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| 1 | | Section 2-10. Establishment of the Committee. |
| 2 | | (a) The Department shall establish an Interagency |
| 3 | | Coordinating Committee on Transit Innovation, Integration, and |
| 4 | | Reform. |
| 5 | | (b) The Committee shall advise the Department on |
| 6 | | strategies and initiatives that improve access to transit and |
| 7 | | better integrate transit with intercity rail and intercity bus |
| 8 | | networks in Illinois outside of the Northeast Illinois region. |
| 9 | | (c) The Committee shall focus on data-driven and |
| 10 | | evidence-based strategies to improve transit outside of the |
| 11 | | Northeast Illinois region, including, but not limited to, |
| 12 | | strategies that improve safety, data collection and use, |
| 13 | | technology deployment, the use of innovative project delivery, |
| 14 | | governance of transit in Illinois, funding programs, and |
| 15 | | interagency collaboration. |
| 16 | | (d) The Committee shall focus on improving the |
| 17 | | attractiveness of downstate transit providers for State and |
| 18 | | federal funding opportunities and grants. |
| 19 | | (e) The Committee shall focus on strategies to better |
| 20 | | connect intercity rail and bus networks to transit systems and |
| 21 | | hubs that are located outside of the Northeast Illinois |
| 22 | | region. |
| 23 | | (f) The Committee shall interface with the Blue-Ribbon |
| 24 | | Commission on Transportation Infrastructure Funding and Policy |
| 25 | | as needed. |
| 26 | | (g) The Committee shall be consulted for feedback and |
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| 1 | | recommendations to be included in the Department's Public |
| 2 | | Transportation Plan. |
| 3 | | (h) The Department shall provide administrative support to |
| 4 | | the Committee.
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| 5 | | Section 2-15. Committee membership. The Committee shall |
| 6 | | include the following members, appointed by the Secretary: |
| 7 | | (1) one member representing rural public transit |
| 8 | | providers operating outside of the Northern Illinois |
| 9 | | Transit Authority service area; |
| 10 | | (2) one member representing small urban public transit |
| 11 | | providers operating outside of the Northern Illinois |
| 12 | | Transit Authority service area; |
| 13 | | (3) two members representing regional public transit |
| 14 | | providers operating outside of the Northern Illinois |
| 15 | | Transit Authority service area; |
| 16 | | (4) one member representing intercity rail providers; |
| 17 | | (5) one member representing intercity bus providers; |
| 18 | | (6) one member representing statewide or regional |
| 19 | | business organizations with interests in transportation, |
| 20 | | workforce development, or economic growth; |
| 21 | | (7) one member representing an Illinois university |
| 22 | | that generates significant ridership for the transit |
| 23 | | system or intercity bus and rail systems near the |
| 24 | | university's facilities; |
| 25 | | (8) one member representing individuals with |
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| 1 | | disabilities; |
| 2 | | (9) one member representing a labor organization that |
| 3 | | represents workers employed by downstate transit systems, |
| 4 | | intercity bus providers, or intercity rail providers; |
| 5 | | (10) one member representing large urban transit |
| 6 | | agencies; |
| 7 | | (11) one or more members representing the Department |
| 8 | | that are involved in transit grant administration, project |
| 9 | | implementation, or procurement; |
| 10 | | (12) additional representatives as determined |
| 11 | | necessary by the Secretary to ensure subject-matter |
| 12 | | expertise, community representation, and geographic |
| 13 | | diversity; and |
| 14 | | (13) one member who shall serve as chair of the |
| 15 | | Committee. |
| 16 | | The members shall serve without compensation but may be |
| 17 | | reimbursed for necessary expenses associated with service on |
| 18 | | the Committee.
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| 19 | | Section 2-20. Committee duties. |
| 20 | | (a) The Committee shall: |
| 21 | | (1) develop strategies and recommendations to improve |
| 22 | | the connectivity of existing and future intercity rail and |
| 23 | | intercity bus services to transit hubs and systems located |
| 24 | | outside of the Northeastern Illinois region; |
| 25 | | (2) develop strategies for improving the collection, |
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| 1 | | aggregation, and use of transit data, including budgeting |
| 2 | | models, ridership forecasting, equity analysis, and |
| 3 | | performance metrics; |
| 4 | | (3) promote the adoption and joint procurement of |
| 5 | | advanced technologies, such as demand-responsive transit |
| 6 | | platforms, real-time data systems, mobile fare collection, |
| 7 | | fleet management tools, and other technologies the |
| 8 | | Committee may find to improve transit service and |
| 9 | | operations; |
| 10 | | (4) develop goals and objectives to reduce duplication |
| 11 | | of services and achieve public transportation, intercity |
| 12 | | bus and intercity passenger rail coverage that is as |
| 13 | | complete as possible; |
| 14 | | (5) develop objectives for providing essential |
| 15 | | transportation services to the transportation |
| 16 | | disadvantaged and for providing technical assistance to |
| 17 | | communities that are addressing transportation gaps that |
| 18 | | affect low-income populations; |
| 19 | | (6) develop recommendations for public transit |
| 20 | | providers operating outside of the Northern Illinois |
| 21 | | Transit Authority service area to use innovative |
| 22 | | strategies, including federal fund braiding, to meet local |
| 23 | | match requirements for State or federal grants to fund |
| 24 | | transportation projects; |
| 25 | | (7) review and make recommendations on increasing |
| 26 | | efficiency in procurement; |
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| 1 | | (8) recommend and support shared services or |
| 2 | | regionalized administrative functions to reduce costs and |
| 3 | | improve operational efficiency; |
| 4 | | (9) explore and advise on the use of innovative |
| 5 | | project delivery models, including design-build, |
| 6 | | progressive design-build, construction manager general |
| 7 | | contractor, and public-private partnerships; |
| 8 | | (10) consider changes to existing and future funding |
| 9 | | programs; and |
| 10 | | (11) submit recommendations for inclusion in the |
| 11 | | Department's final Public Transportation Plan. |
| 12 | | (b) The Committee shall produce a report with its |
| 13 | | recommendations no later than 2 years after the effective date |
| 14 | | of this Act. |
| 15 | | (c) the Department may procure consulting assistance |
| 16 | | necessary to support to work of the Committee.
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| 17 | | Section 2-25. Repeal. This Act is repealed on January 1, |
| 18 | | 2035.
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| 19 | | Article 3
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| 20 | | Section 3-1. Short title. This Act may be cited as the |
| 21 | | Extremely High Wealth Mark-to-Market Tax Act. References in |
| 22 | | this Article to "this Act" mean this Article.
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| 1 | | Section 3-3. Definitions. As used in this Act: |
| 2 | | "Basis" means the fair market value of an asset on |
| 3 | | December 31 of the taxable year immediately preceding the |
| 4 | | taxable year in which the gain or loss is calculated under this |
| 5 | | Act. If the asset is acquired by the taxpayer during the |
| 6 | | taxable year, then the basis shall be the taxpayer's basis in |
| 7 | | the asset for the purpose of calculating capital gains under |
| 8 | | the federal Internal Revenue Code. |
| 9 | | "Net income" has the meaning given to that term in Section |
| 10 | | 202 of the Illinois Income Tax Act. |
| 11 | | "Phase-in cap amount" means an amount equal to one-fourth |
| 12 | | of the worth of a taxpayer's net assets in excess of |
| 13 | | $1,000,000,000 on December 31 of the taxable year for which |
| 14 | | gains or losses are calculated under this Act. |
| 15 | | "Resident taxpayer" means an individual, other than a |
| 16 | | nonresident of the State or a part-year resident of the State, |
| 17 | | who is subject to the tax imposed under subsections (a) and (b) |
| 18 | | of Section 201 of the Illinois Income Tax Act for the taxable |
| 19 | | year. |
| 20 | | "Taxable year" or "tax year" has the meaning ascribed to |
| 21 | | the term "taxable year" in Section 1501 of the Illinois Income |
| 22 | | Tax Act.
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| 23 | | Section 3-5. Tax imposed; tax years ending on or after |
| 24 | | December 31, 2026 and ending prior to December 31, 2027. |
| 25 | | (a) Notwithstanding any other provision of law, for tax |
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| 1 | | years ending on or after December 31, 2026 and ending prior to |
| 2 | | December 31, 2027, a resident taxpayer with net assets worth |
| 3 | | $1,000,000,000 or more on December 31, 2026 shall recognize |
| 4 | | gains or losses as if each asset owned by that taxpayer had |
| 5 | | been sold for its fair market value on December 31, 2026. An |
| 6 | | amount equal to the lesser of (i) the difference between the |
| 7 | | total fair market value, on December 31, 2026, of all assets |
| 8 | | held by the taxpayer on that date and the combined basis of all |
| 9 | | assets held by the taxpayer on that date or (ii) the phase-in |
| 10 | | cap amount shall be included in the taxpayer's net income for |
| 11 | | that tax year for the purpose of calculating the tax due under |
| 12 | | the Illinois Income Tax Act. Proper adjustment shall be made |
| 13 | | in the amount of any gain or loss subsequently realized for |
| 14 | | gains or losses taken into account under this subsection. At |
| 15 | | the taxpayer's option, the tax payable as a result of this |
| 16 | | Section shall either be payable in one installment or else |
| 17 | | shall be payable annually in 10 equal installments beginning |
| 18 | | in the year of the effective date of this Act and with all such |
| 19 | | installment payments commencing after the initial installment |
| 20 | | payment also being subject to an annual nondeductible deferral |
| 21 | | charge of 7.5% annually. |
| 22 | | (b) For resident taxpayers who would recognize net gains |
| 23 | | as a result of this Section except for the operation of this |
| 24 | | sentence, if the taxpayer can show that any portion of those |
| 25 | | gains was accumulated prior to the taxpayer becoming a |
| 26 | | resident taxpayer of Illinois, and if the taxpayer can also |
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| 1 | | show that a portion of those gains was previously taxed by any |
| 2 | | state or jurisdiction in which the taxpayer was a resident |
| 3 | | prior to becoming a resident of Illinois, then credit shall be |
| 4 | | provided in the amount of the tax on those gains that was paid |
| 5 | | to any such prior state or jurisdiction. Any credits so |
| 6 | | provided by this subsection, however, shall not exceed the |
| 7 | | lesser of the total tax owed under this Section on such gains |
| 8 | | and the tax imposed on such gains by such other prior states or |
| 9 | | jurisdictions in which the taxpayer was a resident prior to |
| 10 | | becoming a resident individual of Illinois.
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| 11 | | Section 3-10. Tax imposed; tax years ending on or after |
| 12 | | December 31, 2027. |
| 13 | | (a) For taxable years ending on or after December 31, |
| 14 | | 2027, a resident taxpayer with net assets worth $1,000,000,000 |
| 15 | | or more on December 31 of the tax year shall recognize gains or |
| 16 | | losses as if each asset owned by that taxpayer on December 31 |
| 17 | | of the tax year had been sold for its fair market value on |
| 18 | | December 31 of the tax year but with adjustment made for taxes |
| 19 | | paid on gains in previous years. Any resulting net gains from |
| 20 | | these deemed sales, up to the phase-in cap amount, shall be |
| 21 | | included in the taxpayer's income for such taxable year. |
| 22 | | Proper adjustment shall be made in the amount of any gain or |
| 23 | | loss subsequently realized for gain or loss taken into account |
| 24 | | under the preceding sentence. To the extent that the losses of |
| 25 | | a taxpayer exceed the taxpayer's gains, such net losses shall |
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| 1 | | not be recognized in such taxable year and shall instead carry |
| 2 | | forward indefinitely. |
| 3 | | (b) For resident taxpayers who would recognize net gains |
| 4 | | as a result of this Section except for the operation of this |
| 5 | | sentence, if the taxpayer can show that any portion of those |
| 6 | | gains was accumulated prior to the taxpayer becoming a |
| 7 | | resident taxpayer of Illinois, and if the taxpayer can also |
| 8 | | show that a portion of those gains was previously taxed by any |
| 9 | | state or jurisdiction in which the taxpayer was a resident |
| 10 | | prior to becoming a resident of Illinois, then credit shall be |
| 11 | | provided in the amount of the tax on those gains that was paid |
| 12 | | to any such prior state or jurisdiction. Any credits so |
| 13 | | provided by this subsection, however, shall not exceed the |
| 14 | | lesser of the total tax owed under this Section on such gains |
| 15 | | and the tax imposed on such gains by such other prior states or |
| 16 | | jurisdictions in which the taxpayer was a resident prior to |
| 17 | | becoming a resident individual of Illinois.
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| 18 | | Section 3-20. Net worth calculation. |
| 19 | | (a) As used in this Act, the term "asset" means all real or |
| 20 | | personal property, whether tangible or intangible and wherever |
| 21 | | situated, that is: (1) owned by the taxpayer; (2) owned by the |
| 22 | | taxpayer's spouse, minor children, or any trust or estate of |
| 23 | | which the taxpayer is a beneficiary; (3) contributed by the |
| 24 | | taxpayer, or the taxpayer's spouse, minor children, or any |
| 25 | | trust or estate of which the taxpayer is a beneficiary, to any |
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| 1 | | private foundation, donor advised fund, and any other entity |
| 2 | | described in Section 501(c) or Section 527 of the Internal |
| 3 | | Revenue Code of which the taxpayer, or the taxpayer's spouse, |
| 4 | | minor children, or any trust or estate of which the taxpayer is |
| 5 | | a beneficiary, is a substantial contributor (as such term is |
| 6 | | defined in Section 4958(c)(3)(B)(i) of the Internal Revenue |
| 7 | | Code); and (4) without duplication, all gifts and donations |
| 8 | | made within the past 5 years by the taxpayer, or the taxpayer's |
| 9 | | spouse, minor children, or any trust or estate of which the |
| 10 | | taxpayer is a beneficiary, as if such gifts and donations were |
| 11 | | still owned by the taxpayer. As used in this Section, "net |
| 12 | | assets" means the fair market value of the taxpayer's assets |
| 13 | | less the fair market value of the taxpayer's liabilities and, |
| 14 | | in appropriate cases as determined by the Department of |
| 15 | | Revenue, liabilities of such other persons described in this |
| 16 | | Section. |
| 17 | | (b) The term "assets" includes the real or personal |
| 18 | | property described in subsection (a), but only to the extent |
| 19 | | allowable under the Illinois Constitution, the United States |
| 20 | | Constitution, and any other governing federal law.
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| 21 | | Section 3-25. Fair market value. |
| 22 | | (a) The fair market value of each asset owned by the |
| 23 | | taxpayer shall be the price at which the asset would change |
| 24 | | hands between a willing buyer and a willing seller, neither |
| 25 | | being under any compulsion to buy or to sell and both having |
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| 1 | | reasonable knowledge of relevant facts. The value of a |
| 2 | | particular asset shall not be the price that a forced sale of |
| 3 | | the property would produce. Further, the fair market value of |
| 4 | | an asset shall not be its sale price in a market other than a |
| 5 | | market in which the item is most commonly sold to the public, |
| 6 | | taking into account the location of the item wherever |
| 7 | | appropriate. In the case of an asset that is generally |
| 8 | | obtained by the public in the retail market, the fair market |
| 9 | | value of such an asset shall be the price at which the item or |
| 10 | | a comparable item would be sold at retail. |
| 11 | | (b) For purposes of this Section, any feature of an asset, |
| 12 | | such as a poison pill, that was added with the intent, and has |
| 13 | | the effect, of reducing the value of the asset shall be |
| 14 | | disregarded, and no valuation or other discount shall be taken |
| 15 | | into account if it would have the effect of reducing the value |
| 16 | | of a pro rata economic interest in an asset below the pro rata |
| 17 | | portion of the value of the entire asset.
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| 18 | | Section 3-30. Administration. |
| 19 | | (a) The Department of Revenue shall amend or create tax |
| 20 | | forms as necessary for the reporting of gains by assets. |
| 21 | | Assets shall be listed with (i) a description of the asset, |
| 22 | | (ii) the asset category, (iii) the year the asset was |
| 23 | | acquired, (iv) the adjusted Illinois basis of the asset as of |
| 24 | | December 31 of the tax year, (v) the fair market value of the |
| 25 | | asset as of December 31 of the tax year, and (vi) the amount of |
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| 1 | | gain that would be taxable under this Act, unless the |
| 2 | | Department determines that one or more categories is not |
| 3 | | appropriate for a particular type of asset. |
| 4 | | (b) Asset categories separately listed shall include, but |
| 5 | | shall not be limited to, the following: |
| 6 | | (1) stock held in any publicly traded corporation; |
| 7 | | (2) stock held in any private C corporation; |
| 8 | | (3) stock held in any S corporation; |
| 9 | | (4) interests in any private equity or hedge fund |
| 10 | | organized as a partnership; |
| 11 | | (5) interests in any other partnerships; |
| 12 | | (6) interests in any other noncorporate businesses; |
| 13 | | (7) bonds and interest bearing savings accounts, cash |
| 14 | | and deposits; |
| 15 | | (8) interests in mutual funds or index funds; |
| 16 | | (9) put and call options; |
| 17 | | (10) futures contracts; |
| 18 | | (11) financial assets held offshore reported on IRS |
| 19 | | tax form 8938; |
| 20 | | (12) real property; |
| 21 | | (13) art and collectibles; |
| 22 | | (14) pension funds; |
| 23 | | (15) other assets; |
| 24 | | (16) debts and liabilities; and |
| 25 | | (17) assets not owned by the taxpayer but which count |
| 26 | | toward the $1,000,000,000 threshold pursuant to Section |
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| 1 | | 3-20. |
| 2 | | (c) The Department shall specifically request the filing |
| 3 | | of such forms by any resident individual expected to have net |
| 4 | | assets in excess of $1,000,000,000. Such taxpayers shall |
| 5 | | include, but not be limited to, taxpayers with an adjusted |
| 6 | | gross income summed over the previous 10 years in excess of |
| 7 | | $600,000,000.
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| 8 | | Section 3-35. Mark-to-market in other states. If a |
| 9 | | resident taxpayer becomes an Illinois resident subsequent to |
| 10 | | paying tax to another state as a result of recognizing gain or |
| 11 | | loss pursuant to any mark-to-market or deemed-realization |
| 12 | | regime of that other state, proper adjustment shall be made in |
| 13 | | the amount of any gain or loss subsequently realized for gain |
| 14 | | or loss taken into account under such mark-to-market or |
| 15 | | deemed-realization regime of that other state for purposes of |
| 16 | | computing gain or loss under Sections 3-5 or 3-10 of this Act.
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| 17 | | Section 3-40. Collection. The Department of Revenue shall |
| 18 | | collect the taxes imposed under this Act. Money collected |
| 19 | | under this Act from a resident taxpayer residing within the |
| 20 | | service area of the Northern Illinois Transit Authority, after |
| 21 | | deducting amounts necessary for administration and enforcement |
| 22 | | by the Department, shall be paid into the Northern Illinois |
| 23 | | Transit Authority Occupation and Use Tax Replacement Fund. |
| 24 | | Money collected under this Act from a resident taxpayer |
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| 1 | | residing outside the service area of the Northern Illinois |
| 2 | | Transit Authority, after deducting amounts necessary for |
| 3 | | administration and enforcement by the Department, shall be |
| 4 | | paid into the Downstate Public Transportation Fund in the |
| 5 | | State treasury.
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| 6 | | Section 3-45. Rules. The Department of Revenue shall adopt |
| 7 | | rules necessary or appropriate to carry out the purposes of |
| 8 | | this Act, including rules to prevent the use of year-end |
| 9 | | transfers, related parties, or other arrangements to avoid its |
| 10 | | provisions.
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| 11 | | Article 4
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| 12 | | Section 4-1. Short title. This Act may be cited as the |
| 13 | | Amusement Tax Act. References in this Article to "this Act" |
| 14 | | mean this Article.
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| 15 | | Section 4-5. Definitions. As used in this Act: |
| 16 | | "Amusement" means: |
| 17 | | (1) any exhibition, performance, presentation, or show |
| 18 | | for entertainment purposes, including, but not limited to, |
| 19 | | any theatrical, dramatic, musical, or spectacular |
| 20 | | performance, promotional show, motion picture show, flower |
| 21 | | show, athletic contest, sport, game, or similar |
| 22 | | exhibition, such as boxing, wrestling, skating, dancing, |
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| 1 | | swimming, racing, or exhibitions involving persons riding |
| 2 | | on animals or vehicles, baseball, basketball, softball, |
| 3 | | football, tennis, golf, hockey, track and field games, |
| 4 | | bowling, or billiard or pool games; |
| 5 | | (2) any paid television programming, whether |
| 6 | | transmitted by wire, cable, fiber optics, laser, |
| 7 | | microwave, radio, satellite, or similar means. |
| 8 | | "Amusement" does not include lawful gambling at a casino, |
| 9 | | as that term is defined in the Illinois Gambling Act. |
| 10 | | "Automatic amusement device" means any machine that, upon |
| 11 | | the insertion of a coin, slug, token, card, or similar object, |
| 12 | | or upon any other payment method, may be operated by the public |
| 13 | | generally for use as a game, entertainment, or amusement, |
| 14 | | whether or not the device registers a score, including, but |
| 15 | | not limited to, jukeboxes, marble machines, pinball machines, |
| 16 | | movie and video booths or stands, and all games, operations, |
| 17 | | or any similar transactions under any name by which they may be |
| 18 | | indicated. If a machine consists of more than one game monitor |
| 19 | | that permits individuals to play separate games |
| 20 | | simultaneously, each separate game monitor shall be deemed an |
| 21 | | automatic amusement device. |
| 22 | | "Charges paid" means the gross amount of consideration |
| 23 | | paid for the privilege to enter, witness, view, or participate |
| 24 | | in an amusement, valued in money, whether received in money or |
| 25 | | otherwise, including cash, credits, property, and services, |
| 26 | | determined without any deduction for costs or expenses. The |
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| 1 | | term "charges paid" includes any charges that the patron pays |
| 2 | | incidental to obtaining the privilege to enter, witness, view, |
| 3 | | or participate in an amusement, including, but not limited to, |
| 4 | | any related markups, service fees, convenience fees, |
| 5 | | facilitation fees, cancellation fees, and other charges, |
| 6 | | regardless of terminology. "Charges paid" does not include |
| 7 | | charges that are added on account of the tax imposed by this |
| 8 | | Act or on account of any other tax imposed on the charge. |
| 9 | | "Department" means the Department of Revenue. |
| 10 | | "License" means a ticket or other license granted for the |
| 11 | | privilege of entering, witnessing, viewing, or participating |
| 12 | | in an amusement, or the opportunity to obtain the privilege to |
| 13 | | enter, witness, view, or participate in an amusement, and |
| 14 | | includes, but is not limited to, a permanent seat license. |
| 15 | | "Live theatrical, live musical, or other live cultural |
| 16 | | performance" means a live performance in any discipline that |
| 17 | | is commonly regarded as part of the fine arts, including, but |
| 18 | | not limited to, live theater, music, opera, drama, comedy, |
| 19 | | ballet, modern or traditional dance, and book or poetry |
| 20 | | readings. The term does not include athletic events, races, or |
| 21 | | performances conducted at adult entertainment cabarets. |
| 22 | | "Operator" means any person who sells or resells a ticket |
| 23 | | or other license to an amusement for consideration or who, |
| 24 | | directly through an agreement or arrangement with another |
| 25 | | party, collects the charges paid for the sale or resale of a |
| 26 | | ticket or other license to an amusement. "Operator" includes, |
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| 1 | | but is not limited to, persons engaged in the business of |
| 2 | | selling or reselling tickets or other licenses to amusements, |
| 3 | | whether online, in person, or otherwise. "Operator" also |
| 4 | | includes persons who are engaged in the business of |
| 5 | | facilitating the sale or resale of tickets or other licenses |
| 6 | | to amusements, whether online, in person, or otherwise. |
| 7 | | "Operator" does not include banks, credit card companies, |
| 8 | | payment processors, or other persons whose involvement is |
| 9 | | limited to performing functions similar to those performed by |
| 10 | | such entities. |
| 11 | | "Owner" means: |
| 12 | | (1) a person who has an ownership or leasehold |
| 13 | | interest in a building, structure, vehicle, boat, area, or |
| 14 | | other place and who (i) presents, conducts, or operates an |
| 15 | | amusement in that place or (ii) allows, by agreement or |
| 16 | | otherwise, another person to present, conduct, or operate |
| 17 | | an amusement in that place; or |
| 18 | | (2) a person who has an ownership or leasehold |
| 19 | | interest in an amusement or a proprietary interest in an |
| 20 | | amusement that entitles the person to all or a portion of |
| 21 | | the proceeds, after payment of reasonable expenses, from |
| 22 | | the operation, conduct, or presentation of the amusement, |
| 23 | | excluding proceeds from nonamusement services and sales of |
| 24 | | tangible personal property; and |
| 25 | | (3) a person who operates a community antenna |
| 26 | | television system or wireless cable television system, or |
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| 1 | | any person receiving consideration from a patron for |
| 2 | | furnishing, transmitting, or otherwise providing access to |
| 3 | | paid television programming. |
| 4 | | "Paid television" means programming that can be viewed on |
| 5 | | a television or other screen and is transmitted by cable, |
| 6 | | fiber optics, laser, microwave, radio, satellite, or similar |
| 7 | | means to members of the public for consideration. |
| 8 | | "Patron" means a person who acquires the privilege to |
| 9 | | enter, witness, view, or participate in an amusement. |
| 10 | | "Person" means any natural individual, firm, society, |
| 11 | | foundation, institution, partnership, limited liability |
| 12 | | company, association, joint-stock company, joint venture, |
| 13 | | public or private corporation, receiver, executor, trustee or |
| 14 | | other representative appointed by the order of any court, or |
| 15 | | any other entity recognized by law. |
| 16 | | "Resale" means the resale of a ticket or other license to |
| 17 | | an amusement to an independent and unrelated third party after |
| 18 | | the ticket or license has been sold by the owner, manager, or |
| 19 | | operator of the amusement or the owner, manager, or operator |
| 20 | | of the place where the amusement is being held. |
| 21 | | "Reseller" means a person who resells a ticket or other |
| 22 | | license to an amusement for consideration. "Reseller" |
| 23 | | includes, but is not limited to, a ticket broker and applies |
| 24 | | whether the ticket is resold by bidding, consignment, or |
| 25 | | otherwise, and whether the ticket is resold in person, at a |
| 26 | | site on the Internet, or by other means. |
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| 1 | | "Special seating area" means an enclosed or substantially |
| 2 | | enclosed apartment-style room containing or making available |
| 3 | | amenities for the exclusive use of patrons who have permission |
| 4 | | to use that room, including, but not limited to, luxury |
| 5 | | suites, super suites, or skyboxes, or similar areas. Those |
| 6 | | amenities may include, but are not limited to, televisions |
| 7 | | (including closed-circuit capacity), bathrooms, |
| 8 | | refrigerators, telephone service, storage sinks, living room |
| 9 | | or lounge furniture, special spectator seating, food, heat, |
| 10 | | air conditioning, and parking. |
| 11 | | "Ticket" means property that confers the privilege to |
| 12 | | enter, witness, view, or participate in an amusement, whether |
| 13 | | or not expressed in a tangible form.
|
| 14 | | Section 4-10. Tax imposed. |
| 15 | | (a) Except as otherwise provided in this Act, beginning on |
| 16 | | July 1, 2026, an amusement tax is imposed upon the patrons of |
| 17 | | every amusement occurring within the State. Except as |
| 18 | | otherwise provided, the rate of tax shall be 7% of the |
| 19 | | admission fees or other charges paid for the privilege of |
| 20 | | entering, witnessing, viewing, or participating in the |
| 21 | | amusement. |
| 22 | | (b) The tax imposed by subsection (a) shall not apply to |
| 23 | | the following persons or privileges: |
| 24 | | (1) patrons of automatic amusement devices; |
| 25 | | (2) patrons of master sports wagering licensees; |
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| 1 | | (3) the privilege of witnessing or participating in |
| 2 | | any stock show or business show that is not open to the |
| 3 | | general public; |
| 4 | | (4) the privilege of hiring a pedicab; |
| 5 | | (5) the privilege of witnessing or participating in |
| 6 | | any amateur production or activity conducted by a |
| 7 | | not-for-profit organization that is operated exclusively |
| 8 | | for charitable, educational, or religious purposes; |
| 9 | | (6) the privilege of participating in any amateur |
| 10 | | event, including, but not limited to, an amateur athletic |
| 11 | | event, if: |
| 12 | | (A) the event takes place primarily on the public |
| 13 | | way or other public property; |
| 14 | | (B) all required permits for the event are |
| 15 | | obtained; |
| 16 | | (C) the event, or the organization conducting the |
| 17 | | event, is open to the public; and |
| 18 | | (D) at least 100 individuals pay to participate in |
| 19 | | the event; |
| 20 | | (7) the privilege of witnessing or participating in |
| 21 | | any amusement sponsored or conducted by any of the |
| 22 | | following organizations or institutions if (i) those |
| 23 | | organizations or institutions are not-for-profit |
| 24 | | institutions or organizations, (ii) the proceeds from the |
| 25 | | amusement, after payment of reasonable expenses, inure |
| 26 | | exclusively to the benefit of the organization or |
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| 1 | | institution, and (iii) no part of the net earnings inure |
| 2 | | to the benefit of any private shareholder or person: |
| 3 | | (A) religious, educational, and charitable |
| 4 | | institutions, societies, or organizations; |
| 5 | | (B) societies or organizations for the prevention |
| 6 | | of cruelty to children or animals; |
| 7 | | (C) societies or organizations conducted and |
| 8 | | maintained for the purpose of civic improvement; or |
| 9 | | (D) fraternal organizations, legion posts, and |
| 10 | | social and political groups that occasionally conduct |
| 11 | | or sponsor amusements, but not more often than twice |
| 12 | | yearly; |
| 13 | | (E) organizations that are affiliated with the |
| 14 | | armed services of the United States or any National |
| 15 | | Guard organization, any reserve officers' association, |
| 16 | | or any organization for posts of war veterans, |
| 17 | | including, but not limited to, any auxiliary unit or |
| 18 | | society of such a post or organization, if the post, |
| 19 | | organization, unit, or society is organized in the |
| 20 | | State of Illinois and if no part of the earnings inure |
| 21 | | to the benefit of any private shareholder or person; |
| 22 | | (F) organizations or associations created and |
| 23 | | maintained for the purpose of benefiting the members, |
| 24 | | or the dependents or heirs of members, of the police or |
| 25 | | fire departments of any political subdivision of the |
| 26 | | State of Illinois; or |
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| 1 | | (G) societies or organizations that are |
| 2 | | established for the sole purpose of maintaining |
| 3 | | symphony orchestras, opera performances, or artistic |
| 4 | | presentations, including, but not limited to, musical |
| 5 | | presentations, if the society or organization: (i) |
| 6 | | receives substantial support from voluntary |
| 7 | | contributions; (ii) is a not-for-profit institution |
| 8 | | where no part of the net earnings inure to the benefit |
| 9 | | of any private shareholder or person; and (iii) either |
| 10 | | (a) bears all risk of financial loss from its |
| 11 | | presentation of the amusement and the amusement is |
| 12 | | limited to an engagement of not more than 8 calendar |
| 13 | | days over the course of a calendar year or (b) is |
| 14 | | substantially and materially involved in the |
| 15 | | production and performance of the amusement; if an |
| 16 | | amusement is sponsored or conducted by 2 or more |
| 17 | | artistic societies or organizations under this |
| 18 | | subparagraph (G), the requirements of clauses (i) and |
| 19 | | (ii) must be met by each of those artistic societies or |
| 20 | | organizations, but the requirements of subsection |
| 21 | | (iii) may be met by any of those artistic societies or |
| 22 | | organizations individually or in combination; |
| 23 | | (8) the privilege of entering, witnessing, viewing, or |
| 24 | | participating in any amusement that occurs in any |
| 25 | | auditorium, theater, or other space if the maximum |
| 26 | | capacity of that auditorium, theater, or other space, |
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| 1 | | including all balconies and other sections, is not more |
| 2 | | than 1,500 persons. |
| 3 | | (c) None of the exemptions set forth in subsection (b) of |
| 4 | | this Section shall apply to a person or privilege unless a |
| 5 | | written notice of the exemption is filed with the Department |
| 6 | | by the person seeking the exemption at least (i) 30 calendar |
| 7 | | days prior to the amusement or (ii) 15 calendar days prior to |
| 8 | | the date on which admission tickets to the amusement are first |
| 9 | | made available for sale, whichever is earlier. The notice |
| 10 | | shall be on a form prescribed by the Department and shall |
| 11 | | contain all information and materials necessary to permit the |
| 12 | | Department to consider whether the exemption claimed by the |
| 13 | | applicant is applicable. If applicable, the notice shall |
| 14 | | contain information and materials necessary to demonstrate |
| 15 | | that the proceeds intended to inure exclusively to the benefit |
| 16 | | of the exempt entity or entities are reasonably anticipated to |
| 17 | | equal at least 10% of the gross revenues from the amusement. |
| 18 | | Upon the request of the person filing the notice under |
| 19 | | this subsection, the Department shall indicate, within 14 |
| 20 | | calendar days after receiving the notice, whether the claimed |
| 21 | | exemption does or does not apply or whether additional |
| 22 | | information is necessary to make a determination. |
| 23 | | (d) Initiation fees and membership dues paid to a health |
| 24 | | club, racquetball club, tennis club or a similar club or |
| 25 | | organization shall be exempt from the tax imposed in |
| 26 | | subsection (a) if the club or organization is organized and |
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| 1 | | operated on a membership basis and for the recreational |
| 2 | | purposes of its members and its members' guests. The exemption |
| 3 | | under this subsection shall not apply to any fees paid on a |
| 4 | | per-event or a per-admission basis. |
| 5 | | (e) The tax imposed under subsection (a) shall apply to |
| 6 | | and be imposed upon 100% of the admission fees or other charges |
| 7 | | (including, but not limited to, the gross lease or rental |
| 8 | | amount) paid for the privilege of using special seating areas |
| 9 | | to witness or to view an amusement. However, the amusement tax |
| 10 | | that would otherwise be due upon those charges shall be |
| 11 | | reduced by any other taxes imposed on those charges if those |
| 12 | | taxes are separately stated and paid by the patron either |
| 13 | | directly or as an authorized reimbursement. |
| 14 | | (f) It shall be presumed that all amusements are subject |
| 15 | | to tax under this Act unless the contrary is established by |
| 16 | | books, records, or other documentary evidence. |
| 17 | | (g) In the case of amusements that are delivered |
| 18 | | electronically to mobile devices, the provisions of the |
| 19 | | Illinois Mobile Telecommunications Sourcing Conformity Act may |
| 20 | | be used for the purpose of determining which customers and |
| 21 | | charges are subject to the tax imposed by this Act. |
| 22 | | (h) For the purpose of determining the amount of the |
| 23 | | amusement tax due under this Act, admission fees or other |
| 24 | | charges shall be computed exclusive of this tax, any federal, |
| 25 | | State, or local taxes imposed upon the amusement patron for |
| 26 | | amusement services and any separately stated optional charges |
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| 1 | | for nonamusement services or for the sale or use of tangible |
| 2 | | personal property. The fact that the patron could have avoided |
| 3 | | the charge by obtaining the privilege from or through a |
| 4 | | different owner, manager, or operator, pursuant to different |
| 5 | | terms, or through a course of performance that would have |
| 6 | | avoided the obligation to pay the charge, does not make the |
| 7 | | charge optional. |
| 8 | | (i) It is unlawful for any person to produce, present, |
| 9 | | conduct, or resell tickets to any amusement without collecting |
| 10 | | the tax under this Act except as provided in this Act. |
| 11 | | (j) Notwithstanding subsection (a), the rate of tax |
| 12 | | imposed under this Act upon the buyer of a ticket or other |
| 13 | | license in a resale transaction shall be equal to 7% of the |
| 14 | | admission fees or other charges paid for the ticket or other |
| 15 | | license in the resale transaction.
|
| 16 | | Section 4-15. Collection, payment, and accounting. |
| 17 | | (a) It shall be the joint and several duty of every owner, |
| 18 | | manager, or operator of an amusement or of a place where an |
| 19 | | amusement is being held, and of every reseller, to secure from |
| 20 | | each patron or buyer the tax imposed by this Act and to remit |
| 21 | | the tax to the Department not later than the 15th day of each |
| 22 | | calendar month for all admission fees or other charges |
| 23 | | received during the immediately preceding calendar month. A |
| 24 | | verified statement of admission fees or charges in a form |
| 25 | | prescribed by the Department shall accompany each remittance. |
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| 1 | | (b) Every person required to collect and remit the tax |
| 2 | | imposed by this Act shall keep accurate books and records, |
| 3 | | including original source documents and books of entry |
| 4 | | denoting the transactions that gave rise, or may have given |
| 5 | | rise, to the tax liability or any exemption that may be |
| 6 | | claimed. All such books, records, and accounts shall be |
| 7 | | available for inspection by the Department at all reasonable |
| 8 | | times during business hours of the day.
|
| 9 | | Section 4-20. Incorporation of the Retailers' Occupation |
| 10 | | Tax Act. All of the provisions of Sections 4, 5, 5a, 5b, 5c, |
| 11 | | 5d, 5e, 5f, 5g, 5i, 5j, 6b, and 6c of the Retailers' Occupation |
| 12 | | Tax Act that are not inconsistent with this Act, and Section |
| 13 | | 3-7 of the Uniform Penalty and Interest Act, shall apply, as |
| 14 | | far as practicable, to the subject matter of this Act to the |
| 15 | | same extent as if such provisions were included in this Act.
|
| 16 | | Section 4-25. Tax not imposed if prohibited. The tax under |
| 17 | | this Act is not imposed upon any activity that may not under |
| 18 | | the Constitution and statutes of the United States be made the |
| 19 | | subject of taxation by this State.
|
| 20 | | Section 4-30. Distribution of proceeds. Proceeds that are |
| 21 | | collected under this Act from within the metropolitan region, |
| 22 | | as defined in the Northern Illinois Transit Authority Act, |
| 23 | | shall be collected by the Department and deposited into the |
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| 1 | | trust fund referenced in subsection (n) of Section 4.03 of the |
| 2 | | Northern Illinois Transit Authority Act. Notwithstanding the |
| 3 | | provisions of subsection (n) of Section 4.03 of the Northern |
| 4 | | Illinois Transit Authority Act, 100% of the proceeds deposited |
| 5 | | into that trust fund under the provisions of this Section |
| 6 | | shall be allocated to the Northern Illinois Transit Authority. |
| 7 | | Proceeds that are collected under this Act from outside of the |
| 8 | | metropolitan region shall be deposited into the Downstate |
| 9 | | Public Transportation Fund.
|
| 10 | | Section 4-35. Rules. The Department may adopt rules for |
| 11 | | the implementation and administration of this Act.".
|
| 12 | | Article 5.
|
| 13 | | Section 5-1. Short title. This Article may be cited as the |
| 14 | | People Over Parking Act. References in this Article to "this |
| 15 | | Act" mean this Article.
|
| 16 | | Section 5-5. Definitions. As used in this Act: |
| 17 | | "Car-share vehicles" means motor vehicles that are |
| 18 | | operated as part of a regional fleet by a public or private |
| 19 | | car-sharing company or organization and provide hourly or |
| 20 | | daily service. |
| 21 | | "Commercial development project" means a development |
| 22 | | project that is undertaken for the development of land for |
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| 1 | | commercial use, including residential housing, multi-family |
| 2 | | housing, mixed-use housing, and non-residential commercial |
| 3 | | developments. |
| 4 | | "Development project" means a project undertaken for the |
| 5 | | purpose of development of land. "Development project" includes |
| 6 | | (i) a project involving the issuance of a permit for |
| 7 | | construction or reconstruction, (ii) a housing development |
| 8 | | project, or (iii) a commercial development project. |
| 9 | | "Development project" does not include a project where any |
| 10 | | portion is designated for use as a hotel, motel, |
| 11 | | bed-and-breakfast inn, or other transient lodging, except |
| 12 | | where a portion of a housing development project is designated |
| 13 | | for use as a residential hotel. |
| 14 | | "Efficiency living unit" has the meaning ascribed to that |
| 15 | | term in the 2018 International Building Code, Sixth Version |
| 16 | | (November 2021). |
| 17 | | "Elderly housing", "low-income household", |
| 18 | | "moderate-income household", "multi-family housing", and "very |
| 19 | | low-income household" have the meanings ascribed to those |
| 20 | | terms in the Illinois Affordable Housing Act. |
| 21 | | "Housing development project" means a development project |
| 22 | | consisting of (i) residential units only, (ii) mixed-use |
| 23 | | developments consisting of residential and nonresidential uses |
| 24 | | with at least two-thirds of the square footage designated for |
| 25 | | residential use, or (iii) transitional housing or supportive |
| 26 | | housing. |
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| 1 | | "Maximum automobile parking requirements" means any law, |
| 2 | | code, or policy that limits a maximum number of off-street, |
| 3 | | private parking spaces for new residential and commercial |
| 4 | | developments. |
| 5 | | "Minimum automobile parking requirements" means any law, |
| 6 | | code, or policy that requires a minimum number of off-street, |
| 7 | | private parking spaces for new residential and commercial |
| 8 | | developments. |
| 9 | | "On-street parking" means parking of vehicles on public |
| 10 | | streets or thoroughfares located within the physical |
| 11 | | boundaries of a municipality. |
| 12 | | "Public transportation corridor" means a street on which |
| 13 | | one or more bus routes have a combined frequency of bus service |
| 14 | | interval of 15 minutes or less during the morning and |
| 15 | | afternoon peak commute 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 combined frequency of bus service |
| 20 | | interval of 15 minutes or less during the morning and |
| 21 | | afternoon peak commute 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 5-15, a |
| 6 | | unit 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 or one-eighth mile of a public |
| 10 | | transportation corridor.
|
| 11 | | Section 5-15. Exceptions and limitations to prohibited |
| 12 | | minimum automobile parking requirements. |
| 13 | | (a) If a development project provides automobile parking |
| 14 | | voluntarily, then a unit of local government may impose on the |
| 15 | | development project requirements for parking spaces to be made |
| 16 | | available for car-share vehicles, for parking spaces to be |
| 17 | | shared with the public, or for parking spaces to be made |
| 18 | | available only for a fee. A unit of local government may not |
| 19 | | require voluntarily provided parking to be provided free of |
| 20 | | charge. |
| 21 | | (b) Section 5-10 does not apply to minimum automobile |
| 22 | | parking requirements if the requirements conflict with a |
| 23 | | contractual agreement or approved site plan with the unit of |
| 24 | | local government that was executed or approved on or before |
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| 1 | | the effective date of this Act. However, Section 5-10 applies |
| 2 | | to an amendment or extension to the contractual agreement or |
| 3 | | approved site plan if the amendment or extension increases |
| 4 | | automobile parking requirements. |
| 5 | | (c) A development project may voluntarily build additional |
| 6 | | parking that is not shared with the public. |
| 7 | | (d) Nothing in this Act shall be interpreted to prevent a |
| 8 | | unit of local government from regulating access to on-street |
| 9 | | parking. |
| 10 | | (e) Nothing in this Act prevents a unit of local |
| 11 | | government from enacting or enforcing local laws that |
| 12 | | establish a maximum parking requirement. |
| 13 | | (f) Nothing in this Act prevents a unit of local |
| 14 | | government from enacting or enforcing local laws that |
| 15 | | establish a minimum parking requirement for bicycles, |
| 16 | | including electric-assisted bicycles.
|
| 17 | | Section 5-90. Home rule. A home rule unit may not regulate |
| 18 | | minimum automobile parking requirements in a manner |
| 19 | | inconsistent with this Act. This Act is a limitation under |
| 20 | | subsection (i) of Section 6 of Article VII of the Illinois |
| 21 | | Constitution on the concurrent exercise by home rule units of |
| 22 | | powers and functions exercised by the State.
|
| 23 | | Section 5-95. Conflict with other laws. To the extent that |
| 24 | | this Act conflicts with any other provision of law, this Act |
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| 1 | | controls.
|
| 2 | | Section 5-300. The State Officials and Employees Ethics |
| 3 | | Act is amended by changing Sections 75-5 and 75-10 as follows:
|
| 4 | | (5 ILCS 430/75-5) |
| 5 | | Sec. 75-5. Application of the State Officials and |
| 6 | | Employees Ethics Act to the Regional Transit Boards and |
| 7 | | Regional Development Authorities. |
| 8 | | (a) The provisions of Articles 1, 5, 10, 15, 20, and 50 of |
| 9 | | this Act, as well as this Article, apply to Regional Transit |
| 10 | | Boards and Regional Development Authorities. As used in |
| 11 | | Articles 1, 5, 10, 15, 20, 50, and 75, (i) "appointee" and |
| 12 | | "officer" include a person appointed to serve on the board of a |
| 13 | | Regional Transit Board or a board of a Regional Development |
| 14 | | Authority, and (ii) "employee" and "State employee" include: |
| 15 | | (A) a full-time, part-time, or contractual employee of a |
| 16 | | Regional Transit Board or a Regional Development Authority; |
| 17 | | and (B) Authority leaders of a Regional Development Authority. |
| 18 | | As used in this subsection, "Authority leader" has the meaning |
| 19 | | given to that term in the various Acts and Laws creating the |
| 20 | | Regional Development Authorities. |
| 21 | | (b) The Executive Ethics Commission shall have |
| 22 | | jurisdiction over all board members and employees of the |
| 23 | | Regional Transit Boards and Regional Development Authorities. |
| 24 | | The Executive Inspector General appointed by the Governor |
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| 1 | | shall have jurisdiction over all board members, employees, |
| 2 | | vendors, and others doing business with the Regional Transit |
| 3 | | Boards and Regional Development Authorities to investigate |
| 4 | | allegations of fraud, waste, abuse, mismanagement, misconduct, |
| 5 | | nonfeasance, misfeasance, malfeasance, or violations of this |
| 6 | | Act. |
| 7 | | (Source: P.A. 103-517, eff. 8-11-23.)
|
| 8 | | (5 ILCS 430/75-10) |
| 9 | | Sec. 75-10. Coordination between Executive Inspector |
| 10 | | General and Inspectors General appointed by Regional Transit |
| 11 | | Boards. |
| 12 | | (a) Nothing in this amendatory Act of the 96th General |
| 13 | | Assembly precludes a Regional Transit Board from appointing or |
| 14 | | employing an Inspector General to serve under the jurisdiction |
| 15 | | of a Regional Transit Board to receive complaints and conduct |
| 16 | | investigations in accordance with an ordinance or resolution |
| 17 | | adopted by that respective Board, provided he or she is |
| 18 | | approved by the Executive Ethics Commission. A Regional |
| 19 | | Transit Board shall notify the Executive Ethics Commission |
| 20 | | within 10 days after employing or appointing a person to serve |
| 21 | | as Inspector General, and the Executive Ethics Commission |
| 22 | | shall approve or reject the appointment or employment of the |
| 23 | | Inspector General. Any notification not acted upon by the |
| 24 | | Executive Ethics Commission within 60 days after its receipt |
| 25 | | shall be deemed to have received the approval of the Executive |
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| 1 | | Ethics Commission. Within 30 days after the effective date of |
| 2 | | this amendatory Act of the 96th General Assembly, a Regional |
| 3 | | Transit Board shall notify the Executive Ethics Commission of |
| 4 | | any person serving on the effective date of this amendatory |
| 5 | | Act as an Inspector General for the Regional Transit Board, |
| 6 | | and the Executive Ethics Commission shall approve or reject |
| 7 | | the appointment or employment within 30 days after receipt of |
| 8 | | the notification, provided that any notification not acted |
| 9 | | upon by the Executive Ethics Commission within 30 days shall |
| 10 | | be deemed to have received approval. No person rejected by the |
| 11 | | Executive Ethics Commission shall serve as an Inspector |
| 12 | | General for a Regional Transit Board for a term of 5 years |
| 13 | | after being rejected by the Commission. For purposes of this |
| 14 | | subsection (a), any person appointed or employed by a Transit |
| 15 | | Board to receive complaints and investigate allegations of |
| 16 | | fraud, waste, abuse, mismanagement, misconduct, nonfeasance, |
| 17 | | misfeasance, malfeasance, or violations of this Act shall be |
| 18 | | considered an Inspector General and shall be subject to |
| 19 | | approval of the Executive Ethics Commission. |
| 20 | | (b) The Executive Inspector General appointed by the |
| 21 | | Governor shall have exclusive jurisdiction to investigate |
| 22 | | complaints or allegations of violations of this Act and, in |
| 23 | | his or her discretion, may investigate other complaints or |
| 24 | | allegations. Unless created by statute, no Regional Transit |
| 25 | | Board or Regional Development Authority shall create or retain |
| 26 | | an investigative body that investigates matters under the |
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| 1 | | Executive Inspector General's jurisdiction. Complaints or |
| 2 | | allegations of a violation of this Act received by an |
| 3 | | Inspector General appointed or employed by a Regional Transit |
| 4 | | Board shall be immediately referred to the Executive Inspector |
| 5 | | General. The Executive Inspector General shall have authority |
| 6 | | to assume responsibility and investigate any complaint or |
| 7 | | allegation received by an Inspector General appointed or |
| 8 | | employed by a Regional Transit Board. In the event the |
| 9 | | Executive Inspector General provides written notification of |
| 10 | | intent to assume investigatory responsibility for a complaint, |
| 11 | | allegation, or ongoing investigation, the Inspector General |
| 12 | | appointed or employed by a Regional Transit Board shall cease |
| 13 | | review of the complaint, allegation, or ongoing investigation |
| 14 | | and provide all information to the Executive Inspector |
| 15 | | General. The Executive Inspector General may delegate |
| 16 | | responsibility for an investigation to the Inspector General |
| 17 | | appointed or employed by a Regional Transit Board. In the |
| 18 | | event the Executive Inspector General provides an Inspector |
| 19 | | General appointed or employed by a Regional Transit Board with |
| 20 | | written notification of intent to delegate investigatory |
| 21 | | responsibility for a complaint, allegation, or ongoing |
| 22 | | investigation, the Executive Inspector General shall provide |
| 23 | | all information to the Inspector General appointed or employed |
| 24 | | by a Regional Transit Board. |
| 25 | | (c) An Inspector General appointed or employed by a |
| 26 | | Regional Transit Board shall provide a monthly activity report |
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| 1 | | to the Executive Inspector General indicating: |
| 2 | | (1) the total number of complaints or allegations |
| 3 | | received since the date of the last report and a |
| 4 | | description of each complaint; |
| 5 | | (2) the number of investigations pending as of the |
| 6 | | reporting date and the status of each investigation; |
| 7 | | (3) the number of investigations concluded since the |
| 8 | | date of the last report and the result of each |
| 9 | | investigation; and |
| 10 | | (4) the status of any investigation delegated by the |
| 11 | | Executive Inspector General. |
| 12 | | An Inspector General appointed or employed by a Regional |
| 13 | | Transit Board and the Executive Inspector General shall |
| 14 | | cooperate and share resources or information as necessary to |
| 15 | | implement the provisions of this Article. |
| 16 | | (d) Reports filed under this Section are exempt from the |
| 17 | | Freedom of Information Act and shall be deemed confidential. |
| 18 | | Investigatory files and reports prepared by the Office of the |
| 19 | | Executive Inspector General and the Office of an Inspector |
| 20 | | General appointed or employed by a Regional Transit Board may |
| 21 | | be disclosed between the Offices as necessary to implement the |
| 22 | | provisions of this Article. |
| 23 | | (Source: P.A. 96-1528, eff. 7-1-11.)
|
| 24 | | Section 5-305. The Secretary of State Act is amended by |
| 25 | | adding Section 37.5 as follows:
|
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| 1 | | (15 ILCS 305/37.5 new) |
| 2 | | Sec. 37.5. Certification of eligibility for visitor |
| 3 | | paratransit service. |
| 4 | | (a) The Secretary of State may issue guidance and develop |
| 5 | | standardized forms that an entity that is required to provide |
| 6 | | complementary paratransit service in Illinois under 49 CFR |
| 7 | | Part 37, Subpart F may use to determine and document the |
| 8 | | eligibility of persons for that service. |
| 9 | | (b) The Secretary of State shall ensure that the guidance |
| 10 | | issued and forms developed under subsection (a) merely |
| 11 | | describe the process that must be followed to document a |
| 12 | | person's eligibility for complementary paratransit service |
| 13 | | under 49 CFR Part 37, Subpart F and do not require the |
| 14 | | disclosure or recording of any specific information about an |
| 15 | | individual's disability.
|
| 16 | | Section 5-500. The Illinois Identification Card Act is |
| 17 | | amended by changing Section 4 as follows:
|
| 18 | | (15 ILCS 335/4) (from Ch. 124, par. 24) |
| 19 | | Sec. 4. Identification card. |
| 20 | | (a) In accordance with the requirements of this Section, |
| 21 | | the Secretary of State shall issue a standard Illinois |
| 22 | | Identification Card, as well as a mobile Illinois |
| 23 | | Identification Card, to any natural person who is a resident |
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| 1 | | of the State of Illinois who applies for such a card, or |
| 2 | | renewal thereof. No identification card shall be issued to any |
| 3 | | person who holds a valid foreign state identification card, |
| 4 | | license, or permit unless the person first surrenders to the |
| 5 | | Secretary of State the valid foreign state identification |
| 6 | | card, license, or permit. The card shall be prepared and |
| 7 | | supplied by the Secretary of State and shall include a |
| 8 | | photograph and signature or mark of the applicant. However, |
| 9 | | the Secretary of State may provide by rule for the issuance of |
| 10 | | Illinois Identification Cards without photographs if the |
| 11 | | applicant has a bona fide religious objection to being |
| 12 | | photographed or to the display of his or her photograph. The |
| 13 | | Illinois Identification Card may be used for identification |
| 14 | | purposes in any lawful situation only by the person to whom it |
| 15 | | was issued. As used in this Act, "photograph" means any color |
| 16 | | photograph or digitally produced and captured image of an |
| 17 | | applicant for an identification card. As used in this Act, |
| 18 | | "signature" means the name of a person as written by that |
| 19 | | person and captured in a manner acceptable to the Secretary of |
| 20 | | State. |
| 21 | | (a-5) If an applicant for an identification card has a |
| 22 | | current driver's license or instruction permit issued by the |
| 23 | | Secretary of State, the Secretary may require the applicant to |
| 24 | | utilize the same residence address and name on the |
| 25 | | identification card, driver's license, and instruction permit |
| 26 | | records maintained by the Secretary. The Secretary may |
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| 1 | | promulgate rules to implement this provision. |
| 2 | | (a-10) If the applicant is a judicial officer as defined |
| 3 | | in Section 1-10 of the Judicial Privacy Act or a peace officer, |
| 4 | | the applicant may elect to have his or her office or work |
| 5 | | address listed on the card instead of the applicant's |
| 6 | | residence or mailing address. The Secretary may promulgate |
| 7 | | rules to implement this provision. For the purposes of this |
| 8 | | subsection (a-10), "peace officer" means any person who by |
| 9 | | virtue of his or her office or public employment is vested by |
| 10 | | law with a duty to maintain public order or to make arrests for |
| 11 | | a violation of any penal statute of this State, whether that |
| 12 | | duty extends to all violations or is limited to specific |
| 13 | | violations. |
| 14 | | (a-15) The Secretary of State may provide for an expedited |
| 15 | | process for the issuance of an Illinois Identification Card. |
| 16 | | The Secretary shall charge an additional fee for the expedited |
| 17 | | issuance of an Illinois Identification Card, to be set by |
| 18 | | rule, not to exceed $75. All fees collected by the Secretary |
| 19 | | for expedited Illinois Identification Card service shall be |
| 20 | | deposited into the Secretary of State Special Services Fund. |
| 21 | | The Secretary may adopt rules regarding the eligibility, |
| 22 | | process, and fee for an expedited Illinois Identification |
| 23 | | Card. If the Secretary of State determines that the volume of |
| 24 | | expedited identification card requests received on a given day |
| 25 | | exceeds the ability of the Secretary to process those requests |
| 26 | | in an expedited manner, the Secretary may decline to provide |
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| 1 | | expedited services, and the additional fee for the expedited |
| 2 | | service shall be refunded to the applicant. |
| 3 | | (a-20) The Secretary of State shall issue a standard |
| 4 | | Illinois Identification Card to a person committed to the |
| 5 | | Department of Corrections, the Department of Juvenile Justice, |
| 6 | | a Federal Bureau of Prisons facility located in Illinois, or a |
| 7 | | county jail or county department of corrections as follows: if |
| 8 | | the person has a social security number, |
| 9 | | (1) A committed person who has previously held an |
| 10 | | Illinois Identification Card or an Illinois driver's |
| 11 | | license shall submit an Identification Card verification |
| 12 | | form to the Secretary of State, including a photograph |
| 13 | | taken by the correctional facility, proof of residency |
| 14 | | upon discharge, and a social security number, if the |
| 15 | | committed person has a social security number. If the |
| 16 | | committed person does not have a social security number |
| 17 | | and is eligible for a social security number, the |
| 18 | | Secretary of State shall not issue a standard Illinois |
| 19 | | Identification Card until the committed person obtains a |
| 20 | | social security number. If the committed person's |
| 21 | | photograph and demographic information matches an existing |
| 22 | | Illinois Identification Card or Illinois driver's license |
| 23 | | and the Secretary of State verifies the applicant's social |
| 24 | | security number with the Social Security Administration, |
| 25 | | the Secretary of State shall issue the committed person a |
| 26 | | standard Illinois Identification Card. If the photograph |
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| 1 | | or demographic information matches an existing Illinois |
| 2 | | Identification Card or Illinois driver's license in |
| 3 | | another person's name or identity, a standard Illinois |
| 4 | | Identification Card shall not be issued until the |
| 5 | | committed person submits a certified birth certificate and |
| 6 | | social security card to the Secretary of State and the |
| 7 | | Secretary of State verifies the identity of the committed |
| 8 | | person. If the Secretary of State cannot find a match to an |
| 9 | | existing Illinois Identification Card or Illinois driver's |
| 10 | | license, the committed person may apply for a standard |
| 11 | | Illinois Identification card as described in paragraph |
| 12 | | (2). |
| 13 | | (2) A committed person who has not previously held an |
| 14 | | Illinois Identification Card or Illinois driver's license |
| 15 | | or for whom a match cannot be found as described in |
| 16 | | paragraph (1) shall submit an Illinois Identification Card |
| 17 | | verification form, including a photograph taken by the |
| 18 | | correctional facility, a certified birth certificate, |
| 19 | | proof of residency upon discharge, and a social security |
| 20 | | number, if the committed has a social security number. If |
| 21 | | the committed person does not have a social security |
| 22 | | number and is eligible for a social security number, the |
| 23 | | Secretary of State shall not issue a standard Illinois |
| 24 | | Identification Card until the committed person obtains a |
| 25 | | social security number. If the Secretary of State verifies |
| 26 | | the applicant's social security number with the Social |
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| 1 | | Security Administration, the Secretary of State shall |
| 2 | | issue the committed person a standard Illinois |
| 3 | | Identification Card. |
| 4 | | The Illinois Identification Card verification form |
| 5 | | described in this subsection shall be prescribed by the |
| 6 | | Secretary of State. The Secretary of State and correctional |
| 7 | | facilities in this State shall establish a secure method to |
| 8 | | transfer the form. |
| 9 | | (a-25) The Secretary of State shall issue a limited-term |
| 10 | | Illinois Identification Card valid for 90 days to a committed |
| 11 | | person upon release on parole, mandatory supervised release, |
| 12 | | aftercare release, final discharge, or pardon from the |
| 13 | | Department of Corrections, the Department of Juvenile Justice, |
| 14 | | a Federal Bureau of Prisons facility located in Illinois, or a |
| 15 | | county jail or county department of corrections, if the |
| 16 | | released person does not obtain a standard Illinois |
| 17 | | Identification Card as described in subsection (a-20) prior to |
| 18 | | release but does present a Secretary of State prescribed |
| 19 | | Identification Card verification form completed by the |
| 20 | | correctional facility, verifying the released person's date of |
| 21 | | birth, social security number, if the person has a social |
| 22 | | security number, and his or her Illinois residence address. |
| 23 | | The verification form must have been completed no more than 30 |
| 24 | | days prior to the date of application for the Illinois |
| 25 | | Identification Card. |
| 26 | | Prior to the expiration of the 90-day period of the |
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| 1 | | limited-term Illinois Identification Card, if the released |
| 2 | | person submits to the Secretary of State a certified copy of |
| 3 | | his or her birth certificate and his or her social security |
| 4 | | card, if the person has a social security number, or other |
| 5 | | documents authorized by the Secretary, a standard Illinois |
| 6 | | Identification Card shall be issued. A limited-term Illinois |
| 7 | | Identification Card may not be renewed. |
| 8 | | This subsection shall not apply to a released person who |
| 9 | | was unable to obtain a standard Illinois Identification Card |
| 10 | | because his or her photograph or demographic information |
| 11 | | matched an existing Illinois Identification Card or Illinois |
| 12 | | driver's license in another person's name or identity or to a |
| 13 | | released person who does not have a social security number and |
| 14 | | is eligible for a social security number. |
| 15 | | (a-30) The Secretary of State shall issue a standard |
| 16 | | Illinois Identification Card to a person upon conditional |
| 17 | | release or absolute discharge from the custody of the |
| 18 | | Department of Human Services, if the person presents a |
| 19 | | certified copy of his or her birth certificate, social |
| 20 | | security card, if the person has a social security number, or |
| 21 | | other documents authorized by the Secretary, and a document |
| 22 | | proving his or her Illinois residence address. The Secretary |
| 23 | | of State shall issue a standard Illinois Identification Card |
| 24 | | to a person prior to his or her conditional release or absolute |
| 25 | | discharge if personnel from the Department of Human Services |
| 26 | | bring the person to a Secretary of State location with the |
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| 1 | | required documents. Documents proving residence address may |
| 2 | | include any official document of the Department of Human |
| 3 | | Services showing the person's address after release and a |
| 4 | | Secretary of State prescribed verification form, which may be |
| 5 | | executed by personnel of the Department of Human Services. |
| 6 | | (a-35) The Secretary of State shall issue a limited-term |
| 7 | | Illinois Identification Card valid for 90 days to a person |
| 8 | | upon conditional release or absolute discharge from the |
| 9 | | custody of the Department of Human Services, if the person is |
| 10 | | unable to present a certified copy of his or her birth |
| 11 | | certificate and social security card, if the person has a |
| 12 | | social security number, or other documents authorized by the |
| 13 | | Secretary, but does present a Secretary of State prescribed |
| 14 | | verification form completed by the Department of Human |
| 15 | | Services, verifying the person's date of birth and social |
| 16 | | security number, if the person has a social security number, |
| 17 | | and a document proving his or her Illinois residence address. |
| 18 | | The verification form must have been completed no more than 30 |
| 19 | | days prior to the date of application for the Illinois |
| 20 | | Identification Card. The Secretary of State shall issue a |
| 21 | | limited-term Illinois Identification Card to a person no |
| 22 | | sooner than 14 days prior to his or her conditional release or |
| 23 | | absolute discharge if personnel from the Department of Human |
| 24 | | Services bring the person to a Secretary of State location |
| 25 | | with the required documents. Documents proving residence |
| 26 | | address shall include any official document of the Department |
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| 1 | | of Human Services showing the person's address after release |
| 2 | | and a Secretary of State prescribed verification form, which |
| 3 | | may be executed by personnel of the Department of Human |
| 4 | | Services. |
| 5 | | (b) The Secretary of State shall issue a special Illinois |
| 6 | | Identification Card, which shall be known as an Illinois |
| 7 | | Person with a Disability Identification Card, to any natural |
| 8 | | person who is a resident of the State of Illinois, who is a |
| 9 | | person with a disability as defined in Section 4A of this Act, |
| 10 | | who applies for such card, or renewal thereof. No Illinois |
| 11 | | Person with a Disability Identification Card shall be issued |
| 12 | | to any person who holds a valid foreign state identification |
| 13 | | card, license, or permit unless the person first surrenders to |
| 14 | | the Secretary of State the valid foreign state identification |
| 15 | | card, license, or permit. The Secretary of State shall charge |
| 16 | | no fee to issue such card. The card shall be prepared and |
| 17 | | supplied by the Secretary of State, and shall include a |
| 18 | | photograph and signature or mark of the applicant, a |
| 19 | | designation indicating that the card is an Illinois Person |
| 20 | | with a Disability Identification Card, and shall include a |
| 21 | | comprehensible designation of the type and classification of |
| 22 | | the applicant's disability as set out in Section 4A of this |
| 23 | | Act. However, the Secretary of State may provide by rule for |
| 24 | | the issuance of Illinois Person with a Disability |
| 25 | | Identification Cards without photographs if the applicant has |
| 26 | | a bona fide religious objection to being photographed or to |
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| 1 | | the display of his or her photograph. If the applicant so |
| 2 | | requests, the card shall include a description of the |
| 3 | | applicant's disability and any information about the |
| 4 | | applicant's disability or medical history which the Secretary |
| 5 | | determines would be helpful to the applicant in securing |
| 6 | | emergency medical care. If a mark is used in lieu of a |
| 7 | | signature, such mark shall be affixed to the card in the |
| 8 | | presence of 2 two witnesses who attest to the authenticity of |
| 9 | | the mark. The Illinois Person with a Disability Identification |
| 10 | | Card may be used for identification purposes in any lawful |
| 11 | | situation by the person to whom it was issued. |
| 12 | | The Illinois Person with a Disability Identification Card |
| 13 | | may be used as adequate documentation of disability in lieu of |
| 14 | | a physician's determination of disability, a determination of |
| 15 | | disability from a physician assistant, a determination of |
| 16 | | disability from an advanced practice registered nurse, or any |
| 17 | | other documentation of disability whenever any State law |
| 18 | | requires that a person with a disability provide such |
| 19 | | documentation of disability, however an Illinois Person with a |
| 20 | | Disability Identification Card shall not qualify the |
| 21 | | cardholder to participate in any program or to receive any |
| 22 | | benefit which is not available to all persons with like |
| 23 | | disabilities. Notwithstanding any other provisions of law, an |
| 24 | | Illinois Person with a Disability Identification Card, or |
| 25 | | evidence that the Secretary of State has issued an Illinois |
| 26 | | Person with a Disability Identification Card, shall not be |
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| 1 | | used by any person other than the person named on such card to |
| 2 | | prove that the person named on such card is a person with a |
| 3 | | disability or for any other purpose unless the card is used for |
| 4 | | the benefit of the person named on such card, and the person |
| 5 | | named on such card consents to such use at the time the card is |
| 6 | | so used. |
| 7 | | An optometrist's determination of a visual disability |
| 8 | | under Section 4A of this Act is acceptable as documentation |
| 9 | | for the purpose of issuing an Illinois Person with a |
| 10 | | Disability Identification Card. |
| 11 | | When medical information is contained on an Illinois |
| 12 | | Person with a Disability Identification Card, the Office of |
| 13 | | the Secretary of State shall not be liable for any actions |
| 14 | | taken based upon that medical information. |
| 15 | | The Secretary of State shall add a marker or box to the |
| 16 | | Illinois Person with a Disability Identification Card that can |
| 17 | | be used to record and demonstrate that the holder of the card |
| 18 | | has presented documentation of certification of eligibility to |
| 19 | | receive complementary paratransit services under 49 CFR Part |
| 20 | | 37, Subpart F by an entity that is required to provide those |
| 21 | | services in the State. |
| 22 | | (c) The Secretary of State shall provide that each |
| 23 | | original or renewal Illinois Identification Card or Illinois |
| 24 | | Person with a Disability Identification Card issued to a |
| 25 | | person under the age of 21 shall be of a distinct nature from |
| 26 | | those Illinois Identification Cards or Illinois Person with a |
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| 1 | | Disability Identification Cards issued to individuals 21 years |
| 2 | | of age or older. The color designated for Illinois |
| 3 | | Identification Cards or Illinois Person with a Disability |
| 4 | | Identification Cards for persons under the age of 21 shall be |
| 5 | | at the discretion of the Secretary of State. |
| 6 | | (c-1) Each original or renewal Illinois Identification |
| 7 | | Card or Illinois Person with a Disability Identification Card |
| 8 | | issued to a person under the age of 21 shall display the date |
| 9 | | upon which the person becomes 18 years of age and the date upon |
| 10 | | which the person becomes 21 years of age. |
| 11 | | (c-3) The General Assembly recognizes the need to identify |
| 12 | | military veterans living in this State for the purpose of |
| 13 | | ensuring that they receive all of the services and benefits to |
| 14 | | which they are legally entitled, including healthcare, |
| 15 | | education assistance, and job placement. To assist the State |
| 16 | | in identifying these veterans and delivering these vital |
| 17 | | services and benefits, the Secretary of State is authorized to |
| 18 | | issue Illinois Identification Cards and Illinois Person with a |
| 19 | | Disability Identification Cards with the word "veteran" |
| 20 | | appearing on the face of the cards. This authorization is |
| 21 | | predicated on the unique status of veterans. The Secretary may |
| 22 | | not issue any other identification card which identifies an |
| 23 | | occupation, status, affiliation, hobby, or other unique |
| 24 | | characteristics of the identification card holder which is |
| 25 | | unrelated to the purpose of the identification card. |
| 26 | | (c-5) Beginning on or before July 1, 2015, the Secretary |
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| 1 | | of State shall designate a space on each original or renewal |
| 2 | | identification card where, at the request of the applicant, |
| 3 | | the word "veteran" shall be placed. The veteran designation |
| 4 | | shall be available to a person identified as a veteran under |
| 5 | | subsection (b) of Section 5 of this Act who was discharged or |
| 6 | | separated under honorable conditions. |
| 7 | | (d) The Secretary of State may issue a Senior Citizen |
| 8 | | discount card, to any natural person who is a resident of the |
| 9 | | State of Illinois who is 60 years of age or older and who |
| 10 | | applies for such a card or renewal thereof. The Secretary of |
| 11 | | State shall charge no fee to issue such card. The card shall be |
| 12 | | issued in every county and applications shall be made |
| 13 | | available at, but not limited to, nutrition sites, senior |
| 14 | | citizen centers and Area Agencies on Aging. The applicant, |
| 15 | | upon receipt of such card and prior to its use for any purpose, |
| 16 | | shall have affixed thereon in the space provided therefor his |
| 17 | | signature or mark. |
| 18 | | (e) The Secretary of State, in his or her discretion, may |
| 19 | | designate on each Illinois Identification Card or Illinois |
| 20 | | Person with a Disability Identification Card a space where the |
| 21 | | card holder may place a sticker or decal, issued by the |
| 22 | | Secretary of State, of uniform size as the Secretary may |
| 23 | | specify, that shall indicate in appropriate language that the |
| 24 | | card holder has renewed his or her Illinois Identification |
| 25 | | Card or Illinois Person with a Disability Identification Card. |
| 26 | | (f)(1) The Secretary of State may issue a mobile |
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| 1 | | identification card to an individual who is otherwise eligible |
| 2 | | to hold a physical credential in addition to, and not instead |
| 3 | | of, an identification card if the Secretary of State has |
| 4 | | issued an identification card to the person. The data elements |
| 5 | | that are used to build an electronic credential must match the |
| 6 | | individual's current Department record. |
| 7 | | (2) The Secretary may enter into agreements or contract |
| 8 | | with an agency of the State, another state, the United States, |
| 9 | | or a third party to facilitate the issuance, use, and |
| 10 | | verification of a mobile identification card issued by the |
| 11 | | Secretary or another state. |
| 12 | | (3) Any mobile identification card issued by the Secretary |
| 13 | | shall be in accordance with the most recent AAMVA standards. |
| 14 | | (4) The Secretary shall design the mobile identification |
| 15 | | card in a manner that allows the credential holder to maintain |
| 16 | | physical possession of the device on which the mobile |
| 17 | | identification card is accessed during verification. |
| 18 | | (g) The verification process shall be implemented to |
| 19 | | require: |
| 20 | | (1) the relying parties to authenticate electronic |
| 21 | | credentials in accordance with applicable AAMVA standards |
| 22 | | prior to acceptance of the electronic credential; |
| 23 | | (2) the Secretary to ensure that electronic credential |
| 24 | | data is subject to all jurisdictional data security and |
| 25 | | privacy protection laws and regulations; and |
| 26 | | (3) the relying parties to request only electronic |
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| 1 | | credential data elements that are necessary to complete |
| 2 | | the transaction for which data is being requested. |
| 3 | | (h) Privacy and tracking of data shall be restricted by |
| 4 | | implementing the following requirements: |
| 5 | | (1) the relying parties shall retain only electronic |
| 6 | | credential data elements for which the relying party |
| 7 | | explicitly obtained consent from the electronic credential |
| 8 | | holder and shall inform the electronic credential holder |
| 9 | | of the use and retention period of the electronic data |
| 10 | | elements; |
| 11 | | (2) the Secretary shall use an electronic credential |
| 12 | | system that is designed to maximize the privacy of the |
| 13 | | credential holder in accordance with State and federal law |
| 14 | | and shall not track or compile information without the |
| 15 | | credential holder's consent; and |
| 16 | | (3) the Department shall only compile and disclose |
| 17 | | information regarding the use of the credential as |
| 18 | | required by State or federal law. |
| 19 | | (i)(1) The electronic credential holder shall be required |
| 20 | | to have the holder's their physical credential on the holder's |
| 21 | | their person for all purposes for which an identification card |
| 22 | | is required. No person, public entity, private entity, or |
| 23 | | agency shall establish a policy that requires an electronic |
| 24 | | credential instead of a physical credential. |
| 25 | | (2) Electronic credential systems shall be designed so |
| 26 | | that there is no requirement for the electronic credential |
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| 1 | | holder to display or relinquish possession of the credential |
| 2 | | holder's mobile device to relying parties for the acceptance |
| 3 | | of an electronic credential. |
| 4 | | (3) When required by law and upon request by law |
| 5 | | enforcement, a credential holder must provide the credential |
| 6 | | holder's physical credential. |
| 7 | | (4) Any law or regulation that requires an individual to |
| 8 | | surrender the individual's their physical credential to law |
| 9 | | enforcement does not apply to the device on which an |
| 10 | | electronic credential has been provisioned. |
| 11 | | (j) A person may be required to produce when so requested a |
| 12 | | physical identification card to a law enforcement officer, a |
| 13 | | representative of a State or federal department or agency, or |
| 14 | | a private entity and is subject to all applicable laws and |
| 15 | | consequences for failure to produce such an identification |
| 16 | | card. |
| 17 | | (k) The Secretary of State shall adopt such rules as are |
| 18 | | necessary to implement a mobile identification card. |
| 19 | | (l) The display of a mobile identification card shall not |
| 20 | | serve as consent or authorization for a law enforcement |
| 21 | | officer, or any other person, to search, view, or access any |
| 22 | | other data or application on the mobile device. If a person |
| 23 | | presents the person's mobile device to a law enforcement |
| 24 | | officer for purposes of displaying a mobile identification |
| 25 | | card, the law enforcement officer shall promptly return the |
| 26 | | mobile device to the person once the officer has had an |
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| 1 | | opportunity to verify the identity of the person. Except for |
| 2 | | willful and wanton misconduct, any law enforcement officer, |
| 3 | | court, or officer of the court presented with the device shall |
| 4 | | be immune from any liability resulting from damage to the |
| 5 | | mobile device. |
| 6 | | (m) The fee to install the application to display a mobile |
| 7 | | identification card as defined in this subsection shall not |
| 8 | | exceed $6. |
| 9 | | (n) As used in this Section: |
| 10 | | "AAMVA" means the American Association of Motor Vehicle |
| 11 | | Administrators. |
| 12 | | "Credential" means a driver's license, learner's permit, |
| 13 | | or identification card. |
| 14 | | "Credential holder" means the individual to whom a mobile |
| 15 | | driver's license or a mobile identification card is issued. |
| 16 | | "Data element" means a distinct component of a customer's |
| 17 | | information that is found on the Department's customer record. |
| 18 | | "Department" means the Secretary of State Department of |
| 19 | | Driver Services. |
| 20 | | "Electronic credential" means an electronic extension of |
| 21 | | the departmental issued physical credential that conveys |
| 22 | | identity and complies with AAMVA's mobile driver license |
| 23 | | Implementation guidelines and the ISO/IEC 18013-5 standard. |
| 24 | | "Electronic credential system" means a digital process |
| 25 | | that includes a method for provisioning electronic |
| 26 | | credentials, requesting and transmitting electronic credential |
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| 1 | | data elements, and performing tasks to maintain the system. |
| 2 | | "Full profile" means all the information provided on an |
| 3 | | identification card. |
| 4 | | "ISO" means the International Organization for |
| 5 | | Standardization, which creates uniform processes and |
| 6 | | procedures. |
| 7 | | "Limited profile" means a portion of the information |
| 8 | | provided on an Identification Card. |
| 9 | | "Mobile identification card" means a data file that is |
| 10 | | available on any mobile device that has connectivity to the |
| 11 | | Internet through an application that allows the mobile device |
| 12 | | to download the data file from the Secretary of State, that |
| 13 | | contains all the data elements visible on the face and back of |
| 14 | | an identification card, and that displays the current status |
| 15 | | of the identification card. "Mobile identification card" does |
| 16 | | not include a copy, photograph, or image of an Illinois |
| 17 | | Identification Card that is not downloaded through the |
| 18 | | application on a mobile device. |
| 19 | | "Physical credential" means a Department-issued Department |
| 20 | | issued document that conveys identity in accordance with the |
| 21 | | Illinois Identification Card Act. |
| 22 | | "Provision" means the initial loading of an electronic |
| 23 | | credential onto a device. |
| 24 | | "Relying party" means the entity to which the credential |
| 25 | | holder presents the electronic credential. |
| 26 | | "Verification process" means a method of authenticating |
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| 1 | | the electronic credential through the use of secured |
| 2 | | encryption communication. |
| 3 | | (o) (f) Upon providing the required documentation, at the |
| 4 | | request of the applicant, the identification card may reflect |
| 5 | | Gold Star Family designation. The Secretary shall designate a |
| 6 | | space on each original or renewal of an identification card |
| 7 | | for such designation. This designation shall be available to a |
| 8 | | person eligible for Gold Star license plates under subsection |
| 9 | | (f) of Section 6-106 of the Illinois Vehicle Code. |
| 10 | | (Source: P.A. 102-299, eff. 8-6-21; 103-210, eff. 7-1-24; |
| 11 | | 103-345, eff. 1-1-24; 103-605, eff. 7-1-24; 103-782, eff. |
| 12 | | 8-6-24; 103-824, eff. 1-1-25; 103-933, eff. 1-1-25; revised |
| 13 | | 11-26-24.)
|
| 14 | | Section 5-800. The Department of Transportation Law of the |
| 15 | | Civil Administrative Code of Illinois is amended by changing |
| 16 | | Sections 2705-203 and 2705-440 and by adding Sections |
| 17 | | 2705-592, 2705-594, 2705-596, and 2705-598 as follows:
|
| 18 | | (20 ILCS 2705/2705-203) |
| 19 | | Sec. 2705-203. Transportation asset management plan and |
| 20 | | performance-based programming. |
| 21 | | (a) The General Assembly declares it to be in the public |
| 22 | | interest that a project prioritization process be developed |
| 23 | | and implemented to: improve the efficiency and effectiveness |
| 24 | | of the State's transportation system and transportation |
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| 1 | | safety; enhance movement and multi-modal connections of people |
| 2 | | and goods; mitigate environmental impacts; and promote |
| 3 | | inclusive economic growth throughout the State. |
| 4 | | (b) In accordance with Section 2705-200, the Department of |
| 5 | | Transportation shall develop and publish a statewide |
| 6 | | multi-modal transportation improvement program for all |
| 7 | | transportation facilities under its jurisdiction. The |
| 8 | | development of the program shall use the following methods: |
| 9 | | (1) use transportation system information to make |
| 10 | | investment and policy decisions to achieve statewide and |
| 11 | | regional performance goals established in the State's |
| 12 | | long-range transportation plan; |
| 13 | | (2) ensure transportation investment decisions emerge |
| 14 | | from an objective and quantifiable technical analysis; |
| 15 | | (3) evaluate the need and financial support necessary |
| 16 | | for maintaining, expanding, and modernizing existing |
| 17 | | transportation infrastructure; |
| 18 | | (4) ensure that all State transportation funds |
| 19 | | invested are directed to support progress toward the |
| 20 | | achievement of performance targets established in the |
| 21 | | State's long-range transportation plan; |
| 22 | | (5) make investment decisions transparent and |
| 23 | | accessible to the public; |
| 24 | | (6) consider emissions and increase infrastructure |
| 25 | | resilience to climate change; and |
| 26 | | (7) reduce disparities in transportation system |
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| 1 | | performance experienced by racially marginalized |
| 2 | | communities, low-income to moderate-income consumers, and |
| 3 | | other disadvantaged groups and populations identified |
| 4 | | under the Environmental Justice Act. |
| 5 | | (c) The Department shall develop a risk-based, statewide |
| 6 | | highway system asset management plan in accordance with 23 |
| 7 | | U.S.C. 119 and 23 CFR Part 515 to preserve and improve the |
| 8 | | condition of highway and bridge assets and enhance the |
| 9 | | performance of the system while minimizing the life-cycle |
| 10 | | cost. The asset management plan shall be made publicly |
| 11 | | available on the Department's website. |
| 12 | | (d) The Department shall develop a needs-based transit |
| 13 | | asset management plan for State-supported public |
| 14 | | transportation assets, including vehicles, facilities, |
| 15 | | equipment, and other infrastructure in accordance with 49 CFR |
| 16 | | Part 625. The goal of the transit asset management plan is to |
| 17 | | preserve and modernize capital transit assets that will |
| 18 | | enhance the performance of the transit system. Federally |
| 19 | | required transit asset management plans developed by the |
| 20 | | Northern Illinois Transit Authority Regional Transportation |
| 21 | | Authority (RTA) or Service Boards service boards, as defined |
| 22 | | in Section 1.03 of the Northern Illinois Transit Regional |
| 23 | | Transportation Authority Act, shall become the transportation |
| 24 | | asset management plans for all public transportation assets |
| 25 | | owned and operated by the Service Boards service boards. The |
| 26 | | Department's transit asset management plan shall be made |
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| 1 | | publicly available on the Department's website. The Northern |
| 2 | | Illinois Transit Authority RTA shall be responsible for making |
| 3 | | public transit asset management plans for its service area |
| 4 | | publicly available. |
| 5 | | (e) The Department shall develop a performance-based |
| 6 | | project selection process to prioritize taxpayer investment in |
| 7 | | State-owned transportation assets that add capacity. The goal |
| 8 | | of the process is to select projects through an evaluation |
| 9 | | process. This process shall provide the ability to prioritize |
| 10 | | projects based on geographic regions. The Department shall |
| 11 | | solicit input from localities, metropolitan planning |
| 12 | | organizations, transit authorities, transportation |
| 13 | | authorities, representatives of labor and private businesses, |
| 14 | | the public, community-based organizations, and other |
| 15 | | stakeholders in its development of the prioritization process |
| 16 | | pursuant to this subsection. |
| 17 | | The selection process shall include a defined public |
| 18 | | process by which candidate projects are evaluated and |
| 19 | | selected. The process shall include both a quantitative |
| 20 | | analysis of the evaluation factors and qualitative review by |
| 21 | | the Department. The Department may apply different weights to |
| 22 | | the performance measures based on regional geography or |
| 23 | | project type. Projects selected as part of the process will be |
| 24 | | considered for inclusion in the State's multi-year |
| 25 | | transportation program and the annual element of the |
| 26 | | multi-year program. Starting April 1, 2022, no new capacity |
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| 1 | | project shall be included in the multi-year transportation |
| 2 | | plan or annual element without being evaluated under the |
| 3 | | selection process described in this Section. Existing projects |
| 4 | | in the multi-year highway improvement program may be included |
| 5 | | regardless of the outcome of using the performance-based |
| 6 | | project selection tool. The policies that guide the |
| 7 | | performance-based project selection process shall be derived |
| 8 | | from State and regional long-range transportation plans. The |
| 9 | | Department shall certify that it is making progress toward the |
| 10 | | goals included in the State's long-range transportation plan. |
| 11 | | All plan and program development based on the project |
| 12 | | selection process described in this subsection shall include |
| 13 | | consideration of regional balance. The selection process shall |
| 14 | | be based on an objective and quantifiable analysis that |
| 15 | | considers, at a minimum, the goals identified in the |
| 16 | | long-range transportation plan and shall: |
| 17 | | (1) consider emissions and increase infrastructure |
| 18 | | resilience due to climate change; and |
| 19 | | (2) reduce disparities in transportation system |
| 20 | | performance experienced by racially marginalized |
| 21 | | communities, low-income to moderate-income consumers, and |
| 22 | | other disadvantaged groups and populations identified |
| 23 | | under the Environmental Justice Act; and . |
| 24 | | (3) evaluate project potential for mode shift away |
| 25 | | from single-occupancy vehicles and commercial motor |
| 26 | | vehicles. |
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| 1 | | (f) The prioritization process developed under subsection |
| 2 | | (e) may apply only to State jurisdiction projects and not to: |
| 3 | | (1) projects funded by the Congestion Mitigation and |
| 4 | | Air Quality Improvement funds apportioned to the State |
| 5 | | pursuant to 23 U.S.C. 104(b)(4) and State matching funds; |
| 6 | | (2) projects funded by the Highway Safety Improvement |
| 7 | | Program funds apportioned to the State pursuant to 23 |
| 8 | | U.S.C. 104(b)(3) and State matching funds; |
| 9 | | (3) projects funded by the Transportation Alternatives |
| 10 | | funds set-aside pursuant to 23 U.S.C. 133(h) and State |
| 11 | | matching funds; |
| 12 | | (4) projects funded by the National Highway Freight |
| 13 | | Program pursuant to 23 U.S.C. 167 and State matching |
| 14 | | funds; |
| 15 | | (5) funds to be allocated to urban areas based on |
| 16 | | population under federal law; and |
| 17 | | (6) any new federal program that requires competitive |
| 18 | | selection, distribution to local public agencies, or |
| 19 | | specific eligibility. |
| 20 | | (g) A summary of the project evaluation process, measures, |
| 21 | | program, and scores for all candidate projects shall be |
| 22 | | published on the Department website in a timely manner. |
| 23 | | (Source: P.A. 102-573, eff. 8-24-21.)
|
| 24 | | (20 ILCS 2705/2705-440) (was 20 ILCS 2705/49.25h) |
| 25 | | Sec. 2705-440. Intercity Rail Service. |
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| 1 | | (a) For the purposes of providing intercity railroad |
| 2 | | passenger service within this State and throughout the United |
| 3 | | States, the Department is authorized to enter into agreements |
| 4 | | with any state, state agency, unit units of local government |
| 5 | | or political subdivision subdivisions, the Commuter Rail |
| 6 | | Division of the Northern Illinois Transit Regional |
| 7 | | Transportation Authority (or a public corporation on behalf of |
| 8 | | that Division), architecture or engineering firm firms, the |
| 9 | | National Railroad Passenger Corporation, any carrier, or any |
| 10 | | individual, corporation, partnership, or public or private |
| 11 | | entity. The cost related to such services shall be borne in |
| 12 | | such proportion as, by agreement or contract the parties may |
| 13 | | desire. |
| 14 | | (b) In providing any intercity railroad passenger service |
| 15 | | as provided in this Section, the Department shall have the |
| 16 | | following additional powers: |
| 17 | | (1) to enter into trackage use agreements with rail |
| 18 | | carriers; |
| 19 | | (1.5) to freely lease or otherwise contract for any |
| 20 | | purpose any of the locomotives, passenger railcars, and |
| 21 | | other rolling stock equipment or accessions to any state |
| 22 | | or state agency, public or private entity, or quasi-public |
| 23 | | entities; |
| 24 | | (2) to enter into haulage agreements with rail |
| 25 | | carriers; |
| 26 | | (3) to lease or otherwise contract for use, |
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| 1 | | maintenance, servicing, and repair of any needed |
| 2 | | locomotives, rolling stock, stations, or other facilities, |
| 3 | | the lease or contract having a term not to exceed 50 years |
| 4 | | (but any multi-year contract shall recite that the |
| 5 | | contract is subject to termination and cancellation, |
| 6 | | without any penalty, acceleration payment, or other |
| 7 | | recoupment mechanism, in any fiscal year for which the |
| 8 | | General Assembly fails to make an adequate appropriation |
| 9 | | to cover the contract obligation); |
| 10 | | (4) to enter into management agreements; |
| 11 | | (5) to include in any contract indemnification of |
| 12 | | carriers or other parties for any liability with regard to |
| 13 | | intercity railroad passenger service; |
| 14 | | (6) to obtain insurance for any losses or claims with |
| 15 | | respect to the service; |
| 16 | | (7) to promote the use of the service; |
| 17 | | (8) to make grants to any body politic and corporate, |
| 18 | | any unit of local government, or the Commuter Rail |
| 19 | | Division of the Northern Illinois Transit Regional |
| 20 | | Transportation Authority to cover all or any part of any |
| 21 | | capital or operating costs of the service and to enter |
| 22 | | into agreements with respect to those grants; |
| 23 | | (9) to set any fares or make other regulations with |
| 24 | | respect to the service, consistent with any contracts for |
| 25 | | the service; and |
| 26 | | (10) to otherwise enter into any contracts necessary |
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| 1 | | or convenient to provide rail services, operate or |
| 2 | | maintain locomotives, passenger railcars, and other |
| 3 | | rolling stock equipment or accessions, including the lease |
| 4 | | or use of such locomotives, railcars, equipment, or |
| 5 | | accessions. |
| 6 | | (c) All service provided under this Section shall be |
| 7 | | exempt from all regulations by the Illinois Commerce |
| 8 | | Commission (other than for safety matters). To the extent the |
| 9 | | service is provided by the Commuter Rail Division of the |
| 10 | | Regional Transportation Authority (or a public corporation on |
| 11 | | behalf of that Division), it shall be exempt from safety |
| 12 | | regulations of the Illinois Commerce Commission to the extent |
| 13 | | the Commuter Rail Division adopts its own safety regulations. |
| 14 | | (d) In connection with any powers exercised under this |
| 15 | | Section, the Department |
| 16 | | (1) shall not have the power of eminent domain; and |
| 17 | | (2) shall not directly operate any railroad service |
| 18 | | with its own employees. |
| 19 | | (e) Any contract with the Commuter Rail Division of the |
| 20 | | Northern Illinois Transit Regional Transportation Authority |
| 21 | | (or a public corporation on behalf of the Division) under this |
| 22 | | Section shall provide that all costs in excess of revenue |
| 23 | | received by the Division generated from intercity rail service |
| 24 | | provided by the Division shall be fully borne by the |
| 25 | | Department, and no funds for operation of commuter rail |
| 26 | | service shall be used, directly or indirectly, or for any |
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| 1 | | period of time, to subsidize the intercity rail operation. If |
| 2 | | at any time the Division does not have sufficient funds |
| 3 | | available to satisfy the requirements of this Section, the |
| 4 | | Division shall forthwith terminate the operation of intercity |
| 5 | | rail service. The payments made by the Department to the |
| 6 | | Division for the intercity rail passenger service shall not be |
| 7 | | made in excess of those costs or as a subsidy for costs of |
| 8 | | commuter rail operations. This shall not prevent the contract |
| 9 | | from providing for efficient coordination of service and |
| 10 | | facilities to promote cost effective operations of both |
| 11 | | intercity rail passenger service and commuter rail services |
| 12 | | with cost allocations as provided in this paragraph. |
| 13 | | (f) Whenever the Department enters into an agreement with |
| 14 | | any carrier for the Department's payment of such railroad |
| 15 | | required maintenance expenses necessary for intercity |
| 16 | | passenger service, the Department may deposit such required |
| 17 | | maintenance funds into an escrow account. Whenever the |
| 18 | | Department enters into an agreement with any State or State |
| 19 | | agency, any public or private entity or quasi-public entity |
| 20 | | for the lease, rental or use of locomotives, passenger |
| 21 | | railcars, and other rolling stock equipment or accessions, the |
| 22 | | Department may deposit such receipts into a separate escrow |
| 23 | | account. For purposes of this subsection, "escrow account" an |
| 24 | | escrow account means any fiduciary account established with |
| 25 | | (i) any banking corporation which is both organized under the |
| 26 | | Illinois Banking Act and authorized to accept and administer |
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| 1 | | trusts in this State, or (ii) any national banking association |
| 2 | | which has its principal place of business in this State and |
| 3 | | which also is authorized to accept and administer trusts in |
| 4 | | this State. The funds in any required maintenance escrow |
| 5 | | account may be withdrawn by the carrier or entity in control of |
| 6 | | the railroad being maintained, only with the consent of the |
| 7 | | Department, pursuant to a written maintenance agreement and |
| 8 | | pursuant to a maintenance plan that shall be updated each |
| 9 | | year. The funds in an escrow account holding lease payments, |
| 10 | | use fees, or rental payments may be withdrawn by the |
| 11 | | Department, only with the consent of the Midwest Fleet Pool |
| 12 | | Board and deposited into the High-Speed Rail Rolling Stock |
| 13 | | Fund. The moneys deposited in the escrow accounts shall be |
| 14 | | invested and reinvested, pursuant to the direction of the |
| 15 | | Department, in bonds and other interest bearing obligations of |
| 16 | | this State, or in such accounts, certificates, bills, |
| 17 | | obligations, shares, pools, or other securities as are |
| 18 | | authorized for the investment of public funds under the Public |
| 19 | | Funds Investment Act. Escrow accounts created under this |
| 20 | | subsection shall not have terms that exceed 20 years. At the |
| 21 | | end of the term of an escrow account holding lease payments, |
| 22 | | use fees, or rental payments, the remaining balance shall be |
| 23 | | deposited in the High-Speed Rail Rolling Stock Fund, a special |
| 24 | | fund that is created in the State treasury Treasury. Moneys in |
| 25 | | the High-Speed Rail Rolling Stock Fund may be used for any |
| 26 | | purpose related to locomotives, passenger railcars, and other |
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| 1 | | rolling stock equipment. The Department shall prepare a report |
| 2 | | for presentation to the Comptroller and the Treasurer each |
| 3 | | year that shows the amounts deposited and withdrawn, the |
| 4 | | purposes for withdrawal, the balance, and the amounts derived |
| 5 | | from investment. |
| 6 | | (g) Whenever the Department enters into an agreement with |
| 7 | | any carrier, State or State agency, any public or private |
| 8 | | entity, or quasi-public entity for costs related to |
| 9 | | procurement and maintenance of locomotives, passenger |
| 10 | | railcars, and other rolling stock equipment or accessions, the |
| 11 | | Department shall deposit such receipts into the High-Speed |
| 12 | | Rail Rolling Stock Fund. Additionally, the Department may make |
| 13 | | payments into the High-Speed Rail Rolling Stock Fund for the |
| 14 | | State's share of the costs related to locomotives, passenger |
| 15 | | railcars, and other rolling stock equipment. |
| 16 | | (Source: P.A. 103-707, eff. 1-1-25; revised 11-22-24.)
|
| 17 | | (20 ILCS 2705/2705-592 new) |
| 18 | | Sec. 2705-592. Bus rapid transit and related technologies. |
| 19 | | To improve public transportation service across the State, the |
| 20 | | Department, the Illinois State Toll Highway Authority, and |
| 21 | | counties and municipalities shall collaborate with and provide |
| 22 | | support to the Northern Illinois Transit Authority and other |
| 23 | | public transit providers in the implementation of bus rapid |
| 24 | | transit and bus priority service using the expressway, |
| 25 | | tollway, and other roadway systems. The Department, in |
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| 1 | | cooperation with the Northern Illinois Transit Authority, |
| 2 | | other public transit providers, the Illinois State Toll |
| 3 | | Highway Authority, and counties and municipalities, shall |
| 4 | | evaluate and refine technologies and operations approaches to |
| 5 | | bus rapid transit and bus priority operations and make |
| 6 | | recommendations to the Northern Illinois Transit Authority and |
| 7 | | other public transit providers. The Department shall work with |
| 8 | | public transit providers to research, evaluate, and, where |
| 9 | | appropriate, implement vehicle infrastructure, intelligent |
| 10 | | transportation systems, and other technologies to improve the |
| 11 | | quality and safety of public transportation on roadway |
| 12 | | systems.
|
| 13 | | (20 ILCS 2705/2705-594 new) |
| 14 | | Sec. 2705-594. Transit Integration Policy Development |
| 15 | | Committee. |
| 16 | | (a) The Transit Integration Policy Development Committee |
| 17 | | is created within the Department to better integrate transit |
| 18 | | policy, planning, and design into Department decisions and |
| 19 | | highway planning and design. The Committee shall consist of |
| 20 | | the following members: |
| 21 | | (1) the Secretary or the Secretary's designee; |
| 22 | | (2) representatives of the Department that are |
| 23 | | involved in highway or intermodal project implementation, |
| 24 | | design, planning, or programming, as designated by the |
| 25 | | Secretary; and |
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| 1 | | (3) transportation experts from outside the |
| 2 | | Department, including, but not limited to, staff of a |
| 3 | | metropolitan planning organization or local transportation |
| 4 | | department, as designated by the Secretary. |
| 5 | | (b) The Committee shall recommend new policies and |
| 6 | | processes or shall review and recommend revisions to existing |
| 7 | | policies and processes for: |
| 8 | | (1) identifying existing, planned, and potential |
| 9 | | future transit corridors; |
| 10 | | (2) soliciting in a timely fashion and evaluating |
| 11 | | feedback from local transit agencies and local governments |
| 12 | | as it pertains to Department projects on existing, |
| 13 | | planned, and potential future transit corridors; |
| 14 | | (3) coordinating with local transit authorities, |
| 15 | | intercity bus operators, and local governments on the |
| 16 | | delivery of bus priority projects; |
| 17 | | (4) incorporating designing for transit vehicles and |
| 18 | | intercity buses on highway projects in the Department's |
| 19 | | Design and Environment Manual, including design to |
| 20 | | facilitate bus-on-shoulder operations; and |
| 21 | | (5) developing a cost and maintenance policy for |
| 22 | | construction and maintenance of future facilities in |
| 23 | | partnership with transit agencies. |
| 24 | | (c) The Committee shall research global best practices on |
| 25 | | optimizing roadways for public transportation services. |
| 26 | | (d) The Committee shall consult with highway and transit |
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| 1 | | experts, transit users, and other individuals and groups with |
| 2 | | knowledge and experience on how to optimize roadways for |
| 3 | | public transportation service. |
| 4 | | (e) The Department shall implement policies and processes |
| 5 | | based on recommendations developed by the Transit Integration |
| 6 | | Policy Development Committee under subsection (b) and shall |
| 7 | | publish, by January 1, 2027, a report on the modifications to |
| 8 | | the Department's policies and procedures based on input from |
| 9 | | the Transit Integration Policy Development Committee. The |
| 10 | | report shall include the Department's identification of |
| 11 | | statutory provisions that the Department believes make it |
| 12 | | difficult or impossible for the Department to implement its |
| 13 | | recommended best practices for optimizing its highways for |
| 14 | | public transit service and users. |
| 15 | | (f) The Transit Integration Policy Development Committee |
| 16 | | shall review and evaluate the Department's implementation of |
| 17 | | policies and processes created or revised under subsection |
| 18 | | (f). The Committee shall publish a report on the status of the |
| 19 | | Department's implementation of these policies and procedures |
| 20 | | by January 1, 2030. |
| 21 | | (g) This Section is repealed January 1, 2030.
|
| 22 | | (20 ILCS 2705/2705-596 new) |
| 23 | | Sec. 2705-596. Transit Coordination Oversight Officer. |
| 24 | | (a) Within 12 months after the effective date of this |
| 25 | | amendatory Act of the 104th General Assembly and until January |
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| 1 | | 1, 2030, the Secretary shall designate a Transit Coordination |
| 2 | | Oversight Officer within the Department. The Transit |
| 3 | | Coordination Oversight Officer shall be tasked with the |
| 4 | | following: |
| 5 | | (1) overseeing the Department's implementation of the |
| 6 | | policies and processes recommended by the Transit |
| 7 | | Integration Policy Development Committee; |
| 8 | | (2) leading coordination across the Department to |
| 9 | | publish the Department's reports outlined in Section |
| 10 | | 2705-594 of this Code; and |
| 11 | | (3) liaising with transit agencies, metropolitan |
| 12 | | planning organizations, and members of the public to |
| 13 | | solicit and evaluate feedback on the Department's |
| 14 | | implementation of transit-related policies and processes. |
| 15 | | (b) Beginning January 1, 2030, the Department may employ a |
| 16 | | Transit Coordination Oversight Officer.
|
| 17 | | (20 ILCS 2705/2705-598 new) |
| 18 | | Sec. 2705-598. Planning study on improvements needed at |
| 19 | | the Joliet train station. The Department shall conduct a |
| 20 | | planning study on improvements needed at the Joliet train |
| 21 | | station for potential extensions of passenger rail service to |
| 22 | | Peoria and other locations outside of the counties of Cook, |
| 23 | | DuPage, Kane, Lake, McHenry, and Will.
|
| 24 | | Section 5-805. The Illinois Procurement Code is amended by |
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| 1 | | adding Section 20-25.3 as follows:
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| 2 | | (30 ILCS 500/20-25.3 new) |
| 3 | | Sec. 20-25.3. Procurement of transition consultant by the |
| 4 | | Department of Transportation. |
| 5 | | (a) Notwithstanding any other provision of this Code or |
| 6 | | any law to the contrary, the Department of Transportation |
| 7 | | shall identify a method of source selection that will make it |
| 8 | | possible to procure and contract with a consultant to assist |
| 9 | | with the transition from the Regional Transportation Authority |
| 10 | | to the Northern Illinois Transit Authority as set out in |
| 11 | | Section 1.04. The source selection method identified by the |
| 12 | | Department of Transportation is not limited to those otherwise |
| 13 | | set forth in this Code. The transition consultant shall assist |
| 14 | | the Department of Transportation and the interim Northern |
| 15 | | Illinois Transit Authority Board to develop a transition plan, |
| 16 | | including the transition of functions between the Service |
| 17 | | Boards and the Authority, the evaluation of existing policy |
| 18 | | processes, and the development of a process for efficient and |
| 19 | | effective operations by both the Northern Illinois Transit |
| 20 | | Authority and the Service Boards. |
| 21 | | (b) The method of source selection shall be by an |
| 22 | | expedited, competitive process approved by the Chief |
| 23 | | Procurement Officer appointed under paragraph (4) of |
| 24 | | subsection (a) of Section 10-20. |
| 25 | | (c) All potential contractors shall be registered in the |
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| 1 | | Illinois Procurement Gateway vendor portal prior to contract |
| 2 | | execution. |
| 3 | | (d) Except for Sections 5-5, 5-7, 10-10, 20-75, 20-80, |
| 4 | | 20-120, 20-155, 20-160, and 25-60, paragraph (5) of subsection |
| 5 | | (b) of Section 15-25, and Article 50 and any rules adopted |
| 6 | | under those Sections and Article, this Code does not apply to |
| 7 | | procurements required by this Section, notwithstanding any |
| 8 | | other provision of this Code or any law to the contrary. |
| 9 | | (e) This Section is inoperative 2 years after the |
| 10 | | effective date of this amendatory Act of the 104th General |
| 11 | | Assembly.
