Bill Amendment: IL HB2335 | 2025-2026 | 104th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: VEH CD-VARIOUS
Status: 2026-06-26 - Sent to the Governor [HB2335 Detail]
Download: Illinois-2025-HB2335-Senate_Amendment_003.html
Bill Title: VEH CD-VARIOUS
Status: 2026-06-26 - Sent to the Governor [HB2335 Detail]
Download: Illinois-2025-HB2335-Senate_Amendment_003.html
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| 1 | AMENDMENT TO HOUSE BILL 2335 | ||||||
| 2 | AMENDMENT NO. ______. Amend House Bill 2335, AS AMENDED, | ||||||
| 3 | by replacing everything after the enacting clause with the | ||||||
| 4 | following: | ||||||
| 5 | "Section 5. The State Officials and Employees Ethics Act | ||||||
| 6 | is amended by changing Section 75-10 as follows: | ||||||
| 7 | (5 ILCS 430/75-10) | ||||||
| 8 | Sec. 75-10. Coordination between Executive Inspector | ||||||
| 9 | General and Inspectors General appointed by Regional Transit | ||||||
| 10 | Boards. | ||||||
| 11 | (a) Nothing in this amendatory Act of the 96th General | ||||||
| 12 | Assembly precludes a Regional Transit Board from appointing or | ||||||
| 13 | employing an Inspector General to serve under the jurisdiction | ||||||
| 14 | of a Regional Transit Board to receive complaints and conduct | ||||||
| 15 | investigations in accordance with an ordinance or resolution | ||||||
| 16 | adopted by that respective Board, provided he or she is | ||||||
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| 1 | approved by the Executive Ethics Commission. A Regional | ||||||
| 2 | Transit Board shall notify the Executive Ethics Commission | ||||||
| 3 | within 10 days after employing or appointing a person to serve | ||||||
| 4 | as Inspector General, and the Executive Ethics Commission | ||||||
| 5 | shall approve or reject the appointment or employment of the | ||||||
| 6 | Inspector General. Any notification not acted upon by the | ||||||
| 7 | Executive Ethics Commission within 60 days after its receipt | ||||||
| 8 | shall be deemed to have received the approval of the Executive | ||||||
| 9 | Ethics Commission. Within 30 days after the effective date of | ||||||
| 10 | this amendatory Act of the 96th General Assembly, a Regional | ||||||
| 11 | Transit Board shall notify the Executive Ethics Commission of | ||||||
| 12 | any person serving on the effective date of this amendatory | ||||||
| 13 | Act as an Inspector General for the Regional Transit Board, | ||||||
| 14 | and the Executive Ethics Commission shall approve or reject | ||||||
| 15 | the appointment or employment within 30 days after receipt of | ||||||
| 16 | the notification, provided that any notification not acted | ||||||
| 17 | upon by the Executive Ethics Commission within 30 days shall | ||||||
| 18 | be deemed to have received approval. No person rejected by the | ||||||
| 19 | Executive Ethics Commission shall serve as an Inspector | ||||||
| 20 | General for a Regional Transit Board for a term of 5 years | ||||||
| 21 | after being rejected by the Commission. For purposes of this | ||||||
| 22 | subsection (a), any person appointed or employed by a Transit | ||||||
| 23 | Board to receive complaints and investigate allegations of | ||||||
| 24 | fraud, waste, abuse, mismanagement, misconduct, nonfeasance, | ||||||
| 25 | misfeasance, malfeasance, or violations of this Act shall be | ||||||
| 26 | considered an Inspector General and shall be subject to | ||||||
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| 1 | approval of the Executive Ethics Commission. | ||||||
| 2 | (b) The Executive Inspector General appointed by the | ||||||
| 3 | Governor shall have exclusive jurisdiction to investigate | ||||||
| 4 | complaints or allegations of violations of this Act and, in | ||||||
| 5 | his or her discretion, may investigate other complaints or | ||||||
| 6 | allegations. Unless created by statute, no Regional Transit | ||||||
| 7 | Board or Regional Development Authority shall create or retain | ||||||
| 8 | an investigative body that investigates matters under the | ||||||
| 9 | Executive Inspector General's jurisdiction. Complaints or | ||||||
| 10 | allegations of a violation of this Act received by a Regional | ||||||
| 11 | Transit Board or by an Inspector General appointed or employed | ||||||
| 12 | by a Regional Transit Board shall be immediately referred to | ||||||
| 13 | the Executive Inspector General. The Executive Inspector | ||||||
| 14 | General shall have authority to assume responsibility and | ||||||
| 15 | investigate any complaint or allegation received by a Regional | ||||||
| 16 | Transit Board or by an Inspector General appointed or employed | ||||||
| 17 | by a Regional Transit Board. In the event the Executive | ||||||
| 18 | Inspector General provides written notification of intent to | ||||||
| 19 | assume investigatory responsibility for a complaint, | ||||||
| 20 | allegation, or ongoing investigation, the Regional Transit | ||||||
| 21 | Board, or the Inspector General appointed or employed by a | ||||||
| 22 | Regional Transit Board shall cease review of the complaint, | ||||||
| 23 | allegation, or ongoing investigation and provide all | ||||||
| 24 | information to the Executive Inspector General. The Executive | ||||||
| 25 | Inspector General may delegate responsibility for an | ||||||
| 26 | investigation to a Regional Transit Board or the Inspector | ||||||
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| 1 | General appointed or employed by a Regional Transit Board. In | ||||||
| 2 | the event the Executive Inspector General provides a Regional | ||||||
| 3 | Transit Board or an Inspector General appointed or employed by | ||||||
| 4 | a Regional Transit Board with written notification of intent | ||||||
| 5 | to delegate investigatory responsibility for a complaint, | ||||||
| 6 | allegation, or ongoing investigation, the Executive Inspector | ||||||
| 7 | General shall provide all information, unless confidential | ||||||
| 8 | pursuant to this Act, to the Regional Transit Board or its | ||||||
| 9 | designee or to the Inspector General appointed or employed by | ||||||
| 10 | a Regional Transit Board. | ||||||
| 11 | (c) The Regional Transit Boards and an An Inspector | ||||||
| 12 | General appointed or employed by a Regional Transit Board | ||||||
| 13 | shall provide a monthly activity report to the Executive | ||||||
| 14 | Inspector General indicating: | ||||||
| 15 | (1) the total number of complaints or allegations | ||||||
| 16 | received since the date of the last report and a | ||||||
| 17 | description of each complaint; | ||||||
| 18 | (2) the number of investigations pending as of the | ||||||
| 19 | reporting date and the status of each investigation; | ||||||
| 20 | (3) the number of investigations concluded since the | ||||||
| 21 | date of the last report and the result of each | ||||||
| 22 | investigation; and | ||||||
| 23 | (4) the status of any investigation delegated by the | ||||||
| 24 | Executive Inspector General. | ||||||
| 25 | The Regional Transit Boards and an An Inspector General | ||||||
| 26 | appointed or employed by a Regional Transit Board and the | ||||||
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| 1 | Executive Inspector General shall cooperate and share | ||||||
| 2 | resources or information as necessary to implement the | ||||||
| 3 | provisions of this Article. | ||||||
| 4 | (d) Reports filed under this Section are exempt from the | ||||||
| 5 | Freedom of Information Act and shall be deemed confidential. | ||||||
| 6 | Investigatory files and reports prepared by the Office of the | ||||||
| 7 | Executive Inspector General and the Office of an Inspector | ||||||
| 8 | General appointed or employed by a Regional Transit Board may | ||||||
| 9 | be disclosed between the Offices as necessary to implement the | ||||||
| 10 | provisions of this Article. | ||||||
| 11 | (e) This Section does not prohibit a Regional Transit | ||||||
| 12 | Board from reviewing its practices, policies, performance, or | ||||||
| 13 | personnel for the purposes of improving its operations or | ||||||
| 14 | ensuring compliance with applicable laws. | ||||||
| 15 | (Source: P.A. 104-457, eff. 6-1-26.) | ||||||
| 16 | Section 10. The Department of Transportation Law of the | ||||||
| 17 | Civil Administrative Code of Illinois is amended by changing | ||||||
| 18 | Sections 2705-203, 2705-594, and 2705-598 as follows: | ||||||
| 19 | (20 ILCS 2705/2705-203) | ||||||
| 20 | Sec. 2705-203. Transportation asset management plan and | ||||||
| 21 | performance-based programming. | ||||||
| 22 | (a) The General Assembly declares it to be in the public | ||||||
| 23 | interest that a project prioritization process be developed | ||||||
| 24 | and implemented to: improve the efficiency and effectiveness | ||||||
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| 1 | of the State's transportation system and transportation | ||||||
| 2 | safety; enhance movement and multi-modal connections of people | ||||||
| 3 | and goods; mitigate environmental impacts; and promote | ||||||
| 4 | inclusive economic growth throughout the State. | ||||||
| 5 | (b) In accordance with Section 2705-200, the Department of | ||||||
| 6 | Transportation shall develop and publish a statewide | ||||||
| 7 | multi-modal transportation improvement program for all | ||||||
| 8 | transportation facilities under its jurisdiction. The | ||||||
| 9 | development of the program shall use the following methods: | ||||||
| 10 | (1) use transportation system information to make | ||||||
| 11 | investment and policy decisions to achieve statewide and | ||||||
| 12 | regional performance goals established in the State's | ||||||
| 13 | long-range transportation plan; | ||||||
| 14 | (2) ensure transportation investment decisions emerge | ||||||
| 15 | from an objective and quantifiable technical analysis; | ||||||
| 16 | (3) evaluate the need and financial support necessary | ||||||
| 17 | for maintaining, expanding, and modernizing existing | ||||||
| 18 | transportation infrastructure; | ||||||
| 19 | (4) ensure that all State transportation funds | ||||||
| 20 | invested are directed to support progress toward the | ||||||
| 21 | achievement of performance targets established in the | ||||||
| 22 | State's long-range transportation plan; | ||||||
| 23 | (5) make investment decisions transparent and | ||||||
| 24 | accessible to the public; | ||||||
| 25 | (6) consider emissions and increase infrastructure | ||||||
| 26 | resilience to climate change; and | ||||||
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| 1 | (7) reduce disparities in transportation system | ||||||
| 2 | performance experienced by racially marginalized | ||||||
| 3 | communities, low-income to moderate-income consumers, and | ||||||
| 4 | other disadvantaged groups and populations identified | ||||||
| 5 | under the Environmental Justice Act; and . | ||||||
| 6 | (8) evaluate project potential for mode shift away | ||||||
| 7 | from single-occupancy vehicles and commercial motor | ||||||
| 8 | vehicles. | ||||||
| 9 | (c) The Department shall develop a risk-based, statewide | ||||||
| 10 | highway system asset management plan in accordance with 23 | ||||||
| 11 | U.S.C. 119 and 23 CFR Part 515 to preserve and improve the | ||||||
| 12 | condition of highway and bridge assets and enhance the | ||||||
| 13 | performance of the system while minimizing the life-cycle | ||||||
| 14 | cost. The asset management plan shall be made publicly | ||||||
| 15 | available on the Department's website. | ||||||
| 16 | (d) The Department shall develop a needs-based transit | ||||||
| 17 | asset management plan for State-supported public | ||||||
| 18 | transportation assets, including vehicles, facilities, | ||||||
| 19 | equipment, and other infrastructure in accordance with 49 CFR | ||||||
| 20 | Part 625. The goal of the transit asset management plan is to | ||||||
| 21 | preserve and modernize capital transit assets that will | ||||||
| 22 | enhance the performance of the transit system. Federally | ||||||
| 23 | required transit asset management plans developed by the | ||||||
| 24 | Northern Illinois Transit Authority or Service Boards, as | ||||||
| 25 | defined in Section 1.03 of the Northern Illinois Transit | ||||||
| 26 | Authority Act, shall become the transportation asset | ||||||
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| 1 | management plans for all public transportation assets owned | ||||||
| 2 | and operated by the Service Boards. The Department's transit | ||||||
| 3 | asset management plan shall be made publicly available on the | ||||||
| 4 | Department's website. The Northern Illinois Transit Authority | ||||||
| 5 | shall be responsible for making public transit asset | ||||||
| 6 | management plans for its service area publicly available. | ||||||
| 7 | (e) The Department shall develop a performance-based | ||||||
| 8 | project selection process to prioritize taxpayer investment in | ||||||
| 9 | State-owned transportation assets that add capacity. The goal | ||||||
| 10 | of the process is to select projects through an evaluation | ||||||
| 11 | process. This process shall provide the ability to prioritize | ||||||
| 12 | projects based on geographic regions. The Department shall | ||||||
| 13 | solicit input from localities, metropolitan planning | ||||||
| 14 | organizations, transit authorities, transportation | ||||||
| 15 | authorities, representatives of labor and private businesses, | ||||||
| 16 | the public, community-based organizations, and other | ||||||
| 17 | stakeholders in its development of the prioritization process | ||||||
| 18 | pursuant to this subsection. | ||||||
| 19 | The selection process shall include a defined public | ||||||
| 20 | process by which candidate projects are evaluated and | ||||||
| 21 | selected. The process shall include both a quantitative | ||||||
| 22 | analysis of the evaluation factors and qualitative review by | ||||||
| 23 | the Department. The Department may apply different weights to | ||||||
| 24 | the performance measures based on regional geography or | ||||||
| 25 | project type. Projects selected as part of the process will be | ||||||
| 26 | considered for inclusion in the State's multi-year | ||||||
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| 1 | transportation program and the annual element of the | ||||||
| 2 | multi-year program. Starting April 1, 2022, no new capacity | ||||||
| 3 | project shall be included in the multi-year transportation | ||||||
| 4 | plan or annual element without being evaluated under the | ||||||
| 5 | selection process described in this Section. Existing projects | ||||||
| 6 | in the multi-year highway improvement program may be included | ||||||
| 7 | regardless of the outcome of using the performance-based | ||||||
| 8 | project selection tool. The policies that guide the | ||||||
| 9 | performance-based project selection process shall be derived | ||||||
| 10 | from State and regional long-range transportation plans. The | ||||||
| 11 | Department shall certify that it is making progress toward the | ||||||
| 12 | goals included in the State's long-range transportation plan. | ||||||
| 13 | All plan and program development based on the project | ||||||
| 14 | selection process described in this subsection shall include | ||||||
| 15 | consideration of regional balance. The selection process shall | ||||||
| 16 | be based on an objective and quantifiable analysis that | ||||||
| 17 | considers, at a minimum, the goals identified in the | ||||||
| 18 | long-range transportation plan and shall: | ||||||
| 19 | (1) consider emissions and increase infrastructure | ||||||
| 20 | resilience due to climate change; | ||||||
| 21 | (2) reduce disparities in transportation system | ||||||
| 22 | performance experienced by racially marginalized | ||||||
| 23 | communities, low-income to moderate-income consumers, and | ||||||
| 24 | other disadvantaged groups and populations identified | ||||||
| 25 | under the Environmental Justice Act; and | ||||||
| 26 | (3) evaluate project potential for mode shift away | ||||||
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| 1 | from single-occupancy vehicles and commercial motor | ||||||
| 2 | vehicles. | ||||||
| 3 | (f) The prioritization process developed under subsection | ||||||
| 4 | (e) may apply only to State jurisdiction projects and not to: | ||||||
| 5 | (1) projects funded by the Congestion Mitigation and | ||||||
| 6 | Air Quality Improvement funds apportioned to the State | ||||||
| 7 | pursuant to 23 U.S.C. 104(b)(4) and State matching funds; | ||||||
| 8 | (2) projects funded by the Highway Safety Improvement | ||||||
| 9 | Program funds apportioned to the State pursuant to 23 | ||||||
| 10 | U.S.C. 104(b)(3) and State matching funds; | ||||||
| 11 | (3) projects funded by the Transportation Alternatives | ||||||
| 12 | funds set-aside pursuant to 23 U.S.C. 133(h) and State | ||||||
| 13 | matching funds; | ||||||
| 14 | (4) projects funded by the National Highway Freight | ||||||
| 15 | Program pursuant to 23 U.S.C. 167 and State matching | ||||||
| 16 | funds; | ||||||
| 17 | (5) funds to be allocated to urban areas based on | ||||||
| 18 | population under federal law; and | ||||||
| 19 | (6) any new federal program that requires competitive | ||||||
| 20 | selection, distribution to local public agencies, or | ||||||
| 21 | specific eligibility. | ||||||
| 22 | (g) A summary of the project evaluation process, measures, | ||||||
| 23 | program, and scores for all candidate projects shall be | ||||||
| 24 | published on the Department website in a timely manner. | ||||||
| 25 | (Source: P.A. 104-457, eff. 6-1-26.) | ||||||
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| 1 | (20 ILCS 2705/2705-594) | ||||||
| 2 | (This Section may contain text from a Public Act with a | ||||||
| 3 | delayed effective date) | ||||||
| 4 | (Section scheduled to be repealed on January 1, 2030) | ||||||
| 5 | Sec. 2705-594. Transit Integration Policy Development | ||||||
| 6 | Committee. | ||||||
| 7 | (a) The Transit Integration Policy Development Committee | ||||||
| 8 | is created within the Department to better integrate transit | ||||||
| 9 | policy, planning, and design into Department decisions and | ||||||
| 10 | highway planning and design. The Committee shall consist of | ||||||
| 11 | the following members: | ||||||
| 12 | (1) the Secretary or the Secretary's designee; | ||||||
| 13 | (2) representatives of the Department that are | ||||||
| 14 | involved in highway or intermodal project implementation, | ||||||
| 15 | design, planning, or programming, as designated by the | ||||||
| 16 | Secretary; and | ||||||
| 17 | (3) transportation experts from outside the | ||||||
| 18 | Department, including, but not limited to, staff of a | ||||||
| 19 | metropolitan planning organization or local transportation | ||||||
| 20 | department, as designated by the Secretary. | ||||||
| 21 | (b) The Committee shall recommend new policies and | ||||||
| 22 | processes or shall review and recommend revisions to existing | ||||||
| 23 | policies and processes for: | ||||||
| 24 | (1) identifying existing, planned, and potential | ||||||
| 25 | future transit corridors; | ||||||
| 26 | (2) soliciting in a timely fashion and evaluating | ||||||
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| 1 | feedback from local transit agencies and local governments | ||||||
| 2 | as it pertains to Department projects on existing, | ||||||
| 3 | planned, and potential future transit corridors; | ||||||
| 4 | (3) coordinating with local transit authorities, | ||||||
| 5 | intercity bus operators, and local governments on the | ||||||
| 6 | delivery of bus rapid transit and bus priority projects; | ||||||
| 7 | (4) incorporating designing for transit vehicles and | ||||||
| 8 | intercity buses on highway projects in the Department's | ||||||
| 9 | Design and Environment Manual, including design to | ||||||
| 10 | facilitate bus-on-shoulder operations; and | ||||||
| 11 | (5) developing a cost and maintenance policy for | ||||||
| 12 | construction and maintenance of future facilities in | ||||||
| 13 | partnership with transit agencies. | ||||||
| 14 | (c) The Committee shall research global best practices on | ||||||
| 15 | optimizing roadways for public transportation services. | ||||||
| 16 | (d) The Committee shall consult with highway and transit | ||||||
| 17 | experts, transit users, and other individuals and groups with | ||||||
| 18 | knowledge and experience on how to optimize roadways for | ||||||
| 19 | public transportation service. | ||||||
| 20 | (e) The Department shall implement policies and processes | ||||||
| 21 | based on recommendations developed by the Transit Integration | ||||||
| 22 | Policy Development Committee under subsection (b) and shall | ||||||
| 23 | publish, by January 1, 2028 2027, a report on the | ||||||
| 24 | modifications to the Department's policies and procedures | ||||||
| 25 | based on input from the Transit Integration Policy Development | ||||||
| 26 | Committee. The report shall include the Department's | ||||||
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| 1 | identification of statutory provisions that the Department | ||||||
| 2 | believes make it difficult or impossible for the Department to | ||||||
| 3 | implement its recommended best practices for optimizing its | ||||||
| 4 | highways for public transit service and users. | ||||||
| 5 | (f) The Transit Integration Policy Development Committee | ||||||
| 6 | shall review and evaluate the Department's implementation of | ||||||
| 7 | policies and processes created or revised under subsection | ||||||
| 8 | (f). The Committee shall publish a report on the status of the | ||||||
| 9 | Department's implementation of these policies and procedures | ||||||
| 10 | by January 1, 2030. | ||||||
| 11 | (g) This Section is repealed January 1, 2030. | ||||||
| 12 | (Source: P.A. 104-457, eff. 6-1-26.) | ||||||
| 13 | (20 ILCS 2705/2705-598) | ||||||
| 14 | (This Section may contain text from a Public Act with a | ||||||
| 15 | delayed effective date) | ||||||
| 16 | Sec. 2705-598. Planning study on improvements needed at | ||||||
| 17 | the Joliet train station. By December 1, 2030, the The | ||||||
| 18 | Department shall conduct a planning study on improvements | ||||||
| 19 | needed at the Joliet train station for potential extensions of | ||||||
| 20 | passenger rail service to Peoria and other locations outside | ||||||
| 21 | of the counties of Cook, DuPage, Kane, Lake, McHenry, and | ||||||
| 22 | Will. | ||||||
| 23 | (Source: P.A. 104-457, eff. 6-1-26.) | ||||||
| 24 | Section 15. The State Finance Act is amended by changing | ||||||
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| 1 | Sections 5d, 6c, and 8.3 as follows: | ||||||
| 2 | (30 ILCS 105/5d) (from Ch. 127, par. 141d) | ||||||
| 3 | Sec. 5d. Except as provided by Section 5e of this Act, the | ||||||
| 4 | State Construction Account Fund shall be used exclusively for | ||||||
| 5 | the construction, reconstruction and maintenance of the State | ||||||
| 6 | maintained highway system. Except as provided by Section 5e of | ||||||
| 7 | this Act, none of the money deposited in the State | ||||||
| 8 | Construction Account Fund shall be used to pay the cost of | ||||||
| 9 | administering the Motor Fuel Tax Law as now or hereafter | ||||||
| 10 | amended, nor be appropriated for use by the Department of | ||||||
| 11 | Transportation to pay the cost of its operations or | ||||||
| 12 | administration, nor be used in any manner for the payment of | ||||||
| 13 | regular or contractual employees of the State, nor be | ||||||
| 14 | transferred or allocated by the Comptroller and Treasurer or | ||||||
| 15 | be otherwise used, except for the sole purpose of | ||||||
| 16 | construction, reconstruction and maintenance of the State | ||||||
| 17 | maintained highway system as the Illinois General Assembly | ||||||
| 18 | shall provide by appropriation from this fund. Beginning with | ||||||
| 19 | the month immediately following the effective date of this | ||||||
| 20 | amendatory Act of 1985, investment income which is | ||||||
| 21 | attributable to the investment of moneys of the State | ||||||
| 22 | Construction Account Fund shall be retained in that fund for | ||||||
| 23 | the uses specified in this Section. Beginning July 1, 2026, of | ||||||
| 24 | the investment income which is attributable to the investment | ||||||
| 25 | of moneys of the State Construction Account Fund, 90% 85% | ||||||
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| 1 | shall be deposited into the Northern Illinois Transit | ||||||
| 2 | Authority Capital Improvement Fund and 10% 15% shall be | ||||||
| 3 | deposited into the Downstate Mass Transportation Capital | ||||||
| 4 | Improvement Fund. | ||||||
| 5 | (Source: P.A. 104-457, eff. 6-1-26.) | ||||||
| 6 | (30 ILCS 105/6c) (from Ch. 127, par. 142c) | ||||||
| 7 | Sec. 6c. All fees and other money received by the Division | ||||||
| 8 | of Highways of the Department of Transportation shall, upon | ||||||
| 9 | being paid into the State treasury, be placed in the Road Fund. | ||||||
| 10 | After the effective date of this amendatory Act of 1980, | ||||||
| 11 | investment income which is attributable to the investment of | ||||||
| 12 | moneys of the Road Fund shall be retained in the Road Fund. | ||||||
| 13 | Beginning July 1, 2026, of the investment income which is | ||||||
| 14 | attributable to the investment of moneys of the Road Fund, 90% | ||||||
| 15 | shall be deposited into the Northern Illinois Transit | ||||||
| 16 | Authority Capital Improvement Fund and 10% shall be deposited | ||||||
| 17 | into the Downstate Mass Transportation Capital Improvement | ||||||
| 18 | Fund. | ||||||
| 19 | (Source: P.A. 81-1550.) | ||||||
| 20 | (30 ILCS 105/8.3) | ||||||
| 21 | Sec. 8.3. Money in the Road Fund shall, if and when the | ||||||
| 22 | State of Illinois incurs any bonded indebtedness for the | ||||||
| 23 | construction of permanent highways, be set aside and used for | ||||||
| 24 | the purpose of paying and discharging annually the principal | ||||||
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| 1 | and interest on that bonded indebtedness then due and payable, | ||||||
| 2 | and for no other purpose. The surplus, if any, in the Road Fund | ||||||
| 3 | after the payment of principal and interest on that bonded | ||||||
| 4 | indebtedness then annually due shall be used as follows: | ||||||
| 5 | first -- to pay the cost of administration of Chapters | ||||||
| 6 | 2 through 10 of the Illinois Vehicle Code, except the cost | ||||||
| 7 | of administration of Articles I and II of Chapter 3 of that | ||||||
| 8 | Code, and to pay the costs of the Executive Ethics | ||||||
| 9 | Commission for oversight and administration of the Chief | ||||||
| 10 | Procurement Officer appointed under paragraph (2) of | ||||||
| 11 | subsection (a) of Section 10-20 of the Illinois | ||||||
| 12 | Procurement Code for transportation; and | ||||||
| 13 | secondly -- for expenses of the Department of | ||||||
| 14 | Transportation for construction, reconstruction, | ||||||
| 15 | improvement, repair, maintenance, operation, and | ||||||
| 16 | administration of highways in accordance with the | ||||||
| 17 | provisions of laws relating thereto, or for any purpose | ||||||
| 18 | related or incident to and connected therewith, including | ||||||
| 19 | the separation of grades of those highways with railroads | ||||||
| 20 | and with highways and including the payment of awards made | ||||||
| 21 | by the Illinois Workers' Compensation Commission under the | ||||||
| 22 | terms of the Workers' Compensation Act or Workers' | ||||||
| 23 | Occupational Diseases Act for injury or death of an | ||||||
| 24 | employee of the Division of Highways in the Department of | ||||||
| 25 | Transportation; or for the acquisition of land and the | ||||||
| 26 | erection of buildings for highway purposes, including the | ||||||
| |||||||
| |||||||
| 1 | acquisition of highway right-of-way or for investigations | ||||||
| 2 | to determine the reasonably anticipated future highway | ||||||
| 3 | needs; or for making of surveys, plans, specifications and | ||||||
| 4 | estimates for and in the construction and maintenance of | ||||||
| 5 | flight strips and of highways necessary to provide access | ||||||
| 6 | to military and naval reservations, to defense industries | ||||||
| 7 | and defense-industry sites, and to the sources of raw | ||||||
| 8 | materials and for replacing existing highways and highway | ||||||
| 9 | connections shut off from general public use at military | ||||||
| 10 | and naval reservations and defense-industry sites, or for | ||||||
| 11 | the purchase of right-of-way, except that the State shall | ||||||
| 12 | be reimbursed in full for any expense incurred in building | ||||||
| 13 | the flight strips; or for the operating and maintaining of | ||||||
| 14 | highway garages; or for patrolling and policing the public | ||||||
| 15 | highways and conserving the peace; or for the operating | ||||||
| 16 | expenses of the Department relating to the administration | ||||||
| 17 | of public transportation programs; Northern Illinois | ||||||
| 18 | Transit or, during fiscal year 2025, for the purposes of a | ||||||
| 19 | grant not to exceed $10,020,000 to the Northern Illinois | ||||||
| 20 | Transit Authority on behalf of PACE for the purpose of | ||||||
| 21 | ADA/Para-transit expenses; or, during fiscal year 2026, | ||||||
| 22 | for the purposes of a grant not to exceed $11,500,000 to | ||||||
| 23 | the Regional Transportation Authority on behalf of PACE | ||||||
| 24 | for the purpose of ADA/Para-transit expenses; or for any | ||||||
| 25 | of those purposes or any other purpose that may be | ||||||
| 26 | provided by law. | ||||||
| |||||||
| |||||||
| 1 | Appropriations for any of those purposes are payable from | ||||||
| 2 | the Road Fund. Appropriations may also be made from the Road | ||||||
| 3 | Fund for the administrative expenses of any State agency that | ||||||
| 4 | are related to motor vehicles or arise from the use of motor | ||||||
| 5 | vehicles. | ||||||
| 6 | Beginning with fiscal year 1980 and thereafter, no Road | ||||||
| 7 | Fund monies shall be appropriated to the following Departments | ||||||
| 8 | or agencies of State government for administration, grants, or | ||||||
| 9 | operations; but this limitation is not a restriction upon | ||||||
| 10 | appropriating for those purposes any Road Fund monies that are | ||||||
| 11 | eligible for federal reimbursement: | ||||||
| 12 | 1. Department of Public Health; | ||||||
| 13 | 2. Department of Transportation, only with respect to | ||||||
| 14 | subsidies for one-half fare Student Transportation and | ||||||
| 15 | Reduced Fare for Elderly, except fiscal year 2025 when no | ||||||
| 16 | more than $20,969,900 may be expended and except fiscal | ||||||
| 17 | year 2026 when no more than $23,067,000 may be expended; | ||||||
| 18 | 3. Department of Central Management Services, except | ||||||
| 19 | for expenditures incurred for group insurance premiums of | ||||||
| 20 | appropriate personnel; | ||||||
| 21 | 4. Judicial Systems and Agencies. | ||||||
| 22 | Beginning with fiscal year 1981 and thereafter, no Road | ||||||
| 23 | Fund monies shall be appropriated to the following Departments | ||||||
| 24 | or agencies of State government for administration, grants, or | ||||||
| 25 | operations; but this limitation is not a restriction upon | ||||||
| 26 | appropriating for those purposes any Road Fund monies that are | ||||||
| |||||||
| |||||||
| 1 | eligible for federal reimbursement: | ||||||
| 2 | 1. Illinois State Police, except for expenditures with | ||||||
| 3 | respect to the Division of Patrol and Division of Criminal | ||||||
| 4 | Investigation; | ||||||
| 5 | 2. Department of Transportation, only with respect to | ||||||
| 6 | Intercity Rail Subsidies, except fiscal year 2025 when no | ||||||
| 7 | more than $67,000,000 may be expended and except fiscal | ||||||
| 8 | year 2026 when no more than $76,000,000 may be expended, | ||||||
| 9 | and Rail Freight Services. | ||||||
| 10 | Beginning with fiscal year 1982 and thereafter, no Road | ||||||
| 11 | Fund monies shall be appropriated to the following Departments | ||||||
| 12 | or agencies of State government for administration, grants, or | ||||||
| 13 | operations; but this limitation is not a restriction upon | ||||||
| 14 | appropriating for those purposes any Road Fund monies that are | ||||||
| 15 | eligible for federal reimbursement: Department of Central | ||||||
| 16 | Management Services, except for awards made by the Illinois | ||||||
| 17 | Workers' Compensation Commission under the terms of the | ||||||
| 18 | Workers' Compensation Act or Workers' Occupational Diseases | ||||||
| 19 | Act for injury or death of an employee of the Division of | ||||||
| 20 | Highways in the Department of Transportation. | ||||||
| 21 | Beginning with fiscal year 1984 and thereafter, no Road | ||||||
| 22 | Fund monies shall be appropriated to the following Departments | ||||||
| 23 | or agencies of State government for administration, grants, or | ||||||
| 24 | operations; but this limitation is not a restriction upon | ||||||
| 25 | appropriating for those purposes any Road Fund monies that are | ||||||
| 26 | eligible for federal reimbursement: | ||||||
| |||||||
| |||||||
| 1 | 1. Illinois State Police, except not more than 40% of | ||||||
| 2 | the funds appropriated for the Division of Patrol and | ||||||
| 3 | Division of Criminal Investigation; | ||||||
| 4 | 2. State Officers. | ||||||
| 5 | Beginning with fiscal year 1984 and thereafter, no Road | ||||||
| 6 | Fund monies shall be appropriated to any Department or agency | ||||||
| 7 | of State government for administration, grants, or operations | ||||||
| 8 | except as provided hereafter; but this limitation is not a | ||||||
| 9 | restriction upon appropriating for those purposes any Road | ||||||
| 10 | Fund monies that are eligible for federal reimbursement. It | ||||||
| 11 | shall not be lawful to circumvent the above appropriation | ||||||
| 12 | limitations by governmental reorganization or other methods. | ||||||
| 13 | Appropriations shall be made from the Road Fund only in | ||||||
| 14 | accordance with the provisions of this Section. | ||||||
| 15 | Money in the Road Fund shall, if and when the State of | ||||||
| 16 | Illinois incurs any bonded indebtedness for the construction | ||||||
| 17 | of permanent highways, be set aside and used for the purpose of | ||||||
| 18 | paying and discharging during each fiscal year the principal | ||||||
| 19 | and interest on that bonded indebtedness as it becomes due and | ||||||
| 20 | payable as provided in the General Obligation Bond Act, and | ||||||
| 21 | for no other purpose. The surplus, if any, in the Road Fund | ||||||
| 22 | after the payment of principal and interest on that bonded | ||||||
| 23 | indebtedness then annually due shall be used as follows: | ||||||
| 24 | first -- to pay the cost of administration of Chapters | ||||||
| 25 | 2 through 10 of the Illinois Vehicle Code; and | ||||||
| 26 | secondly -- no Road Fund monies derived from fees, | ||||||
| |||||||
| |||||||
| 1 | excises, or license taxes relating to registration, | ||||||
| 2 | operation and use of vehicles on public highways or to | ||||||
| 3 | fuels used for the propulsion of those vehicles, shall be | ||||||
| 4 | appropriated or expended other than for costs of | ||||||
| 5 | administering the laws imposing those fees, excises, and | ||||||
| 6 | license taxes, statutory refunds and adjustments allowed | ||||||
| 7 | thereunder, administrative costs of the Department of | ||||||
| 8 | Transportation, including, but not limited to, the | ||||||
| 9 | operating expenses of the Department relating to the | ||||||
| 10 | administration of public transportation programs, payment | ||||||
| 11 | of debts and liabilities incurred in construction and | ||||||
| 12 | reconstruction of public highways and bridges, acquisition | ||||||
| 13 | of rights-of-way for and the cost of construction, | ||||||
| 14 | reconstruction, maintenance, repair, and operation of | ||||||
| 15 | public highways and bridges under the direction and | ||||||
| 16 | supervision of the State, political subdivision, or | ||||||
| 17 | municipality collecting those monies, Northern Illinois | ||||||
| 18 | Transit or during fiscal year 2025 for the purposes of a | ||||||
| 19 | grant not to exceed $10,020,000 to the Northern Illinois | ||||||
| 20 | Transit Authority on behalf of PACE for the purpose of | ||||||
| 21 | ADA/Para-transit expenses, or during fiscal year 2026 for | ||||||
| 22 | the purposes of a grant not to exceed $11,500,000 to the | ||||||
| 23 | Regional Transportation Authority on behalf of PACE for | ||||||
| 24 | the purpose of ADA/Para-transit expenses, and the costs | ||||||
| 25 | for patrolling and policing the public highways (by the | ||||||
| 26 | State, political subdivision, or municipality collecting | ||||||
| |||||||
| |||||||
| 1 | that money) for enforcement of traffic laws. The | ||||||
| 2 | separation of grades of such highways with railroads and | ||||||
| 3 | costs associated with protection of at-grade highway and | ||||||
| 4 | railroad crossing shall also be permissible. | ||||||
| 5 | Appropriations for any of such purposes are payable from | ||||||
| 6 | the Road Fund or the Grade Crossing Protection Fund as | ||||||
| 7 | provided in Section 8 of the Motor Fuel Tax Law. | ||||||
| 8 | Except as provided in this paragraph, beginning with | ||||||
| 9 | fiscal year 1991 and thereafter, no Road Fund monies shall be | ||||||
| 10 | appropriated to the Illinois State Police for the purposes of | ||||||
| 11 | this Section in excess of its total fiscal year 1990 Road Fund | ||||||
| 12 | appropriations for those purposes unless otherwise provided in | ||||||
| 13 | Section 5g of this Act. For fiscal years 2003, 2004, 2005, | ||||||
| 14 | 2006, and 2007 only, no Road Fund monies shall be appropriated | ||||||
| 15 | to the Department of State Police for the purposes of this | ||||||
| 16 | Section in excess of $97,310,000. For fiscal year 2008 only, | ||||||
| 17 | no Road Fund monies shall be appropriated to the Department of | ||||||
| 18 | State Police for the purposes of this Section in excess of | ||||||
| 19 | $106,100,000. For fiscal year 2009 only, no Road Fund monies | ||||||
| 20 | shall be appropriated to the Department of State Police for | ||||||
| 21 | the purposes of this Section in excess of $114,700,000. | ||||||
| 22 | Beginning in fiscal year 2010, no Road Fund moneys shall be | ||||||
| 23 | appropriated to the Illinois State Police. It shall not be | ||||||
| 24 | lawful to circumvent this limitation on appropriations by | ||||||
| 25 | governmental reorganization or other methods unless otherwise | ||||||
| 26 | provided in Section 5g of this Act. | ||||||
| ||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||
| 1 | In fiscal year 1994, no Road Fund monies shall be | |||||||||||||||||||||||||||||||||
| 2 | appropriated to the Secretary of State for the purposes of | |||||||||||||||||||||||||||||||||
| 3 | this Section in excess of the total fiscal year 1991 Road Fund | |||||||||||||||||||||||||||||||||
| 4 | appropriations to the Secretary of State for those purposes, | |||||||||||||||||||||||||||||||||
| 5 | plus $9,800,000. It shall not be lawful to circumvent this | |||||||||||||||||||||||||||||||||
| 6 | limitation on appropriations by governmental reorganization or | |||||||||||||||||||||||||||||||||
| 7 | other method. | |||||||||||||||||||||||||||||||||
| 8 | Beginning with fiscal year 1995 and thereafter, no Road | |||||||||||||||||||||||||||||||||
| 9 | Fund monies shall be appropriated to the Secretary of State | |||||||||||||||||||||||||||||||||
| 10 | for the purposes of this Section in excess of the total fiscal | |||||||||||||||||||||||||||||||||
| 11 | year 1994 Road Fund appropriations to the Secretary of State | |||||||||||||||||||||||||||||||||
| 12 | for those purposes. It shall not be lawful to circumvent this | |||||||||||||||||||||||||||||||||
| 13 | limitation on appropriations by governmental reorganization or | |||||||||||||||||||||||||||||||||
| 14 | other methods. | |||||||||||||||||||||||||||||||||
| 15 | Beginning with fiscal year 2000, total Road Fund | |||||||||||||||||||||||||||||||||
| 16 | appropriations to the Secretary of State for the purposes of | |||||||||||||||||||||||||||||||||
| 17 | this Section shall not exceed the amounts specified for the | |||||||||||||||||||||||||||||||||
| 18 | following fiscal years: | |||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||
| ||||||||||
| ||||||||||
| ||||||||||
| 3 | For fiscal year 2010, no road fund moneys shall be | |||||||||
| 4 | appropriated to the Secretary of State. | |||||||||
| 5 | Beginning in fiscal year 2011, moneys in the Road Fund | |||||||||
| 6 | shall be appropriated to the Secretary of State for the | |||||||||
| 7 | exclusive purpose of paying refunds due to overpayment of fees | |||||||||
| 8 | related to Chapter 3 of the Illinois Vehicle Code unless | |||||||||
| 9 | otherwise provided for by law. | |||||||||
| 10 | Beginning in fiscal year 2025, moneys in the Road Fund may | |||||||||
| 11 | be appropriated to the Environmental Protection Agency for the | |||||||||
| 12 | exclusive purpose of making deposits into the Electric Vehicle | |||||||||
| 13 | Rebate and Charging Fund, subject to appropriation, to be used | |||||||||
| 14 | for purposes consistent with Section 11 of Article IX of the | |||||||||
| 15 | Illinois Constitution. | |||||||||
| 16 | In fiscal year 2026, in addition to any other uses | |||||||||
| 17 | permitted by law, moneys in the Road Fund may be used, subject | |||||||||
| 18 | to appropriation, by the Department of Transportation for | |||||||||
| 19 | grants to port districts for the purpose of making | |||||||||
| 20 | infrastructure improvements consistent with Section 11 of | |||||||||
| 21 | Article IX of the Illinois Constitution. | |||||||||
| 22 | Notwithstanding any provision of law to the contrary, | |||||||||
| 23 | beginning in Fiscal Year 2027, any interest earned on monies | |||||||||
| 24 | in the Road Fund and the State Construction Account Fund shall | |||||||||
| 25 | be dedicated to public transportation construction | |||||||||
| 26 | improvements or debt service. Of the interest earned on moneys | |||||||||
| |||||||
| |||||||
| 1 | in the Road Fund and the State Construction Account Fund on or | ||||||
| 2 | after July 1, 2026, 90% shall be deposited into the Northern | ||||||
| 3 | Illinois Transit Capital Improvement Fund to be used by the | ||||||
| 4 | Northern Illinois Transit Authority for construction | ||||||
| 5 | improvements and 10% shall be deposited into the Downstate | ||||||
| 6 | Mass Transportation Capital Improvement Fund to be used by | ||||||
| 7 | participants in the Downstate Public Transportation Fund, | ||||||
| 8 | other than the Northern Illinois Transit Authority, for | ||||||
| 9 | construction improvements. There shall be a transfer of | ||||||
| 10 | $5,000,000 from the Downstate Transit Improvement Fund to an | ||||||
| 11 | airport operated under the University of Illinois Airport Act. | ||||||
| 12 | Beginning in Fiscal Year 2027, the Department shall issue a | ||||||
| 13 | biennial semi-annual call for projects for the this program | ||||||
| 14 | funded by the interest earned on moneys in the Road Fund and | ||||||
| 15 | State Construction Account Fund and deposited into the | ||||||
| 16 | Downstate Mass Transportation Capital Improvement Fund. | ||||||
| 17 | It shall not be lawful to circumvent this limitation on | ||||||
| 18 | appropriations by governmental reorganization or other | ||||||
| 19 | methods. | ||||||
| 20 | No new program may be initiated in fiscal year 1991 and | ||||||
| 21 | thereafter that is not consistent with the limitations imposed | ||||||
| 22 | by this Section for fiscal year 1984 and thereafter, insofar | ||||||
| 23 | as appropriation of Road Fund monies is concerned. | ||||||
| 24 | Nothing in this Section prohibits transfers from the Road | ||||||
| 25 | Fund to the State Construction Account Fund under Section 5e | ||||||
| 26 | of this Act; nor to the General Revenue Fund, as authorized by | ||||||
| |||||||
| |||||||
| 1 | Public Act 93-25. | ||||||
| 2 | The additional amounts authorized for expenditure in this | ||||||
| 3 | Section by Public Acts 92-0600, 93-0025, 93-0839, and 94-91 | ||||||
| 4 | shall be repaid to the Road Fund from the General Revenue Fund | ||||||
| 5 | in the next succeeding fiscal year that the General Revenue | ||||||
| 6 | Fund has a positive budgetary balance, as determined by | ||||||
| 7 | generally accepted accounting principles applicable to | ||||||
| 8 | government. | ||||||
| 9 | The additional amounts authorized for expenditure by the | ||||||
| 10 | Secretary of State and the Department of State Police in this | ||||||
| 11 | Section by Public Act 94-91 shall be repaid to the Road Fund | ||||||
| 12 | from the General Revenue Fund in the next succeeding fiscal | ||||||
| 13 | year that the General Revenue Fund has a positive budgetary | ||||||
| 14 | balance, as determined by generally accepted accounting | ||||||
| 15 | principles applicable to government. | ||||||
| 16 | (Source: P.A. 103-8, eff. 6-7-23; 103-34, eff. 1-1-24; | ||||||
| 17 | 103-588, eff. 6-5-24; 103-605, eff. 7-1-24; 103-616, eff. | ||||||
| 18 | 7-1-24; 104-2, eff. 6-16-25; 104-417, eff. 8-15-25; 104-457, | ||||||
| 19 | eff. 6-1-26; 104-458, eff. 6-1-26; revised 1-12-26.) | ||||||
| 20 | Section 20. The Illinois Procurement Code is amended by | ||||||
| 21 | changing Section 20-25.3 as follows: | ||||||
| 22 | (30 ILCS 500/20-25.3) | ||||||
| 23 | (This Section may contain text from a Public Act with a | ||||||
| 24 | delayed effective date) | ||||||
| |||||||
| |||||||
| 1 | Sec. 20-25.3. Procurement of transition consultant by the | ||||||
| 2 | Department of Transportation. | ||||||
| 3 | (a) Notwithstanding any other provision of this Code or | ||||||
| 4 | any law to the contrary, the Department of Transportation | ||||||
| 5 | shall identify a method of source selection that will make it | ||||||
| 6 | possible to procure and contract with a consultant to assist | ||||||
| 7 | with the transition from the Regional Transportation Authority | ||||||
| 8 | to the Northern Illinois Transit Authority as set out in | ||||||
| 9 | Section 1.04 of the Northern Illinois Transit Authority Act. | ||||||
| 10 | The source selection method identified by the Department of | ||||||
| 11 | Transportation is not limited to those otherwise set forth in | ||||||
| 12 | this Code. The transition consultant shall assist the | ||||||
| 13 | Department of Transportation and the interim Northern Illinois | ||||||
| 14 | Transit Authority Board to develop a transition plan, | ||||||
| 15 | including the transition of functions between the Service | ||||||
| 16 | Boards and the Authority, the evaluation of existing policy | ||||||
| 17 | processes, and the development of a process for efficient and | ||||||
| 18 | effective operations by both the Northern Illinois Transit | ||||||
| 19 | Authority and the Service Boards. | ||||||
| 20 | (b) The method of source selection shall be by an | ||||||
| 21 | expedited, competitive process approved by the Chief | ||||||
| 22 | Procurement Officer appointed under paragraph (4) of | ||||||
| 23 | subsection (a) of Section 10-20. | ||||||
| 24 | (c) All potential contractors shall be registered in the | ||||||
| 25 | Illinois Procurement Gateway vendor portal prior to contract | ||||||
| 26 | execution. | ||||||
| |||||||
| |||||||
| 1 | (d) Except for Sections 5-5, 5-7, 10-10, 20-75, 20-80, | ||||||
| 2 | 20-120, 20-155, 20-160, and 25-60, paragraph (5) of subsection | ||||||
| 3 | (b) of Section 15-25, and Article 50 and any rules adopted | ||||||
| 4 | under those Sections and Article, this Code does not apply to | ||||||
| 5 | procurements required by this Section, notwithstanding any | ||||||
| 6 | other provision of this Code or any law to the contrary. | ||||||
| 7 | (e) This Section is inoperative 2 years after the | ||||||
| 8 | effective date of this amendatory Act of the 104th General | ||||||
| 9 | Assembly. | ||||||
| 10 | (Source: P.A. 104-457, eff. 6-1-26.) | ||||||
| 11 | Section 25. The Downstate Public Transportation Act is | ||||||
| 12 | amended by changing Sections 2-2.03, 2-7, 2-15, 3-1.03, and | ||||||
| 13 | 4-1.11 as follows: | ||||||
| 14 | (30 ILCS 740/2-2.03) (from Ch. 111 2/3, par. 662.03) | ||||||
| 15 | Sec. 2-2.03. "Operating deficits" means the amount by | ||||||
| 16 | which eligible operating expenses exceed revenue from fares, | ||||||
| 17 | reduced fare reimbursements, rental of properties, | ||||||
| 18 | advertising, and any other amounts collected and received by a | ||||||
| 19 | provider of public transportation, which, under standard | ||||||
| 20 | accounting practices, are properly classified as operating | ||||||
| 21 | revenue or operating income attributable to providing public | ||||||
| 22 | transportation and revenue from any federal financial | ||||||
| 23 | assistance received by the participant to defray operating | ||||||
| 24 | expenses or deficits. For purposes of determining operating | ||||||
| |||||||
| |||||||
| 1 | deficits, local effort from local taxes or its equivalent | ||||||
| 2 | shall not be included as operating revenue or operating | ||||||
| 3 | income. Provided, however, under the provisions of this Act | ||||||
| 4 | with respect to any operating deficit incurred by any | ||||||
| 5 | Metro-East Transit District participant, such operating | ||||||
| 6 | deficits shall be limited solely to those arising out of | ||||||
| 7 | operations within the State of Illinois. | ||||||
| 8 | (Source: P.A. 86-590.) | ||||||
| 9 | (30 ILCS 740/2-7) (from Ch. 111 2/3, par. 667) | ||||||
| 10 | Sec. 2-7. Quarterly reports; annual audit. | ||||||
| 11 | (a) Any Metro-East Transit District participant shall, no | ||||||
| 12 | later than 60 days following the end of each quarter of any | ||||||
| 13 | fiscal year, file with the Department on forms provided by the | ||||||
| 14 | Department for that purpose, a report of the actual operating | ||||||
| 15 | deficit experienced during that quarter. The Department shall, | ||||||
| 16 | upon receipt of the quarterly report, determine whether the | ||||||
| 17 | operating deficits were incurred in conformity with the | ||||||
| 18 | program of proposed expenditures and services approved by the | ||||||
| 19 | Department pursuant to Section 2-11. Any Metro-East District | ||||||
| 20 | may either monthly or quarterly for any fiscal year file a | ||||||
| 21 | request for the participant's eligible share, as allocated in | ||||||
| 22 | accordance with Section 2-6, of the amounts transferred into | ||||||
| 23 | the Metro-East Public Transportation Fund. | ||||||
| 24 | (b) Each participant other than any Metro-East Transit | ||||||
| 25 | District participant shall, 30 days before the end of each | ||||||
| |||||||
| |||||||
| 1 | quarter, file with the Department on forms provided by the | ||||||
| 2 | Department for such purposes a report of the projected | ||||||
| 3 | eligible operating expenses to be incurred in the next quarter | ||||||
| 4 | and 30 days before the third and fourth quarters of any fiscal | ||||||
| 5 | year a statement of actual eligible operating expenses | ||||||
| 6 | incurred in the preceding quarters. Except as otherwise | ||||||
| 7 | provided in subsection (b-5), within 45 days of receipt by the | ||||||
| 8 | Department of such quarterly report, the Comptroller shall | ||||||
| 9 | order paid and the Treasurer shall pay from the Downstate | ||||||
| 10 | Public Transportation Fund to each participant an amount equal | ||||||
| 11 | to one-third of such participant's eligible operating | ||||||
| 12 | expenses; provided, however, that in Fiscal Year 1997, the | ||||||
| 13 | amount paid to each participant from the Downstate Public | ||||||
| 14 | Transportation Fund shall be an amount equal to 47% of such | ||||||
| 15 | participant's eligible operating expenses and shall be | ||||||
| 16 | increased to 49% in Fiscal Year 1998, 51% in Fiscal Year 1999, | ||||||
| 17 | 53% in Fiscal Year 2000, 55% in Fiscal Years 2001 through 2007, | ||||||
| 18 | 65% in Fiscal Years 2008 through 2026, and 80% in Fiscal Year | ||||||
| 19 | 2027 and thereafter; however, in any year that a participant | ||||||
| 20 | receives funding under subsection (i) of Section 2705-305 of | ||||||
| 21 | the Department of Transportation Law (20 ILCS 2705/2705-305), | ||||||
| 22 | that participant shall be eligible only for assistance equal | ||||||
| 23 | to the following percentage of its eligible operating | ||||||
| 24 | expenses: 42% in Fiscal Year 1997, 44% in Fiscal Year 1998, 46% | ||||||
| 25 | in Fiscal Year 1999, 48% in Fiscal Year 2000, and 50% in Fiscal | ||||||
| 26 | Year 2001 and thereafter. Any such payment for the third and | ||||||
| |||||||
| |||||||
| 1 | fourth quarters of any fiscal year shall be adjusted to | ||||||
| 2 | reflect actual eligible operating expenses for preceding | ||||||
| 3 | quarters of such fiscal year. However, no participant shall | ||||||
| 4 | receive an amount less than that which was received in the | ||||||
| 5 | immediate prior year, provided in the event of a shortfall in | ||||||
| 6 | the fund those participants receiving less than their full | ||||||
| 7 | allocation pursuant to Section 2-6 of this Article shall be | ||||||
| 8 | the first participants to receive an amount not less than that | ||||||
| 9 | received in the immediate prior year. | ||||||
| 10 | (b-5) (Blank). | ||||||
| 11 | (b-10) On July 1, 2008, each participant shall receive an | ||||||
| 12 | appropriation in an amount equal to 65% of its fiscal year 2008 | ||||||
| 13 | eligible operating expenses adjusted by the annual 10% | ||||||
| 14 | increase required by Section 2-2.04 of this Act. In no case | ||||||
| 15 | shall any participant receive an appropriation that is less | ||||||
| 16 | than its fiscal year 2008 appropriation. Every fiscal year | ||||||
| 17 | thereafter, each participant's appropriation shall increase by | ||||||
| 18 | 10% over the appropriation established for the preceding | ||||||
| 19 | fiscal year as required by Section 2-2.04 of this Act. | ||||||
| 20 | (b-11) Beginning July 1, 2026, and every fiscal year | ||||||
| 21 | thereafter, if the participant's expenditures in the | ||||||
| 22 | immediately preceding fiscal year are equal to or greater than | ||||||
| 23 | 85% of the amounts appropriated to the participant in the | ||||||
| 24 | immediately preceding fiscal year, then the participant's | ||||||
| 25 | appropriation shall increase by an amount equal to the | ||||||
| 26 | year-over-year percentage increase in revenue deposited into | ||||||
| |||||||
| |||||||
| 1 | the Downstate Public Transportation Fund. If there was a | ||||||
| 2 | year-over-year reduction in the revenue deposited into the | ||||||
| 3 | Fund, then each participant's appropriation shall be no more | ||||||
| 4 | than the previous fiscal year's appropriation. | ||||||
| 5 | (b-15) Beginning on July 1, 2007, and for each fiscal year | ||||||
| 6 | thereafter, each participant shall maintain a minimum local | ||||||
| 7 | share contribution (from farebox and all other local revenues) | ||||||
| 8 | equal to the actual amount provided in Fiscal Year 2006 or, for | ||||||
| 9 | new recipients, an amount equivalent to the local share | ||||||
| 10 | provided in the first year of participation. The local share | ||||||
| 11 | contribution shall be reduced by an amount equal to the total | ||||||
| 12 | amount of lost revenue for services provided under Section | ||||||
| 13 | 2-15.2 and Section 2-15.3 of this Act. | ||||||
| 14 | (b-20) Any participant in the Downstate Public | ||||||
| 15 | Transportation Fund may use State operating assistance funding | ||||||
| 16 | pursuant to this Section to provide transportation services | ||||||
| 17 | within any county that is contiguous to its territorial | ||||||
| 18 | boundaries as defined by the Department and subject to | ||||||
| 19 | Departmental approval. Any such contiguous-area service | ||||||
| 20 | provided by a participant after July 1, 2007 must meet the | ||||||
| 21 | requirements of subsection (a) of Section 2-5.1. | ||||||
| 22 | (c) No later than 180 days following the last day of the | ||||||
| 23 | participant's Fiscal Year each participant shall provide the | ||||||
| 24 | Department with an audit prepared by a Certified Public | ||||||
| 25 | Accountant covering that Fiscal Year. For those participants | ||||||
| 26 | other than a Metro-East Transit District, any discrepancy | ||||||
| |||||||
| |||||||
| 1 | between the funds paid and the percentage of the eligible | ||||||
| 2 | operating expenses provided for by paragraph (b) of this | ||||||
| 3 | Section shall be reconciled by appropriate payment or credit. | ||||||
| 4 | In the case of any Metro-East Transit District, any amount of | ||||||
| 5 | payments from the Metro-East Public Transportation Fund which | ||||||
| 6 | exceed the eligible deficit of the participant shall be | ||||||
| 7 | reconciled by appropriate payment or credit. | ||||||
| 8 | (d) Upon the Department's final reconciliation | ||||||
| 9 | determination that identifies a discrepancy between the | ||||||
| 10 | Downstate Operating Assistance Program funds paid and the | ||||||
| 11 | percentage of the eligible operating expenses which results in | ||||||
