Bill Text: IL SB2277 | 2019-2020 | 101st General Assembly | Introduced


Bill Title: Amends Regional Transportation Authority Act. Provides that Metra Electric District Line and Rock Island District Line fares for transportation wholly within the City of Chicago shall be equal to the fares set by the Chicago Transit Board for rail transportation. Provides that fares for Electric District Line and Rock Island District Line transportation that originates or concludes outside of the City of Chicago shall be set by the Commuter Rail Board and be based on the zone in which the transportation originates and concludes. Provides that the Commuter Rail Board shall accept the Ventra card for use on the Electric District and Rock Island District Lines and riders using the Ventra card shall pay through the Ventra application or at a station. Provides that the Commuter Rail Board shall adopt a policy to periodically check riders' tickets, including Ventra tickets, on the Electric District and Rock Island District Lines to determine whether a rider has paid for transportation at the station or on the Ventra application. Provides that lost revenue experienced by the Commuter Rail Board due to the implementation of any requirement relating to specified Electric District Line and Rock Island District Line fare provisions are not "costs" in the calculation of whether fares and charges received in each fiscal year equal at least 50% of the aggregate costs of providing public transportation. Effective immediately.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2019-11-14 - Added as Chief Co-Sponsor Sen. Pat McGuire [SB2277 Detail]

Download: Illinois-2019-SB2277-Introduced.html


101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB2277

Introduced 10/28/2019, by Sen. Bill Cunningham

SYNOPSIS AS INTRODUCED:
70 ILCS 3615/3B.09c new
70 ILCS 3615/4.01 from Ch. 111 2/3, par. 704.01
70 ILCS 3615/4.09 from Ch. 111 2/3, par. 704.09

Amends Regional Transportation Authority Act. Provides that Metra Electric District Line and Rock Island District Line fares for transportation wholly within the City of Chicago shall be equal to the fares set by the Chicago Transit Board for rail transportation. Provides that fares for Electric District Line and Rock Island District Line transportation that originates or concludes outside of the City of Chicago shall be set by the Commuter Rail Board and be based on the zone in which the transportation originates and concludes. Provides that the Commuter Rail Board shall accept the Ventra card for use on the Electric District and Rock Island District Lines and riders using the Ventra card shall pay through the Ventra application or at a station. Provides that the Commuter Rail Board shall adopt a policy to periodically check riders' tickets, including Ventra tickets, on the Electric District and Rock Island District Lines to determine whether a rider has paid for transportation at the station or on the Ventra application. Provides that lost revenue experienced by the Commuter Rail Board due to the implementation of any requirement relating to specified Eclectic District Line and Rock Island District Line fare provisions are not "costs" in the calculation of whether fares and charges received in each fiscal year equal at least 50% of the aggregate costs of providing public transportation. Effective immediately.
LRB101 14271 AWJ 63148 b
FISCAL NOTE ACT MAY APPLY

A BILL FOR

SB2277LRB101 14271 AWJ 63148 b
1 AN ACT concerning local government.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Regional Transportation Authority Act is
5amended by changing Sections 4.01 and 4.09 and by adding
6Section 3B.09c as follows:
7 (70 ILCS 3615/3B.09c new)
8 Sec. 3B.09c. Electric District Line and Rock Island
9District Line Ventra fares.
10 (a) Electric District Line and Rock Island District Line
11fares for transportation wholly within the City of Chicago
12shall be equal to the fares set by the Chicago Transit Board
13for rail transportation.
14 (b) Fares for Electric District Line and Rock Island
15District Line transportation that originates or concludes
16outside of the City of Chicago shall be set by the Commuter
17Rail Board and be based on the zone in which the transportation
18originates and concludes.
19 (c) The Commuter Rail Board shall accept the Ventra card
20for use on the Electric District and Rock Island District
21Lines. Riders using the Ventra card shall pay through the
22Ventra application or at a station. The Commuter Rail Board
23shall adopt a policy to periodically check riders' tickets,

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1including Ventra tickets, on the Electric District and Rock
2Island District Lines to determine whether a rider has paid for
3transportation at the station or on the Ventra application.
4 (70 ILCS 3615/4.01) (from Ch. 111 2/3, par. 704.01)
5 Sec. 4.01. Budget and Program.
6 (a) The Board shall control the finances of the Authority.
7It shall by ordinance adopted by the affirmative vote of at
8least 12 of its then Directors (i) appropriate money to perform
9the Authority's purposes and provide for payment of debts and
10expenses of the Authority, (ii) take action with respect to the
11budget and two-year financial plan of each Service Board, as
12provided in Section 4.11, and (iii) adopt an Annual Budget and
13Two-Year Financial Plan for the Authority that includes the
14annual budget and two-year financial plan of each Service Board
15that has been approved by the Authority. The Annual Budget and
16Two-Year Financial Plan shall contain a statement of the funds
17estimated to be on hand for the Authority and each Service
18Board at the beginning of the fiscal year, the funds estimated
19to be received from all sources for such year, the estimated
20expenses and obligations of the Authority and each Service
21Board for all purposes, including expenses for contributions to
22be made with respect to pension and other employee benefits,
23and the funds estimated to be on hand at the end of such year.
24The fiscal year of the Authority and each Service Board shall
25begin on January 1st and end on the succeeding December 31st.

