from the County and Mass Transit District
14 Fund attributable to retail sales within Cook County outside
15 of the city of Chicago shall be allocated 30% to the Chicago
16 Transit Authority, 55% to the Commuter Rail Board and 15% to
17 the Suburban Bus Board; and (3) an amount equal to 85% of the
18 proceeds of the taxes collected within the Counties of DuPage,
19 Kane, Lake, McHenry and Will shall be allocated 70% to the
20 Commuter Rail Board and 30% to the Suburban Bus Board.
21 (e) This subsection applies only until the Department
22 begins administering and enforcing an increased tax under
23 Section 4.03(m) as authorized by this amendatory Act of the
24 95th General Assembly. Moneys received by the Authority on
25 account of transfers to the Regional Transportation Authority
26 Occupation and Use Tax Replacement Fund from the State and
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1 Local Sales Tax Reform Fund shall be allocated among the
2 Authority and the Service Boards as follows: 15% of such
3 moneys shall be retained by the Authority and the remaining
4 85% shall be transferred to the Service Boards as soon as may
5 be practicable after the Authority receives payment. Moneys
6 which are distributable to the Service Boards pursuant to the
7 preceding sentence shall be allocated among the Service Boards
8 on the basis of each Service Board's distribution ratio. The
9 term "distribution ratio" means, for purposes of this
10 subsection (e) of this Section 4.01, the ratio of the total
11 amount distributed to a Service Board pursuant to subsection
12 (d) of Section 4.01 for the immediately preceding calendar
13 year to the total amount distributed to all of the Service
14 Boards pursuant to subsection (d) of Section 4.01 for the
15 immediately preceding calendar year.
16 (f) To carry out its duties and responsibilities under
17 this Act, the Board shall employ staff which shall: (1)
18 propose for adoption by the Board of the Authority rules for
19 the Service Boards that establish (i) forms and schedules to
20 be used and information required to be provided with respect
21 to a five-year capital program, annual budgets, and two-year
22 financial plans and regular reporting of actual results
23 against adopted budgets and financial plans, (ii) financial
24 practices to be followed in the budgeting and expenditure of
25 public funds, (iii) assumptions and projections that must be
26 followed in preparing and submitting its annual budget and
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1 two-year financial plan or a five-year capital program; (2)
2 evaluate for the Board public transportation programs operated
3 or proposed by the Service Boards and transportation agencies
4 in terms of the goals and objectives set out in the Strategic
5 Plan; (3) keep the Board and the public informed of the extent
6 to which the Service Boards and transportation agencies are
7 meeting the goals and objectives adopted by the Authority in
8 the Strategic Plan; and (4) assess the efficiency or adequacy
9 of public transportation services provided by a Service Board
10 and make recommendations for change in that service to the end
11 that the moneys available to the Authority may be expended in
12 the most economical manner possible with the least possible
13 duplication.
14 (g) All Service Boards, transportation agencies,
15 comprehensive planning agencies, including the Chicago
16 Metropolitan Agency for Planning, or transportation planning
17 agencies in the metropolitan region shall furnish to the
18 Authority such information pertaining to public transportation
19 or relevant for plans therefor as it may from time to time
20 require. The Executive Director, or his or her designee,
21 shall, for the purpose of securing any such information
22 necessary or appropriate to carry out any of the powers and
23 responsibilities of the Authority under this Act, have access
24 to, and the right to examine, all books, documents, papers or
25 records of a Service Board or any transportation agency
26 receiving funds from the Authority or Service Board, and such
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1 Service Board or transportation agency shall comply with any
2 request by the Executive Director, or his or her designee,
3 within 30 days or an extended time provided by the Executive
4 Director.
5 (h) No Service Board shall undertake any capital
6 improvement which is not identified in the Five-Year Capital
7 Program.
8 (i) Each Service Board shall furnish to the Board access
9 to its financial information including, but not limited to,
10 audits and reports. The Board shall have real-time access to
11 the financial information of the Service Boards; however, the
12 Board shall be granted read-only access to the Service Board's
13 financial information.
14 (Source: P.A. 102-678, eff. 12-10-21; 103-281, eff. 1-1-24.)
15 (70 ILCS 3615/4.03)
16 Sec. 4.03. Taxes.
17 (a) In order to carry out any of the powers or purposes of
18 the Authority, the Board may, by ordinance adopted with the
19 concurrence of 12 of the then Directors, prior to February 1,
20 2026, and by the affirmative vote of at least 14 of the then
21 Directors, beginning February 1, 2026, impose throughout the
22 metropolitan region any or all of the taxes provided in this
23 Section. Except as otherwise provided in this Act, taxes
24 imposed under this Section and civil penalties imposed
25 incident thereto shall be collected and enforced by the State
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1 Department of Revenue. The Department shall have the power to
2 administer and enforce the taxes and to determine all rights
3 for refunds for erroneous payments of the taxes. Nothing in
4 Public Act 95-708 is intended to invalidate any taxes
5 currently imposed by the Authority. The increased vote
6 requirements to impose a tax shall only apply to actions taken
7 after January 1, 2008 (the effective date of Public Act
8 95-708).
9 (b) The Board may impose a public transportation tax upon
10 all persons engaged in the metropolitan region in the business
11 of selling at retail motor fuel for operation of motor
12 vehicles upon public highways. The tax shall be at a rate not
13 to exceed 5% of the gross receipts from the sales of motor fuel
14 in the course of the business. As used in this Act, the term
15 "motor fuel" shall have the same meaning as in the Motor Fuel
16 Tax Law. The Board may provide for details of the tax. The
17 provisions of any tax shall conform, as closely as may be
18 practicable, to the provisions of the Municipal Retailers
19 Occupation Tax Act, including, without limitation, conformity
20 to penalties with respect to the tax imposed and as to the
21 powers of the State Department of Revenue to promulgate and
22 enforce rules and regulations relating to the administration
23 and enforcement of the provisions of the tax imposed, except
24 that reference in the Act to any municipality shall refer to
25 the Authority and the tax shall be imposed only with regard to
26 receipts from sales of motor fuel in the metropolitan region,
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1 at rates as limited by this Section.
2 (c) In connection with the tax imposed under paragraph (b)
3 of this Section, the Board may impose a tax upon the privilege
4 of using in the metropolitan region motor fuel for the
5 operation of a motor vehicle upon public highways, the tax to
6 be at a rate not in excess of the rate of tax imposed under
7 paragraph (b) of this Section. The Board may provide for
8 details of the tax.
9 (d) The Board may impose a motor vehicle parking tax upon
10 the privilege of parking motor vehicles at off-street parking
11 facilities in the metropolitan region at which a fee is
12 charged, and may provide for reasonable classifications in and
13 exemptions to the tax, for administration and enforcement
14 thereof and for civil penalties and refunds thereunder and may
15 provide criminal penalties thereunder, the maximum penalties
16 not to exceed the maximum criminal penalties provided in the
17 Retailers' Occupation Tax Act. The Authority may collect and
18 enforce the tax itself or by contract with any unit of local
19 government. The State Department of Revenue shall have no
20 responsibility for the collection and enforcement unless the
21 Department agrees with the Authority to undertake the
22 collection and enforcement. As used in this paragraph, the
23 term "parking facility" means a parking area or structure
24 having parking spaces for more than 2 vehicles at which motor
25 vehicles are permitted to park in return for an hourly, daily,
26 or other periodic fee, whether publicly or privately owned,
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1 but does not include parking spaces on a public street, the use
2 of which is regulated by parking meters.
3 (e) The Board may impose a Regional Transportation
4 Authority Retailers' Occupation Tax upon all persons engaged
5 in the business of selling tangible personal property at
6 retail in the metropolitan region. In Cook County, the tax
7 rate shall be 1.25% of the gross receipts from sales of food
8 for human consumption that is to be consumed off the premises
9 where it is sold (other than alcoholic beverages, food
10 consisting of or infused with adult use cannabis, soft drinks,
11 candy, and food that has been prepared for immediate
12 consumption) and tangible personal property taxed at the 1%
13 rate under the Retailers' Occupation Tax Act, and 1% of the
14 gross receipts from other taxable sales made in the course of
15 that business. In DuPage, Kane, Lake, McHenry, and Will
16 counties, the tax rate shall be 0.75% of the gross receipts
17 from all taxable sales made in the course of that business. The
18 rate of tax imposed in DuPage, Kane, Lake, McHenry, and Will
19 counties under this Section on sales of aviation fuel on or
20 after December 1, 2019 shall, however, be 0.25% unless the
21 Regional Transportation Authority in DuPage, Kane, Lake,
22 McHenry, and Will counties has an "airport-related purpose"
23 and the additional 0.50% of the 0.75% tax on aviation fuel is
24 expended for airport-related purposes. If there is no
25 airport-related purpose to which aviation fuel tax revenue is
26 dedicated, then aviation fuel is excluded from the additional
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1 0.50% of the 0.75% tax. The tax imposed under this Section and
2 all civil penalties that may be assessed as an incident
3 thereof shall be collected and enforced by the State
4 Department of Revenue. The Department shall have full power to
5 administer and enforce this Section; to collect all taxes and
6 penalties so collected in the manner hereinafter provided; and
7 to determine all rights to credit memoranda arising on account
8 of the erroneous payment of tax or penalty hereunder. In the
9 administration of, and compliance with this Section, the
10 Department and persons who are subject to this Section shall
11 have the same rights, remedies, privileges, immunities,
12 powers, and duties, and be subject to the same conditions,
13 restrictions, limitations, penalties, exclusions, exemptions,
14 and definitions of terms, and employ the same modes of
15 procedure, as are prescribed in Sections 1, 1a, 1a-1, 1c, 1d,
16 1e, 1f, 1i, 1j, 2 through 2-65 (in respect to all provisions
17 therein other than the State rate of tax), 2c, 3 (except as to
18 the disposition of taxes and penalties collected, and except
19 that the retailer's discount is not allowed for taxes paid on
20 aviation fuel that are subject to the revenue use requirements
21 of 49 U.S.C. 47107(b) and 49 U.S.C. 47133), 4, 5, 5a, 5b, 5c,
22 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 6d, 7, 8, 9,
23 10, 11, 12, and 13 of the Retailers' Occupation Tax Act and
24 Section 3-7 of the Uniform Penalty and Interest Act, as fully
25 as if those provisions were set forth herein.
26 The Board and DuPage, Kane, Lake, McHenry, and Will
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1 counties must comply with the certification requirements for
2 airport-related purposes under Section 2-22 of the Retailers'
3 Occupation Tax Act. For purposes of this Section,
4 "airport-related purposes" has the meaning ascribed in Section
5 6z-20.2 of the State Finance Act. This exclusion for aviation
6 fuel only applies for so long as the revenue use requirements
7 of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the
8 Authority.
9 Persons subject to any tax imposed under the authority
10 granted in this Section may reimburse themselves for their
11 seller's tax liability hereunder by separately stating the tax
12 as an additional charge, which charge may be stated in
13 combination in a single amount with State taxes that sellers
14 are required to collect under the Use Tax Act, under any
15 bracket schedules the Department may prescribe.
16 Whenever the Department determines that a refund should be
17 made under this Section to a claimant instead of issuing a
18 credit memorandum, the Department shall notify the State
19 Comptroller, who shall cause the warrant to be drawn for the
20 amount specified, and to the person named, in the notification
21 from the Department. The refund shall be paid by the State
22 Treasurer out of the Regional Transportation Authority tax
23 fund established under paragraph (n) of this Section or the
24 Local Government Aviation Trust Fund, as appropriate.
25 If a tax is imposed under this subsection (e), a tax shall
26 also be imposed under subsections (f) and (g) of this Section.
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1 For the purpose of determining whether a tax authorized
2 under this Section is applicable, a retail sale by a producer
3 of coal or other mineral mined in Illinois, is a sale at retail
4 at the place where the coal or other mineral mined in Illinois
5 is extracted from the earth. This paragraph does not apply to
6 coal or other mineral when it is delivered or shipped by the
7 seller to the purchaser at a point outside Illinois so that the
8 sale is exempt under the Federal Constitution as a sale in
9 interstate or foreign commerce.
10 No tax shall be imposed or collected under this subsection
11 on the sale of a motor vehicle in this State to a resident of
12 another state if that motor vehicle will not be titled in this
13 State.
14 Nothing in this Section shall be construed to authorize
15 the Regional Transportation Authority to impose a tax upon the
16 privilege of engaging in any business that under the
17 Constitution of the United States may not be made the subject
18 of taxation by this State.