| 12 | a reimbursement payment due to the Department, the participant | ||||||
| 13 | shall remit the reimbursement payment to the Department no | ||||||
| 14 | later than 90 days after written notification. | ||||||
| 15 | (e) Funds received by the Department from participants for | ||||||
| 16 | reimbursement as a result of an overpayment from a prior State | ||||||
| 17 | fiscal year shall be deposited into the Downstate Public | ||||||
| 18 | Transportation Fund in the fiscal year in which they are | ||||||
| 19 | received and all unspent funds shall roll to following fiscal | ||||||
| 20 | years. | ||||||
| 21 | (f) Upon the Department's final reconciliation | ||||||
| 22 | determination that identifies a discrepancy between the | ||||||
| 23 | Downstate Operating Assistance Program funds paid and the | ||||||
| 24 | percentage of the eligible operating expenses which results in | ||||||
| 25 | a reimbursement payment due to the participant, the Department | ||||||
| 26 | shall remit the reimbursement payment to the participant no | ||||||
| |||||||
| |||||||
| 1 | later than 90 days after written notifications. | ||||||
| 2 | (Source: P.A. 103-154, eff. 6-30-23; 104-457, eff. 6-1-26.) | ||||||
| 3 | (30 ILCS 740/2-15) (from Ch. 111 2/3, par. 675.1) | ||||||
| 4 | Sec. 2-15. Residual fund balance. | ||||||
| 5 | (a) Except as otherwise provided in this Section, all | ||||||
| 6 | funds that remain in the Downstate Public Transportation Fund | ||||||
| 7 | or the Metro-East Public Transportation Fund after the payment | ||||||
| 8 | of the fourth quarterly payment to participants other than | ||||||
| 9 | Metro-East Transit District participants and the last monthly | ||||||
| 10 | payment to Metro-East Transit participants in each fiscal year | ||||||
| 11 | shall be transferred to the Downstate Transit Improvement Fund | ||||||
| 12 | for fiscal year 2026 and each fiscal year thereafter. | ||||||
| 13 | Transfers shall be made no later than 90 days after the end of | ||||||
| 14 | the fiscal year. However, an amount the Department determines | ||||||
| 15 | to be necessary for allocation to participants for the | ||||||
| 16 | purposes of Section 2-7 for the first quarter of the | ||||||
| 17 | succeeding fiscal year and an amount equal to 2% of the total | ||||||
| 18 | allocations to participants in the immediately preceding | ||||||
| 19 | fiscal year to be used for the purpose of audit adjustments | ||||||
| 20 | shall be retained in the Funds to be used by the Department for | ||||||
| 21 | those purposes. Beginning fiscal year 2010, all moneys each | ||||||
| 22 | year in the Downstate Transit Improvement Fund, held solely | ||||||
| 23 | for the benefit of the participants in the Downstate Public | ||||||
| 24 | Transportation Fund and shall be appropriated to the | ||||||
| 25 | Department to make competitive capital grants to the | ||||||
| |||||||
| |||||||
| 1 | participants of the respective funds, except that a portion of | ||||||
| 2 | the total residual fund balance remaining in the Downstate | ||||||
| 3 | Transit Improvement Fund after the completion of Fiscal Year | ||||||
| 4 | 2026 and every year thereafter may be used by the Department | ||||||
| 5 | for intercity rail capital projects for connectivity between | ||||||
| 6 | downstate communities and Chicago, including routes to new | ||||||
| 7 | destinations. Beginning in Fiscal Year 2026, the Department of | ||||||
| 8 | Transportation may issue an annual notice of funding | ||||||
| 9 | opportunity for intercity rail capital projects that may | ||||||
| 10 | include, but are not limited to, station upgrades, grade | ||||||
| 11 | separations, and planning studies for new destinations. The | ||||||
| 12 | amount used from this fund for intercity rail capital projects | ||||||
| 13 | may not exceed $342,000,000. However, such amount as the | ||||||
| 14 | Department determines to be necessary for (1) allocation to | ||||||
| 15 | participants for the purposes of Section 2-7 for the first | ||||||
| 16 | quarter of the succeeding fiscal year and (2) an amount equal | ||||||
| 17 | to 2% of the total allocations to participants in the fiscal | ||||||
| 18 | year just ended to be used for the purpose of audit adjustments | ||||||
| 19 | shall be retained in such Funds to be used by the Department | ||||||
| 20 | for such purposes. Notwithstanding any other provision of law, | ||||||
| 21 | for Fiscal Year 2027, the sum of $3,750,000, or so much of that | ||||||
| 22 | amount as may be necessary, may be appropriated from the | ||||||
| 23 | Downstate Transit Improvement Fund to the Department of | ||||||
| 24 | Transportation to make a grant to the Springfield Airport | ||||||
| 25 | Authority for the purpose of supporting daily commercial air | ||||||
| 26 | service between Springfield and Chicago O'Hare International | ||||||
| |||||||
| |||||||
| 1 | Airport in order to facilitate State operations in the Capital | ||||||
| 2 | City. | ||||||
| 3 | (b) Notwithstanding any other provision of law, in | ||||||
| 4 | addition to any other transfers that may be provided by law, on | ||||||
| 5 | July 1, 2011, or as soon thereafter as practical, the State | ||||||
| 6 | Comptroller shall direct and the State Treasurer shall | ||||||
| 7 | transfer the remaining balance from the Metro East Public | ||||||
| 8 | Transportation Fund into the General Revenue Fund. Upon | ||||||
| 9 | completion of the transfers, the Metro East Public | ||||||
| 10 | Transportation Fund is dissolved, and any future deposits due | ||||||
| 11 | to that Fund and any outstanding obligations or liabilities of | ||||||
| 12 | that Fund pass to the General Revenue Fund. | ||||||
| 13 | (c) If necessary, the Department of Transportation may | ||||||
| 14 | notify the Comptroller of a projected deficit in the Downstate | ||||||
| 15 | Public Transportation Fund of the amount needed to cover the | ||||||
| 16 | required statutory reimbursement of eligible operating | ||||||
| 17 | expenses to participants in the Downstate Public | ||||||
| 18 | Transportation Fund. If the Comptroller is notified of a | ||||||
| 19 | projected deficit, then the Comptroller shall order | ||||||
| 20 | transferred and the Treasurer shall transfer from the | ||||||
| 21 | Downstate Transit Improvement Fund the amount necessary to | ||||||
| 22 | remedy the projected deficit in the Downstate Public | ||||||
| 23 | Transportation Fund. | ||||||
| 24 | (Source: P.A. 104-457, eff. 6-1-26.) | ||||||
| 25 | (30 ILCS 740/3-1.03) (from Ch. 111 2/3, par. 684) | ||||||
| |||||||
| |||||||
| 1 | Sec. 3-1.03. "Operating deficits" means the amount by | ||||||
| 2 | which eligible operating expenses exceed revenues from | ||||||
| 3 | nonreimbursable fares, rental of properties, advertising, and | ||||||
| 4 | any other amounts collected or received in the process of | ||||||
| 5 | providing public transportation under this Article which, | ||||||
| 6 | under standard accounting practices for the providing of | ||||||
| 7 | public transportation are properly classified as operating | ||||||
| 8 | revenue or operating income attributable to providing public | ||||||
| 9 | transportation under this Article. For purposes of determining | ||||||
| 10 | operating deficits, operating revenue or operating income | ||||||
| 11 | shall not include such funds as the Department may determine | ||||||
| 12 | consistent with federal Department of Transportation | ||||||
| 13 | regulations and requirements affecting Section 18. | ||||||
| 14 | (Source: P.A. 82-783.) | ||||||
| 15 | (30 ILCS 740/4-1.11) (from Ch. 111 2/3, par. 699.11) | ||||||
| 16 | Sec. 4-1.11. "Operating revenues" means income from | ||||||
| 17 | nonreimbursable fares, rental of properties, advertising, | ||||||
| 18 | local and state funds contributed to meet eligible operating | ||||||
| 19 | expenses, and any other amounts collected or received in the | ||||||
| 20 | process of providing public transportation under this Article, | ||||||
| 21 | and any revenue which is an operating revenue according to | ||||||
| 22 | standard accounting practices for the providing of public | ||||||
| 23 | transportation and which the Secretary may determine, | ||||||
| 24 | consistent with the federal Department of Transportation | ||||||
| 25 | regulations and requirements. | ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 86-16.) | ||||||
| 2 | Section 28. The Use Tax Act is amended by changing Section | ||||||
| 3 | 9 as follows: | ||||||
| 4 | (35 ILCS 105/9) | ||||||
| 5 | Sec. 9. Except as to motor vehicles, watercraft, aircraft, | ||||||
| 6 | and trailers that are required to be registered with an agency | ||||||
| 7 | of this State, each retailer required or authorized to collect | ||||||
| 8 | the tax imposed by this Act shall pay to the Department the | ||||||
| 9 | amount of such tax (except as otherwise provided) at the time | ||||||
| 10 | when he is required to file his return for the period during | ||||||
| 11 | which such tax was collected, less a discount of 2.1% prior to | ||||||
| 12 | January 1, 1990, and 1.75% on and after January 1, 1990, or $5 | ||||||
| 13 | per calendar year, whichever is greater, which is allowed to | ||||||
| 14 | reimburse the retailer for expenses incurred in collecting the | ||||||
| 15 | tax, keeping records, preparing and filing returns, remitting | ||||||
| 16 | the tax and supplying data to the Department on request. | ||||||
| 17 | Beginning with returns due on or after January 1, 2025, the | ||||||
| 18 | discount allowed in this Section, the Retailers' Occupation | ||||||
| 19 | Tax Act, the Service Occupation Tax Act, and the Service Use | ||||||
| 20 | Tax Act, including any local tax administered by the | ||||||
| 21 | Department and reported on the same return, shall not exceed | ||||||
| 22 | $1,000 per month in the aggregate for returns other than | ||||||
| 23 | transaction returns filed during the month. When determining | ||||||
| 24 | the discount allowed under this Section, retailers shall | ||||||
| |||||||
| |||||||
| 1 | include the amount of tax that would have been due at the 6.25% | ||||||
| 2 | rate but for the 1.25% rate imposed on sales tax holiday items | ||||||
| 3 | under Public Act 102-700. The discount under this Section is | ||||||
| 4 | not allowed for the 1.25% portion of taxes paid on aviation | ||||||
| 5 | fuel that is subject to the revenue use requirements of 49 | ||||||
| 6 | U.S.C. 47107(b) and 49 U.S.C. 47133. When determining the | ||||||
| 7 | discount allowed under this Section, retailers shall include | ||||||
| 8 | the amount of tax that would have been due at the 1% rate but | ||||||
| 9 | for the 0% rate imposed under Public Act 102-700. In the case | ||||||
| 10 | of retailers who report and pay the tax on a transaction by | ||||||
| 11 | transaction basis, as provided in this Section, such discount | ||||||
| 12 | shall be taken with each such tax remittance instead of when | ||||||
| 13 | such retailer files his periodic return, but, beginning with | ||||||
| 14 | returns due on or after January 1, 2025, the discount allowed | ||||||
| 15 | under this Section and the Retailers' Occupation Tax Act, | ||||||
| 16 | including any local tax administered by the Department and | ||||||
| 17 | reported on the same transaction return, shall not exceed | ||||||
| 18 | $1,000 per month for all transaction returns filed during the | ||||||
| 19 | month. The discount allowed under this Section is allowed only | ||||||
| 20 | for returns that are filed in the manner required by this Act. | ||||||
| 21 | The Department may disallow the discount for retailers whose | ||||||
| 22 | certificate of registration is revoked at the time the return | ||||||
| 23 | is filed, but only if the Department's decision to revoke the | ||||||
| 24 | certificate of registration has become final. A retailer need | ||||||
| 25 | not remit that part of any tax collected by him to the extent | ||||||
| 26 | that he is required to remit and does remit the tax imposed by | ||||||
| |||||||
| |||||||
| 1 | the Retailers' Occupation Tax Act, with respect to the sale of | ||||||
| 2 | the same property. | ||||||
| 3 | Where such tangible personal property is sold under a | ||||||
| 4 | conditional sales contract, or under any other form of sale | ||||||
| 5 | wherein the payment of the principal sum, or a part thereof, is | ||||||
| 6 | extended beyond the close of the period for which the return is | ||||||
| 7 | filed, the retailer, in collecting the tax (except as to motor | ||||||
| 8 | vehicles, watercraft, aircraft, and trailers that are required | ||||||
| 9 | to be registered with an agency of this State), may collect for | ||||||
| 10 | each tax return period only the tax applicable to that part of | ||||||
| 11 | the selling price actually received during such tax return | ||||||
| 12 | period. | ||||||
| 13 | In the case of leases, except as otherwise provided in | ||||||
| 14 | this Act, the lessor, in collecting the tax, may collect for | ||||||
| 15 | each tax return period only the tax applicable to that part of | ||||||
| 16 | the selling price actually received during such tax return | ||||||
| 17 | period. | ||||||
| 18 | Except as provided in this Section, on or before the | ||||||
| 19 | twentieth day of each calendar month, such retailer shall file | ||||||
| 20 | a return for the preceding calendar month. Such return shall | ||||||
| 21 | be filed on forms prescribed by the Department and shall | ||||||
| 22 | furnish such information as the Department may reasonably | ||||||
| 23 | require. The return shall include the gross receipts on food | ||||||
| 24 | for human consumption that is to be consumed off the premises | ||||||
| 25 | where it is sold (other than alcoholic beverages, food | ||||||
| 26 | consisting of or infused with adult use cannabis, soft drinks, | ||||||
| |||||||
| |||||||
| 1 | and food that has been prepared for immediate consumption) | ||||||
| 2 | which were received during the preceding calendar month, | ||||||
| 3 | quarter, or year, as appropriate, and upon which tax would | ||||||
| 4 | have been due but for the 0% rate imposed under Public Act | ||||||
| 5 | 102-700. The return shall also include the amount of tax that | ||||||
| 6 | would have been due on food for human consumption that is to be | ||||||
| 7 | consumed off the premises where it is sold (other than | ||||||
| 8 | alcoholic beverages, food consisting of or infused with adult | ||||||
| 9 | use cannabis, soft drinks, and food that has been prepared for | ||||||
| 10 | immediate consumption) but for the 0% rate imposed under | ||||||
| 11 | Public Act 102-700. | ||||||
| 12 | On and after January 1, 2018, except for returns required | ||||||
| 13 | to be filed prior to January 1, 2023 for motor vehicles, | ||||||
| 14 | watercraft, aircraft, and trailers that are required to be | ||||||
| 15 | registered with an agency of this State, with respect to | ||||||
| 16 | retailers whose annual gross receipts average $20,000 or more, | ||||||
| 17 | all returns required to be filed pursuant to this Act shall be | ||||||
| 18 | filed electronically. On and after January 1, 2023, with | ||||||
| 19 | respect to retailers whose annual gross receipts average | ||||||
| 20 | $20,000 or more, all returns required to be filed pursuant to | ||||||
| 21 | this Act, including, but not limited to, returns for motor | ||||||
| 22 | vehicles, watercraft, aircraft, and trailers that are required | ||||||
| 23 | to be registered with an agency of this State, shall be filed | ||||||
| 24 | electronically. Retailers who demonstrate that they do not | ||||||
| 25 | have access to the Internet or demonstrate hardship in filing | ||||||
| 26 | electronically may petition the Department to waive the | ||||||
| |||||||
| |||||||
| 1 | electronic filing requirement. | ||||||
| 2 | The Department may require returns to be filed on a | ||||||
| 3 | quarterly basis. If so required, a return for each calendar | ||||||
| 4 | quarter shall be filed on or before the twentieth day of the | ||||||
| 5 | calendar month following the end of such calendar quarter. The | ||||||
| 6 | taxpayer shall also file a return with the Department for each | ||||||
| 7 | of the first 2 months of each calendar quarter, on or before | ||||||
| 8 | the twentieth day of the following calendar month, stating: | ||||||
| 9 | 1. The name of the seller; | ||||||
| 10 | 2. The address of the principal place of business from | ||||||
| 11 | which he engages in the business of selling tangible | ||||||
| 12 | personal property at retail in this State; | ||||||
| 13 | 3. The total amount of taxable receipts received by | ||||||
| 14 | him during the preceding calendar month from sales of | ||||||
| 15 | tangible personal property by him during such preceding | ||||||
| 16 | calendar month, including receipts from charge and time | ||||||
| 17 | sales, but less all deductions allowed by law; | ||||||
| 18 | 4. The amount of credit provided in Section 2d of this | ||||||
| 19 | Act; | ||||||
| 20 | 5. The amount of tax due; | ||||||
| 21 | 5-5. The signature of the taxpayer; and | ||||||
| 22 | 6. Such other reasonable information as the Department | ||||||
| 23 | may require. | ||||||
| 24 | Each retailer required or authorized to collect the tax | ||||||
| 25 | imposed by this Act on aviation fuel sold at retail in this | ||||||
| 26 | State during the preceding calendar month shall, instead of | ||||||
| |||||||
| |||||||
| 1 | reporting and paying tax on aviation fuel as otherwise | ||||||
| 2 | required by this Section, report and pay such tax on a separate | ||||||
| 3 | aviation fuel tax return. The requirements related to the | ||||||
| 4 | return shall be as otherwise provided in this Section. | ||||||
| 5 | Notwithstanding any other provisions of this Act to the | ||||||
| 6 | contrary, retailers collecting tax on aviation fuel shall file | ||||||
| 7 | all aviation fuel tax returns and shall make all aviation fuel | ||||||
| 8 | tax payments by electronic means in the manner and form | ||||||
| 9 | required by the Department. For purposes of this Section, | ||||||
| 10 | "aviation fuel" means jet fuel and aviation gasoline. | ||||||
| 11 | If a taxpayer fails to sign a return within 30 days after | ||||||
| 12 | the proper notice and demand for signature by the Department, | ||||||
| 13 | the return shall be considered valid and any amount shown to be | ||||||
| 14 | due on the return shall be deemed assessed. | ||||||
| 15 | Notwithstanding any other provision of this Act to the | ||||||
| 16 | contrary, retailers subject to tax on cannabis shall file all | ||||||
| 17 | cannabis tax returns and shall make all cannabis tax payments | ||||||
| 18 | by electronic means in the manner and form required by the | ||||||
| 19 | Department. | ||||||
| 20 | Beginning October 1, 1993, a taxpayer who has an average | ||||||
| 21 | monthly tax liability of $150,000 or more shall make all | ||||||
| 22 | payments required by rules of the Department by electronic | ||||||
| 23 | funds transfer. Beginning October 1, 1994, a taxpayer who has | ||||||
| 24 | an average monthly tax liability of $100,000 or more shall | ||||||
| 25 | make all payments required by rules of the Department by | ||||||
| 26 | electronic funds transfer. Beginning October 1, 1995, a | ||||||
| |||||||
| |||||||
| 1 | taxpayer who has an average monthly tax liability of $50,000 | ||||||
| 2 | or more shall make all payments required by rules of the | ||||||
| 3 | Department by electronic funds transfer. Beginning October 1, | ||||||
| 4 | 2000, a taxpayer who has an annual tax liability of $200,000 or | ||||||
| 5 | more shall make all payments required by rules of the | ||||||
| 6 | Department by electronic funds transfer. The term "annual tax | ||||||
| 7 | liability" shall be the sum of the taxpayer's liabilities | ||||||
| 8 | under this Act, and under all other State and local occupation | ||||||
| 9 | and use tax laws administered by the Department, for the | ||||||
| 10 | immediately preceding calendar year. The term "average monthly | ||||||
| 11 | tax liability" means the sum of the taxpayer's liabilities | ||||||
| 12 | under this Act, and under all other State and local occupation | ||||||
| 13 | and use tax laws administered by the Department, for the | ||||||
| 14 | immediately preceding calendar year divided by 12. Beginning | ||||||
| 15 | on October 1, 2002, a taxpayer who has a tax liability in the | ||||||
| 16 | amount set forth in subsection (b) of Section 2505-210 of the | ||||||
| 17 | Department of Revenue Law shall make all payments required by | ||||||
| 18 | rules of the Department by electronic funds transfer. | ||||||
| 19 | Before August 1 of each year beginning in 1993, the | ||||||
| 20 | Department shall notify all taxpayers required to make | ||||||
| 21 | payments by electronic funds transfer. All taxpayers required | ||||||
| 22 | to make payments by electronic funds transfer shall make those | ||||||
| 23 | payments for a minimum of one year beginning on October 1. | ||||||
| 24 | Any taxpayer not required to make payments by electronic | ||||||
| 25 | funds transfer may make payments by electronic funds transfer | ||||||
| 26 | with the permission of the Department. | ||||||
| |||||||
| |||||||
| 1 | All taxpayers required to make payment by electronic funds | ||||||
| 2 | transfer and any taxpayers authorized to voluntarily make | ||||||
| 3 | payments by electronic funds transfer shall make those | ||||||
| 4 | payments in the manner authorized by the Department. | ||||||
| 5 | The Department shall adopt such rules as are necessary to | ||||||
| 6 | effectuate a program of electronic funds transfer and the | ||||||
| 7 | requirements of this Section. | ||||||
| 8 | Before October 1, 2000, if the taxpayer's average monthly | ||||||
| 9 | tax liability to the Department under this Act, the Retailers' | ||||||
| 10 | Occupation Tax Act, the Service Occupation Tax Act, the | ||||||
| 11 | Service Use Tax Act was $10,000 or more during the preceding 4 | ||||||
| 12 | complete calendar quarters, he shall file a return with the | ||||||
| 13 | Department each month by the 20th day of the month next | ||||||
| 14 | following the month during which such tax liability is | ||||||
| 15 | incurred and shall make payments to the Department on or | ||||||
| 16 | before the 7th, 15th, 22nd and last day of the month during | ||||||
| 17 | which such liability is incurred. On and after October 1, | ||||||
| 18 | 2000, if the taxpayer's average monthly tax liability to the | ||||||
| 19 | Department under this Act, the Retailers' Occupation Tax Act, | ||||||
| 20 | the Service Occupation Tax Act, and the Service Use Tax Act was | ||||||
| 21 | $20,000 or more during the preceding 4 complete calendar | ||||||
| 22 | quarters, he shall file a return with the Department each | ||||||
| 23 | month by the 20th day of the month next following the month | ||||||
| 24 | during which such tax liability is incurred and shall make | ||||||
| 25 | payment to the Department on or before the 7th, 15th, 22nd and | ||||||
| 26 | last day of the month during which such liability is incurred. | ||||||
| |||||||
| |||||||
| 1 | If the month during which such tax liability is incurred began | ||||||
| 2 | prior to January 1, 1985, each payment shall be in an amount | ||||||
| 3 | equal to 1/4 of the taxpayer's actual liability for the month | ||||||
| 4 | or an amount set by the Department not to exceed 1/4 of the | ||||||
| 5 | average monthly liability of the taxpayer to the Department | ||||||
| 6 | for the preceding 4 complete calendar quarters (excluding the | ||||||
| 7 | month of highest liability and the month of lowest liability | ||||||
| 8 | in such 4 quarter period). If the month during which such tax | ||||||
| 9 | liability is incurred begins on or after January 1, 1985, and | ||||||
| 10 | prior to January 1, 1987, each payment shall be in an amount | ||||||
| 11 | equal to 22.5% of the taxpayer's actual liability for the | ||||||
| 12 | month or 27.5% of the taxpayer's liability for the same | ||||||
| 13 | calendar month of the preceding year. If the month during | ||||||
| 14 | which such tax liability is incurred begins on or after | ||||||
| 15 | January 1, 1987, and prior to January 1, 1988, each payment | ||||||
| 16 | shall be in an amount equal to 22.5% of the taxpayer's actual | ||||||
| 17 | liability for the month or 26.25% of the taxpayer's liability | ||||||
| 18 | for the same calendar month of the preceding year. If the month | ||||||
| 19 | during which such tax liability is incurred begins on or after | ||||||
| 20 | January 1, 1988, and prior to January 1, 1989, or begins on or | ||||||
| 21 | after January 1, 1996, each payment shall be in an amount equal | ||||||
| 22 | to 22.5% of the taxpayer's actual liability for the month or | ||||||
| 23 | 25% of the taxpayer's liability for the same calendar month of | ||||||
| 24 | the preceding year. If the month during which such tax | ||||||
| 25 | liability is incurred begins on or after January 1, 1989, and | ||||||
| 26 | prior to January 1, 1996, each payment shall be in an amount | ||||||
| |||||||
| |||||||
| 1 | equal to 22.5% of the taxpayer's actual liability for the | ||||||
| 2 | month or 25% of the taxpayer's liability for the same calendar | ||||||
| 3 | month of the preceding year or 100% of the taxpayer's actual | ||||||
| 4 | liability for the quarter monthly reporting period. The amount | ||||||
| 5 | of such quarter monthly payments shall be credited against the | ||||||
| 6 | final tax liability of the taxpayer's return for that month. | ||||||
| 7 | Before October 1, 2000, once applicable, the requirement of | ||||||
| 8 | the making of quarter monthly payments to the Department shall | ||||||
| 9 | continue until such taxpayer's average monthly liability to | ||||||
| 10 | the Department during the preceding 4 complete calendar | ||||||
| 11 | quarters (excluding the month of highest liability and the | ||||||
| 12 | month of lowest liability) is less than $9,000, or until such | ||||||
| 13 | taxpayer's average monthly liability to the Department as | ||||||
| 14 | computed for each calendar quarter of the 4 preceding complete | ||||||
| 15 | calendar quarter period is less than $10,000. However, if a | ||||||
| 16 | taxpayer can show the Department that a substantial change in | ||||||
| 17 | the taxpayer's business has occurred which causes the taxpayer | ||||||
| 18 | to anticipate that his average monthly tax liability for the | ||||||
| 19 | reasonably foreseeable future will fall below the $10,000 | ||||||
| 20 | threshold stated above, then such taxpayer may petition the | ||||||
| 21 | Department for change in such taxpayer's reporting status. On | ||||||
| 22 | and after October 1, 2000, once applicable, the requirement of | ||||||
| 23 | the making of quarter monthly payments to the Department shall | ||||||
| 24 | continue until such taxpayer's average monthly liability to | ||||||
| 25 | the Department during the preceding 4 complete calendar | ||||||
| 26 | quarters (excluding the month of highest liability and the | ||||||
| |||||||
| |||||||
| 1 | month of lowest liability) is less than $19,000 or until such | ||||||
| 2 | taxpayer's average monthly liability to the Department as | ||||||
| 3 | computed for each calendar quarter of the 4 preceding complete | ||||||
| 4 | calendar quarter period is less than $20,000. However, if a | ||||||
| 5 | taxpayer can show the Department that a substantial change in | ||||||
| 6 | the taxpayer's business has occurred which causes the taxpayer | ||||||
| 7 | to anticipate that his average monthly tax liability for the | ||||||
| 8 | reasonably foreseeable future will fall below the $20,000 | ||||||
| 9 | threshold stated above, then such taxpayer may petition the | ||||||
| 10 | Department for a change in such taxpayer's reporting status. | ||||||
| 11 | The Department shall change such taxpayer's reporting status | ||||||
| 12 | unless it finds that such change is seasonal in nature and not | ||||||
| 13 | likely to be long term. Quarter monthly payment status shall | ||||||
| 14 | be determined under this paragraph as if the rate reduction to | ||||||
| 15 | 1.25% in Public Act 102-700 on sales tax holiday items had not | ||||||
| 16 | occurred. For quarter monthly payments due on or after July 1, | ||||||
| 17 | 2023 and through June 30, 2024, "25% of the taxpayer's | ||||||
| 18 | liability for the same calendar month of the preceding year" | ||||||
| 19 | shall be determined as if the rate reduction to 1.25% in Public | ||||||
| 20 | Act 102-700 on sales tax holiday items had not occurred. | ||||||
| 21 | Quarter monthly payment status shall be determined under this | ||||||
| 22 | paragraph as if the rate reduction to 0% in Public Act 102-700 | ||||||
| 23 | on food for human consumption that is to be consumed off the | ||||||
| 24 | premises where it is sold (other than alcoholic beverages, | ||||||
| 25 | food consisting of or infused with adult use cannabis, soft | ||||||
| 26 | drinks, and food that has been prepared for immediate | ||||||
| |||||||
| |||||||
| 1 | consumption) had not occurred. For quarter monthly payments | ||||||
| 2 | due under this paragraph on or after July 1, 2023 and through | ||||||
| 3 | June 30, 2024, "25% of the taxpayer's liability for the same | ||||||
| 4 | calendar month of the preceding year" shall be determined as | ||||||
| 5 | if the rate reduction to 0% in Public Act 102-700 had not | ||||||
| 6 | occurred. If any such quarter monthly payment is not paid at | ||||||
| 7 | the time or in the amount required by this Section, then the | ||||||
| 8 | taxpayer shall be liable for penalties and interest on the | ||||||
| 9 | difference between the minimum amount due and the amount of | ||||||
| 10 | such quarter monthly payment actually and timely paid, except | ||||||
| 11 | insofar as the taxpayer has previously made payments for that | ||||||
| 12 | month to the Department in excess of the minimum payments | ||||||
| 13 | previously due as provided in this Section. The Department | ||||||
| 14 | shall make reasonable rules and regulations to govern the | ||||||
| 15 | quarter monthly payment amount and quarter monthly payment | ||||||
| 16 | dates for taxpayers who file on other than a calendar monthly | ||||||
| 17 | basis. | ||||||
| 18 | If any such payment provided for in this Section exceeds | ||||||
| 19 | the taxpayer's liabilities under this Act, the Retailers' | ||||||
| 20 | Occupation Tax Act, the Service Occupation Tax Act and the | ||||||
| 21 | Service Use Tax Act, as shown by an original monthly return, | ||||||
| 22 | the Department shall issue to the taxpayer a credit memorandum | ||||||
| 23 | no later than 30 days after the date of payment, which | ||||||
| 24 | memorandum may be submitted by the taxpayer to the Department | ||||||
| 25 | in payment of tax liability subsequently to be remitted by the | ||||||
| 26 | taxpayer to the Department or be assigned by the taxpayer to a | ||||||
| |||||||
| |||||||
| 1 | similar taxpayer under this Act, the Retailers' Occupation Tax | ||||||
| 2 | Act, the Service Occupation Tax Act or the Service Use Tax Act, | ||||||
| 3 | in accordance with reasonable rules and regulations to be | ||||||
| 4 | prescribed by the Department, except that if such excess | ||||||
| 5 | payment is shown on an original monthly return and is made | ||||||
| 6 | after December 31, 1986, no credit memorandum shall be issued, | ||||||
| 7 | unless requested by the taxpayer. If no such request is made, | ||||||
| 8 | the taxpayer may credit such excess payment against tax | ||||||
| 9 | liability subsequently to be remitted by the taxpayer to the | ||||||
| 10 | Department under this Act, the Retailers' Occupation Tax Act, | ||||||
| 11 | the Service Occupation Tax Act or the Service Use Tax Act, in | ||||||
| 12 | accordance with reasonable rules and regulations prescribed by | ||||||
| 13 | the Department. If the Department subsequently determines that | ||||||
| 14 | all or any part of the credit taken was not actually due to the | ||||||
| 15 | taxpayer, the taxpayer's vendor's discount shall be reduced, | ||||||
| 16 | if necessary, to reflect the difference between the credit | ||||||
| 17 | taken and that actually due, and the taxpayer shall be liable | ||||||
| 18 | for penalties and interest on such difference. | ||||||
| 19 | If the retailer is otherwise required to file a monthly | ||||||
| 20 | return and if the retailer's average monthly tax liability to | ||||||
| 21 | the Department does not exceed $200, the Department may | ||||||
| 22 | authorize his returns to be filed on a quarter annual basis, | ||||||
| 23 | with the return for January, February, and March of a given | ||||||
| 24 | year being due by April 20 of such year; with the return for | ||||||
| 25 | April, May and June of a given year being due by July 20 of | ||||||
| 26 | such year; with the return for July, August and September of a | ||||||
| |||||||
| |||||||
| 1 | given year being due by October 20 of such year, and with the | ||||||
| 2 | return for October, November and December of a given year | ||||||
| 3 | being due by January 20 of the following year. | ||||||
| 4 | If the retailer is otherwise required to file a monthly or | ||||||
| 5 | quarterly return and if the retailer's average monthly tax | ||||||
| 6 | liability to the Department does not exceed $50, the | ||||||
| 7 | Department may authorize his returns to be filed on an annual | ||||||
| 8 | basis, with the return for a given year being due by January 20 | ||||||
| 9 | of the following year. | ||||||
| 10 | Such quarter annual and annual returns, as to form and | ||||||
| 11 | substance, shall be subject to the same requirements as | ||||||
| 12 | monthly returns. | ||||||
| 13 | Notwithstanding any other provision in this Act concerning | ||||||
| 14 | the time within which a retailer may file his return, in the | ||||||
| 15 | case of any retailer who ceases to engage in a kind of business | ||||||
| 16 | which makes him responsible for filing returns under this Act, | ||||||
| 17 | such retailer shall file a final return under this Act with the | ||||||
| 18 | Department not more than one month after discontinuing such | ||||||
| 19 | business. | ||||||
| 20 | In addition, with respect to motor vehicles, watercraft, | ||||||
| 21 | aircraft, and trailers that are required to be registered with | ||||||
| 22 | an agency of this State, except as otherwise provided in this | ||||||
| 23 | Section, every retailer selling this kind of tangible personal | ||||||
| 24 | property shall file, with the Department, upon a form to be | ||||||
| 25 | prescribed and supplied by the Department, a separate return | ||||||
| 26 | for each such item of tangible personal property which the | ||||||
| |||||||
| |||||||
| 1 | retailer sells, except that if, in the same transaction, (i) a | ||||||
| 2 | retailer of aircraft, watercraft, motor vehicles or trailers | ||||||
| 3 | transfers more than one aircraft, watercraft, motor vehicle or | ||||||
| 4 | trailer to another aircraft, watercraft, motor vehicle or | ||||||
| 5 | trailer retailer for the purpose of resale or (ii) a retailer | ||||||
| 6 | of aircraft, watercraft, motor vehicles, or trailers transfers | ||||||
| 7 | more than one aircraft, watercraft, motor vehicle, or trailer | ||||||
| 8 | to a purchaser for use as a qualifying rolling stock as | ||||||
| 9 | provided in Section 3-55 of this Act, then that seller may | ||||||
| 10 | report the transfer of all the aircraft, watercraft, motor | ||||||
| 11 | vehicles or trailers involved in that transaction to the | ||||||
| 12 | Department on the same uniform invoice-transaction reporting | ||||||
| 13 | return form. For purposes of this Section, "watercraft" means | ||||||
| 14 | a Class 2, Class 3, or Class 4 watercraft as defined in Section | ||||||
| 15 | 3-2 of the Boat Registration and Safety Act, a personal | ||||||
| 16 | watercraft, or any boat equipped with an inboard motor. | ||||||
| 17 | In addition, with respect to motor vehicles, watercraft, | ||||||
| 18 | aircraft, and trailers that are required to be registered with | ||||||
| 19 | an agency of this State, every person who is engaged in the | ||||||
| 20 | business of leasing or renting such items and who, in | ||||||
| 21 | connection with such business, sells any such item to a | ||||||
| 22 | retailer for the purpose of resale is, notwithstanding any | ||||||
| 23 | other provision of this Section to the contrary, authorized to | ||||||
| 24 | meet the return-filing requirement of this Act by reporting | ||||||
| 25 | the transfer of all the aircraft, watercraft, motor vehicles, | ||||||
| 26 | or trailers transferred for resale during a month to the | ||||||
| |||||||
| |||||||
| 1 | Department on the same uniform invoice-transaction reporting | ||||||
| 2 | return form on or before the 20th of the month following the | ||||||
| 3 | month in which the transfer takes place. Notwithstanding any | ||||||
| 4 | other provision of this Act to the contrary, all returns filed | ||||||
| 5 | under this paragraph must be filed by electronic means in the | ||||||
| 6 | manner and form as required by the Department. | ||||||
| 7 | The transaction reporting return in the case of motor | ||||||
| 8 | vehicles or trailers that are required to be registered with | ||||||
| 9 | an agency of this State, shall be the same document as the | ||||||
| 10 | Uniform Invoice referred to in Section 5-402 of the Illinois | ||||||
| 11 | Vehicle Code and must show the name and address of the seller; | ||||||
| 12 | the name and address of the purchaser; the amount of the | ||||||
| 13 | selling price including the amount allowed by the retailer for | ||||||
| 14 | traded-in property, if any; the amount allowed by the retailer | ||||||
| 15 | for the traded-in tangible personal property, if any, to the | ||||||
| 16 | extent to which Section 2 of this Act allows an exemption for | ||||||
| 17 | the value of traded-in property; the balance payable after | ||||||
| 18 | deducting such trade-in allowance from the total selling | ||||||
| 19 | price; the amount of tax due from the retailer with respect to | ||||||
| 20 | such transaction; the amount of tax collected from the | ||||||
| 21 | purchaser by the retailer on such transaction (or satisfactory | ||||||
| 22 | evidence that such tax is not due in that particular instance, | ||||||
| 23 | if that is claimed to be the fact); the place and date of the | ||||||
| 24 | sale; a sufficient identification of the property sold; such | ||||||
| 25 | other information as is required in Section 5-402 of the | ||||||
| 26 | Illinois Vehicle Code, and such other information as the | ||||||
| |||||||
| |||||||
| 1 | Department may reasonably require. | ||||||
| 2 | The transaction reporting return in the case of watercraft | ||||||
| 3 | and aircraft must show the name and address of the seller; the | ||||||
| 4 | name and address of the purchaser; the amount of the selling | ||||||
| 5 | price including the amount allowed by the retailer for | ||||||
| 6 | traded-in property, if any; the amount allowed by the retailer | ||||||
| 7 | for the traded-in tangible personal property, if any, to the | ||||||
| 8 | extent to which Section 2 of this Act allows an exemption for | ||||||
| 9 | the value of traded-in property; the balance payable after | ||||||
| 10 | deducting such trade-in allowance from the total selling | ||||||
| 11 | price; the amount of tax due from the retailer with respect to | ||||||
| 12 | such transaction; the amount of tax collected from the | ||||||
| 13 | purchaser by the retailer on such transaction (or satisfactory | ||||||
| 14 | evidence that such tax is not due in that particular instance, | ||||||
| 15 | if that is claimed to be the fact); the place and date of the | ||||||
| 16 | sale, a sufficient identification of the property sold, and | ||||||
| 17 | such other information as the Department may reasonably | ||||||
| 18 | require. | ||||||
| 19 | Such transaction reporting return shall be filed not later | ||||||
| 20 | than 20 days after the date of delivery of the item that is | ||||||
| 21 | being sold, but may be filed by the retailer at any time sooner | ||||||
| 22 | than that if he chooses to do so. The transaction reporting | ||||||
| 23 | return and tax remittance or proof of exemption from the tax | ||||||
| 24 | that is imposed by this Act may be transmitted to the | ||||||
| 25 | Department by way of the State agency with which, or State | ||||||
| 26 | officer with whom, the tangible personal property must be | ||||||
| |||||||
| |||||||
| 1 | titled or registered (if titling or registration is required) | ||||||
| 2 | if the Department and such agency or State officer determine | ||||||
| 3 | that this procedure will expedite the processing of | ||||||
| 4 | applications for title or registration. | ||||||
| 5 | With each such transaction reporting return, the retailer | ||||||
| 6 | shall remit the proper amount of tax due (or shall submit | ||||||
| 7 | satisfactory evidence that the sale is not taxable if that is | ||||||
| 8 | the case), to the Department or its agents, whereupon the | ||||||
| 9 | Department shall issue, in the purchaser's name, a tax receipt | ||||||
| 10 | (or a certificate of exemption if the Department is satisfied | ||||||
| 11 | that the particular sale is tax exempt) which such purchaser | ||||||
| 12 | may submit to the agency with which, or State officer with | ||||||
| 13 | whom, he must title or register the tangible personal property | ||||||
| 14 | that is involved (if titling or registration is required) in | ||||||
| 15 | support of such purchaser's application for an Illinois | ||||||
| 16 | certificate or other evidence of title or registration to such | ||||||
| 17 | tangible personal property. | ||||||
| 18 | No retailer's failure or refusal to remit tax under this | ||||||
| 19 | Act precludes a user, who has paid the proper tax to the | ||||||
| 20 | retailer, from obtaining his certificate of title or other | ||||||
| 21 | evidence of title or registration (if titling or registration | ||||||
| 22 | is required) upon satisfying the Department that such user has | ||||||
| 23 | paid the proper tax (if tax is due) to the retailer. The | ||||||
| 24 | Department shall adopt appropriate rules to carry out the | ||||||
| 25 | mandate of this paragraph. | ||||||
| 26 | If the user who would otherwise pay tax to the retailer | ||||||
| |||||||
| |||||||
| 1 | wants the transaction reporting return filed and the payment | ||||||
| 2 | of tax or proof of exemption made to the Department before the | ||||||
| 3 | retailer is willing to take these actions and such user has not | ||||||
| 4 | paid the tax to the retailer, such user may certify to the fact | ||||||
| 5 | of such delay by the retailer, and may (upon the Department | ||||||
| 6 | being satisfied of the truth of such certification) transmit | ||||||
| 7 | the information required by the transaction reporting return | ||||||
| 8 | and the remittance for tax or proof of exemption directly to | ||||||
| 9 | the Department and obtain his tax receipt or exemption | ||||||
| 10 | determination, in which event the transaction reporting return | ||||||
| 11 | and tax remittance (if a tax payment was required) shall be | ||||||
| 12 | credited by the Department to the proper retailer's account | ||||||
| 13 | with the Department, but without the vendor's discount | ||||||
| 14 | provided for in this Section being allowed. When the user pays | ||||||
| 15 | the tax directly to the Department, he shall pay the tax in the | ||||||
| 16 | same amount and in the same form in which it would be remitted | ||||||
| 17 | if the tax had been remitted to the Department by the retailer. | ||||||
| 18 | On and after January 1, 2025, with respect to the lease of | ||||||
| 19 | trailers, other than semitrailers as defined in Section 1-187 | ||||||
| 20 | of the Illinois Vehicle Code, that are required to be | ||||||
| 21 | registered with an agency of this State and that are subject to | ||||||
| 22 | the tax on lease receipts under this Act, notwithstanding any | ||||||
| 23 | other provision of this Act to the contrary, for the purpose of | ||||||
| 24 | reporting and paying tax under this Act on those lease | ||||||
| 25 | receipts, lessors shall file returns in addition to and | ||||||
| 26 | separate from the transaction reporting return. Lessors shall | ||||||
| |||||||
| |||||||
| 1 | file those lease returns and make payment to the Department by | ||||||
| 2 | electronic means on or before the 20th day of each month | ||||||
| 3 | following the month, quarter, or year, as applicable, in which | ||||||
| 4 | lease receipts were received. All lease receipts received by | ||||||
| 5 | the lessor from the lease of those trailers during the same | ||||||
| 6 | reporting period shall be reported and tax shall be paid on a | ||||||
| 7 | single return form to be prescribed by the Department. | ||||||
| 8 | Where a retailer collects the tax with respect to the | ||||||
| 9 | selling price of tangible personal property which he sells and | ||||||
| 10 | the purchaser thereafter returns such tangible personal | ||||||
| 11 | property and the retailer refunds the selling price thereof to | ||||||
| 12 | the purchaser, such retailer shall also refund, to the | ||||||
| 13 | purchaser, the tax so collected from the purchaser. When | ||||||
| 14 | filing his return for the period in which he refunds such tax | ||||||
| 15 | to the purchaser, the retailer may deduct the amount of the tax | ||||||
| 16 | so refunded by him to the purchaser from any other use tax | ||||||
| 17 | which such retailer may be required to pay or remit to the | ||||||
| 18 | Department, as shown by such return, if the amount of the tax | ||||||
| 19 | to be deducted was previously remitted to the Department by | ||||||
| 20 | such retailer. If the retailer has not previously remitted the | ||||||
| 21 | amount of such tax to the Department, he is entitled to no | ||||||
| 22 | deduction under this Act upon refunding such tax to the | ||||||
| 23 | purchaser. | ||||||
| 24 | Any retailer filing a return under this Section shall also | ||||||
| 25 | include (for the purpose of paying tax thereon) the total tax | ||||||
| 26 | covered by such return upon the selling price of tangible | ||||||
| |||||||
| |||||||
| 1 | personal property purchased by him at retail from a retailer, | ||||||
| 2 | but as to which the tax imposed by this Act was not collected | ||||||
| 3 | from the retailer filing such return, and such retailer shall | ||||||
| 4 | remit the amount of such tax to the Department when filing such | ||||||
| 5 | return. | ||||||
| 6 | If experience indicates such action to be practicable, the | ||||||
| 7 | Department may prescribe and furnish a combination or joint | ||||||
| 8 | return which will enable retailers, who are required to file | ||||||
| 9 | returns hereunder and also under the Retailers' Occupation Tax | ||||||
| 10 | Act, to furnish all the return information required by both | ||||||
| 11 | Acts on the one form. | ||||||
| 12 | Where the retailer has more than one business registered | ||||||
| 13 | with the Department under separate registration under this | ||||||
| 14 | Act, such retailer may not file each return that is due as a | ||||||
| 15 | single return covering all such registered businesses, but | ||||||
| 16 | shall file separate returns for each such registered business. | ||||||
| 17 | Beginning January 1, 1990, each month the Department shall | ||||||
| 18 | pay into the State and Local Sales Tax Reform Fund, a special | ||||||
| 19 | fund in the State treasury which is hereby created, the net | ||||||
| 20 | revenue realized for the preceding month from the 1% tax | ||||||
| 21 | imposed under this Act. | ||||||
| 22 | Beginning January 1, 1990, each month the Department shall | ||||||
| 23 | pay into the County and Mass Transit District Fund 4% of the | ||||||
| 24 | net revenue realized for the preceding month from the 6.25% | ||||||
| 25 | general rate on the selling price of tangible personal | ||||||
| 26 | property which is purchased outside Illinois at retail from a | ||||||
| |||||||
| |||||||
| 1 | retailer and which is titled or registered by an agency of this | ||||||
| 2 | State's government. | ||||||
| 3 | Beginning January 1, 1990, each month the Department shall | ||||||
| 4 | pay into the State and Local Sales Tax Reform Fund, a special | ||||||
| 5 | fund in the State treasury, 20% of the net revenue realized for | ||||||
| 6 | the preceding month from the 6.25% general rate on the selling | ||||||
| 7 | price of tangible personal property, other than (i) tangible | ||||||
| 8 | personal property which is purchased outside Illinois at | ||||||
| 9 | retail from a retailer and which is titled or registered by an | ||||||
| 10 | agency of this State's government and (ii) aviation fuel sold | ||||||
| 11 | on or after December 1, 2019. This exception for aviation fuel | ||||||
| 12 | only applies for so long as the revenue use requirements of 49 | ||||||
| 13 | U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the State. | ||||||
| 14 | For aviation fuel sold on or after December 1, 2019, each | ||||||
| 15 | month the Department shall pay into the State Aviation Program | ||||||
| 16 | Fund 20% of the net revenue realized for the preceding month | ||||||
| 17 | from the 6.25% general rate on the selling price of aviation | ||||||
| 18 | fuel, less an amount estimated by the Department to be | ||||||
| 19 | required for refunds of the 20% portion of the tax on aviation | ||||||
| 20 | fuel under this Act, which amount shall be deposited into the | ||||||
| 21 | Aviation Fuel Sales Tax Refund Fund. The Department shall only | ||||||
| 22 | pay moneys into the State Aviation Program Fund and the | ||||||
| 23 | Aviation Fuels Sales Tax Refund Fund under this Act for so long | ||||||
| 24 | as the revenue use requirements of 49 U.S.C. 47107(b) and 49 | ||||||
| 25 | U.S.C. 47133 are binding on the State. | ||||||
| 26 | Beginning August 1, 2000, each month the Department shall | ||||||
| |||||||
| |||||||
| 1 | pay into the State and Local Sales Tax Reform Fund 100% of the | ||||||
| 2 | net revenue realized for the preceding month from the 1.25% | ||||||
| 3 | rate on the selling price of motor fuel and gasohol. If, in any | ||||||
| 4 | month, the tax on sales tax holiday items, as defined in | ||||||
| 5 | Section 3-6, is imposed at the rate of 1.25%, then the | ||||||
| 6 | Department shall pay 100% of the net revenue realized for that | ||||||
| 7 | month from the 1.25% rate on the selling price of sales tax | ||||||
| 8 | holiday items into the State and Local Sales Tax Reform Fund. | ||||||
| 9 | Beginning January 1, 1990, each month the Department shall | ||||||
| 10 | pay into the Local Government Tax Fund 16% of the net revenue | ||||||
| 11 | realized for the preceding month from the 6.25% general rate | ||||||
| 12 | on the selling price of tangible personal property which is | ||||||
| 13 | purchased outside Illinois at retail from a retailer and which | ||||||
| 14 | is titled or registered by an agency of this State's | ||||||
| 15 | government. | ||||||
| 16 | Beginning October 1, 2009, each month the Department shall | ||||||
| 17 | pay into the Capital Projects Fund an amount that is equal to | ||||||
| 18 | an amount estimated by the Department to represent 80% of the | ||||||
| 19 | net revenue realized for the preceding month from the sale of | ||||||
| 20 | candy, grooming and hygiene products, and soft drinks that had | ||||||
| 21 | been taxed at a rate of 1% prior to September 1, 2009 but that | ||||||
| 22 | are now taxed at 6.25%. | ||||||
| 23 | Beginning July 1, 2011, each month the Department shall | ||||||
| 24 | pay into the Clean Air Act Permit Fund 80% of the net revenue | ||||||
| 25 | realized for the preceding month from the 6.25% general rate | ||||||
| 26 | on the selling price of sorbents used in Illinois in the | ||||||
| |||||||
| |||||||
| 1 | process of sorbent injection as used to comply with the | ||||||
| 2 | Environmental Protection Act or the federal Clean Air Act, but | ||||||
| 3 | the total payment into the Clean Air Act Permit Fund under this | ||||||
| 4 | Act and the Retailers' Occupation Tax Act shall not exceed | ||||||
| 5 | $2,000,000 in any fiscal year. | ||||||
| 6 | Beginning July 1, 2013, each month the Department shall | ||||||
| 7 | pay into the Underground Storage Tank Fund from the proceeds | ||||||
| 8 | collected under this Act, the Service Use Tax Act, the Service | ||||||
| 9 | Occupation Tax Act, and the Retailers' Occupation Tax Act an | ||||||
| 10 | amount equal to the average monthly deficit in the Underground | ||||||
| 11 | Storage Tank Fund during the prior year, as certified annually | ||||||
| 12 | by the Illinois Environmental Protection Agency, but the total | ||||||
| 13 | payment into the Underground Storage Tank Fund under this Act, | ||||||
| 14 | the Service Use Tax Act, the Service Occupation Tax Act, and | ||||||
| 15 | the Retailers' Occupation Tax Act shall not exceed $18,000,000 | ||||||
| 16 | in any State fiscal year. As used in this paragraph, the | ||||||
| 17 | "average monthly deficit" shall be equal to the difference | ||||||
| 18 | between the average monthly claims for payment by the fund and | ||||||
| 19 | the average monthly revenues deposited into the fund, | ||||||
| 20 | excluding payments made pursuant to this paragraph. | ||||||
| 21 | Beginning July 1, 2015, of the remainder of the moneys | ||||||
| 22 | received by the Department under this Act, the Service Use Tax | ||||||
| 23 | Act, the Service Occupation Tax Act, and the Retailers' | ||||||
| 24 | Occupation Tax Act, each month the Department shall deposit | ||||||
| 25 | $500,000 into the State Crime Laboratory Fund. | ||||||
| 26 | Of the remainder of the moneys received by the Department | ||||||
| |||||||
| |||||||
| 1 | pursuant to this Act, (a) 1.75% thereof shall be paid into the | ||||||
| 2 | Build Illinois Fund and (b) prior to July 1, 1989, 2.2% and on | ||||||
| 3 | and after July 1, 1989, 3.8% thereof shall be paid into the | ||||||
| 4 | Build Illinois Fund; provided, however, that if in any fiscal | ||||||
| 5 | year the sum of (1) the aggregate of 2.2% or 3.8%, as the case | ||||||
| 6 | may be, of the moneys received by the Department and required | ||||||
| 7 | to be paid into the Build Illinois Fund pursuant to Section 3 | ||||||
| 8 | of the Retailers' Occupation Tax Act, Section 9 of the Use Tax | ||||||
| 9 | Act, Section 9 of the Service Use Tax Act, and Section 9 of the | ||||||
| 10 | Service Occupation Tax Act, such Acts being hereinafter called | ||||||
| 11 | the "Tax Acts" and such aggregate of 2.2% or 3.8%, as the case | ||||||
| 12 | may be, of moneys being hereinafter called the "Tax Act | ||||||
| 13 | Amount", and (2) the amount transferred to the Build Illinois | ||||||
| 14 | Fund from the State and Local Sales Tax Reform Fund shall be | ||||||
| 15 | less than the Annual Specified Amount (as defined in Section 3 | ||||||
| 16 | of the Retailers' Occupation Tax Act), an amount equal to the | ||||||
| 17 | difference shall be immediately paid into the Build Illinois | ||||||
| 18 | Fund from other moneys received by the Department pursuant to | ||||||
| 19 | the Tax Acts; and further provided, that if on the last | ||||||
| 20 | business day of any month the sum of (1) the Tax Act Amount | ||||||
| 21 | required to be deposited into the Build Illinois Bond Account | ||||||
| 22 | in the Build Illinois Fund during such month and (2) the amount | ||||||
| 23 | transferred during such month to the Build Illinois Fund from | ||||||
| 24 | the State and Local Sales Tax Reform Fund shall have been less | ||||||
| 25 | than 1/12 of the Annual Specified Amount, an amount equal to | ||||||
| 26 | the difference shall be immediately paid into the Build | ||||||
| |||||||
| |||||||
| 1 | Illinois Fund from other moneys received by the Department | ||||||
| 2 | pursuant to the Tax Acts; and, further provided, that in no | ||||||
| 3 | event shall the payments required under the preceding proviso | ||||||
| 4 | result in aggregate payments into the Build Illinois Fund | ||||||
| 5 | pursuant to this clause (b) for any fiscal year in excess of | ||||||
| 6 | the greater of (i) the Tax Act Amount or (ii) the Annual | ||||||
| 7 | Specified Amount for such fiscal year; and, further provided, | ||||||
| 8 | that the amounts payable into the Build Illinois Fund under | ||||||
| 9 | this clause (b) shall be payable only until such time as the | ||||||
| 10 | aggregate amount on deposit under each trust indenture | ||||||
| 11 | securing Bonds issued and outstanding pursuant to the Build | ||||||
| 12 | Illinois Bond Act is sufficient, taking into account any | ||||||
| 13 | future investment income, to fully provide, in accordance with | ||||||
| 14 | such indenture, for the defeasance of or the payment of the | ||||||
| 15 | principal of, premium, if any, and interest on the Bonds | ||||||
| 16 | secured by such indenture and on any Bonds expected to be | ||||||
| 17 | issued thereafter and all fees and costs payable with respect | ||||||
| 18 | thereto, all as certified by the Director of the Bureau of the | ||||||
| 19 | Budget (now Governor's Office of Management and Budget). If on | ||||||
| 20 | the last business day of any month in which Bonds are | ||||||
| 21 | outstanding pursuant to the Build Illinois Bond Act, the | ||||||
| 22 | aggregate of the moneys deposited into the Build Illinois Bond | ||||||
| 23 | Account in the Build Illinois Fund in such month shall be less | ||||||
| 24 | than the amount required to be transferred in such month from | ||||||
