Rep. Eva-Dina Delgado

Filed: 5/28/2025

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1 AMENDMENT TO SENATE BILL 2111

2 AMENDMENT NO. ______. Amend Senate Bill 2111 by replacing

3 everything after the enacting clause with the following:

4 "Article 5.

5 Section 5-1. Short title. This Act may be cited as the

6 People Over Parking Act.

7 Section 5-5. Definitions. As used in this Act:

8 "Car-share vehicles" means motor vehicles that are

9 operated as part of a regional fleet by a public or private

10 car-sharing company or organization and provide hourly or

11 daily service.

12 "Commercial development project" means a development

13 project that is undertaken for the development of land for

14 commercial use, including residential housing, multi-family

15 housing, mixed use housing, and non-residential commercial

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1 developments.

2 "Development project" means a project undertaken for the

3 purpose of development of land. "Development project" includes

4 (i) a project involving the issuance of a permit for

5 construction or reconstruction, (ii) a housing development

6 project, or (iii) a commercial development project.

7 "Development project" does not include a project where any

8 portion is designated for use as a hotel, motel,

9 bed-and-breakfast inn, or other transient lodging, except

10 where a portion of a housing development project is designated

11 for use as a residential hotel.

12 "Efficiency living unit" has the meaning ascribed to that

13 term in the 2018 International Building Code, Sixth Version

14 (November 2021).

15 "Elderly housing", "low-income household",

16 "moderate-income household", "multi-family housing", and "very

17 low-income household" have the meanings ascribed to those

18 terms in the Illinois Affordable Housing Act.

19 "Housing development project" means a development project

20 consisting of (i) residential units only, (ii) mixed-use

21 developments consisting of residential and nonresidential uses

22 with at least two-thirds of the square footage designated for

23 residential use, or (iii) transitional housing or supportive

24 housing.

25 "Maximum automobile parking requirements" means any law,

26 code, or policy that limits a maximum number of off-street,

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1 private parking spaces for new residential and commercial

2 developments.

3 "Minimum automobile parking requirements" means any law,

4 code, or policy that requires a minimum number of off-street,

5 private parking spaces for new residential and commercial

6 developments.

7 "On-street parking" means parking of vehicles on public

8 streets or thoroughfares located within the physical

9 boundaries of a municipality.

10 "Public transportation hub" means a rail transit station,

11 a boat or ferry terminal served by either a bus connection stop

12 or rail transit station, or a bus connection stop of 2 or more

13 major bus routes with a frequency of bus service interval of 15

14 minutes or less during the morning and afternoon peak commute

15 periods.

16 "Public transportation hub" means: (i) a rail transit

17 station, (ii) a boat or ferry terminal served by either a bus

18 stop or rail transit station, and (iii) an intersection of 2 or

19 more bus routes with a frequency of bus service interval of 15

20 minutes or less during the morning and afternoon peak commute

21 periods.

22 "Residential hotel" means any building containing 6 or

23 more guest rooms or efficiency living units that is used or

24 intended or designed to be used, rented, hired out, or

25 occupied for sleeping purposes by guests and that is also the

26 primary residence of those guests. "Residential hotel" does

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1 not include any building containing 6 or more guest rooms or

2 efficiency living units primarily used by transient guests who

3 do not occupy the building as their primary residence.

4 Section 5-10. Minimum automobile parking requirements

5 prohibited. Except as otherwise provided in Section 15, a unit

6 of local government may not impose or enforce any minimum

7 automobile parking requirements on a development project if

8 the project is located within one-half mile of a public

9 transportation hub.

10 Section 5-15. Exceptions and limitations to prohibited

11 minimum automobile parking requirements.

12 (a) If a development project provides automobile parking

13 voluntarily, then a unit of local government may impose on the

14 development project requirements for parking spaces to be made

15 available for car-share vehicles, for parking spaces to be

16 shared with the public, or for parking spaces to be made

17 available only for a fee. A unit of local government may not

18 require voluntarily provided parking to be provided free of

19 charge.

20 (b) Section 10 does not apply to minimum automobile

21 parking requirements if it conflicts with a contractual

22 agreement or approved site plan with the unit of local

23 government that was executed or approved on or before the

24 effective date of this Act. However, Section 10 applies to an

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1 amendment or extension to the contractual agreement or

2 approved site plan if the amendment or extension increases

3 automobile parking requirements.

4 (c) A development project may voluntarily build additional

5 parking that is not shared with the public.

6 (d) Nothing in this Act shall be interpreted to prevent a

7 unit of local government from regulating access to on-street

8 parking.

9 (e) Nothing in this Act prevents a unit of local

10 government from enacting or enforcing local laws that

11 establish a maximum parking requirement.

12 (f) Nothing in this Act prevents a unit of local

13 government from enacting or enforcing local laws that

14 establish a minimum parking requirement for bicycles,

15 including electric-assisted bicycles.

16 Section 5-90. Home rule. A home rule unit may not regulate

17 minimum automobile parking requirements in a manner

18 inconsistent with this Act. This Act is a limitation under

19 subsection (i) of Section 6 of Article VII of the Illinois

20 Constitution on the concurrent exercise by home rule units of

21 powers and functions exercised by the State.

22 Section 5-95. Conflict with other laws. To the extent that

23 this Act conflicts with any other provision of law, this Act

24 controls.

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1 Section 5-900. The Department of Transportation Law of the

2 Civil Administrative Code of Illinois is amended by changing

3 Sections 2705-203 and 2705-440 and by adding Sections 2705-594

4 and 2705-596 as follows:

5 (20 ILCS 2705/2705-203)

6 Sec. 2705-203. Transportation asset management plan and

7 performance-based programming.

8 (a) The General Assembly declares it to be in the public

9 interest that a project prioritization process be developed

10 and implemented to: improve the efficiency and effectiveness

11 of the State's transportation system and transportation

12 safety; enhance movement and multi-modal connections of people

13 and goods; mitigate environmental impacts; and promote

14 inclusive economic growth throughout the State.

15 (b) In accordance with Section 2705-200, the Department of

16 Transportation shall develop and publish a statewide

17 multi-modal transportation improvement program for all

18 transportation facilities under its jurisdiction. The

19 development of the program shall use the following methods:

20 (1) use transportation system information to make

21 investment and policy decisions to achieve statewide and

22 regional performance goals established in the State's

23 long-range transportation plan;

24 (2) ensure transportation investment decisions emerge

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1 from an objective and quantifiable technical analysis;

2 (3) evaluate the need and financial support necessary

3 for maintaining, expanding, and modernizing existing

4 transportation infrastructure;

5 (4) ensure that all State transportation funds

6 invested are directed to support progress toward the

7 achievement of performance targets established in the

8 State's long-range transportation plan;

9 (5) make investment decisions transparent and

10 accessible to the public;

11 (6) consider emissions and increase infrastructure

12 resilience to climate change; and

13 (7) reduce disparities in transportation system

14 performance experienced by racially marginalized

15 communities, low-income to moderate-income consumers, and

16 other disadvantaged groups and populations identified

17 under the Environmental Justice Act.

18 (c) The Department shall develop a risk-based, statewide

19 highway system asset management plan in accordance with 23

20 U.S.C. 119 and 23 CFR Part 515 to preserve and improve the

21 condition of highway and bridge assets and enhance the

22 performance of the system while minimizing the life-cycle

23 cost. The asset management plan shall be made publicly

24 available on the Department's website.

25 (d) The Department shall develop a needs-based transit

26 asset management plan for State-supported public

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1 transportation assets, including vehicles, facilities,

2 equipment, and other infrastructure in accordance with 49 CFR

3 Part 625. The goal of the transit asset management plan is to

4 preserve and modernize capital transit assets that will

5 enhance the performance of the transit system. Federally

6 required transit asset management plans developed by the

7 Northern Illinois Transit Authority ~~Regional Transportation~~

8 ~~Authority (RTA)~~ or Service Boards ~~service boards~~, as defined

9 in Section 1.03 of the Northern Illinois Transit ~~Regional~~

10 ~~Transportation~~ Authority Act, shall become the transportation

11 asset management plans for all public transportation assets

12 owned and operated by the Service Boards ~~service boards~~. The

13 Department's transit asset management plan shall be made

14 publicly available on the Department's website. The RTA shall

15 be responsible for making public transit asset management

16 plans for its service area publicly available.

17 (e) The Department shall develop a performance-based

18 project selection process to prioritize taxpayer investment in

19 State-owned transportation assets that add capacity. The goal

20 of the process is to select projects through an evaluation

21 process. This process shall provide the ability to prioritize

22 projects based on geographic regions. The Department shall

23 solicit input from localities, metropolitan planning

24 organizations, transit authorities, transportation

25 authorities, representatives of labor and private businesses,

26 the public, community-based organizations, and other

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1 stakeholders in its development of the prioritization process

2 pursuant to this subsection.

3 The selection process shall include a defined public

4 process by which candidate projects are evaluated and

5 selected. The process shall include both a quantitative

6 analysis of the evaluation factors and qualitative review by

7 the Department. The Department may apply different weights to

8 the performance measures based on regional geography or

9 project type. Projects selected as part of the process will be

10 considered for inclusion in the State's multi-year

11 transportation program and the annual element of the

12 multi-year program. Starting April 1, 2022, no new capacity

13 project shall be included in the multi-year transportation

14 plan or annual element without being evaluated under the

15 selection process described in this Section. Existing projects

16 in the multi-year highway improvement program may be included

17 regardless of the outcome of using the performance-based

18 project selection tool. The policies that guide the

19 performance-based project selection process shall be derived

20 from State and regional long-range transportation plans. The

21 Department shall certify that it is making progress toward the

22 goals included in the State's long-range transportation plan.

23 All plan and program development based on the project

24 selection process described in this subsection shall include

25 consideration of regional balance. The selection process shall

26 be based on an objective and quantifiable analysis that

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1 considers, at a minimum, the goals identified in the

2 long-range transportation plan and shall:

3 (1) consider emissions and increase infrastructure

4 resilience due to climate change; ~~and~~

5 (2) reduce disparities in transportation system

6 performance experienced by racially marginalized

7 communities, low-income to moderate-income consumers, and

8 other disadvantaged groups and populations identified

9 under the Environmental Justice Act; and ~~.~~

10 (3) evaluate project potential for mode shift away

11 from single-occupancy vehicles and commercial motor

12 vehicles.

13 (f) The prioritization process developed under subsection

14 (e) may apply only to State jurisdiction projects and not to:

15 (1) projects funded by the Congestion Mitigation and

16 Air Quality Improvement funds apportioned to the State

17 pursuant to 23 U.S.C. 104(b)(4) and State matching funds;

18 (2) projects funded by the Highway Safety Improvement

19 Program funds apportioned to the State pursuant to 23

20 U.S.C. 104(b)(3) and State matching funds;

21 (3) projects funded by the Transportation Alternatives

22 funds set-aside pursuant to 23 U.S.C. 133(h) and State

23 matching funds;

24 (4) projects funded by the National Highway Freight

25 Program pursuant to 23 U.S.C. 167 and State matching

26 funds;

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1 (5) funds to be allocated to urban areas based on

2 population under federal law; and

3 (6) any new federal program that requires competitive

4 selection, distribution to local public agencies, or

5 specific eligibility.

6 (g) A summary of the project evaluation process, measures,

7 program, and scores for all candidate projects shall be

8 published on the Department website in a timely manner.

9 (Source: P.A. 102-573, eff. 8-24-21.)

10 (20 ILCS 2705/2705-440) (was 20 ILCS 2705/49.25h)

11 Sec. 2705-440. Intercity Rail Service.

12 (a) For the purposes of providing intercity railroad

13 passenger service within this State and throughout the United

14 States, the Department is authorized to enter into agreements

15 with any state, state agency, unit ~~units~~ of local government

16 or political subdivision ~~subdivisions~~, the Commuter Rail

17 Division of the Northern Illinois Transit ~~Regional~~

18 ~~Transportation~~ Authority (or a public corporation on behalf of

19 that Division), architecture or engineering firm ~~firms~~, the

20 National Railroad Passenger Corporation, any carrier, or any

21 individual, corporation, partnership, or public or private

22 entity. The cost related to such services shall be borne in

23 such proportion as, by agreement or contract the parties may

24 desire.

25 (b) In providing any intercity railroad passenger service

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1 as provided in this Section, the Department shall have the

2 following additional powers:

3 (1) to enter into trackage use agreements with rail

4 carriers;

5 (1.5) to freely lease or otherwise contract for any

6 purpose any of the locomotives, passenger railcars, and

7 other rolling stock equipment or accessions to any state

8 or state agency, public or private entity, or quasi-public

9 entities;

10 (2) to enter into haulage agreements with rail

11 carriers;

12 (3) to lease or otherwise contract for use,

13 maintenance, servicing, and repair of any needed

14 locomotives, rolling stock, stations, or other facilities,

15 the lease or contract having a term not to exceed 50 years

16 (but any multi-year contract shall recite that the

17 contract is subject to termination and cancellation,

18 without any penalty, acceleration payment, or other

19 recoupment mechanism, in any fiscal year for which the

20 General Assembly fails to make an adequate appropriation

21 to cover the contract obligation);

22 (4) to enter into management agreements;

23 (5) to include in any contract indemnification of

24 carriers or other parties for any liability with regard to

25 intercity railroad passenger service;

26 (6) to obtain insurance for any losses or claims with

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1 respect to the service;

2 (7) to promote the use of the service;

3 (8) to make grants to any body politic and corporate,

4 any unit of local government, or the Commuter Rail

5 Division of the Northern Illinois Transit ~~Regional~~

6 ~~Transportation~~ Authority to cover all or any part of any

7 capital or operating costs of the service and to enter

8 into agreements with respect to those grants;

9 (9) to set any fares or make other regulations with

10 respect to the service, consistent with any contracts for

11 the service; and

12 (10) to otherwise enter into any contracts necessary

13 or convenient to provide rail services, operate or

14 maintain locomotives, passenger railcars, and other

15 rolling stock equipment or accessions, including the lease

16 or use of such locomotives, railcars, equipment, or

17 accessions.

18 (c) All service provided under this Section shall be

19 exempt from all regulations by the Illinois Commerce

20 Commission ~~(~~other than for safety matters~~)~~. ~~To the extent the~~

21 ~~service is provided by the Commuter Rail Division of the~~

22 ~~Regional Transportation Authority (or a public corporation on~~

23 ~~behalf of that Division), it shall be exempt from safety~~

24 ~~regulations of the Illinois Commerce Commission to the extent~~

25 ~~the Commuter Rail Division adopts its own safety regulations.~~

26 (d) In connection with any powers exercised under this

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1 Section, the Department

2 (1) shall not have the power of eminent domain; and

3 (2) shall not directly operate any railroad service

4 with its own employees.

5 (e) Any contract with the Commuter Rail Division of the

6 Northern Illinois Transit ~~Regional Transportation~~ Authority

7 (or a public corporation on behalf of the Division) under this

8 Section shall provide that all costs in excess of revenue

9 received by the Division generated from intercity rail service

10 provided by the Division shall be fully borne by the

11 Department, and no funds for operation of commuter rail

12 service shall be used, directly or indirectly, or for any

13 period of time, to subsidize the intercity rail operation. If

14 at any time the Division does not have sufficient funds

15 available to satisfy the requirements of this Section, the

16 Division shall forthwith terminate the operation of intercity

17 rail service. The payments made by the Department to the

18 Division for the intercity rail passenger service shall not be

19 made in excess of those costs or as a subsidy for costs of

20 commuter rail operations. This shall not prevent the contract

21 from providing for efficient coordination of service and

22 facilities to promote cost effective operations of both

23 intercity rail passenger service and commuter rail services

24 with cost allocations as provided in this paragraph.

25 (f) Whenever the Department enters into an agreement with

26 any carrier for the Department's payment of such railroad

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1 required maintenance expenses necessary for intercity

2 passenger service, the Department may deposit such required

3 maintenance funds into an escrow account. Whenever the

4 Department enters into an agreement with any State or State

5 agency, any public or private entity or quasi-public entity

6 for the lease, rental or use of locomotives, passenger

7 railcars, and other rolling stock equipment or accessions, the

8 Department may deposit such receipts into a separate escrow

9 account. For purposes of this subsection, "escrow account" ~~an~~

10 ~~escrow account~~ means any fiduciary account established with

11 (i) any banking corporation which is both organized under the

12 Illinois Banking Act and authorized to accept and administer

13 trusts in this State, or (ii) any national banking association

14 which has its principal place of business in this State and

15 which also is authorized to accept and administer trusts in

16 this State. The funds in any required maintenance escrow

17 account may be withdrawn by the carrier or entity in control of

18 the railroad being maintained, only with the consent of the

19 Department, pursuant to a written maintenance agreement and

20 pursuant to a maintenance plan that shall be updated each

21 year. The funds in an escrow account holding lease payments,

22 use fees, or rental payments may be withdrawn by the

23 Department, only with the consent of the Midwest Fleet Pool

24 Board and deposited into the High-Speed Rail Rolling Stock

25 Fund. The moneys deposited in the escrow accounts shall be

26 invested and reinvested, pursuant to the direction of the

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1 Department, in bonds and other interest bearing obligations of

2 this State, or in such accounts, certificates, bills,

3 obligations, shares, pools, or other securities as are

4 authorized for the investment of public funds under the Public

5 Funds Investment Act. Escrow accounts created under this

6 subsection shall not have terms that exceed 20 years. At the

7 end of the term of an escrow account holding lease payments,

8 use fees, or rental payments, the remaining balance shall be

9 deposited in the High-Speed Rail Rolling Stock Fund, a special

10 fund that is created in the State treasury ~~Treasury~~. Moneys in

11 the High-Speed Rail Rolling Stock Fund may be used for any

12 purpose related to locomotives, passenger railcars, and other

13 rolling stock equipment. The Department shall prepare a report

14 for presentation to the Comptroller and the Treasurer each

15 year that shows the amounts deposited and withdrawn, the

16 purposes for withdrawal, the balance, and the amounts derived

17 from investment.

18 (g) Whenever the Department enters into an agreement with

19 any carrier, State or State agency, any public or private

20 entity, or quasi-public entity for costs related to

21 procurement and maintenance of locomotives, passenger

22 railcars, and other rolling stock equipment or accessions, the

23 Department shall deposit such receipts into the High-Speed

24 Rail Rolling Stock Fund. Additionally, the Department may make

25 payments into the High-Speed Rail Rolling Stock Fund for the

26 State's share of the costs related to locomotives, passenger

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1 railcars, and other rolling stock equipment.

2 (Source: P.A. 103-707, eff. 1-1-25; revised 11-22-24.)

3 (20 ILCS 2705/2705-594 new)

4 Sec. 2705-594. Transit Integration Policy Development

5 Committee.

6 (a) The Transit Integration Policy Development Committee

7 is created within the Department of Transportation to better

8 integrate transit policy, planning, and design into Department

9 decisions and highway planning and design. The Committee shall

10 consist of the following members:

11 (1) The Secretary of Transportation or the Secretary

12 of Transportation's designee;

13 (2) Representatives of the Department of

14 Transportation that are involved in highway or intermodal

15 project implementation, design, planning, or programming,

16 as designated by the Secretary of Transportation; and

17 (3) Transportation experts from outside the

18 Department, including, but not limited to, staff of a

19 metropolitan planning organization or local transportation

20 department, as designated by the Secretary of

21 Transportation.

22 (b) The Committee shall recommend new or review and

23 recommend revisions to existing policies and processes for:

24 (1) identifying existing, planned, and potential

25 future transit corridors;

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1 (2) soliciting in a timely fashion and evaluating

2 feedback from local transit agencies and local governments

3 as it pertains to Department projects on existing,

4 planned, and potential future transit corridors;

5 (3) coordinating with local transit authorities and

6 local governments on the delivery of bus priority

7 projects;

8 (4) incorporating designing for transit on highway

9 projects in the Department's Design and Environment

10 Manual; and

11 (5) developing a cost and maintenance policy for

12 construction and maintenance of future facilities in

13 partnership with transit agencies.

14 (c) The Committee shall research global best practices on

15 optimizing roadways for public transportation services.

16 (d) The Committee shall consult with highway and transit

17 experts, transit users, and other individuals and groups with

18 knowledge and experience on how to optimize roadways for

19 public transportation service.

20 (e) The Committee shall interface with the Blue-Ribbon

21 Commission on Transportation Infrastructure Funding and Policy

22 as needed.

23 (f) The Department shall implement policies and processes

24 based on recommendations developed by the Transit Integration

25 Policy Development Committee under subsection (b) and shall

26 publish, by January 1, 2027, a report on the modifications to

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1 the Department's policies and procedures based on input from

2 the Transit Integration Policy Development Committee. The

3 report shall include the Department's identification of

4 statutory provisions that the Department believes make it

5 difficult or impossible for the Department to implement its

6 recommended best practices for optimizing its highways for

7 public transit service and users.

8 (g) The Transit Integration Policy Development Committee

9 shall review and evaluate the Department's implementation of

10 policies and processes created or revised under subsection

11 (f). The Committee shall publish a report on the status of the

12 Department's implementation of these policies and procedures

13 by January 1, 2030.

14 (h) This Section is repealed January 1, 2030.

15 (20 ILCS 2705/2705-596 new)

16 Sec. 2705-596. Transit Coordination Oversight Officer.

17 (a) Within 12 months after the effective date of this

18 amendatory Act of the 104th General Assembly, the Secretary of

19 Transportation shall designate a Transit Coordination

20 Oversight Officer within the Department of Transportation. The

21 Transit Coordination Oversight Officer shall be tasked with

22 the following:

23 (1) overseeing the Department's implementation of the

24 policies and processes recommended by the Transit

25 Integration Policy Development Committee;

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1 (2) leading coordination across the Department to

2 publish the Department's reports outlined in Section

3 2705-594 of the Department of Transportation Law of the

4 Civil Administrative Code; and

5 (3) liaising with transit agencies, metropolitan

6 planning organizations, and members of the public to

7 solicit and evaluate feedback on the Department's

8 implementation of transit-related policies and processes.

9 (b) This Section is repealed January 1, 2030.

10 Section 5-903. The Metropolitan Transit Authority Act is

11 amended by changing Sections 1, 2, 5, 6, 7, 9a, 9b, 11, 12a,

12 12b, 12c, 15, 18, 19, 20, 21, 23, 27, 28, 28a, 28d, 29, 31, 38,

13 and 42 and by adding Sections 19.5 and 33.10 as follows:

14 (70 ILCS 3605/1) (from Ch. 111 2/3, par. 301)

15 Sec. 1. This Act shall be known and may be cited as the

16 Chicago Transit Authority Act and for the purposes of legal

17 obligations created prior to this amendatory Act of the 104th

18 General Assembly it may also be cited as the ~~"~~Metropolitan

19 Transit Authority Act.~~"~~

20 (Source: Laws 1945, p. 1171.)

21 (70 ILCS 3605/2) (from Ch. 111 2/3, par. 302)

22 Sec. 2. When used in this Act:

23 "Transportation System" means all plants, equipment,

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1 property and rights useful for transportation of passengers

2 for hire except taxicabs and includes, without limiting the

3 generality of the foregoing, street railways, elevated

4 railroads, subways and underground railroads, motor vehicles,

5 trolley buses, motor buses and any combination thereof.

6 ~~"Metropolitan area of Cook County" embraces all the~~

7 ~~territory in the County of Cook, State of Illinois East of the~~

8 ~~east line of Range Eleven (11), East of the Third Principal~~

9 ~~Meridian of the United States Government survey.~~

10 "Metropolitan area" has the meaning given to the term

11 "metropolitan region" in the Northern Illinois Transit

12 Authority Act ~~means the metropolitan area of Cook County, as~~

13 ~~above defined~~.

14 "Authority" means Chicago Transit Authority created by

15 this Act.

16 "Board" means Chicago Transit Board.

17 "Governor" means Governor of the State of Illinois.

18 "Mayor" means Mayor of the City of Chicago.

19 "Motor vehicle" means every vehicle which is

20 self-propelled or which is propelled by electric power

21 obtained from overhead trolley wires but not operated on

22 rails.

23 "Municipal government" means a "municipality" as defined

24 in Section 1 of Article VII of the Illinois Constitution.

25 "Unit of local government" has the meaning ascribed to it

26 in Section 1 of Article VII of the Illinois Constitution.

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1 (Source: P.A. 98-709, eff. 7-16-14.)

2 (70 ILCS 3605/6) (from Ch. 111 2/3, par. 306)

3 Sec. 6. Subject to the powers and duties of Northern

4 Illinois Transit Authority created by the Northern Illinois

5 Transit Authority Act, the ~~The~~ Authority shall have power to

6 acquire, construct, own, operate and maintain for public

7 service a transportation system in the metropolitan area of

8 Cook County and outside thereof to the extent herein provided

9 and all the powers necessary or convenient to accomplish the

10 purposes of this Act, including, without limiting the

11 generality of the foregoing, the specific powers enumerated

12 herein.

13 (Source: Laws 1955, p. 1166.)

14 (70 ILCS 3605/7) (from Ch. 111 2/3, par. 307)

15 Sec. 7. General powers.

16 (a) The Authority shall:

17 (1) oversee the operations and management of the

18 Authority;

19 (2) convey the Regional Authority's goals, priorities,

20 and requirements to the Authority; and

21 (3) convey information, concerns, and recommendations

22 from the Authority to the Executive Director and Board of

23 the Northern Illinois Transit Authority.

24 (b) The Board shall manage the debt that was issued and

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1 outstanding by the Authority and ensure that the obligations

2 owed to bondholders are fulfilled.

3 (c) The Board shall not have the power to issue new debt

4 other than debt or other financial instruments designed to

5 refinance or retire debt that was issued and outstanding on

6 the effective date of this amendatory Act of the 104th General

7 Assembly.

8 (d) In addition to any powers provided in this Act, the

9 Authority shall have all of the powers specified in Section

10 2.20 of the Northern Illinois Transit Authority Act, except

11 that the powers specified in paragraph (v) of subsection (a)

12 of Section 2.20 must be delegated to the Authority by the Board

13 of the Northern Illinois Transit Authority.

14 (e) The Board shall also have the power to:

15 (1) cooperate with the Northern Illinois Transit

16 Authority in the exercise by the Northern Illinois Transit

17 Authority of all the powers granted to the Northern

18 Illinois Transit Authority by the Northern Illinois

19 Transit Authority Act;

20 (2) receive funds from the Northern Illinois Transit

21 Authority under Sections 2.02, 4.01, 4.02, 4.09 and 4.10

22 of the Northern Illinois Transit Authority Act, as

23 provided in the Northern Illinois Transit Authority Act;

24 (3) receive financial grants from the Northern

25 Illinois Transit Authority;

26 (4) adopt ordinances and rules to regulate the use,

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1 operation, and maintenance of its property and facilities;

2 and

3 (5) to carry into effect the powers granted to the

4 Suburban Bus Board, with any necessary fines or penalties,

5 such as the suspension of riding privileges or

6 confiscation of fare media under Section 2.40, as the

7 Board deems proper.

8 (f) The Authority shall use powers delegated to it by the

9 Northern Illinois Transit Authority to oversee the delivery of

10 public transportation in the metropolitan region, provided

11 that the Northern Illinois Transit Authority shall retain

12 primary responsibility for setting fares, service standards,

13 schedules, and coordinated fare collection so that the public

14 transportation system in the metropolitan region operates on a

15 one-network, one-timetable, one-ticket model for transit

16 users. ~~The Authority shall have power to acquire by purchase,~~

17 ~~condemnation, lease, gift or otherwise all or any part of the~~

18 ~~plant, equipment, property, rights in property, reserve funds,~~

19 ~~employees' pension or retirement funds, special funds,~~

20 ~~franchises, licenses, patents, permits and papers, documents~~

21 ~~and records belonging to any public utility operating a~~

22 ~~transportation system within the metropolitan area of Cook~~

23 ~~County, together with all or any part of the right of way,~~

24 ~~equipment, fixed facilities and other property of any kind of~~

25 ~~any such utility extending beyond the boundaries of the~~

26 ~~metropolitan area of Cook County and forming part of an~~

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1 ~~integrated suburban rapid transit, rail transportation~~

2 ~~facility or motor bus operation connecting with rapid transit~~

3 ~~or electric railway lines in super highways of the Authority~~

4 ~~or leading to the unification and integration of a unified~~

5 ~~rapid transit, rail, and motor bus operation in and about the~~

6 ~~metropolitan area of Cook County. Such properties upon~~

7 ~~acquisition by or lease to the Authority shall become and be~~

8 ~~operated as part of the transportation system of the Authority~~

9 ~~and the Authority shall have all powers in connection with~~

10 ~~such properties and such operations as are conferred by this~~

11 ~~Act with respect to the transportation system of the Authority~~

12 ~~located within the metropolitan area of Cook County. The~~

13 ~~Authority shall also have the power to enter into agreements~~

14 ~~to operate any such lines extending beyond the boundaries of~~

15 ~~the metropolitan area; such agreements to be subject to all~~

16 ~~other provisions of this Act. The Authority shall have power~~

17 ~~to contract for or lease for operation and maintenance by the~~

18 ~~Authority, any municipally owned local transportation subways~~

19 ~~or other municipally owned local transportation facilities or~~

20 ~~the facilities of any common carrier or the facilities of any~~

21 ~~local Mass Transit District, organized under the "Local Mass~~

22 ~~Transit Act", approved July 21, 1959, as heretofore and~~

23 ~~hereafter amended, whether such subways or facilities are~~

24 ~~within or without the metropolitan area of Cook County. The~~

25 ~~Authority shall have the power to contract with any local Mass~~

26 ~~Transit District, organized under the "Local Mass Transit~~

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1 ~~Act", approved July 21, 1959, as heretofore and hereafter~~

2 ~~amended, or with any common carrier for the construction and~~

3 ~~operation of a transportation system, whether such~~

4 ~~transportation system is within or without the metropolitan~~

5 ~~area of Cook County. However, the Authority shall not have~~

6 ~~power to operate a motor bus facility, the major part of which~~

7 ~~is used for local transportation of passengers in any city,~~

8 ~~village or incorporated town, unless and until the Authority~~

9 ~~shall have secured the right to operate motor buses in such~~

10 ~~municipality for local transportation of passengers in the~~

11 ~~manner stated in Section 11 of this Act.~~

12 (Source: P.A. 76-1548.)

13 (70 ILCS 3605/9a) (from Ch. 111 2/3, par. 309a)

14 Sec. 9a. In addition to all its other powers, the

15 Authority shall, in all its dealings with the Northern

16 Illinois Transit ~~Regional Transportation~~ Authority established

17 by the Northern Illinois Transit ~~"Regional Transportation~~

18 Authority Act~~"~~, enacted by the 78th General Assembly, have the

19 following powers:

20 (a) to cooperate with the Northern Illinois Transit

21 ~~Regional Transportation~~ Authority in the exercise by the

22 Regional Transportation Authority of all the powers granted it

23 by such Act;

24 (b) to receive funds from the Northern Illinois Transit

25 ~~Regional Transportation~~ Authority pursuant to Sections 2.02,

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1 4.01, 4.02, 4.09 and 4.10 of the Northern Illinois Transit

2 ~~"Regional Transportation~~ Authority Act~~"~~, all as provided in

3 the Northern Illinois Transit ~~"Regional Transportation~~

4 Authority Act~~"~~;

5 (c) to receive financial grants from the Northern Illinois

6 Transit ~~Regional Transportation~~ Authority or a Service Board,

7 as defined in the Northern Illinois Transit ~~" Regional~~

8 ~~Transportation~~ Authority Act~~"~~, upon such terms and conditions

9 as shall be set forth in a grant contract between either the

10 Authority and the Northern Illinois Transit ~~Regional~~

11 ~~Transportation~~ Authority or the Authority and another Service

12 Board, which contract or agreement may be for such number of

13 years or duration as the parties may agree, all as provided in

14 the Northern Illinois Transit ~~"Regional Transportation~~

15 Authority Act~~"~~;

16 (d) to acquire from the Northern Illinois Transit ~~Regional~~

17 ~~Transportation~~ Authority any Public Transportation Facility,

18 as defined in the "Regional Transportation Authority Act", by

19 purchase contract, gift, grant, exchange for other property or

20 rights in property, lease (or sublease) or installment or

21 conditional purchase contracts, which contracts or leases may

22 provide for consideration to be paid in annual installments

23 during a period not exceeding 40 years; such property may be

24 acquired subject to such conditions, restrictions, liens or

25 security or other interests of other parties as the Authority

26 may deem appropriate and in each case the Authority may

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1 acquire or dispose of a joint, leasehold, easement, license or

2 other partial interest in such property;

3 (e) to sell, sell by installment contract, lease (or

4 sublease) as lessor, or transfer to, or grant to or provide for

5 the use by the Northern Illinois Transit ~~Regional~~

6 ~~Transportation~~ Authority any Public Transportation Facility,

7 as defined in the Northern Illinois Transit ~~" Regional~~

8 ~~Transportation~~ Authority Act~~"~~, upon such terms and for such

9 consideration, or for no consideration, as the Authority may

10 deem proper;

11 (f) to cooperate with the Northern Illinois Transit

12 ~~Regional Transportation~~ Authority for the protection of

13 employees of the Authority and users of public transportation

14 facilities against crime and unsafe conditions and also to

15 protect such facilities; such cooperation may include, without

16 limitation, agreements for the coordination or merger of

17 police or security forces;

18 (g) to file such budgets, financial plans and reports with

19 and transfer such records, papers or documents to the Northern

20 Illinois Transit ~~Regional Transportation~~ Authority as may be

21 agreed upon with, or required by the Northern Illinois Transit

22 ~~Regional Transportation~~ Authority, all as provided in the

23 Northern Illinois Transit ~~"Regional Transportation~~ Authority

24 Act~~"~~.

25 (Source: P.A. 90-273, eff. 7-30-97.)

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1 (70 ILCS 3605/9b) (from Ch. 111 2/3, par. 309b)

2 Sec. 9b. The Authority shall comply with the requirements

3 imposed upon a Service Board in Sections 4.09(d) and 4.11 of

4 the Regional Transportation Authority Act and with the

5 requirements of Section 2.11 of the Regional Transportation

6 Authority Act. ~~The Authority shall present evidence that it~~

7 ~~has complied with Section 27a of this Act to the Regional~~

8 ~~Transportation Authority.~~

9 (Source: P.A. 102-559, eff. 8-20-21.)

10 (70 ILCS 3605/12a) (from Ch. 111 2/3, par. 312a)

11 Sec. 12a. (a) In addition to other powers provided in

12 Section 12b, the Authority may issue its notes from time to

13 time, in anticipation of tax receipts of the Northern Illinois

14 Transit ~~Regional Transportation~~ Authority allocated to the

15 Authority or of other revenues or receipts of the Authority,

16 in order to provide money for the Authority to cover any cash

17 flow deficit which the Authority anticipates incurring.

18 Provided, however, that no such notes may be issued unless the

19 annual cost thereof is incorporated in a budget or revised

20 budget of the Authority which has been approved by the

21 Northern Illinois Transit ~~Regional Transportation~~ Authority.

22 Any such notes are referred to as "Working Cash Notes".

23 Provided further that, the board shall not issue and have

24 outstanding or demand and direct that the Board of the

25 Northern Illinois Transit ~~Regional Transportation~~ Authority

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1 issue and have outstanding more than an aggregate of

2 $40,000,000 in Working Cash Notes. No Working Cash Notes shall

3 be issued for a term of longer than 18 months. Proceeds of

4 Working Cash Notes may be used to pay day to day operating

5 expenses of the Authority, consisting of wages, salaries and

6 fringe benefits, professional and technical services

7 (including legal, audit, engineering and other consulting

8 services), office rental, furniture, fixtures and equipment,

9 insurance premiums, claims for self-insured amounts under

10 insurance policies, public utility obligations for telephone,

11 light, heat and similar items, travel expenses, office

12 supplies, postage, dues, subscriptions, public hearings and

13 information expenses, fuel purchases, and payments of grants

14 and payments under purchase of service agreements for

15 operations of transportation agencies, prior to the receipt by

16 the Authority from time to time of funds for paying such

17 expenses. Proceeds of the Working Cash Notes shall not be used

18 (i) to increase or provide a debt service reserve fund for any

19 bonds or notes other than Working Cash Notes of the same

20 Series, or (ii) to pay principal of or interest or redemption

21 premium on any capital bonds or notes, whether as such amounts

22 become due or by earlier redemption, issued by the Authority

23 or a transportation agency to construct or acquire public

24 transportation facilities, or to provide funds to purchase

25 such capital bonds or notes.

26 (b) The ordinance providing for the issuance of any such

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1 notes shall fix the date or dates of maturity, the dates on

2 which interest is payable, any sinking fund account or reserve

3 fund account provisions and all other details of such notes

4 and may provide for such covenants or agreements necessary or

5 desirable with regard to the issue, sale and security of such

6 notes. The Authority shall determine and fix the rate or rates

7 of interest of its notes issued under this Act in an ordinance

8 adopted by the Board prior to the issuance thereof, none of

9 which rates of interest shall exceed that permitted in the

10 Bond Authorization Act. Interest may be payable annually or

11 semi-annually, or at such other times as determined by the

12 Board. Notes issued under this Section may be issued as serial

13 or term obligations, shall be of such denomination or

14 denominations and form, including interest coupons to be

15 attached thereto, be executed in such manner, shall be payable

16 at such place or places and bear such date as the Board shall

17 fix by the ordinance authorizing such note and shall mature at

18 such time or times, within a period not to exceed 18 months

19 from the date of issue, and may be redeemable prior to maturity

20 with or without premium, at the option of the Board, upon such

21 terms and conditions as the Board shall fix by the ordinance

22 authorizing the issuance of such notes. The Board may provide

23 for the registration of notes in the name of the owner as to

24 the principal alone or as to both principal and interest, upon

25 such terms and conditions as the Board may determine. The

26 ordinance authorizing notes may provide for the exchange of

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1 such notes which are fully registered, as to both principal

2 and interest, with notes which are registerable as to

3 principal only. All notes issued under this Section by the

4 Board shall be sold at a price which may be at a premium or

5 discount but such that the interest cost (excluding any

6 redemption premium) to the Board of the proceeds of an issue of

7 such notes, computed to stated maturity according to standard

8 tables of bond values, shall not exceed that permitted in the

9 Bond Authorization Act. Such notes shall be sold at such time

10 or times as the Board shall determine. The notes may be sold

11 either upon competitive bidding or by negotiated sale (without

12 any requirement of publication of intention to negotiate the

13 sale of such notes), as the Board shall determine by ordinance

14 adopted with the affirmative votes of at least 4 Directors. In

15 case any officer whose signature appears on any notes or

16 coupons authorized pursuant to this Section shall cease to be

17 such officer before delivery of such notes, such signature

18 shall nevertheless be valid and sufficient for all purposes,

19 the same as if such officer had remained in office until such

20 delivery. Neither the Directors of the Regional Transportation

21 Authority, the Directors of the Authority nor any person

22 executing any bonds or notes thereof shall be liable

23 personally on any such bonds or notes or coupons by reason of

24 the issuance thereof.

25 (c) All notes of the Authority issued pursuant to this

26 Section shall be general obligations of the Authority to which

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1 shall be pledged the full faith and credit of the Authority, as

2 provided in this Section. Such notes shall be secured as

3 provided in the authorizing ordinance, which may,

4 notwithstanding any other provision of this Act, include in

5 addition to any other security, a specific pledge or

6 assignment of and lien on or security interest in any or all

7 tax receipts of the Regional Transportation Authority

8 allocated to the Authority and on any or all other revenues or

9 moneys of the Authority from whatever source which may by law

10 be utilized for debt service purposes and a specific pledge or

11 assignment of and lien on or security interest in any funds or

12 accounts established or provided for by the ordinance of the

13 Board authorizing the issuance of such notes. Any such pledge,

14 assignment, lien or security interest for the benefit of

15 holders of notes of the Authority shall be valid and binding

16 from the time the notes are issued without any physical

17 delivery or further act, and shall be valid and binding as

18 against and prior to the claims of all other parties having

19 claims of any kind against the Authority or any other person

20 irrespective of whether such other parties have notice of such

21 pledge, assignment, lien or security interest. The obligations

22 of the Authority incurred pursuant to this Section shall be

23 superior to and have priority over any other obligations of

24 the Authority except for obligations under Section 12. The

25 Board may provide in the ordinance authorizing the issuance of

26 any notes issued pursuant to this Section for the creation of,

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1 deposits in, and regulation and disposition of sinking fund or

2 reserve accounts relating to such notes. The ordinance

3 authorizing the issuance of any notes pursuant to this Section

4 may contain provisions as part of the contract with the

5 holders of the notes, for the creation of a separate fund to

6 provide for the payment of principal and interest on such

7 notes and for the deposit in such fund from any or all the tax

8 receipts of the Regional Transportation Authority allocated to

9 the Authority and from any or all such other moneys or revenues

10 of the Authority from whatever source which may by law be

11 utilized for debt service purposes, all as provided in such

12 ordinance, of amounts to meet the debt service requirements on

13 such notes, including principal and interest, and any sinking

14 fund or reserve fund account requirements as may be provided

15 by such ordinance, and all expenses incident to or in

16 connection with such fund and accounts or the payment of such

17 notes. Such ordinance may also provide limitations on the

18 issuance of additional notes of the Authority. No such notes

19 of the Authority shall constitute a debt of the State of

20 Illinois.

21 (d) The ordinance of the Board authorizing the issuance of

22 any notes may provide additional security for such notes by

23 providing for appointment of a corporate trustee (which may be

24 any trust company or bank having the powers of a trust company

25 within the State) with respect to such notes. The ordinance

26 shall prescribe the rights, duties and powers of the trustee

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1 to be exercised for the benefit of the Authority and the

2 protection of the holders of such notes. The ordinance may

3 provide for the trustee to hold in trust, invest and use

4 amounts in funds and accounts created as provided by the

5 ordinance with respect to the notes. The ordinance shall

6 provide that amounts so paid to the trustee which are not

7 required to be deposited, held or invested in funds and

8 accounts created by the ordinance with respect to notes or

9 used for paying notes to be paid by the trustee to the

10 Authority.

11 (e) Any notes of the Authority issued pursuant to this

12 Section shall constitute a contract between the Authority and

13 the holders from time to time of such notes. In issuing any

14 note, the Board may include in the ordinance authorizing such

15 issue a covenant as part of the contract with the holders of

16 the notes, that as long as such obligations are outstanding,

17 it shall make such deposits, as provided in paragraph (c) of

18 this Section. A certified copy of the ordinance authorizing

19 the issuance of any such obligations shall be filed at or prior

20 to the issuance of such obligations with the Regional

21 Transportation Authority, Comptroller of the State of Illinois

22 and the Illinois Department of Revenue.

23 (f) The State of Illinois pledges to and agrees with the

24 holders of the notes of the Authority issued pursuant to this

25 Section that the State will not limit or alter the rights and

26 powers vested in the Authority by this Act or in the Regional

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1 Transportation Authority by the Regional Transportation

2 Authority Act so as to impair the terms of any contract made by

3 the Authority with such holders or in any way impair the rights

4 and remedies of such holders until such notes, together with

5 interest thereon, with interest on any unpaid installments of

6 interest, and all costs and expenses in connection with any

7 action or proceedings by or on behalf of such holders, are

8 fully met and discharged. In addition, the State pledges to

9 and agrees with the holders of the notes of the Authority

10 issued pursuant to this Section that the State will not limit

11 or alter the basis on which State funds are to be paid to the

12 Authority as provided in the Regional Transportation Authority

13 Act, or the use of such funds, so as to impair the terms of any

14 such contract. The Board is authorized to include these

15 pledges and agreements of the State in any contract with the

16 holders of bonds or notes issued pursuant to this Section.

17 (g) The Board shall not at any time issue, sell or deliver

18 any Interim Financing Notes pursuant to this Section which

19 will cause it to have issued and outstanding at any time in

20 excess of $40,000,000 of Working Cash Notes. Notes which are

21 being paid or retired by such issuance, sale or delivery of

22 notes, and notes for which sufficient funds have been

23 deposited with the paying agency of such notes to provide for

24 payment of principal and interest thereon or to provide for

25 the redemption thereof, all pursuant to the ordinance

26 authorizing the issuance of such notes, shall not be

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1 considered to be outstanding for the purposes of this

2 paragraph.

3 (h) The Board, subject to the terms of any agreements with

4 noteholders as may then exist, shall have power, out of any

5 funds available therefor, to purchase notes of the Authority

6 which shall thereupon be cancelled.

7 (i) In addition to any other authority granted by law, the

8 State Treasurer may, with the approval of the Governor, invest

9 or reinvest, at a price not to exceed par, any State money in

10 the State Treasury which is not needed for current

11 expenditures due or about to become due in Interim Financing

12 Notes. In the event of a default on an interim financing note

13 issued by the Chicago Transit Authority in which State money

14 in the State treasury was invested, the Treasurer may, after

15 giving notice to the Authority, certify to the Comptroller the

16 amounts of the defaulted interim financing note, in accordance

17 with any applicable rules of the Comptroller, and the

18 Comptroller must deduct and remit to the State treasury the

19 certified amounts or a portion of those amounts from the

20 following proportions of payments of State funds to the

21 Authority:

22 (1) in the first year after default, one-third of the

23 total amount of any payments of State funds to the

24 Authority;

25 (2) in the second year after default, two-thirds of

26 the total amount of any payments of State funds to the

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1 Authority; and

2 (3) in the third year after default and for each year

3 thereafter until the total invested amount is repaid, the

4 total amount of any payments of State funds to the

5 Authority.

6 (Source: P.A. 100-201, eff. 8-18-17; 101-485, eff. 8-23-19.)

7 (70 ILCS 3605/12b) (from Ch. 111 2/3, par. 312b)

8 Sec. 12b. Working Cash Borrowing. In addition to the

9 powers provided in Section 12a, the Board with the affirmative

10 vote of 4 ~~5~~ of its Directors may request ~~demand and direct~~ the

11 Board of the Regional Transportation Authority to issue

12 Working Cash Notes at such time and in such amounts and having

13 such maturities as the Authority deems proper, provided

14 however any such borrowing shall have been specifically

15 identified in the budget of the Authority as approved by the

16 Board of the Regional Transportation Authority. Provided

17 further, that the Board may not issue and have outstanding or

18 demand and direct the Board of the Regional Transportation

19 Authority to issue and have outstanding more than an aggregate

20 of $40,000,000 in Working Cash Notes.

21 (Source: P.A. 83-885; 83-886.)

22 (70 ILCS 3605/12c)

23 Sec. 12c. Retiree Benefits Bonds and Notes.

24 (a) In addition to all other bonds or notes that it is

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1 authorized to issue, the Authority is authorized to issue its

2 bonds or notes for the purposes of providing funds for the

3 Authority to make the deposits described in Section 12c(b)(1)

4 and (2), for refunding any bonds authorized to be issued under

5 this Section, as well as for the purposes of paying costs of

6 issuance, obtaining bond insurance or other credit enhancement

7 or liquidity facilities, paying costs of obtaining related

8 swaps as authorized in the Bond Authorization Act ("Swaps"),

9 providing a debt service reserve fund, paying Debt Service (as

10 defined in paragraph (i) of this Section 12c), and paying all

11 other costs related to any such bonds or notes.

12 (b)(1) After its receipt of a certified copy of a report of

13 the Auditor General of the State of Illinois meeting the

14 requirements of Section 3-2.3 of the Illinois State Auditing

15 Act, the Authority may issue $1,348,550,000 aggregate original

16 principal amount of bonds and notes. After payment of the

17 costs of issuance and necessary deposits to funds and accounts

18 established with respect to debt service, the net proceeds of

19 such bonds or notes shall be deposited only in the Retirement

20 Plan for Chicago Transit Authority Employees and used only for

21 the purposes required by Section 22-101 of the Illinois

22 Pension Code. Provided that no less than $1,110,500,000 has

23 been deposited in the Retirement Plan, remaining proceeds of

24 bonds issued under this subparagraph (b)(1) may be used to pay

25 costs of issuance and make necessary deposits to funds and

26 accounts with respect to debt service for bonds and notes

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1 issued under this subparagraph or subparagraph (b)(2).

2 (2) After its receipt of a certified copy of a report of

3 the Auditor General of the State of Illinois meeting the

4 requirements of Section 3-2.3 of the Illinois State Auditing

5 Act, the Authority may issue $639,680,000 aggregate original

6 principal amount of bonds and notes. After payment of the

7 costs of issuance and necessary deposits to funds and accounts

8 established with respect to debt service, the net proceeds of

9 such bonds or notes shall be deposited only in the Retiree

10 Health Care Trust and used only for the purposes required by

11 Section 22-101B of the Illinois Pension Code. Provided that no

12 less than $528,800,000 has been deposited in the Retiree

13 Health Care Trust, remaining proceeds of bonds issued under

14 this subparagraph (b)(2) may be used to pay costs of issuance

15 and make necessary deposits to funds and accounts with respect

16 to debt service for bonds and notes issued under this

17 subparagraph or subparagraph (b)(1).

18 (3) In addition, refunding bonds are authorized to be

19 issued for the purpose of refunding outstanding bonds or notes

20 issued under this Section 12c.

21 (4) The bonds or notes issued under 12c(b)(1) shall be

22 issued as soon as practicable after the Auditor General issues

23 the report provided in Section 3-2.3(b) of the Illinois State

24 Auditing Act. The bonds or notes issued under 12c(b)(2) shall

25 be issued as soon as practicable after the Auditor General

26 issues the report provided in Section 3-2.3(c) of the Illinois

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1 State Auditing Act.

2 (5) With respect to bonds and notes issued under

3 subparagraph (b), scheduled aggregate annual payments of

4 interest or deposits into funds and accounts established for

5 the purpose of such payment shall commence within one year

6 after the bonds and notes are issued. With respect to

7 principal and interest, scheduled aggregate annual payments of

8 principal and interest or deposits into funds and accounts

9 established for the purpose of such payment shall be not less

10 than 70% in 2009, 80% in 2010, and 90% in 2011, respectively,

11 of scheduled payments or deposits of principal and interest in

12 2012 and shall be substantially equal beginning in 2012 and

13 each year thereafter. For purposes of this subparagraph (b),

14 "substantially equal" means that debt service in any full year

15 after calendar year 2011 is not more than 115% of debt service

16 in any other full year after calendar year 2011 during the term

17 of the bonds or notes. For the purposes of this subsection (b),

18 with respect to bonds and notes that bear interest at a

19 variable rate, interest shall be assumed at a rate equal to the

20 rate for United States Treasury Securities - State and Local

21 Government Series for the same maturity, plus 75 basis points.

22 If the Authority enters into a Swap with a counterparty

23 requiring the Authority to pay a fixed interest rate on a

24 notional amount, and the Authority has made a determination

25 that such Swap was entered into for the purpose of providing

26 substitute interest payments for variable interest rate bonds

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1 or notes of a particular maturity or maturities in a principal

2 amount equal to the notional amount of the Swap, then during

3 the term of the Swap for purposes of any calculation of

4 interest payable on such bonds or notes, the interest rate on

5 the bonds or notes of such maturity or maturities shall be

6 determined as if such bonds or notes bore interest at the fixed

7 interest rate payable by the Authority under such Swap.

8 (6) No bond or note issued under this Section 12c shall

9 mature later than December 31, 2040.

10 (c) The Chicago Transit Board shall provide for the

11 issuance of bonds or notes as authorized in this Section 12c by

12 the adoption of an ordinance. The ordinance, together with the

13 bonds or notes, shall constitute a contract among the

14 Authority, the owners from time to time of the bonds or notes,

15 any bond trustee with respect to the bonds or notes, any

16 related credit enhancer and any provider of any related Swaps.

17 (d) The Authority is authorized to cause the proceeds of

18 the bonds or notes, and any interest or investment earnings on

19 the bonds or notes, and of any Swaps, to be invested until the

20 proceeds and any interest or investment earnings have been

21 deposited with the Retirement Plan or the Retiree Health Care

22 Trust.

23 (e) Bonds or notes issued pursuant to this Section 12c may

24 be general obligations of the Authority, to which shall be

25 pledged the full faith and credit of the Authority, or may be

26 obligations payable solely from particular sources of funds

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1 all as may be provided in the authorizing ordinance. The

2 authorizing ordinance for the bonds and notes, whether or not

3 general obligations of the Authority, may provide for the Debt

4 Service (as defined in paragraph (i) of this Section 12c) to

5 have a claim for payment from particular sources of funds,

6 including, without limitation, amounts to be paid to the

7 Authority or a bond trustee. The authorizing ordinance may

8 provide for the means by which the bonds or notes (and any

9 related Swaps) may be secured, which may include, a pledge of

10 any revenues or funds of the Authority from whatever source

11 which may by law be utilized for paying Debt Service. In

12 addition to any other security, upon the written approval of

13 the Northern Illinois Transit ~~Regional Transportation~~

14 Authority by the affirmative vote of 12 of its then Directors,

15 the ordinance may provide a specific pledge or assignment of

16 and lien on or security interest in amounts to be paid to the

17 Authority by the Northern Illinois Transit ~~Regional~~

18 ~~Transportation~~ Authority and direct payment thereof to the

19 bond trustee for payment of Debt Service with respect to the

20 bonds or notes, subject to the provisions of existing lease

21 agreements of the Authority with any public building

22 commission. The authorizing ordinance may also provide a

23 specific pledge or assignment of and lien on or security

24 interest in and direct payment to the trustee of all or a

25 portion of the moneys otherwise payable to the Authority from

26 the City of Chicago pursuant to an intergovernmental agreement

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1 with the Authority to provide financial assistance to the

2 Authority. Any such pledge, assignment, lien or security

3 interest for the benefit of owners of bonds or notes shall be

4 valid and binding from the time the bonds or notes are issued,

5 without any physical delivery or further act, and shall be

6 valid and binding as against and prior to the claims of all

7 other parties having claims of any kind against the Authority

8 or any other person, irrespective of whether such other

9 parties have notice of such pledge, assignment, lien or

10 security interest, all as provided in the Local Government

11 Debt Reform Act, as it may be amended from time to time. The

12 bonds or notes of the Authority issued pursuant to this

13 Section 12c shall have such priority of payment and as to their

14 claim for payment from particular sources of funds, including

15 their priority with respect to obligations of the Authority

16 issued under other Sections of this Act, all as shall be

17 provided in the ordinances authorizing the issuance of the

18 bonds or notes. The ordinance authorizing the issuance of any

19 bonds or notes under this Section may provide for the creation

20 of, deposits in, and regulation and disposition of sinking

21 fund or reserve accounts relating to those bonds or notes and

22 related agreements. The ordinance authorizing the issuance of

23 any such bonds or notes authorized under this Section 12c may

24 contain provisions for the creation of a separate fund to

25 provide for the payment of principal of and interest on those

26 bonds or notes and related agreements. The ordinance may also

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1 provide limitations on the issuance of additional bonds or

2 notes of the Authority.

3 (f) Bonds or notes issued under this Section 12c shall not

4 constitute an indebtedness of the Northern Illinois Transit

5 ~~Regional Transportation~~ Authority, the State of Illinois, or

6 of any other political subdivision of or municipality within

7 the State, except the Authority.

8 (g) The ordinance of the Chicago Transit Board authorizing

9 the issuance of bonds or notes pursuant to this Section 12c may

10 provide for the appointment of a corporate trustee (which may

11 be any trust company or bank having the powers of a trust

12 company within Illinois) with respect to bonds or notes issued

13 pursuant to this Section 12c. The ordinance shall prescribe

14 the rights, duties, and powers of the trustee to be exercised

15 for the benefit of the Authority and the protection of the

16 owners of bonds or notes issued pursuant to this Section 12c.

17 The ordinance may provide for the trustee to hold in trust,

18 invest and use amounts in funds and accounts created as

19 provided by the ordinance with respect to the bonds or notes in

20 accordance with this Section 12c. The Authority may apply, as

21 it shall determine, any amounts received upon the sale of the

22 bonds or notes to pay any Debt Service on the bonds or notes.

23 The ordinance may provide for a trust indenture to set forth

24 terms of, sources of payment for and security for the bonds and

25 notes.

26 (h) The State of Illinois pledges to and agrees with the

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1 owners of the bonds or notes issued pursuant to Section 12c

2 that the State of Illinois will not limit the powers vested in

3 the Authority by this Act to pledge and assign its revenues and

4 funds as security for the payment of the bonds or notes, or

5 vested in the Northern Illinois Transit ~~Regional~~

6 ~~Transportation~~ Authority by the Northern Illinois Transit

7 ~~Regional Transportation~~ Authority Act or this Act, so as to

8 materially impair the payment obligations of the Authority

9 under the terms of any contract made by the Authority with

10 those owners or to materially impair the rights and remedies

11 of those owners until those bonds or notes, together with

12 interest and any redemption premium, and all costs and

13 expenses in connection with any action or proceedings by or on

14 behalf of such owners are fully met and discharged. The

15 Authority is authorized to include these pledges and

16 agreements of the State of Illinois in any contract with

17 owners of bonds or notes issued pursuant to this Section 12c.

18 (i) For purposes of this Section, "Debt Service" with

19 respect to bonds or notes includes, without limitation,

20 principal (at maturity or upon mandatory redemption),

21 redemption premium, interest, periodic, upfront, and

22 termination payments on Swaps, fees for bond insurance or

23 other credit enhancement, liquidity facilities, the funding of

24 bond or note reserves, bond trustee fees, and all other costs

25 of providing for the security or payment of the bonds or notes.

26 (j) The Authority shall adopt a procurement program with

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1 respect to contracts relating to the following service

2 providers in connection with the issuance of debt for the

3 benefit of the Retirement Plan for Chicago Transit Authority

4 Employees: underwriters, bond counsel, financial advisors, and

5 accountants. The program shall include goals for the payment

6 of not less than 30% of the total dollar value of the fees from

7 these contracts to minority-owned businesses and women-owned

8 businesses as defined in the Business Enterprise for

9 Minorities, Women, and Persons with Disabilities Act. The

10 Authority shall conduct outreach to minority-owned businesses

11 and women-owned businesses. Outreach shall include, but is not

12 limited to, advertisements in periodicals and newspapers,

13 mailings, and other appropriate media. The Authority shall

14 submit to the General Assembly a comprehensive report that

15 shall include, at a minimum, the details of the procurement

16 plan, outreach efforts, and the results of the efforts to

17 achieve goals for the payment of fees. The service providers

18 selected by the Authority pursuant to such program shall not

19 be subject to approval by the Northern Illinois Transit

20 ~~Regional Transportation~~ Authority, and the Northern Illinois

21 Transit ~~Regional Transportation~~ Authority's approval pursuant

22 to subsection (e) of this Section 12c related to the issuance

23 of debt shall not be based in any way on the service providers

24 selected by the Authority pursuant to this Section.

25 (k) No person holding an elective office in this State,

26 holding a seat in the General Assembly, serving as a director,

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1 trustee, officer, or employee of the Northern Illinois Transit

2 ~~Regional Transportation~~ Authority or the Chicago Transit

3 Authority, including the spouse or minor child of that person,

4 may receive a legal, banking, consulting, or other fee related

5 to the issuance of any bond issued by the Chicago Transit

6 Authority pursuant to this Section.

7 (Source: P.A. 100-391, eff. 8-25-17.)

8 (70 ILCS 3605/15) (from Ch. 111 2/3, par. 315)

9 Sec. 15. To the extent permitted by the Northern Illinois

10 Transit Authority Act, the ~~The~~ Authority shall have power to

11 apply for and accept grants and loans from the Federal

12 Government or any agency or instrumentality thereof, from the

13 State, or from any county, municipal corporation or other

14 political subdivision of the State to be used for any of the

15 purposes of the Authority, including, but not by way of

16 limitation, grants and loans in aid of mass transportation and

17 for studies in mass transportation, and may provide matching

18 funds when necessary to qualify for such grants or loans. The

19 Authority may enter into any agreement with the Federal

20 Government, the State, and any county, municipal corporation

21 or other political subdivision of the State in relation to

22 such grants or loans; provided that such agreement does not

23 conflict with any of the provisions of any trust agreement

24 securing the payment of bonds or certificates of the

25 Authority.

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1 The Authority may also accept from the state, or from any

2 county or other political subdivision, or from any municipal

3 corporation, or school district, or school authorities, grants

4 or other funds authorized by law to be paid to the Authority

5 for any of the purposes of this Act.

6 (Source: P.A. 95-708, eff. 1-18-08.)

7 (70 ILCS 3605/19) (from Ch. 111 2/3, par. 319)

8 Sec. 19.

9 (a) This Section is repealed on February 1, 2026.

10 (b) The governing and administrative body of the Authority

11 shall be a board consisting of seven members, to be known as

12 Chicago Transit Board. Members of the Board shall be residents

13 of the metropolitan area and persons of recognized business

14 ability. No member of the Board of the Authority shall hold any

15 other office or employment under the Federal, State or any

16 County or any municipal government, or any other unit of local

17 government, except an honorary office without compensation or

18 an office in the National Guard. No employee of the Authority

19 shall hold any other office or employment under the Federal,

20 State or any County or any municipal government, or any other

21 unit of local government, except an office with compensation

22 not exceeding $15,000 annually or a position in the National

23 Guard or the United States military reserves. Provided,

24 however, that the Chairman may be a member of the Board of the

25 Northern Illinois Transit ~~Regional Transportation~~ Authority.

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1 No member of the Board or employee of the Authority shall have

2 any private financial interest, profit or benefit in any

3 contract, work or business of the Authority nor in the sale or

4 lease of any property to or from the Authority. The salary of

5 each member of the initial Board shall be $15,000.00 per

6 annum, and such salary shall not be increased or diminished

7 during his or her term of office. The salaries of successor

8 members of the Board shall be fixed by the Board and shall not

9 be increased or diminished during their respective terms of

10 office. No Board member shall be allowed any fees, perquisites

11 or emoluments, reward or compensation for his or her services

12 as a member or officer of the Authority aside from his or her

13 salary or pension, but he or she shall be reimbursed for actual

14 expenses incurred by him or her in the performance of his or

15 her duties.

16 (Source: P.A. 98-709, eff. 7-16-14.)

17 (70 ILCS 3605/19.5 new)

18 Sec. 19.5. Chicago Transit Board.

19 (a) The governing body of the Chicago Transit Authority

20 shall be the Chicago Transit Board. Beginning February 1,

21 2026, the Board shall consist of 6 members appointed as

22 follows:

23 (1) One member appointed by the Governor, with the

24 advice and consent of the Senate. The member appointed

25 under this paragraph shall have an initial term of 5

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1 years. The member appointed under this paragraph shall be

2 a Director of the Northern Illinois Transit Authority.

3 (2) Three members appointed by the Mayor of Chicago,

4 with the advice and consent of the City Council of the City

5 of Chicago including:

6 (A) a member with an initial term of 3 years who

7 shall serve as a member of the Northern Illinois

8 Transit Authority;

9 (B) a member with an initial term of 5 years who

10 shall serve as a member of the Northern Illinois

11 Transit Authority; and

12 (C) a member with an initial term of 3 years.

13 (3) Two members appointed by the President of the Cook

14 County Board of Commissioners including:

15 (A) a member with an initial term of 3 years who

16 shall serve as a member of the Northern Illinois

17 Transit Authority; and

18 (B) a member with an initial term of 5 years.

19 (b) The subsequent terms of each director appointed under

20 subsection (a) shall be 5 years.

21 (c) The Chairman of the Board shall be elected by a simple

22 majority vote by the members of the Board from among the

23 members of the Board.

24 (d) The first Chairman of the Board elected after the

25 effective date of this amendatory Act of the 104th General

26 Assembly shall be elected with the advice and consent of the

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1 Senate.

2 (e) Initial appointments of members under subsection (a)

3 must be made in time for the members to begin their terms on

4 February 1, 2026.

5 (f) On February 1, 2026, the terms of all members serving

6 on the effective date of this amendatory Act of the 104th

7 General Assembly shall immediately expire. If a vacancy on the

8 Board occurs before February 1, 2026, then the vacancy shall

9 be filled under Section 21. Members serving on the effective

10 date of this amendatory Act of the 104th General Assembly may

11 be reappointed under subsection (a).

12 (70 ILCS 3605/20) (from Ch. 111 2/3, par. 320)

13 Sec. 20.

14 (a) This Section is repealed on February 1, 2026.

15 (b) Within sixty (60) days after the adoption of this Act

16 by the electors of one or more cities, villages and

17 incorporated towns within the metropolitan area having a

18 population in the aggregate of at least 100,000 according to

19 the Federal census of 1940, the Governor, by and with the

20 advice and consent of the Senate, shall appoint three members

21 of the Board for initial terms expiring September first of the

22 years 1947, 1948 and 1949, respectively, at least one of which

23 members shall be a resident of that portion of the

24 metropolitan area which is outside the corporate limits of the

25 City of Chicago, and the Mayor, with advice and consent of the

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1 City Council of the City of Chicago, shall appoint four

2 members of the Board for initial terms expiring September

3 first of the years 1946, 1950, 1951 and 1952, respectively. At

4 the expiration of the term of any member appointed by the

5 Governor his successor shall be appointed by the Governor, and

6 at the expiration of the term of any member appointed by the

7 Mayor his successor shall be appointed by the Mayor in like

8 manner, and with like regard as to the place of residence of

9 the appointee, as appointments for the initial terms. All

10 successors shall hold office for the term of seven years from

11 the first day of September of the year in which they are

12 appointed, except in case of an appointment to fill a vacancy.

13 In case of vacancy in the office of any member appointed by the

14 Governor during the recess of the Senate, the Governor shall

15 make a temporary appointment until the next meeting of the

16 Senate when he shall nominate some person to fill such office;

17 and any person so nominated, who is confirmed by the Senate,

18 shall hold his office during the remainder of the term and

19 until his successor shall be appointed and qualified. If the

20 Senate is not in session at the time this Act takes effect, the

21 Governor shall make temporary appointments as in case of

22 vacancies. Each appointment by the Governor shall be subject

23 to approval by the Mayor, and each appointment by the Mayor

24 shall be subject to approval by the Governor and, when so

25 approved, the Governor and the Mayor shall certify their

26 respective appointments and approvals to the Secretary of

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1 State. If the Governor or the Mayor does not approve or

2 disapprove the appointment by the Mayor or the Governor,

3 respectively, within 15 days after receipt thereof, the person

4 is appointed. Within thirty days after certification and

5 approval of his appointment, and before entering upon the

6 duties of his office, each member of the Board shall take and

7 subscribe the constitutional oath of office and file it in the

8 office of the Secretary of State.

9 (Source: P.A. 79-938.)

10 (70 ILCS 3605/21) (from Ch. 111 2/3, par. 321)

11 Sec. 21. Members of the Board shall hold office until

12 their respective successors have been appointed and have

13 qualified. Any member may resign from his or her office, to

14 take effect when his or her successor has been appointed and

15 has qualified. An appointing authority ~~The Governor and the~~

16 ~~Mayor, respectively,~~ may remove any member of the Board

17 appointed by him or her in case of incompetency, neglect of

18 duty, or malfeasance in office. They may give him or her a copy

19 of the charges against him or her and an opportunity to be

20 publicly heard in person or by counsel in his or her own

21 defense upon not less than 10 days' notice. The Governor may

22 remove any member in response to a summary report received

23 from the Executive Inspector General in accordance with

24 Section 20-50 of the State Officials and Employees Ethics Act,

25 provided he or she has an opportunity to be publicly heard in

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1 person or by counsel prior to removal. In case of failure to

2 qualify within the time required, or of abandonment of his or

3 her office, or in case of death, conviction of a crime or

4 removal from office, his or her office shall become vacant.

5 Each vacancy shall be filled for the unexpired term by

6 appointment in like manner, and with like regard as to the

7 place of residence of the appointee, as in case of expiration

8 of the term of a member of the Board.

9 (Source: P.A. 96-1528, eff. 7-1-11.)

10 (70 ILCS 3605/23) (from Ch. 111 2/3, par. 323)

11 Sec. 23. Regular meetings of the Board shall be held at

12 least once in each calendar month, the time and place of such

13 meetings to be fixed by the Board. Four members of the Board

14 shall constitute a quorum for the transaction of business. All

15 action of the Board shall be by ordinance or resolution and the

16 affirmative vote of at least 4 ~~four~~ members shall be necessary

17 for the adoption of any ordinance or resolution. All such

18 ordinances and resolutions before taking effect shall be

19 approved by the chairman of the Board, and if he shall approve

20 thereof he shall sign the same, and such as he shall not

21 approve he shall return to the Board with his objections

22 thereto in writing at the next regular meeting of the Board

23 occurring after the passage thereof. But in case the chairman

24 shall fail to return any ordinance or resolution with his

25 objections thereto by the time aforesaid, he shall be deemed

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1 to have approved the same and it shall take effect

2 accordingly. Upon the return of any ordinance or resolution by

3 the chairman with his objections, the vote by which the same

4 was passed shall be reconsidered by the Board, and if upon such

5 reconsideration said ordinance or resolution is passed by the

6 affirmative vote of at least 4 ~~five~~ members, it shall go into

7 effect notwithstanding the veto of the chairman. All

8 ordinances, resolutions and all proceedings of the Authority

9 and all documents and records in its possession shall be

10 public records, and open to public inspection, except such

11 documents and records as shall be kept or prepared by the Board

12 for use in negotiations, action or proceedings to which the

13 Authority is a party.

14 Open meetings of the Board shall be broadcast to the

15 public and maintained in real-time on the Board's website

16 using a high-speed Internet connection. Recordings of each

17 meeting broadcast shall be posted to the Board's website

18 within a reasonable time after the meeting and shall be

19 maintained as public records to the extent practicable, as

20 determined by the Board. Compliance with the provisions of

21 this amendatory Act of the 98th General Assembly does not

22 relieve the Board of its obligations under the Open Meetings

23 Act.

24 (Source: P.A. 98-1139, eff. 6-1-15.)

25 (70 ILCS 3605/27) (from Ch. 111 2/3, par. 327)

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1 Sec. 27. The Board may appoint an Executive Director who

2 shall be a person of recognized ability and experience in the

3 operation of transportation systems to hold office during the

4 pleasure of the Board. The Executive Director shall have

5 management of the properties and business of the Authority and

6 the employees thereof, subject to the general control of the

7 Board, shall direct the enforcement of all ordinances,

8 resolutions, rules and regulations of the Board, and shall

9 perform such other duties as may be prescribed from time to

10 time by the Board. The Board may appoint a General Counsel and

11 a Chief Engineer, and shall provide for the appointment of

12 other officers, attorneys, engineers, consultants, agents and

13 employees as may be necessary for the construction, extension,

14 operation, maintenance, and policing of its properties. It

15 shall define their duties and require bonds of such of them as

16 the Board may designate. The Executive Director, General

17 Counsel, Chief Engineer, and all other officers provided for

18 pursuant to this section shall be exempt from taking and

19 subscribing any oath of office. The compensation of the

20 Executive Director, General Counsel, Chief Engineer, and all

21 other officers, attorneys, consultants, agents and employees

22 shall be fixed by the Board.

23 ~~In the policing of its properties the Board may provide~~

24 ~~for the appointment and maintenance, from time to time, of~~

25 ~~such police force as it may find necessary and practicable to~~

26 ~~aid and supplement the police forces of any municipality in~~

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1 ~~the protection of its property and the protection of the~~

2 ~~persons and property of its passengers and employees, or~~

3 ~~otherwise in furtherance of the purposes for which such~~

4 ~~Authority was organized. The members of such police force~~

5 ~~shall have and exercise like police powers to those conferred~~

6 ~~upon the police of cities. Neither the Authority, the members~~

7 ~~of its Board nor its officers or employees shall be held liable~~

8 ~~for failure to provide a security or police force or, if a~~

9 ~~security or police force is provided, for failure to provide~~

10 ~~adequate police protection or security, failure to prevent the~~

11 ~~commission of crimes by fellow passengers or other third~~

12 ~~persons or for the failure to apprehend criminals.~~

13 (Source: P.A. 84-939; 87-597.)

14 (70 ILCS 3605/28) (from Ch. 111 2/3, par. 328)

15 Sec. 28. The Board shall classify all the offices,

16 positions and grades of regular and exempt employment

17 required, excepting that of the Chairman of the Board, the

18 Executive Director, Secretary, Treasurer, General Counsel, and

19 Chief Engineer, with reference to the duties, job title, job

20 schedule number, and the compensation fixed therefor, and

21 adopt rules governing appointments to any of such offices or

22 positions on the basis of merit and efficiency. The job title

23 shall be generally descriptive of the duties performed in that

24 job, and the job schedule number shall be used to identify a

25 job title and to further classify positions within a job

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1 title. No unlawful discrimination, as defined and prohibited

2 in the Illinois Human Rights Act, shall be made in any term or

3 aspect of employment. There shall not be discrimination based

4 upon political reasons or factors. ~~No discrimination shall be~~

5 ~~made in any appointment or promotion to any office, position,~~

6 ~~or grade of regular employment because of race, creed, color,~~

7 ~~sex, national origin, physical or mental disability unrelated~~

8 ~~to ability, or political or religious affiliations.~~ No officer

9 or employee in regular employment shall be discharged or

10 demoted except for cause which is detrimental to the service.

11 Any officer or employee in regular employment who is

12 discharged or demoted may file a complaint in writing with the

13 Board within ten days after notice of his or her discharge or

14 demotion. If an employee is a member of a labor organization

15 the complaint may be filed by such organization for and in

16 behalf of such employee. The Board shall grant a hearing on

17 such complaint within thirty (30) days after it is filed. The

18 time and place of the hearing shall be fixed by the Board and

19 due notice thereof given to the complainant, the labor

20 organization by or through which the complaint was filed and

21 the Executive Director. The hearing shall be conducted by the

22 Board, or any member thereof or any officers' committee or

23 employees' committee appointed by the Board. The complainant

24 may be represented by counsel. If the Board finds, or approves

25 a finding of the member or committee appointed by the Board,

26 that the complainant has been unjustly discharged or demoted,

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1 he or she shall be restored to his or her office or position

2 with back pay. The decision of the Board shall be final and not

3 subject to review. The Board may designate such offices,

4 positions, and grades of employment as exempt as it deems

5 necessary for the efficient operation of the business of the

6 Authority. The total number of employees occupying exempt

7 offices, positions, or grades of employment may not exceed 3%

8 of the total employment of the Authority. All exempt offices,

9 positions, and grades of employment shall be at will. No

10 unlawful discrimination, as defined and prohibited in the

11 Illinois Human Rights Act, shall be made in any term or aspect

12 of employment. There shall not be discrimination based upon

13 political reasons or factors. ~~No discrimination shall be made~~

14 ~~in any appointment or promotion to any office, position, or~~

15 ~~grade of exempt employment because of race, creed, color, sex,~~

16 ~~national origin, physical or mental disability unrelated to~~

17 ~~ability, or religious or political affiliation.~~ The Board may

18 abolish any vacant or occupied office or position.

19 Additionally, the Board may reduce the force of employees for

20 lack of work or lack of funds as determined by the Board. When

21 the number of positions or employees holding positions of

22 regular employment within a particular job title and job

23 schedule number are reduced, those employees with the least

24 company seniority in that job title and job schedule number

25 shall be first released from regular employment service. For a

26 period of one year, an employee released from service shall be

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1 eligible for reinstatement to the job title and job schedule

2 number from which he or she was released, in order of company

3 seniority, if additional force of employees is required.

4 "Company seniority" as used in this Section means the overall

5 employment service credited to an employee by the Authority

6 since the employee's most recent date of hire irrespective of

7 job titles held. If 2 or more employees have the same company

8 seniority date, time in the affected job title and job

9 schedule number shall be used to break the company seniority

10 tie. For purposes of this Section, company seniority shall be

11 considered a working condition. When employees are represented

12 by a labor organization that has a labor agreement with the

13 Authority, the wages, hours, and working conditions

14 (including, but not limited to, seniority rights) shall be

15 governed by the terms of the agreement. Exempt employment

16 shall not include any employees who are represented by a labor

17 organization that has a labor agreement with the Authority.

18 No employee, officer, or agent of the Chicago Transit

19 Board may receive a bonus that exceeds 10% of his or her annual

20 salary unless that bonus has been reviewed for a period of 14

21 days by the Northern Illinois Transit ~~Regional Transportation~~

22 Authority Board. After 14 days, the bonus shall be considered

23 reviewed. This Section does not apply to usual and customary

24 salary adjustments.

25 (Source: P.A. 98-1027, eff. 1-1-15; 99-143, eff. 7-27-15.)

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1 (70 ILCS 3605/28a) (from Ch. 111 2/3, par. 328a)

2 Sec. 28a. (a) The Board may deal with and enter into

3 written contracts with the employees of the Authority through

4 accredited representatives of such employees or

5 representatives of any labor organization authorized to act

6 for such employees, concerning wages, salaries, hours, working

7 conditions and pension or retirement provisions; provided,

8 nothing herein shall be construed to permit hours of labor in

9 excess of those provided by law or to permit working

10 conditions prohibited by law. In case of dispute over wages,

11 salaries, hours, working conditions, or pension or retirement

12 provisions the Board may arbitrate any question or questions

13 and may agree with such accredited representatives or labor

14 organization that the decision of a majority of any

15 arbitration board shall be final, provided each party shall

16 agree in advance to pay half of the expense of such

17 arbitration.

18 No contract or agreement shall be made with any labor

19 organization, association, group or individual for the

20 employment of members of such organization, association, group

21 or individual for the construction, improvement, maintenance,

22 operation or administration of any property, plant or

23 facilities under the jurisdiction of the Authority, where such

24 organization, association, group or individual denies on the

25 ground of race, creed, color, sex, religion, physical or

26 mental disability unrelated to ability, or national origin

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1 membership and equal opportunities for employment to any

2 citizen of Illinois.

3 (b)(1) The provisions of this paragraph (b) apply to

4 collective bargaining agreements (including extensions and

5 amendments of existing agreements) entered into on or after

6 January 1, 1984.

7 (2) The Board shall deal with and enter into written

8 contracts with their employees, through accredited

9 representatives of such employees authorized to act for such

10 employees concerning wages, salaries, hours, working

11 conditions, and pension or retirement provisions about which a

12 collective bargaining agreement has been entered prior to the

13 effective date of this amendatory Act of 1983. Any such

14 agreement of the Authority shall provide that the agreement

15 may be reopened if the amended budget submitted pursuant to

16 Section 2.18a of the Northern Illinois Transit ~~Regional~~

17 ~~Transportation~~ Authority Act is not approved by the Board of

18 the Northern Illinois Transit ~~Regional Transportation~~

19 Authority. The agreement may not include a provision requiring

20 the payment of wage increases based on changes in the Consumer

21 Price Index. The Board shall not have the authority to enter

22 into collective bargaining agreements with respect to inherent

23 management rights, which include such areas of discretion or

24 policy as the functions of the employer, standards of

25 services, its overall budget, the organizational structure and

26 selection of new employees and direction of personnel.

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1 Employers, however, shall be required to bargain collectively

2 with regard to policy matters directly affecting wages, hours

3 and terms and conditions of employment, as well as the impact

4 thereon upon request by employee representatives. To preserve

5 the rights of employers and exclusive representatives which

6 have established collective bargaining relationships or

7 negotiated collective bargaining agreements prior to the

8 effective date of this amendatory Act of 1983, employers shall

9 be required to bargain collectively with regard to any matter

10 concerning wages, hours or conditions of employment about

11 which they have bargained prior to the effective date of this

12 amendatory Act of 1983.

13 (3) The collective bargaining agreement may not include a

14 prohibition on the use of part-time operators on any service

15 operated by or funded by the Board, except where prohibited by

16 federal law.

17 (4) Within 30 days of the signing of any such collective

18 bargaining agreement, the Board shall determine the costs of

19 each provision of the agreement, prepare an amended budget

20 incorporating the costs of the agreement, and present the

21 amended budget to the Board of the Northern Illinois Transit

22 ~~Regional Transportation~~ Authority for its approval under

23 Section 4.11 of the Northern Illinois Transit ~~Regional~~

24 ~~Transportation~~ Act. The Board of the Northern Illinois Transit

25 ~~Regional Transportation~~ Authority may approve the amended

26 budget by an affirmative vote of 12 of its then Directors. If

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1 the budget is not approved by the Board of the Northern

2 Illinois Transit ~~Regional Transportation~~ Authority, the

3 agreement may be reopened and its terms may be renegotiated.

4 Any amended budget which may be prepared following

5 renegotiation shall be presented to the Board of the Northern

6 Illinois Transit ~~Regional Transportation~~ Authority for its

7 approval in like manner.

8 (Source: P.A. 99-143, eff. 7-27-15.)

9 (70 ILCS 3605/28d)

10 Sec. 28d. Employment contracts. Except as otherwise

11 provided in Section 28a, before the Chicago Transit Board may

12 enter into or amend any employment contract in excess of

13 $100,000, the Chicago Transit Board must submit that contract

14 or amendment to the Northern Illinois Transit ~~Regional~~

15 ~~Transportation~~ Authority Board for review for a period of 14

16 days. After 14 days, the contract shall be considered

17 reviewed. This Section applies only to contracts entered into

18 or amended on or after the effective date of this amendatory

19 Act of the 98th General Assembly.

20 (Source: P.A. 98-1027, eff. 1-1-15.)

21 (70 ILCS 3605/31) (from Ch. 111 2/3, par. 331)

22 Sec. 31. The Board shall have power to pass all ordinances

23 and make all rules and regulations proper or necessary to

24 regulate the use, operation and maintenance of its property

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1 and facilities, and to carry into effect the powers granted to

2 the Authority, with such fines or penalties~~, including~~

3 ~~ordinances, rules, and regulations concerning the suspension~~

4 ~~of riding privileges or confiscation of fare media under~~

5 ~~Section 2.40 of the Regional Transportation Authority Act, as~~

6 ~~may be deemed proper.~~ No fine or penalty shall exceed $300.00,

7 and no imprisonment shall exceed six (6) months for one

8 offense. All fines and penalties shall be imposed by

9 ordinances, which shall be published in a newspaper of general

10 circulation published in the metropolitan area. No such

11 ordinance shall take effect until ten days after its

12 publication.

13 (Source: P.A. 103-281, eff. 1-1-24.)

14 (70 ILCS 3605/33.10 new)

15 Sec. 33.10. Budget and program. The Authority, subject to

16 the powers of the Northern Illinois Transit Authority, shall,

17 by ordinance, appropriate money to perform the Authority's

18 purposes and provide for payment of debts and expenses of the

19 Authority. Each year, as part of the process set forth in

20 Section 4.11 of the Northern Illinois Transit Authority Act,

21 the Authority shall prepare and publish a comprehensive annual

22 budget and proposed 5-Year Capital Program document, and a

23 financial plan for the 2 years thereafter describing the state

24 of the Authority and presenting for the forthcoming fiscal

25 year and the 2 following years the Authority's plans for such

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1 operations and capital expenditures as it intends to undertake

2 and the means by which it intends to finance them. The proposed

3 budget, financial plan, and 5-Year Capital Program shall be

4 based on the Northern Illinois Transit Authority's estimate of

5 funds to be made available to the Board by or through the

6 Authority and shall conform in all respects to the

7 requirements established by the Northern Illinois Transit

8 Authority. The proposed budget, financial plan, and 5-Year

9 Capital Program shall contain a statement of the funds

10 estimated to be on hand at the beginning of the fiscal year,

11 the funds estimated to be received from all sources for such

12 year and the funds estimated to be on hand at the end of the

13 year. The fiscal year of the Authority shall be the same as the

14 fiscal year of the Northern Illinois Transit Authority. The

15 proposed budget, financial plan, and 5-Year Capital Program

16 shall be included in the Northern Illinois Transit Authority's

17 public hearings under Section 4.11 of the Northern Illinois

18 Transit Authority Act. The budget, financial plan, and 5-Year

19 Capital Program shall then be finalized by the Northern

20 Illinois Transit Authority as provided in Section 4.11. The

21 ordinance adopted by the Northern Illinois Transit Authority

22 as provided in Section 4.11 shall appropriate the sums of

23 money as are deemed necessary to defray all necessary expenses

24 and obligations of the Authority, specifying purposes and the

25 objects or programs for which appropriations are made and the

26 amount appropriated for each object or program. Additional

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1 appropriations, transfers between items and other changes in

2 the ordinance which do not alter the basis upon which the

3 balanced budget determination was made by the Board of the

4 Northern Illinois Transit Authority may be made from time to

5 time by the Authority.

6 (70 ILCS 3605/38) (from Ch. 111 2/3, par. 338)

7 Sec. 38. To assure modern, attractive transportation

8 service the Board may establish a depreciation policy which

9 makes provision for the continuous and prompt replacement of

10 worn out and obsolete property and the Board may make

11 provision for such depreciation of the property of the

12 Authority as is not offset by current expenditures for

13 maintenance, repairs and replacements under such rules and

14 regulations as may be prescribed by the Board. The Board from

15 time to time shall make a determination of the relationship

16 between the service condition of the properties of the

17 Authority and the then established depreciation rates and

18 reserves and from time to time may make adjustments or

19 modifications of such rates in such amounts as it may deem

20 appropriate because of experienced and estimated consumption

21 of service life of road, plant, and equipment. All deprecation

22 policies shall be in accordance with such policy set by the

23 Northern Illinois Transit Authority.

24 (Source: Laws 1945, p. 1171.)

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1 (70 ILCS 3605/42) (from Ch. 111 2/3, par. 342)

2 Sec. 42. The Board may investigate all means of

3 transportation and the management thereof, the enforcement of

4 its ordinances, rules and regulations, and the action, conduct

5 and efficiency of all officers, agents and employees of the

6 Authority. In the conduct of such investigations the Board may

7 hold public hearings on its own motion, and shall do so on

8 complaint or petition of any municipality which has adopted

9 this Act or which has granted rights to the Authority by

10 ordinance. ~~Each member of the Board shall have power to~~

11 ~~administer oaths, and the Secretary, by order of the Board,~~

12 ~~shall issue subpoenas to secure the attendance and testimony~~

13 ~~of witnesses, and the production of books and papers relevant~~

14 ~~to such investigations and to any hearing before the Board or~~

15 ~~any member thereof or any officers' committee or employees'~~

16 ~~committee appointed by the Board to hear any complaint of an~~

17 ~~officer or employee who has been discharged or demoted.~~

18 ~~Any circuit court of this State, upon application of the~~

19 ~~Board, or any member thereof, may in its discretion compel the~~

20 ~~attendance of witnesses, the production of books and papers,~~

21 ~~and giving of testimony before the Board or before any member~~

22 ~~thereof or any officers' committee or employees' committee~~

23 ~~appointed by the Board, by attachment for contempt or~~

24 ~~otherwise in the same manner as the production of evidence may~~

25 ~~be compelled before the court.~~

26 (Source: P.A. 83-334.)

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1 (70 ILCS 3605/3 rep.)

2 (70 ILCS 3605/4 rep.)

3 (70 ILCS 3605/6.1 rep.)

4 (70 ILCS 3605/8 rep.)

5 (70 ILCS 3605/8.5 rep.)

6 (70 ILCS 3605/10 rep.)

7 (70 ILCS 3605/11.1 rep.)

8 (70 ILCS 3605/12 rep.)

9 (70 ILCS 3605/13 rep.)

10 (70 ILCS 3605/16 rep.)

11 (70 ILCS 3605/17 rep.)

12 (70 ILCS 3605/22 rep.)

13 (70 ILCS 3605/27a rep.)

14 (70 ILCS 3605/30 rep.)

15 (70 ILCS 3605/32 rep.)

16 (70 ILCS 3605/34 rep.)

17 (70 ILCS 3605/44 rep.)

18 (70 ILCS 3605/46 rep.)

19 (70 ILCS 3605/47 rep.)

20 (70 ILCS 3605/51 rep.)

21 (70 ILCS 3605/52 rep.)

22 Section 5-904. The Metropolitan Transit Authority Act is

23 amended by repealing Sections 3, 4, 6.1, 8, 8.5, 10, 11.1, 12,

24 13, 16, 17, 22, 27a, 30, 32, 34, 44, 46, 47, 51, and 52.

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1 Section 5-905. The Local Mass Transit District Act is

2 amended by adding Section 5.08 as follows:

3 (70 ILCS 3610/5.08 new)

4 Sec. 5.08. Transit-supportive development and

5 trail-supportive development.

6 (a) As used in this Section, "transit-supportive

7 development" means residential, commercial, and governmental

8 facilities, and supporting infrastructure improvements that

9 are designed to facilitate access to and use of public transit

10 or public trails and that are located within either (i)

11 one-half mile of a public transportation station or (ii)

12 one-eighth mile of a bus stop on a public transportation bus

13 route. "Trail-supportive development" means residential,

14 commercial, and governmental facilities, and supporting

15 infrastructure improvements that are (i) located within

16 one-quarter mile of a public trail and (ii) designed to

17 facilitate access to and use of public transit or public

18 trails.

19 (b) The Board of Trustees of any Transit District may

20 acquire, construct, own, operate, or maintain for public

21 service transit-supportive development and trail-supportive

22 development in the metropolitan region and may exercise all

23 powers necessary or convenient to accomplish the purposes of

24 this Section.

25 (c) The Board of Trustees of any Transit District may

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1 acquire by purchase, condemnation, lease, gift, or otherwise

2 any property and rights useful for its transit-supportive

3 development purposes and may sell, lease, transfer, or convey

4 any property or rights when no longer useful or to exchange the

5 same for other property or rights that are useful for its

6 purposes.

7 (d) In addition to other powers provided in this

8 amendatory Act of the 104th General Assembly, the Board of

9 Trustees of any Transit District may enter into contracts and

10 agreements with governmental, not-for-profit, and for-profit

11 entities for the development, construction, and operation of

12 transit-supportive developments and trail-supportive

13 developments.

14 (e) The Board of Trustees of any Transit District shall

15 have the continuing power to borrow money for (i) the purpose

16 of acquiring, constructing, reconstructing, extending, or

17 improving transit-supportive developments and

18 trail-supportive developments or any part of those

19 developments and (ii) the purpose of acquiring property and

20 equipment useful for the construction, reconstruction,

21 extension, improvement, or operation of its transit-supportive

22 developments and trail-supportive developments or any part of

23 those developments.

24 (f) This Section does not exempt the Board of Trustees of

25 any Transit District from complying with land use regulations

26 applicable to the property involved in a transit-supportive

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1 development or trail-supportive development.

2 Section 5-910. The Regional Transportation Authority Act

3 is amended by changing Sections 1.01, 1.02, 1.03, 2.01, 2.01a,

4 2.01b, 2.01c, 2.03, 2.04, 2.07, 2.09, 2.10, 2.10a, 2.12b,

5 2.14, 2.16, 2.18a, 2.19, 2.24, 2.39, 2.40, 2.41, 3.01, 3.03,

6 3.04, 3A.01, 3A.02, 3A.03, 3A.05, 3A.06, 3A.07, 3A.08, 3A.09,

7 3A.12, 3B.01, 3B.02, 3B.03, 3B.05, 3B.06, 3B.09, 3B.12, 3B.26,

8 4.01, 4.03, 4.03.3, 4.04, 4.06, 4.09, 4.11, 4.15, 5.03, 5.05,

9 and 5.15 and by adding Sections 2.01f, 2.01g, 2.06.2, 2.10b,

10 2.11, 2.11.05, 2.11.10, 2.11.15, 2.11.20, 2.11.25, 2.11.30,

11 2.11.35, 2.43, 2.44, 2.45, 2.46, 3B.02.5, 3B.10.5, 4.01b,

12 4.06.05, 5.17, 5.20, 5.25, and 5.30 and the heading of Article

13 VI and Sections 6.01 and 6.02 and the heading of Article VII

14 and Sections 7.01, 7.02, 7.03, 7.04, and 7.05 as follows:

15 (70 ILCS 3615/1.01) (from Ch. 111 2/3, par. 701.01)

16 Sec. 1.01. Short Title; references to Act.

17 (a) This Act shall be known and may be cited as the

18 Northern Illinois Transit ~~"Regional Transportation~~ Authority

19 Act~~"~~.

20 (b) References to this Act. For the purposes of

21 outstanding debt obligations and for other purposes this Act

22 may continue to be referred to as the Regional Transportation

23 Authority Act.

24 (Source: P.A. 78-3rd S.S.-5.)

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1 (70 ILCS 3615/1.02) (from Ch. 111 2/3, par. 701.02)

2 Sec. 1.02. Findings and Purpose.

3 (a) The General Assembly finds;

4 (1 ~~i~~) Public transportation is, as provided in Section

5 7 of Article XIII of the Illinois Constitution, an

6 essential public purpose for which public funds may be

7 expended and that Section authorizes the State to provide

8 financial assistance to units of local government for

9 distribution to providers of public transportation. There

10 is an urgent need to reform and continue a unit of local

11 government to assure the proper management of public

12 transportation and to receive and distribute State or

13 federal operating assistance and to raise and distribute

14 revenues for local operating assistance. System generated

15 revenues are not adequate for such service and a public

16 need exists to provide for, aid and assist public

17 transportation in the northeastern area of the State,

18 consisting of Cook, DuPage, Kane, Lake, McHenry and Will

19 Counties.

20 (2 ~~ii~~) Comprehensive and coordinated regional public

21 transportation is essential to the public health, safety,

22 and welfare. It is essential to economic well-being,

23 maintenance of full employment, conservation of sources of

24 energy and land for open space and reduction of traffic

25 congestion and for providing and maintaining a healthful

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1 environment for the benefit of present and future

2 generations in the metropolitan region. Public

3 transportation improves ~~the mobility of the public and~~

4 ~~improves~~ access to jobs, commercial facilities, schools,

5 and cultural attractions. Public transportation decreases

6 air pollution and other environmental hazards resulting

7 from excessive use of automobiles and allows for more

8 efficient land use and planning.

9 (3 ~~iii~~) ~~Because system generated receipts are not~~

10 ~~presently adequate, public~~ transportation in the

11 metropolitan region is being threatened by ~~facilities and~~

12 ~~services in the northeastern area are in~~ grave financial

13 conditions ~~condition~~. With existing methods of financing,

14 coordination, structure, and management, the public

15 transportation system is ~~and relative convenience of~~

16 ~~automobiles, such public transportation facilities are~~ not

17 providing adequate public transportation to ensure ~~insure~~

18 the public health, safety, and welfare.

19 (3.5) The COVID-19 pandemic caused unprecedented

20 disruption in public transportation ridership and

21 operations form which the service providers have yet to

22 fully recover and the pandemic-related federal funding

23 support for public transportation operations has expired.

24 Although ridership levels continue to improve from the

25 lowest levels observed during the pandemic, net ridership

26 levels have not recovered to pre-pandemic levels.

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1 Furthermore, the system experiences persistent losses in

2 ridership, service quality, and financial stability for

3 many years before the pandemic. These systemic issues,

4 combined with the changes in passenger behaviors,

5 experiences, and commuting patterns since the pandemic,

6 create conditions untenable to a sustainable and thriving

7 public transportation system.

8 (4 ~~iv~~) Additional commitments to the public

9 transportation needs of persons with disabilities, the

10 economically disadvantaged, and the elderly are necessary.

11 (5 ~~v~~) To solve these problems, it is necessary to

12 provide for the creation and empowerment of the Northern

13 Illinois Transit Authority ~~a regional transportation~~

14 ~~authority~~ with the powers necessary to insure adequate

15 public transportation.

17 (b) (Blank). ~~The General Assembly further finds, in~~

18 ~~connection with this amendatory Act of 1983:~~

19 ~~(i) Substantial, recurring deficits in the operations~~

20 ~~of public transportation services subject to the~~

21 ~~jurisdiction of the Regional Transportation Authority and~~

22 ~~periodic cash shortages have occurred either of which~~

23 ~~could bring about a loss of public transportation services~~

24 ~~throughout the metropolitan region at any time;~~

25 ~~(ii) A substantial or total loss of public~~

26 ~~transportation services or any segment thereof would~~

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1 ~~create an emergency threatening the safety and well-being~~

2 ~~of the people in the northeastern area of the State; and~~

3 ~~(iii) To meet the urgent needs of the people of the~~

4 ~~metropolitan region that such an emergency be averted and~~

5 ~~to provide financially sound methods of managing the~~

6 ~~provision of public transportation services in the~~

7 ~~northeastern area of the State, it is necessary, while~~

8 ~~maintaining and continuing the existing Authority, to~~

9 ~~modify the powers and responsibilities of the Authority,~~

10 ~~to reallocate responsibility for operating decisions, to~~

11 ~~change the composition and appointment of the Board of~~

12 ~~Directors thereof, and to immediately establish a new~~

13 ~~Board of Directors.~~

14 (c) (Blank). ~~The General Assembly further finds in~~

15 ~~connection with this amendatory Act of the 95th General~~

16 ~~Assembly:~~

17 ~~(i) The economic vitality of northeastern Illinois~~

18 ~~requires regionwide and systemwide efforts to increase~~

19 ~~ridership on the transit systems, constrain road~~

20 ~~congestion within the metropolitan region, and allocate~~

21 ~~resources for transportation so as to assist in the~~

22 ~~development of an adequate, efficient, geographically~~

23 ~~equitable and coordinated regional transportation system~~

24 ~~that is in a state of good repair.~~

25 ~~(ii) To achieve the purposes of this amendatory Act of~~

26 ~~the 95th General Assembly, the powers and duties of the~~

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1 ~~Authority must be enhanced to improve overall planning and~~

2 ~~coordination, to achieve an integrated and efficient~~

3 ~~regional transit system, to advance the mobility of~~

4 ~~transit users, and to increase financial transparency of~~

5 ~~the Authority and the Service Boards.~~

6 (d) It is the purpose of this Act to provide for, aid and

7 assist public transportation in the northeastern area of the

8 State without impairing the overall quality of existing public

9 transportation by providing for the creation of a single

10 authority responsive to the people and elected officials of

11 the area and with the power and competence to develop,

12 implement, and enforce plans that promote adequate, efficient,

13 geographically equitable and coordinated public

14 transportation, provide financial review of the providers of

15 public transportation in the metropolitan region and

16 facilitate public transportation provided by Service Boards

17 which is attractive and economical to users, comprehensive,

18 coordinated among its various elements, economical, safe,

19 efficient and coordinated with area and State plans.

20 (e) It is the intent of this Act to maintain the existence

21 of the Regional Transit Authority, notwithstanding a change in

22 its name and appointment powers and authorities, and is in no

23 way intended to change, modify, or restrict the rights of

24 existing Regional Transit Authority bondholders or to change

25 or repeal the non-impairment covenant in the current Regional

26 Transportation Authority legislation

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1 (Source: P.A. 98-1027, eff. 1-1-15; 99-143, eff. 7-27-15.)

2 (70 ILCS 3615/1.03) (from Ch. 111 2/3, par. 701.03)

3 Sec. 1.03. Definitions. As used in this Act:

4 "Authority" means the Northern Illinois Transit Authority

5 (formerly the Regional Transportation Authority). ~~;~~

6 "Board" means the Board of Directors of the Northern

7 Illinois Transit Authority (formerly the Board of Directors of

8 the Regional Transportation Authority). ~~;~~

9 "Construct or acquire" means plan, design, construct,

10 reconstruct, improve, modify, extend, landscape, expand or

11 acquire. ~~;~~

12 "Metropolitan Region" means all territory included within

13 the territory of the Authority as provided in this Act, and

14 such territory as may be annexed to the Authority. ~~;~~

15 "Municipality", "County" and "Unit of Local Government"

16 have the meanings given to such terms in Section 1 of Article

17 VII of the Illinois Constitution. ~~;~~

18 "Operate" means operate, maintain, administer, repair,

19 promote and any other acts necessary or proper with regard to

20 such matters. ~~;~~

21 "Passenger miles traveled" means the cumulative sum of the

22 distances ridden by each passenger.

23 "Public Transportation" means the transportation or

24 conveyance of persons within the metropolitan region by means

25 available to the general public, including groups of the

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1 general public with special needs, except for transportation

2 by automobiles not used for conveyance of the general public

3 as passengers. ~~;~~

4 "Public Transportation Facilities" means all equipment or

5 property, real or personal, or rights therein, useful or

6 necessary for providing, maintaining or administering public

7 transportation within the metropolitan region or otherwise

8 useful for carrying out or meeting the purposes or powers of

9 the Authority, except it shall not include roads, streets,

10 highways or bridges or toll highways or toll bridges for

11 general public use. ~~; and~~

12 "Service Boards" means the Board of the Commuter Rail

13 Division of the Authority, the Board of the Suburban Bus

14 Division of the Authority, and the Board of the Chicago

15 Transit Authority established pursuant to the Chicago Transit

16 Authority Act ~~"Metropolitan Transit Authority Act", approved~~

17 ~~April 12, 1945, as now or hereafter amended~~.

18 "Service Operator" means the Commuter Rail Division, the

19 Suburban Bus Division, and the Chicago Transit Authority.

20 "Service standards" means quantitative and qualitative

21 attributes of public transit service as well as the

22 appropriate level of service to be provided across the

23 metropolitan region.

24 "Transportation Agency" means any individual, firm,

25 partnership, corporation, association, body politic, municipal

26 corporation, public authority, unit of local government or

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1 other person, other than the Authority and the Service Boards,

2 which provides public transportation, any local mass transit

3 district created pursuant to the ~~"~~Local Mass Transit District

4 Act~~", as now or hereafter amended,~~ and any urban

5 transportation district created pursuant to the ~~"~~Urban

6 Transportation District Act~~", as now or hereafter amended~~,

7 which districts are located in whole or in part within the

8 metropolitan region.

9 "Unlinked passenger trips" means the number of passengers

10 who board public transportation vehicles. Passengers are

11 counted each time they board vehicles no matter how many

12 vehicles they use to travel from their origin to destination.

13 "Vehicle revenue hours" means the hours that vehicles are

14 scheduled to or actually travel while in revenue service.

15 "Vehicle revenue hours" includes layover or recovery time.

16 "Vehicle revenue hours" does not include deadhead, operator

17 training, vehicle maintenance testing, and other non-revenue

18 uses of vehicles.

19 "Vehicle revenue miles" means the miles that vehicles are

20 scheduled to or actually travel while in revenue service.

21 "Vehicle revenue miles" includes distances traveled during

22 layover or recovery time. "Vehicle revenue miles" does not

23 include deadhead, operator training, vehicle maintenance

24 testing, and other non-revenue uses of vehicles.

25 (Source: P.A. 83-885; 83-886.)

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1 (70 ILCS 3615/2.01) (from Ch. 111 2/3, par. 702.01)

2 Sec. 2.01. General Allocation of Responsibility for Public

3 Transportation.

4 (a) In order to accomplish the purposes as set forth in

5 this Act, the responsibility for planning, operating, and

6 funding public transportation in the metropolitan region shall

7 be allocated as described in this Act. The Authority shall:

8 (i) create and adopt plans that implement the public

9 policy of the State to provide adequate, efficient,

10 geographically equitable and coordinated public

11 transportation throughout the metropolitan region;

12 (ii) set goals, objectives, and standards for the

13 Authority, the Service Boards, and transportation

14 agencies;

15 (iii) develop and use service standards and

16 performance standards to objectively and transparently

17 determine the level, nature, and kinds of public

18 transportation that should be provided throughout the

19 metropolitan region ~~performance measures to inform the~~

20 ~~public about the extent to which the provision of public~~

21 ~~transportation in the metropolitan region meets those~~

22 ~~goals, objectives, and standards~~;

23 (iv) budget and allocate operating and capital funds

24 made available to support public transportation in the

25 metropolitan region;

26 (v) provide financial oversight of the Service Boards;

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1 ~~and~~

2 (vi) coordinate the provision of public transportation

3 and the investment in public transportation facilities to

4 enhance the integration of public transportation

5 throughout the metropolitan region, all as provided in

6 this Act; ~~.~~

7 (vii) set fares and plan, procure, and operate an

8 integrated fare collection system;

9 (viii) conduct operations, service, and capital

10 planning;

11 (ix) provide design and construction oversight of

12 capital projects;

13 (x) be responsible for ensuring that public

14 transportation service in the metropolitan region complies

15 with Title VI of the Civil Rights Act of 1964; and

16 (xi) subject to applicable land use laws, develop or

17 participate in residential and commercial development on

18 and in the vicinity of public transportation stations and

19 routes as deemed necessary to facilitate

20 transit-supportive land uses, increase public

21 transportation ridership, generate revenue, and improve

22 access to jobs and other opportunities in the metropolitan

23 region by public transportation.

24 The Service Boards shall, on a continuing basis provide

25 for the metropolitan region public transportation service of

26 ~~determine~~ the level, nature, and kind determined by the

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1 Authority ~~of public transportation which should be provided~~

2 ~~for the metropolitan region~~ in order to meet the plans, goals,

3 objectives, and standards adopted by the Authority. The

4 Service Boards may provide public transportation by purchasing

5 such service from transportation agencies through purchase of

6 service agreements, by grants to such agencies or by operating

7 such service, all pursuant to this Act and the Chicago Transit

8 Authority Act ~~"Metropolitan Transit Authority Act", as now or~~

9 ~~hereafter amended~~. Certain of its actions to implement the

10 responsibilities allocated to the Authority in this subsection

11 (a) shall be taken in 3 public documents adopted by the

12 affirmative vote of at least 12 of its then Directors: A

13 Strategic Plan; a 5-Year ~~Five-Year~~ Capital Program; and an

14 Annual Budget and 2-Year ~~Two-Year~~ Financial Plan.

15 The Authority has ultimate responsibility for providing

16 the metropolitan region with a high-quality public

17 transportation system and, subject to the requirements of this

18 Act and applicable law and agreements, shall have the final

19 responsibility for allocating duties among the Service Boards

20 and between the Service Boards and the Authority itself.

21 Nothing in this Act shall prevent the Authority from

22 delegating to the Service Boards powers and duties in addition

23 to those expressly assigned to the Service Boards under this

24 Act.

25 (b) The Authority shall subject the operating and capital

26 plans and expenditures of the Service Boards ~~in the~~

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1 ~~metropolitan region with regard to public transportation~~ to

2 continuing review so that the Authority may budget and expend

3 its funds with maximum effectiveness and efficiency. The

4 Authority shall conduct audits of each of the Service Boards

5 no less than every 5 years. Such audits shall ~~may~~ include

6 management, performance, financial, and infrastructure

7 condition audits. The Authority may conduct management,

8 performance, financial, and infrastructure condition audits of

9 transportation agencies that receive funds from the Authority.

10 The Authority may direct a Service Board to conduct any such

11 audit of a Transportation Agency ~~transportation agency~~ that

12 receives funds from such Service Board, and the Service Board

13 shall comply with such request to the extent it has the right

14 to do so. These audits of the Service Boards or transportation

15 agencies may be project or service specific audits to evaluate

16 their achievement of the goals and objectives of that project

17 or service and their compliance with any applicable

18 requirements.

19 (Source: P.A. 98-1027, eff. 1-1-15.)

20 (70 ILCS 3615/2.01a)

21 Sec. 2.01a. Strategic Plan.

22 (a) By the affirmative vote of at least 12 of its then

23 Directors, the Authority shall adopt a Strategic Plan, no less

24 than every 5 years, after consultation with the Service Boards

25 and after holding a minimum of 3 public hearings in Cook

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1 County, at least one of which shall be held in the City of

2 Chicago, and one public hearing in each of the other counties

3 in the region. The Executive Director of the Authority shall

4 review the Strategic Plan on an ongoing basis and make

5 recommendations to the Board of the Authority with respect to

6 any update or amendment of the Strategic Plan. The Strategic

7 Plan shall describe the specific actions to be taken by the

8 Authority and the Service Boards to provide adequate,

9 efficient, and coordinated public transportation.

10 (b) The Strategic Plan shall identify goals and objectives

11 with respect to:

12 (i) increasing ridership and passenger miles on public

13 transportation funded by the Authority;

14 (ii) increasing per capita transit ridership and the

15 share of trips taken by transit in the region;

16 (iii) using public transportation to reduce greenhouse

17 gas and other emissions from the transportation sector;

18 (iv) ~~(ii)~~ coordination of public transportation

19 services and the investment in public transportation

20 facilities to enhance the integration of public

21 transportation throughout the metropolitan region;

22 (v) ~~(iii)~~ coordination of fare and transfer policies

23 to promote transfers by riders among Service Boards,

24 transportation agencies, and public transportation modes,

25 which may include goals and objectives for development of

26 a universal fare instrument that riders may use

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1 interchangeably on all public transportation funded by the

2 Authority, and methods to be used to allocate revenues

3 from transfers;

4 (vi) ~~(iv)~~ improvements in public transportation

5 facilities to bring those facilities into a state of good

6 repair, enhancements that attract ridership and improve

7 customer service, and expansions needed to serve areas

8 with sufficient demand for public transportation;

9 (vii) ~~(v)~~ access for transit-dependent populations,

10 including low-income communities, seniors, students, and

11 people with disabilities ~~access by low-income communities~~

12 ~~to places of employment, utilizing analyses provided by~~

13 ~~the Chicago Metropolitan Agency for Planning regarding~~

14 ~~employment and transportation availability, and giving~~

15 ~~consideration to the location of employment centers in~~

16 ~~each county and the availability of public transportation~~

17 ~~at off-peak hours and on weekends~~;

18 (viii) access by low-income communities to places of

19 employment, using analyses provided by the Chicago

20 Metropolitan Agency for Planning regarding employment and

21 transportation availability, and giving consideration to

22 the location of employment centers in each county and the

23 availability of public transportation at off-peak hours

24 and on weekends;

25 (ix) ~~(vi)~~ the financial viability of the public

26 transportation system, including both operating and

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1 capital programs;

2 ~~(vii) limiting road congestion within the metropolitan~~

3 ~~region and enhancing transit options to improve mobility;~~

4 ~~and~~

5 (x) improving roadway operations within the

6 metropolitan region to enhance transit options and to

7 improve mobility;

8 (xi) land use policies, practices, and incentives that

9 make more effective use of public transportation services

10 and facilities as community assets and encourage locating

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 (xii) policies, practices, and incentives that will

16 better integrate public transportation with other active

17 modes of transportation; and

18 (xiii) ~~(viii)~~ such other goals and objectives that

19 advance the policy of the State to provide adequate,

20 efficient, geographically equitable and coordinated public

21 transportation in the metropolitan region.

22 (c) The Strategic Plan shall establish the process and

23 criteria by which proposals for capital improvements by the

24 Authority, a Service Board, or a Transportation Agency

25 ~~transportation agency~~ will be evaluated by the Authority for

26 inclusion, as proposed or with modifications, in the 5-Year

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1 ~~Five-Year~~ Capital Program, which shall be in accordance with

2 the prioritization process set forth in Section 2.39.

3 Proposals for capital improvements may include criteria for:

4 (i) allocating funds among maintenance, enhancement,

5 and expansion improvements;

6 (ii) projects to be funded from the Innovation,

7 Coordination, and Enhancement Fund;

8 (iii) projects intended to improve or enhance

9 ridership or customer service;

10 (iv) design and location of station or transit

11 improvements intended to promote transfers, increase

12 ridership, and support transit-oriented land development;

13 (v) assessing the impact of projects on the ability to

14 operate and maintain the existing transit system; and

15 (vi) other criteria that advance the goals and

16 objectives of the Strategic Plan.

17 (d) The Strategic Plan shall establish performance

18 standards and measurements regarding the adequacy, efficiency,

19 geographic equity and coordination of public transportation

20 services in the region and the implementation of the goals and

21 objectives in the Strategic Plan. At a minimum, such standards

22 and measures shall include customer-related performance data

23 measured by line, route, or sub-region, as determined by the

24 Authority, on the following:

25 (i) travel times and on-time performance;

26 (ii) ridership data;

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1 (iii) equipment failure rates;

2 (iv) employee and customer safety; ~~and~~

3 (v) crowding;

4 (vi) cleanliness of vehicles and stations;

5 (vii) service productivity; and

6 (viii) ~~(v)~~ customer satisfaction.

7 ~~The Service Boards and transportation agencies that~~

8 ~~receive funding from the Authority or Service Boards shall~~

9 ~~prepare, publish, and submit to the Authority such reports~~

10 ~~with regard to these standards and measurements in the~~

11 ~~frequency and form required by the Authority; however, the~~

12 ~~frequency of such reporting shall be no less than annual. The~~

13 ~~Service Boards shall publish such reports on their respective~~

14 ~~websites. The Authority shall compile and publish such reports~~

15 ~~on its website. Such performance standards and measures shall~~

16 ~~not be used as the basis for disciplinary action against any~~

17 ~~employee of the Authority or Service Boards, except to the~~

18 ~~extent the employment and disciplinary practices of the~~

19 ~~Authority or Service Board provide for such action.~~

20 (e) The Strategic Plan shall identify innovations to

21 improve the delivery of public transportation and the

22 construction of public transportation facilities.

23 (f) The Strategic Plan shall describe the expected

24 financial condition of public transportation in the

25 metropolitan region prospectively over a 10-year period, which

26 may include information about the cash position and all known

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1 obligations of the Authority and the Service Boards including

2 operating expenditures, debt service, contributions for

3 payment of pension and other post-employment benefits, the

4 expected revenues from fares, tax receipts, grants from the

5 federal, State, and local governments for operating and

6 capital purposes and issuance of debt, the availability of

7 working capital, and the resources needed to achieve the goals

8 and objectives described in the Strategic Plan.

9 (g) In developing the Strategic Plan, the Authority shall

10 rely on such demographic and other data, forecasts, and

11 assumptions developed by the Chicago Metropolitan Agency for

12 Planning with respect to the patterns of population density

13 and growth, projected commercial and residential development,

14 and environmental factors, within the metropolitan region and

15 in areas outside the metropolitan region that may impact

16 public transportation utilization in the metropolitan region.

17 The Authority shall also consult with the Illinois Department

18 of Transportation's Office of Planning and Programming when

19 developing the Strategic Plan. Before adopting or amending any

20 Strategic Plan, the Authority shall consult with the Chicago

21 Metropolitan Agency for Planning regarding the consistency of

22 the Strategic Plan with the Regional Comprehensive Plan

23 adopted pursuant to the Regional Planning Act.

24 (h) The Authority may adopt, by the affirmative vote of at

25 least 12 of its then Directors, sub-regional or corridor plans

26 for specific geographic areas of the metropolitan region in

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1 order to improve the adequacy, efficiency, geographic equity

2 and coordination of existing, or the delivery of new, public

3 transportation. Such plans may also address areas outside the

4 metropolitan region that may impact public transportation

5 utilization in the metropolitan region. In preparing a

6 sub-regional or corridor plan, the Authority may identify

7 changes in operating practices or capital investment in the

8 sub-region or corridor that could increase ridership, reduce

9 costs, improve coordination, or enhance transit-oriented

10 development. The Authority shall consult with any affected

11 Service Boards in the preparation of any sub-regional or

12 corridor plans.

13 (i) (Blank). ~~If the Authority determines, by the~~

14 ~~affirmative vote of at least 12 of its then Directors, that,~~

15 ~~with respect to any proposed new public transportation service~~

16 ~~or facility, (i) multiple Service Boards or transportation~~

17 ~~agencies are potential service providers and (ii) the public~~

18 ~~transportation facilities to be constructed or purchased to~~

19 ~~provide that service have an expected construction cost of~~

20 ~~more than $25,000,000, the Authority shall have sole~~

21 ~~responsibility for conducting any alternatives analysis and~~

22 ~~preliminary environmental assessment required by federal or~~

23 ~~State law. Nothing in this subparagraph (i) shall prohibit a~~

24 ~~Service Board from undertaking alternatives analysis and~~

25 ~~preliminary environmental assessment for any public~~

26 ~~transportation service or facility identified in items (i) and~~

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1 ~~(ii) above that is included in the Five-Year Capital Program~~

2 ~~as of the effective date of this amendatory Act of the 95th~~

3 ~~General Assembly; however, any expenditure related to any such~~

4 ~~public transportation service or facility must be included in~~

5 ~~a Five-Year Capital Program under the requirements of Sections~~

6 ~~2.01b and 4.02 of this Act.~~

7 (Source: P.A. 98-1027, eff. 1-1-15.)

8 (70 ILCS 3615/2.01b)

9 Sec. 2.01b. The 5-Year ~~Five-Year~~ Capital Program. By the

10 affirmative vote of at least 12 of its then Directors, the

11 Authority, after consultation with the Service Boards and

12 after holding a minimum of 3 public hearings in Cook County, at

13 least one one of which shall be held in the City of Chicago,

14 and one public hearing in each of the other counties in the

15 metropolitan region, shall each year adopt a 5-Year ~~Five-Year~~

16 Capital Program that shall include each capital improvement to

17 be undertaken by the Authority or, on behalf of the Authority,

18 by a Service Board or Transportation Agency ~~or on behalf of a~~

19 ~~Service Board provided that the Authority finds that the~~

20 ~~improvement meets any criteria for capital improvements~~

21 ~~contained in the Strategic Plan, is not inconsistent with any~~

22 ~~sub-regional or corridor plan adopted by the Authority, and~~

23 ~~can be funded within amounts available with respect to the~~

24 ~~capital and operating costs of such improvement~~. Prior to the

25 submission of capital projects by the Service Boards, each

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1 Service Board shall hold at least one meeting for

2 consideration of the capital projects being submitted to the

3 Authority with representatives of labor organizations that

4 have collective bargaining agreements with the respective

5 Service Board. The Program shall be based on any criteria for

6 capital improvements contained in the Strategic Plan, the

7 capital project prioritization process, the service standards,

8 the transit asset management plans required by 49 CFR 625.25,

9 and other criteria determined by the Authority so long as the

10 improvements are not inconsistent with any subregional or

11 corridor plan adopted by the Authority and can be funded

12 within amounts available with respect to the capital and

13 operating costs of the improvement.

14 In reviewing proposals by the Authority, the Service

15 Boards, or a Transportation Agency for improvements to be

16 included in a 5-Year ~~Five-Year~~ Capital Program, the Authority

17 may give priority to improvements that are intended to bring

18 public transportation facilities into a state of good repair.

19 Before adopting a 5-Year Capital Program, the Authority shall

20 consult with the Chicago Metropolitan Agency for Planning

21 regarding the consistency of the 5-Year Capital Program with

22 the Regional Comprehensive Plan adopted under the Regional

23 Planning Act. The 5-Year ~~Five-Year~~ Capital Program shall also

24 identify capital improvements to be undertaken by a Service

25 Board, a Transportation Agency ~~transportation agency~~, or a

26 unit of local government and funded by the Authority from

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1 amounts in the Innovation, Coordination, and Enhancement Fund,

2 provided that no improvement that is included in the 5-Year

3 ~~Five-Year~~ Capital Program as of the effective date of this

4 amendatory Act of the 95th General Assembly may receive

5 funding from the Innovation, Coordination, and Enhancement

6 Fund. ~~Before adopting a Five-Year Capital Program, the~~

7 ~~Authority shall consult with the Chicago Metropolitan Agency~~

8 ~~for Planning regarding the consistency of the Five-Year~~

9 ~~Capital Program with the Regional Comprehensive Plan adopted~~

10 ~~pursuant to the Regional Planning Act.~~

11 For each improvement identified in the 5-year Capital

12 Program, the Authority shall identify the entity responsible

13 for implementing the project. The Authority shall retain

14 responsibility for larger or comprehensive improvements such

15 as Regionally Significant Projects, as designated by the

16 Chicago Metropolitan Agency for Planning; new service

17 infrastructure such as a new rail line or a new BRT corridor;

18 large-scale rebuild of existing service infrastructure; new

19 service vehicle or rolling stock purchases; or improvements

20 that will be used by multiple Service Boards. The Authority

21 shall assign to the appropriate Service Board responsibility

22 for projects such as general service infrastructure renewal;

23 improvements to non-service facilities; overhauls of railcars

24 and vehicles; routine maintenance; and projects that will be

25 completed entirely by Service Board employees.

26 (Source: P.A. 95-708, eff. 1-18-08.)

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1 (70 ILCS 3615/2.01c)

2 Sec. 2.01c. Innovation, Coordination, and Enhancement

3 Fund.

4 (a) The Authority shall establish an Innovation,

5 Coordination, and Enhancement Fund and deposit into the Fund

6 an amount equal to $10,000,000 in 2008, and, each year

7 thereafter, an amount equal to the amount deposited in the

8 previous year increased or decreased by the percentage growth

9 or decline in revenues received by the Authority from taxes

10 imposed under Section 4.03 in the previous year. Amounts on

11 deposit in such Fund and interest and other earnings on those

12 amounts may be used by the Authority, upon the affirmative

13 vote of 12 of its then Directors, and after a public

14 participation process, for operating or capital grants or

15 loans to Service Boards, transportation agencies, or units of

16 local government that advance the goals and objectives

17 identified by the Authority in its Strategic Plan, provided

18 that no improvement that has been included in a 5-Year

19 ~~Five-Year~~ Capital Program as of the effective date of this

20 amendatory Act of the 95th General Assembly may receive any

21 funding from the Innovation, Coordination, and Enhancement

22 Fund. Unless the Board has determined by a vote of 12 of its

23 then Directors that an emergency exists requiring the use of

24 some or all of the funds then in the Innovation, Coordination,

25 and Enhancement Fund, such funds may only be used to enhance

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1 the coordination and integration of public transportation and

2 develop and implement innovations to improve the quality and

3 delivery of public transportation.

4 (b) Any grantee that receives funds from the Innovation,

5 Coordination, and Enhancement Fund for the operation of

6 eligible programs must (i) implement such programs within one

7 year of receipt of such funds and (ii) within 2 years following

8 commencement of any program utilizing such funds, determine

9 whether it is desirable to continue the program, and upon such

10 a determination, either incorporate such program into its

11 annual operating budget and capital program or discontinue

12 such program. No additional funds from the Innovation,

13 Coordination, and Enhancement Fund may be distributed to a

14 grantee for any individual program beyond 2 years unless the

15 Authority by the affirmative vote of at least 12 of its then

16 Directors waives this limitation. Any such waiver will be with

17 regard to an individual program and with regard to a one

18 year-period, and any further waivers for such individual

19 program require a subsequent vote of the Board.

20 (Source: P.A. 97-399, eff. 8-16-11.)

21 (70 ILCS 3615/2.01f new)

22 Sec. 2.01f. Service planning.

23 (a) Beginning 2026, the Authority shall develop a

24 regionally coordinated service plan that describes all transit

25 service to be provided in the coming year or years. The

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1 Authority may plan service for periods of not less than 1 year

2 and not more than 3 years.

3 (b) To assist in the development of service plans, the

4 Authority may issue a request for proposed service plans to

5 all Service Boards. Requests for proposed service plans must

6 indicate the first and last years for which service will be

7 planned and must not cover more than 3 years. Requests for

8 proposed service plans may not be issued to less than all

9 Service Boards.

10 (c) For years in which the Authority is engaged in service

11 planning, it shall commence the process by issuing a request

12 for proposed service plans to all the Service Boards by the

13 preceding December 15. The requests for proposed service plans

14 may include:

15 (i) a description of service improvements and changes

16 that the Authority desires to carry out its Strategic Plan

17 and to implement its service standards;

18 (ii) a description of the estimates of revenue for the

19 next fiscal year that the Authority has received from the

20 Director of the Governor's Office of Management and

21 Budget;

22 (iii) a directive to the Service Boards to prepare

23 service coverage and service-level scenarios assuming

24 various specified budget allocations for each Service

25 Board;

26 (iv) the opportunity for the Service Boards to propose

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1 service improvements along with estimated costs; and

2 (v) requests for information the Authority deems

3 necessary for the Authority to assess how to most

4 effectively and equitably allocate funds among the Service

5 Boards, including estimates of the resources needed to

6 provide each service-level scenario.

7 (d) By March 31 following the request for proposed service

8 plans, each Service Board shall present preliminary service

9 proposals in several public hearings conducted by the

10 Authority. A minimum of 3 public hearings shall be held in Cook

11 County, and one public hearing shall be held in each of the

12 other counties in the region.

13 (e) By April 30 following the request for proposed service

14 plans, each Service Board shall submit a proposed service plan

15 in response to the Authority's request, prepared in the format

16 requested by the Authority. Proposed service plans shall

17 outline:

18 (i) the operating funding assumptions used by the

19 Service Board to determine that the proposed service is

20 feasible, including any estimates of resources that were

21 requested by the Authority;

22 (ii) the location, frequency, days and hours of

23 service, and other details of the service that the Service

24 Board shall provide;

25 (iii) the service requirements applicable to the

26 service provided by the Service Board covering issues such

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1 as reliability, cleanliness, and safety; and

2 (iv) requirements relating to the Service Board's

3 compliance with Authority fare technology and fare

4 integration efforts, information technology systems,

5 customer communication systems and protocols, branding and

6 advertising efforts, coordination of schedules, and other

7 requirements designed to improve the integration and

8 quality of public transportation in the metropolitan

9 region.

10 (f) Before voting on any final regionwide service plan,

11 the Authority shall hold at least one public hearing on the

12 regionwide service plan.

13 (g) Before voting on any final regionwide service plan,

14 the Authority shall hold at least one meeting for

15 consideration of the regionwide service plan with the county

16 board of each of the several counties in the metropolitan

17 region in which the Service Board provides service.

18 (h) The Board shall review the proposed service plans and

19 compile the plans into a revised, regionwide service plan. The

20 Board shall only approve the revised, regionwide service plan

21 if it meets the service standards set forth in the Strategic

22 Plan as best as possible considering projected available

23 funds. If the Board fails to approve the revised, regionwide

24 service plan, the Board shall notify each Service Board of any

25 deficiencies identified in that Service Board's contributions

26 to the revised, regionwide service plan.

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1 (i) If the Board has not found that the revised,

2 regionwide service plan meets the service standards, the Board

3 shall adopt a regionwide service plan that does. In all cases,

4 the Board shall adopt a regionwide service plan by no later

5 than June 30 following the request for plans.

6 (70 ILCS 3615/2.01g new)

7 Sec. 2.01g. Performance audits.

8 (a) The Auditor General shall conduct a performance audit

9 of the Authority and Service Boards every 5 years. The

10 Authority and Service Boards shall enter into an

11 intergovernmental agreement with the Auditor General to

12 facilitate the audit.

13 (b) When conducting an audit of the Authority, the Auditor

14 General shall:

15 (1) focus on the quality and cost-effectiveness of the

16 public transportation system, including comparative

17 assessments against the performance of transit systems in

18 comparable metropolitan regions around the world;

19 (2) include recommendations for improvements informed

20 by applicable industry best practices and any legislation

21 or other steps that governmental bodies could take to

22 facilitate such improvements; and

23 (3) assess the efficacy of the public transportation

24 system in providing affordable transportation; connecting

25 residents to jobs, education, and other opportunities; and

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1 improving the environment.

2 When conducting an audit, the Auditor General shall give

3 consideration to limitations experienced by the Commuter Rail

4 Board due to shared infrastructure with freight rail.

5 (c) The Authority may suggest areas of emphasis for the

6 Auditor General to consider, and the Auditor General may, in

7 the Auditor General's discretion, structure the audit and

8 recommendations to help achieve the goal of a well-functioning

9 and efficient regional public transportation system.