|
| 12 | | Section 5-810. The Illinois Income Tax Act is amended by |
| 13 | | changing Sections 203 and 901 as follows:
|
| 14 | | (35 ILCS 5/203) (from Ch. 120, par. 2-203) |
| 15 | | Sec. 203. Base income defined. |
| 16 | | (a) Individuals. |
| 17 | | (1) In general. In the case of an individual, base |
| 18 | | income means an amount equal to the taxpayer's adjusted |
| 19 | | gross income for the taxable year as modified by paragraph |
| 20 | | (2). |
| 21 | | (2) Modifications. The adjusted gross income referred |
| 22 | | to in paragraph (1) shall be modified by adding thereto |
| 23 | | the sum of the following amounts: |
| 24 | | (A) An amount equal to all amounts paid or accrued |
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| 1 | | to the taxpayer as interest or dividends during the |
| 2 | | taxable year to the extent excluded from gross income |
| 3 | | in the computation of adjusted gross income, except |
| 4 | | stock dividends of qualified public utilities |
| 5 | | described in Section 305(e) of the Internal Revenue |
| 6 | | Code; |
| 7 | | (B) An amount equal to the amount of tax imposed by |
| 8 | | this Act to the extent deducted from gross income in |
| 9 | | the computation of adjusted gross income for the |
| 10 | | taxable year; |
| 11 | | (C) An amount equal to the amount received during |
| 12 | | the taxable year as a recovery or refund of real |
| 13 | | property taxes paid with respect to the taxpayer's |
| 14 | | principal residence under the Revenue Act of 1939 and |
| 15 | | for which a deduction was previously taken under |
| 16 | | subparagraph (L) of this paragraph (2) prior to July |
| 17 | | 1, 1991, the retrospective application date of Article |
| 18 | | 4 of Public Act 87-17. In the case of multi-unit or |
| 19 | | multi-use structures and farm dwellings, the taxes on |
| 20 | | the taxpayer's principal residence shall be that |
| 21 | | portion of the total taxes for the entire property |
| 22 | | which is attributable to such principal residence; |
| 23 | | (D) An amount equal to the amount of the capital |
| 24 | | gain deduction allowable under the Internal Revenue |
| 25 | | Code, to the extent deducted from gross income in the |
| 26 | | computation of adjusted gross income; |
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| 1 | | (D-5) An amount, to the extent not included in |
| 2 | | adjusted gross income, equal to the amount of money |
| 3 | | withdrawn by the taxpayer in the taxable year from a |
| 4 | | medical care savings account and the interest earned |
| 5 | | on the account in the taxable year of a withdrawal |
| 6 | | pursuant to subsection (b) of Section 20 of the |
| 7 | | Medical Care Savings Account Act or subsection (b) of |
| 8 | | Section 20 of the Medical Care Savings Account Act of |
| 9 | | 2000; |
| 10 | | (D-10) For taxable years ending after December 31, |
| 11 | | 1997, an amount equal to any eligible remediation |
| 12 | | costs that the individual deducted in computing |
| 13 | | adjusted gross income and for which the individual |
| 14 | | claims a credit under subsection (l) of Section 201; |
| 15 | | (D-15) For taxable years 2001 and thereafter, an |
| 16 | | amount equal to the bonus depreciation deduction taken |
| 17 | | on the taxpayer's federal income tax return for the |
| 18 | | taxable year under subsection (k) of Section 168 of |
| 19 | | the Internal Revenue Code; |
| 20 | | (D-16) If the taxpayer sells, transfers, abandons, |
| 21 | | or otherwise disposes of property for which the |
| 22 | | taxpayer was required in any taxable year to make an |
| 23 | | addition modification under subparagraph (D-15), then |
| 24 | | an amount equal to the aggregate amount of the |
| 25 | | deductions taken in all taxable years under |
| 26 | | subparagraph (Z) with respect to that property. |
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| 1 | | If the taxpayer continues to own property through |
| 2 | | the last day of the last tax year for which a |
| 3 | | subtraction is allowed with respect to that property |
| 4 | | under subparagraph (Z) and for which the taxpayer was |
| 5 | | allowed in any taxable year to make a subtraction |
| 6 | | modification under subparagraph (Z), then an amount |
| 7 | | equal to that subtraction modification. |
| 8 | | The taxpayer is required to make the addition |
| 9 | | modification under this subparagraph only once with |
| 10 | | respect to any one piece of property; |
| 11 | | (D-17) An amount equal to the amount otherwise |
| 12 | | allowed as a deduction in computing base income for |
| 13 | | interest paid, accrued, or incurred, directly or |
| 14 | | indirectly, (i) for taxable years ending on or after |
| 15 | | December 31, 2004, to a foreign person who would be a |
| 16 | | member of the same unitary business group but for the |
| 17 | | fact that foreign person's business activity outside |
| 18 | | the United States is 80% or more of the foreign |
| 19 | | person's total business activity and (ii) for taxable |
| 20 | | years ending on or after December 31, 2008, to a person |
| 21 | | who would be a member of the same unitary business |
| 22 | | group but for the fact that the person is prohibited |
| 23 | | under Section 1501(a)(27) from being included in the |
| 24 | | unitary business group because he or she is ordinarily |
| 25 | | required to apportion business income under different |
| 26 | | subsections of Section 304. The addition modification |
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| 1 | | required by this subparagraph shall be reduced to the |
| 2 | | extent that dividends were included in base income of |
| 3 | | the unitary group for the same taxable year and |
| 4 | | received by the taxpayer or by a member of the |
| 5 | | taxpayer's unitary business group (including amounts |
| 6 | | included in gross income under Sections 951 through |
| 7 | | 964 of the Internal Revenue Code and amounts included |
| 8 | | in gross income under Section 78 of the Internal |
| 9 | | Revenue Code) with respect to the stock of the same |
| 10 | | person to whom the interest was paid, accrued, or |
| 11 | | incurred. For taxable years ending on and after |
| 12 | | December 31, 2025, for purposes of applying this |
| 13 | | paragraph in the case of a taxpayer to which Section |
| 14 | | 163(j) of the Internal Revenue Code applies for the |
| 15 | | taxable year, the reduction in the amount of interest |
| 16 | | for which a deduction is allowed by reason of Section |
| 17 | | 163(j) shall be treated as allocable first to persons |
| 18 | | who are not foreign persons referred to in this |
| 19 | | paragraph and then to such foreign persons. |
| 20 | | For taxable years ending before December 31, 2025, |
| 21 | | this paragraph shall not apply to the following: |
| 22 | | (i) an item of interest paid, accrued, or |
| 23 | | incurred, directly or indirectly, to a person who |
| 24 | | is subject in a foreign country or state, other |
| 25 | | than a state which requires mandatory unitary |
| 26 | | reporting, to a tax on or measured by net income |
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| 1 | | with respect to such interest; or |
| 2 | | (ii) an item of interest paid, accrued, or |
| 3 | | incurred, directly or indirectly, to a person if |
| 4 | | the taxpayer can establish, based on a |
| 5 | | preponderance of the evidence, both of the |
| 6 | | following: |
| 7 | | (a) the person, during the same taxable |
| 8 | | year, paid, accrued, or incurred, the interest |
| 9 | | to a person that is not a related member, and |
| 10 | | (b) the transaction giving rise to the |
| 11 | | interest expense between the taxpayer and the |
| 12 | | person did not have as a principal purpose the |
| 13 | | avoidance of Illinois income tax, and is paid |
| 14 | | pursuant to a contract or agreement that |
| 15 | | reflects an arm's-length interest rate and |
| 16 | | terms; or |
| 17 | | (iii) the taxpayer can establish, based on |
| 18 | | clear and convincing evidence, that the interest |
| 19 | | paid, accrued, or incurred relates to a contract |
| 20 | | or agreement entered into at arm's-length rates |
| 21 | | and terms and the principal purpose for the |
| 22 | | payment is not federal or Illinois tax avoidance; |
| 23 | | or |
| 24 | | (iv) an item of interest paid, accrued, or |
| 25 | | incurred, directly or indirectly, to a person if |
| 26 | | the taxpayer establishes by clear and convincing |
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| 1 | | evidence that the adjustments are unreasonable; or |
| 2 | | if the taxpayer and the Director agree in writing |
| 3 | | to the application or use of an alternative method |
| 4 | | of apportionment under Section 304(f). |
| 5 | | For taxable years ending on or after December 31, |
| 6 | | 2025, this paragraph shall not apply to the following: |
| 7 | | (i) an item of interest paid, accrued, or |
| 8 | | incurred, directly or indirectly, to a person if |
| 9 | | the taxpayer can establish, based on a |
| 10 | | preponderance of the evidence, both of the |
| 11 | | following: |
| 12 | | (a) the person, during the same taxable |
| 13 | | year, paid, accrued, or incurred, the interest |
| 14 | | to a person that is not a related member, and |
| 15 | | (b) the transaction giving rise to the |
| 16 | | interest expense between the taxpayer and the |
| 17 | | person did not have as a principal purpose the |
| 18 | | avoidance of Illinois income tax and is paid |
| 19 | | pursuant to a contract or agreement that |
| 20 | | reflects an arm's-length interest rate and |
| 21 | | terms; or |
| 22 | | (ii) an item of interest paid, accrued, or |
| 23 | | incurred, directly or indirectly, to a person if |
| 24 | | the taxpayer establishes by clear and convincing |
| 25 | | evidence that the adjustments are unreasonable; or |
| 26 | | if the taxpayer and the Director agree in writing |
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| 1 | | to the application or use of an alternative method |
| 2 | | of apportionment under Section 304(f). |
| 3 | | Nothing in this subsection shall preclude the |
| 4 | | Director from making any other adjustment otherwise |
| 5 | | allowed under Section 404 of this Act for any tax year |
| 6 | | beginning after the effective date of this amendment |
| 7 | | provided such adjustment is made pursuant to |
| 8 | | regulation adopted by the Department and such |
| 9 | | regulations provide methods and standards by which the |
| 10 | | Department will utilize its authority under Section |
| 11 | | 404 of this Act; |
| 12 | | (D-18) An amount equal to the amount of intangible |
| 13 | | expenses and costs otherwise allowed as a deduction in |
| 14 | | computing base income, and that were paid, accrued, or |
| 15 | | incurred, directly or indirectly, (i) for taxable |
| 16 | | years ending on or after December 31, 2004, to a |
| 17 | | foreign person who would be a member of the same |
| 18 | | unitary business group but for the fact that the |
| 19 | | foreign person's business activity outside the United |
| 20 | | States is 80% or more of that person's total business |
| 21 | | activity and (ii) for taxable years ending on or after |
| 22 | | December 31, 2008, to a person who would be a member of |
| 23 | | the same unitary business group but for the fact that |
| 24 | | the person is prohibited under Section 1501(a)(27) |
| 25 | | from being included in the unitary business group |
| 26 | | because he or she is ordinarily required to apportion |
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| 1 | | business income under different subsections of Section |
| 2 | | 304. The addition modification required by this |
| 3 | | subparagraph shall be reduced to the extent that |
| 4 | | dividends were included in base income of the unitary |
| 5 | | group for the same taxable year and received by the |
| 6 | | taxpayer or by a member of the taxpayer's unitary |
| 7 | | business group (including amounts included in gross |
| 8 | | income under Sections 951 through 964 of the Internal |
| 9 | | Revenue Code and amounts included in gross income |
| 10 | | under Section 78 of the Internal Revenue Code) with |
| 11 | | respect to the stock of the same person to whom the |
| 12 | | intangible expenses and costs were directly or |
| 13 | | indirectly paid, incurred, or accrued. The preceding |
| 14 | | sentence does not apply to the extent that the same |
| 15 | | dividends caused a reduction to the addition |
| 16 | | modification required under Section 203(a)(2)(D-17) of |
| 17 | | this Act. As used in this subparagraph, the term |
| 18 | | "intangible expenses and costs" includes (1) expenses, |
| 19 | | losses, and costs for, or related to, the direct or |
| 20 | | indirect acquisition, use, maintenance or management, |
| 21 | | ownership, sale, exchange, or any other disposition of |
| 22 | | intangible property; (2) losses incurred, directly or |
| 23 | | indirectly, from factoring transactions or discounting |
| 24 | | transactions; (3) royalty, patent, technical, and |
| 25 | | copyright fees; (4) licensing fees; and (5) other |
| 26 | | similar expenses and costs. For purposes of this |
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| 1 | | subparagraph, "intangible property" includes patents, |
| 2 | | patent applications, trade names, trademarks, service |
| 3 | | marks, copyrights, mask works, trade secrets, and |
| 4 | | similar types of intangible assets. |
| 5 | | For taxable years ending before December 31, 2025, |
| 6 | | this paragraph shall not apply to the following: |
| 7 | | (i) any item of intangible expenses or costs |
| 8 | | paid, accrued, or incurred, directly or |
| 9 | | indirectly, from a transaction with a person who |
| 10 | | is subject in a foreign country or state, other |
| 11 | | than a state which requires mandatory unitary |
| 12 | | reporting, to a tax on or measured by net income |
| 13 | | with respect to such item; or |
| 14 | | (ii) any item of intangible expense or cost |
| 15 | | paid, accrued, or incurred, directly or |
| 16 | | indirectly, if the taxpayer can establish, based |
| 17 | | on a preponderance of the evidence, both of the |
| 18 | | following: |
| 19 | | (a) the person during the same taxable |
| 20 | | year paid, accrued, or incurred, the |
| 21 | | intangible expense or cost to a person that is |
| 22 | | not a related member, and |
| 23 | | (b) the transaction giving rise to the |
| 24 | | intangible expense or cost between the |
| 25 | | taxpayer and the person did not have as a |
| 26 | | principal purpose the avoidance of Illinois |
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| 1 | | income tax, and is paid pursuant to a contract |
| 2 | | or agreement that reflects arm's-length terms; |
| 3 | | or |
| 4 | | (iii) any item of intangible expense or cost |
| 5 | | paid, accrued, or incurred, directly or |
| 6 | | indirectly, from a transaction with a person if |
| 7 | | the taxpayer establishes by clear and convincing |
| 8 | | evidence, that the adjustments are unreasonable; |
| 9 | | or if the taxpayer and the Director agree in |
| 10 | | writing to the application or use of an |
| 11 | | alternative method of apportionment under Section |
| 12 | | 304(f); |
| 13 | | For taxable years ending on or after December 31, |
| 14 | | 2025, this paragraph shall not apply to the following: |
| 15 | | (i) any item of intangible expense or cost |
| 16 | | paid, accrued, or incurred, directly or |
| 17 | | indirectly, if the taxpayer can establish, based |
| 18 | | on a preponderance of the evidence, both of the |
| 19 | | following: |
| 20 | | (a) the person during the same taxable |
| 21 | | year paid, accrued, or incurred, the |
| 22 | | intangible expense or cost to a person that is |
| 23 | | not a related member, and |
| 24 | | (b) the transaction giving rise to the |
| 25 | | intangible expense or cost between the |
| 26 | | taxpayer and the person did not have as a |
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| 1 | | principal purpose the avoidance of Illinois |
| 2 | | income tax, and is paid pursuant to a contract |
| 3 | | or agreement that reflects arm's-length terms; |
| 4 | | or |
| 5 | | (ii) any item of intangible expense or cost |
| 6 | | paid, accrued, or incurred, directly or |
| 7 | | indirectly, from a transaction with a person if |
| 8 | | the taxpayer establishes by clear and convincing |
| 9 | | evidence, that the adjustments are unreasonable; |
| 10 | | or if the taxpayer and the Director agree in |
| 11 | | writing to the application or use of an |
| 12 | | alternative method of apportionment under Section |
| 13 | | 304(f). |
| 14 | | Nothing in this subsection shall preclude the |
| 15 | | Director from making any other adjustment otherwise |
| 16 | | allowed under Section 404 of this Act for any tax year |
| 17 | | beginning after the effective date of this amendment |
| 18 | | provided such adjustment is made pursuant to |
| 19 | | regulation adopted by the Department and such |
| 20 | | regulations provide methods and standards by which the |
| 21 | | Department will utilize its authority under Section |
| 22 | | 404 of this Act; |
| 23 | | (D-19) For taxable years ending on or after |
| 24 | | December 31, 2008, an amount equal to the amount of |
| 25 | | insurance premium expenses and costs otherwise allowed |
| 26 | | as a deduction in computing base income, and that were |
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| 1 | | paid, accrued, or incurred, directly or indirectly, to |
| 2 | | a person who would be a member of the same unitary |
| 3 | | business group but for the fact that the person is |
| 4 | | prohibited under Section 1501(a)(27) from being |
| 5 | | included in the unitary business group because he or |
| 6 | | she is ordinarily required to apportion business |
| 7 | | income under different subsections of Section 304. The |
| 8 | | addition modification required by this subparagraph |
| 9 | | shall be reduced to the extent that dividends were |
| 10 | | included in base income of the unitary group for the |
| 11 | | same taxable year and received by the taxpayer or by a |
| 12 | | member of the taxpayer's unitary business group |
| 13 | | (including amounts included in gross income under |
| 14 | | Sections 951 through 964 of the Internal Revenue Code |
| 15 | | and amounts included in gross income under Section 78 |
| 16 | | of the Internal Revenue Code) with respect to the |
| 17 | | stock of the same person to whom the premiums and costs |
| 18 | | were directly or indirectly paid, incurred, or |
| 19 | | accrued. The preceding sentence does not apply to the |
| 20 | | extent that the same dividends caused a reduction to |
| 21 | | the addition modification required under Section |
| 22 | | 203(a)(2)(D-17) or Section 203(a)(2)(D-18) of this |
| 23 | | Act; |
| 24 | | (D-20) For taxable years beginning on or after |
| 25 | | January 1, 2002 and ending on or before December 31, |
| 26 | | 2006, in the case of a distribution from a qualified |
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| 1 | | tuition program under Section 529 of the Internal |
| 2 | | Revenue Code, other than (i) a distribution from a |
| 3 | | College Savings Pool created under Section 16.5 of the |
| 4 | | State Treasurer Act or (ii) a distribution from the |
| 5 | | Illinois Prepaid Tuition Trust Fund, an amount equal |
| 6 | | to the amount excluded from gross income under Section |
| 7 | | 529(c)(3)(B). For taxable years beginning on or after |
| 8 | | January 1, 2007, in the case of a distribution from a |
| 9 | | qualified tuition program under Section 529 of the |
| 10 | | Internal Revenue Code, other than (i) a distribution |
| 11 | | from a College Savings Pool created under Section 16.5 |
| 12 | | of the State Treasurer Act, (ii) a distribution from |
| 13 | | the Illinois Prepaid Tuition Trust Fund, or (iii) a |
| 14 | | distribution from a qualified tuition program under |
| 15 | | Section 529 of the Internal Revenue Code that (I) |
| 16 | | adopts and determines that its offering materials |
| 17 | | comply with the College Savings Plans Network's |
| 18 | | disclosure principles and (II) has made reasonable |
| 19 | | efforts to inform in-state residents of the existence |
| 20 | | of in-state qualified tuition programs by informing |
| 21 | | Illinois residents directly and, where applicable, to |
| 22 | | inform financial intermediaries distributing the |
| 23 | | program to inform in-state residents of the existence |
| 24 | | of in-state qualified tuition programs at least |
| 25 | | annually, an amount equal to the amount excluded from |
| 26 | | gross income under Section 529(c)(3)(B). |
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| 1 | | For the purposes of this subparagraph (D-20), a |
| 2 | | qualified tuition program has made reasonable efforts |
| 3 | | if it makes disclosures (which may use the term |
| 4 | | "in-state program" or "in-state plan" and need not |
| 5 | | specifically refer to Illinois or its qualified |
| 6 | | programs by name) (i) directly to prospective |
| 7 | | participants in its offering materials or makes a |
| 8 | | public disclosure, such as a website posting; and (ii) |
| 9 | | where applicable, to intermediaries selling the |
| 10 | | out-of-state program in the same manner that the |
| 11 | | out-of-state program distributes its offering |
| 12 | | materials; |
| 13 | | (D-20.5) For taxable years beginning on or after |
| 14 | | January 1, 2018, in the case of a distribution from a |
| 15 | | qualified ABLE program under Section 529A of the |
| 16 | | Internal Revenue Code, other than a distribution from |
| 17 | | a qualified ABLE program created under Section 16.6 of |
| 18 | | the State Treasurer Act, an amount equal to the amount |
| 19 | | excluded from gross income under Section 529A(c)(1)(B) |
| 20 | | of the Internal Revenue Code; |
| 21 | | (D-21) For taxable years beginning on or after |
| 22 | | January 1, 2007, in the case of transfer of moneys from |
| 23 | | a qualified tuition program under Section 529 of the |
| 24 | | Internal Revenue Code that is administered by the |
| 25 | | State to an out-of-state program, an amount equal to |
| 26 | | the amount of moneys previously deducted from base |
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| 1 | | income under subsection (a)(2)(Y) of this Section; |
| 2 | | (D-21.5) For taxable years beginning on or after |
| 3 | | January 1, 2018, in the case of the transfer of moneys |
| 4 | | from a qualified tuition program under Section 529 or |
| 5 | | a qualified ABLE program under Section 529A of the |
| 6 | | Internal Revenue Code that is administered by this |
| 7 | | State to an ABLE account established under an |
| 8 | | out-of-state ABLE account program, an amount equal to |
| 9 | | the contribution component of the transferred amount |
| 10 | | that was previously deducted from base income under |
| 11 | | subsection (a)(2)(Y) or subsection (a)(2)(HH) of this |
| 12 | | Section; |
| 13 | | (D-22) For taxable years beginning on or after |
| 14 | | January 1, 2009, and prior to January 1, 2018, in the |
| 15 | | case of a nonqualified withdrawal or refund of moneys |
| 16 | | from a qualified tuition program under Section 529 of |
| 17 | | the Internal Revenue Code administered by the State |
| 18 | | that is not used for qualified expenses at an eligible |
| 19 | | education institution, an amount equal to the |
| 20 | | contribution component of the nonqualified withdrawal |
| 21 | | or refund that was previously deducted from base |
| 22 | | income under subsection (a)(2)(y) of this Section, |
| 23 | | provided that the withdrawal or refund did not result |
| 24 | | from the beneficiary's death or disability. For |
| 25 | | taxable years beginning on or after January 1, 2018: |
| 26 | | (1) in the case of a nonqualified withdrawal or |
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| 1 | | refund, as defined under Section 16.5 of the State |
| 2 | | Treasurer Act, of moneys from a qualified tuition |
| 3 | | program under Section 529 of the Internal Revenue Code |
| 4 | | administered by the State, an amount equal to the |
| 5 | | contribution component of the nonqualified withdrawal |
| 6 | | or refund that was previously deducted from base |
| 7 | | income under subsection (a)(2)(Y) of this Section, and |
| 8 | | (2) in the case of a nonqualified withdrawal or refund |
| 9 | | from a qualified ABLE program under Section 529A of |
| 10 | | the Internal Revenue Code administered by the State |
| 11 | | that is not used for qualified disability expenses, an |
| 12 | | amount equal to the contribution component of the |
| 13 | | nonqualified withdrawal or refund that was previously |
| 14 | | deducted from base income under subsection (a)(2)(HH) |
| 15 | | of this Section; |
| 16 | | (D-23) An amount equal to the credit allowable to |
| 17 | | the taxpayer under Section 218(a) of this Act, |
| 18 | | determined without regard to Section 218(c) of this |
| 19 | | Act; |
| 20 | | (D-24) For taxable years ending on or after |
| 21 | | December 31, 2017, an amount equal to the deduction |
| 22 | | allowed under Section 199 of the Internal Revenue Code |
| 23 | | for the taxable year; |
| 24 | | (D-25) In the case of a resident, an amount equal |
| 25 | | to the amount of tax for which a credit is allowed |
| 26 | | pursuant to Section 201(p)(7) of this Act; |
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| 1 | | (D-26) The amount recognized as a net gain for the |
| 2 | | taxable year under the Extremely High Wealth |
| 3 | | Mark-to-Market Tax Act. |
| 4 | | and by deducting from the total so obtained the sum of the |
| 5 | | following amounts: |
| 6 | | (E) For taxable years ending before December 31, |
| 7 | | 2001, any amount included in such total in respect of |
| 8 | | any compensation (including but not limited to any |
| 9 | | compensation paid or accrued to a serviceman while a |
| 10 | | prisoner of war or missing in action) paid to a |
| 11 | | resident by reason of being on active duty in the Armed |
| 12 | | Forces of the United States and in respect of any |
| 13 | | compensation paid or accrued to a resident who as a |
| 14 | | governmental employee was a prisoner of war or missing |
| 15 | | in action, and in respect of any compensation paid to a |
| 16 | | resident in 1971 or thereafter for annual training |
| 17 | | performed pursuant to Sections 502 and 503, Title 32, |
| 18 | | United States Code as a member of the Illinois |
| 19 | | National Guard or, beginning with taxable years ending |
| 20 | | on or after December 31, 2007, the National Guard of |
| 21 | | any other state. For taxable years ending on or after |
| 22 | | December 31, 2001, any amount included in such total |
| 23 | | in respect of any compensation (including but not |
| 24 | | limited to any compensation paid or accrued to a |
| 25 | | serviceman while a prisoner of war or missing in |
| 26 | | action) paid to a resident by reason of being a member |
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| 1 | | of any component of the Armed Forces of the United |
| 2 | | States and in respect of any compensation paid or |
| 3 | | accrued to a resident who as a governmental employee |
| 4 | | was a prisoner of war or missing in action, and in |
| 5 | | respect of any compensation paid to a resident in 2001 |
| 6 | | or thereafter by reason of being a member of the |
| 7 | | Illinois National Guard or, beginning with taxable |
| 8 | | years ending on or after December 31, 2007, the |
| 9 | | National Guard of any other state. The provisions of |
| 10 | | this subparagraph (E) are exempt from the provisions |
| 11 | | of Section 250; |
| 12 | | (F) An amount equal to all amounts included in |
| 13 | | such total pursuant to the provisions of Sections |
| 14 | | 402(a), 402(c), 403(a), 403(b), 406(a), 407(a), and |
| 15 | | 408 of the Internal Revenue Code, or included in such |
| 16 | | total as distributions under the provisions of any |
| 17 | | retirement or disability plan for employees of any |
| 18 | | governmental agency or unit, or retirement payments to |
| 19 | | retired partners, which payments are excluded in |
| 20 | | computing net earnings from self employment by Section |
| 21 | | 1402 of the Internal Revenue Code and regulations |
| 22 | | adopted pursuant thereto; |
| 23 | | (G) The valuation limitation amount; |
| 24 | | (H) An amount equal to the amount of any tax |
| 25 | | imposed by this Act which was refunded to the taxpayer |
| 26 | | and included in such total for the taxable year; |
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| 1 | | (I) An amount equal to all amounts included in |
| 2 | | such total pursuant to the provisions of Section 111 |
| 3 | | of the Internal Revenue Code as a recovery of items |
| 4 | | previously deducted from adjusted gross income in the |
| 5 | | computation of taxable income; |
| 6 | | (J) An amount equal to those dividends included in |
| 7 | | such total which were paid by a corporation which |
| 8 | | conducts business operations in a River Edge |
| 9 | | Redevelopment Zone or zones created under the River |
| 10 | | Edge Redevelopment Zone Act, and conducts |
| 11 | | substantially all of its operations in a River Edge |
| 12 | | Redevelopment Zone or zones. This subparagraph (J) is |
| 13 | | exempt from the provisions of Section 250; |
| 14 | | (K) An amount equal to those dividends included in |
| 15 | | such total that were paid by a corporation that |
| 16 | | conducts business operations in a federally designated |
| 17 | | Foreign Trade Zone or Sub-Zone and that is designated |
| 18 | | a High Impact Business located in Illinois; provided |
| 19 | | that dividends eligible for the deduction provided in |
| 20 | | subparagraph (J) of paragraph (2) of this subsection |
| 21 | | shall not be eligible for the deduction provided under |
| 22 | | this subparagraph (K); |
| 23 | | (L) For taxable years ending after December 31, |
| 24 | | 1983, an amount equal to all social security benefits |
| 25 | | and railroad retirement benefits included in such |
| 26 | | total pursuant to Sections 72(r) and 86 of the |
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| 1 | | Internal Revenue Code; |
| 2 | | (M) With the exception of any amounts subtracted |
| 3 | | under subparagraph (N), an amount equal to the sum of |
| 4 | | all amounts disallowed as deductions by (i) Sections |
| 5 | | 171(a)(2) and 265(a)(2) of the Internal Revenue Code, |
| 6 | | and all amounts of expenses allocable to interest and |
| 7 | | disallowed as deductions by Section 265(a)(1) of the |
| 8 | | Internal Revenue Code; and (ii) for taxable years |
| 9 | | ending on or after August 13, 1999, Sections |
| 10 | | 171(a)(2), 265, 280C, and 832(b)(5)(B)(i) of the |
| 11 | | Internal Revenue Code, plus, for taxable years ending |
| 12 | | on or after December 31, 2011, Section 45G(e)(3) of |
| 13 | | the Internal Revenue Code and, for taxable years |
| 14 | | ending on or after December 31, 2008, any amount |
| 15 | | included in gross income under Section 87 of the |
| 16 | | Internal Revenue Code; the provisions of this |
| 17 | | subparagraph are exempt from the provisions of Section |
| 18 | | 250; |
| 19 | | (N) An amount equal to all amounts included in |
| 20 | | such total which are exempt from taxation by this |
| 21 | | State either by reason of its statutes or Constitution |
| 22 | | or by reason of the Constitution, treaties or statutes |
| 23 | | of the United States; provided that, in the case of any |
| 24 | | statute of this State that exempts income derived from |
| 25 | | bonds or other obligations from the tax imposed under |
| 26 | | this Act, the amount exempted shall be the interest |
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| 1 | | net of bond premium amortization; |
| 2 | | (O) An amount equal to any contribution made to a |
| 3 | | job training project established pursuant to the Tax |
| 4 | | Increment Allocation Redevelopment Act; |
| 5 | | (P) An amount equal to the amount of the deduction |
| 6 | | used to compute the federal income tax credit for |
| 7 | | restoration of substantial amounts held under claim of |
| 8 | | right for the taxable year pursuant to Section 1341 of |
| 9 | | the Internal Revenue Code or of any itemized deduction |
| 10 | | taken from adjusted gross income in the computation of |
| 11 | | taxable income for restoration of substantial amounts |
| 12 | | held under claim of right for the taxable year; |
| 13 | | (Q) An amount equal to any amounts included in |
| 14 | | such total, received by the taxpayer as an |
| 15 | | acceleration in the payment of life, endowment or |
| 16 | | annuity benefits in advance of the time they would |
| 17 | | otherwise be payable as an indemnity for a terminal |
| 18 | | illness; |
| 19 | | (R) An amount equal to the amount of any federal or |
| 20 | | State bonus paid to veterans of the Persian Gulf War; |
| 21 | | (S) An amount, to the extent included in adjusted |
| 22 | | gross income, equal to the amount of a contribution |
| 23 | | made in the taxable year on behalf of the taxpayer to a |
| 24 | | medical care savings account established under the |
| 25 | | Medical Care Savings Account Act or the Medical Care |
| 26 | | Savings Account Act of 2000 to the extent the |
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| 1 | | contribution is accepted by the account administrator |
| 2 | | as provided in that Act; |
| 3 | | (T) An amount, to the extent included in adjusted |
| 4 | | gross income, equal to the amount of interest earned |
| 5 | | in the taxable year on a medical care savings account |
| 6 | | established under the Medical Care Savings Account Act |
| 7 | | or the Medical Care Savings Account Act of 2000 on |
| 8 | | behalf of the taxpayer, other than interest added |
| 9 | | pursuant to item (D-5) of this paragraph (2); |
| 10 | | (U) For one taxable year beginning on or after |
| 11 | | January 1, 1994, an amount equal to the total amount of |
| 12 | | tax imposed and paid under subsections (a) and (b) of |
| 13 | | Section 201 of this Act on grant amounts received by |
| 14 | | the taxpayer under the Nursing Home Grant Assistance |
| 15 | | Act during the taxpayer's taxable years 1992 and 1993; |
| 16 | | (V) Beginning with tax years ending on or after |
| 17 | | December 31, 1995 and ending with tax years ending on |
| 18 | | or before December 31, 2004, an amount equal to the |
| 19 | | amount paid by a taxpayer who is a self-employed |
| 20 | | taxpayer, a partner of a partnership, or a shareholder |
| 21 | | in a Subchapter S corporation for health insurance or |
| 22 | | long-term care insurance for that taxpayer or that |
| 23 | | taxpayer's spouse or dependents, to the extent that |
| 24 | | the amount paid for that health insurance or long-term |
| 25 | | care insurance may be deducted under Section 213 of |
| 26 | | the Internal Revenue Code, has not been deducted on |
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| 1 | | the federal income tax return of the taxpayer, and |
| 2 | | does not exceed the taxable income attributable to |
| 3 | | that taxpayer's income, self-employment income, or |
| 4 | | Subchapter S corporation income; except that no |
| 5 | | deduction shall be allowed under this item (V) if the |
| 6 | | taxpayer is eligible to participate in any health |
| 7 | | insurance or long-term care insurance plan of an |
| 8 | | employer of the taxpayer or the taxpayer's spouse. The |
| 9 | | amount of the health insurance and long-term care |
| 10 | | insurance subtracted under this item (V) shall be |
| 11 | | determined by multiplying total health insurance and |
| 12 | | long-term care insurance premiums paid by the taxpayer |
| 13 | | times a number that represents the fractional |
| 14 | | percentage of eligible medical expenses under Section |
| 15 | | 213 of the Internal Revenue Code of 1986 not actually |
| 16 | | deducted on the taxpayer's federal income tax return; |
| 17 | | (W) For taxable years beginning on or after |
| 18 | | January 1, 1998, all amounts included in the |
| 19 | | taxpayer's federal gross income in the taxable year |
| 20 | | from amounts converted from a regular IRA to a Roth |
| 21 | | IRA. This paragraph is exempt from the provisions of |
| 22 | | Section 250; |
| 23 | | (X) For taxable year 1999 and thereafter, an |
| 24 | | amount equal to the amount of any (i) distributions, |
| 25 | | to the extent includible in gross income for federal |
| 26 | | income tax purposes, made to the taxpayer because of |
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| 1 | | his or her status as a victim of persecution for racial |
| 2 | | or religious reasons by Nazi Germany or any other Axis |
| 3 | | regime or as an heir of the victim and (ii) items of |
| 4 | | income, to the extent includible in gross income for |
| 5 | | federal income tax purposes, attributable to, derived |
| 6 | | from or in any way related to assets stolen from, |
| 7 | | hidden from, or otherwise lost to a victim of |
| 8 | | persecution for racial or religious reasons by Nazi |
| 9 | | Germany or any other Axis regime immediately prior to, |
| 10 | | during, and immediately after World War II, including, |
| 11 | | but not limited to, interest on the proceeds |
| 12 | | receivable as insurance under policies issued to a |
| 13 | | victim of persecution for racial or religious reasons |
| 14 | | by Nazi Germany or any other Axis regime by European |
| 15 | | insurance companies immediately prior to and during |
| 16 | | World War II; provided, however, this subtraction from |
| 17 | | federal adjusted gross income does not apply to assets |
| 18 | | acquired with such assets or with the proceeds from |
| 19 | | the sale of such assets; provided, further, this |
| 20 | | paragraph shall only apply to a taxpayer who was the |
| 21 | | first recipient of such assets after their recovery |
| 22 | | and who is a victim of persecution for racial or |
| 23 | | religious reasons by Nazi Germany or any other Axis |
| 24 | | regime or as an heir of the victim. The amount of and |
| 25 | | the eligibility for any public assistance, benefit, or |
| 26 | | similar entitlement is not affected by the inclusion |
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| 1 | | of items (i) and (ii) of this paragraph in gross income |
| 2 | | for federal income tax purposes. This paragraph is |
| 3 | | exempt from the provisions of Section 250; |
| 4 | | (Y) For taxable years beginning on or after |
| 5 | | January 1, 2002 and ending on or before December 31, |
| 6 | | 2004, moneys contributed in the taxable year to a |
| 7 | | College Savings Pool account under Section 16.5 of the |
| 8 | | State Treasurer Act, except that amounts excluded from |
| 9 | | gross income under Section 529(c)(3)(C)(i) of the |
| 10 | | Internal Revenue Code shall not be considered moneys |
| 11 | | contributed under this subparagraph (Y). For taxable |
| 12 | | years beginning on or after January 1, 2005, a maximum |
| 13 | | of $10,000 contributed in the taxable year to (i) a |
| 14 | | College Savings Pool account under Section 16.5 of the |
| 15 | | State Treasurer Act or (ii) the Illinois Prepaid |
| 16 | | Tuition Trust Fund, except that amounts excluded from |
| 17 | | gross income under Section 529(c)(3)(C)(i) of the |
| 18 | | Internal Revenue Code shall not be considered moneys |
| 19 | | contributed under this subparagraph (Y). For purposes |
| 20 | | of this subparagraph, contributions made by an |
| 21 | | employer on behalf of an employee, or matching |
| 22 | | contributions made by an employee, shall be treated as |
| 23 | | made by the employee. This subparagraph (Y) is exempt |
| 24 | | from the provisions of Section 250; |
| 25 | | (Z) For taxable years 2001 and thereafter, for the |
| 26 | | taxable year in which the bonus depreciation deduction |
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| 1 | | is taken on the taxpayer's federal income tax return |
| 2 | | under subsection (k) of Section 168 of the Internal |
| 3 | | Revenue Code and for each applicable taxable year |
| 4 | | thereafter, an amount equal to "x", where: |
| 5 | | (1) "y" equals the amount of the depreciation |
| 6 | | deduction taken for the taxable year on the |
| 7 | | taxpayer's federal income tax return on property |
| 8 | | for which the bonus depreciation deduction was |
| 9 | | taken in any year under subsection (k) of Section |
| 10 | | 168 of the Internal Revenue Code, but not |
| 11 | | including the bonus depreciation deduction; |
| 12 | | (2) for taxable years ending on or before |
| 13 | | December 31, 2005, "x" equals "y" multiplied by 30 |
| 14 | | and then divided by 70 (or "y" multiplied by |
| 15 | | 0.429); and |
| 16 | | (3) for taxable years ending after December |
| 17 | | 31, 2005: |
| 18 | | (i) for property on which a bonus |
| 19 | | depreciation deduction of 30% of the adjusted |
| 20 | | basis was taken, "x" equals "y" multiplied by |
| 21 | | 30 and then divided by 70 (or "y" multiplied |
| 22 | | by 0.429); |
| 23 | | (ii) for property on which a bonus |
| 24 | | depreciation deduction of 50% of the adjusted |
| 25 | | basis was taken, "x" equals "y" multiplied by |
| 26 | | 1.0; |
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| 1 | | (iii) for property on which a bonus |
| 2 | | depreciation deduction of 100% of the adjusted |
| 3 | | basis was taken in a taxable year ending on or |
| 4 | | after December 31, 2021, "x" equals the |
| 5 | | depreciation deduction that would be allowed |
| 6 | | on that property if the taxpayer had made the |
| 7 | | election under Section 168(k)(7) of the |
| 8 | | Internal Revenue Code to not claim bonus |
| 9 | | depreciation on that property; and |
| 10 | | (iv) for property on which a bonus |
| 11 | | depreciation deduction of a percentage other |
| 12 | | than 30%, 50% or 100% of the adjusted basis |
| 13 | | was taken in a taxable year ending on or after |
| 14 | | December 31, 2021, "x" equals "y" multiplied |
| 15 | | by 100 times the percentage bonus depreciation |
| 16 | | on the property (that is, 100(bonus%)) and |
| 17 | | then divided by 100 times 1 minus the |
| 18 | | percentage bonus depreciation on the property |
| 19 | | (that is, 100(1-bonus%)). |
| 20 | | The aggregate amount deducted under this |
| 21 | | subparagraph in all taxable years for any one piece of |
| 22 | | property may not exceed the amount of the bonus |
| 23 | | depreciation deduction taken on that property on the |
| 24 | | taxpayer's federal income tax return under subsection |
| 25 | | (k) of Section 168 of the Internal Revenue Code. This |
| 26 | | subparagraph (Z) is exempt from the provisions of |
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| 1 | | Section 250; |
| 2 | | (AA) If the taxpayer sells, transfers, abandons, |
| 3 | | or otherwise disposes of property for which the |
| 4 | | taxpayer was required in any taxable year to make an |
| 5 | | addition modification under subparagraph (D-15), then |
| 6 | | an amount equal to that addition modification. |
| 7 | | If the taxpayer continues to own property through |
| 8 | | the last day of the last tax year for which a |
| 9 | | subtraction is allowed with respect to that property |
| 10 | | under subparagraph (Z) and for which the taxpayer was |
| 11 | | required in any taxable year to make an addition |
| 12 | | modification under subparagraph (D-15), then an amount |
| 13 | | equal to that addition modification. |
| 14 | | The taxpayer is allowed to take the deduction |
| 15 | | under this subparagraph only once with respect to any |
| 16 | | one piece of property. |
| 17 | | This subparagraph (AA) is exempt from the |
| 18 | | provisions of Section 250; |
| 19 | | (BB) Any amount included in adjusted gross income, |
| 20 | | other than salary, received by a driver in a |
| 21 | | ridesharing arrangement using a motor vehicle; |
| 22 | | (CC) The amount of (i) any interest income (net of |
| 23 | | the deductions allocable thereto) taken into account |
| 24 | | for the taxable year with respect to a transaction |
| 25 | | with a taxpayer that is required to make an addition |
| 26 | | modification with respect to such transaction under |
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| 1 | | Section 203(a)(2)(D-17), 203(b)(2)(E-12), |
| 2 | | 203(c)(2)(G-12), or 203(d)(2)(D-7), but not to exceed |
| 3 | | the amount of that addition modification, and (ii) any |
| 4 | | income from intangible property (net of the deductions |
| 5 | | allocable thereto) taken into account for the taxable |
| 6 | | year with respect to a transaction with a taxpayer |
| 7 | | that is required to make an addition modification with |
| 8 | | respect to such transaction under Section |
| 9 | | 203(a)(2)(D-18), 203(b)(2)(E-13), 203(c)(2)(G-13), or |
| 10 | | 203(d)(2)(D-8), but not to exceed the amount of that |
| 11 | | addition modification. This subparagraph (CC) is |
| 12 | | exempt from the provisions of Section 250; |
| 13 | | (DD) An amount equal to the interest income taken |
| 14 | | into account for the taxable year (net of the |
| 15 | | deductions allocable thereto) with respect to |
| 16 | | transactions with (i) a foreign person who would be a |
| 17 | | member of the taxpayer's unitary business group but |
| 18 | | for the fact that the foreign person's business |
| 19 | | activity outside the United States is 80% or more of |
| 20 | | that person's total business activity and (ii) for |
| 21 | | taxable years ending on or after December 31, 2008, to |
| 22 | | a person who would be a member of the same unitary |
| 23 | | business group but for the fact that the person is |
| 24 | | prohibited under Section 1501(a)(27) from being |
| 25 | | included in the unitary business group because he or |
| 26 | | she is ordinarily required to apportion business |
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| 1 | | income under different subsections of Section 304, but |
| 2 | | not to exceed the addition modification required to be |
| 3 | | made for the same taxable year under Section |
| 4 | | 203(a)(2)(D-17) for interest paid, accrued, or |
| 5 | | incurred, directly or indirectly, to the same person. |
| 6 | | This subparagraph (DD) is exempt from the provisions |
| 7 | | of Section 250; |
| 8 | | (EE) An amount equal to the income from intangible |
| 9 | | property taken into account for the taxable year (net |
| 10 | | of the deductions allocable thereto) with respect to |
| 11 | | transactions with (i) a foreign person who would be a |
| 12 | | member of the taxpayer's unitary business group but |
| 13 | | for the fact that the foreign person's business |
| 14 | | activity outside the United States is 80% or more of |
| 15 | | that person's total business activity and (ii) for |
| 16 | | taxable years ending on or after December 31, 2008, to |
| 17 | | a person who would be a member of the same unitary |
| 18 | | business group but for the fact that the person is |
| 19 | | prohibited under Section 1501(a)(27) from being |
| 20 | | included in the unitary business group because he or |
| 21 | | she is ordinarily required to apportion business |
| 22 | | income under different subsections of Section 304, but |
| 23 | | not to exceed the addition modification required to be |
| 24 | | made for the same taxable year under Section |
| 25 | | 203(a)(2)(D-18) for intangible expenses and costs |
| 26 | | paid, accrued, or incurred, directly or indirectly, to |
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| 1 | | the same foreign person. This subparagraph (EE) is |
| 2 | | exempt from the provisions of Section 250; |
| 3 | | (FF) An amount equal to any amount awarded to the |
| 4 | | taxpayer during the taxable year by the Court of |
| 5 | | Claims under subsection (c) of Section 8 of the Court |
| 6 | | of Claims Act for time unjustly served in a State |
| 7 | | prison. This subparagraph (FF) is exempt from the |
| 8 | | provisions of Section 250; |
| 9 | | (GG) For taxable years ending on or after December |
| 10 | | 31, 2011, in the case of a taxpayer who was required to |
| 11 | | add back any insurance premiums under Section |
| 12 | | 203(a)(2)(D-19), such taxpayer may elect to subtract |
| 13 | | that part of a reimbursement received from the |
| 14 | | insurance company equal to the amount of the expense |
| 15 | | or loss (including expenses incurred by the insurance |
| 16 | | company) that would have been taken into account as a |
| 17 | | deduction for federal income tax purposes if the |
| 18 | | expense or loss had been uninsured. If a taxpayer |
| 19 | | makes the election provided for by this subparagraph |
| 20 | | (GG), the insurer to which the premiums were paid must |
| 21 | | add back to income the amount subtracted by the |
| 22 | | taxpayer pursuant to this subparagraph (GG). This |
| 23 | | subparagraph (GG) is exempt from the provisions of |
| 24 | | Section 250; |
| 25 | | (HH) For taxable years beginning on or after |
| 26 | | January 1, 2018 and prior to January 1, 2028, a maximum |
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| 1 | | of $10,000 contributed in the taxable year to a |
| 2 | | qualified ABLE account under Section 16.6 of the State |
| 3 | | Treasurer Act, except that amounts excluded from gross |
| 4 | | income under Section 529(c)(3)(C)(i) or Section |
| 5 | | 529A(c)(1)(C) of the Internal Revenue Code shall not |
| 6 | | be considered moneys contributed under this |
| 7 | | subparagraph (HH). For purposes of this subparagraph |
| 8 | | (HH), contributions made by an employer on behalf of |
| 9 | | an employee, or matching contributions made by an |
| 10 | | employee, shall be treated as made by the employee; |
| 11 | | (II) For taxable years that begin on or after |
| 12 | | January 1, 2021 and begin before January 1, 2026, the |
| 13 | | amount that is included in the taxpayer's federal |
| 14 | | adjusted gross income pursuant to Section 61 of the |
| 15 | | Internal Revenue Code as discharge of indebtedness |
| 16 | | attributable to student loan forgiveness and that is |
| 17 | | not excluded from the taxpayer's federal adjusted |
| 18 | | gross income pursuant to paragraph (5) of subsection |
| 19 | | (f) of Section 108 of the Internal Revenue Code; |
| 20 | | (JJ) For taxable years beginning on or after |
| 21 | | January 1, 2023, for any cannabis establishment |
| 22 | | operating in this State and licensed under the |
| 23 | | Cannabis Regulation and Tax Act or any cannabis |
| 24 | | cultivation center or medical cannabis dispensing |
| 25 | | organization operating in this State and licensed |
| 26 | | under the Compassionate Use of Medical Cannabis |
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| 1 | | Program Act, an amount equal to the deductions that |
| 2 | | were disallowed under Section 280E of the Internal |
| 3 | | Revenue Code for the taxable year and that would not be |
| 4 | | added back under this subsection. The provisions of |
| 5 | | this subparagraph (JJ) are exempt from the provisions |
| 6 | | of Section 250; |
| 7 | | (KK) To the extent includible in gross income for |
| 8 | | federal income tax purposes, any amount awarded or |
| 9 | | paid to the taxpayer as a result of a judgment or |
| 10 | | settlement for fertility fraud as provided in Section |
| 11 | | 15 of the Illinois Fertility Fraud Act, donor |
| 12 | | fertility fraud as provided in Section 20 of the |
| 13 | | Illinois Fertility Fraud Act, or similar action in |
| 14 | | another state; |
| 15 | | (LL) For taxable years beginning on or after |
| 16 | | January 1, 2026, if the taxpayer is a qualified |
| 17 | | worker, as defined in the Workforce Development |
| 18 | | through Charitable Loan Repayment Act, an amount equal |
| 19 | | to the amount included in the taxpayer's federal |
| 20 | | adjusted gross income that is attributable to student |
| 21 | | loan repayment assistance received by the taxpayer |
| 22 | | during the taxable year from a qualified community |
| 23 | | foundation under the provisions of the Workforce |
| 24 | | Development through Charitable Loan Repayment Act. |
| 25 | | This subparagraph (LL) is exempt from the |
| 26 | | provisions of Section 250; and |
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| 1 | | (MM) For taxable years beginning on or after |
| 2 | | January 1, 2025, if the taxpayer is an eligible |
| 3 | | resident as defined in the Medical Debt Relief Act, an |
| 4 | | amount equal to the amount included in the taxpayer's |
| 5 | | federal adjusted gross income that is attributable to |
| 6 | | medical debt relief received by the taxpayer during |
| 7 | | the taxable year from a nonprofit medical debt relief |
| 8 | | coordinator under the provisions of the Medical Debt |
| 9 | | Relief Act. This subparagraph (MM) is exempt from the |
| 10 | | provisions of Section 250; and . |
| 11 | | (NN) An amount eligible to be taken as a loss in |
| 12 | | the taxable year under the Extremely High Wealth |
| 13 | | Mark-to-Market Tax Act that is not otherwise deducted |
| 14 | | under this Act.
|
| 15 | | (b) Corporations. |
| 16 | | (1) In general. In the case of a corporation, base |
| 17 | | income means an amount equal to the taxpayer's taxable |
| 18 | | income for the taxable year as modified by paragraph (2). |
| 19 | | (2) Modifications. The taxable income referred to in |
| 20 | | paragraph (1) shall be modified by adding thereto the sum |
| 21 | | of the following amounts: |
| 22 | | (A) An amount equal to all amounts paid or accrued |
| 23 | | to the taxpayer as interest and all distributions |
| 24 | | received from regulated investment companies during |
| 25 | | the taxable year to the extent excluded from gross |
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| 1 | | income in the computation of taxable income; |
| 2 | | (B) An amount equal to the amount of tax imposed by |
| 3 | | this Act to the extent deducted from gross income in |
| 4 | | the computation of taxable income for the taxable |
| 5 | | year; |
| 6 | | (C) In the case of a regulated investment company, |
| 7 | | an amount equal to the excess of (i) the net long-term |
| 8 | | capital gain for the taxable year, over (ii) the |
| 9 | | amount of the capital gain dividends designated as |
| 10 | | such in accordance with Section 852(b)(3)(C) of the |
| 11 | | Internal Revenue Code and any amount designated under |
| 12 | | Section 852(b)(3)(D) of the Internal Revenue Code, |
| 13 | | attributable to the taxable year (this amendatory Act |
| 14 | | of 1995 (Public Act 89-89) is declarative of existing |
| 15 | | law and is not a new enactment); |
| 16 | | (D) The amount of any net operating loss deduction |
| 17 | | taken in arriving at taxable income, other than a net |
| 18 | | operating loss carried forward from a taxable year |
| 19 | | ending prior to December 31, 1986; |
| 20 | | (E) For taxable years in which a net operating |
| 21 | | loss carryback or carryforward from a taxable year |
| 22 | | ending prior to December 31, 1986 is an element of |
| 23 | | taxable income under paragraph (1) of subsection (e) |
| 24 | | or subparagraph (E) of paragraph (2) of subsection |
| 25 | | (e), the amount by which addition modifications other |
| 26 | | than those provided by this subparagraph (E) exceeded |
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| 1 | | subtraction modifications in such earlier taxable |
| 2 | | year, with the following limitations applied in the |
| 3 | | order that they are listed: |
| 4 | | (i) the addition modification relating to the |
| 5 | | net operating loss carried back or forward to the |
| 6 | | taxable year from any taxable year ending prior to |
| 7 | | December 31, 1986 shall be reduced by the amount |
| 8 | | of addition modification under this subparagraph |
| 9 | | (E) which related to that net operating loss and |
| 10 | | which was taken into account in calculating the |
| 11 | | base income of an earlier taxable year, and |
| 12 | | (ii) the addition modification relating to the |
| 13 | | net operating loss carried back or forward to the |
| 14 | | taxable year from any taxable year ending prior to |
| 15 | | December 31, 1986 shall not exceed the amount of |
| 16 | | such carryback or carryforward; |
| 17 | | For taxable years in which there is a net |
| 18 | | operating loss carryback or carryforward from more |
| 19 | | than one other taxable year ending prior to December |
| 20 | | 31, 1986, the addition modification provided in this |
| 21 | | subparagraph (E) shall be the sum of the amounts |
| 22 | | computed independently under the preceding provisions |
| 23 | | of this subparagraph (E) for each such taxable year; |
| 24 | | (E-5) For taxable years ending after December 31, |
| 25 | | 1997, an amount equal to any eligible remediation |
| 26 | | costs that the corporation deducted in computing |
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| 1 | | adjusted gross income and for which the corporation |
| 2 | | claims a credit under subsection (l) of Section 201; |
| 3 | | (E-10) For taxable years 2001 and thereafter, an |
| 4 | | amount equal to the bonus depreciation deduction taken |
| 5 | | on the taxpayer's federal income tax return for the |
| 6 | | taxable year under subsection (k) of Section 168 of |
| 7 | | the Internal Revenue Code; |
| 8 | | (E-11) If the taxpayer sells, transfers, abandons, |
| 9 | | or otherwise disposes of property for which the |
| 10 | | taxpayer was required in any taxable year to make an |
| 11 | | addition modification under subparagraph (E-10), then |
| 12 | | an amount equal to the aggregate amount of the |
| 13 | | deductions taken in all taxable years under |
| 14 | | subparagraph (T) with respect to that property. |
| 15 | | If the taxpayer continues to own property through |
| 16 | | the last day of the last tax year for which a |
| 17 | | subtraction is allowed with respect to that property |
| 18 | | under subparagraph (T) and for which the taxpayer was |
| 19 | | allowed in any taxable year to make a subtraction |
| 20 | | modification under subparagraph (T), then an amount |
| 21 | | equal to that subtraction modification. |
| 22 | | The taxpayer is required to make the addition |
| 23 | | modification under this subparagraph only once with |
| 24 | | respect to any one piece of property; |
| 25 | | (E-12) An amount equal to the amount otherwise |
| 26 | | allowed as a deduction in computing base income for |
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| 1 | | interest paid, accrued, or incurred, directly or |
| 2 | | indirectly, (i) for taxable years ending on or after |
| 3 | | December 31, 2004, to a foreign person who would be a |
| 4 | | member of the same unitary business group but for the |
| 5 | | fact the foreign person's business activity outside |
| 6 | | the United States is 80% or more of the foreign |
| 7 | | person's total business activity and (ii) for taxable |
| 8 | | years ending on or after December 31, 2008, to a person |
| 9 | | who would be a member of the same unitary business |
| 10 | | group but for the fact that the person is prohibited |
| 11 | | under Section 1501(a)(27) from being included in the |
| 12 | | unitary business group because he or she is ordinarily |
| 13 | | required to apportion business income under different |
| 14 | | subsections of Section 304. The addition modification |
| 15 | | required by this subparagraph shall be reduced to the |
| 16 | | extent that dividends were included in base income of |
| 17 | | the unitary group for the same taxable year and |
| 18 | | received by the taxpayer or by a member of the |
| 19 | | taxpayer's unitary business group (including amounts |
| 20 | | included in gross income pursuant to Sections 951 |
| 21 | | through 964 of the Internal Revenue Code and amounts |
| 22 | | included in gross income under Section 78 of the |
| 23 | | Internal Revenue Code) with respect to the stock of |
| 24 | | the same person to whom the interest was paid, |
| 25 | | accrued, or incurred. For taxable years ending on and |
| 26 | | after December 31, 2025, for purposes of applying this |
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| 1 | | paragraph in the case of a taxpayer to which Section |
| 2 | | 163(j) of the Internal Revenue Code applies for the |
| 3 | | taxable year, the reduction in the amount of interest |
| 4 | | for which a deduction is allowed by reason of Section |
| 5 | | 163(j) shall be treated as allocable first to persons |
| 6 | | who are not foreign persons referred to in this |
| 7 | | paragraph and then to such foreign persons. |
| 8 | | For taxable years ending before December 31, 2025, |
| 9 | | this paragraph shall not apply to the following: |
| 10 | | (i) an item of interest paid, accrued, or |
| 11 | | incurred, directly or indirectly, to a person who |
| 12 | | is subject in a foreign country or state, other |
| 13 | | than a state which requires mandatory unitary |
| 14 | | reporting, to a tax on or measured by net income |
| 15 | | with respect to such interest; or |
| 16 | | (ii) an item of interest paid, accrued, or |
| 17 | | incurred, directly or indirectly, to a person if |
| 18 | | the taxpayer can establish, based on a |
| 19 | | preponderance of the evidence, both of the |
| 20 | | following: |
| 21 | | (a) the person, during the same taxable |
| 22 | | year, paid, accrued, or incurred, the interest |
| 23 | | to a person that is not a related member, and |
| 24 | | (b) the transaction giving rise to the |
| 25 | | interest expense between the taxpayer and the |
| 26 | | person did not have as a principal purpose the |
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| 1 | | avoidance of Illinois income tax, and is paid |
| 2 | | pursuant to a contract or agreement that |
| 3 | | reflects an arm's-length interest rate and |
| 4 | | terms; or |
| 5 | | (iii) the taxpayer can establish, based on |
| 6 | | clear and convincing evidence, that the interest |
| 7 | | paid, accrued, or incurred relates to a contract |
| 8 | | or agreement entered into at arm's-length rates |
| 9 | | and terms and the principal purpose for the |
| 10 | | payment is not federal or Illinois tax avoidance; |
| 11 | | or |
| 12 | | (iv) an item of interest paid, accrued, or |
| 13 | | incurred, directly or indirectly, to a person if |
| 14 | | the taxpayer establishes by clear and convincing |
| 15 | | evidence that the adjustments are unreasonable; or |
| 16 | | if the taxpayer and the Director agree in writing |
| 17 | | to the application or use of an alternative method |
| 18 | | of apportionment under Section 304(f). |
| 19 | | For taxable years ending on or after December 31, |
| 20 | | 2025, this paragraph shall not apply to the following: |
| 21 | | (i) an item of interest paid, accrued, or |
| 22 | | incurred, directly or indirectly, to a person if |
| 23 | | the taxpayer can establish, based on a |
| 24 | | preponderance of the evidence, both of the |
| 25 | | following: |
| 26 | | (a) the person, during the same taxable |
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| 1 | | year, paid, accrued, or incurred, the interest |
| 2 | | to a person that is not a related member, and |
| 3 | | (b) the transaction giving rise to the |
| 4 | | interest expense between the taxpayer and the |
| 5 | | person did not have as a principal purpose the |
| 6 | | avoidance of Illinois income tax, and is paid |
| 7 | | pursuant to a contract or agreement that |
| 8 | | reflects an arm's-length interest rate and |
| 9 | | terms; or |
| 10 | | (ii) an item of interest paid, accrued, or |
| 11 | | incurred, directly or indirectly, to a person if |
| 12 | | the taxpayer establishes by clear and convincing |
| 13 | | evidence that the adjustments are unreasonable; or |
| 14 | | if the taxpayer and the Director agree in writing |
| 15 | | to the application or use of an alternative method |
| 16 | | of apportionment under Section 304(f). |
| 17 | | Nothing in this subsection shall preclude the |
| 18 | | Director from making any other adjustment otherwise |
| 19 | | allowed under Section 404 of this Act for any tax year |
| 20 | | beginning after the effective date of this amendment |
| 21 | | provided such adjustment is made pursuant to |
| 22 | | regulation adopted by the Department and such |
| 23 | | regulations provide methods and standards by which the |
| 24 | | Department will utilize its authority under Section |
| 25 | | 404 of this Act; |
| 26 | | (E-13) An amount equal to the amount of intangible |
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| 1 | | expenses and costs otherwise allowed as a deduction in |
| 2 | | computing base income, and that were paid, accrued, or |
| 3 | | incurred, directly or indirectly, (i) for taxable |
| 4 | | years ending on or after December 31, 2004, to a |
| 5 | | foreign person who would be a member of the same |
| 6 | | unitary business group but for the fact that the |
| 7 | | foreign person's business activity outside the United |
| 8 | | States is 80% or more of that person's total business |
| 9 | | activity and (ii) for taxable years ending on or after |
| 10 | | December 31, 2008, to a person who would be a member of |
| 11 | | the same unitary business group but for the fact that |
| 12 | | the person is prohibited under Section 1501(a)(27) |
| 13 | | from being included in the unitary business group |
| 14 | | because he or she is ordinarily required to apportion |
| 15 | | business income under different subsections of Section |
| 16 | | 304. The addition modification required by this |
| 17 | | subparagraph shall be reduced to the extent that |
| 18 | | dividends were included in base income of the unitary |
| 19 | | group for the same taxable year and received by the |
| 20 | | taxpayer or by a member of the taxpayer's unitary |
| 21 | | business group (including amounts included in gross |
| 22 | | income pursuant to Sections 951 through 964 of the |
| 23 | | Internal Revenue Code and amounts included in gross |
| 24 | | income under Section 78 of the Internal Revenue Code) |
| 25 | | with respect to the stock of the same person to whom |
| 26 | | the intangible expenses and costs were directly or |
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| 1 | | indirectly paid, incurred, or accrued. The preceding |
| 2 | | sentence shall not apply to the extent that the same |
| 3 | | dividends caused a reduction to the addition |
| 4 | | modification required under Section 203(b)(2)(E-12) of |
| 5 | | this Act. As used in this subparagraph, the term |
| 6 | | "intangible expenses and costs" includes (1) expenses, |
| 7 | | losses, and costs for, or related to, the direct or |
| 8 | | indirect acquisition, use, maintenance or management, |
| 9 | | ownership, sale, exchange, or any other disposition of |
| 10 | | intangible property; (2) losses incurred, directly or |
| 11 | | indirectly, from factoring transactions or discounting |
| 12 | | transactions; (3) royalty, patent, technical, and |
| 13 | | copyright fees; (4) licensing fees; and (5) other |
| 14 | | similar expenses and costs. For purposes of this |
| 15 | | subparagraph, "intangible property" includes patents, |
| 16 | | patent applications, trade names, trademarks, service |
| 17 | | marks, copyrights, mask works, trade secrets, and |
| 18 | | similar types of intangible assets. |
| 19 | | For taxable years ending before December 31, 2025, |
| 20 | | this paragraph shall not apply to the following: |
| 21 | | (i) any item of intangible expenses or costs |
| 22 | | paid, accrued, or incurred, directly or |
| 23 | | indirectly, from a transaction with a person who |
| 24 | | is subject in a foreign country or state, other |
| 25 | | than a state which requires mandatory unitary |
| 26 | | reporting, to a tax on or measured by net income |
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| 1 | | with respect to such item; or |
| 2 | | (ii) any item of intangible expense or cost |
| 3 | | paid, accrued, or incurred, directly or |
| 4 | | indirectly, if the taxpayer can establish, based |
| 5 | | on a preponderance of the evidence, both of the |
| 6 | | following: |
| 7 | | (a) the person during the same taxable |
| 8 | | year paid, accrued, or incurred, the |
| 9 | | intangible expense or cost to a person that is |
| 10 | | not a related member, and |
| 11 | | (b) the transaction giving rise to the |
| 12 | | intangible expense or cost between the |
| 13 | | taxpayer and the person did not have as a |
| 14 | | principal purpose the avoidance of Illinois |
| 15 | | income tax, and is paid pursuant to a contract |
| 16 | | or agreement that reflects arm's-length terms; |
| 17 | | or |
| 18 | | (iii) any item of intangible expense or cost |
| 19 | | paid, accrued, or incurred, directly or |
| 20 | | indirectly, from a transaction with a person if |
| 21 | | the taxpayer establishes by clear and convincing |
| 22 | | evidence, that the adjustments are unreasonable; |
| 23 | | or if the taxpayer and the Director agree in |
| 24 | | writing to the application or use of an |
| 25 | | alternative method of apportionment under Section |
| 26 | | 304(f); |
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| 1 | | For taxable years ending on or after December 31, |
| 2 | | 2025, this paragraph shall not apply to the following: |
| 3 | | (i) any item of intangible expense or cost |
| 4 | | paid, accrued, or incurred, directly or |
| 5 | | indirectly, if the taxpayer can establish, based |
| 6 | | on a preponderance of the evidence, both of the |
| 7 | | following: |
| 8 | | (a) the person during the same taxable |
| 9 | | year paid, accrued, or incurred, the |
| 10 | | intangible expense or cost to a person that is |
| 11 | | not a related member, and |
| 12 | | (b) the transaction giving rise to the |
| 13 | | intangible expense or cost between the |
| 14 | | taxpayer and the person did not have as a |
| 15 | | principal purpose the avoidance of Illinois |
| 16 | | income tax, and is paid pursuant to a contract |
| 17 | | or agreement that reflects arm's-length terms; |
| 18 | | or |
| 19 | | (ii) any item of intangible expense or cost |
| 20 | | paid, accrued, or incurred, directly or |
| 21 | | indirectly, from a transaction with a person if |
| 22 | | the taxpayer establishes by clear and convincing |
| 23 | | evidence, that the adjustments are unreasonable; |
| 24 | | or if the taxpayer and the Director agree in |
| 25 | | writing to the application or use of an |
| 26 | | alternative method of apportionment under Section |
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| 1 | | 304(f). |
| 2 | | Nothing in this subsection shall preclude the |
| 3 | | Director from making any other adjustment otherwise |
| 4 | | allowed under Section 404 of this Act for any tax year |
| 5 | | beginning after the effective date of this amendment |
| 6 | | provided such adjustment is made pursuant to |
| 7 | | regulation adopted by the Department and such |
| 8 | | regulations provide methods and standards by which the |
| 9 | | Department will utilize its authority under Section |
| 10 | | 404 of this Act; |
| 11 | | (E-14) For taxable years ending on or after |
| 12 | | December 31, 2008, an amount equal to the amount of |
| 13 | | insurance premium expenses and costs otherwise allowed |
| 14 | | as a deduction in computing base income, and that were |
| 15 | | paid, accrued, or incurred, directly or indirectly, to |
| 16 | | a person who would be a member of the same unitary |
| 17 | | business group but for the fact that the person is |
| 18 | | prohibited under Section 1501(a)(27) from being |
| 19 | | included in the unitary business group because he or |
| 20 | | she is ordinarily required to apportion business |
| 21 | | income under different subsections of Section 304. The |
| 22 | | addition modification required by this subparagraph |
| 23 | | shall be reduced to the extent that dividends were |
| 24 | | included in base income of the unitary group for the |
| 25 | | same taxable year and received by the taxpayer or by a |
| 26 | | member of the taxpayer's unitary business group |
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| 1 | | (including amounts included in gross income under |
| 2 | | Sections 951 through 964 of the Internal Revenue Code |
| 3 | | and amounts included in gross income under Section 78 |
| 4 | | of the Internal Revenue Code) with respect to the |
| 5 | | stock of the same person to whom the premiums and costs |
| 6 | | were directly or indirectly paid, incurred, or |
| 7 | | accrued. The preceding sentence does not apply to the |
| 8 | | extent that the same dividends caused a reduction to |
| 9 | | the addition modification required under Section |
| 10 | | 203(b)(2)(E-12) or Section 203(b)(2)(E-13) of this |
| 11 | | Act; |
| 12 | | (E-15) For taxable years beginning after December |
| 13 | | 31, 2008, any deduction for dividends paid by a |
| 14 | | captive real estate investment trust that is allowed |
| 15 | | to a real estate investment trust under Section |
| 16 | | 857(b)(2)(B) of the Internal Revenue Code for |
| 17 | | dividends paid; |
| 18 | | (E-16) An amount equal to the credit allowable to |
| 19 | | the taxpayer under Section 218(a) of this Act, |
| 20 | | determined without regard to Section 218(c) of this |
| 21 | | Act; |
| 22 | | (E-17) For taxable years ending on or after |
| 23 | | December 31, 2017, an amount equal to the deduction |
| 24 | | allowed under Section 199 of the Internal Revenue Code |
| 25 | | for the taxable year; |
| 26 | | (E-18) for taxable years beginning after December |
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| 1 | | 31, 2018, an amount equal to the deduction allowed |
| 2 | | under Section 250(a)(1)(A) of the Internal Revenue |
| 3 | | Code for the taxable year; |
| 4 | | (E-19) for taxable years ending on or after June |
| 5 | | 30, 2021, an amount equal to the deduction allowed |
| 6 | | under Section 250(a)(1)(B)(i) of the Internal Revenue |
| 7 | | Code for the taxable year; |
| 8 | | (E-20) for taxable years ending on or after June |
| 9 | | 30, 2021, an amount equal to the deduction allowed |
| 10 | | under Sections 243(e) and 245A(a) of the Internal |
| 11 | | Revenue Code for the taxable year; |
| 12 | | (E-21) the amount that is claimed as a federal |
| 13 | | deduction when computing the taxpayer's federal |
| 14 | | taxable income for the taxable year and that is |
| 15 | | attributable to an endowment gift for which the |
| 16 | | taxpayer receives a credit under the Illinois Gives |
| 17 | | Tax Credit Act; |
| 18 | | and by deducting from the total so obtained the sum of the |
| 19 | | following amounts: |
| 20 | | (F) An amount equal to the amount of any tax |
| 21 | | imposed by this Act which was refunded to the taxpayer |
| 22 | | and included in such total for the taxable year; |
| 23 | | (G) An amount equal to any amount included in such |
| 24 | | total under Section 78 of the Internal Revenue Code; |
| 25 | | (H) In the case of a regulated investment company, |
| 26 | | an amount equal to the amount of exempt interest |
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| 1 | | dividends as defined in subsection (b)(5) of Section |
| 2 | | 852 of the Internal Revenue Code, paid to shareholders |
| 3 | | for the taxable year; |
| 4 | | (I) With the exception of any amounts subtracted |
| 5 | | under subparagraph (J), an amount equal to the sum of |
| 6 | | all amounts disallowed as deductions by (i) Sections |
| 7 | | 171(a)(2) and 265(a)(2) and amounts disallowed as |
| 8 | | interest expense by Section 291(a)(3) of the Internal |
| 9 | | Revenue Code, and all amounts of expenses allocable to |
| 10 | | interest and disallowed as deductions by Section |
| 11 | | 265(a)(1) of the Internal Revenue Code; and (ii) for |
| 12 | | taxable years ending on or after August 13, 1999, |
| 13 | | Sections 171(a)(2), 265, 280C, 291(a)(3), and |
| 14 | | 832(b)(5)(B)(i) of the Internal Revenue Code, plus, |
| 15 | | for tax years ending on or after December 31, 2011, |
| 16 | | amounts disallowed as deductions by Section 45G(e)(3) |
| 17 | | of the Internal Revenue Code and, for taxable years |
| 18 | | ending on or after December 31, 2008, any amount |
| 19 | | included in gross income under Section 87 of the |
| 20 | | Internal Revenue Code and the policyholders' share of |
| 21 | | tax-exempt interest of a life insurance company under |
| 22 | | Section 807(a)(2)(B) of the Internal Revenue Code (in |
| 23 | | the case of a life insurance company with gross income |
| 24 | | from a decrease in reserves for the tax year) or |
| 25 | | Section 807(b)(1)(B) of the Internal Revenue Code (in |
| 26 | | the case of a life insurance company allowed a |
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| 1 | | deduction for an increase in reserves for the tax |
| 2 | | year); the provisions of this subparagraph are exempt |
| 3 | | from the provisions of Section 250; |
| 4 | | (J) An amount equal to all amounts included in |
| 5 | | such total which are exempt from taxation by this |
| 6 | | State either by reason of its statutes or Constitution |
| 7 | | or by reason of the Constitution, treaties or statutes |
| 8 | | of the United States; provided that, in the case of any |
| 9 | | statute of this State that exempts income derived from |
| 10 | | bonds or other obligations from the tax imposed under |
| 11 | | this Act, the amount exempted shall be the interest |
| 12 | | net of bond premium amortization; |
| 13 | | (K) An amount equal to those dividends included in |
| 14 | | such total which were paid by a corporation which |
| 15 | | conducts business operations in a River Edge |
| 16 | | Redevelopment Zone or zones created under the River |
| 17 | | Edge Redevelopment Zone Act and conducts substantially |
| 18 | | all of its operations in a River Edge Redevelopment |
| 19 | | Zone or zones. This subparagraph (K) is exempt from |
| 20 | | the provisions of Section 250; |
| 21 | | (L) An amount equal to those dividends included in |
| 22 | | such total that were paid by a corporation that |
| 23 | | conducts business operations in a federally designated |
| 24 | | Foreign Trade Zone or Sub-Zone and that is designated |
| 25 | | a High Impact Business located in Illinois; provided |
| 26 | | that dividends eligible for the deduction provided in |
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| 1 | | subparagraph (K) of paragraph 2 of this subsection |
| 2 | | shall not be eligible for the deduction provided under |
| 3 | | this subparagraph (L); |
| 4 | | (M) For any taxpayer that is a financial |
| 5 | | organization within the meaning of Section 304(c) of |
| 6 | | this Act, an amount included in such total as interest |
| 7 | | income from a loan or loans made by such taxpayer to a |
| 8 | | borrower, to the extent that such a loan is secured by |
| 9 | | property which is eligible for the River Edge |
| 10 | | Redevelopment Zone Investment Credit. To determine the |
| 11 | | portion of a loan or loans that is secured by property |
| 12 | | eligible for a Section 201(f) investment credit to the |
| 13 | | borrower, the entire principal amount of the loan or |
| 14 | | loans between the taxpayer and the borrower should be |
| 15 | | divided into the basis of the Section 201(f) |
| 16 | | investment credit property which secures the loan or |
| 17 | | loans, using for this purpose the original basis of |
| 18 | | such property on the date that it was placed in service |
| 19 | | in the River Edge Redevelopment Zone. The subtraction |
| 20 | | modification available to the taxpayer in any year |
| 21 | | under this subsection shall be that portion of the |
| 22 | | total interest paid by the borrower with respect to |
| 23 | | such loan attributable to the eligible property as |
| 24 | | calculated under the previous sentence. This |
| 25 | | subparagraph (M) is exempt from the provisions of |
| 26 | | Section 250; |
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| 1 | | (M-1) For any taxpayer that is a financial |
| 2 | | organization within the meaning of Section 304(c) of |
| 3 | | this Act, an amount included in such total as interest |
| 4 | | income from a loan or loans made by such taxpayer to a |
| 5 | | borrower, to the extent that such a loan is secured by |
| 6 | | property which is eligible for the High Impact |
| 7 | | Business Investment Credit. To determine the portion |
| 8 | | of a loan or loans that is secured by property eligible |
| 9 | | for a Section 201(h) investment credit to the |
| 10 | | borrower, the entire principal amount of the loan or |
| 11 | | loans between the taxpayer and the borrower should be |
| 12 | | divided into the basis of the Section 201(h) |
| 13 | | investment credit property which secures the loan or |
| 14 | | loans, using for this purpose the original basis of |
| 15 | | such property on the date that it was placed in service |
| 16 | | in a federally designated Foreign Trade Zone or |
| 17 | | Sub-Zone located in Illinois. No taxpayer that is |
| 18 | | eligible for the deduction provided in subparagraph |
| 19 | | (M) of paragraph (2) of this subsection shall be |
| 20 | | eligible for the deduction provided under this |
| 21 | | subparagraph (M-1). The subtraction modification |
| 22 | | available to taxpayers in any year under this |
| 23 | | subsection shall be that portion of the total interest |
| 24 | | paid by the borrower with respect to such loan |
| 25 | | attributable to the eligible property as calculated |
| 26 | | under the previous sentence; |
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| 1 | | (N) Two times any contribution made during the |
| 2 | | taxable year to a designated zone organization to the |
| 3 | | extent that the contribution (i) qualifies as a |
| 4 | | charitable contribution under subsection (c) of |
| 5 | | Section 170 of the Internal Revenue Code and (ii) |
| 6 | | must, by its terms, be used for a project approved by |
| 7 | | the Department of Commerce and Economic Opportunity |
| 8 | | under Section 11 of the Illinois Enterprise Zone Act |
| 9 | | or under Section 10-10 of the River Edge Redevelopment |
| 10 | | Zone Act. This subparagraph (N) is exempt from the |
| 11 | | provisions of Section 250; |
| 12 | | (O) An amount equal to: (i) 85% for taxable years |
| 13 | | ending on or before December 31, 1992, or, a |
| 14 | | percentage equal to the percentage allowable under |
| 15 | | Section 243(a)(1) of the Internal Revenue Code of 1986 |
| 16 | | for taxable years ending after December 31, 1992, of |
| 17 | | the amount by which dividends included in taxable |
| 18 | | income and received from a corporation that is not |
| 19 | | created or organized under the laws of the United |
| 20 | | States or any state or political subdivision thereof, |
| 21 | | including, for taxable years ending on or after |
| 22 | | December 31, 1988, dividends received or deemed |
| 23 | | received or paid or deemed paid under Sections 951 |
| 24 | | through 965 of the Internal Revenue Code, exceed the |
| 25 | | amount of the modification provided under subparagraph |
| 26 | | (G) of paragraph (2) of this subsection (b) which is |
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| 1 | | related to such dividends, and including, for taxable |
| 2 | | years ending on or after December 31, 2008, dividends |
| 3 | | received from a captive real estate investment trust; |
| 4 | | plus (ii) 100% of the amount by which dividends, |
| 5 | | included in taxable income and received, including, |
| 6 | | for taxable years ending on or after December 31, |
| 7 | | 1988, dividends received or deemed received or paid or |
| 8 | | deemed paid under Sections 951 through 964 of the |
| 9 | | Internal Revenue Code and including, for taxable years |
| 10 | | ending on or after December 31, 2008, dividends |
| 11 | | received from a captive real estate investment trust, |
| 12 | | from any such corporation specified in clause (i) that |
| 13 | | would but for the provisions of Section 1504(b)(3) of |
| 14 | | the Internal Revenue Code be treated as a member of the |
| 15 | | affiliated group which includes the dividend |
| 16 | | recipient, exceed the amount of the modification |
| 17 | | provided under subparagraph (G) of paragraph (2) of |
| 18 | | this subsection (b) which is related to such |
| 19 | | dividends. For taxable years ending on or after June |
| 20 | | 30, 2021, (i) for purposes of this subparagraph, the |
| 21 | | term "dividend" does not include any amount treated as |
| 22 | | a dividend under Section 1248 of the Internal Revenue |
| 23 | | Code, and (ii) this subparagraph shall not apply to |
| 24 | | dividends for which a deduction is allowed under |
| 25 | | Section 245(a) of the Internal Revenue Code. For |
| 26 | | taxable years ending on or after December 31, 2025, |
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| 1 | | 50% of the amount of global intangible low-taxed |
| 2 | | income received or deemed received or paid or deemed |
| 3 | | paid under Section 951A of the Internal Revenue Code. |
| 4 | | This subparagraph (O) is exempt from the provisions of |
| 5 | | Section 250 of this Act; |
| 6 | | (P) An amount equal to any contribution made to a |
| 7 | | job training project established pursuant to the Tax |
| 8 | | Increment Allocation Redevelopment Act; |
| 9 | | (Q) An amount equal to the amount of the deduction |
| 10 | | used to compute the federal income tax credit for |
| 11 | | restoration of substantial amounts held under claim of |
| 12 | | right for the taxable year pursuant to Section 1341 of |
| 13 | | the Internal Revenue Code; |
| 14 | | (R) On and after July 20, 1999, in the case of an |
| 15 | | attorney-in-fact with respect to whom an interinsurer |
| 16 | | or a reciprocal insurer has made the election under |
| 17 | | Section 835 of the Internal Revenue Code, 26 U.S.C. |
| 18 | | 835, an amount equal to the excess, if any, of the |
| 19 | | amounts paid or incurred by that interinsurer or |
| 20 | | reciprocal insurer in the taxable year to the |
| 21 | | attorney-in-fact over the deduction allowed to that |
| 22 | | interinsurer or reciprocal insurer with respect to the |
| 23 | | attorney-in-fact under Section 835(b) of the Internal |
| 24 | | Revenue Code for the taxable year; the provisions of |
| 25 | | this subparagraph are exempt from the provisions of |
| 26 | | Section 250; |
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| 1 | | (S) For taxable years ending on or after December |
| 2 | | 31, 1997, in the case of a Subchapter S corporation, an |
| 3 | | amount equal to all amounts of income allocable to a |
| 4 | | shareholder subject to the Personal Property Tax |
| 5 | | Replacement Income Tax imposed by subsections (c) and |
| 6 | | (d) of Section 201 of this Act, including amounts |
| 7 | | allocable to organizations exempt from federal income |
| 8 | | tax by reason of Section 501(a) of the Internal |
| 9 | | Revenue Code. This subparagraph (S) is exempt from the |
| 10 | | provisions of Section 250; |
| 11 | | (T) For taxable years 2001 and thereafter, for the |
| 12 | | taxable year in which the bonus depreciation deduction |
| 13 | | is taken on the taxpayer's federal income tax return |
| 14 | | under subsection (k) of Section 168 of the Internal |
| 15 | | Revenue Code and for each applicable taxable year |
| 16 | | thereafter, an amount equal to "x", where: |
| 17 | | (1) "y" equals the amount of the depreciation |
| 18 | | deduction taken for the taxable year on the |
| 19 | | taxpayer's federal income tax return on property |
| 20 | | for which the bonus depreciation deduction was |
| 21 | | taken in any year under subsection (k) of Section |
| 22 | | 168 of the Internal Revenue Code, but not |
| 23 | | including the bonus depreciation deduction; |
| 24 | | (2) for taxable years ending on or before |
| 25 | | December 31, 2005, "x" equals "y" multiplied by 30 |
| 26 | | and then divided by 70 (or "y" multiplied by |
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| 1 | | 0.429); and |
| 2 | | (3) for taxable years ending after December |
| 3 | | 31, 2005: |
| 4 | | (i) for property on which a bonus |
| 5 | | depreciation deduction of 30% of the adjusted |
| 6 | | basis was taken, "x" equals "y" multiplied by |
| 7 | | 30 and then divided by 70 (or "y" multiplied |
| 8 | | by 0.429); |
| 9 | | (ii) for property on which a bonus |
| 10 | | depreciation deduction of 50% of the adjusted |
| 11 | | basis was taken, "x" equals "y" multiplied by |
| 12 | | 1.0; |
| 13 | | (iii) for property on which a bonus |
| 14 | | depreciation deduction of 100% of the adjusted |
| 15 | | basis was taken in a taxable year ending on or |
| 16 | | after December 31, 2021, "x" equals the |
| 17 | | depreciation deduction that would be allowed |
| 18 | | on that property if the taxpayer had made the |
| 19 | | election under Section 168(k)(7) of the |
| 20 | | Internal Revenue Code to not claim bonus |
| 21 | | depreciation on that property; and |
| 22 | | (iv) for property on which a bonus |
| 23 | | depreciation deduction of a percentage other |
| 24 | | than 30%, 50% or 100% of the adjusted basis |
| 25 | | was taken in a taxable year ending on or after |
| 26 | | December 31, 2021, "x" equals "y" multiplied |
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| 1 | | by 100 times the percentage bonus depreciation |
| 2 | | on the property (that is, 100(bonus%)) and |
| 3 | | then divided by 100 times 1 minus the |
| 4 | | percentage bonus depreciation on the property |
| 5 | | (that is, 100(1-bonus%)). |
| 6 | | The aggregate amount deducted under this |
| 7 | | subparagraph in all taxable years for any one piece of |
| 8 | | property may not exceed the amount of the bonus |
| 9 | | depreciation deduction taken on that property on the |
| 10 | | taxpayer's federal income tax return under subsection |
| 11 | | (k) of Section 168 of the Internal Revenue Code. This |
| 12 | | subparagraph (T) is exempt from the provisions of |
| 13 | | Section 250; |
| 14 | | (U) If the taxpayer sells, transfers, abandons, or |
| 15 | | otherwise disposes of property for which the taxpayer |
| 16 | | was required in any taxable year to make an addition |
| 17 | | modification under subparagraph (E-10), then an amount |
| 18 | | equal to that addition modification. |
| 19 | | If the taxpayer continues to own property through |
| 20 | | the last day of the last tax year for which a |
| 21 | | subtraction is allowed with respect to that property |
| 22 | | under subparagraph (T) and for which the taxpayer was |
| 23 | | required in any taxable year to make an addition |
| 24 | | modification under subparagraph (E-10), then an amount |
| 25 | | equal to that addition modification. |
| 26 | | The taxpayer is allowed to take the deduction |
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| 1 | | under this subparagraph only once with respect to any |
| 2 | | one piece of property. |
| 3 | | This subparagraph (U) is exempt from the |
| 4 | | provisions of Section 250; |
| 5 | | (V) The amount of: (i) any interest income (net of |
| 6 | | the deductions allocable thereto) taken into account |
| 7 | | for the taxable year with respect to a transaction |
| 8 | | with a taxpayer that is required to make an addition |
| 9 | | modification with respect to such transaction under |
| 10 | | Section 203(a)(2)(D-17), 203(b)(2)(E-12), |
| 11 | | 203(c)(2)(G-12), or 203(d)(2)(D-7), but not to exceed |
| 12 | | the amount of such addition modification, (ii) any |
| 13 | | income from intangible property (net of the deductions |
| 14 | | allocable thereto) taken into account for the taxable |
| 15 | | year with respect to a transaction with a taxpayer |
| 16 | | that is required to make an addition modification with |
| 17 | | respect to such transaction under Section |
| 18 | | 203(a)(2)(D-18), 203(b)(2)(E-13), 203(c)(2)(G-13), or |
| 19 | | 203(d)(2)(D-8), but not to exceed the amount of such |
| 20 | | addition modification, and (iii) any insurance premium |
| 21 | | income (net of deductions allocable thereto) taken |
| 22 | | into account for the taxable year with respect to a |
| 23 | | transaction with a taxpayer that is required to make |
| 24 | | an addition modification with respect to such |
| 25 | | transaction under Section 203(a)(2)(D-19), Section |
| 26 | | 203(b)(2)(E-14), Section 203(c)(2)(G-14), or Section |
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| 1 | | 203(d)(2)(D-9), but not to exceed the amount of that |
| 2 | | addition modification. This subparagraph (V) is exempt |
| 3 | | from the provisions of Section 250; |
| 4 | | (W) An amount equal to the interest income taken |
| 5 | | into account for the taxable year (net of the |
| 6 | | deductions allocable thereto) with respect to |
| 7 | | transactions with (i) a foreign person who would be a |
| 8 | | member of the taxpayer's unitary business group but |
| 9 | | for the fact that the foreign person's business |
| 10 | | activity outside the United States is 80% or more of |
| 11 | | that person's total business activity and (ii) for |
| 12 | | taxable years ending on or after December 31, 2008, to |
| 13 | | a person who would be a member of the same unitary |
| 14 | | business group but for the fact that the person is |
| 15 | | prohibited under Section 1501(a)(27) from being |
| 16 | | included in the unitary business group because he or |
| 17 | | she is ordinarily required to apportion business |
| 18 | | income under different subsections of Section 304, but |
| 19 | | not to exceed the addition modification required to be |
| 20 | | made for the same taxable year under Section |
| 21 | | 203(b)(2)(E-12) for interest paid, accrued, or |
| 22 | | incurred, directly or indirectly, to the same person. |
| 23 | | This subparagraph (W) is exempt from the provisions of |
| 24 | | Section 250; |
| 25 | | (X) An amount equal to the income from intangible |
| 26 | | property taken into account for the taxable year (net |
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| 1 | | of the deductions allocable thereto) with respect to |
| 2 | | transactions with (i) a foreign person who would be a |
| 3 | | member of the taxpayer's unitary business group but |
| 4 | | for the fact that the foreign person's business |
| 5 | | activity outside the United States is 80% or more of |
| 6 | | that person's total business activity and (ii) for |
| 7 | | taxable years ending on or after December 31, 2008, to |
| 8 | | a person who would be a member of the same unitary |
| 9 | | business group but for the fact that the person is |
| 10 | | prohibited under Section 1501(a)(27) from being |
| 11 | | included in the unitary business group because he or |
| 12 | | she is ordinarily required to apportion business |
| 13 | | income under different subsections of Section 304, but |
| 14 | | not to exceed the addition modification required to be |
| 15 | | made for the same taxable year under Section |
| 16 | | 203(b)(2)(E-13) for intangible expenses and costs |
| 17 | | paid, accrued, or incurred, directly or indirectly, to |
| 18 | | the same foreign person. This subparagraph (X) is |
| 19 | | exempt from the provisions of Section 250; |
| 20 | | (Y) For taxable years ending on or after December |
| 21 | | 31, 2011, in the case of a taxpayer who was required to |
| 22 | | add back any insurance premiums under Section |
| 23 | | 203(b)(2)(E-14), such taxpayer may elect to subtract |
| 24 | | that part of a reimbursement received from the |
| 25 | | insurance company equal to the amount of the expense |
| 26 | | or loss (including expenses incurred by the insurance |
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| 1 | | company) that would have been taken into account as a |
| 2 | | deduction for federal income tax purposes if the |
| 3 | | expense or loss had been uninsured. If a taxpayer |
| 4 | | makes the election provided for by this subparagraph |
| 5 | | (Y), the insurer to which the premiums were paid must |
| 6 | | add back to income the amount subtracted by the |
| 7 | | taxpayer pursuant to this subparagraph (Y). This |
| 8 | | subparagraph (Y) is exempt from the provisions of |
| 9 | | Section 250; |
| 10 | | (Z) The difference between the nondeductible |
| 11 | | controlled foreign corporation dividends under Section |
| 12 | | 965(e)(3) of the Internal Revenue Code over the |
| 13 | | taxable income of the taxpayer, computed without |
| 14 | | regard to Section 965(e)(2)(A) of the Internal Revenue |
| 15 | | Code, and without regard to any net operating loss |
| 16 | | deduction. This subparagraph (Z) is exempt from the |
| 17 | | provisions of Section 250; and |
| 18 | | (AA) For taxable years beginning on or after |
| 19 | | January 1, 2023, for any cannabis establishment |
| 20 | | operating in this State and licensed under the |
| 21 | | Cannabis Regulation and Tax Act or any cannabis |
| 22 | | cultivation center or medical cannabis dispensing |
| 23 | | organization operating in this State and licensed |
| 24 | | under the Compassionate Use of Medical Cannabis |
| 25 | | Program Act, an amount equal to the deductions that |
| 26 | | were disallowed under Section 280E of the Internal |
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| 1 | | Revenue Code for the taxable year and that would not be |
| 2 | | added back under this subsection. The provisions of |
| 3 | | this subparagraph (AA) are exempt from the provisions |
| 4 | | of Section 250. |
| 5 | | (3) Special rule. For purposes of paragraph (2)(A), |
| 6 | | "gross income" in the case of a life insurance company, |
| 7 | | for tax years ending on and after December 31, 1994, and |
| 8 | | prior to December 31, 2011, shall mean the gross |
| 9 | | investment income for the taxable year and, for tax years |
| 10 | | ending on or after December 31, 2011, shall mean all |
| 11 | | amounts included in life insurance gross income under |
| 12 | | Section 803(a)(3) of the Internal Revenue Code.
|
| 13 | | (c) Trusts and estates. |
| 14 | | (1) In general. In the case of a trust or estate, base |
| 15 | | income means an amount equal to the taxpayer's taxable |
| 16 | | income for the taxable year as modified by paragraph (2). |
| 17 | | (2) Modifications. Subject to the provisions of |
| 18 | | paragraph (3), the taxable income referred to in paragraph |
| 19 | | (1) shall be modified by adding thereto the sum of the |
| 20 | | following amounts: |
| 21 | | (A) An amount equal to all amounts paid or accrued |
| 22 | | to the taxpayer as interest or dividends during the |
| 23 | | taxable year to the extent excluded from gross income |
| 24 | | in the computation of taxable income; |
| 25 | | (B) In the case of (i) an estate, $600; (ii) a |
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| 1 | | trust which, under its governing instrument, is |
| 2 | | required to distribute all of its income currently, |
| 3 | | $300; and (iii) any other trust, $100, but in each such |
| 4 | | case, only to the extent such amount was deducted in |
| 5 | | the computation of taxable income; |
| 6 | | (C) An amount equal to the amount of tax imposed by |
| 7 | | this Act to the extent deducted from gross income in |
| 8 | | the computation of taxable income for the taxable |
| 9 | | year; |
| 10 | | (D) The amount of any net operating loss deduction |
| 11 | | taken in arriving at taxable income, other than a net |
| 12 | | operating loss carried forward from a taxable year |
| 13 | | ending prior to December 31, 1986; |
| 14 | | (E) For taxable years in which a net operating |
| 15 | | loss carryback or carryforward from a taxable year |
| 16 | | ending prior to December 31, 1986 is an element of |
| 17 | | taxable income under paragraph (1) of subsection (e) |
| 18 | | or subparagraph (E) of paragraph (2) of subsection |
| 19 | | (e), the amount by which addition modifications other |
| 20 | | than those provided by this subparagraph (E) exceeded |
| 21 | | subtraction modifications in such taxable year, with |
| 22 | | the following limitations applied in the order that |
| 23 | | they are listed: |
| 24 | | (i) the addition modification relating to the |
| 25 | | net operating loss carried back or forward to the |
| 26 | | taxable year from any taxable year ending prior to |
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| 1 | | December 31, 1986 shall be reduced by the amount |
| 2 | | of addition modification under this subparagraph |
| 3 | | (E) which related to that net operating loss and |
| 4 | | which was taken into account in calculating the |
| 5 | | base income of an earlier taxable year, and |
| 6 | | (ii) the addition modification relating to the |
| 7 | | net operating loss carried back or forward to the |
| 8 | | taxable year from any taxable year ending prior to |
| 9 | | December 31, 1986 shall not exceed the amount of |
| 10 | | such carryback or carryforward; |
| 11 | | For taxable years in which there is a net |
| 12 | | operating loss carryback or carryforward from more |
| 13 | | than one other taxable year ending prior to December |
| 14 | | 31, 1986, the addition modification provided in this |
| 15 | | subparagraph (E) shall be the sum of the amounts |
| 16 | | computed independently under the preceding provisions |
| 17 | | of this subparagraph (E) for each such taxable year; |
| 18 | | (F) For taxable years ending on or after January |
| 19 | | 1, 1989, an amount equal to the tax deducted pursuant |
| 20 | | to Section 164 of the Internal Revenue Code if the |
| 21 | | trust or estate is claiming the same tax for purposes |
| 22 | | of the Illinois foreign tax credit under Section 601 |
| 23 | | of this Act; |
| 24 | | (G) An amount equal to the amount of the capital |
| 25 | | gain deduction allowable under the Internal Revenue |
| 26 | | Code, to the extent deducted from gross income in the |
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| 1 | | computation of taxable income; |
| 2 | | (G-5) For taxable years ending after December 31, |
| 3 | | 1997, an amount equal to any eligible remediation |
| 4 | | costs that the trust or estate deducted in computing |
| 5 | | adjusted gross income and for which the trust or |
| 6 | | estate claims a credit under subsection (l) of Section |
| 7 | | 201; |
| 8 | | (G-10) For taxable years 2001 and thereafter, an |
| 9 | | amount equal to the bonus depreciation deduction taken |
| 10 | | on the taxpayer's federal income tax return for the |
| 11 | | taxable year under subsection (k) of Section 168 of |
| 12 | | the Internal Revenue Code; and |
| 13 | | (G-11) If the taxpayer sells, transfers, abandons, |
| 14 | | or otherwise disposes of property for which the |
| 15 | | taxpayer was required in any taxable year to make an |
| 16 | | addition modification under subparagraph (G-10), then |
| 17 | | an amount equal to the aggregate amount of the |
| 18 | | deductions taken in all taxable years under |
| 19 | | subparagraph (R) with respect to that property. |
| 20 | | If the taxpayer continues to own property through |
| 21 | | the last day of the last tax year for which a |
| 22 | | subtraction is allowed with respect to that property |
| 23 | | under subparagraph (R) and for which the taxpayer was |
| 24 | | allowed in any taxable year to make a subtraction |
| 25 | | modification under subparagraph (R), then an amount |
| 26 | | equal to that subtraction modification. |
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| 1 | | The taxpayer is required to make the addition |
| 2 | | modification under this subparagraph only once with |
| 3 | | respect to any one piece of property; |
| 4 | | (G-12) An amount equal to the amount otherwise |
| 5 | | allowed as a deduction in computing base income for |
| 6 | | interest paid, accrued, or incurred, directly or |
| 7 | | indirectly, (i) for taxable years ending on or after |
| 8 | | December 31, 2004, to a foreign person who would be a |
| 9 | | member of the same unitary business group but for the |
| 10 | | fact that the foreign person's business activity |
| 11 | | outside the United States is 80% or more of the foreign |
| 12 | | person's total business activity and (ii) for taxable |
| 13 | | years ending on or after December 31, 2008, to a person |
| 14 | | who would be a member of the same unitary business |
| 15 | | group but for the fact that the person is prohibited |
| 16 | | under Section 1501(a)(27) from being included in the |
| 17 | | unitary business group because he or she is ordinarily |
| 18 | | required to apportion business income under different |
| 19 | | subsections of Section 304. The addition modification |
| 20 | | required by this subparagraph shall be reduced to the |
| 21 | | extent that dividends were included in base income of |
| 22 | | the unitary group for the same taxable year and |
| 23 | | received by the taxpayer or by a member of the |
| 24 | | taxpayer's unitary business group (including amounts |
| 25 | | included in gross income pursuant to Sections 951 |
| 26 | | through 964 of the Internal Revenue Code and amounts |
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| 1 | | included in gross income under Section 78 of the |
| 2 | | Internal Revenue Code) with respect to the stock of |
| 3 | | the same person to whom the interest was paid, |
| 4 | | accrued, or incurred. For taxable years ending on and |
| 5 | | after December 31, 2025, for purposes of applying this |
| 6 | | paragraph in the case of a taxpayer to which Section |
| 7 | | 163(j) of the Internal Revenue Code applies for the |
| 8 | | taxable year, the reduction in the amount of interest |
| 9 | | for which a deduction is allowed by reason of Section |
| 10 | | 163(j) shall be treated as allocable first to persons |
| 11 | | who are not foreign persons referred to in this |
| 12 | | paragraph and then to such foreign persons. |
| 13 | | For taxable years ending before December 31, 2025, |
| 14 | | this paragraph shall not apply to the following: |
| 15 | | (i) an item of interest paid, accrued, or |
| 16 | | incurred, directly or indirectly, to a person who |
| 17 | | is subject in a foreign country or state, other |
| 18 | | than a state which requires mandatory unitary |
| 19 | | reporting, to a tax on or measured by net income |
| 20 | | with respect to such interest; or |
| 21 | | (ii) an item of interest paid, accrued, or |
| 22 | | incurred, directly or indirectly, to a person if |
| 23 | | the taxpayer can establish, based on a |
| 24 | | preponderance of the evidence, both of the |
| 25 | | following: |
| 26 | | (a) the person, during the same taxable |
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| 1 | | year, paid, accrued, or incurred, the interest |
| 2 | | to a person that is not a related member, and |
| 3 | | (b) the transaction giving rise to the |
| 4 | | interest expense between the taxpayer and the |
| 5 | | person did not have as a principal purpose the |
| 6 | | avoidance of Illinois income tax, and is paid |
| 7 | | pursuant to a contract or agreement that |
| 8 | | reflects an arm's-length interest rate and |
| 9 | | terms; or |
| 10 | | (iii) the taxpayer can establish, based on |
| 11 | | clear and convincing evidence, that the interest |
| 12 | | paid, accrued, or incurred relates to a contract |
| 13 | | or agreement entered into at arm's-length rates |
| 14 | | and terms and the principal purpose for the |
| 15 | | payment is not federal or Illinois tax avoidance; |
| 16 | | or |
| 17 | | (iv) an item of interest paid, accrued, or |
| 18 | | incurred, directly or indirectly, to a person if |
| 19 | | the taxpayer establishes by clear and convincing |
| 20 | | evidence that the adjustments are unreasonable; or |
| 21 | | if the taxpayer and the Director agree in writing |
| 22 | | to the application or use of an alternative method |
| 23 | | of apportionment under Section 304(f). |
| 24 | | For taxable years ending on or after December 31, |
| 25 | | 2025, this paragraph shall not apply to the following: |
| 26 | | (i) an item of interest paid, accrued, or |
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| 1 | | incurred, directly or indirectly, to a person if |
| 2 | | the taxpayer can establish, based on a |
| 3 | | preponderance of the evidence, both of the |
| 4 | | following: |
| 5 | | (a) the person, during the same taxable |
| 6 | | year, paid, accrued, or incurred, the interest |
| 7 | | to a person that is not a related member, and |
| 8 | | (b) the transaction giving rise to the |
| 9 | | interest expense between the taxpayer and the |
| 10 | | person did not have as a principal purpose the |
| 11 | | avoidance of Illinois income tax, and is paid |
| 12 | | pursuant to a contract or agreement that |
| 13 | | reflects an arm's-length interest rate and |
| 14 | | terms; or |
| 15 | | (ii) an item of interest paid, accrued, or |
| 16 | | incurred, directly or indirectly, to a person if |
| 17 | | the taxpayer establishes by clear and convincing |
| 18 | | evidence that the adjustments are unreasonable; or |
| 19 | | if the taxpayer and the Director agree in writing |
| 20 | | to the application or use of an alternative method |
| 21 | | of apportionment under Section 304(f). |
| 22 | | Nothing in this subsection shall preclude the |
| 23 | | Director from making any other adjustment otherwise |
| 24 | | allowed under Section 404 of this Act for any tax year |
| 25 | | beginning after the effective date of this amendment |
| 26 | | provided such adjustment is made pursuant to |
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| 1 | | regulation adopted by the Department and such |
| 2 | | regulations provide methods and standards by which the |
| 3 | | Department will utilize its authority under Section |
| 4 | | 404 of this Act; |
| 5 | | (G-13) An amount equal to the amount of intangible |
| 6 | | expenses and costs otherwise allowed as a deduction in |
| 7 | | computing base income, and that were paid, accrued, or |
| 8 | | incurred, directly or indirectly, (i) for taxable |
| 9 | | years ending on or after December 31, 2004, to a |
| 10 | | foreign person who would be a member of the same |
| 11 | | unitary business group but for the fact that the |
| 12 | | foreign person's business activity outside the United |
| 13 | | States is 80% or more of that person's total business |
| 14 | | activity and (ii) for taxable years ending on or after |
| 15 | | December 31, 2008, to a person who would be a member of |
| 16 | | the same unitary business group but for the fact that |
| 17 | | the person is prohibited under Section 1501(a)(27) |
| 18 | | from being included in the unitary business group |
| 19 | | because he or she is ordinarily required to apportion |
| 20 | | business income under different subsections of Section |
| 21 | | 304. The addition modification required by this |
| 22 | | subparagraph shall be reduced to the extent that |
| 23 | | dividends were included in base income of the unitary |
| 24 | | group for the same taxable year and received by the |
| 25 | | taxpayer or by a member of the taxpayer's unitary |
| 26 | | business group (including amounts included in gross |
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| 1 | | income pursuant to Sections 951 through 964 of the |
| 2 | | Internal Revenue Code and amounts included in gross |
| 3 | | income under Section 78 of the Internal Revenue Code) |
| 4 | | with respect to the stock of the same person to whom |
| 5 | | the intangible expenses and costs were directly or |
| 6 | | indirectly paid, incurred, or accrued. The preceding |
| 7 | | sentence shall not apply to the extent that the same |
| 8 | | dividends caused a reduction to the addition |
| 9 | | modification required under Section 203(c)(2)(G-12) of |
| 10 | | this Act. As used in this subparagraph, the term |
| 11 | | "intangible expenses and costs" includes: (1) |
| 12 | | expenses, losses, and costs for or related to the |
| 13 | | direct or indirect acquisition, use, maintenance or |
| 14 | | management, ownership, sale, exchange, or any other |
| 15 | | disposition of intangible property; (2) losses |
| 16 | | incurred, directly or indirectly, from factoring |
| 17 | | transactions or discounting transactions; (3) royalty, |
| 18 | | patent, technical, and copyright fees; (4) licensing |
| 19 | | fees; and (5) other similar expenses and costs. For |
| 20 | | purposes of this subparagraph, "intangible property" |
| 21 | | includes patents, patent applications, trade names, |
| 22 | | trademarks, service marks, copyrights, mask works, |
| 23 | | trade secrets, and similar types of intangible assets. |
| 24 | | For taxable years ending before December 31, 2025, |
| 25 | | this paragraph shall not apply to the following: |
| 26 | | (i) any item of intangible expenses or costs |
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| 1 | | paid, accrued, or incurred, directly or |
| 2 | | indirectly, from a transaction with a person who |
| 3 | | is subject in a foreign country or state, other |
| 4 | | than a state which requires mandatory unitary |
| 5 | | reporting, to a tax on or measured by net income |
| 6 | | with respect to such item; or |
| 7 | | (ii) any item of intangible expense or cost |
| 8 | | paid, accrued, or incurred, directly or |
| 9 | | indirectly, if the taxpayer can establish, based |
| 10 | | on a preponderance of the evidence, both of the |
| 11 | | following: |
| 12 | | (a) the person during the same taxable |
| 13 | | year paid, accrued, or incurred, the |
| 14 | | intangible expense or cost to a person that is |
| 15 | | not a related member, and |
| 16 | | (b) the transaction giving rise to the |
| 17 | | intangible expense or cost between the |
| 18 | | taxpayer and the person did not have as a |
| 19 | | principal purpose the avoidance of Illinois |
| 20 | | income tax, and is paid pursuant to a contract |
| 21 | | or agreement that reflects arm's-length terms; |
| 22 | | or |
| 23 | | (iii) any item of intangible expense or cost |
| 24 | | paid, accrued, or incurred, directly or |
| 25 | | indirectly, from a transaction with a person if |
| 26 | | the taxpayer establishes by clear and convincing |
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| 1 | | evidence, that the adjustments are unreasonable; |
| 2 | | or if the taxpayer and the Director agree in |
| 3 | | writing to the application or use of an |
| 4 | | alternative method of apportionment under Section |
| 5 | | 304(f); |
| 6 | | For taxable years ending on or after December 31, |
| 7 | | 2025, this paragraph shall not apply to the following: |
| 8 | | (i) any item of intangible expense or cost |
| 9 | | paid, accrued, or incurred, directly or |
| 10 | | indirectly, if the taxpayer can establish, based |
| 11 | | on a preponderance of the evidence, both of the |
| 12 | | following: |
| 13 | | (a) the person during the same taxable |
| 14 | | year paid, accrued, or incurred, the |
| 15 | | intangible expense or cost to a person that is |
| 16 | | not a related member, and |
| 17 | | (b) the transaction giving rise to the |
| 18 | | intangible expense or cost between the |
| 19 | | taxpayer and the person did not have as a |
| 20 | | principal purpose the avoidance of Illinois |
| 21 | | income tax, and is paid pursuant to a contract |
| 22 | | or agreement that reflects arm's-length terms; |
| 23 | | or |
| 24 | | (ii) any item of intangible expense or cost |
| 25 | | paid, accrued, or incurred, directly or |
| 26 | | indirectly, from a transaction with a person if |
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| 1 | | the taxpayer establishes by clear and convincing |
| 2 | | evidence, that the adjustments are unreasonable; |
| 3 | | or if the taxpayer and the Director agree in |
| 4 | | writing to the application or use of an |
| 5 | | alternative method of apportionment under Section |
| 6 | | 304(f). |
| 7 | | Nothing in this subsection shall preclude the |
| 8 | | Director from making any other adjustment otherwise |
| 9 | | allowed under Section 404 of this Act for any tax year |
| 10 | | beginning after the effective date of this amendment |
| 11 | | provided such adjustment is made pursuant to |
| 12 | | regulation adopted by the Department and such |
| 13 | | regulations provide methods and standards by which the |
| 14 | | Department will utilize its authority under Section |
| 15 | | 404 of this Act; |
| 16 | | (G-14) For taxable years ending on or after |
| 17 | | December 31, 2008, an amount equal to the amount of |
| 18 | | insurance premium expenses and costs otherwise allowed |
| 19 | | as a deduction in computing base income, and that were |
| 20 | | paid, accrued, or incurred, directly or indirectly, to |
| 21 | | a person who would be a member of the same unitary |
| 22 | | business group but for the fact that the person is |
| 23 | | prohibited under Section 1501(a)(27) from being |
| 24 | | included in the unitary business group because he or |
| 25 | | she is ordinarily required to apportion business |
| 26 | | income under different subsections of Section 304. The |
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| 1 | | addition modification required by this subparagraph |
| 2 | | shall be reduced to the extent that dividends were |
| 3 | | included in base income of the unitary group for the |
| 4 | | same taxable year and received by the taxpayer or by a |
| 5 | | member of the taxpayer's unitary business group |
| 6 | | (including amounts included in gross income under |
| 7 | | Sections 951 through 964 of the Internal Revenue Code |
| 8 | | and amounts included in gross income under Section 78 |
| 9 | | of the Internal Revenue Code) with respect to the |
| 10 | | stock of the same person to whom the premiums and costs |
| 11 | | were directly or indirectly paid, incurred, or |
| 12 | | accrued. The preceding sentence does not apply to the |
| 13 | | extent that the same dividends caused a reduction to |
| 14 | | the addition modification required under Section |
| 15 | | 203(c)(2)(G-12) or Section 203(c)(2)(G-13) of this |
| 16 | | Act; |
| 17 | | (G-15) An amount equal to the credit allowable to |
| 18 | | the taxpayer under Section 218(a) of this Act, |
| 19 | | determined without regard to Section 218(c) of this |
| 20 | | Act; |
| 21 | | (G-16) For taxable years ending on or after |
| 22 | | December 31, 2017, an amount equal to the deduction |
| 23 | | allowed under Section 199 of the Internal Revenue Code |
| 24 | | for the taxable year; |
| 25 | | (G-17) the amount that is claimed as a federal |
| 26 | | deduction when computing the taxpayer's federal |
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| 1 | | taxable income for the taxable year and that is |
| 2 | | attributable to an endowment gift for which the |
| 3 | | taxpayer receives a credit under the Illinois Gives |
| 4 | | Tax Credit Act; |
| 5 | | and by deducting from the total so obtained the sum of the |
| 6 | | following amounts: |
| 7 | | (H) An amount equal to all amounts included in |
| 8 | | such total pursuant to the provisions of Sections |
| 9 | | 402(a), 402(c), 403(a), 403(b), 406(a), 407(a) and 408 |
| 10 | | of the Internal Revenue Code or included in such total |
| 11 | | as distributions under the provisions of any |
| 12 | | retirement or disability plan for employees of any |
| 13 | | governmental agency or unit, or retirement payments to |
| 14 | | retired partners, which payments are excluded in |
| 15 | | computing net earnings from self employment by Section |
| 16 | | 1402 of the Internal Revenue Code and regulations |
| 17 | | adopted pursuant thereto; |
| 18 | | (I) The valuation limitation amount; |
| 19 | | (J) An amount equal to the amount of any tax |
| 20 | | imposed by this Act which was refunded to the taxpayer |
| 21 | | and included in such total for the taxable year; |
| 22 | | (K) An amount equal to all amounts included in |
| 23 | | taxable income as modified by subparagraphs (A), (B), |
| 24 | | (C), (D), (E), (F) and (G) which are exempt from |
| 25 | | taxation by this State either by reason of its |
| 26 | | statutes or Constitution or by reason of the |
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| 1 | | Constitution, treaties or statutes of the United |
| 2 | | States; provided that, in the case of any statute of |
| 3 | | this State that exempts income derived from bonds or |
| 4 | | other obligations from the tax imposed under this Act, |
| 5 | | the amount exempted shall be the interest net of bond |
| 6 | | premium amortization; |
| 7 | | (L) With the exception of any amounts subtracted |
| 8 | | under subparagraph (K), an amount equal to the sum of |
| 9 | | all amounts disallowed as deductions by (i) Sections |
| 10 | | 171(a)(2) and 265(a)(2) of the Internal Revenue Code, |
| 11 | | and all amounts of expenses allocable to interest and |
| 12 | | disallowed as deductions by Section 265(a)(1) of the |
| 13 | | Internal Revenue Code; and (ii) for taxable years |
| 14 | | ending on or after August 13, 1999, Sections |
| 15 | | 171(a)(2), 265, 280C, and 832(b)(5)(B)(i) of the |
| 16 | | Internal Revenue Code, plus, (iii) for taxable years |
| 17 | | ending on or after December 31, 2011, Section |
| 18 | | 45G(e)(3) of the Internal Revenue Code and, for |
| 19 | | taxable years ending on or after December 31, 2008, |
| 20 | | any amount included in gross income under Section 87 |
| 21 | | of the Internal Revenue Code; the provisions of this |
| 22 | | subparagraph are exempt from the provisions of Section |
| 23 | | 250; |
| 24 | | (M) An amount equal to those dividends included in |
| 25 | | such total which were paid by a corporation which |
| 26 | | conducts business operations in a River Edge |
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| 1 | | Redevelopment Zone or zones created under the River |
| 2 | | Edge Redevelopment Zone Act and conducts substantially |
| 3 | | all of its operations in a River Edge Redevelopment |
| 4 | | Zone or zones. This subparagraph (M) is exempt from |
| 5 | | the provisions of Section 250; |
| 6 | | (N) An amount equal to any contribution made to a |
| 7 | | job training project established pursuant to the Tax |
| 8 | | Increment Allocation Redevelopment Act; |
| 9 | | (O) An amount equal to those dividends included in |
| 10 | | such total that were paid by a corporation that |
| 11 | | conducts business operations in a federally designated |
| 12 | | Foreign Trade Zone or Sub-Zone and that is designated |
| 13 | | a High Impact Business located in Illinois; provided |
| 14 | | that dividends eligible for the deduction provided in |
| 15 | | subparagraph (M) of paragraph (2) of this subsection |
| 16 | | shall not be eligible for the deduction provided under |
| 17 | | this subparagraph (O); |
| 18 | | (P) An amount equal to the amount of the deduction |
| 19 | | used to compute the federal income tax credit for |
| 20 | | restoration of substantial amounts held under claim of |
| 21 | | right for the taxable year pursuant to Section 1341 of |
| 22 | | the Internal Revenue Code; |
| 23 | | (Q) For taxable year 1999 and thereafter, an |
| 24 | | amount equal to the amount of any (i) distributions, |
| 25 | | to the extent includible in gross income for federal |
| 26 | | income tax purposes, made to the taxpayer because of |
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| 1 | | his or her status as a victim of persecution for racial |
| 2 | | or religious reasons by Nazi Germany or any other Axis |
| 3 | | regime or as an heir of the victim and (ii) items of |
| 4 | | income, to the extent includible in gross income for |
| 5 | | federal income tax purposes, attributable to, derived |
| 6 | | from or in any way related to assets stolen from, |
| 7 | | hidden from, or otherwise lost to a victim of |
| 8 | | persecution for racial or religious reasons by Nazi |
| 9 | | Germany or any other Axis regime immediately prior to, |
| 10 | | during, and immediately after World War II, including, |
| 11 | | but not limited to, interest on the proceeds |
| 12 | | receivable as insurance under policies issued to a |
| 13 | | victim of persecution for racial or religious reasons |
| 14 | | by Nazi Germany or any other Axis regime by European |
| 15 | | insurance companies immediately prior to and during |
| 16 | | World War II; provided, however, this subtraction from |
| 17 | | federal adjusted gross income does not apply to assets |
| 18 | | acquired with such assets or with the proceeds from |
| 19 | | the sale of such assets; provided, further, this |
| 20 | | paragraph shall only apply to a taxpayer who was the |
| 21 | | first recipient of such assets after their recovery |
| 22 | | and who is a victim of persecution for racial or |
| 23 | | religious reasons by Nazi Germany or any other Axis |
| 24 | | regime or as an heir of the victim. The amount of and |
| 25 | | the eligibility for any public assistance, benefit, or |
| 26 | | similar entitlement is not affected by the inclusion |
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| 1 | | of items (i) and (ii) of this paragraph in gross income |
| 2 | | for federal income tax purposes. This paragraph is |
| 3 | | exempt from the provisions of Section 250; |
| 4 | | (R) For taxable years 2001 and thereafter, for the |
| 5 | | taxable year in which the bonus depreciation deduction |
| 6 | | is taken on the taxpayer's federal income tax return |
| 7 | | under subsection (k) of Section 168 of the Internal |
| 8 | | Revenue Code and for each applicable taxable year |
| 9 | | thereafter, an amount equal to "x", where: |
| 10 | | (1) "y" equals the amount of the depreciation |
| 11 | | deduction taken for the taxable year on the |
| 12 | | taxpayer's federal income tax return on property |
| 13 | | for which the bonus depreciation deduction was |
| 14 | | taken in any year under subsection (k) of Section |
| 15 | | 168 of the Internal Revenue Code, but not |
| 16 | | including the bonus depreciation deduction; |
| 17 | | (2) for taxable years ending on or before |
| 18 | | December 31, 2005, "x" equals "y" multiplied by 30 |
| 19 | | and then divided by 70 (or "y" multiplied by |
| 20 | | 0.429); and |
| 21 | | (3) for taxable years ending after December |
| 22 | | 31, 2005: |
| 23 | | (i) for property on which a bonus |
| 24 | | depreciation deduction of 30% of the adjusted |
| 25 | | basis was taken, "x" equals "y" multiplied by |
| 26 | | 30 and then divided by 70 (or "y" multiplied |
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| 1 | | by 0.429); |
| 2 | | (ii) for property on which a bonus |
| 3 | | depreciation deduction of 50% of the adjusted |
| 4 | | basis was taken, "x" equals "y" multiplied by |
| 5 | | 1.0; |
| 6 | | (iii) for property on which a bonus |
| 7 | | depreciation deduction of 100% of the adjusted |
| 8 | | basis was taken in a taxable year ending on or |
| 9 | | after December 31, 2021, "x" equals the |
| 10 | | depreciation deduction that would be allowed |
| 11 | | on that property if the taxpayer had made the |
| 12 | | election under Section 168(k)(7) of the |
| 13 | | Internal Revenue Code to not claim bonus |
| 14 | | depreciation on that property; and |
| 15 | | (iv) for property on which a bonus |
| 16 | | depreciation deduction of a percentage other |
| 17 | | than 30%, 50% or 100% of the adjusted basis |
| 18 | | was taken in a taxable year ending on or after |
| 19 | | December 31, 2021, "x" equals "y" multiplied |
| 20 | | by 100 times the percentage bonus depreciation |
| 21 | | on the property (that is, 100(bonus%)) and |
| 22 | | then divided by 100 times 1 minus the |
| 23 | | percentage bonus depreciation on the property |
| 24 | | (that is, 100(1-bonus%)). |
| 25 | | The aggregate amount deducted under this |
| 26 | | subparagraph in all taxable years for any one piece of |
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| 1 | | property may not exceed the amount of the bonus |
| 2 | | depreciation deduction taken on that property on the |
| 3 | | taxpayer's federal income tax return under subsection |
| 4 | | (k) of Section 168 of the Internal Revenue Code. This |
| 5 | | subparagraph (R) is exempt from the provisions of |
| 6 | | Section 250; |
| 7 | | (S) If the taxpayer sells, transfers, abandons, or |
| 8 | | otherwise disposes of property for which the taxpayer |
| 9 | | was required in any taxable year to make an addition |
| 10 | | modification under subparagraph (G-10), then an amount |
| 11 | | equal to that addition modification. |
| 12 | | If the taxpayer continues to own property through |
| 13 | | the last day of the last tax year for which a |
| 14 | | subtraction is allowed with respect to that property |
| 15 | | under subparagraph (R) and for which the taxpayer was |
| 16 | | required in any taxable year to make an addition |
| 17 | | modification under subparagraph (G-10), then an amount |
| 18 | | equal to that addition modification. |
| 19 | | The taxpayer is allowed to take the deduction |
| 20 | | under this subparagraph only once with respect to any |
| 21 | | one piece of property. |
| 22 | | This subparagraph (S) is exempt from the |
| 23 | | provisions of Section 250; |
| 24 | | (T) The amount of (i) any interest income (net of |
| 25 | | the deductions allocable thereto) taken into account |
| 26 | | for the taxable year with respect to a transaction |
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| 1 | | with a taxpayer that is required to make an addition |
| 2 | | modification with respect to such transaction under |
| 3 | | Section 203(a)(2)(D-17), 203(b)(2)(E-12), |
| 4 | | 203(c)(2)(G-12), or 203(d)(2)(D-7), but not to exceed |
| 5 | | the amount of such addition modification and (ii) any |
| 6 | | income from intangible property (net of the deductions |
| 7 | | allocable thereto) taken into account for the taxable |
| 8 | | year with respect to a transaction with a taxpayer |
| 9 | | that is required to make an addition modification with |
| 10 | | respect to such transaction under Section |
| 11 | | 203(a)(2)(D-18), 203(b)(2)(E-13), 203(c)(2)(G-13), or |
| 12 | | 203(d)(2)(D-8), but not to exceed the amount of such |
| 13 | | addition modification. This subparagraph (T) is exempt |
| 14 | | from the provisions of Section 250; |
| 15 | | (U) An amount equal to the interest income taken |
| 16 | | into account for the taxable year (net of the |
| 17 | | deductions allocable thereto) with respect to |
| 18 | | transactions with (i) a foreign person who would be a |
| 19 | | member of the taxpayer's unitary business group but |
| 20 | | for the fact the foreign person's business activity |
| 21 | | outside the United States is 80% or more of that |
| 22 | | person's total business activity and (ii) for taxable |
| 23 | | years ending on or after December 31, 2008, to a person |
| 24 | | who would be a member of the same unitary business |
| 25 | | group but for the fact that the person is prohibited |
| 26 | | under Section 1501(a)(27) from being included in the |
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| 1 | | unitary business group because he or she is ordinarily |
| 2 | | required to apportion business income under different |
| 3 | | subsections of Section 304, but not to exceed the |
| 4 | | addition modification required to be made for the same |
| 5 | | taxable year under Section 203(c)(2)(G-12) for |
| 6 | | interest paid, accrued, or incurred, directly or |
| 7 | | indirectly, to the same person. This subparagraph (U) |
| 8 | | is exempt from the provisions of Section 250; |
| 9 | | (V) An amount equal to the income from intangible |
| 10 | | property taken into account for the taxable year (net |
| 11 | | of the deductions allocable thereto) with respect to |
| 12 | | transactions with (i) a foreign person who would be a |
| 13 | | member of the taxpayer's unitary business group but |
| 14 | | for the fact that the foreign person's business |
| 15 | | activity outside the United States is 80% or more of |
| 16 | | that person's total business activity and (ii) for |
| 17 | | taxable years ending on or after December 31, 2008, to |
| 18 | | a person who would be a member of the same unitary |
| 19 | | business group but for the fact that the person is |
| 20 | | prohibited under Section 1501(a)(27) from being |
| 21 | | included in the unitary business group because he or |
| 22 | | she is ordinarily required to apportion business |
| 23 | | income under different subsections of Section 304, but |
| 24 | | not to exceed the addition modification required to be |
| 25 | | made for the same taxable year under Section |
| 26 | | 203(c)(2)(G-13) for intangible expenses and costs |
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| 1 | | paid, accrued, or incurred, directly or indirectly, to |
| 2 | | the same foreign person. This subparagraph (V) is |
| 3 | | exempt from the provisions of Section 250; |
| 4 | | (W) in the case of an estate, an amount equal to |
| 5 | | all amounts included in such total pursuant to the |
| 6 | | provisions of Section 111 of the Internal Revenue Code |
| 7 | | as a recovery of items previously deducted by the |
| 8 | | decedent from adjusted gross income in the computation |
| 9 | | of taxable income. This subparagraph (W) is exempt |
| 10 | | from Section 250; |
| 11 | | (X) an amount equal to the refund included in such |
| 12 | | total of any tax deducted for federal income tax |
| 13 | | purposes, to the extent that deduction was added back |
| 14 | | under subparagraph (F). This subparagraph (X) is |
| 15 | | exempt from the provisions of Section 250; |
| 16 | | (Y) For taxable years ending on or after December |
| 17 | | 31, 2011, in the case of a taxpayer who was required to |
| 18 | | add back any insurance premiums under Section |
| 19 | | 203(c)(2)(G-14), such taxpayer may elect to subtract |
| 20 | | that part of a reimbursement received from the |
| 21 | | insurance company equal to the amount of the expense |
| 22 | | or loss (including expenses incurred by the insurance |
| 23 | | company) that would have been taken into account as a |
| 24 | | deduction for federal income tax purposes if the |
| 25 | | expense or loss had been uninsured. If a taxpayer |
| 26 | | makes the election provided for by this subparagraph |
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| 1 | | (Y), the insurer to which the premiums were paid must |
| 2 | | add back to income the amount subtracted by the |
| 3 | | taxpayer pursuant to this subparagraph (Y). This |
| 4 | | subparagraph (Y) is exempt from the provisions of |
| 5 | | Section 250; |
| 6 | | (Z) For taxable years beginning after December 31, |
| 7 | | 2018 and before January 1, 2026, the amount of excess |
| 8 | | business loss of the taxpayer disallowed as a |
| 9 | | deduction by Section 461(l)(1)(B) of the Internal |
| 10 | | Revenue Code; and |
| 11 | | (AA) For taxable years beginning on or after |
| 12 | | January 1, 2023, for any cannabis establishment |
| 13 | | operating in this State and licensed under the |
| 14 | | Cannabis Regulation and Tax Act or any cannabis |
| 15 | | cultivation center or medical cannabis dispensing |
| 16 | | organization operating in this State and licensed |
| 17 | | under the Compassionate Use of Medical Cannabis |
| 18 | | Program Act, an amount equal to the deductions that |
| 19 | | were disallowed under Section 280E of the Internal |
| 20 | | Revenue Code for the taxable year and that would not be |
| 21 | | added back under this subsection. The provisions of |
| 22 | | this subparagraph (AA) are exempt from the provisions |
| 23 | | of Section 250. |
| 24 | | (3) Limitation. The amount of any modification |
| 25 | | otherwise required under this subsection shall, under |
| 26 | | regulations prescribed by the Department, be adjusted by |
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| 1 | | any amounts included therein which were properly paid, |
| 2 | | credited, or required to be distributed, or permanently |
| 3 | | set aside for charitable purposes pursuant to Internal |
| 4 | | Revenue Code Section 642(c) during the taxable year.
|
| 5 | | (d) Partnerships. |
| 6 | | (1) In general. In the case of a partnership, base |
| 7 | | income means an amount equal to the taxpayer's taxable |
| 8 | | income for the taxable year as modified by paragraph (2). |
| 9 | | (2) Modifications. The taxable income referred to in |
| 10 | | paragraph (1) shall be modified by adding thereto the sum |
| 11 | | of the following amounts: |
| 12 | | (A) An amount equal to all amounts paid or accrued |
| 13 | | to the taxpayer as interest or dividends during the |
| 14 | | taxable year to the extent excluded from gross income |
| 15 | | in the computation of taxable income; |
| 16 | | (B) An amount equal to the amount of tax imposed by |
| 17 | | this Act to the extent deducted from gross income for |
| 18 | | the taxable year; |
| 19 | | (C) The amount of deductions allowed to the |
| 20 | | partnership pursuant to Section 707 (c) of the |
| 21 | | Internal Revenue Code in calculating its taxable |
| 22 | | income; |
| 23 | | (D) An amount equal to the amount of the capital |
| 24 | | gain deduction allowable under the Internal Revenue |
| 25 | | Code, to the extent deducted from gross income in the |
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| 1 | | computation of taxable income; |
| 2 | | (D-5) For taxable years 2001 and thereafter, an |
| 3 | | amount equal to the bonus depreciation deduction taken |
| 4 | | on the taxpayer's federal income tax return for the |
| 5 | | taxable year under subsection (k) of Section 168 of |
| 6 | | the Internal Revenue Code; |
| 7 | | (D-6) If the taxpayer sells, transfers, abandons, |
| 8 | | or otherwise disposes of property for which the |
| 9 | | taxpayer was required in any taxable year to make an |
| 10 | | addition modification under subparagraph (D-5), then |
| 11 | | an amount equal to the aggregate amount of the |
| 12 | | deductions taken in all taxable years under |
| 13 | | subparagraph (O) with respect to that property. |
| 14 | | If the taxpayer continues to own property through |
| 15 | | the last day of the last tax year for which a |
| 16 | | subtraction is allowed with respect to that property |
| 17 | | under subparagraph (O) and for which the taxpayer was |
| 18 | | allowed in any taxable year to make a subtraction |
| 19 | | modification under subparagraph (O), then an amount |
| 20 | | equal to that subtraction modification. |
| 21 | | The taxpayer is required to make the addition |
| 22 | | modification under this subparagraph only once with |
| 23 | | respect to any one piece of property; |
| 24 | | (D-7) An amount equal to the amount otherwise |
| 25 | | allowed as a deduction in computing base income for |
| 26 | | interest paid, accrued, or incurred, directly or |
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| 1 | | indirectly, (i) for taxable years ending on or after |
| 2 | | December 31, 2004, to a foreign person who would be a |
| 3 | | member of the same unitary business group but for the |
| 4 | | fact the foreign person's business activity outside |
| 5 | | the United States is 80% or more of the foreign |
| 6 | | person's total business activity and (ii) for taxable |
| 7 | | years ending on or after December 31, 2008, to a person |
| 8 | | who would be a member of the same unitary business |
| 9 | | group but for the fact that the person is prohibited |
| 10 | | under Section 1501(a)(27) from being included in the |
| 11 | | unitary business group because he or she is ordinarily |
| 12 | | required to apportion business income under different |
| 13 | | subsections of Section 304. The addition modification |
| 14 | | required by this subparagraph shall be reduced to the |
| 15 | | extent that dividends were included in base income of |
| 16 | | the unitary group for the same taxable year and |
| 17 | | received by the taxpayer or by a member of the |
| 18 | | taxpayer's unitary business group (including amounts |
| 19 | | included in gross income pursuant to Sections 951 |
| 20 | | through 964 of the Internal Revenue Code and amounts |
| 21 | | included in gross income under Section 78 of the |
| 22 | | Internal Revenue Code) with respect to the stock of |
| 23 | | the same person to whom the interest was paid, |
| 24 | | accrued, or incurred. For taxable years ending on and |
| 25 | | after December 31, 2025, for purposes of applying this |
| 26 | | paragraph in the case of a taxpayer to which Section |
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| 1 | | 163(j) of the Internal Revenue Code applies for the |
| 2 | | taxable year, the reduction in the amount of interest |
| 3 | | for which a deduction is allowed by reason of Section |
| 4 | | 163(j) shall be treated as allocable first to persons |
| 5 | | who are not foreign persons referred to in this |
| 6 | | paragraph and then to such foreign persons. |
| 7 | | For taxable years ending before December 31, 2025, |
| 8 | | this paragraph shall not apply to the following: |
| 9 | | (i) an item of interest paid, accrued, or |
| 10 | | incurred, directly or indirectly, to a person who |
| 11 | | is subject in a foreign country or state, other |
| 12 | | than a state which requires mandatory unitary |
| 13 | | reporting, to a tax on or measured by net income |
| 14 | | with respect to such interest; or |
| 15 | | (ii) an item of interest paid, accrued, or |
| 16 | | incurred, directly or indirectly, to a person if |
| 17 | | the taxpayer can establish, based on a |
| 18 | | preponderance of the evidence, both of the |
| 19 | | following: |
| 20 | | (a) the person, during the same taxable |
| 21 | | year, paid, accrued, or incurred, the interest |
| 22 | | to a person that is not a related member, and |
| 23 | | (b) the transaction giving rise to the |
| 24 | | interest expense between the taxpayer and the |
| 25 | | person did not have as a principal purpose the |
| 26 | | avoidance of Illinois income tax, and is paid |
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| 1 | | pursuant to a contract or agreement that |
| 2 | | reflects an arm's-length interest rate and |
| 3 | | terms; or |
| 4 | | (iii) the taxpayer can establish, based on |
| 5 | | clear and convincing evidence, that the interest |
| 6 | | paid, accrued, or incurred relates to a contract |
| 7 | | or agreement entered into at arm's-length rates |
| 8 | | and terms and the principal purpose for the |
| 9 | | payment is not federal or Illinois tax avoidance; |
| 10 | | or |
| 11 | | (iv) an item of interest paid, accrued, or |
| 12 | | incurred, directly or indirectly, to a person if |
| 13 | | the taxpayer establishes by clear and convincing |
| 14 | | evidence that the adjustments are unreasonable; or |
| 15 | | if the taxpayer and the Director agree in writing |
| 16 | | to the application or use of an alternative method |
| 17 | | of apportionment under Section 304(f). |
| 18 | | For taxable years ending on or after December 31, |
| 19 | | 2025, this paragraph shall not apply to the following: |
| 20 | | (i) an item of interest paid, accrued, or |
| 21 | | incurred, directly or indirectly, to a person if |
| 22 | | the taxpayer can establish, based on a |
| 23 | | preponderance of the evidence, both of the |
| 24 | | following: |
| 25 | | (a) the person, during the same taxable |
| 26 | | year, paid, accrued, or incurred, the interest |
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| 1 | | to a person that is not a related member, and |
| 2 | | (b) the transaction giving rise to the |
| 3 | | interest expense between the taxpayer and the |
| 4 | | person did not have as a principal purpose the |
| 5 | | avoidance of Illinois income tax, and is paid |
| 6 | | pursuant to a contract or agreement that |
| 7 | | reflects an arm's-length interest rate and |
| 8 | | terms; or |
| 9 | | (ii) an item of interest paid, accrued, or |
| 10 | | incurred, directly or indirectly, to a person if |
| 11 | | the taxpayer establishes by clear and convincing |
| 12 | | evidence that the adjustments are unreasonable; or |
| 13 | | if the taxpayer and the Director agree in writing |
| 14 | | to the application or use of an alternative method |
| 15 | | of apportionment under Section 304(f). |
| 16 | | Nothing in this subsection shall preclude the |
| 17 | | Director from making any other adjustment otherwise |
| 18 | | allowed under Section 404 of this Act for any tax year |
| 19 | | beginning after the effective date of this amendment |
| 20 | | provided such adjustment is made pursuant to |
| 21 | | regulation adopted by the Department and such |
| 22 | | regulations provide methods and standards by which the |
| 23 | | Department will utilize its authority under Section |
| 24 | | 404 of this Act; and |
| 25 | | (D-8) An amount equal to the amount of intangible |
| 26 | | expenses and costs otherwise allowed as a deduction in |
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| 1 | | computing base income, and that were paid, accrued, or |
| 2 | | incurred, directly or indirectly, (i) for taxable |
| 3 | | years ending on or after December 31, 2004, to a |
| 4 | | foreign person who would be a member of the same |
| 5 | | unitary business group but for the fact that the |
| 6 | | foreign person's business activity outside the United |
| 7 | | States is 80% or more of that person's total business |
| 8 | | activity and (ii) for taxable years ending on or after |
| 9 | | December 31, 2008, to a person who would be a member of |
| 10 | | the same unitary business group but for the fact that |
| 11 | | the person is prohibited under Section 1501(a)(27) |
| 12 | | from being included in the unitary business group |
| 13 | | because he or she is ordinarily required to apportion |
| 14 | | business income under different subsections of Section |
| 15 | | 304. The addition modification required by this |
| 16 | | subparagraph shall be reduced to the extent that |
| 17 | | dividends were included in base income of the unitary |
| 18 | | group for the same taxable year and received by the |
| 19 | | taxpayer or by a member of the taxpayer's unitary |
| 20 | | business group (including amounts included in gross |
| 21 | | income pursuant to Sections 951 through 964 of the |
| 22 | | Internal Revenue Code and amounts included in gross |
| 23 | | income under Section 78 of the Internal Revenue Code) |
| 24 | | with respect to the stock of the same person to whom |
| 25 | | the intangible expenses and costs were directly or |
| 26 | | indirectly paid, incurred or accrued. The preceding |
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| 1 | | sentence shall not apply to the extent that the same |
| 2 | | dividends caused a reduction to the addition |
| 3 | | modification required under Section 203(d)(2)(D-7) of |
| 4 | | this Act. As used in this subparagraph, the term |
| 5 | | "intangible expenses and costs" includes (1) expenses, |
| 6 | | losses, and costs for, or related to, the direct or |
| 7 | | indirect acquisition, use, maintenance or management, |
| 8 | | ownership, sale, exchange, or any other disposition of |
| 9 | | intangible property; (2) losses incurred, directly or |
| 10 | | indirectly, from factoring transactions or discounting |
| 11 | | transactions; (3) royalty, patent, technical, and |
| 12 | | copyright fees; (4) licensing fees; and (5) other |
| 13 | | similar expenses and costs. For purposes of this |
| 14 | | subparagraph, "intangible property" includes patents, |
| 15 | | patent applications, trade names, trademarks, service |
| 16 | | marks, copyrights, mask works, trade secrets, and |
| 17 | | similar types of intangible assets; |
| 18 | | For taxable years ending on or after December 31, |
| 19 | | 2025, this paragraph shall not apply to the following: |
| 20 | | (i) any item of intangible expenses or costs |
| 21 | | paid, accrued, or incurred, directly or |
| 22 | | indirectly, from a transaction with a person who |
| 23 | | is subject in a foreign country or state, other |
| 24 | | than a state which requires mandatory unitary |
| 25 | | reporting, to a tax on or measured by net income |
| 26 | | with respect to such item; or |
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| 1 | | (ii) any item of intangible expense or cost |
| 2 | | paid, accrued, or incurred, directly or |
| 3 | | indirectly, if the taxpayer can establish, based |
| 4 | | on a preponderance of the evidence, both of the |
| 5 | | following: |
| 6 | | (a) the person during the same taxable |
| 7 | | year paid, accrued, or incurred, the |
| 8 | | intangible expense or cost to a person that is |
| 9 | | not a related member, and |
| 10 | | (b) the transaction giving rise to the |
| 11 | | intangible expense or cost between the |
| 12 | | taxpayer and the person did not have as a |
| 13 | | principal purpose the avoidance of Illinois |
| 14 | | income tax, and is paid pursuant to a contract |
| 15 | | or agreement that reflects arm's-length terms; |
| 16 | | or |
| 17 | | (iii) any item of intangible expense or cost |
| 18 | | paid, accrued, or incurred, directly or |
| 19 | | indirectly, from a transaction with a person if |
| 20 | | the taxpayer establishes by clear and convincing |
| 21 | | evidence, that the adjustments are unreasonable; |
| 22 | | or if the taxpayer and the Director agree in |
| 23 | | writing to the application or use of an |
| 24 | | alternative method of apportionment under Section |
| 25 | | 304(f); |
| 26 | | For taxable years ending on or after December 31, |
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| 1 | | 2025, this paragraph shall not apply to the following: |
| 2 | | (i) any item of intangible expense or cost |
| 3 | | paid, accrued, or incurred, directly or |
| 4 | | indirectly, if the taxpayer can establish, based |
| 5 | | on a preponderance of the evidence, both of the |
| 6 | | following: |
| 7 | | (a) the person during the same taxable |
| 8 | | year paid, accrued, or incurred, the |
| 9 | | intangible expense or cost to a person that is |
| 10 | | not a related member, and |
| 11 | | (b) the transaction giving rise to the |
| 12 | | intangible expense or cost between the |
| 13 | | taxpayer and the person did not have as a |
| 14 | | principal purpose the avoidance of Illinois |
| 15 | | income tax, and is paid pursuant to a contract |
| 16 | | or agreement that reflects arm's-length terms; |
| 17 | | or |
| 18 | | (ii) any item of intangible expense or cost |
| 19 | | paid, accrued, or incurred, directly or |
| 20 | | indirectly, from a transaction with a person if |
| 21 | | the taxpayer establishes by clear and convincing |
| 22 | | evidence, that the adjustments are unreasonable; |
| 23 | | or if the taxpayer and the Director agree in |
| 24 | | writing to the application or use of an |
| 25 | | alternative method of apportionment under Section |
| 26 | | 304(f). |
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| 1 | | Nothing in this subsection shall preclude the |
| 2 | | Director from making any other adjustment otherwise |
| 3 | | allowed under Section 404 of this Act for any tax year |
| 4 | | beginning after the effective date of this amendment |
| 5 | | provided such adjustment is made pursuant to |
| 6 | | regulation adopted by the Department and such |
| 7 | | regulations provide methods and standards by which the |
| 8 | | Department will utilize its authority under Section |
| 9 | | 404 of this Act; |
| 10 | | (D-9) For taxable years ending on or after |
| 11 | | December 31, 2008, an amount equal to the amount of |
| 12 | | insurance premium expenses and costs otherwise allowed |
| 13 | | as a deduction in computing base income, and that were |
| 14 | | paid, accrued, or incurred, directly or indirectly, to |
| 15 | | a person who would be a member of the same unitary |
| 16 | | business group but for the fact that the person is |
| 17 | | prohibited under Section 1501(a)(27) from being |
| 18 | | included in the unitary business group because he or |
| 19 | | she is ordinarily required to apportion business |
| 20 | | income under different subsections of Section 304. The |
| 21 | | addition modification required by this subparagraph |
| 22 | | shall be reduced to the extent that dividends were |
| 23 | | included in base income of the unitary group for the |
| 24 | | same taxable year and received by the taxpayer or by a |
| 25 | | member of the taxpayer's unitary business group |
| 26 | | (including amounts included in gross income under |
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| 1 | | Sections 951 through 964 of the Internal Revenue Code |
| 2 | | and amounts included in gross income under Section 78 |
| 3 | | of the Internal Revenue Code) with respect to the |
| 4 | | stock of the same person to whom the premiums and costs |
| 5 | | were directly or indirectly paid, incurred, or |
| 6 | | accrued. The preceding sentence does not apply to the |
| 7 | | extent that the same dividends caused a reduction to |
| 8 | | the addition modification required under Section |
| 9 | | 203(d)(2)(D-7) or Section 203(d)(2)(D-8) of this Act; |
| 10 | | (D-10) An amount equal to the credit allowable to |
| 11 | | the taxpayer under Section 218(a) of this Act, |
| 12 | | determined without regard to Section 218(c) of this |
| 13 | | Act; |
| 14 | | (D-11) For taxable years ending on or after |
| 15 | | December 31, 2017, an amount equal to the deduction |
| 16 | | allowed under Section 199 of the Internal Revenue Code |
| 17 | | for the taxable year; |
| 18 | | (D-12) the amount that is claimed as a federal |
| 19 | | deduction when computing the taxpayer's federal |
| 20 | | taxable income for the taxable year and that is |
| 21 | | attributable to an endowment gift for which the |
| 22 | | taxpayer receives a credit under the Illinois Gives |
| 23 | | Tax Credit Act; |
| 24 | | and by deducting from the total so obtained the following |
| 25 | | amounts: |
| 26 | | (E) The valuation limitation amount; |
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| 1 | | (F) An amount equal to the amount of any tax |
| 2 | | imposed by this Act which was refunded to the taxpayer |
| 3 | | and included in such total for the taxable year; |
| 4 | | (G) An amount equal to all amounts included in |
| 5 | | taxable income as modified by subparagraphs (A), (B), |
| 6 | | (C) and (D) which are exempt from taxation by this |
| 7 | | State either by reason of its statutes or Constitution |
| 8 | | or by reason of the Constitution, treaties or statutes |
| 9 | | of the United States; provided that, in the case of any |
| 10 | | statute of this State that exempts income derived from |
| 11 | | bonds or other obligations from the tax imposed under |
| 12 | | this Act, the amount exempted shall be the interest |
| 13 | | net of bond premium amortization; |
| 14 | | (H) Any income of the partnership which |
| 15 | | constitutes personal service income as defined in |
| 16 | | Section 1348(b)(1) of the Internal Revenue Code (as in |
| 17 | | effect December 31, 1981) or a reasonable allowance |
| 18 | | for compensation paid or accrued for services rendered |
| 19 | | by partners to the partnership, whichever is greater; |
| 20 | | this subparagraph (H) is exempt from the provisions of |
| 21 | | Section 250; |
| 22 | | (I) An amount equal to all amounts of income |
| 23 | | distributable to an entity subject to the Personal |
| 24 | | Property Tax Replacement Income Tax imposed by |
| 25 | | subsections (c) and (d) of Section 201 of this Act |
| 26 | | including amounts distributable to organizations |
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| 1 | | exempt from federal income tax by reason of Section |
| 2 | | 501(a) of the Internal Revenue Code; this subparagraph |
| 3 | | (I) is exempt from the provisions of Section 250; |
| 4 | | (J) With the exception of any amounts subtracted |
| 5 | | under subparagraph (G), an amount equal to the sum of |
| 6 | | all amounts disallowed as deductions by (i) Sections |
| 7 | | 171(a)(2) and 265(a)(2) of the Internal Revenue Code, |
| 8 | | and all amounts of expenses allocable to interest and |
| 9 | | disallowed as deductions by Section 265(a)(1) of the |
| 10 | | Internal Revenue Code; and (ii) for taxable years |
| 11 | | ending on or after August 13, 1999, Sections |
| 12 | | 171(a)(2), 265, 280C, and 832(b)(5)(B)(i) of the |
| 13 | | Internal Revenue Code, plus, (iii) for taxable years |
| 14 | | ending on or after December 31, 2011, Section |
| 15 | | 45G(e)(3) of the Internal Revenue Code and, for |
| 16 | | taxable years ending on or after December 31, 2008, |
| 17 | | any amount included in gross income under Section 87 |
| 18 | | of the Internal Revenue Code; the provisions of this |
| 19 | | subparagraph are exempt from the provisions of Section |
| 20 | | 250; |
| 21 | | (K) An amount equal to those dividends included in |
| 22 | | such total which were paid by a corporation which |
| 23 | | conducts business operations in a River Edge |
| 24 | | Redevelopment Zone or zones created under the River |
| 25 | | Edge Redevelopment Zone Act and conducts substantially |
| 26 | | all of its operations from a River Edge Redevelopment |
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| 1 | | Zone or zones. This subparagraph (K) is exempt from |
| 2 | | the provisions of Section 250; |
| 3 | | (L) An amount equal to any contribution made to a |
| 4 | | job training project established pursuant to the Real |
| 5 | | Property Tax Increment Allocation Redevelopment Act; |
| 6 | | (M) An amount equal to those dividends included in |
| 7 | | such total that were paid by a corporation that |
| 8 | | conducts business operations in a federally designated |
| 9 | | Foreign Trade Zone or Sub-Zone and that is designated |
| 10 | | a High Impact Business located in Illinois; provided |
| 11 | | that dividends eligible for the deduction provided in |
| 12 | | subparagraph (K) of paragraph (2) of this subsection |
| 13 | | shall not be eligible for the deduction provided under |
| 14 | | this subparagraph (M); |
| 15 | | (N) An amount equal to the amount of the deduction |
| 16 | | used to compute the federal income tax credit for |
| 17 | | restoration of substantial amounts held under claim of |
| 18 | | right for the taxable year pursuant to Section 1341 of |
| 19 | | the Internal Revenue Code; |
| 20 | | (O) For taxable years 2001 and thereafter, for the |
| 21 | | taxable year in which the bonus depreciation deduction |
| 22 | | is taken on the taxpayer's federal income tax return |
| 23 | | under subsection (k) of Section 168 of the Internal |
| 24 | | Revenue Code and for each applicable taxable year |
| 25 | | thereafter, an amount equal to "x", where: |
| 26 | | (1) "y" equals the amount of the depreciation |
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| 1 | | deduction taken for the taxable year on the |
| 2 | | taxpayer's federal income tax return on property |
| 3 | | for which the bonus depreciation deduction was |
| 4 | | taken in any year under subsection (k) of Section |
| 5 | | 168 of the Internal Revenue Code, but not |
| 6 | | including the bonus depreciation deduction; |
| 7 | | (2) for taxable years ending on or before |
| 8 | | December 31, 2005, "x" equals "y" multiplied by 30 |
| 9 | | and then divided by 70 (or "y" multiplied by |
| 10 | | 0.429); and |
| 11 | | (3) for taxable years ending after December |
| 12 | | 31, 2005: |
| 13 | | (i) for property on which a bonus |
| 14 | | depreciation deduction of 30% of the adjusted |
| 15 | | basis was taken, "x" equals "y" multiplied by |
| 16 | | 30 and then divided by 70 (or "y" multiplied |
| 17 | | by 0.429); |
| 18 | | (ii) for property on which a bonus |
| 19 | | depreciation deduction of 50% of the adjusted |
| 20 | | basis was taken, "x" equals "y" multiplied by |
| 21 | | 1.0; |
| 22 | | (iii) for property on which a bonus |
| 23 | | depreciation deduction of 100% of the adjusted |
| 24 | | basis was taken in a taxable year ending on or |
| 25 | | after December 31, 2021, "x" equals the |
| 26 | | depreciation deduction that would be allowed |
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| 1 | | on that property if the taxpayer had made the |
| 2 | | election under Section 168(k)(7) of the |
| 3 | | Internal Revenue Code to not claim bonus |
| 4 | | depreciation on that property; and |
| 5 | | (iv) for property on which a bonus |
| 6 | | depreciation deduction of a percentage other |
| 7 | | than 30%, 50% or 100% of the adjusted basis |
| 8 | | was taken in a taxable year ending on or after |
| 9 | | December 31, 2021, "x" equals "y" multiplied |
| 10 | | by 100 times the percentage bonus depreciation |
| 11 | | on the property (that is, 100(bonus%)) and |
| 12 | | then divided by 100 times 1 minus the |
| 13 | | percentage bonus depreciation on the property |
| 14 | | (that is, 100(1-bonus%)). |
| 15 | | The aggregate amount deducted under this |
| 16 | | subparagraph in all taxable years for any one piece of |
| 17 | | property may not exceed the amount of the bonus |
| 18 | | depreciation deduction taken on that property on the |
| 19 | | taxpayer's federal income tax return under subsection |
| 20 | | (k) of Section 168 of the Internal Revenue Code. This |
| 21 | | subparagraph (O) is exempt from the provisions of |
| 22 | | Section 250; |
| 23 | | (P) If the taxpayer sells, transfers, abandons, or |
| 24 | | otherwise disposes of property for which the taxpayer |
| 25 | | was required in any taxable year to make an addition |
| 26 | | modification under subparagraph (D-5), then an amount |
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| 1 | | equal to that addition modification. |
| 2 | | If the taxpayer continues to own property through |
| 3 | | the last day of the last tax year for which a |
| 4 | | subtraction is allowed with respect to that property |
| 5 | | under subparagraph (O) and for which the taxpayer was |
| 6 | | required in any taxable year to make an addition |
| 7 | | modification under subparagraph (D-5), then an amount |
| 8 | | equal to that addition modification. |
| 9 | | The taxpayer is allowed to take the deduction |
| 10 | | under this subparagraph only once with respect to any |
| 11 | | one piece of property. |
| 12 | | This subparagraph (P) is exempt from the |
| 13 | | provisions of Section 250; |
| 14 | | (Q) The amount of (i) any interest income (net of |
| 15 | | the deductions allocable thereto) taken into account |
| 16 | | for the taxable year with respect to a transaction |
| 17 | | with a taxpayer that is required to make an addition |
| 18 | | modification with respect to such transaction under |
| 19 | | Section 203(a)(2)(D-17), 203(b)(2)(E-12), |
| 20 | | 203(c)(2)(G-12), or 203(d)(2)(D-7), but not to exceed |
| 21 | | the amount of such addition modification and (ii) any |
| 22 | | income from intangible property (net of the deductions |
| 23 | | allocable thereto) taken into account for the taxable |
| 24 | | year with respect to a transaction with a taxpayer |
| 25 | | that is required to make an addition modification with |
| 26 | | respect to such transaction under Section |
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| 1 | | 203(a)(2)(D-18), 203(b)(2)(E-13), 203(c)(2)(G-13), or |
| 2 | | 203(d)(2)(D-8), but not to exceed the amount of such |
| 3 | | addition modification. This subparagraph (Q) is exempt |
| 4 | | from Section 250; |
| 5 | | (R) An amount equal to the interest income taken |
| 6 | | into account for the taxable year (net of the |
| 7 | | deductions allocable thereto) with respect to |
| 8 | | transactions with (i) a foreign person who would be a |
| 9 | | member of the taxpayer's unitary business group but |
| 10 | | for the fact that the foreign person's business |
| 11 | | activity outside the United States is 80% or more of |
| 12 | | that person's total business activity and (ii) for |
| 13 | | taxable years ending on or after December 31, 2008, to |
| 14 | | a person who would be a member of the same unitary |
| 15 | | business group but for the fact that the person is |
| 16 | | prohibited under Section 1501(a)(27) from being |
| 17 | | included in the unitary business group because he or |
| 18 | | she is ordinarily required to apportion business |
| 19 | | income under different subsections of Section 304, but |
| 20 | | not to exceed the addition modification required to be |
| 21 | | made for the same taxable year under Section |
| 22 | | 203(d)(2)(D-7) for interest paid, accrued, or |
| 23 | | incurred, directly or indirectly, to the same person. |
| 24 | | This subparagraph (R) is exempt from Section 250; |
| 25 | | (S) An amount equal to the income from intangible |
| 26 | | property taken into account for the taxable year (net |
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| 1 | | of the deductions allocable thereto) with respect to |
| 2 | | transactions with (i) a foreign person who would be a |
| 3 | | member of the taxpayer's unitary business group but |
| 4 | | for the fact that the foreign person's business |
| 5 | | activity outside the United States is 80% or more of |
| 6 | | that person's total business activity and (ii) for |
| 7 | | taxable years ending on or after December 31, 2008, to |
| 8 | | a person who would be a member of the same unitary |
| 9 | | business group but for the fact that the person is |
| 10 | | prohibited under Section 1501(a)(27) from being |
| 11 | | included in the unitary business group because he or |
| 12 | | she is ordinarily required to apportion business |
| 13 | | income under different subsections of Section 304, but |
| 14 | | not to exceed the addition modification required to be |
| 15 | | made for the same taxable year under Section |
| 16 | | 203(d)(2)(D-8) for intangible expenses and costs paid, |
| 17 | | accrued, or incurred, directly or indirectly, to the |
| 18 | | same person. This subparagraph (S) is exempt from |
| 19 | | Section 250; |
| 20 | | (T) For taxable years ending on or after December |
| 21 | | 31, 2011, in the case of a taxpayer who was required to |
| 22 | | add back any insurance premiums under Section |
| 23 | | 203(d)(2)(D-9), such taxpayer may elect to subtract |
| 24 | | that part of a reimbursement received from the |
| 25 | | insurance company equal to the amount of the expense |
| 26 | | or loss (including expenses incurred by the insurance |
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| 1 | | company) that would have been taken into account as a |
| 2 | | deduction for federal income tax purposes if the |
| 3 | | expense or loss had been uninsured. If a taxpayer |
| 4 | | makes the election provided for by this subparagraph |
| 5 | | (T), the insurer to which the premiums were paid must |
| 6 | | add back to income the amount subtracted by the |
| 7 | | taxpayer pursuant to this subparagraph (T). This |
| 8 | | subparagraph (T) is exempt from the provisions of |
| 9 | | Section 250; and |
| 10 | | (U) For taxable years beginning on or after |
| 11 | | January 1, 2023, for any cannabis establishment |
| 12 | | operating in this State and licensed under the |
| 13 | | Cannabis Regulation and Tax Act or any cannabis |
| 14 | | cultivation center or medical cannabis dispensing |
| 15 | | organization operating in this State and licensed |
| 16 | | under the Compassionate Use of Medical Cannabis |
| 17 | | Program Act, an amount equal to the deductions that |
| 18 | | were disallowed under Section 280E of the Internal |
| 19 | | Revenue Code for the taxable year and that would not be |
| 20 | | added back under this subsection. The provisions of |
| 21 | | this subparagraph (U) are exempt from the provisions |
| 22 | | of Section 250.
