Bill Amendment: IL HB2963 | 2025-2026 | 104th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: METRO & REGIONAL TRANSIT AUTH

Status: 2025-05-09 - Added Chief Co-Sponsor Rep. Hoan Huynh [HB2963 Detail]

Download: Illinois-2025-HB2963-House_Amendment_001.html

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Rep. Marcus C. Evans, Jr.

Filed: 3/18/2025

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AMENDMENT TO HOUSE BILL 2963
AMENDMENT NO. ______. Amend House Bill 2963 by replacing
everything after the enacting clause with the following:
"Section 1. Short title. This Act may be cited as the
Illinois Road Usage Charge Act.
Section 5. Findings.
(a) The General Assembly finds and declares that an
efficient and safe transportation system is critical for
Illinois' economy and quality of life. The revenue currently
available for highways and local roads is not adequate to
preserve and maintain existing infrastructure and to provide
funds for improvements that would incorporate safety factors,
eliminate travel related injuries and fatalities, reduce
congestion, and improve service.
(b) The General Assembly further recognizes that the gas
tax is an ineffective mechanism for meeting Illinois'

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long-term revenue needs because it will steadily generate less
revenue as cars become more fuel efficient and alternative
sources of fuel are identified.
(c) The General Assembly further recognizes that other
states have begun to explore the potential for a road usage
charge to replace traditional motor fuel taxes, including the
State of Oregon, which established the first permanent road
user charge program in the nation. Road usage charging is a
policy whereby motorists pay for the use of the roadway
network based on the distance they travel. Drivers pay the
same rate per mile driven, regardless of what part of the
roadway network they use.
(d) The General Assembly, therefore, finds that experience
to date in other states across the nation demonstrates that
mileage-based charges can be implemented in a way that ensures
data security and maximum privacy protection for drivers. It
is important that Illinois begins to explore alternative
revenue sources that may be implemented in lieu of the
antiquated motor fuel tax structure now in place.
Section 10. Definitions.
"Committee" means the Road Usage Charge Advisory
Committee.
"Department" means the Department of Transportation.
"Pilot Program" means the Road Usage Charge Pilot Program.

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Section 15. Road Usage Charge Advisory Committee.
(a) The Road Usage Charge Advisory Committee is
established to guide the development and evaluation of the
road usage charge pilot program to assess the potential for
mileage-based revenue as an alternative to the current system
of taxing highway use through motor fuel taxes.
(b) The Committee shall consist of 10 members as follows:
(1) the Secretary of Transportation or the Secretary's
designee;
(2) the Executive Director of the Chicago Metropolitan
Agency for Planning or the Executive Director's designee;
(3) one member appointed by the Senate President;
(4) one member appointed by the Speaker of the House
of Representatives;
(5) one member appointed by the chair of the standing
committee of the Senate having primary jurisdiction over
transportation;
(6) one member appointed by the standing committee of
the House of Representatives having primary jurisdiction
over transportation; and
(7) four members appointed by the Governor.
(c) The Committee shall:
(1) conduct at least 3 public hearings to gather
public comment on issues and concerns related to the pilot
program;
(2) make recommendations to the Department to

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establish the rules necessary for implementation of the
pilot program, including a process for selecting
volunteers, mileage reporting requirements, and privacy
standards;
(3) make recommendations to the Department on the
criteria to be used to evaluate the pilot program; and
(4) evaluate the pilot program.
(d) On request, the Department shall assist the Committee
in implementing this Section.
Section 20. Pilot program.
(a) The Department, in consultation with the Secretary of
State and based on the recommendations of the Committee, shall
develop and implement a statewide pilot program by January 1,
2026 to assess a user fee on owners of motor vehicles that is
based on the number of miles traveled on public roadways in
this State by those vehicles.
(b) The pilot program must:
(1) include at least 1,000 motor vehicles;
(2) analyze alternative means of collecting road usage
data, including at least one alternative that does not
rely on electronic vehicle location data;
(3) test the reliability, ease of use, cost, and
public acceptance of technology and methods for:
(A) counting the number of miles traveled by motor
vehicles;

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(B) reporting the number of miles traveled by
particular vehicles; and
(C) collecting payments from participants in the
pilot program;
(4) analyze and evaluate the ability of different
technologies and methods to:
(A) protect the integrity of data collected and
reported;
(B) ensure operators' privacy; and
(C) vary pricing based on the time of driving and
type of public highway;
(5) evaluate the enforceability of the road usage
charge and opportunities for operators to evade or
manipulate the fee;
(6) evaluate the impact of the road usage charge on
equity; and
(7) provide special consideration for privacy,
including:
(A) collecting a minimum amount of personal
information, including location tracking information,
necessary to implement the pilot program; and
(B) ensuring that processes for collecting,
managing, storing, transmitting, and destroying data
are in place to protect the integrity of the data and
safeguard the privacy of drivers.
(c) The Department shall ensure that participants in the

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pilot program:
(1) are included only on a voluntary basis; and
(2) represent a variety of motor vehicle operators,
including operators of passenger vehicles, commercial
motor vehicles, and electric vehicles.
(d) The pilot program may not last less than one year.
Section 25. Compensation of participants. The Department
shall establish, by rule, a process to ensure that
participants in the pilot program are not required to spend
more on fees or taxes associated with road usage than if they
had not participated in the program. A process adopted under
this Section may include a refund of motor fuel taxes paid by
the participant or other compensation.
Section 30. Report. Not later than 18 months after the
implementation of the pilot program, the Department, working
in conjunction with the Committee, shall submit to the General
Assembly a report summarizing the results of the pilot
program, including:
(1) the feasibility of permanently assessing a vehicle
mileage user fee;
(2) the cost of the program;
(3) privacy concerns and perceptions;
(4) data collection technology, including a discussion
of the advantages and disadvantages of various types of

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data collection equipment and the privacy implications and
consideration of the equipment;
(5) security and compliance, including a discussion of
processes and security measures necessary to minimize
fraud and tax evasion rates; and
(6) the Department's recommendations together with
suggested legislation necessary to implement the
recommendations.
Section 100. The Metropolitan Transit Authority Act is
amended by changing Sections 12a, 12b, 12c, 19, 20, 22, 23,
28a, and 34 as follows:
(70 ILCS 3605/12a) (from Ch. 111 2/3, par. 312a)
Sec. 12a. (a) In addition to other powers provided in
Section 12b, the Authority may issue its notes from time to
time, in anticipation of tax receipts of the Regional
Transportation Authority allocated to the Authority or of
other revenues or receipts of the Authority, in order to
provide money for the Authority to cover any cash flow deficit
which the Authority anticipates incurring. Provided, however,
that no such notes may be issued unless the annual cost thereof
is incorporated in a budget or revised budget of the Authority
which has been approved by the Regional Transportation
Authority. Any such notes are referred to as "Working Cash
Notes". Provided further that, the board shall not issue and

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have outstanding or demand and direct that the Board of the
Regional Transportation Authority issue and have outstanding
more than an aggregate of $40,000,000 in Working Cash Notes.
No Working Cash Notes shall be issued for a term of longer than
18 months. Proceeds of Working Cash Notes may be used to pay
day to day operating expenses of the Authority, consisting of
wages, salaries and fringe benefits, professional and
technical services (including legal, audit, engineering and
other consulting services), office rental, furniture, fixtures
and equipment, insurance premiums, claims for self-insured
amounts under insurance policies, public utility obligations
for telephone, light, heat and similar items, travel expenses,
office supplies, postage, dues, subscriptions, public hearings
and information expenses, fuel purchases, and payments of
grants and payments under purchase of service agreements for
operations of transportation agencies, prior to the receipt by
the Authority from time to time of funds for paying such
expenses. Proceeds of the Working Cash Notes shall not be used
(i) to increase or provide a debt service reserve fund for any
bonds or notes other than Working Cash Notes of the same
Series, or (ii) to pay principal of or interest or redemption
premium on any capital bonds or notes, whether as such amounts
become due or by earlier redemption, issued by the Authority
or a transportation agency to construct or acquire public
transportation facilities, or to provide funds to purchase
such capital bonds or notes.

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(b) The ordinance providing for the issuance of any such
notes shall fix the date or dates of maturity, the dates on
which interest is payable, any sinking fund account or reserve
fund account provisions and all other details of such notes
and may provide for such covenants or agreements necessary or
desirable with regard to the issue, sale and security of such
notes. The Authority shall determine and fix the rate or rates
of interest of its notes issued under this Act in an ordinance
adopted by the Board prior to the issuance thereof, none of
which rates of interest shall exceed that permitted in the
Bond Authorization Act. Interest may be payable annually or
semi-annually, or at such other times as determined by the
Board. Notes issued under this Section may be issued as serial
or term obligations, shall be of such denomination or
denominations and form, including interest coupons to be
attached thereto, be executed in such manner, shall be payable
at such place or places and bear such date as the Board shall
fix by the ordinance authorizing such note and shall mature at
such time or times, within a period not to exceed 18 months
from the date of issue, and may be redeemable prior to maturity
with or without premium, at the option of the Board, upon such
terms and conditions as the Board shall fix by the ordinance
authorizing the issuance of such notes. The Board may provide
for the registration of notes in the name of the owner as to
the principal alone or as to both principal and interest, upon
such terms and conditions as the Board may determine. The

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ordinance authorizing notes may provide for the exchange of
such notes which are fully registered, as to both principal
and interest, with notes which are registerable as to
principal only. All notes issued under this Section by the
Board shall be sold at a price which may be at a premium or
discount but such that the interest cost (excluding any
redemption premium) to the Board of the proceeds of an issue of
such notes, computed to stated maturity according to standard
tables of bond values, shall not exceed that permitted in the
Bond Authorization Act. Such notes shall be sold at such time
or times as the Board shall determine. The notes may be sold
either upon competitive bidding or by negotiated sale (without
any requirement of publication of intention to negotiate the
sale of such notes), as the Board shall determine by ordinance
adopted with the affirmative votes of at least 4 Directors,
prior to February 1, 2026, and with the affirmative votes of at
least 5 Directors, beginning February 1, 2026. In case any
officer whose signature appears on any notes or coupons
authorized pursuant to this Section shall cease to be such
officer before delivery of such notes, such signature shall
nevertheless be valid and sufficient for all purposes, the
same as if such officer had remained in office until such
delivery. Neither the Directors of the Regional Transportation
Authority, the Directors of the Authority nor any person
executing any bonds or notes thereof shall be liable
personally on any such bonds or notes or coupons by reason of

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the issuance thereof.
(c) All notes of the Authority issued pursuant to this
Section shall be general obligations of the Authority to which
shall be pledged the full faith and credit of the Authority, as
provided in this Section. Such notes shall be secured as
provided in the authorizing ordinance, which may,
notwithstanding any other provision of this Act, include in
addition to any other security, a specific pledge or
assignment of and lien on or security interest in any or all
tax receipts of the Regional Transportation Authority
allocated to the Authority and on any or all other revenues or
moneys of the Authority from whatever source which may by law
be utilized for debt service purposes and a specific pledge or
assignment of and lien on or security interest in any funds or
accounts established or provided for by the ordinance of the
Board authorizing the issuance of such notes. Any such pledge,
assignment, lien or security interest for the benefit of
holders of notes of the Authority shall be valid and binding
from the time the notes are issued without any physical
delivery or further act, and shall be valid and binding as
against and prior to the claims of all other parties having
claims of any kind against the Authority or any other person
irrespective of whether such other parties have notice of such
pledge, assignment, lien or security interest. The obligations
of the Authority incurred pursuant to this Section shall be
superior to and have priority over any other obligations of

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the Authority except for obligations under Section 12. The
Board may provide in the ordinance authorizing the issuance of
any notes issued pursuant to this Section for the creation of,
deposits in, and regulation and disposition of sinking fund or
reserve accounts relating to such notes. The ordinance
authorizing the issuance of any notes pursuant to this Section
may contain provisions as part of the contract with the
holders of the notes, for the creation of a separate fund to
provide for the payment of principal and interest on such
notes and for the deposit in such fund from any or all the tax
receipts of the Regional Transportation Authority allocated to
the Authority and from any or all such other moneys or revenues
of the Authority from whatever source which may by law be
utilized for debt service purposes, all as provided in such
ordinance, of amounts to meet the debt service requirements on
such notes, including principal and interest, and any sinking
fund or reserve fund account requirements as may be provided
by such ordinance, and all expenses incident to or in
connection with such fund and accounts or the payment of such
notes. Such ordinance may also provide limitations on the
issuance of additional notes of the Authority. No such notes
of the Authority shall constitute a debt of the State of
Illinois.
(d) The ordinance of the Board authorizing the issuance of
any notes may provide additional security for such notes by
providing for appointment of a corporate trustee (which may be

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any trust company or bank having the powers of a trust company
within the State) with respect to such notes. The ordinance
shall prescribe the rights, duties and powers of the trustee
to be exercised for the benefit of the Authority and the
protection of the holders of such notes. The ordinance may
provide for the trustee to hold in trust, invest and use
amounts in funds and accounts created as provided by the
ordinance with respect to the notes. The ordinance shall
provide that amounts so paid to the trustee which are not
required to be deposited, held or invested in funds and
accounts created by the ordinance with respect to notes or
used for paying notes to be paid by the trustee to the
Authority.
(e) Any notes of the Authority issued pursuant to this
Section shall constitute a contract between the Authority and
the holders from time to time of such notes. In issuing any
note, the Board may include in the ordinance authorizing such
issue a covenant as part of the contract with the holders of
the notes, that as long as such obligations are outstanding,
it shall make such deposits, as provided in paragraph (c) of
this Section. A certified copy of the ordinance authorizing
the issuance of any such obligations shall be filed at or prior
to the issuance of such obligations with the Regional
Transportation Authority, Comptroller of the State of Illinois
and the Illinois Department of Revenue.
(f) The State of Illinois pledges to and agrees with the

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holders of the notes of the Authority issued pursuant to this
Section that the State will not limit or alter the rights and
powers vested in the Authority by this Act or in the Regional
Transportation Authority by the Regional Transportation
Authority Act so as to impair the terms of any contract made by
the Authority with such holders or in any way impair the rights
and remedies of such holders until such notes, together with
interest thereon, with interest on any unpaid installments of
interest, and all costs and expenses in connection with any
action or proceedings by or on behalf of such holders, are
fully met and discharged. In addition, the State pledges to
and agrees with the holders of the notes of the Authority
issued pursuant to this Section that the State will not limit
or alter the basis on which State funds are to be paid to the
Authority as provided in the Regional Transportation Authority
Act, or the use of such funds, so as to impair the terms of any
such contract. The Board is authorized to include these
pledges and agreements of the State in any contract with the
holders of bonds or notes issued pursuant to this Section.
(g) The Board shall not at any time issue, sell or deliver
any Interim Financing Notes pursuant to this Section which
will cause it to have issued and outstanding at any time in
excess of $40,000,000 of Working Cash Notes. Notes which are
being paid or retired by such issuance, sale or delivery of
notes, and notes for which sufficient funds have been
deposited with the paying agency of such notes to provide for

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payment of principal and interest thereon or to provide for
the redemption thereof, all pursuant to the ordinance
authorizing the issuance of such notes, shall not be
considered to be outstanding for the purposes of this
paragraph.
(h) The Board, subject to the terms of any agreements with
noteholders as may then exist, shall have power, out of any
funds available therefor, to purchase notes of the Authority
which shall thereupon be cancelled.
(i) In addition to any other authority granted by law, the
State Treasurer may, with the approval of the Governor, invest
or reinvest, at a price not to exceed par, any State money in
the State Treasury which is not needed for current
expenditures due or about to become due in Interim Financing
Notes. In the event of a default on an interim financing note
issued by the Chicago Transit Authority in which State money
in the State treasury was invested, the Treasurer may, after
giving notice to the Authority, certify to the Comptroller the
amounts of the defaulted interim financing note, in accordance
with any applicable rules of the Comptroller, and the
Comptroller must deduct and remit to the State treasury the
certified amounts or a portion of those amounts from the
following proportions of payments of State funds to the
Authority:
(1) in the first year after default, one-third of the
total amount of any payments of State funds to the

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Authority;
(2) in the second year after default, two-thirds of
the total amount of any payments of State funds to the
Authority; and
(3) in the third year after default and for each year
thereafter until the total invested amount is repaid, the
total amount of any payments of State funds to the
Authority.
(Source: P.A. 100-201, eff. 8-18-17; 101-485, eff. 8-23-19.)
(70 ILCS 3605/12b) (from Ch. 111 2/3, par. 312b)
Sec. 12b. Working Cash Borrowing. In addition to the
powers provided in Section 12a, the Board with the affirmative
vote of 5 of its Directors, prior to February 1, 2026, and with
the affirmative vote of at least 6 of its Directors, beginning
February 1, 2026, may demand and direct the Board of the
Regional Transportation Authority to issue Working Cash Notes
at such time and in such amounts and having such maturities as
the Authority deems proper, provided however any such
borrowing shall have been specifically identified in the
budget of the Authority as approved by the Board of the
Regional Transportation Authority. Provided further, that the
Board may not issue and have outstanding or demand and direct
the Board of the Regional Transportation Authority to issue
and have outstanding more than an aggregate of $40,000,000 in
Working Cash Notes.

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(Source: P.A. 83-885; 83-886.)
(70 ILCS 3605/12c)
Sec. 12c. Retiree Benefits Bonds and Notes.
(a) In addition to all other bonds or notes that it is
authorized to issue, the Authority is authorized to issue its
bonds or notes for the purposes of providing funds for the
Authority to make the deposits described in Section 12c(b)(1)
and (2), for refunding any bonds authorized to be issued under
this Section, as well as for the purposes of paying costs of
issuance, obtaining bond insurance or other credit enhancement
or liquidity facilities, paying costs of obtaining related
swaps as authorized in the Bond Authorization Act ("Swaps"),
providing a debt service reserve fund, paying Debt Service (as
defined in paragraph (i) of this Section 12c), and paying all
other costs related to any such bonds or notes.
(b)(1) After its receipt of a certified copy of a report of
the Auditor General of the State of Illinois meeting the
requirements of Section 3-2.3 of the Illinois State Auditing
Act, the Authority may issue $1,348,550,000 aggregate original
principal amount of bonds and notes. After payment of the
costs of issuance and necessary deposits to funds and accounts
established with respect to debt service, the net proceeds of
such bonds or notes shall be deposited only in the Retirement
Plan for Chicago Transit Authority Employees and used only for
the purposes required by Section 22-101 of the Illinois

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Pension Code. Provided that no less than $1,110,500,000 has
been deposited in the Retirement Plan, remaining proceeds of
bonds issued under this subparagraph (b)(1) may be used to pay
costs of issuance and make necessary deposits to funds and
accounts with respect to debt service for bonds and notes
issued under this subparagraph or subparagraph (b)(2).
(2) After its receipt of a certified copy of a report of
the Auditor General of the State of Illinois meeting the
requirements of Section 3-2.3 of the Illinois State Auditing
Act, the Authority may issue $639,680,000 aggregate original
principal amount of bonds and notes. After payment of the
costs of issuance and necessary deposits to funds and accounts
established with respect to debt service, the net proceeds of
such bonds or notes shall be deposited only in the Retiree
Health Care Trust and used only for the purposes required by
Section 22-101B of the Illinois Pension Code. Provided that no
less than $528,800,000 has been deposited in the Retiree
Health Care Trust, remaining proceeds of bonds issued under
this subparagraph (b)(2) may be used to pay costs of issuance
and make necessary deposits to funds and accounts with respect
to debt service for bonds and notes issued under this
subparagraph or subparagraph (b)(1).
(3) In addition, refunding bonds are authorized to be
issued for the purpose of refunding outstanding bonds or notes
issued under this Section 12c.
(4) The bonds or notes issued under 12c(b)(1) shall be

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issued as soon as practicable after the Auditor General issues
the report provided in Section 3-2.3(b) of the Illinois State
Auditing Act. The bonds or notes issued under 12c(b)(2) shall
be issued as soon as practicable after the Auditor General
issues the report provided in Section 3-2.3(c) of the Illinois
State Auditing Act.
(5) With respect to bonds and notes issued under
subparagraph (b), scheduled aggregate annual payments of
interest or deposits into funds and accounts established for
the purpose of such payment shall commence within one year
after the bonds and notes are issued. With respect to
principal and interest, scheduled aggregate annual payments of
principal and interest or deposits into funds and accounts
established for the purpose of such payment shall be not less
than 70% in 2009, 80% in 2010, and 90% in 2011, respectively,
of scheduled payments or deposits of principal and interest in
2012 and shall be substantially equal beginning in 2012 and
each year thereafter. For purposes of this subparagraph (b),
"substantially equal" means that debt service in any full year
after calendar year 2011 is not more than 115% of debt service
in any other full year after calendar year 2011 during the term
of the bonds or notes. For the purposes of this subsection (b),
with respect to bonds and notes that bear interest at a
variable rate, interest shall be assumed at a rate equal to the
rate for United States Treasury Securities - State and Local
Government Series for the same maturity, plus 75 basis points.

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If the Authority enters into a Swap with a counterparty
requiring the Authority to pay a fixed interest rate on a
notional amount, and the Authority has made a determination
that such Swap was entered into for the purpose of providing
substitute interest payments for variable interest rate bonds
or notes of a particular maturity or maturities in a principal
amount equal to the notional amount of the Swap, then during
the term of the Swap for purposes of any calculation of
interest payable on such bonds or notes, the interest rate on
the bonds or notes of such maturity or maturities shall be
determined as if such bonds or notes bore interest at the fixed
interest rate payable by the Authority under such Swap.
(6) No bond or note issued under this Section 12c shall
mature later than December 31, 2040.
(c) The Chicago Transit Board shall provide for the
issuance of bonds or notes as authorized in this Section 12c by
the adoption of an ordinance. The ordinance, together with the
bonds or notes, shall constitute a contract among the
Authority, the owners from time to time of the bonds or notes,
any bond trustee with respect to the bonds or notes, any
related credit enhancer and any provider of any related Swaps.
(d) The Authority is authorized to cause the proceeds of
the bonds or notes, and any interest or investment earnings on
the bonds or notes, and of any Swaps, to be invested until the
proceeds and any interest or investment earnings have been
deposited with the Retirement Plan or the Retiree Health Care

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Trust.
(e) Bonds or notes issued pursuant to this Section 12c may
be general obligations of the Authority, to which shall be
pledged the full faith and credit of the Authority, or may be
obligations payable solely from particular sources of funds
all as may be provided in the authorizing ordinance. The
authorizing ordinance for the bonds and notes, whether or not
general obligations of the Authority, may provide for the Debt
Service (as defined in paragraph (i) of this Section 12c) to
have a claim for payment from particular sources of funds,
including, without limitation, amounts to be paid to the
Authority or a bond trustee. The authorizing ordinance may
provide for the means by which the bonds or notes (and any
related Swaps) may be secured, which may include, a pledge of
any revenues or funds of the Authority from whatever source
which may by law be utilized for paying Debt Service. In
addition to any other security, upon the written approval of
the Regional Transportation Authority by the affirmative vote
of 12 of its then Directors, prior to February 1, 2026, and the
affirmative vote of at least 14 of its then Directors,
beginning February 1, 2026, the ordinance may provide a
specific pledge or assignment of and lien on or security
interest in amounts to be paid to the Authority by the Regional
Transportation Authority and direct payment thereof to the
bond trustee for payment of Debt Service with respect to the
bonds or notes, subject to the provisions of existing lease

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agreements of the Authority with any public building
commission. The authorizing ordinance may also provide a
specific pledge or assignment of and lien on or security
interest in and direct payment to the trustee of all or a
portion of the moneys otherwise payable to the Authority from
the City of Chicago pursuant to an intergovernmental agreement
with the Authority to provide financial assistance to the
Authority. Any such pledge, assignment, lien or security
interest for the benefit of owners of bonds or notes shall be
valid and binding from the time the bonds or notes are issued,
without any physical delivery or further act, and shall be
valid and binding as against and prior to the claims of all
other parties having claims of any kind against the Authority
or any other person, irrespective of whether such other
parties have notice of such pledge, assignment, lien or
security interest, all as provided in the Local Government
Debt Reform Act, as it may be amended from time to time. The
bonds or notes of the Authority issued pursuant to this
Section 12c shall have such priority of payment and as to their
claim for payment from particular sources of funds, including
their priority with respect to obligations of the Authority
issued under other Sections of this Act, all as shall be
provided in the ordinances authorizing the issuance of the
bonds or notes. The ordinance authorizing the issuance of any
bonds or notes under this Section may provide for the creation
of, deposits in, and regulation and disposition of sinking

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fund or reserve accounts relating to those bonds or notes and
related agreements. The ordinance authorizing the issuance of
any such bonds or notes authorized under this Section 12c may
contain provisions for the creation of a separate fund to
provide for the payment of principal of and interest on those
bonds or notes and related agreements. The ordinance may also
provide limitations on the issuance of additional bonds or
notes of the Authority.
(f) Bonds or notes issued under this Section 12c shall not
constitute an indebtedness of the Regional Transportation
Authority, the State of Illinois, or of any other political
subdivision of or municipality within the State, except the
Authority.
(g) The ordinance of the Chicago Transit Board authorizing
the issuance of bonds or notes pursuant to this Section 12c may
provide for the appointment of a corporate trustee (which may
be any trust company or bank having the powers of a trust
company within Illinois) with respect to bonds or notes issued
pursuant to this Section 12c. The ordinance shall prescribe
the rights, duties, and powers of the trustee to be exercised
for the benefit of the Authority and the protection of the
owners of bonds or notes issued pursuant to this Section 12c.
The ordinance may provide for the trustee to hold in trust,
invest and use amounts in funds and accounts created as
provided by the ordinance with respect to the bonds or notes in
accordance with this Section 12c. The Authority may apply, as

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it shall determine, any amounts received upon the sale of the
bonds or notes to pay any Debt Service on the bonds or notes.
The ordinance may provide for a trust indenture to set forth
terms of, sources of payment for and security for the bonds and
notes.
(h) The State of Illinois pledges to and agrees with the
owners of the bonds or notes issued pursuant to Section 12c
that the State of Illinois will not limit the powers vested in
the Authority by this Act to pledge and assign its revenues and
funds as security for the payment of the bonds or notes, or
vested in the Regional Transportation Authority by the
Regional Transportation Authority Act or this Act, so as to
materially impair the payment obligations of the Authority
under the terms of any contract made by the Authority with
those owners or to materially impair the rights and remedies
of those owners until those bonds or notes, together with
interest and any redemption premium, and all costs and
expenses in connection with any action or proceedings by or on
behalf of such owners are fully met and discharged. The
Authority is authorized to include these pledges and
agreements of the State of Illinois in any contract with
owners of bonds or notes issued pursuant to this Section 12c.
(i) For purposes of this Section, "Debt Service" with
respect to bonds or notes includes, without limitation,
principal (at maturity or upon mandatory redemption),
redemption premium, interest, periodic, upfront, and

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termination payments on Swaps, fees for bond insurance or
other credit enhancement, liquidity facilities, the funding of
bond or note reserves, bond trustee fees, and all other costs
of providing for the security or payment of the bonds or notes.
(j) The Authority shall adopt a procurement program with
respect to contracts relating to the following service
providers in connection with the issuance of debt for the
benefit of the Retirement Plan for Chicago Transit Authority
Employees: underwriters, bond counsel, financial advisors, and
accountants. The program shall include goals for the payment
of not less than 30% of the total dollar value of the fees from
these contracts to minority-owned businesses and women-owned
businesses as defined in the Business Enterprise for
Minorities, Women, and Persons with Disabilities Act. The
Authority shall conduct outreach to minority-owned businesses
and women-owned businesses. Outreach shall include, but is not
limited to, advertisements in periodicals and newspapers,
mailings, and other appropriate media. The Authority shall
submit to the General Assembly a comprehensive report that
shall include, at a minimum, the details of the procurement
plan, outreach efforts, and the results of the efforts to
achieve goals for the payment of fees. The service providers
selected by the Authority pursuant to such program shall not
be subject to approval by the Regional Transportation
Authority, and the Regional Transportation Authority's
approval pursuant to subsection (e) of this Section 12c

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related to the issuance of debt shall not be based in any way
on the service providers selected by the Authority pursuant to
this Section.
(k) No person holding an elective office in this State,
holding a seat in the General Assembly, serving as a director,
trustee, officer, or employee of the Regional Transportation
Authority or the Chicago Transit Authority, including the
spouse or minor child of that person, may receive a legal,
banking, consulting, or other fee related to the issuance of
any bond issued by the Chicago Transit Authority pursuant to
this Section.
(Source: P.A. 100-391, eff. 8-25-17.)
(70 ILCS 3605/19) (from Ch. 111 2/3, par. 319)
Sec. 19. Chicago Transit Board.
(a) Until February 1, 2026, the The governing and
administrative body of the Authority shall be a board
consisting of 7 seven members, to be known as Chicago Transit
Board.
(b) On and after February 1, 2026, the governing and
administrative body of the authority shall be a board
consisting of 8 members, to be known as the Chicago Transit
Board.
(1) 6 members shall be appointed by the Mayor of the
City of Chicago with the advice and consent of the City
Council of the City of Chicago. The members appointed

10400HB2963ham001 - 27 - LRB104 12004 RTM 23609 a
under this paragraph (1) shall reside within the City of
Chicago and one of these members shall be a representative
of organized labor.
The member representing organized labor shall be
selected from a list of 3 persons recommended by the
president of a countywide labor council body representing
more than 30 labor organizations recognized under the
National Labor Relations Act or the Railway Labor Act
located within a county with a population of at least
3,000,000 inhabitants. If such a member has not been
appointed within 60 days for the initial term, or
appointed within 60 days of the expiration of a term or a
vacancy in the office, the first person on the list
provided to the Mayor will automatically assume the
office.
(2) 2 members shall be appointed by the President of
the Cook County Board of Commissioners with the advice and
consent of the members of the Cook County Board of
Commissioners. The members appointed under this paragraph
(2) shall reside in the part of Cook County outside the
City of Chicago.
(c) To implement the changes in appointing authority under
subsection (b) of this Section, the following provisions
apply:
(1) Members who are appointed to the Chicago Transit
Board by the Mayor of Chicago under subsection (a) of

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Section 20 and who are serving on the Board on the
effective date of this amendatory Act of the 104th General
Assembly shall retain their offices until January 31, 2026
or until the expiration of a term of office or a vacancy in
their respective office. Upon expiration of a term of
office or vacancy prior to January 31, 2028, these offices
shall be filled under subsection (a) of Section 20.
(2) The Mayor of Chicago shall appoint 6 members to
the Chicago Transit Board under paragraph (1) of
subsection (b) of this Section, to begin their terms of
office on February 1, 2026, and their appointments shall
be made in time to begin their terms of office on February
1, 2026. A member serving as a member on January 31, 2026
may be reappointed to the Board. Of the members appointed
to begin their terms of office on February 1, 2026, the
Mayor of Chicago shall appoint 3 members with 4-year terms
and 3 members with 2-year terms. Subsequent terms of
office for all members shall be 4 years.
(3) Members who are appointed to the Chicago Transit
Board by the Governor under subsection (a) of Section 20
and who were serving on Board on the effective date of this
amendatory Act of the 104th General Assembly shall retain
their offices until January 31, 2026. Upon the expiration
of a term of office or a vacancy prior to January 31, 2026,
these offices shall be filled under subsection (a) of
Section 20.