10 (d) The Auditor General and the Authority shall coordinate

11 the timing of performance audits so that the findings are

12 available to the Authority at the time when it begins

13 preparing its Strategic Plan and 5-Year Capital Program.

14 (e) The Authority shall reimburse the Auditor General for

15 the costs incurred in conducting the performance audits.

16 (70 ILCS 3615/2.03) (from Ch. 111 2/3, par. 702.03)

17 Sec. 2.03. Operations. A Service Board may provide public

18 transportation by operating public transportation facilities.

19 A Service Board may enter into operating agreements with any

20 individual, corporation or other person or private or public

21 entity to operate such facilities on behalf of the Service

22 Board. Service Boards may only provide service adhering as

23 closely as possible to that described in the regionwide

24 service plan most recently adopted by the Authority, in the

25 planned scenario that is the closest to the actual revenue

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1 available for that year.

2 (Source: P.A. 83-886.)

3 (70 ILCS 3615/2.04) (from Ch. 111 2/3, par. 702.04)

4 Sec. 2.04. Fares and Nature of Service.

5 (a) The Authority shall have the sole authority to: (i)

6 set and coordinate fares and charges for public transit

7 services in the metropolitan region, including public

8 transportation provided by transit agencies pursuant to

9 purchase of service or grant agreements with the Authority,

10 and (ii) establish the nature and standards of public transit

11 to be provided in accordance with the Strategic Plan and

12 service standards. ~~Whenever a Service Board provides any~~

13 ~~public transportation by operating public transportation~~

14 ~~facilities, the Service Board shall provide for the level and~~

15 ~~nature of fares or charges to be made for such services, and~~

16 ~~the nature and standards of public transportation to be so~~

17 ~~provided that meet the goals and objectives adopted by the~~

18 ~~Authority in the Strategic Plan. Provided, however that if the~~

19 ~~Board adopts a budget and financial plan for a Service Board in~~

20 ~~accordance with the provisions in Section 4.11(b)(5), the~~

21 ~~Board may consistent with the terms of any purchase of service~~

22 ~~contract provide for the level and nature of fares to be made~~

23 ~~for such services under the jurisdiction of that Service~~

24 ~~Board, and the nature and standards of public transportation~~

25 ~~to be so provided.~~

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1 (b) Whenever a Service Board provides any public

2 transportation ~~pursuant to grants made after June 30, 1975,~~ to

3 transportation agencies for operating expenses (other than

4 with regard to experimental programs) or pursuant to any

5 purchase of service agreement, the purchase of service

6 agreement or grant contract shall provide for the level and

7 nature of fares or charges to be made for such services, and

8 the nature and standards of public transportation to be so

9 provided. A Service Board shall require all transportation

10 agencies with which it contracts, or from which it purchases

11 transportation services or to which it makes grants to provide

12 half fare transportation for their student riders if any of

13 such agencies provide for half fare transportation to their

14 student riders.

15 (c) In so providing for the fares or charges and the nature

16 and standards of public transportation, any purchase of

17 service agreements or grant contracts shall provide, among

18 other matters, for the terms or cost of transfers or

19 interconnections between different modes of transportation and

20 different public transportation agencies, schedules or routes

21 of such service, changes which may be made in such service, the

22 nature and condition of the facilities used in providing

23 service, the manner of collection and disposition of fares or

24 charges, the records and reports to be kept and made

25 concerning such service, for interchangeable tickets or other

26 coordinated or uniform methods of collection of charges, and

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1 shall further require that the Transportation Agency

2 ~~transportation agency~~ comply with any determination made by

3 the Board of the Authority under and subject to the provisions

4 of Section 2.12b of this Act. In regard to any such service,

5 the Authority and the Service Boards shall give attention to

6 and may undertake programs to promote use of public

7 transportation and to provide coordinated ticket sales and

8 passenger information. In the case of a grant to a

9 Transportation Agency ~~transportation agency~~ which remains

10 subject to Illinois Commerce Commission supervision and

11 regulation, the Service Boards shall exercise the powers set

12 forth in this Section in a manner consistent with such

13 supervision and regulation by the Illinois Commerce

14 Commission.

15 (d) The Authority shall develop and implement a regionally

16 coordinated and consolidated fare collection system. ~~By~~

17 ~~January 1, 2013, the Authority, in consultation with the~~

18 ~~Service Boards and the general public, must develop a policy~~

19 ~~regarding transfer fares on all fixed-route public~~

20 ~~transportation services provided by the Service Boards. The~~

21 ~~policy shall also set forth the fare sharing agreements~~

22 ~~between the Service Boards that apply to interagency fare~~

23 ~~passes and tickets. The policy established by the Authority~~

24 ~~shall be submitted to each of the Service Boards for its~~

25 ~~approval or comments and objection. After receiving the~~

26 ~~policy, the Service Boards have 90 days to approve or take~~

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1 ~~other action regarding the policy. If all of the Service~~

2 ~~Boards agree to the policy, then a regional agreement shall be~~

3 ~~created and signed by each of the Service Boards. The terms of~~

4 ~~the agreement may be changed upon petition by any of the~~

5 ~~Service Boards and by agreement of the other Service Boards.~~

6 (e) The Authority may delegate the responsibility for all

7 or some aspects of physical fare collection to the Service

8 Boards. ~~By January 1, 2015, the Authority must develop and~~

9 ~~implement a regional fare payment system. The regional fare~~

10 ~~payment system must use and conform with established~~

11 ~~information security industry standards and requirements of~~

12 ~~the financial industry. The system must allow consumers to use~~

13 ~~contactless credit cards, debit cards, and prepaid cards to~~

14 ~~pay for all fixed-route public transportation services.~~

15 ~~Beginning in 2012 and each year thereafter until 2015, the~~

16 ~~Authority must submit an annual report to the Governor and~~

17 ~~General Assembly describing the progress of the Authority and~~

18 ~~each of the Service Boards in implementing the regional fare~~

19 ~~payment system. The Authority must adopt rules to implement~~

20 ~~the requirements set forth in this Section.~~

21 (f) Prior to adopting any fare structure ordinance, the

22 Authority shall allow a reasonable time for public input and

23 hold public hearings under subsection (e-5) of Section 5.01.

24 (g) The Authority shall submit the proposed fare structure

25 ordinance to each Service Board for feedback.

26 (h) By no later than January 1, 2028, the Authority, in

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1 coordination with the Service Boards, shall undertake a joint

2 procurement for a next generation fare collection system,

3 which shall include, among other things, a unified mobile

4 ticket application, that shall be procured and implemented by

5 February 1, 2030, as a unified regional fare payment system.

6 All agreements for, or related to, a regional fare payment

7 system must include provisions for data sharing that allow the

8 Authority and the Service Boards access to all data generated

9 by the fare collection system.

10 (i) Whenever the Authority adopts a fare policy

11 establishing or modifying interagency passes, tickets, or

12 transfers, the policy shall also set forth the fare-sharing

13 agreements between the Service Boards that apply to the

14 revenue raised from interagency fare passes, tickets, and

15 transfers. Except as specified in such an agreement, all fare

16 revenue generated and received by the Authority shall be

17 disbursed by the Authority to the Service Board responsible

18 for generating the revenue.

19 (j)(1) The Authority shall have sole authority over and be

20 responsible for administering all special fare programs,

21 including free and reduced fares for seniors and people with

22 disabilities, and other special fare programs.

23 (2) To the extent required by Section 3-33-160 of the

24 Chicago Municipal Code, the Authority and the Chicago Transit

25 Agency shall provide for free rides for active duty military

26 personnel in uniform or with appropriate identification, and

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1 disabled veterans of the United States Armed Forces.

2 (3) Any fixed-route public transportation services

3 provided by, or under grant or purchase of service contracts

4 of, a Service Board shall be provided without charge to senior

5 citizens aged 65 and older, and all persons with a disability,

6 who meet the income eligibility limitation set forth in

7 subsection (a-5) of Section 4 of the Senior Citizens and

8 Persons with Disabilities Property Tax Relief Act, under such

9 conditions as shall be prescribed by Authority. The Department

10 on Aging shall furnish all information reasonably necessary to

11 determine eligibility, including updated lists of individuals

12 who are eligible for services without charge under this

13 Section. After an initial eligibility determination is made,

14 an individual's eligibility for free services shall

15 automatically renew every 5 years after receipt by the

16 Authority of a copy of the individual's government-issued

17 identification card validating Illinois residency. Nothing in

18 this Section shall relieve the Authority from providing

19 reduced fares as may be required by federal law. Free and

20 reduced fare services. The Authority shall provide the

21 Department of Public Health with a monthly list of all riders

22 that receive free or reduced fares. The list shall include an

23 individual's name, address, and date of birth. The Department

24 of Public Health shall, within 2 weeks after receipt of the

25 list, report back to the Authority any discrepancies that

26 indicate that a rider receiving free or reduced fare services

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1 is deceased. The Authority, upon receipt of the report from

2 the Department of Public Health, shall take appropriate steps

3 to remove any deceased individual's name from the list of

4 individuals eligible under the free or reduced fare programs.

5 (4) By no later than 2 years after the effective date of

6 this amendatory Act of the 104th General Assembly, the

7 Authority shall develop:

8 (A) an income-based reduced fare program, which shall

9 include, but shall not be limited to, reduced fares for:

10 (i) survivors of domestic violence;

11 (ii) veterans;

12 (iii) returning residents as defined in Section

13 3.12; and

14 (iv) individuals experiencing homelessness; and

15 (B) a program across public transportation service

16 providers for providing free services to a rider for any

17 additional fares for the duration of a daily, weekly,

18 monthly, or 30-day pass once the rider has purchased

19 enough regular one-way fares to reach an amount that is no

20 less than the cost of an applicable pass.

21 Subject to appropriation, the Authority shall implement

22 the program beginning on XXX.

23 (k) The Authority shall provide regular annual reports to

24 the Governor and General Assembly on progress made in

25 implementing the changes made to this Act by this amendatory

26 Act of the 104th General Assembly under subsections (f) and

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1 (g) of this Section as outlined under Section 2.44.

2 (Source: P.A. 97-85, eff. 7-7-11.)

3 (70 ILCS 3615/2.06.2 new)

4 Sec. 2.06.2. Pedestrian access to transit.

5 (a) As part of its Strategic Plan, the Authority shall

6 identify and prioritize sidewalk and other improvements needed

7 to provide safe pedestrian access to transit stops.

8 (b) When any unit of local government in the metropolitan

9 region undertakes a new construction or reconstruction project

10 on a roadway under its jurisdiction that has transit service

11 stops or that intersects with a roadway that provides access

12 to a transit stop within one-quarter mile, then the project

13 scope shall include the addition of sidewalks or shared-use

14 paths to connect the transit stops to any existing sidewalks

15 or paths within 500 feet of the project. The unit of local

16 government in the metropolitan region shall also include the

17 addition of concrete sidewalk boarding areas, which shall

18 connect to the sidewalk, for any existing or new transit stops

19 within the project limits and shall add a shelter if

20 appropriate, based on rules the Authority develops for transit

21 stops.

22 (c) A unit of local government in the metropolitan region

23 may seek reimbursement from the Authority for capital costs

24 associated with the requirements of this Section, including

25 signal improvements, ADA accommodations, and other pay items

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1 appurtenant to the construction of sidewalks, shelters, and

2 concrete boarding areas. If right-of-way acquisition is

3 required to construct the improvements, then the unit of local

4 government may elect not to include these improvements in its

5 construction contract. Units of local government in the

6 metropolitan region shall comply with all applicable

7 requirements of the Department of Transportation in carrying

8 out improvements under this Section.

9 (d) The Authority shall, by ordinance, provide rules for

10 the program described in this Section, including restricting

11 reimbursement to pay items not already required by the

12 Department of Transportation, and it may elect to establish an

13 annual not-to-exceed amount for the program and require

14 cost-sharing by grantees. The Authority shall use only capital

15 funding for any program established under this Section.

16 (70 ILCS 3615/2.07) (from Ch. 111 2/3, par. 702.07)

17 Sec. 2.07. Extra-territorial Authority. To ~~In order to~~

18 provide or assist any transportation of members of the general

19 public between points in the metropolitan region and points

20 outside the metropolitan region, whether in this State, ~~or in~~

21 Wisconsin, or Indiana, the Authority may ~~at the request and~~

22 ~~for the benefit of a Service Board, by ordinance,~~ enter into

23 agreements with any unit of local government, individual,

24 corporation or other business entity, or other person or

25 public agency in or of any such state or any private entity for

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1 such service. Such agreements may provide for participation by

2 the Authority ~~a Service Board~~ in providing such service and

3 for grants by the Authority ~~a Service Board~~ in connection with

4 any such service, and may, subject to federal and State law,

5 set forth any terms relating to such service, including

6 coordinating such service with public transportation in the

7 metropolitan region. Such agreement may be for such number of

8 years or duration as the parties may agree. In regard to any

9 such agreements or grants, the Authority ~~a Service Board~~ shall

10 consider the benefit to the metropolitan region and the

11 financial contribution with regard to such service made or to

12 be made from public funds in such areas served outside the

13 metropolitan region. Nothing in this Section prevents the

14 Board of the Commuter Rail Division of the Authority from

15 entering into agreements to provide service, or the Northeast

16 Illinois Regional Commuter Railroad Corporation from providing

17 service, between points outside the metropolitan region when

18 it is deemed beneficial to the State, the Authority, the

19 Services Boards, or the Northeast Illinois Regional Commuter

20 Railroad Corporation.

21 (Source: P.A. 83-886.)

22 (70 ILCS 3615/2.09) (from Ch. 111 2/3, par. 702.09)

23 Sec. 2.09. Research and Development.

24 (a) The Authority ~~and the Service Boards~~ shall study

25 public transportation problems and developments; encourage

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1 experimentation in developing new public transportation

2 technology, financing methods, and management procedures;

3 conduct, in cooperation with other public and private

4 agencies, studies, demonstrations, ~~and demonstration~~ and

5 development projects to test and develop methods for improving

6 public transportation, for reducing its costs to users or for

7 increasing public use; and conduct, sponsor, and participate

8 in other studies and experiments, which may include fare

9 demonstration programs, and transportation technology pilot

10 programs, in conjunction with private parties and public

11 agencies, including the United States Department of

12 Transportation, the Department of Transportation, the Illinois

13 State Toll Highway Authority, and the Chicago Metropolitan

14 Agency for Planning, as are useful in ~~to~~ achieving the

15 purposes of this Act. ~~The cost for any such item authorized by~~

16 ~~this Section may be exempted by the Board in a budget ordinance~~

17 ~~from the "costs" included in determining that the Authority~~

18 ~~and its service boards meet the farebox recovery ratio or~~

19 ~~system generated revenues recovery ratio requirements of~~

20 ~~Sections 3A.10, 3B.10, 4.01(b), 4.09 and 4.11 of this Act and~~

21 ~~Section 34 of the Metropolitan Transit Authority Act during~~

22 ~~the Authority's fiscal year which begins January 1, 1986 and~~

23 ~~ends December 31, 1986, provided that the cost of any item~~

24 ~~authorized herein must be specifically approved within the~~

25 ~~budget adopted pursuant to Sections 4.01 and 4.11 of this Act~~

26 ~~for that fiscal year.~~

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1 (b) (Blank). ~~To improve public transportation service in~~

2 ~~areas of the metropolitan region with limited access to~~

3 ~~commuter rail service, the Authority and the Suburban Bus~~

4 ~~Division shall evaluate the feasibility of implementing new~~

5 ~~bus rapid transit services using the expressway and tollway~~

6 ~~systems in the metropolitan region. The Illinois Department of~~

7 ~~Transportation and the Illinois Toll Highway Authority shall~~

8 ~~work cooperatively with the Authority and the Suburban Bus~~

9 ~~Division in that evaluation and in the implementation of bus~~

10 ~~rapid transit services. The Authority and the Suburban Bus~~

11 ~~Division, in cooperation with the Illinois Department of~~

12 ~~Transportation, shall develop a bus rapid transit~~

13 ~~demonstration project on Interstate 55 located in Will,~~

14 ~~DuPage, and Cook Counties. This demonstration project shall~~

15 ~~test and refine approaches to bus rapid transit operations in~~

16 ~~the expressway or tollway shoulder or regular travel lanes and~~

17 ~~shall investigate technology options that facilitate the~~

18 ~~shared use of the transit lane and provide revenue for~~

19 ~~financing construction and operation of public transportation~~

20 ~~facilities.~~

21 (c) (Blank). ~~The Suburban Bus Division and the Authority~~

22 ~~shall cooperate in the development, funding, and operation of~~

23 ~~programs to enhance access to job markets for residents in~~

24 ~~south suburban Cook County. Beginning in 2008, the Authority~~

25 ~~shall allocate to the Suburban Bus Division an amount not less~~

26 ~~than $3,750,000, and beginning in 2009 an amount not less than~~

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1 ~~$7,500,000 annually for the costs of such programs.~~

2 (Source: P.A. 95-708, eff. 1-18-08.)

3 (70 ILCS 3615/2.10) (from Ch. 111 2/3, par. 702.10)

4 Sec. 2.10. Protection of the Environment.

5 (a) The Authority shall take all feasible and prudent

6 steps to minimize environmental disruption and pollution

7 arising from its activities and from public transportation

8 activities of Transportation Agencies acting under purchase of

9 service or grant agreements. In carrying out its purposes and

10 powers under this Act, the Authority shall seek to reduce

11 environmental disruption and pollution arising from all forms

12 of transportation of persons within the metropolitan region.

13 The Authority shall employ persons with skills and

14 responsibilities for determining how to minimize such

15 disruption and pollution.

16 (b) In recognition of the fact that the transportation

17 sector accounts for approximately one-third of the greenhouse

18 gases generated in the State and that public transportation

19 moves people with fewer emissions than other motorized modes

20 of transportation, the Authority shall work cooperatively with

21 the Department of Transportation, the Illinois State Toll

22 Highway, the Chicago Metropolitan Agency for Planning, and

23 other units of government in the region to assist them in using

24 investments in public transportation facilities and operations

25 as a tool to help them meet their greenhouse gas emission

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1 reduction goals. To the maximum extent allowed by law, the

2 Authority is eligible to receive funding and other assistance

3 from local, state, and federal sources so the Authority can

4 assist form local, state, and federal sources so the Authority

5 can assist in using improved and expanded public

6 transportation in the metropolitan region to reduce greenhouse

7 gas emissions and other pollution generated by the

8 transportation sector. ~~The Authority and the Service Boards~~

9 ~~shall take all feasible and prudent steps to minimize~~

10 ~~environmental disruption and pollution arising from its~~

11 ~~activities or from public transportation activities of~~

12 ~~transportation agencies acting pursuant to purchase of service~~

13 ~~agreements. In carrying out its purposes and powers under this~~

14 ~~Act, the Authority and the Service Boards shall seek to reduce~~

15 ~~environmental disruption and pollution arising from all forms~~

16 ~~of transportation of persons within the metropolitan region.~~

17 ~~The Service Boards shall employ persons with skills and~~

18 ~~responsibilities for determining means to minimize such~~

19 ~~disruption and pollution.~~

20 (Source: P.A. 83-886.)

21 (70 ILCS 3615/2.10a)

22 Sec. 2.10a. Zero-emission buses.

23 (a) As used in this Section:

24 "Zero-emission bus" means a bus that is:

25 (1) designed to carry more than 10 passengers and is

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1 used to carry passengers for compensation.

2 (2) a zero-emission vehicle; and

3 (3) not a taxi.

4 "Zero-emission vehicle" means a fuel cell or electric

5 vehicle that:

6 (1) is a motor vehicle;

7 (2) is made by a commercial manufacturer;

8 (3) is manufactured primarily for use on public

9 streets, roads, and highways;

10 (4) has a maximum speed capability of at least 55

11 miles per hour;

12 (5) is powered entirely by electricity or powered by

13 combining hydrogen and oxygen, which runs the motor;

14 (6) has an operating range of at least 100 miles; and

15 (7) produces only water vapor and heat as byproducts.

16 (b) The Authority ~~On or after July 1, 2026, a Service Board~~

17 may not enter into a new contract to purchase a bus that is not

18 a zero-emission bus for the purpose of a ~~the~~ Service Board's

19 transit bus fleet.

20 (c) For the purposes of determining compliance with this

21 Section, the Authority ~~a Service Board~~ shall not be deemed to

22 be in violation of this Section when failure to comply is due

23 to:

24 (1) the unavailability of zero-emission buses from a

25 manufacturer or funding to purchase zero-emission buses;

26 (2) the lack of necessary charging, fueling, or

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1 storage facilities or funding to procure charging,

2 fueling, or storage facilities; or

3 (3) the inability of a third party to enter into a

4 contractual or commercial relationship with the Authority

5 ~~a Service Board~~ that is necessary to carry out the

6 purposes of this Section.

7 (Source: P.A. 103-281, eff. 1-1-24.)

8 (70 ILCS 3615/2.10b new)

9 Sec. 2.10b. Traffic law enforcement.

10 (a) The Authority shall cooperate with local governments

11 and law enforcement agencies in the metropolitan region on the

12 enforcement of laws designed to protect the quality and safety

13 of public transportation operations, such as laws prohibiting

14 unauthorized vehicles from blocking bus stops, bus lanes, or

15 other facilities designated for use by transit vehicles and

16 transit users.

17 (b) Local governments and law enforcement agencies in the

18 metropolitan region may accept photographic, video, or other

19 records derived from cameras and other sensors on public

20 transportation vehicles and facilities as prima facie evidence

21 of a violation of laws that protect the quality and safety of

22 public transportation operations.

23 (c) The Authority may establish by rule an enforcement

24 program that covers jurisdictions in the metropolitan region

25 that lack laws that protect the quality and safety of public

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1 transportation operations or that, in the Authority's sole

2 discretion, fail to adequately enforce laws protecting the

3 quality and safety of public transit operations.

4 (d) An enforcement program established under this Section

5 shall contain the following elements:

6 (1) clear definitions of what constitutes a civil

7 violation, such as provisions specifying the number of

8 feet around bus stops where unauthorized vehicles are

9 prohibited from parking;

10 (2) publication on the Authority's website of

11 descriptions and locations of public transportation

12 facilities that are subject to the Authority's enforcement

13 program and other pertinent information about the

14 enforcement program, and clearly posted signs on or near

15 such public transportation facilities visible to drivers;

16 (3) A description of the types of evidence, such as

17 bus camera photos or video, which are sufficient to make a

18 prima facie case that a vehicle or person has violated an

19 Authority enforcement rule;

20 (4) Provision of any adequate notice of an alleged

21 violation to the registered owner of the vehicle,

22 including, but not limited to: the date, time and location

23 of any violation; the particular regulation violated; the

24 fine and any penalty that may be assessed for late

25 payment; the vehicle make and model, or a photograph of

26 the vehicle; the state registration number of the vehicle;

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1 the identification number of the person issuing the

2 notice; information as to the availability of a hearing in

3 which the violation may be contested on its merits; and,

4 service of the notice by first-class mail;

5 (5) An administrative adjudication process that gives

6 registered vehicle owners an opportunity to appear before

7 a neutral party appointed by the Authority to contest the

8 violation on its merits;

9 (6) A process through which the hearing officer may

10 consider in defense of a violation: (i) that the motor

11 vehicle or registration plates or digital registration

12 plates of the motor vehicle were stolen before the

13 violation occurred and not under the control of or in the

14 possession of the owner or lessee at the time of the

15 violation; (ii) that the motor vehicle was hijacked before

16 the violation occurred and not under the control of or in

17 the possession of the owner or lessee at the time of the

18 violation; (iii) that the driver of the vehicle entered

19 the designated bus lane in order to yield the right-of-way

20 to an emergency vehicle; (iv) that the motor vehicle was

21 under the control of or in the possession of a lessee

22 pursuant to a written lease agreement at the time of the

23 violation, so the lessee should be held liable for the

24 violation; or (v) any other evidence or issues provided by

25 Authority rulemaking;

26 (7) Use of tools, such as remote hearings and

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1 allowance of online submission of documents contesting an

2 alleged violation, to provide alleged violators an

3 adequate opportunity to contest their alleged violation;

4 (8) Civil violation fees that are no higher than the

5 highest administrative fees imposed for similar violations

6 by other public agencies in the metropolitan region; and

7 (9) Appropriate and legally required data privacy and

8 personal identifying information protections.

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;

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); and

18 (3) Enter into a revenue sharing agreement with each

19 local government in jurisdictions in which the Authority

20 is establishing and operating an enforcement program under

21 subsections (c) and (d).

22 (i) The agreement shall specify what share of fee

23 revenue resulting from violations within the

24 jurisdiction of a local government shall be disbursed

25 by the Authority to that local government.

26 (ii) The share of revenue retained by the

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1 Authority under the agreement shall be at least

2 sufficient to cover administrative and

3 equipment-related costs required to operate the

4 enforcement program within that jurisdiction.

5 (f) In its enforcement programs, if any, under subsection

6 (c) and through its cooperation with local governments and law

7 enforcement agencies on their enforcement programs, the

8 Authority shall strive for as much standardization as feasible

9 throughout the metropolitan region in enforcement programs

10 designed to improve the quality and safety of public

11 transportation operations.

12 (70 ILCS 3615/2.11) (from Ch. 111 2/3, par. 702.11)

13 Sec. 2.11. Safety.

14 (a) The Service Boards may establish, enforce and

15 facilitate achievement and maintenance of standards of safety

16 against accidents with respect to public transportation

17 provided by the Service Boards or by transportation agencies

18 pursuant to purchase of service agreements with the Service

19 Boards. However, the Illinois Commercial Transportation Law

20 and all rules adopted by the Illinois Commerce Commission

21 adopted under the Illinois Commercial Transportation Law shall

22 continue to apply to the Service Boards. ~~The provisions of~~

23 ~~general or special orders, rules or regulations issued by the~~

24 ~~Illinois Commerce Commission pursuant to Section 57 of "An Act~~

25 ~~concerning public utilities", approved June 29, 1921, as~~

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1 ~~amended, which pertain to public transportation and public~~

2 ~~transportation facilities of railroads will continue to apply~~

3 ~~until the Service Board determines that different standards~~

4 ~~are necessary to protect such health and safety.~~

5 (b) (Blank).

6 (c) The security portion of the system safety program,

7 investigation reports, surveys, schedules, lists, or data

8 compiled, collected, or prepared by or for the Authority under

9 this subsection, shall not be subject to discovery or admitted

10 into evidence in federal or State court or considered for

11 other purposes in any civil action for damages arising from

12 any matter mentioned or addressed in such reports, surveys,

13 schedules, lists, data, or information.

14 (d) Neither the Authority nor its directors, officers, or

15 employees nor any Service Board subject to this Section nor

16 its directors, officers, or employees shall be held liable in

17 any civil action for any injury to any person or property for

18 any acts or omissions or failure to act under this Section or

19 pursuant to 49 CFR Part 659 as now or hereafter amended.

20 (e) Nothing in this Section alleviates an individual's

21 duty to comply with the State Officials and Employees Ethics

22 Act.

23 (Source: P.A. 102-559, eff. 8-20-21.)

24 (70 ILCS 3615/2.11.05 new)

25 Sec. 2.11.05. NITA Law Enforcement Task Force.

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1 (a) The Cook County Sheriff shall establish a

2 multijurisdictional NITA Law Enforcement Task Force led by the

3 Cook County Sheriff's Office in cooperation with the Chicago

4 Police Department, the METRA Police, the Illinois State

5 Police, the Sheriff's Offices of other counties in the

6 metropolitan region, and other municipal police departments in

7 the metropolitan region. Law enforcement agencies within the

8 metropolitan region not explicitly named in this subsection

9 may participate on the Task Force upon request of the Cook

10 County Sheriff.

11 (b) The Task Force shall be created under an

12 intergovernmental agreement and be dedicated to combating

13 violent and other types of crime with the primary mission of

14 preservation of life and reducing the occurrence and the fear

15 of crime on the public transit system of the Northern Illinois

16 Transit Authority. The objectives of the Task Force shall

17 include, but shall not be limited to, reducing and preventing

18 violent crimes and other illegal activities. The Task Force

19 shall also assist and coordinate with the Chief Transit Safety

20 Officer in the Chief Transit Safety Officer's efforts to

21 enforce the Authority's and Service Boards' codes of conduct

22 and to solve quality of life issues for transit riders and

23 staff.

24 (c) The Task Force may develop and acquire information,

25 training, tools, and resources necessary to implement a

26 data-driven approach to policing, with an emphasis on:

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1 (1) preventing violent crime in known hotspots,

2 property crime, and code of conduct violations that are

3 crimes; and

4 (2) identifying and arresting persons accused of

5 violent crime.

6 (d) The Task Force may use information sharing,

7 partnerships, crime analysis, and evidence-based practices to

8 assist in the reduction of violent crime, property crime, and

9 other code of conduct violations.

10 (e) The Task Force shall recognize and use best practices

11 of community-oriented policing and procedural justice. The

12 Task Force may develop potential partnerships with faith-based

13 and community organizations to achieve its goals, including,

14 but not limited to, partnering with social service

15 organizations, to assist persons experiencing homelessness

16 obtain shelter and other services and to assist persons

17 experiencing a mental health or behavioral crisis in

18 connecting with appropriate services.

19 (f) The Task Force shall identify and use best practices

20 in deflection and diversion programs and other community-based

21 services to redirect low level offenders and persons charged

22 with nonviolent offenses.

23 (g) The Task Force shall engage in violence suppression

24 strategies including, but not limited to, details in

25 identified locations that have shown to be the most prone to

26 gun violence and violent crime, focused deterrence against

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1 violent gangs and groups considered responsible for the

2 violence in the transit system, and other intelligence driven

3 methods deemed necessary to implement the Task Force's

4 objectives.

5 (h) To implement this Section, the Cook County Sheriff may

6 establish intergovernmental agreements with law enforcement

7 agencies in accordance with the Intergovernmental Cooperation

8 Act.

9 (i) Law enforcement agencies that are party to the

10 intergovernmental agreement and that participate in activities

11 described in subsections (c) through (g) may claim funds to

12 defray increased costs incurred by participation in the Task

13 Force from any available moneys provided in support of the

14 Task Force.

15 (j) The Chicago Police Department shall use any resources

16 provided for participation in the Task Force to supplement,

17 not supplant, existing force strength currently assigned to

18 the Mass Transit Unit within the Chicago Police Department.

19 (k) The Authority shall provide technical, operational,

20 and material assistance to the Task Force as necessary. The

21 Authority's Chief Transit Safety Officer or the Chief Transit

22 Safety Officer's designee shall participate in the Task Force

23 to facilitate information sharing.

24 (l) The Task Force shall coordinate with the Chief Transit

25 Safety Officer to identify which code of conduct violations

26 and quality of life issues shall fall under the Task Force's

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1 purview, which shall fall under the transit ambassadors'

2 purview, and which shall require the Task Force and transit

3 ambassadors to respond.

4 (m) Within 6 months after the effective date of this

5 amendatory Act of the 104th General Assembly, the Task Force

6 shall prepare a report of recommendations for ongoing law

7 enforcement strategies, tactics, and best practices for the

8 Nortern Illinois Transit Authority transit system. The report

9 shall also make recommendations to be used by the Authority in

10 implementing a sworn law enforcement officer crime prevention

11 program on public transportation and a crime prevention plan

12 to protect public transportation employees and riders in the

13 metropolitan region. The Report shall be submitted to the

14 Coordinated Safety Response Council created under Section

15 2.11.20.

16 (n) The Task Force shall disband 3 years after the

17 effective date of this amendatory Act of the 104th General

18 Assembly or upon the Authority's transition to a sworn law

19 enforcement officer crime prevention program on public

20 transportation and a crime prevention plan to protect public

21 transportation employees and riders in the metropolitan

22 region, whichever event occurs first.

23 (o) Prior to disbanding, the Task Force shall cooperate

24 with the Office of Transit Safety and Experience to develop a

25 plan to transition from the Task Force to a sworn law

26 enforcement officer crime prevention program on public

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1 transportation and a crime prevention plan to protect public

2 transportation employees and riders in the metropolitan

3 region.

4 (70 ILCS 3615/2.11.10 new)

5 Sec. 2.11.10. Vote on sworn officer crime prevention

6 program.

7 (a) Within 1 year after the effective date of this

8 amendatory Act of the 104th General Assembly, the Authority

9 shall vote to implement a sworn law enforcement officer crime

10 prevention program on public transportation and a crime

11 prevention plan to protect public transportation employees and

12 riders in the metropolitan region.

13 (b) The vote on the strategy to be implemented using sworn

14 law enforcement to respond to crime on public transportation

15 in the metropolitan region and on the plan to protect public

16 transportation employees and riders shall be approved by the

17 affirmative vote of at least 12 of its then Directors. In

18 taking this vote, the Board shall consider recommendations

19 provided by the NITA Law Enforcement Task Force, findings from

20 the Coordinated Safety Council's report on the feasibility,

21 advisability, and necessity of the program, and

22 recommendations from the Safety Subcommittee.

23 (c) Within 60 days of the vote to implement a sworn law

24 enforcement officer crime prevention program on public

25 transportation and a crime prevention plan to protect public

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1 transportation employees and riders in the metropolitan

2 region, the Office of Transit Safety and Experience shall

3 develop an Operational Plan to implement the selected

4 strategy. The Operational Plan shall include the steps and

5 schedule for transitioning from the Task Force to the sworn

6 law enforcement officer crime prevention program on public

7 transportation and the crime prevention plan to protect public

8 transportation employees and riders in the metropolitan

9 region.

10 (70 ILCS 3615/2.11.15 new)

11 Sec. 2.11.15. Office of Transit Safety and Experience.

12 (a) The Authority shall establish an Office of Transit

13 Safety and Experience.

14 (b) The Office shall be responsible for:

15 (1) developing, implementing, and overseeing a

16 regionwide safety strategy, working with the Coordinated

17 Safety Response Council;

18 (2) promoting code of conduct compliance and the

19 safety of riders and workers;

20 (3) developing safety standards under subsection (a)

21 of Section 2.11.30;

22 (4) making recommendations relating to system safety

23 for inclusion in the Authority's strategic plan, Annual

24 Budget and 2-Year Financial Plan, 5-Year Capital Program,

25 and other projects and programs;

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1 (5) making any reports and plans regarding rider and

2 worker safety required under this Act;

3 (6) overseeing the enforcement and facilitation of the

4 achievement and maintenance of safety standards, the

5 implementation of safety tools and technologies, and the

6 conduction of customer satisfaction polling under Section

7 2.11;

8 (7) coordinating and liaising with law enforcement

9 agencies, the NITA Law Enforcement Unit, social service

10 agencies, and other government agencies or nongovernmental

11 agencies serving the metropolitan region on safety issues

12 and initiatives;

13 (8) strategizing and partnering with law enforcement

14 agencies as appropriate to ensure as much as possible that

15 the response to safety incidents on public transit

16 facilities occurs pursuant to the sworn law enforcement

17 officer crime prevention program on public transportation,

18 the crime prevention plan to protect public transportation

19 employees and riders in the metropolitan region, and the

20 incident response deployment strategy developed by the

21 Safety Coordination Council;

22 (9) developing and overseeing policies and programs to

23 assist riders in their use of the transit system and to

24 connect them to other beneficial government and social

25 services, including through partnerships and contracts

26 with social service agencies and nongovernmental agencies

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1 that conduct outreach and provide assistance to unhoused

2 riders;

3 (10) collecting and analyzing data on safety incidents

4 occurring on public transportation in the metropolitan

5 region; and

6 (11) developing and implementing policies and

7 procedures for riders to provide compliments and

8 complaints about their experiences on public

9 transportation in the metropolitan region.

10 (c) The Executive Director of the Authority shall, subject

11 to the Board's approval, designate a full-time Chief Transit

12 Safety Officer to lead and manage the Office of Transit Safety

13 and Experience. The Chief Executive Transit Safety Officer

14 shall have previously served in a supervisory capacity at a

15 law enforcement agency and report directly to the Executive

16 Director. The Chief Executive Transit Safety Officer shall

17 receive the same training that all members of the Coordinated

18 Safety Response Council receive under subsection (h) of

19 Section 2.11.20.

20 (d) Personnel within the Office for Transit Safety and

21 Experience may be organized or assigned into bureaus,

22 sections, or divisions as determined by the Executive Director

23 pursuant to the authority granted by this Act.

24 (e) To implement this Section, the Authority may establish

25 intergovernmental agreements with law enforcement agencies in

26 accordance with the Intergovernmental Cooperation Act.

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1 (f) To implement this Section, the Authority may enter

2 into contracts with nongovernmental agencies that provide

3 outreach and assistance to riders that are unhoused, that

4 suffer from mental health issues, or that otherwise may

5 benefit from social services.

6 (g) Law enforcement agencies that are party to

7 intergovernmental agreements and nongovernmental agencies that

8 enter into contracts with the Authority to implement the sworn

9 law enforcement officer crime prevention program on public

10 transportation, the crime prevention plan to protect public

11 transportation employees and riders in the metropolitan

12 region, the incident response deployment strategy, or a

13 combination thereof may claim funds to defray increased costs

14 incurred by participation in those programs from any available

15 moneys provided in support of the programs.

16 (h) The Chicago Police Department shall use any resources

17 provided to implement the sworn law enforcement officer crime

18 prevention program on public transportation, the crime

19 prevention plan to protect public transportation employees and

20 riders in the metropolitan region, the incident response

21 deployment strategy or combination thereof to supplement, not

22 supplant, existing force strength currently assigned to the

23 Mass Transit Unit within the Chicago Police Department.

24 (70 ILCS 3615/2.11.20 new)

25 Sec. 2.11.20. Coordinated Safety Response Council.

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1 (a) The Office of Transit Safety and Experience shall

2 create a standing Coordinated Safety Response Council to

3 facilitate collaboration and synchronization among government

4 agencies and nongovernmental agencies to address safety issues

5 and social service needs for individuals working or riding on

6 public transportations in the metropolitan region.

7 (b) The Office of Transit Safety shall invite

8 organizations to be members of the Coordinated Safety Response

9 Council. Membership may include major law enforcement agencies

10 and social service providers in the area served by the transit

11 system. Membership shall include, at minimum, staff

12 representing:

13 (1) the Authority's Chief Transit Safety Officer;

14 (2) each Service Operator;

15 (3) the Cook County State's Attorney's Office;

16 (4) the Cook County Sheriff's Office;

17 (5) the highest ranking officer of the NITA Law

18 Enforcement Task Force;

19 (6) law enforcement agencies whose jurisdiction

20 includes transit facilities operated by the Authority;

21 (7) the Chicago Police Department;

22 (8) the Chicago Department of Family and Support

23 Services;

24 (9) representatives of the labor organizations

25 representing bus and train operators for the Chicago

26 Transit Authority;

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1 (10) a representative from an organization currently

2 providing alternative behavioral health, mobile crisis

3 response;

4 (11) a representative from an organization

5 participating in implementation of the Community Emergency

6 Services and Supports Act;

7 (12) representatives from community-based

8 organizations serving youth, people with disabilities, or

9 individuals experiencing homelessness; and

10 (13) a representative from the Department of Human

11 Services.

12 (c) Within 9 months of the effective date of this

13 amendatory Act of the 104th General Assembly, the Coordinated

14 Safety Response Council shall issue a report on using sworn

15 law enforcement officers to respond to crime on public

16 transportation in the metropolitan region, which shall

17 include:

18 (1) an assessment of the feasibility, advisability,

19 and necessity of various strategies to use sworn law

20 enforcement officers to respond to crime on public

21 transportation in the metropolitan region; and

22 (2) the qualifications, composition, training,

23 requirements, strategies, roles, and accountability

24 measures, policies, and procedures necessary to implement

25 the outlined strategies.

26 (d) In evaluating the feasibility, advisability, and

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1 necessity of various strategies to use sworn law enforcement

2 to respond to crime on public transportation, the Coordinated

3 Safety Response Council shall consider:

4 (1) data, outcomes, and recommendations from the NITA

5 Law Enforcement Task Force;

6 (2) holistically, the Authority's safety systems and

7 programs, including the transit ambassador program,

8 safety, surveillance, and communication technologies,

9 infrastructure investments, and external partnerships and

10 contracts and investments;

11 (3) the costs and risks associated with the various

12 strategies; and

13 (4) a recommendation on the optimal strategy to use

14 law enforcement to respond to crime on public

15 transportation in the metropolitan region.

16 (e) The Coordinated Safety Response Council shall be

17 responsible for developing an incident response and long-term

18 safety strategy including, at minimum:

19 (1) the appropriate responses, including sworn law

20 enforcement and social services, for different kinds of

21 safety or code of conduct incidents on public

22 transportation in the region;

23 (2) the organization responsible for deploying

24 resources to provide the identified responses based on

25 incident location and circumstances;

26 (3) the agreements, contracts, or communication

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1 protocols needed for the identified organizations to

2 implement the incident response strategy; and

3 (4) the protocols necessary to address

4 multijurisdiction participation in the NITA Law

5 Enforcement Task Force and any future multijurisdictional

6 collaborations, including:

7 (A) addressing legal questions of jurisdictional

8 authority;

9 (B) creating consistent use of force standards;

10 (C) promoting consistent training across the

11 multiple law enforcement entities participating in the

12 NITA Law Enforcement Task Force; and

13 (D) clarifying the ordinance authority held by

14 Chicago Transit Authority to allow multiple

15 jurisdictions to lawfully participate in the NITA Law

16 Enforcement Task Force.

17 (f) The incident response and long-term safety strategy

18 shall consider actions and outcomes achievable given a

19 baseline annual funding level of $95,000,000 from the

20 Authority and a baseline level of spending by each local law

21 enforcement agency participating in the council that is no

22 less than that agency's spending relating to public

23 transportation in Fiscal Year 2025.

24 (g) The Coordinated Safety Response Council shall complete

25 a comprehensive review and evaluation of the incident response

26 and long-term safety strategy no less than once every 3 years.

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1 The Coordinated Safety Response Council shall update the

2 incident response and long-term safety strategy as it finds

3 necessary in its evaluation.

4 (h) Members of the Coordinated Safety Response Council

5 shall, at a minimum, receive or show proof that they have

6 previously received training that is adequate in quality,

7 quantity, scope, and type, on the following topics:

8 (1) constitutional and other relevant law on

9 police-community encounters, including the law on the use

10 of force and stops, searches, and arrests;

11 (2) police tactics, including de-escalation;

12 (3) impartial policing;

13 (4) policing individuals in crisis;

14 (5) procedural justice; and

15 (6) cultural competency, including implicit bias and

16 racial and ethnic sensitivity.

17 (i) The Authority shall implement the recommendations of

18 the Coordinated Safety Response Council in a permanent

19 long-term safety plan as soon as possible after the completion

20 of each report.

21 (70 ILCS 3615/2.11.25 new)

22 Sec. 2.11.25. Safety Subcommittee.

23 (a) The Board shall create a standing Safety Subcommittee

24 comprising at minimum one member from each appointing

25 authority.

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1 (b) The Safety Subcommittee shall:

2 (1) review the findings and recommendations of the

3 Office of Transit Safety and Experience;

4 (2) examine data on safety-related issues facing the

5 Authority, Service Operators, and transit users and

6 workers;

7 (3) review efforts by the Authority to improve safety

8 for workers and users of the public transportation system;

9 (4) make recommendations to improve system safety; and

10 (5) review the Authority's safety-related performance

11 standards and reporting for accuracy and completeness and

12 to ensure that the results are effectively conveyed to the

13 public.

14 (70 ILCS 3615/2.11.30 new)

15 Sec. 2.11.30. Safety standards and investments.

16 (a) The Authority shall establish, enforce, and facilitate

17 achievement and maintenance of standards of safety with

18 respect to public transportation provided by the Authority or

19 by transportation agencies under a purchase of service or

20 grant agreement.

21 (b) The Authority shall establish standards for the design

22 and maintenance of its facilities in ways that increase the

23 safety of and perception of safety by users of the public

24 transportation system. The standards shall address

25 environmental factors that impact safety, such as the lighting

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1 of stations and bus stops.

2 (c) The Authority shall explore and, where appropriate,

3 deploy technologies that enhance the safety of users of the

4 public transportation system.

5 (d) The Authority shall ensure that users of the public

6 transportation system, including service provided by any

7 Service Board or transportation agency, can report safety

8 issues in real time. The Authority shall develop and deploy a

9 single feature in its mobile application that shall allow

10 users of the public transportation system to report safety

11 issues in real time to the Authority. The feature must connect

12 users to law enforcement or other appropriate personnel who

13 can respond to the user's safety concerns in a timely and

14 meaningful manner. This feature shall be operational no later

15 than 180 days of the effective date of this amendatory Act of

16 the 104th General Assembly.

17 (e) The Authority may establish standards for other

18 investments to improve the safety of riders and workers as

19 deemed appropriate.

20 (f) The Authority shall conduct customer satisfaction

21 polling annually. The customer satisfaction polling shall

22 collect quantitative and qualitative data about rider

23 experience and safety, including questions that explore and

24 measure the perception of safety, cleanliness, maintenance,

25 availability, accessibility, dependability, rider

26 information, and rider care by users of the public

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1 transportation system.

2 (g) In recognition of the fact that travel by public

3 transportation is significantly safer than travel by other

4 means of surface transportation, the Authority shall work

5 cooperatively with the Department of Transportation, the

6 Illinois State Toll Highway Authority, the Chicago

7 Metropolitan Agency for Planning, and other units of

8 government to assist them in using investments in public

9 transportation facilities and operations as a tool to help the

10 Department and units of local government meet their roadway

11 crash, fatality, and serious injury reduction goals. To the

12 maximum extent allowed by law, the Authority is eligible to

13 receive funding and other assistance from local, State, and

14 federal sources so the Authority can assist in using improved

15 and expanded public transportation in the metropolitan region

16 to improve safety in the surface transportation sector.

17 (h) The security portion of the system safety program,

18 investigation reports, surveys, schedules, lists, or data

19 compiled, collected, or prepared by or for the Authority under

20 this subsection, shall be confidential and shall not be

21 subject to discovery or admitted into evidence in federal or

22 State court or considered for other purposes in any civil

23 action for damages arising from any matter mentioned or

24 addressed in the reports, surveys, schedules, lists, data, or

25 information.

26 (i) The Authority, the Authority's Directors, officers,

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1 and employees, a Service Board subject to this Section, the

2 Service Board's directors, officers, or employees may not be

3 held liable in any civil action for any injury to any person or

4 property for any acts or omissions or failure to act under this

5 Section or under 49 CFR Part 659 as now or hereafter amended.

6 (j) Nothing in this Section alleviates an individual's

7 duty to comply with the State Officials and Employees Ethics

8 Act.

9 (70 ILCS 3615/2.11.35 new)

10 Sec. 2.11.35. Bus shields.

11 (a) As used in this Section, "security barrier" means a

12 protective partition made of hard and durable materials

13 designed to shield a fixed-route bus operator from physical

14 assault or projectiles while maintaining visibility and

15 communication with passengers, that:

16 (1) extends from the bus floor to the bus ceiling;

17 (2) is capable of fully enclosing the bus operator's

18 workstation and preventing the unwanted entry of persons,

19 fluids, and objects into the bus operator's workstation;

20 and

21 (3) does not impede the bus operator's lines of sight

22 from the workstation to the exterior of the bus.

23 (b) The bus operator's workstation of any fixed-route bus

24 operated in revenue service for the Authority, the Chicago

25 Transportation Authority, and the Suburban Bus Division shall

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1 be equipped with a security barrier as conducive to the

2 physical limitations of the vehicle.

3 (c) No later than July 1, 2026, the Authority shall

4 consult with the Chicago Transportation Authority, the

5 Suburban Bus Division, and representatives from each labor

6 organization representing Chicago Transportation Authority

7 fixed-route bus operators and Suburban Bus Division

8 fixed-route bus operators regarding security barriers,

9 including design, materials, specifications, selection, and

10 installation.

11 (d) The Authority, the Chicago Transportation Authority,

12 and the Suburban Bus Division shall complete installation of

13 security barriers by January 1, 2028 for vehicles without

14 limitations provided in subsection (b).

15 (e) The procurement of new fixed-route buses operated by

16 the Chicago Transportation Authority shall consider the

17 implementation of security barriers and safety of bus

18 operators.

19 (70 ILCS 3615/2.12b)

20 Sec. 2.12b. Coordination of Fares and Service. Upon the

21 request of a Service Board, the Executive Director of the

22 Authority may, upon the affirmative vote of 11 ~~9~~ of the then

23 Directors of the Authority, intervene in any matter involving

24 (i) a dispute between Service Boards or a Service Board and a

25 Transportation Agency ~~transportation agency~~ providing service

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1 on behalf of a Service Board with respect to the terms of

2 transfer between, and the allocation of revenues from fares

3 and charges for, transportation services provided by the

4 parties or (ii) a dispute between 2 Service Boards with

5 respect to coordination of service, route duplication, or a

6 change in service. Any Service Board or Transportation Agency

7 ~~transportation agency~~ involved in such dispute shall meet with

8 the Executive Director, cooperate in good faith to attempt to

9 resolve the dispute, and provide any books, records, and other

10 information requested by the Executive Director. If the

11 Executive Director is unable to mediate a resolution of any

12 dispute, he or she may provide a written determination

13 recommending a change in the fares or charges or the

14 allocation of revenues for such service or directing a change

15 in the nature or provider of service that is the subject of the

16 dispute. The Executive Director shall base such determination

17 upon the goals and objectives of the Strategic Plan

18 established pursuant to Section 2.01a(b). Such determination

19 shall be presented to the Board of the Authority and, if

20 approved by the affirmative vote of at least 9 of the then

21 Directors of the Authority, shall be final and shall be

22 implemented by any affected Service Board and Transportation

23 Agency ~~transportation agency~~ within the time frame required by

24 the determination.

25 (Source: P.A. 95-708, eff. 1-18-08.)

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1 (70 ILCS 3615/2.14) (from Ch. 111 2/3, par. 702.14)

2 Sec. 2.14. Appointment of Officers and Employees. The

3 Authority may appoint, retain, and employ officers, attorneys,

4 agents, engineers and employees. The officers shall include an

5 Executive Director, who shall be the chief executive officer

6 of the Authority, appointed by the Chair ~~Chairman~~ with the

7 concurrence of 11 of the other then Directors of the Board. The

8 initial Executive Director appointed under this amendatory act

9 of the 104th General Assembly shall be confirmed by the

10 Illinois State Senate. The Executive Director shall organize

11 the staff of the Authority, shall allocate their functions and

12 duties, may ~~shall~~ transfer such staff to the Service Boards or

13 Transportation Agencies when deemed necessary or advisable

14 ~~Suburban Bus Division and the Commuter Rail Division as is~~

15 ~~sufficient to meet their purposes~~, shall fix compensation and

16 conditions of employment of the staff of the Authority, and

17 consistent with the policies of and direction from the Board,

18 take all actions necessary to achieve its purposes, fulfill

19 its responsibilities and carry out its powers, and shall have

20 such other powers and responsibilities as the Board shall

21 determine. The Executive Director must be an individual of

22 proven transportation and management skills and may not be a

23 member of the Board. The Authority may employ its own

24 professional management personnel to provide professional and

25 technical expertise concerning its purposes and powers and to

26 assist it in assessing the performance of the Service Boards

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1 in the metropolitan region.

2 No employee, officer, or agent of the Authority may

3 receive a bonus that exceeds 10% of his or her annual salary

4 unless that bonus has been reviewed by the Board for a period

5 of 14 days. After 14 days, the bonus ~~contract~~ shall be

6 considered reviewed. This Section does not apply to usual and

7 customary salary adjustments.

8 No unlawful discrimination, as defined and prohibited in

9 the Illinois Human Rights Act, shall be made in any term or

10 aspect of employment nor shall there be discrimination based

11 upon political reasons or factors. The Authority shall

12 establish regulations to insure that its discharges shall not

13 be arbitrary and that hiring and promotion are based on merit.

14 The Authority shall be subject to the ~~"~~Illinois Human

15 Rights Act~~", as now or hereafter amended,~~ and the remedies and

16 procedure established under that Act ~~thereunder~~. The Authority

17 shall file an affirmative action program for employment by it

18 with the Department of Human Rights to ensure that applicants

19 are employed and that employees are treated during employment,

20 without regard to unlawful discrimination. Such affirmative

21 action program shall include provisions relating to hiring,

22 upgrading, demotion, transfer, recruitment, recruitment

23 advertising, selection for training and rates of pay or other

24 forms of compensation.

25 (Source: P.A. 98-1027, eff. 1-1-15.)

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1 (70 ILCS 3615/2.16) (from Ch. 111 2/3, par. 702.16)

2 Sec. 2.16. Employee Protection.

3 (a) The Authority shall ensure ~~insure~~ that every employee

4 of the Authority or of a Service Board or Transportation

5 Agency ~~transportation agency~~ shall receive fair and equitable

6 protection against actions of the Authority which shall not be

7 less than those established pursuant to Section 13(c) of the

8 Urban Mass Transportation Act of 1964, as amended (49 U.S.C.

9 ~~Sec.~~ 5333(b) ~~1609(c)~~), and Section 405(b) of the Rail

10 Passenger Service Act of 1970, as amended (45 U.S.C. ~~Sec.~~

11 565(b)), and as prescribed by the United States Secretary of

12 Labor thereunder, at the time of the protective agreement or

13 arbitration decision providing protection.

14 (b) The Authority shall negotiate or arrange for the

15 negotiation of such fair and equitable employee arrangements

16 with the employees, through their accredited representatives

17 authorized to act for them. If agreement cannot be reached on

18 the terms of such protective arrangement, any party may submit

19 any matter in dispute to arbitration. In such arbitration,

20 each party shall have the right to select non-voting

21 arbitration board members. The impartial arbitrator will be

22 selected by the American Arbitration Association and appointed

23 from a current listing of the membership of the National

24 Academy of Arbitrators, upon request of any party. The

25 impartial arbitrator's decision shall be final and binding on

26 all parties. Each party shall pay an equal proportionate share

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1 of the impartial arbitrator's fees and expenses.

2 (c) For purposes of Sections 2.15 through 2.19, "actions

3 of the Authority" include its acquisition and operation of

4 public transportation facilities, the execution of purchase of

5 service agreements and grant contracts made under this Act and

6 the coordination, reorganization, combining, leasing, merging

7 of operations or the expansion or curtailment of public

8 transportation service or facilities by the Authority, but

9 does not include a failure or refusal to enter into a purchase

10 of service agreement or grant contract.

11 (Source: P.A. 91-357, eff. 7-29-99.)

12 (70 ILCS 3615/2.19) (from Ch. 111 2/3, par. 702.19)

13 Sec. 2.19. Labor Relations Procedures.

14 (a) Whenever the Authority proposes to operate or to enter

15 into a contract to operate any new public transportation

16 facility which may result in the displacement of employees or

17 the rearrangement of the working forces of the Authority, ~~or~~

18 ~~of~~ the Service Boards ~~Chicago Transit Authority~~ or of any

19 Transportation Agency ~~transportation agency~~, the Authority

20 shall give at least 90 days written notice of such proposed

21 operations to the representatives of the employees affected

22 and the Authority shall provide for the selection of forces to

23 perform the work of that facility on the basis of agreement

24 between the Authority and the representatives of such

25 employees. In the event of failure to agree, the dispute may be

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1 submitted by the Authority or by any representative of the

2 employees affected to final and binding arbitration by an

3 impartial arbitrator to be selected by the American

4 Arbitration Association from a current listing of arbitrators

5 of the National Academy of Arbitrators.

6 (b) In case of any labor dispute not otherwise governed by

7 this Act, by the Labor Management Relations Act, as amended,

8 the Railway Labor Act, as amended, or by impasse resolution

9 provisions in a collective bargaining or protective agreement

10 involving the Authority, the Service Boards ~~Chicago Transit~~

11 ~~Authority~~ or any Transportation Agency ~~transportation agency~~

12 financed in whole or in part by the Authority and the employees

13 of the Authority, the Service Boards, ~~or of the Chicago~~

14 ~~Transit Authority~~ or any such Transportation Agency

15 ~~transportation agency~~, which is not settled by the parties

16 thereto within 30 days from the date of commencement of

17 negotiations, either party may request the assistance of a

18 mediator appointed by either the State or Federal Mediation

19 and Conciliation Service, who shall seek to resolve the

20 dispute. In the event that the dispute is not resolved by

21 mediation within a reasonable period, the mediator shall

22 certify to the parties that an impasse exists. Upon receipt of

23 the mediator's certification, any party to the dispute may,

24 within 7 days, submit the dispute to a fact finder who shall be

25 selected by the parties pursuant to the rules of the American

26 Arbitration Association from a current listing of members of

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1 the National Academy of Arbitrators supplied by the AAA. The

2 fact finder shall have the duty to hold hearings, or otherwise

3 take evidence from the parties under such other arrangements

4 as they may agree. Upon completion of the parties'

5 submissions, the fact finder shall have the power to issue and

6 make public findings and recommendations, or to refer the

7 dispute back to the parties for such other appropriate action

8 as he may recommend. In the event that the parties do not reach

9 agreement after the issuance of the fact finder's report and

10 recommendations, or in cases where neither party requests fact

11 finding, the Authority shall offer to submit the dispute to

12 arbitration by a board composed of 3 persons, one appointed by

13 the Authority, one appointed by the labor organization

14 representing the employees, and a third member to be agreed

15 upon by the labor organization and the Authority. The member

16 agreed upon by the labor organization and the Authority shall

17 act as chairman of the board. The determination of the

18 majority of the board of arbitration thus established shall be

19 final and binding on all matters in dispute. If, after a period

20 of 10 days from the date of the appointment of the two

21 arbitrators representing the Authority and the labor

22 organization, the third arbitrator has not been selected, then

23 either arbitrator may request the American Arbitration

24 Association to furnish from a current listing of the

25 membership of the National Academy of Arbitrators the names of

26 7 such members of the National Academy from which the third

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1 arbitrator shall be selected. The arbitrators appointed by the

2 Authority and the labor organization, promptly after the

3 receipt of such list, shall determine by lot the order of

4 elimination, and thereafter each shall in that order

5 alternately eliminate one name until only one name remains.

6 The remaining person on the list shall be the third

7 arbitrator. The term "labor dispute" shall be broadly

8 construed and shall include any controversy concerning wages,

9 salaries, hours, working conditions, or benefits, including

10 health and welfare, sick leave, insurance, or pension or

11 retirement provisions, but not limited thereto, and including

12 any controversy concerning any differences or questions that

13 may arise between the parties including but not limited to the

14 making or maintaining of collective bargaining agreements, the

15 terms to be included in such agreements, and the

16 interpretation or application of such collective bargaining

17 agreements and any grievance that may arise. Each party shall

18 pay one-half of the expenses of such arbitration.

19 (Source: P.A. 83-886.)

20 (70 ILCS 3615/2.24) (from Ch. 111 2/3, par. 702.24)

21 Sec. 2.24. Drug and alcohol testing. The ~~Regional~~

22 ~~Transportation~~ Authority, and all of the Service Boards

23 subject to the Authority, including the Chicago Transportation

24 Authority, shall be responsible for the establishment,

25 maintenance, administration and enforcement of a comprehensive

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1 drug and alcohol testing program which is in absolute

2 conformity with Federal statutes and regulations currently in

3 effect.

4 (Source: P.A. 88-619, eff. 1-1-95.)

5 (70 ILCS 3615/2.39)

6 Sec. 2.39. Prioritization process for ~~Northeastern~~

7 ~~Illinois~~ transit capital projects.

8 (a) The Authority shall develop a transparent

9 prioritization process for metropolitan region transit capital

10 projects to identify projects that will most effectively

11 achieve the goals of the Strategic Plan and improve the

12 quality of public transportation services contemplated by the

13 service standards. ~~The Authority shall develop a transparent~~

14 ~~prioritization process for Northeastern Illinois transit~~

15 ~~projects receiving State capital funding. The prioritization~~

16 ~~process must consider, at a minimum: (1) access to key~~

17 ~~destinations such as jobs, retail, healthcare, and recreation,~~

18 ~~(2) reliability improvement, (3) capacity needs, (4) safety,~~

19 ~~(5) state of good repair, (6) racial equity and mobility~~

20 ~~justice, and (7) economic development. All State capital~~

21 ~~funding awards shall be made by the Regional Transportation~~

22 ~~Authority in accordance with the prioritization process. An~~

23 ~~appropriate public input process shall be established. The~~

24 ~~Authority shall make a report to the General Assembly each~~

25 ~~year describing the prioritization process and its use in~~

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1 ~~funding awards.~~

2 (b) The Authority shall use the prioritization process

3 when developing its 5-year Capital Program under Section 2.01b

4 and for its other capital planning processes. ~~A summary of the~~

5 ~~project evaluation process, measures, program, and scores or~~

6 ~~prioritization criteria for all candidate projects shall be~~

7 ~~published on the Authority's website in a timely manner.~~

8 (c) The prioritization process must consider, at a

9 minimum:

10 (1) increasing access to key destinations, such as

11 jobs, retail, healthcare, and recreation;

12 (2) reliability improvements;

13 (3) capacity needs;

14 (4) safety;

15 (5) state of good repair;

16 (6) racial equity and mobility justice;

17 (7) environmental protection;

18 (8) the service standards; and

19 (9) economic development. ~~Starting April 1, 2022, no~~

20 ~~project shall be included in the 5-year capital program,~~

21 ~~or amendments to that program, without being evaluated~~

22 ~~under the selection process described in this Section.~~

23 (d) All capital funding awards shall be made by the

24 Authority in accordance with the prioritization process. An

25 appropriate public input process shall be established. The

26 Authority shall make a report to the General Assembly each

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1 year describing the prioritization process and its use in

2 funding awards.

3 (e) A summary of the project evaluation process, measures,

4 program, and scores or prioritization criteria for all

5 candidate projects shall be published on the Authority's

6 website in a timely manner.

7 (f) No project shall be included in the 5-year Capital

8 Program, or amendments to that Program, without being

9 evaluated under the selection process described in this

10 Section.

11 (Source: P.A. 102-573, eff. 8-24-21.)

12 (70 ILCS 3615/2.40)

13 Sec. 2.40. Suspension of riding privileges and

14 confiscation of fare media.

15 (a) As used in this Section, "demographic information"

16 includes, but is not limited to, age, race, ethnicity, gender,

17 and housing status, as that term is defined under Section 10 of

18 the Bill of Rights for the Homeless Act.

19 (b) Suspension of riding privileges and confiscation of

20 fare media are limited to:

21 (1) violations where the person's conduct places

22 transit employees or transit passengers in reasonable

23 apprehension of a threat to their safety or the safety of

24 others, including assault and battery, as those terms are

25 defined under Sections 12-1 and 12-3 of the Criminal Code

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1 of 2012;

2 (2) violations where the person's conduct places

3 transit employees or transit passengers in reasonable

4 apprehension of a threat of a criminal sexual assault, as

5 that term is defined under Section 11-1.20 of the Criminal

6 Code of 2012; and

7 (3) violations involving an act of public indecency,

8 as that term is defined in Section 11-30 of the Criminal

9 Code of 2012.

10 (c) Written notice shall be provided to an individual

11 regarding the suspension of the individual's riding privileges

12 or confiscation of fare media. The notice shall be provided in

13 person at the time of the alleged violation, except that, if

14 providing notice in person at the time of the alleged

15 violation is not practicable, then the Authority shall make a

16 reasonable effort to provide notice to the individual by

17 personal service, by mailing a copy of the notice by certified

18 mail, return receipt requested, and first-class mail to the

19 person's current address, or by emailing a copy of the notice

20 to an email address on file, if available. If the person is

21 known to be detained in jail, service shall be made as provided

22 under Section 2-203.2 of the Code of Civil Procedure. The

23 written notice shall be sufficient to inform the individual

24 about the following:

25 (1) the nature of the suspension of riding privileges

26 or confiscation of fare media;

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1 (2) the person's rights and available remedies to

2 contest or appeal the suspension of riding privileges or

3 confiscation of fare media and to apply for reinstatement

4 of riding privileges; and

5 (3) the procedures for adjudicating whether a

6 suspension or confiscation is warranted and for applying

7 for reinstatement of riding privileges, including the time

8 and location of any hearing.

9 The process to determine whether a suspension or riding

10 privileges or confiscation of fare media is warranted and the

11 length of the suspension shall be concluded within 30 business

12 days after the individual receives notice of the suspension or

13 confiscation.

14 Notwithstanding any other provision of this Section, no

15 person shall be denied the ability to contest or appeal a

16 suspension of riding privileges or confiscation of fare media,

17 or to attend a hearing to determine whether a suspension or

18 confiscation was warranted, because the person was detained in

19 a jail.

20 (d) The Authority ~~Each Service Board~~ shall create an

21 administrative suspension hearing process as follows:

22 (1) The Authority ~~A Service Board~~ shall designate an

23 official to oversee the administrative process to decide

24 whether a suspension is warranted and the length of the

25 suspension.

26 (2) The accused and related parties, including legal

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1 counsel, may attend this hearing in person, by telephone,

2 or virtually.

3 (3) The Authority ~~Service Board~~ shall present the

4 suspension-related evidence and outline the evidence that

5 supports the need for the suspension.

6 (4) The accused or the accused's legal counsel can

7 present and may make an oral or written presentation and

8 offer documents, including affidavits, in response to the

9 Service Board's evidence.

10 (5) The Authority's ~~Service Board's~~ designated

11 official shall make a finding on the suspension.

12 (6) The value of unexpended credit or unexpired passes

13 shall be reimbursed upon suspension of riding privileges

14 or confiscation of fare media.

15 (7) The alleged victims of the violation and related

16 parties, including witnesses who were present, may attend

17 this hearing in person, by telephone, or virtually.

18 (8) The alleged victims of the violation and related

19 parties, including witnesses who were present, can present

20 and may make an oral or written presentation and offer

21 documents, including affidavits, in response to the

22 Service Board's evidence.

23 (e) The Authority ~~Each Service Board~~ shall create a

24 process to appeal and reinstate ridership privileges. This

25 information shall be provided to the suspended rider at the

26 time of the Authority's ~~Service Board's~~ findings. A suspended

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1 rider is entitled to 2 appeals after the Authority's ~~Service~~

2 ~~Board's~~ finding to suspend the person's ridership. A suspended

3 rider may petition the Authority ~~Service Board~~ to reinstate

4 the person's ridership privileges one calendar year after the

5 Authority's ~~Service Board's~~ suspension finding if the length

6 of the suspension is more than one year.

7 (f) The Authority ~~Each Service Board~~ shall collect,

8 report, and make publicly available in a quarterly timeframe

9 the number and demographic information of people subject to

10 suspension of riding privileges or confiscation of fare media,

11 the conduct leading to the suspension or confiscation, as well

12 as the location and description of the location where the

13 conduct occurred, such as identifying the transit station or

14 transit line, date, and time of day, a citation to the

15 statutory authority for which the accused person was arrested

16 or charged, the amount, if any, on the fare media, and the

17 length of the suspension.

18 (Source: P.A. 103-281, eff. 1-1-24.)

19 (70 ILCS 3615/2.41)

20 Sec. 2.41. Fast-track authority ~~Domestic Violence and~~

21 ~~Sexual Assault Regional Transit Authority Public~~

22 ~~Transportation Assistance Program~~.

23 (a) The Board may designate select projects in the 5-Year

24 Capital Program to be authorized using a fast-track process to

25 be approved along with the 5-Year Capital Program.

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1 (1) To be considered for fast-track authorization, a

2 project must meet each of the following criteria:

3 (A) It must have over $250,000,000 in 5-year

4 funding programmed in the 5-Year Capital Program.

5 (B) It must have demonstrated local support in the

6 affected area, as evidenced by comments at public

7 meetings, letters of support from local officials,

8 survey responses, or similar expressions of support.

9 (C) It must document benefits from techniques

10 recognized to lower costs, such as the use of itemized

11 costs, standardized designs, or increased in-house

12 staff to manage contracts.

13 (2) The Board shall hold the following hearings for

14 each fast-track project to demonstrate how the project

15 meets the eligibility criteria before final approval of

16 the 5-Year Capital Program. Before adopting a 5-Year

17 Capital Program with one or more fast-track projects, the

18 Board must meet with and attempt to address concerns

19 raised by (i) the county board president or county

20 executive of each county within which any construction

21 activity for the proposed fast-track projects is to be

22 conducted; (ii) the mayor of Chicago if any fast-track

23 project construction activity may occur within Chicago;

24 and (iii) the Department of Transportation if any

25 fast-track project construction activity will affect

26 highway rights-of-way under State jurisdiction.

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1 (b) Once the Board has presented the fast-track project,

2 the Board may approve its fast-track status as part of the

3 5-year Capital Program. Upon confirmation of fast-track

4 status, the Authority or the relevant Service Board shall

5 notify the State and any unit of local government or public

6 utility affected by any proposed construction, acquisition, or

7 other activity related to the fast-track project. Any

8 agreements, such as cost-sharing agreements for utility

9 relocation, project betterments, and site access, between the

10 Authority or a Service Board and the State, unit of local

11 government, private or public utilities, or private property

12 owners shall be negotiated and executed before fast-track

13 projects are finalized and construction contracts are

14 executed.

15 (1) If construction related to the fast-track project

16 will require access to a roadway or right-of-way that is

17 under the jurisdiction of the State or a unit of local

18 government, the Authority shall provide notice to the

19 governmental entity from which the Authority anticipates

20 seeking right-of-way access upon completion of the

21 preliminary plan and shall provide updates throughout the

22 planning stage. Upon completion of final plans, the

23 Authority shall request access to roadways or

24 right-of-ways, if necessary, from the government entity

25 with jurisdiction over the property. The Authority's

26 request must comply with any existing requirements of the

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1 State or unit of local government for access to its

2 roadways or, at minimum, include detailed construction

3 plans, safety measures, and plans for mitigating traffic

4 and inconvenience caused by the work.

5 Once an access request is received and complete

6 information has been provided, as determined by the State

7 or unit of local government from which the Authority seeks

8 access, the government entity with jurisdiction over the

9 relevant roadway will have 60 days to process and respond

10 to the Authority's request. If the State or unit of local

11 government requires additional information or adjustments

12 to the Authority's plans, it will work with the Authority

13 for an additional 45 days to complete its review. If the

14 State or unit of local government fails or is unable to

15 approve the Authority's request within 120 days, the

16 Authority may report the delay to and seek immediate

17 approval from the relevant representative of the State or

18 unit of local government, which is the Regional Engineer

19 of the Department of Transportation's District 1 Office if

20 the request involves a State roadway; the relevant highway

21 superintendent if the request involves a county roadway;

22 the transportation commissioner if the request involves a

23 municipality; or the chief executive officer of the

24 relevant organization if the requests involves any other

25 local governmental entity.

26 Upon completion of construction, the Authority shall

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1 comply with permit and State or unit of local governmental

2 requirements and restore the roadway to its previous

3 condition, unless otherwise agreed to by the State or unit

4 of local government. The Authority shall provide a survey

5 of the quality of the relevant infrastructure and shall

6 allow the State or unit of local government to inspect the

7 infrastructure. The Authority shall be responsible for any

8 defect in infrastructure or other damage resulting from

9 the Authority's actions. The Authority shall either repair

10 or compensate the State or unit of local government for

11 any damages resulting from the Authority's actions. Unless

12 previously agreed, at no point shall the Authority's use

13 of State or unit of local governmental property be

14 permanent, create a property interest, or affect the

15 jurisdiction of the roadway.

16 (2) If a fast-track project requires the removal,

17 relocation, or modification of any facility of a public

18 utility, the Authority or the relevant Service Board shall

19 provide reasonable notice to the affected public utility

20 when the need for removal or relocation becomes known and

21 shall provide updates throughout the planning stage. Upon

22 completion of final plans, the Authority shall provide

23 written notice to each affected public utility of the need

24 to remove, relocate, or modify its facilities. The notice

25 shall include detailed construction plans, safety

26 measures, and plans for mitigating traffic and

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1 inconvenience caused by the work. If public utility

2 facilities that are subject to removal or relocation are

3 located within State or county highway rights-of-way with

4 the consent of the State or appropriate county highway

5 authority, the Authority may coordinate with the

6 Department of Transportation or county highway authority

7 and the removal or relocation shall be subject to the

8 terms of the Illinois Highway Code. Any other utility

9 relocation or removal shall be subject to the terms of

10 subsection (b) of Section 2.21.

11 If, within 90 days after receipt of the written

12 notice, the utility's facilities have not been removed,

13 relocated, or modified to the reasonable satisfaction of

14 the Authority or the relevant Service Board or, if

15 arrangements are not made satisfactory to the Authority or

16 the relevant Service Board, the Authority or the relevant

17 Service Board or its contractors may remove, relocate, or

18 modify the utility facilities and bill the owner for the

19 total cost of the removal, relocation, or modification.

20 (c) The Authority may use quick-take eminent domain

21 proceedings as set out in Section 20-5-5 of the Eminent Domain

22 Act for land acquisition required for fast-track projects.

23 However, the requirement in Section 10-5-10 of the Eminent

24 Domain Act requiring prior approval of the Illinois Commerce

25 Commission in certain instances shall apply to quick take

26 eminent domain proceedings by the Authority as to any taking

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1 or damaging of any real property of a railroad not used for

2 public transportation or of any real property of other public

3 utilities.

4 ~~(a) No later than 90 days after the effective date of this~~

5 ~~amendatory Act of the 103rd General Assembly, the Authority~~

6 ~~shall create the Domestic Violence and Sexual Assault Regional~~

7 ~~Transit Authority Public Transportation Assistance Program to~~

8 ~~serve residents of the Authority.~~

9 ~~Through this Program, the Authority shall issue monetarily~~

10 ~~preloaded mass transit cards to The Network: Advocating~~

11 ~~Against Domestic Violence for survivor and victim use of~~

12 ~~public transportation through Chicago Transit Authority, the~~

13 ~~Suburban Bus Division, and the Commuter Rail Division.~~

14 ~~The Authority shall coordinate with The Network:~~

15 ~~Advocating Against Domestic Violence to issue no less than~~

16 ~~25,000 monetarily preloaded mass transit cards with a value of~~

17 ~~$20 per card for distribution to domestic violence and sexual~~

18 ~~assault service providers throughout the Authority's~~

19 ~~jurisdiction, including the counties of Cook, Kane, DuPage,~~

20 ~~Will, Lake, and McHenry.~~

21 ~~The mass transit card shall be plastic or laminated and~~

22 ~~wallet-sized, contain no information that would reference~~

23 ~~domestic violence or sexual assault services, and have no~~

24 ~~expiration date. The cards shall also be available~~

25 ~~electronically and shall be distributed to domestic violence~~

26 ~~and sexual assault direct service providers to distribute to~~

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1 ~~survivors.~~

2 ~~The total number of mass transit cards shall be~~

3 ~~distributed to domestic violence and sexual assault service~~

4 ~~providers throughout the Authority's region based on the~~

5 ~~average number of clients served in 2021 and 2022 in~~

6 ~~comparison to the total number of mass transit cards granted~~

7 ~~by the Authority.~~

8 ~~(b) The creation of the Program shall include an~~

9 ~~appointment of a domestic violence or sexual assault program~~

10 ~~service provider or a representative of the service provider's~~

11 ~~choosing to the Authority's Citizen Advisory Board.~~

12 ~~The Network: Advocating Against Domestic Violence shall~~

13 ~~provide an annual report of the program, including a list of~~

14 ~~service providers receiving the mass transit cards, the total~~

15 ~~number of cards received by each service provider, and an~~

16 ~~estimated number of survivors and victims of domestic violence~~

17 ~~and sexual assault participating in the program. The report~~

18 ~~shall also include survivor testimonies of the program and~~

19 ~~shall include program provided recommendations on improving~~

20 ~~implementation of the Program. The report shall be provided to~~

21 ~~the Regional Transit Authority one calendar year after the~~

22 ~~creation of the Program.~~

23 ~~In partnership with The Network: Advocating Against~~

24 ~~Domestic Violence, the Authority shall report this information~~

25 ~~to the Board and the Citizen Advisory Board and compile an~~

26 ~~annual report of the Program to the General Assembly and to~~

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1 ~~domestic violence and sexual assault service providers in the~~

2 ~~service providers' jurisdiction and include recommendations~~

3 ~~for improving implementation of the Program.~~

4 (Source: P.A. 103-281, eff. 7-28-23.)

5 (70 ILCS 3615/2.43 new)

6 Sec. 2.43. Transit-supportive development.

7 (a) As used in this Section, "transit-supportive

8 development" means residential improvements, commercial

9 improvements, and supporting infrastructure improvements that

10 are (i) located within one-half mile of a public

11 transportation station or within one-eighth of a mile of a bus

12 stop on a public transportation bus route and (ii) designed to

13 facilitate access to and use of public transit.

14 (b) The Authority shall have power to acquire, construct,

15 own, operate, or maintain for public service

16 transit-supportive development in the metropolitan region and

17 all the powers necessary or convenient to accomplish the

18 purposes of this Section.

19 (c) The Authority shall have power to acquire by purchase,

20 condemnation, lease, gift, or otherwise any property and

21 rights useful for its transit-supportive development purposes;

22 to sell, lease, transfer, or convey any property or rights

23 when no longer useful; or to exchange the same for other

24 property or rights that are useful for its purposes.

25 (d) In addition to other powers provided in this Act, the

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1 Authority shall have power to enter into contracts and

2 agreements with governmental, not-for-profit, and for-profit

3 entities for the development, construction, and operation of

4 transit-supportive developments.

5 (e) The Authority shall have the continuing power to

6 borrow money for (i) the purpose of acquiring, constructing,

7 reconstructing, extending, or improving transit-supportive

8 developments or any part of those developments and (ii) the

9 purpose of acquiring property and equipment useful for the

10 construction, reconstruction, extension, improvement, or

11 operation of its transit-supportive developments or any part

12 of those developments.

13 (f) This Section does not exempt the Authority from

14 complying with land use regulations applicable to the property

15 involved in a transit-supportive development.

16 (70 ILCS 3615/2.44 new)

17 Sec. 2.44. Transit-supportive development opportunity

18 inventory.

19 (a) As used in this Section, "transit-supportive

20 development" means residential and commercial infrastructure

21 improvements that are (i) located within one-half mile of a

22 public transportation station or within one-eighth of a mile

23 of a bus stop on a public transportation bus route and (ii)

24 designed to facilitate access to and use of public transit.

25 (b) The Authority shall develop an inventory of all real

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1 property owned by the Authority or the Service Boards to

2 identify all property that could allow for transit-supportive

3 development without impeding the operations of the Authority

4 or Service Boards. The inventory shall identify, at minimum,

5 any parcels owned by the Authority or by a Service Board that

6 are (i) located within one-half mile of a public

7 transportation station or within one-eighth of a mile of a bus

8 stop on a public transportation bus route and (ii) are

9 unimproved or contain improvements whose gross square footage

10 (excluding parking facilities) is less than the total land

11 square footage of the parcel.

12 (c) No later than 12 months after the effective date of

13 this amendatory Act of the 104th General Assembly, the

14 Authority shall provide for direct, public access to a

15 database of all parcels of real property thus identified. The

16 database shall include each parcel sortable and searchable by,

17 at minimum:

18 (1) total land square footage;

19 (2) gross square footage of any improvements contained

20 within the parcel;

21 (3) the current use of the parcel by the current

22 owner, including any restrictions on use imposed by

23 Authority rule or agreement or by federal law;

24 (4) any parcel identification number that may be

25 issued by the assessor of the county containing the

26 parcel;

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1 (5) zip code;

2 (6) parcel centroid longitude; and

3 (7) parcel centroid latitude.

4 (d) The database may also include parcels owned by other

5 governmental agencies or nongovernmental organizations that

6 are identified to the Authority by the entity owning them as

7 suitable for allowing transit-supportive development. Any

8 parcels included should be sortable and searchable as

9 described in subsection (c).

10 (e) The Authority may establish and maintain this database

11 through an accessible website or delegate this responsibility

12 to a metropolitan planning organization.

13 (70 ILCS 3615/2.45 new)

14 Sec. 2.45. Transit-Supportive Development Incentive

15 Program.

16 (a) As used in this Section, "transit-supportive

17 development" means commercial or residential development that

18 is designed to expand the public transportation ridership base

19 or to effectively connect public transportation users to such

20 developments. "Transit-supportive development" includes, but

21 is not limited to, laws and policies that further these

22 objectives, capital improvements that foster communities with

23 high per capita transit ridership, and public transportation

24 operation improvements that support efforts to build

25 communities with high per capita transit ridership.

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1 (b) The Authority may establish a Transit-Supportive

2 Development Incentive Program and authorize the deposit of

3 Authority moneys into a Transit-Supportive Development

4 Incentive Fund. Amounts on deposit in the Fund and interest

5 and other earnings on those amounts may be used by the

6 Authority, with the approval of its Directors and after a

7 competitive application and scoring process that includes an

8 opportunity for public participation, for operating or capital

9 grants or loans to Service Boards, transportation agencies, or

10 units of local government for the following purposes:

11 (1) investment in transit-supportive residential and

12 commercial development, including developments on or in

13 the vicinity of property owned by the Authority, a Service

14 Board, or a transportation agency;

15 (2) grants to local governments to help cover the cost

16 of drafting and implementing land use, parking, and other

17 laws that are intended to encourage and shall reasonably

18 have the effect of allowing or supporting

19 transit-supportive residential or commercial development;

20 and

21 (3) providing resources for increased public

22 transportation service in and around transit-supportive

23 residential and commercial developments, especially newly

24 created transit-supportive developments.

25 (c) If the Authority establishes such a program, the

26 Authority shall develop and publish scoring criteria that it

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1 shall use in making awards from the Transit-Supportive

2 Development Incentive Fund. The scoring criteria shall

3 prioritize high-density development in and in the near

4 vicinity of public transportation stations and routes and

5 shall prioritize projects that (i) are likely to increase per

6 capita public transportation ridership, (ii) serve

7 disadvantaged and transit-dependent populations, and (iii) are

8 located in jurisdictions that have land use and other policies

9 that encourage the level of residential density and

10 concentration of businesses in walkable districts accessible

11 by public transportation required to support financially

12 viable public transportation service with substantial

13 ridership.

14 (d) Any grantee that receives funds under this Section

15 must (i) implement such programs within one year after receipt

16 of the funds and (ii) determine, within 2 years following

17 commencement of any program using such funds, whether it has

18 resulted in increased use of public transportation by those

19 residing in the area covered by the program or those accessing

20 the area from outside the area. No additional funds under this

21 Section may be distributed to a grantee for any individual

22 program beyond 2 years unless the Board of the Authority

23 waives this limitation. A waiver shall be with regard to an

24 individual program and with regard to a one-year period, and

25 any further waivers for an individual program require a

26 subsequent vote of the Board.

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1 (e) The Authority may reallocate unused funds deposited

2 into the Transit-Supportive Development Incentive Fund to

3 other Authority purposes and programs.

4 (70 ILCS 3615/2.46 new)

5 Sec. 2.46. Transit ambassadors.

6 (a) By June 1, 2026, the Authority shall implement a

7 transit ambassador program to increase safety for passengers

8 and personnel, provide passenger education and assistance, and

9 help passengers navigate all transit systems under the

10 Authority.

11 (b) To ensure regional competency and system integration,

12 the Authority shall develop a transit ambassador training

13 program with input from each Service Board and interested

14 stakeholders and in alignment with subsection (d) of Section

15 25 of the Community Emergency Services and Support Act.

16 (c) The Service Boards in coordination with the Authority

17 shall deploy trained, unarmed personnel on buses, bus stops,

18 trains, and stations to achieve the goals of the Transit

19 Ambassador Program.

20 (d) Transit ambassador units may be composed of mobile and

21 fixed post personnel.

22 (e) The responsibilities of a transit ambassador may

23 include, but are not limited to:

24 (1) navigational and other passenger assistance;

25 (2) liaising with law enforcement, social services,

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1 and community resources to address unsafe conditions and

2 to connect persons with relevant social, medical, and

3 other services; and

4 (3) monitoring passenger activity and compliance with

5 laws and rules.

6 (f) No less than 80% of transit ambassadors serving the

7 Chicago Transit Authority shall be full-time employees of the

8 Chicago Transit Authority. The Chicago Transit Authority shall

9 bargain with the union representing current customer service

10 employees to determine the initial conditions of employment

11 for the transit ambassadors.

12 (g) Those persons employed by the Chicago Transit

13 Authority as Customer Service Assistants, who meet the

14 applicable Transit Ambassador qualifications, and the

15 requirements of the training program established pursuant to

16 the Chicago Transit Authority Transit Ambassador Program prior

17 to the hiring of any other personnel.

18 (h) Customer-facing employees of the Commuter Rail

19 Division shall undergo the standard transit ambassador

20 training program developed by the Authority.

21 (i) Existing employees of the Service Boards identified to

22 complete the transit ambassador training shall do so by

23 January 1, 2027.

24 (j) The Authority shall facilitate coordination between

25 the Service Boards to ensure communication and continuity

26 across all Service Boards.

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1 (k) Beginning January 1, 2031, the Authority shall

2 evaluate the efficacy of the program no less than every 5 years

3 and identify needed changes and improvements.

4 (70 ILCS 3615/3.01) (from Ch. 111 2/3, par. 703.01)

5 Sec. 3.01. Board of Directors. The corporate authorities

6 and governing and administrative body of the Authority shall

7 be a Board consisting of 20 ~~13~~ Directors ~~until April 1, 2008,~~

8 ~~and 16 Directors thereafter,~~ appointed as follows:

9 (a) Five ~~Four~~ Directors appointed by the Mayor of the City

10 of Chicago, with the advice and consent of the City Council of

11 the City of Chicago~~, and, only until April 1, 2008, a fifth~~

12 ~~director who shall be the Chairman of the Chicago Transit~~

13 ~~Authority. After April 1, 2008, the Mayor of the City of~~

14 ~~Chicago, with the advice and consent of the City Council of the~~

15 ~~City of Chicago, shall appoint a fifth Director. The Directors~~

16 ~~appointed by the Mayor of the City of Chicago shall not be the~~

17 ~~Chairman or a Director of the Chicago Transit Authority~~. Each

18 ~~such~~ Director shall reside in the City of Chicago. Directors

19 appointed under this subsection shall include:

20 (1) one Director with an initial term of 5 years who

21 shall serve as a member of the Board of the Chicago Transit

22 Authority;

23 (2) one Director with an initial term of 3 years who

24 shall serve as a member of the Board of the Chicago Transit

25 Authority;

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1 (3) one Director with an initial term of 5 years who

2 shall serve as a director of the Suburban Bus Board;

3 (4) one Director with an initial term of 3 years who

4 shall serve as a director of the Commuter Rail Board; and

5 (5) one director with an initial term of 5 years.

6 (a-5) Five Directors appointed by the Governor of the

7 State of Illinois, with the advice and consent of the Senate.

8 Each Director shall reside in the metropolitan region.

9 Directors appointed under this subsection shall include:

10 (1) one Director with an initial term of 5 years who

11 shall serve as a member of the Board of the Chicago Transit

12 Authority;

13 (2) one Director with an initial term of 3 years who

14 shall serve as a director of the Suburban Bus Board;

15 (3) one Director with an initial term of 5 years who

16 shall serve as a director of the Commuter Rail Board;

18 (b) Five ~~Four~~ Directors appointed by the President of

19 ~~votes of a majority of the members of~~ the Cook County Board of

20 Commissioners including: ~~elected from districts, a majority of~~

21 ~~the electors of which reside outside Chicago. After April 1,~~

22 ~~2008, a fifth Director appointed by the President of the Cook~~

23 ~~County Board with the advice and consent of the members of the~~

24 ~~Cook County Board. Each Director appointed under this~~

25 ~~subparagraph shall reside in that part of Cook County outside~~

26 ~~Chicago.~~

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1 (1) one Director representing those communities in

2 Cook County that are outside of the City of Chicago and

3 north of Devon Avenue who shall reside in the area the

4 Director represents, serve an initial term of 3 years, and

5 serve as a director of the Suburban Bus Board;

6 (2) one Director representing those communities in

7 Cook County that are outside of the City of Chicago, south

8 of Devon Avenue, and north of Interstate 55, and in

9 addition the Village of Summit who shall reside in the

10 area the Director represents, serve an initial term of 5

11 years, and serve as a director of the Suburban Bus Board;

12 (3) one Director representing those communities in

13 Cook County that are outside of the City of Chicago, south

14 of Interstate 55, and west of the Interstate 57, excluding

15 the communities of Summit, Dixmoor, Posen, Robbins,

16 Midlothian, Oak Forest, and Tinley Park who shall reside

17 in the area the Director represents, serve an initial term

18 of 3 years, and serve as a director of the Commuter Rail

19 Board;

20 (4) one Director representing those communities in

21 Cook County that are outside of the City of Chicago and

22 east of Interstate 57, and, in addition, the communities

23 of Dixmoor, Posen, Robbins, Midlothian, Oak Forest, and

24 Tinley Park who shall reside in the area the Director

25 represents, serve an initial term of 5 years, and serve as

26 a director of the Commuter Rail Board; and

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1 (5) one Director with an initial term of 3 years who

2 shall serve as a member of the Board of the Chicago Transit

3 Authority.

4 (b-5) Five Directors appointed by the chair of the county

5 boards of Kane, Lake, McHenry, DuPage, and Will Counties. Each

6 chair shall appoint one Director for the chair's county, with

7 the advice and consent of the chair's county board. Each

8 Director shall reside in the county from which the Director is

9 appointed. Directors appointed under this subsection shall

10 include:

11 (1) one Director appointed by the Chairman of the

12 DuPage County Board with an initial term of 5 years who

13 shall serve as a director of the Suburban Bus Board;

14 (2) one Director appointed by the Chairman of the Kane

15 County Board with an initial term of 3 years who shall

16 serve as a director of the Suburban Bus Board;

17 (3) one Director appointed by the Chairman of the Lake

18 County Board with an initial term of 3 years who shall

19 serve as a director of the Commuter Rail Board;

20 (4) one Director appointed by the Chairman of the

21 McHenry County Board with an initial term of 5 years who

22 shall serve as a director of the Commuter Rail Board; and

23 (5) one Director appointed by the Chairman of the Will

24 County Board with an initial term of 3 years who shall

25 serve as a director of the Commuter Rail Board.

26 (b-10) On February 1, 2026, the terms of all directors

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1 serving on the effective date of this amendatory Act of the

2 104th General Assembly shall immediately expire. If a vacancy

3 on the Board occurs before February 1, 2026, then the vacancy

4 shall be filled under Section 3.03. Directors serving on the

5 effective date of this amendatory Act of the 104th General

6 Assembly may be reappointed.

7 (b-15) Within 120 days of the effective date of this

8 amendatory Act of the 104th General Assembly, the appointing

9 authorities shall appoint, with the advice and consent

10 required under this Section, a new Board of the Authority.

11 Directors have been appointed when appointments are filed with

12 and accepted by the Secretary of State in accordance with

13 subsection (g).

14 (b-20) On the first meeting of the Board the Directors

15 after the effective date of this amendatory Act of the 104th

16 General Assembly, the Board of Directors shall, by majority

17 vote, elect a Director to serve as Chair of the Board.

18 (b-25) The subsequent terms of each Director appointed

19 appointed after February 1, 2026 shall be 5 years.

20 (c) (Blank). ~~Until April 1, 2008, 3 Directors appointed by~~

21 ~~the Chairmen of the County Boards of DuPage, Kane, Lake,~~

22 ~~McHenry, and Will Counties, as follows:~~

23 ~~(i) Two Directors appointed by the Chairmen of the~~

24 ~~county boards of Kane, Lake, McHenry and Will Counties,~~

25 ~~with the concurrence of not less than a majority of the~~

26 ~~Chairmen from such counties, from nominees by the~~

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1 ~~Chairmen. Each such Chairman may nominate not more than 2~~

2 ~~persons for each position. Each such Director shall reside~~

3 ~~in a county in the metropolitan region other than Cook or~~

4 ~~DuPage Counties.~~

5 ~~(ii) One Director appointed by the Chairman of the~~

6 ~~DuPage County Board with the advice and consent of the~~

7 ~~DuPage County Board. Such Director shall reside in DuPage~~

8 ~~County.~~

9 (d) (Blank). ~~After April 1, 2008, 5 Directors appointed by~~

10 ~~the Chairmen of the County Boards of DuPage, Kane, Lake and~~

11 ~~McHenry Counties and the County Executive of Will County, as~~

12 ~~follows:~~

13 ~~(i) One Director appointed by the Chairman of the Kane~~

14 ~~County Board with the advice and consent of the Kane~~

15 ~~County Board. Such Director shall reside in Kane County.~~

16 ~~(ii) One Director appointed by the County Executive of~~

17 ~~Will County with the advice and consent of the Will County~~

18 ~~Board. Such Director shall reside in Will County.~~

19 ~~(iii) One Director appointed by the Chairman of the~~

20 ~~DuPage County Board with the advice and consent of the~~

21 ~~DuPage County Board. Such Director shall reside in DuPage~~

22 ~~County.~~

23 ~~(iv) One Director appointed by the Chairman of the~~

24 ~~Lake County Board with the advice and consent of the Lake~~

25 ~~County Board. Such Director shall reside in Lake County.~~

26 ~~(v) One Director appointed by the Chairman of the~~

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1 ~~McHenry County Board with the advice and consent of the~~

2 ~~McHenry County Board. Such Director shall reside in~~

3 ~~McHenry County.~~

4 ~~(vi) To implement the changes in appointing authority~~

5 ~~under this subparagraph (d) the three Directors appointed~~

6 ~~under subparagraph (c) and residing in Lake County, DuPage~~

7 ~~County, and Kane County respectively shall each continue~~

8 ~~to serve as Director until the expiration of their~~

9 ~~respective term of office and until his or her successor~~

10 ~~is appointed and qualified or a vacancy occurs in the~~

11 ~~office. Thereupon, the appointment shall be made by the~~

12 ~~officials given appointing authority with respect to the~~

13 ~~Director whose term has expired or office has become~~

14 ~~vacant.~~

15 (e) (Blank). ~~The Chairman serving on the effective date of~~

16 ~~this amendatory Act of the 95th General Assembly shall~~

17 ~~continue to serve as Chairman until the expiration of his or~~

18 ~~her term of office and until his or her successor is appointed~~

19 ~~and qualified or a vacancy occurs in the office. Upon the~~

20 ~~expiration or vacancy of the term of the Chairman then serving~~

21 ~~upon the effective date of this amendatory Act of the 95th~~

22 ~~General Assembly, the Chairman shall be appointed by the other~~

23 ~~Directors, by the affirmative vote of at least 11 of the then~~

24 ~~Directors with at least 2 affirmative votes from Directors who~~

25 ~~reside in the City of Chicago, at least 2 affirmative votes~~

26 ~~from Directors who reside in Cook County outside the City of~~

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1 ~~Chicago, and at least 2 affirmative votes from Directors who~~

2 ~~reside in the Counties of DuPage, Lake, Will, Kane, or~~

3 ~~McHenry. The chairman shall not be appointed from among the~~

4 ~~other Directors. The chairman shall be a resident of the~~

5 ~~metropolitan region.~~

6 (f) Except as otherwise provided by this Act no Director

7 shall, while serving as such, be an officer, a member of the

8 Board of Directors or Trustees or an employee of any Service

9 Board or transportation agency, or be an employee of the State

10 of Illinois or any department or agency thereof, or of any

11 municipality, county, or any other unit of local government or

12 receive any compensation from any elected or appointed office

13 under the Constitution and laws of Illinois or hold any office

14 or employment under the Federal government; except that a

15 Director may be a member of a school board or a member of the

16 National Guard.

17 (g) Each appointment made under this Section and under

18 Section 3.03 shall be certified by the appointing authority

19 and filed with the Secretary of State and ~~to~~ the Secretary of

20 the Board. The Secretary of the Board ~~, which~~ shall maintain

21 the certifications as part of the official records of the

22 Authority.

23 (h) (Blank).

24 (i) Directors shall have diverse and substantial relevant

25 experience and expertise for overseeing the planning,

26 operation, and funding of a regional transportation system,

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1 including, but not limited to, backgrounds in urban and

2 regional planning, management of large capital projects, labor

3 and workforce development, business management, public

4 administration, transportation, and community organizations.

5 (j) Those responsible for appointing Directors shall

6 strive to assemble a set of Directors that, to the greatest

7 extent possible, reflects the ethnic, cultural, economic, and

8 geographic diversity of the metropolitan region.

9 (Source: P.A. 98-709, eff. 7-16-14.)

10 (70 ILCS 3615/3.03) (from Ch. 111 2/3, par. 703.03)

11 Sec. 3.03. Terms, vacancies. Each Director shall hold

12 office for a term of 5 years, and until his successor has been

13 appointed and has qualified. A vacancy shall occur upon

14 resignation, death, conviction of a felony, or removal from

15 office of a Director. Any Director may be removed from office

16 ~~(i) upon concurrence of not less than 11 Directors, on a formal~~

17 ~~finding of incompetence, neglect of duty, or malfeasance in~~

18 ~~office or (ii)~~ by the Governor in response to a summary report

19 received from the Executive Inspector General in accordance

20 with Section 20-50 of the State Officials and Employees Ethics

21 Act, provided he or she has an opportunity to be publicly heard

22 in person or by counsel prior to removal. Within 30 days after

23 the office of any member becomes vacant for any reason, the

24 appointing authorities of such member shall make an

25 appointment to fill the vacancy. A vacancy shall be filled for

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1 the unexpired term.

2 Whenever a vacancy for a Director, except as to the

3 Chairman or those Directors appointed by the Mayor of the City

4 of Chicago, exists for longer than 4 months, the new Director

5 shall be chosen by election by all legislative members in the

6 General Assembly representing the affected area. In order to

7 qualify as a voting legislative member in this matter, the

8 affected area must be more than 50% of the geographic area of

9 the legislative district.

10 (Source: P.A. 95-708, eff. 1-18-08; 96-1528, eff. 7-1-11.)

11 (70 ILCS 3615/3.04) (from Ch. 111 2/3, par. 703.04)

12 Sec. 3.04. Compensation. Each Director including the

13 Chairman, ~~except for the Chairman of the Chicago Transit~~

14 ~~Authority who shall not be compensated by the Authority,~~ shall

15 be compensated at the rate of $15,000 ~~$25,000~~ per year.

16 Payments shall be made monthly. A director shall not be

17 eligible for pay for a month if the director is absent from any

18 regularly scheduled meeting, unless due to illness or an

19 emergency.

20 Directors shall be required to complete an annual training

21 on financial management and procurement laws, policies, and

22 procedures. Directors who failed to complete the required

23 trainings shall not be eligible for compensation.

24 Officers of the Authority shall not be required to comply

25 with the requirements of "An Act requiring certain custodians

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1 of public moneys to file and publish statements of the

2 receipts and disbursements thereof", approved June 24, 1919,

3 as now or hereafter amended.

4 (Source: P.A. 83-885; 83-886.)

5 (70 ILCS 3615/3A.01) (from Ch. 111 2/3, par. 703A.01)

6 Sec. 3A.01. Suburban Bus Division. There is established

7 within the Authority the Suburban Bus Division as the

8 operating division responsible for providing public

9 transportation by bus and as may be provided in this Act.

10 Purchase of service agreements between a transportation agency

11 and the Authority in effect on the effective date of this

12 amendatory Act shall remain in full force and effect in

13 accordance with the terms of such agreement. Such agreements

14 ~~shall first be the responsibility of the Transition Board and,~~

15 ~~on the date of its creation,~~ shall be the responsibility of the

16 Suburban Bus Division and its Board.

17 (Source: P.A. 83-885; 83-886.)

18 (70 ILCS 3615/3A.02) (from Ch. 111 2/3, par. 703A.02)

19 Sec. 3A.02. Suburban Bus Board.

20 (a) The governing body of the Suburban Bus Division shall

21 be the Suburban Bus Board. Until June 1, 2025, the Suburban Bus

22 Board shall consist ~~shall be a board consisting~~ of 13

23 directors appointed as follows:

24 (1) (a) Six Directors appointed by the members of the

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1 Cook County Board elected from that part of Cook County

2 outside of Chicago, or in the event such Board of

3 Commissioners becomes elected from single member

4 districts, by those Commissioners elected from districts,

5 a majority of the residents of which reside outside of

6 Chicago from the chief executive officers of the

7 municipalities, of that portion of Cook County outside of

8 Chicago. Provided however, that:

9 (A) ~~(i)~~ One of the Directors shall be the chief

10 executive officer of a municipality within the area of

11 the Northwest Region defined in Section 3A.13;

12 (B) ~~(ii)~~ One of the Directors shall be the chief

13 executive officer of a municipality within the area of

14 the North Central Region defined in Section 3A.13;

15 (C) ~~(iii)~~ One of the Directors shall be the chief

16 executive officer of a municipality within the area of

17 the North Shore Region defined in Section 3A.13;

18 (D) ~~(iv)~~ One of the Directors shall be the chief

19 executive officer of a municipality within the area of

20 the Central Region defined in Section 3A.13;

21 (E) ~~(v)~~ One of the Directors shall be the chief

22 executive officer of a municipality within the area of

23 the Southwest Region defined in Section 3A.13;

24 (F) ~~(vi)~~ One of the Directors shall be the chief

25 executive officer of a municipality within the area of

26 the South Region defined in Section 3A.13;

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1 (2) ~~(b)~~ One Director by the Chairman of the Kane

2 County Board who shall be a chief executive officer of a

3 municipality within Kane County;

4 (3) ~~(c)~~ One Director by the Chairman of the Lake

5 County Board who shall be a chief executive officer of a

6 municipality within Lake County;

7 (4) ~~(d)~~ One Director by the Chairman of the DuPage

8 County Board who shall be a chief executive officer of a

9 municipality within DuPage County;

10 (5) ~~(e)~~ One Director by the Chairman of the McHenry

11 County Board who shall be a chief executive officer of a

12 municipality within McHenry County;

13 (6) ~~(f)~~ One Director by the Chairman of the Will

14 County Board who shall be a chief executive officer of a

15 municipality within Will County;

16 (7) ~~(g)~~ The Commissioner of the Mayor's Office for

17 People with Disabilities, from the City of Chicago, who

18 shall serve as an ex officio ~~ex-officio~~ member; and

19 (8) ~~(h)~~ The Chairman by the Governor for the initial

20 term, and thereafter by a majority of the Chairmen of the

21 DuPage, Kane, Lake, McHenry and Will County Boards and the

22 members of the Cook County Board elected from that part of

23 Cook County outside of Chicago, or in the event such Board

24 of Commissioners is elected from single member districts,

25 by those Commissioners elected from districts, a majority

26 of the electors of which reside outside of Chicago; and

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1 who after the effective date of this amendatory Act of the

2 95th General Assembly may not be a resident of the City of

3 Chicago.

4 (b) Beginning February 1, 2026, the board shall consist of

5 11 directors appointed as follows:

6 (1) One director appointed by the Governor. The

7 director appointed under this paragraph shall have an

8 initial term of 3 years. The director appointed under this

9 paragraph shall also serve as a Director of the Northern

10 Illinois Transit Authority.

11 (2) Two directors appointed by the Mayor of Chicago

12 with the advice and consent of the City Council of the City

13 of Chicago including:

14 (A) a director with an initial term of 5 years who

15 shall serve as a Director on the Board of the

16 Authority; and

17 (B) a director with an initial term of 3 years.

18 (3) Three directors appointed by the President of the

19 Cook County Board of Commissioners including:

20 (A) a director with an initial term of 5 years who

21 shall serve as a Director on the Board of the

22 Authority;

23 (B) a director with an initial term of 3 years who

24 shall serve as a Director on the Board of the

25 Authority; and

26 (C) a director with an initial term of 5 years.

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1 (4) One director appointed by the Chairman of the

2 DuPage County Board. The director appointed under this

3 paragraph shall have an initial term of 3 years. The

4 director appointed under this paragraph shall also serve

5 as a Director on the Board of the Authority.

6 (5) One director appointed by the Chairman of the Kane

7 County Board. The director appointed under this paragraph

8 shall have an initial term of 5 years. The director

9 appointed under this paragraph shall also serve as a

10 Director on the Board of the Authority.

11 (6) One director appointed by the Chairman of the Lake

12 County Board. The director appointed under this paragraph

13 shall have an initial term of 5 years.

14 (7) One director appointed by the Chairman of the

15 McHenry County Board. The director appointed under this

16 paragraph shall have an initial term of 3 years.

17 (8) One director appointed by the Chairman of the Will

18 County Board. The director appointed under this paragraph

19 shall have an initial term of 5 years. The director

20 appointed under this paragraph shall also serve as a

21 Director on the Board of the Authority.

22 (c) The subsequent terms of each director appointed under

23 subsection (b) shall be 5 years.

24 (d) The Chairman of the Suburban Bus Board shall be

25 elected by a simple majority vote by the directors of the

26 Suburban Bus Board from among the directors of the board.

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1 (e) The first Chairman of the Suburban Bus Board elected

2 after the effective date of this amendatory Act of the 104th

3 General Assembly shall be elected with the advice and consent

4 of the Senate.

5 (f) Initial appointments of directors under subsection (b)

6 must be made in time for the directors to begin their terms on

7 February 1, 2026.

8 (g) On February 1, 2026, the terms of all directors

9 appointed under subsection (a) shall immediately expire. If a

10 vacancy on the Suburban Bus Board occurs before February 1,

11 2026, then the vacancy shall be filled under Section 3A.03.

12 Directors appointed under subsection (a) may be reappointed

13 under subsection (b).

14 (h) Directors shall have diverse and substantial relevant

15 experience or expertise in overseeing the planning, operation,

16 or funding of a public transportation system, including, but

17 not limited to, backgrounds in urban and regional planning,

18 management of large capital projects, labor and workforce

19 development, business management, public administration,

20 transportation, and transit and ridership advocacy.

21 ~~Each appointment made under paragraphs (a) through (g) and~~

22 ~~under Section 3A.03 shall be certified by the appointing~~

23 ~~authority to the Suburban Bus Board which shall maintain the~~

24 ~~certifications as part of the official records of the Suburban~~

25 ~~Bus Board; provided that the initial appointments shall be~~

26 ~~certified to the Secretary of State, who shall transmit the~~

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1 ~~certifications to the Suburban Bus Board following its~~

2 ~~organization.~~

3 ~~For the purposes of this Section, "chief executive officer~~

4 ~~of a municipality" includes a former chief executive officer~~

5 ~~of a municipality within the specified Region or County,~~

6 ~~provided that the former officer continues to reside within~~

7 ~~such Region or County.~~

8 (Source: P.A. 95-906, eff. 8-26-08.)

9 (70 ILCS 3615/3A.03) (from Ch. 111 2/3, par. 703A.03)

10 Sec. 3A.03. Terms, Vacancies. Each ~~The initial term of the~~

11 ~~directors appointed pursuant to subdivision (a) of Section~~

12 ~~3A.02 shall expire on June 30, 1985; the initial term of the~~

13 ~~directors appointed pursuant to subdivisions (b) through (g)~~

14 ~~of Section 3A.02 shall expire on June 30, 1986. Thereafter,~~

15 ~~each~~ director shall serve ~~be appointed for a term of 4 years,~~

16 ~~and~~ until his successor has been appointed and qualified. A

17 vacancy shall occur upon the resignation, death, conviction of

18 a felony, or removal from office of a director. Any director

19 may be removed from office (i) upon the concurrence of not less

20 than 8 directors, on a formal finding of incompetence, neglect

21 of duty, or malfeasance in office or (ii) by the Governor in

22 response to a summary report received from the Executive

23 Inspector General in accordance with Section 20-50 of the

24 State Officials and Employees Ethics Act, provided he or she

25 has an opportunity to be publicly heard in person or by counsel

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1 prior to removal. Within 30 days after the office of any

2 director becomes vacant for any reason, the appointing

3 authorities of such director shall make an appointment to fill

4 the vacancy. A vacancy shall be filled for the unexpired term.

5 ~~The initial directors other than the chairman shall be~~

6 ~~appointed within 180 days of November 9, 1983.~~

7 ~~On June 1, 1984 the seat of any Director of the Suburban~~

8 ~~Bus Board not yet filled shall be deemed vacant and shall be~~

9 ~~chosen by the election of all the legislative members of the~~

10 ~~General Assembly representing the affected area. In order to~~

11 ~~qualify as a voting legislative member in this matter, the~~

12 ~~affected area must be more than 50% of the geographic area of~~

13 ~~the legislative district.~~

14 (Source: P.A. 96-1528, eff. 7-1-11.)

15 (70 ILCS 3615/3A.05) (from Ch. 111 2/3, par. 703A.05)

16 Sec. 3A.05. Appointment of officers and employees. The

17 Suburban Bus Board shall appoint an Executive Director who

18 shall be the chief executive officer of the Division,

19 appointed, retained or dismissed with the concurrence of 6 ~~9~~

20 of the directors of the Suburban Bus Board and the Board of the

21 Authority. The Executive Director shall appoint, retain and

22 employ officers, attorneys, agents, engineers, employees and

23 shall organize the staff, shall allocate their functions and

24 duties, fix compensation and conditions of employment, and

25 consistent with the policies of and direction from the

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1 Suburban Bus Board take all actions necessary to achieve its

2 purposes, fulfill its responsibilities and carry out its

3 powers, and shall have such other powers and responsibilities

4 as the Suburban Bus Board and the Board of the Authority shall

5 determine. The Executive Director shall be an individual of

6 proven transportation and management skills and may not be a

7 member of the Suburban Bus Board. The Division may employ its

8 own professional management personnel to provide professional

9 and technical expertise concerning its purposes and powers and

10 to assist it in assessing the performance of transportation

11 agencies in the metropolitan region.

12 No employee, officer, or agent of the Suburban Bus Board

13 may receive a bonus that exceeds 10% of his or her annual

14 salary unless that bonus has been reviewed by the ~~Regional~~

15 ~~Transportation~~ Authority Board for a period of 14 days. After

16 14 days, the contract shall be considered reviewed. This

17 Section does not apply to usual and customary salary

18 adjustments.

19 No unlawful discrimination, as defined and prohibited in

20 the Illinois Human Rights Act, shall be made in any term or

21 aspect of employment nor shall there be discrimination based

22 upon political reasons or factors. The Suburban Bus Board

23 shall establish regulations to insure that its discharges

24 shall not be arbitrary and that hiring and promotion are based

25 on merit.

26 The Division shall be subject to the "Illinois Human

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1 Rights Act", as now or hereafter amended, and the remedies and

2 procedure established thereunder. The Suburban Bus Board shall

3 file an affirmative action program for employment by it with

4 the Department of Human Rights to ensure that applicants are

5 employed and that employees are treated during employment,

6 without regard to unlawful discrimination. Such affirmative

7 action program shall include provisions relating to hiring,

8 upgrading, demotion, transfer, recruitment, recruitment

9 advertising, selection for training and rates of pay or other

10 forms of compensation.

11 (Source: P.A. 98-1027, eff. 1-1-15.)

12 (70 ILCS 3615/3A.06) (from Ch. 111 2/3, par. 703A.06)

13 Sec. 3A.06. Compensation. The members ~~Chairman~~ of the

14 Suburban Bus Board shall receive an annual salary of $15,000;

15 except that members of the Commuter Rail Board that are also

16 members of the Board of the Northern Illinois Transit

17 Authority shall receive $5,000 per year in addition the

18 compensation the members receive for serving on the Board of

19 the Northern Illinois Transit Authority ~~, and the other members~~

20 ~~of the Suburban Bus Board shall receive an annual salary of~~

21 ~~$10,000~~. Each member shall be reimbursed for actual expenses

22 incurred in the performance of his duties, not to exceed $5000

23 per year.

24 Officers of the Division shall not be required to comply

25 with the requirements of "An Act requiring certain custodians

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1 of public monies to file and publish statements of the

2 receipts and disbursements thereof", approved June 24, 1919,

3 as now or hereafter amended.

4 (Source: P.A. 84-939.)

5 (70 ILCS 3615/3A.07) (from Ch. 111 2/3, par. 703A.07)

6 Sec. 3A.07. Meetings. The Suburban Bus Board shall

7 prescribe the time and places for meetings and the manner in

8 which special meetings may be called. The Suburban Bus Board

9 shall comply in all respects with the "Open Meetings Act", as

10 now or hereafter amended. All records, documents and papers of

11 the Suburban Bus Division, other than those relating to

12 matters concerning which closed sessions of the Suburban Bus

13 Board may be held, shall be available for public examination,

14 subject to such reasonable regulations as the Suburban Bus

15 Board may adopt.

16 A majority of the members shall constitute a quorum for

17 the conduct of business. The affirmative votes of at least 6 ~~7~~

18 members shall be necessary for any action required by this Act

19 to be taken by ordinance.

20 Open meetings of the Board shall be broadcast to the

21 public and maintained in real-time on the Board's website

22 using a high-speed Internet connection. Recordings of each

23 meeting broadcast shall be posted to the Board's website

24 within a reasonable time after the meeting and shall be

25 maintained as public records to the extent practicable, as

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1 determined by the Board. Compliance with the provisions of

2 this amendatory Act of the 98th General Assembly does not

3 relieve the Board of its obligations under the Open Meetings

4 Act.

5 (Source: P.A. 98-1139, eff. 6-1-15.)

6 (70 ILCS 3615/3A.08) (from Ch. 111 2/3, par. 703A.08)

7 Sec. 3A.08. Jurisdiction. The Suburban Bus Board shall

8 have jurisdiction to provide ~~Any~~ public transportation by bus

9 and ADA paratransit services within the metropolitan region~~,~~

10 ~~other than public transportation by commuter rail or public~~

11 ~~transportation provided by the Chicago Transit Authority~~

12 ~~pursuant to agreements in effect on the effective date of this~~

13 ~~amendatory Act of 1983 or in the City of Chicago and any ADA~~

14 ~~paratransit services provided pursuant to Section 2.30 of the~~

15 ~~Regional Transportation Authority Act, shall be subject to the~~

16 ~~jurisdiction of the Suburban Bus Board~~.

17 (Source: P.A. 94-370, eff. 7-29-05.)

18 (70 ILCS 3615/3A.09) (from Ch. 111 2/3, par. 703A.09)

19 Sec. 3A.09. General powers.

20 (a) The Suburban Bus Board shall:

21 (1) oversee the operations and management of the

22 Service Board;

23 (2) convey the Authority's goals, priorities, and

24 requirements to the Service Board; and

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1 (3) convey information, concerns, and recommendations

2 from the Service Board to Authority leadership.

3 (b) The Suburban Bus Board shall manage the debt that was

4 issued and outstanding by its service board predecessor to

5 ensure that the obligations owed to bondholders are fulfilled.

6 (c) The Suburban Bus Board shall not have the power to

7 issue new debt other than debt or other financial instruments

8 designed to refinance or retire debt that was issued and

9 outstanding on the effective date of this amendatory Act of

10 the 104th General Assembly.

11 (d) In addition to any powers elsewhere provided to the

12 Suburban Bus Board, it shall have all of the powers specified

13 in Section 2.20 of this Act except for the powers specified in

14 Section 2.20(a)(v) that are delegated to the Suburban Bus

15 Board by the Board of the Authority.

16 (e) The Suburban Bus Board shall also have the power:

17 (1) ~~(a)~~ to cooperate with the ~~Regional~~

18 ~~Transportation~~ Authority in the exercise by the

19 ~~Regional Transportation~~ Authority of all the powers

20 granted it by such Act;

21 (2) ~~(b)~~ to receive funds from the ~~Regional~~

22 ~~Transportation~~ Authority pursuant to Sections 2.02,

23 4.01, 4.02, 4.09 and 4.10 ~~of the Regional~~

24 ~~Transportation Authority Act, all as provided in the~~

25 ~~Regional Transportation Authority Act~~;

26 (3) ~~(c)~~ to receive financial grants from the

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1 ~~Regional Transportation~~ Authority or a Service Board~~,~~

2 ~~as defined in the Regional Transportation Authority~~

3 ~~Act,~~ upon such terms and conditions as shall be set

4 forth in a grant contract between either the Suburban

5 Bus Division and the ~~Regional Transportation~~ Authority

6 or the Division and another Service Board, which

7 contract or agreement may be for such number of years

8 or duration as the parties agree~~, all as provided in~~

9 ~~the Regional Transportation Authority Act~~;

10 (4) ~~(d)~~ to perform all functions necessary for the

11 provision of paratransit services under Section 2.30

12 of this Act; and

13 ~~(e) to borrow money for the purposes of: (i)~~

14 ~~constructing a new garage in the northwestern Cook County~~

15 ~~suburbs, (ii) converting the South Cook garage in Markham~~

16 ~~to a Compressed Natural Gas facility, (iii) constructing a~~

17 ~~new paratransit garage in DuPage County, (iv) expanding~~

18 ~~the North Shore garage in Evanston to accommodate~~

19 ~~additional indoor bus parking, and (v) purchasing new~~

20 ~~transit buses. For the purpose of evidencing the~~

21 ~~obligation of the Suburban Bus Board to repay any money~~

22 ~~borrowed as provided in this subsection, the Suburban Bus~~

23 ~~Board may issue revenue bonds from time to time pursuant~~

24 ~~to ordinance adopted by the Suburban Bus Board, subject to~~

25 ~~the approval of the Regional Transportation Authority of~~

26 ~~each such issuance by the affirmative vote of 12 of its~~

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1 ~~then Directors; provided that the Suburban Bus Board may~~

2 ~~not issue bonds for the purpose of financing the~~

3 ~~acquisition, construction, or improvement of any facility~~

4 ~~other than those listed in this subsection (e). All such~~

5 ~~bonds shall be payable solely from the revenues or income~~

6 ~~or any other funds that the Suburban Bus Board may~~

7 ~~receive, provided that the Suburban Bus Board may not~~

8 ~~pledge as security for such bonds the moneys, if any, that~~

9 ~~the Suburban Bus Board receives from the Regional~~

10 ~~Transportation Authority pursuant to Section 4.03.3(f) of~~

11 ~~the Regional Transportation Authority Act. The bonds shall~~

12 ~~bear interest at a rate not to exceed the maximum rate~~

13 ~~authorized by the Bond Authorization Act and shall mature~~

14 ~~at such time or times not exceeding 25 years from their~~

15 ~~respective dates. Bonds issued pursuant to this paragraph~~

16 ~~must be issued with scheduled principal or mandatory~~

17 ~~redemption payments in equal amounts in each fiscal year~~

18 ~~over the term of the bonds, with the first principal or~~

19 ~~mandatory redemption payment scheduled within the fiscal~~

20 ~~year in which bonds are issued or within the next~~

21 ~~succeeding fiscal year. At least 25%, based on total~~

22 ~~principal amount, of all bonds authorized pursuant to this~~

23 ~~Section shall be sold pursuant to notice of sale and~~

24 ~~public bid. No more than 75%, based on total principal~~

25 ~~amount, of all bonds authorized pursuant to this Section~~

26 ~~shall be sold by negotiated sale. The maximum principal~~

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1 ~~amount of the bonds that may be issued may not exceed~~

2 ~~$100,000,000. The bonds shall have all the qualities of~~

3 ~~negotiable instruments under the laws of this State. To~~

4 ~~secure the payment of any or all of such bonds and for the~~

5 ~~purpose of setting forth the covenants and undertakings of~~

6 ~~the Suburban Bus Board in connection with the issuance~~

7 ~~thereof and the issuance of any additional bonds payable~~

8 ~~from such revenue or income as well as the use and~~

9 ~~application of the revenue or income received by the~~

10 ~~Suburban Bus Board, the Suburban Bus Board may execute and~~

11 ~~deliver a trust agreement or agreements; provided that no~~

12 ~~lien upon any physical property of the Suburban Bus Board~~

13 ~~shall be created thereby. A remedy for any breach or~~

14 ~~default of the terms of any such trust agreement by the~~

15 ~~Suburban Bus Board may be by mandamus proceedings in any~~

16 ~~court of competent jurisdiction to compel performance and~~

17 ~~compliance therewith, but the trust agreement may~~

18 ~~prescribe by whom or on whose behalf such action may be~~

19 ~~instituted. Under no circumstances shall any bonds issued~~

20 ~~by the Suburban Bus Board or any other obligation of the~~

21 ~~Suburban Bus Board in connection with the issuance of such~~

22 ~~bonds be or become an indebtedness or obligation of the~~

23 ~~State of Illinois, the Regional Transportation Authority,~~

24 ~~or any other political subdivision of or municipality~~

25 ~~within the State, nor shall any such bonds or obligations~~

26 ~~be or become an indebtedness of the Suburban Bus Board~~

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1 ~~within the purview of any constitutional limitation or~~

2 ~~provision, and it shall be plainly stated on the face of~~

3 ~~each bond that it does not constitute such an indebtedness~~

4 ~~or obligation but is payable solely from the revenues or~~

5 ~~income as aforesaid; and~~

6 (5) ~~(f)~~ to adopt ordinances and make all rules and

7 regulations proper or necessary to regulate the use,

8 operation, and maintenance of its property and

9 facilities and to carry into effect the powers granted

10 to the Suburban Bus Board, with any necessary fines or

11 penalties, such as the suspension of riding privileges

12 or confiscation of fare media under Section 2.40, as

13 the Board deems proper.

14 (f) The Service Boards shall use powers delegated to them

15 by the Authority to oversee the delivery of public

16 transportation in the metropolitan region, provided that the

17 Authority shall retain primary responsibility for setting

18 fares, service standards, schedules, and coordinated fare

19 collection so that the public transportation system in the

20 metropolitan region operates on a one-network, one-timetable,

21 one-ticket model for transit users.

22 (Source: P.A. 103-281, eff. 1-1-24.)

23 (70 ILCS 3615/3A.12) (from Ch. 111 2/3, par. 703A.12)

24 Sec. 3A.12. Working Cash Borrowing. The Suburban Bus Board

25 with the affirmative vote of 9 of its Directors may request

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1 ~~demand and direct~~ the Board of the Authority to issue Working

2 Cash Notes at such time and in such amounts and having such

3 maturities as the Suburban Bus Board deems proper, provided

4 however any such borrowing shall have been specifically

5 identified in the budget of the Suburban Bus Board as approved

6 by the Board of the Authority. Provided further, that the

7 Suburban Bus Board may not demand and direct the Board of the

8 Authority to have issued and have outstanding at any time in

9 excess of $5,000,000 in Working Cash Notes.

10 (Source: P.A. 95-906, eff. 8-26-08.)

11 (70 ILCS 3615/3B.01) (from Ch. 111 2/3, par. 703B.01)

12 Sec. 3B.01. Commuter Rail Division. There is established

13 within the Authority the Commuter Rail Division as the

14 operating division responsible for providing public

15 transportation by commuter rail. Purchase of service

16 agreements between a transportation agency and the Authority

17 in effect on the effective date of this amendatory Act shall

18 remain in full force and effect in accordance with the terms of

19 such agreement. ~~Such agreements shall first be the~~

20 ~~responsibility of the Transition Board and, on the date of its~~

21 ~~creation, shall become the responsibility of the Commuter Rail~~

22 ~~Division and its Board.~~

23 (Source: P.A. 83-885; 83-886.)

24 (70 ILCS 3615/3B.02) (from Ch. 111 2/3, par. 703B.02)

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1 Sec. 3B.02. Commuter Rail Board.

2 (a) Until April 1, 2008, the governing body of the

3 Commuter Rail Division shall be a board consisting of 7

4 directors appointed pursuant to Sections 3B.03 and 3B.04, as

5 follows:

6 (1) One director shall be appointed by the Chairman of

7 the Board of DuPage County with the advice and consent of

8 the County Board of DuPage County and shall reside in

9 DuPage County.

10 (2) Two directors appointed by the Chairmen of the

11 County Boards of Kane, Lake, McHenry and Will Counties

12 with the concurrence of not less than a majority of the

13 chairmen from such counties, from nominees by the

14 Chairmen. Each such chairman may nominate not more than

15 two persons for each position. Each such director shall

16 reside in a county in the metropolitan region other than

17 Cook or DuPage County.

18 (3) Three directors appointed by the members of the

19 Cook County Board elected from that part of Cook County

20 outside of Chicago, or, in the event such Board of

21 Commissioners becomes elected from single member

22 districts, by those Commissioners elected from districts,

23 a majority of the residents of which reside outside

24 Chicago. In either case, such appointment shall be with

25 the concurrence of four such Commissioners. Each such

26 director shall reside in that part of Cook County outside

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1 Chicago.

2 (4) One director appointed by the Mayor of the City of

3 Chicago, with the advice and consent of the City Council

4 of the City of Chicago. Such director shall reside in the

5 City of Chicago.

6 (5) The chairman shall be appointed by the directors,

7 from the members of the board, with the concurrence of 5 of

8 such directors.

9 (b) After April 1, 2008 the governing body of the Commuter

10 Rail Division shall be a board consisting of 11 directors

11 appointed, pursuant to Sections 3B.03 and 3B.04, as follows:

12 (1) One Director shall be appointed by the Chairman of

13 the DuPage County Board with the advice and consent of the

14 DuPage County Board and shall reside in DuPage County. To

15 implement the changes in appointing authority under this

16 Section, upon the expiration of the term of or vacancy in

17 office of the Director appointed under item (1) of

18 subsection (a) of this Section who resides in DuPage

19 County, a Director shall be appointed under this

20 subparagraph.

21 (2) One Director shall be appointed by the Chairman of

22 the McHenry County Board with the advice and consent of

23 the McHenry County Board and shall reside in McHenry

24 County. To implement the change in appointing authority

25 under this Section, upon the expiration of the term of or

26 vacancy in office of the Director appointed under item (2)

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1 of subsection (a) of this Section who resides in McHenry

2 County, a Director shall be appointed under this

3 subparagraph.

4 (3) One Director shall be appointed by the Will County

5 Executive with the advice and consent of the Will County

6 Board and shall reside in Will County. To implement the

7 change in appointing authority under this Section, upon

8 the expiration of the term of or vacancy in office of the

9 Director appointed under item (2) of subsection (a) of

10 this Section who resides in Will County, a Director shall

11 be appointed under this subparagraph.

12 (4) One Director shall be appointed by the Chairman of

13 the Lake County Board with the advice and consent of the

14 Lake County Board and shall reside in Lake County.

15 (5) One Director shall be appointed by the Chairman of

16 the Kane County Board with the advice and consent of the

17 Kane County Board and shall reside in Kane County.

18 (6) One Director shall be appointed by the Mayor of

19 the City of Chicago with the advice and consent of the City

20 Council of the City of Chicago and shall reside in the City

21 of Chicago. To implement the changes in appointing

22 authority under this Section, upon the expiration of the

23 term of or vacancy in office of the Director appointed

24 under item (4) of subsection (a) of this Section who

25 resides in the City of Chicago, a Director shall be

26 appointed under this subparagraph.

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1 (7) Five Directors residing in Cook County outside of

2 the City of Chicago, as follows:

3 (i) One Director who resides in Cook County

4 outside of the City of Chicago, appointed by the

5 President of the Cook County Board with the advice and

6 consent of the members of the Cook County Board.