19 (f) If a tax has been imposed under paragraph (e), a
20 Regional Transportation Authority Service Occupation Tax shall
21 also be imposed upon all persons engaged, in the metropolitan
22 region in the business of making sales of service, who, as an
23 incident to making the sales of service, transfer tangible
24 personal property within the metropolitan region, either in
25 the form of tangible personal property or in the form of real
26 estate as an incident to a sale of service. In Cook County, the
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1 tax rate shall be: (1) 1.25% of the serviceman's cost price of
2 food prepared for immediate consumption and transferred
3 incident to a sale of service subject to the service
4 occupation tax by an entity that is located in the
5 metropolitan region and that is licensed under the Hospital
6 Licensing Act, the Nursing Home Care Act, the Assisted Living
7 and Shared Housing Act, the Specialized Mental Health
8 Rehabilitation Act of 2013, the ID/DD Community Care Act, the
9 MC/DD Act, or the Child Care Act of 1969, or an entity that
10 holds a permit issued pursuant to the Life Care Facilities
11 Act; (2) 1.25% of the selling price of food for human
12 consumption that is to be consumed off the premises where it is
13 sold (other than alcoholic beverages, food consisting of or
14 infused with adult use cannabis, soft drinks, candy, and food
15 that has been prepared for immediate consumption) and tangible
16 personal property taxed at the 1% rate under the Service
17 Occupation Tax Act; and (3) 1% of the selling price from other
18 taxable sales of tangible personal property transferred. In
19 DuPage, Kane, Lake, McHenry, and Will counties, the rate shall
20 be 0.75% of the selling price of all tangible personal
21 property transferred. The rate of tax imposed in DuPage, Kane,
22 Lake, McHenry, and Will counties under this Section on sales
23 of aviation fuel on or after December 1, 2019 shall, however,
24 be 0.25% unless the Regional Transportation Authority in
25 DuPage, Kane, Lake, McHenry, and Will counties has an
26 "airport-related purpose" and the additional 0.50% of the
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1 0.75% tax on aviation fuel is expended for airport-related
2 purposes. If there is no airport-related purpose to which
3 aviation fuel tax revenue is dedicated, then aviation fuel is
4 excluded from the additional 0.5% of the 0.75% tax.
5 The Board and DuPage, Kane, Lake, McHenry, and Will
6 counties must comply with the certification requirements for
7 airport-related purposes under Section 2-22 of the Retailers'
8 Occupation Tax Act. For purposes of this Section,
9 "airport-related purposes" has the meaning ascribed in Section
10 6z-20.2 of the State Finance Act. This exclusion for aviation
11 fuel only applies for so long as the revenue use requirements
12 of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the
13 Authority.
14 The tax imposed under this paragraph and all civil
15 penalties that may be assessed as an incident thereof shall be
16 collected and enforced by the State Department of Revenue. The
17 Department shall have full power to administer and enforce
18 this paragraph; to collect all taxes and penalties due
19 hereunder; to dispose of taxes and penalties collected in the
20 manner hereinafter provided; and to determine all rights to
21 credit memoranda arising on account of the erroneous payment
22 of tax or penalty hereunder. In the administration of and
23 compliance with this paragraph, the Department and persons who
24 are subject to this paragraph shall have the same rights,
25 remedies, privileges, immunities, powers, and duties, and be
26 subject to the same conditions, restrictions, limitations,
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1 penalties, exclusions, exemptions, and definitions of terms,
2 and employ the same modes of procedure, as are prescribed in
3 Sections 1a-1, 2, 2a, 3 through 3-50 (in respect to all
4 provisions therein other than the State rate of tax), 4
5 (except that the reference to the State shall be to the
6 Authority), 5, 7, 8 (except that the jurisdiction to which the
7 tax shall be a debt to the extent indicated in that Section 8
8 shall be the Authority), 9 (except as to the disposition of
9 taxes and penalties collected, and except that the returned
10 merchandise credit for this tax may not be taken against any
11 State tax, and except that the retailer's discount is not
12 allowed for taxes paid on aviation fuel that are subject to the
13 revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C.
14 47133), 10, 11, 12 (except the reference therein to Section 2b
15 of the Retailers' Occupation Tax Act), 13 (except that any
16 reference to the State shall mean the Authority), the first
17 paragraph of Section 15, 16, 17, 18, 19, and 20 of the Service
18 Occupation Tax Act and Section 3-7 of the Uniform Penalty and
19 Interest Act, as fully as if those provisions were set forth
20 herein.
21 Persons subject to any tax imposed under the authority
22 granted in this paragraph may reimburse themselves for their
23 serviceman's tax liability hereunder by separately stating the
24 tax as an additional charge, that charge may be stated in
25 combination in a single amount with State tax that servicemen
26 are authorized to collect under the Service Use Tax Act, under
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1 any bracket schedules the Department may prescribe.
2 Whenever the Department determines that a refund should be
3 made under this paragraph to a claimant instead of issuing a
4 credit memorandum, the Department shall notify the State
5 Comptroller, who shall cause the warrant to be drawn for the
6 amount specified, and to the person named in the notification
7 from the Department. The refund shall be paid by the State
8 Treasurer out of the Regional Transportation Authority tax
9 fund established under paragraph (n) of this Section or the
10 Local Government Aviation Trust Fund, as appropriate.
11 Nothing in this paragraph shall be construed to authorize
12 the Authority to impose a tax upon the privilege of engaging in
13 any business that under the Constitution of the United States
14 may not be made the subject of taxation by the State.
15 (g) If a tax has been imposed under paragraph (e), a tax
16 shall also be imposed upon the privilege of using in the
17 metropolitan region, any item of tangible personal property
18 that is purchased outside the metropolitan region at retail
19 from a retailer, and that is titled or registered with an
20 agency of this State's government. In Cook County, the tax
21 rate shall be 1% of the selling price of the tangible personal
22 property, as "selling price" is defined in the Use Tax Act. In
23 DuPage, Kane, Lake, McHenry, and Will counties, the tax rate
24 shall be 0.75% of the selling price of the tangible personal
25 property, as "selling price" is defined in the Use Tax Act. The
26 tax shall be collected from persons whose Illinois address for
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1 titling or registration purposes is given as being in the
2 metropolitan region. The tax shall be collected by the
3 Department of Revenue for the Regional Transportation
4 Authority. The tax must be paid to the State, or an exemption
5 determination must be obtained from the Department of Revenue,
6 before the title or certificate of registration for the
7 property may be issued. The tax or proof of exemption may be
8 transmitted to the Department by way of the State agency with
9 which, or the State officer with whom, the tangible personal
10 property must be titled or registered if the Department and
11 the State agency or State officer determine that this
12 procedure will expedite the processing of applications for
13 title or registration.
14 The Department shall have full power to administer and
15 enforce this paragraph; to collect all taxes, penalties, and
16 interest due hereunder; to dispose of taxes, penalties, and
17 interest collected in the manner hereinafter provided; and to
18 determine all rights to credit memoranda or refunds arising on
19 account of the erroneous payment of tax, penalty, or interest
20 hereunder. In the administration of and compliance with this
21 paragraph, the Department and persons who are subject to this
22 paragraph shall have the same rights, remedies, privileges,
23 immunities, powers, and duties, and be subject to the same
24 conditions, restrictions, limitations, penalties, exclusions,
25 exemptions, and definitions of terms and employ the same modes
26 of procedure, as are prescribed in Sections 2 (except the
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1 definition of "retailer maintaining a place of business in
2 this State"), 3 through 3-80 (except provisions pertaining to
3 the State rate of tax, and except provisions concerning
4 collection or refunding of the tax by retailers), 4, 11, 12,
5 12a, 14, 15, 19 (except the portions pertaining to claims by
6 retailers and except the last paragraph concerning refunds),
7 20, 21, and 22 of the Use Tax Act, and are not inconsistent
8 with this paragraph, as fully as if those provisions were set
9 forth herein.
10 Whenever the Department determines that a refund should be
11 made under this paragraph to a claimant instead of issuing a
12 credit memorandum, the Department shall notify the State
13 Comptroller, who shall cause the order to be drawn for the
14 amount specified, and to the person named in the notification
15 from the Department. The refund shall be paid by the State
16 Treasurer out of the Regional Transportation Authority tax
17 fund established under paragraph (n) of this Section.
18 (g-5) If, on January 1, 2025, a unit of local government
19 has in effect a tax under subsections (e), (f), and (g), or if,
20 after January 1, 2025, a unit of local government imposes a tax
21 under subsections (e), (f), and (g), then that tax applies to
22 leases of tangible personal property in effect, entered into,
23 or renewed on or after that date in the same manner as the tax
24 under this Section and in accordance with the changes made by
25 Public Act 103-592 this amendatory Act of the 103rd General
26 Assembly.
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1 (h) The Authority may impose a replacement vehicle tax of
2 $50 on any passenger car as defined in Section 1-157 of the
3 Illinois Vehicle Code purchased within the metropolitan region
4 by or on behalf of an insurance company to replace a passenger
5 car of an insured person in settlement of a total loss claim.
6 The tax imposed may not become effective before the first day
7 of the month following the passage of the ordinance imposing
8 the tax and receipt of a certified copy of the ordinance by the
9 Department of Revenue. The Department of Revenue shall collect
10 the tax for the Authority in accordance with Sections 3-2002
11 and 3-2003 of the Illinois Vehicle Code.
12 The Department shall immediately pay over to the State
13 Treasurer, ex officio, as trustee, all taxes collected
14 hereunder.
15 As soon as possible after the first day of each month,
16 beginning January 1, 2011, upon certification of the
17 Department of Revenue, the Comptroller shall order
18 transferred, and the Treasurer shall transfer, to the STAR
19 Bonds Revenue Fund the local sales tax increment, as defined
20 in the Innovation Development and Economy Act, collected under
21 this Section during the second preceding calendar month for
22 sales within a STAR bond district.
23 After the monthly transfer to the STAR Bonds Revenue Fund,
24 on or before the 25th day of each calendar month, the
25 Department shall prepare and certify to the Comptroller the
26 disbursement of stated sums of money to the Authority. The
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1 amount to be paid to the Authority shall be the amount
2 collected hereunder during the second preceding calendar month
3 by the Department, less any amount determined by the
4 Department to be necessary for the payment of refunds, and
5 less any amounts that are transferred to the STAR Bonds
6 Revenue Fund. Within 10 days after receipt by the Comptroller
7 of the disbursement certification to the Authority provided
8 for in this Section to be given to the Comptroller by the
9 Department, the Comptroller shall cause the orders to be drawn
10 for that amount in accordance with the directions contained in
11 the certification.
12 (i) The Board may not impose any other taxes except as it
13 may from time to time be authorized by law to impose.
14 (j) A certificate of registration issued by the State
15 Department of Revenue to a retailer under the Retailers'
16 Occupation Tax Act or under the Service Occupation Tax Act
17 shall permit the registrant to engage in a business that is
18 taxed under the tax imposed under paragraphs (b), (e), (f) or
19 (g) of this Section and no additional registration shall be
20 required under the tax. A certificate issued under the Use Tax
21 Act or the Service Use Tax Act shall be applicable with regard
22 to any tax imposed under paragraph (c) of this Section.
23 (k) The provisions of any tax imposed under paragraph (c)
24 of this Section shall conform as closely as may be practicable
25 to the provisions of the Use Tax Act, including, without
26 limitation, conformity as to penalties with respect to the tax
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1 imposed and as to the powers of the State Department of Revenue
2 to promulgate and enforce rules and regulations relating to
3 the administration and enforcement of the provisions of the
4 tax imposed. The taxes shall be imposed only on use within the
5 metropolitan region and at rates as provided in the paragraph.
6 (l) The Board in imposing any tax as provided in
7 paragraphs (b) and (c) of this Section, shall, after seeking
8 the advice of the State Department of Revenue, provide means
9 for retailers, users or purchasers of motor fuel for purposes
10 other than those with regard to which the taxes may be imposed
11 as provided in those paragraphs to receive refunds of taxes
12 improperly paid, which provisions may be at variance with the
13 refund provisions as applicable under the Municipal Retailers
14 Occupation Tax Act. The State Department of Revenue may
15 provide for certificates of registration for users or
16 purchasers of motor fuel for purposes other than those with
17 regard to which taxes may be imposed as provided in paragraphs
18 (b) and (c) of this Section to facilitate the reporting and
19 nontaxability of the exempt sales or uses.
20 (m) Any ordinance imposing or discontinuing any tax under
21 this Section shall be adopted and a certified copy thereof
22 filed with the Department on or before June 1, whereupon the
23 Department of Revenue shall proceed to administer and enforce
24 this Section on behalf of the Regional Transportation
25 Authority as of September 1 next following such adoption and
26 filing. Beginning January 1, 1992, an ordinance or resolution
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1 imposing or discontinuing the tax hereunder shall be adopted
2 and a certified copy thereof filed with the Department on or
3 before the first day of July, whereupon the Department shall
4 proceed to administer and enforce this Section as of the first
5 day of October next following such adoption and filing.
