Bill Text: IL SB3936 | 2023-2024 | 103rd General Assembly | Introduced


Bill Title: Creates the Metropolitan Mobility Authority Act, and establishes the Metropolitan Mobility Authority. Provides that the Chicago Transit Authority, the Commuter Rail Division and the Suburban Bus Division of the Regional Transportation Authority, and the Regional Transportation Authority are consolidated into the Metropolitan Mobility Authority and the Service Boards are abolished, instead creating the Suburban Bus Operating Division, Commuter Rail Operating Division, and the Chicago Transit Operating Division. Reinserts, reorganizes, and changes some provisions from the Metropolitan Transit Authority Act and the Regional Transportation Authority Act into the new Act and repeals those Acts. Includes provisions about the operation of the Metropolitan Mobility Authority. Creates the Equitable Transit-Supportive Development Act. Establishes the Office of Transit-Oriented Development. Provides that the Office and the Fund are to aid transit-supportive development near high-quality transit by providing specified funding to municipalities that have adopted the standards in the transit support overlay district for that area or that have adopted zoning and other changes that the Office determines have benefits greater than or equal to such a District, including transit support overlay districts. Includes provisions relating to Office standards, procedures, and reports. Creates the Zero-Emission Vehicle Act. Provides that all on-road vehicles purchased or leased by a governmental unit on or after January 1, 2028 must be a manufactured zero-emission vehicle, repowered zero-emission vehicle, manufactured near zero-emission vehicle, or repowered near zero-emission vehicle. Provides that on and after January 1, 2033, all on-road vehicles purchased or leased by a governmental unit must be a manufactured zero-emission vehicle or repowered zero-emission vehicle. Provides that, by January 1, 2048, all on-road vehicles operated by a governmental unit must be a manufactured or repowered zero-emission vehicle. Sets forth provisions implementing the Act, including requiring the Department of Central Management Services to adopt certain rules. Amends various Acts, Laws, and Codes to make conforming changes for the new Acts and to make other changes. Provides that some provisions are effective immediately.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced) 2024-05-22 - Added as Co-Sponsor Sen. Laura Fine [SB3936 Detail]

Download: Illinois-2023-SB3936-Introduced.html

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3936

Introduced 5/1/2024, by Sen. Ram Villivalam

SYNOPSIS AS INTRODUCED:
See Index

Creates the Metropolitan Mobility Authority Act, and establishes the Metropolitan Mobility Authority. Provides that the Chicago Transit Authority, the Commuter Rail Division and the Suburban Bus Division of the Regional Transportation Authority, and the Regional Transportation Authority are consolidated into the Metropolitan Mobility Authority and the Service Boards are abolished, instead creating the Suburban Bus Operating Division, Commuter Rail Operating Division, and the Chicago Transit Operating Division. Reinserts, reorganizes, and changes some provisions from the Metropolitan Transit Authority Act and the Regional Transportation Authority Act into the new Act and repeals those Acts. Includes provisions about the operation of the Metropolitan Mobility Authority. Creates the Equitable Transit-Supportive Development Act. Establishes the Office of Transit-Oriented Development. Provides that the Office and the Fund are to aid transit-supportive development near high-quality transit by providing specified funding to municipalities that have adopted the standards in the transit support overlay district for that area or that have adopted zoning and other changes that the Office determines have benefits greater than or equal to such a District, including transit support overlay districts. Includes provisions relating to Office standards, procedures, and reports. Creates the Zero-Emission Vehicle Act. Provides that all on-road vehicles purchased or leased by a governmental unit on or after January 1, 2028 must be a manufactured zero-emission vehicle, repowered zero-emission vehicle, manufactured near zero-emission vehicle, or repowered near zero-emission vehicle. Provides that on and after January 1, 2033, all on-road vehicles purchased or leased by a governmental unit must be a manufactured zero-emission vehicle or repowered zero-emission vehicle. Provides that, by January 1, 2048, all on-road vehicles operated by a governmental unit must be a manufactured or repowered zero-emission vehicle. Sets forth provisions implementing the Act, including requiring the Department of Central Management Services to adopt certain rules. Amends various Acts, Laws, and Codes to make conforming changes for the new Acts and to make other changes. Provides that some provisions are effective immediately.
LRB103 40367 AWJ 72644 b

A BILL FOR

SB3936LRB103 40367 AWJ 72644 b
1 AN ACT concerning transportation.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4
Article I. METROPOLITAN MOBILITY AUTHORITY
5 Section 1.01. Short title; references to Act.
6 (a) Short title. Articles I through VI of this Act may be
7cited as the Metropolitan Mobility Authority Act. References
8to "this Act" in Articles I through VI of this Act mean
9Articles I through VI of this Act.
10 (b) References to Act. This Act, including both the new
11and amendatory provisions, may be referred to as Clean and
12Equitable Transportation Act.
13 Section 1.02. Legislative findings and purpose.
14 (a) The General Assembly finds:
15 (1) Section 7 of Article XIII of the Illinois
16 Constitution provides that public transportation is an
17 essential public purpose for which public funds may be
18 expended, and it also authorizes the State to provide
19 financial assistance to units of local government for
20 distribution to providers of public transportation.
21 (2) There is an urgent need to reform and continue a
22 unit of local government to ensure the proper management

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1 and operation of public transportation, to receive and
2 distribute State or federal operating assistance, and to
3 raise and distribute revenues for local operating
4 assistance. System generated revenues are not adequate for
5 such service and a public need exists to provide for, aid,
6 and assist public transportation in the metropolitan
7 region, consisting of Cook, DuPage, Kane, Lake, McHenry,
8 and Will counties.
9 (3) Comprehensive and coordinated regional public
10 transportation is essential to public health, safety, and
11 welfare. It is essential to ensuring economic well-being,
12 addressing the climate crisis, providing affordable
13 transportation options for residents at all income levels,
14 conserving sources of energy and land for open space,
15 reducing traffic congestion, and providing for and
16 maintaining a healthful environment for the benefit of
17 present and future generations in the metropolitan region.
18 Public transportation decreases air pollution and other
19 environmental hazards as well as the tragic loss of life
20 from crashes and allows for more efficient land use and
21 planning.
22 (4) Public transportation advances equity and equal
23 opportunity by improving the mobility of the public and
24 providing more people with greater access to jobs,
25 commercial businesses, schools, medical facilities, and
26 cultural attractions.

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1 (5) Public transportation in the metropolitan region
2 is being threatened by grave financial conditions. With
3 existing methods of financing, coordination, structure,
4 and management, the public transportation system is not
5 providing adequate service to ensure the public health,
6 safety, and welfare.
7 (6) The COVID-19 pandemic caused unprecedented
8 disruption in public transportation ridership and
9 operations from which the service providers have yet to
10 fully recover and the pandemic-related federal funding
11 support for public transportation operations has expired.
12 Although ridership levels continue to improve from the
13 lowest levels observed during the pandemic, net ridership
14 levels have not recovered to pre-pandemic levels.
15 Furthermore, the system experienced persistent losses in
16 ridership, service quality, and financial stability for
17 many years before the pandemic. These systemic issues,
18 combined with the changes in passenger behaviors,
19 experiences, and commuting patterns experienced since the
20 pandemic, create conditions untenable to a sustainable and
21 thriving public transportation system.
22 (7) Additional commitments to the public
23 transportation needs of persons with disabilities, the
24 economically disadvantaged, and the elderly are necessary.
25 (8) To solve these problems, it is necessary to
26 provide for the creation of a regional transportation

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1 authority with the powers necessary to ensure adequate
2 public transportation and a board of directors that has
3 the diverse experience, expertise, and background to
4 effectively oversee the public transportation system.
5 (9) A substantial or total loss of public
6 transportation services or any segment of public
7 transportation services would create an emergency
8 threatening the safety and well-being of the people in the
9 metropolitan region.
10 (10) To meet the urgent needs of the people of the
11 metropolitan region, avoid a transportation emergency, and
12 provide financially sound methods of managing the
13 provision of public transportation services in the
14 metropolitan region, it is necessary to create one truly
15 integrated regional transit system instead of 3 separate
16 transit systems by combining the existing Service Boards
17 and Regional Transportation Authority into one agency.
18 (11) The economic vitality of Illinois requires
19 regionwide and systemwide efforts to increase ridership on
20 the transit systems, improve roadway operations within the
21 metropolitan region, and allocate resources for
22 transportation so as to assist in the development of an
23 adequate, efficient, equitable, and coordinated regional
24 public transportation system that is in a state of good
25 repair.
26 (b) It is the purpose of this Act to provide for, aid, and

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1assist public transportation in the metropolitan region
2without impairing the overall quality of existing public
3transportation by providing for the creation of a single
4authority responsive to the people and elected officials of
5the area and with the power and competence to operate the
6regional transportation system, develop, implement, and
7enforce plans that promote adequate, efficient, equitable, and
8coordinated public transportation, provide responsible
9financial stewardship of the public transportation system in
10the metropolitan region, and facilitate the delivery of public
11transportation that is attractive and safe to passengers and
12employees, comprehensive and coordinated among its various
13elements, economic and efficient, and coordinated among local,
14regional, and State programs, plans, and projects.
15 Section 1.03. Definitions. As used in this Act:
16 "Authority" means the Metropolitan Mobility Authority, the
17successor to the Regional Transportation Authority and the
18Chicago Transit Authority.
19 "Board" means the Board of Directors of the Metropolitan
20Mobility Authority.
21 "Consolidated entities" means the Chicago Transit
22Authority, the Commuter Rail Division and the Suburban Bus
23Division of the Regional Transportation Authority, the
24Regional Transportation Authority, and all of their
25subsidiaries and affiliates.

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1 "Construct or acquire" means to plan, design, construct,
2reconstruct, improve, modify, extend, landscape, expand, or
3acquire.
4 "Fare capping" means the action of no longer charging a
5rider for any additional fares for the duration of a daily,
6weekly, monthly, or 30-day pass once the rider has purchased
7enough regular one-way fares to reach the cost of the
8applicable pass.
9 "Metropolitan region" means all territory included within
10the territory of the Authority as provided in this Act, and
11such territory as may be annexed to the Authority.
12 "Municipality", "county", and "unit of local government"
13have the meanings given to those terms in Section 1 of Article
14VII of the Illinois Constitution.
15 "Operate" means operate, maintain, administer, repair,
16promote, and any other acts necessary or proper with regard to
17such matters.
18 "Operating Division" means the Suburban Bus, Commuter
19Rail, and Chicago Transit Operating Divisions and any public
20transportation operating division formed by the Authority
21after the effective date of this Act.
22 "Public transportation" means the transportation or
23conveyance of persons within the metropolitan region by means
24available to the general public, including groups of the
25general public with special needs. "Public transportation"
26does not include transportation by automobiles not used for

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1conveyance of the general public as passengers.
2 "Public transportation facility" means the equipment or
3property, real or personal, or rights therein, useful or
4necessary for providing, maintaining or administering public
5transportation within the metropolitan region or otherwise
6useful for carrying out or meeting the purposes or powers of
7the Authority. Except as otherwise provided by this Act,
8"public transportation facility" does not include a road,
9street, highway, bridge, toll highway, or toll bridge for
10general public use.
11 "Regional rail" means a commuter rail service pattern that
12emphasizes more frequent off-peak service, simplified
13schedules, and non-downtown trips. "Regional rail" may include
14other elements, such as running trains through downtown
15stations.
16 "Service Boards" means the boards of the Commuter Rail
17Division, the Suburban Bus Division, and the Chicago Transit
18Authority of the former Regional Transportation Authority.
19 "Service Standards" means quantitative and qualitative
20attributes of public transit service as well as its
21appropriate level of service to be provided across the
22metropolitan region.
23 "Transportation agency" means any individual, firm,
24partnership, corporation, association, body politic, municipal
25corporation, public authority, unit of local government, or
26other person, other than the Authority and the Operating

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1Divisions, that provides public transportation in the
2metropolitan region.
3
Article II. CREATION AND ORGANIZATION
4 Section 2.01. Establishment of the Authority. The
5Metropolitan Mobility Authority is established upon the
6effective date of this Act. The Authority is a unit of local
7government, body politic, political subdivision, and municipal
8corporation.
9 Section 2.02. Territory and annexation.
10 (a) The initial territory of the Authority is Cook,
11DuPage, Kane, Lake, McHenry, and Will counties. Any other
12county or portion thereof in Illinois contiguous to the
13metropolitan region may be annexed to the Authority on such
14conditions as the Authority shall by ordinance prescribe, by
15ordinance adopted by the county board of such county, and by
16approval by the Authority. Upon such annexation, a certificate
17of such action shall be filed by the Secretary of the Authority
18with the county clerk of the county so annexing to the
19Authority and with the Secretary of State and the Department
20of Revenue.
21 (b) No area may be annexed to the Authority except upon the
22approval of a majority of the electors of such area voting on
23the proposition so to annex, which proposition may be

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1presented at any regular election as provided by the county
2board or boards of the county or counties in which the area in
3question is located. Such county board or boards shall cause
4certification of such proposition to be given in accordance
5with the general election law to the proper election officers,
6who shall submit the proposition at an election in accordance
7with the general election law.
8 Section 2.03. Extraterritorial authority. To provide or
9assist any transportation of members of the general public
10between points in the metropolitan region and points outside
11the metropolitan region, whether in this State, Wisconsin, or
12Indiana, the Authority may enter into agreements with any unit
13of local government, individual, corporation, or other person
14or public agency in or of any such state or any private entity
15for such service. Such agreements may provide for
16participation by the Authority in providing such service and
17for grants by the Authority in connection with any such
18service, and may, subject to federal and State law, set forth
19any terms relating to such service, including coordinating
20such service with public transportation in the metropolitan
21region. Such agreement may be for such number of years or
22duration as the parties may agree. In regard to any such
23agreements or grants, the Authority shall consider the benefit
24to the metropolitan region and the financial contribution with
25regard to such service made or to be made from public funds in

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1such areas served outside the metropolitan region.
2 Section 2.04. Board of Directors.
3 (a) The corporate authorities and governing body of the
4Authority shall be a Board consisting of voting Directors and
5nonvoting Directors appointed as follows:
6 (1) 3 Directors appointed by the Governor with the
7 advice and consent of the Senate;
8 (2) 5 Directors appointed by the Mayor of the City of
9 Chicago with the advice and consent of the City Council of
10 the City of Chicago, one of whom shall be the Commissioner
11 of the Mayor's Office for People with Disabilities;
12 (3) 5 Directors appointed by the President of the Cook
13 County Board of Commissioners with the advice and consent
14 of the members of the Cook County Board of Commissioners;
15 (4) one Director appointed by each of the chairs of
16 the county boards of DuPage, Kane, Lake, McHenry, and Will
17 counties with the advice and consent of their respective
18 county boards; and
19 (5) the following nonvoting Directors:
20 (A) the Secretary of Transportation or the
21 Secretary's designee;
22 (B) the Chair of the Board of Directors of the
23 Illinois State Toll Highway Authority or the Chair's
24 designee;
25 (C) a representative of organized labor, appointed

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1 by the Governor;
2 (D) a representative from the business community
3 in the metropolitan region, appointed by the voting
4 members of the Board;
5 (E) a representative from the disability
6 community, appointed by the voting members of the
7 Board after consulting with at least 3 organizations
8 in the disability community in the metropolitan region
9 selected by the Board; and
10 (F) the Chair of the Citizens Advisory Board
11 established by Section 2.12.
12 (b) All Directors shall be residents of the metropolitan
13region except for those Directors appointed pursuant to
14paragraph (1) of subsection (a) and subparagraphs (A) and (B)
15of paragraph (5) of subsection (a), who shall be residents of
16the State of Illinois.
17 (c) Nonvoting Directors shall have the same rights to
18access Board-related materials and to participate in Board
19meetings as Directors with voting rights.
20 (d) Nonvoting Directors shall be subject to the same
21conflict of interest restrictions applicable to other
22Directors, are subject to all ethics requirements applicable
23to the other Directors, and must comply with the public
24transportation system usage and meeting attendance
25requirements of Sections 5.02 and 5.03.

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1 Section 2.05. Director qualifications.
2 (a) Except as otherwise provided by this Act, a Director
3may not, while serving as a Director, be an officer, a member
4of the board of directors, a trustee, or an employee of a
5transportation agency or be an employee of the State of
6Illinois or any department or agency of the State.
7 (b) Each appointment made under this Section shall be
8certified by the appointing authority to the Board, which
9shall maintain the certifications as part of the official
10records of the Authority.
11 (c) Directors shall have diverse and substantial relevant
12experience and expertise for overseeing the planning,
13operation, and funding of a regional public transportation
14system, including, but not limited to, backgrounds in urban
15and regional planning, management of large capital projects,
16labor relations, business management, public administration,
17transportation, and community organizations.
18 Section 2.06. Director decision-making. Directors must
19make decisions on behalf of the Authority based on the
20Director's assessment of how best to build an integrated,
21equitable, and efficient regional public transit system for
22the metropolitan region as a whole.
23 Section 2.07. Board Chair and other officers.
24 (a) The Chair of the Board shall be appointed by the other

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1Directors for a term of 5 years. The Chair shall not be
2appointed from among the other Directors. The Chair shall be a
3resident of the metropolitan region. The Chair may be replaced
4at any time by the Directors.
5 (b) The Chair shall preside at Board meetings and shall be
6entitled to vote on all matters.
7 (c) The Board shall select a Secretary and a Treasurer and
8may select persons to fill such other offices of the Board and
9to perform such duties as it shall from time to time determine.
10The Secretary, Treasurer, and other officers of the Board may
11be, but need not be, members of the Board.
12 (d) The Chair of the Board shall serve as the Acting Chief
13Executive Officer of the Authority until the appointment of
14the initial Chief Executive Officer. While the Chair is
15serving as the Acting Chief Executive Officer of the
16Authority, the Chair shall be entitled to annual compensation
17at least equal to the compensation paid to the most highly
18compensated Chief Executive Officer of a Service Board as of
19the effective date of this Act, subject to appropriate
20adjustments made by the Board. When the Chair is no longer
21serving as the Acting Chief Executive Officer of the
22Authority, the Chair shall be compensated at the same rate as
23the other Directors of the Board.
24 Section 2.08. Terms and vacancies.
25 (a) Each Director shall hold office for a term of 5 years

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1and until the Director's successor has been appointed and has
2qualified. A vacancy shall occur upon resignation, death,
3conviction of a felony, or removal from office of a Director. A
4Director may be removed from office (i) upon concurrence of a
5majority of the Directors, on a formal finding of
6incompetence, neglect of duty, or malfeasance in office or
7(ii) by the Governor in response to a summary report received
8from the Governor's Executive Inspector General in accordance
9with Section 20-50 of the State Officials and Employees Ethics
10Act if the Director has had an opportunity to be publicly heard
11in person or by counsel prior to removal. As soon as feasible
12after the office of a Director becomes vacant for any reason,
13the appointing authority of the Director shall make an
14appointment to fill the vacancy pursuant to Section 2.04. A
15vacancy shall be filled for the unexpired term.
16 (b) The terms of the initial set of Directors selected to
17the Board pursuant to this Act shall be as follows:
18 (1) Directors appointed by the Mayor of the City of
19 Chicago and the Governor shall serve an initial term of 3
20 years and their successors shall serve five-year terms
21 until the Director's successor has been appointed and
22 qualified.
23 (2) Directors appointed by the President of the Cook
24 County Board of Commissioners and the board chairs of
25 Will, Kane, DuPage, McHenry, and Lake counties shall serve
26 an initial term of 5 years and their successors shall

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1 serve 5-year terms until the Director's successor has been
2 appointed and qualified.
3 Section 2.09. Compensation. Each Director, including the
4Chair of the Authority, shall be compensated at the rate of
5$25,000 per year, but nonvoting Directors employed by a public
6agency are not entitled to such compensation. Each Director
7shall be reimbursed for actual expenses incurred in the
8performance of the Director's duties. Officers of the
9Authority shall not be required to comply with the
10requirements of the Public Funds Statement Publication Act.
11 Section 2.10. Meetings.
12 (a) The Board shall prescribe the times and places for
13meetings and the manner in which special meetings may be
14called. Board meetings shall be held in a place easily
15accessible by public transit. The Board shall comply in all
16respects with the Open Meetings Act. All records, documents,
17and papers of the Authority, other than those relating to
18matters concerning which closed sessions of the Board, may be
19held and any redactions as permitted or required by applicable
20law, shall be available for public examination, subject to
21such reasonable regulations as the Board may adopt.
22 (b) A majority of the whole number of members of the
23Authority then in office shall constitute a quorum for the
24transaction of any business or the exercise of any power of the

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1Authority. Unless otherwise stated by this Act, actions of the
2Authority shall require the affirmative vote of a majority of
3the voting members of the Authority present and voting at the
4meeting at which the action is taken.
5 (c) Open meetings of the Board shall be broadcast to the
6public and maintained in real time on the Board's website
7using a high-speed Internet connection. Recordings of each
8meeting broadcast shall be posted to the Board's website
9within a reasonable time after the meeting and shall be
10maintained as public records to the extent practicable, as
11determined by the Board. Compliance with these provisions does
12not relieve the Board of its obligations under the Open
13Meetings Act.
14 Section 2.11. Director liability.
15 (a) A Director of the Authority is not liable for any
16injury resulting from any act or omission in determining
17policy or exercising discretion, except: (1) for willful or
18wanton misconduct; or (2) as otherwise provided by law.
19 (b) If any claim or action is instituted against a
20Director of the Authority based on an injury allegedly arising
21out of an act or omission of the Director occurring within the
22scope of the Director's performance of duties on behalf of the
23Authority, the Authority shall indemnify the Director for all
24legal expenses and court costs incurred in defending against
25the claim or action and shall indemnify the Director for any

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1amount paid pursuant to any judgment on, or any good faith
2settlement of, such claim, except for that portion of a
3judgment awarded for willful or wanton misconduct.
4 (c) The Authority may purchase insurance to cover the
5costs of any legal expenses, judgments, or settlements under
6this Section.
7 Section 2.12. Citizen Advisory Board. There is established
8a Citizen Advisory Board. The Board shall appoint at least 5
9and not more than 15 members to the Citizen Advisory Board. The
10Board shall follow the selection process in Section 5.01 for
11its appointments to the Citizen Advisory Board. The Board
12should strive to assemble a Citizen Advisory Board that is
13reflective of the diversity of the metropolitan region, the
14users of the various modes of public transportation, and the
15interests of the residents and institutions of the region in a
16strong public transportation system. At least one member of
17the Citizen Advisory Board shall represent transit riders with
18disabilities. The Citizen Advisory Board shall meet at least
19quarterly and shall advise the Board of the impact of its
20policies and programs on the communities within the
21metropolitan region. Members shall serve without compensation
22but shall be entitled to reimbursement of reasonable and
23necessary costs incurred in the performance of their duties.
24Citizen Advisory Board members are subject to the public
25transportation system usage requirements applicable to

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1Authority Directors pursuant to Section 5.02.
2
Article III. TRANSITION
3 Section 3.01. Transition Committee.
4 (a) The Board shall establish a Transition Committee of
5the Board composed of a diverse subset of Directors. Directors
6appointed to the Transition Committee shall devote substantial
7time and effort to managing the transitions required by this
8Act in addition to their regular responsibilities as
9Directors. In recognition of this level of additional effort,
10the Board may authorize additional compensation for the
11Directors serving on the Transition Committee over the
12Director compensation authorized by Section 2.09. Such
13additional compensation shall be on a documented per hour
14worked basis at a rate set by the Board up to $150,000
15annually.
16 (b) The responsibilities of the Transition Committee,
17subject to the oversight of the Board, include the following:
18 (1) developing a transition plan for implementing the
19 improvements contemplated by this Act;
20 (2) forming, staffing, and overseeing the activities
21 of an Integration Management Office charged with the
22 day-to-day responsibility for implementing the operational
23 and organization changes contemplated by this Act;
24 (3) leading the search for a Chief Executive Officer

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1 of the Authority who has experience managing large public
2 transportation systems, which may include systems outside
3 of North America, or who has similar relevant experience
4 in managing other complex organizations;
5 (4) overseeing the transfer of personnel and staff
6 responsibilities from the consolidated entities to the
7 Authority to implement the provisions of this Act most
8 effectively; and
9 (5) regularly reporting to the full Board on the
10 status of the transition effort and make recommendations
11 for Board policies and actions.
12 (c) The Board shall implement this Act in accordance with
13the following timetable:
14 (1) All seats on the Board shall be filled, a Chair
15 shall be selected, and the Board Transition Committee
16 shall be appointed and in operation no later than one year
17 after the effective date of this Act.
18 (2) The Integration Management Office shall be fully
19 organized and operating by no later than 2 years after the
20 effective date of this Act.
21 (3) A permanent Chief Executive Officer shall be
22 selected and in place at the Authority by no later than 3
23 years after the effective date of this Act.
24 (4) A final transition plan shall be approved by no
25 later than 3 years after the effective date of this Act.
26 (5) The transfer of all functions and responsibilities

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1 to the Authority as contemplated by this Act shall be
2 completed by no later than 4 years after the effective
3 date of this Act.
4 Section 3.02. Consolidation. On the effective date of this
5Act and without further action:
6 (1) The Chicago Transit Authority, the Commuter Rail
7 Division and the Suburban Bus Division of the Regional
8 Transportation Authority, and the Regional Transportation
9 Authority are consolidated into the Authority and the
10 Service Boards are abolished.
11 (2) To the fullest extent allowed by applicable law,
12 the Authority shall succeed to all the rights, assets,
13 franchises, contracts, property, and interests of every
14 kind of the consolidated entities, including all rights,
15 powers, and duties of the Commuter Rail Division with
16 respect to the Northeast Illinois Regional Rail Passenger
17 Corporation.
18 (3) All previous lawful actions of the consolidated
19 entities shall be valid and binding upon the Authority,
20 and the Authority shall be substituted for the
21 consolidated entities with respect to each of those
22 actions.
23 (4) All fines, penalties, and forfeitures incurred or
24 imposed for the violation of any ordinance of a
25 consolidated entity shall be enforced or collected by the

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1 Authority.
2 (5) All lawful ordinances, regulations, and rules of
3 the consolidated entities consistent with the provisions
4 of this Act shall continue in full force and effect as
5 ordinances, regulations, and rules of the Authority until
6 amended or repealed by the Authority.
7 (6) The title to and possession of all land, property,
8 and funds of every kind owned by or in which a consolidated
9 entity possesses an interest shall not revert or be
10 impaired but shall be vested in the Authority to the same
11 extent and subject to the same restrictions, if any,
12 applicable to the land, property, and funds.
13 (7) A director or officer ceasing to hold office by
14 virtue of this Act and any employee of a consolidated
15 entity shall deliver and turn over to the Authority, or to
16 a person it may designate, all papers, records, books,
17 documents, property, real and personal, and pending
18 business of any kind in the director's, officer's, or
19 employee's possession or custody and shall account to the
20 Authority for all moneys for which the director, officer,
21 or employee is responsible.
22 (8) The separate existence of the consolidated
23 entities shall cease and the term of office of each
24 director and officer of those entities shall terminate,
25 except that the directors of the Regional Transportation
26 Authority on the effective date of this Act shall serve as

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1 temporary Directors of the Authority until their
2 successors are appointed pursuant to Section 5.01. The
3 Authority and the appointing authorities shall begin the
4 process under Section 5.01 to select successors to the
5 temporary Directors no later than 30 days after the
6 effective date of this Act.
7 Section 3.03. Transfer of employees and collective
8bargaining rights.
9 (a) The provisions of this Section establish the
10procedures to be followed by the Authority in dealing with
11employees of the consolidated entities in carrying out the
12consolidation and reorganization of public transportation
13provided for in this Act and to provide fair and equitable
14protection for those employees.
15 (b) On the effective date of this Act, all persons
16employed by the consolidated entities shall become employees
17of the Authority.
18 (c) The Authority shall assume and observe all applicable
19collective bargaining and other agreements between the
20consolidated entities and their employees in effect on the
21effective date of this Act.
22 (d) The Authority shall assume all pension obligations of
23the consolidated entities and the employees of the
24consolidated entities who are members or beneficiaries of any
25existing pension or retirement system and shall continue to

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1have the rights, privileges, obligations, and status with
2respect to such system or systems as prescribed by law.
3Employees shall be given sick leave, vacation, insurance, and
4pension credits in accordance with the records or labor
5agreements of the consolidated entities provided to an
6employee under an ordinance adopted or a contract executed by
7a consolidated entity. The Authority shall determine the
8number of employees necessary to provide public transportation
9services on a consolidated basis and to carry out the
10functions of the Authority and shall determine fair and
11equitable arrangements for the employees of the Authority who
12are affected by actions provided for by this Act.
13 (e) If the Authority and an accredited representative of
14the employees of a consolidated entity fail to agree on a
15matter covered by a collective bargaining agreement and
16related to the implementation of this Act, either party may
17request the assistance of a mediator appointed by either the
18State or Federal Mediation and Conciliation Service who shall
19seek to resolve the dispute. If the dispute is not resolved by
20mediation within a 21-day period, the mediator shall certify
21to the parties that an impasse exists. Upon receipt of the
22mediator's certificate, the parties shall submit the dispute
23to arbitration by a board composed of 3 persons, one appointed
24by the Authority, one appointed by the labor organization
25representing the employees, and a third member to be agreed
26upon by the labor organization and the Authority. The member

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1agreed upon by the labor organization and the Authority shall
2act as chair of the board. The determination of the majority of
3the board of arbitration thus established shall be final and
4binding on all matters in dispute. If, after a period of 10
5days from the date of the appointment of the 2 arbitrators
6representing the Authority and the labor organization, the
7third arbitrator has not been selected, then either arbitrator
8may request the American Arbitration Association to furnish
9from the current listing of the membership of the National
10Academy of Arbitrators the names of 7 members of the National
11Academy. The arbitrators appointed by the Authority and the
12labor organization shall determine, promptly after the receipt
13of the list, by that order alternatively eliminate one name
14until only one name remains. The remaining person on the list
15shall be the third arbitrator. Each party shall pay an equal
16proportionate share of the impartial arbitrator's fees and
17expenses.
18
Article IV. POWERS
19 Section 4.01. Responsibility for public transportation. As
20the provider of public transportation in the metropolitan
21region, the Authority may:
22 (1) adopt plans that implement the public policy of
23 the State to provide adequate, efficient, equitable, and
24 coordinated public transportation throughout the

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1 metropolitan region;
2 (2) develop Service Standards and performance measures
3 to inform the public about the extent to which the
4 provision of public transportation in the metropolitan
5 region meets those goals, objectives, and standards;
6 (3) use the Service Standards and performance
7 standards to objectively and transparently determine the
8 level, nature, and kind of public transportation that
9 should be provided for the metropolitan region;
10 (4) budget and allocate operating and capital funds
11 efficiently and in a cost-effective manner to support
12 public transportation in the metropolitan region;
13 (5) coordinate the provision of public transportation
14 and the investment in public transportation facilities to
15 enhance the integration of public transportation
16 throughout the metropolitan region;
17 (6) operate or otherwise provide for public
18 transportation services throughout the metropolitan
19 region;
20 (7) plan, procure, and operate an integrated fare
21 collection system;
22 (8) conduct operations, service, and capital planning;
23 (9) provide design and construction oversight of
24 capital projects;
25 (10) procure goods and services necessary to fulfill
26 its responsibilities;

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1 (11) develop or participate in residential and
2 commercial development on and in the vicinity of public
3 transportation stations and routes to facilitate
4 transit-supportive land uses, increase public
5 transportation ridership, generate revenue, and improve
6 access to jobs and other opportunities in the metropolitan
7 region by public transportation; and
8 (12) take all other necessary and reasonable steps to
9 provide public transportation in the metropolitan region.
10 Section 4.02. General powers. Except as otherwise limited
11by this Act, the Authority shall have all powers necessary to
12meet its responsibilities and to carry out its purposes,
13including, but not limited to, the following powers:
14 (1) to sue and be sued;
15 (2) to invest any funds or any moneys not required for
16 immediate use or disbursement, as provided in the Public
17 Funds Investment Act;
18 (3) to make, amend, and repeal by-laws, rules, and
19 ordinances consistent with this Act;
20 (4) to borrow money and to issue its negotiable bonds
21 or notes;
22 (5) to hold, sell, sell by installment contract, lease
23 as lessor, transfer, or dispose of such real or personal
24 property as it deems appropriate in the exercise of its
25 powers or to provide for the use thereof by any

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1 transportation agency and to mortgage, pledge, or
2 otherwise grant security interests in any such property;
3 (6) to enter at reasonable times upon such lands,
4 waters, or premises as in the judgment of the Authority
5 may be necessary, convenient, or desirable for the purpose
6 of making surveys, soundings, borings, and examinations to
7 accomplish any purpose authorized by this Act after having
8 given reasonable notice of such proposed entry to the
9 owners and occupants of such lands, waters or premises,
10 the Authority being liable only for actual damage caused
11 by such activity;
12 (7) to procure the goods and services necessary to
13 perform its responsibilities;
14 (8) to make and execute all contracts and other
15 instruments necessary or convenient to the exercise of its
16 powers;
17 (9) to enter into contracts of group insurance for the
18 benefit of its employees, to provide for retirement or
19 pensions or other employee benefit arrangements for its
20 employees, and to assume obligations for pensions or other
21 employee benefit arrangements for employees of
22 transportation agencies, of which all or part of the
23 facilities are acquired by the Authority;
24 (10) to provide for the insurance of any property,
25 directors, officers, employees, or operations of the
26 Authority against any risk or hazard, and to self-insure

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1 or participate in joint self-insurance pools or entities
2 to insure against any risk or hazard;
3 (11) to appear before the Illinois Commerce Commission
4 in all proceedings concerning the Authority or any
5 transportation agency;
6 (12) to pass all ordinances and make all rules and
7 regulations proper or necessary to regulate the use,
8 operation, and maintenance of its property and facilities
9 and those of its Operating Divisions and, by ordinance, to
10 prescribe fines or penalties for violations of ordinances.
11 No fine or penalty shall exceed $5,000 per offense. An
12 ordinance providing for any fine or penalty shall be
13 published in a newspaper of general circulation in the
14 metropolitan region. No such ordinance shall take effect
15 until 10 days after its publication;
16 (13) to enter into arbitration arrangements, which may
17 be final and binding; and
18 (14) to provide funding and other support for projects
19 in the metropolitan region under the Equitable
20 Transit-Supportive Development Act.
21 Section 4.03. Purchase of transit services.
22 (a) The Authority may provide public transportation by
23purchasing public transportation services from transportation
24agencies through purchase of service agreements or grants.
25 (b) The Authority may make grants to or enter into