7 (ii) One Director who resides in the township of

8 Barrington, Palatine, Wheeling, Hanover, Schaumburg,

9 or Elk Grove. To implement the changes in appointing

10 authority under this Section, upon the expiration of

11 the term of or vacancy in office of the Director

12 appointed under paragraph (3) of subsection (a) of

13 this Section who resides in the geographic area

14 described in this subparagraph, a Director shall be

15 appointed under this subparagraph.

16 (iii) One Director who resides in the township of

17 Northfield, New Trier, Maine, Niles, Evanston, Leyden,

18 Norwood Park, River Forest, or Oak Park.

19 (iv) One Director who resides in the township of

20 Proviso, Riverside, Berwyn, Cicero, Lyons, Stickney,

21 Lemont, Palos, or Orland. To implement the changes in

22 appointing authority under this Section, upon the

23 expiration of the term of or vacancy in office of the

24 Director appointed under paragraph (3) of subsection

25 (a) of this Section who resides in the geographic area

26 described in this subparagraph and whose term of

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1 office had not expired as of August 1, 2007, a Director

2 shall be appointed under this subparagraph.

3 (v) One Director who resides in the township of

4 Worth, Calumet, Bremen, Thornton, Rich, or Bloom. To

5 implement the changes in appointing authority under

6 this Section, upon the expiration of the term of or

7 vacancy in office of the Director appointed under

8 paragraph (3) of subsection (a) of this Section who

9 resides in the geographic area described in this

10 subparagraph and whose term of office had expired as

11 of August 1, 2007, a Director shall be appointed under

12 this subparagraph.

13 (vi) The Directors identified under the provisions

14 of subparagraphs (ii) through (v) of this paragraph

15 (7) shall be appointed by the members of the Cook

16 County Board. Each individual Director shall be

17 appointed by those members of the Cook County Board

18 whose Board districts overlap in whole or in part with

19 the geographic territory described in the relevant

20 subparagraph. The vote of County Board members

21 eligible to appoint directors under the provisions of

22 subparagraphs (ii) through (v) of this paragraph (7)

23 shall be weighted by the number of electors residing

24 in those portions of their Board districts within the

25 geographic territory described in the relevant

26 subparagraph (ii) through (v) of this paragraph (7).

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1 (8) The Chairman shall be appointed by the Directors,

2 from the members of the Board, with the concurrence of 8 of

3 such Directors. To implement the changes in appointing

4 authority under this Section, upon the expiration of the

5 term of or vacancy in office of the Chairman appointed

6 under item (5) of subsection (a) of this Section, a

7 Chairman shall be appointed under this subparagraph.

8 (c) No director, while serving as such, shall be an

9 officer, a member of the board of directors or trustee or an

10 employee of any transportation agency, or be an employee of

11 the State of Illinois or any department or agency thereof, or

12 of any county, municipality, or any other unit of local

13 government or receive any compensation from any elected or

14 appointed office under the Constitution and laws of Illinois.

15 (d) Each appointment made under subsections (a) and (b) of

16 this Section and under Section 3B.03 shall be certified by the

17 appointing authority to the Commuter Rail Board which shall

18 maintain the certifications as part of the official records of

19 the Commuter Rail Board.

20 (e) This Section is repealed on February 1, 2026.

21 (Source: P.A. 98-709, eff. 7-16-14.)

22 (70 ILCS 3615/3B.02.5 new)

23 Sec. 3B.02.5. Commuter Rail Board.

24 (a) The governing body of the Commuter Rail Board shall be

25 the Commuter Rail Board. Beginning February 1, 2026, the

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1 Commuter Rail Board shall consist of 11 directors appointed as

2 follows:

3 (1) One director appointed by the Governor, with the

4 advice and consent of the Senate. The director appointed

5 under this paragraph shall have an initial term of 5

6 years. The director appointed under this paragraph shall

7 also serve as a Director of the Northern Illinois Transit

8 Authority.

9 (2) Two Directors appointed by the Mayor of Chicago

10 with the advice and consent of the City Council of the City

11 of Chicago including:

12 (A) a director with an initial term of 3 years who

13 shall also serve as a Director on the Board of the

14 Authority; and

15 (B) a director with an initial term of 5 years.

16 (3) Three Directors appointed by the President of the

17 Cook County Board of Commissioners including:

18 (A) a director with an initial term of 3 years who

19 shall also serve as a Director on the Board of the

20 Authority;

21 (B) a director with an initial term of 5 years who

22 shall also serve as a Director on the Board of the

23 Authority; and

24 (C) a director with an initial term of 3 years.

25 (4) One director appointed by the Chairman of the

26 DuPage County Board. The director appointed under this

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1 paragraph shall have an initial term of 5 years.

2 (5) One director appointed by the Chairman of the Kane

3 County Board. The director appointed under this paragraph

4 shall have an initial term of 3 years.

5 (6) One director appointed by the Chairman of the Lake

6 County Board. The director appointed under this paragraph

7 shall have an initial term of 3 years. The director

8 appointed under this paragraph shall also serve as a

9 Director on the Board of the Authority.

10 (7) One director appointed by the Chairman of the

11 McHenry County Board. The director appointed under this

12 paragraph shall have an initial term of 5 years. The

13 director appointed under this paragraph shall also serve

14 as a Director on the Board of the Authority.

15 (8) One director appointed by the Chairman of the Will

16 County Board. The director appointed under this paragraph

17 shall have an initial term of 3 years.

18 (b) The subsequent terms of each director appointed under

19 subsection (a) shall be 5 years.

20 (c) The Chairman of the Commuter Rail Board shall be

21 elected by a simple majority vote by the directors of the Board

22 from among the directors of the Commuter Rail Board.

23 (d) The first Chairman of the Suburban Bus Board elected

24 after the effective date of this amendatory Act of the 104th

25 General Assembly shall be elected with the advice and consent

26 of the Senate.

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1 (e) Initial appointments of directors under subsection (a)

2 must be made in time for the directors to begin their terms on

3 February 1, 2026.

4 (f) On February 1, 2026, the terms of all directors

5 serving on the effective date of this amendatory Act of the

6 104th General Assembly shall immediately expire. If a vacancy

7 on the Board occurs before February 1, 2026, then the vacancy

8 shall be filled under Section 3B.03. Directors serving on the

9 effective date of this amendatory Act of the 104th General

10 Assembly may be reappointed under subsection (a).

11 (70 ILCS 3615/3B.03) (from Ch. 111 2/3, par. 703B.03)

12 Sec. 3B.03. Terms, Vacancies. Each director shall serve ~~be~~

13 ~~appointed for a term of 4 years, and~~ until his successor has

14 been appointed and qualified. A vacancy shall occur upon the

15 resignation, death, conviction of a felony, or removal from

16 office of a director. Any director may be removed from office

17 (i) upon the concurrence of not less than 8 directors, on a

18 formal finding of incompetence, neglect of duty, or

19 malfeasance in office or (ii) by the Governor in response to a

20 summary report received from the Executive Inspector General

21 in accordance with Section 20-50 of the State Officials and

22 Employees Ethics Act, provided he or she has an opportunity to

23 be publicly heard in person or by counsel prior to removal.

24 Within 30 days after the office of any director becomes vacant

25 for any reason, the appropriate appointing authorities of the

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1 ~~such~~ director, as provided in Section 3B.02, shall make an

2 appointment to fill the vacancy. A vacancy shall be filled for

3 the unexpired term.

4 (Source: P.A. 95-708, eff. 1-18-08; 96-1528, eff. 7-1-11.)

5 (70 ILCS 3615/3B.05) (from Ch. 111 2/3, par. 703B.05)

6 Sec. 3B.05. Appointment of officers and employees. The

7 Commuter Rail Board shall appoint an Executive Director who

8 shall be the chief executive officer of the Division,

9 appointed, retained or dismissed with the concurrence of 7 ~~8~~

10 of the directors of the Commuter Rail Board. The Executive

11 Director shall appoint, retain and employ officers, attorneys,

12 agents, engineers, employees and shall organize the staff,

13 shall allocate their functions and duties, fix compensation

14 and conditions of employment, and consistent with the policies

15 of and direction from the Commuter Rail Board take all actions

16 necessary to achieve its purposes, fulfill its

17 responsibilities and carry out its powers, and shall have such

18 other powers and responsibilities as the Commuter Rail Board

19 shall determine. The Executive Director shall be an individual

20 of proven transportation and management skills and may not be

21 a member of the Commuter Rail Board. The Division may employ

22 its own professional management personnel to provide

23 professional and technical expertise concerning its purposes

24 and powers and to assist it in assessing the performance of

25 transportation agencies in the metropolitan region.

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1 No employee, officer, or agent of the Commuter Rail Board

2 may receive a bonus that exceeds 10% of his or her annual

3 salary unless that bonus has been reviewed by the Regional

4 Transportation Authority Board for a period of 14 days. After

5 14 days, the bonus ~~contract~~ shall be considered reviewed. This

6 Section does not apply to usual and customary salary

7 adjustments.

8 No unlawful discrimination, as defined and prohibited in

9 the Illinois Human Rights Act, shall be made in any term or

10 aspect of employment nor shall there be discrimination based

11 upon political reasons or factors. The Commuter Rail Board

12 shall establish regulations to insure that its discharges

13 shall not be arbitrary and that hiring and promotion are based

14 on merit.

15 The Division shall be subject to the "Illinois Human

16 Rights Act", as now or hereafter amended, and the remedies and

17 procedure established thereunder. The Commuter Rail Board

18 shall file an affirmative action program for employment by it

19 with the Department of Human Rights to ensure that applicants

20 are employed and that employees are treated during employment,

21 without regard to unlawful discrimination. Such affirmative

22 action program shall include provisions relating to hiring,

23 upgrading, demotion, transfer, recruitment, recruitment

24 advertising, selection for training and rates of pay or other

25 forms of compensation.

26 (Source: P.A. 98-1027, eff. 1-1-15.)

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1 (70 ILCS 3615/3B.06) (from Ch. 111 2/3, par. 703B.06)

2 Sec. 3B.06. Compensation. Directors ~~The Chairman of the~~

3 ~~Commuter Rail Board shall receive an annual salary of $25,000.~~

4 ~~Other members~~ of the Commuter Rail Board shall receive an

5 annual salary of $15,000; except that members of the Commuter

6 Rail Board that are also members of the Board of the Northern

7 Illinois Transit Authority shall receive $5,000 per year in

8 addition the compensation the member receives for serving on

9 the Board of the Northern Illinois Transit Authority. Each

10 member shall be reimbursed for actual expenses incurred in the

11 performance of his duties.

12 Officers of the Division shall not be required to comply

13 with the requirements of "An Act requiring certain custodians

14 of public monies to file and publish statements of the

15 receipts and disbursements thereof", approved June 24, 1919,

16 as now or hereafter amended.

17 (Source: P.A. 83-1156.)

18 (70 ILCS 3615/3B.09) (from Ch. 111 2/3, par. 703B.09)

19 Sec. 3B.09. General Powers. The Commuter Rail Board shall

20 use powers delegated to it by the Authority to oversee the

21 delivery of public transportation in the metropolitan region.

22 However, the Authority shall retain primary responsibility for

23 setting fares, service standards, schedules, and coordinated

24 fare collection so that the public transportation system in

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1 the metropolitan region operates on a one-network,

2 one-timetable, one-ticket model for transit users.

3 In addition to any powers elsewhere provided to the

4 Commuter Rail Board, it shall have all of the powers specified

5 in Section 2.20 of this Act except for the powers specified in

6 Section 2.20(a)(v).

7 The Commuter Rail Division shall honor all outstanding

8 bond debt issued by the Commuter Rail Division on the terms

9 that the bonds were issued. The Commuter Rail Division shall

10 not have the power to issue new bond debt other than working

11 cash notes as provided in Section 3B.12, or debt or other

12 financial instruments designed to refinance or retire debt

13 that was issued and outstanding on the effective date of this

14 amendatory Act of the 104th General Assembly.

15 The Commuter Rail Board shall also have the power:

16 (a) to cooperate with the ~~Regional Transportation~~

17 Authority in the exercise by the Regional Transportation

18 Authority of all the powers granted it by such Act;

19 (b) to receive funds from the ~~Regional Transportation~~

20 Authority pursuant to Sections 2.02, 4.01, 4.02, 4.09 and 4.10

21 ~~of the "Regional Transportation Authority Act", all as~~

22 ~~provided in the "Regional Transportation Authority Act"~~;

23 (c) to receive financial grants from the ~~Regional~~

24 ~~Transportation~~ Authority or a Service Board~~, as defined in the~~

25 ~~"Regional Transportation Authority Act",~~ upon such terms and

26 conditions as shall be set forth in a grant contract between

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1 either the Commuter Rail Division and the ~~Regional~~

2 ~~Transportation~~ Authority or the Commuter Rail Division and

3 another Service Board, which contract or agreement may be for

4 such number of years or duration as the parties may agree~~, all~~

5 ~~as provided in the "Regional Transportation Authority Act"~~;

6 and

7 (d) (blank); ~~to borrow money for the purpose of acquiring,~~

8 ~~constructing, reconstructing, extending, or improving any~~

9 ~~Public Transportation Facilities (as defined in Section 1.03~~

10 ~~of the Regional Transportation Authority Act) operated by or~~

11 ~~to be operated by or on behalf of the Commuter Rail Division.~~

12 ~~For the purpose of evidencing the obligation of the Commuter~~

13 ~~Rail Board to repay any money borrowed as provided in this~~

14 ~~subsection, the Commuter Rail Board may issue revenue bonds~~

15 ~~from time to time pursuant to ordinance adopted by the~~

16 ~~Commuter Rail Board, subject to the approval of the Regional~~

17 ~~Transportation Authority of each such issuance by the~~

18 ~~affirmative vote of 12 of its then Directors; provided that~~

19 ~~the Commuter Rail Board may not issue bonds for the purpose of~~

20 ~~financing the acquisition, construction, or improvement of a~~

21 ~~corporate headquarters building. All such bonds shall be~~

22 ~~payable solely from the revenues or income or any other funds~~

23 ~~that the Commuter Rail Board may receive, provided that the~~

24 ~~Commuter Rail Board may not pledge as security for such bonds~~

25 ~~the moneys, if any, that the Commuter Rail Board receives from~~

26 ~~the Regional Transportation Authority pursuant to Section~~

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1 ~~4.03.3(f) of the Regional Transportation Authority Act. The~~

2 ~~bonds shall bear interest at a rate not to exceed the maximum~~

3 ~~rate authorized by the Bond Authorization Act and shall mature~~

4 ~~at such time or times not exceeding 25 years from their~~

5 ~~respective dates. Bonds issued pursuant to this paragraph must~~

6 ~~be issued with scheduled principal or mandatory redemption~~

7 ~~payments in equal amounts in each fiscal year over the term of~~

8 ~~the bonds, with the first principal or mandatory redemption~~

9 ~~payment scheduled within the fiscal year in which bonds are~~

10 ~~issued or within the next succeeding fiscal year. At least~~

11 ~~25%, based on total principal amount, of all bonds authorized~~

12 ~~pursuant to this Section shall be sold pursuant to notice of~~

13 ~~sale and public bid. No more than 75%, based on total principal~~

14 ~~amount, of all bonds authorized pursuant to this Section shall~~

15 ~~be sold by negotiated sale. The maximum principal amount of~~

16 ~~the bonds that may be issued and outstanding at any time may~~

17 ~~not exceed $1,000,000,000. The bonds shall have all the~~

18 ~~qualities of negotiable instruments under the laws of this~~

19 ~~State. To secure the payment of any or all of such bonds and~~

20 ~~for the purpose of setting forth the covenants and~~

21 ~~undertakings of the Commuter Rail Board in connection with the~~

22 ~~issuance thereof and the issuance of any additional bonds~~

23 ~~payable from such revenue or income as well as the use and~~

24 ~~application of the revenue or income received by the Commuter~~

25 ~~Rail Board, the Commuter Rail Board may execute and deliver a~~

26 ~~trust agreement or agreements; provided that no lien upon any~~

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1 ~~physical property of the Commuter Rail Board shall be created~~

2 ~~thereby. A remedy for any breach or default of the terms of any~~

3 ~~such trust agreement by the Commuter Rail Board may be by~~

4 ~~mandamus proceedings in any court of competent jurisdiction to~~

5 ~~compel performance and compliance therewith, but the trust~~

6 ~~agreement may prescribe by whom or on whose behalf such action~~

7 ~~may be instituted. Under no circumstances shall any bonds~~

8 ~~issued by the Commuter Rail Board or any other obligation of~~

9 ~~the Commuter Rail Board in connection with the issuance of~~

10 ~~such bonds be or become an indebtedness or obligation of the~~

11 ~~State of Illinois, the Regional Transportation Authority, or~~

12 ~~any other political subdivision of or municipality within the~~

13 ~~State, nor shall any such bonds or obligations be or become an~~

14 ~~indebtedness of the Commuter Rail Board within the purview of~~

15 ~~any constitutional limitation or provision, and it shall be~~

16 ~~plainly stated on the face of each bond that it does not~~

17 ~~constitute such an indebtedness or obligation but is payable~~

18 ~~solely from the revenues or income as aforesaid.~~

19 (e) to oversee the operations and management of the

20 Commuter Rail Division;

21 (f) to convey the Authority's goals, priorities, and

22 requirements to the Division; and

23 (g) to convey information, concerns, and recommendations

24 from the Division to Authority leadership.

25 (Source: P.A. 95-708, eff. 1-18-08.)

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1 (70 ILCS 3615/3B.10.5 new)

2 Sec. 3B.10.5. Budget and Program. The Suburban Bus Board,

3 subject to the powers of the Authority, shall by ordinance

4 appropriate money to perform the Division's purposes and

5 provide for payment of debts and expenses of the Division.

6 Each year as part of the process set forth in Section 4.11 the

7 Authority shall prepare and publish a comprehensive annual

8 budget and proposed 5-year capital program document, and a

9 financial plan for the 2 years thereafter describing the state

10 of the Division and presenting for the forthcoming fiscal year

11 and the 2 following years the Division's plans for such

12 operations and capital expenditures as it intends to undertake

13 and the means by which it intends to finance them. The proposed

14 budget, financial plan, and 5-year capital program shall be

15 based on the Authority's estimate of funds to be made

16 available to the Suburban Bus Board by or through the

17 Authority and shall conform in all respects to the

18 requirements established by the Authority. The proposed

19 budget, financial plan, and 5-year capital program shall

20 contain a statement of the funds estimated to be on hand at the

21 beginning of the fiscal year, the funds estimated to be

22 received from all sources for such year and the funds

23 estimated to be on hand at the end of such year. The fiscal

24 year of the Division shall be the same as the fiscal year of

25 the Authority. The proposed budget, financial plan, and 5-year

26 capital program shall be included in the Authority's public

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1 hearings under section 4.11 of the RTA Act. The budget,

2 financial plan, and 5-year capital program shall then be

3 finalized by the Authority as provided in Section 4.11. The

4 ordinance adopted by the Authority as provided in Section 4.11

5 shall appropriate such sums of money as are deemed necessary

6 to defray all necessary expenses and obligations of the

7 Division, specifying purposes and the objects or programs for

8 which appropriations are made and the amount appropriated for

9 each object or program. Additional appropriations, transfers

10 between items and other changes in such ordinance which do not

11 alter the basis upon which the balanced budget determination

12 was made by the Board of the Authority may be made from time to

13 time by the Suburban Bus Board.

14 (70 ILCS 3615/3B.12) (from Ch. 111 2/3, par. 703B.12)

15 Sec. 3B.12. Working Cash Borrowing. The Commuter Rail

16 Board with the affirmative vote of 6 ~~7~~ of its Directors may

17 request ~~demand and direct~~ the Board of the Authority to issue

18 Working Cash Notes at such time and in such amounts and having

19 such maturities as the Commuter Rail Board deems proper,

20 provided however any such borrowing shall have been

21 specifically identified in the budget of the Commuter Rail

22 Board as approved by the Board of the Authority. Provided

23 further, that the Commuter Rail Board may not demand and

24 direct the Board of the Authority to have issued and have

25 outstanding at any time in excess of $20,000,000 in Working

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1 Cash Notes.

2 (Source: P.A. 95-708, eff. 1-18-08.)

3 (70 ILCS 3615/3B.26)

4 Sec. 3B.26. Employment contracts. Except as otherwise

5 provided in Section 3B.13, before the Commuter Rail Board may

6 enter into or amend any employment contract in excess of

7 $100,000, the Commuter Rail Board must submit that contract or

8 amendment to the Board for review for a period of 14 days.

9 After 14 days, the contract shall be considered reviewed. This

10 Section applies only to contracts entered into or amended on

11 or after the effective date of this amendatory Act of the 98th

12 General Assembly.

13 Before the Board of the Regional Transportation Authority

14 may enter into or amend any employment contract in excess of

15 $100,000, the Board must submit that contract to the Chairman

16 and Minority Spokesman of the Transportation Regulations Roads

17 and Bridges ~~Mass Transit~~ Committee, or its successor

18 committee, of the House of Representatives, and to the

19 Chairman and Minority Spokesman of the Transportation

20 Committee, or its successor committee, of the Senate.

21 (Source: P.A. 98-1027, eff. 1-1-15.)

22 (70 ILCS 3615/4.01) (from Ch. 111 2/3, par. 704.01)

23 Sec. 4.01. Budget and Program.

24 (a) The Board shall control the finances of the Authority.

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1 It shall, by ordinance adopted by the affirmative vote of at

2 least 12 of its then Directors:

3 (1) ~~(i)~~ appropriate money to perform the Authority's

4 purposes and provide for payment of debts and expenses of

5 the Authority; ~~, (ii) take action with respect to the~~

6 ~~budget and two-year financial plan of each Service Board,~~

7 ~~as provided in Section 4.11,~~ and

8 (2) ~~(iii)~~ adopt an Annual Budget and 2-Year ~~Two-Year~~

9 Financial Plan for the Authority that includes the Annual

10 Budget ~~annual budget~~ and 2-Year ~~two-year~~ financial plan of

11 each Service Board ~~that has been approved by the~~

12 ~~Authority~~.

13 (a-5) The Annual Budget and 2-Year ~~Two-Year~~ Financial Plan

14 shall contain a statement of the funds estimated to be on hand

15 for the Authority and each Service Board at the beginning of

16 the fiscal year, the funds estimated to be received from all

17 sources for such year, the estimated expenses and obligations

18 of the Authority and each Service Board for all purposes,

19 including expenses for contributions to be made with respect

20 to pension and other employee benefits, and the funds

21 estimated to be on hand at the end of such year.

22 (a-10) The fiscal year of the Authority and each Service

23 Board shall begin on January 1st and end on the succeeding

24 December 31st.

25 (a-15) The Annual Budget and 2-Year Financial Plan shall

26 be prepared as follows:

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1 (1) By July 1st of each year the Director of the

2 Illinois Governor's Office of Management and Budget

3 ~~(formerly Bureau of the Budget)~~ shall submit to the

4 Authority an estimate of revenues for the next fiscal year

5 of the Authority to be collected from the taxes imposed by

6 the Authority and the amounts to be available in the

7 Public Transportation Fund and the Northern Illinois

8 Transit Authority Occupation and Use Tax Replacement Fund

9 ~~Regional Transportation Authority Occupation and Use Tax~~

10 ~~Replacement Fund~~ and the amounts otherwise to be

11 appropriated by the State to the Authority for its

12 purposes.

13 (2) Before the Authority may adopt its annual

14 appropriation and Annual Budget and 2-Year Financial Plan

15 ordinance, based upon the revenue estimates the Authority

16 receives under paragraph (1) and the estimates of amounts

17 to be available from State and other sources, the Board

18 shall advise each Service Board of the amounts estimated

19 to be available for the Service Board during the fiscal

20 year and the 2 following fiscal years and the times at

21 which the amounts shall be available to the Service Board.

22 (3) Before the Authority may adopt its annual

23 appropriation and Annual Budget and 2-Year Financial Plan

24 ordinance, the Authority shall provide the Service Boards

25 with a proposed Annual Budget and 2-Year Financial Plan.

26 At the same time that the Authority provides a copy of the

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1 proposed Annual Budget and 2-year Financial Plan to the

2 Service Boards, the Authority shall make the proposed

3 Annual Budget and 2-Year Financial Plan available to the

4 public on its website. After the Authority makes the

5 proposed Annual Budget and 2-Year Financial Plan available

6 to the public on its website, the Authority shall also

7 hold at least 3 public hearings in Cook County and one

8 public hearing in each of the other counties in the

9 metropolitan region and shall meet with the county board

10 or its designee of each of the several counties in the

11 metropolitan region.

12 (4) Before the Authority may adopt its annual

13 appropriation and Annual Budget and 2-Year Financial Plan

14 ordinance, the Service Boards shall review the proposed

15 Annual Budget and 2-Year Financial Plan and adopt, by the

16 affirmative vote of a majority of each Service Board's

17 then Directors a budget recommendation ordinance

18 describing any modifications to the Authority's proposed

19 Annual Budget and 2-Year Financial Plan that are deemed

20 necessary by the Service Boards to provide the service

21 described in the regionwide service plan adopted by the

22 Authority.

23 (5) ~~The Authority shall file a copy of its Annual~~

24 ~~Budget and Two-Year Financial Plan with the General~~

25 ~~Assembly and the Governor after its adoption. Before the~~

26 ~~proposed Annual Budget and Two-Year Financial Plan is~~

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1 ~~adopted, the Authority shall hold at least one public~~

2 ~~hearing thereon in the metropolitan region, and shall meet~~

3 ~~with the county board or its designee of each of the~~

4 ~~several counties in the metropolitan region.~~ After

5 conducting the ~~such~~ hearings and holding the ~~such~~ meetings

6 required under this subsection and after making the ~~such~~

7 changes in the proposed Annual Budget and 2-Year ~~Two-Year~~

8 Financial Plan as the Authority ~~Board~~ deems appropriate,

9 the Authority ~~Board~~ shall adopt its annual appropriation

10 and Annual Budget and 2-Year ~~Two-Year~~ Financial Plan

11 ordinance. The ordinance may be adopted only upon the

12 affirmative votes of 12 of its then Directors. The

13 ordinance shall appropriate such sums of money as are

14 deemed necessary to defray all necessary expenses and

15 obligations of the Authority and the Service Boards,

16 specifying purposes and the objects or programs for which

17 appropriations are made and the amount appropriated for

18 each object or program. Additional appropriations,

19 transfers between items and other changes in such

20 ordinance may be made from time to time by the Board upon

21 the affirmative votes of 12 of its then Directors.

22 (b) The Annual Budget and 2-Year ~~Two-Year~~ Financial Plan

23 shall show a balance between anticipated revenues from all

24 sources and anticipated expenses including funding of

25 operating deficits or the discharge of encumbrances incurred

26 in prior periods and payment of principal and interest when

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1 due, and shall show cash balances sufficient to pay with

2 reasonable promptness all obligations and expenses as

3 incurred.

4 (b-3) The Authority shall file a copy of its Annual Budget

5 and 2-Year Financial Plan with the General Assembly and the

6 Governor after its adoption.

7 ~~The Annual Budget and Two-Year Financial Plan must show:~~

8 ~~(i) that the level of fares and charges for mass~~

9 ~~transportation provided by, or under grant or purchase of~~

10 ~~service contracts of, the Service Boards is sufficient to~~

11 ~~cause the aggregate of all projected fare revenues from~~

12 ~~such fares and charges received in each fiscal year to~~

13 ~~equal at least 50% of the aggregate costs of providing~~

14 ~~such public transportation in such fiscal year. However,~~

15 ~~due to the fiscal impacts of the COVID-19 pandemic, the~~

16 ~~aggregate of all projected fare revenues from such fares~~

17 ~~and charges received in fiscal years 2021, 2022, 2023,~~

18 ~~2024, and 2025 may be less than 50% of the aggregate costs~~

19 ~~of providing such public transportation in those fiscal~~

20 ~~years. "Fare revenues" include the proceeds of all fares~~

21 ~~and charges for services provided, contributions received~~

22 ~~in connection with public transportation from units of~~

23 ~~local government other than the Authority, except for~~

24 ~~contributions received by the Chicago Transit Authority~~

25 ~~from a real estate transfer tax imposed under subsection~~

26 ~~(i) of Section 8-3-19 of the Illinois Municipal Code, and~~

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1 ~~from the State pursuant to subsection (i) of Section~~

2 ~~2705-305 of the Department of Transportation Law (20 ILCS~~

3 ~~2705/2705-305), and all other operating revenues properly~~

4 ~~included consistent with generally accepted accounting~~

5 ~~principles but do not include: the proceeds of any~~

6 ~~borrowings, and, beginning with the 2007 fiscal year, all~~

7 ~~revenues and receipts, including but not limited to fares~~

8 ~~and grants received from the federal, State or any unit of~~

9 ~~local government or other entity, derived from providing~~

10 ~~ADA paratransit service pursuant to Section 2.30 of the~~

11 ~~Regional Transportation Authority Act. "Costs" include all~~

12 ~~items properly included as operating costs consistent with~~

13 ~~generally accepted accounting principles, including~~

14 ~~administrative costs, but do not include: depreciation;~~

15 ~~payment of principal and interest on bonds, notes or other~~

16 ~~evidences of obligation for borrowed money issued by the~~

17 ~~Authority; payments with respect to public transportation~~

18 ~~facilities made pursuant to subsection (b) of Section 2.20~~

19 ~~of this Act; any payments with respect to rate protection~~

20 ~~contracts, credit enhancements or liquidity agreements~~

21 ~~made under Section 4.14; any other cost to which it is~~

22 ~~reasonably expected that a cash expenditure will not be~~

23 ~~made; costs for passenger security including grants,~~

24 ~~contracts, personnel, equipment and administrative~~

25 ~~expenses, except in the case of the Chicago Transit~~

26 ~~Authority, in which case the term does not include costs~~

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1 ~~spent annually by that entity for protection against crime~~

2 ~~as required by Section 27a of the Metropolitan Transit~~

3 ~~Authority Act; the payment by the Chicago Transit~~

4 ~~Authority of Debt Service, as defined in Section 12c of~~

5 ~~the Metropolitan Transit Authority Act, on bonds or notes~~

6 ~~issued pursuant to that Section; the payment by the~~

7 ~~Commuter Rail Division of debt service on bonds issued~~

8 ~~pursuant to Section 3B.09; expenses incurred by the~~

9 ~~Suburban Bus Division for the cost of new public~~

10 ~~transportation services funded from grants pursuant to~~

11 ~~Section 2.01e of this amendatory Act of the 95th General~~

12 ~~Assembly for a period of 2 years from the date of~~

13 ~~initiation of each such service; costs as exempted by the~~

14 ~~Board for projects pursuant to Section 2.09 of this Act;~~

15 ~~or, beginning with the 2007 fiscal year, expenses related~~

16 ~~to providing ADA paratransit service pursuant to Section~~

17 ~~2.30 of the Regional Transportation Authority Act; and in~~

18 ~~fiscal years 2008 through 2012 inclusive, costs in the~~

19 ~~amount of $200,000,000 in fiscal year 2008, reducing by~~

20 ~~$40,000,000 in each fiscal year thereafter until this~~

21 ~~exemption is eliminated; and~~

22 ~~(ii) that the level of fares charged for ADA~~

23 ~~paratransit services is sufficient to cause the aggregate~~

24 ~~of all projected revenues from such fares charged and~~

25 ~~received in each fiscal year to equal at least 10% of the~~

26 ~~aggregate costs of providing such ADA paratransit~~

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1 ~~services. However, due to the fiscal impacts of the~~

2 ~~COVID-19 pandemic, the aggregate of all projected fare~~

3 ~~revenues from such fares and charges received in fiscal~~

4 ~~years 2021, 2022, 2023, 2024, and 2025 may be less than 10%~~

5 ~~of the aggregate costs of providing such ADA paratransit~~

6 ~~services in those fiscal years. For purposes of this Act,~~

7 ~~the percentages in this subsection (b)(ii) shall be~~

8 ~~referred to as the "system generated ADA paratransit~~

9 ~~services revenue recovery ratio". For purposes of the~~

10 ~~system generated ADA paratransit services revenue recovery~~

11 ~~ratio, "costs" shall include all items properly included~~

12 ~~as operating costs consistent with generally accepted~~

13 ~~accounting principles. However, the Board may exclude from~~

14 ~~costs an amount that does not exceed the allowable~~

15 ~~"capital costs of contracting" for ADA paratransit~~

16 ~~services pursuant to the Federal Transit Administration~~

17 ~~guidelines for the Urbanized Area Formula Program.~~

18 The Authority shall file a statement certifying that the

19 Service Boards published the data described in subsection

20 (b-5) with the General Assembly and the Governor after

21 adoption of the Annual Budget and 2-Year ~~Two-Year~~ Financial

22 Plan required by subsection (a). If the Authority fails to

23 file a statement certifying publication of the data, then the

24 appropriations to the Department of Transportation for grants

25 to the Authority intended to reimburse the Service Boards for

26 providing free and reduced fares shall be withheld.

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1 (b-5) Each fiscal year ~~For fiscal years 2024 and 2025~~, the

2 Service Boards must publish a monthly comprehensive set of

3 data regarding transit service and safety. The data included

4 shall include information to track operations including:

5 (1) staffing levels, including numbers of budgeted

6 positions, current positions employed, hired staff,

7 attrition, staff in training, and absenteeism rates;

8 (2) scheduled service and delivered service, including

9 percentage of scheduled service delivered by day, service

10 by mode of transportation, service by route and rail line,

11 total number of revenue miles driven, excess wait times by

12 day, by mode of transportation, by bus route, and by stop;

13 and

14 (3) safety on the system, including the number of

15 incidents of crime and code of conduct violations on

16 system, any performance measures used to evaluate the

17 effectiveness of investments in private security, safety

18 equipment, and other security investments in the system.

19 If no performance measures exist to evaluate the

20 effectiveness of these safety investments, the Service

21 Boards and Authority shall develop and publish these

22 performance measures.

23 The Authority and Service Boards shall solicit input and

24 ideas on publishing data on the service reliability,

25 operations, and safety of the system from the public and

26 groups representing transit riders, workers, and businesses.

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1 (c) The actual administrative expenses of the Authority

2 for the fiscal year commencing January 1, 1985 may not exceed

3 $5,000,000. The actual administrative expenses of the

4 Authority for the fiscal year commencing January 1, 1986, and

5 for each fiscal year thereafter shall not exceed the maximum

6 administrative expenses for the previous fiscal year plus 5%.

7 "Administrative expenses" are defined for purposes of this

8 Section as all expenses except: (1) capital expenses and

9 purchases of the Authority on behalf of the Service Boards;

10 (2) payments to Service Boards; and (3) payment of principal

11 and interest on bonds, notes or other evidence of obligation

12 for borrowed money issued by the Authority; (4) costs for

13 passenger security including grants, contracts, personnel,

14 equipment and administrative expenses; (5) payments with

15 respect to public transportation facilities made pursuant to

16 subsection (b) of Section 2.20 of this Act; and (6) any

17 payments with respect to rate protection contracts, credit

18 enhancements or liquidity agreements made pursuant to Section

19 4.14.

20 (d) This subsection applies only until the Department

21 begins administering and enforcing an increased tax under

22 subsection (m) of Section 4.03 ~~Section 4.03(m)~~ as authorized

23 by this amendatory Act of the 95th General Assembly. After

24 withholding 15% of the proceeds of any tax imposed by the

25 Authority and 15% of money received by the Authority from the

26 Regional Transportation Authority Occupation and Use Tax

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1 Replacement Fund, the Board shall allocate the proceeds and

2 money remaining to the Service Boards as follows: (1) an

3 amount equal to 85% of the proceeds of those taxes collected

4 within the City of Chicago and 85% of the money received by the

5 Authority on account of transfers to the Regional

6 Transportation Authority Occupation and Use Tax Replacement

7 Fund from the County and Mass Transit District Fund

8 attributable to retail sales within the City of Chicago shall

9 be allocated to the Chicago Transit Authority; (2) an amount

10 equal to 85% of the proceeds of those taxes collected within

11 Cook County outside the City of Chicago and 85% of the money

12 received by the Authority on account of transfers to the

13 Regional Transportation Authority Occupation and Use Tax

14 Replacement Fund from the County and Mass Transit District

15 Fund attributable to retail sales within Cook County outside

16 of the city of Chicago shall be allocated 30% to the Chicago

17 Transit Authority, 55% to the Commuter Rail Board and 15% to

18 the Suburban Bus Board; and (3) an amount equal to 85% of the

19 proceeds of the taxes collected within the Counties of DuPage,

20 Kane, Lake, McHenry and Will shall be allocated 70% to the

21 Commuter Rail Board and 30% to the Suburban Bus Board.

22 (e) This subsection applies only until the Department

23 begins administering and enforcing an increased tax under

24 Section 4.03(m) as authorized by this amendatory Act of the

25 95th General Assembly. Moneys received by the Authority on

26 account of transfers to the Regional Transportation Authority

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1 Occupation and Use Tax Replacement Fund from the State and

2 Local Sales Tax Reform Fund shall be allocated among the

3 Authority and the Service Boards as follows: 15% of such

4 moneys shall be retained by the Authority and the remaining

5 85% shall be transferred to the Service Boards as soon as may

6 be practicable after the Authority receives payment. Moneys

7 which are distributable to the Service Boards pursuant to the

8 preceding sentence shall be allocated among the Service Boards

9 on the basis of each Service Board's distribution ratio. The

10 term "distribution ratio" means, for purposes of this

11 subsection (e) of this Section 4.01, the ratio of the total

12 amount distributed to a Service Board pursuant to subsection

13 (d) of Section 4.01 for the immediately preceding calendar

14 year to the total amount distributed to all of the Service

15 Boards pursuant to subsection (d) of Section 4.01 for the

16 immediately preceding calendar year.

17 (f) To carry out its duties and responsibilities under

18 this Act, the Board shall employ staff which shall:

19 (1) propose for adoption by the Board of the Authority

20 rules for the Service Boards that establish (i) forms and

21 schedules to be used and information required to be

22 provided with respect to a 5-Year Capital Program

23 ~~five-year capital program~~, an Annual Budget ~~annual~~

24 ~~budgets,~~ and 2-Year Financial Plan, and each Service

25 Board's annual budget and 2-year financial plan, ~~two-year~~

26 ~~financial plans~~ and regular reporting of actual results

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1 against adopted budgets and financial plans, (ii)

2 financial practices to be followed in the budgeting and

3 expenditure of public funds, (iii) assumptions and

4 projections that must be followed in preparing and

5 submitting its Annual Budget ~~annual budget~~ and 2-Year

6 Financial Plan ~~two-year financial plan~~ or a 5-Year Capital

7 Program ~~five-year capital program~~;

8 (2) evaluate for the Board public transportation

9 programs operated or proposed by the Service Boards and

10 transportation agencies in terms of the goals and

11 objectives set out in the Strategic Plan;

12 (3) keep the Board and the public informed of the

13 extent to which the Service Boards and transportation

14 agencies are meeting the goals and objectives adopted by

15 the Authority in the Strategic Plan; and

16 (4) assess the efficiency or adequacy of public

17 transportation services provided by a Service Board and

18 make recommendations for change in that service to the end

19 that the moneys available to the Authority may be expended

20 in the most economical manner possible with the least

21 possible duplication.

22 (g) All Service Boards, transportation agencies,

23 comprehensive planning agencies, including the Chicago

24 Metropolitan Agency for Planning, or transportation planning

25 agencies in the metropolitan region shall furnish to the

26 Authority such information pertaining to public transportation

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1 or relevant for plans therefor as it may from time to time

2 require. The Executive Director, or his or her designee,

3 shall, for the purpose of securing any such information

4 necessary or appropriate to carry out any of the powers and

5 responsibilities of the Authority under this Act, have access

6 to, and the right to examine, all books, documents, papers or

7 records of a Service Board or any transportation agency

8 receiving funds from the Authority or Service Board, and such

9 Service Board or transportation agency shall comply with any

10 request by the Executive Director, or his or her designee,

11 within 30 days or an extended time provided by the Executive

12 Director.

13 (h) No Service Board shall undertake any capital

14 improvement which is not identified in the 5-Year ~~Five-Year~~

15 Capital Program.

16 (i) Each Service Board shall furnish to the Board access

17 to its financial information including, but not limited to,

18 audits and reports. The Board shall have real-time access to

19 the financial information of the Service Boards; however, the

20 Board shall be granted read-only access to the Service Board's

21 financial information.

22 (Source: P.A. 102-678, eff. 12-10-21; 103-281, eff. 1-1-24.)

23 (70 ILCS 3615/4.01b new)

24 Sec. 4.01b. System generated revenue recovery ratios.

25 (a) As used in this Section:

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1 "Costs" includes all items properly included as operating

2 costs consistent with generally accepted accounting principles

3 incurred by the Authority and its Service Boards. "Costs" does

4 not include costs related to providing ADA paratransit

5 service.

6 "System generated revenue" includes passenger fares and

7 ancillary revenue from sources such as the lease of space,

8 advertising, and investment income.

9 (b) The Authority shall determine the ratio of system

10 generated revenues for public transportation in the

11 metropolitan region compared to the aggregate of all costs of

12 providing public transportation.

13 (c) Until January 1, 2029, the Authority shall report its

14 system generated revenue recovery ratio as part of the

15 Authority's Annual Budget and 2-Year Financial Plan.

16 (1) The Annual Budget and 2-Year Financial Plan must

17 show that the system generated revenue received in each

18 fiscal year shall equal at least 25% of the costs of

19 providing public transportation in that fiscal year. The

20 Annual Budget and 2-Year Financial Plan must show that the

21 level of fares charged and received in each fiscal year

22 shall equal at least 5% of the aggregate of costs of

23 providing ADA paratransit services.

24 (2) The Authority shall file a statement certifying

25 that the Service Boards published the data described in

26 this Section with the General Assembly and the Governor

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1 after adoption of the Annual Budget and 2-Year Financial

2 Plan. If the Authority fails to file a statement

3 certifying the system generated revenue recovery ratio as

4 required in this Section, then the appropriations to the

5 Department of Transportation for grants to the Authority

6 intended to reimburse the Service Boards for providing

7 free and reduced fares shall be withheld.

8 (3) If the system generated revenues are less than 25%

9 of said costs, the Board shall remit an amount equal to the

10 amount of the deficit to the State. The Treasurer shall

11 deposit any payment made under this paragraph in the Road

12 Fund.

13 (d) Beginning January 1, 2029, The Authority shall report

14 its system generated revenue recovery ratio within 6 months of

15 the end of each fiscal year. If the Authority's system

16 generated revenue recovery ratio falls below 20% for 2

17 consecutive years, then the Board of Directors shall:

18 (1) report this fact to the General Assembly and the

19 Governor and provide a summary of fare adjustments made

20 under Section 2.04;

21 (2) consider whether additional fare adjustments or

22 other changes are necessary to increase system generated

23 revenue, reduce costs, or both.

24 (e) Nothing in this Section shall diminish or impair the

25 rights of any employee employed by the Authority or any

26 Service Board or any organization of employees representing

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1 employees of the Authority or any Service Board.

2 (f) The Authority shall separately calculate a system

3 generated revenue recovery ratio for ADA paratransit service.

4 The Authority shall report this ratio in its annual

5 certification under subsection (d) Section 2.02 and shall take

6 the actions required under subsection (c) of this Section if

7 the ADA paratransit service system generated recovery ratio

8 falls below 5% for 2 consecutive years.

9 (g) The Authority shall document the system generated

10 recovery ratio in the Authority's Annual Budget and 2-Year

11 Financial Plan.

12 (h) Upon the request of the House of Representatives or

13 the Senate, the Chair of the Board of the Authority, the chair

14 of the board of a Service Board, or any other employee of the

15 Authority or Service Board requested by the House of

16 Representatives or Senate shall attend a hearing before the

17 House of Representatives or Senate regarding the reported

18 system generated revenue recovery ratios.

19 (70 ILCS 3615/4.03)

20 Sec. 4.03. Taxes.

21 (a) In order to carry out any of the powers or purposes of

22 the Authority, the Board may, by ordinance adopted with the

23 concurrence of 12 of the then Directors, impose throughout the

24 metropolitan region any or all of the taxes provided in this

25 Section. Except as otherwise provided in this Act, taxes

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1 imposed under this Section and civil penalties imposed

2 incident thereto shall be collected and enforced by the State

3 Department of Revenue. The Department shall have the power to

4 administer and enforce the taxes and to determine all rights

5 for refunds for erroneous payments of the taxes. Nothing in

6 Public Act 95-708 is intended to invalidate any taxes

7 currently imposed by the Authority. The increased vote

8 requirements to impose a tax shall only apply to actions taken

9 after January 1, 2008 (the effective date of Public Act

10 95-708).

11 (b) The Board may impose a public transportation tax upon

12 all persons engaged in the metropolitan region in the business

13 of selling at retail motor fuel for operation of motor

14 vehicles upon public highways. The tax shall be at a rate not

15 to exceed 5% of the gross receipts from the sales of motor fuel

16 in the course of the business. As used in this Act, the term

17 "motor fuel" shall have the same meaning as in the Motor Fuel

18 Tax Law. The Board may provide for details of the tax. The

19 provisions of any tax shall conform, as closely as may be

20 practicable, to the provisions of the Municipal Retailers

21 Occupation Tax Act, including, without limitation, conformity

22 to penalties with respect to the tax imposed and as to the

23 powers of the State Department of Revenue to promulgate and

24 enforce rules and regulations relating to the administration

25 and enforcement of the provisions of the tax imposed, except

26 that reference in the Act to any municipality shall refer to

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1 the Authority and the tax shall be imposed only with regard to

2 receipts from sales of motor fuel in the metropolitan region,

3 at rates as limited by this Section.

4 (c) In connection with the tax imposed under paragraph (b)

5 of this Section, the Board may impose a tax upon the privilege

6 of using in the metropolitan region motor fuel for the

7 operation of a motor vehicle upon public highways, the tax to

8 be at a rate not in excess of the rate of tax imposed under

9 paragraph (b) of this Section. The Board may provide for

10 details of the tax.

11 (d) The Board may impose a motor vehicle parking tax upon

12 the privilege of parking motor vehicles at off-street parking

13 facilities in the metropolitan region at which a fee is

14 charged, and may provide for reasonable classifications in and

15 exemptions to the tax, for administration and enforcement

16 thereof and for civil penalties and refunds thereunder and may

17 provide criminal penalties thereunder, the maximum penalties

18 not to exceed the maximum criminal penalties provided in the

19 Retailers' Occupation Tax Act. The Authority may collect and

20 enforce the tax itself or by contract with any unit of local

21 government. The State Department of Revenue shall have no

22 responsibility for the collection and enforcement unless the

23 Department agrees with the Authority to undertake the

24 collection and enforcement. As used in this paragraph, the

25 term "parking facility" means a parking area or structure

26 having parking spaces for more than 2 vehicles at which motor

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1 vehicles are permitted to park in return for an hourly, daily,

2 or other periodic fee, whether publicly or privately owned,

3 but does not include parking spaces on a public street, the use

4 of which is regulated by parking meters.

5 (e) The Board may impose a Regional Transportation

6 Authority Retailers' Occupation Tax upon all persons engaged

7 in the business of selling tangible personal property at

8 retail in the metropolitan region. In Cook County, the tax

9 rate shall be 1.25% of the gross receipts from sales of food

10 for human consumption that is to be consumed off the premises

11 where it is sold (other than alcoholic beverages, food

12 consisting of or infused with adult use cannabis, soft drinks,

13 candy, and food that has been prepared for immediate

14 consumption) and tangible personal property taxed at the 1%

15 rate under the Retailers' Occupation Tax Act, and 1% of the

16 gross receipts from other taxable sales made in the course of

17 that business. In DuPage, Kane, Lake, McHenry, and Will

18 counties, the tax rate shall be 0.75% of the gross receipts

19 from all taxable sales made in the course of that business. The

20 rate of tax imposed in DuPage, Kane, Lake, McHenry, and Will

21 counties under this Section on sales of aviation fuel on or

22 after December 1, 2019 shall, however, be 0.25% unless the

23 ~~Regional Transportation~~ Authority in DuPage, Kane, Lake,

24 McHenry, and Will counties has an "airport-related purpose"

25 and the additional 0.50% of the 0.75% tax on aviation fuel is

26 expended for airport-related purposes. If there is no

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1 airport-related purpose to which aviation fuel tax revenue is

2 dedicated, then aviation fuel is excluded from the additional

3 0.50% of the 0.75% tax. The tax imposed under this Section and

4 all civil penalties that may be assessed as an incident

5 thereof shall be collected and enforced by the State

6 Department of Revenue. The Department shall have full power to

7 administer and enforce this Section; to collect all taxes and

8 penalties so collected in the manner hereinafter provided; and

9 to determine all rights to credit memoranda arising on account

10 of the erroneous payment of tax or penalty hereunder. In the

11 administration of, and compliance with this Section, the

12 Department and persons who are subject to this Section shall

13 have the same rights, remedies, privileges, immunities,

14 powers, and duties, and be subject to the same conditions,

15 restrictions, limitations, penalties, exclusions, exemptions,

16 and definitions of terms, and employ the same modes of

17 procedure, as are prescribed in Sections 1, 1a, 1a-1, 1c, 1d,

18 1e, 1f, 1i, 1j, 2 through 2-65 (in respect to all provisions

19 therein other than the State rate of tax), 2c, 3 (except as to

20 the disposition of taxes and penalties collected, and except

21 that the retailer's discount is not allowed for taxes paid on

22 aviation fuel that are subject to the revenue use requirements

23 of 49 U.S.C. 47107(b) and 49 U.S.C. 47133), 4, 5, 5a, 5b, 5c,

24 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 6d, 7, 8, 9,

25 10, 11, 12, and 13 of the Retailers' Occupation Tax Act and

26 Section 3-7 of the Uniform Penalty and Interest Act, as fully

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1 as if those provisions were set forth herein.

2 The Board and DuPage, Kane, Lake, McHenry, and Will

3 counties must comply with the certification requirements for

4 airport-related purposes under Section 2-22 of the Retailers'

5 Occupation Tax Act. For purposes of this Section,

6 "airport-related purposes" has the meaning ascribed in Section

7 6z-20.2 of the State Finance Act. This exclusion for aviation

8 fuel only applies for so long as the revenue use requirements

9 of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the

10 Authority.

11 Persons subject to any tax imposed under the authority

12 granted in this Section may reimburse themselves for their

13 seller's tax liability hereunder by separately stating the tax

14 as an additional charge, which charge may be stated in

15 combination in a single amount with State taxes that sellers

16 are required to collect under the Use Tax Act, under any

17 bracket schedules the Department may prescribe.

18 Whenever the Department determines that a refund should be

19 made under this Section to a claimant instead of issuing a

20 credit memorandum, the Department shall notify the State

21 Comptroller, who shall cause the warrant to be drawn for the

22 amount specified, and to the person named, in the notification

23 from the Department. The refund shall be paid by the State

24 Treasurer out of the Regional Transportation Authority tax

25 fund established under paragraph (n) of this Section or the

26 Local Government Aviation Trust Fund, as appropriate.

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1 If a tax is imposed under this subsection (e), a tax shall

2 also be imposed under subsections (f) and (g) of this Section.

3 For the purpose of determining whether a tax authorized

4 under this Section is applicable, a retail sale by a producer

5 of coal or other mineral mined in Illinois, is a sale at retail

6 at the place where the coal or other mineral mined in Illinois

7 is extracted from the earth. This paragraph does not apply to

8 coal or other mineral when it is delivered or shipped by the

9 seller to the purchaser at a point outside Illinois so that the

10 sale is exempt under the Federal Constitution as a sale in

11 interstate or foreign commerce.

12 No tax shall be imposed or collected under this subsection

13 on the sale of a motor vehicle in this State to a resident of

14 another state if that motor vehicle will not be titled in this

15 State.

16 Nothing in this Section shall be construed to authorize

17 the ~~Regional Transportation~~ Authority to impose a tax upon the

18 privilege of engaging in any business that under the

19 Constitution of the United States may not be made the subject

20 of taxation by this State.

21 (f) If a tax has been imposed under paragraph (e), a

22 Regional Transportation Authority Service Occupation Tax shall

23 also be imposed upon all persons engaged~~,~~ in the metropolitan

24 region in the business of making sales of service~~,~~ who, as an

25 incident to making the sales of service, transfer tangible

26 personal property within the metropolitan region, either in

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1 the form of tangible personal property or in the form of real

2 estate as an incident to a sale of service. In Cook County, the

3 tax rate shall be: (1) 1.25% of the serviceman's cost price of

4 food prepared for immediate consumption and transferred

5 incident to a sale of service subject to the service

6 occupation tax by an entity that is located in the

7 metropolitan region and that is licensed under the Hospital

8 Licensing Act, the Nursing Home Care Act, the Assisted Living

9 and Shared Housing Act, the Specialized Mental Health

10 Rehabilitation Act of 2013, the ID/DD Community Care Act, the

11 MC/DD Act, or the Child Care Act of 1969, or an entity that

12 holds a permit issued pursuant to the Life Care Facilities

13 Act; (2) 1.25% of the selling price of food for human

14 consumption that is to be consumed off the premises where it is

15 sold (other than alcoholic beverages, food consisting of or

16 infused with adult use cannabis, soft drinks, candy, and food

17 that has been prepared for immediate consumption) and tangible

18 personal property taxed at the 1% rate under the Service

19 Occupation Tax Act; and (3) 1% of the selling price from other

20 taxable sales of tangible personal property transferred. In

21 DuPage, Kane, Lake, McHenry, and Will counties, the rate shall

22 be 0.75% of the selling price of all tangible personal

23 property transferred. The rate of tax imposed in DuPage, Kane,

24 Lake, McHenry, and Will counties under this Section on sales

25 of aviation fuel on or after December 1, 2019 shall, however,

26 be 0.25% unless the ~~Regional Transportation~~ Authority in

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1 DuPage, Kane, Lake, McHenry, and Will counties has an

2 "airport-related purpose" and the additional 0.50% of the

3 0.75% tax on aviation fuel is expended for airport-related

4 purposes. If there is no airport-related purpose to which

5 aviation fuel tax revenue is dedicated, then aviation fuel is

6 excluded from the additional 0.5% of the 0.75% tax.

7 The Board and DuPage, Kane, Lake, McHenry, and Will

8 counties must comply with the certification requirements for

9 airport-related purposes under Section 2-22 of the Retailers'

10 Occupation Tax Act. For purposes of this Section,

11 "airport-related purposes" has the meaning ascribed in Section

12 6z-20.2 of the State Finance Act. This exclusion for aviation

13 fuel only applies for so long as the revenue use requirements

14 of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the

15 Authority.

16 The tax imposed under this paragraph and all civil

17 penalties that may be assessed as an incident thereof shall be

18 collected and enforced by the State Department of Revenue. The

19 Department shall have full power to administer and enforce

20 this paragraph; to collect all taxes and penalties due

21 hereunder; to dispose of taxes and penalties collected in the

22 manner hereinafter provided; and to determine all rights to

23 credit memoranda arising on account of the erroneous payment

24 of tax or penalty hereunder. In the administration of and

25 compliance with this paragraph, the Department and persons who

26 are subject to this paragraph shall have the same rights,

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1 remedies, privileges, immunities, powers, and duties, and be

2 subject to the same conditions, restrictions, limitations,

3 penalties, exclusions, exemptions, and definitions of terms,

4 and employ the same modes of procedure, as are prescribed in

5 Sections 1a-1, 2, 2a, 3 through 3-50 (in respect to all

6 provisions therein other than the State rate of tax), 4

7 (except that the reference to the State shall be to the

8 Authority), 5, 7, 8 (except that the jurisdiction to which the

9 tax shall be a debt to the extent indicated in that Section 8

10 shall be the Authority), 9 (except as to the disposition of

11 taxes and penalties collected, and except that the returned

12 merchandise credit for this tax may not be taken against any

13 State tax, and except that the retailer's discount is not

14 allowed for taxes paid on aviation fuel that are subject to the

15 revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C.

16 47133), 10, 11, 12 (except the reference therein to Section 2b

17 of the Retailers' Occupation Tax Act), 13 (except that any

18 reference to the State shall mean the Authority), the first

19 paragraph of Section 15, 16, 17, 18, 19, and 20 of the Service

20 Occupation Tax Act and Section 3-7 of the Uniform Penalty and

21 Interest Act, as fully as if those provisions were set forth

22 herein.

23 Persons subject to any tax imposed under the authority

24 granted in this paragraph may reimburse themselves for their

25 serviceman's tax liability hereunder by separately stating the

26 tax as an additional charge, that charge may be stated in

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1 combination in a single amount with State tax that servicemen

2 are authorized to collect under the Service Use Tax Act, under

3 any bracket schedules the Department may prescribe.

4 Whenever the Department determines that a refund should be

5 made under this paragraph to a claimant instead of issuing a

6 credit memorandum, the Department shall notify the State

7 Comptroller, who shall cause the warrant to be drawn for the

8 amount specified, and to the person named in the notification

9 from the Department. The refund shall be paid by the State

10 Treasurer out of the Regional Transportation Authority tax

11 fund established under paragraph (n) of this Section or the

12 Local Government Aviation Trust Fund, as appropriate.

13 Nothing in this paragraph shall be construed to authorize

14 the Authority to impose a tax upon the privilege of engaging in

15 any business that under the Constitution of the United States

16 may not be made the subject of taxation by the State.

17 (g) If a tax has been imposed under paragraph (e), a tax

18 shall also be imposed upon the privilege of using in the

19 metropolitan region, any item of tangible personal property

20 that is purchased outside the metropolitan region at retail

21 from a retailer, and that is titled or registered with an

22 agency of this State's government. In Cook County, the tax

23 rate shall be 1% of the selling price of the tangible personal

24 property, as "selling price" is defined in the Use Tax Act. In

25 DuPage, Kane, Lake, McHenry, and Will counties, the tax rate

26 shall be 0.75% of the selling price of the tangible personal

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1 property, as "selling price" is defined in the Use Tax Act. The

2 tax shall be collected from persons whose Illinois address for

3 titling or registration purposes is given as being in the

4 metropolitan region. The tax shall be collected by the

5 Department of Revenue for the ~~Regional Transportation~~

6 Authority. The tax must be paid to the State, or an exemption

7 determination must be obtained from the Department of Revenue,

8 before the title or certificate of registration for the

9 property may be issued. The tax or proof of exemption may be

10 transmitted to the Department by way of the State agency with

11 which, or the State officer with whom, the tangible personal

12 property must be titled or registered if the Department and

13 the State agency or State officer determine that this

14 procedure will expedite the processing of applications for

15 title or registration.

16 The Department shall have full power to administer and

17 enforce this paragraph; to collect all taxes, penalties, and

18 interest due hereunder; to dispose of taxes, penalties, and

19 interest collected in the manner hereinafter provided; and to

20 determine all rights to credit memoranda or refunds arising on

21 account of the erroneous payment of tax, penalty, or interest

22 hereunder. In the administration of and compliance with this

23 paragraph, the Department and persons who are subject to this

24 paragraph shall have the same rights, remedies, privileges,

25 immunities, powers, and duties, and be subject to the same

26 conditions, restrictions, limitations, penalties, exclusions,

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1 exemptions, and definitions of terms and employ the same modes

2 of procedure, as are prescribed in Sections 2 (except the

3 definition of "retailer maintaining a place of business in

4 this State"), 3 through 3-80 (except provisions pertaining to

5 the State rate of tax, and except provisions concerning

6 collection or refunding of the tax by retailers), 4, 11, 12,

7 12a, 14, 15, 19 (except the portions pertaining to claims by

8 retailers and except the last paragraph concerning refunds),

9 20, 21, and 22 of the Use Tax Act, and are not inconsistent

10 with this paragraph, as fully as if those provisions were set

11 forth herein.

12 Whenever the Department determines that a refund should be

13 made under this paragraph to a claimant instead of issuing a

14 credit memorandum, the Department shall notify the State

15 Comptroller, who shall cause the order to be drawn for the

16 amount specified, and to the person named in the notification

17 from the Department. The refund shall be paid by the State

18 Treasurer out of the Regional Transportation Authority tax

19 fund established under paragraph (n) of this Section.

20 (g-5) If, on January 1, 2025, a unit of local government

21 has in effect a tax under subsections (e), (f), and (g), or if,

22 after January 1, 2025, a unit of local government imposes a tax

23 under subsections (e), (f), and (g), then that tax applies to

24 leases of tangible personal property in effect, entered into,

25 or renewed on or after that date in the same manner as the tax

26 under this Section and in accordance with the changes made by

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1 Public Act 103-592 ~~this amendatory Act of the 103rd General~~

2 ~~Assembly~~.

3 (h) The Authority may impose a replacement vehicle tax of

4 $50 on any passenger car as defined in Section 1-157 of the

5 Illinois Vehicle Code purchased within the metropolitan region

6 by or on behalf of an insurance company to replace a passenger

7 car of an insured person in settlement of a total loss claim.

8 The tax imposed may not become effective before the first day

9 of the month following the passage of the ordinance imposing

10 the tax and receipt of a certified copy of the ordinance by the

11 Department of Revenue. The Department of Revenue shall collect

12 the tax for the Authority in accordance with Sections 3-2002

13 and 3-2003 of the Illinois Vehicle Code.

14 The Department shall immediately pay over to the State

15 Treasurer, ex officio, as trustee, all taxes collected

16 hereunder.

17 As soon as possible after the first day of each month,

18 beginning January 1, 2011, upon certification of the

19 Department of Revenue, the Comptroller shall order

20 transferred, and the Treasurer shall transfer, to the STAR

21 Bonds Revenue Fund the local sales tax increment, as defined

22 in the Innovation Development and Economy Act, collected under

23 this Section during the second preceding calendar month for

24 sales within a STAR bond district.

25 After the monthly transfer to the STAR Bonds Revenue Fund,

26 on or before the 25th day of each calendar month, the

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1 Department shall prepare and certify to the Comptroller the

2 disbursement of stated sums of money to the Authority. The

3 amount to be paid to the Authority shall be the amount

4 collected hereunder during the second preceding calendar month

5 by the Department, less any amount determined by the

6 Department to be necessary for the payment of refunds, and

7 less any amounts that are transferred to the STAR Bonds

8 Revenue Fund. Within 10 days after receipt by the Comptroller

9 of the disbursement certification to the Authority provided

10 for in this Section to be given to the Comptroller by the

11 Department, the Comptroller shall cause the orders to be drawn

12 for that amount in accordance with the directions contained in

13 the certification.

14 (i) The Board may not impose any other taxes except as it

15 may from time to time be authorized by law to impose.

16 (j) A certificate of registration issued by the State

17 Department of Revenue to a retailer under the Retailers'

18 Occupation Tax Act or under the Service Occupation Tax Act

19 shall permit the registrant to engage in a business that is

20 taxed under the tax imposed under paragraphs (b), (e), (f) or

21 (g) of this Section and no additional registration shall be

22 required under the tax. A certificate issued under the Use Tax

23 Act or the Service Use Tax Act shall be applicable with regard

24 to any tax imposed under paragraph (c) of this Section.

25 (k) The provisions of any tax imposed under paragraph (c)

26 of this Section shall conform as closely as may be practicable

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1 to the provisions of the Use Tax Act, including, without

2 limitation, conformity as to penalties with respect to the tax

3 imposed and as to the powers of the State Department of Revenue

4 to promulgate and enforce rules and regulations relating to

5 the administration and enforcement of the provisions of the

6 tax imposed. The taxes shall be imposed only on use within the

7 metropolitan region and at rates as provided in the paragraph.

8 (l) The Board in imposing any tax as provided in

9 paragraphs (b) and (c) of this Section, shall, after seeking

10 the advice of the State Department of Revenue, provide means

11 for retailers, users or purchasers of motor fuel for purposes

12 other than those with regard to which the taxes may be imposed

13 as provided in those paragraphs to receive refunds of taxes

14 improperly paid, which provisions may be at variance with the

15 refund provisions as applicable under the Municipal Retailers

16 Occupation Tax Act. The State Department of Revenue may

17 provide for certificates of registration for users or

18 purchasers of motor fuel for purposes other than those with

19 regard to which taxes may be imposed as provided in paragraphs

20 (b) and (c) of this Section to facilitate the reporting and

21 nontaxability of the exempt sales or uses.

22 (m) Any ordinance imposing or discontinuing any tax under

23 this Section shall be adopted and a certified copy thereof

24 filed with the Department on or before June 1, whereupon the

25 Department of Revenue shall proceed to administer and enforce

26 this Section on behalf of the ~~Regional Transportation~~

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1 Authority as of September 1 next following such adoption and

2 filing. Beginning January 1, 1992, an ordinance or resolution

3 imposing or discontinuing the tax hereunder shall be adopted

4 and a certified copy thereof filed with the Department on or

5 before the first day of July, whereupon the Department shall

6 proceed to administer and enforce this Section as of the first

7 day of October next following such adoption and filing.

8 Beginning January 1, 1993, an ordinance or resolution

9 imposing, increasing, decreasing, or discontinuing the tax

10 hereunder shall be adopted and a certified copy thereof filed

11 with the Department, whereupon the Department shall proceed to

12 administer and enforce this Section as of the first day of the

13 first month to occur not less than 60 days following such

14 adoption and filing. Any ordinance or resolution of the

15 Authority imposing a tax under this Section and in effect on

16 August 1, 2007 shall remain in full force and effect and shall

17 be administered by the Department of Revenue under the terms

18 and conditions and rates of tax established by such ordinance

19 or resolution until the Department begins administering and

20 enforcing an increased tax under this Section as authorized by

21 Public Act 95-708. The tax rates authorized by Public Act

22 95-708 are effective only if imposed by ordinance of the

23 Authority.

24 (n) Except as otherwise provided in this subsection (n),

25 the State Department of Revenue shall, upon collecting any

26 taxes as provided in this Section, pay the taxes over to the

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1 State Treasurer as trustee for the Authority. The taxes shall

2 be held in a trust fund outside the State Treasury. If an

3 airport-related purpose has been certified, taxes and

4 penalties collected in DuPage, Kane, Lake, McHenry and Will

5 counties on aviation fuel sold on or after December 1, 2019

6 from the 0.50% of the 0.75% rate shall be immediately paid over

7 by the Department to the State Treasurer, ex officio, as

8 trustee, for deposit into the Local Government Aviation Trust

9 Fund. The Department shall only pay moneys into the Local

10 Government Aviation Trust Fund under this Act for so long as

11 the revenue use requirements of 49 U.S.C. 47107(b) and 49

12 U.S.C. 47133 are binding on the Authority. On or before the

13 25th day of each calendar month, the State Department of

14 Revenue shall prepare and certify to the Comptroller of the

15 State of Illinois and to the Authority (i) the amount of taxes

16 collected in each county other than Cook County in the

17 metropolitan region, (not including, if an airport-related

18 purpose has been certified, the taxes and penalties collected

19 from the 0.50% of the 0.75% rate on aviation fuel sold on or

20 after December 1, 2019 that are deposited into the Local

21 Government Aviation Trust Fund) (ii) the amount of taxes

22 collected within the City of Chicago, and (iii) the amount

23 collected in that portion of Cook County outside of Chicago,

24 each amount less the amount necessary for the payment of

25 refunds to taxpayers located in those areas described in items

26 (i), (ii), and (iii), and less 1.5% of the remainder, which

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1 shall be transferred from the trust fund into the Tax

2 Compliance and Administration Fund. The Department, at the

3 time of each monthly disbursement to the Authority, shall

4 prepare and certify to the State Comptroller the amount to be

5 transferred into the Tax Compliance and Administration Fund

6 under this subsection. Within 10 days after receipt by the

7 Comptroller of the certification of the amounts, the

8 Comptroller shall cause an order to be drawn for the transfer

9 of the amount certified into the Tax Compliance and

10 Administration Fund and the payment of two-thirds of the

11 amounts certified in item (i) of this subsection to the

12 Authority and one-third of the amounts certified in item (i)

13 of this subsection to the respective counties other than Cook

14 County and the amount certified in items (ii) and (iii) of this

15 subsection to the Authority.

16 In addition to the disbursement required by the preceding

17 paragraph, an allocation shall be made in July 1991 and each

18 year thereafter to the Regional Transportation Authority. The

19 allocation shall be made in an amount equal to the average

20 monthly distribution during the preceding calendar year

21 (excluding the 2 months of lowest receipts) and the allocation

22 shall include the amount of average monthly distribution from

23 the Regional Transportation Authority Occupation and Use Tax

24 Replacement Fund. The distribution made in July 1992 and each

25 year thereafter under this paragraph and the preceding

26 paragraph shall be reduced by the amount allocated and

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1 disbursed under this paragraph in the preceding calendar year.

2 The Department of Revenue shall prepare and certify to the

3 Comptroller for disbursement the allocations made in

4 accordance with this paragraph.

5 (o) Failure to adopt a budget ordinance or otherwise to

6 comply with Section 4.01 ~~of this Act~~ or to adopt a 5-Year

7 ~~Five-year~~ Capital Program or otherwise to comply with

8 paragraph (b) of Section 2.01 of this Act shall not affect the

9 validity of any tax imposed by the Authority otherwise in

10 conformity with law.

11 (p) At no time shall a public transportation tax or motor

12 vehicle parking tax authorized under paragraphs (b), (c), and

13 (d) of this Section be in effect at the same time as any

14 retailers' occupation, use or service occupation tax

15 authorized under paragraphs (e), (f), and (g) of this Section

16 is in effect.

17 Any taxes imposed under the authority provided in

18 paragraphs (b), (c), and (d) shall remain in effect only until

19 the time as any tax authorized by paragraph (e), (f), or (g) of

20 this Section is ~~are~~ imposed and becomes effective. Once any

21 tax authorized by paragraph (e), (f), or (g) is imposed the

22 Board may not reimpose taxes as authorized in paragraphs (b),

23 (c), and (d) of the Section unless any tax authorized by

24 paragraph (e), (f), or (g) of this Section becomes ineffective

25 by means other than an ordinance of the Board.

26 (q) Any existing rights, remedies and obligations

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1 (including enforcement by the ~~Regional Transportation~~

2 Authority) arising under any tax imposed under paragraph (b),

3 (c), or (d) of this Section shall not be affected by the

4 imposition of a tax under paragraph (e), (f), or (g) of this

5 Section.

6 (Source: P.A. 102-700, eff. 4-19-22; 103-592, eff. 1-1-25;

7 103-781, eff. 8-5-24; revised 11-26-24.)

8 (70 ILCS 3615/4.03.3)

9 Sec. 4.03.3. Distribution of Revenues.

10 ~~This Section applies only after the Department begins~~

11 ~~administering and enforcing an increased tax under Section~~

12 ~~4.03(m) as authorized by this amendatory Act of the 95th~~

13 ~~General Assembly. After providing for payment of its~~

14 ~~obligations with respect to bonds and notes issued under the~~

15 ~~provisions of Section 4.04 and obligations related to those~~

16 ~~bonds and notes and separately accounting for the tax on~~

17 ~~aviation fuel deposited into the Local Government Aviation~~

18 ~~Trust Fund, the Authority shall disburse the remaining~~

19 ~~proceeds from taxes it has received from the Department of~~

20 ~~Revenue under this Article IV and the remaining proceeds it~~

21 ~~has received from the State under Section 4.09(a) as follows:~~

22 (a) (Blank). ~~With respect to taxes imposed by the~~

23 ~~Authority under Section 4.03, after withholding 15% of 80% of~~

24 ~~the receipts from those taxes collected in Cook County at a~~

25 ~~rate of 1.25%, 15% of 75% of the receipts from those taxes~~

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1 ~~collected in Cook County at the rate of 1%, 15% of one-half of~~

2 ~~the receipts from those taxes collected in DuPage, Kane, Lake,~~

3 ~~McHenry, and Will Counties, and 15% of money received by the~~

4 ~~Authority from the Regional Transportation Authority~~

5 ~~Occupation and Use Tax Replacement Fund or from the Regional~~

6 ~~Transportation Authority tax fund created in Section 4.03(n),~~

7 ~~the Board shall allocate the proceeds and money remaining to~~

8 ~~the Service Boards as follows:~~

9 ~~(1) an amount equal to (i) 85% of 80% of the receipts~~

10 ~~from those taxes collected within the City of Chicago at a~~

11 ~~rate of 1.25%, (ii) 85% of 75% of the receipts from those~~

12 ~~taxes collected in the City of Chicago at the rate of 1%,~~

13 ~~and (iii) 85% of the money received by the Authority on~~

14 ~~account of transfers to the Regional Transportation~~

15 ~~Authority Occupation and Use Tax Replacement Fund or to~~

16 ~~the Regional Transportation Authority tax fund created in~~

17 ~~Section 4.03(n) from the County and Mass Transit District~~

18 ~~Fund attributable to retail sales within the City of~~

19 ~~Chicago shall be allocated to the Chicago Transit~~

20 ~~Authority;~~

21 ~~(2) an amount equal to (i) 85% of 80% of the receipts~~

22 ~~from those taxes collected within Cook County outside of~~

23 ~~the City of Chicago at a rate of 1.25%, (ii) 85% of 75% of~~

24 ~~the receipts from those taxes collected within Cook County~~

25 ~~outside the City of Chicago at a rate of 1%, and (iii) 85%~~

26 ~~of the money received by the Authority on account of~~

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1 ~~transfers to the Regional Transportation Authority~~

2 ~~Occupation and Use Tax Replacement Fund or to the Regional~~

3 ~~Transportation Authority tax fund created in Section~~

4 ~~4.03(n) from the County and Mass Transit District Fund~~

5 ~~attributable to retail sales within Cook County outside of~~

6 ~~the City of Chicago shall be allocated 30% to the Chicago~~

7 ~~Transit Authority, 55% to the Commuter Rail Board, and 15%~~

8 ~~to the Suburban Bus Board; and~~

9 ~~(3) an amount equal to 85% of one-half of the receipts~~

10 ~~from the taxes collected within the Counties of DuPage,~~

11 ~~Kane, Lake, McHenry, and Will shall be allocated 70% to~~

12 ~~the Commuter Rail Board and 30% to the Suburban Bus Board.~~

13 (b) (Blank). ~~Moneys received by the Authority on account~~

14 ~~of transfers to the Regional Transportation Authority~~

15 ~~Occupation and Use Tax Replacement Fund from the State and~~

16 ~~Local Sales Tax Reform Fund shall be allocated among the~~

17 ~~Authority and the Service Boards as follows: 15% of such~~

18 ~~moneys shall be retained by the Authority and the remaining~~

19 ~~85% shall be transferred to the Service Boards as soon as may~~

20 ~~be practicable after the Authority receives payment. Moneys~~

21 ~~which are distributable to the Service Boards pursuant to the~~

22 ~~preceding sentence shall be allocated among the Service Boards~~

23 ~~on the basis of each Service Board's distribution ratio. The~~

24 ~~term "distribution ratio" means, for purposes of this~~

25 ~~subsection (b), the ratio of the total amount distributed to a~~

26 ~~Service Board pursuant to subsection (a) of Section 4.03.3 for~~

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1 ~~the immediately preceding calendar year to the total amount~~

2 ~~distributed to all of the Service Boards pursuant to~~

3 ~~subsection (a) of Section 4.03.3 for the immediately preceding~~

4 ~~calendar year.~~

5 (c) (Blank). ~~(i) 20% of the receipts from those taxes~~

6 ~~collected in Cook County under Section 4.03 at the rate of~~

7 ~~1.25%, (ii) 25% of the receipts from those taxes collected in~~

8 ~~Cook County under Section 4.03 at the rate of 1%, (iii) 50% of~~

9 ~~the receipts from those taxes collected in DuPage, Kane, Lake,~~

10 ~~McHenry, and Will Counties under Section 4.03, and (iv)~~

11 ~~amounts received from the State under Section 4.09 (a)(2) and~~

12 ~~items (i), (ii), and (iii) of Section 4.09 (a)(3) shall be~~

13 ~~allocated as follows: the amount required to be deposited into~~

14 ~~the ADA Paratransit Fund described in Section 2.01d, the~~

15 ~~amount required to be deposited into the Suburban Community~~

16 ~~Mobility Fund described in Section 2.01e, and the amount~~

17 ~~required to be deposited into the Innovation, Coordination and~~

18 ~~Enhancement Fund described in Section 2.01c, and the balance~~

19 ~~shall be allocated 48% to the Chicago Transit Authority, 39%~~

20 ~~to the Commuter Rail Board, and 13% to the Suburban Bus Board.~~

21 (d) (Blank). ~~Amounts received from the State under Section~~

22 ~~4.09 (a)(3)(iv) shall be distributed 100% to the Chicago~~

23 ~~Transit Authority.~~

24 (d-5) For fiscal years 2026, 2027, and 2028, the

25 Authority, after making deductions to cover the Authority's

26 expenses, including Administrative Operating Expenses,

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1 Regional Services Operating Expense, Program and Project

2 Expenses, Joint Self Insurance Fund, and debt service

3 obligations, and the cost of ADA paratransit service shall

4 allocate operating revenue from all sources as follows:

5 (1) An amount to each Service Board equal to the

6 amount of the total public funding and the federal relief

7 funding the Service Board received in fiscal year 2025

8 under the Regional Budget adopted by the Regional

9 Transportation Authority in December 2024.

10 (2) Any amount remaining after the distribution under

11 paragraph (1) shall be allocated to the Service Boards in

12 proportion to the sum of each Service Board's percentage

13 of:

14 (A) vehicle revenue miles;

15 (B) passenger miles traveled; and

16 (C) unlinked passenger trips.

17 (d-10) The Board of the Authority may, by ordinance,

18 adjust the amounts allocated to each of the Service Boards

19 under paragraph (2) of subsection (d-5) if it finds that the

20 allocation of funds under paragraphs (1) and (2) of subsection

21 (d-5) have a disproportionately adverse impact on the service

22 levels of any Service Board and shall make appropriate

23 adjustments to address the disproportionate adverse impact.

24 (d-15) For fiscal years 2029, 2030, and 2031, the

25 Authority, after making deductions to cover the Authority's

26 expenses, including Administrative Operating Expenses,

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1 Regional Services Operating Expense, Program and Project

2 Expenses, Joint Self Insurance Fund, paratransit, and debt

3 service obligations and the cost of ADA paratransit service,

4 shall allocate operating revenue from all sources in an amount

5 to each Service Board equal to the amount of the total public

6 funding and federal relief funding the Service Board received

7 in fiscal year 2025 under the Annual Budget and 2-Year

8 Financial Plan adopted by the Authority in December 2024. Any

9 amount remaining after the distribution under subsection

10 (d-10) shall be allocated to the Service Boards by the

11 Authority under the Service Standards.

12 (d-20) For fiscal year 2032 and each fiscal year

13 thereafter, the Authority, after making deductions to cover

14 the Authority's expenses, shall allocate operating revenue

15 from all sources to the Service Boards under the service

16 standards.

17 (e) With respect to those taxes collected in DuPage, Kane,

18 Lake, McHenry, and Will Counties and paid directly to the

19 counties under Section 4.03, the County Board of each county

20 shall use those amounts to fund operating and capital costs of

21 public safety and public transportation services or facilities

22 or to fund operating, capital, right-of-way, construction, and

23 maintenance costs of other transportation purposes, including

24 road, bridge, public safety, and transit purposes intended to

25 improve mobility or reduce congestion in the county. The

26 receipt of funding by such counties pursuant to this paragraph

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1 shall not be used as the basis for reducing any funds that such

2 counties would otherwise have received from the State of

3 Illinois, any agency or instrumentality thereof, the

4 Authority, or the Service Boards.

5 (f) The Authority by ordinance adopted by 12 of its then

6 Directors shall apportion to the Service Boards funds provided

7 by the State of Illinois under Section 4.09(a)(1) as it shall

8 determine and shall make payment of the amounts to each

9 Service Board as soon as may be practicable upon their receipt

10 provided the Authority has adopted a balanced budget as

11 required by Section 4.01 and further provided the Service

12 Board is in compliance with the requirements in Section 4.11.

13 (g) Beginning January 1, 2009, before making any payments,

14 transfers, or expenditures under this Section to a Service

15 Board, the Authority must first comply with Section 4.02a or

16 4.02b of this Act, whichever may be applicable.

17 (h) Moneys may be appropriated from the Public

18 Transportation Fund to the Office of the Executive Inspector

19 General for the costs incurred by the Executive Inspector

20 General while serving as the inspector general for the

21 Authority and each of the Service Boards. Beginning December

22 31, 2012, and each year thereafter, the Office of the

23 Executive Inspector General shall annually report to the

24 General Assembly the expenses incurred while serving as the

25 inspector general for the Authority and each of the Service

26 Boards.

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1 (Source: P.A. 101-604, eff. 12-13-19.)

2 (70 ILCS 3615/4.04) (from Ch. 111 2/3, par. 704.04)

3 Sec. 4.04. Issuance and Pledge of Bonds and Notes.

4 (a) The Authority shall have the continuing power to

5 borrow money and to issue its negotiable bonds or notes as

6 provided in this Section. Unless otherwise indicated in this

7 Section, the term "notes" also includes bond anticipation

8 notes, which are notes which by their terms provide for their

9 payment from the proceeds of bonds thereafter to be issued.

10 Bonds or notes of the Authority may be issued for any or all of

11 the following purposes: to pay costs to the Authority or a

12 Service Board of constructing or acquiring any public

13 transportation facilities (including funds and rights relating

14 thereto, as provided in Section 2.05 of this Act); to repay

15 advances to the Authority or a Service Board made for such

16 purposes; to pay other expenses of the Authority or a Service

17 Board incident to or incurred in connection with such

18 construction or acquisition; to provide funds for any

19 transportation agency to pay principal of or interest or

20 redemption premium on any bonds or notes, whether as such

21 amounts become due or by earlier redemption, issued prior to

22 the date of this amendatory Act by such transportation agency

23 to construct or acquire public transportation facilities or to

24 provide funds to purchase such bonds or notes; and to provide

25 funds for any transportation agency to construct or acquire

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1 any public transportation facilities, to repay advances made

2 for such purposes, and to pay other expenses incident to or

3 incurred in connection with such construction or acquisition;

4 and to provide funds for payment of obligations, including the

5 funding of reserves, under any self-insurance plan or joint

6 self-insurance pool or entity.

7 In addition to any other borrowing as may be authorized by

8 this Section, the Authority may issue its notes, from time to

9 time, in anticipation of tax receipts of the Authority or of

10 other revenues or receipts of the Authority, in order to

11 provide money for the Authority or the Service Boards to cover

12 any cash flow deficit which the Authority or a Service Board

13 anticipates incurring. Any such notes are referred to in this

14 Section as "Working Cash Notes". No Working Cash Notes shall

15 be issued for a term of longer than 24 months. Proceeds of

16 Working Cash Notes may be used to pay day to day operating

17 expenses of the Authority or the Service Boards, consisting of

18 wages, salaries, and fringe benefits, professional and

19 technical services (including legal, audit, engineering, and

20 other consulting services), office rental, furniture, fixtures

21 and equipment, insurance premiums, claims for self-insured

22 amounts under insurance policies, public utility obligations

23 for telephone, light, heat and similar items, travel expenses,

24 office supplies, postage, dues, subscriptions, public hearings

25 and information expenses, fuel purchases, and payments of

26 grants and payments under purchase of service agreements for

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1 operations of transportation agencies, prior to the receipt by

2 the Authority or a Service Board from time to time of funds for

3 paying such expenses. In addition to any Working Cash Notes

4 that the Board of the Authority may determine to issue, the

5 Suburban Bus Board, the Commuter Rail Board or the Board of the

6 Chicago Transit Authority may demand and direct that the

7 Authority issue its Working Cash Notes in such amounts and

8 having such maturities as the Service Board may determine.

9 Notwithstanding any other provision of this Act, any

10 amounts necessary to pay principal of and interest on any

11 Working Cash Notes issued at the demand and direction of a

12 Service Board or any Working Cash Notes the proceeds of which

13 were used for the direct benefit of a Service Board or any

14 other Bonds or Notes of the Authority the proceeds of which

15 were used for the direct benefit of a Service Board shall

16 constitute a reduction of the amount of any other funds

17 provided by the Authority to that Service Board. The Authority

18 shall, after deducting any costs of issuance, tender the net

19 proceeds of any Working Cash Notes issued at the demand and

20 direction of a Service Board to such Service Board as soon as

21 may be practicable after the proceeds are received. The

22 Authority may also issue notes or bonds to pay, refund or

23 redeem any of its notes and bonds, including to pay redemption

24 premiums or accrued interest on such bonds or notes being

25 renewed, paid or refunded, and other costs in connection

26 therewith. The Authority may also utilize the proceeds of any

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1 such bonds or notes to pay the legal, financial,

2 administrative and other expenses of such authorization,

3 issuance, sale or delivery of bonds or notes or to provide or

4 increase a debt service reserve fund with respect to any or all

5 of its bonds or notes. The Authority may also issue and deliver

6 its bonds or notes in exchange for any public transportation

7 facilities, (including funds and rights relating thereto, as

8 provided in Section 2.05 of this Act) or in exchange for

9 outstanding bonds or notes of the Authority, including any

10 accrued interest or redemption premium thereon, without

11 advertising or submitting such notes or bonds for public

12 bidding.

13 (b) The ordinance providing for the issuance of any such

14 bonds or notes shall fix the date or dates of maturity, the

15 dates on which interest is payable, any sinking fund account

16 or reserve fund account provisions and all other details of

17 such bonds or notes and may provide for such covenants or

18 agreements necessary or desirable with regard to the issue,

19 sale and security of such bonds or notes. The rate or rates of

20 interest on its bonds or notes may be fixed or variable and the

21 Authority shall determine or provide for the determination of

22 the rate or rates of interest of its bonds or notes issued

23 under this Act in an ordinance adopted by the Authority prior

24 to the issuance thereof, none of which rates of interest shall

25 exceed that permitted in the Bond Authorization Act. Interest

26 may be payable at such times as are provided for by the Board.

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1 Bonds and notes issued under this Section may be issued as

2 serial or term obligations, shall be of such denomination or

3 denominations and form, including interest coupons to be

4 attached thereto, be executed in such manner, shall be payable

5 at such place or places and bear such date as the Authority

6 shall fix by the ordinance authorizing such bond or note and

7 shall mature at such time or times, within a period not to

8 exceed forty years from the date of issue, and may be

9 redeemable prior to maturity with or without premium, at the

10 option of the Authority, upon such terms and conditions as the

11 Authority shall fix by the ordinance authorizing the issuance

12 of such bonds or notes. No bond anticipation note or any

13 renewal thereof shall mature at any time or times exceeding 5

14 years from the date of the first issuance of such note. The

15 Authority may provide for the registration of bonds or notes

16 in the name of the owner as to the principal alone or as to

17 both principal and interest, upon such terms and conditions as

18 the Authority may determine. The ordinance authorizing bonds

19 or notes may provide for the exchange of such bonds or notes

20 which are fully registered, as to both principal and interest,

21 with bonds or notes which are registerable as to principal

22 only. All bonds or notes issued under this Section by the

23 Authority other than those issued in exchange for property or

24 for bonds or notes of the Authority shall be sold at a price

25 which may be at a premium or discount but such that the

26 interest cost (excluding any redemption premium) to the

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1 Authority of the proceeds of an issue of such bonds or notes,

2 computed to stated maturity according to standard tables of

3 bond values, shall not exceed that permitted in the Bond

4 Authorization Act. The Authority shall notify the Governor's

5 Office of Management and Budget and the State Comptroller at

6 least 30 days before any bond sale and shall file with the

7 Governor's Office of Management and Budget and the State

8 Comptroller a certified copy of any ordinance authorizing the

9 issuance of bonds at or before the issuance of the bonds. After

10 December 31, 1994, any such bonds or notes shall be sold to the

11 highest and best bidder on sealed bids as the Authority shall

12 deem. As such bonds or notes are to be sold the Authority shall

13 advertise for proposals to purchase the bonds or notes which

14 advertisement shall be published at least once in a daily

15 newspaper of general circulation published in the metropolitan

16 region at least 10 days before the time set for the submission

17 of bids. The Authority shall have the right to reject any or

18 all bids. Notwithstanding any other provisions of this

19 Section, Working Cash Notes or bonds or notes to provide funds

20 for self-insurance or a joint self-insurance pool or entity

21 may be sold either upon competitive bidding or by negotiated

22 sale (without any requirement of publication of intention to

23 negotiate the sale of such Notes), as the Board shall

24 determine by ordinance adopted with the affirmative votes of

25 at least 9 Directors. In case any officer whose signature

26 appears on any bonds, notes or coupons authorized pursuant to

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1 this Section shall cease to be such officer before delivery of

2 such bonds or notes, such signature shall nevertheless be

3 valid and sufficient for all purposes, the same as if such

4 officer had remained in office until such delivery. Neither

5 the Directors of the Authority nor any person executing any

6 bonds or notes thereof shall be liable personally on any such

7 bonds or notes or coupons by reason of the issuance thereof.

8 (c) All bonds or notes of the Authority issued pursuant to

9 this Section shall be general obligations of the Authority to

10 which shall be pledged the full faith and credit of the

11 Authority, as provided in this Section. Such bonds or notes

12 shall be secured as provided in the authorizing ordinance,

13 which may, notwithstanding any other provision of this Act,

14 include in addition to any other security, a specific pledge

15 or assignment of and lien on or security interest in any or all

16 tax receipts of the Authority and on any or all other revenues

17 or moneys of the Authority from whatever source, which may by

18 law be utilized for debt service purposes and a specific

19 pledge or assignment of and lien on or security interest in any

20 funds or accounts established or provided for by the ordinance

21 of the Authority authorizing the issuance of such bonds or

22 notes. Any such pledge, assignment, lien, or security interest

23 for the benefit of holders of bonds or notes of the Authority

24 shall be valid and binding from the time the bonds or notes are

25 issued without any physical delivery or further act and shall

26 be valid and binding as against and prior to the claims of all

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1 other parties having claims of any kind against the Authority

2 or any other person irrespective of whether such other parties

3 have notice of such pledge, assignment, lien, or security

4 interest. The obligations of the Authority incurred pursuant

5 to this Section shall be superior to and have priority over any

6 other obligations of the Authority.

7 The Authority may provide in the ordinance authorizing the

8 issuance of any bonds or notes issued pursuant to this Section

9 for the creation of, deposits in, and regulation and

10 disposition of sinking fund or reserve accounts relating to

11 such bonds or notes. The ordinance authorizing the issuance of

12 any bonds or notes pursuant to this Section may contain

13 provisions as part of the contract with the holders of the

14 bonds or notes, for the creation of a separate fund to provide

15 for the payment of principal and interest on such bonds or

16 notes and for the deposit in such fund from any or all the tax

17 receipts of the Authority and from any or all such other moneys

18 or revenues of the Authority from whatever source which may by

19 law be utilized for debt service purposes, all as provided in

20 such ordinance, of amounts to meet the debt service

21 requirements on such bonds or notes, including principal and

22 interest, and any sinking fund or reserve fund account

23 requirements as may be provided by such ordinance, and all

24 expenses incident to or in connection with such fund and

25 accounts or the payment of such bonds or notes. Such ordinance

26 may also provide limitations on the issuance of additional

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1 bonds or notes of the Authority. No such bonds or notes of the

2 Authority shall constitute a debt of the State of Illinois.

3 Nothing in this Act shall be construed to enable the Authority

4 to impose any ad valorem tax on property.

5 (d) The ordinance of the Authority authorizing the

6 issuance of any bonds or notes may provide additional security

7 for such bonds or notes by providing for appointment of a

8 corporate trustee (which may be any trust company or bank

9 having the powers of a trust company within the state) with

10 respect to such bonds or notes. The ordinance shall prescribe

11 the rights, duties, and powers of the trustee to be exercised

12 for the benefit of the Authority and the protection of the

13 holders of such bonds or notes. The ordinance may provide for

14 the trustee to hold in trust, invest, and use amounts in funds

15 and accounts created as provided by the ordinance with respect

16 to the bonds or notes. The ordinance may provide for the

17 assignment and direct payment to the trustee of any or all

18 amounts produced from the sources provided in Section 4.03 and

19 Section 4.09 of this Act and provided in Section 6z-17 of the

20 State Finance Act. Upon receipt of notice of any such

21 assignment, the Department of Revenue and the Comptroller of

22 the State of Illinois shall thereafter, notwithstanding the

23 provisions of Section 4.03 and Section 4.09 of this Act and

24 Section 6z-17 of the State Finance Act, provide for such

25 assigned amounts to be paid directly to the trustee instead of

26 the Authority, all in accordance with the terms of the

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1 ordinance making the assignment. The ordinance shall provide

2 that amounts so paid to the trustee which are not required to

3 be deposited, held or invested in funds and accounts created

4 by the ordinance with respect to bonds or notes or used for

5 paying bonds or notes to be paid by the trustee to the

6 Authority.

7 (e) Any bonds or notes of the Authority issued pursuant to

8 this Section shall constitute a contract between the Authority

9 and the holders from time to time of such bonds or notes. In

10 issuing any bond or note, the Authority may include in the

11 ordinance authorizing such issue a covenant as part of the

12 contract with the holders of the bonds or notes, that as long

13 as such obligations are outstanding, it shall make such

14 deposits, as provided in paragraph (c) of this Section. It may

15 also so covenant that it shall impose and continue to impose

16 taxes, as provided in Section 4.03 of this Act and in addition

17 thereto as subsequently authorized by law, sufficient to make

18 such deposits and pay the principal and interest and to meet

19 other debt service requirements of such bonds or notes as they

20 become due. A certified copy of the ordinance authorizing the

21 issuance of any such obligations shall be filed at or prior to

22 the issuance of such obligations with the Comptroller of the

23 State of Illinois and the Illinois Department of Revenue.

24 (f) The State of Illinois pledges to and agrees with the

25 holders of the bonds and notes of the Authority issued

26 pursuant to this Section that the State will not limit or alter

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1 the rights and powers vested in the Authority by this Act so as

2 to impair the terms of any contract made by the Authority with

3 such holders or in any way impair the rights and remedies of

4 such holders until such bonds and notes, together with

5 interest thereon, with interest on any unpaid installments of

6 interest, and all costs and expenses in connection with any

7 action or proceedings by or on behalf of such holders, are

8 fully met and discharged. In addition, the State pledges to

9 and agrees with the holders of the bonds and notes of the

10 Authority issued pursuant to this Section that the State will

11 not limit or alter the basis on which State funds are to be

12 paid to the Authority as provided in this Act, or the use of

13 such funds, so as to impair the terms of any such contract. The

14 Authority is authorized to include these pledges and

15 agreements of the State in any contract with the holders of

16 bonds or notes issued pursuant to this Section.

17 (g)(1) Except as provided in subdivisions (g)(2) and

18 (g)(3) of Section 4.04 of this Act, the Authority shall not at

19 any time issue, sell or deliver any bonds or notes (other than

20 Working Cash Notes and lines of credit) pursuant to this

21 Section 4.04 which will cause it to have issued and

22 outstanding at any time in excess of $800,000,000 of such

23 bonds and notes (other than Working Cash Notes and lines of

24 credit). The Authority shall not issue, sell, or deliver any

25 Working Cash Notes or establish a line of credit pursuant to

26 this Section that will cause it to have issued and outstanding

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1 at any time in excess of $100,000,000. However, the Authority

2 may issue, sell, and deliver additional Working Cash Notes or

3 establish a line of credit before July 1, 2022 that are over

4 and above and in addition to the $100,000,000 authorization

5 such that the outstanding amount of these additional Working

6 Cash Notes and lines of credit does not exceed at any time

7 $300,000,000. Bonds or notes which are being paid or retired

8 by such issuance, sale or delivery of bonds or notes, and bonds

9 or notes for which sufficient funds have been deposited with

10 the paying agency of such bonds or notes to provide for payment

11 of principal and interest thereon or to provide for the

12 redemption thereof, all pursuant to the ordinance authorizing

13 the issuance of such bonds or notes, shall not be considered to

14 be outstanding for the purposes of this subsection.

15 (2) In addition to the authority provided by paragraphs

16 (1) and (3), the Authority is authorized to issue, sell, and

17 deliver bonds or notes for Strategic Capital Improvement

18 Projects approved pursuant to Section 4.13 as follows:

19 $100,000,000 is authorized to be issued on or after

20 January 1, 1990;

21 an additional $100,000,000 is authorized to be issued

22 on or after January 1, 1991;

23 an additional $100,000,000 is authorized to be issued

24 on or after January 1, 1992;

25 an additional $100,000,000 is authorized to be issued

26 on or after January 1, 1993;

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1 an additional $100,000,000 is authorized to be issued

2 on or after January 1, 1994; and

3 the aggregate total authorization of bonds and notes

4 for Strategic Capital Improvement Projects as of January

5 1, 1994, shall be $500,000,000.

6 The Authority is also authorized to issue, sell, and

7 deliver bonds or notes in such amounts as are necessary to

8 provide for the refunding or advance refunding of bonds or

9 notes issued for Strategic Capital Improvement Projects under

10 this subdivision (g)(2), provided that no such refunding bond

11 or note shall mature later than the final maturity date of the

12 series of bonds or notes being refunded, and provided further

13 that the debt service requirements for such refunding bonds or

14 notes in the current or any future fiscal year shall not exceed

15 the debt service requirements for that year on the refunded

16 bonds or notes.

17 (3) In addition to the authority provided by paragraphs

18 (1) and (2), the Authority is authorized to issue, sell, and

19 deliver bonds or notes for Strategic Capital Improvement

20 Projects approved pursuant to Section 4.13 as follows:

21 $260,000,000 is authorized to be issued on or after

22 January 1, 2000;

23 an additional $260,000,000 is authorized to be issued

24 on or after January 1, 2001;

25 an additional $260,000,000 is authorized to be issued

26 on or after January 1, 2002;

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1 an additional $260,000,000 is authorized to be issued

2 on or after January 1, 2003;

3 an additional $260,000,000 is authorized to be issued

4 on or after January 1, 2004; and

5 the aggregate total authorization of bonds and notes

6 for Strategic Capital Improvement Projects pursuant to

7 this paragraph (3) as of January 1, 2004 shall be

8 $1,300,000,000.

9 The Authority is also authorized to issue, sell, and

10 deliver bonds or notes in such amounts as are necessary to

11 provide for the refunding or advance refunding of bonds or

12 notes issued for Strategic Capital Improvement projects under

13 this subdivision (g)(3), provided that no such refunding bond

14 or note shall mature later than the final maturity date of the

15 series of bonds or notes being refunded, and provided further

16 that the debt service requirements for such refunding bonds or

17 notes in the current or any future fiscal year shall not exceed

18 the debt service requirements for that year on the refunded

19 bonds or notes.

20 (h) The Authority, subject to the terms of any agreements

21 with noteholders or bond holders as may then exist, shall have

22 power, out of any funds available therefor, to purchase notes

23 or bonds of the Authority, which shall thereupon be cancelled.

24 (i) In addition to any other authority granted by law, the

25 State Treasurer may, with the approval of the Governor, invest

26 or reinvest, at a price not to exceed par, any State money in

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1 the State Treasury which is not needed for current

2 expenditures due or about to become due in Working Cash Notes.

3 In the event of a default on a Working Cash Note issued by the

4 ~~Regional Transportation~~ Authority in which State money in the

5 State treasury was invested, the Treasurer may, after giving

6 notice to the Authority, certify to the Comptroller the

7 amounts of the defaulted Working Cash Note, in accordance with

8 any applicable rules of the Comptroller, and the Comptroller

9 must deduct and remit to the State treasury the certified

10 amounts or a portion of those amounts from the following

11 proportions of payments of State funds to the Authority:

12 (1) in the first year after default, one-third of the

13 total amount of any payments of State funds to the

14 Authority;

15 (2) in the second year after default, two-thirds of

16 the total amount of any payments of State funds to the

17 Authority; and

18 (3) in the third year after default and for each year

19 thereafter until the total invested amount is repaid, the

20 total amount of any payments of State funds to the

21 Authority.

22 (j) The Authority may establish a line of credit with a

23 bank or other financial institution as may be evidenced by the

24 issuance of notes or other obligations, secured by and payable

25 from all tax receipts of the Authority and any or all other

26 revenues or moneys of the Authority, in an amount not to exceed

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1 the limitations set forth in paragraph (1) of subsection (g).

2 Money borrowed under this subsection (j) shall be used to

3 provide money for the Authority or the Service Boards to cover

4 any cash flow deficit that the Authority or a Service Board

5 anticipates incurring and shall be repaid within 24 months.

6 Before establishing a line of credit under this subsection

7 (j), the Authority shall authorize the line of credit by

8 ordinance. The ordinance shall set forth facts demonstrating

9 the need for the line of credit, state the amount to be

10 borrowed, establish a maximum interest rate limit not to

11 exceed the maximum rate authorized by the Bond Authorization

12 Act, and provide a date by which the borrowed funds shall be

13 repaid. The ordinance shall authorize and direct the relevant

14 officials to make arrangements to set apart and hold, as

15 applicable, the moneys that will be used to repay the

16 borrowing. In addition, the ordinance may authorize the

17 relevant officials to make partial repayments on the line of

18 credit as the moneys become available and may contain any

19 other terms, restrictions, or limitations desirable or

20 necessary to give effect to this subsection (j).

21 The Authority shall notify the Governor's Office of

22 Management and Budget and the State Comptroller at least 30

23 days before establishing a line of credit and shall file with

24 the Governor's Office of Management and Budget and the State

25 Comptroller a certified copy of any ordinance authorizing the

26 establishment of a line of credit upon or before establishing

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1 the line of credit.

2 Moneys borrowed under a line of credit pursuant to this

3 subsection (j) are general obligations of the Authority that

4 are secured by the full faith and credit of the Authority.

5 (Source: P.A. 101-485, eff. 8-23-19; 102-558, eff. 8-20-21.)

6 (70 ILCS 3615/4.06) (from Ch. 111 2/3, par. 704.06)

7 Sec. 4.06. Public bidding.

8 (a) The Board shall adopt regulations to ensure that the

9 acquisition by the Authority or a Service Board other than the

10 Chicago Transit Authority of services or public transportation

11 facilities (other than real estate) involving a cost of more

12 than the small purchase threshold set by the Federal Transit

13 Administration and the disposition of all property of the

14 Authority or a Service Board other than the Chicago Transit

15 Authority shall be after public notice and with public

16 bidding. The Board shall adopt regulations to ensure that the

17 construction, demolition, rehabilitation, renovation, and

18 building maintenance projects by the Authority or a Service

19 Board other than the Chicago Transit Authority for services or

20 public transportation facilities involving a cost of more than

21 $40,000 shall be after public notice and with public bidding.

22 Such regulations may provide for exceptions to such

23 requirements for acquisition of repair parts, accessories,

24 equipment or services previously furnished or contracted for;

25 for the immediate delivery of supplies, material or equipment

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1 or performance of service when it is determined by the

2 concurrence of two-thirds of the then Directors that an

3 emergency requires immediate delivery or supply thereof; for

4 goods or services that are economically procurable from only

5 one source; for contracts for the maintenance or servicing of

6 equipment which are made with the manufacturers or authorized

7 service agent of that equipment where the maintenance or

8 servicing can best be performed by the manufacturer or

9 authorized service agent or such a contract would be otherwise

10 advantageous to the Authority or a Service Board, other than

11 the Chicago Transit Authority, except that the exceptions in

12 this clause shall not apply to contracts for plumbing,

13 heating, piping, refrigeration and automatic temperature

14 control systems, ventilating and distribution systems for

15 conditioned air, and electrical wiring; for goods or services

16 procured from another governmental agency; for purchases and

17 contracts for the use or purchase of data processing equipment

18 and data processing systems software; for the acquisition of

19 professional or utility services; and for the acquisition of

20 public transportation equipment including, but not limited to,

21 rolling stock, locomotives and buses, provided that: (i) it is

22 determined by a vote of 2/3 of the then Directors of the

23 Service Board making the acquisition that a negotiated

24 acquisition offers opportunities with respect to the cost or

25 financing of the equipment, its delivery, or the performance

26 of a portion of the work within the State or the use of goods

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1 produced or services provided within the State; (ii) a notice

2 of intention to negotiate for the acquisition of such public

3 transportation equipment is published in a newspaper of

4 general circulation within the City of Chicago inviting

5 proposals from qualified vendors; and (iii) any contract with

6 respect to such acquisition is authorized by a vote of 2/3 of

7 the then Directors of the Service Board making the

8 acquisition. The requirements set forth in this Section shall

9 not apply to purchase of service agreements or other

10 contracts, purchases or sales entered into by the Authority

11 with any transportation agency or unit of local government.

12 (b) (1) In connection with two-phase design/build

13 selection procedures authorized in this Section, a Service

14 Board may authorize, by the affirmative vote of two-thirds of

15 the then members of the Service Board, the use of competitive

16 selection and the prequalification of responsible bidders

17 consistent with applicable federal regulations and this

18 subsection (b).

19 (2) Two-phase design/build selection procedures shall

20 consist of the following:

21 (i) A Service Board shall develop, through

22 licensed architects or licensed engineers, a scope of

23 work statement for inclusion in the solicitation for

24 phase-one proposals that defines the project and

25 provides prospective offerors with sufficient

26 information regarding the Service Board's

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1 requirements. The statement shall include criteria and

2 preliminary design, and general budget parameters and

3 general schedule or delivery requirements to enable

4 the offerors to submit proposals which meet the

5 Service Board's needs. When the two-phase design/build

6 selection procedure is used and the Service Board

7 contracts for development of the scope of work

8 statement, the Service Board shall contract for

9 architectural or engineering services as defined by

10 and in accordance with the Architectural, Engineering,

11 and Land Surveying Qualifications Based Selection Act

12 and all applicable licensing statutes.

13 (ii) The evaluation factors to be used in

14 evaluating phase-one proposals must be stated in the

15 solicitation and must include specialized experience

16 and technical competence, capability to perform, past

17 performance of the offeror's team (including the

18 architect-engineer and construction members of the

19 team) and other appropriate technical and

20 qualifications factors. Each solicitation must

21 establish the relative importance assigned to the

22 evaluation factors and the subfactors that must be

23 considered in the evaluation of phase-one proposals on

24 the basis of the evaluation factors set forth in the

25 solicitation. Each design/build team must include a

26 licensed design professional independent from the

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1 Service Board's licensed architect or engineer and a

2 licensed design professional must be named in the

3 phase-one proposals submitted to the Service Board.

4 (iii) On the basis of the phase-one proposal the

5 Service Board shall select as the most highly

6 qualified the number of offerors specified in the

7 solicitation and request the selected offerors to

8 submit phase-two competitive proposals and cost or

9 price information. Each solicitation must establish

10 the relative importance assigned to the evaluation

11 factors and the subfactors that must be considered in

12 the evaluation of phase-two proposals on the basis of

13 the evaluation factors set forth in the solicitation.

14 A Service Board may negotiate with the selected

15 design/build team after award but prior to contract

16 execution for the purpose of securing better terms

17 than originally proposed, provided the salient

18 features of the design/build solicitation are not

19 diminished. Each phase-two solicitation evaluates

20 separately (A) the technical submission for the

21 proposal, including design concepts or proposed

22 solutions to requirements addressed within the scope

23 of work, and (B) the evaluation factors and

24 subfactors, including cost or price, that must be

25 considered in the evaluations of proposals.

26 (iv) A design/build solicitation issued under the

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1 procedures in this subsection (b) shall state the

2 maximum number of offerors that are to be selected to

3 submit competitive phase-two proposals. The maximum

4 number specified in the solicitation shall not exceed

5 5 unless the Service Board with respect to an

6 individual solicitation determines that a specified

7 number greater than 5 is in the best interest of the

8 Service Board and is consistent with the purposes and

9 objectives of the two-phase design/build selection

10 process.

11 (v) All designs submitted as part of the two-phase

12 selection process and not selected shall be

13 proprietary to the preparers.

14 (c) The ~~Regional Transportation~~ Authority and the Service

15 Boards may donate rolling stock, including locomotives and

16 equipment, to museums in this State that are not-for-profit

17 corporations under Section 501(c)(3) of the Internal Revenue

18 Code of 1986.

19 (d) The Authority may engage in joint purchases under

20 subsection (a) of Section 2 of the Governmental Joint

21 Purchasing Act. The Authority may enter into master contracts

22 for commonly procured items, including vehicles, equipment,

23 supplies, and business services, that are used by the

24 Authority or one or more of the Service Boards, in compliance

25 with the terms of the Governmental Joint Purchasing Act.

26 (Source: P.A. 103-654, eff. 1-1-25.)

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1 (70 ILCS 3615/4.06.05 new)

2 Sec. 4.06.05. Bidding restrictions.

3 (a) As used in this Section:

4 "Covered transportation agency" includes the Regional

5 Transportation Authority and all subsidiaries and affiliates

6 of the Regional Transportation Authority.

7 "Covered transportation contract" means a contract for the

8 acquisition of public transportation rolling stock,

9 locomotives, buses, paratransit vehicles, and any vehicle

10 components incorporated into the end product of rolling stock

11 with a base-buy value $10,000,000 or more.

12 "Illinois Jobs Plan" means a document submitted by an

13 applicant for a covered transportation contract or a

14 contractor or participating subcontractor on working on a

15 covered transportation contract that requires the applicant,

16 contractor, or subcontractor to include in the applicant's

17 application:

18 (1) the minimum number of full-time equivalent jobs

19 that shall be retained and created if the applicant is

20 awarded the contract;

21 (2) the minimum wage and benefit amounts, by job

22 classification, for nonsupervisory workers on the

23 contract;

24 (3) the minimum number of jobs that shall be

25 specifically retained and created for disadvantaged

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1 workers, as defined by Section 15-10 of the Community

2 Energy, Climate, and Jobs Planning Act, if the applicant

3 is awarded the contract; and

4 (4) a detailed description and proposed amounts of

5 training, by job classification.

6 (b) Notwithstanding any law requiring a government entity

7 to award contracts to the lowest responsible bidder, beginning

8 January 1, 2027, covered transportation agencies shall:

9 (1) award all covered transportation contracts using a

10 competitive best-value procurement process; and

11 (2) require bidders to submit an Illinois Jobs Plan

12 for the bidder and any entity participating as part of the

13 bidder's solicitation responses.

14 (c) The Authority shall develop procedures, evaluation and

15 scoring criteria, and all forms and guidance necessary for

16 covered transportation agencies to implement this Section.

17 Solicitation documents shall disclose the minimum

18 qualification requirements and specify the criteria that shall

19 be assigned a weighted value. The evaluation process shall use

20 a scoring method based on the factors provided in this

21 Section, including the Illinois Jobs Plan, and the contract

22 price. The Illinois Jobs Plan shall be scored as part of the

23 overall proposal and incorporated as material terms of the

24 final contract.

25 (d) Contractors and participating subcontractors working

26 on covered transportation contracts shall be required to

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1 submit annual Illinois Jobs Plan reports to the Authority and

2 covered transportation agencies demonstrating compliance with

3 the contractor's or participating subcontractor's Illinois

4 Jobs Plan commitments. The Authority shall make The Illinois

5 Jobs Plan and annual compliance reports available to the

6 public. The Illinois Jobs Plan and annual compliance reports

7 shall not be considered a trade secret under subsection (g) of

8 Section 7 of the Freedom of information Act or confidential,

9 privileged, or otherwise exempt from disclosure under the

10 Freedom of information Act.

11 (e) This Section shall not apply to a contract awarded

12 based on a solicitation issued before January 1, 2027.

13 (f) The provisions of this Section shall be severable, and

14 if the application of any clause, sentence, paragraph, or part

15 of this Section to any person or circumstance shall be

16 adjudged by any court of competent jurisdiction to be invalid,

17 then the judgment shall not necessarily affect, impair, or

18 invalidate the application of any clause, sentence, paragraph,

19 or part of this Section or remainder thereof, as the case may

20 be, to any other person or circumstance, but shall be confined

21 in its operation to the clause, sentence, paragraph, or part

22 thereof directly involved in the controversy in which the

23 judgment shall have been rendered.

24 (70 ILCS 3615/4.09) (from Ch. 111 2/3, par. 704.09)

25 Sec. 4.09. Public Transportation Fund and the Northern

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1 Illinois Transit Authority Occupation and Use Tax Replacement

2 Fund ~~Regional Transportation Authority Occupation and Use Tax~~

3 ~~Replacement Fund~~.

4 (a)(1) Except as otherwise provided in paragraph (4), as

5 soon as possible after the first day of each month, beginning

6 July 1, 1984, upon certification of the Department of Revenue,

7 the Comptroller shall order transferred and the Treasurer

8 shall transfer from the General Revenue Fund to a special fund

9 in the State Treasury to be known as the Public Transportation

10 Fund an amount equal to 25% of the net revenue, before the

11 deduction of the serviceman and retailer discounts pursuant to

12 Section 9 of the Service Occupation Tax Act and Section 3 of

13 the Retailers' Occupation Tax Act, realized from any tax

14 imposed by the Authority pursuant to Sections 4.03 and 4.03.1

15 and 25% of the amounts deposited into the Northern Illinois

16 Transit ~~Regional Transportation~~ Authority tax fund created by

17 Section 4.03 of this Act, from the County and Mass Transit

18 District Fund as provided in Section 6z-20 of the State

19 Finance Act and 25% of the amounts deposited into the Northern

20 Illinois Transit ~~Regional Transportation~~ Authority Occupation

21 and Use Tax Replacement Fund from the State and Local Sales Tax

22 Reform Fund as provided in Section 6z-17 of the State Finance

23 Act. On the first day of the month following the date that the

24 Department receives revenues from increased taxes under

25 Section 4.03(m) as authorized by Public Act 95-708, in lieu of

26 the transfers authorized in the preceding sentence, upon

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1 certification of the Department of Revenue, the Comptroller

2 shall order transferred and the Treasurer shall transfer from

3 the General Revenue Fund to the Public Transportation Fund an

4 amount equal to 25% of the net revenue, before the deduction of

5 the serviceman and retailer discounts pursuant to Section 9 of

6 the Service Occupation Tax Act and Section 3 of the Retailers'

7 Occupation Tax Act, realized from (i) 80% of the proceeds of

8 any tax imposed by the Authority at a rate of 1.25% in Cook

9 County, (ii) 75% of the proceeds of any tax imposed by the

10 Authority at the rate of 1% in Cook County, and (iii) one-third

11 of the proceeds of any tax imposed by the Authority at the rate

12 of 0.75% in the Counties of DuPage, Kane, Lake, McHenry, and

13 Will, all pursuant to Section 4.03, and 25% of the net revenue

14 realized from any tax imposed by the Authority pursuant to

15 Section 4.03.1, and 25% of the amounts deposited into the

16 Northern Illinois Transit ~~Regional Transportation~~ Authority

17 tax fund created by Section 4.03 of this Act from the County

18 and Mass Transit District Fund as provided in Section 6z-20 of

19 the State Finance Act, and 25% of the amounts deposited into

20 the Northern Illinois Transit ~~Regional Transportation~~

21 Authority Occupation and Use Tax Replacement Fund from the

22 State and Local Sales Tax Reform Fund as provided in Section

23 6z-17 of the State Finance Act. As used in this Section, net

24 revenue realized for a month shall be the revenue collected by

25 the State pursuant to Sections 4.03 and 4.03.1 during the

26 previous month from within the metropolitan region, less the

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1 amount paid out during that same month as refunds to taxpayers

2 for overpayment of liability in the metropolitan region under

3 Sections 4.03 and 4.03.1.

4 Notwithstanding any provision of law to the contrary,

5 beginning on July 6, 2017 (the effective date of Public Act

6 100-23), those amounts required under this paragraph (1) of

7 subsection (a) to be transferred by the Treasurer into the

8 Public Transportation Fund from the General Revenue Fund shall

9 be directly deposited into the Public Transportation Fund as

10 the revenues are realized from the taxes indicated.

11 (2) Except as otherwise provided in paragraph (4), on

12 February 1, 2009 (the first day of the month following the

13 effective date of Public Act 95-708) and each month

14 thereafter, upon certification by the Department of Revenue,

15 the Comptroller shall order transferred and the Treasurer

16 shall transfer from the General Revenue Fund to the Public

17 Transportation Fund an amount equal to 5% of the net revenue,

18 before the deduction of the serviceman and retailer discounts

19 pursuant to Section 9 of the Service Occupation Tax Act and

20 Section 3 of the Retailers' Occupation Tax Act, realized from

21 any tax imposed by the Authority pursuant to Sections 4.03 and

22 4.03.1 and certified by the Department of Revenue under

23 Section 4.03(n) of this Act to be paid to the Authority and 5%

24 of the amounts deposited into the Regional Transportation

25 Authority tax fund created by Section 4.03 of this Act from the

26 County and Mass Transit District Fund as provided in Section

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1 6z-20 of the State Finance Act, and 5% of the amounts deposited

2 into the Regional Transportation Authority Occupation and Use

3 Tax Replacement Fund from the State and Local Sales Tax Reform

4 Fund as provided in Section 6z-17 of the State Finance Act, and

5 5% of the revenue realized by the Chicago Transit Authority as

6 financial assistance from the City of Chicago from the

7 proceeds of any tax imposed by the City of Chicago under

8 Section 8-3-19 of the Illinois Municipal Code.

9 Notwithstanding any provision of law to the contrary,

10 beginning on July 6, 2017 (the effective date of Public Act

11 100-23), those amounts required under this paragraph (2) of

12 subsection (a) to be transferred by the Treasurer into the

13 Public Transportation Fund from the General Revenue Fund shall

14 be directly deposited into the Public Transportation Fund as

15 the revenues are realized from the taxes indicated.

16 (3) Except as otherwise provided in paragraph (4), as soon

17 as possible after the first day of January, 2009 and each month

18 thereafter, upon certification of the Department of Revenue

19 with respect to the taxes collected under Section 4.03, the

20 Comptroller shall order transferred and the Treasurer shall

21 transfer from the General Revenue Fund to the Public

22 Transportation Fund an amount equal to 25% of the net revenue,

23 before the deduction of the serviceman and retailer discounts

24 pursuant to Section 9 of the Service Occupation Tax Act and

25 Section 3 of the Retailers' Occupation Tax Act, realized from

26 (i) 20% of the proceeds of any tax imposed by the Authority at

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1 a rate of 1.25% in Cook County, (ii) 25% of the proceeds of any

2 tax imposed by the Authority at the rate of 1% in Cook County,

3 and (iii) one-third of the proceeds of any tax imposed by the

4 Authority at the rate of 0.75% in the Counties of DuPage, Kane,

5 Lake, McHenry, and Will, all pursuant to Section 4.03, and the

6 Comptroller shall order transferred and the Treasurer shall

7 transfer from the General Revenue Fund to the Public

8 Transportation Fund (iv) an amount equal to 25% of the revenue

9 realized by the Chicago Transit Authority as financial

10 assistance from the City of Chicago from the proceeds of any

11 tax imposed by the City of Chicago under Section 8-3-19 of the

12 Illinois Municipal Code.

13 Notwithstanding any provision of law to the contrary,

14 beginning on July 6, 2017 (the effective date of Public Act

15 100-23), those amounts required under this paragraph (3) of

16 subsection (a) to be transferred by the Treasurer into the

17 Public Transportation Fund from the General Revenue Fund shall

18 be directly deposited into the Public Transportation Fund as

19 the revenues are realized from the taxes indicated.

20 (4) Notwithstanding any provision of law to the contrary,

21 for the State fiscal year beginning July 1, 2024 and each State

22 fiscal year thereafter, the first $150,000,000 that would have

23 otherwise been transferred from the General Revenue Fund and

24 deposited into the Public Transportation Fund as provided in

25 paragraphs (1), (2), and (3) of this subsection (a) shall

26 instead be transferred from the Road Fund by the Treasurer

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1 upon certification by the Department of Revenue and order of

2 the Comptroller. For the State fiscal year beginning July 1,

3 2024, only, the next $75,000,000 that would have otherwise

4 been transferred from the General Revenue Fund and deposited

5 into the Public Transportation Fund as provided in paragraphs

6 (1), (2), and (3) of this subsection (a) shall instead be

7 transferred from the Road Fund and deposited into the Public

8 Transportation Fund by the Treasurer upon certification by the

9 Department of Revenue and order of the Comptroller. The funds

10 authorized and transferred pursuant to this amendatory Act of

11 the 103rd General Assembly are not intended or planned for

12 road construction projects. For the State fiscal year

13 beginning July 1, 2024, only, the next $50,000,000 that would

14 have otherwise been transferred from the General Revenue Fund

15 and deposited into the Public Transportation Fund as provided

16 in paragraphs (1), (2), and (3) of this subsection (a) shall

17 instead be transferred from the Underground Storage Tank Fund

18 and deposited into the Public Transportation Fund by the

19 Treasurer upon certification by the Department of Revenue and

20 order of the Comptroller. The remaining balance shall be

21 deposited each State fiscal year as otherwise provided in

22 paragraphs (1), (2), and (3) of this subsection (a).

23 (5) (Blank).

24 (6) (Blank).

25 (7) For State fiscal year 2020 only, notwithstanding any

26 provision of law to the contrary, the total amount of revenue

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1 and deposits under this Section attributable to revenues

2 realized during State fiscal year 2020 shall be reduced by 5%.

3 (8) For State fiscal year 2021 only, notwithstanding any

4 provision of law to the contrary, the total amount of revenue

5 and deposits under this Section attributable to revenues

6 realized during State fiscal year 2021 shall be reduced by 5%.

7 (b)(1) All moneys deposited in the Public Transportation

8 Fund and the Northern Illinois Transit ~~Regional Transportation~~

9 Authority Occupation and Use Tax Replacement Fund, whether

10 deposited pursuant to this Section or otherwise, are allocated

11 to the Authority, except for amounts appropriated to the

12 Office of the Executive Inspector General as authorized by

13 subsection (h) of Section 4.03.3 and amounts transferred to

14 the Audit Expense Fund pursuant to Section 6z-27 of the State

15 Finance Act. The Comptroller, as soon as possible after each

16 monthly transfer provided in this Section and after each

17 deposit into the Public Transportation Fund, shall order the

18 Treasurer to pay to the Authority out of the Public

19 Transportation Fund the amount so transferred or deposited.

20 Any Additional State Assistance and Additional Financial

21 Assistance paid to the Authority under this Section shall be

22 expended by the Authority for its purposes as provided in this

23 Act. The balance of the amounts paid to the Authority from the

24 Public Transportation Fund shall be expended by the Authority

25 as provided in Section 4.03.3. The Comptroller, as soon as

26 possible after each deposit into the Regional Transportation

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1 Authority Occupation and Use Tax Replacement Fund provided in

2 this Section and Section 6z-17 of the State Finance Act, shall

3 order the Treasurer to pay to the Authority out of the Regional

4 Transportation Authority Occupation and Use Tax Replacement

5 Fund the amount so deposited. Such amounts paid to the

6 Authority may be expended by it for its purposes as provided in

7 this Act. The provisions directing the distributions from the

8 Public Transportation Fund and the Regional Transportation

9 Authority Occupation and Use Tax Replacement Fund provided for

10 in this Section shall constitute an irrevocable and continuing

11 appropriation of all amounts as provided herein. The State

12 Treasurer and State Comptroller are hereby authorized and

13 directed to make distributions as provided in this Section.

14 (2) Provided, however, no moneys deposited under subsection

15 (a) of this Section shall be paid from the Public

16 Transportation Fund to the Authority or its assignee for any

17 fiscal year until the Authority has certified to the Governor,

18 the Comptroller, and the Mayor of the City of Chicago that it

19 has adopted for that fiscal year an Annual Budget and 2-Year

20 ~~Two-Year~~ Financial Plan meeting the requirements in Section

21 4.01(b).

22 (c) In recognition of the efforts of the Authority to

23 enhance the mass transportation facilities under its control,

24 the State shall provide financial assistance ("Additional

25 State Assistance") in excess of the amounts transferred to the

26 Authority from the General Revenue Fund under subsection (a)

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1 of this Section. Additional State Assistance shall be

2 calculated as provided in subsection (d), but shall in no

3 event exceed the following specified amounts with respect to

4 the following State fiscal years:

5	`1990`	`$5,000,000;`
6	`1991`	`$5,000,000;`
7	`1992`	`$10,000,000;`
8	`1993`	`$10,000,000;`
9	`1994`	`$20,000,000;`
10	`1995`	`$30,000,000;`
11	`1996`	`$40,000,000;`
12	`1997`	`$50,000,000;`
13	`1998`	`$55,000,000; and`
14	`each year thereafter`	`$55,000,000.`

15 (c-5) The State shall provide financial assistance

16 ("Additional Financial Assistance") in addition to the

17 Additional State Assistance provided by subsection (c) and the

18 amounts transferred to the Authority from the General Revenue

19 Fund under subsection (a) of this Section. Additional

20 Financial Assistance provided by this subsection shall be

21 calculated as provided in subsection (d), but shall in no

22 event exceed the following specified amounts with respect to

23 the following State fiscal years:

24	`2000`	`$0;`
25	`2001`	`$16,000,000;`
26	`2002`	`$35,000,000;`

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1	`2003`	`$54,000,000;`
2	`2004`	`$73,000,000;`
3	`2005`	`$93,000,000; and`
4	`each year thereafter`	`$100,000,000.`

5 (d) Beginning with State fiscal year 1990 and continuing

6 for each State fiscal year thereafter, the Authority shall

7 annually certify to the State Comptroller and State Treasurer,

8 separately with respect to each of subdivisions (g)(2) and

9 (g)(3) of Section 4.04 of this Act, the following amounts:

10 (1) The amount necessary and required, during the

11 State fiscal year with respect to which the certification

12 is made, to pay its obligations for debt service on all

13 outstanding bonds or notes issued by the Authority under

14 subdivisions (g)(2) and (g)(3) of Section 4.04 of this

15 Act.

16 (2) An estimate of the amount necessary and required

17 to pay its obligations for debt service for any bonds or

18 notes which the Authority anticipates it will issue under

19 subdivisions (g)(2) and (g)(3) of Section 4.04 during that

20 State fiscal year.

21 (3) Its debt service savings during the preceding

22 State fiscal year from refunding or advance refunding of

23 bonds or notes issued under subdivisions (g)(2) and (g)(3)

24 of Section 4.04.

25 (4) The amount of interest, if any, earned by the

26 Authority during the previous State fiscal year on the

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1 proceeds of bonds or notes issued pursuant to subdivisions

2 (g)(2) and (g)(3) of Section 4.04, other than refunding or

3 advance refunding bonds or notes.

4 The certification shall include a specific schedule of

5 debt service payments, including the date and amount of each

6 payment for all outstanding bonds or notes and an estimated

7 schedule of anticipated debt service for all bonds and notes

8 it intends to issue, if any, during that State fiscal year,

9 including the estimated date and estimated amount of each

10 payment.

11 Immediately upon the issuance of bonds for which an

12 estimated schedule of debt service payments was prepared, the

13 Authority shall file an amended certification with respect to

14 item (2) above, to specify the actual schedule of debt service

15 payments, including the date and amount of each payment, for

16 the remainder of the State fiscal year.