| 25 | the Build Illinois Bond Account to the Build Illinois Bond | ||||||
| 26 | Retirement and Interest Fund pursuant to Section 13 of the | ||||||
| |||||||
| |||||||
| 1 | Build Illinois Bond Act, an amount equal to such deficiency | ||||||
| 2 | shall be immediately paid from other moneys received by the | ||||||
| 3 | Department pursuant to the Tax Acts to the Build Illinois | ||||||
| 4 | Fund; provided, however, that any amounts paid to the Build | ||||||
| 5 | Illinois Fund in any fiscal year pursuant to this sentence | ||||||
| 6 | shall be deemed to constitute payments pursuant to clause (b) | ||||||
| 7 | of the preceding sentence and shall reduce the amount | ||||||
| 8 | otherwise payable for such fiscal year pursuant to clause (b) | ||||||
| 9 | of the preceding sentence. The moneys received by the | ||||||
| 10 | Department pursuant to this Act and required to be deposited | ||||||
| 11 | into the Build Illinois Fund are subject to the pledge, claim | ||||||
| 12 | and charge set forth in Section 12 of the Build Illinois Bond | ||||||
| 13 | Act. | ||||||
| 14 | Subject to payment of amounts into the Build Illinois Fund | ||||||
| 15 | as provided in the preceding paragraph or in any amendment | ||||||
| 16 | thereto hereafter enacted, the following specified monthly | ||||||
| 17 | installment of the amount requested in the certificate of the | ||||||
| 18 | Chairman of the Metropolitan Pier and Exposition Authority | ||||||
| 19 | provided under Section 8.25f of the State Finance Act, but not | ||||||
| 20 | in excess of the sums designated as "Total Deposit", shall be | ||||||
| 21 | deposited in the aggregate from collections under Section 9 of | ||||||
| 22 | the Use Tax Act, Section 9 of the Service Use Tax Act, Section | ||||||
| 23 | 9 of the Service Occupation Tax Act, and Section 3 of the | ||||||
| 24 | Retailers' Occupation Tax Act into the McCormick Place | ||||||
| 25 | Expansion Project Fund in the specified fiscal years. | ||||||
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| |||||||
| 1 | Beginning July 20, 1993 and in each month of each fiscal | ||||||
| 2 | year thereafter, one-eighth of the amount requested in the | ||||||
| 3 | certificate of the Chairman of the Metropolitan Pier and | ||||||
| 4 | Exposition Authority for that fiscal year, less the amount | ||||||
| 5 | deposited into the McCormick Place Expansion Project Fund by | ||||||
| 6 | the State Treasurer in the respective month under subsection | ||||||
| 7 | (g) of Section 13 of the Metropolitan Pier and Exposition | ||||||
| 8 | Authority Act, plus cumulative deficiencies in the deposits | ||||||
| 9 | required under this Section for previous months and years, | ||||||
| 10 | shall be deposited into the McCormick Place Expansion Project | ||||||
| 11 | Fund, until the full amount requested for the fiscal year, but | ||||||
| 12 | not in excess of the amount specified above as "Total | ||||||
| 13 | Deposit", has been deposited. | ||||||
| 14 | Subject to payment of amounts into the Capital Projects | ||||||
| 15 | Fund, the Clean Air Act Permit Fund, the Build Illinois Fund, | ||||||
| 16 | and the McCormick Place Expansion Project Fund pursuant to the | ||||||
| 17 | preceding paragraphs or in any amendments thereto hereafter | ||||||
| 18 | enacted, for aviation fuel sold on or after December 1, 2019, | ||||||
| 19 | the Department shall each month deposit into the Aviation Fuel | ||||||
| 20 | Sales Tax Refund Fund an amount estimated by the Department to | ||||||
| 21 | be required for refunds of the 80% portion of the tax on | ||||||
| 22 | aviation fuel under this Act. The Department shall only | ||||||
| 23 | deposit moneys into the Aviation Fuel Sales Tax Refund Fund | ||||||
| 24 | under this paragraph for so long as the revenue use | ||||||
| 25 | requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are | ||||||
| 26 | binding on the State. | ||||||
| |||||||
| |||||||
| 1 | Subject to payment of amounts into the Build Illinois Fund | ||||||
| 2 | and the McCormick Place Expansion Project Fund pursuant to the | ||||||
| 3 | preceding paragraphs or in any amendments thereto hereafter | ||||||
| 4 | enacted, beginning July 1, 1993 and ending on September 30, | ||||||
| 5 | 2013, the Department shall each month pay into the Illinois | ||||||
| 6 | Tax Increment Fund 0.27% of 80% of the net revenue realized for | ||||||
| 7 | the preceding month from the 6.25% general rate on the selling | ||||||
| 8 | price of tangible personal property. | ||||||
| 9 | Subject to payment of amounts into the Build Illinois | ||||||
| 10 | Fund, the McCormick Place Expansion Project Fund, the Illinois | ||||||
| 11 | Tax Increment Fund, and the Energy Infrastructure Fund | ||||||
| 12 | pursuant to the preceding paragraphs or in any amendments to | ||||||
| 13 | this Section hereafter enacted, beginning on the first day of | ||||||
| 14 | the first calendar month to occur on or after August 26, 2014 | ||||||
| 15 | (the effective date of Public Act 98-1098), each month, from | ||||||
| 16 | the collections made under Section 9 of the Use Tax Act, | ||||||
| 17 | Section 9 of the Service Use Tax Act, Section 9 of the Service | ||||||
| 18 | Occupation Tax Act, and Section 3 of the Retailers' Occupation | ||||||
| 19 | Tax Act, the Department shall pay into the Tax Compliance and | ||||||
| 20 | Administration Fund, to be used, subject to appropriation, to | ||||||
| 21 | fund additional auditors and compliance personnel at the | ||||||
| 22 | Department of Revenue, an amount equal to 1/12 of 5% of 80% of | ||||||
| 23 | the cash receipts collected during the preceding fiscal year | ||||||
| 24 | by the Audit Bureau of the Department under the Use Tax Act, | ||||||
| 25 | the Service Use Tax Act, the Service Occupation Tax Act, the | ||||||
| 26 | Retailers' Occupation Tax Act, and associated local occupation | ||||||
| |||||||
| |||||||
| 1 | and use taxes administered by the Department. | ||||||
| 2 | Subject to payments of amounts into the Build Illinois | ||||||
| 3 | Fund, the McCormick Place Expansion Project Fund, the Illinois | ||||||
| 4 | Tax Increment Fund, and the Tax Compliance and Administration | ||||||
| 5 | Fund as provided in this Section, beginning on July 1, 2018 the | ||||||
| 6 | Department shall pay each month into the Downstate Public | ||||||
| 7 | Transportation Fund the moneys required to be so paid under | ||||||
| 8 | Section 2-3 of the Downstate Public Transportation Act. | ||||||
| 9 | Subject to successful execution and delivery of a | ||||||
| 10 | public-private agreement between the public agency and private | ||||||
| 11 | entity and completion of the civic build, beginning on July 1, | ||||||
| 12 | 2023, of the remainder of the moneys received by the | ||||||
| 13 | Department under the Use Tax Act, the Service Use Tax Act, the | ||||||
| 14 | Service Occupation Tax Act, and this Act, the Department shall | ||||||
| 15 | deposit the following specified deposits in the aggregate from | ||||||
| 16 | collections under the Use Tax Act, the Service Use Tax Act, the | ||||||
| 17 | Service Occupation Tax Act, and the Retailers' Occupation Tax | ||||||
| 18 | Act, as required under Section 8.25g of the State Finance Act | ||||||
| 19 | for distribution consistent with the Public-Private | ||||||
| 20 | Partnership for Civic and Transit Infrastructure Project Act. | ||||||
| 21 | The moneys received by the Department pursuant to this Act and | ||||||
| 22 | required to be deposited into the Civic and Transit | ||||||
| 23 | Infrastructure Fund are subject to the pledge, claim, and | ||||||
| 24 | charge set forth in Section 25-55 of the Public-Private | ||||||
| 25 | Partnership for Civic and Transit Infrastructure Project Act. | ||||||
| 26 | As used in this paragraph, "civic build", "private entity", | ||||||
| |||||||
| |||||||
| 1 | "public-private agreement", and "public agency" have the | ||||||
| 2 | meanings provided in Section 25-10 of the Public-Private | ||||||
| 3 | Partnership for Civic and Transit Infrastructure Project Act. | ||||||
| 4 | Fiscal Year............................Total Deposit | ||||||
| 5 | 2024....................................$200,000,000 | ||||||
| 6 | 2025....................................$206,000,000 | ||||||
| 7 | 2026....................................$212,200,000 | ||||||
| 8 | 2027....................................$218,500,000 | ||||||
| 9 | 2028....................................$225,100,000 | ||||||
| 10 | 2029....................................$288,700,000 | ||||||
| 11 | 2030....................................$298,900,000 | ||||||
| 12 | 2031....................................$309,300,000 | ||||||
| 13 | 2032....................................$320,100,000 | ||||||
| 14 | 2033....................................$331,200,000 | ||||||
| 15 | 2034....................................$341,200,000 | ||||||
| 16 | 2035....................................$351,400,000 | ||||||
| 17 | 2036....................................$361,900,000 | ||||||
| 18 | 2037....................................$372,800,000 | ||||||
| 19 | 2038....................................$384,000,000 | ||||||
| 20 | 2039....................................$395,500,000 | ||||||
| 21 | 2040....................................$407,400,000 | ||||||
| 22 | 2041....................................$419,600,000 | ||||||
| 23 | 2042....................................$432,200,000 | ||||||
| 24 | 2043....................................$445,100,000 | ||||||
| 25 | Beginning July 1, 2021 and until July 1, 2022, subject to | ||||||
| 26 | the payment of amounts into the State and Local Sales Tax | ||||||
| |||||||
| |||||||
| 1 | Reform Fund, the Build Illinois Fund, the McCormick Place | ||||||
| 2 | Expansion Project Fund, the Illinois Tax Increment Fund, and | ||||||
| 3 | the Tax Compliance and Administration Fund as provided in this | ||||||
| 4 | Section, the Department shall pay each month into the Road | ||||||
| 5 | Fund the amount estimated to represent 16% of the net revenue | ||||||
| 6 | realized from the taxes imposed on motor fuel and gasohol. | ||||||
| 7 | Beginning July 1, 2022 and until July 1, 2023, subject to the | ||||||
| 8 | payment of amounts into the State and Local Sales Tax Reform | ||||||
| 9 | Fund, the Build Illinois Fund, the McCormick Place Expansion | ||||||
| 10 | Project Fund, the Illinois Tax Increment Fund, and the Tax | ||||||
| 11 | Compliance and Administration Fund as provided in this | ||||||
| 12 | Section, the Department shall pay each month into the Road | ||||||
| 13 | Fund the amount estimated to represent 32% of the net revenue | ||||||
| 14 | realized from the taxes imposed on motor fuel and gasohol. | ||||||
| 15 | Beginning July 1, 2023 and until July 1, 2024, subject to the | ||||||
| 16 | payment of amounts into the State and Local Sales Tax Reform | ||||||
| 17 | Fund, the Build Illinois Fund, the McCormick Place Expansion | ||||||
| 18 | Project Fund, the Illinois Tax Increment Fund, and the Tax | ||||||
| 19 | Compliance and Administration Fund as provided in this | ||||||
| 20 | Section, the Department shall pay each month into the Road | ||||||
| 21 | Fund the amount estimated to represent 48% of the net revenue | ||||||
| 22 | realized from the taxes imposed on motor fuel and gasohol. | ||||||
| 23 | Beginning July 1, 2024 and until July 1, 2026, subject to the | ||||||
| 24 | payment of amounts into the State and Local Sales Tax Reform | ||||||
| 25 | Fund, the Build Illinois Fund, the McCormick Place Expansion | ||||||
| 26 | Project Fund, the Illinois Tax Increment Fund, and the Tax | ||||||
| |||||||
| |||||||
| 1 | Compliance and Administration Fund as provided in this | ||||||
| 2 | Section, the Department shall pay each month into the Road | ||||||
| 3 | Fund the amount estimated to represent 64% of the net revenue | ||||||
| 4 | realized from the taxes imposed on motor fuel and gasohol. | ||||||
| 5 | Beginning on July 1, 2026, subject to the payment of amounts | ||||||
| 6 | into the State and Local Sales Tax Reform Fund, the Build | ||||||
| 7 | Illinois Fund, the McCormick Place Expansion Project Fund, the | ||||||
| 8 | Illinois Tax Increment Fund, and the Tax Compliance and | ||||||
| 9 | Administration Fund as provided in this Section, the | ||||||
| 10 | Department shall pay each month into the Public Transportation | ||||||
| 11 | Fund and the Downstate Public Transportation Fund the amount | ||||||
| 12 | estimated to represent 80% of the net revenue realized from | ||||||
| 13 | the taxes imposed on motor fuel and gasohol. Moneys shall be | ||||||
| 14 | apportioned as follows: 85% into the Public Transportation | ||||||
| 15 | Fund and 15% into the Downstate Public Transportation Fund. | ||||||
| 16 | The amounts to be paid each month into the Public | ||||||
| 17 | Transportation Fund and the Downstate Public Transportation | ||||||
| 18 | Fund as provided in this paragraph shall be paid and deposited | ||||||
| 19 | therein directly by the Department and shall not be held or | ||||||
| 20 | subject to transfer from any other fund. As used in this | ||||||
| 21 | paragraph, "motor fuel" has the meaning given to that term in | ||||||
| 22 | Section 1.1 of the Motor Fuel Tax Law, and "gasohol" has the | ||||||
| 23 | meaning given to that term in Section 3-40 of this Act. | ||||||
| 24 | Until July 1, 2025, of the remainder of the moneys | ||||||
| 25 | received by the Department pursuant to this Act, 75% thereof | ||||||
| 26 | shall be paid into the State treasury and 25% shall be reserved | ||||||
| |||||||
| |||||||
| 1 | in a special account and used only for the transfer to the | ||||||
| 2 | Common School Fund as part of the monthly transfer from the | ||||||
| 3 | General Revenue Fund in accordance with Section 8a of the | ||||||
| 4 | State Finance Act. Beginning July 1, 2025, of the remainder of | ||||||
| 5 | the moneys received by the Department pursuant to this Act, | ||||||
| 6 | 75% shall be deposited into the General Revenue Fund and 25% | ||||||
| 7 | shall be deposited into the Common School Fund. | ||||||
| 8 | As soon as possible after the first day of each month, upon | ||||||
| 9 | certification of the Department of Revenue, the Comptroller | ||||||
| 10 | shall order transferred and the Treasurer shall transfer from | ||||||
| 11 | the General Revenue Fund to the Motor Fuel Tax Fund an amount | ||||||
| 12 | equal to 1.7% of 80% of the net revenue realized under this Act | ||||||
| 13 | for the second preceding month. Beginning April 1, 2000, this | ||||||
| 14 | transfer is no longer required and shall not be made. | ||||||
| 15 | Net revenue realized for a month shall be the revenue | ||||||
| 16 | collected by the State pursuant to this Act, less the amount | ||||||
| 17 | paid out during that month as refunds to taxpayers for | ||||||
| 18 | overpayment of liability. | ||||||
| 19 | For greater simplicity of administration, manufacturers, | ||||||
| 20 | importers and wholesalers whose products are sold at retail in | ||||||
| 21 | Illinois by numerous retailers, and who wish to do so, may | ||||||
| 22 | assume the responsibility for accounting and paying to the | ||||||
| 23 | Department all tax accruing under this Act with respect to | ||||||
| 24 | such sales, if the retailers who are affected do not make | ||||||
| 25 | written objection to the Department to this arrangement. | ||||||
| 26 | (Source: P.A. 103-154, eff. 6-30-23; 103-363, eff. 7-28-23; | ||||||
| |||||||
| |||||||
| 1 | 103-592, Article 75, Section 75-5, eff. 1-1-25; 103-592, | ||||||
| 2 | Article 110, Section 110-5, eff. 6-7-24; 103-1055, eff. | ||||||
| 3 | 12-20-24; 104-6, Article 5, Section 5-10, eff. 6-16-25; 104-6, | ||||||
| 4 | Article 35, Section 35-20, eff. 6-16-25; 104-457, eff. | ||||||
| 5 | 6-1-26.) | ||||||
| 6 | Section 30. The People Over Parking Act is amended by | ||||||
| 7 | changing Section 5-5 as follows: | ||||||
| 8 | (50 ILCS 845/5-5) | ||||||
| 9 | (This Section may contain text from a Public Act with a | ||||||
| 10 | delayed effective date) | ||||||
| 11 | Sec. 5-5. Definitions. As used in this Act: | ||||||
| 12 | "Car-share vehicles" means motor vehicles that are | ||||||
| 13 | operated as part of a regional fleet by a public or private | ||||||
| 14 | car-sharing company or organization and provide hourly or | ||||||
| 15 | daily service. | ||||||
| 16 | "Commercial development project" means a development | ||||||
| 17 | project that is undertaken for the development of land for | ||||||
| 18 | commercial use, including residential housing, multi-family | ||||||
| 19 | housing, mixed-use housing, and nonresidential commercial | ||||||
| 20 | developments. | ||||||
| 21 | "Development project" means a project undertaken for the | ||||||
| 22 | purpose of development of land. "Development project" includes | ||||||
| 23 | (i) a project involving the issuance of a permit for | ||||||
| 24 | construction or reconstruction, (ii) a housing development | ||||||
| |||||||
| |||||||
| 1 | project, or (iii) a commercial development project. | ||||||
| 2 | "Development project" does not include a project where any | ||||||
| 3 | portion is designated for use as a hotel, motel, | ||||||
| 4 | bed-and-breakfast inn, or other transient lodging, except | ||||||
| 5 | where a portion of a housing development project is designated | ||||||
| 6 | for use as a residential hotel. | ||||||
| 7 | "Efficiency living unit" has the meaning ascribed to that | ||||||
| 8 | term in the 2018 International Building Code, Sixth Version | ||||||
| 9 | (November 2021). | ||||||
| 10 | "Elderly housing", "low-income household", | ||||||
| 11 | "moderate-income household", "multi-family housing", and "very | ||||||
| 12 | low-income household" have the meanings ascribed to those | ||||||
| 13 | terms in the Illinois Affordable Housing Act. | ||||||
| 14 | "Ferry" means a dock, wharf, or similar apparatus that is | ||||||
| 15 | served by a regularly scheduled, or on demand, ferry or boat | ||||||
| 16 | for passengers and that crosses a river, unfordable stream, | ||||||
| 17 | lake, estuary, or bay. | ||||||
| 18 | "Housing development project" means a development project | ||||||
| 19 | consisting of (i) residential units only, (ii) mixed-use | ||||||
| 20 | developments consisting of residential and nonresidential uses | ||||||
| 21 | with at least two-thirds of the square footage designated for | ||||||
| 22 | residential use, or (iii) transitional housing or supportive | ||||||
| 23 | housing. | ||||||
| 24 | "Maximum automobile parking requirements" means any law, | ||||||
| 25 | code, or policy that limits a maximum number of off-street, | ||||||
| 26 | private parking spaces for new residential and commercial | ||||||
| |||||||
| |||||||
| 1 | developments. | ||||||
| 2 | "Minimum automobile parking requirements" means any law, | ||||||
| 3 | code, or policy that requires a minimum number of off-street, | ||||||
| 4 | private parking spaces for new residential and commercial | ||||||
| 5 | developments. | ||||||
| 6 | "On-street parking" means parking of vehicles on public | ||||||
| 7 | streets or thoroughfares located within the physical | ||||||
| 8 | boundaries of a municipality. | ||||||
| 9 | "Public transportation corridor" means a street on which | ||||||
| 10 | one or more bus routes have a combined frequency of bus service | ||||||
| 11 | interval of 15 minutes or less during the morning and | ||||||
| 12 | afternoon peak commute periods. | ||||||
| 13 | "Public transportation hub" means: (i) a rail transit | ||||||
| 14 | station, (ii) a boat or ferry terminal served by either a bus | ||||||
| 15 | stop or rail transit station, and (iii) an intersection of 2 or | ||||||
| 16 | more public transportation corridors bus routes with a | ||||||
| 17 | combined frequency of bus service interval of 15 minutes or | ||||||
| 18 | less during the morning and afternoon peak commute periods. | ||||||
| 19 | "Rail transit station" means a stop served by regularly | ||||||
| 20 | scheduled intercity rail, regional rail, commuter rail, light | ||||||
| 21 | rail, or rapid transit service for passengers. | ||||||
| 22 | "Residential hotel" means any building containing 6 or | ||||||
| 23 | more guest rooms or efficiency living units that is used or | ||||||
| 24 | intended or designed to be used, rented, hired out, or | ||||||
| 25 | occupied for sleeping purposes by guests and that is also the | ||||||
| 26 | primary residence of those guests. "Residential hotel" does | ||||||
| |||||||
| |||||||
| 1 | not include any building containing 6 or more guest rooms or | ||||||
| 2 | efficiency living units primarily used by transient guests who | ||||||
| 3 | do not occupy the building as their primary residence. | ||||||
| 4 | (Source: P.A. 104-457, eff. 6-1-26.) | ||||||
| 5 | Section 35. The Metropolitan Transit Authority Act is | ||||||
| 6 | amended by changing Sections 15, 19.5, 27, 28, 28d, and 33.10 | ||||||
| 7 | as follows: | ||||||
| 8 | (70 ILCS 3605/15) (from Ch. 111 2/3, par. 315) | ||||||
| 9 | Sec. 15. To the extent permitted by the Northern Illinois | ||||||
| 10 | Transit Authority Act, the Authority shall have power to apply | ||||||
| 11 | for and accept grants and loans from the Federal Government or | ||||||
| 12 | any agency or instrumentality thereof, from the State, or from | ||||||
| 13 | any county, municipal corporation or other political | ||||||
| 14 | subdivision of the State to be used for any of the purposes of | ||||||
| 15 | the Authority, including, but not by way of limitation, grants | ||||||
| 16 | and loans in aid of mass transportation and for studies in mass | ||||||
| 17 | transportation, and may provide matching funds when necessary | ||||||
| 18 | to qualify for such grants or loans. The Authority may enter | ||||||
| 19 | into any agreement with the Federal Government, the State, and | ||||||
| 20 | any county, municipal corporation or other political | ||||||
| 21 | subdivision of the State in relation to such grants or loans; | ||||||
| 22 | provided that such agreement does not conflict with any of the | ||||||
| 23 | provisions of any trust agreement securing the payment of | ||||||
| 24 | bonds or certificates of the Authority. | ||||||
| |||||||
| |||||||
| 1 | The Authority may also accept from the State, or from any | ||||||
| 2 | county or other political subdivision, or from any municipal | ||||||
| 3 | corporation, or school district, or school authorities, grants | ||||||
| 4 | or other funds authorized by law to be paid to the Authority | ||||||
| 5 | for any of the purposes of this Act. | ||||||
| 6 | (Source: P.A. 104-457, eff. 6-1-26.) | ||||||
| 7 | (70 ILCS 3605/19.5) | ||||||
| 8 | (This Section may contain text from a Public Act with a | ||||||
| 9 | delayed effective date) | ||||||
| 10 | Sec. 19.5. Chicago Transit Board. | ||||||
| 11 | (a) The governing body of the Chicago Transit Authority | ||||||
| 12 | shall be the Chicago Transit Board. Beginning September 1, | ||||||
| 13 | 2026, the Board shall consist of 7 members appointed as | ||||||
| 14 | follows: | ||||||
| 15 | (1) Two members appointed by the Governor, with the | ||||||
| 16 | advice and consent of the Senate, including: | ||||||
| 17 | (A) a member with an initial term of 5 years who | ||||||
| 18 | shall serve as a member of the Northern Illinois | ||||||
| 19 | Transit Authority; and | ||||||
| 20 | (B) a member with an initial term of 3 years. | ||||||
| 21 | (2) Three members appointed by the Mayor of Chicago, | ||||||
| 22 | with the advice and consent of the City Council of the City | ||||||
| 23 | of Chicago, including: | ||||||
| 24 | (A) a member with an initial term of 3 years who | ||||||
| 25 | shall serve as a member of the Northern Illinois | ||||||
| |||||||
| |||||||
| 1 | Transit Authority; | ||||||
| 2 | (B) a member with an initial term of 5 years who | ||||||
| 3 | shall serve as a member of the Northern Illinois | ||||||
| 4 | Transit Authority; and | ||||||
| 5 | (C) a member with an initial term of 3 years. | ||||||
| 6 | (3) Two members appointed by the President of the Cook | ||||||
| 7 | County Board of Commissioners, with the advice and consent | ||||||
| 8 | of the Cook County Board of Commissioners, including: | ||||||
| 9 | (A) a member with an initial term of 3 years who | ||||||
| 10 | shall serve as a member of the Northern Illinois | ||||||
| 11 | Transit Authority; and | ||||||
| 12 | (B) a member with an initial term of 5 years. | ||||||
| 13 | (b) The subsequent terms of each director appointed under | ||||||
| 14 | subsection (a) shall be 5 years. | ||||||
| 15 | (c) The Chair of the Board shall be elected by a majority | ||||||
| 16 | vote by the members of the Board from among the members of the | ||||||
| 17 | Board. Until September 1, 2030, the Chair of the Board must be | ||||||
| 18 | approved by the Senate. Until September 1, 2030, if the | ||||||
| 19 | members of the Board elect a Chair of the Board, then the | ||||||
| 20 | elected Chair of the Board may serve as a the acting Chair of | ||||||
| 21 | the Board until confirmation. Until September 1, 2030, if the | ||||||
| 22 | Senate votes against confirming the acting Chair of the Board, | ||||||
| 23 | then the acting Chair of the Board must resign and the members | ||||||
| 24 | of the Board must elect a new Chair of the Board. | ||||||
| 25 | (d) Initial appointments of members under subsection (a) | ||||||
| 26 | must be made in time for the members to begin their terms on | ||||||
| |||||||
| |||||||
| 1 | September 1, 2026. | ||||||
| 2 | (e) On September 1, 2026, the terms of all members serving | ||||||
| 3 | on the effective date of this amendatory Act of the 104th | ||||||
| 4 | General Assembly, and of any members appointed to fill a | ||||||
| 5 | vacancy, shall immediately expire. If a vacancy on the Board | ||||||
| 6 | occurs before September 1, 2026, then the vacancy shall be | ||||||
| 7 | filled under Section 21. Members serving on the effective date | ||||||
| 8 | of this amendatory Act of the 104th General Assembly may be | ||||||
| 9 | reappointed under subsection (a). | ||||||
| 10 | (f) The members of the Board shall receive an annual | ||||||
| 11 | salary of $15,000, except that members of the Board who are | ||||||
| 12 | also members of the Board of the Northern Illinois Transit | ||||||
| 13 | Authority shall receive $10,000 $5,000 per year in addition to | ||||||
| 14 | the compensation the members receive for serving on the Board | ||||||
| 15 | of the Northern Illinois Transit Authority. | ||||||
| 16 | (g) Directors shall have diverse and substantial relevant | ||||||
| 17 | experience and expertise for overseeing the planning, | ||||||
| 18 | operation, and funding of a transit agency regional | ||||||
| 19 | transportation system, including, but not limited to, | ||||||
| 20 | backgrounds in urban and regional planning, management of | ||||||
| 21 | large capital projects, labor and workforce development, | ||||||
| 22 | business management, public administration, transportation, | ||||||
| 23 | and community organizations. Except as otherwise provided by | ||||||
| 24 | this Act, a director, while serving as such, shall not be an | ||||||
| 25 | officer, member of the board of directors or board of | ||||||
| 26 | trustees, or employee of any Service Board or transportation | ||||||
| |||||||
| |||||||
| 1 | agency, shall not be an employee of the State of Illinois or | ||||||
| 2 | any department or agency thereof or any municipality, county, | ||||||
| 3 | or any other unit of local government, and shall not receive | ||||||
| 4 | any compensation from any elected or appointed office under | ||||||
| 5 | the Constitution or laws of this State, except that a Director | ||||||
| 6 | may be a member of a school board or a member of the National | ||||||
| 7 | Guard. | ||||||
| 8 | (h) Those responsible for appointing Directors shall | ||||||
| 9 | strive to assemble a set of Directors that, to the greatest | ||||||
| 10 | extent possible, reflects the ethnic, cultural, economic, | ||||||
| 11 | racial, and geographic diversity of the metropolitan region. | ||||||
| 12 | (Source: P.A. 104-457, eff. 6-1-26.) | ||||||
| 13 | (70 ILCS 3605/27) (from Ch. 111 2/3, par. 327) | ||||||
| 14 | Sec. 27. The Board may appoint an Executive Director with | ||||||
| 15 | the advice and consent of the Board of the Northern Illinois | ||||||
| 16 | Transit Authority. The Executive Director shall have | ||||||
| 17 | demonstrated experience with one or more of the following | ||||||
| 18 | areas: (i) public transportation system operations; (ii) | ||||||
| 19 | infrastructure capital project management; or (iii) legal or | ||||||
| 20 | human resource management for a public agency. The Executive | ||||||
| 21 | Director shall also meet any qualifications that may be set, | ||||||
| 22 | by ordinance, by the Northern Illinois Transit Authority. The | ||||||
| 23 | Chair of the Board of the Northern Illinois Transit Authority | ||||||
| 24 | and the Executive Director of the Northern Illinois Transit | ||||||
| 25 | Authority shall be included in the process for choosing the | ||||||
| |||||||
| |||||||
| 1 | Executive Director of the Authority, including membership in | ||||||
| 2 | any search committee. The Executive Director shall be a person | ||||||
| 3 | of recognized ability and experience in the operation of | ||||||
| 4 | transportation systems and shall hold office during the | ||||||
| 5 | pleasure of the Board. The Executive Director shall have | ||||||
| 6 | management of the properties and business of the Authority and | ||||||
| 7 | the employees thereof, subject to the general control of the | ||||||
| 8 | Board, shall direct the enforcement of all ordinances, | ||||||
| 9 | resolutions, rules, and regulations of the Board, and shall | ||||||
| 10 | perform such other duties and powers as may be prescribed from | ||||||
| 11 | time to time by the Board of the Northern Illinois Transit | ||||||
| 12 | Authority in an ordinance describing the position's role, | ||||||
| 13 | powers, and responsibilities. The Board may appoint a General | ||||||
| 14 | Counsel and a Chief Engineer, and shall provide for the | ||||||
| 15 | appointment of other officers, attorneys, engineers, | ||||||
| 16 | consultants, agents and employees as may be necessary for the | ||||||
| 17 | construction, extension, operation, maintenance, and policing | ||||||
| 18 | of its properties. It shall define their duties and require | ||||||
| 19 | bonds of such of them as the Board may designate. The Executive | ||||||
| 20 | Director, General Counsel, Chief Engineer, and all other | ||||||
| 21 | officers provided for pursuant to this section shall be exempt | ||||||
| 22 | from taking and subscribing to any oath of office. The | ||||||
| 23 | compensation of the Executive Director, General Counsel, Chief | ||||||
| 24 | Engineer, and all other officers, attorneys, consultants, | ||||||
| 25 | agents and employees shall be fixed by the Board. | ||||||
| 26 | (Source: P.A. 104-457, eff. 6-1-26.) | ||||||
| |||||||
| |||||||
| 1 | (70 ILCS 3605/28) (from Ch. 111 2/3, par. 328) | ||||||
| 2 | Sec. 28. The Board shall classify all the offices, | ||||||
| 3 | positions and grades of regular and exempt employment | ||||||
| 4 | required, excepting that of the Chairman of the Board, the | ||||||
| 5 | Executive Director, Secretary, Treasurer, General Counsel, and | ||||||
| 6 | Chief Engineer, with reference to the duties, job title, job | ||||||
| 7 | schedule number, and the compensation fixed therefor, and | ||||||
| 8 | adopt rules governing appointments to any of such offices or | ||||||
| 9 | positions on the basis of merit and efficiency. The job title | ||||||
| 10 | shall be generally descriptive of the duties performed in that | ||||||
| 11 | job, and the job schedule number shall be used to identify a | ||||||
| 12 | job title and to further classify positions within a job | ||||||
| 13 | title. No unlawful discrimination, as defined and prohibited | ||||||
| 14 | in the Illinois Human Rights Act, shall be made in any term or | ||||||
| 15 | aspect of employment. There shall not be discrimination based | ||||||
| 16 | upon political reasons or factors. No officer or employee in | ||||||
| 17 | regular employment shall be discharged or demoted except for | ||||||
| 18 | cause which is detrimental to the service. Any officer or | ||||||
| 19 | employee in regular employment who is discharged or demoted | ||||||
| 20 | may file a complaint in writing with the Board within ten days | ||||||
| 21 | after notice of his or her discharge or demotion. If an | ||||||
| 22 | employee is a member of a labor organization the complaint may | ||||||
| 23 | be filed by such organization for and on behalf of such | ||||||
| 24 | employee. The Board shall grant a hearing on such complaint | ||||||
| 25 | within thirty (30) days after it is filed. The time and place | ||||||
| |||||||
| |||||||
| 1 | of the hearing shall be fixed by the Board and due notice | ||||||
| 2 | thereof given to the complainant, the labor organization by or | ||||||
| 3 | through which the complaint was filed and the Executive | ||||||
| 4 | Director. The hearing shall be conducted by the Board, or any | ||||||
| 5 | member thereof or any officers' committee or employees' | ||||||
| 6 | committee appointed by the Board. The complainant may be | ||||||
| 7 | represented by counsel. If the Board finds, or approves a | ||||||
| 8 | finding of the member or committee appointed by the Board, | ||||||
| 9 | that the complainant has been unjustly discharged or demoted, | ||||||
| 10 | he or she shall be restored to his or her office or position | ||||||
| 11 | with back pay. The decision of the Board shall be final and not | ||||||
| 12 | subject to review. The Board may designate such offices, | ||||||
| 13 | positions, and grades of employment as exempt as it deems | ||||||
| 14 | necessary for the efficient operation of the business of the | ||||||
| 15 | Authority. The total number of employees occupying exempt | ||||||
| 16 | offices, positions, or grades of employment may not exceed 3% | ||||||
| 17 | of the total employment of the Authority. All exempt offices, | ||||||
| 18 | positions, and grades of employment shall be at will. No | ||||||
| 19 | unlawful discrimination, as defined and prohibited in the | ||||||
| 20 | Illinois Human Rights Act, shall be made in any term or aspect | ||||||
| 21 | of employment. There shall not be discrimination based upon | ||||||
| 22 | political reasons or factors. The Board may abolish any vacant | ||||||
| 23 | or occupied office or position. Additionally, the Board may | ||||||
| 24 | reduce the force of employees for lack of work or lack of funds | ||||||
| 25 | as determined by the Board. When the number of positions or | ||||||
| 26 | employees holding positions of regular employment within a | ||||||
| |||||||
| |||||||
| 1 | particular job title and job schedule number are reduced, | ||||||
| 2 | those employees with the least company seniority in that job | ||||||
| 3 | title and job schedule number shall be first released from | ||||||
| 4 | regular employment service. For a period of one year, an | ||||||
| 5 | employee released from service shall be eligible for | ||||||
| 6 | reinstatement to the job title and job schedule number from | ||||||
| 7 | which he or she was released, in order of company seniority, if | ||||||
| 8 | additional force of employees is required. "Company seniority" | ||||||
| 9 | as used in this Section means the overall employment service | ||||||
| 10 | credited to an employee by the Authority since the employee's | ||||||
| 11 | most recent date of hire irrespective of job titles held. If 2 | ||||||
| 12 | or more employees have the same company seniority date, time | ||||||
| 13 | in the affected job title and job schedule number shall be used | ||||||
| 14 | to break the company seniority tie. For purposes of this | ||||||
| 15 | Section, company seniority shall be considered a working | ||||||
| 16 | condition. When employees are represented by a labor | ||||||
| 17 | organization that has a labor agreement with the Authority, | ||||||
| 18 | the wages, hours, and working conditions (including, but not | ||||||
| 19 | limited to, seniority rights) shall be governed by the terms | ||||||
| 20 | of the agreement. Exempt employment shall not include any | ||||||
| 21 | employees who are represented by a labor organization that has | ||||||
| 22 | a labor agreement with the Authority. | ||||||
| 23 | No employee, officer, or agent of the Chicago Transit | ||||||
| 24 | Board may receive a bonus that exceeds 10% of his or her annual | ||||||
| 25 | salary unless that bonus has been reviewed for a period of 14 | ||||||
| 26 | days by the Northern Illinois Transit Authority Board. After | ||||||
| |||||||
| |||||||
| 1 | 14 days, the bonus shall be considered reviewed. This Section | ||||||
| 2 | does not apply to usual and customary salary adjustments. | ||||||
| 3 | (Source: P.A. 104-457, eff. 6-1-26.) | ||||||
| 4 | (70 ILCS 3605/28d) | ||||||
| 5 | Sec. 28d. Employment contracts. Except as otherwise | ||||||
| 6 | provided in Section 28a, before the Chicago Transit Board may | ||||||
| 7 | enter into or amend any employment contract in excess of | ||||||
| 8 | $200,000 $100,000, the Chicago Transit Board must submit that | ||||||
| 9 | contract or amendment to the Northern Illinois Transit | ||||||
| 10 | Authority Board for review for a period of 14 days. After 14 | ||||||
| 11 | days, the contract shall be considered reviewed. This Section | ||||||
| 12 | applies only to contracts entered into or amended on or after | ||||||
| 13 | the effective date of this amendatory Act of the 98th General | ||||||
| 14 | Assembly. | ||||||
| 15 | (Source: P.A. 104-457, eff. 6-1-26.) | ||||||
| 16 | (70 ILCS 3605/33.10) | ||||||
| 17 | (This Section may contain text from a Public Act with a | ||||||
| 18 | delayed effective date) | ||||||
| 19 | Sec. 33.10. Budget and program. The Authority, subject to | ||||||
| 20 | the powers of the Northern Illinois Transit Authority, | ||||||
| 21 | including the budget review powers contained in Section 4.11 | ||||||
| 22 | of the Northern Illinois Transit Authority Act, shall, by | ||||||
| 23 | ordinance, appropriate money to perform the Authority's | ||||||
| 24 | purposes and provide for payment of debts and expenses of the | ||||||
| |||||||
| |||||||
| 1 | Authority. Each year, as part of the process set forth in | ||||||
| 2 | Section 4.11 of the Northern Illinois Transit Authority Act, | ||||||
| 3 | the Northern Illinois Transit Authority shall prepare and | ||||||
| 4 | publish a comprehensive annual budget and proposed 5-Year | ||||||
| 5 | Capital Program document, and a financial plan for the 2 years | ||||||
| 6 | thereafter describing the state of the Authority and | ||||||
| 7 | presenting for the forthcoming fiscal year and the 2 following | ||||||
| 8 | years the Authority's plans for such operations and capital | ||||||
| 9 | expenditures as it intends to undertake and the means by which | ||||||
| 10 | it intends to finance them. The proposed budget, financial | ||||||
| 11 | plan, and 5-Year Capital Program shall be based on the | ||||||
| 12 | Northern Illinois Transit Authority's estimate of funds to be | ||||||
| 13 | made available to the Board by or through the Authority and | ||||||
| 14 | shall conform in all respects to the requirements established | ||||||
| 15 | by the Northern Illinois Transit Authority. The proposed | ||||||
| 16 | budget, financial plan, and 5-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 the year and the funds estimated | ||||||
| 20 | to be on hand at the end of the year. The fiscal year of the | ||||||
| 21 | Authority shall be the same as the fiscal year of the Northern | ||||||
| 22 | Illinois Transit Authority. The proposed budget, financial | ||||||
| 23 | plan, and 5-Year Capital Program shall be included in the | ||||||
| 24 | Northern Illinois Transit Authority's public hearings under | ||||||
| 25 | Section 4.01 4.11 of the Northern Illinois Transit Authority | ||||||
| 26 | Act. The budget, financial plan, and 5-Year Capital Program | ||||||
| |||||||
| |||||||
| 1 | shall then be finalized by the Northern Illinois Transit | ||||||
| 2 | Authority as provided in Section 4.01 4.11. The ordinance | ||||||
| 3 | adopted by the Northern Illinois Transit Authority as provided | ||||||
| 4 | in Section 4.01 4.11 shall appropriate the sums of money as are | ||||||
| 5 | deemed necessary to defray all necessary expenses and | ||||||
| 6 | obligations of the Authority, specifying purposes and the | ||||||
| 7 | objects or programs for which appropriations are made and the | ||||||
| 8 | amount appropriated for each object or program. Additional | ||||||
| 9 | appropriations, transfers between items, and other changes in | ||||||
| 10 | the ordinance that do not alter the basis upon which the | ||||||
| 11 | balanced budget determination was made by the Board of the | ||||||
| 12 | Northern Illinois Transit Authority may be made from time to | ||||||
| 13 | time by the Authority. The Authority shall not (i) use any | ||||||
| 14 | funds in its budget, or in reserves, allocated for operational | ||||||
| 15 | expenses to fund capital projects or (ii) transfer moneys from | ||||||
| 16 | any funds in its budget, or in reserves, allocated for | ||||||
| 17 | operational expenses to an account primarily used to fund | ||||||
| 18 | capital projects. | ||||||
| 19 | (Source: P.A. 104-457, eff. 6-1-26.) | ||||||
| 20 | (70 ILCS 3605/51.5 rep.) | ||||||
| 21 | Section 40. The Metropolitan Transit Authority Act is | ||||||
| 22 | amended by repealing Section 51.5. | ||||||
| 23 | Section 45. The Local Mass Transit District Act is amended | ||||||
| 24 | by changing Section 5.08 as follows: | ||||||
| |||||||
| |||||||
| 1 | (70 ILCS 3610/5.08) | ||||||
| 2 | (This Section may contain text from a Public Act with a | ||||||
| 3 | delayed effective date) | ||||||
| 4 | Sec. 5.08. Transit-supportive development and | ||||||
| 5 | trail-supportive development. | ||||||
| 6 | (a) As used in this Section: | ||||||
| 7 | "Transit-supportive development" means residential, | ||||||
| 8 | commercial, and governmental facilities and supporting | ||||||
| 9 | infrastructure improvements that are designed to facilitate | ||||||
| 10 | access to and use of public transit or public trails and that | ||||||
| 11 | are located within either (i) one-half mile of a public | ||||||
| 12 | transportation station or (ii) one-eighth mile of a bus stop | ||||||
| 13 | on a public transportation bus route. | ||||||
| 14 | "Trail-supportive development" means residential, | ||||||
| 15 | commercial, and governmental facilities, and supporting | ||||||
| 16 | infrastructure improvements that are (i) located within | ||||||
| 17 | one-quarter mile of a public trail and (ii) designed to | ||||||
| 18 | facilitate access to and use of public transit or public | ||||||
| 19 | trails. | ||||||
| 20 | (b) The Board of Trustees of any Transit District may | ||||||
| 21 | acquire, construct, own, operate, or maintain for public | ||||||
| 22 | service transit-supportive developments and trail-supportive | ||||||
| 23 | developments and may exercise all powers necessary or | ||||||
| 24 | convenient to accomplish the purposes of this Section. | ||||||
| 25 | (c) The Board of Trustees of any Transit District may | ||||||
| |||||||
| |||||||
| 1 | acquire by purchase, condemnation, lease, gift, or otherwise | ||||||
| 2 | any property and rights useful for its transit-supportive | ||||||
| 3 | development purposes and trail-supportive development purposes | ||||||
| 4 | and may sell, lease, transfer, or convey any property or | ||||||
| 5 | rights when no longer useful or to exchange the same for other | ||||||
| 6 | property or rights that are useful for its purposes. | ||||||
| 7 | (d) In addition to other powers provided in this | ||||||
| 8 | amendatory Act of the 104th General Assembly, the Board of | ||||||
| 9 | Trustees of any Transit District may enter into contracts and | ||||||
| 10 | agreements with governmental, not-for-profit, and for-profit | ||||||
| 11 | entities for the development, construction, and operation of | ||||||
| 12 | transit-supportive developments and trail-supportive | ||||||
| 13 | developments. | ||||||
| 14 | (e) The Board of Trustees of any Transit District shall | ||||||
| 15 | have the continuing power to borrow money for (i) the purpose | ||||||
| 16 | of acquiring, constructing, reconstructing, extending, or | ||||||
| 17 | improving transit-supportive developments and | ||||||
| 18 | trail-supportive developments or any part of those | ||||||
| 19 | developments and (ii) the purpose of acquiring property and | ||||||
| 20 | equipment useful for the construction, reconstruction, | ||||||
| 21 | extension, improvement, or operation of its transit-supportive | ||||||
| 22 | developments and trail-supportive developments or any part of | ||||||
| 23 | those developments. | ||||||
| 24 | (f) This Section does not exempt the Board of Trustees of | ||||||
| 25 | any Transit District from complying with land use regulations | ||||||
| 26 | applicable to the property involved in a transit-supportive | ||||||
| |||||||
| |||||||
| 1 | development or trail-supportive development. | ||||||
| 2 | (Source: P.A. 104-457, eff. 6-1-26.) | ||||||
| 3 | Section 50. The Regional Transportation Authority Act is | ||||||
| 4 | amended by changing Sections 1.02, 1.03, 2.01a, 2.01b, 2.01f, | ||||||
| 5 | 2.04, 2.05, 2.06.2, 2.11.05, 2.11.15, 2.11.35, 2.14, 2.41, | ||||||
| 6 | 2.49, 3.01, 3A.02, 3A.06, 3A.10.5, 3A.15.5, 3A.18, 3B.02.5, | ||||||
| 7 | 3B.06, 3B.10.5, 3B.26, 4.01, 4.01b, 4.03, 4.04, 4.09, 5.05, | ||||||
| 8 | 6.01, 7.02, 7.03, and 7.04 and by adding Section 2.50 as | ||||||
| 9 | follows: | ||||||
| 10 | (70 ILCS 3615/1.02) (from Ch. 111 2/3, par. 701.02) | ||||||
| 11 | Sec. 1.02. Findings and Purpose. | ||||||
| 12 | (a) The General Assembly finds; | ||||||
| 13 | (1) Public transportation is, as provided in Section 7 | ||||||
| 14 | of Article XIII of the Illinois Constitution, an essential | ||||||
| 15 | public purpose for which public funds may be expended and | ||||||
| 16 | that Section authorizes the State to provide financial | ||||||
| 17 | assistance to units of local government for distribution | ||||||
| 18 | to providers of public transportation. There is an urgent | ||||||
| 19 | need to reform and continue a unit of local government to | ||||||
| 20 | assure the proper management of public transportation and | ||||||
| 21 | to receive and distribute State or federal operating | ||||||
| 22 | assistance and to raise and distribute revenues for local | ||||||
| 23 | operating assistance. System generated revenues are not | ||||||
| 24 | adequate for such service and a public need exists to | ||||||
| |||||||
| |||||||
| 1 | provide for, aid and assist public transportation in the | ||||||
| 2 | northeastern area of the State, consisting of Cook, | ||||||
| 3 | DuPage, Kane, Lake, McHenry and Will Counties. | ||||||
| 4 | (2) Comprehensive and coordinated regional public | ||||||
| 5 | transportation is essential to the public health, safety, | ||||||
| 6 | and welfare. It is essential to economic well-being, | ||||||
| 7 | maintenance of full employment, conservation of sources of | ||||||
| 8 | energy and land for open space and reduction of traffic | ||||||
| 9 | congestion and for providing and maintaining a healthful | ||||||
| 10 | environment for the benefit of present and future | ||||||
| 11 | generations in the metropolitan region. Public | ||||||
| 12 | transportation improves access to jobs, commercial | ||||||
| 13 | facilities, schools, and cultural attractions. Public | ||||||
| 14 | transportation decreases air pollution and other | ||||||
| 15 | environmental hazards resulting from excessive use of | ||||||
| 16 | automobiles and allows for more efficient land use and | ||||||
| 17 | planning. | ||||||
| 18 | (3) Transportation in the metropolitan region is being | ||||||
| 19 | threatened by grave financial conditions. With existing | ||||||
| 20 | methods of financing, coordination, structure, and | ||||||
| 21 | management, the public transportation system is not | ||||||
| 22 | providing adequate public transportation to ensure the | ||||||
| 23 | public health, safety, and welfare. | ||||||
| 24 | (3.5) The COVID-19 pandemic caused unprecedented | ||||||
| 25 | disruption in public transportation ridership and | ||||||
| 26 | operations from which the service providers have yet to | ||||||
| |||||||
| |||||||
| 1 | fully recover and the pandemic-related federal funding | ||||||
| 2 | support for public transportation operations has expired. | ||||||
| 3 | Although ridership levels continue to improve from the | ||||||
| 4 | lowest levels observed during the pandemic, net ridership | ||||||
| 5 | levels have not recovered to pre-pandemic levels. | ||||||
| 6 | Furthermore, the system experienced persistent losses in | ||||||
| 7 | ridership, service quality, and financial stability for | ||||||
| 8 | many years before the pandemic. These systemic issues, | ||||||
| 9 | combined with the changes in passenger behaviors, | ||||||
| 10 | experiences, and commuting patterns since the pandemic, | ||||||
| 11 | create conditions untenable to a sustainable and thriving | ||||||
| 12 | public transportation system. | ||||||
| 13 | (4) Additional commitments to the public | ||||||
| 14 | transportation needs of persons with disabilities, the | ||||||
| 15 | economically disadvantaged, and the elderly are necessary. | ||||||
| 16 | Further, additional commitments to the public transit | ||||||
| 17 | needs of persons who currently reside in areas with | ||||||
| 18 | limited, infrequent, or no public transit service are | ||||||
| 19 | needed to eliminate existing public transit deserts and | ||||||
| 20 | ensure that all residents of the metropolitan region have | ||||||
| 21 | access to frequent, reliable, safe, and interconnected | ||||||
| 22 | transit options. | ||||||
| 23 | (5) To solve these problems, it is necessary to | ||||||
| 24 | provide for the creation and empowerment of the Northern | ||||||
| 25 | Illinois Transit Authority with the powers necessary to | ||||||
| 26 | insure adequate public transportation. | ||||||
| |||||||
| |||||||
| 1 | (b) (Blank). | ||||||
| 2 | (c) (Blank). | ||||||
| 3 | (d) It is the purpose of this Act to provide for, aid and | ||||||
| 4 | assist public transportation in the northeastern area of the | ||||||
| 5 | State without impairing the overall quality of existing public | ||||||
| 6 | transportation by providing for the creation of a single | ||||||
| 7 | authority responsive to the people and elected officials of | ||||||
| 8 | the area and with the power and competence to develop, | ||||||
| 9 | implement, and enforce plans that promote adequate, efficient, | ||||||
| 10 | geographically equitable and coordinated public | ||||||
| 11 | transportation, provide financial review of the providers of | ||||||
| 12 | public transportation in the metropolitan region and | ||||||
| 13 | facilitate public transportation provided by Service Boards | ||||||
| 14 | which is attractive and economical to users, comprehensive, | ||||||
| 15 | coordinated among its various elements, economical, safe, | ||||||
| 16 | efficient and coordinated with area and State plans. | ||||||
| 17 | (e) It is the intent of this Act to continue and maintain | ||||||
| 18 | the existence of the Regional Transportation Authority, | ||||||
| 19 | notwithstanding a change in its name and appointment powers | ||||||
| 20 | and authorities, and is in no way intended to change, modify, | ||||||
| 21 | or restrict the rights of existing Regional Transportation | ||||||
| 22 | Transit Authority bondholders or to change or repeal the | ||||||
| 23 | non-impairment covenant in the current Regional Transportation | ||||||
| 24 | Authority legislation. | ||||||
| 25 | (Source: P.A. 104-457, eff. 6-1-26.) | ||||||
| |||||||
| |||||||
| 1 | (70 ILCS 3615/1.03) (from Ch. 111 2/3, par. 701.03) | ||||||
| 2 | Sec. 1.03. Definitions. As used in this Act: | ||||||
| 3 | "Authority" means the Northern Illinois Transit Authority | ||||||
| 4 | (formerly the Regional Transportation Authority). | ||||||
| 5 | "Board" means the Board of Directors of the Northern | ||||||
| 6 | Illinois Transit Authority (formerly the Board of Directors of | ||||||
| 7 | the Regional Transportation Authority). | ||||||
| 8 | "Construct or acquire" means plan, design, construct, | ||||||
| 9 | reconstruct, improve, modify, extend, landscape, expand or | ||||||
| 10 | acquire. | ||||||
| 11 | "Limited English proficient individual" means an | ||||||
| 12 | individual who does not speak English as the individual's | ||||||
| 13 | primary language and who has a limited ability to read, speak, | ||||||
| 14 | write, or understand English. | ||||||
| 15 | "Metropolitan Region" means all territory included within | ||||||
| 16 | the territory of the Authority as provided in this Act, and | ||||||
| 17 | such territory as may be annexed to the Authority. | ||||||
| 18 | "Municipality", "County" and "Unit of Local Government" | ||||||
| 19 | have the meanings given to such terms in Section 1 of Article | ||||||
| 20 | VII of the Illinois Constitution. | ||||||
| 21 | "Operate" means operate, maintain, administer, repair, | ||||||
| 22 | promote and any other acts necessary or proper with regard to | ||||||
| 23 | such matters. | ||||||
| 24 | "Passenger miles traveled" means the cumulative sum of the | ||||||
| 25 | distances ridden by each passenger. | ||||||
| 26 | "Public Transportation" means the transportation or | ||||||
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| 1 | conveyance of persons within the metropolitan region by means | ||||||
| 2 | available to the general public, including groups of the | ||||||
| 3 | general public with special needs, except for transportation | ||||||
| 4 | by automobiles not used for conveyance of the general public | ||||||
| 5 | as passengers. | ||||||
| 6 | "Public Transportation Facilities" means all equipment or | ||||||
| 7 | property, real or personal, or rights therein, useful or | ||||||
| 8 | necessary for providing, maintaining or administering public | ||||||
| 9 | transportation within the metropolitan region or otherwise | ||||||
| 10 | useful for carrying out or meeting the purposes or powers of | ||||||
| 11 | the Authority, except it shall not include roads, streets, | ||||||
| 12 | highways or bridges or toll highways or toll bridges for | ||||||
| 13 | general public use. | ||||||
| 14 | "Qualified interpreter" or "qualified translator" means an | ||||||
| 15 | individual proficient in both English and the non-English | ||||||
| 16 | language used by the limited English proficient individual, | ||||||
| 17 | with demonstrated ability to interpret or translate accurately | ||||||
| 18 | and impartially. | ||||||
| 19 | "Service Boards" means the Board of the Commuter Rail | ||||||
| 20 | Division of the Authority, the Board of the Suburban Bus | ||||||
| 21 | Division of the Authority, and the Board of the Chicago | ||||||
| 22 | Transit Authority established pursuant to the Chicago Transit | ||||||
| 23 | Authority Act. | ||||||
| 24 | "Service standards" means quantitative and qualitative | ||||||
| 25 | attributes of public transit service as well as the | ||||||
| 26 | appropriate level of service to be provided across the | ||||||
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| 1 | metropolitan region. | ||||||
| 2 | "Supermajority vote" means the affirmative vote of: | ||||||
| 3 | (1) until September 1, 2026, 12 of the Authority's | ||||||
| 4 | then Directors; or | ||||||
| 5 | (2) beginning September 1, 2026, either at least 15 of | ||||||
| 6 | the Authority's then Directors or 12 of the Authority's | ||||||
| 7 | then Directors if there are: | ||||||
| 8 | (A) at least 2 affirmative votes from Directors | ||||||
| 9 | appointed under subsection (a) of Section 3.01.05 | ||||||
| 10 | 3.01; | ||||||
| 11 | (B) at least 2 affirmative votes from Directors | ||||||
| 12 | appointed under subsection (a-5) of Section 3.01.05 | ||||||
| 13 | 3.01; | ||||||
| 14 | (C) at least 2 affirmative votes from Directors | ||||||
| 15 | appointed under subsection (b) of Section 3.01.05 | ||||||
| 16 | 3.01; and | ||||||
| 17 | (D) at least 2 affirmative votes from Directors | ||||||
| 18 | appointed under subsection (b-5) of Section 3.01.05 | ||||||
| 19 | 3.01. | ||||||
| 20 | "Transportation Agency" means any individual, firm, | ||||||
| 21 | partnership, corporation, association, body politic, municipal | ||||||
| 22 | corporation, public authority, unit of local government or | ||||||
| 23 | other person, other than the Authority and the Service Boards, | ||||||
| 24 | which provides public transportation, any local mass transit | ||||||
| 25 | district created pursuant to the Local Mass Transit District | ||||||
| 26 | Act and any urban transportation district created pursuant to | ||||||
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| |||||||
| 1 | the Urban Transportation District Act, which districts are | ||||||
| 2 | located in whole or in part within the metropolitan region. | ||||||
| 3 | "Unlinked passenger trips" means the number of passengers | ||||||
| 4 | who board public transportation vehicles. Passengers are | ||||||
| 5 | counted each time they board vehicles no matter how many | ||||||
| 6 | vehicles they use to travel from their origin to destination. | ||||||
| 7 | "Vehicle revenue hours" means the hours that vehicles are | ||||||
| 8 | scheduled to or actually travel while in revenue service. | ||||||
| 9 | "Vehicle revenue hours" includes layover or recovery time. | ||||||