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1purchase of service agreements with a transportation agency
2for operating and other expenses, developing or planning
3public transportation, or for constructing or acquiring public
4transportation facilities, all upon such terms and conditions
5as the Authority shall prescribe.
6 (c) The Board shall adopt guidelines setting forth uniform
7standards for the making of grants and purchase of service
8agreements. The grants or purchase of service agreements may
9be for a number of years or duration as the parties shall
10agree.
11 (d) A transportation agency providing public
12transportation pursuant to a purchase of service or grant
13agreement with the Authority is subject to the Illinois Human
14Rights Act and the remedies and procedures established under
15that Act. The transportation agency shall file an affirmative
16action program with regard to public transportation so
17provided with the Department of Human Rights within one year
18of the purchase of service or grant agreement to ensure that
19applicants are employed and that employees are treated during
20employment without unlawful discrimination. The affirmative
21action program shall include provisions relating to hiring,
22upgrading, demotion, transfer, recruitment, recruitment
23advertising, selection for training, and rates of pay or other
24forms of compensation. Unlawful discrimination, as defined and
25prohibited in the Illinois Human Rights Act, may not be made in
26any term or aspect of employment, and discrimination based

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1upon political reasons or factors is prohibited.
2 (e) The Authority is not subject to the Public Utilities
3Act. Transportation agencies that have any purchase of service
4or grant agreement with the Authority are not subject to that
5Act as to any public transportation that is the subject of a
6purchase of service or grant agreement.
7 (f) A contract or agreement entered into by a
8transportation agency with the Authority and discontinuation
9of the contract or agreement by the Authority are not subject
10to approval of or regulation by the Illinois Commerce
11Commission.
12 (g) The Authority shall assume all costs of rights,
13benefits, and protective conditions to which an employee is
14entitled under this Act from a transportation agency if the
15inability of the transportation agency to meet its obligations
16in relation thereto due to bankruptcy or insolvency, provided
17that the Authority shall retain the right to proceed against
18the bankrupt or insolvent transportation agency or its
19successors, trustees, assigns or debtors for the costs
20assumed. The Authority may mitigate its liability under this
21subsection and under Section 2.11 to the extent of employment
22and employment benefits which it tenders.
23 Section 4.04. Paratransit services.
24 (a) As used in this Section, "ADA paratransit services"
25means those comparable or specialized transportation services

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1provided to individuals with disabilities who are unable to
2use fixed-route transportation systems and who are determined
3to be eligible, for some or all of their trips, for such
4services under the Americans with Disabilities Act of 1990 and
5its implementing regulations.
6 (b) The Authority is responsible for the funding,
7financial review, and oversight of all ADA paratransit
8services that are provided by the Authority or by any
9transportation agency.
10 (c) The Authority shall develop plans for the provision of
11ADA paratransit services and submit the plans to the Federal
12Transit Administration for approval. The Authority shall
13comply with the requirements of the Americans with
14Disabilities Act of 1990 and its implementing regulations in
15developing and approving the plans, including, without
16limitation, consulting with individuals with disabilities and
17groups representing them in the community and providing
18adequate opportunity for public comment and public hearings.
19The plans shall also include, without limitation, provisions
20to:
21 (1) maintain, at a minimum, the levels of ADA
22 paratransit service that are required to be provided by
23 the Authority pursuant to the Americans with Disabilities
24 Act of 1990 and its implementing regulations;
25 (2) provide for consistent policies throughout the
26 metropolitan region for scheduling of ADA paratransit

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1 service trips to and from destinations, with consideration
2 of scheduling of return trips on a will-call, open-ended
3 basis upon request of the rider, if practicable;
4 (3) provide that service contracts and rates with
5 private carriers and taxicabs for ADA paratransit service,
6 entered into or set after the approval by the Federal
7 Transit Administration, are procured by means of an open
8 procurement process;
9 (4) provide for fares, fare collection, and billing
10 procedures for ADA paratransit services throughout the
11 metropolitan region;
12 (5) provide for performance standards for all ADA
13 paratransit service transportation carriers, with
14 consideration of door-to-door service;
15 (6) provide, in cooperation with the Department of
16 Transportation, the Department of Healthcare and Family
17 Services, and other appropriate public agencies and
18 private entities for the application and receipt of
19 grants, including, without limitation, reimbursement from
20 Medicaid or other programs for ADA paratransit services;
21 (7) provide for a system of dispatch of ADA
22 paratransit services transportation carriers throughout
23 the metropolitan region with consideration of county-based
24 dispatch systems already in place;
25 (8) provide for a process of determining eligibility
26 for ADA paratransit services that complies with the

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1 Americans with Disabilities Act of 1990 and its
2 implementing regulations;
3 (9) provide for consideration of innovative methods to
4 provide and fund ADA paratransit services; and
5 (10) provide for the creation of an ADA advisory board
6 to represent the diversity of individuals with
7 disabilities in the metropolitan region and to provide
8 appropriate ongoing input from individuals with
9 disabilities into the operation of ADA paratransit
10 services.
11 (d) All revisions and annual updates to the ADA
12paratransit services plans developed pursuant to subsection
13(c), or certifications of continued compliance in lieu of plan
14updates, that are required to be provided to the Federal
15Transit Administration shall be developed by the Authority and
16the Authority shall submit the revision, update, or
17certification to the Federal Transit Administration for
18approval.
19 (e) The Department of Transportation, the Department of
20Healthcare and Family Services, and the Authority shall enter
21into intergovernmental agreements as may be necessary to
22provide funding and accountability for, and implementation of,
23the requirements of this Section.
24 (f) In conjunction with its adoption of its Strategic
25Plan, the Authority shall develop and submit to the General
26Assembly and the Governor a funding plan for ADA paratransit

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1services. The funding plan shall, at a minimum, contain an
2analysis of the current costs of providing ADA paratransit
3services, projections of the long-term costs of providing ADA
4paratransit services, identification of and recommendations
5for possible cost efficiencies in providing ADA paratransit
6services, and identification of and recommendations for
7possible funding sources for providing ADA paratransit
8services. The Department of Transportation, the Department of
9Healthcare and Family Services, and other State and local
10public agencies, as appropriate, shall cooperate with the
11Authority in the preparation of the funding plan.
12 (g) Any funds derived from the federal Medicaid program
13for reimbursement of the costs of providing ADA paratransit
14services within the metropolitan region shall be directed to
15the Authority and shall be used to pay for or reimburse the
16costs of providing ADA paratransit services.
17 Section 4.05. Fares and nature of service.
18 (a) The Authority has the sole authority for setting fares
19and charges for public transportation services in the
20metropolitan region, including public transportation provided
21by transportation agencies pursuant to purchase of service or
22grant agreements with the Authority, and for establishing the
23nature and standards of public transportation to be so
24provided in accordance with the Strategic Plan and Service
25Standards.

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1 (b) The Authority shall develop and implement a regionally
2coordinated and consolidated fare collection system.
3 (c) Whenever the Authority provides any public
4transportation pursuant to grants to transportation agencies
5for operating expenses, other than with regard to experimental
6programs, or pursuant to any purchase of service agreement,
7the purchase of service or grant agreements shall provide for
8the level and nature of fares or charges to be made for such
9services and the nature and standards of public transportation
10to be so provided.
11 (d) In so providing for the fares or charges and the nature
12and standards of public transportation, any purchase of
13service or grant agreements shall provide, among other
14matters, for the terms and cost of transfers or
15interconnections between different modes of transportation and
16different public transportation providers.
17 (e) At least once every 2 years, the Authority shall
18assess the need to make fare adjustments in light of
19inflation, budgetary needs, and other relevant policy
20considerations. The Board shall, by ordinance, retain the
21existing fare structure or adopt a revised fare structure. The
22Authority shall take reasonable steps to get public input as
23part of its assessment, and the Board shall conduct a public
24hearing before adopting its fare structure ordinance.
25 (f) By no later than 2 years after the effective date of
26this Act, the Authority shall implement:

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1 (1) an income-based reduced fare program; and
2 (2) fare capping for individual services and across
3 public transportation service providers.
4 (g) The Authority must develop and make available for use
5by riders a universal fare instrument that may be used
6interchangeably on all public transportation funded by the
7Authority.
8 Section 4.06. Use of streets and roads.
9 (a) The Authority may, by ordinance, provide for special
10lanes for exclusive or special use by public transportation
11vehicles with regard to any roads, streets, ways, highways,
12bridges, toll highways, or toll bridges in the metropolitan
13region, notwithstanding any other law, ordinance, or
14regulation to the contrary.
15 (b) The Authority may use and, by ordinance, authorize a
16transportation agency to use without any franchise, charge,
17permit, or license any public road, street, way, highway,
18bridge, toll highway, or toll bridge within the metropolitan
19region for the provision of public transportation.
20Transportation agencies that have purchase of service or grant
21agreements with the Authority as to any public transportation
22are not, as to any aspect of the public transportation,
23subject to any supervision, licensing, or regulation imposed
24by a unit of local government in the metropolitan region,
25except as may be specifically authorized by the Authority and

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1except for regular police supervision of vehicular traffic.
2 Section 4.07. Bus rapid transit and related technologies.
3To improve public transportation service in the metropolitan
4region, the Authority shall accelerate the implementation of
5bus rapid transit services using the expressway, tollway, and
6other roadway systems in the metropolitan region. The
7Department of Transportation and the Illinois State Toll
8Highway Authority shall collaborate with the Authority in the
9implementation of bus rapid transit services. The Authority,
10in cooperation with the Department of Transportation and the
11Illinois State Toll Highway Authority, shall evaluate and
12refine approaches to bus rapid transit operations and shall
13investigate technology options that facilitate the shared use
14of the bus rapid transit lanes and provide revenue for
15financing construction and operation of public transportation
16facilities. The Authority shall also research, evaluate, and,
17where appropriate, implement vehicle, infrastructure,
18intelligent transportation systems, and other technologies to
19improve the quality and safety of public transportation on
20roadway systems in the metropolitan region.
21 Section 4.08. Coordination with the Department of
22Transportation.
23 (a) The Authority shall promptly review the Department of
24Transportation's plans under Section 2705-354 of the

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1Department of Transportation Law of the Civil Administrative
2Code of Illinois and provide the Department with
3recommendations for any needed modifications to enhance the
4operation and safety of public transportation on the highway.
5The Department shall review the recommendations and respond to
6the Authority's comments as set forth in that Section.
7 (b) The Department and the Authority shall jointly develop
8and publish on their websites guidelines, timetables, and best
9practices for how they will advance highway designs and
10operations on highways under the Department's jurisdiction in
11the metropolitan region to optimize the efficacy, safety, and
12attractiveness of public transportation on such highways.
13 Section 4.09. Eminent domain.
14 (a) The Authority may take and acquire possession by
15eminent domain of any property or interest in property which
16the Authority may acquire under this Act. The power of eminent
17domain may be exercised by ordinance of the Authority and
18shall extend to all types of interests in property, both real
19and personal, including, without limitation, easements for
20access purposes to and rights of concurrent usage of existing
21or planned public transportation facilities, whether the
22property is public property or is devoted to public use and
23whether the property is owned or held by a public
24transportation agency, except as specifically limited by this
25Act.

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1 (b) The Authority shall exercise the power of eminent
2domain granted in this Section in the manner provided for the
3exercise of the right of eminent domain under the Eminent
4Domain Act, except that the Authority may not exercise
5quick-take authority provided in Article 20 of the Eminent
6Domain Act providing for immediate possession in such
7proceedings and except that those provisions of Section
810-5-10 of the Eminent Domain Act requiring prior approval of
9the Illinois Commerce Commission in certain instances shall
10apply to eminent domain proceedings by the Authority only as
11to any taking or damaging by the Authority of any real property
12of a railroad not used for public transportation or of any real
13property of other public utilities.
14 (c) The Authority may exercise the right of eminent domain
15to acquire public property with the approval of the Board. In a
16proceeding for the taking of public property by the Authority
17through the exercise of the power of eminent domain, the venue
18shall be in the circuit court of the county in which the
19property is located. The right of eminent domain may be
20exercised over property used for public park purposes, for
21State forest purposes, or for forest preserve purposes with
22the approval of the Board, after public hearing and a written
23study done for the Authority, that such taking is necessary to
24accomplish the purposes of this Act, that no feasible
25alternatives to such taking exist, and that the advantages to
26the public from such taking exceed the disadvantages to the

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1public of doing so. In a proceeding for the exercise of the
2right of eminent domain for the taking by the Authority of
3property used for public park, State forest, or forest
4preserve purposes, the court shall not order the taking of
5such property unless it has reviewed and concurred in the
6findings required of the Authority by this paragraph. Property
7dedicated as a nature preserve pursuant to the Illinois
8Natural Areas Preservation Act may not be acquired by eminent
9domain by the Authority.
10 (d) The acquisition by the Authority by eminent domain of
11any property is not subject to the approval of or regulation by
12the Illinois Commerce Commission, except that any requirement
13in Section 10-5-10 of the Eminent Domain Act requiring in
14certain instances prior approval of the Illinois Commerce
15Commission for taking or damaging of property of railroads or
16other public utilities shall continue to apply as to any
17taking or damaging by the Authority of any real property of
18such a railroad not used for public transportation or of any
19real property of such other public utility.
20 (e) Notwithstanding any other provision of this Act, any
21power granted under this Act to acquire property by
22condemnation or eminent domain is subject to, and shall be
23exercised in accordance with, the Eminent Domain Act.
24 Section 4.10. Acquisitions.
25 (a) The Authority may acquire any public transportation

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1facility for its use or for use by a transportation agency and
2may acquire any such facilities from a transportation agency,
3including, without limitation, reserve funds, employees'
4pension or retirement funds, special funds, franchises,
5licenses, patents, permits and papers, documents, and records
6of the transportation agency.
7 (b) In connection with an acquisition under subsection (a)
8from a transportation agency, the Authority may assume
9obligations of the transportation agency with regard to such
10facilities or property or public transportation operations of
11such agency.
12 (c) In each case in which this Act gives the Authority the
13power to construct or acquire real or personal property, the
14Authority may acquire such property by contract, purchase,
15gift, grant, exchange for other property or rights in
16property, lease, sublease, or installment or conditional
17purchase contracts. A lease or contract may provide for
18consideration to be paid in annual installments during a
19period not exceeding 40 years. Property may be acquired
20subject to such conditions, restrictions, liens, or security
21or other interests of other parties as the Authority deems
22appropriate, and, in each case, the Authority may acquire a
23joint, leasehold, easement, license, or other partial interest
24in such property. Any such acquisition may provide for the
25assumption of, or agreement to pay, perform, or discharge
26outstanding or continuing duties, obligations, or liabilities

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1of the seller, lessor, donor, or other transferor of or of the
2trustee with regard to such property.
3 (d) In connection with the acquisition of public
4transportation equipment, including, but not limited to,
5rolling stock, vehicles, locomotives, buses, or rapid transit
6equipment, the Authority may also execute agreements
7concerning such equipment leases, equipment trust
8certificates, conditional purchase agreements, and other
9security agreements and may make such agreements and covenants
10as required in the form customarily used in such cases
11appropriate to effect such acquisition.
12 (e) Obligations of the Authority incurred pursuant to this
13Section shall not be considered bonds or notes within the
14meaning of Section 6.05.
15 Section 4.11. Public bidding.
16 (a) The Board shall adopt rules to ensure that the
17acquisition by the Authority of services or public
18transportation facilities, other than real estate, involving a
19cost of more than the small purchase threshold set by the
20Federal Transit Administration and the disposition of all
21property of the Authority shall be after public notice and
22with public bidding.
23 (b) The Board shall adopt rules to ensure that the
24construction, demolition, rehabilitation, renovation, and
25building maintenance projects by the Authority for services or

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1public transportation facilities involving a cost of more than
2$40,000 or such other amount set by the Board by ordinance
3shall be after public notice and with public bidding. The
4ordinance may provide for exceptions to such requirements for
5acquisition of repair parts, accessories, equipment, or
6services previously furnished or contracted for; for the
7immediate delivery of supplies, material, or equipment or
8performance of service when it is determined by the
9concurrence of a majority of the then Directors that an
10emergency requires immediate delivery or supply thereof; for
11goods or services that are economically procurable from only
12one source; for contracts for the maintenance or servicing of
13equipment which are made with the manufacturers or authorized
14service agent of that equipment where the maintenance or
15servicing can best be performed by the manufacturer or
16authorized service agent or such a contract would be otherwise
17advantageous to the Authority, except that the exceptions in
18this clause shall not apply to contracts for plumbing,
19heating, piping, refrigeration, and automatic temperature
20control systems, ventilating, and distribution systems for
21conditioned air, and electrical wiring; for goods or services
22procured from another governmental agency; for purchases and
23contracts for the use or purchase of data processing equipment
24and data processing systems software; for the acquisition of
25professional or utility services; and for the acquisition of
26public transportation equipment, including, but not limited

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1to, rolling stock, locomotives, and buses if: (i) it is
2determined by the Directors that a negotiated acquisition
3offers opportunities with respect to the cost or financing of
4the equipment, its delivery, or the performance of a portion
5of the work within the State or the use of goods produced or
6services provided within the State; (ii) a notice of intention
7to negotiate for the acquisition of such public transportation
8equipment is published in a newspaper of general circulation
9within the metropolitan region inviting proposals from
10qualified vendors; and (iii) any contract with respect to such
11acquisition is authorized by the Directors.
12 (c) The requirements set forth in this Section do not
13apply to purchase of service or grant agreements or other
14contracts, purchases, or sales entered into by the Authority
15with any transportation agency or unit of local government.
16 (d) The Authority may use a 2-phase design-build selection
17procedure as follows:
18 (1) The Authority may authorize the use of competitive
19 selection and the prequalification of responsible bidders
20 consistent with all applicable laws.
21 (2) 2-phase design-build selection procedures shall
22 consist of the following:
23 (A) The Authority shall develop, through licensed
24 architects or licensed engineers, a scope of work
25 statement for inclusion in the solicitation for
26 phase-one proposals that defines the project and

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1 provides prospective offerors with sufficient
2 information regarding the Authority's requirements.
3 The statement shall include criteria and preliminary
4 design, general budget parameters, and general
5 schedule or delivery requirements to enable the
6 offerors to submit proposals which meet the
7 Authority's needs. When the 2-phase design-build
8 selection procedure is used and the Authority
9 contracts for development of the scope of work
10 statement, the Authority shall contract for
11 architectural or engineering services as defined by
12 and in accordance with the Architectural, Engineering,
13 and Land Surveying Qualifications Based Selection Act
14 and all applicable licensing statutes.
15 (B) The evaluation factors to be used in
16 evaluating phase-one proposals must be stated in the
17 solicitation and must include specialized experience
18 and technical competence, capability to perform, past
19 performance of the offeror's team, including the
20 architect-engineer and construction members of the
21 team, and other appropriate technical and
22 qualifications factors. Each solicitation must
23 establish the relative importance assigned to the
24 evaluation factors and the subfactors that must be
25 considered in the evaluation of phase-one proposals on
26 the basis of the evaluation factors set forth in the

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1 solicitation. Each design-build team must include a
2 licensed design professional independent from the
3 Authority's licensed architect or engineer and a
4 licensed design professional must be named in the
5 phase-one proposals submitted to the Authority.
6 (C) On the basis of the phase-one proposal, the
7 Authority shall select as the most highly qualified
8 the number of offerors specified in the solicitation
9 and request the selected offerors to submit phase-two
10 competitive proposals and cost or price information.
11 Each solicitation must establish the relative
12 importance assigned to the evaluation factors and the
13 subfactors that must be considered in the evaluation
14 of phase-two proposals on the basis of the evaluation
15 factors set forth in the solicitation. The Authority
16 may negotiate with the selected design-build team
17 after award but prior to contract execution for the
18 purpose of securing better terms than originally
19 proposed if the salient features of the design-build
20 solicitation are not diminished. Each phase-two
21 solicitation evaluates separately (i) the technical
22 submission for the proposal, including design concepts
23 or proposed solutions to requirements addressed within
24 the scope of work, and (ii) the evaluation factors and
25 subfactors, including cost or price, that must be
26 considered in the evaluations of proposals.

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1 (D) A design-build solicitation issued under the
2 procedures in this subsection shall state the maximum
3 number of offerors that are to be selected to submit
4 competitive phase-two proposals. The maximum number
5 specified in the solicitation shall not exceed 5
6 unless the Authority with respect to an individual
7 solicitation determines that a specified number
8 greater than 5 is in the best interest of the Authority
9 and is consistent with the purposes and objectives of
10 the two-phase design-build selection process.
11 (E) All designs submitted as part of the two-phase
12 selection process and not selected shall be
13 proprietary to the preparers.
14 Section 4.12. Limitations on Authority powers.
15 (a) The Authority may not:
16 (1) require or authorize the operation of, or operate
17 or acquire by eminent domain or otherwise, any public
18 transportation facility or service on terms or in a manner
19 which unreasonably interferes with the ability of a
20 railroad to provide efficient freight or intercity
21 passenger service. This paragraph does not bar the
22 Authority from acquiring title to any property in a manner
23 consistent with this paragraph;
24 (2) obtain by eminent domain any interest in a
25 right-of-way or any other real property of a railroad that

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1 is not a public body in excess of the interest to be used
2 for public transportation as provided in this Act; or
3 (3) prohibit the operation of public transportation by
4 a private carrier that does not receive a grant or
5 purchase of service agreement from the Authority.
6 (b) If, in connection with any construction, acquisition,
7or other activity undertaken by or for the Authority or
8pursuant to any purchase of service or grant agreement with
9the Authority, a facility of a public utility, as defined in
10the Public Utilities Act, is removed or relocated from its
11then-existing site, all costs and expenses of such relocation
12or removal, including the cost of installing such facilities
13in a new location or locations, and the cost of any land or
14lands, interest in land, or any rights required to accomplish
15such relocation or removal, shall be paid by the Authority. If
16any such facilities are so relocated onto the properties of
17the Authority or onto properties made available for that
18purpose by the Authority, there shall be no rent, fee, or other
19charge of any kind imposed upon the public utility owning or
20operating such facilities in excess of that imposed prior to
21such relocation and such public utility, and its successors
22and assigns, and the public utility shall be granted the right
23to operate such facilities in the new location or locations
24for as long a period and upon the same terms and conditions as
25it had the right to maintain and operate such facilities in
26their former location. Nothing in this subsection shall

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1prevent the Authority and a transportation agency from
2agreeing in a purchase of service agreement or otherwise to
3make different arrangements for such relocations or the costs
4thereof.
5 Section 4.13. Appointment of officers and employees.
6 (a) The Authority may appoint, retain, and employ
7officers, attorneys, agents, engineers, and employees. The
8officers shall include an Executive Director, who shall be the
9chief executive officer of the Authority, appointed by the
10Chair with the concurrence of the Board.
11 (b) The Executive Director must be an individual of proven
12transportation and management skills and may not be a member
13of the Board, except as provided in subsection (d) of Section
142.07.
15 (c) The Executive Director shall hire and organize the
16staff of the Authority, shall allocate their functions and
17duties, shall fix compensation and conditions of employment of
18the staff of the Authority, and, consistent with the policies
19of and direction from the Board, take all actions necessary to
20achieve the Executive Director's purposes, fulfill the
21Executive Director's responsibilities, and carry out the
22Executive Director's powers. The Executive Director shall have
23such other powers and responsibilities as the Board shall
24determine.
25 (d) The Authority may employ its own professional

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1management personnel to provide professional and technical
2expertise concerning its purposes and powers and to assist it
3in assessing the performance of the Authority and the
4transportation agencies in the metropolitan region.
5 (e) No employee, officer, or agent of the Authority may
6receive a bonus that exceeds 10% of the employee's, officer's,
7or agent's annual salary unless the Board has approved that
8bonus. This subsection does not apply to usual and customary
9salary adjustments or payments made under performance-based
10compensation plans adopted pursuant to Section 5.04.
11 (f) Unlawful discrimination, as defined and prohibited in
12the Illinois Human Rights Act, shall not be made in any term or
13aspect of employment and there may not be discrimination based
14upon political reasons or factors. The Authority shall
15establish regulations to ensure that its discharges shall not
16be arbitrary and that hiring and promotion are based on merit.
17 (g) The Authority is subject to the Illinois Human Rights
18Act and the remedies and procedures established under that
19Act. The Authority shall file an affirmative action program
20for employment by it with the Department of Human Rights to
21ensure that applicants are employed and that employees are
22treated during employment, without regard to unlawful
23discrimination. Such affirmative action program shall include
24provisions relating to hiring, upgrading, demotion, transfer,
25recruitment, recruitment advertising, selection for training,
26and rates of pay or other forms of compensation.

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1 Section 4.14. Policy with respect to protective
2arrangements, collective bargaining, and labor relations.
3 (a) The Authority shall ensure that every employee of the
4Authority or a transportation agency shall receive fair and
5equitable protection against actions of the Authority, which
6shall not be less than those established pursuant to Section
713(c) of the Urban Mass Transportation Act of 1964, as amended
8(49 U.S.C. 1609(c)), and Section 405(b) of the Rail Passenger
9Service Act of 1970, as amended (45 U.S.C. 565(b)), and as
10prescribed by the United States Secretary of Labor under those
11Acts at the time of the protective agreement or arbitration
12decision providing protection.
13 (b) There shall be no limitation on freedom of association
14among employees of the Authority nor any denial of the right of
15employees to join or support a labor organization and to
16bargain collectively through representatives of their own
17choosing.
18 (c) The Authority and the duly accredited representatives
19of employees shall have the obligation to bargain collectively
20in good faith, and the Authority shall enter into written
21collective bargaining agreements with such representatives.
22 (d) As used in this Section, "actions of the Authority"
23includes the Authority's acquisition and operation of public
24transportation facilities, the execution of purchase of
25service and grant agreements made under this Act and the

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1coordination, reorganization, combining, leasing, merging of
2operations, or the expansion or curtailment of public
3transportation services or facilities by the Authority.
4"Actions of the Authority" does not include a failure or
5refusal to enter into a purchase of service or grant
6agreement.
7 Section 4.15. Employee protection. The Authority shall
8negotiate or arrange for the negotiation of such fair and
9equitable employee arrangements with the employees, through
10their accredited representatives authorized to act for them.
11If agreement cannot be reached on the terms of such protective
12arrangement, any party may submit any matter in dispute to
13arbitration. In such arbitration, each party shall have the
14right to select nonvoting arbitration board members. The
15impartial arbitrator shall be selected by the American
16Arbitration Association and appointed from a current listing
17of the membership of the National Academy of Arbitrators, upon
18request of any party. The impartial arbitrator's decision
19shall be final and binding on all parties. Each party shall pay
20an equal proportionate share of the impartial arbitrator's
21fees and expenses.
22 Section 4.16. Employee pensions. The Authority may
23establish and maintain systems of pensions and retirement
24benefits for officers and employees of the Authority as may be

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1designated or described by ordinance of the Authority; may fix
2the classifications of the systems of pensions and retirement;
3may take such steps as may be necessary to provide that persons
4eligible for admission to the pension systems as officers and
5employees of the Authority or of a transportation agency whose
6operations are financed in whole or in part by the Authority,
7including that the officers and employees shall retain
8eligibility for admission to or continued coverage and
9participation under Title II of the federal Social Security
10Act, as amended, and the related provisions of the Federal
11Insurance Contributions Act, as amended, the federal Railroad
12Retirement Act, as amended, and the Railroad Retirement Tax
13Act, as amended, as the case may be; and may provide, in
14connection with the pension systems, a system of benefits
15payable to the beneficiaries and dependents of a participant
16in the pension systems after the death of the participant,
17whether accidental or otherwise, whether occurring in the
18actual performance of duty or otherwise, or both, subject to
19exceptions, conditions, restrictions, and classifications as
20may be provided by ordinance of the Authority. The pension
21systems shall be financed or funded by means and in a manner as
22may be determined by the Authority to be economically
23feasible.
24 Section 4.17. Labor contracts.
25 (a) The Authority shall deal with and enter into written

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1contracts with employees of the Authority through accredited
2representatives of the employees authorized to act for the
3employees concerning wages, salaries, hours, working
4conditions, and pension or retirement provisions. However,
5nothing in this Act shall be construed to permit hours of labor
6in excess of those prohibited by law or to permit working
7conditions prohibited by law.
8 (b) If the Authority acquires the public transportation
9facilities of a transportation agency and operates such
10facilities, all employees actively engaged in the operation of
11the facilities shall be transferred to and appointed as
12employees of the Authority, subject to all the rights and
13benefits of Sections 4.14 through 4.18, and the Authority
14shall assume and observe all applicable labor contracts and
15pension obligations. These employees shall be given seniority
16credit and sick leave, vacation, insurance, and pension
17credits in accordance with the records or labor agreements
18from the acquired transportation system. Members and
19beneficiaries of any pension or retirement system or other
20benefits established by the acquired transportation system
21shall continue to have rights, privileges, benefits,
22obligations, and status with respect to the established
23retirement or retirement system. The Authority shall assume
24the obligations of any transportation system acquired by it
25with regard to wages, salaries, hours, working conditions,
26sick leave, health and welfare, and pension or retirement

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1provisions for these employees. The Authority and the
2employees, through their representatives for collective
3bargaining purposes, shall take whatever action may be
4necessary to have pension trust funds presently under the
5joint control of such transportation agency and the
6participating employees through their representatives
7transferred to the trust funds to be established, maintained,
8and administered jointly by the Authority and the
9participating employees through their representatives.
10 (c) If the Authority takes any of the actions specified in
11subsection (d) of Section 4.14, it shall do so only after
12meeting the requirements of subsection (a) of Section 4.14 and
13Section 4.15. If the Authority acquires and operates the
14public transportation facilities of a transportation agency
15engaged in the transportation of persons by railroad, it shall
16do so only in such manner as to ensure the continued
17applicability to the railroad employees affected thereby of
18the provisions of all federal statutes then applicable to them
19and a continuation of their existing collective bargaining
20agreements until the provisions of said agreements can be
21renegotiated by representatives of the Authority and the
22representatives of said employees duly designated as such
23pursuant to the terms and provisions of the Railway Labor Act,
24as amended (45 U.S.C. 151 et seq.). However, nothing in this
25subsection shall prevent the abandonment of such facilities,
26the discontinuance of such operations pursuant to applicable

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1law, or the substitution of other operations or facilities for
2such operations or facilities, whether by merger,
3consolidation, coordination, or otherwise. If new or
4supplemental operations or facilities are substituted
5therefore, the provisions of Section 4.18 shall be applicable,
6and all questions concerning the selection of forces to
7perform the work of such new or supplemental facilities or
8operations and whether the Authority shall be required to
9ensure the continued applicability of the federal statutes
10applicable to such employees shall be negotiated and, if
11necessary, arbitrated, in accordance with subsection (a) of
12Section 4.18.
13 Section 4.18. Labor relations procedures.
14 (a) If the Authority proposes to operate or to enter into a
15contract to operate any new public transportation facility
16which may result in the displacement of employees or the
17rearrangement of the working forces of the Authority or of a
18transportation agency, the Authority shall give at least 90
19days' written notice of such proposed operations to the
20representatives of the employees affected, and the Authority
21shall provide for the selection of forces to perform the work
22of that facility on the basis of agreement between the
23Authority and the representatives of such employees. If there
24is a failure to agree, the dispute may be submitted by the
25Authority or by any representative of the employees affected

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1to final and binding arbitration by an impartial arbitrator to
2be selected by the American Arbitration Association from a
3current listing of arbitrators of the National Academy of
4Arbitrators.
5 (b) If there is a labor dispute not otherwise governed by
6this Act, by the Labor Management Relations Act of 1947, as
7amended, by the Railway Labor Act, as amended, or by impasse
8resolution provisions in a collective bargaining or protective
9agreement involving the Authority or any transportation agency
10financed, in whole or in part, by the Authority and the
11employees of the Authority or of any such transportation
12agency that is not settled by the parties thereto within 30
13days from the date of commencement of negotiations, either
14party may request the assistance of a mediator appointed by
15either the State or Federal Mediation and Conciliation
16Service, who shall seek to resolve the dispute. If the dispute
17is not resolved by mediation within a reasonable period, the
18mediator shall certify to the parties that an impasse exists.
19Upon receipt of the mediator's certification, any party to the
20dispute may, within 7 days, submit the dispute to a
21fact-finder who shall be selected by the parties pursuant to
22the rules of the American Arbitration Association from a
23current listing of members of the National Academy of
24Arbitrators supplied by the American Arbitration Association.
25The fact-finder shall have the duty to hold hearings, or
26otherwise take evidence from the parties under such other

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1arrangements as they may agree. Upon completion of the
2parties' submissions, the fact-finder may issue and make
3public findings and recommendations or refer the dispute back
4to the parties for such other appropriate action as the
5fact-finder may recommend. If the parties do not reach
6agreement after the issuance of the fact-finder's report and
7recommendations, or, in cases where neither party requests
8fact-finding, the Authority shall offer to submit the dispute
9to arbitration by a board composed of 3 persons, one appointed
10by the Authority, one appointed by the labor organization
11representing the employees, and a third member to be agreed
12upon by the labor organization and the Authority. The member
13agreed upon by the labor organization and the Authority shall
14act as Chair of the board. The determination of the majority of
15the board of arbitration thus established shall be final and
16binding on all matters in dispute. If, after a period of 10
17days from the date of the appointment of the 2 arbitrators
18representing the Authority and the labor organization, the
19third arbitrator has not been selected, then either arbitrator
20may request the American Arbitration Association to furnish
21from a current listing of the membership of the National
22Academy of Arbitrators the names of 7 such members of the
23National Academy from which the third arbitrator shall be
24selected. The arbitrators appointed by the Authority and the
25labor organization, promptly after the receipt of such list,
26shall determine by lot the order of elimination, and,

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1thereafter, each shall in that order alternately eliminate one
2name until only one name remains. The remaining person on the
3list shall be the third arbitrator. Each party shall pay
4one-half of the expenses of such arbitration.
5 As used in this subsection, "labor dispute" shall be
6broadly construed and shall include any controversy concerning
7wages, salaries, hours, working conditions, or benefits,
8including health and welfare, sick leave, insurance, or
9pension or retirement provisions, but not limited thereto.
10"Labor dispute" includes any controversy concerning any
11differences or questions that may arise between the parties,
12including, but not limited to, the making or maintaining of
13collective bargaining agreements, the terms to be included in
14such agreements, and the interpretation or application of such
15collective bargaining agreements and any grievance that may
16arise.
17 Section 4.19. Workforce development.
18 (a) The Authority shall create or partner with a youth
19jobs program to provide internship or employment opportunities
20to youth and young adults to prepare them for careers in public
21transportation.
22 (b) The Authority may participate in and provide funding
23support for programs that prepare participants for careers in
24public transportation.