17 On the first day of each month of the State fiscal year in

18 which there are bonds outstanding with respect to which the

19 certification is made, the State Comptroller shall order

20 transferred and the State Treasurer shall transfer from the

21 Road Fund to the Public Transportation Fund the Additional

22 State Assistance and Additional Financial Assistance in an

23 amount equal to the aggregate of (i) one-twelfth of the sum of

24 the amounts certified under items (1) and (3) above less the

25 amount certified under item (4) above, plus (ii) the amount

26 required to pay debt service on bonds and notes issued during

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1 the fiscal year, if any, divided by the number of months

2 remaining in the fiscal year after the date of issuance, or

3 some smaller portion as may be necessary under subsection (c)

4 or (c-5) of this Section for the relevant State fiscal year,

5 plus (iii) any cumulative deficiencies in transfers for prior

6 months, until an amount equal to the sum of the amounts

7 certified under items (1) and (3) above, plus the actual debt

8 service certified under item (2) above, less the amount

9 certified under item (4) above, has been transferred; except

10 that these transfers are subject to the following limits:

11 (A) In no event shall the total transfers in any State

12 fiscal year relating to outstanding bonds and notes issued

13 by the Authority under subdivision (g)(2) of Section 4.04

14 exceed the lesser of the annual maximum amount specified

15 in subsection (c) or the sum of the amounts certified

16 under items (1) and (3) above, plus the actual debt

17 service certified under item (2) above, less the amount

18 certified under item (4) above, with respect to those

19 bonds and notes.

20 (B) In no event shall the total transfers in any State

21 fiscal year relating to outstanding bonds and notes issued

22 by the Authority under subdivision (g)(3) of Section 4.04

23 exceed the lesser of the annual maximum amount specified

24 in subsection (c-5) or the sum of the amounts certified

25 under items (1) and (3) above, plus the actual debt

26 service certified under item (2) above, less the amount

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1 certified under item (4) above, with respect to those

2 bonds and notes.

3 The term "outstanding" does not include bonds or notes for

4 which refunding or advance refunding bonds or notes have been

5 issued.

6 (e) Neither Additional State Assistance nor Additional

7 Financial Assistance may be pledged, either directly or

8 indirectly as general revenues of the Authority, as security

9 for any bonds issued by the Authority. The Authority may not

10 assign its right to receive Additional State Assistance or

11 Additional Financial Assistance, or direct payment of

12 Additional State Assistance or Additional Financial

13 Assistance, to a trustee or any other entity for the payment of

14 debt service on its bonds.

15 (f) The certification required under subsection (d) with

16 respect to outstanding bonds and notes of the Authority shall

17 be filed as early as practicable before the beginning of the

18 State fiscal year to which it relates. The certification shall

19 be revised as may be necessary to accurately state the debt

20 service requirements of the Authority.

21 (g) (Blank). ~~Within 6 months of the end of each fiscal~~

22 ~~year, the Authority shall determine:~~

23 ~~(i) whether the aggregate of all system generated~~

24 ~~revenues for public transportation in the metropolitan~~

25 ~~region which is provided by, or under grant or purchase of~~

26 ~~service contracts with, the Service Boards equals 50% of~~

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1 ~~the aggregate of all costs of providing such public~~

2 ~~transportation. "System generated revenues" include all~~

3 ~~the proceeds of fares and charges for services provided,~~

4 ~~contributions received in connection with public~~

5 ~~transportation from units of local government other than~~

6 ~~the Authority, except for contributions received by the~~

7 ~~Chicago Transit Authority from a real estate transfer tax~~

8 ~~imposed under subsection (i) of Section 8-3-19 of the~~

9 ~~Illinois Municipal Code, and from the State pursuant to~~

10 ~~subsection (i) of Section 2705-305 of the Department of~~

11 ~~Transportation Law, and all other revenues properly~~

12 ~~included consistent with generally accepted accounting~~

13 ~~principles but may not include: the proceeds from any~~

14 ~~borrowing, and, beginning with the 2007 fiscal year, all~~

15 ~~revenues and receipts, including but not limited to fares~~

16 ~~and grants received from the federal, State or any unit of~~

17 ~~local government or other entity, derived from providing~~

18 ~~ADA paratransit service pursuant to Section 2.30 of the~~

19 ~~Regional Transportation Authority Act. "Costs" include all~~

20 ~~items properly included as operating costs consistent with~~

21 ~~generally accepted accounting principles, including~~

22 ~~administrative costs, but do not include: depreciation;~~

23 ~~payment of principal and interest on bonds, notes or other~~

24 ~~evidences of obligations for borrowed money of the~~

25 ~~Authority; payments with respect to public transportation~~

26 ~~facilities made pursuant to subsection (b) of Section~~

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1 ~~2.20; any payments with respect to rate protection~~

2 ~~contracts, credit enhancements or liquidity agreements~~

3 ~~made under Section 4.14; any other cost as to which it is~~

4 ~~reasonably expected that a cash expenditure will not be~~

5 ~~made; costs for passenger security including grants,~~

6 ~~contracts, personnel, equipment and administrative~~

7 ~~expenses, except in the case of the Chicago Transit~~

8 ~~Authority, in which case the term does not include costs~~

9 ~~spent annually by that entity for protection against crime~~

10 ~~as required by Section 27a of the Metropolitan Transit~~

11 ~~Authority Act; the costs of Debt Service paid by the~~

12 ~~Chicago Transit Authority, as defined in Section 12c of~~

13 ~~the Metropolitan Transit Authority Act, or bonds or notes~~

14 ~~issued pursuant to that Section; the payment by the~~

15 ~~Commuter Rail Division of debt service on bonds issued~~

16 ~~pursuant to Section 3B.09; expenses incurred by the~~

17 ~~Suburban Bus Division for the cost of new public~~

18 ~~transportation services funded from grants pursuant to~~

19 ~~Section 2.01e of this Act for a period of 2 years from the~~

20 ~~date of initiation of each such service; costs as exempted~~

21 ~~by the Board for projects pursuant to Section 2.09 of this~~

22 ~~Act; or, beginning with the 2007 fiscal year, expenses~~

23 ~~related to providing ADA paratransit service pursuant to~~

24 ~~Section 2.30 of the Regional Transportation Authority Act;~~

25 ~~or in fiscal years 2008 through 2012 inclusive, costs in~~

26 ~~the amount of $200,000,000 in fiscal year 2008, reducing~~

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1 ~~by $40,000,000 in each fiscal year thereafter until this~~

2 ~~exemption is eliminated. If said system generated revenues~~

3 ~~are less than 50% of said costs, the Board shall remit an~~

4 ~~amount equal to the amount of the deficit to the State;~~

5 ~~however, due to the fiscal impacts from the COVID-19~~

6 ~~pandemic, for fiscal years 2021, 2022, 2023, 2024, and~~

7 ~~2025, no such payment shall be required. The Treasurer~~

8 ~~shall deposit any such payment in the Road Fund; and~~

9 ~~(ii) whether, beginning with the 2007 fiscal year, the~~

10 ~~aggregate of all fares charged and received for ADA~~

11 ~~paratransit services equals the system generated ADA~~

12 ~~paratransit services revenue recovery ratio percentage of~~

13 ~~the aggregate of all costs of providing such ADA~~

14 ~~paratransit services.~~

15 (h) (Blank). ~~If the Authority makes any payment to the~~

16 ~~State under paragraph (g), the Authority shall reduce the~~

17 ~~amount provided to a Service Board from funds transferred~~

18 ~~under paragraph (a) in proportion to the amount by which that~~

19 ~~Service Board failed to meet its required system generated~~

20 ~~revenues recovery ratio. A Service Board which is affected by~~

21 ~~a reduction in funds under this paragraph shall submit to the~~

22 ~~Authority concurrently with its next due quarterly report a~~

23 ~~revised budget incorporating the reduction in funds. The~~

24 ~~revised budget must meet the criteria specified in clauses (i)~~

25 ~~through (vi) of Section 4.11(b)(2). The Board shall review and~~

26 ~~act on the revised budget as provided in Section 4.11(b)(3).~~

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1 (Source: P.A. 102-678, eff. 12-10-21; 103-281, eff. 1-1-24;

2 103-588, eff. 6-5-24.)

3 (70 ILCS 3615/4.11) (from Ch. 111 2/3, par. 704.11)

4 Sec. 4.11. Budget Review Powers.

5 (a) ~~Based upon estimates which shall be given to the~~

6 ~~Authority by the Director of the Governor's Office of~~

7 ~~Management and Budget (formerly Bureau of the Budget) of the~~

8 ~~receipts to be received by the Authority from the taxes~~

9 ~~imposed by the Authority and the authorized estimates of~~

10 ~~amounts to be available from State and other sources to the~~

11 ~~Service Boards, and the times at which such receipts and~~

12 ~~amounts will be available, the Board shall, not later than the~~

13 ~~next preceding September 15th prior to the beginning of the~~

14 ~~Authority's next fiscal year, advise each Service Board of the~~

15 ~~amounts estimated by the Board to be available for such~~

16 ~~Service Board during such fiscal year and the two following~~

17 ~~fiscal years and the times at which such amounts will be~~

18 ~~available. The Board shall, at the same time, also advise each~~

19 ~~Service Board of its required system generated revenues~~

20 ~~recovery ratio for the next fiscal year which shall be the~~

21 ~~percentage of the aggregate costs of providing public~~

22 ~~transportation by or under jurisdiction of that Service Board~~

23 ~~which must be recovered from system generated revenues.~~ The

24 Board shall, no later than September 15 of each year ~~at the~~

25 ~~same time~~, consider the written determination of the Executive

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1 Director, made pursuant to Section 2.01d, of the costs of ADA

2 paratransit services that are required to be provided under

3 the federal Americans with Disabilities Act of 1990 and its

4 implementing regulations, and shall amend the current year

5 budgets of the Authority and the Service Boards to provide for

6 additional funding for the provision of ADA paratransit

7 services, if needed. ~~The Board shall, at the same time,~~

8 ~~beginning with the 2007 fiscal year, also advise each Service~~

9 ~~Board that provides ADA paratransit services of its required~~

10 ~~system generated ADA paratransit services revenue recovery~~

11 ~~ratio for the next fiscal year which shall be the percentage of~~

12 ~~the aggregate costs of providing ADA paratransit services by~~

13 ~~or under jurisdiction of that Service Board which must be~~

14 ~~recovered from fares charged for such services, except that~~

15 ~~such required system generated ADA paratransit services~~

16 ~~revenue recovery ratio shall not exceed the minimum percentage~~

17 ~~established pursuant to Section 4.01(b)(ii) of this Act. In~~

18 ~~determining a Service Board's system generated revenue~~

19 ~~recovery ratio, the Board shall consider the historical system~~

20 ~~generated revenues recovery ratio for the services subject to~~

21 ~~the jurisdiction of that Service Board. The Board shall not~~

22 ~~increase a Service Board's system generated revenues recovery~~

23 ~~ratio for the next fiscal year over such ratio for the current~~

24 ~~fiscal year disproportionately or prejudicially to increases~~

25 ~~in such ratios for other Service Boards. The Board may, by~~

26 ~~ordinance, provide that (i) the cost of research and~~

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1 ~~development projects in the fiscal year beginning January 1,~~

2 ~~1986 and ending December 31, 1986 conducted pursuant to~~

3 ~~Section 2.09 of this Act, (ii) the costs for passenger~~

4 ~~security, and (iii) expenditures of amounts granted to a~~

5 ~~Service Board from the Innovation, Coordination, and~~

6 ~~Enhancement Fund for operating purposes may be exempted from~~

7 ~~the farebox recovery ratio or the system generated revenues~~

8 ~~recovery ratio of the Chicago Transit Authority, the Suburban~~

9 ~~Bus Board, and the Commuter Rail Board, or any of them. During~~

10 ~~fiscal years 2008 through 2012, the Board may also allocate~~

11 ~~the exemption of $200,000,000 and the reducing amounts of~~

12 ~~costs provided by this amendatory Act of the 95th General~~

13 ~~Assembly from the farebox recovery ratio or system generated~~

14 ~~revenues recovery ratio of each Service Board.~~

15 (b) (Blank). ~~(1) Not later than the next preceding~~

16 ~~November 15 prior to the commencement of such fiscal year,~~

17 ~~each Service Board shall submit to the Authority its proposed~~

18 ~~budget for such fiscal year and its proposed financial plan~~

19 ~~for the two following fiscal years. Such budget and financial~~

20 ~~plan shall (i) be prepared in the format, follow the financial~~

21 ~~and budgetary practices, and be based on any assumptions and~~

22 ~~projections required by the Authority and (ii) not project or~~

23 ~~assume a receipt of revenues from the Authority in amounts~~

24 ~~greater than those set forth in the estimates provided by the~~

25 ~~Authority pursuant to subsection (a) of this Section.~~

26 ~~(2) The Board shall review the proposed budget and~~

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1 ~~two-year financial plan submitted by each Service Board. The~~

2 ~~Board shall approve the budget and two-year financial plan of~~

3 ~~a Service Board if:~~

4 ~~(i) such budget and plan show a balance between (A)~~

5 ~~anticipated revenues from all sources including operating~~

6 ~~subsidies and (B) the costs of providing the services~~

7 ~~specified and of funding any operating deficits or~~

8 ~~encumbrances incurred in prior periods, including~~

9 ~~provision for payment when due of principal and interest~~

10 ~~on outstanding indebtedness;~~

11 ~~(ii) such budget and plan show cash balances including~~

12 ~~the proceeds of any anticipated cash flow borrowing~~

13 ~~sufficient to pay with reasonable promptness all costs and~~

14 ~~expenses as incurred;~~

15 ~~(iii) such budget and plan provide for a level of~~

16 ~~fares or charges and operating or administrative costs for~~

17 ~~the public transportation provided by or subject to the~~

18 ~~jurisdiction of such Service Board sufficient to allow the~~

19 ~~Service Board to meet its required system generated~~

20 ~~revenue recovery ratio and, beginning with the 2007 fiscal~~

21 ~~year, system generated ADA paratransit services revenue~~

22 ~~recovery ratio;~~

23 ~~(iv) such budget and plan are based upon and employ~~

24 ~~assumptions and projections which are reasonable and~~

25 ~~prudent;~~

26 ~~(v) such budget and plan have been prepared in~~

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1 ~~accordance with sound financial practices as determined by~~

2 ~~the Board;~~

3 ~~(vi) such budget and plan meet such other financial,~~

4 ~~budgetary, or fiscal requirements that the Board may by~~

5 ~~rule or regulation establish; and~~

6 ~~(vii) such budget and plan are consistent with the~~

7 ~~goals and objectives adopted by the Authority in the~~

8 ~~Strategic Plan.~~

9 ~~(3) (Blank).~~

10 ~~(4) Unless the Board by an affirmative vote of 12 of the~~

11 ~~then Directors determines that the budget and financial plan~~

12 ~~of a Service Board meets the criteria specified in clauses (i)~~

13 ~~through (vii) of subparagraph (2) of this paragraph (b), the~~

14 ~~Board shall withhold from that Service Board 25% of the cash~~

15 ~~proceeds of taxes imposed by the Authority under Section 4.03~~

16 ~~and Section 4.03.1 and received after February 1 and 25% of the~~

17 ~~amounts transferred to the Authority from the Public~~

18 ~~Transportation Fund under Section 4.09(a) (but not including~~

19 ~~Section 4.09(a)(3)(iv)) after February 1 that the Board has~~

20 ~~estimated to be available to that Service Board under Section~~

21 ~~4.11(a). Such funding shall be released to the Service Board~~

22 ~~only upon approval of a budget and financial plan under this~~

23 ~~Section or adoption of a budget and financial plan on behalf of~~

24 ~~the Service Board by the Authority.~~

25 ~~(5) If the Board has not found that the budget and~~

26 ~~financial plan of a Service Board meets the criteria specified~~

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1 ~~in clauses (i) through (vii) of subparagraph (2) of this~~

2 ~~paragraph (b), the Board, by the affirmative vote of at least~~

3 ~~12 of its then Directors, shall adopt a budget and financial~~

4 ~~plan meeting such criteria for that Service Board.~~

5 (c)(1) If the Board shall at any time have received a

6 revised estimate, or revises any estimate the Board has made,

7 pursuant to ~~this~~ Section 4.01 of the receipts to be collected

8 by the Authority which, in the judgment of the Board, requires

9 a change in the estimates on which the budget of any Service

10 Board is based, the Board shall advise the affected Service

11 Board of such revised estimates, and such Service Board shall

12 within 30 days after receipt of such advice submit

13 recommendations for a revised budget incorporating such

14 revised estimates. After considering the Service Board's

15 recommendations, the Authority shall adopt a revised budget.

16 ~~If the revised estimates require, in the judgment of the~~

17 ~~Board, that the system generated revenues recovery ratio of~~

18 ~~one or more Service Boards be revised in order to allow the~~

19 ~~Authority to meet its required ratio, the Board shall advise~~

20 ~~any such Service Board of its revised ratio and such Service~~

21 ~~Board shall within 30 days after receipt of such advice submit~~

22 ~~a revised budget incorporating such revised estimates or~~

23 ~~ratio.~~

24 (2) Each Service Board shall, within such period after the

25 end of each fiscal quarter as shall be specified by the Board,

26 report to the Authority its financial condition and results of

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1 operations and the financial condition and results of

2 operations of the public transportation services subject to

3 its jurisdiction, as at the end of and for such quarter. If in

4 the judgment of the Board such condition and results are not

5 substantially in accordance with such Service Board's budget

6 for such period, the Board shall so advise such Service Board

7 and such Service Board shall within the period specified by

8 the Board submit a revised budget incorporating such results.

9 After considering the Service Board's recommendations, the

10 Authority shall adopt a revised budget.

11 (3) (Blank). ~~If the Board shall determine that a revised~~

12 ~~budget submitted by a Service Board pursuant to subparagraph~~

13 ~~(1) or (2) of this paragraph (c) does not meet the criteria~~

14 ~~specified in clauses (i) through (vii) of subparagraph (2) of~~

15 ~~paragraph (b) of this Section, the Board shall withhold from~~

16 ~~that Service Board 25% of the cash proceeds of taxes imposed by~~

17 ~~the Authority under Section 4.03 or 4.03.1 and received by the~~

18 ~~Authority after February 1 and 25% of the amounts transferred~~

19 ~~to the Authority from the Public Transportation Fund under~~

20 ~~Section 4.09(a) (but not including Section 4.09(a)(3)(iv))~~

21 ~~after February 1 that the Board has estimated to be available~~

22 ~~to that Service Board under Section 4.11(a). If the Service~~

23 ~~Board submits a revised financial plan and budget which plan~~

24 ~~and budget shows that the criteria will be met within a four~~

25 ~~quarter period, the Board shall release any such withheld~~

26 ~~funds to the Service Board. The Board by the affirmative vote~~

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1 ~~of at least 12 of its then Directors may require a Service~~

2 ~~Board to submit a revised financial plan and budget which~~

3 ~~shows that the criteria will be met in a time period less than~~

4 ~~four quarters.~~

5 (d) All ~~budgets and financial plans,~~ financial statements,

6 audits, and other information presented to the Authority

7 pursuant to this Section or which may be required by the Board

8 to permit it to monitor compliance with the provisions of this

9 Section shall be prepared and presented in such manner and

10 frequency and in such detail as shall have been prescribed by

11 the Board, shall be prepared on both an accrual and cash flow

12 basis as specified by the Board, shall present such

13 information as the Authority shall prescribe that fairly

14 presents the condition of any pension plan or trust for health

15 care benefits with respect to retirees established by the

16 Service Board and describes the plans of the Service Board to

17 meet the requirements of Sections 4.02a and 4.02b, and shall

18 identify and describe the assumptions and projections employed

19 in the preparation thereof to the extent required by the

20 Board. ~~If the Executive Director certifies that a Service~~

21 ~~Board has not presented its budget and two-year financial plan~~

22 ~~in conformity with the rules adopted by the Authority under~~

23 ~~the provisions of Section 4.01(f) and this subsection (d), and~~

24 ~~such certification is accepted by the affirmative vote of at~~

25 ~~least 12 of the then Directors of the Authority, the Authority~~

26 ~~shall not distribute to that Service Board any funds for~~

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1 ~~operating purposes in excess of the amounts distributed for~~

2 ~~such purposes to the Service Board in the previous fiscal~~

3 ~~year. Except when the Board adopts a budget and a financial~~

4 ~~plan for a Service Board under paragraph (b)(5), a Service~~

5 ~~Board shall provide for such levels of transportation services~~

6 ~~and fares or charges therefor as it deems appropriate and~~

7 ~~necessary in the preparation of a budget and financial plan~~

8 ~~meeting the criteria set forth in clauses (i) through (vii) of~~

9 ~~subparagraph (2) of paragraph (b) of this Section. The~~

10 ~~Authority shall have access to and the right to examine and~~

11 ~~copy all books, documents, papers, records, or other source~~

12 ~~data of a Service Board relevant to any information submitted~~

13 ~~pursuant to this Section.~~

14 (e) Whenever this Section requires the Board to make

15 determinations with respect to estimates, budgets or financial

16 plans, or rules or regulations with respect thereto such

17 determinations shall be made upon the affirmative vote of at

18 least 12 of the then Directors and shall be incorporated in a

19 written report of the Board and such report shall be submitted

20 within 10 days after such determinations are made to the

21 Governor, the Mayor of Chicago (if such determinations relate

22 to the Chicago Transit Authority), and the Auditor General of

23 Illinois.

24 (Source: P.A. 97-399, eff. 8-16-11.)

25 (70 ILCS 3615/4.15)

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1 Sec. 4.15. Revolving door prohibition. No Director,

2 Service Board director or member, former Director, or former

3 Service Board director or member shall, during his or her term

4 and for a period of one year immediately after the end of his

5 or her term, engage in business dealings with, knowingly

6 accept employment from, or receive compensation or fees for

7 services from the ~~Regional Transportation~~ Authority, the

8 Suburban Bus Board, the Commuter Rail Board or the Chicago

9 Transit Board. This prohibition shall not apply to any

10 business dealings engaged in by the Director or Service Board

11 director or member in the course of his or her official duties

12 or responsibilities as a Director or Service Board director or

13 member.

14 (Source: P.A. 98-1027, eff. 1-1-15.)

15 (70 ILCS 3615/5.03) (from Ch. 111 2/3, par. 705.03)

16 Sec. 5.03. Limitation on Actions.

17 The Authority shall not be liable in any civil action for

18 any injury to any person or property for any acts or omissions

19 of any transportation agency or unit of local government, as a

20 result of the Authority making grants to or having a purchase

21 of service agreement with such agency or unit of local

22 government. Nothing in this Act, however, limits the power of

23 the Authority in its purchase of service agreements to pay the

24 cost of any such injuries.

25 No civil action shall be commenced in any court against

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1 the Authority or a Service Board by any person on account of

2 any wrongful death or for any injury to any person unless it is

3 commenced within one year from the date that the cause of

4 action accrued; provided, however, that the foregoing shall

5 not limit a transportation agency in bringing a civil action

6 to enforce its rights under a purchase of service agreement

7 with the Authority. This amendatory Act of 1995 applies only

8 to causes of action accruing on or after January 1, 1996.

9 (Source: P.A. 89-109, eff. 1-1-96.)

10 (70 ILCS 3615/5.05) (from Ch. 111 2/3, par. 705.05)

11 Sec. 5.05. Opt Out.

12 (a) Notwithstanding any other provision of this Act, if

13 the County Board of the County of DuPage, Kane, Lake, McHenry,

14 or Will by ordinance authorizes that such county shall elect

15 to terminate the powers of the Authority and the Suburban Bus

16 Division in that County, the Secretary of such County Board

17 shall certify that proposition to the proper election

18 officials, who shall submit such proposition at an election in

19 accordance with the general election law to decide whether or

20 not the County shall opt out; and if a majority of the voters

21 voting upon the proposition is in favor of terminating the

22 powers of the Authority and the Suburban Bus Division those

23 powers shall be terminated.

24 The form of the ballot to be used at the referendum shall

25 be substantially as follows:

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1 ---------------------------------

2 Shall ..... County Terminate the

3 Powers of the ~~Regional Transportation~~YES

4 Authority and the Suburban Bus ---------------------

5 Division in .... County NO

6 on ..... (date)

7 -------------------------------------------------------------

8 If a majority of the voters vote in favor of terminating

9 the powers of the Authority and the Suburban Bus Division then

10 all of the powers of the Authority and the Suburban Bus

11 Division shall terminate in such county except those powers

12 and functions which the Authority determines to be necessary

13 to exercise with regard to:

14 (i) public transportation by commuter rail, and

15 related public transportation facilities;

16 (ii) public transportation other than by commuter rail

17 which is required in order to comply with federal or State

18 laws and regulations, and related public transportation

19 facilities; and

20 (iii) public transportation other than by commuter

21 rail provided by the Suburban Bus Division pursuant to

22 contract with the County or other governmental entity

23 therein, and related public transportation facilities.

24 (b) The termination of the powers of the Authority and the

25 Suburban Bus Division referred to in paragraph (a) of this

26 Section with respect to any County shall occur on approval of

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1 the referendum by the electors provided on or prior to the date

2 of such termination, such County shall have:

3 (i) assumed the obligations of the Authority under all

4 laws, federal or State, and all contracts with respect to

5 public transportation or public transportation facilities

6 in such County, which statutory or contractual obligations

7 extend beyond the termination date provided for in

8 accordance with paragraph (c) of this Section provided

9 that such obligations shall not be deemed to include any

10 indebtedness of the Authority for borrowed money;

11 (ii) agreed to indemnify and hold harmless the

12 Authority against any and all claims, actions, and

13 liabilities arising out of or in connection with the

14 termination of the Authority's powers and functions

15 pursuant to paragraph (a) of this Section; and

16 (iii) taken or caused to be taken all necessary

17 actions and fulfilled or caused to be fulfilled all

18 requirements under federal and State laws, rules and

19 regulations with respect to such termination and any

20 related transfers of assets or liabilities of the

21 Authority. A County may, by mutual agreement with the

22 Authority, permit the Authority to fulfill one or more

23 contracts which by their terms extend beyond the

24 termination date provided for in accordance with paragraph

25 (c) of this Section, in which case the powers and

26 functions of the Authority in that County shall survive

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1 only to the extent deemed necessary by the Authority to

2 fulfill said contract or contracts. The satisfaction of

3 the requirements provided for in this paragraph shall be

4 evidenced in such manner as the Authority may require.

5 (c) Following an election to terminate the powers of the

6 Authority and the Suburban Bus Division at a referendum held

7 under paragraph (a) of this Section the County Board shall

8 notify the Authority of the results of the referendum which

9 notice shall specify a termination date, which is the last day

10 of the calendar month, but no earlier than December 31, 1984.

11 Unless the termination date is extended by mutual agreement

12 between the County and the Authority, the termination of the

13 powers and functions of the Authority in the County shall

14 occur at midnight on the termination date, provided that the

15 requirements of this Section have been met.

16 (d) The proceeds of taxes imposed by the Authority under

17 Sections 4.03 and 4.03.1 collected after the termination date

18 within a County wherein the powers of the Authority and the

19 Suburban Bus Division have been terminated under this Section

20 shall be provided by the Authority to the Commuter Rail Board

21 to support services under the jurisdiction of the Commuter

22 Rail Board which are attributable to that County, as

23 determined by the Commuter Rail Board. Any proceeds which are

24 in excess of that necessary to support such services shall be

25 paid by the Authority to that County to be expended for general

26 transportation purposes in accordance with law. If no services

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1 under the jurisdiction of the Commuter Rail Board are provided

2 in a County wherein the powers of the Authority have been

3 terminated under this Section, all proceeds of taxes imposed

4 by the Authority in the County shall be paid by the Authority

5 to the County to be expended for general transportation

6 purposes in accordance with law. The Authority or the Suburban

7 Bus Division has no obligation to see that the funds expended

8 under this paragraph by the County are spent for general

9 transportation purposes in accordance with law.

10 (Source: P.A. 83-885; 83-886.)

11 (70 ILCS 3615/5.15)

12 Sec. 5.15. Rail safety recommendation report. The ~~Regional~~

13 ~~Transportation~~ Authority, the Chicago Transit Authority, and

14 the Commuter Rail Division shall issue an annual report on or

15 before December 31 of each year containing all rail safety

16 recommendations made by the National Transportation Safety

17 Board during the previous 12 months and the status of the

18 ~~Regional Transportation~~ Authority's, the Chicago Transit

19 Authority's, and the Commuter Rail Division's implementation

20 of those recommendations, including for any recommendations

21 within the ~~Regional Transportation~~ Authority's

22 extra-territorial authority, if any. The reports shall be made

23 publicly available on the ~~Regional Transportation~~ Authority's

24 website.

25 (Source: P.A. 103-640, eff. 7-1-24.)

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1 (70 ILCS 3615/5.17 new)

2 Sec. 5.17. Diversity reporting.

3 (a) As used in this Section:

4 "Minority person" has the meaning given to that term in

5 Business Enterprise for Minorities, Women, and Persons with

6 Disabilities Act.

7 "Person with a disability" has the meaning given to that

8 term in Business Enterprise for Minorities, Women, and Persons

9 with Disabilities Act.

10 "Qualified veteran-owned small business" has the meaning

11 given to that term in Section 45-57 of the Illinois

12 Procurement Code.

13 "Small business" has the meaning given to that term in

14 Section 45-57 of the Illinois Procurement Code.

15 "Veteran" has the meaning given to that term in Section

16 45-57 of the Illinois Procurement Code.

17 "Woman" has the meaning given to that term in Business

18 Enterprise for Minorities, Women, and Persons with

19 Disabilities Act.

20 (b) All construction contractors who contract with the

21 Authority shall report to the Authority regarding the

22 diversity of its employees, apprenticeship hours, and its

23 spending. Reports must contain data providing:

24 (1) the number of women, minority persons, persons

25 with a disability, and veterans employed by the

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1 construction contractor;

2 (2) the apprenticeship hours performed by women,

3 minority persons, persons with a disability, and veterans;

4 and

5 (3) the spending for women-owned, minority-owned,

6 qualified veteran-owned, and small business enterprises in

7 the previous calendar year.

8 Reports shall express the percentage of the total work

9 performed on Authority projects by the construction contractor

10 submitting the report, the total apprenticeship hours and

11 percentage of apprenticeship hours performed by women,

12 minority persons, and veterans, and the actual spending and

13 percentage of spending by the construction contractor for all

14 women-owned, minority-owned, qualified veteran-owned small

15 business, and small business enterprises.

16 (c) The construction contractor shall submit a diversity

17 report to the Board of the Authority annually on the

18 anniversary of the contract. The Authority shall publish each

19 diversity report on its website.

20 (70 ILCS 3615/5.20 new)

21 Sec. 5.20. Vote of no confidence.

22 (a) The Authority may adopt by a two-thirds vote a

23 resolution of no confidence of the Executive Director of the

24 Commuter Rail Division, Suburban Bus Division, or Chicago

25 Transit Division, in the fitness to hold their position. The

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1 resolution may only be considered for just cause. For the

2 purposes of this Section, "just cause" means any egregious act

3 or omission, including, but not limited to, gross misconduct

4 or criminal conduct which impairs the individual's ability to

5 fulfill their duties and obligations, or for actions taken

6 that violate the terms of this Act.

7 Upon passage by a two-thirds vote of a motion to take a

8 no-confidence vote, the Authority shall provide written notice

9 to the affected party of its intent to adopt such resolution,

10 including a detailed explanation of the deficiencies that are

11 the basis of the "for Just Cause" determination. Within 15

12 days of receiving this written notice, the affected party may

13 respond in writing. Upon receipt of the affected party's

14 response, or 15 days after delivery of written notice,

15 whichever comes first, the Authority may vote on a resolution

16 of no confidence.

17 (b) If a two-thirds majority of all members of the

18 Authority vote in the affirmative to remove the Executive

19 Director of the Commuter Rail Division, Suburban Bus Division,

20 or Chicago Transit Division, then the Executive Director shall

21 be removed under a schedule that shall permit an orderly

22 transition in that office.

23 (70 ILCS 3615/5.25 new)

24 Sec. 5.25. Dial-a-ride service program.

25 (a) As used in this Section, "local dial-a-ride service"

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1 or "DAR service" means a door-to-door transportation service,

2 other than that mandated by the Americans with Disabilities

3 Act, that is operated by a Service Board or other unit of local

4 government and that allows passengers to request pick-up and

5 drop-off by telephone or other means and does not follow a

6 fixed route.

7 (b) A hired third party shall work in collaboration with

8 the Authority, Service Boards, counties, and townships that

9 operate dial-a-ride services to evaluate existing dial-a-ride

10 programs and create recommendations for coordinated service

11 across the region. The recommendations shall consider

12 coordination with existing dial-a-ride service and fixed-route

13 service operated by the Service Boards and potential expansion

14 of fixed-route service operated by the Service Boards. The

15 Authority shall work with the Service Boards, counties, and

16 townships that operate dial-a-ride services to implement the

17 recommendations following an affirmative vote of the board of

18 the Authority.

19 (c) After the recommendations have been completed, the

20 Authority may establish a DAR service program and authorize

21 the deposit of Authority moneys into a DAR Service Program

22 Fund. Amounts on deposits in the fund and interest and other

23 earnings on those amounts may be used by the Authority, with

24 the approval of its Directors, for:

25 (1) operating cost assistance up to a maximum of 80%

26 of the operating cost of the DAR service provided by a unit

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1 of local government;

2 (2) capital cost assistance for vehicles and

3 technology obtained by units of local government to

4 deliver DAR service;

5 (3) payment of Authority staff deployed to help

6 support DAR services operated by units of local government

7 and for other operating expenses incurred by the Authority

8 relating to the provision of DAR service by units of local

9 government or an operating unit of the Authority; and

10 (4) payment of capital costs incurred by the Authority

11 relating to its support of DAR service provided by units

12 of local government or by a Service Board.

13 (d) If the Board creates a DAR service program policy that

14 provides guidance on what DAR services provided by units of

15 local government are eligible for Authority support under the

16 DAR service program. The policy shall include:

17 (1) the level of operating and capital subsidies

18 available to units of local government from the Authority

19 under the DAR service program;

20 (2) eligibility criteria for units of local government

21 to receive operating or capital subsidies from the DAR

22 service program;

23 (3) a description of technical support the Authority

24 may supply units of local government that operate DAR

25 services;

26 (4) a description of how units of local government may

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1 obtain DAR services from a Service Board of the Authority;

2 (5) requirements that DAR services must be consistent

3 with service standards established by the Authority to be

4 eligible for operating or capital subsidies from the

5 Authority;

6 (6) the requirements for integration of a DAR service

7 operated by a unit of local government into the

8 Authority's fare collection, service branding, travel

9 information, and other systems required to provide riders

10 with seamless integration of DAR services with the

11 Authority's fixed-route transit services in the

12 metropolitan region;

13 (7) standardized hours of operation, rider eligibility

14 criteria, fares, service standards, and use of fare media

15 compatible with the Authority's fixed-route services, and

16 other service-related requirements established by the

17 Authority that shall be in effect for all DAR services

18 funded by the Authority;

19 (8) Authority funding support levels tied to objective

20 criteria such as DAR service ridership, cost per DAR

21 service ride, number of zero car households in the service

22 area, and percentage of trips by DAR service users that

23 also include travel on the Authority's fixed-route

24 services;

25 (9) requirements of any limitations on the provision

26 of DAR service across DAR service areas and to

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1 destinations outside the metropolitan region; and

2 (10) standardized forms of agreements between the

3 Authority and units of local government used in the

4 administration of the DAR service program setting forth

5 the funding arrangements, service levels, performance

6 measures, and other requirements for participation in the

7 program.

8 (e) The Authority shall not provide operating or capital

9 funding for a DAR service that does not meet the requirements

10 of the DAR Service Program policy.

11 (f) To better inform and implement the DAR service program

12 the Authority shall establish a DAR service coordination

13 council consisting of officials from each of the county

14 departments of transportation in the metropolitan region as

15 well as a diverse set of representatives from other local

16 units of government, social service providers, and other

17 community stakeholders. The coordination council shall advise

18 the Authority on policies to guide the DAR service program and

19 assist the Authority in improving DAR service quality,

20 coordination, and consistency throughout the metropolitan

21 region.

22 (g) The Authority may establish a DAR Service Board to

23 effectuate the goals and requirements of this Section.

24 (h) If the Authority creates a DAR program, then the

25 Authority shall address DAR service issues and its DAR service

26 program in its strategic plan and in its other plans and

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1 programs.

2 (70 ILCS 3615/5.30 new)

3 Sec. 5.30. Contract limitations on lame duck boards. On

4 and after the effective date of this amendatory Act of the

5 104th General Assembly and until the new Board of the

6 Authority and board of the Service Boards are seated, the

7 Regional Transit Authority and Service Boards shall not enter

8 into or renew any contract with a term of one year or more or a

9 total cost of $1,000,000 or more. Any contract entered into or

10 renewed in violation of this Section shall be voidable by the

11 new Board of the Authority or new board of the Service Board.

12 (70 ILCS 3615/Art. VI heading new)

13 ARTICLE VI. SERVICE

14 (70 ILCS 3615/6.01 new)

15 Sec. 6.01. Service standards.

16 (a) The Authority shall adopt service standards to guide

17 the provision of public transportation throughout the

18 metropolitan region.

19 (b) The service standards shall identify quantitative and

20 qualitative attributes of quality public transit service using

21 metrics drawn from the performance of high-quality transit

22 systems in global metropolitan areas with populations and

23 metropolitan economies comparable to the metropolitan region.

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1 (c) The service standards shall include a framework that

2 describes the appropriate characteristics for each type of

3 service or mode. These characteristics include, but are not

4 limited to, mode, frequency, time span, vehicle type, stop

5 spacing, vehicle and stop amenities, network connectivity,

6 route directness, route deviation, and coverage of service.

7 Consideration shall be given to vehicle revenue hours, vehicle

8 revenue miles, passenger miles traveled, and unlinked

9 passenger trips.

10 (d) The service standards shall cover the entire

11 metropolitan region and include the development of transit

12 propensity thresholds for each type of service or mode.

13 Transit propensity metrics shall include, but are not limited

14 to, population density, employment density, low-income

15 populations, disabled populations, zero-car households,

16 intersection density, and the presence of sidewalks. The

17 Authority shall develop weights for each metric and a scoring

18 system to determine transit propensity.

19 (e) The service standards shall be adjusted as appropriate

20 to accommodate the addition of modes of public transportation

21 not currently being provided by the Authority, which may

22 include, but are not limited to:

23 (1) streetcars;

24 (2) light rail;

25 (3) full-scale bus rapid transit;

26 (4) a transition from commuter rail to regional rail

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1 or a combination of commuter and regional rail; and

2 (5) electrified versions of current combustion engine

3 vehicle systems.

4 (f) A unit of local government may petition the Authority

5 to increase the level of transit service provided above what

6 would otherwise be provided through the service standards. The

7 Authority may develop plans and policies to assist units of

8 local government in identifying corridors where additional

9 service could be provided.

10 (g) The service standards shall include the transition of

11 commuter rail in the metropolitan region to a regional rail

12 service pattern or the retention of commuter rail with

13 additional regional rail service.

14 (h) Service standards and transit propensity thresholds

15 shall be developed, adopted by the board of directors, and

16 implemented by December 31, 2027.

17 (1) The development of such standards shall be done

18 cooperatively by staff of the Authority and the Service

19 Boards, including input from the bus and train operators

20 and train operating crews employed by the Service Boards.

21 (2) In developing and evaluating the service

22 standards, special consideration shall be given to

23 limitations experienced by the commuter rail board due to

24 shared infrastructure with freight rail.

25 (3) After service standards are implemented, the

26 Authority shall meet with each of the Service Boards at

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1 least quarterly each year to ensure operations are

2 continuing effectively and to discuss issues or concerns

3 related to the service standards.

4 (4) The Board shall review and make adjustments to the

5 service standards in conjunction with its adoption of the

6 Authority's Strategic Plan.

7 (i) Until December 31, 2030, this Section shall only apply

8 to revenue generated by taxes under Section 4.03 and any funds

9 distributed to the Service Boards based on Section 4.03.3.

10 (j) Until December 31, 2030, the amount of funding

11 distributed to each Service Board under this Section shall be,

12 at a minimum, equal to the amount of funding distributed in

13 2025 under Section 4.03.3 of the Regional Transportation

14 Authority Act to each Service Board. If the revenue generated

15 under Section 4.03.03 of the Regional Transportation Authority

16 Act in a year is below that of 2025, then the amount of funding

17 distributed to each Service Board under this Section shall be

18 reduced proportionally.

19 (k) Following the implementation of service standards, the

20 Authority and the Service Boards, their chief executive

21 officers, and other employees as required shall, upon request

22 of the General Assembly, attend a minimum of one hearing

23 annually before an appropriations committee and a substantive

24 committee of the House of Representatives and an

25 appropriations committee and a substantive committee of the

26 Senate regarding the implementation and efficacy of service

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1 standards and other issues as requested. These hearings may be

2 conducted in Chicago or Springfield or any other location

3 selected by the General Assembly.

4 (l) The Authority shall compile and publish reports

5 comparing the actual public transportation system performance

6 measured against the service standards. The performance

7 measures shall include customer-related performance data

8 measured by line, route, or subregion, as determined by the

9 Authority, including, but not limited to:

10 (1) travel times and on-time performance;

11 (2) ridership data;

12 (3) equipment failure rates;

13 (4) employee and customer safety;

14 (5) crowding;

15 (6) cleanliness of vehicles and stations;

16 (7) service productivity; and

17 (8) customer satisfaction.

18 The Service Boards shall prepare and submit to the

19 Authority the reports with regard to these performance

20 measures in the frequency and form required by the Authority.

21 The Authority shall compile and publish the reports on its

22 website on a regular basis, no less than monthly. The

23 Authority shall implement consistent data reporting standards.

24 (m) The service standards and performance measures shall

25 not be used as a basis for disciplinary action against any

26 employee of the Authority or a Service Board, except to the

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1 extent that the collective bargaining agreements and

2 employment and disciplinary practices of the Authority or the

3 relevant Service Board provide for the action.

4 (70 ILCS 3615/6.02 new)

5 Sec. 6.02. Service performance reporting.

6 (a) The Authority shall compile and publish reports

7 comparing the actual public transportation system performance

8 measured against the service standards. The performance

9 measures shall include customer-related performance data

10 measured by line, route, or subregion, as determined by the

11 Authority, including, but not limited to:

12 (1) travel times and on-time performance;

13 (2) ridership data;

14 (3) equipment failure rates;

15 (4) employee and customer safety;

16 (5) crowding;

17 (6) cleanliness of vehicles and stations;

18 (7) service productivity; and

19 (8) customer satisfaction.

20 (b) Transit agencies that receive funding from the

21 Authority shall prepare and submit to the Authority the

22 reports with regard to these performance measures in the

23 frequency and form required by the Authority. The Authority

24 shall compile and publish the reports on its website on a

25 regular basis, no less than monthly.

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1 (c) The service standards and performance measures shall

2 not be used as the basis for disciplinary action against any

3 employee of the Authority, except to the extent the employment

4 and disciplinary practices of the Authority provide for the

5 action.

6 (70 ILCS 3615/Art. VII heading new)

7 ARTICLE VII. INTERNAL AUDIT

8 (70 ILCS 3615/7.01 new)

9 Sec. 7.01. Chief Internal Auditor.

10 (a) The Board of the Authority shall appoint a Chief

11 Internal Auditor, who shall report directly to the Board. The

12 Chief Internal Auditor shall:

13 (1) have earned a baccalaureate degree from an

14 institution of higher education;

15 (2) be a certified internal auditor, certified public

16 accountant with at least 5 years of auditing experience,

17 or an auditor with 5 years of auditing experience; and

18 (3) have not been convicted of any felony under the

19 laws of this State, another State, or the United States.

20 The term of the Chief Internal Auditor shall be 5 years.

21 The initial appointment shall be made within 180 days after

22 the effective date of this amendatory Act of the 104th General

23 Assembly. A Chief Internal Auditor may be reappointed to one

24 or more subsequent terms. A Chief Internal Auditor may only be

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1 removed for cause. Cause for removal includes incompetence,

2 neglect of duty, malfeasance in office, and violation of the

3 prohibitions of subsection (d). A vacancy occurring during a

4 term shall be filled with a 5-year appointment.

5 (b) The Chief Internal Auditor appointed by the Board of

6 the Authority shall have jurisdiction over the Commuter Rail

7 Operator of the metropolitan region, the Suburban Bus Operator

8 of the metropolitan region, the Chicago Transit Authority, and

9 all officers and employees of, and vendors and others doing

10 business with, the Authority and its agencies. The Chief

11 Internal Auditor has jurisdiction over all Authority agencies

12 to make post audits and investigations authorized by or under

13 this Act.

14 (c) The Chief Internal Auditor shall:

15 (1) direct the internal audit functions and activities

16 of the Authority, including conducting operational,

17 financial, compliance, performance, information

18 technology, and special audits to determine the adequacy

19 of the Authority's systems of internal control and ensure

20 compliance with Authority and State requirements;

21 (2) prepare audit reports and assess program goals,

22 including making recommendations leading to compliance,

23 reduced operating costs, improved services, and greater

24 general efficiency and effectiveness in existing Authority

25 operations;

26 (3) be responsible for the preparation of an annual

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1 audit plan for submission to, and subject to the approval

2 of, the Board of the Authority;

3 (4) follow-up on findings in internal and external

4 audit reports to determine if appropriate remedial action

5 has been taken;

6 (5) coordinate external audit request and report

7 responses to be completed by Authority management; and

8 (6) perform other duties as required by law or

9 ordinance.

10 (d) The Chief Internal Auditor or any deputy internal

11 auditor may not:

12 (1) become a candidate for any elective public office;

13 (2) hold any other public office, by appointment or

14 otherwise, except for appointments on governmental

15 advisory boards or study commissions or as otherwise

16 expressly authorized by law;

17 (3) hold any other employment;

18 (4) be actively involved in the affairs of any

19 political party;

20 (5) actively participate in any political campaign for

21 any public office created by the Constitution or by any

22 statute of the State;

23 (6) actively participate in any campaign relating to a

24 referendum or public question concerning the Constitution,

25 the government of the State or any local or private agency

26 audited by the Authority's Chief Internal Auditor during

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1 the preceding 4 years;

2 (7) hold any legal, equitable, creditor, or debt

3 interest in any partnership, firm, or other entity which

4 contracts with the Authority during the Chief Internal

5 Auditor's or the deputy internal auditor's term or tenure;

6 (8) have any direct or indirect financial or economic

7 interest in the transactions of the Authority audited by

8 the Chief Internal Auditor during the Chief Internal

9 Auditor's or the deputy internal auditor's term or tenure;

10 except that written disclosure of any such interest to the

11 Board of the Authority and formal disqualification from

12 participation in any post audit involving that transaction

13 may, with the approval of the Board of the Authority,

14 constitute compliance with this paragraph if the interest

15 is either insubstantial or results directly from an

16 interest held before becoming Chief Internal Auditor or

17 deputy internal auditor;

18 (9) conduct or supervise a post audit of any outside

19 agency or vendor for which they were responsible or by

20 which they were employed or with which they contracted

21 during the preceding 4 years; and

22 (10) make or report publicly any charges of

23 nonfeasance or malfeasance in the office of any public

24 official or illegal conduct of any person unless they know

25 of reasonable grounds, based on accepted auditing and

26 accounting standards, for the charges.

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1 (e) The Chief Internal Auditor may hire employees as may

2 be necessary and appropriate to carry out the Chief Internal

3 Auditor's duties, including Deputy Internal Auditors. The

4 Chief Internal Auditor may determine the duties of all

5 employees and may delegate the Chief Internal Auditor's power

6 and authority to deputy internal auditors.

7 (f) The Chief Internal Auditor may contract with certified

8 public accountants licensed in Illinois, qualified management

9 consultants, attorneys licensed in this State, and other

10 persons or firms necessary to carry out the Chief Internal

11 Auditor's duties. The Chief Internal Auditor may designate any

12 person with whom the Chief Internal Auditor contracts as a

13 special assistant auditor for the purpose of conducting a post

14 audit or investigation under the Chief Internal Auditor's

15 supervision. The Chief Internal Auditor may delegate the Chief

16 Internal Auditor's powers and authority respecting post audits

17 and investigations to special assistant auditors other than

18 the power of subpoena, but any delegation of authority to

19 administer oaths or take depositions must be made in writing

20 and limited to a particular audit or investigation.

21 (g) The Chief Internal Auditor shall conduct a financial

22 audit, a compliance audit, or other attestation engagement, as

23 is appropriate to the Authority's operations under generally

24 accepted government auditing standards, of each Authority

25 agency at least once during every biennium. The general

26 direction and supervision of the financial audit program may

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1 be delegated only to an individual who is a certified public

2 accountant and a payroll employee under the control of the

3 Chief Internal Auditor. In the conduct of financial audits,

4 compliance audits, and other attestation engagements, the

5 Chief Internal Auditor may inquire into and report upon

6 matters properly within the scope of a performance audit,

7 provided that the inquiry shall be limited to matters arising

8 during the ordinary course of the financial audit.

9 (h) The Chief Internal Auditor shall conduct a performance

10 audit of an agency of the Authority when directed by the Board

11 of the Authority. The directive may:

12 (1) require the Chief Internal Auditor to examine and

13 report on specific management efficiencies or

14 cost-effectiveness proposals specified therein;

15 (2) in the case of a program audit, set forth specific

16 program objectives, responsibilities, or duties or specify

17 the program performance standards or program evaluation

18 standards to be the basis of the program audit;

19 (3) be directed at particular procedures or functions

20 established by statute, ordinance, administrative rule, or

21 precedent; and

22 (4) require an examination and report upon specific

23 proposals relating to Authority programs specified in the

24 directive.

25 (i) The Chief Internal Auditor may initiate and conduct a

26 special audit whenever the Chief Internal Auditor determines

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1 it to be in the public interest.

2 (j) The Chief Internal Auditor may initiate and conduct an

3 economy and efficiency audit of an agency or program of the

4 Authority whenever the findings of a post audit indicate that

5 an economy and efficiency audit is advisable or in the public

6 interest, if the Chief Internal Auditor has given the Board of

7 the Authority at least 30 days prior notice of the Chief

8 Internal Auditor's intention to conduct the audit and the

9 Board of the Authority has not disapproved of that audit.

10 (k) The Chief Internal Auditor may, at any time, make an

11 informal inquiry of any agency of the Authority concerning its

12 obligation, receipt, expenditure, or use of Authority funds or

13 other public funds, but an internal inquiry may not be in the

14 nature of an investigation or post audit.

15 (l) The Chief Internal Auditor may adopt rules

16 establishing post audit standards consistent with attestation

17 standards and auditing standards issued by the American

18 Institute of Certified Public Accountants (AICPA), related

19 AICPA Statements on Standards for Attestation Engagements, and

20 in accordance with generally accepted government auditing

21 standards current at the time the audit is commenced.

22 (m) All Authority agencies and their officers and

23 employees shall promptly comply with, and aid and assist the

24 Chief Internal Auditor in the exercise of the Chief Internal

25 Auditor's powers and duties under this Section.

26 At the request of the Chief Internal Auditor, each agency

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1 of the Authority shall, without delay, make available to the

2 Chief Internal Auditor or the Chief Internal Auditor's

3 designated representative any record or information requested

4 and shall provide for examination or copying all records,

5 accounts, papers, reports, vouchers, correspondence, books,

6 and other documentation in the custody of that agency,

7 including information stored in electronic data processing

8 systems, which is related to or within the scope of any audit

9 or investigation under this Section.

10 The Chief Internal Auditor shall report to the Board of

11 the Authority, each instance in which an agency of the

12 Authority fails to cooperate promptly and fully as required by

13 this Section.

14 The Chief Internal Auditor may institute and maintain any

15 action or proceeding to secure compliance with this Section.

16 (n) Upon completion of any audit, the Chief Internal

17 Auditor shall issue an audit report which shall include: a

18 precise statement of the scope of the audit or review; a

19 statement of the material findings resulting from the audit; a

20 statement of the underlying cause, evaluative criteria used,

21 and the current and prospective significance thereof; and a

22 statement of explanation or rebuttal that may have been

23 submitted by the agency audited relevant to the audit findings

24 included in the report.

25 As part of this report the Chief Internal Auditor shall

26 prepare a signed digest of the significant matters of the

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1 report and, as may be applicable, a concise statement of:

2 (1) any actions taken or contemplated by persons or

3 agencies subsequent to the completion of the audit but

4 prior to the release of the report, which bear on matters

5 in the report;

6 (2) any actions the Chief Internal Auditor considers

7 necessary or desirable; and

8 (3) any other information the Chief Internal Auditor

9 deems useful to the Board of the Authority in order to

10 understand or act on any matters presented in the audit.

11 All audit reports shall be maintained in the Office of the

12 Chief Internal Auditor as a public record, except to the

13 extent that information contained in the report is made

14 confidential or privileged by law.

15 If the post audit of an agency of the Authority discloses

16 an apparent violation of a penal statute or an apparent

17 instance of misfeasance, malfeasance, or nonfeasance, by any

18 person, relating to the obligation, expenditure, receipt, or

19 use of public funds, the Chief Internal Auditor shall

20 immediately make a written report to the Board of the

21 Authority stating that to be the case and setting forth the

22 underlying facts that have led to that conclusion.

23 (o) By March 1, each year, the Chief Internal Auditor

24 shall submit to the Board of the Authority an annual report

25 summarizing all audits, investigations, and special studies

26 made under this Section during the last preceding calendar

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1 year. The Chief Internal Auditor shall prepare and distribute

2 other reports as may be required by the Board of the Authority.

3 (p) If records or information are classified as

4 confidential under law, then the records or information shall

5 be disclosed to the Office of the Chief Internal Auditor as

6 necessary and to the extent required for the performance of an

7 authorized post audit. Federal tax information shall only be

8 provided in accordance with federal law and regulations

9 applicable to the safeguarding of federal tax information.

10 Confidential records or information disclosed to the Office of

11 the Chief Internal Auditor shall be subject to the same legal

12 confidentiality and protective restrictions in the Office of

13 the Chief Internal Auditor as the records and information have

14 in the hands of the official authorized custodian. Any

15 penalties applicable to the officially authorized custodian or

16 the custodian's employees for the violation of any

17 confidentiality or protective restrictions applicable to the

18 records or information shall also apply to the officers,

19 employees, contractors, and agents of the Office of the Chief

20 Internal Auditor.

21 The Office of the Chief Internal Auditor may not publish

22 any confidential information or records in any report,

23 including data and statistics, if the information as published

24 is directly or indirectly matchable to any individual.

25 Inside the Office of the Chief Internal Auditor,

26 confidential records or information may be used only for

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1 official purposes. Any officer, employee, contractor, or agent

2 of the Office of the Chief Internal Auditor who violates any

3 legal confidentiality or protective restriction governing any

4 records or information shall be guilty of a Class A

5 misdemeanor unless a greater penalty is otherwise provided by

6 law.

7 (70 ILCS 3615/7.02 new)

8 Sec. 7.02. Transition.

9 (a) The Authority shall provide for an orderly transition

10 of functions and responsibilities under this amendatory Act of

11 the 104th General Assembly through the development of a

12 transition plan. By April 1, 2026, or as soon thereafter as is

13 reasonably feasible, the Authority shall enter into a contract

14 with a third party to assist with the transition plan,

15 including the transition of certain functions between the

16 Service Boards and the Authority. This contract shall also

17 include a study of the functions outlined in subsection (e) to

18 inform the optimum allocation of those functions to allow for

19 the efficient exercise by the Authority of the powers under

20 this Act and the Chicago Transit Authority Act, the Suburban

21 Bus Division under Article 3A, the Commuter Rail Division

22 under Article 3B, and the Chicago Transit Authority under the

23 Chicago Transit Authority Act.

24 (b) To assist the contracted third party and the

25 Authority, a Transition Working Group shall be established and

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1 supported by the Authority that shall be consulted throughout

2 the transition process.

3 (1) The Transition Working Group shall be made up of

4 15 members, comprised of representatives from the

5 Authority, each of the Service Boards, and at least one

6 member from a statewide labor organization recognized

7 under the National Labor Relations Act or the Railway

8 Labor Act and resides within the 6-county metropolitan

9 region of the Authority.

10 (2) The Transition Working Group shall meet regularly

11 with the Authority and the hired third party throughout

12 the duration of the contract to provide insight into the

13 workings of the Authority and Service Boards.

14 (3) As needed, the Transition Working Group shall

15 convene and assemble other necessary staff of the Service

16 Boards and the Authority to aid in the transition.

17 (4) The Authority shall appoint the members of the

18 Transition Working Group by April 30, 2026.

19 (c) The Service Boards shall work closely with the

20 Authority and provide all relevant data and information

21 necessary to complete the transition plan. The Authority shall

22 have access to and the right to examine and copy all books,

23 documents, papers, records, or other source data of a Service

24 Board relevant to any information submitted under this

25 Section.

26 (d) The transition plan shall evaluate and propose a

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1 transition plan for each of the following:

2 (1) Establishing a new process and coordination

3 between the Authority and the Service Boards to create the

4 5-Year Capital Program. This process shall be established

5 by January 1, 2027.

6 (2) The creation of a universal fare instrument and

7 necessary coordination between the Authority and the

8 Service Boards. This process shall be established by July

9 1, 2027.

10 (3) The development and deployment of a police force,

11 as outlined under Section 2.11. A police force transition

12 plan shall be completed by January 1, 2028, outlining

13 steps already taken to create a new Transit Police Force

14 department and future plans for hiring, training, and

15 technology to be used. This report shall also include the

16 organizational structure of the police force, the number

17 of officers, detectives, and other staff employed.

18 (e) As part of the development of the transition plan, the

19 Authority and the hired third party shall evaluate the

20 existing policy processes performed by the Authority and each

21 of the Service Boards and develop a process for efficient and

22 effective operations by both the Authority and the Service

23 Boards for:

24 (1) procurement, with special consideration given to

25 the consolidation of bulk fuel purchases, information

26 technology services, consulting contracts, and

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1 subscriptions;

2 (2) service planning;

3 (3) grant administration;

4 (4) marketing;

5 (5) lobbying;

6 (6) communication, media, and graphics design;

7 (7) governmental and legislative affairs; and

8 (8) information technology.

9 (f) The hired third party shall evaluate existing

10 paratransit programs and produce recommendations for improved

11 coordination and service. The recommendations may include, but

12 are not limited to, a streamlined central dispatch service,

13 limitations on rideshare or third-party transportation

14 services subsidized by the Authority or Suburban Bus Board,

15 improved coordination of paratransit and accessible mainline

16 transportation services, and other measures to improve the

17 customer and worker experience. The recommendations shall

18 prioritize the use of service operated by certified W-2

19 employee drivers. These recommendations shall be brought to

20 the Board by January 1, 2027 for approval. The Authority shall

21 take action on these recommendations no later than April 1,

22 2027 and report back to the Board with progress January 1,

23 2028.

24 (g) The Authority shall regularly report to the Board on

25 the status of the transition effort and make recommendations

26 for Board policies and actions. The Authority and the hired

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1 third party shall prepare a summary of its activities and

2 produce a final report of the transition activities already

3 performed, future recommendations, and relevant data for the

4 General Assembly by July 1, 2027.

5 (h) The Authority shall implement the provisions of the

6 transition plan by ordinance no later than July 1, 2027,

7 notwithstanding any deadlines provided in this Section, and

8 the Service Boards shall take any corresponding actions

9 required.

10 (70 ILCS 3615/7.03 new)

11 Sec. 7.03. ADA Advisory Council.

12 (a) There is established an ADA Advisory Council. The

13 Board shall appoint at least 5 and not more than 15 members to

14 the ADA Advisory Council. The Board may follow the selection

15 process in Section 2.06 for its appointments to the ADA

16 Advisory Council.

17 (b) The purpose of the ADA Advisory Council is to advise

18 the Board of the Authority of the impact of Authority

19 policies, programs, and public transportation services on

20 disabled transit riders within the metropolitan region and to

21 make recommendations for how to improve public transportation

22 in the metropolitan region.

23 (c) The Board shall strive to assemble an ADA Advisory

24 Council that is reflective of the diversity of the

25 metropolitan region, the users of the various modes of public

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1 transportation, and the interests of the residents of the

2 region in a strong public transportation system.

3 (d) ADA Advisory Council members shall be appointed to

4 terms of 5 years, may be reappointed to serve multiple terms,

5 and may continue to serve after expiration of their terms

6 until their successors are appointed.

7 (e) The members of the ADA Advisory Council shall elect a

8 Chair, who shall preside over meetings, which shall occur

9 monthly or on such other schedule as is set by vote of the ADA

10 Advisory Council and shall establish meeting agendas in

11 consultation with fellow ADA Advisory Council members and the

12 Authority.

13 (f) Meetings of the ADA Advisory Council shall be held in

14 compliance with the Open Meetings Act, and the public shall be

15 given an opportunity to attend and comment on matters

16 pertaining to the work of the ADA Advisory Council.

17 (g) The Authority shall designate one or more staff

18 liaisons to provide technical support for the ADA Advisory

19 Council and to facilitate direct communication between the ADA

20 Advisory Council and those in the Authority responsible for

21 delivering public transportation services.

22 (h) The ADA Advisory Council shall:

23 (1) review and comment on proposed Authority budgets,

24 financial plans, capital programs, fare policies, and

25 service standards;

26 (2) convey concerns pertaining to the quality,

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1 efficiency, safety, accessibility, and equity of mainline

2 and paratransit public transportation services as they

3 impact disabled riders;

4 (3) assess the efficacy of Authority initiatives to

5 protect the safety of disabled riders on the public

6 transportation system;

7 (4) preparing and conveying recommendations to the

8 Authority for how the Authority can improve the quality,

9 efficiency, and equity of public transportation service

10 for disabled riders in the metropolitan region;

11 (5) serve as a resource for connecting disabled riders

12 and disability advocacy organizations with those in the

13 Authority responsible for delivering public transportation

14 services;

15 (6) advocate for funding, policies, and laws that

16 shall improve public transportation in the metropolitan

17 region; and

18 (7) serve as a resource for Authority staff to discuss

19 proposed changes to services, policies, and technologies

20 affecting disabled transit riders before those changes are

21 implemented.

22 (i) The Authority shall provide adequate technical support

23 so the ADA Advisory Council can function effectively, provide

24 regular briefing on service delivery issues and other topics

25 of interest for transit riders, make staff responsible for

26 delivery of public transportation services accessible to the

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1 ADA Advisory Council, give the ADA Advisory Council sufficient

2 information and time to comment on proposed plans and

3 policies, and take into account the comments and

4 recommendations of the ADA Advisory Council before taking

5 action on initiatives that impact public transit riders.

6 (j) In conjunction with formation of the ADA Advisory

7 Council, the Authority shall establish an Office of Disability

8 of Policy and Planning, whose initial responsibilities shall

9 include developing ADA-related training standards, complaint

10 and comment procedures, paratransit eligibility criteria, and

11 a regional Transit Accessibility Plan in collaboration with

12 the ADA Advisory Committee.

13 (k) Members of the ADA Advisory Council shall serve

14 without compensation but shall be entitled to reimbursement of

15 reasonable and necessary costs incurred in the performance of

16 their duties.

17 (l) ADA Advisory Council members are subject to public

18 transportation usage requirements applicable to Directors.

19 (70 ILCS 3615/7.04 new)

20 Sec. 7.04. Riders Advisory Council.

21 (a) There is established a Riders Advisory Council. The

22 Board shall appoint at least 5 and not more than 15 members to

23 the Riders Advisory Council. The Board may follow the

24 selection process in Section 2.06 for its appointments to the

25 Riders Advisory Council.

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1 (b) The purpose of the Riders Advisory Council is to

2 advise the Board of the Authority on the impact of Authority

3 policies, programs, and public transportation services on

4 transit riders within the metropolitan region and to make

5 recommendations for how to improve public transportation in

6 the metropolitan region.

7 (c) The Board shall strive to assemble a Riders Advisory

8 Council that is reflective of the diversity of the

9 metropolitan region, the users of the various modes of public

10 transportation, and the interests of the residents of the

11 region in a strong public transportation system.

12 (d) Members of the Riders Advisory Council shall be

13 appointed to terms of 5 years, may be reappointed to serve

14 multiple terms, and may continue to serve after expiration of

15 their terms until their successors are appointed.

16 (e) The members of the Riders Advisory Council shall elect

17 a Chair, who shall preside over meetings, which shall occur

18 monthly or on such other schedule as is set by vote of the

19 Riders Advisory Council, and shall establish meeting agendas

20 in consultation with fellow Riders Advisory Council members

21 and the Authority.

22 (f) Meetings of the Riders Advisory Council shall be held

23 in compliance with the Open Meetings Act, and the public shall

24 be given an opportunity to attend and comment on matters

25 pertaining to the work of the Riders Advisory Council.

26 (g) The Authority shall designate one or more staff

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1 liaisons to provide technical support for the Riders Advisory

2 Council and to facilitate direct communication between the

3 Riders Advisory Council and those in the Authority responsible

4 for delivering public transportation services.

5 (h) The Riders Advisory Council shall:

6 (1) review and comment on proposed Authority budgets,

7 financial plans, capital programs, fare policies, and

8 service standards;

9 (2) convey rider concerns pertaining to the quality,

10 efficiency, safety, accessibility, and equity of public

11 transportation services;

12 (3) assess the efficacy of Authority initiatives to

13 protect the safety of riders on the public transportation

14 system;

15 (4) prepare and convey recommendations to the

16 Authority for how the Authority can improve the quality,

17 efficiency, and equity of public transportation service in

18 the metropolitan region;

19 (5) serve as a resource for connecting riders and

20 rider advocacy organizations with those in the Authority

21 responsible for delivering public transportation services;

22 (6) advocate for funding, policies, and laws that

23 shall improve public transportation in the metropolitan

24 region; and

25 (7) serve as a resource for Authority staff to discuss

26 proposed changes to services, policies, and technologies

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1 affecting transit riders before those changes are

2 Implemented.

3 (i) The Authority shall provide adequate technical support

4 so the Riders Advisory Council can function effectively,

5 provide regular briefing on service delivery issues and other

6 topics of interest for transit riders, make staff responsible

7 for delivery of public transportation services accessible to

8 the Riders Advisory Council, give the Riders Advisory Council

9 sufficient information and time to comment on proposed plans

10 and policies, and take into account the comments and

11 recommendations of the Riders Advisory Council before taking

12 action on initiatives that impact public transit riders.

13 (j) Members of the Riders Advisory Council shall serve

14 without compensation but shall be entitled to reimbursement of

15 reasonable and necessary costs incurred in the performance of

16 their duties.

17 (k) Riders Advisory Council members are subject to public

18 transportation system usage requirements applicable to

19 Directors.

20 (70 ILCS 3615/7.05 new)

21 Sec. 7.05. Regional Service Councils.

22 (a) Within one year after the effective date of this

23 amendatory Act of the 104th General Assembly, the Authority

24 shall establish, by ordinance, 3 Regional Service Councils.

25 (b) The purpose of the Regional Service Councils is to

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1 give communities, businesses, educational institutions, social

2 services providers, and other institutions that rely on public

3 transportation for workers, customers, clients, and visitors

4 direct access to Authority staff responsible for the delivery

5 of transit services to convey concerns and recommendations

6 about public transportation services in their communities.

7 (c) The Authority shall establish 3 Regional Service

8 Councils with the following approximate initial boundaries:

9 (1) North Regional Service Council: Lake Michigan on

10 the east, I-55 to I-90 on the south, and the boundaries of

11 the metropolitan region on the west and north.

12 (2) West Regional Service Council: Lake Michigan on

13 the east, Chicago Avenue and I-90 on the north, the

14 boundary of the metropolitan region on the west, and I-55

15 on the south.

16 (3) South Regional Service Council: Lake Michigan and

17 the boundary of the metropolitan region in the east and

18 south, I-55 to I-90 to Chicago Avenue on the north.

19 (d) No less than once every 10 years, and after

20 consultation with the Chicago Metropolitan Agency for

21 Planning, the Authority may, by ordinance, adjust the

22 boundaries of the Regional Service Councils to reflect changes

23 in population, public transportation usage, and public

24 transportation services or to conform the boundaries of the

25 Councils to better match the boundaries of councils of mayors,

26 councils of governments, or other civic organizations.

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1 (e) Each Regional Service Council will be composed of 9

2 members, selected as follows:

3 (1) In DuPage, Kane, McHenry, Lake, and Will counties,

4 by the Chair of each county board with the advice and

5 consent of the County board; and

6 (2) In Cook County the Mayor of the City of Chicago,

7 with the advice and consent of the Chicago City Council,

8 will pick the first member allocated to Cook County for a

9 Regional Service Council, the President of the Cook County

10 Board, with the advice and consent of the Cook County

11 Board, will pick the second member allocated to Cook

12 County for that Regional Service Council, and the

13 appointment authority shall alternate in this manner

14 between the Mayor of the City of Chicago and the President

15 of the Cook County Board until all Cook County

16 appointments to a Regional Service Council have been made.

17 (f) Appointments to each Regional Service Council shall be

18 allocated among these appointing authorities in proportion to

19 the sum of population and public transit boardings in each

20 county that is within the territory of a Regional Service

21 Council, provided that any county with territory inside the

22 boundaries of a Council shall be entitled to at least one seat.

23 (g) The Chicago Metropolitan Agency for Planning shall

24 assist the Authority in setting the initial boundaries of the

25 Regional Service Councils under subsection (c) and in

26 determining how appointments to the Regional Service Councils

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1 shall be allocated under subsection (f), and the Authority

2 shall outline the methodology used and the results in an

3 ordinance adopted by the Board.

4 (h) After consulting with councils of mayors and other

5 community organizations, appointing authorities shall strive

6 to assemble Regional Service Councils that include a diverse

7 and capable membership that is reflective of the diversity of

8 the Metropolitan region, including elected officials such as

9 mayors, transportation experts, and representatives from

10 community entities that are reliant on public transportation.

11 (i) The appointing authorities may follow the selection

12 process in Section 2.06 for their appointments to the Regional

13 Service Councils.

14 (j) Regional Service Council members shall be appointed to

15 terms of 5 years, may be reappointed to serve multiple terms,

16 and may continue to serve after expiration of their terms

17 until their successors are appointed.

18 (k) The appointing authorities shall make their initial

19 appointments to the Regional Service Councils no more than 180

20 days after the Authority passes an ordinance establishing the

21 Regional Service Councils and allocating seats among the

22 appointing Authorities.

23 (l) Each Regional Service Council shall elect a Chair, who

24 shall preside over meetings, which shall occur monthly or on

25 such other schedule as is set by vote of the Regional Service

26 Council, and shall establish meeting agendas in consultation

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1 with fellow Regional Service Council members and the

2 Authority.

3 (m) The Regional Service Councils may establish

4 cross-Council subcommittees to address issues that extend

5 across Regional Service Council boundaries, provided that

6 there is established a standing Chicago Central Business

7 District Subcommittee composed of 3 members from each Regional

8 Service Council to focus on public transportation issues in

9 the common area within the boundaries of the Regional Service

10 Councils.

11 (n) Meetings of the Regional Service Councils and Regional

12 Service Council subcommittees shall be held in compliance with

13 the Open Meetings Act, and the public shall be given the

14 opportunity to attend and comment on matters pertaining to the

15 work of the Regional Service Councils and the Authority's

16 delivery of public transit services in the metropolitan

17 region.

18 (o) The Authority shall designate one or more staff

19 liaisons to provide technical support for the Regional Service

20 Councils and facilitate direct communication between the

21 Regional Service Councils and those in the Authority

22 responsible for delivering public transportation services.

23 (p) The Regional Service Councils shall:

24 (1) review and comment on proposed Authority budgets,

25 financial plans, capital programs, fare policies, and

26 service standards;

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1 (2) convey community concerns pertaining to the

2 quality, efficiency, safety, accessibility, and equity of

3 public transportation services;

4 (3) assess the efficacy of Authority initiatives to

5 protect the safety of riders on the public transportation

6 system;

7 (4) prepare and convey recommendations to the

8 Authority for how the Authority can improve the quality,

9 efficiency, and equity of public transportation services

10 in the metropolitan region;

11 (5) serve as a resource for connecting communities in

12 the Regional Service Council is region with those in the

13 Authority responsible for delivering public transportation

14 services;

15 (6) advocate for funding, policies, and laws that

16 shall improve public transportation in the metropolitan

17 region; and

18 (7) serve as a resource for Authority staff to discuss

19 proposed changes to services, policies, and technologies

20 before those changes are implemented.

21 (q) The Authority shall provide adequate technical support

22 so the Regional Service Councils can function effectively,

23 provide regular briefings on service delivery issues and other

24 topics for the Regional Service Councils, make staff

25 responsible for delivery of public transportation services

26 accessible to the Councils, give Councils sufficient

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1 information and time to comment on proposed plans and

2 policies, and take into account the comments and

3 recommendations of the Councils before taking action on

4 initiatives that impact service delivery and quality.

5 (r) Regional Service Council members shall be subject to

6 transit ridership reporting requirements applicable to members

7 of the Authority Board.

8 (s) Members of the Regional Service Councils shall serve

9 without compensation, but shall be entitled to reimbursement

10 of reasonable and necessary costs incurred in the performance

11 of their duties.

12 (70 ILCS 3615/2.13a rep.)

13 (70 ILCS 3615/2.37 rep.)

14 (70 ILCS 3615/3.08 rep.)

15 (70 ILCS 3615/3.11 rep.)

16 (70 ILCS 3615/3.12 rep.)

17 (70 ILCS 3615/3A.10 rep.)

18 (70 ILCS 3615/3A.11 rep.)

19 (70 ILCS 3615/3A.13 rep.)

20 (70 ILCS 3615/3A.15 rep.)

21 (70 ILCS 3615/3A.16 rep.)

22 (70 ILCS 3615/3B.09b rep.)

23 (70 ILCS 3615/3B.10 rep.)

24 (70 ILCS 3615/3B.11 rep.)

25 (70 ILCS 3615/3B.14 rep.)

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1 (70 ILCS 3615/3B.15 rep.)

2 (70 ILCS 3615/3B.25 rep.)

3 Section 5-915. The Regional Transportation Authority Act

4 is amended by repealing Sections 2.13a, 2.37, 3.08, 3.11,

5 3.12, 3A.10, 3A.11, 3A.13, 3A.15, 3A.16, 3B.09b, 3B.10, 3B.11,

6 3B.14, 3B.15, and 3B.25.

7 Section 5-920. The Illinois Vehicle Code is amended by

8 changing Sections 18c-7401 and 18c-7402 as follows:

9 (625 ILCS 5/18c-7401) (from Ch. 95 1/2, par. 18c-7401)

10 Sec. 18c-7401. Safety requirements for track, facilities,

11 and equipment.

12 (1) General Requirements. Each rail carrier shall,

13 consistent with rules, orders, and regulations of the Federal

14 Railroad Administration, construct, maintain, and operate all

15 of its equipment, track, and other property in this State in

16 such a manner as to pose no undue risk to its employees or the

17 person or property of any member of the public.

18 (2) Adoption of Federal Standards. The track safety

19 standards and accident/incident standards promulgated by the

20 Federal Railroad Administration shall be safety standards of

21 the Commission. The Commission may, in addition, adopt by

22 reference in its regulations other federal railroad safety

23 standards, whether contained in federal statutes or in

24 regulations adopted pursuant to such statutes.

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1 (3) Railroad Crossings. No public road, highway, or street

2 shall hereafter be constructed across the track of any rail

3 carrier at grade, nor shall the track of any rail carrier be

4 constructed across a public road, highway or street at grade,

5 without having first secured the permission of the Commission;

6 provided, that this Section shall not apply to the replacement

7 of lawfully existing roads, highways, and tracks. No public

8 pedestrian bridge or subway shall be constructed across the

9 track of any rail carrier without having first secured the

10 permission of the Commission. The Commission shall have the

11 right to refuse its permission or to grant it upon such terms

12 and conditions as it may prescribe. The Commission shall have

13 power to determine and prescribe the manner, including the

14 particular point of crossing, and the terms of installation,

15 operation, maintenance, use, and protection of each such

16 crossing.

17 The Commission shall also have power, after a hearing, to

18 require major alteration of or to abolish any crossing,

19 heretofore or hereafter established, when in its opinion, the

20 public safety requires such alteration or abolition, and,

21 except in cities, villages, and incorporated towns of

22 1,000,000 or more inhabitants, to vacate and close that part

23 of the highway on such crossing altered or abolished and cause

24 barricades to be erected across such highway in such manner as

25 to prevent the use of such crossing as a highway, when, in the

26 opinion of the Commission, the public convenience served by

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1 the crossing in question is not such as to justify the further

2 retention thereof; or to require a separation of grades, at

3 railroad-highway grade crossings; or to require a separation

4 of grades at any proposed crossing where a proposed public

5 highway may cross the tracks of any rail carrier or carriers;

6 and to prescribe, after a hearing of the parties, the terms

7 upon which such separations shall be made and the proportion

8 in which the expense of the alteration or abolition of such

9 crossings or the separation of such grades, having regard to

10 the benefits, if any, accruing to the rail carrier or any party

11 in interest, shall be divided between the rail carrier or

12 carriers affected, or between such carrier or carriers and the

13 State, county, municipality or other public authority in

14 interest. However, a public hearing by the Commission to

15 abolish a crossing shall not be required when the public

16 highway authority in interest vacates the highway. In such

17 instance the rail carrier, following notification to the

18 Commission and the highway authority, shall remove any grade

19 crossing warning devices and the grade crossing surface.

20 The Commission shall also have power by its order to

21 require the reconstruction, minor alteration, minor

22 relocation, or improvement of any crossing (including the

23 necessary highway approaches thereto) of any railroad across

24 any highway or public road, pedestrian bridge, or pedestrian

25 subway, whether such crossing be at grade or by overhead

26 structure or by subway, whenever the Commission finds after a

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1 hearing or without a hearing as otherwise provided in this

2 paragraph that such reconstruction, alteration, relocation, or

3 improvement is necessary to preserve or promote the safety or

4 convenience of the public or of the employees or passengers of

5 such rail carrier or carriers. By its original order or

6 supplemental orders in such case, the Commission may direct

7 such reconstruction, alteration, relocation, or improvement to

8 be made in such manner and upon such terms and conditions as

9 may be reasonable and necessary and may apportion the cost of

10 such reconstruction, alteration, relocation, or improvement

11 and the subsequent maintenance thereof, having regard to the

12 benefits, if any, accruing to the railroad or any party in

13 interest, between the rail carrier or carriers and public

14 utilities affected, or between such carrier or carriers and

15 public utilities and the State, county, municipality or other

16 public authority in interest. The cost to be so apportioned

17 shall include the cost of changes or alterations in the

18 equipment of public utilities affected as well as the cost of

19 the relocation, diversion or establishment of any public

20 highway, made necessary by such reconstruction, alteration,

21 relocation, or improvement of said crossing. A hearing shall

22 not be required in those instances when the Commission enters

23 an order confirming a written stipulation in which the

24 Commission, the public highway authority or other public

25 authority in interest, the rail carrier or carriers affected,

26 and in instances involving the use of the Grade Crossing

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1 Protection Fund, the Illinois Department of Transportation,

2 agree on the reconstruction, alteration, relocation, or

3 improvement and the subsequent maintenance thereof and the

4 division of costs of such changes of any grade crossing

5 (including the necessary highway approaches thereto) of any

6 railroad across any highway, pedestrian bridge, or pedestrian

7 subway.

8 The Commission shall also have power to enter into

9 stipulated agreements with a rail carrier or rail carriers or

10 public authorities to fund, provide, install, and maintain

11 safety treatments to deter trespassing on railroad property in

12 accordance with paragraph (1) of Section 18c-7503 at locations

13 approved by such rail carrier or rail carriers following a

14 diagnostic evaluation between the Commission and the rail

15 carrier or rail carriers, including any public authority in

16 interest or the Federal Railroad Administration, and to order

17 the allocation of the cost of those treatments and their

18 installation and maintenance from the Grade Crossing

19 Protection Fund. Safety treatments approved under this

20 paragraph by the Commission shall be deemed adequate and

21 appropriate.

22 Every rail carrier operating in the State of Illinois

23 shall construct and maintain every highway crossing over its

24 tracks within the State so that the roadway at the

25 intersection shall be as flush with the rails as superelevated

26 curves will allow, and, unless otherwise ordered by the

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1 Commission, shall construct and maintain the approaches

2 thereto at a grade of not more than 5% within the right-of-way

3 ~~right of way~~ for a distance of not less the 6 feet on each side

4 of the centerline of such tracks; provided, that the grades at

5 the approaches may be maintained in excess of 5% only when

6 authorized by the Commission.

7 Every rail carrier operating within this State shall

8 remove from its right-of-way ~~right of way~~ at all

9 railroad-highway grade crossings within the State, such brush,

10 shrubbery, and trees as is reasonably practical for a distance

11 of not less than 500 feet in either direction from each grade

12 crossing. The Commission shall have power, upon its own

13 motion, or upon complaint, and after having made proper

14 investigation, to require the installation of adequate and

15 appropriate luminous reflective warning signs, luminous

16 flashing signals, crossing gates illuminated at night, or

17 other protective devices in order to promote and safeguard the

18 health and safety of the public. Luminous flashing signal or

19 crossing gate devices installed at grade crossings, which have

20 been approved by the Commission, shall be deemed adequate and

21 appropriate. The Commission shall have authority to determine

22 the number, type, and location of such signs, signals, gates,

23 or other protective devices which, however, shall conform as

24 near as may be with generally recognized national standards,

25 and the Commission shall have authority to prescribe the

26 division of the cost of the installation and subsequent

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1 maintenance of such signs, signals, gates, or other protective

2 devices between the rail carrier or carriers, the public

3 highway authority or other public authority in interest, and

4 in instances involving the use of the Grade Crossing

5 Protection Fund, the Illinois Department of Transportation.

6 Except where train crews provide flagging of the crossing to

7 road users, yield signs shall be installed at all highway

8 intersections with every grade crossing in this State that is

9 not equipped with automatic warning devices, such as luminous

10 flashing signals or crossing gate devices. A stop sign may be

11 used in lieu of the yield sign when an engineering study

12 conducted in cooperation with the highway authority and the

13 Illinois Department of Transportation has determined that a

14 stop sign is warranted. If the Commission has ordered the

15 installation of luminous flashing signal or crossing gate

16 devices at a grade crossing not equipped with active warning

17 devices, the Commission shall order the installation of

18 temporary stop signs at the highway intersection with the

19 grade crossing unless an engineering study has determined that

20 a stop sign is not appropriate. If a stop sign is not

21 appropriate, the Commission may order the installation of

22 other appropriate supplemental signing as determined by an

23 engineering study. The temporary signs shall remain in place

24 until the luminous flashing signal or crossing gate devices

25 have been installed. The rail carrier is responsible for the

26 installation and subsequent maintenance of any required signs.

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1 The permanent signs shall be in place by July 1, 2011.

2 No railroad may change or modify the warning device system

3 at a railroad-highway grade crossing, including warning

4 systems interconnected with highway traffic control signals,

5 without having first received the approval of the Commission.

6 The Commission shall have the further power, upon application,

7 upon its own motion, or upon complaint and after having made

8 proper investigation, to require the interconnection of grade

9 crossing warning devices with traffic control signals at

10 highway intersections located at or near railroad crossings

11 within the distances described by the State Manual on Uniform

12 Traffic Control Devices adopted pursuant to Section 11-301 of

13 this Code. In addition, State and local authorities may not

14 install, remove, modernize, or otherwise modify traffic

15 control signals at a highway intersection that is

16 interconnected or proposed to be interconnected with grade

17 crossing warning devices when the change affects the number,

18 type, or location of traffic control devices on the track

19 approach leg or legs of the intersection or the timing of the

20 railroad preemption sequence of operation until the Commission

21 has approved the installation, removal, modernization, or

22 modification. Commission approval shall be limited to

23 consideration of issues directly affecting the public safety

24 at the railroad-highway grade crossing. The electrical circuit

25 devices, alternate warning devices, and preemption sequences

26 shall conform as nearly as possible, considering the

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1 particular characteristics of the crossing and intersection

2 area, to the State manual adopted by the Illinois Department

3 of Transportation pursuant to Section 11-301 of this Code and

4 such federal standards as are made applicable by subsection

5 (2) of this Section. In order to carry out this authority, the

6 Commission shall have the authority to determine the number,

7 type, and location of traffic control devices on the track

8 approach leg or legs of the intersection and the timing of the

9 railroad preemption sequence of operation. The Commission

10 shall prescribe the division of costs for installation and

11 maintenance of all devices required by this paragraph between

12 the railroad or railroads and the highway authority in

13 interest and in instances involving the use of the Grade

14 Crossing Protection Fund or a State highway, the Illinois

15 Department of Transportation.

16 Any person who unlawfully or maliciously removes, throws

17 down, damages or defaces any sign, signal, gate, or other

18 protective device, located at or near any public grade

19 crossing, shall be guilty of a petty offense and fined not less

20 than $50 nor more than $200 for each offense. In addition to

21 fines levied under the provisions of this Section a person

22 adjudged guilty hereunder may also be directed to make

23 restitution for the costs of repair or replacement, or both,

24 necessitated by his misconduct.

25 It is the public policy of the State of Illinois to enhance

26 public safety by establishing safe grade crossings. In order

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1 to implement this policy, the Illinois Commerce Commission is

2 directed to conduct public hearings and to adopt specific

3 criteria by July 1, 1994, that shall be adhered to by the

4 Illinois Commerce Commission in determining if a grade

5 crossing should be opened or abolished. The following factors

6 shall be considered by the Illinois Commerce Commission in

7 developing the specific criteria for opening and abolishing

8 grade crossings:

9 (a) timetable speed of passenger trains;

10 (b) distance to an alternate crossing;

11 (c) accident history for the last 5 years;

12 (d) number of vehicular traffic and posted speed

13 limits;

14 (e) number of freight trains and their timetable

15 speeds;

16 (f) the type of warning device present at the grade

17 crossing;

18 (g) alignments of the roadway and railroad, and the

19 angle of intersection of those alignments;

20 (h) use of the grade crossing by trucks carrying

21 hazardous materials, vehicles carrying passengers for

22 hire, and school buses; and

23 (i) use of the grade crossing by emergency vehicles.

24 The Illinois Commerce Commission, upon petition to open or

25 abolish a grade crossing, shall enter an order opening or

26 abolishing the crossing if it meets the specific criteria

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1 adopted by the Commission.

2 Except as otherwise provided in this subsection (3), in no

3 instance shall a grade crossing be permanently closed without

4 public hearing first being held and notice of such hearing

5 being published in an area newspaper of local general

6 circulation.

7 (4) Freight Trains; Radio Communications. The Commission

8 shall after hearing and order require that every main line

9 railroad freight train operating on main tracks outside of

10 yard limits within this State shall be equipped with a radio

11 communication system. The Commission after notice and hearing

12 may grant exemptions from the requirements of this Section as

13 to secondary and branch lines.

14 (5) Railroad Bridges and Trestles; Walkway and Handrail.

15 In cases in which the Commission finds the same to be practical

16 and necessary for safety of railroad employees, bridges and

17 trestles, over and upon which railroad trains are operated,

18 shall include as a part thereof, a safe and suitable walkway

19 and handrail on one side only of such bridge or trestle, and

20 such handrail shall be located at the outer edge of the walkway

21 and shall provide a clearance of not less than 8 feet, 6

22 inches, from the center line of the nearest track, measured at

23 right angles thereto.

24 (6) Packages Containing Articles for First Aid to Injured

25 on Trains.

26 (a) All rail carriers shall provide a first aid kit

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1 that contains, at a minimum, those articles prescribed by

2 the Commission, on each train or engine, for first aid to

3 persons who may be injured in the course of the operation

4 of such trains.

5 (b) A vehicle, excluding a taxi cab used in an

6 emergency situation, operated by a contract carrier

7 transporting railroad employees in the course of their

8 employment shall be equipped with a readily available

9 first aid kit that contains, as a minimum, the same

10 articles that are required on each train or engine.

11 (7) Abandoned Bridges, Crossings, and Other Rail Plant.

12 The Commission shall have authority, after notice and hearing,

13 to order:

14 (a) the removal of any abandoned railroad tracks from

15 roads, streets or other thoroughfares in this State; and

16 (b) the removal of abandoned overhead railroad

17 structures crossing highways, waterways, or railroads.

18 The Commission may equitably apportion the cost of such

19 actions between the rail carrier or carriers, public

20 utilities, and the State, county, municipality, township, road

21 district, or other public authority in interest.

22 (8) Railroad-Highway Bridge Clearance. A vertical

23 clearance of not less than 23 feet above the top of rail shall

24 be provided for all new or reconstructed highway bridges

25 constructed over a railroad track. The Commission may permit a

26 lesser clearance if it determines that the 23-foot clearance

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1 standard cannot be justified based on engineering,

2 operational, and economic conditions.

3 (9) Right of Access To Railroad Property.

4 (a) A community antenna television company franchised

5 by a municipality or county pursuant to the Illinois

6 Municipal Code or the Counties Code, respectively, shall

7 not enter upon any real estate or rights-of-way in the

8 possession or control of a railroad subject to the

9 jurisdiction of the Illinois Commerce Commission unless

10 the community antenna television company first complies

11 with the applicable provisions of subparagraph (f) of

12 Section 11-42-11.1 of the Illinois Municipal Code or

13 subparagraph (f) of Section 5-1096 of the Counties Code.

14 (b) Notwithstanding any provision of law to the

15 contrary, this subsection (9) applies to all entries of

16 railroad rights-of-way involving a railroad subject to the

17 jurisdiction of the Illinois Commerce Commission by a

18 community antenna television company and shall govern in

19 the event of any conflict with any other provision of law.

20 (c) This subsection (9) applies to any entry upon any

21 real estate or right-of-way in the possession or control

22 of a railroad subject to the jurisdiction of the Illinois

23 Commerce Commission for the purpose of or in connection

24 with the construction, or installation of a community

25 antenna television company's system or facilities

26 commenced or renewed on or after August 22, 2017 (the

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1 effective date of Public Act 100-251).

2 (d) Nothing in Public Act 100-251 shall be construed

3 to prevent a railroad from negotiating other terms and

4 conditions or the resolution of any dispute in relation to

5 an entry upon or right of access as set forth in this

6 subsection (9).

7 (e) For purposes of this subsection (9):

8 "Broadband service", "cable operator", and "holder"

9 have the meanings given to those terms under Section

10 21-201 of the Public Utilities Act.

11 "Community antenna television company" includes, in

12 the case of real estate or rights-of-way in possession of

13 or in control of a railroad, a holder, cable operator, or

14 broadband service provider.

15 (f) Beginning on August 22, 2017 (the effective date

16 of Public Act 100-251), the Transportation Division of the

17 Illinois Commerce Commission shall include in its annual

18 Crossing Safety Improvement Program report a brief

19 description of the number of cases decided by the Illinois

20 Commerce Commission and the number of cases that remain

21 pending before the Illinois Commerce Commission under this

22 subsection (9) for the period covered by the report.

23 (10) The Commuter Rail Division of the Regional Transit

24 Authority shall be treated as a rail carrier subject to the

25 Illinois Commerce Commission's safety requirements for track,

26 facilities, and equipment in accordance with Section 18c-7401

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1 and eligible to receive money from the Grade Crossing

2 Protection Fund or any fund of the State or other source

3 available for purposes of promoting safety and separation of

4 at-grade railroad crossings or highway improvements.

5 (Source: P.A. 101-81, eff. 7-12-19; 102-16, eff. 6-17-21.)

6 (625 ILCS 5/18c-7402) (from Ch. 95 1/2, par. 18c-7402)

7 Sec. 18c-7402. Safety requirements for railroad

8 operations.

9 (1) Obstruction of crossings.

10 (a) Obstruction of emergency vehicles. Every railroad

11 shall be operated in such a manner as to minimize

12 obstruction of emergency vehicles at crossings. Where such

13 obstruction occurs and the train crew is aware of the

14 obstruction, the train crew shall immediately take any

15 action, consistent with safe operating procedure,

16 necessary to remove the obstruction. In the Chicago and

17 St. Louis switching districts, every railroad dispatcher

18 or other person responsible for the movement of railroad

19 equipment in a specific area who receives notification

20 that railroad equipment is obstructing the movement of an

21 emergency vehicle at any crossing within such area shall

22 immediately notify the train crew through use of existing

23 communication facilities. Upon notification, the train

24 crew shall take immediate action in accordance with this

25 paragraph.

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1 (b) Obstruction of highway at grade crossing

2 prohibited. It is unlawful for a rail carrier to permit

3 any train, railroad car or engine to obstruct public

4 travel at a railroad-highway grade crossing for a period

5 in excess of 10 minutes, except where such train or

6 railroad car is continuously moving or cannot be moved by

7 reason of circumstances over which the rail carrier has no

8 reasonable control.

9 In a county with a population of greater than

10 1,000,000, as determined by the most recent federal

11 census, during the hours of 7:00 a.m. through 9:00 a.m.

12 and 4:00 p.m. through 6:00 p.m. it is unlawful for a rail

13 carrier to permit any single train or railroad car to

14 obstruct public travel at a railroad-highway grade

15 crossing in excess of a total of 10 minutes during a 30

16 minute period, except where the train or railroad car

17 cannot be moved by reason or circumstances over which the

18 rail carrier has no reasonable control. Under no

19 circumstances will a moving train be stopped for the

20 purposes of issuing a citation related to this Section.

21 However, no employee acting under the rules or orders

22 of the rail carrier or its supervisory personnel may be

23 prosecuted for a violation of this subsection (b).

24 (c) Punishment for obstruction of grade crossing. Any

25 rail carrier violating paragraph (b) of this subsection

26 shall be guilty of a petty offense and fined not less than

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1 $200 nor more than $500 if the duration of the obstruction

2 is in excess of 10 minutes but no longer than 15 minutes.

3 If the duration of the obstruction exceeds 15 minutes the

4 violation shall be a business offense and the following

5 fines shall be imposed: if the duration of the obstruction

6 is in excess of 15 minutes but no longer than 20 minutes,

7 the fine shall be $500; if the duration of the obstruction

8 is in excess of 20 minutes but no longer than 25 minutes,

9 the fine shall be $700; if the duration of the obstruction

10 is in excess of 25 minutes, but no longer than 30 minutes,

11 the fine shall be $900; if the duration of the obstruction

12 is in excess of 30 minutes but no longer than 35 minutes,

13 the fine shall be $1,000; if the duration of the

14 obstruction is in excess of 35 minutes, the fine shall be

15 $1,000 plus an additional $500 for each 5 minutes of

16 obstruction in excess of 25 minutes of obstruction.

17 (2) Other operational requirements.

18 (a) Bell and whistle-crossings. Every rail carrier and

19 the Commuter Rail Division of the Regional Transit

20 Authority shall cause a bell, and a whistle or horn to be

21 placed and kept on each locomotive, and shall cause the

22 same to be rung or sounded by the engineer or fireman, at

23 the distance of at least 1,320 feet, from the place where

24 the railroad crosses or intersects any public highway, and

25 shall be kept ringing or sounding until the highway is

26 reached; provided that at crossings where the Commission

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1 shall by order direct, only after a hearing has been held

2 to determine the public is reasonably and sufficiently

3 protected, the rail carrier may be excused from giving

4 warning provided by this paragraph.

5 (a-5) The requirements of paragraph (a) of this

6 subsection (2) regarding ringing a bell and sounding a

7 whistle or horn do not apply at a railroad crossing that

8 has a permanently installed automated audible warning

9 device authorized by the Commission under Section

10 18c-7402.1 that sounds automatically when an approaching

11 train is at least 1,320 feet from the crossing and that

12 keeps sounding until the lead locomotive has crossed the

13 highway. The engineer or fireman may ring the bell or

14 sound the whistle or horn at a railroad crossing that has a

15 permanently installed audible warning device.

16 (b) Speed limits. Each rail carrier shall operate its

17 trains in compliance with speed limits set by the

18 Commission. The Commission may set train speed limits only

19 where such limits are necessitated by extraordinary

20 circumstances affecting the public safety, and shall

21 maintain such train speed limits in effect only for such

22 time as the extraordinary circumstances prevail.

23 The Commission and the Department of Transportation

24 shall conduct a study of the relation between train speeds

25 and railroad-highway grade crossing safety. The Commission

26 shall report the findings of the study to the General

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1 Assembly no later than January 5, 1997.

2 (c) Special speed limit; pilot project. The Commission

3 and the Board of the Commuter Rail Division of the

4 Regional Transportation Authority shall conduct a pilot

5 project in the Village of Fox River Grove, the site of the

6 fatal school bus crash at a railroad crossing on October

7 25, 1995, in order to improve railroad crossing safety.

8 For this project, the Commission is directed to set the

9 maximum train speed limit for Regional Transportation

10 Authority trains at 50 miles per hour at intersections on

11 that portion of the intrastate rail line located in the

12 Village of Fox River Grove. If the Regional Transportation

13 Authority deliberately fails to comply with this maximum

14 speed limit, then any entity, governmental or otherwise,

15 that provides capital or operational funds to the Regional

16 Transportation Authority shall appropriately reduce or

17 eliminate that funding. The Commission shall report to the

18 Governor and the General Assembly on the results of this

19 pilot project in January 1999, January 2000, and January

20 2001. The Commission shall also submit a final report on

21 the pilot project to the Governor and the General Assembly

22 in January 2001. The provisions of this subsection (c),

23 other than this sentence, are inoperative after February

24 1, 2001.

25 (d) Freight train crew size. No rail carrier shall

26 operate or cause to operate a train or light engine used in

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1 connection with the movement of freight unless it has an

2 operating crew consisting of at least 2 individuals. The

3 minimum freight train crew size indicated in this

4 subsection (d) shall remain in effect until a federal law

5 or rule encompassing the subject matter has been adopted.

6 The Commission, with respect to freight train crew member

7 size under this subsection (d), has the power to conduct

8 evidentiary hearings, make findings, and issue and enforce

9 orders, including sanctions under Section 18c-1704 of this

10 Chapter. As used in this subsection (d), "train or light

11 engine" does not include trains operated by a hostler

12 service or utility employees.

13 (3) Report and investigation of rail accidents.

14 (a) Reports. Every rail carrier and the Commuter Rail

15 Division of the Regional Transit Authority shall report to

16 the Commission, by the speediest means possible, whether

17 telephone, telegraph, or otherwise, every accident

18 involving its equipment, track, or other property which

19 resulted in loss of life to any person. In addition, such

20 carriers shall file a written report with the Commission.

21 Reports submitted under this paragraph shall be strictly

22 confidential, shall be specifically prohibited from

23 disclosure, and shall not be admissible in any

24 administrative or judicial proceeding relating to the

25 accidents reported.

26 (b) Investigations. The Commission may investigate all

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1 railroad accidents reported to it or of which it acquires

2 knowledge independent of reports made by rail carriers or

3 the Commuter Rail Division of the Regional Transit

4 Authority, and shall have the power, consistent with

5 standards and procedures established under the Federal

6 Railroad Safety Act, as amended, to enter such temporary

7 orders as will minimize the risk of future accidents

8 pending notice, hearing, and final action by the

9 Commission.

10 (Source: P.A. 101-294, eff. 1-1-20; 102-982, eff. 7-1-23.)

11 Section 5-925. The Eminent Domain Act is amended by

12 changing Section 15-5-15 as follows:

13 (735 ILCS 30/15-5-15)

14 Sec. 15-5-15. Eminent domain powers in ILCS Chapters 70

15 through 75. The following provisions of law may include

16 express grants of the power to acquire property by

17 condemnation or eminent domain:

18 (70 ILCS 5/8.02 and 5/9); Airport Authorities Act; airport

19 authorities; for public airport facilities.

20 (70 ILCS 5/8.05 and 5/9); Airport Authorities Act; airport

21 authorities; for removal of airport hazards.

22 (70 ILCS 5/8.06 and 5/9); Airport Authorities Act; airport

23 authorities; for reduction of the height of objects or

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1 structures.

2 (70 ILCS 10/4); Interstate Airport Authorities Act; interstate

3 airport authorities; for general purposes.

4 (70 ILCS 15/3); Kankakee River Valley Area Airport Authority

5 Act; Kankakee River Valley Area Airport Authority; for

6 acquisition of land for airports.

7 (70 ILCS 200/2-20); Civic Center Code; civic center

8 authorities; for grounds, centers, buildings, and parking.

9 (70 ILCS 200/5-35); Civic Center Code; Aledo Civic Center

10 Authority; for grounds, centers, buildings, and parking.

11 (70 ILCS 200/10-15); Civic Center Code; Aurora Metropolitan

12 Exposition, Auditorium and Office Building Authority; for

13 grounds, centers, buildings, and parking.

14 (70 ILCS 200/15-40); Civic Center Code; Benton Civic Center

15 Authority; for grounds, centers, buildings, and parking.

16 (70 ILCS 200/20-15); Civic Center Code; Bloomington Civic

17 Center Authority; for grounds, centers, buildings, and

18 parking.

19 (70 ILCS 200/35-35); Civic Center Code; Brownstown Park

20 District Civic Center Authority; for grounds, centers,

21 buildings, and parking.

22 (70 ILCS 200/40-35); Civic Center Code; Carbondale Civic

23 Center Authority; for grounds, centers, buildings, and

24 parking.

25 (70 ILCS 200/55-60); Civic Center Code; Chicago South Civic

26 Center Authority; for grounds, centers, buildings, and

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1 parking.

2 (70 ILCS 200/60-30); Civic Center Code; Collinsville

3 Metropolitan Exposition, Auditorium and Office Building

4 Authority; for grounds, centers, buildings, and parking.

5 (70 ILCS 200/70-35); Civic Center Code; Crystal Lake Civic

6 Center Authority; for grounds, centers, buildings, and

7 parking.

8 (70 ILCS 200/75-20); Civic Center Code; Decatur Metropolitan

9 Exposition, Auditorium and Office Building Authority; for

10 grounds, centers, buildings, and parking.

11 (70 ILCS 200/80-15); Civic Center Code; DuPage County

12 Metropolitan Exposition, Auditorium and Office Building

13 Authority; for grounds, centers, buildings, and parking.

14 (70 ILCS 200/85-35); Civic Center Code; Elgin Metropolitan

15 Exposition, Auditorium and Office Building Authority; for

16 grounds, centers, buildings, and parking.

17 (70 ILCS 200/95-25); Civic Center Code; Herrin Metropolitan

18 Exposition, Auditorium and Office Building Authority; for

19 grounds, centers, buildings, and parking.

20 (70 ILCS 200/110-35); Civic Center Code; Illinois Valley Civic

21 Center Authority; for grounds, centers, buildings, and

22 parking.

23 (70 ILCS 200/115-35); Civic Center Code; Jasper County Civic

24 Center Authority; for grounds, centers, buildings, and

25 parking.

26 (70 ILCS 200/120-25); Civic Center Code; Jefferson County

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1 Metropolitan Exposition, Auditorium and Office Building

2 Authority; for grounds, centers, buildings, and parking.

3 (70 ILCS 200/125-15); Civic Center Code; Jo Daviess County

4 Civic Center Authority; for grounds, centers, buildings,

5 and parking.

6 (70 ILCS 200/130-30); Civic Center Code; Katherine Dunham

7 Metropolitan Exposition, Auditorium and Office Building

8 Authority; for grounds, centers, buildings, and parking.

9 (70 ILCS 200/145-35); Civic Center Code; Marengo Civic Center

10 Authority; for grounds, centers, buildings, and parking.

11 (70 ILCS 200/150-35); Civic Center Code; Mason County Civic

12 Center Authority; for grounds, centers, buildings, and

13 parking.

14 (70 ILCS 200/155-15); Civic Center Code; Matteson Metropolitan

15 Civic Center Authority; for grounds, centers, buildings,

16 and parking.

17 (70 ILCS 200/160-35); Civic Center Code; Maywood Civic Center

18 Authority; for grounds, centers, buildings, and parking.

19 (70 ILCS 200/165-35); Civic Center Code; Melrose Park

20 Metropolitan Exposition Auditorium and Office Building

21 Authority; for grounds, centers, buildings, and parking.

22 (70 ILCS 200/170-20); Civic Center Code; certain Metropolitan

23 Exposition, Auditorium and Office Building Authorities;

24 for general purposes.

25 (70 ILCS 200/180-35); Civic Center Code; Normal Civic Center

26 Authority; for grounds, centers, buildings, and parking.

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1 (70 ILCS 200/185-15); Civic Center Code; Oak Park Civic Center

2 Authority; for grounds, centers, buildings, and parking.

3 (70 ILCS 200/195-35); Civic Center Code; Ottawa Civic Center

4 Authority; for grounds, centers, buildings, and parking.

5 (70 ILCS 200/200-15); Civic Center Code; Pekin Civic Center

6 Authority; for grounds, centers, buildings, and parking.

7 (70 ILCS 200/205-15); Civic Center Code; Peoria Civic Center

8 Authority; for grounds, centers, buildings, and parking.

9 (70 ILCS 200/210-35); Civic Center Code; Pontiac Civic Center

10 Authority; for grounds, centers, buildings, and parking.

11 (70 ILCS 200/215-15); Civic Center Code; Illinois Quad City

12 Civic Center Authority; for grounds, centers, buildings,

13 and parking.

14 (70 ILCS 200/220-30); Civic Center Code; Quincy Metropolitan

15 Exposition, Auditorium and Office Building Authority; for

16 grounds, centers, buildings, and parking.

17 (70 ILCS 200/225-35); Civic Center Code; Randolph County Civic

18 Center Authority; for grounds, centers, buildings, and

19 parking.

20 (70 ILCS 200/230-35); Civic Center Code; River Forest

21 Metropolitan Exposition, Auditorium and Office Building

22 Authority; for grounds, centers, buildings, and parking.

23 (70 ILCS 200/235-40); Civic Center Code; Riverside Civic

24 Center Authority; for grounds, centers, buildings, and

25 parking.

26 (70 ILCS 200/245-35); Civic Center Code; Salem Civic Center

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1 Authority; for grounds, centers, buildings, and parking.

2 (70 ILCS 200/255-20); Civic Center Code; Springfield

3 Metropolitan Exposition and Auditorium Authority; for

4 grounds, centers, and parking.

5 (70 ILCS 200/260-35); Civic Center Code; Sterling Metropolitan

6 Exposition, Auditorium and Office Building Authority; for

7 grounds, centers, buildings, and parking.

8 (70 ILCS 200/265-20); Civic Center Code; Vermilion County

9 Metropolitan Exposition, Auditorium and Office Building

10 Authority; for grounds, centers, buildings, and parking.

11 (70 ILCS 200/270-35); Civic Center Code; Waukegan Civic Center

12 Authority; for grounds, centers, buildings, and parking.

13 (70 ILCS 200/275-35); Civic Center Code; West Frankfort Civic

14 Center Authority; for grounds, centers, buildings, and

15 parking.

16 (70 ILCS 200/280-20); Civic Center Code; Will County

17 Metropolitan Exposition and Auditorium Authority; for

18 grounds, centers, and parking.

19 (70 ILCS 210/5); Metropolitan Pier and Exposition Authority

20 Act; Metropolitan Pier and Exposition Authority; for

21 general purposes, including quick-take power.

22 (70 ILCS 405/22.04); Soil and Water Conservation Districts

23 Act; soil and water conservation districts; for general

24 purposes.

25 (70 ILCS 410/10 and 410/12); Conservation District Act;

26 conservation districts; for open space, wildland, scenic

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1 roadway, pathway, outdoor recreation, or other

2 conservation benefits.

3 (70 ILCS 503/25); Chanute-Rantoul National Aviation Center

4 Redevelopment Commission Act; Chanute-Rantoul National

5 Aviation Center Redevelopment Commission; for general

6 purposes.

7 (70 ILCS 507/15); Fort Sheridan Redevelopment Commission Act;

8 Fort Sheridan Redevelopment Commission; for general

9 purposes or to carry out comprehensive or redevelopment

10 plans.

11 (70 ILCS 520/8); Southwestern Illinois Development Authority

12 Act; Southwestern Illinois Development Authority; for

13 general purposes, including quick-take power.

14 (70 ILCS 605/4-17 and 605/5-7); Illinois Drainage Code;

15 drainage districts; for general purposes.

16 (70 ILCS 615/5 and 615/6); Chicago Drainage District Act;

17 corporate authorities; for construction and maintenance of

18 works.

19 (70 ILCS 705/10); Fire Protection District Act; fire

20 protection districts; for general purposes.

21 (70 ILCS 750/20); Flood Prevention District Act; flood

22 prevention districts; for general purposes.

23 (70 ILCS 805/6); Downstate Forest Preserve District Act;

24 certain forest preserve districts; for general purposes.

25 (70 ILCS 805/18.8); Downstate Forest Preserve District Act;

26 certain forest preserve districts; for recreational and

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1 cultural facilities.

2 (70 ILCS 810/8); Cook County Forest Preserve District Act;

3 Forest Preserve District of Cook County; for general

4 purposes.

5 (70 ILCS 810/38); Cook County Forest Preserve District Act;

6 Forest Preserve District of Cook County; for recreational

7 facilities.

8 (70 ILCS 910/15 and 910/16); Hospital District Law; hospital

9 districts; for hospitals or hospital facilities.

10 (70 ILCS 915/3); Illinois Medical District Act; Illinois

11 Medical District Commission; for general purposes.

12 (70 ILCS 915/4.5); Illinois Medical District Act; Illinois

13 Medical District Commission; quick-take power for the

14 Illinois State Police Forensic Science Laboratory

15 (obsolete).

16 (70 ILCS 920/5); Tuberculosis Sanitarium District Act;

17 tuberculosis sanitarium districts; for tuberculosis

18 sanitariums.

19 (70 ILCS 925/20); Mid-Illinois Medical District Act;

20 Mid-Illinois Medical District; for general purposes.

21 (70 ILCS 930/20); Mid-America Medical District Act;

22 Mid-America Medical District Commission; for general

23 purposes.

24 (70 ILCS 935/20); Roseland Community Medical District Act;

25 medical district; for general purposes.

26 (70 ILCS 1005/7); Mosquito Abatement District Act; mosquito

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1 abatement districts; for general purposes.

2 (70 ILCS 1105/8); Museum District Act; museum districts; for

3 general purposes.

4 (70 ILCS 1205/7-1); Park District Code; park districts; for

5 streets and other purposes.

6 (70 ILCS 1205/8-1); Park District Code; park districts; for

7 parks.

8 (70 ILCS 1205/9-2 and 1205/9-4); Park District Code; park

9 districts; for airports and landing fields.

10 (70 ILCS 1205/11-2 and 1205/11-3); Park District Code; park

11 districts; for State land abutting public water and

12 certain access rights.

13 (70 ILCS 1205/11.1-3); Park District Code; park districts; for

14 harbors.

15 (70 ILCS 1225/2); Park Commissioners Land Condemnation Act;

16 park districts; for street widening.

17 (70 ILCS 1230/1 and 1230/1-a); Park Commissioners Water

18 Control Act; park districts; for parks, boulevards,

19 driveways, parkways, viaducts, bridges, or tunnels.

20 (70 ILCS 1250/2); Park Commissioners Street Control (1889)

21 Act; park districts; for boulevards or driveways.

22 (70 ILCS 1290/1); Park District Aquarium and Museum Act;

23 municipalities or park districts; for aquariums or

24 museums.

25 (70 ILCS 1305/2); Park District Airport Zoning Act; park

26 districts; for restriction of the height of structures.

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1 (70 ILCS 1310/5); Park District Elevated Highway Act; park

2 districts; for elevated highways.

3 (70 ILCS 1505/15); Chicago Park District Act; Chicago Park

4 District; for parks and other purposes.

5 (70 ILCS 1505/25.1); Chicago Park District Act; Chicago Park

6 District; for parking lots or garages.

7 (70 ILCS 1505/26.3); Chicago Park District Act; Chicago Park

8 District; for harbors.

9 (70 ILCS 1570/5); Lincoln Park Commissioners Land Condemnation

10 Act; Lincoln Park Commissioners; for land and interests in

11 land, including riparian rights.

12 (70 ILCS 1801/30); Alexander-Cairo Port District Act;

13 Alexander-Cairo Port District; for general purposes.

14 (70 ILCS 1805/8); Havana Regional Port District Act; Havana

15 Regional Port District; for general purposes.

16 (70 ILCS 1810/7); Illinois International Port District Act;

17 Illinois International Port District; for general

18 purposes.

19 (70 ILCS 1815/13); Illinois Valley Regional Port District Act;

20 Illinois Valley Regional Port District; for general

21 purposes.

22 (70 ILCS 1820/4); Jackson-Union Counties Regional Port

23 District Act; Jackson-Union Counties Regional Port

24 District; for removal of airport hazards or reduction of

25 the height of objects or structures.

26 (70 ILCS 1820/5); Jackson-Union Counties Regional Port

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1 District Act; Jackson-Union Counties Regional Port

2 District; for general purposes.

3 (70 ILCS 1825/4.9); Joliet Regional Port District Act; Joliet

4 Regional Port District; for removal of airport hazards.

5 (70 ILCS 1825/4.10); Joliet Regional Port District Act; Joliet

6 Regional Port District; for reduction of the height of

7 objects or structures.

8 (70 ILCS 1825/4.18); Joliet Regional Port District Act; Joliet

9 Regional Port District; for removal of hazards from ports

10 and terminals.

11 (70 ILCS 1825/5); Joliet Regional Port District Act; Joliet

12 Regional Port District; for general purposes.

13 (70 ILCS 1830/7.1); Kaskaskia Regional Port District Act;

14 Kaskaskia Regional Port District; for removal of hazards

15 from ports and terminals.

16 (70 ILCS 1830/14); Kaskaskia Regional Port District Act;

17 Kaskaskia Regional Port District; for general purposes.

18 (70 ILCS 1831/30); Massac-Metropolis Port District Act;

19 Massac-Metropolis Port District; for general purposes.

20 (70 ILCS 1835/5.10); Mt. Carmel Regional Port District Act;

21 Mt. Carmel Regional Port District; for removal of airport

22 hazards.

23 (70 ILCS 1835/5.11); Mt. Carmel Regional Port District Act;

24 Mt. Carmel Regional Port District; for reduction of the

25 height of objects or structures.

26 (70 ILCS 1835/6); Mt. Carmel Regional Port District Act; Mt.

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1 Carmel Regional Port District; for general purposes.

2 (70 ILCS 1837/30); Ottawa Port District Act; Ottawa Port

3 District; for general purposes.

4 (70 ILCS 1845/4.9); Seneca Regional Port District Act; Seneca

5 Regional Port District; for removal of airport hazards.

6 (70 ILCS 1845/4.10); Seneca Regional Port District Act; Seneca

7 Regional Port District; for reduction of the height of

8 objects or structures.

9 (70 ILCS 1845/5); Seneca Regional Port District Act; Seneca

10 Regional Port District; for general purposes.

11 (70 ILCS 1850/4); Shawneetown Regional Port District Act;

12 Shawneetown Regional Port District; for removal of airport

13 hazards or reduction of the height of objects or

14 structures.

15 (70 ILCS 1850/5); Shawneetown Regional Port District Act;

16 Shawneetown Regional Port District; for general purposes.

17 (70 ILCS 1855/4); Southwest Regional Port District Act;

18 Southwest Regional Port District; for removal of airport

19 hazards or reduction of the height of objects or

20 structures.

21 (70 ILCS 1855/5); Southwest Regional Port District Act;

22 Southwest Regional Port District; for general purposes.

23 (70 ILCS 1860/4); Tri-City Regional Port District Act;

24 Tri-City Regional Port District; for removal of airport

25 hazards.

26 (70 ILCS 1860/5); Tri-City Regional Port District Act;

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1 Tri-City Regional Port District; for the development of

2 facilities.

3 (70 ILCS 1863/11); Upper Mississippi River International Port

4 District Act; Upper Mississippi River International Port

5 District; for general purposes.

6 (70 ILCS 1865/4.9); Waukegan Port District Act; Waukegan Port

7 District; for removal of airport hazards.

8 (70 ILCS 1865/4.10); Waukegan Port District Act; Waukegan Port

9 District; for restricting the height of objects or

10 structures.

11 (70 ILCS 1865/5); Waukegan Port District Act; Waukegan Port

12 District; for the development of facilities.

13 (70 ILCS 1870/8); White County Port District Act; White County

14 Port District; for the development of facilities.

15 (70 ILCS 1905/16); Railroad Terminal Authority Act; Railroad

16 Terminal Authority (Chicago); for general purposes.

17 (70 ILCS 1915/25); Grand Avenue Railroad Relocation Authority

18 Act; Grand Avenue Railroad Relocation Authority; for

19 general purposes, including quick-take power (now

20 obsolete).

21 (70 ILCS 1935/25); Elmwood Park Grade Separation Authority

22 Act; Elmwood Park Grade Separation Authority; for general

23 purposes.

24 (70 ILCS 2105/9b); River Conservancy Districts Act; river

25 conservancy districts; for general purposes.

26 (70 ILCS 2105/10a); River Conservancy Districts Act; river

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1 conservancy districts; for corporate purposes.

2 (70 ILCS 2205/15); Sanitary District Act of 1907; sanitary

3 districts; for corporate purposes.

4 (70 ILCS 2205/18); Sanitary District Act of 1907; sanitary

5 districts; for improvements and works.

6 (70 ILCS 2205/19); Sanitary District Act of 1907; sanitary

7 districts; for access to property.

8 (70 ILCS 2305/8); North Shore Water Reclamation District Act;

9 North Shore Water Reclamation District; for corporate

10 purposes.

11 (70 ILCS 2305/15); North Shore Water Reclamation District Act;

12 North Shore Water Reclamation District; for improvements.

13 (70 ILCS 2405/7.9); Sanitary District Act of 1917; Sanitary

14 District of Decatur; for carrying out agreements to sell,

15 convey, or disburse treated wastewater to a private

16 entity.

17 (70 ILCS 2405/8); Sanitary District Act of 1917; sanitary

18 districts; for corporate purposes.

19 (70 ILCS 2405/15); Sanitary District Act of 1917; sanitary

20 districts; for improvements.

21 (70 ILCS 2405/16.9 and 2405/16.10); Sanitary District Act of

22 1917; sanitary districts; for waterworks.

23 (70 ILCS 2405/17.2); Sanitary District Act of 1917; sanitary

24 districts; for public sewer and water utility treatment

25 works.

26 (70 ILCS 2405/18); Sanitary District Act of 1917; sanitary

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1 districts; for dams or other structures to regulate water

2 flow.

3 (70 ILCS 2605/8); Metropolitan Water Reclamation District Act;

4 Metropolitan Water Reclamation District; for corporate

5 purposes.

6 (70 ILCS 2605/16); Metropolitan Water Reclamation District

7 Act; Metropolitan Water Reclamation District; quick-take

8 power for improvements.

9 (70 ILCS 2605/17); Metropolitan Water Reclamation District

10 Act; Metropolitan Water Reclamation District; for bridges.

11 (70 ILCS 2605/35); Metropolitan Water Reclamation District

12 Act; Metropolitan Water Reclamation District; for widening

13 and deepening a navigable stream.

14 (70 ILCS 2805/10); Sanitary District Act of 1936; sanitary

15 districts; for corporate purposes.

16 (70 ILCS 2805/24); Sanitary District Act of 1936; sanitary

17 districts; for improvements.

18 (70 ILCS 2805/26i and 2805/26j); Sanitary District Act of

19 1936; sanitary districts; for drainage systems.

20 (70 ILCS 2805/27); Sanitary District Act of 1936; sanitary

21 districts; for dams or other structures to regulate water

22 flow.

23 (70 ILCS 2805/32k); Sanitary District Act of 1936; sanitary

24 districts; for water supply.

25 (70 ILCS 2805/32l); Sanitary District Act of 1936; sanitary

26 districts; for waterworks.

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1 (70 ILCS 2905/2-7); Metro-East Sanitary District Act of 1974;

2 Metro-East Sanitary District; for corporate purposes.

3 (70 ILCS 2905/2-8); Metro-East Sanitary District Act of 1974;

4 Metro-East Sanitary District; for access to property.

5 (70 ILCS 3010/10); Sanitary District Revenue Bond Act;

6 sanitary districts; for sewerage systems.

7 (70 ILCS 3205/12); Illinois Sports Facilities Authority Act;

8 Illinois Sports Facilities Authority; quick-take power for

9 its corporate purposes (obsolete).

10 (70 ILCS 3405/16); Surface Water Protection District Act;

11 surface water protection districts; for corporate

12 purposes.

13 (70 ILCS 3605/7); Metropolitan Transit Authority Act; Chicago

14 Transit Authority; for transportation systems.

15 (70 ILCS 3605/8); Metropolitan Transit Authority Act; Chicago

16 Transit Authority; for general purposes.

17 (70 ILCS 3605/10); Metropolitan Transit Authority Act; Chicago

18 Transit Authority; for general purposes, including

19 railroad property.

20 (70 ILCS 3610/3 and 3610/5); Local Mass Transit District Act;

21 local mass transit districts; for general purposes.

22 (70 ILCS 3615/2.13); Regional Transportation Authority Act;

23 Regional Transportation Authority; for general purposes.

24 (70 ILCS 3615/2.41); Northern Illinois Transit Authority Act;

25 Northern Illinois Transit Authority; for fast-track

26 parcels.

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1 (70 ILCS 3705/8 and 3705/12); Public Water District Act;

2 public water districts; for waterworks.

3 (70 ILCS 3705/23a); Public Water District Act; public water

4 districts; for sewerage properties.

5 (70 ILCS 3705/23e); Public Water District Act; public water

6 districts; for combined waterworks and sewerage systems.

7 (70 ILCS 3715/6); Water Authorities Act; water authorities;

8 for facilities to ensure adequate water supply.

9 (70 ILCS 3715/27); Water Authorities Act; water authorities;

10 for access to property.

11 (75 ILCS 5/4-7); Illinois Local Library Act; boards of library

12 trustees; for library buildings.

13 (75 ILCS 16/30-55.80); Public Library District Act of 1991;

14 public library districts; for general purposes.

15 (75 ILCS 65/1 and 65/3); Libraries in Parks Act; corporate

16 authorities of city or park district, or board of park

17 commissioners; for free public library buildings.

18 (Source: Incorporates 98-564, eff. 8-27-13; P.A. 98-756, eff.

19 7-16-14; 99-669, eff. 7-29-16.)

20 Article 10.

21 Section 10-5. The Open Meetings Act is amended by changing

22 Section 2 as follows:

23 (5 ILCS 120/2) (from Ch. 102, par. 42)

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1 Sec. 2. Open meetings.

2 (a) Openness required. All meetings of public bodies shall

3 be open to the public unless excepted in subsection (c) and

4 closed in accordance with Section 2a.

5 (b) Construction of exceptions. The exceptions contained

6 in subsection (c) are in derogation of the requirement that

7 public bodies meet in the open, and therefore, the exceptions

8 are to be strictly construed, extending only to subjects

9 clearly within their scope. The exceptions authorize but do

10 not require the holding of a closed meeting to discuss a

11 subject included within an enumerated exception.

12 (c) Exceptions. A public body may hold closed meetings to

13 consider the following subjects:

14 (1) The appointment, employment, compensation,

15 discipline, performance, or dismissal of specific

16 employees, specific individuals who serve as independent

17 contractors in a park, recreational, or educational

18 setting, or specific volunteers of the public body or

19 legal counsel for the public body, including hearing

20 testimony on a complaint lodged against an employee, a

21 specific individual who serves as an independent

22 contractor in a park, recreational, or educational

23 setting, or a volunteer of the public body or against

24 legal counsel for the public body to determine its

25 validity. However, a meeting to consider an increase in

26 compensation to a specific employee of a public body that

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1 is subject to the Local Government Wage Increase

2 Transparency Act may not be closed and shall be open to the

3 public and posted and held in accordance with this Act.

4 (2) Collective negotiating matters between the public

5 body and its employees or their representatives, or

6 deliberations concerning salary schedules for one or more

7 classes of employees.

8 (3) The selection of a person to fill a public office,

9 as defined in this Act, including a vacancy in a public

10 office, when the public body is given power to appoint

11 under law or ordinance, or the discipline, performance or

12 removal of the occupant of a public office, when the

13 public body is given power to remove the occupant under

14 law or ordinance.

15 (4) Evidence or testimony presented in open hearing,

16 or in closed hearing where specifically authorized by law,

17 to a quasi-adjudicative body, as defined in this Act,

18 provided that the body prepares and makes available for

19 public inspection a written decision setting forth its

20 determinative reasoning.

21 (4.5) Evidence or testimony presented to a school

22 board regarding denial of admission to school events or

23 property pursuant to Section 24-24 of the School Code,

24 provided that the school board prepares and makes

25 available for public inspection a written decision setting

26 forth its determinative reasoning.

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1 (5) The purchase or lease of real property for the use

2 of the public body, including meetings held for the

3 purpose of discussing whether a particular parcel should

4 be acquired.

5 (6) The setting of a price for sale or lease of

6 property owned by the public body.

7 (7) The sale or purchase of securities, investments,

8 or investment contracts. This exception shall not apply to

9 the investment of assets or income of funds deposited into

10 the Illinois Prepaid Tuition Trust Fund.

11 (8) Security procedures, school building safety and

12 security, and the use of personnel and equipment to

13 respond to an actual, a threatened, or a reasonably

14 potential danger to the safety of employees, students,

15 staff, the public, or public property.

16 (9) Student disciplinary cases.

17 (10) The placement of individual students in special

18 education programs and other matters relating to

19 individual students.

20 (11) Litigation, when an action against, affecting or

21 on behalf of the particular public body has been filed and

22 is pending before a court or administrative tribunal, or

23 when the public body finds that an action is probable or

24 imminent, in which case the basis for the finding shall be

25 recorded and entered into the minutes of the closed

26 meeting.

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1 (12) The establishment of reserves or settlement of

2 claims as provided in the Local Governmental and

3 Governmental Employees Tort Immunity Act, if otherwise the

4 disposition of a claim or potential claim might be

5 prejudiced, or the review or discussion of claims, loss or

6 risk management information, records, data, advice or

7 communications from or with respect to any insurer of the

8 public body or any intergovernmental risk management

9 association or self insurance pool of which the public

10 body is a member.

11 (13) Conciliation of complaints of discrimination in

12 the sale or rental of housing, when closed meetings are

13 authorized by the law or ordinance prescribing fair

14 housing practices and creating a commission or

15 administrative agency for their enforcement.

16 (14) Informant sources, the hiring or assignment of

17 undercover personnel or equipment, or ongoing, prior or

18 future criminal investigations, when discussed by a public

19 body with criminal investigatory responsibilities.

20 (15) Professional ethics or performance when

21 considered by an advisory body appointed to advise a

22 licensing or regulatory agency on matters germane to the

23 advisory body's field of competence.

24 (16) Self evaluation, practices and procedures or

25 professional ethics, when meeting with a representative of

26 a statewide association of which the public body is a

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1 member.

2 (17) The recruitment, credentialing, discipline or

3 formal peer review of physicians or other health care

4 professionals, or for the discussion of matters protected

5 under the federal Patient Safety and Quality Improvement

6 Act of 2005, and the regulations promulgated thereunder,

7 including 42 C.F.R. Part 3 (73 FR 70732), or the federal

8 Health Insurance Portability and Accountability Act of

9 1996, and the regulations promulgated thereunder,

10 including 45 C.F.R. Parts 160, 162, and 164, by a

11 hospital, or other institution providing medical care,

12 that is operated by the public body.