6 Beginning January 1, 1993, an ordinance or resolution
7 imposing, increasing, decreasing, or discontinuing the tax
8 hereunder shall be adopted and a certified copy thereof filed
9 with the Department, whereupon the Department shall proceed to
10 administer and enforce this Section as of the first day of the
11 first month to occur not less than 60 days following such
12 adoption and filing. Any ordinance or resolution of the
13 Authority imposing a tax under this Section and in effect on
14 August 1, 2007 shall remain in full force and effect and shall
15 be administered by the Department of Revenue under the terms
16 and conditions and rates of tax established by such ordinance
17 or resolution until the Department begins administering and
18 enforcing an increased tax under this Section as authorized by
19 Public Act 95-708. The tax rates authorized by Public Act
20 95-708 are effective only if imposed by ordinance of the
21 Authority.
22 (n) Except as otherwise provided in this subsection (n),
23 the State Department of Revenue shall, upon collecting any
24 taxes as provided in this Section, pay the taxes over to the
25 State Treasurer as trustee for the Authority. The taxes shall
26 be held in a trust fund outside the State Treasury. If an
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1 airport-related purpose has been certified, taxes and
2 penalties collected in DuPage, Kane, Lake, McHenry and Will
3 counties on aviation fuel sold on or after December 1, 2019
4 from the 0.50% of the 0.75% rate shall be immediately paid over
5 by the Department to the State Treasurer, ex officio, as
6 trustee, for deposit into the Local Government Aviation Trust
7 Fund. The Department shall only pay moneys into the Local
8 Government Aviation Trust Fund under this Act for so long as
9 the revenue use requirements of 49 U.S.C. 47107(b) and 49
10 U.S.C. 47133 are binding on the Authority. On or before the
11 25th day of each calendar month, the State Department of
12 Revenue shall prepare and certify to the Comptroller of the
13 State of Illinois and to the Authority (i) the amount of taxes
14 collected in each county other than Cook County in the
15 metropolitan region, (not including, if an airport-related
16 purpose has been certified, the taxes and penalties collected
17 from the 0.50% of the 0.75% rate on aviation fuel sold on or
18 after December 1, 2019 that are deposited into the Local
19 Government Aviation Trust Fund) (ii) the amount of taxes
20 collected within the City of Chicago, and (iii) the amount
21 collected in that portion of Cook County outside of Chicago,
22 each amount less the amount necessary for the payment of
23 refunds to taxpayers located in those areas described in items
24 (i), (ii), and (iii), and less 1.5% of the remainder, which
25 shall be transferred from the trust fund into the Tax
26 Compliance and Administration Fund. The Department, at the
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1 time of each monthly disbursement to the Authority, shall
2 prepare and certify to the State Comptroller the amount to be
3 transferred into the Tax Compliance and Administration Fund
4 under this subsection. Within 10 days after receipt by the
5 Comptroller of the certification of the amounts, the
6 Comptroller shall cause an order to be drawn for the transfer
7 of the amount certified into the Tax Compliance and
8 Administration Fund and the payment of two-thirds of the
9 amounts certified in item (i) of this subsection to the
10 Authority and one-third of the amounts certified in item (i)
11 of this subsection to the respective counties other than Cook
12 County and the amount certified in items (ii) and (iii) of this
13 subsection to the Authority.
14 In addition to the disbursement required by the preceding
15 paragraph, an allocation shall be made in July 1991 and each
16 year thereafter to the Regional Transportation Authority. The
17 allocation shall be made in an amount equal to the average
18 monthly distribution during the preceding calendar year
19 (excluding the 2 months of lowest receipts) and the allocation
20 shall include the amount of average monthly distribution from
21 the Regional Transportation Authority Occupation and Use Tax
22 Replacement Fund. The distribution made in July 1992 and each
23 year thereafter under this paragraph and the preceding
24 paragraph shall be reduced by the amount allocated and
25 disbursed under this paragraph in the preceding calendar year.
26 The Department of Revenue shall prepare and certify to the
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1 Comptroller for disbursement the allocations made in
2 accordance with this paragraph.
3 (o) Failure to adopt a budget ordinance or otherwise to
4 comply with Section 4.01 of this Act or to adopt a Five-year
5 Capital Program or otherwise to comply with paragraph (b) of
6 Section 2.01 of this Act shall not affect the validity of any
7 tax imposed by the Authority otherwise in conformity with law.
8 (p) At no time shall a public transportation tax or motor
9 vehicle parking tax authorized under paragraphs (b), (c), and
10 (d) of this Section be in effect at the same time as any
11 retailers' occupation, use or service occupation tax
12 authorized under paragraphs (e), (f), and (g) of this Section
13 is in effect.
14 Any taxes imposed under the authority provided in
15 paragraphs (b), (c), and (d) shall remain in effect only until
16 the time as any tax authorized by paragraph (e), (f), or (g) of
17 this Section is are imposed and becomes effective. Once any
18 tax authorized by paragraph (e), (f), or (g) is imposed the
19 Board may not reimpose taxes as authorized in paragraphs (b),
20 (c), and (d) of the Section unless any tax authorized by
21 paragraph (e), (f), or (g) of this Section becomes ineffective
22 by means other than an ordinance of the Board.
23 (q) Any existing rights, remedies and obligations
24 (including enforcement by the Regional Transportation
25 Authority) arising under any tax imposed under paragraph (b),
26 (c), or (d) of this Section shall not be affected by the
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1 imposition of a tax under paragraph (e), (f), or (g) of this
2 Section.
3 (Source: P.A. 102-700, eff. 4-19-22; 103-592, eff. 1-1-25;
4 103-781, eff. 8-5-24; revised 11-26-24.)
5 (70 ILCS 3615/4.03.3)
6 Sec. 4.03.3. Distribution of Revenues. This Section
7 applies only after the Department begins administering and
8 enforcing an increased tax under Section 4.03(m) as authorized
9 by this amendatory Act of the 95th General Assembly. After
10 providing for payment of its obligations with respect to bonds
11 and notes issued under the provisions of Section 4.04 and
12 obligations related to those bonds and notes and separately
13 accounting for the tax on aviation fuel deposited into the
14 Local Government Aviation Trust Fund, the Authority shall
15 disburse the remaining proceeds from taxes it has received
16 from the Department of Revenue under this Article IV and the
17 remaining proceeds it has received from the State under
18 Section 4.09(a) as follows:
19 (a) With respect to taxes imposed by the Authority under
20 Section 4.03, after withholding 15% of 80% of the receipts
21 from those taxes collected in Cook County at a rate of 1.25%,
22 15% of 75% of the receipts from those taxes collected in Cook
23 County at the rate of 1%, 15% of one-half of the receipts from
24 those taxes collected in DuPage, Kane, Lake, McHenry, and Will
25 Counties, and 15% of money received by the Authority from the
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1 Regional Transportation Authority Occupation and Use Tax
2 Replacement Fund or from the Regional Transportation Authority
3 tax fund created in Section 4.03(n), the Board shall allocate
4 the proceeds and money remaining to the Service Boards as
5 follows:
6 (1) an amount equal to (i) 85% of 80% of the receipts
7 from those taxes collected within the City of Chicago at a
8 rate of 1.25%, (ii) 85% of 75% of the receipts from those
9 taxes collected in the City of Chicago at the rate of 1%,
10 and (iii) 85% of the money received by the Authority on
11 account of transfers to the Regional Transportation
12 Authority Occupation and Use Tax Replacement Fund or to
13 the Regional Transportation Authority tax fund created in
14 Section 4.03(n) from the County and Mass Transit District
15 Fund attributable to retail sales within the City of
16 Chicago shall be allocated to the Chicago Transit
17 Authority;
18 (2) an amount equal to (i) 85% of 80% of the receipts
19 from those taxes collected within Cook County outside of
20 the City of Chicago at a rate of 1.25%, (ii) 85% of 75% of
21 the receipts from those taxes collected within Cook County
22 outside the City of Chicago at a rate of 1%, and (iii) 85%
23 of the money received by the Authority on account of
24 transfers to the Regional Transportation Authority
25 Occupation and Use Tax Replacement Fund or to the Regional
26 Transportation Authority tax fund created in Section
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1 4.03(n) from the County and Mass Transit District Fund
2 attributable to retail sales within Cook County outside of
3 the City of Chicago shall be allocated 30% to the Chicago
4 Transit Authority, 55% to the Commuter Rail Board, and 15%
5 to the Suburban Bus Board; and
6 (3) an amount equal to 85% of one-half of the receipts
7 from the taxes collected within the Counties of DuPage,
8 Kane, Lake, McHenry, and Will shall be allocated 70% to
9 the Commuter Rail Board and 30% to the Suburban Bus Board.
10 (b) Moneys received by the Authority on account of
11 transfers to the Regional Transportation Authority Occupation
12 and Use Tax Replacement Fund from the State and Local Sales Tax
13 Reform Fund shall be allocated among the Authority and the
14 Service Boards as follows: 15% of such moneys shall be
15 retained by the Authority and the remaining 85% shall be
16 transferred to the Service Boards as soon as may be
17 practicable after the Authority receives payment. Moneys which
18 are distributable to the Service Boards pursuant to the
19 preceding sentence shall be allocated among the Service Boards
20 on the basis of each Service Board's distribution ratio. The
21 term "distribution ratio" means, for purposes of this
22 subsection (b), the ratio of the total amount distributed to a
23 Service Board pursuant to subsection (a) of Section 4.03.3 for
24 the immediately preceding calendar year to the total amount
25 distributed to all of the Service Boards pursuant to
26 subsection (a) of Section 4.03.3 for the immediately preceding
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1 calendar year.
2 (c)(i) 20% of the receipts from those taxes collected in
3 Cook County under Section 4.03 at the rate of 1.25%, (ii) 25%
4 of the receipts from those taxes collected in Cook County
5 under Section 4.03 at the rate of 1%, (iii) 50% of the receipts
6 from those taxes collected in DuPage, Kane, Lake, McHenry, and
7 Will Counties under Section 4.03, and (iv) amounts received
8 from the State under Section 4.09 (a)(2) and items (i), (ii),
9 and (iii) of Section 4.09 (a)(3) shall be allocated as
10 follows: the amount required to be deposited into the ADA
11 Paratransit Fund described in Section 2.01d, the amount
12 required to be deposited into the Suburban Community Mobility
13 Fund described in Section 2.01e, and the amount required to be
14 deposited into the Innovation, Coordination and Enhancement
15 Fund described in Section 2.01c, and the balance shall be
16 allocated 48% to the Chicago Transit Authority, 39% to the
17 Commuter Rail Board, and 13% to the Suburban Bus Board.
18 (d) Amounts received from the State under Section 4.09
19 (a)(3)(iv) shall be distributed 100% to the Chicago Transit
20 Authority.
21 (e) With respect to those taxes collected in DuPage, Kane,
22 Lake, McHenry, and Will Counties and paid directly to the
23 counties under Section 4.03, the County Board of each county
24 shall use those amounts to fund operating and capital costs of
25 public safety and public transportation services or facilities
26 or to fund operating, capital, right-of-way, construction, and
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1 maintenance costs of other transportation purposes, including
2 road, bridge, public safety, and transit purposes intended to
3 improve mobility or reduce congestion in the county. The
4 receipt of funding by such counties pursuant to this paragraph
5 shall not be used as the basis for reducing any funds that such
6 counties would otherwise have received from the State of
7 Illinois, any agency or instrumentality thereof, the
8 Authority, or the Service Boards.
9 (f) The Authority by ordinance adopted by 12 of its then
10 Directors, prior to February 1, 2026, and by the affirmative
11 vote of at least 14 of its then Directors, beginning February
12 1, 2026 shall apportion to the Service Boards funds provided
13 by the State of Illinois under Section 4.09(a)(1) as it shall
14 determine and shall make payment of the amounts to each
15 Service Board as soon as may be practicable upon their receipt
16 provided the Authority has adopted a balanced budget as
17 required by Section 4.01 and further provided the Service
18 Board is in compliance with the requirements in Section 4.11.
19 (g) Beginning January 1, 2009, before making any payments,
20 transfers, or expenditures under this Section to a Service
21 Board, the Authority must first comply with Section 4.02a or
22 4.02b of this Act, whichever may be applicable.
23 (h) Moneys may be appropriated from the Public
24 Transportation Fund to the Office of the Executive Inspector
25 General for the costs incurred by the Executive Inspector
26 General while serving as the inspector general for the
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1 Authority and each of the Service Boards. Beginning December
2 31, 2012, and each year thereafter, the Office of the
3 Executive Inspector General shall annually report to the
4 General Assembly the expenses incurred while serving as the
5 inspector general for the Authority and each of the Service
6 Boards.
7 (Source: P.A. 101-604, eff. 12-13-19.)