|
| 23 | | (e) Gross income; adjusted gross income; taxable income. |
| 24 | | (1) In general. Subject to the provisions of paragraph |
| 25 | | (2) and subsection (b)(3), for purposes of this Section |
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| 1 | | and Section 803(e), a taxpayer's gross income, adjusted |
| 2 | | gross income, or taxable income for the taxable year shall |
| 3 | | mean the amount of gross income, adjusted gross income or |
| 4 | | taxable income properly reportable for federal income tax |
| 5 | | purposes for the taxable year under the provisions of the |
| 6 | | Internal Revenue Code. Taxable income may be less than |
| 7 | | zero. However, for taxable years ending on or after |
| 8 | | December 31, 1986, net operating loss carryforwards from |
| 9 | | taxable years ending prior to December 31, 1986, may not |
| 10 | | exceed the sum of federal taxable income for the taxable |
| 11 | | year before net operating loss deduction, plus the excess |
| 12 | | of addition modifications over subtraction modifications |
| 13 | | for the taxable year. For taxable years ending prior to |
| 14 | | December 31, 1986, taxable income may never be an amount |
| 15 | | in excess of the net operating loss for the taxable year as |
| 16 | | defined in subsections (c) and (d) of Section 172 of the |
| 17 | | Internal Revenue Code, provided that when taxable income |
| 18 | | of a corporation (other than a Subchapter S corporation), |
| 19 | | trust, or estate is less than zero and addition |
| 20 | | modifications, other than those provided by subparagraph |
| 21 | | (E) of paragraph (2) of subsection (b) for corporations or |
| 22 | | subparagraph (E) of paragraph (2) of subsection (c) for |
| 23 | | trusts and estates, exceed subtraction modifications, an |
| 24 | | addition modification must be made under those |
| 25 | | subparagraphs for any other taxable year to which the |
| 26 | | taxable income less than zero (net operating loss) is |
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| 1 | | applied under Section 172 of the Internal Revenue Code or |
| 2 | | under subparagraph (E) of paragraph (2) of this subsection |
| 3 | | (e) applied in conjunction with Section 172 of the |
| 4 | | Internal Revenue Code. |
| 5 | | (2) Special rule. For purposes of paragraph (1) of |
| 6 | | this subsection, the taxable income properly reportable |
| 7 | | for federal income tax purposes shall mean: |
| 8 | | (A) Certain life insurance companies. In the case |
| 9 | | of a life insurance company subject to the tax imposed |
| 10 | | by Section 801 of the Internal Revenue Code, life |
| 11 | | insurance company taxable income, plus the amount of |
| 12 | | distribution from pre-1984 policyholder surplus |
| 13 | | accounts as calculated under Section 815a of the |
| 14 | | Internal Revenue Code; |
| 15 | | (B) Certain other insurance companies. In the case |
| 16 | | of mutual insurance companies subject to the tax |
| 17 | | imposed by Section 831 of the Internal Revenue Code, |
| 18 | | insurance company taxable income; |
| 19 | | (C) Regulated investment companies. In the case of |
| 20 | | a regulated investment company subject to the tax |
| 21 | | imposed by Section 852 of the Internal Revenue Code, |
| 22 | | investment company taxable income; |
| 23 | | (D) Real estate investment trusts. In the case of |
| 24 | | a real estate investment trust subject to the tax |
| 25 | | imposed by Section 857 of the Internal Revenue Code, |
| 26 | | real estate investment trust taxable income; |
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| 1 | | (E) Consolidated corporations. In the case of a |
| 2 | | corporation which is a member of an affiliated group |
| 3 | | of corporations filing a consolidated income tax |
| 4 | | return for the taxable year for federal income tax |
| 5 | | purposes, taxable income determined as if such |
| 6 | | corporation had filed a separate return for federal |
| 7 | | income tax purposes for the taxable year and each |
| 8 | | preceding taxable year for which it was a member of an |
| 9 | | affiliated group. For purposes of this subparagraph, |
| 10 | | the taxpayer's separate taxable income shall be |
| 11 | | determined as if the election provided by Section |
| 12 | | 243(b)(2) of the Internal Revenue Code had been in |
| 13 | | effect for all such years; |
| 14 | | (F) Cooperatives. In the case of a cooperative |
| 15 | | corporation or association, the taxable income of such |
| 16 | | organization determined in accordance with the |
| 17 | | provisions of Section 1381 through 1388 of the |
| 18 | | Internal Revenue Code, but without regard to the |
| 19 | | prohibition against offsetting losses from patronage |
| 20 | | activities against income from nonpatronage |
| 21 | | activities; except that a cooperative corporation or |
| 22 | | association may make an election to follow its federal |
| 23 | | income tax treatment of patronage losses and |
| 24 | | nonpatronage losses. In the event such election is |
| 25 | | made, such losses shall be computed and carried over |
| 26 | | in a manner consistent with subsection (a) of Section |
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| 1 | | 207 of this Act and apportioned by the apportionment |
| 2 | | factor reported by the cooperative on its Illinois |
| 3 | | income tax return filed for the taxable year in which |
| 4 | | the losses are incurred. The election shall be |
| 5 | | effective for all taxable years with original returns |
| 6 | | due on or after the date of the election. In addition, |
| 7 | | the cooperative may file an amended return or returns, |
| 8 | | as allowed under this Act, to provide that the |
| 9 | | election shall be effective for losses incurred or |
| 10 | | carried forward for taxable years occurring prior to |
| 11 | | the date of the election. Once made, the election may |
| 12 | | only be revoked upon approval of the Director. The |
| 13 | | Department shall adopt rules setting forth |
| 14 | | requirements for documenting the elections and any |
| 15 | | resulting Illinois net loss and the standards to be |
| 16 | | used by the Director in evaluating requests to revoke |
| 17 | | elections. Public Act 96-932 is declaratory of |
| 18 | | existing law; |
| 19 | | (G) Subchapter S corporations. In the case of: (i) |
| 20 | | a Subchapter S corporation for which there is in |
| 21 | | effect an election for the taxable year under Section |
| 22 | | 1362 of the Internal Revenue Code, the taxable income |
| 23 | | of such corporation determined in accordance with |
| 24 | | Section 1363(b) of the Internal Revenue Code, except |
| 25 | | that taxable income shall take into account those |
| 26 | | items which are required by Section 1363(b)(1) of the |
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| 1 | | Internal Revenue Code to be separately stated; and |
| 2 | | (ii) a Subchapter S corporation for which there is in |
| 3 | | effect a federal election to opt out of the provisions |
| 4 | | of the Subchapter S Revision Act of 1982 and have |
| 5 | | applied instead the prior federal Subchapter S rules |
| 6 | | as in effect on July 1, 1982, the taxable income of |
| 7 | | such corporation determined in accordance with the |
| 8 | | federal Subchapter S rules as in effect on July 1, |
| 9 | | 1982; and |
| 10 | | (H) Partnerships. In the case of a partnership, |
| 11 | | taxable income determined in accordance with Section |
| 12 | | 703 of the Internal Revenue Code, except that taxable |
| 13 | | income shall take into account those items which are |
| 14 | | required by Section 703(a)(1) to be separately stated |
| 15 | | but which would be taken into account by an individual |
| 16 | | in calculating his taxable income. |
| 17 | | (3) Recapture of business expenses on disposition of |
| 18 | | asset or business. Notwithstanding any other law to the |
| 19 | | contrary, if in prior years income from an asset or |
| 20 | | business has been classified as business income and in a |
| 21 | | later year is demonstrated to be non-business income, then |
| 22 | | all expenses, without limitation, deducted in such later |
| 23 | | year and in the 2 immediately preceding taxable years |
| 24 | | related to that asset or business that generated the |
| 25 | | non-business income shall be added back and recaptured as |
| 26 | | business income in the year of the disposition of the |
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| 1 | | asset or business. Such amount shall be apportioned to |
| 2 | | Illinois using the greater of the apportionment fraction |
| 3 | | computed for the business under Section 304 of this Act |
| 4 | | for the taxable year or the average of the apportionment |
| 5 | | fractions computed for the business under Section 304 of |
| 6 | | this Act for the taxable year and for the 2 immediately |
| 7 | | preceding taxable years.
|
| 8 | | (f) Valuation limitation amount. |
| 9 | | (1) In general. The valuation limitation amount |
| 10 | | referred to in subsections (a)(2)(G), (c)(2)(I) and |
| 11 | | (d)(2)(E) is an amount equal to: |
| 12 | | (A) The sum of the pre-August 1, 1969 appreciation |
| 13 | | amounts (to the extent consisting of gain reportable |
| 14 | | under the provisions of Section 1245 or 1250 of the |
| 15 | | Internal Revenue Code) for all property in respect of |
| 16 | | which such gain was reported for the taxable year; |
| 17 | | plus |
| 18 | | (B) The lesser of (i) the sum of the pre-August 1, |
| 19 | | 1969 appreciation amounts (to the extent consisting of |
| 20 | | capital gain) for all property in respect of which |
| 21 | | such gain was reported for federal income tax purposes |
| 22 | | for the taxable year, or (ii) the net capital gain for |
| 23 | | the taxable year, reduced in either case by any amount |
| 24 | | of such gain included in the amount determined under |
| 25 | | subsection (a)(2)(F) or (c)(2)(H). |
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| 1 | | (2) Pre-August 1, 1969 appreciation amount. |
| 2 | | (A) If the fair market value of property referred |
| 3 | | to in paragraph (1) was readily ascertainable on |
| 4 | | August 1, 1969, the pre-August 1, 1969 appreciation |
| 5 | | amount for such property is the lesser of (i) the |
| 6 | | excess of such fair market value over the taxpayer's |
| 7 | | basis (for determining gain) for such property on that |
| 8 | | date (determined under the Internal Revenue Code as in |
| 9 | | effect on that date), or (ii) the total gain realized |
| 10 | | and reportable for federal income tax purposes in |
| 11 | | respect of the sale, exchange or other disposition of |
| 12 | | such property. |
| 13 | | (B) If the fair market value of property referred |
| 14 | | to in paragraph (1) was not readily ascertainable on |
| 15 | | August 1, 1969, the pre-August 1, 1969 appreciation |
| 16 | | amount for such property is that amount which bears |
| 17 | | the same ratio to the total gain reported in respect of |
| 18 | | the property for federal income tax purposes for the |
| 19 | | taxable year, as the number of full calendar months in |
| 20 | | that part of the taxpayer's holding period for the |
| 21 | | property ending July 31, 1969 bears to the number of |
| 22 | | full calendar months in the taxpayer's entire holding |
| 23 | | period for the property. |
| 24 | | (C) The Department shall prescribe such |
| 25 | | regulations as may be necessary to carry out the |
| 26 | | purposes of this paragraph.
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| 1 | | (g) Double deductions. Unless specifically provided |
| 2 | | otherwise, nothing in this Section shall permit the same item |
| 3 | | to be deducted more than once.
|
| 4 | | (h) Legislative intention. Except as expressly provided by |
| 5 | | this Section there shall be no modifications or limitations on |
| 6 | | the amounts of income, gain, loss or deduction taken into |
| 7 | | account in determining gross income, adjusted gross income or |
| 8 | | taxable income for federal income tax purposes for the taxable |
| 9 | | year, or in the amount of such items entering into the |
| 10 | | computation of base income and net income under this Act for |
| 11 | | such taxable year, whether in respect of property values as of |
| 12 | | August 1, 1969 or otherwise. |
| 13 | | (Source: P.A. 103-8, eff. 6-7-23; 103-478, eff. 1-1-24; |
| 14 | | 103-592, Article 10, Section 10-900, eff. 6-7-24; 103-592, |
| 15 | | Article 170, Section 170-90, eff. 6-7-24; 103-605, eff. |
| 16 | | 7-1-24; 103-647, eff. 7-1-24; 104-6, eff. 6-16-25; 104-417, |
| 17 | | eff. 8-15-25.)
|
| 18 | | (35 ILCS 5/901) |
| 19 | | Sec. 901. Collection authority. |
| 20 | | (a) In general. The Department shall collect the taxes |
| 21 | | imposed by this Act. The Department shall collect certified |
| 22 | | past due child support amounts under Section 2505-650 of the |
| 23 | | Department of Revenue Law of the Civil Administrative Code of |
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| 1 | | Illinois. Except as provided in subsections (b), (c), (e), |
| 2 | | (f), (g), and (h) of this Section, money collected pursuant to |
| 3 | | subsections (a) and (b) of Section 201 of this Act shall be |
| 4 | | paid into the General Revenue Fund in the State treasury; |
| 5 | | money collected pursuant to subsections (c) and (d) of Section |
| 6 | | 201 of this Act shall be paid into the Personal Property Tax |
| 7 | | Replacement Fund, a special fund in the State treasury |
| 8 | | Treasury; and money collected under Section 2505-650 of the |
| 9 | | Department of Revenue Law of the Civil Administrative Code of |
| 10 | | Illinois shall be paid into the Child Support Enforcement |
| 11 | | Trust Fund, a special fund outside the State treasury |
| 12 | | Treasury, or to the State Disbursement Unit established under |
| 13 | | Section 10-26 of the Illinois Public Aid Code, as directed by |
| 14 | | the Department of Healthcare and Family Services. |
| 15 | | (b) Local Government Distributive Fund. Beginning August |
| 16 | | 1, 2017 and continuing through July 31, 2022, the Treasurer |
| 17 | | shall transfer each month from the General Revenue Fund to the |
| 18 | | Local Government Distributive Fund an amount equal to the sum |
| 19 | | of: (i) 6.06% (10% of the ratio of the 3% individual income tax |
| 20 | | rate prior to 2011 to the 4.95% individual income tax rate |
| 21 | | after July 1, 2017) of the net revenue realized from the tax |
| 22 | | imposed by subsections (a) and (b) of Section 201 of this Act |
| 23 | | upon individuals, trusts, and estates during the preceding |
| 24 | | month; (ii) 6.85% (10% of the ratio of the 4.8% corporate |
| 25 | | income tax rate prior to 2011 to the 7% corporate income tax |
| 26 | | rate after July 1, 2017) of the net revenue realized from the |
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| 1 | | tax imposed by subsections (a) and (b) of Section 201 of this |
| 2 | | Act upon corporations during the preceding month; and (iii) |
| 3 | | beginning February 1, 2022, 6.06% of the net revenue realized |
| 4 | | from the tax imposed by subsection (p) of Section 201 of this |
| 5 | | Act upon electing pass-through entities. Beginning August 1, |
| 6 | | 2022 and continuing through July 31, 2023, the Treasurer shall |
| 7 | | transfer each month from the General Revenue Fund to the Local |
| 8 | | Government Distributive Fund an amount equal to the sum of: |
| 9 | | (i) 6.16% of the net revenue realized from the tax imposed by |
| 10 | | subsections (a) and (b) of Section 201 of this Act upon |
| 11 | | individuals, trusts, and estates during the preceding month; |
| 12 | | (ii) 6.85% of the net revenue realized from the tax imposed by |
| 13 | | subsections (a) and (b) of Section 201 of this Act upon |
| 14 | | corporations during the preceding month; and (iii) 6.16% of |
| 15 | | the net revenue realized from the tax imposed by subsection |
| 16 | | (p) of Section 201 of this Act upon electing pass-through |
| 17 | | entities. Beginning August 1, 2023, the Treasurer shall |
| 18 | | transfer each month from the General Revenue Fund to the Local |
| 19 | | Government Distributive Fund an amount equal to the sum of: |
| 20 | | (i) 6.47% of the net revenue realized from the tax imposed by |
| 21 | | subsections (a) and (b) of Section 201 of this Act upon |
| 22 | | individuals, trusts, and estates during the preceding month; |
| 23 | | (ii) 6.85% of the net revenue realized from the tax imposed by |
| 24 | | subsections (a) and (b) of Section 201 of this Act upon |
| 25 | | corporations during the preceding month; and (iii) 6.47% of |
| 26 | | the net revenue realized from the tax imposed by subsection |
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| 1 | | (p) of Section 201 of this Act upon electing pass-through |
| 2 | | entities. Net revenue realized for a month shall be defined as |
| 3 | | the revenue from the tax imposed by subsections (a) and (b) of |
| 4 | | Section 201 of this Act which is deposited into the General |
| 5 | | Revenue Fund, the Education Assistance Fund, the Income Tax |
| 6 | | Surcharge Local Government Distributive Fund, the Fund for the |
| 7 | | Advancement of Education, and the Commitment to Human Services |
| 8 | | Fund during the month minus the amount paid out of the General |
| 9 | | Revenue Fund in State warrants during that same month as |
| 10 | | refunds to taxpayers for overpayment of liability under the |
| 11 | | tax imposed by subsections (a) and (b) of Section 201 of this |
| 12 | | Act. |
| 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 subsection (b) to |
| 16 | | be transferred by the Treasurer into the Local Government |
| 17 | | Distributive Fund from the General Revenue Fund shall be |
| 18 | | directly deposited into the Local Government Distributive Fund |
| 19 | | as the revenue is realized from the tax imposed by subsections |
| 20 | | (a) and (b) of Section 201 of this Act. |
| 21 | | (c) Deposits Into Income Tax Refund Fund. |
| 22 | | (1) Beginning on January 1, 1989 and thereafter, the |
| 23 | | Department shall deposit a percentage of the amounts |
| 24 | | collected pursuant to subsections (a) and (b)(1), (2), and |
| 25 | | (3) of Section 201 of this Act into a fund in the State |
| 26 | | treasury known as the Income Tax Refund Fund. Beginning |
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| 1 | | with State fiscal year 1990 and for each fiscal year |
| 2 | | thereafter, the percentage deposited into the Income Tax |
| 3 | | Refund Fund during a fiscal year shall be the Annual |
| 4 | | Percentage. For fiscal year 2011, the Annual Percentage |
| 5 | | shall be 8.75%. For fiscal year 2012, the Annual |
| 6 | | Percentage shall be 8.75%. For fiscal year 2013, the |
| 7 | | Annual Percentage shall be 9.75%. For fiscal year 2014, |
| 8 | | the Annual Percentage shall be 9.5%. For fiscal year 2015, |
| 9 | | the Annual Percentage shall be 10%. For fiscal year 2018, |
| 10 | | the Annual Percentage shall be 9.8%. For fiscal year 2019, |
| 11 | | the Annual Percentage shall be 9.7%. For fiscal year 2020, |
| 12 | | the Annual Percentage shall be 9.5%. For fiscal year 2021, |
| 13 | | the Annual Percentage shall be 9%. For fiscal year 2022, |
| 14 | | the Annual Percentage shall be 9.25%. For fiscal year |
| 15 | | 2023, the Annual Percentage shall be 9.25%. For fiscal |
| 16 | | year 2024, the Annual Percentage shall be 9.15%. For |
| 17 | | fiscal year 2025, the Annual Percentage shall be 9.15%. |
| 18 | | For fiscal year 2026, the Annual Percentage shall be |
| 19 | | 9.15%. For all other fiscal years, the Annual Percentage |
| 20 | | shall be calculated as a fraction, the numerator of which |
| 21 | | shall be the amount of refunds approved for payment by the |
| 22 | | Department during the preceding fiscal year as a result of |
| 23 | | overpayment of tax liability under subsections (a) and |
| 24 | | (b)(1), (2), and (3) of Section 201 of this Act plus the |
| 25 | | amount of such refunds remaining approved but unpaid at |
| 26 | | the end of the preceding fiscal year, minus the amounts |
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| 1 | | transferred into the Income Tax Refund Fund from the |
| 2 | | Tobacco Settlement Recovery Fund, and the denominator of |
| 3 | | which shall be the amounts which will be collected |
| 4 | | pursuant to subsections (a) and (b)(1), (2), and (3) of |
| 5 | | Section 201 of this Act during the preceding fiscal year; |
| 6 | | except that in State fiscal year 2002, the Annual |
| 7 | | Percentage shall in no event exceed 7.6%. The Director of |
| 8 | | Revenue shall certify the Annual Percentage to the |
| 9 | | Comptroller on the last business day of the fiscal year |
| 10 | | immediately preceding the fiscal year for which it is to |
| 11 | | be effective. |
| 12 | | (2) Beginning on January 1, 1989 and thereafter, the |
| 13 | | Department shall deposit a percentage of the amounts |
| 14 | | collected pursuant to subsections (a) and (b)(6), (7), and |
| 15 | | (8), (c) and (d) of Section 201 of this Act into a fund in |
| 16 | | the State treasury known as the Income Tax Refund Fund. |
| 17 | | Beginning with State fiscal year 1990 and for each fiscal |
| 18 | | year thereafter, the percentage deposited into the Income |
| 19 | | Tax Refund Fund during a fiscal year shall be the Annual |
| 20 | | Percentage. For fiscal year 2011, the Annual Percentage |
| 21 | | shall be 17.5%. For fiscal year 2012, the Annual |
| 22 | | Percentage shall be 17.5%. For fiscal year 2013, the |
| 23 | | Annual Percentage shall be 14%. For fiscal year 2014, the |
| 24 | | Annual Percentage shall be 13.4%. For fiscal year 2015, |
| 25 | | the Annual Percentage shall be 14%. For fiscal year 2018, |
| 26 | | the Annual Percentage shall be 17.5%. For fiscal year |
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| 1 | | 2019, the Annual Percentage shall be 15.5%. For fiscal |
| 2 | | year 2020, the Annual Percentage shall be 14.25%. For |
| 3 | | fiscal year 2021, the Annual Percentage shall be 14%. For |
| 4 | | fiscal year 2022, the Annual Percentage shall be 15%. For |
| 5 | | fiscal year 2023, the Annual Percentage shall be 14.5%. |
| 6 | | For fiscal year 2024, the Annual Percentage shall be 14%. |
| 7 | | For fiscal year 2025, the Annual Percentage shall be 14%. |
| 8 | | For fiscal year 2026, the Annual Percentage shall be 14%. |
| 9 | | For all other fiscal years, the Annual Percentage shall be |
| 10 | | calculated as a fraction, the numerator of which shall be |
| 11 | | the amount of refunds approved for payment by the |
| 12 | | Department during the preceding fiscal year as a result of |
| 13 | | overpayment of tax liability under subsections (a) and |
| 14 | | (b)(6), (7), and (8), (c) and (d) of Section 201 of this |
| 15 | | Act plus the amount of such refunds remaining approved but |
| 16 | | unpaid at the end of the preceding fiscal year, and the |
| 17 | | denominator of which shall be the amounts which will be |
| 18 | | collected pursuant to subsections (a) and (b)(6), (7), and |
| 19 | | (8), (c) and (d) of Section 201 of this Act during the |
| 20 | | preceding fiscal year; except that in State fiscal year |
| 21 | | 2002, the Annual Percentage shall in no event exceed 23%. |
| 22 | | The Director of Revenue shall certify the Annual |
| 23 | | Percentage to the Comptroller on the last business day of |
| 24 | | the fiscal year immediately preceding the fiscal year for |
| 25 | | which it is to be effective. |
| 26 | | (3) The Comptroller shall order transferred and the |
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| 1 | | Treasurer shall transfer from the Tobacco Settlement |
| 2 | | Recovery Fund to the Income Tax Refund Fund (i) |
| 3 | | $35,000,000 in January, 2001, (ii) $35,000,000 in January, |
| 4 | | 2002, and (iii) $35,000,000 in January, 2003. |
| 5 | | (d) Expenditures from Income Tax Refund Fund. |
| 6 | | (1) Beginning January 1, 1989, money in the Income Tax |
| 7 | | Refund Fund shall be expended exclusively for the purpose |
| 8 | | of paying refunds resulting from overpayment of tax |
| 9 | | liability under Section 201 of this Act and for making |
| 10 | | transfers pursuant to this subsection (d), except that in |
| 11 | | State fiscal years 2022 and 2023, moneys in the Income Tax |
| 12 | | Refund Fund shall also be used to pay one-time rebate |
| 13 | | payments as provided under Sections 208.5 and 212.1. |
| 14 | | (2) The Director shall order payment of refunds |
| 15 | | resulting from overpayment of tax liability under Section |
| 16 | | 201 of this Act from the Income Tax Refund Fund only to the |
| 17 | | extent that amounts collected pursuant to Section 201 of |
| 18 | | this Act and transfers pursuant to this subsection (d) and |
| 19 | | item (3) of subsection (c) have been deposited and |
| 20 | | retained in the Fund. |
| 21 | | (3) As soon as possible after the end of each fiscal |
| 22 | | year, the Director shall order transferred and the State |
| 23 | | Treasurer and State Comptroller shall transfer from the |
| 24 | | Income Tax Refund Fund to the Personal Property Tax |
| 25 | | Replacement Fund an amount, certified by the Director to |
| 26 | | the Comptroller, equal to the excess of the amount |
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| 1 | | collected pursuant to subsections (c) and (d) of Section |
| 2 | | 201 of this Act deposited into the Income Tax Refund Fund |
| 3 | | during the fiscal year over the amount of refunds |
| 4 | | resulting from overpayment of tax liability under |
| 5 | | subsections (c) and (d) of Section 201 of this Act paid |
| 6 | | from the Income Tax Refund Fund during the fiscal year. |
| 7 | | (4) As soon as possible after the end of each fiscal |
| 8 | | year, the Director shall order transferred and the State |
| 9 | | Treasurer and State Comptroller shall transfer from the |
| 10 | | Personal Property Tax Replacement Fund to the Income Tax |
| 11 | | Refund Fund an amount, certified by the Director to the |
| 12 | | Comptroller, equal to the excess of the amount of refunds |
| 13 | | resulting from overpayment of tax liability under |
| 14 | | subsections (c) and (d) of Section 201 of this Act paid |
| 15 | | from the Income Tax Refund Fund during the fiscal year |
| 16 | | over the amount collected pursuant to subsections (c) and |
| 17 | | (d) of Section 201 of this Act deposited into the Income |
| 18 | | Tax Refund Fund during the fiscal year. |
| 19 | | (4.5) As soon as possible after the end of fiscal year |
| 20 | | 1999 and of each fiscal year thereafter, the Director |
| 21 | | shall order transferred and the State Treasurer and State |
| 22 | | Comptroller shall transfer from the Income Tax Refund Fund |
| 23 | | to the General Revenue Fund any surplus remaining in the |
| 24 | | Income Tax Refund Fund as of the end of such fiscal year; |
| 25 | | excluding for fiscal years 2000, 2001, and 2002 amounts |
| 26 | | attributable to transfers under item (3) of subsection (c) |
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| 1 | | less refunds resulting from the earned income tax credit, |
| 2 | | and excluding for fiscal year 2022 amounts attributable to |
| 3 | | transfers from the General Revenue Fund authorized by |
| 4 | | Public Act 102-700. For purposes of this item (4.5), |
| 5 | | "surplus" means the cash balance in the Income Tax Refund |
| 6 | | Fund at the end of such fiscal year, less amounts |
| 7 | | attributable to transfers under item (3) of this |
| 8 | | subsection (d). |
| 9 | | (5) This Act shall constitute an irrevocable and |
| 10 | | continuing appropriation from the Income Tax Refund Fund |
| 11 | | for the purposes of (i) paying refunds upon the order of |
| 12 | | the Director in accordance with the provisions of this |
| 13 | | Section and (ii) paying one-time rebate payments under |
| 14 | | Sections 208.5 and 212.1. |
| 15 | | (e) Deposits into the Education Assistance Fund and the |
| 16 | | Income Tax Surcharge Local Government Distributive Fund. On |
| 17 | | July 1, 1991, and thereafter, of the amounts collected |
| 18 | | pursuant to subsections (a) and (b) of Section 201 of this Act, |
| 19 | | minus deposits into the Income Tax Refund Fund, the Department |
| 20 | | shall deposit 7.3% into the Education Assistance Fund in the |
| 21 | | State treasury Treasury. Beginning July 1, 1991, and |
| 22 | | continuing through January 31, 1993, of the amounts collected |
| 23 | | pursuant to subsections (a) and (b) of Section 201 of the |
| 24 | | Illinois Income Tax Act, minus deposits into the Income Tax |
| 25 | | Refund Fund, the Department shall deposit 3.0% into the Income |
| 26 | | Tax Surcharge Local Government Distributive Fund in the State |
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| 1 | | treasury Treasury. Beginning February 1, 1993 and continuing |
| 2 | | through June 30, 1993, of the amounts collected pursuant to |
| 3 | | subsections (a) and (b) of Section 201 of the Illinois Income |
| 4 | | Tax Act, minus deposits into the Income Tax Refund Fund, the |
| 5 | | Department shall deposit 4.4% into the Income Tax Surcharge |
| 6 | | Local Government Distributive Fund in the State treasury |
| 7 | | Treasury. Beginning July 1, 1993, and continuing through June |
| 8 | | 30, 1994, of the amounts collected under subsections (a) and |
| 9 | | (b) of Section 201 of this Act, minus deposits into the Income |
| 10 | | Tax Refund Fund, the Department shall deposit 1.475% into the |
| 11 | | Income Tax Surcharge Local Government Distributive Fund in the |
| 12 | | State treasury Treasury. |
| 13 | | (f) Deposits into the Fund for the Advancement of |
| 14 | | Education. Beginning February 1, 2015, the Department shall |
| 15 | | deposit the following portions of the revenue realized from |
| 16 | | the tax imposed upon individuals, trusts, and estates by |
| 17 | | subsections (a) and (b) of Section 201 of this Act, minus |
| 18 | | deposits into the Income Tax Refund Fund, into the Fund for the |
| 19 | | Advancement of Education: |
| 20 | | (1) beginning February 1, 2015, and prior to February |
| 21 | | 1, 2025, 1/30; and |
| 22 | | (2) beginning February 1, 2025, 1/26. |
| 23 | | If the rate of tax imposed by subsection (a) and (b) of |
| 24 | | Section 201 is reduced pursuant to Section 201.5 of this Act, |
| 25 | | the Department shall not make the deposits required by this |
| 26 | | subsection (f) on or after the effective date of the |
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| 1 | | reduction. |
| 2 | | (g) Deposits into the Commitment to Human Services Fund. |
| 3 | | Beginning February 1, 2015, the Department shall deposit the |
| 4 | | following portions of the revenue realized from the tax |
| 5 | | imposed upon individuals, trusts, and estates by subsections |
| 6 | | (a) and (b) of Section 201 of this Act, minus deposits into the |
| 7 | | Income Tax Refund Fund, into the Commitment to Human Services |
| 8 | | Fund: |
| 9 | | (1) beginning February 1, 2015, and prior to February |
| 10 | | 1, 2025, 1/30; and |
| 11 | | (2) beginning February 1, 2025, 1/26. |
| 12 | | If the rate of tax imposed by subsection (a) and (b) of |
| 13 | | Section 201 is reduced pursuant to Section 201.5 of this Act, |
| 14 | | the Department shall not make the deposits required by this |
| 15 | | subsection (g) on or after the effective date of the |
| 16 | | reduction. |
| 17 | | (h) Deposits into the Tax Compliance and Administration |
| 18 | | Fund. Beginning on the first day of the first calendar month to |
| 19 | | occur on or after August 26, 2014 (the effective date of Public |
| 20 | | Act 98-1098), each month the Department shall pay into the Tax |
| 21 | | Compliance and Administration Fund, to be used, subject to |
| 22 | | appropriation, to fund additional auditors and compliance |
| 23 | | personnel at the Department, an amount equal to 1/12 of 5% of |
| 24 | | the cash receipts collected during the preceding fiscal year |
| 25 | | by the Audit Bureau of the Department from the tax imposed by |
| 26 | | subsections (a), (b), (c), and (d) of Section 201 of this Act, |
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| 1 | | net of deposits into the Income Tax Refund Fund made from those |
| 2 | | cash receipts. |
| 3 | | (i) Notwithstanding any other provision of law, the tax |
| 4 | | collected from gains realized under the Extremely High Wealth |
| 5 | | Mark-to-Market Tax Act shall be deposited into (1) the |
| 6 | | Northern Illinois Transit Authority Authority Occupation and |
| 7 | | Use Tax Replacement Fund if the tax was collected from a person |
| 8 | | residing within the service area of the Northern Illinois |
| 9 | | Transit Authority or (2) the Downstate Public Transportation |
| 10 | | Fund if the tax was collected from a person residing outside |
| 11 | | the service area of the Northern Illinois Transit Authority. |
| 12 | | (Source: P.A. 103-8, eff. 6-7-23; 103-154, eff. 6-30-23; |
| 13 | | 103-588, eff. 6-5-24; 104-2, eff. 6-16-25; 104-6, eff. |
| 14 | | 6-16-25; revised 9-10-25.)
|
| 15 | | Section 5-900. The Metropolitan Transit Authority Act is |
| 16 | | amended by changing Sections 1, 2, 5, 6, 7, 9a, 9b, 11, 12a, |
| 17 | | 12b, 12c, 15, 18, 19, 20, 21, 23, 27, 28, 28a, 28d, 29, 31, 38, |
| 18 | | and 42 and by adding Sections 19.5, 33.10, and 51.5 as follows:
|
| 19 | | (70 ILCS 3605/1) (from Ch. 111 2/3, par. 301) |
| 20 | | Sec. 1. This Act shall be known and may be cited as the |
| 21 | | Chicago Transit Authority Act, and for the purposes of legal |
| 22 | | obligations created prior to this amendatory Act of the 104th |
| 23 | | General Assembly, it may also be cited as the "Metropolitan |
| 24 | | Transit Authority Act." |
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| 1 | | (Source: Laws 1945, p. 1171.)
|
| 2 | | (70 ILCS 3605/2) (from Ch. 111 2/3, par. 302) |
| 3 | | Sec. 2. When used in this Act: |
| 4 | | "Transportation System" means all plants, equipment, |
| 5 | | property and rights useful for transportation of passengers |
| 6 | | for hire except taxicabs and includes, without limiting the |
| 7 | | generality of the foregoing, street railways, elevated |
| 8 | | railroads, subways and underground railroads, motor vehicles, |
| 9 | | trolley buses, motor buses and any combination thereof. |
| 10 | | "Metropolitan area of Cook County" embraces all the |
| 11 | | territory in the County of Cook, State of Illinois East of the |
| 12 | | east line of Range Eleven (11), East of the Third Principal |
| 13 | | Meridian of the United States Government survey. |
| 14 | | "Metropolitan area" means the metropolitan area of Cook |
| 15 | | County, as above defined. |
| 16 | | "Authority" means Chicago Transit Authority created by |
| 17 | | this Act. |
| 18 | | "Board" means Chicago Transit Board. |
| 19 | | "Governor" means Governor of the State of Illinois. |
| 20 | | "Mayor" means Mayor of the City of Chicago. |
| 21 | | "Metropolitan area" has the meaning given to the term |
| 22 | | "metropolitan region" in the Northern Illinois Transit |
| 23 | | Authority Act. |
| 24 | | "Motor vehicle" means every vehicle which is |
| 25 | | self-propelled or which is propelled by electric power |
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| 1 | | obtained from overhead trolley wires but not operated on |
| 2 | | rails. |
| 3 | | "Municipal government" means a "municipality" as defined |
| 4 | | in Section 1 of Article VII of the Illinois Constitution. |
| 5 | | "Supermajority vote" means a supermajority vote by the |
| 6 | | Northern Illinois Transit Authority as defined in the Northern |
| 7 | | Illinois Transit Authority Act. |
| 8 | | "Unit of local government" has the meaning ascribed to it |
| 9 | | in Section 1 of Article VII of the Illinois Constitution. |
| 10 | | (Source: P.A. 98-709, eff. 7-16-14.)
|
| 11 | | (70 ILCS 3605/6) (from Ch. 111 2/3, par. 306) |
| 12 | | Sec. 6. Subject to the powers and duties of the Northern |
| 13 | | Illinois Transit Authority created by the Northern Illinois |
| 14 | | Transit Authority Act, the Chicago Transit The Authority shall |
| 15 | | have power to acquire, construct, own, operate and maintain |
| 16 | | for public service a transportation system in the metropolitan |
| 17 | | area of Cook County and outside thereof to the extent herein |
| 18 | | provided and all the powers necessary or convenient to |
| 19 | | accomplish the purposes of this Act, including, without |
| 20 | | limiting the generality of the foregoing, the specific powers |
| 21 | | enumerated herein. |
| 22 | | (Source: Laws 1955, p. 1166.)
|
| 23 | | (70 ILCS 3605/7) (from Ch. 111 2/3, par. 307) |
| 24 | | Sec. 7. General powers. |
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| 1 | | (a) The Board of the Authority shall: |
| 2 | | (1) oversee the operations and management of the |
| 3 | | Authority; |
| 4 | | (2) convey the Northern Illinois Transit Authority's |
| 5 | | goals, priorities, and requirements to the Authority; and |
| 6 | | (3) convey information, concerns, and recommendations |
| 7 | | from the Authority to the Executive Director and Board of |
| 8 | | the Northern Illinois Transit Authority. |
| 9 | | (b) The Board shall manage the debt that was issued and |
| 10 | | outstanding by the Authority and ensure that the obligations |
| 11 | | owed to bondholders are fulfilled. |
| 12 | | (c) The Board may not issue new debt, except for: |
| 13 | | (1) debt or other financial instruments designed to |
| 14 | | refinance or retire debt that was issued and outstanding |
| 15 | | on the effective date of this amendatory Act of the 104th |
| 16 | | General Assembly; |
| 17 | | (2) debt or other financial instruments in the |
| 18 | | amounts, terms and conditions, and other requirements |
| 19 | | provided for in the Full Funding Grant Agreement in the |
| 20 | | form in which it was executed on January 10, 2025, and in |
| 21 | | effect on the date of this amendatory Act of the 104th |
| 22 | | General Assembly (Project ID No. IL-2025-001-00), commonly |
| 23 | | known as the Red Line Extension Project, and to refinance |
| 24 | | or retire debt that was issued pursuant to the Full |
| 25 | | Funding Grant Agreement in the form in which it was |
| 26 | | executed on January 10, 2025; and |
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| 1 | | (3) debt or other financial instruments in the |
| 2 | | amounts, terms and conditions, and other requirements |
| 3 | | provided for in the Full Funding Grant Agreement in the |
| 4 | | form in which it was executed on January 9, 2017, and in |
| 5 | | effect on the date of this amendatory Act of the 104th |
| 6 | | General Assembly (Project ID No. IL-2017-002-00), commonly |
| 7 | | known as the Red and Purple Modernization Phase One |
| 8 | | Project, and to refinance or retire debt that was issued |
| 9 | | pursuant to the Full Funding Grant Agreement in the form |
| 10 | | in which it was executed on January 9, 2017. |
| 11 | | The Authority shall receive revenues sufficient to satisfy |
| 12 | | the financial obligation of the above instruments under the |
| 13 | | Northern Illinois Transit Authority Act. |
| 14 | | All material changes in the amount, terms and conditions, |
| 15 | | or other requirements of the projects covered by the Full |
| 16 | | Funding Agreements in paragraphs (2) and (3) and occurring |
| 17 | | after the effective date of this amendatory Act of the 104th |
| 18 | | General Assembly are subject to the review and approval of the |
| 19 | | Board of the Northern Illinois Transit Authority. The |
| 20 | | Authority shall cooperate with the Northern Illinois Transit |
| 21 | | Authority on the use of alternative issuers of debt or other |
| 22 | | financial instruments or other efforts by the Northern |
| 23 | | Illinois Transit Authority to reduce the debt expense of the |
| 24 | | above-referenced projects, including pursuit of additional |
| 25 | | funding sources. The authorization provided in paragraphs (2) |
| 26 | | and (3) of this subsection shall expire on December 31, 2032. |
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| 1 | | (d) In addition to any powers provided in this Act, the |
| 2 | | Authority shall have all of the powers specified in Section |
| 3 | | 2.20 of the Northern Illinois Transit Authority Act, except |
| 4 | | that the powers specified in paragraph (v) of subsection (a) |
| 5 | | of Section 2.20 must be delegated to the Authority by the Board |
| 6 | | of the Northern Illinois Transit Authority. |
| 7 | | (e) The Board shall also have the power to: |
| 8 | | (1) cooperate with the Northern Illinois Transit |
| 9 | | Authority in the exercise by the Northern Illinois Transit |
| 10 | | Authority of all the powers granted to the Northern |
| 11 | | Illinois Transit Authority by the Northern Illinois |
| 12 | | Transit Authority Act; |
| 13 | | (2) receive funds from the Northern Illinois Transit |
| 14 | | Authority under Sections 2.02, 4.01, 4.02, 4.09, and 4.10 |
| 15 | | of the Northern Illinois Transit Authority Act, as |
| 16 | | provided in the Northern Illinois Transit Authority Act; |
| 17 | | (3) receive financial grants from the Northern |
| 18 | | Illinois Transit Authority; |
| 19 | | (4) adopt ordinances and rules to regulate the use, |
| 20 | | operation, and maintenance of its property and facilities; |
| 21 | | and |
| 22 | | (5) carry into effect the powers granted to the |
| 23 | | Authority, with any necessary fines or penalties, such as |
| 24 | | the suspension of riding privileges or confiscation of |
| 25 | | fare media under Section 2.40 of the Northern Illinois |
| 26 | | Transit Authority Act, as the Board deems proper. |
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| 1 | | (f) The Authority shall use powers delegated to it by the |
| 2 | | Northern Illinois Transit Authority to oversee the delivery of |
| 3 | | public transportation in the metropolitan region, provided |
| 4 | | that the Northern Illinois Transit Authority shall retain |
| 5 | | primary responsibility for setting fares, service standards, |
| 6 | | schedules, and coordinated fare collection so that the public |
| 7 | | transportation system in the metropolitan region operates on a |
| 8 | | one-network, one-timetable, one-ticket model for transit |
| 9 | | users. The Authority shall have power to acquire by purchase, |
| 10 | | condemnation, lease, gift or otherwise all or any part of the |
| 11 | | plant, equipment, property, rights in property, reserve funds, |
| 12 | | employees' pension or retirement funds, special funds, |
| 13 | | franchises, licenses, patents, permits and papers, documents |
| 14 | | and records belonging to any public utility operating a |
| 15 | | transportation system within the metropolitan area of Cook |
| 16 | | County, together with all or any part of the right of way, |
| 17 | | equipment, fixed facilities and other property of any kind of |
| 18 | | any such utility extending beyond the boundaries of the |
| 19 | | metropolitan area of Cook County and forming part of an |
| 20 | | integrated suburban rapid transit, rail transportation |
| 21 | | facility or motor bus operation connecting with rapid transit |
| 22 | | or electric railway lines in super highways of the Authority |
| 23 | | or leading to the unification and integration of a unified |
| 24 | | rapid transit, rail, and motor bus operation in and about the |
| 25 | | metropolitan area of Cook County. Such properties upon |
| 26 | | acquisition by or lease to the Authority shall become and be |
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| 1 | | operated as part of the transportation system of the Authority |
| 2 | | and the Authority shall have all powers in connection with |
| 3 | | such properties and such operations as are conferred by this |
| 4 | | Act with respect to the transportation system of the Authority |
| 5 | | located within the metropolitan area of Cook County. The |
| 6 | | Authority shall also have the power to enter into agreements |
| 7 | | to operate any such lines extending beyond the boundaries of |
| 8 | | the metropolitan area; such agreements to be subject to all |
| 9 | | other provisions of this Act. The Authority shall have power |
| 10 | | to contract for or lease for operation and maintenance by the |
| 11 | | Authority, any municipally owned local transportation subways |
| 12 | | or other municipally owned local transportation facilities or |
| 13 | | the facilities of any common carrier or the facilities of any |
| 14 | | local Mass Transit District, organized under the "Local Mass |
| 15 | | Transit Act", approved July 21, 1959, as heretofore and |
| 16 | | hereafter amended, whether such subways or facilities are |
| 17 | | within or without the metropolitan area of Cook County. The |
| 18 | | Authority shall have the power to contract with any local Mass |
| 19 | | Transit District, organized under the "Local Mass Transit |
| 20 | | Act", approved July 21, 1959, as heretofore and hereafter |
| 21 | | amended, or with any common carrier for the construction and |
| 22 | | operation of a transportation system, whether such |
| 23 | | transportation system is within or without the metropolitan |
| 24 | | area of Cook County. However, the Authority shall not have |
| 25 | | power to operate a motor bus facility, the major part of which |
| 26 | | is used for local transportation of passengers in any city, |
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| 1 | | village or incorporated town, unless and until the Authority |
| 2 | | shall have secured the right to operate motor buses in such |
| 3 | | municipality for local transportation of passengers in the |
| 4 | | manner stated in Section 11 of this Act. |
| 5 | | (Source: P.A. 76-1548.)
|
| 6 | | (70 ILCS 3605/9a) (from Ch. 111 2/3, par. 309a) |
| 7 | | Sec. 9a. In addition to all its other powers, the |
| 8 | | Authority shall, in all its dealings with the Northern |
| 9 | | Illinois Transit Regional Transportation Authority established |
| 10 | | by the Northern Illinois Transit "Regional Transportation |
| 11 | | Authority Act", enacted by the 78th General Assembly, have the |
| 12 | | following powers: |
| 13 | | (a) (blank); to cooperate with the Regional Transportation |
| 14 | | Authority in the exercise by the Regional Transportation |
| 15 | | Authority of all the powers granted it by such Act; |
| 16 | | (b) (blank); to receive funds from the Regional |
| 17 | | Transportation Authority pursuant to Sections 2.02, 4.01, |
| 18 | | 4.02, 4.09 and 4.10 of the "Regional Transportation Authority |
| 19 | | Act", all as provided in the "Regional Transportation |
| 20 | | Authority Act"; |
| 21 | | (c) to receive financial grants from the Northern Illinois |
| 22 | | Transit Regional Transportation Authority or a Service Board, |
| 23 | | as defined in the Northern Illinois Transit " Regional |
| 24 | | Transportation Authority Act", upon such terms and conditions |
| 25 | | as shall be set forth in a grant contract between either the |
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| 1 | | Authority and the Northern Illinois Transit Regional |
| 2 | | Transportation Authority or the Authority and another Service |
| 3 | | Board, which contract or agreement may be for such number of |
| 4 | | years or duration as the parties may agree, all as provided in |
| 5 | | the Northern Illinois Transit "Regional Transportation |
| 6 | | Authority Act"; |
| 7 | | (d) to acquire from the Northern Illinois Transit Regional |
| 8 | | Transportation Authority any Public Transportation Facility, |
| 9 | | as defined in the Northern Illinois Transit "Regional |
| 10 | | Transportation Authority Act", by purchase contract, gift, |
| 11 | | grant, exchange for other property or rights in property, |
| 12 | | lease (or sublease) or installment or conditional purchase |
| 13 | | contracts, which contracts or leases may provide for |
| 14 | | consideration to be paid in annual installments during a |
| 15 | | period not exceeding 40 years; such property may be acquired |
| 16 | | subject to such conditions, restrictions, liens or security or |
| 17 | | other interests of other parties as the Authority may deem |
| 18 | | appropriate and in each case the Authority may acquire or |
| 19 | | dispose of a joint, leasehold, easement, license or other |
| 20 | | partial interest in such property; |
| 21 | | (e) to sell, sell by installment contract, lease (or |
| 22 | | sublease) as lessor, or transfer to, or grant to or provide for |
| 23 | | the use by the Northern Illinois Transit Regional |
| 24 | | Transportation Authority any Public Transportation Facility, |
| 25 | | as defined in the Northern Illinois Transit " Regional |
| 26 | | Transportation Authority Act", upon such terms and for such |
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| 1 | | consideration, or for no consideration, as the Authority may |
| 2 | | deem proper; |
| 3 | | (f) to cooperate with the Northern Illinois Transit |
| 4 | | Regional Transportation Authority for the protection of |
| 5 | | employees of the Authority and users of public transportation |
| 6 | | facilities against crime and unsafe conditions and also to |
| 7 | | protect such facilities; such cooperation may include, without |
| 8 | | limitation, agreements for the coordination or merger of |
| 9 | | police or security forces; |
| 10 | | (g) to file such budgets, financial plans and reports with |
| 11 | | and transfer such records, papers, or documents to the |
| 12 | | Northern Illinois Transit Regional Transportation Authority as |
| 13 | | may be agreed upon with, or required by the Northern Illinois |
| 14 | | Transit Regional Transportation Authority, all as provided in |
| 15 | | the Northern Illinois Transit "Regional Transportation |
| 16 | | Authority Act". |
| 17 | | (Source: P.A. 90-273, eff. 7-30-97.)
|
| 18 | | (70 ILCS 3605/9b) (from Ch. 111 2/3, par. 309b) |
| 19 | | Sec. 9b. The Authority shall comply with the requirements |
| 20 | | imposed upon a Service Board in Sections 4.09(d) and 4.11 of |
| 21 | | the Northern Illinois Transit Regional Transportation |
| 22 | | Authority Act and with the requirements of Section 2.11 of the |
| 23 | | Northern Illinois Transit Regional Transportation Authority |
| 24 | | Act. The Authority shall present evidence that it has complied |
| 25 | | with Section 27a of this Act to the Regional Transportation |
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| 1 | | Authority. |
| 2 | | (Source: P.A. 102-559, eff. 8-20-21.)
|
| 3 | | (70 ILCS 3605/12a) (from Ch. 111 2/3, par. 312a) |
| 4 | | Sec. 12a. (a) In addition to other powers provided in |
| 5 | | Section 12b, the Authority may issue its notes from time to |
| 6 | | time, in anticipation of tax receipts of the Northern Illinois |
| 7 | | Transit Regional Transportation Authority allocated to the |
| 8 | | Authority or of other revenues or receipts of the Authority, |
| 9 | | in order to provide money for the Authority to cover any cash |
| 10 | | flow deficit which the Authority anticipates incurring. |
| 11 | | Provided, however, that no such notes may be issued unless the |
| 12 | | annual cost thereof is incorporated in a budget or revised |
| 13 | | budget of the Authority which has been approved by the |
| 14 | | Northern Illinois Transit Regional Transportation Authority. |
| 15 | | Any such notes are referred to as "Working Cash Notes". |
| 16 | | Provided further that, the board shall not issue and have |
| 17 | | outstanding or demand and direct that the Board of the |
| 18 | | Northern Illinois Transit Regional Transportation Authority |
| 19 | | issue and have outstanding more than an aggregate of |
| 20 | | $40,000,000 in Working Cash Notes. No Working Cash Notes shall |
| 21 | | be issued for a term of longer than 18 months. Proceeds of |
| 22 | | Working Cash Notes may be used to pay day to day operating |
| 23 | | expenses of the Authority, consisting of wages, salaries and |
| 24 | | fringe benefits, professional and technical services |
| 25 | | (including legal, audit, engineering and other consulting |
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| 1 | | services), office rental, furniture, fixtures and equipment, |
| 2 | | insurance premiums, claims for self-insured amounts under |
| 3 | | insurance policies, public utility obligations for telephone, |
| 4 | | light, heat and similar items, travel expenses, office |
| 5 | | supplies, postage, dues, subscriptions, public hearings and |
| 6 | | information expenses, fuel purchases, and payments of grants |
| 7 | | and payments under purchase of service agreements for |
| 8 | | operations of Transportation Agencies transportation agencies, |
| 9 | | prior to the receipt by the Authority from time to time of |
| 10 | | funds for paying such expenses. Proceeds of the Working Cash |
| 11 | | Notes shall not be used (i) to increase or provide a debt |
| 12 | | service reserve fund for any bonds or notes other than Working |
| 13 | | Cash Notes of the same Series, or (ii) to pay principal of or |
| 14 | | interest or redemption premium on any capital bonds or notes, |
| 15 | | whether as such amounts become due or by earlier redemption, |
| 16 | | issued by the Authority or a transportation agency to |
| 17 | | construct or acquire public transportation facilities, or to |
| 18 | | provide funds to purchase such capital bonds or notes. |
| 19 | | (b) The ordinance providing for the issuance of any such |
| 20 | | notes shall fix the date or dates of maturity, the dates on |
| 21 | | which interest is payable, any sinking fund account or reserve |
| 22 | | fund account provisions and all other details of such notes |
| 23 | | and may provide for such covenants or agreements necessary or |
| 24 | | desirable with regard to the issue, sale and security of such |
| 25 | | notes. The Authority shall determine and fix the rate or rates |
| 26 | | of interest of its notes issued under this Act in an ordinance |
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| 1 | | adopted by the Board prior to the issuance thereof, none of |
| 2 | | which rates of interest shall exceed that permitted in the |
| 3 | | Bond Authorization Act. Interest may be payable annually or |
| 4 | | semi-annually, or at such other times as determined by the |
| 5 | | Board. Notes issued under this Section may be issued as serial |
| 6 | | or term obligations, shall be of such denomination or |
| 7 | | denominations and form, including interest coupons to be |
| 8 | | attached thereto, be executed in such manner, shall be payable |
| 9 | | at such place or places and bear such date as the Board shall |
| 10 | | fix by the ordinance authorizing such note and shall mature at |
| 11 | | such time or times, within a period not to exceed 18 months |
| 12 | | from the date of issue, and may be redeemable prior to maturity |
| 13 | | with or without premium, at the option of the Board, upon such |
| 14 | | terms and conditions as the Board shall fix by the ordinance |
| 15 | | authorizing the issuance of such notes. The Board may provide |
| 16 | | for the registration of notes in the name of the owner as to |
| 17 | | the principal alone or as to both principal and interest, upon |
| 18 | | such terms and conditions as the Board may determine. The |
| 19 | | ordinance authorizing notes may provide for the exchange of |
| 20 | | such notes which are fully registered, as to both principal |
| 21 | | and interest, with notes which are registerable as to |
| 22 | | principal only. All notes issued under this Section by the |
| 23 | | Board shall be sold at a price which may be at a premium or |
| 24 | | discount but such that the interest cost (excluding any |
| 25 | | redemption premium) to the Board of the proceeds of an issue of |
| 26 | | such notes, computed to stated maturity according to standard |
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| 1 | | tables of bond values, shall not exceed that permitted in the |
| 2 | | Bond Authorization Act. Such notes shall be sold at such time |
| 3 | | or times as the Board shall determine. The notes may be sold |
| 4 | | either upon competitive bidding or by negotiated sale (without |
| 5 | | any requirement of publication of intention to negotiate the |
| 6 | | sale of such notes), as the Board shall determine by ordinance |
| 7 | | adopted with the affirmative votes of at least 4 Directors. In |
| 8 | | case any officer whose signature appears on any notes or |
| 9 | | coupons authorized pursuant to this Section shall cease to be |
| 10 | | such officer before delivery of such notes, such signature |
| 11 | | shall nevertheless be valid and sufficient for all purposes, |
| 12 | | the same as if such officer had remained in office until such |
| 13 | | delivery. Neither the Directors of the Northern Illinois |
| 14 | | Transit Regional Transportation Authority, the Directors of |
| 15 | | the Authority nor any person executing any bonds or notes |
| 16 | | thereof shall be liable personally on any such bonds or notes |
| 17 | | or coupons by reason of the issuance thereof. |
| 18 | | (c) All notes of the Authority issued pursuant to this |
| 19 | | Section shall be general obligations of the Authority to which |
| 20 | | shall be pledged the full faith and credit of the Authority, as |
| 21 | | provided in this Section. Such notes shall be secured as |
| 22 | | provided in the authorizing ordinance, which may, |
| 23 | | notwithstanding any other provision of this Act, include in |
| 24 | | addition to any other security, a specific pledge or |
| 25 | | assignment of and lien on or security interest in any or all |
| 26 | | tax receipts of the Northern Illinois Transit Regional |
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| 1 | | Transportation Authority allocated to the Authority and on any |
| 2 | | or all other revenues or moneys of the Authority from whatever |
| 3 | | source which may by law be utilized for debt service purposes |
| 4 | | and a specific pledge or assignment of and lien on or security |
| 5 | | interest in any funds or accounts established or provided for |
| 6 | | by the ordinance of the Board authorizing the issuance of such |
| 7 | | notes. Any such pledge, assignment, lien or security interest |
| 8 | | for the benefit of holders of notes of the Authority shall be |
| 9 | | valid and binding from the time the notes are issued without |
| 10 | | any physical delivery or further act, and shall be valid and |
| 11 | | binding as against and prior to the claims of all other parties |
| 12 | | having claims of any kind against the Authority or any other |
| 13 | | person irrespective of whether such other parties have notice |
| 14 | | of such pledge, assignment, lien or security interest. The |
| 15 | | obligations of the Authority incurred pursuant to this Section |
| 16 | | shall be superior to and have priority over any other |
| 17 | | obligations of the Authority except for obligations under |
| 18 | | Section 12. The Board may provide in the ordinance authorizing |
| 19 | | the issuance of any notes issued pursuant to this Section for |
| 20 | | the creation of, deposits in, and regulation and disposition |
| 21 | | of sinking fund or reserve accounts relating to such notes. |
| 22 | | The ordinance authorizing the issuance of any notes pursuant |
| 23 | | to this Section may contain provisions as part of the contract |
| 24 | | with the holders of the notes, for the creation of a separate |
| 25 | | fund to provide for the payment of principal and interest on |
| 26 | | such notes and for the deposit in such fund from any or all the |
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| 1 | | tax receipts of the Northern Illinois Transit Regional |
| 2 | | Transportation Authority allocated to the Authority and from |
| 3 | | any or all such other moneys or revenues of the Authority from |
| 4 | | whatever source which may by law be utilized for debt service |
| 5 | | purposes, all as provided in such ordinance, of amounts to |
| 6 | | meet the debt service requirements on such notes, including |
| 7 | | principal and interest, and any sinking fund or reserve fund |
| 8 | | account requirements as may be provided by such ordinance, and |
| 9 | | all expenses incident to or in connection with such fund and |
| 10 | | accounts or the payment of such notes. Such ordinance may also |
| 11 | | provide limitations on the issuance of additional notes of the |
| 12 | | Authority. No such notes of the Authority shall constitute a |
| 13 | | debt of the State of Illinois. |
| 14 | | (d) The ordinance of the Board authorizing the issuance of |
| 15 | | any notes may provide additional security for such notes by |
| 16 | | providing for appointment of a corporate trustee (which may be |
| 17 | | any trust company or bank having the powers of a trust company |
| 18 | | within the State) with respect to such notes. The ordinance |
| 19 | | shall prescribe the rights, duties and powers of the trustee |
| 20 | | to be exercised for the benefit of the Authority and the |
| 21 | | protection of the holders of such notes. The ordinance may |
| 22 | | provide for the trustee to hold in trust, invest and use |
| 23 | | amounts in funds and accounts created as provided by the |
| 24 | | ordinance with respect to the notes. The ordinance shall |
| 25 | | provide that amounts so paid to the trustee which are not |
| 26 | | required to be deposited, held or invested in funds and |
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| 1 | | accounts created by the ordinance with respect to notes or |
| 2 | | used for paying notes to be paid by the trustee to the |
| 3 | | Authority. |
| 4 | | (e) Any notes of the Authority issued pursuant to this |
| 5 | | Section shall constitute a contract between the Authority and |
| 6 | | the holders from time to time of such notes. In issuing any |
| 7 | | note, the Board may include in the ordinance authorizing such |
| 8 | | issue a covenant as part of the contract with the holders of |
| 9 | | the notes, that as long as such obligations are outstanding, |
| 10 | | it shall make such deposits, as provided in paragraph (c) of |
| 11 | | this Section. A certified copy of the ordinance authorizing |
| 12 | | the issuance of any such obligations shall be filed at or prior |
| 13 | | to the issuance of such obligations with the Northern Illinois |
| 14 | | Transit Regional Transportation Authority, Comptroller of the |
| 15 | | State of Illinois and the Illinois Department of Revenue. |
| 16 | | (f) The State of Illinois pledges to and agrees with the |
| 17 | | holders of the notes of the Authority issued pursuant to this |
| 18 | | Section that the State will not limit or alter the rights and |
| 19 | | powers vested in the Authority by this Act or in the Northern |
| 20 | | Illinois Transit Regional Transportation Authority by the |
| 21 | | Northern Illinois Transit Regional Transportation Authority |
| 22 | | Act so as to impair the terms of any contract made by the |
| 23 | | Authority with such holders or in any way impair the rights and |
| 24 | | remedies of such holders until such notes, together with |
| 25 | | interest thereon, with interest on any unpaid installments of |
| 26 | | interest, and all costs and expenses in connection with any |
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| 1 | | action or proceedings by or on behalf of such holders, are |
| 2 | | fully met and discharged. In addition, the State pledges to |
| 3 | | and agrees with the holders of the notes of the Authority |
| 4 | | issued pursuant to this Section that the State will not limit |
| 5 | | or alter the basis on which State funds are to be paid to the |
| 6 | | Authority as provided in the Northern Illinois Transit |
| 7 | | Regional Transportation Authority Act, or the use of such |
| 8 | | funds, so as to impair the terms of any such contract. The |
| 9 | | Board is authorized to include these pledges and agreements of |
| 10 | | the State in any contract with the holders of bonds or notes |
| 11 | | issued pursuant to this Section. |
| 12 | | (g) The Board shall not at any time issue, sell or deliver |
| 13 | | any Interim Financing Notes pursuant to this Section which |
| 14 | | will cause it to have issued and outstanding at any time in |
| 15 | | excess of $40,000,000 of Working Cash Notes. Notes which are |
| 16 | | being paid or retired by such issuance, sale or delivery of |
| 17 | | notes, and notes for which sufficient funds have been |
| 18 | | deposited with the paying agency of such notes to provide for |
| 19 | | payment of principal and interest thereon or to provide for |
| 20 | | the redemption thereof, all pursuant to the ordinance |
| 21 | | authorizing the issuance of such notes, shall not be |
| 22 | | considered to be outstanding for the purposes of this |
| 23 | | paragraph. |
| 24 | | (h) The Board, subject to the terms of any agreements with |
| 25 | | noteholders as may then exist, shall have power, out of any |
| 26 | | funds available therefor, to purchase notes of the Authority |
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| 1 | | which shall thereupon be cancelled. |
| 2 | | (i) In addition to any other authority granted by law, the |
| 3 | | State Treasurer may, with the approval of the Governor, invest |
| 4 | | or reinvest, at a price not to exceed par, any State money in |
| 5 | | the State treasury that Treasury which is not needed for |
| 6 | | current expenditures due or about to become due in Interim |
| 7 | | Financing Notes. In the event of a default on an interim |
| 8 | | financing note issued by the Chicago Transit Authority in |
| 9 | | which State money in the State treasury was invested, the |
| 10 | | Treasurer may, after giving notice to the Authority, certify |
| 11 | | to the Comptroller the amounts of the defaulted interim |
| 12 | | financing note, in accordance with any applicable rules of the |
| 13 | | Comptroller, and the Comptroller must deduct and remit to the |
| 14 | | State treasury the certified amounts or a portion of those |
| 15 | | amounts from the following proportions of payments of State |
| 16 | | funds to the Authority: |
| 17 | | (1) in the first year after default, one-third of the |
| 18 | | total amount of any payments of State funds to the |
| 19 | | Authority; |
| 20 | | (2) in the second year after default, two-thirds of |
| 21 | | the total amount of any payments of State funds to the |
| 22 | | Authority; and |
| 23 | | (3) in the third year after default and for each year |
| 24 | | thereafter until the total invested amount is repaid, the |
| 25 | | total amount of any payments of State funds to the |
| 26 | | Authority. |
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| 1 | | (Source: P.A. 100-201, eff. 8-18-17; 101-485, eff. 8-23-19.)
|
| 2 | | (70 ILCS 3605/12b) (from Ch. 111 2/3, par. 312b) |
| 3 | | Sec. 12b. Working Cash Borrowing. In addition to the |
| 4 | | powers provided in Section 12a, the Board with the affirmative |
| 5 | | vote of 5 of its Directors may request demand and direct the |
| 6 | | Board of the Northern Illinois Transit Regional Transportation |
| 7 | | Authority to issue Working Cash Notes at such time and in such |
| 8 | | amounts and having such maturities as the Authority deems |
| 9 | | proper, provided however any such borrowing shall have been |
| 10 | | specifically identified in the budget of the Authority as |
| 11 | | approved by the Board of the Northern Illinois Transit |
| 12 | | Regional Transportation Authority. Provided further, that the |
| 13 | | Board may not issue and have outstanding or demand and direct |
| 14 | | the Board of the Northern Illinois Transit Regional |
| 15 | | Transportation Authority to issue and have outstanding more |
| 16 | | than an aggregate of $40,000,000 in Working Cash Notes. |
| 17 | | (Source: P.A. 83-885; 83-886.)
|
| 18 | | (70 ILCS 3605/12c) |
| 19 | | Sec. 12c. Retiree Benefits Bonds and Notes. |
| 20 | | (a) In addition to all other bonds or notes that it is |
| 21 | | authorized to issue, the Authority is authorized to issue its |
| 22 | | bonds or notes for the purposes of providing funds for the |
| 23 | | Authority to make the deposits described in Section 12c(b)(1) |
| 24 | | and (2), for refunding any bonds authorized to be issued under |
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| 1 | | this Section, as well as for the purposes of paying costs of |
| 2 | | issuance, obtaining bond insurance or other credit enhancement |
| 3 | | or liquidity facilities, paying costs of obtaining related |
| 4 | | swaps as authorized in the Bond Authorization Act ("Swaps"), |
| 5 | | providing a debt service reserve fund, paying Debt Service (as |
| 6 | | defined in paragraph (i) of this Section 12c), and paying all |
| 7 | | other costs related to any such bonds or notes. |
| 8 | | (b)(1) After its receipt of a certified copy of a report of |
| 9 | | the Auditor General of the State of Illinois meeting the |
| 10 | | requirements of Section 3-2.3 of the Illinois State Auditing |
| 11 | | Act, the Authority may issue $1,348,550,000 aggregate original |
| 12 | | principal amount of bonds and notes. After payment of the |
| 13 | | costs of issuance and necessary deposits to funds and accounts |
| 14 | | established with respect to debt service, the net proceeds of |
| 15 | | such bonds or notes shall be deposited only in the Retirement |
| 16 | | Plan for Chicago Transit Authority Employees and used only for |
| 17 | | the purposes required by Section 22-101 of the Illinois |
| 18 | | Pension Code. Provided that no less than $1,110,500,000 has |
| 19 | | been deposited in the Retirement Plan, remaining proceeds of |
| 20 | | bonds issued under this subparagraph (b)(1) may be used to pay |
| 21 | | costs of issuance and make necessary deposits to funds and |
| 22 | | accounts with respect to debt service for bonds and notes |
| 23 | | issued under this subparagraph or subparagraph (b)(2). |
| 24 | | (2) After its receipt of a certified copy of a report of |
| 25 | | the Auditor General of the State of Illinois meeting the |
| 26 | | requirements of Section 3-2.3 of the Illinois State Auditing |
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| 1 | | Act, the Authority may issue $639,680,000 aggregate original |
| 2 | | principal amount of bonds and notes. After payment of the |
| 3 | | costs of issuance and necessary deposits to funds and accounts |
| 4 | | established with respect to debt service, the net proceeds of |
| 5 | | such bonds or notes shall be deposited only in the Retiree |
| 6 | | Health Care Trust and used only for the purposes required by |
| 7 | | Section 22-101B of the Illinois Pension Code. Provided that no |
| 8 | | less than $528,800,000 has been deposited in the Retiree |
| 9 | | Health Care Trust, remaining proceeds of bonds issued under |
| 10 | | this subparagraph (b)(2) may be used to pay costs of issuance |
| 11 | | and make necessary deposits to funds and accounts with respect |
| 12 | | to debt service for bonds and notes issued under this |
| 13 | | subparagraph or subparagraph (b)(1). |
| 14 | | (3) In addition, refunding bonds are authorized to be |
| 15 | | issued for the purpose of refunding outstanding bonds or notes |
| 16 | | issued under this Section 12c. |
| 17 | | (4) The bonds or notes issued under 12c(b)(1) shall be |
| 18 | | issued as soon as practicable after the Auditor General issues |
| 19 | | the report provided in Section 3-2.3(b) of the Illinois State |
| 20 | | Auditing Act. The bonds or notes issued under 12c(b)(2) shall |
| 21 | | be issued as soon as practicable after the Auditor General |
| 22 | | issues the report provided in Section 3-2.3(c) of the Illinois |
| 23 | | State Auditing Act. |
| 24 | | (5) With respect to bonds and notes issued under |
| 25 | | subparagraph (b), scheduled aggregate annual payments of |
| 26 | | interest or deposits into funds and accounts established for |
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| 1 | | the purpose of such payment shall commence within one year |
| 2 | | after the bonds and notes are issued. With respect to |
| 3 | | principal and interest, scheduled aggregate annual payments of |
| 4 | | principal and interest or deposits into funds and accounts |
| 5 | | established for the purpose of such payment shall be not less |
| 6 | | than 70% in 2009, 80% in 2010, and 90% in 2011, respectively, |
| 7 | | of scheduled payments or deposits of principal and interest in |
| 8 | | 2012 and shall be substantially equal beginning in 2012 and |
| 9 | | each year thereafter. For purposes of this subparagraph (b), |
| 10 | | "substantially equal" means that debt service in any full year |
| 11 | | after calendar year 2011 is not more than 115% of debt service |
| 12 | | in any other full year after calendar year 2011 during the term |
| 13 | | of the bonds or notes. For the purposes of this subsection (b), |
| 14 | | with respect to bonds and notes that bear interest at a |
| 15 | | variable rate, interest shall be assumed at a rate equal to the |
| 16 | | rate for United States Treasury Securities - State and Local |
| 17 | | Government Series for the same maturity, plus 75 basis points. |
| 18 | | If the Authority enters into a Swap with a counterparty |
| 19 | | requiring the Authority to pay a fixed interest rate on a |
| 20 | | notional amount, and the Authority has made a determination |
| 21 | | that such Swap was entered into for the purpose of providing |
| 22 | | substitute interest payments for variable interest rate bonds |
| 23 | | or notes of a particular maturity or maturities in a principal |
| 24 | | amount equal to the notional amount of the Swap, then during |
| 25 | | the term of the Swap for purposes of any calculation of |
| 26 | | interest payable on such bonds or notes, the interest rate on |
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| 1 | | the bonds or notes of such maturity or maturities shall be |
| 2 | | determined as if such bonds or notes bore interest at the fixed |
| 3 | | interest rate payable by the Authority under such Swap. |
| 4 | | (6) No bond or note issued under this Section 12c shall |
| 5 | | mature later than December 31, 2040. |
| 6 | | (c) The Chicago Transit Board shall provide for the |
| 7 | | issuance of bonds or notes as authorized in this Section 12c by |
| 8 | | the adoption of an ordinance. The ordinance, together with the |
| 9 | | bonds or notes, shall constitute a contract among the |
| 10 | | Authority, the owners from time to time of the bonds or notes, |
| 11 | | any bond trustee with respect to the bonds or notes, any |
| 12 | | related credit enhancer and any provider of any related Swaps. |
| 13 | | (d) The Authority is authorized to cause the proceeds of |
| 14 | | the bonds or notes, and any interest or investment earnings on |
| 15 | | the bonds or notes, and of any Swaps, to be invested until the |
| 16 | | proceeds and any interest or investment earnings have been |
| 17 | | deposited with the Retirement Plan or the Retiree Health Care |
| 18 | | Trust. |
| 19 | | (e) Bonds or notes issued pursuant to this Section 12c may |
| 20 | | be general obligations of the Authority, to which shall be |
| 21 | | pledged the full faith and credit of the Authority, or may be |
| 22 | | obligations payable solely from particular sources of funds |
| 23 | | all as may be provided in the authorizing ordinance. The |
| 24 | | authorizing ordinance for the bonds and notes, whether or not |
| 25 | | general obligations of the Authority, may provide for the Debt |
| 26 | | Service (as defined in paragraph (i) of this Section 12c) to |
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| 1 | | have a claim for payment from particular sources of funds, |
| 2 | | including, without limitation, amounts to be paid to the |
| 3 | | Authority or a bond trustee. The authorizing ordinance may |
| 4 | | provide for the means by which the bonds or notes (and any |
| 5 | | related Swaps) may be secured, which may include, a pledge of |
| 6 | | any revenues or funds of the Authority from whatever source |
| 7 | | which may by law be utilized for paying Debt Service. In |
| 8 | | addition to any other security, upon the written approval of |
| 9 | | the Northern Illinois Transit Regional Transportation |
| 10 | | Authority by a supermajority the affirmative vote of 12 of its |
| 11 | | then Directors, the ordinance may provide a specific pledge or |
| 12 | | assignment of and lien on or security interest in amounts to be |
| 13 | | paid to the Authority by the Northern Illinois Transit |
| 14 | | Regional Transportation Authority and direct payment thereof |
| 15 | | to the bond trustee for payment of Debt Service with respect to |
| 16 | | the bonds or notes, subject to the provisions of existing |
| 17 | | lease agreements of the Authority with any public building |
| 18 | | commission. The authorizing ordinance may also provide a |
| 19 | | specific pledge or assignment of and lien on or security |
| 20 | | interest in and direct payment to the trustee of all or a |
| 21 | | portion of the moneys otherwise payable to the Authority from |
| 22 | | the City of Chicago pursuant to an intergovernmental agreement |
| 23 | | with the Authority to provide financial assistance to the |
| 24 | | Authority. Any such pledge, assignment, lien or security |
| 25 | | interest for the benefit of owners of bonds or notes shall be |
| 26 | | valid and binding from the time the bonds or notes are issued, |
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| 1 | | without any physical delivery or further act, and shall be |
| 2 | | valid and binding as against and prior to the claims of all |
| 3 | | other parties having claims of any kind against the Authority |
| 4 | | or any other person, irrespective of whether such other |
| 5 | | parties have notice of such pledge, assignment, lien or |
| 6 | | security interest, all as provided in the Local Government |
| 7 | | Debt Reform Act, as it may be amended from time to time. The |
| 8 | | bonds or notes of the Authority issued pursuant to this |
| 9 | | Section 12c shall have such priority of payment and as to their |
| 10 | | claim for payment from particular sources of funds, including |
| 11 | | their priority with respect to obligations of the Authority |
| 12 | | issued under other Sections of this Act, all as shall be |
| 13 | | provided in the ordinances authorizing the issuance of the |
| 14 | | bonds or notes. The ordinance authorizing the issuance of any |
| 15 | | bonds or notes under this Section may provide for the creation |
| 16 | | of, deposits in, and regulation and disposition of sinking |
| 17 | | fund or reserve accounts relating to those bonds or notes and |
| 18 | | related agreements. The ordinance authorizing the issuance of |
| 19 | | any such bonds or notes authorized under this Section 12c may |
| 20 | | contain provisions for the creation of a separate fund to |
| 21 | | provide for the payment of principal of and interest on those |
| 22 | | bonds or notes and related agreements. The ordinance may also |
| 23 | | provide limitations on the issuance of additional bonds or |
| 24 | | notes of the Authority. |
| 25 | | (f) Bonds or notes issued under this Section 12c shall not |
| 26 | | constitute an indebtedness of the Northern Illinois Transit |
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| 1 | | Regional Transportation Authority, the State of Illinois, or |
| 2 | | of any other political subdivision of or municipality within |
| 3 | | the State, except the Authority. |
| 4 | | (g) The ordinance of the Chicago Transit Board authorizing |
| 5 | | the issuance of bonds or notes pursuant to this Section 12c may |
| 6 | | provide for the appointment of a corporate trustee (which may |
| 7 | | be any trust company or bank having the powers of a trust |
| 8 | | company within Illinois) with respect to bonds or notes issued |
| 9 | | pursuant to this Section 12c. The ordinance shall prescribe |
| 10 | | the rights, duties, and powers of the trustee to be exercised |
| 11 | | for the benefit of the Authority and the protection of the |
| 12 | | owners of bonds or notes issued pursuant to this Section 12c. |
| 13 | | The ordinance may provide for the trustee to hold in trust, |
| 14 | | invest and use amounts in funds and accounts created as |
| 15 | | provided by the ordinance with respect to the bonds or notes in |
| 16 | | accordance with this Section 12c. The Authority may apply, as |
| 17 | | it shall determine, any amounts received upon the sale of the |
| 18 | | bonds or notes to pay any Debt Service on the bonds or notes. |
| 19 | | The ordinance may provide for a trust indenture to set forth |
| 20 | | terms of, sources of payment for and security for the bonds and |
| 21 | | notes. |
| 22 | | (h) The State of Illinois pledges to and agrees with the |
| 23 | | owners of the bonds or notes issued pursuant to Section 12c |
| 24 | | that the State of Illinois will not limit the powers vested in |
| 25 | | the Authority by this Act to pledge and assign its revenues and |
| 26 | | funds as security for the payment of the bonds or notes, or |
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| 1 | | vested in the Northern Illinois Transit Regional |
| 2 | | Transportation Authority by the Northern Illinois Transit |
| 3 | | Regional Transportation Authority Act or this Act, so as to |
| 4 | | materially impair the payment obligations of the Authority |
| 5 | | under the terms of any contract made by the Authority with |
| 6 | | those owners or to materially impair the rights and remedies |
| 7 | | of those owners until those bonds or notes, together with |
| 8 | | interest and any redemption premium, and all costs and |
| 9 | | expenses in connection with any action or proceedings by or on |
| 10 | | behalf of such owners are fully met and discharged. The |
| 11 | | Authority is authorized to include these pledges and |
| 12 | | agreements of the State of Illinois in any contract with |
| 13 | | owners of bonds or notes issued pursuant to this Section 12c. |
| 14 | | (i) For purposes of this Section, "Debt Service" with |
| 15 | | respect to bonds or notes includes, without limitation, |
| 16 | | principal (at maturity or upon mandatory redemption), |
| 17 | | redemption premium, interest, periodic, upfront, and |
| 18 | | termination payments on Swaps, fees for bond insurance or |
| 19 | | other credit enhancement, liquidity facilities, the funding of |
| 20 | | bond or note reserves, bond trustee fees, and all other costs |
| 21 | | of providing for the security or payment of the bonds or notes. |
| 22 | | (j) The Authority shall adopt a procurement program with |
| 23 | | respect to contracts relating to the following service |
| 24 | | providers in connection with the issuance of debt for the |
| 25 | | benefit of the Retirement Plan for Chicago Transit Authority |
| 26 | | Employees: underwriters, bond counsel, financial advisors, and |
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| 1 | | accountants. The program shall include goals for the payment |
| 2 | | of not less than 30% of the total dollar value of the fees from |
| 3 | | these contracts to minority-owned businesses and women-owned |
| 4 | | businesses as defined in the Business Enterprise for |
| 5 | | Minorities, Women, and Persons with Disabilities Act. The |
| 6 | | Authority shall conduct outreach to minority-owned businesses |
| 7 | | and women-owned businesses. Outreach shall include, but is not |
| 8 | | limited to, advertisements in periodicals and newspapers, |
| 9 | | mailings, and other appropriate media. The Authority shall |
| 10 | | submit to the General Assembly a comprehensive report that |
| 11 | | shall include, at a minimum, the details of the procurement |
| 12 | | plan, outreach efforts, and the results of the efforts to |
| 13 | | achieve goals for the payment of fees. The service providers |
| 14 | | selected by the Authority pursuant to such program shall not |
| 15 | | be subject to approval by the Northern Illinois Transit |
| 16 | | Regional Transportation Authority, and the Northern Illinois |
| 17 | | Transit Regional Transportation Authority's approval pursuant |
| 18 | | to subsection (e) of this Section 12c related to the issuance |
| 19 | | of debt shall not be based in any way on the service providers |
| 20 | | selected by the Authority pursuant to this Section. |
| 21 | | (k) No person holding an elective office in this State, |
| 22 | | holding a seat in the General Assembly, serving as a director, |
| 23 | | trustee, officer, or employee of the Northern Illinois Transit |
| 24 | | Regional Transportation Authority or the Chicago Transit |
| 25 | | Authority, including the spouse or minor child of that person, |
| 26 | | may receive a legal, banking, consulting, or other fee related |
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| 1 | | to the issuance of any bond issued by the Chicago Transit |
| 2 | | Authority pursuant to this Section. |
| 3 | | (Source: P.A. 100-391, eff. 8-25-17.)
|
| 4 | | (70 ILCS 3605/15) (from Ch. 111 2/3, par. 315) |
| 5 | | Sec. 15. To the extent permitted by the Northern Illinois |
| 6 | | Transit Authority Act, the The Authority shall have power to |
| 7 | | apply for and accept grants and loans from the Federal |
| 8 | | Government or any agency or instrumentality thereof, from the |
| 9 | | State, or from any county, municipal corporation or other |
| 10 | | political subdivision of the State to be used for any of the |
| 11 | | purposes of the Authority, including, but not by way of |
| 12 | | limitation, grants and loans in aid of mass transportation and |
| 13 | | for studies in mass transportation, and may provide matching |
| 14 | | funds when necessary to qualify for such grants or loans. The |
| 15 | | Authority may enter into any agreement with the Federal |
| 16 | | Government, the State, and any county, municipal corporation |
| 17 | | or other political subdivision of the State in relation to |
| 18 | | such grants or loans; provided that such agreement does not |
| 19 | | conflict with any of the provisions of any trust agreement |
| 20 | | securing the payment of bonds or certificates of the |
| 21 | | Authority. |
| 22 | | The Authority may also accept from the State state, or |
| 23 | | from any county or other political subdivision, or from any |
| 24 | | municipal corporation, or school district, or school |
| 25 | | authorities, grants or other funds authorized by law to be |
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| 1 | | paid to the Authority for any of the purposes of this Act. |
| 2 | | (Source: P.A. 95-708, eff. 1-18-08.)
|
| 3 | | (70 ILCS 3605/19) (from Ch. 111 2/3, par. 319) |
| 4 | | Sec. 19. (a) This Section is repealed on July 1, 2026. |
| 5 | | (b) The governing and administrative body of the Authority |
| 6 | | shall be a board consisting of seven members, to be known as |
| 7 | | Chicago Transit Board. Members of the Board shall be residents |
| 8 | | of the metropolitan area and persons of recognized business |
| 9 | | ability. No member of the Board of the Authority shall hold any |
| 10 | | other office or employment under the Federal, State or any |
| 11 | | County or any municipal government, or any other unit of local |
| 12 | | government, except an honorary office without compensation or |
| 13 | | an office in the National Guard. No employee of the Authority |
| 14 | | shall hold any other office or employment under the Federal, |
| 15 | | State or any County or any municipal government, or any other |
| 16 | | unit of local government, except an office with compensation |
| 17 | | not exceeding $15,000 annually or a position in the National |
| 18 | | Guard or the United States military reserves. Provided, |
| 19 | | however, that the Chairman may be a member of the Board of the |
| 20 | | Northern Illinois Transit Regional Transportation Authority. |
| 21 | | No member of the Board or employee of the Authority shall have |
| 22 | | any private financial interest, profit or benefit in any |
| 23 | | contract, work or business of the Authority nor in the sale or |
| 24 | | lease of any property to or from the Authority. The salary of |
| 25 | | each member of the initial Board shall be $15,000.00 per |
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| 1 | | annum, and such salary shall not be increased or diminished |
| 2 | | during his or her term of office. The salaries of successor |
| 3 | | members of the Board shall be fixed by the Board and shall not |
| 4 | | be increased or diminished during their respective terms of |
| 5 | | office. No Board member shall be allowed any fees, perquisites |
| 6 | | or emoluments, reward or compensation for his or her services |
| 7 | | as a member or officer of the Authority aside from his or her |
| 8 | | salary or pension, but he or she shall be reimbursed for actual |
| 9 | | expenses incurred by him or her in the performance of his or |
| 10 | | her duties. |
| 11 | | (Source: P.A. 98-709, eff. 7-16-14.)
|
| 12 | | (70 ILCS 3605/19.5 new) |
| 13 | | Sec. 19.5. Chicago Transit Board. |
| 14 | | (a) The governing body of the Chicago Transit Authority |
| 15 | | shall be the Chicago Transit Board. Beginning July 1, 2026, |
| 16 | | the Board shall consist of 7 members appointed as follows: |
| 17 | | (1) Two members appointed by the Governor, with the |
| 18 | | advice and consent of the Senate, including: |
| 19 | | (A) a member with an initial term of 5 years who |
| 20 | | shall serve as a member of the Northern Illinois |
| 21 | | Transit Authority; and |
| 22 | | (B) a member with an initial term of 3 years. |
| 23 | | (2) Three members appointed by the Mayor of Chicago, |
| 24 | | with the advice and consent of the City Council of the City |
| 25 | | of Chicago, including: |
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| 1 | | (A) a member with an initial term of 3 years who |
| 2 | | shall serve as a member of the Northern Illinois |
| 3 | | Transit Authority; |
| 4 | | (B) a member with an initial term of 5 years; and |
| 5 | | (C) a member with an initial term of 3 years. |
| 6 | | (3) Two members appointed by the President of the Cook |
| 7 | | County Board of Commissioners, with the advice and consent |
| 8 | | of the Cook County Board of Commissioners, including: |
| 9 | | (A) a member with an initial term of 3 years who |
| 10 | | shall serve as a member of the Northern Illinois |
| 11 | | Transit Authority; and |
| 12 | | (B) a member with an initial term of 5 years. |
| 13 | | (b) The subsequent terms of each director appointed under |
| 14 | | subsection (a) shall be 5 years. |
| 15 | | (c) The Chair of the Board shall be elected by a simple |
| 16 | | majority vote by the members of the Board from among the |
| 17 | | members of the Board. |
| 18 | | (d) Initial appointments of members under subsection (a) |
| 19 | | must be made in time for the members to begin their terms on |
| 20 | | July 1, 2026. |
| 21 | | (e) On July 1, 2026, the terms of all members serving on |
| 22 | | the effective date of this amendatory Act of the 104th General |
| 23 | | Assembly, and of any members appointed to fill a vacancy, |
| 24 | | shall immediately expire. If a vacancy on the Board occurs |
| 25 | | before July 1, 2026, then the vacancy shall be filled under |
| 26 | | Section 21. Members serving on the effective date of this |
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| 1 | | amendatory Act of the 104th General Assembly may be |
| 2 | | reappointed under subsection (a). |
| 3 | | (f) The members of the Board shall receive an annual |
| 4 | | salary of $15,000, except that members of the Board who are |
| 5 | | also members of the Board of the Northern Illinois Transit |
| 6 | | Authority shall receive $5,000 per year in addition to the |
| 7 | | compensation the members receive for serving on the Board of |
| 8 | | the Northern Illinois Transit Authority. |
| 9 | | (g) Directors shall have diverse and substantial relevant |
| 10 | | experience and expertise for overseeing the planning, |
| 11 | | operation, and funding of a regional transportation system, |
| 12 | | including, but not limited to, backgrounds in urban and |
| 13 | | regional planning, management of large capital projects, labor |
| 14 | | and workforce development, business management, public |
| 15 | | administration, transportation, and community organizations. |
| 16 | | (h) Those responsible for appointing Directors shall |
| 17 | | strive to assemble a set of Directors that, to the greatest |
| 18 | | extent possible, reflects the ethnic, cultural, economic, |
| 19 | | racial, and geographic diversity of the metropolitan region.
|
| 20 | | (70 ILCS 3605/20) (from Ch. 111 2/3, par. 320) |
| 21 | | Sec. 20. |
| 22 | | (a) This Section is repealed on July 1, 2026. |
| 23 | | (b) Within sixty (60) days after the adoption of this Act |
| 24 | | by the electors of one or more cities, villages and |
| 25 | | incorporated towns within the metropolitan area having a |
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| 1 | | population in the aggregate of at least 100,000 according to |
| 2 | | the Federal census of 1940, the Governor, by and with the |
| 3 | | advice and consent of the Senate, shall appoint three members |
| 4 | | of the Board for initial terms expiring September first of the |
| 5 | | years 1947, 1948 and 1949, respectively, at least one of which |
| 6 | | members shall be a resident of that portion of the |
| 7 | | metropolitan area which is outside the corporate limits of the |
| 8 | | City of Chicago, and the Mayor, with advice and consent of the |
| 9 | | City Council of the City of Chicago, shall appoint four |
| 10 | | members of the Board for initial terms expiring September |
| 11 | | first of the years 1946, 1950, 1951 and 1952, respectively. At |
| 12 | | the expiration of the term of any member appointed by the |
| 13 | | Governor his successor shall be appointed by the Governor, and |
| 14 | | at the expiration of the term of any member appointed by the |
| 15 | | Mayor his successor shall be appointed by the Mayor in like |
| 16 | | manner, and with like regard as to the place of residence of |
| 17 | | the appointee, as appointments for the initial terms. All |
| 18 | | successors shall hold office for the term of seven years from |
| 19 | | the first day of September of the year in which they are |
| 20 | | appointed, except in case of an appointment to fill a vacancy. |
| 21 | | In case of vacancy in the office of any member appointed by the |
| 22 | | Governor during the recess of the Senate, the Governor shall |
| 23 | | make a temporary appointment until the next meeting of the |
| 24 | | Senate when he shall nominate some person to fill such office; |
| 25 | | and any person so nominated, who is confirmed by the Senate, |
| 26 | | shall hold his office during the remainder of the term and |
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| 1 | | until his successor shall be appointed and qualified. If the |
| 2 | | Senate is not in session at the time this Act takes effect, the |
| 3 | | Governor shall make temporary appointments as in case of |
| 4 | | vacancies. Each appointment by the Governor shall be subject |
| 5 | | to approval by the Mayor, and each appointment by the Mayor |
| 6 | | shall be subject to approval by the Governor and, when so |
| 7 | | approved, the Governor and the Mayor shall certify their |
| 8 | | respective appointments and approvals to the Secretary of |
| 9 | | State. If the Governor or the Mayor does not approve or |
| 10 | | disapprove the appointment by the Mayor or the Governor, |
| 11 | | respectively, within 15 days after receipt thereof, the person |
| 12 | | is appointed. Within thirty days after certification and |
| 13 | | approval of his appointment, and before entering upon the |
| 14 | | duties of his office, each member of the Board shall take and |
| 15 | | subscribe the constitutional oath of office and file it in the |
| 16 | | office of the Secretary of State. |
| 17 | | (Source: P.A. 79-938.)
|
| 18 | | (70 ILCS 3605/21) (from Ch. 111 2/3, par. 321) |
| 19 | | Sec. 21. Members of the Board shall hold office until |
| 20 | | their respective successors have been appointed and have |
| 21 | | qualified. Any member may resign from his or her office, to |
| 22 | | take effect when his or her successor has been appointed and |
| 23 | | has qualified. An appointing authority The Governor and the |
| 24 | | Mayor, respectively, may remove any member of the Board |
| 25 | | appointed by him or her in case of incompetency, neglect of |
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| 1 | | duty, or malfeasance in office. They may give him or her a copy |
| 2 | | of the charges against him or her and an opportunity to be |
| 3 | | publicly heard in person or by counsel in his or her own |
| 4 | | defense upon not less than 10 days' notice. The Governor may |
| 5 | | remove any member in response to a summary report received |
| 6 | | from the Executive Inspector General in accordance with |
| 7 | | Section 20-50 of the State Officials and Employees Ethics Act, |
| 8 | | provided he or she has an opportunity to be publicly heard in |
| 9 | | person or by counsel prior to removal. In case of failure to |
| 10 | | qualify within the time required, or of abandonment of his or |
| 11 | | her office, or in case of death, conviction of a crime or |
| 12 | | removal from office, his or her office shall become vacant. |
| 13 | | Each vacancy shall be filled for the unexpired term by |
| 14 | | appointment in like manner, and with like regard as to the |
| 15 | | place of residence of the appointee, as in case of expiration |
| 16 | | of the term of a member of the Board. |
| 17 | | (Source: P.A. 96-1528, eff. 7-1-11.)
|
| 18 | | (70 ILCS 3605/23) (from Ch. 111 2/3, par. 323) |
| 19 | | Sec. 23. Regular meetings of the Board shall be held at |
| 20 | | least once in each calendar month, the time and place of such |
| 21 | | meetings to be fixed by the Board. Four members of the Board |
| 22 | | shall constitute a quorum for the transaction of business. All |
| 23 | | action of the Board shall be by ordinance or resolution and the |
| 24 | | affirmative vote of at least 4 four members shall be necessary |
| 25 | | for the adoption of any ordinance or resolution. All such |
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| 1 | | ordinances and resolutions before taking effect shall be |
| 2 | | approved by the chairman of the Board, and if he shall approve |
| 3 | | thereof he shall sign the same, and such as he shall not |
| 4 | | approve he shall return to the Board with his objections |
| 5 | | thereto in writing at the next regular meeting of the Board |
| 6 | | occurring after the passage thereof. But in case the chairman |
| 7 | | shall fail to return any ordinance or resolution with his |
| 8 | | objections thereto by the time aforesaid, he shall be deemed |
| 9 | | to have approved the same and it shall take effect |
| 10 | | accordingly. Upon the return of any ordinance or resolution by |
| 11 | | the chairman with his objections, the vote by which the same |
| 12 | | was passed shall be reconsidered by the Board, and if upon such |
| 13 | | reconsideration said ordinance or resolution is passed by the |
| 14 | | affirmative vote of at least 5 five members, it shall go into |
| 15 | | effect notwithstanding the veto of the chairman. All |
| 16 | | ordinances, resolutions and all proceedings of the Authority |
| 17 | | and all documents and records in its possession shall be |
| 18 | | public records, and open to public inspection, except such |
| 19 | | documents and records as shall be kept or prepared by the Board |
| 20 | | for use in negotiations, action or proceedings to which the |
| 21 | | Authority is a party. |
| 22 | | Open meetings of the Board shall be broadcast to the |
| 23 | | public and maintained in real-time on the Board's website |
| 24 | | using a high-speed Internet connection. Recordings of each |
| 25 | | meeting broadcast shall be posted to the Board's website |
| 26 | | within a reasonable time after the meeting and shall be |
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| 1 | | maintained as public records to the extent practicable, as |
| 2 | | determined by the Board. Compliance with the provisions of |
| 3 | | this amendatory Act of the 98th General Assembly does not |
| 4 | | relieve the Board of its obligations under the Open Meetings |
| 5 | | Act. |
| 6 | | (Source: P.A. 98-1139, eff. 6-1-15.)
|
| 7 | | (70 ILCS 3605/27) (from Ch. 111 2/3, par. 327) |
| 8 | | Sec. 27. The Board may appoint an Executive Director with |
| 9 | | the advice and consent of the Board of the Northern Illinois |
| 10 | | Transit Authority. The Executive Director shall have |
| 11 | | demonstrated experience with one or more of the following |
| 12 | | areas: (i) public transportation system operations; (ii) |
| 13 | | infrastructure capital project management; or (iii) legal or |
| 14 | | human resource management for a public agency. The Executive |
| 15 | | Director shall also meet any qualifications that may be set, |
| 16 | | by ordinance, by the Northern Illinois Transit Authority. The |
| 17 | | Chair of the Board of the Northern Illinois Transit Authority |
| 18 | | and the Executive Director of the Northern Illinois Transit |
| 19 | | Authority shall be included in the process for choosing the |
| 20 | | Executive Director of the Authority, including membership in |
| 21 | | any search committee. The Executive Director who shall be a |
| 22 | | person of recognized ability and experience in the operation |
| 23 | | of transportation systems and shall to hold office during the |
| 24 | | pleasure of the Board. The Executive Director shall have |
| 25 | | management of the properties and business of the Authority and |
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| 1 | | the employees thereof, subject to the general control of the |
| 2 | | Board, shall direct the enforcement of all ordinances, |
| 3 | | resolutions, rules, and regulations of the Board, and shall |
| 4 | | perform such other duties and powers as may be prescribed from |
| 5 | | time to time by the Board Northern Illinois Transit Authority |
| 6 | | in an ordinance describing the position's role, powers, and |
| 7 | | responsibilities. The Board may appoint a General Counsel and |
| 8 | | a Chief Engineer, and shall provide for the appointment of |
| 9 | | other officers, attorneys, engineers, consultants, agents and |
| 10 | | employees as may be necessary for the construction, extension, |
| 11 | | operation, maintenance, and policing of its properties. It |
| 12 | | shall define their duties and require bonds of such of them as |
| 13 | | the Board may designate. The Executive Director, General |
| 14 | | Counsel, Chief Engineer, and all other officers provided for |
| 15 | | pursuant to this section shall be exempt from taking and |
| 16 | | subscribing to any oath of office. The compensation of the |
| 17 | | Executive Director, General Counsel, Chief Engineer, and all |
| 18 | | other officers, attorneys, consultants, agents and employees |
| 19 | | shall be fixed by the Board. |
| 20 | | In the policing of its properties the Board may provide |
| 21 | | for the appointment and maintenance, from time to time, of |
| 22 | | such police force as it may find necessary and practicable to |
| 23 | | aid and supplement the police forces of any municipality in |
| 24 | | the protection of its property and the protection of the |
| 25 | | persons and property of its passengers and employees, or |
| 26 | | otherwise in furtherance of the purposes for which such |
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| 1 | | Authority was organized. The members of such police force |
| 2 | | shall have and exercise like police powers to those conferred |
| 3 | | upon the police of cities. Neither the Authority, the members |
| 4 | | of its Board nor its officers or employees shall be held liable |
| 5 | | for failure to provide a security or police force or, if a |
| 6 | | security or police force is provided, for failure to provide |
| 7 | | adequate police protection or security, failure to prevent the |
| 8 | | commission of crimes by fellow passengers or other third |
| 9 | | persons or for the failure to apprehend criminals. |
| 10 | | (Source: P.A. 84-939; 87-597.)
|
| 11 | | (70 ILCS 3605/28) (from Ch. 111 2/3, par. 328) |
| 12 | | Sec. 28. The Board shall classify all the offices, |
| 13 | | positions and grades of regular and exempt employment |
| 14 | | required, excepting that of the Chairman of the Board, the |
| 15 | | Executive Director, Secretary, Treasurer, General Counsel, and |
| 16 | | Chief Engineer, with reference to the duties, job title, job |
| 17 | | schedule number, and the compensation fixed therefor, and |
| 18 | | adopt rules governing appointments to any of such offices or |
| 19 | | positions on the basis of merit and efficiency. The job title |
| 20 | | shall be generally descriptive of the duties performed in that |
| 21 | | job, and the job schedule number shall be used to identify a |
| 22 | | job title and to further classify positions within a job |
| 23 | | title. No unlawful discrimination, as defined and prohibited |
| 24 | | in the Illinois Human Rights Act, shall be made in any term or |
| 25 | | aspect of employment. There shall not be discrimination based |
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| 1 | | upon political reasons or factors. No discrimination shall be |
| 2 | | made in any appointment or promotion to any office, position, |
| 3 | | or grade of regular employment because of race, creed, color, |
| 4 | | sex, national origin, physical or mental disability unrelated |
| 5 | | to ability, or political or religious affiliations. No officer |
| 6 | | or employee in regular employment shall be discharged or |
| 7 | | demoted except for cause which is detrimental to the service. |
| 8 | | Any officer or employee in regular employment who is |
| 9 | | discharged or demoted may file a complaint in writing with the |
| 10 | | Board within ten days after notice of his or her discharge or |
| 11 | | demotion. If an employee is a member of a labor organization |
| 12 | | the complaint may be filed by such organization for and on in |
| 13 | | behalf of such employee. The Board shall grant a hearing on |
| 14 | | such complaint within thirty (30) days after it is filed. The |
| 15 | | time and place of the hearing shall be fixed by the Board and |
| 16 | | due notice thereof given to the complainant, the labor |
| 17 | | organization by or through which the complaint was filed and |
| 18 | | the Executive Director. The hearing shall be conducted by the |
| 19 | | Board, or any member thereof or any officers' committee or |
| 20 | | employees' committee appointed by the Board. The complainant |
| 21 | | may be represented by counsel. If the Board finds, or approves |
| 22 | | a finding of the member or committee appointed by the Board, |
| 23 | | that the complainant has been unjustly discharged or demoted, |
| 24 | | he or she shall be restored to his or her office or position |
| 25 | | with back pay. The decision of the Board shall be final and not |
| 26 | | subject to review. The Board may designate such offices, |
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| 1 | | positions, and grades of employment as exempt as it deems |
| 2 | | necessary for the efficient operation of the business of the |
| 3 | | Authority. The total number of employees occupying exempt |
| 4 | | offices, positions, or grades of employment may not exceed 3% |
| 5 | | of the total employment of the Authority. All exempt offices, |
| 6 | | positions, and grades of employment shall be at will. No |
| 7 | | unlawful discrimination, as defined and prohibited in the |
| 8 | | Illinois Human Rights Act, shall be made in any term or aspect |
| 9 | | of employment. There shall not be discrimination based upon |
| 10 | | political reasons or factors. No discrimination shall be made |
| 11 | | in any appointment or promotion to any office, position, or |
| 12 | | grade of exempt employment because of race, creed, color, sex, |
| 13 | | national origin, physical or mental disability unrelated to |
| 14 | | ability, or religious or political affiliation. The Board may |
| 15 | | abolish any vacant or occupied office or position. |
| 16 | | Additionally, the Board may reduce the force of employees for |
| 17 | | lack of work or lack of funds as determined by the Board. When |
| 18 | | the number of positions or employees holding positions of |
| 19 | | regular employment within a particular job title and job |
| 20 | | schedule number are reduced, those employees with the least |
| 21 | | company seniority in that job title and job schedule number |
| 22 | | shall be first released from regular employment service. For a |
| 23 | | period of one year, an employee released from service shall be |
| 24 | | eligible for reinstatement to the job title and job schedule |
| 25 | | number from which he or she was released, in order of company |
| 26 | | seniority, if additional force of employees is required. |
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| 1 | | "Company seniority" as used in this Section means the overall |
| 2 | | employment service credited to an employee by the Authority |
| 3 | | since the employee's most recent date of hire irrespective of |
| 4 | | job titles held. If 2 or more employees have the same company |
| 5 | | seniority date, time in the affected job title and job |
| 6 | | schedule number shall be used to break the company seniority |
| 7 | | tie. For purposes of this Section, company seniority shall be |
| 8 | | considered a working condition. When employees are represented |
| 9 | | by a labor organization that has a labor agreement with the |
| 10 | | Authority, the wages, hours, and working conditions |
| 11 | | (including, but not limited to, seniority rights) shall be |
| 12 | | governed by the terms of the agreement. Exempt employment |
| 13 | | shall not include any employees who are represented by a labor |
| 14 | | organization that has a labor agreement with the Authority. |
| 15 | | No employee, officer, or agent of the Chicago Transit |
| 16 | | Board may receive a bonus that exceeds 10% of his or her annual |
| 17 | | salary unless that bonus has been reviewed for a period of 14 |
| 18 | | days by the Northern Illinois Transit Regional Transportation |
| 19 | | Authority Board. After 14 days, the bonus shall be considered |
| 20 | | reviewed. This Section does not apply to usual and customary |
| 21 | | salary adjustments. |
| 22 | | (Source: P.A. 98-1027, eff. 1-1-15; 99-143, eff. 7-27-15.)
|
| 23 | | (70 ILCS 3605/28a) (from Ch. 111 2/3, par. 328a) |
| 24 | | Sec. 28a. (a) The Board may deal with and enter into |
| 25 | | written contracts with the employees of the Authority through |
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| 1 | | accredited representatives of such employees or |
| 2 | | representatives of any labor organization authorized to act |
| 3 | | for such employees, concerning wages, salaries, hours, working |
| 4 | | conditions and pension or retirement provisions; provided, |
| 5 | | nothing herein shall be construed to permit hours of labor in |
| 6 | | excess of those provided by law or to permit working |
| 7 | | conditions prohibited by law. In case of dispute over wages, |
| 8 | | salaries, hours, working conditions, or pension or retirement |
| 9 | | provisions the Board may arbitrate any question or questions |
| 10 | | and may agree with such accredited representatives or labor |
| 11 | | organization that the decision of a majority of any |
| 12 | | arbitration board shall be final, provided each party shall |
| 13 | | agree in advance to pay half of the expense of such |
| 14 | | arbitration. |
| 15 | | No contract or agreement shall be made with any labor |
| 16 | | organization, association, group or individual for the |
| 17 | | employment of members of such organization, association, group |
| 18 | | or individual for the construction, improvement, maintenance, |
| 19 | | operation or administration of any property, plant or |
| 20 | | facilities under the jurisdiction of the Authority, where such |
| 21 | | organization, association, group or individual denies on the |
| 22 | | ground of race, creed, color, sex, religion, physical or |
| 23 | | mental disability unrelated to ability, or national origin |
| 24 | | membership and equal opportunities for employment to any |
| 25 | | citizen of Illinois. |
| 26 | | (b)(1) The provisions of this paragraph (b) apply to |
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| 1 | | collective bargaining agreements (including extensions and |
| 2 | | amendments of existing agreements) entered into on or after |
| 3 | | January 1, 1984. |
| 4 | | (2) The Board shall deal with and enter into written |
| 5 | | contracts with their employees, through accredited |
| 6 | | representatives of such employees authorized to act for such |
| 7 | | employees concerning wages, salaries, hours, working |
| 8 | | conditions, and pension or retirement provisions about which a |
| 9 | | collective bargaining agreement has been entered prior to the |
| 10 | | effective date of this amendatory Act of 1983. Any such |
| 11 | | agreement of the Authority shall provide that the agreement |
| 12 | | may be reopened if the amended budget submitted pursuant to |
| 13 | | Section 2.18a of the Northern Illinois Transit Regional |
| 14 | | Transportation Authority Act is not approved by the Board of |
| 15 | | the Northern Illinois Transit Regional Transportation |
| 16 | | Authority. The agreement may not include a provision requiring |
| 17 | | the payment of wage increases based on changes in the Consumer |
| 18 | | Price Index. The Board shall not have the authority to enter |
| 19 | | into collective bargaining agreements with respect to inherent |
| 20 | | management rights, which include such areas of discretion or |
| 21 | | policy as the functions of the employer, standards of |
| 22 | | services, its overall budget, the organizational structure and |
| 23 | | selection of new employees and direction of personnel. |
| 24 | | Employers, however, shall be required to bargain collectively |
| 25 | | with regard to policy matters directly affecting wages, hours |
| 26 | | and terms and conditions of employment, as well as the impact |
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| 1 | | thereon upon request by employee representatives. To preserve |
| 2 | | the rights of employers and exclusive representatives which |
| 3 | | have established collective bargaining relationships or |
| 4 | | negotiated collective bargaining agreements prior to the |
| 5 | | effective date of this amendatory Act of 1983, employers shall |
| 6 | | be required to bargain collectively with regard to any matter |
| 7 | | concerning wages, hours or conditions of employment about |
| 8 | | which they have bargained prior to the effective date of this |
| 9 | | amendatory Act of 1983. |
| 10 | | (3) The collective bargaining agreement may not include a |
| 11 | | prohibition on the use of part-time operators on any service |
| 12 | | operated by or funded by the Board, except where prohibited by |
| 13 | | federal law. |
| 14 | | (4) Within 30 days of the signing of any such collective |
| 15 | | bargaining agreement, the Board shall determine the costs of |
| 16 | | each provision of the agreement, prepare an amended budget |
| 17 | | incorporating the costs of the agreement, and present the |
| 18 | | amended budget to the Board of the Northern Illinois Transit |
| 19 | | Regional Transportation Authority for its approval under |
| 20 | | Section 4.11 of the Northern Illinois Transit Regional |
| 21 | | Transportation Act. The Board of the Northern Illinois Transit |
| 22 | | Regional Transportation Authority may approve the amended |
| 23 | | budget by a supermajority an affirmative vote of 12 of its then |
| 24 | | Directors. If the budget is not approved by the Board of the |
| 25 | | Northern Illinois Transit Regional Transportation Authority, |
| 26 | | the agreement may be reopened and its terms may be |
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| 1 | | renegotiated. Any amended budget which may be prepared |
| 2 | | following renegotiation shall be presented to the Board of the |
| 3 | | Northern Illinois Transit Regional Transportation Authority |
| 4 | | for its approval in like manner. |
| 5 | | (Source: P.A. 99-143, eff. 7-27-15.)
|
| 6 | | (70 ILCS 3605/28d) |
| 7 | | Sec. 28d. Employment contracts. Except as otherwise |
| 8 | | provided in Section 28a, before the Chicago Transit Board may |
| 9 | | enter into or amend any employment contract in excess of |
| 10 | | $100,000, the Chicago Transit Board must submit that contract |
| 11 | | or amendment to the Northern Illinois Transit Regional |
| 12 | | Transportation Authority Board for review for a period of 14 |
| 13 | | days. After 14 days, the contract shall be considered |
| 14 | | reviewed. This Section applies only to contracts entered into |
| 15 | | or amended on or after the effective date of this amendatory |
| 16 | | Act of the 98th General Assembly. |
| 17 | | (Source: P.A. 98-1027, eff. 1-1-15.)
|
| 18 | | (70 ILCS 3605/31) (from Ch. 111 2/3, par. 331) |
| 19 | | Sec. 31. The Board shall have power to pass all ordinances |
| 20 | | and make all rules and regulations proper or necessary to |
| 21 | | regulate the use, operation and maintenance of its property |
| 22 | | and facilities, and to carry into effect the powers granted to |
| 23 | | the Authority, with such fines or penalties, including |
| 24 | | ordinances, rules, and regulations concerning the suspension |
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| 1 | | of riding privileges or confiscation of fare media under |
| 2 | | Section 2.40 of the Regional Transportation Authority Act, as |
| 3 | | may be deemed proper. No fine or penalty shall exceed $300.00, |
| 4 | | and no imprisonment shall exceed six (6) months for one |
| 5 | | offense. All fines and penalties shall be imposed by |
| 6 | | ordinances, which shall be published in a newspaper of general |
| 7 | | circulation published in the metropolitan area. No such |
| 8 | | ordinance shall take effect until ten days after its |
| 9 | | publication. |
| 10 | | (Source: P.A. 103-281, eff. 1-1-24.)