13 (18) Deliberations for decisions of the Prisoner

14 Review Board.

15 (19) Review or discussion of applications received

16 under the Experimental Organ Transplantation Procedures

17 Act.

18 (20) The classification and discussion of matters

19 classified as confidential or continued confidential by

20 the State Government Suggestion Award Board.

21 (21) Discussion of minutes of meetings lawfully closed

22 under this Act, whether for purposes of approval by the

23 body of the minutes or semi-annual review of the minutes

24 as mandated by Section 2.06.

25 (22) Deliberations for decisions of the State

26 Emergency Medical Services Disciplinary Review Board.

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1 (23) The operation by a municipality of a municipal

2 utility or the operation of a municipal power agency or

3 municipal natural gas agency when the discussion involves

4 (i) contracts relating to the purchase, sale, or delivery

5 of electricity or natural gas or (ii) the results or

6 conclusions of load forecast studies.

7 (24) Meetings of a residential health care facility

8 resident sexual assault and death review team or the

9 Executive Council under the Abuse Prevention Review Team

10 Act.

11 (25) Meetings of an independent team of experts under

12 Brian's Law.

13 (26) Meetings of a mortality review team appointed

14 under the Department of Juvenile Justice Mortality Review

15 Team Act.

16 (27) (Blank).

17 (28) Correspondence and records (i) that may not be

18 disclosed under Section 11-9 of the Illinois Public Aid

19 Code or (ii) that pertain to appeals under Section 11-8 of

20 the Illinois Public Aid Code.

21 (29) Meetings between internal or external auditors

22 and governmental audit committees, finance committees, and

23 their equivalents, when the discussion involves internal

24 control weaknesses, identification of potential fraud risk

25 areas, known or suspected frauds, and fraud interviews

26 conducted in accordance with generally accepted auditing

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1 standards of the United States of America.

2 (30) (Blank).

3 (31) Meetings and deliberations for decisions of the

4 Concealed Carry Licensing Review Board under the Firearm

5 Concealed Carry Act.

6 (32) Meetings between the Northern Illinois Transit

7 Authority Board ~~Regional Transportation Authority Board~~

8 and its Service Boards when the discussion involves review

9 by the Northern Illinois Transit Authority Board ~~Regional~~

10 ~~Transportation Authority Board~~ of employment contracts

11 under Section 28d of the Chicago Transit Authority Act

12 ~~Metropolitan Transit Authority Act~~ and Sections 3A.18 and

13 3B.26 of the Northern Illinois Transit Authority Act

14 ~~Regional Transportation Authority Act~~.

15 (33) Those meetings or portions of meetings of the

16 advisory committee and peer review subcommittee created

17 under Section 320 of the Illinois Controlled Substances

18 Act during which specific controlled substance prescriber,

19 dispenser, or patient information is discussed.

20 (34) Meetings of the Tax Increment Financing Reform

21 Task Force under Section 2505-800 of the Department of

22 Revenue Law of the Civil Administrative Code of Illinois.

23 (35) Meetings of the group established to discuss

24 Medicaid capitation rates under Section 5-30.8 of the

25 Illinois Public Aid Code.

26 (36) Those deliberations or portions of deliberations

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1 for decisions of the Illinois Gaming Board in which there

2 is discussed any of the following: (i) personal,

3 commercial, financial, or other information obtained from

4 any source that is privileged, proprietary, confidential,

5 or a trade secret; or (ii) information specifically

6 exempted from the disclosure by federal or State law.

7 (37) Deliberations for decisions of the Illinois Law

8 Enforcement Training Standards Board, the Certification

9 Review Panel, and the Illinois State Police Merit Board

10 regarding certification and decertification.

11 (38) Meetings of the Ad Hoc Statewide Domestic

12 Violence Fatality Review Committee of the Illinois

13 Criminal Justice Information Authority Board that occur in

14 closed executive session under subsection (d) of Section

15 35 of the Domestic Violence Fatality Review Act.

16 (39) Meetings of the regional review teams under

17 subsection (a) of Section 75 of the Domestic Violence

18 Fatality Review Act.

19 (40) Meetings of the Firearm Owner's Identification

20 Card Review Board under Section 10 of the Firearm Owners

21 Identification Card Act.

22 (d) Definitions. For purposes of this Section:

23 "Employee" means a person employed by a public body whose

24 relationship with the public body constitutes an

25 employer-employee relationship under the usual common law

26 rules, and who is not an independent contractor.

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1 "Public office" means a position created by or under the

2 Constitution or laws of this State, the occupant of which is

3 charged with the exercise of some portion of the sovereign

4 power of this State. The term "public office" shall include

5 members of the public body, but it shall not include

6 organizational positions filled by members thereof, whether

7 established by law or by a public body itself, that exist to

8 assist the body in the conduct of its business.

9 "Quasi-adjudicative body" means an administrative body

10 charged by law or ordinance with the responsibility to conduct

11 hearings, receive evidence or testimony and make

12 determinations based thereon, but does not include local

13 electoral boards when such bodies are considering petition

14 challenges.

15 (e) Final action. No final action may be taken at a closed

16 meeting. Final action shall be preceded by a public recital of

17 the nature of the matter being considered and other

18 information that will inform the public of the business being

19 conducted.

20 (Source: P.A. 102-237, eff. 1-1-22; 102-520, eff. 8-20-21;

21 102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 103-311, eff.

22 7-28-23; 103-626, eff. 1-1-25.)

23 Section 10-10. The Transportation Cooperation Act of 1971

24 is amended by changing Section 2 as follows:

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1 (5 ILCS 225/2) (from Ch. 111 2/3, par. 602)

2 Sec. 2. For the purposes of this Act:

3 (a) "Railroad passenger service" means any railroad

4 passenger service within the State of Illinois, including the

5 equipment and facilities used in connection therewith, with

6 the exception of the basic system operated by the National

7 Railroad Passenger Corporation pursuant to Title II and

8 Section 403(a) of the Federal Rail Passenger Service Act of

9 1970.

10 (b) "Federal Railroad Corporation" means the National

11 Railroad Passenger Corporation established pursuant to an Act

12 of Congress known as the "Rail Passenger Service Act of 1970."

13 (c) "Transportation system" means any and all modes of

14 public transportation within the State, including, but not

15 limited to, transportation of persons or property by rapid

16 transit, rail, bus, and aircraft, and all equipment,

17 facilities and property, real and personal, used in connection

18 therewith.

19 (d) "Carrier" means any corporation, authority,

20 partnership, association, person or district authorized to

21 maintain a transportation system within the State with the

22 exception of the Federal Railroad Corporation.

23 (e) "Units of local government" means cities, villages,

24 incorporated towns, counties, municipalities, townships, and

25 special districts, including any district created pursuant to

26 the ~~"~~Local Mass Transit District Act~~", approved July 21, 1959,~~

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1 ~~as amended~~; any Authority created pursuant to the Chicago

2 Transit Authority Act ~~"Metropolitan Transit Authority Act",~~

3 ~~approved April 12, 1945, as amended~~; and, any authority,

4 commission or other entity which by virtue of an interstate

5 compact approved by Congress is authorized to provide mass

6 transportation.

7 (f) "Universities" means all public institutions of higher

8 education as defined in an "Act creating a Board of Higher

9 Education, defining its powers and duties, making an

10 appropriation therefor, and repealing an Act herein named",

11 approved August 22, 1961, as amended, and all private

12 institutions of higher education as defined in the Illinois

13 Finance Authority Act.

14 (g) "Department" means the Illinois Department of

15 Transportation, or such other department designated by law to

16 perform the duties and functions of the Illinois Department of

17 Transportation prior to January 1, 1972.

18 (h) "Association" means any Transportation Service

19 Association created pursuant to Section 4 of this Act.

20 (i) "Contracting Parties" means any units of local

21 government or universities which have associated and joined

22 together pursuant to Section 3 of this Act.

23 (j) "Governing authorities" means (1) the city council or

24 similar legislative body of a city; (2) the board of trustees

25 or similar body of a village or incorporated town; (3) the

26 council of a municipality under the commission form of

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1 municipal government; (4) the board of trustees in a township;

2 (5) the Board of Trustees of the University of Illinois, the

3 Board of Trustees of Southern Illinois University, the Board

4 of Trustees of Chicago State University, the Board of Trustees

5 of Eastern Illinois University, the Board of Trustees of

6 Governors State University, the Board of Trustees of Illinois

7 State University, the Board of Trustees of Northeastern

8 Illinois University, the Board of Trustees of Northern

9 Illinois University, the Board of Trustees of Western Illinois

10 University, and the Illinois Community College Board; (6) the

11 county board of a county; and (7) the trustees, commissioners,

12 board members, or directors of a university, special district,

13 authority or similar agency.

14 (Source: P.A. 93-205, eff. 1-1-04.)

15 Section 10-15. The Illinois Public Labor Relations Act is

16 amended by changing Section 15 as follows:

17 (5 ILCS 315/15) (from Ch. 48, par. 1615)

18 (Text of Section WITHOUT the changes made by P.A. 98-599,

19 which has been held unconstitutional)

20 Sec. 15. Act takes precedence ~~Takes Precedence~~.

21 (a) In case of any conflict between the provisions of this

22 Act and any other law (other than Section 5 of the State

23 Employees Group Insurance Act of 1971 and other than the

24 changes made to the Illinois Pension Code by Public Act 96-889

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1 ~~this amendatory Act of the 96th General Assembly~~), executive

2 order or administrative regulation relating to wages, hours

3 and conditions of employment and employment relations, the

4 provisions of this Act or any collective bargaining agreement

5 negotiated thereunder shall prevail and control. Nothing in

6 this Act shall be construed to replace or diminish the rights

7 of employees established by Sections 28 and 28a of the Chicago

8 Transit Authority Act ~~Metropolitan Transit Authority Act~~,

9 Sections 2.15 through 2.19 of the Northern Illinois Transit

10 Authority Act ~~Regional Transportation Authority Act~~. The

11 provisions of this Act are subject to Section 5 of the State

12 Employees Group Insurance Act of 1971. Nothing in this Act

13 shall be construed to replace the necessity of complaints

14 against a sworn peace officer, as defined in Section 2(a) of

15 the Uniform Peace Officers' ~~Officer~~ Disciplinary Act, from

16 having a complaint supported by a sworn affidavit.

17 (b) Except as provided in subsection (a) above, any

18 collective bargaining contract between a public employer and a

19 labor organization executed pursuant to this Act shall

20 supersede any contrary statutes, charters, ordinances, rules

21 or regulations relating to wages, hours and conditions of

22 employment and employment relations adopted by the public

23 employer or its agents. Any collective bargaining agreement

24 entered into prior to the effective date of this Act shall

25 remain in full force during its duration.

26 (c) It is the public policy of this State, pursuant to

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1 paragraphs (h) and (i) of Section 6 of Article VII of the

2 Illinois Constitution, that the provisions of this Act are the

3 exclusive exercise by the State of powers and functions which

4 might otherwise be exercised by home rule units. Such powers

5 and functions may not be exercised concurrently, either

6 directly or indirectly, by any unit of local government,

7 including any home rule unit, except as otherwise authorized

8 by this Act.

9 (Source: P.A. 95-331, eff. 8-21-07; 96-889, eff. 1-1-11;

10 revised 7-23-24.)

11 Section 10-20. The State Officials and Employees Ethics

12 Act is amended by changing Section 1-5 as follows:

13 (5 ILCS 430/1-5)

14 Sec. 1-5. Definitions. As used in this Act:

15 "Appointee" means a person appointed to a position in or

16 with a State agency, regardless of whether the position is

17 compensated.

18 "Board members of Regional Development Authorities" means

19 any person appointed to serve on the governing board of a

20 Regional Development Authority.

21 "Board members of Regional Transit Boards" means any

22 person appointed to serve on the governing board of a Regional

23 Transit Board.

24 "Campaign for elective office" means any activity in

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1 furtherance of an effort to influence the selection,

2 nomination, election, or appointment of any individual to any

3 federal, State, or local public office or office in a

4 political organization, or the selection, nomination, or

5 election of Presidential or Vice-Presidential electors, but

6 does not include activities (i) relating to the support or

7 opposition of any executive, legislative, or administrative

8 action (as those terms are defined in Section 2 of the Lobbyist

9 Registration Act), (ii) relating to collective bargaining, or

10 (iii) that are otherwise in furtherance of the person's

11 official State duties.

12 "Candidate" means a person who has filed nominating papers

13 or petitions for nomination or election to an elected State

14 office, or who has been appointed to fill a vacancy in

15 nomination, and who remains eligible for placement on the

16 ballot at either a general primary election or general

17 election.

18 "Collective bargaining" has the same meaning as that term

19 is defined in Section 3 of the Illinois Public Labor Relations

20 Act.

21 "Commission" means an ethics commission created by this

22 Act.

23 "Compensated time" means any time worked by or credited to

24 a State employee that counts toward any minimum work time

25 requirement imposed as a condition of employment with a State

26 agency, but does not include any designated State holidays or

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1 any period when the employee is on a leave of absence.

2 "Compensatory time off" means authorized time off earned

3 by or awarded to a State employee to compensate in whole or in

4 part for time worked in excess of the minimum work time

5 required of that employee as a condition of employment with a

6 State agency.

7 "Contribution" has the same meaning as that term is

8 defined in Section 9-1.4 of the Election Code.

9 "Employee" means (i) any person employed full-time,

10 part-time, or pursuant to a contract and whose employment

11 duties are subject to the direction and control of an employer

12 with regard to the material details of how the work is to be

13 performed or (ii) any appointed or elected commissioner,

14 trustee, director, or board member of a board of a State

15 agency, including any retirement system or investment board

16 subject to the Illinois Pension Code or (iii) any other

17 appointee.

18 "Employment benefits" include but are not limited to the

19 following: modified compensation or benefit terms; compensated

20 time off; or change of title, job duties, or location of office

21 or employment. An employment benefit may also include

22 favorable treatment in determining whether to bring any

23 disciplinary or similar action or favorable treatment during

24 the course of any disciplinary or similar action or other

25 performance review.

26 "Executive branch constitutional officer" means the

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1 Governor, Lieutenant Governor, Attorney General, Secretary of

2 State, Comptroller, and Treasurer.

3 "Gift" means any gratuity, discount, entertainment,

4 hospitality, loan, forbearance, or other tangible or

5 intangible item having monetary value including, but not

6 limited to, cash, food and drink, and honoraria for speaking

7 engagements related to or attributable to government

8 employment or the official position of an employee, member, or

9 officer. The value of a gift may be further defined by rules

10 adopted by the appropriate ethics commission or by the Auditor

11 General for the Auditor General and for employees of the

12 office of the Auditor General.

13 "Governmental entity" means a unit of local government

14 (including a community college district) or a school district

15 but not a State agency, a Regional Transit Board, or a Regional

16 Development Authority.

17 "Leave of absence" means any period during which a State

18 employee does not receive (i) compensation for State

19 employment, (ii) service credit towards State pension

20 benefits, and (iii) health insurance benefits paid for by the

21 State.

22 "Legislative branch constitutional officer" means a member

23 of the General Assembly and the Auditor General.

24 "Legislative leader" means the President and Minority

25 Leader of the Senate and the Speaker and Minority Leader of the

26 House of Representatives.

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1 "Member" means a member of the General Assembly.

2 "Officer" means an executive branch constitutional officer

3 or a legislative branch constitutional officer.

4 "Political" means any activity in support of or in

5 connection with any campaign for elective office or any

6 political organization, but does not include activities (i)

7 relating to the support or opposition of any executive,

8 legislative, or administrative action (as those terms are

9 defined in Section 2 of the Lobbyist Registration Act), (ii)

10 relating to collective bargaining, or (iii) that are otherwise

11 in furtherance of the person's official State duties or

12 governmental and public service functions.

13 "Political organization" means a party, committee,

14 association, fund, or other organization (whether or not

15 incorporated) that is required to file a statement of

16 organization with the State Board of Elections or a county

17 clerk under Section 9-3 of the Election Code, but only with

18 regard to those activities that require filing with the State

19 Board of Elections or a county clerk.

20 "Prohibited political activity" means:

21 (1) Preparing for, organizing, or participating in any

22 political meeting, political rally, political

23 demonstration, or other political event.

24 (2) Soliciting contributions, including but not

25 limited to the purchase of, selling, distributing, or

26 receiving payment for tickets for any political

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1 fundraiser, political meeting, or other political event.

2 (3) Soliciting, planning the solicitation of, or

3 preparing any document or report regarding any thing of

4 value intended as a campaign contribution.

5 (4) Planning, conducting, or participating in a public

6 opinion poll in connection with a campaign for elective

7 office or on behalf of a political organization for

8 political purposes or for or against any referendum

9 question.

10 (5) Surveying or gathering information from potential

11 or actual voters in an election to determine probable vote

12 outcome in connection with a campaign for elective office

13 or on behalf of a political organization for political

14 purposes or for or against any referendum question.

15 (6) Assisting at the polls on election day on behalf

16 of any political organization or candidate for elective

17 office or for or against any referendum question.

18 (7) Soliciting votes on behalf of a candidate for

19 elective office or a political organization or for or

20 against any referendum question or helping in an effort to

21 get voters to the polls.

22 (8) Initiating for circulation, preparing,

23 circulating, reviewing, or filing any petition on behalf

24 of a candidate for elective office or for or against any

25 referendum question.

26 (9) Making contributions on behalf of any candidate

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1 for elective office in that capacity or in connection with

2 a campaign for elective office.

3 (10) Preparing or reviewing responses to candidate

4 questionnaires in connection with a campaign for elective

5 office or on behalf of a political organization for

6 political purposes.

7 (11) Distributing, preparing for distribution, or

8 mailing campaign literature, campaign signs, or other

9 campaign material on behalf of any candidate for elective

10 office or for or against any referendum question.

11 (12) Campaigning for any elective office or for or

12 against any referendum question.

13 (13) Managing or working on a campaign for elective

14 office or for or against any referendum question.

15 (14) Serving as a delegate, alternate, or proxy to a

16 political party convention.

17 (15) Participating in any recount or challenge to the

18 outcome of any election, except to the extent that under

19 subsection (d) of Section 6 of Article IV of the Illinois

20 Constitution each house of the General Assembly shall

21 judge the elections, returns, and qualifications of its

22 members.

23 "Prohibited source" means any person or entity who:

24 (1) is seeking official action (i) by the member or

25 officer or (ii) in the case of an employee, by the employee

26 or by the member, officer, State agency, or other employee

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1 directing the employee;

2 (2) does business or seeks to do business (i) with the

3 member or officer or (ii) in the case of an employee, with

4 the employee or with the member, officer, State agency, or

5 other employee directing the employee;

6 (3) conducts activities regulated (i) by the member or

7 officer or (ii) in the case of an employee, by the employee

8 or by the member, officer, State agency, or other employee

9 directing the employee;

10 (4) has interests that may be substantially affected

11 by the performance or non-performance of the official

12 duties of the member, officer, or employee;

13 (5) is registered or required to be registered with

14 the Secretary of State under the Lobbyist Registration

15 Act, except that an entity not otherwise a prohibited

16 source does not become a prohibited source merely because

17 a registered lobbyist is one of its members or serves on

18 its board of directors; or

19 (6) is an agent of, a spouse of, or an immediate family

20 member who is living with a "prohibited source".

21 "Regional Development Authority" means the following

22 regional development authorities:

23 (1) the Central Illinois Economic Development

24 Authority created by the Central Illinois Economic

25 Development Authority Act;

26 (2) the Eastern Illinois Economic Development

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1 Authority created by the Eastern Illinois Economic

2 Development Authority Act;

3 (3) the Joliet Arsenal Development Authority created

4 by the Joliet Arsenal Development Authority Act;

5 (4) the Quad Cities Regional Economic Development

6 Authority created by Quad Cities Regional Economic

7 Development Authority Act, approved September 22, 1987;

8 (5) the Riverdale Development Authority created by the

9 Riverdale Development Authority Act;

10 (6) the Southeastern Illinois Economic Development

11 Authority created by the Southeastern Illinois Economic

12 Development Authority Act;

13 (7) the Southern Illinois Economic Development

14 Authority created by the Southern Illinois Economic

15 Development Authority Act;

16 (8) the Southwestern Illinois Development Authority

17 created by the Southwestern Illinois Development Authority

18 Act;

19 (9) the Tri-County River Valley Development Authority

20 created by the Tri-County River Valley Development

21 Authority Law;

22 (10) the Upper Illinois River Valley Development

23 Authority created by the Upper Illinois River Valley

24 Development Authority Act;

25 (11) the Illinois Urban Development Authority created

26 by the Illinois Urban Development Authority Act;

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1 (12) the Western Illinois Economic Development

2 Authority created by the Western Illinois Economic

3 Development Authority Act; and

4 (13) the Will-Kankakee Regional Development Authority

5 created by the Will-Kankakee Regional Development

6 Authority Law.

7 "Regional Transit Boards" means (i) the Northern Illinois

8 Transit Authority ~~Regional Transportation Authority~~ created by

9 the Northern Illinois Transit Authority Act ~~Regional~~

10 ~~Transportation Authority Act~~, (ii) the Suburban Bus Division

11 created by the Northern Illinois Transit Authority Act

12 ~~Regional Transportation Authority Act~~, (iii) the Commuter Rail

13 Division created by the Northern Illinois Transit Authority

14 Act ~~Regional Transportation Authority Act~~, and (iv) the

15 Chicago Transit Authority created by the Chicago Transit

16 Authority Act ~~Metropolitan Transit Authority Act~~.

17 "State agency" includes all officers, boards, commissions

18 and agencies created by the Constitution, whether in the

19 executive or legislative branch; all officers, departments,

20 boards, commissions, agencies, institutions, authorities,

21 public institutions of higher learning as defined in Section 2

22 of the Higher Education Cooperation Act (except community

23 colleges), and bodies politic and corporate of the State; and

24 administrative units or corporate outgrowths of the State

25 government which are created by or pursuant to statute, other

26 than units of local government (including community college

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1 districts) and their officers, school districts, and boards of

2 election commissioners; and all administrative units and

3 corporate outgrowths of the above and as may be created by

4 executive order of the Governor. "State agency" includes the

5 General Assembly, the Senate, the House of Representatives,

6 the President and Minority Leader of the Senate, the Speaker

7 and Minority Leader of the House of Representatives, the

8 Senate Operations Commission, and the legislative support

9 services agencies. "State agency" includes the Office of the

10 Auditor General. "State agency" does not include the judicial

11 branch.

12 "State employee" means any employee of a State agency.

13 "Ultimate jurisdictional authority" means the following:

14 (1) For members, legislative partisan staff, and

15 legislative secretaries, the appropriate legislative

16 leader: President of the Senate, Minority Leader of the

17 Senate, Speaker of the House of Representatives, or

18 Minority Leader of the House of Representatives.

19 (2) For State employees who are professional staff or

20 employees of the Senate and not covered under item (1),

21 the Senate Operations Commission.

22 (3) For State employees who are professional staff or

23 employees of the House of Representatives and not covered

24 under item (1), the Speaker of the House of

25 Representatives.

26 (4) For State employees who are employees of the

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1 legislative support services agencies, the Joint Committee

2 on Legislative Support Services.

3 (5) For State employees of the Auditor General, the

4 Auditor General.

5 (6) For State employees of public institutions of

6 higher learning as defined in Section 2 of the Higher

7 Education Cooperation Act (except community colleges), the

8 board of trustees of the appropriate public institution of

9 higher learning.

10 (7) For State employees of an executive branch

11 constitutional officer other than those described in

12 paragraph (6), the appropriate executive branch

13 constitutional officer.

14 (8) For State employees not under the jurisdiction of

15 paragraph (1), (2), (3), (4), (5), (6), or (7), the

16 Governor.

17 (9) For employees of Regional Transit Boards, the

18 appropriate Regional Transit Board.

19 (10) For board members of Regional Transit Boards, the

20 Governor.

21 (11) For employees of Regional Development

22 Authorities, the appropriate Regional Development

23 Authority.

24 (12) For board members of Regional Development

25 Authorities, the Governor.

26 (Source: P.A. 103-517, eff. 8-11-23.)

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1 Section 10-25. The Illinois Act on the Aging is amended by

2 changing Section 4.15 as follows:

3 (20 ILCS 105/4.15)

4 Sec. 4.15. Eligibility determinations.

5 (a) The Department is authorized to make eligibility

6 determinations for benefits administered by other governmental

7 bodies based on the Senior Citizens and Persons with

8 Disabilities Property Tax Relief Act as follows:

9 (i) for the Secretary of State with respect to reduced

10 fees paid by qualified vehicle owners under the Illinois

11 Vehicle Code;

12 (ii) for special districts that offer free fixed route

13 public transportation services for qualified older adults

14 under the Local Mass Transit District Act, the Chicago

15 Transit Authority Act ~~Metropolitan Transit Authority Act~~,

16 and the Northern Illinois Transit Authority Act ~~Regional~~

17 ~~Transportation Authority Act~~; and

18 (iii) for special districts that offer transit

19 services for qualified individuals with disabilities under

20 the Local Mass Transit District Act, the Chicago Transit

21 Authority Act ~~Metropolitan Transit Authority Act~~, and the

22 Northern Illinois Transit Authority Act ~~Regional~~

23 ~~Transportation Authority Act~~.

24 (b) The Department shall establish the manner by which

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1 claimants shall apply for these benefits. The Department is

2 authorized to promulgate rules regarding the following

3 matters: the application cycle; the application process; the

4 content for an electronic application; required personal

5 identification information; acceptable proof of eligibility as

6 to age, disability status, marital status, residency, and

7 household income limits; household composition; calculating

8 income; use of social security numbers; duration of

9 eligibility determinations; and any other matters necessary

10 for such administrative operations.

11 (c) All information received by the Department from an

12 application or from any investigation to determine eligibility

13 for benefits shall be confidential, except for official

14 purposes.

15 (d) A person may not under any circumstances charge a fee

16 to a claimant for assistance in completing an application form

17 for these benefits.

18 (Source: P.A. 98-887, eff. 8-15-14; 99-143, eff. 7-27-15.)

19 Section 10-30. The Illinois State Police Law of the Civil

20 Administrative Code of Illinois is amended by changing Section

21 2605-340 as follows:

22 (20 ILCS 2605/2605-340) (was 20 ILCS 2605/55a in part)

23 Sec. 2605-340. Conviction information for private carrier

24 company under the Chicago Transit Authority Act ~~Metropolitan~~

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1 ~~Transit Authority Act~~. Upon the request of a private carrier

2 company that provides transportation under Section 28b of the

3 Chicago Transit Authority Act ~~Metropolitan Transit Authority~~

4 ~~Act~~, to ascertain whether an applicant for a driver position

5 has been convicted of any criminal or drug offense enumerated

6 in that Section. The Illinois State Police shall furnish the

7 conviction information to the private carrier company that

8 requested the information.

9 (Source: P.A. 102-538, eff. 8-20-21.)

10 Section 10-35. The Department of Transportation Law of the

11 Civil Administrative Code of Illinois is amended by changing

12 Sections 2705-305 and 2705-315 as follows:

13 (20 ILCS 2705/2705-305)

14 Sec. 2705-305. Grants for mass transportation.

15 (a) For the purpose of mass transportation grants and

16 contracts, the following definitions apply:

17 "Carrier" means any corporation, authority, partnership,

18 association, person, or district authorized to provide mass

19 transportation within the State.

20 "District" means all of the following:

21 (i) Any district created pursuant to the Local Mass

22 Transit District Act.

23 (ii) The Authority created pursuant to the Chicago

24 Transit Authority Act ~~Metropolitan Transit Authority Act~~.

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1 (iii) Any authority, commission, or other entity that

2 by virtue of an interstate compact approved by Congress is

3 authorized to provide mass transportation.

4 (iv) The Authority created pursuant to the Northern

5 Illinois Transit Authority Act ~~Regional Transportation~~

6 ~~Authority Act~~.

7 "Facilities" comprise all real and personal property used

8 in or appurtenant to a mass transportation system, including

9 parking lots.

10 "Mass transportation" means transportation provided within

11 the State of Illinois by rail, bus, or other conveyance and

12 available to the general public on a regular and continuing

13 basis, including the transportation of persons with

14 disabilities or elderly persons as provided more specifically

15 in Section 2705-310.

16 "Unit of local government" means any city, village,

17 incorporated town, or county.

18 (b) Grants may be made to units of local government,

19 districts, and carriers for the acquisition, construction,

20 extension, reconstruction, and improvement of mass

21 transportation facilities. Grants shall be made upon the terms

22 and conditions that in the judgment of the Secretary are

23 necessary to ensure their proper and effective utilization.

24 (c) The Department shall make grants under this Law in a

25 manner designed, so far as is consistent with the maintenance

26 and development of a sound mass transportation system within

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1 the State, to: (i) maximize federal funds for the assistance

2 of mass transportation in Illinois under the Federal Transit

3 Act and other federal Acts; (ii) facilitate the movement of

4 persons who because of age, economic circumstance, or physical

5 infirmity are unable to drive; (iii) contribute to an improved

6 environment through the reduction of air, water, and noise

7 pollution; and (iv) reduce traffic congestion.

8 (d) The Secretary shall establish procedures for making

9 application for mass transportation grants. The procedures

10 shall provide for public notice of all applications and give

11 reasonable opportunity for the submission of comments and

12 objections by interested parties. The procedures shall be

13 designed with a view to facilitating simultaneous application

14 for a grant to the Department and to the federal government.

15 (e) Grants may be made for mass transportation projects as

16 follows:

17 (1) In an amount not to exceed 100% of the nonfederal

18 share of projects for which a federal grant is made.

19 (2) In an amount not to exceed 100% of the net project

20 cost for projects for which a federal grant is not made.

21 (3) In an amount not to exceed five-sixths of the net

22 project cost for projects essential for the maintenance of

23 a sound transportation system and eligible for federal

24 assistance for which a federal grant application has been

25 made but a federal grant has been delayed. If and when a

26 federal grant is made, the amount in excess of the

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1 nonfederal share shall be promptly returned to the

2 Department.

3 In no event shall the Department make a grant that,

4 together with any federal funds or funds from any other

5 source, is in excess of 100% of the net project cost.

6 (f) Regardless of whether any funds are available under a

7 federal grant, the Department shall not make a mass

8 transportation grant unless the Secretary finds that the

9 recipient has entered into an agreement with the Department in

10 which the recipient agrees not to engage in school bus

11 operations exclusively for the transportation of students and

12 school personnel in competition with private school bus

13 operators where those private school bus operators are able to

14 provide adequate transportation, at reasonable rates, in

15 conformance with applicable safety standards, provided that

16 this requirement shall not apply to a recipient that operates

17 a school system in the area to be served and operates a

18 separate and exclusive school bus program for the school

19 system.

20 (g) Grants may be made for mass transportation purposes

21 with funds appropriated from the Build Illinois Bond Fund

22 consistent with the specific purposes for which those funds

23 are appropriated by the General Assembly. Grants under this

24 subsection (g) are not subject to any limitations or

25 conditions imposed upon grants by any other provision of this

26 Section, except that the Secretary may impose the terms and

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1 conditions that in his or her judgment are necessary to ensure

2 the proper and effective utilization of the grants under this

3 subsection.

4 (h) The Department may let contracts for mass

5 transportation purposes and facilities for the purpose of

6 reducing urban congestion funded in whole or in part with

7 bonds described in subdivision (b)(1) of Section 4 of the

8 General Obligation Bond Act, not to exceed $75,000,000 in

9 bonds.

10 (i) The Department may make grants to carriers, districts,

11 and units of local government for the purpose of reimbursing

12 them for providing reduced fares for mass transportation

13 services for students, persons with disabilities, and the

14 elderly. Grants shall be made upon the terms and conditions

15 that in the judgment of the Secretary are necessary to ensure

16 their proper and effective utilization.

17 (j) The Department may make grants to carriers, districts,

18 and units of local government for costs of providing ADA

19 paratransit service.

20 (Source: P.A. 99-143, eff. 7-27-15.)

21 (20 ILCS 2705/2705-315) (was 20 ILCS 2705/49.19b)

22 Sec. 2705-315. Grants for passenger security. The

23 Department may make grants from the Transportation Fund and

24 the General Revenue Fund to the Northern Illinois Transit

25 Authority ~~Regional Transportation Authority~~ created under the

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1 Northern Illinois Transit Authority Act ~~Regional~~

2 ~~Transportation Authority Act~~ to be used to provide protection

3 against crime for the consumers of public transportation, and

4 for the employees and facilities of public transportation

5 providers, in the metropolitan region. The grants may be used

6 (1) to provide that protection directly, or (2) to contract

7 with any municipality or county in the metropolitan region to

8 provide that protection, or (3) except for the Chicago Transit

9 Authority created under the Chicago Transit Authority Act

10 ~~Metropolitan Transit Authority Act~~, to contract with a private

11 security agency to provide that protection.

12 The grants shall be made upon the terms and conditions

13 that in the judgment of the Secretary are necessary to ensure

14 their proper and effective utilization. The procedures

15 provided in Section 2705-305 to govern grants for mass

16 transportation shall apply to grants made under this Section.

17 (Source: P.A. 91-239, eff. 1-1-00.)

18 Section 10-40. The Illinois State Auditing Act is amended

19 by changing Section 3-2.3 as follows:

20 (30 ILCS 5/3-2.3)

21 Sec. 3-2.3. Report on Chicago Transit Authority.

22 (a) No less than 60 days prior to the issuance of bonds or

23 notes by the Chicago Transit Authority (referred to as the

24 "Authority" in this Section) pursuant to Section 12c of the

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1 Chicago Transit Authority Act ~~Metropolitan Transit Authority~~

2 ~~Act~~, the following documentation shall be submitted to the

3 Auditor General and the Northern Illinois Transit Authority

4 ~~Regional Transportation Authority~~:

5 (1) Retirement Plan Documentation. The Authority shall

6 submit a certification that:

7 (A) it is legally authorized to issue the bonds or

8 notes;

9 (B) scheduled annual payments of principal and

10 interest on the bonds and notes to be issued meet the

11 requirements of paragraph (5) of subsection (b) of

12 Section 12c~~(b)(5)~~ of the Chicago Transit Authority Act

13 ~~Metropolitan Transit Authority Act~~;

14 (C) no bond or note shall mature later than

15 December 31, 2040;

16 (D) after payment of costs of issuance and

17 necessary deposits to funds and accounts established

18 with respect to debt service on the bonds or notes, the

19 net bond and note proceeds (exclusive of any proceeds

20 to be used to refund outstanding bonds or notes) will

21 be deposited in the Retirement Plan for Chicago

22 Transit Authority Employees and used only for the

23 purposes required by Section 22-101 of the Illinois

24 Pension Code; and

25 (E) it has entered into an intergovernmental

26 agreement with the City of Chicago under which the

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1 City of Chicago will provide financial assistance to

2 the Authority in an amount equal to the net receipts,

3 after fees for costs of collection, from a tax on the

4 privilege of transferring title to real estate in the

5 City of Chicago in an amount up to $1.50 per $500 of

6 value or fraction thereof under the provisions of

7 Section 8-3-19 of the Illinois Municipal Code, which

8 agreement shall be for a term expiring no earlier than

9 the final maturity of bonds or notes that it proposes

10 to issue under Section 12c of the Chicago Transit

11 Authority Act ~~Metropolitan Transit Authority Act~~.

12 (2) The Board of Trustees of the Retirement Plan for

13 Chicago Transit Authority Employees shall submit a

14 certification that the Retirement Plan for Chicago Transit

15 Authority Employees is operating in accordance with all

16 applicable legal and contractual requirements, including

17 the following:

18 (A) the members of a new Board of Trustees have

19 been appointed according to the requirements of

20 Section 22-101(b) of the Illinois Pension Code; and

21 (B) contribution levels for employees and the

22 Authority have been established according to the

23 requirements of Section 22-101(d) of the Illinois

24 Pension Code.

25 (3) Actuarial Report. The Board of Trustees of the

26 Retirement Plan for Chicago Transit Authority Employees

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1 shall submit an actuarial report prepared by an enrolled

2 actuary setting forth:

3 (A) the method of valuation and the underlying

4 assumptions;

5 (B) a comparison of the debt service schedules of

6 the bonds or notes proposed to be issued to the

7 Retirement Plan's current unfunded actuarial accrued

8 liability amortization schedule, as required by

9 Section 22-101(e) of the Illinois Pension Code, using

10 the projected interest cost of the bond or note issue

11 as the discount rate to calculate the estimated net

12 present value savings;

13 (C) the amount of the estimated net present value

14 savings comparing the true interest cost of the bonds

15 or notes with the actuarial investment return

16 assumption of the Retirement Plan; and

17 (D) a certification that the net proceeds of the

18 bonds or notes, together with anticipated earnings on

19 contributions and deposits, will be sufficient to

20 reasonably conclude on an actuarial basis that the

21 total retirement assets of the Retirement Plan will

22 not be less than 90% of its liabilities by the end of

23 fiscal year 2059.

24 (4) The Authority shall submit a financial analysis

25 prepared by an independent advisor. The financial analysis

26 must include a determination that the issuance of bonds is

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1 in the best interest of the Retirement Plan for Chicago

2 Transit Authority Employees and the Chicago Transit

3 Authority. The independent advisor shall not act as

4 underwriter or receive a legal, consulting, or other fee

5 related to the issuance of any bond or notes issued by the

6 Authority pursuant to Section 12c of the Chicago Transit

7 Authority Act ~~Metropolitan Transit Authority Act~~ except

8 compensation due for the preparation of the financial

9 analysis.

10 (5) Retiree Health Care Trust Documentation. The

11 Authority shall submit a certification that:

12 (A) it is legally authorized to issue the bonds or

13 notes;

14 (B) scheduled annual payments of principal and

15 interest on the bonds and notes to be issued meets the

16 requirements of paragraph (5) of subsection (b) of

17 Section 12c~~(b)(5)~~ of the Chicago Transit Authority Act

18 ~~Metropolitan Transit Authority Act~~;

19 (C) no bond or note shall mature later than

20 December 31, 2040;

21 (D) after payment of costs of issuance and

22 necessary deposits to funds and accounts established

23 with respect to debt service on the bonds or notes, the

24 net bond and note proceeds (exclusive of any proceeds

25 to be used to refund outstanding bonds or notes) will

26 be deposited in the Retiree Health Care Trust and used

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1 only for the purposes required by Section 22-101B of

2 the Illinois Pension Code; and

3 (E) it has entered into an intergovernmental

4 agreement with the City of Chicago under which the

5 City of Chicago will provide financial assistance to

6 the Authority in an amount equal to the net receipts,

7 after fees for costs of collection, from a tax on the

8 privilege of transferring title to real estate in the

9 City of Chicago in an amount up to $1.50 per $500 of

10 value or fraction thereof under the provisions of

11 Section 8-3-19 of the Illinois Municipal Code, which

12 agreement shall be for a term expiring no earlier than

13 the final maturity of bonds or notes that it proposes

14 to issue under Section 12c of the Chicago Transit

15 Authority Act ~~Metropolitan Transit Authority Act~~.

16 (6) The Board of Trustees of the Retiree Health Care

17 Trust shall submit a certification that the Retiree Health

18 Care Trust has been established in accordance with all

19 applicable legal requirements, including the following:

20 (A) the Retiree Health Care Trust has been

21 established and a Trust document is in effect to

22 govern the Retiree Health Care Trust;

23 (B) the members of the Board of Trustees of the

24 Retiree Health Care Trust have been appointed

25 according to the requirements of Section 22-101B(b)(1)

26 of the Illinois Pension Code;

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1 (C) a health care benefit program for eligible

2 retirees and their dependents and survivors has been

3 established by the Board of Trustees according to the

4 requirements of Section 22-101B(b)(2) of the Illinois

5 Pension Code;

6 (D) contribution levels have been established for

7 retirees, dependents and survivors according to the

8 requirements of Section 22-101B(b)(5) of the Illinois

9 Pension Code; and

10 (E) contribution levels have been established for

11 employees of the Authority according to the

12 requirements of Section 22-101B(b)(6) of the Illinois

13 Pension Code.

14 (7) Actuarial Report. The Board of Trustees of the

15 Retiree Health Care Trust shall submit an actuarial report

16 prepared by an enrolled actuary setting forth:

17 (A) the method of valuation and the underlying

18 assumptions;

19 (B) a comparison of the projected interest cost of

20 the bonds or notes proposed to be issued with the

21 actuarial investment return assumption of the Retiree

22 Health Care Trust; and

23 (C) a certification that the net proceeds of the

24 bonds or notes, together with anticipated earnings on

25 contributions and deposits, will be sufficient to

26 adequately fund the actuarial present value of

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1 projected benefits expected to be paid under the

2 Retiree Health Care Trust, or a certification of the

3 increases in contribution levels and decreases in

4 benefit levels that would be required in order to cure

5 any funding shortfall over a period of not more than 10

6 years.

7 (8) The Authority shall submit a financial analysis

8 prepared by an independent advisor. The financial analysis

9 must include a determination that the issuance of bonds is

10 in the best interest of the Retiree Health Care Trust and

11 the Chicago Transit Authority. The independent advisor

12 shall not act as underwriter or receive a legal,

13 consulting, or other fee related to the issuance of any

14 bond or notes issued by the Authority pursuant to Section

15 12c of the Chicago Transit Authority Act ~~Metropolitan~~

16 ~~Transit Authority Act~~ except compensation due for the

17 preparation of the financial analysis.

18 (b) The Auditor General shall examine the information

19 submitted pursuant to Section 3-2.3(a)(1) through (4) and

20 submit a report to the General Assembly, the Legislative Audit

21 Commission, the Governor, the Northern Illinois Transit

22 Authority ~~Regional Transportation Authority~~ and the Authority

23 indicating whether (i) the required certifications by the

24 Authority and the Board of Trustees of the Retirement Plan

25 have been made, and (ii) the actuarial reports have been

26 provided, the reports include all required information, the

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1 assumptions underlying those reports are not unreasonable in

2 the aggregate, and the reports appear to comply with all

3 pertinent professional standards, including those issued by

4 the Actuarial Standards Board. The Auditor General shall

5 submit such report no later than 60 days after receiving the

6 information required to be submitted by the Authority and the

7 Board of Trustees of the Retirement Plan. Any bonds or notes

8 issued by the Authority under item (1) of subsection (b) of

9 Section 12c of the Chicago Transit Authority Act ~~Metropolitan~~

10 ~~Transit Authority Act~~ shall be issued within 120 days after

11 receiving such report from the Auditor General. The Authority

12 may not issue bonds or notes until it receives the report from

13 the Auditor General indicating the above requirements have

14 been met.

15 (c) The Auditor General shall examine the information

16 submitted pursuant to Section 3-2.3(a)(5) through (8) and

17 submit a report to the General Assembly, the Legislative Audit

18 Commission, the Governor, the Northern Illinois Transit

19 Authority ~~Regional Transportation Authority~~ and the Authority

20 indicating whether (i) the required certifications by the

21 Authority and the Board of Trustees of the Retiree Health Care

22 Trust have been made, and (ii) the actuarial reports have been

23 provided, the reports include all required information, the

24 assumptions underlying those reports are not unreasonable in

25 the aggregate, and the reports appear to comply with all

26 pertinent professional standards, including those issued by

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1 the Actuarial Standards Board. The Auditor General shall

2 submit such report no later than 60 days after receiving the

3 information required to be submitted by the Authority and the

4 Board of Trustees of the Retiree Health Care Trust. Any bonds

5 or notes issued by the Authority under item (2) of subsection

6 (b) of Section 12c of the Chicago Transit Authority Act

7 ~~Metropolitan Transit Authority Act~~ shall be issued within 120

8 days after receiving such report from the Auditor General. The

9 Authority may not issue bonds or notes until it receives a

10 report from the Auditor General indicating the above

11 requirements have been met.

12 (d) In fulfilling this duty, after receiving the

13 information submitted pursuant to Section 3-2.3(a), the

14 Auditor General may request additional information and support

15 pertaining to the data and conclusions contained in the

16 submitted documents and the Authority, the Board of Trustees

17 of the Retirement Plan and the Board of Trustees of the Retiree

18 Health Care Trust shall cooperate with the Auditor General and

19 provide additional information as requested in a timely

20 manner. The Auditor General may also request from the Northern

21 Illinois Transit Authority ~~Regional Transportation Authority~~

22 an analysis of the information submitted by the Authority

23 relating to the sources of funds to be utilized for payment of

24 the proposed bonds or notes of the Authority. The Auditor

25 General's report shall not be in the nature of a post-audit or

26 examination and shall not lead to the issuance of an opinion as

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1 that term is defined in generally accepted government auditing

2 standards.

3 (e) Annual Retirement Plan Submission to Auditor General.

4 The Board of Trustees of the Retirement Plan for Chicago

5 Transit Authority Employees established by Section 22-101 of

6 the Illinois Pension Code shall provide the following

7 documents to the Auditor General annually no later than

8 September 30:

9 (1) the most recent audit or examination of the

10 Retirement Plan;

11 (2) an annual statement containing the information

12 specified in Section 1A-109 of the Illinois Pension Code;

13 and

14 (3) a complete actuarial statement applicable to the

15 prior plan year, which may be the annual report of an

16 enrolled actuary retained by the Retirement Plan specified

17 in Section 22-101(e) of the Illinois Pension Code.

18 The Auditor General shall annually examine the information

19 provided pursuant to this subsection and shall submit a report

20 of the analysis thereof to the General Assembly, including the

21 report specified in Section 22-101(e) of the Illinois Pension

22 Code.

23 (f) The Auditor General shall annually examine the

24 information submitted pursuant to Section 22-101B(b)(3)(iii)

25 of the Illinois Pension Code and shall prepare the

26 determination specified in Section 22-101B(b)(3)(iv) of the

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1 Illinois Pension Code.

2 (g) In fulfilling the duties under Sections 3-2.3(e) and

3 (f), the Auditor General may request additional information

4 and support pertaining to the data and conclusions contained

5 in the submitted documents, and the Authority, the Board of

6 Trustees of the Retirement Plan, and the Board of Trustees of

7 the Retiree Health Care Trust shall cooperate with the Auditor

8 General and provide additional information as requested in a

9 timely manner. The Auditor General's review shall not be in

10 the nature of a post-audit or examination and shall not lead to

11 the issuance of an opinion as that term is defined in generally

12 accepted government auditing standards. Upon request of the

13 Auditor General, the Commission on Government Forecasting and

14 Accountability and the Public Pension Division of the

15 Department of Insurance shall cooperate with and assist the

16 Auditor General in the conduct of his review.

17 (h) The Auditor General shall submit a bill to the

18 Authority for costs associated with the examinations and

19 reports specified in subsections (b) and (c) of this Section

20 3-2.3, which the Authority shall reimburse in a timely manner.

21 The costs associated with the examinations and reports which

22 are reimbursed by the Authority shall constitute a cost of

23 issuance of the bonds or notes under Section 12c(b)(1) and (2)

24 of the Chicago Transit Authority Act ~~Metropolitan Transit~~

25 ~~Authority Act~~. The amount received shall be deposited into the

26 fund or funds from which such costs were paid by the Auditor

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1 General. The Auditor General shall submit a bill to the

2 Retirement Plan for Chicago Transit Authority Employees for

3 costs associated with the examinations and reports specified

4 in subsection (e) of this Section, which the Retirement Plan

5 for Chicago Transit Authority Employees shall reimburse in a

6 timely manner. The amount received shall be deposited into the

7 fund or funds from which such costs were paid by the Auditor

8 General. The Auditor General shall submit a bill to the

9 Retiree Health Care Trust for costs associated with the

10 determination specified in subsection (f) of this Section,

11 which the Retiree Health Care Trust shall reimburse in a

12 timely manner. The amount received shall be deposited into the

13 fund or funds from which such costs were paid by the Auditor

14 General.

15 (Source: P.A. 103-605, eff. 7-1-24.)

16 Section 10-45. The Illinois Pension Code is amended by

17 changing Sections 8-230.1, 11-221.1, 18-112, and 22-101 as

18 follows:

19 (40 ILCS 5/8-230.1) (from Ch. 108 1/2, par. 8-230.1)

20 Sec. 8-230.1. Right of employees to contribute for certain

21 other service. Any employee in the service, after having made

22 contributions covering a period of 10 or more years to the

23 annuity and benefit fund herein provided for, may elect to pay

24 for and receive credit for all annuity purposes for service

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1 theretofore rendered by the employee to the Chicago Transit

2 Authority created by the Chicago Transit Authority Act

3 ~~Metropolitan Transit Authority Act~~ or its predecessor public

4 utilities; provided that the last 5 years of service prior to

5 retirement on annuity shall have been as an employee of the

6 City and a contributor to this Fund. Such service credit may be

7 paid for and granted on the same basis and conditions as are

8 applicable in the case of employees who make payment for past

9 service under the provisions of Section 8-230, but on the

10 assumption that the employee's salary throughout all of his or

11 her service with the Authority or its predecessor public

12 utilities was at the rate of the employee's salary at the later

13 of the date of his or her entrance or reentrance into the

14 service as a municipal employee, as applicable. In no event,

15 however, shall such service be credited if the employee has

16 not forfeited and relinquished pension credit for service

17 covering such period under any pension or retirement plan

18 applicable to the Authority or its predecessor public

19 utilities and instituted and maintained by the Authority or

20 its predecessor public utilities for the benefit of its

21 employees.

22 (Source: P.A. 103-455, eff. 1-1-24.)

23 (40 ILCS 5/11-221.1) (from Ch. 108 1/2, par. 11-221.1)

24 Sec. 11-221.1. Right of employees to contribute for

25 certain other service. Any employee in the service, after

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1 having made contributions covering a period of 10 or more

2 years to the annuity and benefit fund herein provided for, may

3 elect to pay for and receive credit for all annuity purposes

4 for service theretofore rendered by the employee to the

5 Chicago Transit Authority created by the Chicago Transit

6 Authority Act ~~Metropolitan Transit Authority Act~~; provided

7 that if the employee has more than 10 years of such service,

8 only the last 10 years of such service shall be credited. Such

9 service credit may be paid for and granted on the same basis

10 and conditions as are applicable in the case of employees who

11 make payment for past service under the provisions of Section

12 11-221, but on the assumption that the employee's salary

13 throughout all of his or her service with the Authority was at

14 the rate of the employee's salary at the date of his or her

15 entrance into the service as an employee. In no event,

16 however, shall such service be credited if the employee has

17 not forfeited and relinquished pension credit for service

18 covering such period under any pension or retirement plan

19 applicable to the Authority and instituted and maintained by

20 the Authority for the benefit of its employees.

21 (Source: P.A. 90-655, eff. 7-30-98.)

22 (40 ILCS 5/18-112) (from Ch. 108 1/2, par. 18-112)

23 Sec. 18-112. Service. "Service": The period beginning on

24 the day a person first became a judge, whether prior or

25 subsequent to the effective date, and ending on the date under

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1 consideration, excluding all intervening periods during which

2 he or she was not a judge following resignation or expiration

3 of any term of election or appointment.

4 Service also includes the following: (a) Any period prior

5 to January 1, 1964 during which a judge served as a justice of

6 the peace, police magistrate or master in chancery, or as a

7 civil referee, commissioner or trial assistant to the chief

8 judge in the Municipal Court of Chicago, or performed judicial

9 duties as an assistant to the judge of the Probate Court of

10 Cook County. A judge shall be entitled to credit for all or as

11 much as the judge may desire of such service, not exceeding 8

12 years, upon payment of the participant's contribution covering

13 such service at the contribution rates in effect on July 1,

14 1969, together with interest at 4% per annum compounded

15 annually, from the dates the service was rendered to the date

16 of payment, provided credit for such service had not been

17 granted in any public pension fund or retirement system in the

18 State. The required contributions shall be based upon the rate

19 of salary in effect for the judge on the date he or she entered

20 the system or on January 1, 1964, whichever is later.

21 (b) Service rendered after January 1, 1964, as a holdover

22 magistrate or master in chancery of the Circuit Court. A judge

23 shall be entitled to credit for any period of such service, not

24 exceeding a total of 8 years, together with the period of

25 service taken into account in paragraph (a). Service credit

26 under this paragraph is subject to the same contribution

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1 requirements and other limitations that are prescribed for

2 service credit under paragraph (a).

3 (c) Any period that a participant served as a member of the

4 General Assembly, subject to the following conditions:

5 (1) He or she has been a participant in this system for at

6 least 4 years and has contributed to the system for service

7 rendered as a member of the General Assembly subsequent to

8 November 1, 1941, at the contribution rates in effect for a

9 judge on the date of becoming a participant, including

10 interest at 3% per annum compounded annually from the date

11 such service was rendered to the date of payment, based on the

12 salary in effect during such period of service; and

13 (2) The participant is not entitled to credit for such

14 service in any other public retirement system in the State.

15 (d) Any period a participant served as a judge or

16 commissioner of the Court of Claims of this State after

17 November 1, 1941, provided he or she contributes to the system

18 at the contribution rates in effect on the date of becoming a

19 participant, based on salary received during such service,

20 including interest at 3% per annum compounded annually from

21 the date such service was rendered to the date of payment.

22 (e) Any period that a participant served as State's

23 Attorney or Public Defender of any county of this State,

24 subject to the following conditions: (1) such service was not

25 credited under any public pension fund or retirement system;

26 (2) the maximum service to be credited in this system shall be

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1 8 years; (3) the participant must have at least 6 years of

2 service as a judge and as a participant of this system; and (4)

3 the participant has made contributions to the system for such

4 service at the contribution rates in effect on the date of

5 becoming a participant in this system based upon the salary of

6 the judge on such date, including interest at 4% per annum

7 compounded annually from such date to the date of payment.

8 A judge who terminated service before January 26, 1988 and

9 whose retirement annuity began after January 1, 1988 may

10 establish credit for service as a Public Defender in

11 accordance with the other provisions of this subsection by

12 making application and paying the required contributions to

13 the Board not later than 30 days after August 23, 1989. In such

14 cases, the Board shall recalculate the retirement annuity,

15 effective on the first day of the next calendar month

16 beginning at least 30 days after the application is received.

17 (f) Any period as a participating policeman, employee or

18 teacher under Article 5, 14 or 16 of this Code, subject to the

19 following conditions: (1) the credits accrued under Article 5,

20 14 or 16 have been transferred to this system; and (2) the

21 participant has contributed to the system an amount equal to

22 (A) contributions at the rate in effect for participants at

23 the date of membership in this system based upon the salary of

24 the judge on such date, (B) the employer's share of the normal

25 cost under this system for each year that credit is being

26 established, based on the salary in effect at the date of

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1 membership in this system, and (C) interest at 6% per annum,

2 compounded annually, from the date of membership to the date

3 of payment; less (D) the amount transferred on behalf of the

4 participant from Article 5, 14 or 16.

5 (g) Any period that a participant served as the

6 Administrative Director of the Circuit Court of Cook County,

7 as Executive Director of the Home Rule Commission, as

8 assistant corporation counsel in the Chicago Law Department,

9 or as an employee of the Cook County Treasurer, subject to the

10 following conditions: (1) the maximum amount of such service

11 which may be credited is 10 years; (2) in order to qualify for

12 such credit in this system, a judge must have at least 6 years

13 of service as a judge and participant of this system; (3) the

14 last 6 years of service credited in this system shall be as a

15 judge and a participant in this system; (4) credits accrued to

16 the participant under any other public pension fund or public

17 retirement system in the State, if any, by reason of the

18 service to be established under this paragraph (g) has been

19 transferred to this system; and (5) the participant has

20 contributed to this system the amount, if any, by which the

21 amount transferred pursuant to subdivision (4) of this

22 paragraph, if any, is less than the amount which the

23 participant would have contributed to the system during the

24 period of time being counted as service under this paragraph

25 had the participant been a judge participating in this system

26 during that time, based on the rate of contribution in effect

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1 and the salary earned by the participant on the date he or she

2 became a participant, with interest accruing on such

3 deficiency at a rate of 5% per annum from the date he or she

4 became a participant through the date on which such deficiency

5 is paid.

6 (h) Any period that a participant served as a full-time

7 attorney employed by the Chicago Transit Authority created by

8 the Chicago Transit Authority Act ~~Metropolitan Transit~~

9 ~~Authority Act~~, subject to the following conditions: (1) any

10 credit received for such service in the pension fund

11 established under Section 22-101 has been terminated; (2) the

12 maximum amount of such service to be credited in this system

13 shall be 10 years; (3) the participant must have at least 6

14 years of service as a judge and as a participant of this

15 system; and (4) the participant has made contributions to the

16 system for such service at the contribution rates in effect on

17 the date of becoming a participant in this system based upon

18 the salary of the judge on such date, including interest at 5%

19 per annum compounded annually from such date to the date of

20 payment.

21 (i) Any period during which a participant received

22 temporary total disability benefit payments, as provided in

23 Section 18-126.1.

24 Service during a fraction of a month shall be considered a

25 month of service, but no more than one month of service shall

26 be credited for all service during any calendar month.

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1 (Source: P.A. 86-272; 86-273; 86-1028; 87-1265.)

2 (40 ILCS 5/22-101) (from Ch. 108 1/2, par. 22-101)

3 Sec. 22-101. Retirement Plan for Chicago Transit Authority

4 Employees.

5 (a) There shall be established and maintained by the

6 Authority created by the Chicago Transit Authority Act

7 ~~"Metropolitan Transit Authority Act ", approved April 12,~~

8 ~~1945, as amended,~~ (referred to in this Section as the

9 ~~"~~Authority, ~~")~~ a financially sound pension and retirement

10 system adequate to provide for all payments when due under

11 such established system or as modified from time to time by

12 ordinance of the Chicago Transit Board or collective

13 bargaining agreement. For this purpose, the Board must make

14 contributions to the established system as required under this

15 Section and may make any additional contributions provided for

16 by Board ordinance or collective bargaining agreement. The

17 participating employees shall make such periodic payments to

18 the established system as required under this Section and may

19 make any additional contributions provided for by Board

20 ordinance or collective bargaining agreement.

21 Provisions shall be made by the Board for all officers,

22 except those who first become members on or after January 1,

23 2012, and employees of the Authority appointed pursuant to the

24 Chicago Transit Authority Act ~~"Metropolitan Transit Authority~~

25 ~~Act"~~ to become, subject to reasonable rules and regulations,

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1 participants of the pension or retirement system with uniform

2 rights, privileges, obligations and status as to the class in

3 which such officers and employees belong. The terms,

4 conditions and provisions of any pension or retirement system

5 or of any amendment or modification thereof affecting

6 employees who are members of any labor organization may be

7 established, amended or modified by agreement with such labor

8 organization, provided the terms, conditions and provisions

9 must be consistent with this Act, the annual funding levels

10 for the retirement system established by law must be met and

11 the benefits paid to future participants in the system may not

12 exceed the benefit ceilings set for future participants under

13 this Act and the contribution levels required by the Authority

14 and its employees may not be less than the contribution levels

15 established under this Act.

16 (b) The Board of Trustees shall consist of 11 members

17 appointed as follows: (i) 5 trustees shall be appointed by the

18 Chicago Transit Board; (ii) 3 trustees shall be appointed by

19 an organization representing the highest number of Chicago

20 Transit Authority participants; (iii) one trustee shall be

21 appointed by an organization representing the second-highest

22 number of Chicago Transit Authority participants; (iv) one

23 trustee shall be appointed by the recognized coalition

24 representatives of participants who are not represented by an

25 organization with the highest or second-highest number of

26 Chicago Transit Authority participants; and (v) one trustee

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1 shall be selected by the Northern Illinois Transit Authority

2 Board ~~Regional Transportation Authority Board of Directors~~,

3 and the trustee shall be a professional fiduciary who has

4 experience in the area of collectively bargained pension

5 plans. Trustees shall serve until a successor has been

6 appointed and qualified, or until resignation, death,

7 incapacity, or disqualification.

8 Any person appointed as a trustee of the board shall

9 qualify by taking an oath of office that he or she will

10 diligently and honestly administer the affairs of the system

11 and will not knowingly violate or willfully permit the

12 violation of any of the provisions of law applicable to the

13 Plan, including Sections 1-109, 1-109.1, 1-109.2, 1-110,

14 1-111, 1-114, and 1-115 of the Illinois Pension Code.

15 Each trustee shall cast individual votes, and a majority

16 vote shall be final and binding upon all interested parties,

17 provided that the Board of Trustees may require a

18 supermajority vote with respect to the investment of the

19 assets of the Retirement Plan, and may set forth that

20 requirement in the Retirement Plan documents, by-laws, or

21 rules of the Board of Trustees. Each trustee shall have the

22 rights, privileges, authority, and obligations as are usual

23 and customary for such fiduciaries.

24 The Board of Trustees may cause amounts on deposit in the

25 Retirement Plan to be invested in those investments that are

26 permitted investments for the investment of moneys held under

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1 any one or more of the pension or retirement systems of the

2 State, any unit of local government or school district, or any

3 agency or instrumentality thereof. The Board, by a vote of at

4 least two-thirds of the trustees, may transfer investment

5 management to the Illinois State Board of Investment, which is

6 hereby authorized to manage these investments when so

7 requested by the Board of Trustees.

8 Notwithstanding any other provision of this Article or any

9 law to the contrary, any person who first becomes a member of

10 the Chicago Transit Board on or after January 1, 2012 shall not

11 be eligible to participate in this Retirement Plan.

12 (c) All individuals who were previously participants in

13 the Retirement Plan for Chicago Transit Authority Employees

14 shall remain participants, and shall receive the same benefits

15 established by the Retirement Plan for Chicago Transit

16 Authority Employees, except as provided in this amendatory Act

17 or by subsequent legislative enactment or amendment to the

18 Retirement Plan. For Authority employees hired on or after the

19 effective date of this amendatory Act of the 95th General

20 Assembly, the Retirement Plan for Chicago Transit Authority

21 Employees shall be the exclusive retirement plan and such

22 employees shall not be eligible for any supplemental plan,

23 except for a deferred compensation plan funded only by

24 employee contributions.

25 For all Authority employees who are first hired on or

26 after the effective date of this amendatory Act of the 95th

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1 General Assembly and are participants in the Retirement Plan

2 for Chicago Transit Authority Employees, the following terms,

3 conditions and provisions with respect to retirement shall be

4 applicable:

5 (1) Such participant shall be eligible for an

6 unreduced retirement allowance for life upon the

7 attainment of age 64 with 25 years of continuous service.

8 (2) Such participant shall be eligible for a reduced

9 retirement allowance for life upon the attainment of age

10 55 with 10 years of continuous service.

11 (3) For the purpose of determining the retirement

12 allowance to be paid to a retiring employee, the term

13 "Continuous Service" as used in the Retirement Plan for

14 Chicago Transit Authority Employees shall also be deemed

15 to include all pension credit for service with any

16 retirement system established under Article 8 or Article

17 11 of this Code, provided that the employee forfeits and

18 relinquishes all pension credit under Article 8 or Article

19 11 of this Code, and the contribution required under this

20 subsection is made by the employee. The Retirement Plan's

21 actuary shall determine the contribution paid by the

22 employee as an amount equal to the normal cost of the

23 benefit accrued, had the service been rendered as an

24 employee, plus interest per annum from the time such

25 service was rendered until the date the payment is made.

26 (d) From the effective date of this amendatory Act through

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1 December 31, 2008, all participating employees shall

2 contribute to the Retirement Plan in an amount not less than 6%

3 of compensation, and the Authority shall contribute to the

4 Retirement Plan in an amount not less than 12% of

5 compensation.

6 (e)(1) Beginning January 1, 2009 the Authority shall make

7 contributions to the Retirement Plan in an amount equal to

8 twelve percent (12%) of compensation and participating

9 employees shall make contributions to the Retirement Plan in

10 an amount equal to six percent (6%) of compensation. These

11 contributions may be paid by the Authority and participating

12 employees on a payroll or other periodic basis, but shall in

13 any case be paid to the Retirement Plan at least monthly.

14 (2) For the period ending December 31, 2040, the amount

15 paid by the Authority in any year with respect to debt service

16 on bonds issued for the purposes of funding a contribution to

17 the Retirement Plan under Section 12c of the Chicago Transit

18 Authority Act ~~Metropolitan Transit Authority Act~~, other than

19 debt service paid with the proceeds of bonds or notes issued by

20 the Authority for any year after calendar year 2008, shall be

21 treated as a credit against the amount of required

22 contribution to the Retirement Plan by the Authority under

23 subsection (e)(1) for the following year up to an amount not to

24 exceed 6% of compensation paid by the Authority in that

25 following year.

26 (3) By September 15 of each year beginning in 2009 and

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1 ending on December 31, 2039, on the basis of a report prepared

2 by an enrolled actuary retained by the Plan, the Board of

3 Trustees of the Retirement Plan shall determine the estimated

4 funded ratio of the total assets of the Retirement Plan to its

5 total actuarially determined liabilities. A report containing

6 that determination and the actuarial assumptions on which it

7 is based shall be filed with the Authority, the

8 representatives of its participating employees, the Auditor

9 General of the State of Illinois, and the Northern Illinois

10 Transit Authority ~~Regional Transportation Authority~~. If the

11 funded ratio is projected to decline below 60% in any year

12 before 2040, the Board of Trustees shall also determine the

13 increased contribution required each year as a level

14 percentage of payroll over the years remaining until 2040

15 using the projected unit credit actuarial cost method so the

16 funded ratio does not decline below 60% and include that

17 determination in its report. If the actual funded ratio

18 declines below 60% in any year prior to 2040, the Board of

19 Trustees shall also determine the increased contribution

20 required each year as a level percentage of payroll during the

21 years after the then current year using the projected unit

22 credit actuarial cost method so the funded ratio is projected

23 to reach at least 60% no later than 10 years after the then

24 current year and include that determination in its report.

25 Within 60 days after receiving the report, the Auditor General

26 shall review the determination and the assumptions on which it

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1 is based, and if he finds that the determination and the

2 assumptions on which it is based are unreasonable in the

3 aggregate, he shall issue a new determination of the funded

4 ratio, the assumptions on which it is based and the increased

5 contribution required each year as a level percentage of

6 payroll over the years remaining until 2040 using the

7 projected unit credit actuarial cost method so the funded

8 ratio does not decline below 60%, or, in the event of an actual

9 decline below 60%, so the funded ratio is projected to reach

10 60% by no later than 10 years after the then current year. If

11 the Board of Trustees or the Auditor General determine that an

12 increased contribution is required to meet the funded ratio

13 required by the subsection, effective January 1 following the

14 determination or 30 days after such determination, whichever

15 is later, one-third of the increased contribution shall be

16 paid by participating employees and two-thirds by the

17 Authority, in addition to the contributions required by this

18 subsection (1).

19 (4) For the period beginning 2040, the minimum

20 contribution to the Retirement Plan for each fiscal year shall

21 be an amount determined by the Board of Trustees of the

22 Retirement Plan to be sufficient to bring the total assets of

23 the Retirement Plan up to 90% of its total actuarial

24 liabilities by the end of 2059. Participating employees shall

25 be responsible for one-third of the required contribution and

26 the Authority shall be responsible for two-thirds of the

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1 required contribution. In making these determinations, the

2 Board of Trustees shall calculate the required contribution

3 each year as a level percentage of payroll over the years

4 remaining to and including fiscal year 2059 using the

5 projected unit credit actuarial cost method. A report

6 containing that determination and the actuarial assumptions on

7 which it is based shall be filed by September 15 of each year

8 with the Authority, the representatives of its participating

9 employees, the Auditor General of the State of Illinois and

10 the Northern Illinois Transit Authority ~~Regional~~

11 ~~Transportation Authority~~. If the funded ratio is projected to

12 fail to reach 90% by December 31, 2059, the Board of Trustees

13 shall also determine the increased contribution required each

14 year as a level percentage of payroll over the years remaining

15 until December 31, 2059 using the projected unit credit

16 actuarial cost method so the funded ratio will meet 90% by

17 December 31, 2059 and include that determination in its

18 report. Within 60 days after receiving the report, the Auditor

19 General shall review the determination and the assumptions on

20 which it is based and if he finds that the determination and

21 the assumptions on which it is based are unreasonable in the

22 aggregate, he shall issue a new determination of the funded

23 ratio, the assumptions on which it is based and the increased

24 contribution required each year as a level percentage of

25 payroll over the years remaining until December 31, 2059 using

26 the projected unit credit actuarial cost method so the funded

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1 ratio reaches no less than 90% by December 31, 2059. If the

2 Board of Trustees or the Auditor General determine that an

3 increased contribution is required to meet the funded ratio

4 required by this subsection, effective January 1 following the

5 determination or 30 days after such determination, whichever

6 is later, one-third of the increased contribution shall be

7 paid by participating employees and two-thirds by the

8 Authority, in addition to the contributions required by

9 subsection (e)(1).

10 (5) Beginning in 2060, the minimum contribution for each

11 year shall be the amount needed to maintain the total assets of

12 the Retirement Plan at 90% of the total actuarial liabilities

13 of the Plan, and the contribution shall be funded two-thirds

14 by the Authority and one-third by the participating employees

15 in accordance with this subsection.

16 (f) The Authority shall take the steps necessary to comply

17 with Section 414(h)(2) of the Internal Revenue Code of 1986,

18 as amended, to permit the pick-up of employee contributions

19 under subsections (d) and (e) on a tax-deferred basis.

20 (g) The Board of Trustees shall certify to the Governor,

21 the General Assembly, the Auditor General, the Board of the

22 Northern Illinois Transit Authority ~~Regional Transportation~~

23 ~~Authority~~, and the Authority at least 90 days prior to the end

24 of each fiscal year the amount of the required contributions

25 to the retirement system for the next retirement system fiscal

26 year under this Section. The certification shall include a

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1 copy of the actuarial recommendations upon which it is based.

2 In addition, copies of the certification shall be sent to the

3 Commission on Government Forecasting and Accountability and

4 the Mayor of Chicago.

5 (h)(1) As to an employee who first becomes entitled to a

6 retirement allowance commencing on or after November 30, 1989,

7 the retirement allowance shall be the amount determined in

8 accordance with the following formula:

9 (A) One percent (1%) of his "Average Annual

10 Compensation in the highest four (4) completed Plan Years"

11 for each full year of continuous service from the date of

12 original employment to the effective date of the Plan;

13 plus

14 (B) One and seventy-five hundredths percent (1.75%) of

15 his "Average Annual Compensation in the highest four (4)

16 completed Plan Years" for each year (including fractions

17 thereof to completed calendar months) of continuous

18 service as provided for in the Retirement Plan for Chicago

19 Transit Authority Employees.

20 Provided, however that:

21 (2) As to an employee who first becomes entitled to a

22 retirement allowance commencing on or after January 1, 1993,

23 the retirement allowance shall be the amount determined in

24 accordance with the following formula:

25 (A) One percent (1%) of his "Average Annual

26 Compensation in the highest four (4) completed Plan Years"

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1 for each full year of continuous service from the date of

2 original employment to the effective date of the Plan;

3 plus

4 (B) One and eighty hundredths percent (1.80%) of his

5 "Average Annual Compensation in the highest four (4)

6 completed Plan Years" for each year (including fractions

7 thereof to completed calendar months) of continuous

8 service as provided for in the Retirement Plan for Chicago

9 Transit Authority Employees.

10 Provided, however that:

11 (3) As to an employee who first becomes entitled to a

12 retirement allowance commencing on or after January 1, 1994,

13 the retirement allowance shall be the amount determined in

14 accordance with the following formula:

15 (A) One percent (1%) of his "Average Annual

16 Compensation in the highest four (4) completed Plan Years"

17 for each full year of continuous service from the date of

18 original employment to the effective date of the Plan;

19 plus

20 (B) One and eighty-five hundredths percent (1.85%) of

21 his "Average Annual Compensation in the highest four (4)

22 completed Plan Years" for each year (including fractions

23 thereof to completed calendar months) of continuous

24 service as provided for in the Retirement Plan for Chicago

25 Transit Authority Employees.

26 Provided, however that:

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1 (4) As to an employee who first becomes entitled to a

2 retirement allowance commencing on or after January 1, 2000,

3 the retirement allowance shall be the amount determined in

4 accordance with the following formula:

5 (A) One percent (1%) of his "Average Annual

6 Compensation in the highest four (4) completed Plan Years"

7 for each full year of continuous service from the date of

8 original employment to the effective date of the Plan;

9 plus

10 (B) Two percent (2%) of his "Average Annual

11 Compensation in the highest four (4) completed Plan Years"

12 for each year (including fractions thereof to completed

13 calendar months) of continuous service as provided for in

14 the Retirement Plan for Chicago Transit Authority

15 Employees.

16 Provided, however that:

17 (5) As to an employee who first becomes entitled to a

18 retirement allowance commencing on or after January 1, 2001,

19 the retirement allowance shall be the amount determined in

20 accordance with the following formula:

21 (A) One percent (1%) of his "Average Annual

22 Compensation in the highest four (4) completed Plan Years"

23 for each full year of continuous service from the date of

24 original employment to the effective date of the Plan;

25 plus

26 (B) Two and fifteen hundredths percent (2.15%) of his

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1 "Average Annual Compensation in the highest four (4)

2 completed Plan Years" for each year (including fractions

3 thereof to completed calendar months) of continuous

4 service as provided for in the Retirement Plan for Chicago

5 Transit Authority Employees.

6 The changes made by this amendatory Act of the 95th

7 General Assembly, to the extent that they affect the rights or

8 privileges of Authority employees that are currently the

9 subject of collective bargaining, have been agreed to between

10 the authorized representatives of these employees and of the

11 Authority prior to enactment of this amendatory Act, as

12 evidenced by a Memorandum of Understanding between these

13 representatives that will be filed with the Secretary of State

14 Index Department and designated as "95-GA-C05". The General

15 Assembly finds and declares that those changes are consistent

16 with 49 U.S.C. 5333(b) (also known as Section 13(c) of the

17 Federal Transit Act) because of this agreement between

18 authorized representatives of these employees and of the

19 Authority, and that any future amendments to the provisions of

20 this amendatory Act of the 95th General Assembly, to the

21 extent those amendments would affect the rights and privileges

22 of Authority employees that are currently the subject of

23 collective bargaining, would be consistent with 49 U.S.C.

24 5333(b) if and only if those amendments were agreed to between

25 these authorized representatives prior to enactment.

26 (i) Early retirement incentive plan; funded ratio.

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1 (1) Beginning on the effective date of this Section,

2 no early retirement incentive shall be offered to

3 participants of the Plan unless the Funded Ratio of the

4 Plan is at least 80% or more.

5 (2) For the purposes of this Section, the Funded Ratio

6 shall be the Adjusted Assets divided by the Actuarial

7 Accrued Liability developed in accordance with Statement

8 #25 promulgated by the Government Accounting Standards

9 Board and the actuarial assumptions described in the Plan.

10 The Adjusted Assets shall be calculated based on the

11 methodology described in the Plan.

12 (j) Nothing in this amendatory Act of the 95th General

13 Assembly shall impair the rights or privileges of Authority

14 employees under any other law.

15 (k) Any individual who, on or after August 19, 2011 (the

16 effective date of Public Act 97-442), first becomes a

17 participant of the Retirement Plan shall not be paid any of the

18 benefits provided under this Code if he or she is convicted of

19 a felony relating to, arising out of, or in connection with his

20 or her service as a participant.

21 This subsection (k) shall not operate to impair any

22 contract or vested right acquired before August 19, 2011 (the

23 effective date of Public Act 97-442) under any law or laws

24 continued in this Code, and it shall not preclude the right to

25 refund.

26 (Source: P.A. 97-442, eff. 8-19-11; 97-609, eff. 1-1-12;

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1 97-813, eff. 7-13-12.)

2 Section 10-50. The Illinois Municipal Code is amended by

3 changing Section 11-1-1 as follows:

4 (65 ILCS 5/11-1-1) (from Ch. 24, par. 11-1-1)

5 Sec. 11-1-1. The corporate authorities of each

6 municipality may pass and enforce all necessary police

7 ordinances.

8 (Source: Laws 1961, p. 576.)

9 Section 10-60. The Telecommunication Devices for the Deaf

10 Act is amended by changing Section 2 as follows:

11 (410 ILCS 55/2) (from Ch. 111 1/2, par. 4202)

12 Sec. 2. As used in this Act, unless the context otherwise

13 requires:

14 (a) "Telecommunication device for the deaf" means a

15 teletypewriter or other instrument for telecommunication in

16 which speaking or hearing is not required for communication.

17 (b) "Public Safety Agency" means any unit of local

18 government or special purpose district within the State which

19 has authority to provide firefighting, police, or other

20 emergency services.

21 (c) "Department" means the Department of Human Services.

22 (d) "Major public transportation site" means any airport

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1 or railroad station in the State providing commercial rail or

2 airline service to the general public, that serves and is

3 located within 20 miles of a municipality with a population of

4 25,000 or more, except for any facility under the jurisdiction

5 of the Commuter Rail Division created by the Northern Illinois

6 Transit ~~Regional Transportation~~ Authority Act or the Chicago

7 Transit Authority created by the Chicago Transit Authority Act

8 ~~Metropolitan Transit Authority Act~~.

9 (e) "General traveling public" are individuals making use

10 of the commercial rail and airline services which are provided

11 at major public transportation sites.

12 (Source: P.A. 89-507, eff. 7-1-97.)

13 Section 10-65. The Illinois Highway Code is amended by

14 changing Sections 5-701.8 and 7-202.14 as follows:

15 (605 ILCS 5/5-701.8) (from Ch. 121, par. 5-701.8)

16 Sec. 5-701.8. Any county board may also turn over a

17 portion of the motor fuel tax funds allotted to it to: (a) a

18 local Mass Transit District if the county created such

19 District pursuant to the "Local Mass Transit District Act",

20 approved July 21, 1959, as now or hereafter amended;

21 (b) a local Transit Commission if such commission is

22 created pursuant to Section 14-101 of The Public Utilities

23 Act; or

24 (c) the Chicago Transit Authority established pursuant to

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1 the Chicago Transit Authority Act ~~"~~Metropolitan Transit

2 Authority Act ~~", approved April 12, 1945, as now or hereafter~~

3 ~~amended~~.

4 (Source: P.A. 85-1209.)

5 (605 ILCS 5/7-202.14) (from Ch. 121, par. 7-202.14)

6 Sec. 7-202.14. Any municipality may by ordinance of the

7 corporate authorities turn over a portion of its allotment to:

8 (a) a local Mass Transit District if the municipality

9 created such a District pursuant to the "Local Mass Transit

10 District Act", approved July 21, 1959, as now or hereafter

11 amended;

12 (b) a local Transit Commission if the municipality

13 established such commission pursuant to Section 14-101 of The

14 Public Utilities Act; or

15 (c) the Chicago Transit Authority established pursuant to

16 the Chicago Transit Authority Act ~~"Metropolitan Transit~~

17 ~~Authority Act ", approved April 12, 1945, as now or hereafter~~

18 ~~amended~~.

19 (Source: P.A. 85-1209.)

20 Section 10-70. The Criminal Code of 2012 is amended by

21 changing Section 21-5 as follows:

22 (720 ILCS 5/21-5) (from Ch. 38, par. 21-5)

23 Sec. 21-5. Criminal trespass to State supported land.

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1 (a) A person commits criminal trespass to State supported

2 land when he or she enters upon land supported in whole or in

3 part with State funds, or federal funds administered or

4 granted through State agencies or any building on the land,

5 after receiving, prior to the entry, notice from the State or

6 its representative that the entry is forbidden, or remains

7 upon the land or in the building after receiving notice from

8 the State or its representative to depart, and who thereby

9 interferes with another person's lawful use or enjoyment of

10 the building or land.

11 A person has received notice from the State within the

12 meaning of this subsection if he or she has been notified

13 personally, either orally or in writing, or if a printed or

14 written notice forbidding entry to him or her or a group of

15 which he or she is a part, has been conspicuously posted or

16 exhibited at the main entrance to the land or the forbidden

17 part thereof.

18 (a-5) A person commits criminal trespass to State

19 supported land when he or she enters upon a right-of-way ~~right~~

20 ~~of way~~, including facilities and improvements thereon, owned,

21 leased, or otherwise used by a public body or district

22 organized under the Chicago Transit Authority Act ~~Metropolitan~~

23 ~~Transit Authority Act~~, the Local Mass Transit District Act, or

24 the Northern Illinois Transit ~~Regional Transportation~~

25 Authority Act, after receiving, prior to the entry, notice

26 from the public body or district, or its representative, that

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1 the entry is forbidden, or the person remains upon the

2 right-of-way ~~right of way~~ after receiving notice from the

3 public body or district, or its representative, to depart, and

4 in either of these instances intends to compromise public

5 safety by causing a delay in transit service lasting more than

6 15 minutes or destroying property.

7 A person has received notice from the public body or

8 district within the meaning of this subsection if he or she has

9 been notified personally, either orally or in writing, or if a

10 printed or written notice forbidding entry to him or her has

11 been conspicuously posted or exhibited at any point of

12 entrance to the right-of-way ~~right of way~~ or the forbidden

13 part of the right-of-way ~~right of way~~.

14 As used in this subsection (a-5), "right-of-way ~~right of~~

15 ~~way~~" has the meaning ascribed to it in Section 18c-7502 of the

16 Illinois Vehicle Code.

17 (b) A person commits criminal trespass to State supported

18 land when he or she enters upon land supported in whole or in

19 part with State funds, or federal funds administered or

20 granted through State agencies or any building on the land by

21 presenting false documents or falsely representing his or her

22 identity orally to the State or its representative in order to

23 obtain permission from the State or its representative to

24 enter the building or land; or remains upon the land or in the

25 building by presenting false documents or falsely representing

26 his or her identity orally to the State or its representative

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1 in order to remain upon the land or in the building, and who

2 thereby interferes with another person's lawful use or

3 enjoyment of the building or land.

4 This subsection does not apply to a peace officer or other

5 official of a unit of government who enters upon land

6 supported in whole or in part with State funds, or federal

7 funds administered or granted through State agencies or any

8 building on the land in the performance of his or her official

9 duties.

10 (c) Sentence. Criminal trespass to State supported land is

11 a Class A misdemeanor, except a violation of subsection (a-5)

12 of this Section is a Class A misdemeanor for a first violation

13 and a Class 4 felony for a second or subsequent violation.

14 (Source: P.A. 97-1108, eff. 1-1-13; 98-748, eff. 1-1-15.)

15 Section 10-75. The Eminent Domain Act is amended by

16 changing Section 15-5-15 as follows:

17 (735 ILCS 30/15-5-15)

18 Sec. 15-5-15. Eminent domain powers in ILCS Chapters 70

19 through 75. The following provisions of law may include

20 express grants of the power to acquire property by

21 condemnation or eminent domain:

22 (70 ILCS 5/8.02 and 5/9); Airport Authorities Act; airport

23 authorities; for public airport facilities.

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1 (70 ILCS 5/8.05 and 5/9); Airport Authorities Act; airport

2 authorities; for removal of airport hazards.

3 (70 ILCS 5/8.06 and 5/9); Airport Authorities Act; airport

4 authorities; for reduction of the height of objects or

5 structures.

6 (70 ILCS 10/4); Interstate Airport Authorities Act; interstate

7 airport authorities; for general purposes.

8 (70 ILCS 15/3); Kankakee River Valley Area Airport Authority

9 Act; Kankakee River Valley Area Airport Authority; for

10 acquisition of land for airports.

11 (70 ILCS 200/2-20); Civic Center Code; civic center

12 authorities; for grounds, centers, buildings, and parking.

13 (70 ILCS 200/5-35); Civic Center Code; Aledo Civic Center

14 Authority; for grounds, centers, buildings, and parking.

15 (70 ILCS 200/10-15); Civic Center Code; Aurora Metropolitan

16 Exposition, Auditorium and Office Building Authority; for

17 grounds, centers, buildings, and parking.

18 (70 ILCS 200/15-40); Civic Center Code; Benton Civic Center

19 Authority; for grounds, centers, buildings, and parking.

20 (70 ILCS 200/20-15); Civic Center Code; Bloomington Civic

21 Center Authority; for grounds, centers, buildings, and

22 parking.

23 (70 ILCS 200/35-35); Civic Center Code; Brownstown Park

24 District Civic Center Authority; for grounds, centers,

25 buildings, and parking.

26 (70 ILCS 200/40-35); Civic Center Code; Carbondale Civic

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1 Center Authority; for grounds, centers, buildings, and

2 parking.

3 (70 ILCS 200/55-60); Civic Center Code; Chicago South Civic

4 Center Authority; for grounds, centers, buildings, and

5 parking.

6 (70 ILCS 200/60-30); Civic Center Code; Collinsville

7 Metropolitan Exposition, Auditorium and Office Building

8 Authority; for grounds, centers, buildings, and parking.

9 (70 ILCS 200/70-35); Civic Center Code; Crystal Lake Civic

10 Center Authority; for grounds, centers, buildings, and

11 parking.

12 (70 ILCS 200/75-20); Civic Center Code; Decatur Metropolitan

13 Exposition, Auditorium and Office Building Authority; for

14 grounds, centers, buildings, and parking.

15 (70 ILCS 200/80-15); Civic Center Code; DuPage County

16 Metropolitan Exposition, Auditorium and Office Building

17 Authority; for grounds, centers, buildings, and parking.

18 (70 ILCS 200/85-35); Civic Center Code; Elgin Metropolitan

19 Exposition, Auditorium and Office Building Authority; for

20 grounds, centers, buildings, and parking.

21 (70 ILCS 200/95-25); Civic Center Code; Herrin Metropolitan

22 Exposition, Auditorium and Office Building Authority; for

23 grounds, centers, buildings, and parking.

24 (70 ILCS 200/110-35); Civic Center Code; Illinois Valley Civic

25 Center Authority; for grounds, centers, buildings, and

26 parking.

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1 (70 ILCS 200/115-35); Civic Center Code; Jasper County Civic

2 Center Authority; for grounds, centers, buildings, and

3 parking.

4 (70 ILCS 200/120-25); Civic Center Code; Jefferson County

5 Metropolitan Exposition, Auditorium and Office Building

6 Authority; for grounds, centers, buildings, and parking.

7 (70 ILCS 200/125-15); Civic Center Code; Jo Daviess County

8 Civic Center Authority; for grounds, centers, buildings,

9 and parking.

10 (70 ILCS 200/130-30); Civic Center Code; Katherine Dunham

11 Metropolitan Exposition, Auditorium and Office Building

12 Authority; for grounds, centers, buildings, and parking.

13 (70 ILCS 200/145-35); Civic Center Code; Marengo Civic Center

14 Authority; for grounds, centers, buildings, and parking.

15 (70 ILCS 200/150-35); Civic Center Code; Mason County Civic

16 Center Authority; for grounds, centers, buildings, and

17 parking.

18 (70 ILCS 200/155-15); Civic Center Code; Matteson Metropolitan

19 Civic Center Authority; for grounds, centers, buildings,

20 and parking.

21 (70 ILCS 200/160-35); Civic Center Code; Maywood Civic Center

22 Authority; for grounds, centers, buildings, and parking.

23 (70 ILCS 200/165-35); Civic Center Code; Melrose Park

24 Metropolitan Exposition Auditorium and Office Building

25 Authority; for grounds, centers, buildings, and parking.

26 (70 ILCS 200/170-20); Civic Center Code; certain Metropolitan

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1 Exposition, Auditorium and Office Building Authorities;

2 for general purposes.

3 (70 ILCS 200/180-35); Civic Center Code; Normal Civic Center

4 Authority; for grounds, centers, buildings, and parking.

5 (70 ILCS 200/185-15); Civic Center Code; Oak Park Civic Center

6 Authority; for grounds, centers, buildings, and parking.

7 (70 ILCS 200/195-35); Civic Center Code; Ottawa Civic Center

8 Authority; for grounds, centers, buildings, and parking.

9 (70 ILCS 200/200-15); Civic Center Code; Pekin Civic Center

10 Authority; for grounds, centers, buildings, and parking.

11 (70 ILCS 200/205-15); Civic Center Code; Peoria Civic Center

12 Authority; for grounds, centers, buildings, and parking.

13 (70 ILCS 200/210-35); Civic Center Code; Pontiac Civic Center

14 Authority; for grounds, centers, buildings, and parking.

15 (70 ILCS 200/215-15); Civic Center Code; Illinois Quad City

16 Civic Center Authority; for grounds, centers, buildings,

17 and parking.

18 (70 ILCS 200/220-30); Civic Center Code; Quincy Metropolitan

19 Exposition, Auditorium and Office Building Authority; for

20 grounds, centers, buildings, and parking.

21 (70 ILCS 200/225-35); Civic Center Code; Randolph County Civic

22 Center Authority; for grounds, centers, buildings, and

23 parking.

24 (70 ILCS 200/230-35); Civic Center Code; River Forest

25 Metropolitan Exposition, Auditorium and Office Building

26 Authority; for grounds, centers, buildings, and parking.

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1 (70 ILCS 200/235-40); Civic Center Code; Riverside Civic

2 Center Authority; for grounds, centers, buildings, and

3 parking.

4 (70 ILCS 200/245-35); Civic Center Code; Salem Civic Center

5 Authority; for grounds, centers, buildings, and parking.

6 (70 ILCS 200/255-20); Civic Center Code; Springfield

7 Metropolitan Exposition and Auditorium Authority; for

8 grounds, centers, and parking.

9 (70 ILCS 200/260-35); Civic Center Code; Sterling Metropolitan

10 Exposition, Auditorium and Office Building Authority; for

11 grounds, centers, buildings, and parking.

12 (70 ILCS 200/265-20); Civic Center Code; Vermilion County

13 Metropolitan Exposition, Auditorium and Office Building

14 Authority; for grounds, centers, buildings, and parking.

15 (70 ILCS 200/270-35); Civic Center Code; Waukegan Civic Center

16 Authority; for grounds, centers, buildings, and parking.

17 (70 ILCS 200/275-35); Civic Center Code; West Frankfort Civic

18 Center Authority; for grounds, centers, buildings, and

19 parking.

20 (70 ILCS 200/280-20); Civic Center Code; Will County

21 Metropolitan Exposition and Auditorium Authority; for

22 grounds, centers, and parking.

23 (70 ILCS 210/5); Metropolitan Pier and Exposition Authority

24 Act; Metropolitan Pier and Exposition Authority; for

25 general purposes, including quick-take power.

26 (70 ILCS 405/22.04); Soil and Water Conservation Districts

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1 Act; soil and water conservation districts; for general

2 purposes.

3 (70 ILCS 410/10 and 410/12); Conservation District Act;

4 conservation districts; for open space, wildland, scenic

5 roadway, pathway, outdoor recreation, or other

6 conservation benefits.

7 (70 ILCS 503/25); Chanute-Rantoul National Aviation Center

8 Redevelopment Commission Act; Chanute-Rantoul National

9 Aviation Center Redevelopment Commission; for general

10 purposes.

11 (70 ILCS 507/15); Fort Sheridan Redevelopment Commission Act;

12 Fort Sheridan Redevelopment Commission; for general

13 purposes or to carry out comprehensive or redevelopment

14 plans.

15 (70 ILCS 520/8); Southwestern Illinois Development Authority

16 Act; Southwestern Illinois Development Authority; for

17 general purposes, including quick-take power.

18 (70 ILCS 605/4-17 and 605/5-7); Illinois Drainage Code;

19 drainage districts; for general purposes.

20 (70 ILCS 615/5 and 615/6); Chicago Drainage District Act;

21 corporate authorities; for construction and maintenance of

22 works.

23 (70 ILCS 705/10); Fire Protection District Act; fire

24 protection districts; for general purposes.

25 (70 ILCS 750/20); Flood Prevention District Act; flood

26 prevention districts; for general purposes.

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1 (70 ILCS 805/6); Downstate Forest Preserve District Act;

2 certain forest preserve districts; for general purposes.

3 (70 ILCS 805/18.8); Downstate Forest Preserve District Act;

4 certain forest preserve districts; for recreational and

5 cultural facilities.

6 (70 ILCS 810/8); Cook County Forest Preserve District Act;

7 Forest Preserve District of Cook County; for general

8 purposes.

9 (70 ILCS 810/38); Cook County Forest Preserve District Act;

10 Forest Preserve District of Cook County; for recreational

11 facilities.

12 (70 ILCS 910/15 and 910/16); Hospital District Law; hospital

13 districts; for hospitals or hospital facilities.

14 (70 ILCS 915/3); Illinois Medical District Act; Illinois

15 Medical District Commission; for general purposes.

16 (70 ILCS 915/4.5); Illinois Medical District Act; Illinois

17 Medical District Commission; quick-take power for the

18 Illinois State Police Forensic Science Laboratory

19 (obsolete).

20 (70 ILCS 920/5); Tuberculosis Sanitarium District Act;

21 tuberculosis sanitarium districts; for tuberculosis

22 sanitariums.

23 (70 ILCS 925/20); Mid-Illinois Medical District Act;

24 Mid-Illinois Medical District; for general purposes.

25 (70 ILCS 930/20); Mid-America Medical District Act;

26 Mid-America Medical District Commission; for general

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1 purposes.

2 (70 ILCS 935/20); Roseland Community Medical District Act;

3 medical district; for general purposes.

4 (70 ILCS 1005/7); Mosquito Abatement District Act; mosquito

5 abatement districts; for general purposes.

6 (70 ILCS 1105/8); Museum District Act; museum districts; for

7 general purposes.

8 (70 ILCS 1205/7-1); Park District Code; park districts; for

9 streets and other purposes.

10 (70 ILCS 1205/8-1); Park District Code; park districts; for

11 parks.

12 (70 ILCS 1205/9-2 and 1205/9-4); Park District Code; park

13 districts; for airports and landing fields.

14 (70 ILCS 1205/11-2 and 1205/11-3); Park District Code; park

15 districts; for State land abutting public water and

16 certain access rights.

17 (70 ILCS 1205/11.1-3); Park District Code; park districts; for

18 harbors.

19 (70 ILCS 1225/2); Park Commissioners Land Condemnation Act;

20 park districts; for street widening.

21 (70 ILCS 1230/1 and 1230/1-a); Park Commissioners Water

22 Control Act; park districts; for parks, boulevards,

23 driveways, parkways, viaducts, bridges, or tunnels.

24 (70 ILCS 1250/2); Park Commissioners Street Control (1889)

25 Act; park districts; for boulevards or driveways.

26 (70 ILCS 1290/1); Park District Aquarium and Museum Act;

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1 municipalities or park districts; for aquariums or

2 museums.

3 (70 ILCS 1305/2); Park District Airport Zoning Act; park

4 districts; for restriction of the height of structures.

5 (70 ILCS 1310/5); Park District Elevated Highway Act; park

6 districts; for elevated highways.

7 (70 ILCS 1505/15); Chicago Park District Act; Chicago Park

8 District; for parks and other purposes.

9 (70 ILCS 1505/25.1); Chicago Park District Act; Chicago Park

10 District; for parking lots or garages.

11 (70 ILCS 1505/26.3); Chicago Park District Act; Chicago Park

12 District; for harbors.

13 (70 ILCS 1570/5); Lincoln Park Commissioners Land Condemnation

14 Act; Lincoln Park Commissioners; for land and interests in

15 land, including riparian rights.

16 (70 ILCS 1801/30); Alexander-Cairo Port District Act;

17 Alexander-Cairo Port District; for general purposes.

18 (70 ILCS 1805/8); Havana Regional Port District Act; Havana

19 Regional Port District; for general purposes.

20 (70 ILCS 1810/7); Illinois International Port District Act;

21 Illinois International Port District; for general

22 purposes.

23 (70 ILCS 1815/13); Illinois Valley Regional Port District Act;

24 Illinois Valley Regional Port District; for general

25 purposes.

26 (70 ILCS 1820/4); Jackson-Union Counties Regional Port

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1 District Act; Jackson-Union Counties Regional Port

2 District; for removal of airport hazards or reduction of

3 the height of objects or structures.

4 (70 ILCS 1820/5); Jackson-Union Counties Regional Port

5 District Act; Jackson-Union Counties Regional Port

6 District; for general purposes.

7 (70 ILCS 1825/4.9); Joliet Regional Port District Act; Joliet

8 Regional Port District; for removal of airport hazards.

9 (70 ILCS 1825/4.10); Joliet Regional Port District Act; Joliet

10 Regional Port District; for reduction of the height of

11 objects or structures.

12 (70 ILCS 1825/4.18); Joliet Regional Port District Act; Joliet

13 Regional Port District; for removal of hazards from ports

14 and terminals.

15 (70 ILCS 1825/5); Joliet Regional Port District Act; Joliet

16 Regional Port District; for general purposes.

17 (70 ILCS 1830/7.1); Kaskaskia Regional Port District Act;

18 Kaskaskia Regional Port District; for removal of hazards

19 from ports and terminals.

20 (70 ILCS 1830/14); Kaskaskia Regional Port District Act;

21 Kaskaskia Regional Port District; for general purposes.

22 (70 ILCS 1831/30); Massac-Metropolis Port District Act;

23 Massac-Metropolis Port District; for general purposes.

24 (70 ILCS 1835/5.10); Mt. Carmel Regional Port District Act;

25 Mt. Carmel Regional Port District; for removal of airport

26 hazards.

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1 (70 ILCS 1835/5.11); Mt. Carmel Regional Port District Act;

2 Mt. Carmel Regional Port District; for reduction of the

3 height of objects or structures.

4 (70 ILCS 1835/6); Mt. Carmel Regional Port District Act; Mt.

5 Carmel Regional Port District; for general purposes.

6 (70 ILCS 1837/30); Ottawa Port District Act; Ottawa Port

7 District; for general purposes.

8 (70 ILCS 1845/4.9); Seneca Regional Port District Act; Seneca

9 Regional Port District; for removal of airport hazards.

10 (70 ILCS 1845/4.10); Seneca Regional Port District Act; Seneca

11 Regional Port District; for reduction of the height of

12 objects or structures.

13 (70 ILCS 1845/5); Seneca Regional Port District Act; Seneca

14 Regional Port District; for general purposes.

15 (70 ILCS 1850/4); Shawneetown Regional Port District Act;

16 Shawneetown Regional Port District; for removal of airport

17 hazards or reduction of the height of objects or

18 structures.

19 (70 ILCS 1850/5); Shawneetown Regional Port District Act;

20 Shawneetown Regional Port District; for general purposes.

21 (70 ILCS 1855/4); Southwest Regional Port District Act;

22 Southwest Regional Port District; for removal of airport

23 hazards or reduction of the height of objects or

24 structures.

25 (70 ILCS 1855/5); Southwest Regional Port District Act;

26 Southwest Regional Port District; for general purposes.

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1 (70 ILCS 1860/4); Tri-City Regional Port District Act;

2 Tri-City Regional Port District; for removal of airport

3 hazards.

4 (70 ILCS 1860/5); Tri-City Regional Port District Act;

5 Tri-City Regional Port District; for the development of

6 facilities.

7 (70 ILCS 1863/11); Upper Mississippi River International Port

8 District Act; Upper Mississippi River International Port

9 District; for general purposes.

10 (70 ILCS 1865/4.9); Waukegan Port District Act; Waukegan Port

11 District; for removal of airport hazards.

12 (70 ILCS 1865/4.10); Waukegan Port District Act; Waukegan Port

13 District; for restricting the height of objects or

14 structures.

15 (70 ILCS 1865/5); Waukegan Port District Act; Waukegan Port

16 District; for the development of facilities.

17 (70 ILCS 1870/8); White County Port District Act; White County

18 Port District; for the development of facilities.

19 (70 ILCS 1905/16); Railroad Terminal Authority Act; Railroad

20 Terminal Authority (Chicago); for general purposes.

21 (70 ILCS 1915/25); Grand Avenue Railroad Relocation Authority

22 Act; Grand Avenue Railroad Relocation Authority; for

23 general purposes, including quick-take power (now

24 obsolete).

25 (70 ILCS 1935/25); Elmwood Park Grade Separation Authority

26 Act; Elmwood Park Grade Separation Authority; for general

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1 purposes.

2 (70 ILCS 2105/9b); River Conservancy Districts Act; river

3 conservancy districts; for general purposes.

4 (70 ILCS 2105/10a); River Conservancy Districts Act; river

5 conservancy districts; for corporate purposes.

6 (70 ILCS 2205/15); Sanitary District Act of 1907; sanitary

7 districts; for corporate purposes.

8 (70 ILCS 2205/18); Sanitary District Act of 1907; sanitary

9 districts; for improvements and works.

10 (70 ILCS 2205/19); Sanitary District Act of 1907; sanitary

11 districts; for access to property.

12 (70 ILCS 2305/8); North Shore Water Reclamation District Act;

13 North Shore Water Reclamation District; for corporate

14 purposes.

15 (70 ILCS 2305/15); North Shore Water Reclamation District Act;

16 North Shore Water Reclamation District; for improvements.

17 (70 ILCS 2405/7.9); Sanitary District Act of 1917; Sanitary

18 District of Decatur; for carrying out agreements to sell,

19 convey, or disburse treated wastewater to a private

20 entity.

21 (70 ILCS 2405/8); Sanitary District Act of 1917; sanitary

22 districts; for corporate purposes.

23 (70 ILCS 2405/15); Sanitary District Act of 1917; sanitary

24 districts; for improvements.

25 (70 ILCS 2405/16.9 and 2405/16.10); Sanitary District Act of

26 1917; sanitary districts; for waterworks.

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1 (70 ILCS 2405/17.2); Sanitary District Act of 1917; sanitary

2 districts; for public sewer and water utility treatment

3 works.

4 (70 ILCS 2405/18); Sanitary District Act of 1917; sanitary

5 districts; for dams or other structures to regulate water

6 flow.

7 (70 ILCS 2605/8); Metropolitan Water Reclamation District Act;

8 Metropolitan Water Reclamation District; for corporate

9 purposes.

10 (70 ILCS 2605/16); Metropolitan Water Reclamation District

11 Act; Metropolitan Water Reclamation District; quick-take

12 power for improvements.

13 (70 ILCS 2605/17); Metropolitan Water Reclamation District

14 Act; Metropolitan Water Reclamation District; for bridges.

15 (70 ILCS 2605/35); Metropolitan Water Reclamation District

16 Act; Metropolitan Water Reclamation District; for widening

17 and deepening a navigable stream.

18 (70 ILCS 2805/10); Sanitary District Act of 1936; sanitary

19 districts; for corporate purposes.

20 (70 ILCS 2805/24); Sanitary District Act of 1936; sanitary

21 districts; for improvements.

22 (70 ILCS 2805/26i and 2805/26j); Sanitary District Act of

23 1936; sanitary districts; for drainage systems.

24 (70 ILCS 2805/27); Sanitary District Act of 1936; sanitary

25 districts; for dams or other structures to regulate water

26 flow.

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1 (70 ILCS 2805/32k); Sanitary District Act of 1936; sanitary

2 districts; for water supply.

3 (70 ILCS 2805/32l); Sanitary District Act of 1936; sanitary

4 districts; for waterworks.

5 (70 ILCS 2905/2-7); Metro-East Sanitary District Act of 1974;

6 Metro-East Sanitary District; for corporate purposes.

7 (70 ILCS 2905/2-8); Metro-East Sanitary District Act of 1974;

8 Metro-East Sanitary District; for access to property.

9 (70 ILCS 3010/10); Sanitary District Revenue Bond Act;

10 sanitary districts; for sewerage systems.

11 (70 ILCS 3205/12); Illinois Sports Facilities Authority Act;

12 Illinois Sports Facilities Authority; quick-take power for

13 its corporate purposes (obsolete).

14 (70 ILCS 3405/16); Surface Water Protection District Act;

15 surface water protection districts; for corporate

16 purposes.

17 (70 ILCS 3605/7); Chicago Transit Authority Act ~~Metropolitan~~

18 ~~Transit Authority Act~~; Chicago Transit Authority; for

19 transportation systems.

20 (70 ILCS 3605/8); Chicago Transit Authority Act ~~Metropolitan~~

21 ~~Transit Authority Act~~; Chicago Transit Authority; for

22 general purposes.

23 (70 ILCS 3605/10); Chicago Transit Authority Act ~~Metropolitan~~

24 ~~Transit Authority Act~~; Chicago Transit Authority; for

25 general purposes, including railroad property.

26 (70 ILCS 3610/3 and 3610/5); Local Mass Transit District Act;

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1 local mass transit districts; for general purposes.

2 (70 ILCS 3615/2.13); Northern Illinois Transit ~~Regional~~

3 ~~Transportation~~ Authority Act; Northern Illinois Transit

4 ~~Regional Transportation~~ Authority; for general purposes.

5 (70 ILCS 3705/8 and 3705/12); Public Water District Act;

6 public water districts; for waterworks.

7 (70 ILCS 3705/23a); Public Water District Act; public water

8 districts; for sewerage properties.

9 (70 ILCS 3705/23e); Public Water District Act; public water

10 districts; for combined waterworks and sewerage systems.

11 (70 ILCS 3715/6); Water Authorities Act; water authorities;

12 for facilities to ensure adequate water supply.

13 (70 ILCS 3715/27); Water Authorities Act; water authorities;

14 for access to property.

15 (75 ILCS 5/4-7); Illinois Local Library Act; boards of library

16 trustees; for library buildings.

17 (75 ILCS 16/30-55.80); Public Library District Act of 1991;

18 public library districts; for general purposes.

19 (75 ILCS 65/1 and 65/3); Libraries in Parks Act; corporate

20 authorities of city or park district, or board of park

21 commissioners; for free public library buildings.

22 (Source: Incorporates 98-564, eff. 8-27-13; P.A. 98-756, eff.

23 7-16-14; 99-669, eff. 7-29-16.)

24 Section 10-80. The Local Governmental and Governmental

25 Employees Tort Immunity Act is amended by changing Section

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1 2-101 as follows:

2 (745 ILCS 10/2-101) (from Ch. 85, par. 2-101)

3 Sec. 2-101. Nothing in this Act affects the right to

4 obtain relief other than damages against a local public entity

5 or public employee. Nothing in this Act affects the liability,

6 if any, of a local public entity or public employee, based on:

7 a contract;

8 b operation as a common carrier; and this Act does not

9 apply to any entity organized under or subject to the Chicago

10 Transit Authority Act ~~"~~Metropolitan Transit Authority Act ~~",~~

11 ~~approved April 12, 1945, as amended~~;

12 c The "Workers' Compensation Act", approved July 9, 1951,

13 as heretofore or hereafter amended;

14 d The "Workers' Occupational Diseases Act", approved July

15 9, 1951, as heretofore or hereafter amended;

16 e Section 1-4-7 of the "Illinois Municipal Code", approved

17 May 29, 1961, as heretofore or hereafter amended.

18 f The "Illinois Uniform Conviction Information Act",

19 enacted by the 85th General Assembly, as heretofore or

20 hereafter amended.

21 (Source: P.A. 85-922.)

22 Section 10-85. The Illinois Wage Payment and Collection

23 Act is amended by changing Section 9 as follows:

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1 (820 ILCS 115/9) (from Ch. 48, par. 39m-9)

2 Sec. 9. Except as hereinafter provided, deductions by

3 employers from wages or final compensation are prohibited

4 unless such deductions are (1) required by law; (2) to the

5 benefit of the employee; (3) in response to a valid wage

6 assignment or wage deduction order; (4) made with the express

7 written consent of the employee, given freely at the time the

8 deduction is made; (5) made by a municipality with a

9 population of 500,000 or more, a county with a population of

10 3,000,000 or more, a community college district in a city with

11 a population of 500,000 or more, a housing authority in a

12 municipality with a population of 500,000 or more, the Chicago

13 Park District, the Chicago Transit Authority Act ~~Metropolitan~~

14 ~~Transit Authority~~, the Chicago Board of Education, the Cook

15 County Forest Preserve District, or the Metropolitan Water

16 Reclamation District to pay a debt owed by the employee to a

17 municipality with a population of 500,000 or more, a county

18 with a population of 3,000,000 or more, the Cook County Forest

19 Preserve, the Chicago Park District, the Metropolitan Water

20 Reclamation District, the Chicago Transit Authority, the

21 Chicago Board of Education, or a housing authority of a

22 municipality with a population of 500,000 or more; provided,

23 however, that the amount deducted from any one salary or wage

24 payment shall not exceed 25% of the net amount of the payment;

25 or (6) made by a housing authority in a municipality with a

26 population of 500,000 or more or a municipality with a

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1 population of 500,000 or more to pay a debt owed by the

2 employee to a housing authority in a municipality with a

3 population of 500,000 or more; provided, however, that the

4 amount deducted from any one salary or wage payment shall not

5 exceed 25% of the net amount of the payment. Before the

6 municipality with a population of 500,000 or more, the

7 community college district in a city with a population of

8 500,000 or more, the Chicago Park District, the Chicago

9 Transit Authority Act ~~Metropolitan Transit Authority~~, a

10 housing authority in a municipality with a population of

11 500,000 or more, the Chicago Board of Education, the county

12 with a population of 3,000,000 or more, the Cook County Forest

13 Preserve District, or the Metropolitan Water Reclamation

14 District deducts any amount from any salary or wage of an

15 employee to pay a debt owed to a municipality with a population

16 of 500,000 or more, a county with a population of 3,000,000 or

17 more, the Cook County Forest Preserve District, the Chicago

18 Park District, the Metropolitan Water Reclamation District,

19 the Chicago Transit Authority, the Chicago Board of Education,

20 or a housing authority of a municipality with a population of

21 500,000 or more under this Section, the municipality, the

22 county, the Cook County Forest Preserve District, the Chicago

23 Park District, the Metropolitan Water Reclamation District,

24 the Chicago Transit Authority, the Chicago Board of Education,

25 or a housing authority of a municipality with a population of

26 500,000 or more shall certify that (i) the employee has been

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1 afforded an opportunity for a hearing to dispute the debt that

2 is due and owing the municipality, the county, the Cook County

3 Forest Preserve District, the Chicago Park District, the

4 Metropolitan Water Reclamation District, the Chicago Transit

5 Authority, the Chicago Board of Education, or a housing

6 authority of a municipality with a population of 500,000 or

7 more and (ii) the employee has received notice of a wage

8 deduction order and has been afforded an opportunity for a

9 hearing to object to the order. Before a housing authority in a

10 municipality with a population of 500,000 or more or a

11 municipality with a population of 500,000 or more, a county

12 with a population of 3,000,000 or more, the Cook County Forest

13 Preserve District, the Chicago Park District, the Metropolitan

14 Water Reclamation District, the Chicago Transit Authority, the

15 Chicago Board of Education, or a housing authority of a

16 municipality with a population of 500,000 or more deducts any

17 amount from any salary or wage of an employee to pay a debt

18 owed to a housing authority in a municipality with a

19 population of 500,000 or more under this Section, the housing

20 authority shall certify that (i) the employee has been

21 afforded an opportunity for a hearing to dispute the debt that

22 is due and owing the housing authority and (ii) the employee

23 has received notice of a wage deduction order and has been

24 afforded an opportunity for a hearing to object to the order.

25 For purposes of this Section, "net amount" means that part of

26 the salary or wage payment remaining after the deduction of

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1 any amounts required by law to be deducted and "debt due and

2 owing" means (i) a specified sum of money owed to the

3 municipality, county, the Cook County Forest Preserve

4 District, the Chicago Park District, the Metropolitan Water

5 Reclamation District, the Chicago Transit Authority, the

6 Chicago Board of Education, or housing authority for services,

7 work, or goods, after the period granted for payment has

8 expired, or (ii) a specified sum of money owed to the

9 municipality, county, the Cook County Forest Preserve

10 District, the Chicago Park District, the Metropolitan Water

11 Reclamation District, the Chicago Transit Authority, the

12 Chicago Board of Education or housing authority pursuant to a

13 court order or order of an administrative hearing officer

14 after the exhaustion of, or the failure to exhaust, judicial

15 review; (7) the result of an excess payment made due to, but

16 not limited to, a typographical or mathematical error made by

17 a municipality with a population of less than 500,000 or to

18 collect a debt owed to a municipality with a population of less

19 than 500,000 after notice to the employee and an opportunity

20 to be heard; provided, however, that the amount deducted from

21 any one salary or wage payment shall not exceed 15% of the net

22 amount of the payment. Before the municipality deducts any

23 amount from any salary or wage of an employee to pay a debt

24 owed to the municipality, the municipality shall certify that

25 (i) the employee has been afforded an opportunity for a

26 hearing, conducted by the municipality, to dispute the debt

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1 that is due and owing the municipality, and (ii) the employee

2 has received notice of a wage deduction order and has been

3 afforded an opportunity for a hearing, conducted by the

4 municipality, to object to the order. For purposes of this

5 Section, "net amount" means that part of the salary or wage

6 payment remaining after the deduction of any amounts required

7 by law to be deducted and "debt due and owing" means (i) a

8 specified sum of money owed to the municipality for services,

9 work, or goods, after the period granted for payment has

10 expired, or (ii) a specified sum of money owed to the

11 municipality pursuant to a court order or order of an

12 administrative hearing officer after the exhaustion of, or the

13 failure to exhaust, judicial review. Where the legitimacy of

14 any deduction from wages is in dispute, the amount in question

15 may be withheld if the employer notifies the Department of

16 Labor on the date the payment is due in writing of the amount

17 that is being withheld and stating the reasons for which the

18 payment is withheld. Upon such notification the Department of

19 Labor shall conduct an investigation and render a judgment as

20 promptly as possible, and shall complete such investigation

21 within 30 days of receipt of the notification by the employer

22 that wages have been withheld. The employer shall pay the

23 wages due upon order of the Department of Labor within 15

24 calendar days of issuance of a judgment on the dispute.

25 The Department shall establish rules to protect the

26 interests of both parties in cases of disputed deductions from

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1 wages. Such rules shall include reasonable limitations on the

2 amount of deductions beyond those required by law which may be

3 made during any pay period by any employer.

4 In case of a dispute over wages, the employer shall pay,

5 without condition and within the time set by this Act, all

6 wages or parts thereof, conceded by him to be due, leaving to

7 the employee all remedies to which he may otherwise be

8 entitled as to any balance claimed. The acceptance by an

9 employee of a disputed paycheck shall not constitute a release

10 as to the balance of his claim and any release or restrictive

11 endorsement required by an employer as a condition to payment

12 shall be a violation of this Act and shall be void.

13 (Source: P.A. 97-120, eff. 1-1-12.)

14 Article 15.

15 Section 15-5. The Open Meetings Act is amended by changing

16 Section 2 as follows:

17 (5 ILCS 120/2) (from Ch. 102, par. 42)

18 Sec. 2. Open meetings.

19 (a) Openness required. All meetings of public bodies shall

20 be open to the public unless excepted in subsection (c) and

21 closed in accordance with Section 2a.

22 (b) Construction of exceptions. The exceptions contained

23 in subsection (c) are in derogation of the requirement that

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1 public bodies meet in the open, and therefore, the exceptions

2 are to be strictly construed, extending only to subjects

3 clearly within their scope. The exceptions authorize but do

4 not require the holding of a closed meeting to discuss a

5 subject included within an enumerated exception.

6 (c) Exceptions. A public body may hold closed meetings to

7 consider the following subjects:

8 (1) The appointment, employment, compensation,

9 discipline, performance, or dismissal of specific

10 employees, specific individuals who serve as independent

11 contractors in a park, recreational, or educational

12 setting, or specific volunteers of the public body or

13 legal counsel for the public body, including hearing

14 testimony on a complaint lodged against an employee, a

15 specific individual who serves as an independent

16 contractor in a park, recreational, or educational

17 setting, or a volunteer of the public body or against

18 legal counsel for the public body to determine its

19 validity. However, a meeting to consider an increase in

20 compensation to a specific employee of a public body that

21 is subject to the Local Government Wage Increase

22 Transparency Act may not be closed and shall be open to the

23 public and posted and held in accordance with this Act.

24 (2) Collective negotiating matters between the public

25 body and its employees or their representatives, or

26 deliberations concerning salary schedules for one or more

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1 classes of employees.

2 (3) The selection of a person to fill a public office,

3 as defined in this Act, including a vacancy in a public

4 office, when the public body is given power to appoint

5 under law or ordinance, or the discipline, performance or

6 removal of the occupant of a public office, when the

7 public body is given power to remove the occupant under

8 law or ordinance.

9 (4) Evidence or testimony presented in open hearing,

10 or in closed hearing where specifically authorized by law,

11 to a quasi-adjudicative body, as defined in this Act,

12 provided that the body prepares and makes available for

13 public inspection a written decision setting forth its

14 determinative reasoning.

15 (4.5) Evidence or testimony presented to a school

16 board regarding denial of admission to school events or

17 property pursuant to Section 24-24 of the School Code,

18 provided that the school board prepares and makes

19 available for public inspection a written decision setting

20 forth its determinative reasoning.

21 (5) The purchase or lease of real property for the use

22 of the public body, including meetings held for the

23 purpose of discussing whether a particular parcel should

24 be acquired.

25 (6) The setting of a price for sale or lease of

26 property owned by the public body.

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1 (7) The sale or purchase of securities, investments,

2 or investment contracts. This exception shall not apply to

3 the investment of assets or income of funds deposited into

4 the Illinois Prepaid Tuition Trust Fund.

5 (8) Security procedures, school building safety and

6 security, and the use of personnel and equipment to

7 respond to an actual, a threatened, or a reasonably

8 potential danger to the safety of employees, students,

9 staff, the public, or public property.

10 (9) Student disciplinary cases.

11 (10) The placement of individual students in special

12 education programs and other matters relating to

13 individual students.

14 (11) Litigation, when an action against, affecting or

15 on behalf of the particular public body has been filed and

16 is pending before a court or administrative tribunal, or

17 when the public body finds that an action is probable or

18 imminent, in which case the basis for the finding shall be

19 recorded and entered into the minutes of the closed

20 meeting.

21 (12) The establishment of reserves or settlement of

22 claims as provided in the Local Governmental and

23 Governmental Employees Tort Immunity Act, if otherwise the

24 disposition of a claim or potential claim might be

25 prejudiced, or the review or discussion of claims, loss or

26 risk management information, records, data, advice or

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1 communications from or with respect to any insurer of the

2 public body or any intergovernmental risk management

3 association or self insurance pool of which the public

4 body is a member.

5 (13) Conciliation of complaints of discrimination in

6 the sale or rental of housing, when closed meetings are

7 authorized by the law or ordinance prescribing fair

8 housing practices and creating a commission or

9 administrative agency for their enforcement.

10 (14) Informant sources, the hiring or assignment of

11 undercover personnel or equipment, or ongoing, prior or

12 future criminal investigations, when discussed by a public

13 body with criminal investigatory responsibilities.

14 (15) Professional ethics or performance when

15 considered by an advisory body appointed to advise a

16 licensing or regulatory agency on matters germane to the

17 advisory body's field of competence.

18 (16) Self evaluation, practices and procedures or

19 professional ethics, when meeting with a representative of

20 a statewide association of which the public body is a

21 member.

22 (17) The recruitment, credentialing, discipline or

23 formal peer review of physicians or other health care

24 professionals, or for the discussion of matters protected

25 under the federal Patient Safety and Quality Improvement

26 Act of 2005, and the regulations promulgated thereunder,

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1 including 42 C.F.R. Part 3 (73 FR 70732), or the federal

2 Health Insurance Portability and Accountability Act of

3 1996, and the regulations promulgated thereunder,

4 including 45 C.F.R. Parts 160, 162, and 164, by a

5 hospital, or other institution providing medical care,

6 that is operated by the public body.

7 (18) Deliberations for decisions of the Prisoner

8 Review Board.

9 (19) Review or discussion of applications received

10 under the Experimental Organ Transplantation Procedures

11 Act.

12 (20) The classification and discussion of matters

13 classified as confidential or continued confidential by

14 the State Government Suggestion Award Board.

15 (21) Discussion of minutes of meetings lawfully closed

16 under this Act, whether for purposes of approval by the

17 body of the minutes or semi-annual review of the minutes

18 as mandated by Section 2.06.

19 (22) Deliberations for decisions of the State

20 Emergency Medical Services Disciplinary Review Board.

21 (23) The operation by a municipality of a municipal

22 utility or the operation of a municipal power agency or

23 municipal natural gas agency when the discussion involves

24 (i) contracts relating to the purchase, sale, or delivery

25 of electricity or natural gas or (ii) the results or

26 conclusions of load forecast studies.

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1 (24) Meetings of a residential health care facility

2 resident sexual assault and death review team or the

3 Executive Council under the Abuse Prevention Review Team

4 Act.

5 (25) Meetings of an independent team of experts under

6 Brian's Law.

7 (26) Meetings of a mortality review team appointed

8 under the Department of Juvenile Justice Mortality Review

9 Team Act.

10 (27) (Blank).

11 (28) Correspondence and records (i) that may not be

12 disclosed under Section 11-9 of the Illinois Public Aid

13 Code or (ii) that pertain to appeals under Section 11-8 of

14 the Illinois Public Aid Code.

15 (29) Meetings between internal or external auditors

16 and governmental audit committees, finance committees, and

17 their equivalents, when the discussion involves internal

18 control weaknesses, identification of potential fraud risk

19 areas, known or suspected frauds, and fraud interviews

20 conducted in accordance with generally accepted auditing

21 standards of the United States of America.

22 (30) (Blank).

23 (31) Meetings and deliberations for decisions of the

24 Concealed Carry Licensing Review Board under the Firearm

25 Concealed Carry Act.

26 (32) Meetings between the Northern Illinois Transit

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1 ~~Regional Transportation~~ Authority Board and its Service

2 Boards when the discussion involves review by the Northern

3 Illinois Transit ~~Regional Transportation~~ Authority Board

4 of employment contracts under Section 28d of the

5 Metropolitan Transit Authority Act and Sections 3A.18 and

6 3B.26 of the Northern Illinois Transit ~~Regional~~

7 ~~Transportation~~ Authority Act.

8 (33) Those meetings or portions of meetings of the

9 advisory committee and peer review subcommittee created

10 under Section 320 of the Illinois Controlled Substances

11 Act during which specific controlled substance prescriber,

12 dispenser, or patient information is discussed.

13 (34) Meetings of the Tax Increment Financing Reform

14 Task Force under Section 2505-800 of the Department of

15 Revenue Law of the Civil Administrative Code of Illinois.

16 (35) Meetings of the group established to discuss

17 Medicaid capitation rates under Section 5-30.8 of the

18 Illinois Public Aid Code.

19 (36) Those deliberations or portions of deliberations

20 for decisions of the Illinois Gaming Board in which there

21 is discussed any of the following: (i) personal,

22 commercial, financial, or other information obtained from

23 any source that is privileged, proprietary, confidential,

24 or a trade secret; or (ii) information specifically

25 exempted from the disclosure by federal or State law.

26 (37) Deliberations for decisions of the Illinois Law

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1 Enforcement Training Standards Board, the Certification

2 Review Panel, and the Illinois State Police Merit Board

3 regarding certification and decertification.

4 (38) Meetings of the Ad Hoc Statewide Domestic

5 Violence Fatality Review Committee of the Illinois

6 Criminal Justice Information Authority Board that occur in

7 closed executive session under subsection (d) of Section

8 35 of the Domestic Violence Fatality Review Act.

9 (39) Meetings of the regional review teams under

10 subsection (a) of Section 75 of the Domestic Violence

11 Fatality Review Act.

12 (40) Meetings of the Firearm Owner's Identification

13 Card Review Board under Section 10 of the Firearm Owners

14 Identification Card Act.

15 (d) Definitions. For purposes of this Section:

16 "Employee" means a person employed by a public body whose

17 relationship with the public body constitutes an

18 employer-employee relationship under the usual common law

19 rules, and who is not an independent contractor.

20 "Public office" means a position created by or under the

21 Constitution or laws of this State, the occupant of which is

22 charged with the exercise of some portion of the sovereign

23 power of this State. The term "public office" shall include

24 members of the public body, but it shall not include

25 organizational positions filled by members thereof, whether

26 established by law or by a public body itself, that exist to

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1 assist the body in the conduct of its business.

2 "Quasi-adjudicative body" means an administrative body

3 charged by law or ordinance with the responsibility to conduct

4 hearings, receive evidence or testimony and make

5 determinations based thereon, but does not include local

6 electoral boards when such bodies are considering petition

7 challenges.

8 (e) Final action. No final action may be taken at a closed

9 meeting. Final action shall be preceded by a public recital of

10 the nature of the matter being considered and other

11 information that will inform the public of the business being

12 conducted.

13 (Source: P.A. 102-237, eff. 1-1-22; 102-520, eff. 8-20-21;

14 102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 103-311, eff.

15 7-28-23; 103-626, eff. 1-1-25.)

16 Section 15-10. The Freedom of Information Act is amended

17 by changing Section 7.5 as follows:

18 (5 ILCS 140/7.5)

19 Sec. 7.5. Statutory exemptions. To the extent provided for

20 by the statutes referenced below, the following shall be

21 exempt from inspection and copying:

22 (a) All information determined to be confidential

23 under Section 4002 of the Technology Advancement and

24 Development Act.

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1 (b) Library circulation and order records identifying

2 library users with specific materials under the Library

3 Records Confidentiality Act.

4 (c) Applications, related documents, and medical

5 records received by the Experimental Organ Transplantation

6 Procedures Board and any and all documents or other

7 records prepared by the Experimental Organ Transplantation

8 Procedures Board or its staff relating to applications it

9 has received.

10 (d) Information and records held by the Department of

11 Public Health and its authorized representatives relating

12 to known or suspected cases of sexually transmitted

13 infection or any information the disclosure of which is

14 restricted under the Illinois Sexually Transmitted

15 Infection Control Act.

16 (e) Information the disclosure of which is exempted

17 under Section 30 of the Radon Industry Licensing Act.

18 (f) Firm performance evaluations under Section 55 of

19 the Architectural, Engineering, and Land Surveying

20 Qualifications Based Selection Act.

21 (g) Information the disclosure of which is restricted

22 and exempted under Section 50 of the Illinois Prepaid

23 Tuition Act.

24 (h) Information the disclosure of which is exempted

25 under the State Officials and Employees Ethics Act, and

26 records of any lawfully created State or local inspector

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1 general's office that would be exempt if created or

2 obtained by an Executive Inspector General's office under

3 that Act.

4 (i) Information contained in a local emergency energy

5 plan submitted to a municipality in accordance with a

6 local emergency energy plan ordinance that is adopted

7 under Section 11-21.5-5 of the Illinois Municipal Code.

8 (j) Information and data concerning the distribution

9 of surcharge moneys collected and remitted by carriers

10 under the Emergency Telephone System Act.

11 (k) Law enforcement officer identification information

12 or driver identification information compiled by a law

13 enforcement agency or the Department of Transportation

14 under Section 11-212 of the Illinois Vehicle Code.

15 (l) Records and information provided to a residential

16 health care facility resident sexual assault and death

17 review team or the Executive Council under the Abuse

18 Prevention Review Team Act.

19 (m) Information provided to the predatory lending

20 database created pursuant to Article 3 of the Residential

21 Real Property Disclosure Act, except to the extent

22 authorized under that Article.

