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| Public Act 103-0281
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| HB1342 Enrolled | LRB103 24929 AWJ 51263 b |
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Metropolitan Transit Authority Act is |
amended by changing Sections 31 and 51 as follows:
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(70 ILCS 3605/31) (from Ch. 111 2/3, par. 331)
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Sec. 31.
The Board shall have power to pass all 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 Authority, with such fines or
penalties, including |
ordinances, rules, and regulations concerning the suspension |
of riding privileges or confiscation of fare media under |
Section 2.40 of the Regional Transportation Authority Act, as |
may be deemed proper. No fine or penalty shall exceed
$300.00, |
and no imprisonment shall exceed six (6) months for one
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offense. All fines and penalties shall be imposed by |
ordinances, which
shall be published in a newspaper of
general |
circulation published in
the metropolitan area. No such |
ordinance shall take effect until ten
days after its |
publication.
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(Source: P.A. 80-937.)
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(70 ILCS 3605/51) |
Sec. 51. Free and reduced fare services; eligibility. |
(a) Notwithstanding any law to the contrary, no later than |
60 days following the effective date of this amendatory Act of |
the 95th General Assembly and until subsection (b) is |
implemented, any fixed route public transportation services |
provided by, or under grant or purchase of service contracts |
of, the Board shall be provided without charge to all senior |
citizens of the Metropolitan Region (as such term is defined |
in 70 ILCS 3615/1.03) aged 65 and older, under such conditions |
as shall be prescribed by the Board.
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(b) Notwithstanding any law to the contrary, no later than |
180 days following the effective date of this amendatory Act |
of the 96th General Assembly, any fixed route public |
transportation services provided by, or under grant or |
purchase of service contracts of, the Board shall be provided |
without charge to senior citizens aged 65 and older who meet |
the income eligibility limitation set forth in subsection |
(a-5) of Section 4 of the Senior Citizens and Persons with |
Disabilities Property Tax Relief Act, under such conditions as |
shall be prescribed by the Board. The Department on Aging |
shall furnish all information reasonably necessary to |
determine eligibility, including updated lists of individuals |
who are eligible for services without charge under this |
Section. Nothing in this Section shall relieve the Board from |
providing reduced fares as may be required by federal law. |
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(c) The Board shall partner with the City of Chicago to |
provide transportation at reduced fares for participants in |
programs that offer employment and internship opportunities to |
youth and young adults ages 14 through 24. |
(Source: P.A. 99-143, eff. 7-27-15.)
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Section 10. The Local Mass Transit District Act is amended |
by changing Section 5 and adding Section 5.6 as follows:
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(70 ILCS 3610/5) (from Ch. 111 2/3, par. 355)
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Sec. 5.
(a) The Board of Trustees of every District may |
establish or
acquire any or all manner of mass transit |
facility. The Board may engage
in the business of |
transportation of passengers on scheduled routes and
by |
contract on nonscheduled routes within the territorial limits |
of the
counties or municipalities creating the District, by |
whatever means it
may decide. Its routes may be extended |
beyond such territorial limits
with the consent of the |
governing bodies of the municipalities or
counties into which |
such operation is extended.
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(b) The Board of Trustees of every District may for the |
purposes of
the District, acquire by gift, purchase, lease, |
legacy, condemnation, or
otherwise and hold, use, improve, |
maintain, operate, own, manage or
lease, as lessor or lessee, |
such cars, buses, equipment, buildings,
structures, real and |
personal property, and interests therein, and services,
lands |
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for
terminal and other related facilities, improvements and |
services, or
any interest therein, including all or
any part |
of the plant, land, buildings, equipment, vehicles, licenses,
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franchises,
patents, property, service contracts and |
agreements of every kind and
nature.
Real property may be so |
acquired if it is situated within or partially
within the area |
served by the District or if it is outside the area
if it is |
desirable or necessary for the purposes of the District.
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(c) The Board of Trustees of every District which |
establishes, provides,
or
acquires mass transit facilities or |
services may contract with any person
or
corporation or public |
or private entity for the operation or provision
thereof upon |
such terms and conditions as
the District shall determine.