|
| 11 | | (70 ILCS 3605/33.10 new) |
| 12 | | Sec. 33.10. Budget and program. The Authority, subject to |
| 13 | | the powers of the Northern Illinois Transit Authority, shall, |
| 14 | | by ordinance, appropriate money to perform the Authority's |
| 15 | | purposes and provide for payment of debts and expenses of the |
| 16 | | Authority. Each year, as part of the process set forth in |
| 17 | | Section 4.11 of the Northern Illinois Transit Authority Act, |
| 18 | | the Authority shall prepare and publish a comprehensive annual |
| 19 | | budget and proposed 5-Year Capital Program document, and a |
| 20 | | financial plan for the 2 years thereafter describing the state |
| 21 | | of the Authority and presenting for the forthcoming fiscal |
| 22 | | year and the 2 following years the Authority's plans for such |
| 23 | | operations and capital expenditures as it intends to undertake |
| 24 | | and the means by which it intends to finance them. The proposed |
| 25 | | budget, financial plan, and 5-Year Capital Program shall be |
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| 1 | | based on the Northern Illinois Transit Authority's estimate of |
| 2 | | funds to be made available to the Board by or through the |
| 3 | | Authority and shall conform in all respects to the |
| 4 | | requirements established by the Northern Illinois Transit |
| 5 | | Authority. The proposed budget, financial plan, and 5-Year |
| 6 | | Capital Program shall contain a statement of the funds |
| 7 | | estimated to be on hand at the beginning of the fiscal year, |
| 8 | | the funds estimated to be received from all sources for the |
| 9 | | year and the funds estimated to be on hand at the end of the |
| 10 | | year. The fiscal year of the Authority shall be the same as the |
| 11 | | fiscal year of the Northern Illinois Transit Authority. The |
| 12 | | proposed budget, financial plan, and 5-Year Capital Program |
| 13 | | shall be included in the Northern Illinois Transit Authority's |
| 14 | | public hearings under Section 4.11 of the Northern Illinois |
| 15 | | Transit Authority Act. The budget, financial plan, and 5-Year |
| 16 | | Capital Program shall then be finalized by the Northern |
| 17 | | Illinois Transit Authority as provided in Section 4.11. The |
| 18 | | ordinance adopted by the Northern Illinois Transit Authority |
| 19 | | as provided in Section 4.11 shall appropriate the sums of |
| 20 | | money as are deemed necessary to defray all necessary expenses |
| 21 | | and obligations of the Authority, specifying purposes and the |
| 22 | | objects or programs for which appropriations are made and the |
| 23 | | amount appropriated for each object or program. Additional |
| 24 | | appropriations, transfers between items, and other changes in |
| 25 | | the ordinance that do not alter the basis upon which the |
| 26 | | balanced budget determination was made by the Board of the |
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| 1 | | Northern Illinois Transit Authority may be made from time to |
| 2 | | time by the Authority.
|
| 3 | | (70 ILCS 3605/38) (from Ch. 111 2/3, par. 338) |
| 4 | | Sec. 38. To assure modern, attractive transportation |
| 5 | | service the Board may establish a depreciation policy which |
| 6 | | makes provision for the continuous and prompt replacement of |
| 7 | | worn out and obsolete property and the Board may make |
| 8 | | provision for such depreciation of the property of the |
| 9 | | Authority as is not offset by current expenditures for |
| 10 | | maintenance, repairs and replacements under such rules and |
| 11 | | regulations as may be prescribed by the Board. The Board from |
| 12 | | time to time shall make a determination of the relationship |
| 13 | | between the service condition of the properties of the |
| 14 | | Authority and the then established depreciation rates and |
| 15 | | reserves and from time to time may make adjustments or |
| 16 | | modifications of such rates in such amounts as it may deem |
| 17 | | appropriate because of experienced and estimated consumption |
| 18 | | of service life of road, plant, and equipment. All |
| 19 | | depreciation policies shall be in accordance with such policy |
| 20 | | set by the Northern Illinois Transit Authority. |
| 21 | | (Source: Laws 1945, p. 1171.)
|
| 22 | | (70 ILCS 3605/42) (from Ch. 111 2/3, par. 342) |
| 23 | | Sec. 42. The Board may investigate all means of |
| 24 | | transportation and the management thereof, the enforcement of |
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| 1 | | its ordinances, rules and regulations, and the action, conduct |
| 2 | | and efficiency of all officers, agents and employees of the |
| 3 | | Authority. In the conduct of such investigations the Board may |
| 4 | | hold public hearings on its own motion, and shall do so on |
| 5 | | complaint or petition of any municipality which has adopted |
| 6 | | this Act or which has granted rights to the Authority by |
| 7 | | ordinance. Each member of the Board shall have power to |
| 8 | | administer oaths, and the Secretary, by order of the Board, |
| 9 | | shall issue subpoenas to secure the attendance and testimony |
| 10 | | of witnesses, and the production of books and papers relevant |
| 11 | | to such investigations and to any hearing before the Board or |
| 12 | | any member thereof or any officers' committee or employees' |
| 13 | | committee appointed by the Board to hear any complaint of an |
| 14 | | officer or employee who has been discharged or demoted. |
| 15 | | Any circuit court of this State, upon application of the |
| 16 | | Board, or any member thereof, may in its discretion compel the |
| 17 | | attendance of witnesses, the production of books and papers, |
| 18 | | and giving of testimony before the Board or before any member |
| 19 | | thereof or any officers' committee or employees' committee |
| 20 | | appointed by the Board, by attachment for contempt or |
| 21 | | otherwise in the same manner as the production of evidence may |
| 22 | | be compelled before the court. |
| 23 | | (Source: P.A. 83-334.)
|
| 24 | | (70 ILCS 3605/51.5 new) |
| 25 | | Sec. 51.5. Visitor paratransit service. |
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| 1 | | (a) Upon certifying that a person is eligible to receive |
| 2 | | complementary paratransit services under 49 CFR Part 37, |
| 3 | | Subpart F or within 10 business days after receiving a |
| 4 | | certified person's request for documentation of eligibility |
| 5 | | for those services, the Authority shall provide the person |
| 6 | | with documentation of the person's certification of |
| 7 | | eligibility for those services. |
| 8 | | (b) If a person provides the Authority with documentation |
| 9 | | of the person's certification of eligibility to receive |
| 10 | | complementary paratransit services under 49 CFR Part 37, |
| 11 | | Subpart F, then the Authority shall provide those services to |
| 12 | | the person within one business day after receiving the |
| 13 | | documentation. |
| 14 | | (c) The procedures used by the Authority to document a |
| 15 | | person's certification of eligibility for complementary |
| 16 | | paratransit services under 49 CFR Part 37, Subpart F shall not |
| 17 | | require the disclosure or recording of any specific |
| 18 | | information about an individual's disability.
|
| 19 | | (70 ILCS 3605/3 rep.) |
| 20 | | (70 ILCS 3605/4 rep.) |
| 21 | | (70 ILCS 3605/6.1 rep.) |
| 22 | | (70 ILCS 3605/8 rep.) |
| 23 | | (70 ILCS 3605/8.5 rep.) |
| 24 | | (70 ILCS 3605/10 rep.) |
| 25 | | (70 ILCS 3605/11.1 rep.) |
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| 1 | | (70 ILCS 3605/12 rep.) |
| 2 | | (70 ILCS 3605/13 rep.) |
| 3 | | (70 ILCS 3605/16 rep.) |
| 4 | | (70 ILCS 3605/17 rep.) |
| 5 | | (70 ILCS 3605/22 rep.) |
| 6 | | (70 ILCS 3605/27a rep.) |
| 7 | | (70 ILCS 3605/30 rep.) |
| 8 | | (70 ILCS 3605/32 rep.) |
| 9 | | (70 ILCS 3605/34 rep.) |
| 10 | | (70 ILCS 3605/44 rep.) |
| 11 | | (70 ILCS 3605/46 rep.) |
| 12 | | (70 ILCS 3605/47 rep.) |
| 13 | | (70 ILCS 3605/51 rep.) |
| 14 | | (70 ILCS 3605/52 rep.) |
| 15 | | Section 5-903. The Metropolitan Transit Authority Act is |
| 16 | | amended by repealing Sections 3, 4, 6.1, 8, 8.5, 10, 11.1, 12, |
| 17 | | 13, 16, 17, 22, 27a, 30, 32, 34, 44, 46, 47, 51, and 52.
|
| 18 | | Section 5-905. The Local Mass Transit District Act is |
| 19 | | amended by adding Sections 5.08 and 8.8 as follows:
|
| 20 | | (70 ILCS 3610/5.08 new) |
| 21 | | Sec. 5.08. Transit-supportive development and |
| 22 | | trail-supportive development. |
| 23 | | (a) As used in this Section: |
| 24 | | "Transit-supportive development" means residential, |
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| 1 | | commercial, and governmental facilities and supporting |
| 2 | | infrastructure improvements that are designed to facilitate |
| 3 | | access to and use of public transit or public trails and that |
| 4 | | are located within either (i) one-half mile of a public |
| 5 | | transportation station or (ii) one-eighth mile of a bus stop |
| 6 | | on a public transportation bus route. |
| 7 | | "Trail-supportive development" means residential, |
| 8 | | commercial, and governmental facilities, and supporting |
| 9 | | infrastructure improvements that are (i) located within |
| 10 | | one-quarter mile of a public trail and (ii) designed to |
| 11 | | facilitate access to and use of public transit or public |
| 12 | | trails. |
| 13 | | (b) The Board of Trustees of any Transit District may |
| 14 | | acquire, construct, own, operate, or maintain for public |
| 15 | | service transit-supportive developments and trail-supportive |
| 16 | | developments in the metropolitan region and may exercise all |
| 17 | | powers necessary or convenient to accomplish the purposes of |
| 18 | | this Section. |
| 19 | | (c) The Board of Trustees of any Transit District may |
| 20 | | acquire by purchase, condemnation, lease, gift, or otherwise |
| 21 | | any property and rights useful for its transit-supportive |
| 22 | | development purposes and may sell, lease, transfer, or convey |
| 23 | | any property or rights when no longer useful or to exchange the |
| 24 | | same for other property or rights that are useful for its |
| 25 | | purposes. |
| 26 | | (d) In addition to other powers provided in this |
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| 1 | | amendatory Act of the 104th General Assembly, the Board of |
| 2 | | Trustees of any Transit District may enter into contracts and |
| 3 | | agreements with governmental, not-for-profit, and for-profit |
| 4 | | entities for the development, construction, and operation of |
| 5 | | transit-supportive developments and trail-supportive |
| 6 | | developments. |
| 7 | | (e) The Board of Trustees of any Transit District shall |
| 8 | | have the continuing power to borrow money for (i) the purpose |
| 9 | | of acquiring, constructing, reconstructing, extending, or |
| 10 | | improving transit-supportive developments and |
| 11 | | trail-supportive developments or any part of those |
| 12 | | developments and (ii) the purpose of acquiring property and |
| 13 | | equipment useful for the construction, reconstruction, |
| 14 | | extension, improvement, or operation of its transit-supportive |
| 15 | | developments and trail-supportive developments or any part of |
| 16 | | those developments. |
| 17 | | (f) This Section does not exempt the Board of Trustees of |
| 18 | | any Transit District from complying with land use regulations |
| 19 | | applicable to the property involved in a transit-supportive |
| 20 | | development or trail-supportive development.
|
| 21 | | (70 ILCS 3610/8.8 new) |
| 22 | | Sec. 8.8. Visitor paratransit service. |
| 23 | | (a) Upon certifying that a person is eligible to receive |
| 24 | | complementary paratransit services under 49 CFR Part 37, |
| 25 | | Subpart F or within 10 business days after receiving a |
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| 1 | | certified person's request for documentation of eligibility |
| 2 | | for those services, a district shall provide the person with |
| 3 | | documentation of the person's certification of eligibility for |
| 4 | | those services. |
| 5 | | (b) If a person provides a district with documentation of |
| 6 | | the person's certification of eligibility to receive |
| 7 | | complementary paratransit services under 49 CFR Part 37, |
| 8 | | Subpart F, then the district shall provide those services to |
| 9 | | the person within one business day after receiving the |
| 10 | | documentation. |
| 11 | | (c) The procedures used by a district to document a |
| 12 | | person's certification of eligibility for complementary |
| 13 | | paratransit services under 49 CFR Part 37, Subpart F shall not |
| 14 | | require the disclosure or recording of any specific |
| 15 | | information about an individual's disability.
|
| 16 | | Section 5-910. The Regional Transportation Authority Act |
| 17 | | is amended by changing Sections 1.01, 1.02, 1.03, 2.01, 2.01a, |
| 18 | | 2.01b, 2.01c, 2.03, 2.04, 2.05, 2.07, 2.08, 2.09, 2.10, 2.10a, |
| 19 | | 2.12b, 2.14, 2.16, 2.18a, 2.19, 2.24, 2.30, 2.39, 2.40, 2.41, |
| 20 | | 3.01, 3.03, 3.04, 3.05, 3A.01, 3A.02, 3A.03, 3A.05, 3A.06, |
| 21 | | 3A.07, 3A.08, 3A.09, 3A.12, 3A.14, 3B.01, 3B.02, 3B.03, 3B.05, |
| 22 | | 3B.06, 3B.09, 3B.12, 3B.26, 4.01, 4.03, 4.03.3, 4.04, 4.06, |
| 23 | | 4.09, 4.11, 4.13, 4.14, 4.15, 5.03, 5.05, and 5.15 and by |
| 24 | | adding Sections 2.01f, 2.01g, 2.06.2, 2.10b, 2.11, 2.11.05, |
| 25 | | 2.11.10, 2.11.15, 2.11.20, 2.11.25, 2.11.30, 2.11.35, 2.43, |
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| 1 | | 2.44, 2.45, 2.46, 2.47, 2.48, 2.49, 2.50, 3.13, 3A.15.5, |
| 2 | | 3B.02.5, 3B.10.5, 3B.14.5, 3B.27, 3B.28, 3B.29 4.01b, 4.06.05, |
| 3 | | 5.17, 5.20, 5.25, 5.30, and 5.35 and Articles VI and VII as |
| 4 | | follows:
|
| 5 | | (70 ILCS 3615/1.01) (from Ch. 111 2/3, par. 701.01) |
| 6 | | Sec. 1.01. Short Title; references to Act. |
| 7 | | (a) This Act shall be known and may be cited as the |
| 8 | | Northern Illinois Transit "Regional Transportation Authority |
| 9 | | Act". |
| 10 | | (b) References to this Act. For the purposes of |
| 11 | | outstanding debt obligations and for other purposes, this Act |
| 12 | | may continue to be referred to as the Regional Transportation |
| 13 | | Authority Act. |
| 14 | | (Source: P.A. 78-3rd S.S.-5.)
|
| 15 | | (70 ILCS 3615/1.02) (from Ch. 111 2/3, par. 701.02) |
| 16 | | Sec. 1.02. Findings and Purpose. |
| 17 | | (a) The General Assembly finds; |
| 18 | | (1) (i) Public transportation is, as provided in |
| 19 | | Section 7 of Article XIII of the Illinois Constitution, an |
| 20 | | essential public purpose for which public funds may be |
| 21 | | expended and that Section authorizes the State to provide |
| 22 | | financial assistance to units of local government for |
| 23 | | distribution to providers of public transportation. There |
| 24 | | is an urgent need to reform and continue a unit of local |
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| 1 | | government to assure the proper management of public |
| 2 | | transportation and to receive and distribute State or |
| 3 | | federal operating assistance and to raise and distribute |
| 4 | | revenues for local operating assistance. System generated |
| 5 | | revenues are not adequate for such service and a public |
| 6 | | need exists to provide for, aid and assist public |
| 7 | | transportation in the northeastern area of the State, |
| 8 | | consisting of Cook, DuPage, Kane, Lake, McHenry and Will |
| 9 | | Counties. |
| 10 | | (2) (ii) Comprehensive and coordinated regional public |
| 11 | | transportation is essential to the public health, safety, |
| 12 | | and welfare. It is essential to economic well-being, |
| 13 | | maintenance of full employment, conservation of sources of |
| 14 | | energy and land for open space and reduction of traffic |
| 15 | | congestion and for providing and maintaining a healthful |
| 16 | | environment for the benefit of present and future |
| 17 | | generations in the metropolitan region. Public |
| 18 | | transportation improves the mobility of the public and |
| 19 | | improves access to jobs, commercial facilities, schools, |
| 20 | | and cultural attractions. Public transportation decreases |
| 21 | | air pollution and other environmental hazards resulting |
| 22 | | from excessive use of automobiles and allows for more |
| 23 | | efficient land use and planning. |
| 24 | | (3) Transportation in the metropolitan region is being |
| 25 | | threatened by (iii) Because system generated receipts are |
| 26 | | not presently adequate, public transportation facilities |
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| 1 | | and services in the northeastern area are in grave |
| 2 | | financial conditions condition. With existing methods of |
| 3 | | financing, coordination, structure, and management, the |
| 4 | | public transportation system is and relative convenience |
| 5 | | of automobiles, such public transportation facilities are |
| 6 | | not providing adequate public transportation to ensure |
| 7 | | insure the public health, safety, and welfare. |
| 8 | | (3.5) The COVID-19 pandemic caused unprecedented |
| 9 | | disruption in public transportation ridership and |
| 10 | | operations from which the service providers have yet to |
| 11 | | fully recover and the pandemic-related federal funding |
| 12 | | support for public transportation operations has expired. |
| 13 | | Although ridership levels continue to improve from the |
| 14 | | lowest levels observed during the pandemic, net ridership |
| 15 | | levels have not recovered to pre-pandemic levels. |
| 16 | | Furthermore, the system experienced persistent losses in |
| 17 | | ridership, service quality, and financial stability for |
| 18 | | many years before the pandemic. These systemic issues, |
| 19 | | combined with the changes in passenger behaviors, |
| 20 | | experiences, and commuting patterns since the pandemic, |
| 21 | | create conditions untenable to a sustainable and thriving |
| 22 | | public transportation system. |
| 23 | | (4) (iv) Additional commitments to the public |
| 24 | | transportation needs of persons with disabilities, the |
| 25 | | economically disadvantaged, and the elderly are necessary. |
| 26 | | Further, additional commitments to the public transit |
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| 1 | | needs of persons who currently reside in areas with |
| 2 | | limited, infrequent, or no public transit service are |
| 3 | | needed to eliminate existing public transit deserts and |
| 4 | | ensure that all residents of the metropolitan region have |
| 5 | | access to frequent, reliable, safe, and interconnected |
| 6 | | transit options. |
| 7 | | (5) (v) To solve these problems, it is necessary to |
| 8 | | provide for the creation and empowerment of the Northern |
| 9 | | Illinois Transit Authority a regional transportation |
| 10 | | authority with the powers necessary to insure adequate |
| 11 | | public transportation. |
| 12 | | |
| 13 | | (b) (Blank). The General Assembly further finds, in |
| 14 | | connection with this amendatory Act of 1983: |
| 15 | | (i) Substantial, recurring deficits in the operations |
| 16 | | of public transportation services subject to the |
| 17 | | jurisdiction of the Regional Transportation Authority and |
| 18 | | periodic cash shortages have occurred either of which |
| 19 | | could bring about a loss of public transportation services |
| 20 | | throughout the metropolitan region at any time; |
| 21 | | (ii) A substantial or total loss of public |
| 22 | | transportation services or any segment thereof would |
| 23 | | create an emergency threatening the safety and well-being |
| 24 | | of the people in the northeastern area of the State; and |
| 25 | | (iii) To meet the urgent needs of the people of the |
| 26 | | metropolitan region that such an emergency be averted and |
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| 1 | | to provide financially sound methods of managing the |
| 2 | | provision of public transportation services in the |
| 3 | | northeastern area of the State, it is necessary, while |
| 4 | | maintaining and continuing the existing Authority, to |
| 5 | | modify the powers and responsibilities of the Authority, |
| 6 | | to reallocate responsibility for operating decisions, to |
| 7 | | change the composition and appointment of the Board of |
| 8 | | Directors thereof, and to immediately establish a new |
| 9 | | Board of Directors. |
| 10 | | (c) (Blank). The General Assembly further finds in |
| 11 | | connection with this amendatory Act of the 95th General |
| 12 | | Assembly: |
| 13 | | (i) The economic vitality of northeastern Illinois |
| 14 | | requires regionwide and systemwide efforts to increase |
| 15 | | ridership on the transit systems, constrain road |
| 16 | | congestion within the metropolitan region, and allocate |
| 17 | | resources for transportation so as to assist in the |
| 18 | | development of an adequate, efficient, geographically |
| 19 | | equitable and coordinated regional transportation system |
| 20 | | that is in a state of good repair. |
| 21 | | (ii) To achieve the purposes of this amendatory Act of |
| 22 | | the 95th General Assembly, the powers and duties of the |
| 23 | | Authority must be enhanced to improve overall planning and |
| 24 | | coordination, to achieve an integrated and efficient |
| 25 | | regional transit system, to advance the mobility of |
| 26 | | transit users, and to increase financial transparency of |
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| 1 | | the Authority and the Service Boards. |
| 2 | | (d) It is the purpose of this Act to provide for, aid and |
| 3 | | assist public transportation in the northeastern area of the |
| 4 | | State without impairing the overall quality of existing public |
| 5 | | transportation by providing for the creation of a single |
| 6 | | authority responsive to the people and elected officials of |
| 7 | | the area and with the power and competence to develop, |
| 8 | | implement, and enforce plans that promote adequate, efficient, |
| 9 | | geographically equitable and coordinated public |
| 10 | | transportation, provide financial review of the providers of |
| 11 | | public transportation in the metropolitan region and |
| 12 | | facilitate public transportation provided by Service Boards |
| 13 | | which is attractive and economical to users, comprehensive, |
| 14 | | coordinated among its various elements, economical, safe, |
| 15 | | efficient and coordinated with area and State plans. |
| 16 | | (e) It is the intent of this Act to continue and maintain |
| 17 | | the existence of the Regional Transportation Authority, |
| 18 | | notwithstanding a change in its name and appointment powers |
| 19 | | and authorities, and is in no way intended to change, modify, |
| 20 | | or restrict the rights of existing Regional Transit Authority |
| 21 | | bondholders or to change or repeal the non-impairment covenant |
| 22 | | in the current Regional Transportation Authority legislation. |
| 23 | | (Source: P.A. 98-1027, eff. 1-1-15; 99-143, eff. 7-27-15.)
|
| 24 | | (70 ILCS 3615/1.03) (from Ch. 111 2/3, par. 701.03) |
| 25 | | Sec. 1.03. Definitions. As used in this Act: |
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| 1 | | "Authority" means the Northern Illinois Transit Authority |
| 2 | | (formerly the Regional Transportation Authority). ; |
| 3 | | "Board" means the Board of Directors of the Northern |
| 4 | | Illinois Transit Authority (formerly the Board of Directors of |
| 5 | | the Regional Transportation Authority). ; |
| 6 | | "Construct or acquire" means plan, design, construct, |
| 7 | | reconstruct, improve, modify, extend, landscape, expand or |
| 8 | | acquire. ; |
| 9 | | "Limited English proficient individual" means an |
| 10 | | individual who does not speak English as the individual's |
| 11 | | primary language and who has a limited ability to read, speak, |
| 12 | | write, or understand English. |
| 13 | | "Metropolitan Region" means all territory included within |
| 14 | | the territory of the Authority as provided in this Act, and |
| 15 | | such territory as may be annexed to the Authority. ; |
| 16 | | "Municipality", "County" and "Unit of Local Government" |
| 17 | | have the meanings given to such terms in Section 1 of Article |
| 18 | | VII of the Illinois Constitution. ; |
| 19 | | "Operate" means operate, maintain, administer, repair, |
| 20 | | promote and any other acts necessary or proper with regard to |
| 21 | | such matters. ; |
| 22 | | "Passenger miles traveled" means the cumulative sum of the |
| 23 | | distances ridden by each passenger. |
| 24 | | "Public Transportation" means the transportation or |
| 25 | | conveyance of persons within the metropolitan region by means |
| 26 | | 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 | | "Qualified interpreter" or "qualified translator" means an |
| 13 | | individual proficient in both English and the non-English |
| 14 | | language used by the limited English proficient individual, |
| 15 | | with demonstrated ability to interpret or translate accurately |
| 16 | | and impartially. |
| 17 | | "Service Boards" means the Board of the Commuter Rail |
| 18 | | Division of the Authority, the Board of the Suburban Bus |
| 19 | | Division of the Authority, and the Board of the Chicago |
| 20 | | Transit Authority established pursuant to the Chicago Transit |
| 21 | | Authority Act "Metropolitan Transit Authority Act", approved |
| 22 | | April 12, 1945, as now or hereafter amended. |
| 23 | | "Service standards" means quantitative and qualitative |
| 24 | | attributes of public transit service as well as the |
| 25 | | appropriate level of service to be provided across the |
| 26 | | metropolitan region. |
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| 1 | | "Supermajority vote" means the affirmative vote of: |
| 2 | | (1) until July 1, 2026, 12 of the Authority's then |
| 3 | | Directors; or |
| 4 | | (2) beginning July 1, 2026, 12 of the Authority's then |
| 5 | | Directors if there are: |
| 6 | | (A) at least 2 affirmative votes from Directors |
| 7 | | appointed under subsection (a) of Section 3.01; |
| 8 | | (B) at least 2 affirmative votes from Directors |
| 9 | | appointed under subsection (a-5) of Section 3.01; |
| 10 | | (C) at least 2 affirmative votes from Directors |
| 11 | | appointed under subsection (b) of Section 3.01; and |
| 12 | | (D) at least 2 affirmative votes from Directors |
| 13 | | appointed under subsection (b-5) of Section 3.01. |
| 14 | | "Transportation Agency" means any individual, firm, |
| 15 | | partnership, corporation, association, body politic, municipal |
| 16 | | corporation, public authority, unit of local government or |
| 17 | | other person, other than the Authority and the Service Boards, |
| 18 | | which provides public transportation, any local mass transit |
| 19 | | district created pursuant to the "Local Mass Transit District |
| 20 | | Act", as now or hereafter amended, and any urban |
| 21 | | transportation district created pursuant to the "Urban |
| 22 | | Transportation District Act", as now or hereafter amended, |
| 23 | | which districts are located in whole or in part within the |
| 24 | | metropolitan region. |
| 25 | | "Unlinked passenger trips" means the number of passengers |
| 26 | | who board public transportation vehicles. Passengers are |
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| 1 | | counted each time they board vehicles no matter how many |
| 2 | | vehicles they use to travel from their origin to destination. |
| 3 | | "Vehicle revenue hours" means the hours that vehicles are |
| 4 | | scheduled to or actually travel while in revenue service. |
| 5 | | "Vehicle revenue hours" includes layover or recovery time. |
| 6 | | "Vehicle revenue hours" does not include deadhead, operator |
| 7 | | training, vehicle maintenance testing, and other non-revenue |
| 8 | | uses of vehicles. |
| 9 | | "Vehicle revenue miles" means the miles that vehicles are |
| 10 | | scheduled to or actually travel while in revenue service. |
| 11 | | "Vehicle revenue miles" includes distances traveled during |
| 12 | | layover or recovery time. "Vehicle revenue miles" does not |
| 13 | | include deadhead, operator training, vehicle maintenance |
| 14 | | testing, and other non-revenue uses of vehicles. |
| 15 | | "Vital documents" means materials critical for obtaining |
| 16 | | services or understanding rider rights, including fare |
| 17 | | schedules, safety information, service announcements, and |
| 18 | | notices of rights or responsibilities. |
| 19 | | (Source: P.A. 83-885; 83-886.)
|
| 20 | | (70 ILCS 3615/2.01) (from Ch. 111 2/3, par. 702.01) |
| 21 | | Sec. 2.01. General Allocation of Responsibility for Public |
| 22 | | Transportation. |
| 23 | | (a) In order to accomplish the purposes as set forth in |
| 24 | | this Act, the responsibility for planning, operating, and |
| 25 | | funding public transportation in the metropolitan region shall |
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| 1 | | be allocated as described in this Act. The Authority shall: |
| 2 | | (i) create and adopt plans that implement the public |
| 3 | | policy of the State to provide adequate, efficient, |
| 4 | | geographically equitable and coordinated public |
| 5 | | transportation throughout the metropolitan region; |
| 6 | | (ii) set goals, objectives, and standards for the |
| 7 | | Authority, the Service Boards, and Transportation Agencies |
| 8 | | transportation agencies; |
| 9 | | (iii) develop and use service standards and |
| 10 | | performance standards to objectively and transparently |
| 11 | | determine the level, nature, and kinds of public |
| 12 | | transportation that should be provided throughout the |
| 13 | | metropolitan region performance measures to inform the |
| 14 | | public about the extent to which the provision of public |
| 15 | | transportation in the metropolitan region meets those |
| 16 | | goals, objectives, and standards; |
| 17 | | (iv) budget and allocate operating and capital funds |
| 18 | | made available to support public transportation in the |
| 19 | | metropolitan region; |
| 20 | | (v) provide financial oversight of the Service Boards; |
| 21 | | and |
| 22 | | (vi) coordinate the provision of public transportation |
| 23 | | and the investment in public transportation facilities to |
| 24 | | enhance the integration of public transportation |
| 25 | | throughout the metropolitan region, all as provided in |
| 26 | | this Act; . |
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| 1 | | (vii) set fares and plan, procure, and operate an |
| 2 | | integrated fare collection system; |
| 3 | | (viii) conduct operations, service, and capital |
| 4 | | planning; |
| 5 | | (ix) provide design and construction oversight of |
| 6 | | capital projects; |
| 7 | | (x) be responsible for ensuring that public |
| 8 | | transportation service in the metropolitan region complies |
| 9 | | with Title VI of the Civil Rights Act of 1964; and |
| 10 | | (xi) subject to applicable land use laws, develop or |
| 11 | | participate in residential and commercial development on |
| 12 | | and in the vicinity of public transportation stations and |
| 13 | | routes as deemed necessary to facilitate |
| 14 | | transit-supportive land uses, increase public |
| 15 | | transportation ridership, generate revenue, and improve |
| 16 | | access to jobs and other opportunities in the metropolitan |
| 17 | | region by public transportation. |
| 18 | | The Service Boards shall, on a continuing basis provide |
| 19 | | for the metropolitan region public transportation service of |
| 20 | | determine the level, nature, and kind determined by the |
| 21 | | Authority of public transportation which should be provided |
| 22 | | for the metropolitan region in order to meet the plans, goals, |
| 23 | | objectives, and standards adopted by the Authority. The |
| 24 | | Service Boards may provide public transportation by purchasing |
| 25 | | such service from Transportation Agencies transportation |
| 26 | | agencies through purchase of service agreements, by grants to |
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| 1 | | such agencies or by operating such service, all pursuant to |
| 2 | | this Act and the Chicago Transit Authority Act "Metropolitan |
| 3 | | Transit Authority Act", as now or hereafter amended. Certain |
| 4 | | of its actions to implement the responsibilities allocated to |
| 5 | | the Authority in this subsection (a) shall be taken in 3 public |
| 6 | | documents adopted by a supermajority the affirmative vote of |
| 7 | | at least 12 of its then Directors: a A Strategic Plan; a 5-Year |
| 8 | | Five-Year Capital Program; and an Annual Budget and 2-Year |
| 9 | | Two-Year Financial Plan. |
| 10 | | The Authority has ultimate responsibility for providing |
| 11 | | the metropolitan region with a high-quality public |
| 12 | | transportation system and, subject to the requirements of this |
| 13 | | Act and applicable law and agreements, shall have the final |
| 14 | | responsibility for allocating duties among the Service Boards |
| 15 | | and between the Service Boards and the Authority itself. |
| 16 | | Nothing in this Act shall prevent the Authority from |
| 17 | | delegating to the Service Boards powers and duties in addition |
| 18 | | to those expressly assigned to the Service Boards under this |
| 19 | | Act. |
| 20 | | (b) The Authority shall subject the operating and capital |
| 21 | | plans and expenditures of the Service Boards in the |
| 22 | | metropolitan region with regard to public transportation to |
| 23 | | continuing review so that the Authority may budget and expend |
| 24 | | its funds with maximum effectiveness and efficiency. The |
| 25 | | Authority shall conduct audits of each of the Service Boards |
| 26 | | no less than every 5 years. Such audits shall may include |
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| 1 | | management, performance, financial, and infrastructure |
| 2 | | condition audits. The Authority may conduct management, |
| 3 | | performance, financial, and infrastructure condition audits of |
| 4 | | Transportation Agencies transportation agencies that receive |
| 5 | | funds from the Authority. The Authority may direct a Service |
| 6 | | Board to conduct any such audit of a Transportation Agency |
| 7 | | transportation agency that receives funds from such Service |
| 8 | | Board, and the Service Board shall comply with such request to |
| 9 | | the extent it has the right to do so. These audits of the |
| 10 | | Service Boards or Transportation Agencies transportation |
| 11 | | agencies may be project or service specific audits to evaluate |
| 12 | | their achievement of the goals and objectives of that project |
| 13 | | or service and their compliance with any applicable |
| 14 | | requirements. |
| 15 | | The Authority shall have ready access at any time to |
| 16 | | information regarding Service Board operations and has the |
| 17 | | right to demand and receive information from a Service Board |
| 18 | | concerning any aspect of the Service Board's operations at any |
| 19 | | time. |
| 20 | | (Source: P.A. 98-1027, eff. 1-1-15.)
|
| 21 | | (70 ILCS 3615/2.01a) |
| 22 | | Sec. 2.01a. Strategic Plan. |
| 23 | | (a) By a supermajority the affirmative vote of at least 12 |
| 24 | | of its then Directors, the Authority shall adopt a Strategic |
| 25 | | Plan, no less than every 5 years, after consultation with the |
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| 1 | | Service Boards and after holding a minimum of 3 public |
| 2 | | hearings in Cook County, at least one of which shall be held in |
| 3 | | the City of Chicago, and one public hearing in each of the |
| 4 | | other counties in the region. The Executive Director of the |
| 5 | | Authority shall review the Strategic Plan on an ongoing basis |
| 6 | | and make recommendations to the Board of the Authority with |
| 7 | | respect to any update or amendment of the Strategic Plan. The |
| 8 | | Strategic Plan shall describe the specific actions to be taken |
| 9 | | by the Authority and the Service Boards to provide adequate, |
| 10 | | efficient, and coordinated public transportation. |
| 11 | | (b) The Strategic Plan shall identify goals and objectives |
| 12 | | with respect to: |
| 13 | | (i) increasing ridership and passenger miles on public |
| 14 | | transportation funded by the Authority; |
| 15 | | (ii) increasing per capita transit ridership and the |
| 16 | | share of trips taken by transit in the region; |
| 17 | | (iii) using public transportation to reduce greenhouse |
| 18 | | gas and other emissions from the transportation sector; |
| 19 | | (iv) (ii) coordination of public transportation |
| 20 | | services and the investment in public transportation |
| 21 | | facilities to enhance the integration of public |
| 22 | | transportation throughout the metropolitan region; |
| 23 | | (v) (iii) coordination of fare and transfer policies |
| 24 | | to promote transfers by riders among Service Boards, |
| 25 | | Transportation Agencies transportation agencies, and |
| 26 | | public transportation modes, which may include goals and |
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| 1 | | objectives for development of a universal fare instrument |
| 2 | | that riders may use interchangeably on all public |
| 3 | | transportation funded by the Authority, and methods to be |
| 4 | | used to allocate revenues from transfers; |
| 5 | | (vi) (iv) improvements in public transportation |
| 6 | | facilities to bring those facilities into a state of good |
| 7 | | repair, enhancements that attract ridership and improve |
| 8 | | customer service, and expansions needed to serve areas |
| 9 | | with sufficient demand for public transportation; |
| 10 | | (vii) (v) access for transit-dependent populations, |
| 11 | | including low-income communities, seniors, students, and |
| 12 | | people with disabilities access by low-income communities |
| 13 | | to places of employment, utilizing analyses provided by |
| 14 | | the Chicago Metropolitan Agency for Planning regarding |
| 15 | | employment and transportation availability, and giving |
| 16 | | consideration to the location of employment centers in |
| 17 | | each county and the availability of public transportation |
| 18 | | at off-peak hours and on weekends; |
| 19 | | (viii) access by low-income communities to places of |
| 20 | | employment, using analyses provided by the Chicago |
| 21 | | Metropolitan Agency for Planning regarding employment and |
| 22 | | transportation availability, and giving consideration to |
| 23 | | the location of employment centers in each county and the |
| 24 | | availability of public transportation at off-peak hours |
| 25 | | and on weekends; |
| 26 | | (ix) (vi) the financial viability of the public |
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| 1 | | transportation system, including both operating and |
| 2 | | capital programs; |
| 3 | | (vii) limiting road congestion within the metropolitan |
| 4 | | region and enhancing transit options to improve mobility; |
| 5 | | and |
| 6 | | (x) improving roadway operations within the |
| 7 | | metropolitan region to enhance transit options and to |
| 8 | | improve mobility; |
| 9 | | (xi) land use policies, practices, and incentives that |
| 10 | | make more effective use of public transportation services |
| 11 | | and facilities as community assets and encourage locating |
| 12 | | the siting of businesses, homes, and public facilities |
| 13 | | near public transportation services and facilities to |
| 14 | | provide convenient and affordable travel for residents, |
| 15 | | customers, and employees in the metropolitan region; |
| 16 | | (xii) policies, practices, and incentives that will |
| 17 | | better integrate public transportation with other active |
| 18 | | modes of transportation; and |
| 19 | | (xiii) (viii) such other goals and objectives that |
| 20 | | advance the policy of the State to provide adequate, |
| 21 | | efficient, geographically equitable and coordinated public |
| 22 | | transportation in the metropolitan region. |
| 23 | | (c) The Strategic Plan shall establish the process and |
| 24 | | criteria by which proposals for capital improvements by the |
| 25 | | Authority, a Service Board, or a Transportation Agency |
| 26 | | transportation agency will be evaluated by the Authority for |
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| 1 | | inclusion, as proposed or with modifications, in the 5-Year |
| 2 | | Five-Year Capital Program, which shall be in accordance with |
| 3 | | the prioritization process set forth in Section 2.39. |
| 4 | | Proposals for capital improvements may include criteria for: |
| 5 | | (i) allocating funds among maintenance, enhancement, |
| 6 | | and expansion improvements; |
| 7 | | (ii) projects to be funded from the Innovation, |
| 8 | | Coordination, and Enhancement Fund; |
| 9 | | (iii) projects intended to improve or enhance |
| 10 | | ridership or customer service; |
| 11 | | (iv) design and location of station or transit |
| 12 | | improvements intended to promote transfers, increase |
| 13 | | ridership, and support transit-oriented land development; |
| 14 | | (v) assessing the impact of projects on the ability to |
| 15 | | operate and maintain the existing transit system; and |
| 16 | | (vi) other criteria that advance the goals and |
| 17 | | objectives of the Strategic Plan. |
| 18 | | (d) The Strategic Plan shall establish performance |
| 19 | | standards and measurements regarding the adequacy, efficiency, |
| 20 | | geographic equity and coordination of public transportation |
| 21 | | services in the region and the implementation of the goals and |
| 22 | | objectives in the Strategic Plan. At a minimum, such standards |
| 23 | | and measures shall include customer-related performance data |
| 24 | | measured by line, route, or sub-region, as determined by the |
| 25 | | Authority, on the following: |
| 26 | | (i) travel times and on-time performance; |
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| 1 | | (ii) ridership data; |
| 2 | | (iii) equipment failure rates; |
| 3 | | (iv) employee and customer safety; and |
| 4 | | (v) crowding; |
| 5 | | (vi) cleanliness of vehicles and stations; |
| 6 | | (vii) service productivity; and |
| 7 | | (viii) (v) customer satisfaction. |
| 8 | | The Service Boards and transportation agencies that |
| 9 | | receive funding from the Authority or Service Boards shall |
| 10 | | prepare, publish, and submit to the Authority such reports |
| 11 | | with regard to these standards and measurements in the |
| 12 | | frequency and form required by the Authority; however, the |
| 13 | | frequency of such reporting shall be no less than annual. The |
| 14 | | Service Boards shall publish such reports on their respective |
| 15 | | websites. The Authority shall compile and publish such reports |
| 16 | | on its website. Such performance standards and measures shall |
| 17 | | not be used as the basis for disciplinary action against any |
| 18 | | employee of the Authority or Service Boards, except to the |
| 19 | | extent the employment and disciplinary practices of the |
| 20 | | Authority or Service Board provide for such action. |
| 21 | | (e) The Strategic Plan shall identify innovations to |
| 22 | | improve the delivery of public transportation and the |
| 23 | | construction of public transportation facilities. |
| 24 | | (f) The Strategic Plan shall describe the expected |
| 25 | | financial condition of public transportation in the |
| 26 | | metropolitan region prospectively over a 10-year period, which |
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| 1 | | may include information about the cash position and all known |
| 2 | | obligations of the Authority and the Service Boards including |
| 3 | | operating expenditures, debt service, contributions for |
| 4 | | payment of pension and other post-employment benefits, the |
| 5 | | expected revenues from fares, tax receipts, grants from the |
| 6 | | federal, State, and local governments for operating and |
| 7 | | capital purposes and issuance of debt, the availability of |
| 8 | | working capital, and the resources needed to achieve the goals |
| 9 | | and objectives described in the Strategic Plan. |
| 10 | | (g) In developing the Strategic Plan, the Authority shall |
| 11 | | rely on such demographic and other data, forecasts, and |
| 12 | | assumptions developed by the Chicago Metropolitan Agency for |
| 13 | | Planning with respect to the patterns of population density |
| 14 | | and growth, projected commercial and residential development, |
| 15 | | and environmental factors, within the metropolitan region and |
| 16 | | in areas outside the metropolitan region that may impact |
| 17 | | public transportation utilization in the metropolitan region. |
| 18 | | The Authority shall also consult with the Illinois Department |
| 19 | | of Transportation's Office of Planning and Programming when |
| 20 | | developing the Strategic Plan. Before adopting or amending any |
| 21 | | Strategic Plan, the Authority shall consult with the Chicago |
| 22 | | Metropolitan Agency for Planning regarding the consistency of |
| 23 | | the Strategic Plan with the Regional Comprehensive Plan |
| 24 | | adopted pursuant to the Regional Planning Act. |
| 25 | | (h) The Authority may adopt, by a supermajority the |
| 26 | | affirmative vote of at least 12 of its then Directors, |
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| 1 | | sub-regional or corridor plans for specific geographic areas |
| 2 | | of the metropolitan region in order to improve the adequacy, |
| 3 | | efficiency, geographic equity and coordination of existing, or |
| 4 | | the delivery of new, public transportation. Such plans may |
| 5 | | also address areas outside the metropolitan region that may |
| 6 | | impact public transportation utilization in the metropolitan |
| 7 | | region. In preparing a sub-regional or corridor plan, the |
| 8 | | Authority may identify changes in operating practices or |
| 9 | | capital investment in the sub-region or corridor that could |
| 10 | | increase ridership, reduce costs, improve coordination, or |
| 11 | | enhance transit-oriented development. The Authority shall |
| 12 | | consult with any affected Service Boards in the preparation of |
| 13 | | any sub-regional or corridor plans. |
| 14 | | (i) (Blank). If the Authority determines, by the |
| 15 | | affirmative vote of at least 12 of its then Directors, that, |
| 16 | | with respect to any proposed new public transportation service |
| 17 | | or facility, (i) multiple Service Boards or transportation |
| 18 | | agencies are potential service providers and (ii) the public |
| 19 | | transportation facilities to be constructed or purchased to |
| 20 | | provide that service have an expected construction cost of |
| 21 | | more than $25,000,000, the Authority shall have sole |
| 22 | | responsibility for conducting any alternatives analysis and |
| 23 | | preliminary environmental assessment required by federal or |
| 24 | | State law. Nothing in this subparagraph (i) shall prohibit a |
| 25 | | Service Board from undertaking alternatives analysis and |
| 26 | | preliminary environmental assessment for any public |
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| 1 | | transportation service or facility identified in items (i) and |
| 2 | | (ii) above that is included in the Five-Year Capital Program |
| 3 | | as of the effective date of this amendatory Act of the 95th |
| 4 | | General Assembly; however, any expenditure related to any such |
| 5 | | public transportation service or facility must be included in |
| 6 | | a Five-Year Capital Program under the requirements of Sections |
| 7 | | 2.01b and 4.02 of this Act. |
| 8 | | (Source: P.A. 98-1027, eff. 1-1-15.)
|
| 9 | | (70 ILCS 3615/2.01b) |
| 10 | | Sec. 2.01b. The 5-Year Five-Year Capital Program. By a |
| 11 | | supermajority the affirmative vote of at least 12 of its then |
| 12 | | Directors, the Authority, after consultation with the Service |
| 13 | | Boards and after holding a minimum of 3 public hearings in Cook |
| 14 | | County, at least one one of which shall be held in the City of |
| 15 | | Chicago, and one public hearing in each of the other counties |
| 16 | | in the metropolitan region, shall each year adopt a 5-Year |
| 17 | | Five-Year Capital Program that shall include each capital |
| 18 | | improvement to be undertaken by the Authority or, on behalf of |
| 19 | | the Authority, by a Service Board or Transportation Agency, or |
| 20 | | on behalf of a Service Board provided that the Authority finds |
| 21 | | that the improvement meets any criteria for capital |
| 22 | | improvements contained in the Strategic Plan, is not |
| 23 | | inconsistent with any sub-regional or corridor plan adopted by |
| 24 | | the Authority, and can be funded within amounts available with |
| 25 | | respect to the capital and operating costs of such |
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| 1 | | improvement. Prior to submitting their proposed capital |
| 2 | | projects to the Authority, each Service Board shall hold at |
| 3 | | least one meeting for consideration of the capital projects |
| 4 | | being submitted to the Authority with representatives of labor |
| 5 | | organizations that have collective bargaining agreements with |
| 6 | | the respective Service Board. The Program shall be based on |
| 7 | | any criteria for capital improvements contained in the |
| 8 | | Strategic Plan, the capital project prioritization process, |
| 9 | | the service standards, the transit asset management plans |
| 10 | | required by 49 CFR 625.25, and other criteria determined by |
| 11 | | the Authority so long as the improvements are not inconsistent |
| 12 | | with any subregional or corridor plan adopted by the Authority |
| 13 | | and can be funded within amounts available with respect to the |
| 14 | | capital and operating costs of the improvement. |
| 15 | | In reviewing proposals for improvements to be included in |
| 16 | | a 5-Year Five-Year Capital Program, the Authority may give |
| 17 | | priority to improvements that are intended to bring public |
| 18 | | transportation facilities into a state of good repair. Before |
| 19 | | adopting a 5-Year Capital Program, the Authority shall consult |
| 20 | | with the Chicago Metropolitan Agency for Planning regarding |
| 21 | | the consistency of the 5-Year Capital Program with the |
| 22 | | 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 | | Beginning on January 1, 2027, for each improvement |
| 12 | | identified in the 5-year Capital Program, the Authority shall |
| 13 | | identify the entity responsible for implementing the project. |
| 14 | | The Authority shall retain responsibility for larger or |
| 15 | | comprehensive improvements such as Regionally Significant |
| 16 | | Projects, as designated by the Chicago Metropolitan Agency for |
| 17 | | Planning; new service infrastructure such as a new rail line |
| 18 | | or a new BRT corridor; large-scale rebuild of existing service |
| 19 | | infrastructure; new service vehicle or rolling stock |
| 20 | | purchases; or improvements that will be used by multiple |
| 21 | | Service Boards. The Authority shall assign to the appropriate |
| 22 | | Service Board responsibility for projects such as general |
| 23 | | service infrastructure renewal; improvements to non-service |
| 24 | | facilities; overhauls of railcars and vehicles; routine |
| 25 | | maintenance; and projects that will be completed entirely by |
| 26 | | Service Board employees. |
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| 1 | | (Source: P.A. 95-708, eff. 1-18-08.)
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| 2 | | (70 ILCS 3615/2.01c) |
| 3 | | Sec. 2.01c. Innovation, Coordination, and Enhancement |
| 4 | | Fund. |
| 5 | | (a) The Authority shall establish an Innovation, |
| 6 | | Coordination, and Enhancement Fund and deposit into the Fund |
| 7 | | an amount equal to $10,000,000 in 2008, and, each year |
| 8 | | thereafter, an amount equal to the amount deposited in the |
| 9 | | previous year increased or decreased by the percentage growth |
| 10 | | or decline in revenues received by the Authority from taxes |
| 11 | | imposed under Section 4.03 in the previous year. Amounts on |
| 12 | | deposit in such Fund and interest and other earnings on those |
| 13 | | amounts may be used by the Authority, upon a supermajority the |
| 14 | | affirmative vote of 12 of its then Directors, and after a |
| 15 | | public participation process, for operating or capital grants |
| 16 | | or loans to Service Boards, Transportation Agencies |
| 17 | | transportation agencies, or units of local government that |
| 18 | | advance the goals and objectives identified by the Authority |
| 19 | | in its Strategic Plan, provided that no improvement that has |
| 20 | | been included in a 5-Year Five-Year Capital Program as of |
| 21 | | January 18, 2008 (the effective date of Public Act 95-708) |
| 22 | | this amendatory Act of the 95th General Assembly may receive |
| 23 | | any funding from the Innovation, Coordination, and Enhancement |
| 24 | | Fund. Unless the Board has determined by a supermajority vote |
| 25 | | of 12 of its then Directors that an emergency exists requiring |
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| 1 | | the use of some or all of the funds then in the Innovation, |
| 2 | | Coordination, and Enhancement Fund, such funds may only be |
| 3 | | used to enhance the coordination and integration of public |
| 4 | | transportation and develop and implement innovations to |
| 5 | | improve the quality and delivery of public transportation. |
| 6 | | (b) Any grantee that receives funds from the Innovation, |
| 7 | | Coordination, and Enhancement Fund for the operation of |
| 8 | | eligible programs must (i) implement such programs within one |
| 9 | | year of receipt of such funds and (ii) within 2 years following |
| 10 | | commencement of any program utilizing such funds, determine |
| 11 | | whether it is desirable to continue the program, and upon such |
| 12 | | a determination, either incorporate such program into its |
| 13 | | annual operating budget and capital program or discontinue |
| 14 | | such program. No additional funds from the Innovation, |
| 15 | | Coordination, and Enhancement Fund may be distributed to a |
| 16 | | grantee for any individual program beyond 2 years unless the |
| 17 | | Authority by a supermajority the affirmative vote of at least |
| 18 | | 12 of its then Directors waives this limitation. Any such |
| 19 | | waiver will be with regard to an individual program and with |
| 20 | | regard to a one-year period one year-period, and any further |
| 21 | | waivers for such individual program require a subsequent vote |
| 22 | | of the Board. |
| 23 | | (Source: P.A. 97-399, eff. 8-16-11; revised 7-10-25.)
|
| 24 | | (70 ILCS 3615/2.01f new) |
| 25 | | Sec. 2.01f. Service planning. |
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| 1 | | (a) Beginning December 2027, the Authority shall develop a |
| 2 | | regionally coordinated Service Plan that describes all transit |
| 3 | | service to be provided in the coming year or years. The |
| 4 | | Authority may plan service for periods of not less than 1 year |
| 5 | | and not more than 3 years. |
| 6 | | (b) To assist in the development of Service Plans, the |
| 7 | | Authority may issue a request for proposed service plans to |
| 8 | | all Service Boards. Requests for proposed service plans must |
| 9 | | indicate the first and last years for which service will be |
| 10 | | planned and must not cover more than 3 years. Requests for |
| 11 | | proposed service plans may not be issued to less than all |
| 12 | | Service Boards. |
| 13 | | (c) For years in which the Authority is engaged in Service |
| 14 | | Planning, it shall commence the process by issuing a request |
| 15 | | for proposed service plans to all the Service Boards by the |
| 16 | | preceding December 15. The requests for proposed service plans |
| 17 | | may include: |
| 18 | | (1) a description of service improvements and changes |
| 19 | | that the Authority desires to carry out its Strategic Plan |
| 20 | | and to implement its service standards; |
| 21 | | (2) a description of the estimates of revenue for the |
| 22 | | next fiscal year that the Authority has received from the |
| 23 | | Director of the Governor's Office of Management and |
| 24 | | Budget; |
| 25 | | (3) a directive to the Service Boards to prepare |
| 26 | | service coverage and service-level scenarios assuming |
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| 1 | | various specified budget allocations for each Service |
| 2 | | Board; |
| 3 | | (4) a description of the degree to which Service |
| 4 | | Boards may make changes to the programmed location, |
| 5 | | frequency, days, and hours of service provided by the |
| 6 | | Service Board as compared to the approved service plan and |
| 7 | | the circumstances under which the changes shall be |
| 8 | | permitted; |
| 9 | | (5) the opportunity for the Service Boards to propose |
| 10 | | service improvements along with estimated costs; and |
| 11 | | (6) requests for information the Authority deems |
| 12 | | necessary for the Authority to assess how to most |
| 13 | | effectively and equitably allocate funds among the Service |
| 14 | | Boards, including estimates of the resources needed to |
| 15 | | provide each service-level scenario. |
| 16 | | (d) By March 31 following the request for proposed service |
| 17 | | plans, each Service Board shall present preliminary service |
| 18 | | proposals in several public hearings conducted by the |
| 19 | | Authority. A minimum of 3 public hearings shall be held in Cook |
| 20 | | County, including one in the City of Chicago, and one public |
| 21 | | hearing shall be held in each of the other counties in the |
| 22 | | region. |
| 23 | | (e) By June 30 following the request for proposed service |
| 24 | | plans, each Service Board shall submit a proposed service plan |
| 25 | | in response to the Authority's request, prepared in the format |
| 26 | | requested by the Authority. Proposed service plans shall |
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| 1 | | outline: |
| 2 | | (1) the operating funding assumptions used by the |
| 3 | | Service Board to determine that the proposed service is |
| 4 | | feasible, including any estimates of resources that were |
| 5 | | requested by the Authority; |
| 6 | | (2) the location, frequency, days and hours of |
| 7 | | service, and other details of the service that the Service |
| 8 | | Board shall provide; |
| 9 | | (3) the reasons for any changes made to the location, |
| 10 | | frequency, days, and hours of service provided by the |
| 11 | | Service Board from the previous service plan; |
| 12 | | (4) the service requirements applicable to the service |
| 13 | | provided by the Service Board covering issues such as |
| 14 | | reliability, cleanliness, and safety; and |
| 15 | | (5) requirements relating to the Service Board's |
| 16 | | compliance with Authority fare technology and fare |
| 17 | | integration efforts, information technology systems, |
| 18 | | customer communication systems and protocols, branding and |
| 19 | | advertising efforts, coordination of schedules, and other |
| 20 | | requirements designed to improve the integration and |
| 21 | | quality of public transportation in the metropolitan |
| 22 | | region. |
| 23 | | (f) Before voting on any final regionwide Service Plan, |
| 24 | | the Authority shall hold at least one public hearing on the |
| 25 | | regionwide Service Plan. |
| 26 | | (g) Before voting on any final regionwide Service Plan, |
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| 1 | | the Authority shall hold at least one meeting for |
| 2 | | consideration of the regionwide Service Plan with the county |
| 3 | | board of each of the several counties in the metropolitan |
| 4 | | region in which the Service Board provides service. |
| 5 | | (h) The Board shall review the proposed service plans and |
| 6 | | compile the plans into a revised, regionwide Service Plan. The |
| 7 | | Board shall only approve the revised, regionwide Service Plan |
| 8 | | if it meets the service standards set forth in the Strategic |
| 9 | | Plan as best as possible considering projected available |
| 10 | | funds. If the Board fails to approve the revised, regionwide |
| 11 | | Service Plan, then the Board shall notify each Service Board |
| 12 | | of any deficiencies identified in that Service Board's |
| 13 | | contributions to the revised, regionwide Service Plan. The |
| 14 | | Board shall also notify each Service Board if its reasons for |
| 15 | | changes from the previous approved service plan fail to comply |
| 16 | | with any guidance provided by the Board in the previous |
| 17 | | request for service plans as described in paragraph (4) of |
| 18 | | subsection (e). Service Boards shall not continue to operate |
| 19 | | service changes that the Board deems to have failed to comply |
| 20 | | with guidance provided by the Board, unless the service is |
| 21 | | included in the forthcoming regionwide service plan. |
| 22 | | (i) If the Board has not found that the revised, |
| 23 | | regionwide Service Plan meets the service standards, the Board |
| 24 | | shall adopt a regionwide Service Plan that does. In all cases, |
| 25 | | the Board shall adopt a regionwide Service Plan by no later |
| 26 | | than August 31 following the request for plans.
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| 1 | | (70 ILCS 3615/2.01g new) |
| 2 | | Sec. 2.01g. Performance audits. |
| 3 | | (a) The Auditor General shall conduct a performance audit |
| 4 | | of the Authority and Service Boards every 5 years. The |
| 5 | | Authority and Service Boards shall enter into an |
| 6 | | intergovernmental agreement with the Auditor General to |
| 7 | | facilitate the audit. |
| 8 | | (b) When conducting an audit of the Authority, the Auditor |
| 9 | | General shall: |
| 10 | | (1) focus on the quality and cost-effectiveness of the |
| 11 | | public transportation system, including comparative |
| 12 | | assessments against the performance of transit systems in |
| 13 | | comparable metropolitan regions around the world; |
| 14 | | (2) include recommendations for improvements informed |
| 15 | | by applicable industry best practices and any legislation |
| 16 | | or other steps that governmental bodies could take to |
| 17 | | facilitate such improvements; and |
| 18 | | (3) assess the efficacy of the public transportation |
| 19 | | system in providing affordable transportation; connecting |
| 20 | | residents to jobs, education, and other opportunities; and |
| 21 | | improving the environment. |
| 22 | | When conducting an audit, the Auditor General shall give |
| 23 | | consideration to limitations experienced by the Commuter Rail |
| 24 | | Board due to shared infrastructure with freight rail. |
| 25 | | (c) The Authority may suggest areas of emphasis for the |
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| 1 | | Auditor General to consider, and the Auditor General may, in |
| 2 | | the Auditor General's discretion, structure the audit and |
| 3 | | recommendations to help achieve the goal of a well-functioning |
| 4 | | and efficient regional public transportation system. |
| 5 | | (d) The Auditor General and the Authority shall coordinate |
| 6 | | the timing of performance audits so that the findings are |
| 7 | | available to the Authority at the time when it begins |
| 8 | | preparing its Strategic Plan and 5-Year Capital Program. |
| 9 | | (e) The Authority shall reimburse the Auditor General for |
| 10 | | the costs incurred in conducting the performance audits.
|
| 11 | | (70 ILCS 3615/2.03) (from Ch. 111 2/3, par. 702.03) |
| 12 | | Sec. 2.03. Operations. A Service Board may provide public |
| 13 | | transportation by operating public transportation facilities. |
| 14 | | A Service Board may enter into operating agreements with any |
| 15 | | individual, corporation or other person or private or public |
| 16 | | entity to operate such facilities on behalf of the Service |
| 17 | | Board. Beginning in 2029, Service Boards may only provide |
| 18 | | service adhering as closely as possible to that described in |
| 19 | | the regionwide service plan most recently adopted by the |
| 20 | | Authority, in the planned scenario that is the closest to the |
| 21 | | actual revenue available for that year, except as allowed |
| 22 | | under guidance provided by the Board in the previous request |
| 23 | | for service plans as described in paragraph (4) of subsection |
| 24 | | (e) of Section 2.01f. |
| 25 | | (Source: P.A. 83-886.)
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| 1 | | (70 ILCS 3615/2.04) (from Ch. 111 2/3, par. 702.04) |
| 2 | | Sec. 2.04. Fares and Nature of Service. |
| 3 | | (a) The Authority shall have the sole authority to: (i) |
| 4 | | set and coordinate fares and charges for public transit |
| 5 | | services in the metropolitan region, including public |
| 6 | | transportation provided by Transportation Agencies pursuant to |
| 7 | | purchase of service or grant agreements with the Authority, |
| 8 | | and (ii) establish the nature and standards of public transit |
| 9 | | to be provided in accordance with the Strategic Plan and |
| 10 | | service standards. Whenever a Service Board provides any |
| 11 | | public transportation by operating public transportation |
| 12 | | facilities, the Service Board shall provide for the level and |
| 13 | | nature of fares or charges to be made for such services, and |
| 14 | | the nature and standards of public transportation to be so |
| 15 | | provided that meet the goals and objectives adopted by the |
| 16 | | Authority in the Strategic Plan. Provided, however that if the |
| 17 | | Board adopts a budget and financial plan for a Service Board in |
| 18 | | accordance with the provisions in Section 4.11(b)(5), the |
| 19 | | Board may consistent with the terms of any purchase of service |
| 20 | | contract provide for the level and nature of fares to be made |
| 21 | | for such services under the jurisdiction of that Service |
| 22 | | Board, and the nature and standards of public transportation |
| 23 | | to be so provided. |
| 24 | | (b) Whenever a Service Board provides any public |
| 25 | | transportation pursuant to grants made after June 30, 1975, to |
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| 1 | | Transportation Agencies transportation agencies for operating |
| 2 | | expenses (other than with regard to experimental programs) or |
| 3 | | pursuant to any purchase of service agreement, the purchase of |
| 4 | | service agreement or grant contract shall provide for the |
| 5 | | level and nature of fares or charges to be made for such |
| 6 | | services, and the nature and standards of public |
| 7 | | transportation to be so provided. A Service Board shall |
| 8 | | require all Transportation Agencies transportation agencies |
| 9 | | with which it contracts, or from which it purchases |
| 10 | | transportation services or to which it makes grants to provide |
| 11 | | half fare transportation for their student riders if any of |
| 12 | | such agencies provide for half fare transportation to their |
| 13 | | student riders. |
| 14 | | (c) In so providing for the fares or charges and the nature |
| 15 | | and standards of public transportation, any purchase of |
| 16 | | service agreements or grant contracts shall provide, among |
| 17 | | other matters, for the terms or cost of transfers or |
| 18 | | interconnections between different modes of transportation and |
| 19 | | different public Transportation Agencies transportation |
| 20 | | agencies, schedules or routes of such service, changes which |
| 21 | | may be made in such service, the nature and condition of the |
| 22 | | facilities used in providing service, the manner of collection |
| 23 | | and disposition of fares or charges, the records and reports |
| 24 | | to be kept and made concerning such service, for |
| 25 | | interchangeable tickets or other coordinated or uniform |
| 26 | | methods of collection of charges, and shall further require |
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| 1 | | that the Transportation Agency transportation agency comply |
| 2 | | with any determination made by the Board of the Authority |
| 3 | | under and subject to the provisions of Section 2.12b of this |
| 4 | | Act. In regard to any such service, the Authority and the |
| 5 | | Service Boards shall give attention to and may undertake |
| 6 | | programs to promote use of public transportation and to |
| 7 | | provide coordinated ticket sales and passenger information. In |
| 8 | | the case of a grant to a Transportation Agency transportation |
| 9 | | agency which remains subject to Illinois Commerce Commission |
| 10 | | supervision and regulation, the Service Boards shall exercise |
| 11 | | the powers set forth in this Section in a manner consistent |
| 12 | | with such supervision and regulation by the Illinois Commerce |
| 13 | | Commission. |
| 14 | | (d) The Authority shall develop and implement a regionally |
| 15 | | coordinated and consolidated fare collection system. By |
| 16 | | January 1, 2013, the Authority, in consultation with the |
| 17 | | Service Boards and the general public, must develop a policy |
| 18 | | regarding transfer fares on all fixed-route public |
| 19 | | transportation services provided by the Service Boards. The |
| 20 | | policy shall also set forth the fare sharing agreements |
| 21 | | between the Service Boards that apply to interagency fare |
| 22 | | passes and tickets. The policy established by the Authority |
| 23 | | shall be submitted to each of the Service Boards for its |
| 24 | | approval or comments and objection. After receiving the |
| 25 | | policy, the Service Boards have 90 days to approve or take |
| 26 | | other action regarding the policy. If all of the Service |
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| 1 | | Boards agree to the policy, then a regional agreement shall be |
| 2 | | created and signed by each of the Service Boards. The terms of |
| 3 | | the agreement may be changed upon petition by any of the |
| 4 | | Service Boards and by agreement of the other Service Boards. |
| 5 | | (e) The Authority may delegate the responsibility for all |
| 6 | | or some aspects of physical fare collection to the Service |
| 7 | | Boards. By January 1, 2015, the Authority must develop and |
| 8 | | implement a regional fare payment system. The regional fare |
| 9 | | payment system must use and conform with established |
| 10 | | information security industry standards and requirements of |
| 11 | | the financial industry. The system must allow consumers to use |
| 12 | | contactless credit cards, debit cards, and prepaid cards to |
| 13 | | pay for all fixed-route public transportation services. |
| 14 | | Beginning in 2012 and each year thereafter until 2015, the |
| 15 | | Authority must submit an annual report to the Governor and |
| 16 | | General Assembly describing the progress of the Authority and |
| 17 | | each of the Service Boards in implementing the regional fare |
| 18 | | payment system. The Authority must adopt rules to implement |
| 19 | | the requirements set forth in this Section. |
| 20 | | (f) Prior to adopting any fare structure ordinance, the |
| 21 | | Authority shall allow a reasonable time for public input and |
| 22 | | hold public hearings under subsection (e-5) of Section 5.01. |
| 23 | | (g) The Authority shall submit the proposed fare structure |
| 24 | | ordinance to each Service Board for feedback. |
| 25 | | (h) By no later than January 1, 2028, the Authority, in |
| 26 | | coordination with the Service Boards, shall undertake a joint |
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| 1 | | procurement for a next generation fare collection system, |
| 2 | | which shall include, among other things, a unified mobile |
| 3 | | ticket application, that shall be procured and implemented by |
| 4 | | the Authority by February 1, 2030, as a unified regional fare |
| 5 | | payment system. All agreements for, or related to, a regional |
| 6 | | fare payment system must include provisions for data sharing |
| 7 | | that allow the Authority and the Service Boards access to all |
| 8 | | data generated by the fare collection system. |
| 9 | | (i) Whenever the Authority adopts a fare policy |
| 10 | | establishing or modifying interagency passes, tickets, or |
| 11 | | transfers, the policy shall also set forth the fare-sharing |
| 12 | | agreements between the Service Boards that apply to the |
| 13 | | revenue raised from interagency fare passes, tickets, and |
| 14 | | transfers. Except as specified in such an agreement, all fare |
| 15 | | revenue generated and received by the Authority shall be |
| 16 | | disbursed by the Authority to the Service Board responsible |
| 17 | | for generating the revenue. |
| 18 | | (j)(1) The Authority shall have sole authority over and be |
| 19 | | responsible for administering all special fare programs, |
| 20 | | including free and reduced fares for seniors and people with |
| 21 | | disabilities, and other special fare programs. |
| 22 | | (2) To the extent required by Section 3-33-160 of the |
| 23 | | Chicago Municipal Code, the Authority and the Chicago Transit |
| 24 | | Agency shall provide for free rides for active duty military |
| 25 | | personnel in uniform or with appropriate identification, and |
| 26 | | disabled veterans of the United States Armed Forces. |
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| 1 | | (3) Any fixed-route public transportation services |
| 2 | | provided by, or under grant or purchase of service contracts |
| 3 | | of, a Service Board shall be provided without charge to senior |
| 4 | | citizens aged 65 and older, and all persons with a disability, |
| 5 | | who meet the income eligibility limitation set forth in |
| 6 | | subsection (a-5) of Section 4 of the Senior Citizens and |
| 7 | | Persons with Disabilities Property Tax Relief Act, under such |
| 8 | | conditions as shall be prescribed by Authority. The Department |
| 9 | | on Aging shall furnish all information reasonably necessary to |
| 10 | | determine eligibility, including updated lists of individuals |
| 11 | | who are eligible for services without charge under this |
| 12 | | Section. After an initial eligibility determination is made, |
| 13 | | an individual's eligibility for free services shall |
| 14 | | automatically renew every 5 years after receipt by the |
| 15 | | Authority of a copy of the individual's government-issued |
| 16 | | identification card validating Illinois residency. Nothing in |
| 17 | | this Section shall relieve the Authority from providing |
| 18 | | reduced fares as may be required by federal law. The Authority |
| 19 | | shall provide the Department of Public Health with a monthly |
| 20 | | list of all riders that receive free or reduced fares under |
| 21 | | this subsection. The list shall include an individual's name, |
| 22 | | address, and date of birth. The Department of Public Health |
| 23 | | shall, within 2 weeks after receipt of the list, report back to |
| 24 | | the Authority any discrepancies that indicate that a rider |
| 25 | | receiving free or reduced fare services is deceased. The |
| 26 | | Authority, upon receipt of the report from the Department of |
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| 1 | | Public Health, shall take appropriate steps to remove any |
| 2 | | deceased individual's name from the list of individuals |
| 3 | | eligible under the free or reduced fare programs. |
| 4 | | (4) By no later than 2 years after the effective date of |
| 5 | | this amendatory Act of the 104th General Assembly, the |
| 6 | | Authority shall develop a program across public transportation |
| 7 | | service providers for providing free services to a rider for |
| 8 | | any additional fares for the duration of a daily, weekly, |
| 9 | | monthly, or 30-day pass once the rider has purchased enough |
| 10 | | regular one-way fares to reach an amount that is no less than |
| 11 | | the cost of an applicable pass. |
| 12 | | (k) The Authority shall provide regular annual reports to |
| 13 | | the Governor and General Assembly on progress made in |
| 14 | | implementing the changes made to this Act by this amendatory |
| 15 | | Act of the 104th General Assembly under subsections (f) and |
| 16 | | (g) of this Section as outlined under Section 2.44. |
| 17 | | (Source: P.A. 97-85, eff. 7-7-11.)
|
| 18 | | (70 ILCS 3615/2.05) (from Ch. 111 2/3, par. 702.05) |
| 19 | | Sec. 2.05. Centralized Services; Acquisition and |
| 20 | | Construction. |
| 21 | | (a) The Authority may at the request of two or more Service |
| 22 | | Boards, serve, or designate a Service Board to serve, as a |
| 23 | | centralized purchasing agent for the Service Boards so |
| 24 | | requesting. |
| 25 | | (b) The Authority may at the request of two or more Service |
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| 1 | | Boards perform other centralized services such as ridership |
| 2 | | information and transfers between services under the |
| 3 | | jurisdiction of the Service Boards where such centralized |
| 4 | | services financially benefit the region as a whole. Provided, |
| 5 | | however, that the Board may require transfers only upon a |
| 6 | | supermajority an affirmative vote of 12 of its then Directors. |
| 7 | | (c) A Service Board or the Authority may for the benefit of |
| 8 | | a Service Board, to meet its purposes, construct or acquire |
| 9 | | any public transportation facility for use by a Service Board |
| 10 | | or for use by any Transportation Agency transportation agency |
| 11 | | and may acquire any such facilities from any Transportation |
| 12 | | Agency transportation agency, including also without |
| 13 | | limitation any reserve funds, employees' pension or retirement |
| 14 | | funds, special funds, franchises, licenses, patents, permits |
| 15 | | and papers, documents and records of the agency. In connection |
| 16 | | with any such acquisition from a Transportation Agency |
| 17 | | transportation agency the Authority may assume obligations of |
| 18 | | the Transportation Agency transportation agency with regard to |
| 19 | | such facilities or property or public transportation |
| 20 | | operations of such agency. |
| 21 | | In connection with any construction or acquisition, the |
| 22 | | Authority shall make relocation payments as may be required by |
| 23 | | federal law or by the requirements of any federal agency |
| 24 | | authorized to administer any federal program of aid. |
| 25 | | (d) The Authority shall, after consulting with the Service |
| 26 | | Boards, develop regionally coordinated and consolidated sales, |
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| 1 | | marketing, advertising, and public information programs that |
| 2 | | promote the use and coordination of, and transfers among, |
| 3 | | public transportation services in the metropolitan region. The |
| 4 | | Authority shall develop and adopt, with a supermajority the |
| 5 | | affirmative vote of at least 12 of its then Directors, rules |
| 6 | | and regulations for the Authority and the Service Boards |
| 7 | | regarding such programs to ensure that the Service Boards' |
| 8 | | independent programs conform with the Authority's regional |
| 9 | | programs. |
| 10 | | (e) By July 1, 2028, the Authority shall manage digital |
| 11 | | and web-based trip-planning and real-time vehicle arrival |
| 12 | | information for use by riders for all public transportation |
| 13 | | services in northeastern Illinois, including demand-response |
| 14 | | modes. Relevant Service Board infrastructure, digital assets, |
| 15 | | technology, administrative support, and contracts may be |
| 16 | | transferred to the Authority for future centralized customer |
| 17 | | information services. |
| 18 | | (Source: P.A. 95-708, eff. 1-18-08.)
|
| 19 | | (70 ILCS 3615/2.06.2 new) |
| 20 | | Sec. 2.06.2. Pedestrian access to transit. |
| 21 | | (a) As part of its Strategic Plan, the Authority shall |
| 22 | | identify and prioritize sidewalk and other improvements needed |
| 23 | | to provide safe pedestrian access to transit service stops. |
| 24 | | (b) When any unit of local government in the metropolitan |
| 25 | | region undertakes a new construction or reconstruction project |
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| 1 | | on a roadway under its jurisdiction that has bus stops, rail |
| 2 | | stations, or other fixed location transit service stops where |
| 3 | | a person can board or alight public transportation vehicles or |
| 4 | | that intersects with a roadway that provides access to the |
| 5 | | transit service stop within one-quarter mile, then the project |
| 6 | | scope may include the addition of sidewalks or shared-use |
| 7 | | paths to connect the transit stops to any existing sidewalks |
| 8 | | or paths within 500 feet of the project. The unit of local |
| 9 | | government in the metropolitan region may also include the |
| 10 | | addition of concrete sidewalk boarding areas, which may |
| 11 | | connect to the sidewalk, for any existing or new transit stops |
| 12 | | within the project limits and may add a shelter, if |
| 13 | | appropriate, based on rules the Authority develops for transit |
| 14 | | service stops. |
| 15 | | (c) If a unit of local government in the metropolitan |
| 16 | | region includes a project listed subsection (b) in its |
| 17 | | construction or reconstruction project, then the unit of local |
| 18 | | government may seek reimbursement from the Authority for |
| 19 | | capital costs associated with the requirements of this |
| 20 | | Section, including signal improvements, ADA accommodations, |
| 21 | | and other pay items appurtenant to the construction of |
| 22 | | sidewalks, shelters, and concrete boarding areas. If |
| 23 | | right-of-way acquisition is required to construct the |
| 24 | | improvements, then the unit of local government may elect not |
| 25 | | to include these improvements in its construction contract. |
| 26 | | Units of local government in the metropolitan region shall |
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| 1 | | comply with all applicable requirements of the Department of |
| 2 | | Transportation in carrying out improvements under this |
| 3 | | Section. |
| 4 | | (d) The Authority shall, by ordinance, provide rules for |
| 5 | | the program described in this Section, including rules |
| 6 | | restricting reimbursement to pay items not already required by |
| 7 | | the Department of Transportation, and it may elect to |
| 8 | | establish an annual not-to-exceed amount for the program and |
| 9 | | require cost-sharing by grantees. The Authority shall use only |
| 10 | | capital funding for any program established under this |
| 11 | | Section.
|
| 12 | | (70 ILCS 3615/2.07) (from Ch. 111 2/3, par. 702.07) |
| 13 | | Sec. 2.07. Extraterritorial authority Extra-territorial |
| 14 | | Authority. To In order to provide or assist any transportation |
| 15 | | of members of the general public between points in the |
| 16 | | metropolitan region and points outside the metropolitan |
| 17 | | region, whether in this State, or in Wisconsin, or Indiana, |
| 18 | | the Authority may at the request and for the benefit of a |
| 19 | | Service Board, by ordinance, enter into agreements with any |
| 20 | | unit of local government, individual, corporation or other |
| 21 | | business entity, or other person or public agency in or of any |
| 22 | | such state or any private entity for such service. Such |
| 23 | | agreements may provide for participation by the Authority a |
| 24 | | Service Board in providing such service and for grants by the |
| 25 | | Authority a Service Board in connection with any such service, |
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| 1 | | and may, subject to federal and State law, set forth any terms |
| 2 | | relating to such service, including coordinating such service |
| 3 | | with public transportation in the metropolitan region. Such |
| 4 | | agreement may be for such number of years or duration as the |
| 5 | | parties may agree. In regard to any such agreements or grants, |
| 6 | | the Authority a Service Board shall consider the benefit to |
| 7 | | the metropolitan region and the financial contribution with |
| 8 | | regard to such service made or to be made from public funds in |
| 9 | | such areas served outside the metropolitan region. Nothing in |
| 10 | | this Section prevents the Board of the Commuter Rail Division |
| 11 | | of the Authority from entering into agreements to provide |
| 12 | | service, or the Northeast Illinois Regional Commuter Railroad |
| 13 | | Corporation from providing service, between points outside the |
| 14 | | metropolitan region when it is deemed beneficial to the State, |
| 15 | | the Authority, the Services Boards, or the Northeast Illinois |
| 16 | | Regional Commuter Railroad Corporation. |
| 17 | | (Source: P.A. 83-886.)
|
| 18 | | (70 ILCS 3615/2.08) (from Ch. 111 2/3, par. 702.08) |
| 19 | | Sec. 2.08. Protection Against Crime. The Authority shall |
| 20 | | cooperate with the various State, municipal, sheriff's and |
| 21 | | transportation agency police forces in the metropolitan region |
| 22 | | for the protection of employees and consumers of public |
| 23 | | transportation services and public transportation facilities |
| 24 | | against crime. The Authority may provide by ordinance for an |
| 25 | | Authority police force to aid, coordinate and supplement other |
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| 1 | | police forces in protecting persons and property and reducing |
| 2 | | the threats of crime with regard to public transportation. |
| 3 | | Such police shall have the same powers with regard to such |
| 4 | | protection of persons and property as those exercised by |
| 5 | | police of municipalities and may include members of other |
| 6 | | police forces in the metropolitan region. The Authority shall |
| 7 | | establish minimum standards for selection and training of |
| 8 | | members of such police force employed by it. Training shall be |
| 9 | | accomplished at schools certified by the Illinois Law |
| 10 | | Enforcement Training Standards Board established pursuant to |
| 11 | | the Illinois Police Training Act. Such training shall be |
| 12 | | subject to the rules and standards adopted pursuant to Section |
| 13 | | 7 of that Act. The Authority may participate in any training |
| 14 | | program conducted under that Act. The Authority may provide |
| 15 | | for the coordination or consolidation of security services and |
| 16 | | police forces maintained with regard to public transportation |
| 17 | | services and facilities by various transportation agencies and |
| 18 | | may contract with any municipality or county in the |
| 19 | | metropolitan region to provide protection of persons or |
| 20 | | property with regard to public transportation. Employees of |
| 21 | | the Authority or of any transportation agency affected by any |
| 22 | | action of the Authority under this Section shall be provided |
| 23 | | the protection set forth in Section 2.16. Neither the |
| 24 | | Authority, the Suburban Bus Division, the Commuter Rail |
| 25 | | Division, the Chicago Transit Authority, nor any of their |
| 26 | | Directors, officers, or employees shall be held liable for |
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| 1 | | failure to provide a security or police force or, if a security |
| 2 | | or police force is provided, for failure to provide adequate |
| 3 | | police protection or security, failure to prevent the |
| 4 | | commission of crimes by fellow passengers or other third |
| 5 | | persons or for the failure to apprehend criminals. |
| 6 | | (Source: P.A. 91-357, eff. 7-29-99.)
|
| 7 | | (70 ILCS 3615/2.09) (from Ch. 111 2/3, par. 702.09) |
| 8 | | Sec. 2.09. Research and Development. |
| 9 | | (a) The Authority and the Service Boards shall study |
| 10 | | public transportation problems and developments; encourage |
| 11 | | experimentation in developing new public transportation |
| 12 | | technology, financing methods, and management procedures; |
| 13 | | conduct, in cooperation with other public and private |
| 14 | | agencies, studies, demonstrations, and demonstration and |
| 15 | | development projects to test and develop methods for improving |
| 16 | | public transportation, for reducing its costs to users or for |
| 17 | | increasing public use; and conduct, sponsor, and participate |
| 18 | | in other studies and experiments, which may include fare |
| 19 | | demonstration programs, and transportation technology pilot |
| 20 | | programs, in conjunction with private parties and public |
| 21 | | agencies, including the United States Department of |
| 22 | | Transportation, the Department of Transportation, the Illinois |
| 23 | | State Toll Highway Authority, and the Chicago Metropolitan |
| 24 | | Agency for Planning, as are useful in to achieving the |
| 25 | | purposes of this Act. The cost for any such item authorized by |
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| 1 | | this Section may be exempted by the Board in a budget ordinance |
| 2 | | from the "costs" included in determining that the Authority |
| 3 | | and its service boards meet the farebox recovery ratio or |
| 4 | | system generated revenues recovery ratio requirements of |
| 5 | | Sections 3A.10, 3B.10, 4.01(b), 4.09 and 4.11 of this Act and |
| 6 | | Section 34 of the Metropolitan Transit Authority Act during |
| 7 | | the Authority's fiscal year which begins January 1, 1986 and |
| 8 | | ends December 31, 1986, provided that the cost of any item |
| 9 | | authorized herein must be specifically approved within the |
| 10 | | budget adopted pursuant to Sections 4.01 and 4.11 of this Act |
| 11 | | for that fiscal year. |
| 12 | | (b) (Blank). To improve public transportation service in |
| 13 | | areas of the metropolitan region with limited access to |
| 14 | | commuter rail service, the Authority and the Suburban Bus |
| 15 | | Division shall evaluate the feasibility of implementing new |
| 16 | | bus rapid transit services using the expressway and tollway |
| 17 | | systems in the metropolitan region. The Illinois Department of |
| 18 | | Transportation and the Illinois Toll Highway Authority shall |
| 19 | | work cooperatively with the Authority and the Suburban Bus |
| 20 | | Division in that evaluation and in the implementation of bus |
| 21 | | rapid transit services. The Authority and the Suburban Bus |
| 22 | | Division, in cooperation with the Illinois Department of |
| 23 | | Transportation, shall develop a bus rapid transit |
| 24 | | demonstration project on Interstate 55 located in Will, |
| 25 | | DuPage, and Cook Counties. This demonstration project shall |
| 26 | | test and refine approaches to bus rapid transit operations in |
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| 1 | | the expressway or tollway shoulder or regular travel lanes and |
| 2 | | shall investigate technology options that facilitate the |
| 3 | | shared use of the transit lane and provide revenue for |
| 4 | | financing construction and operation of public transportation |
| 5 | | facilities. |
| 6 | | (c) (Blank). The Suburban Bus Division and the Authority |
| 7 | | shall cooperate in the development, funding, and operation of |
| 8 | | programs to enhance access to job markets for residents in |
| 9 | | south suburban Cook County. Beginning in 2008, the Authority |
| 10 | | shall allocate to the Suburban Bus Division an amount not less |
| 11 | | than $3,750,000, and beginning in 2009 an amount not less than |
| 12 | | $7,500,000 annually for the costs of such programs. |
| 13 | | (Source: P.A. 95-708, eff. 1-18-08.)
|
| 14 | | (70 ILCS 3615/2.10) (from Ch. 111 2/3, par. 702.10) |
| 15 | | Sec. 2.10. Protection of the Environment. |
| 16 | | (a) The Authority shall take all feasible and prudent |
| 17 | | steps to minimize environmental disruption and pollution |
| 18 | | arising from its activities and from public transportation |
| 19 | | activities of Transportation Agencies acting under purchase of |
| 20 | | service or grant agreements. In carrying out its purposes and |
| 21 | | powers under this Act, the Authority shall seek to reduce |
| 22 | | environmental disruption and pollution arising from all forms |
| 23 | | of transportation of persons within the metropolitan region. |
| 24 | | The Authority shall employ persons with skills and |
| 25 | | responsibilities for determining how to minimize such |
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| 1 | | disruption and pollution. |
| 2 | | (b) In recognition of the fact that the transportation |
| 3 | | sector accounts for approximately one-third of the greenhouse |
| 4 | | gases generated in the State and that public transportation |
| 5 | | moves people with fewer emissions than other motorized modes |
| 6 | | of transportation, the Authority shall work cooperatively with |
| 7 | | the Department of Transportation, the Illinois State Toll |
| 8 | | Highway, the Chicago Metropolitan Agency for Planning, and |
| 9 | | other units of government in the region to assist them in using |
| 10 | | investments in public transportation facilities and operations |
| 11 | | as a tool to help them meet their greenhouse gas emission |
| 12 | | reduction goals. To the maximum extent allowed by law, the |
| 13 | | Authority is eligible to receive funding and other assistance |
| 14 | | from local, state, and federal sources so the Authority can |
| 15 | | assist in using improved and expanded public transportation in |
| 16 | | the metropolitan region to reduce greenhouse gas emissions and |
| 17 | | other pollution generated by the transportation sector. The |
| 18 | | Authority and the Service Boards shall take all feasible and |
| 19 | | prudent steps to minimize environmental disruption and |
| 20 | | pollution arising from its activities or from public |
| 21 | | transportation activities of transportation agencies acting |
| 22 | | pursuant to purchase of service agreements. In carrying out |
| 23 | | its purposes and powers under this Act, the Authority and the |
| 24 | | Service Boards shall seek to reduce environmental disruption |
| 25 | | and pollution arising from all forms of transportation of |
| 26 | | persons within the metropolitan region. The Service Boards |
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| 1 | | shall employ persons with skills and responsibilities for |
| 2 | | determining means to minimize such disruption and pollution. |
| 3 | | (Source: P.A. 83-886.)
|
| 4 | | (70 ILCS 3615/2.10a) |
| 5 | | Sec. 2.10a. Zero-emission buses. |
| 6 | | (a) As used in this Section: |
| 7 | | "Zero-emission bus" means a bus that is: |
| 8 | | (1) designed to carry more than 10 passengers and is |
| 9 | | used to carry passengers for compensation. |
| 10 | | (2) a zero-emission vehicle; and |
| 11 | | (3) not a taxi. |
| 12 | | "Zero-emission vehicle" means a fuel cell or electric |
| 13 | | vehicle that: |
| 14 | | (1) is a motor vehicle; |
| 15 | | (2) is made by a commercial manufacturer; |
| 16 | | (3) is manufactured primarily for use on public |
| 17 | | streets, roads, and highways; |
| 18 | | (4) has a maximum speed capability of at least 55 |
| 19 | | miles per hour; |
| 20 | | (5) is powered entirely by electricity or powered by |
| 21 | | combining hydrogen and oxygen, which runs the motor; |
| 22 | | (6) has an operating range of at least 100 miles; and |
| 23 | | (7) produces only water vapor and heat as byproducts. |
| 24 | | (b) The Authority On or after July 1, 2026, a Service Board |
| 25 | | may not enter into a new contract to purchase a bus that is not |
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| 1 | | a zero-emission bus for the purpose of a the Service Board's |
| 2 | | transit bus fleet. |
| 3 | | (c) For the purposes of determining compliance with this |
| 4 | | Section, the Authority a Service Board shall not be deemed to |
| 5 | | be in violation of this Section when failure to comply is due |
| 6 | | to: |
| 7 | | (1) the unavailability of zero-emission buses from a |
| 8 | | manufacturer or funding to purchase zero-emission buses; |
| 9 | | (2) the lack of necessary charging, fueling, or |
| 10 | | storage facilities or funding to procure charging, |
| 11 | | fueling, or storage facilities; or |
| 12 | | (3) the inability of a third party to enter into a |
| 13 | | contractual or commercial relationship with the Authority |
| 14 | | a Service Board that is necessary to carry out the |
| 15 | | purposes of this Section. |
| 16 | | (Source: P.A. 103-281, eff. 1-1-24.)
|
| 17 | | (70 ILCS 3615/2.10b new) |
| 18 | | Sec. 2.10b. Traffic law enforcement. |
| 19 | | (a) The Authority shall cooperate with local governments |
| 20 | | and law enforcement agencies in the metropolitan region on the |
| 21 | | enforcement of laws designed to protect the quality and safety |
| 22 | | of public transportation operations, such as laws prohibiting |
| 23 | | unauthorized vehicles from blocking bus stops, bus lanes, or |
| 24 | | other facilities designated for use by transit vehicles and |
| 25 | | transit users. |
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| 1 | | (b) Local governments and law enforcement agencies in the |
| 2 | | metropolitan region may accept photographic, video, or other |
| 3 | | records derived from cameras and other sensors on public |
| 4 | | transportation vehicles and facilities as prima facie evidence |
| 5 | | of a violation of laws that protect the quality and safety of |
| 6 | | public transportation operations. |
| 7 | | (c) The Authority may establish by rule an enforcement |
| 8 | | program that covers jurisdictions in the metropolitan region |
| 9 | | that lack laws that protect the quality and safety of public |
| 10 | | transportation operations or that, in the Authority's sole |
| 11 | | discretion, fail to adequately enforce laws protecting the |
| 12 | | quality and safety of public transit operations. |
| 13 | | (d) An enforcement program established under this Section |
| 14 | | shall contain the following elements: |
| 15 | | (1) clear definitions of what constitutes a civil |
| 16 | | violation, such as provisions specifying the number of |
| 17 | | feet around bus stops where unauthorized vehicles are |
| 18 | | prohibited from parking; |
| 19 | | (2) publication on the Authority's website of |
| 20 | | descriptions and locations of public transportation |
| 21 | | facilities that are subject to the Authority's enforcement |
| 22 | | program and other pertinent information about the |
| 23 | | enforcement program, and clearly posted signs on or near |
| 24 | | such public transportation facilities visible to drivers; |
| 25 | | (3) a description of the types of evidence, such as |
| 26 | | bus camera photos or video, which are sufficient to make a |
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| 1 | | prima facie case that a vehicle or person has violated an |
| 2 | | Authority enforcement rule; |
| 3 | | (4) provision of adequate notice of an alleged |
| 4 | | violation to the registered owner of the vehicle, |
| 5 | | including, but not limited to: the date, time and location |
| 6 | | of any violation; the particular regulation violated; the |
| 7 | | fine and any penalty that may be assessed for late |
| 8 | | payment; the vehicle make and model, or a photograph of |
| 9 | | the vehicle; the state registration number of the vehicle; |
| 10 | | the identification number of the person issuing the |
| 11 | | notice; information as to the availability of a hearing in |
| 12 | | which the violation may be contested on its merits; and, |
| 13 | | service of the notice by first-class mail; |
| 14 | | (5) an administrative adjudication process that gives |
| 15 | | registered vehicle owners an opportunity to appear before |
| 16 | | a neutral party appointed by the Authority to contest the |
| 17 | | violation on its merits; |
| 18 | | (6) a process through which the hearing officer may |
| 19 | | consider in defense of a violation: (i) that the motor |
| 20 | | vehicle or registration plates or digital registration |
| 21 | | plates of the motor vehicle were stolen before the |
| 22 | | violation occurred and not under the control of or in the |
| 23 | | possession of the owner or lessee at the time of the |
| 24 | | violation; (ii) that the motor vehicle was hijacked before |
| 25 | | the violation occurred and not under the control of or in |
| 26 | | the possession of the owner or lessee at the time of the |
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| 1 | | violation; (iii) that the driver of the vehicle entered |
| 2 | | the designated bus lane in order to yield the right-of-way |
| 3 | | to an emergency vehicle; (iv) that the motor vehicle was |
| 4 | | under the control of or in the possession of a lessee |
| 5 | | pursuant to a written lease agreement at the time of the |
| 6 | | violation, so the lessee should be held liable for the |
| 7 | | violation; or (v) any other evidence or issues provided by |
| 8 | | Authority rulemaking; |
| 9 | | (7) use of tools, such as remote hearings and |
| 10 | | allowance of online submission of documents contesting an |
| 11 | | alleged violation, to provide alleged violators an |
| 12 | | adequate opportunity to contest their alleged violation; |
| 13 | | (8) civil violation fees that are no higher than the |
| 14 | | highest administrative fees imposed for similar violations |
| 15 | | by other public agencies in the metropolitan region; and |
| 16 | | (9) appropriate and legally required data privacy and |
| 17 | | personal identifying information protections. |
| 18 | | (e) The Authority shall: |
| 19 | | (1) cooperate with local governments and law |
| 20 | | enforcement agencies to help improve their enforcement of |
| 21 | | their laws that are designed to improve the quality and |
| 22 | | safety of public transportation operations; |
| 23 | | (2) inform and consult with local governments and law |
| 24 | | enforcement agencies in jurisdictions in which the |
| 25 | | Authority is establishing and operating an enforcement |
| 26 | | program under subsections (c) and (d); and |
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| 1 | | (3) enter into a revenue sharing agreement with each |
| 2 | | local government in jurisdictions in which the Authority |
| 3 | | is establishing and operating an enforcement program under |
| 4 | | subsections (c) and (d). |
| 5 | | (i) The agreement shall specify what share of fee |
| 6 | | revenue resulting from violations within the |
| 7 | | jurisdiction of a local government shall be disbursed |
| 8 | | by the Authority to that local government. |
| 9 | | (ii) The share of revenue retained by the |
| 10 | | Authority under the agreement shall be at least |
| 11 | | sufficient to cover administrative and |
| 12 | | equipment-related costs required to operate the |
| 13 | | enforcement program within that jurisdiction. |
| 14 | | (f) In its enforcement programs, if any, under subsection |
| 15 | | (c) and through its cooperation with local governments and law |
| 16 | | enforcement agencies on their enforcement programs, the |
| 17 | | Authority shall strive for as much standardization as feasible |
| 18 | | throughout the metropolitan region in enforcement programs |
| 19 | | designed to improve the quality and safety of public |
| 20 | | transportation operations.
|
| 21 | | (70 ILCS 3615/2.11) (from Ch. 111 2/3, par. 702.11) |
| 22 | | Sec. 2.11. Safety. |
| 23 | | (a) The Service Boards may establish, enforce and |
| 24 | | facilitate achievement and maintenance of standards of safety |
| 25 | | against accidents with respect to public transportation |
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| 1 | | provided by the Service Boards or by Transportation Agencies |
| 2 | | transportation agencies pursuant to purchase of service |
| 3 | | agreements with the Service Boards. However, Sections 18c-7401 |
| 4 | | and 18c-7402 of the Illinois Commercial Transportation Law and |
| 5 | | all rules adopted by the Illinois Commerce Commission adopted |
| 6 | | under Sections 18c-7401 and 18c-7402 of the Illinois |
| 7 | | Commercial Transportation Law shall continue to apply to the |
| 8 | | The provisions of general or special orders, rules or |
| 9 | | regulations issued by the Illinois Commerce Commission |
| 10 | | pursuant to Section 57 of "An Act concerning public |
| 11 | | utilities", approved June 29, 1921, as amended, which pertain |
| 12 | | to public transportation and public transportation facilities |
| 13 | | of railroads will continue to apply until the Service Board |
| 14 | | determines that different standards are necessary to protect |
| 15 | | such health and safety. |
| 16 | | (b) (Blank). |
| 17 | | (c) 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 not be subject to discovery or admitted |
| 21 | | into evidence in federal or State court or considered for |
| 22 | | other purposes in any civil action for damages arising from |
| 23 | | any matter mentioned or addressed in such reports, surveys, |
| 24 | | schedules, lists, data, or information. |
| 25 | | (d) Neither the Authority nor its directors, officers, or |
| 26 | | employees nor any Service Board subject to this Section nor |
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| 1 | | its directors, officers, or employees shall be held liable in |
| 2 | | any civil action for any injury to any person or property for |
| 3 | | any acts or omissions or failure to act under this Section or |
| 4 | | pursuant to 49 CFR Part 659 as now or hereafter amended. |
| 5 | | (e) Nothing in this Section alleviates an individual's |
| 6 | | duty to comply with the State Officials and Employees Ethics |
| 7 | | Act. |
| 8 | | (Source: P.A. 102-559, eff. 8-20-21.)
|
| 9 | | (70 ILCS 3615/2.11.05 new) |
| 10 | | Sec. 2.11.05. NITA Law Enforcement Task Force. |
| 11 | | (a) The Cook County Sheriff shall establish a |
| 12 | | multijurisdictional NITA Law Enforcement Task Force led by the |
| 13 | | Cook County Sheriff's Office in cooperation with the Chicago |
| 14 | | Police Department, the METRA Police, the Illinois State |
| 15 | | Police, the sheriff's offices of other counties in the |
| 16 | | metropolitan region, and other municipal police departments in |
| 17 | | the metropolitan region. Law enforcement agencies within the |
| 18 | | metropolitan region not explicitly named in this subsection |
| 19 | | may participate on the Task Force upon request of the Cook |
| 20 | | County Sheriff. |
| 21 | | (b) The Task Force shall be created under an |
| 22 | | intergovernmental agreement and be dedicated to combating |
| 23 | | violent and other types of crime with the primary mission of |
| 24 | | preservation of life and reducing the occurrence and the fear |
| 25 | | of crime on the public transit system of the Northern Illinois |
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| 1 | | Transit Authority. The objectives of the Task Force shall |
| 2 | | include, but shall not be limited to, reducing and preventing |
| 3 | | violent crimes and other illegal activities. The Task Force |
| 4 | | shall also assist and coordinate with the Chief Transit Safety |
| 5 | | Officer in the Chief Transit Safety Officer's efforts to |
| 6 | | enforce the Authority's and Service Boards' codes of conduct |
| 7 | | and to solve quality of life issues for transit riders and |
| 8 | | staff. |
| 9 | | (c) The Task Force may develop and acquire information, |
| 10 | | training, tools, and resources necessary to implement a |
| 11 | | data-driven approach to policing, with an emphasis on: |
| 12 | | (1) preventing violent crime in known hotspots, |
| 13 | | property crime, and code of conduct violations that are |
| 14 | | crimes; and |
| 15 | | (2) identifying and arresting persons accused of |
| 16 | | violent crime. |
| 17 | | (d) The Task Force may use information sharing, |
| 18 | | partnerships, crime analysis, and evidence-based practices to |
| 19 | | assist in the reduction of violent crime, property crime, and |
| 20 | | other code of conduct violations. |
| 21 | | (e) The Task Force shall recognize and use best practices |
| 22 | | of community-oriented policing and procedural justice. The |
| 23 | | Task Force may develop potential partnerships with faith-based |
| 24 | | and community organizations to achieve its goals, including, |
| 25 | | but not limited to, partnering with social service |
| 26 | | organizations, to assist persons experiencing homelessness |
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| 1 | | obtain shelter and other services and to assist persons |
| 2 | | experiencing a mental health or behavioral crisis in |
| 3 | | connecting with appropriate services. |
| 4 | | (f) The Task Force shall identify and use best practices |
| 5 | | in deflection and diversion programs and other community-based |
| 6 | | services to redirect low level offenders and persons charged |
| 7 | | with nonviolent offenses. |
| 8 | | (g) The Task Force shall engage in violence suppression |
| 9 | | strategies, including, but not limited to, details in |
| 10 | | identified locations that have shown to be the most prone to |
| 11 | | gun violence and violent crime, focused deterrence against |
| 12 | | violent gangs and groups considered responsible for the |
| 13 | | violence in the transit system, and other intelligence driven |
| 14 | | methods deemed necessary to implement the Task Force's |
| 15 | | objectives. |
| 16 | | (h) To implement this Section, the Cook County Sheriff may |
| 17 | | establish intergovernmental agreements with law enforcement |
| 18 | | agencies in accordance with the Intergovernmental Cooperation |
| 19 | | Act. |
| 20 | | (i) Law enforcement agencies that are party to an |
| 21 | | intergovernmental agreement established under subsection (b) |
| 22 | | or (h) and that participate in activities described in |
| 23 | | subsections (c) through (g) may claim funds to defray |
| 24 | | increased costs incurred by participation in the Task Force |
| 25 | | from any available moneys provided in support of the Task |
| 26 | | Force. |
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| 1 | | (j) The Chicago Police Department shall use any resources |
| 2 | | provided for participation in the Task Force to supplement, |
| 3 | | not supplant, existing force strength currently assigned to |
| 4 | | the Mass Transit Unit within the Chicago Police Department. |
| 5 | | (k) The Authority shall provide technical, operational, |
| 6 | | and material assistance to the Task Force as necessary. The |
| 7 | | Authority's Chief Transit Safety Officer or the Chief Transit |
| 8 | | Safety Officer's designee shall participate in the Task Force |
| 9 | | to facilitate information sharing. |
| 10 | | (l) The Task Force shall coordinate with the Chief Transit |
| 11 | | Safety Officer to identify which code of conduct violations |
| 12 | | and quality of life issues shall fall under the Task Force's |
| 13 | | purview, which shall fall under the transit ambassadors' |
| 14 | | purview, and which shall require the Task Force and transit |
| 15 | | ambassadors to respond. |
| 16 | | (m) Within 6 months after the effective date of this |
| 17 | | amendatory Act of the 104th General Assembly, the Task Force |
| 18 | | shall prepare a report of recommendations for ongoing law |
| 19 | | enforcement strategies, tactics, and best practices for the |
| 20 | | Northern Illinois Transit Authority transit system. The report |
| 21 | | shall also make recommendations to be used by the Authority in |
| 22 | | implementing a sworn law enforcement officer crime prevention |
| 23 | | program on public transportation and a crime prevention plan |
| 24 | | to protect public transportation employees and riders in the |
| 25 | | metropolitan region. The Report shall be submitted to the |
| 26 | | Coordinated Safety Response Council created under Section |
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| 1 | | 2.11.20. |
| 2 | | (n) The Task Force shall disband 3 years after the |
| 3 | | effective date of this amendatory Act of the 104th General |
| 4 | | Assembly or upon the Authority's transition to a sworn law |
| 5 | | enforcement officer crime prevention program on public |
| 6 | | transportation and a crime prevention plan to protect public |
| 7 | | transportation employees and riders in the metropolitan |
| 8 | | region, whichever event occurs first. |
| 9 | | (o) Prior to disbanding, the Task Force shall cooperate |
| 10 | | with the Office of Transit Safety and Experience to develop a |
| 11 | | plan to transition from the Task Force to a sworn law |
| 12 | | enforcement officer crime prevention program on public |
| 13 | | transportation and a crime prevention plan to protect public |
| 14 | | transportation employees and riders in the metropolitan |
| 15 | | region.
|
| 16 | | (70 ILCS 3615/2.11.10 new) |
| 17 | | Sec. 2.11.10. Vote on sworn officer crime prevention |
| 18 | | program. |
| 19 | | (a) Within 1 year after the effective date of this |
| 20 | | amendatory Act of the 104th General Assembly, the Authority |
| 21 | | shall vote to implement a sworn law enforcement officer crime |
| 22 | | prevention program on public transportation and a crime |
| 23 | | prevention plan to protect public transportation employees and |
| 24 | | riders in the metropolitan region. |
| 25 | | (b) The strategy to be implemented using sworn law |
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| 1 | | enforcement to respond to crime on public transportation in |
| 2 | | the metropolitan region and to protect public transportation |
| 3 | | employees and riders shall be approved by a supermajority |
| 4 | | vote. In taking this vote, the Board shall consider |
| 5 | | recommendations provided by the NITA Law Enforcement Task |
| 6 | | Force, findings from the Coordinated Safety Council's report |
| 7 | | on the feasibility, advisability, and necessity of the |
| 8 | | program, and recommendations from the Safety Subcommittee. |
| 9 | | (c) Within 60 days of the vote to implement a sworn law |
| 10 | | enforcement officer crime prevention program on public |
| 11 | | transportation and a crime prevention plan to protect public |
| 12 | | transportation employees and riders in the metropolitan |
| 13 | | region, the Office of Transit Safety and Experience shall |
| 14 | | develop an Operational Plan to implement the selected |
| 15 | | strategy. The Operational Plan shall include the steps and |
| 16 | | schedule for transitioning from the Task Force to the sworn |
| 17 | | law enforcement officer crime prevention program on public |
| 18 | | transportation and the crime prevention plan to protect public |
| 19 | | transportation employees and riders in the metropolitan |
| 20 | | region.
|
| 21 | | (70 ILCS 3615/2.11.15 new) |
| 22 | | Sec. 2.11.15. Office of Transit Safety and Experience. |
| 23 | | (a) The Authority shall establish an Office of Transit |
| 24 | | Safety and Experience. |
| 25 | | (b) The Office shall be responsible for: |
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| 1 | | (1) developing, implementing, and overseeing a |
| 2 | | regionwide safety strategy, working with the Coordinated |
| 3 | | Safety Response Council; |
| 4 | | (2) promoting code of conduct compliance and the |
| 5 | | safety of riders and workers; |
| 6 | | (3) developing safety standards under subsection (a) |
| 7 | | of Section 2.11.30; |
| 8 | | (4) making recommendations relating to system safety |
| 9 | | for inclusion in the Authority's Strategic Plan, Annual |
| 10 | | Budget and 2-Year Financial Plan, 5-Year Capital Program, |
| 11 | | and other projects and programs; |
| 12 | | (5) making any reports and plans regarding rider and |
| 13 | | worker safety required under this Act; |
| 14 | | (6) overseeing the enforcement and facilitation of the |
| 15 | | achievement and maintenance of safety standards, the |
| 16 | | implementation of safety tools and technologies, and the |
| 17 | | conducting of customer satisfaction polling under Section |
| 18 | | 2.11; |
| 19 | | (7) coordinating and liaising with law enforcement |
| 20 | | agencies, the Task Force, social service agencies, and |
| 21 | | other government agencies or nongovernmental agencies |
| 22 | | serving the metropolitan region on safety issues and |
| 23 | | initiatives; |
| 24 | | (8) strategizing and partnering with law enforcement |
| 25 | | agencies as appropriate to ensure as much as possible that |
| 26 | | the response to safety incidents on public transit |
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| 1 | | facilities occurs pursuant to the sworn law enforcement |
| 2 | | officer crime prevention program on public transportation, |
| 3 | | the crime prevention plan to protect public transportation |
| 4 | | employees and riders in the metropolitan region, and the |
| 5 | | incident response deployment strategy developed by the |
| 6 | | Safety Coordination Council; |
| 7 | | (9) developing and overseeing policies and programs to |
| 8 | | assist riders in their use of the transit system and to |
| 9 | | connect them to other beneficial government and social |
| 10 | | services, including through partnerships and contracts |
| 11 | | with social service agencies and nongovernmental agencies |
| 12 | | that conduct outreach and provide assistance to unhoused |
| 13 | | riders; |
| 14 | | (10) collecting and analyzing data on safety incidents |
| 15 | | occurring on public transportation in the metropolitan |
| 16 | | region; and |
| 17 | | (11) developing and implementing policies and |
| 18 | | procedures for riders to provide compliments and |
| 19 | | complaints about their experiences on public |
| 20 | | transportation in the metropolitan region. |
| 21 | | (c) The Executive Director of the Authority shall, subject |
| 22 | | to the Board's approval, designate a full-time Chief Transit |
| 23 | | Safety Officer to lead and manage the Office of Transit Safety |
| 24 | | and Experience. The Chief Transit Safety Officer shall have |
| 25 | | previously served in a supervisory capacity at a law |
| 26 | | enforcement agency and report directly to the Executive |
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| 1 | | Director. The Chief Transit Safety Officer shall receive the |
| 2 | | same training that all members of the Coordinated Safety |
| 3 | | Response Council receive under subsection (h) of Section |
| 4 | | 2.11.20. |
| 5 | | (d) Personnel within the Office for Transit Safety and |
| 6 | | Experience may be organized or assigned into bureaus, |
| 7 | | sections, or divisions as determined by the Executive Director |
| 8 | | pursuant to the authority granted by this Act. |
| 9 | | (e) To implement this Section, the Authority may establish |
| 10 | | intergovernmental agreements with law enforcement agencies in |
| 11 | | accordance with the Intergovernmental Cooperation Act. |
| 12 | | (f) To implement this Section, the Authority shall enter |
| 13 | | into contracts with nongovernmental agencies to provide, or |
| 14 | | create using the staff of the Authority, programs that offer |
| 15 | | outreach and assistance to riders that are unhoused, that |
| 16 | | suffer from mental health issues, or that otherwise may |
| 17 | | benefit from social services in order to implement the |
| 18 | | recommendations of the study conducted by the Coordinated |
| 19 | | Safety Response Council within 12 months of the delivery of |
| 20 | | the report. |
| 21 | | (g) Law enforcement agencies that are party to |
| 22 | | intergovernmental agreements and nongovernmental agencies that |
| 23 | | enter into contracts with the Authority to implement the sworn |
| 24 | | law enforcement officer crime prevention program on public |
| 25 | | transportation, the crime prevention plan to protect public |
| 26 | | transportation employees and riders in the metropolitan |
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| 1 | | region, the incident response deployment strategy, or a |
| 2 | | combination thereof may claim funds to defray increased costs |
| 3 | | incurred by participation in those programs from any available |
| 4 | | moneys provided in support of the programs. |
| 5 | | (h) The Chicago Police Department shall use any resources |
| 6 | | provided to implement the sworn law enforcement officer crime |
| 7 | | prevention program on public transportation, the crime |
| 8 | | prevention plan to protect public transportation employees and |
| 9 | | riders in the metropolitan region, the incident response |
| 10 | | deployment strategy or combination thereof to supplement, not |
| 11 | | supplant, existing force strength currently assigned to the |
| 12 | | Mass Transit Unit within the Chicago Police Department.
|
| 13 | | (70 ILCS 3615/2.11.20 new) |
| 14 | | Sec. 2.11.20. Coordinated Safety Response Council. |
| 15 | | (a) The Office of Transit Safety and Experience shall |
| 16 | | create a standing Coordinated Safety Response Council to |
| 17 | | facilitate collaboration and synchronization among government |
| 18 | | agencies and nongovernmental agencies to address safety issues |
| 19 | | and social service needs for individuals working or riding on |
| 20 | | public transportations in the metropolitan region. |
| 21 | | (b) The Office of Transit Safety and Experience shall |
| 22 | | invite organizations to be members of the Coordinated Safety |
| 23 | | Response Council. Membership may include major law enforcement |
| 24 | | agencies and social service providers in the area served by |
| 25 | | the transit system. Membership shall include, at minimum, |
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| 1 | | staff representing: |
| 2 | | (1) the Authority's Chief Transit Safety Officer; |
| 3 | | (2) each Service Board; |
| 4 | | (3) the Chair of the Riders Advisory Council; |
| 5 | | (4) the Chair of the ADA Advisory Council; |
| 6 | | (5) the Cook County State's Attorney's Office; |
| 7 | | (6) the Cook County Sheriff's Office; |
| 8 | | (7) the highest ranking officer of the NITA Law |
| 9 | | Enforcement Task Force; |
| 10 | | (8) law enforcement agencies whose jurisdiction |
| 11 | | includes transit facilities operated by the Authority; |
| 12 | | (9) the Chicago Police Department; |
| 13 | | (10) the Chicago Department of Family and Support |
| 14 | | Services; |
| 15 | | (11) representatives of the labor organizations |
| 16 | | representing bus and train operators for the Chicago |
| 17 | | Transit Authority; |
| 18 | | (12) a representative from an organization currently |
| 19 | | providing alternative behavioral health, mobile crisis |
| 20 | | response; |
| 21 | | (13) a representative from an organization |
| 22 | | participating in implementation of the Community Emergency |
| 23 | | Services and Supports Act; |
| 24 | | (14) representatives from community-based |
| 25 | | organizations serving youth, people with disabilities, or |
| 26 | | individuals experiencing homelessness; |
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| 1 | | (15) a representative from the Department of Human |
| 2 | | Services; and |
| 3 | | (16) a representative from a labor organization |
| 4 | | representing bus and train operators for the Commuter Rail |
| 5 | | Division. |
| 6 | | (c) Within 9 months of the effective date of this |
| 7 | | amendatory Act of the 104th General Assembly, the Coordinated |
| 8 | | Safety Response Council shall issue a report on using sworn |
| 9 | | law enforcement officers to respond to crime on public |
| 10 | | transportation in the metropolitan region, which shall |
| 11 | | include: |
| 12 | | (1) an assessment of the feasibility, advisability, |
| 13 | | and necessity of various strategies to use sworn law |
| 14 | | enforcement officers to respond to crime on public |
| 15 | | transportation in the metropolitan region; and |
| 16 | | (2) the qualifications, composition, training, |
| 17 | | requirements, strategies, roles, and accountability |
| 18 | | measures, policies, and procedures necessary to implement |
| 19 | | the outlined strategies. |
| 20 | | (d) In evaluating the feasibility, advisability, and |
| 21 | | necessity of various strategies to use sworn law enforcement |
| 22 | | to respond to crime on public transportation, the Coordinated |
| 23 | | Safety Response Council shall consider: |
| 24 | | (1) data, outcomes, and recommendations from the NITA |
| 25 | | Law Enforcement Task Force; |
| 26 | | (2) in a holistic manner, the Authority's safety |
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| 1 | | systems and programs, including the transit ambassador |
| 2 | | program, safety, surveillance, and communication |
| 3 | | technologies, infrastructure investments, and external |
| 4 | | partnerships and contracts and investments; |
| 5 | | (3) the costs and risks associated with the various |
| 6 | | strategies; and |
| 7 | | (4) making a recommendation on the optimal strategy to |
| 8 | | use law enforcement to respond to crime on public |
| 9 | | transportation in the metropolitan region. |
| 10 | | (e) The Coordinated Safety Response Council shall be |
| 11 | | responsible for developing an incident response and long-term |
| 12 | | safety strategy, including, at minimum: |
| 13 | | (1) the appropriate responses, including sworn law |
| 14 | | enforcement and social services, for different kinds of |
| 15 | | safety or code of conduct incidents on public |
| 16 | | transportation in the region; |
| 17 | | (2) the organization responsible for deploying |
| 18 | | resources to provide the identified responses based on |
| 19 | | incident location and circumstances; |
| 20 | | (3) the agreements, contracts, or communication |
| 21 | | protocols needed for the identified organizations to |
| 22 | | implement the incident response strategy; and |
| 23 | | (4) the protocols necessary to address |
| 24 | | multijurisdiction participation in the NITA Law |
| 25 | | Enforcement Task Force and any future multijurisdictional |
| 26 | | collaborations, including: |
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| 1 | | (A) addressing legal questions of jurisdictional |
| 2 | | authority; |
| 3 | | (B) creating consistent use of force standards; |
| 4 | | (C) promoting consistent training across the |
| 5 | | multiple law enforcement entities participating in the |
| 6 | | NITA Law Enforcement Task Force; and |
| 7 | | (D) clarifying the ordinance authority held by |
| 8 | | Chicago Transit Authority to allow multiple |
| 9 | | jurisdictions to lawfully participate in the NITA Law |
| 10 | | Enforcement Task Force. |
| 11 | | (f) The incident response and long-term safety strategy |
| 12 | | shall consider actions and outcomes achievable given a |
| 13 | | baseline annual funding level of $95,000,000 from the |
| 14 | | Authority and a baseline level of spending by each local law |
| 15 | | enforcement agency participating in the council that is no |
| 16 | | less than that agency's spending relating to public |
| 17 | | transportation in Fiscal Year 2025. |
| 18 | | (g) The Coordinated Safety Response Council shall complete |
| 19 | | a comprehensive review and evaluation of the incident response |
| 20 | | and long-term safety strategy no less than once every 3 years. |
| 21 | | The Coordinated Safety Response Council shall update the |
| 22 | | incident response and long-term safety strategy as it finds |
| 23 | | necessary in its evaluation. |
| 24 | | (h) Members of the Coordinated Safety Response Council |
| 25 | | shall, at a minimum, receive or show proof that they have |
| 26 | | previously received training that is adequate in quality, |
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| 1 | | quantity, scope, and type, on the following topics: |
| 2 | | (1) constitutional and other relevant law on |
| 3 | | police-community encounters, including the law on the use |
| 4 | | of force and stops, searches, and arrests; |
| 5 | | (2) police tactics, including de-escalation; |
| 6 | | (3) impartial policing; |
| 7 | | (4) policing individuals in crisis; |
| 8 | | (5) procedural justice; and |
| 9 | | (6) cultural competency, including implicit bias and |
| 10 | | racial and ethnic sensitivity. |
| 11 | | (i) The Authority shall implement the recommendations of |
| 12 | | the Coordinated Safety Response Council in a permanent |
| 13 | | long-term safety plan as soon as possible after the completion |
| 14 | | of each report. |
| 15 | | (j) The Coordinated Safety Response Council shall study |
| 16 | | the current use of nongovernmental agencies that provide |
| 17 | | outreach and assistance to riders that (i) are unhoused, (ii) |
| 18 | | suffer from mental health issues, or (iii) otherwise may |
| 19 | | benefit from social services. Within 12 months of the |
| 20 | | effective date of this amendatory Act of the 104th General |
| 21 | | Assembly, the Coordinated Safety Response Council shall issue |
| 22 | | a report, which shall include, at a minimum: |
| 23 | | (1) an analysis of the cost and effect of these |
| 24 | | programs on the population the programs serve and the |
| 25 | | broader effect the programs have on users of the system; |
| 26 | | (2) any recommendations for changes or improvements to |
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| 1 | | existing programs; |
| 2 | | (3) strategies and best practices to expand and |
| 3 | | improve these programs throughout the Service Boards; and |
| 4 | | (4) the qualifications, composition, training, |
| 5 | | requirements, strategies, roles, and accountability |
| 6 | | measures, policies, and procedures necessary to implement |
| 7 | | the outlined recommendations.
|
| 8 | | (70 ILCS 3615/2.11.25 new) |
| 9 | | Sec. 2.11.25. Safety Subcommittee. |
| 10 | | (a) The Board shall create a standing Safety Subcommittee |
| 11 | | composed of, at minimum, one member from each appointing |
| 12 | | authority. |
| 13 | | (b) The Safety Subcommittee shall: |
| 14 | | (1) review the findings and recommendations of the |
| 15 | | Office of Transit Safety and Experience; |
| 16 | | (2) examine data on safety-related issues facing the |
| 17 | | Authority, Service Boards, and transit users and workers; |
| 18 | | (3) review efforts by the Authority to improve safety |
| 19 | | for workers and users of the public transportation system; |
| 20 | | (4) make recommendations to improve system safety; and |
| 21 | | (5) review the Authority's safety-related performance |
| 22 | | standards and reporting for accuracy and completeness and |
| 23 | | to ensure that the results are effectively conveyed to the |
| 24 | | public.
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| 1 | | (70 ILCS 3615/2.11.30 new) |
| 2 | | Sec. 2.11.30. Safety standards and investments. |
| 3 | | (a) The Authority shall establish, enforce, and facilitate |
| 4 | | achievement and maintenance of standards of safety with |
| 5 | | respect to public transportation provided by the Authority or |
| 6 | | by Transportation Agencies under a purchase of service or |
| 7 | | grant agreement. |
| 8 | | (b) The Authority shall establish standards for the design |
| 9 | | and maintenance of its facilities in ways that increase the |
| 10 | | safety of and perception of safety by users of the public |
| 11 | | transportation system. The standards shall address |
| 12 | | environmental factors that impact safety, such as the lighting |
| 13 | | of stations and bus stops. |
| 14 | | (c) The Authority shall explore and, where appropriate, |
| 15 | | deploy technologies that enhance the safety of users of the |
| 16 | | public transportation system. |
| 17 | | (d) The Authority shall ensure that public transportation |
| 18 | | system users on service provided by any Service Board or |
| 19 | | Transportation Agency can report safety issues in real time. |
| 20 | | The Authority shall develop and deploy a single feature in its |
| 21 | | mobile application that shall allow users of the public |
| 22 | | transportation system to report safety issues in real time to |
| 23 | | the Authority. The feature must connect users to law |
| 24 | | enforcement or other appropriate personnel who can respond to |
| 25 | | the user's safety concerns in a timely and meaningful manner. |
| 26 | | This feature shall be operational no later than 180 days of the |
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| 1 | | effective date of this amendatory Act of the 104th General |
| 2 | | Assembly. |
| 3 | | (e) The Authority may establish standards for other |
| 4 | | investments to improve the safety of riders and workers as |
| 5 | | deemed appropriate. |
| 6 | | (f) The Authority shall conduct customer satisfaction |
| 7 | | polling annually. The customer satisfaction polling shall |
| 8 | | collect quantitative and qualitative data about rider |
| 9 | | experience and safety, including questions that explore and |
| 10 | | measure the perception of safety, cleanliness, maintenance, |
| 11 | | availability, accessibility, dependability, rider |
| 12 | | information, and rider care by users of the public |
| 13 | | transportation system. |
| 14 | | (g) In recognition of the fact that travel by public |
| 15 | | transportation is significantly safer than travel by other |
| 16 | | means of surface transportation, the Authority shall work |
| 17 | | cooperatively with the Department of Transportation, the |
| 18 | | Illinois State Toll Highway Authority, the Chicago |
| 19 | | Metropolitan Agency for Planning, and other units of |
| 20 | | government to assist them in using investments in public |
| 21 | | transportation facilities and operations as a tool to help the |
| 22 | | Department and units of local government meet their roadway |
| 23 | | crash, fatality, and serious injury reduction goals. To the |
| 24 | | maximum extent allowed by law, the Authority is eligible to |
| 25 | | receive funding and other assistance from local, State, and |
| 26 | | federal sources so the Authority can assist in using improved |
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| 1 | | and expanded public transportation in the metropolitan region |
| 2 | | to improve safety in the surface transportation sector. |
| 3 | | (h) The security portion of the system safety program, |
| 4 | | investigation reports, surveys, schedules, lists, or data |
| 5 | | compiled, collected, or prepared by or for the Authority under |
| 6 | | this subsection shall be confidential and shall not be subject |
| 7 | | to discovery or admitted into evidence in federal or State |
| 8 | | court or considered for other purposes in any civil action for |
| 9 | | damages arising from any matter mentioned or addressed in the |
| 10 | | reports, surveys, schedules, lists, data, or information. |
| 11 | | (i) Neither the Authority or its directors, officers, or |
| 12 | | employees nor a Service Board or the Service Board's |
| 13 | | directors, officers, or employees may be held liable in any |
| 14 | | civil action for any injury to any person or property for any |
| 15 | | acts or omissions or failure to act under this Section or under |
| 16 | | 49 CFR Part 659 as now or hereafter amended. |
| 17 | | (j) Nothing in this Section alleviates an individual's |
| 18 | | duty to comply with the State Officials and Employees Ethics |
| 19 | | Act.
|
| 20 | | (70 ILCS 3615/2.11.35 new) |
| 21 | | Sec. 2.11.35. Bus shields. |
| 22 | | (a) As used in this Section, "security barrier" means a |
| 23 | | protective partition made of hard and durable materials |
| 24 | | designed to shield a fixed-route bus operator from physical |
| 25 | | assault or projectiles while maintaining visibility and |
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| 1 | | communication with passengers, that: |
| 2 | | (1) extends from the bus floor to the bus ceiling; |
| 3 | | (2) is capable of fully enclosing the bus operator's |
| 4 | | workstation and preventing the unwanted entry of persons, |
| 5 | | fluids, and objects into the bus operator's workstation; |
| 6 | | and |
| 7 | | (3) does not impede the bus operator's lines of sight |
| 8 | | from the workstation to the exterior of the bus. |
| 9 | | (b) The bus operator's workstation of any fixed-route bus |
| 10 | | operated in revenue service for the Authority, the Chicago |
| 11 | | Transportation Authority, and the Suburban Bus Division shall |
| 12 | | be equipped with a security barrier as conducive to the |
| 13 | | physical limitations of the vehicle. |
| 14 | | (c) No later than January 1, 2027, the Authority shall |
| 15 | | consult with the Chicago Transportation Authority, the |
| 16 | | Suburban Bus Division, and representatives from each labor |
| 17 | | organization representing Chicago Transportation Authority |
| 18 | | fixed-route bus operators and Suburban Bus Division |
| 19 | | fixed-route bus operators regarding security barriers, |
| 20 | | including design, materials, specifications, selection, and |
| 21 | | installation. |
| 22 | | (d) The Authority, the Chicago Transportation Authority, |
| 23 | | and the Suburban Bus Division shall complete installation of |
| 24 | | security barriers by January 1, 2028 for vehicles without |
| 25 | | limitations provided in subsection (b). |
| 26 | | (e) The procurement of new fixed-route buses operated by |
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| 1 | | the Chicago Transportation Authority shall consider the |
| 2 | | implementation of security barriers and safety of bus |
| 3 | | operators.