23 (n) Defense budgets and petitions for certification of

24 compensation and expenses for court appointed trial

25 counsel as provided under Sections 10 and 15 of the

26 Capital Crimes Litigation Act (repealed). This subsection

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1 (n) shall apply until the conclusion of the trial of the

2 case, even if the prosecution chooses not to pursue the

3 death penalty prior to trial or sentencing.

4 (o) Information that is prohibited from being

5 disclosed under Section 4 of the Illinois Health and

6 Hazardous Substances Registry Act.

7 (p) Security portions of system safety program plans,

8 investigation reports, surveys, schedules, lists, data, or

9 information compiled, collected, or prepared by or for the

10 Department of Transportation under Sections 2705-300 and

11 2705-616 of the Department of Transportation Law of the

12 Civil Administrative Code of Illinois, the Northern

13 Illinois Transit ~~Regional Transportation~~ Authority under

14 Section 2.11 of the Northern Illinois Transit ~~Regional~~

15 ~~Transportation~~ Authority Act, or the St. Clair County

16 Transit District under the Bi-State Transit Safety Act

17 (repealed).

18 (q) Information prohibited from being disclosed by the

19 Personnel Record Review Act.

20 (r) Information prohibited from being disclosed by the

21 Illinois School Student Records Act.

22 (s) Information the disclosure of which is restricted

23 under Section 5-108 of the Public Utilities Act.

24 (t) (Blank).

25 (u) Records and information provided to an independent

26 team of experts under the Developmental Disability and

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1 Mental Health Safety Act (also known as Brian's Law).

2 (v) Names and information of people who have applied

3 for or received Firearm Owner's Identification Cards under

4 the Firearm Owners Identification Card Act or applied for

5 or received a concealed carry license under the Firearm

6 Concealed Carry Act, unless otherwise authorized by the

7 Firearm Concealed Carry Act; and databases under the

8 Firearm Concealed Carry Act, records of the Concealed

9 Carry Licensing Review Board under the Firearm Concealed

10 Carry Act, and law enforcement agency objections under the

11 Firearm Concealed Carry Act.

12 (v-5) Records of the Firearm Owner's Identification

13 Card Review Board that are exempted from disclosure under

14 Section 10 of the Firearm Owners Identification Card Act.

15 (w) Personally identifiable information which is

16 exempted from disclosure under subsection (g) of Section

17 19.1 of the Toll Highway Act.

18 (x) Information which is exempted from disclosure

19 under Section 5-1014.3 of the Counties Code or Section

20 8-11-21 of the Illinois Municipal Code.

21 (y) Confidential information under the Adult

22 Protective Services Act and its predecessor enabling

23 statute, the Elder Abuse and Neglect Act, including

24 information about the identity and administrative finding

25 against any caregiver of a verified and substantiated

26 decision of abuse, neglect, or financial exploitation of

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1 an eligible adult maintained in the Registry established

2 under Section 7.5 of the Adult Protective Services Act.

3 (z) Records and information provided to a fatality

4 review team or the Illinois Fatality Review Team Advisory

5 Council under Section 15 of the Adult Protective Services

6 Act.

7 (aa) Information which is exempted from disclosure

8 under Section 2.37 of the Wildlife Code.

9 (bb) Information which is or was prohibited from

10 disclosure by the Juvenile Court Act of 1987.

11 (cc) Recordings made under the Law Enforcement

12 Officer-Worn Body Camera Act, except to the extent

13 authorized under that Act.

14 (dd) Information that is prohibited from being

15 disclosed under Section 45 of the Condominium and Common

16 Interest Community Ombudsperson Act.

17 (ee) Information that is exempted from disclosure

18 under Section 30.1 of the Pharmacy Practice Act.

19 (ff) Information that is exempted from disclosure

20 under the Revised Uniform Unclaimed Property Act.

21 (gg) Information that is prohibited from being

22 disclosed under Section 7-603.5 of the Illinois Vehicle

23 Code.

24 (hh) Records that are exempt from disclosure under

25 Section 1A-16.7 of the Election Code.

26 (ii) Information which is exempted from disclosure

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1 under Section 2505-800 of the Department of Revenue Law of

2 the Civil Administrative Code of Illinois.

3 (jj) Information and reports that are required to be

4 submitted to the Department of Labor by registering day

5 and temporary labor service agencies but are exempt from

6 disclosure under subsection (a-1) of Section 45 of the Day

7 and Temporary Labor Services Act.

8 (kk) Information prohibited from disclosure under the

9 Seizure and Forfeiture Reporting Act.

10 (ll) Information the disclosure of which is restricted

11 and exempted under Section 5-30.8 of the Illinois Public

12 Aid Code.

13 (mm) Records that are exempt from disclosure under

14 Section 4.2 of the Crime Victims Compensation Act.

15 (nn) Information that is exempt from disclosure under

16 Section 70 of the Higher Education Student Assistance Act.

17 (oo) Communications, notes, records, and reports

18 arising out of a peer support counseling session

19 prohibited from disclosure under the First Responders

20 Suicide Prevention Act.

21 (pp) Names and all identifying information relating to

22 an employee of an emergency services provider or law

23 enforcement agency under the First Responders Suicide

24 Prevention Act.

25 (qq) Information and records held by the Department of

26 Public Health and its authorized representatives collected

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1 under the Reproductive Health Act.

2 (rr) Information that is exempt from disclosure under

3 the Cannabis Regulation and Tax Act.

4 (ss) Data reported by an employer to the Department of

5 Human Rights pursuant to Section 2-108 of the Illinois

6 Human Rights Act.

7 (tt) Recordings made under the Children's Advocacy

8 Center Act, except to the extent authorized under that

9 Act.

10 (uu) Information that is exempt from disclosure under

11 Section 50 of the Sexual Assault Evidence Submission Act.

12 (vv) Information that is exempt from disclosure under

13 subsections (f) and (j) of Section 5-36 of the Illinois

14 Public Aid Code.

15 (ww) Information that is exempt from disclosure under

16 Section 16.8 of the State Treasurer Act.

17 (xx) Information that is exempt from disclosure or

18 information that shall not be made public under the

19 Illinois Insurance Code.

20 (yy) Information prohibited from being disclosed under

21 the Illinois Educational Labor Relations Act.

22 (zz) Information prohibited from being disclosed under

23 the Illinois Public Labor Relations Act.

24 (aaa) Information prohibited from being disclosed

25 under Section 1-167 of the Illinois Pension Code.

26 (bbb) Information that is prohibited from disclosure

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1 by the Illinois Police Training Act and the Illinois State

2 Police Act.

3 (ccc) Records exempt from disclosure under Section

4 2605-304 of the Illinois State Police Law of the Civil

5 Administrative Code of Illinois.

6 (ddd) Information prohibited from being disclosed

7 under Section 35 of the Address Confidentiality for

8 Victims of Domestic Violence, Sexual Assault, Human

9 Trafficking, or Stalking Act.

10 (eee) Information prohibited from being disclosed

11 under subsection (b) of Section 75 of the Domestic

12 Violence Fatality Review Act.

13 (fff) Images from cameras under the Expressway Camera

14 Act. This subsection (fff) is inoperative on and after

15 July 1, 2025.

16 (ggg) Information prohibited from disclosure under

17 paragraph (3) of subsection (a) of Section 14 of the Nurse

18 Agency Licensing Act.

19 (hhh) Information submitted to the Illinois State

20 Police in an affidavit or application for an assault

21 weapon endorsement, assault weapon attachment endorsement,

22 .50 caliber rifle endorsement, or .50 caliber cartridge

23 endorsement under the Firearm Owners Identification Card

24 Act.

25 (iii) Data exempt from disclosure under Section 50 of

26 the School Safety Drill Act.

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1 (jjj) Information exempt from disclosure under Section

2 30 of the Insurance Data Security Law.

3 (kkk) Confidential business information prohibited

4 from disclosure under Section 45 of the Paint Stewardship

5 Act.

6 (lll) Data exempt from disclosure under Section

7 2-3.196 of the School Code.

8 (mmm) Information prohibited from being disclosed

9 under subsection (e) of Section 1-129 of the Illinois

10 Power Agency Act.

11 (nnn) Materials received by the Department of Commerce

12 and Economic Opportunity that are confidential under the

13 Music and Musicians Tax Credit and Jobs Act.

14 (ooo) Data or information provided pursuant to Section

15 20 of the Statewide Recycling Needs and Assessment Act.

16 (ppp) Information that is exempt from disclosure under

17 Section 28-11 of the Lawful Health Care Activity Act.

18 (qqq) Information that is exempt from disclosure under

19 Section 7-101 of the Illinois Human Rights Act.

20 (rrr) Information prohibited from being disclosed

21 under Section 4-2 of the Uniform Money Transmission

22 Modernization Act.

23 (sss) Information exempt from disclosure under Section

24 40 of the Student-Athlete Endorsement Rights Act.

25 (ttt) Audio recordings made under Section 30 of the

26 Illinois State Police Act, except to the extent authorized

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1 under that Section.

2 (Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22;

3 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff.

4 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22;

5 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff.

6 6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372,

7 eff. 1-1-24; 103-472, eff. 8-1-24; 103-508, eff. 8-4-23;

8 103-580, eff. 12-8-23; 103-592, eff. 6-7-24; 103-605, eff.

9 7-1-24; 103-636, eff. 7-1-24; 103-724, eff. 1-1-25; 103-786,

10 eff. 8-7-24; 103-859, eff. 8-9-24; 103-991, eff. 8-9-24;

11 103-1049, eff. 8-9-24; 103-1081, eff. 3-21-25.)

12 Section 15-15. The Illinois Public Labor Relations Act is

13 amended by changing Sections 5 and 15 as follows:

14 (5 ILCS 315/5) (from Ch. 48, par. 1605)

15 Sec. 5. Illinois Labor Relations Board; State Panel; Local

16 Panel.

17 (a) There is created the Illinois Labor Relations Board.

18 The Board shall be comprised of 2 panels, to be known as the

19 State Panel and the Local Panel.

20 (a-5) The State Panel shall have jurisdiction over

21 collective bargaining matters between employee organizations

22 and the State of Illinois, excluding the General Assembly of

23 the State of Illinois, between employee organizations and

24 units of local government and school districts with a

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1 population not in excess of 2 million persons, and between

2 employee organizations and the Northern Illinois Transit

3 ~~Regional Transportation~~ Authority.

4 The State Panel shall consist of 5 members appointed by

5 the Governor, with the advice and consent of the Senate. The

6 Governor shall appoint to the State Panel only persons who

7 have had a minimum of 5 years of experience directly related to

8 labor and employment relations in representing public

9 employers, private employers, or labor organizations; or

10 teaching labor or employment relations; or administering

11 executive orders or regulations applicable to labor or

12 employment relations. At the time of his or her appointment,

13 each member of the State Panel shall be an Illinois resident.

14 The Governor shall designate one member to serve as the

15 Chairman of the State Panel and the Board.

16 Notwithstanding any other provision of this Section, the

17 term of each member of the State Panel who was appointed by the

18 Governor and is in office on June 30, 2003 shall terminate at

19 the close of business on that date or when all of the successor

20 members to be appointed pursuant to Public Act 93-509 ~~this~~

21 ~~amendatory Act of the 93rd General Assembly~~ have been

22 appointed by the Governor, whichever occurs later. As soon as

23 possible, the Governor shall appoint persons to fill the

24 vacancies created by this amendatory Act.

25 The initial appointments under Public Act 93-509 ~~this~~

26 ~~amendatory Act of the 93rd General Assembly~~ shall be for terms

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1 as follows: The Chairman shall initially be appointed for a

2 term ending on the 4th Monday in January, 2007; 2 members shall

3 be initially appointed for terms ending on the 4th Monday in

4 January, 2006; one member shall be initially appointed for a

5 term ending on the 4th Monday in January, 2005; and one member

6 shall be initially appointed for a term ending on the 4th

7 Monday in January, 2004. Each subsequent member shall be

8 appointed for a term of 4 years, commencing on the 4th Monday

9 in January. Upon expiration of the term of office of any

10 appointive member, that member shall continue to serve until a

11 successor shall be appointed and qualified. In case of a

12 vacancy, a successor shall be appointed to serve for the

13 unexpired portion of the term. If the Senate is not in session

14 at the time the initial appointments are made, the Governor

15 shall make temporary appointments in the same manner

16 successors are appointed to fill vacancies. A temporary

17 appointment shall remain in effect no longer than 20 calendar

18 days after the commencement of the next Senate session.

19 (b) The Local Panel shall have jurisdiction over

20 collective bargaining agreement matters between employee

21 organizations and units of local government with a population

22 in excess of 2 million persons, but excluding the Northern

23 Illinois Transit Authority ~~Regional Transportation Authority~~.

24 The Local Panel shall consist of one person appointed by

25 the Governor with the advice and consent of the Senate (or, if

26 no such person is appointed, the Chairman of the State Panel)

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1 and two additional members, one appointed by the Mayor of the

2 City of Chicago and one appointed by the President of the Cook

3 County Board of Commissioners. Appointees to the Local Panel

4 must have had a minimum of 5 years of experience directly

5 related to labor and employment relations in representing

6 public employers, private employers, or labor organizations;

7 or teaching labor or employment relations; or administering

8 executive orders or regulations applicable to labor or

9 employment relations. Each member of the Local Panel shall be

10 an Illinois resident at the time of his or her appointment. The

11 member appointed by the Governor (or, if no such person is

12 appointed, the Chairman of the State Panel) shall serve as the

13 Chairman of the Local Panel.

14 Notwithstanding any other provision of this Section, the

15 term of the member of the Local Panel who was appointed by the

16 Governor and is in office on June 30, 2003 shall terminate at

17 the close of business on that date or when his or her successor

18 has been appointed by the Governor, whichever occurs later. As

19 soon as possible, the Governor shall appoint a person to fill

20 the vacancy created by this amendatory Act. The initial

21 appointment under Public Act 93-509 ~~this amendatory Act of the~~

22 ~~93rd General Assembly~~ shall be for a term ending on the 4th

23 Monday in January, 2007.

24 The initial appointments under Public Act 91-798 ~~this~~

25 ~~amendatory Act of the 91st General Assembly~~ shall be for terms

26 as follows: The member appointed by the Governor shall

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1 initially be appointed for a term ending on the 4th Monday in

2 January, 2001; the member appointed by the President of the

3 Cook County Board shall be initially appointed for a term

4 ending on the 4th Monday in January, 2003; and the member

5 appointed by the Mayor of the City of Chicago shall be

6 initially appointed for a term ending on the 4th Monday in

7 January, 2004. Each subsequent member shall be appointed for a

8 term of 4 years, commencing on the 4th Monday in January. Upon

9 expiration of the term of office of any appointive member, the

10 member shall continue to serve until a successor shall be

11 appointed and qualified. In the case of a vacancy, a successor

12 shall be appointed by the applicable appointive authority to

13 serve for the unexpired portion of the term.

14 (c) Three members of the State Panel shall at all times

15 constitute a quorum. Two members of the Local Panel shall at

16 all times constitute a quorum. A vacancy on a panel does not

17 impair the right of the remaining members to exercise all of

18 the powers of that panel. Each panel shall adopt an official

19 seal which shall be judicially noticed. The salary of the

20 Chairman of the State Panel shall be $82,429 per year, or as

21 set by the Compensation Review Board, whichever is greater,

22 and that of the other members of the State and Local Panels

23 shall be $74,188 per year, or as set by the Compensation Review

24 Board, whichever is greater.

25 (d) Each member shall devote his or her entire time to the

26 duties of the office, and shall hold no other office or

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1 position of profit, nor engage in any other business,

2 employment, or vocation. No member shall hold any other public

3 office or be employed as a labor or management representative

4 by the State or any political subdivision of the State or of

5 any department or agency thereof, or actively represent or act

6 on behalf of an employer or an employee organization or an

7 employer in labor relations matters. Any member of the State

8 Panel may be removed from office by the Governor for

9 inefficiency, neglect of duty, misconduct or malfeasance in

10 office, and for no other cause, and only upon notice and

11 hearing. Any member of the Local Panel may be removed from

12 office by the applicable appointive authority for

13 inefficiency, neglect of duty, misconduct or malfeasance in

14 office, and for no other cause, and only upon notice and

15 hearing.

16 (e) Each panel at the end of every State fiscal year shall

17 make a report in writing to the Governor and the General

18 Assembly, stating in detail the work it has done to carry out

19 the policy of the Act in hearing and deciding cases and

20 otherwise. Each panel's report shall include:

21 (1) the number of unfair labor practice charges filed

22 during the fiscal year;

23 (2) the number of unfair labor practice charges

24 resolved during the fiscal year;

25 (3) the total number of unfair labor charges pending

26 before the Board at the end of the fiscal year;

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1 (4) the number of unfair labor charge cases at the end

2 of the fiscal year that have been pending before the Board

3 between 1 and 100 days, 101 and 150 days, 151 and 200 days,

4 201 and 250 days, 251 and 300 days, 301 and 350 days, 351

5 and 400 days, 401 and 450 days, 451 and 500 days, 501 and

6 550 days, 551 and 600 days, 601 and 650 days, 651 and 700

7 days, and over 701 days;

8 (5) the number of representation cases and unit

9 clarification cases filed during the fiscal year;

10 (6) the number of representation cases and unit

11 clarification cases resolved during the fiscal year;

12 (7) the total number of representation cases and unit

13 clarification cases pending before the Board at the end of

14 the fiscal year;

15 (8) the number of representation cases and unit

16 clarification cases at the end of the fiscal year that

17 have been pending before the Board between 1 and 120 days,

18 121 and 180 days, and over 180 days; and

19 (9) the Board's progress in meeting the timeliness

20 goals established pursuant to the criteria in subsection

21 (j) of Section 11 of this Act; the report shall include,

22 but is not limited to:

23 (A) the average number of days taken to complete

24 investigations and issue complaints, dismissals, or

25 deferrals;

26 (B) the average number of days taken for the Board

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1 to issue decisions on appeals of dismissals or

2 deferrals;

3 (C) the average number of days taken to schedule a

4 hearing on complaints once issued;

5 (D) the average number of days taken to issue a

6 recommended decision and order once the record is

7 closed;

8 (E) the average number of days taken for the Board

9 to issue final decisions on recommended decisions when

10 ~~where~~ exceptions have been filed;

11 (F) the average number of days taken for the Board

12 to issue final decisions ~~decision~~ on recommended

13 decisions when no exceptions have been filed; and

14 (G) in cases where the Board was unable to meet the

15 timeliness goals established in subsection (j) of

16 Section 11, an explanation as to why the goal was not

17 met.

18 (f) In order to accomplish the objectives and carry out

19 the duties prescribed by this Act, a panel or its authorized

20 designees may hold elections to determine whether a labor

21 organization has majority status; investigate and attempt to

22 resolve or settle charges of unfair labor practices; hold

23 hearings in order to carry out its functions; develop and

24 effectuate appropriate impasse resolution procedures for

25 purposes of resolving labor disputes; require the appearance

26 of witnesses and the production of evidence on any matter

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1 under inquiry; and administer oaths and affirmations. The

2 panels shall sign and report in full an opinion in every case

3 which they decide.

4 (g) Each panel may appoint or employ an executive

5 director, attorneys, hearing officers, mediators,

6 fact-finders, arbitrators, and such other employees as it may

7 deem necessary to perform its functions. The governing boards

8 shall prescribe the duties and qualifications of such persons

9 appointed and, subject to the annual appropriation, fix their

10 compensation and provide for reimbursement of actual and

11 necessary expenses incurred in the performance of their

12 duties. The Board shall employ a minimum of 16 attorneys and 6

13 investigators.

14 (h) Each panel shall exercise general supervision over all

15 attorneys which it employs and over the other persons employed

16 to provide necessary support services for such attorneys. The

17 panels shall have final authority in respect to complaints

18 brought pursuant to this Act.

19 (i) The following rules and regulations shall be adopted

20 by the panels meeting in joint session: (1) procedural rules

21 and regulations which shall govern all Board proceedings; (2)

22 procedures for election of exclusive bargaining

23 representatives pursuant to Section 9, except for the

24 determination of appropriate bargaining units; and (3)

25 appointment of counsel pursuant to subsection (k) of this

26 Section.

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1 (j) Rules and regulations may be adopted, amended or

2 rescinded only upon a vote of 5 of the members of the State and

3 Local Panels meeting in joint session. The adoption,

4 amendment, or rescission of rules and regulations shall be in

5 conformity with the requirements of the Illinois

6 Administrative Procedure Act.

7 (k) The panels in joint session shall promulgate rules and

8 regulations providing for the appointment of attorneys or

9 other Board representatives to represent persons in unfair

10 labor practice proceedings before a panel. The regulations

11 governing appointment shall require the applicant to

12 demonstrate an inability to pay for or inability to otherwise

13 provide for adequate representation before a panel. Such rules

14 must also provide: (1) that an attorney may not be appointed in

15 cases which, in the opinion of a panel, are clearly without

16 merit; (2) the stage of the unfair labor proceeding at which

17 counsel will be appointed; and (3) the circumstances under

18 which a client will be allowed to select counsel.

19 (1) The panels in joint session may promulgate rules and

20 regulations which allow parties in proceedings before a panel

21 to be represented by counsel or any other representative of

22 the party's choice.

23 (m) The Chairman of the State Panel shall serve as

24 Chairman of a joint session of the panels. Attendance of at

25 least 2 members of the State Panel and at least one member of

26 the Local Panel, in addition to the Chairman, shall constitute

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1 a quorum at a joint session. The panels shall meet in joint

2 session at least annually.

3 (Source: P.A. 103-856, eff. 1-1-25; revised 11-21-24.)

4 (5 ILCS 315/15) (from Ch. 48, par. 1615)

5 (Text of Section WITHOUT the changes made by P.A. 98-599,

6 which has been held unconstitutional)

7 Sec. 15. Act takes precedence ~~Takes Precedence~~.

8 (a) In case of any conflict between the provisions of this

9 Act and any other law (other than Section 5 of the State

10 Employees Group Insurance Act of 1971 and other than the

11 changes made to the Illinois Pension Code by Public Act 96-889

12 ~~this amendatory Act of the 96th General Assembly~~), executive

13 order or administrative regulation relating to wages, hours

14 and conditions of employment and employment relations, the

15 provisions of this Act or any collective bargaining agreement

16 negotiated thereunder shall prevail and control. Nothing in

17 this Act shall be construed to replace or diminish the rights

18 of employees established by Sections 28 and 28a of the

19 Metropolitan Transit Authority Act, Sections 2.15 through 2.19

20 of the Northern Illinois Transit ~~Regional Transportation~~

21 Authority Act. The provisions of this Act are subject to

22 Section 5 of the State Employees Group Insurance Act of 1971.

23 Nothing in this Act shall be construed to replace the

24 necessity of complaints against a sworn peace officer, as

25 defined in Section 2(a) of the Uniform Peace Officers' ~~Officer~~

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1 Disciplinary Act, from having a complaint supported by a sworn

2 affidavit.

3 (b) Except as provided in subsection (a) above, any

4 collective bargaining contract between a public employer and a

5 labor organization executed pursuant to this Act shall

6 supersede any contrary statutes, charters, ordinances, rules

7 or regulations relating to wages, hours and conditions of

8 employment and employment relations adopted by the public

9 employer or its agents. Any collective bargaining agreement

10 entered into prior to the effective date of this Act shall

11 remain in full force during its duration.

12 (c) It is the public policy of this State, pursuant to

13 paragraphs (h) and (i) of Section 6 of Article VII of the

14 Illinois Constitution, that the provisions of this Act are the

15 exclusive exercise by the State of powers and functions which

16 might otherwise be exercised by home rule units. Such powers

17 and functions may not be exercised concurrently, either

18 directly or indirectly, by any unit of local government,

19 including any home rule unit, except as otherwise authorized

20 by this Act.

21 (Source: P.A. 95-331, eff. 8-21-07; 96-889, eff. 1-1-11;

22 revised 7-23-24.)

23 Section 15-20. The State Employees Group Insurance Act of

24 1971 is amended by changing Section 2.5 as follows:

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1 (5 ILCS 375/2.5)

2 Sec. 2.5. Application to Northern Illinois Transit

3 ~~Regional Transportation~~ Authority Board members.

4 Notwithstanding any other provision of this Act to the

5 contrary, this Act does not apply to any member of the Northern

6 Illinois Transit ~~Regional Transportation~~ Authority Board who

7 first becomes a member of that Board on or after July 23, 2013

8 (the effective date of Public Act 98-108) with respect to

9 service of that Board.

10 (Source: P.A. 98-108, eff. 7-23-13; 98-756, eff. 7-16-14.)

11 Section 15-25. The State Officials and Employees Ethics

12 Act is amended by changing Section 1-5 as follows:

13 (5 ILCS 430/1-5)

14 Sec. 1-5. Definitions. As used in this Act:

15 "Appointee" means a person appointed to a position in or

16 with a State agency, regardless of whether the position is

17 compensated.

18 "Board members of Regional Development Authorities" means

19 any person appointed to serve on the governing board of a

20 Regional Development Authority.

21 "Board members of Regional Transit Boards" means any

22 person appointed to serve on the governing board of a Regional

23 Transit Board.

24 "Campaign for elective office" means any activity in

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1 furtherance of an effort to influence the selection,

2 nomination, election, or appointment of any individual to any

3 federal, State, or local public office or office in a

4 political organization, or the selection, nomination, or

5 election of Presidential or Vice-Presidential electors, but

6 does not include activities (i) relating to the support or

7 opposition of any executive, legislative, or administrative

8 action (as those terms are defined in Section 2 of the Lobbyist

9 Registration Act), (ii) relating to collective bargaining, or

10 (iii) that are otherwise in furtherance of the person's

11 official State duties.

12 "Candidate" means a person who has filed nominating papers

13 or petitions for nomination or election to an elected State

14 office, or who has been appointed to fill a vacancy in

15 nomination, and who remains eligible for placement on the

16 ballot at either a general primary election or general

17 election.

18 "Collective bargaining" has the same meaning as that term

19 is defined in Section 3 of the Illinois Public Labor Relations

20 Act.

21 "Commission" means an ethics commission created by this

22 Act.

23 "Compensated time" means any time worked by or credited to

24 a State employee that counts toward any minimum work time

25 requirement imposed as a condition of employment with a State

26 agency, but does not include any designated State holidays or

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1 any period when the employee is on a leave of absence.

2 "Compensatory time off" means authorized time off earned

3 by or awarded to a State employee to compensate in whole or in

4 part for time worked in excess of the minimum work time

5 required of that employee as a condition of employment with a

6 State agency.

7 "Contribution" has the same meaning as that term is

8 defined in Section 9-1.4 of the Election Code.

9 "Employee" means (i) any person employed full-time,

10 part-time, or pursuant to a contract and whose employment

11 duties are subject to the direction and control of an employer

12 with regard to the material details of how the work is to be

13 performed or (ii) any appointed or elected commissioner,

14 trustee, director, or board member of a board of a State

15 agency, including any retirement system or investment board

16 subject to the Illinois Pension Code or (iii) any other

17 appointee.

18 "Employment benefits" include but are not limited to the

19 following: modified compensation or benefit terms; compensated

20 time off; or change of title, job duties, or location of office

21 or employment. An employment benefit may also include

22 favorable treatment in determining whether to bring any

23 disciplinary or similar action or favorable treatment during

24 the course of any disciplinary or similar action or other

25 performance review.

26 "Executive branch constitutional officer" means the

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1 Governor, Lieutenant Governor, Attorney General, Secretary of

2 State, Comptroller, and Treasurer.

3 "Gift" means any gratuity, discount, entertainment,

4 hospitality, loan, forbearance, or other tangible or

5 intangible item having monetary value including, but not

6 limited to, cash, food and drink, and honoraria for speaking

7 engagements related to or attributable to government

8 employment or the official position of an employee, member, or

9 officer. The value of a gift may be further defined by rules

10 adopted by the appropriate ethics commission or by the Auditor

11 General for the Auditor General and for employees of the

12 office of the Auditor General.

13 "Governmental entity" means a unit of local government

14 (including a community college district) or a school district

15 but not a State agency, a Regional Transit Board, or a Regional

16 Development Authority.

17 "Leave of absence" means any period during which a State

18 employee does not receive (i) compensation for State

19 employment, (ii) service credit towards State pension

20 benefits, and (iii) health insurance benefits paid for by the

21 State.

22 "Legislative branch constitutional officer" means a member

23 of the General Assembly and the Auditor General.

24 "Legislative leader" means the President and Minority

25 Leader of the Senate and the Speaker and Minority Leader of the

26 House of Representatives.

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1 "Member" means a member of the General Assembly.

2 "Officer" means an executive branch constitutional officer

3 or a legislative branch constitutional officer.

4 "Political" means any activity in support of or in

5 connection with any campaign for elective office or any

6 political organization, but does not include activities (i)

7 relating to the support or opposition of any executive,

8 legislative, or administrative action (as those terms are

9 defined in Section 2 of the Lobbyist Registration Act), (ii)

10 relating to collective bargaining, or (iii) that are otherwise

11 in furtherance of the person's official State duties or

12 governmental and public service functions.

13 "Political organization" means a party, committee,

14 association, fund, or other organization (whether or not

15 incorporated) that is required to file a statement of

16 organization with the State Board of Elections or a county

17 clerk under Section 9-3 of the Election Code, but only with

18 regard to those activities that require filing with the State

19 Board of Elections or a county clerk.

20 "Prohibited political activity" means:

21 (1) Preparing for, organizing, or participating in any

22 political meeting, political rally, political

23 demonstration, or other political event.

24 (2) Soliciting contributions, including but not

25 limited to the purchase of, selling, distributing, or

26 receiving payment for tickets for any political

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1 fundraiser, political meeting, or other political event.

2 (3) Soliciting, planning the solicitation of, or

3 preparing any document or report regarding any thing of

4 value intended as a campaign contribution.

5 (4) Planning, conducting, or participating in a public

6 opinion poll in connection with a campaign for elective

7 office or on behalf of a political organization for

8 political purposes or for or against any referendum

9 question.

10 (5) Surveying or gathering information from potential

11 or actual voters in an election to determine probable vote

12 outcome in connection with a campaign for elective office

13 or on behalf of a political organization for political

14 purposes or for or against any referendum question.

15 (6) Assisting at the polls on election day on behalf

16 of any political organization or candidate for elective

17 office or for or against any referendum question.

18 (7) Soliciting votes on behalf of a candidate for

19 elective office or a political organization or for or

20 against any referendum question or helping in an effort to

21 get voters to the polls.

22 (8) Initiating for circulation, preparing,

23 circulating, reviewing, or filing any petition on behalf

24 of a candidate for elective office or for or against any

25 referendum question.

26 (9) Making contributions on behalf of any candidate

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1 for elective office in that capacity or in connection with

2 a campaign for elective office.

3 (10) Preparing or reviewing responses to candidate

4 questionnaires in connection with a campaign for elective

5 office or on behalf of a political organization for

6 political purposes.

7 (11) Distributing, preparing for distribution, or

8 mailing campaign literature, campaign signs, or other

9 campaign material on behalf of any candidate for elective

10 office or for or against any referendum question.

11 (12) Campaigning for any elective office or for or

12 against any referendum question.

13 (13) Managing or working on a campaign for elective

14 office or for or against any referendum question.

15 (14) Serving as a delegate, alternate, or proxy to a

16 political party convention.

17 (15) Participating in any recount or challenge to the

18 outcome of any election, except to the extent that under

19 subsection (d) of Section 6 of Article IV of the Illinois

20 Constitution each house of the General Assembly shall

21 judge the elections, returns, and qualifications of its

22 members.

23 "Prohibited source" means any person or entity who:

24 (1) is seeking official action (i) by the member or

25 officer or (ii) in the case of an employee, by the employee

26 or by the member, officer, State agency, or other employee

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1 directing the employee;

2 (2) does business or seeks to do business (i) with the

3 member or officer or (ii) in the case of an employee, with

4 the employee or with the member, officer, State agency, or

5 other employee directing the employee;

6 (3) conducts activities regulated (i) by the member or

7 officer or (ii) in the case of an employee, by the employee

8 or by the member, officer, State agency, or other employee

9 directing the employee;

10 (4) has interests that may be substantially affected

11 by the performance or non-performance of the official

12 duties of the member, officer, or employee;

13 (5) is registered or required to be registered with

14 the Secretary of State under the Lobbyist Registration

15 Act, except that an entity not otherwise a prohibited

16 source does not become a prohibited source merely because

17 a registered lobbyist is one of its members or serves on

18 its board of directors; or

19 (6) is an agent of, a spouse of, or an immediate family

20 member who is living with a "prohibited source".

21 "Regional Development Authority" means the following

22 regional development authorities:

23 (1) the Central Illinois Economic Development

24 Authority created by the Central Illinois Economic

25 Development Authority Act;

26 (2) the Eastern Illinois Economic Development

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1 Authority created by the Eastern Illinois Economic

2 Development Authority Act;

3 (3) the Joliet Arsenal Development Authority created

4 by the Joliet Arsenal Development Authority Act;

5 (4) the Quad Cities Regional Economic Development

6 Authority created by Quad Cities Regional Economic

7 Development Authority Act, approved September 22, 1987;

8 (5) the Riverdale Development Authority created by the

9 Riverdale Development Authority Act;

10 (6) the Southeastern Illinois Economic Development

11 Authority created by the Southeastern Illinois Economic

12 Development Authority Act;

13 (7) the Southern Illinois Economic Development

14 Authority created by the Southern Illinois Economic

15 Development Authority Act;

16 (8) the Southwestern Illinois Development Authority

17 created by the Southwestern Illinois Development Authority

18 Act;

19 (9) the Tri-County River Valley Development Authority

20 created by the Tri-County River Valley Development

21 Authority Law;

22 (10) the Upper Illinois River Valley Development

23 Authority created by the Upper Illinois River Valley

24 Development Authority Act;

25 (11) the Illinois Urban Development Authority created

26 by the Illinois Urban Development Authority Act;

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1 (12) the Western Illinois Economic Development

2 Authority created by the Western Illinois Economic

3 Development Authority Act; and

4 (13) the Will-Kankakee Regional Development Authority

5 created by the Will-Kankakee Regional Development

6 Authority Law.

7 "Regional Transit Boards" means (i) the Northern Illinois

8 Transit ~~Regional Transportation~~ Authority created by the

9 Northern Illinois Transit ~~Regional Transportation~~ Authority

10 Act, (ii) the Suburban Bus Division created by the Northern

11 Illinois Transit ~~Regional Transportation~~ Authority Act, (iii)

12 the Commuter Rail Division created by the Northern Illinois

13 Transit ~~Regional Transportation~~ Authority Act, and (iv) the

14 Chicago Transit Authority created by the Metropolitan Transit

15 Authority Act.

16 "State agency" includes all officers, boards, commissions

17 and agencies created by the Constitution, whether in the

18 executive or legislative branch; all officers, departments,

19 boards, commissions, agencies, institutions, authorities,

20 public institutions of higher learning as defined in Section 2

21 of the Higher Education Cooperation Act (except community

22 colleges), and bodies politic and corporate of the State; and

23 administrative units or corporate outgrowths of the State

24 government which are created by or pursuant to statute, other

25 than units of local government (including community college

26 districts) and their officers, school districts, and boards of

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1 election commissioners; and all administrative units and

2 corporate outgrowths of the above and as may be created by

3 executive order of the Governor. "State agency" includes the

4 General Assembly, the Senate, the House of Representatives,

5 the President and Minority Leader of the Senate, the Speaker

6 and Minority Leader of the House of Representatives, the

7 Senate Operations Commission, and the legislative support

8 services agencies. "State agency" includes the Office of the

9 Auditor General. "State agency" does not include the judicial

10 branch.

11 "State employee" means any employee of a State agency.

12 "Ultimate jurisdictional authority" means the following:

13 (1) For members, legislative partisan staff, and

14 legislative secretaries, the appropriate legislative

15 leader: President of the Senate, Minority Leader of the

16 Senate, Speaker of the House of Representatives, or

17 Minority Leader of the House of Representatives.

18 (2) For State employees who are professional staff or

19 employees of the Senate and not covered under item (1),

20 the Senate Operations Commission.

21 (3) For State employees who are professional staff or

22 employees of the House of Representatives and not covered

23 under item (1), the Speaker of the House of

24 Representatives.

25 (4) For State employees who are employees of the

26 legislative support services agencies, the Joint Committee

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1 on Legislative Support Services.

2 (5) For State employees of the Auditor General, the

3 Auditor General.

4 (6) For State employees of public institutions of

5 higher learning as defined in Section 2 of the Higher

6 Education Cooperation Act (except community colleges), the

7 board of trustees of the appropriate public institution of

8 higher learning.

9 (7) For State employees of an executive branch

10 constitutional officer other than those described in

11 paragraph (6), the appropriate executive branch

12 constitutional officer.

13 (8) For State employees not under the jurisdiction of

14 paragraph (1), (2), (3), (4), (5), (6), or (7), the

15 Governor.

16 (9) For employees of Regional Transit Boards, the

17 appropriate Regional Transit Board.

18 (10) For board members of Regional Transit Boards, the

19 Governor.

20 (11) For employees of Regional Development

21 Authorities, the appropriate Regional Development

22 Authority.

23 (12) For board members of Regional Development

24 Authorities, the Governor.

25 (Source: P.A. 103-517, eff. 8-11-23.)

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1 Section 15-30. The Illinois Act on the Aging is amended by

2 changing Section 4.15 as follows:

3 (20 ILCS 105/4.15)

4 Sec. 4.15. Eligibility determinations.

5 (a) The Department is authorized to make eligibility

6 determinations for benefits administered by other governmental

7 bodies based on the Senior Citizens and Persons with

8 Disabilities Property Tax Relief Act as follows:

9 (i) for the Secretary of State with respect to reduced

10 fees paid by qualified vehicle owners under the Illinois

11 Vehicle Code;

12 (ii) for special districts that offer free fixed route

13 public transportation services for qualified older adults

14 under the Local Mass Transit District Act, the

15 Metropolitan Transit Authority Act, and the Northern

16 Illinois Transit ~~Regional Transportation~~ Authority Act;

17 and

18 (iii) for special districts that offer transit

19 services for qualified individuals with disabilities under

20 the Local Mass Transit District Act, the Metropolitan

21 Transit Authority Act, and the Northern Illinois Transit

22 ~~Regional Transportation~~ Authority Act.

23 (b) The Department shall establish the manner by which

24 claimants shall apply for these benefits. The Department is

25 authorized to promulgate rules regarding the following

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1 matters: the application cycle; the application process; the

2 content for an electronic application; required personal

3 identification information; acceptable proof of eligibility as

4 to age, disability status, marital status, residency, and

5 household income limits; household composition; calculating

6 income; use of social security numbers; duration of

7 eligibility determinations; and any other matters necessary

8 for such administrative operations.

9 (c) All information received by the Department from an

10 application or from any investigation to determine eligibility

11 for benefits shall be confidential, except for official

12 purposes.

13 (d) A person may not under any circumstances charge a fee

14 to a claimant for assistance in completing an application form

15 for these benefits.

16 (Source: P.A. 98-887, eff. 8-15-14; 99-143, eff. 7-27-15.)

17 Section 15-35. The Department of Public Health Powers and

18 Duties Law of the Civil Administrative Code of Illinois is

19 amended by changing Section 2310-55.5 as follows:

20 (20 ILCS 2310/2310-55.5)

21 Sec. 2310-55.5. Free and reduced fare services. The

22 Northern Illinois Transit ~~Regional Transportation~~ Authority

23 shall monthly provide the Department with a list of riders

24 that receive free or reduced fares under the Northern Illinois

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1 Transit ~~Regional Transportation~~ Authority Act. The list shall

2 include an individual's name, address, and date of birth. The

3 Department shall, within 2 weeks after receipt of the list,

4 report back to the Northern Illinois Transit ~~Regional~~

5 ~~Transportation~~ Authority any discrepancies that indicate that

6 a rider receiving free or reduced fare services is deceased.

7 (Source: P.A. 97-781, eff. 1-1-13.)

8 Section 15-40. The Department of Transportation Law of the

9 Civil Administrative Code of Illinois is amended by changing

10 Sections 2705-300, 2705-305, 2705-310, and 2705-315 as

11 follows:

12 (20 ILCS 2705/2705-300) (was 20 ILCS 2705/49.18)

13 Sec. 2705-300. Powers concerning mass transportation. The

14 Department has the power to do the following:

15 (1) Advise and assist the Governor and the General

16 Assembly in formulating (i) a mass transportation policy

17 for the State, (ii) proposals designed to help meet and

18 resolve special problems of mass transportation within the

19 State, and (iii) programs of assistance for the

20 comprehensive planning, development, and administration of

21 mass transportation facilities and services.

22 (2) Appear and participate in proceedings before any

23 federal, State, or local regulatory agency involving or

24 affecting mass transportation in the State.

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1 (3) Study mass transportation problems and provide

2 technical assistance to units of local government.

3 (4) Encourage experimentation in developing new mass

4 transportation facilities and services.

5 (5) Recommend policies, programs, and actions designed

6 to improve utilization of mass transportation services.

7 (6) Cooperate with mass transit districts and systems,

8 local governments, and other State agencies in meeting

9 those problems of air, noise, and water pollution

10 associated with transportation.

11 (7) Participate fully in a statewide effort to improve

12 transport safety, including, as the designated State

13 agency responsible for overseeing the safety and security

14 of rail fixed guideway public transportation systems in

15 compliance with 49 U.S.C. 5329 and 49 U.S.C. 5330:

16 (A) developing, adopting, and implementing a

17 system safety program standard and procedures meeting

18 the compliance requirements of 49 U.S.C. 5329 and 49

19 U.S.C. 5330, as now or hereafter amended, for the

20 safety and security of rail fixed guideway public

21 transportation systems within the State; and

22 (B) establishing procedures in accordance with 49

23 U.S.C. 5329 and 49 U.S.C. 5330 to review, approve,

24 oversee, investigate, audit, and enforce all other

25 necessary and incidental functions related to the

26 effectuation of 49 U.S.C. 5329 and 49 U.S.C. 5330, or

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1 other federal law, pertaining to public transportation

2 oversight. The Department may contract for the

3 services of a qualified consultant to comply with this

4 subsection.

5 The security portion of the system safety program,

6 investigation reports, surveys, schedules, lists, or data

7 compiled, collected, or prepared by or for the Department

8 under this subsection shall not be subject to discovery or

9 admitted into evidence in federal or State court or

10 considered for other purposes in any civil action for

11 damages arising from any matter mentioned or addressed in

12 such reports, surveys, schedules, lists, data, or

13 information. Except for willful or wanton conduct, neither

14 the Department nor its employees, nor the Northern

15 Illinois Transit ~~Regional Transportation~~ Authority, nor

16 the St. Clair County Transit District, nor any mass

17 transit district nor service board subject to this

18 Section, nor their respective directors, officers, or

19 employees, shall be held liable in any civil action for

20 any injury to or death of any person or loss of or damage

21 to property for any act, omission, or failure to act under

22 this Section or 49 U.S.C. 5329 or 49 U.S.C. 5330 as now or

23 hereafter amended.

24 (8) Conduct by contract or otherwise technical

25 studies, and demonstration and development projects which

26 shall be designed to test and develop methods for

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1 increasing public use of mass transportation and for

2 providing mass transportation in an efficient,

3 coordinated, and convenient manner.

4 (9) Make applications for, receive, and make use of

5 grants for mass transportation.

6 (10) Make grants for mass transportation from the

7 Transportation Fund pursuant to the standards and

8 procedures of Sections 2705-305 and 2705-310.

9 Nothing in this Section alleviates an individual's duty to

10 comply with the State Officials and Employees Ethics Act.

11 (Source: P.A. 102-559, eff. 8-20-21.)

12 (20 ILCS 2705/2705-305)

13 Sec. 2705-305. Grants for mass transportation.

14 (a) For the purpose of mass transportation grants and

15 contracts, the following definitions apply:

16 "Carrier" means any corporation, authority, partnership,

17 association, person, or district authorized to provide mass

18 transportation within the State.

19 "District" means all of the following:

20 (i) Any district created pursuant to the Local Mass

21 Transit District Act.

22 (ii) The Authority created pursuant to the

23 Metropolitan Transit Authority Act.

24 (iii) Any authority, commission, or other entity that

25 by virtue of an interstate compact approved by Congress is

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1 authorized to provide mass transportation.

2 (iv) The Authority created pursuant to the Northern

3 Illinois Transit ~~Regional Transportation~~ Authority Act.

4 "Facilities" comprise all real and personal property used

5 in or appurtenant to a mass transportation system, including

6 parking lots.

7 "Mass transportation" means transportation provided within

8 the State of Illinois by rail, bus, or other conveyance and

9 available to the general public on a regular and continuing

10 basis, including the transportation of persons with

11 disabilities or elderly persons as provided more specifically

12 in Section 2705-310.

13 "Unit of local government" means any city, village,

14 incorporated town, or county.

15 (b) Grants may be made to units of local government,

16 districts, and carriers for the acquisition, construction,

17 extension, reconstruction, and improvement of mass

18 transportation facilities. Grants shall be made upon the terms

19 and conditions that in the judgment of the Secretary are

20 necessary to ensure their proper and effective utilization.

21 (c) The Department shall make grants under this Law in a

22 manner designed, so far as is consistent with the maintenance

23 and development of a sound mass transportation system within

24 the State, to: (i) maximize federal funds for the assistance

25 of mass transportation in Illinois under the Federal Transit

26 Act and other federal Acts; (ii) facilitate the movement of

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1 persons who because of age, economic circumstance, or physical

2 infirmity are unable to drive; (iii) contribute to an improved

3 environment through the reduction of air, water, and noise

4 pollution; and (iv) reduce traffic congestion.

5 (d) The Secretary shall establish procedures for making

6 application for mass transportation grants. The procedures

7 shall provide for public notice of all applications and give

8 reasonable opportunity for the submission of comments and

9 objections by interested parties. The procedures shall be

10 designed with a view to facilitating simultaneous application

11 for a grant to the Department and to the federal government.

12 (e) Grants may be made for mass transportation projects as

13 follows:

14 (1) In an amount not to exceed 100% of the nonfederal

15 share of projects for which a federal grant is made.

16 (2) In an amount not to exceed 100% of the net project

17 cost for projects for which a federal grant is not made.

18 (3) In an amount not to exceed five-sixths of the net

19 project cost for projects essential for the maintenance of

20 a sound transportation system and eligible for federal

21 assistance for which a federal grant application has been

22 made but a federal grant has been delayed. If and when a

23 federal grant is made, the amount in excess of the

24 nonfederal share shall be promptly returned to the

25 Department.

26 In no event shall the Department make a grant that,

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1 together with any federal funds or funds from any other

2 source, is in excess of 100% of the net project cost.

3 (f) Regardless of whether any funds are available under a

4 federal grant, the Department shall not make a mass

5 transportation grant unless the Secretary finds that the

6 recipient has entered into an agreement with the Department in

7 which the recipient agrees not to engage in school bus

8 operations exclusively for the transportation of students and

9 school personnel in competition with private school bus

10 operators where those private school bus operators are able to

11 provide adequate transportation, at reasonable rates, in

12 conformance with applicable safety standards, provided that

13 this requirement shall not apply to a recipient that operates

14 a school system in the area to be served and operates a

15 separate and exclusive school bus program for the school

16 system.

17 (g) Grants may be made for mass transportation purposes

18 with funds appropriated from the Build Illinois Bond Fund

19 consistent with the specific purposes for which those funds

20 are appropriated by the General Assembly. Grants under this

21 subsection (g) are not subject to any limitations or

22 conditions imposed upon grants by any other provision of this

23 Section, except that the Secretary may impose the terms and

24 conditions that in his or her judgment are necessary to ensure

25 the proper and effective utilization of the grants under this

26 subsection.

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1 (h) The Department may let contracts for mass

2 transportation purposes and facilities for the purpose of

3 reducing urban congestion funded in whole or in part with

4 bonds described in subdivision (b)(1) of Section 4 of the

5 General Obligation Bond Act, not to exceed $75,000,000 in

6 bonds.

7 (i) The Department may make grants to carriers, districts,

8 and units of local government for the purpose of reimbursing

9 them for providing reduced fares for mass transportation

10 services for students, persons with disabilities, and the

11 elderly. Grants shall be made upon the terms and conditions

12 that in the judgment of the Secretary are necessary to ensure

13 their proper and effective utilization.

14 (j) The Department may make grants to carriers, districts,

15 and units of local government for costs of providing ADA

16 paratransit service.

17 (Source: P.A. 99-143, eff. 7-27-15.)

18 (20 ILCS 2705/2705-310)

19 Sec. 2705-310. Grants for transportation for persons with

20 disabilities.

21 (a) For the purposes of this Section, the following

22 definitions apply:

23 "Carrier" means a district or a not for profit

24 corporation providing mass transportation for persons with

25 disabilities on a regular and continuing basis.

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1 "Person with a disability" means any individual who, by

2 reason of illness, injury, age, congenital malfunction, or

3 other permanent or temporary incapacity or disability, is

4 unable without special mass transportation facilities or

5 special planning or design to utilize ordinary mass

6 transportation facilities and services as effectively as

7 persons who are not so affected.

8 "Unit of local government", "district", and "facilities"

9 have the meanings ascribed to them in Section 2705-305.

10 (b) The Department may make grants from the Transportation

11 Fund and the General Revenue Fund (i) to units of local

12 government, districts, and carriers for vehicles, equipment,

13 and the acquisition, construction, extension, reconstruction,

14 and improvement of mass transportation facilities for persons

15 with disabilities and (ii) during State fiscal years 1986 and

16 1987, to the Northern Illinois Transit ~~Regional Transportation~~

17 Authority for operating assistance for mass transportation for

18 mobility limited persons, including paratransit services for

19 the mobility limited. The grants shall be made upon the terms

20 and conditions that in the judgment of the Secretary are

21 necessary to ensure their proper and effective utilization.

22 The procedures, limitations, and safeguards provided in

23 Section 2705-305 to govern grants for mass transportation

24 shall apply to grants made under this Section.

25 For the efficient administration of grants, the

26 Department, on behalf of grant recipients under this Section

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1 and on behalf of recipients receiving funds under Sections

2 5309 and 5311 of the Federal Transit Act and State funds, may

3 administer and consolidate procurements and may enter into

4 contracts with manufacturers of vehicles and equipment.

5 (c) The Department may make operating assistance grants

6 from the Transportation Fund to those carriers that, during

7 federal fiscal year 1986, directly received operating

8 assistance pursuant to Section 5307 or Section 5311 of the

9 Federal Transit Act, or under contracts with a unit of local

10 government or mass transit district that received operating

11 expenses under Section 5307 or Section 5311 of the Federal

12 Transit Act, to provide public paratransit services to the

13 general mobility limited population. The Secretary shall take

14 into consideration the reduction in federal operating expense

15 grants to carriers when considering the grant applications.

16 The procedures, limitations, and safeguards provided in

17 Section 2705-305 to govern grants for mass transportation

18 shall apply to grants made under this Section.

19 (Source: P.A. 99-143, eff. 7-27-15.)

20 (20 ILCS 2705/2705-315) (was 20 ILCS 2705/49.19b)

21 Sec. 2705-315. Grants for passenger security. The

22 Department may make grants from the Transportation Fund and

23 the General Revenue Fund to the Northern Illinois Transit

24 ~~Regional Transportation~~ Authority created under the Northern

25 Illinois Transit ~~Regional Transportation~~ Authority Act to be

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1 used to provide protection against crime for the consumers of

2 public transportation, and for the employees and facilities of

3 public transportation providers, in the metropolitan region.

4 The grants may be used (1) to provide that protection

5 directly, or (2) to contract with any municipality or county

6 in the metropolitan region to provide that protection, or (3)

7 except for the Chicago Transit Authority created under the

8 Metropolitan Transit Authority Act, to contract with a private

9 security agency to provide that protection.

10 The grants shall be made upon the terms and conditions

11 that in the judgment of the Secretary are necessary to ensure

12 their proper and effective utilization. The procedures

13 provided in Section 2705-305 to govern grants for mass

14 transportation shall apply to grants made under this Section.

15 (Source: P.A. 91-239, eff. 1-1-00.)

16 Section 15-45. The Illinois Finance Authority Act is

17 amended by changing Section 820-50 as follows:

18 (20 ILCS 3501/820-50)

19 Sec. 820-50. Pledge of Funds by Units of Local Government.

20 (a) Pledge of Funds. Any unit of local government which

21 receives funds from the Department of Revenue, including

22 without limitation funds received pursuant to Sections 8-11-1,

23 8-11-1.4, 8-11-5 or 8-11-6 of the Illinois Municipal Code, the

24 Home Rule County Retailers' Occupation Tax Act, the Home Rule

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1 County Service Occupation Tax Act, Sections 25.05-2, 25.05-3

2 or 25.05-10 of "An Act to revise the law in relation to

3 counties", Section 5.01 of the Local Mass Transit District

4 Act, Section 4.03 of the Northern Illinois Transit ~~Regional~~

5 ~~Transportation~~ Authority Act, Sections 2 or 12 of the State

6 Revenue Sharing Act, or from the Department of Transportation

7 pursuant to Section 8 of the Motor Fuel Tax Law, or from the

8 State Superintendent of Education (directly or indirectly

9 through regional superintendents of schools) pursuant to

10 Article 18 of the School Code, or any unit of government which

11 receives other funds which are at any time in the custody of

12 the State Treasurer, the State Comptroller, the Department of

13 Revenue, the Department of Transportation or the State

14 Superintendent of Education may by appropriate proceedings,

15 pledge to the Authority or any entity acting on behalf of the

16 Authority (including, without limitation, any trustee), any or

17 all of such receipts to the extent that such receipts are

18 necessary to provide revenues to pay the principal of,

19 premium, if any, and interest on, and other fees related to, or

20 to secure, any of the local government securities of such unit

21 of local government which have been sold or delivered to the

22 Authority or its designee or to pay lease rental payments to be

23 made by such unit of local government to the extent that such

24 lease rental payments secure the payment of the principal of,

25 premium, if any, and interest on, and other fees related to,

26 any local government securities which have been sold or

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1 delivered to the Authority or its designee. Any pledge of such

2 receipts (or any portion thereof) shall constitute a first and

3 prior lien thereon and shall be binding from the time the

4 pledge is made.

5 (b) Direct Payment of Pledged Receipts. Any such unit of

6 local government may, by such proceedings, direct that all or

7 any of such pledged receipts payable to such unit of local

8 government be paid directly to the Authority or such other

9 entity (including, without limitation, any trustee) for the

10 purpose of paying the principal of, premium, if any, and

11 interest on, and fees relating to, such local government

12 securities or for the purpose of paying such lease rental

13 payments to the extent necessary to pay the principal of,

14 premium, if any, and interest on, and other fees related to,

15 such local government securities secured by such lease rental

16 payments. Upon receipt of a certified copy of such proceedings

17 by the State Treasurer, the State Comptroller, the Department

18 of Revenue, the Department of Transportation or the State

19 Superintendent of Education, as the case may be, such

20 Department or State Superintendent shall direct the State

21 Comptroller and State Treasurer to pay to, or on behalf of, the

22 Authority or such other entity (including, without limitation,

23 any trustee) all or such portion of the pledged receipts from

24 the Department of Revenue, or the Department of Transportation

25 or the State Superintendent of Education (directly or

26 indirectly through regional superintendents of schools), as

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1 the case may be, sufficient to pay the principal of and

2 premium, if any, and interest on, and other fees related to,

3 the local governmental securities for which the pledge was

4 made or to pay such lease rental payments securing such local

5 government securities for which the pledge was made. The

6 proceedings shall constitute authorization for such a

7 directive to the State Comptroller to cause orders to be drawn

8 and to the State Treasurer to pay in accordance with such

9 directive. To the extent that the Authority or its designee

10 notifies the Department of Revenue, the Department of

11 Transportation or the State Superintendent of Education, as

12 the case may be, that the unit of local government has

13 previously paid to the Authority or its designee the amount of

14 any principal, premium, interest and fees payable from such

15 pledged receipts, the State Comptroller shall cause orders to

16 be drawn and the State Treasurer shall pay such pledged

17 receipts to the unit of local government as if they were not

18 pledged receipts. To the extent that such receipts are pledged

19 and paid to the Authority or such other entity, any taxes which

20 have been levied or fees or charges assessed pursuant to law on

21 account of the issuance of such local government securities

22 shall be paid to the unit of local government and may be used

23 for the purposes for which the pledged receipts would have

24 been used.

25 (c) Payment of Pledged Receipts upon Default. Any such

26 unit of local government may, by such proceedings, direct that

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1 such pledged receipts payable to such unit of local government

2 be paid to the Authority or such other entity (including,

3 without limitation, any trustee) upon a default in the payment

4 of any principal of, premium, if any, or interest on, or fees

5 relating to, any of the local government securities of such

6 unit of local government which have been sold or delivered to

7 the Authority or its designee or any of the local government

8 securities which have been sold or delivered to the Authority

9 or its designee and which are secured by such lease rental

10 payments. If such local governmental security is in default as

11 to the payment of principal thereof, premium, if any, or

12 interest thereon, or fees relating thereto, to the extent that

13 the State Treasurer, the State Comptroller, the Department of

14 Revenue, the Department of Transportation or the State

15 Superintendent of Education (directly or indirectly through

16 regional superintendents of schools) shall be the custodian at

17 any time of any other available funds or moneys pledged to the

18 payment of such local government securities or such lease

19 rental payments securing such local government securities

20 pursuant to this Section and due or payable to such a unit of

21 local government at any time subsequent to written notice to

22 the State Comptroller and State Treasurer from the Authority

23 or any entity acting on behalf of the Authority (including,

24 without limitation, any trustee) to the effect that such unit

25 of local government has not paid or is in default as to payment

26 of the principal of, premium, if any, or interest on, or fees

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1 relating to, any local government security sold or delivered

2 to the Authority or any such entity (including, without

3 limitation, any trustee) or has not paid or is in default as to

4 the payment of such lease rental payments securing the payment

5 of the principal of, premium, if any, or interest on, or other

6 fees relating to, any local government security sold or

7 delivered to the Authority or such other entity (including,

8 without limitation, any trustee):

9 (i) The State Comptroller and the State Treasurer

10 shall withhold the payment of such funds or moneys from

11 such unit of local government until the amount of such

12 principal, premium, if any, interest or fees then due and

13 unpaid has been paid to the Authority or any such entity

14 (including, without limitation, any trustee), or the State

15 Comptroller and the State Treasurer have been advised that

16 arrangements, satisfactory to the Authority or such

17 entity, have been made for the payment of such principal,

18 premium, if any, interest and fees; and

19 (ii) Within 10 days after a demand for payment by the

20 Authority or such entity given to such unit of local

21 government, the State Treasurer and the State Comptroller,

22 the State Treasurer shall pay such funds or moneys as are

23 legally available therefor to the Authority or such entity

24 for the payment of principal of, premium, if any, or

25 interest on, or fees relating to, such local government

26 securities. The Authority or any such entity may carry out

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1 this Section and exercise all the rights, remedies and

2 provisions provided or referred to in this Section.

3 (d) Remedies. Upon the sale or delivery of any local

4 government securities of the Authority or its designee, the

5 local government which issued such local government securities

6 shall be deemed to have agreed that upon its failure to pay

7 interest or premium, if any, on, or principal of, or fees

8 relating to, the local government securities sold or delivered

9 to the Authority or any entity acting on behalf of the

10 Authority (including, without limitation, any trustee) when

11 payable, all statutory defenses to nonpayment are thereby

12 waived. Upon a default in payment of principal of or interest

13 on any local government securities issued by a unit of local

14 government and sold or delivered to the Authority or its

15 designee, and upon demand on the unit of local government for

16 payment, if the local government securities are payable from

17 property taxes and funds are not legally available in the

18 treasury of the unit of local government to make payment, an

19 action in mandamus for the levy of a tax by the unit of local

20 government to pay the principal of or interest on the local

21 government securities shall lie, and the Authority or such

22 entity shall be constituted a holder or owner of the local

23 government securities as being in default. Upon the occurrence

24 of any failure or default with respect to any local government

25 securities issued by a unit of local government, the Authority

26 or such entity may thereupon avail itself of all remedies,

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1 rights and provisions of law applicable in the circumstances,

2 and the failure to exercise or exert any rights or remedies

3 within a time or period provided by law may not be raised as a

4 defense by the unit of local government.

5 (Source: P.A. 93-205, eff. 1-1-04.)

6 Section 15-50. The Illinois State Auditing Act is amended

7 by changing Sections 3-1 and 3-2.3 as follows:

8 (30 ILCS 5/3-1) (from Ch. 15, par. 303-1)

9 Sec. 3-1. Jurisdiction of Auditor General. The Auditor

10 General has jurisdiction over all State agencies to make post

11 audits and investigations authorized by or under this Act or

12 the Constitution.

13 The Auditor General has jurisdiction over local government

14 agencies and private agencies only:

15 (a) to make such post audits authorized by or under

16 this Act as are necessary and incidental to a post audit of

17 a State agency or of a program administered by a State

18 agency involving public funds of the State, but this

19 jurisdiction does not include any authority to review

20 local governmental agencies in the obligation, receipt,

21 expenditure or use of public funds of the State that are

22 granted without limitation or condition imposed by law,

23 other than the general limitation that such funds be used

24 for public purposes;

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1 (b) to make investigations authorized by or under this

2 Act or the Constitution; and

3 (c) to make audits of the records of local government

4 agencies to verify actual costs of state-mandated programs

5 when directed to do so by the Legislative Audit Commission

6 at the request of the State Board of Appeals under the

7 State Mandates Act.

8 In addition to the foregoing, the Auditor General may

9 conduct an audit of the Metropolitan Pier and Exposition

10 Authority, the Northern Illinois Transit ~~Regional~~

11 ~~Transportation~~ Authority, the Suburban Bus Division, the

12 Commuter Rail Division and the Chicago Transit Authority and

13 any other subsidized carrier when authorized by the

14 Legislative Audit Commission. Such audit may be a financial,

15 management or program audit, or any combination thereof.

16 The audit shall determine whether they are operating in

17 accordance with all applicable laws and regulations. Subject

18 to the limitations of this Act, the Legislative Audit

19 Commission may by resolution specify additional determinations

20 to be included in the scope of the audit.

21 In addition to the foregoing, the Auditor General must

22 also conduct a financial audit of the Illinois Sports

23 Facilities Authority's expenditures of public funds in

24 connection with the reconstruction, renovation, remodeling,

25 extension, or improvement of all or substantially all of any

26 existing "facility", as that term is defined in the Illinois

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1 Sports Facilities Authority Act.

2 The Auditor General may also conduct an audit, when

3 authorized by the Legislative Audit Commission, of any

4 hospital which receives 10% or more of its gross revenues from

5 payments from the State of Illinois, Department of Healthcare

6 and Family Services (formerly Department of Public Aid),

7 Medical Assistance Program.

8 The Auditor General is authorized to conduct financial and

9 compliance audits of the Illinois Distance Learning Foundation

10 and the Illinois Conservation Foundation.

11 As soon as practical after the effective date of this

12 amendatory Act of 1995, the Auditor General shall conduct a

13 compliance and management audit of the City of Chicago and any

14 other entity with regard to the operation of Chicago O'Hare

15 International Airport, Chicago Midway Airport and Merrill C.

16 Meigs Field. The audit shall include, but not be limited to, an

17 examination of revenues, expenses, and transfers of funds;

18 purchasing and contracting policies and practices; staffing

19 levels; and hiring practices and procedures. When completed,

20 the audit required by this paragraph shall be distributed in

21 accordance with Section 3-14.

22 The Auditor General shall conduct a financial and

23 compliance and program audit of distributions from the

24 Municipal Economic Development Fund during the immediately

25 preceding calendar year pursuant to Section 8-403.1 of the

26 Public Utilities Act at no cost to the city, village, or

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1 incorporated town that received the distributions.

2 The Auditor General must conduct an audit of the Health

3 Facilities and Services Review Board pursuant to Section 19.5

4 of the Illinois Health Facilities Planning Act.

5 The Auditor General of the State of Illinois shall

6 annually conduct or cause to be conducted a financial and

7 compliance audit of the books and records of any county water

8 commission organized pursuant to the Water Commission Act of

9 1985 and shall file a copy of the report of that audit with the

10 Governor and the Legislative Audit Commission. The filed audit

11 shall be open to the public for inspection. The cost of the

12 audit shall be charged to the county water commission in

13 accordance with Section 6z-27 of the State Finance Act. The

14 county water commission shall make available to the Auditor

15 General its books and records and any other documentation,

16 whether in the possession of its trustees or other parties,

17 necessary to conduct the audit required. These audit

18 requirements apply only through July 1, 2007.

19 The Auditor General must conduct audits of the Rend Lake

20 Conservancy District as provided in Section 25.5 of the River

21 Conservancy Districts Act.

22 The Auditor General must conduct financial audits of the

23 Southeastern Illinois Economic Development Authority as

24 provided in Section 70 of the Southeastern Illinois Economic

25 Development Authority Act.

26 The Auditor General shall conduct a compliance audit in

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1 accordance with subsections (d) and (f) of Section 30 of the

2 Innovation Development and Economy Act.

3 (Source: P.A. 95-331, eff. 8-21-07; 96-31, eff. 6-30-09;

4 96-939, eff. 6-24-10.)

5 (30 ILCS 5/3-2.3)

6 Sec. 3-2.3. Report on Chicago Transit Authority.

7 (a) No less than 60 days prior to the issuance of bonds or

8 notes by the Chicago Transit Authority (referred to as the

9 "Authority" in this Section) pursuant to Section 12c of the

10 Metropolitan Transit Authority Act, the following

11 documentation shall be submitted to the Auditor General and

12 the Northern Illinois Transit ~~Regional Transportation~~

13 Authority:

14 (1) Retirement Plan Documentation. The Authority shall

15 submit a certification that:

16 (A) it is legally authorized to issue the bonds or

17 notes;

18 (B) scheduled annual payments of principal and

19 interest on the bonds and notes to be issued meet the

20 requirements of Section 12c(b)(5) of the Metropolitan

21 Transit Authority Act;

22 (C) no bond or note shall mature later than

23 December 31, 2040;

24 (D) after payment of costs of issuance and

25 necessary deposits to funds and accounts established

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1 with respect to debt service on the bonds or notes, the

2 net bond and note proceeds (exclusive of any proceeds

3 to be used to refund outstanding bonds or notes) will

4 be deposited in the Retirement Plan for Chicago

5 Transit Authority Employees and used only for the

6 purposes required by Section 22-101 of the Illinois

7 Pension Code; and

8 (E) it has entered into an intergovernmental

9 agreement with the City of Chicago under which the

10 City of Chicago will provide financial assistance to

11 the Authority in an amount equal to the net receipts,

12 after fees for costs of collection, from a tax on the

13 privilege of transferring title to real estate in the

14 City of Chicago in an amount up to $1.50 per $500 of

15 value or fraction thereof under the provisions of

16 Section 8-3-19 of the Illinois Municipal Code, which

17 agreement shall be for a term expiring no earlier than

18 the final maturity of bonds or notes that it proposes

19 to issue under Section 12c of the Metropolitan Transit

20 Authority Act.

21 (2) The Board of Trustees of the Retirement Plan for

22 Chicago Transit Authority Employees shall submit a

23 certification that the Retirement Plan for Chicago Transit

24 Authority Employees is operating in accordance with all

25 applicable legal and contractual requirements, including

26 the following:

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1 (A) the members of a new Board of Trustees have

2 been appointed according to the requirements of

3 Section 22-101(b) of the Illinois Pension Code; and

4 (B) contribution levels for employees and the

5 Authority have been established according to the

6 requirements of Section 22-101(d) of the Illinois

7 Pension Code.

8 (3) Actuarial Report. The Board of Trustees of the

9 Retirement Plan for Chicago Transit Authority Employees

10 shall submit an actuarial report prepared by an enrolled

11 actuary setting forth:

12 (A) the method of valuation and the underlying

13 assumptions;

14 (B) a comparison of the debt service schedules of

15 the bonds or notes proposed to be issued to the

16 Retirement Plan's current unfunded actuarial accrued

17 liability amortization schedule, as required by

18 Section 22-101(e) of the Illinois Pension Code, using

19 the projected interest cost of the bond or note issue

20 as the discount rate to calculate the estimated net

21 present value savings;

22 (C) the amount of the estimated net present value

23 savings comparing the true interest cost of the bonds

24 or notes with the actuarial investment return

25 assumption of the Retirement Plan; and

26 (D) a certification that the net proceeds of the

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1 bonds or notes, together with anticipated earnings on

2 contributions and deposits, will be sufficient to

3 reasonably conclude on an actuarial basis that the

4 total retirement assets of the Retirement Plan will

5 not be less than 90% of its liabilities by the end of

6 fiscal year 2059.

7 (4) The Authority shall submit a financial analysis

8 prepared by an independent advisor. The financial analysis

9 must include a determination that the issuance of bonds is

10 in the best interest of the Retirement Plan for Chicago

11 Transit Authority Employees and the Chicago Transit

12 Authority. The independent advisor shall not act as

13 underwriter or receive a legal, consulting, or other fee

14 related to the issuance of any bond or notes issued by the

15 Authority pursuant to Section 12c of the Metropolitan

16 Transit Authority Act except compensation due for the

17 preparation of the financial analysis.

18 (5) Retiree Health Care Trust Documentation. The

19 Authority shall submit a certification that:

20 (A) it is legally authorized to issue the bonds or

21 notes;

22 (B) scheduled annual payments of principal and

23 interest on the bonds and notes to be issued meets the

24 requirements of Section 12c(b)(5) of the Metropolitan

25 Transit Authority Act;

26 (C) no bond or note shall mature later than

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1 December 31, 2040;

2 (D) after payment of costs of issuance and

3 necessary deposits to funds and accounts established

4 with respect to debt service on the bonds or notes, the

5 net bond and note proceeds (exclusive of any proceeds

6 to be used to refund outstanding bonds or notes) will

7 be deposited in the Retiree Health Care Trust and used

8 only for the purposes required by Section 22-101B of

9 the Illinois Pension Code; and

10 (E) it has entered into an intergovernmental

11 agreement with the City of Chicago under which the

12 City of Chicago will provide financial assistance to

13 the Authority in an amount equal to the net receipts,

14 after fees for costs of collection, from a tax on the

15 privilege of transferring title to real estate in the

16 City of Chicago in an amount up to $1.50 per $500 of

17 value or fraction thereof under the provisions of

18 Section 8-3-19 of the Illinois Municipal Code, which

19 agreement shall be for a term expiring no earlier than

20 the final maturity of bonds or notes that it proposes

21 to issue under Section 12c of the Metropolitan Transit

22 Authority Act.

23 (6) The Board of Trustees of the Retiree Health Care

24 Trust shall submit a certification that the Retiree Health

25 Care Trust has been established in accordance with all

26 applicable legal requirements, including the following:

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1 (A) the Retiree Health Care Trust has been

2 established and a Trust document is in effect to

3 govern the Retiree Health Care Trust;

4 (B) the members of the Board of Trustees of the

5 Retiree Health Care Trust have been appointed

6 according to the requirements of Section 22-101B(b)(1)

7 of the Illinois Pension Code;

8 (C) a health care benefit program for eligible

9 retirees and their dependents and survivors has been

10 established by the Board of Trustees according to the

11 requirements of Section 22-101B(b)(2) of the Illinois

12 Pension Code;

13 (D) contribution levels have been established for

14 retirees, dependents and survivors according to the

15 requirements of Section 22-101B(b)(5) of the Illinois

16 Pension Code; and

17 (E) contribution levels have been established for

18 employees of the Authority according to the

19 requirements of Section 22-101B(b)(6) of the Illinois

20 Pension Code.

21 (7) Actuarial Report. The Board of Trustees of the

22 Retiree Health Care Trust shall submit an actuarial report

23 prepared by an enrolled actuary setting forth:

24 (A) the method of valuation and the underlying

25 assumptions;

26 (B) a comparison of the projected interest cost of

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1 the bonds or notes proposed to be issued with the

2 actuarial investment return assumption of the Retiree

3 Health Care Trust; and

4 (C) a certification that the net proceeds of the

5 bonds or notes, together with anticipated earnings on

6 contributions and deposits, will be sufficient to

7 adequately fund the actuarial present value of

8 projected benefits expected to be paid under the

9 Retiree Health Care Trust, or a certification of the

10 increases in contribution levels and decreases in

11 benefit levels that would be required in order to cure

12 any funding shortfall over a period of not more than 10

13 years.

14 (8) The Authority shall submit a financial analysis

15 prepared by an independent advisor. The financial analysis

16 must include a determination that the issuance of bonds is

17 in the best interest of the Retiree Health Care Trust and

18 the Chicago Transit Authority. The independent advisor

19 shall not act as underwriter or receive a legal,

20 consulting, or other fee related to the issuance of any

21 bond or notes issued by the Authority pursuant to Section

22 12c of the Metropolitan Transit Authority Act except

23 compensation due for the preparation of the financial

24 analysis.

25 (b) The Auditor General shall examine the information

26 submitted pursuant to Section 3-2.3(a)(1) through (4) and

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1 submit a report to the General Assembly, the Legislative Audit

2 Commission, the Governor, the Northern Illinois Transit

3 ~~Regional Transportation~~ Authority and the Authority indicating

4 whether (i) the required certifications by the Authority and

5 the Board of Trustees of the Retirement Plan have been made,

6 and (ii) the actuarial reports have been provided, the reports

7 include all required information, the assumptions underlying

8 those reports are not unreasonable in the aggregate, and the

9 reports appear to comply with all pertinent professional

10 standards, including those issued by the Actuarial Standards

11 Board. The Auditor General shall submit such report no later

12 than 60 days after receiving the information required to be

13 submitted by the Authority and the Board of Trustees of the

14 Retirement Plan. Any bonds or notes issued by the Authority

15 under item (1) of subsection (b) of Section 12c of the

16 Metropolitan Transit Authority Act shall be issued within 120

17 days after receiving such report from the Auditor General. The

18 Authority may not issue bonds or notes until it receives the

19 report from the Auditor General indicating the above

20 requirements have been met.

21 (c) The Auditor General shall examine the information

22 submitted pursuant to Section 3-2.3(a)(5) through (8) and

23 submit a report to the General Assembly, the Legislative Audit

24 Commission, the Governor, the Northern Illinois Transit

25 ~~Regional Transportation~~ Authority and the Authority indicating

26 whether (i) the required certifications by the Authority and

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1 the Board of Trustees of the Retiree Health Care Trust have

2 been made, and (ii) the actuarial reports have been provided,

3 the reports include all required information, the assumptions

4 underlying those reports are not unreasonable in the

5 aggregate, and the reports appear to comply with all pertinent

6 professional standards, including those issued by the

7 Actuarial Standards Board. The Auditor General shall submit

8 such report no later than 60 days after receiving the

9 information required to be submitted by the Authority and the

10 Board of Trustees of the Retiree Health Care Trust. Any bonds

11 or notes issued by the Authority under item (2) of subsection

12 (b) of Section 12c of the Metropolitan Transit Authority Act

13 shall be issued within 120 days after receiving such report

14 from the Auditor General. The Authority may not issue bonds or

15 notes until it receives a report from the Auditor General

16 indicating the above requirements have been met.

17 (d) In fulfilling this duty, after receiving the

18 information submitted pursuant to Section 3-2.3(a), the

19 Auditor General may request additional information and support

20 pertaining to the data and conclusions contained in the

21 submitted documents and the Authority, the Board of Trustees

22 of the Retirement Plan and the Board of Trustees of the Retiree

23 Health Care Trust shall cooperate with the Auditor General and

24 provide additional information as requested in a timely

25 manner. The Auditor General may also request from the Northern

26 Illinois Transit ~~Regional Transportation~~ Authority an analysis

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1 of the information submitted by the Authority relating to the

2 sources of funds to be utilized for payment of the proposed

3 bonds or notes of the Authority. The Auditor General's report

4 shall not be in the nature of a post-audit or examination and

5 shall not lead to the issuance of an opinion as that term is

6 defined in generally accepted government auditing standards.

7 (e) Annual Retirement Plan Submission to Auditor General.

8 The Board of Trustees of the Retirement Plan for Chicago

9 Transit Authority Employees established by Section 22-101 of

10 the Illinois Pension Code shall provide the following

11 documents to the Auditor General annually no later than

12 September 30:

13 (1) the most recent audit or examination of the

14 Retirement Plan;

15 (2) an annual statement containing the information

16 specified in Section 1A-109 of the Illinois Pension Code;

17 and

18 (3) a complete actuarial statement applicable to the

19 prior plan year, which may be the annual report of an

20 enrolled actuary retained by the Retirement Plan specified

21 in Section 22-101(e) of the Illinois Pension Code.

22 The Auditor General shall annually examine the information

23 provided pursuant to this subsection and shall submit a report

24 of the analysis thereof to the General Assembly, including the

25 report specified in Section 22-101(e) of the Illinois Pension

26 Code.

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1 (f) The Auditor General shall annually examine the

2 information submitted pursuant to Section 22-101B(b)(3)(iii)

3 of the Illinois Pension Code and shall prepare the

4 determination specified in Section 22-101B(b)(3)(iv) of the

5 Illinois Pension Code.

6 (g) In fulfilling the duties under Sections 3-2.3(e) and

7 (f), the Auditor General may request additional information

8 and support pertaining to the data and conclusions contained

9 in the submitted documents, and the Authority, the Board of

10 Trustees of the Retirement Plan, and the Board of Trustees of

11 the Retiree Health Care Trust shall cooperate with the Auditor

12 General and provide additional information as requested in a

13 timely manner. The Auditor General's review shall not be in

14 the nature of a post-audit or examination and shall not lead to

15 the issuance of an opinion as that term is defined in generally

16 accepted government auditing standards. Upon request of the

17 Auditor General, the Commission on Government Forecasting and

18 Accountability and the Public Pension Division of the

19 Department of Insurance shall cooperate with and assist the

20 Auditor General in the conduct of his review.

21 (h) The Auditor General shall submit a bill to the

22 Authority for costs associated with the examinations and

23 reports specified in subsections (b) and (c) of this Section

24 3-2.3, which the Authority shall reimburse in a timely manner.

25 The costs associated with the examinations and reports which

26 are reimbursed by the Authority shall constitute a cost of

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1 issuance of the bonds or notes under Section 12c(b)(1) and (2)

2 of the Metropolitan Transit Authority Act. The amount received

3 shall be deposited into the fund or funds from which such costs

4 were paid by the Auditor General. The Auditor General shall

5 submit a bill to the Retirement Plan for Chicago Transit

6 Authority Employees for costs associated with the examinations

7 and reports specified in subsection (e) of this Section, which

8 the Retirement Plan for Chicago Transit Authority Employees

9 shall reimburse in a timely manner. The amount received shall

10 be deposited into the fund or funds from which such costs were

11 paid by the Auditor General. The Auditor General shall submit

12 a bill to the Retiree Health Care Trust for costs associated

13 with the determination specified in subsection (f) of this

14 Section, which the Retiree Health Care Trust shall reimburse

15 in a timely manner. The amount received shall be deposited

16 into the fund or funds from which such costs were paid by the

17 Auditor General.

18 (Source: P.A. 103-605, eff. 7-1-24.)

19 Section 15-55. The State Finance Act is amended by

20 changing Sections 5.277, 5.918, 6z-17, 6z-20, 6z-27, 6z-109,

21 8.3, and 8.25g as follows:

22 (30 ILCS 105/5.277) (from Ch. 127, par. 141.277)

23 Sec. 5.277. The Northern Illinois Transit ~~Regional~~

24 ~~Transportation~~ Authority Occupation and Use Tax Replacement

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1 Fund.

2 (Source: P.A. 86-928; 86-1028.)

3 (30 ILCS 105/5.918)

4 Sec. 5.918. The Northern Illinois Transit ~~Regional~~

5 ~~Transportation~~ Authority Capital Improvement Fund.

6 (Source: P.A. 101-31, eff. 6-28-19; 101-32, eff. 6-28-19;

7 102-558, eff. 8-20-21.)

8 (30 ILCS 105/6z-17) (from Ch. 127, par. 142z-17)

9 Sec. 6z-17. State and Local Sales Tax Reform Fund.

10 (a) After deducting the amount transferred to the Tax

11 Compliance and Administration Fund under subsection (b), of

12 the money paid into the State and Local Sales Tax Reform Fund:

13 (i) subject to appropriation to the Department of Revenue,

14 Municipalities having 1,000,000 or more inhabitants shall

15 receive 20% and may expend such amount to fund and establish a

16 program for developing and coordinating public and private

17 resources targeted to meet the affordable housing needs of

18 low-income and very low-income households within such

19 municipality, (ii) 10% shall be transferred into the Northern

20 Illinois Transit ~~Regional Transportation~~ Authority Occupation

21 and Use Tax Replacement Fund, a special fund in the State

22 treasury which is hereby created, (iii) until July 1, 2013,

23 subject to appropriation to the Department of Transportation,

24 the Madison County Mass Transit District shall receive .6%,

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1 and beginning on July 1, 2013, subject to appropriation to the

2 Department of Revenue, 0.6% shall be distributed each month

3 out of the Fund to the Madison County Mass Transit District,

4 (iv) the following amounts, plus any cumulative deficiency in

5 such transfers for prior months, shall be transferred monthly

6 into the Build Illinois Fund and credited to the Build

7 Illinois Bond Account therein:

8	`Fiscal Year`	`Amount`
9	`1990`	`$2,700,000`
10	`1991`	`1,850,000`
11	`1992`	`2,750,000`
12	`1993`	`2,950,000`

13 From Fiscal Year 1994 through Fiscal Year 2025 the

14 transfer shall total $3,150,000 monthly, plus any cumulative

15 deficiency in such transfers for prior months, and (v) the

16 remainder of the money paid into the State and Local Sales Tax

17 Reform Fund shall be transferred into the Local Government

18 Distributive Fund and, except for municipalities with

19 1,000,000 or more inhabitants which shall receive no portion

20 of such remainder, shall be distributed, subject to

21 appropriation, in the manner provided by Section 2 of "An Act

22 in relation to State revenue sharing with local government

23 entities", approved July 31, 1969, as now or hereafter

24 amended. Municipalities with more than 50,000 inhabitants

25 according to the 1980 U.S. Census and located within the Metro

26 East Mass Transit District receiving funds pursuant to

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1 provision (v) of this paragraph may expend such amounts to

2 fund and establish a program for developing and coordinating

3 public and private resources targeted to meet the affordable

4 housing needs of low-income and very low-income households

5 within such municipality.

6 Moneys transferred from the Grocery Tax Replacement Fund

7 to the State and Local Sales Tax Reform Fund under Section

8 6z-130 shall be treated under this Section in the same manner

9 as if they had been remitted with the return on which they were

10 reported.

11 (b) Beginning on the first day of the first calendar month

12 to occur on or after the effective date of this amendatory Act

13 of the 98th General Assembly, each month the Department of

14 Revenue shall certify to the State Comptroller and the State

15 Treasurer, and the State Comptroller shall order transferred

16 and the State Treasurer shall transfer from the State and

17 Local Sales Tax Reform Fund to the Tax Compliance and

18 Administration Fund, an amount equal to 1/12 of 5% of 20% of

19 the cash receipts collected during the preceding fiscal year

20 by the Audit Bureau of the Department of Revenue under the Use

21 Tax Act, the Service Use Tax Act, the Service Occupation Tax

22 Act, the Retailers' Occupation Tax Act, and associated local

23 occupation and use taxes administered by the Department. The

24 amount distributed under subsection (a) each month shall first

25 be reduced by the amount transferred to the Tax Compliance and

26 Administration Fund under this subsection (b). Moneys

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1 transferred to the Tax Compliance and Administration Fund

2 under this subsection (b) shall be used, subject to

3 appropriation, to fund additional auditors and compliance

4 personnel at the Department of Revenue.

5 (Source: P.A. 102-700, eff. 4-19-22.)

6 (30 ILCS 105/6z-20) (from Ch. 127, par. 142z-20)

7 Sec. 6z-20. County and Mass Transit District Fund. Of the

8 money received from the 6.25% general rate (and, beginning

9 July 1, 2000 and through December 31, 2000, the 1.25% rate on

10 motor fuel and gasohol, and beginning on August 6, 2010

11 through August 15, 2010, and beginning again on August 5, 2022

12 through August 14, 2022, the 1.25% rate on sales tax holiday

13 items) on sales subject to taxation under the Retailers'

14 Occupation Tax Act and Service Occupation Tax Act and paid

15 into the County and Mass Transit District Fund, distribution

16 to the Northern Illinois Transit ~~Regional Transportation~~

17 Authority tax fund, created pursuant to Section 4.03 of the

18 Northern Illinois Transit ~~Regional Transportation~~ Authority

19 Act, for deposit therein shall be made based upon the retail

20 sales occurring in a county having more than 3,000,000

21 inhabitants. The remainder shall be distributed to each county

22 having 3,000,000 or fewer inhabitants based upon the retail

23 sales occurring in each such county.

24 For the purpose of determining allocation to the local

25 government unit, a retail sale by a producer of coal or other

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1 mineral mined in Illinois is a sale at retail at the place

2 where the coal or other mineral mined in Illinois is extracted

3 from the earth. This paragraph does not apply to coal or other

4 mineral when it is delivered or shipped by the seller to the

5 purchaser at a point outside Illinois so that the sale is

6 exempt under the United States Constitution as a sale in

7 interstate or foreign commerce.

8 Of the money received from the 6.25% general use tax rate

9 on tangible personal property which is purchased outside

10 Illinois at retail from a retailer and which is titled or

11 registered by any agency of this State's government and paid

12 into the County and Mass Transit District Fund, the amount for

13 which Illinois addresses for titling or registration purposes

14 are given as being in each county having more than 3,000,000

15 inhabitants shall be distributed into the Northern Illinois

16 Transit ~~Regional Transportation~~ Authority tax fund, created

17 pursuant to Section 4.03 of the Northern Illinois Transit

18 ~~Regional Transportation~~ Authority Act. The remainder of the

19 money paid from such sales shall be distributed to each county

20 based on sales for which Illinois addresses for titling or

21 registration purposes are given as being located in the

22 county. Any money paid into the Northern Illinois Transit

23 ~~Regional Transportation~~ Authority Occupation and Use Tax

24 Replacement Fund from the County and Mass Transit District

25 Fund prior to January 14, 1991, which has not been paid to the

26 Authority prior to that date, shall be transferred to the

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1 Northern Illinois Transit ~~Regional Transportation~~ Authority

2 tax fund.

3 Whenever the Department determines that a refund of money

4 paid into the County and Mass Transit District Fund should be

5 made to a claimant instead of issuing a credit memorandum, the

6 Department shall notify the State Comptroller, who shall cause

7 the order to be drawn for the amount specified, and to the

8 person named, in such notification from the Department. Such

9 refund shall be paid by the State Treasurer out of the County

10 and Mass Transit District Fund.

11 As soon as possible after the first day of each month,

12 beginning January 1, 2011, upon certification of the

13 Department of Revenue, the Comptroller shall order

14 transferred, and the Treasurer shall transfer, to the STAR

15 Bonds Revenue Fund the local sales tax increment, as defined

16 in the Innovation Development and Economy Act, collected

17 during the second preceding calendar month for sales within a

18 STAR bond district and deposited into the County and Mass

19 Transit District Fund, less 3% of that amount, which shall be

20 transferred into the Tax Compliance and Administration Fund

21 and shall be used by the Department, subject to appropriation,

22 to cover the costs of the Department in administering the

23 Innovation Development and Economy Act.

24 After the monthly transfer to the STAR Bonds Revenue Fund,

25 on or before the 25th day of each calendar month, the

26 Department shall prepare and certify to the Comptroller the

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1 disbursement of stated sums of money to the Northern Illinois

2 Transit ~~Regional Transportation~~ Authority and to named

3 counties, the counties to be those entitled to distribution,

4 as hereinabove provided, of taxes or penalties paid to the

5 Department during the second preceding calendar month. The

6 amount to be paid to the Northern Illinois Transit ~~Regional~~

7 ~~Transportation~~ Authority and each county having 3,000,000 or

8 fewer inhabitants shall be the amount (not including credit

9 memoranda) collected during the second preceding calendar

10 month by the Department and paid into the County and Mass

11 Transit District Fund, plus an amount the Department

12 determines is necessary to offset any amounts which were

13 erroneously paid to a different taxing body, and not including

14 an amount equal to the amount of refunds made during the second

15 preceding calendar month by the Department, and not including

16 any amount which the Department determines is necessary to

17 offset any amounts which were payable to a different taxing

18 body but were erroneously paid to the Northern Illinois

19 Transit ~~Regional Transportation~~ Authority or county, and not

20 including any amounts that are transferred to the STAR Bonds

21 Revenue Fund, less 1.5% of the amount to be paid to the

22 Northern Illinois Transit ~~Regional Transportation~~ Authority,

23 which shall be transferred into the Tax Compliance and

24 Administration Fund. The Department, at the time of each

25 monthly disbursement to the Northern Illinois Transit ~~Regional~~

26 ~~Transportation~~ Authority, shall prepare and certify to the

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1 State Comptroller the amount to be transferred into the Tax

2 Compliance and Administration Fund under this Section. Within

3 10 days after receipt, by the Comptroller, of the disbursement

4 certification to the Northern Illinois Transit ~~Regional~~

5 ~~Transportation~~ Authority, counties, and the Tax Compliance and

6 Administration Fund provided for in this Section to be given

7 to the Comptroller by the Department, the Comptroller shall

8 cause the orders to be drawn for the respective amounts in

9 accordance with the directions contained in such

10 certification.

11 When certifying the amount of a monthly disbursement to

12 the Northern Illinois Transit ~~Regional Transportation~~

13 Authority or to a county under this Section, the Department

14 shall increase or decrease that amount by an amount necessary

15 to offset any misallocation of previous disbursements. The

16 offset amount shall be the amount erroneously disbursed within

17 the 6 months preceding the time a misallocation is discovered.

18 The provisions directing the distributions from the

19 special fund in the State Treasury provided for in this

20 Section and from the Northern Illinois Transit ~~Regional~~

21 ~~Transportation~~ Authority tax fund created by Section 4.03 of

22 the Northern Illinois Transit ~~Regional Transportation~~

23 Authority Act shall constitute an irrevocable and continuing

24 appropriation of all amounts as provided herein. The State

25 Treasurer and State Comptroller are hereby authorized to make

26 distributions as provided in this Section.

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1 In construing any development, redevelopment, annexation,

2 preannexation or other lawful agreement in effect prior to

3 September 1, 1990, which describes or refers to receipts from

4 a county or municipal retailers' occupation tax, use tax or

5 service occupation tax which now cannot be imposed, such

6 description or reference shall be deemed to include the

7 replacement revenue for such abolished taxes, distributed from

8 the County and Mass Transit District Fund or Local Government

9 Distributive Fund, as the case may be.

10 (Source: P.A. 102-700, eff. 4-19-22.)

11 (30 ILCS 105/6z-27)

12 Sec. 6z-27. All moneys in the Audit Expense Fund shall be

13 transferred, appropriated and used only for the purposes

14 authorized by, and subject to the limitations and conditions

15 prescribed by, the Illinois State Auditing Act.

16 Within 30 days after July 1, 2024, or as soon thereafter as

17 practical, the State Comptroller shall order transferred and

18 the State Treasurer shall transfer from the following funds

19 moneys in the specified amounts for deposit into the Audit

20 Expense Fund:

21 Attorney General Court Ordered and Voluntary

22 Compliance Payment Projects Fund..................$22,470

23 Aggregate Operations Regulatory Fund.....................$605

24 Agricultural Premium Fund.............................$21,002

25 Attorney General's State Projects and

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1 Court Ordered Distribution Fund...................$36,873

2 Anna Veterans Home Fund................................$1,205

3 Appraisal Administration Fund..........................$2,670

4 Attorney General Whistleblower Reward

5 and Protection Fund..................................$938

6 Bank and Trust Company Fund...........................$82,945

7 Brownfields Redevelopment Fund.........................$1,893

8 Cannabis Business Development Fund....................$15,750

9 Cannabis Expungement Fund..............................$2,511

10 Capital Development Board Revolving Fund...............$4,668

11 Care Provider Fund for Persons with

12 a Developmental Disability.........................$6,794

13 CDLIS/AAMVAnet/NMVTIS Trust Fund.......................$1,679

14 Cemetery Oversight Licensing and Disciplinary Fund.....$6,187

15 Chicago State University Education Improvement Fund...$16,893

16 Chicago Travel Industry Promotion Fund.................$9,146

17 Child Support Administrative Fund......................$2,669

18 Clean Air Act Permit Fund.............................$11,283

19 Coal Technology Development Assistance Fund...........$22,087

20 Community Association Manager

21 Licensing and Disciplinary Fund....................$1,178

22 Commitment to Human Services Fund ...................$259,050

23 Common School Fund ..................................$385,362

24 Community Mental Health Medicaid Trust Fund............$6,972

25 Community Water Supply Laboratory Fund...................$835

26 Credit Union Fund.....................................$21,944

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1 Cycle Rider Safety Training Fund.........................$704

2 DCFS Children's Services Fund........................$164,036

3 Department of Business Services Special Operations Fund.$4,564

4 Department of Corrections Reimbursement

5 and Education Fund................................$23,892

6 Design Professionals Administration

7 and Investigation Fund.............................$3,892

8 Department of Human Services Community Services Fund...$6,314

9 Downstate Public Transportation Fund..................$40,428

10 Drivers Education Fund...................................$904

11 Drug Rebate Fund......................................$40,707

12 Drug Treatment Fund......................................$810

13 Drycleaner Environmental Response Trust Fund...........$1,555

14 Education Assistance Fund..........................$2,347,928

15 Electric Vehicle Rebate Fund..........................$24,101

16 Energy Efficiency Trust Fund.............................$955

17 Energy Transition Assistance Fund......................$1,193

18 Environmental Protection Permit and Inspection Fund...$17,475

19 Facilities Management Revolving Fund..................$21,298

20 Fair and Exposition Fund.................................$782

21 Federal Asset Forfeiture Fund..........................$1,195

22 Federal High Speed Rail Trust Fund.......................$910

23 Federal Workforce Training Fund......................$113,609

24 Feed Control Fund......................................$1,263

25 Fertilizer Control Fund..................................$778

26 Fire Prevention Fund...................................$4,470

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1 Freedom Schools Fund.....................................$636

2 Fund for the Advancement of Education.................$61,767

3 General Professions Dedicated Fund....................$36,108

4 General Revenue Fund..............................$17,653,153

5 Grade Crossing Protection Fund.........................$7,759

6 Hazardous Waste Fund...................................$9,036

7 Health and Human Services Medicaid Trust Fund............$793

8 Healthcare Provider Relief Fund......................$209,863

9 Historic Property Administrative Fund....................$791

10 Horse Racing Fund....................................$233,685

11 Hospital Provider Fund................................$66,984

12 Illinois Affordable Housing Trust Fund................$30,424

13 Illinois Charity Bureau Fund...........................$2,025

14 Illinois Clean Water Fund.............................$18,928

15 Illinois Forestry Development Fund....................$13,054

16 Illinois Gaming Law Enforcement Fund...................$1,411

17 IMSA Income Fund......................................$10,499

18 Illinois Military Family Relief Fund...................$2,963

19 Illinois National Guard Construction Fund..............$4,944

20 Illinois Power Agency Operations Fund................$154,375

21 Illinois State Dental Disciplinary Fund................$3,947

22 Illinois State Fair Fund...............................$5,871

23 Illinois State Medical Disciplinary Fund..............$32,809

24 Illinois State Pharmacy Disciplinary Fund.............$10,993

25 Illinois Student Assistance Commission

26 Contracts and Grants Fund............................$950

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LRB104 09876 RTM 26895 a

1 Illinois Veterans Assistance Fund......................$2,738

2 Illinois Veterans' Rehabilitation Fund...................$685

3 Illinois Wildlife Preservation Fund....................$2,646

4 Illinois Workers' Compensation Commission

5 Operations Fund...................................$94,942

6 Illinois Works Fund....................................$5,577

7 Income Tax Refund Fund...............................$232,364

8 Insurance Financial Regulation Fund..................$158,266

9 Insurance Premium Tax Refund Fund.....................$10,972

10 Insurance Producer Administration Fund...............$208,185

11 International Tourism Fund.............................$1,317

12 LaSalle Veterans Home Fund.............................$2,656

13 Law Enforcement Recruitment and Retention Fund........$10,249

14 Law Enforcement Training Fund.........................$28,714

15 LEADS Maintenance Fund...................................$573

16 Live and Learn Fund....................................$8,419

17 Local Government Distributive Fund...................$120,745

18 Local Tourism Fund....................................$16,582

19 Long Term Care Ombudsman Fund............................$635

20 Long-Term Care Provider Fund..........................$10,352

21 Manteno Veterans Home Fund.............................$3,941

22 Mental Health Fund.....................................$3,560

23 Mental Health Reporting Fund.............................$878

24 Military Affairs Trust Fund............................$1,017

25 Monitoring Device Driving Permit

26 Administration Fee Fund..............................$657

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1 Motor Carrier Safety Inspection Fund...................$1,892

2 Motor Fuel Tax Fund..................................$124,570

3 Motor Vehicle License Plate Fund.......................$6,363

4 Nursing Dedicated and Professional Fund...............$14,671

5 Off-Highway Vehicle Trails Fund........................$1,431

6 Open Space Lands Acquisition and Development Fund.....$67,764

7 Optometric Licensing and Disciplinary Board Fund.........$922

8 Parity Advancement Fund................................$9,349

9 Partners For Conservation Fund........................$25,309

10 Pawnbroker Regulation Fund...............................$659

11 Pension Stabilization Fund.............................$3,009

12 Personal Property Tax Replacement Fund...............$251,569

13 Pesticide Control Fund.................................$4,715

14 Prisoner Review Board Vehicle and Equipment Fund.......$3,035

15 Professional Services Fund.............................$3,093

16 Professions Indirect Cost Fund.......................$194,398

17 Public Pension Regulation Fund.........................$3,519

18 Public Transportation Fund...........................$108,264

19 Quincy Veterans Home Fund.............................$25,455

20 Real Estate License Administration Fund...............$27,976

21 Rebuild Illinois Projects Fund.........................$3,682

22 Northern Illinois Transit ~~Regional Transportation~~ Authority

23 Occupation and Use Tax

24 Replacement Fund...................................$3,226

25 Registered Certified Public Accountants' Administration

26 and Disciplinary Fund..............................$3,213

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1 Renewable Energy Resources Trust Fund..................$2,463

2 Rental Housing Support Program Fund......................$560

3 Residential Finance Regulatory Fund...................$21,672

4 Road Fund............................................$524,729

5 Salmon Fund..............................................$837

6 Savings Bank Regulatory Fund.............................$528

7 School Infrastructure Fund............................$10,122

8 Secretary of State DUI Administration Fund.............$1,021

9 Secretary of State Identification Security and

10 Theft Prevention Fund..............................$4,877

11 Secretary of State Special License Plate Fund..........$1,410

12 Secretary of State Special Services Fund..............$11,665

13 Securities Audit and Enforcement Fund..................$2,279

14 Serve Illinois Commission Fund...........................$950

15 Snowmobile Trail Establishment Fund......................$653

16 Solid Waste Management Fund...........................$17,540

17 Special Education Medicaid Matching Fund...............$2,916

18 Sports Wagering Fund..................................$14,696

19 State Police Law Enforcement Administration Fund.......$3,635

20 State and Local Sales Tax Reform Fund..................$6,676

21 State Asset Forfeiture Fund............................$1,445

22 State Aviation Program Fund............................$2,125

23 State Construction Account Fund......................$151,079

24 State Crime Laboratory Fund............................$6,342

25 State Gaming Fund....................................$216,475

26 State Garage Revolving Fund............................$4,892

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1 State Lottery Fund...................................$106,169

2 State Pensions Fund .................................$500,000

3 State Police Firearm Services Fund....................$16,049

4 State Police Services Fund............................$20,688

5 State Police Vehicle Fund..............................$7,562

6 State Police Whistleblower Reward

7 and Protection Fund................................$3,858

8 State Small Business Credit Initiative Fund...........$20,739

9 State's Attorneys Appellate

10 Prosecutor's County Fund..........................$20,621

11 Subtitle D Management Fund.............................$2,669

12 Supplemental Low-Income Energy Assistance Fund.......$158,173

13 Tax Compliance and Administration Fund.................$3,789

14 Technology Management Revolving Fund.................$620,435

15 Tobacco Settlement Recovery Fund.......................$4,747

16 Tourism Promotion Fund................................$46,998

17 Traffic and Criminal Conviction Surcharge Fund........$41,173

18 Underground Storage Tank Fund.........................$31,314

19 University of Illinois Hospital Services Fund..........$3,257

20 Vehicle Hijacking and Motor Vehicle Theft

21 Prevention and Insurance Verification Trust Fund...$8,183

22 Vehicle Inspection Fund...............................$19,811

23 Weights and Measures Fund..............................$3,636

24 Notwithstanding any provision of the law to the contrary,

25 the General Assembly hereby authorizes the use of such funds

26 for the purposes set forth in this Section.

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1 These provisions do not apply to funds classified by the

2 Comptroller as federal trust funds or State trust funds. The

3 Audit Expense Fund may receive transfers from those trust

4 funds only as directed herein, except where prohibited by the

5 terms of the trust fund agreement. The Auditor General shall

6 notify the trustees of those funds of the estimated cost of the

7 audit to be incurred under the Illinois State Auditing Act for

8 the fund. The trustees of those funds shall direct the State

9 Comptroller and Treasurer to transfer the estimated amount to

10 the Audit Expense Fund.

11 The Auditor General may bill entities that are not subject

12 to the above transfer provisions, including private entities,

13 related organizations and entities whose funds are

14 locally-held, for the cost of audits, studies, and

15 investigations incurred on their behalf. Any revenues received

16 under this provision shall be deposited into the Audit Expense

17 Fund.

18 In the event that moneys on deposit in any fund are

19 unavailable, by reason of deficiency or any other reason

20 preventing their lawful transfer, the State Comptroller shall

21 order transferred and the State Treasurer shall transfer the

22 amount deficient or otherwise unavailable from the General

23 Revenue Fund for deposit into the Audit Expense Fund.

24 On or before December 1, 1992, and each December 1

25 thereafter, the Auditor General shall notify the Governor's

26 Office of Management and Budget (formerly Bureau of the

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1 Budget) of the amount estimated to be necessary to pay for

2 audits, studies, and investigations in accordance with the

3 Illinois State Auditing Act during the next succeeding fiscal

4 year for each State fund for which a transfer or reimbursement

5 is anticipated.

6 Beginning with fiscal year 1994 and during each fiscal

7 year thereafter, the Auditor General may direct the State

8 Comptroller and Treasurer to transfer moneys from funds

9 authorized by the General Assembly for that fund. In the event

10 funds, including federal and State trust funds but excluding

11 the General Revenue Fund, are transferred, during fiscal year

12 1994 and during each fiscal year thereafter, in excess of the

13 amount to pay actual costs attributable to audits, studies,

14 and investigations as permitted or required by the Illinois

15 State Auditing Act or specific action of the General Assembly,

16 the Auditor General shall, on September 30, or as soon

17 thereafter as is practicable, direct the State Comptroller and

18 Treasurer to transfer the excess amount back to the fund from

19 which it was originally transferred.

20 (Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22;

21 103-8, eff. 6-7-23; 103-129, eff. 6-30-23; 103-588, eff.

22 6-5-24.)

23 (30 ILCS 105/6z-109)

24 Sec. 6z-109. Northern Illinois Transit ~~Regional~~

25 ~~Transportation~~ Authority Capital Improvement Fund.

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1 (a) The Northern Illinois Transit ~~Regional Transportation~~

2 Authority Capital Improvement Fund is created as a special

3 fund in the State treasury and shall receive a portion of the

4 moneys deposited into the Transportation Renewal Fund from

5 Motor Fuel Tax revenues pursuant to Section 8b of the Motor

6 Fuel Tax Law.

7 (b) Money in the Northern Illinois Transit ~~Regional~~

8 ~~Transportation~~ Authority Capital Improvement Fund shall be

9 used exclusively for transportation-related purposes as

10 described in Section 11 of Article IX of the Illinois

11 Constitution of 1970.

12 (Source: P.A. 101-30, eff. 6-28-19.)

13 (30 ILCS 105/8.3)

14 Sec. 8.3. Money in the Road Fund shall, if and when the

15 State of Illinois incurs any bonded indebtedness for the

16 construction of permanent highways, be set aside and used for

17 the purpose of paying and discharging annually the principal

18 and interest on that bonded indebtedness then due and payable,

19 and for no other purpose. The surplus, if any, in the Road Fund

20 after the payment of principal and interest on that bonded

21 indebtedness then annually due shall be used as follows:

22 first -- to pay the cost of administration of Chapters

23 2 through 10 of the Illinois Vehicle Code, except the cost

24 of administration of Articles I and II of Chapter 3 of that

25 Code, and to pay the costs of the Executive Ethics

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1 Commission for oversight and administration of the Chief

2 Procurement Officer appointed under paragraph (2) of

3 subsection (a) of Section 10-20 of the Illinois

4 Procurement Code for transportation; and

5 secondly -- for expenses of the Department of

6 Transportation for construction, reconstruction,

7 improvement, repair, maintenance, operation, and

8 administration of highways in accordance with the

9 provisions of laws relating thereto, or for any purpose

10 related or incident to and connected therewith, including

11 the separation of grades of those highways with railroads

12 and with highways and including the payment of awards made

13 by the Illinois Workers' Compensation Commission under the

14 terms of the Workers' Compensation Act or Workers'

15 Occupational Diseases Act for injury or death of an

16 employee of the Division of Highways in the Department of

17 Transportation; or for the acquisition of land and the

18 erection of buildings for highway purposes, including the

19 acquisition of highway right-of-way or for investigations

20 to determine the reasonably anticipated future highway

21 needs; or for making of surveys, plans, specifications and

22 estimates for and in the construction and maintenance of

23 flight strips and of highways necessary to provide access

24 to military and naval reservations, to defense industries

25 and defense-industry sites, and to the sources of raw

26 materials and for replacing existing highways and highway

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LRB104 09876 RTM 26895 a

1 connections shut off from general public use at military

2 and naval reservations and defense-industry sites, or for

3 the purchase of right-of-way, except that the State shall

4 be reimbursed in full for any expense incurred in building

5 the flight strips; or for the operating and maintaining of

6 highway garages; or for patrolling and policing the public

7 highways and conserving the peace; or for the operating

8 expenses of the Department relating to the administration

9 of public transportation programs; or, during fiscal year

10 2024, for the purposes of a grant not to exceed $9,108,400

11 to the Northern Illinois Transit ~~Regional Transportation~~

12 Authority on behalf of PACE for the purpose of

13 ADA/Para-transit expenses; or, during fiscal year 2025,

14 for the purposes of a grant not to exceed $10,020,000 to

15 the Northern Illinois Transit ~~Regional Transportation~~

16 Authority on behalf of PACE for the purpose of

17 ADA/Para-transit expenses; or for any of those purposes or

18 any other purpose that may be provided by law.

19 Appropriations for any of those purposes are payable from

20 the Road Fund. Appropriations may also be made from the Road

21 Fund for the administrative expenses of any State agency that

22 are related to motor vehicles or arise from the use of motor

23 vehicles.

24 Beginning with fiscal year 1980 and thereafter, no Road

25 Fund monies shall be appropriated to the following Departments

26 or agencies of State government for administration, grants, or

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LRB104 09876 RTM 26895 a

1 operations; but this limitation is not a restriction upon

2 appropriating for those purposes any Road Fund monies that are

3 eligible for federal reimbursement:

4 1. Department of Public Health;

5 2. Department of Transportation, only with respect to

6 subsidies for one-half fare Student Transportation and

7 Reduced Fare for Elderly, except fiscal year 2024 when no

8 more than $19,063,500 may be expended and except fiscal

9 year 2025 when no more than $20,969,900 may be expended;

10 3. Department of Central Management Services, except

11 for expenditures incurred for group insurance premiums of

12 appropriate personnel;

13 4. Judicial Systems and Agencies.

14 Beginning with fiscal year 1981 and thereafter, no Road

15 Fund monies shall be appropriated to the following Departments

16 or agencies of State government for administration, grants, or

17 operations; but this limitation is not a restriction upon

18 appropriating for those purposes any Road Fund monies that are

19 eligible for federal reimbursement:

20 1. Illinois State Police, except for expenditures with

21 respect to the Division of Patrol and Division of Criminal

22 Investigation;

23 2. Department of Transportation, only with respect to

24 Intercity Rail Subsidies, except fiscal year 2024 when no

25 more than $60,000,000 may be expended and except fiscal

26 year 2025 when no more than $67,000,000 may be expended,

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LRB104 09876 RTM 26895 a

1 and Rail Freight Services.

2 Beginning with fiscal year 1982 and thereafter, no Road

3 Fund monies shall be appropriated to the following Departments

4 or agencies of State government for administration, grants, or

5 operations; but this limitation is not a restriction upon

6 appropriating for those purposes any Road Fund monies that are

7 eligible for federal reimbursement: Department of Central

8 Management Services, except for awards made by the Illinois

9 Workers' Compensation Commission under the terms of the

10 Workers' Compensation Act or Workers' Occupational Diseases

11 Act for injury or death of an employee of the Division of

12 Highways in the Department of Transportation.

13 Beginning with fiscal year 1984 and thereafter, no Road

14 Fund monies shall be appropriated to the following Departments

15 or agencies of State government for administration, grants, or

16 operations; but this limitation is not a restriction upon

17 appropriating for those purposes any Road Fund monies that are

18 eligible for federal reimbursement:

19 1. Illinois State Police, except not more than 40% of

20 the funds appropriated for the Division of Patrol and

21 Division of Criminal Investigation;

22 2. State Officers.

23 Beginning with fiscal year 1984 and thereafter, no Road

24 Fund monies shall be appropriated to any Department or agency

25 of State government for administration, grants, or operations

26 except as provided hereafter; but this limitation is not a

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LRB104 09876 RTM 26895 a

1 restriction upon appropriating for those purposes any Road

2 Fund monies that are eligible for federal reimbursement. It

3 shall not be lawful to circumvent the above appropriation

4 limitations by governmental reorganization or other methods.

5 Appropriations shall be made from the Road Fund only in

6 accordance with the provisions of this Section.

7 Money in the Road Fund shall, if and when the State of

8 Illinois incurs any bonded indebtedness for the construction

9 of permanent highways, be set aside and used for the purpose of

10 paying and discharging during each fiscal year the principal

11 and interest on that bonded indebtedness as it becomes due and

12 payable as provided in the General Obligation Bond Act, and

13 for no other purpose. The surplus, if any, in the Road Fund

14 after the payment of principal and interest on that bonded

15 indebtedness then annually due shall be used as follows:

16 first -- to pay the cost of administration of Chapters

17 2 through 10 of the Illinois Vehicle Code; and

18 secondly -- no Road Fund monies derived from fees,

19 excises, or license taxes relating to registration,

20 operation and use of vehicles on public highways or to

21 fuels used for the propulsion of those vehicles, shall be

22 appropriated or expended other than for costs of

23 administering the laws imposing those fees, excises, and

24 license taxes, statutory refunds and adjustments allowed

25 thereunder, administrative costs of the Department of

26 Transportation, including, but not limited to, the

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LRB104 09876 RTM 26895 a

1 operating expenses of the Department relating to the

2 administration of public transportation programs, payment

3 of debts and liabilities incurred in construction and

4 reconstruction of public highways and bridges, acquisition

5 of rights-of-way for and the cost of construction,

6 reconstruction, maintenance, repair, and operation of

7 public highways and bridges under the direction and

8 supervision of the State, political subdivision, or

9 municipality collecting those monies, or during fiscal

10 year 2024 for the purposes of a grant not to exceed

11 $9,108,400 to the Northern Illinois Transit ~~Regional~~

12 ~~Transportation~~ Authority on behalf of PACE for the purpose

13 of ADA/Para-transit expenses, or during fiscal year 2025

14 for the purposes of a grant not to exceed $10,020,000 to

15 the Northern Illinois Transit ~~Regional Transportation~~

16 Authority on behalf of PACE for the purpose of

17 ADA/Para-transit expenses, and the costs for patrolling

18 and policing the public highways (by the State, political

19 subdivision, or municipality collecting that money) for

20 enforcement of traffic laws. The separation of grades of

21 such highways with railroads and costs associated with

22 protection of at-grade highway and railroad crossing shall

23 also be permissible.

24 Appropriations for any of such purposes are payable from

25 the Road Fund or the Grade Crossing Protection Fund as

26 provided in Section 8 of the Motor Fuel Tax Law.

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1 Except as provided in this paragraph, beginning with

2 fiscal year 1991 and thereafter, no Road Fund monies shall be

3 appropriated to the Illinois State Police for the purposes of

4 this Section in excess of its total fiscal year 1990 Road Fund

5 appropriations for those purposes unless otherwise provided in

6 Section 5g of this Act. For fiscal years 2003, 2004, 2005,

7 2006, and 2007 only, no Road Fund monies shall be appropriated

8 to the Department of State Police for the purposes of this

9 Section in excess of $97,310,000. For fiscal year 2008 only,

10 no Road Fund monies shall be appropriated to the Department of

11 State Police for the purposes of this Section in excess of

12 $106,100,000. For fiscal year 2009 only, no Road Fund monies

13 shall be appropriated to the Department of State Police for

14 the purposes of this Section in excess of $114,700,000.

15 Beginning in fiscal year 2010, no Road Fund moneys shall be

16 appropriated to the Illinois State Police. It shall not be

17 lawful to circumvent this limitation on appropriations by

18 governmental reorganization or other methods unless otherwise

19 provided in Section 5g of this Act.

20 In fiscal year 1994, no Road Fund monies shall be

21 appropriated to the Secretary of State for the purposes of

22 this Section in excess of the total fiscal year 1991 Road Fund

23 appropriations to the Secretary of State for those purposes,

24 plus $9,800,000. It shall not be lawful to circumvent this

25 limitation on appropriations by governmental reorganization or

26 other method.

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1 Beginning with fiscal year 1995 and thereafter, no Road

2 Fund monies shall be appropriated to the Secretary of State

3 for the purposes of this Section in excess of the total fiscal

4 year 1994 Road Fund appropriations to the Secretary of State

5 for those purposes. It shall not be lawful to circumvent this

6 limitation on appropriations by governmental reorganization or

7 other methods.

8 Beginning with fiscal year 2000, total Road Fund

9 appropriations to the Secretary of State for the purposes of

10 this Section shall not exceed the amounts specified for the

11 following fiscal years:

12	`Fiscal Year 2000`	`$80,500,000;`
13	`Fiscal Year 2001`	`$80,500,000;`
14	`Fiscal Year 2002`	`$80,500,000;`
15	`Fiscal Year 2003`	`$130,500,000;`
16	`Fiscal Year 2004`	`$130,500,000;`
17	`Fiscal Year 2005`	`$130,500,000;`
18	`Fiscal Year 2006`	`$130,500,000;`
19	`Fiscal Year 2007`	`$130,500,000;`
20	`Fiscal Year 2008`	`$130,500,000;`
21	`Fiscal Year 2009`	`$130,500,000.`

22 For fiscal year 2010, no road fund moneys shall be

23 appropriated to the Secretary of State.

24 Beginning in fiscal year 2011, moneys in the Road Fund

25 shall be appropriated to the Secretary of State for the

26 exclusive purpose of paying refunds due to overpayment of fees

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1 related to Chapter 3 of the Illinois Vehicle Code unless

2 otherwise provided for by law.

3 Beginning in fiscal year 2025, moneys in the Road Fund may

4 be appropriated to the Environmental Protection Agency for the

5 exclusive purpose of making deposits into the Electric Vehicle

6 Rebate Fund, subject to appropriation, to be used for purposes

7 consistent with Section 11 of Article IX of the Illinois

8 Constitution.

9 It shall not be lawful to circumvent this limitation on

10 appropriations by governmental reorganization or other

11 methods.

12 No new program may be initiated in fiscal year 1991 and

13 thereafter that is not consistent with the limitations imposed

14 by this Section for fiscal year 1984 and thereafter, insofar

15 as appropriation of Road Fund monies is concerned.

16 Nothing in this Section prohibits transfers from the Road

17 Fund to the State Construction Account Fund under Section 5e

18 of this Act; nor to the General Revenue Fund, as authorized by

19 Public Act 93-25.

20 The additional amounts authorized for expenditure in this

21 Section by Public Acts 92-0600, 93-0025, 93-0839, and 94-91

22 shall be repaid to the Road Fund from the General Revenue Fund

23 in the next succeeding fiscal year that the General Revenue

24 Fund has a positive budgetary balance, as determined by

25 generally accepted accounting principles applicable to

26 government.

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1 The additional amounts authorized for expenditure by the

2 Secretary of State and the Department of State Police in this

3 Section by Public Act 94-91 shall be repaid to the Road Fund

4 from the General Revenue Fund in the next succeeding fiscal

5 year that the General Revenue Fund has a positive budgetary

6 balance, as determined by generally accepted accounting

7 principles applicable to government.

8 (Source: P.A. 102-16, eff. 6-17-21; 102-538, eff. 8-20-21;

9 102-699, eff. 4-19-22; 102-813, eff. 5-13-22; 103-8, eff.

10 6-7-23; 103-34, eff. 1-1-24; 103-588, eff. 6-5-24; 103-605,

11 eff. 7-1-24; 103-616, eff. 7-1-24; revised 8-5-24.)

12 (30 ILCS 105/8.25g)

13 Sec. 8.25g. The Civic and Transit Infrastructure Fund. The

14 Civic and Transit Infrastructure Fund is created as a special

15 fund in the State Treasury. Money in the Civic and Transit

16 Infrastructure Fund shall, when the State of Illinois incurs

17 infrastructure indebtedness pursuant to the public-private

18 partnership entered into by the public agency on behalf of the

19 State of Illinois with private entity pursuant to the

20 Public-Private Partnership for Civic and Transit

21 Infrastructure Project Act, be used for the purpose of paying

22 and discharging monthly the principal and interest on that

23 infrastructure indebtedness then due and payable consistent

24 with the term established in the public-private agreement

25 entered into by the public agency on behalf of the State of

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1 Illinois. The public agency shall, pursuant to its authority

2 under the Public-Private Partnership for Civic and Transit

3 Infrastructure Project Act, annually certify to the State

4 Comptroller and the State Treasurer the amount necessary and

5 required, during the fiscal year with respect to which the

6 certification is made, to pay the amounts due under the

7 Public-Private Partnership for Civic and Transit

8 Infrastructure Project Act. On or before the last day of each

9 month, the State Comptroller and State Treasurer shall

10 transfer the moneys required to be deposited into the Fund

11 under Section 3 of the Retailers' Occupation Tax Act and the

12 Public-Private Partnership for Civic and Transit

13 Infrastructure Project Act and shall pay from that Fund the

14 required amount certified by the public agency, plus any

15 cumulative deficiency in such transfers and payments for prior

16 months, to the public agency for distribution pursuant to the

17 Public-Private Partnership for Civic and Transit

18 Infrastructure Project Act. Such transferred amount shall be

19 sufficient to pay all amounts due under the Public-Private

20 Partnership for Civic and Transit Infrastructure Project Act.

21 Provided that all amounts deposited in the Fund have been paid

22 accordingly under the Public-Private Partnership for Civic and

23 Transit Infrastructure Project Act, all amounts remaining in

24 the Civic and Transit Infrastructure Fund shall be held in

25 that Fund for other subsequent payments required under the

26 Public-Private Partnership for Civic and Transit

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1 Infrastructure Project Act. In the event the State fails to

2 pay the amount necessary and required under the Public-Private

3 Partnership for Civic and Transit Infrastructure Project Act

4 for any reason during the fiscal year with respect to which the

5 certification is made or if the State takes any steps that

6 result in an impact to the irrevocable, first priority pledge

7 of and lien on moneys on deposit in the Civic and Transit

8 Infrastructure Fund, the public agency shall certify such

9 delinquent amounts to the State Comptroller and the State

10 Treasurer and the State Comptroller and the State Treasurer

11 shall take all steps required to intercept the tax revenues

12 collected from within the boundary of the civic transit

13 infrastructure project pursuant to Section 3 of the Retailers'

14 Occupation Tax Act, Section 9 of the Use Tax Act, Section 9 of

15 the Service Use Tax Act, Section 9 of the Service Occupation

16 Tax Act, Section 4.03 of the Northern Illinois Transit

17 ~~Regional Transportation~~ Authority Act, and Section 6 of the

18 Hotel Operators' Occupation Tax Act, and shall pay such

19 amounts to the Fund for distribution by the public agency for

20 the time period required to ensure that the State's

21 distribution requirements under the Public-Private Partnership

22 for Civic and Transit Infrastructure Project Act are fully

23 met.

24 As used in the Section, "private entity", "public-private

25 agreement", and "public agency" have meanings provided in

26 Section 25-10 of the Public-Private Partnership for Civic and

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1 Transit Infrastructure Project Act.

2 (Source: P.A. 101-10, eff. 6-5-19; 102-558, eff. 8-20-21.)

3 Section 15-60. The State Officers and Employees Money

4 Disposition Act is amended by changing Section 2a as follows:

5 (30 ILCS 230/2a) (from Ch. 127, par. 172)

6 Sec. 2a. Every officer, board, commission, commissioner,

7 department, institute, arm, or agency to whom or to which this

8 Act applies is to notify the State Treasurer as to money paid

9 to him, her, or it under protest as provided in Section 2a.1,

10 and the Treasurer is to place the money in a special fund to be

11 known as the protest fund. At the expiration of 30 days from

12 the date of payment, the money is to be transferred from the

13 protest fund to the appropriate fund in which it would have

14 been placed had there been payment without protest unless the

15 party making that payment under protest has filed a complaint

16 and secured within that 30 days a temporary restraining order

17 or a preliminary injunction, restraining the making of that

18 transfer and unless, in addition, within that 30 days, a copy

19 of the temporary restraining order or preliminary injunction

20 has been served upon the State Treasurer and also upon the

21 officer, board, commission, commissioner, department,

22 institute, arm, or agency to whom or to which the payment under

23 protest was made, in which case the payment and such other

24 payments as are subsequently made under notice of protest, as

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1 provided in Section 2a.1, by the same person, the transfer of

2 which payments is restrained by such temporary restraining

3 order or preliminary injunction, are to be held in the protest

4 fund until the final order or judgment of the court. The

5 judicial remedy herein provided, however, relates only to

6 questions which must be decided by the court in determining

7 the proper disposition of the moneys paid under protest. Any

8 authorized payment from the protest fund shall bear simple

9 interest at a rate equal to the average of the weekly rates at

10 issuance on 13-week U.S. Treasury Bills from the date of

11 deposit into the protest fund to the date of disbursement from

12 the protest fund. In cases involving temporary restraining

13 orders or preliminary injunctions entered March 10, 1982, or

14 thereafter, pursuant to this Section, when the party paying

15 under protest fails in the protest action the State Treasurer

16 shall determine if any moneys paid under protest were paid as a

17 result of assessments under the following provisions: the

18 Municipal Retailers' Occupation Tax Act, the Municipal Service

19 Occupation Tax Act, the Municipal Use Tax Act, the Municipal

20 Automobile Renting Occupation Tax Act, the Municipal

21 Automobile Renting Use Tax Act, Section 8-11-9 of the Illinois

22 Municipal Code, the Tourism, Conventions and Other Special

23 Events Promotion Act of 1967, the County Automobile Renting

24 Occupation Tax Act, the County Automobile Renting Use Tax Act,

25 Section 5-1034 of the Counties Code, Section 5.01 of the Local

26 Mass Transit District Act, the Downstate Public Transportation

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1 Act, Section 4.03 of the Northern Illinois Transit ~~Regional~~

2 ~~Transportation~~ Authority Act, subsections (c) and (d) of

3 Section 201 of the Illinois Income Tax Act, Section 2a.1 of the

4 Messages Tax Act, Section 2a.1 of the Gas Revenue Tax Act,

5 Section 2a.1 of the Public Utilities Revenue Act, and the

6 Water Company Invested Capital Tax Act. Any such moneys paid

7 under protest shall bear simple interest at a rate equal to the

8 average of the weekly rates at issuance on 13-week U.S.

9 Treasury Bills from the date of deposit into the protest fund

10 to the date of disbursement from the protest fund.

11 It is unlawful for the Clerk of a court, a bank or any

12 person other than the State Treasurer to be appointed as

13 trustee with respect to any purported payment under protest,

14 or otherwise to be authorized by a court to hold any purported

15 payment under protest, during the pendency of the litigation

16 involving such purported payment under protest, it being the

17 expressed intention of the General Assembly that no one is to

18 act as custodian of any such purported payment under protest

19 except the State Treasurer.

20 No payment under protest within the meaning of this Act

21 has been made unless paid to an officer, board, commission,

22 commissioner, department, institute, arm or agency brought

23 within this Act by Section 1 and unless made in the form

24 specified by Section 2a.1. No payment into court or to a

25 circuit clerk or other court-appointed trustee is a payment

26 under protest within the meaning of this Act.

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1 (Source: P.A. 87-950.)

2 Section 15-65. The Downstate Public Transportation Act is

3 amended by changing Sections 2-2.02, 3-1.02, and 4-1.7 as

4 follows:

5 (30 ILCS 740/2-2.02) (from Ch. 111 2/3, par. 662.02)

6 Sec. 2-2.02. "Participant" means:

7 (1) a city, village, or incorporated town, a county, or a

8 local mass transit district organized under the Local Mass

9 Transit District Act (a) serving an urbanized area of over

10 50,000 population or (b) serving a nonurbanized area; or

11 (2) any Metro-East Transit District established pursuant

12 to Section 3 of the Local Mass Transit District Act and serving

13 one or more of the Counties of Madison, Monroe, and St. Clair

14 during Fiscal Year 1989, all located outside the boundaries of

15 the Northern Illinois Transit ~~Regional Transportation~~

16 Authority as established pursuant to the Northern Illinois

17 Transit ~~Regional Transportation~~ Authority Act.

18 (Source: P.A. 94-70, eff. 6-22-05.)

19 (30 ILCS 740/3-1.02) (from Ch. 111 2/3, par. 683)

20 Sec. 3-1.02. "Participant" means any county located

21 outside the boundaries of the Northern Illinois Transit

22 ~~Regional Transportation~~ Authority as established under the

23 Northern Illinois Transit ~~Regional Transportation~~ Authority

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1 Act and outside the Bi-State Metropolitan Development District

2 established under an Act approved July 26, 1949, except that

3 beginning, July 1, 1987 the counties within the boundaries of

4 the Bi-State Metropolitan Development District may be eligible

5 for capital assistance only, or within such county any

6 municipality with 20,000 or more population that is not

7 included in an urbanized area or the boundaries of a local mass

8 transit district; or within such county any municipality with

9 20,000 or less population receiving State mass transportation

10 operating assistance under the Downstate Public Transportation

11 Act during Fiscal Year 1979; or within such county or counties

12 a local mass transit district organized under the local Mass

13 Transit District Act which is not included in an urbanized

14 area or the boundaries of a local mass transit district which

15 includes an urbanized area; provided, however, that no such

16 entity shall be eligible to participate unless it agrees to

17 adhere to the regulations and requirements of the Secretary of

18 Transportation of the federal Department of Transportation

19 affecting Section 18 assistance or any other conditions as

20 deemed reasonable and necessary by the Illinois Department of

21 Transportation.

22 (Source: P.A. 87-1235.)