10400HB2963ham001 - 29 - LRB104 12004 RTM 23609 a
(4) Members appointed to the Chicago Transit Board
under paragraph (2) of subsection (b) of this Section will
begin their terms of office on February 1, 2026, and their
appointments shall be made in time to begin their terms of
office on February 1, 2026. Of the members appointed to
begin their terms on February 1, 2026, the President of
the Cook County Board shall appoint one member with a
4-year term and one member with a 2-year term. Subsequent
terms of office of all members shall be 4 years.
(d) Members of the Board shall be residents of the
metropolitan area and persons of recognized business ability.
Members shall have diverse and substantial relevant experience
and expertise in overseeing the planning, operation, and
funding of a public transportation system, including, but not
limited to, backgrounds in urban and regional planning,
management of large capital projects, labor and workforce
development, business management, public administration,
transportation, and transit and ridership advocacy. No member
of the Board of the Authority shall hold any other office or
employment under the Federal, State or any County or any
municipal government, or any other unit of local government,
except an honorary office without compensation or an office in
the National Guard. No employee of the Authority shall hold
any other office or employment under the Federal, State or any
County or any municipal government, or any other unit of local
government, except an office with compensation not exceeding

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$15,000 annually or a position in the National Guard or the
United States military reserves. Provided, however, that the
Chairman may be a member of the Board of the Regional
Transportation Authority. No member of the Board or employee
of the Authority shall have any private financial interest,
profit or benefit in any contract, work or business of the
Authority nor in the sale or lease of any property to or from
the Authority. The salary of each member of the initial Board
shall be $15,000.00 per annum, and such salary shall not be
increased or diminished during his or her term of office. The
salaries of successor members of the Board shall be fixed by
the Board and shall not be increased or diminished during
their respective terms of office. No Board member shall be
allowed any fees, perquisites or emoluments, reward or
compensation for his or her services as a member or officer of
the Authority aside from his or her salary or pension, but he
or she shall be reimbursed for actual expenses incurred by him
or her in the performance of his or her duties.
(Source: P.A. 98-709, eff. 7-16-14.)
(70 ILCS 3605/20) (from Ch. 111 2/3, par. 320)
Sec. 20. Terms; vacancies.
(a) Until February 1, 2026 Within sixty (60) days after
the adoption of this Act by the electors of one or more cities,
villages and incorporated towns within the metropolitan area
having a population in the aggregate of at least 100,000

10400HB2963ham001 - 31 - LRB104 12004 RTM 23609 a
according to the Federal census of 1940, the Governor, by and
with the advice and consent of the Senate, shall appoint three
members of the Board for initial terms expiring September
first of the years 1947, 1948 and 1949, respectively, at least
one of which members shall be a resident of that portion of the
metropolitan area which is outside the corporate limits of the
City of Chicago, and the Mayor, with advice and consent of the
City Council of the City of Chicago, shall appoint 4 four
members of the Board for initial terms expiring September
first of the years 1946, 1950, 1951 and 1952, respectively. At
the expiration of the term of any member appointed by the
Governor his successor shall be appointed by the Governor, and
at the expiration of the term of any member appointed by the
Mayor his successor shall be appointed by the Mayor in like
manner, and with like regard as to the place of residence of
the appointee, as appointments for the initial terms. All
successors shall hold office for the term of 7 seven years from
the first day of September of the year in which they are
appointed, except in case of an appointment to fill a vacancy.
In case of vacancy in the office of any member appointed by the
Governor during the recess of the Senate, the Governor shall
make a temporary appointment until the next meeting of the
Senate when he shall nominate some person to fill such office;
and any person so nominated, who is confirmed by the Senate,
shall hold his office during the remainder of the term and
until his successor shall be appointed and qualified. If the

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Senate is not in session at the time this Act takes effect, the
Governor shall make temporary appointments as in case of
vacancies. Each appointment by the Governor shall be subject
to approval by the Mayor, and each appointment by the Mayor
shall be subject to approval by the Governor and, when so
approved, the Governor and the Mayor shall certify their
respective appointments and approvals to the Secretary of
State. If the Governor or the Mayor does not approve or
disapprove the appointment by the Mayor or the Governor,
respectively, within 15 days after receipt thereof, the person
is appointed. Within 30 thirty days after certification and
approval of his appointment, and before entering upon the
duties of his office, each member of the Board shall take and
subscribe the constitutional oath of office and file it in the
office of the Secretary of State.
(b) Beginning February 1, 2026, each board member shall
hold office for a term of 4 years and until the member's
successor has been appointed and has qualified. A vacancy
shall occur upon resignation, death, conviction of a felony,
or removal from office. Any member may be removed from office
(i) upon concurrence vote of 6 of the then-serving board
members, on a formal finding of incompetence, neglect of duty,
or malfeasance in office or (ii) by the Governor in response to
a summary report received from the Executive Inspector General
in accordance with Section 10-50 of the State Officials and
Employees Ethics Act, provided the member has an opportunity

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to be publicly heard in person or by counsel before removal.
Within 30 days after the office of any member becomes vacant
for any reason, the appointing authorities of the member shall
make an appointment to fill the vacancy. A vacancy shall be
filled for the unexpired term of the member.
(Source: P.A. 79-938.)
(70 ILCS 3605/22) (from Ch. 111 2/3, par. 322)
Sec. 22. As soon as possible after the appointment of the
initial members, the board shall organize for the transaction
of business, select a chairman and a temporary secretary from
its own number, and adopt by-laws, rules and regulations to
govern its proceedings. The initial chairman and successors
shall be elected by the Board from time to time for the term of
his office as a member of the Board or for the term of three
years, whichever is shorter.
As soon as possible after the appointment of the members
of the Board on February 1, 2026, the board shall organize for
the transaction of business and select a chairman and a
temporary secretary from its own number. The Board shall fix
the salary of the chairman in addition to his salary as a
member of the Board, which shall not be increased or
diminished during his term of office as chairman. But if the
chairman is engaged in any other business or employment during
his term as chairman, his annual salary shall be not more than
$25,000.

10400HB2963ham001 - 34 - LRB104 12004 RTM 23609 a
(Source: P.A. 80-937.)
(70 ILCS 3605/23) (from Ch. 111 2/3, par. 323)
Sec. 23. Regular meetings of the Board shall be held at
least once in each calendar month, the time and place of such
meetings to be fixed by the Board. Until February 1, 2026, 4
Four members of the Board shall constitute a quorum for the
transaction of business and, beginning February 1, 2026, 5
members of the Board shall constitute a quorum. All action of
the Board shall be by ordinance or resolution, and the
affirmative vote of at least 4 four members, prior to February
1, 2026, or at least 5 members, beginning February 1, 2026,
shall be necessary for the adoption of any ordinance or
resolution. All such ordinances and resolutions before taking
effect shall be approved by the chairman of the Board, and if
he shall approve thereof he shall sign the same, and such as he
shall not approve he shall return to the Board with his
objections thereto in writing at the next regular meeting of
the Board occurring after the passage thereof. But in case the
chairman shall fail to return any ordinance or resolution with
his objections thereto by the time aforesaid, he shall be
deemed to have approved the same and it shall take effect
accordingly. Upon the return of any ordinance or resolution by
the chairman with his objections, the vote by which the same
was passed shall be reconsidered by the Board, and if upon such
reconsideration said ordinance or resolution is passed by the

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affirmative vote of at least 5 five members, prior to February
1, 2026, and at least 6 members, beginning February 1, 2026, it
shall go into effect notwithstanding the veto of the chairman.
All ordinances, resolutions and all proceedings of the
Authority and all documents and records in its possession
shall be public records, and open to public inspection, except
such documents and records as shall be kept or prepared by the
Board for use in negotiations, action or proceedings to which
the Authority is a party.
Open meetings of the Board shall be broadcast to the
public and maintained in real-time on the Board's website
using a high-speed Internet connection. Recordings of each
meeting broadcast shall be posted to the Board's website
within a reasonable time after the meeting and shall be
maintained as public records to the extent practicable, as
determined by the Board. Compliance with the provisions of
this amendatory Act of the 98th General Assembly does not
relieve the Board of its obligations under the Open Meetings
Act.
(Source: P.A. 98-1139, eff. 6-1-15.)
(70 ILCS 3605/28a) (from Ch. 111 2/3, par. 328a)
Sec. 28a. (a) The Board may deal with and enter into
written contracts with the employees of the Authority through
accredited representatives of such employees or
representatives of any labor organization authorized to act

10400HB2963ham001 - 36 - LRB104 12004 RTM 23609 a
for such employees, concerning wages, salaries, hours, working
conditions and pension or retirement provisions; provided,
nothing herein shall be construed to permit hours of labor in
excess of those provided by law or to permit working
conditions prohibited by law. In case of dispute over wages,
salaries, hours, working conditions, or pension or retirement
provisions the Board may arbitrate any question or questions
and may agree with such accredited representatives or labor
organization that the decision of a majority of any
arbitration board shall be final, provided each party shall
agree in advance to pay half of the expense of such
arbitration.
No contract or agreement shall be made with any labor
organization, association, group or individual for the
employment of members of such organization, association, group
or individual for the construction, improvement, maintenance,
operation or administration of any property, plant or
facilities under the jurisdiction of the Authority, where such
organization, association, group or individual denies on the
ground of race, creed, color, sex, religion, physical or
mental disability unrelated to ability, or national origin
membership and equal opportunities for employment to any
citizen of Illinois.
(b)(1) The provisions of this paragraph (b) apply to
collective bargaining agreements (including extensions and
amendments of existing agreements) entered into on or after

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January 1, 1984.
(2) The Board shall deal with and enter into written
contracts with their employees, through accredited
representatives of such employees authorized to act for such
employees concerning wages, salaries, hours, working
conditions, and pension or retirement provisions about which a
collective bargaining agreement has been entered prior to the
effective date of this amendatory Act of 1983. Any such
agreement of the Authority shall provide that the agreement
may be reopened if the amended budget submitted pursuant to
Section 2.18a of the Regional Transportation Authority Act is
not approved by the Board of the Regional Transportation
Authority. The agreement may not include a provision requiring
the payment of wage increases based on changes in the Consumer
Price Index. The Board shall not have the authority to enter
into collective bargaining agreements with respect to inherent
management rights, which include such areas of discretion or
policy as the functions of the employer, standards of
services, its overall budget, the organizational structure and
selection of new employees and direction of personnel.
Employers, however, shall be required to bargain collectively
with regard to policy matters directly affecting wages, hours
and terms and conditions of employment, as well as the impact
thereon upon request by employee representatives. To preserve
the rights of employers and exclusive representatives which
have established collective bargaining relationships or

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negotiated collective bargaining agreements prior to the
effective date of this amendatory Act of 1983, employers shall
be required to bargain collectively with regard to any matter
concerning wages, hours or conditions of employment about
which they have bargained prior to the effective date of this
amendatory Act of 1983.
(3) The collective bargaining agreement may not include a
prohibition on the use of part-time operators on any service
operated by or funded by the Board, except where prohibited by
federal law.
(4) Within 30 days of the signing of any such collective
bargaining agreement, the Board shall determine the costs of
each provision of the agreement, prepare an amended budget
incorporating the costs of the agreement, and present the
amended budget to the Board of the Regional Transportation
Authority for its approval under Section 4.11 of the Regional
Transportation Authority Act. The Board of the Regional
Transportation Authority may approve the amended budget by an
affirmative vote of 12 of its then Directors, prior to
February 1, 2026, and by an affirmative vote of at least 14
Directors, beginning February 1, 2026. If the budget is not
approved by the Board of the Regional Transportation
Authority, the agreement may be reopened and its terms may be
renegotiated. Any amended budget which may be prepared
following renegotiation shall be presented to the Board of the
Regional Transportation Authority for its approval in like

10400HB2963ham001 - 39 - LRB104 12004 RTM 23609 a
manner.
(Source: P.A. 99-143, eff. 7-27-15.)
(70 ILCS 3605/34) (from Ch. 111 2/3, par. 334)
Sec. 34. Budget and Program. The Authority, subject to the
powers of the Regional Transportation Authority in Section
4.11 of the Regional Transportation Authority Act, shall
control the finances of the Authority. It shall by ordinance
appropriate money to perform the Authority's purposes and
provide for payment of debts and expenses of the Authority.
Each year the Authority shall prepare and publish a
comprehensive annual budget and five-year capital program
document, and a financial plan for the 2 years thereafter
describing the state of the Authority and presenting for the
forthcoming fiscal year and the two following years the
Authority's plans for such operations and capital expenditures
as it intends to undertake and the means by which it intends to
finance them. The proposed budget, financial plan, and
five-year capital program shall be based on the Regional
Transportation Authority's estimate of funds to be made
available to the Authority by or through the Regional
Transportation Authority and shall conform in all respects to
the requirements established by the Regional Transportation
Authority. The proposed budget, financial plan, and five-year
capital program shall contain a statement of the funds
estimated to be on hand at the beginning of the fiscal year,

10400HB2963ham001 - 40 - LRB104 12004 RTM 23609 a
the funds estimated to be received from all sources for such
year and the funds estimated to be on hand at the end of such
year. The proposed budget, financial plan, and five-year
capital program shall be available at no cost for public
inspection at the Authority's main office and at the Regional
Transportation Authority's main office at least 3 weeks prior
to any public hearing. Before the proposed budget, financial
plan, and five-year capital program are submitted to the
Regional Transportation Authority, the Authority shall hold at
least one public hearing thereon in each of the counties in
which the Authority provides service. All Board members of the
Authority shall attend a majority of the public hearings
unless reasonable cause is given for their absence. After the
public hearings, the Board of the Authority shall hold at
least one meeting for consideration of the proposed program
and budget with the Cook County Board. Prior to the capital
program being submitted to the Regional Transportation
Authority, the Authority shall hold at least one meeting for
consideration of the proposed 5-year capital program with
representatives of labor organizations that have a collective
bargaining agreement with the Authority. After conducting such
hearings and holding such meetings and after making such
changes in the proposed budget, financial plan, and five-year
capital program as the Board deems appropriate, it shall adopt
an annual budget ordinance at least by November 15th preceding
the beginning of each fiscal year. The budget, financial plan,

10400HB2963ham001 - 41 - LRB104 12004 RTM 23609 a
and five-year capital program shall then be submitted to the
Regional Transportation Authority as provided in Section 4.11
of the Regional Transportation Authority Act. In the event
that the Board of the Regional Transportation Authority
determines that the budget, financial plan, and five-year
capital program do not meet the standards of said Section
4.11, the Board of the Authority shall make such changes as are
necessary to meet such requirements and adopt an amended
budget ordinance. The amended budget ordinance shall be
resubmitted to the Regional Transportation Authority pursuant
to said Section 4.11. The ordinance shall appropriate such
sums of money as are deemed necessary to defray all necessary
expenses and obligations of the Authority, specifying purposes
and the objects or programs for which appropriations are made
and the amount appropriated for each object or program.
Additional appropriations, transfers between items and other
changes in such ordinance which do not alter the basis upon
which the balanced budget determination was made by the
Regional Transportation Authority may be made from time to
time by the Board.
The budget shall:
(i) show a balance between (A) anticipated revenues
from all sources including operating subsidies and (B) the
costs of providing the services specified and of funding
any operating deficits or encumbrances incurred in prior
periods, including provision for payment when due of

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principal and interest on outstanding indebtedness;
(ii) show cash balances including the proceeds of any
anticipated cash flow borrowing sufficient to pay with
reasonable promptness all costs and expenses as incurred;
(iii) provide for a level of fares or charges and
operating or administrative costs for the public
transportation provided by or subject to the jurisdiction
of the Board sufficient to allow the Board to meet its
required system generated revenue recovery ratio as
determined in accordance with subsection (a) of Section
4.11 of the Regional Transportation Authority Act;
(iv) be based upon and employ assumptions and
projections which are reasonable and prudent;
(v) have been prepared in accordance with sound
financial practices as determined by the Board of the
Regional Transportation Authority;
(vi) meet such other financial, budgetary, or fiscal
requirements that the Board of the Regional Transportation
Authority may by rule or regulation establish; and
(vii) be consistent with the goals and objectives
adopted by the Regional Transportation Authority in the
Strategic Plan.
The Board shall establish a fiscal operating year. At
least 30 thirty days prior to the beginning of the first full
fiscal year after the creation of the Authority, and annually
thereafter, the Board shall cause to be prepared a tentative

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budget which shall include all operation and maintenance
expense for the ensuing fiscal year. The tentative budget
shall be considered by the Board and, subject to any revision
and amendments as may be determined, shall be adopted prior to
the first day of the ensuing fiscal year as the budget for that
year. No expenditures for operations and maintenance in excess
of the budget shall be made during any fiscal year except by
the affirmative vote of at least 5 five members of the Board,
prior to February 1, 2026, and by the affirmative vote of at
least 6 members, beginning February 1, 2026. It shall not be
necessary to include in the annual budget any statement of
necessary expenditures for pensions or retirement annuities,
or for interest or principal payments on bonds or
certificates, or for capital outlays, but it shall be the duty
of the Board to make provision for payment of same from
appropriate funds. The Board may not alter its fiscal year
without the prior approval of the Board of the Regional
Transportation Authority.
(Source: P.A. 95-708, eff. 1-18-08.)
(70 ILCS 3605/21 rep.)
Section 101. The Metropolitan Transit Authority Act is
amended by repealing Section 21.
Section 105. The Regional Transportation Authority Act is
amended by changing Sections 2.01, 2.01a, 2.01b, 2.01c, 2.04,

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2.05, 2.08, 2.12b, 2.14, 2.18a, 2.30, 2.45, 3.01, 3.03, 3.05,
3A.02, 3A.09, 3A.10, 3A.14, 3B.02, 3B.09, 3B.10, 3B.13, 4.01,
4.03, 4.03.3, 4.04, 4.09, 4.11, 4.13, and 4.14 and by adding
Sections 2.08a, 2.43, and 2.44 as follows:
(70 ILCS 3615/2.01) (from Ch. 111 2/3, par. 702.01)
Sec. 2.01. General Allocation of Responsibility for Public
Transportation.
(a) In order to accomplish the purposes as set forth in
this Act, the responsibility for planning, operating, and
funding public transportation in the metropolitan region shall
be allocated as described in this Act. The Authority shall:
(i) adopt plans that implement the public policy of
the State to provide adequate, efficient, geographically
equitable and coordinated public transportation throughout
the metropolitan region;
(ii) set goals, objectives, and standards for the
Authority, the Service Boards, and transportation
agencies;
(iii) develop performance measures to inform the
public about the extent to which the provision of public
transportation in the metropolitan region meets those
goals, objectives, and standards;
(iv) allocate operating and capital funds made
available to support public transportation in the
metropolitan region;

10400HB2963ham001 - 45 - LRB104 12004 RTM 23609 a
(v) provide financial oversight of the Service Boards;
and
(vi) coordinate the provision of public transportation
and the investment in public transportation facilities to
enhance the integration of public transportation
throughout the metropolitan region, all as provided in
this Act.
The Service Boards shall, on a continuing basis determine
the level, nature and kind of public transportation which
should be provided for the metropolitan region in order to
meet the plans, goals, objectives, and standards adopted by
the Authority. The Service Boards may provide public
transportation by purchasing such service from transportation
agencies through purchase of service agreements, by grants to
such agencies or by operating such service, all pursuant to
this Act and the "Metropolitan Transit Authority Act", as now
or hereafter amended. Certain of its actions to implement the
responsibilities allocated to the Authority in this subsection
(a) shall be taken in 3 public documents adopted by the
affirmative vote of at least 12 of its then Directors, prior to
February 1, 2026, and by the affirmative vote of at least 14 of
its then Directors, beginning February 1, 2026: A Strategic
Plan; a Five-Year Capital Program; and an Annual Budget and
Two-Year Financial Plan.
(b) The Authority shall subject the operating and capital
plans and expenditures of the Service Boards in the

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metropolitan region with regard to public transportation to
continuing review so that the Authority may budget and expend
its funds with maximum effectiveness and efficiency. The
Authority shall conduct audits of each of the Service Boards
no less than every 5 years. Such audits may include
management, performance, financial, and infrastructure
condition audits. The Authority may conduct management,
performance, financial, and infrastructure condition audits of
transportation agencies that receive funds from the Authority.
The Authority may direct a Service Board to conduct any such
audit of a transportation agency that receives funds from such
Service Board, and the Service Board shall comply with such
request to the extent it has the right to do so. These audits
of the Service Boards or transportation agencies may be
project or service specific audits to evaluate their
achievement of the goals and objectives of that project or
service and their compliance with any applicable requirements.
(Source: P.A. 98-1027, eff. 1-1-15.)
(70 ILCS 3615/2.01a)
Sec. 2.01a. Strategic Plan.
(a) By the affirmative vote of at least 12 of its then
Directors, prior to February 1, 2026, and by the affirmative
vote of at least 14 Directors, beginning February 1, 2026, the
Authority shall adopt a Strategic Plan, no less than every 5
years, after consultation with the Service Boards and after

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holding a minimum of 3 public hearings in Cook County and one
public hearing in each of the other counties in the region. The
Executive Director of the Authority shall review the Strategic
Plan on an ongoing basis and make recommendations to the Board
of the Authority with respect to any update or amendment of the
Strategic Plan. The Strategic Plan shall describe the specific
actions to be taken by the Authority and the Service Boards to
provide adequate, efficient, and coordinated public
transportation.
(b) The Strategic Plan shall identify goals and objectives
with respect to:
(i) increasing ridership and passenger miles on public
transportation funded by the Authority;
(ii) coordination of public transportation services
and the investment in public transportation facilities to
enhance the integration of public transportation
throughout the metropolitan region;
(iii) coordination of fare and transfer policies to
promote transfers by riders among Service Boards,
transportation agencies, and public transportation modes,
which may include goals and objectives for development of
a universal fare instrument that riders may use
interchangeably on all public transportation funded by the
Authority, and methods to be used to allocate revenues
from transfers;
(iv) improvements in public transportation facilities

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to bring those facilities into a state of good repair,
enhancements that attract ridership and improve customer
service, and expansions needed to serve areas with
sufficient demand for public transportation;
(v) access for transit-dependent populations,
including access by low-income communities to places of
employment, utilizing analyses provided by the Chicago
Metropolitan Agency for Planning regarding employment and
transportation availability, and giving consideration to
the location of employment centers in each county and the
availability of public transportation at off-peak hours
and on weekends;
(vi) the financial viability of the public
transportation system, including both operating and
capital programs;
(vii) limiting road congestion within the metropolitan
region and enhancing transit options to improve mobility;
and
(viii) such other goals and objectives that advance
the policy of the State to provide adequate, efficient,
geographically equitable and coordinated public
transportation in the metropolitan region.
(c) The Strategic Plan shall establish the process and
criteria by which proposals for capital improvements by a
Service Board or a transportation agency will be evaluated by
the Authority for inclusion in the Five-Year Capital Program,

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which may include criteria for:
(i) allocating funds among maintenance, enhancement,
and expansion improvements;
(ii) projects to be funded from the Innovation,
Coordination, and Enhancement Fund;
(iii) projects intended to improve or enhance
ridership or customer service;
(iv) design and location of station or transit
improvements intended to promote transfers, increase
ridership, and support transit-oriented land development;
(v) assessing the impact of projects on the ability to
operate and maintain the existing transit system; and
(vi) other criteria that advance the goals and
objectives of the Strategic Plan.
(d) The Strategic Plan shall establish performance
standards and measurements regarding the adequacy, efficiency,
geographic equity and coordination of public transportation
services in the region and the implementation of the goals and
objectives in the Strategic Plan. At a minimum, such standards
and measures shall include customer-related performance data
measured by line, route, or sub-region, as determined by the
Authority, on the following:
(i) travel times and on-time performance;
(ii) ridership data;
(iii) equipment failure rates;
(iv) employee and customer safety; and

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(v) customer satisfaction.
The Service Boards and transportation agencies that
receive funding from the Authority or Service Boards shall
prepare, publish, and submit to the Authority such reports
with regard to these standards and measurements in the
frequency and form required by the Authority; however, the
frequency of such reporting shall be no less than annual. The
Service Boards shall publish such reports on their respective
websites. The Authority shall compile and publish such reports
on its website. Such performance standards and measures shall
not be used as the basis for disciplinary action against any
employee of the Authority or Service Boards, except to the
extent the employment and disciplinary practices of the
Authority or Service Board provide for such action.
(e) The Strategic Plan shall identify innovations to
improve the delivery of public transportation and the
construction of public transportation facilities.
(f) The Strategic Plan shall describe the expected
financial condition of public transportation in the
metropolitan region prospectively over a 10-year period, which
may include information about the cash position and all known
obligations of the Authority and the Service Boards including
operating expenditures, debt service, contributions for
payment of pension and other post-employment benefits, the
expected revenues from fares, tax receipts, grants from the
federal, State, and local governments for operating and

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capital purposes and issuance of debt, the availability of
working capital, and the resources needed to achieve the goals
and objectives described in the Strategic Plan.
(g) In developing the Strategic Plan, the Authority shall
rely on such demographic and other data, forecasts, and
assumptions developed by the Chicago Metropolitan Agency for
Planning with respect to the patterns of population density
and growth, projected commercial and residential development,
and environmental factors, within the metropolitan region and
in areas outside the metropolitan region that may impact
public transportation utilization in the metropolitan region.
The Authority shall also consult with the Illinois Department
of Transportation's Office of Planning and Programming when
developing the Strategic Plan. Before adopting or amending any
Strategic Plan, the Authority shall consult with the Chicago
Metropolitan Agency for Planning regarding the consistency of
the Strategic Plan with the Regional Comprehensive Plan
adopted pursuant to the Regional Planning Act.
(h) The Authority may adopt, by the affirmative vote of at
least 12 of its then Directors, prior to February 1, 2026, and
by the affirmative vote of at least 14 of its then Directors,
beginning February 1, 2026, sub-regional or corridor plans for
specific geographic areas of the metropolitan region in order
to improve the adequacy, efficiency, geographic equity and
coordination of existing, or the delivery of new, public
transportation. Such plans may also address areas outside the

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metropolitan region that may impact public transportation
utilization in the metropolitan region. In preparing a
sub-regional or corridor plan, the Authority may identify
changes in operating practices or capital investment in the
sub-region or corridor that could increase ridership, reduce
costs, improve coordination, or enhance transit-oriented
development. The Authority shall consult with any affected
Service Boards in the preparation of any sub-regional or
corridor plans.
(i) If the Authority determines, by the affirmative vote
of at least 12 of its then Directors, prior to February 1,
2026, and by the affirmative vote of at least 14 of its then
Directors, beginning February 1, 2026, that, with respect to
any proposed new public transportation service or facility,
(i) multiple Service Boards or transportation agencies are
potential service providers and (ii) the public transportation
facilities to be constructed or purchased to provide that
service have an expected construction cost of more than
$25,000,000, the Authority shall have sole responsibility for
conducting any alternatives analysis and preliminary
environmental assessment required by federal or State law.
Nothing in this subparagraph (i) shall prohibit a Service
Board from undertaking alternatives analysis and preliminary
environmental assessment for any public transportation service
or facility identified in items (i) and (ii) above that is
included in the Five-Year Capital Program as of the effective

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date of this amendatory Act of the 95th General Assembly;
however, any expenditure related to any such public
transportation service or facility must be included in a
Five-Year Capital Program under the requirements of Sections
2.01b and 4.02 of this Act.
(Source: P.A. 98-1027, eff. 1-1-15.)
(70 ILCS 3615/2.01b)
Sec. 2.01b. The Five-Year Capital Program. By the
affirmative vote of at least 12 of its then Directors, prior to
February 1, 2026, and by the affirmative vote of at least 14 of
its then Directors, beginning February 1, 2026, the Authority,
after consultation with the Service Boards and after holding a
minimum of 3 public hearings in Cook County and one public
hearing in each of the other counties in the metropolitan
region, shall each year adopt a Five-Year Capital Program that
shall include each capital improvement to be undertaken by or
on behalf of a Service Board provided that the Authority finds
that the improvement meets any criteria for capital
improvements contained in the Strategic Plan, is not
inconsistent with any sub-regional or corridor plan adopted by
the Authority, and can be funded within amounts available with
respect to the capital and operating costs of such
improvement. In reviewing proposals for improvements to be
included in a Five-Year Capital Program, the Authority may
give priority to improvements that are intended to bring

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public transportation facilities into a state of good repair.
The Five-Year Capital Program shall also identify capital
improvements to be undertaken by a Service Board, a
transportation agency, or a unit of local government and
funded by the Authority from amounts in the Innovation,
Coordination, and Enhancement Fund, provided that no
improvement that is included in the Five-Year Capital Program
as of the effective date of this amendatory Act of the 95th
General Assembly may receive funding from the Innovation,
Coordination, and Enhancement Fund. Before adopting a
Five-Year Capital Program, the Authority shall consult with
the Chicago Metropolitan Agency for Planning regarding the
consistency of the Five-Year Capital Program with the Regional
Comprehensive Plan adopted pursuant to the Regional Planning
Act.
(Source: P.A. 95-708, eff. 1-18-08.)
(70 ILCS 3615/2.01c)
Sec. 2.01c. Innovation, Coordination, and Enhancement
Fund.
(a) The Authority shall establish an Innovation,
Coordination, and Enhancement Fund and deposit into the Fund
an amount equal to $10,000,000 in 2008, and, each year
thereafter, an amount equal to the amount deposited in the
previous year increased or decreased by the percentage growth
or decline in revenues received by the Authority from taxes

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imposed under Section 4.03 in the previous year. Amounts on
deposit in such Fund and interest and other earnings on those
amounts may be used by the Authority, upon the affirmative
vote of 12 of its then Directors, prior to February 1, 2026,
and by the affirmative vote of at least 14 of its then
Directors beginning February 1, 2026, and after a public
participation process, for operating or capital grants or
loans to Service Boards, transportation agencies, or units of
local government that advance the goals and objectives
identified by the Authority in its Strategic Plan, provided
that no improvement that has been included in a Five-Year
Capital Program as of the effective date of this amendatory
Act of the 95th General Assembly may receive any funding from
the Innovation, Coordination, and Enhancement Fund. Unless the
Board has determined, by a vote of 12 of its then Directors,
prior to February 1, 2026, and by the affirmative vote of at
least 14 of its then Directors beginning February 1, 2026,
that an emergency exists requiring the use of some or all of
the funds then in the Innovation, Coordination, and
Enhancement Fund, such funds may only be used to enhance the
coordination and integration of public transportation and
develop and implement innovations to improve the quality and
delivery of public transportation.
(b) Any grantee that receives funds from the Innovation,
Coordination, and Enhancement Fund for the operation of
eligible programs must (i) implement such programs within one