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1By July 1st of each year the Director of the Illinois
2Governor's Office of Management and Budget (formerly Bureau of
3the Budget) shall submit to the Authority an estimate of
4revenues for the next fiscal year of the Authority to be
5collected from the taxes imposed by the Authority and the
6amounts to be available in the Public Transportation Fund and
7the Regional Transportation Authority Occupation and Use Tax
8Replacement Fund and the amounts otherwise to be appropriated
9by the State to the Authority for its purposes. The Authority
10shall file a copy of its Annual Budget and Two-Year Financial
11Plan with the General Assembly and the Governor after its
12adoption. Before the proposed Annual Budget and Two-Year
13Financial Plan is adopted, the Authority shall hold at least
14one public hearing thereon in the metropolitan region, and
15shall meet with the county board or its designee of each of the
16several counties in the metropolitan region. After conducting
17such hearings and holding such meetings and after making such
18changes in the proposed Annual Budget and Two-Year Financial
19Plan as the Board deems appropriate, the Board shall adopt its
20annual appropriation and Annual Budget and Two-Year Financial
21Plan ordinance. The ordinance may be adopted only upon the
22affirmative votes of 12 of its then Directors. The ordinance
23shall appropriate such sums of money as are deemed necessary to
24defray all necessary expenses and obligations of the Authority,
25specifying purposes and the objects or programs for which
26appropriations are made and the amount appropriated for each

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1object or program. Additional appropriations, transfers
2between items and other changes in such ordinance may be made
3from time to time by the Board upon the affirmative votes of 12
4of its then Directors.
5 (b) The Annual Budget and Two-Year Financial Plan shall
6show a balance between anticipated revenues from all sources
7and anticipated expenses including funding of operating
8deficits or the discharge of encumbrances incurred in prior
9periods and payment of principal and interest when due, and
10shall show cash balances sufficient to pay with reasonable
11promptness all obligations and expenses as incurred.
12 The Annual Budget and Two-Year Financial Plan must show:
13 (i) that the level of fares and charges for mass
14 transportation provided by, or under grant or purchase of
15 service contracts of, the Service Boards is sufficient to
16 cause the aggregate of all projected fare revenues from
17 such fares and charges received in each fiscal year to
18 equal at least 50% of the aggregate costs of providing such
19 public transportation in such fiscal year. "Fare revenues"
20 include the proceeds of all fares and charges for services
21 provided, contributions received in connection with public
22 transportation from units of local government other than
23 the Authority, except for contributions received by the
24 Chicago Transit Authority from a real estate transfer tax
25 imposed under subsection (i) of Section 8-3-19 of the
26 Illinois Municipal Code, and from the State pursuant to

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1 subsection (i) of Section 2705-305 of the Department of
2 Transportation Law (20 ILCS 2705/2705-305), and all other
3 operating revenues properly included consistent with
4 generally accepted accounting principles but do not
5 include: the proceeds of any borrowings, and, beginning
6 with the 2007 fiscal year, all revenues and receipts,
7 including but not limited to fares and grants received from
8 the federal, State or any unit of local government or other
9 entity, derived from providing ADA paratransit service
10 pursuant to Section 2.30 of the Regional Transportation
11 Authority Act. "Costs" include all items properly included
12 as operating costs consistent with generally accepted
13 accounting principles, including administrative costs, but
14 do not include: depreciation; payment of principal and
15 interest on bonds, notes or other evidences of obligation
16 for borrowed money issued by the Authority; payments with
17 respect to public transportation facilities made pursuant
18 to subsection (b) of Section 2.20 of this Act; any payments
19 with respect to rate protection contracts, credit
20 enhancements or liquidity agreements made under Section
21 4.14; any other cost to which it is reasonably expected
22 that a cash expenditure will not be made; costs for
23 passenger security including grants, contracts, personnel,
24 equipment and administrative expenses, except in the case
25 of the Chicago Transit Authority, in which case the term
26 does not include costs spent annually by that entity for