| 10 | "Vehicle revenue hours" does not include deadhead, operator | ||||||
| 11 | training, vehicle maintenance testing, and other non-revenue | ||||||
| 12 | uses of vehicles. | ||||||
| 13 | "Vehicle revenue miles" means the miles that vehicles are | ||||||
| 14 | scheduled to or actually travel while in revenue service. | ||||||
| 15 | "Vehicle revenue miles" includes distances traveled during | ||||||
| 16 | layover or recovery time. "Vehicle revenue miles" does not | ||||||
| 17 | include deadhead, operator training, vehicle maintenance | ||||||
| 18 | testing, and other non-revenue uses of vehicles. | ||||||
| 19 | "Vital documents" means materials critical for obtaining | ||||||
| 20 | services or understanding rider rights, including fare | ||||||
| 21 | schedules, safety information, service announcements, and | ||||||
| 22 | notices of rights or responsibilities. | ||||||
| 23 | (Source: P.A. 104-457, eff. 6-1-26.) | ||||||
| 24 | (70 ILCS 3615/2.01a) | ||||||
| 25 | Sec. 2.01a. Strategic Plan. | ||||||
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| |||||||
| 1 | (a) By a supermajority vote, the Authority shall adopt a | ||||||
| 2 | Strategic Plan, no less than every 5 years, after consultation | ||||||
| 3 | with the Service Boards and after holding a minimum of 3 public | ||||||
| 4 | hearings in Cook County, at least one of which shall be held in | ||||||
| 5 | the City of Chicago, and one public hearing in each of the | ||||||
| 6 | other counties in the region. The Executive Director of the | ||||||
| 7 | Authority shall review the Strategic Plan on an ongoing basis | ||||||
| 8 | and make recommendations to the Board of the Authority with | ||||||
| 9 | respect to any update or amendment of the Strategic Plan. The | ||||||
| 10 | Strategic Plan shall describe the specific actions to be taken | ||||||
| 11 | by the Authority and the Service Boards to provide adequate, | ||||||
| 12 | efficient, and coordinated public transportation. | ||||||
| 13 | (b) The Strategic Plan shall identify goals and objectives | ||||||
| 14 | with respect to: | ||||||
| 15 | (i) increasing ridership and passenger miles on public | ||||||
| 16 | transportation funded by the Authority; | ||||||
| 17 | (ii) increasing per capita transit ridership and the | ||||||
| 18 | share of trips taken by transit in the region; | ||||||
| 19 | (iii) using public transportation to reduce greenhouse | ||||||
| 20 | gas and other emissions from the transportation sector; | ||||||
| 21 | (iv) coordination of public transportation services | ||||||
| 22 | and the investment in public transportation facilities to | ||||||
| 23 | enhance the integration of public transportation | ||||||
| 24 | throughout the metropolitan region; | ||||||
| 25 | (v) coordination of fare and transfer policies to | ||||||
| 26 | promote transfers by riders among Service Boards, | ||||||
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| 1 | Transportation Agencies, and public transportation modes, | ||||||
| 2 | which may include goals and objectives for development of | ||||||
| 3 | a universal fare instrument that riders may use | ||||||
| 4 | interchangeably on all public transportation funded by the | ||||||
| 5 | Authority, and methods to be used to allocate revenues | ||||||
| 6 | from transfers; | ||||||
| 7 | (vi) improvements in public transportation facilities | ||||||
| 8 | to bring those facilities into a state of good repair, | ||||||
| 9 | enhancements that attract ridership and improve customer | ||||||
| 10 | service, and expansions needed to serve areas with | ||||||
| 11 | sufficient demand for public transportation; | ||||||
| 12 | (vii) increasing access for transit-dependent | ||||||
| 13 | populations, including low-income communities, seniors, | ||||||
| 14 | students, and people with disabilities; | ||||||
| 15 | (viii) increasing access by low-income communities to | ||||||
| 16 | places of employment, using analyses provided by the | ||||||
| 17 | Chicago Metropolitan Agency for Planning regarding | ||||||
| 18 | employment and transportation availability, and giving | ||||||
| 19 | consideration to the location of employment centers in | ||||||
| 20 | each county and the availability of public transportation | ||||||
| 21 | at off-peak hours and on weekends; | ||||||
| 22 | (ix) the financial viability of the public | ||||||
| 23 | transportation system, including both operating and | ||||||
| 24 | capital programs; | ||||||
| 25 | (x) improving roadway operations within the | ||||||
| 26 | metropolitan region to enhance transit options and to | ||||||
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| |||||||
| 1 | improve mobility; | ||||||
| 2 | (xi) land use policies, practices, and incentives that | ||||||
| 3 | make more effective use of public transportation services | ||||||
| 4 | and facilities as community assets and encourage locating | ||||||
| 5 | the siting of businesses, homes, and public facilities | ||||||
| 6 | near public transportation services and facilities to | ||||||
| 7 | provide convenient and affordable travel for residents, | ||||||
| 8 | customers, and employees in the metropolitan region; | ||||||
| 9 | (xii) policies, practices, and incentives that will | ||||||
| 10 | better integrate public transportation with other active | ||||||
| 11 | modes of transportation; and | ||||||
| 12 | (xiii) such other goals and objectives that advance | ||||||
| 13 | the policy of the State to provide adequate, efficient, | ||||||
| 14 | geographically equitable and coordinated public | ||||||
| 15 | transportation in the metropolitan region. | ||||||
| 16 | (c) The Strategic Plan shall establish the process and | ||||||
| 17 | criteria by which proposals for capital improvements by the | ||||||
| 18 | Authority, a Service Board, or a Transportation Agency will be | ||||||
| 19 | evaluated by the Authority for inclusion, as proposed or with | ||||||
| 20 | modifications, in the 5-Year Capital Program, which shall be | ||||||
| 21 | in accordance with the prioritization process set forth in | ||||||
| 22 | Section 2.39. The Strategic Plan Proposals for capital | ||||||
| 23 | improvements may include criteria for: | ||||||
| 24 | (i) allocating funds among maintenance, enhancement, | ||||||
| 25 | and expansion improvements; | ||||||
| 26 | (ii) projects to be funded from the Innovation, | ||||||
| |||||||
| |||||||
| 1 | Coordination, and Enhancement Fund; | ||||||
| 2 | (iii) projects intended to improve or enhance | ||||||
| 3 | ridership or customer service; | ||||||
| 4 | (iv) design and location of station or transit | ||||||
| 5 | improvements intended to promote transfers, increase | ||||||
| 6 | ridership, and support transit-oriented land development; | ||||||
| 7 | (v) assessing the impact of projects on the ability to | ||||||
| 8 | operate and maintain the existing transit system; and | ||||||
| 9 | (vi) other criteria that advance the goals and | ||||||
| 10 | objectives of the Strategic Plan. | ||||||
| 11 | (d) The Strategic Plan shall establish performance | ||||||
| 12 | standards and measurements regarding the adequacy, efficiency, | ||||||
| 13 | geographic equity and coordination of public transportation | ||||||
| 14 | services in the region and the implementation of the goals and | ||||||
| 15 | objectives in the Strategic Plan. At a minimum, such standards | ||||||
| 16 | and measures shall include customer-related performance data | ||||||
| 17 | measured by line, route, or sub-region, as determined by the | ||||||
| 18 | Authority, on the following: | ||||||
| 19 | (i) travel times and on-time performance; | ||||||
| 20 | (ii) ridership data; | ||||||
| 21 | (iii) equipment failure rates; | ||||||
| 22 | (iv) employee and customer safety; | ||||||
| 23 | (v) crowding; | ||||||
| 24 | (vi) cleanliness of vehicles and stations; | ||||||
| 25 | (vii) service productivity; and | ||||||
| 26 | (viii) customer satisfaction. | ||||||
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| 1 | (e) The Strategic Plan shall identify innovations to | ||||||
| 2 | improve the delivery of public transportation and the | ||||||
| 3 | construction of public transportation facilities. | ||||||
| 4 | (f) The Strategic Plan shall describe the expected | ||||||
| 5 | financial condition of public transportation in the | ||||||
| 6 | metropolitan region prospectively over a 10-year period, which | ||||||
| 7 | may include information about the cash position and all known | ||||||
| 8 | obligations of the Authority and the Service Boards including | ||||||
| 9 | operating expenditures, debt service, contributions for | ||||||
| 10 | payment of pension and other post-employment benefits, the | ||||||
| 11 | expected revenues from fares, tax receipts, grants from the | ||||||
| 12 | federal, State, and local governments for operating and | ||||||
| 13 | capital purposes and issuance of debt, the availability of | ||||||
| 14 | working capital, and the resources needed to achieve the goals | ||||||
| 15 | and objectives described in the Strategic Plan. | ||||||
| 16 | (g) In developing the Strategic Plan, the Authority shall | ||||||
| 17 | rely on such demographic and other data, forecasts, and | ||||||
| 18 | assumptions developed by the Chicago Metropolitan Agency for | ||||||
| 19 | Planning with respect to the patterns of population density | ||||||
| 20 | and growth, projected commercial and residential development, | ||||||
| 21 | and environmental factors, within the metropolitan region and | ||||||
| 22 | in areas outside the metropolitan region that may impact | ||||||
| 23 | public transportation utilization in the metropolitan region. | ||||||
| 24 | The Authority shall also consult with the Illinois Department | ||||||
| 25 | of Transportation's Office of Planning and Programming when | ||||||
| 26 | developing the Strategic Plan. Before adopting or amending any | ||||||
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| |||||||
| 1 | Strategic Plan, the Authority shall consult with the Chicago | ||||||
| 2 | Metropolitan Agency for Planning regarding the consistency of | ||||||
| 3 | the Strategic Plan with the Regional Comprehensive Plan | ||||||
| 4 | adopted pursuant to the Regional Planning Act. | ||||||
| 5 | (h) The Authority may adopt, by a supermajority vote, | ||||||
| 6 | sub-regional or corridor plans for specific geographic areas | ||||||
| 7 | of the metropolitan region in order to improve the adequacy, | ||||||
| 8 | efficiency, geographic equity and coordination of existing, or | ||||||
| 9 | the delivery of new, public transportation. Such plans may | ||||||
| 10 | also address areas outside the metropolitan region that may | ||||||
| 11 | impact public transportation utilization in the metropolitan | ||||||
| 12 | region. In preparing a sub-regional or corridor plan, the | ||||||
| 13 | Authority may identify changes in operating practices or | ||||||
| 14 | capital investment in the sub-region or corridor that could | ||||||
| 15 | increase ridership, reduce costs, improve coordination, or | ||||||
| 16 | enhance transit-oriented development. The Authority shall | ||||||
| 17 | consult with any affected Service Boards in the preparation of | ||||||
| 18 | any sub-regional or corridor plans. | ||||||
| 19 | (i) (Blank). | ||||||
| 20 | (Source: P.A. 104-457, eff. 6-1-26.) | ||||||
| 21 | (70 ILCS 3615/2.01b) | ||||||
| 22 | Sec. 2.01b. The 5-Year Capital Program. By a supermajority | ||||||
| 23 | vote, the Authority, after consultation with the Service | ||||||
| 24 | Boards and after holding a minimum of 3 public hearings in Cook | ||||||
| 25 | County, at least one one of which shall be held in the City of | ||||||
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| 1 | Chicago, and one public hearing in each of the other counties | ||||||
| 2 | in the metropolitan region, shall each year adopt a 5-Year | ||||||
| 3 | Capital Program that shall include each capital improvement to | ||||||
| 4 | be undertaken by the Authority or, on behalf of the Authority, | ||||||
| 5 | by a Service Board or Transportation Agency, provided that the | ||||||
| 6 | Authority finds that the improvement meets any criteria for | ||||||
| 7 | capital improvements contained in the Strategic Plan, is not | ||||||
| 8 | inconsistent with any sub-regional or corridor plan adopted by | ||||||
| 9 | the Authority, and can be funded within amounts available with | ||||||
| 10 | respect to the capital and operating costs of such | ||||||
| 11 | improvement. Prior to submitting their proposed capital | ||||||
| 12 | projects to the Authority, each Service Board shall hold at | ||||||
| 13 | least one meeting for consideration of the capital projects | ||||||
| 14 | being submitted to the Authority with representatives of labor | ||||||
| 15 | organizations that have collective bargaining agreements with | ||||||
| 16 | the respective Service Board. The Program shall be based on | ||||||
| 17 | any criteria for capital improvements contained in the | ||||||
| 18 | Strategic Plan, the capital project prioritization process, | ||||||
| 19 | the service standards, the transit asset management plans | ||||||
| 20 | required by 49 CFR 625.25, and other criteria determined by | ||||||
| 21 | the Authority so long as the improvements are not inconsistent | ||||||
| 22 | with any subregional or corridor plan adopted by the Authority | ||||||
| 23 | and can be funded within amounts available with respect to the | ||||||
| 24 | capital and operating costs of the improvement. | ||||||
| 25 | In reviewing proposals for improvements to be included in | ||||||
| 26 | a 5-Year Capital Program, the Authority may give priority to | ||||||
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| |||||||
| 1 | improvements that are intended to bring public transportation | ||||||
| 2 | facilities into a state of good repair. Before adopting a | ||||||
| 3 | 5-Year Capital Program, the Authority shall consult with the | ||||||
| 4 | Chicago Metropolitan Agency for Planning regarding the | ||||||
| 5 | consistency of the 5-Year Capital Program with the Regional | ||||||
| 6 | Comprehensive Plan adopted under the Regional Planning Act. | ||||||
| 7 | The 5-Year Capital Program shall also identify capital | ||||||
| 8 | improvements to be undertaken by a Service Board, a | ||||||
| 9 | Transportation Agency, or a unit of local government and | ||||||
| 10 | funded by the Authority from amounts in the Innovation, | ||||||
| 11 | Coordination, and Enhancement Fund, provided that no | ||||||
| 12 | improvement that is included in the 5-Year Capital Program as | ||||||
| 13 | of the effective date of this amendatory Act of the 95th | ||||||
| 14 | General Assembly may receive funding from the Innovation, | ||||||
| 15 | Coordination, and Enhancement Fund. | ||||||
| 16 | Beginning on January 1, 2027, for each improvement | ||||||
| 17 | identified in the 5-year Capital Program, the Authority shall | ||||||
| 18 | identify the entity responsible for implementing the project. | ||||||
| 19 | The Service Boards shall remain responsible for managing | ||||||
| 20 | contracts they entered into before January 1, 2027 for | ||||||
| 21 | improvements identified in the 5-Year Capital Program, subject | ||||||
| 22 | to the Authority's review and approval. The Authority shall | ||||||
| 23 | retain responsibility for larger or comprehensive improvements | ||||||
| 24 | such as Regionally Significant Projects, as designated by the | ||||||
| 25 | Chicago Metropolitan Agency for Planning; new service | ||||||
| 26 | infrastructure such as a new rail line or a new BRT corridor; | ||||||
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| 1 | large-scale rebuild of existing service infrastructure; new | ||||||
| 2 | service vehicle or rolling stock purchases; or improvements | ||||||
| 3 | that will be used by multiple Service Boards. The Authority | ||||||
| 4 | shall assign to the appropriate Service Board responsibility | ||||||
| 5 | for projects such as general service infrastructure renewal; | ||||||
| 6 | improvements to non-service facilities; overhauls of railcars | ||||||
| 7 | and vehicles; routine maintenance; and projects that will be | ||||||
| 8 | completed entirely by Service Board employees. | ||||||
| 9 | (Source: P.A. 104-457, eff. 6-1-26.) | ||||||
| 10 | (70 ILCS 3615/2.01f) | ||||||
| 11 | (This Section may contain text from a Public Act with a | ||||||
| 12 | delayed effective date) | ||||||
| 13 | Sec. 2.01f. Service planning. | ||||||
| 14 | (a) Beginning December 2027, the Authority shall develop a | ||||||
| 15 | regionally coordinated Service Plan that describes all transit | ||||||
| 16 | service to be provided in the coming year or years. The | ||||||
| 17 | Authority may plan service for periods of not less than 1 year | ||||||
| 18 | and not more than 3 years. | ||||||
| 19 | (b) To assist in the development of Service Plans, the | ||||||
| 20 | Authority may issue a request for proposed service plans to | ||||||
| 21 | all Service Boards. Requests for proposed service plans must | ||||||
| 22 | indicate the first and last years for which service will be | ||||||
| 23 | planned and must not cover more than 3 years. Requests for | ||||||
| 24 | proposed service plans may not be issued to less than all | ||||||
| 25 | Service Boards. | ||||||
| |||||||
| |||||||
| 1 | (c) For years in which the Authority is engaged in Service | ||||||
| 2 | Planning, it shall commence the process by issuing a request | ||||||
| 3 | for proposed service plans to all the Service Boards by the | ||||||
| 4 | preceding December 15. The requests for proposed service plans | ||||||
| 5 | may include: | ||||||
| 6 | (1) a description of service improvements and changes | ||||||
| 7 | that the Authority desires to carry out its Strategic Plan | ||||||
| 8 | and to implement its service standards; | ||||||
| 9 | (2) a description of the estimates of revenue for the | ||||||
| 10 | next fiscal year that the Authority has received from the | ||||||
| 11 | Director of the Governor's Office of Management and | ||||||
| 12 | Budget; | ||||||
| 13 | (3) a directive to the Service Boards to prepare | ||||||
| 14 | service coverage and service-level scenarios assuming | ||||||
| 15 | various specified budget allocations for each Service | ||||||
| 16 | Board; | ||||||
| 17 | (4) a description of the degree to which Service | ||||||
| 18 | Boards may make changes to the programmed location, | ||||||
| 19 | frequency, days, and hours of service provided by the | ||||||
| 20 | Service Board as compared to the Service Board's current | ||||||
| 21 | approved service plan and the circumstances under which | ||||||
| 22 | the changes shall be permitted; | ||||||
| 23 | (5) the opportunity for the Service Boards to propose | ||||||
| 24 | service improvements along with estimated costs; and | ||||||
| 25 | (6) requests for information the Authority deems | ||||||
| 26 | necessary for the Authority to assess how to most | ||||||
| |||||||
| |||||||
| 1 | effectively and equitably allocate funds among the Service | ||||||
| 2 | Boards, including estimates of the resources needed to | ||||||
| 3 | provide each service-level scenario. | ||||||
| 4 | (d) By March 31 following the request for proposed service | ||||||
| 5 | plans, each Service Board shall present preliminary service | ||||||
| 6 | proposals in several public hearings conducted by the | ||||||
| 7 | Authority. A minimum of 3 public hearings shall be held in Cook | ||||||
| 8 | County, including one in the City of Chicago, and one public | ||||||
| 9 | hearing shall be held in each of the other counties in the | ||||||
| 10 | region. | ||||||
| 11 | (e) By June 30 following the request for proposed service | ||||||
| 12 | plans, each Service Board shall submit a proposed service plan | ||||||
| 13 | in response to the Authority's request, prepared in the format | ||||||
| 14 | requested by the Authority. Proposed service plans shall | ||||||
| 15 | outline: | ||||||
| 16 | (1) the operating funding assumptions used by the | ||||||
| 17 | Service Board to determine that the proposed service is | ||||||
| 18 | feasible, including any estimates of resources that were | ||||||
| 19 | requested by the Authority; | ||||||
| 20 | (2) the location, frequency, days and hours of | ||||||
| 21 | service, and other details of the service that the Service | ||||||
| 22 | Board shall provide; | ||||||
| 23 | (3) the reasons for any changes made to the location, | ||||||
| 24 | frequency, days, and hours of service provided by the | ||||||
| 25 | Service Board from the previous service plan; | ||||||
| 26 | (4) the service requirements applicable to the service | ||||||
| |||||||
| |||||||
| 1 | provided by the Service Board covering issues such as | ||||||
| 2 | reliability, cleanliness, and safety; and | ||||||
| 3 | (5) requirements relating to the Service Board's | ||||||
| 4 | compliance with Authority fare technology and fare | ||||||
| 5 | integration efforts, information technology systems, | ||||||
| 6 | customer communication systems and protocols, branding and | ||||||
| 7 | advertising efforts, coordination of schedules, and other | ||||||
| 8 | requirements designed to improve the integration and | ||||||
| 9 | quality of public transportation in the metropolitan | ||||||
| 10 | region. | ||||||
| 11 | (f) Before voting on any final regionwide Service Plan, | ||||||
| 12 | the Authority shall hold at least one public hearing on the | ||||||
| 13 | regionwide Service Plan. | ||||||
| 14 | (g) Before voting on any proposed final regionwide Service | ||||||
| 15 | Plan, the Authority shall hold at least one meeting for | ||||||
| 16 | consideration of the regionwide Service Plan with the county | ||||||
| 17 | board of each of the several counties in the metropolitan | ||||||
| 18 | region in which the Service Board provides service. | ||||||
| 19 | (h) The Board shall review the proposed service plans and | ||||||
| 20 | compile the plans into a revised, regionwide Service Plan. The | ||||||
| 21 | Board shall only approve the revised, regionwide Service Plan | ||||||
| 22 | if it meets the service standards set forth in the Strategic | ||||||
| 23 | Plan as best as possible considering projected available | ||||||
| 24 | funds. If the Board fails to approve the proposed revised, | ||||||
| 25 | regionwide Service Plan, then the Board shall notify each | ||||||
| 26 | Service Board of any deficiencies identified in that Service | ||||||
| |||||||
| |||||||
| 1 | Board's contributions to the proposed revised, regionwide | ||||||
| 2 | Service Plan. The Board shall also notify each Service Board | ||||||
| 3 | if its reasons for changes from the previous approved service | ||||||
| 4 | plan fail to comply with any guidance provided by the Board in | ||||||
| 5 | the previous request for service plans as described in | ||||||
| 6 | paragraph (4) of subsection (e). Service Boards shall not | ||||||
| 7 | continue to operate service changes that the Board deems to | ||||||
| 8 | have failed to comply with guidance provided by the Board, | ||||||
| 9 | unless the service is included in the forthcoming regionwide | ||||||
| 10 | service plan approved by the Board. | ||||||
| 11 | (i) If the Board finds has not found that the proposed | ||||||
| 12 | revised, regionwide Service Plan does not meet meets the | ||||||
| 13 | service standards, the Board shall adopt a regionwide Service | ||||||
| 14 | Plan that does. In all cases, the Board shall adopt a | ||||||
| 15 | regionwide Service Plan by no later than December August 31 | ||||||
| 16 | following the request for plans. | ||||||
| 17 | (Source: P.A. 104-457, eff. 6-1-26.) | ||||||
| 18 | (70 ILCS 3615/2.04) (from Ch. 111 2/3, par. 702.04) | ||||||
| 19 | Sec. 2.04. Fares and nature of service. | ||||||
| 20 | (a) The Authority shall have the sole authority to: (i) | ||||||
| 21 | set and coordinate fares and charges for public transit | ||||||
| 22 | services in the metropolitan region, including public | ||||||
| 23 | transportation provided by Transportation Agencies pursuant to | ||||||
| 24 | purchase of service or grant agreements with the Authority, | ||||||
| 25 | and (ii) establish the nature and standards of public transit | ||||||
| |||||||
| |||||||
| 1 | to be provided in accordance with the Strategic Plan and | ||||||
| 2 | service standards. However, the Authority may not increase the | ||||||
| 3 | fares of any service provided by a Service Board until one year | ||||||
| 4 | after the effective date of this amendatory Act of the 104th | ||||||
| 5 | General Assembly. Beginning one year after the effective date | ||||||
| 6 | of this amendatory Act of the 104th General Assembly, the | ||||||
| 7 | Board may not increase the fares of any Service Board before | ||||||
| 8 | evaluating the effects of increase fares. | ||||||
| 9 | (b) Whenever a Service Board provides any public | ||||||
| 10 | transportation pursuant to purchase of service or grant | ||||||
| 11 | agreements to Transportation Agencies for operating expenses | ||||||
| 12 | (other than with regard to experimental programs) or pursuant | ||||||
| 13 | to any purchase of service agreement, the purchase of service | ||||||
| 14 | agreement or grant contract shall provide for the level and | ||||||
| 15 | nature of fares or charges to be made for such services, and | ||||||
| 16 | the nature and standards of public transportation to be so | ||||||
| 17 | provided. A Service Board shall require all Transportation | ||||||
| 18 | Agencies with which it contracts, or from which it purchases | ||||||
| 19 | transportation services or to which it makes grants to provide | ||||||
| 20 | half fare transportation for their student riders if any of | ||||||
| 21 | such agencies provide for half fare transportation to their | ||||||
| 22 | student riders. | ||||||
| 23 | (c) In so providing for the fares or charges and the nature | ||||||
| 24 | and standards of public transportation, any purchase of | ||||||
| 25 | service agreements or grant contracts shall provide, among | ||||||
| 26 | other matters, for the terms or cost of transfers or | ||||||
| |||||||
| |||||||
| 1 | interconnections between different modes of transportation and | ||||||
| 2 | different public Transportation Agencies, schedules or routes | ||||||
| 3 | of such service, changes which may be made in such service, the | ||||||
| 4 | nature and condition of the facilities used in providing | ||||||
| 5 | service, the manner of collection and disposition of fares or | ||||||
| 6 | charges, the records and reports to be kept and made | ||||||
| 7 | concerning such service, for interchangeable tickets or other | ||||||
| 8 | coordinated or uniform methods of collection of charges, and | ||||||
| 9 | shall further require that the Transportation Agency comply | ||||||
| 10 | with any determination made by the Board of the Authority | ||||||
| 11 | under and subject to the provisions of Section 2.12b of this | ||||||
| 12 | Act. In regard to any such service, the Authority and the | ||||||
| 13 | Service Boards shall give attention to and may undertake | ||||||
| 14 | programs to promote use of public transportation and to | ||||||
| 15 | provide coordinated ticket sales and passenger information. In | ||||||
| 16 | the case of a grant to a Transportation Agency which remains | ||||||
| 17 | subject to Illinois Commerce Commission supervision and | ||||||
| 18 | regulation, the Service Boards shall exercise the powers set | ||||||
| 19 | forth in this Section in a manner consistent with such | ||||||
| 20 | supervision and regulation by the Illinois Commerce | ||||||
| 21 | Commission. | ||||||
| 22 | (d) The Authority shall develop and implement a regionally | ||||||
| 23 | coordinated and consolidated fare collection system. | ||||||
| 24 | (e) The Authority may delegate the responsibility for all | ||||||
| 25 | or some aspects of physical fare collection to the Service | ||||||
| 26 | Boards. | ||||||
| |||||||
| |||||||
| 1 | (f) Prior to adopting any fare structure ordinance, the | ||||||
| 2 | Authority shall allow a reasonable time for public input and | ||||||
| 3 | hold public hearings under subsection (e-5) of Section 5.01. | ||||||
| 4 | (g) The Authority shall submit the proposed fare structure | ||||||
| 5 | ordinance to each Service Board for feedback. | ||||||
| 6 | (h) By no later than January 1, 2028, the Authority, in | ||||||
| 7 | coordination with the Service Boards, shall undertake a joint | ||||||
| 8 | procurement for a next generation fare collection system, | ||||||
| 9 | which shall include, among other things, a unified mobile | ||||||
| 10 | ticket application, that shall be procured and implemented by | ||||||
| 11 | the Authority by February 1, 2030, as a unified regional fare | ||||||
| 12 | payment system. All agreements for, or related to, a regional | ||||||
| 13 | fare payment system must include provisions for data sharing | ||||||
| 14 | that allow the Authority and the Service Boards access to all | ||||||
| 15 | data generated by the fare collection system. | ||||||
| 16 | (i) Whenever the Authority adopts a fare policy | ||||||
| 17 | establishing or modifying interagency passes, tickets, or | ||||||
| 18 | transfers, the policy shall also set forth the fare-sharing | ||||||
| 19 | agreements between the Service Boards that apply to the | ||||||
| 20 | revenue raised from interagency fare passes, tickets, and | ||||||
| 21 | transfers. Except as specified in such an agreement, all fare | ||||||
| 22 | revenue generated and received by the Authority shall be | ||||||
| 23 | disbursed by the Authority to the Service Board responsible | ||||||
| 24 | for generating the revenue. | ||||||
| 25 | (j)(1) The Authority shall have sole authority over and be | ||||||
| 26 | responsible for administering all special fare programs, | ||||||
| |||||||
| |||||||
| 1 | including free and reduced fares for seniors and people with | ||||||
| 2 | disabilities, and other special fare programs. | ||||||
| 3 | (2) The To the extent required by Section 3-33-160 of the | ||||||
| 4 | Chicago Municipal Code, the Authority and the Chicago Transit | ||||||
| 5 | Authority Agency shall provide for free rides for active duty | ||||||
| 6 | military personnel in uniform or with appropriate | ||||||
| 7 | identification, and disabled veterans of the United States | ||||||
| 8 | Armed Forces under the same terms as Section 3-33-260 of the | ||||||
| 9 | Chicago Municipal Code. | ||||||
| 10 | (3) Any fixed-route public transportation services | ||||||
| 11 | provided by, or under grant or purchase of service contracts | ||||||
| 12 | of, a Service Board shall be provided without charge to senior | ||||||
| 13 | citizens aged 65 and older, and all persons with a disability, | ||||||
| 14 | who meet the income eligibility limitation set forth in | ||||||
| 15 | subsection (a-5) of Section 4 of the Senior Citizens and | ||||||
| 16 | Persons with Disabilities Property Tax Relief Act, under such | ||||||
| 17 | conditions as shall be prescribed by Authority. The Department | ||||||
| 18 | on Aging shall furnish all information reasonably necessary to | ||||||
| 19 | determine eligibility, including updated lists of individuals | ||||||
| 20 | who are eligible for services without charge under this | ||||||
| 21 | Section. After an initial eligibility determination is made, | ||||||
| 22 | an individual's eligibility for free services shall | ||||||
| 23 | automatically renew every 5 years after receipt by the | ||||||
| 24 | Authority of a copy of the individual's government-issued | ||||||
| 25 | identification card validating Illinois residency. Nothing in | ||||||
| 26 | this Section shall relieve the Authority from providing | ||||||
| |||||||
| |||||||
| 1 | reduced fares as may be required by federal law. The Authority | ||||||
| 2 | shall provide the Department of Public Health with a monthly | ||||||
| 3 | list of all riders that receive free or reduced fares under | ||||||
| 4 | this subsection. The list shall include an individual's name, | ||||||
| 5 | address, and date of birth. The Department of Public Health | ||||||
| 6 | shall, within 2 weeks after receipt of the list, report back to | ||||||
| 7 | the Authority any discrepancies that indicate that a rider | ||||||
| 8 | receiving free or reduced fare services is deceased. The | ||||||
| 9 | Authority, upon receipt of the report from the Department of | ||||||
| 10 | Public Health, shall take appropriate steps to remove any | ||||||
| 11 | deceased individual's name from the list of individuals | ||||||
| 12 | eligible under the free or reduced fare programs. | ||||||
| 13 | (4) By no later than 2 years after the effective date of | ||||||
| 14 | this amendatory Act of the 104th General Assembly, the | ||||||
| 15 | Authority shall develop the following programs: | ||||||
| 16 | (A) An income-based reduced fare program for: | ||||||
| 17 | (i) veterans; | ||||||
| 18 | (ii) any United States resident who is 17 years of | ||||||
| 19 | age or older and has been in and left the physical | ||||||
| 20 | custody of the Department of Corrections within the | ||||||
| 21 | last 36 months; and | ||||||
| 22 | (iii) individuals experiencing homelessness. | ||||||
| 23 | (B) A free and reduced fare program for domestic | ||||||
| 24 | violence and sexual assault survivors, which shall provide | ||||||
| 25 | free and reduced fares to survivors of domestic violence | ||||||
| 26 | and sexual assault. The Authority shall not require | ||||||
| |||||||
| |||||||
| 1 | domestic violence or sexual assault programs to report or | ||||||
| 2 | share information related to individual program | ||||||
| 3 | participants or applicants. | ||||||
| 4 | (C) A program across public transportation service | ||||||
| 5 | providers for providing free services to a rider for any | ||||||
| 6 | additional fares for the duration of a daily, weekly, | ||||||
| 7 | monthly, or 30-day pass once the rider has purchased | ||||||
| 8 | enough regular one-way fares to reach an amount that is no | ||||||
| 9 | less than the cost of an applicable pass. | ||||||
| 10 | (k) The Authority shall provide regular annual reports to | ||||||
| 11 | the Governor and General Assembly on progress made in | ||||||
| 12 | implementing the changes made to this Act by this amendatory | ||||||
| 13 | Act of the 104th General Assembly under subsections (f) and | ||||||
| 14 | (g) of this Section as outlined under Section 2.44. | ||||||
| 15 | (Source: P.A. 104-457, eff. 6-1-26.) | ||||||
| 16 | (70 ILCS 3615/2.05) (from Ch. 111 2/3, par. 702.05) | ||||||
| 17 | Sec. 2.05. Centralized services; acquisition and | ||||||
| 18 | construction. | ||||||
| 19 | (a) The Authority may at the request of two or more Service | ||||||
| 20 | Boards, serve, or designate a Service Board to serve, as a | ||||||
| 21 | centralized purchasing agent for the Service Boards so | ||||||
| 22 | requesting. | ||||||
| 23 | (b) The Authority may at the request of two or more Service | ||||||
| 24 | Boards perform other centralized services such as ridership | ||||||
| 25 | information and transfers between services under the | ||||||
| |||||||
| |||||||
| 1 | jurisdiction of the Service Boards where such centralized | ||||||
| 2 | services financially benefit the region as a whole. Provided, | ||||||
| 3 | however, that the Board may require transfers only upon a | ||||||
| 4 | supermajority vote. | ||||||
| 5 | (c) A Service Board or the Authority may for the benefit of | ||||||
| 6 | a Service Board, to meet its purposes, construct or acquire | ||||||
| 7 | any public transportation facility for use by a Service Board | ||||||
| 8 | or for use by any Transportation Agency and may acquire any | ||||||
| 9 | such facilities from any Transportation Agency, including also | ||||||
| 10 | without limitation any reserve funds, employees' pension or | ||||||
| 11 | retirement funds, special funds, franchises, licenses, | ||||||
| 12 | patents, permits and papers, documents and records of the | ||||||
| 13 | agency. In connection with any such acquisition from a | ||||||
| 14 | Transportation Agency the Authority may assume obligations of | ||||||
| 15 | the Transportation Agency with regard to such facilities or | ||||||
| 16 | property or public transportation operations of such agency. | ||||||
| 17 | In connection with any construction or acquisition, the | ||||||
| 18 | Authority shall make relocation payments as may be required by | ||||||
| 19 | federal law or by the requirements of any federal agency | ||||||
| 20 | authorized to administer any federal program of aid. | ||||||
| 21 | (d) The Authority shall, after consulting with the Service | ||||||
| 22 | Boards, develop regionally coordinated and consolidated sales, | ||||||
| 23 | marketing, advertising, and public information programs that | ||||||
| 24 | promote the use and coordination of, and transfers among, | ||||||
| 25 | public transportation services in the metropolitan region. The | ||||||
| 26 | Authority shall develop and adopt, with a supermajority vote, | ||||||
| |||||||
| |||||||
| 1 | rules and regulations for the Authority and the Service Boards | ||||||
| 2 | regarding such programs to ensure that the Service Boards' | ||||||
| 3 | independent programs conform with the Authority's regional | ||||||
| 4 | programs. | ||||||
| 5 | (e) By July 1, 2028, the Authority shall manage digital | ||||||
| 6 | and web-based trip-planning and real-time vehicle arrival | ||||||
| 7 | information for use by riders for all public transportation | ||||||
| 8 | services in northeastern Illinois provided by or funded by the | ||||||
| 9 | Authority or a Service Board, including demand-response modes. | ||||||
| 10 | Relevant Service Board infrastructure, digital assets, | ||||||
| 11 | technology, administrative support, and contracts may be | ||||||
| 12 | transferred to the Authority for future centralized customer | ||||||
| 13 | information services. | ||||||
| 14 | (Source: P.A. 104-457, eff. 6-1-26.) | ||||||
| 15 | (70 ILCS 3615/2.06.2) | ||||||
| 16 | (This Section may contain text from a Public Act with a | ||||||
| 17 | delayed effective date) | ||||||
| 18 | Sec. 2.06.2. Pedestrian access to transit. | ||||||
| 19 | (a) As part of its Strategic Plan, the Authority shall | ||||||
| 20 | identify and prioritize sidewalk and other improvements needed | ||||||
| 21 | to provide safe pedestrian access to transit service stops. | ||||||
| 22 | (b) When any unit of local government in the metropolitan | ||||||
| 23 | region undertakes a new construction or reconstruction project | ||||||
| 24 | on a roadway under its jurisdiction that has bus stops, rail | ||||||
| 25 | stations, or other fixed location transit service stops where | ||||||
| |||||||
| |||||||
| 1 | a person can board or alight public transportation vehicles or | ||||||
| 2 | that intersects with a roadway that provides access to the | ||||||
| 3 | transit service stop within one-quarter mile of the project, | ||||||
| 4 | then the project scope may include the addition of sidewalks | ||||||
| 5 | or shared-use paths to connect the transit stops to any | ||||||
| 6 | existing sidewalks or paths within 500 feet of the project. | ||||||
| 7 | The unit of local government in the metropolitan region may | ||||||
| 8 | also include the addition of concrete sidewalk boarding areas, | ||||||
| 9 | which may connect to the sidewalk, for any existing or new | ||||||
| 10 | transit stops within the project limits and may add a shelter, | ||||||
| 11 | if appropriate, based on rules the Authority develops for | ||||||
| 12 | transit service stops. | ||||||
| 13 | (c) If a unit of local government in the metropolitan | ||||||
| 14 | region includes a project listed subsection (b) in its | ||||||
| 15 | construction or reconstruction project, then the unit of local | ||||||
| 16 | government may seek reimbursement from the Authority for | ||||||
| 17 | capital costs associated with the requirements of this | ||||||
| 18 | Section, including signal improvements, ADA accommodations, | ||||||
| 19 | and other pay items appurtenant to the construction of | ||||||
| 20 | sidewalks, shelters, and concrete boarding areas. If | ||||||
| 21 | right-of-way acquisition is required to construct the | ||||||
| 22 | improvements, then the unit of local government may elect not | ||||||
| 23 | to include these improvements in its construction contract. | ||||||
| 24 | Units of local government in the metropolitan region shall | ||||||
| 25 | comply with all applicable requirements of the Department of | ||||||
| 26 | Transportation in carrying out improvements under this | ||||||
| |||||||
| |||||||
| 1 | Section. | ||||||
| 2 | (d) The Authority shall, by ordinance, provide rules for | ||||||
| 3 | the program described in this Section, including rules | ||||||
| 4 | restricting reimbursement to pay items not already required by | ||||||
| 5 | the Department of Transportation, and it may elect to | ||||||
| 6 | establish an annual not-to-exceed amount for the program and | ||||||
| 7 | require cost-sharing by grantees. The Authority shall use only | ||||||
| 8 | capital funding for any program established under this | ||||||
| 9 | Section. | ||||||
| 10 | (Source: P.A. 104-457, eff. 6-1-26.) | ||||||
| 11 | (70 ILCS 3615/2.11.05) | ||||||
| 12 | (This Section may contain text from a Public Act with a | ||||||
| 13 | delayed effective date) | ||||||
| 14 | Sec. 2.11.05. NITA Law Enforcement Task Force. | ||||||
| 15 | (a) The Cook County Sheriff shall establish a | ||||||
| 16 | multijurisdictional NITA Law Enforcement Task Force led by the | ||||||
| 17 | Cook County Sheriff's Office in cooperation with the Chicago | ||||||
| 18 | Police Department, the Metra Police, the Illinois State | ||||||
| 19 | Police, the sheriff's offices of other counties in the | ||||||
| 20 | metropolitan region, and other municipal police departments in | ||||||
| 21 | the metropolitan region. Law enforcement agencies within the | ||||||
| 22 | metropolitan region not explicitly named in this subsection | ||||||
| 23 | may participate on the Task Force upon request of the Cook | ||||||
| 24 | County Sheriff. | ||||||
| 25 | (b) The Task Force shall be created under an | ||||||
| |||||||
| |||||||
| 1 | intergovernmental agreement and be dedicated to combating | ||||||
| 2 | violent and other types of crime with the primary mission of | ||||||
| 3 | preservation of life and reducing the occurrence and the fear | ||||||
| 4 | of crime on the public transit system of the Northern Illinois | ||||||
| 5 | Transit Authority. The objectives of the Task Force shall | ||||||
| 6 | include, but shall not be limited to, reducing and preventing | ||||||
| 7 | violent crimes and other illegal activities. The Task Force | ||||||
| 8 | shall also assist and coordinate with the Chief Transit Safety | ||||||
| 9 | Officer in the Chief Transit Safety Officer's efforts to | ||||||
| 10 | enforce the Authority's and Service Boards' codes of conduct | ||||||
| 11 | and to solve quality of life issues for transit riders and | ||||||
| 12 | staff. | ||||||
| 13 | (c) The Task Force may develop and acquire information, | ||||||
| 14 | training, tools, and resources necessary to implement a | ||||||
| 15 | data-driven approach to policing, with an emphasis on: | ||||||
| 16 | (1) preventing violent crime in known hotspots, | ||||||
| 17 | property crime, and code of conduct violations that are | ||||||
| 18 | crimes; and | ||||||
| 19 | (2) identifying and arresting persons accused of | ||||||
| 20 | violent crime. | ||||||
| 21 | (d) The Task Force may use information sharing, | ||||||
| 22 | partnerships, crime analysis, and evidence-based practices to | ||||||
| 23 | assist in the reduction of violent crime, property crime, and | ||||||
| 24 | other code of conduct violations. | ||||||
| 25 | (e) The Task Force shall recognize and use best practices | ||||||
| 26 | of community-oriented policing and procedural justice. The | ||||||
| |||||||
| |||||||
| 1 | Task Force may develop potential partnerships with faith-based | ||||||
| 2 | and community organizations to achieve its goals, including, | ||||||
| 3 | but not limited to, partnering with social service | ||||||
| 4 | organizations, to assist persons experiencing homelessness | ||||||
| 5 | obtain shelter and other services and to assist persons | ||||||
| 6 | experiencing a mental health or behavioral crisis in | ||||||
| 7 | connecting with appropriate services. | ||||||
| 8 | (f) The Task Force shall identify and use best practices | ||||||
| 9 | in deflection and diversion programs and other community-based | ||||||
| 10 | services to redirect low level offenders and persons charged | ||||||
| 11 | with nonviolent offenses. | ||||||
| 12 | (g) The Task Force shall engage in violence suppression | ||||||
| 13 | strategies, including, but not limited to, details in | ||||||
| 14 | identified locations that have shown to be the most prone to | ||||||
| 15 | gun violence and violent crime, focused deterrence against | ||||||
| 16 | violent gangs and groups considered responsible for the | ||||||
| 17 | violence in the transit system, and other intelligence driven | ||||||
| 18 | methods deemed necessary to implement the Task Force's | ||||||
| 19 | objectives. | ||||||
| 20 | (h) To implement this Section, the Cook County Sheriff may | ||||||
| 21 | establish intergovernmental agreements with law enforcement | ||||||
| 22 | agencies in accordance with the Intergovernmental Cooperation | ||||||
| 23 | Act. | ||||||
| 24 | (i) Law enforcement agencies that are party to an | ||||||
| 25 | intergovernmental agreement established under subsection (b) | ||||||
| 26 | or (h) and that participate in activities described in | ||||||
| |||||||
| |||||||
| 1 | subsections (c) through (g) may claim funds to defray | ||||||
| 2 | increased costs incurred by participation in the Task Force | ||||||
| 3 | from any available moneys provided in support of the Task | ||||||
| 4 | Force. | ||||||
| 5 | (j) The Chicago Police Department shall use any resources | ||||||
| 6 | provided for participation in the Task Force to supplement, | ||||||
| 7 | not supplant, existing force strength currently assigned to | ||||||
| 8 | the Mass Transit Unit within the Chicago Police Department. | ||||||
| 9 | (k) The Authority shall provide technical, operational, | ||||||
| 10 | and material assistance to the Task Force as necessary. The | ||||||
| 11 | Authority's Chief Transit Safety Officer or the Chief Transit | ||||||
| 12 | Safety Officer's designee shall participate in the Task Force | ||||||
| 13 | to facilitate information sharing. | ||||||
| 14 | (l) The Task Force shall coordinate with the Chief Transit | ||||||
| 15 | Safety Officer to identify which code of conduct violations | ||||||
| 16 | and quality of life issues shall fall under the Task Force's | ||||||
| 17 | purview, which shall fall under the transit ambassadors' | ||||||
| 18 | purview, and which shall require the Task Force and transit | ||||||
| 19 | ambassadors to respond. | ||||||
| 20 | (m) Within 6 months after the effective date of this | ||||||
| 21 | amendatory Act of the 104th General Assembly, the Task Force | ||||||
| 22 | shall prepare a preliminary report of recommendations for | ||||||
| 23 | ongoing law enforcement strategies, tactics, and best | ||||||
| 24 | practices for the Northern Illinois Transit Authority transit | ||||||
| 25 | system. The Task Force shall prepare a final report of | ||||||
| 26 | recommendations no later than March 1, 2027, and the The | ||||||
| |||||||
| |||||||
| 1 | report shall also make recommendations to be used by the | ||||||
| 2 | Authority in implementing a sworn law enforcement officer | ||||||
| 3 | crime prevention program on public transportation and a crime | ||||||
| 4 | prevention plan to protect public transportation employees and | ||||||
| 5 | riders in the metropolitan region. The Report shall be | ||||||
| 6 | submitted to the Coordinated Safety Response Council created | ||||||
| 7 | under Section 2.11.20. | ||||||
| 8 | (n) The Task Force shall disband 3 years after the | ||||||
| 9 | effective date of this amendatory Act of the 104th General | ||||||
| 10 | Assembly or upon the Authority's transition to a sworn law | ||||||
| 11 | enforcement officer crime prevention program on public | ||||||
| 12 | transportation and a crime prevention plan to protect public | ||||||
| 13 | transportation employees and riders in the metropolitan | ||||||
| 14 | region, whichever event occurs first. | ||||||
| 15 | (o) Prior to disbanding, the Task Force shall cooperate | ||||||
| 16 | with the Office of Transit Safety and Experience to develop a | ||||||
| 17 | plan to transition from the Task Force to a sworn law | ||||||
| 18 | enforcement officer crime prevention program on public | ||||||
| 19 | transportation and a crime prevention plan to protect public | ||||||
| 20 | transportation employees and riders in the metropolitan | ||||||
| 21 | region. | ||||||
| 22 | (Source: P.A. 104-457, eff. 6-1-26.) | ||||||
| 23 | (70 ILCS 3615/2.11.15) | ||||||
| 24 | (This Section may contain text from a Public Act with a | ||||||
| 25 | delayed effective date) | ||||||
| |||||||
| |||||||
| 1 | Sec. 2.11.15. Office of Transit Safety and Experience. | ||||||
| 2 | (a) The Authority shall establish an Office of Transit | ||||||
| 3 | Safety and Experience. | ||||||
| 4 | (b) The Office shall be responsible for: | ||||||
| 5 | (1) developing, implementing, and overseeing a | ||||||
| 6 | regionwide safety strategy, working with the Coordinated | ||||||
| 7 | Safety Response Council; | ||||||
| 8 | (2) promoting code of conduct compliance and the | ||||||
| 9 | safety of riders and workers; | ||||||
| 10 | (3) developing safety standards under subsection (a) | ||||||
| 11 | of Section 2.11.30; | ||||||
| 12 | (4) making recommendations relating to system safety | ||||||
| 13 | for inclusion in the Authority's Strategic Plan, Annual | ||||||
| 14 | Budget and 2-Year Financial Plan, 5-Year Capital Program, | ||||||
| 15 | and other projects and programs; | ||||||
| 16 | (5) making any reports and plans regarding rider and | ||||||
| 17 | worker safety required under this Act; | ||||||
| 18 | (6) overseeing the enforcement and facilitation of the | ||||||
| 19 | achievement and maintenance of safety standards, the | ||||||
| 20 | implementation of safety tools and technologies, and the | ||||||
| 21 | conducting of customer satisfaction polling under Section | ||||||
| 22 | 2.11; | ||||||
| 23 | (7) coordinating and liaising with law enforcement | ||||||
| 24 | agencies, the Task Force, social service agencies, and | ||||||
| 25 | other government agencies or nongovernmental agencies | ||||||
| 26 | serving the metropolitan region on safety issues and | ||||||
| |||||||
| |||||||
| 1 | initiatives; | ||||||
| 2 | (8) strategizing and partnering with law enforcement | ||||||
| 3 | agencies as appropriate to ensure as much as possible that | ||||||
| 4 | the response to safety incidents on public transit | ||||||
| 5 | facilities occurs pursuant to the sworn law enforcement | ||||||
| 6 | officer crime prevention program on public transportation, | ||||||
| 7 | the crime prevention plan to protect public transportation | ||||||
| 8 | employees and riders in the metropolitan region, and the | ||||||
| 9 | incident response deployment strategy developed by the | ||||||
| 10 | Safety Coordination Council; | ||||||
| 11 | (9) developing and overseeing policies and programs to | ||||||
| 12 | assist riders in their use of the transit system and to | ||||||
| 13 | connect them to other beneficial government and social | ||||||
| 14 | services, including through partnerships and contracts | ||||||
| 15 | with social service agencies and nongovernmental agencies | ||||||
| 16 | that conduct outreach and provide assistance to unhoused | ||||||
| 17 | riders; | ||||||
| 18 | (10) collecting and analyzing data on safety incidents | ||||||
| 19 | occurring on public transportation in the metropolitan | ||||||
| 20 | region; and | ||||||
| 21 | (11) developing and implementing policies and | ||||||
| 22 | procedures for riders to provide compliments and | ||||||
| 23 | complaints about their experiences on public | ||||||
| 24 | transportation in the metropolitan region. | ||||||
| 25 | (c) The Executive Director of the Authority shall, subject | ||||||
| 26 | to the Board's approval, designate a full-time Chief Transit | ||||||
| |||||||
| |||||||
| 1 | Safety Officer to lead and manage the Office of Transit Safety | ||||||
| 2 | and Experience. The Chief Transit Safety Officer shall have | ||||||
| 3 | previously served in a supervisory capacity at a law | ||||||
| 4 | enforcement agency and report directly to the Executive | ||||||
| 5 | Director. The Chief Transit Safety Officer shall receive the | ||||||
| 6 | same training that all members of the Coordinated Safety | ||||||
| 7 | Response Council receive under subsection (h) of Section | ||||||
| 8 | 2.11.20. | ||||||
| 9 | (d) Personnel within the Office for Transit Safety and | ||||||
| 10 | Experience may be organized or assigned into bureaus, | ||||||
| 11 | sections, or divisions as determined by the Executive Director | ||||||
| 12 | pursuant to the authority granted by this Act. | ||||||
| 13 | (e) To implement this Section, the Authority may establish | ||||||
| 14 | intergovernmental agreements with law enforcement agencies in | ||||||
| 15 | accordance with the Intergovernmental Cooperation Act. | ||||||
| 16 | (f) To implement this Section, the Authority shall enter | ||||||
| 17 | into contracts with nongovernmental agencies to provide, or | ||||||
| 18 | create using the staff of the Authority, programs that offer | ||||||
| 19 | outreach and assistance to riders that are unhoused, that | ||||||
| 20 | suffer from mental health issues, or that otherwise may | ||||||
| 21 | benefit from social services in order to implement the | ||||||
| 22 | recommendations of the study conducted by the Coordinated | ||||||
| 23 | Safety Response Council within 6 12 months of the delivery of | ||||||
| 24 | the report. | ||||||
| 25 | (g) Law enforcement agencies that are party to | ||||||
| 26 | intergovernmental agreements and nongovernmental agencies that | ||||||
| |||||||
| |||||||
| 1 | enter into contracts with the Authority to implement the sworn | ||||||
| 2 | law enforcement officer crime prevention program on public | ||||||
| 3 | transportation, the crime prevention plan to protect public | ||||||
| 4 | transportation employees and riders in the metropolitan | ||||||
| 5 | region, the incident response deployment strategy, or a | ||||||
| 6 | combination thereof may claim funds to defray increased costs | ||||||
| 7 | incurred by participation in those programs from any available | ||||||
| 8 | moneys provided in support of the programs. | ||||||
| 9 | (h) The Chicago Police Department shall use any resources | ||||||
| 10 | provided to implement the sworn law enforcement officer crime | ||||||
| 11 | prevention program on public transportation, the crime | ||||||
| 12 | prevention plan to protect public transportation employees and | ||||||
| 13 | riders in the metropolitan region, the incident response | ||||||
| 14 | deployment strategy or combination thereof to supplement, not | ||||||
| 15 | supplant, existing force strength currently assigned to the | ||||||
| 16 | Mass Transit Unit within the Chicago Police Department. | ||||||
| 17 | (Source: P.A. 104-457, eff. 6-1-26.) | ||||||
| 18 | (70 ILCS 3615/2.11.35) | ||||||
| 19 | (This Section may contain text from a Public Act with a | ||||||
| 20 | delayed effective date) | ||||||
| 21 | Sec. 2.11.35. Bus shields. | ||||||
| 22 | (a) As used in this Section, "security barrier" means a | ||||||
| 23 | protective partition made of hard and durable materials | ||||||
| 24 | designed to shield a fixed-route bus operator from physical | ||||||
| 25 | assault or projectiles while maintaining visibility and | ||||||
| |||||||
| |||||||
| 1 | communication with passengers, that: | ||||||
| 2 | (1) extends from the bus floor to the bus ceiling; | ||||||
| 3 | (2) is capable of fully enclosing the bus operator's | ||||||
| 4 | workstation and preventing the unwanted entry of persons, | ||||||
| 5 | fluids, and objects into the bus operator's workstation; | ||||||
| 6 | and | ||||||
| 7 | (3) does not impede the bus operator's lines of sight | ||||||
| 8 | from the workstation to the exterior of the bus. | ||||||
| 9 | (b) The bus operator's workstation of any fixed-route bus | ||||||
| 10 | operated in revenue service for the Authority, the Chicago | ||||||
| 11 | Transportation Authority, and the Suburban Bus Division shall | ||||||
| 12 | be equipped with a security barrier as conducive to the | ||||||
| 13 | physical limitations of the vehicle. | ||||||
| 14 | (c) No later than January 1, 2027, the Authority shall | ||||||
| 15 | consult with the Chicago Transportation Authority, the | ||||||
| 16 | Suburban Bus Division, and representatives from each labor | ||||||
| 17 | organization representing Chicago Transportation Authority | ||||||
| 18 | fixed-route bus operators and Suburban Bus Division | ||||||
| 19 | fixed-route bus operators regarding security barriers, | ||||||
| 20 | including design, materials, specifications, selection, and | ||||||
| 21 | installation. | ||||||
| 22 | (d) The Authority, the Chicago Transit Transportation | ||||||
| 23 | Authority, and the Suburban Bus Division shall complete | ||||||
| 24 | installation of security barriers by January 1, 2028 for | ||||||
| 25 | vehicles without limitations provided in subsection (b). | ||||||
| 26 | (e) In the The procurement of new fixed-route buses, | ||||||
| |||||||
| |||||||