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1 Section 4.20. Disadvantaged business enterprise
2contracting and equal employment opportunity programs.
3 (a) The Authority shall establish and maintain a
4disadvantaged business enterprise contracting program designed
5to ensure nondiscrimination in the award and administration of
6contracts not covered under a federally mandated disadvantaged
7business enterprise program. The program shall establish
8narrowly tailored goals for the participation of disadvantaged
9business enterprises as the Authority determines appropriate.
10The goals shall be based on demonstrable evidence of the
11availability of ready, willing, and able disadvantaged
12business enterprises relative to all businesses ready,
13willing, and able to participate in the program's contracts.
14The program shall require the Authority to monitor the
15progress of the contractors' obligations with respect to the
16program's goals. Nothing in this program shall conflict with
17or interfere with the maintenance or operation of, or
18compliance with, any federally mandated disadvantaged business
19enterprise program.
20 (b) The Authority shall establish and maintain a program
21designed to promote equal employment opportunity. Each year,
22no later than October 1, the Authority shall report to the
23General Assembly on the number of the Authority's respective
24employees and the number of the Authority's respective
25employees who have designated themselves as members of a
26minority group and minority gender.

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1 (c) Each year, no later than October 1, and starting no
2later than the first October 1 after the establishment of its
3disadvantaged business enterprise contracting programs, the
4Authority shall submit a report with respect to such program
5to the General Assembly.
6 (d) Each year, no later than October 1, the Authority
7shall submit a copy of its federally mandated semi-annual
8Uniform Report of Disadvantaged Business Enterprises Awards or
9Commitments and Payments to the General Assembly.
10 (e) The Authority shall use the Illinois Works Job Program
11and other job training and job creation programs to the extent
12allowed by law and operationally feasible.
13 Section 4.21. Research and development. The Authority
14shall:
15 (1) study public transportation problems and
16 developments; encourage experimentation in developing new
17 public transportation technology, financing methods, and
18 management procedures;
19 (2) conduct, in cooperation with other public and
20 private agencies, studies, demonstrations, and development
21 projects to test and develop methods for improving public
22 transportation, for reducing its costs to users, or for
23 increasing public use; and
24 (3) conduct, sponsor, and participate in other studies
25 and experiments, which may include fare demonstration

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1 programs and transportation technology pilot programs, in
2 conjunction with public agencies, including the United
3 States Department of Transportation, the Illinois
4 Department of Transportation, the Illinois State Toll
5 Highway Authority, and the Chicago Metropolitan Agency for
6 Planning, useful to achieving the purposes of this Act.
7 Section 4.22. Protection of the environment.
8 (a) The Authority shall take all feasible and prudent
9steps to minimize environmental disruption and pollution
10arising from its activities and from public transportation
11activities of transportation agencies acting pursuant to
12purchase of service or grant agreements. In carrying out its
13purposes and powers under this Act, the Authority shall seek
14to reduce environmental disruption and pollution arising from
15all forms of transportation of persons within the metropolitan
16region. The Authority shall employ persons with skills and
17responsibilities for determining how to minimize such
18disruption and pollution.
19 (b) In recognition of the fact that the transportation
20sector accounts for approximately a third of the greenhouse
21gases generated in the State and that public transportation
22moves people with fewer such emissions, the Authority shall
23work cooperatively with the Department of Transportation, the
24Illinois State Toll Highway Authority, the Chicago
25Metropolitan Agency for Planning, and other units of

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1government to assist them in using investments in public
2transportation facilities and operations as a tool to help
3them meet their greenhouse gas emissions reduction goals. To
4the maximum extent allowed by law, the Authority is eligible
5to receive funding and other assistance from local, state, and
6federal sources so the Authority can assist in using improved
7and expanded public transportation in the metropolitan region
8to reduce greenhouse gas emissions and other pollution
9generated by the transportation sector.
10 (c) Subject to all applicable laws, the Authority may
11participate in market-based environmental remediation
12programs, including, but not limited to, carbon emissions
13markets, through which the Authority can realize revenue
14reflecting the value of greenhouse gas emissions reductions it
15delivers through public transportation services in the
16metropolitan region.
17 Section 4.23. Bikeways and trails. The Authority may use
18its funds, personnel, and other resources to acquire,
19construct, operate, and maintain on-road and off-road
20bikeways, bike lanes, and trails that connect people to public
21transportation facilities and services. The Authority shall
22cooperate with other governmental and private agencies in
23bikeway and trail programs.
24 Section 4.24. Clean, green, or alternative fuel vehicles.

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1Any vehicles purchased from funds made available to the
2Authority from the Transportation Bond, Series B Fund, or the
3Multi-modal Transportation Bond Fund must incorporate
4technologies advancing energy commonly known as clean or green
5energy and alternative fuel technologies, to the extent
6practical.
7 Section 4.25. Zero-emission buses.
8 (a) As used in this Section:
9 "Zero-emission bus" means a bus that is:
10 (1) designed to carry more than 10 passengers and is
11 used to carry passengers for compensation;
12 (2) a zero-emission vehicle; and
13 (3) not a taxi.
14 "Zero-emission vehicle" means a fuel cell or electric
15vehicle that:
16 (1) is a motor vehicle;
17 (2) is made by a commercial manufacturer;
18 (3) is manufactured primarily for use on public
19 streets, roads, and highways;
20 (4) has a maximum speed capability of at least 55
21 miles per hour;
22 (5) is powered entirely by electricity or powered by
23 combining hydrogen and oxygen, which runs the motor;
24 (6) has an operating range of at least one hundred
25 miles; and

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1 (7) produces only water vapor and heat as byproducts.
2 (b) On or after July 1, 2026, the Authority may not enter
3into a new contract to purchase a bus that is not a
4zero-emission bus for the purpose of the Authority's bus
5fleet.
6 (c) For the purposes of determining compliance with this
7Section, the Authority is not in violation of this Section
8when failure to comply is due to:
9 (i) the unavailability of zero-emission buses from a
10 manufacturer or funding to purchase zero-emission buses;
11 (ii) the lack of necessary charging, fueling, or
12 storage facilities or funding to procure charging,
13 fueling, or storage facilities; or
14 (iii) the inability of a third party to enter into a
15 contractual or commercial relationship with the Authority
16 that is necessary to carry out the purposes of this
17 Section.
18 Section 4.26. City-Suburban Mobility Innovations Program.
19 (a) The Authority may establish a City-Suburban Mobility
20Innovations Program and deposit moneys into a City-Suburban
21Mobility Innovations Fund. Amounts on deposit in the Fund and
22interest and other earnings on those amounts may be used by the
23Authority with the approval of the Board and, after a
24competitive application and scoring process that includes an
25opportunity for public participation, for operating or capital

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1grants or loans to transportation agencies or units of local
2government for the following purposes:
3 (1) providing transit services, other than traditional
4 fixed-route services, that enhance local mobility,
5 including, but not limited to, demand-responsive transit
6 services, ridesharing, van pooling, micromobility and
7 mobility hubs, and first-mile and last-mile services;
8 (2) enhancing safe access to fixed-route transit
9 services for bicyclists and pedestrians through
10 improvements to sidewalk and path networks, bicycle lanes,
11 crosswalks, lighting, and other improvements;
12 (3) offering workforce development and training that
13 provides a pathway for careers in public transportation in
14 the metropolitan region; and
15 (4) testing new technologies, features, and
16 enhancements to the transit system to determine their
17 value and readiness for broader adoption.
18 (b) The Authority shall develop and publish scoring
19criteria that it will use in making awards from the
20City-Suburban Mobility Innovations Fund.
21 (c) Any grantee that receives funds under this Section
22must (i) implement such programs within one year of receipt of
23such funds and (ii) within 2 years following commencement of
24any program using such funds, determine whether it is
25desirable to continue the program, and upon such a
26determination, either incorporate such program into its annual

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1operating budget and capital program or discontinue such
2program. No additional funds under this Section may be
3distributed to a grantee for any individual program beyond 2
4years unless the Board waives this limitation. Any such waiver
5will be with regard to an individual program and with regard to
6a one-year period, and any further waivers for such individual
7program require a subsequent vote of the Board.
8 (d) The Authority may reallocate unused funds deposited
9into the City-Suburban Mobility Innovations Fund to other
10Authority purposes and programs.
11 Section 4.27. Transit-Supportive Development Incentive
12Program.
13 (a) As used in this Section, "transit-supportive
14development" means commercial or residential development that
15is designed to expand the public transportation ridership base
16or to effectively connect transit users to such developments.
17"Transit-supportive development" includes, but is not limited
18to, laws and policies that further these objectives, capital
19improvements that foster communities with high per capita
20transit ridership, and transit operation improvements that
21support efforts to build communities with high per capita
22transit ridership.
23 (b) The Authority may establish a Transit-Supportive
24Development Incentive Program and authorize the deposit of
25Authority moneys into a Transit-Supportive Development

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1Incentive Fund. Amounts on deposit in the fund and interest
2and other earnings on those amounts may be used by the
3Authority, with the approval of its Directors and after a
4competitive application and scoring process that includes an
5opportunity for public participation, for operating or capital
6grants or loans to Service Boards, transportation agencies, or
7units of local government for the following purposes:
8 (1) investment in transit-supportive residential and
9 commercial development, including developments on or in
10 the vicinity of property owned by the Authority, an
11 Operating Division, or a transportation agency;
12 (2) grants to local governments to help cover the cost
13 of drafting and implementing land use, parking, and other
14 laws that are intended to encourage and will reasonably
15 have the effect of allowing or supporting
16 transit-supportive residential and commercial
17 development; and
18 (3) providing resources for increased public
19 transportation service in and around transit-supportive
20 residential and commercial developments, especially newly
21 created transit-supportive developments.
22 (c) The Authority shall develop and publish scoring
23criteria that it will use in making awards from the
24Transit-Supportive Development Incentive Fund. Such scoring
25criteria shall prioritize high-density development in and in
26the near vicinity of public transportation stations and routes

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1and shall prioritize projects that (i) are likely to increase
2per capita public transportation ridership, (ii) serve
3disadvantaged and transit populations, and (iii) are located
4in jurisdictions that have land use and other policies that
5encourage the level of residential density and concentration
6of businesses in walkable districts accessible by public
7transportation required to support financially viable public
8transportation service with substantial ridership.
9 (d) Any grantee that receives funds under this Section
10must (i) implement such programs within one year of receipt of
11such funds and (ii) within 2 years following commencement of
12any program utilizing such funds, determine whether it has
13resulted in increased use of public transit by those residing
14in the area covered by the program or those accessing the area
15from outside the area. No additional funds under this Section
16may be distributed to a grantee for any individual program
17beyond 2 years unless the Board of the Authority waives this
18limitation. Any such waiver will be with regard to an
19individual program and with regard to a one-year period, and
20any further waivers for such individual program require a
21subsequent vote of the Board.
22 (e) The Authority may reallocate unused funds deposited
23into the Transit-Supportive Development Incentive Fund to
24other Authority purposes and programs.
25 Section 4.28. Coordination with planning agencies. The

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1Authority shall cooperate with the various public agencies
2charged with the responsibility for long-range or
3comprehensive planning for the metropolitan region. The
4Authority shall use the forecasts and plans of the Chicago
5Metropolitan Agency for Planning in developing the Strategic
6Plan, Five-Year Capital Program, and Service Standards. The
7Authority shall, prior to the adoption of a Strategic Plan or
8Five-Year Capital Program, submit its proposals to such
9agencies for review and comment. The Authority may make use of
10existing studies, surveys, plans, data, and other materials in
11the possession of a State agency or department, a planning
12agency, or a unit of local government.
13 Section 4.29. Planning activities.
14 (a) The Authority may adopt subregional or corridor plans
15for specific geographic areas of the metropolitan region in
16order to improve the adequacy, efficiency, equity, and
17coordination of existing, or the delivery of new, public
18transportation. Such plans may also address areas outside the
19metropolitan region that may impact public transportation use
20in the metropolitan region.
21 (b) In preparing a subregional or corridor plan, the
22Authority may examine travel markets, demographic shifts,
23changes in passenger behavior, preferences, or attitudes, and
24other pertinent factors to identify changes in operating
25practices or capital investment in the subregion or corridor

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1that could increase ridership, reduce costs, improve
2coordination, or enhance transit-oriented development.
3 (c) The Authority shall have principal responsibility for
4initiating any alternatives analysis and preliminary
5environmental assessment required by federal or State law for
6any new public transportation service or facility in the
7metropolitan region in addition to conducting public and
8stakeholder engagement activities to inform planning
9decisions.
10 Section 4.30. Protection against crime; transit ambassador
11program.
12 (a) The Authority shall cooperate with the various State,
13municipal, county, and transportation agency police forces in
14the metropolitan region for the protection of employees and
15consumers of public transportation services and public
16transportation facilities against crime.
17 (b) The Authority may provide by ordinance for an
18Authority police force to aid, coordinate, and supplement
19other police forces in protecting persons and property and
20reducing the threats of crime with regard to public
21transportation. Such police shall have the same powers with
22regard to the protection of persons and property as those
23exercised by police of municipalities and may include members
24of other police forces in the metropolitan region.
25 (c) The Authority shall establish minimum standards for

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1selection and training of members of a police force employed
2by the Authority. Training shall be accomplished at schools
3certified by the Illinois Law Enforcement Training Standards
4Board established pursuant to the Illinois Police Training
5Act. Such training is subject to the rules and standards
6adopted pursuant to Section 7 of that Act. The Authority may
7participate in any training program conducted under that Act.
8 (d) The Authority may provide for the coordination or
9consolidation of security services and police forces
10maintained with regard to public transportation services and
11facilities by various transportation agencies and may contract
12with any municipality or county in the metropolitan region to
13provide protection of persons or property with regard to
14public transportation. Employees of the Authority or of any
15transportation agency affected by any action of the Authority
16under this Section are covered under the protections set forth
17in Section 4.15.
18 (e) The Authority shall implement a transit ambassador
19program following industry best practices to improve safety
20and customer service in the public transportation system.
21 (f) The Authority shall evaluate the efficacy of policing
22and transit ambassador programs on a regular basis, no less
23than every 5 years in conjunction with its adoption of its
24Strategic Plan, and make appropriate adjustments to such
25programs.
26 (g) The Authority may perform fare inspections and issue

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1fare violation tickets using personnel other than law
2enforcement, including transit ambassadors.
3 (h) Neither the Authority nor any of their Directors,
4officers, or employees may be held liable for failure to
5provide a security or police force or, if a security or police
6force is provided, for failure to provide adequate police
7protection or security, failure to prevent the commission of
8crimes by fellow passengers or other third persons, or for the
9failure to apprehend criminals.
10 Section 4.31. Traffic law enforcement.
11 (a) The Authority may cooperate with local governments and
12law enforcement agencies in the metropolitan region on the
13enforcement of laws designed to protect the quality and safety
14of public transportation operations, such as laws prohibiting
15unauthorized vehicles from blocking bus stops, bus lanes, or
16other facilities dedicated for use by transit vehicles and
17transit users.
18 (b) Local governments and law enforcement agencies in the
19metropolitan region are authorized to accept photographic,
20video, or other records derived from cameras and other sensors
21on public transportation vehicles and facilities as prima
22facie evidence of a violation of laws that protect the quality
23and safety of public transportation operations.
24 (c) The Authority may establish by rule an enforcement
25program that covers jurisdictions in the metropolitan region

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1that lack laws that protect the quality and safety of public
2transportation operations or that, in the Authority's sole
3discretion, fail to adequately enforce such laws.
4 (d) An enforcement program established under this Section
5shall contain the following elements:
6 (1) clear definitions of what constitutes a violation,
7 such as specifying the number of feet around bus stops
8 where unauthorized vehicles are prohibited from parking;
9 (2) publication on the Authority's website of
10 descriptions and locations of public transportation
11 facilities that are subject to the Authority's enforcement
12 program and other pertinent information about the
13 enforcement program;
14 (3) a description of the types of evidence, such as
15 bus camera photos or video, which are sufficient to make a
16 prima facie case that a vehicle or person has violated an
17 Authority enforcement rule;
18 (4) provision of adequate notice of an alleged
19 violation to the registered owner of the vehicle, such as
20 notice by first-class mail;
21 (5) an administrative adjudication process that gives
22 registered vehicle owners an opportunity to be heard by a
23 neutral party appointed by the Authority;
24 (6) a process through which vehicle lessors may
25 transfer responsibility for a violation to lessees of
26 their vehicles;

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1 (7) use of Internet tools, such as remote hearings and
2 allowance of online submission of documents contesting an
3 alleged violation, to provide alleged violators an
4 adequate opportunity to contest their alleged violation;
5 and
6 (8) violation fees that are no higher than the highest
7 administrative fees imposed for similar violations by
8 other public agencies in the metropolitan region.
9 (e) The Authority shall:
10 (1) cooperate with local governments and law
11 enforcement agencies to help improve their enforcement of
12 their laws that are designed to improve the quality and
13 safety of public transportation operations; and
14 (2) inform and consult with local governments and law
15 enforcement agencies in jurisdictions in which the
16 Authority is establishing and operating an enforcement
17 program under subsections (c) and (d).
18 (f) In its enforcement programs, if any, under subsection
19(c) and through its cooperation with local governments and law
20enforcement agencies on their enforcement programs, the
21Authority shall strive for as much standardization as feasible
22throughout the metropolitan region in enforcement programs
23designed to improve the quality and safety of public
24transportation operations.
25 Section 4.32. Suspension of riding privileges and

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1confiscation of fare media.
2 (a) As used in this Section, "demographic information"
3includes, but is not limited to, age, race, ethnicity, gender,
4and housing status, as that term is defined under Section 10 of
5the Bill of Rights for the Homeless Act.
6 (b) Suspension of riding privileges and confiscation of
7fare media are limited to:
8 (1) violations where the person's conduct places
9 public transportation employees or passengers in
10 reasonable apprehension of a threat to their safety or the
11 safety of others, including assault and battery, as those
12 terms are used in Sections 12-1 and 12-3 of the Criminal
13 Code of 2012;
14 (2) violations where the person's conduct places
15 public transportation employees or passengers in
16 reasonable apprehension of a threat of a criminal sexual
17 assault, as that term is used under Section 11-1.20 of the
18 Criminal Code of 2012; and
19 (3) violations involving an act of public indecency,
20 as that term is used in Section 11-30 of the Criminal Code
21 of 2012.
22 (c) Written notice shall be provided to an individual
23regarding the suspension of the individual's riding privileges
24or confiscation of fare media. The notice shall be provided in
25person at the time of the alleged violation, except that, if
26providing notice in person at the time of the alleged

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1violation is not practicable, then the Authority shall make a
2reasonable effort to provide notice to the individual by
3personal service, by mailing a copy of the notice by certified
4mail, return receipt requested, by first-class mail to the
5person's current address, or by emailing a copy of the notice
6to an email address on file, if available. If the person is
7known to be detained in jail, service shall be made as provided
8under Section 2-203.2 of the Code of Civil Procedure. The
9written notice shall be sufficient to inform the individual
10about the following:
11 (1) the nature of the suspension of riding privileges
12 or confiscation of fare media;
13 (2) the person's rights and available remedies to
14 contest or appeal the suspension of riding privileges or
15 confiscation of fare media and to apply for reinstatement
16 of riding privileges; and
17 (3) the procedures for adjudicating whether a
18 suspension or confiscation is warranted and for applying
19 for reinstatement of riding privileges, including the time
20 and location of any hearing.
21 (d) The process to determine whether a suspension or
22riding privileges or confiscation of fare media is warranted
23and the length of the suspension shall be concluded within 30
24business days after the individual receives notice of the
25suspension or confiscation.
26 (e) Notwithstanding any other provision of this Section, a

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1person may not be denied the ability to contest or appeal a
2suspension of riding privileges or confiscation of fare media
3or to attend an in-person or virtual hearing to determine
4whether a suspension or confiscation was warranted because the
5person was detained in a jail.
6 (f) The Authority shall create an administrative
7suspension hearing process as follows:
8 (1) the Authority shall designate an official to
9 oversee the administrative process to decide whether a
10 suspension is warranted and the length of the suspension;
11 (2) the accused and related parties, including legal
12 counsel, may attend this hearing in person, by telephone,
13 or virtually;
14 (3) the Authority shall present the suspension-related
15 evidence and outline the evidence that supports the need
16 for the suspension;
17 (4) the accused or the accused's legal counsel may
18 present and make an oral or written presentation and offer
19 documents, including affidavits, in response to the
20 Authority's evidence;
21 (5) the Authority's designated official shall make a
22 finding on the suspension;
23 (6) the value of unexpended credit or unexpired passes
24 shall be reimbursed upon suspension of riding privileges
25 or confiscation of fare media;
26 (7) the alleged victims of the violation and related

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1 parties, including witnesses who were present, may attend
2 this hearing in person, by telephone, or virtually; and
3 (8) the alleged victims of the violation and related
4 parties, including witnesses who were present, may present
5 and make an oral or written presentation and offer
6 documents, including affidavits, in response to the
7 Authority's evidence.
8 (g) The Authority shall create a process to appeal and
9reinstate ridership privileges. This information shall be
10provided to the suspended rider at the time of the Authority's
11findings. A suspended rider is entitled to an appeal after the
12Authority's finding to suspend the person's ridership. A
13suspended rider may petition the Authority to reinstate the
14person's ridership privileges one calendar year after the
15Authority's suspension finding if the length of the suspension
16is more than one year.
17 (h) The Authority shall collect, report, and make publicly
18available quarterly the number and demographic information of
19people subject to suspension of riding privileges or
20confiscation of fare media; the conduct leading to the
21suspension or confiscation; and the location and description
22of the location where the conduct occurred, such as
23identifying the transit station or transit line, the date, and
24the time of day of the conduct, a citation to the statutory
25authority for which the accused person was arrested or
26charged, the amount, if any, on the fare media, and the length

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1of the suspension.
2 Section 4.33. Domestic Violence and Sexual Assault
3Transportation Assistance Program.
4 (a) The Authority shall continue the Domestic Violence and
5Sexual Assault Regional Transit Authority Public
6Transportation Assistance Program established by the Regional
7Transportation Authority Act (repealed) to serve residents of
8the metropolitan region. Through this Program, the Authority
9shall issue monetarily preloaded mass transit cards to The
10Network: Advocating Against Domestic Violence for survivor and
11victim use of public transportation in the metropolitan
12region.
13 (b) The Authority shall coordinate with The Network:
14Advocating Against Domestic Violence to issue no less than
1525,000 monetarily preloaded mass transit cards with a value of
16$20 per card for distribution to domestic violence and sexual
17assault service providers throughout the Authority's
18jurisdiction.
19 (c) The mass transit card shall be plastic or laminated
20and wallet-sized, contain no information that would reference
21domestic violence or sexual assault services, and have no
22expiration date. The cards shall also be available
23electronically and shall be distributed to domestic violence
24and sexual assault direct service providers to distribute to
25survivors.

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1 (d) The creation of the Program shall include an
2appointment of a domestic violence or sexual assault program
3service provider or a representative of the service provider's
4choosing to the Authority's Citizen Advisory Board.
5 (e) The Network: Advocating Against Domestic Violence
6shall provide an annual report of the program, including a
7list of service providers receiving the mass transit cards,
8the total number of cards received by each service provider,
9and an estimated number of survivors and victims of domestic
10violence and sexual assault participating in the program. The
11report shall also include survivor testimonies of the program
12and shall include recommendations on improving implementation
13of the Program. The first report shall be provided to the
14Authority one calendar year after the creation of the Program.
15 (f) In partnership with The Network: Advocating Against
16Domestic Violence, the Authority shall report this information
17to the Board and the Citizen Advisory Board and compile an
18annual report of the Program to the General Assembly and to
19domestic violence and sexual assault service providers in the
20service providers' jurisdiction and include recommendations
21for improving implementation of the Program.
22 Section 4.34. Safety.
23 (a) The Authority shall establish, enforce, and facilitate
24achievement and maintenance of standards of safety with
25respect to public transportation provided by the Authority or

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1by transportation agencies pursuant to purchase of service or
2grant agreements.
3 (b) In recognition of the fact that travel by public
4transportation is significantly safer than travel by other
5means of surface transportation, the Authority shall work
6cooperatively with the Department of Transportation, the
7Illinois State Toll Highway Authority, the Chicago
8Metropolitan Agency for Planning, and other units of
9government to assist them in using investments in public
10transportation facilities and operations as a tool to help the
11Department and units of local government meet their roadway
12crash, fatality, and serious injury reduction goals. To the
13maximum extent allowed by law, the Authority is eligible to
14receive funding and other assistance from local, state, and
15federal sources so the Authority can assist in using improved
16and expanded public transportation in the metropolitan region
17to improve safety in the surface transportation sector.
18 (c) The security portion of the system safety program,
19investigation reports, surveys, schedules, lists, or data
20compiled, collected, or prepared by or for the Authority under
21this subsection is exempt from disclosure under the Freedom of
22Information Act, shall not be subject to discovery or admitted
23into evidence in federal or State court, or shall not be
24considered for other purposes in any civil action for damages
25arising from any matter mentioned or addressed in such
26reports, surveys, schedules, lists, data, or information.

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1 (d) Neither the Authority nor its directors, officers, or
2employees may not be held liable in any civil action for any
3injury to any person or property for any acts or omissions or
4failure to act under this Section or pursuant to 49 CFR Part
5659.
6 (e) Nothing in this Section alleviates an individual's
7duty to comply with the State Officials and Employees Ethics
8Act.
9 Section 4.35. Competition. It is the policy of this State
10that all powers granted, either expressly or by necessary
11implication, by this Act or any other Illinois statute to the
12Authority may be exercised by the Authority notwithstanding
13effects on competition. It is the intention of the General
14Assembly that the state action exemption to the application of
15federal antitrust statutes be fully available to the Authority
16to the extent its activities are authorized by law as stated
17herein.
18 Section 4.36. Prompt payment. Purchases made pursuant to
19this Act shall be made in compliance with the Local Government
20Prompt Payment Act.
21
Article V. ACCOUNTABILITY
22 Section 5.01. Director selection process. The following

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1requirements apply to the appointing authorities for Directors
2of the Board and members of the Citizens Advisory Board:
3 (1) Those responsible for appointing Directors shall
4 strive to assemble a set of Board members that, to the
5 greatest extent possible, reflects the ethnic, cultural,
6 economic, and geographic diversity of the metropolitan
7 region.
8 (2) The Authority shall implement the following
9 process to provide public input into the Director
10 selection process and bring qualified Board member
11 candidates to the attention of the appointing authorities:
12 (A) At least 90 days before the expiration of the
13 term of a Director, or upon notice of the resignation,
14 death, or removal of a Director, the Authority shall
15 issue and publicize a request for applications and
16 nominations to fill that Director position. The
17 request shall provide at least 30 days for submission
18 of applications and nominations.
19 (B) As soon as practical after the closure of the
20 period for applications and nominations, the Authority
21 shall publicly post the names and a summary of the
22 background and qualifications of at least 2
23 individuals that the appointing authority believes are
24 qualified to fill the Director position. Such
25 individuals may but need not be from among those
26 people who applied for or were nominated to fill the

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1 Director position pursuant to subparagraph (A). The
2 posting shall give the public instructions for how
3 they may comment on those individuals identified by
4 the appointing authority and give them at least 21
5 days to submit such comments.
6 (C) After considering comments submitted under
7 subparagraph (B), the appointing authority may proceed
8 with the appointment process as long as the appointing
9 authority appoints as a Director a person who was
10 first identified under subparagraph (B), or the
11 appointing authority may cause the Authority, pursuant
12 to subparagraph (B), to post a new set of individuals
13 who are qualified to fill the Director position and
14 follow the process required by subparagraphs (B) and
15 (C) until the new Director is appointed and qualified.
16 (D) The Authority shall commence the process set
17 forth in this paragraph (2) sufficiently in advance of
18 the date of the anticipated vacancy on the Board to
19 minimize the duration of such vacancy.
20 Section 5.02. System usage requirements.
21 (a) Each calendar quarter, the Authority shall collect and
22publish the number of trips taken by each Director by public
23transportation in the metropolitan region.
24 (b) The Board may adopt rules governing system usage by
25Directors consistent with the intention of this Act that the

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1Directors overseeing the public transportation system of the
2metropolitan region should have substantial ridership
3experience on that system.
4 (c) The Board may adopt public transportation system usage
5requirements for the executives and staff of the Authority
6that are no less demanding than public transportation system
7ridership requirements applicable to Directors. System
8ridership requirements may be included in performance-based
9compensation systems established under Section 5.04.
10 (d) The Authority may incorporate public transportation
11system usage requirements into its agreements with
12transportation agencies and goods and services providers.
13 (e) The Authority shall put in place reasonable mechanisms
14to ensure against efforts to evade public transportation
15system ridership requirements imposed under this Section.
16 Section 5.03. Director attendance requirement.
17 (a) The Board shall adopt rules regarding the required
18frequency of Director attendance at Board meetings.
19 (b) The failure of a Director to meet the Director
20attendance requirement shall constitute sufficient grounds for
21removal of that Director from the Board under subsection (a)
22of Section 2.08.
23 Section 5.04. Employment agreements; performance-based
24compensation.

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1 (a) By no later than one year after the effective date of
2this Act, after consideration of best practices for executive
3compensation, the Authority shall enter into written
4employment agreements with at least the 5 most senior staff
5executives or officers of the Authority.
6 (b) The Authority may implement a performance-based
7compensation system. A performance-based compensation system
8established under this subsection must tie a significant
9portion of senior executive compensation to the achievement or
10nonachievement of performance standards that relate to the
11quality of public transit services delivered to the public.
12 (c) Each senior executive participating in a
13performance-based compensation system must enter into an
14employment agreement with the Authority that describes the
15performance-based compensation system and contains the other
16terms and conditions of employment.
17 (d) If it implements a performance-based compensation
18system, the Board shall annually review and approve
19performance incentive compensation adjustments, positive or
20negative, for senior executives of the Authority under the
21performance-based compensation system.
22 (e) Subject to any applicable collective bargaining
23agreement, the Authority may extend the performance-based
24compensation system to include more staff positions at the
25Authority.
26 (f) The Authority may incorporate performance-based

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1compensation system requirements into its agreements with
2transportation agencies and goods and services providers.
3 Section 5.05. Revolving door prohibition. A Director,
4Citizen Advisory Board member, former Director, or former
5Citizen Advisory Board member shall, during the Director's or
6member's, or former Director's or former member's, term, and
7for a period of one year immediately after the end of the
8Director's or member's, or former Director's or former
9member's, term, engage in business dealings with, knowingly
10accept employment from, or receive compensation or fees for
11services from the Authority. This prohibition does not apply
12to any business dealings engaged in by the Director or member
13in the course of the Director's or member's official duties or
14responsibilities as a Director or member.
15 Section 5.06. Public plans. The Authority shall implement
16its responsibilities in 5 public documents adopted by its
17Directors: a Strategic Plan; a Five-Year Capital Program; an
18Annual Capital Improvement Plan; an Annual Budget and Two-Year
19Financial Plan; and Service Standards.
20 Section 5.07. Strategic Plan.
21 (a) The Authority shall adopt a Strategic Plan, no less
22than every 5 years, after holding a minimum of one public
23hearing in each of the counties in the metropolitan region.

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1 (b) To the maximum extent feasible, the Authority shall
2adopt its Strategic Plan on a similar schedule as the regional
3comprehensive plan adopted by the Chicago Metropolitan Agency
4for Planning.
5 (c) In developing the Strategic Plan, the Authority shall
6rely on such demographic and other data, forecasts, and
7assumptions developed by the Chicago Metropolitan Agency for
8Planning with respect to the patterns of population density
9and growth, projected commercial and residential development,
10and environmental factors within the metropolitan region and
11in areas outside the metropolitan region that may impact
12public transportation use in the metropolitan region.
13 (d) The Authority shall also consult with the Department
14of Transportation's Office of Planning and Programming, the
15Illinois State Toll Highway Authority, and municipal and
16county departments of transportation when developing the
17Strategic Plan.
18 (e) Before adopting or amending a Strategic Plan, the
19Authority shall consult with the Chicago Metropolitan Agency
20for Planning regarding the consistency of the Strategic Plan
21with the Regional Comprehensive Plan adopted pursuant to the
22Regional Planning Act.
23 (f) The Authority may use staff of the Chicago
24Metropolitan Agency for Planning for planning-related purposes
25on terms and conditions acceptable to the Authority and the
26Chicago Metropolitan Agency for Planning.

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1 (g) The Strategic Plan shall describe the specific actions
2to be taken by the Authority to provide adequate, efficient,
3equitable, and coordinated public transportation.
4 (h) The Strategic Plan shall identify goals and objectives
5with respect to:
6 (1) increasing ridership and passenger miles on public
7 transportation funded by the Authority;
8 (2) coordination of public transportation services and
9 the investment in public transportation facilities to
10 enhance the integration of public transportation
11 throughout the metropolitan region;
12 (3) coordination of fare and transfer policies to
13 promote transfers by riders among public transportation
14 modes;
15 (4) improvements in public transportation facilities
16 to bring those facilities into a state of good repair,
17 enhancements that attract ridership and improve customer
18 service, and expansions needed to serve areas with
19 sufficient demand for public transportation;
20 (5) access for transit-dependent populations,
21 including access by low-income communities to places of
22 employment, using analyses provided by the Chicago
23 Metropolitan Agency for Planning regarding employment and
24 transportation availability and considering the location
25 of employment centers in each county and the availability
26 of public transportation at off-peak hours and on

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1 weekends;
2 (6) the financial viability of the public
3 transportation system, including both operating and
4 capital programs;
5 (7) improving roadway operations within the
6 metropolitan region and enhancing transit options to
7 improve mobility;
8 (8) land use policies, practices, and incentives that
9 will make more effective use of public transportation
10 services and facilities as community assets and encourage
11 the siting of businesses, homes, and public facilities
12 near public transportation services and facilities to
13 provide convenient and affordable travel for residents,
14 customers, and employees in the metropolitan region;
15 (9) policies, practices, and incentives that will
16 better integrate public transportation with other active
17 modes of transportation; and
18 (10) other goals and objectives that advance the
19 policy of the State to provide adequate, efficient,
20 equitable and coordinated public transportation in the
21 metropolitan region.
22 (i) The Strategic Plan shall establish the process and
23criteria by which proposals for capital improvements by the
24Authority or a transportation agency shall be evaluated by the
25Authority for inclusion in the Five-Year Capital Program,
26which shall be in accordance with the prioritization process

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1set forth in Section 5.08, and may include criteria for:
2 (1) allocating funds among maintenance, enhancement,
3 and expansion improvements;
4 (2) projects to be funded from the City-Suburban
5 Mobility Innovations Fund;
6 (3) projects intended to improve or enhance ridership
7 or customer service;
8 (4) design and location of station or transit
9 improvements intended to promote transfers, increase
10 ridership, and support transit-oriented land development;
11 (5) assessing the impact of projects on the ability to
12 operate and maintain the existing transit system; and
13 (6) other criteria that advance the goals and
14 objectives of the Strategic Plan.
15 (j) The Strategic Plan shall identify innovations to
16improve the delivery of public transportation and the
17construction of public transportation facilities, including
18new vehicle technologies, operational practices, financial
19arrangements, and other innovations that may benefit the
20metropolitan region.
21 (k) The Strategic Plan shall extend on the plans adopted
22pursuant to Sections 5.09, 5.10, 5.11, and 5.12 and describe
23the expected financial condition of public transportation in
24the metropolitan region prospectively over a 10-year period,
25which may include information about the cash position and all
26known obligations of the Authority, including operating

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1expenditures, debt service, contributions for payment of
2pension and other post-employment benefits, the expected
3revenues from fares, tax receipts, grants from the federal,
4State, and local governments for operating and capital
5purposes and issuance of debt, the availability of working
6capital, and the additional resources, if any, needed to
7achieve the goals and objectives described in the Strategic
8Plan. The Strategic Plan shall outline the Authority's plan
9for dealing with any projected shortfall in financial
10resources necessary to keep public transportation facilities
11in a state of good repair and to deliver public transportation
12services that meet Service Standards adopted pursuant to
13Section 5.11.
14 (l) The Executive Director of the Authority shall review
15the Strategic Plan on an ongoing basis and make
16recommendations to the Board with respect to any update or
17amendment of the Strategic Plan.
18 Section 5.08. Prioritization process for transit capital
19projects.
20 (a) The Authority shall develop a transparent
21prioritization process for metropolitan region transit capital
22projects to identify projects that will most effectively
23achieve the goals of the Strategic Plan and improve the
24quality of public transportation services contemplated by the
25Service Standards.