8 (70 ILCS 3615/4.04) (from Ch. 111 2/3, par. 704.04)
9 Sec. 4.04. Issuance and Pledge of Bonds and Notes.
10 (a) The Authority shall have the continuing power to
11 borrow money and to issue its negotiable bonds or notes as
12 provided in this Section. Unless otherwise indicated in this
13 Section, the term "notes" also includes bond anticipation
14 notes, which are notes which by their terms provide for their
15 payment from the proceeds of bonds thereafter to be issued.
16 Bonds or notes of the Authority may be issued for any or all of
17 the following purposes: to pay costs to the Authority or a
18 Service Board of constructing or acquiring any public
19 transportation facilities (including funds and rights relating
20 thereto, as provided in Section 2.05 of this Act); to repay
21 advances to the Authority or a Service Board made for such
22 purposes; to pay other expenses of the Authority or a Service
23 Board incident to or incurred in connection with such
24 construction or acquisition; to provide funds for any
25 transportation agency to pay principal of or interest or
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1 redemption premium on any bonds or notes, whether as such
2 amounts become due or by earlier redemption, issued prior to
3 the date of this amendatory Act by such transportation agency
4 to construct or acquire public transportation facilities or to
5 provide funds to purchase such bonds or notes; and to provide
6 funds for any transportation agency to construct or acquire
7 any public transportation facilities, to repay advances made
8 for such purposes, and to pay other expenses incident to or
9 incurred in connection with such construction or acquisition;
10 and to provide funds for payment of obligations, including the
11 funding of reserves, under any self-insurance plan or joint
12 self-insurance pool or entity.
13 In addition to any other borrowing as may be authorized by
14 this Section, the Authority may issue its notes, from time to
15 time, in anticipation of tax receipts of the Authority or of
16 other revenues or receipts of the Authority, in order to
17 provide money for the Authority or the Service Boards to cover
18 any cash flow deficit which the Authority or a Service Board
19 anticipates incurring. Any such notes are referred to in this
20 Section as "Working Cash Notes". No Working Cash Notes shall
21 be issued for a term of longer than 24 months. Proceeds of
22 Working Cash Notes may be used to pay day to day operating
23 expenses of the Authority or the Service Boards, consisting of
24 wages, salaries, and fringe benefits, professional and
25 technical services (including legal, audit, engineering, and
26 other consulting services), office rental, furniture, fixtures
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1 and equipment, insurance premiums, claims for self-insured
2 amounts under insurance policies, public utility obligations
3 for telephone, light, heat and similar items, travel expenses,
4 office supplies, postage, dues, subscriptions, public hearings
5 and information expenses, fuel purchases, and payments of
6 grants and payments under purchase of service agreements for
7 operations of transportation agencies, prior to the receipt by
8 the Authority or a Service Board from time to time of funds for
9 paying such expenses. In addition to any Working Cash Notes
10 that the Board of the Authority may determine to issue, the
11 Suburban Bus Board, the Commuter Rail Board or the Board of the
12 Chicago Transit Authority may demand and direct that the
13 Authority issue its Working Cash Notes in such amounts and
14 having such maturities as the Service Board may determine.
15 Notwithstanding any other provision of this Act, any
16 amounts necessary to pay principal of and interest on any
17 Working Cash Notes issued at the demand and direction of a
18 Service Board or any Working Cash Notes the proceeds of which
19 were used for the direct benefit of a Service Board or any
20 other Bonds or Notes of the Authority the proceeds of which
21 were used for the direct benefit of a Service Board shall
22 constitute a reduction of the amount of any other funds
23 provided by the Authority to that Service Board. The Authority
24 shall, after deducting any costs of issuance, tender the net
25 proceeds of any Working Cash Notes issued at the demand and
26 direction of a Service Board to such Service Board as soon as
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1 may be practicable after the proceeds are received. The
2 Authority may also issue notes or bonds to pay, refund or
3 redeem any of its notes and bonds, including to pay redemption
4 premiums or accrued interest on such bonds or notes being
5 renewed, paid or refunded, and other costs in connection
6 therewith. The Authority may also utilize the proceeds of any
7 such bonds or notes to pay the legal, financial,
8 administrative and other expenses of such authorization,
9 issuance, sale or delivery of bonds or notes or to provide or
10 increase a debt service reserve fund with respect to any or all
11 of its bonds or notes. The Authority may also issue and deliver
12 its bonds or notes in exchange for any public transportation
13 facilities, (including funds and rights relating thereto, as
14 provided in Section 2.05 of this Act) or in exchange for
15 outstanding bonds or notes of the Authority, including any
16 accrued interest or redemption premium thereon, without
17 advertising or submitting such notes or bonds for public
18 bidding.
19 (b) The ordinance providing for the issuance of any such
20 bonds or notes shall fix the date or dates of maturity, the
21 dates on which interest is payable, any sinking fund account
22 or reserve fund account provisions and all other details of
23 such bonds or notes and may provide for such covenants or
24 agreements necessary or desirable with regard to the issue,
25 sale and security of such bonds or notes. The rate or rates of
26 interest on its bonds or notes may be fixed or variable and the
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1 Authority shall determine or provide for the determination of
2 the rate or rates of interest of its bonds or notes issued
3 under this Act in an ordinance adopted by the Authority prior
4 to the issuance thereof, none of which rates of interest shall
5 exceed that permitted in the Bond Authorization Act. Interest
6 may be payable at such times as are provided for by the Board.
7 Bonds and notes issued under this Section may be issued as
8 serial or term obligations, shall be of such denomination or
9 denominations and form, including interest coupons to be
10 attached thereto, be executed in such manner, shall be payable
11 at such place or places and bear such date as the Authority
12 shall fix by the ordinance authorizing such bond or note and
13 shall mature at such time or times, within a period not to
14 exceed forty years from the date of issue, and may be
15 redeemable prior to maturity with or without premium, at the
16 option of the Authority, upon such terms and conditions as the
17 Authority shall fix by the ordinance authorizing the issuance
18 of such bonds or notes. No bond anticipation note or any
19 renewal thereof shall mature at any time or times exceeding 5
20 years from the date of the first issuance of such note. The
21 Authority may provide for the registration of bonds or notes
22 in the name of the owner as to the principal alone or as to
23 both principal and interest, upon such terms and conditions as
24 the Authority may determine. The ordinance authorizing bonds
25 or notes may provide for the exchange of such bonds or notes
26 which are fully registered, as to both principal and interest,
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1 with bonds or notes which are registerable as to principal
2 only. All bonds or notes issued under this Section by the
3 Authority other than those issued in exchange for property or
4 for bonds or notes of the Authority shall be sold at a price
5 which may be at a premium or discount but such that the
6 interest cost (excluding any redemption premium) to the
7 Authority of the proceeds of an issue of such bonds or notes,
8 computed to stated maturity according to standard tables of
9 bond values, shall not exceed that permitted in the Bond
10 Authorization Act. The Authority shall notify the Governor's
11 Office of Management and Budget and the State Comptroller at
12 least 30 days before any bond sale and shall file with the
13 Governor's Office of Management and Budget and the State
14 Comptroller a certified copy of any ordinance authorizing the
15 issuance of bonds at or before the issuance of the bonds. After
16 December 31, 1994, any such bonds or notes shall be sold to the
17 highest and best bidder on sealed bids as the Authority shall
18 deem. As such bonds or notes are to be sold the Authority shall
19 advertise for proposals to purchase the bonds or notes which
20 advertisement shall be published at least once in a daily
21 newspaper of general circulation published in the metropolitan
22 region at least 10 days before the time set for the submission
23 of bids. The Authority shall have the right to reject any or
24 all bids. Notwithstanding any other provisions of this
25 Section, Working Cash Notes or bonds or notes to provide funds
26 for self-insurance or a joint self-insurance pool or entity
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1 may be sold either upon competitive bidding or by negotiated
2 sale (without any requirement of publication of intention to
3 negotiate the sale of such Notes), as the Board shall
4 determine by ordinance adopted with the affirmative votes of
5 at least 9 Directors, prior to February 1, 2026, and by the
6 affirmative vote of a simple majority of Directors, beginning
7 February 1, 2026. In case any officer whose signature appears
8 on any bonds, notes or coupons authorized pursuant to this
9 Section shall cease to be such officer before delivery of such
10 bonds or notes, such signature shall nevertheless be valid and
11 sufficient for all purposes, the same as if such officer had
12 remained in office until such delivery. Neither the Directors
13 of the Authority nor any person executing any bonds or notes
14 thereof shall be liable personally on any such bonds or notes
15 or coupons by reason of the issuance thereof.
16 (c) All bonds or notes of the Authority issued pursuant to
17 this Section shall be general obligations of the Authority to
18 which shall be pledged the full faith and credit of the
19 Authority, as provided in this Section. Such bonds or notes
20 shall be secured as provided in the authorizing ordinance,
21 which may, notwithstanding any other provision of this Act,
22 include in addition to any other security, a specific pledge
23 or assignment of and lien on or security interest in any or all
24 tax receipts of the Authority and on any or all other revenues
25 or moneys of the Authority from whatever source, which may by
26 law be utilized for debt service purposes and a specific
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1 pledge or assignment of and lien on or security interest in any
2 funds or accounts established or provided for by the ordinance
3 of the Authority authorizing the issuance of such bonds or
4 notes. Any such pledge, assignment, lien, or security interest
5 for the benefit of holders of bonds or notes of the Authority
6 shall be valid and binding from the time the bonds or notes are
7 issued without any physical delivery or further act and shall
8 be valid and binding as against and prior to the claims of all
9 other parties having claims of any kind against the Authority
10 or any other person irrespective of whether such other parties
11 have notice of such pledge, assignment, lien, or security
12 interest. The obligations of the Authority incurred pursuant
13 to this Section shall be superior to and have priority over any
14 other obligations of the Authority.
15 The Authority may provide in the ordinance authorizing the
16 issuance of any bonds or notes issued pursuant to this Section
17 for the creation of, deposits in, and regulation and
18 disposition of sinking fund or reserve accounts relating to
19 such bonds or notes. The ordinance authorizing the issuance of
20 any bonds or notes pursuant to this Section may contain
21 provisions as part of the contract with the holders of the
22 bonds or notes, for the creation of a separate fund to provide
23 for the payment of principal and interest on such bonds or
24 notes and for the deposit in such fund from any or all the tax
25 receipts of the Authority and from any or all such other moneys
26 or revenues of the Authority from whatever source which may by
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1 law be utilized for debt service purposes, all as provided in
2 such ordinance, of amounts to meet the debt service
3 requirements on such bonds or notes, including principal and
4 interest, and any sinking fund or reserve fund account
5 requirements as may be provided by such ordinance, and all
6 expenses incident to or in connection with such fund and
7 accounts or the payment of such bonds or notes. Such ordinance
8 may also provide limitations on the issuance of additional
9 bonds or notes of the Authority. No such bonds or notes of the
10 Authority shall constitute a debt of the State of Illinois.
11 Nothing in this Act shall be construed to enable the Authority
12 to impose any ad valorem tax on property.