| 1 | operated by the Authority, the Chicago Transit Transportation | ||||||
| 2 | Authority, and the Suburban Bus Division shall consider the | ||||||
| 3 | implementation of security barriers and the safety of bus | ||||||
| 4 | operators. | ||||||
| 5 | (Source: P.A. 104-457, eff. 6-1-26.) | ||||||
| 6 | (70 ILCS 3615/2.14) (from Ch. 111 2/3, par. 702.14) | ||||||
| 7 | Sec. 2.14. Appointment of officers and employees. The | ||||||
| 8 | Authority may appoint, retain, and employ officers, attorneys, | ||||||
| 9 | agents, engineers and employees. The officers shall include an | ||||||
| 10 | Executive Director, who shall be the chief executive officer | ||||||
| 11 | of the Authority, appointed by the Chair with the concurrence | ||||||
| 12 | of 11 of the other then Directors of the Board. The initial | ||||||
| 13 | Executive Director appointed after this amendatory Act of the | ||||||
| 14 | 104th General Assembly shall be confirmed by the Senate. Until | ||||||
| 15 | July 1, 2030, each Executive Director appointed under this | ||||||
| 16 | Section shall be confirmed by the Illinois State Senate until. | ||||||
| 17 | The Executive Director shall organize the staff of the | ||||||
| 18 | Authority, shall allocate their functions and duties, may | ||||||
| 19 | transfer such staff to the Service Boards or Transportation | ||||||
| 20 | Agencies when deemed necessary or advisable, shall fix | ||||||
| 21 | compensation and conditions of employment of the staff of the | ||||||
| 22 | Authority, and consistent with the policies of and direction | ||||||
| 23 | from the Board, take all actions necessary to achieve its | ||||||
| 24 | purposes, fulfill its responsibilities and carry out its | ||||||
| 25 | powers, and shall have such other powers and responsibilities | ||||||
| |||||||
| |||||||
| 1 | as the Board shall determine. The Executive Director must be | ||||||
| 2 | an individual of proven transportation and management skills | ||||||
| 3 | and may not be a member of the Board. The Authority may employ | ||||||
| 4 | its own professional management personnel to provide | ||||||
| 5 | professional and technical expertise concerning its purposes | ||||||
| 6 | and powers and to assist it in assessing the performance of the | ||||||
| 7 | Service Boards in the metropolitan region. | ||||||
| 8 | No employee, officer, or agent of the Authority may | ||||||
| 9 | receive a bonus that exceeds 10% of his or her annual salary | ||||||
| 10 | unless that bonus has been reviewed by the Board for a period | ||||||
| 11 | of 14 days. After 14 days, the bonus shall be considered | ||||||
| 12 | reviewed. This Section does not apply to usual and customary | ||||||
| 13 | salary adjustments. | ||||||
| 14 | No unlawful discrimination, as defined and prohibited in | ||||||
| 15 | the Illinois Human Rights Act, shall be made in any term or | ||||||
| 16 | aspect of employment nor shall there be discrimination based | ||||||
| 17 | upon political reasons or factors. The Authority shall | ||||||
| 18 | establish regulations to insure that its discharges shall not | ||||||
| 19 | be arbitrary and that hiring and promotion are based on merit. | ||||||
| 20 | The Authority shall be subject to the Illinois Human | ||||||
| 21 | Rights Act and the remedies and procedure established under | ||||||
| 22 | that Act. The Authority shall file an affirmative action | ||||||
| 23 | program for employment by it with the Department of Human | ||||||
| 24 | Rights to ensure that applicants are employed and that | ||||||
| 25 | employees are treated during employment, without regard to | ||||||
| 26 | unlawful discrimination. Such affirmative action program shall | ||||||
| |||||||
| |||||||
| 1 | include provisions relating to hiring, upgrading, demotion, | ||||||
| 2 | transfer, recruitment, recruitment advertising, selection for | ||||||
| 3 | training and rates of pay or other forms of compensation. | ||||||
| 4 | (Source: P.A. 104-457, eff. 6-1-26.) | ||||||
| 5 | (70 ILCS 3615/2.41) | ||||||
| 6 | Sec. 2.41. Fast-track authority. | ||||||
| 7 | (a) The Board may designate select projects in the 5-Year | ||||||
| 8 | Capital Program to be authorized using a fast-track process to | ||||||
| 9 | be approved along with the 5-Year Capital Program. | ||||||
| 10 | (1) To be considered for fast-track authorization, a | ||||||
| 11 | project must meet each of the following criteria: | ||||||
| 12 | (A) It must have over $250,000,000 in 5-year | ||||||
| 13 | funding programmed in the 5-Year Capital Program. | ||||||
| 14 | (B) It must have demonstrated local support in the | ||||||
| 15 | affected area, as evidenced by comments at public | ||||||
| 16 | meetings, letters of support from local officials, | ||||||
| 17 | survey responses, or similar expressions of support. | ||||||
| 18 | (C) It must document benefits from techniques | ||||||
| 19 | recognized to lower costs, such as the use of itemized | ||||||
| 20 | costs, standardized designs, or increased in-house | ||||||
| 21 | staff to manage contracts. | ||||||
| 22 | (2) The Board shall hold the following hearings for | ||||||
| 23 | each fast-track project to demonstrate how the project | ||||||
| 24 | meets the eligibility criteria before final approval of | ||||||
| 25 | the 5-Year Capital Program. Before adopting a 5-Year | ||||||
| |||||||
| |||||||
| 1 | Capital Program with one or more fast-track projects, the | ||||||
| 2 | Board must meet with and attempt to address concerns | ||||||
| 3 | raised by (i) the county board president or county | ||||||
| 4 | executive of each county within which any construction | ||||||
| 5 | activity for the proposed fast-track projects is to be | ||||||
| 6 | conducted; (ii) the mayor of Chicago if any fast-track | ||||||
| 7 | project construction activity may occur within Chicago; | ||||||
| 8 | and (iii) the Department of Transportation if any | ||||||
| 9 | fast-track project construction activity will affect | ||||||
| 10 | highway rights-of-way under State jurisdiction. | ||||||
| 11 | (b) Once the Board has presented the fast-track project, | ||||||
| 12 | the Board may approve its fast-track status as part of the | ||||||
| 13 | 5-year Capital Program. Upon confirmation of fast-track | ||||||
| 14 | status, the Authority or the relevant Service Board shall | ||||||
| 15 | notify the State and any unit of local government or public | ||||||
| 16 | utility affected by any proposed construction, acquisition, or | ||||||
| 17 | other activity related to the fast-track project. Any | ||||||
| 18 | agreements, such as cost-sharing agreements for utility | ||||||
| 19 | relocation, project betterments, and site access, between the | ||||||
| 20 | Authority or a Service Board and the State, unit of local | ||||||
| 21 | government, private or public utilities, or private property | ||||||
| 22 | owners shall be negotiated and executed before fast-track | ||||||
| 23 | projects are finalized and construction contracts are | ||||||
| 24 | executed. | ||||||
| 25 | (1) If construction related to the fast-track project | ||||||
| 26 | will require access to a roadway or right-of-way that is | ||||||
| |||||||
| |||||||
| 1 | under the jurisdiction of the State or a unit of local | ||||||
| 2 | government, the Authority shall provide notice to the | ||||||
| 3 | governmental entity from which the Authority anticipates | ||||||
| 4 | seeking right-of-way access upon completion of the | ||||||
| 5 | preliminary plan and shall provide updates throughout the | ||||||
| 6 | planning stage. Upon completion of final plans, the | ||||||
| 7 | Authority shall request access to roadways or | ||||||
| 8 | right-of-ways, if necessary, from the government entity | ||||||
| 9 | with jurisdiction over the property. The Authority's | ||||||
| 10 | request must comply with any existing requirements of the | ||||||
| 11 | State or unit of local government for access to its | ||||||
| 12 | roadways or, at minimum, include detailed construction | ||||||
| 13 | plans, safety measures, and plans for mitigating traffic | ||||||
| 14 | and inconvenience caused by the work. | ||||||
| 15 | Once an access request is received and complete | ||||||
| 16 | information has been provided, as determined by the State | ||||||
| 17 | or unit of local government from which the Authority seeks | ||||||
| 18 | access, the government entity with jurisdiction over the | ||||||
| 19 | relevant roadway will have 60 days to process and respond | ||||||
| 20 | to the Authority's request. If the State or unit of local | ||||||
| 21 | government requires additional information or adjustments | ||||||
| 22 | to the Authority's plans, it will work with the Authority | ||||||
| 23 | for an additional 45 days to complete its review. If the | ||||||
| 24 | State or unit of local government fails or is unable to | ||||||
| 25 | approve the Authority's request within 120 days, the | ||||||
| 26 | Authority may report the delay to and seek immediate | ||||||
| |||||||
| |||||||
| 1 | approval from the relevant representative of the State or | ||||||
| 2 | unit of local government, which is the Regional Engineer | ||||||
| 3 | of the Department of Transportation's District 1 Office if | ||||||
| 4 | the request involves a State roadway; the relevant highway | ||||||
| 5 | superintendent or county engineer if the request involves | ||||||
| 6 | a county roadway; the transportation commissioner if the | ||||||
| 7 | request involves a municipality; or the chief executive | ||||||
| 8 | officer of the relevant organization if the requests | ||||||
| 9 | involves any other local governmental entity. | ||||||
| 10 | Upon completion of construction, the Authority shall | ||||||
| 11 | comply with permit and State or unit of local governmental | ||||||
| 12 | requirements and restore the roadway to its previous | ||||||
| 13 | condition, unless otherwise agreed to by the State or unit | ||||||
| 14 | of local government. The Authority shall provide a survey | ||||||
| 15 | of the quality of the relevant infrastructure and shall | ||||||
| 16 | allow the State or unit of local government to inspect the | ||||||
| 17 | infrastructure. The Authority shall be responsible for any | ||||||
| 18 | defect in infrastructure or other damage resulting from | ||||||
| 19 | the Authority's actions. The Authority shall either repair | ||||||
| 20 | or compensate the State or unit of local government for | ||||||
| 21 | any damages resulting from the Authority's actions. Unless | ||||||
| 22 | previously agreed, at no point shall the Authority's use | ||||||
| 23 | of State or unit of local governmental property be | ||||||
| 24 | permanent, create a property interest, or affect the | ||||||
| 25 | jurisdiction of the roadway. | ||||||
| 26 | (2) If a fast-track project requires the removal, | ||||||
| |||||||
| |||||||
| 1 | relocation, or modification of any facility of a public | ||||||
| 2 | utility, the Authority or the relevant Service Board shall | ||||||
| 3 | provide reasonable notice to the affected public utility | ||||||
| 4 | when the need for removal or relocation becomes known and | ||||||
| 5 | shall provide updates throughout the planning stage. Upon | ||||||
| 6 | completion of final plans, the Authority shall provide | ||||||
| 7 | written notice to each affected public utility of the need | ||||||
| 8 | to remove, relocate, or modify its facilities. The notice | ||||||
| 9 | shall include detailed construction plans, safety | ||||||
| 10 | measures, and plans for mitigating traffic and | ||||||
| 11 | inconvenience caused by the work. If public utility | ||||||
| 12 | facilities that are subject to removal or relocation are | ||||||
| 13 | located within State or county highway rights-of-way, then | ||||||
| 14 | the Authority may, with the consent of the State or | ||||||
| 15 | appropriate county highway authority, coordinate with the | ||||||
| 16 | Department of Transportation or county highway authority, | ||||||
| 17 | and the removal or relocation shall be subject to the | ||||||
| 18 | terms of the Illinois Highway Code. Any other utility | ||||||
| 19 | relocation or removal shall be subject to the terms of | ||||||
| 20 | subsection (b) of Section 2.21. | ||||||
| 21 | Upon receipt of the written notice, the utility shall | ||||||
| 22 | prioritize the removal or relocation of the facilities and | ||||||
| 23 | shall coordinate with the Authority or the relevant | ||||||
| 24 | Service Board to ensure that the removal or relocation is | ||||||
| 25 | done safely, efficiently, expeditiously, and without | ||||||
| 26 | compromising the service to the Authority or the relevant | ||||||
| |||||||
| |||||||
| 1 | Service Board or the public. The taking shall occur by | ||||||
| 2 | condemnation according to law to the extent that the | ||||||
| 3 | removal or relocation requires the taking of utility | ||||||
| 4 | property. | ||||||
| 5 | (Source: P.A. 103-281, eff. 7-28-23; 104-457, eff. 6-1-26.) | ||||||
| 6 | (70 ILCS 3615/2.49) | ||||||
| 7 | (This Section may contain text from a Public Act with a | ||||||
| 8 | delayed effective date) | ||||||
| 9 | Sec. 2.49. Renovations to terminals. | ||||||
| 10 | (a) The Authority shall remodel, renovate, or construct a | ||||||
| 11 | new station at or near the Central Station and the western | ||||||
| 12 | entrance at the Lavergne Avenue location on the Blue Line. The | ||||||
| 13 | renovated or newly constructed station shall be completed and | ||||||
| 14 | open for public operation no later than January 1, 2031. | ||||||
| 15 | The Authority shall remodel, renovate, or construct a new | ||||||
| 16 | station at or near the Central station and the western | ||||||
| 17 | entrance at Leclaire Avenue location on the Blue Line. The | ||||||
| 18 | renovated or newly constructed station shall be completed and | ||||||
| 19 | open for public operation no later than January 1, 2029. | ||||||
| 20 | (b) The Authority shall remodel, renovate, or construct a | ||||||
| 21 | new station along the Green Line within the Englewood | ||||||
| 22 | community area. The renovated or newly constructed station | ||||||
| 23 | shall be completed and open for public operation no later than | ||||||
| 24 | January 1, 2029. | ||||||
| 25 | (c) The Authority may enter into intergovernmental | ||||||
| |||||||
| |||||||
| 1 | agreements with municipalities to share costs for repair and | ||||||
| 2 | related right-of-way improvements for bridges used by the | ||||||
| 3 | Green Line located outside of the City of Chicago. | ||||||
| 4 | (d) The Authority may enter into cost-sharing agreements | ||||||
| 5 | necessary to carry out the purposes of this Section using | ||||||
| 6 | funds appropriated to it and funds made available through | ||||||
| 7 | existing capital programs administered by the Department of | ||||||
| 8 | Transportation or the Authority. | ||||||
| 9 | (Source: P.A. 104-457, eff. 6-1-26.) | ||||||
| 10 | (70 ILCS 3615/2.50 new) | ||||||
| 11 | Sec. 2.50. Construction contracts; responsible bidder | ||||||
| 12 | requirements. To be considered a responsible bidder on a | ||||||
| 13 | construction contract for purposes of this Act, a bidder must | ||||||
| 14 | comply with all of the following requirements and must present | ||||||
| 15 | satisfactory evidence of that compliance to the appropriate | ||||||
| 16 | construction agency: | ||||||
| 17 | (1) The bidder must comply with all applicable laws | ||||||
| 18 | concerning the bidder's entitlement to conduct business in | ||||||
| 19 | Illinois. | ||||||
| 20 | (2) The bidder must comply with all applicable | ||||||
| 21 | provisions of the Prevailing Wage Act. | ||||||
| 22 | (3) The bidder must comply with Subchapter VI ("Equal | ||||||
| 23 | Employment Opportunities") of Chapter 21 of Title 42 of | ||||||
| 24 | the United States Code (42 U.S.C. 2000e and following) and | ||||||
| 25 | with Federal Executive Order No. 11246 as amended by | ||||||
| |||||||
| |||||||
| 1 | Executive Order No. 11375. | ||||||
| 2 | (4) The bidder must have a valid Federal Employer | ||||||
| 3 | Identification Number or, if an individual, a valid Social | ||||||
| 4 | Security Number. | ||||||
| 5 | (5) The bidder must have a valid certificate of | ||||||
| 6 | insurance showing the following coverages: general | ||||||
| 7 | liability, professional liability, product liability, | ||||||
| 8 | workers' compensation, completed operations, hazardous | ||||||
| 9 | occupation, and automobile. | ||||||
| 10 | (6) The bidder and all bidder's subcontractors must | ||||||
| 11 | participate in applicable apprenticeship and training | ||||||
| 12 | programs approved by and registered with the United States | ||||||
| 13 | Department of Labor's Bureau of Apprenticeship and | ||||||
| 14 | Training. | ||||||
| 15 | (7) The bidder must certify that the bidder will | ||||||
| 16 | maintain an Illinois office as the primary place of | ||||||
| 17 | employment for persons employed in the construction | ||||||
| 18 | authorized by the contract. The provisions of this Section | ||||||
| 19 | shall not apply to federally funded construction projects | ||||||
| 20 | if such application would jeopardize the receipt or use of | ||||||
| 21 | federal funds in support of such a project. | ||||||
| 22 | Construction contracts of the Authority and the Service | ||||||
| 23 | Boards that are subject to this Act shall be awarded only to a | ||||||
| 24 | bidder that is considered to be a responsible bidder under | ||||||
| 25 | this Section. | ||||||
| |||||||
| |||||||
| 1 | (70 ILCS 3615/3.01) (from Ch. 111 2/3, par. 703.01) | ||||||
| 2 | Sec. 3.01. Board of Directors. The corporate authorities | ||||||
| 3 | and governing body of the Authority shall be a Board | ||||||
| 4 | consisting of 13 Directors until April 1, 2008, and 16 | ||||||
| 5 | Directors thereafter, appointed as follows: | ||||||
| 6 | (a) Four Directors appointed by the Mayor of the City of | ||||||
| 7 | Chicago, with the advice and consent of the City Council of the | ||||||
| 8 | City of Chicago, and, only until April 1, 2008, a fifth | ||||||
| 9 | director who shall be the Chairman of the Chicago Transit | ||||||
| 10 | Authority. After April 1, 2008, the Mayor of the City of | ||||||
| 11 | Chicago, with the advice and consent of the City Council of the | ||||||
| 12 | City of Chicago, shall appoint a fifth Director. The Directors | ||||||
| 13 | appointed by the Mayor of the City of Chicago shall not be the | ||||||
| 14 | Chairman or a Director of the Chicago Transit Authority. Each | ||||||
| 15 | such Director shall reside in the City of Chicago. | ||||||
| 16 | (b) Four Directors appointed by the votes of a majority of | ||||||
| 17 | the members of the Cook County Board elected from districts, a | ||||||
| 18 | majority of the electors of which reside outside Chicago. | ||||||
| 19 | After April 1, 2008, a fifth Director appointed by the | ||||||
| 20 | President of the Cook County Board with the advice and consent | ||||||
| 21 | of the members of the Cook County Board. Each Director | ||||||
| 22 | appointed under this subparagraph shall reside in that part of | ||||||
| 23 | Cook County outside Chicago. | ||||||
| 24 | (c) Until April 1, 2008, 3 Directors appointed by the | ||||||
| 25 | Chairmen of the County Boards of DuPage, Kane, Lake, McHenry, | ||||||
| 26 | and Will Counties, as follows: | ||||||
| |||||||
| |||||||
| 1 | (i) Two Directors appointed by the Chairmen of the | ||||||
| 2 | county boards of Kane, Lake, McHenry and Will Counties, | ||||||
| 3 | with the concurrence of not less than a majority of the | ||||||
| 4 | Chairmen from such counties, from nominees by the | ||||||
| 5 | Chairmen. Each such Chairman may nominate not more than 2 | ||||||
| 6 | persons for each position. Each such Director shall reside | ||||||
| 7 | in a county in the metropolitan region other than Cook or | ||||||
| 8 | DuPage Counties. | ||||||
| 9 | (ii) One Director appointed by the Chairman of the | ||||||
| 10 | DuPage County Board with the advice and consent of the | ||||||
| 11 | DuPage County Board. Such Director shall reside in DuPage | ||||||
| 12 | County. | ||||||
| 13 | (d) After April 1, 2008, 5 Directors appointed by the | ||||||
| 14 | Chairmen of the County Boards of DuPage, Kane, Lake and | ||||||
| 15 | McHenry Counties and the County Executive of Will County, as | ||||||
| 16 | follows: | ||||||
| 17 | (i) One Director appointed by the Chairman of the Kane | ||||||
| 18 | County Board with the advice and consent of the Kane | ||||||
| 19 | County Board. Such Director shall reside in Kane County. | ||||||
| 20 | (ii) One Director appointed by the County Executive of | ||||||
| 21 | Will County with the advice and consent of the Will County | ||||||
| 22 | Board. Such Director shall reside in Will County. | ||||||
| 23 | (iii) One Director appointed by the Chairman of the | ||||||
| 24 | DuPage County Board with the advice and consent of the | ||||||
| 25 | DuPage County Board. Such Director shall reside in DuPage | ||||||
| 26 | County. | ||||||
| |||||||
| |||||||
| 1 | (iv) One Director appointed by the Chairman of the | ||||||
| 2 | Lake County Board with the advice and consent of the Lake | ||||||
| 3 | County Board. Such Director shall reside in Lake County. | ||||||
| 4 | (v) One Director appointed by the Chairman of the | ||||||
| 5 | McHenry County Board with the advice and consent of the | ||||||
| 6 | McHenry County Board. Such Director shall reside in | ||||||
| 7 | McHenry County. | ||||||
| 8 | (vi) To implement the changes in appointing authority | ||||||
| 9 | under this subparagraph (d) the three Directors appointed | ||||||
| 10 | under subparagraph (c) and residing in Lake County, DuPage | ||||||
| 11 | County, and Kane County respectively shall each continue | ||||||
| 12 | to serve as Director until the expiration of their | ||||||
| 13 | respective term of office and until his or her successor | ||||||
| 14 | is appointed and qualified or a vacancy occurs in the | ||||||
| 15 | office. Thereupon, the appointment shall be made by the | ||||||
| 16 | officials given appointing authority with respect to the | ||||||
| 17 | Director whose term has expired or office has become | ||||||
| 18 | vacant. | ||||||
| 19 | (e) The Chairman serving on the effective date of this | ||||||
| 20 | amendatory Act of the 95th General Assembly shall continue to | ||||||
| 21 | serve as Chairman until the expiration of his or her term of | ||||||
| 22 | office and until his or her successor is appointed and | ||||||
| 23 | qualified or a vacancy occurs in the office. Upon the | ||||||
| 24 | expiration or vacancy of the term of the Chairman then serving | ||||||
| 25 | upon the effective date of this amendatory Act of the 95th | ||||||
| 26 | General Assembly, the Chairman shall be appointed by the other | ||||||
| |||||||
| |||||||
| 1 | Directors, by the affirmative vote of at least 11 of the then | ||||||
| 2 | Directors with at least 2 affirmative votes from Directors who | ||||||
| 3 | reside in the City of Chicago, at least 2 affirmative votes | ||||||
| 4 | from Directors who reside in Cook County outside the City of | ||||||
| 5 | Chicago, and at least 2 affirmative votes from Directors who | ||||||
| 6 | reside in the Counties of DuPage, Lake, Will, Kane, or | ||||||
| 7 | McHenry. The chairman shall not be appointed from among the | ||||||
| 8 | other Directors. The chairman shall be a resident of the | ||||||
| 9 | metropolitan region. | ||||||
| 10 | (f) Except as otherwise provided by this Act no Director | ||||||
| 11 | shall, while serving as such, be an officer, a member of the | ||||||
| 12 | Board of Directors or Trustees or an employee of any Service | ||||||
| 13 | Board or transportation agency, or be an employee of the State | ||||||
| 14 | of Illinois or any department or agency thereof, or of any | ||||||
| 15 | municipality, county, or any other unit of local government or | ||||||
| 16 | receive any compensation from any elected or appointed office | ||||||
| 17 | under the Constitution and laws of Illinois; except that a | ||||||
| 18 | Director may be a member of a school board. | ||||||
| 19 | (g) Each appointment made under this Section and under | ||||||
| 20 | Section 3.03 shall be certified by the appointing authority to | ||||||
| 21 | the Board, which shall maintain the certifications as part of | ||||||
| 22 | the official records of the Authority. | ||||||
| 23 | (h) (Blank). | ||||||
| 24 | (i) This Section is repealed on September 1, 2026. | ||||||
| 25 | The corporate authorities and governing and administrative | ||||||
| 26 | body of the Authority shall be a Board consisting of 20 | ||||||
| |||||||
| |||||||
| 1 | Directors appointed as follows: | ||||||
| 2 | (a) Five Directors appointed by the Mayor of the City of | ||||||
| 3 | Chicago, with the advice and consent of the City Council of the | ||||||
| 4 | City of Chicago. Each Director shall reside in the City of | ||||||
| 5 | Chicago. Directors appointed under this subsection shall | ||||||
| 6 | include: | ||||||
| 7 | (1) one Director with an initial term of 5 years who | ||||||
| 8 | shall serve as a member of the Board of the Chicago Transit | ||||||
| 9 | Authority; | ||||||
| 10 | (2) one Director with an initial term of 3 years who | ||||||
| 11 | shall serve as a member of the Board of the Chicago Transit | ||||||
| 12 | Authority; | ||||||
| 13 | (3) one Director with an initial term of 5 years who | ||||||
| 14 | shall serve as a director of the Suburban Bus Board; | ||||||
| 15 | (4) one Director with an initial term of 3 years who | ||||||
| 16 | shall serve as a director of the Commuter Rail Board; and | ||||||
| 17 | (5) one Director with an initial term of 5 years. | ||||||
| 18 | (a-5) Five Directors appointed by the Governor of the | ||||||
| 19 | State of Illinois with the advice and consent of the Senate. | ||||||
| 20 | Each Director appointed under this subsection shall reside in | ||||||
| 21 | the metropolitan region. Directors appointed under this | ||||||
| 22 | subsection shall include: | ||||||
| 23 | (1) one Director with an initial term of 5 years who | ||||||
| 24 | shall serve as a member of the Board of the Chicago Transit | ||||||
| 25 | Authority; | ||||||
| 26 | (2) one Director with an initial term of 3 years who | ||||||
| |||||||
| |||||||
| 1 | shall serve as a director of the Suburban Bus Board; | ||||||
| 2 | (3) one Director appointed by the Governor, with the | ||||||
| 3 | advice and consent of the Senate, with an initial term of 5 | ||||||
| 4 | years who shall serve as a director of the Commuter Rail | ||||||
| 5 | Board; | ||||||
| 6 | (4) one Director with an initial term of 5 years; and | ||||||
| 7 | (5) one Director with an initial term of 3 years. | ||||||
| 8 | (b) Five Directors appointed by the President of the Cook | ||||||
| 9 | County Board of Commissioners, with the advice and consent of | ||||||
| 10 | the Cook County Board of Commissioners, including: | ||||||
| 11 | (1) one Director representing those communities in | ||||||
| 12 | Cook County that are outside of the City of Chicago and | ||||||
| 13 | north of Devon Avenue who shall reside in the area the | ||||||
| 14 | Director represents, serve an initial term of 3 years, and | ||||||
| 15 | serve as a director of the Suburban Bus Board; | ||||||
| 16 | (2) one Director representing those communities in | ||||||
| 17 | Cook County that are outside of the City of Chicago, south | ||||||
| 18 | of Devon Avenue, and north of Interstate 55, and in | ||||||
| 19 | addition the Village of Summit who shall reside in the | ||||||
| 20 | area the Director represents, serve an initial term of 5 | ||||||
| 21 | years, and serve as a director of the Suburban Bus Board; | ||||||
| 22 | (3) one Director representing those communities in | ||||||
| 23 | Cook County that are outside of the City of Chicago, south | ||||||
| 24 | of Interstate 55, and west of the Interstate 57, excluding | ||||||
| 25 | the communities of Summit, Dixmoor, Posen, Robbins, | ||||||
| 26 | Midlothian, Oak Forest, and Tinley Park who shall reside | ||||||
| |||||||
| |||||||
| 1 | in the area the Director represents, serve an initial term | ||||||
| 2 | of 3 years, and serve as a director of the Commuter Rail | ||||||
| 3 | Board; | ||||||
| 4 | (4) one Director representing those communities in | ||||||
| 5 | Cook County that are outside of the City of Chicago and | ||||||
| 6 | east of Interstate 57, and, in addition, the communities | ||||||
| 7 | of Dixmoor, Posen, Robbins, Midlothian, Oak Forest, and | ||||||
| 8 | Tinley Park who shall reside in the area the Director | ||||||
| 9 | represents, serve an initial term of 5 years, and serve as | ||||||
| 10 | a director of the Commuter Rail Board; and | ||||||
| 11 | (5) one Director with an initial term of 3 years who | ||||||
| 12 | shall serve as a member of the Board of the Chicago Transit | ||||||
| 13 | Authority. | ||||||
| 14 | (b-5) Five Directors appointed by the chair of the county | ||||||
| 15 | boards of Kane, Lake, McHenry, DuPage, and Will counties. Each | ||||||
| 16 | chair shall appoint one Director for the chair's county, with | ||||||
| 17 | the advice and consent of the chair's county board. Each | ||||||
| 18 | Director shall reside in the county from which the Director is | ||||||
| 19 | appointed. Directors appointed under this subsection shall | ||||||
| 20 | include: | ||||||
| 21 | (1) one Director appointed by the Chairman of the | ||||||
| 22 | DuPage County Board with an initial term of 5 years who | ||||||
| 23 | shall serve as a director of the Suburban Bus Board; | ||||||
| 24 | (2) one Director appointed by the Chairman of the Kane | ||||||
| 25 | County Board with an initial term of 3 years who shall | ||||||
| 26 | serve as a director of the Suburban Bus Board; | ||||||
| |||||||
| |||||||
| 1 | (3) one Director appointed by the Chairman of the Lake | ||||||
| 2 | County Board with an initial term of 3 years who shall | ||||||
| 3 | serve as a director of the Commuter Rail Board; | ||||||
| 4 | (4) one Director appointed by the Chairman of the | ||||||
| 5 | McHenry County Board with an initial term of 5 years who | ||||||
| 6 | shall serve as a director of the Commuter Rail Board; and | ||||||
| 7 | (5) one Director appointed by the County Executive of | ||||||
| 8 | Will County Board who shall reside in Will County, serve | ||||||
| 9 | an initial term of 3 years, and serve as a director of the | ||||||
| 10 | Suburban Bus Board. | ||||||
| 11 | (b-10) On September 1, 2026, the terms of all directors | ||||||
| 12 | serving on the effective date of this amendatory Act of the | ||||||
| 13 | 104th General Assembly and of any directors appointed to fill | ||||||
| 14 | a vacancy shall immediately expire. If a vacancy on the Board | ||||||
| 15 | occurs before September 1, 2026, then the vacancy shall be | ||||||
| 16 | filled under Section 3.03. Directors serving on the effective | ||||||
| 17 | date of this amendatory Act of the 104th General Assembly may | ||||||
| 18 | be reappointed. | ||||||
| 19 | (b-15) Within 120 days of the effective date of this | ||||||
| 20 | amendatory Act of the 104th General Assembly, the appointing | ||||||
| 21 | authorities shall appoint, with the advice and consent | ||||||
| 22 | required under this Section, a new Board of the Authority. | ||||||
| 23 | Directors have been appointed when appointments are filed with | ||||||
| 24 | and accepted by the Secretary of State in accordance with | ||||||
| 25 | subsection (g). The initial Directors appointed after the | ||||||
| 26 | effective date of this amendatory Act of the 104th General | ||||||
| |||||||
| |||||||
| 1 | Assembly shall serve terms of office beginning on September 1, | ||||||
| 2 | 2026. | ||||||
| 3 | (b-20) On the first meeting of the Board the Directors | ||||||
| 4 | after the effective date of this amendatory Act of the 104th | ||||||
| 5 | General Assembly, the Board of Directors shall, by majority | ||||||
| 6 | vote, elect a Director to serve as Chair of the Board. All | ||||||
| 7 | subsequent Chairs of the Board shall be elected by a majority | ||||||
| 8 | vote by the Directors of the Board from among the Directors. | ||||||
| 9 | Until September 1, 2030, the Chair of the Board must be | ||||||
| 10 | confirmed by the Senate. Until September 1, 2030, if the | ||||||
| 11 | Directors elect a Chair of the Board, then the elected Chair of | ||||||
| 12 | the Board may serve as a the acting Chair of the Board until | ||||||
| 13 | confirmation. Until September 1, 2030, if the Senate votes | ||||||
| 14 | against confirming the acting Chair of the Board, then the | ||||||
| 15 | acting Chair of the Board must resign and the Directors must | ||||||
| 16 | elect a new Chair of the Board. | ||||||
| 17 | (b-25) The subsequent terms of each Director appointed | ||||||
| 18 | after September 1, 2026 shall be 5 years. | ||||||
| 19 | (c) (Blank). | ||||||
| 20 | (d) (Blank). | ||||||
| 21 | (e) (Blank). | ||||||
| 22 | (f) Except as otherwise provided by this Act, no Director | ||||||
| 23 | shall, while serving as such, be an officer, member of the | ||||||
| 24 | Board of Directors or Trustees, an employee of any Service | ||||||
| 25 | Board or Transportation Agency, or an employee of the State, | ||||||
| 26 | any department or agency of the State, or any municipality, | ||||||
| |||||||
| |||||||
| 1 | county, or other unit of local government or receive any | ||||||
| 2 | compensation from any elected or appointed office under the | ||||||
| 3 | Constitution and laws of Illinois; except that a Director may | ||||||
| 4 | be a member of a school board, a member of the National Guard, | ||||||
| 5 | or, if the Director is also a member of the Suburban Bus Board, | ||||||
| 6 | an elected officer of a municipality. | ||||||
| 7 | (g) Each appointment made under this Section and under | ||||||
| 8 | Section 3.03 shall be certified by the appointing authority | ||||||
| 9 | and filed with the Secretary of State and the Secretary of the | ||||||
| 10 | Board. The Secretary of the Board shall maintain the | ||||||
| 11 | certifications as part of the official records of the | ||||||
| 12 | Authority. | ||||||
| 13 | (h) (Blank). | ||||||
| 14 | (i) Directors shall have diverse and substantial relevant | ||||||
| 15 | experience and expertise for overseeing the planning, | ||||||
| 16 | operation, and funding of a regional transportation system, | ||||||
| 17 | including, but not limited to, backgrounds in urban and | ||||||
| 18 | regional planning, management of large capital projects, labor | ||||||
| 19 | and workforce development, business management, public | ||||||
| 20 | administration, transportation, and community organizations. | ||||||
| 21 | (j) Those responsible for appointing Directors shall | ||||||
| 22 | strive to assemble a set of Directors that, to the greatest | ||||||
| 23 | extent possible, reflects the ethnic, cultural, economic, | ||||||
| 24 | racial, and geographic diversity of the metropolitan region. | ||||||
| 25 | (Source: P.A. 104-457, eff. 6-1-26.) | ||||||
| |||||||
| |||||||
| 1 | (70 ILCS 3615/3A.02) (from Ch. 111 2/3, par. 703A.02) | ||||||
| 2 | Sec. 3A.02. Suburban Bus Board. | ||||||
| 3 | (a) The governing body of the Suburban Bus Division shall | ||||||
| 4 | be the Suburban Bus Board. Until September 1, 2026, the | ||||||
| 5 | Suburban Bus Board shall consist of 13 directors appointed as | ||||||
| 6 | follows: | ||||||
| 7 | (1) (a) Six Directors appointed by the members of the | ||||||
| 8 | Cook County Board elected from that part of Cook County | ||||||
| 9 | outside of Chicago, or in the event such Board of | ||||||
| 10 | Commissioners becomes elected from single member | ||||||
| 11 | districts, by those Commissioners elected from districts, | ||||||
| 12 | a majority of the residents of which reside outside of | ||||||
| 13 | Chicago from the chief executive officers of the | ||||||
| 14 | municipalities, of that portion of Cook County outside of | ||||||
| 15 | Chicago. Provided however, that: | ||||||
| 16 | (A) One of the Directors shall be the chief | ||||||
| 17 | executive officer of a municipality within the area of | ||||||
| 18 | the Northwest Region defined in Section 3A.13; | ||||||
| 19 | (B) One of the Directors shall be the chief | ||||||
| 20 | executive officer of a municipality within the area of | ||||||
| 21 | the North Central Region defined in Section 3A.13; | ||||||
| 22 | (C) One of the Directors shall be the chief | ||||||
| 23 | executive officer of a municipality within the area of | ||||||
| 24 | the North Shore Region defined in Section 3A.13; | ||||||
| 25 | (D) One of the Directors shall be the chief | ||||||
| 26 | executive officer of a municipality within the area of | ||||||
| |||||||
| |||||||
| 1 | the Central Region defined in Section 3A.13; | ||||||
| 2 | (E) One of the Directors shall be the chief | ||||||
| 3 | executive officer of a municipality within the area of | ||||||
| 4 | the Southwest Region defined in Section 3A.13; | ||||||
| 5 | (F) One of the Directors shall be the chief | ||||||
| 6 | executive officer of a municipality within the area of | ||||||
| 7 | the South Region defined in Section 3A.13; | ||||||
| 8 | (2) One Director by the Chairman of the Kane County | ||||||
| 9 | Board who shall be a chief executive officer of a | ||||||
| 10 | municipality within Kane County; | ||||||
| 11 | (3) One Director by the Chairman of the Lake County | ||||||
| 12 | Board who shall be a chief executive officer of a | ||||||
| 13 | municipality within Lake County; | ||||||
| 14 | (4) One Director by the Chairman of the DuPage County | ||||||
| 15 | Board who shall be a chief executive officer of a | ||||||
| 16 | municipality within DuPage County; | ||||||
| 17 | (5) One Director by the Chairman of the McHenry County | ||||||
| 18 | Board who shall be a chief executive officer of a | ||||||
| 19 | municipality within McHenry County; | ||||||
| 20 | (6) One Director by the Chairman of the Will County | ||||||
| 21 | Board who shall be a chief executive officer of a | ||||||
| 22 | municipality within Will County; | ||||||
| 23 | (7) The Commissioner of the Mayor's Office for People | ||||||
| 24 | with Disabilities, from the City of Chicago, who shall | ||||||
| 25 | serve as an ex officio member; and | ||||||
| 26 | (8) The Chairman by the Governor for the initial term, | ||||||
| |||||||
| |||||||
| 1 | and thereafter by a majority of the Chairmen of the | ||||||
| 2 | DuPage, Kane, Lake, McHenry and Will County Boards and the | ||||||
| 3 | members of the Cook County Board elected from that part of | ||||||
| 4 | Cook County outside of Chicago, or in the event such Board | ||||||
| 5 | of Commissioners is elected from single member districts, | ||||||
| 6 | by those Commissioners elected from districts, a majority | ||||||
| 7 | of the electors of which reside outside of Chicago; and | ||||||
| 8 | who after the effective date of this amendatory Act of the | ||||||
| 9 | 95th General Assembly may not be a resident of the City of | ||||||
| 10 | Chicago. | ||||||
| 11 | (b) Beginning September 1, 2026, the board shall consist | ||||||
| 12 | of 11 directors appointed as follows: | ||||||
| 13 | (1) One director appointed by the Governor, with the | ||||||
| 14 | advice and consent of the Senate. The director appointed | ||||||
| 15 | under this paragraph shall have an initial term of 3 | ||||||
| 16 | years. The director appointed under this paragraph shall | ||||||
| 17 | also serve as a Director of the Northern Illinois Transit | ||||||
| 18 | Authority. | ||||||
| 19 | (2) Two directors appointed by the Mayor of Chicago | ||||||
| 20 | with the advice and consent of the City Council of the City | ||||||
| 21 | of Chicago, including: | ||||||
| 22 | (A) a director with an initial term of 5 years who | ||||||
| 23 | shall serve as a Director on the Board of the | ||||||
| 24 | Authority; and | ||||||
| 25 | (B) a director with an initial term of 3 years. | ||||||
| 26 | (3) Three directors appointed by the President of the | ||||||
| |||||||
| |||||||
| 1 | Cook County Board of Commissioners with the advice and | ||||||
| 2 | consent of the Cook County Board of Commissioners, | ||||||
| 3 | including: | ||||||
| 4 | (A) a director with an initial term of 5 years who | ||||||
| 5 | shall serve as a Director on the Board of the | ||||||
| 6 | Authority; | ||||||
| 7 | (B) a director with an initial term of 3 years who | ||||||
| 8 | shall serve as a Director on the Board of the | ||||||
| 9 | Authority; and | ||||||
| 10 | (C) a director with an initial term of 5 years. | ||||||
| 11 | (4) One director appointed by the Chairman of the | ||||||
| 12 | DuPage County Board. The director appointed under this | ||||||
| 13 | paragraph shall have an initial term of 5 3 years. The | ||||||
| 14 | director appointed under this paragraph shall also serve | ||||||
| 15 | as a Director on the Board of the Authority. | ||||||
| 16 | (5) One director appointed by the Chairman of the Kane | ||||||
| 17 | County Board. The director appointed under this paragraph | ||||||
| 18 | shall have an initial term of 3 5 years. The director | ||||||
| 19 | appointed under this paragraph shall also serve as a | ||||||
| 20 | Director on the Board of the Authority. | ||||||
| 21 | (6) One director appointed by the Chairman of the Lake | ||||||
| 22 | County Board. The director appointed under this paragraph | ||||||
| 23 | shall have an initial term of 5 years. | ||||||
| 24 | (7) One director appointed by the Chairman of the | ||||||
| 25 | McHenry County Board. The director appointed under this | ||||||
| 26 | paragraph shall have an initial term of 3 years. | ||||||
| |||||||
| |||||||
| 1 | (8) One director appointed by the County Executive of | ||||||
| 2 | the Will County Board. The director appointed under this | ||||||
| 3 | paragraph shall reside in Will County. The director | ||||||
| 4 | appointed under this paragraph shall have an initial term | ||||||
| 5 | of 5 years. The director appointed under this paragraph | ||||||
| 6 | shall also serve as a Director on the Board of the | ||||||
| 7 | Authority. | ||||||
| 8 | (c) The subsequent terms of each director appointed under | ||||||
| 9 | subsection (b) shall be 5 years. | ||||||
| 10 | (d) The Chair of the Suburban Bus Board shall be elected by | ||||||
| 11 | a majority vote by the directors of the Suburban Bus Board from | ||||||
| 12 | among the directors of the Suburban Bus Board. Until September | ||||||
| 13 | 1, 2030, the Chair of the Suburban Bus Board must be approved | ||||||
| 14 | by the Senate. Until September 1, 2030, if the directors of the | ||||||
| 15 | Suburban Bus Board elect a Chair of the Suburban Bus Board, | ||||||
| 16 | then the elected Chair of the Suburban Bus Board may serve as a | ||||||
| 17 | the acting Chair of the Suburban Bus Board until confirmation. | ||||||
| 18 | Until September 1, 2030, if the Senate votes against | ||||||
| 19 | confirming the acting Chair of the Suburban Bus Board, then | ||||||
| 20 | the acting Chair of the Suburban Bus Board must resign and the | ||||||
| 21 | directors of the Suburban Bus Board must elect a new Chair of | ||||||
| 22 | the Suburban Bus Board. | ||||||
| 23 | (e) Initial appointments of directors under subsection (b) | ||||||
| 24 | must be made in time for the directors to begin their terms on | ||||||
| 25 | September 1, 2026. | ||||||
| 26 | (e-5) Except as otherwise provided by this Act, no | ||||||
| |||||||
| |||||||
| 1 | Director appointed under subsection (b) shall, while serving | ||||||
| 2 | as such, be an officer, a member of the Board of Directors or | ||||||
| 3 | Trustees, or an employee of any other Service Board or | ||||||
| 4 | Transportation Agency, or an employee of the State, any | ||||||
| 5 | department or agency of the State, or any municipality, | ||||||
| 6 | county, or other unit of local government, or receive any | ||||||
| 7 | compensation from any elected or appointed office under the | ||||||
| 8 | Constitution and laws of Illinois; except that a Director may | ||||||
| 9 | be a mayor of a municipality, a member of a school board, or a | ||||||
| 10 | member of the National Guard. | ||||||
| 11 | (f) On September 1, 2026, the terms of all directors | ||||||
| 12 | appointed under subsection (a) and of any directors appointed | ||||||
| 13 | to fill a vacancy shall immediately expire. If a vacancy on the | ||||||
| 14 | Suburban Bus Board occurs before September 1, 2026, then the | ||||||
| 15 | vacancy shall be filled under Section 3A.03. Directors | ||||||
| 16 | appointed under subsection (a) may be reappointed under | ||||||
| 17 | subsection (b). | ||||||
| 18 | (g) Directors shall have diverse and substantial relevant | ||||||
| 19 | experience or expertise in overseeing the planning, operation, | ||||||
| 20 | or funding of a public transportation system, including, but | ||||||
| 21 | not limited to, backgrounds in urban and regional planning, | ||||||
| 22 | management of large capital projects, labor and workforce | ||||||
| 23 | development, business management, public administration, | ||||||
| 24 | transportation, and transit and ridership advocacy. | ||||||
| 25 | (h) Those responsible for appointing directors shall | ||||||
| 26 | strive to assemble a set of directors that, to the greatest | ||||||
| |||||||
| |||||||
| 1 | extent possible, reflects the ethnic, cultural, economic, | ||||||
| 2 | racial, and geographic diversity of the metropolitan region. | ||||||
| 3 | (Source: P.A. 104-457, eff. 6-1-26.) | ||||||
| 4 | (70 ILCS 3615/3A.06) (from Ch. 111 2/3, par. 703A.06) | ||||||
| 5 | Sec. 3A.06. Compensation. The members of the Suburban Bus | ||||||
| 6 | Board shall receive an annual salary of $15,000, except that | ||||||
| 7 | members of the Suburban Bus Board who are also members of the | ||||||
| 8 | Board of the Authority shall receive $10,000 $5,000 per year | ||||||
| 9 | in addition to the compensation the members receive for | ||||||
| 10 | serving on the Board of the Authority. Each member shall be | ||||||
| 11 | reimbursed for actual expenses incurred in the performance of | ||||||
| 12 | his duties, not to exceed $5,000 $5000 per year. | ||||||
| 13 | Officers of the Division shall not be required to comply | ||||||
| 14 | with the requirements of the Public Funds Statement | ||||||
| 15 | Publication Act. | ||||||
| 16 | (Source: P.A. 104-457, eff. 6-1-26.) | ||||||
| 17 | (70 ILCS 3615/3A.10.5) | ||||||
| 18 | (This Section may contain text from a Public Act with a | ||||||
| 19 | delayed effective date) | ||||||
| 20 | Sec. 3A.10.5. Budget and program. The Suburban Bus Board, | ||||||
| 21 | subject to the powers of the Authority, including the budget | ||||||
| 22 | review powers contained in Section 4.01 of the Northern | ||||||
| 23 | Illinois Transit Authority Act, shall by ordinance appropriate | ||||||
| 24 | money to perform the Division's purposes and provide for | ||||||
| |||||||
| |||||||
| 1 | payment of debts and expenses of the Division. Each year, as | ||||||
| 2 | part of the process set forth in Section 4.01 4.11, the | ||||||
| 3 | Authority shall prepare and publish a comprehensive annual | ||||||
| 4 | budget and proposed 5-year Capital Program document, and a | ||||||
| 5 | financial plan for the 2 years thereafter describing the state | ||||||
| 6 | of the Division and presenting for the forthcoming fiscal year | ||||||
| 7 | and the 2 following years the Division's plans for such | ||||||
| 8 | operations and capital expenditures as it intends to undertake | ||||||
| 9 | and the means by which it intends to finance them. The proposed | ||||||
| 10 | budget, financial plan, and 5-year Capital Program shall be | ||||||
| 11 | based on the Authority's estimate of funds to be made | ||||||
| 12 | available to the Suburban Bus Board by or through the | ||||||
| 13 | Authority and shall conform in all respects to the | ||||||
| 14 | requirements established by the Authority. The proposed | ||||||
| 15 | budget, financial plan, and 5-year Capital Program shall | ||||||
| 16 | contain a statement of the funds estimated to be on hand at the | ||||||
| 17 | beginning of the fiscal year, the funds estimated to be | ||||||
| 18 | received from all sources for such year and the funds | ||||||
| 19 | estimated to be on hand at the end of such year. The fiscal | ||||||
| 20 | year of the Division shall be the same as the fiscal year of | ||||||
| 21 | the Authority. The proposed budget, financial plan, and 5-year | ||||||
| 22 | Capital Program shall be included in the Authority's public | ||||||
| 23 | hearings under Section 4.01 4.11. The budget, financial plan, | ||||||
| 24 | and 5-year Capital Program shall then be finalized by the | ||||||
| 25 | Authority as provided in Section 4.01 4.11. The ordinance | ||||||
| 26 | adopted by the Authority as provided in Section 4.01 4.11 | ||||||
| |||||||
| |||||||
| 1 | shall appropriate such sums of money as are deemed necessary | ||||||
| 2 | to defray all necessary expenses and obligations of the | ||||||
| 3 | Division, specifying purposes and the objects or programs for | ||||||
| 4 | which appropriations are made and the amount appropriated for | ||||||
| 5 | each object or program. Additional appropriations, transfers | ||||||
| 6 | between items and other changes in such ordinance which do not | ||||||
| 7 | alter the basis upon which the balanced budget determination | ||||||
| 8 | was made by the Board of the Authority may be made from time to | ||||||
| 9 | time by the Suburban Bus Board. The Suburban Bus Board shall | ||||||
| 10 | not (i) use any funds in its budget, or in reserves, allocated | ||||||
| 11 | for operational expenses to fund capital projects or (ii) | ||||||
| 12 | transfer moneys from any funds in its budget, or in reserves, | ||||||
| 13 | allocated for operational expenses to an account primarily | ||||||
| 14 | used to fund capital projects. | ||||||
| 15 | (Source: P.A. 104-457, eff. 6-1-26.) | ||||||
| 16 | (70 ILCS 3615/3A.15.5) | ||||||
| 17 | (This Section may contain text from a Public Act with a | ||||||
| 18 | delayed effective date) | ||||||
| 19 | Sec. 3A.15.5. Visitor paratransit service. | ||||||
| 20 | (a) Upon certifying that a person is eligible to receive | ||||||
| 21 | complementary paratransit services under 49 CFR Part 37, | ||||||
| 22 | Subpart F or within 10 business days after receiving a | ||||||
| 23 | certified person's request for documentation of eligibility | ||||||
| 24 | for those services, the Northern Illinois Transit Authority | ||||||
| 25 | or, until December 31, 2029, the Suburban Bus Board shall | ||||||
| |||||||
| |||||||
| 1 | provide the person with documentation of the person's | ||||||
| 2 | certification of eligibility for those services. | ||||||
| 3 | (b) If a person provides the Suburban Bus Board with | ||||||
| 4 | documentation of the person's certification of eligibility to | ||||||
| 5 | receive complementary paratransit services under 49 CFR Part | ||||||
| 6 | 37, Subpart F, then the Suburban Bus Board shall provide those | ||||||
| 7 | services to the person within one business day after receiving | ||||||
| 8 | the documentation. | ||||||
| 9 | (c) The procedures used by the Northern Illinois Transit | ||||||
| 10 | Authority or, until December 31, 2029, the Suburban Bus Board | ||||||
| 11 | to document a person's certification of eligibility for | ||||||
| 12 | complementary paratransit services under 49 CFR Part 37, | ||||||
| 13 | Subpart F shall not require the disclosure or recording of any | ||||||
| 14 | specific information about an individual's disability. | ||||||
| 15 | (Source: P.A. 104-457, eff. 6-1-26.) | ||||||
| 16 | (70 ILCS 3615/3A.18) | ||||||
| 17 | Sec. 3A.18. Employment contracts. Except as otherwise | ||||||
| 18 | provided in Section 3A.14, before the Suburban Bus Board may | ||||||
| 19 | enter into or amend any employment contract in excess of | ||||||
| 20 | $200,000 $100,000, the Suburban Bus Board must submit that | ||||||
| 21 | contract or amendment to the Board for review for a period of | ||||||
| 22 | 14 days. After 14 days, the contract shall be considered | ||||||
| 23 | reviewed. This Section applies only to contracts entered into | ||||||
| 24 | or amended on or after the effective date of this amendatory | ||||||
| 25 | Act of the 98th General Assembly. | ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 98-1027, eff. 1-1-15.) | ||||||
| 2 | (70 ILCS 3615/3B.02.5) | ||||||
| 3 | (This Section may contain text from a Public Act with a | ||||||
| 4 | delayed effective date) | ||||||
| 5 | Sec. 3B.02.5. Commuter Rail Board. | ||||||
| 6 | (a) The governing body of the Commuter Rail Division shall | ||||||
| 7 | be the Commuter Rail Board. Beginning September 1, 2026, the | ||||||
| 8 | Commuter Rail Board shall consist of 11 directors appointed as | ||||||
| 9 | follows: | ||||||
| 10 | (1) One director appointed by the Governor, with the | ||||||
| 11 | advice and consent of the Senate. The director appointed | ||||||
| 12 | under this paragraph shall have an initial term of 5 | ||||||
| 13 | years. The director appointed under this paragraph shall | ||||||
| 14 | also serve as a Director of the Northern Illinois Transit | ||||||
| 15 | Authority. | ||||||
| 16 | (2) Two directors appointed by the Mayor of Chicago | ||||||
| 17 | with the advice and consent of the City Council of the City | ||||||
| 18 | of Chicago, including: | ||||||
| 19 | (A) a director with an initial term of 3 years who | ||||||
| 20 | shall also serve as a Director on the Board of the | ||||||
| 21 | Authority; and | ||||||
| 22 | (B) a director with an initial term of 5 years. | ||||||
| 23 | (3) Three directors appointed by the President of the | ||||||
| 24 | Cook County Board of Commissioners with the advice and | ||||||
| 25 | consent of the Cook County Board of Commissioners, | ||||||
| |||||||
| |||||||
| 1 | including: | ||||||
| 2 | (A) a director with an initial term of 3 years who | ||||||
| 3 | shall also serve as a Director on the Board of the | ||||||
| 4 | Authority; | ||||||
| 5 | (B) a director with an initial term of 5 years who | ||||||
| 6 | shall also serve as a Director on the Board of the | ||||||
| 7 | Authority; and | ||||||
| 8 | (C) a director with an initial term of 3 years. | ||||||
| 9 | (4) One director appointed by the Chairman of the | ||||||
| 10 | DuPage County Board. The director appointed under this | ||||||
| 11 | paragraph shall have an initial term of 5 years. | ||||||
| 12 | (5) One director appointed by the Chairman of the Kane | ||||||
| 13 | County Board. The director appointed under this paragraph | ||||||
| 14 | shall have an initial term of 3 years. | ||||||
| 15 | (6) One director appointed by the Chairman of the Lake | ||||||
| 16 | County Board. The director appointed under this paragraph | ||||||
| 17 | shall have an initial term of 3 years. The director | ||||||
| 18 | appointed under this paragraph shall also serve as a | ||||||
| 19 | Director on the Board of the Authority. | ||||||
| 20 | (7) One director appointed by the Chairman of the | ||||||
| 21 | McHenry County Board. The director appointed under this | ||||||
| 22 | paragraph shall have an initial term of 5 years. The | ||||||
| 23 | director appointed under this paragraph shall also serve | ||||||
| 24 | as a Director on the Board of the Authority. | ||||||
| 25 | (8) One director appointed by the County Executive of | ||||||
| 26 | Will County. The director appointed under this paragraph | ||||||
| |||||||
| |||||||
| 1 | shall reside in Will County. The director appointed under | ||||||
| 2 | this paragraph shall have an initial term of 3 years. | ||||||
| 3 | (b) The subsequent terms of each director appointed under | ||||||
| 4 | subsection (a) shall be 5 years. | ||||||
| 5 | (c) The Chair of the Commuter Rail Board shall be elected | ||||||
| 6 | by a majority vote by the directors of the Commuter Rail Board | ||||||
| 7 | from among the directors of the Commuter Rail Board. Until | ||||||
| 8 | September 1, 2030, the Chair of the Commuter Rail Board must be | ||||||
| 9 | approved by the Senate. Until September 1, 2030, if the | ||||||
| 10 | directors of the Commuter Rail Board elect a Chair of the | ||||||
| 11 | Commuter Rail Board, then the elected Chair of the Commuter | ||||||
| 12 | Rail Board may serve as a the acting Chair of the Commuter Rail | ||||||
| 13 | Board until confirmation. Until September 1, 2030, if the | ||||||
| 14 | Senate votes against confirming the acting Chair of the | ||||||
| 15 | Commuter Rail Board, then the acting Chair of the Commuter | ||||||
| 16 | Rail Board must resign and the directors of the Commuter Rail | ||||||
| 17 | Board must elect a new Chair of the Commuter Rail Board. | ||||||
| 18 | (d) Initial appointments of directors under subsection (a) | ||||||
| 19 | must be made in time for the directors to begin their terms on | ||||||
| 20 | September 1, 2026. | ||||||
| 21 | (e) On September 1, 2026, the terms of all directors | ||||||
| 22 | serving on the effective date of this amendatory Act of the | ||||||
| 23 | 104th General Assembly and of any directors appointed to fill | ||||||
| 24 | a vacancy shall immediately expire. If a vacancy on the Board | ||||||
| 25 | occurs before September 1, 2026, then the vacancy shall be | ||||||
| 26 | filled under Section 3B.03. Directors serving on the effective | ||||||
| |||||||
| |||||||
| 1 | date of this amendatory Act of the 104th General Assembly may | ||||||
| 2 | be reappointed under subsection (a). | ||||||
| 3 | (f) Directors shall have diverse and substantial relevant | ||||||
| 4 | experience and expertise for overseeing the planning, | ||||||
| 5 | operation, and funding of a regional transportation system, | ||||||
| 6 | including, but not limited to, backgrounds in urban and | ||||||
| 7 | regional planning, management of large capital projects, labor | ||||||