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1 (b) The Authority shall use the prioritization process
2when developing its Five-Year Capital Program pursuant to
3Section 5.09 and for its other capital planning processes.
4 (c) The prioritization process must consider, at a
5minimum:
6 (1) increasing access to key destinations such as
7 jobs, retail, healthcare, and recreation;
8 (2) reliability improvement;
9 (3) capacity needs;
10 (4) safety:
11 (5) state of good repair;
12 (6) racial equity and mobility justice;
13 (7) environmental protection;
14 (8) the Service Standards; and
15 (9) economic development.
16 (d) All capital funding awards shall be made by the
17Authority in accordance with the prioritization process. An
18appropriate public input process shall be established. The
19Authority shall make a report to the General Assembly each
20year describing the prioritization process and its use in
21funding awards.
22 (e) A summary of the project evaluation process, measures,
23program, and scores or prioritization criteria for all
24candidate projects shall be published on the Authority's
25website in a timely manner.
26 (f) No project shall be included in the Five-Year Capital

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1Program, or amendments to that Program, without being
2evaluated under the selection process described in this
3Section.
4 Section 5.09. Five-Year Capital Program.
5 (a) The Authority, after holding a minimum of one public
6hearing in each of the counties in the metropolitan region,
7shall each year adopt a Five-Year Capital Program that shall
8include each capital improvement to be undertaken by the
9Authority or on behalf of the Authority by a transportation
10agency.
11 (b) The Authority shall prepare and publish its
12preliminary Five-Year Capital Program by October 15 of each
13year based on any criteria for capital improvements contained
14in the Strategic Plan, the capital project prioritization
15process established in Section 5.08, the Service Standards,
16the transit asset management plans required by 49 CFR 625.25,
17and other criteria determined by the Authority so long as the
18improvements are not inconsistent with any subregional or
19corridor plan adopted by the Authority and can be funded
20within amounts available with respect to the capital and
21operating costs of such improvement.
22 (c) The Authority shall give priority to improvements that
23are intended to bring public transportation facilities into a
24state of good repair.
25 (d) Before adopting a Five-Year Capital Program, the

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1Authority shall consult with the Chicago Metropolitan Agency
2for Planning regarding the consistency of the Five-Year
3Capital Program with the Regional Comprehensive Plan adopted
4pursuant to the Regional Planning Act.
5 (e) The Authority shall adopt a final Five-Year Capital
6Program prior to the beginning of the next fiscal year.
7 Section 5.10. Annual Capital Improvement Plan.
8 (a) Each year, the Authority shall prepare as part of its
9Five-Year Capital Program an Annual Capital Improvement Plan,
10which shall include the following information:
11 (1) a list of projects for which approval is sought
12 from the Governor, with a description of each project
13 stating at a minimum the project cost, its category, its
14 location, and the entity responsible for its
15 implementation;
16 (2) a certification by the Authority that the
17 Authority applied for all grants, loans, and other moneys
18 made available by the federal government or the State of
19 Illinois during the preceding federal and State fiscal
20 years for financing its capital development activities;
21 (3) a certification that, as of September 30 of the
22 preceding calendar year or any later date, the balance of
23 all federal capital grant funds and all other funds to be
24 used as matching funds therefore which were committed to
25 or possessed by the Authority but which had not been

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1 obligated was less than $500,000,000, or a greater amount
2 as authorized in writing by the Governor. As used in this
3 paragraph, "obligated" means committed to be paid by the
4 Authority under a contract with a nongovernmental entity
5 in connection with the performance of a project or
6 committed under a force account plan approved by the
7 federal government;
8 (4) a certification that the Authority has adopted a
9 balanced budget with respect to such calendar year under
10 Section 5.12;
11 (5) a schedule of all bonds or notes previously issued
12 for Strategic Capital Improvement Projects and all debt
13 service payments to be made with respect to all such bonds
14 and the estimated additional debt service payments through
15 June 30 of the following calendar year expected to result
16 from bonds to be sold prior thereto;
17 (6) a long-range summary of the Strategic Capital
18 Improvement Program describing the projects to be funded
19 through the Program with respect to project cost,
20 category, location, and implementing entity, and
21 presenting a financial plan, including an estimated time
22 schedule for obligating funds for the performance of
23 approved projects, issuing bonds, expending bond proceeds,
24 and paying debt service throughout the duration of the
25 Program; and
26 (7) the source of funding for each project in the

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1 Plan. For any project for which full funding has not yet
2 been secured and that is not subject to a federal full
3 funding contract, the Authority must identify alternative,
4 dedicated funding sources available to complete the
5 project. The Governor may waive this requirement on a
6 project-by-project basis.
7 (b) The Authority shall submit the Plan, with respect to
8any calendar year, to the Governor on or before January 15 of
9that year or as soon as possible thereafter. Any revision in
10the projects approved shall require the Governor's approval.
11 (c) The Authority shall seek approval from the Governor
12only through the Plan or an amendment to the Plan. The
13Authority shall not request approval of the Plan from the
14Governor in any calendar year in which it is unable to make the
15certifications required under paragraphs (2), (3), and (4) of
16subsection (a). The Authority may not seek approval of the
17Plan from the Governor for projects in an aggregate amount
18exceeding the proceeds of bonds or notes for Strategic Capital
19Improvement Projects issued under Section 6.05.
20 (d) The Governor may approve the Plan for which approval
21is requested. The Governor's approval is limited to the amount
22of the project cost stated in the Plan. The Governor shall not
23approve the Plan in a calendar year if the Authority is unable
24to make the certifications required under paragraphs (2), (3),
25and (4) of subsection (a). The Governor may not approve the
26Plan for projects in an aggregate amount exceeding the

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1proceeds of bonds or notes for Strategic Capital Improvement
2Projects issued under Section 6.05.
3 (e) With respect to capital improvements, only those
4capital improvements which are in a Plan approved by the
5Governor shall be financed with the proceeds of bonds or notes
6issued for Strategic Capital Improvement Projects.
7 (f) Before the Authority obligates any funds for a project
8for which the Authority intends to use the proceeds of bonds or
9notes for Strategic Capital Improvement Projects, but which
10project is not included in an approved Plan, the Authority
11must notify the Governor of the intended obligation. Project
12costs incurred prior to approval of the Plan, including that
13project, may not be paid from the proceeds of bonds or notes
14for Strategic Capital Improvement Projects issued under
15Section 6.05.
16 Section 5.11. Service Standards.
17 (a) The Authority shall adopt Service Standards in
18conjunction with its Strategic Plan and Five-Year Capital
19Program.
20 (b) The Service Standards shall identify quantitative and
21qualitative attributes of quality public transit service using
22metrics drawn from the performance of high-quality transit
23systems in global metropolitan areas with comparable
24populations and metropolitan economies as the metropolitan
25region.

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1 (c) The Service Standards shall include a framework that
2describes the appropriate characteristics for each type of
3service or mode. These characteristics include, but are not
4limited to, mode, frequency, time span, vehicle type, stop
5spacing, vehicle and stop amenities, network connectivity,
6route directness, route deviation, and coverage of service.
7 (d) The Service Standards shall include the transition of
8commuter rail in the metropolitan region to a regional rail
9service pattern or the retention of commuter rail with
10additional regional rail service.
11 (e) The Service Standards shall cover the entire
12metropolitan region and include the development of transit
13propensity thresholds for each type of service or mode.
14Transit propensity metrics shall include, but are not limited
15to, population density, employment density, low-income
16populations, disabled populations, zero-car households,
17intersection density, and the presence of sidewalks. Weights
18should be developed for each metric and a scoring system
19developed to determine transit propensity. The production of a
20transit propensity assessment shall be conducted for any
21proposed new or modified services and constrained to a service
22or route estimated catchment area. Final determination of the
23eligibility of each type of service or mode for an area is
24subject to qualitative review by the Authority once the
25propensity assessment is completed, reviewed, and evaluated.
26 (f) A local government or group of local governments may

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1petition the Authority to increase the level of transit
2service provided above what would otherwise be provided
3through the Service Standards. If a local government or group
4of local governments demonstrates that the local government or
5group of local governments have created a transit support
6overlay district under the Transit-Supportive Development Act
7or have adopted zoning and other changes that the Authority
8determines has benefits to the transit system greater than or
9equal to a transit support overlay district, the Authority
10shall designate a preliminary amendment to the applicable
11Service Standards for that area commensurate with the expected
12increase in transit propensity. The Authority shall determine
13the incremental cost of providing the service and present it
14to the local government or group of local governments. Upon
15execution of an agreement for the local government or group of
16local governments to provide funding for 12 months to the
17Authority equal to the incremental cost of providing the
18additional service, the Authority shall finalize the Service
19Standards amendment, and the Authority shall budget for and
20provide the increased service. For service to be provided
21within or substantially within Qualified Census Tracts as
22identified by the U.S. Department of Housing and Urban
23Development, the Office of Transit-Oriented Development shall
24provide a 50% cost share to the Authority for the increased
25transit service associated with the Service Standards
26amendment. The Authority may develop plans to assist local

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1governments in identifying corridors where additional service
2could be provided through the mechanism described in this
3subsection.
4 (g) The Service Standards shall be adjusted as appropriate
5to accommodate the addition of modes of public transportation
6not currently being provided by the Authority, which may
7include, but is not limited to: streetcar; light rail;
8full-scale bus rapid transit; a transition from commuter rail
9to regional rail or a combination of commuter and regional
10rail; and electrified versions of current combustion engine
11vehicle systems.
12 (h) The Service Standards shall be used to update or
13otherwise inform the provision of the Authority's Title VI and
14environmental justice policies.
15 (i) The Board shall review and make any necessary
16adjustments to the Service Standards at least once every 5
17years in conjunction with its adoption of the Authority's
18Strategic Plan.
19 (j) The Authority shall compile and publish reports
20comparing the actual public transportation system performance
21measured against the Service Standards. Such performance
22measures shall include customer-related performance data
23measured by line, route, or subregion, as determined by the
24Authority, on at least the following:
25 (1) travel times and on-time performance;
26 (2) ridership data;

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1 (3) equipment failure rates;
2 (4) employee and customer safety;
3 (5) crowding;
4 (6) cleanliness of vehicles and stations;
5 (7) service productivity; and
6 (8) customer satisfaction.
7 (k) Transportation agencies that receive funding from the
8Authority shall prepare and submit to the Authority such
9reports with regard to these performance measures in the
10frequency and form required by the Authority. The Authority
11shall compile and publish such reports on its website on a
12regular basis, no less than monthly.
13 (l) The Service Standards and performance measures shall
14not be used as the basis for disciplinary action against any
15employee of the Authority, except to the extent the employment
16and disciplinary practices of the Authority provide for such
17action.
18 Section 5.12. Annual Budget and Two-Year Financial Plan.
19 (a) The Board shall control the finances of the Authority.
20It shall (i) appropriate money to perform the Authority's
21purposes and provide for payment of debts and expenses of the
22Authority and (ii) adopt an Annual Budget and Two-Year
23Financial Plan for the Authority.
24 (b) The Annual Budget and Two-Year Financial Plan shall
25contain a statement of the funds estimated to be on hand for

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1the Authority at the beginning of the fiscal year, the funds
2estimated to be received from all sources for such year, the
3estimated expenses and obligations of the Authority for all
4purposes, including expenses for contributions to be made with
5respect to pension and other employee benefits, and the funds
6estimated to be on hand at the end of such year.
7 (c) The fiscal year of the Authority shall begin on
8January 1 and end on the succeeding December 31. By July 1 of
9each year, the Director of the Governor's Office of Management
10and Budget shall submit to the Authority an estimate of
11revenues for the next fiscal year of the Authority to be
12collected from the taxes imposed by the Authority and the
13amounts to be available in the Public Transportation Fund and
14the Metropolitan Mobility Authority Occupation and Use Tax
15Replacement Fund and the amounts otherwise to be appropriated
16by the State to the Authority for its purposes.
17 (d) Before the proposed Annual Budget and Two-Year
18Financial Plan is adopted, the Authority shall hold at least
19one public hearing on the Annual Budget and Two-Year Financial
20Plan in the metropolitan region and shall meet with the county
21board or its designee of each of the several counties in the
22metropolitan region. After conducting the hearings and holding
23the meetings and after making changes in the proposed Annual
24Budget and Two-Year Financial Plan as the Board deems
25appropriate, the Board shall adopt its annual appropriation
26and Annual Budget and Two-Year Financial Plan ordinance. The

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1ordinance shall appropriate such sums of money as are deemed
2necessary to defray all necessary expenses and obligations of
3the Authority, specifying purposes and the objects or programs
4for which appropriations are made and the amount appropriated
5for each object or program. Additional appropriations,
6transfers between items, and other changes in such ordinance
7may be made from time to time by the Board.
8 (e) The Annual Budget and Two-Year Financial Plan shall
9show a balance between anticipated revenues from all sources
10and anticipated expenses, including funding of operating
11deficits or the discharge of encumbrances incurred in prior
12periods and payment of principal and interest when due, and
13shall show cash balances sufficient to pay with reasonable
14promptness all obligations and expenses as incurred.
15 (f) The Authority shall file a copy of its Annual Budget
16and Two-Year Financial Plan with the General Assembly and the
17Governor after its adoption and a statement certifying that it
18published the data described in subsection (g).
19 (g) The Authority shall publish a monthly comprehensive
20set of data regarding transit service and safety. The data
21included shall include information to track operations,
22including:
23 (1) staffing levels, including numbers of budgeted
24 positions, current positions employed, hired staff,
25 attrition, staff in training, and absenteeism rates;
26 (2) scheduled service and delivered service, including

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1 percentage of scheduled service delivered by day, service
2 by mode of transportation, service by route and rail line,
3 total number of revenue miles driven, excess wait times by
4 day, by mode of transportation, by bus route, and by stop;
5 and
6 (3) safety on the system, including the number of
7 incidents of crime and code of conduct violations on the
8 system, any performance measures used to evaluate the
9 effectiveness of investments in private security, safety
10 equipment, and other security investments in the system.
11 If no performance measures exist to evaluate the
12 effectiveness of these safety investments, the Authority
13 shall develop and publish these performance measures.
14 (h) The Authority shall regularly solicit input and ideas
15on publishing data on the service reliability, operations, and
16safety of the system from the public and groups representing
17transit riders, workers, and businesses and make appropriate
18adjustments and additions to the data reported pursuant to
19subsection (g).
20 (i) All transportation agencies, comprehensive planning
21agencies, including the Chicago Metropolitan Agency for
22Planning and transportation planning agencies in the
23metropolitan region, shall furnish to the Authority such
24information pertaining to public transportation or relevant
25plans therefore as it may from time to time require. The
26Executive Director, or the Executive Director's designee,

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1shall, for the purpose of securing any such information
2necessary or appropriate to carry out any of the powers and
3responsibilities of the Authority under this Act, have access
4to, and the right to examine, all books, documents, papers, or
5records of any transportation agency receiving funds from the
6Authority, and such transportation agency shall comply with
7any request by the Executive Director, or the Executive
8Director's designee, within 30 days or an extended time
9provided by the Executive Director.
10 Section 5.13. Authority Inspector General.
11 (a) The Authority and the transportation agencies are
12subject to the jurisdiction of the Governor's Executive
13Inspector General.
14 (b) The Authority may appoint an independent Authority
15Inspector General to serve as the ethics officer for the
16Authority and to investigate on its own authority or on the
17basis of a complaint or referral possible waste, fraud, or
18abuse involving the Authority or a transportation agency. The
19Authority Inspector General may conduct performance reviews
20and audits designed to prevent waste, fraud, or abuse and to
21improve the operation of the Authority and transportation
22agencies.
23 (c) The Board shall provide sufficient staff and resources
24so the Authority Inspector General can fulfill its functions
25and responsibilities.

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1 (d) All employees, agents, and contractors of the
2Authority and the transportation agencies shall cooperate with
3reviews, audits, and investigations conducted by the Authority
4Inspector General.
5 (e) The Authority Inspector General may be appointed for a
6term of up to 5 years or until a successor is appointed and has
7qualified. The Board may remove the Authority Inspector
8General before the expiration of the Inspector General's term
9only for good cause and with the concurrence of the Governor's
10Executive Inspector General.
11 (f) The appointment of an Authority Inspector General
12shall not in any way limit the powers of the Governor's
13Executive Inspector General.
14 Section 5.14. Executive Inspector General.
15 (a) Moneys may be appropriated from the Public
16Transportation Fund to the Governor's Office of the Executive
17Inspector General for the costs incurred by the Executive
18Inspector General while serving as the inspector general for
19the Authority.
20 (b) The Governor's Office of the Executive Inspector
21General shall annually report to the General Assembly the
22expenses incurred while serving as the inspector general for
23the Authority.
24 (c) All employees, agents, and contractors of the
25Authority and the transportation agencies shall cooperate with

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1reviews, audits, and investigations conducted by the
2Governor's Executive Inspector General.
3 Section 5.15. Performance audits.
4 (a) The Auditor General shall conduct performance audits
5of the Authority and transportation agencies at least once
6every 5 years. The performance audits shall:
7 (1) focus on the quality and cost-effectiveness of the
8 public transportation system, including comparative
9 assessments against the performance of transit systems in
10 comparable metropolitan regions around the world;
11 (2) include recommendations for improvements informed
12 by applicable industry best practices and any legislation
13 or other steps that governmental bodies could take to
14 facilitate such improvements; and
15 (3) assess the efficacy of the public transportation
16 system in providing affordable transportation, connecting
17 residents to jobs, education, and other opportunities, and
18 improving the environment.
19 (b) The Authority may suggest areas of emphasis for the
20Auditor General to consider and the Auditor General may, in
21its discretion, structure the audit and recommendations to
22help achieve the goal of a well-functioning and efficient
23regional public transportation system.
24 (c) The Auditor General and the Authority shall coordinate
25the timing of performance audits such that the findings will

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1be available to the Authority at the time when it begins
2preparation of its Strategic Plan and Five-Year Capital
3Program. The Authority shall reimburse the Auditor General for
4the costs incurred in conducting the performance audits.
5 Section 5.16. Audits of transportation agencies. The
6Authority may conduct management, performance, financial, and
7infrastructure condition audits of transportation agencies
8that receive funds from the Authority. Transportation agencies
9shall cooperate fully with audits conducted pursuant to this
10Section and act on the findings and recommendations contained
11in such audits as directed by the Authority. Copies of audits
12shall be supplied to the Governor and the General Assembly and
13made available for review by the public subject to any
14redactions as required or permitted by applicable law.
15 Section 5.17. Transparency and accountability portal.
16 (a) As used in this Section:
17 "CHI-TAP" means the Greater Chicago Mass Transit
18Transparency and Accountability Portal.
19 "Contracts" means payment obligations with vendors on file
20to purchase goods and services exceeding $10,000 in value.
21 "Recipients" means the Authority or transportation
22agencies.
23 (b) The Authority shall maintain a website, known as the
24Greater Chicago Mass Transit Transparency and Accountability

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1Portal, and shall be tasked with compiling and updating the
2CHI-TAP database with information received by the Authority.
3 (c) The CHI-TAP shall provide direct access to each of the
4following:
5 (1) A database of all employees of the Authority
6 sorted separately by:
7 (A) name;
8 (B) division or department;
9 (C) employment position title;
10 (D) county of employment location;
11 (E) current base salary or hourly rate and
12 year-to-date gross pay;
13 (F) status of position including, but not limited
14 to, bargained-for positions, at-will positions, or not
15 bargained-for positions;
16 (G) employment status, including, but not limited
17 to, full-time permanent, full-time temporary,
18 part-time permanent and part-time temporary; and
19 (H) status as a military veteran.
20 (2) A database of all current Authority expenditures,
21 sorted by category.
22 (3) A database of all Authority contracts sorted
23 separately by contractor name, awarding officer or agency,
24 contract value, and goods or services provided.
25 (4) A database of publicly available accident-related
26 and safety-related information currently required to be

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1 reported to the federal Secretary of Transportation under
2 49 U.S.C. 5335.
3 (d) The CHI-TAP shall include all information required to
4be published by subsection (c) in a format the Authority can
5compile and publish on the CHI-TAP. The Authority shall update
6the CHI-TAP at least once every 30 days as additional
7information becomes available.
8 Section 5.18. Financial statements and annual reports.
9 (a) Within 6 months after the end of each fiscal year, the
10Board shall prepare a complete and detailed report of the
11audit of the Authority and reviewing the state of the
12Authority and of the public transportation provided by
13transportation agencies.
14 (b) The report shall include evaluations of public
15transportation in the metropolitan region and of the
16Authority's activities and financial statements of the
17Authority's revenues and expenditures for such year and of its
18assets and liabilities. The financial statements must be
19audited by an independent certified public accountant.
20 (c) The report shall also set forth the financial results
21as reported by each transportation agency that, during such
22year, had a purchase of service or grant agreement with the
23Authority or that received financial assistance from the
24Authority. The results shall be set forth separately for each
25such transportation agency.

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1 (d) The report shall be published on the Authority's
2website. A sufficient number of copies of each annual report
3shall be printed for distribution to anyone, upon request, and
4a copy of the report shall be filed with the Governor, the
5State Comptroller, the Speaker and Minority Leader of the
6House of Representatives, the President and Minority Leader of
7the Senate, the Mayor of the City of Chicago, the President or
8Chair of the county board of each county in the metropolitan
9region, and each transportation agency which, during such
10year, had a purchase of service agreement with the Authority
11or which received financial grants or other financial
12assistance from the Authority.
13 Section 5.19. Opt out.
14 (a) Notwithstanding any other provision of this Act, if
15the county board of the County of DuPage, Kane, Lake, McHenry,
16or Will by ordinance authorizes that such county shall elect
17to terminate the powers of the Authority in that county, the
18secretary of that county board shall certify that proposition
19to the proper election officials, who shall submit such
20proposition at an election in accordance with the general
21election law to decide whether that county shall opt out.
22 (b) The form of the ballot to be used at the referendum
23shall be substantially as follows:
24---------------------------
25 Shall ..... County terminate

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1the powers of the Metropolitan YES
2Mobility Authority ---------------------------------
3in .... County NO
4on ..... (date)
5-------------------------------------------------------------
6 (c) If a majority of the voters vote in favor of
7terminating the powers of the Authority, then all of the
8powers of the Authority shall terminate in that county on the
9date stated in the referendum, except those powers and
10functions that the Authority determines to be necessary to
11exercise with regard to:
12 (1) public transportation by commuter rail, and
13 related public transportation facilities;
14 (2) public transportation other than by commuter rail
15 that is required in order to comply with federal or State
16 laws and regulations, and related public transportation
17 facilities; and
18 (3) public transportation other than by commuter rail
19 provided by the Authority pursuant to contract with the
20 county or other governmental entity within the county, and
21 related public transportation facilities.
22 (d) The termination of the powers of the Authority
23referred to in subsection (a) with respect to a county shall
24occur on approval of the referendum by the electors provided
25on or prior to the date of such termination specified in the
26referendum, and, thereafter, the county shall have:

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1 (1) assumed the obligations of the Authority under all
2 laws, federal or State, and all contracts with respect to
3 public transportation or public transportation facilities
4 in the county, which statutory or contractual obligations
5 extend beyond the termination date in the referendum if
6 the obligations shall not be deemed to include any
7 indebtedness of the Authority for borrowed money;
8 (2) agreed to indemnify and hold harmless the
9 Authority against any and all claims, actions, and
10 liabilities arising out of or in connection with the
11 termination of the Authority's powers and functions
12 pursuant to subsection (a); and
13 (3) taken or caused to be taken all necessary actions
14 and fulfilled or caused to be fulfilled all requirements
15 under federal and State laws, rules, and regulations with
16 respect to such termination and any related transfers of
17 assets or liabilities of the Authority. A county may, by
18 mutual agreement with the Authority, permit the Authority
19 to fulfill one or more contracts that, by their terms,
20 extend beyond the termination date provided for in the
21 referendum, in which case the powers and functions of the
22 Authority in that county shall survive only to the extent
23 deemed necessary by the Authority to fulfill said contract
24 or contracts. The satisfaction of the requirements
25 provided for in this paragraph shall be evidenced in such
26 manner as the Authority may require.

SB3936- 116 -LRB103 40367 AWJ 72644 b
1 (e) Following an election to terminate the powers of the
2Authority at a referendum held under subsection (a), the
3county board shall notify the Authority of the results of the
4referendum, including the termination date in the referendum,
5which shall be the last day of a calendar month. Unless the
6termination date is extended by mutual agreement between the
7county and the Authority, the termination of the powers and
8functions of the Authority in the county shall occur at
9midnight on the termination date if the requirements of this
10Section have been met.
11 (f) The proceeds of taxes imposed by the Authority under
12Sections 6.02 and 6.03 collected after the termination date
13within a county in which the powers of the Authority have been
14terminated under this Section shall be used by the Authority
15to support commuter rail services attributable to that county,
16as determined by the Authority. Any proceeds which are in
17excess of that necessary to support such services shall be
18paid by the Authority to that county to be expended for public
19transportation purposes in accordance with law. If no commuter
20rail services under the jurisdiction of the Authority are
21provided in a county in which the powers of the Authority have
22been terminated under this Section, all proceeds of taxes
23imposed by the Authority in the county shall be paid by the
24Authority to the county to be expended for public
25transportation purposes in accordance with law.

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1
Article VI. FINANCES
2 Section 6.01. Federal, State, and other funds.
3 (a) The Authority may apply for, receive, and expend
4grants, loans, or other funds from the State of Illinois or a
5department or agency thereof, from any unit of local
6government, or from the federal government or a department or
7agency thereof for use in connection with any of the powers or
8purposes of the Authority as set forth in this Act. The
9Authority shall have power to make such studies as may be
10necessary and to enter into contracts or agreements with the
11State of Illinois or any department or agency thereof, with
12any unit of local government, or with the federal government
13or a department or agency thereof concerning such grants,
14loans, or other funds, or any conditions relating thereto,
15including obligations to repay such funds. The Authority may
16make such covenants concerning such grants, loans, and funds
17as it deems proper and necessary in carrying out its
18responsibilities, purposes, and powers as provided in this
19Act.
20 (b) The Authority is designated the primary public body in
21the metropolitan region with authority to apply for and
22receive grants, loans, or other funds relating to public
23transportation programs from the State of Illinois or a
24department or agency thereof, or from the federal government
25or a department or agency thereof. A unit of local government

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1or transportation agency may apply for and receive any such
2federal or state capital grants, loans or other funds. A unit
3of local government or transportation agency shall notify the
4Authority and the Chicago Metropolitan Agency for Planning
5prior to making any such application and shall file a copy of
6the application with the Authority and Agency. Nothing in this
7Section shall be construed to impose any limitation on the
8ability of the State of Illinois or a department or agency
9thereof, a unit of local government or transportation agency
10to make a grant or to enter into an agreement or contract with
11the National Rail Passenger Corporation. Nor shall anything in
12this Section impose any limitation on the ability of any
13school district to apply for or receive a grant, loan, or other
14funds for transportation of school children.
15 Section 6.02. Taxes.
16 (a) In order to carry out any of the powers or purposes of
17the Authority, the Board may, by ordinance adopted by the then
18Directors, impose throughout the metropolitan region any or
19all of the taxes provided in this Section. Except as otherwise
20provided in this Act, taxes imposed under this Section and
21civil penalties imposed incident thereto shall be collected
22and enforced by the Department of Revenue. The Department may
23administer and enforce the taxes and to determine all rights
24for refunds for erroneous payments of the taxes.
25 (b) The Board may impose a public transportation tax upon

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1all persons engaged in the metropolitan region in the business
2of selling retail motor fuel for operation of motor vehicles
3upon public highways. The tax shall be at a rate not to exceed
45% of the gross receipts from the sales of motor fuel in the
5course of the business. The Board may provide details of the
6tax. The provisions of any tax shall conform, as closely as may
7be practicable, to the provisions of the Non-Home Rule
8Municipal Retailers' Occupation Tax Act, including, without
9limitation, conformity to penalties with respect to the tax
10imposed and as to the powers of the Department of Revenue to
11adopt and enforcing rules and regulations relating to the
12administration and enforcement of the provisions of the tax
13imposed, except that reference in that Act to any municipality
14shall refer to the Authority and the tax shall be imposed only
15with regard to receipts from sales of motor fuel in the
16metropolitan region, at rates as limited by this Section.
17 (c) In connection with the tax imposed under subsection
18(b), the Board may impose a tax upon the privilege of using in
19the metropolitan region motor fuel for the operation of a
20motor vehicle upon public highways at a rate not in excess of
21the rate of tax imposed under subsection (b). The Board may
22provide details of the tax.
23 (d) The Board may impose a motor vehicle parking tax upon
24the privilege of parking motor vehicles at off-street parking
25facilities in the metropolitan region at which a fee is
26charged, may provide for reasonable classifications in and

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1exemptions to the tax for administration and enforcement
2thereof and for civil penalties and refunds thereunder, and
3may provide criminal penalties thereunder, the maximum
4penalties not to exceed the maximum criminal penalties
5provided in the Retailers' Occupation Tax Act. The Authority
6may collect and enforce the tax itself or by contract with any
7unit of local government. The Department of Revenue shall have
8no responsibility for the collection and enforcement unless
9the Department agrees with the Authority to undertake the
10collection and enforcement. As used in this subsection,
11"parking facility" means a parking area or structure having
12parking spaces for more than 2 vehicles at which motor
13vehicles are permitted to park in return for an hourly, daily,
14or other periodic fee, whether publicly or privately owned,
15but does not include parking spaces on a public street, the use
16of which is regulated by parking meters.
17 (e) The Board may impose a Metropolitan Mobility Authority
18Retailers' Occupation Tax upon all persons engaged in the
19business of selling tangible personal property at retail in
20the metropolitan region. In Cook County, the tax rate shall be
211.25% of the gross receipts from sales of tangible personal
22property taxed at the 1% rate under the Retailers' Occupation
23Tax Act and 1% of the gross receipts from other taxable sales
24made in the course of that business. In DuPage, Kane, Lake,
25McHenry, and Will counties, the tax rate shall be 0.75% of the
26gross receipts from all taxable sales made in the course of

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1that business. However, the rate of tax imposed in DuPage,
2Kane, Lake, McHenry, and Will counties under this Section on
3sales of aviation fuel shall be 0.25% unless the Authority in
4DuPage, Kane, Lake, McHenry, and Will counties has an
5airport-related purpose and the additional 0.50% of the 0.75%
6tax on aviation fuel is expended for airport-related purposes.
7If there is no airport-related purpose to which aviation fuel
8tax revenue is dedicated, then aviation fuel is excluded from
9the additional 0.50% of the 0.75% tax. The tax imposed under
10this Section and all civil penalties that may be assessed as an
11incident thereof shall be collected and enforced by the
12Department of Revenue. The Department has full power to
13administer and enforce this Section; to collect all taxes and
14penalties so collected in the manner provided in this Section;
15and to determine all rights to credit memoranda arising on
16account of the erroneous payment of tax or penalty under this
17Section. In the administration of and compliance with this
18Section, the Department and persons who are subject to this
19Section shall have the same rights, remedies, privileges,
20immunities, powers, and duties, and be subject to the same
21conditions, restrictions, limitations, penalties, exclusions,
22exemptions, and definitions of terms, and employ the same
23modes of procedure, as are prescribed in Sections 1, 1a, 1a-1,
241c, 1d, 1e, 1f, 1i, 1j, 2 through 2-65 (in respect to all
25provisions therein other than the State rate of tax), 2c, 3
26(except as to the disposition of taxes and penalties

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1collected, and except that the retailer's discount is not
2allowed for taxes paid on aviation fuel that are subject to the
3revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C.
447133), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l,
56, 6a, 6b, 6c, 6d, 7, 8, 9, 10, 11, 12, and 13 of the
6Retailers' Occupation Tax Act and Section 3-7 of the Uniform
7Penalty and Interest Act, as fully as if those provisions were
8set forth in this Section.
9 (f) The Board and DuPage, Kane, Lake, McHenry, and Will
10counties must comply with the certification requirements for
11airport-related purposes under Section 2-22 of the Retailers'
12Occupation Tax Act. This exclusion for aviation fuel only
13applies for so long as the revenue use requirements of 49
14U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the
15Authority.
16 (g) Persons subject to any tax imposed under the authority
17granted in this Section may reimburse themselves for their
18seller's tax liability hereunder by separately stating the tax
19as an additional charge, which charge may be stated in
20combination in a single amount with State taxes that sellers
21are required to collect under the Use Tax Act, under any
22bracket schedules the Department may prescribe.
23 (h) Whenever the Department determines that a refund
24should be made under this Section to a claimant instead of
25issuing a credit memorandum, the Department shall notify the
26State Comptroller, who shall cause the warrant to be drawn for

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1the amount specified, and to the person named, in the
2notification from the Department. The State Treasurer shall
3pay the refund out of the Metropolitan Mobility Authority
4Occupation and Use Tax Replacement Fund or the Local
5Government Aviation Trust Fund, as appropriate.
6 (i) If a tax is imposed under subsection (e), a tax shall
7also be imposed under subsections (m) and (r).
8 (j) For the purpose of determining whether a tax
9authorized under this Section is applicable, a retail sale by
10a producer of coal or other mineral mined in Illinois is a sale
11at retail at the place where the coal or other mineral mined in
12Illinois is extracted from the earth. This subsection does not
13apply to coal or other minerals when it is delivered or shipped
14by the seller to the purchaser at a point outside Illinois so
15that the sale is exempt under the United States Constitution
16as a sale in interstate or foreign commerce.
17 (k) A tax may not be imposed or collected under this
18Section on the sale of a motor vehicle in this State to a
19resident of another state if that motor vehicle will not be
20titled in this State.
21 (l) Nothing in this Section shall be construed to
22authorize the Authority to impose a tax upon the privilege of
23engaging in any business that under the United States
24Constitution may not be made the subject of taxation by this
25State.
26 (m) If a tax has been imposed under subsection (e), a

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1Metropolitan Mobility Authority Service Occupation Tax shall
2also be imposed upon all persons engaged in the metropolitan
3region in the business of making sales of service who, as an
4incident to making the sales of service, transfer tangible
5personal property within the metropolitan region, either in
6the form of tangible personal property or in the form of real
7estate as an incident to a sale of service. In Cook County, the
8tax rate shall be: (1) 1.25% of the serviceman's cost price of
9food prepared for immediate consumption and transferred
10incident to a sale of service subject to the service
11occupation tax by an entity licensed under the Hospital
12Licensing Act, the Nursing Home Care Act, the Specialized
13Mental Health Rehabilitation Act of 2013, the ID/DD Community
14Care Act, or the MC/DD Act that is located in the metropolitan
15region; (2) 1.25% of the selling price of tangible personal
16property taxed at the 1% rate under the Service Occupation Tax
17Act; and (3) 1% of the selling price from other taxable sales
18of tangible personal property transferred. In DuPage, Kane,
19Lake, McHenry, and Will counties, the rate shall be 0.75% of
20the selling price of all tangible personal property
21transferred. However, the rate of tax imposed in DuPage, Kane,
22Lake, McHenry, and Will counties under this Section on sales
23of aviation fuel shall be 0.25% unless the Authority in
24DuPage, Kane, Lake, McHenry, and Will counties has an
25airport-related purpose and the additional 0.50% of the 0.75%
26tax on aviation fuel is expended for airport-related purposes.