13 (d) The ordinance of the Authority authorizing the
14 issuance of any bonds or notes may provide additional security
15 for such bonds or notes by providing for appointment of a
16 corporate trustee (which may be any trust company or bank
17 having the powers of a trust company within the state) with
18 respect to such bonds or notes. The ordinance shall prescribe
19 the rights, duties, and powers of the trustee to be exercised
20 for the benefit of the Authority and the protection of the
21 holders of such bonds or notes. The ordinance may provide for
22 the trustee to hold in trust, invest, and use amounts in funds
23 and accounts created as provided by the ordinance with respect
24 to the bonds or notes. The ordinance may provide for the
25 assignment and direct payment to the trustee of any or all
26 amounts produced from the sources provided in Section 4.03 and
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1 Section 4.09 of this Act and provided in Section 6z-17 of the
2 State Finance Act. Upon receipt of notice of any such
3 assignment, the Department of Revenue and the Comptroller of
4 the State of Illinois shall thereafter, notwithstanding the
5 provisions of Section 4.03 and Section 4.09 of this Act and
6 Section 6z-17 of the State Finance Act, provide for such
7 assigned amounts to be paid directly to the trustee instead of
8 the Authority, all in accordance with the terms of the
9 ordinance making the assignment. The ordinance shall provide
10 that amounts so paid to the trustee which are not required to
11 be deposited, held or invested in funds and accounts created
12 by the ordinance with respect to bonds or notes or used for
13 paying bonds or notes to be paid by the trustee to the
14 Authority.
15 (e) Any bonds or notes of the Authority issued pursuant to
16 this Section shall constitute a contract between the Authority
17 and the holders from time to time of such bonds or notes. In
18 issuing any bond or note, the Authority may include in the
19 ordinance authorizing such issue a covenant as part of the
20 contract with the holders of the bonds or notes, that as long
21 as such obligations are outstanding, it shall make such
22 deposits, as provided in paragraph (c) of this Section. It may
23 also so covenant that it shall impose and continue to impose
24 taxes, as provided in Section 4.03 of this Act and in addition
25 thereto as subsequently authorized by law, sufficient to make
26 such deposits and pay the principal and interest and to meet
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1 other debt service requirements of such bonds or notes as they
2 become due. A certified copy of the ordinance authorizing the
3 issuance of any such obligations shall be filed at or prior to
4 the issuance of such obligations with the Comptroller of the
5 State of Illinois and the Illinois Department of Revenue.
6 (f) The State of Illinois pledges to and agrees with the
7 holders of the bonds and notes of the Authority issued
8 pursuant to this Section that the State will not limit or alter
9 the rights and powers vested in the Authority by this Act so as
10 to impair the terms of any contract made by the Authority with
11 such holders or in any way impair the rights and remedies of
12 such holders until such bonds and notes, together with
13 interest thereon, with interest on any unpaid installments of
14 interest, and all costs and expenses in connection with any
15 action or proceedings by or on behalf of such holders, are
16 fully met and discharged. In addition, the State pledges to
17 and agrees with the holders of the bonds and notes of the
18 Authority issued pursuant to this Section that the State will
19 not limit or alter the basis on which State funds are to be
20 paid to the Authority as provided in this Act, or the use of
21 such funds, so as to impair the terms of any such contract. The
22 Authority is authorized to include these pledges and
23 agreements of the State in any contract with the holders of
24 bonds or notes issued pursuant to this Section.
25 (g)(1) Except as provided in subdivisions (g)(2) and
26 (g)(3) of Section 4.04 of this Act, the Authority shall not at
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1 any time issue, sell or deliver any bonds or notes (other than
2 Working Cash Notes and lines of credit) pursuant to this
3 Section 4.04 which will cause it to have issued and
4 outstanding at any time in excess of $800,000,000 of such
5 bonds and notes (other than Working Cash Notes and lines of
6 credit). The Authority shall not issue, sell, or deliver any
7 Working Cash Notes or establish a line of credit pursuant to
8 this Section that will cause it to have issued and outstanding
9 at any time in excess of $100,000,000. However, the Authority
10 may issue, sell, and deliver additional Working Cash Notes or
11 establish a line of credit before July 1, 2022 that are over
12 and above and in addition to the $100,000,000 authorization
13 such that the outstanding amount of these additional Working
14 Cash Notes and lines of credit does not exceed at any time
15 $300,000,000. Bonds or notes which are being paid or retired
16 by such issuance, sale or delivery of bonds or notes, and bonds
17 or notes for which sufficient funds have been deposited with
18 the paying agency of such bonds or notes to provide for payment
19 of principal and interest thereon or to provide for the
20 redemption thereof, all pursuant to the ordinance authorizing
21 the issuance of such bonds or notes, shall not be considered to
22 be outstanding for the purposes of this subsection.
23 (2) In addition to the authority provided by paragraphs
24 (1) and (3), the Authority is authorized to issue, sell, and
25 deliver bonds or notes for Strategic Capital Improvement
26 Projects approved pursuant to Section 4.13 as follows:
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1 $100,000,000 is authorized to be issued on or after
2 January 1, 1990;
3 an additional $100,000,000 is authorized to be issued
4 on or after January 1, 1991;
5 an additional $100,000,000 is authorized to be issued
6 on or after January 1, 1992;
7 an additional $100,000,000 is authorized to be issued
8 on or after January 1, 1993;
9 an additional $100,000,000 is authorized to be issued
10 on or after January 1, 1994; and
11 the aggregate total authorization of bonds and notes
12 for Strategic Capital Improvement Projects as of January
13 1, 1994, shall be $500,000,000.
14 The Authority is also authorized to issue, sell, and
15 deliver bonds or notes in such amounts as are necessary to
16 provide for the refunding or advance refunding of bonds or
17 notes issued for Strategic Capital Improvement Projects under
18 this subdivision (g)(2), provided that no such refunding bond
19 or note shall mature later than the final maturity date of the
20 series of bonds or notes being refunded, and provided further
21 that the debt service requirements for such refunding bonds or
22 notes in the current or any future fiscal year shall not exceed
23 the debt service requirements for that year on the refunded
24 bonds or notes.
25 (3) In addition to the authority provided by paragraphs
26 (1) and (2), the Authority is authorized to issue, sell, and
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1 deliver bonds or notes for Strategic Capital Improvement
2 Projects approved pursuant to Section 4.13 as follows:
3 $260,000,000 is authorized to be issued on or after
4 January 1, 2000;
5 an additional $260,000,000 is authorized to be issued
6 on or after January 1, 2001;
7 an additional $260,000,000 is authorized to be issued
8 on or after January 1, 2002;
9 an additional $260,000,000 is authorized to be issued
10 on or after January 1, 2003;
11 an additional $260,000,000 is authorized to be issued
12 on or after January 1, 2004; and
13 the aggregate total authorization of bonds and notes
14 for Strategic Capital Improvement Projects pursuant to
15 this paragraph (3) as of January 1, 2004 shall be
16 $1,300,000,000.
17 The Authority is also authorized to issue, sell, and
18 deliver bonds or notes in such amounts as are necessary to
19 provide for the refunding or advance refunding of bonds or
20 notes issued for Strategic Capital Improvement projects under
21 this subdivision (g)(3), provided that no such refunding bond
22 or note shall mature later than the final maturity date of the
23 series of bonds or notes being refunded, and provided further
24 that the debt service requirements for such refunding bonds or
25 notes in the current or any future fiscal year shall not exceed
26 the debt service requirements for that year on the refunded
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1 bonds or notes.
2 (h) The Authority, subject to the terms of any agreements
3 with noteholders or bond holders as may then exist, shall have
4 power, out of any funds available therefor, to purchase notes
5 or bonds of the Authority, which shall thereupon be cancelled.
6 (i) In addition to any other authority granted by law, the
7 State Treasurer may, with the approval of the Governor, invest
8 or reinvest, at a price not to exceed par, any State money in
9 the State Treasury which is not needed for current
10 expenditures due or about to become due in Working Cash Notes.
11 In the event of a default on a Working Cash Note issued by the
12 Regional Transportation Authority in which State money in the
13 State treasury was invested, the Treasurer may, after giving
14 notice to the Authority, certify to the Comptroller the
15 amounts of the defaulted Working Cash Note, in accordance with
16 any applicable rules of the Comptroller, and the Comptroller
17 must deduct and remit to the State treasury the certified
18 amounts or a portion of those amounts from the following
19 proportions of payments of State funds to the Authority:
20 (1) in the first year after default, one-third of the
21 total amount of any payments of State funds to the
22 Authority;
23 (2) in the second year after default, two-thirds of
24 the total amount of any payments of State funds to the
25 Authority; and
26 (3) in the third year after default and for each year
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1 thereafter until the total invested amount is repaid, the
2 total amount of any payments of State funds to the
3 Authority.
4 (j) The Authority may establish a line of credit with a
5 bank or other financial institution as may be evidenced by the
6 issuance of notes or other obligations, secured by and payable
7 from all tax receipts of the Authority and any or all other
8 revenues or moneys of the Authority, in an amount not to exceed
9 the limitations set forth in paragraph (1) of subsection (g).
10 Money borrowed under this subsection (j) shall be used to
11 provide money for the Authority or the Service Boards to cover
12 any cash flow deficit that the Authority or a Service Board
13 anticipates incurring and shall be repaid within 24 months.
14 Before establishing a line of credit under this subsection
15 (j), the Authority shall authorize the line of credit by
16 ordinance. The ordinance shall set forth facts demonstrating
17 the need for the line of credit, state the amount to be
18 borrowed, establish a maximum interest rate limit not to
19 exceed the maximum rate authorized by the Bond Authorization
20 Act, and provide a date by which the borrowed funds shall be
21 repaid. The ordinance shall authorize and direct the relevant
22 officials to make arrangements to set apart and hold, as
23 applicable, the moneys that will be used to repay the
24 borrowing. In addition, the ordinance may authorize the
25 relevant officials to make partial repayments on the line of
26 credit as the moneys become available and may contain any
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1 other terms, restrictions, or limitations desirable or
2 necessary to give effect to this subsection (j).
3 The Authority shall notify the Governor's Office of
4 Management and Budget and the State Comptroller at least 30
5 days before establishing a line of credit and shall file with
6 the Governor's Office of Management and Budget and the State
7 Comptroller a certified copy of any ordinance authorizing the
8 establishment of a line of credit upon or before establishing
9 the line of credit.
10 Moneys borrowed under a line of credit pursuant to this
11 subsection (j) are general obligations of the Authority that
12 are secured by the full faith and credit of the Authority.
13 (Source: P.A. 101-485, eff. 8-23-19; 102-558, eff. 8-20-21.)
14 (70 ILCS 3615/4.09) (from Ch. 111 2/3, par. 704.09)
15 Sec. 4.09. Public Transportation Fund and the Regional
16 Transportation Authority Occupation and Use Tax Replacement
17 Fund.
18 (a)(1) Except as otherwise provided in paragraph (4), as
19 soon as possible after the first day of each month, beginning
20 July 1, 1984, upon certification of the Department of Revenue,
21 the Comptroller shall order transferred and the Treasurer
22 shall transfer from the General Revenue Fund to a special fund
23 in the State Treasury to be known as the Public Transportation
24 Fund an amount equal to 25% of the net revenue, before the
25 deduction of the serviceman and retailer discounts pursuant to
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1 Section 9 of the Service Occupation Tax Act and Section 3 of
2 the Retailers' Occupation Tax Act, realized from any tax
3 imposed by the Authority pursuant to Sections 4.03 and 4.03.1
4 and 25% of the amounts deposited into the Regional
5 Transportation Authority tax fund created by Section 4.03 of
6 this Act, from the County and Mass Transit District Fund as
7 provided in Section 6z-20 of the State Finance Act and 25% of
8 the amounts deposited into the Regional Transportation
9 Authority Occupation and Use Tax Replacement Fund from the
10 State and Local Sales Tax Reform Fund as provided in Section
11 6z-17 of the State Finance Act. On the first day of the month
12 following the date that the Department receives revenues from
13 increased taxes under Section 4.03(m) as authorized by Public
14 Act 95-708, in lieu of the transfers authorized in the
15 preceding sentence, upon certification of the Department of
16 Revenue, the Comptroller shall order transferred and the
17 Treasurer shall transfer from the General Revenue Fund to the
18 Public Transportation Fund an amount equal to 25% of the net
19 revenue, before the deduction of the serviceman and retailer
20 discounts pursuant to Section 9 of the Service Occupation Tax
21 Act and Section 3 of the Retailers' Occupation Tax Act,
22 realized from (i) 80% of the proceeds of any tax imposed by the
23 Authority at a rate of 1.25% in Cook County, (ii) 75% of the
24 proceeds of any tax imposed by the Authority at the rate of 1%
25 in Cook County, and (iii) one-third of the proceeds of any tax
26 imposed by the Authority at the rate of 0.75% in the Counties
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1 of DuPage, Kane, Lake, McHenry, and Will, all pursuant to
2 Section 4.03, and 25% of the net revenue realized from any tax
3 imposed by the Authority pursuant to Section 4.03.1, and 25%
4 of the amounts deposited into the Regional Transportation
5 Authority tax fund created by Section 4.03 of this Act from the
6 County and Mass Transit District Fund as provided in Section
7 6z-20 of the State Finance Act, and 25% of the amounts
8 deposited into the Regional Transportation Authority
9 Occupation and Use Tax Replacement Fund from the State and
10 Local Sales Tax Reform Fund as provided in Section 6z-17 of the
11 State Finance Act. As used in this Section, net revenue
12 realized for a month shall be the revenue collected by the
13 State pursuant to Sections 4.03 and 4.03.1 during the previous
14 month from within the metropolitan region, less the amount
15 paid out during that same month as refunds to taxpayers for
16 overpayment of liability in the metropolitan region under
17 Sections 4.03 and 4.03.1.
18 Notwithstanding any provision of law to the contrary,
19 beginning on July 6, 2017 (the effective date of Public Act
20 100-23), those amounts required under this paragraph (1) of
21 subsection (a) to be transferred by the Treasurer into the
22 Public Transportation Fund from the General Revenue Fund shall
23 be directly deposited into the Public Transportation Fund as
24 the revenues are realized from the taxes indicated.