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(d) The Board of Trustees of every District shall have the |
authority
to contract for any and all purposes of the |
District, including with an
interstate
transportation |
authority, or with another local
Mass Transit District or any |
other municipal, public, or private
corporation
entity in
the |
transportation business including the authority to contract to |
lease
its or otherwise provide land, buildings, and equipment, |
and other
related facilities, improvements, and services, for |
the carriage of
passengers beyond the territorial
limits of |
the District or to subsidize transit operations by a public or
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private
or municipal corporation operating entity providing |
mass transit
facilities.
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(e) The Board of Trustees of every District shall have the |
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authority
to establish, alter and discontinue transportation |
routes and services and
any or all
ancillary or supporting |
facilities and services, and to establish and amend
rate
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schedules for the transportation of persons thereon or for the |
public or
private use thereof which rate schedules shall, |
together with any
grants, receipts or income from other |
sources, be sufficient to pay the
expenses of the District, |
the repair, maintenance and the safe and
adequate operation of |
its mass transit facilities and public mass
transportation
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system and to fulfill the terms of its debts, undertakings, |
and
obligations.
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(f) The Board of Trustees of every District shall have |
perpetual
succession and shall have the following powers in |
addition to any others
in this Act granted:
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(1) to sue and be sued;
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(2) to adopt and use a seal;
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(3) to make and execute contracts loans, leases, |
subleases, installment
purchase agreements, contracts, |
notes and other instruments evidencing
financial |
obligations, and other instruments necessary or
convenient |
in the exercise of its powers;
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(4) to make, amend and repeal bylaws, rules and |
regulations not
inconsistent with this Act, including |
rules and regulations proper or necessary to regulate the |
use, operation, and maintenance of its properties and |
facilities and to carry into effect the powers granted to |
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the Board of Trustees, with any necessary fines or |
penalties, such as the suspension of riding privileges or |
confiscation of fare media under Section 5.6, as the Board |
deems proper;
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(5) to sell, lease, sublease, license, transfer, |
convey or
otherwise dispose of any of its real or personal |
property, or
interests
therein, in whole or in part, at |
any time upon such terms and conditions as
it may |
determine,
with public bidding if the value exceeds $1,000 |
at negotiated, competitive,
public, or private sale;
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(6) to invest funds, not required for immediate |
disbursement, in
property, agreements, or securities legal |
for investment of public
funds
controlled by
savings banks |
under applicable law;
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(7) to mortgage, pledge, hypothecate or otherwise |
encumber all or
any part of its real or personal property |
or other assets, or
interests therein;
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(8) to apply for, accept and use grants, loans or |
other financial
assistance from any private entity or |
municipal, county, State or Federal
governmental
agency or |
other public entity;
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(9) to borrow money from the United States Government |
or any agency
thereof, or from any other public or private |
source, for the purposes of
the District and,
as evidence |
thereof, to issue its revenue bonds, payable solely from |
the
revenue derived from the operation of the District. |
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These bonds may be
issued with maturities not exceeding 40 |
years from the date of the
bonds, and in such amounts as |
may be necessary to provide sufficient
funds, together |
with interest, for the purposes of the District. These
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bonds shall bear interest at a rate of not more than the |
maximum rate
authorized by the Bond Authorization Act, as |
amended at the time of the
making of the contract of sale, |
payable semi-annually, may be made
registerable as to
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principal, and may be made payable and callable as |
provided on any
interest payment date at a price of
par and |
accrued interest under such terms and conditions as may be |
fixed by the
ordinance authorizing the issuance of the |
bonds. Bonds issued under this
Section are negotiable |
instruments. They shall be executed by the chairman and
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members of the Board of Trustees, attested by the |
secretary, and shall be
sealed with the corporate seal of
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the District. In case any Trustee or officer whose |
signature appears on the
bonds or
coupons ceases to hold |
that office before the bonds are delivered, such
officer's
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signature, shall nevertheless be valid and sufficient for |
all purposes, the
same as though such officer had remained |
in office until the bonds
were delivered. The
bonds shall |
be sold in such manner and upon such terms as the Board of |
Trustees
shall determine, except that the selling price |
shall be such that the interest
cost to the District of the |
proceeds of the bonds shall not exceed the maximum
rate |
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authorized by the Bond Authorization Act, as amended at |
the time of the
making of the contract of sale, payable |
semi-annually, computed to maturity
according
to the |
standard table of bond values.