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1If there is no airport-related purpose to which aviation fuel
2tax revenue is dedicated, then aviation fuel is excluded from
3the additional 0.5% of the 0.75% tax.
4 (n) The tax imposed under subsection (e) and all civil
5penalties that may be assessed as an incident thereof shall be
6collected and enforced by the Department of Revenue. The
7Department has full power to administer and enforce this
8subsection; to collect all taxes and penalties due hereunder;
9to dispose of taxes and penalties collected in the manner
10hereinafter provided; and to determine all rights to credit
11memoranda arising on account of the erroneous payment of tax
12or penalty hereunder. In the administration of and compliance
13with this subsection, the Department and persons who are
14subject to this subsection shall have the same rights,
15remedies, privileges, immunities, powers, and duties, and be
16subject to the same conditions, restrictions, limitations,
17penalties, exclusions, exemptions, and definitions of terms,
18and employ the same modes of procedure, as are prescribed in
19Sections 1a-1, 2, 2a, 3 through 3-50 (in respect to all
20provisions therein other than the State rate of tax), 4
21(except that the reference to the State shall be to the
22Authority), 5, 7, 8 (except that the jurisdiction to which the
23tax shall be a debt to the extent indicated in that Section 8
24shall be the Authority), 9 (except as to the disposition of
25taxes and penalties collected, and except that the returned
26merchandise credit for this tax may not be taken against any

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1State tax, and except that the retailer's discount is not
2allowed for taxes paid on aviation fuel that are subject to the
3revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C.
447133), 10, 11, 12 (except the reference therein to Section 2b
5of the Retailers' Occupation Tax Act), 13 (except that any
6reference to the State means the Authority), the first
7paragraph of Section 15, 16, 17, 18, 19, and 20 of the Service
8Occupation Tax Act and Section 3-7 of the Uniform Penalty and
9Interest Act, as fully as if those provisions were set forth in
10this Section.
11 (o) Persons subject to any tax imposed under this Section
12may reimburse themselves for their serviceman's tax liability
13hereunder by separately stating the tax as an additional
14charge, that charge may be stated in combination in a single
15amount with State tax that servicemen are authorized to
16collect under the Service Use Tax Act, under any bracket
17schedules the Department may prescribe.
18 (p) Whenever the Department determines that a refund
19should be made under this subsection to a claimant instead of
20issuing a credit memorandum, the Department shall notify the
21State Comptroller, who shall cause the warrant to be drawn for
22the amount specified, and to the person named in the
23notification from the Department. The State Treasurer shall
24pay the refund out of the Metropolitan Mobility Authority
25Occupation and Use Tax Replacement Fund established under
26subsection (cc) or the Local Government Aviation Trust Fund,

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1as appropriate.
2 (q) Nothing in this Section shall be construed to
3authorize the Authority to impose a tax upon the privilege of
4engaging in any business that under the Constitution of the
5United States may not be made the subject of taxation by the
6State.
7 (r) If a tax has been imposed under subsection (e), a tax
8shall also be imposed upon the privilege of using in the
9metropolitan region, any item of tangible personal property
10that is purchased outside the metropolitan region at retail
11from a retailer, and that is titled or registered with an
12agency of this State's government. In Cook County, the tax
13rate shall be 1% of the selling price of the tangible personal
14property, as "selling price" is defined in the Use Tax Act. In
15DuPage, Kane, Lake, McHenry, and Will counties, the tax rate
16shall be 0.75% of the selling price of the tangible personal
17property, as "selling price" is defined in the Use Tax Act. The
18tax shall be collected from persons whose Illinois address for
19titling or registration purposes is given as being in the
20metropolitan region. The tax shall be collected by the
21Department of Revenue for the Authority. The tax must be paid
22to the State, or an exemption determination must be obtained
23from the Department of Revenue before the title or certificate
24of registration for the property may be issued. The tax or
25proof of exemption may be transmitted to the Department by way
26of the State agency with which, or the State officer with whom,

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1the tangible personal property must be titled or registered if
2the Department and the State agency or State officer determine
3that this procedure will expedite the processing of
4applications for title or registration.
5 (s) The Department has full power to administer and
6enforce this subsection; to collect all taxes, penalties, and
7interest due hereunder; to dispose of taxes, penalties, and
8interest collected in the manner hereinafter provided; and to
9determine all rights to credit memoranda or refunds arising on
10account of the erroneous payment of tax, penalty, or interest
11hereunder. In the administration of and compliance with this
12subsection, the Department and persons who are subject to this
13subsection shall have the same rights, remedies, privileges,
14immunities, powers, and duties, and be subject to the same
15conditions, restrictions, limitations, penalties, exclusions,
16exemptions, and definitions of terms and employ the same modes
17of procedure, as are prescribed in Sections 2 (except the
18definition of "retailer maintaining a place of business in
19this State"), 3 through 3-80 (except provisions pertaining to
20the State rate of tax, and except provisions concerning
21collection or refunding of the tax by retailers), 4, 11, 12,
2212a, 14, 15, 19 (except the portions pertaining to claims by
23retailers and except the last paragraph concerning refunds),
2420, 21, and 22 of the Use Tax Act, and are not inconsistent
25with this subsection, as fully as if those provisions were set
26forth herein.

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1 (t) The Authority may impose a replacement vehicle tax of
2$50 on any passenger car, as defined in Section 1-157 of the
3Illinois Vehicle Code, purchased within the metropolitan
4region by or on behalf of an insurance company to replace a
5passenger car of an insured person in settlement of a total
6loss claim. The tax imposed may not become effective before
7the first day of the month following the passage of the
8ordinance imposing the tax and receipt of a certified copy of
9the ordinance by the Department of Revenue. The Department of
10Revenue shall collect the tax for the Authority in accordance
11with Sections 3-2002 and 3-2003 of the Illinois Vehicle Code.
12 (u) The Department shall immediately pay over to the State
13Treasurer, ex officio, as trustee, all taxes collected under
14this Section.
15 (v) As soon as possible after the first day of each month,
16upon certification of the Department of Revenue, the
17Comptroller shall order transferred, and the Treasurer shall
18transfer, to the STAR Bonds Revenue Fund the local sales tax
19increment, as defined in the Innovation Development and
20Economy Act, collected under this Section during the second
21preceding calendar month for sales within a STAR bond
22district.
23 (w) After the monthly transfer to the STAR Bonds Revenue
24Fund, on or before the 25th day of each calendar month, the
25Department shall prepare and certify to the Comptroller the
26disbursement of stated sums of money to the Authority. The

SB3936- 130 -LRB103 40367 AWJ 72644 b
1amount to be paid to the Authority shall be the amount
2collected under this Section during the second preceding
3calendar month by the Department, less any amount determined
4by the Department to be necessary for the payment of refunds,
5and less any amounts that are transferred to the STAR Bonds
6Revenue Fund. Within 10 days after receipt by the Comptroller
7of the disbursement certification to the Authority provided
8for in this Section to be given to the Comptroller by the
9Department, the Comptroller shall cause the orders to be drawn
10for that amount in accordance with the directions contained in
11the certification.
12 (x) The Board may not impose any other taxes except as it
13may from time to time be authorized by law to impose.
14 (y) A certificate of registration issued by the State
15Department of Revenue to a retailer under the Retailers'
16Occupation Tax Act or under the Service Occupation Tax Act
17shall permit the registrant to engage in a business that is
18taxed under the tax imposed under subsection (b), (e), (bb),
19or (r) and no additional registration shall be required under
20the tax. A certificate issued under the Use Tax Act or the
21Service Use Tax Act shall be applicable with regard to any tax
22imposed under subsection (c).
23 (z) The provisions of any tax imposed under subsection (c)
24shall conform as closely as may be practicable to the
25provisions of the Use Tax Act, including, without limitation,
26conformity as to penalties with respect to the tax imposed and

SB3936- 131 -LRB103 40367 AWJ 72644 b
1as to the powers of the Department of Revenue to adopt and
2enforce rules and regulations relating to the administration
3and enforcement of the provisions of the tax imposed. The
4taxes shall be imposed only on use within the metropolitan
5region and at rates as provided in subsection (b).
6 (aa) The Board, in imposing any tax as provided in
7subsections (b) and (c), shall, after seeking the advice of
8the Department of Revenue, provide means for retailers, users,
9or purchasers of motor fuel for purposes other than those with
10regard to which the taxes may be imposed as provided in those
11subsections to receive refunds of taxes improperly paid, which
12provisions may be at variance with the refund provisions as
13applicable under the Non-Home Rule Municipal Retailers'
14Occupation Tax Act. The State Department of Revenue may
15provide for certificates of registration for users or
16purchasers of motor fuel for purposes other than those with
17regard to which taxes may be imposed as provided in
18subsections (b) and (c) to facilitate the reporting and
19nontaxability of the exempt sales or uses.
20 (bb) An ordinance or resolution imposing, increasing,
21decreasing, or discontinuing the tax under this Section shall
22be adopted and a certified copy of the ordinance filed with the
23Department, whereupon the Department shall proceed to
24administer and enforce this Section as of the first day of the
25first month to occur not less than 60 days following such
26adoption and filing.

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1 (cc) Except as otherwise provided in this subsection, the
2Department of Revenue shall, upon collecting any taxes as
3provided in this Section, pay the taxes to the State Treasurer
4as trustee for the Authority. The taxes shall be held in the
5Metropolitan Mobility Authority Occupation and Use Tax
6Replacement Fund, a trust fund outside the State treasury. If
7an airport-related purpose has been certified, taxes and
8penalties collected in DuPage, Kane, Lake, McHenry, and Will
9counties on aviation fuel sold from the 0.50% of the 0.75% rate
10shall be immediately paid over by the Department to the State
11Treasurer, ex officio, as trustee, for deposit into the Local
12Government Aviation Trust Fund. The Department shall only pay
13moneys into the Local Government Aviation Trust Fund under
14this Act for so long as the revenue use requirements of 49
15U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the
16Authority. On or before the 25th day of each calendar month,
17the State Department of Revenue shall prepare and certify to
18the Comptroller of the State of Illinois and to the Authority
19(i) the amount of taxes collected in each county other than
20Cook County in the metropolitan region, (not including, if an
21airport-related purpose has been certified, the taxes and
22penalties collected from the 0.50% of the 0.75% rate on
23aviation fuel that are deposited into the Local Government
24Aviation Trust Fund) (ii) the amount of taxes collected within
25the City of Chicago, and (iii) the amount collected in that
26portion of Cook County outside Chicago, each amount less the

SB3936- 133 -LRB103 40367 AWJ 72644 b
1amount necessary for the payment of refunds to taxpayers
2located in those areas described in items (i), (ii), and
3(iii), and less 1.5% of the remainder, which shall be
4transferred from the trust fund into the Tax Compliance and
5Administration Fund. The Department, at the time of each
6monthly disbursement to the Authority, shall prepare and
7certify to the State Comptroller the amount to be transferred
8into the Tax Compliance and Administration Fund under this
9subsection. Within 10 days after receipt by the Comptroller of
10the certification of the amounts, the Comptroller shall cause
11an order to be drawn for the transfer of the amount certified
12into the Tax Compliance and Administration Fund and the
13payment of two-thirds of the amounts certified in item (i) of
14this subsection to the Authority and one-third of the amounts
15certified in item (i) of this subsection to the respective
16counties other than Cook County and the amount certified in
17items (ii) and (iii) of this subsection to the Authority.
18 (dd) In addition to the disbursement required by
19subsection (cc), an allocation shall be made in each year to
20the Authority. The allocation shall be made in an amount equal
21to the average monthly distribution during the preceding
22calendar year (excluding the 2 months of lowest receipts) and
23the allocation shall include the amount of average monthly
24distribution from the Metropolitan Mobility Authority
25Occupation and Use Tax Replacement Fund. The distribution made
26in each year under this subsection and in subsection (cc)

SB3936- 134 -LRB103 40367 AWJ 72644 b
1shall be reduced by the amount allocated and disbursed under
2this subsection in the preceding calendar year. The Department
3of Revenue shall prepare and certify to the Comptroller for
4disbursement the allocations made in accordance with this
5subsection.
6 (ee) The Authority's failure to adopt a budget ordinance
7or adopt a Five-year Capital Program shall not affect the
8validity of any tax imposed by the Authority otherwise in
9conformity with law.
10 (ff) A public transportation tax or motor vehicle parking
11tax authorized under subsections (b), (c), and (d) may not be
12in effect at the same time as any retailers' occupation, use,
13or service occupation tax authorized under subsections (e),
14(m), and (r) is in effect.
15 (gg) Any taxes imposed under the authority provided in
16subsections (b), (c), and (d) shall remain in effect only
17until the time as any tax authorized by subsections (e), (m),
18and (r) are imposed and becomes effective. Once any tax
19authorized by subsections (e), (m), and (r) is imposed the
20Board may not reimpose taxes as authorized in subsections (b),
21(c), and (d) unless any tax authorized by subsections (e),
22(m), and (r) becomes ineffective by means other than an
23ordinance of the Board.
24 (hh) Any existing rights, remedies, and obligations,
25including enforcement by the Authority, arising under any tax
26imposed under subsections (b), (c), and (d) shall not be

SB3936- 135 -LRB103 40367 AWJ 72644 b
1affected by the imposition of a tax under subsections (e),
2(m), and (r).
3 (ii) As used in this Section:
4 "Airport-related purposes" has the meaning given to that
5term in Section 6z-20.2 of the State Finance Act.
6 "Motor fuel" has the meaning given to that term in Section
71.1 of the Motor Fuel Tax Law.
8 Section 6.03. Gross receipts tax-automobile rental.
9 (a) The Board may impose a tax upon all persons engaged in
10the business of renting automobiles in the metropolitan region
11at the rate of not to exceed 1% of the gross receipts from such
12business within Cook County and not to exceed 0.25% of the
13gross receipts from such business within the counties of
14DuPage, Kane, Lake, McHenry, and Will. The tax imposed
15pursuant to this subsection and all civil penalties that may
16be assessed as an incident thereof shall be collected and
17enforced by the Department of Revenue. The certificate of
18registration which is issued by the Department to a retailer
19under the Retailers' Occupation Tax Act or under the
20Automobile Renting Occupation and Use Tax Act shall permit
21such person to engage in a business which is taxable under any
22ordinance or resolution enacted pursuant to this subsection
23without registering separately with the Department under such
24ordinance or resolution or under this subsection. The
25Department has full power to administer and enforce this

SB3936- 136 -LRB103 40367 AWJ 72644 b
1subsection; to collect all taxes and penalties due under this
2subsection; to dispose of taxes and penalties so collected in
3the manner provided in this subsection, and to determine all
4rights to credit memoranda, arising on account of the
5erroneous payment of tax or penalty under this subsection. In
6the administration of, and compliance with, this subsection,
7the Department and persons who are subject to this subsection
8have the same rights, remedies, privileges, immunities,
9powers, and duties, and are subject to the same conditions,
10restrictions, limitations, penalties, and definitions of
11terms, and employ the same modes of procedure, as are
12prescribed in Sections 2 and 3 (in respect to all provisions
13therein other than the State rate of tax; and with relation to
14the provisions of the Retailers' Occupation Tax referred to
15therein, except as to the disposition of taxes and penalties
16collected, and except for the provision allowing retailers a
17deduction from the tax cover certain costs, and except that
18credit memoranda issued hereunder may not be used to discharge
19any State tax liability) of the Automobile Renting Occupation
20and Use Tax Act as fully as if provisions contained in those
21Sections of said Act were set forth in this subsection.
22Persons subject to any tax imposed pursuant to the authority
23granted in this paragraph may reimburse themselves for their
24tax liability under this subsection by separately stating such
25tax as an additional charge, which charge may be stated in
26combination, in a single amount, with State tax which sellers

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1are required to collect under the Automobile Renting
2Occupation and Use Tax Act pursuant to such bracket schedules
3as the Department may prescribe. Nothing in this subsection
4shall be construed to authorize the Authority to impose a tax
5upon the privilege of engaging in any business which under the
6United States Constitution may not be made the subject of
7taxation by this State.
8 (b) The Board may impose a tax upon the privilege of using,
9in the metropolitan region, an automobile which is rented from
10a renter outside Illinois, and that is titled or registered
11with an agency of this State's government, at a rate not to
12exceed 1% of the rental price of such automobile within Cook
13County, and not to exceed 0.25% of the rental price within the
14counties of DuPage, Kane, Lake, McHenry, and Will. Such tax
15shall be collected from persons whose Illinois address for
16titling or registration purposes is given as being in the
17metropolitan region. Such tax shall be collected by the
18Department of Revenue for the Authority. Such tax must be paid
19to the State, or an exemption determination must be obtained
20from the Department of Revenue before the title or certificate
21of registration for the property may be issued. The tax or
22proof of exemption may be transmitted to the Department by way
23of the State agency with which, or State officer with whom the
24tangible personal property must be titled or registered if the
25Department and such agency or State officer determine that
26this procedure will expedite the processing of applications

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1for title or registration. The Department has full power to
2administer and enforce this subsection; to collect all taxes,
3penalties and interest due under this subsection; to dispose
4of taxes, penalties, and interest so collected in the manner
5provided in this subsection, and to determine all rights to
6credit memoranda or refunds arising on account of the
7erroneous payment of tax, penalty, or interest under this
8subsection. In the administration of, and compliance with,
9this subsection, the Department and persons who are subject to
10this paragraph have the same rights, remedies, privileges,
11immunities, powers, and duties, and are subject to the same
12conditions, restrictions, limitations, penalties, and
13definitions of terms, and employ the same modes of procedure,
14as are prescribed in Sections 2 and 4 (except provisions
15pertaining to the State rate of tax; and with relation to the
16provisions of the Use Tax Act referred to therein, except
17provisions concerning collection or refunding of the tax by
18retailers, and except the provisions of Section 19 pertaining
19to claims by retailers and except the last paragraph
20concerning refunds, and except that credit memoranda issued
21hereunder may not be used to discharge any State tax
22liability) of the Automobile Renting Occupation and Use Tax
23Act which are not inconsistent with this subsection, as fully
24as if provisions contained in those Sections of said Act were
25set forth in this subsection.
26 (c) Whenever the Department determines that a refund

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1should be made under this Section to a claimant instead of
2issuing a credit memorandum, the Department shall notify the
3State Comptroller, who shall cause the order to be drawn for
4the amount specified, and to the person named, in such
5notification from the Department. Such refund shall be paid by
6the State Treasurer out of the Metropolitan Mobility Authority
7Occupation and Use Tax Replacement Fund created under Section
86.02.
9 (d) The Department shall forthwith pay over to the State
10Treasurer, ex officio, as trustee, all taxes, penalties and
11interest collected under this Section. On or before the 25th
12day of each calendar month, the Department shall prepare and
13certify to the State Comptroller the amount to be paid to the
14Authority. The State Department of Revenue shall also certify
15to the Authority the amount of taxes collected in each county
16other than Cook County in the metropolitan region less the
17amount necessary for the payment of refunds to taxpayers in
18such county. With regard to Cook County, the certification
19shall specify the amount of taxes collected within the City of
20Chicago less the amount necessary for the payment of refunds
21to taxpayers in the City of Chicago and the amount collected in
22that portion of Cook County outside the City of Chicago less
23the amount necessary for the payment of refunds to taxpayers
24in that portion of Cook County outside the City of Chicago. The
25amount to be paid to the Authority shall be the amount, not
26including credit memoranda, collected under this Section

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1during the second preceding calendar month by the Department,
2and not including an amount equal to the amount of refunds made
3during the second preceding calendar month by the Department
4on behalf of the Authority. Within 10 days after receipt by the
5State Comptroller of the disbursement certification to the
6Authority, the State Comptroller shall cause the orders to be
7drawn in accordance with the directions contained in such
8certification.
9 (e) An ordinance imposing a tax under this Section or
10effecting a change in the rate of the tax shall be effective on
11the first day of the calendar month next following the month in
12which such ordinance is passed. The Board shall transmit to
13the Department of Revenue on or not later than 5 days after
14passage of the ordinance a certified copy of the ordinance
15imposing such tax whereupon the Department of Revenue shall
16proceed to administer and enforce this Section on behalf of
17the Authority as of the effective date of the ordinance. Upon a
18change in rate of a tax levied hereunder, or upon the
19discontinuance of the tax, the Board shall, on or not later
20than 5 days after passage of the ordinance discontinuing the
21tax or effecting a change in rate, transmit to the Department
22of Revenue a certified copy of the ordinance effecting such
23change or discontinuance.
24 Section 6.04. Distribution of revenues.
25 (a) This Section applies only after the Department begins

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1administering and enforcing an increased tax under subsection
2(bb) of Section 6.02 as authorized by this Act. After
3providing for payment of its obligations with respect to bonds
4and notes issued under the provisions of Section 6.05 and
5obligations related to those bonds and notes and separately
6accounting for the tax on aviation fuel deposited into the
7Local Government Aviation Trust Fund, the Authority shall
8disburse the remaining proceeds from taxes it has received
9from the Department of Revenue under this Article VI and the
10remaining proceeds it has received from the State under
11subsection (a) of Section 6.08 among the Authority programs.
12 (b) The Authority shall allocate among the Authority
13programs money received by the Authority on account of
14transfers to the Metropolitan Mobility Authority Occupation
15and Use Tax Replacement Fund from the State and Local Sales Tax
16Reform Fund.
17 (c) The Authority shall allocate money received from the
18State under subsection (a) of Section 6.08 among the Authority
19programs.
20 (d) The Authority shall allocate funds provided by the
21State of Illinois under subsection (cc) of Section 6.02 among
22the Authority programs.
23 (e) With respect to those taxes collected in DuPage, Kane,
24Lake, McHenry, and Will counties and paid directly to the
25counties under Section 6.02, the county board of each county
26shall use those amounts to fund operating and capital costs of

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1public safety and public transportation services or facilities
2or to fund operating, capital, right-of-way, construction, and
3maintenance costs of other transportation purposes, including
4road, bridge, public safety, and transit purposes intended to
5improve mobility or reduce congestion in the county. The
6receipt of funding by such counties pursuant to this
7subsection may not be used as the basis for reducing any funds
8that such counties would otherwise have received from the
9State of Illinois, any agency or instrumentality thereof, the
10Authority, or the Operating Divisions.
11 Section 6.05. Issuance and pledge of bonds and notes.
12 (a) The Authority may borrow money and to issue its
13negotiable bonds or notes as provided in this Section. Unless
14otherwise indicated in this Section, the term "notes" also
15includes bond anticipation notes, which are notes which by
16their terms provide for their payment from the proceeds of
17bonds thereafter to be issued.
18 (b) Bonds or notes of the Authority may be issued for any
19or all of the following purposes:
20 (1) to pay costs to the Authority of constructing or
21 acquiring any public transportation facilities, including
22 funds and rights relating thereto;
23 (2) to repay advances to the Authority made for such
24 purposes; and to pay other expenses of the Authority
25 incident to or incurred in connection with such

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1 construction or acquisition;
2 (3) to provide funds for any transportation agency to
3 pay principal of or interest or redemption premium on any
4 bonds or notes, whether as such amounts become due or by
5 earlier redemption, issued prior to the effective date of
6 this Act by such transportation agency to construct or
7 acquire public transportation facilities or to provide
8 funds to purchase such bonds or notes;
9 (4) to provide funds for any transportation agency to
10 construct or acquire any public transportation facilities,
11 to repay advances made for such purposes, and to pay other
12 expenses incident to or incurred in connection with such
13 construction or acquisition; and
14 (5) to provide funds for payment of obligations,
15 including the funding of reserves, under any
16 self-insurance plan or joint self-insurance pool or
17 entity.
18 (c) In addition to any other borrowing as may be
19authorized by this Section, the Authority may issue its notes,
20from time to time, in anticipation of tax receipts of the
21Authority or of other revenues or receipts of the Authority,
22in order to provide money for the Authority to cover any cash
23flow deficit which the Authority anticipates incurring. Any
24such notes are referred to in this Section as "working cash
25notes".
26 (d) Working cash notes may not be issued for a term of

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1longer than 24 months.
2 (e) Proceeds of working cash notes may be used to pay
3day-to-day operating expenses of the Authority, consisting of
4wages, salaries, and fringe benefits, professional and
5technical services, including legal, audit, engineering, and
6other consulting services, office rental, furniture, fixtures
7and equipment, insurance premiums, claims for self-insured
8amounts under insurance policies, public utility obligations
9for telephone, light, heat, and similar items, travel
10expenses, office supplies, postage, dues, subscriptions,
11public hearings and information expenses, fuel purchases, and
12payments of grants and payments under purchase of service
13agreements for operations of transportation agencies, prior to
14the receipt by the Authority from time to time of funds for
15paying such expenses.
16 (f) The Authority may issue notes or bonds to pay, refund,
17or redeem any of its notes and bonds, including to pay
18redemption premiums or accrued interest on such bonds or notes
19being renewed, paid or refunded, and other costs in connection
20therewith.
21 (g) The Authority may use the proceeds of any bonds or
22notes issued under this Section to pay the legal, financial,
23administrative, and other expenses of such authorization,
24issuance, sale, or delivery of bonds or notes or to provide or
25increase a debt service reserve fund with respect to any or all
26of its bonds or notes.

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1 (h) The Authority may issue and deliver its bonds or notes
2in exchange for any public transportation facilities,
3including funds and rights relating thereto, or in exchange
4for outstanding bonds or notes of the Authority, including any
5accrued interest or redemption premium thereon, without
6advertising or submitting such notes or bonds for public
7bidding.
8 (i) The ordinance providing for the issuance of any bonds
9or notes issued under this Section shall fix the date or dates
10of maturity, the dates on which interest is payable, any
11sinking fund account or reserve fund account provisions, and
12all other details of such bonds or notes and may provide for
13such covenants or agreements necessary or desirable with
14regard to the issue, sale and security of such bonds or notes.
15The rate or rates of interest on its bonds or notes may be
16fixed or variable and the Authority shall determine or provide
17for the determination of the rate or rates of interest of its
18bonds or notes issued under this Act in an ordinance adopted by
19the Authority prior to the issuance thereof, none of which
20rates of interest shall exceed that permitted in the Bond
21Authorization Act. Interest may be payable at such times as
22are provided for by the Board.
23 (j) Bonds and notes issued under this Section may be
24issued as serial or term obligations, shall be of such
25denomination or denominations and form, including interest
26coupons to be attached thereto, be executed in such manner,

SB3936- 146 -LRB103 40367 AWJ 72644 b
1shall be payable at such place or places and bear such date as
2the Authority shall fix by the ordinance authorizing such bond
3or note and shall mature at such time or times, within a period
4not to exceed 40 years from the date of issue, and may be
5redeemable prior to maturity with or without premium, at the
6option of the Authority, upon such terms and conditions as the
7Authority shall fix by the ordinance authorizing the issuance
8of such bonds or notes.
9 (k) A bond anticipation note or any renewal thereof may
10not mature at any time or times exceeding 5 years from the date
11of the first issuance of such note.
12 (l) The Authority may provide for the registration of
13bonds or notes in the name of the owner as to the principal
14alone or as to both principal and interest, upon such terms and
15conditions as the Authority may determine.
16 (m) The ordinance authorizing bonds or notes may provide
17for the exchange of such bonds or notes which are fully
18registered, as to both principal and interest, with bonds or
19notes which are registrable as to principal only.
20 (n) All bonds or notes issued under this Section by the
21Authority other than those issued in exchange for property or
22for bonds or notes of the Authority shall be sold at a price
23which may be at a premium or discount but such that the
24interest cost, excluding any redemption premium, to the
25Authority of the proceeds of an issue of such bonds or notes,
26computed to stated maturity according to standard tables of

SB3936- 147 -LRB103 40367 AWJ 72644 b
1bond values, shall not exceed that permitted in the Bond
2Authorization Act.
3 (o) The Authority shall notify the Governor's Office of
4Management and Budget and the State Comptroller at least 30
5days before any bond sale and shall file with the Governor's
6Office of Management and Budget and the State Comptroller a
7certified copy of any ordinance authorizing the issuance of
8bonds at or before the issuance of the bonds.
9 (p) Any such bonds or notes of the Authority shall be sold
10to the highest and best bidder on sealed bids as the Authority
11shall deem. As such bonds or notes are to be sold the Authority
12shall advertise for proposals to purchase the bonds or notes
13which advertisement shall be published at least once in a
14daily newspaper of general circulation published in the
15metropolitan region at least 10 days before the time set for
16the submission of bids. The Authority shall have the right to
17reject any or all bids.
18 (q) Notwithstanding any other provisions of this Section,
19working cash notes or bonds or notes to provide funds for
20self-insurance or a joint self-insurance pool or entity may be
21sold either upon competitive bidding or by negotiated sale,
22without any requirement of publication of intention to
23negotiate the sale of such Notes, as the Board shall determine
24by ordinance.
25 (r) In case any officer whose signature appears on any
26bonds, notes, or coupons authorized pursuant to this Section

SB3936- 148 -LRB103 40367 AWJ 72644 b
1shall cease to be such officer before delivery of such bonds or
2notes, such signature shall nevertheless be valid and
3sufficient for all purposes, the same as if such officer had
4remained in office until such delivery. Neither the Directors
5of the Authority nor any person executing any bonds or notes
6thereof shall be liable personally on any such bonds or notes
7or coupons by reason of the issuance thereof.
8 (s) All bonds or notes of the Authority issued pursuant to
9this Section shall be general obligations of the Authority to
10which shall be pledged the full faith and credit of the
11Authority, as provided in this Section. Such bonds or notes
12shall be secured as provided in the authorizing ordinance,
13which may, notwithstanding any other provision of this Act,
14include in addition to any other security, a specific pledge
15or assignment of and lien on or security interest in any or all
16tax receipts of the Authority and on any or all other revenues
17or moneys of the Authority from whatever source, which may, by
18law, be used for debt service purposes and a specific pledge or
19assignment of and lien on or security interest in any funds or
20accounts established or provided for by the ordinance of the
21Authority authorizing the issuance of such bonds or notes. Any
22such pledge, assignment, lien, or security interest for the
23benefit of holders of bonds or notes of the Authority shall be
24valid and binding from the time the bonds or notes are issued
25without any physical delivery or further act and shall be
26valid and binding as against and prior to the claims of all

SB3936- 149 -LRB103 40367 AWJ 72644 b
1other parties having claims of any kind against the Authority
2or any other person irrespective of whether such other parties
3have notice of such pledge, assignment, lien, or security
4interest. The obligations of the Authority incurred pursuant
5to this Section are superior to and have priority over any
6other obligations of the Authority.
7 (t) The Authority may provide in the ordinance authorizing
8the issuance of any bonds or notes issued pursuant to this
9Section for the creation of, deposits in, and regulation and
10disposition of sinking fund or reserve accounts relating to
11such bonds or notes. The ordinance authorizing the issuance of
12any bonds or notes pursuant to this Section may contain
13provisions as part of the contract with the holders of the
14bonds or notes, for the creation of a separate fund to provide
15for the payment of principal and interest on such bonds or
16notes and for the deposit in such fund from any or all the tax
17receipts of the Authority and from any or all such other moneys
18or revenues of the Authority from whatever source which may by
19law be used for debt service purposes, all as provided in such
20ordinance, of amounts to meet the debt service requirements on
21such bonds or notes, including principal and interest, and any
22sinking fund or reserve fund account requirements as may be
23provided by such ordinance, and all expenses incident to or in
24connection with such fund and accounts or the payment of such
25bonds or notes. Such ordinance may also provide limitations on
26the issuance of additional bonds or notes of the Authority.

