Bill Amendment: IL HB1342 | 2023-2024 | 103rd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: TRANSIT RIDING PRIVILEGES/FARE
Status: 2023-07-28 - Public Act . . . . . . . . . 103-0281 [HB1342 Detail]
Download: Illinois-2023-HB1342-Senate_Amendment_001.html
Bill Title: TRANSIT RIDING PRIVILEGES/FARE
Status: 2023-07-28 - Public Act . . . . . . . . . 103-0281 [HB1342 Detail]
Download: Illinois-2023-HB1342-Senate_Amendment_001.html
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1 | AMENDMENT TO HOUSE BILL 1342
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2 | AMENDMENT NO. ______. Amend House Bill 1342 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Metropolitan Transit Authority Act is | ||||||
5 | amended by changing Sections 31 and 51 as follows:
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6 | (70 ILCS 3605/31) (from Ch. 111 2/3, par. 331)
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7 | Sec. 31.
The Board shall have power to pass all ordinances | ||||||
8 | and make
all rules and regulations proper or necessary to | ||||||
9 | regulate the use,
operation and maintenance of its property | ||||||
10 | and facilities, and to carry
into effect the powers granted to | ||||||
11 | the Authority, with such fines or
penalties , including | ||||||
12 | ordinances, rules, and regulations concerning the suspension | ||||||
13 | of riding privileges or confiscation of fare media under | ||||||
14 | Section 2.40 of the Regional Transportation Authority Act, as | ||||||
15 | may be deemed proper. No fine or penalty shall exceed
$300.00, | ||||||
16 | and no imprisonment shall exceed six (6) months for one
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1 | offense. All fines and penalties shall be imposed by | ||||||
2 | ordinances, which
shall be published in a newspaper of
general | ||||||
3 | circulation published in
the metropolitan area. No such | ||||||
4 | ordinance shall take effect until ten
days after its | ||||||
5 | publication.
| ||||||
6 | (Source: P.A. 80-937.)
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7 | (70 ILCS 3605/51) | ||||||
8 | Sec. 51. Free and reduced fare services; eligibility. | ||||||
9 | (a) Notwithstanding any law to the contrary, no later than | ||||||
10 | 60 days following the effective date of this amendatory Act of | ||||||
11 | the 95th General Assembly and until subsection (b) is | ||||||
12 | implemented, any fixed route public transportation services | ||||||
13 | provided by, or under grant or purchase of service contracts | ||||||
14 | of, the Board shall be provided without charge to all senior | ||||||
15 | citizens of the Metropolitan Region (as such term is defined | ||||||
16 | in 70 ILCS 3615/1.03) aged 65 and older, under such conditions | ||||||
17 | as shall be prescribed by the Board.
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18 | (b) Notwithstanding any law to the contrary, no later than | ||||||
19 | 180 days following the effective date of this amendatory Act | ||||||
20 | of the 96th General Assembly, any fixed route public | ||||||
21 | transportation services provided by, or under grant or | ||||||
22 | purchase of service contracts of, the Board shall be provided | ||||||
23 | without charge to senior citizens aged 65 and older who meet | ||||||
24 | the income eligibility limitation set forth in subsection | ||||||
25 | (a-5) of Section 4 of the Senior Citizens and Persons with |
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1 | Disabilities Property Tax Relief Act, under such conditions as | ||||||
2 | shall be prescribed by the Board. The Department on Aging | ||||||
3 | shall furnish all information reasonably necessary to | ||||||
4 | determine eligibility, including updated lists of individuals | ||||||
5 | who are eligible for services without charge under this | ||||||
6 | Section. Nothing in this Section shall relieve the Board from | ||||||
7 | providing reduced fares as may be required by federal law. | ||||||
8 | (c) The Board shall partner with the City of Chicago to | ||||||
9 | provide transportation at reduced fares for participants in | ||||||
10 | programs that offer employment and internship opportunities to | ||||||
11 | youth and young adults ages 14 through 24. | ||||||
12 | (Source: P.A. 99-143, eff. 7-27-15.)
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13 | Section 10. The Local Mass Transit District Act is amended | ||||||
14 | by changing Section 5 and adding Section 5.6 as follows:
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15 | (70 ILCS 3610/5) (from Ch. 111 2/3, par. 355)
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16 | Sec. 5.
(a) The Board of Trustees of every District may | ||||||
17 | establish or
acquire any or all manner of mass transit | ||||||
18 | facility. The Board may engage
in the business of | ||||||
19 | transportation of passengers on scheduled routes and
by | ||||||
20 | contract on nonscheduled routes within the territorial limits | ||||||
21 | of the
counties or municipalities creating the District, by | ||||||
22 | whatever means it
may decide. Its routes may be extended | ||||||
23 | beyond such territorial limits
with the consent of the | ||||||
24 | governing bodies of the municipalities or
counties into which |
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1 | such operation is extended.
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2 | (b) The Board of Trustees of every District may for the | ||||||
3 | purposes of
the District, acquire by gift, purchase, lease, | ||||||
4 | legacy, condemnation, or
otherwise and hold, use, improve, | ||||||
5 | maintain, operate, own, manage or
lease, as lessor or lessee, | ||||||
6 | such cars, buses, equipment, buildings,
structures, real and | ||||||
7 | personal property, and interests therein, and services,
lands | ||||||
8 | for
terminal and other related facilities, improvements and | ||||||
9 | services, or
any interest therein, including all or
any part | ||||||
10 | of the plant, land, buildings, equipment, vehicles, licenses,
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11 | franchises,
patents, property, service contracts and | ||||||
12 | agreements of every kind and
nature.
Real property may be so | ||||||
13 | acquired if it is situated within or partially
within the area | ||||||
14 | served by the District or if it is outside the area
if it is | ||||||
15 | desirable or necessary for the purposes of the District.
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16 | (c) The Board of Trustees of every District which | ||||||
17 | establishes, provides,
or
acquires mass transit facilities or | ||||||
18 | services may contract with any person
or
corporation or public | ||||||
19 | or private entity for the operation or provision
thereof upon | ||||||
20 | such terms and conditions as
the District shall determine.
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21 | (d) The Board of Trustees of every District shall have the | ||||||
22 | authority
to contract for any and all purposes of the | ||||||
23 | District, including with an
interstate
transportation | ||||||
24 | authority, or with another local
Mass Transit District or any | ||||||
25 | other municipal, public, or private
corporation
entity in
the | ||||||
26 | transportation business including the authority to contract to |
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1 | lease
its or otherwise provide land, buildings, and equipment, | ||||||
2 | and other
related facilities, improvements, and services, for | ||||||
3 | the carriage of
passengers beyond the territorial
limits of | ||||||
4 | the District or to subsidize transit operations by a public or
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5 | private
or municipal corporation operating entity providing | ||||||
6 | mass transit
facilities.
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7 | (e) The Board of Trustees of every District shall have the | ||||||
8 | authority
to establish, alter and discontinue transportation | ||||||
9 | routes and services and
any or all
ancillary or supporting | ||||||
10 | facilities and services, and to establish and amend
rate
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11 | schedules for the transportation of persons thereon or for the | ||||||
12 | public or
private use thereof which rate schedules shall, | ||||||
13 | together with any
grants, receipts or income from other | ||||||
14 | sources, be sufficient to pay the
expenses of the District, | ||||||
15 | the repair, maintenance and the safe and
adequate operation of | ||||||
16 | its mass transit facilities and public mass
transportation
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17 | system and to fulfill the terms of its debts, undertakings, | ||||||
18 | and
obligations.