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| 4 | | (70 ILCS 3615/2.12b) |
| 5 | | Sec. 2.12b. Coordination of Fares and Service. Upon the |
| 6 | | request of a Service Board, the Executive Director of the |
| 7 | | Authority may, upon the affirmative vote of 11 9 of the then |
| 8 | | Directors of the Authority, intervene in any matter involving |
| 9 | | (i) a dispute between Service Boards or a Service Board and a |
| 10 | | Transportation Agency transportation agency providing service |
| 11 | | on behalf of a Service Board with respect to the terms of |
| 12 | | transfer between, and the allocation of revenues from fares |
| 13 | | and charges for, transportation services provided by the |
| 14 | | parties or (ii) a dispute between 2 Service Boards with |
| 15 | | respect to coordination of service, route duplication, or a |
| 16 | | change in service. Any Service Board or Transportation Agency |
| 17 | | transportation agency involved in such dispute shall meet with |
| 18 | | the Executive Director, cooperate in good faith to attempt to |
| 19 | | resolve the dispute, and provide any books, records, and other |
| 20 | | information requested by the Executive Director. If the |
| 21 | | Executive Director is unable to mediate a resolution of any |
| 22 | | dispute, he or she may provide a written determination |
| 23 | | recommending a change in the fares or charges or the |
| 24 | | allocation of revenues for such service or directing a change |
| 25 | | in the nature or provider of service that is the subject of the |
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| 1 | | dispute. The Executive Director shall base such determination |
| 2 | | upon the goals and objectives of the Strategic Plan |
| 3 | | established pursuant to Section 2.01a(b). Such determination |
| 4 | | shall be presented to the Board of the Authority and, if |
| 5 | | approved by the affirmative vote of at least 11 9 of the then |
| 6 | | Directors of the Authority, shall be final and shall be |
| 7 | | implemented by any affected Service Board and Transportation |
| 8 | | Agency transportation agency within the time frame required by |
| 9 | | the determination. |
| 10 | | (Source: P.A. 95-708, eff. 1-18-08.)
|
| 11 | | (70 ILCS 3615/2.14) (from Ch. 111 2/3, par. 702.14) |
| 12 | | Sec. 2.14. Appointment of Officers and Employees. The |
| 13 | | Authority may appoint, retain, and employ officers, attorneys, |
| 14 | | agents, engineers and employees. The officers shall include an |
| 15 | | Executive Director, who shall be the chief executive officer |
| 16 | | of the Authority, appointed by the Chair Chairman with the |
| 17 | | concurrence of 11 of the other then Directors of the Board. The |
| 18 | | initial Executive Director appointed under this amendatory act |
| 19 | | of the 104th General Assembly shall be confirmed by the |
| 20 | | Illinois State Senate. The Executive Director shall organize |
| 21 | | the staff of the Authority, shall allocate their functions and |
| 22 | | duties, may shall transfer such staff to the Service Boards or |
| 23 | | Transportation Agencies when deemed necessary or advisable |
| 24 | | Suburban Bus Division and the Commuter Rail Division as is |
| 25 | | sufficient to meet their purposes, shall fix compensation and |
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| 1 | | conditions of employment of the staff of the Authority, and |
| 2 | | consistent with the policies of and direction from the Board, |
| 3 | | take all actions necessary to achieve its purposes, fulfill |
| 4 | | its responsibilities and carry out its powers, and shall have |
| 5 | | such other powers and responsibilities as the Board shall |
| 6 | | determine. The Executive Director must be an individual of |
| 7 | | proven transportation and management skills and may not be a |
| 8 | | member of the Board. The Authority may employ its own |
| 9 | | professional management personnel to provide professional and |
| 10 | | technical expertise concerning its purposes and powers and to |
| 11 | | assist it in assessing the performance of the Service Boards |
| 12 | | in the metropolitan region. |
| 13 | | No employee, officer, or agent of the Authority may |
| 14 | | receive a bonus that exceeds 10% of his or her annual salary |
| 15 | | unless that bonus has been reviewed by the Board for a period |
| 16 | | of 14 days. After 14 days, the bonus contract shall be |
| 17 | | considered reviewed. This Section does not apply to usual and |
| 18 | | customary salary 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 Authority shall |
| 23 | | establish regulations to insure that its discharges shall not |
| 24 | | be arbitrary and that hiring and promotion are based on merit. |
| 25 | | The Authority shall be subject to the "Illinois Human |
| 26 | | Rights Act", as now or hereafter amended, and the remedies and |
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| 1 | | procedure established under that Act thereunder. The Authority |
| 2 | | shall file an affirmative action program for employment by it |
| 3 | | with the Department of Human Rights to ensure that applicants |
| 4 | | are employed and that employees are treated during employment, |
| 5 | | without regard to unlawful discrimination. Such affirmative |
| 6 | | action program shall include provisions relating to hiring, |
| 7 | | upgrading, demotion, transfer, recruitment, recruitment |
| 8 | | advertising, selection for training and rates of pay or other |
| 9 | | forms of compensation. |
| 10 | | (Source: P.A. 98-1027, eff. 1-1-15.)
|
| 11 | | (70 ILCS 3615/2.16) (from Ch. 111 2/3, par. 702.16) |
| 12 | | Sec. 2.16. Employee Protection. |
| 13 | | (a) The Authority shall ensure insure that every employee |
| 14 | | of the Authority or of a Service Board or Transportation |
| 15 | | Agency transportation agency shall receive fair and equitable |
| 16 | | protection against actions of the Authority which shall not be |
| 17 | | less than those established pursuant to Section 13(c) of the |
| 18 | | Urban Mass Transportation Act of 1964, as amended (49 U.S.C. |
| 19 | | Sec. 5333(b) 1609(c)), and Section 405(b) of the Rail |
| 20 | | Passenger Service Act of 1970, as amended (45 U.S.C. Sec. |
| 21 | | 565(b)), and as prescribed by the United States Secretary of |
| 22 | | Labor thereunder, at the time of the protective agreement or |
| 23 | | arbitration decision providing protection. |
| 24 | | (b) The Authority shall negotiate or arrange for the |
| 25 | | negotiation of such fair and equitable employee arrangements |
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| 1 | | with the employees, through their accredited representatives |
| 2 | | authorized to act for them. If agreement cannot be reached on |
| 3 | | the terms of such protective arrangement, any party may submit |
| 4 | | any matter in dispute to arbitration. In such arbitration, |
| 5 | | each party shall have the right to select non-voting |
| 6 | | arbitration board members. The impartial arbitrator will be |
| 7 | | selected by the American Arbitration Association and appointed |
| 8 | | from a current listing of the membership of the National |
| 9 | | Academy of Arbitrators, upon request of any party. The |
| 10 | | impartial arbitrator's decision shall be final and binding on |
| 11 | | all parties. Each party shall pay an equal proportionate share |
| 12 | | of the impartial arbitrator's fees and expenses. |
| 13 | | (c) For purposes of Sections 2.15 through 2.19, "actions |
| 14 | | of the Authority" include its acquisition and operation of |
| 15 | | public transportation facilities, the execution of purchase of |
| 16 | | service agreements and grant contracts made under this Act and |
| 17 | | the coordination, reorganization, combining, leasing, merging |
| 18 | | of operations or the expansion or curtailment of public |
| 19 | | transportation service or facilities by the Authority, but |
| 20 | | does not include a failure or refusal to enter into a purchase |
| 21 | | of service agreement or grant contract. |
| 22 | | (Source: P.A. 91-357, eff. 7-29-99.)
|
| 23 | | (70 ILCS 3615/2.18a) (from Ch. 111 2/3, par. 702.18a) |
| 24 | | Sec. 2.18a. (a) The provisions of this Section apply to |
| 25 | | collective bargaining agreements (including extensions and |
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| 1 | | amendments to existing agreements) between Service Boards or |
| 2 | | Transportation Agencies transportation agencies subject to the |
| 3 | | jurisdiction of Service Boards and their employees, which are |
| 4 | | entered into after January 1, 1984. |
| 5 | | (b) The Authority shall approve amended budgets prepared |
| 6 | | by Service Boards which incorporate the costs of collective |
| 7 | | bargaining agreements between Service Boards and their |
| 8 | | employees. The Authority shall approve such an amended budget |
| 9 | | provided that it determines by a supermajority the affirmative |
| 10 | | vote of 12 of its then members that the amended budget meets |
| 11 | | the standards established in Section 4.11. |
| 12 | | (Source: P.A. 95-708, eff. 1-18-08.)
|
| 13 | | (70 ILCS 3615/2.19) (from Ch. 111 2/3, par. 702.19) |
| 14 | | Sec. 2.19. Labor Relations Procedures. |
| 15 | | (a) Whenever the Authority proposes to operate or to enter |
| 16 | | into a contract to operate any new public transportation |
| 17 | | facility which may result in the displacement of employees or |
| 18 | | the rearrangement of the working forces of the Authority, or |
| 19 | | of the Service Boards Chicago Transit Authority or of any |
| 20 | | Transportation Agency transportation agency, the Authority |
| 21 | | shall give at least 90 days written notice of such proposed |
| 22 | | operations to the representatives of the employees affected |
| 23 | | and the Authority shall provide for the selection of forces to |
| 24 | | perform the work of that facility on the basis of agreement |
| 25 | | between the Authority and the representatives of such |
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| 1 | | employees. In the event of failure to agree, the dispute may be |
| 2 | | submitted by the Authority or by any representative of the |
| 3 | | employees affected to final and binding arbitration by an |
| 4 | | impartial arbitrator to be selected by the American |
| 5 | | Arbitration Association from a current listing of arbitrators |
| 6 | | of the National Academy of Arbitrators. |
| 7 | | (b) In case of any labor dispute not otherwise governed by |
| 8 | | this Act, by the Labor Management Relations Act, as amended, |
| 9 | | the Railway Labor Act, as amended, or by impasse resolution |
| 10 | | provisions in a collective bargaining or protective agreement |
| 11 | | involving the Authority, the Service Boards Chicago Transit |
| 12 | | Authority or any Transportation Agency transportation agency |
| 13 | | financed in whole or in part by the Authority and the employees |
| 14 | | of the Authority, the Service Boards, or of the Chicago |
| 15 | | Transit Authority or any such Transportation Agency |
| 16 | | transportation agency, which is not settled by the parties |
| 17 | | thereto within 30 days from the date of commencement of |
| 18 | | negotiations, either party may request the assistance of a |
| 19 | | mediator appointed by either the State or Federal Mediation |
| 20 | | and Conciliation Service, who shall seek to resolve the |
| 21 | | dispute. In the event that the dispute is not resolved by |
| 22 | | mediation within a reasonable period, the mediator shall |
| 23 | | certify to the parties that an impasse exists. Upon receipt of |
| 24 | | the mediator's certification, any party to the dispute may, |
| 25 | | within 7 days, submit the dispute to a fact-finder fact finder |
| 26 | | who shall be selected by the parties pursuant to the rules of |
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| 1 | | the American Arbitration Association from a current listing of |
| 2 | | members of the National Academy of Arbitrators supplied by the |
| 3 | | AAA. The fact-finder fact finder shall have the duty to hold |
| 4 | | hearings, or otherwise take evidence from the parties under |
| 5 | | such other arrangements as they may agree. Upon completion of |
| 6 | | the parties' submissions, the fact-finder fact finder shall |
| 7 | | have the power to issue and make public findings and |
| 8 | | recommendations, or to refer the dispute back to the parties |
| 9 | | for such other appropriate action as he may recommend. In the |
| 10 | | event that the parties do not reach agreement after the |
| 11 | | issuance of the fact-finder's fact finder's report and |
| 12 | | recommendations, or in cases where neither party requests |
| 13 | | fact-finding fact finding, the Authority shall offer to submit |
| 14 | | the dispute to arbitration by a board composed of 3 persons, |
| 15 | | one appointed by the Authority, one appointed by the labor |
| 16 | | organization representing the employees, and a third member to |
| 17 | | be agreed upon by the labor organization and the Authority. |
| 18 | | The member agreed upon by the labor organization and the |
| 19 | | Authority shall act as chairman of the board. The |
| 20 | | determination of the majority of the board of arbitration thus |
| 21 | | established shall be final and binding on all matters in |
| 22 | | dispute. If, after a period of 10 days from the date of the |
| 23 | | appointment of the two arbitrators representing the Authority |
| 24 | | and the labor organization, the third arbitrator has not been |
| 25 | | selected, then either arbitrator may request the American |
| 26 | | Arbitration Association to furnish from a current listing of |
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| 1 | | the membership of the National Academy of Arbitrators the |
| 2 | | names of 7 such members of the National Academy from which the |
| 3 | | third arbitrator shall be selected. The arbitrators appointed |
| 4 | | by the Authority and the labor organization, promptly after |
| 5 | | the receipt of such list, shall determine by lot the order of |
| 6 | | elimination, and thereafter each shall in that order |
| 7 | | alternately eliminate one name until only one name remains. |
| 8 | | The remaining person on the list shall be the third |
| 9 | | arbitrator. The term "labor dispute" shall be broadly |
| 10 | | construed and shall include any controversy concerning wages, |
| 11 | | salaries, hours, working conditions, or benefits, including |
| 12 | | health and welfare, sick leave, insurance, or pension or |
| 13 | | retirement provisions, but not limited thereto, and including |
| 14 | | any controversy concerning any differences or questions that |
| 15 | | may arise between the parties including but not limited to the |
| 16 | | making or maintaining of collective bargaining agreements, the |
| 17 | | terms to be included in such agreements, and the |
| 18 | | interpretation or application of such collective bargaining |
| 19 | | agreements and any grievance that may arise. Each party shall |
| 20 | | pay one-half of the expenses of such arbitration. |
| 21 | | (Source: P.A. 83-886.)
|
| 22 | | (70 ILCS 3615/2.24) (from Ch. 111 2/3, par. 702.24) |
| 23 | | Sec. 2.24. Drug and alcohol testing. The Regional |
| 24 | | Transportation Authority, and all of the Service Boards |
| 25 | | subject to the Authority, including the Chicago Transit |
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| 1 | | Transportation Authority, shall be responsible for the |
| 2 | | establishment, maintenance, administration and enforcement of |
| 3 | | a comprehensive drug and alcohol testing program which is in |
| 4 | | absolute conformity with Federal statutes and regulations |
| 5 | | currently in effect. |
| 6 | | (Source: P.A. 88-619, eff. 1-1-95.)
|
| 7 | | (70 ILCS 3615/2.30) |
| 8 | | Sec. 2.30. Paratransit services. |
| 9 | | (a) For purposes of this Act, "ADA paratransit services" |
| 10 | | shall mean those comparable or specialized transportation |
| 11 | | services provided by, or under grant or purchase of service |
| 12 | | contracts of, the Service Boards to individuals with |
| 13 | | disabilities who are unable to use fixed route transportation |
| 14 | | systems and who are determined to be eligible, for some or all |
| 15 | | of their trips, for such services under the Americans with |
| 16 | | Disabilities Act of 1990 and its implementing regulations. |
| 17 | | (b) Beginning July 1, 2005, the Authority is responsible |
| 18 | | for the funding, from amounts on deposit in the ADA |
| 19 | | Paratransit Fund established under Section 2.01d of this Act, |
| 20 | | financial review and oversight of all ADA paratransit services |
| 21 | | that are provided by the Authority or by any of the Service |
| 22 | | Boards. The Suburban Bus Board shall operate or provide for |
| 23 | | the operation of all ADA paratransit services by no later than |
| 24 | | July 1, 2006, except that this date may be extended to the |
| 25 | | extent necessary to obtain approval from the Federal Transit |
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| 1 | | Administration of the plan prepared pursuant to subsection |
| 2 | | (c). |
| 3 | | (c) No later than January 1, 2006, the Authority, in |
| 4 | | collaboration with the Suburban Bus Board and the Chicago |
| 5 | | Transit Authority, shall develop a plan for the provision of |
| 6 | | ADA paratransit services and submit such plan to the Federal |
| 7 | | Transit Administration for approval. Approval of such plan by |
| 8 | | the Authority shall require a supermajority vote the |
| 9 | | affirmative votes of 12 of the then Directors. The Suburban |
| 10 | | Bus Board, the Chicago Transit Authority and the Authority |
| 11 | | shall comply with the requirements of the Americans with |
| 12 | | Disabilities Act of 1990 and its implementing regulations in |
| 13 | | developing and approving such plan including, without |
| 14 | | limitation, consulting with individuals with disabilities and |
| 15 | | groups representing them in the community, and providing |
| 16 | | adequate opportunity for public comment and public hearings. |
| 17 | | The plan shall include the contents required for a paratransit |
| 18 | | plan pursuant to the Americans with Disabilities Act of 1990 |
| 19 | | and its implementing regulations. The plan shall also include, |
| 20 | | without limitation, provisions to: |
| 21 | | (1) maintain, at a minimum, the levels of ADA |
| 22 | | paratransit service that are required to be provided by |
| 23 | | the Service Boards pursuant to the Americans with |
| 24 | | Disabilities Act of 1990 and its implementing regulations; |
| 25 | | (2) transfer the appropriate ADA paratransit services, |
| 26 | | management, personnel, service contracts and assets from |
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| 1 | | the Chicago Transit Authority to the Authority or the |
| 2 | | Suburban Bus Board, as necessary, by no later than July 1, |
| 3 | | 2006, except that this date may be extended to the extent |
| 4 | | necessary to obtain approval from the Federal Transit |
| 5 | | Administration of the plan prepared pursuant to this |
| 6 | | subsection (c); |
| 7 | | (3) provide for consistent policies throughout the |
| 8 | | metropolitan region for scheduling of ADA paratransit |
| 9 | | service trips to and from destinations, with consideration |
| 10 | | of scheduling of return trips on a "will-call" open-ended |
| 11 | | basis upon request of the rider, if practicable, and with |
| 12 | | consideration of an increased number of trips available by |
| 13 | | subscription service than are available as of the |
| 14 | | effective date of this amendatory Act; |
| 15 | | (4) provide that service contracts and rates, entered |
| 16 | | into or set after the approval by the Federal Transit |
| 17 | | Administration of the plan prepared pursuant to subsection |
| 18 | | (c) of this Section, with private carriers and taxicabs |
| 19 | | for ADA paratransit service are procured by means of an |
| 20 | | open procurement process; |
| 21 | | (5) provide for fares, fare collection and billing |
| 22 | | procedures for ADA paratransit services throughout the |
| 23 | | metropolitan region; |
| 24 | | (6) provide for performance standards for all ADA |
| 25 | | paratransit service transportation carriers, with |
| 26 | | consideration of door-to-door service; |
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| 1 | | (7) provide, in cooperation with the Illinois |
| 2 | | Department of Transportation, the Illinois Department of |
| 3 | | Public Aid and other appropriate public agencies and |
| 4 | | private entities, for the application and receipt of |
| 5 | | grants, including, without limitation, reimbursement from |
| 6 | | Medicaid or other programs for ADA paratransit services; |
| 7 | | (8) provide for a system of dispatch of ADA |
| 8 | | paratransit services transportation carriers throughout |
| 9 | | the metropolitan region, with consideration of |
| 10 | | county-based dispatch systems already in place as of the |
| 11 | | effective date of this amendatory Act; |
| 12 | | (9) provide for a process of determining eligibility |
| 13 | | for ADA paratransit services that complies with the |
| 14 | | Americans with Disabilities Act of 1990 and its |
| 15 | | implementing regulations; |
| 16 | | (10) provide for consideration of innovative methods |
| 17 | | to provide and fund ADA paratransit services; and |
| 18 | | (11) provide for the creation of one or more ADA |
| 19 | | advisory boards, or the reconstitution of the existing ADA |
| 20 | | advisory boards for the Service Boards, to represent the |
| 21 | | diversity of individuals with disabilities in the |
| 22 | | metropolitan region and to provide appropriate ongoing |
| 23 | | input from individuals with disabilities into the |
| 24 | | operation of ADA paratransit services. |
| 25 | | (d) All revisions and annual updates to the ADA |
| 26 | | paratransit services plan developed pursuant to subsection (c) |
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| 1 | | of this Section, or certifications of continued compliance in |
| 2 | | lieu of plan updates, that are required to be provided to the |
| 3 | | Federal Transit Administration shall be developed by the |
| 4 | | Authority, in collaboration with the Suburban Bus Board and |
| 5 | | the Chicago Transit Authority, and the Authority shall submit |
| 6 | | such revision, update or certification to the Federal Transit |
| 7 | | Administration for approval. Approval of such revisions, |
| 8 | | updates or certifications by the Authority shall require a |
| 9 | | supermajority vote the affirmative votes of 12 of the then |
| 10 | | Directors. |
| 11 | | (e) The Illinois Department of Transportation, the |
| 12 | | Illinois Department of Public Aid, the Authority, the Suburban |
| 13 | | Bus Board and the Chicago Transit Authority shall enter into |
| 14 | | intergovernmental agreements as may be necessary to provide |
| 15 | | funding and accountability for, and implementation of, the |
| 16 | | requirements of this Section. |
| 17 | | (f) By no later than April 1, 2007, the Authority shall |
| 18 | | develop and submit to the General Assembly and the Governor a |
| 19 | | funding plan for ADA paratransit services. Approval of such |
| 20 | | plan by the Authority shall require a supermajority vote the |
| 21 | | affirmative votes of 12 of the then Directors. The funding |
| 22 | | plan shall, at a minimum, contain an analysis of the current |
| 23 | | costs of providing ADA paratransit services, projections of |
| 24 | | the long-term costs of providing ADA paratransit services, |
| 25 | | identification of and recommendations for possible cost |
| 26 | | efficiencies in providing ADA paratransit services, and |
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| 1 | | identification of and recommendations for possible funding |
| 2 | | sources for providing ADA paratransit services. The Illinois |
| 3 | | Department of Transportation, the Illinois Department of |
| 4 | | Public Aid, the Suburban Bus Board, the Chicago Transit |
| 5 | | Authority and other State and local public agencies as |
| 6 | | appropriate shall cooperate with the Authority in the |
| 7 | | preparation of such funding plan. |
| 8 | | (g) Any funds derived from the federal Medicaid program |
| 9 | | for reimbursement of the costs of providing ADA paratransit |
| 10 | | services within the metropolitan region shall be directed to |
| 11 | | the Authority and shall be used to pay for or reimburse the |
| 12 | | costs of providing such services. |
| 13 | | (h) Nothing in this amendatory Act shall be construed to |
| 14 | | conflict with the requirements of the Americans with |
| 15 | | Disabilities Act of 1990 and its implementing regulations. |
| 16 | | (Source: P.A. 94-370, eff. 7-29-05; 95-708, eff. 1-18-08.)
|
| 17 | | (70 ILCS 3615/2.39) |
| 18 | | Sec. 2.39. Prioritization process for Northeastern |
| 19 | | Illinois transit capital projects. |
| 20 | | (a) The Authority shall develop a transparent |
| 21 | | prioritization process for metropolitan region transit capital |
| 22 | | projects to identify projects that will most effectively |
| 23 | | achieve the goals of the Strategic Plan and improve the |
| 24 | | quality of public transportation services contemplated by the |
| 25 | | service standards, to the extent service standards have been |
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| 1 | | adopted. The Authority shall develop a transparent |
| 2 | | prioritization process for Northeastern Illinois transit |
| 3 | | projects receiving State capital funding. The prioritization |
| 4 | | process must consider, at a minimum: (1) access to key |
| 5 | | destinations such as jobs, retail, healthcare, and recreation, |
| 6 | | (2) reliability improvement, (3) capacity needs, (4) safety, |
| 7 | | (5) state of good repair, (6) racial equity and mobility |
| 8 | | justice, and (7) economic development. All State capital |
| 9 | | funding awards shall be made by the Regional Transportation |
| 10 | | Authority in accordance with the prioritization process. An |
| 11 | | appropriate public input process shall be established. The |
| 12 | | Authority shall make a report to the General Assembly each |
| 13 | | year describing the prioritization process and its use in |
| 14 | | funding awards. |
| 15 | | (b) The Authority shall use the prioritization process |
| 16 | | when developing its 5-year Capital Program under Section 2.01b |
| 17 | | and for its other capital planning processes. A summary of the |
| 18 | | project evaluation process, measures, program, and scores or |
| 19 | | prioritization criteria for all candidate projects shall be |
| 20 | | published on the Authority's website in a timely manner. |
| 21 | | (c) The prioritization process must consider, at a |
| 22 | | minimum: |
| 23 | | (1) increasing access to key destinations, such as |
| 24 | | jobs, retail, healthcare, and recreation; |
| 25 | | (2) reliability improvements; |
| 26 | | (3) capacity needs; |
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| 1 | | (4) safety; |
| 2 | | (5) state of good repair; |
| 3 | | (6) racial equity and mobility justice; |
| 4 | | (7) environmental protection; |
| 5 | | (8) the service standards; |
| 6 | | (9) economic development; and |
| 7 | | (10) improving physical access to bus stops, transit |
| 8 | | vehicles, and transit facilities. Starting April 1, 2022, |
| 9 | | no project shall be included in the 5-year capital |
| 10 | | program, or amendments to that program, without being |
| 11 | | evaluated under the selection process described in this |
| 12 | | Section. |
| 13 | | (d) All capital funding awards shall be made by the |
| 14 | | Authority in accordance with the prioritization process. An |
| 15 | | appropriate public input process shall be established. The |
| 16 | | Authority shall make a report to the General Assembly each |
| 17 | | year describing the prioritization process and its use in |
| 18 | | funding awards. |
| 19 | | (e) A summary of the project evaluation process, measures, |
| 20 | | program, and scores or prioritization criteria for all |
| 21 | | candidate projects shall be published on the Authority's |
| 22 | | website in a timely manner. |
| 23 | | (f) No project shall be included in the 5-year Capital |
| 24 | | Program, or amendments to that Program, without being |
| 25 | | evaluated under the selection process described in this |
| 26 | | Section. |
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| 1 | | (Source: P.A. 102-573, eff. 8-24-21.)
|
| 2 | | (70 ILCS 3615/2.40) |
| 3 | | Sec. 2.40. Suspension of riding privileges and |
| 4 | | confiscation of fare media. |
| 5 | | (a) As used in this Section, "demographic information" |
| 6 | | includes, but is not limited to, age, race, ethnicity, gender, |
| 7 | | and housing status, as that term is defined under Section 10 of |
| 8 | | the Bill of Rights for the Homeless Act. |
| 9 | | (b) Suspension of riding privileges and confiscation of |
| 10 | | fare media are limited to: |
| 11 | | (1) violations where the person's conduct places |
| 12 | | transit employees or transit passengers in reasonable |
| 13 | | apprehension of a threat to their safety or the safety of |
| 14 | | others, including assault and battery, as those terms are |
| 15 | | defined under Sections 12-1 and 12-3 of the Criminal Code |
| 16 | | of 2012; |
| 17 | | (2) violations where the person's conduct places |
| 18 | | transit employees or transit passengers in reasonable |
| 19 | | apprehension of a threat of a criminal sexual assault, as |
| 20 | | that term is defined under Section 11-1.20 of the Criminal |
| 21 | | Code of 2012; and |
| 22 | | (3) violations involving an act of public indecency, |
| 23 | | as that term is defined in Section 11-30 of the Criminal |
| 24 | | Code of 2012. |
| 25 | | (c) Written notice shall be provided to an individual |
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| 1 | | regarding the suspension of the individual's riding privileges |
| 2 | | or confiscation of fare media. The notice shall be provided in |
| 3 | | person at the time of the alleged violation, except that, if |
| 4 | | providing notice in person at the time of the alleged |
| 5 | | violation is not practicable, then the Authority shall make a |
| 6 | | reasonable effort to provide notice to the individual by |
| 7 | | personal service, by mailing a copy of the notice by certified |
| 8 | | mail, return receipt requested, and first-class mail to the |
| 9 | | person's current address, or by emailing a copy of the notice |
| 10 | | to an email address on file, if available. If the person is |
| 11 | | known to be detained in jail, service shall be made as provided |
| 12 | | under Section 2-203.2 of the Code of Civil Procedure. The |
| 13 | | written notice shall be sufficient to inform the individual |
| 14 | | about the following: |
| 15 | | (1) the nature of the suspension of riding privileges |
| 16 | | or confiscation of fare media; |
| 17 | | (2) the person's rights and available remedies to |
| 18 | | contest or appeal the suspension of riding privileges or |
| 19 | | confiscation of fare media and to apply for reinstatement |
| 20 | | of riding privileges; and |
| 21 | | (3) the procedures for adjudicating whether a |
| 22 | | suspension or confiscation is warranted and for applying |
| 23 | | for reinstatement of riding privileges, including the time |
| 24 | | and location of any hearing. |
| 25 | | The process to determine whether a suspension or riding |
| 26 | | privileges or confiscation of fare media is warranted and the |
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| 1 | | length of the suspension shall be concluded within 30 business |
| 2 | | days after the individual receives notice of the suspension or |
| 3 | | confiscation. |
| 4 | | Notwithstanding any other provision of this Section, no |
| 5 | | person shall be denied the ability to contest or appeal a |
| 6 | | suspension of riding privileges or confiscation of fare media, |
| 7 | | or to attend a hearing to determine whether a suspension or |
| 8 | | confiscation was warranted, because the person was detained in |
| 9 | | a jail. |
| 10 | | (d) The Authority Each Service Board shall create an |
| 11 | | administrative suspension hearing process as follows: |
| 12 | | (1) The Authority A Service Board shall designate an |
| 13 | | official to oversee the administrative process to decide |
| 14 | | whether a suspension is warranted and the length of the |
| 15 | | suspension. |
| 16 | | (2) The accused and related parties, including legal |
| 17 | | counsel, may attend this hearing in person, by telephone, |
| 18 | | or virtually. |
| 19 | | (3) The Authority Service Board shall present the |
| 20 | | suspension-related evidence and outline the evidence that |
| 21 | | supports the need for the suspension. |
| 22 | | (4) The accused or the accused's legal counsel can |
| 23 | | present and may make an oral or written presentation and |
| 24 | | offer documents, including affidavits, in response to the |
| 25 | | Service Board's evidence. |
| 26 | | (5) The Authority's Service Board's designated |
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| 1 | | official shall make a finding on the suspension. |
| 2 | | (6) The value of unexpended credit or unexpired passes |
| 3 | | shall be reimbursed upon suspension of riding privileges |
| 4 | | or confiscation of fare media. |
| 5 | | (7) The alleged victims of the violation and related |
| 6 | | parties, including witnesses who were present, may attend |
| 7 | | this hearing in person, by telephone, or virtually. |
| 8 | | (8) The alleged victims of the violation and related |
| 9 | | parties, including witnesses who were present, can present |
| 10 | | and may make an oral or written presentation and offer |
| 11 | | documents, including affidavits, in response to the |
| 12 | | Service Board's evidence. |
| 13 | | (e) The Authority Each Service Board shall create a |
| 14 | | process to appeal and reinstate ridership privileges. This |
| 15 | | information shall be provided to the suspended rider at the |
| 16 | | time of the Authority's Service Board's findings. A suspended |
| 17 | | rider is entitled to 2 appeals after the Authority's Service |
| 18 | | Board's finding to suspend the person's ridership. A suspended |
| 19 | | rider may petition the Authority Service Board to reinstate |
| 20 | | the person's ridership privileges one calendar year after the |
| 21 | | Authority's Service Board's suspension finding if the length |
| 22 | | of the suspension is more than one year. |
| 23 | | (f) The Authority Each Service Board shall collect, |
| 24 | | report, and make publicly available in a quarterly timeframe |
| 25 | | the number and demographic information of people subject to |
| 26 | | suspension of riding privileges or confiscation of fare media, |
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| 1 | | the conduct leading to the suspension or confiscation, as well |
| 2 | | as the location and description of the location where the |
| 3 | | conduct occurred, such as identifying the transit station or |
| 4 | | transit line, date, and time of day, a citation to the |
| 5 | | statutory authority for which the accused person was arrested |
| 6 | | or charged, the amount, if any, on the fare media, and the |
| 7 | | length of the suspension. |
| 8 | | (Source: P.A. 103-281, eff. 1-1-24.)
|
| 9 | | (70 ILCS 3615/2.41) |
| 10 | | Sec. 2.41. Fast-track authority Domestic Violence and |
| 11 | | Sexual Assault Regional Transit Authority Public |
| 12 | | Transportation Assistance Program. |
| 13 | | (a) The Board may designate select projects in the 5-Year |
| 14 | | Capital Program to be authorized using a fast-track process to |
| 15 | | be approved along with the 5-Year Capital Program. |
| 16 | | (1) To be considered for fast-track authorization, a |
| 17 | | project must meet each of the following criteria: |
| 18 | | (A) It must have over $250,000,000 in 5-year |
| 19 | | funding programmed in the 5-Year Capital Program. |
| 20 | | (B) It must have demonstrated local support in the |
| 21 | | affected area, as evidenced by comments at public |
| 22 | | meetings, letters of support from local officials, |
| 23 | | survey responses, or similar expressions of support. |
| 24 | | (C) It must document benefits from techniques |
| 25 | | recognized to lower costs, such as the use of itemized |
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| 1 | | costs, standardized designs, or increased in-house |
| 2 | | staff to manage contracts. |
| 3 | | (2) The Board shall hold the following hearings for |
| 4 | | each fast-track project to demonstrate how the project |
| 5 | | meets the eligibility criteria before final approval of |
| 6 | | the 5-Year Capital Program. Before adopting a 5-Year |
| 7 | | Capital Program with one or more fast-track projects, the |
| 8 | | Board must meet with and attempt to address concerns |
| 9 | | raised by (i) the county board president or county |
| 10 | | executive of each county within which any construction |
| 11 | | activity for the proposed fast-track projects is to be |
| 12 | | conducted; (ii) the mayor of Chicago if any fast-track |
| 13 | | project construction activity may occur within Chicago; |
| 14 | | and (iii) the Department of Transportation if any |
| 15 | | fast-track project construction activity will affect |
| 16 | | highway rights-of-way under State jurisdiction. |
| 17 | | (b) Once the Board has presented the fast-track project, |
| 18 | | the Board may approve its fast-track status as part of the |
| 19 | | 5-year Capital Program. Upon confirmation of fast-track |
| 20 | | status, the Authority or the relevant Service Board shall |
| 21 | | notify the State and any unit of local government or public |
| 22 | | utility affected by any proposed construction, acquisition, or |
| 23 | | other activity related to the fast-track project. Any |
| 24 | | agreements, such as cost-sharing agreements for utility |
| 25 | | relocation, project betterments, and site access, between the |
| 26 | | Authority or a Service Board and the State, unit of local |
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| 1 | | government, private or public utilities, or private property |
| 2 | | owners shall be negotiated and executed before fast-track |
| 3 | | projects are finalized and construction contracts are |
| 4 | | executed. |
| 5 | | (1) If construction related to the fast-track project |
| 6 | | will require access to a roadway or right-of-way that is |
| 7 | | under the jurisdiction of the State or a unit of local |
| 8 | | government, the Authority shall provide notice to the |
| 9 | | governmental entity from which the Authority anticipates |
| 10 | | seeking right-of-way access upon completion of the |
| 11 | | preliminary plan and shall provide updates throughout the |
| 12 | | planning stage. Upon completion of final plans, the |
| 13 | | Authority shall request access to roadways or |
| 14 | | right-of-ways, if necessary, from the government entity |
| 15 | | with jurisdiction over the property. The Authority's |
| 16 | | request must comply with any existing requirements of the |
| 17 | | State or unit of local government for access to its |
| 18 | | roadways or, at minimum, include detailed construction |
| 19 | | plans, safety measures, and plans for mitigating traffic |
| 20 | | and inconvenience caused by the work. |
| 21 | | Once an access request is received and complete |
| 22 | | information has been provided, as determined by the State |
| 23 | | or unit of local government from which the Authority seeks |
| 24 | | access, the government entity with jurisdiction over the |
| 25 | | relevant roadway will have 60 days to process and respond |
| 26 | | to the Authority's request. If the State or unit of local |
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| 1 | | government requires additional information or adjustments |
| 2 | | to the Authority's plans, it will work with the Authority |
| 3 | | for an additional 45 days to complete its review. If the |
| 4 | | State or unit of local government fails or is unable to |
| 5 | | approve the Authority's request within 120 days, the |
| 6 | | Authority may report the delay to and seek immediate |
| 7 | | approval from the relevant representative of the State or |
| 8 | | unit of local government, which is the Regional Engineer |
| 9 | | of the Department of Transportation's District 1 Office if |
| 10 | | the request involves a State roadway; the relevant highway |
| 11 | | superintendent if the request involves a county roadway; |
| 12 | | the transportation commissioner if the request involves a |
| 13 | | municipality; or the chief executive officer of the |
| 14 | | relevant organization if the requests involves any other |
| 15 | | local governmental entity. |
| 16 | | Upon completion of construction, the Authority shall |
| 17 | | comply with permit and State or unit of local governmental |
| 18 | | requirements and restore the roadway to its previous |
| 19 | | condition, unless otherwise agreed to by the State or unit |
| 20 | | of local government. The Authority shall provide a survey |
| 21 | | of the quality of the relevant infrastructure and shall |
| 22 | | allow the State or unit of local government to inspect the |
| 23 | | infrastructure. The Authority shall be responsible for any |
| 24 | | defect in infrastructure or other damage resulting from |
| 25 | | the Authority's actions. The Authority shall either repair |
| 26 | | or compensate the State or unit of local government for |
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| 1 | | any damages resulting from the Authority's actions. Unless |
| 2 | | previously agreed, at no point shall the Authority's use |
| 3 | | of State or unit of local governmental property be |
| 4 | | permanent, create a property interest, or affect the |
| 5 | | jurisdiction of the roadway. |
| 6 | | (2) If a fast-track project requires the removal, |
| 7 | | relocation, or modification of any facility of a public |
| 8 | | utility, the Authority or the relevant Service Board shall |
| 9 | | provide reasonable notice to the affected public utility |
| 10 | | when the need for removal or relocation becomes known and |
| 11 | | shall provide updates throughout the planning stage. Upon |
| 12 | | completion of final plans, the Authority shall provide |
| 13 | | written notice to each affected public utility of the need |
| 14 | | to remove, relocate, or modify its facilities. The notice |
| 15 | | shall include detailed construction plans, safety |
| 16 | | measures, and plans for mitigating traffic and |
| 17 | | inconvenience caused by the work. If public utility |
| 18 | | facilities that are subject to removal or relocation are |
| 19 | | located within State or county highway rights-of-way, with |
| 20 | | the consent of the State or appropriate county highway |
| 21 | | authority, the Authority may coordinate with the |
| 22 | | Department of Transportation or county highway authority |
| 23 | | and the removal or relocation shall be subject to the |
| 24 | | terms of the Illinois Highway Code. Any other utility |
| 25 | | relocation or removal shall be subject to the terms of |
| 26 | | subsection (b) of Section 2.21. |
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| 1 | | (a) No later than 90 days after the effective date of this |
| 2 | | amendatory Act of the 103rd General Assembly, the Authority |
| 3 | | shall create the Domestic Violence and Sexual Assault Regional |
| 4 | | Transit Authority Public Transportation Assistance Program to |
| 5 | | serve residents of the Authority. |
| 6 | | Through this Program, the Authority shall issue monetarily |
| 7 | | preloaded mass transit cards to The Network: Advocating |
| 8 | | Against Domestic Violence for survivor and victim use of |
| 9 | | public transportation through Chicago Transit Authority, the |
| 10 | | Suburban Bus Division, and the Commuter Rail Division. |
| 11 | | The Authority shall coordinate with The Network: |
| 12 | | Advocating Against Domestic Violence to issue no less than |
| 13 | | 25,000 monetarily preloaded mass transit cards with a value of |
| 14 | | $20 per card for distribution to domestic violence and sexual |
| 15 | | assault service providers throughout the Authority's |
| 16 | | jurisdiction, including the counties of Cook, Kane, DuPage, |
| 17 | | Will, Lake, and McHenry. |
| 18 | | The mass transit card shall be plastic or laminated and |
| 19 | | wallet-sized, contain no information that would reference |
| 20 | | domestic violence or sexual assault services, and have no |
| 21 | | expiration date. The cards shall also be available |
| 22 | | electronically and shall be distributed to domestic violence |
| 23 | | and sexual assault direct service providers to distribute to |
| 24 | | survivors. |
| 25 | | The total number of mass transit cards shall be |
| 26 | | distributed to domestic violence and sexual assault service |
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| 1 | | providers throughout the Authority's region based on the |
| 2 | | average number of clients served in 2021 and 2022 in |
| 3 | | comparison to the total number of mass transit cards granted |
| 4 | | by the Authority. |
| 5 | | (b) The creation of the Program shall include an |
| 6 | | appointment of a domestic violence or sexual assault program |
| 7 | | service provider or a representative of the service provider's |
| 8 | | choosing to the Authority's Citizen Advisory Board. |
| 9 | | The Network: Advocating Against Domestic Violence shall |
| 10 | | provide an annual report of the program, including a list of |
| 11 | | service providers receiving the mass transit cards, the total |
| 12 | | number of cards received by each service provider, and an |
| 13 | | estimated number of survivors and victims of domestic violence |
| 14 | | and sexual assault participating in the program. The report |
| 15 | | shall also include survivor testimonies of the program and |
| 16 | | shall include program provided recommendations on improving |
| 17 | | implementation of the Program. The report shall be provided to |
| 18 | | the Regional Transit Authority one calendar year after the |
| 19 | | creation of the Program. |
| 20 | | In partnership with The Network: Advocating Against |
| 21 | | Domestic Violence, the Authority shall report this information |
| 22 | | to the Board and the Citizen Advisory Board and compile an |
| 23 | | annual report of the Program to the General Assembly and to |
| 24 | | domestic violence and sexual assault service providers in the |
| 25 | | service providers' jurisdiction and include recommendations |
| 26 | | for improving implementation of the Program. |
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| 1 | | (Source: P.A. 103-281, eff. 7-28-23.)
|
| 2 | | (70 ILCS 3615/2.43 new) |
| 3 | | Sec. 2.43. Transit-supportive development. |
| 4 | | (a) As used in this Section, "transit-supportive |
| 5 | | development" means residential improvements, commercial |
| 6 | | improvements, and supporting infrastructure improvements that |
| 7 | | are designed to facilitate access to and use of public |
| 8 | | transit. |
| 9 | | (b) The Authority shall have power to acquire, construct, |
| 10 | | own, operate, or maintain for public service |
| 11 | | transit-supportive development in the metropolitan region and |
| 12 | | all the powers necessary or convenient to accomplish the |
| 13 | | purposes of this Section. |
| 14 | | (c) The Authority shall have power to acquire by purchase, |
| 15 | | condemnation, lease, gift, or otherwise any property and |
| 16 | | rights useful for its transit-supportive development purposes; |
| 17 | | to sell, lease, transfer, or convey any property or rights |
| 18 | | when no longer useful; or to exchange the same for other |
| 19 | | property or rights that are useful for its purposes. |
| 20 | | (d) In addition to other powers provided in this Act, the |
| 21 | | Authority shall have power to enter into contracts and |
| 22 | | agreements with governmental, not-for-profit, and for-profit |
| 23 | | entities for the development, construction, and operation of |
| 24 | | transit-supportive developments. |
| 25 | | (e) The Authority shall have the continuing power to |
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| 1 | | borrow money for (i) the purpose of acquiring, constructing, |
| 2 | | reconstructing, extending, or improving transit-supportive |
| 3 | | developments or any part of those developments and (ii) the |
| 4 | | purpose of acquiring property and equipment useful for the |
| 5 | | construction, reconstruction, extension, improvement, or |
| 6 | | operation of its transit-supportive developments or any part |
| 7 | | of those developments. |
| 8 | | (f) The Authority may use the powers of condemnation under |
| 9 | | subsection (c) over property within the jurisdiction of a |
| 10 | | municipality only if the corporate authorities of the |
| 11 | | municipality having jurisdiction of the property approve of |
| 12 | | the use of those powers by ordinance or resolution. The |
| 13 | | Authority may use the powers of condemnation under subsection |
| 14 | | (c) over property that is not within the jurisdiction of a |
| 15 | | municipality only if the county board or the board of |
| 16 | | commissioners of the county having jurisdiction of the |
| 17 | | property approve of the use of the powers by ordinance or |
| 18 | | resolution. |
| 19 | | (g) This Section does not exempt the Authority from |
| 20 | | complying with land use regulations and other local laws |
| 21 | | applicable to the property involved in a transit-supportive |
| 22 | | development and the development itself.
|
| 23 | | (70 ILCS 3615/2.44 new) |
| 24 | | Sec. 2.44. Transit-supportive development opportunity |
| 25 | | inventory. |
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| 1 | | (a) As used in this Section, "transit-supportive |
| 2 | | development" means residential and commercial infrastructure |
| 3 | | improvements that are (i) located within one-half mile of a |
| 4 | | public transportation station or within one-eighth of a mile |
| 5 | | of a bus stop on a public transportation bus route and (ii) |
| 6 | | designed to facilitate access to and use of public transit. |
| 7 | | (b) The Authority shall develop an inventory of all real |
| 8 | | property owned by the Authority or the Service Boards to |
| 9 | | identify all property that could allow for transit-supportive |
| 10 | | development without impeding the operations of the Authority |
| 11 | | or Service Boards. The inventory shall identify, at minimum, |
| 12 | | any parcels owned by the Authority or by a Service Board that |
| 13 | | are (i) located within one-half mile of a public |
| 14 | | transportation station or within one-eighth of a mile of a bus |
| 15 | | stop on a public transportation bus route and (ii) are |
| 16 | | unimproved or contain improvements whose gross square footage |
| 17 | | (excluding parking facilities) is less than the total land |
| 18 | | square footage of the parcel. |
| 19 | | (c) No later than 12 months after the effective date of |
| 20 | | this amendatory Act of the 104th General Assembly, the |
| 21 | | Authority shall provide for direct, public access to a |
| 22 | | database of all parcels of real property thus identified. The |
| 23 | | database shall include each parcel sortable and searchable by, |
| 24 | | at minimum: |
| 25 | | (1) total land square footage; |
| 26 | | (2) gross square footage of any improvements contained |
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| 1 | | within the parcel; |
| 2 | | (3) the current use of the parcel by the current |
| 3 | | owner, including any restrictions on use imposed by |
| 4 | | Authority rule or agreement or by federal law; |
| 5 | | (4) any parcel identification number that may be |
| 6 | | issued by the assessor of the county containing the |
| 7 | | parcel; |
| 8 | | (5) zip code; |
| 9 | | (6) parcel centroid longitude; and |
| 10 | | (7) parcel centroid latitude. |
| 11 | | (d) The database may also include parcels owned by other |
| 12 | | governmental agencies or nongovernmental organizations that |
| 13 | | are identified to the Authority by the entity owning them as |
| 14 | | suitable for allowing transit-supportive development. Any |
| 15 | | parcels included should be sortable and searchable as |
| 16 | | described in subsection (c). |
| 17 | | (e) The Authority may establish and maintain this database |
| 18 | | through an accessible website or delegate this responsibility |
| 19 | | to the Chicago Metropolitan Agency for Planning if the Chicago |
| 20 | | Metropolitan Agency for Planning agrees to assume this |
| 21 | | responsibility.
|
| 22 | | (70 ILCS 3615/2.45 new) |
| 23 | | Sec. 2.45. Transit-Supportive Development Incentive |
| 24 | | Program. |
| 25 | | (a) As used in this Section, "transit-supportive |
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| 1 | | development" means commercial or residential development that |
| 2 | | is designed to expand the public transportation ridership base |
| 3 | | or to effectively connect public transportation users to such |
| 4 | | developments. "Transit-supportive development" includes, but |
| 5 | | is not limited to, laws and policies that further these |
| 6 | | objectives, capital improvements that foster communities with |
| 7 | | high per capita transit ridership, and public transportation |
| 8 | | operation improvements that support efforts to build |
| 9 | | communities with high per capita transit ridership. |
| 10 | | (b) The Authority may establish a Transit-Supportive |
| 11 | | Development Incentive Program and authorize the deposit of |
| 12 | | Authority moneys into a Transit-Supportive Development |
| 13 | | Incentive Fund. Amounts on deposit in the Fund and interest |
| 14 | | and other earnings on those amounts may be used by the |
| 15 | | Authority, with the approval of its Directors and after a |
| 16 | | competitive application and scoring process that includes an |
| 17 | | opportunity for public participation, for operating or capital |
| 18 | | grants or loans to Service Boards, Transportation Agencies, or |
| 19 | | units of local government for the following purposes: |
| 20 | | (1) investment in transit-supportive residential and |
| 21 | | commercial development, including developments on or in |
| 22 | | the vicinity of property owned by the Authority, a Service |
| 23 | | Board, or a Transportation Agency; |
| 24 | | (2) grants to local governments to help cover the cost |
| 25 | | of drafting and implementing land use, parking, and other |
| 26 | | laws that are intended to encourage and shall reasonably |
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| 1 | | have the effect of allowing or supporting |
| 2 | | transit-supportive residential or commercial development; |
| 3 | | and |
| 4 | | (3) providing resources for increased public |
| 5 | | transportation service in and around transit-supportive |
| 6 | | residential and commercial developments, especially newly |
| 7 | | created transit-supportive developments. |
| 8 | | (c) If the Authority establishes such a program, the |
| 9 | | Authority shall develop and publish scoring criteria that it |
| 10 | | shall use in making awards from the Transit-Supportive |
| 11 | | Development Incentive Fund. The scoring criteria shall |
| 12 | | prioritize high-density development in and in the near |
| 13 | | vicinity of public transportation stations and routes and |
| 14 | | shall prioritize projects that (i) are likely to increase per |
| 15 | | capita public transportation ridership, (ii) serve |
| 16 | | disadvantaged and transit-dependent populations, and (iii) are |
| 17 | | located in jurisdictions that have land use and other policies |
| 18 | | that encourage the level of residential density and |
| 19 | | concentration of businesses in walkable districts accessible |
| 20 | | by public transportation required to support financially |
| 21 | | viable public transportation service with substantial |
| 22 | | ridership. |
| 23 | | (d) Any grantee that receives funds under this Section |
| 24 | | must (i) implement such programs within one year after receipt |
| 25 | | of the funds and (ii) determine, within 2 years following |
| 26 | | commencement of any program using such funds, whether it has |
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| 1 | | resulted in increased use of public transportation by those |
| 2 | | residing in the area covered by the program or those accessing |
| 3 | | the area from outside the area. No additional funds under this |
| 4 | | Section may be distributed to a grantee for any individual |
| 5 | | program beyond 2 years unless the Board of the Authority |
| 6 | | waives this limitation. A waiver shall be with regard to an |
| 7 | | individual program and with regard to a one-year period, and |
| 8 | | any further waivers for an individual program require a |
| 9 | | subsequent vote of the Board. |
| 10 | | (e) The Authority may reallocate unused funds deposited |
| 11 | | into the Transit-Supportive Development Incentive Fund to |
| 12 | | other Authority purposes and programs.
|
| 13 | | (70 ILCS 3615/2.46 new) |
| 14 | | Sec. 2.46. Transit ambassadors. |
| 15 | | (a) By July 1, 2027, the Authority shall implement a |
| 16 | | transit ambassador program to increase safety for passengers |
| 17 | | and personnel, provide passenger education and assistance, and |
| 18 | | help passengers navigate all transit systems under the |
| 19 | | Authority. |
| 20 | | (b) To ensure regional competency and system integration, |
| 21 | | the Authority shall develop a transit ambassador training |
| 22 | | program with input from each Service Board and interested |
| 23 | | stakeholders and in alignment with subsection (d) of Section |
| 24 | | 25 of the Community Emergency Services and Support Act. |
| 25 | | (c) The Service Boards in coordination with the Authority |
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| 1 | | shall deploy trained, unarmed personnel on buses, bus stops, |
| 2 | | trains, and stations to achieve the goals of the Transit |
| 3 | | Ambassador Program. |
| 4 | | (d) Transit ambassador units may be composed of mobile and |
| 5 | | fixed post personnel. |
| 6 | | (e) The responsibilities of a transit ambassador may |
| 7 | | include, but are not limited to: |
| 8 | | (1) navigational and other passenger assistance; |
| 9 | | (2) liaising with law enforcement, social services, |
| 10 | | and community resources to address unsafe conditions and |
| 11 | | to connect persons with relevant social, medical, and |
| 12 | | other services; and |
| 13 | | (3) monitoring passenger activity and compliance with |
| 14 | | laws and rules. |
| 15 | | (f) No less than 80% of transit ambassadors serving the |
| 16 | | Chicago Transit Authority shall be full-time employees of the |
| 17 | | Chicago Transit Authority. The Chicago Transit Authority shall |
| 18 | | bargain with the union representing current customer service |
| 19 | | employees to determine the initial conditions of employment |
| 20 | | for the transit ambassadors. |
| 21 | | (g) Those persons employed by the Chicago Transit |
| 22 | | Authority as Customer Service Assistants, who meet the |
| 23 | | applicable Transit Ambassador qualifications and the |
| 24 | | requirements of the training program established pursuant to |
| 25 | | the Chicago Transit Authority Transit Ambassador Program, |
| 26 | | shall be hired prior to the hiring of any other personnel. |
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| 1 | | (h) Customer-facing employees of the Commuter Rail |
| 2 | | Division shall undergo the standard transit ambassador |
| 3 | | training program developed by the Authority. |
| 4 | | (i) Existing employees of the Service Boards identified to |
| 5 | | complete the transit ambassador training shall do so by |
| 6 | | January 1, 2027. |
| 7 | | (j) The Authority shall facilitate coordination between |
| 8 | | the Service Boards to ensure communication and continuity |
| 9 | | across all Service Boards. |
| 10 | | (k) Beginning January 1, 2031, the Authority shall |
| 11 | | evaluate the efficacy of the program no less than every 5 years |
| 12 | | and identify needed changes and improvements.
|
| 13 | | (70 ILCS 3615/2.47 new) |
| 14 | | Sec. 2.47. Language accessibility. |
| 15 | | (a) As used in this Section: |
| 16 | | "Limited English proficient individual" means an |
| 17 | | individual who does not speak English as the individual's |
| 18 | | primary language and who has a limited ability to read, speak, |
| 19 | | write, or understand English. |
| 20 | | "Major languages" means a language with at least 50,000 |
| 21 | | native speakers in Illinois based on the last decennial |
| 22 | | census. |
| 23 | | "Qualified interpreter" or "qualified translator" means an |
| 24 | | individual proficient in both English and the non-English |
| 25 | | language used by the limited English proficient individual, |
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| 1 | | with demonstrated ability to interpret or translate accurately |
| 2 | | and impartially. |
| 3 | | "Vital documents" means materials critical for obtaining |
| 4 | | services or understanding rider rights, including fare |
| 5 | | schedules, safety information, service announcements, and |
| 6 | | notices of rights or responsibilities. |
| 7 | | (b) The Authority and all Service Boards shall: |
| 8 | | (1) arrange for a qualified translator to translate |
| 9 | | all vital documents into all major languages; |
| 10 | | (2) provide oral interpretation services in major |
| 11 | | languages spoken by limited English proficient individuals |
| 12 | | by a qualified interpreter at customer service centers, by |
| 13 | | multilingual phone lines, or through on-demand interpreter |
| 14 | | services; |
| 15 | | (3) post multilingual signage in major languages |
| 16 | | spoken by limited English proficient individuals, |
| 17 | | including "I Speak" language identification posters, in |
| 18 | | major transit hubs and vehicles; and |
| 19 | | (4) include translation features in major languages |
| 20 | | spoken by limited English proficient individuals for |
| 21 | | digital platforms, applications, and real-time service |
| 22 | | updates. |
| 23 | | (c) No later than January 1, 2027, and every 3 years |
| 24 | | thereafter, the Authority, in coordination with the Service |
| 25 | | Boards, shall develop and implement, and update every 3 years |
| 26 | | thereafter, a language access plan. The language access plan |
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| 1 | | shall: |
| 2 | | (1) identify limited English proficient populations in |
| 3 | | the metropolitan area, based on census, rider surveys, and |
| 4 | | community input; |
| 5 | | (2) describe language assistance services currently |
| 6 | | provided; |
| 7 | | (3) implement a timeline for improvements and |
| 8 | | expansion of language assistance services; and |
| 9 | | (4) designate staff responsible for compliance and |
| 10 | | monitoring. |
| 11 | | (d) The Authority and all Service Boards shall conduct |
| 12 | | regular outreach to limited English proficient communities |
| 13 | | through culturally competent community organizations and |
| 14 | | ethnic media and include limited English proficient riders in |
| 15 | | service planning, language access evaluations, and public |
| 16 | | engagement sessions. |
| 17 | | (e) The Authority shall develop and make available to all |
| 18 | | frontline and customer-facing staff training on legal |
| 19 | | obligations under federal law, proper use of language |
| 20 | | services, and cultural competency best practices. The Service |
| 21 | | Boards shall make best efforts to ensure that all new hires and |
| 22 | | existing customer-facing employees complete the training. |
| 23 | | (f) No later than January 1, 2027, and each year |
| 24 | | thereafter, each Service Board shall submit annual language |
| 25 | | access progress reports to the Authority. |
| 26 | | (g) The Authority shall conduct an annual compliance |
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| 1 | | review of at least one Service Board.
|
| 2 | | (70 ILCS 3615/2.48 new) |
| 3 | | Sec. 2.48. One-day transit passes on the day of an |
| 4 | | amusement. |
| 5 | | (a) As used in this Section: |
| 6 | | "Amusement ticket" has the meaning given to that term in |
| 7 | | Section 4.03. |
| 8 | | "One-day transit pass" means a pass that allows the holder |
| 9 | | unlimited rides on the transit systems operated by each |
| 10 | | Service Board. |
| 11 | | (b) Beginning one year after the effective date of this |
| 12 | | amendatory Act of the 104th General Assembly, the Authority |
| 13 | | shall provide the holder of each amusement ticket that was |
| 14 | | subject to the surcharge under subsection (r) of Section 4.03 |
| 15 | | with a one-day transit pass for the day of the amusement or, in |
| 16 | | the case of a multi-day event, for each day that the amusement |
| 17 | | ticket allows the holder to enter the amusement. |
| 18 | | (c) The Authority shall inform its employees and the |
| 19 | | employees of the Service Boards that a one-day transit pass |
| 20 | | shall be provided to the holder of an amusement ticket for each |
| 21 | | day that the amusement ticket allows the holder to enter the |
| 22 | | amusement. |
| 23 | | (d) The Authority shall, by ordinance, adopt regulations |
| 24 | | to implement this Section.
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| 1 | | (70 ILCS 3615/2.49 new) |
| 2 | | Sec. 2.49. Medical service reimbursement. |
| 3 | | (a) If the Village of Forest Park, the Village of Oak Park, |
| 4 | | the Village of River Forest, or the Village of Rosemont incur |
| 5 | | costs for the provision of first responder services, |
| 6 | | including, but not limited to, police, fire, paramedic, |
| 7 | | emergency medical technician, or ambulance responses, at a |
| 8 | | Chicago Transit Authority Blue Line or Green Line station that |
| 9 | | is located within its corporate boundaries, then the Authority |
| 10 | | shall reimburse the applicable village for those costs. |
| 11 | | (b) Reimbursements shall be made by the Authority on an |
| 12 | | annual basis. The Village of Forest Park, the Village of Oak |
| 13 | | Park, the Village of River Forest, and the Village of Rosemont |
| 14 | | shall submit an itemized billing statement to the Authority no |
| 15 | | later than January 15 of each calendar year for the costs it |
| 16 | | incurred during the preceding calendar year. The Authority |
| 17 | | shall remit payment to the Village of Forest Park, the Village |
| 18 | | of Oak Park, the Village of River Forest, and the Village of |
| 19 | | Rosemont no later than February 6 following receipt of the |
| 20 | | billing statement. |
| 21 | | (c) The Department of Transportation shall oversee |
| 22 | | implementation of this Section and may enter into |
| 23 | | intergovernmental agreements or adopt rules as necessary to |
| 24 | | administer and enforce the reimbursement process described in |
| 25 | | this Section.
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| 1 | | (70 ILCS 3615/2.50 new) |
| 2 | | Sec. 2.50. Renovations to terminals. |
| 3 | | (a) The Authority shall remodel, renovate, or construct a |
| 4 | | new station at or near the Cicero/Laramie location on the Blue |
| 5 | | Line. The renovated or newly constructed station shall be |
| 6 | | completed and open for public operation no later than January |
| 7 | | 1, 2029. |
| 8 | | (b) The Authority shall remodel, renovate, or construct a |
| 9 | | new station along the Green Line within the Englewood |
| 10 | | community area. The renovated or newly constructed station |
| 11 | | shall be completed and open for public operation no later than |
| 12 | | January 1, 2029. |
| 13 | | (c) The Authority and Department of Transportation may |
| 14 | | enter into intergovernmental agreements with municipalities to |
| 15 | | share costs for repair and related right-of-way improvements |
| 16 | | for bridges used by the Green Line located outside of the City |
| 17 | | of Chicago. |
| 18 | | (d) The Department of Transportation shall oversee |
| 19 | | implementation of this Section and may coordinate with the |
| 20 | | Authority and other relevant entities to ensure timely |
| 21 | | completion of the projects described in this Section. |
| 22 | | (e) The Department of Transportation may provide financial |
| 23 | | assistance or grants or enter into cost-sharing agreements |
| 24 | | necessary to carry out the purposes of this Section using |
| 25 | | funds appropriated to it and funds made available through |
| 26 | | existing capital programs administered by the Department of |
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| 1 | | Transportation or the Authority.
|
| 2 | | (70 ILCS 3615/3.01) (from Ch. 111 2/3, par. 703.01) |
| 3 | | Sec. 3.01. Board of Directors. The corporate authorities |
| 4 | | and governing and administrative body of the Authority shall |
| 5 | | be a Board consisting of 20 13 Directors until April 1, 2008, |
| 6 | | and 16 Directors thereafter, appointed as follows: |
| 7 | | (a) Five Four Directors appointed by the Mayor of the City |
| 8 | | of Chicago, with the advice and consent of the City Council of |
| 9 | | the City of Chicago, and, only until April 1, 2008, a fifth |
| 10 | | director who shall be the Chairman of the Chicago Transit |
| 11 | | Authority. After April 1, 2008, the Mayor of the City of |
| 12 | | Chicago, with the advice and consent of the City Council of the |
| 13 | | City of Chicago, shall appoint a fifth Director. The Directors |
| 14 | | appointed by the Mayor of the City of Chicago shall not be the |
| 15 | | Chairman or a Director of the Chicago Transit Authority. Each |
| 16 | | such Director shall reside in the City of Chicago. Directors |
| 17 | | appointed under this subsection shall include: |
| 18 | | (1) one Director with an initial term of 5 years who |
| 19 | | shall serve as a member of the Board of the Chicago Transit |
| 20 | | Authority; |
| 21 | | (2) one Director with an initial term of 3 years who |
| 22 | | shall serve as a member of the Board of the Chicago Transit |
| 23 | | Authority; |
| 24 | | (3) one Director with an initial term of 5 years who |
| 25 | | shall serve as a director of the Suburban Bus Board; |
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| 1 | | (4) one Director with an initial term of 3 years who |
| 2 | | shall serve as a director of the Commuter Rail Board; and |
| 3 | | (5) one Director with an initial term of 5 years. |
| 4 | | (a-5) Five Directors appointed by the Governor, President |
| 5 | | of the Senate, or Speaker of the House of Representatives. |
| 6 | | Each Director appointed under this subsection shall reside in |
| 7 | | the metropolitan region. Directors appointed under this |
| 8 | | subsection shall include: |
| 9 | | (1) one Director appointed by the Governor, with the |
| 10 | | advice and consent of the Senate, with an initial term of 5 |
| 11 | | years who shall serve as a member of the Board of the |
| 12 | | Chicago Transit Authority; |
| 13 | | (2) one Director appointed by the Governor, with the |
| 14 | | advice and consent of the Senate, with an initial term of 3 |
| 15 | | years who shall serve as a director of the Suburban Bus |
| 16 | | Board; |
| 17 | | (3) one Director appointed by the Governor, with the |
| 18 | | advice and consent of the Senate, with an initial term of 5 |
| 19 | | years who shall serve as a director of the Commuter Rail |
| 20 | | Board; |
| 21 | | (4) one Director appointed by the President of the |
| 22 | | Senate with an initial term of 5 years; and |
| 23 | | (5) one Director appointed by the Speaker of the House |
| 24 | | of Representatives with an initial term of 3 years. |
| 25 | | (b) Five Four Directors appointed by the President of |
| 26 | | votes of a majority of the members of the Cook County Board of |
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| 1 | | Commissioners, with the advice and consent of the Cook County |
| 2 | | Board of Commissioners, including: elected from districts, a |
| 3 | | majority of the electors of which reside outside Chicago. |
| 4 | | After April 1, 2008, a fifth Director appointed by the |
| 5 | | President of the Cook County Board with the advice and consent |
| 6 | | of the members of the Cook County Board. Each Director |
| 7 | | appointed under this subparagraph shall reside in that part of |
| 8 | | Cook County outside Chicago. |
| 9 | | (1) one Director representing those communities in |
| 10 | | Cook County that are outside of the City of Chicago and |
| 11 | | north of Devon Avenue who shall reside in the area the |
| 12 | | Director represents, serve an initial term of 3 years, and |
| 13 | | serve as a director of the Suburban Bus Board; |
| 14 | | (2) one Director representing those communities in |
| 15 | | Cook County that are outside of the City of Chicago, south |
| 16 | | of Devon Avenue, and north of Interstate 55, and in |
| 17 | | addition the Village of Summit who shall reside in the |
| 18 | | area the Director represents, serve an initial term of 5 |
| 19 | | years, and serve as a director of the Suburban Bus Board; |
| 20 | | (3) one Director representing those communities in |
| 21 | | Cook County that are outside of the City of Chicago, south |
| 22 | | of Interstate 55, and west of the Interstate 57, excluding |
| 23 | | the communities of Summit, Dixmoor, Posen, Robbins, |
| 24 | | Midlothian, Oak Forest, and Tinley Park who shall reside |
| 25 | | in the area the Director represents, serve an initial term |
| 26 | | of 3 years, and serve as a director of the Commuter Rail |
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| 1 | | Board; |
| 2 | | (4) one Director representing those communities in |
| 3 | | Cook County that are outside of the City of Chicago and |
| 4 | | east of Interstate 57, and, in addition, the communities |
| 5 | | of Dixmoor, Posen, Robbins, Midlothian, Oak Forest, and |
| 6 | | Tinley Park who shall reside in the area the Director |
| 7 | | represents, serve an initial term of 5 years, and serve as |
| 8 | | a director of the Commuter Rail Board; and |
| 9 | | (5) one Director with an initial term of 3 years who |
| 10 | | shall serve as a member of the Board of the Chicago Transit |
| 11 | | Authority. |
| 12 | | (b-5) Five Directors appointed by the chair of the county |
| 13 | | boards of Kane, Lake, McHenry, DuPage, and Will Counties. Each |
| 14 | | chair shall appoint one Director for the chair's county, with |
| 15 | | the advice and consent of the chair's county board. Each |
| 16 | | Director shall reside in the county from which the Director is |
| 17 | | appointed. Directors appointed under this subsection shall |
| 18 | | include: |
| 19 | | (1) one Director appointed by the Chairman of the |
| 20 | | DuPage County Board with an initial term of 5 years who |
| 21 | | shall serve as a director of the Suburban Bus Board; |
| 22 | | (2) one Director appointed by the Chairman of the Kane |
| 23 | | County Board with an initial term of 3 years who shall |
| 24 | | serve as a director of the Suburban Bus Board; |
| 25 | | (3) one Director appointed by the Chairman of the Lake |
| 26 | | County Board with an initial term of 3 years who shall |
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| 1 | | serve as a director of the Commuter Rail Board; |
| 2 | | (4) one Director appointed by the Chairman of the |
| 3 | | McHenry County Board with an initial term of 5 years who |
| 4 | | shall serve as a director of the Commuter Rail Board; and |
| 5 | | (5) one Director appointed by the County Executive of |
| 6 | | Will County Board who shall reside in Will County, serve |
| 7 | | an initial term of 3 years, and serve as a director of the |
| 8 | | Suburban Bus Board. |
| 9 | | (b-10) On July 1, 2026, the terms of all directors serving |
| 10 | | on the effective date of this amendatory Act of the 104th |
| 11 | | General Assembly and of any directors appointed to fill a |
| 12 | | vacancy shall immediately expire. If a vacancy on the Board |
| 13 | | occurs before July 1, 2026, then the vacancy shall be filled |
| 14 | | under Section 3.03. Directors serving on the effective date of |
| 15 | | this amendatory Act of the 104th General Assembly may be |
| 16 | | reappointed. |
| 17 | | (b-15) Within 120 days of the effective date of this |
| 18 | | amendatory Act of the 104th General Assembly, the appointing |
| 19 | | authorities shall appoint, with the advice and consent |
| 20 | | required under this Section, a new Board of the Authority. |
| 21 | | Directors have been appointed when appointments are filed with |
| 22 | | and accepted by the Secretary of State in accordance with |
| 23 | | subsection (g). The initial Directors appointed after the |
| 24 | | effective date of this amendatory Act of the 104th General |
| 25 | | Assembly shall serve terms of office beginning on July 1, |
| 26 | | 2026. |
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| 1 | | (b-20) On the first meeting of the Board the Directors |
| 2 | | after the effective date of this amendatory Act of the 104th |
| 3 | | General Assembly, the Board of Directors shall, by majority |
| 4 | | vote, elect a Director to serve as Chair of the Board. |
| 5 | | (b-25) The subsequent terms of each Director appointed |
| 6 | | after July 1, 2026 shall be 5 years. |
| 7 | | (c) (Blank). Until April 1, 2008, 3 Directors appointed by |
| 8 | | the Chairmen of the County Boards of DuPage, Kane, Lake, |
| 9 | | McHenry, and Will Counties, as follows: |
| 10 | | (i) 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 2 |
| 15 | | persons for each position. Each such Director shall reside |
| 16 | | in a county in the metropolitan region other than Cook or |
| 17 | | DuPage Counties. |
| 18 | | (ii) One Director appointed by the Chairman of the |
| 19 | | DuPage County Board with the advice and consent of the |
| 20 | | DuPage County Board. Such Director shall reside in DuPage |
| 21 | | County. |
| 22 | | (d) (Blank). After April 1, 2008, 5 Directors appointed by |
| 23 | | the Chairmen of the County Boards of DuPage, Kane, Lake and |
| 24 | | McHenry Counties and the County Executive of Will County, as |
| 25 | | follows: |
| 26 | | (i) One Director appointed by the Chairman of the Kane |
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| 1 | | County Board with the advice and consent of the Kane |
| 2 | | County Board. Such Director shall reside in Kane County. |
| 3 | | (ii) One Director appointed by the County Executive of |
| 4 | | Will County with the advice and consent of the Will County |
| 5 | | Board. Such Director shall reside in Will County. |
| 6 | | (iii) One Director appointed by the Chairman of the |
| 7 | | DuPage County Board with the advice and consent of the |
| 8 | | DuPage County Board. Such Director shall reside in DuPage |
| 9 | | County. |
| 10 | | (iv) One Director appointed by the Chairman of the |
| 11 | | Lake County Board with the advice and consent of the Lake |
| 12 | | County Board. Such Director shall reside in Lake County. |
| 13 | | (v) One Director appointed by the Chairman of the |
| 14 | | McHenry County Board with the advice and consent of the |
| 15 | | McHenry County Board. Such Director shall reside in |
| 16 | | McHenry County. |
| 17 | | (vi) To implement the changes in appointing authority |
| 18 | | under this subparagraph (d) the three Directors appointed |
| 19 | | under subparagraph (c) and residing in Lake County, DuPage |
| 20 | | County, and Kane County respectively shall each continue |
| 21 | | to serve as Director until the expiration of their |
| 22 | | respective term of office and until his or her successor |
| 23 | | is appointed and qualified or a vacancy occurs in the |
| 24 | | office. Thereupon, the appointment shall be made by the |
| 25 | | officials given appointing authority with respect to the |
| 26 | | Director whose term has expired or office has become |
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| 1 | | vacant. |
| 2 | | (e) (Blank). The Chairman serving on the effective date of |
| 3 | | this amendatory Act of the 95th General Assembly shall |
| 4 | | continue to serve as Chairman until the expiration of his or |
| 5 | | her term of office and until his or her successor is appointed |
| 6 | | and qualified or a vacancy occurs in the office. Upon the |
| 7 | | expiration or vacancy of the term of the Chairman then serving |
| 8 | | upon the effective date of this amendatory Act of the 95th |
| 9 | | General Assembly, the Chairman shall be appointed by the other |
| 10 | | Directors, by the affirmative vote of at least 11 of the then |
| 11 | | Directors with at least 2 affirmative votes from Directors who |
| 12 | | reside in the City of Chicago, at least 2 affirmative votes |
| 13 | | from Directors who reside in Cook County outside the City of |
| 14 | | Chicago, and at least 2 affirmative votes from Directors who |
| 15 | | reside in the Counties of DuPage, Lake, Will, Kane, or |
| 16 | | McHenry. The chairman shall not be appointed from among the |
| 17 | | other Directors. The chairman shall be a resident of the |
| 18 | | metropolitan region. |
| 19 | | (f) Except as otherwise provided by this Act, no Director |
| 20 | | shall, while serving as such, be an officer, a member of the |
| 21 | | Board of Directors or Trustees, or an employee of any Service |
| 22 | | Board or Transportation Agency, transportation agency, or be |
| 23 | | an employee of the State, of Illinois or any department or |
| 24 | | agency of the State thereof, or of any municipality, county, |
| 25 | | or any other unit of local government or receive any |
| 26 | | compensation from any elected or appointed office under the |
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| 1 | | Constitution and laws of Illinois; except that a Director may |
| 2 | | be a member of a school board, a member of the National Guard, |
| 3 | | or an elected official of a municipality, county, or other |
| 4 | | unit of local government. |
| 5 | | (g) Each appointment made under this Section and under |
| 6 | | Section 3.03 shall be certified by the appointing authority |
| 7 | | and filed with the Secretary of State and to the Secretary of |
| 8 | | the Board. The Secretary of the Board , which shall maintain |
| 9 | | the certifications as part of the official records of the |
| 10 | | Authority. |
| 11 | | (h) (Blank). |
| 12 | | (i) Directors shall have diverse and substantial relevant |
| 13 | | experience and expertise for overseeing the planning, |
| 14 | | operation, and funding of a regional transportation system, |
| 15 | | including, but not limited to, backgrounds in urban and |
| 16 | | regional planning, management of large capital projects, labor |
| 17 | | and workforce development, business management, public |
| 18 | | administration, transportation, and community organizations. |
| 19 | | (j) Those responsible for appointing Directors shall |
| 20 | | strive to assemble a set of Directors that, to the greatest |
| 21 | | extent possible, reflects the ethnic, cultural, economic, |
| 22 | | racial, and geographic diversity of the metropolitan region. |
| 23 | | (Source: P.A. 98-709, eff. 7-16-14.)
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| 24 | | (70 ILCS 3615/3.03) (from Ch. 111 2/3, par. 703.03) |
| 25 | | Sec. 3.03. Terms, vacancies. Each Director shall hold |
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| 1 | | office for a term of 5 years, and until his successor has been |
| 2 | | appointed and has qualified. A vacancy shall occur upon |
| 3 | | resignation, death, conviction of a felony, or removal from |
| 4 | | office of a Director. Any Director may be removed from office |
| 5 | | (i) upon a supermajority vote concurrence of not less than 11 |
| 6 | | Directors, on a formal finding of incompetence, neglect of |
| 7 | | duty, or malfeasance in office or (ii) by the Governor in |
| 8 | | response to a summary report received from the Executive |
| 9 | | Inspector General in accordance with Section 20-50 of the |
| 10 | | State Officials and Employees Ethics Act, provided he or she |
| 11 | | has an opportunity to be publicly heard in person or by counsel |
| 12 | | prior to removal. Within 30 days after the office of any |
| 13 | | Director member becomes vacant for any reason, the appointing |
| 14 | | authorities of the Director such member shall make an |
| 15 | | appointment to fill the vacancy. A vacancy shall be filled for |
| 16 | | the unexpired term. |
| 17 | | Whenever a vacancy for a Director, except as to the |
| 18 | | Chairman or those Directors appointed by the Mayor of the City |
| 19 | | of Chicago, exists for longer than 4 months, the new Director |
| 20 | | shall be chosen by election by all legislative members in the |
| 21 | | General Assembly representing the affected area. In order to |
| 22 | | qualify as a voting legislative member in this matter, the |
| 23 | | affected area must be more than 50% of the geographic area of |
| 24 | | the legislative district. |
| 25 | | (Source: P.A. 95-708, eff. 1-18-08; 96-1528, eff. 7-1-11.)
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| 1 | | (70 ILCS 3615/3.04) (from Ch. 111 2/3, par. 703.04) |
| 2 | | Sec. 3.04. Compensation. Each Director including the |
| 3 | | Chairman, except for the Chairman of the Chicago Transit |
| 4 | | Authority who shall not be compensated by the Authority, shall |
| 5 | | be compensated at the rate of $15,000 $25,000 per year. |
| 6 | | Payments shall be made monthly. A director shall not be |
| 7 | | eligible for pay for a month if the director is absent from any |
| 8 | | regularly scheduled meeting, unless due to illness or an |
| 9 | | emergency. |
| 10 | | Directors shall be required to complete an annual training |
| 11 | | on financial management and procurement laws, policies, and |
| 12 | | procedures. Directors who failed to complete the required |
| 13 | | trainings shall not be eligible for compensation. |
| 14 | | Officers of the Authority shall not be required to comply |
| 15 | | with the requirements of "An Act requiring certain custodians |
| 16 | | of public moneys to file and publish statements of the |
| 17 | | receipts and disbursements thereof", approved June 24, 1919, |
| 18 | | as now or hereafter amended. |
| 19 | | (Source: P.A. 83-885; 83-886.)
|
| 20 | | (70 ILCS 3615/3.05) (from Ch. 111 2/3, par. 703.05) |
| 21 | | Sec. 3.05. Meetings. The Board shall prescribe the times |
| 22 | | and places for meetings and the manner in which special |
| 23 | | meetings may be called. The Board shall comply in all respects |
| 24 | | with the "Open Meetings Act", approved July 11, 1957, as now or |
| 25 | | hereafter amended. All records, documents and papers of the |
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| 1 | | Authority, other than those relating to matters concerning |
| 2 | | which closed sessions of the Board may be held, shall be |
| 3 | | available for public examination, subject to such reasonable |
| 4 | | regulations as the Board may adopt. |
| 5 | | A majority of the Directors holding office shall |
| 6 | | constitute a quorum for the conduct of business. Except as |
| 7 | | otherwise provided in this Act, a supermajority vote the |
| 8 | | affirmative votes of at least 9 Directors shall be necessary |
| 9 | | for approving any contract or agreement, adopting any rule or |
| 10 | | regulation, and any other action required by this Act to be |
| 11 | | taken by resolution or ordinance. |
| 12 | | The Board shall meet with the Regional Citizens Advisory |
| 13 | | Board at least once every 4 months. |
| 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.)
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| 25 | | (70 ILCS 3615/3.13 new) |
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| 1 | | Sec. 3.13. Board members' professional development |
| 2 | | leadership training. |
| 3 | | (a) In addition to any other training requirements that |
| 4 | | may be established under Illinois law or ordinance adopted by |
| 5 | | the Authority, every Director of the Board of the Authority |
| 6 | | and member of the Service Boards must participate in a |
| 7 | | mandatory training seminar within the first 3 months of the |
| 8 | | Director's or member's term of office. The training shall |
| 9 | | consist of at least 4 hours of professional development |
| 10 | | leadership training covering topics that shall include, but |
| 11 | | are not limited to, financial oversight and accountability, |
| 12 | | procurement, audits, fiduciary responsibilities of a member of |
| 13 | | a governing board, and conflicts of interest. The training |
| 14 | | shall be completed by each member of the board every 2 years. |
| 15 | | (b) The training under this Section may be provided by the |
| 16 | | Authority's legal counsel or ethics officer or by other |
| 17 | | qualified providers. The Authority may contract with a |
| 18 | | qualified provider to provide the training required under this |
| 19 | | Section. |
| 20 | | (c) Any Director of the Board of the Authority or member of |
| 21 | | the Service Boards who does not timely complete the training |
| 22 | | required under this Section is not eligible to serve on the |
| 23 | | Board of the Authority or the Service Board, unless (i) the |
| 24 | | Director or member completes the missed training within 30 |
| 25 | | days after the date the Director or member failed to complete |
| 26 | | the required training or (ii) the Director or member has a |
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| 1 | | legitimate medical excuse. Upon resolution of the |
| 2 | | circumstances giving rise to a legitimate medical excuse, the |
| 3 | | Director or member shall have 30 days to complete the required |
| 4 | | training. If the Director or member fails to complete the |
| 5 | | training required under this Section, then the secretary of |
| 6 | | the Board of the Authority or Service Board shall notify (i) |
| 7 | | the Chair of the Board of the Authority, (ii) the Service |
| 8 | | Board, if the Director or member is a member of a Service |
| 9 | | Board, and (iii) the authority that appointed the Director or |
| 10 | | member. |
| 11 | | (d) A Director of the Board of the Authority or member of a |
| 12 | | Service Board in violation of this Section may not be |
| 13 | | compensated for service as a Director of the Board of the |
| 14 | | Authority or as a member of a Service Board. |
| 15 | | (e) Failure of the Director or member to complete the |
| 16 | | training required by this Section does not affect the validity |
| 17 | | of any action taken by the Authority or the Service Board.
|
| 18 | | (70 ILCS 3615/3A.01) (from Ch. 111 2/3, par. 703A.01) |
| 19 | | Sec. 3A.01. Suburban Bus Division. There is established |
| 20 | | within the Authority the Suburban Bus Division as the |
| 21 | | operating division responsible for providing public |
| 22 | | transportation by bus and as may be provided in this Act. |
| 23 | | Purchase of service agreements between a Transportation Agency |
| 24 | | transportation agency and the Authority in effect on the |
| 25 | | effective date of this amendatory Act shall remain in full |
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| 1 | | force and effect in accordance with the terms of such |
| 2 | | agreement. Such agreements shall first be the responsibility |
| 3 | | of the Transition Board and, on the date of its creation, shall |
| 4 | | be the responsibility of the Suburban Bus Division and its |
| 5 | | Board. |
| 6 | | (Source: P.A. 83-885; 83-886.)
|
| 7 | | (70 ILCS 3615/3A.02) (from Ch. 111 2/3, par. 703A.02) |
| 8 | | Sec. 3A.02. Suburban Bus Board. |
| 9 | | (a) The governing body of the Suburban Bus Division shall |
| 10 | | be the Suburban Bus Board. Until July 1, 2026, the Suburban Bus |
| 11 | | Board shall consist shall be a board consisting of 13 |
| 12 | | directors appointed as follows: |
| 13 | | (1) (a) Six Directors appointed by the members of the |
| 14 | | Cook County Board elected from that part of Cook County |
| 15 | | outside of Chicago, or in the event such Board of |
| 16 | | Commissioners becomes elected from single member |
| 17 | | districts, by those Commissioners elected from districts, |
| 18 | | a majority of the residents of which reside outside of |
| 19 | | Chicago from the chief executive officers of the |
| 20 | | municipalities, of that portion of Cook County outside of |
| 21 | | Chicago. Provided however, that: |
| 22 | | (A) (i) One of the Directors shall be the chief |
| 23 | | executive officer of a municipality within the area of |
| 24 | | the Northwest Region defined in Section 3A.13; |
| 25 | | (B) (ii) One of the Directors shall be the chief |
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| 1 | | executive officer of a municipality within the area of |
| 2 | | the North Central Region defined in Section 3A.13; |
| 3 | | (C) (iii) One of the Directors shall be the chief |
| 4 | | executive officer of a municipality within the area of |
| 5 | | the North Shore Region defined in Section 3A.13; |
| 6 | | (D) (iv) One of the Directors shall be the chief |
| 7 | | executive officer of a municipality within the area of |
| 8 | | the Central Region defined in Section 3A.13; |
| 9 | | (E) (v) One of the Directors shall be the chief |
| 10 | | executive officer of a municipality within the area of |
| 11 | | the Southwest Region defined in Section 3A.13; |
| 12 | | (F) (vi) One of the Directors shall be the chief |
| 13 | | executive officer of a municipality within the area of |
| 14 | | the South Region defined in Section 3A.13; |
| 15 | | (2) (b) One Director by the Chairman of the Kane |
| 16 | | County Board who shall be a chief executive officer of a |
| 17 | | municipality within Kane County; |
| 18 | | (3) (c) One Director by the Chairman of the Lake |
| 19 | | County Board who shall be a chief executive officer of a |
| 20 | | municipality within Lake County; |
| 21 | | (4) (d) One Director by the Chairman of the DuPage |
| 22 | | County Board who shall be a chief executive officer of a |
| 23 | | municipality within DuPage County; |
| 24 | | (5) (e) One Director by the Chairman of the McHenry |
| 25 | | County Board who shall be a chief executive officer of a |
| 26 | | municipality within McHenry County; |
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| 1 | | (6) (f) One Director by the Chairman of the Will |
| 2 | | County Board who shall be a chief executive officer of a |
| 3 | | municipality within Will County; |
| 4 | | (7) (g) The Commissioner of the Mayor's Office for |
| 5 | | People with Disabilities, from the City of Chicago, who |
| 6 | | shall serve as an ex officio ex-officio member; and |
| 7 | | (8) (h) The Chairman by the Governor for the initial |
| 8 | | term, and thereafter by a majority of the Chairmen of the |
| 9 | | DuPage, Kane, Lake, McHenry and Will County Boards and the |
| 10 | | members of the Cook County Board elected from that part of |
| 11 | | Cook County outside of Chicago, or in the event such Board |
| 12 | | of Commissioners is elected from single member districts, |
| 13 | | by those Commissioners elected from districts, a majority |
| 14 | | of the electors of which reside outside of Chicago; and |
| 15 | | who after the effective date of this amendatory Act of the |
| 16 | | 95th General Assembly may not be a resident of the City of |
| 17 | | Chicago. |
| 18 | | (b) Beginning July 1, 2026, the board shall consist of 11 |
| 19 | | directors appointed as follows: |
| 20 | | (1) One director appointed by the Governor, with the |
| 21 | | advice and consent of the Senate. The director appointed |
| 22 | | under this paragraph shall have an initial term of 3 |
| 23 | | years. The director appointed under this paragraph shall |
| 24 | | also serve as a Director of the Northern Illinois Transit |
| 25 | | Authority. |
| 26 | | (2) Two directors appointed by the Mayor of Chicago |
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| 1 | | with the advice and consent of the City Council of the City |
| 2 | | of Chicago, including: |
| 3 | | (A) a director with an initial term of 5 years who |
| 4 | | shall serve as a Director on the Board of the |
| 5 | | Authority; and |
| 6 | | (B) a director with an initial term of 3 years. |
| 7 | | (3) Three directors appointed by the President of the |
| 8 | | Cook County Board of Commissioners with the advice and |
| 9 | | consent of the Cook County Board of Commissioners, |
| 10 | | including: |
| 11 | | (A) a director with an initial term of 5 years who |
| 12 | | shall serve as a Director on the Board of the |
| 13 | | Authority; |
| 14 | | (B) a director with an initial term of 3 years who |
| 15 | | shall serve as a Director on the Board of the |
| 16 | | Authority; and |
| 17 | | (C) a director with an initial term of 5 years. |
| 18 | | (4) One director appointed by the Chairman of the |
| 19 | | DuPage County Board. The director appointed under this |
| 20 | | paragraph shall have an initial term of 3 years. The |
| 21 | | director appointed under this paragraph shall also serve |
| 22 | | as a Director on the Board of the Authority. |
| 23 | | (5) One director appointed by the Chairman of the Kane |
| 24 | | County Board. The director appointed under this paragraph |
| 25 | | shall have an initial term of 5 years. The director |
| 26 | | appointed under this paragraph shall also serve as a |
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| 1 | | Director on the Board of the Authority. |
| 2 | | (6) One director appointed by the Chairman of the Lake |
| 3 | | County Board. The director appointed under this paragraph |
| 4 | | shall have an initial term of 5 years. |
| 5 | | (7) One director appointed by the Chairman of the |
| 6 | | McHenry County Board. The director appointed under this |
| 7 | | paragraph shall have an initial term of 3 years. |
| 8 | | (8) One director appointed by the County Executive of |
| 9 | | Will County Board. The director appointed under this |
| 10 | | paragraph shall reside in Will County. The director |
| 11 | | appointed under this paragraph shall have an initial term |
| 12 | | of 5 years. The director appointed under this paragraph |
| 13 | | shall also serve as a Director on the Board of the |
| 14 | | Authority. |
| 15 | | (c) The subsequent terms of each director appointed under |
| 16 | | subsection (b) shall be 5 years. |
| 17 | | (d) The Chairman of the Suburban Bus Board shall be |
| 18 | | elected by a simple majority vote by the directors of the |
| 19 | | Suburban Bus Board from among the directors of the Suburban |
| 20 | | Bus Board. |
| 21 | | (e) Initial appointments of directors under subsection (b) |
| 22 | | must be made in time for the directors to begin their terms on |
| 23 | | July 1, 2026. |
| 24 | | (f) On July 1, 2026, the terms of all directors appointed |
| 25 | | under subsection (a) and of any directors appointed to fill a |
| 26 | | vacancy shall immediately expire. If a vacancy on the Suburban |
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| 1 | | Bus Board occurs before July 1, 2026, then the vacancy shall be |
| 2 | | filled under Section 3A.03. Directors appointed under |
| 3 | | subsection (a) may be reappointed under subsection (b). |
| 4 | | (g) Directors shall have diverse and substantial relevant |
| 5 | | experience or expertise in overseeing the planning, operation, |
| 6 | | or funding of a public transportation system, including, but |
| 7 | | not limited to, backgrounds in urban and regional planning, |
| 8 | | management of large capital projects, labor and workforce |
| 9 | | development, business management, public administration, |
| 10 | | transportation, and transit and ridership advocacy. |
| 11 | | (h) Those responsible for appointing Directors shall |
| 12 | | strive to assemble a set of Directors that, to the greatest |
| 13 | | extent possible, reflects the ethnic, cultural, economic, |
| 14 | | racial, and geographic diversity of the metropolitan region. |
| 15 | | Each appointment made under paragraphs (a) through (g) and |
| 16 | | under Section 3A.03 shall be certified by the appointing |
| 17 | | authority to the Suburban Bus Board which shall maintain the |
| 18 | | certifications as part of the official records of the Suburban |
| 19 | | Bus Board; provided that the initial appointments shall be |
| 20 | | certified to the Secretary of State, who shall transmit the |
| 21 | | certifications to the Suburban Bus Board following its |
| 22 | | organization. |
| 23 | | For the purposes of this Section, "chief executive officer |
| 24 | | of a municipality" includes a former chief executive officer |
| 25 | | of a municipality within the specified Region or County, |
| 26 | | provided that the former officer continues to reside within |
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| 1 | | such Region or County. |
| 2 | | (Source: P.A. 95-906, eff. 8-26-08.)
|
| 3 | | (70 ILCS 3615/3A.03) (from Ch. 111 2/3, par. 703A.03) |
| 4 | | Sec. 3A.03. Terms, Vacancies. Each The initial term of the |
| 5 | | directors appointed pursuant to subdivision (a) of Section |
| 6 | | 3A.02 shall expire on June 30, 1985; the initial term of the |
| 7 | | directors appointed pursuant to subdivisions (b) through (g) |
| 8 | | of Section 3A.02 shall expire on June 30, 1986. Thereafter, |
| 9 | | each director shall serve be appointed for a term of 4 years, |
| 10 | | and until his successor has been appointed and qualified. A |
| 11 | | vacancy shall occur upon the resignation, death, conviction of |
| 12 | | a felony, or removal from office of a director. Any director |
| 13 | | may be removed from office (i) upon the concurrence of not less |
| 14 | | than 8 directors, on a formal finding of incompetence, neglect |
| 15 | | of duty, or malfeasance in office or (ii) by the Governor in |
| 16 | | response to a summary report received from the Executive |
| 17 | | Inspector General in accordance with Section 20-50 of the |
| 18 | | State Officials and Employees Ethics Act, provided he or she |
| 19 | | has an opportunity to be publicly heard in person or by counsel |
| 20 | | prior to removal. Within 30 days after the office of any |
| 21 | | director becomes vacant for any reason, the appointing |
| 22 | | authorities of such director shall make an appointment to fill |
| 23 | | the vacancy. A vacancy shall be filled for the unexpired term. |
| 24 | | The initial directors other than the chairman shall be |
| 25 | | appointed within 180 days of November 9, 1983. |
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| 1 | | On June 1, 1984 the seat of any Director of the Suburban |
| 2 | | Bus Board not yet filled shall be deemed vacant and shall be |
| 3 | | chosen by the election of all the legislative members of the |
| 4 | | General Assembly representing the affected area. In order to |
| 5 | | qualify as a voting legislative member in this matter, the |
| 6 | | affected area must be more than 50% of the geographic area of |
| 7 | | the legislative district. |
| 8 | | (Source: P.A. 96-1528, eff. 7-1-11.)
|
| 9 | | (70 ILCS 3615/3A.05) (from Ch. 111 2/3, par. 703A.05) |
| 10 | | Sec. 3A.05. Appointment of officers and employees. The |
| 11 | | Suburban Bus Board shall, with the advice and consent of the |
| 12 | | Board of the Authority, appoint an Executive Director who |
| 13 | | shall be the chief executive officer of the Division, |
| 14 | | appointed, retained or dismissed with the concurrence of 6 9 |
| 15 | | of the directors of the Suburban Bus Board. The Chair of the |
| 16 | | Board of the Authority and the Executive Director of the |
| 17 | | Authority shall be included in the process for choosing the |
| 18 | | Executive Director of the Suburban Bus Division, including |
| 19 | | membership in any search committee. The Executive Director of |
| 20 | | the Suburban Bus Division shall appoint, retain, and employ |
| 21 | | officers, attorneys, agents, engineers, employees and shall |
| 22 | | organize the staff, shall allocate their functions and duties, |
| 23 | | fix compensation and conditions of employment, and consistent |
| 24 | | with the policies of and direction from the Suburban Bus Board |
| 25 | | take all actions necessary to achieve its purposes, fulfill |
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| 1 | | its responsibilities and carry out its powers, and shall have |
| 2 | | such other powers and responsibilities as the Authority |
| 3 | | Suburban Bus Board shall determine in an ordinance describing |
| 4 | | the position's role, powers, and responsibilities. The |
| 5 | | Executive Director shall be an individual of proven |
| 6 | | transportation and management skills and may not be a director |
| 7 | | member of the Suburban Bus Board. The Executive Director of |
| 8 | | the Suburban Bus Division shall have demonstrated experience |
| 9 | | with one or more of the following areas: (i) public |
| 10 | | transportation system operations; (ii) infrastructure capital |
| 11 | | project management; or (iii) legal or human resource |
| 12 | | management for a public agency. The Executive Director of the |
| 13 | | Suburban Bus Division shall also meet any qualifications that |
| 14 | | may be set, by ordinance, by the Authority. The Suburban Bus |
| 15 | | Division may employ its own professional management personnel |
| 16 | | to provide professional and technical expertise concerning its |
| 17 | | purposes and powers and to assist it in assessing the |
| 18 | | performance of Transportation Agencies transportation agencies |
| 19 | | in the metropolitan region. |
| 20 | | No employee, officer, or agent of the Suburban Bus Board |
| 21 | | may receive a bonus that exceeds 10% of his or her annual |
| 22 | | salary unless that bonus has been reviewed by the Regional |
| 23 | | Transportation Authority Board for a period of 14 days. After |
| 24 | | 14 days, the contract shall be considered reviewed. This |
| 25 | | Section does not apply to usual and customary salary |
| 26 | | adjustments. |
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| 1 | | No unlawful discrimination, as defined and prohibited in |
| 2 | | the Illinois Human Rights Act, shall be made in any term or |
| 3 | | aspect of employment nor shall there be discrimination based |
| 4 | | upon political reasons or factors. The Suburban Bus Board |
| 5 | | shall establish regulations to insure that its discharges |
| 6 | | shall not be arbitrary and that hiring and promotion are based |
| 7 | | on merit. |
| 8 | | The Division shall be subject to the "Illinois Human |
| 9 | | Rights Act", as now or hereafter amended, and the remedies and |
| 10 | | procedure established thereunder. The Suburban Bus Board shall |
| 11 | | file an affirmative action program for employment by it with |
| 12 | | the Department of Human Rights to ensure that applicants are |
| 13 | | employed and that employees are treated during employment, |
| 14 | | without regard to unlawful discrimination. Such affirmative |
| 15 | | action program shall include provisions relating to hiring, |
| 16 | | upgrading, demotion, transfer, recruitment, recruitment |
| 17 | | advertising, selection for training and rates of pay or other |
| 18 | | forms of compensation. |
| 19 | | (Source: P.A. 98-1027, eff. 1-1-15.)
|
| 20 | | (70 ILCS 3615/3A.06) (from Ch. 111 2/3, par. 703A.06) |
| 21 | | Sec. 3A.06. Compensation. The members Chairman of the |
| 22 | | Suburban Bus Board shall receive an annual salary of $15,000, |
| 23 | | except that members of the Suburban Bus Board who are also |
| 24 | | members of the Board of the Authority shall receive $5,000 per |
| 25 | | year in addition to the compensation the members receive for |
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| 1 | | serving on the Board of the Authority , and the other members of |
| 2 | | the Suburban Bus Board shall receive an annual salary of |
| 3 | | $10,000. Each member shall be reimbursed for actual expenses |
| 4 | | incurred in the performance of his duties, not to exceed $5000 |
| 5 | | per year. |
| 6 | | Officers of the Division shall not be required to comply |
| 7 | | with the requirements of the Public Funds Statement |
| 8 | | Publication Act "An Act requiring certain custodians of public |
| 9 | | monies to file and publish statements of the receipts and |
| 10 | | disbursements thereof", approved June 24, 1919, as now or |
| 11 | | hereafter amended. |
| 12 | | (Source: P.A. 84-939.)
|
| 13 | | (70 ILCS 3615/3A.07) (from Ch. 111 2/3, par. 703A.07) |
| 14 | | Sec. 3A.07. Meetings. The Suburban Bus Board shall |
| 15 | | prescribe the time and places for meetings and the manner in |
| 16 | | which special meetings may be called. The Suburban Bus Board |
| 17 | | shall comply in all respects with the "Open Meetings Act", as |
| 18 | | now or hereafter amended. All records, documents and papers of |
| 19 | | the Suburban Bus Division, other than those relating to |
| 20 | | matters concerning which closed sessions of the Suburban Bus |
| 21 | | Board may be held, shall be available for public examination, |
| 22 | | subject to such reasonable regulations as the Suburban Bus |
| 23 | | Board may adopt. |
| 24 | | A majority of the members shall constitute a quorum for |
| 25 | | the conduct of business. The affirmative votes of at least 6 7 |
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| 1 | | members shall be necessary for any action required by this Act |
| 2 | | to be taken by ordinance. |
| 3 | | Open meetings of the Board shall be broadcast to the |
| 4 | | public and maintained in real-time on the Board's website |
| 5 | | using a high-speed Internet connection. Recordings of each |
| 6 | | meeting broadcast shall be posted to the Board's website |
| 7 | | within a reasonable time after the meeting and shall be |
| 8 | | maintained as public records to the extent practicable, as |
| 9 | | determined by the Board. Compliance with the provisions of |
| 10 | | this Section amendatory Act of the 98th General Assembly does |
| 11 | | not relieve the Board of its obligations under the Open |
| 12 | | Meetings Act. |
| 13 | | (Source: P.A. 98-1139, eff. 6-1-15.)
|
| 14 | | (70 ILCS 3615/3A.08) (from Ch. 111 2/3, par. 703A.08) |
| 15 | | Sec. 3A.08. Jurisdiction. The Suburban Bus Board shall |
| 16 | | have jurisdiction to provide Any public transportation by bus |
| 17 | | and ADA paratransit services within the metropolitan region, |
| 18 | | other than public transportation by commuter rail or public |
| 19 | | transportation provided by the Chicago Transit Authority |
| 20 | | pursuant to agreements in effect on the effective date of this |
| 21 | | amendatory Act of 1983 or in the City of Chicago and any ADA |
| 22 | | paratransit services provided pursuant to Section 2.30 of the |
| 23 | | Regional Transportation Authority Act, shall be subject to the |
| 24 | | jurisdiction of the Suburban Bus Board. |
| 25 | | (Source: P.A. 94-370, eff. 7-29-05.)
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| 1 | | (70 ILCS 3615/3A.09) (from Ch. 111 2/3, par. 703A.09) |
| 2 | | Sec. 3A.09. Powers General powers. |
| 3 | | (a) The Suburban Bus Board shall: |
| 4 | | (1) oversee the operations and management of the |
| 5 | | Service Board; |
| 6 | | (2) convey the Authority's goals, priorities, and |
| 7 | | requirements to the Service Board; and |
| 8 | | (3) convey information, concerns, and recommendations |
| 9 | | from the Service Board to Authority leadership. |
| 10 | | (b) The Suburban Bus Board shall manage the debt that was |
| 11 | | issued and outstanding by its service board predecessor to |
| 12 | | ensure that the obligations owed to bondholders are fulfilled. |
| 13 | | (c) The Suburban Bus Board shall not have the power to |
| 14 | | issue new debt other than debt or other financial instruments |
| 15 | | designed to refinance or retire debt that was issued and |
| 16 | | outstanding on the effective date of this amendatory Act of |
| 17 | | the 104th General Assembly. |
| 18 | | (d) The status and rights of employees of the Suburban Bus |
| 19 | | Board under any applicable statutes, any applicable collective |
| 20 | | bargaining agreements, or any pension, retirement, or annuity |
| 21 | | plan shall not be affected by this amendatory Act of the 104th |
| 22 | | General Assembly. |
| 23 | | (e) In addition to any powers elsewhere provided to the |
| 24 | | Suburban Bus Board, it shall have all of the powers specified |
| 25 | | in Section 2.20 of this Act, except that for the powers |
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| 1 | | specified in Section 2.20(a)(v) must be delegated to the |
| 2 | | Suburban Bus Board by the Board of the Authority. |
| 3 | | (f) The Suburban Bus Board shall also have the power: |
| 4 | | (1) (a) to cooperate with the Regional |
| 5 | | Transportation Authority in the exercise by the |
| 6 | | Regional Transportation Authority of all the powers |
| 7 | | granted it by such Act; |
| 8 | | (2) (b) to receive funds from the Regional |
| 9 | | Transportation Authority pursuant to Sections 2.02, |
| 10 | | 4.01, 4.02, 4.09 and 4.10 of the Regional |
| 11 | | Transportation Authority Act, all as provided in the |
| 12 | | Regional Transportation Authority Act; |
| 13 | | (3) (c) to receive financial grants from the |
| 14 | | Regional Transportation Authority or a Service Board, |
| 15 | | as defined in the Regional Transportation Authority |
| 16 | | Act, upon such terms and conditions as shall be set |
| 17 | | forth in a grant contract between either the Suburban |
| 18 | | Bus Division and the Regional Transportation Authority |
| 19 | | or the Division and another Service Board, which |
| 20 | | contract or agreement may be for such number of years |
| 21 | | or duration as the parties agree, all as provided in |
| 22 | | the Regional Transportation Authority Act; |
| 23 | | (4) (d) to perform all functions necessary for the |
| 24 | | provision of paratransit services under Section 2.30 |
| 25 | | of this Act; and |
| 26 | | (e) to borrow money for the purposes of: (i) |
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| 1 | | constructing a new garage in the northwestern Cook County |
| 2 | | suburbs, (ii) converting the South Cook garage in Markham |
| 3 | | to a Compressed Natural Gas facility, (iii) constructing a |
| 4 | | new paratransit garage in DuPage County, (iv) expanding |
| 5 | | the North Shore garage in Evanston to accommodate |
| 6 | | additional indoor bus parking, and (v) purchasing new |
| 7 | | transit buses. For the purpose of evidencing the |
| 8 | | obligation of the Suburban Bus Board to repay any money |
| 9 | | borrowed as provided in this subsection, the Suburban Bus |
| 10 | | Board may issue revenue bonds from time to time pursuant |
| 11 | | to ordinance adopted by the Suburban Bus Board, subject to |
| 12 | | the approval of the Regional Transportation Authority of |
| 13 | | each such issuance by the affirmative vote of 12 of its |
| 14 | | then Directors; provided that the Suburban Bus Board may |
| 15 | | not issue bonds for the purpose of financing the |
| 16 | | acquisition, construction, or improvement of any facility |
| 17 | | other than those listed in this subsection (e). All such |
| 18 | | bonds shall be payable solely from the revenues or income |
| 19 | | or any other funds that the Suburban Bus Board may |
| 20 | | receive, provided that the Suburban Bus Board may not |
| 21 | | pledge as security for such bonds the moneys, if any, that |
| 22 | | the Suburban Bus Board receives from the Regional |
| 23 | | Transportation Authority pursuant to Section 4.03.3(f) of |
| 24 | | the Regional Transportation Authority Act. The bonds shall |
| 25 | | bear interest at a rate not to exceed the maximum rate |
| 26 | | authorized by the Bond Authorization Act and shall mature |
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| 1 | | at such time or times not exceeding 25 years from their |
| 2 | | respective dates. Bonds issued pursuant to this paragraph |
| 3 | | must be issued with scheduled principal or mandatory |
| 4 | | redemption payments in equal amounts in each fiscal year |
| 5 | | over the term of the bonds, with the first principal or |
| 6 | | mandatory redemption payment scheduled within the fiscal |
| 7 | | year in which bonds are issued or within the next |
| 8 | | succeeding fiscal year. At least 25%, based on total |
| 9 | | principal amount, of all bonds authorized pursuant to this |
| 10 | | Section shall be sold pursuant to notice of sale and |
| 11 | | public bid. No more than 75%, based on total principal |
| 12 | | amount, of all bonds authorized pursuant to this Section |
| 13 | | shall be sold by negotiated sale. The maximum principal |
| 14 | | amount of the bonds that may be issued may not exceed |
| 15 | | $100,000,000. The bonds shall have all the qualities of |
| 16 | | negotiable instruments under the laws of this State. To |
| 17 | | secure the payment of any or all of such bonds and for the |
| 18 | | purpose of setting forth the covenants and undertakings of |
| 19 | | the Suburban Bus Board in connection with the issuance |
| 20 | | thereof and the issuance of any additional bonds payable |
| 21 | | from such revenue or income as well as the use and |
| 22 | | application of the revenue or income received by the |
| 23 | | Suburban Bus Board, the Suburban Bus Board may execute and |
| 24 | | deliver a trust agreement or agreements; provided that no |
| 25 | | lien upon any physical property of the Suburban Bus Board |
| 26 | | shall be created thereby. A remedy for any breach or |
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| 1 | | default of the terms of any such trust agreement by the |
| 2 | | Suburban Bus Board may be by mandamus proceedings in any |
| 3 | | court of competent jurisdiction to compel performance and |
| 4 | | compliance therewith, but the trust agreement may |
| 5 | | prescribe by whom or on whose behalf such action may be |
| 6 | | instituted. Under no circumstances shall any bonds issued |
| 7 | | by the Suburban Bus Board or any other obligation of the |
| 8 | | Suburban Bus Board in connection with the issuance of such |
| 9 | | bonds be or become an indebtedness or obligation of the |
| 10 | | State of Illinois, the Regional Transportation Authority, |
| 11 | | or any other political subdivision of or municipality |
| 12 | | within the State, nor shall any such bonds or obligations |
| 13 | | be or become an indebtedness of the Suburban Bus Board |
| 14 | | within the purview of any constitutional limitation or |
| 15 | | provision, and it shall be plainly stated on the face of |
| 16 | | each bond that it does not constitute such an indebtedness |
| 17 | | or obligation but is payable solely from the revenues or |
| 18 | | income as aforesaid; and |
| 19 | | (5) (f) to adopt ordinances and make all rules and |
| 20 | | regulations proper or necessary to regulate the use, |
| 21 | | operation, and maintenance of its property and |
| 22 | | facilities and to carry into effect the powers granted |
| 23 | | to the Suburban Bus Board, with any necessary fines or |
| 24 | | penalties, such as the suspension of riding privileges |
| 25 | | or confiscation of fare media under Section 2.40, as |
| 26 | | the Board deems proper. |
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| 1 | | (g) The Suburban Bus Board shall use powers delegated to |
| 2 | | it by the Authority to oversee the delivery of public |
| 3 | | transportation in the metropolitan region, provided that the |
| 4 | | Authority shall retain primary responsibility for setting |
| 5 | | fares, service standards, schedules, and coordinated fare |
| 6 | | collection so that the public transportation system in the |
| 7 | | metropolitan region operates on a one-network, one-timetable, |
| 8 | | one-ticket model for transit users. |
| 9 | | (Source: P.A. 103-281, eff. 1-1-24.)
|
| 10 | | (70 ILCS 3615/3A.12) (from Ch. 111 2/3, par. 703A.12) |
| 11 | | Sec. 3A.12. Working Cash Borrowing. The Suburban Bus Board |
| 12 | | with the affirmative vote of 8 9 of its Directors may request |
| 13 | | demand and direct the Board of the Authority to issue Working |
| 14 | | Cash Notes at such time and in such amounts and having such |
| 15 | | maturities as the Suburban Bus Board deems proper, provided |
| 16 | | however any such borrowing shall have been specifically |
| 17 | | identified in the budget of the Suburban Bus Board as approved |
| 18 | | by the Board of the Authority. Provided further, that the |
| 19 | | Suburban Bus Board may not demand and direct the Board of the |
| 20 | | Authority to have issued and have outstanding at any time in |
| 21 | | excess of $5,000,000 in Working Cash Notes. |
| 22 | | (Source: P.A. 95-906, eff. 8-26-08.)
|
| 23 | | (70 ILCS 3615/3A.14) (from Ch. 111 2/3, par. 703A.14) |
| 24 | | Sec. 3A.14. Labor. |
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| 1 | | (a) The provisions of this Section apply to collective |
| 2 | | bargaining agreements (including extensions and amendments of |
| 3 | | existing agreements) entered into on or after January 1, 1984. |
| 4 | | (b) The Suburban Bus Board shall deal with and enter into |
| 5 | | written contracts with their employees, through accredited |
| 6 | | representatives of such employees authorized to act for such |
| 7 | | employees concerning wages, salaries, hours, working |
| 8 | | conditions, and pension or retirement provisions about which a |
| 9 | | collective bargaining agreement has been entered prior to the |
| 10 | | effective date of this amendatory Act of 1983. Any such |
| 11 | | agreement of the Suburban Bus Board shall provide that the |
| 12 | | agreement may be reopened if the amended budget submitted |
| 13 | | pursuant to Section 2.18a of this Act is not approved by the |
| 14 | | Board of the Authority. The agreement may not include a |
| 15 | | provision requiring the payment of wage increases based on |
| 16 | | changes in the Consumer Price Index. The Suburban Bus Board |
| 17 | | shall not have the authority to enter collective bargaining |
| 18 | | agreements with respect to inherent management rights, which |
| 19 | | include such areas of discretion or policy as the functions of |
| 20 | | the employer, standards of services, its overall budget, the |
| 21 | | organizational structure and selection of new employees and |
| 22 | | direction of personnel. Employers, however, shall be required |
| 23 | | to bargain collectively with regard to policy matters directly |
| 24 | | affecting wages, hours and terms and conditions of employment, |
| 25 | | as well as the impact thereon, upon request by employee |
| 26 | | representatives. To preserve the rights of employers and |
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| 1 | | exclusive representatives which have established collective |
| 2 | | bargaining relationships or negotiated collective bargaining |
| 3 | | agreements prior to the effective date of this amendatory Act |
| 4 | | of 1983, employers shall be required to bargain collectively |
| 5 | | with regard to any matter concerning wages, hours or |
| 6 | | conditions of employment about which they have bargained prior |
| 7 | | to the effective date of this amendatory Act of 1983. |
| 8 | | (c) The collective bargaining agreement may not include a |
| 9 | | prohibition on the use of part-time operators on any service |
| 10 | | operated by the Suburban Bus Board except where prohibited by |
| 11 | | federal law. |
| 12 | | (d) Within 30 days of the signing of any such collective |
| 13 | | bargaining agreement, the Suburban Bus Board shall determine |
| 14 | | the costs of each provision of the agreement, prepare an |
| 15 | | amended budget incorporating the costs of the agreement, and |
| 16 | | present the amended budget to the Board of the Authority for |
| 17 | | its approval under Section 4.11. The Board may approve the |
| 18 | | amended budget by a supermajority vote an affirmative vote of |
| 19 | | 12 of its then Directors. If the budget is not approved by the |
| 20 | | Board of the Authority, the agreement may be reopened and its |
| 21 | | terms may be renegotiated. Any amended budget which may be |
| 22 | | prepared following renegotiation shall be presented to the |
| 23 | | Board of the Authority for its approval in like manner. |
| 24 | | (Source: P.A. 95-708, eff. 1-18-08.)
|
| 25 | | (70 ILCS 3615/3A.15.5 new) |
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| 1 | | Sec. 3A.15.5. Visitor paratransit service. |
| 2 | | (a) Upon certifying that a person is eligible to receive |
| 3 | | complementary paratransit services under 49 CFR Part 37, |
| 4 | | Subpart F or within 10 business days after receiving a |
| 5 | | certified person's request for documentation of eligibility |
| 6 | | for those services, the Suburban Bus Board shall provide the |
| 7 | | person with documentation of the person's certification of |
| 8 | | eligibility for those services. |
| 9 | | (b) If a person provides the Suburban Bus Board with |
| 10 | | documentation of the person's certification of eligibility to |
| 11 | | receive complementary paratransit services under 49 CFR Part |
| 12 | | 37, Subpart F, then the Suburban Bus Board shall provide those |
| 13 | | services to the person within one business day after receiving |
| 14 | | the documentation. |
| 15 | | (c) The procedures used by the Suburban Bus Board to |
| 16 | | document a person's certification of eligibility for |
| 17 | | complementary paratransit services under 49 CFR Part 37, |
| 18 | | Subpart F shall not require the disclosure or recording of any |
| 19 | | specific information about an individual's disability.
|
| 20 | | (70 ILCS 3615/3B.01) (from Ch. 111 2/3, par. 703B.01) |
| 21 | | Sec. 3B.01. Commuter Rail Division. There is established |
| 22 | | within the Authority the Commuter Rail Division as the |
| 23 | | operating division responsible for providing public |
| 24 | | transportation by commuter rail. Purchase of service |
| 25 | | agreements between a Transportation Agency transportation |
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| 1 | | agency and the Authority in effect on the effective date of |
| 2 | | this amendatory Act shall remain in full force and effect in |
| 3 | | accordance with the terms of such agreement. Such agreements |
| 4 | | shall first be the responsibility of the Transition Board and, |
| 5 | | on the date of its creation, shall become the responsibility |
| 6 | | of the Commuter Rail Division and its Board. |
| 7 | | (Source: P.A. 83-885; 83-886.)
|
| 8 | | (70 ILCS 3615/3B.02) (from Ch. 111 2/3, par. 703B.02) |
| 9 | | Sec. 3B.02. Commuter Rail Board. |
| 10 | | (a) Until April 1, 2008, the governing body of the |
| 11 | | Commuter Rail Division shall be a board consisting of 7 |
| 12 | | directors appointed pursuant to Sections 3B.03 and 3B.04, as |
| 13 | | follows: |
| 14 | | (1) One director shall be appointed by the Chairman of |
| 15 | | the Board of DuPage County with the advice and consent of |
| 16 | | the County Board of DuPage County and shall reside in |
| 17 | | DuPage County. |
| 18 | | (2) Two directors appointed by the Chairmen of the |
| 19 | | County Boards of Kane, Lake, McHenry and Will Counties |
| 20 | | with the concurrence of not less than a majority of the |
| 21 | | chairmen from such counties, from nominees by the |
| 22 | | Chairmen. Each such chairman may nominate not more than |
| 23 | | two persons for each position. Each such director shall |
| 24 | | reside in a county in the metropolitan region other than |
| 25 | | Cook or DuPage County. |
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| 1 | | (3) Three directors appointed by the members of the |
| 2 | | Cook County Board elected from that part of Cook County |
| 3 | | outside of Chicago, or, in the event such Board of |
| 4 | | Commissioners becomes elected from single member |
| 5 | | districts, by those Commissioners elected from districts, |
| 6 | | a majority of the residents of which reside outside |
| 7 | | Chicago. In either case, such appointment shall be with |
| 8 | | the concurrence of four such Commissioners. Each such |
| 9 | | director shall reside in that part of Cook County outside |
| 10 | | Chicago. |
| 11 | | (4) One director appointed by the Mayor of the City of |
| 12 | | Chicago, with the advice and consent of the City Council |
| 13 | | of the City of Chicago. Such director shall reside in the |
| 14 | | City of Chicago. |
| 15 | | (5) The chairman shall be appointed by the directors, |
| 16 | | from the members of the board, with the concurrence of 5 of |
| 17 | | such directors. |
| 18 | | (b) After April 1, 2008 the governing body of the Commuter |
| 19 | | Rail Division shall be a board consisting of 11 directors |
| 20 | | appointed, pursuant to Sections 3B.03 and 3B.04, as follows: |
| 21 | | (1) One Director shall be appointed by the Chairman of |
| 22 | | the DuPage County Board with the advice and consent of the |
| 23 | | DuPage County Board and shall reside in DuPage County. To |
| 24 | | implement the changes in appointing authority under this |
| 25 | | Section, upon the expiration of the term of or vacancy in |
| 26 | | office of the Director appointed under item (1) of |
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| 1 | | subsection (a) of this Section who resides in DuPage |
| 2 | | County, a Director shall be appointed under this |
| 3 | | subparagraph. |
| 4 | | (2) One Director shall be appointed by the Chairman of |
| 5 | | the McHenry County Board with the advice and consent of |
| 6 | | the McHenry County Board and shall reside in McHenry |
| 7 | | County. To implement the change in appointing authority |
| 8 | | under this Section, upon the expiration of the term of or |
| 9 | | vacancy in office of the Director appointed under item (2) |
| 10 | | of subsection (a) of this Section who resides in McHenry |
| 11 | | County, a Director shall be appointed under this |
| 12 | | subparagraph. |
| 13 | | (3) One Director shall be appointed by the Will County |
| 14 | | Executive with the advice and consent of the Will County |
| 15 | | Board and shall reside in Will County. To implement the |
| 16 | | change in appointing authority under this Section, upon |
| 17 | | the expiration of the term of or vacancy in office of the |
| 18 | | Director appointed under item (2) of subsection (a) of |
| 19 | | this Section who resides in Will County, a Director shall |
| 20 | | be appointed under this subparagraph. |
| 21 | | (4) One Director shall be appointed by the Chairman of |
| 22 | | the Lake County Board with the advice and consent of the |
| 23 | | Lake County Board and shall reside in Lake County. |
| 24 | | (5) One Director shall be appointed by the Chairman of |
| 25 | | the Kane County Board with the advice and consent of the |
| 26 | | Kane County Board and shall reside in Kane County. |
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| 1 | | (6) One Director shall be appointed by the Mayor of |
| 2 | | the City of Chicago with the advice and consent of the City |
| 3 | | Council of the City of Chicago and shall reside in the City |
| 4 | | of Chicago. To implement the changes in appointing |
| 5 | | authority under this Section, upon the expiration of the |
| 6 | | term of or vacancy in office of the Director appointed |
| 7 | | under item (4) of subsection (a) of this Section who |
| 8 | | resides in the City of Chicago, a Director shall be |
| 9 | | appointed under this subparagraph. |
| 10 | | (7) Five Directors residing in Cook County outside of |
| 11 | | the City of Chicago, as follows: |
| 12 | | (i) One Director who resides in Cook County |
| 13 | | outside of the City of Chicago, appointed by the |
| 14 | | President of the Cook County Board with the advice and |
| 15 | | consent of the members of the Cook County Board. |
| 16 | | (ii) One Director who resides in the township of |
| 17 | | Barrington, Palatine, Wheeling, Hanover, Schaumburg, |
| 18 | | or Elk Grove. To implement the changes in appointing |
| 19 | | authority under this Section, upon the expiration of |
| 20 | | the term of or vacancy in office of the Director |
| 21 | | appointed under paragraph (3) of subsection (a) of |
| 22 | | this Section who resides in the geographic area |
| 23 | | described in this subparagraph, a Director shall be |
| 24 | | appointed under this subparagraph. |
| 25 | | (iii) One Director who resides in the township of |
| 26 | | Northfield, New Trier, Maine, Niles, Evanston, Leyden, |
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| 1 | | Norwood Park, River Forest, or Oak Park. |
| 2 | | (iv) One Director who resides in the township of |
| 3 | | Proviso, Riverside, Berwyn, Cicero, Lyons, Stickney, |
| 4 | | Lemont, Palos, or Orland. To implement the changes in |
| 5 | | appointing authority under this Section, upon the |
| 6 | | expiration of the term of or vacancy in office of the |
| 7 | | Director appointed under paragraph (3) of subsection |
| 8 | | (a) of this Section who resides in the geographic area |
| 9 | | described in this subparagraph and whose term of |
| 10 | | office had not expired as of August 1, 2007, a Director |
| 11 | | shall be appointed under this subparagraph. |
| 12 | | (v) One Director who resides in the township of |
| 13 | | Worth, Calumet, Bremen, Thornton, Rich, or Bloom. To |
| 14 | | implement the changes in appointing authority under |
| 15 | | this Section, upon the expiration of the term of or |
| 16 | | vacancy in office of the Director appointed under |
| 17 | | paragraph (3) of subsection (a) of this Section who |
| 18 | | resides in the geographic area described in this |
| 19 | | subparagraph and whose term of office had expired as |
| 20 | | of August 1, 2007, a Director shall be appointed under |
| 21 | | this subparagraph. |
| 22 | | (vi) The Directors identified under the provisions |
| 23 | | of subparagraphs (ii) through (v) of this paragraph |
| 24 | | (7) shall be appointed by the members of the Cook |
| 25 | | County Board. Each individual Director shall be |
| 26 | | appointed by those members of the Cook County Board |
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| 1 | | whose Board districts overlap in whole or in part with |
| 2 | | the geographic territory described in the relevant |
| 3 | | subparagraph. The vote of County Board members |
| 4 | | eligible to appoint directors under the provisions of |
| 5 | | subparagraphs (ii) through (v) of this paragraph (7) |
| 6 | | shall be weighted by the number of electors residing |
| 7 | | in those portions of their Board districts within the |
| 8 | | geographic territory described in the relevant |
| 9 | | subparagraph (ii) through (v) of this paragraph (7). |
| 10 | | (8) The Chairman shall be appointed by the Directors, |
| 11 | | from the members of the Board, with the concurrence of 8 of |
| 12 | | such Directors. To implement the changes in appointing |
| 13 | | authority under this Section, upon the expiration of the |
| 14 | | term of or vacancy in office of the Chairman appointed |
| 15 | | under item (5) of subsection (a) of this Section, a |
| 16 | | Chairman shall be appointed under this subparagraph. |
| 17 | | (c) No director, while serving as such, shall be an |
| 18 | | officer, a member of the board of directors or trustee or an |
| 19 | | employee of any Transportation Agency transportation agency, |
| 20 | | or be an employee of the State of Illinois or any department or |
| 21 | | agency thereof, or of any county, municipality, or any other |
| 22 | | unit of local government or receive any compensation from any |
| 23 | | elected or appointed office under the Constitution and laws of |
| 24 | | Illinois. |
| 25 | | (d) Each appointment made under subsections (a) and (b) of |
| 26 | | this Section and under Section 3B.03 shall be certified by the |
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| 1 | | appointing authority to the Commuter Rail Board which shall |
| 2 | | maintain the certifications as part of the official records of |
| 3 | | the Commuter Rail Board. |
| 4 | | (e) This Section is repealed on July 1, 2026. |
| 5 | | (Source: P.A. 98-709, eff. 7-16-14.)
|
| 6 | | (70 ILCS 3615/3B.02.5 new) |
| 7 | | Sec. 3B.02.5. Commuter Rail Board. |
| 8 | | (a) The governing body of the Commuter Rail Division shall |
| 9 | | be the Commuter Rail Board. Beginning July 1, 2026, the |
| 10 | | Commuter Rail Board shall consist of 11 directors appointed as |
| 11 | | follows: |
| 12 | | (1) One director appointed by the Governor, with the |
| 13 | | advice and consent of the Senate. The director appointed |
| 14 | | under this paragraph shall have an initial term of 5 |
| 15 | | years. The director appointed under this paragraph shall |
| 16 | | also serve as a Director of the Northern Illinois Transit |
| 17 | | Authority. |
| 18 | | (2) Two directors appointed by the Mayor of Chicago |
| 19 | | with the advice and consent of the City Council of the City |
| 20 | | of Chicago, including: |
| 21 | | (A) a director with an initial term of 3 years who |
| 22 | | shall also serve as a Director on the Board of the |
| 23 | | Authority; and |
| 24 | | (B) a director with an initial term of 5 years. |
| 25 | | (3) Three directors appointed by the President of the |
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| 1 | | Cook County Board of Commissioners with the advice and |
| 2 | | consent of the Cook County Board of Commissioners, |
| 3 | | including: |
| 4 | | (A) a director with an initial term of 3 years who |
| 5 | | shall also serve as a Director on the Board of the |
| 6 | | Authority; |
| 7 | | (B) a director with an initial term of 5 years who |
| 8 | | shall also serve as a Director on the Board of the |
| 9 | | Authority; and |
| 10 | | (C) a director with an initial term of 3 years. |
| 11 | | (4) One director appointed by the Chairman of the |
| 12 | | DuPage County Board. The director appointed under this |
| 13 | | paragraph shall have an initial term of 5 years. |
| 14 | | (5) One director appointed by the Chairman of the Kane |
| 15 | | County Board. The director appointed under this paragraph |
| 16 | | shall have an initial term of 3 years. |
| 17 | | (6) One director appointed by the Chairman of the Lake |
| 18 | | County Board. The director appointed under this paragraph |
| 19 | | shall have an initial term of 3 years. The director |
| 20 | | appointed under this paragraph shall also serve as a |
| 21 | | Director on the Board of the Authority. |
| 22 | | (7) One director appointed by the Chairman of the |
| 23 | | McHenry County Board. The director appointed under this |
| 24 | | paragraph shall have an initial term of 5 years. The |
| 25 | | director appointed under this paragraph shall also serve |
| 26 | | as a Director on the Board of the Authority. |
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| 1 | | (8) One director appointed by the County Executive of |
| 2 | | Will County. The director appointed under this paragraph |
| 3 | | shall reside in Will County. The director appointed under |
| 4 | | this paragraph shall have an initial term of 3 years. |
| 5 | | (b) The subsequent terms of each director appointed under |
| 6 | | subsection (a) shall be 5 years. |
| 7 | | (c) The Chairman of the Commuter Rail Board shall be |
| 8 | | elected by a simple majority vote by the directors of the Board |
| 9 | | from among the directors of the Commuter Rail Board. |
| 10 | | (d) Initial appointments of directors under subsection (a) |
| 11 | | must be made in time for the directors to begin their terms on |
| 12 | | July 1, 2026. |
| 13 | | (e) On July 1, 2026, the terms of all directors serving on |
| 14 | | the effective date of this amendatory Act of the 104th General |
| 15 | | Assembly and of any directors appointed to fill a vacancy |
| 16 | | shall immediately expire. If a vacancy on the Board occurs |
| 17 | | before July 1, 2026, then the vacancy shall be filled under |
| 18 | | Section 3B.03. Directors serving on the effective date of this |
| 19 | | amendatory Act of the 104th General Assembly may be |
| 20 | | reappointed under subsection (a). |
| 21 | | (f) Directors shall have diverse and substantial relevant |
| 22 | | experience and expertise for overseeing the planning, |
| 23 | | operation, and funding of a regional transportation system, |
| 24 | | including, but not limited to, backgrounds in urban and |
| 25 | | regional planning, management of large capital projects, labor |
| 26 | | and workforce development, business management, public |
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| 1 | | administration, transportation, and community organizations. |
| 2 | | (g) Those responsible for appointing directors shall |
| 3 | | strive to assemble a set of directors that, to the greatest |
| 4 | | extent possible, reflects the ethnic, cultural, economic, |
| 5 | | racial, and geographic diversity of the metropolitan region.
|
| 6 | | (70 ILCS 3615/3B.03) (from Ch. 111 2/3, par. 703B.03) |
| 7 | | Sec. 3B.03. Terms, Vacancies. Each director shall serve be |
| 8 | | appointed for a term of 4 years, and until his successor has |
| 9 | | been appointed and qualified. A vacancy shall occur upon the |
| 10 | | resignation, death, conviction of a felony, or removal from |
| 11 | | office of a director. Any director may be removed from office |
| 12 | | (i) upon the concurrence of not less than 8 directors, on a |
| 13 | | formal finding of incompetence, neglect of duty, or |
| 14 | | malfeasance in office or (ii) by the Governor in response to a |
| 15 | | summary report received from the Executive Inspector General |
| 16 | | in accordance with Section 20-50 of the State Officials and |
| 17 | | Employees Ethics Act, provided he or she has an opportunity to |
| 18 | | be publicly heard in person or by counsel prior to removal. |
| 19 | | Within 30 days after the office of any director becomes vacant |
| 20 | | for any reason, the appropriate appointing authorities of the |
| 21 | | such director, as provided in Section 3B.02 or 3B.02.5, as |
| 22 | | applicable, shall make an appointment to fill the vacancy. A |
| 23 | | vacancy shall be filled for the unexpired term. |
| 24 | | (Source: P.A. 95-708, eff. 1-18-08; 96-1528, eff. 7-1-11.)