SB3936- 150 -LRB103 40367 AWJ 72644 b
1Such bonds or notes of the Authority do not constitute a debt
2of the State of Illinois. Nothing in this Act shall be
3construed to enable the Authority to impose any ad valorem tax
4on property.
5 (u) The ordinance of the Authority authorizing the
6issuance of any bonds or notes may provide additional security
7for such bonds or notes by providing for appointment of a
8corporate trustee, which may be any trust company or bank
9having the powers of a trust company within the State, with
10respect to such bonds or notes. The ordinance shall prescribe
11the rights, duties, and powers of the trustee to be exercised
12for the benefit of the Authority and the protection of the
13holders of such bonds or notes. The ordinance may provide for
14the trustee to hold in trust, invest, and use amounts in funds
15and accounts created as provided by the ordinance with respect
16to the bonds or notes. The ordinance may provide for the
17assignment and direct payment to the trustee of any or all
18amounts produced from the sources provided in Sections 6.02
19and 6.08 and provided in Section 6z-17 of the State Finance
20Act. Upon receipt of notice of any such assignment, the
21Department of Revenue and the Comptroller of the State of
22Illinois shall thereafter, notwithstanding the provisions of
23Sections 6.02 and 6.08 and Section 6z-17 of the State Finance
24Act, provide for such assigned amounts to be paid directly to
25the trustee instead of the Authority, all in accordance with
26the terms of the ordinance making the assignment. The

SB3936- 151 -LRB103 40367 AWJ 72644 b
1ordinance shall provide that amounts so paid to the trustee
2which are not required to be deposited, held, or invested in
3funds and accounts created by the ordinance with respect to
4bonds or notes or used for paying bonds or notes to be paid by
5the trustee to the Authority.
6 (v) Any bonds or notes of the Authority issued pursuant to
7this Section shall constitute a contract between the Authority
8and the holders from time to time of such bonds or notes. In
9issuing any bond or note, the Authority may include in the
10ordinance authorizing such issue a covenant as part of the
11contract with the holders of the bonds or notes, that as long
12as such obligations are outstanding, it shall make such
13deposits, as provided in subsection (c). It may also so
14covenant that it shall impose and continue to impose taxes, as
15provided in Section 6.02 and in addition thereto as
16subsequently authorized by law, sufficient to make such
17deposits and pay the principal and interest and to meet other
18debt service requirements of such bonds or notes as they
19become due. A certified copy of the ordinance authorizing the
20issuance of any such obligations shall be filed at or prior to
21the issuance of such obligations with the State Comptroller
22and the Department of Revenue.
23 (w) The State of Illinois pledges to and agrees with the
24holders of the bonds and notes of the Authority issued
25pursuant to this Section that the State will not limit or alter
26the rights and powers vested in the Authority by this Act to

SB3936- 152 -LRB103 40367 AWJ 72644 b
1impair the terms of any contract made by the Authority with
2such holders or in any way impair the rights and remedies of
3such holders until such bonds and notes, together with
4interest thereon, with interest on any unpaid installments of
5interest, and all costs and expenses in connection with any
6action or proceedings by or on behalf of such holders, are
7fully met and discharged. In addition, the State pledges to
8and agrees with the holders of the bonds and notes of the
9Authority issued pursuant to this Section that the State will
10not limit or alter the basis on which State funds are to be
11paid to the Authority as provided in this Act, or the use of
12such funds, so as to impair the terms of any such contract. The
13Authority may include these pledges and agreements of the
14State in any contract with the holders of bonds or notes issued
15pursuant to this Section.
16 (x) Except as provided in subsections (y) and (aa), the
17Authority may not issue, sell, or deliver any bonds or notes,
18other than working cash notes and lines of credit, pursuant to
19this Section which will cause it to have issued and
20outstanding at any time in excess of $800,000,000 of such
21bonds and notes, other than working cash notes and lines of
22credit. The Authority shall not issue, sell, or deliver any
23working cash notes or establish a line of credit pursuant to
24this Section that will cause it to have issued and outstanding
25at any time in excess of $100,000,000. Bonds or notes which are
26being paid or retired by such issuance, sale, or delivery of

SB3936- 153 -LRB103 40367 AWJ 72644 b
1bonds or notes, and bonds or notes for which sufficient funds
2have been deposited with the paying agency of such bonds or
3notes to provide for payment of principal and interest thereon
4or to provide for the redemption thereof, all pursuant to the
5ordinance authorizing the issuance of such bonds or notes,
6shall not be considered to be outstanding for the purposes of
7this subsection.
8 (y) The Authority may issue, sell, and deliver bonds or
9notes in such amounts as are necessary to provide for the
10refunding or advance refunding of bonds or notes issued for
11Strategic Capital Improvement Projects under this subsection
12if no such refunding bond or note shall mature later than the
13final maturity date of the series of bonds or notes being
14refunded and if the debt service requirements for such
15refunding bonds or notes in the current or any future fiscal
16year do not exceed the debt service requirements for that year
17on the refunded bonds or notes.
18 (z) The Authority may also issue, sell, and deliver bonds
19or notes in such amounts as are necessary to provide for the
20refunding or advance refunding of bonds or notes issued for
21Strategic Capital Improvement Projects under paragraph (3) of
22subsection (g) of Section 4.04 of the Regional Transportation
23Authority Act (repealed), provided that no such refunding bond
24or note shall mature later than the final maturity date of the
25series of bonds or notes being refunded, and provided further
26that the debt service requirements for such refunding bonds or

SB3936- 154 -LRB103 40367 AWJ 72644 b
1notes in the current or any future fiscal year shall not exceed
2the debt service requirements for that year on the refunded
3bonds or notes.
4 (aa) The Authority, subject to the terms of any agreements
5with noteholders or bondholders as may then exist, may, out of
6any funds available therefore, purchase notes or bonds of the
7Authority, which shall thereupon be canceled.
8 (bb) In addition to any other authority granted by law,
9the State Treasurer may, with the approval of the Governor,
10invest or reinvest, at a price not to exceed par, any State
11money in the State treasury which is not needed for current
12expenditures due or about to become due in working cash notes.
13If there is a default on a working cash note issued by the
14Authority in which State money in the State treasury was
15invested, the Treasurer may, after giving notice to the
16Authority, certify to the Comptroller the amounts of the
17defaulted working cash note, in accordance with any applicable
18rules of the Comptroller, and the Comptroller must deduct and
19remit to the State treasury the certified amounts or a portion
20of those amounts from the following proportions of payments of
21State funds to the Authority:
22 (i) in the first year after default, one-third of the
23 total amount of any payments of State funds to the
24 Authority;
25 (ii) in the second year after default, two-thirds of
26 the total amount of any payments of State funds to the

SB3936- 155 -LRB103 40367 AWJ 72644 b
1 Authority; and
2 (iii) in the third year after default and for each
3 year thereafter until the total invested amount is repaid,
4 the total amount of any payments of State funds to the
5 Authority.
6 (cc) The Authority may establish a line of credit with a
7bank or other financial institution as may be evidenced by the
8issuance of notes or other obligations, secured by and payable
9from all tax receipts of the Authority and any or all other
10revenues or moneys of the Authority, in an amount not to exceed
11the limitations set forth in subsection (x). Money borrowed
12under this subsection shall be used to provide money for the
13Authority to cover any cash flow deficit that the Authority
14anticipates incurring and shall be repaid within 24 months.
15 (dd) Before establishing a line of credit under subsection
16(cc), the Authority shall authorize the line of credit by
17ordinance. The ordinance shall set forth facts demonstrating
18the need for the line of credit, state the amount to be
19borrowed, establish a maximum interest rate limit not to
20exceed the maximum rate authorized by the Bond Authorization
21Act, and provide a date by which the borrowed funds shall be
22repaid. The ordinance shall authorize and direct the relevant
23officials to make arrangements to set apart and hold, as
24applicable, the moneys that will be used to repay the
25borrowing. In addition, the ordinance may authorize the
26relevant officials to make partial repayments on the line of

SB3936- 156 -LRB103 40367 AWJ 72644 b
1credit as the moneys become available and may contain any
2other terms, restrictions, or limitations desirable or
3necessary to give effect to subsection (cc).
4 (ee) The Authority shall notify the Governor's Office of
5Management and Budget and the State Comptroller at least 30
6days before establishing a line of credit and shall file with
7the Governor's Office of Management and Budget and the State
8Comptroller a certified copy of any ordinance authorizing the
9establishment of a line of credit upon or before establishing
10the line of credit.
11 (ff) Moneys borrowed under a line of credit pursuant to
12subsection (cc) are general obligations of the Authority that
13are secured by the full faith and credit of the Authority.
14 Section 6.06. Bonds, notes, and certificates; legal
15investments. The State, all units of local government, all
16public officers, banks, bankers, trust companies, savings
17banks and institutions, building and loan associations,
18savings and loan associations, investment companies and other
19persons carrying on a banking business, insurance companies,
20insurance associations and other persons carrying on an
21insurance business, and all executors, administrators,
22guardians, trustees and other fiduciaries may legally invest
23any sinking funds, moneys, or other funds belonging to them or
24within their control in any bonds, notes, or equipment trust
25certificates issued pursuant to this Act, it being the purpose

SB3936- 157 -LRB103 40367 AWJ 72644 b
1of this Section to authorize the investment in such bonds,
2notes, or certificates of all sinking, insurance, retirement,
3compensation, pension, and trust funds, whether owned or
4controlled by private or public persons or officers. However,
5nothing in this Section may be construed as relieving any
6person, firm, or corporation from any duty of exercising
7reasonable care in selecting securities for purchase or
8investment.
9 Section 6.07. Exemption from taxation. The Authority is
10exempt from all State and unit of local government taxes and
11registration and license fees other than as required for motor
12vehicle registration in accordance with the Illinois Vehicle
13Code. All property of the Authority is declared to be public
14property devoted to an essential public and governmental
15function and purpose and is exempt from all taxes and special
16assessments of the State, any subdivision thereof, or any unit
17of local government.
18 Section 6.08. Public Transportation Fund and the
19Metropolitan Mobility Authority Occupation and Use Tax
20Replacement Fund.
21 (a) As soon as possible after the first day of each month,
22upon certification of the Department of Revenue, the
23Comptroller shall order transferred and the Treasurer shall
24transfer from the General Revenue Fund to the Public

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1Transportation Fund, a special fund in the State treasury, an
2amount equal to 25% of the net revenue, before the deduction of
3the serviceman and retailer discounts pursuant to Section 9 of
4the Service Occupation Tax Act and Section 3 of the Retailers'
5Occupation Tax Act, realized from any tax imposed by the
6Authority pursuant to Sections 6.02 and 6.03 and 25% of the
7amounts deposited into the Metropolitan Mobility Authority
8Occupation and Use Tax Replacement Fund created by Section
96.02, from the County and Mass Transit District Fund as
10provided in Section 6z-20 of the State Finance Act and 25% of
11the amounts deposited into the Metropolitan Mobility Authority
12Occupation and Use Tax Replacement Fund from the State and
13Local Sales Tax Reform Fund as provided in Section 6z-17 of the
14State Finance Act. On the first day of the month following the
15date that the Department receives revenues from increased
16taxes under subsection (cc) of Section 6.02, in lieu of the
17transfers authorized in the preceding sentence, upon
18certification of the Department of Revenue, the Comptroller
19shall order transferred and the Treasurer shall transfer from
20the General Revenue Fund to the Public Transportation Fund an
21amount equal to 25% of the net revenue, before the deduction of
22the serviceman and retailer discounts pursuant to Section 9 of
23the Service Occupation Tax Act and Section 3 of the Retailers'
24Occupation Tax Act, realized from (i) 80% of the proceeds of
25any tax imposed by the Authority at a rate of 1.25% in Cook
26County, (ii) 75% of the proceeds of any tax imposed by the

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1Authority at the rate of 1% in Cook County, and (iii) one-third
2of the proceeds of any tax imposed by the Authority at the rate
3of 0.75% in the Counties of DuPage, Kane, Lake, McHenry, and
4Will, all pursuant to Section 6.02, and 25% of the net revenue
5realized from any tax imposed by the Authority pursuant to
6Section 6.03, and 25% of the amounts deposited into the
7Metropolitan Mobility Authority Occupation and Use Tax
8Replacement Fund created by Section 6.02 from the County and
9Mass Transit District Fund as provided in Section 6z-20 of the
10State Finance Act, and 25% of the amounts deposited into the
11Metropolitan Mobility Authority Occupation and Use Tax
12Replacement Fund from the State and Local Sales Tax Reform
13Fund as provided in Section 6z-17 of the State Finance Act. As
14used in this Section, net revenue realized for a month shall be
15the revenue collected by the State pursuant to Sections 6.02
16and 6.03 during the previous month from within the
17metropolitan region, less the amount paid out during that same
18month as refunds to taxpayers for overpayment of liability in
19the metropolitan region under Sections 6.02 and 6.03.
20 (b) Notwithstanding any provision of law to the contrary,
21those amounts required under subsection (a) to be transferred
22by the Treasurer into the Public Transportation Fund from the
23General Revenue Fund shall be directly deposited into the
24Public Transportation Fund as the revenues are realized from
25the taxes indicated.
26 (c) Except as otherwise provided in subsection (c), on the

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1first day of each month, upon certification by the Department
2of Revenue, the Comptroller shall order transferred and the
3Treasurer shall transfer from the General Revenue Fund to the
4Public Transportation Fund an amount equal to 5% of the net
5revenue, before the deduction of the serviceman and retailer
6discounts pursuant to Section 9 of the Service Occupation Tax
7Act and Section 3 of the Retailers' Occupation Tax Act,
8realized from any tax imposed by the Authority pursuant to
9Sections 6.02 and 6.03 and certified by the Department of
10Revenue under subsection (cc) of Section 6.02 to be paid to the
11Authority and 5% of the amounts deposited into the
12Metropolitan Mobility Authority Occupation and Use Tax
13Replacement Fund created by subsection (cc) of Section 6.02
14from the County and Mass Transit District Fund as provided in
15Section 6z-20 of the State Finance Act, and 5% of the amounts
16deposited into the Metropolitan Mobility Authority Occupation
17and Use Tax Replacement Fund from the State and Local Sales Tax
18Reform Fund as provided in Section 6z-17 of the State Finance
19Act, and 5% of the revenue realized by the Authority as
20financial assistance from the City of Chicago from the
21proceeds of any tax imposed by the City of Chicago under
22Section 8-3-19 of the Illinois Municipal Code.
23 (d) Notwithstanding any provision of law to the contrary,
24those amounts required under subsection (e) to be transferred
25by the Treasurer into the Public Transportation Fund from the
26General Revenue Fund shall be directly deposited into the

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1Public Transportation Fund as the revenues are realized from
2the taxes indicated.
3 (e) Except as otherwise provided in subsection (g), as
4soon as possible after the first day of each month, upon
5certification of the Department of Revenue with respect to the
6taxes collected under Section 6.02, the Comptroller shall
7order transferred and the Treasurer shall transfer from the
8General Revenue Fund to the Public Transportation Fund an
9amount equal to 25% of the net revenue, before the deduction of
10the serviceman and retailer discounts pursuant to Section 9 of
11the Service Occupation Tax Act and Section 3 of the Retailers'
12Occupation Tax Act, realized from (i) 20% of the proceeds of
13any tax imposed by the Authority at a rate of 1.25% in Cook
14County, (ii) 25% of the proceeds of any tax imposed by the
15Authority at the rate of 1% in Cook County, and (iii) one-third
16of the proceeds of any tax imposed by the Authority at the rate
17of 0.75% in the Counties of DuPage, Kane, Lake, McHenry, and
18Will, all pursuant to Section 6.02, and the Comptroller shall
19order transferred and the Treasurer shall transfer from the
20General Revenue Fund to the Public Transportation Fund (iv) an
21amount equal to 25% of the revenue realized by the Authority as
22financial assistance from the City of Chicago from the
23proceeds of any tax imposed by the City of Chicago under
24Section 8-3-19 of the Illinois Municipal Code.
25 (f) Notwithstanding any provision of law to the contrary,
26those amounts required under subsection (e) to be transferred

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1by the Treasurer into the Public Transportation Fund from the
2General Revenue Fund shall be directly deposited into the
3Public Transportation Fund as the revenues are realized from
4the taxes indicated
5 (g) Notwithstanding any provision of law to the contrary,
6of the transfers to be made under subsections (a), (c), and (e)
7from the General Revenue Fund to the Public Transportation
8Fund, the first $150,000,000 that would have otherwise been
9transferred from the General Revenue Fund shall be transferred
10from the Road Fund. The remaining balance of such transfers
11shall be made from the General Revenue Fund.
12 (h) All moneys deposited into the Public Transportation
13Fund and the Metropolitan Mobility Authority Occupation and
14Use Tax Replacement Fund, whether deposited pursuant to this
15Section or otherwise, are allocated to the Authority, except
16for amounts appropriated to the Office of the Executive
17Inspector General under subsection (a) of Section 5.14 and
18amounts transferred to the Audit Expense Fund pursuant to
19Section 6z-27 of the State Finance Act. The Comptroller, as
20soon as possible after each monthly transfer provided in this
21Section and after each deposit into the Public Transportation
22Fund, shall order the Treasurer to pay to the Authority out of
23the Public Transportation Fund the amount so transferred or
24deposited. Any additional state assistance and additional
25financial assistance paid to the Authority under this Section
26shall be expended by the Authority for its purposes as

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1provided in this Act. The balance of the amounts paid to the
2Authority from the Public Transportation Fund shall be
3expended by the Authority as provided in Section 6.04. The
4Comptroller, as soon as possible after each deposit into the
5Metropolitan Mobility Authority Occupation and Use Tax
6Replacement Fund provided in this Section and Section 6z-17 of
7the State Finance Act, shall order the Treasurer to pay to the
8Authority out of the Metropolitan Mobility Authority
9Occupation and Use Tax Replacement Fund the amount so
10deposited. Such amounts paid to the Authority may be expended
11by it for its purposes as provided in this Act. The provisions
12directing the distributions from the Public Transportation
13Fund and the Metropolitan Mobility Authority Occupation and
14Use Tax Replacement Fund provided for in this Section shall
15constitute an irrevocable and continuing appropriation of all
16amounts as provided herein. The State Treasurer and State
17Comptroller are authorized and directed to make distributions
18as provided in this Section. However, no moneys deposited
19under subsection (a) shall be paid from the Public
20Transportation Fund to the Authority or its assignee for any
21fiscal year until the Authority has certified to the Governor,
22the Comptroller, and the Mayor of the City of Chicago that it
23has adopted for that fiscal year an Annual Budget and Two-Year
24Financial Plan meeting the requirements in Section 5.12.
25 (i) In recognition of the efforts of the Authority to
26enhance the mass transportation facilities under its control,

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1the State shall provide financial assistance (hereinafter
2"additional state assistance"). Additional state assistance
3shall be calculated as provided in subsection (k), but may not
4exceed $55,000,000.
5 (j) The State shall provide financial assistance
6(hereinafter "additional financial assistance") in addition to
7the additional state assistance provided by subsection (i) and
8the amounts transferred to the Authority under subsection (a).
9Additional financial assistance provided by this subsection
10shall be calculated as provided in subsection (k), but may not
11exceed $100,000,000.
12 (k) The Authority shall annually certify to the State
13Comptroller and State Treasurer, separately with respect to
14each of paragraphs (2) and (3) of subsection (g) of Section
154.04 of the Regional Transportation Act (repealed), the
16following amounts:
17 (1) The amount necessary and required, during the
18 State fiscal year with respect to which the certification
19 is made, to pay its obligations for debt service on all
20 outstanding bonds or notes issued by the Authority or
21 under paragraphs (2) and (3) of subsection (g) of Section
22 4.04 of the Regional Transportation Authority Act
23 (repealed).
24 (2) An estimate of the amount necessary and required
25 to pay its obligations for debt service for any bonds or
26 notes which the Authority anticipates it will issue under

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1 paragraphs (2) and (3) of subsection (g) of Section 4.04
2 of the Regional Transportation Authority Act (repealed)
3 during that State fiscal year.
4 (3) Its debt service savings during the preceding
5 State fiscal year from refunding or advance refunding of
6 bonds or notes issued under paragraphs (2) and (3) of
7 subsection (g) of Section 4.04 of the Regional
8 Transportation Authority Act (repealed) during that State
9 fiscal year.
10 (4) The amount of interest, if any, earned by the
11 Authority during the previous State fiscal year on the
12 proceeds of bonds or notes issued pursuant to paragraphs
13 (2) and (3) of subsection (g) of Section 4.04 of the
14 Regional Transportation Authority Act (repealed), other
15 than refunding or advance refunding bonds or notes.
16 (l) The certification under subsection (k) shall include a
17specific schedule of debt service payments, including the date
18and amount of each payment for all outstanding bonds or notes
19and an estimated schedule of anticipated debt service for all
20bonds and notes it intends to issue, if any, during that State
21fiscal year, including the estimated date and estimated amount
22of each payment.
23 (m) Immediately upon the issuance of bonds for which an
24estimated schedule of debt service payments was prepared, the
25Authority shall file an amended certification with respect to
26paragraph (2) of subsection (k) to specify the actual schedule

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1of debt service payments, including the date and amount of
2each payment, for the remainder of the State fiscal year.
3 (n) On the first day of each month of the State fiscal year
4in which there are bonds outstanding with respect to which the
5certification is made, the State Comptroller shall order
6transferred and the State Treasurer shall transfer from the
7Road Fund to the Public Transportation Fund the additional
8state assistance and additional financial assistance in an
9amount equal to the aggregate of (i) one-twelfth of the sum of
10the amounts certified under paragraphs (1) and (3) of
11subsection (k) less the amount certified under paragraph (4)
12of subsection (k), plus (ii) the amount required to pay debt
13service on bonds and notes issued during the fiscal year, if
14any, divided by the number of months remaining in the fiscal
15year after the date of issuance, or some smaller portion as may
16be necessary under subsection (i) or (j) for the relevant
17State fiscal year, plus (iii) any cumulative deficiencies in
18transfers for prior months, until an amount equal to the sum of
19the amounts certified under subsections (a) and (e), plus the
20actual debt service certified under subsection (c), less the
21amount certified under subsection (k), has been transferred;
22except that these transfers are subject to the following
23limits:
24 (1) The total transfers in any State fiscal year
25 relating to outstanding bonds and notes issued by the
26 Authority or under paragraph (2) of subsection (g) of

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1 Section 4.04 of the Regional Transportation Authority Act
2 (repealed) may not exceed the lesser of the annual maximum
3 amount specified in subsection (e) or the sum of the
4 amounts certified under subsections (a) and (e), plus the
5 actual debt service certified under subsection (c), less
6 the amount certified under subsection (k), with respect to
7 those bonds and notes.
8 (2) The total transfers in any State fiscal year
9 relating to outstanding bonds and notes issued by the
10 Authority under paragraph (3) of subsection (g) of Section
11 4.04 of the Regional Transportation Authority Act
12 (repealed) may not exceed the lesser of the annual maximum
13 amount specified in subsection (j) or the sum of the
14 amounts certified under subsections (a) and (c), plus the
15 actual debt service certified under subsection (b), less
16 the amount certified under subsection (k), with respect to
17 those bonds and notes.
18 (o) As used in this Section, "outstanding" does not
19include bonds or notes for which refunding or advance
20refunding bonds or notes have been issued.
21 (p) Neither additional state assistance nor additional
22financial assistance may be pledged, either directly or
23indirectly, as general revenues of the Authority or as
24security for any bonds issued by the Authority. The Authority
25may not assign its right to receive additional state
26assistance or additional financial assistance, or direct

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1payment of additional state assistance or additional financial
2assistance, to a trustee or any other entity for the payment of
3debt service on its bonds.
4 (q) The certification required under subsection (k) with
5respect to outstanding bonds and notes of the Authority shall
6be filed as early as practicable before the beginning of the
7State fiscal year to which it relates. The certification shall
8be revised as may be necessary to accurately state the debt
9service requirements of the Authority.
10 Section 6.09. Strategic Capital Improvement Program.
11 (a) This Section and the Annual Capital Improvement Plan
12created in Section 5.10 shall together be known as the
13Strategic Capital Improvement Program. The Strategic Capital
14Improvement Program shall enhance the ability of the Authority
15to acquire, repair, or replace public transportation
16facilities in the metropolitan region and shall be financed
17through the issuance of bonds or notes authorized for
18Strategic Capital Improvement Projects under Section 6.05. The
19Program is intended as a supplement to the ongoing capital
20development activities of the Authority financed with grants,
21loans, and other moneys made available by the federal
22government or the State of Illinois. The Authority shall
23continue to seek, receive, and expend all available grants,
24loans and other moneys.
25 (b) Any contracts for architectural or engineering

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1services for projects approved pursuant to Section 5.10 shall
2comply with the requirements set forth in the Local Government
3Professional Services Selection Act.
4 Section 6.10. Rate protection contracts.
5 (a) As used in this Section, "rate protection contracts"
6means interest rate price exchange agreements; currency
7exchange agreements; forward payment conversion agreements;
8contracts providing for payment or receipt of funds based on
9levels of, or changes in, interest rates, currency exchange
10rates, stock or other indices; contracts to exchange cash
11flows or a series of payments; contracts, including, without
12limitation, interest rate caps; interest rate floor; interest
13rate locks; interest rate collars; rate of return guarantees
14or assurances, to manage payment, currency, rate, spread or
15similar exposure; the obligation, right, or option to issue,
16put, lend, sell, grant a security interest in, buy, borrow or
17otherwise acquire, a bond, note or other security or interest
18therein as an investment, as collateral, as a hedge, or
19otherwise as a source or assurance of payment to or by the
20Authority or as a reduction of the Authority's or an obligor's
21risk exposure; repurchase agreements; securities lending
22agreements; and other similar agreements or arrangements.
23 (b) Notwithstanding any provision in paragraph (2) of
24Section 4.02 to the contrary, in connection with or incidental
25to the issuance by the Authority of its bonds or notes under

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1the provisions of Section 6.05 or the exercise of its powers
2under paragraph (2) of Section 4.02, the Authority, for its
3own benefit or for the benefit of the holders of its
4obligations or their trustee, may enter into rate protection
5contracts. The Authority may enter into rate protection
6contracts only pursuant to a determination by the Directors
7that the terms of the contracts and any related agreements
8reduce the risk of loss to the Authority, or protect, preserve
9or enhance the value of its assets, or provide compensation to
10the Authority for losses resulting from changes in interest
11rates. The Authority's obligations under any rate protection
12contract or credit enhancement or liquidity agreement shall
13not be considered bonds or notes for purposes of this Act. For
14purposes of this Section, a rate protection contract is a
15contract determined by the Authority as necessary or
16appropriate to permit it to manage payment, currency, or
17interest rate risks or levels.
18 Section 6.11. Metropolitan Mobility Authority Additional
19Operating Funding Fund. There is created the Metropolitan
20Mobility Authority Additional Operating Funding Fund, a
21special fund that is created in the State treasury, and,
22subject to appropriation and as directed by the Board, moneys
23in the Fund may be expended for any purpose allowed under this
24Act.

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1 Section 6.12. Nature of funds. The funds described in this
2Act and the Equitable Transit-Supportive Development Act
3generated from transportation sources and deposited into those
4funds are protected under Section 11 of Article IX of the
5Illinois Constitution and the uses of the funds allowed under
6these Acts are deemed transportation purposes under Section 11
7of Article IX and may not, by transfer, offset, or otherwise,
8be diverted by any local government, including, without
9limitation, any home rule unit of government, to any purpose
10other than public transportation purposes. This Section is
11declarative of existing law.
12
Article X. OFFICE OF TRANSIT-ORIENTED DEVELOPMENT
13 Section 10.01. Short title; references to Act; intent.
14 (a) Short title. This Article X may be cited as the
15Equitable Transit-Supportive Development Act. References to
16"this Act" in this Article X mean this Article X.
17 (b) References to Act. This Act, including both the new
18and amendatory provisions, may be referred to as Clean and
19Equitable Transportation Act.
20 (c) Intent. It is the intent of the General Assembly in
21enacting this Act to (1) strengthen connections among people,
22places, and transit, (2) establish a virtuous cycle of
23increasing residential units and employment near transit that
24supports increased transit service, which then makes nearby

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1property more attractive for development, (3) support
2increased housing opportunities and other infill development
3in transit-served locations, (4) enhance the resilience of
4Illinois' transit assets and leverage the value of transit to
5property owners and tenants, and (5) increase transit
6availability and ridership to achieve quality of life,
7economic development, and sustainability objectives.
8 Section 10.02. Definitions. As used in this Act:
9 "Affordable housing" means long-term income-restricted
10housing units for households whose adjusted income is at or
11below 60% of the metropolitan area median income, adjusted for
12household size, for the transit agency service area in which
13the housing units are to be built.
14 "Near high-quality transit" in the metropolitan region, as
15defined in the Metropolitan Mobility Authority Act, refers to
16parcels located within one-half mile of a rail transit station
17or within one-eighth mile of a bus stop with headways of no
18more than 15 minutes for at least 14 hours per day. The Office
19may define "near high-quality transit" differently elsewhere
20in the State.
21 "Office" means the Office of Transit-Oriented Development.
22 "Workforce housing" means long-term income-restricted
23housing units for households whose adjusted income is at or
24below 120% and above 60% of the metropolitan area, as that term
25is defined in the Metropolitan Mobility Authority Act, median

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1income, adjusted for household size.
2 Section 10.03. Establishment of the Office of
3Transit-Oriented Development and Transit-Supportive
4Development Fund.
5 (a) There is established the Office of Transit-Oriented
6Development and the Transit-Supportive Development Fund, a
7special fund that is created in the State treasury, and,
8subject to appropriation and as directed by the Office, may be
9expended as provided in this Act.
10 (b) Amounts on deposit in the Fund and interest and other
11earnings on those amounts may be used by the Office to aid
12transit-supportive development near high-quality transit as
13provided in this Act.
14 (c) Eligible uses of the Fund include, but are not limited
15to, conversion of nonresidential uses to residential use,
16redevelopment of underused parking lots, provision of
17affordable housing and workforce housing, mixed-use
18development, and joint development with a transit agency on
19agency-owned property.
20 (d) In using moneys from the Fund, the Office shall
21prioritize projects that leverage other funding sources and
22promote equitable access to housing and jobs in transit-served
23locations. To qualify for financial support from the Office,
24local jurisdictions must identify opportunity sites with site
25control or documented concurrence from property owners,

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1subject to specific standards to be defined by the Office, to
2support these eligible uses:
3 (1) funding offered by the Office for predevelopment
4 work, including, but not limited to, site acquisition,
5 parcel assembly, environmental remediation, and utility
6 and supporting infrastructure installation, directly or
7 through grants and partnerships with other public or
8 private organizations;
9 (2) loans offered by the Office to provide financing
10 for construction in support of eligible development
11 projects; or
12 (3) technical assistance offered by the Office to
13 transit agencies, local jurisdictions with land use
14 authority, property owners, and developers to help best
15 accommodate transit-supportive development in areas near
16 high-quality transit. As used in this paragraph,
17 "technical assistance" includes, but is not limited to:
18 interagency expertise; development strategy and planning
19 assistance; market or value capture assessments; and
20 assistance with solicitations, ground leases, or revolving
21 funds; professional services, including, but not limited
22 to, marketing, financial analysis, design, engineering,
23 and land surveying.
24 (e) The Office and the State's metropolitan planning
25organizations may partner to carry out this Act, including the
26Office providing operating funding to metropolitan planning

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1organizations for personnel with expertise in
2transit-supportive development in accordance with this Act.
3 Section 10.04. Transit support overlay districts.
4 (a) The metropolitan planning organization for each
5municipality seeking eligibility for assistance by the Office
6shall develop standards for a transit support overlay district
7for that urban area, which may include, but are not limited to,
8transit-supportive allowable uses and densities, restriction
9of auto-oriented uses, removal of parking requirements, site
10planning standards that support walkability, sidewalk network
11connectivity and local funding commitments for sidewalks in
12compliance with the requirements of the Americans with
13Disabilities Act of 1990, as amended, and streetscape features
14that encourage transit use.
15 (b) Assistance by the Office shall be exclusively for
16projects in municipalities that have adopted the standards in
17the transit support overlay district for that area or that
18have adopted zoning and other changes that the Office
19determines have benefits greater than or equal to such a
20District.
21 Section 10.05. Standards and annual reporting. The Office
22shall develop standards and procedures necessary to implement
23this Act and shall annually publish a comprehensive annual
24report that describes its transactions, holdings, and

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1financial position.
2 Section 10.06. Report to General Assembly. By no later
3than 2 years after the effective date of this Act, the Office
4shall submit to the General Assembly a comprehensive study of
5State programs for affordable housing, economic development,
6and other capital investments to determine how the criteria
7for investment under those programs can be aligned to support
8transit and transit-oriented development. The study shall also
9identify opportunities to bundle or streamline access to other
10State investments with the assistance provided by the Office.
11The Illinois Housing Development Authority, Illinois Finance
12Authority, Department of Commerce and Economic Opportunity,
13Capital Development Board, and other relevant departments of
14the State shall cooperate to provide any needed information to
15complete the study and shall implement the recommendations of
16the study.
17
Article XI. ZERO-EMISSION VEHICLES
18 Section 11.01. Short title; references to Act. (a)
19Short title. This Article XI may be cited as the Zero-Emission
20Vehicle Act. References to "this Act" in this Article XI mean
21this Article XI.
22 (b) References to Act. This Act, including both the new
23and amendatory provisions, may be referred to as Clean and

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1Equitable Transportation Act.
2 Section 11.02. Purpose. The purpose of this Act is to
3accelerate the adoption of on-road zero-emission vehicles and
4to reduce emissions of air pollution, including, but not
5limited to, nitrogen oxides (NOx), particulate matter,
6hazardous air pollutants, and greenhouse gases from vehicles
7owned and operated by governmental units in Illinois.
8 Section 11.03. Definitions. In this Act:
9 "Displaced worker" means any employee whose most recent
10separation from active service was due to lack of business, a
11reduction in force, or other economic, nondisciplinary reason
12related to the transition from fossil-fuel reliant vehicles to
13zero-emission or near zero-emissions vehicles.
14 "Governmental unit" means the State, a State agency, a
15unit of local government, or any other political subdivision
16of the State, which exercises limited governmental powers or
17powers in respect to limited governmental subjects, but does
18not include school districts.
19 "Individual facing barriers to employment" means either of
20the following:
21 (1) An individual with a barrier to employment as
22 defined by 29 U.S.C. 3102(24).
23 (2) An individual from a demographic group that
24 represents less than 30% of their relevant industry

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1 workforce according to the United States Bureau of Labor
2 Statistics.
3 "Non-temporary job" means a job other than those
4classified as "day and temporary labor" as defined in the Day
5and Temporary Labor Services Act.
6 "Near zero-emission vehicle" means an on-road hybrid
7electric vehicle that has the capability to charge the battery
8from an off-vehicle conductive or inductive electric source
9and achieves all-electric range.
10 "On-road vehicles" means vehicles intended for use on
11roads. These vehicles include passenger cars and commercial
12vehicles, including vans, trucks, road tractors, specially
13constructed vehicles, buses, trailers, and semi-trailers.
14 "Repower" means to replace the internal combustion engine
15in a vehicle with a zero-emission powertrain.
16 "Zero-emission powertrain" means a powertrain that
17produces zero exhaust emissions of any criteria pollutant,
18precursor pollutant, or greenhouse gas in any mode of
19operation or condition.
20 "Zero-emission vehicles" means on-road vehicles powered
21with a zero-emission powertrain.
22 Section 11.04. Purchase of zero-emission vehicles and near
23zero-emission vehicles.
24 (a) Notwithstanding any other provision of law, all
25on-road vehicles purchased or leased by a governmental unit on

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1or after January 1, 2028 must be a manufactured zero-emission
2vehicle, repowered zero-emission vehicle, manufactured near
3zero-emission vehicle, or repowered near zero-emission
4vehicle. On and after January 1, 2033, all on-road vehicles
5purchased or leased by a governmental unit must be a
6manufactured zero-emission vehicle or repowered zero-emission
7vehicle. By January 1, 2048, all on-road vehicles operated by
8a governmental unit must be a manufactured or repowered
9zero-emission vehicle.
10 (b) By January 1, 2026, the Department of Central
11Management Services shall establish guidance for governmental
12units transitioning fleets to zero-emission and near
13zero-emission vehicles, including, but not limited to, (1) a
14periodically updated list of available zero-emission and near
15zero-emission vehicle models; and (2) a quarterly updated list
16of available incentives, grants, rebates from the federal
17government and State government, VW diesel settlement, and
18utility company programs.
19 (c) Notwithstanding any other provision of this Section, a
20governmental unit may purchase a new internal combustion
21engine vehicle if no zero-emission vehicles nor near
22zero-emission vehicle of the needed configuration is
23commercially available. A governmental unit from may not be
24penalized for not taking immediate delivery of ordered
25zero-emission vehicles for one year due to a construction
26delay beyond the control of the governmental unit. The

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1Department of Central Management Services shall adopt rules
2regarding the scope of any exception under this subsection
3(c).
4 (d) Beginning January 1, 2026, all contracts by
5governmental units for the purchase of zero-emission vehicles
6or near zero-emission vehicles with a base-buy value of
7$10,000,000 or more shall be awarded using a competitive
8best-value procurement process and shall require bidders to
9submit a United States Jobs Plan as part of their solicitation
10responses.
11 (1) The United States Jobs Plan shall include the
12 following information:
13 (A) The number of full-time non-temporary jobs
14 proposed to be retained and created, including an
15 accounting of the positions classified as employees,
16 and positions classified as independent contractors.
17 (B) The number of jobs specifically reserved for
18 individuals facing barriers to employment and the
19 number reserved for displaced workers.
20 (C) The minimum wage levels by job classification
21 for non-supervisory workers.
22 (D) Proposed amounts to be paid for fringe
23 benefits by job classification and the proposed
24 amounts for worker training by job classification.
25 (E) Description of what manuals, trainings, and
26 other resources would be provided to ensure existing

SB3936- 181 -LRB103 40367 AWJ 72644 b
1 purchasing government unit employees are trained on
2 the service, maintenance, and operation of the
3 purchased vehicles.
4 (F) If a federal authority specifically authorizes
5 use of a geographic preference or when State or local
6 funds are used to fund a contract, proposed local jobs
7 created in the State or within an existing facility in
8 the State that are related to the manufacturing of
9 zero-emission and near zero-emissions vehicles and
10 vehicles and related equipment.
11 (2) The United States Jobs Plan shall be scored as a
12 part of the overall application for the covered public
13 contract. The content of United States Jobs Plans shall be
14 incorporated as material terms of the final contract. The
15 United States Jobs Plan and compliance documents shall be
16 made available to the public and subject to full
17 disclosure under the Freedom of Information Act.
18 (3) Contracting entities shall be required to submit
19 annual United States Jobs Plan reports to contracting
20 public agencies demonstrating compliance with their United
21 States Jobs Plan commitments. The terms of the final
22 contract as well as all compliance reporting shall be made
23 available to the public online.
24 (c) This Section does not apply to a contract awarded
25based on a solicitation issued before January 1, 2026.