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19 | (f) The Board of Trustees of every District shall have | ||||||
20 | perpetual
succession and shall have the following powers in | ||||||
21 | addition to any others
in this Act granted:
| ||||||
22 | (1) to sue and be sued;
| ||||||
23 | (2) to adopt and use a seal;
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24 | (3) to make and execute contracts loans, leases, | ||||||
25 | subleases, installment
purchase agreements, contracts, | ||||||
26 | notes and other instruments evidencing
financial |
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1 | obligations, and other instruments necessary or
convenient | ||||||
2 | in the exercise of its powers;
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3 | (4) to make, amend and repeal bylaws, rules and | ||||||
4 | regulations not
inconsistent with this Act , including | ||||||
5 | rules and regulations proper or necessary to regulate the | ||||||
6 | use, operation, and maintenance of its properties and | ||||||
7 | facilities and to carry into effect the powers granted to | ||||||
8 | the Board of Trustees, with any necessary fines or | ||||||
9 | penalties, such as the suspension of riding privileges or | ||||||
10 | confiscation of fare media under Section 5.6, as the Board | ||||||
11 | deems proper ;
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12 | (5) to sell, lease, sublease, license, transfer, | ||||||
13 | convey or
otherwise dispose of any of its real or personal | ||||||
14 | property, or
interests
therein, in whole or in part, at | ||||||
15 | any time upon such terms and conditions as
it may | ||||||
16 | determine,
with public bidding if the value exceeds $1,000 | ||||||
17 | at negotiated, competitive,
public, or private sale;
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18 | (6) to invest funds, not required for immediate | ||||||
19 | disbursement, in
property, agreements, or securities legal | ||||||
20 | for investment of public
funds
controlled by
savings banks | ||||||
21 | under applicable law;
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22 | (7) to mortgage, pledge, hypothecate or otherwise | ||||||
23 | encumber all or
any part of its real or personal property | ||||||
24 | or other assets, or
interests therein;
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25 | (8) to apply for, accept and use grants, loans or | ||||||
26 | other financial
assistance from any private entity or |
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1 | municipal, county, State or Federal
governmental
agency or | ||||||
2 | other public entity;
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3 | (9) to borrow money from the United States Government | ||||||
4 | or any agency
thereof, or from any other public or private | ||||||
5 | source, for the purposes of
the District and,
as evidence | ||||||
6 | thereof, to issue its revenue bonds, payable solely from | ||||||
7 | the
revenue derived from the operation of the District. | ||||||
8 | These bonds may be
issued with maturities not exceeding 40 | ||||||
9 | years from the date of the
bonds, and in such amounts as | ||||||
10 | may be necessary to provide sufficient
funds, together | ||||||
11 | with interest, for the purposes of the District. These
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12 | bonds shall bear interest at a rate of not more than the | ||||||
13 | maximum rate
authorized by the Bond Authorization Act, as | ||||||
14 | amended at the time of the
making of the contract of sale, | ||||||
15 | payable semi-annually, may be made
registerable as to
| ||||||
16 | principal, and may be made payable and callable as | ||||||
17 | provided on any
interest payment date at a price of
par and | ||||||
18 | accrued interest under such terms and conditions as may be | ||||||
19 | fixed by the
ordinance authorizing the issuance of the | ||||||
20 | bonds. Bonds issued under this
Section are negotiable | ||||||
21 | instruments. They shall be executed by the chairman and
| ||||||
22 | members of the Board of Trustees, attested by the | ||||||
23 | secretary, and shall be
sealed with the corporate seal of
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24 | the District. In case any Trustee or officer whose | ||||||
25 | signature appears on the
bonds or
coupons ceases to hold | ||||||
26 | that office before the bonds are delivered, such
officer's
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1 | signature, shall nevertheless be valid and sufficient for | ||||||
2 | all purposes, the
same as though such officer had remained | ||||||
3 | in office until the bonds
were delivered. The
bonds shall | ||||||
4 | be sold in such manner and upon such terms as the Board of | ||||||
5 | Trustees
shall determine, except that the selling price | ||||||
6 | shall be such that the interest
cost to the District of the | ||||||
7 | proceeds of the bonds shall not exceed the maximum
rate | ||||||
8 | authorized by the Bond Authorization Act, as amended at | ||||||
9 | the time of the
making of the contract of sale, payable | ||||||
10 | semi-annually, computed to maturity
according
to the | ||||||
11 | standard table of bond values.
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12 | The ordinance shall fix the amount of revenue bonds | ||||||
13 | proposed to be
issued, the maturity or maturities, the | ||||||
14 | interest rate, which shall not
exceed the maximum rate | ||||||
15 | authorized by the Bond Authorization Act, as amended
at | ||||||
16 | the time of the making of the contract of sale, and all the | ||||||
17 | details in
connection
with the bonds. The ordinance may | ||||||
18 | contain such covenants and restrictions upon
the issuance | ||||||
19 | of additional revenue bonds thereafter, which will share | ||||||
20 | equally
in the revenue of the District, as may be deemed | ||||||
21 | necessary or advisable for
the
assurance of the payment of | ||||||
22 | the bonds first issued. Any District may also
provide in | ||||||
23 | the ordinance authorizing the issuance of bonds under this | ||||||
24 | Section
that the bonds, or such ones thereof as may be | ||||||
25 | specified, shall, to the extent
and in the manner | ||||||
26 | prescribed, be subordinated and be junior in standing, |
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1 | with
respect to the payment of principal and interest and | ||||||
2 | the security thereof, to
such other bonds as are | ||||||
3 | designated in the ordinance.
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4 | The ordinance shall pledge the revenue derived from | ||||||
5 | the operations of
the District for the purpose of paying | ||||||
6 | the cost of operation and
maintenance of the District, | ||||||
7 | and, as applicable, providing adequate
depreciation funds,
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8 | and paying the principal of and interest on the bonds of | ||||||
9 | the District
issued under this Section;
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10 | (10) subject to Section 5.1, to levy a tax on property | ||||||
11 | within the
District at the rate of not to exceed .25% on | ||||||
12 | the assessed value of such
property in the manner provided | ||||||
13 | in the Illinois Municipal Budget Law;
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14 | (11) to issue tax anticipation warrants;
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15 | (12) to contract with any school district in this | ||||||
16 | State to provide
for the transportation of pupils to and | ||||||
17 | from school within such district
pursuant to the | ||||||
18 | provisions of Section 29-15 of the School Code;
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19 | (13) to provide for the insurance of any property, | ||||||
20 | directors,
officers, employees or operations of the | ||||||
21 | District against any risk or
hazard, and to self-insure or | ||||||
22 | participate in joint self-insurance pools or
entities to | ||||||
23 | insure against such risk or hazard;
| ||||||
24 | (14) to use its established funds, personnel, and | ||||||
25 | other resources to
acquire, construct, operate, and | ||||||
26 | maintain bikeways and trails. Districts
may cooperate with |
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1 | other governmental and private agencies in bikeway and
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2 | trail programs; and
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3 | (15) to acquire, own, maintain, construct, | ||||||
4 | reconstruct, improve, repair,
operate or lease any | ||||||
5 | light-rail public transportation system, terminal,
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6 | terminal facility, public airport, or bridge or toll | ||||||
7 | bridge across waters with
any city, state, or both.
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8 | With respect to instruments for the payment of money | ||||||
9 | issued under this
Section either before, on, or after June 6, | ||||||
10 | 1989 (the effective date of Public Act 86-4), it is and always | ||||||
11 | has been the intention of the General
Assembly (i) that the | ||||||
12 | Omnibus Bond Acts are and always have been
supplementary | ||||||
13 | grants of power to issue instruments in accordance with the
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14 | Omnibus Bond Acts, regardless of any provision of this Act | ||||||
15 | that may appear
to be or to have been more restrictive than | ||||||
16 | those Acts, (ii) that the
provisions of this Section are not a | ||||||
17 | limitation on the supplementary
authority granted by the | ||||||
18 | Omnibus Bond Acts, and (iii) that instruments
issued under | ||||||
19 | this Section within the supplementary authority granted
by the | ||||||
20 | Omnibus Bond Acts are not invalid because of any provision of
| ||||||
21 | this Act that may appear to be or to have been more restrictive | ||||||
22 | than
those Acts.
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23 | This Section shall be liberally construed to give effect | ||||||
24 | to its purposes.
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25 | (Source: P.A. 99-642, eff. 7-28-16.)