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The ordinance shall fix the amount of revenue bonds |
proposed to be
issued, the maturity or maturities, the |
interest rate, which shall not
exceed the maximum rate |
authorized by the Bond Authorization Act, as amended
at |
the time of the making of the contract of sale, and all the |
details in
connection
with the bonds. The ordinance may |
contain such covenants and restrictions upon
the issuance |
of additional revenue bonds thereafter, which will share |
equally
in the revenue of the District, as may be deemed |
necessary or advisable for
the
assurance of the payment of |
the bonds first issued. Any District may also
provide in |
the ordinance authorizing the issuance of bonds under this |
Section
that the bonds, or such ones thereof as may be |
specified, shall, to the extent
and in the manner |
prescribed, be subordinated and be junior in standing, |
with
respect to the payment of principal and interest and |
the security thereof, to
such other bonds as are |
designated in the ordinance.
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The ordinance shall pledge the revenue derived from |
the operations of
the District for the purpose of paying |
the cost of operation and
maintenance of the District, |
and, as applicable, providing adequate
depreciation funds,
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and paying the principal of and interest on the bonds of |
the District
issued under this Section;
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(10) subject to Section 5.1, to levy a tax on property |
within the
District at the rate of not to exceed .25% on |
the assessed value of such
property in the manner provided |
in the Illinois Municipal Budget Law;
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(11) to issue tax anticipation warrants;
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(12) to contract with any school district in this |
State to provide
for the transportation of pupils to and |
from school within such district
pursuant to the |
provisions of Section 29-15 of the School Code;
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(13) to provide for the insurance of any property, |
directors,
officers, employees or operations of the |
District against any risk or
hazard, and to self-insure or |
participate in joint self-insurance pools or
entities to |
insure against such risk or hazard;
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(14) to use its established funds, personnel, and |
other resources to
acquire, construct, operate, and |
maintain bikeways and trails. Districts
may cooperate with |
other governmental and private agencies in bikeway and
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trail programs; and
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(15) to acquire, own, maintain, construct, |
reconstruct, improve, repair,
operate or lease any |
light-rail public transportation system, terminal,
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terminal facility, public airport, or bridge or toll |
bridge across waters with
any city, state, or both.
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With respect to instruments for the payment of money |
issued under this
Section either before, on, or after June 6, |
1989 (the effective date of Public Act 86-4), it is and always |
has been the intention of the General
Assembly (i) that the |
Omnibus Bond Acts are and always have been
supplementary |
grants of power to issue instruments in accordance with the
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Omnibus Bond Acts, regardless of any provision of this Act |
that may appear
to be or to have been more restrictive than |
those Acts, (ii) that the
provisions of this Section are not a |
limitation on the supplementary
authority granted by the |
Omnibus Bond Acts, and (iii) that instruments
issued under |
this Section within the supplementary authority granted
by the |
Omnibus Bond Acts are not invalid because of any provision of
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this Act that may appear to be or to have been more restrictive |
than
those Acts.
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This Section shall be liberally construed to give effect |
to its purposes.
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(Source: P.A. 99-642, eff. 7-28-16.)
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(70 ILCS 3610/5.6 new) |
Sec. 5.6. Suspension of riding privileges and confiscation |
of fare media. |
(a) As used in this Section, "demographic information" |
includes, but is not limited to, age, race, ethnicity, gender, |
and housing status, as that term is defined under Section 10 of |
the Bill of Rights for the Homeless Act. |
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(b) Suspension of riding privileges and confiscation of |
fare media are limited to: |
(1) violations where the person's conduct places |
transit employees or transit passengers in reasonable |
apprehension of a threat to their safety or the safety of |
others, including assault and battery, as
those terms are |
defined under Sections 12-1 and 12-3 of the Criminal Code |
of 2012; |
(2) violations where the person's conduct places |
transit employees or transit passengers in reasonable |
apprehension of a threat of a criminal sexual assault, as |
that term is defined under Section 11-1.20 of the Criminal |
Code of 2012; and |
(3) violations involving an act of public indecency, |
as that term is defined in Section 11-30 of the Criminal |
Code of 2012. |
(c) Written notice shall be provided to an individual |
regarding the suspension of the individual's riding privileges |
or confiscation of fare media.