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year of receipt of such funds and (ii) within 2 years following
commencement of any program utilizing such funds, determine
whether it is desirable to continue the program, and upon such
a determination, either incorporate such program into its
annual operating budget and capital program or discontinue
such program. No additional funds from the Innovation,
Coordination, and Enhancement Fund may be distributed to a
grantee for any individual program beyond 2 years unless the
Authority, by the affirmative vote of at least 12 of its then
Directors, prior to February 1, 2026, and by the affirmative
vote of at least 14 of its then Directors, beginning February
1, 2026, waives this limitation. Any such waiver will be with
regard to an individual program and with regard to a one-year
period one year-period, and any further waivers for such
individual program require a subsequent vote of the Board.
(Source: P.A. 97-399, eff. 8-16-11.)
(70 ILCS 3615/2.04) (from Ch. 111 2/3, par. 702.04)
Sec. 2.04. Fares and Nature of Service.
(a) Whenever a Service Board provides any public
transportation by operating public transportation facilities,
the Service Board shall provide for the level and nature of
fares or charges to be made for such services, and the nature
and standards of public transportation to be so provided that
meet the goals and objectives adopted by the Authority in the
Strategic Plan. Provided, however that if the Board adopts a

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budget and financial plan for a Service Board in accordance
with the provisions in Section 4.11(b)(5), the Board may
consistent with the terms of any purchase of service contract
provide for the level and nature of fares to be made for such
services under the jurisdiction of that Service Board, and the
nature and standards of public transportation to be so
provided.
(b) Whenever a Service Board provides any public
transportation pursuant to grants made after June 30, 1975, to
transportation agencies for operating expenses (other than
with regard to experimental programs) or pursuant to any
purchase of service agreement, the purchase of service
agreement or grant contract shall provide for the level and
nature of fares or charges to be made for such services, and
the nature and standards of public transportation to be so
provided. A Service Board shall require all transportation
agencies with which it contracts, or from which it purchases
transportation services or to which it makes grants to provide
half fare transportation for their student riders if any of
such agencies provide for half fare transportation to their
student riders.
(c) In so providing for the fares or charges and the nature
and standards of public transportation, any purchase of
service agreements or grant contracts shall provide, among
other matters, for the terms or cost of transfers or
interconnections between different modes of transportation and

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different public transportation agencies, schedules or routes
of such service, changes which may be made in such service, the
nature and condition of the facilities used in providing
service, the manner of collection and disposition of fares or
charges, the records and reports to be kept and made
concerning such service, for interchangeable tickets or other
coordinated or uniform methods of collection of charges, and
shall further require that the transportation agency comply
with any determination made by the Board of the Authority
under and subject to the provisions of Section 2.12b of this
Act. In regard to any such service, the Authority and the
Service Boards shall give attention to and may undertake
programs to promote use of public transportation and to
provide coordinated ticket sales and passenger information. In
the case of a grant to a transportation agency which remains
subject to Illinois Commerce Commission supervision and
regulation, the Service Boards shall exercise the powers set
forth in this Section in a manner consistent with such
supervision and regulation by the Illinois Commerce
Commission.
(d) By January 1, 2013, the Authority, in consultation
with the Service Boards and the general public, must develop a
policy regarding transfer fares on all fixed-route public
transportation services provided by the Service Boards. The
policy shall also set forth the fare sharing agreements
between the Service Boards that apply to interagency fare

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passes and tickets. The policy established by the Authority
shall be submitted to each of the Service Boards for its
approval or comments and objection. After receiving the
policy, the Service Boards have 90 days to approve or take
other action regarding the policy. If all of the Service
Boards agree to the policy, then a regional agreement shall be
created and signed by each of the Service Boards. The terms of
the agreement may be changed upon petition by any of the
Service Boards and by agreement of the other Service Boards.
(e) By January 1, 2015, the Authority must develop and
implement a regional fare payment system. The regional fare
payment system must use and conform with established
information security industry standards and requirements of
the financial industry. The system must allow consumers to use
contactless credit cards, debit cards, and prepaid cards to
pay for all fixed-route public transportation services.
Beginning in 2012 and each year thereafter until 2015, the
Authority must submit an annual report to the Governor and
General Assembly describing the progress of the Authority and
each of the Service Boards in implementing the regional fare
payment system. The Authority must adopt rules to implement
the requirements set forth in this Section.
(f) Beginning July 1, 2026, the Authority shall be the
sole agency responsible for the management and oversight of
the fare collection systems used on all public transportation
provided by the Service Boards. In that capacity, the

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Authority shall develop and implement a regionally coordinated
and consolidated fare collection system to go into effect by
July 1, 2027. The Authority must develop and make available
for use by riders a universal fare instrument that may be used
interchangeably on all public transportation funded by the
Authority. The Authority and Service Boards must adopt rules
to implement the requirement set forth in this Section.
The Service Boards shall retain their own authority to set
fare rates under Sections 3A.10 and 3B.10 of this Act and
Section 30 of the Metropolitan Transit Authority Act. Any
change to fares proposed by a Service Board must be submitted
to the Authority for the Authority's consideration. The
Authority may disapprove of any proposed fare rate changes by
the Service Boards in whole or may propose a different fare
rate, within 30 days after the fare rate change was proposed by
an affirmative vote of at least 14 members of the Board.
Beginning January 1, 2026, at least once every 2 years,
the Authority shall assess the need to make fare adjustments
for public transportation provided by all Service Boards in
light of inflation, budgetary needs, and other relevant policy
considerations. The Authority shall perform the first
assessment beginning March 1, 2026. The Board shall submit
proposed fare changes to each Service Board for the Service
Board's consideration. The Service Boards shall adopt or
disapprove of any proposed fare rate changes within 30 days
after the Authority submitted the proposal by a simple

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majority vote of each Service Board.
(g) By July 1, 2026, the Authority shall implement:
(1) an income-based reduced fare program; and
(2) fare-capping for individual services and across
public transportation service providers. Fare-capping
means the action of no longer charging a rider for any
additional fares for the duration of a daily, weekly,
monthly, or 30-day pass once the rider has purchased
enough regular one-way fares to reach the cost of the
applicable pass.
(h) The Authority shall provide regular reports to the
Governor and General Assembly on progress made in implementing
the changes made by this amendatory Act of the 104th General
Assembly under subsections (f) and (g) of this Section as
outlined under Section 2.44.
(Source: P.A. 97-85, eff. 7-7-11.)
(70 ILCS 3615/2.05) (from Ch. 111 2/3, par. 702.05)
Sec. 2.05. Centralized Services; Acquisition and
Construction.
(a) The Authority may at the request of two or more Service
Boards, serve, or designate a Service Board to serve, as a
centralized purchasing agent for the Service Boards so
requesting.
(b) The Authority may at the request of two or more Service
Boards perform other centralized services such as ridership

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information and transfers between services under the
jurisdiction of the Service Boards where such centralized
services financially benefit the region as a whole. Provided,
however, that the Board may require transfers only upon an
affirmative vote of 12 of its then Directors, prior to
February 1, 2026, and by the affirmative vote of at least 14 of
its then Directors, beginning February 1, 2026.
(c) A Service Board or the Authority may for the benefit of
a Service Board, to meet its purposes, construct or acquire
any public transportation facility for use by a Service Board
or for use by any transportation agency and may acquire any
such facilities from any transportation agency, including also
without limitation any reserve funds, employees' pension or
retirement funds, special funds, franchises, licenses,
patents, permits and papers, documents and records of the
agency. In connection with any such acquisition from a
transportation agency the Authority may assume obligations of
the transportation agency with regard to such facilities or
property or public transportation operations of such agency.
In connection with any construction or acquisition, the
Authority shall make relocation payments as may be required by
federal law or by the requirements of any federal agency
authorized to administer any federal program of aid.
(d) The Authority shall, after consulting with the Service
Boards, develop regionally coordinated and consolidated sales,
marketing, advertising, and public information programs that

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promote the use and coordination of, and transfers among,
public transportation services in the metropolitan region. The
Authority shall develop and adopt, with the affirmative vote
of at least 12 of its then Directors, prior to February 1,
2026, and with the affirmative vote of at least 14 of its then
Directors, beginning February 1, 2026, rules and regulations
for the Authority and the Service Boards regarding such
programs to ensure that the Service Boards' independent
programs conform with the Authority's regional programs.
(Source: P.A. 95-708, eff. 1-18-08.)
(70 ILCS 3615/2.08) (from Ch. 111 2/3, par. 702.08)
Sec. 2.08. Protection Against Crime. The Authority shall
cooperate with the various State, municipal, sheriff's and
transportation agency police forces in the metropolitan region
for the protection of employees and consumers of public
transportation services and public transportation facilities
against crime. By July 1, 2026, the The Authority shall
establish may provide by ordinance for an Authority police
force to aid, coordinate, and supplement other police forces
in protecting persons and property and reducing the threats of
crime with regard to public transportation provided by all
Service Boards. The Authority police force shall have the
authority to police its transit property, vehicles, and
stations along all routes of the 3 Service Boards, carry out
investigations, and make arrests. Such police shall have the

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same powers with regard to such protection of persons and
property as those exercised by police of municipalities and
may include members of other police forces in the metropolitan
region. The Authority shall establish minimum standards for
selection and training of members of such police force
employed by it. Training shall be accomplished at schools
certified by the Illinois Law Enforcement Training Standards
Board established pursuant to the Illinois Police Training
Act. Such training shall be subject to the rules and standards
adopted pursuant to Section 7 of that Act. The Authority may
participate in any training program conducted under that Act.
The Authority may provide for the coordination or
consolidation of security services and police forces
maintained with regard to public transportation services and
facilities by various transportation agencies and may contract
with any municipality or county in the metropolitan region to
provide protection of persons or property with regard to
public transportation. The Authority police force shall work
in tandem with the Metra police force, supplementing their
services as needed. Employees of the Authority or of any
transportation agency affected by any action of the Authority
under this Section shall be provided the protection set forth
in Section 2.16. Neither the Authority, the Suburban Bus
Division, the Commuter Rail Division, nor any of their
Directors, officers or employees shall be held liable for
failure to provide a security or police force or, if a security

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or police force is provided, for failure to provide adequate
police protection or security, failure to prevent the
commission of crimes by fellow passengers or other third
persons or for the failure to apprehend criminals.
The Authority shall provide regular reports to the
Governor and General Assembly on progress made in implementing
the changes made by this amendatory Act of the 104th General
Assembly under this Section as outlined under Section 2.44.
These reports shall include the organizational structure of
the police force, number of officers, detectives, and other
staff employed, future employment plans, coordination and
partnerships with existing police forces, training
accomplishments, technology advancements, and a summary of
data on number of incidents of crime and code of conduct
violations on the system and other performance measures used
to evaluate the effectiveness of the police force.
(Source: P.A. 91-357, eff. 7-29-99.)
(70 ILCS 3615/2.08a new)
Sec. 2.08a. Transit Ambassador Program.
(a) By July 1, 2026, 2 separate Transit Ambassador
Programs shall be implemented to cover services provided by
the Chicago Transit Authority and the Suburban Bus Division.
The Chicago Transit Authority and the Suburban Bus Division
shall each implement a Transit Ambassador Program, comprised
of employees of each respective Service Board.

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(b) The purpose of the Transit Ambassador Programs shall
be to ensure the safety of transit system passengers and
personnel, provide assistance to passengers, and promote
compliance with system rules and governing laws.
(c) The Service Boards that have Transit Ambassador
Programs shall bargain with the unions with which it has
collective bargaining relationships to determine the initial
unit placement, hours, duties, qualifications, training,
compensation, and benefits of any positions created or
modified through or because of the Transit Ambassador Program.
Such duties may include:
(1) monitoring passenger activity and compliance with
laws and rules;
(2) inspecting passenger fares;
(3) providing navigational and other passenger
assistance; and
(4) liaising with law enforcement and social services
to address unsafe conditions, violations of rules,
regulations, and laws by passengers and to connect persons
with relevant social, medical, and other services.
(d) Employees hired to perform Transit Ambassador duties
shall be full-time employees of the Service Board establishing
the program.
(e) Those employed by the Chicago Transit Authority as
Customer Service Assistants shall be offered the positions
established pursuant to the Chicago Transit Authority Transit

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Ambassador Program prior to hiring any other personnel for the
positions.
(70 ILCS 3615/2.12b)
Sec. 2.12b. Coordination of Fares and Service. Upon the
request of a Service Board, the Executive Director of the
Authority may, upon the affirmative vote of 9 of the then
Directors of the Authority, prior to February 1, 2026, and by
the affirmative vote of at least 11 of its then Directors,
beginning February 1, 2026, intervene in any matter involving
(i) a dispute between Service Boards or a Service Board and a
transportation agency providing service on behalf of a Service
Board with respect to the terms of transfer between, and the
allocation of revenues from fares and charges for,
transportation services provided by the parties or (ii) a
dispute between 2 Service Boards with respect to coordination
of service, route duplication, or a change in service. Any
Service Board or transportation agency involved in such
dispute shall meet with the Executive Director, cooperate in
good faith to attempt to resolve the dispute, and provide any
books, records, and other information requested by the
Executive Director. If the Executive Director is unable to
mediate a resolution of any dispute, he or she may provide a
written determination recommending a change in the fares or
charges or the allocation of revenues for such service or
directing a change in the nature or provider of service that is

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the subject of the dispute. The Executive Director shall base
such determination upon the goals and objectives of the
Strategic Plan established pursuant to Section 2.01a(b). Such
determination shall be presented to the Board of the Authority
and, if approved, by the affirmative vote of at least 9 of the
then Directors of the Authority, prior to February 1, 2026,
and by the affirmative vote of at least 11 of its then
Directors, beginning February 1, 2026, shall be final and
shall be implemented by any affected Service Board and
transportation agency within the time frame required by the
determination.
(Source: P.A. 95-708, eff. 1-18-08.)
(70 ILCS 3615/2.14) (from Ch. 111 2/3, par. 702.14)
Sec. 2.14. Appointment of Officers and Employees. The
Authority may appoint, retain and employ officers, attorneys,
agents, engineers and employees. The officers shall include an
Executive Director, who shall be the chief executive officer
of the Authority, appointed by the Chairman with the
concurrence of 11 of the other then Directors of the Board,
prior to February 1, 2026, and by the concurrence of at least
13 Directors, beginning February 1, 2026. The Executive
Director shall organize the staff of the Authority, shall
allocate their functions and duties, shall transfer such staff
to the Suburban Bus Division and the Commuter Rail Division as
is sufficient to meet their purposes, shall fix compensation

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and conditions of employment of the staff of the Authority,
and consistent with the policies of and direction from the
Board, take all actions necessary to achieve its purposes,
fulfill its responsibilities and carry out its powers, and
shall have such other powers and responsibilities as the Board
shall determine. The Executive Director must be an individual
of proven transportation and management skills and may not be
a member of the Board. The Authority may employ its own
professional management personnel to provide professional and
technical expertise concerning its purposes and powers and to
assist it in assessing the performance of the Service Boards
in the metropolitan region.
No employee, officer, or agent of the Authority may
receive a bonus that exceeds 10% of his or her annual salary
unless that bonus has been reviewed by the Board for a period
of 14 days. After 14 days, the contract shall be considered
reviewed. This Section does not apply to usual and customary
salary adjustments.
No unlawful discrimination, as defined and prohibited in
the Illinois Human Rights Act, shall be made in any term or
aspect of employment nor shall there be discrimination based
upon political reasons or factors. The Authority shall
establish regulations to insure that its discharges shall not
be arbitrary and that hiring and promotion are based on merit.
The Authority shall be subject to the "Illinois Human
Rights Act", as now or hereafter amended, and the remedies and

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procedure established thereunder. The Authority shall file an
affirmative action program for employment by it with the
Department of Human Rights to ensure that applicants are
employed and that employees are treated during employment,
without regard to unlawful discrimination. Such affirmative
action program shall include provisions relating to hiring,
upgrading, demotion, transfer, recruitment, recruitment
advertising, selection for training and rates of pay or other
forms of compensation.
(Source: P.A. 98-1027, eff. 1-1-15.)
(70 ILCS 3615/2.18a) (from Ch. 111 2/3, par. 702.18a)
Sec. 2.18a. (a) The provisions of this Section apply to
collective bargaining agreements (including extensions and
amendments to existing agreements) between Service Boards or
transportation agencies subject to the jurisdiction of Service
Boards and their employees, which are entered into after
January 1, 1984.
(b) The Authority shall approve amended budgets prepared
by Service Boards which incorporate the costs of collective
bargaining agreements between Service Boards and their
employees. The Authority shall approve such an amended budget
provided that it determines, by the affirmative vote of 12 of
its then members, prior to February 1, 2026, and by the
affirmative vote of at least 14 of its then members, beginning
February 1, 2026, that the amended budget meets the standards

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established in Section 4.11.
(Source: P.A. 95-708, eff. 1-18-08.)
(70 ILCS 3615/2.30)
Sec. 2.30. Paratransit services.
(a) For purposes of this Act, "ADA paratransit services"
shall mean those comparable or specialized transportation
services provided by, or under grant or purchase of service
contracts of, the Service Boards to individuals with
disabilities who are unable to use fixed-route fixed route
transportation systems and who are determined to be eligible,
for some or all of their trips, for such services under the
Americans with Disabilities Act of 1990 and its implementing
regulations.
(b) Beginning July 1, 2005, the Authority is responsible
for the funding, from amounts on deposit in the ADA
Paratransit Fund established under Section 2.01d of this Act,
financial review and oversight of all ADA paratransit services
that are provided by the Authority or by any of the Service
Boards. The Suburban Bus Board shall operate or provide for
the operation of all ADA paratransit services by no later than
July 1, 2006, except that this date may be extended to the
extent necessary to obtain approval from the Federal Transit
Administration of the plan prepared pursuant to subsection
(c).
(c) No later than January 1, 2006, the Authority, in

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collaboration with the Suburban Bus Board and the Chicago
Transit Authority, shall develop a plan for the provision of
ADA paratransit services and submit such plan to the Federal
Transit Administration for approval. Approval of such plan by
the Authority shall require the affirmative votes of 12 of the
then Directors, prior to February 1, 2026, and the affirmative
votes of at least 14 of its then Directors, beginning February
1, 2026. The Suburban Bus Board, the Chicago Transit Authority
and the Authority shall comply with the requirements of the
Americans with Disabilities Act of 1990 and its implementing
regulations in developing and approving such plan including,
without limitation, consulting with individuals with
disabilities and groups representing them in the community,
and providing adequate opportunity for public comment and
public hearings. The plan shall include the contents required
for a paratransit plan pursuant to the Americans with
Disabilities Act of 1990 and its implementing regulations. The
plan shall also include, without limitation, provisions to:
(1) maintain, at a minimum, the levels of ADA
paratransit service that are required to be provided by
the Service Boards pursuant to the Americans with
Disabilities Act of 1990 and its implementing regulations;
(2) transfer the appropriate ADA paratransit services,
management, personnel, service contracts and assets from
the Chicago Transit Authority to the Authority or the
Suburban Bus Board, as necessary, by no later than July 1,

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2006, except that this date may be extended to the extent
necessary to obtain approval from the Federal Transit
Administration of the plan prepared pursuant to this
subsection (c);
(3) provide for consistent policies throughout the
metropolitan region for scheduling of ADA paratransit
service trips to and from destinations, with consideration
of scheduling of return trips on a "will-call" open-ended
basis upon request of the rider, if practicable, and with
consideration of an increased number of trips available by
subscription service than are available as of the
effective date of this amendatory Act;
(4) provide that service contracts and rates, entered
into or set after the approval by the Federal Transit
Administration of the plan prepared pursuant to subsection
(c) of this Section, with private carriers and taxicabs
for ADA paratransit service are procured by means of an
open procurement process;
(5) provide for fares, fare collection and billing
procedures for ADA paratransit services throughout the
metropolitan region;
(6) provide for performance standards for all ADA
paratransit service transportation carriers, with
consideration of door-to-door service;
(7) provide, in cooperation with the Illinois
Department of Transportation, the Illinois Department of

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Public Aid and other appropriate public agencies and
private entities, for the application and receipt of
grants, including, without limitation, reimbursement from
Medicaid or other programs for ADA paratransit services;
(8) provide for a system of dispatch of ADA
paratransit services transportation carriers throughout
the metropolitan region, with consideration of
county-based dispatch systems already in place as of the
effective date of this amendatory Act;
(9) provide for a process of determining eligibility
for ADA paratransit services that complies with the
Americans with Disabilities Act of 1990 and its
implementing regulations;
(10) provide for consideration of innovative methods
to provide and fund ADA paratransit services; and
(11) provide for the creation of one or more ADA
advisory boards, or the reconstitution of the existing ADA
advisory boards for the Service Boards, to represent the
diversity of individuals with disabilities in the
metropolitan region and to provide appropriate ongoing
input from individuals with disabilities into the
operation of ADA paratransit services.
(d) All revisions and annual updates to the ADA
paratransit services plan developed pursuant to subsection (c)
of this Section, or certifications of continued compliance in
lieu of plan updates, that are required to be provided to the

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Federal Transit Administration shall be developed by the
Authority, in collaboration with the Suburban Bus Board and
the Chicago Transit Authority, and the Authority shall submit
such revision, update or certification to the Federal Transit
Administration for approval. Approval of such revisions,
updates or certifications by the Authority shall require the
affirmative votes of 12 of the then Directors, prior to
February 1, 2026, and the affirmative votes of at least 14 of
the then Directors, beginning February 1, 2026.
(e) The Illinois Department of Transportation, the
Illinois Department of Public Aid, the Authority, the Suburban
Bus Board and the Chicago Transit Authority shall enter into
intergovernmental agreements as may be necessary to provide
funding and accountability for, and implementation of, the
requirements of this Section.
(f) By no later than April 1, 2007, the Authority shall
develop and submit to the General Assembly and the Governor a
funding plan for ADA paratransit services. Approval of such
plan by the Authority shall require the affirmative votes of
12 of the then Directors, prior to February 1, 2026, and by the
affirmative vote of at least 14 of its then Directors,
beginning February 1, 2026. The funding plan shall, at a
minimum, contain an analysis of the current costs of providing
ADA paratransit services, projections of the long-term costs
of providing ADA paratransit services, identification of and
recommendations for possible cost efficiencies in providing

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ADA paratransit services, and identification of and
recommendations for possible funding sources for providing ADA
paratransit services. The Illinois Department of
Transportation, the Illinois Department of Public Aid, the
Suburban Bus Board, the Chicago Transit Authority and other
State and local public agencies as appropriate shall cooperate
with the Authority in the preparation of such funding plan.
(g) Any funds derived from the federal Medicaid program
for reimbursement of the costs of providing ADA paratransit
services within the metropolitan region shall be directed to
the Authority and shall be used to pay for or reimburse the
costs of providing such services.
(h) Nothing in this amendatory Act shall be construed to
conflict with the requirements of the Americans with
Disabilities Act of 1990 and its implementing regulations.
(Source: P.A. 94-370, eff. 7-29-05; 95-708, eff. 1-18-08.)
(70 ILCS 3615/2.43 new)
Sec. 2.43. Comprehensive metropolitan region transit plan.
(a) By July 1, 2027, the Authority shall complete a plan
for the purpose of evaluating the metropolitan region's
existing public transportation funding and policy processes
and developing alternative solutions. The Authority shall
evaluate and consider the following topics and produce a final
report of the data, findings, and recommendations to the
General Assembly that:

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(1) evaluates the existing governance of the
metropolitan region's public transportation system,
including roles and responsibilities for each of the
Service Boards, the Authority, and the State;
(2) evaluates functions performed by the Authority and
each of the Service Boards that may be considered for
consolidation to be performed under the Authority,
including, but not limited to, procurement and purchasing,
accounting, grant management, communications, labor
relations, and human resources;
(3) evaluates existing planning processes, including
strategic plans, capital programming, and budgeting
performed by the Authority and each Service Board and
considers the implementation of a streamlined planning
process under the Authority;
(4) evaluates existing funding formulas for each of
the Service Boards and the Authority and considers
alternate funding distribution processes to be managed by
the Authority;
(5) evaluates existing coordination processes used
between the Service Boards regarding service routes and
connection between different services and considers the
development and implementation of a new, streamlined
approach to improve service connections;
(6) evaluates existing last-mile service options
through the service territory and considers the addition

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of region-wide services; and
(7) outlines a feasible consolidation process for
functions evaluated in this Section.
(b) By April 1, 2026, the Authority shall enter into a
contract with a third party to assist the Authority in
producing a document that evaluates the topics described in
this Section and outlines formal recommendations that can be
acted upon by the General Assembly. The Authority shall
prepare a summary of its activities and produce a final report
of the data, findings, and recommendations for the General
Assembly by July 1, 2027. The final report shall include
specific, actionable recommendations for legislation and
organizational adjustments.
(c) Throughout the development of the study, the Authority
and the third party performing the study shall coordinate with
labor organizations whose members are employed by the
Authority or the Service Boards. The Authority and third party
shall conduct, at a minimum, 2 meetings with these labor
organizations, with one occurring during the development and
fact-finding stage of the study and one occurring after the
completion of a draft but before the draft's consideration by
the Board.
(d) The Service Boards shall work closely with the
Authority and provide all relevant data and information
necessary to complete this plan. The Authority shall have
access to and the right to examine and copy all books,

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documents, papers, record or other source data of a Service
Board relevant to any information submitted pursuant to this
Section.
(e) This plan shall maintain the 3 Service Boards and
separate Authority and in no way shall consider consolidation
into one public transportation organization.
(f) The Authority shall provide regular reports to the
Governor and General Assembly on progress made in implementing
the changes made by this amendatory Act of the 104th General
Assembly under this Section as outlined under Section 2.44.
(70 ILCS 3615/2.44 new)
Sec. 2.44. Authority and Service Board accountability. To
ensure the changes made by this amendatory Act of the 104th
General Assembly are actively pursued and implemented in a
timely manner, the following accountability measures shall
apply to the Authority and Service Boards:
(1) In fiscal year 2026 and each fiscal year
thereafter, the Authority shall submit 2 reports to the
Governor and General Assembly reporting progress made on
reforms adopted under Sections 2.04, 2.08, 2.08a, 2.43,
3A.10, 3B.10, 4.01, and 4.09 of this Act. The reports
shall be submitted by September 15 and March 15 of each
year, beginning on September 15, 2025.
(2) The Service Boards shall work closely with the
Authority and provide all relevant data and information

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necessary to implement the changes made by this amendatory
Act of the 104th General Assembly.
(A) In fiscal year 2026 and each fiscal year
thereafter, the Service Boards shall submit quarterly
reports to the Authority reporting or progress made
under Sections 2.04, 2.08, 2.08a, 2.43, 3A.10, 3B.10,
4.01, and 4.09 of this Act. The reports shall be
submitted by January 31, April 30, July 31, and
October 31 of each year, beginning on October 31,
2025.
(B) If the Executive Director certifies that a
Service Board has not submitted data or documents as
requested by the Authority or has not been willing to
actively communicate and coordinate as requested by
the Authority concerning changes to Sections 2.04,
2.08, 2.08a, 2.43, 2.44, 3A.10, 3B.10, 4.01, and 4.09
of this Act by this amendatory Act of the 104th General
Assembly and if that certification is accepted by the
affirmative vote of at least 14 of the then Directors
of the Authority, then the Authority shall reduce the
distribution of funds for operating purposes to that
Service Board by 10% of the cash proceeds of taxes
imposed by the Authority under Section 4.03 and
Section 4.03.1 and 10% of the amounts transferred to
the Authority from the Public Transportation Fund
under subsection (a) of Section 4.09. Such reduction

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shall apply the first month following an affirmative
vote of the Directors. Such funding shall be released
to the Service Board only upon proof of cooperation by
the Service Boards, to be decided by the affirmative
vote of at least 14 of then Directors of the Authority.
(70 ILCS 3615/2.45 new)
Sec. 2.45. Illinois Jobs Plan.
(a) As used in this Section:
"Covered transportation agency" means the Chicago Transit
Authority, the Commuter Rail Division and the Suburban Bus
Division of the Regional Transportation Authority, the
Regional Transportation Authority, and all of their
subsidiaries and affiliates.
"Covered transportation contract" means a contract for the
acquisition of public transportation equipment, including, but
not limited to, rolling stock, locomotives, and buses with a
base-buy value of $10,000,000 or more.
"Illinois Jobs Plan" means a component of an application
submitted by applicants for covered transportation contracts
where bidders are required to state, at a minimum, all of the
following:
(1) The minimum number of full-time equivalent jobs
that will be retained and created if awarded the contract.
(2) The minimum wage and benefit amounts by job
classification for nonsupervisory workers on the contract.

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(3) The minimum number of jobs that will be
specifically retained and created for disadvantaged
workers as defined in Section 15-10 of the Community
Energy, Climate, and Jobs Planning Act, if awarded the
contract.
(4) Detailed description of and proposed amounts for
worker training by job classification.
(b) Notwithstanding any law requiring a government entity
to award contracts to the lowest responsible bidder, beginning
January 1, 2026, covered transportation agencies shall award
all covered transportation contracts using a competitive
best-value procurement process and shall require bidders to
submit an Illinois Jobs Plan for itself and any participating
subcontractor as part of their solicitation responses.
(c) Covered transportation agencies shall adopt and
publish procedures and guidelines for evaluating bidder
qualifications in accordance with this Section. Solicitation
documents shall disclose the minimum qualification
requirements and specify the criteria that will be assigned a
weighted value. The evaluation process shall use a scoring
method based on those factors, including the Illinois Jobs
Plan, and the contract price. The Illinois Jobs Plan shall be
scored as part of the overall proposal and incorporated as
material terms of the final contract.
(d) Contractors and participating subcontractors on
covered transportation contracts shall be required to submit

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annual Illinois Jobs Plan reports to covered transportation
agencies demonstrating compliance with their Illinois Jobs
Plan commitments. The Illinois Jobs Plan and annual compliance
reports shall be made available to the public and not be
considered trade secret, confidential, privileged, or
otherwise exempt from disclosure under paragraph (g) of
subsection (1) of Section 7 of the Freedom of Information Act.
(e) This Section does not apply to a contract awarded
based on a solicitation issued before January 1, 2026.
(70 ILCS 3615/3.01) (from Ch. 111 2/3, par. 703.01)
Sec. 3.01. Board of Directors. The corporate authorities
and governing body of the Authority shall be a Board
consisting of 13 Directors until April 1, 2008, and 16
Directors until February 1, 2026, and 21 Directors thereafter,
appointed as follows:
(a) Before February 1, 2026, 4 Four Directors appointed by
the Mayor of the City of Chicago, with the advice and consent
of the City Council of the City of Chicago, and, only until
April 1, 2008, a fifth director who shall be the Chairman of
the Chicago Transit Authority. After April 1, 2008 and until
February 1, 2026, the Mayor of the City of Chicago, with the
advice and consent of the City Council of the City of Chicago,
shall appoint a fifth Director. After February 1, 2026, the
Mayor of the City of Chicago, with the advice and consent of
the City Council of the City of Chicago, shall appoint 5

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Directors. The Directors appointed by the Mayor of the City of
Chicago shall not be the Chairman or a Director of the Chicago
Transit Authority. Each such Director shall reside in the City
of Chicago.
(b) Before February 1, 2026, 4 Four Directors appointed by
the votes of a majority of the members of the Cook County Board
elected from districts, a majority of the electors of which
reside outside Chicago. After April 1, 2008, a fifth Director
appointed by the President of the Cook County Board with the
advice and consent of the members of the Cook County Board.
After February 1, 2026, 5 Directors appointed by the President
of the Cook County Board with the advice and consent of the
members of the Cook County Board. At least 3 Directors Each
Director appointed under this subsection subparagraph shall
reside in that part of Cook County outside Chicago.
(c) Until April 1, 2008, 3 Directors appointed by the
Chairmen of the County Boards of DuPage, Kane, Lake, McHenry,
and Will Counties, as follows:
(i) Two Directors appointed by the Chairmen of the
county boards of Kane, Lake, McHenry and Will Counties,
with the concurrence of not less than a majority of the
Chairmen from such counties, from nominees by the
Chairmen. Each such Chairman may nominate not more than 2
persons for each position. Each such Director shall reside
in a county in the metropolitan region other than Cook or
DuPage Counties.