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1 | (70 ILCS 3610/5.6 new) | ||||||
2 | Sec. 5.6. Suspension of riding privileges and confiscation | ||||||
3 | of fare media. | ||||||
4 | (a) As used in this Section, "demographic information" | ||||||
5 | includes, but is not limited to, age, race, ethnicity, gender, | ||||||
6 | and housing status, as that term is defined under Section 10 of | ||||||
7 | the Bill of Rights for the Homeless Act. | ||||||
8 | (b) Suspension of riding privileges and confiscation of | ||||||
9 | fare media are limited to: | ||||||
10 | (1) violations where the person's conduct places | ||||||
11 | transit employees or transit passengers in reasonable | ||||||
12 | apprehension of a threat to their safety or the safety of | ||||||
13 | others, including assault and battery, as
those terms are | ||||||
14 | defined under Sections 12-1 and 12-3 of the Criminal Code | ||||||
15 | of 2012; | ||||||
16 | (2) violations where the person's conduct places | ||||||
17 | transit employees or transit passengers in reasonable | ||||||
18 | apprehension of a threat of a criminal sexual assault, as | ||||||
19 | that term is defined under Section 11-1.20 of the Criminal | ||||||
20 | Code of 2012; and | ||||||
21 | (3) violations involving an act of public indecency, | ||||||
22 | as that term is defined in Section 11-30 of the Criminal | ||||||
23 | Code of 2012. | ||||||
24 | (c) Written notice shall be provided to an individual | ||||||
25 | regarding the suspension of the individual's riding privileges | ||||||
26 | or confiscation of fare media.
The notice shall be provided in |
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1 | person at the time of the alleged violation, except that, if | ||||||
2 | providing notice in person at the time of the alleged | ||||||
3 | violation is not practicable, then notice shall be provided to | ||||||
4 | the individual by either personal service or by mailing a copy | ||||||
5 | of the notice by certified mail, return receipt requested, and | ||||||
6 | first-class mail to the person's current address. If the | ||||||
7 | person is known to be detained in jail, service shall be made | ||||||
8 | as provided under Section 2-203.2 of the Code of Civil | ||||||
9 | Procedure. The written notice shall be sufficient to inform | ||||||
10 | the individual about the following: | ||||||
11 | (1) the nature of the suspension of riding privileges | ||||||
12 | or confiscation of fare media; | ||||||
13 | (2) the person's rights and available remedies to | ||||||
14 | contest or appeal the suspension of riding privileges or | ||||||
15 | confiscation of fare media and to apply for reinstatement | ||||||
16 | of riding privileges; and | ||||||
17 | (3) the procedures for adjudicating whether a | ||||||
18 | suspension or confiscation is warranted and for applying | ||||||
19 | for reinstatement of riding privileges, including the time | ||||||
20 | and location of any hearing. | ||||||
21 | The process to determine whether a suspension or riding | ||||||
22 | privileges or confiscation of fare media is warranted and the | ||||||
23 | length of the suspension shall be concluded within 30 days | ||||||
24 | after the individual receives notice of the suspension or | ||||||
25 | confiscation. | ||||||
26 | Notwithstanding any other provision of this Section, no |
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1 | person shall be denied the ability to contest or appeal a | ||||||
2 | suspension of riding privileges or confiscation of fare media, | ||||||
3 | or to attend a hearing to determine whether a
suspension or | ||||||
4 | confiscation was warranted, because the person was detained in | ||||||
5 | a jail. | ||||||
6 | (d) Each Board shall create an administrative suspension | ||||||
7 | hearing process as follows: | ||||||
8 | (1) A Board shall designate an official to oversee the | ||||||
9 | administrative process to decide whether a suspension is | ||||||
10 | warranted and the length of the suspension. | ||||||
11 | (2) The accused and related parties may attend this | ||||||
12 | hearing in person, by telephone, or virtually. | ||||||
13 | (3) The Board shall present the suspension-related | ||||||
14 | evidence and outline the evidence that supports the need | ||||||
15 | for the suspension. | ||||||
16 | (4) The accused can present and may make an oral or | ||||||
17 | written presentation and offer documents, including | ||||||
18 | affidavits, in response to the Board's evidence. | ||||||
19 | (5) The Board's designated official shall make a | ||||||
20 | finding on the suspension. | ||||||
21 | (6) The value of unexpended credit or unexpired passes | ||||||
22 | shall be reimbursed upon suspension of riding privileges | ||||||
23 | or confiscation of fare media. | ||||||
24 | (7) The alleged victims of the violation and related | ||||||
25 | parties, including witnesses who were present, may attend | ||||||
26 | this hearing in person, by telephone, or virtually. |
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1 | (8) The alleged victims of the violation and related | ||||||
2 | parties, including witnesses who were present, can present | ||||||
3 | and may make an oral or written presentation and offer | ||||||
4 | documents, including affidavits, in response to the | ||||||
5 | Board's evidence. | ||||||
6 | (e) Each Board shall create a process to appeal and | ||||||
7 | reinstate ridership privileges. This information shall be | ||||||
8 | provided
to the suspended rider at the time of the Board's | ||||||
9 | findings.
A suspended rider is entitled to 2 appeals after the | ||||||
10 | Board's finding to suspend the person's ridership.
A suspended | ||||||
11 | rider may petition the Board to reinstate the person's | ||||||
12 | ridership privileges one calendar year after the Board's | ||||||
13 | suspension finding if the length of the suspension is more | ||||||
14 | than one year. | ||||||
15 | (f) Each Board shall collect, report, and make publicly | ||||||
16 | available in a quarterly timeframe the number and demographic | ||||||
17 | information of people subject to suspension of riding | ||||||
18 | privileges or confiscation of fare media, the conduct leading | ||||||
19 | to the suspension or confiscation, as well as the location and | ||||||
20 | description of the location where the conduct occurred, such | ||||||
21 | as identifying the transit station or transit line, date, and | ||||||
22 | time of day, a citation to the statutory authority for which | ||||||
23 | the accused person was arrested or charged, the amount, if | ||||||
24 | any, on the fare media, and the length of the suspension.
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25 | Section 15. The Regional Transportation Authority Act is |
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| |||||||
1 | amended by changing Sections 3A.09 and 4.01 and by adding | ||||||
2 | Sections 2.10a, 2.40, 2.41, 2.42, 3.12, and 3B.09c as follows:
| ||||||
3 | (70 ILCS 3615/2.10a new) | ||||||
4 | Sec. 2.10a. Zero-emission buses. | ||||||
5 | (a) As used in this Section: | ||||||
6 | "Zero-emission bus" means a bus that is: | ||||||
7 | (1) designed to carry more than 10 passengers and is | ||||||
8 | used to carry passengers for compensation. | ||||||
9 | (2) a zero-emission vehicle; and | ||||||
10 | (3) not a taxi. | ||||||
11 | "Zero-emission vehicle" means a fuel cell or electric | ||||||
12 | vehicle that: | ||||||
13 | (1) is a motor vehicle; | ||||||
14 | (2) is made by a commercial manufacturer; | ||||||
15 | (3) is manufactured primarily for use on public | ||||||
16 | streets, roads, and highways; | ||||||
17 | (4) has a maximum speed capability of at least 55 | ||||||
18 | miles per hour; | ||||||
19 | (5) is powered entirely by electricity or powered by | ||||||
20 | combining hydrogen and oxygen, which runs the motor; | ||||||
21 | (6) has an operating range of at least 100 miles; and | ||||||
22 | (7) produces only water vapor and heat as byproducts. | ||||||
23 | (b) On or after January 1, 2026, a Service Board may not | ||||||
24 | enter into a contract or contract amendment to purchase a bus | ||||||
25 | that is not a zero-emission bus for the purpose of the Service |
| |||||||
| |||||||
1 | Board's transit bus fleet.