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| 1 | | (70 ILCS 3615/3B.05) (from Ch. 111 2/3, par. 703B.05) |
| 2 | | Sec. 3B.05. Appointment of officers and employees. The |
| 3 | | Commuter Rail Board shall, with the advice and consent of the |
| 4 | | Board of the Authority, appoint an Executive Director who |
| 5 | | shall be the chief executive officer of the Division, |
| 6 | | appointed, retained or dismissed with the concurrence of 7 8 |
| 7 | | of the directors of the Commuter Rail Board. The Chair of the |
| 8 | | Board of the Authority and the Executive Director of the |
| 9 | | Authority shall be included in the process for choosing the |
| 10 | | Executive Director of the Commuter Rail Division, including |
| 11 | | membership in any search committee. The Executive Director of |
| 12 | | the Commuter Rail Division shall appoint, retain and employ |
| 13 | | officers, attorneys, agents, engineers, employees and shall |
| 14 | | organize the staff, shall allocate their functions and duties, |
| 15 | | fix compensation and conditions of employment, and consistent |
| 16 | | with the policies of and direction from the Commuter Rail |
| 17 | | Board take all actions necessary to achieve its purposes, |
| 18 | | fulfill its responsibilities and carry out its powers, and |
| 19 | | shall have such other powers and responsibilities as the |
| 20 | | Authority Commuter Rail Board shall determine and describe in |
| 21 | | an ordinance describing the position's role, powers, and |
| 22 | | responsibilities. The Executive Director shall be an |
| 23 | | individual of proven transportation and management skills and |
| 24 | | may not be a member of the Commuter Rail Board. The Executive |
| 25 | | Director of the Commuter Rail Division shall have demonstrated |
| 26 | | experience with one or more of the following areas: (i) public |
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| 1 | | transportation system operations; (ii) infrastructure capital |
| 2 | | project management; or (iii) legal or human resource |
| 3 | | management for a public agency. The Executive Director of the |
| 4 | | Commuter Rail Division shall also satisfy any qualifications |
| 5 | | that may be set, by ordinance, by the Authority. The Division |
| 6 | | may employ its own professional management personnel to |
| 7 | | provide professional and technical expertise concerning its |
| 8 | | purposes and powers and to assist it in assessing the |
| 9 | | performance of Transportation Agencies transportation agencies |
| 10 | | in the metropolitan region. |
| 11 | | No employee, officer, or agent of the Commuter Rail Board |
| 12 | | may receive a bonus that exceeds 10% of his or her annual |
| 13 | | salary unless that bonus has been reviewed by the Regional |
| 14 | | Transportation Authority Board for a period of 14 days. After |
| 15 | | 14 days, the bonus contract shall be considered reviewed. This |
| 16 | | Section does not apply to usual and customary salary |
| 17 | | adjustments. |
| 18 | | No unlawful discrimination, as defined and prohibited in |
| 19 | | the Illinois Human Rights Act, shall be made in any term or |
| 20 | | aspect of employment nor shall there be discrimination based |
| 21 | | upon political reasons or factors. The Commuter Rail Board |
| 22 | | shall establish regulations to insure that its discharges |
| 23 | | shall not be arbitrary and that hiring and promotion are based |
| 24 | | on merit. |
| 25 | | The Division shall be subject to the "Illinois Human |
| 26 | | Rights Act", as now or hereafter amended, and the remedies and |
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| 1 | | procedure established thereunder. The Commuter Rail Board |
| 2 | | shall file an affirmative action program for employment by it |
| 3 | | with the Department of Human Rights to ensure that applicants |
| 4 | | are employed and that employees are treated during employment, |
| 5 | | without regard to unlawful discrimination. Such affirmative |
| 6 | | action program shall include provisions relating to hiring, |
| 7 | | upgrading, demotion, transfer, recruitment, recruitment |
| 8 | | advertising, selection for training and rates of pay or other |
| 9 | | forms of compensation. |
| 10 | | (Source: P.A. 98-1027, eff. 1-1-15.)
|
| 11 | | (70 ILCS 3615/3B.06) (from Ch. 111 2/3, par. 703B.06) |
| 12 | | Sec. 3B.06. Compensation. Directors The Chairman of the |
| 13 | | Commuter Rail Board shall receive an annual salary of $25,000. |
| 14 | | Other members of the Commuter Rail Board shall receive an |
| 15 | | annual salary of $15,000, except that members of the Commuter |
| 16 | | Rail Board that are also members of the Board of the Northern |
| 17 | | Illinois Transit Authority shall receive $5,000 per year in |
| 18 | | addition to the compensation the member receives for serving |
| 19 | | on the Board of the Northern Illinois Transit Authority. Each |
| 20 | | member shall be reimbursed for actual expenses incurred in the |
| 21 | | performance of his duties. |
| 22 | | Officers of the Division shall not be required to comply |
| 23 | | with the requirements of "An Act requiring certain custodians |
| 24 | | of public monies to file and publish statements of the |
| 25 | | receipts and disbursements thereof", approved June 24, 1919, |
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| 1 | | as now or hereafter amended. |
| 2 | | (Source: P.A. 83-1156.)
|
| 3 | | (70 ILCS 3615/3B.09) (from Ch. 111 2/3, par. 703B.09) |
| 4 | | Sec. 3B.09. General Powers. The Commuter Rail Board shall |
| 5 | | use powers delegated to it by the Authority to oversee the |
| 6 | | delivery of public transportation in the metropolitan region. |
| 7 | | However, the Authority shall retain primary responsibility for |
| 8 | | setting fares, service standards, schedules, and coordinated |
| 9 | | fare collection so that the public transportation system in |
| 10 | | the metropolitan region operates on a one-network, |
| 11 | | one-timetable, one-ticket model for transit users. |
| 12 | | In addition to any powers elsewhere provided to the |
| 13 | | Commuter Rail Board, it shall have all of the powers specified |
| 14 | | in Section 2.20 of this Act except for the powers specified in |
| 15 | | Section 2.20(a)(v). |
| 16 | | The Commuter Rail Division shall honor all outstanding |
| 17 | | bond debt issued by the Commuter Rail Division on the terms |
| 18 | | that the bonds were issued. The Commuter Rail Division shall |
| 19 | | not have the power to issue new bond debt other than working |
| 20 | | cash notes as provided in Section 3B.12, or debt or other |
| 21 | | financial instruments designed to refinance or retire debt |
| 22 | | that was issued and outstanding on the effective date of this |
| 23 | | amendatory Act of the 104th General Assembly. |
| 24 | | The Commuter Rail Board shall also have the power: |
| 25 | | (a) to cooperate with the Regional Transportation |
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| 1 | | Authority in the exercise by the Regional Transportation |
| 2 | | Authority of all the powers granted it by such Act; |
| 3 | | (b) to receive funds from the Regional Transportation |
| 4 | | Authority pursuant to Sections 2.02, 4.01, 4.02, 4.09 and 4.10 |
| 5 | | of the "Regional Transportation Authority Act", all as |
| 6 | | provided in the "Regional Transportation Authority Act"; |
| 7 | | (c) to receive financial grants from the Regional |
| 8 | | Transportation Authority or a Service Board, as defined in the |
| 9 | | "Regional Transportation Authority Act", upon such terms and |
| 10 | | conditions as shall be set forth in a grant contract between |
| 11 | | either the Commuter Rail Division and the Regional |
| 12 | | Transportation Authority or the Commuter Rail Division and |
| 13 | | another Service Board, which contract or agreement may be for |
| 14 | | such number of years or duration as the parties may agree, all |
| 15 | | as provided in the "Regional Transportation Authority Act"; |
| 16 | | and |
| 17 | | (d) (blank); to borrow money for the purpose of acquiring, |
| 18 | | constructing, reconstructing, extending, or improving any |
| 19 | | Public Transportation Facilities (as defined in Section 1.03 |
| 20 | | of the Regional Transportation Authority Act) operated by or |
| 21 | | to be operated by or on behalf of the Commuter Rail Division. |
| 22 | | For the purpose of evidencing the obligation of the Commuter |
| 23 | | Rail Board to repay any money borrowed as provided in this |
| 24 | | subsection, the Commuter Rail Board may issue revenue bonds |
| 25 | | from time to time pursuant to ordinance adopted by the |
| 26 | | Commuter Rail Board, subject to the approval of the Regional |
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| 1 | | Transportation Authority of each such issuance by the |
| 2 | | affirmative vote of 12 of its then Directors; provided that |
| 3 | | the Commuter Rail Board may not issue bonds for the purpose of |
| 4 | | financing the acquisition, construction, or improvement of a |
| 5 | | corporate headquarters building. All such bonds shall be |
| 6 | | payable solely from the revenues or income or any other funds |
| 7 | | that the Commuter Rail Board may receive, provided that the |
| 8 | | Commuter Rail Board may not pledge as security for such bonds |
| 9 | | the moneys, if any, that the Commuter Rail Board receives from |
| 10 | | the Regional Transportation Authority pursuant to Section |
| 11 | | 4.03.3(f) of the Regional Transportation Authority Act. The |
| 12 | | bonds shall bear interest at a rate not to exceed the maximum |
| 13 | | rate 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 must |
| 16 | | be issued with scheduled principal or mandatory redemption |
| 17 | | payments in equal amounts in each fiscal year over the term of |
| 18 | | the bonds, with the first principal or mandatory redemption |
| 19 | | payment scheduled within the fiscal year in which bonds are |
| 20 | | issued or within the next succeeding fiscal year. At least |
| 21 | | 25%, based on total principal amount, of all bonds authorized |
| 22 | | pursuant to this Section shall be sold pursuant to notice of |
| 23 | | sale and public bid. No more than 75%, based on total principal |
| 24 | | amount, of all bonds authorized pursuant to this Section shall |
| 25 | | be sold by negotiated sale. The maximum principal amount of |
| 26 | | the bonds that may be issued and outstanding at any time may |
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| 1 | | not exceed $1,000,000,000. The bonds shall have all the |
| 2 | | qualities of negotiable instruments under the laws of this |
| 3 | | State. To secure the payment of any or all of such bonds and |
| 4 | | for the purpose of setting forth the covenants and |
| 5 | | undertakings of the Commuter Rail Board in connection with the |
| 6 | | issuance thereof and the issuance of any additional bonds |
| 7 | | payable from such revenue or income as well as the use and |
| 8 | | application of the revenue or income received by the Commuter |
| 9 | | Rail Board, the Commuter Rail Board may execute and deliver a |
| 10 | | trust agreement or agreements; provided that no lien upon any |
| 11 | | physical property of the Commuter Rail Board shall be created |
| 12 | | thereby. A remedy for any breach or default of the terms of any |
| 13 | | such trust agreement by the Commuter Rail Board may be by |
| 14 | | mandamus proceedings in any court of competent jurisdiction to |
| 15 | | compel performance and compliance therewith, but the trust |
| 16 | | agreement may prescribe by whom or on whose behalf such action |
| 17 | | may be instituted. Under no circumstances shall any bonds |
| 18 | | issued by the Commuter Rail Board or any other obligation of |
| 19 | | the Commuter Rail Board in connection with the issuance of |
| 20 | | such bonds be or become an indebtedness or obligation of the |
| 21 | | State of Illinois, the Regional Transportation Authority, or |
| 22 | | any other political subdivision of or municipality within the |
| 23 | | State, nor shall any such bonds or obligations be or become an |
| 24 | | indebtedness of the Commuter Rail Board within the purview of |
| 25 | | any constitutional limitation or provision, and it shall be |
| 26 | | plainly stated on the face of each bond that it does not |
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| 1 | | constitute such an indebtedness or obligation but is payable |
| 2 | | solely from the revenues or income as aforesaid. |
| 3 | | (e) to oversee the operations and management of the |
| 4 | | Commuter Rail Division; |
| 5 | | (f) to convey the Authority's goals, priorities, and |
| 6 | | requirements to the Division; and |
| 7 | | (g) to convey information, concerns, and recommendations |
| 8 | | from the Division to Authority leadership. |
| 9 | | (Source: P.A. 95-708, eff. 1-18-08.)
|
| 10 | | (70 ILCS 3615/3B.10.5 new) |
| 11 | | Sec. 3B.10.5. Budget and program. The Commuter Rail Board, |
| 12 | | subject to the powers of the Authority, shall by ordinance |
| 13 | | appropriate money to perform the Division's purposes and |
| 14 | | provide for payment of debts and expenses of the Division. |
| 15 | | Each year, as part of the process set forth in Section 4.11, |
| 16 | | the Authority shall prepare and publish a comprehensive annual |
| 17 | | budget and proposed 5-year capital program document, and a |
| 18 | | financial plan for the 2 years thereafter describing the state |
| 19 | | of the Division and presenting for the forthcoming fiscal year |
| 20 | | and the 2 following years the Division's plans for such |
| 21 | | operations and capital expenditures as it intends to undertake |
| 22 | | and the means by which it intends to finance them. The proposed |
| 23 | | budget, financial plan, and 5-year capital program shall be |
| 24 | | based on the Authority's estimate of funds to be made |
| 25 | | available to the Commuter Rail Board by or through the |
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| 1 | | Authority and shall conform in all respects to the |
| 2 | | requirements established by the Authority. The proposed |
| 3 | | budget, financial plan, and 5-year capital program shall |
| 4 | | contain a statement of the funds estimated to be on hand at the |
| 5 | | beginning of the fiscal year, the funds estimated to be |
| 6 | | received from all sources for such year and the funds |
| 7 | | estimated to be on hand at the end of such year. The fiscal |
| 8 | | year of the Division shall be the same as the fiscal year of |
| 9 | | the Authority. The proposed budget, financial plan, and 5-year |
| 10 | | capital program shall be included in the Authority's public |
| 11 | | hearings under Section 4.11. The budget, financial plan, and |
| 12 | | 5-year capital program shall then be finalized by the |
| 13 | | Authority as provided in Section 4.11. The ordinance adopted |
| 14 | | by the Authority as provided in Section 4.11 shall appropriate |
| 15 | | such sums of money as are deemed necessary to defray all |
| 16 | | necessary expenses and obligations of the Division, specifying |
| 17 | | purposes and the objects or programs for which appropriations |
| 18 | | are made and the amount appropriated for each object or |
| 19 | | program. Additional appropriations, transfers between items |
| 20 | | and other changes in such ordinance which do not alter the |
| 21 | | basis upon which the balanced budget determination was made by |
| 22 | | the Board of the Authority may be made from time to time by the |
| 23 | | Commuter Rail Board.
|
| 24 | | (70 ILCS 3615/3B.12) (from Ch. 111 2/3, par. 703B.12) |
| 25 | | Sec. 3B.12. Working Cash Borrowing. The Commuter Rail |
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| 1 | | Board with the affirmative vote of 6 7 of its Directors may |
| 2 | | request demand and direct the Board of the Authority to issue |
| 3 | | Working Cash Notes at such time and in such amounts and having |
| 4 | | such maturities as the Commuter Rail Board deems proper, |
| 5 | | provided however any such borrowing shall have been |
| 6 | | specifically identified in the budget of the Commuter Rail |
| 7 | | Board as approved by the Board of the Authority. Provided |
| 8 | | further, that the Commuter Rail Board may not demand and |
| 9 | | direct the Board of the Authority to have issued and have |
| 10 | | outstanding at any time in excess of $20,000,000 in Working |
| 11 | | Cash Notes. |
| 12 | | (Source: P.A. 95-708, eff. 1-18-08.)
|
| 13 | | (70 ILCS 3615/3B.14.5 new) |
| 14 | | Sec. 3B.14.5. Visitor paratransit service. |
| 15 | | (a) Upon certifying that a person is eligible to receive |
| 16 | | complementary paratransit services under 49 CFR Part 37, |
| 17 | | Subpart F or within 10 business days after receiving a |
| 18 | | certified person's request for documentation of eligibility |
| 19 | | for those services, the Commuter Rail Board shall provide the |
| 20 | | person with documentation of the person's certification of |
| 21 | | eligibility for those services. |
| 22 | | (b) If a person provides the Commuter Rail Board with |
| 23 | | documentation of the person's certification of eligibility to |
| 24 | | receive complementary paratransit services under 49 CFR Part |
| 25 | | 37, Subpart F, then the Commuter Rail Board shall provide |
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| 1 | | those services to the person within one business day after |
| 2 | | receiving the documentation. |
| 3 | | (c) The procedures used by the Commuter Rail Board to |
| 4 | | document a person's certification of eligibility for |
| 5 | | complementary paratransit services under 49 CFR Part 37, |
| 6 | | Subpart F shall not require the disclosure or recording of any |
| 7 | | specific information about an individual's disability.
|
| 8 | | (70 ILCS 3615/3B.26) |
| 9 | | Sec. 3B.26. Employment contracts. Except as otherwise |
| 10 | | provided in Section 3B.13, before the Commuter Rail Board may |
| 11 | | enter into or amend any employment contract in excess of |
| 12 | | $100,000, the Commuter Rail Board must submit that contract or |
| 13 | | amendment to the Board for review for a period of 14 days. |
| 14 | | After 14 days, the contract shall be considered reviewed. This |
| 15 | | Section applies only to contracts entered into or amended on |
| 16 | | or after the effective date of this amendatory Act of the 98th |
| 17 | | General Assembly. |
| 18 | | Before the Board of the Regional Transportation Authority |
| 19 | | may enter into or amend any employment contract in excess of |
| 20 | | $100,000, the Board must submit that contract to the Chairman |
| 21 | | and Minority Spokesman of the Transportation Regulations Roads |
| 22 | | and Bridges Mass Transit Committee, or its successor |
| 23 | | committee, of the House of Representatives, and to the |
| 24 | | Chairman and Minority Spokesman of the Transportation |
| 25 | | Committee, or its successor committee, of the Senate. |
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| 1 | | (Source: P.A. 98-1027, eff. 1-1-15.)
|
| 2 | | (70 ILCS 3615/3B.27 new) |
| 3 | | Sec. 3B.27. Agreements with the Northern Indiana Commuter |
| 4 | | Transportation District. The Commuter Rail Division shall not |
| 5 | | enter into any agreement that prohibits trains of the Northern |
| 6 | | Indiana Commuter Transportation District, also known as the |
| 7 | | South Shore Line, from picking up passengers at stations |
| 8 | | operated by the Division. Any agreement in effect on the |
| 9 | | effective date of this amendatory Act of the 104th General |
| 10 | | Assembly shall remain in effect until its expiration and, if |
| 11 | | there is no expiration date provided, the Commuter Rail |
| 12 | | Division shall make best efforts to renegotiate the agreement |
| 13 | | to allow the South Shore Line to pick up passengers at stations |
| 14 | | operated by the Commuter Rail Division. The Commuter Rail |
| 15 | | Division may negotiate the revenue sharing provisions with the |
| 16 | | South Shore Line as the Commuter Rail Division deems |
| 17 | | appropriate.
|
| 18 | | (70 ILCS 3615/3B.28 new) |
| 19 | | Sec. 3B.28. Regional rail scheduling pilot program on the |
| 20 | | Rock Island commuter rail line. By January 1, 2027, the |
| 21 | | Commuter Rail Division shall implement a regional rail |
| 22 | | scheduling pilot program on the Rock Island commuter rail line |
| 23 | | to improve transit access for residents of Will County and |
| 24 | | southern Cook County.
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| 1 | | (70 ILCS 3615/3B.29 new) |
| 2 | | Sec. 3B.29. Planning study on expanding the Metra Electric |
| 3 | | commuter rail line. The Commuter Rail Division shall conduct a |
| 4 | | planning study on expanding the Metra Electric commuter rail |
| 5 | | line from University Park to Kankakee.
|
| 6 | | (70 ILCS 3615/4.01) (from Ch. 111 2/3, par. 704.01) |
| 7 | | Sec. 4.01. Budget and Program. |
| 8 | | (a) The Board shall control the finances of the Authority. |
| 9 | | It shall, by ordinance adopted by a supermajority the |
| 10 | | affirmative vote of at least 12 of its then Directors: |
| 11 | | (1) (i) appropriate money to perform the Authority's |
| 12 | | purposes and provide for payment of debts and expenses of |
| 13 | | the Authority; , (ii) |
| 14 | | (2) until the new budget process under subsection |
| 15 | | (a-20) is implemented on January 1, 2027, take action with |
| 16 | | respect to the budget and 2-year two-year financial plan |
| 17 | | of each Service Board, as provided in Section 4.11; , and |
| 18 | | (3) until the new budget process under subsection |
| 19 | | (a-20) is implemented on January 1, 2027, (iii) adopt an |
| 20 | | Annual Budget and 2-Year Two-Year Financial Plan for the |
| 21 | | Authority that includes the Annual Budget annual budget |
| 22 | | and 2-Year two-year financial plan of each Service Board |
| 23 | | that has been approved by the Authority. |
| 24 | | (a-5) The Annual Budget and 2-Year Two-Year Financial Plan |
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| 1 | | shall contain a statement of the funds estimated to be on hand |
| 2 | | for the Authority and each Service Board at the beginning of |
| 3 | | the fiscal year, the funds estimated to be received from all |
| 4 | | sources for such year, the estimated expenses and obligations |
| 5 | | of the Authority and each Service Board for all purposes, |
| 6 | | including expenses for contributions to be made with respect |
| 7 | | to pension and other employee benefits, and the funds |
| 8 | | estimated to be on hand at the end of such year. |
| 9 | | (a-10) The fiscal year of the Authority and each Service |
| 10 | | Board shall begin on January 1st and end on the succeeding |
| 11 | | December 31st. |
| 12 | | (a-15) Until January 1, 2027, the Annual Budget and 2-Year |
| 13 | | Financial Plan shall be prepared as follows: |
| 14 | | (1) By July 1st of each year the Director of the |
| 15 | | Illinois Governor's Office of Management and Budget |
| 16 | | (formerly Bureau of the Budget) shall submit to the |
| 17 | | Authority an estimate of revenues for the next fiscal year |
| 18 | | of the Authority to be collected from the taxes imposed by |
| 19 | | the Authority and the amounts to be available in the |
| 20 | | Public Transportation Fund and the Northern Illinois |
| 21 | | Transit Authority Occupation and Use Tax Replacement Fund |
| 22 | | Regional Transportation Authority Occupation and Use Tax |
| 23 | | Replacement Fund and the amounts otherwise to be |
| 24 | | appropriated by the State to the Authority for its |
| 25 | | purposes. Before a proposed Annual Budget and 2-Year |
| 26 | | Financial Plan is adopted, the Authority shall hold at |
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| 1 | | least one public hearing in the metropolitan region and |
| 2 | | meet with the county board, or its designee, of each of the |
| 3 | | counties in the metropolitan region. After an Annual |
| 4 | | Budget and 2-Year Financial Plan is adopted, the Authority |
| 5 | | shall file a copy of the Annual Budget and 2-Year |
| 6 | | Financial Plan with the General Assembly and the Governor. |
| 7 | | (2) After conducting the hearings and holding the |
| 8 | | meetings required under this subsection and after making |
| 9 | | the changes in the proposed Annual Budget and 2-Year |
| 10 | | Financial Plan that the Authority deems appropriate, the |
| 11 | | Board shall adopt its annual appropriation and Annual |
| 12 | | Budget and 2-Year Financial Plan ordinance before November |
| 13 | | 30. The ordinance may be adopted by the Board only upon a |
| 14 | | supermajority vote. The ordinance shall appropriate the |
| 15 | | sums of money as are deemed necessary to defray all |
| 16 | | necessary expenses and obligations of the Authority and |
| 17 | | the Service Boards, specifying the purposes and the |
| 18 | | objects or programs for which appropriations are made and |
| 19 | | the amount appropriated for each object or program. |
| 20 | | Additional appropriations, transfers between items and |
| 21 | | other changes in the ordinance may be made from time to |
| 22 | | time by the Board upon a supermajority vote. |
| 23 | | (a-20) Beginning January 1, 2027, the Annual Budget and |
| 24 | | 2-Year Financial Plan shall be prepared as follows: |
| 25 | | (1) By July 1st of each year the Director of the |
| 26 | | Illinois Governor's Office of Management and Budget shall |
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| 1 | | submit to the Authority an estimate of revenues for the |
| 2 | | next fiscal year of the Authority to be collected from the |
| 3 | | taxes imposed by the Authority and the amounts to be |
| 4 | | available in the Public Transportation Fund and the |
| 5 | | Northern Illinois Transit Authority Occupation and Use Tax |
| 6 | | Replacement Fund and the amounts otherwise to be |
| 7 | | appropriated by the State to the Authority for its |
| 8 | | purposes. Before the Board may adopt its annual |
| 9 | | appropriation and Annual Budget and 2-Year Financial Plan |
| 10 | | ordinance, based on the information provided by the |
| 11 | | Director of the Illinois Governor's Office of Management |
| 12 | | and Budget and the estimates of amounts to be available |
| 13 | | from the State and other sources to the Service boards, |
| 14 | | the Board shall advise each Service board on the amounts |
| 15 | | estimated to be available for the Service Board during the |
| 16 | | upcoming fiscal year and the 2 following fiscal years and |
| 17 | | the times at which the amounts shall be available. |
| 18 | | (2) Before the Board may adopt its annual |
| 19 | | appropriation and Annual Budget and 2-Year Financial Plan |
| 20 | | ordinance, the Board shall provide the Service Boards with |
| 21 | | a proposed Annual Budget and 2-Year Financial Plan. At the |
| 22 | | same time that it provides a copy of the proposed Annual |
| 23 | | Budget and 2-Year Financial Plan to the Service Boards, |
| 24 | | the Board shall make the proposed Annual Budget and 2-Year |
| 25 | | Financial Plan budget available to the public on its |
| 26 | | website. The Authority shall hold at least 3 public |
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| 1 | | hearings on the proposed Annual Budget and 2-Year |
| 2 | | Financial Plan in Cook County and at least one public |
| 3 | | hearing in each of the other counties in the metropolitan |
| 4 | | region. In addition, the Authority shall meet with the |
| 5 | | county board, or its designee, of each of the counties in |
| 6 | | the metropolitan region. |
| 7 | | (3) Before the Board adopts the Authority's annual |
| 8 | | appropriation and Annual Budget and 2-Year Financial Plan |
| 9 | | ordinance, the Service boards shall review the proposed |
| 10 | | Annual Budget and 2-Year Financial Plan and shall adopt, |
| 11 | | by the affirmative vote of a majority of each Service |
| 12 | | Board's then Directors, a budget recommendation ordinance |
| 13 | | describing any modifications to the Board's proposed |
| 14 | | Annual Budget and 2-Year Financial Plan that are deemed |
| 15 | | necessary by the Service Boards to provide the service |
| 16 | | described in the regionwide Service Plan adopted by the |
| 17 | | Authority. |
| 18 | | (4) The Authority shall file a copy of its Annual |
| 19 | | Budget and Two-Year Financial Plan with the General |
| 20 | | Assembly and the Governor after its adoption. Before the |
| 21 | | proposed Annual Budget and Two-Year Financial Plan is |
| 22 | | adopted, the Authority shall hold at least one public |
| 23 | | hearing thereon in the metropolitan region, and shall meet |
| 24 | | with the county board or its designee of each of the |
| 25 | | several counties in the metropolitan region. After |
| 26 | | conducting the such hearings and holding the such meetings |
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| 1 | | required under this subsection and after making the such |
| 2 | | changes in the proposed Annual Budget and 2-Year Two-Year |
| 3 | | Financial Plan as the Authority Board deems appropriate, |
| 4 | | the Authority Board shall adopt its annual appropriation |
| 5 | | and Annual Budget and 2-Year Two-Year Financial Plan |
| 6 | | ordinance. The ordinance may be adopted only upon a |
| 7 | | supermajority vote the affirmative votes of 12 of its then |
| 8 | | Directors. The ordinance shall appropriate such sums of |
| 9 | | money as are deemed necessary to defray all necessary |
| 10 | | expenses and obligations of the Authority and the Service |
| 11 | | Boards, specifying purposes and the objects or programs |
| 12 | | for which appropriations are made and the amount |
| 13 | | appropriated for each object or program. Additional |
| 14 | | appropriations, transfers between items and other changes |
| 15 | | in such ordinance may be made from time to time by the |
| 16 | | Board upon a supermajority vote the affirmative votes of |
| 17 | | 12 of its then Directors. |
| 18 | | (b) The Annual Budget and 2-Year Two-Year Financial Plan |
| 19 | | shall show a balance between anticipated revenues from all |
| 20 | | sources and anticipated expenses including funding of |
| 21 | | operating deficits or the discharge of encumbrances incurred |
| 22 | | in prior periods and payment of principal and interest when |
| 23 | | due, and shall show cash balances sufficient to pay with |
| 24 | | reasonable promptness all obligations and expenses as |
| 25 | | incurred. |
| 26 | | (b-3) The Authority shall file a copy of its Annual Budget |
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| 1 | | and 2-Year Financial Plan with the General Assembly and the |
| 2 | | Governor after its adoption. |
| 3 | | The Annual Budget and Two-Year Financial Plan must show: |
| 4 | | (i) that the level of fares and charges for mass |
| 5 | | transportation provided by, or under grant or purchase of |
| 6 | | service contracts of, the Service Boards is sufficient to |
| 7 | | cause the aggregate of all projected fare revenues from |
| 8 | | such fares and charges received in each fiscal year to |
| 9 | | equal at least 50% of the aggregate costs of providing |
| 10 | | such public transportation in such fiscal year. However, |
| 11 | | due to the fiscal impacts of the COVID-19 pandemic, the |
| 12 | | aggregate of all projected fare revenues from such fares |
| 13 | | and charges received in fiscal years 2021, 2022, 2023, |
| 14 | | 2024, and 2025 may be less than 50% of the aggregate costs |
| 15 | | of providing such public transportation in those fiscal |
| 16 | | years. "Fare revenues" include the proceeds of all fares |
| 17 | | and charges for services provided, contributions received |
| 18 | | in connection with public transportation from units of |
| 19 | | local government other than the Authority, except for |
| 20 | | contributions received by the Chicago Transit Authority |
| 21 | | from a real estate transfer tax imposed under subsection |
| 22 | | (i) of Section 8-3-19 of the Illinois Municipal Code, and |
| 23 | | from the State pursuant to subsection (i) of Section |
| 24 | | 2705-305 of the Department of Transportation Law (20 ILCS |
| 25 | | 2705/2705-305), and all other operating revenues properly |
| 26 | | included consistent with generally accepted accounting |
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| 1 | | principles but do not include: the proceeds of any |
| 2 | | borrowings, and, beginning with the 2007 fiscal year, all |
| 3 | | revenues and receipts, including but not limited to fares |
| 4 | | and grants received from the federal, State or any unit of |
| 5 | | local government or other entity, derived from providing |
| 6 | | ADA paratransit service pursuant to Section 2.30 of the |
| 7 | | Regional Transportation Authority Act. "Costs" include all |
| 8 | | items properly included as operating costs consistent with |
| 9 | | generally accepted accounting principles, including |
| 10 | | administrative costs, but do not include: depreciation; |
| 11 | | payment of principal and interest on bonds, notes or other |
| 12 | | evidences of obligation for borrowed money issued by the |
| 13 | | Authority; payments with respect to public transportation |
| 14 | | facilities made pursuant to subsection (b) of Section 2.20 |
| 15 | | of this Act; any payments with respect to rate protection |
| 16 | | contracts, credit enhancements or liquidity agreements |
| 17 | | made under Section 4.14; any other cost to which it is |
| 18 | | reasonably expected that a cash expenditure will not be |
| 19 | | made; costs for passenger security including grants, |
| 20 | | contracts, personnel, equipment and administrative |
| 21 | | expenses, except in the case of the Chicago Transit |
| 22 | | Authority, in which case the term does not include costs |
| 23 | | spent annually by that entity for protection against crime |
| 24 | | as required by Section 27a of the Metropolitan Transit |
| 25 | | Authority Act; the payment by the Chicago Transit |
| 26 | | Authority of Debt Service, as defined in Section 12c of |
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| 1 | | the Metropolitan Transit Authority Act, on bonds or notes |
| 2 | | issued pursuant to that Section; the payment by the |
| 3 | | Commuter Rail Division of debt service on bonds issued |
| 4 | | pursuant to Section 3B.09; expenses incurred by the |
| 5 | | Suburban Bus Division for the cost of new public |
| 6 | | transportation services funded from grants pursuant to |
| 7 | | Section 2.01e of this amendatory Act of the 95th General |
| 8 | | Assembly for a period of 2 years from the date of |
| 9 | | initiation of each such service; costs as exempted by the |
| 10 | | Board for projects pursuant to Section 2.09 of this Act; |
| 11 | | or, beginning with the 2007 fiscal year, expenses related |
| 12 | | to providing ADA paratransit service pursuant to Section |
| 13 | | 2.30 of the Regional Transportation Authority Act; and in |
| 14 | | fiscal years 2008 through 2012 inclusive, costs in the |
| 15 | | amount of $200,000,000 in fiscal year 2008, reducing by |
| 16 | | $40,000,000 in each fiscal year thereafter until this |
| 17 | | exemption is eliminated; and |
| 18 | | (ii) that the level of fares charged for ADA |
| 19 | | paratransit services is sufficient to cause the aggregate |
| 20 | | of all projected revenues from such fares charged and |
| 21 | | received in each fiscal year to equal at least 10% of the |
| 22 | | aggregate costs of providing such ADA paratransit |
| 23 | | services. However, due to the fiscal impacts of the |
| 24 | | COVID-19 pandemic, the aggregate of all projected fare |
| 25 | | revenues from such fares and charges received in fiscal |
| 26 | | years 2021, 2022, 2023, 2024, and 2025 may be less than 10% |
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| 1 | | of the aggregate costs of providing such ADA paratransit |
| 2 | | services in those fiscal years. For purposes of this Act, |
| 3 | | the percentages in this subsection (b)(ii) shall be |
| 4 | | referred to as the "system generated ADA paratransit |
| 5 | | services revenue recovery ratio". For purposes of the |
| 6 | | system generated ADA paratransit services revenue recovery |
| 7 | | ratio, "costs" shall include all items properly included |
| 8 | | as operating costs consistent with generally accepted |
| 9 | | accounting principles. However, the Board may exclude from |
| 10 | | costs an amount that does not exceed the allowable |
| 11 | | "capital costs of contracting" for ADA paratransit |
| 12 | | services pursuant to the Federal Transit Administration |
| 13 | | guidelines for the Urbanized Area Formula Program. |
| 14 | | The Authority shall file a statement certifying that the |
| 15 | | Service Boards published the data described in subsection |
| 16 | | (b-5) with the General Assembly and the Governor after |
| 17 | | adoption of the Annual Budget and 2-Year Two-Year Financial |
| 18 | | Plan required by subsection (a). If the Authority fails to |
| 19 | | file a statement certifying publication of the data, then the |
| 20 | | appropriations to the Department of Transportation for grants |
| 21 | | to the Authority intended to reimburse the Service Boards for |
| 22 | | providing free and reduced fares shall be withheld. |
| 23 | | (b-5) Each fiscal year For fiscal years 2024 and 2025, the |
| 24 | | Service Boards must publish a monthly comprehensive set of |
| 25 | | data regarding transit service and safety. The data included |
| 26 | | shall include information to track operations including: |
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| 1 | | (1) staffing levels, including numbers of budgeted |
| 2 | | positions, current positions employed, hired staff, |
| 3 | | attrition, staff in training, and absenteeism rates; |
| 4 | | (2) scheduled service and delivered service, including |
| 5 | | percentage of scheduled service delivered by day, service |
| 6 | | by mode of transportation, service by route and rail line, |
| 7 | | total number of revenue miles driven, excess wait times by |
| 8 | | day, by mode of transportation, by bus route, and by stop; |
| 9 | | and |
| 10 | | (3) safety on the system, including the number of |
| 11 | | incidents of crime and code of conduct violations on |
| 12 | | system, any performance measures used to evaluate the |
| 13 | | effectiveness of investments in private security, safety |
| 14 | | equipment, and other security investments in the system. |
| 15 | | If no performance measures exist to evaluate the |
| 16 | | effectiveness of these safety investments, the Service |
| 17 | | Boards and Authority shall develop and publish these |
| 18 | | performance measures. |
| 19 | | The Authority and Service Boards shall solicit input and |
| 20 | | ideas on publishing data on the service reliability, |
| 21 | | operations, and safety of the system from the public and |
| 22 | | groups representing transit riders, workers, and businesses. |
| 23 | | (c) The actual administrative expenses of the Authority |
| 24 | | for the fiscal year commencing January 1, 1985 may not exceed |
| 25 | | $5,000,000. The actual administrative expenses of the |
| 26 | | Authority for the fiscal year commencing January 1, 1986, and |
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| 1 | | for each fiscal year thereafter shall not exceed the maximum |
| 2 | | administrative expenses for the previous fiscal year plus 5%, |
| 3 | | except that this limitation shall not apply to fiscal years |
| 4 | | beginning on January 1, 2026, and ending on or before December |
| 5 | | 31, 2027. "Administrative expenses" are defined for purposes |
| 6 | | of this Section as all expenses except: (1) capital expenses |
| 7 | | and purchases of the Authority on behalf of the Service |
| 8 | | Boards; (2) payments to Service Boards; and (3) payment of |
| 9 | | principal and interest on bonds, notes or other evidence of |
| 10 | | obligation for borrowed money issued by the Authority; (4) |
| 11 | | costs for passenger security including grants, contracts, |
| 12 | | personnel, equipment and administrative expenses; (5) payments |
| 13 | | with respect to public transportation facilities made pursuant |
| 14 | | to subsection (b) of Section 2.20 of this Act; and (6) any |
| 15 | | payments with respect to rate protection contracts, credit |
| 16 | | enhancements or liquidity agreements made pursuant to Section |
| 17 | | 4.14. |
| 18 | | (d) This subsection becomes inoperative on January 1, |
| 19 | | 2027. This subsection applies only until the Department begins |
| 20 | | administering and enforcing an increased tax under Section |
| 21 | | 4.03(m) as authorized by this amendatory Act of the 95th |
| 22 | | General Assembly. After withholding 15% of the proceeds of any |
| 23 | | tax imposed by the Authority and 15% of money received by the |
| 24 | | Authority from the Northern Illinois Transit Regional |
| 25 | | Transportation Authority Occupation and Use Tax Replacement |
| 26 | | Fund, the Board shall allocate the proceeds and money |
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| 1 | | remaining to the Service Boards as follows: (1) an amount |
| 2 | | equal to 85% of the proceeds of those taxes collected within |
| 3 | | the City of Chicago and 85% of the money received by the |
| 4 | | Authority on account of transfers to the Northern Illinois |
| 5 | | Transit Regional Transportation Authority Occupation and Use |
| 6 | | Tax Replacement Fund from the County and Mass Transit District |
| 7 | | Fund attributable to retail sales within the City of Chicago |
| 8 | | shall be allocated to the Chicago Transit Authority; (2) an |
| 9 | | amount equal to 85% of the proceeds of those taxes collected |
| 10 | | within Cook County outside the City of Chicago and 85% of the |
| 11 | | money received by the Authority on account of transfers to the |
| 12 | | Northern Illinois Transit Regional Transportation Authority |
| 13 | | Occupation and Use Tax Replacement Fund from the County and |
| 14 | | Mass Transit District Fund attributable to retail sales within |
| 15 | | Cook County outside of the city of Chicago shall be allocated |
| 16 | | 30% to the Chicago Transit Authority, 55% to the Commuter Rail |
| 17 | | Board and 15% to the Suburban Bus Board; and (3) an amount |
| 18 | | equal to 85% of the proceeds of the taxes collected within the |
| 19 | | Counties of DuPage, Kane, Lake, McHenry and Will shall be |
| 20 | | allocated 70% to the Commuter Rail Board and 30% to the |
| 21 | | Suburban Bus Board. |
| 22 | | (e) This subsection becomes inoperative on January 1, |
| 23 | | 2027. This subsection applies only until the Department begins |
| 24 | | administering and enforcing an increased tax under Section |
| 25 | | 4.03(m) as authorized by this amendatory Act of the 95th |
| 26 | | General Assembly. Moneys received by the Authority on account |
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| 1 | | of transfers to the Northern Illinois Transit Regional |
| 2 | | Transportation Authority Occupation and Use Tax Replacement |
| 3 | | Fund from the State and Local Sales Tax Reform Fund shall be |
| 4 | | allocated among the Authority and the Service Boards as |
| 5 | | follows: 15% of such moneys shall be retained by the Authority |
| 6 | | and the remaining 85% shall be transferred to the Service |
| 7 | | Boards as soon as may be practicable after the Authority |
| 8 | | receives payment. Moneys which are distributable to the |
| 9 | | Service Boards pursuant to the preceding sentence shall be |
| 10 | | allocated among the Service Boards on the basis of each |
| 11 | | Service Board's distribution ratio. The term "distribution |
| 12 | | ratio" means, for purposes of this subsection (e) of this |
| 13 | | Section 4.01, the ratio of the total amount distributed to a |
| 14 | | Service Board pursuant to subsection (d) of Section 4.01 for |
| 15 | | the immediately preceding calendar year to the total amount |
| 16 | | distributed to all of the Service Boards pursuant to |
| 17 | | subsection (d) of Section 4.01 for the immediately preceding |
| 18 | | calendar year. |
| 19 | | (f) To carry out its duties and responsibilities under |
| 20 | | this Act, the Board shall employ staff which shall: |
| 21 | | (1) propose for adoption by the Board of the Authority |
| 22 | | rules for the Service Boards that establish (i) forms and |
| 23 | | schedules to be used and information required to be |
| 24 | | provided with respect to a 5-Year Capital Program |
| 25 | | five-year capital program, an Annual Budget annual |
| 26 | | budgets, and 2-Year Financial Plan, and each Service |
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| 1 | | Board's annual budget and 2-year financial plan, two-year |
| 2 | | financial plans and regular reporting of actual results |
| 3 | | against adopted budgets and financial plans, (ii) |
| 4 | | financial practices to be followed in the budgeting and |
| 5 | | expenditure of public funds, (iii) assumptions and |
| 6 | | projections that must be followed in preparing and |
| 7 | | submitting its Annual Budget annual budget and 2-Year |
| 8 | | Financial Plan two-year financial plan or a 5-Year Capital |
| 9 | | Program five-year capital program; |
| 10 | | (2) evaluate for the Board public transportation |
| 11 | | programs operated or proposed by the Service Boards and |
| 12 | | Transportation Agencies transportation agencies in terms |
| 13 | | of the goals and objectives set out in the Strategic Plan; |
| 14 | | (3) keep the Board and the public informed of the |
| 15 | | extent to which the Service Boards and Transportation |
| 16 | | Agencies transportation agencies are meeting the goals and |
| 17 | | objectives adopted by the Authority in the Strategic Plan; |
| 18 | | and |
| 19 | | (4) assess the efficiency or adequacy of public |
| 20 | | transportation services provided by a Service Board and |
| 21 | | make recommendations for change in that service to the end |
| 22 | | that the moneys available to the Authority may be expended |
| 23 | | in the most economical manner possible with the least |
| 24 | | possible duplication. |
| 25 | | (g) All Service Boards, Transportation Agencies |
| 26 | | transportation agencies, comprehensive planning agencies, |
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| 1 | | including the Chicago Metropolitan Agency for Planning, or |
| 2 | | transportation planning agencies in the metropolitan region |
| 3 | | shall furnish to the Authority such information pertaining to |
| 4 | | public transportation or relevant for plans therefor as it may |
| 5 | | from time to time require. The Executive Director, or his or |
| 6 | | her designee, shall, for the purpose of securing any such |
| 7 | | information necessary or appropriate to carry out any of the |
| 8 | | powers and responsibilities of the Authority under this Act, |
| 9 | | have access to, and the right to examine, all books, |
| 10 | | documents, papers or records of a Service Board or any |
| 11 | | Transportation Agency transportation agency receiving funds |
| 12 | | from the Authority or Service Board, and such Service Board or |
| 13 | | Transportation Agency transportation agency shall comply with |
| 14 | | any request by the Executive Director, or his or her designee, |
| 15 | | within 30 days or an extended time provided by the Executive |
| 16 | | Director. |
| 17 | | (h) No Service Board shall undertake any capital |
| 18 | | improvement which is not identified in the 5-Year Five-Year |
| 19 | | Capital Program. |
| 20 | | (i) Each Service Board shall furnish to the Board access |
| 21 | | to its financial information including, but not limited to, |
| 22 | | audits and reports. The Board shall have real-time access to |
| 23 | | the financial information of the Service Boards; however, the |
| 24 | | Board shall be granted read-only access to the Service Board's |
| 25 | | financial information. |
| 26 | | (Source: P.A. 102-678, eff. 12-10-21; 103-281, eff. 1-1-24.)
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| 1 | | (70 ILCS 3615/4.01b new) |
| 2 | | Sec. 4.01b. System generated revenue recovery ratios. |
| 3 | | (a) As used in this Section: |
| 4 | | "Costs" includes all items properly included as operating |
| 5 | | costs consistent with generally accepted accounting principles |
| 6 | | incurred by the Authority and its Service Boards. "Costs" does |
| 7 | | not include costs related to providing ADA paratransit |
| 8 | | service. |
| 9 | | "System generated revenue" includes passenger fares and |
| 10 | | ancillary revenue from sources such as the lease of space, |
| 11 | | advertising, and investment income. |
| 12 | | (b) The Authority shall determine the ratio of system |
| 13 | | generated revenues for public transportation in the |
| 14 | | metropolitan region compared to the aggregate of all costs of |
| 15 | | providing public transportation. |
| 16 | | (c) Until January 1, 2029, the Authority shall report its |
| 17 | | system generated revenue recovery ratio as part of the |
| 18 | | Authority's Annual Budget and 2-Year Financial Plan. |
| 19 | | (1) The Annual Budget and 2-Year Financial Plan must |
| 20 | | show that the system generated revenue received in each |
| 21 | | fiscal year shall equal at least 25% of the costs of |
| 22 | | providing public transportation in that fiscal year. The |
| 23 | | Annual Budget and 2-Year Financial Plan must show that the |
| 24 | | level of fares charged and received in each fiscal year |
| 25 | | shall equal at least 5% of the aggregate of costs of |
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| 1 | | providing ADA paratransit services. |
| 2 | | (2) The Authority shall file a statement certifying |
| 3 | | that the Service Boards published the data described in |
| 4 | | this Section with the General Assembly and the Governor |
| 5 | | after adoption of the Annual Budget and 2-Year Financial |
| 6 | | Plan. If the Authority fails to file a statement |
| 7 | | certifying the system generated revenue recovery ratio as |
| 8 | | required in this Section, then the appropriations to the |
| 9 | | Department of Transportation for grants to the Authority |
| 10 | | intended to reimburse the Service Boards for providing |
| 11 | | free and reduced fares shall be withheld. |
| 12 | | (3) If the system generated revenues are less than 25% |
| 13 | | of said costs, then the Board shall remit an amount equal |
| 14 | | to the amount of the deficit to the State. The Treasurer |
| 15 | | shall deposit any payment made under this paragraph in the |
| 16 | | Road Fund. However, due to the ongoing fiscal impact of |
| 17 | | the COVID-19 pandemic this requirement shall not apply to |
| 18 | | fiscal year 2026. |
| 19 | | (d) Beginning January 1, 2029, the Authority shall report |
| 20 | | its system generated revenue recovery ratio within 6 months of |
| 21 | | the end of each fiscal year. If the Authority's system |
| 22 | | generated revenue recovery ratio falls below 20% for 2 |
| 23 | | consecutive years, then the Board of Directors shall: |
| 24 | | (1) report this fact to the General Assembly and the |
| 25 | | Governor and provide a summary of fare adjustments made |
| 26 | | under Section 2.04; |
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| 1 | | (2) consider whether additional fare adjustments or |
| 2 | | other changes are necessary to increase system generated |
| 3 | | revenue, reduce costs, or both. |
| 4 | | (e) Nothing in this Section shall diminish or impair the |
| 5 | | rights of any employee employed by the Authority or any |
| 6 | | Service Board or any organization of employees representing |
| 7 | | employees of the Authority or any Service Board. |
| 8 | | (f) The Authority shall separately calculate a system |
| 9 | | generated revenue recovery ratio for ADA paratransit service. |
| 10 | | The Authority shall report this ratio in its annual |
| 11 | | certification under subsection (d) Section 2.02 and shall take |
| 12 | | the actions required under subsection (c) of this Section if |
| 13 | | the ADA paratransit service system generated recovery ratio |
| 14 | | falls below 5% for 2 consecutive years. |
| 15 | | (g) The Authority shall document the system generated |
| 16 | | recovery ratio in the Authority's Annual Budget and 2-Year |
| 17 | | Financial Plan. |
| 18 | | (h) Upon the request of the House of Representatives or |
| 19 | | the Senate, the Chair of the Board of the Authority, the chair |
| 20 | | of the board of a Service Board, or any other employee of the |
| 21 | | Authority or Service Board requested by the House of |
| 22 | | Representatives or Senate shall attend a hearing before the |
| 23 | | House of Representatives or Senate regarding the reported |
| 24 | | system generated revenue recovery ratios.
|
| 25 | | (70 ILCS 3615/4.03) |
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| 1 | | Sec. 4.03. Taxes and surcharges. |
| 2 | | (a) In order to carry out any of the powers or purposes of |
| 3 | | the Authority, the Board may, by ordinance approved by a |
| 4 | | supermajority vote adopted with the concurrence of 12 of the |
| 5 | | then Directors, impose throughout the metropolitan region any |
| 6 | | or all of the taxes provided in this Section. Except as |
| 7 | | otherwise provided in this Act, taxes and surcharges imposed |
| 8 | | under this Section and civil penalties imposed incident |
| 9 | | thereto shall be collected and enforced by the State |
| 10 | | Department of Revenue. The Department shall have the power to |
| 11 | | administer and enforce the taxes and surcharges and to |
| 12 | | determine all rights for refunds for erroneous payments of the |
| 13 | | taxes and surcharges. Nothing in Public Act 95-708 is intended |
| 14 | | to invalidate any taxes currently imposed by the Authority. |
| 15 | | The increased vote requirements to impose a tax shall only |
| 16 | | apply to actions taken after January 1, 2008 (the effective |
| 17 | | date of Public Act 95-708). |
| 18 | | (b) The Board may impose a public transportation tax upon |
| 19 | | all persons engaged in the metropolitan region in the business |
| 20 | | of selling at retail motor fuel for operation of motor |
| 21 | | vehicles upon public highways. The tax shall be at a rate not |
| 22 | | to exceed 5% of the gross receipts from the sales of motor fuel |
| 23 | | in the course of the business. As used in this Act, the term |
| 24 | | "motor fuel" shall have the same meaning as in the Motor Fuel |
| 25 | | Tax Law. The Board may provide for details of the tax. The |
| 26 | | provisions of any tax shall conform, as closely as may be |
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| 1 | | practicable, to the provisions of the Municipal Retailers |
| 2 | | Occupation Tax Act, including, without limitation, conformity |
| 3 | | to penalties with respect to the tax imposed and as to the |
| 4 | | powers of the State Department of Revenue to promulgate and |
| 5 | | enforce rules and regulations relating to the administration |
| 6 | | and enforcement of the provisions of the tax imposed, except |
| 7 | | that reference in the Act to any municipality shall refer to |
| 8 | | the Authority and the tax shall be imposed only with regard to |
| 9 | | receipts from sales of motor fuel in the metropolitan region, |
| 10 | | at rates as limited by this Section. |
| 11 | | (c) In connection with the tax imposed under paragraph (b) |
| 12 | | of this Section, the Board may impose a tax upon the privilege |
| 13 | | of using in the metropolitan region motor fuel for the |
| 14 | | operation of a motor vehicle upon public highways, the tax to |
| 15 | | be at a rate not in excess of the rate of tax imposed under |
| 16 | | paragraph (b) of this Section. The Board may provide for |
| 17 | | details of the tax. |
| 18 | | (d) The Board may impose a motor vehicle parking tax upon |
| 19 | | the privilege of parking motor vehicles at off-street parking |
| 20 | | facilities in the metropolitan region at which a fee is |
| 21 | | charged, and may provide for reasonable classifications in and |
| 22 | | exemptions to the tax, for administration and enforcement |
| 23 | | thereof and for civil penalties and refunds thereunder and may |
| 24 | | provide criminal penalties thereunder, the maximum penalties |
| 25 | | not to exceed the maximum criminal penalties provided in the |
| 26 | | Retailers' Occupation Tax Act. The Authority may collect and |
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| 1 | | enforce the tax itself or by contract with any unit of local |
| 2 | | government. The State Department of Revenue shall have no |
| 3 | | responsibility for the collection and enforcement unless the |
| 4 | | Department agrees with the Authority to undertake the |
| 5 | | collection and enforcement. As used in this paragraph, the |
| 6 | | term "parking facility" means a parking area or structure |
| 7 | | having parking spaces for more than 2 vehicles at which motor |
| 8 | | vehicles are permitted to park in return for an hourly, daily, |
| 9 | | or other periodic fee, whether publicly or privately owned, |
| 10 | | but does not include parking spaces on a public street, the use |
| 11 | | of which is regulated by parking meters. |
| 12 | | (e) The Board may impose a Northern Illinois Transit |
| 13 | | Regional Transportation Authority Retailers' Occupation Tax |
| 14 | | upon all persons engaged in the business of selling tangible |
| 15 | | personal property at retail in the metropolitan region. In |
| 16 | | Cook County, before the effective date of this amendatory Act |
| 17 | | of the 104th General Assembly, the tax rate shall be 1.25% of |
| 18 | | the gross receipts from sales of food for human consumption |
| 19 | | that is to be consumed off the premises where it is sold (other |
| 20 | | than alcoholic beverages, food consisting of or infused with |
| 21 | | adult use cannabis, soft drinks, candy, and food that has been |
| 22 | | prepared for immediate consumption) and tangible personal |
| 23 | | property taxed at the 1% rate under the Retailers' Occupation |
| 24 | | Tax Act, and 1% of the gross receipts from other taxable sales |
| 25 | | made in the course of that business. In Cook County, on and |
| 26 | | after the effective date of this amendatory Act of the 104th |
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| 1 | | General Assembly, the tax rate shall be 1.5% of the gross |
| 2 | | receipts from sales of food for human consumption that is to be |
| 3 | | consumed off the premises where it is sold (other than |
| 4 | | alcoholic beverages, food consisting of or infused with adult |
| 5 | | use cannabis, soft drinks, candy, and food that has been |
| 6 | | prepared for immediate consumption) and tangible personal |
| 7 | | property taxed at the 1% rate under the Retailers' Occupation |
| 8 | | Tax Act, and 1.25% of the gross receipts from other taxable |
| 9 | | sales made in the course of that business. In DuPage, Kane, |
| 10 | | Lake, McHenry, and Will counties, before the effective date of |
| 11 | | this amendatory Act of the 104th General Assembly, the tax |
| 12 | | rate shall be 0.75% of the gross receipts from all taxable |
| 13 | | sales made in the course of that business. In DuPage, Kane, |
| 14 | | Lake, McHenry, and Will counties, on and after the effective |
| 15 | | date of this amendatory Act of the 104th General Assembly, the |
| 16 | | tax rate shall be 1% of the gross receipts from all taxable |
| 17 | | sales made in the course of that business. The rate of tax |
| 18 | | imposed in DuPage, Kane, Lake, McHenry, and Will counties |
| 19 | | under this Section on sales of aviation fuel on or after |
| 20 | | December 1, 2019 shall, however, be 0.25% unless the Regional |
| 21 | | Transportation Authority in DuPage, Kane, Lake, McHenry, and |
| 22 | | Will counties has an "airport-related purpose" and the |
| 23 | | additional 0.50% of the 0.75% tax (or 0.75% of 1% tax on and |
| 24 | | after the effective date of this amendatory Act of the 104th |
| 25 | | General Assembly) on aviation fuel is expended for |
| 26 | | airport-related purposes. If there is no airport-related |
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| 1 | | purpose to which aviation fuel tax revenue is dedicated, then |
| 2 | | aviation fuel is excluded from the additional 0.50% of the |
| 3 | | 0.75% tax. The tax imposed under this Section and all civil |
| 4 | | penalties that may be assessed as an incident thereof shall be |
| 5 | | collected and enforced by the State Department of Revenue. The |
| 6 | | Department shall have full power to administer and enforce |
| 7 | | this Section; to collect all taxes and penalties so collected |
| 8 | | in the manner hereinafter provided; and to determine all |
| 9 | | rights to credit memoranda arising on account of the erroneous |
| 10 | | payment of tax or penalty hereunder. In the administration of, |
| 11 | | and compliance with this Section, the Department and persons |
| 12 | | who are subject to this Section shall have the same rights, |
| 13 | | remedies, privileges, immunities, powers, and duties, and be |
| 14 | | subject to the same conditions, restrictions, limitations, |
| 15 | | penalties, exclusions, exemptions, and definitions of terms, |
| 16 | | and employ the same modes of procedure, as are prescribed in |
| 17 | | Sections 1, 1a, 1a-1, 1c, 1d, 1e, 1f, 1i, 1j, 2 through 2-65 |
| 18 | | (in respect to all provisions therein other than the State |
| 19 | | rate of tax), 2c, 3 (except as to the disposition of taxes and |
| 20 | | penalties collected, and except that the retailer's discount |
| 21 | | is not allowed for taxes paid on aviation fuel that are subject |
| 22 | | to the revenue use requirements of 49 U.S.C. 47107(b) and 49 |
| 23 | | U.S.C. 47133), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, |
| 24 | | 5k, 5l, 6, 6a, 6b, 6c, 6d, 7, 8, 9, 10, 11, 12, and 13 of the |
| 25 | | Retailers' Occupation Tax Act and Section 3-7 of the Uniform |
| 26 | | Penalty and Interest Act, as fully as if those provisions were |
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| 1 | | 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 Northern Illinois Transit Regional |
| 25 | | Transportation Authority tax fund established under paragraph |
| 26 | | (n) of this Section or the Local Government Aviation Trust |
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| 1 | | Fund, as appropriate. |
| 2 | | If a tax is imposed under this subsection (e), a tax shall |
| 3 | | also be imposed under subsections (f) and (g) of this Section. |
| 4 | | For the purpose of determining whether a tax authorized |
| 5 | | under this Section is applicable, a retail sale by a producer |
| 6 | | of coal or other mineral mined in Illinois, is a sale at retail |
| 7 | | at the place where the coal or other mineral mined in Illinois |
| 8 | | is extracted from the earth. This paragraph does not apply to |
| 9 | | coal or other mineral when it is delivered or shipped by the |
| 10 | | seller to the purchaser at a point outside Illinois so that the |
| 11 | | sale is exempt under the Federal Constitution as a sale in |
| 12 | | interstate or foreign commerce. |
| 13 | | No tax shall be imposed or collected under this subsection |
| 14 | | on the sale of a motor vehicle in this State to a resident of |
| 15 | | another state if that motor vehicle will not be titled in this |
| 16 | | State. |
| 17 | | Nothing in this Section shall be construed to authorize |
| 18 | | the Regional Transportation Authority to impose a tax upon the |
| 19 | | privilege of engaging in any business that under the |
| 20 | | Constitution of the United States may not be made the subject |
| 21 | | of taxation by this State. |
| 22 | | (f) If a tax has been imposed under paragraph (e), a |
| 23 | | Northern Illinois Transit Regional Transportation Authority |
| 24 | | Service Occupation Tax shall also be imposed upon all persons |
| 25 | | engaged, in the metropolitan region in the business of making |
| 26 | | sales of service, who, as an incident to making the sales of |
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| 1 | | service, transfer tangible personal property within the |
| 2 | | metropolitan region, either in the form of tangible personal |
| 3 | | property or in the form of real estate as an incident to a sale |
| 4 | | of service. In Cook County, before the effective date of this |
| 5 | | amendatory Act of the 104th General Assembly, the tax rate |
| 6 | | shall be: (1) 1.25% of the serviceman's cost price of food |
| 7 | | prepared for immediate consumption and transferred incident to |
| 8 | | a sale of service subject to the service occupation tax by an |
| 9 | | entity that is located in the metropolitan region and that is |
| 10 | | licensed under the Hospital Licensing Act, the Nursing Home |
| 11 | | Care Act, the Assisted Living and Shared Housing Act, the |
| 12 | | Specialized Mental Health Rehabilitation Act of 2013, the |
| 13 | | ID/DD Community Care Act, the MC/DD Act, or the Child Care Act |
| 14 | | of 1969, or an entity that holds a permit issued pursuant to |
| 15 | | the Life Care Facilities Act; (2) 1.25% of the selling price of |
| 16 | | food for human consumption that is to be consumed off the |
| 17 | | premises where it is sold (other than alcoholic beverages, |
| 18 | | food consisting of or infused with adult use cannabis, soft |
| 19 | | drinks, candy, and food that has been prepared for immediate |
| 20 | | consumption) and tangible personal property taxed at the 1% |
| 21 | | rate under the Service Occupation Tax Act; and (3) 1% of the |
| 22 | | selling price from other taxable sales of tangible personal |
| 23 | | property transferred. In Cook County, on and after the |
| 24 | | effective date of this amendatory Act of the 104th General |
| 25 | | Assembly, the tax rate shall be: (1) 1.5% of the serviceman's |
| 26 | | cost price of food prepared for immediate consumption and |
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| 1 | | transferred incident to a sale of service subject to the |
| 2 | | service occupation tax by an entity that is located in the |
| 3 | | metropolitan region and that is licensed under the Hospital |
| 4 | | Licensing Act, the Nursing Home Care Act, the Assisted Living |
| 5 | | and Shared Housing Act, the Specialized Mental Health |
| 6 | | Rehabilitation Act of 2013, the ID/DD Community Care Act, the |
| 7 | | MC/DD Act, or the Child Care Act of 1969, or an entity that |
| 8 | | holds a permit issued pursuant to the Life Care Facilities |
| 9 | | Act; (2) 1.5% of the selling price of food for human |
| 10 | | consumption that is to be consumed off the premises where it is |
| 11 | | sold (other than alcoholic beverages, food consisting of or |
| 12 | | infused with adult use cannabis, soft drinks, candy, and food |
| 13 | | that has been prepared for immediate consumption) and tangible |
| 14 | | personal property taxed at the 1% rate under the Service |
| 15 | | Occupation Tax Act; and (3) 1.25% of the selling price from |
| 16 | | other taxable sales of tangible personal property transferred. |
| 17 | | In DuPage, Kane, Lake, McHenry, and Will counties, before the |
| 18 | | effective date of this amendatory Act of the 104th General |
| 19 | | Assembly, the rate shall be 0.75% of the selling price of all |
| 20 | | tangible personal property transferred. In DuPage, Kane, Lake, |
| 21 | | McHenry, and Will counties, on and after the effective date of |
| 22 | | this amendatory Act of the 104th General Assembly, the rate |
| 23 | | shall be 1% of the selling price of all tangible personal |
| 24 | | property transferred. The rate of tax imposed in DuPage, Kane, |
| 25 | | Lake, McHenry, and Will counties under this Section on sales |
| 26 | | of aviation fuel on or after December 1, 2019 shall, however, |
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| 1 | | be 0.25% unless the Regional Transportation Authority in |
| 2 | | DuPage, Kane, Lake, McHenry, and Will counties has an |
| 3 | | "airport-related purpose" and the additional 0.50% of the |
| 4 | | 0.75% (or 0.75% of 1% tax on and after the effective date of |
| 5 | | this amendatory Act of the 104th General Assembly) tax on |
| 6 | | aviation fuel is expended for airport-related purposes. If |
| 7 | | there is no airport-related purpose to which aviation fuel tax |
| 8 | | revenue is dedicated, then aviation fuel is excluded from the |
| 9 | | additional 0.5% of the 0.75% tax. |
| 10 | | The Board and DuPage, Kane, Lake, McHenry, and Will |
| 11 | | counties must comply with the certification requirements for |
| 12 | | airport-related purposes under Section 2-22 of the Retailers' |
| 13 | | Occupation Tax Act. For purposes of this Section, |
| 14 | | "airport-related purposes" has the meaning ascribed in Section |
| 15 | | 6z-20.2 of the State Finance Act. This exclusion for aviation |
| 16 | | fuel only applies for so long as the revenue use requirements |
| 17 | | of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the |
| 18 | | Authority. |
| 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 of Revenue shall have full power to administer and |
| 23 | | enforce this paragraph; to collect all taxes and penalties due |
| 24 | | hereunder; to dispose of taxes and penalties collected in the |
| 25 | | manner hereinafter provided; and to determine all rights to |
| 26 | | credit memoranda arising on account of the erroneous payment |
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| 1 | | of tax or penalty hereunder. In the administration of and |
| 2 | | compliance with this paragraph, the Department and persons who |
| 3 | | are subject to this paragraph shall have the same rights, |
| 4 | | remedies, privileges, immunities, powers, and duties, and be |
| 5 | | subject to the same conditions, restrictions, limitations, |
| 6 | | penalties, exclusions, exemptions, and definitions of terms, |
| 7 | | and employ the same modes of procedure, as are prescribed in |
| 8 | | Sections 1a-1, 2, 2a, 3 through 3-50 (in respect to all |
| 9 | | provisions therein other than the State rate of tax), 4 |
| 10 | | (except that the reference to the State shall be to the |
| 11 | | Authority), 5, 7, 8 (except that the jurisdiction to which the |
| 12 | | tax shall be a debt to the extent indicated in that Section 8 |
| 13 | | shall be the Authority), 9 (except as to the disposition of |
| 14 | | taxes and penalties collected, and except that the returned |
| 15 | | merchandise credit for this tax may not be taken against any |
| 16 | | State tax, and except that the retailer's discount is not |
| 17 | | allowed for taxes paid on aviation fuel that are subject to the |
| 18 | | revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. |
| 19 | | 47133), 10, 11, 12 (except the reference therein to Section 2b |
| 20 | | of the Retailers' Occupation Tax Act), 13 (except that any |
| 21 | | reference to the State shall mean the Authority), the first |
| 22 | | paragraph of Section 15, 16, 17, 18, 19, and 20 of the Service |
| 23 | | Occupation Tax Act and Section 3-7 of the Uniform Penalty and |
| 24 | | Interest Act, as fully as if those provisions were set forth |
| 25 | | herein. |
| 26 | | Persons subject to any tax imposed under the authority |
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| 1 | | granted in this paragraph may reimburse themselves for their |
| 2 | | serviceman's tax liability hereunder by separately stating the |
| 3 | | tax as an additional charge, that charge may be stated in |
| 4 | | combination in a single amount with State tax that servicemen |
| 5 | | are authorized to collect under the Service Use Tax Act, under |
| 6 | | any bracket schedules the Department may prescribe. |
| 7 | | Whenever the Department of Revenue determines that a |
| 8 | | refund should be made under this paragraph to a claimant |
| 9 | | instead of issuing a credit memorandum, the Department of |
| 10 | | Revenue shall notify the State Comptroller, who shall cause |
| 11 | | the warrant to be drawn for the amount specified, and to the |
| 12 | | person named in the notification from the Department of |
| 13 | | Revenue. The refund shall be paid by the State Treasurer out of |
| 14 | | the Northern Illinois Transit Regional Transportation |
| 15 | | Authority tax fund established under paragraph (n) of this |
| 16 | | Section or the Local Government Aviation Trust Fund, as |
| 17 | | appropriate. |
| 18 | | Nothing in this paragraph shall be construed to authorize |
| 19 | | the Authority to impose a tax upon the privilege of engaging in |
| 20 | | any business that under the Constitution of the United States |
| 21 | | may not be made the subject of taxation by the State. |
| 22 | | (g) If a tax has been imposed under paragraph (e), a tax |
| 23 | | shall also be imposed upon the privilege of using in the |
| 24 | | metropolitan region, any item of tangible personal property |
| 25 | | that is purchased outside the metropolitan region at retail |
| 26 | | from a retailer, and that is titled or registered with an |
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| 1 | | agency of this State's government. In Cook County, before the |
| 2 | | effective date of this amendatory Act of the 104th General |
| 3 | | Assembly, the tax rate shall be 1% of the selling price of the |
| 4 | | tangible personal property, as "selling price" is defined in |
| 5 | | the Use Tax Act. In Cook County, on and after the effective |
| 6 | | date of this amendatory Act of the 104th General Assembly, the |
| 7 | | tax rate shall be 1.25% of the selling price of the tangible |
| 8 | | personal property, as "selling price" is defined in the Use |
| 9 | | Tax Act. In DuPage, Kane, Lake, McHenry, and Will counties, |
| 10 | | before the effective date of this amendatory Act of the 104th |
| 11 | | General Assembly, the tax rate shall be 0.75% of the selling |
| 12 | | price of the tangible personal property, as "selling price" is |
| 13 | | defined in the Use Tax Act. In DuPage, Kane, Lake, McHenry, and |
| 14 | | Will counties, on and after the effective date of this |
| 15 | | amendatory Act of the 104th General Assembly, the tax rate |
| 16 | | shall be 1% of the selling price of the tangible personal |
| 17 | | property, as "selling price" is defined in the Use Tax Act. The |
| 18 | | tax shall be collected from persons whose Illinois address for |
| 19 | | titling or registration purposes is given as being in the |
| 20 | | metropolitan region. The tax shall be collected by the |
| 21 | | Department of Revenue for the Regional Transportation |
| 22 | | Authority. The tax must be paid to the State, or an exemption |
| 23 | | determination must be obtained from the Department of Revenue, |
| 24 | | before the title or certificate of registration for the |
| 25 | | property may be issued. The tax or proof of exemption may be |
| 26 | | transmitted to the Department by way of the State agency with |
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| 1 | | which, or the State officer with whom, the tangible personal |
| 2 | | property must be titled or registered if the Department and |
| 3 | | the State agency or State officer determine that this |
| 4 | | procedure will expedite the processing of applications for |
| 5 | | title or registration. |
| 6 | | The Department shall have full power to administer and |
| 7 | | enforce this paragraph; to collect all taxes, penalties, and |
| 8 | | interest due hereunder; to dispose of taxes, penalties, and |
| 9 | | interest collected in the manner hereinafter provided; and to |
| 10 | | determine all rights to credit memoranda or refunds arising on |
| 11 | | account of the erroneous payment of tax, penalty, or interest |
| 12 | | hereunder. In the administration of and compliance with this |
| 13 | | paragraph, the Department and persons who are subject to this |
| 14 | | paragraph shall have the same rights, remedies, privileges, |
| 15 | | immunities, powers, and duties, and be subject to the same |
| 16 | | conditions, restrictions, limitations, penalties, exclusions, |
| 17 | | exemptions, and definitions of terms and employ the same modes |
| 18 | | of procedure, as are prescribed in Sections 2 (except the |
| 19 | | definition of "retailer maintaining a place of business in |
| 20 | | this State"), 3 through 3-80 (except provisions pertaining to |
| 21 | | the State rate of tax, and except provisions concerning |
| 22 | | collection or refunding of the tax by retailers), 4, 11, 12, |
| 23 | | 12a, 14, 15, 19 (except the portions pertaining to claims by |
| 24 | | retailers and except the last paragraph concerning refunds), |
| 25 | | 20, 21, and 22 of the Use Tax Act, and are not inconsistent |
| 26 | | with this paragraph, as fully as if those provisions were set |
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| 1 | | forth herein. |
| 2 | | Whenever the Department determines that a refund should be |
| 3 | | made under this paragraph to a claimant instead of issuing a |
| 4 | | credit memorandum, the Department shall notify the State |
| 5 | | Comptroller, who shall cause the order to be drawn for the |
| 6 | | amount specified, and to the person named in the notification |
| 7 | | from the Department. The refund shall be paid by the State |
| 8 | | Treasurer out of the Northern Illinois Transit Regional |
| 9 | | Transportation Authority tax fund established under paragraph |
| 10 | | (n) of this Section. |
| 11 | | (g-5) If, on January 1, 2025, a unit of local government |
| 12 | | has in effect a tax under subsections (e), (f), and (g), or if, |
| 13 | | after January 1, 2025, a unit of local government imposes a tax |
| 14 | | under subsections (e), (f), and (g), then that tax applies to |
| 15 | | leases of tangible personal property in effect, entered into, |
| 16 | | or renewed on or after that date in the same manner as the tax |
| 17 | | under this Section and in accordance with the changes made by |
| 18 | | Public Act 103-592 this amendatory Act of the 103rd General |
| 19 | | Assembly. |
| 20 | | (h) The Authority may impose a replacement vehicle tax of |
| 21 | | $50 on any passenger car as defined in Section 1-157 of the |
| 22 | | Illinois Vehicle Code purchased within the metropolitan region |
| 23 | | by or on behalf of an insurance company to replace a passenger |
| 24 | | car of an insured person in settlement of a total loss claim. |
| 25 | | The tax imposed may not become effective before the first day |
| 26 | | of the month following the passage of the ordinance imposing |
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| 1 | | the tax and receipt of a certified copy of the ordinance by the |
| 2 | | Department of Revenue. The Department of Revenue shall collect |
| 3 | | the tax for the Authority in accordance with Sections 3-2002 |
| 4 | | and 3-2003 of the Illinois Vehicle Code. |
| 5 | | The Department shall immediately pay over to the State |
| 6 | | Treasurer, ex officio, as trustee, all taxes collected |
| 7 | | hereunder. |
| 8 | | As soon as possible after the first day of each month, |
| 9 | | beginning January 1, 2011, upon certification of the |
| 10 | | Department of Revenue, the Comptroller shall order |
| 11 | | transferred, and the Treasurer shall transfer, to the STAR |
| 12 | | Bonds Revenue Fund the local sales tax increment, as defined |
| 13 | | in the Innovation Development and Economy Act, collected under |
| 14 | | this Section during the second preceding calendar month for |
| 15 | | sales within a STAR bond district. |
| 16 | | After the monthly transfer to the STAR Bonds Revenue Fund, |
| 17 | | on or before the 25th day of each calendar month, the |
| 18 | | Department shall prepare and certify to the Comptroller the |
| 19 | | disbursement of stated sums of money to the Authority. The |
| 20 | | amount to be paid to the Authority shall be the amount |
| 21 | | collected hereunder during the second preceding calendar month |
| 22 | | by the Department, less any amount determined by the |
| 23 | | Department to be necessary for the payment of refunds, and |
| 24 | | less any amounts that are transferred to the STAR Bonds |
| 25 | | Revenue Fund. Within 10 days after receipt by the Comptroller |
| 26 | | of the disbursement certification to the Authority provided |
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| 1 | | for in this Section to be given to the Comptroller by the |
| 2 | | Department, the Comptroller shall cause the orders to be drawn |
| 3 | | for that amount in accordance with the directions contained in |
| 4 | | the certification. |
| 5 | | (i) The Board may not impose any other taxes except as it |
| 6 | | may from time to time be authorized by law to impose. |
| 7 | | (j) A certificate of registration issued by the State |
| 8 | | Department of Revenue to a retailer under the Retailers' |
| 9 | | Occupation Tax Act or under the Service Occupation Tax Act |
| 10 | | shall permit the registrant to engage in a business that is |
| 11 | | taxed under the tax imposed under paragraphs (b), (e), (f) or |
| 12 | | (g) of this Section and no additional registration shall be |
| 13 | | required under the tax. A certificate issued under the Use Tax |
| 14 | | Act or the Service Use Tax Act shall be applicable with regard |
| 15 | | to any tax imposed under paragraph (c) of this Section. |
| 16 | | (k) The provisions of any tax imposed under paragraph (c) |
| 17 | | of this Section shall conform as closely as may be practicable |
| 18 | | to the provisions of the Use Tax Act, including, without |
| 19 | | limitation, conformity as to penalties with respect to the tax |
| 20 | | imposed and as to the powers of the State Department of Revenue |
| 21 | | to promulgate and enforce rules and regulations relating to |
| 22 | | the administration and enforcement of the provisions of the |
| 23 | | tax imposed. The taxes shall be imposed only on use within the |
| 24 | | metropolitan region and at rates as provided in the paragraph. |
| 25 | | (l) The Board in imposing any tax as provided in |
| 26 | | paragraphs (b) and (c) of this Section, shall, after seeking |
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| 1 | | the advice of the State Department of Revenue, provide means |
| 2 | | for retailers, users or purchasers of motor fuel for purposes |
| 3 | | other than those with regard to which the taxes may be imposed |
| 4 | | as provided in those paragraphs to receive refunds of taxes |
| 5 | | improperly paid, which provisions may be at variance with the |
| 6 | | refund provisions as applicable under the Municipal Retailers |
| 7 | | Occupation Tax Act. The State Department of Revenue may |
| 8 | | provide for certificates of registration for users or |
| 9 | | purchasers of motor fuel for purposes other than those with |
| 10 | | regard to which taxes may be imposed as provided in paragraphs |
| 11 | | (b) and (c) of this Section to facilitate the reporting and |
| 12 | | nontaxability of the exempt sales or uses. |
| 13 | | (m) Any ordinance imposing or discontinuing any tax under |
| 14 | | this Section shall be adopted and a certified copy thereof |
| 15 | | filed with the Department on or before June 1, whereupon the |
| 16 | | Department of Revenue shall proceed to administer and enforce |
| 17 | | this Section on behalf of the Regional Transportation |
| 18 | | Authority as of September 1 next following such adoption and |
| 19 | | filing. Beginning January 1, 1992, an ordinance or resolution |
| 20 | | imposing or discontinuing the tax hereunder shall be adopted |
| 21 | | and a certified copy thereof filed with the Department on or |
| 22 | | before the first day of July, whereupon the Department shall |
| 23 | | proceed to administer and enforce this Section as of the first |
| 24 | | day of October next following such adoption and filing. |
| 25 | | Beginning January 1, 1993, an ordinance or resolution |
| 26 | | imposing, increasing, decreasing, or discontinuing the tax |
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| 1 | | hereunder shall be adopted and a certified copy thereof filed |
| 2 | | with the Department, whereupon the Department shall proceed to |
| 3 | | administer and enforce this Section as of the first day of the |
| 4 | | first month to occur not less than 60 days following such |
| 5 | | adoption and filing. Any ordinance or resolution of the |
| 6 | | Authority imposing a tax under this Section and in effect on |
| 7 | | August 1, 2007 shall remain in full force and effect and shall |
| 8 | | be administered by the Department of Revenue under the terms |
| 9 | | and conditions and rates of tax established by such ordinance |
| 10 | | or resolution until the Department begins administering and |
| 11 | | enforcing an increased tax under this Section as authorized by |
| 12 | | Public Act 95-708. The tax rates authorized by Public Act |
| 13 | | 95-708 are effective only if imposed by ordinance of the |
| 14 | | Authority. |
| 15 | | (n) Except as otherwise provided in this subsection (n), |
| 16 | | the State Department of Revenue shall, upon collecting any |
| 17 | | taxes as provided in this Section, pay the taxes over to the |
| 18 | | State Treasurer as trustee for the Authority. The taxes shall |
| 19 | | be held in a trust fund outside the State treasury Treasury. If |
| 20 | | an airport-related purpose has been certified, taxes and |
| 21 | | penalties collected in DuPage, Kane, Lake, McHenry and Will |
| 22 | | counties on aviation fuel sold on or after December 1, 2019 |
| 23 | | from the 0.50% of the 0.75% rate shall be immediately paid over |
| 24 | | by the Department to the State Treasurer, ex officio, as |
| 25 | | trustee, for deposit into the Local Government Aviation Trust |
| 26 | | Fund. The Department shall only pay moneys into the Local |
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| 1 | | Government Aviation Trust Fund under this Act for so long as |
| 2 | | the revenue use requirements of 49 U.S.C. 47107(b) and 49 |
| 3 | | U.S.C. 47133 are binding on the Authority. On or before the |
| 4 | | 25th day of each calendar month, the State Department of |
| 5 | | Revenue shall prepare and certify to the Comptroller of the |
| 6 | | State of Illinois and to the Authority (i) the amount of taxes |
| 7 | | collected in each county other than Cook County in the |
| 8 | | metropolitan region, (not including, if an airport-related |
| 9 | | purpose has been certified, the taxes and penalties collected |
| 10 | | from the 0.50% of the 0.75% rate on aviation fuel sold on or |
| 11 | | after December 1, 2019 that are deposited into the Local |
| 12 | | Government Aviation Trust Fund) (ii) the amount of taxes |
| 13 | | collected within the City of Chicago, and (iii) the amount |
| 14 | | collected in that portion of Cook County outside of Chicago, |
| 15 | | each amount less the amount necessary for the payment of |
| 16 | | refunds to taxpayers located in those areas described in items |
| 17 | | (i), (ii), and (iii), and less 1.5% of the remainder, which |
| 18 | | shall be transferred from the trust fund into the Tax |
| 19 | | Compliance and Administration Fund. The Department, at the |
| 20 | | time of each monthly disbursement to the Authority, shall |
| 21 | | prepare and certify to the State Comptroller the amount to be |
| 22 | | transferred into the Tax Compliance and Administration Fund |
| 23 | | under this subsection. Within 10 days after receipt by the |
| 24 | | Comptroller of the certification of the amounts, the |
| 25 | | Comptroller shall cause an order to be drawn for the transfer |
| 26 | | of the amount certified into the Tax Compliance and |
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| 1 | | Administration Fund and the payment of two-thirds of the |
| 2 | | amounts certified in item (i) of this subsection to the |
| 3 | | Authority and one-third of the amounts certified in item (i) |
| 4 | | of this subsection to the respective counties other than Cook |
| 5 | | County and the amount certified in items (ii) and (iii) of this |
| 6 | | subsection to the Authority. |
| 7 | | In addition to the disbursement required by the preceding |
| 8 | | paragraph, an allocation shall be made in July 1991 and each |
| 9 | | year thereafter to the Regional Transportation Authority. The |
| 10 | | allocation shall be made in an amount equal to the average |
| 11 | | monthly distribution during the preceding calendar year |
| 12 | | (excluding the 2 months of lowest receipts) and the allocation |
| 13 | | shall include the amount of average monthly distribution from |
| 14 | | the Northern Illinois Transit Regional Transportation |
| 15 | | Authority Occupation and Use Tax Replacement Fund. The |
| 16 | | distribution made in July 1992 and each year thereafter under |
| 17 | | this paragraph and the preceding paragraph shall be reduced by |
| 18 | | the amount allocated and disbursed under this paragraph in the |
| 19 | | preceding calendar year. The Department of Revenue shall |
| 20 | | prepare and certify to the Comptroller for disbursement the |
| 21 | | allocations made in accordance with this paragraph. |
| 22 | | (o) Failure to adopt a budget ordinance or otherwise to |
| 23 | | comply with Section 4.01 of this Act or to adopt a 5-Year |
| 24 | | Five-year Capital Program or otherwise to comply with |
| 25 | | paragraph (b) of Section 2.01 of this Act shall not affect the |
| 26 | | validity of any tax imposed by the Authority otherwise in |
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| 1 | | conformity with law. |
| 2 | | (p) At no time shall a public transportation tax or motor |
| 3 | | vehicle parking tax authorized under paragraphs (b), (c), and |
| 4 | | (d) of this Section be in effect at the same time as any |
| 5 | | retailers' occupation, use or service occupation tax |
| 6 | | authorized under paragraphs (e), (f), and (g) of this Section |
| 7 | | is in effect. |
| 8 | | Any taxes imposed under the authority provided in |
| 9 | | paragraphs (b), (c), and (d) shall remain in effect only until |
| 10 | | the time as any tax authorized by paragraph (e), (f), or (g) of |
| 11 | | this Section is are imposed and becomes effective. Once any |
| 12 | | tax authorized by paragraph (e), (f), or (g) is imposed the |
| 13 | | Board may not reimpose taxes as authorized in paragraphs (b), |
| 14 | | (c), and (d) of the Section unless any tax authorized by |
| 15 | | paragraph (e), (f), or (g) of this Section becomes ineffective |
| 16 | | by means other than an ordinance of the Board. |
| 17 | | (q) Any existing rights, remedies and obligations |
| 18 | | (including enforcement by the Regional Transportation |
| 19 | | Authority) arising under any tax imposed under paragraph (b), |
| 20 | | (c), or (d) of this Section shall not be affected by the |
| 21 | | imposition of a tax under paragraph (e), (f), or (g) of this |
| 22 | | Section. |
| 23 | | (r) Beginning one year after the effective date of this |
| 24 | | amendatory Act of the 104th General Assembly, the Board shall |
| 25 | | impose a large event ticket surcharge on an amusement ticket |
| 26 | | if (1) the amusement is held in a venue that has a total |
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| 1 | | capacity of 10,000 or more persons; (2) the amusement is |
| 2 | | located within the service area of the Authority; and (3) the |
| 3 | | amusement ticket is sold for consideration. The amount of the |
| 4 | | surcharge shall be $5 per amusement ticket unless the |
| 5 | | amusement is held over multiple days. If the amusement is held |
| 6 | | over multiple days, then the amount of the surcharge shall be |
| 7 | | $5 per day that the amusement ticket grants the holder of the |
| 8 | | amusement ticket access to the amusement. The surcharge shall |
| 9 | | apply each time the amusement ticket is sold. It shall be the |
| 10 | | joint and several duty of every seller of an amusement ticket |
| 11 | | that is subject to the surcharge imposed under this subsection |
| 12 | | to remit the surcharge to the Department of Revenue not later |
| 13 | | than the 15th day of each calendar month for all surcharges |
| 14 | | received during the immediately preceding calendar month. A |
| 15 | | verified statement of surcharges in a form prescribed by the |
| 16 | | Department of Revenue shall accompany each remittance. The |
| 17 | | Department of Revenue may establish penalties for the failure |
| 18 | | of a seller or reseller of an amusement ticket to remit the |
| 19 | | surcharge amounts due. The Authority may require a seller of |
| 20 | | an amusement ticket to notify the purchaser of the amusement |
| 21 | | ticket that the purchaser of the amusement ticket shall |
| 22 | | receive a one-day transit pass for the day of the amusement |
| 23 | | under Section 2.48. |
| 24 | | As used in this subsection: |
| 25 | | "Amusement" means any exhibition, performance, |
| 26 | | presentation or show for entertainment purposes, including, |
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| 1 | | but not limited to, any theatrical, dramatic, musical or |
| 2 | | spectacular performance; promotional show; motion picture |
| 3 | | show; flower, poultry, or animal show; animal act; circus; |
| 4 | | rodeo; or athletic contest, sport, game, or similar |
| 5 | | exhibition, such as boxing, wrestling, skating, dancing, |
| 6 | | swimming, racing, or riding on animals or vehicles, baseball, |
| 7 | | basketball, softball, football, tennis, golf, hockey, track |
| 8 | | and field games, bowling or billiard or pool games. |
| 9 | | "Amusement" does not include lawful gambling at a casino, as |
| 10 | | that term is defined in Section 4 of the Illinois Gambling Act. |
| 11 | | "One-day transit pass" has the meaning given to that term |
| 12 | | in Section 2.48. |
| 13 | | "Amusement ticket" means a ticket or other license |
| 14 | | granting (1) the privilege to enter, witness, view, or |
| 15 | | participate in an amusement or (2) the opportunity to obtain |
| 16 | | the privilege to enter, witness, view, or participate in an |
| 17 | | amusement. "Amusement ticket" includes, but is not limited to, |
| 18 | | a permanent seat license. |
| 19 | | (Source: P.A. 102-700, eff. 4-19-22; 103-592, eff. 1-1-25; |
| 20 | | 103-781, eff. 8-5-24; revised 11-26-24.)
|
| 21 | | (70 ILCS 3615/4.03.3) |
| 22 | | Sec. 4.03.3. Distribution of Revenues. |
| 23 | | This Section applies only after the Department begins |
| 24 | | administering and enforcing an increased tax under Section |
| 25 | | 4.03(m) as authorized by this amendatory Act of the 95th |
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| 1 | | General Assembly. After providing for payment of its |
| 2 | | obligations with respect to bonds and notes issued under the |
| 3 | | provisions of Section 4.04 and obligations related to those |
| 4 | | bonds and notes and separately accounting for the tax on |
| 5 | | aviation fuel deposited into the Local Government Aviation |
| 6 | | Trust Fund, the Authority shall disburse the remaining |
| 7 | | proceeds from taxes it has received from the Department of |
| 8 | | Revenue under this Article IV and the remaining proceeds it |
| 9 | | has received from the State under Section 4.09(a) as follows: |
| 10 | | (a) (Blank). With respect to taxes imposed by the |
| 11 | | Authority under Section 4.03, after withholding 15% of 80% of |
| 12 | | the receipts from those taxes collected in Cook County at a |
| 13 | | rate of 1.25%, 15% of 75% of the receipts from those taxes |
| 14 | | collected in Cook County at the rate of 1%, 15% of one-half of |
| 15 | | the receipts from those taxes collected in DuPage, Kane, Lake, |
| 16 | | McHenry, and Will Counties, and 15% of money received by the |
| 17 | | Authority from the Regional Transportation Authority |
| 18 | | Occupation and Use Tax Replacement Fund or from the Regional |
| 19 | | Transportation Authority tax fund created in Section 4.03(n), |
| 20 | | the Board shall allocate the proceeds and money remaining to |
| 21 | | the Service Boards as follows: |
| 22 | | (1) an amount equal to (i) 85% of 80% of the receipts |
| 23 | | from those taxes collected within the City of Chicago at a |
| 24 | | rate of 1.25%, (ii) 85% of 75% of the receipts from those |
| 25 | | taxes collected in the City of Chicago at the rate of 1%, |
| 26 | | and (iii) 85% of the money received by the Authority on |
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| 1 | | account of transfers to the Regional Transportation |
| 2 | | Authority Occupation and Use Tax Replacement Fund or to |
| 3 | | the Regional Transportation Authority tax fund created in |
| 4 | | Section 4.03(n) from the County and Mass Transit District |
| 5 | | Fund attributable to retail sales within the City of |
| 6 | | Chicago shall be allocated to the Chicago Transit |
| 7 | | Authority; |
| 8 | | (2) an amount equal to (i) 85% of 80% of the receipts |
| 9 | | from those taxes collected within Cook County outside of |
| 10 | | the City of Chicago at a rate of 1.25%, (ii) 85% of 75% of |
| 11 | | the receipts from those taxes collected within Cook County |
| 12 | | outside the City of Chicago at a rate of 1%, and (iii) 85% |
| 13 | | of the money received by the Authority on account of |
| 14 | | transfers to the Regional Transportation Authority |
| 15 | | Occupation and Use Tax Replacement Fund or to the Regional |
| 16 | | Transportation Authority tax fund created in Section |
| 17 | | 4.03(n) from the County and Mass Transit District Fund |
| 18 | | attributable to retail sales within Cook County outside of |
| 19 | | the City of Chicago shall be allocated 30% to the Chicago |
| 20 | | Transit Authority, 55% to the Commuter Rail Board, and 15% |
| 21 | | to the Suburban Bus Board; and |
| 22 | | (3) an amount equal to 85% of one-half of the receipts |
| 23 | | from the taxes collected within the Counties of DuPage, |
| 24 | | Kane, Lake, McHenry, and Will shall be allocated 70% to |
| 25 | | the Commuter Rail Board and 30% to the Suburban Bus Board. |
| 26 | | (b) (Blank). Moneys received by the Authority on account |
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| 1 | | of transfers to the Regional Transportation Authority |
| 2 | | Occupation and Use Tax Replacement Fund from the State and |
| 3 | | Local Sales Tax Reform Fund shall be allocated among the |
| 4 | | Authority and the Service Boards as follows: 15% of such |
| 5 | | moneys shall be retained by the Authority and the remaining |
| 6 | | 85% shall be transferred to the Service Boards as soon as may |
| 7 | | be practicable after the Authority receives payment. Moneys |
| 8 | | which are distributable to the Service Boards pursuant to the |
| 9 | | preceding sentence shall be allocated among the Service Boards |
| 10 | | on the basis of each Service Board's distribution ratio. The |
| 11 | | term "distribution ratio" means, for purposes of this |
| 12 | | subsection (b), the ratio of the total amount distributed to a |
| 13 | | Service Board pursuant to subsection (a) of Section 4.03.3 for |
| 14 | | the immediately preceding calendar year to the total amount |
| 15 | | distributed to all of the Service Boards pursuant to |
| 16 | | subsection (a) of Section 4.03.3 for the immediately preceding |
| 17 | | calendar year. |
| 18 | | (c) (Blank). (i) 20% of the receipts from those taxes |
| 19 | | collected in Cook County under Section 4.03 at the rate of |
| 20 | | 1.25%, (ii) 25% of the receipts from those taxes collected in |
| 21 | | Cook County under Section 4.03 at the rate of 1%, (iii) 50% of |
| 22 | | the receipts from those taxes collected in DuPage, Kane, Lake, |
| 23 | | McHenry, and Will Counties under Section 4.03, and (iv) |
| 24 | | amounts received from the State under Section 4.09 (a)(2) and |
| 25 | | items (i), (ii), and (iii) of Section 4.09 (a)(3) shall be |
| 26 | | allocated as follows: the amount required to be deposited into |
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| 1 | | the ADA Paratransit Fund described in Section 2.01d, the |
| 2 | | amount required to be deposited into the Suburban Community |
| 3 | | Mobility Fund described in Section 2.01e, and the amount |
| 4 | | required to be deposited into the Innovation, Coordination and |
| 5 | | Enhancement Fund described in Section 2.01c, and the balance |
| 6 | | shall be allocated 48% to the Chicago Transit Authority, 39% |
| 7 | | to the Commuter Rail Board, and 13% to the Suburban Bus Board. |
| 8 | | (d) (Blank). Amounts received from the State under Section |
| 9 | | 4.09 (a)(3)(iv) shall be distributed 100% to the Chicago |
| 10 | | Transit Authority. |
| 11 | | (d-5) For fiscal years 2027, 2028, and 2029, the |
| 12 | | Authority, after making deductions to cover the Authority's |
| 13 | | expenses, including Administrative Operating Expenses, |
| 14 | | Regional Services Operating Expense, Program and Project |
| 15 | | Expenses, Joint Self-Insurance Fund, and debt service |
| 16 | | obligations, and the cost of ADA paratransit service shall |
| 17 | | allocate operating revenue from all sources as follows: |
| 18 | | (1) An amount to each Service Board equal to the |
| 19 | | amount of the total public funding and the federal relief |
| 20 | | funding the Service Board received in fiscal year 2025 |
| 21 | | under the Regional Budget adopted by the Authority in |
| 22 | | December 2024. |
| 23 | | (2) Any amount remaining after the distribution under |
| 24 | | paragraph (1) shall be allocated to the Service Boards in |
| 25 | | proportion to the sum of each Service Board's percentage |
| 26 | | of: |
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| 1 | | (A) vehicle revenue miles; |
| 2 | | (B) passenger miles traveled; |
| 3 | | (C) unlinked passenger trips; and |
| 4 | | (D) vehicle revenue hours. |
| 5 | | (d-10) The Board of the Authority may, by ordinance, |
| 6 | | adjust the amounts allocated to each of the Service Boards |
| 7 | | under paragraph (2) of subsection (d-5) if it finds that the |
| 8 | | allocation of funds under paragraphs (1) and (2) of subsection |
| 9 | | (d-5) has a disproportionately adverse impact on the service |
| 10 | | levels of any Service Board and shall make appropriate |
| 11 | | adjustments to address the disproportionate adverse impact. |
| 12 | | (d-15) For fiscal years 2030, 2031, and 2032, the |
| 13 | | Authority, after making deductions to cover the Authority's |
| 14 | | expenses, including Administrative Operating Expenses, |
| 15 | | Regional Services Operating Expense, Program and Project |
| 16 | | Expenses, Joint Self-Insurance Fund, and debt service |
| 17 | | obligations and the cost of ADA paratransit service, shall |
| 18 | | allocate operating revenue from all sources to each Service |
| 19 | | Board in an amount equal to the amount of the total public |
| 20 | | funding and federal relief funding the Service Board received |
| 21 | | in fiscal year 2025 under the Annual Budget and 2-Year |
| 22 | | Financial Plan adopted by the Authority in December 2024. Any |
| 23 | | amount remaining after the distribution under subsection |
| 24 | | (d-10) shall be allocated to the Service Boards by the |
| 25 | | Authority under the service standards. |
| 26 | | (d-20) For fiscal year 2033 and each fiscal year |
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| 1 | | thereafter, the Authority, after making deductions to cover |
| 2 | | the Authority's expenses, shall allocate operating revenue |
| 3 | | from all sources to the Service Boards under the service |
| 4 | | standards. |
| 5 | | (d-25) The allocation of funds for any fiscal year shall |
| 6 | | be sufficient to satisfy the debt service obligations of the |
| 7 | | Service Boards entered into in compliance with the |
| 8 | | requirements of this Act. |
| 9 | | (e) With respect to those taxes collected in DuPage, Kane, |
| 10 | | Lake, McHenry, and Will Counties and paid directly to the |
| 11 | | counties under Section 4.03, the County Board of each county |
| 12 | | shall use those amounts to fund operating and capital costs of |
| 13 | | public safety and public transportation services or facilities |
| 14 | | or to fund operating, capital, right-of-way, construction, and |
| 15 | | maintenance costs of other transportation purposes, including |
| 16 | | road, bridge, public safety, and transit purposes intended to |
| 17 | | improve mobility or reduce congestion in the county. The |
| 18 | | receipt of funding by such counties pursuant to this paragraph |
| 19 | | shall not be used as the basis for reducing any funds that such |
| 20 | | counties would otherwise have received from the State of |
| 21 | | Illinois, any agency or instrumentality thereof, the |
| 22 | | Authority, or the Service Boards. |
| 23 | | (f) The Authority by ordinance approved by a supermajority |
| 24 | | vote adopted by 12 of its then Directors shall apportion to the |
| 25 | | Service Boards funds provided by the State of Illinois under |
| 26 | | Section 4.09(a)(1) as it shall determine and shall make |
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| 1 | | payment of the amounts to each Service Board as soon as may be |
| 2 | | practicable upon their receipt provided the Authority has |
| 3 | | adopted a balanced budget as required by Section 4.01 and |
| 4 | | further provided the Service Board is in compliance with the |
| 5 | | requirements in Section 4.11. |
| 6 | | (g) Beginning January 1, 2009, before making any payments, |
| 7 | | transfers, or expenditures under this Section to a Service |
| 8 | | Board, the Authority must first comply with Section 4.02a or |
| 9 | | 4.02b of this Act, whichever may be applicable. |
| 10 | | (h) Moneys may be appropriated from the Public |
| 11 | | Transportation Fund to the Office of the Executive Inspector |
| 12 | | General for the costs incurred by the Executive Inspector |
| 13 | | General while serving as the inspector general for the |
| 14 | | Authority and each of the Service Boards. Beginning December |
| 15 | | 31, 2012, and each year thereafter, the Office of the |
| 16 | | Executive Inspector General shall annually report to the |
| 17 | | General Assembly the expenses incurred while serving as the |
| 18 | | inspector general for the Authority and each of the Service |
| 19 | | Boards. |
| 20 | | (Source: P.A. 101-604, eff. 12-13-19.)
|
| 21 | | (70 ILCS 3615/4.04) (from Ch. 111 2/3, par. 704.04) |
| 22 | | Sec. 4.04. Issuance and Pledge of Bonds and Notes. |
| 23 | | (a) The Authority shall have the continuing power to |
| 24 | | borrow money and to issue its negotiable bonds or notes as |
| 25 | | provided in this Section. Unless otherwise indicated in this |
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| 1 | | Section, the term "notes" also includes bond anticipation |
| 2 | | notes, which are notes which by their terms provide for their |
| 3 | | payment from the proceeds of bonds thereafter to be issued. |
| 4 | | Bonds or notes of the Authority may be issued for any or all of |
| 5 | | the following purposes: to pay costs to the Authority or a |
| 6 | | Service Board of constructing or acquiring any public |
| 7 | | transportation facilities (including funds and rights relating |
| 8 | | thereto, as provided in Section 2.05 of this Act); to repay |
| 9 | | advances to the Authority or a Service Board made for such |
| 10 | | purposes; to pay other expenses of the Authority or a Service |
| 11 | | Board incident to or incurred in connection with such |
| 12 | | construction or acquisition; to provide funds for any |
| 13 | | Transportation Agency transportation agency to pay principal |
| 14 | | of or interest or redemption premium on any bonds or notes, |
| 15 | | whether as such amounts become due or by earlier redemption, |
| 16 | | issued prior to the date of this amendatory Act by such |
| 17 | | Transportation Agency transportation agency to construct or |
| 18 | | acquire public transportation facilities or to provide funds |
| 19 | | to purchase such bonds or notes; and to provide funds for any |
| 20 | | Transportation Agency transportation agency to construct or |
| 21 | | acquire any public transportation facilities, to repay |
| 22 | | advances made for such purposes, and to pay other expenses |
| 23 | | incident to or incurred in connection with such construction |
| 24 | | or acquisition; and to provide funds for payment of |
| 25 | | obligations, including the funding of reserves, under any |
| 26 | | self-insurance plan or joint self-insurance pool or entity. |
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| 1 | | In addition to any other borrowing as may be authorized by |
| 2 | | this Section, the Authority may issue its notes, from time to |
| 3 | | time, in anticipation of tax receipts of the Authority or of |
| 4 | | other revenues or receipts of the Authority, in order to |
| 5 | | provide money for the Authority or the Service Boards to cover |
| 6 | | any cash flow deficit which the Authority or a Service Board |
| 7 | | anticipates incurring. Any such notes are referred to in this |
| 8 | | Section as "Working Cash Notes". No Working Cash Notes shall |
| 9 | | be issued for a term of longer than 24 months. Proceeds of |
| 10 | | Working Cash Notes may be used to pay day to day operating |
| 11 | | expenses of the Authority or the Service Boards, consisting of |
| 12 | | wages, salaries, and fringe benefits, professional and |
| 13 | | technical services (including legal, audit, engineering, and |
| 14 | | other consulting services), office rental, furniture, fixtures |
| 15 | | and equipment, insurance premiums, claims for self-insured |
| 16 | | amounts under insurance policies, public utility obligations |
| 17 | | for telephone, light, heat and similar items, travel expenses, |
| 18 | | office supplies, postage, dues, subscriptions, public hearings |
| 19 | | and information expenses, fuel purchases, and payments of |
| 20 | | grants and payments under purchase of service agreements for |
| 21 | | operations of Transportation Agencies transportation agencies, |
| 22 | | prior to the receipt by the Authority or a Service Board from |
| 23 | | time to time of funds for paying such expenses. In addition to |
| 24 | | any Working Cash Notes that the Board of the Authority may |
| 25 | | determine to issue, the Suburban Bus Board, the Commuter Rail |
| 26 | | Board or the Board of the Chicago Transit Authority may demand |
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| 1 | | and direct that the Authority issue its Working Cash Notes in |
| 2 | | such amounts and having such maturities as the Service Board |
| 3 | | may determine. |
| 4 | | Notwithstanding any other provision of this Act, any |
| 5 | | amounts necessary to pay principal of and interest on any |
| 6 | | Working Cash Notes issued at the demand and direction of a |
| 7 | | Service Board or any Working Cash Notes the proceeds of which |
| 8 | | were used for the direct benefit of a Service Board or any |
| 9 | | other Bonds or Notes of the Authority the proceeds of which |
| 10 | | were used for the direct benefit of a Service Board shall |
| 11 | | constitute a reduction of the amount of any other funds |
| 12 | | provided by the Authority to that Service Board. The Authority |
| 13 | | shall, after deducting any costs of issuance, tender the net |
| 14 | | proceeds of any Working Cash Notes issued at the demand and |
| 15 | | direction of a Service Board to such Service Board as soon as |
| 16 | | may be practicable after the proceeds are received. The |
| 17 | | Authority may also issue notes or bonds to pay, refund or |
| 18 | | redeem any of its notes and bonds, including to pay redemption |
| 19 | | premiums or accrued interest on such bonds or notes being |
| 20 | | renewed, paid or refunded, and other costs in connection |
| 21 | | therewith. The Authority may also utilize the proceeds of any |
| 22 | | such bonds or notes to pay the legal, financial, |
| 23 | | administrative and other expenses of such authorization, |
| 24 | | issuance, sale or delivery of bonds or notes or to provide or |
| 25 | | increase a debt service reserve fund with respect to any or all |
| 26 | | of its bonds or notes. The Authority may also issue and deliver |
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| 1 | | its bonds or notes in exchange for any public transportation |
| 2 | | facilities, (including funds and rights relating thereto, as |
| 3 | | provided in Section 2.05 of this Act) or in exchange for |
| 4 | | outstanding bonds or notes of the Authority, including any |
| 5 | | accrued interest or redemption premium thereon, without |
| 6 | | advertising or submitting such notes or bonds for public |
| 7 | | bidding. |
| 8 | | (b) The ordinance providing for the issuance of any such |
| 9 | | bonds or notes shall fix the date or dates of maturity, the |
| 10 | | dates on which interest is payable, any sinking fund account |
| 11 | | or reserve fund account provisions and all other details of |
| 12 | | such bonds or notes and may provide for such covenants or |
| 13 | | agreements necessary or desirable with regard to the issue, |
| 14 | | sale and security of such bonds or notes. The rate or rates of |
| 15 | | interest on its bonds or notes may be fixed or variable and the |
| 16 | | Authority shall determine or provide for the determination of |
| 17 | | the rate or rates of interest of its bonds or notes issued |
| 18 | | under this Act in an ordinance adopted by the Authority prior |
| 19 | | to the issuance thereof, none of which rates of interest shall |
| 20 | | exceed that permitted in the Bond Authorization Act. Interest |
| 21 | | may be payable at such times as are provided for by the Board. |
| 22 | | Bonds and notes issued under this Section may be issued as |
| 23 | | serial or term obligations, shall be of such denomination or |
| 24 | | denominations and form, including interest coupons to be |
| 25 | | attached thereto, be executed in such manner, shall be payable |
| 26 | | at such place or places and bear such date as the Authority |
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| 1 | | shall fix by the ordinance authorizing such bond or note and |
| 2 | | shall mature at such time or times, within a period not to |
| 3 | | exceed forty years from the date of issue, and may be |
| 4 | | redeemable prior to maturity with or without premium, at the |
| 5 | | option of the Authority, upon such terms and conditions as the |
| 6 | | Authority shall fix by the ordinance authorizing the issuance |
| 7 | | of such bonds or notes. No bond anticipation note or any |
| 8 | | renewal thereof shall mature at any time or times exceeding 5 |
| 9 | | years from the date of the first issuance of such note. The |
| 10 | | Authority may provide for the registration of bonds or notes |
| 11 | | in the name of the owner as to the principal alone or as to |
| 12 | | both principal and interest, upon such terms and conditions as |
| 13 | | the Authority may determine. The ordinance authorizing bonds |
| 14 | | or notes may provide for the exchange of such bonds or notes |
| 15 | | which are fully registered, as to both principal and interest, |
| 16 | | with bonds or notes which are registerable as to principal |
| 17 | | only. All bonds or notes issued under this Section by the |
| 18 | | Authority other than those issued in exchange for property or |
| 19 | | for bonds or notes of the Authority shall be sold at a price |
| 20 | | which may be at a premium or discount but such that the |
| 21 | | interest cost (excluding any redemption premium) to the |
| 22 | | Authority of the proceeds of an issue of such bonds or notes, |
| 23 | | computed to stated maturity according to standard tables of |
| 24 | | bond values, shall not exceed that permitted in the Bond |
| 25 | | Authorization Act. The Authority shall notify the Governor's |
| 26 | | Office of Management and Budget and the State Comptroller at |
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| 1 | | least 30 days before any bond sale and shall file with the |
| 2 | | Governor's Office of Management and Budget and the State |
| 3 | | Comptroller a certified copy of any ordinance authorizing the |
| 4 | | issuance of bonds at or before the issuance of the bonds. After |
| 5 | | December 31, 1994, any such bonds or notes shall be sold to the |
| 6 | | highest and best bidder on sealed bids as the Authority shall |
| 7 | | deem. As such bonds or notes are to be sold the Authority shall |
| 8 | | advertise for proposals to purchase the bonds or notes which |
| 9 | | advertisement shall be published at least once in a daily |
| 10 | | newspaper of general circulation published in the metropolitan |
| 11 | | region at least 10 days before the time set for the submission |
| 12 | | of bids. The Authority shall have the right to reject any or |
| 13 | | all bids. Notwithstanding any other provisions of this |
| 14 | | Section, Working Cash Notes or bonds or notes to provide funds |
| 15 | | for self-insurance or a joint self-insurance pool or entity |
| 16 | | may be sold either upon competitive bidding or by negotiated |
| 17 | | sale (without any requirement of publication of intention to |
| 18 | | negotiate the sale of such Notes), as the Board shall |
| 19 | | determine by ordinance adopted with the affirmative votes of |
| 20 | | at least 9 Directors. In case any officer whose signature |
| 21 | | appears on any bonds, notes or coupons authorized pursuant to |
| 22 | | this Section shall cease to be such officer before delivery of |
| 23 | | such bonds or notes, such signature shall nevertheless be |
| 24 | | valid and sufficient for all purposes, the same as if such |
| 25 | | officer had remained in office until such delivery. Neither |
| 26 | | the Directors of the Authority nor any person executing any |
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| 1 | | bonds or notes thereof shall be liable personally on any such |
| 2 | | bonds or notes or coupons by reason of the issuance thereof. |
| 3 | | (c) All bonds or notes of the Authority issued pursuant to |
| 4 | | this Section shall be general obligations of the Authority to |
| 5 | | which shall be pledged the full faith and credit of the |
| 6 | | Authority, as provided in this Section. Such bonds or notes |
| 7 | | shall be secured as provided in the authorizing ordinance, |
| 8 | | which may, notwithstanding any other provision of this Act, |
| 9 | | include in addition to any other security, a specific pledge |
| 10 | | or assignment of and lien on or security interest in any or all |
| 11 | | tax receipts of the Authority and on any or all other revenues |
| 12 | | or moneys of the Authority from whatever source, which may by |
| 13 | | law be utilized for debt service purposes and a specific |
| 14 | | pledge or assignment of and lien on or security interest in any |
| 15 | | funds or accounts established or provided for by the ordinance |
| 16 | | of the Authority authorizing the issuance of such bonds or |
| 17 | | notes. Any such pledge, assignment, lien, or security interest |
| 18 | | for the benefit of holders of bonds or notes of the Authority |
| 19 | | shall be valid and binding from the time the bonds or notes are |
| 20 | | issued without any physical delivery or further act and shall |
| 21 | | be valid and binding as against and prior to the claims of all |
| 22 | | other parties having claims of any kind against the Authority |
| 23 | | or any other person irrespective of whether such other parties |
| 24 | | have notice of such pledge, assignment, lien, or security |
| 25 | | interest. The obligations of the Authority incurred pursuant |
| 26 | | to this Section shall be superior to and have priority over any |
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| 1 | | other obligations of the Authority. |
| 2 | | The Authority may provide in the ordinance authorizing the |
| 3 | | issuance of any bonds or notes issued pursuant to this Section |
| 4 | | for the creation of, deposits in, and regulation and |
| 5 | | disposition of sinking fund or reserve accounts relating to |
| 6 | | such bonds or notes. The ordinance authorizing the issuance of |
| 7 | | any bonds or notes pursuant to this Section may contain |
| 8 | | provisions as part of the contract with the holders of the |
| 9 | | bonds or notes, for the creation of a separate fund to provide |
| 10 | | for the payment of principal and interest on such bonds or |
| 11 | | notes and for the deposit in such fund from any or all the tax |
| 12 | | receipts of the Authority and from any or all such other moneys |
| 13 | | or revenues of the Authority from whatever source which may by |
| 14 | | law be utilized for debt service purposes, all as provided in |
| 15 | | such ordinance, of amounts to meet the debt service |
| 16 | | requirements on such bonds or notes, including principal and |
| 17 | | interest, and any sinking fund or reserve fund account |
| 18 | | requirements as may be provided by such ordinance, and all |
| 19 | | expenses incident to or in connection with such fund and |
| 20 | | accounts or the payment of such bonds or notes. Such ordinance |
| 21 | | may also provide limitations on the issuance of additional |
| 22 | | bonds or notes of the Authority. No such bonds or notes of the |
| 23 | | Authority shall constitute a debt of the State of Illinois. |
| 24 | | Nothing in this Act shall be construed to enable the Authority |
| 25 | | to impose any ad valorem tax on property. |
| 26 | | (d) The ordinance of the Authority authorizing the |
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| 1 | | issuance of any bonds or notes may provide additional security |
| 2 | | for such bonds or notes by providing for appointment of a |
| 3 | | corporate trustee (which may be any trust company or bank |
| 4 | | having the powers of a trust company within the state) with |
| 5 | | respect to such bonds or notes. The ordinance shall prescribe |
| 6 | | the rights, duties, and powers of the trustee to be exercised |
| 7 | | for the benefit of the Authority and the protection of the |
| 8 | | holders of such bonds or notes. The ordinance may provide for |
| 9 | | the trustee to hold in trust, invest, and use amounts in funds |
| 10 | | and accounts created as provided by the ordinance with respect |
| 11 | | to the bonds or notes. The ordinance may provide for the |
| 12 | | assignment and direct payment to the trustee of any or all |
| 13 | | amounts produced from the sources provided in Section 4.03 and |
| 14 | | Section 4.09 of this Act and provided in Section 6z-17 of the |
| 15 | | State Finance Act. Upon receipt of notice of any such |
| 16 | | assignment, the Department of Revenue and the Comptroller of |
| 17 | | the State of Illinois shall thereafter, notwithstanding the |
| 18 | | provisions of Section 4.03 and Section 4.09 of this Act and |
| 19 | | Section 6z-17 of the State Finance Act, provide for such |
| 20 | | assigned amounts to be paid directly to the trustee instead of |
| 21 | | the Authority, all in accordance with the terms of the |
| 22 | | ordinance making the assignment. The ordinance shall provide |
| 23 | | that amounts so paid to the trustee which are not required to |
| 24 | | be deposited, held or invested in funds and accounts created |
| 25 | | by the ordinance with respect to bonds or notes or used for |
| 26 | | paying bonds or notes to be paid by the trustee to the |
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| 1 | | Authority. |
| 2 | | (e) Any bonds or notes of the Authority issued pursuant to |
| 3 | | this Section shall constitute a contract between the Authority |
| 4 | | and the holders from time to time of such bonds or notes. In |
| 5 | | issuing any bond or note, the Authority may include in the |
| 6 | | ordinance authorizing such issue a covenant as part of the |
| 7 | | contract with the holders of the bonds or notes, that as long |
| 8 | | as such obligations are outstanding, it shall make such |
| 9 | | deposits, as provided in paragraph (c) of this Section. It may |
| 10 | | also so covenant that it shall impose and continue to impose |
| 11 | | taxes, as provided in Section 4.03 of this Act and in addition |
| 12 | | thereto as subsequently authorized by law, sufficient to make |
| 13 | | such deposits and pay the principal and interest and to meet |
| 14 | | other debt service requirements of such bonds or notes as they |
| 15 | | become due. A certified copy of the ordinance authorizing the |
| 16 | | issuance of any such obligations shall be filed at or prior to |
| 17 | | the issuance of such obligations with the Comptroller of the |
| 18 | | State of Illinois and the Illinois Department of Revenue. |
| 19 | | (f) The State of Illinois pledges to and agrees with the |
| 20 | | holders of the bonds and notes of the Authority issued |
| 21 | | pursuant to this Section that the State will not limit or alter |
| 22 | | the rights and powers vested in the Authority by this Act so as |
| 23 | | to impair the terms of any contract made by the Authority with |
| 24 | | such holders or in any way impair the rights and remedies of |
| 25 | | such holders until such bonds and notes, together with |
| 26 | | interest thereon, with interest on any unpaid installments of |
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| 1 | | interest, and all costs and expenses in connection with any |
| 2 | | action or proceedings by or on behalf of such holders, are |
| 3 | | fully met and discharged. In addition, the State pledges to |
| 4 | | and agrees with the holders of the bonds and notes of the |
| 5 | | Authority issued pursuant to this Section that the State will |
| 6 | | not limit or alter the basis on which State funds are to be |
| 7 | | paid to the Authority as provided in this Act, or the use of |
| 8 | | such funds, so as to impair the terms of any such contract. The |
| 9 | | Authority is authorized to include these pledges and |
| 10 | | agreements of the State in any contract with the holders of |
| 11 | | bonds or notes issued pursuant to this Section. |
| 12 | | (g) (Blank). (1) Except as provided in subdivisions (g)(2) |
| 13 | | and (g)(3) of Section 4.04 of this Act, the Authority shall not |
| 14 | | at any time issue, sell or deliver any bonds or notes (other |
| 15 | | than Working Cash Notes and lines of credit) pursuant to this |
| 16 | | Section 4.04 which will cause it to have issued and |
| 17 | | outstanding at any time in excess of $800,000,000 of such |
| 18 | | bonds and notes (other than Working Cash Notes and lines of |
| 19 | | credit). The Authority shall not issue, sell, or deliver any |
| 20 | | Working Cash Notes or establish a line of credit pursuant to |
| 21 | | this Section that will cause it to have issued and outstanding |
| 22 | | at any time in excess of $100,000,000. However, the Authority |
| 23 | | may issue, sell, and deliver additional Working Cash Notes or |
| 24 | | establish a line of credit before July 1, 2022 that are over |
| 25 | | and above and in addition to the $100,000,000 authorization |
| 26 | | such that the outstanding amount of these additional Working |
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| 1 | | Cash Notes and lines of credit does not exceed at any time |
| 2 | | $300,000,000. Bonds or notes which are being paid or retired |
| 3 | | by such issuance, sale or delivery of bonds or notes, and bonds |
| 4 | | or notes for which sufficient funds have been deposited with |
| 5 | | the paying agency of such bonds or notes to provide for payment |
| 6 | | of principal and interest thereon or to provide for the |
| 7 | | redemption thereof, all pursuant to the ordinance authorizing |
| 8 | | the issuance of such bonds or notes, shall not be considered to |
| 9 | | be outstanding for the purposes of this subsection. |
| 10 | | (2) In addition to the authority provided by paragraphs |
| 11 | | (1) and (3), the Authority is authorized to issue, sell, and |
| 12 | | deliver bonds or notes for Strategic Capital Improvement |
| 13 | | Projects approved pursuant to Section 4.13 as follows: |
| 14 | | $100,000,000 is authorized to be issued on or after |
| 15 | | January 1, 1990; |
| 16 | | an additional $100,000,000 is authorized to be issued |
| 17 | | on or after January 1, 1991; |
| 18 | | an additional $100,000,000 is authorized to be issued |
| 19 | | on or after January 1, 1992; |
| 20 | | an additional $100,000,000 is authorized to be issued |
| 21 | | on or after January 1, 1993; |
| 22 | | an additional $100,000,000 is authorized to be issued |
| 23 | | on or after January 1, 1994; and |
| 24 | | the aggregate total authorization of bonds and notes |
| 25 | | for Strategic Capital Improvement Projects as of January |
| 26 | | 1, 1994, shall be $500,000,000. |
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| 1 | | The Authority is also authorized to issue, sell, and |
| 2 | | deliver bonds or notes in such amounts as are necessary to |
| 3 | | provide for the refunding or advance refunding of bonds or |
| 4 | | notes issued for Strategic Capital Improvement Projects under |
| 5 | | this subdivision (g)(2), provided that no such refunding bond |
| 6 | | or note shall mature later than the final maturity date of the |
| 7 | | series of bonds or notes being refunded, and provided further |
| 8 | | that the debt service requirements for such refunding bonds or |
| 9 | | notes in the current or any future fiscal year shall not exceed |
| 10 | | the debt service requirements for that year on the refunded |
| 11 | | bonds or notes. |
| 12 | | (3) In addition to the authority provided by paragraphs |
| 13 | | (1) and (2), the Authority is authorized to issue, sell, and |
| 14 | | deliver bonds or notes for Strategic Capital Improvement |
| 15 | | Projects approved pursuant to Section 4.13 as follows: |
| 16 | | $260,000,000 is authorized to be issued on or after |
| 17 | | January 1, 2000; |
| 18 | | an additional $260,000,000 is authorized to be issued |
| 19 | | on or after January 1, 2001; |
| 20 | | an additional $260,000,000 is authorized to be issued |
| 21 | | on or after January 1, 2002; |
| 22 | | an additional $260,000,000 is authorized to be issued |
| 23 | | on or after January 1, 2003; |
| 24 | | an additional $260,000,000 is authorized to be issued |
| 25 | | on or after January 1, 2004; and |
| 26 | | the aggregate total authorization of bonds and notes |
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| 1 | | for Strategic Capital Improvement Projects pursuant to |
| 2 | | this paragraph (3) as of January 1, 2004 shall be |
| 3 | | $1,300,000,000. |
| 4 | | The Authority is also authorized to issue, sell, and |
| 5 | | deliver bonds or notes in such amounts as are necessary to |
| 6 | | provide for the refunding or advance refunding of bonds or |
| 7 | | notes issued for Strategic Capital Improvement projects under |
| 8 | | this subdivision (g)(3), provided that no such refunding bond |
| 9 | | or note shall mature later than the final maturity date of the |
| 10 | | series of bonds or notes being refunded, and provided further |
| 11 | | that the debt service requirements for such refunding bonds or |
| 12 | | notes in the current or any future fiscal year shall not exceed |
| 13 | | the debt service requirements for that year on the refunded |
| 14 | | bonds or notes. |
| 15 | | (h) The Authority, subject to the terms of any agreements |
| 16 | | with noteholders or bond holders as may then exist, shall have |
| 17 | | power, out of any funds available therefor, to purchase notes |
| 18 | | or bonds of the Authority, which shall thereupon be cancelled. |
| 19 | | (i) In addition to any other authority granted by law, the |
| 20 | | State Treasurer may, with the approval of the Governor, invest |
| 21 | | or reinvest, at a price not to exceed par, any State money in |
| 22 | | the State treasury Treasury which is not needed for current |
| 23 | | expenditures due or about to become due in Working Cash Notes. |
| 24 | | In the event of a default on a Working Cash Note issued by the |
| 25 | | Regional Transportation Authority in which State money in the |
| 26 | | State treasury was invested, the Treasurer may, after giving |
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| 1 | | notice to the Authority, certify to the Comptroller the |
| 2 | | amounts of the defaulted Working Cash Note, in accordance with |
| 3 | | any applicable rules of the Comptroller, and the Comptroller |
| 4 | | must deduct and remit to the State treasury the certified |
| 5 | | amounts or a portion of those amounts from the following |
| 6 | | proportions of payments of State funds to the Authority: |
| 7 | | (1) in the first year after default, one-third of the |
| 8 | | total amount of any payments of State funds to the |
| 9 | | Authority; |
| 10 | | (2) in the second year after default, two-thirds of |
| 11 | | the total amount of any payments of State funds to the |
| 12 | | Authority; and |
| 13 | | (3) in the third year after default and for each year |
| 14 | | thereafter until the total invested amount is repaid, the |
| 15 | | total amount of any payments of State funds to the |
| 16 | | Authority. |
| 17 | | (j) The Authority may establish a line of credit with a |
| 18 | | bank or other financial institution as may be evidenced by the |
| 19 | | issuance of notes or other obligations, secured by and payable |
| 20 | | from all tax receipts of the Authority and any or all other |
| 21 | | revenues or moneys of the Authority, in an amount not to exceed |
| 22 | | the limitations set forth in paragraph (1) of subsection (g). |
| 23 | | Money borrowed under this subsection (j) shall be used to |
| 24 | | provide money for the Authority or the Service Boards to cover |
| 25 | | any cash flow deficit that the Authority or a Service Board |
| 26 | | anticipates incurring and shall be repaid within 24 months. |
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| 1 | | Before establishing a line of credit under this subsection |
| 2 | | (j), the Authority shall authorize the line of credit by |
| 3 | | ordinance. The ordinance shall set forth facts demonstrating |
| 4 | | the need for the line of credit, state the amount to be |
| 5 | | borrowed, establish a maximum interest rate limit not to |
| 6 | | exceed the maximum rate authorized by the Bond Authorization |
| 7 | | Act, and provide a date by which the borrowed funds shall be |
| 8 | | repaid. The ordinance shall authorize and direct the relevant |
| 9 | | officials to make arrangements to set apart and hold, as |
| 10 | | applicable, the moneys that will be used to repay the |
| 11 | | borrowing. In addition, the ordinance may authorize the |
| 12 | | relevant officials to make partial repayments on the line of |
| 13 | | credit as the moneys become available and may contain any |
| 14 | | other terms, restrictions, or limitations desirable or |
| 15 | | necessary to give effect to this subsection (j). |
| 16 | | The Authority shall notify the Governor's Office of |
| 17 | | Management and Budget and the State Comptroller at least 30 |
| 18 | | days before establishing a line of credit and shall file with |
| 19 | | the Governor's Office of Management and Budget and the State |
| 20 | | Comptroller a certified copy of any ordinance authorizing the |
| 21 | | establishment of a line of credit upon or before establishing |
| 22 | | the line of credit. |
| 23 | | Moneys borrowed under a line of credit pursuant to this |
| 24 | | subsection (j) are general obligations of the Authority that |
| 25 | | are secured by the full faith and credit of the Authority. |
| 26 | | (Source: P.A. 101-485, eff. 8-23-19; 102-558, eff. 8-20-21.)