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(ii) One Director appointed by the Chairman of the
DuPage County Board with the advice and consent of the
DuPage County Board. Such Director shall reside in DuPage
County.
(d) After April 1, 2008 and continuing after February 1,
2026, 5 Directors appointed by the Chairmen of the County
Boards of DuPage, Kane, Lake and McHenry Counties and the
County Executive of Will County, as follows:
(i) One Director appointed by the Chairman of the Kane
County Board with the advice and consent of the Kane
County Board. Such Director shall reside in Kane County.
(ii) One Director appointed by the County Executive of
Will County with the advice and consent of the Will County
Board. Such Director shall reside in Will County.
(iii) One Director appointed by the Chairman of the
DuPage County Board with the advice and consent of the
DuPage County Board. Such Director shall reside in DuPage
County.
(iv) One Director appointed by the Chairman of the
Lake County Board with the advice and consent of the Lake
County Board. Such Director shall reside in Lake County.
(v) One Director appointed by the Chairman of the
McHenry County Board with the advice and consent of the
McHenry County Board. Such Director shall reside in
McHenry County.
(vi) (Blank). To implement the changes in appointing

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authority under this subparagraph (d) the three Directors
appointed under subparagraph (c) and residing in Lake
County, DuPage County, and Kane County respectively shall
each continue to serve as Director until the expiration of
their respective term of office and until his or her
successor is appointed and qualified or a vacancy occurs
in the office. Thereupon, the appointment shall be made by
the officials given appointing authority with respect to
the Director whose term has expired or office has become
vacant.
(e) Beginning February 1, 2026, 5 Directors appointed by
the Governor, with the advice and consent of the Senate. One
Director shall represent organized labor, one Director shall
represent the business community of the Chicago region, and
one Director shall represent a public transportation advocacy
organization. The Directors shall be appointed by February 1,
2026, and their terms shall begin at that time.
The Director representing organized labor shall reside
within the 6-county region of the Authority. The Director
shall be selected from a list of 3 persons recommended by the
president of a statewide labor organization representing labor
organizations recognized under the National Labor Relations
Act or the Railway Labor Act. If such a Director has not been
appointed within 60 days for the initial term, or appointed
within 60 days of the expiration of a term or a vacancy, then
the first person on the list provided to the Governor will

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automatically assume such office.
(f) The Chairperson serving on the effective date of this
amendatory Act of the 104th General Assembly shall continue to
serve as Chairperson until February 1, 2026 or until a
successor is appointed and qualified or a vacancy occurs in
the office. As soon as possible after the Board of Directors
convenes following the appointments on February 1, 2026, as
outlined in subsection (g) of this Section, a new Chairman
shall be appointed. The Chairperson shall be appointed by the
other Directors, by the affirmative vote of at least 13 of the
then Directors with at least 2 affirmative votes from
Directors who reside in the City of Chicago, at least 2
affirmative votes from Directors who reside in Cook County
outside the City of Chicago, and at least 2 affirmative votes
from Directors who reside in DuPage County, Lake County, Will
County, Kane County, or McHenry County. The Chairperson shall
not be appointed from among the other Directors. The chairman
shall be a resident of the metropolitan region.
(g) A new Board of Directors shall be appointed as
directed under this Section to begin their terms of office on
February 1, 2026, and their appointments shall be made in time
to begin their terms on February 1, 2026. All Directors
serving on the effective date of this amendatory Act of the
104th General Assembly shall retain their offices until
February 1, 2026. In the event of the expiration of a term of
office or a vacancy occurs prior to February 1, 2026, a new

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Director shall be appointed as directed in statute. A Director
serving in this position on January 31, 2026 may be
reappointed.
(1) Of the new Directors appointed under subsection
(a) of this Section on February 1, 2026, the Mayor of
Chicago shall appoint 2 Directors with 4-year terms and 3
Directors with 2-year terms. Subsequent terms of all
Directors shall be 4 years.
(2) Of the new Directors appointed under subsection
(b) of this Section on February 1, 2026, the President of
the Cook County Board shall appoint 3 Directors with
4-year terms and 2 Directors with 2-year terms. Subsequent
terms of all Directors shall be 4 years.
(3) Of the new Directors appointed under subsection
(d) of this Section on February 1, 2026, the Chairmen of
the County Boards of DuPage, Kane, and Lake Counties shall
appoint Directors with 2-year terms. Of the new Directors
appointed under subsection (d) of this Section on February
1, 2026, the Chairmen of the County Board of McHenry
County and the County Executive of Will County shall
appoint Directors with 4-year terms. Subsequent terms of
all Directors shall be 4 years.
(4) Of the new Directors appointed under subsection
(e) of this Section on February 1, 2026, the Governor
shall appoint 2 Directors with 4-year terms and one
Director with a 2-year term. Subsequent terms of all

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Directors shall be 4 years.
(h) Directors shall have diverse and substantial relevant
experience and expertise in overseeing the planning,
operation, and funding of a public transportation system,
including, but not limited to, backgrounds in urban and
regional planning, management of large capital projects, labor
and workforce development, business management, public
administration, transportation, and transit and ridership
advocacy. The Chairman serving on the effective date of this
amendatory Act of the 95th General Assembly shall continue to
serve as Chairman until the expiration of his or her term of
office and until his or her successor is appointed and
qualified or a vacancy occurs in the office. Upon the
expiration or vacancy of the term of the Chairman then serving
upon the effective date of this amendatory Act of the 95th
General Assembly, the Chairman shall be appointed by the other
Directors, by the affirmative vote of at least 11 of the then
Directors with at least 2 affirmative votes from Directors who
reside in the City of Chicago, at least 2 affirmative votes
from Directors who reside in Cook County outside the City of
Chicago, and at least 2 affirmative votes from Directors who
reside in the Counties of DuPage, Lake, Will, Kane, or
McHenry. The chairman shall not be appointed from among the
other Directors. The chairman shall be a resident of the
metropolitan region.
(f) Except as otherwise provided by this Act no Director

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shall, while serving as such, be an officer, a member of the
Board of Directors or Trustees or an employee of any Service
Board or transportation agency, or be an employee of the State
of Illinois or any department or agency thereof, or of any
municipality, county, or any other unit of local government or
receive any compensation from any elected or appointed office
under the Constitution and laws of Illinois; except that a
Director may be a member of a school board.
(i) (g) Each appointment made under this Section and under
Section 3.03 shall be certified by the appointing authority to
the Board, which shall maintain the certifications as part of
the official records of the Authority.
(h) (Blank).
(Source: P.A. 98-709, eff. 7-16-14.)
(70 ILCS 3615/3.03) (from Ch. 111 2/3, par. 703.03)
Sec. 3.03. Terms, vacancies. Prior to February 1, 2026,
each Each Director shall hold office for a term of 5 years, and
until his successor has been appointed and has qualified. A
vacancy shall occur upon resignation, death, conviction of a
felony, or removal from office of a Director. Any Director may
be removed from office (i) upon concurrence of not less than 11
Directors, on a formal finding of incompetence, neglect of
duty, or malfeasance in office or (ii) by the Governor in
response to a summary report received from the Executive
Inspector General in accordance with Section 20-50 of the

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State Officials and Employees Ethics Act, provided he or she
has an opportunity to be publicly heard in person or by counsel
prior to removal. Within 30 days after the office of any member
becomes vacant for any reason, the appointing authorities of
such member shall make an appointment to fill the vacancy. A
vacancy shall be filled for the unexpired term.
Beginning February 1, 2026, each Director shall hold
office for a term of 4 years and until the Director's successor
has been appointed and has qualified. A vacancy shall occur
upon resignation, death, conviction of a felony, or removal
from office of a Director. Any Director may be removed from
office (i) upon concurrence of at least 14 of the current
Directors, on a formal finding of incompetence, neglect of
duty, or malfeasance in office or (ii) by the Governor in
response to a summary report received from the Executive
Inspector General in accordance with Section 20-50 of the
State Officials and Employees Ethics Act, provided the
Director has an opportunity to be publicly heard in person or
by counsel before removal. Within 30 days after the office of
any Director becomes vacant for any reason, the appointing
authorities of the Director shall make an appointment to fill
the vacancy. A vacancy shall be filled for the unexpired term.
Whenever a vacancy for a Director, except as to the
Chairman or those Directors appointed by the Mayor of the City
of Chicago, exists for longer than 4 months, the new Director
shall be chosen by election by all legislative members in the

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General Assembly representing the affected area. In order to
qualify as a voting legislative member in this matter, the
affected area must be more than 50% of the geographic area of
the legislative district.
(Source: P.A. 95-708, eff. 1-18-08; 96-1528, eff. 7-1-11.)
(70 ILCS 3615/3.05) (from Ch. 111 2/3, par. 703.05)
Sec. 3.05. Meetings. The Board shall prescribe the times
and places for meetings and the manner in which special
meetings may be called. The Board shall comply in all respects
with the "Open Meetings Act", approved July 11, 1957, as now or
hereafter amended. All records, documents and papers of the
Authority, other than those relating to matters concerning
which closed sessions of the Board may be held, shall be
available for public examination, subject to such reasonable
regulations as the Board may adopt.
A majority of the Directors holding office shall
constitute a quorum for the conduct of business. Except as
otherwise provided in this Act, the affirmative votes of at
least 9 Directors, prior to February 1, 2026, and by the
affirmative vote of at least 11 Directors, beginning February
1, 2026, shall be necessary for approving any contract or
agreement, adopting any rule or regulation, and any other
action required by this Act to be taken by resolution or
ordinance.
The Board shall meet with the Regional Citizens Advisory

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Board at least once every 4 months.
Open meetings of the Board shall be broadcast to the
public and maintained in real-time on the Board's website
using a high-speed Internet connection. Recordings of each
meeting broadcast shall be posted to the Board's website
within a reasonable time after the meeting and shall be
maintained as public records to the extent practicable, as
determined by the Board. Compliance with the provisions of
this amendatory Act of the 98th General Assembly does not
relieve the Board of its obligations under the Open Meetings
Act.
(Source: P.A. 98-1139, eff. 6-1-15.)
(70 ILCS 3615/3A.02) (from Ch. 111 2/3, par. 703A.02)
Sec. 3A.02. Suburban Bus Board. Beginning February 1,
2026, the The governing body of the Suburban Bus Division
shall be a board consisting of 12 13 directors appointed as
follows:
(a) Until February 1, 2026, 6 Six Directors appointed
by the members of the Cook County Board elected from that
part of Cook County outside of Chicago, or in the event
such Board of Commissioners becomes elected from single
member districts, by those Commissioners elected from
districts, a majority of the residents of which reside
outside of Chicago from the chief executive officers of
the municipalities, of that portion of Cook County outside

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of Chicago. On and after February 1, 2026, a total of 6
Directors appointed by the President of the Cook County
Board of Commissioners with the advice and consent of the
members of the Cook County Board of Commissioners. The
members shall reside in the part of Cook County outside
the City of Chicago, except Provided however, that:
(1) One of the Directors shall be a representative
of organized labor. The Director shall reside within
the 6-county region of the Authority. The Director
shall be selected from a list of 3 persons recommended
by the president of a statewide labor organization
representing labor organizations recognized under the
National Labor Relations Act or the Railway Labor Act.
If the Director has not been appointed within 60 days
for the initial term, or appointed within 60 days of
the expiration of a term of office or a vacancy, the
first person on the list provided to the President of
Cook County shall automatically assume the office;
(2) One of the Directors shall be a representative
of a senior advocacy organization and shall reside
within Cook County;
(3) One of the Directors shall be a representative
of the disability rights community and shall reside in
the part of Cook County outside the City of Chicago;
and
(4) Three of the Directors shall be at-large

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Directors and shall reside in the part of Cook County
outside of the City of Chicago;
(i) One of the Directors shall be the chief
executive officer of a municipality within the area of
the Northwest Region defined in Section 3A.13;
(ii) One of the Directors shall be the chief
executive officer of a municipality within the area of
the North Central Region defined in Section 3A.13;
(iii) One of the Directors shall be the chief
executive officer of a municipality within the area of
the North Shore Region defined in Section 3A.13;
(iv) One of the Directors shall be the chief
executive officer of a municipality within the area of
the Central Region defined in Section 3A.13;
(v) One of the Directors shall be the chief
executive officer of a municipality within the area of
the Southwest Region defined in Section 3A.13;
(vi) One of the Directors shall be the chief
executive officer of a municipality within the area of
the South Region defined in Section 3A.13;
(b) One Director by the Chairman of the Kane County
Board who shall be a chief executive officer of a
municipality within Kane County;
(c) One Director by the Chairman of the Lake County
Board who shall be a chief executive officer of a
municipality within Lake County;

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(d) One Director by the Chairman of the DuPage County
Board who shall be a chief executive officer of a
municipality within DuPage County;
(e) One Director by the Chairman of the McHenry County
Board who shall be a chief executive officer of a
municipality within McHenry County;
(f) One Director by the Chairman of the Will County
Board who shall be a chief executive officer of a
municipality within Will County;
(g) The Commissioner of the Mayor's Office for People
with Disabilities, from the City of Chicago, who shall
serve as an ex-officio member; and
(h) The Chairperson serving on the effective date of
this amendatory Act of the 104th General Assembly shall
continue to serve as Chairperson until February 1, 2026 or
until a successor is appointed and qualified or until a
vacancy occurs in the office. As soon as possible after
the Suburban Bus Board convenes following the appointments
on February 1, 2026 as outlined in subsections (i) and (j)
of this Section, a new Chairperson shall be appointed. The
Chairperson shall be appointed from among the other
Directors by the affirmative vote of at least 8 of the then
Directors Chairman by the Governor for the initial term,
and thereafter by a majority of the Chairmen of the
DuPage, Kane, Lake, McHenry and Will County Boards and the
members of the Cook County Board elected from that part of

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Cook County outside of Chicago, or in the event such Board
of Commissioners is elected from single member districts,
by those Commissioners elected from districts, a majority
of the electors of which reside outside of Chicago; and
who after the effective date of this amendatory Act of the
95th General Assembly may not be a resident of the City of
Chicago.
(i) To implement the changes in appointing authority under
subsection (a) of this Section all existing Directors serving
on the effective date of this amendatory Act of the 104th
General Assembly shall retain their offices until the
expiration or vacancy of their respective terms of office or
until February 1, 2026, whichever occurs first. In the event
of the expiration of the term of office or a vacancy of these
offices occurs before February 1, 2026, a new Director shall
be appointed as directed in statute. New Directors shall be
appointed in accordance with subsection (a) of this Section
will begin their terms of office on February 1, 2026 and the
appointment shall be made in due time to begin their terms at
this time. Of the Directors to be appointed on February 1,
2026, the President of the Cook County Board shall appoint 3
Directors with a 4-year term and 3 Directors with a 2-year
term. Subsequent terms of all Directors shall be 4-years. A
Director serving in this position on January 31, 2026 may be
reappointed if so chosen.
(j) All existing Directors appointed under subsections

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(b), (c), (d), (e), and (f) of this Section serving on the
effective date of this amendatory Act of the 104th General
Assembly will retain their offices until the expiration or
vacancy of their respective term of office or until February
1, 2026, whichever occurs first. In the event of the
expiration of the term or a vacancy of these offices occurs
prior to February 1, 2026, a new Director shall be appointed as
directed in statute. New Directors shall be appointed in
accordance with subsections (b), (c), (d), (e), and (f) of
this Section to begin their terms on February 1, 2026 and the
appointment shall be made in time to begin their terms on
February 1, 2026. Of the new Directors appointed under
paragraphs (b), (c), (d), (e), and (f) of this Section on
February 1, 2026, the Chairmen of the County Boards of DuPage,
Kane, and Lake Counties will appoint Directors with 4-year
terms. Of the new Directors appointed under subsection (d) of
this Section on February 1, 2026, the Chairmen of the County
Board of McHenry County and the County Executive of Will
County will appoint Directors with 2-year terms. Subsequent
terms of all Directors will be 4 years. A Director serving in
this position on January 31, 2026 may be reappointed if so
chosen.
(k) Directors shall have diverse and substantial relevant
experience and expertise in overseeing the planning,
operation, and funding of a public transportation system,
including, but not limited to, backgrounds in urban and

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regional planning, management of large capital projects, labor
and workforce development, business management, public
administration, transportation, and transit and ridership
advocacy.
(l) Each appointment made under subsections paragraphs (a)
through (g) and under Section 3A.03 shall be certified by the
appointing authority to the Suburban Bus Board which shall
maintain the certifications as part of the official records of
the Suburban Bus Board; provided that the initial appointments
shall be certified to the Secretary of State, who shall
transmit the certifications to the Suburban Bus Board
following its organization.
For the purposes of this Section, "chief executive officer
of a municipality" includes a former chief executive officer
of a municipality within the specified Region or County,
provided that the former officer continues to reside within
such Region or County.
(Source: P.A. 95-906, eff. 8-26-08.)
(70 ILCS 3615/3A.09) (from Ch. 111 2/3, par. 703A.09)
Sec. 3A.09. General powers. In addition to any powers
elsewhere provided to the Suburban Bus Board, it shall have
all of the powers specified in Section 2.20 of this Act except
for the powers specified in Section 2.20(a)(v). The Board
shall also have the power:
(a) to cooperate with the Regional Transportation

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Authority in the exercise by the Regional Transportation
Authority of all the powers granted it by such Act;
(b) to receive funds from the Regional Transportation
Authority pursuant to Sections 2.02, 4.01, 4.02, 4.09 and
4.10 of the Regional Transportation Authority Act, all as
provided in the Regional Transportation Authority Act;
(c) to receive financial grants from the Regional
Transportation Authority or a Service Board, as defined in
the Regional Transportation Authority Act, upon such terms
and conditions as shall be set forth in a grant contract
between either the Division and the Regional
Transportation Authority or the Division and another
Service Board, which contract or agreement may be for such
number of years or duration as the parties agree, all as
provided in the Regional Transportation Authority Act;
(d) to perform all functions necessary for the
provision of paratransit services under Section 2.30 of
this Act;
(e) to borrow money for the purposes of: (i)
constructing a new garage in the northwestern Cook County
suburbs, (ii) converting the South Cook garage in Markham
to a Compressed Natural Gas facility, (iii) constructing a
new paratransit garage in DuPage County, (iv) expanding
the North Shore garage in Evanston to accommodate
additional indoor bus parking, and (v) purchasing new
transit buses. For the purpose of evidencing the

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obligation of the Suburban Bus Board to repay any money
borrowed as provided in this subsection, the Suburban Bus
Board may issue revenue bonds from time to time pursuant
to ordinance adopted by the Suburban Bus Board, subject to
the approval of the Regional Transportation Authority of
each such issuance by the affirmative vote of 12 of its
then Directors, prior to February 1, 2026, and by the
affirmative vote of at least 14 members, beginning
February 1, 2026; provided that the Suburban Bus Board may
not issue bonds for the purpose of financing the
acquisition, construction, or improvement of any facility
other than those listed in this subsection (e). All such
bonds shall be payable solely from the revenues or income
or any other funds that the Suburban Bus Board may
receive, provided that the Suburban Bus Board may not
pledge as security for such bonds the moneys, if any, that
the Suburban Bus Board receives from the Regional
Transportation Authority pursuant to Section 4.03.3(f) of
the Regional Transportation Authority Act. The bonds shall
bear interest at a rate not to exceed the maximum rate
authorized by the Bond Authorization Act and shall mature
at such time or times not exceeding 25 years from their
respective dates. Bonds issued pursuant to this paragraph
must be issued with scheduled principal or mandatory
redemption payments in equal amounts in each fiscal year
over the term of the bonds, with the first principal or

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mandatory redemption payment scheduled within the fiscal
year in which bonds are issued or within the next
succeeding fiscal year. At least 25%, based on total
principal amount, of all bonds authorized pursuant to this
Section shall be sold pursuant to notice of sale and
public bid. No more than 75%, based on total principal
amount, of all bonds authorized pursuant to this Section
shall be sold by negotiated sale. The maximum principal
amount of the bonds that may be issued may not exceed
$100,000,000. The bonds shall have all the qualities of
negotiable instruments under the laws of this State. To
secure the payment of any or all of such bonds and for the
purpose of setting forth the covenants and undertakings of
the Suburban Bus Board in connection with the issuance
thereof and the issuance of any additional bonds payable
from such revenue or income as well as the use and
application of the revenue or income received by the
Suburban Bus Board, the Suburban Bus Board may execute and
deliver a trust agreement or agreements; provided that no
lien upon any physical property of the Suburban Bus Board
shall be created thereby. A remedy for any breach or
default of the terms of any such trust agreement by the
Suburban Bus Board may be by mandamus proceedings in any
court of competent jurisdiction to compel performance and
compliance therewith, but the trust agreement may
prescribe by whom or on whose behalf such action may be

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instituted. Under no circumstances shall any bonds issued
by the Suburban Bus Board or any other obligation of the
Suburban Bus Board in connection with the issuance of such
bonds be or become an indebtedness or obligation of the
State of Illinois, the Regional Transportation Authority,
or any other political subdivision of or municipality
within the State, nor shall any such bonds or obligations
be or become an indebtedness of the Suburban Bus Board
within the purview of any constitutional limitation or
provision, and it shall be plainly stated on the face of
each bond that it does not constitute such an indebtedness
or obligation but is payable solely from the revenues or
income as aforesaid; and
(f) to adopt ordinances and make all rules and
regulations proper or necessary to regulate the use,
operation, and maintenance of its property and facilities
and to carry into effect the powers granted to the
Suburban Bus Board, with any necessary fines or penalties,
such as the suspension of riding privileges or
confiscation of fare media under Section 2.40, as the
Board deems proper.
(Source: P.A. 103-281, eff. 1-1-24.)
(70 ILCS 3615/3A.10) (from Ch. 111 2/3, par. 703A.10)
Sec. 3A.10. Budget and Program. The Suburban Bus Board,
subject to the powers of the Authority in Section 4.11, shall

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control the finances of the Division. It shall by ordinance
appropriate money to perform the Division's purposes and
provide for payment of debts and expenses of the Division.
Each year the Suburban Bus Board shall prepare and publish a
comprehensive annual budget and proposed five-year capital
program document, and a financial plan for the 2 years
thereafter describing the state of the Division and presenting
for the forthcoming fiscal year and the 2 following years the
Suburban Bus Board's plans for such operations and capital
expenditures as it intends to undertake and the means by which
it intends to finance them. The proposed budget, financial
plan, and five-year capital program shall be based on the
Authority's estimate of funds to be made available to the
Suburban Bus Board by or through the Authority and shall
conform in all respects to the requirements established by the
Authority. The proposed budget, financial plan, and five-year
capital program shall contain a statement of the funds
estimated to be on hand at the beginning of the fiscal year,
the funds estimated to be received from all sources for such
year and the funds estimated to be on hand at the end of such
year. The fiscal year of the Division shall be the same as the
fiscal year of the Authority. Before the proposed budget,
financial plan, and five-year capital program are submitted to
the Authority, the Suburban Bus Board shall hold at least one
public hearing thereon in each of the counties in the
metropolitan region in which the Division provides service.

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The Suburban Bus Board shall hold at least one meeting for
consideration of the proposed budget, financial plan, and
five-year capital program with the county board of each of the
several counties in the metropolitan region in which the
Division provides service. Prior to the capital program being
submitted to the Authority, the Suburban Bus Board shall hold
at least one meeting for consideration of the proposed 5-year
capital program with representatives of labor organizations
that have a collective bargaining agreement with the Suburban
Bus Board. After conducting such hearings and holding such
meetings and after making such changes in the proposed budget,
financial plan, and five-year capital program as the Suburban
Bus Board deems appropriate, it shall adopt an annual budget
ordinance at least by November 15 next preceding the beginning
of each fiscal year. The budget, financial plan, and five-year
capital program shall then be submitted to the Authority as
provided in Section 4.11. In the event that the Board of the
Authority determines that the budget and financial plan do not
meet the standards of Section 4.11, the Suburban Bus Board
shall make such changes as are necessary to meet such
requirements and adopt an amended budget ordinance. The
amended budget ordinance shall be resubmitted to the Authority
pursuant to Section 4.11. The ordinance shall appropriate such
sums of money as are deemed necessary to defray all necessary
expenses and obligations of the Division, specifying purposes
and the objects or programs for which appropriations are made

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and the amount appropriated for each object or program.
Additional appropriations, transfers between items and other
changes in such ordinance which do not alter the basis upon
which the balanced budget determination was made by the Board
of the Authority may be made from time to time by the Suburban
Bus Board.
The budget shall:
(i) show a balance between (A) anticipated revenues
from all sources including operating subsidies and (B) the
costs of providing the services specified and of funding
any operating deficits or encumbrances incurred in prior
periods, including provision for payment when due of
principal and interest on outstanding indebtedness;
(ii) show cash balances including the proceeds of any
anticipated cash flow borrowing sufficient to pay with
reasonable promptness all costs and expenses as incurred;
(iii) provide for a level of fares or charges and
operating or administrative costs for the public
transportation provided by or subject to the jurisdiction
of the Suburban Bus Board sufficient to allow the Suburban
Bus Board to meet its required system generated revenues
recovery ratio and, beginning with the 2007 fiscal year,
its system generated ADA paratransit services revenue
recovery ratio;
(iv) be based upon and employ assumptions and
projections which are reasonable and prudent;

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(v) have been prepared in accordance with sound
financial practices as determined by the Board of the
Authority;
(vi) meet such other uniform financial, budgetary, or
fiscal requirements that the Board of the Authority may by
rule or regulation establish; and
(vii) be consistent with the goals and objectives
adopted by the Regional Transportation Authority in the
Strategic Plan.
(Source: P.A. 94-370, eff. 7-29-05; 95-708, eff. 1-18-08.)
(70 ILCS 3615/3A.14) (from Ch. 111 2/3, par. 703A.14)
Sec. 3A.14. Labor.
(a) The provisions of this Section apply to collective
bargaining agreements (including extensions and amendments of
existing agreements) entered into on or after January 1, 1984.
(b) The Suburban Bus Board shall deal with and enter into
written contracts with their employees, through accredited
representatives of such employees authorized to act for such
employees concerning wages, salaries, hours, working
conditions, and pension or retirement provisions about which a
collective bargaining agreement has been entered prior to the
effective date of this amendatory Act of 1983. Any such
agreement of the Suburban Bus Board shall provide that the
agreement may be reopened if the amended budget submitted
pursuant to Section 2.18a of this Act is not approved by the

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Board of the Authority. The agreement may not include a
provision requiring the payment of wage increases based on
changes in the Consumer Price Index. The Suburban Bus Board
shall not have the authority to enter collective bargaining
agreements with respect to inherent management rights, which
include such areas of discretion or policy as the functions of
the employer, standards of services, its overall budget, the
organizational structure and selection of new employees and
direction of personnel. Employers, however, shall be required
to bargain collectively with regard to policy matters directly
affecting wages, hours and terms and conditions of employment,
as well as the impact thereon, upon request by employee
representatives. To preserve the rights of employers and
exclusive representatives which have established collective
bargaining relationships or negotiated collective bargaining
agreements prior to the effective date of this amendatory Act
of 1983, employers shall be required to bargain collectively
with regard to any matter concerning wages, hours or
conditions of employment about which they have bargained prior
to the effective date of this amendatory Act of 1983.
(c) The collective bargaining agreement may not include a
prohibition on the use of part-time operators on any service
operated by the Suburban Bus Board except where prohibited by
federal law.
(d) Within 30 days of the signing of any such collective
bargaining agreement, the Suburban Bus Board shall determine

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the costs of each provision of the agreement, prepare an
amended budget incorporating the costs of the agreement, and
present the amended budget to the Board of the Authority for
its approval under Section 4.11. The Board may approve the
amended budget by an affirmative vote of 12 of its then
Directors, prior to February 1, 2026, and by the affirmative
vote of at least 14 members, beginning February 1, 2026. If the
budget is not approved by the Board of the Authority, the
agreement may be reopened and its terms may be renegotiated.
Any amended budget which may be prepared following
renegotiation shall be presented to the Board of the Authority
for its approval in like manner.
(Source: P.A. 95-708, eff. 1-18-08.)
(70 ILCS 3615/3B.02) (from Ch. 111 2/3, par. 703B.02)
Sec. 3B.02. Commuter Rail Board.
(a) Until April 1, 2008, the governing body of the
Commuter Rail Division shall be a board consisting of 7
directors appointed pursuant to Sections 3B.03 and 3B.04, as
follows:
(1) One director shall be appointed by the Chairman of
the Board of DuPage County with the advice and consent of
the County Board of DuPage County and shall reside in
DuPage County.
(2) Two directors appointed by the Chairmen of the
County Boards of Kane, Lake, McHenry and Will Counties

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with the concurrence of not less than a majority of the
chairmen from such counties, from nominees by the
Chairmen. Each such chairman may nominate not more than
two persons for each position. Each such director shall
reside in a county in the metropolitan region other than
Cook or DuPage County.
(3) Three directors appointed by the members of the
Cook County Board elected from that part of Cook County
outside of Chicago, or, in the event such Board of
Commissioners becomes elected from single member
districts, by those Commissioners elected from districts,
a majority of the residents of which reside outside
Chicago. In either case, such appointment shall be with
the concurrence of 4 four such Commissioners. Each such
director shall reside in that part of Cook County outside
Chicago.
(4) One director appointed by the Mayor of the City of
Chicago, with the advice and consent of the City Council
of the City of Chicago. Such director shall reside in the
City of Chicago.
(5) The chairman shall be appointed by the directors,
from the members of the board, with the concurrence of 5 of
such directors.
(b) After April 1, 2008 and before February 1, 2026, the
governing body of the Commuter Rail Division shall be a board
consisting of 11 directors appointed, pursuant to Sections