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1 protection against crime as required by Section 27a of the
2 Metropolitan Transit Authority Act; the payment by the
3 Chicago Transit Authority of Debt Service, as defined in
4 Section 12c of the Metropolitan Transit Authority Act, on
5 bonds or notes issued pursuant to that Section; the payment
6 by the Commuter Rail Division of debt service on bonds
7 issued pursuant to Section 3B.09; expenses incurred by the
8 Suburban Bus Division for the cost of new public
9 transportation services funded from grants pursuant to
10 Section 2.01e of this amendatory Act of the 95th General
11 Assembly for a period of 2 years from the date of
12 initiation of each such service; costs as exempted by the
13 Board for projects pursuant to Section 2.09 of this Act;
14 or, beginning with the 2007 fiscal year, expenses related
15 to providing ADA paratransit service pursuant to Section
16 2.30 of the Regional Transportation Authority Act; and in
17 fiscal years 2008 through 2012 inclusive, costs in the
18 amount of $200,000,000 in fiscal year 2008, reducing by
19 $40,000,000 in each fiscal year thereafter until this
20 exemption is eliminated; and any lost revenue experienced
21 by the Commuter Rail Board due to the implementation of any
22 requirement of Section 3B.09c; and
23 (ii) that the level of fares charged for ADA
24 paratransit services is sufficient to cause the aggregate
25 of all projected revenues from such fares charged and
26 received in each fiscal year to equal at least 10% of the

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1 aggregate costs of providing such ADA paratransit
2 services. For purposes of this Act, the percentages in this
3 subsection (b)(ii) shall be referred to as the "system
4 generated ADA paratransit services revenue recovery
5 ratio". For purposes of the system generated ADA
6 paratransit services revenue recovery ratio, "costs" shall
7 include all items properly included as operating costs
8 consistent with generally accepted accounting principles.
9 However, the Board may exclude from costs an amount that
10 does not exceed the allowable "capital costs of
11 contracting" for ADA paratransit services pursuant to the
12 Federal Transit Administration guidelines for the
13 Urbanized Area Formula Program.
14 (c) The actual administrative expenses of the Authority for
15the fiscal year commencing January 1, 1985 may not exceed
16$5,000,000. The actual administrative expenses of the
17Authority for the fiscal year commencing January 1, 1986, and
18for each fiscal year thereafter shall not exceed the maximum
19administrative expenses for the previous fiscal year plus 5%.
20"Administrative expenses" are defined for purposes of this
21Section as all expenses except: (1) capital expenses and
22purchases of the Authority on behalf of the Service Boards; (2)
23payments to Service Boards; and (3) payment of principal and
24interest on bonds, notes or other evidence of obligation for
25borrowed money issued by the Authority; (4) costs for passenger
26security including grants, contracts, personnel, equipment and

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1administrative expenses; (5) payments with respect to public
2transportation facilities made pursuant to subsection (b) of
3Section 2.20 of this Act; and (6) any payments with respect to
4rate protection contracts, credit enhancements or liquidity
5agreements made pursuant to Section 4.14.
6 (d) This subsection applies only until the Department
7begins administering and enforcing an increased tax under
8Section 4.03(m) as authorized by this amendatory Act of the
995th General Assembly. After withholding 15% of the proceeds of
10any tax imposed by the Authority and 15% of money received by
11the Authority from the Regional Transportation Authority
12Occupation and Use Tax Replacement Fund, the Board shall
13allocate the proceeds and money remaining to the Service Boards
14as follows: (1) an amount equal to 85% of the proceeds of those
15taxes collected within the City of Chicago and 85% of the money
16received by the Authority on account of transfers to the
17Regional Transportation Authority Occupation and Use Tax
18Replacement Fund from the County and Mass Transit District Fund
19attributable to retail sales within the City of Chicago shall
20be allocated to the Chicago Transit Authority; (2) an amount
21equal to 85% of the proceeds of those taxes collected within
22Cook County outside the City of Chicago and 85% of the money
23received by the Authority on account of transfers to the
24Regional Transportation Authority Occupation and Use Tax
25Replacement Fund from the County and Mass Transit District Fund
26attributable to retail sales within Cook County outside of the