23 (30 ILCS 740/4-1.7) (from Ch. 111 2/3, par. 699.7)

24 Sec. 4-1.7. "Participant" means (1) a city, village or

25 incorporated town, or a local mass transit district organized

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1 under the Local Mass Transit District Act, that is named as a

2 designated recipient by the Governor, or is eligible to

3 receive federal UMTA Section 9 funds, or (2) the recipient

4 designated by the Governor within the Bi-State Metropolitan

5 Development District; provided that such entity is all located

6 outside the boundaries of the Northern Illinois Transit

7 ~~Regional Transportation~~ Authority as established pursuant to

8 the Northern Illinois Transit ~~Regional Transportation~~

9 Authority Act, as amended, and has formally requested to

10 participate in the program defined in this Article. However,

11 no such entity shall be eligible to participate unless it

12 agrees to adhere to the regulations and requirements of the

13 Secretary of Transportation of the federal Department of

14 Transportation affecting UMTA Section 9 assistance or any

15 other conditions that are deemed reasonable and necessary by

16 the Illinois Department of Transportation.

17 (Source: P.A. 86-16.)

18 Section 15-70. The State Mandates Act is amended by

19 changing Section 8.47 as follows:

20 (30 ILCS 805/8.47)

21 Sec. 8.47. Exempt mandate.

22 (a) Notwithstanding Sections 6 and 8 of this Act, no

23 reimbursement by the State is required for the implementation

24 of any mandate created by Public Act 103-2, 103-110, 103-409,

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1 103-455, 103-529, 103-552, 103-553, 103-579, or 103-582.

2 (b) Notwithstanding Sections 6 and 8 of this Act, no

3 reimbursement by the State is required for the implementation

4 of any mandate created by the Decennial Committees on Local

5 Government Efficiency Act.

6 (c) Notwithstanding Sections 6 and 8 of this Act, no

7 reimbursement by the State is required for the implementation

8 of the mandate created by Section 2.10a of the Northern

9 Illinois Transit ~~Regional Transportation~~ Authority Act in

10 Public Act 103-281.

11 (Source: P.A. 102-1136, eff. 2-10-23; 103-2, eff. 5-10-23;

12 103-110, eff. 6-29-23; 103-281, eff. 1-1-24; 103-409, eff.

13 1-1-24; 103-455, eff. 1-1-24; 103-529, eff. 8-11-23; 103-552,

14 eff. 8-11-23; 103-553, eff. 8-11-23; 103-579, eff. 12-8-23;

15 103-582, eff. 12-8-23; 103-605, eff. 7-1-24.)

16 Section 15-75. The Use Tax Act is amended by changing

17 Section 22 as follows:

18 (35 ILCS 105/22) (from Ch. 120, par. 439.22)

19 Sec. 22. If it is determined that the Department should

20 issue a credit or refund under this Act, the Department may

21 first apply the amount thereof against any amount of tax or

22 penalty or interest due hereunder, or under the Retailers'

23 Occupation Tax Act, the Service Occupation Tax Act, the

24 Service Use Tax Act, any local occupation or use tax

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1 administered by the Department, Section 4 of the Water

2 Commission Act of 1985, subsections (b), (c) and (d) of

3 Section 5.01 of the Local Mass Transit District Act, or

4 subsections (e), (f) and (g) of Section 4.03 of the Northern

5 Illinois Transit ~~Regional Transportation~~ Authority Act, from

6 the person entitled to such credit or refund. For this

7 purpose, if proceedings are pending to determine whether or

8 not any tax or penalty or interest is due under this Act or

9 under the Retailers' Occupation Tax Act, the Service

10 Occupation Tax Act, the Service Use Tax Act, any local

11 occupation or use tax administered by the Department, Section

12 4 of the Water Commission Act of 1985, subsections (b), (c) and

13 (d) of Section 5.01 of the Local Mass Transit District Act, or

14 subsections (e), (f) and (g) of Section 4.03 of the Northern

15 Illinois Transit ~~Regional Transportation~~ Authority Act, from

16 such person, the Department may withhold issuance of the

17 credit or refund pending the final disposition of such

18 proceedings and may apply such credit or refund against any

19 amount found to be due to the Department as a result of such

20 proceedings. The balance, if any, of the credit or refund

21 shall be issued to the person entitled thereto.

22 Any credit memorandum issued hereunder may be used by the

23 authorized holder thereof to pay any tax or penalty or

24 interest due or to become due under this Act or under the

25 Retailers' Occupation Tax Act, the Service Occupation Tax Act,

26 the Service Use Tax Act, any local occupation or use tax

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1 administered by the Department, Section 4 of the Water

2 Commission Act of 1985, subsections (b), (c) and (d) of

3 Section 5.01 of the Local Mass Transit District Act, or

4 subsections (e), (f) and (g) of Section 4.03 of the Northern

5 Illinois Transit ~~Regional Transportation~~ Authority Act, from

6 such holder. Subject to reasonable rules of the Department, a

7 credit memorandum issued hereunder may be assigned by the

8 holder thereof to any other person for use in paying tax or

9 penalty or interest which may be due or become due under this

10 Act or under the Retailers' Occupation Tax Act, the Service

11 Occupation Tax Act or the Service Use Tax Act, from the

12 assignee.

13 In any case in which there has been an erroneous refund of

14 tax payable under this Act, a notice of tax liability may be

15 issued at any time within 3 years from the making of that

16 refund, or within 5 years from the making of that refund if it

17 appears that any part of the refund was induced by fraud or the

18 misrepresentation of a material fact. The amount of any

19 proposed assessment set forth in the notice shall be limited

20 to the amount of the erroneous refund.

21 (Source: P.A. 91-901, eff. 1-1-01.)

22 Section 15-80. The Service Use Tax Act is amended by

23 changing Section 20 as follows:

24 (35 ILCS 110/20) (from Ch. 120, par. 439.50)

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1 Sec. 20. If it is determined that the Department should

2 issue a credit or refund hereunder, the Department may first

3 apply the amount thereof against any amount of tax or penalty

4 or interest due hereunder, or under the Service Occupation Tax

5 Act, the Retailers' Occupation Tax Act, the Use Tax Act, any

6 local occupation or use tax administered by the Department,

7 Section 4 of the Water Commission Act of 1985, subsections

8 (b), (c) and (d) of Section 5.01 of the Local Mass Transit

9 District Act, or subsections (e), (f) and (g) of Section 4.03

10 of the Northern Illinois Transit ~~Regional Transportation~~

11 Authority Act, from the person entitled to such credit or

12 refund. For this purpose, if proceedings are pending to

13 determine whether or not any tax or penalty or interest is due

14 hereunder, or under the Service Occupation Tax Act, the

15 Retailers' Occupation Tax Act, the Use Tax Act, any local

16 occupation or use tax administered by the Department, Section

17 4 of the Water Commission Act of 1985, subsections (b), (c) and

18 (d) of Section 5.01 of the Local Mass Transit District Act, or

19 subsections (e), (f) and (g) of Section 4.03 of the Northern

20 Illinois Transit ~~Regional Transportation~~ Authority Act, from

21 such person, the Department may withhold issuance of the

22 credit or refund pending the final disposition of such

23 proceedings and may apply such credit or refund against any

24 amount found to be due to the Department as a result of such

25 proceedings. The balance, if any, of the credit or refund

26 shall be issued to the person entitled thereto.

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1 Any credit memorandum issued hereunder may be used by the

2 authorized holder thereof to pay any tax or penalty or

3 interest due or to become due under this Act, the Service

4 Occupation Tax Act, the Retailers' Occupation Tax Act, the Use

5 Tax Act, any local occupation or use tax administered by the

6 Department, Section 4 of the Water Commission Act of 1985,

7 subsections (b), (c) and (d) of Section 5.01 of the Local Mass

8 Transit District Act, or subsections (e), (f) and (g) of

9 Section 4.03 of the Northern Illinois Transit ~~Regional~~

10 ~~Transportation~~ Authority Act, from such holder. Subject to

11 reasonable rules of the Department, a credit memorandum issued

12 hereunder may be assigned by the holder thereof to any other

13 person for use in paying tax or penalty or interest which may

14 be due or become due under this Act, the Service Occupation Tax

15 Act, the Retailers' Occupation Tax Act, the Use Tax Act, any

16 local occupation or use tax administered by the Department,

17 Section 4 of the Water Commission Act of 1985, subsections

18 (b), (c) and (d) of Section 5.01 of the Local Mass Transit

19 District Act, or subsections (e), (f) and (g) of Section 4.03

20 of the Northern Illinois Transit ~~Regional Transportation~~

21 Authority Act, from the assignee.

22 In any case which there has been an erroneous refund of tax

23 payable under this Act, a notice of tax liability may be issued

24 at any time within 3 years from the making of that refund, or

25 within 5 years from the making of that refund if it appears

26 that any part of the refund was induced by fraud or the

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1 misrepresentation of a material fact. The amount of any

2 proposed assessment set forth in the notice shall be limited

3 to the amount of the erroneous refund.

4 (Source: P.A. 91-901, eff. 1-1-01.)

5 Section 15-85. The Service Occupation Tax Act is amended

6 by changing Section 20 as follows:

7 (35 ILCS 115/20) (from Ch. 120, par. 439.120)

8 Sec. 20. If it is determined that the Department should

9 issue a credit or refund hereunder, the Department may first

10 apply the amount thereof against any amount of tax or penalty

11 or interest due hereunder, or under the Service Use Tax Act,

12 the Retailers' Occupation Tax Act, the Use Tax Act, any local

13 occupation or use tax administered by the Department, Section

14 4 of the Water Commission Act of 1985, subsections (b), (c) and

15 (d) of Section 5.01 of the Local Mass Transit District Act, or

16 subsections (e), (f) and (g) of Section 4.03 of the Northern

17 Illinois Transit ~~Regional Transportation~~ Authority Act, from

18 the person entitled to such credit or refund. For this

19 purpose, if proceedings are pending to determine whether or

20 not any tax or penalty or interest is due hereunder, or under

21 the Service Use Tax Act, the Retailers' Occupation Tax Act,

22 the Use Tax Act, any local occupation or use tax administered

23 by the Department, Section 4 of the Water Commission Act of

24 1985, subsections (b), (c) and (d) of Section 5.01 of the Local

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1 Mass Transit District Act, or subsections (e), (f) and (g) of

2 Section 4.03 of the Northern Illinois Transit ~~Regional~~

3 ~~Transportation~~ Authority Act, from such person, the Department

4 may withhold issuance of the credit or refund pending the

5 final disposition of such proceedings and may apply such

6 credit or refund against any amount found to be due to the

7 Department as a result of such proceedings. The balance, if

8 any, of the credit or refund shall be issued to the person

9 entitled thereto.

10 Any credit memorandum issued hereunder may be used by the

11 authorized holder thereof to pay any tax or penalty or

12 interest due or to become due under this Act, or under the

13 Service Use Tax Act, the Retailers' Occupation Tax Act, the

14 Use Tax Act, any local occupation or use tax administered by

15 the Department, Section 4 of the Water Commission Act of 1985,

16 subsections (b), (c) and (d) of Section 5.01 of the Local Mass

17 Transit District Act, or subsections (e), (f) and (g) of

18 Section 4.03 of the Northern Illinois Transit ~~Regional~~

19 ~~Transportation~~ Authority Act, from such holder. Subject to

20 reasonable rules of the Department, a credit memorandum issued

21 hereunder may be assigned by the holder thereof to any other

22 person for use in paying tax or penalty or interest which may

23 be due or become due under this Act, the Service Use Tax Act,

24 the Retailers' Occupation Tax Act, the Use Tax Act, any local

25 occupation or use tax administered by the Department, Section

26 4 of the Water Commission Act of 1985, subsections (b), (c) and

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LRB104 09876 RTM 26895 a

1 (d) of Section 5.01 of the Local Mass Transit District Act, or

2 subsections (e), (f) and (g) of Section 4.03 of the Northern

3 Illinois Transit ~~Regional Transportation~~ Authority Act, from

4 the assignee.

5 In any case in which there has been an erroneous refund of

6 tax payable under this Act, a notice of tax liability may be

7 issued at any time within 3 years from the making of that

8 refund, or within 5 years from the making of that refund if it

9 appears that any part of the refund was induced by fraud or the

10 misrepresentation of a material fact. The amount of any

11 proposed assessment set forth in the notice shall be limited

12 to the amount of the erroneous refund.

13 (Source: P.A. 91-901, eff. 1-1-01.)

14 Section 15-90. The Use and Occupation Tax Refund Act is

15 amended by changing Section 1 as follows:

16 (35 ILCS 150/1) (from Ch. 120, par. 1501)

17 Sec. 1. Every real estate developer-builder who has paid a

18 use tax or reimbursed a retailer for any Illinois, municipal,

19 county, or Northern Illinois Transit ~~Regional Transportation~~

20 Authority retailers' occupation tax, or who, under a contract

21 with a contractor or subcontractor, has directly or indirectly

22 borne the burden of a use tax or any reimbursement for any

23 Illinois, municipal, county or Northern Illinois Transit

24 ~~Regional Transportation~~ Authority retailers' occupation tax

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1 paid by that contractor or subcontractor to a retailer, on

2 tangible personal property purchased on or after July 1, 1977,

3 and prior to July 1, 1980, that is to be physically

4 incorporated into public improvements (such as public roads

5 and streets, public sewers or other public utility service),

6 the title to which was required by ordinance of a unit of local

7 government to be conveyed to that unit of local government or

8 was so conveyed by operation of law, may, prior to July 1,

9 1982, file a claim for credit or refund directly with the

10 Department of Revenue to recover the amount of such use tax

11 payment or reimbursement for any Illinois, municipal, county

12 or Northern Illinois Transit ~~Regional Transportation~~ Authority

13 retailers' occupation tax. Such claim shall be accompanied by

14 a notarized affidavit from the retailer and subcontractor, if

15 applicable, from whom such tangible personal property was

16 purchased stating that the retailer collected the use tax or

17 was reimbursed for Illinois, municipal, county, or Northern

18 Illinois Transit ~~Regional Transportation~~ Authority retailers'

19 occupation tax, that an amount equal to all such taxes was

20 properly remitted to the Department and that the retailer has

21 not filed a claim for credit or refund based upon the

22 transaction which is the subject of the claim and will not

23 thereafter file any claim based upon that same transaction.

24 This refund or credit shall be made only to the real estate

25 developer-builder or assignee that has been required to

26 physically incorporate the public improvements by a unit of

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1 local government. Proof of such requirement shall be a

2 certified letter from the unit of local government stating

3 that the improvements were required by that unit of local

4 government.

5 The Department shall prescribe the forms for the claim and

6 certification and shall establish the necessary procedures for

7 processing such claims.

8 (Source: P.A. 82-248.)

9 Section 15-95. The Property Tax Code is amended by

10 changing Section 15-100 as follows:

11 (35 ILCS 200/15-100)

12 Sec. 15-100. Public transportation systems.

13 (a) All property belonging to any municipal corporation

14 created for the sole purpose of owning and operating a

15 transportation system for public service is exempt.

16 (b) Property owned by (i) a municipal corporation of

17 500,000 or more inhabitants, used for public transportation

18 purposes, and operated by the Chicago Transit Authority; (ii)

19 the Northern Illinois Transit ~~Regional Transportation~~

20 Authority; (iii) any service board or division of the Northern

21 Illinois Transit ~~Regional Transportation~~ Authority; (iv) the

22 Northeast Illinois Regional Commuter Railroad Corporation; or

23 (v) the Chicago Transit Authority shall be exempt. For

24 purposes of this Section alone, the Northern Illinois Transit

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1 ~~Regional Transportation~~ Authority, any service board or

2 division of the Northern Illinois Transit ~~Regional~~

3 ~~Transportation~~ Authority, the Northeast Illinois Regional

4 Commuter Railroad Corporation, the Chicago Transit Authority,

5 or a municipal corporation, as defined in item (i), shall be

6 deemed an "eligible transportation authority". The exemption

7 provided in this subsection shall not be affected by any

8 transaction in which, for the purpose of obtaining financing,

9 the eligible transportation authority, directly or indirectly,

10 leases or otherwise transfers such property to another whose

11 property is not exempt and immediately thereafter enters into

12 a leaseback or other agreement that directly or indirectly

13 gives the eligible transportation authority a right to use,

14 control, and possess the property. In the case of a conveyance

15 of such property, the eligible transportation authority must

16 retain an option to purchase the property at a future date or,

17 within the limitations period for reverters, the property must

18 revert back to the eligible transportation authority.

19 (c) If such property has been conveyed as described in

20 subsection (b), the property will no longer be exempt pursuant

21 to this Section as of the date when:

22 (1) the right of the eligible transportation authority

23 to use, control, and possess the property has been

24 terminated;

25 (2) the eligible transportation authority no longer

26 has an option to purchase or otherwise acquire the

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1 property; and

2 (3) there is no provision for a reverter of the

3 property to the eligible transportation authority within

4 the limitations period for reverters.

5 (d) Pursuant to Sections 15-15 and 15-20 of this Code, the

6 eligible transportation authority shall notify the chief

7 county assessment officer of any transaction under subsection

8 (b) of this Section. The chief county assessment officer shall

9 determine initial and continuing compliance with the

10 requirements of this Section for tax exemption. Failure to

11 notify the chief county assessment officer of a transaction

12 under this Section or to otherwise comply with the

13 requirements of Sections 15-15 and 15-20 of this Code shall,

14 in the discretion of the chief county assessment officer,

15 constitute cause to terminate the exemption, notwithstanding

16 any other provision of this Code.

17 (e) No provision of this Section shall be construed to

18 affect the obligation of the eligible transportation authority

19 to which an exemption certificate has been issued under this

20 Section from its obligation under Section 15-10 of this Code

21 to file an annual certificate of status or to notify the chief

22 county assessment officer of transfers of interest or other

23 changes in the status of the property as required by this Code.

24 (f) The changes made by this amendatory Act of 1997 are

25 declarative of existing law and shall not be construed as a new

26 enactment.

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1 (Source: P.A. 90-562, eff. 12-16-97.)

2 Section 15-100. The Motor Fuel Tax Law is amended by

3 changing Section 8b as follows:

4 (35 ILCS 505/8b)

5 Sec. 8b. Transportation Renewal Fund; creation;

6 distribution of proceeds.

7 (a) The Transportation Renewal Fund is hereby created as a

8 special fund in the State treasury. Moneys in the Fund shall be

9 used as provided in this Section:

10 (1) 80% of the moneys in the Fund shall be used for

11 highway maintenance, highway construction, bridge repair,

12 congestion relief, and construction of aviation

13 facilities; of that 80%:

14 (A) the State Comptroller shall order transferred

15 and the State Treasurer shall transfer 60% to the

16 State Construction Account Fund; those moneys shall be

17 used solely for construction, reconstruction,

18 improvement, repair, maintenance, operation, and

19 administration of highways and are limited to payments

20 made pursuant to design and construction contracts

21 awarded by the Department of Transportation;

22 (B) 40% shall be distributed by the Department of

23 Transportation to municipalities, counties, and road

24 districts of the State using the percentages set forth

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1 in subdivisions (A), (B), (C), and (D) of paragraph

2 (2) of subsection (e) of Section 8; distributions to

3 particular municipalities, counties, and road

4 districts under this subdivision (B) shall be made

5 according to the allocation procedures described for

6 municipalities, counties, and road districts in

7 subsection (e) of Section 8 and shall be subject to the

8 same requirements and limitations described in that

9 subsection; and

10 (2) 20% of the moneys in the Fund shall be used for

11 projects related to rail facilities and mass transit

12 facilities, as defined in Section 2705-305 of the

13 Department of Transportation Law of the Civil

14 Administrative Code of Illinois, including rapid transit,

15 rail, high-speed rail, bus and other equipment in

16 connection with the State or a unit of local government,

17 special district, municipal corporation, or other public

18 agency authorized to provide and promote public

19 transportation within the State; of that 20%:

20 (A) 90% shall be deposited into the Northern

21 Illinois Transit ~~Regional Transportation~~ Authority

22 Capital Improvement Fund, a special fund created in

23 the State Treasury; moneys in the Northern Illinois

24 Transit ~~Regional Transportation~~ Authority Capital

25 Improvement Fund shall be used by the Northern

26 Illinois Transit ~~Regional Transportation~~ Authority for

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1 construction, improvements, and deferred maintenance

2 on mass transit facilities and acquisition of buses

3 and other equipment; and

4 (B) 10% shall be deposited into the Downstate Mass

5 Transportation Capital Improvement Fund, a special

6 fund created in the State Treasury; moneys in the

7 Downstate Mass Transportation Capital Improvement Fund

8 shall be used by local mass transit districts other

9 than the Northern Illinois Transit ~~Regional~~

10 ~~Transportation~~ Authority for construction,

11 improvements, and deferred maintenance on mass transit

12 facilities and acquisition of buses and other

13 equipment.

14 (b) (Blank).

15 (Source: P.A. 103-866, eff. 8-9-24.)

16 Section 15-105. The Postage Stamp Vending Machine Act is

17 amended by changing Section 1 as follows:

18 (35 ILCS 815/1) (from Ch. 121 1/2, par. 911)

19 Sec. 1. Vending machines which vend only United States

20 postage stamps are exempt from license fees or any excise or

21 license tax levied by the State of Illinois or any county or

22 municipality or other taxing district thereof, but are not

23 exempt from State, county, municipal, or Northern Illinois

24 Transit ~~Regional Transportation~~ Authority occupation and use

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1 taxes.

2 (Source: P.A. 82-985.)

3 Section 15-110. The Use Tax Act is amended by changing

4 Section 2b as follows:

5 (35 ILCS 105/2b) (from Ch. 120, par. 439.2b)

6 Sec. 2b. "Selling price" shall not include any amounts

7 added to prices by sellers on account of the seller's duty to

8 collect any tax imposed under the "Northern Illinois

9 Transit ~~Regional Transportation~~ Authority Act", enacted by the

10 78th General Assembly.

11 (Source: P.A. 78-3rd S.S.-12.)

12 Section 15-115. The Retailers' Occupation Tax Act is

13 amended by changing Section 6 as follows:

14 (35 ILCS 120/6) (from Ch. 120, par. 445)

15 Sec. 6. Credit memorandum or refund. If it appears, after

16 claim therefor filed with the Department, that an amount of

17 tax or penalty or interest has been paid which was not due

18 under this Act, whether as the result of a mistake of fact or

19 an error of law, except as hereinafter provided, then the

20 Department shall issue a credit memorandum or refund to the

21 person who made the erroneous payment or, if that person died

22 or became a person under legal disability, to his or her legal

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1 representative, as such. For purposes of this Section, the tax

2 is deemed to be erroneously paid by a retailer when the

3 manufacturer of a motor vehicle sold by the retailer accepts

4 the return of that automobile and refunds to the purchaser the

5 selling price of that vehicle as provided in the New Vehicle

6 Buyer Protection Act. When a motor vehicle is returned for a

7 refund of the purchase price under the New Vehicle Buyer

8 Protection Act, the Department shall issue a credit memorandum

9 or a refund for the amount of tax paid by the retailer under

10 this Act attributable to the initial sale of that vehicle.

11 Claims submitted by the retailer are subject to the same

12 restrictions and procedures provided for in this Act. If it is

13 determined that the Department should issue a credit

14 memorandum or refund, the Department may first apply the

15 amount thereof against any tax or penalty or interest due or to

16 become due under this Act or under the Use Tax Act, the Service

17 Occupation Tax Act, the Service Use Tax Act, any local

18 occupation or use tax administered by the Department, Section

19 4 of the Water Commission Act of 1985, subsections (b), (c) and

20 (d) of Section 5.01 of the Local Mass Transit District Act, or

21 subsections (e), (f) and (g) of Section 4.03 of the Northern

22 Illinois Transit ~~Regional Transportation~~ Authority Act, from

23 the person who made the erroneous payment. If no tax or penalty

24 or interest is due and no proceeding is pending to determine

25 whether such person is indebted to the Department for tax or

26 penalty or interest, the credit memorandum or refund shall be

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1 issued to the claimant; or (in the case of a credit memorandum)

2 the credit memorandum may be assigned and set over by the

3 lawful holder thereof, subject to reasonable rules of the

4 Department, to any other person who is subject to this Act, the

5 Use Tax Act, the Service Occupation Tax Act, the Service Use

6 Tax Act, any local occupation or use tax administered by the

7 Department, Section 4 of the Water Commission Act of 1985,

8 subsections (b), (c) and (d) of Section 5.01 of the Local Mass

9 Transit District Act, or subsections (e), (f) and (g) of

10 Section 4.03 of the Northern Illinois Transit ~~Regional~~

11 ~~Transportation~~ Authority Act, and the amount thereof applied

12 by the Department against any tax or penalty or interest due or

13 to become due under this Act or under the Use Tax Act, the

14 Service Occupation Tax Act, the Service Use Tax Act, any local

15 occupation or use tax administered by the Department, Section

16 4 of the Water Commission Act of 1985, subsections (b), (c) and

17 (d) of Section 5.01 of the Local Mass Transit District Act, or

18 subsections (e), (f) and (g) of Section 4.03 of the Northern

19 Illinois Transit ~~Regional Transportation~~ Authority Act, from

20 such assignee. However, as to any claim for credit or refund

21 filed with the Department on and after each January 1 and July

22 1 no amount of tax or penalty or interest erroneously paid

23 (either in total or partial liquidation of a tax or penalty or

24 amount of interest under this Act) more than 3 years prior to

25 such January 1 and July 1, respectively, shall be credited or

26 refunded, except that if both the Department and the taxpayer

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1 have agreed to an extension of time to issue a notice of tax

2 liability as provided in Section 4 of this Act, such claim may

3 be filed at any time prior to the expiration of the period

4 agreed upon. Notwithstanding any other provision of this Act

5 to the contrary, for any period included in a claim for credit

6 or refund for which the statute of limitations for issuing a

7 notice of tax liability under this Act will expire less than 6

8 months after the date a taxpayer files the claim for credit or

9 refund, the statute of limitations is automatically extended

10 for 6 months from the date it would have otherwise expired.

11 No claim may be allowed for any amount paid to the

12 Department, whether paid voluntarily or involuntarily, if paid

13 in total or partial liquidation of an assessment which had

14 become final before the claim for credit or refund to recover

15 the amount so paid is filed with the Department, or if paid in

16 total or partial liquidation of a judgment or order of court.

17 No credit may be allowed or refund made for any amount paid by

18 or collected from any claimant unless it appears (a) that the

19 claimant bore the burden of such amount and has not been

20 relieved thereof nor reimbursed therefor and has not shifted

21 such burden directly or indirectly through inclusion of such

22 amount in the price of the tangible personal property sold by

23 him or her or in any manner whatsoever; and that no

24 understanding or agreement, written or oral, exists whereby he

25 or she or his or her legal representative may be relieved of

26 the burden of such amount, be reimbursed therefor or may shift

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1 the burden thereof; or (b) that he or she or his or her legal

2 representative has repaid unconditionally such amount to his

3 or her vendee (1) who bore the burden thereof and has not

4 shifted such burden directly or indirectly, in any manner

5 whatsoever; (2) who, if he or she has shifted such burden, has

6 repaid unconditionally such amount to his own vendee; and (3)

7 who is not entitled to receive any reimbursement therefor from

8 any other source than from his or her vendor, nor to be

9 relieved of such burden in any manner whatsoever. No credit

10 may be allowed or refund made for any amount paid by or

11 collected from any claimant unless it appears that the

12 claimant has unconditionally repaid, to the purchaser, any

13 amount collected from the purchaser and retained by the

14 claimant with respect to the same transaction under the Use

15 Tax Act.

16 Any credit or refund that is allowed under this Section

17 shall bear interest at the rate and in the manner specified in

18 the Uniform Penalty and Interest Act.

19 In case the Department determines that the claimant is

20 entitled to a refund, such refund shall be made only from the

21 Aviation Fuel Sales Tax Refund Fund or from such appropriation

22 as may be available for that purpose, as appropriate. If it

23 appears unlikely that the amount available would permit

24 everyone having a claim allowed during the period covered by

25 such appropriation or from the Aviation Fuel Sales Tax Refund

26 Fund, as appropriate, to elect to receive a cash refund, the

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1 Department, by rule or regulation, shall provide for the

2 payment of refunds in hardship cases and shall define what

3 types of cases qualify as hardship cases.

4 If a retailer who has failed to pay retailers' occupation

5 tax on gross receipts from retail sales is required by the

6 Department to pay such tax, such retailer, without filing any

7 formal claim with the Department, shall be allowed to take

8 credit against such retailers' occupation tax liability to the

9 extent, if any, to which such retailer has paid an amount

10 equivalent to retailers' occupation tax or has paid use tax in

11 error to his or her vendor or vendors of the same tangible

12 personal property which such retailer bought for resale and

13 did not first use before selling it, and no penalty or interest

14 shall be charged to such retailer on the amount of such credit.

15 However, when such credit is allowed to the retailer by the

16 Department, the vendor is precluded from refunding any of that

17 tax to the retailer and filing a claim for credit or refund

18 with respect thereto with the Department. The provisions of

19 this amendatory Act shall be applied retroactively, regardless

20 of the date of the transaction.

21 (Source: P.A. 101-10, eff. 6-5-19; 102-40, eff. 6-25-21.)

22 Section 15-120. The Governmental Tax Reform Validation Act

23 is amended by changing Section 10 as follows:

24 (35 ILCS 165/10)

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1 Sec. 10. Re-enactment; findings; purpose; validation.

2 (a) The General Assembly finds and declares that:

3 (1) The amendatory provisions of this Act were first

4 enacted by Public Act 85-1135 and all related to taxation.

5 (A) Article I of Public Act 85-1135, effective

6 July 28, 1988, contained provisions stating

7 legislative intent.

8 (B) Article II of Public Act 85-1135, effective

9 January 1, 1990, contained provisions amending or

10 creating Sections 8-11-1, 8-11-1.1, 8-11-1.2,

11 8-11-1.3, 8-11-1.4, 8-11-5, 8-11-6, 8-11-6a, 8-11-16,

12 and 11-74.4-8a of the Illinois Municipal Code;

13 Sections 24a-1, 24a-2, 24a-3, 24a-4, and 25.05 of "An

14 Act to revise the law in relation to counties";

15 Section 4 of the Water Commission Act of 1985; Section

16 5.01 of the Local Mass Transit District Act; Sections

17 4.01, 4.03, 4.04, and 4.09 of the Northern Illinois

18 Transit ~~Regional Transportation~~ Authority Act;

19 Sections 3, 9, and 10b of the Use Tax Act; Sections 2,

20 3, 3d, 7a, 9, 10, 10b, and 15 of the Service Use Tax

21 Act; Sections 2, 3, 9, 13, 15, and 20.1 of the Service

22 Occupation Tax Act; Sections 2, 3, 5k, and 6d of the

23 Retailers' Occupation Tax Act; and Sections 5.240,

24 5.241, 6z-16, and 6z-17 of the State Finance Act.

25 Article II of Public Act 85-1135, effective January 1,

26 1990, also contained provisions repealing Sections

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1 25.05a, 25.05-2, 25.05-2a, 25.05-3, 25.05-3a,

2 25.05-10, 25.05-10a, and 25.05-10.1 of "An Act to

3 revise the law in relation to counties" and Sections

4 10 and 14 of the Service Occupation Tax Act.

5 (C) Article III of Public Act 85-1135, effective

6 September 1, 1988, contained provisions further

7 amending Sections 3 and 9 of the Use Tax Act; Sections

8 2, 3, and 9 of the Service Use Tax Act; Sections 2, 3,

9 and 9 of the Service Occupation Tax Act; and Sections 2

10 and 3 of the Retailers' Occupation Tax Act; and

11 amending Section 2 of the State Revenue Sharing Act.

12 (D) Article IV of Public Act 85-1135, effective

13 July 28, 1988, contained provisions amending Section

14 6z-9 of the State Finance Act and creating Section .01

15 of the State Revenue Sharing Act.

16 (E) Article V of Public Act 85-1135, effective

17 July 28, 1988, contained provisions precluding any

18 effect on a pre-existing right, remedy, or liability

19 and authorizing enactment of home rule municipality

20 ordinances.

21 (2) Public Act 85-1135 also contained provisions

22 relating to State bonds and creating the Water Pollution

23 Control Revolving Fund loan program.

24 (3) On August 26, 1998, the Cook County Circuit Court

25 entered an order in the case of Oak Park Arms Associates v.

26 Whitley (No. 92 L 51045), in which it found that Public Act

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1 85-1135 violates the single subject clause of the Illinois

2 Constitution (Article IV, Section 8(d)). As of the time

3 this Act was prepared, the order declaring P.A. 85-1135

4 invalid has been vacated but the case is subject to

5 appeal.

6 (4) The tax provisions of Public Act 85-1135 affect

7 many areas of vital concern to the people of this State.

8 The disruption of the tax reform contained in those

9 provisions could constitute a grave threat to the

10 continued health, safety, and welfare of the people of

11 this State.

12 (b) It is the purpose of this Act to prevent or minimize

13 any problems relating to taxation that may result from

14 challenges to the constitutional validity of Public Act

15 85-1135, by (1) re-enacting provisions from Public Act 85-1135

16 and (2) validating all actions taken in reliance on those

17 provisions from Public Act 85-1135.

18 (c) Because Public Act 86-962, effective January 1, 1990,

19 renumbered Sections 24a-1, 24a-2, 24a-3, 24a-4, and 25.05 of

20 the Counties Code, this Act contains those provisions as

21 renumbered under Sections 5-1006, 5-1007, 5-1008, 5-1009, and

22 5-1024 of the Counties Code. Because Public Act 86-1475,

23 effective January 10, 1991, resectioned Section 3 of the Use

24 Tax Act, Section 3 of the Service Use Tax Act, Section 3 of the

25 Service Occupation Tax Act, and Section 2 of the Retailers'

26 Occupation Tax Act, this Act contains those provisions as

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1 resectioned under Sections 3, 3-5, 3-10, 3-15, 3-20, 3-25,

2 3-30, 3-35, 3-40, 3-45, 3-50, 3-55, 3-60, 3-65, 3-70, 3-75,

3 and 3-80 of the Use Tax Act; Sections 3, 3-5, 3-10, 3-15, 3-20,

4 3-25, 3-30, 3-35, 3-40, 3-45, 3-50, 3-55, 3-60, and 3-65 of the

5 Service Use Tax Act; Sections 3, 3-5, 3-10, 3-15, 3-20, 3-25,

6 3-30, 3-35, 3-40, 3-45, and 3-50 of the Service Occupation Tax

7 Act; and Sections 2, 2-5, 2-10, 2-15, 2-20, 2-25, 2-30, 2-35,

8 2-40, 2-45, 2-50, 2-55, 2-60, 2-65 of the Retailers'

9 Occupation Tax Act. Because Public Act 85-1440, effective

10 February 1, 1989, renumbered Section 6z-16 of the State

11 Finance Act and Section .01 of the State Revenue Sharing Act,

12 this Act contains those provisions as renumbered under Section

13 6z-18 of the State Finance Act and Section 0.1 of the State

14 Revenue Sharing Act. Sections 10b of the Use Tax Act, 10b of

15 the Service Use Tax Act, 20.1 of the Service Occupation Tax

16 Act, and 6d of the Retailers' Occupation Tax Act have been

17 omitted from this Act because they were repealed by Public Act

18 87-1258, effective January 7, 1993.

19 (d) This Act re-enacts Section 1 of Article I of Public Act

20 85-1135; Sections 8-11-1, 8-11-1.1, 8-11-1.2, 8-11-1.3,

21 8-11-1.4, 8-11-5, 8-11-6, 8-11-6a, 8-11-16, and 11-74.4-8a of

22 the Illinois Municipal Code; Sections 5-1006, 5-1007, 5-1008,

23 5-1009, and 5-1024 of the Counties Code; Section 4 of the Water

24 Commission Act of 1985; Section 5.01 of the Local Mass Transit

25 District Act; Sections 4.01, 4.03, 4.04, and 4.09 of the

26 Northern Illinois Transit ~~Regional Transportation~~ Authority

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1 Act; Sections 3, 3-5, 3-10, 3-15, 3-20, 3-25, 3-30, 3-35,

2 3-40, 3-45, 3-50, 3-55, 3-60, 3-65, 3-70, 3-75, 3-80, 9, and

3 10b of the Use Tax Act; Sections 2, 3, 3-5, 3-10, 3-15, 3-20,

4 3-25, 3-30, 3-35, 3-40, 3-45, 3-50, 3-55, 3-60, 3-65, 3d, 7a,

5 9, 10, 10b, and 15 of the Service Use Tax Act; Sections 2, 3,

6 3-5, 3-10, 3-15, 3-20, 3-25, 3-30, 3-35, 3-40, 3-45, 3-50, 9,

7 13, 15, and 20.1 of the Service Occupation Tax Act; Sections 2,

8 2-5, 2-10, 2-15, 2-20, 2-25, 2-30, 2-35, 2-40, 2-45, 2-50,

9 2-55, 2-60, 2-65, 3, 5k, and 6d of the Retailers' Occupation

10 Tax Act; Sections 5.240, 5.241, 6z-9, 6z-17, and 6z-18 of the

11 State Finance Act; Sections 0.1 and 2 of the State Revenue

12 Sharing Act; and Sections 1 and 2 of Article V of Public Act

13 85-1135 as they have been amended. It also re-repeals Sections

14 25.05a, 25.05-2, 25.05-2a, 25.05-3, 25.05-3a, 25.05-10,

15 25.05-10a, and 25.05-10.1 of "An Act to revise the law in

16 relation to counties" and Sections 10 and 14 of the Service

17 Occupation Tax Act. This re-enactment and re-repeal is

18 intended to remove any questions as to the validity or content

19 of those Sections; it is not intended to supersede any other

20 Public Act that amends the text of a Section as set forth in

21 this Act. The re-enacted material in this Act is shown as

22 existing text (i.e., without underscoring) because, as of the

23 time this Act was prepared, the order declaring P.A. 85-1135

24 invalid has been vacated.

25 (e) In Sections 100 and 900 of this Act, references to

26 "this amendatory Act of 1988" mean Public Act 85-1135, as

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1 re-enacted by this Act.

2 (f) The re-enactment or re-repeal of Sections of Public

3 Act 85-1135 by this Act is not intended, and shall not be

4 construed, to imply that Public Act 85-1135 is invalid or to

5 limit or impair any legal argument (1) upholding the validity

6 of Public Act 85-1135 or (2) concerning whether the provisions

7 of Public Act 85-1135 were substantially re-enacted by other

8 Public Acts.

9 (g) All otherwise lawful actions taken in reasonable

10 reliance on or pursuant to the Sections re-enacted by this

11 Act, as set forth in Public Act 85-1135 or subsequently

12 amended, by any officer, employee, agency, or unit of State or

13 local government or by any other person or entity, are hereby

14 validated.

15 With respect to actions taken in relation to matters

16 arising under the Sections re-enacted by this Act, as set

17 forth in Public Act 85-1135 or subsequently amended, a person

18 is rebuttably presumed to have acted in reasonable reliance on

19 and pursuant to the provisions of Public Act 85-1135, as those

20 provisions had been amended at the time the action was taken.

21 (h) With respect to its administration of matters arising

22 under the Sections re-enacted by this Act, the Department of

23 Revenue shall continue to apply the provisions of Public Act

24 85-1135, as those provisions had been amended at the relevant

25 time.

26 (i) This Act applies, without limitation, to proceedings

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1 pending on or after the effective date of this Act.

2 (Source: P.A. 91-51, eff. 6-30-99.)

3 Section 15-125. The Simplified Sales and Use Tax

4 Administration Act is amended by changing Section 2 as

5 follows:

6 (35 ILCS 171/2)

7 Sec. 2. Definitions. As used in this Act:

8 (a) "Agreement" means the Streamlined Sales and Use Tax

9 Agreement as amended and adopted on January 27, 2001.

10 (b) "Certified Automated System" means software certified

11 jointly by the states that are signatories to the Agreement to

12 calculate the tax imposed by each jurisdiction on a

13 transaction, determine the amount of tax to remit to the

14 appropriate state, and maintain a record of the transaction.

15 (c) "Certified Service Provider" means an agent certified

16 jointly by the states that are signatories to the Agreement to

17 perform all of the seller's sales tax functions.

18 (d) "Person" means an individual, trust, estate,

19 fiduciary, partnership, limited liability company, limited

20 liability partnership, corporation, or any other legal entity.

21 (e) "Sales Tax" means the tax levied under the Service

22 Occupation Tax Act (35 ILCS 115/) and the Retailers'

23 Occupation Tax Act (35 ILCS 120/). "Sales tax" also means any

24 local sales tax levied under the Home Rule Municipal

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1 Retailers' Occupation Tax Act (65 ILCS 5/8-11-1), the Non-Home

2 Rule Municipal Retailers' Occupation Tax Act (65 ILCS

3 5/8-11-1.3), the Non-Home Rule Municipal Service Occupation

4 Tax Act (65 ILCS 5/8-11-1.4), the Home Rule Municipal Service

5 Occupation Tax (65 ILCS 5/8-11-5), the Home Rule County

6 Retailers' Occupation Tax Law (55 ILCS 5/5-1006), the Special

7 County Occupation Tax for Public Safety, Public Facilities,

8 Mental Health, Substance Abuse, or Transportation Law (55 ILCS

9 5/5-1006.5), the Home Rule County Service Occupation Tax Law

10 (55 ILCS 5/5-1007), subsection (b) of the Rock Island County

11 Use and Occupation Tax Law (55 ILCS 5/5-1008.5(b)), the Metro

12 East Mass Transit District Retailers' Occupation Tax (70 ILCS

13 3610/5.01(b)), the Metro East Mass Transit District Service

14 Occupation Tax (70 ILCS 3610/5.01(c)), the Northern Illinois

15 Transit ~~Regional Transportation~~ Authority Retailers'

16 Occupation Tax (70 ILCS 3615/4.03(e)), the Northern Illinois

17 Transit ~~Regional Transportation~~ Authority Service Occupation

18 Tax (70 ILCS 3615/4.03(f)), the County Water Commission

19 Retailers' Occupation Tax (70 ILCS 3720/4(b)), or the County

20 Water Commission Service Occupation Tax (70 ILCS 3720/4(c)).

21 (f) "Seller" means any person making sales of personal

22 property or services.

23 (g) "State" means any state of the United States and the

24 District of Columbia.

25 (h) "Use tax" means the tax levied under the Use Tax Act

26 (35 ILCS 105/) and the Service Use Tax Act (35 ILCS 110/). "Use

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1 tax" also means any local use tax levied under the Home Rule

2 Municipal Use Tax Act (65 ILCS 5/8-11-6(b)), provided that the

3 State and the municipality have entered into an agreement that

4 provides for administration of the tax by the State.

5 (Source: P.A. 100-1167, eff. 1-4-19.)

6 Section 15-130. The Illinois Pension Code is amended by

7 changing Sections 22-101, 22-101B, 22-103, and 22-105 as

8 follows:

9 (40 ILCS 5/22-101) (from Ch. 108 1/2, par. 22-101)

10 Sec. 22-101. Retirement Plan for Chicago Transit Authority

11 Employees.

12 (a) There shall be established and maintained by the

13 Authority created by the "Metropolitan Transit Authority Act",

14 approved April 12, 1945, as amended, (referred to in this

15 Section as the "Authority") a financially sound pension and

16 retirement system adequate to provide for all payments when

17 due under such established system or as modified from time to

18 time by ordinance of the Chicago Transit Board or collective

19 bargaining agreement. For this purpose, the Board must make

20 contributions to the established system as required under this

21 Section and may make any additional contributions provided for

22 by Board ordinance or collective bargaining agreement. The

23 participating employees shall make such periodic payments to

24 the established system as required under this Section and may

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1 make any additional contributions provided for by Board

2 ordinance or collective bargaining agreement.

3 Provisions shall be made by the Board for all officers,

4 except those who first become members on or after January 1,

5 2012, and employees of the Authority appointed pursuant to the

6 "Metropolitan Transit Authority Act" to become, subject to

7 reasonable rules and regulations, participants of the pension

8 or retirement system with uniform rights, privileges,

9 obligations and status as to the class in which such officers

10 and employees belong. The terms, conditions and provisions of

11 any pension or retirement system or of any amendment or

12 modification thereof affecting employees who are members of

13 any labor organization may be established, amended or modified

14 by agreement with such labor organization, provided the terms,

15 conditions and provisions must be consistent with this Act,

16 the annual funding levels for the retirement system

17 established by law must be met and the benefits paid to future

18 participants in the system may not exceed the benefit ceilings

19 set for future participants under this Act and the

20 contribution levels required by the Authority and its

21 employees may not be less than the contribution levels

22 established under this Act.

23 (b) The Board of Trustees shall consist of 11 members

24 appointed as follows: (i) 5 trustees shall be appointed by the

25 Chicago Transit Board; (ii) 3 trustees shall be appointed by

26 an organization representing the highest number of Chicago

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1 Transit Authority participants; (iii) one trustee shall be

2 appointed by an organization representing the second-highest

3 number of Chicago Transit Authority participants; (iv) one

4 trustee shall be appointed by the recognized coalition

5 representatives of participants who are not represented by an

6 organization with the highest or second-highest number of

7 Chicago Transit Authority participants; and (v) one trustee

8 shall be selected by the Northern Illinois Transit ~~Regional~~

9 ~~Transportation~~ Authority Board of Directors, and the trustee

10 shall be a professional fiduciary who has experience in the

11 area of collectively bargained pension plans. Trustees shall

12 serve until a successor has been appointed and qualified, or

13 until resignation, death, incapacity, or disqualification.

14 Any person appointed as a trustee of the board shall

15 qualify by taking an oath of office that he or she will

16 diligently and honestly administer the affairs of the system

17 and will not knowingly violate or willfully permit the

18 violation of any of the provisions of law applicable to the

19 Plan, including Sections 1-109, 1-109.1, 1-109.2, 1-110,

20 1-111, 1-114, and 1-115 of the Illinois Pension Code.

21 Each trustee shall cast individual votes, and a majority

22 vote shall be final and binding upon all interested parties,

23 provided that the Board of Trustees may require a

24 supermajority vote with respect to the investment of the

25 assets of the Retirement Plan, and may set forth that

26 requirement in the Retirement Plan documents, by-laws, or

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1 rules of the Board of Trustees. Each trustee shall have the

2 rights, privileges, authority, and obligations as are usual

3 and customary for such fiduciaries.

4 The Board of Trustees may cause amounts on deposit in the

5 Retirement Plan to be invested in those investments that are

6 permitted investments for the investment of moneys held under

7 any one or more of the pension or retirement systems of the

8 State, any unit of local government or school district, or any

9 agency or instrumentality thereof. The Board, by a vote of at

10 least two-thirds of the trustees, may transfer investment

11 management to the Illinois State Board of Investment, which is

12 hereby authorized to manage these investments when so

13 requested by the Board of Trustees.

14 Notwithstanding any other provision of this Article or any

15 law to the contrary, any person who first becomes a member of

16 the Chicago Transit Board on or after January 1, 2012 shall not

17 be eligible to participate in this Retirement Plan.

18 (c) All individuals who were previously participants in

19 the Retirement Plan for Chicago Transit Authority Employees

20 shall remain participants, and shall receive the same benefits

21 established by the Retirement Plan for Chicago Transit

22 Authority Employees, except as provided in this amendatory Act

23 or by subsequent legislative enactment or amendment to the

24 Retirement Plan. For Authority employees hired on or after the

25 effective date of this amendatory Act of the 95th General

26 Assembly, the Retirement Plan for Chicago Transit Authority

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1 Employees shall be the exclusive retirement plan and such

2 employees shall not be eligible for any supplemental plan,

3 except for a deferred compensation plan funded only by

4 employee contributions.

5 For all Authority employees who are first hired on or

6 after the effective date of this amendatory Act of the 95th

7 General Assembly and are participants in the Retirement Plan

8 for Chicago Transit Authority Employees, the following terms,

9 conditions and provisions with respect to retirement shall be

10 applicable:

11 (1) Such participant shall be eligible for an

12 unreduced retirement allowance for life upon the

13 attainment of age 64 with 25 years of continuous service.

14 (2) Such participant shall be eligible for a reduced

15 retirement allowance for life upon the attainment of age

16 55 with 10 years of continuous service.

17 (3) For the purpose of determining the retirement

18 allowance to be paid to a retiring employee, the term

19 "Continuous Service" as used in the Retirement Plan for

20 Chicago Transit Authority Employees shall also be deemed

21 to include all pension credit for service with any

22 retirement system established under Article 8 or Article

23 11 of this Code, provided that the employee forfeits and

24 relinquishes all pension credit under Article 8 or Article

25 11 of this Code, and the contribution required under this

26 subsection is made by the employee. The Retirement Plan's

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1 actuary shall determine the contribution paid by the

2 employee as an amount equal to the normal cost of the

3 benefit accrued, had the service been rendered as an

4 employee, plus interest per annum from the time such

5 service was rendered until the date the payment is made.

6 (d) From the effective date of this amendatory Act through

7 December 31, 2008, all participating employees shall

8 contribute to the Retirement Plan in an amount not less than 6%

9 of compensation, and the Authority shall contribute to the

10 Retirement Plan in an amount not less than 12% of

11 compensation.

12 (e)(1) Beginning January 1, 2009 the Authority shall make

13 contributions to the Retirement Plan in an amount equal to

14 twelve percent (12%) of compensation and participating

15 employees shall make contributions to the Retirement Plan in

16 an amount equal to six percent (6%) of compensation. These

17 contributions may be paid by the Authority and participating

18 employees on a payroll or other periodic basis, but shall in

19 any case be paid to the Retirement Plan at least monthly.

20 (2) For the period ending December 31, 2040, the amount

21 paid by the Authority in any year with respect to debt service

22 on bonds issued for the purposes of funding a contribution to

23 the Retirement Plan under Section 12c of the Metropolitan

24 Transit Authority Act, other than debt service paid with the

25 proceeds of bonds or notes issued by the Authority for any year

26 after calendar year 2008, shall be treated as a credit against

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1 the amount of required contribution to the Retirement Plan by

2 the Authority under subsection (e)(1) for the following year

3 up to an amount not to exceed 6% of compensation paid by the

4 Authority in that following year.

5 (3) By September 15 of each year beginning in 2009 and

6 ending on December 31, 2039, on the basis of a report prepared

7 by an enrolled actuary retained by the Plan, the Board of

8 Trustees of the Retirement Plan shall determine the estimated

9 funded ratio of the total assets of the Retirement Plan to its

10 total actuarially determined liabilities. A report containing

11 that determination and the actuarial assumptions on which it

12 is based shall be filed with the Authority, the

13 representatives of its participating employees, the Auditor

14 General of the State of Illinois, and the Northern Illinois

15 Transit ~~Regional Transportation~~ Authority. If the funded ratio

16 is projected to decline below 60% in any year before 2040, the

17 Board of Trustees shall also determine the increased

18 contribution required each year as a level percentage of

19 payroll over the years remaining until 2040 using the

20 projected unit credit actuarial cost method so the funded

21 ratio does not decline below 60% and include that

22 determination in its report. If the actual funded ratio

23 declines below 60% in any year prior to 2040, the Board of

24 Trustees shall also determine the increased contribution

25 required each year as a level percentage of payroll during the

26 years after the then current year using the projected unit

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1 credit actuarial cost method so the funded ratio is projected

2 to reach at least 60% no later than 10 years after the then

3 current year and include that determination in its report.

4 Within 60 days after receiving the report, the Auditor General

5 shall review the determination and the assumptions on which it

6 is based, and if he finds that the determination and the

7 assumptions on which it is based are unreasonable in the

8 aggregate, he shall issue a new determination of the funded

9 ratio, the assumptions on which it is based and the increased

10 contribution required each year as a level percentage of

11 payroll over the years remaining until 2040 using the

12 projected unit credit actuarial cost method so the funded

13 ratio does not decline below 60%, or, in the event of an actual

14 decline below 60%, so the funded ratio is projected to reach

15 60% by no later than 10 years after the then current year. If

16 the Board of Trustees or the Auditor General determine that an

17 increased contribution is required to meet the funded ratio

18 required by the subsection, effective January 1 following the

19 determination or 30 days after such determination, whichever

20 is later, one-third of the increased contribution shall be

21 paid by participating employees and two-thirds by the

22 Authority, in addition to the contributions required by this

23 subsection (1).

24 (4) For the period beginning 2040, the minimum

25 contribution to the Retirement Plan for each fiscal year shall

26 be an amount determined by the Board of Trustees of the

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1 Retirement Plan to be sufficient to bring the total assets of

2 the Retirement Plan up to 90% of its total actuarial

3 liabilities by the end of 2059. Participating employees shall

4 be responsible for one-third of the required contribution and

5 the Authority shall be responsible for two-thirds of the

6 required contribution. In making these determinations, the

7 Board of Trustees shall calculate the required contribution

8 each year as a level percentage of payroll over the years

9 remaining to and including fiscal year 2059 using the

10 projected unit credit actuarial cost method. A report

11 containing that determination and the actuarial assumptions on

12 which it is based shall be filed by September 15 of each year

13 with the Authority, the representatives of its participating

14 employees, the Auditor General of the State of Illinois and

15 the Northern Illinois Transit ~~Regional Transportation~~

16 Authority. If the funded ratio is projected to fail to reach

17 90% by December 31, 2059, the Board of Trustees shall also

18 determine the increased contribution required each year as a

19 level percentage of payroll over the years remaining until

20 December 31, 2059 using the projected unit credit actuarial

21 cost method so the funded ratio will meet 90% by December 31,

22 2059 and include that determination in its report. Within 60

23 days after receiving the report, the Auditor General shall

24 review the determination and the assumptions on which it is

25 based and if he finds that the determination and the

26 assumptions on which it is based are unreasonable in the

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1 aggregate, he shall issue a new determination of the funded

2 ratio, the assumptions on which it is based and the increased

3 contribution required each year as a level percentage of

4 payroll over the years remaining until December 31, 2059 using

5 the projected unit credit actuarial cost method so the funded

6 ratio reaches no less than 90% by December 31, 2059. If the

7 Board of Trustees or the Auditor General determine that an

8 increased contribution is required to meet the funded ratio

9 required by this subsection, effective January 1 following the

10 determination or 30 days after such determination, whichever

11 is later, one-third of the increased contribution shall be

12 paid by participating employees and two-thirds by the

13 Authority, in addition to the contributions required by

14 subsection (e)(1).

15 (5) Beginning in 2060, the minimum contribution for each

16 year shall be the amount needed to maintain the total assets of

17 the Retirement Plan at 90% of the total actuarial liabilities

18 of the Plan, and the contribution shall be funded two-thirds

19 by the Authority and one-third by the participating employees

20 in accordance with this subsection.

21 (f) The Authority shall take the steps necessary to comply

22 with Section 414(h)(2) of the Internal Revenue Code of 1986,

23 as amended, to permit the pick-up of employee contributions

24 under subsections (d) and (e) on a tax-deferred basis.

25 (g) The Board of Trustees shall certify to the Governor,

26 the General Assembly, the Auditor General, the Board of the

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1 Northern Illinois Transit ~~Regional Transportation~~ Authority,

2 and the Authority at least 90 days prior to the end of each

3 fiscal year the amount of the required contributions to the

4 retirement system for the next retirement system fiscal year

5 under this Section. The certification shall include a copy of

6 the actuarial recommendations upon which it is based. In

7 addition, copies of the certification shall be sent to the

8 Commission on Government Forecasting and Accountability and

9 the Mayor of Chicago.

10 (h)(1) As to an employee who first becomes entitled to a

11 retirement allowance commencing on or after November 30, 1989,

12 the retirement allowance shall be the amount determined in

13 accordance with the following formula:

14 (A) One percent (1%) of his "Average Annual

15 Compensation in the highest four (4) completed Plan Years"

16 for each full year of continuous service from the date of

17 original employment to the effective date of the Plan;

18 plus

19 (B) One and seventy-five hundredths percent (1.75%) of

20 his "Average Annual Compensation in the highest four (4)

21 completed Plan Years" for each year (including fractions

22 thereof to completed calendar months) of continuous

23 service as provided for in the Retirement Plan for Chicago

24 Transit Authority Employees.

25 Provided, however that:

26 (2) As to an employee who first becomes entitled to a

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1 retirement allowance commencing on or after January 1, 1993,

2 the retirement allowance shall be the amount determined in

3 accordance with the following formula:

4 (A) One percent (1%) of his "Average Annual

5 Compensation in the highest four (4) completed Plan Years"

6 for each full year of continuous service from the date of

7 original employment to the effective date of the Plan;

8 plus

9 (B) One and eighty hundredths percent (1.80%) of his

10 "Average Annual Compensation in the highest four (4)

11 completed Plan Years" for each year (including fractions

12 thereof to completed calendar months) of continuous

13 service as provided for in the Retirement Plan for Chicago

14 Transit Authority Employees.

15 Provided, however that:

16 (3) As to an employee who first becomes entitled to a

17 retirement allowance commencing on or after January 1, 1994,

18 the retirement allowance shall be the amount determined in

19 accordance with the following formula:

20 (A) One percent (1%) of his "Average Annual

21 Compensation in the highest four (4) completed Plan Years"

22 for each full year of continuous service from the date of

23 original employment to the effective date of the Plan;

24 plus

25 (B) One and eighty-five hundredths percent (1.85%) of

26 his "Average Annual Compensation in the highest four (4)

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1 completed Plan Years" for each year (including fractions

2 thereof to completed calendar months) of continuous

3 service as provided for in the Retirement Plan for Chicago

4 Transit Authority Employees.

5 Provided, however that:

6 (4) As to an employee who first becomes entitled to a

7 retirement allowance commencing on or after January 1, 2000,

8 the retirement allowance shall be the amount determined in

9 accordance with the following formula:

10 (A) One percent (1%) of his "Average Annual

11 Compensation in the highest four (4) completed Plan Years"

12 for each full year of continuous service from the date of

13 original employment to the effective date of the Plan;

14 plus

15 (B) Two percent (2%) of his "Average Annual

16 Compensation in the highest four (4) completed Plan Years"

17 for each year (including fractions thereof to completed

18 calendar months) of continuous service as provided for in

19 the Retirement Plan for Chicago Transit Authority

20 Employees.

21 Provided, however that:

22 (5) As to an employee who first becomes entitled to a

23 retirement allowance commencing on or after January 1, 2001,

24 the retirement allowance shall be the amount determined in

25 accordance with the following formula:

26 (A) One percent (1%) of his "Average Annual

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1 Compensation in the highest four (4) completed Plan Years"

2 for each full year of continuous service from the date of

3 original employment to the effective date of the Plan;

4 plus

5 (B) Two and fifteen hundredths percent (2.15%) of his

6 "Average Annual Compensation in the highest four (4)

7 completed Plan Years" for each year (including fractions

8 thereof to completed calendar months) of continuous

9 service as provided for in the Retirement Plan for Chicago

10 Transit Authority Employees.

11 The changes made by this amendatory Act of the 95th

12 General Assembly, to the extent that they affect the rights or

13 privileges of Authority employees that are currently the

14 subject of collective bargaining, have been agreed to between

15 the authorized representatives of these employees and of the

16 Authority prior to enactment of this amendatory Act, as

17 evidenced by a Memorandum of Understanding between these

18 representatives that will be filed with the Secretary of State

19 Index Department and designated as "95-GA-C05". The General

20 Assembly finds and declares that those changes are consistent

21 with 49 U.S.C. 5333(b) (also known as Section 13(c) of the

22 Federal Transit Act) because of this agreement between

23 authorized representatives of these employees and of the

24 Authority, and that any future amendments to the provisions of

25 this amendatory Act of the 95th General Assembly, to the

26 extent those amendments would affect the rights and privileges

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1 of Authority employees that are currently the subject of

2 collective bargaining, would be consistent with 49 U.S.C.

3 5333(b) if and only if those amendments were agreed to between

4 these authorized representatives prior to enactment.

5 (i) Early retirement incentive plan; funded ratio.

6 (1) Beginning on the effective date of this Section,

7 no early retirement incentive shall be offered to

8 participants of the Plan unless the Funded Ratio of the

9 Plan is at least 80% or more.

10 (2) For the purposes of this Section, the Funded Ratio

11 shall be the Adjusted Assets divided by the Actuarial

12 Accrued Liability developed in accordance with Statement

13 #25 promulgated by the Government Accounting Standards

14 Board and the actuarial assumptions described in the Plan.

15 The Adjusted Assets shall be calculated based on the

16 methodology described in the Plan.

17 (j) Nothing in this amendatory Act of the 95th General

18 Assembly shall impair the rights or privileges of Authority

19 employees under any other law.

20 (k) Any individual who, on or after August 19, 2011 (the

21 effective date of Public Act 97-442), first becomes a

22 participant of the Retirement Plan shall not be paid any of the

23 benefits provided under this Code if he or she is convicted of

24 a felony relating to, arising out of, or in connection with his

25 or her service as a participant.

26 This subsection (k) shall not operate to impair any

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1 contract or vested right acquired before August 19, 2011 (the

2 effective date of Public Act 97-442) under any law or laws

3 continued in this Code, and it shall not preclude the right to

4 refund.

5 (Source: P.A. 97-442, eff. 8-19-11; 97-609, eff. 1-1-12;

6 97-813, eff. 7-13-12.)

7 (40 ILCS 5/22-101B)

8 Sec. 22-101B. Health Care Benefits.

9 (a) The Chicago Transit Authority (hereinafter referred to

10 in this Section as the "Authority") shall take all actions

11 lawfully available to it to separate the funding of health

12 care benefits for retirees and their dependents and survivors

13 from the funding for its retirement system. The Authority

14 shall endeavor to achieve this separation as soon as possible,

15 and in any event no later than July 1, 2009.

16 (b) Effective 90 days after the effective date of this

17 amendatory Act of the 95th General Assembly, a Retiree Health

18 Care Trust is established for the purpose of providing health

19 care benefits to eligible retirees and their dependents and

20 survivors in accordance with the terms and conditions set

21 forth in this Section 22-101B. The Retiree Health Care Trust

22 shall be solely responsible for providing health care benefits

23 to eligible retirees and their dependents and survivors upon

24 the exhaustion of the account established by the Retirement

25 Plan for Chicago Transit Authority Employees pursuant to

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1 Section 401(h) of the Internal Revenue Code of 1986, but no

2 earlier than January 1, 2009 and no later than July 1, 2009.

3 (1) The Board of Trustees shall consist of 7 members

4 appointed as follows: (i) 3 trustees shall be appointed by

5 the Chicago Transit Board; (ii) one trustee shall be

6 appointed by an organization representing the highest

7 number of Chicago Transit Authority participants; (iii)

8 one trustee shall be appointed by an organization

9 representing the second-highest number of Chicago Transit

10 Authority participants; (iv) one trustee shall be

11 appointed by the recognized coalition representatives of

12 participants who are not represented by an organization

13 with the highest or second-highest number of Chicago

14 Transit Authority participants; and (v) one trustee shall

15 be selected by the Northern Illinois Transit ~~Regional~~

16 ~~Transportation~~ Authority Board of Directors, and the

17 trustee shall be a professional fiduciary who has

18 experience in the area of collectively bargained retiree

19 health plans. Trustees shall serve until a successor has

20 been appointed and qualified, or until resignation, death,

21 incapacity, or disqualification.

22 Any person appointed as a trustee of the board shall

23 qualify by taking an oath of office that he or she will

24 diligently and honestly administer the affairs of the

25 system, and will not knowingly violate or willfully permit

26 the violation of any of the provisions of law applicable

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1 to the Plan, including Sections 1-109, 1-109.1, 1-109.2,

2 1-110, 1-111, 1-114, and 1-115 of Article 1 of the

3 Illinois Pension Code.

4 Each trustee shall cast individual votes, and a

5 majority vote shall be final and binding upon all

6 interested parties, provided that the Board of Trustees

7 may require a supermajority vote with respect to the

8 investment of the assets of the Retiree Health Care Trust,

9 and may set forth that requirement in the trust agreement

10 or by-laws of the Board of Trustees. Each trustee shall

11 have the rights, privileges, authority and obligations as

12 are usual and customary for such fiduciaries.

13 (2) The Board of Trustees shall establish and

14 administer a health care benefit program for eligible

15 retirees and their dependents and survivors. Any health

16 care benefit program established by the Board of Trustees

17 for eligible retirees and their dependents and survivors

18 effective on or after July 1, 2009 shall not contain any

19 plan which provides for more than 90% coverage for

20 in-network services or 70% coverage for out-of-network

21 services after any deductible has been paid, except that

22 coverage through a health maintenance organization ("HMO")

23 may be provided at 100%.

24 (2.5) The Board of Trustees may also establish and

25 administer a health reimbursement arrangement for retirees

26 and for former employees of the Authority or the

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1 Retirement Plan, and their survivors, who have contributed

2 to the Retiree Health Care Trust but do not satisfy the

3 years of service requirement of subdivision (b)(4) and the

4 terms of the retiree health care plan; or for those who do

5 satisfy the requirements of subdivision (b)(4) and the

6 terms of the retiree health care plan but who decline

7 coverage under the plan prior to retirement. Any such

8 health reimbursement arrangement may provide that: the

9 retirees or former employees of the Authority or the

10 Retirement Plan, and their survivors, must have reached

11 age 65 to be eligible to participate in the health

12 reimbursement arrangement; contributions by the retirees

13 or former employees of the Authority or the Retirement

14 Plan to the Retiree Health Care Trust shall be considered

15 assets of the Retiree Health Care Trust only;

16 contributions shall not accrue interest for the benefit of

17 the retiree or former employee of the Authority or the

18 Retirement Plan or survivor; benefits shall be payable in

19 accordance with the Internal Revenue Code of 1986; the

20 amounts paid to or on account of the retiree or former

21 employee of the Authority or the Retirement Plan or

22 survivor shall not exceed the total amount which the

23 retiree or former employee of the Authority or the

24 Retirement Plan contributed to the Retiree Health Care

25 Trust; the Retiree Health Care Trust may charge a

26 reasonable administrative fee for processing the benefits.

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1 The Board of Trustees of the Retiree Health Care Trust may

2 establish such rules, limitations and requirements as the

3 Board of Trustees deems appropriate.

4 (3) The Retiree Health Care Trust shall be

5 administered by the Board of Trustees according to the

6 following requirements:

7 (i) The Board of Trustees may cause amounts on

8 deposit in the Retiree Health Care Trust to be

9 invested in those investments that are permitted

10 investments for the investment of moneys held under

11 any one or more of the pension or retirement systems of

12 the State, any unit of local government or school

13 district, or any agency or instrumentality thereof.

14 The Board, by a vote of at least two-thirds of the

15 trustees, may transfer investment management to the

16 Illinois State Board of Investment, which is hereby

17 authorized to manage these investments when so

18 requested by the Board of Trustees.

19 (ii) The Board of Trustees shall establish and

20 maintain an appropriate funding reserve level which

21 shall not be less than the amount of incurred and

22 unreported claims plus 12 months of expected claims

23 and administrative expenses.

24 (iii) The Board of Trustees shall make an annual

25 assessment of the funding levels of the Retiree Health

26 Care Trust and shall submit a report to the Auditor

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1 General at least 90 days prior to the end of the fiscal

2 year. The report shall provide the following:

3 (A) the actuarial present value of projected

4 benefits expected to be paid to current and future

5 retirees and their dependents and survivors;

6 (B) the actuarial present value of projected

7 contributions and trust income plus assets;

8 (C) the reserve required by subsection

9 (b)(3)(ii); and

10 (D) an assessment of whether the actuarial

11 present value of projected benefits expected to be

12 paid to current and future retirees and their

13 dependents and survivors exceeds or is less than

14 the actuarial present value of projected

15 contributions and trust income plus assets in

16 excess of the reserve required by subsection

17 (b)(3)(ii).

18 If the actuarial present value of projected

19 benefits expected to be paid to current and future

20 retirees and their dependents and survivors exceeds

21 the actuarial present value of projected contributions

22 and trust income plus assets in excess of the reserve

23 required by subsection (b)(3)(ii), then the report

24 shall provide a plan, to be implemented over a period

25 of not more than 10 years from each valuation date,

26 which would make the actuarial present value of

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1 projected contributions and trust income plus assets

2 equal to or exceed the actuarial present value of

3 projected benefits expected to be paid to current and

4 future retirees and their dependents and survivors.

5 The plan may consist of increases in employee,

6 retiree, dependent, or survivor contribution levels,

7 decreases in benefit levels, or other plan changes or

8 any combination thereof. If the actuarial present

9 value of projected benefits expected to be paid to

10 current and future retirees and their dependents and

11 survivors is less than the actuarial present value of

12 projected contributions and trust income plus assets

13 in excess of the reserve required by subsection

14 (b)(3)(ii), then the report may provide a plan of

15 decreases in employee, retiree, dependent, or survivor

16 contribution levels, increases in benefit levels, or

17 other plan changes, or any combination thereof, to the

18 extent of the surplus.

19 (iv) The Auditor General shall review the report

20 and plan provided in subsection (b)(3)(iii) and issue

21 a determination within 90 days after receiving the

22 report and plan, with a copy of such determination

23 provided to the General Assembly and the Northern

24 Illinois Transit ~~Regional Transportation~~ Authority, as

25 follows:

26 (A) In the event of a projected shortfall, if

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1 the Auditor General determines that the

2 assumptions stated in the report are not

3 unreasonable in the aggregate and that the plan of

4 increases in employee, retiree, dependent, or

5 survivor contribution levels, decreases in benefit

6 levels, or other plan changes, or any combination

7 thereof, to be implemented over a period of not

8 more than 10 years from each valuation date, is

9 reasonably projected to make the actuarial present

10 value of projected contributions and trust income

11 plus assets equal to or in excess of the actuarial

12 present value of projected benefits expected to be

13 paid to current and future retirees and their

14 dependents and survivors, then the Board of

15 Trustees shall implement the plan. If the Auditor

16 General determines that the assumptions stated in

17 the report are unreasonable in the aggregate, or

18 that the plan of increases in employee, retiree,

19 dependent, or survivor contribution levels,

20 decreases in benefit levels, or other plan changes

21 to be implemented over a period of not more than 10

22 years from each valuation date, is not reasonably

23 projected to make the actuarial present value of

24 projected contributions and trust income plus

25 assets equal to or in excess of the actuarial

26 present value of projected benefits expected to be

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1 paid to current and future retirees and their

2 dependents and survivors, then the Board of

3 Trustees shall not implement the plan, the Auditor

4 General shall explain the basis for such

5 determination to the Board of Trustees, and the

6 Auditor General may make recommendations as to an

7 alternative report and plan.

8 (B) In the event of a projected surplus, if

9 the Auditor General determines that the

10 assumptions stated in the report are not

11 unreasonable in the aggregate and that the plan of

12 decreases in employee, retiree, dependent, or

13 survivor contribution levels, increases in benefit

14 levels, or both, is not unreasonable in the

15 aggregate, then the Board of Trustees shall

16 implement the plan. If the Auditor General

17 determines that the assumptions stated in the

18 report are unreasonable in the aggregate, or that

19 the plan of decreases in employee, retiree,

20 dependent, or survivor contribution levels,

21 increases in benefit levels, or both, is

22 unreasonable in the aggregate, then the Board of

23 Trustees shall not implement the plan, the Auditor

24 General shall explain the basis for such

25 determination to the Board of Trustees, and the

26 Auditor General may make recommendations as to an

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1 alternative report and plan.

2 (C) The Board of Trustees shall submit an

3 alternative report and plan within 45 days after

4 receiving a rejection determination by the Auditor

5 General. A determination by the Auditor General on

6 any alternative report and plan submitted by the

7 Board of Trustees shall be made within 90 days

8 after receiving the alternative report and plan,

9 and shall be accepted or rejected according to the

10 requirements of this subsection (b)(3)(iv). The

11 Board of Trustees shall continue to submit

12 alternative reports and plans to the Auditor

13 General, as necessary, until a favorable

14 determination is made by the Auditor General.

15 (4) For any retiree who first retires effective on or

16 after January 18, 2008, to be eligible for retiree health

17 care benefits upon retirement, the retiree must be at

18 least 55 years of age, retire with 10 or more years of

19 continuous service and satisfy the preconditions

20 established by Public Act 95-708 in addition to any rules

21 or regulations promulgated by the Board of Trustees.

22 Notwithstanding the foregoing, any retiree hired on or

23 before September 5, 2001 who retires with 25 years or more

24 of continuous service shall be eligible for retiree health

25 care benefits upon retirement in accordance with any rules

26 or regulations adopted by the Board of Trustees; provided

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1 he or she retires prior to the full execution of the

2 successor collective bargaining agreement to the

3 collective bargaining agreement that became effective

4 January 1, 2007 between the Authority and the

5 organizations representing the highest and second-highest

6 number of Chicago Transit Authority participants. This

7 paragraph (4) shall not apply to a disability allowance.

8 (5) Effective January 1, 2009, the aggregate amount of

9 retiree, dependent and survivor contributions to the cost

10 of their health care benefits shall not exceed more than

11 45% of the total cost of such benefits. The Board of

12 Trustees shall have the discretion to provide different

13 contribution levels for retirees, dependents and survivors

14 based on their years of service, level of coverage or

15 Medicare eligibility, provided that the total contribution

16 from all retirees, dependents, and survivors shall be not

17 more than 45% of the total cost of such benefits. The term

18 "total cost of such benefits" for purposes of this

19 subsection shall be the total amount expended by the

20 retiree health benefit program in the prior plan year, as

21 calculated and certified in writing by the Retiree Health

22 Care Trust's enrolled actuary to be appointed and paid for

23 by the Board of Trustees.

24 (6) Effective January 1, 2022, all employees of the

25 Authority shall contribute to the Retiree Health Care

26 Trust in an amount not less than 1% of compensation.

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1 (7) No earlier than January 1, 2009 and no later than

2 July 1, 2009 as the Retiree Health Care Trust becomes

3 solely responsible for providing health care benefits to

4 eligible retirees and their dependents and survivors in

5 accordance with subsection (b) of this Section 22-101B,

6 the Authority shall not have any obligation to provide

7 health care to current or future retirees and their

8 dependents or survivors. Employees, retirees, dependents,

9 and survivors who are required to make contributions to

10 the Retiree Health Care Trust shall make contributions at

11 the level set by the Board of Trustees pursuant to the

12 requirements of this Section 22-101B.

13 (Source: P.A. 102-415, eff. 1-1-22.)

14 (40 ILCS 5/22-103)

15 Sec. 22-103. Northern Illinois Transit ~~Regional~~

16 ~~Transportation~~ Authority and related pension plans.

17 (a) As used in this Section:

18 "Affected pension plan" means a defined-benefit pension

19 plan supported in whole or in part by employer contributions

20 and maintained by the Northern Illinois Transit ~~Regional~~

21 ~~Transportation~~ Authority, the Suburban Bus Division, or the

22 Commuter Rail Division, or any combination thereof, under the

23 general authority of the Northern Illinois Transit ~~Regional~~

24 ~~Transportation~~ Authority Act, including but not limited to any

25 such plan that has been established under or is subject to a

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1 collective bargaining agreement or is limited to employees

2 covered by a collective bargaining agreement. "Affected

3 pension plan" does not include any pension fund or retirement

4 system subject to Section 22-101 of this Section.

5 "Authority" means the Northern Illinois Transit ~~Regional~~

6 ~~Transportation~~ Authority created under the Northern Illinois

7 Transit ~~Regional Transportation~~ Authority Act.

8 "Contributing employer" means an employer that is required

9 to make contributions to an affected pension plan under the

10 terms of that plan.

11 "Funding ratio" means the ratio of an affected pension

12 plan's assets to the present value of its actuarial

13 liabilities, as determined at its latest actuarial valuation

14 in accordance with applicable actuarial assumptions and

15 recommendations.

16 "Under-funded pension plan" or "under-funded" means an

17 affected pension plan that, at the time of its last actuarial

18 valuation, has a funding ratio of less than 90%.

19 (b) The contributing employers of each affected pension

20 plan have a general duty to make the required employer

21 contributions to the affected pension plan in a timely manner

22 in accordance with the terms of the plan. A contributing

23 employer must make contributions to the affected pension plan

24 as required under this subsection and, if applicable,

25 subsection (c); a contributing employer may make any

26 additional contributions provided for by the board of the

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1 employer or collective bargaining agreement.

2 (c) In the case of an affected pension plan that is

3 under-funded on January 1, 2009 or becomes under-funded at any

4 time after that date, the contributing employers shall

5 contribute to the affected pension plan, in addition to all

6 amounts otherwise required, amounts sufficient to bring the

7 funding ratio of the affected pension plan up to 90% in

8 accordance with an amortization schedule adopted jointly by

9 the contributing employers and the trustee of the affected

10 pension plan. The amortization schedule may extend for any

11 period up to a maximum of 50 years and shall provide for

12 additional employer contributions in substantially equal

13 annual amounts over the selected period. If the contributing

14 employers and the trustee of the affected pension plan do not

15 agree on an appropriate period for the amortization schedule

16 within 6 months of the date of determination that the plan is

17 under-funded, then the amortization schedule shall be based on

18 a period of 50 years.

19 In the case of an affected pension plan that has more than

20 one contributing employer, each contributing employer's share

21 of the total additional employer contributions required under

22 this subsection shall be determined: (i) in proportion to the

23 amounts, if any, by which the respective contributing

24 employers have failed to meet their contribution obligations

25 under the terms of the affected pension plan; or (ii) if all of

26 the contributing employers have met their contribution

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1 obligations under the terms of the affected pension plan, then

2 in the same proportion as they are required to contribute

3 under the terms of that plan. In the case of an affected

4 pension plan that has only one contributing employer, that

5 contributing employer is responsible for all of the additional

6 employer contributions required under this subsection.

7 If an under-funded pension plan is determined to have

8 achieved a funding ratio of at least 90% during the period when

9 an amortization schedule is in force under this Section, the

10 contributing employers and the trustee of the affected pension

11 plan, acting jointly, may cancel the amortization schedule and

12 the contributing employers may cease making additional

13 contributions under this subsection for as long as the

14 affected pension plan retains a funding ratio of at least 90%.

15 (d) Beginning January 1, 2009, if the Authority fails to

16 pay to an affected pension fund within 30 days after it is due

17 (i) any employer contribution that it is required to make as a

18 contributing employer, (ii) any additional employer

19 contribution that it is required to pay under subsection (c),

20 or (iii) any payment that it is required to make under Section

21 4.02a or 4.02b of the Northern Illinois Transit ~~Regional~~

22 ~~Transportation~~ Authority Act, the trustee of the affected

23 pension fund shall promptly so notify the Commission on

24 Government Forecasting and Accountability, the Mayor of

25 Chicago, the Governor, and the General Assembly.

26 (e) For purposes of determining employer contributions,

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1 assets, and actuarial liabilities under this subsection,

2 contributions, assets, and liabilities relating to health care

3 benefits shall not be included.

4 (f) This amendatory Act of the 94th General Assembly does

5 not affect or impair the right of any contributing employer or

6 its employees to collectively bargain the amount or level of

7 employee contributions to an affected pension plan, to the

8 extent that the plan includes employees subject to collective

9 bargaining.

10 (g) Any individual who, on or after August 19, 2011 (the

11 effective date of Public Act 97-442), first becomes a

12 participant of an affected pension plan shall not be paid any

13 of the benefits provided under this Code if he or she is

14 convicted of a felony relating to, arising out of, or in

15 connection with his or her service as a participant.

16 This subsection shall not operate to impair any contract

17 or vested right acquired before August 19, 2011 (the effective

18 date of Public Act 97-442) under any law or laws continued in

19 this Code, and it shall not preclude the right to refund.

20 (h) Notwithstanding any other provision of this Article or

21 any law to the contrary, a person who, on or after January 1,

22 2012 (the effective date of Public Act 97-609), first becomes

23 a director on the Suburban Bus Board, the Commuter Rail Board,

24 or the Board of Directors of the Northern Illinois Transit

25 ~~Regional Transportation~~ Authority shall not be eligible to

26 participate in an affected pension plan.

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1 (Source: P.A. 97-442, eff. 8-19-11; 97-609, eff. 1-1-12;

2 97-813, eff. 7-13-12.)

3 (40 ILCS 5/22-105)

4 Sec. 22-105. Application to Northern Illinois Transit

5 ~~Regional Transportation~~ Authority Board members. This Code

6 does not apply to any individual who first becomes a member of

7 the Northern Illinois Transit ~~Regional Transportation~~

8 Authority Board on or after the effective date of this

9 amendatory Act of the 98th General Assembly with respect to

10 service on that Board.

11 (Source: P.A. 98-108, eff. 7-23-13.)

12 Section 15-135. The Illinois Municipal Budget Law is

13 amended by changing Section 2 as follows:

14 (50 ILCS 330/2) (from Ch. 85, par. 802)

15 Sec. 2. The following terms, unless the context otherwise

16 indicates, have the following meaning:

17 (1) "Municipality" means and includes all municipal

18 corporations and political subdivisions of this State, or any

19 such unit or body hereafter created by authority of law,

20 except the following: (a) The State of Illinois; (b) counties;

21 (c) cities, villages and incorporated towns; (d) sanitary

22 districts created under "An Act to create sanitary districts

23 and to remove obstructions in the Des Plaines and Illinois

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1 Rivers", approved May 29, 1889, as amended; (e) forest

2 preserve districts having a population of 500,000 or more,

3 created under "An Act to provide for the creation and

4 management of forest preserve districts and repealing certain

5 Acts therein named", approved June 27, 1913, as amended; (f)

6 school districts; (g) the Chicago Park District created under

7 "An Act in relation to the creation, maintenance, operation

8 and improvement of the Chicago Park District", approved, June

9 10, 1933, as amended; (h) park districts created under "The

10 Park District Code", approved July 8, 1947, as amended; (i)

11 the Northern Illinois Transit ~~Regional Transportation~~

12 Authority created under the "Northern Illinois Transit

13 ~~Regional Transportation~~ Authority Act", enacted by the 78th

14 General Assembly; and (j) the Illinois Sports Facilities

15 Authority.

16 (2) "Governing body" means the corporate authorities,

17 body, or other officer of the municipality authorized by law

18 to raise revenue, appropriate funds, or levy taxes for the

19 operation and maintenance thereof.

20 (3) "Department" means the Department of Commerce and

21 Economic Opportunity.

22 (Source: P.A. 94-793, eff. 5-19-06.)

23 Section 15-140. The Counties Code is amended by changing

24 Section 6-34000 as follows:

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1 (55 ILCS 5/6-34000)

2 Sec. 6-34000. Report on funds received under the Northern

3 Illinois Transit ~~Regional Transportation~~ Authority Act. If the

4 Board of the Northern Illinois Transit ~~Regional Transportation~~

5 Authority adopts an ordinance under Section 4.03 of the

6 Northern Illinois Transit ~~Regional Transportation~~ Authority

7 Act imposing a retailers' occupation tax and a service

8 occupation tax at the rate of 0.75% in the counties of DuPage,

9 Kane, Lake, McHenry, and Will, then the County Boards of

10 DuPage, Kane, Lake, McHenry, and Will counties shall each

11 report to the General Assembly and the Commission on

12 Government Forecasting and Accountability by March 1 of the

13 year following the adoption of the ordinance and March 1 of

14 each year thereafter. That report shall include the total

15 amounts received by the County under subsection (n) of Section

16 4.03 of the Northern Illinois Transit ~~Regional Transportation~~

17 Authority Act and the expenditures and obligations of the

18 County using those funds during the previous calendar year.

19 (Source: P.A. 95-906, eff. 8-26-08.)

20 Section 15-145. The Illinois Municipal Code is amended by

21 changing Section 11-74.4-3 and the heading of Article 11 Div.

22 122.2 and Section 11-122.2-1 as follows:

23 (65 ILCS 5/11-74.4-3) (from Ch. 24, par. 11-74.4-3)

24 Sec. 11-74.4-3. Definitions. The following terms, wherever

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1 used or referred to in this Division 74.4 shall have the

2 following respective meanings, unless in any case a different

3 meaning clearly appears from the context.

4 (a) For any redevelopment project area that has been

5 designated pursuant to this Section by an ordinance adopted

6 prior to November 1, 1999 (the effective date of Public Act

7 91-478), "blighted area" shall have the meaning set forth in

8 this Section prior to that date.

9 On and after November 1, 1999, "blighted area" means any

10 improved or vacant area within the boundaries of a

11 redevelopment project area located within the territorial

12 limits of the municipality where:

13 (1) If improved, industrial, commercial, and

14 residential buildings or improvements are detrimental to

15 the public safety, health, or welfare because of a

16 combination of 5 or more of the following factors, each of

17 which is (i) present, with that presence documented, to a

18 meaningful extent so that a municipality may reasonably

19 find that the factor is clearly present within the intent

20 of the Act and (ii) reasonably distributed throughout the

21 improved part of the redevelopment project area:

22 (A) Dilapidation. An advanced state of disrepair

23 or neglect of necessary repairs to the primary

24 structural components of buildings or improvements in

25 such a combination that a documented building

26 condition analysis determines that major repair is

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1 required or the defects are so serious and so

2 extensive that the buildings must be removed.

3 (B) Obsolescence. The condition or process of

4 falling into disuse. Structures have become ill-suited

5 for the original use.

6 (C) Deterioration. With respect to buildings,

7 defects including, but not limited to, major defects

8 in the secondary building components such as doors,

9 windows, porches, gutters and downspouts, and fascia.

10 With respect to surface improvements, that the

11 condition of roadways, alleys, curbs, gutters,

12 sidewalks, off-street parking, and surface storage

13 areas evidence deterioration, including, but not

14 limited to, surface cracking, crumbling, potholes,

15 depressions, loose paving material, and weeds

16 protruding through paved surfaces.

17 (D) Presence of structures below minimum code

18 standards. All structures that do not meet the

19 standards of zoning, subdivision, building, fire, and

20 other governmental codes applicable to property, but

21 not including housing and property maintenance codes.

22 (E) Illegal use of individual structures. The use

23 of structures in violation of applicable federal,

24 State, or local laws, exclusive of those applicable to

25 the presence of structures below minimum code

26 standards.

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1 (F) Excessive vacancies. The presence of buildings

2 that are unoccupied or under-utilized and that

3 represent an adverse influence on the area because of

4 the frequency, extent, or duration of the vacancies.

5 (G) Lack of ventilation, light, or sanitary

6 facilities. The absence of adequate ventilation for

7 light or air circulation in spaces or rooms without

8 windows, or that require the removal of dust, odor,

9 gas, smoke, or other noxious airborne materials.

10 Inadequate natural light and ventilation means the

11 absence of skylights or windows for interior spaces or

12 rooms and improper window sizes and amounts by room

13 area to window area ratios. Inadequate sanitary

14 facilities refers to the absence or inadequacy of

15 garbage storage and enclosure, bathroom facilities,

16 hot water and kitchens, and structural inadequacies

17 preventing ingress and egress to and from all rooms

18 and units within a building.

19 (H) Inadequate utilities. Underground and overhead

20 utilities such as storm sewers and storm drainage,

21 sanitary sewers, water lines, and gas, telephone, and

22 electrical services that are shown to be inadequate.

23 Inadequate utilities are those that are: (i) of

24 insufficient capacity to serve the uses in the

25 redevelopment project area, (ii) deteriorated,

26 antiquated, obsolete, or in disrepair, or (iii)

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1 lacking within the redevelopment project area.

2 (I) Excessive land coverage and overcrowding of

3 structures and community facilities. The

4 over-intensive use of property and the crowding of

5 buildings and accessory facilities onto a site.

6 Examples of problem conditions warranting the

7 designation of an area as one exhibiting excessive

8 land coverage are: (i) the presence of buildings

9 either improperly situated on parcels or located on

10 parcels of inadequate size and shape in relation to

11 present-day standards of development for health and

12 safety and (ii) the presence of multiple buildings on

13 a single parcel. For there to be a finding of excessive

14 land coverage, these parcels must exhibit one or more

15 of the following conditions: insufficient provision

16 for light and air within or around buildings,

17 increased threat of spread of fire due to the close

18 proximity of buildings, lack of adequate or proper

19 access to a public right-of-way, lack of reasonably

20 required off-street parking, or inadequate provision

21 for loading and service.

22 (J) Deleterious land use or layout. The existence

23 of incompatible land-use relationships, buildings

24 occupied by inappropriate mixed-uses, or uses

25 considered to be noxious, offensive, or unsuitable for

26 the surrounding area.

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1 (K) Environmental clean-up. The proposed

2 redevelopment project area has incurred Illinois

3 Environmental Protection Agency or United States

4 Environmental Protection Agency remediation costs for,

5 or a study conducted by an independent consultant

6 recognized as having expertise in environmental

7 remediation has determined a need for, the clean-up of

8 hazardous waste, hazardous substances, or underground

9 storage tanks required by State or federal law,

10 provided that the remediation costs constitute a

11 material impediment to the development or

12 redevelopment of the redevelopment project area.

13 (L) Lack of community planning. The proposed

14 redevelopment project area was developed prior to or

15 without the benefit or guidance of a community plan.

16 This means that the development occurred prior to the

17 adoption by the municipality of a comprehensive or

18 other community plan or that the plan was not followed

19 at the time of the area's development. This factor

20 must be documented by evidence of adverse or

21 incompatible land-use relationships, inadequate street

22 layout, improper subdivision, parcels of inadequate

23 shape and size to meet contemporary development

24 standards, or other evidence demonstrating an absence

25 of effective community planning.

26 (M) The total equalized assessed value of the

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1 proposed redevelopment project area has declined for 3

2 of the last 5 calendar years prior to the year in which

3 the redevelopment project area is designated or is

4 increasing at an annual rate that is less than the

5 balance of the municipality for 3 of the last 5

6 calendar years for which information is available or

7 is increasing at an annual rate that is less than the

8 Consumer Price Index for All Urban Consumers published

9 by the United States Department of Labor or successor

10 agency for 3 of the last 5 calendar years prior to the

11 year in which the redevelopment project area is

12 designated.

13 (2) If vacant, the sound growth of the redevelopment

14 project area is impaired by a combination of 2 or more of

15 the following factors, each of which is (i) present, with

16 that presence documented, to a meaningful extent so that a

17 municipality may reasonably find that the factor is

18 clearly present within the intent of the Act and (ii)

19 reasonably distributed throughout the vacant part of the

20 redevelopment project area to which it pertains:

21 (A) Obsolete platting of vacant land that results

22 in parcels of limited or narrow size or configurations

23 of parcels of irregular size or shape that would be

24 difficult to develop on a planned basis and in a manner

25 compatible with contemporary standards and

26 requirements, or platting that failed to create

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1 rights-of-way ~~rights-of-ways~~ for streets or alleys or

2 that created inadequate right-of-way widths for

3 streets, alleys, or other public rights-of-way or that

4 omitted easements for public utilities.

5 (B) Diversity of ownership of parcels of vacant

6 land sufficient in number to retard or impede the

7 ability to assemble the land for development.

8 (C) Tax and special assessment delinquencies exist

9 or the property has been the subject of tax sales under

10 the Property Tax Code within the last 5 years.

11 (D) Deterioration of structures or site

12 improvements in neighboring areas adjacent to the

13 vacant land.

14 (E) The area has incurred Illinois Environmental

15 Protection Agency or United States Environmental

16 Protection Agency remediation costs for, or a study

17 conducted by an independent consultant recognized as

18 having expertise in environmental remediation has

19 determined a need for, the clean-up of hazardous

20 waste, hazardous substances, or underground storage

21 tanks required by State or federal law, provided that

22 the remediation costs constitute a material impediment

23 to the development or redevelopment of the

24 redevelopment project area.

25 (F) The total equalized assessed value of the

26 proposed redevelopment project area has declined for 3

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1 of the last 5 calendar years prior to the year in which

2 the redevelopment project area is designated or is

3 increasing at an annual rate that is less than the

4 balance of the municipality for 3 of the last 5

5 calendar years for which information is available or

6 is increasing at an annual rate that is less than the

7 Consumer Price Index for All Urban Consumers published

8 by the United States Department of Labor or successor

9 agency for 3 of the last 5 calendar years prior to the

10 year in which the redevelopment project area is

11 designated.

12 (3) If vacant, the sound growth of the redevelopment

13 project area is impaired by one of the following factors

14 that (i) is present, with that presence documented, to a

15 meaningful extent so that a municipality may reasonably

16 find that the factor is clearly present within the intent

17 of the Act and (ii) is reasonably distributed throughout

18 the vacant part of the redevelopment project area to which

19 it pertains:

20 (A) The area consists of one or more unused

21 quarries, mines, or strip mine ponds.

22 (B) The area consists of unused rail yards, rail

23 tracks, or railroad rights-of-way.

24 (C) The area, prior to its designation, is subject

25 to (i) chronic flooding that adversely impacts on real

26 property in the area as certified by a registered

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1 professional engineer or appropriate regulatory agency

2 or (ii) surface water that discharges from all or a

3 part of the area and contributes to flooding within

4 the same watershed, but only if the redevelopment

5 project provides for facilities or improvements to

6 contribute to the alleviation of all or part of the

7 flooding.

8 (D) The area consists of an unused or illegal

9 disposal site containing earth, stone, building

10 debris, or similar materials that were removed from

11 construction, demolition, excavation, or dredge sites.

12 (E) Prior to November 1, 1999, the area is not less

13 than 50 nor more than 100 acres and 75% of which is

14 vacant (notwithstanding that the area has been used

15 for commercial agricultural purposes within 5 years

16 prior to the designation of the redevelopment project

17 area), and the area meets at least one of the factors

18 itemized in paragraph (1) of this subsection, the area

19 has been designated as a town or village center by

20 ordinance or comprehensive plan adopted prior to

21 January 1, 1982, and the area has not been developed

22 for that designated purpose.

23 (F) The area qualified as a blighted improved area

24 immediately prior to becoming vacant, unless there has

25 been substantial private investment in the immediately

26 surrounding area.

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1 (b) For any redevelopment project area that has been

2 designated pursuant to this Section by an ordinance adopted

3 prior to November 1, 1999 (the effective date of Public Act

4 91-478), "conservation area" shall have the meaning set forth

5 in this Section prior to that date.

6 On and after November 1, 1999, "conservation area" means

7 any improved area within the boundaries of a redevelopment

8 project area located within the territorial limits of the

9 municipality in which 50% or more of the structures in the area

10 have an age of 35 years or more. Such an area is not yet a

11 blighted area but because of a combination of 3 or more of the

12 following factors is detrimental to the public safety, health,

13 morals or welfare and such an area may become a blighted area:

14 (1) Dilapidation. An advanced state of disrepair or

15 neglect of necessary repairs to the primary structural

16 components of buildings or improvements in such a

17 combination that a documented building condition analysis

18 determines that major repair is required or the defects

19 are so serious and so extensive that the buildings must be

20 removed.

21 (2) Obsolescence. The condition or process of falling

22 into disuse. Structures have become ill-suited for the

23 original use.

24 (3) Deterioration. With respect to buildings, defects

25 including, but not limited to, major defects in the

26 secondary building components such as doors, windows,

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1 porches, gutters and downspouts, and fascia. With respect

2 to surface improvements, that the condition of roadways,

3 alleys, curbs, gutters, sidewalks, off-street parking, and

4 surface storage areas evidence deterioration, including,

5 but not limited to, surface cracking, crumbling, potholes,

6 depressions, loose paving material, and weeds protruding

7 through paved surfaces.

8 (4) Presence of structures below minimum code

9 standards. All structures that do not meet the standards

10 of zoning, subdivision, building, fire, and other

11 governmental codes applicable to property, but not

12 including housing and property maintenance codes.

13 (5) Illegal use of individual structures. The use of

14 structures in violation of applicable federal, State, or

15 local laws, exclusive of those applicable to the presence

16 of structures below minimum code standards.

17 (6) Excessive vacancies. The presence of buildings

18 that are unoccupied or under-utilized and that represent

19 an adverse influence on the area because of the frequency,

20 extent, or duration of the vacancies.

21 (7) Lack of ventilation, light, or sanitary

22 facilities. The absence of adequate ventilation for light

23 or air circulation in spaces or rooms without windows, or

24 that require the removal of dust, odor, gas, smoke, or

25 other noxious airborne materials. Inadequate natural light

26 and ventilation means the absence or inadequacy of

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1 skylights or windows for interior spaces or rooms and

2 improper window sizes and amounts by room area to window

3 area ratios. Inadequate sanitary facilities refers to the

4 absence or inadequacy of garbage storage and enclosure,

5 bathroom facilities, hot water and kitchens, and

6 structural inadequacies preventing ingress and egress to

7 and from all rooms and units within a building.

8 (8) Inadequate utilities. Underground and overhead

9 utilities such as storm sewers and storm drainage,

10 sanitary sewers, water lines, and gas, telephone, and

11 electrical services that are shown to be inadequate.

12 Inadequate utilities are those that are: (i) of

13 insufficient capacity to serve the uses in the

14 redevelopment project area, (ii) deteriorated, antiquated,

15 obsolete, or in disrepair, or (iii) lacking within the

16 redevelopment project area.

17 (9) Excessive land coverage and overcrowding of

18 structures and community facilities. The over-intensive

19 use of property and the crowding of buildings and

20 accessory facilities onto a site. Examples of problem

21 conditions warranting the designation of an area as one

22 exhibiting excessive land coverage are: the presence of

23 buildings either improperly situated on parcels or located

24 on parcels of inadequate size and shape in relation to

25 present-day standards of development for health and safety

26 and the presence of multiple buildings on a single parcel.

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1 For there to be a finding of excessive land coverage,

2 these parcels must exhibit one or more of the following

3 conditions: insufficient provision for light and air

4 within or around buildings, increased threat of spread of

5 fire due to the close proximity of buildings, lack of

6 adequate or proper access to a public right-of-way, lack

7 of reasonably required off-street parking, or inadequate

8 provision for loading and service.

9 (10) Deleterious land use or layout. The existence of

10 incompatible land-use relationships, buildings occupied by

11 inappropriate mixed-uses, or uses considered to be

12 noxious, offensive, or unsuitable for the surrounding

13 area.

14 (11) Lack of community planning. The proposed

15 redevelopment project area was developed prior to or

16 without the benefit or guidance of a community plan. This

17 means that the development occurred prior to the adoption

18 by the municipality of a comprehensive or other community

19 plan or that the plan was not followed at the time of the

20 area's development. This factor must be documented by

21 evidence of adverse or incompatible land-use

22 relationships, inadequate street layout, improper

23 subdivision, parcels of inadequate shape and size to meet

24 contemporary development standards, or other evidence

25 demonstrating an absence of effective community planning.

26 (12) The area has incurred Illinois Environmental

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1 Protection Agency or United States Environmental

2 Protection Agency remediation costs for, or a study

3 conducted by an independent consultant recognized as

4 having expertise in environmental remediation has

5 determined a need for, the clean-up of hazardous waste,

6 hazardous substances, or underground storage tanks

7 required by State or federal law, provided that the

8 remediation costs constitute a material impediment to the

9 development or redevelopment of the redevelopment project

10 area.

11 (13) The total equalized assessed value of the

12 proposed redevelopment project area has declined for 3 of

13 the last 5 calendar years for which information is

14 available or is increasing at an annual rate that is less

15 than the balance of the municipality for 3 of the last 5

16 calendar years for which information is available or is

17 increasing at an annual rate that is less than the

18 Consumer Price Index for All Urban Consumers published by

19 the United States Department of Labor or successor agency

20 for 3 of the last 5 calendar years for which information is

21 available.

22 (c) "Industrial park" means an area in a blighted or

23 conservation area suitable for use by any manufacturing,

24 industrial, research or transportation enterprise, of

25 facilities to include but not be limited to factories, mills,

26 processing plants, assembly plants, packing plants,

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1 fabricating plants, industrial distribution centers,

2 warehouses, repair overhaul or service facilities, freight

3 terminals, research facilities, test facilities or railroad

4 facilities.

5 (d) "Industrial park conservation area" means an area

6 within the boundaries of a redevelopment project area located

7 within the territorial limits of a municipality that is a

8 labor surplus municipality or within 1 1/2 miles of the

9 territorial limits of a municipality that is a labor surplus

10 municipality if the area is annexed to the municipality; which

11 area is zoned as industrial no later than at the time the

12 municipality by ordinance designates the redevelopment project

13 area, and which area includes both vacant land suitable for

14 use as an industrial park and a blighted area or conservation

15 area contiguous to such vacant land.

16 (e) "Labor surplus municipality" means a municipality in

17 which, at any time during the 6 months before the municipality

18 by ordinance designates an industrial park conservation area,

19 the unemployment rate was over 6% and was also 100% or more of

20 the national average unemployment rate for that same time as

21 published in the United States Department of Labor Bureau of

22 Labor Statistics publication entitled "The Employment

23 Situation" or its successor publication. For the purpose of

24 this subsection, if unemployment rate statistics for the

25 municipality are not available, the unemployment rate in the

26 municipality shall be deemed to be the same as the

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1 unemployment rate in the principal county in which the

2 municipality is located.

3 (f) "Municipality" shall mean a city, village,

4 incorporated town, or a township that is located in the

5 unincorporated portion of a county with 3 million or more

6 inhabitants, if the county adopted an ordinance that approved

7 the township's redevelopment plan.

8 (g) "Initial Sales Tax Amounts" means the amount of taxes

9 paid under the Retailers' Occupation Tax Act, Use Tax Act,

10 Service Use Tax Act, the Service Occupation Tax Act, the

11 Municipal Retailers' Occupation Tax Act, and the Municipal

12 Service Occupation Tax Act by retailers and servicemen on

13 transactions at places located in a State Sales Tax Boundary

14 during the calendar year 1985.

15 (g-1) "Revised Initial Sales Tax Amounts" means the amount

16 of taxes paid under the Retailers' Occupation Tax Act, Use Tax

17 Act, Service Use Tax Act, the Service Occupation Tax Act, the

18 Municipal Retailers' Occupation Tax Act, and the Municipal

19 Service Occupation Tax Act by retailers and servicemen on

20 transactions at places located within the State Sales Tax

21 Boundary revised pursuant to Section 11-74.4-8a(9) of this

22 Act.

23 (h) "Municipal Sales Tax Increment" means an amount equal

24 to the increase in the aggregate amount of taxes paid to a

25 municipality from the Local Government Tax Fund arising from

26 sales by retailers and servicemen within the redevelopment

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1 project area or State Sales Tax Boundary, as the case may be,

2 for as long as the redevelopment project area or State Sales

3 Tax Boundary, as the case may be, exist over and above the

4 aggregate amount of taxes as certified by the Illinois

5 Department of Revenue and paid under the Municipal Retailers'

6 Occupation Tax Act and the Municipal Service Occupation Tax

7 Act by retailers and servicemen, on transactions at places of

8 business located in the redevelopment project area or State

9 Sales Tax Boundary, as the case may be, during the base year

10 which shall be the calendar year immediately prior to the year

11 in which the municipality adopted tax increment allocation

12 financing. For purposes of computing the aggregate amount of

13 such taxes for base years occurring prior to 1985, the

14 Department of Revenue shall determine the Initial Sales Tax

15 Amounts for such taxes and deduct therefrom an amount equal to

16 4% of the aggregate amount of taxes per year for each year the

17 base year is prior to 1985, but not to exceed a total deduction

18 of 12%. The amount so determined shall be known as the

19 "Adjusted Initial Sales Tax Amounts". For purposes of

20 determining the Municipal Sales Tax Increment, the Department

21 of Revenue shall for each period subtract from the amount paid

22 to the municipality from the Local Government Tax Fund arising

23 from sales by retailers and servicemen on transactions located

24 in the redevelopment project area or the State Sales Tax

25 Boundary, as the case may be, the certified Initial Sales Tax

26 Amounts, the Adjusted Initial Sales Tax Amounts or the Revised

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1 Initial Sales Tax Amounts for the Municipal Retailers'

2 Occupation Tax Act and the Municipal Service Occupation Tax

3 Act. For the State Fiscal Year 1989, this calculation shall be

4 made by utilizing the calendar year 1987 to determine the tax

5 amounts received. For the State Fiscal Year 1990, this

6 calculation shall be made by utilizing the period from January

7 1, 1988, until September 30, 1988, to determine the tax

8 amounts received from retailers and servicemen pursuant to the

9 Municipal Retailers' Occupation Tax and the Municipal Service

10 Occupation Tax Act, which shall have deducted therefrom

11 nine-twelfths of the certified Initial Sales Tax Amounts, the

12 Adjusted Initial Sales Tax Amounts or the Revised Initial

13 Sales Tax Amounts as appropriate. For the State Fiscal Year

14 1991, this calculation shall be made by utilizing the period

15 from October 1, 1988, to June 30, 1989, to determine the tax

16 amounts received from retailers and servicemen pursuant to the

17 Municipal Retailers' Occupation Tax and the Municipal Service

18 Occupation Tax Act which shall have deducted therefrom

19 nine-twelfths of the certified Initial Sales Tax Amounts,

20 Adjusted Initial Sales Tax Amounts or the Revised Initial

21 Sales Tax Amounts as appropriate. For every State Fiscal Year

22 thereafter, the applicable period shall be the 12 months

23 beginning July 1 and ending June 30 to determine the tax

24 amounts received which shall have deducted therefrom the

25 certified Initial Sales Tax Amounts, the Adjusted Initial

26 Sales Tax Amounts or the Revised Initial Sales Tax Amounts, as

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1 the case may be.

2 (i) "Net State Sales Tax Increment" means the sum of the

3 following: (a) 80% of the first $100,000 of State Sales Tax

4 Increment annually generated within a State Sales Tax

5 Boundary; (b) 60% of the amount in excess of $100,000 but not

6 exceeding $500,000 of State Sales Tax Increment annually

7 generated within a State Sales Tax Boundary; and (c) 40% of all

8 amounts in excess of $500,000 of State Sales Tax Increment

9 annually generated within a State Sales Tax Boundary. If,

10 however, a municipality established a tax increment financing

11 district in a county with a population in excess of 3,000,000

12 before January 1, 1986, and the municipality entered into a

13 contract or issued bonds after January 1, 1986, but before

14 December 31, 1986, to finance redevelopment project costs

15 within a State Sales Tax Boundary, then the Net State Sales Tax

16 Increment means, for the fiscal years beginning July 1, 1990,

17 and July 1, 1991, 100% of the State Sales Tax Increment

18 annually generated within a State Sales Tax Boundary; and

19 notwithstanding any other provision of this Act, for those

20 fiscal years the Department of Revenue shall distribute to

21 those municipalities 100% of their Net State Sales Tax

22 Increment before any distribution to any other municipality

23 and regardless of whether or not those other municipalities

24 will receive 100% of their Net State Sales Tax Increment. For

25 Fiscal Year 1999, and every year thereafter until the year

26 2007, for any municipality that has not entered into a

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1 contract or has not issued bonds prior to June 1, 1988 to

2 finance redevelopment project costs within a State Sales Tax

3 Boundary, the Net State Sales Tax Increment shall be

4 calculated as follows: By multiplying the Net State Sales Tax

5 Increment by 90% in the State Fiscal Year 1999; 80% in the

6 State Fiscal Year 2000; 70% in the State Fiscal Year 2001; 60%

7 in the State Fiscal Year 2002; 50% in the State Fiscal Year

8 2003; 40% in the State Fiscal Year 2004; 30% in the State

9 Fiscal Year 2005; 20% in the State Fiscal Year 2006; and 10% in

10 the State Fiscal Year 2007. No payment shall be made for State

11 Fiscal Year 2008 and thereafter.

12 Municipalities that issued bonds in connection with a

13 redevelopment project in a redevelopment project area within

14 the State Sales Tax Boundary prior to July 29, 1991, or that

15 entered into contracts in connection with a redevelopment

16 project in a redevelopment project area before June 1, 1988,

17 shall continue to receive their proportional share of the

18 Illinois Tax Increment Fund distribution until the date on

19 which the redevelopment project is completed or terminated.

20 If, however, a municipality that issued bonds in connection

21 with a redevelopment project in a redevelopment project area

22 within the State Sales Tax Boundary prior to July 29, 1991

23 retires the bonds prior to June 30, 2007 or a municipality that

24 entered into contracts in connection with a redevelopment

25 project in a redevelopment project area before June 1, 1988

26 completes the contracts prior to June 30, 2007, then so long as

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1 the redevelopment project is not completed or is not

2 terminated, the Net State Sales Tax Increment shall be

3 calculated, beginning on the date on which the bonds are

4 retired or the contracts are completed, as follows: By

5 multiplying the Net State Sales Tax Increment by 60% in the

6 State Fiscal Year 2002; 50% in the State Fiscal Year 2003; 40%

7 in the State Fiscal Year 2004; 30% in the State Fiscal Year

8 2005; 20% in the State Fiscal Year 2006; and 10% in the State

9 Fiscal Year 2007. No payment shall be made for State Fiscal

10 Year 2008 and thereafter. Refunding of any bonds issued prior

11 to July 29, 1991, shall not alter the Net State Sales Tax

12 Increment.

13 (j) "State Utility Tax Increment Amount" means an amount

14 equal to the aggregate increase in State electric and gas tax

15 charges imposed on owners and tenants, other than residential

16 customers, of properties located within the redevelopment

17 project area under Section 9-222 of the Public Utilities Act,

18 over and above the aggregate of such charges as certified by

19 the Department of Revenue and paid by owners and tenants,

20 other than residential customers, of properties within the

21 redevelopment project area during the base year, which shall

22 be the calendar year immediately prior to the year of the

23 adoption of the ordinance authorizing tax increment allocation

24 financing.

25 (k) "Net State Utility Tax Increment" means the sum of the

26 following: (a) 80% of the first $100,000 of State Utility Tax

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1 Increment annually generated by a redevelopment project area;

2 (b) 60% of the amount in excess of $100,000 but not exceeding

3 $500,000 of the State Utility Tax Increment annually generated

4 by a redevelopment project area; and (c) 40% of all amounts in

5 excess of $500,000 of State Utility Tax Increment annually

6 generated by a redevelopment project area. For the State

7 Fiscal Year 1999, and every year thereafter until the year

8 2007, for any municipality that has not entered into a

9 contract or has not issued bonds prior to June 1, 1988 to

10 finance redevelopment project costs within a redevelopment

11 project area, the Net State Utility Tax Increment shall be

12 calculated as follows: By multiplying the Net State Utility

13 Tax Increment by 90% in the State Fiscal Year 1999; 80% in the

14 State Fiscal Year 2000; 70% in the State Fiscal Year 2001; 60%

15 in the State Fiscal Year 2002; 50% in the State Fiscal Year

16 2003; 40% in the State Fiscal Year 2004; 30% in the State

17 Fiscal Year 2005; 20% in the State Fiscal Year 2006; and 10% in

18 the State Fiscal Year 2007. No payment shall be made for the

19 State Fiscal Year 2008 and thereafter.

20 Municipalities that issue bonds in connection with the

21 redevelopment project during the period from June 1, 1988

22 until 3 years after the effective date of this Amendatory Act

23 of 1988 shall receive the Net State Utility Tax Increment,

24 subject to appropriation, for 15 State Fiscal Years after the

25 issuance of such bonds. For the 16th through the 20th State

26 Fiscal Years after issuance of the bonds, the Net State

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1 Utility Tax Increment shall be calculated as follows: By

2 multiplying the Net State Utility Tax Increment by 90% in year

3 16; 80% in year 17; 70% in year 18; 60% in year 19; and 50% in

4 year 20. Refunding of any bonds issued prior to June 1, 1988,

5 shall not alter the revised Net State Utility Tax Increment

6 payments set forth above.

7 (l) "Obligations" mean bonds, loans, debentures, notes,

8 special certificates or other evidence of indebtedness issued

9 by the municipality to carry out a redevelopment project or to

10 refund outstanding obligations.

11 (m) "Payment in lieu of taxes" means those estimated tax

12 revenues from real property in a redevelopment project area

13 derived from real property that has been acquired by a

14 municipality which according to the redevelopment project or

15 plan is to be used for a private use which taxing districts

16 would have received had a municipality not acquired the real

17 property and adopted tax increment allocation financing and

18 which would result from levies made after the time of the

19 adoption of tax increment allocation financing to the time the

20 current equalized value of real property in the redevelopment

21 project area exceeds the total initial equalized value of real

22 property in said area.

23 (n) "Redevelopment plan" means the comprehensive program

24 of the municipality for development or redevelopment intended

25 by the payment of redevelopment project costs to reduce or

26 eliminate those conditions the existence of which qualified

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1 the redevelopment project area as a "blighted area" or

2 "conservation area" or combination thereof or "industrial park

3 conservation area," and thereby to enhance the tax bases of

4 the taxing districts which extend into the redevelopment

5 project area, provided that, with respect to redevelopment

6 project areas described in subsections (p-1) and (p-2),

7 "redevelopment plan" means the comprehensive program of the

8 affected municipality for the development of qualifying

9 transit facilities. On and after November 1, 1999 (the

10 effective date of Public Act 91-478), no redevelopment plan

11 may be approved or amended that includes the development of

12 vacant land (i) with a golf course and related clubhouse and

13 other facilities or (ii) designated by federal, State, county,

14 or municipal government as public land for outdoor

15 recreational activities or for nature preserves and used for

16 that purpose within 5 years prior to the adoption of the

17 redevelopment plan. For the purpose of this subsection,

18 "recreational activities" is limited to mean camping and

19 hunting. Each redevelopment plan shall set forth in writing

20 the program to be undertaken to accomplish the objectives and

21 shall include but not be limited to:

22 (A) an itemized list of estimated redevelopment

23 project costs;

24 (B) evidence indicating that the redevelopment project

25 area on the whole has not been subject to growth and

26 development through investment by private enterprise,

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1 provided that such evidence shall not be required for any

2 redevelopment project area located within a transit

3 facility improvement area established pursuant to Section

4 11-74.4-3.3;

5 (C) an assessment of any financial impact of the

6 redevelopment project area on or any increased demand for

7 services from any taxing district affected by the plan and

8 any program to address such financial impact or increased

9 demand;

10 (D) the sources of funds to pay costs;

11 (E) the nature and term of the obligations to be

12 issued;

13 (F) the most recent equalized assessed valuation of

14 the redevelopment project area;

15 (G) an estimate as to the equalized assessed valuation

16 after redevelopment and the general land uses to apply in

17 the redevelopment project area;

18 (H) a commitment to fair employment practices and an

19 affirmative action plan;

20 (I) if it concerns an industrial park conservation

21 area, the plan shall also include a general description of

22 any proposed developer, user and tenant of any property, a

23 description of the type, structure and general character

24 of the facilities to be developed, a description of the

25 type, class and number of new employees to be employed in

26 the operation of the facilities to be developed; and

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1 (J) if property is to be annexed to the municipality,

2 the plan shall include the terms of the annexation

3 agreement.

4 The provisions of items (B) and (C) of this subsection (n)

5 shall not apply to a municipality that before March 14, 1994

6 (the effective date of Public Act 88-537) had fixed, either by

7 its corporate authorities or by a commission designated under

8 subsection (k) of Section 11-74.4-4, a time and place for a

9 public hearing as required by subsection (a) of Section

10 11-74.4-5. No redevelopment plan shall be adopted unless a

11 municipality complies with all of the following requirements:

12 (1) The municipality finds that the redevelopment

13 project area on the whole has not been subject to growth

14 and development through investment by private enterprise

15 and would not reasonably be anticipated to be developed

16 without the adoption of the redevelopment plan, provided,

17 however, that such a finding shall not be required with

18 respect to any redevelopment project area located within a

19 transit facility improvement area established pursuant to

20 Section 11-74.4-3.3.

21 (2) The municipality finds that the redevelopment plan

22 and project conform to the comprehensive plan for the

23 development of the municipality as a whole, or, for

24 municipalities with a population of 100,000 or more,

25 regardless of when the redevelopment plan and project was

26 adopted, the redevelopment plan and project either: (i)

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1 conforms to the strategic economic development or

2 redevelopment plan issued by the designated planning

3 authority of the municipality, or (ii) includes land uses

4 that have been approved by the planning commission of the

5 municipality.

6 (3) The redevelopment plan establishes the estimated

7 dates of completion of the redevelopment project and

8 retirement of obligations issued to finance redevelopment

9 project costs. Those dates may not be later than the dates

10 set forth under Section 11-74.4-3.5.

11 A municipality may by municipal ordinance amend an

12 existing redevelopment plan to conform to this paragraph

13 (3) as amended by Public Act 91-478, which municipal

14 ordinance may be adopted without further hearing or notice

15 and without complying with the procedures provided in this

16 Act pertaining to an amendment to or the initial approval

17 of a redevelopment plan and project and designation of a

18 redevelopment project area.

19 (3.5) The municipality finds, in the case of an

20 industrial park conservation area, also that the

21 municipality is a labor surplus municipality and that the

22 implementation of the redevelopment plan will reduce

23 unemployment, create new jobs and by the provision of new

24 facilities enhance the tax base of the taxing districts

25 that extend into the redevelopment project area.

26 (4) If any incremental revenues are being utilized

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1 under Section 8(a)(1) or 8(a)(2) of this Act in

2 redevelopment project areas approved by ordinance after

3 January 1, 1986, the municipality finds: (a) that the

4 redevelopment project area would not reasonably be

5 developed without the use of such incremental revenues,

6 and (b) that such incremental revenues will be exclusively

7 utilized for the development of the redevelopment project

8 area.

9 (5) If: (a) the redevelopment plan will not result in

10 displacement of residents from 10 or more inhabited

11 residential units, and the municipality certifies in the

12 plan that such displacement will not result from the plan;

13 or (b) the redevelopment plan is for a redevelopment

14 project area or a qualifying transit facility located

15 within a transit facility improvement area established

16 pursuant to Section 11-74.4-3.3, and the applicable

17 project is subject to the process for evaluation of

18 environmental effects under the National Environmental

19 Policy Act of 1969, 42 U.S.C. 4321 et seq., then a housing

20 impact study need not be performed. If, however, the

21 redevelopment plan would result in the displacement of

22 residents from 10 or more inhabited residential units, or

23 if the redevelopment project area contains 75 or more

24 inhabited residential units and no certification is made,

25 then the municipality shall prepare, as part of the

26 separate feasibility report required by subsection (a) of

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1 Section 11-74.4-5, a housing impact study.

2 Part I of the housing impact study shall include (i)

3 data as to whether the residential units are single family

4 or multi-family units, (ii) the number and type of rooms

5 within the units, if that information is available, (iii)

6 whether the units are inhabited or uninhabited, as

7 determined not less than 45 days before the date that the

8 ordinance or resolution required by subsection (a) of

9 Section 11-74.4-5 is passed, and (iv) data as to the

10 racial and ethnic composition of the residents in the

11 inhabited residential units. The data requirement as to

12 the racial and ethnic composition of the residents in the

13 inhabited residential units shall be deemed to be fully

14 satisfied by data from the most recent federal census.

15 Part II of the housing impact study shall identify the

16 inhabited residential units in the proposed redevelopment

17 project area that are to be or may be removed. If inhabited

18 residential units are to be removed, then the housing

19 impact study shall identify (i) the number and location of

20 those units that will or may be removed, (ii) the

21 municipality's plans for relocation assistance for those

22 residents in the proposed redevelopment project area whose

23 residences are to be removed, (iii) the availability of

24 replacement housing for those residents whose residences

25 are to be removed, and shall identify the type, location,

26 and cost of the housing, and (iv) the type and extent of

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1 relocation assistance to be provided.

2 (6) On and after November 1, 1999, the housing impact

3 study required by paragraph (5) shall be incorporated in

4 the redevelopment plan for the redevelopment project area.

5 (7) On and after November 1, 1999, no redevelopment

6 plan shall be adopted, nor an existing plan amended, nor

7 shall residential housing that is occupied by households

8 of low-income and very low-income persons in currently

9 existing redevelopment project areas be removed after

10 November 1, 1999 unless the redevelopment plan provides,

11 with respect to inhabited housing units that are to be

12 removed for households of low-income and very low-income

13 persons, affordable housing and relocation assistance not

14 less than that which would be provided under the federal

15 Uniform Relocation Assistance and Real Property

16 Acquisition Policies Act of 1970 and the regulations under

17 that Act, including the eligibility criteria. Affordable

18 housing may be either existing or newly constructed

19 housing. For purposes of this paragraph (7), "low-income

20 households", "very low-income households", and "affordable

21 housing" have the meanings set forth in the Illinois

22 Affordable Housing Act. The municipality shall make a good

23 faith effort to ensure that this affordable housing is

24 located in or near the redevelopment project area within

25 the municipality.

26 (8) On and after November 1, 1999, if, after the

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1 adoption of the redevelopment plan for the redevelopment

2 project area, any municipality desires to amend its

3 redevelopment plan to remove more inhabited residential

4 units than specified in its original redevelopment plan,

5 that change shall be made in accordance with the

6 procedures in subsection (c) of Section 11-74.4-5.

7 (9) For redevelopment project areas designated prior

8 to November 1, 1999, the redevelopment plan may be amended

9 without further joint review board meeting or hearing,

10 provided that the municipality shall give notice of any

11 such changes by mail to each affected taxing district and

12 registrant on the interested party registry, to authorize

13 the municipality to expend tax increment revenues for

14 redevelopment project costs defined by paragraphs (5) and

15 (7.5), subparagraphs (E) and (F) of paragraph (11), and

16 paragraph (11.5) of subsection (q) of Section 11-74.4-3,

17 so long as the changes do not increase the total estimated

18 redevelopment project costs set out in the redevelopment

19 plan by more than 5% after adjustment for inflation from

20 the date the plan was adopted.

21 (o) "Redevelopment project" means any public and private

22 development project in furtherance of the objectives of a

23 redevelopment plan. On and after November 1, 1999 (the

24 effective date of Public Act 91-478), no redevelopment plan

25 may be approved or amended that includes the development of

26 vacant land (i) with a golf course and related clubhouse and

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1 other facilities or (ii) designated by federal, State, county,

2 or municipal government as public land for outdoor

3 recreational activities or for nature preserves and used for

4 that purpose within 5 years prior to the adoption of the

5 redevelopment plan. For the purpose of this subsection,

6 "recreational activities" is limited to mean camping and

7 hunting.

8 (p) "Redevelopment project area" means an area designated

9 by the municipality, which is not less in the aggregate than 1

10 1/2 acres and in respect to which the municipality has made a

11 finding that there exist conditions which cause the area to be

12 classified as an industrial park conservation area or a

13 blighted area or a conservation area, or a combination of both

14 blighted areas and conservation areas.

15 (p-1) Notwithstanding any provision of this Act to the

16 contrary, on and after August 25, 2009 (the effective date of

17 Public Act 96-680), a redevelopment project area may include

18 areas within a one-half mile radius of an existing or proposed

19 Northern Illinois Transit ~~Regional Transportation~~ Authority

20 Suburban Transit Access Route (STAR Line) station without a

21 finding that the area is classified as an industrial park

22 conservation area, a blighted area, a conservation area, or a

23 combination thereof, but only if the municipality receives

24 unanimous consent from the joint review board created to

25 review the proposed redevelopment project area.

26 (p-2) Notwithstanding any provision of this Act to the

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1 contrary, on and after the effective date of this amendatory

2 Act of the 99th General Assembly, a redevelopment project area

3 may include areas within a transit facility improvement area

4 that has been established pursuant to Section 11-74.4-3.3

5 without a finding that the area is classified as an industrial

6 park conservation area, a blighted area, a conservation area,

7 or any combination thereof.

8 (q) "Redevelopment project costs", except for

9 redevelopment project areas created pursuant to subsection

10 (p-1) or (p-2), means and includes the sum total of all

11 reasonable or necessary costs incurred or estimated to be

12 incurred, and any such costs incidental to a redevelopment

13 plan and a redevelopment project. Such costs include, without

14 limitation, the following:

15 (1) Costs of studies, surveys, development of plans,

16 and specifications, implementation and administration of

17 the redevelopment plan including but not limited to staff

18 and professional service costs for architectural,

19 engineering, legal, financial, planning or other services,

20 provided however that no charges for professional services

21 may be based on a percentage of the tax increment

22 collected; except that on and after November 1, 1999 (the

23 effective date of Public Act 91-478), no contracts for

24 professional services, excluding architectural and

25 engineering services, may be entered into if the terms of

26 the contract extend beyond a period of 3 years. In

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1 addition, "redevelopment project costs" shall not include

2 lobbying expenses. After consultation with the

3 municipality, each tax increment consultant or advisor to

4 a municipality that plans to designate or has designated a

5 redevelopment project area shall inform the municipality

6 in writing of any contracts that the consultant or advisor

7 has entered into with entities or individuals that have

8 received, or are receiving, payments financed by tax

9 increment revenues produced by the redevelopment project

10 area with respect to which the consultant or advisor has

11 performed, or will be performing, service for the

12 municipality. This requirement shall be satisfied by the

13 consultant or advisor before the commencement of services

14 for the municipality and thereafter whenever any other

15 contracts with those individuals or entities are executed

16 by the consultant or advisor;

17 (1.5) After July 1, 1999, annual administrative costs

18 shall not include general overhead or administrative costs

19 of the municipality that would still have been incurred by

20 the municipality if the municipality had not designated a

21 redevelopment project area or approved a redevelopment

22 plan;

23 (1.6) The cost of marketing sites within the

24 redevelopment project area to prospective businesses,

25 developers, and investors;

26 (2) Property assembly costs, including but not limited

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1 to acquisition of land and other property, real or

2 personal, or rights or interests therein, demolition of

3 buildings, site preparation, site improvements that serve

4 as an engineered barrier addressing ground level or below

5 ground environmental contamination, including, but not

6 limited to parking lots and other concrete or asphalt

7 barriers, and the clearing and grading of land;

8 (3) Costs of rehabilitation, reconstruction or repair

9 or remodeling of existing public or private buildings,

10 fixtures, and leasehold improvements; and the cost of

11 replacing an existing public building if pursuant to the

12 implementation of a redevelopment project the existing

13 public building is to be demolished to use the site for

14 private investment or devoted to a different use requiring

15 private investment; including any direct or indirect costs

16 relating to Green Globes or LEED certified construction

17 elements or construction elements with an equivalent

18 certification;

19 (4) Costs of the construction of public works or

20 improvements, including any direct or indirect costs

21 relating to Green Globes or LEED certified construction

22 elements or construction elements with an equivalent

23 certification, except that on and after November 1, 1999,

24 redevelopment project costs shall not include the cost of

25 constructing a new municipal public building principally

26 used to provide offices, storage space, or conference

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1 facilities or vehicle storage, maintenance, or repair for

2 administrative, public safety, or public works personnel

3 and that is not intended to replace an existing public

4 building as provided under paragraph (3) of subsection (q)

5 of Section 11-74.4-3 unless either (i) the construction of

6 the new municipal building implements a redevelopment

7 project that was included in a redevelopment plan that was

8 adopted by the municipality prior to November 1, 1999,

9 (ii) the municipality makes a reasonable determination in

10 the redevelopment plan, supported by information that

11 provides the basis for that determination, that the new

12 municipal building is required to meet an increase in the

13 need for public safety purposes anticipated to result from

14 the implementation of the redevelopment plan, or (iii) the

15 new municipal public building is for the storage,

16 maintenance, or repair of transit vehicles and is located

17 in a transit facility improvement area that has been

18 established pursuant to Section 11-74.4-3.3;

19 (5) Costs of job training and retraining projects,

20 including the cost of "welfare to work" programs

21 implemented by businesses located within the redevelopment

22 project area;

23 (6) Financing costs, including but not limited to all

24 necessary and incidental expenses related to the issuance

25 of obligations and which may include payment of interest

26 on any obligations issued hereunder including interest

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1 accruing during the estimated period of construction of

2 any redevelopment project for which such obligations are

3 issued and for not exceeding 36 months thereafter and

4 including reasonable reserves related thereto;

5 (7) To the extent the municipality by written

6 agreement accepts and approves the same, all or a portion

7 of a taxing district's capital costs resulting from the

8 redevelopment project necessarily incurred or to be

9 incurred within a taxing district in furtherance of the

10 objectives of the redevelopment plan and project;

11 (7.5) For redevelopment project areas designated (or

12 redevelopment project areas amended to add or increase the

13 number of tax-increment-financing assisted housing units)

14 on or after November 1, 1999, an elementary, secondary, or

15 unit school district's increased costs attributable to

16 assisted housing units located within the redevelopment

17 project area for which the developer or redeveloper

18 receives financial assistance through an agreement with

19 the municipality or because the municipality incurs the

20 cost of necessary infrastructure improvements within the

21 boundaries of the assisted housing sites necessary for the

22 completion of that housing as authorized by this Act, and

23 which costs shall be paid by the municipality from the

24 Special Tax Allocation Fund when the tax increment revenue

25 is received as a result of the assisted housing units and

26 shall be calculated annually as follows:

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1 (A) for foundation districts, excluding any school

2 district in a municipality with a population in excess

3 of 1,000,000, by multiplying the district's increase

4 in attendance resulting from the net increase in new

5 students enrolled in that school district who reside

6 in housing units within the redevelopment project area

7 that have received financial assistance through an

8 agreement with the municipality or because the

9 municipality incurs the cost of necessary

10 infrastructure improvements within the boundaries of

11 the housing sites necessary for the completion of that

12 housing as authorized by this Act since the

13 designation of the redevelopment project area by the

14 most recently available per capita tuition cost as

15 defined in Section 10-20.12a of the School Code less

16 any increase in general State aid as defined in

17 Section 18-8.05 of the School Code or evidence-based

18 funding as defined in Section 18-8.15 of the School

19 Code attributable to these added new students subject

20 to the following annual limitations:

21 (i) for unit school districts with a district

22 average 1995-96 Per Capita Tuition Charge of less

23 than $5,900, no more than 25% of the total amount

24 of property tax increment revenue produced by

25 those housing units that have received tax

26 increment finance assistance under this Act;

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1 (ii) for elementary school districts with a

2 district average 1995-96 Per Capita Tuition Charge

3 of less than $5,900, no more than 17% of the total

4 amount of property tax increment revenue produced

5 by those housing units that have received tax

6 increment finance assistance under this Act; and

7 (iii) for secondary school districts with a

8 district average 1995-96 Per Capita Tuition Charge

9 of less than $5,900, no more than 8% of the total

10 amount of property tax increment revenue produced

11 by those housing units that have received tax

12 increment finance assistance under this Act.