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1
Article XX. MISCELLANEOUS
2 Section 20.01. The Open Meetings Act is amended by
3changing Section 2 as follows:
4 (5 ILCS 120/2) (from Ch. 102, par. 42)
5 Sec. 2. Open meetings.
6 (a) Openness required. All meetings of public bodies shall
7be open to the public unless excepted in subsection (c) and
8closed in accordance with Section 2a.
9 (b) Construction of exceptions. The exceptions contained
10in subsection (c) are in derogation of the requirement that
11public bodies meet in the open, and therefore, the exceptions
12are to be strictly construed, extending only to subjects
13clearly within their scope. The exceptions authorize but do
14not require the holding of a closed meeting to discuss a
15subject included within an enumerated exception.
16 (c) Exceptions. A public body may hold closed meetings to
17consider the following subjects:
18 (1) The appointment, employment, compensation,
19 discipline, performance, or dismissal of specific
20 employees, specific individuals who serve as independent
21 contractors in a park, recreational, or educational
22 setting, or specific volunteers of the public body or
23 legal counsel for the public body, including hearing
24 testimony on a complaint lodged against an employee, a

SB3936- 183 -LRB103 40367 AWJ 72644 b
1 specific individual who serves as an independent
2 contractor in a park, recreational, or educational
3 setting, or a volunteer of the public body or against
4 legal counsel for the public body to determine its
5 validity. However, a meeting to consider an increase in
6 compensation to a specific employee of a public body that
7 is subject to the Local Government Wage Increase
8 Transparency Act may not be closed and shall be open to the
9 public and posted and held in accordance with this Act.
10 (2) Collective negotiating matters between the public
11 body and its employees or their representatives, or
12 deliberations concerning salary schedules for one or more
13 classes of employees.
14 (3) The selection of a person to fill a public office,
15 as defined in this Act, including a vacancy in a public
16 office, when the public body is given power to appoint
17 under law or ordinance, or the discipline, performance or
18 removal of the occupant of a public office, when the
19 public body is given power to remove the occupant under
20 law or ordinance.
21 (4) Evidence or testimony presented in open hearing,
22 or in closed hearing where specifically authorized by law,
23 to a quasi-adjudicative body, as defined in this Act,
24 provided that the body prepares and makes available for
25 public inspection a written decision setting forth its
26 determinative reasoning.

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1 (4.5) Evidence or testimony presented to a school
2 board regarding denial of admission to school events or
3 property pursuant to Section 24-24 of the School Code,
4 provided that the school board prepares and makes
5 available for public inspection a written decision setting
6 forth its determinative reasoning.
7 (5) The purchase or lease of real property for the use
8 of the public body, including meetings held for the
9 purpose of discussing whether a particular parcel should
10 be acquired.
11 (6) The setting of a price for sale or lease of
12 property owned by the public body.
13 (7) The sale or purchase of securities, investments,
14 or investment contracts. This exception shall not apply to
15 the investment of assets or income of funds deposited into
16 the Illinois Prepaid Tuition Trust Fund.
17 (8) Security procedures, school building safety and
18 security, and the use of personnel and equipment to
19 respond to an actual, a threatened, or a reasonably
20 potential danger to the safety of employees, students,
21 staff, the public, or public property.
22 (9) Student disciplinary cases.
23 (10) The placement of individual students in special
24 education programs and other matters relating to
25 individual students.
26 (11) Litigation, when an action against, affecting or

SB3936- 185 -LRB103 40367 AWJ 72644 b
1 on behalf of the particular public body has been filed and
2 is pending before a court or administrative tribunal, or
3 when the public body finds that an action is probable or
4 imminent, in which case the basis for the finding shall be
5 recorded and entered into the minutes of the closed
6 meeting.
7 (12) The establishment of reserves or settlement of
8 claims as provided in the Local Governmental and
9 Governmental Employees Tort Immunity Act, if otherwise the
10 disposition of a claim or potential claim might be
11 prejudiced, or the review or discussion of claims, loss or
12 risk management information, records, data, advice or
13 communications from or with respect to any insurer of the
14 public body or any intergovernmental risk management
15 association or self insurance pool of which the public
16 body is a member.
17 (13) Conciliation of complaints of discrimination in
18 the sale or rental of housing, when closed meetings are
19 authorized by the law or ordinance prescribing fair
20 housing practices and creating a commission or
21 administrative agency for their enforcement.
22 (14) Informant sources, the hiring or assignment of
23 undercover personnel or equipment, or ongoing, prior or
24 future criminal investigations, when discussed by a public
25 body with criminal investigatory responsibilities.
26 (15) Professional ethics or performance when

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1 considered by an advisory body appointed to advise a
2 licensing or regulatory agency on matters germane to the
3 advisory body's field of competence.
4 (16) Self evaluation, practices and procedures or
5 professional ethics, when meeting with a representative of
6 a statewide association of which the public body is a
7 member.
8 (17) The recruitment, credentialing, discipline or
9 formal peer review of physicians or other health care
10 professionals, or for the discussion of matters protected
11 under the federal Patient Safety and Quality Improvement
12 Act of 2005, and the regulations promulgated thereunder,
13 including 42 CFR C.F.R. Part 3 (73 FR 70732), or the
14 federal Health Insurance Portability and Accountability
15 Act of 1996, and the regulations promulgated thereunder,
16 including 45 CFR C.F.R. Parts 160, 162, and 164, by a
17 hospital, or other institution providing medical care,
18 that is operated by the public body.
19 (18) Deliberations for decisions of the Prisoner
20 Review Board.
21 (19) Review or discussion of applications received
22 under the Experimental Organ Transplantation Procedures
23 Act.
24 (20) The classification and discussion of matters
25 classified as confidential or continued confidential by
26 the State Government Suggestion Award Board.

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1 (21) Discussion of minutes of meetings lawfully closed
2 under this Act, whether for purposes of approval by the
3 body of the minutes or semi-annual review of the minutes
4 as mandated by Section 2.06.
5 (22) Deliberations for decisions of the State
6 Emergency Medical Services Disciplinary Review Board.
7 (23) The operation by a municipality of a municipal
8 utility or the operation of a municipal power agency or
9 municipal natural gas agency when the discussion involves
10 (i) contracts relating to the purchase, sale, or delivery
11 of electricity or natural gas or (ii) the results or
12 conclusions of load forecast studies.
13 (24) Meetings of a residential health care facility
14 resident sexual assault and death review team or the
15 Executive Council under the Abuse Prevention Review Team
16 Act.
17 (25) Meetings of an independent team of experts under
18 Brian's Law.
19 (26) Meetings of a mortality review team appointed
20 under the Department of Juvenile Justice Mortality Review
21 Team Act.
22 (27) (Blank).
23 (28) Correspondence and records (i) that may not be
24 disclosed under Section 11-9 of the Illinois Public Aid
25 Code or (ii) that pertain to appeals under Section 11-8 of
26 the Illinois Public Aid Code.

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1 (29) Meetings between internal or external auditors
2 and governmental audit committees, finance committees, and
3 their equivalents, when the discussion involves internal
4 control weaknesses, identification of potential fraud risk
5 areas, known or suspected frauds, and fraud interviews
6 conducted in accordance with generally accepted auditing
7 standards of the United States of America.
8 (30) Those meetings or portions of meetings of a
9 fatality review team or the Illinois Fatality Review Team
10 Advisory Council during which a review of the death of an
11 eligible adult in which abuse or neglect is suspected,
12 alleged, or substantiated is conducted pursuant to Section
13 15 of the Adult Protective Services Act.
14 (31) Meetings and deliberations for decisions of the
15 Concealed Carry Licensing Review Board under the Firearm
16 Concealed Carry Act.
17 (32) (Blank). Meetings between the Regional
18 Transportation Authority Board and its Service Boards when
19 the discussion involves review by the Regional
20 Transportation Authority Board of employment contracts
21 under Section 28d of the Metropolitan Transit Authority
22 Act and Sections 3A.18 and 3B.26 of the Regional
23 Transportation Authority Act.
24 (33) Those meetings or portions of meetings of the
25 advisory committee and peer review subcommittee created
26 under Section 320 of the Illinois Controlled Substances

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1 Act during which specific controlled substance prescriber,
2 dispenser, or patient information is discussed.
3 (34) Meetings of the Tax Increment Financing Reform
4 Task Force under Section 2505-800 of the Department of
5 Revenue Law of the Civil Administrative Code of Illinois.
6 (35) Meetings of the group established to discuss
7 Medicaid capitation rates under Section 5-30.8 of the
8 Illinois Public Aid Code.
9 (36) Those deliberations or portions of deliberations
10 for decisions of the Illinois Gaming Board in which there
11 is discussed any of the following: (i) personal,
12 commercial, financial, or other information obtained from
13 any source that is privileged, proprietary, confidential,
14 or a trade secret; or (ii) information specifically
15 exempted from the disclosure by federal or State law.
16 (37) Deliberations for decisions of the Illinois Law
17 Enforcement Training Standards Board, the Certification
18 Review Panel, and the Illinois State Police Merit Board
19 regarding certification and decertification.
20 (38) Meetings of the Ad Hoc Statewide Domestic
21 Violence Fatality Review Committee of the Illinois
22 Criminal Justice Information Authority Board that occur in
23 closed executive session under subsection (d) of Section
24 35 of the Domestic Violence Fatality Review Act.
25 (39) Meetings of the regional review teams under
26 subsection (a) of Section 75 of the Domestic Violence

SB3936- 190 -LRB103 40367 AWJ 72644 b
1 Fatality Review Act.
2 (40) Meetings of the Firearm Owner's Identification
3 Card Review Board under Section 10 of the Firearm Owners
4 Identification Card Act.
5 (d) Definitions. For purposes of this Section:
6 "Employee" means a person employed by a public body whose
7relationship with the public body constitutes an
8employer-employee relationship under the usual common law
9rules, and who is not an independent contractor.
10 "Public office" means a position created by or under the
11Constitution or laws of this State, the occupant of which is
12charged with the exercise of some portion of the sovereign
13power of this State. The term "public office" shall include
14members of the public body, but it shall not include
15organizational positions filled by members thereof, whether
16established by law or by a public body itself, that exist to
17assist the body in the conduct of its business.
18 "Quasi-adjudicative body" means an administrative body
19charged by law or ordinance with the responsibility to conduct
20hearings, receive evidence or testimony and make
21determinations based thereon, but does not include local
22electoral boards when such bodies are considering petition
23challenges.
24 (e) Final action. No final action may be taken at a closed
25meeting. Final action shall be preceded by a public recital of
26the nature of the matter being considered and other

SB3936- 191 -LRB103 40367 AWJ 72644 b
1information that will inform the public of the business being
2conducted.
3(Source: P.A. 102-237, eff. 1-1-22; 102-520, eff. 8-20-21;
4102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 103-311, eff.
57-28-23.)
6 Section 20.02. The Freedom of Information Act is amended
7by changing Section 7.5 as follows:
8 (5 ILCS 140/7.5)
9 (Text of Section before amendment by P.A. 103-472)
10 Sec. 7.5. Statutory exemptions. To the extent provided for
11by the statutes referenced below, the following shall be
12exempt from inspection and copying:
13 (a) All information determined to be confidential
14 under Section 4002 of the Technology Advancement and
15 Development Act.
16 (b) Library circulation and order records identifying
17 library users with specific materials under the Library
18 Records Confidentiality Act.
19 (c) Applications, related documents, and medical
20 records received by the Experimental Organ Transplantation
21 Procedures Board and any and all documents or other
22 records prepared by the Experimental Organ Transplantation
23 Procedures Board or its staff relating to applications it
24 has received.

SB3936- 192 -LRB103 40367 AWJ 72644 b
1 (d) Information and records held by the Department of
2 Public Health and its authorized representatives relating
3 to known or suspected cases of sexually transmissible
4 disease or any information the disclosure of which is
5 restricted under the Illinois Sexually Transmissible
6 Disease Control Act.
7 (e) Information the disclosure of which is exempted
8 under Section 30 of the Radon Industry Licensing Act.
9 (f) Firm performance evaluations under Section 55 of
10 the Architectural, Engineering, and Land Surveying
11 Qualifications Based Selection Act.
12 (g) Information the disclosure of which is restricted
13 and exempted under Section 50 of the Illinois Prepaid
14 Tuition Act.
15 (h) Information the disclosure of which is exempted
16 under the State Officials and Employees Ethics Act, and
17 records of any lawfully created State or local inspector
18 general's office that would be exempt if created or
19 obtained by an Executive Inspector General's office under
20 that Act.
21 (i) Information contained in a local emergency energy
22 plan submitted to a municipality in accordance with a
23 local emergency energy plan ordinance that is adopted
24 under Section 11-21.5-5 of the Illinois Municipal Code.
25 (j) Information and data concerning the distribution
26 of surcharge moneys collected and remitted by carriers

SB3936- 193 -LRB103 40367 AWJ 72644 b
1 under the Emergency Telephone System Act.
2 (k) Law enforcement officer identification information
3 or driver identification information compiled by a law
4 enforcement agency or the Department of Transportation
5 under Section 11-212 of the Illinois Vehicle Code.
6 (l) Records and information provided to a residential
7 health care facility resident sexual assault and death
8 review team or the Executive Council under the Abuse
9 Prevention Review Team Act.
10 (m) Information provided to the predatory lending
11 database created pursuant to Article 3 of the Residential
12 Real Property Disclosure Act, except to the extent
13 authorized under that Article.
14 (n) Defense budgets and petitions for certification of
15 compensation and expenses for court appointed trial
16 counsel as provided under Sections 10 and 15 of the
17 Capital Crimes Litigation Act (repealed). This subsection
18 (n) shall apply until the conclusion of the trial of the
19 case, even if the prosecution chooses not to pursue the
20 death penalty prior to trial or sentencing.
21 (o) Information that is prohibited from being
22 disclosed under Section 4 of the Illinois Health and
23 Hazardous Substances Registry Act.
24 (p) Security portions of system safety program plans,
25 investigation reports, surveys, schedules, lists, data, or
26 information compiled, collected, or prepared by or for the

SB3936- 194 -LRB103 40367 AWJ 72644 b
1 Department of Transportation under Sections 2705-300 and
2 2705-616 of the Department of Transportation Law of the
3 Civil Administrative Code of Illinois, the Regional
4 Transportation Authority under Section 2.11 of the
5 Regional Transportation Authority Act, or the St. Clair
6 County Transit District under the Bi-State Transit Safety
7 Act (repealed).
8 (q) Information prohibited from being disclosed by the
9 Personnel Record Review Act.
10 (r) Information prohibited from being disclosed by the
11 Illinois School Student Records Act.
12 (s) Information the disclosure of which is restricted
13 under Section 5-108 of the Public Utilities Act.
14 (t) (Blank).
15 (u) Records and information provided to an independent
16 team of experts under the Developmental Disability and
17 Mental Health Safety Act (also known as Brian's Law).
18 (v) Names and information of people who have applied
19 for or received Firearm Owner's Identification Cards under
20 the Firearm Owners Identification Card Act or applied for
21 or received a concealed carry license under the Firearm
22 Concealed Carry Act, unless otherwise authorized by the
23 Firearm Concealed Carry Act; and databases under the
24 Firearm Concealed Carry Act, records of the Concealed
25 Carry Licensing Review Board under the Firearm Concealed
26 Carry Act, and law enforcement agency objections under the

SB3936- 195 -LRB103 40367 AWJ 72644 b
1 Firearm Concealed Carry Act.
2 (v-5) Records of the Firearm Owner's Identification
3 Card Review Board that are exempted from disclosure under
4 Section 10 of the Firearm Owners Identification Card Act.
5 (w) Personally identifiable information which is
6 exempted from disclosure under subsection (g) of Section
7 19.1 of the Toll Highway Act.
8 (x) Information which is exempted from disclosure
9 under Section 5-1014.3 of the Counties Code or Section
10 8-11-21 of the Illinois Municipal Code.
11 (y) Confidential information under the Adult
12 Protective Services Act and its predecessor enabling
13 statute, the Elder Abuse and Neglect Act, including
14 information about the identity and administrative finding
15 against any caregiver of a verified and substantiated
16 decision of abuse, neglect, or financial exploitation of
17 an eligible adult maintained in the Registry established
18 under Section 7.5 of the Adult Protective Services Act.
19 (z) Records and information provided to a fatality
20 review team or the Illinois Fatality Review Team Advisory
21 Council under Section 15 of the Adult Protective Services
22 Act.
23 (aa) Information which is exempted from disclosure
24 under Section 2.37 of the Wildlife Code.
25 (bb) Information which is or was prohibited from
26 disclosure by the Juvenile Court Act of 1987.

SB3936- 196 -LRB103 40367 AWJ 72644 b
1 (cc) Recordings made under the Law Enforcement
2 Officer-Worn Body Camera Act, except to the extent
3 authorized under that Act.
4 (dd) Information that is prohibited from being
5 disclosed under Section 45 of the Condominium and Common
6 Interest Community Ombudsperson Act.
7 (ee) Information that is exempted from disclosure
8 under Section 30.1 of the Pharmacy Practice Act.
9 (ff) Information that is exempted from disclosure
10 under the Revised Uniform Unclaimed Property Act.
11 (gg) Information that is prohibited from being
12 disclosed under Section 7-603.5 of the Illinois Vehicle
13 Code.
14 (hh) Records that are exempt from disclosure under
15 Section 1A-16.7 of the Election Code.
16 (ii) Information which is exempted from disclosure
17 under Section 2505-800 of the Department of Revenue Law of
18 the Civil Administrative Code of Illinois.
19 (jj) Information and reports that are required to be
20 submitted to the Department of Labor by registering day
21 and temporary labor service agencies but are exempt from
22 disclosure under subsection (a-1) of Section 45 of the Day
23 and Temporary Labor Services Act.
24 (kk) Information prohibited from disclosure under the
25 Seizure and Forfeiture Reporting Act.
26 (ll) Information the disclosure of which is restricted

SB3936- 197 -LRB103 40367 AWJ 72644 b
1 and exempted under Section 5-30.8 of the Illinois Public
2 Aid Code.
3 (mm) Records that are exempt from disclosure under
4 Section 4.2 of the Crime Victims Compensation Act.
5 (nn) Information that is exempt from disclosure under
6 Section 70 of the Higher Education Student Assistance Act.
7 (oo) Communications, notes, records, and reports
8 arising out of a peer support counseling session
9 prohibited from disclosure under the First Responders
10 Suicide Prevention Act.
11 (pp) Names and all identifying information relating to
12 an employee of an emergency services provider or law
13 enforcement agency under the First Responders Suicide
14 Prevention Act.
15 (qq) Information and records held by the Department of
16 Public Health and its authorized representatives collected
17 under the Reproductive Health Act.
18 (rr) Information that is exempt from disclosure under
19 the Cannabis Regulation and Tax Act.
20 (ss) Data reported by an employer to the Department of
21 Human Rights pursuant to Section 2-108 of the Illinois
22 Human Rights Act.
23 (tt) Recordings made under the Children's Advocacy
24 Center Act, except to the extent authorized under that
25 Act.
26 (uu) Information that is exempt from disclosure under

SB3936- 198 -LRB103 40367 AWJ 72644 b
1 Section 50 of the Sexual Assault Evidence Submission Act.
2 (vv) Information that is exempt from disclosure under
3 subsections (f) and (j) of Section 5-36 of the Illinois
4 Public Aid Code.
5 (ww) Information that is exempt from disclosure under
6 Section 16.8 of the State Treasurer Act.
7 (xx) Information that is exempt from disclosure or
8 information that shall not be made public under the
9 Illinois Insurance Code.
10 (yy) Information prohibited from being disclosed under
11 the Illinois Educational Labor Relations Act.
12 (zz) Information prohibited from being disclosed under
13 the Illinois Public Labor Relations Act.
14 (aaa) Information prohibited from being disclosed
15 under Section 1-167 of the Illinois Pension Code.
16 (bbb) Information that is prohibited from disclosure
17 by the Illinois Police Training Act and the Illinois State
18 Police Act.
19 (ccc) Records exempt from disclosure under Section
20 2605-304 of the Illinois State Police Law of the Civil
21 Administrative Code of Illinois.
22 (ddd) Information prohibited from being disclosed
23 under Section 35 of the Address Confidentiality for
24 Victims of Domestic Violence, Sexual Assault, Human
25 Trafficking, or Stalking Act.
26 (eee) Information prohibited from being disclosed

SB3936- 199 -LRB103 40367 AWJ 72644 b
1 under subsection (b) of Section 75 of the Domestic
2 Violence Fatality Review Act.
3 (fff) Images from cameras under the Expressway Camera
4 Act. This subsection (fff) is inoperative on and after
5 July 1, 2025.
6 (ggg) Information prohibited from disclosure under
7 paragraph (3) of subsection (a) of Section 14 of the Nurse
8 Agency Licensing Act.
9 (hhh) Information submitted to the Illinois State
10 Police in an affidavit or application for an assault
11 weapon endorsement, assault weapon attachment endorsement,
12 .50 caliber rifle endorsement, or .50 caliber cartridge
13 endorsement under the Firearm Owners Identification Card
14 Act.
15 (iii) Data exempt from disclosure under Section 50 of
16 the School Safety Drill Act.
17 (jjj) (hhh) Information exempt from disclosure under
18 Section 30 of the Insurance Data Security Law.
19 (kkk) (iii) Confidential business information
20 prohibited from disclosure under Section 45 of the Paint
21 Stewardship Act.
22 (lll) (Reserved).
23 (mmm) (iii) Information prohibited from being
24 disclosed under subsection (e) of Section 1-129 of the
25 Illinois Power Agency Act.
26(Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22;

SB3936- 200 -LRB103 40367 AWJ 72644 b
1102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff.
28-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22;
3102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff.
46-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372,
5eff. 1-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23;
6revised 1-2-24.)
7 (Text of Section after amendment by P.A. 103-472)
8 Sec. 7.5. Statutory exemptions. To the extent provided for
9by the statutes referenced below, the following shall be
10exempt from inspection and copying:
11 (a) All information determined to be confidential
12 under Section 4002 of the Technology Advancement and
13 Development Act.
14 (b) Library circulation and order records identifying
15 library users with specific materials under the Library
16 Records Confidentiality Act.
17 (c) Applications, related documents, and medical
18 records received by the Experimental Organ Transplantation
19 Procedures Board and any and all documents or other
20 records prepared by the Experimental Organ Transplantation
21 Procedures Board or its staff relating to applications it
22 has received.
23 (d) Information and records held by the Department of
24 Public Health and its authorized representatives relating
25 to known or suspected cases of sexually transmissible

SB3936- 201 -LRB103 40367 AWJ 72644 b
1 disease or any information the disclosure of which is
2 restricted under the Illinois Sexually Transmissible
3 Disease Control Act.
4 (e) Information the disclosure of which is exempted
5 under Section 30 of the Radon Industry Licensing Act.
6 (f) Firm performance evaluations under Section 55 of
7 the Architectural, Engineering, and Land Surveying
8 Qualifications Based Selection Act.
9 (g) Information the disclosure of which is restricted
10 and exempted under Section 50 of the Illinois Prepaid
11 Tuition Act.
12 (h) Information the disclosure of which is exempted
13 under the State Officials and Employees Ethics Act, and
14 records of any lawfully created State or local inspector
15 general's office that would be exempt if created or
16 obtained by an Executive Inspector General's office under
17 that Act.
18 (i) Information contained in a local emergency energy
19 plan submitted to a municipality in accordance with a
20 local emergency energy plan ordinance that is adopted
21 under Section 11-21.5-5 of the Illinois Municipal Code.
22 (j) Information and data concerning the distribution
23 of surcharge moneys collected and remitted by carriers
24 under the Emergency Telephone System Act.
25 (k) Law enforcement officer identification information
26 or driver identification information compiled by a law

SB3936- 202 -LRB103 40367 AWJ 72644 b
1 enforcement agency or the Department of Transportation
2 under Section 11-212 of the Illinois Vehicle Code.
3 (l) Records and information provided to a residential
4 health care facility resident sexual assault and death
5 review team or the Executive Council under the Abuse
6 Prevention Review Team Act.
7 (m) Information provided to the predatory lending
8 database created pursuant to Article 3 of the Residential
9 Real Property Disclosure Act, except to the extent
10 authorized under that Article.
11 (n) Defense budgets and petitions for certification of
12 compensation and expenses for court appointed trial
13 counsel as provided under Sections 10 and 15 of the
14 Capital Crimes Litigation Act (repealed). This subsection
15 (n) shall apply until the conclusion of the trial of the
16 case, even if the prosecution chooses not to pursue the
17 death penalty prior to trial or sentencing.
18 (o) Information that is prohibited from being
19 disclosed under Section 4 of the Illinois Health and
20 Hazardous Substances Registry Act.
21 (p) Security portions of system safety program plans,
22 investigation reports, surveys, schedules, lists, data, or
23 information compiled, collected, or prepared by or for the
24 Department of Transportation under Sections 2705-300 and
25 2705-616 of the Department of Transportation Law of the
26 Civil Administrative Code of Illinois, the Metropolitan

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1 Mobility Regional Transportation Authority under Section
2 4.33 of the Metropolitan Mobility Authority Act 2.11 of
3 the Regional Transportation Authority Act, or the St.
4 Clair County Transit District under the Bi-State Transit
5 Safety Act (repealed).
6 (q) Information prohibited from being disclosed by the
7 Personnel Record Review Act.
8 (r) Information prohibited from being disclosed by the
9 Illinois School Student Records Act.
10 (s) Information the disclosure of which is restricted
11 under Section 5-108 of the Public Utilities Act.
12 (t) (Blank).
13 (u) Records and information provided to an independent
14 team of experts under the Developmental Disability and
15 Mental Health Safety Act (also known as Brian's Law).
16 (v) Names and information of people who have applied
17 for or received Firearm Owner's Identification Cards under
18 the Firearm Owners Identification Card Act or applied for
19 or received a concealed carry license under the Firearm
20 Concealed Carry Act, unless otherwise authorized by the
21 Firearm Concealed Carry Act; and databases under the
22 Firearm Concealed Carry Act, records of the Concealed
23 Carry Licensing Review Board under the Firearm Concealed
24 Carry Act, and law enforcement agency objections under the
25 Firearm Concealed Carry Act.
26 (v-5) Records of the Firearm Owner's Identification

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1 Card Review Board that are exempted from disclosure under
2 Section 10 of the Firearm Owners Identification Card Act.
3 (w) Personally identifiable information which is
4 exempted from disclosure under subsection (g) of Section
5 19.1 of the Toll Highway Act.
6 (x) Information which is exempted from disclosure
7 under Section 5-1014.3 of the Counties Code or Section
8 8-11-21 of the Illinois Municipal Code.
9 (y) Confidential information under the Adult
10 Protective Services Act and its predecessor enabling
11 statute, the Elder Abuse and Neglect Act, including
12 information about the identity and administrative finding
13 against any caregiver of a verified and substantiated
14 decision of abuse, neglect, or financial exploitation of
15 an eligible adult maintained in the Registry established
16 under Section 7.5 of the Adult Protective Services Act.
17 (z) Records and information provided to a fatality
18 review team or the Illinois Fatality Review Team Advisory
19 Council under Section 15 of the Adult Protective Services
20 Act.
21 (aa) Information which is exempted from disclosure
22 under Section 2.37 of the Wildlife Code.
23 (bb) Information which is or was prohibited from
24 disclosure by the Juvenile Court Act of 1987.
25 (cc) Recordings made under the Law Enforcement
26 Officer-Worn Body Camera Act, except to the extent

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1 authorized under that Act.
2 (dd) Information that is prohibited from being
3 disclosed under Section 45 of the Condominium and Common
4 Interest Community Ombudsperson Act.
5 (ee) Information that is exempted from disclosure
6 under Section 30.1 of the Pharmacy Practice Act.
7 (ff) Information that is exempted from disclosure
8 under the Revised Uniform Unclaimed Property Act.
9 (gg) Information that is prohibited from being
10 disclosed under Section 7-603.5 of the Illinois Vehicle
11 Code.
12 (hh) Records that are exempt from disclosure under
13 Section 1A-16.7 of the Election Code.
14 (ii) Information which is exempted from disclosure
15 under Section 2505-800 of the Department of Revenue Law of
16 the Civil Administrative Code of Illinois.
17 (jj) Information and reports that are required to be
18 submitted to the Department of Labor by registering day
19 and temporary labor service agencies but are exempt from
20 disclosure under subsection (a-1) of Section 45 of the Day
21 and Temporary Labor Services Act.
22 (kk) Information prohibited from disclosure under the
23 Seizure and Forfeiture Reporting Act.
24 (ll) Information the disclosure of which is restricted
25 and exempted under Section 5-30.8 of the Illinois Public
26 Aid Code.

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1 (mm) Records that are exempt from disclosure under
2 Section 4.2 of the Crime Victims Compensation Act.
3 (nn) Information that is exempt from disclosure under
4 Section 70 of the Higher Education Student Assistance Act.
5 (oo) Communications, notes, records, and reports
6 arising out of a peer support counseling session
7 prohibited from disclosure under the First Responders
8 Suicide Prevention Act.
9 (pp) Names and all identifying information relating to
10 an employee of an emergency services provider or law
11 enforcement agency under the First Responders Suicide
12 Prevention Act.
13 (qq) Information and records held by the Department of
14 Public Health and its authorized representatives collected
15 under the Reproductive Health Act.
16 (rr) Information that is exempt from disclosure under
17 the Cannabis Regulation and Tax Act.
18 (ss) Data reported by an employer to the Department of
19 Human Rights pursuant to Section 2-108 of the Illinois
20 Human Rights Act.
21 (tt) Recordings made under the Children's Advocacy
22 Center Act, except to the extent authorized under that
23 Act.
24 (uu) Information that is exempt from disclosure under
25 Section 50 of the Sexual Assault Evidence Submission Act.
26 (vv) Information that is exempt from disclosure under

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1 subsections (f) and (j) of Section 5-36 of the Illinois
2 Public Aid Code.
3 (ww) Information that is exempt from disclosure under
4 Section 16.8 of the State Treasurer Act.
5 (xx) Information that is exempt from disclosure or
6 information that shall not be made public under the
7 Illinois Insurance Code.
8 (yy) Information prohibited from being disclosed under
9 the Illinois Educational Labor Relations Act.
10 (zz) Information prohibited from being disclosed under
11 the Illinois Public Labor Relations Act.
12 (aaa) Information prohibited from being disclosed
13 under Section 1-167 of the Illinois Pension Code.
14 (bbb) Information that is prohibited from disclosure
15 by the Illinois Police Training Act and the Illinois State
16 Police Act.
17 (ccc) Records exempt from disclosure under Section
18 2605-304 of the Illinois State Police Law of the Civil
19 Administrative Code of Illinois.
20 (ddd) Information prohibited from being disclosed
21 under Section 35 of the Address Confidentiality for
22 Victims of Domestic Violence, Sexual Assault, Human
23 Trafficking, or Stalking Act.
24 (eee) Information prohibited from being disclosed
25 under subsection (b) of Section 75 of the Domestic
26 Violence Fatality Review Act.