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1city of Chicago shall be allocated 30% to the Chicago Transit
2Authority, 55% to the Commuter Rail Board and 15% to the
3Suburban Bus Board; and (3) an amount equal to 85% of the
4proceeds of the taxes collected within the Counties of DuPage,
5Kane, Lake, McHenry and Will shall be allocated 70% to the
6Commuter Rail Board and 30% to the Suburban Bus Board.
7 (e) This subsection applies only until the Department
8begins administering and enforcing an increased tax under
9Section 4.03(m) as authorized by this amendatory Act of the
1095th General Assembly. Moneys received by the Authority on
11account of transfers to the Regional Transportation Authority
12Occupation and Use Tax Replacement Fund from the State and
13Local Sales Tax Reform Fund shall be allocated among the
14Authority and the Service Boards as follows: 15% of such moneys
15shall be retained by the Authority and the remaining 85% shall
16be transferred to the Service Boards as soon as may be
17practicable after the Authority receives payment. Moneys which
18are distributable to the Service Boards pursuant to the
19preceding sentence shall be allocated among the Service Boards
20on the basis of each Service Board's distribution ratio. The
21term "distribution ratio" means, for purposes of this
22subsection (e) of this Section 4.01, the ratio of the total
23amount distributed to a Service Board pursuant to subsection
24(d) of Section 4.01 for the immediately preceding calendar year
25to the total amount distributed to all of the Service Boards
26pursuant to subsection (d) of Section 4.01 for the immediately

SB2277- 10 -LRB101 14271 AWJ 63148 b
1preceding calendar year.
2 (f) To carry out its duties and responsibilities under this
3Act, the Board shall employ staff which shall: (1) propose for
4adoption by the Board of the Authority rules for the Service
5Boards that establish (i) forms and schedules to be used and
6information required to be provided with respect to a five-year
7capital program, annual budgets, and two-year financial plans
8and regular reporting of actual results against adopted budgets
9and financial plans, (ii) financial practices to be followed in
10the budgeting and expenditure of public funds, (iii)
11assumptions and projections that must be followed in preparing
12and submitting its annual budget and two-year financial plan or
13a five-year capital program; (2) evaluate for the Board public
14transportation programs operated or proposed by the Service
15Boards and transportation agencies in terms of the goals and
16objectives set out in the Strategic Plan; (3) keep the Board
17and the public informed of the extent to which the Service
18Boards and transportation agencies are meeting the goals and
19objectives adopted by the Authority in the Strategic Plan; and
20(4) assess the efficiency or adequacy of public transportation
21services provided by a Service Board and make recommendations
22for change in that service to the end that the moneys available
23to the Authority may be expended in the most economical manner
24possible with the least possible duplication.
25 (g) All Service Boards, transportation agencies,
26comprehensive planning agencies, including the Chicago

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1Metropolitan Agency for Planning, or transportation planning
2agencies in the metropolitan region shall furnish to the
3Authority such information pertaining to public transportation
4or relevant for plans therefor as it may from time to time
5require. The Executive Director, or his or her designee, shall,
6for the purpose of securing any such information necessary or
7appropriate to carry out any of the powers and responsibilities
8of the Authority under this Act, have access to, and the right
9to examine, all books, documents, papers or records of a
10Service Board or any transportation agency receiving funds from
11the Authority or Service Board, and such Service Board or
12transportation agency shall comply with any request by the
13Executive Director, or his or her designee, within 30 days or
14an extended time provided by the Executive Director.
15 (h) No Service Board shall undertake any capital
16improvement which is not identified in the Five-Year Capital
17Program.
18 (i) Each Service Board shall furnish to the Board access to
19its financial information including, but not limited to, audits
20and reports. The Board shall have real-time access to the
21financial information of the Service Boards; however, the Board
22shall be granted read-only access to the Service Board's
23financial information.
24(Source: P.A. 98-1027, eff. 1-1-15.)
25 (70 ILCS 3615/4.09) (from Ch. 111 2/3, par. 704.09)

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1 Sec. 4.09. Public Transportation Fund and the Regional
2Transportation Authority Occupation and Use Tax Replacement
3Fund.
4 (a)(1) Except as otherwise provided in paragraph (4), as
5soon as possible after the first day of each month, beginning
6July 1, 1984, upon certification of the Department of Revenue,
7the Comptroller shall order transferred and the Treasurer shall
8transfer from the General Revenue Fund to a special fund in the
9State Treasury to be known as the Public Transportation Fund an
10amount equal to 25% of the net revenue, before the deduction of
11the serviceman and retailer discounts pursuant to Section 9 of
12the Service Occupation Tax Act and Section 3 of the Retailers'
13Occupation Tax Act, realized from any tax imposed by the
14Authority pursuant to Sections 4.03 and 4.03.1 and 25% of the
15amounts deposited into the Regional Transportation Authority
16tax fund created by Section 4.03 of this Act, from the County
17and Mass Transit District Fund as provided in Section 6z-20 of
18the State Finance Act and 25% of the amounts deposited into the
19Regional Transportation Authority Occupation and Use Tax
20Replacement Fund from the State and Local Sales Tax Reform Fund
21as provided in Section 6z-17 of the State Finance Act. On the
22first day of the month following the date that the Department
23receives revenues from increased taxes under Section 4.03(m) as
24authorized by Public Act 95-708, in lieu of the transfers
25authorized in the preceding sentence, upon certification of the
26Department of Revenue, the Comptroller shall order transferred