13 (B) For alternate method districts, flat grant

14 districts, and foundation districts with a district

15 average 1995-96 Per Capita Tuition Charge equal to or

16 more than $5,900, excluding any school district with a

17 population in excess of 1,000,000, by multiplying the

18 district's increase in attendance resulting from the

19 net increase in new students enrolled in that school

20 district who reside in housing units within the

21 redevelopment project area that have received

22 financial assistance through an agreement with the

23 municipality or because the municipality incurs the

24 cost of necessary infrastructure improvements within

25 the boundaries of the housing sites necessary for the

26 completion of that housing as authorized by this Act

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1 since the designation of the redevelopment project

2 area by the most recently available per capita tuition

3 cost as defined in Section 10-20.12a of the School

4 Code less any increase in general state aid as defined

5 in Section 18-8.05 of the School Code or

6 evidence-based funding as defined in Section 18-8.15

7 of the School Code attributable to these added new

8 students subject to the following annual limitations:

9 (i) for unit school districts, no more than

10 40% of the total amount of property tax increment

11 revenue produced by those housing units that have

12 received tax increment finance assistance under

13 this Act;

14 (ii) for elementary school districts, no more

15 than 27% of the total amount of property tax

16 increment revenue produced by those housing units

17 that have received tax increment finance

18 assistance under this Act; and

19 (iii) for secondary school districts, no more

20 than 13% of the total amount of property tax

21 increment revenue produced by those housing units

22 that have received tax increment finance

23 assistance under this Act.

24 (C) For any school district in a municipality with

25 a population in excess of 1,000,000, the following

26 restrictions shall apply to the reimbursement of

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1 increased costs under this paragraph (7.5):

2 (i) no increased costs shall be reimbursed

3 unless the school district certifies that each of

4 the schools affected by the assisted housing

5 project is at or over its student capacity;

6 (ii) the amount reimbursable shall be reduced

7 by the value of any land donated to the school

8 district by the municipality or developer, and by

9 the value of any physical improvements made to the

10 schools by the municipality or developer; and

11 (iii) the amount reimbursed may not affect

12 amounts otherwise obligated by the terms of any

13 bonds, notes, or other funding instruments, or the

14 terms of any redevelopment agreement.

15 Any school district seeking payment under this

16 paragraph (7.5) shall, after July 1 and before

17 September 30 of each year, provide the municipality

18 with reasonable evidence to support its claim for

19 reimbursement before the municipality shall be

20 required to approve or make the payment to the school

21 district. If the school district fails to provide the

22 information during this period in any year, it shall

23 forfeit any claim to reimbursement for that year.

24 School districts may adopt a resolution waiving the

25 right to all or a portion of the reimbursement

26 otherwise required by this paragraph (7.5). By

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1 acceptance of this reimbursement the school district

2 waives the right to directly or indirectly set aside,

3 modify, or contest in any manner the establishment of

4 the redevelopment project area or projects;

5 (7.7) For redevelopment project areas designated (or

6 redevelopment project areas amended to add or increase the

7 number of tax-increment-financing assisted housing units)

8 on or after January 1, 2005 (the effective date of Public

9 Act 93-961), a public library district's increased costs

10 attributable to assisted housing units located within the

11 redevelopment project area for which the developer or

12 redeveloper receives financial assistance through an

13 agreement with the municipality or because the

14 municipality incurs the cost of necessary infrastructure

15 improvements within the boundaries of the assisted housing

16 sites necessary for the completion of that housing as

17 authorized by this Act shall be paid to the library

18 district by the municipality from the Special Tax

19 Allocation Fund when the tax increment revenue is received

20 as a result of the assisted housing units. This paragraph

21 (7.7) applies only if (i) the library district is located

22 in a county that is subject to the Property Tax Extension

23 Limitation Law or (ii) the library district is not located

24 in a county that is subject to the Property Tax Extension

25 Limitation Law but the district is prohibited by any other

26 law from increasing its tax levy rate without a prior

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1 voter referendum.

2 The amount paid to a library district under this

3 paragraph (7.7) shall be calculated by multiplying (i) the

4 net increase in the number of persons eligible to obtain a

5 library card in that district who reside in housing units

6 within the redevelopment project area that have received

7 financial assistance through an agreement with the

8 municipality or because the municipality incurs the cost

9 of necessary infrastructure improvements within the

10 boundaries of the housing sites necessary for the

11 completion of that housing as authorized by this Act since

12 the designation of the redevelopment project area by (ii)

13 the per-patron cost of providing library services so long

14 as it does not exceed $120. The per-patron cost shall be

15 the Total Operating Expenditures Per Capita for the

16 library in the previous fiscal year. The municipality may

17 deduct from the amount that it must pay to a library

18 district under this paragraph any amount that it has

19 voluntarily paid to the library district from the tax

20 increment revenue. The amount paid to a library district

21 under this paragraph (7.7) shall be no more than 2% of the

22 amount produced by the assisted housing units and

23 deposited into the Special Tax Allocation Fund.

24 A library district is not eligible for any payment

25 under this paragraph (7.7) unless the library district has

26 experienced an increase in the number of patrons from the

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1 municipality that created the tax-increment-financing

2 district since the designation of the redevelopment

3 project area.

4 Any library district seeking payment under this

5 paragraph (7.7) shall, after July 1 and before September

6 30 of each year, provide the municipality with convincing

7 evidence to support its claim for reimbursement before the

8 municipality shall be required to approve or make the

9 payment to the library district. If the library district

10 fails to provide the information during this period in any

11 year, it shall forfeit any claim to reimbursement for that

12 year. Library districts may adopt a resolution waiving the

13 right to all or a portion of the reimbursement otherwise

14 required by this paragraph (7.7). By acceptance of such

15 reimbursement, the library district shall forfeit any

16 right to directly or indirectly set aside, modify, or

17 contest in any manner whatsoever the establishment of the

18 redevelopment project area or projects;

19 (8) Relocation costs to the extent that a municipality

20 determines that relocation costs shall be paid or is

21 required to make payment of relocation costs by federal or

22 State law or in order to satisfy subparagraph (7) of

23 subsection (n);

24 (9) Payment in lieu of taxes;

25 (10) Costs of job training, retraining, advanced

26 vocational education or career education, including but

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1 not limited to courses in occupational, semi-technical or

2 technical fields leading directly to employment, incurred

3 by one or more taxing districts, provided that such costs

4 (i) are related to the establishment and maintenance of

5 additional job training, advanced vocational education or

6 career education programs for persons employed or to be

7 employed by employers located in a redevelopment project

8 area; and (ii) when incurred by a taxing district or

9 taxing districts other than the municipality, are set

10 forth in a written agreement by or among the municipality

11 and the taxing district or taxing districts, which

12 agreement describes the program to be undertaken,

13 including but not limited to the number of employees to be

14 trained, a description of the training and services to be

15 provided, the number and type of positions available or to

16 be available, itemized costs of the program and sources of

17 funds to pay for the same, and the term of the agreement.

18 Such costs include, specifically, the payment by community

19 college districts of costs pursuant to Sections 3-37,

20 3-38, 3-40 and 3-40.1 of the Public Community College Act

21 and by school districts of costs pursuant to Sections

22 10-22.20a and 10-23.3a of the School Code;

23 (11) Interest cost incurred by a redeveloper related

24 to the construction, renovation or rehabilitation of a

25 redevelopment project provided that:

26 (A) such costs are to be paid directly from the

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1 special tax allocation fund established pursuant to

2 this Act;

3 (B) such payments in any one year may not exceed

4 30% of the annual interest costs incurred by the

5 redeveloper with regard to the redevelopment project

6 during that year;

7 (C) if there are not sufficient funds available in

8 the special tax allocation fund to make the payment

9 pursuant to this paragraph (11) then the amounts so

10 due shall accrue and be payable when sufficient funds

11 are available in the special tax allocation fund;

12 (D) the total of such interest payments paid

13 pursuant to this Act may not exceed 30% of the total

14 (i) cost paid or incurred by the redeveloper for the

15 redevelopment project plus (ii) redevelopment project

16 costs excluding any property assembly costs and any

17 relocation costs incurred by a municipality pursuant

18 to this Act;

19 (E) the cost limits set forth in subparagraphs (B)

20 and (D) of paragraph (11) shall be modified for the

21 financing of rehabilitated or new housing units for

22 low-income households and very low-income households,

23 as defined in Section 3 of the Illinois Affordable

24 Housing Act. The percentage of 75% shall be

25 substituted for 30% in subparagraphs (B) and (D) of

26 paragraph (11); and

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1 (F) instead of the eligible costs provided by

2 subparagraphs (B) and (D) of paragraph (11), as

3 modified by this subparagraph, and notwithstanding any

4 other provisions of this Act to the contrary, the

5 municipality may pay from tax increment revenues up to

6 50% of the cost of construction of new housing units to

7 be occupied by low-income households and very

8 low-income households as defined in Section 3 of the

9 Illinois Affordable Housing Act. The cost of

10 construction of those units may be derived from the

11 proceeds of bonds issued by the municipality under

12 this Act or other constitutional or statutory

13 authority or from other sources of municipal revenue

14 that may be reimbursed from tax increment revenues or

15 the proceeds of bonds issued to finance the

16 construction of that housing.

17 The eligible costs provided under this

18 subparagraph (F) of paragraph (11) shall be an

19 eligible cost for the construction, renovation, and

20 rehabilitation of all low and very low-income housing

21 units, as defined in Section 3 of the Illinois

22 Affordable Housing Act, within the redevelopment

23 project area. If the low and very low-income units are

24 part of a residential redevelopment project that

25 includes units not affordable to low and very

26 low-income households, only the low and very

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1 low-income units shall be eligible for benefits under

2 this subparagraph (F) of paragraph (11). The standards

3 for maintaining the occupancy by low-income households

4 and very low-income households, as defined in Section

5 3 of the Illinois Affordable Housing Act, of those

6 units constructed with eligible costs made available

7 under the provisions of this subparagraph (F) of

8 paragraph (11) shall be established by guidelines

9 adopted by the municipality. The responsibility for

10 annually documenting the initial occupancy of the

11 units by low-income households and very low-income

12 households, as defined in Section 3 of the Illinois

13 Affordable Housing Act, shall be that of the then

14 current owner of the property. For ownership units,

15 the guidelines will provide, at a minimum, for a

16 reasonable recapture of funds, or other appropriate

17 methods designed to preserve the original

18 affordability of the ownership units. For rental

19 units, the guidelines will provide, at a minimum, for

20 the affordability of rent to low and very low-income

21 households. As units become available, they shall be

22 rented to income-eligible tenants. The municipality

23 may modify these guidelines from time to time; the

24 guidelines, however, shall be in effect for as long as

25 tax increment revenue is being used to pay for costs

26 associated with the units or for the retirement of

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1 bonds issued to finance the units or for the life of

2 the redevelopment project area, whichever is later;

3 (11.5) If the redevelopment project area is located

4 within a municipality with a population of more than

5 100,000, the cost of day care services for children of

6 employees from low-income families working for businesses

7 located within the redevelopment project area and all or a

8 portion of the cost of operation of day care centers

9 established by redevelopment project area businesses to

10 serve employees from low-income families working in

11 businesses located in the redevelopment project area. For

12 the purposes of this paragraph, "low-income families"

13 means families whose annual income does not exceed 80% of

14 the municipal, county, or regional median income, adjusted

15 for family size, as the annual income and municipal,

16 county, or regional median income are determined from time

17 to time by the United States Department of Housing and

18 Urban Development.

19 (12) Costs relating to the development of urban

20 agricultural areas under Division 15.2 of the Illinois

21 Municipal Code.

22 Unless explicitly stated herein the cost of construction

23 of new privately-owned buildings shall not be an eligible

24 redevelopment project cost.

25 After November 1, 1999 (the effective date of Public Act

26 91-478), none of the redevelopment project costs enumerated in

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1 this subsection shall be eligible redevelopment project costs

2 if those costs would provide direct financial support to a

3 retail entity initiating operations in the redevelopment

4 project area while terminating operations at another Illinois

5 location within 10 miles of the redevelopment project area but

6 outside the boundaries of the redevelopment project area

7 municipality. For purposes of this paragraph, termination

8 means a closing of a retail operation that is directly related

9 to the opening of the same operation or like retail entity

10 owned or operated by more than 50% of the original ownership in

11 a redevelopment project area, but it does not mean closing an

12 operation for reasons beyond the control of the retail entity,

13 as documented by the retail entity, subject to a reasonable

14 finding by the municipality that the current location

15 contained inadequate space, had become economically obsolete,

16 or was no longer a viable location for the retailer or

17 serviceman.

18 No cost shall be a redevelopment project cost in a

19 redevelopment project area if used to demolish, remove, or

20 substantially modify a historic resource, after August 26,

21 2008 (the effective date of Public Act 95-934), unless no

22 prudent and feasible alternative exists. "Historic resource"

23 for the purpose of this paragraph means (i) a place or

24 structure that is included or eligible for inclusion on the

25 National Register of Historic Places or (ii) a contributing

26 structure in a district on the National Register of Historic

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1 Places. This paragraph does not apply to a place or structure

2 for which demolition, removal, or modification is subject to

3 review by the preservation agency of a Certified Local

4 Government designated as such by the National Park Service of

5 the United States Department of the Interior.

6 If a special service area has been established pursuant to

7 the Special Service Area Tax Act or Special Service Area Tax

8 Law, then any tax increment revenues derived from the tax

9 imposed pursuant to the Special Service Area Tax Act or

10 Special Service Area Tax Law may be used within the

11 redevelopment project area for the purposes permitted by that

12 Act or Law as well as the purposes permitted by this Act.

13 (q-1) For redevelopment project areas created pursuant to

14 subsection (p-1), redevelopment project costs are limited to

15 those costs in paragraph (q) that are related to the existing

16 or proposed Northern Illinois Transit ~~Regional Transportation~~

17 Authority Suburban Transit Access Route (STAR Line) station.

18 (q-2) For a transit facility improvement area established

19 prior to, on, or after the effective date of this amendatory

20 Act of the 102nd General Assembly: (i) "redevelopment project

21 costs" means those costs described in subsection (q) that are

22 related to the construction, reconstruction, rehabilitation,

23 remodeling, or repair of any existing or proposed transit

24 facility, whether that facility is located within or outside

25 the boundaries of a redevelopment project area established

26 within that transit facility improvement area (and, to the

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1 extent a redevelopment project cost is described in subsection

2 (q) as incurred or estimated to be incurred with respect to a

3 redevelopment project area, then it shall apply with respect

4 to such transit facility improvement area); and (ii) the

5 provisions of Section 11-74.4-8 regarding tax increment

6 allocation financing for a redevelopment project area located

7 in a transit facility improvement area shall apply only to the

8 lots, blocks, tracts and parcels of real property that are

9 located within the boundaries of that redevelopment project

10 area and not to the lots, blocks, tracts, and parcels of real

11 property that are located outside the boundaries of that

12 redevelopment project area.

13 (r) "State Sales Tax Boundary" means the redevelopment

14 project area or the amended redevelopment project area

15 boundaries which are determined pursuant to subsection (9) of

16 Section 11-74.4-8a of this Act. The Department of Revenue

17 shall certify pursuant to subsection (9) of Section 11-74.4-8a

18 the appropriate boundaries eligible for the determination of

19 State Sales Tax Increment.

20 (s) "State Sales Tax Increment" means an amount equal to

21 the increase in the aggregate amount of taxes paid by

22 retailers and servicemen, other than retailers and servicemen

23 subject to the Public Utilities Act, on transactions at places

24 of business located within a State Sales Tax Boundary pursuant

25 to the Retailers' Occupation Tax Act, the Use Tax Act, the

26 Service Use Tax Act, and the Service Occupation Tax Act,

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1 except such portion of such increase that is paid into the

2 State and Local Sales Tax Reform Fund, the Local Government

3 Distributive Fund, the Local Government Tax Fund and the

4 County and Mass Transit District Fund, for as long as State

5 participation exists, over and above the Initial Sales Tax

6 Amounts, Adjusted Initial Sales Tax Amounts or the Revised

7 Initial Sales Tax Amounts for such taxes as certified by the

8 Department of Revenue and paid under those Acts by retailers

9 and servicemen on transactions at places of business located

10 within the State Sales Tax Boundary during the base year which

11 shall be the calendar year immediately prior to the year in

12 which the municipality adopted tax increment allocation

13 financing, less 3.0% of such amounts generated under the

14 Retailers' Occupation Tax Act, Use Tax Act and Service Use Tax

15 Act and the Service Occupation Tax Act, which sum shall be

16 appropriated to the Department of Revenue to cover its costs

17 of administering and enforcing this Section. For purposes of

18 computing the aggregate amount of such taxes for base years

19 occurring prior to 1985, the Department of Revenue shall

20 compute the Initial Sales Tax Amount for such taxes and deduct

21 therefrom an amount equal to 4% of the aggregate amount of

22 taxes per year for each year the base year is prior to 1985,

23 but not to exceed a total deduction of 12%. The amount so

24 determined shall be known as the "Adjusted Initial Sales Tax

25 Amount". For purposes of determining the State Sales Tax

26 Increment the Department of Revenue shall for each period

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1 subtract from the tax amounts received from retailers and

2 servicemen on transactions located in the State Sales Tax

3 Boundary, the certified Initial Sales Tax Amounts, Adjusted

4 Initial Sales Tax Amounts or Revised Initial Sales Tax Amounts

5 for the Retailers' Occupation Tax Act, the Use Tax Act, the

6 Service Use Tax Act and the Service Occupation Tax Act. For the

7 State Fiscal Year 1989 this calculation shall be made by

8 utilizing the calendar year 1987 to determine the tax amounts

9 received. For the State Fiscal Year 1990, this calculation

10 shall be made by utilizing the period from January 1, 1988,

11 until September 30, 1988, to determine the tax amounts

12 received from retailers and servicemen, which shall have

13 deducted therefrom nine-twelfths of the certified Initial

14 Sales Tax Amounts, Adjusted Initial Sales Tax Amounts or the

15 Revised Initial Sales Tax Amounts as appropriate. For the

16 State Fiscal Year 1991, this calculation shall be made by

17 utilizing the period from October 1, 1988, until June 30,

18 1989, to determine the tax amounts received from retailers and

19 servicemen, which shall have deducted therefrom nine-twelfths

20 of the certified Initial State Sales Tax Amounts, Adjusted

21 Initial Sales Tax Amounts or the Revised Initial Sales Tax

22 Amounts as appropriate. For every State Fiscal Year

23 thereafter, the applicable period shall be the 12 months

24 beginning July 1 and ending on June 30, to determine the tax

25 amounts received which shall have deducted therefrom the

26 certified Initial Sales Tax Amounts, Adjusted Initial Sales

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1 Tax Amounts or the Revised Initial Sales Tax Amounts.

2 Municipalities intending to receive a distribution of State

3 Sales Tax Increment must report a list of retailers to the

4 Department of Revenue by October 31, 1988 and by July 31, of

5 each year thereafter.

6 (t) "Taxing districts" means counties, townships, cities

7 and incorporated towns and villages, school, road, park,

8 sanitary, mosquito abatement, forest preserve, public health,

9 fire protection, river conservancy, tuberculosis sanitarium

10 and any other municipal corporations or districts with the

11 power to levy taxes.

12 (u) "Taxing districts' capital costs" means those costs of

13 taxing districts for capital improvements that are found by

14 the municipal corporate authorities to be necessary and

15 directly result from the redevelopment project.

16 (v) As used in subsection (a) of Section 11-74.4-3 of this

17 Act, "vacant land" means any parcel or combination of parcels

18 of real property without industrial, commercial, and

19 residential buildings which has not been used for commercial

20 agricultural purposes within 5 years prior to the designation

21 of the redevelopment project area, unless the parcel is

22 included in an industrial park conservation area or the parcel

23 has been subdivided; provided that if the parcel was part of a

24 larger tract that has been divided into 3 or more smaller

25 tracts that were accepted for recording during the period from

26 1950 to 1990, then the parcel shall be deemed to have been

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1 subdivided, and all proceedings and actions of the

2 municipality taken in that connection with respect to any

3 previously approved or designated redevelopment project area

4 or amended redevelopment project area are hereby validated and

5 hereby declared to be legally sufficient for all purposes of

6 this Act. For purposes of this Section and only for land

7 subject to the subdivision requirements of the Plat Act, land

8 is subdivided when the original plat of the proposed

9 Redevelopment Project Area or relevant portion thereof has

10 been properly certified, acknowledged, approved, and recorded

11 or filed in accordance with the Plat Act and a preliminary

12 plat, if any, for any subsequent phases of the proposed

13 Redevelopment Project Area or relevant portion thereof has

14 been properly approved and filed in accordance with the

15 applicable ordinance of the municipality.

16 (w) "Annual Total Increment" means the sum of each

17 municipality's annual Net Sales Tax Increment and each

18 municipality's annual Net Utility Tax Increment. The ratio of

19 the Annual Total Increment of each municipality to the Annual

20 Total Increment for all municipalities, as most recently

21 calculated by the Department, shall determine the proportional

22 shares of the Illinois Tax Increment Fund to be distributed to

23 each municipality.

24 (x) "LEED certified" means any certification level of

25 construction elements by a qualified Leadership in Energy and

26 Environmental Design Accredited Professional as determined by

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1 the U.S. Green Building Council.

2 (y) "Green Globes certified" means any certification level

3 of construction elements by a qualified Green Globes

4 Professional as determined by the Green Building Initiative.

5 (Source: P.A. 102-627, eff. 8-27-21.)

6 (65 ILCS 5/Art. 11 Div. 122.2 heading)

7 DIVISION 122.2. REGIONAL TRANSPORTATION AUTHORITY

8 (65 ILCS 5/11-122.2-1) (from Ch. 24, par. 11-122.2-1)

9 Sec. 11-122.2-1. In addition to all its other powers,

10 every municipality shall, in all its dealings with the

11 Northern Illinois Transit ~~Regional Transportation~~ Authority

12 established by the "Northern Illinois Transit ~~Regional~~

13 ~~Transportation~~ Authority Act", enacted by the 78th General

14 Assembly, have the following powers:

15 (a) to cooperate with the Northern Illinois Transit

16 ~~Regional Transportation~~ Authority in the exercise by the

17 Northern Illinois Transit ~~Regional Transportation~~ Authority of

18 all the powers granted it by the Act;

19 (b) to receive funds from the Northern Illinois Transit

20 ~~Regional Transportation~~ Authority upon such terms and

21 conditions as shall be set forth in an agreement between the

22 municipality and the Suburban Bus Board or the Commuter Rail

23 Board, which contract or agreement may be for such number of

24 years or duration as they may agree, all as provided in the

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1 "Northern Illinois Transit ~~Regional Transportation~~ Authority

2 Act";

3 (c) to receive financial grants from a Service Board, as

4 defined in the "Northern Illinois Transit ~~Regional~~

5 ~~Transportation~~ Authority Act", upon such terms and conditions

6 as shall be set forth in a Purchase of Service Agreement or

7 other grant contract between the municipality and the Service

8 Board, which contract or agreement may be for such number of

9 years or duration as the Service Board and the municipality

10 may agree, all as provided in the "Northern Illinois Transit

11 ~~Regional Transportation~~ Authority Act";

12 (d) to acquire from the Northern Illinois Transit ~~Regional~~

13 ~~Transportation~~ Authority or a Service Board any Public

14 Transportation Facility, as defined in the "Northern Illinois

15 Transit ~~Regional Transportation~~ Authority Act", by purchase

16 contract, gift, grant, exchange for other property or rights

17 in property, lease (or sublease) or installment or conditional

18 purchase contracts, which contracts or leases may provide for

19 consideration to be paid in annual installments during a

20 period not exceeding 40 years; such property may be acquired

21 subject to such conditions, restrictions, liens or security or

22 other interests of other parties as the municipality may deem

23 appropriate and in each case the municipality may acquire a

24 joint, leasehold, easement, license or other partial interest

25 in such property;

26 (e) to sell, sell by installment contract, lease (or

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1 sublease) as lessor, or transfer to, or grant to or provide for

2 the use by the Northern Illinois Transit ~~Regional~~

3 ~~Transportation~~ Authority or a Service Board any Public

4 Transportation Facility, as defined in the "Northern Illinois

5 Transit ~~Regional Transportation~~ Authority Act" upon such terms

6 and for such consideration, or for no consideration, as the

7 municipality may deem proper;

8 (f) to cooperate with the Northern Illinois Transit

9 ~~Regional Transportation~~ Authority or a Service Board for the

10 protection of employees and users of public transportation

11 facilities against crime and also to protect such facilities;

12 such cooperation may include, without limitation, agreements

13 for the coordination of police or security forces;

14 (g) to file such reports with and transfer such records,

15 papers or documents to the Northern Illinois Transit ~~Regional~~

16 ~~Transportation~~ Authority or a Service Board as may be agreed

17 upon with, or required by, the Northern Illinois Transit

18 ~~Regional Transportation~~ Authority or a Service Board.

19 In exercising any of the powers granted in this Section

20 the municipality shall not be subject to the provisions of

21 this Code or any Act making public bidding or notice a

22 requirement for any purchase or sale by a municipality.

23 Notwithstanding any provision of this Code to the contrary,

24 every municipality may enter into Purchase of Service

25 Agreements, grant contracts, other contracts, agreements or

26 leases, as provided in this Section, and may incur obligations

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1 and expenses thereunder without making a previous

2 appropriation therefor.

3 (Source: P.A. 83-886.)

4 Section 15-150. The Metropolitan Pier and Exposition

5 Authority Act is amended by changing Section 14.5 as follows:

6 (70 ILCS 210/14.5)

7 Sec. 14.5. Trustee of the Authority.

8 (a) Beginning on the effective date of this amendatory Act

9 of the 96th General Assembly, the Authority shall be governed

10 by a Trustee for a term of 18 months or until the Board created

11 in this amendatory Act of the 96th General Assembly appoints a

12 chief executive officer, whichever is longer. The Trustee of

13 the Authority shall immediately assume all duties and powers

14 of the Board and the chief executive officer. The Trustee

15 shall take all actions necessary to carry into effect the

16 provisions of this Act and this amendatory Act of the 96th

17 General Assembly. The Trustee shall receive an annual salary

18 equal to the current salary of the chief executive officer,

19 minus 5%.

20 As provided in Senate Bill 28 of the 96th General

21 Assembly, the Trustee of the Authority is James Reilly, who

22 served as the Chief Operating Officer of the Authority from

23 1989 to 1999, served as the Chief Operating Officer of the

24 Chicago Convention and Tourism Bureau from 1999 to 2004, and

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1 served as Chairman of the Northern Illinois Transit ~~Regional~~

2 ~~Transportation~~ Authority Board. James Reilly may be removed as

3 Trustee only by a joint resolution of the General Assembly

4 approved by a majority of members elected to each chamber; and

5 the General Assembly shall thereupon notify the Governor,

6 Trustee, and interim board upon the adoption of a joint

7 resolution creating a vacancy in the position of Trustee of

8 the Authority.

9 (a-5) In the case of a vacancy in the office of Trustee of

10 the Authority, the Governor, with the advice and consent of

11 the Senate, shall appoint a Trustee within 5 calendar days. If

12 the vacancy occurs during a recess of the Senate, the Governor

13 shall make a temporary appointment within 5 calendar days and

14 the person shall serve until the next meeting of the Senate,

15 when the Governor shall nominate some person to fill the

16 office of Trustee. Any person so nominated who is confirmed by

17 the Senate shall hold the office of Trustee during the

18 remainder of the term as provided for in this Section.

19 Any Trustee of the Authority appointed by the Governor,

20 with the advice and consent of the Senate, shall be subject to

21 the Governor's removal power provided for under Section 10 of

22 Article V of the Illinois Constitution.

23 (a-10) If the Trustee of the Authority, or the guardian of

24 his or her estate and person, notifies the Governor that he or

25 she is unable to perform the duties vested by law in the

26 Trustee, then the Governor may designate some person as acting

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1 Trustee to execute and discharge those duties. When the

2 Trustee of the Authority is prepared to resume his or her

3 duties, he or she, or the guardian of his or her estate and

4 person, shall do so by notifying the Governor.

5 (b) It shall be the duty of the Trustee:

6 (1) to ensure the proper administration of the

7 Authority;

8 (2) to submit to the interim board monthly reports

9 detailing actions taken and the general status of the

10 Authority;

11 (3) to report to the General Assembly and Governor no

12 later than January 1, 2011, whether Navy Pier should

13 remain within the control of the Authority or serve as an

14 entity independent from the Authority;

15 (4) to enter into an agreement with a contractor or

16 private manager to operate the buildings and facilities of

17 the Authority, provided that the agreement is procured

18 using a request for proposal process in accordance with

19 the Illinois Procurement Code;

20 (5) to enter into any agreements to license naming

21 rights of any building or facility of the Authority,

22 provided the Trustee determines such an agreement is in

23 the best interest of the Authority;

24 (6) to ensure the proper implementation,

25 administration, and enforcement of Section 5.4 of this

26 Act; and

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1 (7) to ensure that any contract of the Authority to

2 provide food or beverage in the buildings and facilities

3 of the Authority, except Navy Pier, shall be provided at a

4 rate not to exceed the cost established in the contract.

5 (c) The Trustee shall notify the interim board prior to

6 entering into an agreement for a term of more than 24 months or

7 with a total value in excess of $100,000. Notification shall

8 include the purpose of the agreement, a description of the

9 agreement, disclosure of parties to the agreement, and the

10 total value of the agreement. Within 10 days after receiving

11 notice, the interim board may prohibit the Trustee from

12 entering into the agreement by a resolution approved by at

13 least 5 members of the interim board. The interim board may

14 veto any other action of the Trustee by a resolution approved

15 by at least 5 members of the interim board, provided that the

16 resolution is adopted within 30 days after the action.

17 (d) Any provision of this Act that requires approval by

18 the Chair of the Board or at least the approval of a majority

19 of the Board shall be deemed approved if the Trustee approves

20 the action, subject to the restrictions in subsection (c).

21 (Source: P.A. 96-898, eff. 5-27-10; 96-899, eff. 5-28-10.)

22 Section 15-155. The Regional Planning Act is amended by

23 changing Section 10 as follows:

24 (70 ILCS 1707/10)

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1 Sec. 10. Definitions.

2 "Board" means the Board of the Chicago Metropolitan Agency

3 for Planning.

4 "CMAP" means the Chicago Metropolitan Agency for Planning.

5 "Chief elected county official" means the Board Chair in

6 DuPage, Kane, Kendall, Lake, and McHenry Counties and the

7 County Executive in Will County.

8 "Fiscal year" means the fiscal year of the State.

9 "IDOT" means the Illinois Department of Transportation.

10 "MPO" means the metropolitan planning organization

11 designated under 23 U.S.C. 134.

12 "Members" means the members of the Board.

13 "Person" means an individual, partnership, firm, public or

14 private corporation, State agency, transportation agency, or

15 unit of local government.

16 "Policy Committee" means the decision-making body of the

17 MPO.

18 "Region" or "northeastern Illinois region" means Cook,

19 DuPage, Kane, Kendall, Lake, McHenry, and Will Counties.

20 "State agency" means "agency" as defined in Section 1-20

21 of the Illinois Administrative Procedure Act.

22 "Transportation agency" means the Northern Illinois

23 Transit ~~Regional Transportation~~ Authority and its Service

24 Boards; the Illinois Toll Highway Authority; the Illinois

25 Department of Transportation; and the transportation functions

26 of units of local government.

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1 "Unit of local government" means a unit of local

2 government, as defined in Section 1 of Article VII of the

3 Illinois Constitution, that is located within the jurisdiction

4 and area of operation of the Board.

5 "USDOT" means the United States Department of

6 Transportation.

7 (Source: P.A. 103-986, eff. 1-1-25.)

8 Section 15-160. The Local Mass Transit District Act is

9 amended by changing Sections 3.1, 5.05, and 8.5 as follows:

10 (70 ILCS 3610/3.1) (from Ch. 111 2/3, par. 353.1)

11 Sec. 3.1. Also in the manner provided in this Act as

12 amended, a "Local Mass Transit District" may be created with

13 boundary to enclose a unit area of contiguous land, to be known

14 as the "participating area". Such a "participating area" may

15 be organized as a district under this Act without regard to

16 boundaries of counties or other political subdivisions or

17 municipal corporations.

18 (a) Any 500 or more legal voters who are residents within

19 such "participating area" may file a petition in the circuit

20 court of the county where the proposed district or a major part

21 thereof is located, asking that the question of creating such

22 district be submitted under this Act by referendum to the

23 voters residing within the proposed district. By their power

24 of attorney signed by them and filed in the cause the

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1 petitioners may authorize a committee of their number named by

2 the petitioners, to conduct and pursue the cause for them to a

3 conclusion. Such petition shall define the boundaries of the

4 proposed district, shall indicate distances to nearest mass

5 transportation lines in each direction, naming them, shall

6 have attached a fair map of the proposed district, and shall

7 suggest a name for the proposed district.

8 (b) The circuit clerk shall present to the circuit judge

9 any petition so filed in the court. The judge shall enter an

10 order of record to set a date, hour and place for judicial

11 hearing on the petition. That order shall include instructions

12 to the circuit clerk to give notice by newspaper publication

13 to be made and completed at least 20 days before the hearing is

14 to be held, in 2 or more newspapers published or circulating

15 generally among the people residing within the proposed

16 district. The circuit clerk shall prepare that notice and

17 cause such publication notice to be given as directed.

18 (c) After proof of such newspaper publication of notice

19 has been made and filed in the cause and shown to the court in

20 full accord with the prior order, the circuit judge shall hear

21 all persons who attend and so request, as to location and

22 boundary and name for the proposed district. After the hearing

23 on such petition is completed, the circuit court by an order of

24 record, shall determine and establish the location, name and

25 boundary for such proposed district, and shall order the

26 proposition submitted at an election in accordance with the

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1 general election law to the voters resident within such

2 proposed district. The circuit clerk shall certify the

3 proposition to the proper election officials who shall submit

4 the proposition in accordance with the general election law.

5 (d) The county clerk shall canvass the ballots and other

6 returns from such referendum, and prepare a full certification

7 of the result and shall file the same in the cause pending in

8 the circuit court. When the vote is in favor of the creation of

9 such district as determined by the court order, a true map of

10 such district shall be filed with such report in the circuit

11 court.

12 (e) When the vote is in favor of creation of such district,

13 the circuit court by an order of record shall confirm the

14 result of election. If the district is wholly contained within

15 a single county the presiding officer of the county board with

16 the advice and consent of the county board shall appoint 5

17 trustees, not more than 3 of whom shall be affiliated with the

18 same political party, to govern the district and serve one

19 each for 1, 2, 3, 4 and 5 years respectively; upon the

20 expiration of the term of a trustee who is in office on the

21 effective date of this amendatory Act of 1989, the successor

22 shall, at the time of the appointment, and thereafter at all

23 times while serving as trustee, be a resident of the Mass

24 Transit District for which such person is appointed as

25 trustee. If a trustee removes his residence to a place outside

26 of the District, a trustee shall be appointed in the same

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1 manner as herein provided to take the place of the trustee who

2 so removed his residence. If however the district is located

3 in more than one county, the number of trustees who are

4 residents of a county shall be in proportion, as nearly as

5 practicable, to the number of residents of the district who

6 reside in that county in relation to the total population of

7 the district.

8 Upon the expiration of the term of a trustee who is in

9 office on the effective date of this amendatory Act of 1975,

10 the successor shall be a resident of whichever county is

11 entitled to such representation in order to bring about the

12 proportional representation required herein, and he shall be

13 appointed by the county board of that county, or in the case of

14 a home rule county as defined by Article VII, Section 6 of the

15 Constitution of 1970, the chief executive officer of that

16 county, with the advice and consent of the county board in

17 accordance with the provisions previously enumerated.

18 Successors shall serve 5 year overlapping terms.

19 Thereafter, each trustee shall be succeeded by a resident

20 of the same county who shall be appointed by the same

21 appointing authority; however, the provisions of the preceding

22 paragraph shall apply to the appointment of the successor to

23 each trustee who is in office at the time of the publication of

24 each decennial Federal census of population.

25 (f) Upon the creation of such district, the circuit clerk

26 shall prepare and certify a copy of the final court order

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1 confirming the referendum creating the district, and a

2 duplicate of the map of such district, from the record of the

3 circuit court, and shall file the same with the county clerk

4 for recording in his office as "Certificate of Incorporation"

5 for the district. The county clerk shall cause a duplicate of

6 such "Certificate of Incorporation" to be filed in the office

7 of the Secretary of State of Illinois.

8 (g) The Board of Trustees of such "Local Mass Transit

9 District" shall have and exercise all the powers and shall

10 perform all the duties of any Board of Trustees of any district

11 created under this Act, as now or hereafter amended.

12 (h) The circuit court shall require the petitioners to

13 post a surety bond for the payment of all costs and expenses of

14 such proceeding and such referendum. When a district is

15 created, the circuit court shall order the district to pay or

16 reimburse others for all such costs and expenses. The surety

17 bond shall not be released until complete receipts for all

18 such costs and expenses have been filed in the cause and fully

19 audited by the circuit and county clerks.

20 (i) If the District is wholly contained within a single

21 county, the County Board of such county may, by resolution,

22 provide that, effective upon the next appointment of a

23 Trustee, after the effective date of this amendatory Act of

24 1989, that the Board of Trustees of such Mass Transit District

25 shall be comprised of 7 Trustees, with no more than 4 members

26 of the same political party. This Subsection shall not apply

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1 to any Mass Transit District in the State which receives

2 funding in whole or in part from the Northern Illinois Transit

3 ~~Regional Transportation~~ Authority or any of its service

4 boards.

5 (Source: P.A. 86-472.)

6 (70 ILCS 3610/5.05) (from Ch. 111 2/3, par. 355.05)

7 Sec. 5.05. In addition to all its other powers, each

8 District shall, in all its dealings with the Northern Illinois

9 Transit ~~Regional Transportation~~ Authority established by the

10 "Northern Illinois Transit ~~Regional Transportation~~ Authority

11 Act", enacted by the 78th General Assembly, have the following

12 powers:

13 (a) to cooperate with the Northern Illinois Transit

14 ~~Regional Transportation~~ Authority in the exercise by the

15 Northern Illinois Transit ~~Regional Transportation~~ Authority of

16 all the powers granted it by such Act;

17 (b) to receive funds from the Northern Illinois Transit

18 ~~Regional Transportation~~ Authority upon such terms and

19 conditions as shall be set forth in an agreement between the

20 District and the Northern Illinois Transit ~~Regional~~

21 ~~Transportation~~ Authority, which contract or agreement may be

22 for such number of years or duration as the Authority and the

23 District may agree, all as provided in the "Northern Illinois

24 Transit ~~Regional Transportation~~ Authority Act";

25 (c) to receive financial grants from a Service Board, as

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1 defined in the "Northern Illinois Transit ~~Regional~~

2 ~~Transportation~~ Authority Act", upon such terms and conditions

3 as shall be set forth in a Purchase of Service Agreement or

4 other grant contact between the District and the Service

5 Board, which contract or agreement may be for such number of

6 years or duration as the Service Board and the District may

7 agree, all as provided in the "Northern Illinois Transit

8 ~~Regional Transportation~~ Authority Act";

9 (d) to acquire from the Northern Illinois Transit ~~Regional~~

10 ~~Transportation~~ Authority or Service Board any Public

11 Transportation Facility, as defined in the "Northern Illinois

12 Transit ~~Regional Transportation~~ Authority Act", by purchase

13 contract, gift, grant, exchange for other property or rights

14 in property, lease (or sublease) or installment or conditional

15 purchase contracts, which contracts or leases may provide for

16 consideration to be paid in annual installments during a

17 period not exceeding 40 years; such property may be acquired

18 subject to such conditions, restrictions, liens or security or

19 other interests of other parties as the District may deem

20 appropriate and in each case the District may acquire a joint,

21 leasehold, easement, license or other partial interest in such

22 property;

23 (e) to sell, sell by installment contract, lease (or

24 sublease) as lessor, or transfer to, or grant to or provide for

25 the use by the Northern Illinois Transit ~~Regional~~

26 ~~Transportation~~ Authority or a Service Board any Public

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1 Transportation Facility, as defined in the "Northern Illinois

2 Transit ~~Regional Transportation~~ Authority Act" upon such terms

3 and for such consideration, as the District may deem proper;

4 (f) to cooperate with the Northern Illinois Transit

5 ~~Regional Transportation~~ Authority or a Service Board for the

6 protection of employees of the District and users of public

7 transportation facilities against crime and also to protect

8 such facilities, but neither the District, the member of its

9 Board nor its officers or employees shall be held liable for

10 failure to provide a security or police force, or, if a

11 security or police force is provided, for failure to provide

12 adequate police protection or security, failure to prevent the

13 commission of crimes by fellow passengers or other third

14 persons or for the failure to apprehend criminals; and

15 (g) to file such reports with and transfer such records,

16 papers or documents to the Northern Illinois Transit ~~Regional~~

17 ~~Transportation~~ Authority or a Service Board as may be agreed

18 upon with, or required by, the Northern Illinois Transit

19 ~~Regional Transportation~~ Authority or a Service Board.

20 In exercising any of the powers granted in this Section,

21 the District shall not be subject to the provisions of any Act

22 making public bidding or notice a requirement of any purchase

23 or sale by a District.

24 (Source: P.A. 84-939.)

25 (70 ILCS 3610/8.5) (from Ch. 111 2/3, par. 358.5)

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1 Sec. 8.5. In addition to any other method provided for

2 annexation under this Act, any territory, except property

3 classified as farmland, which (1) lies within the corporate

4 limits of a municipality as defined in this Act, (2) is

5 contiguous to a local mass transit district organized under

6 this Act, and (3) is not a part of another local mass transit

7 district, may be annexed by the contiguous local mass transit

8 district, by ordinance, after a public hearing has been held

9 thereon by the board of trustees of the district at a location

10 within the territory sought to be annexed, or within 1 mile of

11 any part of the territory sought to be annexed. The annexing

12 district shall cause to be published three times in a

13 newspaper having general circulation within the area

14 considered for annexation, at least 30 days prior to the

15 public hearing thereon, a notice that the local mass transit

16 district is considering the annexation of the territory

17 specified. The notice shall also state the date, time and

18 place of the public hearing. The annexing district shall cause

19 to be delivered to each owner of a parcel of land which is 5 or

20 more acres, which land is proposed to be annexed in whole or in

21 part, a written notice containing the information required to

22 be included in the published notice. The notice shall be

23 delivered by first class mail so that said notice arrives 30

24 days in advance of the public hearing. The board of trustees of

25 the district shall give due consideration to all testimony.

26 For the purposes of this Section "property classified as

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1 farmland" shall mean property classified as farmland for

2 assessment purposes pursuant to the Property Tax Code. This

3 Section shall not apply to any mass transit district in the

4 State which receives funding in whole or in part from the

5 Northern Illinois Transit ~~Regional Transportation~~ Authority or

6 any of its service boards.

7 (Source: P.A. 88-670, eff. 12-2-94.)

8 Section 15-165. The Water Commission Act of 1985 is

9 amended by changing Section 4 as follows:

10 (70 ILCS 3720/4) (from Ch. 111 2/3, par. 254)

11 Sec. 4. Taxes.

12 (a) The board of commissioners of any county water

13 commission may, by ordinance, impose throughout the territory

14 of the commission any or all of the taxes provided in this

15 Section for its corporate purposes. However, no county water

16 commission may impose any such tax unless the commission

17 certifies the proposition of imposing the tax to the proper

18 election officials, who shall submit the proposition to the

19 voters residing in the territory at an election in accordance

20 with the general election law, and the proposition has been

21 approved by a majority of those voting on the proposition.

22 The proposition shall be in the form provided in Section 5

23 or shall be substantially in the following form:

24 -------------

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1 Shall the (insert corporate

2 name of county water commission) YES

3 impose (state type of tax or ------------------------

4 taxes to be imposed) at the NO

5 rate of 1/4%?

6 -------------------------------------------------------------

7 Taxes imposed under this Section and civil penalties

8 imposed incident thereto shall be collected and enforced by

9 the State Department of Revenue. The Department shall have the

10 power to administer and enforce the taxes and to determine all

11 rights for refunds for erroneous payments of the taxes.

12 (b) The board of commissioners may impose a County Water

13 Commission Retailers' Occupation Tax upon all persons engaged

14 in the business of selling tangible personal property at

15 retail in the territory of the commission at a rate of 1/4% of

16 the gross receipts from the sales made in the course of such

17 business within the territory. Beginning January 1, 2021, this

18 tax is not imposed on sales of aviation fuel for so long as the

19 revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C.

20 47133 are binding on the District.

21 The tax imposed under this paragraph and all civil

22 penalties that may be assessed as an incident thereof shall be

23 collected and enforced by the State Department of Revenue. The

24 Department shall have full power to administer and enforce

25 this paragraph; to collect all taxes and penalties due

26 hereunder; to dispose of taxes and penalties so collected in

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1 the manner hereinafter provided; and to determine all rights

2 to credit memoranda arising on account of the erroneous

3 payment of tax or penalty hereunder. In the administration of,

4 and compliance with, this paragraph, the Department and

5 persons who are subject to this paragraph shall have the same

6 rights, remedies, privileges, immunities, powers and duties,

7 and be subject to the same conditions, restrictions,

8 limitations, penalties, exclusions, exemptions and definitions

9 of terms, and employ the same modes of procedure, as are

10 prescribed in Sections 1, 1a, 1a-1, 1c, 1d, 1e, 1f, 1i, 1j, 2

11 through 2-65 (in respect to all provisions therein other than

12 the State rate of tax except that tangible personal property

13 taxed at the 1% rate under the Retailers' Occupation Tax Act

14 shall not be subject to tax hereunder), 2c, 3 (except as to the

15 disposition of taxes and penalties collected, and except that

16 the retailer's discount is not allowed for taxes paid on

17 aviation fuel sold on or after December 1, 2019 and through

18 December 31, 2020), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i,

19 5j, 5k, 5l, 6, 6a, 6b, 6c, 6d, 7, 8, 9, 10, 11, 12, and 13 of

20 the Retailers' Occupation Tax Act and Section 3-7 of the

21 Uniform Penalty and Interest Act, as fully as if those

22 provisions were set forth herein.

23 Persons subject to any tax imposed under the authority

24 granted in this paragraph may reimburse themselves for their

25 seller's tax liability hereunder by separately stating the tax

26 as an additional charge, which charge may be stated in

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1 combination, in a single amount, with State taxes that sellers

2 are required to collect under the Use Tax Act and under

3 subsection (e) of Section 4.03 of the Northern Illinois

4 Transit ~~Regional Transportation~~ Authority Act, in accordance

5 with such bracket schedules as the Department may prescribe.

6 Whenever the Department determines that a refund should be

7 made under this paragraph to a claimant instead of issuing a

8 credit memorandum, the Department shall notify the State

9 Comptroller, who shall cause the warrant to be drawn for the

10 amount specified, and to the person named, in the notification

11 from the Department. The refund shall be paid by the State

12 Treasurer out of a county water commission tax fund

13 established under subsection (g) of this Section.

14 For the purpose of determining whether a tax authorized

15 under this paragraph is applicable, a retail sale by a

16 producer of coal or other mineral mined in Illinois is a sale

17 at retail at the place where the coal or other mineral mined in

18 Illinois is extracted from the earth. This paragraph does not

19 apply to coal or other mineral when it is delivered or shipped

20 by the seller to the purchaser at a point outside Illinois so

21 that the sale is exempt under the Federal Constitution as a

22 sale in interstate or foreign commerce.

23 If a tax is imposed under this subsection (b), a tax shall

24 also be imposed under subsections (c) and (d) of this Section.

25 No tax shall be imposed or collected under this subsection

26 on the sale of a motor vehicle in this State to a resident of

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1 another state if that motor vehicle will not be titled in this

2 State.

3 Nothing in this paragraph shall be construed to authorize

4 a county water commission to impose a tax upon the privilege of

5 engaging in any business which under the Constitution of the

6 United States may not be made the subject of taxation by this

7 State.

8 (c) If a tax has been imposed under subsection (b), a

9 County Water Commission Service Occupation Tax shall also be

10 imposed upon all persons engaged, in the territory of the

11 commission, in the business of making sales of service, who,

12 as an incident to making the sales of service, transfer

13 tangible personal property within the territory. The tax rate

14 shall be 1/4% of the selling price of tangible personal

15 property so transferred within the territory. Beginning

16 January 1, 2021, this tax is not imposed on sales of aviation

17 fuel for so long as the revenue use requirements of 49 U.S.C.

18 47107(b) and 49 U.S.C. 47133 are binding on the District.

19 The tax imposed under this paragraph and all civil

20 penalties that may be assessed as an incident thereof shall be

21 collected and enforced by the State Department of Revenue. The

22 Department shall have full power to administer and enforce

23 this paragraph; to collect all taxes and penalties due

24 hereunder; to dispose of taxes and penalties so collected in

25 the manner hereinafter provided; and to determine all rights

26 to credit memoranda arising on account of the erroneous

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1 payment of tax or penalty hereunder. In the administration of,

2 and compliance with, this paragraph, the Department and

3 persons who are subject to this paragraph shall have the same

4 rights, remedies, privileges, immunities, powers and duties,

5 and be subject to the same conditions, restrictions,

6 limitations, penalties, exclusions, exemptions and definitions

7 of terms, and employ the same modes of procedure, as are

8 prescribed in Sections 1a-1, 2 (except that the reference to

9 State in the definition of supplier maintaining a place of

10 business in this State shall mean the territory of the

11 commission), 2a, 3 through 3-50 (in respect to all provisions

12 therein other than the State rate of tax except that tangible

13 personal property taxed at the 1% rate under the Service

14 Occupation Tax Act shall not be subject to tax hereunder), 4

15 (except that the reference to the State shall be to the

16 territory of the commission), 5, 7, 8 (except that the

17 jurisdiction to which the tax shall be a debt to the extent

18 indicated in that Section 8 shall be the commission), 9

19 (except as to the disposition of taxes and penalties collected

20 and except that the returned merchandise credit for this tax

21 may not be taken against any State tax, and except that the

22 retailer's discount is not allowed for taxes paid on aviation

23 fuel sold on or after December 1, 2019 and through December 31,

24 2020), 10, 11, 12 (except the reference therein to Section 2b

25 of the Retailers' Occupation Tax Act), 13 (except that any

26 reference to the State shall mean the territory of the

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1 commission), the first paragraph of Section 15, 15.5, 16, 17,

2 18, 19, and 20 of the Service Occupation Tax Act as fully as if

3 those provisions were set forth herein.

4 Persons subject to any tax imposed under the authority

5 granted in this paragraph may reimburse themselves for their

6 serviceman's tax liability hereunder by separately stating the

7 tax as an additional charge, which charge may be stated in

8 combination, in a single amount, with State tax that

9 servicemen are authorized to collect under the Service Use Tax

10 Act, and any tax for which servicemen may be liable under

11 subsection (f) of Section 4.03 of the Northern Illinois

12 Transit ~~Regional Transportation~~ Authority Act, in accordance

13 with such bracket schedules as the Department may prescribe.

14 Whenever the Department determines that a refund should be

15 made under this paragraph to a claimant instead of issuing a

16 credit memorandum, the Department shall notify the State

17 Comptroller, who shall cause the warrant to be drawn for the

18 amount specified, and to the person named, in the notification

19 from the Department. The refund shall be paid by the State

20 Treasurer out of a county water commission tax fund

21 established under subsection (g) of this Section.

22 Nothing in this paragraph shall be construed to authorize

23 a county water commission to impose a tax upon the privilege of

24 engaging in any business which under the Constitution of the

25 United States may not be made the subject of taxation by the

26 State.

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1 (d) If a tax has been imposed under subsection (b), a tax

2 shall also be imposed upon the privilege of using, in the

3 territory of the commission, any item of tangible personal

4 property that is purchased outside the territory at retail

5 from a retailer, and that is titled or registered with an

6 agency of this State's government, at a rate of 1/4% of the

7 selling price of the tangible personal property within the

8 territory, as "selling price" is defined in the Use Tax Act.

9 The tax shall be collected from persons whose Illinois address

10 for titling or registration purposes is given as being in the

11 territory. The tax shall be collected by the Department of

12 Revenue for a county water commission. The tax must be paid to

13 the State, or an exemption determination must be obtained from

14 the Department of Revenue, before the title or certificate of

15 registration for the property may be issued. The tax or proof

16 of exemption may be transmitted to the Department by way of the

17 State agency with which, or the State officer with whom, the

18 tangible personal property must be titled or registered if the

19 Department and the State agency or State officer determine

20 that this procedure will expedite the processing of

21 applications for title or registration.

22 The Department shall have full power to administer and

23 enforce this paragraph; to collect all taxes, penalties, and

24 interest due hereunder; to dispose of taxes, penalties, and

25 interest so collected in the manner hereinafter provided; and

26 to determine all rights to credit memoranda or refunds arising

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1 on account of the erroneous payment of tax, penalty, or

2 interest hereunder. In the administration of and compliance

3 with this paragraph, the Department and persons who are

4 subject to this paragraph shall have the same rights,

5 remedies, privileges, immunities, powers, and duties, and be

6 subject to the same conditions, restrictions, limitations,

7 penalties, exclusions, exemptions, and definitions of terms

8 and employ the same modes of procedure, as are prescribed in

9 Sections 2 (except the definition of "retailer maintaining a

10 place of business in this State"), 3 through 3-80 (except

11 provisions pertaining to the State rate of tax, and except

12 provisions concerning collection or refunding of the tax by

13 retailers), 4, 11, 12, 12a, 14, 15, 19 (except the portions

14 pertaining to claims by retailers and except the last

15 paragraph concerning refunds), 20, 21, and 22 of the Use Tax

16 Act and Section 3-7 of the Uniform Penalty and Interest Act

17 that are not inconsistent with this paragraph, as fully as if

18 those provisions were set forth herein.

19 Whenever the Department determines that a refund should be

20 made under this paragraph to a claimant instead of issuing a

21 credit memorandum, the Department shall notify the State

22 Comptroller, who shall cause the order to be drawn for the

23 amount specified, and to the person named, in the notification

24 from the Department. The refund shall be paid by the State

25 Treasurer out of a county water commission tax fund

26 established under subsection (g) of this Section.

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1 (e) A certificate of registration issued by the State

2 Department of Revenue to a retailer under the Retailers'

3 Occupation Tax Act or under the Service Occupation Tax Act

4 shall permit the registrant to engage in a business that is

5 taxed under the tax imposed under subsection (b), (c), or (d)

6 of this Section and no additional registration shall be

7 required under the tax. A certificate issued under the Use Tax

8 Act or the Service Use Tax Act shall be applicable with regard

9 to any tax imposed under subsection (c) of this Section.

10 (f) Any ordinance imposing or discontinuing any tax under

11 this Section shall be adopted and a certified copy thereof

12 filed with the Department on or before June 1, whereupon the

13 Department of Revenue shall proceed to administer and enforce

14 this Section on behalf of the county water commission as of

15 September 1 next following the adoption and filing. Beginning

16 January 1, 1992, an ordinance or resolution imposing or

17 discontinuing the tax hereunder shall be adopted and a

18 certified copy thereof filed with the Department on or before

19 the first day of July, whereupon the Department shall proceed

20 to administer and enforce this Section as of the first day of

21 October next following such adoption and filing. Beginning

22 January 1, 1993, an ordinance or resolution imposing or

23 discontinuing the tax hereunder shall be adopted and a

24 certified copy thereof filed with the Department on or before

25 the first day of October, whereupon the Department shall

26 proceed to administer and enforce this Section as of the first

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1 day of January next following such adoption and filing.

2 (g) The State Department of Revenue shall, upon collecting

3 any taxes as provided in this Section, pay the taxes over to

4 the State Treasurer as trustee for the commission. The taxes

5 shall be held in a trust fund outside the State Treasury.

6 As soon as possible after the first day of each month,

7 beginning January 1, 2011, upon certification of the

8 Department of Revenue, the Comptroller shall order

9 transferred, and the Treasurer shall transfer, to the STAR

10 Bonds Revenue Fund the local sales tax increment, as defined

11 in the Innovation Development and Economy Act, collected under

12 this Section during the second preceding calendar month for

13 sales within a STAR bond district.

14 After the monthly transfer to the STAR Bonds Revenue Fund,

15 on or before the 25th day of each calendar month, the State

16 Department of Revenue shall prepare and certify to the

17 Comptroller of the State of Illinois the amount to be paid to

18 the commission, which shall be the amount (not including

19 credit memoranda) collected under this Section during the

20 second preceding calendar month by the Department plus an

21 amount the Department determines is necessary to offset any

22 amounts that were erroneously paid to a different taxing body,

23 and not including any amount equal to the amount of refunds

24 made during the second preceding calendar month by the

25 Department on behalf of the commission, and not including any

26 amount that the Department determines is necessary to offset

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1 any amounts that were payable to a different taxing body but

2 were erroneously paid to the commission, and less any amounts

3 that are transferred to the STAR Bonds Revenue Fund, less 1.5%

4 of the remainder, which shall be transferred into the Tax

5 Compliance and Administration Fund. The Department, at the

6 time of each monthly disbursement to the commission, shall

7 prepare and certify to the State Comptroller the amount to be

8 transferred into the Tax Compliance and Administration Fund

9 under this subsection. Within 10 days after receipt by the

10 Comptroller of the certification of the amount to be paid to

11 the commission and the Tax Compliance and Administration Fund,

12 the Comptroller shall cause an order to be drawn for the

13 payment for the amount in accordance with the direction in the

14 certification.

15 (h) Beginning June 1, 2016, any tax imposed pursuant to

16 this Section may no longer be imposed or collected, unless a

17 continuation of the tax is approved by the voters at a

18 referendum as set forth in this Section.

19 (Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18;

20 100-863, eff. 8-14-18; 100-1171, eff. 1-4-19; 101-10, eff.

21 6-5-19; 101-81, eff. 7-12-19; 101-604, eff. 12-13-19.)

22 Section 15-170. The School Code is amended by changing

23 Sections 29-5 and 34-4 as follows:

24 (105 ILCS 5/29-5) (from Ch. 122, par. 29-5)

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1 Sec. 29-5. Reimbursement by State for transportation. Any

2 school district or State-authorized charter school,

3 maintaining a school, transporting resident pupils to another

4 school district's vocational program, offered through a joint

5 agreement approved by the State Board of Education, as

6 provided in Section 10-22.22 or transporting its resident

7 pupils to a school which meets the standards for recognition

8 as established by the State Board of Education which provides

9 transportation meeting the standards of safety, comfort,

10 convenience, efficiency and operation prescribed by the State

11 Board of Education for resident pupils in kindergarten or any

12 of grades 1 through 12 who: (a) reside at least 1 1/2 miles as

13 measured by the customary route of travel, from the school

14 attended; or (b) reside in areas where conditions are such

15 that walking constitutes a hazard to the safety of the child

16 when determined under Section 29-3; and (c) are transported to

17 the school attended from pick-up points at the beginning of

18 the school day and back again at the close of the school day or

19 transported to and from their assigned attendance centers

20 during the school day shall be reimbursed by the State as

21 hereinafter provided in this Section.

22 The State will pay the prorated allowable cost of

23 transporting eligible pupils less the real equalized assessed

24 valuation as computed under paragraph (3) of subsection (d) of

25 Section 18-8.15 in a dual school district maintaining

26 secondary grades 9 to 12 inclusive times a qualifying rate of

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1 .05%; in elementary school districts maintaining grades K to 8

2 times a qualifying rate of .06%; and in unit districts

3 maintaining grades K to 12, including partial elementary unit

4 districts formed pursuant to Article 11E, times a qualifying

5 rate of .07%. For a State-authorized charter school, the State

6 shall pay the prorated allowable cost of transporting eligible

7 pupils less a real equalized assessed valuation calculated

8 pursuant to this Section times a qualifying rate. For purposes

9 of calculating the real equalized assessed valuation for a

10 State-authorized charter school whose resident district is not

11 a school district organized under Article 34 of this Code, the

12 State Board of Education shall calculate the average of the

13 number of students in grades kindergarten through 12 reported

14 as enrolled in the charter school in the State Board's Student

15 Information System on October 1 and March 1 of the immediately

16 preceding school year. That value shall be divided by the

17 average of the number of students in grades kindergarten

18 through 12 reported as enrolled in the charter school's

19 resident district on October 1 and March 1 of the immediately

20 preceding school year. That proportion shall be multiplied by

21 the real equalized assessed valuation as computed under

22 paragraph (3) of subsection (d) of Section 18-8.15 for each

23 State-authorized charter school's applicable resident

24 district. A State-authorized charter school whose resident

25 district is organized under Article 34 of this Code shall have

26 a real equalized assessed valuation equal to the real

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1 equalized assessed valuation of its resident district as

2 computed under paragraph (3) of subsection (d) of Section

3 18-8.15. A State-authorized charter school's qualifying rate

4 shall be the same as the rate that applies to the charter

5 school's resident district.

6 To be eligible to receive reimbursement in excess of 4/5

7 of the cost to transport eligible pupils, a school district or

8 partial elementary unit district formed pursuant to Article

9 11E shall have a Transportation Fund tax rate of at least .12%.

10 The Transportation Fund tax rate for a partial elementary unit

11 district formed pursuant Article 11E shall be the combined

12 elementary and high school rates pursuant to paragraph (4) of

13 subsection (a) of Section 18-8.15.

14 If a school district or partial elementary unit district

15 formed pursuant to Article 11E does not have a .12%

16 Transportation Fund tax rate, the amount of its claim in

17 excess of 4/5 of the cost of transporting pupils shall be

18 reduced by the sum arrived at by subtracting the

19 Transportation Fund tax rate from .12% and multiplying that

20 amount by the district's real equalized assessed valuation as

21 computed under paragraph (3) of subsection (d) of Section

22 18-8.15, provided that in no case shall said reduction result

23 in reimbursement of less than 4/5 of the cost to transport

24 eligible pupils. No such adjustment may be applied to a claim

25 filed by a State-authorized charter school.

26 Subject to the calculation of equalized assessed

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1 valuation, an adjustment for an insufficient tax rate, and the

2 use of a qualifying rate as provided in this Section, a

3 State-authorized charter school may make a claim for

4 reimbursement by the State that is calculated in the same

5 manner as a school district.

6 The minimum amount to be received by a district is $16

7 times the number of eligible pupils transported.

8 When calculating the reimbursement for transportation

9 costs, the State Board of Education may not deduct the number

10 of pupils enrolled in early education programs from the number

11 of pupils eligible for reimbursement if the pupils enrolled in

12 the early education programs are transported at the same time

13 as other eligible pupils.

14 Any such district transporting resident pupils during the

15 school day to an area vocational school or another school

16 district's vocational program more than 1 1/2 miles from the

17 school attended, as provided in Sections 10-22.20a and

18 10-22.22, shall be reimbursed by the State for 4/5 of the cost

19 of transporting eligible pupils.

20 School day means that period of time during which the

21 pupil is required to be in attendance for instructional

22 purposes.

23 If a pupil is at a location within the school district

24 other than his residence for child care purposes at the time

25 for transportation to school, that location may be considered

26 for purposes of determining the 1 1/2 miles from the school

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1 attended.

2 Claims for reimbursement that include children who attend

3 any school other than a public school shall show the number of

4 such children transported.

5 Claims for reimbursement under this Section shall not be

6 paid for the transportation of pupils for whom transportation

7 costs are claimed for payment under other Sections of this

8 Act.

9 The allowable direct cost of transporting pupils for

10 regular, vocational, and special education pupil

11 transportation shall be limited to the sum of the cost of

12 physical examinations required for employment as a school bus

13 driver; the salaries of full-time or part-time drivers and

14 school bus maintenance personnel; employee benefits excluding

15 Illinois municipal retirement payments, social security

16 payments, unemployment insurance payments and workers'

17 compensation insurance premiums; expenditures to independent

18 carriers who operate school buses; payments to other school

19 districts for pupil transportation services; pre-approved

20 contractual expenditures for computerized bus scheduling;

21 expenditures for housing assistance and homeless prevention

22 under Sections 1-17 and 1-18 of the Education for Homeless

23 Children Act that are not in excess of the school district's

24 actual costs for providing transportation services and are not

25 otherwise claimed in another State or federal grant that

26 permits those costs to a parent, a legal guardian, any other

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1 person who enrolled a pupil, or a homeless assistance agency

2 that is part of the federal McKinney-Vento Homeless Assistance

3 Act's continuum of care for the area in which the district is

4 located; the cost of gasoline, oil, tires, and other supplies

5 necessary for the operation of school buses; the cost of

6 converting buses' gasoline engines to more fuel efficient

7 engines or to engines which use alternative energy sources;

8 the cost of travel to meetings and workshops conducted by the

9 regional superintendent or the State Superintendent of

10 Education pursuant to the standards established by the

11 Secretary of State under Section 6-106 of the Illinois Vehicle

12 Code to improve the driving skills of school bus drivers; the

13 cost of maintenance of school buses including parts and

14 materials used; expenditures for leasing transportation

15 vehicles, except interest and service charges; the cost of

16 insurance and licenses for transportation vehicles;

17 expenditures for the rental of transportation equipment; plus

18 a depreciation allowance of 20% for 5 years for school buses

19 and vehicles approved for transporting pupils to and from

20 school and a depreciation allowance of 10% for 10 years for

21 other transportation equipment so used. Each school year, if a

22 school district has made expenditures to the Northern Illinois

23 Transit ~~Regional Transportation~~ Authority or any of its

24 service boards, a mass transit district, or an urban

25 transportation district under an intergovernmental agreement

26 with the district to provide for the transportation of pupils

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1 and if the public transit carrier received direct payment for

2 services or passes from a school district within its service

3 area during the 2000-2001 school year, then the allowable

4 direct cost of transporting pupils for regular, vocational,

5 and special education pupil transportation shall also include

6 the expenditures that the district has made to the public

7 transit carrier. In addition to the above allowable costs,

8 school districts shall also claim all transportation

9 supervisory salary costs, including Illinois municipal

10 retirement payments, and all transportation related building

11 and building maintenance costs without limitation.

12 Special education allowable costs shall also include

13 expenditures for the salaries of attendants or aides for that

14 portion of the time they assist special education pupils while

15 in transit and expenditures for parents and public carriers

16 for transporting special education pupils when pre-approved by

17 the State Superintendent of Education.

18 Indirect costs shall be included in the reimbursement

19 claim for districts which own and operate their own school

20 buses. Such indirect costs shall include administrative costs,

21 or any costs attributable to transporting pupils from their

22 attendance centers to another school building for

23 instructional purposes. No school district which owns and

24 operates its own school buses may claim reimbursement for

25 indirect costs which exceed 5% of the total allowable direct

26 costs for pupil transportation.

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1 The State Board of Education shall prescribe uniform

2 regulations for determining the above standards and shall

3 prescribe forms of cost accounting and standards of

4 determining reasonable depreciation. Such depreciation shall

5 include the cost of equipping school buses with the safety

6 features required by law or by the rules, regulations and

7 standards promulgated by the State Board of Education, and the

8 Department of Transportation for the safety and construction

9 of school buses provided, however, any equipment cost

10 reimbursed by the Department of Transportation for equipping

11 school buses with such safety equipment shall be deducted from

12 the allowable cost in the computation of reimbursement under

13 this Section in the same percentage as the cost of the

14 equipment is depreciated.

15 On or before August 15, annually, the chief school

16 administrator for the district shall certify to the State

17 Superintendent of Education the district's claim for

18 reimbursement for the school year ending on June 30 next

19 preceding. The State Superintendent of Education shall check

20 and approve the claims and prepare the vouchers showing the

21 amounts due for district reimbursement claims. Each fiscal

22 year, the State Superintendent of Education shall prepare and

23 transmit the first 3 vouchers to the Comptroller on the 30th

24 day of September, December and March, respectively, and the

25 final voucher, no later than June 20.

26 If the amount appropriated for transportation

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1 reimbursement is insufficient to fund total claims for any

2 fiscal year, the State Board of Education shall reduce each

3 school district's allowable costs and flat grant amount

4 proportionately to make total adjusted claims equal the total

5 amount appropriated.

6 For purposes of calculating claims for reimbursement under

7 this Section for any school year beginning July 1, 2016, the

8 equalized assessed valuation for a school district or partial

9 elementary unit district formed pursuant to Article 11E used

10 to compute reimbursement shall be the real equalized assessed

11 valuation as computed under paragraph (3) of subsection (d) of

12 Section 18-8.15.

13 All reimbursements received from the State shall be

14 deposited into the district's transportation fund or into the

15 fund from which the allowable expenditures were made.

16 Notwithstanding any other provision of law, any school

17 district receiving a payment under this Section or under

18 Section 14-7.02, 14-7.02b, or 14-13.01 of this Code may

19 classify all or a portion of the funds that it receives in a

20 particular fiscal year or from State aid pursuant to Section

21 18-8.15 of this Code as funds received in connection with any

22 funding program for which it is entitled to receive funds from

23 the State in that fiscal year (including, without limitation,

24 any funding program referenced in this Section), regardless of

25 the source or timing of the receipt. The district may not

26 classify more funds as funds received in connection with the

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1 funding program than the district is entitled to receive in

2 that fiscal year for that program. Any classification by a

3 district must be made by a resolution of its board of

4 education. The resolution must identify the amount of any

5 payments or general State aid to be classified under this

6 paragraph and must specify the funding program to which the

7 funds are to be treated as received in connection therewith.

8 This resolution is controlling as to the classification of

9 funds referenced therein. A certified copy of the resolution

10 must be sent to the State Superintendent of Education. The

11 resolution shall still take effect even though a copy of the

12 resolution has not been sent to the State Superintendent of

13 Education in a timely manner. No classification under this

14 paragraph by a district shall affect the total amount or

15 timing of money the district is entitled to receive under this

16 Code. No classification under this paragraph by a district

17 shall in any way relieve the district from or affect any

18 requirements that otherwise would apply with respect to that

19 funding program, including any accounting of funds by source,

20 reporting expenditures by original source and purpose,

21 reporting requirements, or requirements of providing services.

22 Any school district with a population of not more than

23 500,000 must deposit all funds received under this Article

24 into the transportation fund and use those funds for the

25 provision of transportation services.

26 (Source: P.A. 102-539, eff. 8-20-21; 102-813, eff. 5-13-22;

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1 103-588, eff. 1-1-25.)

2 (105 ILCS 5/34-4) (from Ch. 122, par. 34-4)

3 Sec. 34-4. Eligibility. To be eligible for election or

4 appointment to the Board, a person shall be a citizen of the

5 United States, shall be a registered voter as provided in the

6 Election Code, shall have been, for a period of one year

7 immediately before election or appointment, a resident of the

8 city, district, and subdistrict that the member represents,

9 and shall not be a child sex offender as defined in Section

10 11-9.3 of the Criminal Code of 2012. A person is ineligible for

11 election or appointment to the Board if that person is not in

12 compliance with the provisions of Section 10-9 as referenced

13 in Section 34-3. For the 2024 general election, all persons

14 eligible for election to the Board shall be nominated by a

15 petition signed by at least 1,000 but not more than 3,000 of

16 the voters residing within the electoral district on a

17 petition in order to be placed on the ballot. For the 2026

18 general election and general elections thereafter, persons

19 eligible for election to the Board shall be nominated by a

20 petition signed by at least 500 but no more than 1,500 voters

21 residing within the subdistrict on a petition in order to be

22 placed on the ballot, except that persons eligible for

23 election to the Board at large shall be nominated by a petition

24 signed by no less than 2,500 voters residing within the city.

25 Any registered voter may sign a nominating petition,

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1 irrespective of any partisan petition the voter signs or may

2 sign. For the 2024 general election only, the petition

3 circulation period shall begin on March 26, 2024, and the

4 filing period shall be from June 17, 2024 to June 24, 2024.

5 Permanent removal from the city by any member of the Board

6 during the member's term of office constitutes a resignation

7 therefrom and creates a vacancy in the Board. Board members

8 shall serve without any compensation; however, members of the

9 Board shall be reimbursed for expenses incurred while in the

10 performance of their duties upon submission of proper receipts

11 or upon submission of a signed voucher in the case of an

12 expense allowance evidencing the amount of such reimbursement

13 or allowance to the President of the Board for verification

14 and approval. Board members shall not hold other public office

15 under the Federal, State or any local government other than

16 that of Director of the Northern Illinois Transit ~~Regional~~

17 ~~Transportation~~ Authority, member of the economic development

18 commission of a city having a population exceeding 500,000,

19 notary public or member of the National Guard, and by

20 accepting any such office while members of the Board, or by not

21 resigning any such office held at the time of being elected or

22 appointed to the Board within 30 days after such election or

23 appointment, shall be deemed to have vacated their membership

24 in the Board.

25 (Source: P.A. 102-177, eff. 6-1-22; 102-691, eff. 12-17-21;

26 103-584, eff. 3-18-24.)

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1 Section 15-175. The Public Utilities Act is amended by

2 changing Section 4-302 as follows:

3 (220 ILCS 5/4-302) (from Ch. 111 2/3, par. 4-302)

4 Sec. 4-302. The Commission shall cooperate with the

5 Northern Illinois Transit ~~Regional Transportation~~ Authority

6 created pursuant to the "Northern Illinois Transit ~~Regional~~

7 ~~Transportation~~ Authority Act", enacted by the 78th General

8 Assembly, in the exercise of the powers of the Authority as

9 provided in that Act.

10 Transportation Agencies which have any purchase of service

11 agreement with a Service Board as provided in the "Northern

12 Illinois Transit ~~Regional Transportation~~ Authority Act" shall

13 not be subject to this Act as to any public transportation

14 which is the subject of such agreement. Any service and

15 business exempted from this Act pursuant to this Section shall

16 not be considered "intrastate public utility business" as

17 defined in Section 3-120 of this Act.

18 No contract between any Transportation Agency and the

19 Authority or a Service Board or acquisition by the Authority

20 or a Service Board of any property, including property of a

21 Transportation Agency pursuant to and as defined in the

22 Northern Illinois Transit ~~Regional Transportation~~ Authority

23 Act, shall, except as provided in such Act, be subject to the

24 supervision, regulation or approval of the Commission.

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1 In the event a Service Board shall determine that any

2 Public Transportation service provided by any Transportation

3 Agency with which that Service Board has a Purchase of Service

4 Agreement is not necessary for the public interest and shall

5 for that reason decline to enter into any Purchase of Service

6 Agreement for such particular service, all pursuant to and as

7 defined in such Northern Illinois Transit ~~Regional~~

8 ~~Transportation~~ Authority Act, then the discontinuation of such

9 service by such Transportation Agency shall not be subject to

10 the supervision, regulation or approval of the Commission.

11 (Source: P.A. 84-617; 84-1025.)

12 Section 15-180. The Telecommunication Devices for the Deaf

13 Act is amended by changing Section 2 as follows:

14 (410 ILCS 55/2) (from Ch. 111 1/2, par. 4202)

15 Sec. 2. As used in this Act, unless the context otherwise

16 requires:

17 (a) "Telecommunication device for the deaf" means a

18 teletypewriter or other instrument for telecommunication in

19 which speaking or hearing is not required for communication.

20 (b) "Public Safety Agency" means any unit of local

21 government or special purpose district within the State which

22 has authority to provide firefighting, police, or other

23 emergency services.

24 (c) "Department" means the Department of Human Services.

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1 (d) "Major public transportation site" means any airport

2 or railroad station in the State providing commercial rail or

3 airline service to the general public, that serves and is

4 located within 20 miles of a municipality with a population of

5 25,000 or more, except for any facility under the jurisdiction

6 of the Commuter Rail Division created by the Northern Illinois

7 Transit ~~Regional Transportation~~ Authority Act or the Chicago

8 Transit Authority created by the Metropolitan Transit

9 Authority Act.

10 (e) "General traveling public" are individuals making use

11 of the commercial rail and airline services which are provided

12 at major public transportation sites.

13 (Source: P.A. 89-507, eff. 7-1-97.)

14 Section 15-185. The Illinois Highway Code is amended by

15 changing Section 6-411.5 as follows:

16 (605 ILCS 5/6-411.5)

17 Sec. 6-411.5. Contracts for public transportation. The

18 highway commissioner of each road district within the

19 territory of the Northern Illinois Transit ~~Regional~~

20 ~~Transportation~~ Authority shall have authority, with the

21 approval of the township board of trustees, to contract with

22 the Northern Illinois Transit ~~Regional Transportation~~

23 Authority or a Service Board, as defined in the Northern

24 Illinois Transit ~~Regional Transportation~~ Authority Act, for

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1 the purchase of public transportation services within the

2 district, upon such terms and conditions as may be mutually

3 agreed upon. The expenditure of road funds, collected under a

4 road district tax, to purchase public transportation services

5 constitutes a road purpose under this Code.

6 (Source: P.A. 89-347, eff. 1-1-96.)

7 Section 15-190. The Toll Highway Act is amended by

8 changing Section 19 as follows:

9 (605 ILCS 10/19) (from Ch. 121, par. 100-19)

10 Sec. 19. Toll rates. The Authority shall fix and revise

11 from time to time, tolls or charges or rates for the privilege

12 of using each of the toll highways constructed pursuant to

13 this Act. Such tolls shall be so fixed and adjusted at rates

14 calculated to provide the lowest reasonable toll rates that

15 will provide funds sufficient with other revenues of the

16 Authority to pay, (a) the cost of the construction of a toll

17 highway authorized by joint resolution of the General Assembly

18 pursuant to Section 14.1 and the reconstruction, major repairs

19 or improvements of toll highways, (b) the cost of maintaining,

20 repairing, regulating and operating the toll highways

21 including only the necessary expenses of the Authority, and

22 (c) the principal of all bonds, interest thereon and all

23 sinking fund requirements and other requirements provided by

24 resolutions authorizing the issuance of the bonds as they

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1 shall become due. In fixing the toll rates pursuant to this

2 Section 19 and Section 10(c) of this Act, the Authority shall

3 take into account the effect of the provisions of this Section

4 19 permitting the use of the toll highway system without

5 payment of the covenants of the Authority contained in the

6 resolutions and trust indentures authorizing the issuance of

7 bonds of the Authority. No such provision permitting the use

8 of the toll highway system without payment of tolls after the

9 date of this amendatory Act of the 95th General Assembly shall

10 be applied in a manner that impairs the rights of bondholders

11 pursuant to any resolution or trust indentures authorizing the

12 issuance of bonds of the Authority. The use and disposition of

13 any sinking or reserve fund shall be subject to such

14 regulation as may be provided in the resolution or trust

15 indenture authorizing the issuance of the bonds. Subject to

16 the provisions of any resolution or trust indenture

17 authorizing the issuance of bonds any moneys in any such

18 sinking fund in excess of an amount equal to one year's

19 interest on the bonds then outstanding secured by such sinking

20 fund may be applied to the purchase or redemption of bonds. All

21 such bonds so redeemed or purchased shall forthwith be

22 cancelled and shall not again be issued. No person shall be

23 permitted to use any toll highway without paying the toll

24 established under this Section except when on official Toll

25 Highway Authority business which includes police and other

26 emergency vehicles. However, any law enforcement agency

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1 vehicle, fire department vehicle, public or private ambulance

2 service vehicle engaged in the performance of an emergency

3 service or duty that necessitates the use of the toll highway

4 system, or other emergency vehicle that is plainly marked

5 shall not be required to pay a toll to use a toll highway. A

6 law enforcement, fire protection, or emergency services

7 officer driving a law enforcement, fire protection, emergency

8 services agency vehicle, or public or private ambulance

9 service vehicle engaging in the performance of emergency

10 services or duties that is not plainly marked must present an

11 Official Permit Card which the law enforcement, fire

12 protection, or emergency services officer receives from his or

13 her law enforcement, fire protection, emergency services

14 agency, or public or private ambulance service in order to use

15 a toll highway without paying the toll. A law enforcement,

16 fire protection, emergency services agency, or public or

17 private ambulance service engaging in the performance of

18 emergency services or duties must apply to the Authority to

19 receive a permit, and the Authority shall adopt rules for the

20 issuance of a permit, that allows public or private ambulance

21 service vehicles engaged in the performance of emergency

22 services or duties that necessitate the use of the toll

23 highway system and all law enforcement, fire protection, or

24 emergency services agency vehicles of the law enforcement,

25 fire protection, or emergency services agency to use any toll

26 highway without paying the toll established under this

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1 Section. The Authority shall maintain in its office a list of

2 all persons that are authorized to use any toll highway

3 without charge when on official business of the Authority and

4 such list shall be open to the public for inspection. In

5 recognition of the unique role of public transportation in

6 providing effective transportation in the Authority's service

7 region, and to give effect to the exemption set forth in

8 subsection (b) of Section 2.06 of the Northern Illinois

9 Transit ~~Regional Transportation~~ Authority Act, the following

10 vehicles may use any toll highway without paying the toll: (1)

11 a vehicle owned or operated by the Suburban Bus Division of the

12 Northern Illinois Transit ~~Regional Transportation~~ Authority

13 that is being used to transport passengers for hire; and (2)

14 any revenue vehicle that is owned or operated by a Mass Transit

15 District created under Section 3 of the Local Mass Transit

16 District Act and running regular scheduled service.

17 Among other matters, this amendatory Act of 1990 is

18 intended to clarify and confirm the prior intent of the

19 General Assembly to allow toll revenues from the toll highway

20 system to be used to pay a portion of the cost of the

21 construction of the North-South Toll Highway authorized by

22 Senate Joint Resolution 122 of the 83rd General Assembly in

23 1984.

24 (Source: P.A. 100-739, eff. 1-1-19.)

25 Section 15-195. The Illinois Aeronautics Act is amended by

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1 changing Section 49.1 as follows:

2 (620 ILCS 5/49.1) (from Ch. 15 1/2, par. 22.49a)

3 Sec. 49.1. Creation of hazards. No person may create or

4 construct any airport hazard which obstructs a restricted

5 landing area or residential airport that (1) serves 20 or more

6 based aircraft, and (2) is located within the "metropolitan

7 region" as that term is defined in the Northern Illinois

8 Transit ~~Regional Transportation~~ Authority Act. For the purpose

9 of this Section, "based aircraft" are aircraft that are

10 regularly hangared or tied-down at the restricted landing area

11 or residential airport, or that use it as their primary base of

12 operation. As used in this Section 49.1, "restricted landing

13 area" or "residential airport" shall have the meaning set

14 forth in regulations of the Department in effect on the

15 effective date of this amendatory Act of 1989, but shall not

16 include amendments of the regulations adopted by the

17 Department thereafter.

18 (Source: P.A. 86-963.)

19 Section 15-200. The Illinois Vehicle Code is amended by

20 changing Sections 1-209.3, 8-102, 11-709.2, and 18c-7402 as

21 follows:

22 (625 ILCS 5/1-209.3)

23 Sec. 1-209.3. Transit bus. A bus engaged in public

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1 transportation as defined by the Northern Illinois Transit

2 ~~Regional Transportation~~ Authority Act and authorized by the

3 Department to be used on specifically designated roadway

4 shoulders.

5 (Source: P.A. 97-292, eff. 8-11-11.)

6 (625 ILCS 5/8-102) (from Ch. 95 1/2, par. 8-102)

7 Sec. 8-102. Alternate methods of giving proof.

8 (a) Except as provided in subsection (b), proof of

9 financial responsibility, when required under Section 8-101 or

10 8-101.1, may be given by filing with the Secretary of State one

11 of the following:

12 1. A bond as provided in Section 8-103;

13 2. An insurance policy or other proof of insurance in

14 a form to be prescribed by the Secretary as provided in

15 Section 8-108;

16 3. A certificate of self-insurance issued by the

17 Director;

18 4. A certificate of self-insurance issued to the

19 Northern Illinois Transit ~~Regional Transportation~~

20 Authority by the Director naming municipal or

21 non-municipal public carriers included therein;

22 5. A certificate of coverage issued by an

23 intergovernmental risk management association evidencing

24 coverages which meet or exceed the amounts required under

25 this Code.

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1 (b) Beginning January 1, 2020, in lieu of filing the

2 documents required by subsection (a), each owner of a vehicle

3 required to obtain minimum liability insurance under Section

4 8-101 or 8-101.1 shall attest that the vehicle is insured in at

5 least the minimum required amount.

6 (1) The Secretary shall create a form on which the

7 vehicle owner shall attest that the vehicle is insured in

8 at least the minimum required amount. The attestation form

9 shall be submitted with each registration application.

10 (2) The attestation form shall be valid for the full

11 registration period; however, if at any time the Secretary

12 has reason to believe that the owner does not have the

13 minimum required amount of insurance for a vehicle, the

14 Secretary may require the owner to file with the Secretary

15 documentation as set forth in subsection (a) of this

16 Section.

17 (3) If the owner fails to provide the required

18 documentation within 7 calendar days after the request is

19 made, the Secretary may suspend the vehicle registration.

20 The registration shall remain suspended until such time as

21 the required documentation is provided to and reviewed by

22 the Secretary.

23 (4) The owner of a vehicle that is self-insured shall

24 attest that the funds available to pay liability claims

25 related to the operation of the vehicle are equivalent to

26 or greater than the minimum liability insurance

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1 requirements under Section 8-101 or 8-101.1.

2 (c) The Secretary of State may adopt rules to implement

3 this Section.

4 (Source: P.A. 100-986, eff. 1-1-21.)

5 (625 ILCS 5/11-709.2)

6 Sec. 11-709.2. Bus on shoulder program.

7 (a) The use of specifically designated shoulders of

8 roadways by transit buses may be authorized by the Department

9 in cooperation with the Northern Illinois Transit ~~Regional~~

10 ~~Transportation~~ Authority and the Suburban Bus Division of the

11 Northern Illinois Transit ~~Regional Transportation~~ Authority.

12 The Department shall prescribe by rule which transit buses are

13 authorized to operate on shoulders, as well as times and

14 locations. The Department may erect signage to indicate times

15 and locations of designated shoulder usage.

16 (b) (Blank).

17 (c) (Blank).

18 (Source: P.A. 98-756, eff. 7-16-14; 98-871, eff. 8-11-14;

19 99-78, eff. 7-20-15.)

20 (625 ILCS 5/18c-7402) (from Ch. 95 1/2, par. 18c-7402)

21 Sec. 18c-7402. Safety requirements for railroad

22 operations.

23 (1) Obstruction of crossings.

24 (a) Obstruction of emergency vehicles. Every railroad

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1 shall be operated in such a manner as to minimize

2 obstruction of emergency vehicles at crossings. Where such

3 obstruction occurs and the train crew is aware of the

4 obstruction, the train crew shall immediately take any

5 action, consistent with safe operating procedure,

6 necessary to remove the obstruction. In the Chicago and

7 St. Louis switching districts, every railroad dispatcher

8 or other person responsible for the movement of railroad

9 equipment in a specific area who receives notification

10 that railroad equipment is obstructing the movement of an

11 emergency vehicle at any crossing within such area shall

12 immediately notify the train crew through use of existing

13 communication facilities. Upon notification, the train

14 crew shall take immediate action in accordance with this

15 paragraph.

16 (b) Obstruction of highway at grade crossing

17 prohibited. It is unlawful for a rail carrier to permit

18 any train, railroad car or engine to obstruct public

19 travel at a railroad-highway grade crossing for a period

20 in excess of 10 minutes, except where such train or

21 railroad car is continuously moving or cannot be moved by

22 reason of circumstances over which the rail carrier has no

23 reasonable control.

24 In a county with a population of greater than

25 1,000,000, as determined by the most recent federal

26 census, during the hours of 7:00 a.m. through 9:00 a.m.

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1 and 4:00 p.m. through 6:00 p.m. it is unlawful for a rail

2 carrier to permit any single train or railroad car to

3 obstruct public travel at a railroad-highway grade

4 crossing in excess of a total of 10 minutes during a 30

5 minute period, except where the train or railroad car

6 cannot be moved by reason or circumstances over which the

7 rail carrier has no reasonable control. Under no

8 circumstances will a moving train be stopped for the

9 purposes of issuing a citation related to this Section.

10 However, no employee acting under the rules or orders

11 of the rail carrier or its supervisory personnel may be

12 prosecuted for a violation of this subsection (b).

13 (c) Punishment for obstruction of grade crossing. Any

14 rail carrier violating paragraph (b) of this subsection

15 shall be guilty of a petty offense and fined not less than

16 $200 nor more than $500 if the duration of the obstruction

17 is in excess of 10 minutes but no longer than 15 minutes.

18 If the duration of the obstruction exceeds 15 minutes the

19 violation shall be a business offense and the following

20 fines shall be imposed: if the duration of the obstruction

21 is in excess of 15 minutes but no longer than 20 minutes,

22 the fine shall be $500; if the duration of the obstruction

23 is in excess of 20 minutes but no longer than 25 minutes,

24 the fine shall be $700; if the duration of the obstruction

25 is in excess of 25 minutes, but no longer than 30 minutes,

26 the fine shall be $900; if the duration of the obstruction

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1 is in excess of 30 minutes but no longer than 35 minutes,

2 the fine shall be $1,000; if the duration of the

3 obstruction is in excess of 35 minutes, the fine shall be

4 $1,000 plus an additional $500 for each 5 minutes of

5 obstruction in excess of 25 minutes of obstruction.

6 (2) Other operational requirements.

7 (a) Bell and whistle-crossings. Every rail carrier

8 shall cause a bell, and a whistle or horn to be placed and

9 kept on each locomotive, and shall cause the same to be

10 rung or sounded by the engineer or fireman, at the

11 distance of at least 1,320 feet, from the place where the

12 railroad crosses or intersects any public highway, and

13 shall be kept ringing or sounding until the highway is

14 reached; provided that at crossings where the Commission

15 shall by order direct, only after a hearing has been held

16 to determine the public is reasonably and sufficiently

17 protected, the rail carrier may be excused from giving

18 warning provided by this paragraph.

19 (a-5) The requirements of paragraph (a) of this

20 subsection (2) regarding ringing a bell and sounding a

21 whistle or horn do not apply at a railroad crossing that

22 has a permanently installed automated audible warning

23 device authorized by the Commission under Section

24 18c-7402.1 that sounds automatically when an approaching

25 train is at least 1,320 feet from the crossing and that

26 keeps sounding until the lead locomotive has crossed the

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1 highway. The engineer or fireman may ring the bell or

2 sound the whistle or horn at a railroad crossing that has a

3 permanently installed audible warning device.

4 (b) Speed limits. Each rail carrier shall operate its

5 trains in compliance with speed limits set by the

6 Commission. The Commission may set train speed limits only

7 where such limits are necessitated by extraordinary

8 circumstances affecting the public safety, and shall

9 maintain such train speed limits in effect only for such

10 time as the extraordinary circumstances prevail.

11 The Commission and the Department of Transportation

12 shall conduct a study of the relation between train speeds

13 and railroad-highway grade crossing safety. The Commission

14 shall report the findings of the study to the General

15 Assembly no later than January 5, 1997.

16 (c) Special speed limit; pilot project. The Commission

17 and the Board of the Commuter Rail Division of the

18 Northern Illinois Transit ~~Regional Transportation~~

19 Authority shall conduct a pilot project in the Village of

20 Fox River Grove, the site of the fatal school bus crash at

21 a railroad crossing on October 25, 1995, in order to

22 improve railroad crossing safety. For this project, the

23 Commission is directed to set the maximum train speed

24 limit for Northern Illinois Transit ~~Regional~~

25 ~~Transportation~~ Authority trains at 50 miles per hour at

26 intersections on that portion of the intrastate rail line

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1 located in the Village of Fox River Grove. If the Northern

2 Illinois Transit ~~Regional Transportation~~ Authority

3 deliberately fails to comply with this maximum speed

4 limit, then any entity, governmental or otherwise, that

5 provides capital or operational funds to the Northern

6 Illinois Transit ~~Regional Transportation~~ Authority shall

7 appropriately reduce or eliminate that funding. The

8 Commission shall report to the Governor and the General

9 Assembly on the results of this pilot project in January

10 1999, January 2000, and January 2001. The Commission shall

11 also submit a final report on the pilot project to the

12 Governor and the General Assembly in January 2001. The

13 provisions of this subsection (c), other than this

14 sentence, are inoperative after February 1, 2001.

15 (d) Freight train crew size. No rail carrier shall

16 operate or cause to operate a train or light engine used in

17 connection with the movement of freight unless it has an

18 operating crew consisting of at least 2 individuals. The

19 minimum freight train crew size indicated in this

20 subsection (d) shall remain in effect until a federal law

21 or rule encompassing the subject matter has been adopted.

22 The Commission, with respect to freight train crew member

23 size under this subsection (d), has the power to conduct

24 evidentiary hearings, make findings, and issue and enforce

25 orders, including sanctions under Section 18c-1704 of this

26 Chapter. As used in this subsection (d), "train or light

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1 engine" does not include trains operated by a hostler

2 service or utility employees.

3 (3) Report and investigation of rail accidents.

4 (a) Reports. Every rail carrier shall report to the

5 Commission, by the speediest means possible, whether

6 telephone, telegraph, or otherwise, every accident

7 involving its equipment, track, or other property which

8 resulted in loss of life to any person. In addition, such

9 carriers shall file a written report with the Commission.

10 Reports submitted under this paragraph shall be strictly

11 confidential, shall be specifically prohibited from

12 disclosure, and shall not be admissible in any

13 administrative or judicial proceeding relating to the

14 accidents reported.

15 (b) Investigations. The Commission may investigate all

16 railroad accidents reported to it or of which it acquires

17 knowledge independent of reports made by rail carriers,

18 and shall have the power, consistent with standards and

19 procedures established under the Federal Railroad Safety

20 Act, as amended, to enter such temporary orders as will

21 minimize the risk of future accidents pending notice,

22 hearing, and final action by the Commission.

23 (Source: P.A. 101-294, eff. 1-1-20; 102-982, eff. 7-1-23.)

24 Section 15-205. The Criminal Code of 2012 is amended by

25 changing Section 21-5 as follows:

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1 (720 ILCS 5/21-5) (from Ch. 38, par. 21-5)

2 Sec. 21-5. Criminal trespass to State supported land.

3 (a) A person commits criminal trespass to State supported

4 land when he or she enters upon land supported in whole or in

5 part with State funds, or federal funds administered or

6 granted through State agencies or any building on the land,

7 after receiving, prior to the entry, notice from the State or

8 its representative that the entry is forbidden, or remains

9 upon the land or in the building after receiving notice from

10 the State or its representative to depart, and who thereby

11 interferes with another person's lawful use or enjoyment of

12 the building or land.

13 A person has received notice from the State within the

14 meaning of this subsection if he or she has been notified

15 personally, either orally or in writing, or if a printed or

16 written notice forbidding entry to him or her or a group of

17 which he or she is a part, has been conspicuously posted or

18 exhibited at the main entrance to the land or the forbidden

19 part thereof.

20 (a-5) A person commits criminal trespass to State

21 supported land when he or she enters upon a right-of-way ~~right~~

22 ~~of way~~, including facilities and improvements thereon, owned,

23 leased, or otherwise used by a public body or district

24 organized under the Metropolitan Transit Authority Act, the

25 Local Mass Transit District Act, or the Northern Illinois

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1 Transit ~~Regional Transportation~~ Authority Act, after

2 receiving, prior to the entry, notice from the public body or

3 district, or its representative, that the entry is forbidden,

4 or the person remains upon the right-of-way ~~right of way~~ after

5 receiving notice from the public body or district, or its

6 representative, to depart, and in either of these instances

7 intends to compromise public safety by causing a delay in

8 transit service lasting more than 15 minutes or destroying

9 property.

10 A person has received notice from the public body or

11 district within the meaning of this subsection if he or she has

12 been notified personally, either orally or in writing, or if a

13 printed or written notice forbidding entry to him or her has

14 been conspicuously posted or exhibited at any point of

15 entrance to the right-of-way ~~right of way~~ or the forbidden

16 part of the right-of-way ~~right of way~~.

17 As used in this subsection (a-5), "right-of-way ~~right of~~

18 ~~way~~" has the meaning ascribed to it in Section 18c-7502 of the

19 Illinois Vehicle Code.

20 (b) A person commits criminal trespass to State supported

21 land when he or she enters upon land supported in whole or in

22 part with State funds, or federal funds administered or

23 granted through State agencies or any building on the land by

24 presenting false documents or falsely representing his or her

25 identity orally to the State or its representative in order to

26 obtain permission from the State or its representative to

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1 enter the building or land; or remains upon the land or in the

2 building by presenting false documents or falsely representing

3 his or her identity orally to the State or its representative

4 in order to remain upon the land or in the building, and who

5 thereby interferes with another person's lawful use or

6 enjoyment of the building or land.

7 This subsection does not apply to a peace officer or other

8 official of a unit of government who enters upon land

9 supported in whole or in part with State funds, or federal

10 funds administered or granted through State agencies or any

11 building on the land in the performance of his or her official

12 duties.

13 (c) Sentence. Criminal trespass to State supported land is

14 a Class A misdemeanor, except a violation of subsection (a-5)

15 of this Section is a Class A misdemeanor for a first violation

16 and a Class 4 felony for a second or subsequent violation.

17 (Source: P.A. 97-1108, eff. 1-1-13; 98-748, eff. 1-1-15.)

18 Section 15-210. The Eminent Domain Act is amended by

19 changing Section 15-5-15 as follows:

20 (735 ILCS 30/15-5-15)

21 Sec. 15-5-15. Eminent domain powers in ILCS Chapters 70

22 through 75. The following provisions of law may include

23 express grants of the power to acquire property by

24 condemnation or eminent domain:

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1 (70 ILCS 5/8.02 and 5/9); Airport Authorities Act; airport

2 authorities; for public airport facilities.

3 (70 ILCS 5/8.05 and 5/9); Airport Authorities Act; airport

4 authorities; for removal of airport hazards.

5 (70 ILCS 5/8.06 and 5/9); Airport Authorities Act; airport

6 authorities; for reduction of the height of objects or

7 structures.

8 (70 ILCS 10/4); Interstate Airport Authorities Act; interstate

9 airport authorities; for general purposes.

10 (70 ILCS 15/3); Kankakee River Valley Area Airport Authority

11 Act; Kankakee River Valley Area Airport Authority; for

12 acquisition of land for airports.

13 (70 ILCS 200/2-20); Civic Center Code; civic center

14 authorities; for grounds, centers, buildings, and parking.

15 (70 ILCS 200/5-35); Civic Center Code; Aledo Civic Center

16 Authority; for grounds, centers, buildings, and parking.

17 (70 ILCS 200/10-15); Civic Center Code; Aurora Metropolitan

18 Exposition, Auditorium and Office Building Authority; for

19 grounds, centers, buildings, and parking.

20 (70 ILCS 200/15-40); Civic Center Code; Benton Civic Center

21 Authority; for grounds, centers, buildings, and parking.

22 (70 ILCS 200/20-15); Civic Center Code; Bloomington Civic

23 Center Authority; for grounds, centers, buildings, and

24 parking.

25 (70 ILCS 200/35-35); Civic Center Code; Brownstown Park

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1 District Civic Center Authority; for grounds, centers,

2 buildings, and parking.

3 (70 ILCS 200/40-35); Civic Center Code; Carbondale Civic

4 Center Authority; for grounds, centers, buildings, and

5 parking.

6 (70 ILCS 200/55-60); Civic Center Code; Chicago South Civic

7 Center Authority; for grounds, centers, buildings, and

8 parking.

9 (70 ILCS 200/60-30); Civic Center Code; Collinsville

10 Metropolitan Exposition, Auditorium and Office Building

11 Authority; for grounds, centers, buildings, and parking.

12 (70 ILCS 200/70-35); Civic Center Code; Crystal Lake Civic

13 Center Authority; for grounds, centers, buildings, and

14 parking.

15 (70 ILCS 200/75-20); Civic Center Code; Decatur Metropolitan

16 Exposition, Auditorium and Office Building Authority; for

17 grounds, centers, buildings, and parking.

18 (70 ILCS 200/80-15); Civic Center Code; DuPage County

19 Metropolitan Exposition, Auditorium and Office Building

20 Authority; for grounds, centers, buildings, and parking.

21 (70 ILCS 200/85-35); Civic Center Code; Elgin Metropolitan

22 Exposition, Auditorium and Office Building Authority; for

23 grounds, centers, buildings, and parking.

24 (70 ILCS 200/95-25); Civic Center Code; Herrin Metropolitan

25 Exposition, Auditorium and Office Building Authority; for

26 grounds, centers, buildings, and parking.

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1 (70 ILCS 200/110-35); Civic Center Code; Illinois Valley Civic

2 Center Authority; for grounds, centers, buildings, and

3 parking.

4 (70 ILCS 200/115-35); Civic Center Code; Jasper County Civic

5 Center Authority; for grounds, centers, buildings, and

6 parking.

7 (70 ILCS 200/120-25); Civic Center Code; Jefferson County

8 Metropolitan Exposition, Auditorium and Office Building

9 Authority; for grounds, centers, buildings, and parking.

10 (70 ILCS 200/125-15); Civic Center Code; Jo Daviess County

11 Civic Center Authority; for grounds, centers, buildings,

12 and parking.

13 (70 ILCS 200/130-30); Civic Center Code; Katherine Dunham

14 Metropolitan Exposition, Auditorium and Office Building

15 Authority; for grounds, centers, buildings, and parking.

16 (70 ILCS 200/145-35); Civic Center Code; Marengo Civic Center

17 Authority; for grounds, centers, buildings, and parking.

18 (70 ILCS 200/150-35); Civic Center Code; Mason County Civic

19 Center Authority; for grounds, centers, buildings, and

20 parking.

21 (70 ILCS 200/155-15); Civic Center Code; Matteson Metropolitan

22 Civic Center Authority; for grounds, centers, buildings,

23 and parking.

24 (70 ILCS 200/160-35); Civic Center Code; Maywood Civic Center

25 Authority; for grounds, centers, buildings, and parking.

26 (70 ILCS 200/165-35); Civic Center Code; Melrose Park

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1 Metropolitan Exposition Auditorium and Office Building

2 Authority; for grounds, centers, buildings, and parking.

3 (70 ILCS 200/170-20); Civic Center Code; certain Metropolitan

4 Exposition, Auditorium and Office Building Authorities;

5 for general purposes.

6 (70 ILCS 200/180-35); Civic Center Code; Normal Civic Center

7 Authority; for grounds, centers, buildings, and parking.

8 (70 ILCS 200/185-15); Civic Center Code; Oak Park Civic Center

9 Authority; for grounds, centers, buildings, and parking.

10 (70 ILCS 200/195-35); Civic Center Code; Ottawa Civic Center

11 Authority; for grounds, centers, buildings, and parking.

12 (70 ILCS 200/200-15); Civic Center Code; Pekin Civic Center

13 Authority; for grounds, centers, buildings, and parking.

14 (70 ILCS 200/205-15); Civic Center Code; Peoria Civic Center

15 Authority; for grounds, centers, buildings, and parking.

16 (70 ILCS 200/210-35); Civic Center Code; Pontiac Civic Center

17 Authority; for grounds, centers, buildings, and parking.

18 (70 ILCS 200/215-15); Civic Center Code; Illinois Quad City

19 Civic Center Authority; for grounds, centers, buildings,

20 and parking.

21 (70 ILCS 200/220-30); Civic Center Code; Quincy Metropolitan

22 Exposition, Auditorium and Office Building Authority; for

23 grounds, centers, buildings, and parking.

24 (70 ILCS 200/225-35); Civic Center Code; Randolph County Civic

25 Center Authority; for grounds, centers, buildings, and

26 parking.

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1 (70 ILCS 200/230-35); Civic Center Code; River Forest

2 Metropolitan Exposition, Auditorium and Office Building

3 Authority; for grounds, centers, buildings, and parking.

4 (70 ILCS 200/235-40); Civic Center Code; Riverside Civic

5 Center Authority; for grounds, centers, buildings, and

6 parking.

7 (70 ILCS 200/245-35); Civic Center Code; Salem Civic Center

8 Authority; for grounds, centers, buildings, and parking.

9 (70 ILCS 200/255-20); Civic Center Code; Springfield

10 Metropolitan Exposition and Auditorium Authority; for

11 grounds, centers, and parking.

12 (70 ILCS 200/260-35); Civic Center Code; Sterling Metropolitan

13 Exposition, Auditorium and Office Building Authority; for

14 grounds, centers, buildings, and parking.

15 (70 ILCS 200/265-20); Civic Center Code; Vermilion County

16 Metropolitan Exposition, Auditorium and Office Building

17 Authority; for grounds, centers, buildings, and parking.

18 (70 ILCS 200/270-35); Civic Center Code; Waukegan Civic Center

19 Authority; for grounds, centers, buildings, and parking.

20 (70 ILCS 200/275-35); Civic Center Code; West Frankfort Civic

21 Center Authority; for grounds, centers, buildings, and

22 parking.

23 (70 ILCS 200/280-20); Civic Center Code; Will County

24 Metropolitan Exposition and Auditorium Authority; for

25 grounds, centers, and parking.

26 (70 ILCS 210/5); Metropolitan Pier and Exposition Authority

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1 Act; Metropolitan Pier and Exposition Authority; for

2 general purposes, including quick-take power.

3 (70 ILCS 405/22.04); Soil and Water Conservation Districts

4 Act; soil and water conservation districts; for general

5 purposes.

6 (70 ILCS 410/10 and 410/12); Conservation District Act;

7 conservation districts; for open space, wildland, scenic

8 roadway, pathway, outdoor recreation, or other

9 conservation benefits.

10 (70 ILCS 503/25); Chanute-Rantoul National Aviation Center

11 Redevelopment Commission Act; Chanute-Rantoul National

12 Aviation Center Redevelopment Commission; for general

13 purposes.

14 (70 ILCS 507/15); Fort Sheridan Redevelopment Commission Act;

15 Fort Sheridan Redevelopment Commission; for general

16 purposes or to carry out comprehensive or redevelopment

17 plans.

18 (70 ILCS 520/8); Southwestern Illinois Development Authority

19 Act; Southwestern Illinois Development Authority; for

20 general purposes, including quick-take power.

21 (70 ILCS 605/4-17 and 605/5-7); Illinois Drainage Code;

22 drainage districts; for general purposes.

23 (70 ILCS 615/5 and 615/6); Chicago Drainage District Act;

24 corporate authorities; for construction and maintenance of

25 works.

26 (70 ILCS 705/10); Fire Protection District Act; fire

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1 protection districts; for general purposes.

2 (70 ILCS 750/20); Flood Prevention District Act; flood

3 prevention districts; for general purposes.

4 (70 ILCS 805/6); Downstate Forest Preserve District Act;

5 certain forest preserve districts; for general purposes.

6 (70 ILCS 805/18.8); Downstate Forest Preserve District Act;

7 certain forest preserve districts; for recreational and

8 cultural facilities.

9 (70 ILCS 810/8); Cook County Forest Preserve District Act;

10 Forest Preserve District of Cook County; for general

11 purposes.

12 (70 ILCS 810/38); Cook County Forest Preserve District Act;

13 Forest Preserve District of Cook County; for recreational

14 facilities.

15 (70 ILCS 910/15 and 910/16); Hospital District Law; hospital

16 districts; for hospitals or hospital facilities.

17 (70 ILCS 915/3); Illinois Medical District Act; Illinois

18 Medical District Commission; for general purposes.

19 (70 ILCS 915/4.5); Illinois Medical District Act; Illinois

20 Medical District Commission; quick-take power for the

21 Illinois State Police Forensic Science Laboratory

22 (obsolete).

23 (70 ILCS 920/5); Tuberculosis Sanitarium District Act;

24 tuberculosis sanitarium districts; for tuberculosis

25 sanitariums.

26 (70 ILCS 925/20); Mid-Illinois Medical District Act;

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1 Mid-Illinois Medical District; for general purposes.

2 (70 ILCS 930/20); Mid-America Medical District Act;

3 Mid-America Medical District Commission; for general

4 purposes.

5 (70 ILCS 935/20); Roseland Community Medical District Act;

6 medical district; for general purposes.

7 (70 ILCS 1005/7); Mosquito Abatement District Act; mosquito

8 abatement districts; for general purposes.

9 (70 ILCS 1105/8); Museum District Act; museum districts; for

10 general purposes.

11 (70 ILCS 1205/7-1); Park District Code; park districts; for

12 streets and other purposes.

13 (70 ILCS 1205/8-1); Park District Code; park districts; for

14 parks.

15 (70 ILCS 1205/9-2 and 1205/9-4); Park District Code; park

16 districts; for airports and landing fields.

17 (70 ILCS 1205/11-2 and 1205/11-3); Park District Code; park

18 districts; for State land abutting public water and

19 certain access rights.

20 (70 ILCS 1205/11.1-3); Park District Code; park districts; for

21 harbors.

22 (70 ILCS 1225/2); Park Commissioners Land Condemnation Act;

23 park districts; for street widening.

24 (70 ILCS 1230/1 and 1230/1-a); Park Commissioners Water

25 Control Act; park districts; for parks, boulevards,

26 driveways, parkways, viaducts, bridges, or tunnels.

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1 (70 ILCS 1250/2); Park Commissioners Street Control (1889)

2 Act; park districts; for boulevards or driveways.

3 (70 ILCS 1290/1); Park District Aquarium and Museum Act;

4 municipalities or park districts; for aquariums or

5 museums.

6 (70 ILCS 1305/2); Park District Airport Zoning Act; park

7 districts; for restriction of the height of structures.

8 (70 ILCS 1310/5); Park District Elevated Highway Act; park

9 districts; for elevated highways.

10 (70 ILCS 1505/15); Chicago Park District Act; Chicago Park

11 District; for parks and other purposes.

12 (70 ILCS 1505/25.1); Chicago Park District Act; Chicago Park

13 District; for parking lots or garages.

14 (70 ILCS 1505/26.3); Chicago Park District Act; Chicago Park

15 District; for harbors.

16 (70 ILCS 1570/5); Lincoln Park Commissioners Land Condemnation

17 Act; Lincoln Park Commissioners; for land and interests in

18 land, including riparian rights.

19 (70 ILCS 1801/30); Alexander-Cairo Port District Act;

20 Alexander-Cairo Port District; for general purposes.

21 (70 ILCS 1805/8); Havana Regional Port District Act; Havana

22 Regional Port District; for general purposes.

23 (70 ILCS 1810/7); Illinois International Port District Act;

24 Illinois International Port District; for general

25 purposes.

26 (70 ILCS 1815/13); Illinois Valley Regional Port District Act;

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1 Illinois Valley Regional Port District; for general

2 purposes.

3 (70 ILCS 1820/4); Jackson-Union Counties Regional Port

4 District Act; Jackson-Union Counties Regional Port

5 District; for removal of airport hazards or reduction of

6 the height of objects or structures.

7 (70 ILCS 1820/5); Jackson-Union Counties Regional Port

8 District Act; Jackson-Union Counties Regional Port

9 District; for general purposes.

10 (70 ILCS 1825/4.9); Joliet Regional Port District Act; Joliet

11 Regional Port District; for removal of airport hazards.

12 (70 ILCS 1825/4.10); Joliet Regional Port District Act; Joliet

13 Regional Port District; for reduction of the height of

14 objects or structures.

15 (70 ILCS 1825/4.18); Joliet Regional Port District Act; Joliet

16 Regional Port District; for removal of hazards from ports

17 and terminals.

18 (70 ILCS 1825/5); Joliet Regional Port District Act; Joliet

19 Regional Port District; for general purposes.

20 (70 ILCS 1830/7.1); Kaskaskia Regional Port District Act;

21 Kaskaskia Regional Port District; for removal of hazards

22 from ports and terminals.

23 (70 ILCS 1830/14); Kaskaskia Regional Port District Act;

24 Kaskaskia Regional Port District; for general purposes.

25 (70 ILCS 1831/30); Massac-Metropolis Port District Act;

26 Massac-Metropolis Port District; for general purposes.

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1 (70 ILCS 1835/5.10); Mt. Carmel Regional Port District Act;

2 Mt. Carmel Regional Port District; for removal of airport

3 hazards.

4 (70 ILCS 1835/5.11); Mt. Carmel Regional Port District Act;

5 Mt. Carmel Regional Port District; for reduction of the

6 height of objects or structures.

7 (70 ILCS 1835/6); Mt. Carmel Regional Port District Act; Mt.

8 Carmel Regional Port District; for general purposes.

9 (70 ILCS 1837/30); Ottawa Port District Act; Ottawa Port

10 District; for general purposes.

11 (70 ILCS 1845/4.9); Seneca Regional Port District Act; Seneca

12 Regional Port District; for removal of airport hazards.

13 (70 ILCS 1845/4.10); Seneca Regional Port District Act; Seneca

14 Regional Port District; for reduction of the height of

15 objects or structures.

16 (70 ILCS 1845/5); Seneca Regional Port District Act; Seneca

17 Regional Port District; for general purposes.

18 (70 ILCS 1850/4); Shawneetown Regional Port District Act;

19 Shawneetown Regional Port District; for removal of airport

20 hazards or reduction of the height of objects or

21 structures.

22 (70 ILCS 1850/5); Shawneetown Regional Port District Act;

23 Shawneetown Regional Port District; for general purposes.

24 (70 ILCS 1855/4); Southwest Regional Port District Act;

25 Southwest Regional Port District; for removal of airport

26 hazards or reduction of the height of objects or

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LRB104 09876 RTM 26895 a

1 structures.

2 (70 ILCS 1855/5); Southwest Regional Port District Act;

3 Southwest Regional Port District; for general purposes.

4 (70 ILCS 1860/4); Tri-City Regional Port District Act;

5 Tri-City Regional Port District; for removal of airport

6 hazards.

7 (70 ILCS 1860/5); Tri-City Regional Port District Act;

8 Tri-City Regional Port District; for the development of

9 facilities.

10 (70 ILCS 1863/11); Upper Mississippi River International Port

11 District Act; Upper Mississippi River International Port

12 District; for general purposes.

13 (70 ILCS 1865/4.9); Waukegan Port District Act; Waukegan Port

14 District; for removal of airport hazards.

15 (70 ILCS 1865/4.10); Waukegan Port District Act; Waukegan Port

16 District; for restricting the height of objects or

17 structures.

18 (70 ILCS 1865/5); Waukegan Port District Act; Waukegan Port

19 District; for the development of facilities.

20 (70 ILCS 1870/8); White County Port District Act; White County

21 Port District; for the development of facilities.

22 (70 ILCS 1905/16); Railroad Terminal Authority Act; Railroad

23 Terminal Authority (Chicago); for general purposes.

24 (70 ILCS 1915/25); Grand Avenue Railroad Relocation Authority

25 Act; Grand Avenue Railroad Relocation Authority; for

26 general purposes, including quick-take power (now

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LRB104 09876 RTM 26895 a

1 obsolete).

2 (70 ILCS 1935/25); Elmwood Park Grade Separation Authority

3 Act; Elmwood Park Grade Separation Authority; for general

4 purposes.

5 (70 ILCS 2105/9b); River Conservancy Districts Act; river

6 conservancy districts; for general purposes.

7 (70 ILCS 2105/10a); River Conservancy Districts Act; river

8 conservancy districts; for corporate purposes.

9 (70 ILCS 2205/15); Sanitary District Act of 1907; sanitary

10 districts; for corporate purposes.

11 (70 ILCS 2205/18); Sanitary District Act of 1907; sanitary

12 districts; for improvements and works.

13 (70 ILCS 2205/19); Sanitary District Act of 1907; sanitary

14 districts; for access to property.

15 (70 ILCS 2305/8); North Shore Water Reclamation District Act;

16 North Shore Water Reclamation District; for corporate

17 purposes.

18 (70 ILCS 2305/15); North Shore Water Reclamation District Act;

19 North Shore Water Reclamation District; for improvements.

20 (70 ILCS 2405/7.9); Sanitary District Act of 1917; Sanitary

21 District of Decatur; for carrying out agreements to sell,

22 convey, or disburse treated wastewater to a private

23 entity.

24 (70 ILCS 2405/8); Sanitary District Act of 1917; sanitary

25 districts; for corporate purposes.

26 (70 ILCS 2405/15); Sanitary District Act of 1917; sanitary

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1 districts; for improvements.

2 (70 ILCS 2405/16.9 and 2405/16.10); Sanitary District Act of

3 1917; sanitary districts; for waterworks.

4 (70 ILCS 2405/17.2); Sanitary District Act of 1917; sanitary

5 districts; for public sewer and water utility treatment

6 works.

7 (70 ILCS 2405/18); Sanitary District Act of 1917; sanitary

8 districts; for dams or other structures to regulate water

9 flow.

10 (70 ILCS 2605/8); Metropolitan Water Reclamation District Act;

11 Metropolitan Water Reclamation District; for corporate

12 purposes.

13 (70 ILCS 2605/16); Metropolitan Water Reclamation District

14 Act; Metropolitan Water Reclamation District; quick-take

15 power for improvements.

16 (70 ILCS 2605/17); Metropolitan Water Reclamation District

17 Act; Metropolitan Water Reclamation District; for bridges.

18 (70 ILCS 2605/35); Metropolitan Water Reclamation District

19 Act; Metropolitan Water Reclamation District; for widening

20 and deepening a navigable stream.

21 (70 ILCS 2805/10); Sanitary District Act of 1936; sanitary

22 districts; for corporate purposes.

23 (70 ILCS 2805/24); Sanitary District Act of 1936; sanitary

24 districts; for improvements.

25 (70 ILCS 2805/26i and 2805/26j); Sanitary District Act of

26 1936; sanitary districts; for drainage systems.

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LRB104 09876 RTM 26895 a

1 (70 ILCS 2805/27); Sanitary District Act of 1936; sanitary

2 districts; for dams or other structures to regulate water

3 flow.

4 (70 ILCS 2805/32k); Sanitary District Act of 1936; sanitary

5 districts; for water supply.

6 (70 ILCS 2805/32l); Sanitary District Act of 1936; sanitary

7 districts; for waterworks.

8 (70 ILCS 2905/2-7); Metro-East Sanitary District Act of 1974;

9 Metro-East Sanitary District; for corporate purposes.

10 (70 ILCS 2905/2-8); Metro-East Sanitary District Act of 1974;

11 Metro-East Sanitary District; for access to property.

12 (70 ILCS 3010/10); Sanitary District Revenue Bond Act;

13 sanitary districts; for sewerage systems.

14 (70 ILCS 3205/12); Illinois Sports Facilities Authority Act;

15 Illinois Sports Facilities Authority; quick-take power for

16 its corporate purposes (obsolete).

17 (70 ILCS 3405/16); Surface Water Protection District Act;

18 surface water protection districts; for corporate

19 purposes.

20 (70 ILCS 3605/7); Metropolitan Transit Authority Act; Chicago

21 Transit Authority; for transportation systems.

22 (70 ILCS 3605/8); Metropolitan Transit Authority Act; Chicago

23 Transit Authority; for general purposes.

24 (70 ILCS 3605/10); Metropolitan Transit Authority Act; Chicago

25 Transit Authority; for general purposes, including

26 railroad property.

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LRB104 09876 RTM 26895 a

1 (70 ILCS 3610/3 and 3610/5); Local Mass Transit District Act;

2 local mass transit districts; for general purposes.

3 (70 ILCS 3615/2.13); Northern Illinois Transit ~~Regional~~

4 ~~Transportation~~ Authority Act; Northern Illinois Transit

5 ~~Regional Transportation~~ Authority; for general purposes.

6 (70 ILCS 3705/8 and 3705/12); Public Water District Act;

7 public water districts; for waterworks.

8 (70 ILCS 3705/23a); Public Water District Act; public water

9 districts; for sewerage properties.

10 (70 ILCS 3705/23e); Public Water District Act; public water

11 districts; for combined waterworks and sewerage systems.

12 (70 ILCS 3715/6); Water Authorities Act; water authorities;

13 for facilities to ensure adequate water supply.

14 (70 ILCS 3715/27); Water Authorities Act; water authorities;

15 for access to property.

16 (75 ILCS 5/4-7); Illinois Local Library Act; boards of library

17 trustees; for library buildings.

18 (75 ILCS 16/30-55.80); Public Library District Act of 1991;

19 public library districts; for general purposes.

20 (75 ILCS 65/1 and 65/3); Libraries in Parks Act; corporate

21 authorities of city or park district, or board of park

22 commissioners; for free public library buildings.

23 (Source: Incorporates 98-564, eff. 8-27-13; P.A. 98-756, eff.

24 7-16-14; 99-669, eff. 7-29-16.)

25 Section 15-215. The Transportation Benefits Program Act is

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LRB104 09876 RTM 26895 a

1 amended by changing Sections 5, 10, and 15 as follows:

2 (820 ILCS 63/5)

3 Sec. 5. Definitions. As used in this Act:

4 "Covered employee" means any person who performs an

5 average of at least 35 hours of work per week for compensation

6 on a full-time basis.

7 "Covered employer" means any individual, partnership,

8 association, corporation, limited liability company,

9 government, non-profit organization, or business trust that

10 directly or indirectly, or through an agent or any other

11 person, employs or exercises control over wages, hours, or

12 working conditions of an employee, and that:

13 (1) is located in: Cook County; Warren Township in

14 Lake County; Grant Township in Lake County; Frankfort

15 Township in Will County; Wheatland Township in Will

16 County; Addison Township; Bloomingdale Township; York

17 Township; Milton Township; Winfield Township; Downers

18 Grove Township; Lisle Township; Naperville Township;

19 Dundee Township; Elgin Township; St. Charles Township;

20 Geneva Township; Batavia Township; Aurora Township; Zion

21 Township; Benton Township; Waukegan Township; Avon

22 Township; Libertyville Township; Shields Township; Vernon

23 Township; West Deerfield Township; Deerfield Township;

24 McHenry Township; Nunda Township; Algonquin Township;

25 DuPage Township; Homer Township; Lockport Township;

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LRB104 09876 RTM 26895 a

1 Plainfield Township; New Lenox Township; Joliet Township;

2 or Troy Township; and

3 (2) employs 50 or more covered employees in a

4 geographic area specified in paragraph (1) at an address

5 that is located within one mile of fixed-route transit

6 service.

7 "Public transit" means any transportation system within

8 the authority and jurisdiction of the Northern Illinois

9 Transit ~~Regional Transportation~~ Authority.

10 "Transit pass" means any pass, token, fare card, voucher,

11 or similar item entitling a person to transportation on public

12 transit.

13 (Source: P.A. 103-291, eff. 1-1-24.)

14 (820 ILCS 63/10)

15 Sec. 10. Transportation benefits program. All covered

16 employers shall provide a pre-tax commuter benefit to covered

17 employees. The pre-tax commuter benefit shall allow employees

18 to use pre-tax dollars for the purchase of a transit pass, via

19 payroll deduction, such that the costs for such purchases may

20 be excluded from the employee's taxable wages and compensation

21 up to the maximum amount permitted by federal tax law,

22 consistent with 26 U.S.C. 132(f) and the rules and regulations

23 promulgated thereunder. A covered employer may comply with

24 this Section by participating in a program offered by the

25 Chicago Transit Authority or the Northern Illinois Transit

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1 ~~Regional Transportation~~ Authority.

2 This benefit must be offered to all employees starting on

3 the employees' first full pay period after 120 days of

4 employment. All transit agencies shall market the existence of

5 this program and this Act to their riders in order to inform

6 affected employees and their employers.

7 (Source: P.A. 103-291, eff. 1-1-24.)

8 (820 ILCS 63/15)

9 Sec. 15. Regional Transit Authority map. The Northern

10 Illinois Transit ~~Regional Transportation~~ Authority shall make

11 publicly available a searchable map of addresses that are

12 located within one mile of fixed-route transit service.

13 (Source: P.A. 103-291, eff. 1-1-24.)

14 Article 99.

15 Section 99-99. Effective date. This Act takes effect upon

16 becoming law.".