| ||||||
2 | (70 ILCS 3615/2.40 new) | ||||||
3 | Sec. 2.40. Suspension of riding privileges and | ||||||
4 | confiscation of fare media. | ||||||
5 | (a) As used in this Section, "demographic information" | ||||||
6 | includes, but is not limited to, age, race, ethnicity, gender, | ||||||
7 | and housing status, as that term is defined under Section 10 of | ||||||
8 | the Bill of Rights for the Homeless Act. | ||||||
9 | (b) Suspension of riding privileges and confiscation of | ||||||
10 | fare media are limited to: | ||||||
11 | (1) violations where the person's conduct places | ||||||
12 | transit employees or transit passengers in reasonable | ||||||
13 | apprehension of a threat to their safety or the safety of | ||||||
14 | others, including assault and battery, as
those terms are | ||||||
15 | defined under Sections 12-1 and 12-3 of the Criminal Code | ||||||
16 | of 2012; | ||||||
17 | (2) violations where the person's conduct places | ||||||
18 | transit employees or transit passengers in reasonable | ||||||
19 | apprehension of a threat of a criminal sexual assault, as | ||||||
20 | that term is defined under Section 11-1.20 of the Criminal | ||||||
21 | Code of 2012; and | ||||||
22 | (3) violations involving an act of public indecency, | ||||||
23 | as that term is defined in Section 11-30 of the Criminal | ||||||
24 | Code of 2012. | ||||||
25 | (c) Written notice shall be provided to an individual |
| |||||||
| |||||||
1 | regarding the suspension of the individual's riding privileges | ||||||
2 | or confiscation of fare media.
The notice shall be provided in | ||||||
3 | person at the time of the alleged violation, except that, if | ||||||
4 | providing notice in person at the time of the alleged | ||||||
5 | violation is not practicable, then notice shall be provided to | ||||||
6 | the individual by either personal service or by mailing a copy | ||||||
7 | of the notice by certified mail, return receipt requested, and | ||||||
8 | first-class mail to the person's current address. If the | ||||||
9 | person is known to be detained in jail, service shall be made | ||||||
10 | as provided under Section 2-203.2 of the Code of Civil | ||||||
11 | Procedure. The written notice shall be sufficient to inform | ||||||
12 | the individual about the following: | ||||||
13 | (1) the nature of the suspension of riding privileges | ||||||
14 | or confiscation of fare media; | ||||||
15 | (2) the person's rights and available remedies to | ||||||
16 | contest or appeal the suspension of riding privileges or | ||||||
17 | confiscation of fare media and to apply for reinstatement | ||||||
18 | of riding privileges; and | ||||||
19 | (3) the procedures for adjudicating whether a | ||||||
20 | suspension or confiscation is warranted and for applying | ||||||
21 | for reinstatement of riding privileges, including the time | ||||||
22 | and location of any hearing. | ||||||
23 | The process to determine whether a suspension or riding | ||||||
24 | privileges or confiscation of fare media is warranted and the | ||||||
25 | length of the suspension shall be concluded within 30 days | ||||||
26 | after the individual receives notice of the suspension or |
| |||||||
| |||||||
1 | confiscation. | ||||||
2 | Notwithstanding any other provision of this Section, no | ||||||
3 | person shall be denied the ability to contest or appeal a | ||||||
4 | suspension of riding privileges or confiscation of fare media, | ||||||
5 | or to attend a hearing to determine whether a
suspension or | ||||||
6 | confiscation was warranted, because the person was detained in | ||||||
7 | a jail. | ||||||
8 | (d) Each Service Board shall create an administrative | ||||||
9 | suspension hearing process as follows: | ||||||
10 | (1) A Service Board shall designate an official to | ||||||
11 | oversee the administrative process to decide whether a | ||||||
12 | suspension is warranted and the length of the suspension. | ||||||
13 | (2) The accused and related parties may attend this | ||||||
14 | hearing in person, by telephone, or virtually. | ||||||
15 | (3) The Service Board shall present the | ||||||
16 | suspension-related evidence and outline the evidence that | ||||||
17 | supports the need for the suspension. | ||||||
18 | (4) The accused can present and may make an oral or | ||||||
19 | written presentation and offer documents, including | ||||||
20 | affidavits, in response to the Service Board's evidence. | ||||||
21 | (5) The Service Board's designated official shall make | ||||||
22 | a finding on the suspension. | ||||||
23 | (6) The value of unexpended credit or unexpired passes | ||||||
24 | shall be reimbursed upon suspension of riding privileges | ||||||
25 | or confiscation of fare media. | ||||||
26 | (7) The alleged victims of the violation and related |
| |||||||
| |||||||
1 | parties, including witnesses who were present, may attend | ||||||
2 | this hearing in person, by telephone, or virtually. | ||||||
3 | (8) The alleged victims of the violation and related | ||||||
4 | parties, including witnesses who were present, can present | ||||||
5 | and may make an oral or written presentation and offer | ||||||
6 | documents, including affidavits, in response to the | ||||||
7 | Service Board's evidence. | ||||||
8 | (e) Each Service Board shall create a process to appeal | ||||||
9 | and reinstate ridership privileges. This information shall be | ||||||
10 | provided
to the suspended rider at the time of the Service | ||||||
11 | Board's findings.
A suspended rider is entitled to 2 appeals | ||||||
12 | after the Service Board's finding to suspend the person's | ||||||
13 | ridership.
A suspended rider may petition the Service Board to | ||||||
14 | reinstate the person's ridership privileges one calendar year | ||||||
15 | after the Service Board's suspension finding if the length of | ||||||
16 | the suspension is more than one year. | ||||||
17 | (f) Each Service Board shall collect, report, and make | ||||||
18 | publicly available in a quarterly timeframe the number and | ||||||
19 | demographic information of people subject to suspension of | ||||||
20 | riding privileges or confiscation of fare media, the conduct | ||||||
21 | leading to the suspension or confiscation, as well as the | ||||||
22 | location and description of the location where the conduct | ||||||
23 | occurred, such as identifying the transit station or transit | ||||||
24 | line, date, and time of day, a citation to the statutory | ||||||
25 | authority for which the accused person was arrested or | ||||||
26 | charged, the amount, if any, on the fare media, and the length |
| |||||||
| |||||||
1 | of the suspension.
| ||||||
2 | (70 ILCS 3615/2.41 new) | ||||||
3 | Sec. 2.41. Domestic Violence and Sexual Assault Regional | ||||||
4 | Transit Authority Public Transportation Assistance Program. | ||||||
5 | (a) No later than 90 days after the effective date of this | ||||||
6 | amendatory Act of the 103rd General Assembly, the Authority | ||||||
7 | shall create the Domestic Violence and Sexual Assault Regional | ||||||
8 | Transit Authority Public Transportation Assistance Program to | ||||||
9 | serve residents of the Authority. | ||||||
10 | Through this Program, the Authority shall issue monetarily | ||||||
11 | preloaded mass transit cards to The Network: Advocating | ||||||
12 | Against Domestic Violence for survivor and victim use of | ||||||
13 | public transportation through Chicago Transit Authority, the | ||||||
14 | Suburban Bus Division, and the Commuter Rail Division. | ||||||
15 | The Authority shall coordinate with The Network: | ||||||
16 | Advocating Against Domestic Violence to issue no less than | ||||||
17 | 25,000 monetarily preloaded mass transit cards for | ||||||
18 | distribution to domestic violence and sexual assault service | ||||||
19 | providers throughout the Authority's jurisdiction, including | ||||||
20 | the counties of Cook, Kane, DuPage, Will, Lake, and McHenry. | ||||||
21 | The mass transit card shall be plastic or laminated and | ||||||
22 | wallet-sized, contain no information that would reference | ||||||
23 | domestic violence or sexual assault services, and have no | ||||||
24 | expiration date. The cards shall also be available | ||||||
25 | electronically and shall be distributed to domestic violence |
| |||||||
| |||||||
1 | and sexual assault direct service providers to distribute to | ||||||
2 | survivors. | ||||||
3 | The total number of mass transit cards shall be | ||||||
4 | distributed to domestic violence and sexual assault service | ||||||
5 | providers throughout the Authority's region based on the | ||||||
6 | average number of clients served in 2021 and 2022 in | ||||||
7 | comparison to the total number of mass transit cards granted | ||||||
8 | by the Authority. | ||||||
9 | (b) The creation of the Program shall include an | ||||||
10 | appointment of a domestic violence or sexual assault program | ||||||
11 | service provider or a representative of the service provider's | ||||||
12 | choosing to the Authority's Citizen Advisory Board. | ||||||
13 | The Network: Advocating Against Domestic Violence shall | ||||||
14 | provide an annual report of the program, including a list of | ||||||
15 | service providers receiving the mass transit cards, the total | ||||||
16 | number of cards received by each service provider, and an | ||||||
17 | estimated number of survivors and victims of domestic violence | ||||||
18 | and sexual assault participating in the program. The report | ||||||
19 | shall also include survivor testimonies of the program and | ||||||
20 | shall include program provided recommendations on improving | ||||||
21 | implementation of the Program. The report shall be provided to | ||||||
22 | the Regional Transit Authority one calendar year after the | ||||||
23 | creation of the Program. | ||||||
24 | In partnership with The Network: Advocating Against | ||||||
25 | Domestic Violence, the Authority shall report this information | ||||||
26 | to the Board and the Citizen Advisory Board and compile an |
| |||||||
| |||||||
1 | annual report of the Program to the General Assembly and to | ||||||
2 | domestic violence and sexual assault service providers in the | ||||||
3 | service providers' jurisdiction and include recommendations | ||||||
4 | for improving implementation of the Program.