| 8 | and workforce development, business management, public | ||||||
| 9 | administration, transportation, and community organizations. | ||||||
| 10 | Except as otherwise provided by this Act, no Director shall, | ||||||
| 11 | while serving as such, be an officer, a member of the Board of | ||||||
| 12 | Directors or Trustees, an employee of any other Service Board | ||||||
| 13 | or Transportation Agency, or an employee of the State, any | ||||||
| 14 | department or agency of the State thereof, or any | ||||||
| 15 | municipality, county, or other unit of local government or | ||||||
| 16 | receive any compensation from any elected or appointed office | ||||||
| 17 | under the Constitution and laws of Illinois; except that a | ||||||
| 18 | Director may be a member of a school board or a member of the | ||||||
| 19 | National Guard. | ||||||
| 20 | (g) Those responsible for appointing directors shall | ||||||
| 21 | strive to assemble a set of directors that, to the greatest | ||||||
| 22 | extent possible, reflects the ethnic, cultural, economic, | ||||||
| 23 | racial, and geographic diversity of the metropolitan region. | ||||||
| 24 | (Source: P.A. 104-457, eff. 6-1-26.) | ||||||
| 25 | (70 ILCS 3615/3B.06) (from Ch. 111 2/3, par. 703B.06) | ||||||
| |||||||
| |||||||
| 1 | Sec. 3B.06. Compensation. Directors of the Commuter Rail | ||||||
| 2 | Board shall receive an annual salary of $15,000, except that | ||||||
| 3 | members of the Commuter Rail Board that are also members of the | ||||||
| 4 | Board of the Northern Illinois Transit Authority shall receive | ||||||
| 5 | $10,000 $5,000 per year in addition to the compensation the | ||||||
| 6 | member receives for serving on the Board of the Northern | ||||||
| 7 | Illinois Transit Authority. Each member shall be reimbursed | ||||||
| 8 | for actual expenses incurred in the performance of his duties. | ||||||
| 9 | Officers of the Division shall not be required to comply | ||||||
| 10 | with the requirements of "An Act requiring certain custodians | ||||||
| 11 | of public monies to file and publish statements of the | ||||||
| 12 | receipts and disbursements thereof", approved June 24, 1919, | ||||||
| 13 | as now or hereafter amended. | ||||||
| 14 | (Source: P.A. 104-457, eff. 6-1-26.) | ||||||
| 15 | (70 ILCS 3615/3B.10.5) | ||||||
| 16 | (This Section may contain text from a Public Act with a | ||||||
| 17 | delayed effective date) | ||||||
| 18 | Sec. 3B.10.5. Budget and program. The Commuter Rail Board, | ||||||
| 19 | subject to the powers of the Authority, including the budget | ||||||
| 20 | review powers contained in Section 4.01 of the Northern | ||||||
| 21 | Illinois Transit Authority Act, shall by ordinance appropriate | ||||||
| 22 | money to perform the Division's purposes and provide for | ||||||
| 23 | payment of debts and expenses of the Division. Each year, as | ||||||
| 24 | part of the process set forth in Section 4.11, the Authority | ||||||
| 25 | shall prepare and publish a comprehensive annual budget and | ||||||
| |||||||
| |||||||
| 1 | proposed 5-year Capital Program document, and a financial plan | ||||||
| 2 | for the 2 years thereafter describing the state of the | ||||||
| 3 | Division and presenting for the forthcoming fiscal year and | ||||||
| 4 | the 2 following years the Division's plans for such operations | ||||||
| 5 | and capital expenditures as it intends to undertake and the | ||||||
| 6 | means by which it intends to finance them. The proposed | ||||||
| 7 | budget, financial plan, and 5-year Capital Program shall be | ||||||
| 8 | based on the Authority's estimate of funds to be made | ||||||
| 9 | available to the Commuter Rail Board by or through the | ||||||
| 10 | Authority and shall conform in all respects to the | ||||||
| 11 | requirements established by the Authority. The proposed | ||||||
| 12 | budget, financial plan, and 5-year Capital Program shall | ||||||
| 13 | contain a statement of the funds estimated to be on hand at the | ||||||
| 14 | beginning of the fiscal year, the funds estimated to be | ||||||
| 15 | received from all sources for such year and the funds | ||||||
| 16 | estimated to be on hand at the end of such year. The fiscal | ||||||
| 17 | year of the Division shall be the same as the fiscal year of | ||||||
| 18 | the Authority. The proposed budget, financial plan, and 5-year | ||||||
| 19 | Capital Program shall be included in the Authority's public | ||||||
| 20 | hearings under Section 4.01 4.11. The budget, financial plan, | ||||||
| 21 | and 5-year Capital Program shall then be finalized by the | ||||||
| 22 | Authority as provided in Section 4.01 4.11. The ordinance | ||||||
| 23 | adopted by the Authority as provided in Section 4.01 4.11 | ||||||
| 24 | shall appropriate such sums of money as are deemed necessary | ||||||
| 25 | to defray all necessary expenses and obligations of the | ||||||
| 26 | Division, specifying purposes and the objects or programs for | ||||||
| |||||||
| |||||||
| 1 | which appropriations are made and the amount appropriated for | ||||||
| 2 | each object or program. Additional appropriations, transfers | ||||||
| 3 | between items and other changes in such ordinance which do not | ||||||
| 4 | alter the basis upon which the balanced budget determination | ||||||
| 5 | was made by the Board of the Authority may be made from time to | ||||||
| 6 | time by the Commuter Rail Board. The Commuter Rail Board shall | ||||||
| 7 | not (i) use any funds in its budget, or in reserves, allocated | ||||||
| 8 | for operational expenses to fund capital projects or (ii) | ||||||
| 9 | transfer moneys from any funds in its budget, or in reserves, | ||||||
| 10 | allocated for operational expenses to an account primarily | ||||||
| 11 | used to fund capital projects. | ||||||
| 12 | (Source: P.A. 104-457, eff. 6-1-26.) | ||||||
| 13 | (70 ILCS 3615/3B.26) | ||||||
| 14 | Sec. 3B.26. Employment contracts. Except as otherwise | ||||||
| 15 | provided in Section 3B.13, before the Commuter Rail Board may | ||||||
| 16 | enter into or amend any employment contract in excess of | ||||||
| 17 | $200,000 $100,000, the Commuter Rail Board must submit that | ||||||
| 18 | contract or amendment to the Board for review for a period of | ||||||
| 19 | 14 days. After 14 days, the contract shall be considered | ||||||
| 20 | reviewed. This Section applies only to contracts entered into | ||||||
| 21 | or amended on or after the effective date of this amendatory | ||||||
| 22 | Act of the 98th General Assembly. | ||||||
| 23 | Before the Board of the Authority may enter into or amend | ||||||
| 24 | any employment contract in excess of $100,000, the Board must | ||||||
| 25 | submit that contract to the Chairman and Minority Spokesman of | ||||||
| |||||||
| |||||||
| 1 | the Transportation Regulations Roads and Bridges Committee, or | ||||||
| 2 | its successor committee, of the House of Representatives, and | ||||||
| 3 | to the Chairman and Minority Spokesman of the Transportation | ||||||
| 4 | Committee, or its successor committee, of the Senate. | ||||||
| 5 | (Source: P.A. 104-457, eff. 6-1-26.) | ||||||
| 6 | (70 ILCS 3615/4.01) | ||||||
| 7 | Sec. 4.01. Budget and program. | ||||||
| 8 | (a) The Board shall control the finances of the Authority. | ||||||
| 9 | It shall, by ordinance adopted by a supermajority vote: | ||||||
| 10 | (1) appropriate money to perform the Authority's | ||||||
| 11 | purposes and provide for payment of debts and expenses of | ||||||
| 12 | the Authority; | ||||||
| 13 | (2) until the new budget process under subsection | ||||||
| 14 | (a-20) is implemented on January 1, 2027, take action with | ||||||
| 15 | respect to the budget and 2-year financial plan of each | ||||||
| 16 | Service Board, as provided in Section 4.11; and | ||||||
| 17 | (3) until the new budget process under subsection | ||||||
| 18 | (a-20) is implemented on January 1, 2027, adopt an Annual | ||||||
| 19 | Budget and 2-Year Financial Plan for the Authority that | ||||||
| 20 | includes the Annual Budget and 2-Year financial plan of | ||||||
| 21 | each Service Board that has been approved by the | ||||||
| 22 | Authority. | ||||||
| 23 | (a-5) The Annual Budget and 2-Year Financial Plan shall | ||||||
| 24 | contain a statement of the funds estimated to be on hand for | ||||||
| 25 | the Authority and each Service Board at the beginning of the | ||||||
| |||||||
| |||||||
| 1 | fiscal year, the funds estimated to be received from all | ||||||
| 2 | sources for such year, the estimated expenses and obligations | ||||||
| 3 | of the Authority and each Service Board for all purposes, | ||||||
| 4 | including expenses for contributions to be made with respect | ||||||
| 5 | to pension and other employee benefits, and the funds | ||||||
| 6 | estimated to be on hand at the end of such year. | ||||||
| 7 | (a-10) The fiscal year of the Authority and each Service | ||||||
| 8 | Board shall begin on January 1st and end on the succeeding | ||||||
| 9 | December 31st. | ||||||
| 10 | (a-15) Until January 1, 2027, the Annual Budget and 2-Year | ||||||
| 11 | Financial Plan shall be prepared as follows: | ||||||
| 12 | (1) By July 1st of each year the Director of the | ||||||
| 13 | Illinois Governor's Office of Management and Budget shall | ||||||
| 14 | submit to the Authority an estimate of revenues for the | ||||||
| 15 | next fiscal year of the Authority to be collected from the | ||||||
| 16 | taxes imposed by the Authority and the amounts to be | ||||||
| 17 | available in the Public Transportation Fund and the | ||||||
| 18 | Northern Illinois Transit Authority Occupation and Use Tax | ||||||
| 19 | Replacement Fund and the amounts otherwise to be | ||||||
| 20 | appropriated by the State to the Authority for its | ||||||
| 21 | purposes. Before a proposed Annual Budget and 2-Year | ||||||
| 22 | Financial Plan is adopted, the Authority shall hold at | ||||||
| 23 | least one public hearing in the metropolitan region and | ||||||
| 24 | meet with the county board, or its designee, of each of the | ||||||
| 25 | counties in the metropolitan region. After an Annual | ||||||
| 26 | Budget and 2-Year Financial Plan is adopted, the Authority | ||||||
| |||||||
| |||||||
| 1 | shall file a copy of the Annual Budget and 2-Year | ||||||
| 2 | Financial Plan with the General Assembly and the Governor. | ||||||
| 3 | (2) After conducting the hearings and holding the | ||||||
| 4 | meetings required under this subsection and after making | ||||||
| 5 | the changes in the proposed Annual Budget and 2-Year | ||||||
| 6 | Financial Plan that the Authority deems appropriate, the | ||||||
| 7 | Board shall adopt its annual appropriation and Annual | ||||||
| 8 | Budget and 2-Year Financial Plan ordinance before December | ||||||
| 9 | 31 November 30. The ordinance may be adopted by the Board | ||||||
| 10 | only upon a supermajority vote. The ordinance shall | ||||||
| 11 | appropriate the sums of money as are deemed necessary to | ||||||
| 12 | defray all necessary expenses and obligations of the | ||||||
| 13 | Authority and the Service Boards, specifying the purposes | ||||||
| 14 | and the objects or programs for which appropriations are | ||||||
| 15 | made and the amount appropriated for each object or | ||||||
| 16 | program. Additional appropriations, transfers between | ||||||
| 17 | items and other changes in the ordinance may be made from | ||||||
| 18 | time to time by the Board upon a supermajority vote. | ||||||
| 19 | (a-20) Beginning January 1, 2027, the Annual Budget and | ||||||
| 20 | 2-Year Financial Plan shall be prepared as follows: | ||||||
| 21 | (1) By July 1 of each year the Director of the Illinois | ||||||
| 22 | Governor's Office of Management and Budget shall submit to | ||||||
| 23 | the Authority an estimate of revenues for the next fiscal | ||||||
| 24 | year of the Authority to be collected from the taxes | ||||||
| 25 | imposed by the Authority and the amounts to be available | ||||||
| 26 | in the Public Transportation Fund and the Northern | ||||||
| |||||||
| |||||||
| 1 | Illinois Transit Authority Occupation and Use Tax | ||||||
| 2 | Replacement Fund and the amounts otherwise to be | ||||||
| 3 | appropriated by the State to the Authority for its | ||||||
| 4 | purposes. Before the Board may adopt its annual | ||||||
| 5 | appropriation and Annual Budget and 2-Year Financial Plan | ||||||
| 6 | ordinance, based on the information provided by the | ||||||
| 7 | Director of the Illinois Governor's Office of Management | ||||||
| 8 | and Budget and the estimates of amounts to be available | ||||||
| 9 | from the State and other sources to the Service Boards, | ||||||
| 10 | the Board shall advise each Service Board on the amounts | ||||||
| 11 | estimated to be available for the Service Board during the | ||||||
| 12 | upcoming fiscal year and the 2 following fiscal years and | ||||||
| 13 | the times at which the amounts shall be available. | ||||||
| 14 | (2) Before the Board may adopt its annual | ||||||
| 15 | appropriation and Annual Budget and 2-Year Financial Plan | ||||||
| 16 | ordinance, the Board shall provide the Service Boards with | ||||||
| 17 | a proposed Annual Budget and 2-Year Financial Plan. At the | ||||||
| 18 | same time that it provides a copy of the proposed Annual | ||||||
| 19 | Budget and 2-Year Financial Plan to the Service Boards, | ||||||
| 20 | the Board shall make the proposed Annual Budget and 2-Year | ||||||
| 21 | Financial Plan budget available to the public on its | ||||||
| 22 | website. The Authority shall hold at least 3 public | ||||||
| 23 | hearings on the proposed Annual Budget and 2-Year | ||||||
| 24 | Financial Plan in Cook County and at least one public | ||||||
| 25 | hearing in each of the other counties in the metropolitan | ||||||
| 26 | region. In addition, the Authority shall meet with the | ||||||
| |||||||
| |||||||
| 1 | county board, or its designee, of each of the counties in | ||||||
| 2 | the metropolitan region. | ||||||
| 3 | (3) Before the Board adopts the Authority's annual | ||||||
| 4 | appropriation and Annual Budget and 2-Year Financial Plan | ||||||
| 5 | ordinance, the Service Boards shall review the proposed | ||||||
| 6 | Annual Budget and 2-Year Financial Plan and shall adopt, | ||||||
| 7 | by the affirmative vote of a majority of each Service | ||||||
| 8 | Board's then Directors, a budget recommendation ordinance | ||||||
| 9 | describing any modifications to the Board's proposed | ||||||
| 10 | Annual Budget and 2-Year Financial Plan that are deemed | ||||||
| 11 | necessary by the Service Boards to provide the service | ||||||
| 12 | described in the regionwide Service Plan adopted by the | ||||||
| 13 | Authority. | ||||||
| 14 | (4) After conducting the hearings and holding the | ||||||
| 15 | meetings required under this subsection and after making | ||||||
| 16 | the changes in the proposed Annual Budget and 2-Year | ||||||
| 17 | Financial Plan as the Authority deems appropriate, the | ||||||
| 18 | Authority shall adopt its annual appropriation and Annual | ||||||
| 19 | Budget and 2-Year Financial Plan ordinance. The ordinance | ||||||
| 20 | may be adopted only upon a supermajority vote. The | ||||||
| 21 | ordinance shall appropriate such sums of money as are | ||||||
| 22 | deemed necessary to defray all necessary expenses and | ||||||
| 23 | obligations of the Authority and the Service Boards, | ||||||
| 24 | specifying purposes and the objects or programs for which | ||||||
| 25 | appropriations are made and the amount appropriated for | ||||||
| 26 | each object or program. Additional appropriations, | ||||||
| |||||||
| |||||||
| 1 | transfers between items and other changes in such | ||||||
| 2 | ordinance may be made from time to time by the Board upon a | ||||||
| 3 | supermajority vote. | ||||||
| 4 | (b) The Annual Budget and 2-Year Financial Plan shall show | ||||||
| 5 | a balance between anticipated revenues from all sources and | ||||||
| 6 | anticipated expenses including funding of operating deficits | ||||||
| 7 | or the discharge of encumbrances incurred in prior periods and | ||||||
| 8 | payment of principal and interest when due, and shall show | ||||||
| 9 | cash balances sufficient to pay with reasonable promptness all | ||||||
| 10 | obligations and expenses as incurred. | ||||||
| 11 | (b-3) The Authority shall file a copy of its Annual Budget | ||||||
| 12 | and 2-Year Financial Plan with the General Assembly and the | ||||||
| 13 | Governor after its adoption. , and 2026, and 2026 | ||||||
| 14 | The Authority shall file a statement certifying that the | ||||||
| 15 | Service Boards published the data described in subsection | ||||||
| 16 | (b-5) with the General Assembly and the Governor after | ||||||
| 17 | adoption of the Annual Budget and 2-Year Financial Plan | ||||||
| 18 | required by subsection (a). If the Authority fails to file a | ||||||
| 19 | statement certifying publication of the data, then the | ||||||
| 20 | appropriations to the Department of Transportation for grants | ||||||
| 21 | to the Authority intended to reimburse the Service Boards for | ||||||
| 22 | providing free and reduced fares shall be withheld. | ||||||
| 23 | (b-5) Each fiscal year, the Service Boards must publish a | ||||||
| 24 | monthly comprehensive set of data regarding transit service | ||||||
| 25 | and safety. The data included shall include information to | ||||||
| 26 | track operations including: | ||||||
| |||||||
| |||||||
| 1 | (1) staffing levels, including numbers of budgeted | ||||||
| 2 | positions, current positions employed, hired staff, | ||||||
| 3 | attrition, staff in training, and absenteeism rates; | ||||||
| 4 | (2) scheduled service and delivered service, including | ||||||
| 5 | percentage of scheduled service delivered by day, service | ||||||
| 6 | by mode of transportation, service by route and rail line, | ||||||
| 7 | total number of revenue miles driven, excess wait times by | ||||||
| 8 | day, by mode of transportation, by bus route, and by stop; | ||||||
| 9 | and | ||||||
| 10 | (3) safety on the system, including the number of | ||||||
| 11 | incidents of crime and code of conduct violations on | ||||||
| 12 | system, any performance measures used to evaluate the | ||||||
| 13 | effectiveness of investments in private security, safety | ||||||
| 14 | equipment, and other security investments in the system. | ||||||
| 15 | If no performance measures exist to evaluate the | ||||||
| 16 | effectiveness of these safety investments, the Service | ||||||
| 17 | Boards and Authority shall develop and publish these | ||||||
| 18 | performance measures. | ||||||
| 19 | The Authority and Service Boards shall solicit input and | ||||||
| 20 | ideas on publishing data on the service reliability, | ||||||
| 21 | operations, and safety of the system from the public and | ||||||
| 22 | groups representing transit riders, workers, and businesses. | ||||||
| 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 | except that this limitation shall not apply to fiscal years | ||||||
| 4 | beginning on January 1, 2026, and ending on or before December | ||||||
| 5 | 31, 2027. "Administrative expenses" are defined for purposes | ||||||
| 6 | of this Section as all expenses except: (1) capital expenses | ||||||
| 7 | and purchases of the Authority on behalf of the Service | ||||||
| 8 | Boards; (2) payments to Service Boards; and (3) payment of | ||||||
| 9 | principal and interest on bonds, notes or other evidence of | ||||||
| 10 | obligation for borrowed money issued by the Authority; (4) | ||||||
| 11 | costs for passenger security including grants, contracts, | ||||||
| 12 | personnel, equipment and administrative expenses; (5) payments | ||||||
| 13 | with respect to public transportation facilities made pursuant | ||||||
| 14 | to subsection (b) of Section 2.20 of this Act; and (6) any | ||||||
| 15 | payments with respect to rate protection contracts, credit | ||||||
| 16 | enhancements or liquidity agreements made pursuant to Section | ||||||
| 17 | 4.14. | ||||||
| 18 | (d) This subsection becomes inoperative on January 1, | ||||||
| 19 | 2027. This subsection applies only until the Department begins | ||||||
| 20 | administering and enforcing an increased tax under Section | ||||||
| 21 | 4.03(m) as authorized by this amendatory Act of the 95th | ||||||
| 22 | General Assembly. After withholding 15% of the proceeds of any | ||||||
| 23 | tax imposed by the Authority and 15% of money received by the | ||||||
| 24 | Authority from the Northern Illinois Transit Authority | ||||||
| 25 | Occupation and Use Tax Replacement Fund, the Board shall | ||||||
| 26 | allocate the proceeds and money remaining to the Service | ||||||
| |||||||
| |||||||
| 1 | Boards as follows: (1) an amount equal to 85% of the proceeds | ||||||
| 2 | of those taxes collected within the City of Chicago and 85% of | ||||||
| 3 | the money received by the Authority on account of transfers to | ||||||
| 4 | the Northern Illinois Transit Authority Occupation and Use Tax | ||||||
| 5 | Replacement Fund from the County and Mass Transit District | ||||||
| 6 | Fund attributable to retail sales within the City of Chicago | ||||||
| 7 | shall be allocated to the Chicago Transit Authority; (2) an | ||||||
| 8 | amount equal to 85% of the proceeds of those taxes collected | ||||||
| 9 | within Cook County outside the City of Chicago and 85% of the | ||||||
| 10 | money received by the Authority on account of transfers to the | ||||||
| 11 | Northern Illinois Transit Authority Occupation and Use Tax | ||||||
| 12 | Replacement Fund from the County and Mass Transit District | ||||||
| 13 | Fund attributable to retail sales within Cook County outside | ||||||
| 14 | of the city of Chicago shall be allocated 30% to the Chicago | ||||||
| 15 | Transit Authority, 55% to the Commuter Rail Board and 15% to | ||||||
| 16 | the Suburban Bus Board; and (3) an amount equal to 85% of the | ||||||
| 17 | proceeds of the taxes collected within the Counties of DuPage, | ||||||
| 18 | Kane, Lake, McHenry and Will shall be allocated 70% to the | ||||||
| 19 | Commuter Rail Board and 30% to the Suburban Bus Board. | ||||||
| 20 | (e) This subsection becomes inoperative on January 1, | ||||||
| 21 | 2027. This subsection applies only until the Department begins | ||||||
| 22 | administering and enforcing an increased tax under Section | ||||||
| 23 | 4.03(m) as authorized by this amendatory Act of the 95th | ||||||
| 24 | General Assembly. Moneys received by the Authority on account | ||||||
| 25 | of transfers to the Northern Illinois Transit Authority | ||||||
| 26 | Occupation and Use Tax Replacement Fund from the State and | ||||||
| |||||||
| |||||||
| 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: | ||||||
| 18 | (1) propose for adoption by the Board of the Authority | ||||||
| 19 | rules for the Service Boards that establish (i) forms and | ||||||
| 20 | schedules to be used and information required to be | ||||||
| 21 | provided with respect to a 5-Year Capital Program, an | ||||||
| 22 | Annual Budget and 2-Year Financial Plan, and each Service | ||||||
| 23 | Board's annual budget and 2-year financial plan, and | ||||||
| 24 | regular reporting of actual results against adopted | ||||||
| 25 | budgets and financial plans, (ii) financial practices to | ||||||
| 26 | be followed in the budgeting and expenditure of public | ||||||
| |||||||
| |||||||
| 1 | funds, (iii) assumptions and projections that must be | ||||||
| 2 | followed in preparing and submitting its Annual Budget and | ||||||
| 3 | 2-Year Financial Plan or a 5-Year Capital Program; | ||||||
| 4 | (2) evaluate for the Board public transportation | ||||||
| 5 | programs operated or proposed by the Service Boards and | ||||||
| 6 | Transportation Agencies in terms of the goals and | ||||||
| 7 | objectives set out in the Strategic Plan; | ||||||
| 8 | (3) keep the Board and the public informed of the | ||||||
| 9 | extent to which the Service Boards and Transportation | ||||||
| 10 | Agencies are meeting the goals and objectives adopted by | ||||||
| 11 | the Authority in the Strategic Plan; and | ||||||
| 12 | (4) assess the efficiency or adequacy of public | ||||||
| 13 | transportation services provided by a Service Board and | ||||||
| 14 | make recommendations for change in that service to the end | ||||||
| 15 | that the moneys available to the Authority may be expended | ||||||
| 16 | in the most economical manner possible with the least | ||||||
| 17 | possible duplication. | ||||||
| 18 | (g) All Service Boards, Transportation Agencies, | ||||||
| 19 | comprehensive planning agencies, including the Chicago | ||||||
| 20 | Metropolitan Agency for Planning, or transportation planning | ||||||
| 21 | agencies in the metropolitan region shall furnish to the | ||||||
| 22 | Authority such information pertaining to public transportation | ||||||
| 23 | or relevant for plans therefor as it may from time to time | ||||||
| 24 | require. The Executive Director, or his or her designee, | ||||||
| 25 | shall, for the purpose of securing any such information | ||||||
| 26 | necessary or appropriate to carry out any of the powers and | ||||||
| |||||||
| |||||||
| 1 | responsibilities of the Authority under this Act, have access | ||||||
| 2 | to, and the right to examine, all books, documents, papers or | ||||||
| 3 | records of a Service Board or any Transportation Agency | ||||||
| 4 | receiving funds from the Authority or Service Board, and such | ||||||
| 5 | Service Board or Transportation Agency shall comply with any | ||||||
| 6 | request by the Executive Director, or his or her designee, | ||||||
| 7 | within 30 days or an extended time provided by the Executive | ||||||
| 8 | Director. | ||||||
| 9 | (h) No Service Board shall undertake any capital | ||||||
| 10 | improvement which is not identified in the 5-Year Capital | ||||||
| 11 | Program. | ||||||
| 12 | (i) Each Service Board shall furnish to the Board access | ||||||
| 13 | to its financial information including, but not limited to, | ||||||
| 14 | audits and reports. The Board shall have real-time access to | ||||||
| 15 | the financial information of the Service Boards; however, the | ||||||
| 16 | Board shall be granted read-only access to the Service Board's | ||||||
| 17 | financial information. | ||||||
| 18 | (j) Notwithstanding any other provision of this Section, | ||||||
| 19 | the Authority shall, through the implementation of service | ||||||
| 20 | efficiencies, realize $46,900,000 in the following net savings | ||||||
| 21 | in its annual budget for the fiscal year that begins on January | ||||||
| 22 | 1, 2027 across the following categories of savings October 1, | ||||||
| 23 | 2026: (i) $10 million in service-delivery savings; (ii) $20.1 | ||||||
| 24 | million in savings from labor optimization, including changes | ||||||
| 25 | in employee headcounts and position types; and (iii) $16.8 | ||||||
| 26 | million in real estate and other property-related savings. | ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 103-281, eff. 1-1-24; 104-434, eff. 11-21-25; | ||||||
| 2 | 104-457, eff. 6-1-26; revised 1-7-26.) | ||||||
| 3 | (70 ILCS 3615/4.01b) | ||||||
| 4 | (This Section may contain text from a Public Act with a | ||||||
| 5 | delayed effective date) | ||||||
| 6 | Sec. 4.01b. System generated revenue recovery ratios. | ||||||
| 7 | (a) As used in this Section: | ||||||
| 8 | "Costs" includes all items properly included as operating | ||||||
| 9 | costs consistent with generally accepted accounting principles | ||||||
| 10 | incurred by the Authority and its Service Boards. "Costs" does | ||||||
| 11 | not include costs related to providing ADA paratransit | ||||||
| 12 | service. | ||||||
| 13 | "System generated revenue" includes passenger fares and | ||||||
| 14 | ancillary revenue from sources such as the lease of space, | ||||||
| 15 | advertising, and investment income. | ||||||
| 16 | (b) The Authority shall determine the ratio of system | ||||||
| 17 | generated revenues for public transportation in the | ||||||
| 18 | metropolitan region compared to the aggregate of all costs of | ||||||
| 19 | providing public transportation. | ||||||
| 20 | (c) Until January 1, 2029, the Authority shall report its | ||||||
| 21 | system generated revenue recovery ratio as part of the | ||||||
| 22 | Authority's Annual Budget and 2-Year Financial Plan. | ||||||
| 23 | (1) The Annual Budget and 2-Year Financial Plan must | ||||||
| 24 | show that the system generated revenue received in each | ||||||
| 25 | fiscal year shall equal at least 25% of the costs of | ||||||
| |||||||
| |||||||
| 1 | providing public transportation in that fiscal year. The | ||||||
| 2 | Annual Budget and 2-Year Financial Plan must show that the | ||||||
| 3 | level of fares charged and received in each fiscal year | ||||||
| 4 | shall equal at least 5% of the aggregate of costs of | ||||||
| 5 | providing ADA paratransit services. | ||||||
| 6 | (2) The Authority shall file a statement certifying | ||||||
| 7 | that the Service Boards published the data described in | ||||||
| 8 | this Section with the General Assembly and the Governor | ||||||
| 9 | after adoption of the Annual Budget and 2-Year Financial | ||||||
| 10 | Plan. If the Authority fails to file a statement | ||||||
| 11 | certifying the system generated revenue recovery ratio as | ||||||
| 12 | required in this Section, then the appropriations to the | ||||||
| 13 | Department of Transportation for grants to the Authority | ||||||
| 14 | intended to reimburse the Service Boards for providing | ||||||
| 15 | free and reduced fares shall be withheld. | ||||||
| 16 | (3) If the system generated revenues are less than 25% | ||||||
| 17 | of said costs, then the Board shall remit an amount equal | ||||||
| 18 | to the amount of the deficit to the State. The Treasurer | ||||||
| 19 | shall deposit any payment made under this paragraph in the | ||||||
| 20 | Road Fund. However, due to the ongoing fiscal impact of | ||||||
| 21 | the COVID-19 pandemic this requirement shall not apply to | ||||||
| 22 | Fiscal Year 2026 or Fiscal Year 2027. | ||||||
| 23 | (d) Beginning January 1, 2029, the Authority shall report | ||||||
| 24 | its system generated revenue recovery ratio within 6 months of | ||||||
| 25 | the end of each fiscal year. If the Authority's system | ||||||
| 26 | generated revenue recovery ratio falls below 20% for 2 | ||||||
| |||||||
| |||||||
| 1 | consecutive years, then the Board of Directors shall: | ||||||
| 2 | (1) report this fact to the General Assembly and the | ||||||
| 3 | Governor and provide a summary of fare adjustments made | ||||||
| 4 | under Section 2.04; | ||||||
| 5 | (2) consider whether additional fare adjustments or | ||||||
| 6 | other changes are necessary to increase system generated | ||||||
| 7 | revenue, reduce costs, or both. | ||||||
| 8 | (e) Nothing in this Section shall diminish or impair the | ||||||
| 9 | rights of any employee employed by the Authority or any | ||||||
| 10 | Service Board or any organization of employees representing | ||||||
| 11 | employees of the Authority or any Service Board. | ||||||
| 12 | (f) The Authority shall separately calculate a system | ||||||
| 13 | generated revenue recovery ratio for ADA paratransit service. | ||||||
| 14 | The Authority shall report this ratio in its annual | ||||||
| 15 | certification under subsection (d) Section 2.02 and shall take | ||||||
| 16 | the actions required under subsection (c) of this Section if | ||||||
| 17 | the ADA paratransit service system generated recovery ratio | ||||||
| 18 | falls below 5% for 2 consecutive years. | ||||||
| 19 | (g) The Authority shall document the system generated | ||||||
| 20 | recovery ratio in the Authority's Annual Budget and 2-Year | ||||||
| 21 | Financial Plan. | ||||||
| 22 | (h) Upon the request of the House of Representatives or | ||||||
| 23 | the Senate, the Chair of the Board of the Authority, the chair | ||||||
| 24 | of the board of a Service Board, or any other employee of the | ||||||
| 25 | Authority or Service Board requested by the House of | ||||||
| 26 | Representatives or Senate shall attend a hearing before the | ||||||
| |||||||
| |||||||
| 1 | House of Representatives or Senate regarding the reported | ||||||
| 2 | system generated revenue recovery ratios. | ||||||
| 3 | (Source: P.A. 104-457, eff. 6-1-26.) | ||||||
| 4 | (70 ILCS 3615/4.03) (from Ch. 111 2/3, par. 704.03) | ||||||
| 5 | Sec. 4.03. Taxes. | ||||||
| 6 | (a) Except as provided in subsection (m), in order to | ||||||
| 7 | carry out any of the powers or purposes of the Authority, the | ||||||
| 8 | Board may, by ordinance approved by a supermajority vote, | ||||||
| 9 | impose throughout the metropolitan region any or all of the | ||||||
| 10 | taxes provided in this Section. Except as otherwise provided | ||||||
| 11 | in this Act, taxes imposed under this Section and civil | ||||||
| 12 | penalties imposed incident thereto shall be collected and | ||||||
| 13 | enforced by the Department of Revenue. The Department shall | ||||||
| 14 | have the power to administer and enforce the taxes and to | ||||||
| 15 | determine all rights for refunds for erroneous payments of the | ||||||
| 16 | taxes. Nothing in Public Act 95-708 is intended to invalidate | ||||||
| 17 | any taxes currently imposed by the Authority. The increased | ||||||
| 18 | vote requirements to impose a tax shall only apply to actions | ||||||
| 19 | taken after January 1, 2008 (the effective date of Public Act | ||||||
| 20 | 95-708). | ||||||
| 21 | (b) The Board may impose a public transportation tax upon | ||||||
| 22 | all persons engaged in the metropolitan region in the business | ||||||
| 23 | of selling at retail motor fuel for operation of motor | ||||||
| 24 | vehicles upon public highways. The tax shall be at a rate not | ||||||
| 25 | to exceed 5% of the gross receipts from the sales of motor fuel | ||||||
| |||||||
| |||||||
| 1 | in the course of the business. As used in this Act, the term | ||||||
| 2 | "motor fuel" shall have the same meaning as in the Motor Fuel | ||||||
| 3 | Tax Law. The Board may provide for details of the tax. The | ||||||
| 4 | provisions of any tax shall conform, as closely as may be | ||||||
| 5 | practicable, to the provisions of the Municipal Retailers | ||||||
| 6 | Occupation Tax Act, including, without limitation, conformity | ||||||
| 7 | to penalties with respect to the tax imposed and as to the | ||||||
| 8 | powers of the Department of Revenue to promulgate and enforce | ||||||
| 9 | rules and regulations relating to the administration and | ||||||
| 10 | enforcement of the provisions of the tax imposed, except that | ||||||
| 11 | reference in the Act to any municipality shall refer to the | ||||||
| 12 | Authority and the tax shall be imposed only with regard to | ||||||
| 13 | receipts from sales of motor fuel in the metropolitan region, | ||||||
| 14 | at rates as limited by this Section. | ||||||
| 15 | (c) In connection with the tax imposed under paragraph (b) | ||||||
| 16 | of this Section, the Board may impose a tax upon the privilege | ||||||
| 17 | of using in the metropolitan region motor fuel for the | ||||||
| 18 | operation of a motor vehicle upon public highways, the tax to | ||||||
| 19 | be at a rate not in excess of the rate of tax imposed under | ||||||
| 20 | paragraph (b) of this Section. The Board may provide for | ||||||
| 21 | details of the tax. | ||||||
| 22 | (d) The Board may impose a motor vehicle parking tax upon | ||||||
| 23 | the privilege of parking motor vehicles at off-street parking | ||||||
| 24 | facilities in the metropolitan region at which a fee is | ||||||
| 25 | charged, and may provide for reasonable classifications in and | ||||||
| 26 | exemptions to the tax, for administration and enforcement | ||||||
| |||||||
| |||||||
| 1 | thereof and for civil penalties and refunds thereunder and may | ||||||
| 2 | provide criminal penalties thereunder, the maximum penalties | ||||||
| 3 | not to exceed the maximum criminal penalties provided in the | ||||||
| 4 | Retailers' Occupation Tax Act. The Authority may collect and | ||||||
| 5 | enforce the tax itself or by contract with any unit of local | ||||||
| 6 | government. The Department of Revenue shall have no | ||||||
| 7 | responsibility for the collection and enforcement unless the | ||||||
| 8 | Department agrees with the Authority to undertake the | ||||||
| 9 | collection and enforcement. As used in this paragraph, the | ||||||
| 10 | term "parking facility" means a parking area or structure | ||||||
| 11 | having parking spaces for more than 2 vehicles at which motor | ||||||
| 12 | vehicles are permitted to park in return for an hourly, daily, | ||||||
| 13 | or other periodic fee, whether publicly or privately owned, | ||||||
| 14 | but does not include parking spaces on a public street, the use | ||||||
| 15 | of which is regulated by parking meters. | ||||||
| 16 | (e) The Board may impose a Northern Illinois Transit | ||||||
| 17 | Authority Retailers' Occupation Tax upon all persons engaged | ||||||
| 18 | in the business of selling tangible personal property at | ||||||
| 19 | retail in the metropolitan region. In Cook County, unless the | ||||||
| 20 | tax rate is increased by the Board by ordinance, as provided in | ||||||
| 21 | this Section, the tax rate shall be 1.25% of the gross receipts | ||||||
| 22 | from sales of food for human consumption that is to be consumed | ||||||
| 23 | off the premises where it is sold (other than alcoholic | ||||||
| 24 | beverages, food consisting of or infused with adult use | ||||||
| 25 | cannabis, soft drinks, candy, and food that has been prepared | ||||||
| 26 | for immediate consumption) and tangible personal property | ||||||
| |||||||
| |||||||
| 1 | taxed at the 1% rate under the Retailers' Occupation Tax Act, | ||||||
| 2 | and 1% of the gross receipts from other taxable sales made in | ||||||
| 3 | the course of that business. In Cook County, on and after the | ||||||
| 4 | effective date of this amendatory Act of the 104th General | ||||||
| 5 | Assembly, the Board may, by ordinance, increase the tax rate | ||||||
| 6 | to not more than 1.5% of the gross receipts from sales of food | ||||||
| 7 | for human consumption that is to be consumed off the premises | ||||||
| 8 | where it is sold (other than alcoholic beverages, food | ||||||
| 9 | consisting of or infused with adult use cannabis, soft drinks, | ||||||
| 10 | candy, and food that has been prepared for immediate | ||||||
| 11 | consumption) and tangible personal property taxed at the 1% | ||||||
| 12 | rate under the Retailers' Occupation Tax Act, and 1.25% of the | ||||||
| 13 | gross receipts from other taxable sales made in the course of | ||||||
| 14 | that business. The Board shall take such a vote on whether to | ||||||
| 15 | increase the tax rate no later than 60 days after the effective | ||||||
| 16 | date of this Act. In DuPage, Kane, Lake, McHenry, and Will | ||||||
| 17 | counties, unless the tax rate is increased by the Board by an | ||||||
| 18 | ordinance as approved by this Section, the tax rate shall be | ||||||
| 19 | 0.75% of the gross receipts from all taxable sales made in the | ||||||
| 20 | course of that business, including sales of food for human | ||||||
| 21 | consumption that is to be consumed off the premises where it is | ||||||
| 22 | sold (other than alcoholic beverages, food consisting of or | ||||||
| 23 | infused with adult use cannabis, soft drinks, candy, and food | ||||||
| 24 | that has been prepared for immediate consumption). In DuPage, | ||||||
| 25 | Kane, Lake, McHenry, and Will counties, on and after the | ||||||
| 26 | effective date of this amendatory Act of the 104th General | ||||||
| |||||||
| |||||||
| 1 | Assembly, the Board may, by ordinance, increase the tax rate | ||||||
| 2 | to not more than 1% of the gross receipts from all taxable | ||||||
| 3 | sales made in the course of that business, including sales of | ||||||
| 4 | food for human consumption that is to be consumed off the | ||||||
| 5 | premises where it is sold (other than alcoholic beverages, | ||||||
| 6 | food consisting of or infused with adult use cannabis, soft | ||||||
| 7 | drinks, candy, and food that has been prepared for immediate | ||||||
| 8 | consumption). The rate of tax imposed in DuPage, Kane, Lake, | ||||||
| 9 | McHenry, and Will counties under this Section on sales of | ||||||
| 10 | aviation fuel on or after December 1, 2019 shall, however, be | ||||||
| 11 | 0.25% unless the Authority in DuPage, Kane, Lake, McHenry, and | ||||||
| 12 | Will counties has an "airport-related purpose" and the | ||||||
| 13 | additional 0.50% of the 0.75% tax (or 0.75% of 1% tax if the | ||||||
| 14 | tax rate is increased by the Board to 1%) on aviation fuel is | ||||||
| 15 | expended for airport-related purposes. If there is no | ||||||
| 16 | airport-related purpose to which aviation fuel tax revenue is | ||||||
| 17 | dedicated, then aviation fuel is excluded from the additional | ||||||
| 18 | tax. The tax imposed under this Section and all civil | ||||||
| 19 | penalties that may be assessed as an incident thereof shall be | ||||||
| 20 | collected and enforced by the Department of Revenue. The | ||||||
| 21 | Department shall have full power to administer and enforce | ||||||
| 22 | this Section; to collect all taxes and penalties so collected | ||||||
| 23 | in the manner hereinafter provided; and to determine all | ||||||
| 24 | rights to credit memoranda arising on account of the erroneous | ||||||
| 25 | payment of tax or penalty hereunder. In the administration of, | ||||||
| 26 | and compliance with this Section, the Department and persons | ||||||
| |||||||
| |||||||
| 1 | who are subject to this Section shall have the same rights, | ||||||
| 2 | remedies, privileges, immunities, powers, and duties, and be | ||||||
| 3 | subject to the same conditions, restrictions, limitations, | ||||||
| 4 | penalties, exclusions, exemptions, and definitions of terms, | ||||||
| 5 | and employ the same modes of procedure, as are prescribed in | ||||||
| 6 | Sections 1, 1a, 1a-1, 1c, 1d, 1e, 1f, 1i, 1j, 2 through 2-65 | ||||||
| 7 | (in respect to all provisions therein other than the State | ||||||
| 8 | rate of tax and other than the exemption for food for human | ||||||
| 9 | consumption that is to be consumed off the premises where it is | ||||||
| 10 | sold (other than alcoholic beverages, food consisting of or | ||||||
| 11 | infused with adult use cannabis, soft drinks, candy, and food | ||||||
| 12 | that has been prepared for immediate consumption), which is | ||||||
| 13 | taxed at the rate as provided in this subsection), 2c, 3 | ||||||
| 14 | (except as to the disposition of taxes and penalties | ||||||
| 15 | collected, and except that the retailer's discount is not | ||||||
| 16 | allowed for taxes paid on aviation fuel that are subject to the | ||||||
| 17 | revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. | ||||||
| 18 | 47133), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, | ||||||
| 19 | 6, 6a, 6b, 6c, 6d, 7, 8, 9, 10, 11, 12, and 13 of the | ||||||
| 20 | Retailers' Occupation Tax Act and Section 3-7 of the Uniform | ||||||
| 21 | Penalty and Interest Act, as fully as if those provisions were | ||||||
| 22 | set forth herein. | ||||||
| 23 | The Board and DuPage, Kane, Lake, McHenry, and Will | ||||||
| 24 | counties must comply with the certification requirements for | ||||||
| 25 | airport-related purposes under Section 2-22 of the Retailers' | ||||||
| 26 | Occupation Tax Act. For purposes of this Section, | ||||||
| |||||||
| |||||||
| 1 | "airport-related purposes" has the meaning ascribed in Section | ||||||
| 2 | 6z-20.2 of the State Finance Act. This exclusion for aviation | ||||||
| 3 | fuel only applies for so long as the revenue use requirements | ||||||
| 4 | of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the | ||||||
| 5 | Authority. | ||||||
| 6 | Persons subject to any tax imposed under the authority | ||||||
| 7 | granted in this Section may reimburse themselves for their | ||||||
| 8 | seller's tax liability hereunder by separately stating the tax | ||||||
| 9 | as an additional charge, which charge may be stated in | ||||||
| 10 | combination in a single amount with State taxes that sellers | ||||||
| 11 | are required to collect under the Use Tax Act, under any | ||||||
| 12 | bracket schedules the Department may prescribe. | ||||||
| 13 | Whenever the Department determines that a refund should be | ||||||
| 14 | made under this Section to a claimant instead of issuing a | ||||||
| 15 | credit memorandum, the Department shall notify the State | ||||||
| 16 | Comptroller, who shall cause the warrant to be drawn for the | ||||||
| 17 | amount specified, and to the person named, in the notification | ||||||
| 18 | from the Department. The refund shall be paid by the State | ||||||
| 19 | Treasurer out of the Northern Illinois Transit Authority tax | ||||||
| 20 | fund established under paragraph (n) of this Section or the | ||||||
| 21 | Local Government Aviation Trust Fund, as appropriate. | ||||||
| 22 | If a tax is imposed under this subsection (e), a tax shall | ||||||
| 23 | also be imposed under subsections (f) and (g) of this Section. | ||||||
| 24 | For the purpose of determining whether a tax authorized | ||||||
| 25 | under this Section is applicable, a retail sale by a producer | ||||||
| 26 | of coal or other mineral mined in Illinois, is a sale at retail | ||||||
| |||||||
| |||||||
| 1 | at the place where the coal or other mineral mined in Illinois | ||||||
| 2 | is extracted from the earth. This paragraph does not apply to | ||||||
| 3 | coal or other mineral when it is delivered or shipped by the | ||||||
| 4 | seller to the purchaser at a point outside Illinois so that the | ||||||
| 5 | sale is exempt under the Federal Constitution as a sale in | ||||||
| 6 | interstate or foreign commerce. | ||||||
| 7 | No tax shall be imposed or collected under this subsection | ||||||
| 8 | on the sale of a motor vehicle in this State to a resident of | ||||||
| 9 | another state if that motor vehicle will not be titled in this | ||||||
| 10 | State. | ||||||
| 11 | Nothing in this Section 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 this State. | ||||||
| 15 | (f) If a tax has been imposed under paragraph (e), a | ||||||
| 16 | Northern Illinois Transit Authority Service Occupation Tax | ||||||
| 17 | shall also be imposed upon all persons engaged in the | ||||||
| 18 | metropolitan region in the business of making sales of service | ||||||
| 19 | who, as an incident to making the sales of service, transfer | ||||||
| 20 | tangible personal property within the metropolitan region, | ||||||
| 21 | either in the form of tangible personal property or in the form | ||||||
| 22 | of real estate as an incident to a sale of service. In Cook | ||||||
| 23 | County, unless the tax rate is increased by the Board by | ||||||
| 24 | ordinance, as provided in this Section, the tax rate shall be: | ||||||
| 25 | (1) 1.25% of the serviceman's cost price of food prepared for | ||||||
| 26 | immediate consumption and transferred incident to a sale of | ||||||
| |||||||
| |||||||
| 1 | service subject to the service occupation tax by an entity | ||||||
| 2 | that is located in the metropolitan region and that is | ||||||
| 3 | licensed under the Hospital Licensing Act, the Nursing Home | ||||||
| 4 | Care Act, the Assisted Living and Shared Housing Act, the | ||||||
| 5 | Specialized Mental Health Rehabilitation Act of 2013, the | ||||||
| 6 | ID/DD Community Care Act, the MC/DD Act, or the Child Care Act | ||||||
| 7 | of 1969, or an entity that holds a permit issued pursuant to | ||||||
| 8 | the Life Care Facilities Act; (2) 1.25% of the selling price of | ||||||
| 9 | food for human consumption that is to be consumed off the | ||||||
| 10 | premises where it is sold (other than alcoholic beverages, | ||||||
| 11 | food consisting of or infused with adult use cannabis, soft | ||||||
| 12 | drinks, candy, and food that has been prepared for immediate | ||||||
| 13 | consumption) and tangible personal property taxed at the 1% | ||||||
| 14 | rate under the Service Occupation Tax Act; and (3) 1% of the | ||||||
| 15 | selling price from other taxable sales of tangible personal | ||||||
| 16 | property transferred. In Cook County, on and after the | ||||||
| 17 | effective date of this amendatory Act of the 104th General | ||||||
| 18 | Assembly, the Board may, by ordinance, increase the tax rate | ||||||
| 19 | to not more than: (1) 1.5% of the serviceman's cost price of | ||||||
| 20 | food prepared for immediate consumption and transferred | ||||||
| 21 | incident to a sale of service subject to the service | ||||||
| 22 | occupation tax by an entity that is located in the | ||||||
| 23 | metropolitan region and that is licensed under the Hospital | ||||||
| 24 | Licensing Act, the Nursing Home Care Act, the Assisted Living | ||||||
| 25 | and Shared Housing Act, the Specialized Mental Health | ||||||
| 26 | Rehabilitation Act of 2013, the ID/DD Community Care Act, the | ||||||
| |||||||
| |||||||
| 1 | MC/DD Act, or the Child Care Act of 1969, or an entity that | ||||||
| 2 | holds a permit issued pursuant to the Life Care Facilities | ||||||
| 3 | Act; (2) 1.5% of the selling price of food for human | ||||||
| 4 | consumption that is to be consumed off the premises where it is | ||||||
| 5 | sold (other than alcoholic beverages, food consisting of or | ||||||
| 6 | infused with adult use cannabis, soft drinks, candy, and food | ||||||
| 7 | that has been prepared for immediate consumption) and tangible | ||||||
| 8 | personal property taxed at the 1% rate under the Service | ||||||
| 9 | Occupation Tax Act; and (3) 1.25% of the selling price from | ||||||
| 10 | other taxable sales of tangible personal property transferred. | ||||||
| 11 | In DuPage, Kane, Lake, McHenry, and Will counties, before the | ||||||
| 12 | effective date of this amendatory Act of the 104th General | ||||||
| 13 | Assembly, the rate shall be (1) 0.75% of the selling price of | ||||||
| 14 | all tangible personal property transferred, including food for | ||||||
| 15 | human consumption that is to be consumed off the premises | ||||||
| 16 | where it is sold (other than alcoholic beverages, food | ||||||
| 17 | consisting of or infused with adult use cannabis, soft drinks, | ||||||
| 18 | candy, and food that has been prepared for immediate | ||||||
| 19 | consumption); and (2) 0.75% of the serviceman's cost price of | ||||||
| 20 | food prepared for immediate consumption and transferred | ||||||
| 21 | incident to a sale of service subject to the service | ||||||
| 22 | occupation tax by an entity that is located in the | ||||||
| 23 | metropolitan region and that is licensed under the Hospital | ||||||
| 24 | Licensing Act, the Nursing Home Care Act, the Assisted Living | ||||||
| 25 | and Shared Housing Act, the Specialized Mental Health | ||||||
| 26 | Rehabilitation Act of 2013, the ID/DD Community Care Act, or | ||||||
| |||||||
| |||||||
| 1 | the MC/DD Act, or the Child Care Act of 1969, or an entity that | ||||||
| 2 | holds a permit issued pursuant to the Life Care Facilities | ||||||
| 3 | Act. In DuPage, Kane, Lake, McHenry, and Will counties, on and | ||||||
| 4 | after the effective date of this amendatory Act of the 104th | ||||||
| 5 | General Assembly, the Board may, by ordinance, increase the | ||||||
| 6 | tax rate to not more than 1% of the selling price of all | ||||||
| 7 | tangible personal property transferred. The rate of tax | ||||||
| 8 | imposed in DuPage, Kane, Lake, McHenry, and Will counties | ||||||
| 9 | under this Section on sales of aviation fuel on or after | ||||||
| 10 | December 1, 2019 shall, however, be 0.25% unless the Authority | ||||||
| 11 | in DuPage, Kane, Lake, McHenry, and Will counties has an | ||||||
| 12 | "airport-related purpose" and the additional 0.50% of the | ||||||
| 13 | 0.75% (or 0.75% of 1% tax if the tax rate is increased by the | ||||||
| 14 | Board to 1%) tax on aviation fuel is expended for | ||||||
| 15 | airport-related purposes. If there is no airport-related | ||||||
| 16 | purpose to which aviation fuel tax revenue is dedicated, then | ||||||
| 17 | aviation fuel is excluded from the additional tax. | ||||||
| 18 | The Board and DuPage, Kane, Lake, McHenry, and Will | ||||||
| 19 | counties must comply with the certification requirements for | ||||||
| 20 | airport-related purposes under Section 2-22 of the Retailers' | ||||||
| 21 | Occupation Tax Act. For purposes of this Section, | ||||||
| 22 | "airport-related purposes" has the meaning ascribed in Section | ||||||
| 23 | 6z-20.2 of the State Finance Act. This exclusion for aviation | ||||||
| 24 | fuel only applies for so long as the revenue use requirements | ||||||
| 25 | of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the | ||||||
| 26 | Authority. | ||||||
| |||||||
| |||||||
| 1 | The tax imposed under this paragraph and all civil | ||||||
| 2 | penalties that may be assessed as an incident thereof shall be | ||||||
| 3 | collected and enforced by the Department of Revenue. The | ||||||
| 4 | Department shall have full power to administer and enforce | ||||||
| 5 | this paragraph; to collect all taxes and penalties due | ||||||
| 6 | hereunder; to dispose of taxes and penalties collected in the | ||||||
| 7 | manner hereinafter provided; and to determine all rights to | ||||||
| 8 | credit memoranda arising on account of the erroneous payment | ||||||
| 9 | of tax or penalty hereunder. In the administration of and | ||||||
| 10 | compliance with this paragraph, the Department and persons who | ||||||
| 11 | are subject to this paragraph shall have the same rights, | ||||||
| 12 | remedies, privileges, immunities, powers, and duties, and be | ||||||
| 13 | subject to the same conditions, restrictions, limitations, | ||||||
| 14 | penalties, exclusions, exemptions, and definitions of terms, | ||||||
| 15 | and employ the same modes of procedure, as are prescribed in | ||||||
| 16 | Sections 1a-1, 2, 2a, 3 through 3-50 (in respect to all | ||||||
| 17 | provisions therein other than (i) the State rate of tax; (ii) | ||||||
| 18 | the exemption for food for human consumption that is to be | ||||||
| 19 | consumed off the premises where it is sold (other than | ||||||
| 20 | alcoholic beverages, food consisting of or infused with adult | ||||||
| 21 | use cannabis, soft drinks, candy, and food that has been | ||||||
| 22 | prepared for immediate consumption), which is taxed at the | ||||||
| 23 | rate as provided in this subsection; and (iii) the exemption | ||||||
| 24 | for food prepared for immediate consumption and transferred | ||||||
| 25 | incident to a sale of service subject to the service | ||||||
| 26 | occupation tax by an entity that is licensed under the | ||||||
| |||||||
| |||||||
| 1 | Hospital Licensing Act, the Nursing Home Care Act, the | ||||||
| 2 | Assisted Living and Shared Housing Act, the Specialized Mental | ||||||
| 3 | Health Rehabilitation Act of 2013, the ID/DD Community Care | ||||||
| 4 | Act, or the MC/DD Act, or the Child Care Act of 1969, or an | ||||||
| 5 | entity that holds a permit issued pursuant to the Life Care | ||||||
| 6 | Facilities Act, which is taxed at the rate as provided in this | ||||||
| 7 | subsection), 4 (except that the reference to the State shall | ||||||
| 8 | be to the Authority), 5, 7, 8 (except that the jurisdiction to | ||||||
| 9 | which the tax shall be a debt to the extent indicated in that | ||||||
| 10 | Section 8 shall be the Authority), 9 (except as to the | ||||||
| 11 | disposition of taxes and penalties collected, and except that | ||||||
| 12 | the returned merchandise credit for this tax may not be taken | ||||||
| 13 | against any State tax, and except that the retailer's discount | ||||||
| 14 | is not allowed for taxes paid on aviation fuel that are subject | ||||||
| 15 | to the revenue use requirements of 49 U.S.C. 47107(b) and 49 | ||||||
| 16 | U.S.C. 47133), 10, 11, 12 (except the reference therein to | ||||||
| 17 | Section 2b of the Retailers' Occupation Tax Act), 13 (except | ||||||
| 18 | that any reference to the State shall mean the Authority), the | ||||||
| 19 | first paragraph of Section 15, 16, 17, 18, 19, and 20 of the | ||||||
| 20 | Service Occupation Tax Act and Section 3-7 of the Uniform | ||||||
| 21 | Penalty and Interest Act, as fully as if those provisions were | ||||||
| 22 | set forth herein. | ||||||
| 23 | Persons subject to any tax imposed under the authority | ||||||
| 24 | granted in this paragraph may reimburse themselves for their | ||||||
| 25 | serviceman's tax liability hereunder by separately stating the | ||||||
| 26 | tax as an additional charge, that charge may be stated in | ||||||
| |||||||
| |||||||
| 1 | combination in a single amount with State tax that servicemen | ||||||
| 2 | are authorized to collect under the Service Use Tax Act, under | ||||||
| 3 | any bracket schedules the Department may prescribe. | ||||||
| 4 | Whenever the Department of Revenue determines that a | ||||||
| 5 | refund should be made under this paragraph to a claimant | ||||||
| 6 | instead of issuing a credit memorandum, the Department of | ||||||
| 7 | Revenue shall notify the State Comptroller, who shall cause | ||||||
| 8 | the warrant to be drawn for the amount specified, and to the | ||||||
| 9 | person named in the notification from the Department of | ||||||
| 10 | Revenue. The refund shall be paid by the State Treasurer out of | ||||||
| 11 | the Northern Illinois Transit Authority tax fund established | ||||||
| 12 | under paragraph (n) of this Section or the Local Government | ||||||