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3B.03 and 3B.04, as follows:
(1) One Director shall be appointed by the Chairman of
the DuPage County Board with the advice and consent of the
DuPage County Board and shall reside in DuPage County. To
implement the changes in appointing authority under this
Section, upon the expiration of the term of or vacancy in
office of the Director appointed under item (1) of
subsection (a) of this Section who resides in DuPage
County, a Director shall be appointed under this
subparagraph.
(2) One Director shall be appointed by the Chairman of
the McHenry County Board with the advice and consent of
the McHenry County Board and shall reside in McHenry
County. To implement the change in appointing authority
under this Section, upon the expiration of the term of or
vacancy in office of the Director appointed under item (2)
of subsection (a) of this Section who resides in McHenry
County, a Director shall be appointed under this
subparagraph.
(3) One Director shall be appointed by the Will County
Executive with the advice and consent of the Will County
Board and shall reside in Will County. To implement the
change in appointing authority under this Section, upon
the expiration of the term of or vacancy in office of the
Director appointed under item (2) of subsection (a) of
this Section who resides in Will County, a Director shall

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be appointed under this subparagraph.
(4) One Director shall be appointed by the Chairman of
the Lake County Board with the advice and consent of the
Lake County Board and shall reside in Lake County.
(5) One Director shall be appointed by the Chairman of
the Kane County Board with the advice and consent of the
Kane County Board and shall reside in Kane County.
(6) One Director shall be appointed by the Mayor of
the City of Chicago with the advice and consent of the City
Council of the City of Chicago and shall reside in the City
of Chicago. To implement the changes in appointing
authority under this Section, upon the expiration of the
term of or vacancy in office of the Director appointed
under item (4) of subsection (a) of this Section who
resides in the City of Chicago, a Director shall be
appointed under this subparagraph.
(7) Five Directors residing in Cook County outside of
the City of Chicago, as follows:
(i) One Director who resides in Cook County
outside of the City of Chicago, appointed by the
President of the Cook County Board with the advice and
consent of the members of the Cook County Board.
(ii) One Director who resides in the township of
Barrington, Palatine, Wheeling, Hanover, Schaumburg,
or Elk Grove. To implement the changes in appointing
authority under this Section, upon the expiration of

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the term of or vacancy in office of the Director
appointed under paragraph (3) of subsection (a) of
this Section who resides in the geographic area
described in this subparagraph, a Director shall be
appointed under this subparagraph.
(iii) One Director who resides in the township of
Northfield, New Trier, Maine, Niles, Evanston, Leyden,
Norwood Park, River Forest, or Oak Park.
(iv) One Director who resides in the township of
Proviso, Riverside, Berwyn, Cicero, Lyons, Stickney,
Lemont, Palos, or Orland. To implement the changes in
appointing authority under this Section, upon the
expiration of the term of or vacancy in office of the
Director appointed under paragraph (3) of subsection
(a) of this Section who resides in the geographic area
described in this subparagraph and whose term of
office had not expired as of August 1, 2007, a Director
shall be appointed under this subparagraph.
(v) One Director who resides in the township of
Worth, Calumet, Bremen, Thornton, Rich, or Bloom. To
implement the changes in appointing authority under
this Section, upon the expiration of the term of or
vacancy in office of the Director appointed under
paragraph (3) of subsection (a) of this Section who
resides in the geographic area described in this
subparagraph and whose term of office had expired as

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of August 1, 2007, a Director shall be appointed under
this subparagraph.
(vi) The Directors identified under the provisions
of subparagraphs (ii) through (v) of this paragraph
(7) shall be appointed by the members of the Cook
County Board. Each individual Director shall be
appointed by those members of the Cook County Board
whose Board districts overlap in whole or in part with
the geographic territory described in the relevant
subparagraph. The vote of County Board members
eligible to appoint directors under the provisions of
subparagraphs (ii) through (v) of this paragraph (7)
shall be weighted by the number of electors residing
in those portions of their Board districts within the
geographic territory described in the relevant
subparagraph (ii) through (v) of this paragraph (7).
(8) The Chairman shall be appointed by the Directors,
from the members of the Board, with the concurrence of 8 of
such Directors. To implement the changes in appointing
authority under this Section, upon the expiration of the
term of or vacancy in office of the Chairman appointed
under item (5) of subsection (a) of this Section, a
Chairman shall be appointed under this subparagraph.
(c) On and after February 1, 2026 the governing body of the
Commuter Rail Division shall be a board consisting of 11
Directors appointed under Sections 3B.03 and 3B.04 as follows:

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(1) One Director shall be appointed by the Mayor of
the City of Chicago with the advice and consent of the City
Council of the City of Chicago for an initial term of 4
years. Subsequent terms shall be 4 years. The Director
appointed under this paragraph (1) shall reside within the
City of Chicago.
(2) Five Directors shall be appointed by the President
of the Cook County Board of Commissioners with the advice
and consent of the members of the Cook County Board of
Commissioners. Of these 5 Directors, 3 shall have an
initial term of 2 years, and 2 shall have an initial term
of 4 years. Subsequent terms of all members shall be 4
years. The Directors appointed under this paragraph (2)
shall reside in the part of Cook County outside the City of
Chicago.
(3) One of the Directors appointed by the President of
the Cook County Board of Commissioners shall be a
representative of organized labor. The Director appointed
under this paragraph (3) shall reside within the 6-county
region of the Authority and shall be selected from a list
of 3 persons recommended by the president of a statewide
labor organization representing labor organizations
recognized under the National Labor Relations Act or the
Railway Labor Act. If the Director has not been appointed
within 60 days for the initial term, or appointed within
60 days of the expiration of a term or a vacancy, the first

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person on the list provided to the President of the Cook
County Board shall automatically assume the office.
(4) Five Directors appointed by the Chairmen of the
County Boards of DuPage, Kane, Lake, and McHenry counties
and the County Executive of Will County as follows:
(A) One Director appointed by the Chairman of the
DuPage County Board with the advice and consent of the
DuPage County Board for an initial term of 4 years.
Subsequent terms of the Director shall be 4 years to
begin February 1, 2026. The appointment shall be made
in time to begin the Director's term at this time. The
Director appointed under this subparagraph (A) shall
reside in DuPage County.
(B) One Director appointed by the Chairman of the
Kane County Board with the advice and consent of the
Kane County Board for an initial term to begin
February 1, 2026. Subsequent terms of the Director
shall be 4 years. The appointment shall be made in time
to begin the Director's term on February 1, 2026. The
Director appointed under this subparagraph (B) shall
reside in Kane County.
(C) One Director appointed by the Chairman of the
Lake County Board with the advice and consent of the
Lake County Board for an initial term of 4 years to
begin February 1, 2026. Subsequent terms of the
Director shall be 4 years. The appointment shall be

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made in time to begin the Director's term at this time.
The Director appointed under this subparagraph (C)
shall reside in Lake County.
(D) One Director appointed by the Chairman of the
McHenry County Board with the advice and consent of
the McHenry County Board for an initial term of 2 years
to begin February 1, 2026. Subsequent terms of the
Director shall be 4 years. The appointment shall be
made in time to begin the Director's term at this time.
The Director appointed under this subparagraph (D)
shall reside in McHenry County.
(E) One Director appointed by the County Executive
of Will County with the advice and consent of the Will
County Board for an initial term of 4 years to begin
February 1, 2026. Subsequent terms of the Director
shall be 4 years. The appointment shall be made in time
to begin the Director's term at this time. The
Director appointed under this subparagraph (E) shall
reside in Will County.
(8) The Chairman serving on the effective date of this
amendatory Act of the 104th General Assembly shall
continue to serve as Chairman until February 1, 2026 or
until a successor is appointed and qualified or a vacancy
occurs in the office. As soon as possible after the
Commuter Rail Board convenes following the appointments on
February 1, 2026 as outlined in subsection (c) of this

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Section, a new Chairman shall be appointed. The Chairman
shall be appointed from among the other Directors by the
affirmative vote of at least 7 of the then Directors.
(d) A new Board of Directors shall be appointed as
directed under subsection (c) of this Section to begin their
terms on February 1, 2026. The appointments shall be made in
time to begin their terms at this time. All Directors
appointed under subsection (b) of this Section serving on the
effective date of this amendatory Act of the 104th General
Assembly shall retain their offices until February 1, 2026, or
until the expiration of or vacancy of their respective terms
of office. In the event of the expiration of a term of office
or a vacancy in these offices occurs prior to February 1, 2026,
a new Director shall be appointed as provided by law. A
Director serving in this position on January 31, 2026 may be
reappointed if so chosen.
(e) Directors shall have diverse and substantial relevant
experience and expertise in overseeing the planning,
operation, and funding of a public transportation system,
including, but not limited to, backgrounds in urban and
regional planning, management of large capital projects, labor
and workforce development, business management, public
administration, transportation, and transit and ridership
advocacy.
(c) No director, while serving as such, shall be an
officer, a member of the board of directors or trustee or an

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employee of any transportation agency, or be an employee of
the State of Illinois or any department or agency thereof, or
of any county, municipality, or any other unit of local
government or receive any compensation from any elected or
appointed office under the Constitution and laws of Illinois.
(f) (d) Each appointment made under subsections (a) and
(b) of this Section and under Section 3B.03 shall be certified
by the appointing authority to the Commuter Rail Board which
shall maintain the certifications as part of the official
records of the Commuter Rail Board.
(Source: P.A. 98-709, eff. 7-16-14.)
(70 ILCS 3615/3B.09) (from Ch. 111 2/3, par. 703B.09)
Sec. 3B.09. General Powers. In addition to any powers
elsewhere provided to the Commuter Rail Board, it shall have
all of the powers specified in Section 2.20 of this Act except
for the powers specified in Section 2.20(a)(v). The Board
shall also have the power:
(a) to cooperate with the Regional Transportation
Authority in the exercise by the Regional Transportation
Authority of all the powers granted it by such Act;
(b) to receive funds from the Regional Transportation
Authority pursuant to Sections 2.02, 4.01, 4.02, 4.09 and 4.10
of the "Regional Transportation Authority Act", all as
provided in the "Regional Transportation Authority Act";
(c) to receive financial grants from the Regional

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Transportation Authority or a Service Board, as defined in the
"Regional Transportation Authority Act", upon such terms and
conditions as shall be set forth in a grant contract between
either the Division and the Regional Transportation Authority
or the Division and another Service Board, which contract or
agreement may be for such number of years or duration as the
parties may agree, all as provided in the "Regional
Transportation Authority Act"; and
(d) to borrow money for the purpose of acquiring,
constructing, reconstructing, extending, or improving any
Public Transportation Facilities (as defined in Section 1.03
of the Regional Transportation Authority Act) operated by or
to be operated by or on behalf of the Commuter Rail Division.
For the purpose of evidencing the obligation of the Commuter
Rail Board to repay any money borrowed as provided in this
subsection, the Commuter Rail Board may issue revenue bonds
from time to time pursuant to ordinance adopted by the
Commuter Rail Board, subject to the approval of the Regional
Transportation Authority of each such issuance by the
affirmative vote of 12 of its then Directors, prior to
February 1, 2026, and by the affirmative vote of at least 14 of
its then Directors, beginning February 1, 2026; provided that
the Commuter Rail Board may not issue bonds for the purpose of
financing the acquisition, construction, or improvement of a
corporate headquarters building. All such bonds shall be
payable solely from the revenues or income or any other funds

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that the Commuter Rail Board may receive, provided that the
Commuter Rail Board may not pledge as security for such bonds
the moneys, if any, that the Commuter Rail Board receives from
the Regional Transportation Authority pursuant to Section
4.03.3(f) of the Regional Transportation Authority Act. The
bonds shall bear interest at a rate not to exceed the maximum
rate authorized by the Bond Authorization Act and shall mature
at such time or times not exceeding 25 years from their
respective dates. Bonds issued pursuant to this paragraph must
be issued with scheduled principal or mandatory redemption
payments in equal amounts in each fiscal year over the term of
the bonds, with the first principal or mandatory redemption
payment scheduled within the fiscal year in which bonds are
issued or within the next succeeding fiscal year. At least
25%, based on total principal amount, of all bonds authorized
pursuant to this Section shall be sold pursuant to notice of
sale and public bid. No more than 75%, based on total principal
amount, of all bonds authorized pursuant to this Section shall
be sold by negotiated sale. The maximum principal amount of
the bonds that may be issued and outstanding at any time may
not exceed $1,000,000,000. The bonds shall have all the
qualities of negotiable instruments under the laws of this
State. To secure the payment of any or all of such bonds and
for the purpose of setting forth the covenants and
undertakings of the Commuter Rail Board in connection with the
issuance thereof and the issuance of any additional bonds

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payable from such revenue or income as well as the use and
application of the revenue or income received by the Commuter
Rail Board, the Commuter Rail Board may execute and deliver a
trust agreement or agreements; provided that no lien upon any
physical property of the Commuter Rail Board shall be created
thereby. A remedy for any breach or default of the terms of any
such trust agreement by the Commuter Rail Board may be by
mandamus proceedings in any court of competent jurisdiction to
compel performance and compliance therewith, but the trust
agreement may prescribe by whom or on whose behalf such action
may be instituted. Under no circumstances shall any bonds
issued by the Commuter Rail Board or any other obligation of
the Commuter Rail Board in connection with the issuance of
such bonds be or become an indebtedness or obligation of the
State of Illinois, the Regional Transportation Authority, or
any other political subdivision of or municipality within the
State, nor shall any such bonds or obligations be or become an
indebtedness of the Commuter Rail Board within the purview of
any constitutional limitation or provision, and it shall be
plainly stated on the face of each bond that it does not
constitute such an indebtedness or obligation but is payable
solely from the revenues or income as aforesaid.
(Source: P.A. 95-708, eff. 1-18-08.)
(70 ILCS 3615/3B.10) (from Ch. 111 2/3, par. 703B.10)
Sec. 3B.10. Budget and Program. The Commuter Rail Board,

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subject to the powers of the Authority in Section 4.11, shall
control the finances of the Division. It shall by ordinance
appropriate money to perform the Division's purposes and
provide for payment of debts and expenses of the Division.
Each year the Commuter Rail Board shall prepare and publish a
comprehensive annual budget and proposed five-year capital
program document, and a financial plan for the two years
thereafter describing the state of the Division and presenting
for the forthcoming fiscal year and the two following years
the Commuter Rail Board's plans for such operations and
capital expenditures as the Commuter Rail Board intends to
undertake and the means by which it intends to finance them.
The proposed budget, financial plan, and five-year capital
program shall be based on the Authority's estimate of funds to
be made available to the Commuter Rail Board by or through the
Authority and shall conform in all respects to the
requirements established by the Authority. The proposed
budget, financial plan, and five-year capital program shall
contain a statement of the funds estimated to be on hand at the
beginning of the fiscal year, the funds estimated to be
received from all sources for such year and the funds
estimated to be on hand at the end of such year. The fiscal
year of the Division shall be the same as the fiscal year of
the Authority. Before the proposed budget, financial plan, and
five-year capital program are submitted to the Authority, the
Commuter Rail Board shall hold at least one public hearing

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thereon in each of the counties in the metropolitan region in
which the Division provides service. The Commuter Rail Board
shall hold at least one meeting for consideration of the
proposed budget, financial plan, and five-year capital plan
with the county board of each of the several counties in the
metropolitan region in which the Division provides service.
Prior to the capital program being submitted to the Authority,
the Commuter Rail Board shall hold at least one meeting for
consideration of the proposed 5-year capital program with
representatives of labor organizations that have a collective
bargaining agreement with the Commuter Rail Board. After
conducting such hearings and holding such meetings and after
making such changes in the proposed budget, financial plan,
and five-year capital plan as the Commuter Rail Board deems
appropriate, the board shall adopt its annual budget ordinance
at least by November 15 next preceding the beginning of each
fiscal year. The budget, financial plan, and five-year capital
program shall then be submitted to the Authority as provided
in Section 4.11. In the event that the Board of the Authority
determines that the budget and program, and financial plan do
not meet the standards of Section 4.11, the Commuter Rail
Board shall make such changes as are necessary to meet such
requirements and adopt an amended budget ordinance. The
amended budget ordinance shall be resubmitted to the Authority
pursuant to Section 4.11. The ordinance shall appropriate such
sums of money as are deemed necessary to defray all necessary

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expenses and obligations of the Division, specifying purposes
and the objects or programs for which appropriations are made
and the amount appropriated for each object or program.
Additional appropriations, transfers between items and other
changes in such ordinance which do not alter the basis upon
which the balanced budget determination was made by the Board
of the Authority may be made from time to time by the Commuter
Rail Board.
The budget shall:
(i) show a balance between (A) anticipated revenues
from all sources including operating subsidies and (B) the
costs of providing the services specified and of funding
any operating deficits or encumbrances incurred in prior
periods, including provision for payment when due of
principal and interest on outstanding indebtedness;
(ii) show cash balances including the proceeds of any
anticipated cash flow borrowing sufficient to pay with
reasonable promptness all costs and expenses as incurred;
(iii) provide for a level of fares or charges for the
public transportation provided by or subject to the
jurisdiction of such Commuter Rail Board sufficient to
allow the Commuter Rail Board to meet its required system
generated revenue recovery ratio;
(iv) be based upon and employ assumptions and
projections which the Board of the Authority finds to be
reasonable and prudent;

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(v) have been prepared in accordance with sound
financial practices as determined by the Board of the
Authority;
(vi) meet such other uniform financial, budgetary, or
fiscal requirements that the Board of the Authority may by
rule or regulation establish; and
(vii) be consistent with the goals and objectives
adopted by the Regional Transportation Authority in the
Strategic Plan.
(Source: P.A. 95-708, eff. 1-18-08.)
(70 ILCS 3615/3B.13) (from Ch. 111 2/3, par. 703B.13)
Sec. 3B.13. Labor.
(a) The provisions of this Section apply to collective
bargaining agreements (including extensions and amendments of
existing agreements) entered into on or after January 1, 1984.
This Section does not apply to collective bargaining
agreements that are subject to the provisions of the Railway
Labor Act, as now or hereafter amended.
(b) The Commuter Rail Board shall deal with and enter into
written contracts with their employees, through accredited
representatives of such employees authorized to act for such
employees concerning wages, salaries, hours, working
conditions, and pension or retirement provisions about which a
collective bargaining agreement has been entered prior to the
effective date of this amendatory Act of 1983. Any such

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agreement of the Commuter Rail Board shall provide that the
agreement may be reopened if the amended budget submitted
pursuant to Section 2.18a of this Act is not approved by the
Board of the Authority. The agreement may not include a
provision requiring the payment of wage increases based on
changes in the Consumer Price Index. The Commuter Rail Board
shall not have the authority to enter collective bargaining
agreements with respect to inherent management rights which
include such areas of discretion or policy as the functions of
the employer, standards of services, its overall budget, the
organizational structure and selection of new employees and
direction of personnel. Employers, however, shall be required
to bargain collectively with regard to policy matters directly
affecting wages, hours and terms and conditions of employment,
as well as the impact thereon, upon request by employee
representatives. To preserve the rights of the Commuter Rail
Board and exclusive representatives which have established
collective bargaining relationships or negotiated collective
bargaining agreements prior to the effective date of this
amendatory Act of 1983, the Commuter Rail Board shall be
required to bargain collectively with regard to any matter
concerning wages, hours or conditions of employment about
which they have bargained prior to the effective date of this
amendatory Act of 1983.
(c) The collective bargaining agreement may not include a
prohibition on the use of part-time operators on any service

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operated by the Commuter Rail Board except where prohibited by
federal law.
(d) Within 30 days of the signing of any such collective
bargaining agreement, the Commuter Rail Board shall determine
the costs of each provision of the agreement, prepare an
amended budget incorporating the costs of the agreement, and
present the amended budget to the Board of the Authority for
its approval under Section 4.11. The Board may approve the
amended budget by an affirmative vote of 12 of its then
Directors, prior to February 1, 2026, and by the affirmative
vote of at least 14 of its then Directors, beginning February
1, 2026. If the budget is not approved by the Board of the
Authority, the agreement may be reopened and its terms may be
renegotiated. Any amended budget which may be prepared
following renegotiation shall be presented to the Board of the
Authority for its approval in like manner.
(Source: P.A. 95-708, eff. 1-18-08.)
(70 ILCS 3615/4.01) (from Ch. 111 2/3, par. 704.01)
Sec. 4.01. Budget and Program.
(a) The Board shall control the finances of the Authority.
It shall by ordinance adopted by the affirmative vote of at
least 12 of its then Directors, prior to February 1, 2026, and
by the affirmative vote of at least 14 of its then Directors,
beginning February 1, 2026, (i) appropriate money to perform
the Authority's purposes and provide for payment of debts and

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expenses of the Authority, (ii) take action with respect to
the budget and two-year financial plan of each Service Board,
as provided in Section 4.11, and (iii) adopt an Annual Budget
and Two-Year Financial Plan for the Authority that includes
the annual budget and two-year financial plan of each Service
Board that has been approved by the Authority. The Annual
Budget and Two-Year Financial Plan shall contain a statement
of the funds estimated to be on hand for the Authority and each
Service Board at the beginning of the fiscal year, the funds
estimated to be received from all sources for such year, the
estimated expenses and obligations of the Authority and each
Service Board for all purposes, including expenses for
contributions to be made with respect to pension and other
employee benefits, and the funds estimated to be on hand at the
end of such year. The fiscal year of the Authority and each
Service Board shall begin on January 1st and end on the
succeeding December 31st. By July 1st of each year the
Director of the Illinois Governor's Office of Management and
Budget (formerly Bureau of the Budget) shall submit to the
Authority an estimate of revenues for the next fiscal year of
the Authority to be collected from the taxes imposed by the
Authority and the amounts to be available in the Public
Transportation Fund and the Regional Transportation Authority
Occupation and Use Tax Replacement Fund and the amounts
otherwise to be appropriated by the State to the Authority for
its purposes. The Authority shall file a copy of its Annual

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Budget and Two-Year Financial Plan with the General Assembly
and the Governor after its adoption. Before the proposed
Annual Budget and Two-Year Financial Plan is adopted, the
Authority shall hold at least one public hearing thereon in
the metropolitan region, and shall meet with the county board
or its designee of each of the several counties in the
metropolitan region. After conducting such hearings and
holding such meetings and after making such changes in the
proposed Annual Budget and Two-Year Financial Plan as the
Board deems appropriate, the Board shall adopt its annual
appropriation and Annual Budget and Two-Year Financial Plan
ordinance. The ordinance may be adopted only upon the
affirmative votes of 12 of its then Directors, prior to
February 1, 2026, and by the affirmative vote of at least 14 of
its then Directors, beginning February 1, 2026. The ordinance
shall appropriate such sums of money as are deemed necessary
to defray all necessary expenses and obligations of the
Authority, specifying purposes and the objects or programs for
which appropriations are made and the amount appropriated for
each object or program. Additional appropriations, transfers
between items and other changes in such ordinance may be made
from time to time by the Board upon the affirmative votes of 12
of its then Directors, prior to February 1, 2026, and by the
affirmative vote of at least 14 of its then Directors,
beginning February 1, 2026.
(b) The Annual Budget and Two-Year Financial Plan shall

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show a balance between anticipated revenues from all sources
and anticipated expenses including funding of operating
deficits or the discharge of encumbrances incurred in prior
periods and payment of principal and interest when due, and
shall show cash balances sufficient to pay with reasonable
promptness all obligations and expenses as incurred.
The Annual Budget and Two-Year Financial Plan must show:
(i) that the level of fares and charges for mass
transportation provided by, or under grant or purchase of
service contracts of, the Service Boards is sufficient to
cause the aggregate of all projected fare revenues from
such fares and charges received in each fiscal year to
equal at least 50% of the aggregate costs of providing
such public transportation in such fiscal year. However,
due to the fiscal impacts of the COVID-19 pandemic, the
aggregate of all projected fare revenues from such fares
and charges received in fiscal years 2021, 2022, 2023,
2024, and 2025 may be less than 50% of the aggregate costs
of providing such public transportation in those fiscal
years. The aggregate of all projected fare revenues from
such fares and charges received in fiscal years 2026 and
2027 shall equal at least 25% of the aggregate cost of
providing such public transportation in those fiscal
years. The aggregate of all projected fare revenues from
such fares and charges received in fiscal years 2028 and
2029 and for every fiscal year thereafter shall equal at

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least 15% of the aggregate cost of providing such public
transportation in those fiscal years. Prior to the
beginning of fiscal year 2030, the General Assembly shall
reevaluate and determine the appropriate system generated
revenues recovery ratio for future years. "Fare revenues"
include the proceeds of all fares and charges for services
provided, contributions received in connection with public
transportation from units of local government other than
the Authority, except for contributions received by the
Chicago Transit Authority from a real estate transfer tax
imposed under subsection (i) of Section 8-3-19 of the
Illinois Municipal Code, and from the State pursuant to
subsection (i) of Section 2705-305 of the Department of
Transportation Law (20 ILCS 2705/2705-305), and all other
operating revenues properly included consistent with
generally accepted accounting principles but do not
include: the proceeds of any borrowings, and, beginning
with the 2007 fiscal year, all revenues and receipts,
including but not limited to fares and grants received
from the federal, State or any unit of local government or
other entity, derived from providing ADA paratransit
service pursuant to Section 2.30 of the Regional
Transportation Authority Act. "Costs" include all items
properly included as operating costs consistent with
generally accepted accounting principles, including
administrative costs, but do not include: depreciation;

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payment of principal and interest on bonds, notes or other
evidences of obligation for borrowed money issued by the
Authority; payments with respect to public transportation
facilities made pursuant to subsection (b) of Section 2.20
of this Act; any payments with respect to rate protection
contracts, credit enhancements or liquidity agreements
made under Section 4.14; any other cost to which it is
reasonably expected that a cash expenditure will not be
made; costs for passenger security including grants,
contracts, personnel, equipment and administrative
expenses, except in the case of the Chicago Transit
Authority, in which case the term does not include costs
spent annually by that entity for protection against crime
as required by Section 27a of the Metropolitan Transit
Authority Act; the payment by the Chicago Transit
Authority of Debt Service, as defined in Section 12c of
the Metropolitan Transit Authority Act, on bonds or notes
issued pursuant to that Section; the payment by the
Commuter Rail Division of debt service on bonds issued
pursuant to Section 3B.09; expenses incurred by the
Suburban Bus Division for the cost of new public
transportation services funded from grants pursuant to
Section 2.01e of this amendatory Act of the 95th General
Assembly for a period of 2 years from the date of
initiation of each such service; costs as exempted by the
Board for projects pursuant to Section 2.09 of this Act;

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or, beginning with the 2007 fiscal year, expenses related
to providing ADA paratransit service pursuant to Section
2.30 of the Regional Transportation Authority Act; and in
fiscal years 2008 through 2012 inclusive, costs in the
amount of $200,000,000 in fiscal year 2008, reducing by
$40,000,000 in each fiscal year thereafter until this
exemption is eliminated; and expenses incurred by any and
all Service Boards for the cost of new public
transportation services for a period of 2 years from the
date of initiation of each such service; and
(ii) that the level of fares charged for ADA
paratransit services is sufficient to cause the aggregate
of all projected revenues from such fares charged and
received in each fiscal year to equal at least 10% of the
aggregate costs of providing such ADA paratransit
services. However, due to the fiscal impacts of the
COVID-19 pandemic, the aggregate of all projected fare
revenues from such fares and charges received in fiscal
years 2021, 2022, 2023, 2024, and 2025 may be less than 10%
of the aggregate costs of providing such ADA paratransit
services in those fiscal years. The aggregate of all
projected revenues from such fares charged and received in
fiscal years 2026 and 2027 shall equal at least 5% of the
aggregate costs of providing such ADA paratransit services
in those fiscal years. The aggregate of all projected
revenues from such fares charged and received in fiscal

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years 2028 and 2029 and every fiscal year thereafter shall
equal at least 3% of the aggregate costs of providing such
ADA paratransit services in those fiscal years. Prior to
the beginning of fiscal year 2030, the General Assembly
shall reevaluate and determine the appropriate system
generated revenues recovery ratio for ADA paratransit
services for future years. For purposes of this Act, the
percentages in this subsection (b)(ii) shall be referred
to as the "system generated ADA paratransit services
revenue recovery ratio". For purposes of the system
generated ADA paratransit services revenue recovery ratio,
"costs" shall include all items properly included as
operating costs consistent with generally accepted
accounting principles. However, the Board may exclude from
costs an amount that does not exceed the allowable
"capital costs of contracting" for ADA paratransit
services pursuant to the Federal Transit Administration
guidelines for the Urbanized Area Formula Program.
The Authority shall file a statement certifying that the
Service Boards published the data described in subsection
(b-5) with the General Assembly and the Governor after
adoption of the Annual Budget and Two-Year Financial Plan
required by subsection (a). If the Authority fails to file a
statement certifying publication of the data, then the
appropriations to the Department of Transportation for grants
to the Authority intended to reimburse the Service Boards for

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providing free and reduced fares shall be withheld.
(b-5) For fiscal years 2024, and 2025, 2026, and every
year thereafter, the Service Boards must publish a monthly
comprehensive set of data regarding transit service and
safety. The data included shall include information to track
operations including:
(1) staffing levels, including numbers of budgeted
positions, current positions employed, hired staff,
attrition, staff in training, and absenteeism rates;
(2) scheduled service and delivered service, including
percentage of scheduled service delivered by day, service
by mode of transportation, service by route and rail line,
total number of revenue miles driven, excess wait times by
day, by mode of transportation, by bus route, and by stop;
and
(3) safety on the system, including the number of
incidents of crime and code of conduct violations on
system, any performance measures used to evaluate the
effectiveness of investments in private security, safety
equipment, and other security investments in the system.
If no performance measures exist to evaluate the
effectiveness of these safety investments, the Service
Boards and Authority shall develop and publish these
performance measures.
The Authority and Service Boards shall solicit input and
ideas on publishing data on the service reliability,

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operations, and safety of the system from the public and
groups representing transit riders, workers, and businesses.
(c) The actual administrative expenses of the Authority
for the fiscal year commencing January 1, 1985 may not exceed
$5,000,000. The actual administrative expenses of the
Authority for the fiscal year commencing January 1, 1986, and
for each fiscal year thereafter shall not exceed the maximum
administrative expenses for the previous fiscal year plus 5%.
"Administrative expenses" are defined for purposes of this
Section as all expenses except: (1) capital expenses and
purchases of the Authority on behalf of the Service Boards;
(2) payments to Service Boards; and (3) payment of principal
and interest on bonds, notes or other evidence of obligation
for borrowed money issued by the Authority; (4) costs for
passenger security including grants, contracts, personnel,
equipment and administrative expenses; (5) payments with
respect to public transportation facilities made pursuant to
subsection (b) of Section 2.20 of this Act; and (6) any
payments with respect to rate protection contracts, credit
enhancements or liquidity agreements made pursuant to Section
4.14.
(d) This subsection applies only until the Department
begins administering and enforcing an increased tax under
Section 4.03(m) as authorized by this amendatory Act of the
95th General Assembly. After withholding 15% of the proceeds
of any tax imposed by the Authority and 15% of money received