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1and the Treasurer shall transfer from the General Revenue Fund
2to the Public Transportation Fund an amount equal to 25% of the
3net revenue, before the deduction of the serviceman and
4retailer discounts pursuant to Section 9 of the Service
5Occupation Tax Act and Section 3 of the Retailers' Occupation
6Tax Act, realized from (i) 80% of the proceeds of any tax
7imposed by the Authority at a rate of 1.25% in Cook County,
8(ii) 75% of the proceeds of any tax imposed by the Authority at
9the rate of 1% in Cook County, and (iii) one-third of the
10proceeds of any tax imposed by the Authority at the rate of
110.75% in the Counties of DuPage, Kane, Lake, McHenry, and Will,
12all pursuant to Section 4.03, and 25% of the net revenue
13realized from any tax imposed by the Authority pursuant to
14Section 4.03.1, and 25% of the amounts deposited into the
15Regional Transportation Authority tax fund created by Section
164.03 of this Act from the County and Mass Transit District Fund
17as provided in Section 6z-20 of the State Finance Act, and 25%
18of the amounts deposited into the Regional Transportation
19Authority Occupation and Use Tax Replacement Fund from the
20State and Local Sales Tax Reform Fund as provided in Section
216z-17 of the State Finance Act. As used in this Section, net
22revenue realized for a month shall be the revenue collected by
23the State pursuant to Sections 4.03 and 4.03.1 during the
24previous month from within the metropolitan region, less the
25amount paid out during that same month as refunds to taxpayers
26for overpayment of liability in the metropolitan region under

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1Sections 4.03 and 4.03.1.
2 Notwithstanding any provision of law to the contrary,
3beginning on July 6, 2017 (the effective date of Public Act
4100-23), those amounts required under this paragraph (1) of
5subsection (a) to be transferred by the Treasurer into the
6Public Transportation Fund from the General Revenue Fund shall
7be directly deposited into the Public Transportation Fund as
8the revenues are realized from the taxes indicated.
9 (2) Except as otherwise provided in paragraph (4), on
10February 1, 2009 (the first day of the month following the
11effective date of Public Act 95-708) and each month thereafter,
12upon certification by the Department of Revenue, the
13Comptroller shall order transferred and the Treasurer shall
14transfer from the General Revenue Fund to the Public
15Transportation Fund an amount equal to 5% of the net revenue,
16before the deduction of the serviceman and retailer discounts
17pursuant to Section 9 of the Service Occupation Tax Act and
18Section 3 of the Retailers' Occupation Tax Act, realized from
19any tax imposed by the Authority pursuant to Sections 4.03 and
204.03.1 and certified by the Department of Revenue under Section
214.03(n) of this Act to be paid to the Authority and 5% of the
22amounts deposited into the Regional Transportation Authority
23tax fund created by Section 4.03 of this Act from the County
24and Mass Transit District Fund as provided in Section 6z-20 of
25the State Finance Act, and 5% of the amounts deposited into the
26Regional Transportation Authority Occupation and Use Tax

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1Replacement Fund from the State and Local Sales Tax Reform Fund
2as provided in Section 6z-17 of the State Finance Act, and 5%
3of the revenue realized by the Chicago Transit Authority as
4financial assistance from the City of Chicago from the proceeds
5of any tax imposed by the City of Chicago under Section 8-3-19
6of the Illinois Municipal Code.
7 Notwithstanding any provision of law to the contrary,
8beginning on July 6, 2017 (the effective date of Public Act
9100-23), those amounts required under this paragraph (2) of
10subsection (a) to be transferred by the Treasurer into the
11Public Transportation Fund from the General Revenue Fund shall
12be directly deposited into the Public Transportation Fund as
13the revenues are realized from the taxes indicated.
14 (3) Except as otherwise provided in paragraph (4), as soon
15as possible after the first day of January, 2009 and each month
16thereafter, upon certification of the Department of Revenue
17with respect to the taxes collected under Section 4.03, the
18Comptroller shall order transferred and the Treasurer shall
19transfer from the General Revenue Fund to the Public
20Transportation Fund an amount equal to 25% of the net revenue,
21before the deduction of the serviceman and retailer discounts
22pursuant to Section 9 of the Service Occupation Tax Act and
23Section 3 of the Retailers' Occupation Tax Act, realized from
24(i) 20% of the proceeds of any tax imposed by the Authority at
25a rate of 1.25% in Cook County, (ii) 25% of the proceeds of any
26tax imposed by the Authority at the rate of 1% in Cook County,