The notice shall be provided in |
person at the time of the alleged violation, except that, if |
providing notice in person at the time of the alleged |
violation is not practicable, then the Authority shall make a |
reasonable effort to provide notice to the individual by |
either personal service, by mailing a copy of the notice by |
certified mail, return receipt requested, and first-class mail |
to the person's current address, or by emailing a copy of the |
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notice to an email address on file, if available. If the person |
is known to be detained in jail, service shall be made as |
provided under Section 2-203.2 of the Code of Civil Procedure. |
The written notice shall be sufficient to inform the |
individual about the following: |
(1) the nature of the suspension of riding privileges |
or confiscation of fare media; |
(2) the person's rights and available remedies to |
contest or appeal the suspension of riding privileges or |
confiscation of fare media and to apply for reinstatement |
of riding privileges; and |
(3) the procedures for adjudicating whether a |
suspension or confiscation is warranted and for applying |
for reinstatement of riding privileges, including the time |
and location of any hearing. |
The process to determine whether a suspension or riding |
privileges or confiscation of fare media is warranted and the |
length of the suspension shall be concluded within 30 business |
days after the individual receives notice of the suspension or |
confiscation. |
Notwithstanding any other provision of this Section, no |
person shall be denied the ability to contest or appeal a |
suspension of riding privileges or confiscation of fare media, |
or to attend a hearing to determine whether a
suspension or |
confiscation was warranted, because the person was detained in |
a jail. |
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(d) Each Board shall create an administrative suspension |
hearing process as follows: |
(1) A Board shall designate an official to oversee the |
administrative process to decide whether a suspension is |
warranted and the length of the suspension. |
(2) The accused and related parties, including legal |
counsel, may attend this hearing in person, by telephone, |
or virtually. |
(3) The Board shall present the suspension-related |
evidence and outline the evidence that supports the need |
for the suspension. |
(4) The accused or the accused's legal counsel can |
present and may make an oral or written presentation and |
offer documents, including affidavits, in response to the |
Board's evidence. |
(5) The Board's designated official shall make a |
finding on the suspension. |
(6) The value of unexpended credit or unexpired passes |
shall be reimbursed upon suspension of riding privileges |
or confiscation of fare media. |
(7) The alleged victims of the violation and related |
parties, including witnesses who were present, may attend |
this hearing in person, by telephone, or virtually. |
(8) The alleged victims of the violation and related |
parties, including witnesses who were present, can present |
and may make an oral or written presentation and offer |
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documents, including affidavits, in response to the |
Board's evidence. |
(e) Each Board shall create a process to appeal and |
reinstate ridership privileges. This information shall be |
provided
to the suspended rider at the time of the Board's |
findings.
A suspended rider is entitled to 2 appeals after the |
Board's finding to suspend the person's ridership.
A suspended |
rider may petition the Board to reinstate the person's |
ridership privileges one calendar year after the Board's |
suspension finding if the length of the suspension is more |
than one year. |
(f) Each Board shall collect, report, and make publicly |
available in a quarterly timeframe the number and demographic |
information of people subject to suspension of riding |
privileges or confiscation of fare media, the conduct leading |
to the suspension or confiscation, as well as the location and |
description of the location where the conduct occurred, such |
as identifying the transit station or transit line, date, and |
time of day, a citation to the statutory authority for which |
the accused person was arrested or charged, the amount, if |
any, on the fare media, and the length of the suspension.