| ||||||
5 | (70 ILCS 3615/2.42 new) | ||||||
6 | Sec. 2.42. Youth and young adults internships and | ||||||
7 | employment. By January 1, 2024, the Suburban Bus Board and the | ||||||
8 | Commuter Rail Board shall create or partner with a youth jobs | ||||||
9 | program to provide internship or employment opportunities to | ||||||
10 | youth and young adults.
| ||||||
11 | (70 ILCS 3615/3.12 new) | ||||||
12 | Sec. 3.12. Reduced or free transit fare study. | ||||||
13 | (a) As used in this Section, "returning resident" means | ||||||
14 | any United States resident who is 17 years of age or older and | ||||||
15 | has been in and left the physical custody of the Department of | ||||||
16 | Corrections within the last 36 months. | ||||||
17 | (a) By July 1, 2024, the Authority shall study and submit a | ||||||
18 | report to the Governor and General Assembly regarding the | ||||||
19 | feasibility and cost of providing year-round reduced or free | ||||||
20 | transit fares for veterans, returning residents, and students | ||||||
21 | who are not currently receiving a free or reduced fare. | ||||||
22 |
| ||||||
23 | (70 ILCS 3615/3A.09) (from Ch. 111 2/3, par. 703A.09)
|
| |||||||
| |||||||
1 | Sec. 3A.09. General powers. In addition to any powers | ||||||
2 | elsewhere provided
to the Suburban Bus Board, it shall have | ||||||
3 | all of the powers specified in
Section 2.20 of this Act except | ||||||
4 | for the powers specified in Section 2.20(a)(v). The Board | ||||||
5 | shall also have the power:
| ||||||
6 | (a) to cooperate with the Regional Transportation | ||||||
7 | Authority in the
exercise by the Regional Transportation | ||||||
8 | Authority of all the powers granted
it by such Act;
| ||||||
9 | (b) to receive funds from the Regional Transportation | ||||||
10 | Authority pursuant
to Sections 2.02, 4.01, 4.02, 4.09 and | ||||||
11 | 4.10 of the Regional Transportation
Authority Act, all as | ||||||
12 | provided in the Regional Transportation Authority Act;
| ||||||
13 | (c) to receive financial grants from the Regional | ||||||
14 | Transportation
Authority or a Service Board, as defined in | ||||||
15 | the Regional Transportation
Authority Act, upon such terms | ||||||
16 | and conditions as shall be set forth in a
grant contract | ||||||
17 | between either the Division and the Regional | ||||||
18 | Transportation
Authority or the Division and another | ||||||
19 | Service Board, which contract or
agreement may be for such | ||||||
20 | number of years or duration as the parties agree,
all as | ||||||
21 | provided in the Regional Transportation Authority Act; | ||||||
22 | (d) to perform all functions necessary for the | ||||||
23 | provision of paratransit services under Section 2.30 of | ||||||
24 | this Act; and
| ||||||
25 | (e) to borrow money for the purposes of: (i) | ||||||
26 | constructing a new garage in the northwestern Cook County |
| |||||||
| |||||||
1 | suburbs, (ii) converting the South Cook garage in Markham | ||||||
2 | to a Compressed Natural Gas facility, (iii) constructing a | ||||||
3 | new paratransit garage in DuPage County, (iv) expanding | ||||||
4 | the North Shore garage in Evanston to accommodate | ||||||
5 | additional indoor bus parking, and (v) purchasing new | ||||||
6 | transit buses. For the purpose of evidencing the | ||||||
7 | obligation of the Suburban Bus Board to repay any money | ||||||
8 | borrowed as provided in this subsection, the Suburban Bus | ||||||
9 | Board may issue revenue bonds from time to time pursuant | ||||||
10 | to ordinance adopted by the Suburban Bus Board, subject to | ||||||
11 | the approval of the Regional Transportation Authority of | ||||||
12 | each such issuance by the affirmative vote of 12 of its | ||||||
13 | then Directors; provided that the Suburban Bus Board may | ||||||
14 | not issue bonds for the purpose of financing the | ||||||
15 | acquisition, construction, or improvement of any facility | ||||||
16 | other than those listed in this subsection (e). All such | ||||||
17 | bonds shall be payable solely from the revenues or income | ||||||
18 | or any other funds that the Suburban Bus Board may | ||||||
19 | receive, provided that the Suburban Bus Board may not | ||||||
20 | pledge as security for such bonds the moneys, if any, that | ||||||
21 | the Suburban Bus Board receives from the Regional | ||||||
22 | Transportation Authority pursuant to Section 4.03.3(f) of | ||||||
23 | the Regional Transportation Authority Act. The bonds shall | ||||||
24 | bear interest at a rate not to exceed the maximum rate | ||||||
25 | authorized by the Bond Authorization Act and shall mature | ||||||
26 | at such time or times not exceeding 25 years from their |
| |||||||
| |||||||
1 | respective dates. Bonds issued pursuant to this paragraph | ||||||
2 | must be issued with scheduled principal or mandatory | ||||||
3 | redemption payments in equal amounts in each fiscal year | ||||||
4 | over the term of the bonds, with the first principal or | ||||||
5 | mandatory redemption payment scheduled within the fiscal | ||||||
6 | year in which bonds are issued or within the next | ||||||
7 | succeeding fiscal year. At least 25%, based on total | ||||||
8 | principal amount, of all bonds authorized pursuant to this | ||||||
9 | Section shall be sold pursuant to notice of sale and | ||||||
10 | public bid. No more than 75%, based on total principal | ||||||
11 | amount, of all bonds authorized pursuant to this Section | ||||||
12 | shall be sold by negotiated sale. The maximum principal | ||||||
13 | amount of the bonds that may be issued may not exceed | ||||||
14 | $100,000,000. The bonds shall have all the qualities of | ||||||
15 | negotiable instruments under the laws of this State. To | ||||||
16 | secure the payment of any or all of such bonds and for the | ||||||
17 | purpose of setting forth the covenants and undertakings of | ||||||
18 | the Suburban Bus Board in connection with the issuance | ||||||
19 | thereof and the issuance of any additional bonds payable | ||||||
20 | from such revenue or income as well as the use and | ||||||
21 | application of the revenue or income received by the | ||||||
22 | Suburban Bus Board, the Suburban Bus Board may execute and | ||||||
23 | deliver a trust agreement or agreements; provided that no | ||||||
24 | lien upon any physical property of the Suburban Bus Board | ||||||
25 | shall be created thereby. A remedy for any breach or | ||||||
26 | default of the terms of any such trust agreement by the |
| |||||||
| |||||||
1 | Suburban Bus Board may be by mandamus proceedings in any | ||||||
2 | court of competent jurisdiction to compel performance and | ||||||
3 | compliance therewith, but the trust agreement may | ||||||
4 | prescribe by whom or on whose behalf such action may be | ||||||
5 | instituted. Under no circumstances shall any bonds issued | ||||||
6 | by the Suburban Bus Board or any other obligation of the | ||||||
7 | Suburban Bus Board in connection with the issuance of such | ||||||
8 | bonds be or become an indebtedness or obligation of the | ||||||
9 | State of Illinois, the Regional Transportation Authority, | ||||||
10 | or any other political subdivision of or municipality | ||||||
11 | within the State, nor shall any such bonds or obligations | ||||||
12 | be or become an indebtedness of the Suburban Bus Board | ||||||
13 | within the purview of any constitutional limitation or | ||||||
14 | provision, and it shall be plainly stated on the face of | ||||||
15 | each bond that it does not constitute such an indebtedness | ||||||
16 | or obligation but is payable solely from the revenues or | ||||||
17 | income as aforesaid ; and . | ||||||
18 | (f) to adopt ordinances and make all rules and | ||||||
19 | regulations proper or necessary to regulate the use, | ||||||
20 | operation, and maintenance of its property and facilities | ||||||
21 | and to carry into effect the powers granted to the | ||||||
22 | Suburban Bus Board, with any necessary fines or penalties, | ||||||
23 | such as the suspension of riding privileges or | ||||||
24 | confiscation of fare media under Section 2.40, as the | ||||||
25 | Board deems proper. | ||||||
26 | (Source: P.A. 99-665, eff. 7-29-16.)