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1and (iii) one-third of the proceeds of any tax imposed by the
2Authority at the rate of 0.75% in the Counties of DuPage, Kane,
3Lake, McHenry, and Will, all pursuant to Section 4.03, and the
4Comptroller shall order transferred and the Treasurer shall
5transfer from the General Revenue Fund to the Public
6Transportation Fund (iv) an amount equal to 25% of the revenue
7realized by the Chicago Transit Authority as financial
8assistance from the City of Chicago from the proceeds of any
9tax imposed by the City of Chicago under Section 8-3-19 of the
10Illinois Municipal Code.
11 Notwithstanding any provision of law to the contrary,
12beginning on July 6, 2017 (the effective date of Public Act
13100-23), those amounts required under this paragraph (3) of
14subsection (a) to be transferred by the Treasurer into the
15Public Transportation Fund from the General Revenue Fund shall
16be directly deposited into the Public Transportation Fund as
17the revenues are realized from the taxes indicated.
18 (4) Notwithstanding any provision of law to the contrary,
19of the transfers to be made under paragraphs (1), (2), and (3)
20of this subsection (a) from the General Revenue Fund to the
21Public Transportation Fund, the first $150,000,000 that would
22have otherwise been transferred from the General Revenue Fund
23shall be transferred from the Road Fund. The remaining balance
24of such transfers shall be made from the General Revenue Fund.
25 (5) (Blank).
26 (6) (Blank).

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1 (7) For State fiscal year 2020 only, notwithstanding any
2provision of law to the contrary, the total amount of revenue
3and deposits under this Section attributable to revenues
4realized during State fiscal year 2020 shall be reduced by 5%.
5 (b)(1) All moneys deposited in the Public Transportation
6Fund and the Regional Transportation Authority Occupation and
7Use Tax Replacement Fund, whether deposited pursuant to this
8Section or otherwise, are allocated to the Authority, except
9for amounts appropriated to the Office of the Executive
10Inspector General as authorized by subsection (h) of Section
114.03.3 and amounts transferred to the Audit Expense Fund
12pursuant to Section 6z-27 of the State Finance Act. The
13Comptroller, as soon as possible after each monthly transfer
14provided in this Section and after each deposit into the Public
15Transportation Fund, shall order the Treasurer to pay to the
16Authority out of the Public Transportation Fund the amount so
17transferred or deposited. Any Additional State Assistance and
18Additional Financial Assistance paid to the Authority under
19this Section shall be expended by the Authority for its
20purposes as provided in this Act. The balance of the amounts
21paid to the Authority from the Public Transportation Fund shall
22be expended by the Authority as provided in Section 4.03.3. The
23Comptroller, as soon as possible after each deposit into the
24Regional Transportation Authority Occupation and Use Tax
25Replacement Fund provided in this Section and Section 6z-17 of
26the State Finance Act, shall order the Treasurer to pay to the

SB2277- 18 -LRB101 14271 AWJ 63148 b
1Authority out of the Regional Transportation Authority
2Occupation and Use Tax Replacement Fund the amount so
3deposited. Such amounts paid to the Authority may be expended
4by it for its purposes as provided in this Act. The provisions
5directing the distributions from the Public Transportation
6Fund and the Regional Transportation Authority Occupation and
7Use Tax Replacement Fund provided for in this Section shall
8constitute an irrevocable and continuing appropriation of all
9amounts as provided herein. The State Treasurer and State
10Comptroller are hereby authorized and directed to make
11distributions as provided in this Section. (2) Provided,
12however, no moneys deposited under subsection (a) of this
13Section shall be paid from the Public Transportation Fund to
14the Authority or its assignee for any fiscal year until the
15Authority has certified to the Governor, the Comptroller, and
16the Mayor of the City of Chicago that it has adopted for that
17fiscal year an Annual Budget and Two-Year Financial Plan
18meeting the requirements in Section 4.01(b).
19 (c) In recognition of the efforts of the Authority to
20enhance the mass transportation facilities under its control,
21the State shall provide financial assistance ("Additional
22State Assistance") in excess of the amounts transferred to the
23Authority from the General Revenue Fund under subsection (a) of
24this Section. Additional State Assistance shall be calculated
25as provided in subsection (d), but shall in no event exceed the
26following specified amounts with respect to the following State

SB2277- 19 -LRB101 14271 AWJ 63148 b
1fiscal years:
2 1990$5,000,000;
3 1991$5,000,000;
4 1992$10,000,000;
5 1993$10,000,000;
6 1994$20,000,000;
7 1995$30,000,000;
8 1996$40,000,000;
9 1997$50,000,000;
10 1998$55,000,000; and
11 each year thereafter$55,000,000.
12 (c-5) The State shall provide financial assistance
13("Additional Financial Assistance") in addition to the
14Additional State Assistance provided by subsection (c) and the
15amounts transferred to the Authority from the General Revenue
16Fund under subsection (a) of this Section. Additional Financial
17Assistance provided by this subsection shall be calculated as
18provided in subsection (d), but shall in no event exceed the
19following specified amounts with respect to the following State
20fiscal years:
21 2000$0;
22 2001$16,000,000;
23 2002$35,000,000;
24 2003$54,000,000;
25 2004$73,000,000;
26 2005$93,000,000; and