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Section 15. The Regional Transportation Authority Act is |
amended by changing Sections 3A.09, 4.01, and 4.09 and by |
adding Sections 2.10a, 2.40, 2.41, 2.42, 3.12, and 3B.09c as |
follows:
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(70 ILCS 3615/2.10a new) |
Sec. 2.10a. Zero-emission buses. |
(a) As used in this Section: |
"Zero-emission bus" means a bus that is: |
(1) designed to carry more than 10 passengers and is |
used to carry passengers for compensation. |
(2) a zero-emission vehicle; and |
(3) not a taxi. |
"Zero-emission vehicle" means a fuel cell or electric |
vehicle that: |
(1) is a motor vehicle; |
(2) is made by a commercial manufacturer; |
(3) is manufactured primarily for use on public |
streets, roads, and highways; |
(4) has a maximum speed capability of at least 55 |
miles per hour; |
(5) is powered entirely by electricity or powered by |
combining hydrogen and oxygen, which runs the motor; |
(6) has an operating range of at least 100 miles; and |
(7) produces only water vapor and heat as byproducts. |
(b) On or after July 1, 2026, a Service Board may not enter |
into a new contract to purchase a bus that is not a |
zero-emission bus for the purpose of the Service Board's |
transit bus fleet. |
(c) For the purposes of determining compliance with this |
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Section, a Service Board shall not be deemed to be in violation |
of this Section when failure to comply is due to: |
(1) the unavailability of zero-emission buses from a |
manufacturer or funding to purchase zero-emission buses; |
(2) the lack of necessary charging, fueling, or |
storage facilities or funding to procure charging, |
fueling, or storage facilities; or |
(3) the inability of a third party to enter into a |
contractual or commercial relationship with a Service |
Board that is necessary to carry out the purposes of this |
Section.
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(70 ILCS 3615/2.40 new) |
Sec. 2.40. Suspension of riding privileges and |
confiscation of fare media. |
(a) As used in this Section, "demographic information" |
includes, but is not limited to, age, race, ethnicity, gender, |
and housing status, as that term is defined under Section 10 of |
the Bill of Rights for the Homeless Act. |
(b) Suspension of riding privileges and confiscation of |
fare media are limited to: |
(1) violations where the person's conduct places |
transit employees or transit passengers in reasonable |
apprehension of a threat to their safety or the safety of |
others, including assault and battery, as
those terms are |
defined under Sections 12-1 and 12-3 of the Criminal Code |
|
of 2012; |
(2) violations where the person's conduct places |
transit employees or transit passengers in reasonable |
apprehension of a threat of a criminal sexual assault, as |
that term is defined under Section 11-1.20 of the Criminal |
Code of 2012; and |
(3) violations involving an act of public indecency, |
as that term is defined in Section 11-30 of the Criminal |
Code of 2012. |
(c) Written notice shall be provided to an individual |
regarding the suspension of the individual's riding privileges |
or confiscation of fare media.
The notice shall be provided in |
person at the time of the alleged violation, except that, if |
providing notice in person at the time of the alleged |
violation is not practicable, then the Authority shall make a |
reasonable effort to provide notice to the individual by |
personal service, by mailing a copy of the notice by certified |
mail, return receipt requested, and first-class mail to the |
person's current address, or by emailing a copy of the notice |
to an email address on file, if available. If the person is |
known to be detained in jail, service shall be made as provided |
under Section 2-203.2 of the Code of Civil Procedure. The |
written notice shall be sufficient to inform the individual |
about the following: |
(1) the nature of the suspension of riding privileges |
or confiscation of fare media; |
|
(2) the person's rights and available remedies to |
contest or appeal the suspension of riding privileges or |
confiscation of fare media and to apply for reinstatement |
of riding privileges; and |
(3) the procedures for adjudicating whether a |
suspension or confiscation is warranted and for applying |
for reinstatement of riding privileges, including the time |
and location of any hearing. |
The process to determine whether a suspension or riding |
privileges or confiscation of fare media is warranted and the |
length of the suspension shall be concluded within 30 business |
days after the individual receives notice of the suspension or |
confiscation. |
Notwithstanding any other provision of this Section, no |
person shall be denied the ability to contest or appeal a |
suspension of riding privileges or confiscation of fare media, |
or to attend a hearing to determine whether a
suspension or |
confiscation was warranted, because the person was detained in |
a jail. |
(d) Each Service Board shall create an administrative |
suspension hearing process as follows: |
(1) A Service Board shall designate an official to |
oversee the administrative process to decide whether a |
suspension is warranted and the length of the suspension. |
(2) The accused and related parties, including legal |
counsel, may attend this hearing in person, by telephone, |
|
or virtually. |
(3) The Service Board shall present the |
suspension-related evidence and outline the evidence that |
supports the need for the suspension. |
(4) The accused or the accused's legal counsel can |
present and may make an oral or written presentation and |
offer documents, including affidavits, in response to the |
Service Board's evidence. |
(5) The Service Board's designated official shall make |
a finding on the suspension. |
(6) The value of unexpended credit or unexpired passes |
shall be reimbursed upon suspension of riding privileges |
or confiscation of fare media. |
(7) The alleged victims of the violation and related |
parties, including witnesses who were present, may attend |
this hearing in person, by telephone, or virtually. |
(8) The alleged victims of the violation and related |
parties, including witnesses who were present, can present |
and may make an oral or written presentation and offer |
documents, including affidavits, in response to the |
Service Board's evidence. |
(e) Each Service Board shall create a process to appeal |
and reinstate ridership privileges. This information shall be |
provided
to the suspended rider at the time of the Service |
Board's findings.