|
| |||||||
| |||||||
1 | (70 ILCS 3615/3B.09c new) | ||||||
2 | Sec. 3B.09c. Regulation of the use, operation, and | ||||||
3 | maintenance of property. The Chief of Police of the Metra | ||||||
4 | Police Department may make rules and regulations proper or | ||||||
5 | necessary to regulate the use, operation, and maintenance of | ||||||
6 | the property and facilities of the Commuter Rail Board and to | ||||||
7 | carry into effect the powers granted to the Chief by the | ||||||
8 | Commuter Rail Board, with any necessary fines or penalties, | ||||||
9 | such as the suspension of riding privileges or confiscation of | ||||||
10 | fare media under Section 2.40, that the Chief deems proper.
| ||||||
11 | (70 ILCS 3615/4.01) (from Ch. 111 2/3, par. 704.01)
| ||||||
12 | Sec. 4.01. Budget and Program.
| ||||||
13 | (a) The Board shall control the finances
of the Authority. | ||||||
14 | It shall by ordinance adopted by the affirmative vote of at | ||||||
15 | least 12 of its then Directors (i) appropriate money to | ||||||
16 | perform the
Authority's purposes and provide for payment of | ||||||
17 | debts and expenses of
the Authority, (ii) take action with | ||||||
18 | respect to the budget and two-year financial plan of each | ||||||
19 | Service Board, as provided in Section 4.11, and (iii) adopt an | ||||||
20 | Annual Budget and Two-Year Financial Plan for the Authority | ||||||
21 | that includes the annual budget and two-year financial plan of | ||||||
22 | each Service Board that has been approved by the Authority. | ||||||
23 | The Annual Budget and Two-Year Financial Plan
shall contain a | ||||||
24 | statement
of the funds estimated to be on hand for the |
| |||||||
| |||||||
1 | Authority and each Service Board at the beginning of the | ||||||
2 | fiscal
year, the funds estimated to be received from all | ||||||
3 | sources for such year, the estimated expenses and obligations | ||||||
4 | of the Authority and each Service Board for all purposes, | ||||||
5 | including expenses for contributions to be made with respect | ||||||
6 | to pension and other employee benefits,
and the funds | ||||||
7 | estimated to be on hand at the end of such year. The fiscal | ||||||
8 | year of the Authority and each Service Board shall
begin on | ||||||
9 | January 1st and end on the succeeding December 31st.
By July | ||||||
10 | 1st of each year the Director of the
Illinois
Governor's | ||||||
11 | Office of Management and Budget (formerly Bureau of the
| ||||||
12 | Budget) shall submit
to the Authority an estimate of revenues | ||||||
13 | for the next fiscal year of the Authority to be
collected from | ||||||
14 | the taxes imposed by the Authority and the amounts to be
| ||||||
15 | available in the Public Transportation Fund and the Regional | ||||||
16 | Transportation
Authority Occupation and Use Tax Replacement | ||||||
17 | Fund and the amounts otherwise to be appropriated by the State | ||||||
18 | to the Authority for its purposes. The Authority shall file a | ||||||
19 | copy of its Annual Budget and Two-Year Financial Plan with
the
| ||||||
20 | General Assembly and the Governor after its adoption. Before | ||||||
21 | the proposed Annual Budget and Two-Year Financial Plan
is | ||||||
22 | adopted, the Authority
shall hold at least one public hearing | ||||||
23 | thereon
in the metropolitan region, and shall meet
with the | ||||||
24 | county board or its designee of
each of the several counties in | ||||||
25 | the metropolitan region. After conducting
such hearings and | ||||||
26 | holding such meetings and after making such changes
in the |
| |||||||
| |||||||
1 | proposed Annual Budget and Two-Year Financial Plan
as the | ||||||
2 | Board deems appropriate, the
Board shall adopt its annual | ||||||
3 | appropriation and Annual Budget and Two-Year Financial Plan
| ||||||
4 | ordinance. The ordinance may be adopted
only upon the | ||||||
5 | affirmative votes of 12
of its then Directors. The
ordinance | ||||||
6 | shall appropriate such sums of money as are deemed necessary
| ||||||
7 | to defray all necessary expenses and obligations of the | ||||||
8 | Authority,
specifying purposes and the objects or programs for | ||||||
9 | which appropriations
are made and the amount appropriated for | ||||||
10 | each object or program.
Additional appropriations, transfers | ||||||
11 | between items and other changes in
such ordinance may be made | ||||||
12 | from time to time by the Board upon the
affirmative votes of 12
| ||||||
13 | of its then Directors.
| ||||||
14 | (b) The Annual Budget and Two-Year Financial Plan
shall | ||||||
15 | show a balance between anticipated revenues from
all sources | ||||||
16 | and anticipated expenses including funding of operating | ||||||
17 | deficits
or the discharge of encumbrances incurred in prior | ||||||
18 | periods and payment of
principal and interest when due, and | ||||||
19 | shall show cash balances sufficient
to pay with reasonable | ||||||
20 | promptness all obligations and expenses as incurred.