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1 each year thereafter$100,000,000.
2 (d) Beginning with State fiscal year 1990 and continuing
3for each State fiscal year thereafter, the Authority shall
4annually certify to the State Comptroller and State Treasurer,
5separately with respect to each of subdivisions (g)(2) and
6(g)(3) of Section 4.04 of this Act, the following amounts:
7 (1) The amount necessary and required, during the State
8 fiscal year with respect to which the certification is
9 made, to pay its obligations for debt service on all
10 outstanding bonds or notes issued by the Authority under
11 subdivisions (g)(2) and (g)(3) of Section 4.04 of this Act.
12 (2) An estimate of the amount necessary and required to
13 pay its obligations for debt service for any bonds or notes
14 which the Authority anticipates it will issue under
15 subdivisions (g)(2) and (g)(3) of Section 4.04 during that
16 State fiscal year.
17 (3) Its debt service savings during the preceding State
18 fiscal year from refunding or advance refunding of bonds or
19 notes issued under subdivisions (g)(2) and (g)(3) of
20 Section 4.04.
21 (4) The amount of interest, if any, earned by the
22 Authority during the previous State fiscal year on the
23 proceeds of bonds or notes issued pursuant to subdivisions
24 (g)(2) and (g)(3) of Section 4.04, other than refunding or
25 advance refunding bonds or notes.
26 The certification shall include a specific schedule of debt

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1service payments, including the date and amount of each payment
2for all outstanding bonds or notes and an estimated schedule of
3anticipated debt service for all bonds and notes it intends to
4issue, if any, during that State fiscal year, including the
5estimated date and estimated amount of each payment.
6 Immediately upon the issuance of bonds for which an
7estimated schedule of debt service payments was prepared, the
8Authority shall file an amended certification with respect to
9item (2) above, to specify the actual schedule of debt service
10payments, including the date and amount of each payment, for
11the remainder of the State fiscal year.
12 On the first day of each month of the State fiscal year in
13which there are bonds outstanding with respect to which the
14certification is made, the State Comptroller shall order
15transferred and the State Treasurer shall transfer from the
16Road Fund to the Public Transportation Fund the Additional
17State Assistance and Additional Financial Assistance in an
18amount equal to the aggregate of (i) one-twelfth of the sum of
19the amounts certified under items (1) and (3) above less the
20amount certified under item (4) above, plus (ii) the amount
21required to pay debt service on bonds and notes issued during
22the fiscal year, if any, divided by the number of months
23remaining in the fiscal year after the date of issuance, or
24some smaller portion as may be necessary under subsection (c)
25or (c-5) of this Section for the relevant State fiscal year,
26plus (iii) any cumulative deficiencies in transfers for prior

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1months, until an amount equal to the sum of the amounts
2certified under items (1) and (3) above, plus the actual debt
3service certified under item (2) above, less the amount
4certified under item (4) above, has been transferred; except
5that these transfers are subject to the following limits:
6 (A) In no event shall the total transfers in any State
7 fiscal year relating to outstanding bonds and notes issued
8 by the Authority under subdivision (g)(2) of Section 4.04
9 exceed the lesser of the annual maximum amount specified in
10 subsection (c) or the sum of the amounts certified under
11 items (1) and (3) above, plus the actual debt service
12 certified under item (2) above, less the amount certified
13 under item (4) above, with respect to those bonds and
14 notes.
15 (B) In no event shall the total transfers in any State
16 fiscal year relating to outstanding bonds and notes issued
17 by the Authority under subdivision (g)(3) of Section 4.04
18 exceed the lesser of the annual maximum amount specified in
19 subsection (c-5) or the sum of the amounts certified under
20 items (1) and (3) above, plus the actual debt service
21 certified under item (2) above, less the amount certified
22 under item (4) above, with respect to those bonds and
23 notes.
24 The term "outstanding" does not include bonds or notes for
25which refunding or advance refunding bonds or notes have been
26issued.