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| 1 | | (70 ILCS 3615/4.06) (from Ch. 111 2/3, par. 704.06) |
| 2 | | Sec. 4.06. Public bidding. |
| 3 | | (a) The Board shall adopt regulations to ensure that the |
| 4 | | acquisition by the Authority or a Service Board other than the |
| 5 | | Chicago Transit Authority of services or public transportation |
| 6 | | facilities (other than real estate) involving a cost of more |
| 7 | | than the small purchase threshold set by the Federal Transit |
| 8 | | Administration and the disposition of all property of the |
| 9 | | Authority or a Service Board other than the Chicago Transit |
| 10 | | Authority shall be after public notice and with public |
| 11 | | bidding. The Board shall adopt regulations to ensure that the |
| 12 | | construction, demolition, rehabilitation, renovation, and |
| 13 | | building maintenance projects by the Authority or a Service |
| 14 | | Board other than the Chicago Transit Authority for services or |
| 15 | | public transportation facilities involving a cost of more than |
| 16 | | $40,000 shall be after public notice and with public bidding. |
| 17 | | Such regulations may provide for exceptions to such |
| 18 | | requirements for acquisition of repair parts, accessories, |
| 19 | | equipment or services previously furnished or contracted for; |
| 20 | | for the immediate delivery of supplies, material or equipment |
| 21 | | or performance of service when it is determined by the |
| 22 | | concurrence of two-thirds of the then Directors that an |
| 23 | | emergency requires immediate delivery or supply thereof; for |
| 24 | | goods or services that are economically procurable from only |
| 25 | | one source; for contracts for the maintenance or servicing of |
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| 1 | | equipment which are made with the manufacturers or authorized |
| 2 | | service agent of that equipment where the maintenance or |
| 3 | | servicing can best be performed by the manufacturer or |
| 4 | | authorized service agent or such a contract would be otherwise |
| 5 | | advantageous to the Authority or a Service Board, other than |
| 6 | | the Chicago Transit Authority, except that the exceptions in |
| 7 | | this clause shall not apply to contracts for plumbing, |
| 8 | | heating, piping, refrigeration and automatic temperature |
| 9 | | control systems, ventilating and distribution systems for |
| 10 | | conditioned air, and electrical wiring; for goods or services |
| 11 | | procured from another governmental agency; for purchases and |
| 12 | | contracts for the use or purchase of data processing equipment |
| 13 | | and data processing systems software; for the acquisition of |
| 14 | | professional or utility services; and for the acquisition of |
| 15 | | public transportation equipment including, but not limited to, |
| 16 | | rolling stock, locomotives and buses, provided that: (i) it is |
| 17 | | determined by a vote of 2/3 of the then Directors of the |
| 18 | | Service Board making the acquisition that a negotiated |
| 19 | | acquisition offers opportunities with respect to the cost or |
| 20 | | financing of the equipment, its delivery, or the performance |
| 21 | | of a portion of the work within the State or the use of goods |
| 22 | | produced or services provided within the State; (ii) a notice |
| 23 | | of intention to negotiate for the acquisition of such public |
| 24 | | transportation equipment is published in a newspaper of |
| 25 | | general circulation within the City of Chicago inviting |
| 26 | | proposals from qualified vendors; and (iii) any contract with |
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| 1 | | respect to such acquisition is authorized by a vote of 2/3 of |
| 2 | | the then Directors of the Service Board making the |
| 3 | | acquisition. The requirements set forth in this Section shall |
| 4 | | not apply to purchase of service agreements or other |
| 5 | | contracts, purchases or sales entered into by the Authority |
| 6 | | with any Transportation Agency transportation agency or unit |
| 7 | | of local government. |
| 8 | | (b) (1) In connection with two-phase design/build |
| 9 | | selection procedures authorized in this Section, a Service |
| 10 | | Board may authorize, by the affirmative vote of two-thirds of |
| 11 | | the then members of the Service Board, the use of competitive |
| 12 | | selection and the prequalification of responsible bidders |
| 13 | | consistent with applicable federal regulations and this |
| 14 | | subsection (b). |
| 15 | | (2) Two-phase design/build selection procedures shall |
| 16 | | consist of the following: |
| 17 | | (i) A Service Board shall develop, through |
| 18 | | licensed architects or licensed engineers, a scope of |
| 19 | | work statement for inclusion in the solicitation for |
| 20 | | phase-one proposals that defines the project and |
| 21 | | provides prospective offerors with sufficient |
| 22 | | information regarding the Service Board's |
| 23 | | requirements. The statement shall include criteria and |
| 24 | | preliminary design, and general budget parameters and |
| 25 | | general schedule or delivery requirements to enable |
| 26 | | the offerors to submit proposals which meet the |
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| 1 | | Service Board's needs. When the two-phase design/build |
| 2 | | selection procedure is used and the Service Board |
| 3 | | contracts for development of the scope of work |
| 4 | | statement, the Service Board shall contract for |
| 5 | | architectural or engineering services as defined by |
| 6 | | and in accordance with the Architectural, Engineering, |
| 7 | | and Land Surveying Qualifications Based Selection Act |
| 8 | | and all applicable licensing statutes. |
| 9 | | (ii) The evaluation factors to be used in |
| 10 | | evaluating phase-one proposals must be stated in the |
| 11 | | solicitation and must include specialized experience |
| 12 | | and technical competence, capability to perform, past |
| 13 | | performance of the offeror's team (including the |
| 14 | | architect-engineer and construction members of the |
| 15 | | team) and other appropriate technical and |
| 16 | | qualifications factors. Each solicitation must |
| 17 | | establish the relative importance assigned to the |
| 18 | | evaluation factors and the subfactors that must be |
| 19 | | considered in the evaluation of phase-one proposals on |
| 20 | | the basis of the evaluation factors set forth in the |
| 21 | | solicitation. Each design/build team must include a |
| 22 | | licensed design professional independent from the |
| 23 | | Service Board's licensed architect or engineer and a |
| 24 | | licensed design professional must be named in the |
| 25 | | phase-one proposals submitted to the Service Board. |
| 26 | | (iii) On the basis of the phase-one proposal the |
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| 1 | | Service Board shall select as the most highly |
| 2 | | qualified the number of offerors specified in the |
| 3 | | solicitation and request the selected offerors to |
| 4 | | submit phase-two competitive proposals and cost or |
| 5 | | price information. Each solicitation must establish |
| 6 | | the relative importance assigned to the evaluation |
| 7 | | factors and the subfactors that must be considered in |
| 8 | | the evaluation of phase-two proposals on the basis of |
| 9 | | the evaluation factors set forth in the solicitation. |
| 10 | | A Service Board may negotiate with the selected |
| 11 | | design/build team after award but prior to contract |
| 12 | | execution for the purpose of securing better terms |
| 13 | | than originally proposed, provided the salient |
| 14 | | features of the design/build solicitation are not |
| 15 | | diminished. Each phase-two solicitation evaluates |
| 16 | | separately (A) the technical submission for the |
| 17 | | proposal, including design concepts or proposed |
| 18 | | solutions to requirements addressed within the scope |
| 19 | | of work, and (B) the evaluation factors and |
| 20 | | subfactors, including cost or price, that must be |
| 21 | | considered in the evaluations of proposals. |
| 22 | | (iv) A design/build solicitation issued under the |
| 23 | | procedures in this subsection (b) shall state the |
| 24 | | maximum number of offerors that are to be selected to |
| 25 | | submit competitive phase-two proposals. The maximum |
| 26 | | number specified in the solicitation shall not exceed |
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| 1 | | 5 unless the Service Board with respect to an |
| 2 | | individual solicitation determines that a specified |
| 3 | | number greater than 5 is in the best interest of the |
| 4 | | Service Board and is consistent with the purposes and |
| 5 | | objectives of the two-phase design/build selection |
| 6 | | process. |
| 7 | | (v) All designs submitted as part of the two-phase |
| 8 | | selection process and not selected shall be |
| 9 | | proprietary to the preparers. |
| 10 | | (c) The Regional Transportation Authority and the Service |
| 11 | | Boards may donate rolling stock, including locomotives and |
| 12 | | equipment, to museums in this State that are not-for-profit |
| 13 | | corporations under Section 501(c)(3) of the Internal Revenue |
| 14 | | Code of 1986. |
| 15 | | (d) The Authority may engage in joint purchases under |
| 16 | | subsection (a) of Section 2 of the Governmental Joint |
| 17 | | Purchasing Act. The Authority may enter into master contracts |
| 18 | | for commonly procured items, including vehicles, equipment, |
| 19 | | supplies, and business services, that are used by the |
| 20 | | Authority or one or more of the Service Boards, in compliance |
| 21 | | with the terms of the Governmental Joint Purchasing Act. |
| 22 | | (Source: P.A. 103-654, eff. 1-1-25.)
|
| 23 | | (70 ILCS 3615/4.06.05 new) |
| 24 | | Sec. 4.06.05. Bidding restrictions. |
| 25 | | (a) As used in this Section: |
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| 1 | | "Covered transportation entity" includes the Authority and |
| 2 | | all subsidiaries and affiliates of the Authority. |
| 3 | | "Covered transportation contract" means a contract for the |
| 4 | | acquisition of public transportation rolling stock, |
| 5 | | locomotives, buses, paratransit vehicles, and any vehicle |
| 6 | | components incorporated into the end product of rolling stock |
| 7 | | with a base-buy value $10,000,000 or more. |
| 8 | | "Illinois Jobs Plan" means a document submitted by an |
| 9 | | applicant for a covered transportation contract or a |
| 10 | | contractor or participating subcontractor on working on a |
| 11 | | covered transportation contract that requires the applicant, |
| 12 | | contractor, or subcontractor to include in the applicant's |
| 13 | | application: |
| 14 | | (1) the minimum number of full-time equivalent jobs |
| 15 | | that shall be retained and created if the applicant is |
| 16 | | awarded the contract; |
| 17 | | (2) the minimum wage and benefit amounts, by job |
| 18 | | classification, for nonsupervisory workers on the |
| 19 | | contract; |
| 20 | | (3) the minimum number of jobs that shall be |
| 21 | | specifically retained and created for disadvantaged |
| 22 | | workers, as defined by Section 15-10 of the Community |
| 23 | | Energy, Climate, and Jobs Planning Act, if the applicant |
| 24 | | is awarded the contract; and |
| 25 | | (4) a detailed description and proposed amounts of |
| 26 | | training, by job classification. |
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| 1 | | (b) Notwithstanding any law requiring a government entity |
| 2 | | to award contracts to the lowest responsible bidder, beginning |
| 3 | | January 1, 2027, covered transportation entities shall: |
| 4 | | (1) award all covered transportation contracts using a |
| 5 | | competitive best-value procurement process; and |
| 6 | | (2) require bidders to submit an Illinois Jobs Plan |
| 7 | | for the bidder and any entity participating as part of the |
| 8 | | bidder's solicitation responses. |
| 9 | | (c) The Authority shall develop procedures, evaluation and |
| 10 | | scoring criteria, and all forms and guidance necessary for |
| 11 | | covered transportation entities to implement this Section. |
| 12 | | Solicitation documents shall disclose the minimum |
| 13 | | qualification requirements and specify the criteria that shall |
| 14 | | be assigned a weighted value. The evaluation process shall use |
| 15 | | a scoring method based on the factors provided in this |
| 16 | | Section, including the Illinois Jobs Plan, and the contract |
| 17 | | price. The Illinois Jobs Plan shall be scored as part of the |
| 18 | | overall proposal and incorporated as material terms of the |
| 19 | | final contract. |
| 20 | | (d) Contractors and participating subcontractors working |
| 21 | | on covered transportation contracts shall be required to |
| 22 | | submit annual Illinois Jobs Plan reports to the Authority and |
| 23 | | covered transportation entities demonstrating compliance with |
| 24 | | the contractor's or participating subcontractor's Illinois |
| 25 | | Jobs Plan commitments. The Authority shall make the Illinois |
| 26 | | Jobs Plan and annual compliance reports available to the |
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| 1 | | public. The Illinois Jobs Plan and annual compliance reports |
| 2 | | shall not be considered a trade secret under subsection (g) of |
| 3 | | Section 7 of the Freedom of Information Act or confidential, |
| 4 | | privileged, or otherwise exempt from disclosure under the |
| 5 | | Freedom of Information Act. |
| 6 | | (e) This Section shall not apply to a contract awarded |
| 7 | | based on a solicitation issued before January 1, 2027. |
| 8 | | (f) The provisions of this Section shall be severable, and |
| 9 | | if the application of any clause, sentence, paragraph, or part |
| 10 | | of this Section to any person or circumstance shall be |
| 11 | | adjudged by any court of competent jurisdiction to be invalid, |
| 12 | | then the judgment shall not necessarily affect, impair, or |
| 13 | | invalidate the application of any clause, sentence, paragraph, |
| 14 | | or part of this Section or remainder thereof, as the case may |
| 15 | | be, to any other person or circumstance, but shall be confined |
| 16 | | in its operation to the clause, sentence, paragraph, or part |
| 17 | | thereof directly involved in the controversy in which the |
| 18 | | judgment shall have been rendered.
|
| 19 | | (70 ILCS 3615/4.09) (from Ch. 111 2/3, par. 704.09) |
| 20 | | Sec. 4.09. Public Transportation Fund and the Northern |
| 21 | | Illinois Transit Authority Occupation and Use Tax Replacement |
| 22 | | Fund Regional Transportation Authority Occupation and Use Tax |
| 23 | | Replacement Fund. |
| 24 | | (a)(1) Except as otherwise provided in paragraph (4), as |
| 25 | | soon as possible after the first day of each month, beginning |
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| 1 | | July 1, 1984, upon certification of the Department of Revenue, |
| 2 | | the Comptroller shall order transferred and the Treasurer |
| 3 | | shall transfer from the General Revenue Fund to a special fund |
| 4 | | in the State treasury Treasury to be known as the Public |
| 5 | | Transportation Fund an amount equal to 25% of the net revenue, |
| 6 | | before the deduction of the serviceman and retailer discounts |
| 7 | | pursuant to Section 9 of the Service Occupation Tax Act and |
| 8 | | Section 3 of the Retailers' Occupation Tax Act, realized from |
| 9 | | any tax imposed by the Authority pursuant to Sections 4.03 and |
| 10 | | 4.03.1 and 25% of the amounts deposited into the Northern |
| 11 | | Illinois Transit Regional Transportation Authority tax fund |
| 12 | | created by Section 4.03 of this Act, from the County and Mass |
| 13 | | Transit District Fund as provided in Section 6z-20 of the |
| 14 | | State Finance Act and 25% of the amounts deposited into the |
| 15 | | Northern Illinois Transit Regional Transportation Authority |
| 16 | | Occupation and Use Tax Replacement Fund from the State and |
| 17 | | Local Sales Tax Reform Fund as provided in Section 6z-17 of the |
| 18 | | State Finance Act. |
| 19 | | On the first day of the month following the date that the |
| 20 | | Department receives revenues from increased taxes under |
| 21 | | Section 4.03(m) as authorized by Public Act 95-708 and until |
| 22 | | the first day of the month following the date that the |
| 23 | | Department receives revenues from increased taxes under |
| 24 | | Section 4.03(m) as authorized by this amendatory Act of the |
| 25 | | 104th General Assembly, in lieu of the transfers authorized in |
| 26 | | the preceding sentence, upon certification of the Department |
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| 1 | | of Revenue, the Comptroller shall order transferred and the |
| 2 | | Treasurer shall transfer from the General Revenue Fund to the |
| 3 | | Public Transportation Fund an amount equal to 25% of the net |
| 4 | | revenue, before the deduction of the serviceman and retailer |
| 5 | | discounts pursuant to Section 9 of the Service Occupation Tax |
| 6 | | Act and Section 3 of the Retailers' Occupation Tax Act, |
| 7 | | realized from (i) 80% of the proceeds of any tax imposed by the |
| 8 | | Authority at a rate of 1.25% in Cook County, (ii) 75% of the |
| 9 | | proceeds of any tax imposed by the Authority at the rate of 1% |
| 10 | | in Cook County, and (iii) one-third of the proceeds of any tax |
| 11 | | imposed by the Authority at the rate of 0.75% in the Counties |
| 12 | | of DuPage, Kane, Lake, McHenry, and Will, all pursuant to |
| 13 | | Section 4.03, and 25% of the net revenue realized from any tax |
| 14 | | imposed by the Authority pursuant to Section 4.03.1, and 25% |
| 15 | | of the amounts deposited into the Regional Transportation |
| 16 | | Authority tax fund created by Section 4.03 of this Act from the |
| 17 | | County and Mass Transit District Fund as provided in Section |
| 18 | | 6z-20 of the State Finance Act, and 25% of the amounts |
| 19 | | deposited into the Regional Transportation Authority |
| 20 | | Occupation and Use Tax Replacement Fund from the State and |
| 21 | | Local Sales Tax Reform Fund as provided in Section 6z-17 of the |
| 22 | | State Finance Act. |
| 23 | | 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 this amendatory Act of the |
| 26 | | 104th General Assembly, in lieu of the transfers authorized in |
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| 1 | | the preceding sentences, upon certification of the Department |
| 2 | | of Revenue, the Comptroller shall order transferred and the |
| 3 | | Treasurer shall transfer from the General Revenue Fund to the |
| 4 | | Public Transportation Fund an amount equal to 25% of the net |
| 5 | | revenue, before the deduction of the serviceman and retailer |
| 6 | | discounts pursuant to Section 9 of the Service Occupation Tax |
| 7 | | Act and Section 3 of the Retailers' Occupation Tax Act, |
| 8 | | realized from (i) two-thirds of the proceeds of any tax |
| 9 | | imposed by the Authority at a rate of 1.5% in Cook County, (ii) |
| 10 | | 60% of the proceeds of any tax imposed by the Authority at the |
| 11 | | rate of 1.25% in Cook County, and (iii) 25% of the proceeds of |
| 12 | | any tax imposed by the Authority at the rate of 1% in the |
| 13 | | Counties of DuPage, Kane, Lake, McHenry, and Will, all |
| 14 | | pursuant to Section 4.03, and 25% of the net revenue realized |
| 15 | | from any tax imposed by the Authority pursuant to Section |
| 16 | | 4.03.1, and 25% of the amounts deposited into the Northern |
| 17 | | Illinois Transit Authority tax fund created by Section 4.03 of |
| 18 | | this Act from the County and Mass Transit District Fund as |
| 19 | | provided in Section 6z-20 of the State Finance Act, and 25% of |
| 20 | | the amounts deposited into the Northern Illinois Transit |
| 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. |
| 24 | | As used in this Section, net revenue realized for a month |
| 25 | | shall be the revenue collected by the State pursuant to |
| 26 | | Sections 4.03 and 4.03.1 during the previous month from within |
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| 1 | | the metropolitan region, less the amount paid out during that |
| 2 | | same month as refunds to taxpayers for overpayment of |
| 3 | | liability in the metropolitan region under Sections 4.03 and |
| 4 | | 4.03.1. |
| 5 | | Notwithstanding any provision of law to the contrary, |
| 6 | | beginning on July 6, 2017 (the effective date of Public Act |
| 7 | | 100-23), those amounts required under this paragraph (1) of |
| 8 | | subsection (a) to be transferred by the Treasurer into the |
| 9 | | Public Transportation Fund from the General Revenue Fund shall |
| 10 | | be directly deposited into the Public Transportation Fund as |
| 11 | | the revenues are realized from the taxes indicated. |
| 12 | | (2) Except as otherwise provided in paragraph (4), on |
| 13 | | February 1, 2009 (the first day of the month following the |
| 14 | | effective date of Public Act 95-708) and each month |
| 15 | | thereafter, upon certification by the Department of Revenue, |
| 16 | | the Comptroller shall order transferred and the Treasurer |
| 17 | | shall transfer from the General Revenue Fund to the Public |
| 18 | | Transportation Fund an amount equal to 5% of the net revenue, |
| 19 | | before the deduction of the serviceman and retailer discounts |
| 20 | | pursuant to Section 9 of the Service Occupation Tax Act and |
| 21 | | Section 3 of the Retailers' Occupation Tax Act, realized from |
| 22 | | any tax imposed by the Authority pursuant to Sections 4.03 and |
| 23 | | 4.03.1 and certified by the Department of Revenue under |
| 24 | | Section 4.03(n) of this Act to be paid to the Authority and 5% |
| 25 | | of the amounts deposited into the Northern Illinois Transit |
| 26 | | Regional Transportation Authority tax fund created by Section |
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| 1 | | 4.03 of this Act from the County and Mass Transit District Fund |
| 2 | | as provided in Section 6z-20 of the State Finance Act, and 5% |
| 3 | | of the amounts deposited into the Northern Illinois Transit |
| 4 | | Regional Transportation Authority Occupation and Use Tax |
| 5 | | Replacement Fund from the State and Local Sales Tax Reform |
| 6 | | Fund as provided in Section 6z-17 of the State Finance Act, and |
| 7 | | 5% of the revenue realized by the Chicago Transit Authority as |
| 8 | | financial assistance from the City of Chicago from the |
| 9 | | proceeds of any tax imposed by the City of Chicago under |
| 10 | | Section 8-3-19 of the Illinois Municipal Code. |
| 11 | | Notwithstanding any provision of law to the contrary, |
| 12 | | beginning on July 6, 2017 (the effective date of Public Act |
| 13 | | 100-23), those amounts required under this paragraph (2) of |
| 14 | | subsection (a) to be transferred by the Treasurer into the |
| 15 | | Public Transportation Fund from the General Revenue Fund shall |
| 16 | | be directly deposited into the Public Transportation Fund as |
| 17 | | the revenues are realized from the taxes indicated. |
| 18 | | (3) Except as otherwise provided in paragraph (4), as soon |
| 19 | | as possible after the first day of January, 2009 and each month |
| 20 | | thereafter and until the first day of the month following the |
| 21 | | date that the Department receives revenues from increased |
| 22 | | taxes under Section 4.03(m) as authorized by this amendatory |
| 23 | | Act of the 104th General Assembly, upon certification of the |
| 24 | | Department of Revenue with respect to the taxes collected |
| 25 | | under Section 4.03, the Comptroller shall order transferred |
| 26 | | and the Treasurer shall transfer from the General Revenue Fund |
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| 1 | | to the Public Transportation Fund an amount equal to 25% of the |
| 2 | | net revenue, before the deduction of the serviceman and |
| 3 | | retailer discounts pursuant to Section 9 of the Service |
| 4 | | Occupation Tax Act and Section 3 of the Retailers' Occupation |
| 5 | | Tax Act, realized from (i) 20% of the proceeds of any tax |
| 6 | | imposed by the Authority at a rate of 1.25% in Cook County, |
| 7 | | (ii) 25% of the proceeds of any tax imposed by the Authority at |
| 8 | | the rate of 1% in Cook County, and (iii) one-third of the |
| 9 | | proceeds of any tax imposed by the Authority at the rate of |
| 10 | | 0.75% in the Counties of DuPage, Kane, Lake, McHenry, and |
| 11 | | Will, all pursuant to Section 4.03, and the Comptroller shall |
| 12 | | order transferred and the Treasurer shall transfer from the |
| 13 | | General Revenue Fund to the Public Transportation Fund (iv) an |
| 14 | | amount equal to 25% of the revenue realized by the Chicago |
| 15 | | Transit Authority as financial assistance from the City of |
| 16 | | Chicago from the proceeds of any tax imposed by the City of |
| 17 | | Chicago under Section 8-3-19 of the Illinois Municipal Code. |
| 18 | | On the first day of the month following the date that the |
| 19 | | Department receives revenues from increased taxes under |
| 20 | | Section 4.03(m) as authorized by this amendatory Act of the |
| 21 | | 104th General Assembly, upon certification of the Department |
| 22 | | of Revenue with respect to the taxes collected under Section |
| 23 | | 4.03, the Comptroller shall order transferred and the |
| 24 | | Treasurer shall transfer from the General Revenue Fund to the |
| 25 | | Public Transportation Fund an amount equal to 25% of the net |
| 26 | | revenue, before the deduction of the serviceman and retailer |
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| 1 | | discounts pursuant to Section 9 of the Service Occupation Tax |
| 2 | | Act and Section 3 of the Retailers' Occupation Tax Act, |
| 3 | | realized from (i) one-sixth of the proceeds of any tax imposed |
| 4 | | by the Authority at a rate of 1.5% in Cook County, (ii) 20% of |
| 5 | | the proceeds of any tax imposed by the Authority at the rate of |
| 6 | | 1.25% in Cook County, and (iii) 25% of the proceeds of any tax |
| 7 | | imposed by the Authority at the rate of 1% in the Counties of |
| 8 | | DuPage, Kane, Lake, McHenry, and Will, all pursuant to Section |
| 9 | | 4.03, and the Comptroller shall order transferred and the |
| 10 | | Treasurer shall transfer from the General Revenue Fund to the |
| 11 | | Public Transportation Fund (iv) an amount equal to 25% of the |
| 12 | | revenue realized by the Chicago Transit Authority as financial |
| 13 | | assistance from the City of Chicago from the proceeds of any |
| 14 | | tax imposed by the City of Chicago under Section 8-3-19 of the |
| 15 | | Illinois Municipal Code. |
| 16 | | Notwithstanding any provision of law to the contrary, |
| 17 | | beginning on July 6, 2017 (the effective date of Public Act |
| 18 | | 100-23), those amounts required under this paragraph (3) of |
| 19 | | subsection (a) to be transferred by the Treasurer into the |
| 20 | | Public Transportation Fund from the General Revenue Fund shall |
| 21 | | be directly deposited into the Public Transportation Fund as |
| 22 | | the revenues are realized from the taxes indicated. |
| 23 | | (4) Notwithstanding any provision of law to the contrary, |
| 24 | | for the State fiscal year beginning July 1, 2024 and each State |
| 25 | | fiscal year thereafter, the first $150,000,000 that would have |
| 26 | | otherwise been transferred from the General Revenue Fund and |
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| 1 | | deposited into the Public Transportation Fund as provided in |
| 2 | | paragraphs (1), (2), and (3) of this subsection (a) shall |
| 3 | | instead be transferred from the Road Fund by the Treasurer |
| 4 | | upon certification by the Department of Revenue and order of |
| 5 | | the Comptroller. For the State fiscal year beginning July 1, |
| 6 | | 2024, only, the next $75,000,000 that would have otherwise |
| 7 | | been transferred from the General Revenue Fund and deposited |
| 8 | | into the Public Transportation Fund as provided in paragraphs |
| 9 | | (1), (2), and (3) of this subsection (a) shall instead be |
| 10 | | transferred from the Road Fund and deposited into the Public |
| 11 | | Transportation Fund by the Treasurer upon certification by the |
| 12 | | Department of Revenue and order of the Comptroller. The funds |
| 13 | | authorized and transferred pursuant to this amendatory Act of |
| 14 | | the 103rd General Assembly are not intended or planned for |
| 15 | | road construction projects. For the State fiscal year |
| 16 | | beginning July 1, 2024, only, the next $50,000,000 that would |
| 17 | | have otherwise been transferred from the General Revenue Fund |
| 18 | | and deposited into the Public Transportation Fund as provided |
| 19 | | in paragraphs (1), (2), and (3) of this subsection (a) shall |
| 20 | | instead be transferred from the Underground Storage Tank Fund |
| 21 | | and deposited into the Public Transportation Fund by the |
| 22 | | Treasurer upon certification by the Department of Revenue and |
| 23 | | order of the Comptroller. The remaining balance shall be |
| 24 | | deposited each State fiscal year as otherwise provided in |
| 25 | | paragraphs (1), (2), and (3) of this subsection (a). |
| 26 | | (5) (Blank). |
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| 1 | | (6) (Blank). |
| 2 | | (7) For State fiscal year 2020 only, notwithstanding any |
| 3 | | provision of law to the contrary, the total amount of revenue |
| 4 | | and deposits under this Section attributable to revenues |
| 5 | | realized during State fiscal year 2020 shall be reduced by 5%. |
| 6 | | (8) For State fiscal year 2021 only, notwithstanding any |
| 7 | | provision of law to the contrary, the total amount of revenue |
| 8 | | and deposits under this Section attributable to revenues |
| 9 | | realized during State fiscal year 2021 shall be reduced by 5%. |
| 10 | | (b)(1) All moneys deposited in the Public Transportation |
| 11 | | Fund and the Northern Illinois Transit Regional Transportation |
| 12 | | Authority Occupation and Use Tax Replacement Fund, whether |
| 13 | | deposited pursuant to this Section or otherwise, are allocated |
| 14 | | to the Authority, except for amounts appropriated to the |
| 15 | | Office of the Executive Inspector General as authorized by |
| 16 | | subsection (h) of Section 4.03.3 and amounts transferred to |
| 17 | | the Audit Expense Fund pursuant to Section 6z-27 of the State |
| 18 | | Finance Act. The Comptroller, as soon as possible after each |
| 19 | | monthly transfer provided in this Section and after each |
| 20 | | deposit into the Public Transportation Fund, shall order the |
| 21 | | Treasurer to pay to the Authority out of the Public |
| 22 | | Transportation Fund the amount so transferred or deposited. |
| 23 | | Any Additional State Assistance and Additional Financial |
| 24 | | Assistance paid to the Authority under this Section shall be |
| 25 | | expended by the Authority for its purposes as provided in this |
| 26 | | Act. The balance of the amounts paid to the Authority from the |
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| 1 | | Public Transportation Fund shall be expended by the Authority |
| 2 | | as provided in Section 4.03.3. The Comptroller, as soon as |
| 3 | | possible after each deposit into the Northern Illinois Transit |
| 4 | | Regional Transportation Authority Occupation and Use Tax |
| 5 | | Replacement Fund provided in this Section, in and Section |
| 6 | | 6z-17 of the State Finance Act, and in the Extremely High |
| 7 | | Wealth Market-to-Market Tax Act, shall order the Treasurer to |
| 8 | | pay to the Authority out of the Northern Illinois Transit |
| 9 | | Regional Transportation Authority Occupation and Use Tax |
| 10 | | Replacement Fund the amount so deposited. Such amounts paid to |
| 11 | | the Authority may be expended by it for its purposes as |
| 12 | | provided in this Act. The provisions directing the |
| 13 | | distributions from the Public Transportation Fund and the |
| 14 | | Northern Illinois Transit Regional Transportation Authority |
| 15 | | Occupation and Use Tax Replacement Fund provided for in this |
| 16 | | Section shall constitute an irrevocable and continuing |
| 17 | | appropriation of all amounts as provided herein. The State |
| 18 | | Treasurer and State Comptroller are hereby authorized and |
| 19 | | directed to make distributions as provided in this Section. |
| 20 | | (2) Provided, however, no moneys deposited under subsection |
| 21 | | (a) of this Section shall be paid from the Public |
| 22 | | Transportation Fund to the Authority or its assignee for any |
| 23 | | fiscal year until the Authority has certified to the Governor, |
| 24 | | the Comptroller, and the Mayor of the City of Chicago that it |
| 25 | | has adopted for that fiscal year an Annual Budget and 2-Year |
| 26 | | Two-Year Financial Plan meeting the requirements in Section |
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| 1 | | 4.01(b). |
| 2 | | (c) In recognition of the efforts of the Authority to |
| 3 | | enhance the mass transportation facilities under its control, |
| 4 | | the State shall provide financial assistance ("Additional |
| 5 | | State Assistance") in excess of the amounts transferred to the |
| 6 | | Authority from the General Revenue Fund under subsection (a) |
| 7 | | of this Section. Additional State Assistance shall be |
| 8 | | calculated as provided in subsection (d), but shall in no |
| 9 | | event exceed the following specified amounts with respect to |
| 10 | | the following State fiscal years: |
|
| 11 | | 1990 | $5,000,000; | |
| 12 | | 1991 | $5,000,000; | |
| 13 | | 1992 | $10,000,000; | |
| 14 | | 1993 | $10,000,000; | |
| 15 | | 1994 | $20,000,000; | |
| 16 | | 1995 | $30,000,000; | |
| 17 | | 1996 | $40,000,000; | |
| 18 | | 1997 | $50,000,000; | |
| 19 | | 1998 | $55,000,000; and | |
| 20 | | each year thereafter | $55,000,000. |
|
| 21 | | (c-5) The State shall provide financial assistance |
| 22 | | ("Additional Financial Assistance") in addition to the |
| 23 | | Additional State Assistance provided by subsection (c) and the |
| 24 | | amounts transferred to the Authority from the General Revenue |
| 25 | | Fund under subsection (a) of this Section. Additional |
| 26 | | Financial Assistance provided by this subsection shall be |
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| 1 | | calculated as provided in subsection (d), but shall in no |
| 2 | | event exceed the following specified amounts with respect to |
| 3 | | the following State fiscal years: |
|
| 4 | | 2000 | $0; | |
| 5 | | 2001 | $16,000,000; | |
| 6 | | 2002 | $35,000,000; | |
| 7 | | 2003 | $54,000,000; | |
| 8 | | 2004 | $73,000,000; | |
| 9 | | 2005 | $93,000,000; and | |
| 10 | | each year thereafter | $100,000,000. |
|
| 11 | | (d) Beginning with State fiscal year 1990 and continuing |
| 12 | | for each State fiscal year thereafter, the Authority shall |
| 13 | | annually certify to the State Comptroller and State Treasurer, |
| 14 | | separately with respect to each of subdivisions (g)(2) and |
| 15 | | (g)(3) of Section 4.04 of this Act, the following amounts: |
| 16 | | (1) The amount necessary and required, during the |
| 17 | | State fiscal year with respect to which the certification |
| 18 | | is made, to pay its obligations for debt service on all |
| 19 | | outstanding bonds or notes issued by the Authority under |
| 20 | | subdivisions (g)(2) and (g)(3) of Section 4.04 of this |
| 21 | | Act. |
| 22 | | (2) An estimate of the amount necessary and required |
| 23 | | to pay its obligations for debt service for any bonds or |
| 24 | | notes which the Authority anticipates it will issue under |
| 25 | | subdivisions (g)(2) and (g)(3) of Section 4.04 during that |
| 26 | | State fiscal year. |
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| 1 | | (3) Its debt service savings during the preceding |
| 2 | | State fiscal year from refunding or advance refunding of |
| 3 | | bonds or notes issued under subdivisions (g)(2) and (g)(3) |
| 4 | | of Section 4.04. |
| 5 | | (4) The amount of interest, if any, earned by the |
| 6 | | Authority during the previous State fiscal year on the |
| 7 | | proceeds of bonds or notes issued pursuant to subdivisions |
| 8 | | (g)(2) and (g)(3) of Section 4.04, other than refunding or |
| 9 | | advance refunding bonds or notes. |
| 10 | | The certification shall include a specific schedule of |
| 11 | | debt service payments, including the date and amount of each |
| 12 | | payment for all outstanding bonds or notes and an estimated |
| 13 | | schedule of anticipated debt service for all bonds and notes |
| 14 | | it intends to issue, if any, during that State fiscal year, |
| 15 | | including the estimated date and estimated amount of each |
| 16 | | payment. |
| 17 | | Immediately upon the issuance of bonds for which an |
| 18 | | estimated schedule of debt service payments was prepared, the |
| 19 | | Authority shall file an amended certification with respect to |
| 20 | | item (2) above, to specify the actual schedule of debt service |
| 21 | | payments, including the date and amount of each payment, for |
| 22 | | the remainder of the State fiscal year. |
| 23 | | On the first day of each month of the State fiscal year in |
| 24 | | which there are bonds outstanding with respect to which the |
| 25 | | certification is made, the State Comptroller shall order |
| 26 | | transferred and the State Treasurer shall transfer from the |
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| 1 | | Road Fund to the Public Transportation Fund the Additional |
| 2 | | State Assistance and Additional Financial Assistance in an |
| 3 | | amount equal to the aggregate of (i) one-twelfth of the sum of |
| 4 | | the amounts certified under items (1) and (3) above less the |
| 5 | | amount certified under item (4) above, plus (ii) the amount |
| 6 | | required to pay debt service on bonds and notes issued during |
| 7 | | the fiscal year, if any, divided by the number of months |
| 8 | | remaining in the fiscal year after the date of issuance, or |
| 9 | | some smaller portion as may be necessary under subsection (c) |
| 10 | | or (c-5) of this Section for the relevant State fiscal year, |
| 11 | | plus (iii) any cumulative deficiencies in transfers for prior |
| 12 | | months, until an amount equal to the sum of the amounts |
| 13 | | certified under items (1) and (3) above, plus the actual debt |
| 14 | | service certified under item (2) above, less the amount |
| 15 | | certified under item (4) above, has been transferred; except |
| 16 | | that these transfers are subject to the following limits: |
| 17 | | (A) In no event shall the total transfers in any State |
| 18 | | fiscal year relating to outstanding bonds and notes issued |
| 19 | | by the Authority under subdivision (g)(2) of Section 4.04 |
| 20 | | exceed the lesser of the annual maximum amount specified |
| 21 | | in subsection (c) or the sum of the amounts certified |
| 22 | | under items (1) and (3) above, plus the actual debt |
| 23 | | service certified under item (2) above, less the amount |
| 24 | | certified under item (4) above, with respect to those |
| 25 | | bonds and notes. |
| 26 | | (B) In no event shall the total transfers in any State |
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| 1 | | fiscal year relating to outstanding bonds and notes issued |
| 2 | | by the Authority under subdivision (g)(3) of Section 4.04 |
| 3 | | exceed the lesser of the annual maximum amount specified |
| 4 | | in subsection (c-5) or the sum of the amounts certified |
| 5 | | under items (1) and (3) above, plus the actual debt |
| 6 | | service certified under item (2) above, less the amount |
| 7 | | certified under item (4) above, with respect to those |
| 8 | | bonds and notes. |
| 9 | | The term "outstanding" does not include bonds or notes for |
| 10 | | which refunding or advance refunding bonds or notes have been |
| 11 | | issued. |
| 12 | | (e) Neither Additional State Assistance nor Additional |
| 13 | | Financial Assistance may be pledged, either directly or |
| 14 | | indirectly as general revenues of the Authority, as security |
| 15 | | for any bonds issued by the Authority. The Authority may not |
| 16 | | assign its right to receive Additional State Assistance or |
| 17 | | Additional Financial Assistance, or direct payment of |
| 18 | | Additional State Assistance or Additional Financial |
| 19 | | Assistance, to a trustee or any other entity for the payment of |
| 20 | | debt service on its bonds. |
| 21 | | (f) The certification required under subsection (d) with |
| 22 | | respect to outstanding bonds and notes of the Authority shall |
| 23 | | be filed as early as practicable before the beginning of the |
| 24 | | State fiscal year to which it relates. The certification shall |
| 25 | | be revised as may be necessary to accurately state the debt |
| 26 | | service requirements of the Authority. |
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| 1 | | (g) (Blank). Within 6 months of the end of each fiscal |
| 2 | | year, the Authority shall determine: |
| 3 | | (i) whether the aggregate of all system generated |
| 4 | | revenues for public transportation in the metropolitan |
| 5 | | region which is provided by, or under grant or purchase of |
| 6 | | service contracts with, the Service Boards equals 50% of |
| 7 | | the aggregate of all costs of providing such public |
| 8 | | transportation. "System generated revenues" include all |
| 9 | | the proceeds of fares and charges for services provided, |
| 10 | | contributions received in connection with public |
| 11 | | transportation from units of local government other than |
| 12 | | the Authority, except for contributions received by the |
| 13 | | Chicago Transit Authority from a real estate transfer tax |
| 14 | | imposed under subsection (i) of Section 8-3-19 of the |
| 15 | | Illinois Municipal Code, and from the State pursuant to |
| 16 | | subsection (i) of Section 2705-305 of the Department of |
| 17 | | Transportation Law, and all other revenues properly |
| 18 | | included consistent with generally accepted accounting |
| 19 | | principles but may not include: the proceeds from any |
| 20 | | borrowing, and, beginning with the 2007 fiscal year, all |
| 21 | | revenues and receipts, including but not limited to fares |
| 22 | | and grants received from the federal, State or any unit of |
| 23 | | local government or other entity, derived from providing |
| 24 | | ADA paratransit service pursuant to Section 2.30 of the |
| 25 | | Regional Transportation Authority Act. "Costs" include all |
| 26 | | items properly included as operating costs consistent with |
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| 1 | | generally accepted accounting principles, including |
| 2 | | administrative costs, but do not include: depreciation; |
| 3 | | payment of principal and interest on bonds, notes or other |
| 4 | | evidences of obligations for borrowed money of the |
| 5 | | Authority; payments with respect to public transportation |
| 6 | | facilities made pursuant to subsection (b) of Section |
| 7 | | 2.20; any payments with respect to rate protection |
| 8 | | contracts, credit enhancements or liquidity agreements |
| 9 | | made under Section 4.14; any other cost as to which it is |
| 10 | | reasonably expected that a cash expenditure will not be |
| 11 | | made; costs for passenger security including grants, |
| 12 | | contracts, personnel, equipment and administrative |
| 13 | | expenses, except in the case of the Chicago Transit |
| 14 | | Authority, in which case the term does not include costs |
| 15 | | spent annually by that entity for protection against crime |
| 16 | | as required by Section 27a of the Metropolitan Transit |
| 17 | | Authority Act; the costs of Debt Service paid by the |
| 18 | | Chicago Transit Authority, as defined in Section 12c of |
| 19 | | the Metropolitan Transit Authority Act, or bonds or notes |
| 20 | | issued pursuant to that Section; the payment by the |
| 21 | | Commuter Rail Division of debt service on bonds issued |
| 22 | | pursuant to Section 3B.09; expenses incurred by the |
| 23 | | Suburban Bus Division for the cost of new public |
| 24 | | transportation services funded from grants pursuant to |
| 25 | | Section 2.01e of this Act for a period of 2 years from the |
| 26 | | date of initiation of each such service; costs as exempted |
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| 1 | | by the Board for projects pursuant to Section 2.09 of this |
| 2 | | Act; or, beginning with the 2007 fiscal year, expenses |
| 3 | | related to providing ADA paratransit service pursuant to |
| 4 | | Section 2.30 of the Regional Transportation Authority Act; |
| 5 | | or in fiscal years 2008 through 2012 inclusive, costs in |
| 6 | | the amount of $200,000,000 in fiscal year 2008, reducing |
| 7 | | by $40,000,000 in each fiscal year thereafter until this |
| 8 | | exemption is eliminated. If said system generated revenues |
| 9 | | are less than 50% of said costs, the Board shall remit an |
| 10 | | amount equal to the amount of the deficit to the State; |
| 11 | | however, due to the fiscal impacts from the COVID-19 |
| 12 | | pandemic, for fiscal years 2021, 2022, 2023, 2024, and |
| 13 | | 2025, no such payment shall be required. The Treasurer |
| 14 | | shall deposit any such payment in the Road Fund; and |
| 15 | | (ii) whether, beginning with the 2007 fiscal year, the |
| 16 | | aggregate of all fares charged and received for ADA |
| 17 | | paratransit services equals the system generated ADA |
| 18 | | paratransit services revenue recovery ratio percentage of |
| 19 | | the aggregate of all costs of providing such ADA |
| 20 | | paratransit services. |
| 21 | | (h) (Blank). If the Authority makes any payment to the |
| 22 | | State under paragraph (g), the Authority shall reduce the |
| 23 | | amount provided to a Service Board from funds transferred |
| 24 | | under paragraph (a) in proportion to the amount by which that |
| 25 | | Service Board failed to meet its required system generated |
| 26 | | revenues recovery ratio. A Service Board which is affected by |
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| 1 | | a reduction in funds under this paragraph shall submit to the |
| 2 | | Authority concurrently with its next due quarterly report a |
| 3 | | revised budget incorporating the reduction in funds. The |
| 4 | | revised budget must meet the criteria specified in clauses (i) |
| 5 | | through (vi) of Section 4.11(b)(2). The Board shall review and |
| 6 | | act on the revised budget as provided in Section 4.11(b)(3). |
| 7 | | (Source: P.A. 102-678, eff. 12-10-21; 103-281, eff. 1-1-24; |
| 8 | | 103-588, eff. 6-5-24.)
|
| 9 | | (70 ILCS 3615/4.11) (from Ch. 111 2/3, par. 704.11) |
| 10 | | Sec. 4.11. Budget Review Powers. |
| 11 | | (a) Until January 1, 2027, based Based upon estimates |
| 12 | | which shall be given to the Authority by the Director of the |
| 13 | | Governor's Office of Management and Budget (formerly Bureau of |
| 14 | | the Budget) of the receipts to be received by the Authority |
| 15 | | from the taxes imposed by the Authority and the authorized |
| 16 | | estimates of amounts to be available from State and other |
| 17 | | sources to the Service Boards, and the times at which such |
| 18 | | receipts and amounts will be available, the Board shall, not |
| 19 | | later than the next preceding September 15th prior to the |
| 20 | | beginning of the Authority's next fiscal year, advise each |
| 21 | | Service Board of the amounts estimated by the Board to be |
| 22 | | available for such Service Board during such fiscal year and |
| 23 | | the two following fiscal years and the times at which such |
| 24 | | amounts will be available. The Board shall, at the same time, |
| 25 | | also advise each Service Board of its required system |
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| 1 | | generated revenues recovery ratio for the next fiscal year |
| 2 | | which shall be the percentage of the aggregate costs of |
| 3 | | providing public transportation by or under jurisdiction of |
| 4 | | that Service Board which must be recovered from system |
| 5 | | generated revenues. The Board shall, at the same time, |
| 6 | | consider the written determination of the Executive Director, |
| 7 | | made pursuant to Section 2.01d, of the costs of ADA |
| 8 | | paratransit services that are required to be provided under |
| 9 | | the federal Americans with Disabilities Act of 1990 and its |
| 10 | | implementing regulations, and shall amend the current year |
| 11 | | budgets of the Authority and the Service Boards to provide for |
| 12 | | additional funding for the provision of ADA paratransit |
| 13 | | services, if needed. The Board shall, at the same time, |
| 14 | | beginning with the 2007 fiscal year, also advise each Service |
| 15 | | Board that provides ADA paratransit services of its required |
| 16 | | system generated ADA paratransit services revenue recovery |
| 17 | | ratio for the next fiscal year which shall be the percentage of |
| 18 | | the aggregate costs of providing ADA paratransit services by |
| 19 | | or under jurisdiction of that Service Board which must be |
| 20 | | recovered from fares charged for such services, except that |
| 21 | | such required system generated ADA paratransit services |
| 22 | | revenue recovery ratio shall not exceed the minimum percentage |
| 23 | | established pursuant to Section 4.01(b)(ii) of this Act. In |
| 24 | | determining a Service Board's system generated revenue |
| 25 | | recovery ratio, the Board shall consider the historical system |
| 26 | | generated revenues recovery ratio for the services subject to |
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| 1 | | the jurisdiction of that Service Board. The Board shall not |
| 2 | | increase a Service Board's system generated revenues recovery |
| 3 | | ratio for the next fiscal year over such ratio for the current |
| 4 | | fiscal year disproportionately or prejudicially to increases |
| 5 | | in such ratios for other Service Boards. The Board may, by |
| 6 | | ordinance, provide that (i) the cost of research and |
| 7 | | development projects in the fiscal year beginning January 1, |
| 8 | | 1986 and ending December 31, 1986 conducted pursuant to |
| 9 | | Section 2.09 of this Act, (ii) the costs for passenger |
| 10 | | security, and (iii) expenditures of amounts granted to a |
| 11 | | Service Board from the Innovation, Coordination, and |
| 12 | | Enhancement Fund for operating purposes may be exempted from |
| 13 | | the farebox recovery ratio or the system generated revenues |
| 14 | | recovery ratio of the Chicago Transit Authority, the Suburban |
| 15 | | Bus Board, and the Commuter Rail Board, or any of them. During |
| 16 | | fiscal years 2008 through 2012, the Board may also allocate |
| 17 | | the exemption of $200,000,000 and the reducing amounts of |
| 18 | | costs provided by this amendatory Act of the 95th General |
| 19 | | Assembly from the farebox recovery ratio or system generated |
| 20 | | revenues recovery ratio of each Service Board. |
| 21 | | (b) (1) Not later than the next preceding November 15 |
| 22 | | prior to the commencement of such fiscal year, each Service |
| 23 | | Board shall submit to the Authority its proposed budget for |
| 24 | | such fiscal year and its proposed financial plan for the two |
| 25 | | following fiscal years. Such budget and financial plan shall |
| 26 | | (i) be prepared in the format, follow the financial and |
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| 1 | | budgetary practices, and be based on any assumptions and |
| 2 | | projections required by the Authority and (ii) not project or |
| 3 | | assume a receipt of revenues from the Authority in amounts |
| 4 | | greater than those set forth in the estimates provided by the |
| 5 | | Authority pursuant to subsection (a) of this Section. |
| 6 | | (2) The Board shall review the proposed budget and |
| 7 | | two-year financial plan submitted by each Service Board. The |
| 8 | | Board shall approve the budget and two-year financial plan of |
| 9 | | a Service Board if: |
| 10 | | (i) such budget and plan show a balance between (A) |
| 11 | | anticipated revenues from all sources including operating |
| 12 | | subsidies and (B) the costs of providing the services |
| 13 | | specified and of funding any operating deficits or |
| 14 | | encumbrances incurred in prior periods, including |
| 15 | | provision for payment when due of principal and interest |
| 16 | | on outstanding indebtedness; |
| 17 | | (ii) such budget and plan show cash balances including |
| 18 | | the proceeds of any anticipated cash flow borrowing |
| 19 | | sufficient to pay with reasonable promptness all costs and |
| 20 | | expenses as incurred; |
| 21 | | (iii) such budget and plan provide for a level of |
| 22 | | fares or charges and operating or administrative costs for |
| 23 | | the public transportation provided by or subject to the |
| 24 | | jurisdiction of such Service Board sufficient to allow the |
| 25 | | Service Board to meet its required system generated |
| 26 | | revenue recovery ratio and, beginning with the 2007 fiscal |
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| 1 | | year, system generated ADA paratransit services revenue |
| 2 | | recovery ratio; |
| 3 | | (iv) such budget and plan are based upon and employ |
| 4 | | assumptions and projections which are reasonable and |
| 5 | | prudent; |
| 6 | | (v) such budget and plan have been prepared in |
| 7 | | accordance with sound financial practices as determined by |
| 8 | | the Board; |
| 9 | | (vi) such budget and plan meet such other financial, |
| 10 | | budgetary, or fiscal requirements that the Board may by |
| 11 | | rule or regulation establish; and |
| 12 | | (vii) such budget and plan are consistent with the |
| 13 | | goals and objectives adopted by the Authority in the |
| 14 | | Strategic Plan. |
| 15 | | (3) (Blank). |
| 16 | | (4) Unless the Board by a supermajority an affirmative |
| 17 | | vote of 12 of the then Directors determines that the budget and |
| 18 | | financial plan of a Service Board meets the criteria specified |
| 19 | | in clauses (i) through (vii) of subparagraph (2) of this |
| 20 | | paragraph (b), the Board shall withhold from that Service |
| 21 | | Board 25% of the cash proceeds of taxes imposed by the |
| 22 | | Authority under Section 4.03 and Section 4.03.1 and received |
| 23 | | after February 1 and 25% of the amounts transferred to the |
| 24 | | Authority from the Public Transportation Fund under Section |
| 25 | | 4.09(a) (but not including Section 4.09(a)(3)(iv)) after |
| 26 | | February 1 that the Board has estimated to be available to that |
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| 1 | | Service Board under Section 4.11(a). Such funding shall be |
| 2 | | released to the Service Board only upon approval of a budget |
| 3 | | and financial plan under this Section or adoption of a budget |
| 4 | | and financial plan on behalf of the Service Board by the |
| 5 | | Authority. |
| 6 | | (5) If the Board has not found that the budget and |
| 7 | | financial plan of a Service Board meets the criteria specified |
| 8 | | in clauses (i) through (vii) of subparagraph (2) of this |
| 9 | | paragraph (b), the Board, by a supermajority the affirmative |
| 10 | | vote of at least 12 of its then Directors, shall adopt a budget |
| 11 | | and financial plan meeting such criteria for that Service |
| 12 | | Board. |
| 13 | | (c)(1) If the Board shall at any time have received a |
| 14 | | revised estimate, or revises any estimate the Board has made, |
| 15 | | pursuant to this Section 4.01 of the receipts to be collected |
| 16 | | by the Authority which, in the judgment of the Board, requires |
| 17 | | a change in the estimates on which the budget of any Service |
| 18 | | Board is based, the Board shall advise the affected Service |
| 19 | | Board of such revised estimates, and such Service Board shall, |
| 20 | | within 30 days after receipt of such advice, submit |
| 21 | | recommendations for a revised budget incorporating such |
| 22 | | revised estimates. If the revised estimates require, in the |
| 23 | | judgment of the Board, that the system generated revenues |
| 24 | | recovery ratio of one or more Service Boards be revised in |
| 25 | | order to allow the Authority to meet its required ratio, the |
| 26 | | Board shall advise any such Service Board of its revised ratio |
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| 1 | | and such Service Board shall within 30 days after receipt of |
| 2 | | such advice submit a revised budget incorporating such revised |
| 3 | | estimates or ratio. |
| 4 | | (2) Each Service Board shall, within such period after the |
| 5 | | end of each fiscal quarter as shall be specified by the Board, |
| 6 | | report to the Authority its financial condition and results of |
| 7 | | operations and the financial condition and results of |
| 8 | | operations of the public transportation services subject to |
| 9 | | its jurisdiction, as at the end of and for such quarter. If in |
| 10 | | the judgment of the Board such condition and results are not |
| 11 | | substantially in accordance with such Service Board's budget |
| 12 | | for such period, the Board shall so advise such Service Board |
| 13 | | and such Service Board shall within the period specified by |
| 14 | | the Board submit a revised budget incorporating such results. |
| 15 | | (3) If the Board shall determine that a revised budget |
| 16 | | submitted by a Service Board pursuant to subparagraph (1) or |
| 17 | | (2) of this paragraph (c) does not meet the criteria specified |
| 18 | | in clauses (i) through (vii) of subparagraph (2) of paragraph |
| 19 | | (b) of this Section, the Board shall withhold from that |
| 20 | | Service Board 25% of the cash proceeds of taxes imposed by the |
| 21 | | Authority under Section 4.03 or 4.03.1 and received by the |
| 22 | | Authority after February 1 and 25% of the amounts transferred |
| 23 | | to the Authority from the Public Transportation Fund under |
| 24 | | Section 4.09(a) (but not including Section 4.09(a)(3)(iv)) |
| 25 | | after February 1 that the Board has estimated to be available |
| 26 | | to that Service Board under Section 4.11(a). If the Service |
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| 1 | | Board submits a revised financial plan and budget which plan |
| 2 | | and budget shows that the criteria will be met within a four |
| 3 | | quarter period, the Board shall release any such withheld |
| 4 | | funds to the Service Board. The Board by a supermajority the |
| 5 | | affirmative vote of at least 12 of its then Directors may |
| 6 | | require a Service Board to submit a revised financial plan and |
| 7 | | budget which shows that the criteria will be met in a time |
| 8 | | period less than four quarters. |
| 9 | | (d) All budgets and financial plans, financial statements, |
| 10 | | audits, and other information presented to the Authority |
| 11 | | pursuant to this Section or which may be required by the Board |
| 12 | | to permit it to monitor compliance with the provisions of this |
| 13 | | Section shall be prepared and presented in such manner and |
| 14 | | frequency and in such detail as shall have been prescribed by |
| 15 | | the Board, shall be prepared on both an accrual and cash flow |
| 16 | | basis as specified by the Board, shall present such |
| 17 | | information as the Authority shall prescribe that fairly |
| 18 | | presents the condition of any pension plan or trust for health |
| 19 | | care benefits with respect to retirees established by the |
| 20 | | Service Board and describes the plans of the Service Board to |
| 21 | | meet the requirements of Sections 4.02a and 4.02b, and shall |
| 22 | | identify and describe the assumptions and projections employed |
| 23 | | in the preparation thereof to the extent required by the |
| 24 | | Board. If the Executive Director certifies that a Service |
| 25 | | Board has not presented its budget and two-year financial plan |
| 26 | | in conformity with the rules adopted by the Authority under |
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| 1 | | the provisions of Section 4.01(f) and this subsection (d), and |
| 2 | | such certification is accepted by a supermajority the |
| 3 | | affirmative vote of at least 12 of the then Directors of the |
| 4 | | Authority, the Authority shall not distribute to that Service |
| 5 | | Board any funds for operating purposes in excess of the |
| 6 | | amounts distributed for such purposes to the Service Board in |
| 7 | | the previous fiscal year. Except when the Board adopts a |
| 8 | | budget and a financial plan for a Service Board under |
| 9 | | paragraph (b)(5), a Service Board shall provide for such |
| 10 | | levels of transportation services and fares or charges |
| 11 | | therefor as it deems appropriate and necessary in the |
| 12 | | preparation of a budget and financial plan meeting the |
| 13 | | criteria set forth in clauses (i) through (vii) of |
| 14 | | subparagraph (2) of paragraph (b) of this Section. The |
| 15 | | Authority shall have access to and the right to examine and |
| 16 | | copy all books, documents, papers, records, or other source |
| 17 | | data of a Service Board relevant to any information submitted |
| 18 | | pursuant to this Section. |
| 19 | | (d-5) Beginning in fiscal year 2027, the Board of the |
| 20 | | Authority shall, no later than September 15 of each year |
| 21 | | consider the written determination of the Executive Director, |
| 22 | | made under Section 2.01d, of the costs of ADA paratransit |
| 23 | | services that are required to be provided under the federal |
| 24 | | Americans with Disabilities Act of 1990 and its implementing |
| 25 | | regulations, and shall amend the current year budgets of the |
| 26 | | Authority and the Service Boards to provide for additional |
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| 1 | | funding for the provision of ADA paratransit services, if |
| 2 | | needed. |
| 3 | | (d-10)(1) Beginning in fiscal year 2027, if the Board |
| 4 | | shall at any time have received a revised estimate, or revises |
| 5 | | any estimate the Board has made, under Section 4.01 of the |
| 6 | | receipts to be collected by the Authority which, in the |
| 7 | | judgment of the Board, requires a change in the estimates on |
| 8 | | which the budget of any Service Board is based, then the Board |
| 9 | | of the Authority shall advise the affected Service Board of |
| 10 | | the revised estimates, and the Service Board shall, within 30 |
| 11 | | days after receipt of the advice, submit recommendations for a |
| 12 | | revised budget incorporating the revised estimates. After |
| 13 | | considering the Service Board's recommendations, the Authority |
| 14 | | shall adopt a revised budget. |
| 15 | | (2) Each Service Board shall, within the period after the |
| 16 | | end of each fiscal quarter as shall be specified by the Board, |
| 17 | | report to the Authority its financial condition and results of |
| 18 | | operations and the financial condition and results of |
| 19 | | operations of the public transportation services subject to |
| 20 | | its jurisdiction, as at the end of and for the quarter. If, in |
| 21 | | the judgment of the Board, the condition and results are not |
| 22 | | substantially in accordance with the Service Board's budget |
| 23 | | for the period, then the Board shall so advise the Service |
| 24 | | Board and the Service Board shall within the period specified |
| 25 | | by the Board submit recommendations for a revised budget |
| 26 | | incorporating the results. After considering the Service |
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| 1 | | Board's recommendations, the Authority shall adopt a revised |
| 2 | | budget. |
| 3 | | (d-15) Beginning in fiscal year 2027, all financial |
| 4 | | statements, audits, and other information presented to the |
| 5 | | Authority under this Section or which may be required by the |
| 6 | | Board to permit it to monitor compliance with the provisions |
| 7 | | of this Section shall be prepared and presented in the manner |
| 8 | | and frequency and in the detail prescribed by the Board, shall |
| 9 | | be prepared on both an accrual and cash flow basis as specified |
| 10 | | by the Board, shall present the information as the Authority |
| 11 | | shall prescribe that fairly presents the condition of any |
| 12 | | pension plan or trust for health care benefits with respect to |
| 13 | | retirees established by the Service Board and describes the |
| 14 | | plans of the Service Board to meet the requirements of |
| 15 | | Sections 4.02a and 4.02b, and shall identify and describe the |
| 16 | | assumptions and projections employed in the preparation |
| 17 | | thereof to the extent required by the Board. |
| 18 | | (e) Whenever this Section requires the Board to make |
| 19 | | determinations with respect to estimates, budgets or financial |
| 20 | | plans, or rules or regulations with respect thereto such |
| 21 | | determinations shall be made upon a supermajority the |
| 22 | | affirmative vote of at least 12 of the then Directors and shall |
| 23 | | be incorporated in a written report of the Board and such |
| 24 | | report shall be submitted within 10 days after such |
| 25 | | determinations are made to the Governor, the Mayor of Chicago |
| 26 | | (if such determinations relate to the Chicago Transit |
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| 1 | | Authority), and the Auditor General of Illinois. |
| 2 | | (Source: P.A. 97-399, eff. 8-16-11.)
|
| 3 | | (70 ILCS 3615/4.13) (from Ch. 111 2/3, par. 704.13) |
| 4 | | Sec. 4.13. Annual Capital Improvement Plan. |
| 5 | | (a) With respect to each calendar year, the Authority |
| 6 | | shall prepare as part of its 5-Year Capital Five Year Program |
| 7 | | an Annual Capital Improvement Plan (the "Plan") which shall |
| 8 | | describe its intended development and implementation of the |
| 9 | | Strategic Capital Improvement Program. The Plan shall include |
| 10 | | the following information: |
| 11 | | (i) a list of projects for which approval is sought |
| 12 | | from the Governor, with a description of each project |
| 13 | | stating at a minimum the project cost, its category, its |
| 14 | | location and the entity responsible for its |
| 15 | | implementation; |
| 16 | | (ii) a certification by the Authority that the |
| 17 | | Authority and the Service Boards have applied for all |
| 18 | | grants, loans and other moneys made available by the |
| 19 | | federal government or the State of Illinois during the |
| 20 | | preceding federal and State fiscal years for financing its |
| 21 | | capital development activities; |
| 22 | | (iii) a certification that, as of September 30 of the |
| 23 | | preceding calendar year or any later date, the balance of |
| 24 | | all federal capital grant funds and all other funds to be |
| 25 | | used as matching funds therefor which were committed to or |
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| 1 | | possessed by the Authority or a Service Board but which |
| 2 | | had not been obligated was less than $350,000,000, or a |
| 3 | | greater amount as authorized in writing by the Governor |
| 4 | | (for purposes of this subsection (a), "obligated" means |
| 5 | | committed to be paid by the Authority or a Service Board |
| 6 | | under a contract with a nongovernmental entity in |
| 7 | | connection with the performance of a project or committed |
| 8 | | under a force account plan approved by the federal |
| 9 | | government); |
| 10 | | (iv) a certification that the Authority has adopted a |
| 11 | | balanced budget with respect to such calendar year under |
| 12 | | Section 4.01 of this Act; |
| 13 | | (v) a schedule of all bonds or notes previously issued |
| 14 | | for Strategic Capital Improvement Projects and all debt |
| 15 | | service payments to be made with respect to all such bonds |
| 16 | | and the estimated additional debt service payments through |
| 17 | | June 30 of the following calendar year expected to result |
| 18 | | from bonds to be sold prior thereto; |
| 19 | | (vi) a long-range summary of the Strategic Capital |
| 20 | | Improvement Program describing the projects to be funded |
| 21 | | through the Program with respect to project cost, |
| 22 | | category, location, and implementing entity, and |
| 23 | | presenting a financial plan including an estimated time |
| 24 | | schedule for obligating funds for the performance of |
| 25 | | approved projects, issuing bonds, expending bond proceeds |
| 26 | | and paying debt service throughout the duration of the |
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| 1 | | Program; and |
| 2 | | (vii) the source of funding for each project in the |
| 3 | | Plan. For any project for which full funding has not yet |
| 4 | | been secured and which is not subject to a federal full |
| 5 | | funding contract, the Authority must identify alternative, |
| 6 | | dedicated funding sources available to complete the |
| 7 | | project. The Governor may waive this requirement on a |
| 8 | | project by project basis. |
| 9 | | (b) The Authority shall submit the Plan with respect to |
| 10 | | any calendar year to the Governor on or before January 15 of |
| 11 | | that year, or as soon as possible thereafter; provided, |
| 12 | | however, that the Plan shall be adopted by a supermajority |
| 13 | | vote on the affirmative votes of 12 of the then Directors. The |
| 14 | | Plan may be revised or amended at any time, but any revision in |
| 15 | | the projects approved shall require the Governor's approval. |
| 16 | | (c) The Authority shall seek approval from the Governor |
| 17 | | only through the Plan or an amendment thereto. The Authority |
| 18 | | shall not request approval of the Plan from the Governor in any |
| 19 | | calendar year in which it is unable to make the certifications |
| 20 | | required under items (ii), (iii) and (iv) of subsection (a). |
| 21 | | In no event shall the Authority seek approval of the Plan from |
| 22 | | the Governor for projects in an aggregate amount exceeding the |
| 23 | | proceeds of bonds or notes for Strategic Capital Improvement |
| 24 | | Projects issued under Section 4.04 of this Act. |
| 25 | | (d) The Governor may approve the Plan for which approval |
| 26 | | is requested. The Governor's approval is limited to the amount |
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| 1 | | of the project cost stated in the Plan. The Governor shall not |
| 2 | | approve the Plan in a calendar year if the Authority is unable |
| 3 | | to make the certifications required under items (ii), (iii) |
| 4 | | and (iv) of subsection (a). In no event shall the Governor |
| 5 | | approve the Plan for projects in an aggregate amount exceeding |
| 6 | | the proceeds of bonds or notes for Strategic Capital |
| 7 | | Improvement Projects issued under Section 4.04 of this Act. |
| 8 | | (e) With respect to capital improvements, only those |
| 9 | | capital improvements which are in a Plan approved by the |
| 10 | | Governor shall be financed with the proceeds of bonds or notes |
| 11 | | issued for Strategic Capital Improvement Projects. |
| 12 | | (f) Before the Authority or a Service Board obligates any |
| 13 | | funds for a project for which the Authority or Service Board |
| 14 | | intends to use the proceeds of bonds or notes for Strategic |
| 15 | | Capital Improvement Projects, but which project is not |
| 16 | | included in an approved Plan, the Authority must notify the |
| 17 | | Governor of the intended obligation. No project costs incurred |
| 18 | | prior to approval of the Plan including that project may be |
| 19 | | paid from the proceeds of bonds or notes for Strategic Capital |
| 20 | | Improvement Projects issued under Section 4.04 of this Act. |
| 21 | | (Source: P.A. 94-839, eff. 6-6-06; 95-708, eff. 1-18-08.)
|
| 22 | | (70 ILCS 3615/4.14) (from Ch. 111 2/3, par. 704.14) |
| 23 | | Sec. 4.14. Rate Protection Contract. "Rate Protection |
| 24 | | Contract" means interest rate price exchange agreements; |
| 25 | | currency exchange agreements; forward payment conversion |
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| 1 | | agreements; contracts providing for payment or receipt of |
| 2 | | funds based on levels of, or changes in, interest rates, |
| 3 | | currency exchange rates, stock or other indices; contracts to |
| 4 | | exchange cash flows or a series of payments; contracts, |
| 5 | | including without limitation, interest rate caps; interest |
| 6 | | rate floor; interest rate locks; interest rate collars; rate |
| 7 | | of return guarantees or assurances, to manage payment, |
| 8 | | currency, rate, spread or similar exposure; the obligation, |
| 9 | | right, or option to issue, put, lend, sell, grant a security |
| 10 | | interest in, buy, borrow or otherwise acquire, a bond, note or |
| 11 | | other security or interest therein as an investment, as |
| 12 | | collateral, as a hedge, or otherwise as a source or assurance |
| 13 | | of payment to or by the Authority or as a reduction of the |
| 14 | | Authority's or an obligor's risk exposure; repurchase |
| 15 | | agreements; securities lending agreements; and other |
| 16 | | agreements or arrangements similar to the foregoing. |
| 17 | | Notwithstanding any provision in Section 2.20 (a) (ii) of |
| 18 | | this Act to the contrary, in connection with or incidental to |
| 19 | | the issuance by the Authority of its bonds or notes under the |
| 20 | | provisions of Section 4.04 or the exercise of its powers under |
| 21 | | subsection (b) of Section 2.20, the Authority, for its own |
| 22 | | benefit or for the benefit of the holders of its obligations or |
| 23 | | their trustee, may enter into rate protection contracts. The |
| 24 | | Authority may enter into rate protection contracts only |
| 25 | | pursuant to a determination by a supermajority vote of 12 of |
| 26 | | the then Directors that the terms of the contracts and any |
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| 1 | | related agreements reduce the risk of loss to the Authority, |
| 2 | | or protect, preserve or enhance the value of its assets, or |
| 3 | | provide compensation to the Authority for losses resulting |
| 4 | | from changes in interest rates. The Authority's obligations |
| 5 | | under any rate protection contract or credit enhancement or |
| 6 | | liquidity agreement shall not be considered bonds or notes for |
| 7 | | purposes of this Act. For purposes of this Section a rate |
| 8 | | protection contract is a contract determined by the Authority |
| 9 | | as necessary or appropriate to permit it to manage payment, |
| 10 | | currency or interest rate risks or levels. |
| 11 | | (Source: P.A. 95-708, eff. 1-18-08.)
|
| 12 | | (70 ILCS 3615/4.15) |
| 13 | | Sec. 4.15. Revolving door prohibition. No Director, |
| 14 | | Service Board director or member, former Director, or former |
| 15 | | Service Board director or member shall, during his or her term |
| 16 | | and for a period of one year immediately after the end of his |
| 17 | | or her term, engage in business dealings with, knowingly |
| 18 | | accept employment from, or receive compensation or fees for |
| 19 | | services from the Regional Transportation Authority, the |
| 20 | | Suburban Bus Board, the Commuter Rail Board or the Chicago |
| 21 | | Transit Board. This prohibition shall not apply to any |
| 22 | | business dealings engaged in by the Director or Service Board |
| 23 | | director or member in the course of his or her official duties |
| 24 | | or responsibilities as a Director or Service Board director or |
| 25 | | member. |
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| 1 | | (Source: P.A. 98-1027, eff. 1-1-15.)
|
| 2 | | (70 ILCS 3615/5.03) (from Ch. 111 2/3, par. 705.03) |
| 3 | | Sec. 5.03. Limitation on Actions. |
| 4 | | The Authority shall not be liable in any civil action for |
| 5 | | any injury to any person or property for any acts or omissions |
| 6 | | of any Transportation Agency transportation agency or unit of |
| 7 | | local government, as a result of the Authority making grants |
| 8 | | to or having a purchase of service agreement with such agency |
| 9 | | or unit of local government. Nothing in this Act, however, |
| 10 | | limits the power of the Authority in its purchase of service |
| 11 | | agreements to pay the cost of any such injuries. |
| 12 | | No civil action shall be commenced in any court against |
| 13 | | the Authority or a Service Board by any person on account of |
| 14 | | any wrongful death or for any injury to any person unless it is |
| 15 | | commenced within one year from the date that the cause of |
| 16 | | action accrued; provided, however, that the foregoing shall |
| 17 | | not limit a Transportation Agency transportation agency in |
| 18 | | bringing a civil action to enforce its rights under a purchase |
| 19 | | of service agreement with the Authority. This amendatory Act |
| 20 | | of 1995 applies only to causes of action accruing on or after |
| 21 | | January 1, 1996. |
| 22 | | (Source: P.A. 89-109, eff. 1-1-96.)
|
| 23 | | (70 ILCS 3615/5.05) (from Ch. 111 2/3, par. 705.05) |
| 24 | | Sec. 5.05. Opt Out. |
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| 1 | | (a) Notwithstanding any other provision of this Act, if |
| 2 | | the County Board of the County of DuPage, Kane, Lake, McHenry, |
| 3 | | or Will by ordinance authorizes that such county shall elect |
| 4 | | to terminate the powers of the Authority and the Suburban Bus |
| 5 | | Division in that County, the Secretary of such County Board |
| 6 | | shall certify that proposition to the proper election |
| 7 | | officials, who shall submit such proposition at an election in |
| 8 | | accordance with the general election law to decide whether or |
| 9 | | not the County shall opt out; and if a majority of the voters |
| 10 | | voting upon the proposition is in favor of terminating the |
| 11 | | powers of the Authority and the Suburban Bus Division those |
| 12 | | powers shall be terminated. |
| 13 | | The form of the ballot to be used at the referendum shall |
| 14 | | be substantially as follows: |
| 15 | | ---------------------------------
|
| 16 | | Shall ..... County Terminate the
|
| 17 | | Powers of the Regional Transportation YES
|
| 18 | | Authority and the Suburban Bus ---------------------
|
| 19 | | Division in .... County NO
|
| 20 | | on ..... (date)
|
| 21 | | ------------------------------------------------------------- |
| 22 | | If a majority of the voters vote in favor of terminating |
| 23 | | the powers of the Authority and the Suburban Bus Division then |
| 24 | | all of the powers of the Authority and the Suburban Bus |
| 25 | | Division shall terminate in such county except those powers |
| 26 | | and functions which the Authority determines to be necessary |
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| 1 | | to exercise with regard to: |
| 2 | | (i) public transportation by commuter rail, and |
| 3 | | related public transportation facilities; |
| 4 | | (ii) public transportation other than by commuter rail |
| 5 | | which is required in order to comply with federal or State |
| 6 | | laws and regulations, and related public transportation |
| 7 | | facilities; and |
| 8 | | (iii) public transportation other than by commuter |
| 9 | | rail provided by the Suburban Bus Division pursuant to |
| 10 | | contract with the County or other governmental entity |
| 11 | | therein, and related public transportation facilities. |
| 12 | | (b) The termination of the powers of the Authority and the |
| 13 | | Suburban Bus Division referred to in paragraph (a) of this |
| 14 | | Section with respect to any County shall occur on approval of |
| 15 | | the referendum by the electors provided on or prior to the date |
| 16 | | of such termination, such County shall have: |
| 17 | | (i) assumed the obligations of the Authority under all |
| 18 | | laws, federal or State, and all contracts with respect to |
| 19 | | public transportation or public transportation facilities |
| 20 | | in such County, which statutory or contractual obligations |
| 21 | | extend beyond the termination date provided for in |
| 22 | | accordance with paragraph (c) of this Section provided |
| 23 | | that such obligations shall not be deemed to include any |
| 24 | | indebtedness of the Authority for borrowed money; |
| 25 | | (ii) agreed to indemnify and hold harmless the |
| 26 | | Authority against any and all claims, actions, and |
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| 1 | | liabilities arising out of or in connection with the |
| 2 | | termination of the Authority's powers and functions |
| 3 | | pursuant to paragraph (a) of this Section; and |
| 4 | | (iii) taken or caused to be taken all necessary |
| 5 | | actions and fulfilled or caused to be fulfilled all |
| 6 | | requirements under federal and State laws, rules and |
| 7 | | regulations with respect to such termination and any |
| 8 | | related transfers of assets or liabilities of the |
| 9 | | Authority. A County may, by mutual agreement with the |
| 10 | | Authority, permit the Authority to fulfill one or more |
| 11 | | contracts which by their terms extend beyond the |
| 12 | | termination date provided for in accordance with paragraph |
| 13 | | (c) of this Section, in which case the powers and |
| 14 | | functions of the Authority in that County shall survive |
| 15 | | only to the extent deemed necessary by the Authority to |
| 16 | | fulfill said contract or contracts. The satisfaction of |
| 17 | | the requirements provided for in this paragraph shall be |
| 18 | | evidenced in such manner as the Authority may require. |
| 19 | | (c) Following an election to terminate the powers of the |
| 20 | | Authority and the Suburban Bus Division at a referendum held |
| 21 | | under paragraph (a) of this Section the County Board shall |
| 22 | | notify the Authority of the results of the referendum which |
| 23 | | notice shall specify a termination date, which is the last day |
| 24 | | of the calendar month, but no earlier than December 31, 1984. |
| 25 | | Unless the termination date is extended by mutual agreement |
| 26 | | between the County and the Authority, the termination of the |
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| 1 | | powers and functions of the Authority in the County shall |
| 2 | | occur at midnight on the termination date, provided that the |
| 3 | | requirements of this Section have been met. |
| 4 | | (d) The proceeds of taxes imposed by the Authority under |
| 5 | | Sections 4.03 and 4.03.1 collected after the termination date |
| 6 | | within a County wherein the powers of the Authority and the |
| 7 | | Suburban Bus Division have been terminated under this Section |
| 8 | | shall be provided by the Authority to the Commuter Rail Board |
| 9 | | to support services under the jurisdiction of the Commuter |
| 10 | | Rail Board which are attributable to that County, as |
| 11 | | determined by the Commuter Rail Board. Any proceeds which are |
| 12 | | in excess of that necessary to support such services shall be |
| 13 | | paid by the Authority to that County to be expended for general |
| 14 | | transportation purposes in accordance with law. If no services |
| 15 | | under the jurisdiction of the Commuter Rail Board are provided |
| 16 | | in a County wherein the powers of the Authority have been |
| 17 | | terminated under this Section, all proceeds of taxes imposed |
| 18 | | by the Authority in the County shall be paid by the Authority |
| 19 | | to the County to be expended for general transportation |
| 20 | | purposes in accordance with law. The Authority or the Suburban |
| 21 | | Bus Division has no obligation to see that the funds expended |
| 22 | | under this paragraph by the County are spent for general |
| 23 | | transportation purposes in accordance with law. |
| 24 | | (Source: P.A. 83-885; 83-886.)
|
| 25 | | (70 ILCS 3615/5.15) |
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| 1 | | Sec. 5.15. Rail safety recommendation report. The Regional |
| 2 | | Transportation Authority, the Chicago Transit Authority, and |
| 3 | | the Commuter Rail Division shall issue an annual report on or |
| 4 | | before December 31 of each year containing all rail safety |
| 5 | | recommendations made by the National Transportation Safety |
| 6 | | Board during the previous 12 months and the status of the |
| 7 | | Regional Transportation Authority's, the Chicago Transit |
| 8 | | Authority's, and the Commuter Rail Division's implementation |
| 9 | | of those recommendations, including for any recommendations |
| 10 | | within the Regional Transportation Authority's |
| 11 | | extraterritorial extra-territorial authority, if any. The |
| 12 | | reports shall be made publicly available on the Regional |
| 13 | | Transportation Authority's website. |
| 14 | | (Source: P.A. 103-640, eff. 7-1-24.)
|
| 15 | | (70 ILCS 3615/5.17 new) |
| 16 | | Sec. 5.17. Diversity reporting. |
| 17 | | (a) As used in this Section: |
| 18 | | "Minority person" has the meaning given to that term in |
| 19 | | the Business Enterprise for Minorities, Women, and Persons |
| 20 | | with Disabilities Act. |
| 21 | | "Person with a disability" has the meaning given to that |
| 22 | | term in the Business Enterprise for Minorities, Women, and |
| 23 | | Persons with Disabilities Act. |
| 24 | | "Qualified veteran-owned small business" has the meaning |
| 25 | | given to that term in Section 45-57 of the Illinois |
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| 1 | | Procurement Code. |
| 2 | | "Small business" has the meaning given to that term in |
| 3 | | Section 45-57 of the Illinois Procurement Code. |
| 4 | | "Veteran" has the meaning given to that term in Section |
| 5 | | 45-57 of the Illinois Procurement Code. |
| 6 | | "Woman" has the meaning given to that term in the Business |
| 7 | | Enterprise for Minorities, Women, and Persons with |
| 8 | | Disabilities Act. |
| 9 | | (b) All construction contractors who contract with the |
| 10 | | Authority or a Service Board shall report to the Authority |
| 11 | | regarding the diversity of its employees, apprenticeship |
| 12 | | hours, and its spending. Reports must contain data providing: |
| 13 | | (1) the number of women, minority persons, persons |
| 14 | | with a disability, and veterans employed by the |
| 15 | | construction contractor; |
| 16 | | (2) the apprenticeship hours performed by women, |
| 17 | | minority persons, persons with a disability, and veterans; |
| 18 | | and |
| 19 | | (3) the spending for women-owned, minority-owned, |
| 20 | | qualified veteran-owned, and small business enterprises in |
| 21 | | the previous calendar year. |
| 22 | | Reports shall express the percentage of the total work |
| 23 | | performed on Authority projects by the construction contractor |
| 24 | | submitting the report, the total apprenticeship hours and |
| 25 | | percentage of apprenticeship hours performed by women, |
| 26 | | minority persons, and veterans, and the actual spending and |
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| 1 | | percentage of spending by the construction contractor for all |
| 2 | | women-owned, minority-owned, qualified veteran-owned small |
| 3 | | business, and small business enterprises. |
| 4 | | (c) The construction contractor shall submit a diversity |
| 5 | | report to the Board of the Authority annually on the |
| 6 | | anniversary of the contract. The Authority shall publish each |
| 7 | | diversity report on its website.
|
| 8 | | (70 ILCS 3615/5.20 new) |
| 9 | | Sec. 5.20. Performance review and removal for cause. |
| 10 | | (a) The Authority shall conduct a performance review of |
| 11 | | the Executive Director of each Service Board once each year. |
| 12 | | As part of this review, the Executive Director shall appear |
| 13 | | before the Board to discuss the initial findings of the |
| 14 | | review. At the conclusion of the review, the Authority shall |
| 15 | | provide feedback to the Executive Director. The review shall |
| 16 | | consider, at minimum: |
| 17 | | (1) performance of public transportation service |
| 18 | | provided by the relevant Service Board as measured against |
| 19 | | the applicable service standards pursuant to Section 6.02; |
| 20 | | (2) any findings of the most recent general |
| 21 | | performance audit conducted by the Auditor General under |
| 22 | | Section 2.01g; |
| 23 | | (3) any findings of audits conducted by the Chief |
| 24 | | Internal Auditor into the relevant Division; and |
| 25 | | (4) Service Board compliance with the Service Plan, |
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| 1 | | 5-Year Capital Program, Annual Budget, and 2-Year |
| 2 | | Financial Plan approved by the Authority. |
| 3 | | (b) The Authority may also review allegations of |
| 4 | | misconduct or other wrongdoing by the Executive Director. The |
| 5 | | Authority shall provide the Executive Director with written |
| 6 | | notice of any allegations and a reasonable opportunity to be |
| 7 | | heard in person or by counsel in reference thereto. The |
| 8 | | Authority shall establish rules to implement this Section. |
| 9 | | (c) The Authority shall remove the Executive Director of |
| 10 | | the Commuter Rail Division, Suburban Bus Division, or Chicago |
| 11 | | Transit Division (i) upon a showing of just cause, or |
| 12 | | following an annual performance review in which the Authority |
| 13 | | determines that the Executive Director led the Division to |
| 14 | | fail to comply with the Service Plan, 5-Year Capital Program, |
| 15 | | Annual Budget, or 2-Year Financial Plan approved by the |
| 16 | | Authority and (ii) a supermajority vote. Upon a vote to remove |
| 17 | | an Executive Director, a schedule that shall permit an orderly |
| 18 | | transition in that office may be instituted. For the purposes |
| 19 | | of this Section, "just cause" means any egregious act or |
| 20 | | omission, including, but not limited to, malfeasance, |
| 21 | | nonfeasance, gross misconduct or criminal conduct which |
| 22 | | impairs the individual's ability to fulfill their duties and |
| 23 | | obligations, or for actions taken that violate the terms of |
| 24 | | this Act.
|
| 25 | | (70 ILCS 3615/5.25 new) |
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| 1 | | Sec. 5.25. Dial-a-ride service program. |
| 2 | | (a) As used in this Section, "local dial-a-ride service" |
| 3 | | or "DAR service" means a door-to-door transportation service, |
| 4 | | other than that mandated by the Americans with Disabilities |
| 5 | | Act, that is operated by a Service Board or other unit of local |
| 6 | | government within the service area of the Authority and that |
| 7 | | allows passengers to request pick-up and drop-off by telephone |
| 8 | | or other means and does not follow a fixed route. |
| 9 | | (b) A hired third party shall work in collaboration with |
| 10 | | the Authority, Service Boards, counties, and townships that |
| 11 | | operate dial-a-ride services to evaluate existing dial-a-ride |
| 12 | | programs and create recommendations for coordinated service |
| 13 | | across the region. The recommendations shall consider |
| 14 | | coordination with existing dial-a-ride service and fixed-route |
| 15 | | service operated by the Service Boards and potential expansion |
| 16 | | of fixed-route service operated by the Service Boards. The |
| 17 | | Authority shall work with the Service Boards, counties, and |
| 18 | | townships that operate dial-a-ride services to implement the |
| 19 | | recommendations following an affirmative vote of the Board of |
| 20 | | the Authority. |
| 21 | | (c) After the recommendations have been completed, the |
| 22 | | Authority may establish a DAR service program policy and |
| 23 | | authorize the deposit of Authority moneys into a DAR Service |
| 24 | | Program Fund. Amounts on deposits in the fund and interest and |
| 25 | | other earnings on those amounts may be used by the Authority, |
| 26 | | with the approval of its Directors, for: |
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| 1 | | (1) operating cost assistance up to a maximum of 80% |
| 2 | | of the operating cost of the DAR service provided by a unit |
| 3 | | of local government; |
| 4 | | (2) capital cost assistance for vehicles and |
| 5 | | technology obtained by units of local government to |
| 6 | | deliver DAR service; |
| 7 | | (3) payment of Authority staff deployed to help |
| 8 | | support DAR services operated by units of local government |
| 9 | | and for other operating expenses incurred by the Authority |
| 10 | | relating to the provision of DAR service by units of local |
| 11 | | government or an operating unit of the Authority; and |
| 12 | | (4) payment of capital costs incurred by the Authority |
| 13 | | relating to its support of DAR service provided by units |
| 14 | | of local government or by a Service Board. |
| 15 | | (d) If the Board creates a DAR service program policy that |
| 16 | | provides guidance on what DAR services provided by units of |
| 17 | | local government are eligible for Authority support under the |
| 18 | | DAR service program policy, then the DAR service program |
| 19 | | policy shall include: |
| 20 | | (1) the level of operating and capital subsidies |
| 21 | | available to units of local government from the Authority |
| 22 | | under the DAR service program policy; |
| 23 | | (2) eligibility criteria for units of local government |
| 24 | | to receive operating or capital subsidies from the DAR |
| 25 | | service program policy; |
| 26 | | (3) a description of technical support the Authority |
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| 1 | | may supply units of local government that operate DAR |
| 2 | | services; |
| 3 | | (4) a description of how units of local government may |
| 4 | | obtain DAR services from a Service Board of the Authority; |
| 5 | | (5) requirements that DAR services must be consistent |
| 6 | | with service standards established by the Authority to be |
| 7 | | eligible for operating or capital subsidies from the |
| 8 | | Authority; |
| 9 | | (6) the requirements for integration of a DAR service |
| 10 | | operated by a unit of local government into the |
| 11 | | Authority's fare collection, service branding, travel |
| 12 | | information, and other systems required to provide riders |
| 13 | | with seamless integration of DAR services with the |
| 14 | | Authority's fixed-route transit services in the |
| 15 | | metropolitan region; |
| 16 | | (7) standardized hours of operation, rider eligibility |
| 17 | | criteria, fares, service standards, and use of fare media |
| 18 | | compatible with the Authority's fixed-route services, and |
| 19 | | other service-related requirements established by the |
| 20 | | Authority that shall be in effect for all DAR services |
| 21 | | funded by the Authority; |
| 22 | | (8) Authority funding support levels tied to objective |
| 23 | | criteria, such as vehicle revenue miles, passenger miles |
| 24 | | traveled, unlinked passenger trips, vehicle revenue hours, |
| 25 | | cost per DAR service ride, the number of zero-car |
| 26 | | households in the service area, and the percentage of |
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| 1 | | trips by DAR service users that also include travel on the |
| 2 | | Authority's fixed-route services; |
| 3 | | (9) requirements of any limitations on the provision |
| 4 | | of DAR service across DAR service areas and to |
| 5 | | destinations outside the metropolitan region; and |
| 6 | | (10) standardized forms of agreements between the |
| 7 | | Authority and units of local government used in the |
| 8 | | administration of the DAR service program setting forth |
| 9 | | the funding arrangements, service levels, performance |
| 10 | | measures, and other requirements for participation in the |
| 11 | | program. |
| 12 | | (e) The Authority shall not provide operating or capital |
| 13 | | funding for a DAR service that does not meet the requirements |
| 14 | | of the DAR service program policy. |
| 15 | | (f) To better inform and implement the DAR service |
| 16 | | program, the Authority shall establish a DAR Service |
| 17 | | Coordination Council consisting of officials from each of the |
| 18 | | county departments of transportation in the metropolitan |
| 19 | | region as well as a diverse set of representatives from other |
| 20 | | local units of government, social service providers, and other |
| 21 | | community stakeholders. The Coordination Council shall advise |
| 22 | | the Authority on DAR service program policies and shall assist |
| 23 | | the Authority in improving DAR service quality, coordination, |
| 24 | | and consistency throughout the metropolitan region. |
| 25 | | (g) The Authority may establish a DAR Service Board to |
| 26 | | effectuate the goals and requirements of this Section. |
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| 1 | | (h) If the Authority creates a DAR program, then the |
| 2 | | Authority shall address DAR service issues and its DAR service |
| 3 | | program policy in its Strategic Plan and in its other plans and |
| 4 | | programs.
|
| 5 | | (70 ILCS 3615/5.30 new) |
| 6 | | Sec. 5.30. Contract limitations on lame duck boards. On |
| 7 | | and after the effective date of this amendatory Act of the |
| 8 | | 104th General Assembly and until the new Board of the |
| 9 | | Authority and boards of the Service Boards are seated, the |
| 10 | | Regional Transportation Authority and Service Boards shall not |
| 11 | | enter into or renew any contract with a term of one year or |
| 12 | | more or a total cost of $10,000,000 or more. Any contract |
| 13 | | entered into or renewed in violation of this Section shall be |
| 14 | | voidable by the new Board of the Authority or the new board of |
| 15 | | the applicable Service Board.
|
| 16 | | (70 ILCS 3615/5.35 new) |
| 17 | | Sec. 5.35. Northern Illinois Transit Authority Executive |
| 18 | | Director performance evaluation. The Board shall conduct an |
| 19 | | annual evaluation, each fiscal year, of the Northern Illinois |
| 20 | | Transit Authority Executive Director. At the conclusion of the |
| 21 | | review, the Authority shall provide feedback to the Executive |
| 22 | | Director. The review shall consider, at minimum: |
| 23 | | (1) performance of public transportation service provided |
| 24 | | by each Service Board as measured against the applicable |
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| 1 | | service standards under Section 6.01; |
| 2 | | (2) any relevant findings of audits conducted by the Chief |
| 3 | | Internal Auditor under Section 7.01; and |
| 4 | | (3) any findings of the most recent general performance |
| 5 | | audit conducted by the Auditor General under Section 2.01g.
|
| 6 | | (70 ILCS 3615/Art. VI heading new) |
| 7 | | ARTICLE VI. SERVICE
|
| 8 | | (70 ILCS 3615/6.01 new) |
| 9 | | Sec. 6.01. Service standards. |
| 10 | | (a) The Authority shall adopt service standards to guide |
| 11 | | the provision of public transportation throughout the |
| 12 | | metropolitan region. |
| 13 | | (b) The service standards shall identify quantitative and |
| 14 | | qualitative attributes of quality public transit service using |
| 15 | | metrics drawn from the performance of high-quality transit |
| 16 | | systems in global metropolitan areas with populations and |
| 17 | | metropolitan economies comparable to the metropolitan region. |
| 18 | | (c) The service standards shall include a framework that |
| 19 | | describes the appropriate characteristics for each type of |
| 20 | | service or mode. These characteristics include, but are not |
| 21 | | limited to, mode, frequency, time span, vehicle type, stop |
| 22 | | spacing, vehicle and stop amenities, network connectivity, |
| 23 | | route directness, route deviation, and coverage of service. |
| 24 | | Consideration shall be given to vehicle revenue hours, vehicle |
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| 1 | | revenue miles, passenger miles traveled, and unlinked |
| 2 | | passenger trips. |
| 3 | | (d) The service standards shall cover the entire |
| 4 | | metropolitan region and include the development of transit |
| 5 | | propensity thresholds for each type of service or mode. |
| 6 | | Transit propensity metrics shall include, but are not limited |
| 7 | | to, population density, employment density, low-income |
| 8 | | populations, disabled populations, zero-car households, |
| 9 | | intersection density, and the presence of sidewalks. The |
| 10 | | Authority shall develop weights for each metric and a scoring |
| 11 | | system to determine transit propensity. |
| 12 | | (e) The service standards shall be adjusted as appropriate |
| 13 | | to accommodate the addition of modes of public transportation |
| 14 | | not currently being provided by the Authority, which may |
| 15 | | include, but are not limited to: |
| 16 | | (1) streetcars; |
| 17 | | (2) light rail; |
| 18 | | (3) full-scale bus rapid transit; |
| 19 | | (4) a transition from commuter rail to regional rail |
| 20 | | or a combination of commuter and regional rail; and |
| 21 | | (5) electrified versions of current combustion engine |
| 22 | | vehicle systems. |
| 23 | | (f) A unit of local government may petition the Authority |
| 24 | | to increase the level of transit service provided above what |
| 25 | | would otherwise be provided through the service standards. The |
| 26 | | Authority may develop plans and policies to assist units of |
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| 1 | | local government in identifying corridors where additional |
| 2 | | service could be provided. |
| 3 | | (g) The service standards shall include the transition of |
| 4 | | commuter rail in the metropolitan region to a regional rail |
| 5 | | service pattern or the retention of commuter rail with |
| 6 | | additional regional rail service. |
| 7 | | (h) Service standards and transit propensity thresholds |
| 8 | | shall be developed, adopted by the board of directors, and |
| 9 | | implemented by December 31, 2027. |
| 10 | | (1) The development of such standards shall be done |
| 11 | | cooperatively by staff of the Authority and the Service |
| 12 | | Boards, including input from the bus and train operators |
| 13 | | and train operating crews employed by the Service Boards. |
| 14 | | (2) In developing and evaluating the service |
| 15 | | standards, consideration shall be given to limitations |
| 16 | | experienced by the Commuter Rail Division due to shared |
| 17 | | infrastructure with freight rail. |
| 18 | | (3) After service standards are implemented, the |
| 19 | | Authority shall meet with each of the Service Boards at |
| 20 | | least quarterly each year to ensure operations are |
| 21 | | continuing effectively and to discuss issues or concerns |
| 22 | | related to the service standards. |
| 23 | | (4) The Board shall review and make adjustments to the |
| 24 | | service standards in conjunction with its adoption of the |
| 25 | | Authority's Strategic Plan. |
| 26 | | (i) Until December 31, 2030, this Section shall only apply |
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| 1 | | to revenue generated by taxes under Section 4.03 and any funds |
| 2 | | distributed to the Service Boards based on Section 4.03.3. |
| 3 | | (j) Until December 31, 2030, the amount of funding |
| 4 | | distributed to each Service Board under this Section shall be, |
| 5 | | at a minimum, equal to the amount of funding distributed in |
| 6 | | 2025 under Section 4.03.3 to each Service Board. If the |
| 7 | | revenue generated under Section 4.03.03 in a year is below |
| 8 | | that of 2025, then the amount of funding distributed to each |
| 9 | | Service Board under this Section shall be reduced |
| 10 | | proportionally. |
| 11 | | (k) Following the implementation of service standards, the |
| 12 | | Authority and the Service Boards, their chief executive |
| 13 | | officers, and other employees as required shall, upon request |
| 14 | | of the General Assembly, attend a minimum of one hearing |
| 15 | | annually before an appropriations committee and a substantive |
| 16 | | committee of the House of Representatives and an |
| 17 | | appropriations committee and a substantive committee of the |
| 18 | | Senate regarding the implementation and efficacy of service |
| 19 | | standards and other issues as requested. These hearings may be |
| 20 | | conducted in Chicago or Springfield or any other location |
| 21 | | selected by the General Assembly. |
| 22 | | (l) The Authority shall compile and publish reports |
| 23 | | comparing the actual public transportation system performance |
| 24 | | measured against the service standards. The performance |
| 25 | | measures shall include customer-related performance data |
| 26 | | measured by line, route, or subregion, as determined by the |
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| 1 | | Authority, including, but not limited to: |
| 2 | | (1) travel times and on-time performance; |
| 3 | | (2) ridership data; |
| 4 | | (3) equipment failure rates; |
| 5 | | (4) employee and customer safety; |
| 6 | | (5) crowding; |
| 7 | | (6) cleanliness of vehicles and stations; |
| 8 | | (7) service productivity; and |
| 9 | | (8) customer satisfaction. |
| 10 | | The Service Boards shall prepare and submit to the |
| 11 | | Authority the reports with regard to these performance |
| 12 | | measures in the frequency and form required by the Authority. |
| 13 | | The Authority shall compile and publish the reports on its |
| 14 | | website on a regular basis, no less than monthly. The |
| 15 | | Authority shall implement consistent data reporting standards. |
| 16 | | (m) The service standards and performance measures shall |
| 17 | | not be used as a basis for disciplinary action against any |
| 18 | | employee of the Authority or a Service Board, except to the |
| 19 | | extent that the collective bargaining agreements and |
| 20 | | employment and disciplinary practices of the Authority or the |
| 21 | | relevant Service Board provide for the action.
|
| 22 | | (70 ILCS 3615/Art. VII heading new) |
| 23 | | ARTICLE VII. INTERNAL AUDIT
|
| 24 | | (70 ILCS 3615/7.01 new) |
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| 1 | | Sec. 7.01. Chief Internal Auditor. |
| 2 | | (a) The Board of the Authority shall appoint a Chief |
| 3 | | Internal Auditor, who shall report directly to the Board. The |
| 4 | | Chief Internal Auditor shall: |
| 5 | | (1) have earned a baccalaureate degree from an |
| 6 | | institution of higher education; |
| 7 | | (2) be a certified internal auditor, certified public |
| 8 | | accountant with at least 5 years of auditing experience, |
| 9 | | or an auditor with 5 years of auditing experience; and |
| 10 | | (3) have not been convicted of any felony under the |
| 11 | | laws of this State, another State, or the United States. |
| 12 | | The term of the Chief Internal Auditor shall be 5 years. |
| 13 | | The initial appointment shall be made within 180 days after |
| 14 | | the effective date of this amendatory Act of the 104th General |
| 15 | | Assembly. A Chief Internal Auditor may be reappointed to one |
| 16 | | or more subsequent terms. A Chief Internal Auditor may only be |
| 17 | | removed for cause. Cause for removal includes incompetence, |
| 18 | | neglect of duty, malfeasance in office, and violation of the |
| 19 | | prohibitions of subsection (d). A vacancy occurring during a |
| 20 | | term shall be filled with a 5-year appointment. |
| 21 | | (b) The Chief Internal Auditor appointed by the Board of |
| 22 | | the Authority shall have jurisdiction over the Commuter Rail |
| 23 | | Division, the Suburban Bus Division, the Chicago Transit |
| 24 | | Authority, and all officers and employees of, and vendors and |
| 25 | | others doing business with, the Authority and the Service |
| 26 | | Boards. The Chief Internal Auditor has jurisdiction over the |
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| 1 | | Authority and the Service Boards to make post audits and |
| 2 | | investigations authorized by or under this Act. |
| 3 | | (c) The Chief Internal Auditor shall: |
| 4 | | (1) direct the internal audit functions and activities |
| 5 | | of the Authority, including conducting operational, |
| 6 | | financial, compliance, performance, information |
| 7 | | technology, and special audits to determine the adequacy |
| 8 | | of the Authority's systems of internal control and ensure |
| 9 | | compliance with Authority and State requirements; |
| 10 | | (2) prepare audit reports and assess program goals, |
| 11 | | including making recommendations leading to compliance, |
| 12 | | reduced operating costs, improved services, and greater |
| 13 | | general efficiency and effectiveness in existing Authority |
| 14 | | operations; |
| 15 | | (3) be responsible for the preparation of an annual |
| 16 | | audit plan for submission to, and subject to the approval |
| 17 | | of, the Board of the Authority; |
| 18 | | (4) follow-up on findings in internal and external |
| 19 | | audit reports to determine if appropriate remedial action |
| 20 | | has been taken; |
| 21 | | (5) coordinate external audit request and report |
| 22 | | responses to be completed by Authority management; and |
| 23 | | (6) perform other duties as required by law or |
| 24 | | ordinance. |
| 25 | | (d) The Chief Internal Auditor or any deputy internal |
| 26 | | auditor may not: |
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| 1 | | (1) become a candidate for any elective public office; |
| 2 | | (2) hold any other public office, by appointment or |
| 3 | | otherwise, except for appointments on governmental |
| 4 | | advisory boards or study commissions or as otherwise |
| 5 | | expressly authorized by law; |
| 6 | | (3) hold any other employment; |
| 7 | | (4) be actively involved in the affairs of any |
| 8 | | political party; |
| 9 | | (5) actively participate in any political campaign for |
| 10 | | any public office created by the Constitution or by any |
| 11 | | statute of the State; |
| 12 | | (6) actively participate in any campaign relating to a |
| 13 | | referendum or public question concerning the Constitution, |
| 14 | | the government of the State or any local or private agency |
| 15 | | audited by the Authority's Chief Internal Auditor during |
| 16 | | the preceding 4 years; |
| 17 | | (7) hold any legal, equitable, creditor, or debt |
| 18 | | interest in any partnership, firm, or other entity which |
| 19 | | contracts with the Authority during the Chief Internal |
| 20 | | Auditor's or the deputy internal auditor's term or tenure; |
| 21 | | (8) have any direct or indirect financial or economic |
| 22 | | interest in the transactions of the Authority audited by |
| 23 | | the Chief Internal Auditor during the Chief Internal |
| 24 | | Auditor's or the deputy internal auditor's term or tenure; |
| 25 | | except that written disclosure of any such interest to the |
| 26 | | Board of the Authority and formal disqualification from |
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| 1 | | participation in any post audit involving that transaction |
| 2 | | may, with the approval of the Board of the Authority, |
| 3 | | constitute compliance with this paragraph if the interest |
| 4 | | is either insubstantial or results directly from an |
| 5 | | interest held before becoming Chief Internal Auditor or |
| 6 | | deputy internal auditor; |
| 7 | | (9) conduct or supervise a post audit of any outside |
| 8 | | agency or vendor for which they were responsible or by |
| 9 | | which they were employed or with which they contracted |
| 10 | | during the preceding 4 years; and |
| 11 | | (10) make or report publicly any charges of |
| 12 | | nonfeasance or malfeasance in the office of any public |
| 13 | | official or illegal conduct of any person unless they know |
| 14 | | of reasonable grounds, based on accepted auditing and |
| 15 | | accounting standards, for the charges. |
| 16 | | (e) The Chief Internal Auditor may hire employees as may |
| 17 | | be necessary and appropriate to carry out the Chief Internal |
| 18 | | Auditor's duties, including Deputy Internal Auditors. The |
| 19 | | Chief Internal Auditor may determine the duties of all |
| 20 | | employees and may delegate the Chief Internal Auditor's power |
| 21 | | and authority to deputy internal auditors. |
| 22 | | (f) The Chief Internal Auditor may contract with certified |
| 23 | | public accountants licensed in Illinois, qualified management |
| 24 | | consultants, attorneys licensed in this State, and other |
| 25 | | persons or firms necessary to carry out the Chief Internal |
| 26 | | Auditor's duties. The Chief Internal Auditor may designate any |
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| 1 | | person with whom the Chief Internal Auditor contracts as a |
| 2 | | special assistant auditor for the purpose of conducting a post |
| 3 | | audit or investigation under the Chief Internal Auditor's |
| 4 | | supervision. The Chief Internal Auditor may delegate the Chief |
| 5 | | Internal Auditor's powers and authority respecting post audits |
| 6 | | and investigations to special assistant auditors other than |
| 7 | | the power of subpoena, but any delegation of authority to |
| 8 | | administer oaths or take depositions must be made in writing |
| 9 | | and limited to a particular audit or investigation. |
| 10 | | (g) The Chief Internal Auditor shall conduct a financial |
| 11 | | audit, a compliance audit, or other attestation engagement, as |
| 12 | | is appropriate to the Authority's operations under generally |
| 13 | | accepted government auditing standards, of each Authority |
| 14 | | agency at least once during every biennium. The general |
| 15 | | direction and supervision of the financial audit program may |
| 16 | | be delegated only to an individual who is a certified public |
| 17 | | accountant and a payroll employee under the control of the |
| 18 | | Chief Internal Auditor. In the conduct of financial audits, |
| 19 | | compliance audits, and other attestation engagements, the |
| 20 | | Chief Internal Auditor may inquire into and report upon |
| 21 | | matters properly within the scope of a performance audit, |
| 22 | | provided that the inquiry shall be limited to matters arising |
| 23 | | during the ordinary course of the financial audit. |
| 24 | | (h) The Chief Internal Auditor shall conduct a performance |
| 25 | | audit of an agency of the Authority when directed by the Board |
| 26 | | of the Authority. The directive may: |
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| 1 | | (1) require the Chief Internal Auditor to examine and |
| 2 | | report on specific management efficiencies or |
| 3 | | cost-effectiveness proposals specified therein; |
| 4 | | (2) in the case of a program audit, set forth specific |
| 5 | | program objectives, responsibilities, or duties or specify |
| 6 | | the program performance standards or program evaluation |
| 7 | | standards to be the basis of the program audit; |
| 8 | | (3) be directed at particular procedures or functions |
| 9 | | established by statute, ordinance, administrative rule, or |
| 10 | | precedent; and |
| 11 | | (4) require an examination and report upon specific |
| 12 | | proposals relating to Authority programs specified in the |
| 13 | | directive. |
| 14 | | (i) The Chief Internal Auditor may initiate and conduct a |
| 15 | | special audit whenever the Chief Internal Auditor determines |
| 16 | | it to be in the public interest. |
| 17 | | (j) The Chief Internal Auditor may initiate and conduct an |
| 18 | | economy and efficiency audit of an agency or program of the |
| 19 | | Authority whenever the findings of a post audit indicate that |
| 20 | | an economy and efficiency audit is advisable or in the public |
| 21 | | interest, if the Chief Internal Auditor has given the Board of |
| 22 | | the Authority at least 30 days prior notice of the Chief |
| 23 | | Internal Auditor's intention to conduct the audit and the |
| 24 | | Board of the Authority has not disapproved of that audit. |
| 25 | | (k) The Chief Internal Auditor may, at any time, make an |
| 26 | | informal inquiry of any agency of the Authority concerning its |
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| 1 | | obligation, receipt, expenditure, or use of Authority funds or |
| 2 | | other public funds, but an internal inquiry may not be in the |
| 3 | | nature of an investigation or post audit. |
| 4 | | (l) The Chief Internal Auditor may adopt rules |
| 5 | | establishing post audit standards consistent with attestation |
| 6 | | standards and auditing standards issued by the American |
| 7 | | Institute of Certified Public Accountants (AICPA), related |
| 8 | | AICPA Statements on Standards for Attestation Engagements, and |
| 9 | | in accordance with generally accepted government auditing |
| 10 | | standards current at the time the audit is commenced. |
| 11 | | (m) The Authority and the Service Boards, their officers, |
| 12 | | and their employees shall promptly comply with, and aid and |
| 13 | | assist the Chief Internal Auditor in the exercise of the Chief |
| 14 | | Internal Auditor's powers and duties under this Section. |
| 15 | | At the request of the Chief Internal Auditor, each agency |
| 16 | | of the Authority shall, without delay, make available to the |
| 17 | | Chief Internal Auditor or the Chief Internal Auditor's |
| 18 | | designated representative any record or information requested |
| 19 | | and shall provide for examination or copying all records, |
| 20 | | accounts, papers, reports, vouchers, correspondence, books, |
| 21 | | and other documentation in the custody of that agency, |
| 22 | | including information stored in electronic data processing |
| 23 | | systems, which is related to or within the scope of any audit |
| 24 | | or investigation under this Section. |
| 25 | | The Chief Internal Auditor shall report to the Board of |
| 26 | | the Authority each instance in which an agency of the |
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| 1 | | Authority fails to cooperate promptly and fully as required by |
| 2 | | this Section. |
| 3 | | The Chief Internal Auditor may institute and maintain any |
| 4 | | action or proceeding to secure compliance with this Section. |
| 5 | | (n) Upon completion of any audit, the Chief Internal |
| 6 | | Auditor shall issue an audit report that shall include: a |
| 7 | | precise statement of the scope of the audit or review; a |
| 8 | | statement of the material findings resulting from the audit; a |
| 9 | | statement of the underlying cause, evaluative criteria used, |
| 10 | | and the current and prospective significance thereof; and a |
| 11 | | statement of explanation or rebuttal that may have been |
| 12 | | submitted by the agency audited relevant to the audit findings |
| 13 | | included in the report. |
| 14 | | As part of this report the Chief Internal Auditor shall |
| 15 | | prepare a signed digest of the significant matters of the |
| 16 | | report and, as may be applicable, a concise statement of: |
| 17 | | (1) any actions taken or contemplated by persons or |
| 18 | | agencies after the completion of the audit but before the |
| 19 | | release of the report, which bear on matters in the |
| 20 | | report; |
| 21 | | (2) any actions the Chief Internal Auditor considers |
| 22 | | necessary or desirable; and |
| 23 | | (3) any other information the Chief Internal Auditor |
| 24 | | deems useful to the Board of the Authority in order to |
| 25 | | understand or act on any matters presented in the audit. |
| 26 | | All audit reports shall be maintained in the Office of the |
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| 1 | | Chief Internal Auditor as a public record, except to the |
| 2 | | extent that information contained in the report is made |
| 3 | | confidential or privileged by law. |
| 4 | | If the post audit of an agency of the Authority discloses |
| 5 | | an apparent violation of a penal statute or an apparent |
| 6 | | instance of misfeasance, malfeasance, or nonfeasance, by any |
| 7 | | person, relating to the obligation, expenditure, receipt, or |
| 8 | | use of public funds, the Chief Internal Auditor shall |
| 9 | | immediately make a written report to the Board of the |
| 10 | | Authority stating that to be the case and setting forth the |
| 11 | | underlying facts that have led to that conclusion. |
| 12 | | (o) By March 1, each year, the Chief Internal Auditor |
| 13 | | shall submit to the Board of the Authority an annual report |
| 14 | | summarizing all audits, investigations, and special studies |
| 15 | | made under this Section during the last preceding calendar |
| 16 | | year. The Chief Internal Auditor shall prepare and distribute |
| 17 | | other reports as may be required by the Board of the Authority. |
| 18 | | (p) If records or information are classified as |
| 19 | | confidential under law, then the records or information shall |
| 20 | | be disclosed to the Office of the Chief Internal Auditor as |
| 21 | | necessary and to the extent required for the performance of an |
| 22 | | authorized post audit. Federal tax information shall only be |
| 23 | | provided in accordance with federal law and regulations |
| 24 | | applicable to the safeguarding of federal tax information. |
| 25 | | Confidential records or information disclosed to the Office of |
| 26 | | the Chief Internal Auditor shall be subject to the same legal |
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| 1 | | confidentiality and protective restrictions in the Office of |
| 2 | | the Chief Internal Auditor as the records and information have |
| 3 | | in the hands of the official authorized custodian. Any |
| 4 | | penalties applicable to the officially authorized custodian or |
| 5 | | the custodian's employees for the violation of any |
| 6 | | confidentiality or protective restrictions applicable to the |
| 7 | | records or information shall also apply to the officers, |
| 8 | | employees, contractors, and agents of the Office of the Chief |
| 9 | | Internal Auditor. |
| 10 | | The Office of the Chief Internal Auditor may not publish |
| 11 | | any confidential information or records in any report, |
| 12 | | including data and statistics, if the information as published |
| 13 | | is directly or indirectly matchable to any individual. |
| 14 | | Inside the Office of the Chief Internal Auditor, |
| 15 | | confidential records or information may be used only for |
| 16 | | official purposes. Any officer, employee, contractor, or agent |
| 17 | | of the Office of the Chief Internal Auditor who violates any |
| 18 | | legal confidentiality or protective restriction governing any |
| 19 | | records or information shall be guilty of a Class A |
| 20 | | misdemeanor unless a greater penalty is otherwise provided by |
| 21 | | law.
|
| 22 | | (70 ILCS 3615/7.02 new) |
| 23 | | Sec. 7.02. Transition. |
| 24 | | (a) The Authority shall provide for an orderly transition |
| 25 | | of functions and responsibilities under this amendatory Act of |
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| 1 | | the 104th General Assembly through the development of a |
| 2 | | transition plan. As soon as is reasonably feasible after the |
| 3 | | effective date of this amendatory Act of the 104th General |
| 4 | | Assembly and before September 1, 2026, the Department of |
| 5 | | Transportation shall enter into a contract with a third party |
| 6 | | to assist with the transition plan, including the transition |
| 7 | | of certain functions between the Service Boards and the |
| 8 | | Authority. This contract shall also include a study of the |
| 9 | | functions outlined in subsection (e) to inform the optimum |
| 10 | | allocation of those functions to allow for the efficient |
| 11 | | exercise by the Authority of the powers under this Act and the |
| 12 | | Chicago Transit Authority Act, the Suburban Bus Division under |
| 13 | | Article 3A, the Commuter Rail Division under Article 3B, and |
| 14 | | the Chicago Transit Authority under the Chicago Transit |
| 15 | | Authority Act. |
| 16 | | (b) To assist the contracted third party and the |
| 17 | | Authority, a Transition Working Group shall be established and |
| 18 | | supported by the Authority that shall be consulted throughout |
| 19 | | the transition process. |
| 20 | | (1) The Transition Working Group shall be made up of |
| 21 | | 15 members, comprised of representatives from the |
| 22 | | Authority, each of the Service Boards, and at least one |
| 23 | | member from a statewide labor organization recognized |
| 24 | | under the National Labor Relations Act or the Railway |
| 25 | | Labor Act and resides within the 6-county metropolitan |
| 26 | | region of the Authority. |
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| 1 | | (2) The Transition Working Group shall meet regularly |
| 2 | | with the Authority and the hired third party throughout |
| 3 | | the duration of the contract to provide insight into the |
| 4 | | workings of the Authority and Service Boards. |
| 5 | | (3) As needed, the Transition Working Group shall |
| 6 | | convene and assemble other necessary staff of the Service |
| 7 | | Boards and the Authority to aid in the transition. |
| 8 | | (4) The Authority shall appoint the members of the |
| 9 | | Transition Working Group by October 1, 2026. |
| 10 | | (c) The Service Boards shall work closely with the |
| 11 | | Authority and provide all relevant data and information |
| 12 | | necessary to complete the transition plan. The Authority shall |
| 13 | | have access to and the right to examine and copy all books, |
| 14 | | documents, papers, records, or other source data of a Service |
| 15 | | Board relevant to any information submitted under this |
| 16 | | Section. |
| 17 | | (d) The Authority shall evaluate and propose a transition |
| 18 | | plan for each of the following: |
| 19 | | (1) Establishing a new process and coordination |
| 20 | | between the Authority and the Service Boards to create the |
| 21 | | 5-Year Capital Program. This process shall be established |
| 22 | | by January 1, 2027. |
| 23 | | (2) The creation of a universal fare instrument and |
| 24 | | necessary coordination between the Authority and the |
| 25 | | Service Boards. This process shall be established by July |
| 26 | | 1, 2027. |
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| 1 | | (3) The transition from the NITA Law Enforcement Task |
| 2 | | Force to a sworn law enforcement officer crime prevention |
| 3 | | program on public transportation and a crime prevention |
| 4 | | plan to protect public transportation employees and riders |
| 5 | | in the metropolitan region, as required by Section |
| 6 | | 2.11.10. |
| 7 | | (e) As part of the development of the transition plan, the |
| 8 | | Authority and the hired third party shall evaluate the |
| 9 | | existing policy processes performed by the Authority and each |
| 10 | | of the Service Boards and develop a process for efficient and |
| 11 | | effective operations by both the Authority and the Service |
| 12 | | Boards. |
| 13 | | (f) As part of the development of the transit plan, the |
| 14 | | Department of Transportation and the hired third party shall |
| 15 | | evaluate procurement, with special consideration given to the |
| 16 | | consolidation of bulk fuel purchases, information technology |
| 17 | | services, consulting contracts, and subscriptions of: |
| 18 | | (1) service planning; |
| 19 | | (2) grant administration; |
| 20 | | (3) marketing; |
| 21 | | (4) lobbying; |
| 22 | | (5) communications, media, and graphics design; |
| 23 | | (6) governmental and legislative affairs; and |
| 24 | | (7) information technology. |
| 25 | | (g) The hired third-party shall evaluate existing |
| 26 | | paratransit programs and produce recommendations for improved |
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| 1 | | coordination and service. The recommendations may include, but |
| 2 | | are not limited to, improved coordination of paratransit and |
| 3 | | accessible mainline transportation services, and other |
| 4 | | measures to improve the customer and worker experience. These |
| 5 | | recommendations shall be brought to the Board by January 1, |
| 6 | | 2027 for review and approval. The Authority shall take action |
| 7 | | on these recommendations no later than April 1, 2027 and |
| 8 | | report back to the Board with progress January 1, 2028. |
| 9 | | (h) The Authority shall regularly report to the Board on |
| 10 | | the status of the transition effort and make recommendations |
| 11 | | for Board policies and actions. The Authority and the hired |
| 12 | | third party shall prepare and convey a summary of its |
| 13 | | activities and produce a final report of the transition |
| 14 | | activities already performed, future recommendations, and |
| 15 | | relevant data for the General Assembly by July 1, 2027. |
| 16 | | (i) The Authority shall implement the provisions of the |
| 17 | | transition plan by ordinance no later than July 1, 2027, |
| 18 | | notwithstanding any deadlines provided in this Section, and |
| 19 | | the Service Boards shall take any corresponding actions |
| 20 | | required.
|
| 21 | | (70 ILCS 3615/7.03 new) |
| 22 | | Sec. 7.03. ADA Advisory Council. |
| 23 | | (a) There is established an ADA Advisory Council. The |
| 24 | | Board shall appoint at least 5 and not more than 15 members to |
| 25 | | the ADA Advisory Council. |
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| 1 | | (b) The purpose of the ADA Advisory Council is to advise |
| 2 | | the Board of the Authority of the impact of Authority |
| 3 | | policies, programs, and public transportation services on |
| 4 | | disabled transit riders within the metropolitan region and to |
| 5 | | make recommendations for how to improve public transportation |
| 6 | | in the metropolitan region. |
| 7 | | (c) The Board shall strive to assemble an ADA 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) ADA Advisory Council members shall be appointed to |
| 13 | | terms of 5 years, may be reappointed to serve multiple terms, |
| 14 | | and may continue to serve after expiration of their terms |
| 15 | | until their successors are appointed. |
| 16 | | (e) The members of the ADA Advisory Council shall elect a |
| 17 | | Chair, who shall preside over meetings, which shall occur |
| 18 | | monthly or on such other schedule as is set by vote of the ADA |
| 19 | | Advisory Council and shall establish meeting agendas in |
| 20 | | consultation with fellow ADA Advisory Council members and the |
| 21 | | Authority. |
| 22 | | (f) Meetings of the ADA Advisory Council shall be held in |
| 23 | | compliance with the Open Meetings Act, and the public shall be |
| 24 | | given an opportunity to attend and comment on matters |
| 25 | | pertaining to the work of the ADA Advisory Council. |
| 26 | | (g) The Authority shall designate one or more staff |
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| 1 | | liaisons to provide technical support for the ADA Advisory |
| 2 | | Council and to facilitate direct communication between the ADA |
| 3 | | Advisory Council and those in the Authority responsible for |
| 4 | | delivering public transportation services. |
| 5 | | (h) The ADA 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 concerns pertaining to the quality, |
| 10 | | efficiency, safety, accessibility, and equity of mainline |
| 11 | | and paratransit public transportation services as they |
| 12 | | impact disabled riders; |
| 13 | | (3) assess the efficacy of Authority initiatives to |
| 14 | | protect the safety of disabled riders on the public |
| 15 | | transportation system; |
| 16 | | (4) prepare and convey recommendations to the |
| 17 | | Authority for how the Authority can improve the quality, |
| 18 | | efficiency, and equity of public transportation service |
| 19 | | for disabled riders in the metropolitan region; |
| 20 | | (5) serve as a resource for connecting disabled riders |
| 21 | | and disability advocacy organizations with those in the |
| 22 | | Authority responsible for delivering public transportation |
| 23 | | services; |
| 24 | | (6) advocate for funding, policies, and laws that |
| 25 | | shall improve public transportation in the metropolitan |
| 26 | | region; and |
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| 1 | | (7) serve as a resource for Authority staff to discuss |
| 2 | | proposed changes to services, policies, and technologies |
| 3 | | affecting disabled transit riders before those changes are |
| 4 | | implemented. |
| 5 | | (i) The Authority shall provide adequate technical support |
| 6 | | so the ADA Advisory Council can function effectively, provide |
| 7 | | regular briefing on service delivery issues and other topics |
| 8 | | of interest for transit riders, make staff responsible for |
| 9 | | delivery of public transportation services accessible to the |
| 10 | | ADA Advisory Council, give the ADA Advisory Council sufficient |
| 11 | | information and time to comment on proposed plans and |
| 12 | | policies, and take into account the comments and |
| 13 | | recommendations of the ADA Advisory Council before taking |
| 14 | | action on initiatives that impact public transit riders. |
| 15 | | (j) The Authority shall establish an Office of Disability |
| 16 | | of Policy and Planning, whose initial responsibilities shall |
| 17 | | include developing ADA-related training standards, complaint |
| 18 | | and comment procedures, paratransit eligibility criteria, and |
| 19 | | a regional Transit Accessibility Plan in collaboration with |
| 20 | | the ADA Advisory Committee. |
| 21 | | (k) Members of the ADA Advisory Council shall serve |
| 22 | | without compensation but shall be entitled to reimbursement of |
| 23 | | reasonable and necessary costs incurred in the performance of |
| 24 | | their duties. |
| 25 | | (l) ADA Advisory Council members are subject to public |
| 26 | | transportation usage requirements applicable to Directors.