A suspended rider is entitled to 2 appeals |
after the Service Board's finding to suspend the person's |
|
ridership.
A suspended rider may petition the Service Board to |
reinstate the person's ridership privileges one calendar year |
after the Service Board's suspension finding if the length of |
the suspension is more than one year. |
(f) Each Service Board shall collect, report, and make |
publicly available in a quarterly timeframe the number and |
demographic information of people subject to suspension of |
riding privileges or confiscation of fare media, the conduct |
leading to the suspension or confiscation, as well as the |
location and description of the location where the conduct |
occurred, such as identifying the transit station or transit |
line, date, and time of day, a citation to the statutory |
authority for which the accused person was arrested or |
charged, the amount, if any, on the fare media, and the length |
of the suspension.
|
(70 ILCS 3615/2.41 new) |
Sec. 2.41. Domestic Violence and Sexual Assault Regional |
Transit Authority Public Transportation Assistance Program. |
(a) No later than 90 days after the effective date of this |
amendatory Act of the 103rd General Assembly, the Authority |
shall create the Domestic Violence and Sexual Assault Regional |
Transit Authority Public Transportation Assistance Program to |
serve residents of the Authority. |
Through this Program, the Authority shall issue monetarily |
preloaded mass transit cards to The Network: Advocating |
|
Against Domestic Violence for survivor and victim use of |
public transportation through Chicago Transit Authority, the |
Suburban Bus Division, and the Commuter Rail Division. |
The Authority shall coordinate with The Network: |
Advocating Against Domestic Violence to issue no less than |
25,000 monetarily preloaded mass transit cards with a value of |
$20 per card for distribution to domestic violence and sexual |
assault service providers throughout the Authority's |
jurisdiction, including the counties of Cook, Kane, DuPage, |
Will, Lake, and McHenry. |
The mass transit card shall be plastic or laminated and |
wallet-sized, contain no information that would reference |
domestic violence or sexual assault services, and have no |
expiration date. The cards shall also be available |
electronically and shall be distributed to domestic violence |
and sexual assault direct service providers to distribute to |
survivors. |
The total number of mass transit cards shall be |
distributed to domestic violence and sexual assault service |
providers throughout the Authority's region based on the |
average number of clients served in 2021 and 2022 in |
comparison to the total number of mass transit cards granted |
by the Authority. |
(b) The creation of the Program shall include an |
appointment of a domestic violence or sexual assault program |
service provider or a representative of the service provider's |
|
choosing to the Authority's Citizen Advisory Board. |
The Network: Advocating Against Domestic Violence shall |
provide an annual report of the program, including a list of |
service providers receiving the mass transit cards, the total |
number of cards received by each service provider, and an |
estimated number of survivors and victims of domestic violence |
and sexual assault participating in the program. The report |
shall also include survivor testimonies of the program and |
shall include program provided recommendations on improving |
implementation of the Program. The report shall be provided to |
the Regional Transit Authority one calendar year after the |
creation of the Program. |
In partnership with The Network: Advocating Against |
Domestic Violence, the Authority shall report this information |
to the Board and the Citizen Advisory Board and compile an |
annual report of the Program to the General Assembly and to |
domestic violence and sexual assault service providers in the |
service providers' jurisdiction and include recommendations |
for improving implementation of the Program.