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1 (e) Neither Additional State Assistance nor Additional
2Financial Assistance may be pledged, either directly or
3indirectly as general revenues of the Authority, as security
4for any bonds issued by the Authority. The Authority may not
5assign its right to receive Additional State Assistance or
6Additional Financial Assistance, or direct payment of
7Additional State Assistance or Additional Financial
8Assistance, to a trustee or any other entity for the payment of
9debt service on its bonds.
10 (f) The certification required under subsection (d) with
11respect to outstanding bonds and notes of the Authority shall
12be filed as early as practicable before the beginning of the
13State fiscal year to which it relates. The certification shall
14be revised as may be necessary to accurately state the debt
15service requirements of the Authority.
16 (g) Within 6 months of the end of each fiscal year, the
17Authority shall determine:
18 (i) whether the aggregate of all system generated
19 revenues for public transportation in the metropolitan
20 region which is provided by, or under grant or purchase of
21 service contracts with, the Service Boards equals 50% of
22 the aggregate of all costs of providing such public
23 transportation. "System generated revenues" include all
24 the proceeds of fares and charges for services provided,
25 contributions received in connection with public
26 transportation from units of local government other than

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1 the Authority, except for contributions received by the
2 Chicago Transit Authority from a real estate transfer tax
3 imposed under subsection (i) of Section 8-3-19 of the
4 Illinois Municipal Code, and from the State pursuant to
5 subsection (i) of Section 2705-305 of the Department of
6 Transportation Law, and all other revenues properly
7 included consistent with generally accepted accounting
8 principles but may not include: the proceeds from any
9 borrowing, and, beginning with the 2007 fiscal year, all
10 revenues and receipts, including but not limited to fares
11 and grants received from the federal, State or any unit of
12 local government or other entity, derived from providing
13 ADA paratransit service pursuant to Section 2.30 of the
14 Regional Transportation Authority Act. "Costs" include all
15 items properly included as operating costs consistent with
16 generally accepted accounting principles, including
17 administrative costs, but do not include: depreciation;
18 payment of principal and interest on bonds, notes or other
19 evidences of obligations for borrowed money of the
20 Authority; payments with respect to public transportation
21 facilities made pursuant to subsection (b) of Section 2.20;
22 any payments with respect to rate protection contracts,
23 credit enhancements or liquidity agreements made under
24 Section 4.14; any other cost as to which it is reasonably
25 expected that a cash expenditure will not be made; costs
26 for passenger security including grants, contracts,

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1 personnel, equipment and administrative expenses, except
2 in the case of the Chicago Transit Authority, in which case
3 the term does not include costs spent annually by that
4 entity for protection against crime as required by Section
5 27a of the Metropolitan Transit Authority Act; the costs of
6 Debt Service paid by the Chicago Transit Authority, as
7 defined in Section 12c of the Metropolitan Transit
8 Authority Act, or bonds or notes issued pursuant to that
9 Section; the payment by the Commuter Rail Division of debt
10 service on bonds issued pursuant to Section 3B.09; expenses
11 incurred by the Suburban Bus Division for the cost of new
12 public transportation services funded from grants pursuant
13 to Section 2.01e of this Act for a period of 2 years from
14 the date of initiation of each such service; costs as
15 exempted by the Board for projects pursuant to Section 2.09
16 of this Act; or, beginning with the 2007 fiscal year,
17 expenses related to providing ADA paratransit service
18 pursuant to Section 2.30 of the Regional Transportation
19 Authority Act; or in fiscal years 2008 through 2012
20 inclusive, costs in the amount of $200,000,000 in fiscal
21 year 2008, reducing by $40,000,000 in each fiscal year
22 thereafter until this exemption is eliminated; and any lost
23 revenue experienced by the Commuter Rail Board due to the
24 implementation of any requirement of Section 3B.09c. If
25 said system generated revenues are less than 50% of said
26 costs, the Board shall remit an amount equal to the amount

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1 of the deficit to the State. The Treasurer shall deposit
2 any such payment in the Road Fund; and
3 (ii) whether, beginning with the 2007 fiscal year, the
4 aggregate of all fares charged and received for ADA
5 paratransit services equals the system generated ADA
6 paratransit services revenue recovery ratio percentage of
7 the aggregate of all costs of providing such ADA
8 paratransit services.
9 (h) If the Authority makes any payment to the State under
10paragraph (g), the Authority shall reduce the amount provided
11to a Service Board from funds transferred under paragraph (a)
12in proportion to the amount by which that Service Board failed
13to meet its required system generated revenues recovery ratio.
14A Service Board which is affected by a reduction in funds under
15this paragraph shall submit to the Authority concurrently with
16its next due quarterly report a revised budget incorporating
17the reduction in funds. The revised budget must meet the
18criteria specified in clauses (i) through (vi) of Section
194.11(b)(2). The Board shall review and act on the revised
20budget as provided in Section 4.11(b)(3).
21(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18;
22101-10, eff. 6-5-19.)
23 Section 99. Effective date. This Act takes effect upon
24becoming law.
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