| ||||||
21 | The Annual Budget and Two-Year Financial Plan
must show: | ||||||
22 | (i) that the level of fares
and charges for mass | ||||||
23 | transportation provided by, or under grant or purchase
of | ||||||
24 | service contracts of, the Service Boards is sufficient to | ||||||
25 | cause the
aggregate of all projected fare revenues from | ||||||
26 | such fares and charges received
in each fiscal year to |
| |||||||
| |||||||
1 | equal at least 50% of the aggregate costs of providing
| ||||||
2 | such public transportation in such fiscal year. However, | ||||||
3 | due to the fiscal impacts of the COVID-19 pandemic, the | ||||||
4 | aggregate of all projected fare revenues from such fares | ||||||
5 | and charges received in fiscal years 2021, 2022, and 2023 , | ||||||
6 | 2024, and 2025 may be less than 50% of the aggregate costs | ||||||
7 | of providing such public transportation in those fiscal | ||||||
8 | years. "Fare revenues" include
the proceeds of all fares | ||||||
9 | and charges for services provided, contributions
received | ||||||
10 | in connection with public transportation from units of | ||||||
11 | local
government other than the Authority, except for | ||||||
12 | contributions received by the Chicago Transit Authority | ||||||
13 | from a real estate transfer tax imposed under subsection | ||||||
14 | (i) of Section 8-3-19 of the Illinois Municipal Code, and | ||||||
15 | from the State pursuant to subsection
(i) of Section | ||||||
16 | 2705-305 of the Department of Transportation Law (20 ILCS
| ||||||
17 | 2705/2705-305), and all other operating revenues properly | ||||||
18 | included consistent
with generally accepted accounting | ||||||
19 | principles but do not include: the proceeds
of any | ||||||
20 | borrowings, and, beginning with the 2007 fiscal year, all | ||||||
21 | revenues and receipts, including but not limited to fares | ||||||
22 | and grants received from the federal, State or any unit of | ||||||
23 | local government or other entity, derived from providing | ||||||
24 | ADA paratransit service pursuant to Section 2.30 of the | ||||||
25 | Regional Transportation Authority Act. "Costs" include all | ||||||
26 | items properly included as operating
costs consistent with |
| |||||||
| |||||||
1 | generally accepted accounting principles, including
| ||||||
2 | administrative costs, but do not include: depreciation; | ||||||
3 | payment of principal
and interest on bonds, notes or
other | ||||||
4 | evidences of obligation for borrowed money issued by the | ||||||
5 | Authority;
payments with respect to public transportation | ||||||
6 | facilities made pursuant
to subsection (b) of Section 2.20 | ||||||
7 | of this Act; any payments with respect
to rate protection | ||||||
8 | contracts, credit enhancements or liquidity agreements
| ||||||
9 | made under Section 4.14; any other cost to which it
is | ||||||
10 | reasonably expected that a cash expenditure
will not be | ||||||
11 | made; costs for passenger
security including grants, | ||||||
12 | contracts, personnel, equipment and
administrative | ||||||
13 | expenses, except in the case of the Chicago Transit
| ||||||
14 | Authority, in which case the term does not include costs | ||||||
15 | spent annually by
that entity for protection against crime | ||||||
16 | as required by Section 27a of the
Metropolitan Transit | ||||||
17 | Authority Act; the payment by the Chicago Transit | ||||||
18 | Authority of Debt Service, as defined in Section 12c of | ||||||
19 | the Metropolitan Transit Authority Act, on bonds or notes | ||||||
20 | issued pursuant to that Section; the payment by the | ||||||
21 | Commuter Rail Division of debt service on bonds issued | ||||||
22 | pursuant to Section 3B.09; expenses incurred by the | ||||||
23 | Suburban Bus Division for the cost of new public | ||||||
24 | transportation services funded from grants pursuant to | ||||||
25 | Section 2.01e of this amendatory Act of the 95th General | ||||||
26 | Assembly for a period of 2 years from the date of |
| |||||||
| |||||||
1 | initiation of each such service; costs as exempted by the | ||||||
2 | Board for
projects pursuant to Section 2.09 of this Act; | ||||||
3 | or, beginning with the 2007 fiscal year, expenses related | ||||||
4 | to providing ADA paratransit service pursuant to Section | ||||||
5 | 2.30 of the Regional Transportation Authority Act; and in | ||||||
6 | fiscal years 2008 through 2012 inclusive, costs in the | ||||||
7 | amount of $200,000,000 in fiscal year 2008, reducing by | ||||||
8 | $40,000,000 in each fiscal year thereafter until this | ||||||
9 | exemption is eliminated; and | ||||||
10 | (ii) that the level of fares charged for ADA | ||||||
11 | paratransit services is sufficient to cause the aggregate | ||||||
12 | of all projected revenues from such fares charged and | ||||||
13 | received in each fiscal year to equal at least 10% of the | ||||||
14 | aggregate costs of providing such ADA paratransit | ||||||
15 | services. However, due to the fiscal impacts of the | ||||||
16 | COVID-19 pandemic, the aggregate of all projected fare | ||||||
17 | revenues from such fares and charges received in fiscal | ||||||
18 | years 2021, 2022, and 2023 may be less than 10% of the | ||||||
19 | aggregate costs of providing such ADA paratransit services | ||||||
20 | in those fiscal years. For purposes of this Act, the | ||||||
21 | percentages in this subsection (b)(ii) shall be referred | ||||||
22 | to as the "system generated ADA paratransit services | ||||||
23 | revenue recovery ratio". For purposes of the system | ||||||
24 | generated ADA paratransit services revenue recovery ratio, | ||||||
25 | "costs" shall include all items properly included as | ||||||
26 | operating costs consistent with generally accepted |
| |||||||
| |||||||
1 | accounting principles. However, the Board may exclude from | ||||||
2 | costs an amount that does not exceed the allowable | ||||||
3 | "capital costs of contracting" for ADA paratransit | ||||||
4 | services pursuant to the Federal Transit Administration | ||||||
5 | guidelines for the Urbanized Area Formula Program.
| ||||||
6 | (b-5) Before fares and charges received in fiscal years | ||||||
7 | 2024 and 2025 may be less than 50% of the aggregate costs of | ||||||
8 | providing public transportation in those fiscal years under | ||||||
9 | item (i) of subsection (b), the Authority and Service Boards | ||||||
10 | must perform the actions required under this subsection. | ||||||
11 | The Authority and Service Boards must publish a monthly | ||||||
12 | comprehensive set of data regarding transit service and | ||||||
13 | safety. The data included shall include information to track | ||||||
14 | operations including: | ||||||
15 | (1) staffing levels, including numbers of budgeted | ||||||
16 | positions, current positions employed, hired staff, | ||||||
17 | attrition, staff in training, and absenteeism rates; | ||||||
18 | (2) scheduled service and delivered service, including | ||||||
19 | percentage of scheduled service delivered by day, service | ||||||
20 | by mode of transportation, service by route and rail line, | ||||||
21 | total number of revenue miles driven, excess wait times by | ||||||
22 | day, by mode of transportation, by bus route, and by stop. | ||||||
23 | The Authority and Service Boards shall also publish a | ||||||
24 | comparison of these measures to schedules and service | ||||||
25 | delivered in 2019; and | ||||||
26 | (3) safety on the system, including the number of |
| |||||||
| |||||||
1 | incidents of crime and code of conduct violations on | ||||||
2 | system, any performance measures used to evaluate the | ||||||
3 | effectiveness of investments in private security, safety | ||||||
4 | equipment, and other security investments in the system. | ||||||
5 | If no performance measures exist to evaluate the | ||||||
6 | effectiveness of these safety investments, the Service | ||||||
7 | Boards and Authority shall develop and publish these | ||||||
8 | performance measures. | ||||||
9 | The Authority and Service Boards shall solicit input and | ||||||
10 | ideas on publishing data on the service reliability, | ||||||
11 | operations, and safety of the system from the public and | ||||||
12 | groups representing transit riders, workers, and businesses. | ||||||
13 | The Authority shall submit to the General Assembly a | ||||||
14 | review of all reduced fare and ride-free programs administered | ||||||
15 | by the Authority and Service Boards. The Authority shall | ||||||
16 | include the total number of residents eligible for each | ||||||
17 | program and the percentage enrolled in the programs. The | ||||||
18 | Authority shall submit an accounting of the total cost of the | ||||||
19 | program, costs to increase the program, current sources of | ||||||
20 | funding for the program, and recommendations to increase | ||||||
21 | enrollment in current reduced fare and free-ride programs and | ||||||
22 | any other recommendations for improvements to the programs. | ||||||
23 | (c) The actual administrative expenses of the Authority | ||||||
24 | for the fiscal
year commencing January 1, 1985 may not exceed | ||||||
25 | $5,000,000.