25 (2) Except as otherwise provided in paragraph (4), on
26 February 1, 2009 (the first day of the month following the
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1 effective date of Public Act 95-708) and each month
2 thereafter, upon certification by the Department of Revenue,
3 the Comptroller shall order transferred and the Treasurer
4 shall transfer from the General Revenue Fund to the Public
5 Transportation Fund an amount equal to 5% of the net revenue,
6 before the deduction of the serviceman and retailer discounts
7 pursuant to Section 9 of the Service Occupation Tax Act and
8 Section 3 of the Retailers' Occupation Tax Act, realized from
9 any tax imposed by the Authority pursuant to Sections 4.03 and
10 4.03.1 and certified by the Department of Revenue under
11 Section 4.03(n) of this Act to be paid to the Authority and 5%
12 of the amounts deposited into the Regional Transportation
13 Authority tax fund created by Section 4.03 of this Act from the
14 County and Mass Transit District Fund as provided in Section
15 6z-20 of the State Finance Act, and 5% of the amounts deposited
16 into the Regional Transportation Authority Occupation and Use
17 Tax Replacement Fund from the State and Local Sales Tax Reform
18 Fund as provided in Section 6z-17 of the State Finance Act, and
19 5% of the revenue realized by the Chicago Transit Authority as
20 financial assistance from the City of Chicago from the
21 proceeds of any tax imposed by the City of Chicago under
22 Section 8-3-19 of the Illinois Municipal Code.
23 Notwithstanding any provision of law to the contrary,
24 beginning on July 6, 2017 (the effective date of Public Act
25 100-23), those amounts required under this paragraph (2) of
26 subsection (a) to be transferred by the Treasurer into the
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1 Public Transportation Fund from the General Revenue Fund shall
2 be directly deposited into the Public Transportation Fund as
3 the revenues are realized from the taxes indicated.
4 (3) Except as otherwise provided in paragraph (4), as soon
5 as possible after the first day of January, 2009 and each month
6 thereafter, upon certification of the Department of Revenue
7 with respect to the taxes collected under Section 4.03, the
8 Comptroller shall order transferred and the Treasurer shall
9 transfer from the General Revenue Fund to the Public
10 Transportation Fund an amount equal to 25% of the net revenue,
11 before the deduction of the serviceman and retailer discounts
12 pursuant to Section 9 of the Service Occupation Tax Act and
13 Section 3 of the Retailers' Occupation Tax Act, realized from
14 (i) 20% of the proceeds of any tax imposed by the Authority at
15 a rate of 1.25% in Cook County, (ii) 25% of the proceeds of any
16 tax imposed by the Authority at the rate of 1% in Cook County,
17 and (iii) one-third of the proceeds of any tax imposed by the
18 Authority at the rate of 0.75% in the Counties of DuPage, Kane,
19 Lake, McHenry, and Will, all pursuant to Section 4.03, and the
20 Comptroller shall order transferred and the Treasurer shall
21 transfer from the General Revenue Fund to the Public
22 Transportation Fund (iv) an amount equal to 25% of the revenue
23 realized by the Chicago Transit Authority as financial
24 assistance from the City of Chicago from the proceeds of any
25 tax imposed by the City of Chicago under Section 8-3-19 of the
26 Illinois Municipal Code.
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1 Notwithstanding any provision of law to the contrary,
2 beginning on July 6, 2017 (the effective date of Public Act
3 100-23), those amounts required under this paragraph (3) of
4 subsection (a) to be transferred by the Treasurer into the
5 Public Transportation Fund from the General Revenue Fund shall
6 be directly deposited into the Public Transportation Fund as
7 the revenues are realized from the taxes indicated.
8 (4) Notwithstanding any provision of law to the contrary,
9 for the State fiscal year beginning July 1, 2024 and each State
10 fiscal year thereafter, the first $150,000,000 that would have
11 otherwise been transferred from the General Revenue Fund and
12 deposited into the Public Transportation Fund as provided in
13 paragraphs (1), (2), and (3) of this subsection (a) shall
14 instead be transferred from the Road Fund by the Treasurer
15 upon certification by the Department of Revenue and order of
16 the Comptroller. For the State fiscal year beginning July 1,
17 2024, only, the next $75,000,000 that would have otherwise
18 been transferred from the General Revenue Fund and deposited
19 into the Public Transportation Fund as provided in paragraphs
20 (1), (2), and (3) of this subsection (a) shall instead be
21 transferred from the Road Fund and deposited into the Public
22 Transportation Fund by the Treasurer upon certification by the
23 Department of Revenue and order of the Comptroller. The funds
24 authorized and transferred pursuant to this amendatory Act of
25 the 103rd General Assembly are not intended or planned for
26 road construction projects. For the State fiscal year
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1 beginning July 1, 2024, only, the next $50,000,000 that would
2 have otherwise been transferred from the General Revenue Fund
3 and deposited into the Public Transportation Fund as provided
4 in paragraphs (1), (2), and (3) of this subsection (a) shall
5 instead be transferred from the Underground Storage Tank Fund
6 and deposited into the Public Transportation Fund by the
7 Treasurer upon certification by the Department of Revenue and
8 order of the Comptroller. The remaining balance shall be
9 deposited each State fiscal year as otherwise provided in
10 paragraphs (1), (2), and (3) of this subsection (a).
11 (5) (Blank).
12 (6) (Blank).
13 (7) For State fiscal year 2020 only, notwithstanding any
14 provision of law to the contrary, the total amount of revenue
15 and deposits under this Section attributable to revenues
16 realized during State fiscal year 2020 shall be reduced by 5%.
17 (8) For State fiscal year 2021 only, notwithstanding any
18 provision of law to the contrary, the total amount of revenue
19 and deposits under this Section attributable to revenues
20 realized during State fiscal year 2021 shall be reduced by 5%.
21 (b)(1) All moneys deposited in the Public Transportation
22 Fund and the Regional Transportation Authority Occupation and
23 Use Tax Replacement Fund, whether deposited pursuant to this
24 Section or otherwise, are allocated to the Authority, except
25 for amounts appropriated to the Office of the Executive
26 Inspector General as authorized by subsection (h) of Section
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1 4.03.3 and amounts transferred to the Audit Expense Fund
2 pursuant to Section 6z-27 of the State Finance Act. The
3 Comptroller, as soon as possible after each monthly transfer
4 provided in this Section and after each deposit into the
5 Public Transportation Fund, shall order the Treasurer to pay
6 to the Authority out of the Public Transportation Fund the
7 amount so transferred or deposited. Any Additional State
8 Assistance and Additional Financial Assistance paid to the
9 Authority under this Section shall be expended by the
10 Authority for its purposes as provided in this Act. The
11 balance of the amounts paid to the Authority from the Public
12 Transportation Fund shall be expended by the Authority as
13 provided in Section 4.03.3. The Comptroller, as soon as
14 possible after each deposit into the Regional Transportation
15 Authority Occupation and Use Tax Replacement Fund provided in
16 this Section and Section 6z-17 of the State Finance Act, shall
17 order the Treasurer to pay to the Authority out of the Regional
18 Transportation Authority Occupation and Use Tax Replacement
19 Fund the amount so deposited. Such amounts paid to the
20 Authority may be expended by it for its purposes as provided in
21 this Act. The provisions directing the distributions from the
22 Public Transportation Fund and the Regional Transportation
23 Authority Occupation and Use Tax Replacement Fund provided for
24 in this Section shall constitute an irrevocable and continuing
25 appropriation of all amounts as provided herein. The State
26 Treasurer and State Comptroller are hereby authorized and
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1 directed to make distributions as provided in this Section.
2 (2) Provided, however, no moneys deposited under subsection
3 (a) of this Section shall be paid from the Public
4 Transportation Fund to the Authority or its assignee for any
5 fiscal year until the Authority has certified to the Governor,
6 the Comptroller, and the Mayor of the City of Chicago that it
7 has adopted for that fiscal year an Annual Budget and Two-Year
8 Financial Plan meeting the requirements in Section 4.01(b).
9 (c) In recognition of the efforts of the Authority to
10 enhance the mass transportation facilities under its control,
11 the State shall provide financial assistance ("Additional
12 State Assistance") in excess of the amounts transferred to the
13 Authority from the General Revenue Fund under subsection (a)
14 of this Section. Additional State Assistance shall be
15 calculated as provided in subsection (d), but shall in no
16 event exceed the following specified amounts with respect to
17 the following State fiscal years:
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
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
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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
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1 each year thereafter$55,000,000. 1 each year thereafter $55,000,000.
1 each year thereafter $55,000,000.
2 (c-5) The State shall provide financial assistance
3 ("Additional Financial Assistance") in addition to the
4 Additional State Assistance provided by subsection (c) and the
5 amounts transferred to the Authority from the General Revenue
6 Fund under subsection (a) of this Section. Additional
7 Financial Assistance provided by this subsection shall be
8 calculated as provided in subsection (d), but shall in no
9 event exceed the following specified amounts with respect to
10 the following State fiscal years:
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.
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.
18 (d) Beginning with State fiscal year 1990 and continuing
19 for each State fiscal year thereafter, the Authority shall
20 annually certify to the State Comptroller and State Treasurer,
21 separately with respect to each of subdivisions (g)(2) and
22 (g)(3) of Section 4.04 of this Act, the following amounts:
23 (1) The amount necessary and required, during the
24 State fiscal year with respect to which the certification
25 is made, to pay its obligations for debt service on all
26 outstanding bonds or notes issued by the Authority under
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1 each year thereafter $55,000,000.
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.
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1 subdivisions (g)(2) and (g)(3) of Section 4.04 of this
2 Act.
3 (2) An estimate of the amount necessary and required
4 to pay its obligations for debt service for any bonds or
5 notes which the Authority anticipates it will issue under
6 subdivisions (g)(2) and (g)(3) of Section 4.04 during that
7 State fiscal year.
8 (3) Its debt service savings during the preceding
9 State fiscal year from refunding or advance refunding of
10 bonds or notes issued under subdivisions (g)(2) and (g)(3)
11 of Section 4.04.
12 (4) The amount of interest, if any, earned by the
13 Authority during the previous State fiscal year on the
14 proceeds of bonds or notes issued pursuant to subdivisions
15 (g)(2) and (g)(3) of Section 4.04, other than refunding or
16 advance refunding bonds or notes.
17 The certification shall include a specific schedule of
18 debt service payments, including the date and amount of each
19 payment for all outstanding bonds or notes and an estimated
20 schedule of anticipated debt service for all bonds and notes
21 it intends to issue, if any, during that State fiscal year,
22 including the estimated date and estimated amount of each
23 payment.
24 Immediately upon the issuance of bonds for which an
25 estimated schedule of debt service payments was prepared, the
26 Authority shall file an amended certification with respect to
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1 item (2) above, to specify the actual schedule of debt service
2 payments, including the date and amount of each payment, for
3 the remainder of the State fiscal year.
4 On the first day of each month of the State fiscal year in
5 which there are bonds outstanding with respect to which the
6 certification is made, the State Comptroller shall order
7 transferred and the State Treasurer shall transfer from the
8 Road Fund to the Public Transportation Fund the Additional
9 State Assistance and Additional Financial Assistance in an
10 amount equal to the aggregate of (i) one-twelfth of the sum of
11 the amounts certified under items (1) and (3) above less the
12 amount certified under item (4) above, plus (ii) the amount
13 required to pay debt service on bonds and notes issued during
14 the fiscal year, if any, divided by the number of months
15 remaining in the fiscal year after the date of issuance, or
16 some smaller portion as may be necessary under subsection (c)
17 or (c-5) of this Section for the relevant State fiscal year,
18 plus (iii) any cumulative deficiencies in transfers for prior
19 months, until an amount equal to the sum of the amounts
20 certified under items (1) and (3) above, plus the actual debt
21 service certified under item (2) above, less the amount
22 certified under item (4) above, has been transferred; except
23 that these transfers are subject to the following limits:
24 (A) In no event shall the total transfers in any State
25 fiscal year relating to outstanding bonds and notes issued
26 by the Authority under subdivision (g)(2) of Section 4.04
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1 exceed the lesser of the annual maximum amount specified
2 in subsection (c) or the sum of the amounts certified
3 under items (1) and (3) above, plus the actual debt
4 service certified under item (2) above, less the amount
5 certified under item (4) above, with respect to those
6 bonds and notes.