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by the Authority from the Regional Transportation Authority
Occupation and Use Tax Replacement Fund, the Board shall
allocate the proceeds and money remaining to the Service
Boards as follows: (1) an amount equal to 85% of the proceeds
of those taxes collected within the City of Chicago and 85% of
the money received by the Authority on account of transfers to
the Regional Transportation Authority Occupation and Use Tax
Replacement Fund from the County and Mass Transit District
Fund attributable to retail sales within the City of Chicago
shall be allocated to the Chicago Transit Authority; (2) an
amount equal to 85% of the proceeds of those taxes collected
within Cook County outside the City of Chicago and 85% of the
money received by the Authority on account of transfers to the
Regional Transportation Authority Occupation and Use Tax
Replacement Fund from the County and Mass Transit District
Fund attributable to retail sales within Cook County outside
of the city of Chicago shall be allocated 30% to the Chicago
Transit Authority, 55% to the Commuter Rail Board and 15% to
the Suburban Bus Board; and (3) an amount equal to 85% of the
proceeds of the taxes collected within the Counties of DuPage,
Kane, Lake, McHenry and Will shall be allocated 70% to the
Commuter Rail Board and 30% to the Suburban Bus Board.
(e) This subsection applies only until the Department
begins administering and enforcing an increased tax under
Section 4.03(m) as authorized by this amendatory Act of the
95th General Assembly. Moneys received by the Authority on

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account of transfers to the Regional Transportation Authority
Occupation and Use Tax Replacement Fund from the State and
Local Sales Tax Reform Fund shall be allocated among the
Authority and the Service Boards as follows: 15% of such
moneys shall be retained by the Authority and the remaining
85% shall be transferred to the Service Boards as soon as may
be practicable after the Authority receives payment. Moneys
which are distributable to the Service Boards pursuant to the
preceding sentence shall be allocated among the Service Boards
on the basis of each Service Board's distribution ratio. The
term "distribution ratio" means, for purposes of this
subsection (e) of this Section 4.01, the ratio of the total
amount distributed to a Service Board pursuant to subsection
(d) of Section 4.01 for the immediately preceding calendar
year to the total amount distributed to all of the Service
Boards pursuant to subsection (d) of Section 4.01 for the
immediately preceding calendar year.
(f) To carry out its duties and responsibilities under
this Act, the Board shall employ staff which shall: (1)
propose for adoption by the Board of the Authority rules for
the Service Boards that establish (i) forms and schedules to
be used and information required to be provided with respect
to a five-year capital program, annual budgets, and two-year
financial plans and regular reporting of actual results
against adopted budgets and financial plans, (ii) financial
practices to be followed in the budgeting and expenditure of

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public funds, (iii) assumptions and projections that must be
followed in preparing and submitting its annual budget and
two-year financial plan or a five-year capital program; (2)
evaluate for the Board public transportation programs operated
or proposed by the Service Boards and transportation agencies
in terms of the goals and objectives set out in the Strategic
Plan; (3) keep the Board and the public informed of the extent
to which the Service Boards and transportation agencies are
meeting the goals and objectives adopted by the Authority in
the Strategic Plan; and (4) assess the efficiency or adequacy
of public transportation services provided by a Service Board
and make recommendations for change in that service to the end
that the moneys available to the Authority may be expended in
the most economical manner possible with the least possible
duplication.
(g) All Service Boards, transportation agencies,
comprehensive planning agencies, including the Chicago
Metropolitan Agency for Planning, or transportation planning
agencies in the metropolitan region shall furnish to the
Authority such information pertaining to public transportation
or relevant for plans therefor as it may from time to time
require. The Executive Director, or his or her designee,
shall, for the purpose of securing any such information
necessary or appropriate to carry out any of the powers and
responsibilities of the Authority under this Act, have access
to, and the right to examine, all books, documents, papers or

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records of a Service Board or any transportation agency
receiving funds from the Authority or Service Board, and such
Service Board or transportation agency shall comply with any
request by the Executive Director, or his or her designee,
within 30 days or an extended time provided by the Executive
Director.
(h) No Service Board shall undertake any capital
improvement which is not identified in the Five-Year Capital
Program.
(i) Each Service Board shall furnish to the Board access
to its financial information including, but not limited to,
audits and reports. The Board shall have real-time access to
the financial information of the Service Boards; however, the
Board shall be granted read-only access to the Service Board's
financial information.
(Source: P.A. 102-678, eff. 12-10-21; 103-281, eff. 1-1-24.)
(70 ILCS 3615/4.03)
Sec. 4.03. Taxes.
(a) In order to carry out any of the powers or purposes of
the Authority, the Board may, by ordinance adopted with the
concurrence of 12 of the then Directors, prior to February 1,
2026, and by the affirmative vote of at least 14 of the then
Directors, beginning February 1, 2026, impose throughout the
metropolitan region any or all of the taxes provided in this
Section. Except as otherwise provided in this Act, taxes

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imposed under this Section and civil penalties imposed
incident thereto shall be collected and enforced by the State
Department of Revenue. The Department shall have the power to
administer and enforce the taxes and to determine all rights
for refunds for erroneous payments of the taxes. Nothing in
Public Act 95-708 is intended to invalidate any taxes
currently imposed by the Authority. The increased vote
requirements to impose a tax shall only apply to actions taken
after January 1, 2008 (the effective date of Public Act
95-708).
(b) The Board may impose a public transportation tax upon
all persons engaged in the metropolitan region in the business
of selling at retail motor fuel for operation of motor
vehicles upon public highways. The tax shall be at a rate not
to exceed 5% of the gross receipts from the sales of motor fuel
in the course of the business. As used in this Act, the term
"motor fuel" shall have the same meaning as in the Motor Fuel
Tax Law. The Board may provide for details of the tax. The
provisions of any tax shall conform, as closely as may be
practicable, to the provisions of the Municipal Retailers
Occupation Tax Act, including, without limitation, conformity
to penalties with respect to the tax imposed and as to the
powers of the State Department of Revenue to promulgate and
enforce rules and regulations relating to the administration
and enforcement of the provisions of the tax imposed, except
that reference in the Act to any municipality shall refer to

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the Authority and the tax shall be imposed only with regard to
receipts from sales of motor fuel in the metropolitan region,
at rates as limited by this Section.
(c) In connection with the tax imposed under paragraph (b)
of this Section, the Board may impose a tax upon the privilege
of using in the metropolitan region motor fuel for the
operation of a motor vehicle upon public highways, the tax to
be at a rate not in excess of the rate of tax imposed under
paragraph (b) of this Section. The Board may provide for
details of the tax.
(d) The Board may impose a motor vehicle parking tax upon
the privilege of parking motor vehicles at off-street parking
facilities in the metropolitan region at which a fee is
charged, and may provide for reasonable classifications in and
exemptions to the tax, for administration and enforcement
thereof and for civil penalties and refunds thereunder and may
provide criminal penalties thereunder, the maximum penalties
not to exceed the maximum criminal penalties provided in the
Retailers' Occupation Tax Act. The Authority may collect and
enforce the tax itself or by contract with any unit of local
government. The State Department of Revenue shall have no
responsibility for the collection and enforcement unless the
Department agrees with the Authority to undertake the
collection and enforcement. As used in this paragraph, the
term "parking facility" means a parking area or structure
having parking spaces for more than 2 vehicles at which motor

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vehicles are permitted to park in return for an hourly, daily,
or other periodic fee, whether publicly or privately owned,
but does not include parking spaces on a public street, the use
of which is regulated by parking meters.
(e) The Board may impose a Regional Transportation
Authority Retailers' Occupation Tax upon all persons engaged
in the business of selling tangible personal property at
retail in the metropolitan region. In Cook County, the tax
rate shall be 1.25% of the gross receipts from sales of food
for human consumption that is to be consumed off the premises
where it is sold (other than alcoholic beverages, food
consisting of or infused with adult use cannabis, soft drinks,
candy, and food that has been prepared for immediate
consumption) and tangible personal property taxed at the 1%
rate under the Retailers' Occupation Tax Act, and 1% of the
gross receipts from other taxable sales made in the course of
that business. In DuPage, Kane, Lake, McHenry, and Will
counties, the tax rate shall be 0.75% of the gross receipts
from all taxable sales made in the course of that business. The
rate of tax imposed in DuPage, Kane, Lake, McHenry, and Will
counties under this Section on sales of aviation fuel on or
after December 1, 2019 shall, however, be 0.25% unless the
Regional Transportation Authority in DuPage, Kane, Lake,
McHenry, and Will counties has an "airport-related purpose"
and the additional 0.50% of the 0.75% tax on aviation fuel is
expended for airport-related purposes. If there is no

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airport-related purpose to which aviation fuel tax revenue is
dedicated, then aviation fuel is excluded from the additional
0.50% of the 0.75% tax. The tax imposed under this Section and
all civil penalties that may be assessed as an incident
thereof shall be collected and enforced by the State
Department of Revenue. The Department shall have full power to
administer and enforce this Section; to collect all taxes and
penalties so collected in the manner hereinafter provided; and
to determine all rights to credit memoranda arising on account
of the erroneous payment of tax or penalty hereunder. In the
administration of, and compliance with this Section, the
Department and persons who are subject to this Section shall
have the same rights, remedies, privileges, immunities,
powers, and duties, and be subject to the same conditions,
restrictions, limitations, penalties, exclusions, exemptions,
and definitions of terms, and employ the same modes of
procedure, as are prescribed in Sections 1, 1a, 1a-1, 1c, 1d,
1e, 1f, 1i, 1j, 2 through 2-65 (in respect to all provisions
therein other than the State rate of tax), 2c, 3 (except as to
the disposition of taxes and penalties collected, and except
that the retailer's discount is not allowed for taxes paid on
aviation fuel that are subject to the revenue use requirements
of 49 U.S.C. 47107(b) and 49 U.S.C. 47133), 4, 5, 5a, 5b, 5c,
5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 6d, 7, 8, 9,
10, 11, 12, and 13 of the Retailers' Occupation Tax Act and
Section 3-7 of the Uniform Penalty and Interest Act, as fully

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as if those provisions were set forth herein.
The Board and DuPage, Kane, Lake, McHenry, and Will
counties must comply with the certification requirements for
airport-related purposes under Section 2-22 of the Retailers'
Occupation Tax Act. For purposes of this Section,
"airport-related purposes" has the meaning ascribed in Section
6z-20.2 of the State Finance Act. This exclusion for aviation
fuel only applies for so long as the revenue use requirements
of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the
Authority.
Persons subject to any tax imposed under the authority
granted in this Section may reimburse themselves for their
seller's tax liability hereunder by separately stating the tax
as an additional charge, which charge may be stated in
combination in a single amount with State taxes that sellers
are required to collect under the Use Tax Act, under any
bracket schedules the Department may prescribe.
Whenever the Department determines that a refund should be
made under this Section to a claimant instead of issuing a
credit memorandum, the Department shall notify the State
Comptroller, who shall cause the warrant to be drawn for the
amount specified, and to the person named, in the notification
from the Department. The refund shall be paid by the State
Treasurer out of the Regional Transportation Authority tax
fund established under paragraph (n) of this Section or the
Local Government Aviation Trust Fund, as appropriate.

10400HB2963ham001 - 147 - LRB104 12004 RTM 23609 a
If a tax is imposed under this subsection (e), a tax shall
also be imposed under subsections (f) and (g) of this Section.
For the purpose of determining whether a tax authorized
under this Section is applicable, a retail sale by a producer
of coal or other mineral mined in Illinois, is a sale at retail
at the place where the coal or other mineral mined in Illinois
is extracted from the earth. This paragraph does not apply to
coal or other mineral when it is delivered or shipped by the
seller to the purchaser at a point outside Illinois so that the
sale is exempt under the Federal Constitution as a sale in
interstate or foreign commerce.
No tax shall be imposed or collected under this subsection
on the sale of a motor vehicle in this State to a resident of
another state if that motor vehicle will not be titled in this
State.
Nothing in this Section shall be construed to authorize
the Regional Transportation Authority to impose a tax upon the
privilege of engaging in any business that under the
Constitution of the United States may not be made the subject
of taxation by this State.
(f) If a tax has been imposed under paragraph (e), a
Regional Transportation Authority Service Occupation Tax shall
also be imposed upon all persons engaged, in the metropolitan
region in the business of making sales of service, who, as an
incident to making the sales of service, transfer tangible
personal property within the metropolitan region, either in

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the form of tangible personal property or in the form of real
estate as an incident to a sale of service. In Cook County, the
tax rate shall be: (1) 1.25% of the serviceman's cost price of
food prepared for immediate consumption and transferred
incident to a sale of service subject to the service
occupation tax by an entity that is located in the
metropolitan region and that is licensed under the Hospital
Licensing Act, the Nursing Home Care Act, the Assisted Living
and Shared Housing Act, the Specialized Mental Health
Rehabilitation Act of 2013, the ID/DD Community Care Act, the
MC/DD Act, or the Child Care Act of 1969, or an entity that
holds a permit issued pursuant to the Life Care Facilities
Act; (2) 1.25% of the selling price of food for human
consumption that is to be consumed off the premises where it is
sold (other than alcoholic beverages, food consisting of or
infused with adult use cannabis, soft drinks, candy, and food
that has been prepared for immediate consumption) and tangible
personal property taxed at the 1% rate under the Service
Occupation Tax Act; and (3) 1% of the selling price from other
taxable sales of tangible personal property transferred. In
DuPage, Kane, Lake, McHenry, and Will counties, the rate shall
be 0.75% of the selling price of all tangible personal
property transferred. The rate of tax imposed in DuPage, Kane,
Lake, McHenry, and Will counties under this Section on sales
of aviation fuel on or after December 1, 2019 shall, however,
be 0.25% unless the Regional Transportation Authority in

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DuPage, Kane, Lake, McHenry, and Will counties has an
"airport-related purpose" and the additional 0.50% of the
0.75% tax on aviation fuel is expended for airport-related
purposes. If there is no airport-related purpose to which
aviation fuel tax revenue is dedicated, then aviation fuel is
excluded from the additional 0.5% of the 0.75% tax.
The Board and DuPage, Kane, Lake, McHenry, and Will
counties must comply with the certification requirements for
airport-related purposes under Section 2-22 of the Retailers'
Occupation Tax Act. For purposes of this Section,
"airport-related purposes" has the meaning ascribed in Section
6z-20.2 of the State Finance Act. This exclusion for aviation
fuel only applies for so long as the revenue use requirements
of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the
Authority.
The tax imposed under this paragraph and all civil
penalties that may be assessed as an incident thereof shall be
collected and enforced by the State Department of Revenue. The
Department shall have full power to administer and enforce
this paragraph; to collect all taxes and penalties due
hereunder; to dispose of taxes and penalties collected in the
manner hereinafter provided; and to determine all rights to
credit memoranda arising on account of the erroneous payment
of tax or penalty hereunder. In the administration of and
compliance with this paragraph, the Department and persons who
are subject to this paragraph shall have the same rights,

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remedies, privileges, immunities, powers, and duties, and be
subject to the same conditions, restrictions, limitations,
penalties, exclusions, exemptions, and definitions of terms,
and employ the same modes of procedure, as are prescribed in
Sections 1a-1, 2, 2a, 3 through 3-50 (in respect to all
provisions therein other than the State rate of tax), 4
(except that the reference to the State shall be to the
Authority), 5, 7, 8 (except that the jurisdiction to which the
tax shall be a debt to the extent indicated in that Section 8
shall be the Authority), 9 (except as to the disposition of
taxes and penalties collected, and except that the returned
merchandise credit for this tax may not be taken against any
State tax, and except that the retailer's discount is not
allowed for taxes paid on aviation fuel that are subject to the
revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C.
47133), 10, 11, 12 (except the reference therein to Section 2b
of the Retailers' Occupation Tax Act), 13 (except that any
reference to the State shall mean the Authority), the first
paragraph of Section 15, 16, 17, 18, 19, and 20 of the Service
Occupation Tax Act and Section 3-7 of the Uniform Penalty and
Interest Act, as fully as if those provisions were set forth
herein.
Persons subject to any tax imposed under the authority
granted in this paragraph may reimburse themselves for their
serviceman's tax liability hereunder by separately stating the
tax as an additional charge, that charge may be stated in

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combination in a single amount with State tax that servicemen
are authorized to collect under the Service Use Tax Act, under
any bracket schedules the Department may prescribe.
Whenever the Department determines that a refund should be
made under this paragraph to a claimant instead of issuing a
credit memorandum, the Department shall notify the State
Comptroller, who shall cause the warrant to be drawn for the
amount specified, and to the person named in the notification
from the Department. The refund shall be paid by the State
Treasurer out of the Regional Transportation Authority tax
fund established under paragraph (n) of this Section or the
Local Government Aviation Trust Fund, as appropriate.
Nothing in this paragraph shall be construed to authorize
the Authority to impose a tax upon the privilege of engaging in
any business that under the Constitution of the United States
may not be made the subject of taxation by the State.
(g) If a tax has been imposed under paragraph (e), a tax
shall also be imposed upon the privilege of using in the
metropolitan region, any item of tangible personal property
that is purchased outside the metropolitan region at retail
from a retailer, and that is titled or registered with an
agency of this State's government. In Cook County, the tax
rate shall be 1% of the selling price of the tangible personal
property, as "selling price" is defined in the Use Tax Act. In
DuPage, Kane, Lake, McHenry, and Will counties, the tax rate
shall be 0.75% of the selling price of the tangible personal

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property, as "selling price" is defined in the Use Tax Act. The
tax shall be collected from persons whose Illinois address for
titling or registration purposes is given as being in the
metropolitan region. The tax shall be collected by the
Department of Revenue for the Regional Transportation
Authority. The tax must be paid to the State, or an exemption
determination must be obtained from the Department of Revenue,
before the title or certificate of registration for the
property may be issued. The tax or proof of exemption may be
transmitted to the Department by way of the State agency with
which, or the State officer with whom, the tangible personal
property must be titled or registered if the Department and
the State agency or State officer determine that this
procedure will expedite the processing of applications for
title or registration.
The Department shall have full power to administer and
enforce this paragraph; to collect all taxes, penalties, and
interest due hereunder; to dispose of taxes, penalties, and
interest collected in the manner hereinafter provided; and to
determine all rights to credit memoranda or refunds arising on
account of the erroneous payment of tax, penalty, or interest
hereunder. In the administration of and compliance with this
paragraph, the Department and persons who are subject to this
paragraph shall have the same rights, remedies, privileges,
immunities, powers, and duties, and be subject to the same
conditions, restrictions, limitations, penalties, exclusions,

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exemptions, and definitions of terms and employ the same modes
of procedure, as are prescribed in Sections 2 (except the
definition of "retailer maintaining a place of business in
this State"), 3 through 3-80 (except provisions pertaining to
the State rate of tax, and except provisions concerning
collection or refunding of the tax by retailers), 4, 11, 12,
12a, 14, 15, 19 (except the portions pertaining to claims by
retailers and except the last paragraph concerning refunds),
20, 21, and 22 of the Use Tax Act, and are not inconsistent
with this paragraph, as fully as if those provisions were set
forth herein.
Whenever the Department determines that a refund should be
made under this paragraph to a claimant instead of issuing a
credit memorandum, the Department shall notify the State
Comptroller, who shall cause the order to be drawn for the
amount specified, and to the person named in the notification
from the Department. The refund shall be paid by the State
Treasurer out of the Regional Transportation Authority tax
fund established under paragraph (n) of this Section.
(g-5) If, on January 1, 2025, a unit of local government
has in effect a tax under subsections (e), (f), and (g), or if,
after January 1, 2025, a unit of local government imposes a tax
under subsections (e), (f), and (g), then that tax applies to
leases of tangible personal property in effect, entered into,
or renewed on or after that date in the same manner as the tax
under this Section and in accordance with the changes made by

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Public Act 103-592 this amendatory Act of the 103rd General
Assembly.
(h) The Authority may impose a replacement vehicle tax of
$50 on any passenger car as defined in Section 1-157 of the
Illinois Vehicle Code purchased within the metropolitan region
by or on behalf of an insurance company to replace a passenger
car of an insured person in settlement of a total loss claim.
The tax imposed may not become effective before the first day
of the month following the passage of the ordinance imposing
the tax and receipt of a certified copy of the ordinance by the
Department of Revenue. The Department of Revenue shall collect
the tax for the Authority in accordance with Sections 3-2002
and 3-2003 of the Illinois Vehicle Code.
The Department shall immediately pay over to the State
Treasurer, ex officio, as trustee, all taxes collected
hereunder.
As soon as possible after the first day of each month,
beginning January 1, 2011, upon certification of the
Department of Revenue, the Comptroller shall order
transferred, and the Treasurer shall transfer, to the STAR
Bonds Revenue Fund the local sales tax increment, as defined
in the Innovation Development and Economy Act, collected under
this Section during the second preceding calendar month for
sales within a STAR bond district.
After the monthly transfer to the STAR Bonds Revenue Fund,
on or before the 25th day of each calendar month, the

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Department shall prepare and certify to the Comptroller the
disbursement of stated sums of money to the Authority. The
amount to be paid to the Authority shall be the amount
collected hereunder during the second preceding calendar month
by the Department, less any amount determined by the
Department to be necessary for the payment of refunds, and
less any amounts that are transferred to the STAR Bonds
Revenue Fund. Within 10 days after receipt by the Comptroller
of the disbursement certification to the Authority provided
for in this Section to be given to the Comptroller by the
Department, the Comptroller shall cause the orders to be drawn
for that amount in accordance with the directions contained in
the certification.
(i) The Board may not impose any other taxes except as it
may from time to time be authorized by law to impose.
(j) A certificate of registration issued by the State
Department of Revenue to a retailer under the Retailers'
Occupation Tax Act or under the Service Occupation Tax Act
shall permit the registrant to engage in a business that is
taxed under the tax imposed under paragraphs (b), (e), (f) or
(g) of this Section and no additional registration shall be
required under the tax. A certificate issued under the Use Tax
Act or the Service Use Tax Act shall be applicable with regard
to any tax imposed under paragraph (c) of this Section.
(k) The provisions of any tax imposed under paragraph (c)
of this Section shall conform as closely as may be practicable

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to the provisions of the Use Tax Act, including, without
limitation, conformity as to penalties with respect to the tax
imposed and as to the powers of the State Department of Revenue
to promulgate and enforce rules and regulations relating to
the administration and enforcement of the provisions of the
tax imposed. The taxes shall be imposed only on use within the
metropolitan region and at rates as provided in the paragraph.
(l) The Board in imposing any tax as provided in
paragraphs (b) and (c) of this Section, shall, after seeking
the advice of the State Department of Revenue, provide means
for retailers, users or purchasers of motor fuel for purposes
other than those with regard to which the taxes may be imposed
as provided in those paragraphs to receive refunds of taxes
improperly paid, which provisions may be at variance with the
refund provisions as applicable under the Municipal Retailers
Occupation Tax Act. The State Department of Revenue may
provide for certificates of registration for users or
purchasers of motor fuel for purposes other than those with
regard to which taxes may be imposed as provided in paragraphs
(b) and (c) of this Section to facilitate the reporting and
nontaxability of the exempt sales or uses.
(m) Any ordinance imposing or discontinuing any tax under
this Section shall be adopted and a certified copy thereof
filed with the Department on or before June 1, whereupon the
Department of Revenue shall proceed to administer and enforce
this Section on behalf of the Regional Transportation

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Authority as of September 1 next following such adoption and
filing. Beginning January 1, 1992, an ordinance or resolution
imposing or discontinuing the tax hereunder shall be adopted
and a certified copy thereof filed with the Department on or
before the first day of July, whereupon the Department shall
proceed to administer and enforce this Section as of the first
day of October next following such adoption and filing.
Beginning January 1, 1993, an ordinance or resolution
imposing, increasing, decreasing, or discontinuing the tax
hereunder shall be adopted and a certified copy thereof filed
with the Department, whereupon the Department shall proceed to
administer and enforce this Section as of the first day of the
first month to occur not less than 60 days following such
adoption and filing. Any ordinance or resolution of the
Authority imposing a tax under this Section and in effect on
August 1, 2007 shall remain in full force and effect and shall
be administered by the Department of Revenue under the terms
and conditions and rates of tax established by such ordinance
or resolution until the Department begins administering and
enforcing an increased tax under this Section as authorized by
Public Act 95-708. The tax rates authorized by Public Act
95-708 are effective only if imposed by ordinance of the
Authority.
(n) Except as otherwise provided in this subsection (n),
the State Department of Revenue shall, upon collecting any
taxes as provided in this Section, pay the taxes over to the

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State Treasurer as trustee for the Authority. The taxes shall
be held in a trust fund outside the State Treasury. If an
airport-related purpose has been certified, taxes and
penalties collected in DuPage, Kane, Lake, McHenry and Will
counties on aviation fuel sold on or after December 1, 2019
from the 0.50% of the 0.75% rate shall be immediately paid over
by the Department to the State Treasurer, ex officio, as
trustee, for deposit into the Local Government Aviation Trust
Fund. The Department shall only pay moneys into the Local
Government Aviation Trust Fund under this Act for so long as
the revenue use requirements of 49 U.S.C. 47107(b) and 49
U.S.C. 47133 are binding on the Authority. On or before the
25th day of each calendar month, the State Department of
Revenue shall prepare and certify to the Comptroller of the
State of Illinois and to the Authority (i) the amount of taxes
collected in each county other than Cook County in the
metropolitan region, (not including, if an airport-related
purpose has been certified, the taxes and penalties collected
from the 0.50% of the 0.75% rate on aviation fuel sold on or
after December 1, 2019 that are deposited into the Local
Government Aviation Trust Fund) (ii) the amount of taxes
collected within the City of Chicago, and (iii) the amount
collected in that portion of Cook County outside of Chicago,
each amount less the amount necessary for the payment of
refunds to taxpayers located in those areas described in items
(i), (ii), and (iii), and less 1.5% of the remainder, which

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shall be transferred from the trust fund into the Tax
Compliance and Administration Fund. The Department, at the
time of each monthly disbursement to the Authority, shall
prepare and certify to the State Comptroller the amount to be
transferred into the Tax Compliance and Administration Fund
under this subsection. Within 10 days after receipt by the
Comptroller of the certification of the amounts, the
Comptroller shall cause an order to be drawn for the transfer
of the amount certified into the Tax Compliance and
Administration Fund and the payment of two-thirds of the
amounts certified in item (i) of this subsection to the
Authority and one-third of the amounts certified in item (i)
of this subsection to the respective counties other than Cook
County and the amount certified in items (ii) and (iii) of this
subsection to the Authority.
In addition to the disbursement required by the preceding
paragraph, an allocation shall be made in July 1991 and each
year thereafter to the Regional Transportation Authority. The
allocation shall be made in an amount equal to the average
monthly distribution during the preceding calendar year
(excluding the 2 months of lowest receipts) and the allocation
shall include the amount of average monthly distribution from
the Regional Transportation Authority Occupation and Use Tax
Replacement Fund. The distribution made in July 1992 and each
year thereafter under this paragraph and the preceding
paragraph shall be reduced by the amount allocated and

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disbursed under this paragraph in the preceding calendar year.
The Department of Revenue shall prepare and certify to the
Comptroller for disbursement the allocations made in
accordance with this paragraph.
(o) Failure to adopt a budget ordinance or otherwise to
comply with Section 4.01 of this Act or to adopt a Five-year
Capital Program or otherwise to comply with paragraph (b) of
Section 2.01 of this Act shall not affect the validity of any
tax imposed by the Authority otherwise in conformity with law.
(p) At no time shall a public transportation tax or motor
vehicle parking tax authorized under paragraphs (b), (c), and
(d) of this Section be in effect at the same time as any
retailers' occupation, use or service occupation tax
authorized under paragraphs (e), (f), and (g) of this Section
is in effect.
Any taxes imposed under the authority provided in
paragraphs (b), (c), and (d) shall remain in effect only until
the time as any tax authorized by paragraph (e), (f), or (g) of
this Section is are imposed and becomes effective. Once any
tax authorized by paragraph (e), (f), or (g) is imposed the
Board may not reimpose taxes as authorized in paragraphs (b),
(c), and (d) of the Section unless any tax authorized by
paragraph (e), (f), or (g) of this Section becomes ineffective
by means other than an ordinance of the Board.
(q) Any existing rights, remedies and obligations
(including enforcement by the Regional Transportation

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Authority) arising under any tax imposed under paragraph (b),
(c), or (d) of this Section shall not be affected by the
imposition of a tax under paragraph (e), (f), or (g) of this
Section.
(Source: P.A. 102-700, eff. 4-19-22; 103-592, eff. 1-1-25;
103-781, eff. 8-5-24; revised 11-26-24.)
(70 ILCS 3615/4.03.3)
Sec. 4.03.3. Distribution of Revenues. This Section
applies only after the Department begins administering and
enforcing an increased tax under Section 4.03(m) as authorized
by this amendatory Act of the 95th General Assembly. After
providing for payment of its obligations with respect to bonds
and notes issued under the provisions of Section 4.04 and
obligations related to those bonds and notes and separately
accounting for the tax on aviation fuel deposited into the
Local Government Aviation Trust Fund, the Authority shall
disburse the remaining proceeds from taxes it has received
from the Department of Revenue under this Article IV and the
remaining proceeds it has received from the State under
Section 4.09(a) as follows:
(a) With respect to taxes imposed by the Authority under
Section 4.03, after withholding 15% of 80% of the receipts
from those taxes collected in Cook County at a rate of 1.25%,
15% of 75% of the receipts from those taxes collected in Cook
County at the rate of 1%, 15% of one-half of the receipts from

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those taxes collected in DuPage, Kane, Lake, McHenry, and Will
Counties, and 15% of money received by the Authority from the
Regional Transportation Authority Occupation and Use Tax
Replacement Fund or from the Regional Transportation Authority
tax fund created in Section 4.03(n), the Board shall allocate
the proceeds and money remaining to the Service Boards as
follows:
(1) an amount equal to (i) 85% of 80% of the receipts
from those taxes collected within the City of Chicago at a
rate of 1.25%, (ii) 85% of 75% of the receipts from those
taxes collected in the City of Chicago at the rate of 1%,
and (iii) 85% of the money received by the Authority on
account of transfers to the Regional Transportation
Authority Occupation and Use Tax Replacement Fund or to
the Regional Transportation Authority tax fund created in
Section 4.03(n) from the County and Mass Transit District
Fund attributable to retail sales within the City of
Chicago shall be allocated to the Chicago Transit
Authority;
(2) an amount equal to (i) 85% of 80% of the receipts
from those taxes collected within Cook County outside of
the City of Chicago at a rate of 1.25%, (ii) 85% of 75% of
the receipts from those taxes collected within Cook County
outside the City of Chicago at a rate of 1%, and (iii) 85%
of the money received by the Authority on account of
transfers to the Regional Transportation Authority