The actual administrative expenses of the | ||||||
26 | Authority for the fiscal year
commencing January 1, 1986, and |
| |||||||
| |||||||
1 | for each fiscal year thereafter shall not
exceed the maximum | ||||||
2 | administrative expenses for the previous fiscal year plus
5%. | ||||||
3 | "Administrative
expenses" are defined for purposes of this | ||||||
4 | Section as all expenses except:
(1) capital expenses and | ||||||
5 | purchases of the Authority on behalf of the Service
Boards; | ||||||
6 | (2) payments to Service Boards; and (3) payment of principal
| ||||||
7 | and interest on bonds, notes or other evidence of obligation | ||||||
8 | for borrowed
money issued by the Authority; (4) costs for | ||||||
9 | passenger security including
grants, contracts, personnel, | ||||||
10 | equipment and administrative expenses; (5)
payments with | ||||||
11 | respect to public transportation facilities made pursuant to
| ||||||
12 | subsection (b) of Section 2.20 of this Act; and (6) any | ||||||
13 | payments with
respect to rate protection contracts, credit | ||||||
14 | enhancements or liquidity
agreements made pursuant to Section | ||||||
15 | 4.14.
| ||||||
16 | (d) This subsection applies only until the Department | ||||||
17 | begins administering and enforcing an increased tax under | ||||||
18 | Section 4.03(m) as authorized by this amendatory Act of the | ||||||
19 | 95th General Assembly. After withholding 15% of the proceeds | ||||||
20 | of any tax imposed by the
Authority and 15% of money received | ||||||
21 | by the Authority from the Regional
Transportation Authority | ||||||
22 | Occupation and Use Tax Replacement Fund,
the Board shall | ||||||
23 | allocate the proceeds and money remaining to the Service
| ||||||
24 | Boards as follows: (1) an amount equal to 85% of the proceeds | ||||||
25 | of those
taxes collected within the City of Chicago and 85% of | ||||||
26 | the money received by
the Authority on account of transfers to |
| |||||||
| |||||||
1 | the Regional Transportation
Authority Occupation and Use Tax | ||||||
2 | Replacement Fund from the County and Mass
Transit District | ||||||
3 | Fund attributable to retail sales within the City of
Chicago | ||||||
4 | shall be allocated to the Chicago Transit
Authority; (2) an | ||||||
5 | amount equal to 85% of the proceeds of those taxes
collected | ||||||
6 | within Cook County outside the City of Chicago and 85% of the
| ||||||
7 | money received by the Authority on account of transfers to the | ||||||
8 | Regional
Transportation Authority Occupation and Use Tax | ||||||
9 | Replacement Fund from the
County and Mass Transit District | ||||||
10 | Fund attributable to retail sales within
Cook County outside | ||||||
11 | of the city of Chicago shall be allocated
30% to the Chicago | ||||||
12 | Transit Authority, 55% to the Commuter Rail Board and
15% to | ||||||
13 | the Suburban Bus Board; and (3) an amount equal to 85% of the
| ||||||
14 | proceeds of the taxes collected within the Counties of DuPage, | ||||||
15 | Kane, Lake,
McHenry and Will shall be allocated 70% to the | ||||||
16 | Commuter Rail Board and 30%
to the Suburban Bus Board.
| ||||||
17 | (e) This subsection applies only until the Department | ||||||
18 | begins administering and enforcing an increased tax under | ||||||
19 | Section 4.03(m) as authorized by this amendatory Act of the | ||||||
20 | 95th General Assembly. Moneys received by the Authority on | ||||||
21 | account of transfers to the
Regional Transportation Authority | ||||||
22 | Occupation and Use Tax Replacement Fund
from the State and | ||||||
23 | Local Sales Tax Reform Fund shall be
allocated among the | ||||||
24 | Authority and the Service Boards as follows: 15% of
such | ||||||
25 | moneys shall be retained by the Authority and the remaining | ||||||
26 | 85%
shall be transferred to the Service Boards as soon as may |
| |||||||
| |||||||
1 | be
practicable after the Authority receives payment. Moneys | ||||||
2 | which are
distributable to the Service Boards pursuant to the | ||||||
3 | preceding sentence
shall be allocated among the Service Boards | ||||||
4 | on the basis of each Service
Board's distribution ratio. The | ||||||
5 | term "distribution ratio" means,
for purposes of this | ||||||
6 | subsection (e) of this Section 4.01, the ratio of
the total | ||||||
7 | amount distributed to a Service Board pursuant to subsection | ||||||
8 | (d)
of Section 4.01 for the immediately preceding calendar | ||||||
9 | year to the total
amount distributed to all of the Service | ||||||
10 | Boards pursuant to subsection (d)
of Section 4.01 for the | ||||||
11 | immediately preceding calendar year.
| ||||||
12 | (f) To carry out its duties and responsibilities under | ||||||
13 | this Act,
the Board shall employ staff which shall: (1) | ||||||
14 | propose for adoption by the Board of the Authority rules for | ||||||
15 | the Service Boards that establish (i) forms and schedules to | ||||||
16 | be used and information required to be provided with respect | ||||||
17 | to a five-year capital program, annual budgets, and two-year | ||||||
18 | financial plans and regular reporting of actual results | ||||||
19 | against adopted budgets and financial plans, (ii) financial | ||||||
20 | practices to be followed in the budgeting and expenditure of | ||||||
21 | public funds, (iii) assumptions and projections that must be | ||||||
22 | followed in preparing and submitting its annual budget and | ||||||
23 | two-year financial plan or a five-year capital program; (2) | ||||||
24 | evaluate for
the Board public transportation programs operated | ||||||
25 | or proposed by
the Service Boards and
transportation agencies | ||||||
26 | in terms of the goals and objectives set out in the Strategic |
| |||||||
| |||||||
1 | Plan; (3)
keep the Board and the public informed of the extent | ||||||
2 | to which the Service Boards and transportation agencies are | ||||||
3 | meeting the goals and objectives adopted by the Authority in | ||||||
4 | the Strategic Plan; and (4) assess the efficiency or adequacy | ||||||
5 | of public transportation services provided by a Service Board | ||||||
6 | and make recommendations for change in that service
to the end | ||||||
7 | that the moneys
available to the Authority may be
expended in | ||||||
8 | the most economical manner possible with the least possible
| ||||||
9 | duplication. | ||||||
10 | (g) All
Service Boards, transportation agencies, | ||||||
11 | comprehensive planning agencies, including the Chicago | ||||||
12 | Metropolitan Agency for Planning, or
transportation planning | ||||||
13 | agencies in the metropolitan region shall
furnish to the | ||||||
14 | Authority
such information pertaining to public
transportation | ||||||
15 | or relevant for plans therefor as it may from time to time
| ||||||
16 | require. The Executive Director, or his or her designee, | ||||||
17 | shall, for the purpose of
securing any such information | ||||||
18 | necessary or appropriate to carry out any of the powers and | ||||||
19 | responsibilities of the Authority under this Act, have access | ||||||
20 | to, and the right to examine, all
books, documents, papers or | ||||||
21 | records of a Service Board or any transportation
agency | ||||||
22 | receiving funds from the Authority
or Service Board, and such | ||||||
23 | Service Board or transportation agency shall comply with any | ||||||
24 | request by the Executive Director, or his or her designee, | ||||||
25 | within 30 days or an extended time provided by the Executive | ||||||
26 | Director.
|
| |||||||
| |||||||
1 | (h) No Service Board shall undertake any capital | ||||||
2 | improvement which is not identified in the Five-Year Capital | ||||||
3 | Program.
| ||||||
4 | (i) Each Service Board shall furnish to the Board access | ||||||
5 | to its financial information including, but not limited to, | ||||||
6 | audits and reports. The Board shall have real-time access to | ||||||
7 | the financial information of the Service Boards; however, the | ||||||
8 | Board shall be granted read-only access to the Service Board's | ||||||
9 | financial information. | ||||||
10 | (Source: P.A. 102-678, eff. 12-10-21.)
| ||||||
11 | Section 90. The State Mandates Act is amended by adding | ||||||
12 | Section 8.47 as follows:
| ||||||
13 | (30 ILCS 805/8.47 new) | ||||||
14 | Sec. 8.47. Exempt mandate. Notwithstanding Sections 6 and | ||||||
15 | 8 of this Act, no reimbursement by the State is required for | ||||||
16 | the implementation of the mandate created by Section 2.10a of | ||||||
17 | the Regional Transportation Authority Act in this amendatory | ||||||
18 | Act of the 103rd General Assembly.
| ||||||
19 | Section 99. Effective date. This Section and Sections 2.41 | ||||||
20 | and 2.42 of the Regional Transportation Authority Act take | ||||||
21 | effect upon becoming law.".
|