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1 (fff) Images from cameras under the Expressway Camera
2 Act. This subsection (fff) is inoperative on and after
3 July 1, 2025.
4 (ggg) Information prohibited from disclosure under
5 paragraph (3) of subsection (a) of Section 14 of the Nurse
6 Agency Licensing Act.
7 (hhh) Information submitted to the Illinois State
8 Police in an affidavit or application for an assault
9 weapon endorsement, assault weapon attachment endorsement,
10 .50 caliber rifle endorsement, or .50 caliber cartridge
11 endorsement under the Firearm Owners Identification Card
12 Act.
13 (iii) Data exempt from disclosure under Section 50 of
14 the School Safety Drill Act.
15 (jjj) (hhh) Information exempt from disclosure under
16 Section 30 of the Insurance Data Security Law.
17 (kkk) (iii) Confidential business information
18 prohibited from disclosure under Section 45 of the Paint
19 Stewardship Act.
20 (lll) (iii) Data exempt from disclosure under Section
21 2-3.196 of the School Code.
22 (mmm) (iii) Information prohibited from being
23 disclosed under subsection (e) of Section 1-129 of the
24 Illinois Power Agency Act.
25(Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22;
26102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff.

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18-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22;
2102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff.
36-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372,
4eff. 1-1-24; 103-472, eff. 8-1-24; 103-508, eff. 8-4-23;
5103-580, eff. 12-8-23; revised 1-2-24.)
6 Section 20.03. The Transportation Cooperation Act of 1971
7is amended by changing Section 2 as follows:
8 (5 ILCS 225/2) (from Ch. 111 2/3, par. 602)
9 Sec. 2. For the purposes of this Act:
10 (a) "Railroad passenger service" means any railroad
11passenger service within the State of Illinois, including the
12equipment and facilities used in connection therewith, with
13the exception of the basic system operated by the National
14Railroad Passenger Corporation pursuant to Title II and
15Section 403(a) of the Federal Rail Passenger Service Act of
161970.
17 (b) "Federal Railroad Corporation" means the National
18Railroad Passenger Corporation established pursuant to an Act
19of Congress known as the "Rail Passenger Service Act of 1970."
20 (c) "Transportation system" means any and all modes of
21public transportation within the State, including, but not
22limited to, transportation of persons or property by rapid
23transit, rail, bus, and aircraft, and all equipment,
24facilities and property, real and personal, used in connection

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1therewith.
2 (d) "Carrier" means any corporation, authority,
3partnership, association, person or district authorized to
4maintain a transportation system within the State with the
5exception of the Federal Railroad Corporation.
6 (e) "Units of local government" means cities, villages,
7incorporated towns, counties, municipalities, townships, and
8special districts, including any district created pursuant to
9the "Local Mass Transit District Act", approved July 21, 1959,
10as amended; the Metropolitan Mobility Authority; any Authority
11created pursuant to the "Metropolitan Transit Authority Act",
12approved April 12, 1945, as amended; and, any authority,
13commission, or other entity which by virtue of an interstate
14compact approved by Congress is authorized to provide mass
15transportation.
16 (f) "Universities" means all public institutions of higher
17education as defined in an "Act creating a Board of Higher
18Education, defining its powers and duties, making an
19appropriation therefor, and repealing an Act herein named",
20approved August 22, 1961, as amended, and all private
21institutions of higher education as defined in the Illinois
22Finance Authority Act.
23 (g) "Department" means the Illinois Department of
24Transportation, or such other department designated by law to
25perform the duties and functions of the Illinois Department of
26Transportation prior to January 1, 1972.

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1 (h) "Association" means any Transportation Service
2Association created pursuant to Section 4 of this Act.
3 (i) "Contracting Parties" means any units of local
4government or universities which have associated and joined
5together pursuant to Section 3 of this Act.
6 (j) "Governing authorities" means (1) the city council or
7similar legislative body of a city; (2) the board of trustees
8or similar body of a village or incorporated town; (3) the
9council of a municipality under the commission form of
10municipal government; (4) the board of trustees in a township;
11(5) the Board of Trustees of the University of Illinois, the
12Board of Trustees of Southern Illinois University, the Board
13of Trustees of Chicago State University, the Board of Trustees
14of Eastern Illinois University, the Board of Trustees of
15Governors State University, the Board of Trustees of Illinois
16State University, the Board of Trustees of Northeastern
17Illinois University, the Board of Trustees of Northern
18Illinois University, the Board of Trustees of Western Illinois
19University, and the Illinois Community College Board; (6) the
20county board of a county; and (7) the trustees, commissioners,
21board members, or directors of a university, special district,
22authority or similar agency.
23(Source: P.A. 93-205, eff. 1-1-04.)
24 Section 20.04. The Illinois Public Labor Relations Act is
25amended by changing Sections 5 and 15 as follows:

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1 (5 ILCS 315/5) (from Ch. 48, par. 1605)
2 Sec. 5. Illinois Labor Relations Board; State Panel; Local
3Panel.
4 (a) There is created the Illinois Labor Relations Board.
5The Board shall be comprised of 2 panels, to be known as the
6State Panel and the Local Panel.
7 (a-5) The State Panel shall have jurisdiction over
8collective bargaining matters between employee organizations
9and the State of Illinois, excluding the General Assembly of
10the State of Illinois, between employee organizations and
11units of local government and school districts with a
12population not in excess of 2 million persons, and between
13employee organizations and the Metropolitan Mobility Regional
14Transportation Authority.
15 The State Panel shall consist of 5 members appointed by
16the Governor, with the advice and consent of the Senate. The
17Governor shall appoint to the State Panel only persons who
18have had a minimum of 5 years of experience directly related to
19labor and employment relations in representing public
20employers, private employers or labor organizations; or
21teaching labor or employment relations; or administering
22executive orders or regulations applicable to labor or
23employment relations. At the time of his or her appointment,
24each member of the State Panel shall be an Illinois resident.
25The Governor shall designate one member to serve as the

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1Chairman of the State Panel and the Board.
2 Notwithstanding any other provision of this Section, the
3term of each member of the State Panel who was appointed by the
4Governor and is in office on June 30, 2003 shall terminate at
5the close of business on that date or when all of the successor
6members to be appointed pursuant to this amendatory Act of the
793rd General Assembly have been appointed by the Governor,
8whichever occurs later. As soon as possible, the Governor
9shall appoint persons to fill the vacancies created by this
10amendatory Act.
11 The initial appointments under this amendatory Act of the
1293rd General Assembly shall be for terms as follows: The
13Chairman shall initially be appointed for a term ending on the
144th Monday in January, 2007; 2 members shall be initially
15appointed for terms ending on the 4th Monday in January, 2006;
16one member shall be initially appointed for a term ending on
17the 4th Monday in January, 2005; and one member shall be
18initially appointed for a term ending on the 4th Monday in
19January, 2004. Each subsequent member shall be appointed for a
20term of 4 years, commencing on the 4th Monday in January. Upon
21expiration of the term of office of any appointive member,
22that member shall continue to serve until a successor shall be
23appointed and qualified. In case of a vacancy, a successor
24shall be appointed to serve for the unexpired portion of the
25term. If the Senate is not in session at the time the initial
26appointments are made, the Governor shall make temporary

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1appointments in the same manner successors are appointed to
2fill vacancies. A temporary appointment shall remain in effect
3no longer than 20 calendar days after the commencement of the
4next Senate session.
5 (b) The Local Panel shall have jurisdiction over
6collective bargaining agreement matters between employee
7organizations and units of local government with a population
8in excess of 2 million persons, but excluding the Metropolitan
9Mobility Regional Transportation Authority.
10 The Local Panel shall consist of one person appointed by
11the Governor with the advice and consent of the Senate (or, if
12no such person is appointed, the Chairman of the State Panel)
13and two additional members, one appointed by the Mayor of the
14City of Chicago and one appointed by the President of the Cook
15County Board of Commissioners. Appointees to the Local Panel
16must have had a minimum of 5 years of experience directly
17related to labor and employment relations in representing
18public employers, private employers or labor organizations; or
19teaching labor or employment relations; or administering
20executive orders or regulations applicable to labor or
21employment relations. Each member of the Local Panel shall be
22an Illinois resident at the time of his or her appointment. The
23member appointed by the Governor (or, if no such person is
24appointed, the Chairman of the State Panel) shall serve as the
25Chairman of the Local Panel.
26 Notwithstanding any other provision of this Section, the

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1term of the member of the Local Panel who was appointed by the
2Governor and is in office on June 30, 2003 shall terminate at
3the close of business on that date or when his or her successor
4has been appointed by the Governor, whichever occurs later. As
5soon as possible, the Governor shall appoint a person to fill
6the vacancy created by this amendatory Act. The initial
7appointment under this amendatory Act of the 93rd General
8Assembly shall be for a term ending on the 4th Monday in
9January, 2007.
10 The initial appointments under this amendatory Act of the
1191st General Assembly shall be for terms as follows: The
12member appointed by the Governor shall initially be appointed
13for a term ending on the 4th Monday in January, 2001; the
14member appointed by the President of the Cook County Board
15shall be initially appointed for a term ending on the 4th
16Monday in January, 2003; and the member appointed by the Mayor
17of the City of Chicago shall be initially appointed for a term
18ending on the 4th Monday in January, 2004. Each subsequent
19member shall be appointed for a term of 4 years, commencing on
20the 4th Monday in January. Upon expiration of the term of
21office of any appointive member, the member shall continue to
22serve until a successor shall be appointed and qualified. In
23the case of a vacancy, a successor shall be appointed by the
24applicable appointive authority to serve for the unexpired
25portion of the term.
26 (c) Three members of the State Panel shall at all times

SB3936- 216 -LRB103 40367 AWJ 72644 b
1constitute a quorum. Two members of the Local Panel shall at
2all times constitute a quorum. A vacancy on a panel does not
3impair the right of the remaining members to exercise all of
4the powers of that panel. Each panel shall adopt an official
5seal which shall be judicially noticed. The salary of the
6Chairman of the State Panel shall be $82,429 per year, or as
7set by the Compensation Review Board, whichever is greater,
8and that of the other members of the State and Local Panels
9shall be $74,188 per year, or as set by the Compensation Review
10Board, whichever is greater.
11 (d) Each member shall devote his or her entire time to the
12duties of the office, and shall hold no other office or
13position of profit, nor engage in any other business,
14employment, or vocation. No member shall hold any other public
15office or be employed as a labor or management representative
16by the State or any political subdivision of the State or of
17any department or agency thereof, or actively represent or act
18on behalf of an employer or an employee organization or an
19employer in labor relations matters. Any member of the State
20Panel may be removed from office by the Governor for
21inefficiency, neglect of duty, misconduct or malfeasance in
22office, and for no other cause, and only upon notice and
23hearing. Any member of the Local Panel may be removed from
24office by the applicable appointive authority for
25inefficiency, neglect of duty, misconduct or malfeasance in
26office, and for no other cause, and only upon notice and

SB3936- 217 -LRB103 40367 AWJ 72644 b
1hearing.
2 (e) Each panel at the end of every State fiscal year shall
3make a report in writing to the Governor and the General
4Assembly, stating in detail the work it has done in hearing and
5deciding cases and otherwise.
6 (f) In order to accomplish the objectives and carry out
7the duties prescribed by this Act, a panel or its authorized
8designees may hold elections to determine whether a labor
9organization has majority status; investigate and attempt to
10resolve or settle charges of unfair labor practices; hold
11hearings in order to carry out its functions; develop and
12effectuate appropriate impasse resolution procedures for
13purposes of resolving labor disputes; require the appearance
14of witnesses and the production of evidence on any matter
15under inquiry; and administer oaths and affirmations. The
16panels shall sign and report in full an opinion in every case
17which they decide.
18 (g) Each panel may appoint or employ an executive
19director, attorneys, hearing officers, mediators,
20fact-finders, arbitrators, and such other employees as it may
21deem necessary to perform its functions. The governing boards
22shall prescribe the duties and qualifications of such persons
23appointed and, subject to the annual appropriation, fix their
24compensation and provide for reimbursement of actual and
25necessary expenses incurred in the performance of their
26duties. The Board shall employ a minimum of 16 attorneys and 6

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1investigators.
2 (h) Each panel shall exercise general supervision over all
3attorneys which it employs and over the other persons employed
4to provide necessary support services for such attorneys. The
5panels shall have final authority in respect to complaints
6brought pursuant to this Act.
7 (i) The following rules and regulations shall be adopted
8by the panels meeting in joint session: (1) procedural rules
9and regulations which shall govern all Board proceedings; (2)
10procedures for election of exclusive bargaining
11representatives pursuant to Section 9, except for the
12determination of appropriate bargaining units; and (3)
13appointment of counsel pursuant to subsection (k) of this
14Section.
15 (j) Rules and regulations may be adopted, amended or
16rescinded only upon a vote of 5 of the members of the State and
17Local Panels meeting in joint session. The adoption, amendment
18or rescission of rules and regulations shall be in conformity
19with the requirements of the Illinois Administrative Procedure
20Act.
21 (k) The panels in joint session shall promulgate rules and
22regulations providing for the appointment of attorneys or
23other Board representatives to represent persons in unfair
24labor practice proceedings before a panel. The regulations
25governing appointment shall require the applicant to
26demonstrate an inability to pay for or inability to otherwise

SB3936- 219 -LRB103 40367 AWJ 72644 b
1provide for adequate representation before a panel. Such rules
2must also provide: (1) that an attorney may not be appointed in
3cases which, in the opinion of a panel, are clearly without
4merit; (2) the stage of the unfair labor proceeding at which
5counsel will be appointed; and (3) the circumstances under
6which a client will be allowed to select counsel.
7 (1) The panels in joint session may promulgate rules and
8regulations which allow parties in proceedings before a panel
9to be represented by counsel or any other representative of
10the party's choice.
11 (m) The Chairman of the State Panel shall serve as
12Chairman of a joint session of the panels. Attendance of at
13least 2 members of the State Panel and at least one member of
14the Local Panel, in addition to the Chairman, shall constitute
15a quorum at a joint session. The panels shall meet in joint
16session at least annually.
17(Source: P.A. 96-813, eff. 10-30-09.)
18 (5 ILCS 315/15) (from Ch. 48, par. 1615)
19 (Text of Section WITHOUT the changes made by P.A. 98-599,
20which has been held unconstitutional)
21 Sec. 15. Act Takes Precedence.
22 (a) In case of any conflict between the provisions of this
23Act and any other law (other than Section 5 of the State
24Employees Group Insurance Act of 1971 and other than the
25changes made to the Illinois Pension Code by this amendatory

SB3936- 220 -LRB103 40367 AWJ 72644 b
1Act of the 96th General Assembly), executive order or
2administrative regulation relating to wages, hours and
3conditions of employment and employment relations, the
4provisions of this Act or any collective bargaining agreement
5negotiated thereunder shall prevail and control. Nothing in
6this Act shall be construed to replace or diminish the rights
7of employees established by Sections 4.14 through 4.18 of the
8Metropolitan Mobility Authority Act Sections 28 and 28a of the
9Metropolitan Transit Authority Act, Sections 2.15 through 2.19
10of the Regional Transportation Authority Act. The provisions
11of this Act are subject to Section 5 of the State Employees
12Group Insurance Act of 1971. Nothing in this Act shall be
13construed to replace the necessity of complaints against a
14sworn peace officer, as defined in Section 2(a) of the Uniform
15Peace Officer Disciplinary Act, from having a complaint
16supported by a sworn affidavit.
17 (b) Except as provided in subsection (a) above, any
18collective bargaining contract between a public employer and a
19labor organization executed pursuant to this Act shall
20supersede any contrary statutes, charters, ordinances, rules
21or regulations relating to wages, hours and conditions of
22employment and employment relations adopted by the public
23employer or its agents. Any collective bargaining agreement
24entered into prior to the effective date of this Act shall
25remain in full force during its duration.
26 (c) It is the public policy of this State, pursuant to

SB3936- 221 -LRB103 40367 AWJ 72644 b
1paragraphs (h) and (i) of Section 6 of Article VII of the
2Illinois Constitution, that the provisions of this Act are the
3exclusive exercise by the State of powers and functions which
4might otherwise be exercised by home rule units. Such powers
5and functions may not be exercised concurrently, either
6directly or indirectly, by any unit of local government,
7including any home rule unit, except as otherwise authorized
8by this Act.
9(Source: P.A. 95-331, eff. 8-21-07; 96-889, eff. 1-1-11.)
10 Section 20.05. The State Employees Group Insurance Act of
111971 is amended by changing Section 2.5 as follows:
12 (5 ILCS 375/2.5)
13 Sec. 2.5. Application to Metropolitan Mobility Regional
14Transportation Authority Board members. Notwithstanding any
15other provision of this Act to the contrary, this Act does not
16apply to any member of the Regional Transportation Authority
17Board or the Metropolitan Mobility Authority Board who first
18becomes a member of either that Board on or after July 23, 2013
19(the effective date of Public Act 98-108) with respect to
20service of either that Board.
21(Source: P.A. 98-108, eff. 7-23-13; 98-756, eff. 7-16-14.)
22 Section 20.06. The State Officials and Employees Ethics
23Act is amended by changing Sections 1-5, 20-5, 20-10, 75-5,

SB3936- 222 -LRB103 40367 AWJ 72644 b
1and 75-10 and by changing the heading of Article 75 as follows:
2 (5 ILCS 430/1-5)
3 Sec. 1-5. Definitions. As used in this Act:
4 "Appointee" means a person appointed to a position in or
5with a State agency, regardless of whether the position is
6compensated.
7 "Board members of Regional Development Authorities" means
8any person appointed to serve on the governing board of a
9Regional Development Authority.
10 "Board members of the Regional Transit Board Boards" means
11any person appointed to serve on the governing board of the
12Metropolitan Mobility Authority Board a Regional Transit
13Board.
14 "Campaign for elective office" means any activity in
15furtherance of an effort to influence the selection,
16nomination, election, or appointment of any individual to any
17federal, State, or local public office or office in a
18political organization, or the selection, nomination, or
19election of Presidential or Vice-Presidential electors, but
20does not include activities (i) relating to the support or
21opposition of any executive, legislative, or administrative
22action (as those terms are defined in Section 2 of the Lobbyist
23Registration Act), (ii) relating to collective bargaining, or
24(iii) that are otherwise in furtherance of the person's
25official State duties.

SB3936- 223 -LRB103 40367 AWJ 72644 b
1 "Candidate" means a person who has filed nominating papers
2or petitions for nomination or election to an elected State
3office, or who has been appointed to fill a vacancy in
4nomination, and who remains eligible for placement on the
5ballot at either a general primary election or general
6election.
7 "Collective bargaining" has the same meaning as that term
8is defined in Section 3 of the Illinois Public Labor Relations
9Act.
10 "Commission" means an ethics commission created by this
11Act.
12 "Compensated time" means any time worked by or credited to
13a State employee that counts toward any minimum work time
14requirement imposed as a condition of employment with a State
15agency, but does not include any designated State holidays or
16any period when the employee is on a leave of absence.
17 "Compensatory time off" means authorized time off earned
18by or awarded to a State employee to compensate in whole or in
19part for time worked in excess of the minimum work time
20required of that employee as a condition of employment with a
21State agency.
22 "Contribution" has the same meaning as that term is
23defined in Section 9-1.4 of the Election Code.
24 "Employee" means (i) any person employed full-time,
25part-time, or pursuant to a contract and whose employment
26duties are subject to the direction and control of an employer

SB3936- 224 -LRB103 40367 AWJ 72644 b
1with regard to the material details of how the work is to be
2performed or (ii) any appointed or elected commissioner,
3trustee, director, or board member of a board of a State
4agency, including any retirement system or investment board
5subject to the Illinois Pension Code or (iii) any other
6appointee.
7 "Employment benefits" include but are not limited to the
8following: modified compensation or benefit terms; compensated
9time off; or change of title, job duties, or location of office
10or employment. An employment benefit may also include
11favorable treatment in determining whether to bring any
12disciplinary or similar action or favorable treatment during
13the course of any disciplinary or similar action or other
14performance review.
15 "Executive branch constitutional officer" means the
16Governor, Lieutenant Governor, Attorney General, Secretary of
17State, Comptroller, and Treasurer.
18 "Gift" means any gratuity, discount, entertainment,
19hospitality, loan, forbearance, or other tangible or
20intangible item having monetary value including, but not
21limited to, cash, food and drink, and honoraria for speaking
22engagements related to or attributable to government
23employment or the official position of an employee, member, or
24officer. The value of a gift may be further defined by rules
25adopted by the appropriate ethics commission or by the Auditor
26General for the Auditor General and for employees of the

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1office of the Auditor General.
2 "Governmental entity" means a unit of local government
3(including a community college district) or a school district
4but not a State agency, a Regional Transit Board, or a Regional
5Development Authority.
6 "Leave of absence" means any period during which a State
7employee does not receive (i) compensation for State
8employment, (ii) service credit towards State pension
9benefits, and (iii) health insurance benefits paid for by the
10State.
11 "Legislative branch constitutional officer" means a member
12of the General Assembly and the Auditor General.
13 "Legislative leader" means the President and Minority
14Leader of the Senate and the Speaker and Minority Leader of the
15House of Representatives.
16 "Member" means a member of the General Assembly.
17 "Officer" means an executive branch constitutional officer
18or a legislative branch constitutional officer.
19 "Political" means any activity in support of or in
20connection with any campaign for elective office or any
21political organization, but does not include activities (i)
22relating to the support or opposition of any executive,
23legislative, or administrative action (as those terms are
24defined in Section 2 of the Lobbyist Registration Act), (ii)
25relating to collective bargaining, or (iii) that are otherwise
26in furtherance of the person's official State duties or

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1governmental and public service functions.
2 "Political organization" means a party, committee,
3association, fund, or other organization (whether or not
4incorporated) that is required to file a statement of
5organization with the State Board of Elections or a county
6clerk under Section 9-3 of the Election Code, but only with
7regard to those activities that require filing with the State
8Board of Elections or a county clerk.
9 "Prohibited political activity" means:
10 (1) Preparing for, organizing, or participating in any
11 political meeting, political rally, political
12 demonstration, or other political event.
13 (2) Soliciting contributions, including but not
14 limited to the purchase of, selling, distributing, or
15 receiving payment for tickets for any political
16 fundraiser, political meeting, or other political event.
17 (3) Soliciting, planning the solicitation of, or
18 preparing any document or report regarding any thing of
19 value intended as a campaign contribution.
20 (4) Planning, conducting, or participating in a public
21 opinion poll in connection with a campaign for elective
22 office or on behalf of a political organization for
23 political purposes or for or against any referendum
24 question.
25 (5) Surveying or gathering information from potential
26 or actual voters in an election to determine probable vote

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1 outcome in connection with a campaign for elective office
2 or on behalf of a political organization for political
3 purposes or for or against any referendum question.
4 (6) Assisting at the polls on election day on behalf
5 of any political organization or candidate for elective
6 office or for or against any referendum question.
7 (7) Soliciting votes on behalf of a candidate for
8 elective office or a political organization or for or
9 against any referendum question or helping in an effort to
10 get voters to the polls.
11 (8) Initiating for circulation, preparing,
12 circulating, reviewing, or filing any petition on behalf
13 of a candidate for elective office or for or against any
14 referendum question.
15 (9) Making contributions on behalf of any candidate
16 for elective office in that capacity or in connection with
17 a campaign for elective office.
18 (10) Preparing or reviewing responses to candidate
19 questionnaires in connection with a campaign for elective
20 office or on behalf of a political organization for
21 political purposes.
22 (11) Distributing, preparing for distribution, or
23 mailing campaign literature, campaign signs, or other
24 campaign material on behalf of any candidate for elective
25 office or for or against any referendum question.
26 (12) Campaigning for any elective office or for or

SB3936- 228 -LRB103 40367 AWJ 72644 b
1 against any referendum question.
2 (13) Managing or working on a campaign for elective
3 office or for or against any referendum question.
4 (14) Serving as a delegate, alternate, or proxy to a
5 political party convention.
6 (15) Participating in any recount or challenge to the
7 outcome of any election, except to the extent that under
8 subsection (d) of Section 6 of Article IV of the Illinois
9 Constitution each house of the General Assembly shall
10 judge the elections, returns, and qualifications of its
11 members.
12 "Prohibited source" means any person or entity who:
13 (1) is seeking official action (i) by the member or
14 officer or (ii) in the case of an employee, by the employee
15 or by the member, officer, State agency, or other employee
16 directing the employee;
17 (2) does business or seeks to do business (i) with the
18 member or officer or (ii) in the case of an employee, with
19 the employee or with the member, officer, State agency, or
20 other employee directing the employee;
21 (3) conducts activities regulated (i) by the member or
22 officer or (ii) in the case of an employee, by the employee
23 or by the member, officer, State agency, or other employee
24 directing the employee;
25 (4) has interests that may be substantially affected
26 by the performance or non-performance of the official

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1 duties of the member, officer, or employee;
2 (5) is registered or required to be registered with
3 the Secretary of State under the Lobbyist Registration
4 Act, except that an entity not otherwise a prohibited
5 source does not become a prohibited source merely because
6 a registered lobbyist is one of its members or serves on
7 its board of directors; or
8 (6) is an agent of, a spouse of, or an immediate family
9 member who is living with a "prohibited source".
10 "Regional Development Authority" means the following
11regional development authorities:
12 (1) the Central Illinois Economic Development
13 Authority created by the Central Illinois Economic
14 Development Authority Act;
15 (2) the Eastern Illinois Economic Development
16 Authority created by the Eastern Illinois Economic
17 Development Authority Act;
18 (3) the Joliet Arsenal Development Authority created
19 by the Joliet Arsenal Development Authority Act;
20 (4) the Quad Cities Regional Economic Development
21 Authority created by Quad Cities Regional Economic
22 Development Authority Act, approved September 22, 1987;
23 (5) the Riverdale Development Authority created by the
24 Riverdale Development Authority Act;
25 (6) the Southeastern Illinois Economic Development
26 Authority created by the Southeastern Illinois Economic

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1 Development Authority Act;
2 (7) the Southern Illinois Economic Development
3 Authority created by the Southern Illinois Economic
4 Development Authority Act;
5 (8) the Southwestern Illinois Development Authority
6 created by the Southwestern Illinois Development Authority
7 Act;
8 (9) the Tri-County River Valley Development Authority
9 created by the Tri-County River Valley Development
10 Authority Law;
11 (10) the Upper Illinois River Valley Development
12 Authority created by the Upper Illinois River Valley
13 Development Authority Act;
14 (11) the Illinois Urban Development Authority created
15 by the Illinois Urban Development Authority Act;
16 (12) the Western Illinois Economic Development
17 Authority created by the Western Illinois Economic
18 Development Authority Act; and
19 (13) the Will-Kankakee Regional Development Authority
20 created by the Will-Kankakee Regional Development
21 Authority Law.
22 "Regional Transit Board Boards" means (i) the Metropolitan
23Mobility Authority Board created by the Metropolitan Mobility
24Authority Act Regional Transportation Authority created by the
25Regional Transportation Authority Act, (ii) the Suburban Bus
26Division created by the Regional Transportation Authority Act,

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1(iii) the Commuter Rail Division created by the Regional
2Transportation Authority Act, and (iv) the Chicago Transit
3Authority created by the Metropolitan Transit Authority Act.
4 "State agency" includes all officers, boards, commissions
5and agencies created by the Constitution, whether in the
6executive or legislative branch; all officers, departments,
7boards, commissions, agencies, institutions, authorities,
8public institutions of higher learning as defined in Section 2
9of the Higher Education Cooperation Act (except community
10colleges), and bodies politic and corporate of the State; and
11administrative units or corporate outgrowths of the State
12government which are created by or pursuant to statute, other
13than units of local government (including community college
14districts) and their officers, school districts, and boards of
15election commissioners; and all administrative units and
16corporate outgrowths of the above and as may be created by
17executive order of the Governor. "State agency" includes the
18General Assembly, the Senate, the House of Representatives,
19the President and Minority Leader of the Senate, the Speaker
20and Minority Leader of the House of Representatives, the
21Senate Operations Commission, and the legislative support
22services agencies. "State agency" includes the Office of the
23Auditor General. "State agency" does not include the judicial
24branch.
25 "State employee" means any employee of a State agency.
26 "Ultimate jurisdictional authority" means the following:

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1 (1) For members, legislative partisan staff, and
2 legislative secretaries, the appropriate legislative
3 leader: President of the Senate, Minority Leader of the
4 Senate, Speaker of the House of Representatives, or
5 Minority Leader of the House of Representatives.
6 (2) For State employees who are professional staff or
7 employees of the Senate and not covered under item (1),
8 the Senate Operations Commission.
9 (3) For State employees who are professional staff or
10 employees of the House of Representatives and not covered
11 under item (1), the Speaker of the House of
12 Representatives.
13 (4) For State employees who are employees of the
14 legislative support services agencies, the Joint Committee
15 on Legislative Support Services.
16 (5) For State employees of the Auditor General, the
17 Auditor General.
18 (6) For State employees of public institutions of
19 higher learning as defined in Section 2 of the Higher
20 Education Cooperation Act (except community colleges), the
21 board of trustees of the appropriate public institution of
22 higher learning.
23 (7) For State employees of an executive branch
24 constitutional officer other than those described in
25 paragraph (6), the appropriate executive branch
26 constitutional officer.

SB3936- 233 -LRB103 40367 AWJ 72644 b
1 (8) For State employees not under the jurisdiction of
2 paragraph (1), (2), (3), (4), (5), (6), or (7), the
3 Governor.
4 (9) (Blank). For employees of Regional Transit Boards,
5 the appropriate Regional Transit Board.
6 (10) For board members of the Regional Transit Board
7 Boards, the Governor.
8 (11) For employees of Regional Development
9 Authorities, the appropriate Regional Development
10 Authority.
11 (12) For board members of Regional Development
12 Authorities, the Governor.
13(Source: P.A. 103-517, eff. 8-11-23.)
14 (5 ILCS 430/20-5)
15 Sec. 20-5. Executive Ethics Commission.
16 (a) The Executive Ethics Commission is created.
17 (b) The Executive Ethics Commission shall consist of 9
18commissioners. The Governor shall appoint 5 commissioners, and
19the Attorney General, Secretary of State, Comptroller, and
20Treasurer shall each appoint one commissioner. Appointments
21shall be made by and with the advice and consent of the Senate
22by three-fifths of the elected members concurring by record
23vote. Any nomination not acted upon by the Senate within 60
24session days of the receipt thereof shall be deemed to have
25received the advice and consent of the Senate. If, during a

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1recess of the Senate, there is a vacancy in an office of
2commissioner, the appointing authority shall make a temporary
3appointment until the next meeting of the Senate when the
4appointing authority shall make a nomination to fill that
5office. No person rejected for an office of commissioner
6shall, except by the Senate's request, be nominated again for
7that office at the same session of the Senate or be appointed
8to that office during a recess of that Senate. No more than 5
9commissioners may be of the same political party.
10 The terms of the initial commissioners shall commence upon
11qualification. Four initial appointees of the Governor, as
12designated by the Governor, shall serve terms running through
13June 30, 2007. One initial appointee of the Governor, as
14designated by the Governor, and the initial appointees of the
15Attorney General, Secretary of State, Comptroller, and
16Treasurer shall serve terms running through June 30, 2008. The
17initial appointments shall be made within 60 days after the
18effective date of this Act.
19 After the initial terms, commissioners shall serve for
204-year terms commencing on July 1 of the year of appointment
21and running through June 30 of the fourth following year.
22Commissioners may be reappointed to one or more subsequent
23terms.
24 Vacancies occurring other than at the end of a term shall
25be filled by the appointing authority only for the balance of
26the term of the commissioner whose office is vacant.

SB3936- 235 -LRB103 40367 AWJ 72644 b
1 Terms shall run regardless of whether the position is
2filled.
3 (c) The appointing authorities shall appoint commissioners
4who have experience holding governmental office or employment
5and shall appoint commissioners from the general public. A
6person is not eligible to serve as a commissioner if that
7person (i) has been convicted of a felony or a crime of
8dishonesty or moral turpitude, (ii) is, or was within the
9preceding 12 months, engaged in activities that require
10registration under the Lobbyist Registration Act, (iii) is
11related to the appointing authority, or (iv) is a State
12officer or employee.
13 (d) The Executive Ethics Commission shall have
14jurisdiction over all officers and employees of State agencies
15other than the General Assembly, the Senate, the House of
16Representatives, the President and Minority Leader of the
17Senate, the Speaker and Minority Leader of the House of
18Representatives, the Senate Operations Commission, the
19legislative support services agencies, and the Office of the
20Auditor General. The Executive Ethics Commission shall have
21jurisdiction over all board members and employees of the
22Regional Transit Board Boards and all board members and
23employees of Regional Development Authorities. The
24jurisdiction of the Commission is limited to matters arising
25under this Act, except as provided in subsection (d-5).
26 A member or legislative branch State employee serving on

SB3936- 236 -LRB103 40367 AWJ 72644 b
1an executive branch board or commission remains subject to the
2jurisdiction of the Legislative Ethics Commission and is not
3subject to the jurisdiction of the Executive Ethics
4Commission.
5 (d-5) The Executive Ethics Commission shall have
6jurisdiction over all chief procurement officers and
7procurement compliance monitors and their respective staffs.
8The Executive Ethics Commission shall have jurisdiction over
9any matters arising under the Illinois Procurement Code if the
10Commission is given explicit authority in that Code.
11 (d-6) (1) The Executive Ethics Commission shall have
12jurisdiction over the Illinois Power Agency and its staff. The
13Director of the Agency shall be appointed by a majority of the
14commissioners of the Executive Ethics Commission, subject to
15Senate confirmation, for a term of 2 years. The Director is
16removable for cause by a majority of the Commission upon a
17finding of neglect, malfeasance, absence, or incompetence.
18 (2) In case of a vacancy in the office of Director of the
19Illinois Power Agency during a recess of the Senate, the
20Executive Ethics Commission may make a temporary appointment
21until the next meeting of the Senate, at which time the
22Executive Ethics Commission shall nominate some person to fill
23the office, and any person so nominated who is confirmed by the
24Senate shall hold office during the remainder of the term and
25until his or her successor is appointed and qualified. Nothing
26in this subsection shall prohibit the Executive Ethics