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Occupation and Use Tax Replacement Fund or to the Regional
Transportation Authority tax fund created in Section
4.03(n) from the County and Mass Transit District Fund
attributable to retail sales within Cook County outside of
the City of Chicago shall be allocated 30% to the Chicago
Transit Authority, 55% to the Commuter Rail Board, and 15%
to the Suburban Bus Board; and
(3) an amount equal to 85% of one-half of the receipts
from the taxes collected within the Counties of DuPage,
Kane, Lake, McHenry, and Will shall be allocated 70% to
the Commuter Rail Board and 30% to the Suburban Bus Board.
(b) Moneys received by the Authority on account of
transfers to the Regional Transportation Authority Occupation
and Use Tax Replacement Fund from the State and Local Sales Tax
Reform Fund shall be allocated among the Authority and the
Service Boards as follows: 15% of such moneys shall be
retained by the Authority and the remaining 85% shall be
transferred to the Service Boards as soon as may be
practicable after the Authority receives payment. Moneys which
are distributable to the Service Boards pursuant to the
preceding sentence shall be allocated among the Service Boards
on the basis of each Service Board's distribution ratio. The
term "distribution ratio" means, for purposes of this
subsection (b), the ratio of the total amount distributed to a
Service Board pursuant to subsection (a) of Section 4.03.3 for
the immediately preceding calendar year to the total amount

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distributed to all of the Service Boards pursuant to
subsection (a) of Section 4.03.3 for the immediately preceding
calendar year.
(c)(i) 20% of the receipts from those taxes collected in
Cook County under Section 4.03 at the rate of 1.25%, (ii) 25%
of the receipts from those taxes collected in Cook County
under Section 4.03 at the rate of 1%, (iii) 50% of the receipts
from those taxes collected in DuPage, Kane, Lake, McHenry, and
Will Counties under Section 4.03, and (iv) amounts received
from the State under Section 4.09 (a)(2) and items (i), (ii),
and (iii) of Section 4.09 (a)(3) shall be allocated as
follows: the amount required to be deposited into the ADA
Paratransit Fund described in Section 2.01d, the amount
required to be deposited into the Suburban Community Mobility
Fund described in Section 2.01e, and the amount required to be
deposited into the Innovation, Coordination and Enhancement
Fund described in Section 2.01c, and the balance shall be
allocated 48% to the Chicago Transit Authority, 39% to the
Commuter Rail Board, and 13% to the Suburban Bus Board.
(d) Amounts received from the State under Section 4.09
(a)(3)(iv) shall be distributed 100% to the Chicago Transit
Authority.
(e) With respect to those taxes collected in DuPage, Kane,
Lake, McHenry, and Will Counties and paid directly to the
counties under Section 4.03, the County Board of each county
shall use those amounts to fund operating and capital costs of

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public safety and public transportation services or facilities
or to fund operating, capital, right-of-way, construction, and
maintenance costs of other transportation purposes, including
road, bridge, public safety, and transit purposes intended to
improve mobility or reduce congestion in the county. The
receipt of funding by such counties pursuant to this paragraph
shall not be used as the basis for reducing any funds that such
counties would otherwise have received from the State of
Illinois, any agency or instrumentality thereof, the
Authority, or the Service Boards.
(f) The Authority by ordinance adopted by 12 of its then
Directors, prior to February 1, 2026, and by the affirmative
vote of at least 14 of its then Directors, beginning February
1, 2026 shall apportion to the Service Boards funds provided
by the State of Illinois under Section 4.09(a)(1) as it shall
determine and shall make payment of the amounts to each
Service Board as soon as may be practicable upon their receipt
provided the Authority has adopted a balanced budget as
required by Section 4.01 and further provided the Service
Board is in compliance with the requirements in Section 4.11.
(g) Beginning January 1, 2009, before making any payments,
transfers, or expenditures under this Section to a Service
Board, the Authority must first comply with Section 4.02a or
4.02b of this Act, whichever may be applicable.
(h) Moneys may be appropriated from the Public
Transportation Fund to the Office of the Executive Inspector

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General for the costs incurred by the Executive Inspector
General while serving as the inspector general for the
Authority and each of the Service Boards. Beginning December
31, 2012, and each year thereafter, the Office of the
Executive Inspector General shall annually report to the
General Assembly the expenses incurred while serving as the
inspector general for the Authority and each of the Service
Boards.
(Source: P.A. 101-604, eff. 12-13-19.)
(70 ILCS 3615/4.04) (from Ch. 111 2/3, par. 704.04)
Sec. 4.04. Issuance and Pledge of Bonds and Notes.
(a) The Authority shall have the continuing power to
borrow money and to issue its negotiable bonds or notes as
provided in this Section. Unless otherwise indicated in this
Section, the term "notes" also includes bond anticipation
notes, which are notes which by their terms provide for their
payment from the proceeds of bonds thereafter to be issued.
Bonds or notes of the Authority may be issued for any or all of
the following purposes: to pay costs to the Authority or a
Service Board of constructing or acquiring any public
transportation facilities (including funds and rights relating
thereto, as provided in Section 2.05 of this Act); to repay
advances to the Authority or a Service Board made for such
purposes; to pay other expenses of the Authority or a Service
Board incident to or incurred in connection with such

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construction or acquisition; to provide funds for any
transportation agency to pay principal of or interest or
redemption premium on any bonds or notes, whether as such
amounts become due or by earlier redemption, issued prior to
the date of this amendatory Act by such transportation agency
to construct or acquire public transportation facilities or to
provide funds to purchase such bonds or notes; and to provide
funds for any transportation agency to construct or acquire
any public transportation facilities, to repay advances made
for such purposes, and to pay other expenses incident to or
incurred in connection with such construction or acquisition;
and to provide funds for payment of obligations, including the
funding of reserves, under any self-insurance plan or joint
self-insurance pool or entity.
In addition to any other borrowing as may be authorized by
this Section, the Authority may issue its notes, from time to
time, in anticipation of tax receipts of the Authority or of
other revenues or receipts of the Authority, in order to
provide money for the Authority or the Service Boards to cover
any cash flow deficit which the Authority or a Service Board
anticipates incurring. Any such notes are referred to in this
Section as "Working Cash Notes". No Working Cash Notes shall
be issued for a term of longer than 24 months. Proceeds of
Working Cash Notes may be used to pay day to day operating
expenses of the Authority or the Service Boards, consisting of
wages, salaries, and fringe benefits, professional and

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technical services (including legal, audit, engineering, and
other consulting services), office rental, furniture, fixtures
and equipment, insurance premiums, claims for self-insured
amounts under insurance policies, public utility obligations
for telephone, light, heat and similar items, travel expenses,
office supplies, postage, dues, subscriptions, public hearings
and information expenses, fuel purchases, and payments of
grants and payments under purchase of service agreements for
operations of transportation agencies, prior to the receipt by
the Authority or a Service Board from time to time of funds for
paying such expenses. In addition to any Working Cash Notes
that the Board of the Authority may determine to issue, the
Suburban Bus Board, the Commuter Rail Board or the Board of the
Chicago Transit Authority may demand and direct that the
Authority issue its Working Cash Notes in such amounts and
having such maturities as the Service Board may determine.
Notwithstanding any other provision of this Act, any
amounts necessary to pay principal of and interest on any
Working Cash Notes issued at the demand and direction of a
Service Board or any Working Cash Notes the proceeds of which
were used for the direct benefit of a Service Board or any
other Bonds or Notes of the Authority the proceeds of which
were used for the direct benefit of a Service Board shall
constitute a reduction of the amount of any other funds
provided by the Authority to that Service Board. The Authority
shall, after deducting any costs of issuance, tender the net

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proceeds of any Working Cash Notes issued at the demand and
direction of a Service Board to such Service Board as soon as
may be practicable after the proceeds are received. The
Authority may also issue notes or bonds to pay, refund or
redeem any of its notes and bonds, including to pay redemption
premiums or accrued interest on such bonds or notes being
renewed, paid or refunded, and other costs in connection
therewith. The Authority may also utilize the proceeds of any
such bonds or notes to pay the legal, financial,
administrative and other expenses of such authorization,
issuance, sale or delivery of bonds or notes or to provide or
increase a debt service reserve fund with respect to any or all
of its bonds or notes. The Authority may also issue and deliver
its bonds or notes in exchange for any public transportation
facilities, (including funds and rights relating thereto, as
provided in Section 2.05 of this Act) or in exchange for
outstanding bonds or notes of the Authority, including any
accrued interest or redemption premium thereon, without
advertising or submitting such notes or bonds for public
bidding.
(b) The ordinance providing for the issuance of any such
bonds or notes shall fix the date or dates of maturity, the
dates on which interest is payable, any sinking fund account
or reserve fund account provisions and all other details of
such bonds or notes and may provide for such covenants or
agreements necessary or desirable with regard to the issue,

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sale and security of such bonds or notes. The rate or rates of
interest on its bonds or notes may be fixed or variable and the
Authority shall determine or provide for the determination of
the rate or rates of interest of its bonds or notes issued
under this Act in an ordinance adopted by the Authority prior
to the issuance thereof, none of which rates of interest shall
exceed that permitted in the Bond Authorization Act. Interest
may be payable at such times as are provided for by the Board.
Bonds and notes issued under this Section may be issued as
serial or term obligations, shall be of such denomination or
denominations and form, including interest coupons to be
attached thereto, be executed in such manner, shall be payable
at such place or places and bear such date as the Authority
shall fix by the ordinance authorizing such bond or note and
shall mature at such time or times, within a period not to
exceed 40 forty years from the date of issue, and may be
redeemable prior to maturity with or without premium, at the
option of the Authority, upon such terms and conditions as the
Authority shall fix by the ordinance authorizing the issuance
of such bonds or notes. No bond anticipation note or any
renewal thereof shall mature at any time or times exceeding 5
years from the date of the first issuance of such note. The
Authority may provide for the registration of bonds or notes
in the name of the owner as to the principal alone or as to
both principal and interest, upon such terms and conditions as
the Authority may determine. The ordinance authorizing bonds

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or notes may provide for the exchange of such bonds or notes
which are fully registered, as to both principal and interest,
with bonds or notes which are registerable as to principal
only. All bonds or notes issued under this Section by the
Authority other than those issued in exchange for property or
for bonds or notes of the Authority shall be sold at a price
which may be at a premium or discount but such that the
interest cost (excluding any redemption premium) to the
Authority of the proceeds of an issue of such bonds or notes,
computed to stated maturity according to standard tables of
bond values, shall not exceed that permitted in the Bond
Authorization Act. The Authority shall notify the Governor's
Office of Management and Budget and the State Comptroller at
least 30 days before any bond sale and shall file with the
Governor's Office of Management and Budget and the State
Comptroller a certified copy of any ordinance authorizing the
issuance of bonds at or before the issuance of the bonds. After
December 31, 1994, any such bonds or notes shall be sold to the
highest and best bidder on sealed bids as the Authority shall
deem. As such bonds or notes are to be sold the Authority shall
advertise for proposals to purchase the bonds or notes which
advertisement shall be published at least once in a daily
newspaper of general circulation published in the metropolitan
region at least 10 days before the time set for the submission
of bids. The Authority shall have the right to reject any or
all bids. Notwithstanding any other provisions of this

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Section, Working Cash Notes or bonds or notes to provide funds
for self-insurance or a joint self-insurance pool or entity
may be sold either upon competitive bidding or by negotiated
sale (without any requirement of publication of intention to
negotiate the sale of such Notes), as the Board shall
determine by ordinance adopted with the affirmative votes of
at least 9 Directors, prior to February 1, 2026, and by the
affirmative vote of a simple majority of Directors, beginning
February 1, 2026. In case any officer whose signature appears
on any bonds, notes or coupons authorized pursuant to this
Section shall cease to be such officer before delivery of such
bonds or notes, such signature shall nevertheless be valid and
sufficient for all purposes, the same as if such officer had
remained in office until such delivery. Neither the Directors
of the Authority nor any person executing any bonds or notes
thereof shall be liable personally on any such bonds or notes
or coupons by reason of the issuance thereof.
(c) All bonds or notes of the Authority issued pursuant to
this Section shall be general obligations of the Authority to
which shall be pledged the full faith and credit of the
Authority, as provided in this Section. Such bonds or notes
shall be secured as provided in the authorizing ordinance,
which may, notwithstanding any other provision of this Act,
include in addition to any other security, a specific pledge
or assignment of and lien on or security interest in any or all
tax receipts of the Authority and on any or all other revenues

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or moneys of the Authority from whatever source, which may by
law be utilized for debt service purposes and a specific
pledge or assignment of and lien on or security interest in any
funds or accounts established or provided for by the ordinance
of the Authority authorizing the issuance of such bonds or
notes. Any such pledge, assignment, lien, or security interest
for the benefit of holders of bonds or notes of the Authority
shall be valid and binding from the time the bonds or notes are
issued without any physical delivery or further act and shall
be valid and binding as against and prior to the claims of all
other parties having claims of any kind against the Authority
or any other person irrespective of whether such other parties
have notice of such pledge, assignment, lien, or security
interest. The obligations of the Authority incurred pursuant
to this Section shall be superior to and have priority over any
other obligations of the Authority.
The Authority may provide in the ordinance authorizing the
issuance of any bonds or notes issued pursuant to this Section
for the creation of, deposits in, and regulation and
disposition of sinking fund or reserve accounts relating to
such bonds or notes. The ordinance authorizing the issuance of
any bonds or notes pursuant to this Section may contain
provisions as part of the contract with the holders of the
bonds or notes, for the creation of a separate fund to provide
for the payment of principal and interest on such bonds or
notes and for the deposit in such fund from any or all the tax

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receipts of the Authority and from any or all such other moneys
or revenues of the Authority from whatever source which may by
law be utilized for debt service purposes, all as provided in
such ordinance, of amounts to meet the debt service
requirements on such bonds or notes, including principal and
interest, and any sinking fund or reserve fund account
requirements as may be provided by such ordinance, and all
expenses incident to or in connection with such fund and
accounts or the payment of such bonds or notes. Such ordinance
may also provide limitations on the issuance of additional
bonds or notes of the Authority. No such bonds or notes of the
Authority shall constitute a debt of the State of Illinois.
Nothing in this Act shall be construed to enable the Authority
to impose any ad valorem tax on property.
(d) The ordinance of the Authority authorizing the
issuance of any bonds or notes may provide additional security
for such bonds or notes by providing for appointment of a
corporate trustee (which may be any trust company or bank
having the powers of a trust company within the state) with
respect to such bonds or notes. The ordinance shall prescribe
the rights, duties, and powers of the trustee to be exercised
for the benefit of the Authority and the protection of the
holders of such bonds or notes. The ordinance may provide for
the trustee to hold in trust, invest, and use amounts in funds
and accounts created as provided by the ordinance with respect
to the bonds or notes. The ordinance may provide for the

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assignment and direct payment to the trustee of any or all
amounts produced from the sources provided in Section 4.03 and
Section 4.09 of this Act and provided in Section 6z-17 of the
State Finance Act. Upon receipt of notice of any such
assignment, the Department of Revenue and the Comptroller of
the State of Illinois shall thereafter, notwithstanding the
provisions of Section 4.03 and Section 4.09 of this Act and
Section 6z-17 of the State Finance Act, provide for such
assigned amounts to be paid directly to the trustee instead of
the Authority, all in accordance with the terms of the
ordinance making the assignment. The ordinance shall provide
that amounts so paid to the trustee which are not required to
be deposited, held or invested in funds and accounts created
by the ordinance with respect to bonds or notes or used for
paying bonds or notes to be paid by the trustee to the
Authority.
(e) Any bonds or notes of the Authority issued pursuant to
this Section shall constitute a contract between the Authority
and the holders from time to time of such bonds or notes. In
issuing any bond or note, the Authority may include in the
ordinance authorizing such issue a covenant as part of the
contract with the holders of the bonds or notes, that as long
as such obligations are outstanding, it shall make such
deposits, as provided in paragraph (c) of this Section. It may
also so covenant that it shall impose and continue to impose
taxes, as provided in Section 4.03 of this Act and in addition

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thereto as subsequently authorized by law, sufficient to make
such deposits and pay the principal and interest and to meet
other debt service requirements of such bonds or notes as they
become due. A certified copy of the ordinance authorizing the
issuance of any such obligations shall be filed at or prior to
the issuance of such obligations with the Comptroller of the
State of Illinois and the Illinois Department of Revenue.
(f) The State of Illinois pledges to and agrees with the
holders of the bonds and notes of the Authority issued
pursuant to this Section that the State will not limit or alter
the rights and powers vested in the Authority by this Act so as
to impair the terms of any contract made by the Authority with
such holders or in any way impair the rights and remedies of
such holders until such bonds and notes, together with
interest thereon, with interest on any unpaid installments of
interest, and all costs and expenses in connection with any
action or proceedings by or on behalf of such holders, are
fully met and discharged. In addition, the State pledges to
and agrees with the holders of the bonds and notes of the
Authority issued pursuant to this Section that the State will
not limit or alter the basis on which State funds are to be
paid to the Authority as provided in this Act, or the use of
such funds, so as to impair the terms of any such contract. The
Authority is authorized to include these pledges and
agreements of the State in any contract with the holders of
bonds or notes issued pursuant to this Section.

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(g)(1) Except as provided in subdivisions (g)(2) and
(g)(3) of Section 4.04 of this Act, the Authority shall not at
any time issue, sell or deliver any bonds or notes (other than
Working Cash Notes and lines of credit) pursuant to this
Section 4.04 which will cause it to have issued and
outstanding at any time in excess of $800,000,000 of such
bonds and notes (other than Working Cash Notes and lines of
credit). The Authority shall not issue, sell, or deliver any
Working Cash Notes or establish a line of credit pursuant to
this Section that will cause it to have issued and outstanding
at any time in excess of $100,000,000. However, the Authority
may issue, sell, and deliver additional Working Cash Notes or
establish a line of credit before July 1, 2022 that are over
and above and in addition to the $100,000,000 authorization
such that the outstanding amount of these additional Working
Cash Notes and lines of credit does not exceed at any time
$300,000,000. Bonds or notes which are being paid or retired
by such issuance, sale or delivery of bonds or notes, and bonds
or notes for which sufficient funds have been deposited with
the paying agency of such bonds or notes to provide for payment
of principal and interest thereon or to provide for the
redemption thereof, all pursuant to the ordinance authorizing
the issuance of such bonds or notes, shall not be considered to
be outstanding for the purposes of this subsection.
(2) In addition to the authority provided by paragraphs
(1) and (3), the Authority is authorized to issue, sell, and

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deliver bonds or notes for Strategic Capital Improvement
Projects approved pursuant to Section 4.13 as follows:
$100,000,000 is authorized to be issued on or after
January 1, 1990;
an additional $100,000,000 is authorized to be issued
on or after January 1, 1991;
an additional $100,000,000 is authorized to be issued
on or after January 1, 1992;
an additional $100,000,000 is authorized to be issued
on or after January 1, 1993;
an additional $100,000,000 is authorized to be issued
on or after January 1, 1994; and
the aggregate total authorization of bonds and notes
for Strategic Capital Improvement Projects as of January
1, 1994, shall be $500,000,000.
The Authority is also authorized to issue, sell, and
deliver bonds or notes in such amounts as are necessary to
provide for the refunding or advance refunding of bonds or
notes issued for Strategic Capital Improvement Projects under
this subdivision (g)(2), provided that no such refunding bond
or note shall mature later than the final maturity date of the
series of bonds or notes being refunded, and provided further
that the debt service requirements for such refunding bonds or
notes in the current or any future fiscal year shall not exceed
the debt service requirements for that year on the refunded
bonds or notes.

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(3) In addition to the authority provided by paragraphs
(1) and (2), the Authority is authorized to issue, sell, and
deliver bonds or notes for Strategic Capital Improvement
Projects approved pursuant to Section 4.13 as follows:
$260,000,000 is authorized to be issued on or after
January 1, 2000;
an additional $260,000,000 is authorized to be issued
on or after January 1, 2001;
an additional $260,000,000 is authorized to be issued
on or after January 1, 2002;
an additional $260,000,000 is authorized to be issued
on or after January 1, 2003;
an additional $260,000,000 is authorized to be issued
on or after January 1, 2004; and
the aggregate total authorization of bonds and notes
for Strategic Capital Improvement Projects pursuant to
this paragraph (3) as of January 1, 2004 shall be
$1,300,000,000.
The Authority is also authorized to issue, sell, and
deliver bonds or notes in such amounts as are necessary to
provide for the refunding or advance refunding of bonds or
notes issued for Strategic Capital Improvement projects under
this subdivision (g)(3), provided that no such refunding bond
or note shall mature later than the final maturity date of the
series of bonds or notes being refunded, and provided further
that the debt service requirements for such refunding bonds or

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notes in the current or any future fiscal year shall not exceed
the debt service requirements for that year on the refunded
bonds or notes.
(h) The Authority, subject to the terms of any agreements
with noteholders or bond holders as may then exist, shall have
power, out of any funds available therefor, to purchase notes
or bonds of the Authority, which shall thereupon be cancelled.
(i) In addition to any other authority granted by law, the
State Treasurer may, with the approval of the Governor, invest
or reinvest, at a price not to exceed par, any State money in
the State Treasury which is not needed for current
expenditures due or about to become due in Working Cash Notes.
In the event of a default on a Working Cash Note issued by the
Regional Transportation Authority in which State money in the
State treasury was invested, the Treasurer may, after giving
notice to the Authority, certify to the Comptroller the
amounts of the defaulted Working Cash Note, in accordance with
any applicable rules of the Comptroller, and the Comptroller
must deduct and remit to the State treasury the certified
amounts or a portion of those amounts from the following
proportions of payments of State funds to the Authority:
(1) in the first year after default, one-third of the
total amount of any payments of State funds to the
Authority;
(2) in the second year after default, two-thirds of
the total amount of any payments of State funds to the

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Authority; and
(3) in the third year after default and for each year
thereafter until the total invested amount is repaid, the
total amount of any payments of State funds to the
Authority.
(j) The Authority may establish a line of credit with a
bank or other financial institution as may be evidenced by the
issuance of notes or other obligations, secured by and payable
from all tax receipts of the Authority and any or all other
revenues or moneys of the Authority, in an amount not to exceed
the limitations set forth in paragraph (1) of subsection (g).
Money borrowed under this subsection (j) shall be used to
provide money for the Authority or the Service Boards to cover
any cash flow deficit that the Authority or a Service Board
anticipates incurring and shall be repaid within 24 months.
Before establishing a line of credit under this subsection
(j), the Authority shall authorize the line of credit by
ordinance. The ordinance shall set forth facts demonstrating
the need for the line of credit, state the amount to be
borrowed, establish a maximum interest rate limit not to
exceed the maximum rate authorized by the Bond Authorization
Act, and provide a date by which the borrowed funds shall be
repaid. The ordinance shall authorize and direct the relevant
officials to make arrangements to set apart and hold, as
applicable, the moneys that will be used to repay the
borrowing. In addition, the ordinance may authorize the

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relevant officials to make partial repayments on the line of
credit as the moneys become available and may contain any
other terms, restrictions, or limitations desirable or
necessary to give effect to this subsection (j).
The Authority shall notify the Governor's Office of
Management and Budget and the State Comptroller at least 30
days before establishing a line of credit and shall file with
the Governor's Office of Management and Budget and the State
Comptroller a certified copy of any ordinance authorizing the
establishment of a line of credit upon or before establishing
the line of credit.
Moneys borrowed under a line of credit pursuant to this
subsection (j) are general obligations of the Authority that
are secured by the full faith and credit of the Authority.
(Source: P.A. 101-485, eff. 8-23-19; 102-558, eff. 8-20-21.)
(70 ILCS 3615/4.09) (from Ch. 111 2/3, par. 704.09)
Sec. 4.09. Public Transportation Fund and the Regional
Transportation Authority Occupation and Use Tax Replacement
Fund.
(a)(1) Except as otherwise provided in paragraph (4), as
soon as possible after the first day of each month, beginning
July 1, 1984, upon certification of the Department of Revenue,
the Comptroller shall order transferred and the Treasurer
shall transfer from the General Revenue Fund to a special fund
in the State Treasury to be known as the Public Transportation

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Fund an amount equal to 25% of the net revenue, before the
deduction of the serviceman and retailer discounts pursuant to
Section 9 of the Service Occupation Tax Act and Section 3 of
the Retailers' Occupation Tax Act, realized from any tax
imposed by the Authority pursuant to Sections 4.03 and 4.03.1
and 25% of the amounts deposited into the Regional
Transportation Authority tax fund created by Section 4.03 of
this Act, from the County and Mass Transit District Fund as
provided in Section 6z-20 of the State Finance Act and 25% of
the amounts deposited into the Regional Transportation
Authority Occupation and Use Tax Replacement Fund from the
State and Local Sales Tax Reform Fund as provided in Section
6z-17 of the State Finance Act. On the first day of the month
following the date that the Department receives revenues from
increased taxes under Section 4.03(m) as authorized by Public
Act 95-708, in lieu of the transfers authorized in the
preceding sentence, upon certification of the Department of
Revenue, the Comptroller shall order transferred and the
Treasurer shall transfer from the General Revenue Fund to the
Public Transportation Fund an amount equal to 25% of the net
revenue, before the deduction of the serviceman and retailer
discounts pursuant to Section 9 of the Service Occupation Tax
Act and Section 3 of the Retailers' Occupation Tax Act,
realized from (i) 80% of the proceeds of any tax imposed by the
Authority at a rate of 1.25% in Cook County, (ii) 75% of the
proceeds of any tax imposed by the Authority at the rate of 1%

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in Cook County, and (iii) one-third of the proceeds of any tax
imposed by the Authority at the rate of 0.75% in the Counties
of DuPage, Kane, Lake, McHenry, and Will, all pursuant to
Section 4.03, and 25% of the net revenue realized from any tax
imposed by the Authority pursuant to Section 4.03.1, and 25%
of the amounts deposited into the Regional Transportation
Authority tax fund created by Section 4.03 of this Act from the
County and Mass Transit District Fund as provided in Section
6z-20 of the State Finance Act, and 25% of the amounts
deposited into the Regional Transportation Authority
Occupation and Use Tax Replacement Fund from the State and
Local Sales Tax Reform Fund as provided in Section 6z-17 of the
State Finance Act. As used in this Section, net revenue
realized for a month shall be the revenue collected by the
State pursuant to Sections 4.03 and 4.03.1 during the previous
month from within the metropolitan region, less the amount
paid out during that same month as refunds to taxpayers for
overpayment of liability in the metropolitan region under
Sections 4.03 and 4.03.1.
Notwithstanding any provision of law to the contrary,
beginning on July 6, 2017 (the effective date of Public Act
100-23), those amounts required under this paragraph (1) of
subsection (a) to be transferred by the Treasurer into the
Public Transportation Fund from the General Revenue Fund shall
be directly deposited into the Public Transportation Fund as
the revenues are realized from the taxes indicated.