7 (B) In no event shall the total transfers in any State
8 fiscal year relating to outstanding bonds and notes issued
9 by the Authority under subdivision (g)(3) of Section 4.04
10 exceed the lesser of the annual maximum amount specified
11 in subsection (c-5) or the sum of the amounts certified
12 under items (1) and (3) above, plus the actual debt
13 service certified under item (2) above, less the amount
14 certified under item (4) above, with respect to those
15 bonds and notes.
16 The term "outstanding" does not include bonds or notes for
17 which refunding or advance refunding bonds or notes have been
18 issued.
19 (e) Neither Additional State Assistance nor Additional
20 Financial Assistance may be pledged, either directly or
21 indirectly as general revenues of the Authority, as security
22 for any bonds issued by the Authority. The Authority may not
23 assign its right to receive Additional State Assistance or
24 Additional Financial Assistance, or direct payment of
25 Additional State Assistance or Additional Financial
26 Assistance, to a trustee or any other entity for the payment of
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1 debt service on its bonds.
2 (f) The certification required under subsection (d) with
3 respect to outstanding bonds and notes of the Authority shall
4 be filed as early as practicable before the beginning of the
5 State fiscal year to which it relates. The certification shall
6 be revised as may be necessary to accurately state the debt
7 service requirements of the Authority.
8 (g) Within 6 months of the end of each fiscal year, the
9 Authority shall determine:
10 (i) whether the aggregate of all system generated
11 revenues for public transportation in the metropolitan
12 region which is provided by, or under grant or purchase of
13 service contracts with, the Service Boards equals 50% of
14 the aggregate of all costs of providing such public
15 transportation. For fiscal years 2026 and 2027, the
16 Authority shall determine if all system generated revenues
17 for public transportation in the metropolitan region which
18 is provided by, or under grant or purchase of service
19 contracts with, the Service Boards equals 25% of the
20 aggregate of all costs of providing such public
21 transportation. For fiscal years 2028 and 2029 and every
22 year thereafter, the Authority shall determine if all
23 system generated revenues for public transportation in the
24 metropolitan region that is provided by, or under grant or
25 purchase of service contracts with, the Service Boards
26 equals 15% of the aggregate of all costs of providing such
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1 public transportation. Prior to the beginning of fiscal
2 year 2030, the General Assembly shall reevaluate and
3 determine the appropriate system generated revenues
4 recovery ratio for future years. "System generated
5 revenues" include all the proceeds of fares and charges
6 for services provided, contributions received in
7 connection with public transportation from units of local
8 government other than the Authority, except for
9 contributions received by the Chicago Transit Authority
10 from a real estate transfer tax imposed under subsection
11 (i) of Section 8-3-19 of the Illinois Municipal Code, and
12 from the State pursuant to subsection (i) of Section
13 2705-305 of the Department of Transportation Law, and all
14 other revenues properly included consistent with generally
15 accepted accounting principles but may not include: the
16 proceeds from any borrowing, and, beginning with the 2007
17 fiscal year, all revenues and receipts, including but not
18 limited to fares and grants received from the federal,
19 State or any unit of local government or other entity,
20 derived from providing ADA paratransit service pursuant to
21 Section 2.30 of the Regional Transportation Authority Act.
22 "Costs" include all items properly included as operating
23 costs consistent with generally accepted accounting
24 principles, including administrative costs, but do not
25 include: depreciation; payment of principal and interest
26 on bonds, notes or other evidences of obligations for
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1 borrowed money of the Authority; payments with respect to
2 public transportation facilities made pursuant to
3 subsection (b) of Section 2.20; any payments with respect
4 to rate protection contracts, credit enhancements or
5 liquidity agreements made under Section 4.14; any other
6 cost as to which it is reasonably expected that a cash
7 expenditure will not be made; costs for passenger security
8 including grants, contracts, personnel, equipment and
9 administrative expenses, except in the case of the Chicago
10 Transit Authority, in which case the term does not include
11 costs spent annually by that entity for protection against
12 crime as required by Section 27a of the Metropolitan
13 Transit Authority Act; the costs of Debt Service paid by
14 the Chicago Transit Authority, as defined in Section 12c
15 of the Metropolitan Transit Authority Act, or bonds or
16 notes issued pursuant to that Section; the payment by the
17 Commuter Rail Division of debt service on bonds issued
18 pursuant to Section 3B.09; expenses incurred by the
19 Suburban Bus Division for the cost of new public
20 transportation services funded from grants pursuant to
21 Section 2.01e of this Act for a period of 2 years from the
22 date of initiation of each such service; costs as exempted
23 by the Board for projects pursuant to Section 2.09 of this
24 Act; or, beginning with the 2007 fiscal year, expenses
25 related to providing ADA paratransit service pursuant to
26 Section 2.30 of the Regional Transportation Authority Act;
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1 or in fiscal years 2008 through 2012 inclusive, costs in
2 the amount of $200,000,000 in fiscal year 2008, reducing
3 by $40,000,000 in each fiscal year thereafter until this
4 exemption is eliminated; and expenses incurred by any and
5 all Service Boards for the cost of new public
6 transportation services for a period of 2 years from the
7 date of initiation of each such service. If said system
8 generated revenues are less than 50% of said costs, the
9 Board shall remit an amount equal to the amount of the
10 deficit to the State; however, due to the fiscal impacts
11 from the COVID-19 pandemic, for fiscal years 2021, 2022,
12 2023, 2024, and 2025, no such payment shall be required.
13 The Treasurer shall deposit any such payment in the Road
14 Fund; and
15 (ii) whether, beginning with the 2007 fiscal year, the
16 aggregate of all fares charged and received for ADA
17 paratransit services equals the system generated ADA
18 paratransit services revenue recovery ratio percentage of
19 the aggregate of all costs of providing such ADA
20 paratransit services, as required under subsection (b) of
21 Section.
22 (h) If the Authority makes any payment to the State under
23 paragraph (g), the Authority shall reduce the amount provided
24 to a Service Board from funds transferred under paragraph (a)
25 in proportion to the amount by which that Service Board failed
26 to meet its required system generated revenues recovery ratio.
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1 A Service Board which is affected by a reduction in funds under
2 this paragraph shall submit to the Authority concurrently with
3 its next due quarterly report a revised budget incorporating
4 the reduction in funds. The revised budget must meet the
5 criteria specified in clauses (i) through (vi) of Section
6 4.11(b)(2). The Board shall review and act on the revised
7 budget as provided in Section 4.11(b)(3).
8 (Source: P.A. 102-678, eff. 12-10-21; 103-281, eff. 1-1-24;
9 103-588, eff. 6-5-24.)
10 (70 ILCS 3615/4.11) (from Ch. 111 2/3, par. 704.11)
11 Sec. 4.11. Budget Review Powers.
12 (a) Based upon estimates which shall be given to the
13 Authority by the Director of the Governor's Office of
14 Management and Budget (formerly Bureau of the Budget) of the
15 receipts to be received by the Authority from the taxes
16 imposed by the Authority and the authorized estimates of
17 amounts to be available from State and other sources to the
18 Service Boards, and the times at which such receipts and
19 amounts will be available, the Board shall, not later than the
20 next preceding September 15th prior to the beginning of the
21 Authority's next fiscal year, advise each Service Board of the
22 amounts estimated by the Board to be available for such
23 Service Board during such fiscal year and the two following
24 fiscal years and the times at which such amounts will be
25 available. The Board shall, at the same time, also advise each
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1 Service Board of its required system generated revenues
2 recovery ratio for the next fiscal year which shall be the
3 percentage of the aggregate costs of providing public
4 transportation by or under jurisdiction of that Service Board
5 which must be recovered from system generated revenues. The
6 Board shall, at the same time, consider the written
7 determination of the Executive Director, made pursuant to
8 Section 2.01d, of the costs of ADA paratransit services that
9 are required to be provided under the federal Americans with
10 Disabilities Act of 1990 and its implementing regulations, and
11 shall amend the current year budgets of the Authority and the
12 Service Boards to provide for additional funding for the
13 provision of ADA paratransit services, if needed. The Board
14 shall, at the same time, beginning with the 2007 fiscal year,
15 also advise each Service Board that provides ADA paratransit
16 services of its required system generated ADA paratransit
17 services revenue recovery ratio for the next fiscal year which
18 shall be the percentage of the aggregate costs of providing
19 ADA paratransit services by or under jurisdiction of that
20 Service Board which must be recovered from fares charged for
21 such services, except that such required system generated ADA
22 paratransit services revenue recovery ratio shall not exceed
23 the minimum percentage established pursuant to Section
24 4.01(b)(ii) of this Act. In determining a Service Board's
25 system generated revenue recovery ratio, the Board shall
26 consider the historical system generated revenues recovery
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1 ratio for the services subject to the jurisdiction of that
2 Service Board. The Board shall not increase a Service Board's
3 system generated revenues recovery ratio for the next fiscal
4 year over such ratio for the current fiscal year
5 disproportionately or prejudicially to increases in such
6 ratios for other Service Boards. The Board may, by ordinance,
7 provide that (i) the cost of research and development projects
8 in the fiscal year beginning January 1, 1986 and ending
9 December 31, 1986 conducted pursuant to Section 2.09 of this
10 Act, (ii) the costs for passenger security, and (iii)
11 expenditures of amounts granted to a Service Board from the
12 Innovation, Coordination, and Enhancement Fund for operating
13 purposes may be exempted from the farebox recovery ratio or
14 the system generated revenues recovery ratio of the Chicago
15 Transit Authority, the Suburban Bus Board, and the Commuter
16 Rail Board, or any of them. During fiscal years 2008 through
17 2012, the Board may also allocate the exemption of
18 $200,000,000 and the reducing amounts of costs provided by
19 this amendatory Act of the 95th General Assembly from the
20 farebox recovery ratio or system generated revenues recovery
21 ratio of each Service Board.
22 (b)(1) Not later than the next preceding November 15 prior
23 to the commencement of such fiscal year, each Service Board
24 shall submit to the Authority its proposed budget for such
25 fiscal year and its proposed financial plan for the two
26 following fiscal years. Such budget and financial plan shall
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1 (i) be prepared in the format, follow the financial and
2 budgetary practices, and be based on any assumptions and
3 projections required by the Authority and (ii) not project or
4 assume a receipt of revenues from the Authority in amounts
5 greater than those set forth in the estimates provided by the
6 Authority pursuant to subsection (a) of this Section.
7 (2) The Board shall review the proposed budget and
8 two-year financial plan submitted by each Service Board. The
9 Board shall approve the budget and two-year financial plan of
10 a Service Board if:
11 (i) such budget and plan show a balance between (A)
12 anticipated revenues from all sources including operating
13 subsidies and (B) the costs of providing the services
14 specified and of funding any operating deficits or
15 encumbrances incurred in prior periods, including
16 provision for payment when due of principal and interest
17 on outstanding indebtedness;
18 (ii) such budget and plan show cash balances including
19 the proceeds of any anticipated cash flow borrowing
20 sufficient to pay with reasonable promptness all costs and
21 expenses as incurred;
22 (iii) such budget and plan provide for a level of
23 fares or charges and operating or administrative costs for
24 the public transportation provided by or subject to the
25 jurisdiction of such Service Board sufficient to allow the
26 Service Board to meet its required system generated
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1 revenue recovery ratio and, beginning with the 2007 fiscal
2 year, system generated ADA paratransit services revenue
3 recovery ratio;
4 (iv) such budget and plan are based upon and employ
5 assumptions and projections which are reasonable and
6 prudent;
7 (v) such budget and plan have been prepared in
8 accordance with sound financial practices as determined by
9 the Board;
10 (vi) such budget and plan meet such other financial,
11 budgetary, or fiscal requirements that the Board may by
12 rule or regulation establish; and
13 (vii) such budget and plan are consistent with the
14 goals and objectives adopted by the Authority in the
15 Strategic Plan.
16 (3) (Blank).
17 (4) Unless the Board by an affirmative vote of 12 of the
18 then Directors, prior to February 1, 2026, and by the
19 affirmative vote of at least 14 of it then Directors,
20 beginning February 1, 2026, determines that the budget and
21 financial plan of a Service Board meets the criteria specified
22 in clauses (i) through (vii) of subparagraph (2) of this
23 paragraph (b), the Board shall withhold from that Service
24 Board 25% of the cash proceeds of taxes imposed by the
25 Authority under Section 4.03 and Section 4.03.1 and received
26 after February 1 and 25% of the amounts transferred to the
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1 Authority from the Public Transportation Fund under Section
2 4.09(a) (but not including Section 4.09(a)(3)(iv)) after
3 February 1 that the Board has estimated to be available to that
4 Service Board under Section 4.11(a). Such funding shall be
5 released to the Service Board only upon approval of a budget
6 and financial plan under this Section or adoption of a budget
7 and financial plan on behalf of the Service Board by the
8 Authority.
9 (5) If the Board has not found that the budget and
10 financial plan of a Service Board meets the criteria specified
11 in clauses (i) through (vii) of subparagraph (2) of this
12 paragraph (b), the Board, by the affirmative vote of at least
13 12 of its then Directors, prior to February 1, 2026, and by the
14 affirmative vote of at least 14 of it then Directors,
15 beginning February 1, 2026, shall adopt a budget and financial
16 plan meeting such criteria for that Service Board.