|
(70 ILCS 3615/2.42 new) |
Sec. 2.42. Youth and young adults internships and |
employment. By January 1, 2024, the Suburban Bus Board and the |
Commuter Rail Board shall create or partner with a youth jobs |
program to provide internship or employment opportunities to |
youth and young adults.
|
|
(70 ILCS 3615/3.12 new) |
Sec. 3.12. Reduced or free transit fare study. |
(a) By July 1, 2024, the Authority shall conduct a study |
and submit a report to the Governor and General Assembly |
regarding free and reduced fares and the development of a more |
equitable fare structure for the regional transit system. The |
study shall include: |
(1) The impact and feasibility of providing year-round |
reduced or free transit fares, including, but not limited |
to, veterans, returning residents, students and youths, |
people experiencing low-incomes, and other riders who are |
not currently receiving free or reduced fares. |
(2) A review of all reduced fare programs administered |
by the Authority and the service boards, which includes |
information on accounting of the total cost of the |
program, costs to increase the program, current sources of |
funding for the program, and recommendations to increase |
enrollment in current reduced fare and free-ride programs |
and any other recommendations for improvements to the |
programs. |
(3) Analysis of how reduced and free ride programs and |
changes in eligibility and funding for these programs |
would affect the regional transit operating budget. |
(b) In this Section, "returning resident" means any United |
States resident who is 17 years of age or older and has been in |
|
and left the physical custody of the Department of Corrections |
within the last 36 months. |
|
(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 |
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; and
|
(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 |
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; 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 |
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 |
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. 99-665, eff. 7-29-16.)
|
(70 ILCS 3615/3B.09c new) |
Sec. 3B.09c. Regulation of the use, operation, and |
maintenance of property. The Chief of Police of the Metra |
Police Department may make rules and regulations proper or |
necessary to regulate the use, operation, and maintenance of |
the property and facilities of the Commuter Rail Board and to |
carry into effect the powers granted to the Chief by the |
Commuter Rail Board, with any necessary fines or penalties, |
such as the suspension of riding privileges or confiscation of |
fare media under Section 2.40, that the Chief deems proper.
|
(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 (i) appropriate money to |
perform the
Authority's purposes and provide for payment of |
debts and 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 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. 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.
|
(b) The Annual Budget and Two-Year Financial Plan
shall |
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, and 2023, |
2024, and 2025 may be less than 50% of the aggregate costs |
of providing such public transportation in those fiscal |
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; |
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; |
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 |
(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, and 2023, 2024, and 2025 may be less than |
10% of the aggregate costs of providing such ADA |
paratransit services in those fiscal 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 |
providing free and reduced fares shall be withheld. |
(b-5) For fiscal years 2024 and 2025, 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, |
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 |
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 |
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 |
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 |
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.)
|
(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 |
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% |
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.
|
(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 |
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 |
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, |
of the transfers to be made under paragraphs (1), (2), and (3) |
of this subsection (a) from the General Revenue Fund to the |
Public Transportation Fund, the first $150,000,000 that would |
have otherwise been transferred from the General Revenue Fund |
shall be transferred from the Road Fund. The remaining balance |
of such transfers shall be made from the General Revenue Fund. |
(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 |
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 |
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; |
|
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 |
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 |
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 |
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 |
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. "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 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 |
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. 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, and 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.
|
|
(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) |
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. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20; |
102-678, eff. 12-10-21.)
|
Section 90. The State Mandates Act is amended by adding |
Section 8.47 as follows:
|
(30 ILCS 805/8.47 new) |
Sec. 8.47. Exempt mandate. Notwithstanding Sections 6 and |
8 of this Act, no reimbursement by the State is required for |
the implementation of the mandate created by Section 2.10a of |
the Regional Transportation Authority Act in this amendatory |
Act of the 103rd General Assembly.
|
Section 99. Effective date. This Section and Sections 2.41 |
and 2.42 of the Regional Transportation Authority Act take |