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(2) Except as otherwise provided in paragraph (4), on
February 1, 2009 (the first day of the month following the
effective date of Public Act 95-708) and each month
thereafter, upon certification by the Department of Revenue,
the Comptroller shall order transferred and the Treasurer
shall transfer from the General Revenue Fund to the Public
Transportation Fund an amount equal to 5% of the net revenue,
before the deduction of the serviceman and retailer discounts
pursuant to Section 9 of the Service Occupation Tax Act and
Section 3 of the Retailers' Occupation Tax Act, realized from
any tax imposed by the Authority pursuant to Sections 4.03 and
4.03.1 and certified by the Department of Revenue under
Section 4.03(n) of this Act to be paid to the Authority and 5%
of the amounts deposited into the Regional Transportation
Authority tax fund created by Section 4.03 of this Act from the
County and Mass Transit District Fund as provided in Section
6z-20 of the State Finance Act, and 5% of the amounts deposited
into the Regional Transportation Authority Occupation and Use
Tax Replacement Fund from the State and Local Sales Tax Reform
Fund as provided in Section 6z-17 of the State Finance Act, and
5% of the revenue realized by the Chicago Transit Authority as
financial assistance from the City of Chicago from the
proceeds of any tax imposed by the City of Chicago under
Section 8-3-19 of the Illinois Municipal Code.
Notwithstanding any provision of law to the contrary,
beginning on July 6, 2017 (the effective date of Public Act

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100-23), those amounts required under this paragraph (2) of
subsection (a) to be transferred by the Treasurer into the
Public Transportation Fund from the General Revenue Fund shall
be directly deposited into the Public Transportation Fund as
the revenues are realized from the taxes indicated.
(3) Except as otherwise provided in paragraph (4), as soon
as possible after the first day of January, 2009 and each month
thereafter, upon certification of the Department of Revenue
with respect to the taxes collected under Section 4.03, the
Comptroller shall order transferred and the Treasurer shall
transfer from the General Revenue Fund to the Public
Transportation Fund an amount equal to 25% of the net revenue,
before the deduction of the serviceman and retailer discounts
pursuant to Section 9 of the Service Occupation Tax Act and
Section 3 of the Retailers' Occupation Tax Act, realized from
(i) 20% of the proceeds of any tax imposed by the Authority at
a rate of 1.25% in Cook County, (ii) 25% of the proceeds of any
tax imposed by the Authority at the rate of 1% in Cook County,
and (iii) one-third of the proceeds of any tax imposed by the
Authority at the rate of 0.75% in the Counties of DuPage, Kane,
Lake, McHenry, and Will, all pursuant to Section 4.03, and the
Comptroller shall order transferred and the Treasurer shall
transfer from the General Revenue Fund to the Public
Transportation Fund (iv) an amount equal to 25% of the revenue
realized by the Chicago Transit Authority as financial
assistance from the City of Chicago from the proceeds of any

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tax imposed by the City of Chicago under Section 8-3-19 of the
Illinois Municipal Code.
Notwithstanding any provision of law to the contrary,
beginning on July 6, 2017 (the effective date of Public Act
100-23), those amounts required under this paragraph (3) of
subsection (a) to be transferred by the Treasurer into the
Public Transportation Fund from the General Revenue Fund shall
be directly deposited into the Public Transportation Fund as
the revenues are realized from the taxes indicated.
(4) Notwithstanding any provision of law to the contrary,
for the State fiscal year beginning July 1, 2024 and each State
fiscal year thereafter, the first $150,000,000 that would have
otherwise been transferred from the General Revenue Fund and
deposited into the Public Transportation Fund as provided in
paragraphs (1), (2), and (3) of this subsection (a) shall
instead be transferred from the Road Fund by the Treasurer
upon certification by the Department of Revenue and order of
the Comptroller. For the State fiscal year beginning July 1,
2024, only, the next $75,000,000 that would have otherwise
been transferred from the General Revenue Fund and deposited
into the Public Transportation Fund as provided in paragraphs
(1), (2), and (3) of this subsection (a) shall instead be
transferred from the Road Fund and deposited into the Public
Transportation Fund by the Treasurer upon certification by the
Department of Revenue and order of the Comptroller. The funds
authorized and transferred pursuant to this amendatory Act of

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the 103rd General Assembly are not intended or planned for
road construction projects. For the State fiscal year
beginning July 1, 2024, only, the next $50,000,000 that would
have otherwise been transferred from the General Revenue Fund
and deposited into the Public Transportation Fund as provided
in paragraphs (1), (2), and (3) of this subsection (a) shall
instead be transferred from the Underground Storage Tank Fund
and deposited into the Public Transportation Fund by the
Treasurer upon certification by the Department of Revenue and
order of the Comptroller. The remaining balance shall be
deposited each State fiscal year as otherwise provided in
paragraphs (1), (2), and (3) of this subsection (a).
(5) (Blank).
(6) (Blank).
(7) For State fiscal year 2020 only, notwithstanding any
provision of law to the contrary, the total amount of revenue
and deposits under this Section attributable to revenues
realized during State fiscal year 2020 shall be reduced by 5%.
(8) For State fiscal year 2021 only, notwithstanding any
provision of law to the contrary, the total amount of revenue
and deposits under this Section attributable to revenues
realized during State fiscal year 2021 shall be reduced by 5%.
(b)(1) All moneys deposited in the Public Transportation
Fund and the Regional Transportation Authority Occupation and
Use Tax Replacement Fund, whether deposited pursuant to this
Section or otherwise, are allocated to the Authority, except

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for amounts appropriated to the Office of the Executive
Inspector General as authorized by subsection (h) of Section
4.03.3 and amounts transferred to the Audit Expense Fund
pursuant to Section 6z-27 of the State Finance Act. The
Comptroller, as soon as possible after each monthly transfer
provided in this Section and after each deposit into the
Public Transportation Fund, shall order the Treasurer to pay
to the Authority out of the Public Transportation Fund the
amount so transferred or deposited. Any Additional State
Assistance and Additional Financial Assistance paid to the
Authority under this Section shall be expended by the
Authority for its purposes as provided in this Act. The
balance of the amounts paid to the Authority from the Public
Transportation Fund shall be expended by the Authority as
provided in Section 4.03.3. The Comptroller, as soon as
possible after each deposit into the Regional Transportation
Authority Occupation and Use Tax Replacement Fund provided in
this Section and Section 6z-17 of the State Finance Act, shall
order the Treasurer to pay to the Authority out of the Regional
Transportation Authority Occupation and Use Tax Replacement
Fund the amount so deposited. Such amounts paid to the
Authority may be expended by it for its purposes as provided in
this Act. The provisions directing the distributions from the
Public Transportation Fund and the Regional Transportation
Authority Occupation and Use Tax Replacement Fund provided for
in this Section shall constitute an irrevocable and continuing

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appropriation of all amounts as provided herein. The State
Treasurer and State Comptroller are hereby authorized and
directed to make distributions as provided in this Section.
(2) Provided, however, no moneys deposited under subsection
(a) of this Section shall be paid from the Public
Transportation Fund to the Authority or its assignee for any
fiscal year until the Authority has certified to the Governor,
the Comptroller, and the Mayor of the City of Chicago that it
has adopted for that fiscal year an Annual Budget and Two-Year
Financial Plan meeting the requirements in Section 4.01(b).
(c) In recognition of the efforts of the Authority to
enhance the mass transportation facilities under its control,
the State shall provide financial assistance ("Additional
State Assistance") in excess of the amounts transferred to the
Authority from the General Revenue Fund under subsection (a)
of this Section. Additional State Assistance shall be
calculated as provided in subsection (d), but shall in no
event exceed the following specified amounts with respect to
the following State fiscal years:
1990 $5,000,000;
1991 $5,000,000;
1992 $10,000,000;
1993 $10,000,000;
1994 $20,000,000;
1995 $30,000,000;
1996 $40,000,000;

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1997 $50,000,000;
1998 $55,000,000; and
each year thereafter $55,000,000.
(c-5) The State shall provide financial assistance
("Additional Financial Assistance") in addition to the
Additional State Assistance provided by subsection (c) and the
amounts transferred to the Authority from the General Revenue
Fund under subsection (a) of this Section. Additional
Financial Assistance provided by this subsection shall be
calculated as provided in subsection (d), but shall in no
event exceed the following specified amounts with respect to
the following State fiscal years:
2000 $0;
2001 $16,000,000;
2002 $35,000,000;
2003 $54,000,000;
2004 $73,000,000;
2005 $93,000,000; and
each year thereafter $100,000,000.
(d) Beginning with State fiscal year 1990 and continuing
for each State fiscal year thereafter, the Authority shall
annually certify to the State Comptroller and State Treasurer,
separately with respect to each of subdivisions (g)(2) and
(g)(3) of Section 4.04 of this Act, the following amounts:
(1) The amount necessary and required, during the
State fiscal year with respect to which the certification

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is made, to pay its obligations for debt service on all
outstanding bonds or notes issued by the Authority under
subdivisions (g)(2) and (g)(3) of Section 4.04 of this
Act.
(2) An estimate of the amount necessary and required
to pay its obligations for debt service for any bonds or
notes which the Authority anticipates it will issue under
subdivisions (g)(2) and (g)(3) of Section 4.04 during that
State fiscal year.
(3) Its debt service savings during the preceding
State fiscal year from refunding or advance refunding of
bonds or notes issued under subdivisions (g)(2) and (g)(3)
of Section 4.04.
(4) The amount of interest, if any, earned by the
Authority during the previous State fiscal year on the
proceeds of bonds or notes issued pursuant to subdivisions
(g)(2) and (g)(3) of Section 4.04, other than refunding or
advance refunding bonds or notes.
The certification shall include a specific schedule of
debt service payments, including the date and amount of each
payment for all outstanding bonds or notes and an estimated
schedule of anticipated debt service for all bonds and notes
it intends to issue, if any, during that State fiscal year,
including the estimated date and estimated amount of each
payment.
Immediately upon the issuance of bonds for which an

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estimated schedule of debt service payments was prepared, the
Authority shall file an amended certification with respect to
item (2) above, to specify the actual schedule of debt service
payments, including the date and amount of each payment, for
the remainder of the State fiscal year.
On the first day of each month of the State fiscal year in
which there are bonds outstanding with respect to which the
certification is made, the State Comptroller shall order
transferred and the State Treasurer shall transfer from the
Road Fund to the Public Transportation Fund the Additional
State Assistance and Additional Financial Assistance in an
amount equal to the aggregate of (i) one-twelfth of the sum of
the amounts certified under items (1) and (3) above less the
amount certified under item (4) above, plus (ii) the amount
required to pay debt service on bonds and notes issued during
the fiscal year, if any, divided by the number of months
remaining in the fiscal year after the date of issuance, or
some smaller portion as may be necessary under subsection (c)
or (c-5) of this Section for the relevant State fiscal year,
plus (iii) any cumulative deficiencies in transfers for prior
months, until an amount equal to the sum of the amounts
certified under items (1) and (3) above, plus the actual debt
service certified under item (2) above, less the amount
certified under item (4) above, has been transferred; except
that these transfers are subject to the following limits:
(A) In no event shall the total transfers in any State

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fiscal year relating to outstanding bonds and notes issued
by the Authority under subdivision (g)(2) of Section 4.04
exceed the lesser of the annual maximum amount specified
in subsection (c) or the sum of the amounts certified
under items (1) and (3) above, plus the actual debt
service certified under item (2) above, less the amount
certified under item (4) above, with respect to those
bonds and notes.
(B) In no event shall the total transfers in any State
fiscal year relating to outstanding bonds and notes issued
by the Authority under subdivision (g)(3) of Section 4.04
exceed the lesser of the annual maximum amount specified
in subsection (c-5) or the sum of the amounts certified
under items (1) and (3) above, plus the actual debt
service certified under item (2) above, less the amount
certified under item (4) above, with respect to those
bonds and notes.
The term "outstanding" does not include bonds or notes for
which refunding or advance refunding bonds or notes have been
issued.
(e) Neither Additional State Assistance nor Additional
Financial Assistance may be pledged, either directly or
indirectly as general revenues of the Authority, as security
for any bonds issued by the Authority. The Authority may not
assign its right to receive Additional State Assistance or
Additional Financial Assistance, or direct payment of

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Additional State Assistance or Additional Financial
Assistance, to a trustee or any other entity for the payment of
debt service on its bonds.
(f) The certification required under subsection (d) with
respect to outstanding bonds and notes of the Authority shall
be filed as early as practicable before the beginning of the
State fiscal year to which it relates. The certification shall
be revised as may be necessary to accurately state the debt
service requirements of the Authority.
(g) Within 6 months of the end of each fiscal year, the
Authority shall determine:
(i) whether the aggregate of all system generated
revenues for public transportation in the metropolitan
region which is provided by, or under grant or purchase of
service contracts with, the Service Boards equals 50% of
the aggregate of all costs of providing such public
transportation. For fiscal years 2026 and 2027, the
Authority shall determine if all system generated revenues
for public transportation in the metropolitan region which
is provided by, or under grant or purchase of service
contracts with, the Service Boards equals 25% of the
aggregate of all costs of providing such public
transportation. For fiscal years 2028 and 2029 and every
year thereafter, the Authority shall determine if all
system generated revenues for public transportation in the
metropolitan region that is provided by, or under grant or

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purchase of service contracts with, the Service Boards
equals 15% of the aggregate of all costs of providing such
public transportation. Prior to the beginning of fiscal
year 2030, the General Assembly shall reevaluate and
determine the appropriate system generated revenues
recovery ratio for future years. "System generated
revenues" include all the proceeds of fares and charges
for services provided, contributions received in
connection with public transportation from units of local
government other than the Authority, except for
contributions received by the Chicago Transit Authority
from a real estate transfer tax imposed under subsection
(i) of Section 8-3-19 of the Illinois Municipal Code, and
from the State pursuant to subsection (i) of Section
2705-305 of the Department of Transportation Law, and all
other revenues properly included consistent with generally
accepted accounting principles but may not include: the
proceeds from any borrowing, and, beginning with the 2007
fiscal year, all revenues and receipts, including but not
limited to fares and grants received from the federal,
State or any unit of local government or other entity,
derived from providing ADA paratransit service pursuant to
Section 2.30 of the Regional Transportation Authority Act.
"Costs" include all items properly included as operating
costs consistent with generally accepted accounting
principles, including administrative costs, but do not

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include: depreciation; payment of principal and interest
on bonds, notes or other evidences of obligations for
borrowed money of the Authority; payments with respect to
public transportation facilities made pursuant to
subsection (b) of Section 2.20; any payments with respect
to rate protection contracts, credit enhancements or
liquidity agreements made under Section 4.14; any other
cost as to which it is reasonably expected that a cash
expenditure will not be made; costs for passenger security
including grants, contracts, personnel, equipment and
administrative expenses, except in the case of the Chicago
Transit Authority, in which case the term does not include
costs spent annually by that entity for protection against
crime as required by Section 27a of the Metropolitan
Transit Authority Act; the costs of Debt Service paid by
the Chicago Transit Authority, as defined in Section 12c
of the Metropolitan Transit Authority Act, or bonds or
notes issued pursuant to that Section; the payment by the
Commuter Rail Division of debt service on bonds issued
pursuant to Section 3B.09; expenses incurred by the
Suburban Bus Division for the cost of new public
transportation services funded from grants pursuant to
Section 2.01e of this Act for a period of 2 years from the
date of initiation of each such service; costs as exempted
by the Board for projects pursuant to Section 2.09 of this
Act; or, beginning with the 2007 fiscal year, expenses

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related to providing ADA paratransit service pursuant to
Section 2.30 of the Regional Transportation Authority Act;
or in fiscal years 2008 through 2012 inclusive, costs in
the amount of $200,000,000 in fiscal year 2008, reducing
by $40,000,000 in each fiscal year thereafter until this
exemption is eliminated; and expenses incurred by any and
all Service Boards for the cost of new public
transportation services for a period of 2 years from the
date of initiation of each such service. If said system
generated revenues are less than 50% of said costs, the
Board shall remit an amount equal to the amount of the
deficit to the State; however, due to the fiscal impacts
from the COVID-19 pandemic, for fiscal years 2021, 2022,
2023, 2024, and 2025, no such payment shall be required.
The Treasurer shall deposit any such payment in the Road
Fund; and
(ii) whether, beginning with the 2007 fiscal year, the
aggregate of all fares charged and received for ADA
paratransit services equals the system generated ADA
paratransit services revenue recovery ratio percentage of
the aggregate of all costs of providing such ADA
paratransit services, as required under subsection (b) of
Section.
(h) If the Authority makes any payment to the State under
paragraph (g), the Authority shall reduce the amount provided
to a Service Board from funds transferred under paragraph (a)

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in proportion to the amount by which that Service Board failed
to meet its required system generated revenues recovery ratio.
A Service Board which is affected by a reduction in funds under
this paragraph shall submit to the Authority concurrently with
its next due quarterly report a revised budget incorporating
the reduction in funds. The revised budget must meet the
criteria specified in clauses (i) through (vi) of Section
4.11(b)(2). The Board shall review and act on the revised
budget as provided in Section 4.11(b)(3).
(Source: P.A. 102-678, eff. 12-10-21; 103-281, eff. 1-1-24;
103-588, eff. 6-5-24.)
(70 ILCS 3615/4.11) (from Ch. 111 2/3, par. 704.11)
Sec. 4.11. Budget Review Powers.
(a) Based upon estimates which shall be given to the
Authority by the Director of the Governor's Office of
Management and Budget (formerly Bureau of the Budget) of the
receipts to be received by the Authority from the taxes
imposed by the Authority and the authorized estimates of
amounts to be available from State and other sources to the
Service Boards, and the times at which such receipts and
amounts will be available, the Board shall, not later than the
next preceding September 15th prior to the beginning of the
Authority's next fiscal year, advise each Service Board of the
amounts estimated by the Board to be available for such
Service Board during such fiscal year and the two following

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fiscal years and the times at which such amounts will be
available. The Board shall, at the same time, also advise each
Service Board of its required system generated revenues
recovery ratio for the next fiscal year which shall be the
percentage of the aggregate costs of providing public
transportation by or under jurisdiction of that Service Board
which must be recovered from system generated revenues. The
Board shall, at the same time, consider the written
determination of the Executive Director, made pursuant to
Section 2.01d, of the costs of ADA paratransit services that
are required to be provided under the federal Americans with
Disabilities Act of 1990 and its implementing regulations, and
shall amend the current year budgets of the Authority and the
Service Boards to provide for additional funding for the
provision of ADA paratransit services, if needed. The Board
shall, at the same time, beginning with the 2007 fiscal year,
also advise each Service Board that provides ADA paratransit
services of its required system generated ADA paratransit
services revenue recovery ratio for the next fiscal year which
shall be the percentage of the aggregate costs of providing
ADA paratransit services by or under jurisdiction of that
Service Board which must be recovered from fares charged for
such services, except that such required system generated ADA
paratransit services revenue recovery ratio shall not exceed
the minimum percentage established pursuant to Section
4.01(b)(ii) of this Act. In determining a Service Board's

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system generated revenue recovery ratio, the Board shall
consider the historical system generated revenues recovery
ratio for the services subject to the jurisdiction of that
Service Board. The Board shall not increase a Service Board's
system generated revenues recovery ratio for the next fiscal
year over such ratio for the current fiscal year
disproportionately or prejudicially to increases in such
ratios for other Service Boards. The Board may, by ordinance,
provide that (i) the cost of research and development projects
in the fiscal year beginning January 1, 1986 and ending
December 31, 1986 conducted pursuant to Section 2.09 of this
Act, (ii) the costs for passenger security, and (iii)
expenditures of amounts granted to a Service Board from the
Innovation, Coordination, and Enhancement Fund for operating
purposes may be exempted from the farebox recovery ratio or
the system generated revenues recovery ratio of the Chicago
Transit Authority, the Suburban Bus Board, and the Commuter
Rail Board, or any of them. During fiscal years 2008 through
2012, the Board may also allocate the exemption of
$200,000,000 and the reducing amounts of costs provided by
this amendatory Act of the 95th General Assembly from the
farebox recovery ratio or system generated revenues recovery
ratio of each Service Board.
(b)(1) Not later than the next preceding November 15 prior
to the commencement of such fiscal year, each Service Board
shall submit to the Authority its proposed budget for such

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fiscal year and its proposed financial plan for the two
following fiscal years. Such budget and financial plan shall
(i) be prepared in the format, follow the financial and
budgetary practices, and be based on any assumptions and
projections required by the Authority and (ii) not project or
assume a receipt of revenues from the Authority in amounts
greater than those set forth in the estimates provided by the
Authority pursuant to subsection (a) of this Section.
(2) The Board shall review the proposed budget and
two-year financial plan submitted by each Service Board. The
Board shall approve the budget and two-year financial plan of
a Service Board if:
(i) such budget and plan show a balance between (A)
anticipated revenues from all sources including operating
subsidies and (B) the costs of providing the services
specified and of funding any operating deficits or
encumbrances incurred in prior periods, including
provision for payment when due of principal and interest
on outstanding indebtedness;
(ii) such budget and plan show cash balances including
the proceeds of any anticipated cash flow borrowing
sufficient to pay with reasonable promptness all costs and
expenses as incurred;
(iii) such budget and plan provide for a level of
fares or charges and operating or administrative costs for
the public transportation provided by or subject to the

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jurisdiction of such Service Board sufficient to allow the
Service Board to meet its required system generated
revenue recovery ratio and, beginning with the 2007 fiscal
year, system generated ADA paratransit services revenue
recovery ratio;
(iv) such budget and plan are based upon and employ
assumptions and projections which are reasonable and
prudent;
(v) such budget and plan have been prepared in
accordance with sound financial practices as determined by
the Board;
(vi) such budget and plan meet such other financial,
budgetary, or fiscal requirements that the Board may by
rule or regulation establish; and
(vii) such budget and plan are consistent with the
goals and objectives adopted by the Authority in the
Strategic Plan.
(3) (Blank).
(4) Unless the Board by an affirmative vote of 12 of the
then Directors, prior to February 1, 2026, and by the
affirmative vote of at least 14 of the then Directors,
beginning February 1, 2026, determines that the budget and
financial plan of a Service Board meets the criteria specified
in clauses (i) through (vii) of subparagraph (2) of this
paragraph (b), the Board shall withhold from that Service
Board 25% of the cash proceeds of taxes imposed by the

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Authority under Section 4.03 and Section 4.03.1 and received
after February 1 and 25% of the amounts transferred to the
Authority from the Public Transportation Fund under Section
4.09(a) (but not including Section 4.09(a)(3)(iv)) after
February 1 that the Board has estimated to be available to that
Service Board under Section 4.11(a). Such funding shall be
released to the Service Board only upon approval of a budget
and financial plan under this Section or adoption of a budget
and financial plan on behalf of the Service Board by the
Authority.
(5) If the Board has not found that the budget and
financial plan of a Service Board meets the criteria specified
in clauses (i) through (vii) of subparagraph (2) of this
paragraph (b), the Board, by the affirmative vote of at least
12 of its then Directors, prior to February 1, 2026, and by the
affirmative vote of at least 14 of the then Directors,
beginning February 1, 2026, shall adopt a budget and financial
plan meeting such criteria for that Service Board.
(c)(1) If the Board shall at any time have received a
revised estimate, or revises any estimate the Board has made,
pursuant to this Section of the receipts to be collected by the
Authority which, in the judgment of the Board, requires a
change in the estimates on which the budget of any Service
Board is based, the Board shall advise the affected Service
Board of such revised estimates, and such Service Board shall
within 30 days after receipt of such advice submit a revised

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budget incorporating such revised estimates. If the revised
estimates require, in the judgment of the Board, that the
system generated revenues recovery ratio of one or more
Service Boards be revised in order to allow the Authority to
meet its required ratio, the Board shall advise any such
Service Board of its revised ratio and such Service Board
shall within 30 days after receipt of such advice submit a
revised budget incorporating such revised estimates or ratio.
(2) Each Service Board shall, within such period after the
end of each fiscal quarter as shall be specified by the Board,
report to the Authority its financial condition and results of
operations and the financial condition and results of
operations of the public transportation services subject to
its jurisdiction, as at the end of and for such quarter. If in
the judgment of the Board such condition and results are not
substantially in accordance with such Service Board's budget
for such period, the Board shall so advise such Service Board
and such Service Board shall within the period specified by
the Board submit a revised budget incorporating such results.
(3) If the Board shall determine that a revised budget
submitted by a Service Board pursuant to subparagraph (1) or
(2) of this paragraph (c) does not meet the criteria specified
in clauses (i) through (vii) of subparagraph (2) of paragraph
(b) of this Section, the Board shall withhold from that
Service Board 25% of the cash proceeds of taxes imposed by the
Authority under Section 4.03 or 4.03.1 and received by the

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Authority after February 1 and 25% of the amounts transferred
to the Authority from the Public Transportation Fund under
Section 4.09(a) (but not including Section 4.09(a)(3)(iv))
after February 1 that the Board has estimated to be available
to that Service Board under Section 4.11(a). If the Service
Board submits a revised financial plan and budget which plan
and budget shows that the criteria will be met within a four
quarter period, the Board shall release any such withheld
funds to the Service Board. The Board by the affirmative vote
of at least 12 of its then Directors, prior to February 1,
2026, and by the affirmative vote of at least 14 of its then
Directors, beginning February 1, 2026, may require a Service
Board to submit a revised financial plan and budget which
shows that the criteria will be met in a time period less than
4 four quarters.
(d) All budgets and financial plans, financial statements,
audits and other information presented to the Authority
pursuant to this Section or which may be required by the Board
to permit it to monitor compliance with the provisions of this
Section shall be prepared and presented in such manner and
frequency and in such detail as shall have been prescribed by
the Board, shall be prepared on both an accrual and cash flow
basis as specified by the Board, shall present such
information as the Authority shall prescribe that fairly
presents the condition of any pension plan or trust for health
care benefits with respect to retirees established by the

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Service Board and describes the plans of the Service Board to
meet the requirements of Sections 4.02a and 4.02b, and shall
identify and describe the assumptions and projections employed
in the preparation thereof to the extent required by the
Board. If the Executive Director certifies that a Service
Board has not presented its budget and two-year financial plan
in conformity with the rules adopted by the Authority under
the provisions of Section 4.01(f) and this subsection (d), and
such certification is accepted by the affirmative vote of at
least 12 of the then Directors of the Authority, prior to
February 1, 2026, and by the affirmative vote of at least 14 of
the then Directors of the Authority, beginning February 1,
2026, the Authority shall not distribute to that Service Board
any funds for operating purposes in excess of the amounts
distributed for such purposes to the Service Board in the
previous fiscal year. Except when the Board adopts a budget
and a financial plan for a Service Board under paragraph
(b)(5), a Service Board shall provide for such levels of
transportation services and fares or charges therefor as it
deems appropriate and necessary in the preparation of a budget
and financial plan meeting the criteria set forth in clauses
(i) through (vii) of subparagraph (2) of paragraph (b) of this
Section. The Authority shall have access to and the right to
examine and copy all books, documents, papers, records, or
other source data of a Service Board relevant to any
information submitted pursuant to this Section.

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(e) Whenever this Section requires the Board to make
determinations with respect to estimates, budgets or financial
plans, or rules or regulations with respect thereto such
determinations shall be made upon the affirmative vote of at
least 12 of the then Directors, prior to February 1, 2026, and
by the affirmative vote of at least 14 of the then Directors,
beginning February 1, 2026 and shall be incorporated in a
written report of the Board and such report shall be submitted
within 10 days after such determinations are made to the
Governor, the Mayor of Chicago (if such determinations relate
to the Chicago Transit Authority), and the Auditor General of
Illinois.
(Source: P.A. 97-399, eff. 8-16-11.)
(70 ILCS 3615/4.13) (from Ch. 111 2/3, par. 704.13)
Sec. 4.13. Annual Capital Improvement Plan.
(a) With respect to each calendar year, the Authority
shall prepare as part of its Five Year Program an Annual
Capital Improvement Plan (the "Plan") which shall describe its
intended development and implementation of the Strategic
Capital Improvement Program. The Plan shall include the
following information:
(i) a list of projects for which approval is sought
from the Governor, with a description of each project
stating at a minimum the project cost, its category, its
location and the entity responsible for its

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implementation;
(ii) a certification by the Authority that the
Authority and the Service Boards have applied for all
grants, loans and other moneys made available by the
federal government or the State of Illinois during the
preceding federal and State fiscal years for financing its
capital development activities;
(iii) a certification that, as of September 30 of the
preceding calendar year or any later date, the balance of
all federal capital grant funds and all other funds to be
used as matching funds therefor which were committed to or
possessed by the Authority or a Service Board but which
had not been obligated was less than $350,000,000, or a
greater amount as authorized in writing by the Governor
(for purposes of this subsection (a), "obligated" means
committed to be paid by the Authority or a Service Board
under a contract with a nongovernmental entity in
connection with the performance of a project or committed
under a force account plan approved by the federal
government);
(iv) a certification that the Authority has adopted a
balanced budget with respect to such calendar year under
Section 4.01 of this Act;
(v) a schedule of all bonds or notes previously issued
for Strategic Capital Improvement Projects and all debt
service payments to be made with respect to all such bonds

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and the estimated additional debt service payments through
June 30 of the following calendar year expected to result
from bonds to be sold prior thereto;
(vi) a long-range summary of the Strategic Capital
Improvement Program describing the projects to be funded
through the Program with respect to project cost,
category, location, and implementing entity, and
presenting a financial plan including an estimated time
schedule for obligating funds for the performance of
approved projects, issuing bonds, expending bond proceeds
and paying debt service throughout the duration of the
Program; and
(vii) the source of funding for each project in the
Plan. For any project for which full funding has not yet
been secured and which is not subject to a federal full
funding contract, the Authority must identify alternative,
dedicated funding sources available to complete the
project. The Governor may waive this requirement on a
project by project basis.
(b) The Authority shall submit the Plan with respect to
any calendar year to the Governor on or before January 15 of
that year, or as soon as possible thereafter; provided,
however, that the Plan shall be adopted on the affirmative
votes of 12 of the then Directors, prior to February 1, 2026,
and by the affirmative vote of at least 14 of the then
Directors, beginning February 1, 2026. The Plan may be revised

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or amended at any time, but any revision in the projects
approved shall require the Governor's approval.
(c) The Authority shall seek approval from the Governor
only through the Plan or an amendment thereto. The Authority
shall not request approval of the Plan from the Governor in any
calendar year in which it is unable to make the certifications
required under items (ii), (iii) and (iv) of subsection (a).
In no event shall the Authority seek approval of the Plan from
the Governor for projects in an aggregate amount exceeding the
proceeds of bonds or notes for Strategic Capital Improvement
Projects issued under Section 4.04 of this Act.
(d) The Governor may approve the Plan for which approval
is requested. The Governor's approval is limited to the amount
of the project cost stated in the Plan. The Governor shall not
approve the Plan in a calendar year if the Authority is unable
to make the certifications required under items (ii), (iii)
and (iv) of subsection (a). In no event shall the Governor
approve the Plan for projects in an aggregate amount exceeding
the proceeds of bonds or notes for Strategic Capital
Improvement Projects issued under Section 4.04 of this Act.
(e) With respect to capital improvements, only those
capital improvements which are in a Plan approved by the
Governor shall be financed with the proceeds of bonds or notes
issued for Strategic Capital Improvement Projects.
(f) Before the Authority or a Service Board obligates any
funds for a project for which the Authority or Service Board

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intends to use the proceeds of bonds or notes for Strategic
Capital Improvement Projects, but which project is not
included in an approved Plan, the Authority must notify the
Governor of the intended obligation. No project costs incurred
prior to approval of the Plan including that project may be
paid from the proceeds of bonds or notes for Strategic Capital
Improvement Projects issued under Section 4.04 of this Act.
(Source: P.A. 94-839, eff. 6-6-06; 95-708, eff. 1-18-08.)
(70 ILCS 3615/4.14) (from Ch. 111 2/3, par. 704.14)
Sec. 4.14. Rate Protection Contract. "Rate Protection
Contract" means interest rate price exchange agreements;
currency exchange agreements; forward payment conversion
agreements; contracts providing for payment or receipt of
funds based on levels of, or changes in, interest rates,
currency exchange rates, stock or other indices; contracts to
exchange cash flows or a series of payments; contracts,
including without limitation, interest rate caps; interest
rate floor; interest rate locks; interest rate collars; rate
of return guarantees or assurances, to manage payment,
currency, rate, spread or similar exposure; the obligation,
right, or option to issue, put, lend, sell, grant a security
interest in, buy, borrow or otherwise acquire, a bond, note or
other security or interest therein as an investment, as
collateral, as a hedge, or otherwise as a source or assurance
of payment to or by the Authority or as a reduction of the

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Authority's or an obligor's risk exposure; repurchase
agreements; securities lending agreements; and other
agreements or arrangements similar to the foregoing.
Notwithstanding any provision in Section 2.20 (a) (ii) of
this Act to the contrary, in connection with or incidental to
the issuance by the Authority of its bonds or notes under the
provisions of Section 4.04 or the exercise of its powers under
subsection (b) of Section 2.20, the Authority, for its own
benefit or for the benefit of the holders of its obligations or
their trustee, may enter into rate protection contracts. The
Authority may enter into rate protection contracts only
pursuant to a determination by a vote of 12 of the then
Directors, prior to February 1, 2026, and by the affirmative
vote of at least 14 of the then Directors, beginning February
1, 2026 that the terms of the contracts and any related
agreements reduce the risk of loss to the Authority, or
protect, preserve or enhance the value of its assets, or
provide compensation to the Authority for losses resulting
from changes in interest rates. The Authority's obligations
under any rate protection contract or credit enhancement or
liquidity agreement shall not be considered bonds or notes for
purposes of this Act. For purposes of this Section a rate
protection contract is a contract determined by the Authority
as necessary or appropriate to permit it to manage payment,
currency or interest rate risks or levels.
(Source: P.A. 95-708, eff. 1-18-08.)

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Section 997. Severability. The provisions of this Act are
severable, and if the application of any clause, sentence,
paragraph, subdivision, Section, or part of this Act to any
person or circumstance is adjudged by any court of competent
jurisdiction to be invalid, such judgment shall not
necessarily affect, impair, or invalidate the application of
any such clause, sentence, paragraph, subdivision, Section, or
part of this Act or remainder thereof, as the case may be, to
any other person or circumstance, but shall be confined in its
operation to the clause, sentence, paragraph, subdivision,
Section, or part thereof directly involved in the controversy
in which such judgment was rendered.
Section 999. Effective date. This Act takes effect January
1, 2026.".