| 13 | Aviation Trust Fund, as appropriate. | ||||||
| 14 | Nothing in this paragraph shall be construed to authorize | ||||||
| 15 | the Authority to impose a tax upon the privilege of engaging in | ||||||
| 16 | any business that under the Constitution of the United States | ||||||
| 17 | may not be made the subject of taxation by the State. | ||||||
| 18 | (g) If a tax has been imposed under paragraph (e), a tax | ||||||
| 19 | shall also be imposed upon the privilege of using in the | ||||||
| 20 | metropolitan region, any item of tangible personal property | ||||||
| 21 | that is purchased outside the metropolitan region at retail | ||||||
| 22 | from a retailer, and that is titled or registered with an | ||||||
| 23 | agency of this State's government. In Cook County, unless the | ||||||
| 24 | tax rate is increased by the Board by ordinance, as provided in | ||||||
| 25 | this Section, the tax rate shall be 1% of the selling price of | ||||||
| 26 | the tangible personal property, as "selling price" is defined | ||||||
| |||||||
| |||||||
| 1 | in the Use Tax Act. In Cook County, on and after the effective | ||||||
| 2 | date of this amendatory Act of the 104th General Assembly, the | ||||||
| 3 | Board may, by ordinance, increase the tax rate to not more than | ||||||
| 4 | 1.25% of the selling price of the tangible personal property, | ||||||
| 5 | as "selling price" is defined in the Use Tax Act. In DuPage, | ||||||
| 6 | Kane, Lake, McHenry, and Will counties, before the effective | ||||||
| 7 | date of this amendatory Act of the 104th General Assembly, the | ||||||
| 8 | tax rate shall be 0.75% of the selling price of the tangible | ||||||
| 9 | personal property, as "selling price" is defined in the Use | ||||||
| 10 | Tax Act. In DuPage, Kane, Lake, McHenry, and Will counties, on | ||||||
| 11 | and after the effective date of this amendatory Act of the | ||||||
| 12 | 104th General Assembly, the Board may, by ordinance, increase | ||||||
| 13 | the tax rate to not more than 1% of the selling price of the | ||||||
| 14 | tangible personal property, as "selling price" is defined in | ||||||
| 15 | the Use Tax Act. The tax shall be collected from persons whose | ||||||
| 16 | Illinois address for titling or registration purposes is given | ||||||
| 17 | as being in the metropolitan region. The tax shall be | ||||||
| 18 | collected by the Department of Revenue for the Authority. The | ||||||
| 19 | tax must be paid to the State, or an exemption determination | ||||||
| 20 | must be obtained from the Department of Revenue, before the | ||||||
| 21 | title or certificate of registration for the property may be | ||||||
| 22 | issued. The tax or proof of exemption may be transmitted to the | ||||||
| 23 | Department by way of the State agency with which, or the State | ||||||
| 24 | officer with whom, the tangible personal property must be | ||||||
| 25 | titled or registered if the Department and the State agency or | ||||||
| 26 | State officer determine that this procedure will expedite the | ||||||
| |||||||
| |||||||
| 1 | processing of applications for title or registration. | ||||||
| 2 | The Department shall have full power to administer and | ||||||
| 3 | enforce this paragraph; to collect all taxes, penalties, and | ||||||
| 4 | interest due hereunder; to dispose of taxes, penalties, and | ||||||
| 5 | interest collected in the manner hereinafter provided; and to | ||||||
| 6 | determine all rights to credit memoranda or refunds arising on | ||||||
| 7 | account of the erroneous payment of tax, penalty, or interest | ||||||
| 8 | hereunder. In the administration of and compliance with this | ||||||
| 9 | paragraph, the Department and persons who are subject to this | ||||||
| 10 | paragraph shall have the same rights, remedies, privileges, | ||||||
| 11 | immunities, powers, and duties, and be subject to the same | ||||||
| 12 | conditions, restrictions, limitations, penalties, exclusions, | ||||||
| 13 | exemptions, and definitions of terms and employ the same modes | ||||||
| 14 | of procedure, as are prescribed in Sections 2 (except the | ||||||
| 15 | definition of "retailer maintaining a place of business in | ||||||
| 16 | this State"), 3 through 3-80 (except provisions pertaining to | ||||||
| 17 | the State rate of tax, and except provisions concerning | ||||||
| 18 | collection or refunding of the tax by retailers), 4, 11, 12, | ||||||
| 19 | 12a, 14, 15, 19 (except the portions pertaining to claims by | ||||||
| 20 | retailers and except the last paragraph concerning refunds), | ||||||
| 21 | 20, 21, and 22 of the Use Tax Act, and are not inconsistent | ||||||
| 22 | with this paragraph, as fully as if those provisions were set | ||||||
| 23 | forth herein. | ||||||
| 24 | Whenever the Department determines that a refund should be | ||||||
| 25 | made under this paragraph to a claimant instead of issuing a | ||||||
| 26 | credit memorandum, the Department shall notify the State | ||||||
| |||||||
| |||||||
| 1 | Comptroller, who shall cause the order to be drawn for the | ||||||
| 2 | amount specified, and to the person named in the notification | ||||||
| 3 | from the Department. The refund shall be paid by the State | ||||||
| 4 | Treasurer out of the Northern Illinois Transit Authority tax | ||||||
| 5 | fund established under paragraph (n) of this Section. | ||||||
| 6 | (g-5) If, on January 1, 2025, a unit of local government | ||||||
| 7 | has in effect a tax under subsections (e), (f), and (g), or if, | ||||||
| 8 | after January 1, 2025, a unit of local government imposes a tax | ||||||
| 9 | under subsections (e), (f), and (g), then that tax applies to | ||||||
| 10 | leases of tangible personal property in effect, entered into, | ||||||
| 11 | or renewed on or after that date in the same manner as the tax | ||||||
| 12 | under this Section and in accordance with the changes made by | ||||||
| 13 | Public Act 103-592. | ||||||
| 14 | (h) The Authority may impose a replacement vehicle tax of | ||||||
| 15 | $50 on any passenger car as defined in Section 1-157 of the | ||||||
| 16 | Illinois Vehicle Code purchased within the metropolitan region | ||||||
| 17 | by or on behalf of an insurance company to replace a passenger | ||||||
| 18 | car of an insured person in settlement of a total loss claim. | ||||||
| 19 | The tax imposed may not become effective before the first day | ||||||
| 20 | of the month following the passage of the ordinance imposing | ||||||
| 21 | the tax and receipt of a certified copy of the ordinance by the | ||||||
| 22 | Department of Revenue. The Department of Revenue shall collect | ||||||
| 23 | the tax for the Authority in accordance with Sections 3-2002 | ||||||
| 24 | and 3-2003 of the Illinois Vehicle Code. | ||||||
| 25 | The Department shall immediately pay over to the State | ||||||
| 26 | Treasurer, ex officio, as trustee, all taxes collected | ||||||
| |||||||
| |||||||
| 1 | hereunder. | ||||||
| 2 | As soon as possible after the first day of each month, | ||||||
| 3 | beginning January 1, 2011, upon certification of the | ||||||
| 4 | Department of Revenue, the Comptroller shall order | ||||||
| 5 | transferred, and the Treasurer shall transfer, to the STAR | ||||||
| 6 | Bonds Revenue Fund the local sales tax increment, as defined | ||||||
| 7 | in the Innovation Development and Economy Act, collected under | ||||||
| 8 | this Section during the second preceding calendar month for | ||||||
| 9 | sales within a STAR bond district. | ||||||
| 10 | After the monthly transfer to the STAR Bonds Revenue Fund, | ||||||
| 11 | on or before the 25th day of each calendar month, the | ||||||
| 12 | Department shall prepare and certify to the Comptroller the | ||||||
| 13 | disbursement of stated sums of money to the Authority. The | ||||||
| 14 | amount to be paid to the Authority shall be the amount | ||||||
| 15 | collected hereunder during the second preceding calendar month | ||||||
| 16 | by the Department, less any amount determined by the | ||||||
| 17 | Department to be necessary for the payment of refunds, and | ||||||
| 18 | less any amounts that are transferred to the STAR Bonds | ||||||
| 19 | Revenue Fund. Within 10 days after receipt by the Comptroller | ||||||
| 20 | of the disbursement certification to the Authority provided | ||||||
| 21 | for in this Section to be given to the Comptroller by the | ||||||
| 22 | Department, the Comptroller shall cause the orders to be drawn | ||||||
| 23 | for that amount in accordance with the directions contained in | ||||||
| 24 | the certification. | ||||||
| 25 | (i) The Board may not impose any other taxes except as it | ||||||
| 26 | may from time to time be authorized by law to impose. | ||||||
| |||||||
| |||||||
| 1 | (j) A certificate of registration issued by the Department | ||||||
| 2 | of Revenue to a retailer under the Retailers' Occupation Tax | ||||||
| 3 | Act or under the Service Occupation Tax Act shall permit the | ||||||
| 4 | registrant to engage in a business that is taxed under the tax | ||||||
| 5 | imposed under paragraphs (b), (e), (f) or (g) of this Section | ||||||
| 6 | and no additional registration shall be required under the | ||||||
| 7 | tax. A certificate issued under the Use Tax Act or the Service | ||||||
| 8 | Use Tax Act shall be applicable with regard to any tax imposed | ||||||
| 9 | under paragraph (c) of this Section. | ||||||
| 10 | (k) The provisions of any tax imposed under paragraph (c) | ||||||
| 11 | of this Section shall conform as closely as may be practicable | ||||||
| 12 | to the provisions of the Use Tax Act, including, without | ||||||
| 13 | limitation, conformity as to penalties with respect to the tax | ||||||
| 14 | imposed and as to the powers of the Department of Revenue to | ||||||
| 15 | promulgate and enforce rules and regulations relating to the | ||||||
| 16 | administration and enforcement of the provisions of the tax | ||||||
| 17 | imposed. The taxes shall be imposed only on use within the | ||||||
| 18 | metropolitan region and at rates as provided in the paragraph. | ||||||
| 19 | (l) The Board in imposing any tax as provided in | ||||||
| 20 | paragraphs (b) and (c) of this Section, shall, after seeking | ||||||
| 21 | the advice of the Department of Revenue, provide means for | ||||||
| 22 | retailers, users or purchasers of motor fuel for purposes | ||||||
| 23 | other than those with regard to which the taxes may be imposed | ||||||
| 24 | as provided in those paragraphs to receive refunds of taxes | ||||||
| 25 | improperly paid, which provisions may be at variance with the | ||||||
| 26 | refund provisions as applicable under the Municipal Retailers | ||||||
| |||||||
| |||||||
| 1 | Occupation Tax Act. The Department of Revenue may provide for | ||||||
| 2 | certificates of registration for users or purchasers of motor | ||||||
| 3 | fuel for purposes other than those with regard to which taxes | ||||||
| 4 | may be imposed as provided in paragraphs (b) and (c) of this | ||||||
| 5 | Section to facilitate the reporting and nontaxability of the | ||||||
| 6 | exempt sales or uses. | ||||||
| 7 | (m) Any ordinance imposing or discontinuing any tax under | ||||||
| 8 | this Section shall be adopted and a certified copy thereof | ||||||
| 9 | filed with the Department on or before June 1, whereupon the | ||||||
| 10 | Department of Revenue shall proceed to administer and enforce | ||||||
| 11 | this Section on behalf of the Authority as of September 1 next | ||||||
| 12 | following such adoption and filing. Beginning January 1, 1992, | ||||||
| 13 | an ordinance or resolution imposing or discontinuing the tax | ||||||
| 14 | hereunder shall be adopted and a certified copy thereof filed | ||||||
| 15 | with the Department on or before the first day of July, | ||||||
| 16 | whereupon the Department shall proceed to administer and | ||||||
| 17 | enforce this Section as of the first day of October next | ||||||
| 18 | following such adoption and filing. Beginning January 1, 1993, | ||||||
| 19 | an ordinance or resolution imposing, increasing, decreasing, | ||||||
| 20 | or discontinuing the tax hereunder shall be adopted and a | ||||||
| 21 | certified copy thereof filed with the Department, whereupon | ||||||
| 22 | the Department shall proceed to administer and enforce this | ||||||
| 23 | Section as of the first day of the first month to occur not | ||||||
| 24 | less than 60 days following such adoption and filing. Any | ||||||
| 25 | ordinance or resolution of the Authority imposing a tax under | ||||||
| 26 | this Section and in effect on August 1, 2007 shall remain in | ||||||
| |||||||
| |||||||
| 1 | full force and effect and shall be administered by the | ||||||
| 2 | Department of Revenue under the terms and conditions and rates | ||||||
| 3 | of tax established by such ordinance or resolution until the | ||||||
| 4 | Department begins administering and enforcing an increased tax | ||||||
| 5 | under this Section as authorized by Public Act 95-708. Any | ||||||
| 6 | ordinance or resolution of the Authority imposing a tax under | ||||||
| 7 | this Section and in effect on the effective date of this | ||||||
| 8 | amendatory Act of the 104th General Assembly shall remain in | ||||||
| 9 | full force and effect and shall be administered by the | ||||||
| 10 | Department of Revenue under the terms and conditions and rates | ||||||
| 11 | of tax established by such ordinance or resolution until the | ||||||
| 12 | Department begins administering and enforcing an increased tax | ||||||
| 13 | under this Section as authorized by this amendatory Act of the | ||||||
| 14 | 104th General Assembly. The tax rates authorized by Public Act | ||||||
| 15 | 95-708 are effective only if imposed by ordinance of the | ||||||
| 16 | Authority. The tax rates authorized by this amendatory Act of | ||||||
| 17 | the 104th General Assembly are effective only if an ordinance | ||||||
| 18 | is approved by the Authority with the affirmative votes of a | ||||||
| 19 | simple majority of its then Directors. | ||||||
| 20 | (n) Except as otherwise provided in this subsection (n), | ||||||
| 21 | the Department of Revenue shall, upon collecting any taxes as | ||||||
| 22 | provided in this Section, pay the taxes over to the State | ||||||
| 23 | Treasurer as trustee for the Authority. The taxes shall be | ||||||
| 24 | held in a trust fund outside the State treasury. If an | ||||||
| 25 | airport-related purpose has been certified, taxes and | ||||||
| 26 | penalties collected in DuPage, Kane, Lake, McHenry and Will | ||||||
| |||||||
| |||||||
| 1 | counties on aviation fuel sold on or after December 1, 2019 | ||||||
| 2 | from the 0.50% of the 0.75% rate shall be immediately paid over | ||||||
| 3 | by the Department to the State Treasurer, ex officio, as | ||||||
| 4 | trustee, for deposit into the Local Government Aviation Trust | ||||||
| 5 | Fund. The Department shall only pay moneys into the Local | ||||||
| 6 | Government Aviation Trust Fund under this Act for so long as | ||||||
| 7 | the revenue use requirements of 49 U.S.C. 47107(b) and 49 | ||||||
| 8 | U.S.C. 47133 are binding on the Authority. On or before the | ||||||
| 9 | 25th day of each calendar month, the Department of Revenue | ||||||
| 10 | shall prepare and certify to the Comptroller of the State of | ||||||
| 11 | Illinois and to the Authority (i) the amount of taxes | ||||||
| 12 | collected in each county other than Cook County in the | ||||||
| 13 | metropolitan region, (not including, if an airport-related | ||||||
| 14 | purpose has been certified, the taxes and penalties collected | ||||||
| 15 | from the 0.50% of the 0.75% rate on aviation fuel sold on or | ||||||
| 16 | after December 1, 2019 that are deposited into the Local | ||||||
| 17 | Government Aviation Trust Fund) (ii) the amount of taxes | ||||||
| 18 | collected within the City of Chicago, and (iii) the amount | ||||||
| 19 | collected in that portion of Cook County outside of Chicago, | ||||||
| 20 | each amount less the amount necessary for the payment of | ||||||
| 21 | refunds to taxpayers located in those areas described in items | ||||||
| 22 | (i), (ii), and (iii), and less 1.5% of the remainder, which | ||||||
| 23 | shall be transferred from the trust fund into the Tax | ||||||
| 24 | Compliance and Administration Fund. The Department, at the | ||||||
| 25 | time of each monthly disbursement to the Authority, shall | ||||||
| 26 | prepare and certify to the State Comptroller the amount to be | ||||||
| |||||||
| |||||||
| 1 | transferred into the Tax Compliance and Administration Fund | ||||||
| 2 | under this subsection. Within 10 days after receipt by the | ||||||
| 3 | Comptroller of the certification of the amounts, the | ||||||
| 4 | Comptroller shall cause an order to be drawn for the transfer | ||||||
| 5 | of the amount certified into the Tax Compliance and | ||||||
| 6 | Administration Fund and the payment of three-quarters | ||||||
| 7 | two-thirds of the amounts certified in item (i) of this | ||||||
| 8 | subsection to the Authority and one-quarter one-third of the | ||||||
| 9 | amounts certified in item (i) of this subsection to the | ||||||
| 10 | respective counties other than Cook County and the amount | ||||||
| 11 | certified in items (ii) and (iii) of this subsection to the | ||||||
| 12 | Authority. | ||||||
| 13 | In addition to the disbursement required by the preceding | ||||||
| 14 | paragraph, an allocation shall be made in July 1991 and each | ||||||
| 15 | year thereafter to the Authority. The allocation shall be made | ||||||
| 16 | in an amount equal to the average monthly distribution during | ||||||
| 17 | the preceding calendar year (excluding the 2 months of lowest | ||||||
| 18 | receipts) and the allocation shall include the amount of | ||||||
| 19 | average monthly distribution from the Northern Illinois | ||||||
| 20 | Transit Authority Occupation and Use Tax Replacement Fund. The | ||||||
| 21 | distribution made in July 1992 and each year thereafter under | ||||||
| 22 | this paragraph and the preceding paragraph shall be reduced by | ||||||
| 23 | the amount allocated and disbursed under this paragraph in the | ||||||
| 24 | preceding calendar year. The Department of Revenue shall | ||||||
| 25 | prepare and certify to the Comptroller for disbursement the | ||||||
| 26 | allocations made in accordance with this paragraph. | ||||||
| |||||||
| |||||||
| 1 | (o) Failure to adopt a budget ordinance or otherwise to | ||||||
| 2 | comply with Section 4.01 or to adopt a 5-Year Capital Program | ||||||
| 3 | or otherwise to comply with paragraph (b) of Section 2.01 of | ||||||
| 4 | this Act shall not affect the validity of any tax imposed by | ||||||
| 5 | the Authority otherwise in conformity with law. | ||||||
| 6 | (p) At no time shall a public transportation tax or motor | ||||||
| 7 | vehicle parking tax authorized under paragraphs (b), (c), and | ||||||
| 8 | (d) of this Section be in effect at the same time as any | ||||||
| 9 | retailers' occupation, use or service occupation tax | ||||||
| 10 | authorized under paragraphs (e), (f), and (g) of this Section | ||||||
| 11 | is in effect. | ||||||
| 12 | Any taxes imposed under the authority provided in | ||||||
| 13 | paragraphs (b), (c), and (d) shall remain in effect only until | ||||||
| 14 | the time as any tax authorized by paragraph (e), (f), or (g) of | ||||||
| 15 | this Section is imposed and becomes effective. Once any tax | ||||||
| 16 | authorized by paragraph (e), (f), or (g) is imposed the Board | ||||||
| 17 | may not reimpose taxes as authorized in paragraphs (b), (c), | ||||||
| 18 | and (d) of the Section unless any tax authorized by paragraph | ||||||
| 19 | (e), (f), or (g) of this Section becomes ineffective by means | ||||||
| 20 | other than an ordinance of the Board. | ||||||
| 21 | (q) Any existing rights, remedies and obligations | ||||||
| 22 | (including enforcement by the Authority) arising under any tax | ||||||
| 23 | imposed under paragraph (b), (c), or (d) of this Section shall | ||||||
| 24 | not be affected by the imposition of a tax under paragraph (e), | ||||||
| 25 | (f), or (g) of this Section. | ||||||
| 26 | (r) The Board shall hold a vote on whether to adopt an | ||||||
| |||||||
| |||||||
| 1 | ordinance to increase the tax rate to the rates authorized by | ||||||
| 2 | this amendatory Act of the 104th General Assembly within 60 | ||||||
| 3 | days of the effective date of this amendatory Act of the 104th | ||||||
| 4 | General Assembly. | ||||||
| 5 | (Source: P.A. 103-592, eff. 1-1-25; 103-781, eff. 8-5-24; | ||||||
| 6 | 104-6, eff. 1-1-26; 104-417, eff. 8-15-25; 104-457, eff. | ||||||
| 7 | 6-1-26.) | ||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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, | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 by a simple majority vote of | ||||||
| 5 | the Directors with the affirmative votes of at least 9 | ||||||
| 6 | Directors. In case any officer whose signature appears on any | ||||||
| 7 | bonds, notes or coupons authorized pursuant to this Section | ||||||
| 8 | shall cease to be such officer before delivery of such bonds or | ||||||
| 9 | notes, such signature shall nevertheless be valid and | ||||||
| 10 | sufficient for all purposes, the same as if such officer had | ||||||
| 11 | remained in office until such delivery. Neither the Directors | ||||||
| 12 | of the Authority nor any person executing any bonds or notes | ||||||
| 13 | thereof shall be liable personally on any such bonds or notes | ||||||
| 14 | or coupons by reason of the issuance thereof. | ||||||
| 15 | (c) All bonds or notes of the Authority issued pursuant to | ||||||
| 16 | this Section shall be general obligations of the Authority to | ||||||
| 17 | which shall be pledged the full faith and credit of the | ||||||
| 18 | Authority, as provided in this Section. Such bonds or notes | ||||||
| 19 | shall be secured as provided in the authorizing ordinance, | ||||||
| 20 | which may, notwithstanding any other provision of this Act, | ||||||
| 21 | include in addition to any other security, a specific pledge | ||||||
| 22 | or assignment of and lien on or security interest in any or all | ||||||
| 23 | tax receipts of the Authority and on any or all other revenues | ||||||
| 24 | or moneys of the Authority from whatever source, which may by | ||||||
| 25 | law be utilized for debt service purposes and a specific | ||||||
| 26 | pledge or assignment of and lien on or security interest in any | ||||||
| |||||||
| |||||||
| 1 | funds or accounts established or provided for by the ordinance | ||||||
| 2 | of the Authority authorizing the issuance of such bonds or | ||||||
| 3 | notes. Any such pledge, assignment, lien, or security interest | ||||||
| 4 | for the benefit of holders of bonds or notes of the Authority | ||||||
| 5 | shall be valid and binding from the time the bonds or notes are | ||||||
| 6 | issued without any physical delivery or further act and shall | ||||||
| 7 | be valid and binding as against and prior to the claims of all | ||||||
| 8 | other parties having claims of any kind against the Authority | ||||||
| 9 | or any other person irrespective of whether such other parties | ||||||
| 10 | have notice of such pledge, assignment, lien, or security | ||||||
| 11 | interest. The obligations of the Authority incurred pursuant | ||||||
| 12 | to this Section shall be superior to and have priority over any | ||||||
| 13 | other obligations of the Authority. | ||||||
| 14 | The Authority may provide in the ordinance authorizing the | ||||||
| 15 | issuance of any bonds or notes issued pursuant to this Section | ||||||
| 16 | for the creation of, deposits in, and regulation and | ||||||
| 17 | disposition of sinking fund or reserve accounts relating to | ||||||
| 18 | such bonds or notes. The ordinance authorizing the issuance of | ||||||
| 19 | any bonds or notes pursuant to this Section may contain | ||||||
| 20 | provisions as part of the contract with the holders of the | ||||||
| 21 | bonds or notes, for the creation of a separate fund to provide | ||||||
| 22 | for the payment of principal and interest on such bonds or | ||||||
| 23 | notes and for the deposit in such fund from any or all the tax | ||||||
| 24 | receipts of the Authority and from any or all such other moneys | ||||||
| 25 | or revenues of the Authority from whatever source which may by | ||||||
| 26 | law be utilized for debt service purposes, all as provided in | ||||||
| |||||||
| |||||||
| 1 | such ordinance, of amounts to meet the debt service | ||||||
| 2 | requirements on such bonds or notes, including principal and | ||||||
| 3 | interest, and any sinking fund or reserve fund account | ||||||
| 4 | requirements as may be provided by such ordinance, and all | ||||||
| 5 | expenses incident to or in connection with such fund and | ||||||
| 6 | accounts or the payment of such bonds or notes. Such ordinance | ||||||
| 7 | may also provide limitations on the issuance of additional | ||||||
| 8 | bonds or notes of the Authority. No such bonds or notes of the | ||||||
| 9 | Authority shall constitute a debt of the State of Illinois. | ||||||
| 10 | Nothing in this Act shall be construed to enable the Authority | ||||||
| 11 | to impose any ad valorem tax on property. | ||||||
| 12 | (d) The ordinance of the Authority authorizing the | ||||||
| 13 | issuance of any bonds or notes may provide additional security | ||||||
| 14 | for such bonds or notes by providing for appointment of a | ||||||
| 15 | corporate trustee (which may be any trust company or bank | ||||||
| 16 | having the powers of a trust company within the state) with | ||||||
| 17 | respect to such bonds or notes. The ordinance shall prescribe | ||||||
| 18 | the rights, duties, and powers of the trustee to be exercised | ||||||
| 19 | for the benefit of the Authority and the protection of the | ||||||
| 20 | holders of such bonds or notes. The ordinance may provide for | ||||||
| 21 | the trustee to hold in trust, invest, and use amounts in funds | ||||||
| 22 | and accounts created as provided by the ordinance with respect | ||||||
| 23 | to the bonds or notes. The ordinance may provide for the | ||||||
| 24 | assignment and direct payment to the trustee of any or all | ||||||
| 25 | amounts produced from the sources provided in Section 4.03 and | ||||||
| 26 | Section 4.09 of this Act and provided in Section 6z-17 of the | ||||||
| |||||||
| |||||||
| 1 | State Finance Act. Upon receipt of notice of any such | ||||||
| 2 | assignment, the Department of Revenue and the Comptroller of | ||||||
| 3 | the State of Illinois shall thereafter, notwithstanding the | ||||||
| 4 | provisions of Section 4.03 and Section 4.09 of this Act and | ||||||
| 5 | Section 6z-17 of the State Finance Act, provide for such | ||||||
| 6 | assigned amounts to be paid directly to the trustee instead of | ||||||
| 7 | the Authority, all in accordance with the terms of the | ||||||
| 8 | ordinance making the assignment. The ordinance shall provide | ||||||
| 9 | that amounts so paid to the trustee which are not required to | ||||||
| 10 | be deposited, held or invested in funds and accounts created | ||||||
| 11 | by the ordinance with respect to bonds or notes or used for | ||||||
| 12 | paying bonds or notes to be paid by the trustee to the | ||||||
| 13 | Authority. | ||||||
| 14 | (e) Any bonds or notes of the Authority issued pursuant to | ||||||
| 15 | this Section shall constitute a contract between the Authority | ||||||
| 16 | and the holders from time to time of such bonds or notes. In | ||||||
| 17 | issuing any bond or note, the Authority may include in the | ||||||
| 18 | ordinance authorizing such issue a covenant as part of the | ||||||
| 19 | contract with the holders of the bonds or notes, that as long | ||||||
| 20 | as such obligations are outstanding, it shall make such | ||||||
| 21 | deposits, as provided in paragraph (c) of this Section. It may | ||||||
| 22 | also so covenant that it shall impose and continue to impose | ||||||
| 23 | taxes, as provided in Section 4.03 of this Act and in addition | ||||||
| 24 | thereto as subsequently authorized by law, sufficient to make | ||||||
| 25 | such deposits and pay the principal and interest and to meet | ||||||
| 26 | other debt service requirements of such bonds or notes as they | ||||||
| |||||||
| |||||||
| 1 | become due. A certified copy of the ordinance authorizing the | ||||||
| 2 | issuance of any such obligations shall be filed at or prior to | ||||||
| 3 | the issuance of such obligations with the Comptroller of the | ||||||
| 4 | State of Illinois and the Illinois Department of Revenue. | ||||||
| 5 | (f) The State of Illinois pledges to and agrees with the | ||||||
| 6 | holders of the bonds and notes of the Authority issued | ||||||
| 7 | pursuant to this Section that the State will not limit or alter | ||||||
| 8 | the rights and powers vested in the Authority by this Act so as | ||||||
| 9 | to impair the terms of any contract made by the Authority with | ||||||
| 10 | such holders or in any way impair the rights and remedies of | ||||||
| 11 | such holders until such bonds and notes, together with | ||||||
| 12 | interest thereon, with interest on any unpaid installments of | ||||||
| 13 | interest, and all costs and expenses in connection with any | ||||||
| 14 | action or proceedings by or on behalf of such holders, are | ||||||
| 15 | fully met and discharged. In addition, the State pledges to | ||||||
| 16 | and agrees with the holders of the bonds and notes of the | ||||||
| 17 | Authority issued pursuant to this Section that the State will | ||||||
| 18 | not limit or alter the basis on which State funds are to be | ||||||
| 19 | paid to the Authority as provided in this Act, or the use of | ||||||
| 20 | such funds, so as to impair the terms of any such contract. The | ||||||
| 21 | Authority is authorized to include these pledges and | ||||||
| 22 | agreements of the State in any contract with the holders of | ||||||
| 23 | bonds or notes issued pursuant to this Section. | ||||||
| 24 | (g)(1) (Blank). | ||||||
| 25 | (2) In addition to the authority provided by paragraphs | ||||||
| 26 | (1) and (3), the Authority is authorized to issue, sell, and | ||||||
| |||||||
| |||||||
| 1 | deliver bonds or notes for Strategic Capital Improvement | ||||||
| 2 | Projects approved pursuant to Section 4.13 as follows: | ||||||
| 3 | $100,000,000 is authorized to be issued on or after | ||||||
| 4 | January 1, 1990; | ||||||
| 5 | an additional $100,000,000 is authorized to be issued | ||||||
| 6 | on or after January 1, 1991; | ||||||
| 7 | an additional $100,000,000 is authorized to be issued | ||||||
| 8 | on or after January 1, 1992; | ||||||
| 9 | an additional $100,000,000 is authorized to be issued | ||||||
| 10 | on or after January 1, 1993; | ||||||
| 11 | an additional $100,000,000 is authorized to be issued | ||||||
| 12 | on or after January 1, 1994; and | ||||||
| 13 | the aggregate total authorization of bonds and notes | ||||||
| 14 | for Strategic Capital Improvement Projects as of January | ||||||
| 15 | 1, 1994, shall be $500,000,000. | ||||||
| 16 | The Authority is also authorized to issue, sell, and | ||||||
| 17 | deliver bonds or notes in such amounts as are necessary to | ||||||
| 18 | provide for the refunding or advance refunding of bonds or | ||||||
| 19 | notes issued for Strategic Capital Improvement Projects under | ||||||
| 20 | this subdivision (g)(2), provided that no such refunding bond | ||||||
| 21 | or note shall mature later than the final maturity date of the | ||||||
| 22 | series of bonds or notes being refunded, and provided further | ||||||
| 23 | that the debt service requirements for such refunding bonds or | ||||||
| 24 | notes in the current or any future fiscal year shall not exceed | ||||||
| 25 | the debt service requirements for that year on the refunded | ||||||
| 26 | bonds or notes. | ||||||
| |||||||
| |||||||
| 1 | (3) In addition to the authority provided by paragraphs | ||||||
| 2 | (1) and (2), the Authority is authorized to issue, sell, and | ||||||
| 3 | deliver bonds or notes for Strategic Capital Improvement | ||||||
| 4 | Projects approved pursuant to Section 4.13 as follows: | ||||||
| 5 | $260,000,000 is authorized to be issued on or after | ||||||
| 6 | January 1, 2000; | ||||||
| 7 | an additional $260,000,000 is authorized to be issued | ||||||
| 8 | on or after January 1, 2001; | ||||||
| 9 | an additional $260,000,000 is authorized to be issued | ||||||
| 10 | on or after January 1, 2002; | ||||||
| 11 | an additional $260,000,000 is authorized to be issued | ||||||
| 12 | on or after January 1, 2003; | ||||||
| 13 | an additional $260,000,000 is authorized to be issued | ||||||
| 14 | on or after January 1, 2004; and | ||||||
| 15 | the aggregate total authorization of bonds and notes | ||||||
| 16 | for Strategic Capital Improvement Projects pursuant to | ||||||
| 17 | this paragraph (3) as of January 1, 2004 shall be | ||||||
| 18 | $1,300,000,000. | ||||||
| 19 | The Authority is also authorized to issue, sell, and | ||||||
| 20 | deliver bonds or notes in such amounts as are necessary to | ||||||
| 21 | provide for the refunding or advance refunding of bonds or | ||||||
| 22 | notes issued for Strategic Capital Improvement projects under | ||||||
| 23 | this subdivision (g)(3), provided that no such refunding bond | ||||||
| 24 | or note shall mature later than the final maturity date of the | ||||||
| 25 | series of bonds or notes being refunded, and provided further | ||||||
| 26 | that the debt service requirements for such refunding bonds or | ||||||
| |||||||
| |||||||
| 1 | notes in the current or any future fiscal year shall not exceed | ||||||
| 2 | the debt service requirements for that year on the refunded | ||||||
| 3 | bonds or notes. | ||||||
| 4 | (4) The Authority may not issue, sell, and deliver bonds | ||||||
| 5 | or notes for Strategic Capital Improvement Projects pursuant | ||||||
| 6 | to paragraph (2) or (3) of subsection (g) of Section 4.04 on or | ||||||
| 7 | after June 1, 2026. Any outstanding bonds or notes of the | ||||||
| 8 | Authority issued for Strategic Capital Improvement Projects | ||||||
| 9 | under paragraph (2) or (3) of subsection (g) of Section 4.04 | ||||||
| 10 | shall remain in full force pursuant to the terms of the | ||||||
| 11 | agreements with noteholders or bond holders relating to such | ||||||
| 12 | bonds and notes. | ||||||
| 13 | (h) The Authority, subject to the terms of any agreements | ||||||
| 14 | with noteholders or bond holders as may then exist, shall have | ||||||
| 15 | power, out of any funds available therefor, to purchase notes | ||||||
| 16 | or bonds of the Authority, which shall thereupon be cancelled. | ||||||
| 17 | (i) In addition to any other authority granted by law, the | ||||||
| 18 | State Treasurer may, with the approval of the Governor, invest | ||||||
| 19 | or reinvest, at a price not to exceed par, any State money in | ||||||
| 20 | the State treasury which is not needed for current | ||||||
| 21 | expenditures due or about to become due in Working Cash Notes. | ||||||
| 22 | In the event of a default on a Working Cash Note issued by the | ||||||
| 23 | Authority in which State money in the State treasury was | ||||||
| 24 | invested, the Treasurer may, after giving notice to the | ||||||
| 25 | Authority, certify to the Comptroller the amounts of the | ||||||
| 26 | defaulted Working Cash Note, in accordance with any applicable | ||||||
| |||||||
| |||||||
| 1 | rules of the Comptroller, and the Comptroller must deduct and | ||||||
| 2 | remit to the State treasury the certified amounts or a portion | ||||||
| 3 | of those amounts from the following proportions of payments of | ||||||
| 4 | State funds to the Authority: | ||||||
| 5 | (1) in the first year after default, one-third of the | ||||||
| 6 | total amount of any payments of State funds to the | ||||||
| 7 | Authority; | ||||||
| 8 | (2) in the second year after default, two-thirds of | ||||||
| 9 | the total amount of any payments of State funds to the | ||||||
| 10 | Authority; and | ||||||
| 11 | (3) in the third year after default and for each year | ||||||
| 12 | thereafter until the total invested amount is repaid, the | ||||||
| 13 | total amount of any payments of State funds to the | ||||||
| 14 | Authority. | ||||||
| 15 | (j) The Authority may establish a line of credit with a | ||||||
| 16 | bank or other financial institution as may be evidenced by the | ||||||
| 17 | issuance of notes or other obligations, secured by and payable | ||||||
| 18 | from all tax receipts of the Authority and any or all other | ||||||
| 19 | revenues or moneys of the Authority, in an amount not to exceed | ||||||
| 20 | the limitations set forth in paragraph (1) of subsection (g). | ||||||
| 21 | Money borrowed under this subsection (j) shall be used to | ||||||
| 22 | provide money for the Authority or the Service Boards to cover | ||||||
| 23 | any cash flow deficit that the Authority or a Service Board | ||||||
| 24 | anticipates incurring and shall be repaid within 24 months. | ||||||
| 25 | Before establishing a line of credit under this subsection | ||||||
| 26 | (j), the Authority shall authorize the line of credit by | ||||||
| |||||||
| |||||||
| 1 | ordinance. The ordinance shall set forth facts demonstrating | ||||||
| 2 | the need for the line of credit, state the amount to be | ||||||
| 3 | borrowed, establish a maximum interest rate limit not to | ||||||
| 4 | exceed the maximum rate authorized by the Bond Authorization | ||||||
| 5 | Act, and provide a date by which the borrowed funds shall be | ||||||
| 6 | repaid. The ordinance shall authorize and direct the relevant | ||||||
| 7 | officials to make arrangements to set apart and hold, as | ||||||
| 8 | applicable, the moneys that will be used to repay the | ||||||
| 9 | borrowing. In addition, the ordinance may authorize the | ||||||
| 10 | relevant officials to make partial repayments on the line of | ||||||
| 11 | credit as the moneys become available and may contain any | ||||||
| 12 | other terms, restrictions, or limitations desirable or | ||||||
| 13 | necessary to give effect to this subsection (j). | ||||||
| 14 | The Authority shall notify the Governor's Office of | ||||||
| 15 | Management and Budget and the State Comptroller at least 30 | ||||||
| 16 | days before establishing a line of credit and shall file with | ||||||
| 17 | the Governor's Office of Management and Budget and the State | ||||||
| 18 | Comptroller a certified copy of any ordinance authorizing the | ||||||
| 19 | establishment of a line of credit upon or before establishing | ||||||
| 20 | the line of credit. | ||||||
| 21 | Moneys borrowed under a line of credit pursuant to this | ||||||
| 22 | subsection (j) are general obligations of the Authority that | ||||||
| 23 | are secured by the full faith and credit of the Authority. | ||||||
| 24 | (Source: P.A. 104-457, eff. 6-1-26.) | ||||||
| 25 | (70 ILCS 3615/4.09) | ||||||
| |||||||
| |||||||
| 1 | Sec. 4.09. Public Transportation Fund and the Northern | ||||||
| 2 | Illinois Transit Authority Occupation and Use Tax Replacement | ||||||
| 3 | Fund. | ||||||
| 4 | (a)(1) Except as otherwise provided in paragraph (4), as | ||||||
| 5 | soon as possible after the first day of each month, beginning | ||||||
| 6 | July 1, 1984, upon certification of the Department of Revenue, | ||||||
| 7 | the Comptroller shall order transferred and the Treasurer | ||||||
| 8 | shall transfer from the General Revenue Fund to a special fund | ||||||
| 9 | in the State treasury to be known as the Public Transportation | ||||||
| 10 | Fund an amount equal to 25% of the net revenue, before the | ||||||
| 11 | deduction of the serviceman and retailer discounts pursuant to | ||||||
| 12 | Section 9 of the Service Occupation Tax Act and Section 3 of | ||||||
| 13 | the Retailers' Occupation Tax Act, realized from any tax | ||||||
| 14 | imposed by the Authority pursuant to Sections 4.03 and 4.03.1 | ||||||
| 15 | and 25% of the amounts deposited into the Northern Illinois | ||||||
| 16 | Transit Authority tax fund created by Section 4.03 of this | ||||||
| 17 | Act, from the County and Mass Transit District Fund as | ||||||
| 18 | provided in Section 6z-20 of the State Finance Act and 25% of | ||||||
| 19 | the amounts deposited into the Northern Illinois Transit | ||||||
| 20 | Authority Occupation and Use Tax Replacement Fund from the | ||||||
| 21 | State and Local Sales Tax Reform Fund as provided in Section | ||||||
| 22 | 6z-17 of the State Finance Act. | ||||||
| 23 | On the first day of the month following the date that the | ||||||
| 24 | Department receives revenues from increased taxes under | ||||||
| 25 | Section 4.03(m) as authorized by Public Act 95-708 and until | ||||||
| 26 | the first day of the month following the date that the | ||||||
| |||||||
| |||||||
| 1 | Department receives revenues from increased taxes under | ||||||
| 2 | Section 4.03(m) as authorized by this amendatory Act of the | ||||||
| 3 | 104th General Assembly, in lieu of the transfers authorized in | ||||||
| 4 | the preceding sentence, upon certification of the Department | ||||||
| 5 | of Revenue, the Comptroller shall order transferred and the | ||||||
| 6 | Treasurer shall transfer from the General Revenue Fund to the | ||||||
| 7 | Public Transportation Fund an amount equal to 25% of the net | ||||||
| 8 | revenue, before the deduction of the serviceman and retailer | ||||||
| 9 | discounts pursuant to Section 9 of the Service Occupation Tax | ||||||
| 10 | Act and Section 3 of the Retailers' Occupation Tax Act, | ||||||
| 11 | realized from (i) 80% of the proceeds of any tax imposed by the | ||||||
| 12 | Authority at a rate of 1.25% in Cook County, (ii) 75% of the | ||||||
| 13 | proceeds of any tax imposed by the Authority at the rate of 1% | ||||||
| 14 | in Cook County, and (iii) one-third of the proceeds of any tax | ||||||
| 15 | imposed by the Authority at the rate of 0.75% in the Counties | ||||||
| 16 | of DuPage, Kane, Lake, McHenry, and Will, all pursuant to | ||||||
| 17 | Section 4.03, and 25% of the net revenue realized from any tax | ||||||
| 18 | imposed by the Authority pursuant to Section 4.03.1, and 25% | ||||||
| 19 | of the amounts deposited into the Northern Illinois Transit | ||||||
| 20 | Regional Transportation Authority tax fund created by Section | ||||||
| 21 | 4.03 of this Act from the County and Mass Transit District Fund | ||||||
| 22 | as provided in Section 6z-20 of the State Finance Act, and 25% | ||||||
| 23 | of the amounts deposited into the Northern Illinois Transit | ||||||
| 24 | Regional Transportation Authority Occupation and Use Tax | ||||||
| 25 | Replacement Fund from the State and Local Sales Tax Reform | ||||||
| 26 | Fund as provided in Section 6z-17 of the State Finance Act. | ||||||
| |||||||
| |||||||
| 1 | On the first day of the month following the date that the | ||||||
| 2 | Department receives revenues from increased taxes under | ||||||
| 3 | Section 4.03(m) as authorized by this amendatory Act of the | ||||||
| 4 | 104th General Assembly, in lieu of the transfers authorized in | ||||||
| 5 | the preceding sentences, upon certification of the Department | ||||||
| 6 | of Revenue, the Comptroller shall order transferred and the | ||||||
| 7 | Treasurer shall transfer from the General Revenue Fund to the | ||||||
| 8 | Public Transportation Fund an amount equal to 25% of the net | ||||||
| 9 | revenue, before the deduction of the serviceman and retailer | ||||||
| 10 | discounts pursuant to Section 9 of the Service Occupation Tax | ||||||
| 11 | Act and Section 3 of the Retailers' Occupation Tax Act, | ||||||
| 12 | realized from (i) two-thirds of the proceeds of any tax | ||||||
| 13 | imposed by the Authority at a rate of 1.5% in Cook County, (ii) | ||||||
| 14 | 60% of the proceeds of any tax imposed by the Authority at the | ||||||
| 15 | rate of 1.25% in Cook County, and (iii) 25% of the proceeds of | ||||||
| 16 | any tax imposed by the Authority at the rate of 1% in the | ||||||
| 17 | Counties of DuPage, Kane, Lake, McHenry, and Will, all | ||||||
| 18 | pursuant to Section 4.03, and 25% of the net revenue realized | ||||||
| 19 | from any tax imposed by the Authority pursuant to Section | ||||||
| 20 | 4.03.1, and 25% of the amounts deposited into the Northern | ||||||
| 21 | Illinois Transit Authority tax fund created by Section 4.03 of | ||||||
| 22 | this Act from the County and Mass Transit District Fund as | ||||||
| 23 | provided in Section 6z-20 of the State Finance Act, and 25% of | ||||||
| 24 | the amounts deposited into the Northern Illinois Transit | ||||||
| 25 | Authority Occupation and Use Tax Replacement Fund from the | ||||||
| 26 | State and Local Sales Tax Reform Fund as provided in Section | ||||||
| |||||||
| |||||||
| 1 | 6z-17 of the State Finance Act. | ||||||
| 2 | As used in this Section, net revenue realized for a month | ||||||
| 3 | shall be the revenue collected by the State pursuant to | ||||||
| 4 | Sections 4.03 and 4.03.1 during the previous month from within | ||||||
| 5 | the metropolitan region, less the amount paid out during that | ||||||
| 6 | same month as refunds to taxpayers for overpayment of | ||||||
| 7 | liability in the metropolitan region under Sections 4.03 and | ||||||
| 8 | 4.03.1. | ||||||
| 9 | Notwithstanding any provision of law to the contrary, | ||||||
| 10 | beginning on July 6, 2017 (the effective date of Public Act | ||||||
| 11 | 100-23), those amounts required under this paragraph (1) of | ||||||
| 12 | subsection (a) to be transferred by the Treasurer into the | ||||||
| 13 | Public Transportation Fund from the General Revenue Fund shall | ||||||
| 14 | be directly deposited into the Public Transportation Fund as | ||||||
| 15 | the revenues are realized from the taxes indicated. | ||||||
| 16 | (2) Except as otherwise provided in paragraph (4), on | ||||||
| 17 | February 1, 2008 2009 (the first day of the month following the | ||||||
| 18 | effective date of Public Act 95-708) and each month thereafter | ||||||
| 19 | and until the first day of the month following the date that | ||||||
| 20 | the Department receives revenues from increased taxes under | ||||||
| 21 | Section 4.03(m) as authorized by this amendatory Act of the | ||||||
| 22 | 104th General Assembly, upon certification by the Department | ||||||
| 23 | of Revenue, the Comptroller shall order transferred and the | ||||||
| 24 | Treasurer shall transfer from the General Revenue Fund to the | ||||||
| 25 | Public Transportation Fund an amount equal to 5% of the net | ||||||
| 26 | revenue, before the deduction of the serviceman and retailer | ||||||
| |||||||
| |||||||
| 1 | discounts pursuant to Section 9 of the Service Occupation Tax | ||||||
| 2 | Act and Section 3 of the Retailers' Occupation Tax Act, | ||||||
| 3 | realized from any tax imposed by the Authority pursuant to | ||||||
| 4 | Sections 4.03 and 4.03.1 and certified by the Department of | ||||||
| 5 | Revenue under Section 4.03(n) of this Act to be paid to the | ||||||
| 6 | Authority and 5% of the amounts deposited into the Northern | ||||||
| 7 | Illinois Transit Authority tax fund created by Section 4.03 of | ||||||
| 8 | this Act from the County and Mass Transit District Fund as | ||||||
| 9 | provided in Section 6z-20 of the State Finance Act, and 5% of | ||||||
| 10 | the amounts deposited into the Northern Illinois Transit | ||||||
| 11 | Authority Occupation and Use Tax Replacement Fund from the | ||||||
| 12 | State and Local Sales Tax Reform Fund as provided in Section | ||||||
| 13 | 6z-17 of the State Finance Act, and 5% of the revenue realized | ||||||
| 14 | by the Chicago Transit Authority as financial assistance from | ||||||
| 15 | the City of Chicago from the proceeds of any tax imposed by the | ||||||
| 16 | City of Chicago under Section 8-3-19 of the Illinois Municipal | ||||||
| 17 | Code. | ||||||
| 18 | On the first day of the month following the date that the | ||||||
| 19 | Department receives revenues from increased taxes under | ||||||
| 20 | Section 4.03(m) as authorized by this amendatory Act of the | ||||||
| 21 | 104th General Assembly, upon certification of the Department | ||||||
| 22 | of Revenue, the Comptroller shall order transferred and the | ||||||
| 23 | Treasurer shall transfer from the General Revenue Fund to the | ||||||
| 24 | Public Transportation Fund an amount equal to 5% of the net | ||||||
| 25 | revenue, before the deduction of the serviceman and retailer | ||||||
| 26 | discounts pursuant to Section 9 of the Service Occupation Tax | ||||||
| |||||||
| |||||||
| 1 | Act and Section 3 of the Retailers' Occupation Tax Act, | ||||||
| 2 | realized from (i) five-sixths of the proceeds of any tax | ||||||
| 3 | imposed by the Authority at a rate of 1.5% in Cook County, (ii) | ||||||
| 4 | 80% of the proceeds of any tax imposed by the Authority at the | ||||||
| 5 | rate of 1.25% in Cook County, and (iii) two-thirds of the | ||||||
| 6 | proceeds of any tax imposed by the Authority at the rate of 1% | ||||||
| 7 | in the Counties of DuPage, Kane, Lake, McHenry, and Will, all | ||||||
| 8 | pursuant to Section 4.03 and certified by the Department of | ||||||
| 9 | Revenue under Section 4.03(n) of this Act to be paid to the | ||||||
| 10 | Authority, and 5% of the net revenue realized from any tax | ||||||
| 11 | imposed by the Authority pursuant to Section 4.03.1 and | ||||||
| 12 | certified by the Department of Revenue under Section 4.03.1(d) | ||||||
| 13 | of this Act to be paid to the Authority, and 5% of the amounts | ||||||
| 14 | deposited into the Northern Illinois Transit Authority tax | ||||||
| 15 | fund created by Section 4.03 of this Act from the County and | ||||||
| 16 | Mass Transit District Fund as provided in Section 6z-20 of the | ||||||
| 17 | State Finance Act, and 5% of the amounts deposited into the | ||||||
| 18 | Northern Illinois Transit Authority Occupation and Use Tax | ||||||
| 19 | Replacement Fund from the State and Local Sales Tax Reform | ||||||
| 20 | Fund as provided in Section 6z-17 of the State Finance Act, and | ||||||
| 21 | 5% of the revenue realized by the Chicago Transit Authority as | ||||||
| 22 | financial assistance from the City of Chicago from the | ||||||
| 23 | proceeds of any tax imposed by the City of Chicago under | ||||||
| 24 | Section 8-3-19 of the Illinois Municipal Code. | ||||||
| 25 | Notwithstanding any provision of law to the contrary, | ||||||
| 26 | beginning on July 6, 2017 (the effective date of Public Act | ||||||
| |||||||
| |||||||
| 1 | 100-23), those amounts required under this paragraph (2) of | ||||||
| 2 | subsection (a) to be transferred by the Treasurer into the | ||||||
| 3 | Public Transportation Fund from the General Revenue Fund shall | ||||||
| 4 | be directly deposited into the Public Transportation Fund as | ||||||
| 5 | the revenues are realized from the taxes indicated. | ||||||
| 6 | (3) Except as otherwise provided in paragraph (4), as soon | ||||||
| 7 | as possible after the first day of January, 2009 and each month | ||||||
| 8 | thereafter and until the first day of the month following the | ||||||
| 9 | date that the Department receives revenues from increased | ||||||
| 10 | taxes under Section 4.03(m) as authorized by this amendatory | ||||||
| 11 | Act of the 104th General Assembly, upon certification of the | ||||||
| 12 | Department of Revenue with respect to the taxes collected | ||||||
| 13 | under Section 4.03, the Comptroller shall order transferred | ||||||
| 14 | and the Treasurer shall transfer from the General Revenue Fund | ||||||
| 15 | to the Public Transportation Fund an amount equal to 25% of the | ||||||
| 16 | net revenue, before the deduction of the serviceman and | ||||||
| 17 | retailer discounts pursuant to Section 9 of the Service | ||||||
| 18 | Occupation Tax Act and Section 3 of the Retailers' Occupation | ||||||
| 19 | Tax Act, realized from (i) 20% of the proceeds of any tax | ||||||
| 20 | imposed by the Authority at a rate of 1.25% in Cook County, | ||||||
| 21 | (ii) 25% of the proceeds of any tax imposed by the Authority at | ||||||
| 22 | the rate of 1% in Cook County, and (iii) one-third of the | ||||||
| 23 | proceeds of any tax imposed by the Authority at the rate of | ||||||
| 24 | 0.75% in the Counties of DuPage, Kane, Lake, McHenry, and | ||||||
| 25 | Will, all pursuant to Section 4.03, and the Comptroller shall | ||||||
| 26 | order transferred and the Treasurer shall transfer from the | ||||||
| |||||||
| |||||||
| 1 | General Revenue Fund to the Public Transportation Fund (iv) an | ||||||
| 2 | amount equal to 25% of the revenue realized by the Chicago | ||||||
| 3 | Transit Authority as financial assistance from the City of | ||||||
| 4 | Chicago from the proceeds of any tax imposed by the City of | ||||||
| 5 | Chicago under Section 8-3-19 of the Illinois Municipal Code. | ||||||
| 6 | On the first day of the month following the date that the | ||||||
| 7 | Department receives revenues from increased taxes under | ||||||
| 8 | Section 4.03(m) as authorized by this amendatory Act of the | ||||||
| 9 | 104th General Assembly, upon certification of the Department | ||||||
| 10 | of Revenue with respect to the taxes collected under Section | ||||||
| 11 | 4.03, the Comptroller shall order transferred and the | ||||||
| 12 | Treasurer shall transfer from the General Revenue Fund to the | ||||||
| 13 | Public Transportation Fund an amount equal to 25% of the net | ||||||
| 14 | revenue, before the deduction of the serviceman and retailer | ||||||
| 15 | discounts pursuant to Section 9 of the Service Occupation Tax | ||||||
| 16 | Act and Section 3 of the Retailers' Occupation Tax Act, | ||||||
| 17 | realized from (i) one-sixth of the proceeds of any tax imposed | ||||||
| 18 | by the Authority at a rate of 1.5% in Cook County, (ii) 20% of | ||||||
| 19 | the proceeds of any tax imposed by the Authority at the rate of | ||||||
| 20 | 1.25% in Cook County, and (iii) 25% of the proceeds of any tax | ||||||
| 21 | imposed by the Authority at the rate of 1% in the Counties of | ||||||
| 22 | DuPage, Kane, Lake, McHenry, and Will, all pursuant to Section | ||||||
| 23 | 4.03, and the Comptroller shall order transferred and the | ||||||
| 24 | Treasurer shall transfer from the General Revenue Fund to the | ||||||
| 25 | Public Transportation Fund (iv) an amount equal to 25% of the | ||||||
| 26 | revenue realized by the Chicago Transit Authority as financial | ||||||
| |||||||
| |||||||
| 1 | assistance from the City of Chicago from the proceeds of any | ||||||
| 2 | tax imposed by the City of Chicago under Section 8-3-19 of the | ||||||
| 3 | Illinois Municipal Code. | ||||||
| 4 | Notwithstanding any provision of law to the contrary, | ||||||
| 5 | beginning on July 6, 2017 (the effective date of Public Act | ||||||
| 6 | 100-23), those amounts required under this paragraph (3) of | ||||||
| 7 | subsection (a) to be transferred by the Treasurer into the | ||||||
| 8 | Public Transportation Fund from the General Revenue Fund shall | ||||||
| 9 | be directly deposited into the Public Transportation Fund as | ||||||
| 10 | the revenues are realized from the taxes indicated. | ||||||
| 11 | (4) Notwithstanding any provision of law to the contrary, | ||||||
| 12 | for the State fiscal year beginning July 1, 2024 and each State | ||||||
| 13 | fiscal year thereafter, the first $150,000,000 that would have | ||||||
| 14 | otherwise been transferred from the General Revenue Fund and | ||||||
| 15 | deposited into the Public Transportation Fund as provided in | ||||||
| 16 | paragraphs (1), (2), and (3) of this subsection (a) shall | ||||||
| 17 | instead be transferred from the Road Fund by the Treasurer | ||||||
| 18 | upon certification by the Department of Revenue and order of | ||||||
| 19 | the Comptroller. For the State fiscal year beginning July 1, | ||||||
| 20 | 2024, only, the next $75,000,000 that would have otherwise | ||||||
| 21 | been transferred from the General Revenue Fund and deposited | ||||||
| 22 | into the Public Transportation Fund as provided in paragraphs | ||||||
| 23 | (1), (2), and (3) of this subsection (a) shall instead be | ||||||
| 24 | transferred from the Road Fund and deposited into the Public | ||||||
| 25 | Transportation Fund by the Treasurer upon certification by the | ||||||
| 26 | Department of Revenue and order of the Comptroller. The funds | ||||||
| |||||||
| |||||||
| 1 | authorized and transferred pursuant to this amendatory Act of | ||||||
| 2 | the 103rd General Assembly are not intended or planned for | ||||||
| 3 | road construction projects. For the State fiscal year | ||||||
| 4 | beginning July 1, 2024, only, the next $50,000,000 that would | ||||||
| 5 | have otherwise been transferred from the General Revenue Fund | ||||||
| 6 | and deposited into the Public Transportation Fund as provided | ||||||
| 7 | in paragraphs (1), (2), and (3) of this subsection (a) shall | ||||||
| 8 | instead be transferred from the Underground Storage Tank Fund | ||||||
| 9 | and deposited into the Public Transportation Fund by the | ||||||
| 10 | Treasurer upon certification by the Department of Revenue and | ||||||
| 11 | order of the Comptroller. The remaining balance shall be | ||||||
| 12 | deposited each State fiscal year as otherwise provided in | ||||||
| 13 | paragraphs (1), (2), and (3) of this subsection (a). | ||||||
| 14 | (5) (Blank). | ||||||
| 15 | (6) (Blank). | ||||||
| 16 | (7) For State fiscal year 2020 only, notwithstanding any | ||||||
| 17 | provision of law to the contrary, the total amount of revenue | ||||||
| 18 | and deposits under this Section attributable to revenues | ||||||
| 19 | realized during State fiscal year 2020 shall be reduced by 5%. | ||||||