17 (c)(1) If the Board shall at any time have received a
18 revised estimate, or revises any estimate the Board has made,
19 pursuant to this Section of the receipts to be collected by the
20 Authority which, in the judgment of the Board, requires a
21 change in the estimates on which the budget of any Service
22 Board is based, the Board shall advise the affected Service
23 Board of such revised estimates, and such Service Board shall
24 within 30 days after receipt of such advice submit a revised
25 budget incorporating such revised estimates. If the revised
26 estimates require, in the judgment of the Board, that the
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1 system generated revenues recovery ratio of one or more
2 Service Boards be revised in order to allow the Authority to
3 meet its required ratio, the Board shall advise any such
4 Service Board of its revised ratio and such Service Board
5 shall within 30 days after receipt of such advice submit a
6 revised budget incorporating such revised estimates or ratio.
7 (2) Each Service Board shall, within such period after the
8 end of each fiscal quarter as shall be specified by the Board,
9 report to the Authority its financial condition and results of
10 operations and the financial condition and results of
11 operations of the public transportation services subject to
12 its jurisdiction, as at the end of and for such quarter. If in
13 the judgment of the Board such condition and results are not
14 substantially in accordance with such Service Board's budget
15 for such period, the Board shall so advise such Service Board
16 and such Service Board shall within the period specified by
17 the Board submit a revised budget incorporating such results.
18 (3) If the Board shall determine that a revised budget
19 submitted by a Service Board pursuant to subparagraph (1) or
20 (2) of this paragraph (c) does not meet the criteria specified
21 in clauses (i) through (vii) of subparagraph (2) of paragraph
22 (b) of this Section, the Board shall withhold from that
23 Service Board 25% of the cash proceeds of taxes imposed by the
24 Authority under Section 4.03 or 4.03.1 and received by the
25 Authority after February 1 and 25% of the amounts transferred
26 to the Authority from the Public Transportation Fund under
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1 Section 4.09(a) (but not including Section 4.09(a)(3)(iv))
2 after February 1 that the Board has estimated to be available
3 to that Service Board under Section 4.11(a). If the Service
4 Board submits a revised financial plan and budget which plan
5 and budget shows that the criteria will be met within a four
6 quarter period, the Board shall release any such withheld
7 funds to the Service Board. The Board by the affirmative vote
8 of at least 12 of its then Directors, prior to February 1,
9 2026, and by the affirmative vote of at least 14 of its then
10 Directors, beginning February 1, 2026, may require a Service
11 Board to submit a revised financial plan and budget which
12 shows that the criteria will be met in a time period less than
13 four quarters.
14 (d) All budgets and financial plans, financial statements,
15 audits and other information presented to the Authority
16 pursuant to this Section or which may be required by the Board
17 to permit it to monitor compliance with the provisions of this
18 Section shall be prepared and presented in such manner and
19 frequency and in such detail as shall have been prescribed by
20 the Board, shall be prepared on both an accrual and cash flow
21 basis as specified by the Board, shall present such
22 information as the Authority shall prescribe that fairly
23 presents the condition of any pension plan or trust for health
24 care benefits with respect to retirees established by the
25 Service Board and describes the plans of the Service Board to
26 meet the requirements of Sections 4.02a and 4.02b, and shall
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1 identify and describe the assumptions and projections employed
2 in the preparation thereof to the extent required by the
3 Board. If the Executive Director certifies that a Service
4 Board has not presented its budget and two-year financial plan
5 in conformity with the rules adopted by the Authority under
6 the provisions of Section 4.01(f) and this subsection (d), and
7 such certification is accepted by the affirmative vote of at
8 least 12 of the then Directors of the Authority, prior to
9 February 1, 2026, and by the affirmative vote of at least 14 of
10 the then Directors of the Authority, beginning February 1,
11 2026, the Authority shall not distribute to that Service Board
12 any funds for operating purposes in excess of the amounts
13 distributed for such purposes to the Service Board in the
14 previous fiscal year. Except when the Board adopts a budget
15 and a financial plan for a Service Board under paragraph
16 (b)(5), a Service Board shall provide for such levels of
17 transportation services and fares or charges therefor as it
18 deems appropriate and necessary in the preparation of a budget
19 and financial plan meeting the criteria set forth in clauses
20 (i) through (vii) of subparagraph (2) of paragraph (b) of this
21 Section. The Authority shall have access to and the right to
22 examine and copy all books, documents, papers, records, or
23 other source data of a Service Board relevant to any
24 information submitted pursuant to this Section.
25 (e) Whenever this Section requires the Board to make
26 determinations with respect to estimates, budgets or financial
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1 plans, or rules or regulations with respect thereto such
2 determinations shall be made upon the affirmative vote of at
3 least 12 of the then Directors, prior to February 1, 2026, and
4 by the affirmative vote of at least 14 of the then Directors,
5 beginning February 1, 2026 and shall be incorporated in a
6 written report of the Board and such report shall be submitted
7 within 10 days after such determinations are made to the
8 Governor, the Mayor of Chicago (if such determinations relate
9 to the Chicago Transit Authority), and the Auditor General of
10 Illinois.
11 (Source: P.A. 97-399, eff. 8-16-11.)
12 (70 ILCS 3615/4.13) (from Ch. 111 2/3, par. 704.13)
13 Sec. 4.13. Annual Capital Improvement Plan.
14 (a) With respect to each calendar year, the Authority
15 shall prepare as part of its Five Year Program an Annual
16 Capital Improvement Plan (the "Plan") which shall describe its
17 intended development and implementation of the Strategic
18 Capital Improvement Program. The Plan shall include the
19 following information:
20 (i) a list of projects for which approval is sought
21 from the Governor, with a description of each project
22 stating at a minimum the project cost, its category, its
23 location and the entity responsible for its
24 implementation;
25 (ii) a certification by the Authority that the
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1 Authority and the Service Boards have applied for all
2 grants, loans and other moneys made available by the
3 federal government or the State of Illinois during the
4 preceding federal and State fiscal years for financing its
5 capital development activities;
6 (iii) a certification that, as of September 30 of the
7 preceding calendar year or any later date, the balance of
8 all federal capital grant funds and all other funds to be
9 used as matching funds therefor which were committed to or
10 possessed by the Authority or a Service Board but which
11 had not been obligated was less than $350,000,000, or a
12 greater amount as authorized in writing by the Governor
13 (for purposes of this subsection (a), "obligated" means
14 committed to be paid by the Authority or a Service Board
15 under a contract with a nongovernmental entity in
16 connection with the performance of a project or committed
17 under a force account plan approved by the federal
18 government);
19 (iv) a certification that the Authority has adopted a
20 balanced budget with respect to such calendar year under
21 Section 4.01 of this Act;
22 (v) a schedule of all bonds or notes previously issued
23 for Strategic Capital Improvement Projects and all debt
24 service payments to be made with respect to all such bonds
25 and the estimated additional debt service payments through
26 June 30 of the following calendar year expected to result
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1 from bonds to be sold prior thereto;
2 (vi) a long-range summary of the Strategic Capital
3 Improvement Program describing the projects to be funded
4 through the Program with respect to project cost,
5 category, location, and implementing entity, and
6 presenting a financial plan including an estimated time
7 schedule for obligating funds for the performance of
8 approved projects, issuing bonds, expending bond proceeds
9 and paying debt service throughout the duration of the
10 Program; and
11 (vii) the source of funding for each project in the
12 Plan. For any project for which full funding has not yet
13 been secured and which is not subject to a federal full
14 funding contract, the Authority must identify alternative,
15 dedicated funding sources available to complete the
16 project. The Governor may waive this requirement on a
17 project by project basis.
18 (b) The Authority shall submit the Plan with respect to
19 any calendar year to the Governor on or before January 15 of
20 that year, or as soon as possible thereafter; provided,
21 however, that the Plan shall be adopted on the affirmative
22 votes of 12 of the then Directors, prior to February 1, 2026,
23 and by the affirmative vote of at least 14 of the then
24 Directors, beginning February 1, 2026. The Plan may be revised
25 or amended at any time, but any revision in the projects
26 approved shall require the Governor's approval.
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1 (c) The Authority shall seek approval from the Governor
2 only through the Plan or an amendment thereto. The Authority
3 shall not request approval of the Plan from the Governor in any
4 calendar year in which it is unable to make the certifications
5 required under items (ii), (iii) and (iv) of subsection (a).
6 In no event shall the Authority seek approval of the Plan from
7 the Governor for projects in an aggregate amount exceeding the
8 proceeds of bonds or notes for Strategic Capital Improvement
9 Projects issued under Section 4.04 of this Act.
10 (d) The Governor may approve the Plan for which approval
11 is requested. The Governor's approval is limited to the amount
12 of the project cost stated in the Plan. The Governor shall not
13 approve the Plan in a calendar year if the Authority is unable
14 to make the certifications required under items (ii), (iii)
15 and (iv) of subsection (a). In no event shall the Governor
16 approve the Plan for projects in an aggregate amount exceeding
17 the proceeds of bonds or notes for Strategic Capital
18 Improvement Projects issued under Section 4.04 of this Act.
19 (e) With respect to capital improvements, only those
20 capital improvements which are in a Plan approved by the
21 Governor shall be financed with the proceeds of bonds or notes
22 issued for Strategic Capital Improvement Projects.
23 (f) Before the Authority or a Service Board obligates any
24 funds for a project for which the Authority or Service Board
25 intends to use the proceeds of bonds or notes for Strategic
26 Capital Improvement Projects, but which project is not
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1 included in an approved Plan, the Authority must notify the
2 Governor of the intended obligation. No project costs incurred
3 prior to approval of the Plan including that project may be
4 paid from the proceeds of bonds or notes for Strategic Capital
5 Improvement Projects issued under Section 4.04 of this Act.
6 (Source: P.A. 94-839, eff. 6-6-06; 95-708, eff. 1-18-08.)
7 (70 ILCS 3615/4.14) (from Ch. 111 2/3, par. 704.14)
8 Sec. 4.14. Rate Protection Contract. "Rate Protection
9 Contract" means interest rate price exchange agreements;
10 currency exchange agreements; forward payment conversion
11 agreements; contracts providing for payment or receipt of
12 funds based on levels of, or changes in, interest rates,
13 currency exchange rates, stock or other indices; contracts to
14 exchange cash flows or a series of payments; contracts,
15 including without limitation, interest rate caps; interest
16 rate floor; interest rate locks; interest rate collars; rate
17 of return guarantees or assurances, to manage payment,
18 currency, rate, spread or similar exposure; the obligation,
19 right, or option to issue, put, lend, sell, grant a security
20 interest in, buy, borrow or otherwise acquire, a bond, note or
21 other security or interest therein as an investment, as
22 collateral, as a hedge, or otherwise as a source or assurance
23 of payment to or by the Authority or as a reduction of the
24 Authority's or an obligor's risk exposure; repurchase
25 agreements; securities lending agreements; and other
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1 agreements or arrangements similar to the foregoing.
2 Notwithstanding any provision in Section 2.20 (a) (ii) of
3 this Act to the contrary, in connection with or incidental to
4 the issuance by the Authority of its bonds or notes under the
5 provisions of Section 4.04 or the exercise of its powers under
6 subsection (b) of Section 2.20, the Authority, for its own
7 benefit or for the benefit of the holders of its obligations or
8 their trustee, may enter into rate protection contracts. The
9 Authority may enter into rate protection contracts only
10 pursuant to a determination by a vote of 12 of the then
11 Directors, prior to February 1, 2026, and by the affirmative
12 vote of at least 14 of the then Directors, beginning February
13 1, 2026 that the terms of the contracts and any related
14 agreements reduce the risk of loss to the Authority, or
15 protect, preserve or enhance the value of its assets, or
16 provide compensation to the Authority for losses resulting
17 from changes in interest rates. The Authority's obligations
18 under any rate protection contract or credit enhancement or
19 liquidity agreement shall not be considered bonds or notes for
20 purposes of this Act. For purposes of this Section a rate
21 protection contract is a contract determined by the Authority
22 as necessary or appropriate to permit it to manage payment,
23 currency or interest rate risks or levels.
24 (Source: P.A. 95-708, eff. 1-18-08.)
25 Section 99. Effective date. This Act takes effect January
26 1, 2026.
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
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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
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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
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