| 20 | (8) For State fiscal year 2021 only, notwithstanding any | ||||||
| 21 | provision of law to the contrary, the total amount of revenue | ||||||
| 22 | and deposits under this Section attributable to revenues | ||||||
| 23 | realized during State fiscal year 2021 shall be reduced by 5%. | ||||||
| 24 | (b)(1) All moneys deposited in the Public Transportation | ||||||
| 25 | Fund and the Northern Illinois Transit Authority Occupation | ||||||
| 26 | and Use Tax Replacement Fund, whether deposited pursuant to | ||||||
| |||||||
| |||||||
| 1 | this Section or otherwise, are allocated to the Authority, | ||||||
| 2 | except for amounts appropriated to the Office of the Executive | ||||||
| 3 | Inspector General as authorized by subsection (h) of Section | ||||||
| 4 | 4.03.3 and amounts transferred to the Audit Expense Fund | ||||||
| 5 | pursuant to Section 6z-27 of the State Finance Act. The | ||||||
| 6 | Comptroller, as soon as possible after each monthly transfer | ||||||
| 7 | provided in this Section and after each deposit into the | ||||||
| 8 | Public Transportation Fund, shall order the Treasurer to pay | ||||||
| 9 | to the Authority out of the Public Transportation Fund the | ||||||
| 10 | amount so transferred or deposited. Any Additional State | ||||||
| 11 | Assistance and Additional Financial Assistance paid to the | ||||||
| 12 | Authority under this Section shall be expended by the | ||||||
| 13 | Authority for its purposes as provided in this Act. The | ||||||
| 14 | balance of the amounts paid to the Authority from the Public | ||||||
| 15 | Transportation Fund shall be expended by the Authority as | ||||||
| 16 | provided in Section 4.03.3. The Comptroller, as soon as | ||||||
| 17 | possible after each deposit into the Northern Illinois Transit | ||||||
| 18 | Authority Occupation and Use Tax Replacement Fund provided in | ||||||
| 19 | this Section, in Section 6z-17 of the State Finance Act, shall | ||||||
| 20 | order the Treasurer to pay to the Authority out of the Northern | ||||||
| 21 | Illinois Transit Authority Occupation and Use Tax Replacement | ||||||
| 22 | Fund the amount so deposited. Such amounts paid to the | ||||||
| 23 | Authority may be expended by it for its purposes as provided in | ||||||
| 24 | this Act. The provisions directing the distributions from the | ||||||
| 25 | Public Transportation Fund and the Northern Illinois Transit | ||||||
| 26 | Authority Occupation and Use Tax Replacement Fund provided for | ||||||
| |||||||
| |||||||
| 1 | in this Section shall constitute an irrevocable and continuing | ||||||
| 2 | appropriation of all amounts as provided herein. The State | ||||||
| 3 | Treasurer and State Comptroller are hereby authorized and | ||||||
| 4 | directed to make distributions as provided in this Section. | ||||||
| 5 | (2) Provided, however, no moneys deposited under | ||||||
| 6 | subsection (a) of this Section shall be paid from the Public | ||||||
| 7 | Transportation Fund to the Authority or its assignee for any | ||||||
| 8 | fiscal year until the Authority has certified to the Governor, | ||||||
| 9 | the Comptroller, and the Mayor of the City of Chicago that it | ||||||
| 10 | has adopted for that fiscal year an Annual Budget and 2-Year | ||||||
| 11 | Financial Plan meeting the requirements in Section 4.01(b). | ||||||
| 12 | (3) For the purposes of this Section, beginning in Fiscal | ||||||
| 13 | Year 2027, the General Assembly shall appropriate an amount | ||||||
| 14 | from the Public Transportation Fund equal to the sum total of | ||||||
| 15 | funds projected to be paid to the participants under Section 9 | ||||||
| 16 | of the Use Tax Act, Section 9 of the Service Use Tax Act, | ||||||
| 17 | Section 9 of the Service Occupation Tax Act, and Section 3 of | ||||||
| 18 | the Retailers' Occupation Tax Act. If the General Assembly | ||||||
| 19 | fails to make appropriations sufficient to cover the amounts | ||||||
| 20 | projected to be paid under Section 9 of the Use Tax Act, | ||||||
| 21 | Section 9 of the Service Use Tax Act, Section 9 of the Service | ||||||
| 22 | Occupation Tax Act and Section 3 of the Retailers' Occupation | ||||||
| 23 | Tax Act, then this Act shall constitute an irrevocable and | ||||||
| 24 | continuing appropriation from the Public Transportation Fund | ||||||
| 25 | of all amounts necessary for those purposes. | ||||||
| 26 | (c) In recognition of the efforts of the Authority to | ||||||
| ||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||
| 1 | enhance the mass transportation facilities under its control, | |||||||||||||||||||||||||||||||||||||||||
| 2 | the State shall provide financial assistance ("Additional | |||||||||||||||||||||||||||||||||||||||||
| 3 | State Assistance") in excess of the amounts transferred to the | |||||||||||||||||||||||||||||||||||||||||
| 4 | Authority from the General Revenue Fund under subsection (a) | |||||||||||||||||||||||||||||||||||||||||
| 5 | of this Section. Additional State Assistance shall be | |||||||||||||||||||||||||||||||||||||||||
| 6 | calculated as provided in subsection (d), but shall in no | |||||||||||||||||||||||||||||||||||||||||
| 7 | event exceed the following specified amounts with respect to | |||||||||||||||||||||||||||||||||||||||||
| 8 | the following State fiscal years: | |||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||
| 19 | (c-5) The State shall provide financial assistance | |||||||||||||||||||||||||||||||||||||||||
| 20 | ("Additional Financial Assistance") in addition to the | |||||||||||||||||||||||||||||||||||||||||
| 21 | Additional State Assistance provided by subsection (c) and the | |||||||||||||||||||||||||||||||||||||||||
| 22 | amounts transferred to the Authority from the General Revenue | |||||||||||||||||||||||||||||||||||||||||
| 23 | Fund under subsection (a) of this Section. Additional | |||||||||||||||||||||||||||||||||||||||||
| 24 | Financial Assistance provided by this subsection shall be | |||||||||||||||||||||||||||||||||||||||||
| 25 | calculated as provided in subsection (d), but shall in no | |||||||||||||||||||||||||||||||||||||||||
| 26 | event exceed the following specified amounts with respect to | |||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||
| 1 | the following State fiscal years: | |||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||
| 9 | (d) Beginning with State fiscal year 1990 and continuing | |||||||||||||||||||||||||||||
| 10 | for each State fiscal year thereafter, the Authority shall | |||||||||||||||||||||||||||||
| 11 | annually certify to the State Comptroller and State Treasurer, | |||||||||||||||||||||||||||||
| 12 | separately with respect to each of subdivisions (g)(2) and | |||||||||||||||||||||||||||||
| 13 | (g)(3) of Section 4.04 of this Act, the following amounts: | |||||||||||||||||||||||||||||
| 14 | (1) The amount necessary and required, during the | |||||||||||||||||||||||||||||
| 15 | State fiscal year with respect to which the certification | |||||||||||||||||||||||||||||
| 16 | is made, to pay its obligations for debt service on all | |||||||||||||||||||||||||||||
| 17 | outstanding bonds or notes issued by the Authority under | |||||||||||||||||||||||||||||
| 18 | subdivisions (g)(2) and (g)(3) of Section 4.04 of this | |||||||||||||||||||||||||||||
| 19 | Act. | |||||||||||||||||||||||||||||
| 20 | (2) An estimate of the amount necessary and required | |||||||||||||||||||||||||||||
| 21 | to pay its obligations for debt service for any bonds or | |||||||||||||||||||||||||||||
| 22 | notes which the Authority anticipates it will issue under | |||||||||||||||||||||||||||||
| 23 | subdivisions (g)(2) and (g)(3) of Section 4.04 during that | |||||||||||||||||||||||||||||
| 24 | State fiscal year. | |||||||||||||||||||||||||||||
| 25 | (3) Its debt service savings during the preceding | |||||||||||||||||||||||||||||
| 26 | State fiscal year from refunding or advance refunding of | |||||||||||||||||||||||||||||
| |||||||
| |||||||
| 1 | bonds or notes issued under subdivisions (g)(2) and (g)(3) | ||||||
| 2 | of Section 4.04. | ||||||
| 3 | (4) The amount of interest, if any, earned by the | ||||||
| 4 | Authority during the previous State fiscal year on the | ||||||
| 5 | proceeds of bonds or notes issued pursuant to subdivisions | ||||||
| 6 | (g)(2) and (g)(3) of Section 4.04, other than refunding or | ||||||
| 7 | advance refunding bonds or notes. | ||||||
| 8 | The certification shall include a specific schedule of | ||||||
| 9 | debt service payments, including the date and amount of each | ||||||
| 10 | payment for all outstanding bonds or notes and an estimated | ||||||
| 11 | schedule of anticipated debt service for all bonds and notes | ||||||
| 12 | it intends to issue, if any, during that State fiscal year, | ||||||
| 13 | including the estimated date and estimated amount of each | ||||||
| 14 | payment. | ||||||
| 15 | Immediately upon the issuance of bonds for which an | ||||||
| 16 | estimated schedule of debt service payments was prepared, the | ||||||
| 17 | Authority shall file an amended certification with respect to | ||||||
| 18 | item (2) above, to specify the actual schedule of debt service | ||||||
| 19 | payments, including the date and amount of each payment, for | ||||||
| 20 | the remainder of the State fiscal year. | ||||||
| 21 | On the first day of each month of the State fiscal year in | ||||||
| 22 | which there are bonds outstanding with respect to which the | ||||||
| 23 | certification is made, the State Comptroller shall order | ||||||
| 24 | transferred and the State Treasurer shall transfer from the | ||||||
| 25 | Road Fund to the Public Transportation Fund the Additional | ||||||
| 26 | State Assistance and Additional Financial Assistance in an | ||||||
| |||||||
| |||||||
| 1 | amount equal to the aggregate of (i) one-twelfth of the sum of | ||||||
| 2 | the amounts certified under items (1) and (3) above less the | ||||||
| 3 | amount certified under item (4) above, plus (ii) the amount | ||||||
| 4 | required to pay debt service on bonds and notes issued during | ||||||
| 5 | the fiscal year, if any, divided by the number of months | ||||||
| 6 | remaining in the fiscal year after the date of issuance, or | ||||||
| 7 | some smaller portion as may be necessary under subsection (c) | ||||||
| 8 | or (c-5) of this Section for the relevant State fiscal year, | ||||||
| 9 | plus (iii) any cumulative deficiencies in transfers for prior | ||||||
| 10 | months, until an amount equal to the sum of the amounts | ||||||
| 11 | certified under items (1) and (3) above, plus the actual debt | ||||||
| 12 | service certified under item (2) above, less the amount | ||||||
| 13 | certified under item (4) above, has been transferred; except | ||||||
| 14 | that these transfers are subject to the following limits: | ||||||
| 15 | (A) In no event shall the total transfers in any State | ||||||
| 16 | fiscal year relating to outstanding bonds and notes issued | ||||||
| 17 | by the Authority under subdivision (g)(2) of Section 4.04 | ||||||
| 18 | exceed the lesser of the annual maximum amount specified | ||||||
| 19 | in subsection (c) or the sum of the amounts certified | ||||||
| 20 | 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, with respect to those | ||||||
| 23 | bonds and notes. | ||||||
| 24 | (B) 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)(3) of Section 4.04 | ||||||
| |||||||
| |||||||
| 1 | exceed the lesser of the annual maximum amount specified | ||||||
| 2 | in subsection (c-5) 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 | The term "outstanding" does not include bonds or notes for | ||||||
| 8 | which refunding or advance refunding bonds or notes have been | ||||||
| 9 | issued. | ||||||
| 10 | (e) Neither Additional State Assistance nor Additional | ||||||
| 11 | Financial Assistance may be pledged, either directly or | ||||||
| 12 | indirectly as general revenues of the Authority, as security | ||||||
| 13 | for any bonds issued by the Authority. The Authority may not | ||||||
| 14 | assign its right to receive Additional State Assistance or | ||||||
| 15 | Additional Financial Assistance, or direct payment of | ||||||
| 16 | Additional State Assistance or Additional Financial | ||||||
| 17 | Assistance, to a trustee or any other entity for the payment of | ||||||
| 18 | debt service on its bonds. | ||||||
| 19 | (f) The certification required under subsection (d) with | ||||||
| 20 | respect to outstanding bonds and notes of the Authority shall | ||||||
| 21 | be filed as early as practicable before the beginning of the | ||||||
| 22 | State fiscal year to which it relates. The certification shall | ||||||
| 23 | be revised as may be necessary to accurately state the debt | ||||||
| 24 | service requirements of the Authority. | ||||||
| 25 | (g) (Blank). , and 2026 | ||||||
| 26 | (h) (Blank). | ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 103-281, eff. 1-1-24; 103-588, eff. 6-5-24; | ||||||
| 2 | 104-434, eff. 11-21-25; 104-457, eff. 6-1-26; revised 1-7-26.) | ||||||
| 3 | (70 ILCS 3615/5.05) (from Ch. 111 2/3, par. 705.05) | ||||||
| 4 | Sec. 5.05. Opt out. | ||||||
| 5 | (a) Notwithstanding any other provision of this Act, if | ||||||
| 6 | the County Board of the County of DuPage, Kane, Lake, McHenry, | ||||||
| 7 | or Will by ordinance authorizes that such county shall elect | ||||||
| 8 | to terminate the powers of the Authority and the Suburban Bus | ||||||
| 9 | Division in that County, the Secretary of such County Board | ||||||
| 10 | shall certify that proposition to the proper election | ||||||
| 11 | officials, who shall submit such proposition at an election in | ||||||
| 12 | accordance with the general election law to decide whether or | ||||||
| 13 | not the County shall opt out; and if a majority of the voters | ||||||
| 14 | voting upon the proposition is in favor of terminating the | ||||||
| 15 | powers of the Authority and the Suburban Bus Division those | ||||||
| 16 | powers shall be terminated. | ||||||
| 17 | The form of the ballot to be used at the referendum shall | ||||||
| 18 | be substantially as follows: | ||||||
| 19 | ---------------------------------
| ||||||
| 20 | Shall ..... County Terminate the
| ||||||
| 21 | Powers of the Northern Illinois YES
| ||||||
| 22 | Transit Authority and the Suburban Bus -------------
| ||||||
| 23 | Division in .... County NO
| ||||||
| 24 | on ..... (date)
| ||||||
| 25 | ------------------------------------------------------------- | ||||||
| |||||||
| |||||||
| 1 | If a majority of the voters vote in favor of terminating | ||||||
| 2 | the powers of the Authority and the Suburban Bus Division then | ||||||
| 3 | all of the powers of the Authority and the Suburban Bus | ||||||
| 4 | Division shall terminate in such county except those powers | ||||||
| 5 | and functions which the Authority determines to be necessary | ||||||
| 6 | to exercise with regard to: | ||||||
| 7 | (i) public transportation by commuter rail, and | ||||||
| 8 | related public transportation facilities; | ||||||
| 9 | (ii) public transportation other than by commuter rail | ||||||
| 10 | which is required in order to comply with federal or State | ||||||
| 11 | laws and regulations, and related public transportation | ||||||
| 12 | facilities; and | ||||||
| 13 | (iii) public transportation other than by commuter | ||||||
| 14 | rail provided by the Suburban Bus Division pursuant to | ||||||
| 15 | contract with the County or other governmental entity | ||||||
| 16 | therein, and related public transportation facilities. | ||||||
| 17 | (b) The termination of the powers of the Authority and the | ||||||
| 18 | Suburban Bus Division referred to in paragraph (a) of this | ||||||
| 19 | Section with respect to any County shall occur on approval of | ||||||
| 20 | the referendum by the electors provided on or prior to the date | ||||||
| 21 | of such termination, such County shall have: | ||||||
| 22 | (i) assumed the obligations of the Authority under all | ||||||
| 23 | laws, federal or State, and all contracts with respect to | ||||||
| 24 | public transportation or public transportation facilities | ||||||
| 25 | in such County, which statutory or contractual obligations | ||||||
| 26 | extend beyond the termination date provided for in | ||||||
| |||||||
| |||||||
| 1 | accordance with paragraph (c) of this Section provided | ||||||
| 2 | that such obligations shall not be deemed to include any | ||||||
| 3 | indebtedness of the Authority for borrowed money; | ||||||
| 4 | (ii) agreed to indemnify and hold harmless the | ||||||
| 5 | Authority against any and all claims, actions, and | ||||||
| 6 | liabilities arising out of or in connection with the | ||||||
| 7 | termination of the Authority's powers and functions | ||||||
| 8 | pursuant to paragraph (a) of this Section; and | ||||||
| 9 | (iii) taken or caused to be taken all necessary | ||||||
| 10 | actions and fulfilled or caused to be fulfilled all | ||||||
| 11 | requirements under federal and State laws, rules and | ||||||
| 12 | regulations with respect to such termination and any | ||||||
| 13 | related transfers of assets or liabilities of the | ||||||
| 14 | Authority. A County may, by mutual agreement with the | ||||||
| 15 | Authority, permit the Authority to fulfill one or more | ||||||
| 16 | contracts which by their terms extend beyond the | ||||||
| 17 | termination date provided for in accordance with paragraph | ||||||
| 18 | (c) of this Section, in which case the powers and | ||||||
| 19 | functions of the Authority in that County shall survive | ||||||
| 20 | only to the extent deemed necessary by the Authority to | ||||||
| 21 | fulfill said contract or contracts. The satisfaction of | ||||||
| 22 | the requirements provided for in this paragraph shall be | ||||||
| 23 | evidenced in such manner as the Authority may require. | ||||||
| 24 | (c) Following an election to terminate the powers of the | ||||||
| 25 | Authority and the Suburban Bus Division at a referendum held | ||||||
| 26 | under paragraph (a) of this Section the County Board shall | ||||||
| |||||||
| |||||||
| 1 | notify the Authority of the results of the referendum which | ||||||
| 2 | notice shall specify a termination date, which is the last day | ||||||
| 3 | of the calendar month, but no earlier than December 31, 1984. | ||||||
| 4 | Unless the termination date is extended by mutual agreement | ||||||
| 5 | between the County and the Authority, the termination of the | ||||||
| 6 | powers and functions of the Authority in the County shall | ||||||
| 7 | occur at midnight on the termination date, provided that the | ||||||
| 8 | requirements of this Section have been met. | ||||||
| 9 | (d) The proceeds of taxes imposed by the Authority under | ||||||
| 10 | Sections 4.03 and 4.03.1 collected after the termination date | ||||||
| 11 | within a County wherein the powers of the Authority and the | ||||||
| 12 | Suburban Bus Division have been terminated under this Section | ||||||
| 13 | shall be provided by the Authority to the Commuter Rail Board | ||||||
| 14 | to support services under the jurisdiction of the Commuter | ||||||
| 15 | Rail Board which are attributable to that County, as | ||||||
| 16 | determined by the Commuter Rail Board. Any proceeds which are | ||||||
| 17 | in excess of that necessary to support such services shall be | ||||||
| 18 | paid by the Authority to that County to be expended for general | ||||||
| 19 | transportation purposes in accordance with law. If no services | ||||||
| 20 | under the jurisdiction of the Commuter Rail Board are provided | ||||||
| 21 | in a County wherein the powers of the Authority have been | ||||||
| 22 | terminated under this Section, all proceeds of taxes imposed | ||||||
| 23 | by the Authority in the County shall be paid by the Authority | ||||||
| 24 | to the County to be expended for general transportation | ||||||
| 25 | purposes in accordance with law. The Authority or the Suburban | ||||||
| 26 | Bus Division has no obligation to see that the funds expended | ||||||
| |||||||
| |||||||
| 1 | under this paragraph by the County are spent for general | ||||||
| 2 | transportation purposes in accordance with law. | ||||||
| 3 | (Source: P.A. 104-457, eff. 6-1-26.) | ||||||
| 4 | (70 ILCS 3615/6.01) | ||||||
| 5 | (This Section may contain text from a Public Act with a | ||||||
| 6 | delayed effective date) | ||||||
| 7 | Sec. 6.01. Service standards. | ||||||
| 8 | (a) The Authority shall adopt service standards to guide | ||||||
| 9 | the provision of public transportation throughout the | ||||||
| 10 | metropolitan region. | ||||||
| 11 | (b) The service standards shall identify quantitative and | ||||||
| 12 | qualitative attributes of quality public transit service using | ||||||
| 13 | metrics drawn from the performance of high-quality transit | ||||||
| 14 | systems in global metropolitan areas with populations and | ||||||
| 15 | metropolitan economies comparable to the metropolitan region. | ||||||
| 16 | (c) The service standards shall include a framework that | ||||||
| 17 | describes the appropriate characteristics for each type of | ||||||
| 18 | service or mode. These characteristics include, but are not | ||||||
| 19 | limited to, mode, frequency, time span, vehicle type, stop | ||||||
| 20 | spacing, vehicle and stop amenities, network connectivity, | ||||||
| 21 | route directness, route deviation, and coverage of service. | ||||||
| 22 | Consideration shall be given to vehicle revenue hours, vehicle | ||||||
| 23 | revenue miles, passenger miles traveled, and unlinked | ||||||
| 24 | passenger trips. | ||||||
| 25 | (d) The service standards shall cover the entire | ||||||
| |||||||
| |||||||
| 1 | metropolitan region and include the development of transit | ||||||
| 2 | propensity thresholds for each type of service or mode. | ||||||
| 3 | Transit propensity metrics shall include, but are not limited | ||||||
| 4 | to, population density, employment density, low-income | ||||||
| 5 | populations, disabled populations, zero-car households, | ||||||
| 6 | intersection density, and the presence of sidewalks. The | ||||||
| 7 | Authority shall develop weights for each metric and a scoring | ||||||
| 8 | system to determine transit propensity. | ||||||
| 9 | (e) The service standards shall be adjusted as appropriate | ||||||
| 10 | to accommodate the addition of modes of public transportation | ||||||
| 11 | not currently being provided by the Authority, which may | ||||||
| 12 | include, but are not limited to: | ||||||
| 13 | (1) streetcars; | ||||||
| 14 | (2) light rail; | ||||||
| 15 | (3) full-scale bus rapid transit; | ||||||
| 16 | (4) a transition from commuter rail to regional rail | ||||||
| 17 | or a combination of commuter and regional rail; and | ||||||
| 18 | (5) electrified versions of current combustion engine | ||||||
| 19 | vehicle systems. | ||||||
| 20 | (f) A unit of local government may petition the Authority | ||||||
| 21 | to increase the level of transit service provided above what | ||||||
| 22 | would otherwise be provided through the service standards. The | ||||||
| 23 | Authority may develop plans and policies to assist units of | ||||||
| 24 | local government in identifying corridors where additional | ||||||
| 25 | service could be provided. | ||||||
| 26 | (g) The service standards shall include the transition of | ||||||
| |||||||
| |||||||
| 1 | commuter rail in the metropolitan region to a regional rail | ||||||
| 2 | service pattern or the retention of commuter rail with | ||||||
| 3 | additional regional rail service. | ||||||
| 4 | (h) Service standards and transit propensity thresholds | ||||||
| 5 | shall be developed, adopted by the board of directors, and | ||||||
| 6 | implemented by December 31, 2027. | ||||||
| 7 | (1) The development of such standards shall be done | ||||||
| 8 | cooperatively by staff of the Authority and the Service | ||||||
| 9 | Boards, including input from the bus and train operators | ||||||
| 10 | and train operating crews employed by the Service Boards. | ||||||
| 11 | (2) In developing and evaluating the service | ||||||
| 12 | standards, consideration shall be given to limitations | ||||||
| 13 | experienced by the Commuter Rail Division due to shared | ||||||
| 14 | infrastructure with freight rail. | ||||||
| 15 | (3) After service standards are implemented, the | ||||||
| 16 | Authority shall meet with each of the Service Boards at | ||||||
| 17 | least quarterly each year to ensure operations are | ||||||
| 18 | continuing effectively and to discuss issues or concerns | ||||||
| 19 | related to the service standards. | ||||||
| 20 | (4) The Board shall review and make adjustments to the | ||||||
| 21 | service standards in conjunction with its adoption of the | ||||||
| 22 | Authority's Strategic Plan. | ||||||
| 23 | (i) Until December 31, 2030, this Section shall only apply | ||||||
| 24 | to revenue generated by taxes under Section 4.03 and any funds | ||||||
| 25 | distributed to the Service Boards based on Section 4.03.3. | ||||||
| 26 | (j) Until December 31, 2030, the amount of funding | ||||||
| |||||||
| |||||||
| 1 | distributed to each Service Board under this Section shall be, | ||||||
| 2 | at a minimum, equal to the amount of funding distributed in | ||||||
| 3 | 2025 under Section 4.03.3 to each Service Board. If the | ||||||
| 4 | revenue generated under Section 4.03.3 4.03.03 in a year is | ||||||
| 5 | below that of 2025, then the amount of funding distributed to | ||||||
| 6 | each Service Board under this Section shall be reduced | ||||||
| 7 | proportionally. | ||||||
| 8 | (k) Following the implementation of service standards, the | ||||||
| 9 | Authority and the Service Boards, their chief executive | ||||||
| 10 | officers, and other employees as required shall, upon request | ||||||
| 11 | of the General Assembly, attend a minimum of one hearing | ||||||
| 12 | annually before an appropriations committee and a substantive | ||||||
| 13 | committee of the House of Representatives and an | ||||||
| 14 | appropriations committee and a substantive committee of the | ||||||
| 15 | Senate regarding the implementation and efficacy of service | ||||||
| 16 | standards and other issues as requested. These hearings may be | ||||||
| 17 | conducted in Chicago or Springfield or any other location | ||||||
| 18 | selected by the General Assembly. | ||||||
| 19 | (l) The Authority shall compile and publish reports | ||||||
| 20 | comparing the actual public transportation system performance | ||||||
| 21 | measured against the service standards. The performance | ||||||
| 22 | measures shall include customer-related performance data | ||||||
| 23 | measured by line, route, or subregion, as determined by the | ||||||
| 24 | Authority, including, but not limited to: | ||||||
| 25 | (1) travel times and on-time performance; | ||||||
| 26 | (2) ridership data; | ||||||
| |||||||
| |||||||
| 1 | (3) equipment failure rates; | ||||||
| 2 | (4) employee and customer safety; | ||||||
| 3 | (5) crowding; | ||||||
| 4 | (6) cleanliness of vehicles and stations; | ||||||
| 5 | (7) service productivity; and | ||||||
| 6 | (8) customer satisfaction. | ||||||
| 7 | The Service Boards shall prepare and submit to the | ||||||
| 8 | Authority the reports with regard to these performance | ||||||
| 9 | measures in the frequency and form required by the Authority. | ||||||
| 10 | The Authority shall compile and publish the reports on its | ||||||
| 11 | website on a regular basis, no less than monthly. The | ||||||
| 12 | Authority shall implement consistent data reporting standards. | ||||||
| 13 | (m) The service standards and performance measures shall | ||||||
| 14 | not be used as a basis for disciplinary action against any | ||||||
| 15 | employee of the Authority or a Service Board, except to the | ||||||
| 16 | extent that the collective bargaining agreements and | ||||||
| 17 | employment and disciplinary practices of the Authority or the | ||||||
| 18 | relevant Service Board provide for the action. | ||||||
| 19 | (Source: P.A. 104-457, eff. 6-1-26.) | ||||||
| 20 | (70 ILCS 3615/7.02) | ||||||
| 21 | (This Section may contain text from a Public Act with a | ||||||
| 22 | delayed effective date) | ||||||
| 23 | Sec. 7.02. Transition. | ||||||
| 24 | (a) The Authority shall provide for an orderly transition | ||||||
| 25 | of functions and responsibilities under this amendatory Act of | ||||||
| |||||||
| |||||||
| 1 | the 104th General Assembly through the development of a | ||||||
| 2 | transition plan. As soon as is reasonably feasible after the | ||||||
| 3 | effective date of this amendatory Act of the 104th General | ||||||
| 4 | Assembly and before September 1, 2026, the Department of | ||||||
| 5 | Transportation shall enter into a contract with a third party | ||||||
| 6 | to assist with the transition plan, including the transition | ||||||
| 7 | of certain functions between the Service Boards and the | ||||||
| 8 | Authority. This contract shall also include a study of the | ||||||
| 9 | functions outlined in subsection (f) (e) to inform the optimum | ||||||
| 10 | allocation of those functions to allow for the efficient | ||||||
| 11 | exercise by the Authority of the powers under this Act and the | ||||||
| 12 | Chicago Transit Authority Act, the Suburban Bus Division under | ||||||
| 13 | Article 3A, the Commuter Rail Division under Article 3B, and | ||||||
| 14 | the Chicago Transit Authority under the Chicago Transit | ||||||
| 15 | Authority Act. | ||||||
| 16 | (b) To assist the contracted third party and the | ||||||
| 17 | Authority, a Transition Working Group shall be established and | ||||||
| 18 | supported by the Authority that shall be consulted throughout | ||||||
| 19 | the transition process. | ||||||
| 20 | (1) The Transition Working Group shall be made up of | ||||||
| 21 | 15 members, comprised of representatives from the | ||||||
| 22 | Authority, each of the Service Boards, and at least one | ||||||
| 23 | member from a statewide labor organization recognized | ||||||
| 24 | under the National Labor Relations Act or the Railway | ||||||
| 25 | Labor Act, who reside and resides within the 6-county | ||||||
| 26 | metropolitan region of the Authority. | ||||||
| |||||||
| |||||||
| 1 | (2) The Transition Working Group shall meet regularly | ||||||
| 2 | with the Authority and the hired third party throughout | ||||||
| 3 | the duration of the contract to provide insight into the | ||||||
| 4 | workings of the Authority and Service Boards. | ||||||
| 5 | (3) As needed, the Transition Working Group shall | ||||||
| 6 | convene and assemble other necessary staff of the Service | ||||||
| 7 | Boards and the Authority to aid in the transition. | ||||||
| 8 | (4) The Authority shall appoint the members of the | ||||||
| 9 | Transition Working Group by October 1, 2026. | ||||||
| 10 | (c) The Service Boards shall work closely with the | ||||||
| 11 | Authority and provide all relevant data and information | ||||||
| 12 | necessary to complete the transition plan. The Authority shall | ||||||
| 13 | have access to and the right to examine and copy all books, | ||||||
| 14 | documents, papers, records, or other source data of a Service | ||||||
| 15 | Board relevant to any information submitted under this | ||||||
| 16 | Section. | ||||||
| 17 | (d) The Authority shall evaluate and propose a transition | ||||||
| 18 | plan for each of the following: | ||||||
| 19 | (1) Establishing a new process and coordination | ||||||
| 20 | between the Authority and the Service Boards to create the | ||||||
| 21 | 5-Year Capital Program. This process shall be established | ||||||
| 22 | by January 1, 2027. | ||||||
| 23 | (2) The creation of a universal fare instrument and | ||||||
| 24 | necessary coordination between the Authority and the | ||||||
| 25 | Service Boards. This process shall be established by July | ||||||
| 26 | 1, 2027. | ||||||
| |||||||
| |||||||
| 1 | (3) The transition from the NITA Law Enforcement Task | ||||||
| 2 | Force to a sworn law enforcement officer crime prevention | ||||||
| 3 | program on public transportation and a crime prevention | ||||||
| 4 | plan to protect public transportation employees and riders | ||||||
| 5 | in the metropolitan region, as required by Section | ||||||
| 6 | 2.11.10. | ||||||
| 7 | (e) As part of the development of the transition plan, the | ||||||
| 8 | Authority and the hired third party shall evaluate the | ||||||
| 9 | existing policy processes performed by the Authority and each | ||||||
| 10 | of the Service Boards and develop a process for efficient and | ||||||
| 11 | effective operations by both the Authority and the Service | ||||||
| 12 | Boards. | ||||||
| 13 | (f) As part of the development of the transition plan, the | ||||||
| 14 | hired third party shall evaluate: | ||||||
| 15 | (1) procurement, with special consideration given to | ||||||
| 16 | the consolidation of bulk fuel purchases, information | ||||||
| 17 | technology services, consulting contracts, and | ||||||
| 18 | subscriptions; | ||||||
| 19 | (2) service planning; | ||||||
| 20 | (3) grant administration; | ||||||
| 21 | (4) marketing; | ||||||
| 22 | (5) lobbying; | ||||||
| 23 | (6) communications, media, and graphic design; | ||||||
| 24 | (7) governmental and legislative affairs; and | ||||||
| 25 | (8) information technology. | ||||||
| 26 | As part of the development of the transit plan, the hired | ||||||
| |||||||
| |||||||
| 1 | third party shall evaluate procurement, with special | ||||||
| 2 | consideration given to the consolidation of bulk fuel | ||||||
| 3 | purchases, information technology services, consulting | ||||||
| 4 | contracts, and subscriptions of: | ||||||
| 5 | (1) service planning; | ||||||
| 6 | (2) grant administration; | ||||||
| 7 | (3) marketing; | ||||||
| 8 | (4) lobbying; | ||||||
| 9 | (5) communications, media, and graphics design; | ||||||
| 10 | (6) governmental and legislative affairs; and | ||||||
| 11 | (7) information technology. | ||||||
| 12 | (g) The hired third party shall evaluate existing | ||||||
| 13 | paratransit programs and produce recommendations for improved | ||||||
| 14 | coordination and service. The recommendations may include, but | ||||||
| 15 | are not limited to, improved coordination of paratransit and | ||||||
| 16 | accessible mainline transportation services, and other | ||||||
| 17 | measures to improve the customer and worker experience. These | ||||||
| 18 | recommendations shall be brought to the Board by January 1, | ||||||
| 19 | 2027 for review and approval. The Authority shall take action | ||||||
| 20 | on these recommendations no later than April 1, 2027 and | ||||||
| 21 | report back to the Board with progress by January 1, 2028. | ||||||
| 22 | (h) The Authority shall regularly report to the Board on | ||||||
| 23 | the status of the transition effort and make recommendations | ||||||
| 24 | for Board policies and actions. The Authority and the hired | ||||||
| 25 | third party shall prepare and convey a summary of their its | ||||||
| 26 | activities and produce a final report of the transition | ||||||
| |||||||
| |||||||
| 1 | activities already performed, future recommendations, and | ||||||
| 2 | relevant data for the General Assembly by July 1, 2027. | ||||||
| 3 | (i) The Authority shall implement the provisions of the | ||||||
| 4 | transition plan by ordinance no later than September 30, 2027 | ||||||
| 5 | July 1, 2027, notwithstanding any deadlines provided in this | ||||||
| 6 | Section, and the Service Boards shall take any corresponding | ||||||
| 7 | actions required. | ||||||
| 8 | (Source: P.A. 104-457, eff. 6-1-26.) | ||||||
| 9 | (70 ILCS 3615/7.03) | ||||||
| 10 | (This Section may contain text from a Public Act with a | ||||||
| 11 | delayed effective date) | ||||||
| 12 | Sec. 7.03. ADA Advisory Council. | ||||||
| 13 | (a) There is established an ADA Advisory Council. The | ||||||
| 14 | Board shall appoint at least 5 and not more than 15 members to | ||||||
| 15 | the ADA Advisory Council. | ||||||
| 16 | (b) The purpose of the ADA Advisory Council is to advise | ||||||
| 17 | the Board of the Authority of the impact of Authority | ||||||
| 18 | policies, programs, and public transportation services on | ||||||
| 19 | disabled transit riders within the metropolitan region and to | ||||||
| 20 | make recommendations for how to improve public transportation | ||||||
| 21 | in the metropolitan region. | ||||||
| 22 | (c) The Board shall strive to assemble an ADA Advisory | ||||||
| 23 | Council that is reflective of the diversity of the | ||||||
| 24 | metropolitan region, the users of the various modes of public | ||||||
| 25 | transportation, and the interests of the residents of the | ||||||
| |||||||
| |||||||
| 1 | region in a strong public transportation system. | ||||||
| 2 | (d) ADA Advisory Council members shall be appointed to | ||||||
| 3 | terms of 5 years, may be reappointed to serve multiple terms, | ||||||
| 4 | and may continue to serve after expiration of their terms | ||||||
| 5 | until their successors are appointed. | ||||||
| 6 | (e) The members of the ADA Advisory Council shall elect a | ||||||
| 7 | Chair, who shall preside over meetings, which shall occur | ||||||
| 8 | monthly or on such other schedule as is set by vote of the ADA | ||||||
| 9 | Advisory Council, and shall establish meeting agendas in | ||||||
| 10 | consultation with fellow ADA Advisory Council members and the | ||||||
| 11 | Authority. | ||||||
| 12 | (f) Meetings of the ADA Advisory Council shall be held in | ||||||
| 13 | compliance with the Open Meetings Act, and the public shall be | ||||||
| 14 | given an opportunity to attend and comment on matters | ||||||
| 15 | pertaining to the work of the ADA Advisory Council. | ||||||
| 16 | (g) The Authority shall designate one or more staff | ||||||
| 17 | liaisons to provide technical support for the ADA Advisory | ||||||
| 18 | Council and to facilitate direct communication between the ADA | ||||||
| 19 | Advisory Council and those in the Authority responsible for | ||||||
| 20 | delivering public transportation services. | ||||||
| 21 | (h) The ADA Advisory Council shall: | ||||||
| 22 | (1) review and comment on proposed Authority budgets, | ||||||
| 23 | financial plans, capital programs, fare policies, and | ||||||
| 24 | service standards; | ||||||
| 25 | (2) convey concerns pertaining to the quality, | ||||||
| 26 | efficiency, safety, accessibility, and equity of mainline | ||||||
| |||||||
| |||||||
| 1 | and paratransit public transportation services as they | ||||||
| 2 | impact disabled riders; | ||||||
| 3 | (3) assess the efficacy of Authority initiatives to | ||||||
| 4 | protect the safety of disabled riders on the public | ||||||
| 5 | transportation system; | ||||||
| 6 | (4) prepare and convey recommendations to the | ||||||
| 7 | Authority for how the Authority can improve the quality, | ||||||
| 8 | efficiency, and equity of public transportation service | ||||||
| 9 | for disabled riders in the metropolitan region; | ||||||
| 10 | (5) serve as a resource for connecting disabled riders | ||||||
| 11 | and disability advocacy organizations with those in the | ||||||
| 12 | Authority responsible for delivering public transportation | ||||||
| 13 | services; | ||||||
| 14 | (6) advocate for funding, policies, and laws that | ||||||
| 15 | shall improve public transportation in the metropolitan | ||||||
| 16 | region; and | ||||||
| 17 | (7) serve as a resource for Authority staff to discuss | ||||||
| 18 | proposed changes to services, policies, and technologies | ||||||
| 19 | affecting disabled transit riders before those changes are | ||||||
| 20 | implemented. | ||||||
| 21 | (i) The Authority shall provide adequate technical support | ||||||
| 22 | so the ADA Advisory Council can function effectively, provide | ||||||
| 23 | regular briefings briefing on service delivery issues and | ||||||
| 24 | other topics of interest for transit riders, make staff | ||||||
| 25 | responsible for delivery of public transportation services | ||||||
| 26 | accessible to the ADA Advisory Council, give the ADA Advisory | ||||||
| |||||||
| |||||||
| 1 | Council sufficient information and time to comment on proposed | ||||||
| 2 | plans and policies, and take into account the comments and | ||||||
| 3 | recommendations of the ADA Advisory Council before taking | ||||||
| 4 | action on initiatives that impact public transit riders. | ||||||
| 5 | (j) The Authority shall establish an Office of Disability | ||||||
| 6 | of Policy and Planning, whose initial responsibilities shall | ||||||
| 7 | include developing ADA-related training standards, complaint | ||||||
| 8 | and comment procedures, paratransit eligibility criteria, and | ||||||
| 9 | a regional Transit Accessibility Plan in collaboration with | ||||||
| 10 | the ADA Advisory Council Committee. | ||||||
| 11 | (k) Members of the ADA Advisory Council shall serve | ||||||
| 12 | without compensation but shall be entitled to reimbursement of | ||||||
| 13 | reasonable and necessary costs incurred in the performance of | ||||||
| 14 | their duties. | ||||||
| 15 | (l) (Blank). ADA Advisory Council members are subject to | ||||||
| 16 | public transportation usage requirements applicable to | ||||||
| 17 | Directors. | ||||||
| 18 | (Source: P.A. 104-457, eff. 6-1-26.) | ||||||
| 19 | (70 ILCS 3615/7.04) | ||||||
| 20 | (This Section may contain text from a Public Act with a | ||||||
| 21 | delayed effective date) | ||||||
| 22 | Sec. 7.04. Riders Advisory Council. | ||||||
| 23 | (a) There is established a Riders Advisory Council. The | ||||||
| 24 | Board shall appoint at least 5 and not more than 15 members to | ||||||
| 25 | the Riders Advisory Council. | ||||||
| |||||||
| |||||||
| 1 | (b) The purpose of the Riders Advisory Council is to | ||||||
| 2 | advise the Board of the Authority on the impact of Authority | ||||||
| 3 | policies, programs, and public transportation services on | ||||||
| 4 | transit riders within the metropolitan region and to make | ||||||
| 5 | recommendations for how to improve public transportation in | ||||||
| 6 | the metropolitan region. | ||||||
| 7 | (c) The Board shall strive to assemble a Riders Advisory | ||||||
| 8 | Council that is reflective of the diversity of the | ||||||
| 9 | metropolitan region, the users of the various modes of public | ||||||
| 10 | transportation, and the interests of the residents of the | ||||||
| 11 | region in a strong public transportation system. | ||||||
| 12 | (d) Members of the Riders Advisory Council shall be | ||||||
| 13 | appointed to terms of 5 years, may be reappointed to serve | ||||||
| 14 | multiple terms, and may continue to serve after expiration of | ||||||
| 15 | their terms until their successors are appointed. | ||||||
| 16 | (e) The members of the Riders Advisory Council shall elect | ||||||
| 17 | a Chair, who shall preside over meetings, which shall occur | ||||||
| 18 | monthly or on such other schedule as is set by vote of the | ||||||
| 19 | Riders Advisory Council, and shall establish meeting agendas | ||||||
| 20 | in consultation with fellow Riders Advisory Council members | ||||||
| 21 | and the Authority. | ||||||
| 22 | (f) Meetings of the Riders Advisory Council shall be held | ||||||
| 23 | in compliance with the Open Meetings Act, and the public shall | ||||||
| 24 | be given an opportunity to attend and comment on matters | ||||||
| 25 | pertaining to the work of the Riders Advisory Council. | ||||||
| 26 | (g) The Authority shall designate one or more staff | ||||||
| |||||||
| |||||||
| 1 | liaisons to provide technical support for the Riders Advisory | ||||||
| 2 | Council and to facilitate direct communication between the | ||||||
| 3 | Riders Advisory Council and those in the Authority responsible | ||||||
| 4 | for delivering public transportation services. | ||||||
| 5 | (h) The Riders Advisory Council shall: | ||||||
| 6 | (1) review and comment on proposed Authority budgets, | ||||||
| 7 | financial plans, capital programs, fare policies, and | ||||||
| 8 | service standards; | ||||||
| 9 | (2) convey rider concerns pertaining to the quality, | ||||||
| 10 | efficiency, safety, accessibility, and equity of public | ||||||
| 11 | transportation services; | ||||||
| 12 | (3) assess the efficacy of Authority initiatives to | ||||||
| 13 | protect the safety of riders on the public transportation | ||||||
| 14 | system; | ||||||
| 15 | (4) prepare and convey recommendations to the | ||||||
| 16 | Authority for how the Authority can improve the quality, | ||||||
| 17 | efficiency, and equity of public transportation service in | ||||||
| 18 | the metropolitan region; | ||||||
| 19 | (5) serve as a resource for connecting riders and | ||||||
| 20 | rider advocacy organizations with those in the Authority | ||||||
| 21 | responsible for delivering public transportation services; | ||||||
| 22 | (6) advocate for funding, policies, and laws that | ||||||
| 23 | shall improve public transportation in the metropolitan | ||||||
| 24 | region; and | ||||||
| 25 | (7) serve as a resource for Authority staff to discuss | ||||||
| 26 | proposed changes to services, policies, and technologies | ||||||
| |||||||
| |||||||
| 1 | affecting transit riders before those changes are | ||||||
| 2 | implemented Implemented. | ||||||
| 3 | (i) The Authority shall provide adequate technical support | ||||||
| 4 | so the Riders Advisory Council can function effectively, | ||||||
| 5 | provide regular briefings briefing on service delivery issues | ||||||
| 6 | and other topics of interest for transit riders, make staff | ||||||
| 7 | responsible for delivery of public transportation services | ||||||
| 8 | accessible to the Riders Advisory Council, give the Riders | ||||||
| 9 | Advisory Council sufficient information and time to comment on | ||||||
| 10 | proposed plans and policies, and take into account the | ||||||
| 11 | comments and recommendations of the Riders Advisory Council | ||||||
| 12 | before taking action on initiatives that impact public transit | ||||||
| 13 | riders. | ||||||
| 14 | (j) Members of the Riders Advisory Council shall serve | ||||||
| 15 | without compensation but shall be entitled to reimbursement of | ||||||
| 16 | reasonable and necessary costs incurred in the performance of | ||||||
| 17 | their duties. | ||||||
| 18 | (k) (Blank). Riders Advisory Council members are subject | ||||||
| 19 | to public transportation system usage requirements applicable | ||||||
| 20 | to Directors. | ||||||
| 21 | (Source: P.A. 104-457, eff. 6-1-26.) | ||||||
| 22 | Section 55. The Regional Transportation Authority Act is | ||||||
| 23 | amended by adding Section 3.01.05 as follows: | ||||||
| 24 | (70 ILCS 3615/3.01.05 new) | ||||||
| |||||||
| |||||||
| 1 | Sec. 3.01.05. Board of Directors. Beginning September 1, | ||||||
| 2 | 2026, the corporate authorities and governing and | ||||||
| 3 | administrative body of the Authority shall be a Board | ||||||
| 4 | consisting of 20 Directors appointed as follows: | ||||||
| 5 | (a) Five Directors appointed by the Mayor of the City of | ||||||
| 6 | Chicago, with the advice and consent of the City Council of the | ||||||
| 7 | City of Chicago. Each Director shall reside in the City of | ||||||
| 8 | Chicago. Directors appointed under this subsection shall | ||||||
| 9 | include: | ||||||
| 10 | (1) one Director with an initial term of 5 years who | ||||||
| 11 | shall serve as a member of the Board of the Chicago Transit | ||||||
| 12 | Authority; | ||||||
| 13 | (2) one Director with an initial term of 3 years who | ||||||
| 14 | shall serve as a member of the Board of the Chicago Transit | ||||||
| 15 | Authority; | ||||||
| 16 | (3) one Director with an initial term of 5 years who | ||||||
| 17 | shall serve as a director of the Suburban Bus Board; | ||||||
| 18 | (4) one Director with an initial term of 3 years who | ||||||
| 19 | shall serve as a director of the Commuter Rail Board; and | ||||||
| 20 | (5) one Director with an initial term of 5 years. | ||||||
| 21 | (a-5) Five Directors appointed by the Governor of the | ||||||
| 22 | State of Illinois with the advice and consent of the Senate. | ||||||
| 23 | Each Director appointed under this subsection shall reside in | ||||||
| 24 | the metropolitan region. Directors appointed under this | ||||||
| 25 | subsection shall include: | ||||||
| 26 | (1) one Director with an initial term of 5 years who | ||||||
| |||||||
| |||||||
| 1 | shall serve as a member of the Board of the Chicago Transit | ||||||
| 2 | Authority; | ||||||
| 3 | (2) one Director with an initial term of 3 years who | ||||||
| 4 | shall serve as a director of the Suburban Bus Board; | ||||||
| 5 | (3) one Director appointed by the Governor, with the | ||||||
| 6 | advice and consent of the Senate, with an initial term of 5 | ||||||
| 7 | years who shall serve as a director of the Commuter Rail | ||||||
| 8 | Board; | ||||||
| 9 | (4) one Director with an initial term of 5 years; and | ||||||
| 10 | (5) one Director with an initial term of 3 years. | ||||||
| 11 | (b) Five Directors appointed by the President of the Cook | ||||||
| 12 | County Board of Commissioners, with the advice and consent of | ||||||
| 13 | the Cook County Board of Commissioners, including: | ||||||
| 14 | (1) one Director representing those communities in | ||||||
| 15 | Cook County that are outside of the City of Chicago and | ||||||
| 16 | north of Devon Avenue who shall reside in the area the | ||||||
| 17 | Director represents, serve an initial term of 3 years, and | ||||||
| 18 | serve as a director of the Suburban Bus Board; | ||||||
| 19 | (2) one Director representing those communities in | ||||||
| 20 | Cook County that are outside of the City of Chicago, south | ||||||
| 21 | of Devon Avenue, and north of Interstate 55, and in | ||||||
| 22 | addition the Village of Summit who shall reside in the | ||||||
| 23 | area the Director represents, serve an initial term of 5 | ||||||
| 24 | years, and serve as a director of the Suburban Bus Board; | ||||||
| 25 | (3) one Director representing those communities in | ||||||
| 26 | Cook County that are outside of the City of Chicago, south | ||||||
| |||||||
| |||||||
| 1 | of Interstate 55, and west of the Interstate 57, excluding | ||||||
| 2 | the communities of Summit, Dixmoor, Posen, Robbins, | ||||||
| 3 | Midlothian, Oak Forest, and Tinley Park who shall reside | ||||||
| 4 | in the area the Director represents, serve an initial term | ||||||
| 5 | of 3 years, and serve as a director of the Commuter Rail | ||||||
| 6 | Board; | ||||||
| 7 | (4) one Director representing those communities in | ||||||
| 8 | Cook County that are outside of the City of Chicago and | ||||||
| 9 | east of Interstate 57, and, in addition, the communities | ||||||
| 10 | of Dixmoor, Posen, Robbins, Midlothian, Oak Forest, and | ||||||
| 11 | Tinley Park who shall reside in the area the Director | ||||||
| 12 | represents, serve an initial term of 5 years, and serve as | ||||||
| 13 | a director of the Commuter Rail Board; and | ||||||
| 14 | (5) one Director with an initial term of 3 years who | ||||||
| 15 | shall serve as a member of the Board of the Chicago Transit | ||||||
| 16 | Authority. | ||||||
| 17 | (b-5) Five Directors appointed by the chairs of the county | ||||||
| 18 | boards of Kane, Lake, McHenry, DuPage, and Will counties. Each | ||||||
| 19 | chair shall appoint one Director for the chair's county, with | ||||||
| 20 | the advice and consent of the chair's county board. Each | ||||||
| 21 | Director shall reside in the county from which the Director is | ||||||
| 22 | appointed. Directors appointed under this subsection shall | ||||||
| 23 | include: | ||||||
| 24 | (1) one Director appointed by the Chairman of the | ||||||
| 25 | DuPage County Board with an initial term of 5 years who | ||||||
| 26 | shall serve as a director of the Suburban Bus Board; | ||||||
| |||||||
| |||||||
| 1 | (2) one Director appointed by the Chairman of the Kane | ||||||
| 2 | County Board with an initial term of 3 years who shall | ||||||
| 3 | serve as a director of the Suburban Bus Board; | ||||||
| 4 | (3) one Director appointed by the Chairman of the Lake | ||||||
| 5 | County Board with an initial term of 3 years who shall | ||||||
| 6 | serve as a director of the Commuter Rail Board; | ||||||
| 7 | (4) one Director appointed by the Chairman of the | ||||||
| 8 | McHenry County Board with an initial term of 5 years who | ||||||
| 9 | shall serve as a director of the Commuter Rail Board; and | ||||||
| 10 | (5) one Director appointed by the County Executive of | ||||||
| 11 | Will County Board who shall reside in Will County, serve | ||||||
| 12 | an initial term of 3 years, and serve as a director of the | ||||||
| 13 | Suburban Bus Board. | ||||||
| 14 | (b-7) Initial appointments of members under subsection (a) | ||||||
| 15 | must be made in time for the members to begin their terms on | ||||||
| 16 | September 1, 2026. | ||||||
| 17 | (b-10) On September 1, 2026, the terms of all directors | ||||||
| 18 | serving on the effective date of this amendatory Act of the | ||||||
| 19 | 104th General Assembly and of any directors appointed to fill | ||||||
| 20 | a vacancy shall immediately expire. If a vacancy on the Board | ||||||
| 21 | occurs before September 1, 2026, then the vacancy shall be | ||||||
| 22 | filled under Section 3.03. Directors serving on the effective | ||||||
| 23 | date of this amendatory Act of the 104th General Assembly may | ||||||
| 24 | be reappointed. | ||||||
| 25 | (b-15) Directors have been appointed when appointments are | ||||||
| 26 | filed with and accepted by the Secretary of State in | ||||||
| |||||||
| |||||||
| 1 | accordance with subsection (g). The initial Directors | ||||||
| 2 | appointed after the effective date of this amendatory Act of | ||||||
| 3 | the 104th General Assembly shall serve terms of office | ||||||
| 4 | beginning on September 1, 2026. All appointments requiring | ||||||
| 5 | advice and consent of the Senate shall comply with the | ||||||
| 6 | appointment provisions of Section 9 of Article V of the | ||||||
| 7 | Illinois Constitution, including the requirement that the | ||||||
| 8 | Senate be given 60 session days after receipt of a nomination | ||||||
| 9 | to confirm the appointment. | ||||||
| 10 | (b-20) On the first meeting of the Board of Directors | ||||||
| 11 | after September 1, 2026, the Board of Directors shall, by | ||||||
| 12 | majority vote, elect a Director to serve as Chair of the Board. | ||||||
| 13 | All subsequent Chairs of the Board shall be elected by a | ||||||
| 14 | majority vote by the Directors of the Board from among the | ||||||
| 15 | Directors. | ||||||
| 16 | (b-25) The subsequent terms of each Director appointed | ||||||
| 17 | after September 1, 2026 shall be 5 years. | ||||||
| 18 | (c) (Blank). | ||||||
| 19 | (d) (Blank). | ||||||
| 20 | (e) (Blank). | ||||||
| 21 | (f) Except as otherwise provided by this Act, no Director | ||||||
| 22 | shall, while serving as such, be an officer, member of the | ||||||
| 23 | Board of Directors or Trustees, an employee of any Service | ||||||
| 24 | Board or Transportation Agency, or an employee of the State, | ||||||
| 25 | any department or agency of the State, or any municipality, | ||||||
| 26 | county, or other unit of local government or receive any | ||||||
| |||||||
| |||||||
| 1 | compensation from any elected or appointed office under the | ||||||
| 2 | Constitution and laws of Illinois; except that a Director may | ||||||
| 3 | be a member of a school board, a member of the National Guard, | ||||||
| 4 | or, if the Director is also a member of the Suburban Bus Board, | ||||||
| 5 | an elected officer of a municipality. | ||||||
| 6 | (g) Each appointment made under this Section and under | ||||||
| 7 | Section 3.03 shall be certified by the appointing authority | ||||||
| 8 | and filed with the Secretary of State and the Secretary of the | ||||||
| 9 | Board. The Secretary of the Board shall maintain the | ||||||
| 10 | certifications as part of the official records of the | ||||||
| 11 | Authority. | ||||||
| 12 | (h) (Blank). | ||||||
| 13 | (i) Directors shall have diverse and substantial relevant | ||||||
| 14 | experience and expertise for overseeing the planning, | ||||||
| 15 | operation, and funding of a regional transportation system, | ||||||
| 16 | including, but not limited to, backgrounds in urban and | ||||||
| 17 | regional planning, management of large capital projects, labor | ||||||
| 18 | and workforce development, business management, public | ||||||
| 19 | administration, transportation, and community organizations. | ||||||
| 20 | (j) Those responsible for appointing Directors shall | ||||||
| 21 | strive to assemble a set of Directors that, to the greatest | ||||||
| 22 | extent possible, reflects the ethnic, cultural, economic, | ||||||
| 23 | racial, and geographic diversity of the metropolitan region. | ||||||
| 24 | (70 ILCS 3615/3B.14.5 rep.) | ||||||
| 25 | Section 60. The Regional Transportation Authority Act is | ||||||
| |||||||
| |||||||
| 1 | amended by repealing Section 3B.14.5. | ||||||
| 2 | Article 99. | ||||||
| 3 | Section 99-95. No acceleration or delay. Where this Act | ||||||
| 4 | makes changes in a statute that is represented in this Act by | ||||||
| 5 | text that is not yet or no longer in effect (for example, a | ||||||
| 6 | Section represented by multiple versions), the use of that | ||||||
| 7 | text does not accelerate or delay the taking effect of (i) the | ||||||
| 8 | changes made by this Act or (ii) provisions derived from any | ||||||
| 9 | other Public Act. | ||||||
| 10 | Section 99-99. Effective date. This Act takes effect June | ||||||
| 11 | 1, 2026.". | ||||||