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| 1 | | (70 ILCS 3615/7.04 new) |
| 2 | | Sec. 7.04. Riders Advisory Council. |
| 3 | | (a) There is established a Riders Advisory Council. The |
| 4 | | Board shall appoint at least 5 and not more than 15 members to |
| 5 | | the Riders Advisory Council. |
| 6 | | (b) The purpose of the Riders Advisory Council is to |
| 7 | | advise the Board of the Authority on the impact of Authority |
| 8 | | policies, programs, and public transportation services on |
| 9 | | transit riders within the metropolitan region and to make |
| 10 | | recommendations for how to improve public transportation in |
| 11 | | the metropolitan region. |
| 12 | | (c) The Board shall strive to assemble a Riders Advisory |
| 13 | | Council that is reflective of the diversity of the |
| 14 | | metropolitan region, the users of the various modes of public |
| 15 | | transportation, and the interests of the residents of the |
| 16 | | region in a strong public transportation system. |
| 17 | | (d) Members of the Riders Advisory Council shall be |
| 18 | | appointed to terms of 5 years, may be reappointed to serve |
| 19 | | multiple terms, and may continue to serve after expiration of |
| 20 | | their terms until their successors are appointed. |
| 21 | | (e) The members of the Riders Advisory Council shall elect |
| 22 | | a Chair, who shall preside over meetings, which shall occur |
| 23 | | monthly or on such other schedule as is set by vote of the |
| 24 | | Riders Advisory Council, and shall establish meeting agendas |
| 25 | | in consultation with fellow Riders Advisory Council members |
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| 1 | | and the Authority. |
| 2 | | (f) Meetings of the Riders Advisory Council shall be held |
| 3 | | in compliance with the Open Meetings Act, and the public shall |
| 4 | | be given an opportunity to attend and comment on matters |
| 5 | | pertaining to the work of the Riders Advisory Council. |
| 6 | | (g) The Authority shall designate one or more staff |
| 7 | | liaisons to provide technical support for the Riders Advisory |
| 8 | | Council and to facilitate direct communication between the |
| 9 | | Riders Advisory Council and those in the Authority responsible |
| 10 | | for delivering public transportation services. |
| 11 | | (h) The Riders Advisory Council shall: |
| 12 | | (1) review and comment on proposed Authority budgets, |
| 13 | | financial plans, capital programs, fare policies, and |
| 14 | | service standards; |
| 15 | | (2) convey rider concerns pertaining to the quality, |
| 16 | | efficiency, safety, accessibility, and equity of public |
| 17 | | transportation services; |
| 18 | | (3) assess the efficacy of Authority initiatives to |
| 19 | | protect the safety of riders on the public transportation |
| 20 | | system; |
| 21 | | (4) prepare and convey recommendations to the |
| 22 | | Authority for how the Authority can improve the quality, |
| 23 | | efficiency, and equity of public transportation service in |
| 24 | | the metropolitan region; |
| 25 | | (5) serve as a resource for connecting riders and |
| 26 | | rider advocacy organizations with those in the Authority |
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| 1 | | responsible for delivering public transportation services; |
| 2 | | (6) advocate for funding, policies, and laws that |
| 3 | | shall improve public transportation in the metropolitan |
| 4 | | region; and |
| 5 | | (7) serve as a resource for Authority staff to discuss |
| 6 | | proposed changes to services, policies, and technologies |
| 7 | | affecting transit riders before those changes are |
| 8 | | Implemented. |
| 9 | | (i) The Authority shall provide adequate technical support |
| 10 | | so the Riders Advisory Council can function effectively, |
| 11 | | provide regular briefing on service delivery issues and other |
| 12 | | topics of interest for transit riders, make staff responsible |
| 13 | | for delivery of public transportation services accessible to |
| 14 | | the Riders Advisory Council, give the Riders Advisory Council |
| 15 | | sufficient information and time to comment on proposed plans |
| 16 | | and policies, and take into account the comments and |
| 17 | | recommendations of the Riders Advisory Council before taking |
| 18 | | action on initiatives that impact public transit riders. |
| 19 | | (j) Members of the Riders Advisory Council shall serve |
| 20 | | without compensation but shall be entitled to reimbursement of |
| 21 | | reasonable and necessary costs incurred in the performance of |
| 22 | | their duties. |
| 23 | | (k) Riders Advisory Council members are subject to public |
| 24 | | transportation system usage requirements applicable to |
| 25 | | Directors.
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| 1 | | (70 ILCS 3615/2.13a rep.) |
| 2 | | (70 ILCS 3615/2.37 rep.) |
| 3 | | (70 ILCS 3615/3.08 rep.) |
| 4 | | (70 ILCS 3615/3.11 rep.) |
| 5 | | (70 ILCS 3615/3.12 rep.) |
| 6 | | (70 ILCS 3615/3A.10 rep.) |
| 7 | | (70 ILCS 3615/3A.11 rep.) |
| 8 | | (70 ILCS 3615/3A.15 rep.) |
| 9 | | (70 ILCS 3615/3A.16 rep.) |
| 10 | | (70 ILCS 3615/3B.09b rep.) |
| 11 | | (70 ILCS 3615/3B.10 rep.) |
| 12 | | (70 ILCS 3615/3B.11 rep.) |
| 13 | | (70 ILCS 3615/3B.14 rep.) |
| 14 | | (70 ILCS 3615/3B.15 rep.) |
| 15 | | (70 ILCS 3615/3B.25 rep.) |
| 16 | | Section 5-915. The Regional Transportation Authority Act |
| 17 | | is amended by repealing Sections 2.13a, 2.37, 3.08, 3.11, |
| 18 | | 3.12, 3A.10, 3A.11, 3A.15, 3A.16, 3B.09b, 3B.10, 3B.11, 3B.14, |
| 19 | | 3B.15, and 3B.25.
|
| 20 | | Section 5-920. The Illinois Vehicle Code is amended by |
| 21 | | changing Sections 11-208.8, 18c-7401, and 18c-7402 as follows:
|
| 22 | | (625 ILCS 5/11-208.8) |
| 23 | | Sec. 11-208.8. Automated speed enforcement systems in |
| 24 | | safety zones. |
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| 1 | | (a) As used in this Section: |
| 2 | | "Automated speed enforcement system" means a photographic |
| 3 | | device, radar device, laser device, or other electrical or |
| 4 | | mechanical device or devices installed or utilized in a safety |
| 5 | | zone and designed to record the speed of a vehicle and obtain a |
| 6 | | clear photograph or other recorded image of the vehicle and |
| 7 | | the vehicle's registration plate or digital registration plate |
| 8 | | while the driver is violating Article VI of Chapter 11 of this |
| 9 | | Code or a similar provision of a local ordinance. |
| 10 | | An automated speed enforcement system is a system, located |
| 11 | | in a safety zone which is under the jurisdiction of a |
| 12 | | municipality, that produces a recorded image of a motor |
| 13 | | vehicle's violation of a provision of this Code or a local |
| 14 | | ordinance and is designed to obtain a clear recorded image of |
| 15 | | the vehicle and the vehicle's license plate. The recorded |
| 16 | | image must also display the time, date, and location of the |
| 17 | | violation. |
| 18 | | "Owner" means the person or entity to whom the vehicle is |
| 19 | | registered. |
| 20 | | "Recorded image" means images recorded by an automated |
| 21 | | speed enforcement system on: |
| 22 | | (1) 2 or more photographs; |
| 23 | | (2) 2 or more microphotographs; |
| 24 | | (3) 2 or more electronic images; or |
| 25 | | (4) a video recording showing the motor vehicle and, |
| 26 | | on at least one image or portion of the recording, clearly |
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| 1 | | identifying the registration plate or digital registration |
| 2 | | plate number of the motor vehicle. |
| 3 | | "Safety zone" means an area that is within one-eighth of a |
| 4 | | mile from the nearest property line of any public or private |
| 5 | | elementary or secondary school, or from the nearest property |
| 6 | | line of any facility, area, or land owned by a school district |
| 7 | | that is used for educational purposes approved by the Illinois |
| 8 | | State Board of Education, not including school district |
| 9 | | headquarters or administrative buildings. A safety zone also |
| 10 | | includes an area that is within one-eighth of a mile from the |
| 11 | | nearest property line of any facility, area, or land owned by a |
| 12 | | park district used for recreational purposes. However, if any |
| 13 | | portion of a roadway is within either one-eighth mile radius, |
| 14 | | the safety zone also shall include the roadway extended to the |
| 15 | | furthest portion of the next furthest intersection. The term |
| 16 | | "safety zone" does not include any portion of the roadway |
| 17 | | known as Lake Shore Drive or any controlled access highway |
| 18 | | with 8 or more lanes of traffic. |
| 19 | | (a-5) The automated speed enforcement system shall be |
| 20 | | operational and violations shall be recorded only at the |
| 21 | | following times: |
| 22 | | (i) if the safety zone is based upon the property line |
| 23 | | of any facility, area, or land owned by a school district, |
| 24 | | only on school days and no earlier than 6 a.m. and no later |
| 25 | | than 8:30 p.m. if the school day is during the period of |
| 26 | | Monday through Thursday, or 9 p.m. if the school day is a |
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| 1 | | Friday; and |
| 2 | | (ii) if the safety zone is based upon the property |
| 3 | | line of any facility, area, or land owned by a park |
| 4 | | district, no earlier than one hour prior to the time that |
| 5 | | the facility, area, or land is open to the public or other |
| 6 | | patrons, and no later than one hour after the facility, |
| 7 | | area, or land is closed to the public or other patrons. |
| 8 | | (b) A municipality that produces a recorded image of a |
| 9 | | motor vehicle's violation of a provision of this Code or a |
| 10 | | local ordinance must make the recorded images of a violation |
| 11 | | accessible to the alleged violator by providing the alleged |
| 12 | | violator with a website address, accessible through the |
| 13 | | Internet. |
| 14 | | (c) Notwithstanding any penalties for any other violations |
| 15 | | of this Code, the owner of a motor vehicle used in a traffic |
| 16 | | violation recorded by an automated speed enforcement system |
| 17 | | shall be subject to the following penalties: |
| 18 | | (1) if the recorded speed is no less than 6 miles per |
| 19 | | hour and no more than 10 miles per hour over the legal |
| 20 | | speed limit, a civil penalty not exceeding $50, plus an |
| 21 | | additional penalty of not more than $50 for failure to pay |
| 22 | | the original penalty in a timely manner; or |
| 23 | | (2) if the recorded speed is more than 10 miles per |
| 24 | | hour over the legal speed limit, a civil penalty not |
| 25 | | exceeding $100, plus an additional penalty of not more |
| 26 | | than $100 for failure to pay the original penalty in a |
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| 1 | | timely manner. |
| 2 | | A penalty may not be imposed under this Section if the |
| 3 | | driver of the motor vehicle received a Uniform Traffic |
| 4 | | Citation from a police officer for a speeding violation |
| 5 | | occurring within one-eighth of a mile and 15 minutes of the |
| 6 | | violation that was recorded by the system. A violation for |
| 7 | | which a civil penalty is imposed under this Section is not a |
| 8 | | violation of a traffic regulation governing the movement of |
| 9 | | vehicles and may not be recorded on the driving record of the |
| 10 | | owner of the vehicle. A law enforcement officer is not |
| 11 | | required to be present or to witness the violation. No penalty |
| 12 | | may be imposed under this Section if the recorded speed of a |
| 13 | | vehicle is 5 miles per hour or less over the legal speed limit. |
| 14 | | The municipality may send, in the same manner that notices are |
| 15 | | sent under this Section, a speed violation warning notice |
| 16 | | where the violation involves a speed of 5 miles per hour or |
| 17 | | less above the legal speed limit. |
| 18 | | (d) For a municipality with a population under 2,000,000, |
| 19 | | 50% of gross revenue collected from the automated speed |
| 20 | | enforcement system shall be remitted to the Northern Illinois |
| 21 | | Transit Authority. The net proceeds that a municipality |
| 22 | | receives from civil penalties imposed under an automated speed |
| 23 | | enforcement system, after deducting all non-personnel and |
| 24 | | personnel costs associated with the operation and maintenance |
| 25 | | of such system, shall be expended or obligated by the |
| 26 | | municipality for the following purposes: |
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| 1 | | (i) public safety initiatives to ensure safe passage |
| 2 | | around schools, and to provide police protection and |
| 3 | | surveillance around schools and parks, including but not |
| 4 | | limited to: (1) personnel costs; and (2) non-personnel |
| 5 | | costs such as construction and maintenance of public |
| 6 | | safety infrastructure and equipment; |
| 7 | | (ii) initiatives to improve pedestrian and traffic |
| 8 | | safety; |
| 9 | | (iii) construction and maintenance of infrastructure |
| 10 | | within the municipality, including but not limited to |
| 11 | | roads and bridges; and |
| 12 | | (iv) after school programs. |
| 13 | | (e) For each violation of a provision of this Code or a |
| 14 | | local ordinance recorded by an automated speed enforcement |
| 15 | | system, the municipality having jurisdiction shall issue a |
| 16 | | written notice of the violation to the registered owner of the |
| 17 | | vehicle as the alleged violator. The notice shall be delivered |
| 18 | | to the registered owner of the vehicle, by mail, within 30 days |
| 19 | | after the Secretary of State notifies the municipality of the |
| 20 | | identity of the owner of the vehicle, but in no event later |
| 21 | | than 90 days after the violation. |
| 22 | | (f) The notice required under subsection (e) of this |
| 23 | | Section shall include: |
| 24 | | (1) the name and address of the registered owner of |
| 25 | | the vehicle; |
| 26 | | (2) the registration number of the motor vehicle |
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| 1 | | involved in the violation; |
| 2 | | (3) the violation charged; |
| 3 | | (4) the date, time, and location where the violation |
| 4 | | occurred; |
| 5 | | (5) a copy of the recorded image or images; |
| 6 | | (6) the amount of the civil penalty imposed and the |
| 7 | | date by which the civil penalty should be paid; |
| 8 | | (7) a statement that recorded images are evidence of a |
| 9 | | violation of a speed restriction; |
| 10 | | (8) a warning that failure to pay the civil penalty or |
| 11 | | to contest liability in a timely manner is an admission of |
| 12 | | liability; |
| 13 | | (9) a statement that the person may elect to proceed |
| 14 | | by: |
| 15 | | (A) paying the fine; or |
| 16 | | (B) challenging the charge in court, by mail, or |
| 17 | | by administrative hearing; and |
| 18 | | (10) a website address, accessible through the |
| 19 | | Internet, where the person may view the recorded images of |
| 20 | | the violation. |
| 21 | | (g) (Blank). |
| 22 | | (h) Based on inspection of recorded images produced by an |
| 23 | | automated speed enforcement system, a notice alleging that the |
| 24 | | violation occurred shall be evidence of the facts contained in |
| 25 | | the notice and admissible in any proceeding alleging a |
| 26 | | violation under this Section. |
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| 1 | | (i) Recorded images made by an automated speed enforcement |
| 2 | | system are confidential and shall be made available only to |
| 3 | | the alleged violator and governmental and law enforcement |
| 4 | | agencies for purposes of adjudicating a violation of this |
| 5 | | Section, for statistical purposes, or for other governmental |
| 6 | | purposes. Any recorded image evidencing a violation of this |
| 7 | | Section, however, may be admissible in any proceeding |
| 8 | | resulting from the issuance of the citation. |
| 9 | | (j) The court or hearing officer may consider in defense |
| 10 | | of a violation: |
| 11 | | (1) that the motor vehicle or registration plates or |
| 12 | | digital registration plates of the motor vehicle were |
| 13 | | stolen before the violation occurred and not under the |
| 14 | | control or in the possession of the owner or lessee at the |
| 15 | | time of the violation; |
| 16 | | (1.5) that the motor vehicle was hijacked before the |
| 17 | | violation occurred and not under the control of or in the |
| 18 | | possession of the owner or lessee at the time of the |
| 19 | | violation; |
| 20 | | (2) that the driver of the motor vehicle received a |
| 21 | | Uniform Traffic Citation from a police officer for a |
| 22 | | speeding violation occurring within one-eighth of a mile |
| 23 | | and 15 minutes of the violation that was recorded by the |
| 24 | | system; and |
| 25 | | (3) any other evidence or issues provided by municipal |
| 26 | | ordinance. |
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| 1 | | (k) To demonstrate that the motor vehicle was hijacked or |
| 2 | | the motor vehicle or registration plates or digital |
| 3 | | registration plates were stolen before the violation occurred |
| 4 | | and were not under the control or possession of the owner or |
| 5 | | lessee at the time of the violation, the owner or lessee must |
| 6 | | submit proof that a report concerning the motor vehicle or |
| 7 | | registration plates was filed with a law enforcement agency in |
| 8 | | a timely manner. |
| 9 | | (l) A roadway equipped with an automated speed enforcement |
| 10 | | system shall be posted with a sign conforming to the national |
| 11 | | Manual on Uniform Traffic Control Devices that is visible to |
| 12 | | approaching traffic stating that vehicle speeds are being |
| 13 | | photo-enforced and indicating the speed limit. The |
| 14 | | municipality shall install such additional signage as it |
| 15 | | determines is necessary to give reasonable notice to drivers |
| 16 | | as to where automated speed enforcement systems are installed. |
| 17 | | (m) A roadway where a new automated speed enforcement |
| 18 | | system is installed shall be posted with signs providing 30 |
| 19 | | days notice of the use of a new automated speed enforcement |
| 20 | | system prior to the issuance of any citations through the |
| 21 | | automated speed enforcement system. |
| 22 | | (n) The compensation paid for an automated speed |
| 23 | | enforcement system must be based on the value of the equipment |
| 24 | | or the services provided and may not be based on the number of |
| 25 | | traffic citations issued or the revenue generated by the |
| 26 | | system. |
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| 1 | | (n-1) No member of the General Assembly and no officer or |
| 2 | | employee of a municipality or county shall knowingly accept |
| 3 | | employment or receive compensation or fees for services from a |
| 4 | | vendor that provides automated speed enforcement system |
| 5 | | equipment or services to municipalities or counties. No former |
| 6 | | member of the General Assembly shall, within a period of 2 |
| 7 | | years immediately after the termination of service as a member |
| 8 | | of the General Assembly, knowingly accept employment or |
| 9 | | receive compensation or fees for services from a vendor that |
| 10 | | provides automated speed enforcement system equipment or |
| 11 | | services to municipalities or counties. No former officer or |
| 12 | | employee of a municipality or county shall, within a period of |
| 13 | | 2 years immediately after the termination of municipal or |
| 14 | | county employment, knowingly accept employment or receive |
| 15 | | compensation or fees for services from a vendor that provides |
| 16 | | automated speed enforcement system equipment or services to |
| 17 | | municipalities or counties. |
| 18 | | (o) (Blank). |
| 19 | | (p) No person who is the lessor of a motor vehicle pursuant |
| 20 | | to a written lease agreement shall be liable for an automated |
| 21 | | speed or traffic law enforcement system violation involving |
| 22 | | such motor vehicle during the period of the lease; provided |
| 23 | | that upon the request of the appropriate authority received |
| 24 | | within 120 days after the violation occurred, the lessor |
| 25 | | provides within 60 days after such receipt the name and |
| 26 | | address of the lessee. The drivers license number of a lessee |
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| 1 | | may be subsequently individually requested by the appropriate |
| 2 | | authority if needed for enforcement of this Section. |
| 3 | | Upon the provision of information by the lessor pursuant |
| 4 | | to this subsection, the municipality may issue the violation |
| 5 | | to the lessee of the vehicle in the same manner as it would |
| 6 | | issue a violation to a registered owner of a vehicle pursuant |
| 7 | | to this Section, and the lessee may be held liable for the |
| 8 | | violation. |
| 9 | | (q) A municipality using an automated speed enforcement |
| 10 | | system must provide notice to drivers by publishing the |
| 11 | | locations of all safety zones where system equipment is |
| 12 | | installed on the website of the municipality. |
| 13 | | (r) A municipality operating an automated speed |
| 14 | | enforcement system shall conduct a statistical analysis to |
| 15 | | assess the safety impact of the system following installation |
| 16 | | of the system and every 2 years thereafter. A municipality |
| 17 | | operating an automated speed enforcement system before the |
| 18 | | effective date of this amendatory Act of the 103rd General |
| 19 | | Assembly shall conduct a statistical analysis to assess the |
| 20 | | safety impact of the system by no later than one year after the |
| 21 | | effective date of this amendatory Act of the 103rd General |
| 22 | | Assembly and every 2 years thereafter. Each statistical |
| 23 | | analysis shall be based upon the best available crash, |
| 24 | | traffic, and other data, and shall cover a period of time |
| 25 | | before and after installation of the system sufficient to |
| 26 | | provide a statistically valid comparison of safety impact. |
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| 1 | | Each statistical analysis shall be consistent with |
| 2 | | professional judgment and acceptable industry practice. Each |
| 3 | | statistical analysis also shall be consistent with the data |
| 4 | | required for valid comparisons of before and after conditions |
| 5 | | and shall be conducted within a reasonable period following |
| 6 | | the installation of the automated traffic law enforcement |
| 7 | | system. Each statistical analysis required by this subsection |
| 8 | | shall be made available to the public and shall be published on |
| 9 | | the website of the municipality. |
| 10 | | (s) This Section applies only to municipalities within the |
| 11 | | following counties: Cook; DuPage; Kane; Lake; McHenry; and |
| 12 | | Will. with a population of 1,000,000 or more inhabitants. |
| 13 | | (t) If a county or municipality selects a new vendor for |
| 14 | | its automated speed enforcement system and must, as a |
| 15 | | consequence, apply for a permit, approval, or other |
| 16 | | authorization from the Department for reinstallation of one or |
| 17 | | more malfunctioning components of that system and if, at the |
| 18 | | time of the application for the permit, approval, or other |
| 19 | | authorization, the new vendor operates an automated speed |
| 20 | | enforcement system for any other county or municipality in the |
| 21 | | State, then the Department shall approve or deny the county or |
| 22 | | municipality's application for the permit, approval, or other |
| 23 | | authorization within 90 days after its receipt. |
| 24 | | (u) The Department may revoke any permit, approval, or |
| 25 | | other authorization granted to a county or municipality for |
| 26 | | the placement, installation, or operation of an automated |
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| 1 | | speed enforcement system if any official or employee who |
| 2 | | serves that county or municipality is charged with bribery, |
| 3 | | official misconduct, or a similar crime related to the |
| 4 | | placement, installation, or operation of the automated speed |
| 5 | | enforcement system in the county or municipality. |
| 6 | | The Department shall adopt any rules necessary to |
| 7 | | implement and administer this subsection. The rules adopted by |
| 8 | | the Department shall describe the revocation process, shall |
| 9 | | ensure that notice of the revocation is provided, and shall |
| 10 | | provide an opportunity to appeal the revocation. Any county or |
| 11 | | municipality that has a permit, approval, or other |
| 12 | | authorization revoked under this subsection may not reapply |
| 13 | | for such a permit, approval, or other authorization for a |
| 14 | | period of 1 year after the revocation. |
| 15 | | (v) If an automated speed enforcement system is removed or |
| 16 | | rendered inoperable due to construction, then the Department |
| 17 | | shall authorize the reinstallation or use of the automated |
| 18 | | speed enforcement system within 30 days after the construction |
| 19 | | is complete. |
| 20 | | (Source: P.A. 102-905, eff. 1-1-23; 103-364, eff. 7-28-23.)
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| 21 | | (625 ILCS 5/18c-7401) (from Ch. 95 1/2, par. 18c-7401) |
| 22 | | Sec. 18c-7401. Safety requirements for track, facilities, |
| 23 | | and equipment. |
| 24 | | (1) General Requirements. Each rail carrier shall, |
| 25 | | consistent with rules, orders, and regulations of the Federal |
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| 1 | | Railroad Administration, construct, maintain, and operate all |
| 2 | | of its equipment, track, and other property in this State in |
| 3 | | such a manner as to pose no undue risk to its employees or the |
| 4 | | person or property of any member of the public. |
| 5 | | (2) Adoption of Federal Standards. The track safety |
| 6 | | standards and accident/incident standards promulgated by the |
| 7 | | Federal Railroad Administration shall be safety standards of |
| 8 | | the Commission. The Commission may, in addition, adopt by |
| 9 | | reference in its regulations other federal railroad safety |
| 10 | | standards, whether contained in federal statutes or in |
| 11 | | regulations adopted pursuant to such statutes. |
| 12 | | (3) Railroad Crossings. No public road, highway, or street |
| 13 | | shall hereafter be constructed across the track of any rail |
| 14 | | carrier at grade, nor shall the track of any rail carrier be |
| 15 | | constructed across a public road, highway or street at grade, |
| 16 | | without having first secured the permission of the Commission; |
| 17 | | provided, that this Section shall not apply to the replacement |
| 18 | | of lawfully existing roads, highways, and tracks. No public |
| 19 | | pedestrian bridge or subway shall be constructed across the |
| 20 | | track of any rail carrier without having first secured the |
| 21 | | permission of the Commission. The Commission shall have the |
| 22 | | right to refuse its permission or to grant it upon such terms |
| 23 | | and conditions as it may prescribe. The Commission shall have |
| 24 | | power to determine and prescribe the manner, including the |
| 25 | | particular point of crossing, and the terms of installation, |
| 26 | | operation, maintenance, use, and protection of each such |
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| 1 | | crossing. |
| 2 | | The Commission shall also have power, after a hearing, to |
| 3 | | require major alteration of or to abolish any crossing, |
| 4 | | heretofore or hereafter established, when in its opinion, the |
| 5 | | public safety requires such alteration or abolition, and, |
| 6 | | except in cities, villages, and incorporated towns of |
| 7 | | 1,000,000 or more inhabitants, to vacate and close that part |
| 8 | | of the highway on such crossing altered or abolished and cause |
| 9 | | barricades to be erected across such highway in such manner as |
| 10 | | to prevent the use of such crossing as a highway, when, in the |
| 11 | | opinion of the Commission, the public convenience served by |
| 12 | | the crossing in question is not such as to justify the further |
| 13 | | retention thereof; or to require a separation of grades, at |
| 14 | | railroad-highway grade crossings; or to require a separation |
| 15 | | of grades at any proposed crossing where a proposed public |
| 16 | | highway may cross the tracks of any rail carrier or carriers; |
| 17 | | and to prescribe, after a hearing of the parties, the terms |
| 18 | | upon which such separations shall be made and the proportion |
| 19 | | in which the expense of the alteration or abolition of such |
| 20 | | crossings or the separation of such grades, having regard to |
| 21 | | the benefits, if any, accruing to the rail carrier or any party |
| 22 | | in interest, shall be divided between the rail carrier or |
| 23 | | carriers affected, or between such carrier or carriers and the |
| 24 | | State, county, municipality or other public authority in |
| 25 | | interest. However, a public hearing by the Commission to |
| 26 | | abolish a crossing shall not be required when the public |
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| 1 | | highway authority in interest vacates the highway. In such |
| 2 | | instance the rail carrier, following notification to the |
| 3 | | Commission and the highway authority, shall remove any grade |
| 4 | | crossing warning devices and the grade crossing surface. |
| 5 | | The Commission shall also have power by its order to |
| 6 | | require the reconstruction, minor alteration, minor |
| 7 | | relocation, or improvement of any crossing (including the |
| 8 | | necessary highway approaches thereto) of any railroad across |
| 9 | | any highway or public road, pedestrian bridge, or pedestrian |
| 10 | | subway, whether such crossing be at grade or by overhead |
| 11 | | structure or by subway, whenever the Commission finds after a |
| 12 | | hearing or without a hearing as otherwise provided in this |
| 13 | | paragraph that such reconstruction, alteration, relocation, or |
| 14 | | improvement is necessary to preserve or promote the safety or |
| 15 | | convenience of the public or of the employees or passengers of |
| 16 | | such rail carrier or carriers. By its original order or |
| 17 | | supplemental orders in such case, the Commission may direct |
| 18 | | such reconstruction, alteration, relocation, or improvement to |
| 19 | | be made in such manner and upon such terms and conditions as |
| 20 | | may be reasonable and necessary and may apportion the cost of |
| 21 | | such reconstruction, alteration, relocation, or improvement |
| 22 | | and the subsequent maintenance thereof, having regard to the |
| 23 | | benefits, if any, accruing to the railroad or any party in |
| 24 | | interest, between the rail carrier or carriers and public |
| 25 | | utilities affected, or between such carrier or carriers and |
| 26 | | public utilities and the State, county, municipality or other |
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| 1 | | public authority in interest. The cost to be so apportioned |
| 2 | | shall include the cost of changes or alterations in the |
| 3 | | equipment of public utilities affected as well as the cost of |
| 4 | | the relocation, diversion or establishment of any public |
| 5 | | highway, made necessary by such reconstruction, alteration, |
| 6 | | relocation, or improvement of said crossing. A hearing shall |
| 7 | | not be required in those instances when the Commission enters |
| 8 | | an order confirming a written stipulation in which the |
| 9 | | Commission, the public highway authority or other public |
| 10 | | authority in interest, the rail carrier or carriers affected, |
| 11 | | and in instances involving the use of the Grade Crossing |
| 12 | | Protection Fund, the Illinois Department of Transportation, |
| 13 | | agree on the reconstruction, alteration, relocation, or |
| 14 | | improvement and the subsequent maintenance thereof and the |
| 15 | | division of costs of such changes of any grade crossing |
| 16 | | (including the necessary highway approaches thereto) of any |
| 17 | | railroad across any highway, pedestrian bridge, or pedestrian |
| 18 | | subway. |
| 19 | | The Commission shall also have power to enter into |
| 20 | | stipulated agreements with a rail carrier or rail carriers or |
| 21 | | public authorities to fund, provide, install, and maintain |
| 22 | | safety treatments to deter trespassing on railroad property in |
| 23 | | accordance with paragraph (1) of Section 18c-7503 at locations |
| 24 | | approved by such rail carrier or rail carriers following a |
| 25 | | diagnostic evaluation between the Commission and the rail |
| 26 | | carrier or rail carriers, including any public authority in |
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| 1 | | interest or the Federal Railroad Administration, and to order |
| 2 | | the allocation of the cost of those treatments and their |
| 3 | | installation and maintenance from the Grade Crossing |
| 4 | | Protection Fund. Safety treatments approved under this |
| 5 | | paragraph by the Commission shall be deemed adequate and |
| 6 | | appropriate. |
| 7 | | Every rail carrier operating in the State of Illinois |
| 8 | | shall construct and maintain every highway crossing over its |
| 9 | | tracks within the State so that the roadway at the |
| 10 | | intersection shall be as flush with the rails as superelevated |
| 11 | | curves will allow, and, unless otherwise ordered by the |
| 12 | | Commission, shall construct and maintain the approaches |
| 13 | | thereto at a grade of not more than 5% within the right-of-way |
| 14 | | right of way for a distance of not less the 6 feet on each side |
| 15 | | of the centerline of such tracks; provided, that the grades at |
| 16 | | the approaches may be maintained in excess of 5% only when |
| 17 | | authorized by the Commission. |
| 18 | | Every rail carrier operating within this State shall |
| 19 | | remove from its right-of-way right of way at all |
| 20 | | railroad-highway grade crossings within the State, such brush, |
| 21 | | shrubbery, and trees as is reasonably practical for a distance |
| 22 | | of not less than 500 feet in either direction from each grade |
| 23 | | crossing. The Commission shall have power, upon its own |
| 24 | | motion, or upon complaint, and after having made proper |
| 25 | | investigation, to require the installation of adequate and |
| 26 | | appropriate luminous reflective warning signs, luminous |
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| 1 | | flashing signals, crossing gates illuminated at night, or |
| 2 | | other protective devices in order to promote and safeguard the |
| 3 | | health and safety of the public. Luminous flashing signal or |
| 4 | | crossing gate devices installed at grade crossings, which have |
| 5 | | been approved by the Commission, shall be deemed adequate and |
| 6 | | appropriate. The Commission shall have authority to determine |
| 7 | | the number, type, and location of such signs, signals, gates, |
| 8 | | or other protective devices which, however, shall conform as |
| 9 | | near as may be with generally recognized national standards, |
| 10 | | and the Commission shall have authority to prescribe the |
| 11 | | division of the cost of the installation and subsequent |
| 12 | | maintenance of such signs, signals, gates, or other protective |
| 13 | | devices between the rail carrier or carriers, the public |
| 14 | | highway authority or other public authority in interest, and |
| 15 | | in instances involving the use of the Grade Crossing |
| 16 | | Protection Fund, the Illinois Department of Transportation. |
| 17 | | Except where train crews provide flagging of the crossing to |
| 18 | | road users, yield signs shall be installed at all highway |
| 19 | | intersections with every grade crossing in this State that is |
| 20 | | not equipped with automatic warning devices, such as luminous |
| 21 | | flashing signals or crossing gate devices. A stop sign may be |
| 22 | | used in lieu of the yield sign when an engineering study |
| 23 | | conducted in cooperation with the highway authority and the |
| 24 | | Illinois Department of Transportation has determined that a |
| 25 | | stop sign is warranted. If the Commission has ordered the |
| 26 | | installation of luminous flashing signal or crossing gate |
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| 1 | | devices at a grade crossing not equipped with active warning |
| 2 | | devices, the Commission shall order the installation of |
| 3 | | temporary stop signs at the highway intersection with the |
| 4 | | grade crossing unless an engineering study has determined that |
| 5 | | a stop sign is not appropriate. If a stop sign is not |
| 6 | | appropriate, the Commission may order the installation of |
| 7 | | other appropriate supplemental signing as determined by an |
| 8 | | engineering study. The temporary signs shall remain in place |
| 9 | | until the luminous flashing signal or crossing gate devices |
| 10 | | have been installed. The rail carrier is responsible for the |
| 11 | | installation and subsequent maintenance of any required signs. |
| 12 | | The permanent signs shall be in place by July 1, 2011. |
| 13 | | No railroad may change or modify the warning device system |
| 14 | | at a railroad-highway grade crossing, including warning |
| 15 | | systems interconnected with highway traffic control signals, |
| 16 | | without having first received the approval of the Commission. |
| 17 | | The Commission shall have the further power, upon application, |
| 18 | | upon its own motion, or upon complaint and after having made |
| 19 | | proper investigation, to require the interconnection of grade |
| 20 | | crossing warning devices with traffic control signals at |
| 21 | | highway intersections located at or near railroad crossings |
| 22 | | within the distances described by the State Manual on Uniform |
| 23 | | Traffic Control Devices adopted pursuant to Section 11-301 of |
| 24 | | this Code. In addition, State and local authorities may not |
| 25 | | install, remove, modernize, or otherwise modify traffic |
| 26 | | control signals at a highway intersection that is |
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| 1 | | interconnected or proposed to be interconnected with grade |
| 2 | | crossing warning devices when the change affects the number, |
| 3 | | type, or location of traffic control devices on the track |
| 4 | | approach leg or legs of the intersection or the timing of the |
| 5 | | railroad preemption sequence of operation until the Commission |
| 6 | | has approved the installation, removal, modernization, or |
| 7 | | modification. Commission approval shall be limited to |
| 8 | | consideration of issues directly affecting the public safety |
| 9 | | at the railroad-highway grade crossing. The electrical circuit |
| 10 | | devices, alternate warning devices, and preemption sequences |
| 11 | | shall conform as nearly as possible, considering the |
| 12 | | particular characteristics of the crossing and intersection |
| 13 | | area, to the State manual adopted by the Illinois Department |
| 14 | | of Transportation pursuant to Section 11-301 of this Code and |
| 15 | | such federal standards as are made applicable by subsection |
| 16 | | (2) of this Section. In order to carry out this authority, the |
| 17 | | Commission shall have the authority to determine the number, |
| 18 | | type, and location of traffic control devices on the track |
| 19 | | approach leg or legs of the intersection and the timing of the |
| 20 | | railroad preemption sequence of operation. The Commission |
| 21 | | shall prescribe the division of costs for installation and |
| 22 | | maintenance of all devices required by this paragraph between |
| 23 | | the railroad or railroads and the highway authority in |
| 24 | | interest and in instances involving the use of the Grade |
| 25 | | Crossing Protection Fund or a State highway, the Illinois |
| 26 | | Department of Transportation. |
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| 1 | | Any person who unlawfully or maliciously removes, throws |
| 2 | | down, damages or defaces any sign, signal, gate, or other |
| 3 | | protective device, located at or near any public grade |
| 4 | | crossing, shall be guilty of a petty offense and fined not less |
| 5 | | than $50 nor more than $200 for each offense. In addition to |
| 6 | | fines levied under the provisions of this Section a person |
| 7 | | adjudged guilty hereunder may also be directed to make |
| 8 | | restitution for the costs of repair or replacement, or both, |
| 9 | | necessitated by his misconduct. |
| 10 | | It is the public policy of the State of Illinois to enhance |
| 11 | | public safety by establishing safe grade crossings. In order |
| 12 | | to implement this policy, the Illinois Commerce Commission is |
| 13 | | directed to conduct public hearings and to adopt specific |
| 14 | | criteria by July 1, 1994, that shall be adhered to by the |
| 15 | | Illinois Commerce Commission in determining if a grade |
| 16 | | crossing should be opened or abolished. The following factors |
| 17 | | shall be considered by the Illinois Commerce Commission in |
| 18 | | developing the specific criteria for opening and abolishing |
| 19 | | grade crossings: |
| 20 | | (a) timetable speed of passenger trains; |
| 21 | | (b) distance to an alternate crossing; |
| 22 | | (c) accident history for the last 5 years; |
| 23 | | (d) number of vehicular traffic and posted speed |
| 24 | | limits; |
| 25 | | (e) number of freight trains and their timetable |
| 26 | | speeds; |
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| 1 | | (f) the type of warning device present at the grade |
| 2 | | crossing; |
| 3 | | (g) alignments of the roadway and railroad, and the |
| 4 | | angle of intersection of those alignments; |
| 5 | | (h) use of the grade crossing by trucks carrying |
| 6 | | hazardous materials, vehicles carrying passengers for |
| 7 | | hire, and school buses; and |
| 8 | | (i) use of the grade crossing by emergency vehicles. |
| 9 | | The Illinois Commerce Commission, upon petition to open or |
| 10 | | abolish a grade crossing, shall enter an order opening or |
| 11 | | abolishing the crossing if it meets the specific criteria |
| 12 | | adopted by the Commission. |
| 13 | | Except as otherwise provided in this subsection (3), in no |
| 14 | | instance shall a grade crossing be permanently closed without |
| 15 | | public hearing first being held and notice of such hearing |
| 16 | | being published in an area newspaper of local general |
| 17 | | circulation. |
| 18 | | (4) Freight Trains; Radio Communications. The Commission |
| 19 | | shall after hearing and order require that every main line |
| 20 | | railroad freight train operating on main tracks outside of |
| 21 | | yard limits within this State shall be equipped with a radio |
| 22 | | communication system. The Commission after notice and hearing |
| 23 | | may grant exemptions from the requirements of this Section as |
| 24 | | to secondary and branch lines. |
| 25 | | (5) Railroad Bridges and Trestles; Walkway and Handrail. |
| 26 | | In cases in which the Commission finds the same to be practical |
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| 1 | | and necessary for safety of railroad employees, bridges and |
| 2 | | trestles, over and upon which railroad trains are operated, |
| 3 | | shall include as a part thereof, a safe and suitable walkway |
| 4 | | and handrail on one side only of such bridge or trestle, and |
| 5 | | such handrail shall be located at the outer edge of the walkway |
| 6 | | and shall provide a clearance of not less than 8 feet, 6 |
| 7 | | inches, from the center line of the nearest track, measured at |
| 8 | | right angles thereto. |
| 9 | | (6) Packages Containing Articles for First Aid to Injured |
| 10 | | on Trains. |
| 11 | | (a) All rail carriers shall provide a first aid kit |
| 12 | | that contains, at a minimum, those articles prescribed by |
| 13 | | the Commission, on each train or engine, for first aid to |
| 14 | | persons who may be injured in the course of the operation |
| 15 | | of such trains. |
| 16 | | (b) A vehicle, excluding a taxi cab used in an |
| 17 | | emergency situation, operated by a contract carrier |
| 18 | | transporting railroad employees in the course of their |
| 19 | | employment shall be equipped with a readily available |
| 20 | | first aid kit that contains, as a minimum, the same |
| 21 | | articles that are required on each train or engine. |
| 22 | | (7) Abandoned Bridges, Crossings, and Other Rail Plant. |
| 23 | | The Commission shall have authority, after notice and hearing, |
| 24 | | to order: |
| 25 | | (a) the removal of any abandoned railroad tracks from |
| 26 | | roads, streets or other thoroughfares in this State; and |
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| 1 | | (b) the removal of abandoned overhead railroad |
| 2 | | structures crossing highways, waterways, or railroads. |
| 3 | | The Commission may equitably apportion the cost of such |
| 4 | | actions between the rail carrier or carriers, public |
| 5 | | utilities, and the State, county, municipality, township, road |
| 6 | | district, or other public authority in interest. |
| 7 | | (8) Railroad-Highway Bridge Clearance. A vertical |
| 8 | | clearance of not less than 23 feet above the top of rail shall |
| 9 | | be provided for all new or reconstructed highway bridges |
| 10 | | constructed over a railroad track. The Commission may permit a |
| 11 | | lesser clearance if it determines that the 23-foot clearance |
| 12 | | standard cannot be justified based on engineering, |
| 13 | | operational, and economic conditions. |
| 14 | | (9) Right of Access To Railroad Property. |
| 15 | | (a) A community antenna television company franchised |
| 16 | | by a municipality or county pursuant to the Illinois |
| 17 | | Municipal Code or the Counties Code, respectively, shall |
| 18 | | not enter upon any real estate or rights-of-way in the |
| 19 | | possession or control of a railroad subject to the |
| 20 | | jurisdiction of the Illinois Commerce Commission unless |
| 21 | | the community antenna television company first complies |
| 22 | | with the applicable provisions of subparagraph (f) of |
| 23 | | Section 11-42-11.1 of the Illinois Municipal Code or |
| 24 | | subparagraph (f) of Section 5-1096 of the Counties Code. |
| 25 | | (b) Notwithstanding any provision of law to the |
| 26 | | contrary, this subsection (9) applies to all entries of |
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| 1 | | railroad rights-of-way involving a railroad subject to the |
| 2 | | jurisdiction of the Illinois Commerce Commission by a |
| 3 | | community antenna television company and shall govern in |
| 4 | | the event of any conflict with any other provision of law. |
| 5 | | (c) This subsection (9) applies to any entry upon any |
| 6 | | real estate or right-of-way in the possession or control |
| 7 | | of a railroad subject to the jurisdiction of the Illinois |
| 8 | | Commerce Commission for the purpose of or in connection |
| 9 | | with the construction, or installation of a community |
| 10 | | antenna television company's system or facilities |
| 11 | | commenced or renewed on or after August 22, 2017 (the |
| 12 | | effective date of Public Act 100-251). |
| 13 | | (d) Nothing in Public Act 100-251 shall be construed |
| 14 | | to prevent a railroad from negotiating other terms and |
| 15 | | conditions or the resolution of any dispute in relation to |
| 16 | | an entry upon or right of access as set forth in this |
| 17 | | subsection (9). |
| 18 | | (e) For purposes of this subsection (9): |
| 19 | | "Broadband service", "cable operator", and "holder" |
| 20 | | have the meanings given to those terms under Section |
| 21 | | 21-201 of the Public Utilities Act. |
| 22 | | "Community antenna television company" includes, in |
| 23 | | the case of real estate or rights-of-way in possession of |
| 24 | | or in control of a railroad, a holder, cable operator, or |
| 25 | | broadband service provider. |
| 26 | | (f) Beginning on August 22, 2017 (the effective date |
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| 1 | | of Public Act 100-251), the Transportation Division of the |
| 2 | | Illinois Commerce Commission shall include in its annual |
| 3 | | Crossing Safety Improvement Program report a brief |
| 4 | | description of the number of cases decided by the Illinois |
| 5 | | Commerce Commission and the number of cases that remain |
| 6 | | pending before the Illinois Commerce Commission under this |
| 7 | | subsection (9) for the period covered by the report. |
| 8 | | (10) The Commuter Rail Division of the Northern Illinois |
| 9 | | Transit Authority shall be treated as a rail carrier subject |
| 10 | | to the Illinois Commerce Commission's safety requirements for |
| 11 | | track, facilities, and equipment in accordance with Section |
| 12 | | 18c-7401 and eligible to receive money from the Grade Crossing |
| 13 | | Protection Fund or any fund of the State or other source |
| 14 | | available for purposes of promoting safety and separation of |
| 15 | | at-grade railroad crossings or highway improvements. |
| 16 | | (Source: P.A. 101-81, eff. 7-12-19; 102-16, eff. 6-17-21.)
|
| 17 | | (625 ILCS 5/18c-7402) (from Ch. 95 1/2, par. 18c-7402) |
| 18 | | Sec. 18c-7402. Safety requirements for railroad |
| 19 | | operations. |
| 20 | | (1) Obstruction of crossings. |
| 21 | | (a) Obstruction of emergency vehicles. Every railroad |
| 22 | | shall be operated in such a manner as to minimize |
| 23 | | obstruction of emergency vehicles at crossings. Where such |
| 24 | | obstruction occurs and the train crew is aware of the |
| 25 | | obstruction, the train crew shall immediately take any |
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| 1 | | action, consistent with safe operating procedure, |
| 2 | | necessary to remove the obstruction. In the Chicago and |
| 3 | | St. Louis switching districts, every railroad dispatcher |
| 4 | | or other person responsible for the movement of railroad |
| 5 | | equipment in a specific area who receives notification |
| 6 | | that railroad equipment is obstructing the movement of an |
| 7 | | emergency vehicle at any crossing within such area shall |
| 8 | | immediately notify the train crew through use of existing |
| 9 | | communication facilities. Upon notification, the train |
| 10 | | crew shall take immediate action in accordance with this |
| 11 | | paragraph. |
| 12 | | (b) Obstruction of highway at grade crossing |
| 13 | | prohibited. It is unlawful for a rail carrier to permit |
| 14 | | any train, railroad car or engine to obstruct public |
| 15 | | travel at a railroad-highway grade crossing for a period |
| 16 | | in excess of 10 minutes, except where such train or |
| 17 | | railroad car is continuously moving or cannot be moved by |
| 18 | | reason of circumstances over which the rail carrier has no |
| 19 | | reasonable control. |
| 20 | | In a county with a population of greater than |
| 21 | | 1,000,000, as determined by the most recent federal |
| 22 | | census, during the hours of 7:00 a.m. through 9:00 a.m. |
| 23 | | and 4:00 p.m. through 6:00 p.m. it is unlawful for a rail |
| 24 | | carrier to permit any single train or railroad car to |
| 25 | | obstruct public travel at a railroad-highway grade |
| 26 | | crossing in excess of a total of 10 minutes during a 30 |
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| 1 | | minute period, except where the train or railroad car |
| 2 | | cannot be moved by reason or circumstances over which the |
| 3 | | rail carrier has no reasonable control. Under no |
| 4 | | circumstances will a moving train be stopped for the |
| 5 | | purposes of issuing a citation related to this Section. |
| 6 | | However, no employee acting under the rules or orders |
| 7 | | of the rail carrier or its supervisory personnel may be |
| 8 | | prosecuted for a violation of this subsection (b). |
| 9 | | (c) Punishment for obstruction of grade crossing. Any |
| 10 | | rail carrier violating paragraph (b) of this subsection |
| 11 | | shall be guilty of a petty offense and fined not less than |
| 12 | | $200 nor more than $500 if the duration of the obstruction |
| 13 | | is in excess of 10 minutes but no longer than 15 minutes. |
| 14 | | If the duration of the obstruction exceeds 15 minutes the |
| 15 | | violation shall be a business offense and the following |
| 16 | | fines shall be imposed: if the duration of the obstruction |
| 17 | | is in excess of 15 minutes but no longer than 20 minutes, |
| 18 | | the fine shall be $500; if the duration of the obstruction |
| 19 | | is in excess of 20 minutes but no longer than 25 minutes, |
| 20 | | the fine shall be $700; if the duration of the obstruction |
| 21 | | is in excess of 25 minutes, but no longer than 30 minutes, |
| 22 | | the fine shall be $900; if the duration of the obstruction |
| 23 | | is in excess of 30 minutes but no longer than 35 minutes, |
| 24 | | the fine shall be $1,000; if the duration of the |
| 25 | | obstruction is in excess of 35 minutes, the fine shall be |
| 26 | | $1,000 plus an additional $500 for each 5 minutes of |
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| 1 | | obstruction in excess of 25 minutes of obstruction. |
| 2 | | (2) Other operational requirements. |
| 3 | | (a) Bell and whistle-crossings. Every rail carrier and |
| 4 | | the Commuter Rail Division of the Northern Illinois |
| 5 | | Transit Authority shall cause a bell, and a whistle or |
| 6 | | horn to be placed and kept on each locomotive, and shall |
| 7 | | cause the same to be rung or sounded by the engineer or |
| 8 | | fireman, at the distance of at least 1,320 feet, from the |
| 9 | | place where the railroad crosses or intersects any public |
| 10 | | highway, and shall be kept ringing or sounding until the |
| 11 | | highway is reached; provided that at crossings where the |
| 12 | | Commission shall by order direct, only after a hearing has |
| 13 | | been held to determine the public is reasonably and |
| 14 | | sufficiently protected, the rail carrier may be excused |
| 15 | | from giving warning provided by this paragraph. |
| 16 | | (a-5) The requirements of paragraph (a) of this |
| 17 | | subsection (2) regarding ringing a bell and sounding a |
| 18 | | whistle or horn do not apply at a railroad crossing that |
| 19 | | has a permanently installed automated audible warning |
| 20 | | device authorized by the Commission under Section |
| 21 | | 18c-7402.1 that sounds automatically when an approaching |
| 22 | | train is at least 1,320 feet from the crossing and that |
| 23 | | keeps sounding until the lead locomotive has crossed the |
| 24 | | highway. The engineer or fireman may ring the bell or |
| 25 | | sound the whistle or horn at a railroad crossing that has a |
| 26 | | permanently installed audible warning device. |
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| 1 | | (b) Speed limits. Each rail carrier shall operate its |
| 2 | | trains in compliance with speed limits set by the |
| 3 | | Commission. The Commission may set train speed limits only |
| 4 | | where such limits are necessitated by extraordinary |
| 5 | | circumstances affecting the public safety, and shall |
| 6 | | maintain such train speed limits in effect only for such |
| 7 | | time as the extraordinary circumstances prevail. |
| 8 | | The Commission and the Department of Transportation |
| 9 | | shall conduct a study of the relation between train speeds |
| 10 | | and railroad-highway grade crossing safety. The Commission |
| 11 | | shall report the findings of the study to the General |
| 12 | | Assembly no later than January 5, 1997. |
| 13 | | (c) Special speed limit; pilot project. The Commission |
| 14 | | and the Board of the Commuter Rail Division of the |
| 15 | | Northern Illinois Transit Regional Transportation |
| 16 | | Authority shall conduct a pilot project in the Village of |
| 17 | | Fox River Grove, the site of the fatal school bus crash at |
| 18 | | a railroad crossing on October 25, 1995, in order to |
| 19 | | improve railroad crossing safety. For this project, the |
| 20 | | Commission is directed to set the maximum train speed |
| 21 | | limit for Northern Illinois Transit Regional |
| 22 | | Transportation Authority trains at 50 miles per hour at |
| 23 | | intersections on that portion of the intrastate rail line |
| 24 | | located in the Village of Fox River Grove. If the Northern |
| 25 | | Illinois Transit Regional Transportation Authority |
| 26 | | deliberately fails to comply with this maximum speed |
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| 1 | | limit, then any entity, governmental or otherwise, that |
| 2 | | provides capital or operational funds to the Northern |
| 3 | | Illinois Transit Regional Transportation Authority shall |
| 4 | | appropriately reduce or eliminate that funding. The |
| 5 | | Commission shall report to the Governor and the General |
| 6 | | Assembly on the results of this pilot project in January |
| 7 | | 1999, January 2000, and January 2001. The Commission shall |
| 8 | | also submit a final report on the pilot project to the |
| 9 | | Governor and the General Assembly in January 2001. The |
| 10 | | provisions of this subsection (c), other than this |
| 11 | | sentence, are inoperative after February 1, 2001. |
| 12 | | (d) Freight train crew size. No rail carrier shall |
| 13 | | operate or cause to operate a train or light engine used in |
| 14 | | connection with the movement of freight unless it has an |
| 15 | | operating crew consisting of at least 2 individuals. The |
| 16 | | minimum freight train crew size indicated in this |
| 17 | | subsection (d) shall remain in effect until a federal law |
| 18 | | or rule encompassing the subject matter has been adopted. |
| 19 | | The Commission, with respect to freight train crew member |
| 20 | | size under this subsection (d), has the power to conduct |
| 21 | | evidentiary hearings, make findings, and issue and enforce |
| 22 | | orders, including sanctions under Section 18c-1704 of this |
| 23 | | Chapter. As used in this subsection (d), "train or light |
| 24 | | engine" does not include trains operated by a hostler |
| 25 | | service or utility employees. |
| 26 | | (3) Report and investigation of rail accidents. |
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| 1 | | (a) Reports. Every rail carrier and the Commuter Rail |
| 2 | | Division of the Northern Illinois Transit Authority shall |
| 3 | | report to the Commission, by the speediest means possible, |
| 4 | | whether telephone, telegraph, or otherwise, every accident |
| 5 | | involving its equipment, track, or other property which |
| 6 | | resulted in loss of life to any person. In addition, such |
| 7 | | carriers shall file a written report with the Commission. |
| 8 | | Reports submitted under this paragraph shall be strictly |
| 9 | | confidential, shall be specifically prohibited from |
| 10 | | disclosure, and shall not be admissible in any |
| 11 | | administrative or judicial proceeding relating to the |
| 12 | | accidents reported. |
| 13 | | (b) Investigations. The Commission may investigate all |
| 14 | | railroad accidents reported to it or of which it acquires |
| 15 | | knowledge independent of reports made by rail carriers or |
| 16 | | the Commuter Rail Division of the Northern Illinois |
| 17 | | Transit Authority, and shall have the power, consistent |
| 18 | | with standards and procedures established under the |
| 19 | | Federal Railroad Safety Act, as amended, to enter such |
| 20 | | temporary orders as will minimize the risk of future |
| 21 | | accidents pending notice, hearing, and final action by the |
| 22 | | Commission. |
| 23 | | (Source: P.A. 101-294, eff. 1-1-20; 102-982, eff. 7-1-23.)
|
| 24 | | Section 5-925. The Eminent Domain Act is amended by |
| 25 | | changing Section 15-5-15 as follows:
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| 1 | | (735 ILCS 30/15-5-15) |
| 2 | | Sec. 15-5-15. Eminent domain powers in ILCS Chapters 70 |
| 3 | | through 75. The following provisions of law may include |
| 4 | | express grants of the power to acquire property by |
| 5 | | condemnation or eminent domain:
|
| 6 | | (70 ILCS 5/8.02 and 5/9); Airport Authorities Act; airport |
| 7 | | authorities; for public airport facilities. |
| 8 | | (70 ILCS 5/8.05 and 5/9); Airport Authorities Act; airport |
| 9 | | authorities; for removal of airport hazards. |
| 10 | | (70 ILCS 5/8.06 and 5/9); Airport Authorities Act; airport |
| 11 | | authorities; for reduction of the height of objects or |
| 12 | | structures. |
| 13 | | (70 ILCS 10/4); Interstate Airport Authorities Act; interstate |
| 14 | | airport authorities; for general purposes. |
| 15 | | (70 ILCS 15/3); Kankakee River Valley Area Airport Authority |
| 16 | | Act; Kankakee River Valley Area Airport Authority; for |
| 17 | | acquisition of land for airports. |
| 18 | | (70 ILCS 200/2-20); Civic Center Code; civic center |
| 19 | | authorities; for grounds, centers, buildings, and parking. |
| 20 | | (70 ILCS 200/5-35); Civic Center Code; Aledo Civic Center |
| 21 | | Authority; for grounds, centers, buildings, and parking. |
| 22 | | (70 ILCS 200/10-15); Civic Center Code; Aurora Metropolitan |
| 23 | | Exposition, Auditorium and Office Building Authority; for |
| 24 | | grounds, centers, buildings, and parking. |
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| 1 | | (70 ILCS 200/15-40); Civic Center Code; Benton Civic Center |
| 2 | | Authority; for grounds, centers, buildings, and parking. |
| 3 | | (70 ILCS 200/20-15); Civic Center Code; Bloomington Civic |
| 4 | | Center Authority; for grounds, centers, buildings, and |
| 5 | | parking. |
| 6 | | (70 ILCS 200/35-35); Civic Center Code; Brownstown Park |
| 7 | | District Civic Center Authority; for grounds, centers, |
| 8 | | buildings, and parking. |
| 9 | | (70 ILCS 200/40-35); Civic Center Code; Carbondale Civic |
| 10 | | Center Authority; for grounds, centers, buildings, and |
| 11 | | parking. |
| 12 | | (70 ILCS 200/55-60); Civic Center Code; Chicago South Civic |
| 13 | | Center Authority; for grounds, centers, buildings, and |
| 14 | | parking. |
| 15 | | (70 ILCS 200/60-30); Civic Center Code; Collinsville |
| 16 | | Metropolitan Exposition, Auditorium and Office Building |
| 17 | | Authority; for grounds, centers, buildings, and parking. |
| 18 | | (70 ILCS 200/70-35); Civic Center Code; Crystal Lake Civic |
| 19 | | Center Authority; for grounds, centers, buildings, and |
| 20 | | parking. |
| 21 | | (70 ILCS 200/75-20); Civic Center Code; Decatur Metropolitan |
| 22 | | Exposition, Auditorium and Office Building Authority; for |
| 23 | | grounds, centers, buildings, and parking. |
| 24 | | (70 ILCS 200/80-15); Civic Center Code; DuPage County |
| 25 | | Metropolitan Exposition, Auditorium and Office Building |
| 26 | | Authority; for grounds, centers, buildings, and parking. |
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| 1 | | (70 ILCS 200/85-35); Civic Center Code; Elgin Metropolitan |
| 2 | | Exposition, Auditorium and Office Building Authority; for |
| 3 | | grounds, centers, buildings, and parking. |
| 4 | | (70 ILCS 200/95-25); Civic Center Code; Herrin Metropolitan |
| 5 | | Exposition, Auditorium and Office Building Authority; for |
| 6 | | grounds, centers, buildings, and parking. |
| 7 | | (70 ILCS 200/110-35); Civic Center Code; Illinois Valley Civic |
| 8 | | Center Authority; for grounds, centers, buildings, and |
| 9 | | parking. |
| 10 | | (70 ILCS 200/115-35); Civic Center Code; Jasper County Civic |
| 11 | | Center Authority; for grounds, centers, buildings, and |
| 12 | | parking. |
| 13 | | (70 ILCS 200/120-25); Civic Center Code; Jefferson County |
| 14 | | Metropolitan Exposition, Auditorium and Office Building |
| 15 | | Authority; for grounds, centers, buildings, and parking. |
| 16 | | (70 ILCS 200/125-15); Civic Center Code; Jo Daviess County |
| 17 | | Civic Center Authority; for grounds, centers, buildings, |
| 18 | | and parking. |
| 19 | | (70 ILCS 200/130-30); Civic Center Code; Katherine Dunham |
| 20 | | Metropolitan Exposition, Auditorium and Office Building |
| 21 | | Authority; for grounds, centers, buildings, and parking. |
| 22 | | (70 ILCS 200/145-35); Civic Center Code; Marengo Civic Center |
| 23 | | Authority; for grounds, centers, buildings, and parking. |
| 24 | | (70 ILCS 200/150-35); Civic Center Code; Mason County Civic |
| 25 | | Center Authority; for grounds, centers, buildings, and |
| 26 | | parking. |
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| 1 | | (70 ILCS 200/155-15); Civic Center Code; Matteson Metropolitan |
| 2 | | Civic Center Authority; for grounds, centers, buildings, |
| 3 | | and parking. |
| 4 | | (70 ILCS 200/160-35); Civic Center Code; Maywood Civic Center |
| 5 | | Authority; for grounds, centers, buildings, and parking. |
| 6 | | (70 ILCS 200/165-35); Civic Center Code; Melrose Park |
| 7 | | Metropolitan Exposition Auditorium and Office Building |
| 8 | | Authority; for grounds, centers, buildings, and parking. |
| 9 | | (70 ILCS 200/170-20); Civic Center Code; certain Metropolitan |
| 10 | | Exposition, Auditorium and Office Building Authorities; |
| 11 | | for general purposes. |
| 12 | | (70 ILCS 200/180-35); Civic Center Code; Normal Civic Center |
| 13 | | Authority; for grounds, centers, buildings, and parking. |
| 14 | | (70 ILCS 200/185-15); Civic Center Code; Oak Park Civic Center |
| 15 | | Authority; for grounds, centers, buildings, and parking. |
| 16 | | (70 ILCS 200/195-35); Civic Center Code; Ottawa Civic Center |
| 17 | | Authority; for grounds, centers, buildings, and parking. |
| 18 | | (70 ILCS 200/200-15); Civic Center Code; Pekin Civic Center |
| 19 | | Authority; for grounds, centers, buildings, and parking. |
| 20 | | (70 ILCS 200/205-15); Civic Center Code; Peoria Civic Center |
| 21 | | Authority; for grounds, centers, buildings, and parking. |
| 22 | | (70 ILCS 200/210-35); Civic Center Code; Pontiac Civic Center |
| 23 | | Authority; for grounds, centers, buildings, and parking. |
| 24 | | (70 ILCS 200/215-15); Civic Center Code; Illinois Quad City |
| 25 | | Civic Center Authority; for grounds, centers, buildings, |
| 26 | | and parking. |
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| 1 | | (70 ILCS 200/220-30); Civic Center Code; Quincy Metropolitan |
| 2 | | Exposition, Auditorium and Office Building Authority; for |
| 3 | | grounds, centers, buildings, and parking. |
| 4 | | (70 ILCS 200/225-35); Civic Center Code; Randolph County Civic |
| 5 | | Center Authority; for grounds, centers, buildings, and |
| 6 | | parking. |
| 7 | | (70 ILCS 200/230-35); Civic Center Code; River Forest |
| 8 | | Metropolitan Exposition, Auditorium and Office Building |
| 9 | | Authority; for grounds, centers, buildings, and parking. |
| 10 | | (70 ILCS 200/235-40); Civic Center Code; Riverside Civic |
| 11 | | Center Authority; for grounds, centers, buildings, and |
| 12 | | parking. |
| 13 | | (70 ILCS 200/245-35); Civic Center Code; Salem Civic Center |
| 14 | | Authority; for grounds, centers, buildings, and parking. |
| 15 | | (70 ILCS 200/255-20); Civic Center Code; Springfield |
| 16 | | Metropolitan Exposition and Auditorium Authority; for |
| 17 | | grounds, centers, and parking. |
| 18 | | (70 ILCS 200/260-35); Civic Center Code; Sterling Metropolitan |
| 19 | | Exposition, Auditorium and Office Building Authority; for |
| 20 | | grounds, centers, buildings, and parking. |
| 21 | | (70 ILCS 200/265-20); Civic Center Code; Vermilion County |
| 22 | | Metropolitan Exposition, Auditorium and Office Building |
| 23 | | Authority; for grounds, centers, buildings, and parking. |
| 24 | | (70 ILCS 200/270-35); Civic Center Code; Waukegan Civic Center |
| 25 | | Authority; for grounds, centers, buildings, and parking. |
| 26 | | (70 ILCS 200/275-35); Civic Center Code; West Frankfort Civic |
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| 1 | | Center Authority; for grounds, centers, buildings, and |
| 2 | | parking. |
| 3 | | (70 ILCS 200/280-20); Civic Center Code; Will County |
| 4 | | Metropolitan Exposition and Auditorium Authority; for |
| 5 | | grounds, centers, and parking. |
| 6 | | (70 ILCS 210/5); Metropolitan Pier and Exposition Authority |
| 7 | | Act; Metropolitan Pier and Exposition Authority; for |
| 8 | | general purposes, including quick-take power. |
| 9 | | (70 ILCS 405/22.04); Soil and Water Conservation Districts |
| 10 | | Act; soil and water conservation districts; for general |
| 11 | | purposes. |
| 12 | | (70 ILCS 410/10 and 410/12); Conservation District Act; |
| 13 | | conservation districts; for open space, wildland, scenic |
| 14 | | roadway, pathway, outdoor recreation, or other |
| 15 | | conservation benefits. |
| 16 | | (70 ILCS 503/25); Chanute-Rantoul National Aviation Center |
| 17 | | Redevelopment Commission Act; Chanute-Rantoul National |
| 18 | | Aviation Center Redevelopment Commission; for general |
| 19 | | purposes. |
| 20 | | (70 ILCS 507/15); Fort Sheridan Redevelopment Commission Act; |
| 21 | | Fort Sheridan Redevelopment Commission; for general |
| 22 | | purposes or to carry out comprehensive or redevelopment |
| 23 | | plans. |
| 24 | | (70 ILCS 520/8); Southwestern Illinois Development Authority |
| 25 | | Act; Southwestern Illinois Development Authority; for |
| 26 | | general purposes, including quick-take power. |
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| 1 | | (70 ILCS 605/4-17 and 605/5-7); Illinois Drainage Code; |
| 2 | | drainage districts; for general purposes. |
| 3 | | (70 ILCS 615/5 and 615/6); Chicago Drainage District Act; |
| 4 | | corporate authorities; for construction and maintenance of |
| 5 | | works. |
| 6 | | (70 ILCS 705/10); Fire Protection District Act; fire |
| 7 | | protection districts; for general purposes. |
| 8 | | (70 ILCS 750/20); Flood Prevention District Act; flood |
| 9 | | prevention districts; for general purposes. |
| 10 | | (70 ILCS 805/6); Downstate Forest Preserve District Act; |
| 11 | | certain forest preserve districts; for general purposes. |
| 12 | | (70 ILCS 805/18.8); Downstate Forest Preserve District Act; |
| 13 | | certain forest preserve districts; for recreational and |
| 14 | | cultural facilities. |
| 15 | | (70 ILCS 810/8); Cook County Forest Preserve District Act; |
| 16 | | Forest Preserve District of Cook County; for general |
| 17 | | purposes. |
| 18 | | (70 ILCS 810/38); Cook County Forest Preserve District Act; |
| 19 | | Forest Preserve District of Cook County; for recreational |
| 20 | | facilities. |
| 21 | | (70 ILCS 910/15 and 910/16); Hospital District Law; hospital |
| 22 | | districts; for hospitals or hospital facilities. |
| 23 | | (70 ILCS 915/3); Illinois Medical District Act; Illinois |
| 24 | | Medical District Commission; for general purposes. |
| 25 | | (70 ILCS 915/4.5); Illinois Medical District Act; Illinois |
| 26 | | Medical District Commission; quick-take power for the |
|
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| 1 | | Illinois State Police Forensic Science Laboratory |
| 2 | | (obsolete). |
| 3 | | (70 ILCS 920/5); Tuberculosis Sanitarium District Act; |
| 4 | | tuberculosis sanitarium districts; for tuberculosis |
| 5 | | sanitariums. |
| 6 | | (70 ILCS 925/20); Mid-Illinois Medical District Act; |
| 7 | | Mid-Illinois Medical District; for general purposes. |
| 8 | | (70 ILCS 930/20); Mid-America Medical District Act; |
| 9 | | Mid-America Medical District Commission; for general |
| 10 | | purposes. |
| 11 | | (70 ILCS 935/20); Roseland Community Medical District Act; |
| 12 | | medical district; for general purposes. |
| 13 | | (70 ILCS 1005/7); Mosquito Abatement District Act; mosquito |
| 14 | | abatement districts; for general purposes. |
| 15 | | (70 ILCS 1105/8); Museum District Act; museum districts; for |
| 16 | | general purposes. |
| 17 | | (70 ILCS 1205/7-1); Park District Code; park districts; for |
| 18 | | streets and other purposes. |
| 19 | | (70 ILCS 1205/8-1); Park District Code; park districts; for |
| 20 | | parks. |
| 21 | | (70 ILCS 1205/9-2 and 1205/9-4); Park District Code; park |
| 22 | | districts; for airports and landing fields. |
| 23 | | (70 ILCS 1205/11-2 and 1205/11-3); Park District Code; park |
| 24 | | districts; for State land abutting public water and |
| 25 | | certain access rights. |
| 26 | | (70 ILCS 1205/11.1-3); Park District Code; park districts; for |
|
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| 1 | | harbors. |
| 2 | | (70 ILCS 1225/2); Park Commissioners Land Condemnation Act; |
| 3 | | park districts; for street widening. |
| 4 | | (70 ILCS 1230/1 and 1230/1-a); Park Commissioners Water |
| 5 | | Control Act; park districts; for parks, boulevards, |
| 6 | | driveways, parkways, viaducts, bridges, or tunnels. |
| 7 | | (70 ILCS 1250/2); Park Commissioners Street Control (1889) |
| 8 | | Act; park districts; for boulevards or driveways. |
| 9 | | (70 ILCS 1290/1); Park District Aquarium and Museum Act; |
| 10 | | municipalities or park districts; for aquariums or |
| 11 | | museums. |
| 12 | | (70 ILCS 1305/2); Park District Airport Zoning Act; park |
| 13 | | districts; for restriction of the height of structures. |
| 14 | | (70 ILCS 1310/5); Park District Elevated Highway Act; park |
| 15 | | districts; for elevated highways. |
| 16 | | (70 ILCS 1505/15); Chicago Park District Act; Chicago Park |
| 17 | | District; for parks and other purposes. |
| 18 | | (70 ILCS 1505/25.1); Chicago Park District Act; Chicago Park |
| 19 | | District; for parking lots or garages. |
| 20 | | (70 ILCS 1505/26.3); Chicago Park District Act; Chicago Park |
| 21 | | District; for harbors. |
| 22 | | (70 ILCS 1570/5); Lincoln Park Commissioners Land Condemnation |
| 23 | | Act; Lincoln Park Commissioners; for land and interests in |
| 24 | | land, including riparian rights. |
| 25 | | (70 ILCS 1801/30); Alexander-Cairo Port District Act; |
| 26 | | Alexander-Cairo Port District; for general purposes. |
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| 1 | | (70 ILCS 1805/8); Havana Regional Port District Act; Havana |
| 2 | | Regional Port District; for general purposes. |
| 3 | | (70 ILCS 1810/7); Illinois International Port District Act; |
| 4 | | Illinois International Port District; for general |
| 5 | | purposes. |
| 6 | | (70 ILCS 1815/13); Illinois Valley Regional Port District Act; |
| 7 | | Illinois Valley Regional Port District; for general |
| 8 | | purposes. |
| 9 | | (70 ILCS 1820/4); Jackson-Union Counties Regional Port |
| 10 | | District Act; Jackson-Union Counties Regional Port |
| 11 | | District; for removal of airport hazards or reduction of |
| 12 | | the height of objects or structures. |
| 13 | | (70 ILCS 1820/5); Jackson-Union Counties Regional Port |
| 14 | | District Act; Jackson-Union Counties Regional Port |
| 15 | | District; for general purposes. |
| 16 | | (70 ILCS 1825/4.9); Joliet Regional Port District Act; Joliet |
| 17 | | Regional Port District; for removal of airport hazards. |
| 18 | | (70 ILCS 1825/4.10); Joliet Regional Port District Act; Joliet |
| 19 | | Regional Port District; for reduction of the height of |
| 20 | | objects or structures. |
| 21 | | (70 ILCS 1825/4.18); Joliet Regional Port District Act; Joliet |
| 22 | | Regional Port District; for removal of hazards from ports |
| 23 | | and terminals. |
| 24 | | (70 ILCS 1825/5); Joliet Regional Port District Act; Joliet |
| 25 | | Regional Port District; for general purposes. |
| 26 | | (70 ILCS 1830/7.1); Kaskaskia Regional Port District Act; |
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| 1 | | Kaskaskia Regional Port District; for removal of hazards |
| 2 | | from ports and terminals. |
| 3 | | (70 ILCS 1830/14); Kaskaskia Regional Port District Act; |
| 4 | | Kaskaskia Regional Port District; for general purposes. |
| 5 | | (70 ILCS 1831/30); Massac-Metropolis Port District Act; |
| 6 | | Massac-Metropolis Port District; for general purposes. |
| 7 | | (70 ILCS 1835/5.10); Mt. Carmel Regional Port District Act; |
| 8 | | Mt. Carmel Regional Port District; for removal of airport |
| 9 | | hazards. |
| 10 | | (70 ILCS 1835/5.11); Mt. Carmel Regional Port District Act; |
| 11 | | Mt. Carmel Regional Port District; for reduction of the |
| 12 | | height of objects or structures. |
| 13 | | (70 ILCS 1835/6); Mt. Carmel Regional Port District Act; Mt. |
| 14 | | Carmel Regional Port District; for general purposes. |
| 15 | | (70 ILCS 1837/30); Ottawa Port District Act; Ottawa Port |
| 16 | | District; for general purposes. |
| 17 | | (70 ILCS 1842/30 and 1842/35); Rock Island Regional Port |
| 18 | | District Act; Rock Island Regional Port District and |
| 19 | | participating municipalities; for general Port District |
| 20 | | purposes. |
| 21 | | (70 ILCS 1845/4.9); Seneca Regional Port District Act; Seneca |
| 22 | | Regional Port District; for removal of airport hazards. |
| 23 | | (70 ILCS 1845/4.10); Seneca Regional Port District Act; Seneca |
| 24 | | Regional Port District; for reduction of the height of |
| 25 | | objects or structures. |
| 26 | | (70 ILCS 1845/5); Seneca Regional Port District Act; Seneca |
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| 1 | | Regional Port District; for general purposes. |
| 2 | | (70 ILCS 1850/4); Shawneetown Regional Port District Act; |
| 3 | | Shawneetown Regional Port District; for removal of airport |
| 4 | | hazards or reduction of the height of objects or |
| 5 | | structures. |
| 6 | | (70 ILCS 1850/5); Shawneetown Regional Port District Act; |
| 7 | | Shawneetown Regional Port District; for general purposes. |
| 8 | | (70 ILCS 1855/4); Southwest Regional Port District Act; |
| 9 | | Southwest Regional Port District; for removal of airport |
| 10 | | hazards or reduction of the height of objects or |
| 11 | | structures. |
| 12 | | (70 ILCS 1855/5); Southwest Regional Port District Act; |
| 13 | | Southwest Regional Port District; for general purposes. |
| 14 | | (70 ILCS 1860/4); Tri-City Regional Port District Act; |
| 15 | | Tri-City Regional Port District; for removal of airport |
| 16 | | hazards. |
| 17 | | (70 ILCS 1860/5); Tri-City Regional Port District Act; |
| 18 | | Tri-City Regional Port District; for the development of |
| 19 | | facilities. |
| 20 | | (70 ILCS 1863/11); Upper Mississippi River International Port |
| 21 | | District Act; Upper Mississippi River International Port |
| 22 | | District; for general purposes. |
| 23 | | (70 ILCS 1865/4.9); Waukegan Port District Act; Waukegan Port |
| 24 | | District; for removal of airport hazards. |
| 25 | | (70 ILCS 1865/4.10); Waukegan Port District Act; Waukegan Port |
| 26 | | District; for restricting the height of objects or |
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| 1 | | structures. |
| 2 | | (70 ILCS 1865/5); Waukegan Port District Act; Waukegan Port |
| 3 | | District; for the development of facilities. |
| 4 | | (70 ILCS 1870/8); White County Port District Act; White County |
| 5 | | Port District; for the development of facilities. |
| 6 | | (70 ILCS 1905/16); Railroad Terminal Authority Act; Railroad |
| 7 | | Terminal Authority (Chicago); for general purposes. |
| 8 | | (70 ILCS 1915/25); Grand Avenue Railroad Relocation Authority |
| 9 | | Act; Grand Avenue Railroad Relocation Authority; for |
| 10 | | general purposes, including quick-take power (now |
| 11 | | obsolete). |
| 12 | | (70 ILCS 1935/25); Elmwood Park Grade Separation Authority |
| 13 | | Act; Elmwood Park Grade Separation Authority; for general |
| 14 | | purposes. |
| 15 | | (70 ILCS 2105/9b); River Conservancy Districts Act; river |
| 16 | | conservancy districts; for general purposes. |
| 17 | | (70 ILCS 2105/10a); River Conservancy Districts Act; river |
| 18 | | conservancy districts; for corporate purposes. |
| 19 | | (70 ILCS 2205/15); Sanitary District Act of 1907; sanitary |
| 20 | | districts; for corporate purposes. |
| 21 | | (70 ILCS 2205/18); Sanitary District Act of 1907; sanitary |
| 22 | | districts; for improvements and works. |
| 23 | | (70 ILCS 2205/19); Sanitary District Act of 1907; sanitary |
| 24 | | districts; for access to property. |
| 25 | | (70 ILCS 2305/8); North Shore Water Reclamation District Act; |
| 26 | | North Shore Water Reclamation District; for corporate |
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| 1 | | purposes. |
| 2 | | (70 ILCS 2305/15); North Shore Water Reclamation District Act; |
| 3 | | North Shore Water Reclamation District; for improvements. |
| 4 | | (70 ILCS 2405/7.9); Sanitary District Act of 1917; Sanitary |
| 5 | | District of Decatur; for carrying out agreements to sell, |
| 6 | | convey, or disburse treated wastewater to a private |
| 7 | | entity. |
| 8 | | (70 ILCS 2405/8); Sanitary District Act of 1917; sanitary |
| 9 | | districts; for corporate purposes. |
| 10 | | (70 ILCS 2405/15); Sanitary District Act of 1917; sanitary |
| 11 | | districts; for improvements. |
| 12 | | (70 ILCS 2405/16.9 and 2405/16.10); Sanitary District Act of |
| 13 | | 1917; sanitary districts; for waterworks. |
| 14 | | (70 ILCS 2405/17.2); Sanitary District Act of 1917; sanitary |
| 15 | | districts; for public sewer and water utility treatment |
| 16 | | works. |
| 17 | | (70 ILCS 2405/18); Sanitary District Act of 1917; sanitary |
| 18 | | districts; for dams or other structures to regulate water |
| 19 | | flow. |
| 20 | | (70 ILCS 2605/8); Metropolitan Water Reclamation District Act; |
| 21 | | Metropolitan Water Reclamation District; for corporate |
| 22 | | purposes. |
| 23 | | (70 ILCS 2605/16); Metropolitan Water Reclamation District |
| 24 | | Act; Metropolitan Water Reclamation District; quick-take |
| 25 | | power for improvements. |
| 26 | | (70 ILCS 2605/17); Metropolitan Water Reclamation District |
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| 1 | | Act; Metropolitan Water Reclamation District; for bridges. |
| 2 | | (70 ILCS 2605/35); Metropolitan Water Reclamation District |
| 3 | | Act; Metropolitan Water Reclamation District; for widening |
| 4 | | and deepening a navigable stream. |
| 5 | | (70 ILCS 2805/10); Sanitary District Act of 1936; sanitary |
| 6 | | districts; for corporate purposes. |
| 7 | | (70 ILCS 2805/24); Sanitary District Act of 1936; sanitary |
| 8 | | districts; for improvements. |
| 9 | | (70 ILCS 2805/26i and 2805/26j); Sanitary District Act of |
| 10 | | 1936; sanitary districts; for drainage systems. |
| 11 | | (70 ILCS 2805/27); Sanitary District Act of 1936; sanitary |
| 12 | | districts; for dams or other structures to regulate water |
| 13 | | flow. |
| 14 | | (70 ILCS 2805/32k); Sanitary District Act of 1936; sanitary |
| 15 | | districts; for water supply. |
| 16 | | (70 ILCS 2805/32l); Sanitary District Act of 1936; sanitary |
| 17 | | districts; for waterworks. |
| 18 | | (70 ILCS 2905/2-7); Metro-East Sanitary District Act of 1974; |
| 19 | | Metro-East Sanitary District; for corporate purposes. |
| 20 | | (70 ILCS 2905/2-8); Metro-East Sanitary District Act of 1974; |
| 21 | | Metro-East Sanitary District; for access to property. |
| 22 | | (70 ILCS 3010/10); Sanitary District Revenue Bond Act; |
| 23 | | sanitary districts; for sewerage systems. |
| 24 | | (70 ILCS 3205/12); Illinois Sports Facilities Authority Act; |
| 25 | | Illinois Sports Facilities Authority; quick-take power for |
| 26 | | its corporate purposes (obsolete). |
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| 1 | | (70 ILCS 3405/16); Surface Water Protection District Act; |
| 2 | | surface water protection districts; for corporate |
| 3 | | purposes. |
| 4 | | (70 ILCS 3605/7); Chicago Metropolitan Transit Authority Act; |
| 5 | | Chicago Transit Authority; for transportation systems. |
| 6 | | (70 ILCS 3605/8); Chicago Metropolitan Transit Authority Act; |
| 7 | | Chicago Transit Authority; for general purposes. |
| 8 | | (70 ILCS 3605/10); Chicago Metropolitan Transit Authority Act; |
| 9 | | Chicago Transit Authority; for general purposes, including |
| 10 | | railroad property. |
| 11 | | (70 ILCS 3610/3 and 3610/5); Local Mass Transit District Act; |
| 12 | | local mass transit districts; for general purposes. |
| 13 | | (70 ILCS 3615/2.13); Northern Illinois Transit Regional |
| 14 | | Transportation Authority Act; Northern Illinois Transit |
| 15 | | Regional Transportation Authority; for general purposes. |
| 16 | | (70 ILCS 3705/8 and 3705/12); Public Water District Act; |
| 17 | | public water districts; for waterworks. |
| 18 | | (70 ILCS 3705/23a); Public Water District Act; public water |
| 19 | | districts; for sewerage properties. |
| 20 | | (70 ILCS 3705/23e); Public Water District Act; public water |
| 21 | | districts; for combined waterworks and sewerage systems. |
| 22 | | (70 ILCS 3715/6); Water Authorities Act; water authorities; |
| 23 | | for facilities to ensure adequate water supply. |
| 24 | | (70 ILCS 3715/27); Water Authorities Act; water authorities; |
| 25 | | for access to property. |
| 26 | | (75 ILCS 5/4-7); Illinois Local Library Act; boards of library |
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| 1 | | trustees; for library buildings. |
| 2 | | (75 ILCS 16/30-55.80); Public Library District Act of 1991; |
| 3 | | public library districts; for general purposes. |
| 4 | | (75 ILCS 65/1 and 65/3); Libraries in Parks Act; corporate |
| 5 | | authorities of city or park district, or board of park |
| 6 | | commissioners; for free public library buildings. |
| 7 | | (Source: Incorporates 98-564, eff. 8-27-13; P.A. 98-756, eff. |
| 8 | | 7-16-14; 99-669, eff. 7-29-16; revised 6-23-25.)
|
| 9 | | Article 10.
|
| 10 | | Section 10-5. The Open Meetings Act is amended by changing |
| 11 | | Section 2 as follows:
|
| 12 | | (5 ILCS 120/2) (from Ch. 102, par. 42) |
| 13 | | Sec. 2. Open meetings. |
| 14 | | (a) Openness required. All meetings of public bodies shall |
| 15 | | be open to the public unless excepted in subsection (c) and |
| 16 | | closed in accordance with Section 2a. |
| 17 | | (b) Construction of exceptions. The exceptions contained |
| 18 | | in subsection (c) are in derogation of the requirement that |
| 19 | | public bodies meet in the open, and therefore, the exceptions |
| 20 | | are to be strictly construed, extending only to subjects |
| 21 | | clearly within their scope. The exceptions authorize but do |
| 22 | | not require the holding of a closed meeting to discuss a |
| 23 | | subject included within an enumerated exception. |
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| 1 | | (c) Exceptions. A public body may hold closed meetings to |
| 2 | | consider the following subjects: |
| 3 | | (1) The appointment, employment, compensation, |
| 4 | | discipline, performance, or dismissal of specific |
| 5 | | employees, specific individuals who serve as independent |
| 6 | | contractors in a park, recreational, or educational |
| 7 | | setting, or specific volunteers of the public body or |
| 8 | | legal counsel for the public body, including hearing |
| 9 | | testimony on a complaint lodged against an employee, a |
| 10 | | specific individual who serves as an independent |
| 11 | | contractor in a park, recreational, or educational |
| 12 | | setting, or a volunteer of the public body or against |
| 13 | | legal counsel for the public body to determine its |
| 14 | | validity. However, a meeting to consider an increase in |
| 15 | | compensation to a specific employee of a public body that |
| 16 | | is subject to the Local Government Wage Increase |
| 17 | | Transparency Act may not be closed and shall be open to the |
| 18 | | public and posted and held in accordance with this Act. |
| 19 | | (2) Collective negotiating matters between the public |
| 20 | | body and its employees or their representatives, or |
| 21 | | deliberations concerning salary schedules for one or more |
| 22 | | classes of employees. |
| 23 | | (3) The selection of a person to fill a public office, |
| 24 | | as defined in this Act, including a vacancy in a public |
| 25 | | office, when the public body is given power to appoint |
| 26 | | under law or ordinance, or the discipline, performance or |
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| 1 | | removal of the occupant of a public office, when the |
| 2 | | public body is given power to remove the occupant under |
| 3 | | law or ordinance. |
| 4 | | (4) Evidence or testimony presented in open hearing, |
| 5 | | or in closed hearing where specifically authorized by law, |
| 6 | | to a quasi-adjudicative body, as defined in this Act, |
| 7 | | provided that the body prepares and makes available for |
| 8 | | public inspection a written decision setting forth its |
| 9 | | determinative reasoning. |
| 10 | | (4.5) Evidence or testimony presented to a school |
| 11 | | board regarding denial of admission to school events or |
| 12 | | property pursuant to Section 24-24 of the School Code, |
| 13 | | provided that the school board prepares and makes |
| 14 | | available for public inspection a written decision setting |
| 15 | | forth its determinative reasoning. |
| 16 | | (5) The purchase or lease of real property for the use |
| 17 | | of the public body, including meetings held for the |
| 18 | | purpose of discussing whether a particular parcel should |
| 19 | | be acquired. |
| 20 | | (6) The setting of a price for sale or lease of |
| 21 | | property owned by the public body. |
| 22 | | (7) The sale or purchase of securities, investments, |
| 23 | | or investment contracts. This exception shall not apply to |
| 24 | | the investment of assets or income of funds deposited into |
| 25 | | the Illinois Prepaid Tuition Trust Fund. |
| 26 | | (8) Security procedures, school building safety and |
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| 1 | | security, and the use of personnel and equipment to |
| 2 | | respond to an actual, a threatened, or a reasonably |
| 3 | | potential danger to the safety of employees, students, |
| 4 | | staff, the public, or public property. |
| 5 | | (9) Student disciplinary cases. |
| 6 | | (10) The placement of individual students in special |
| 7 | | education programs and other matters relating to |
| 8 | | individual students. |
| 9 | | (11) Litigation, when an action against, affecting or |
| 10 | | on behalf of the particular public body has been filed and |
| 11 | | is pending before a court or administrative tribunal, or |
| 12 | | when the public body finds that an action is probable or |
| 13 | | imminent, in which case the basis for the finding shall be |
| 14 | | recorded and entered into the minutes of the closed |
| 15 | | meeting. |
| 16 | | (12) The establishment of reserves or settlement of |
| 17 | | claims as provided in the Local Governmental and |
| 18 | | Governmental Employees Tort Immunity Act, if otherwise the |
| 19 | | disposition of a claim or potential claim might be |
| 20 | | prejudiced, or the review or discussion of claims, loss or |
| 21 | | risk management information, records, data, advice or |
| 22 | | communications from or with respect to any insurer of the |
| 23 | | public body or any intergovernmental risk management |
| 24 | | association or self-insurance self insurance pool of which |
| 25 | | the public body is a member. |
| 26 | | (13) Conciliation of complaints of discrimination in |
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| 1 | | the sale or rental of housing, when closed meetings are |
| 2 | | authorized by the law or ordinance prescribing fair |
| 3 | | housing practices and creating a commission or |
| 4 | | administrative agency for their enforcement. |
| 5 | | (14) Informant sources, the hiring or assignment of |
| 6 | | undercover personnel or equipment, or ongoing, prior or |
| 7 | | future criminal investigations, when discussed by a public |
| 8 | | body with criminal investigatory responsibilities. |
| 9 | | (15) Professional ethics or performance when |
| 10 | | considered by an advisory body appointed to advise a |
| 11 | | licensing or regulatory agency on matters germane to the |
| 12 | | advisory body's field of competence. |
| 13 | | (16) Self evaluation, practices and procedures or |
| 14 | | professional ethics, when meeting with a representative of |
| 15 | | a statewide association of which the public body is a |
| 16 | | member. |
| 17 | | (17) The recruitment, credentialing, discipline or |
| 18 | | formal peer review of physicians or other health care |
| 19 | | professionals, or for the discussion of matters protected |
| 20 | | under the federal Patient Safety and Quality Improvement |
| 21 | | Act of 2005, and the regulations promulgated thereunder, |
| 22 | | including 42 C.F.R. Part 3 (73 FR 70732), or the federal |
| 23 | | Health Insurance Portability and Accountability Act of |
| 24 | | 1996, and the regulations promulgated thereunder, |
| 25 | | including 45 C.F.R. Parts 160, 162, and 164, by a |
| 26 | | hospital, or other institution providing medical care, |
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| 1 | | that is operated by the public body. |
| 2 | | (18) Deliberations for decisions of the Prisoner |
| 3 | | Review Board. |
| 4 | | (19) Review or discussion of applications received |
| 5 | | under the Experimental Organ Transplantation Procedures |
| 6 | | Act. |
| 7 | | (20) The classification and discussion of matters |
| 8 | | classified as confidential or continued confidential by |
| 9 | | the State Government Suggestion Award Board. |
| 10 | | (21) Discussion of minutes of meetings lawfully closed |
| 11 | | under this Act, whether for purposes of approval by the |
| 12 | | body of the minutes or semi-annual review of the minutes |
| 13 | | as mandated by Section 2.06. |
| 14 | | (22) Deliberations for decisions of the State |
| 15 | | Emergency Medical Services Disciplinary Review Board. |
| 16 | | (23) The operation by a municipality of a municipal |
| 17 | | utility or the operation of a municipal power agency or |
| 18 | | municipal natural gas agency when the discussion involves |
| 19 | | (i) contracts relating to the purchase, sale, or delivery |
| 20 | | of electricity or natural gas or (ii) the results or |
| 21 | | conclusions of load forecast studies. |
| 22 | | (24) Meetings of a residential health care facility |
| 23 | | resident sexual assault and death review team or the |
| 24 | | Executive Council under the Abuse Prevention Review Team |
| 25 | | Act. |
| 26 | | (25) Meetings of an independent team of experts under |
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| 1 | | Brian's Law. |
| 2 | | (26) Meetings of a mortality review team appointed |
| 3 | | under the Department of Juvenile Justice Mortality Review |
| 4 | | Team Act. |
| 5 | | (27) (Blank). |
| 6 | | (28) Correspondence and records (i) that may not be |
| 7 | | disclosed under Section 11-9 of the Illinois Public Aid |
| 8 | | Code or (ii) that pertain to appeals under Section 11-8 of |
| 9 | | the Illinois Public Aid Code. |
| 10 | | (29) Meetings between internal or external auditors |
| 11 | | and governmental audit committees, finance committees, and |
| 12 | | their equivalents, when the discussion involves internal |
| 13 | | control weaknesses, identification of potential fraud risk |
| 14 | | areas, known or suspected frauds, and fraud interviews |
| 15 | | conducted in accordance with generally accepted auditing |
| 16 | | standards of the United States of America. |
| 17 | | (30) (Blank). |
| 18 | | (31) Meetings and deliberations for decisions of the |
| 19 | | Concealed Carry Licensing Review Board under the Firearm |
| 20 | | Concealed Carry Act. |
| 21 | | (32) Meetings between the Northern Illinois Transit |
| 22 | | Authority Board Regional Transportation Authority Board |
| 23 | | and its Service Boards when the discussion involves review |
| 24 | | by the Northern Illinois Transit Authority Board Regional |
| 25 | | Transportation Authority Board of employment contracts |
| 26 | | under Section 28d of the Chicago Transit Authority Act |
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| 1 | | Metropolitan Transit Authority Act and Sections 3A.18 and |
| 2 | | 3B.26 of the Northern Illinois Transit Authority Act |
| 3 | | Regional Transportation Authority Act. |
| 4 | | (33) Those meetings or portions of meetings of the |
| 5 | | advisory committee and peer review subcommittee created |
| 6 | | under Section 320 of the Illinois Controlled Substances |
| 7 | | Act during which specific controlled substance prescriber, |
| 8 | | dispenser, or patient information is discussed. |
| 9 | | (34) Meetings of the Tax Increment Financing Reform |
| 10 | | Task Force under Section 2505-800 of the Department of |
| 11 | | Revenue Law of the Civil Administrative Code of Illinois. |
| 12 | | (35) Meetings of the group established to discuss |
| 13 | | Medicaid capitation rates under Section 5-30.8 of the |
| 14 | | Illinois Public Aid Code. |
| 15 | | (36) Those deliberations or portions of deliberations |
| 16 | | for decisions of the Illinois Gaming Board in which there |
| 17 | | is discussed any of the following: (i) personal, |
| 18 | | commercial, financial, or other information obtained from |
| 19 | | any source that is privileged, proprietary, confidential, |
| 20 | | or a trade secret; or (ii) information specifically |
| 21 | | exempted from the disclosure by federal or State law. |
| 22 | | (37) Deliberations for decisions of the Illinois Law |
| 23 | | Enforcement Training Standards Board, the Certification |
| 24 | | Review Panel, and the Illinois State Police Merit Board |
| 25 | | regarding certification and decertification. |
| 26 | | (38) Meetings of the Ad Hoc Statewide Domestic |
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| 1 | | Violence Fatality Review Committee of the Illinois |
| 2 | | Criminal Justice Information Authority Board that occur in |
| 3 | | closed executive session under subsection (d) of Section |
| 4 | | 35 of the Domestic Violence Fatality Review Act. |
| 5 | | (39) Meetings of the regional review teams under |
| 6 | | subsection (a) of Section 75 of the Domestic Violence |
| 7 | | Fatality Review Act. |
| 8 | | (40) Meetings of the Firearm Owner's Identification |
| 9 | | Card Review Board under Section 10 of the Firearm Owners |
| 10 | | Identification Card Act. |
| 11 | | (d) Definitions. For purposes of this Section: |
| 12 | | "Employee" means a person employed by a public body whose |
| 13 | | relationship with the public body constitutes an |
| 14 | | employer-employee relationship under the usual common law |
| 15 | | rules, and who is not an independent contractor. |
| 16 | | "Public office" means a position created by or under the |
| 17 | | Constitution or laws of this State, the occupant of which is |
| 18 | | charged with the exercise of some portion of the sovereign |
| 19 | | power of this State. The term "public office" shall include |
| 20 | | members of the public body, but it shall not include |
| 21 | | organizational positions filled by members thereof, whether |
| 22 | | established by law or by a public body itself, that exist to |
| 23 | | assist the body in the conduct of its business. |
| 24 | | "Quasi-adjudicative body" means an administrative body |
| 25 | | charged by law or ordinance with the responsibility to conduct |
| 26 | | hearings, receive evidence or testimony and make |
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| 1 | | determinations based thereon, but does not include local |
| 2 | | electoral boards when such bodies are considering petition |
| 3 | | challenges. |
| 4 | | (e) Final action. No final action may be taken at a closed |
| 5 | | meeting. Final action shall be preceded by a public recital of |
| 6 | | the nature of the matter being considered and other |
| 7 | | information that will inform the public of the business being |
| 8 | | conducted. |
| 9 | | (Source: P.A. 102-237, eff. 1-1-22; 102-520, eff. 8-20-21; |
| 10 | | 102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 103-311, eff. |
| 11 | | 7-28-23; 103-626, eff. 1-1-25.)
|
| 12 | | Section 10-10. The Transportation Cooperation Act of 1971 |
| 13 | | is amended by changing Section 2 as follows:
|
| 14 | | (5 ILCS 225/2) (from Ch. 111 2/3, par. 602) |
| 15 | | Sec. 2. For the purposes of this Act: |
| 16 | | (a) "Railroad passenger service" means any railroad |
| 17 | | passenger service within the State of Illinois, including the |
| 18 | | equipment and facilities used in connection therewith, with |
| 19 | | the exception of the basic system operated by the National |
| 20 | | Railroad Passenger Corporation pursuant to Title II and |
| 21 | | Section 403(a) of the Federal Rail Passenger Service Act of |
| 22 | | 1970. |
| 23 | | (b) "Federal Railroad Corporation" means the National |
| 24 | | Railroad Passenger Corporation established pursuant to an Act |
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| 1 | | of Congress known as the "Rail Passenger Service Act of 1970." |
| 2 | | (c) "Transportation system" means any and all modes of |
| 3 | | public transportation within the State, including, but not |
| 4 | | limited to, transportation of persons or property by rapid |
| 5 | | transit, rail, bus, and aircraft, and all equipment, |
| 6 | | facilities and property, real and personal, used in connection |
| 7 | | therewith. |
| 8 | | (d) "Carrier" means any corporation, authority, |
| 9 | | partnership, association, person or district authorized to |
| 10 | | maintain a transportation system within the State with the |
| 11 | | exception of the Federal Railroad Corporation. |
| 12 | | (e) "Units of local government" means cities, villages, |
| 13 | | incorporated towns, counties, municipalities, townships, and |
| 14 | | special districts, including any district created pursuant to |
| 15 | | the "Local Mass Transit District Act", approved July 21, 1959, |
| 16 | | as amended; any Authority created pursuant to the Chicago |
| 17 | | Transit Authority Act "Metropolitan Transit Authority Act", |
| 18 | | approved April 12, 1945, as amended; and, any authority, |
| 19 | | commission or other entity which by virtue of an interstate |
| 20 | | compact approved by Congress is authorized to provide mass |
| 21 | | transportation. |
| 22 | | (f) "Universities" means all public institutions of higher |
| 23 | | education as defined in an "Act creating a Board of Higher |
| 24 | | Education, defining its powers and duties, making an |
| 25 | | appropriation therefor, and repealing an Act herein named", |
| 26 | | approved August 22, 1961, as amended, and all private |
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| 1 | | institutions of higher education as defined in the Illinois |
| 2 | | Finance Authority Act. |
| 3 | | (g) "Department" means the Illinois Department of |
| 4 | | Transportation, or such other department designated by law to |
| 5 | | perform the duties and functions of the Illinois Department of |
| 6 | | Transportation prior to January 1, 1972. |
| 7 | | (h) "Association" means any Transportation Service |
| 8 | | Association created pursuant to Section 4 of this Act. |
| 9 | | (i) "Contracting Parties" means any units of local |
| 10 | | government or universities which have associated and joined |
| 11 | | together pursuant to Section 3 of this Act. |
| 12 | | (j) "Governing authorities" means (1) the city council or |
| 13 | | similar legislative body of a city; (2) the board of trustees |
| 14 | | or similar body of a village or incorporated town; (3) the |
| 15 | | council of a municipality under the commission form of |
| 16 | | municipal government; (4) the board of trustees in a township; |
| 17 | | (5) the Board of Trustees of the University of Illinois, the |
| 18 | | Board of Trustees of Southern Illinois University, the Board |
| 19 | | of Trustees of Chicago State University, the Board of Trustees |
| 20 | | of Eastern Illinois University, the Board of Trustees of |
| 21 | | Governors State University, the Board of Trustees of Illinois |
| 22 | | State University, the Board of Trustees of Northeastern |
| 23 | | Illinois University, the Board of Trustees of Northern |
| 24 | | Illinois University, the Board of Trustees of Western Illinois |
| 25 | | University, and the Illinois Community College Board; (6) the |
| 26 | | county board of a county; and (7) the trustees, commissioners, |
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| 1 | | board members, or directors of a university, special district, |
| 2 | | authority or similar agency. |
| 3 | | (Source: P.A. 93-205, eff. 1-1-04.)
|
| 4 | | Section 10-15. The Illinois Public Labor Relations Act is |
| 5 | | amended by changing Section 15 as follows:
|
| 6 | | (5 ILCS 315/15) (from Ch. 48, par. 1615) |
| 7 | | (Text of Section WITHOUT the changes made by P.A. 98-599, |
| 8 | | which has been held unconstitutional) |
| 9 | | Sec. 15. Act takes precedence Takes Precedence. |
| 10 | | (a) In case of any conflict between the provisions of this |
| 11 | | Act and any other law (other than Section 5 of the State |
| 12 | | Employees Group Insurance Act of 1971 and other than the |
| 13 | | changes made to the Illinois Pension Code by Public Act 96-889 |
| 14 | | this amendatory Act of the 96th General Assembly), executive |
| 15 | | order or administrative regulation relating to wages, hours |
| 16 | | and conditions of employment and employment relations, the |
| 17 | | provisions of this Act or any collective bargaining agreement |
| 18 | | negotiated thereunder shall prevail and control. Nothing in |
| 19 | | this Act shall be construed to replace or diminish the rights |
| 20 | | of employees established by Sections 28 and 28a of the Chicago |
| 21 | | Transit Authority Act Metropolitan Transit Authority Act, |
| 22 | | Sections 2.15 through 2.19 of the Northern Illinois Transit |
| 23 | | Authority Act Regional Transportation Authority Act. The |
| 24 | | provisions of this Act are subject to Section 5 of the State |
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| 1 | | Employees Group Insurance Act of 1971. Nothing in this Act |
| 2 | | shall be construed to replace the necessity of complaints |
| 3 | | against a sworn peace officer, as defined in Section 2(a) of |
| 4 | | the Uniform Peace Officers' Officer Disciplinary Act, from |
| 5 | | having a complaint supported by a sworn affidavit. |
| 6 | | (b) Except as provided in subsection (a) above, any |
| 7 | | collective bargaining contract between a public employer and a |
| 8 | | labor organization executed pursuant to this Act shall |
| 9 | | supersede any contrary statutes, charters, ordinances, rules |
| 10 | | or regulations relating to wages, hours and conditions of |
| 11 | | employment and employment relations adopted by the public |
| 12 | | employer or its agents. Any collective bargaining agreement |
| 13 | | entered into prior to the effective date of this Act shall |
| 14 | | remain in full force during its duration. |
| 15 | | (c) It is the public policy of this State, pursuant to |
| 16 | | paragraphs (h) and (i) of Section 6 of Article VII of the |
| 17 | | Illinois Constitution, that the provisions of this Act are the |
| 18 | | exclusive exercise by the State of powers and functions which |
| 19 | | might otherwise be exercised by home rule units. Such powers |
| 20 | | and functions may not be exercised concurrently, either |
| 21 | | directly or indirectly, by any unit of local government, |
| 22 | | including any home rule unit, except as otherwise authorized |
| 23 | | by this Act. |
| 24 | | (Source: P.A. 95-331, eff. 8-21-07; 96-889, eff. 1-1-11; |
| 25 | | revised 7-23-24.)
|
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| 1 | | Section 10-20. The State Officials and Employees Ethics |
| 2 | | Act is amended by changing Section 1-5 as follows:
|
| 3 | | (5 ILCS 430/1-5) |
| 4 | | Sec. 1-5. Definitions. As used in this Act: |
| 5 | | "Appointee" means a person appointed to a position in or |
| 6 | | with a State agency, regardless of whether the position is |
| 7 | | compensated. |
| 8 | | "Board members of Regional Development Authorities" means |
| 9 | | any person appointed to serve on the governing board of a |
| 10 | | Regional Development Authority. |
| 11 | | "Board members of Regional Transit Boards" means any |
| 12 | | person appointed to serve on the governing board of a Regional |
| 13 | | Transit Board. |
| 14 | | "Campaign for elective office" means any activity in |
| 15 | | furtherance of an effort to influence the selection, |
| 16 | | nomination, election, or appointment of any individual to any |
| 17 | | federal, State, or local public office or office in a |
| 18 | | political organization, or the selection, nomination, or |
| 19 | | election of Presidential or Vice-Presidential electors, but |
| 20 | | does not include activities (i) relating to the support or |
| 21 | | opposition of any executive, legislative, or administrative |
| 22 | | action (as those terms are defined in Section 2 of the Lobbyist |
| 23 | | Registration Act), (ii) relating to collective bargaining, or |
| 24 | | (iii) that are otherwise in furtherance of the person's |
| 25 | | official State duties. |
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| 1 | | "Candidate" means a person who has filed nominating papers |
| 2 | | or petitions for nomination or election to an elected State |
| 3 | | office, or who has been appointed to fill a vacancy in |
| 4 | | nomination, and who remains eligible for placement on the |
| 5 | | ballot at either a general primary election or general |
| 6 | | election. |
| 7 | | "Collective bargaining" has the same meaning as that term |
| 8 | | is defined in Section 3 of the Illinois Public Labor Relations |
| 9 | | Act. |
| 10 | | "Commission" means an ethics commission created by this |
| 11 | | Act. |
| 12 | | "Compensated time" means any time worked by or credited to |
| 13 | | a State employee that counts toward any minimum work time |
| 14 | | requirement imposed as a condition of employment with a State |
| 15 | | agency, but does not include any designated State holidays or |
| 16 | | any period when the employee is on a leave of absence. |
| 17 | | "Compensatory time off" means authorized time off earned |
| 18 | | by or awarded to a State employee to compensate in whole or in |
| 19 | | part for time worked in excess of the minimum work time |
| 20 | | required of that employee as a condition of employment with a |
| 21 | | State agency. |
| 22 | | "Contribution" has the same meaning as that term is |
| 23 | | defined in Section 9-1.4 of the Election Code. |
| 24 | | "Employee" means (i) any person employed full-time, |
| 25 | | part-time, or pursuant to a contract and whose employment |
| 26 | | duties are subject to the direction and control of an employer |
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| 1 | | with regard to the material details of how the work is to be |
| 2 | | performed or (ii) any appointed or elected commissioner, |
| 3 | | trustee, director, or board member of a board of a State |
| 4 | | agency, including any retirement system or investment board |
| 5 | | subject to the Illinois Pension Code or (iii) any other |
| 6 | | appointee. |
| 7 | | "Employment benefits" include but are not limited to the |
| 8 | | following: modified compensation or benefit terms; compensated |
| 9 | | time off; or change of title, job duties, or location of office |
| 10 | | or employment. An employment benefit may also include |
| 11 | | favorable treatment in determining whether to bring any |
| 12 | | disciplinary or similar action or favorable treatment during |
| 13 | | the course of any disciplinary or similar action or other |
| 14 | | performance review. |
| 15 | | "Executive branch constitutional officer" means the |
| 16 | | Governor, Lieutenant Governor, Attorney General, Secretary of |
| 17 | | State, Comptroller, and Treasurer. |
| 18 | | "Gift" means any gratuity, discount, entertainment, |
| 19 | | hospitality, loan, forbearance, or other tangible or |
| 20 | | intangible item having monetary value including, but not |
| 21 | | limited to, cash, food and drink, and honoraria for speaking |
| 22 | | engagements related to or attributable to government |
| 23 | | employment or the official position of an employee, member, or |
| 24 | | officer. The value of a gift may be further defined by rules |
| 25 | | adopted by the appropriate ethics commission or by the Auditor |
| 26 | | General for the Auditor General and for employees of the |
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| 1 | | office of the Auditor General. |
| 2 | | "Governmental entity" means a unit of local government |
| 3 | | (including a community college district) or a school district |
| 4 | | but not a State agency, a Regional Transit Board, or a Regional |
| 5 | | Development Authority. |
| 6 | | "Leave of absence" means any period during which a State |
| 7 | | employee does not receive (i) compensation for State |
| 8 | | employment, (ii) service credit towards State pension |
| 9 | | benefits, and (iii) health insurance benefits paid for by the |
| 10 | | State. |
| 11 | | "Legislative branch constitutional officer" means a member |
| 12 | | of the General Assembly and the Auditor General. |
| 13 | | "Legislative leader" means the President and Minority |
| 14 | | Leader of the Senate and the Speaker and Minority Leader of the |
| 15 | | House of Representatives. |
| 16 | | "Member" means a member of the General Assembly. |
| 17 | | "Officer" means an executive branch constitutional officer |
| 18 | | or a legislative branch constitutional officer. |
| 19 | | "Political" means any activity in support of or in |
| 20 | | connection with any campaign for elective office or any |
| 21 | | political organization, but does not include activities (i) |
| 22 | | relating to the support or opposition of any executive, |
| 23 | | legislative, or administrative action (as those terms are |
| 24 | | defined in Section 2 of the Lobbyist Registration Act), (ii) |
| 25 | | relating to collective bargaining, or (iii) that are otherwise |
| 26 | | in furtherance of the person's official State duties or |
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| 1 | | governmental and public service functions. |
| 2 | | "Political organization" means a party, committee, |
| 3 | | association, fund, or other organization (whether or not |
| 4 | | incorporated) that is required to file a statement of |
| 5 | | organization with the State Board of Elections or a county |
| 6 | | clerk under Section 9-3 of the Election Code, but only with |
| 7 | | regard to those activities that require filing with the State |
| 8 | | Board of Elections or a county clerk. |
| 9 | | "Prohibited political activity" means: |
| 10 | | (1) Preparing for, organizing, or participating in any |
| 11 | | political meeting, political rally, political |
| 12 | | demonstration, or other political event. |
| 13 | | (2) Soliciting contributions, including but not |
| 14 | | limited to the purchase of, selling, distributing, or |
| 15 | | receiving payment for tickets for any political |
| 16 | | fundraiser, political meeting, or other political event. |
| 17 | | (3) Soliciting, planning the solicitation of, or |
| 18 | | preparing any document or report regarding any thing of |
| 19 | | value intended as a campaign contribution. |
| 20 | | (4) Planning, conducting, or participating in a public |
| 21 | | opinion poll in connection with a campaign for elective |
| 22 | | office or on behalf of a political organization for |
| 23 | | political purposes or for or against any referendum |
| 24 | | question. |
| 25 | | (5) Surveying or gathering information from potential |
| 26 | | or actual voters in an election to determine probable vote |
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| 1 | | outcome in connection with a campaign for elective office |
| 2 | | or on behalf of a political organization for political |
| 3 | | purposes or for or against any referendum question. |
| 4 | | (6) Assisting at the polls on election day on behalf |
| 5 | | of any political organization or candidate for elective |
| 6 | | office or for or against any referendum question. |
| 7 | | (7) Soliciting votes on behalf of a candidate for |
| 8 | | elective office or a political organization or for or |
| 9 | | against any referendum question or helping in an effort to |
| 10 | | get voters to the polls. |
| 11 | | (8) Initiating for circulation, preparing, |
| 12 | | circulating, reviewing, or filing any petition on behalf |
| 13 | | of a candidate for elective office or for or against any |
| 14 | | referendum question. |
| 15 | | (9) Making contributions on behalf of any candidate |
| 16 | | for elective office in that capacity or in connection with |
| 17 | | a campaign for elective office. |
| 18 | | (10) Preparing or reviewing responses to candidate |
| 19 | | questionnaires in connection with a campaign for elective |
| 20 | | office or on behalf of a political organization for |
| 21 | | political purposes. |
| 22 | | (11) Distributing, preparing for distribution, or |
| 23 | | mailing campaign literature, campaign signs, or other |
| 24 | | campaign material on behalf of any candidate for elective |
| 25 | | office or for or against any referendum question. |
| 26 | | (12) Campaigning for any elective office or for or |
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| 1 | | against any referendum question. |
| 2 | | (13) Managing or working on a campaign for elective |
| 3 | | office or for or against any referendum question. |
| 4 | | (14) Serving as a delegate, alternate, or proxy to a |
| 5 | | political party convention. |
| 6 | | (15) Participating in any recount or challenge to the |
| 7 | | outcome of any election, except to the extent that under |
| 8 | | subsection (d) of Section 6 of Article IV of the Illinois |
| 9 | | Constitution each house of the General Assembly shall |
| 10 | | judge the elections, returns, and qualifications of its |
| 11 | | members. |
| 12 | | "Prohibited source" means any person or entity who: |
| 13 | | (1) is seeking official action (i) by the member or |
| 14 | | officer or (ii) in the case of an employee, by the employee |
| 15 | | or by the member, officer, State agency, or other employee |
| 16 | | directing the employee; |
| 17 | | (2) does business or seeks to do business (i) with the |
| 18 | | member or officer or (ii) in the case of an employee, with |
| 19 | | the employee or with the member, officer, State agency, or |
| 20 | | other employee directing the employee; |
| 21 | | (3) conducts activities regulated (i) by the member or |
| 22 | | officer or (ii) in the case of an employee, by the employee |
| 23 | | or by the member, officer, State agency, or other employee |
| 24 | | directing the employee; |
| 25 | | (4) has interests that may be substantially affected |
| 26 | | by the performance or non-performance of the official |
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| 1 | | duties of the member, officer, or employee; |
| 2 | | (5) is registered or required to be registered with |
| 3 | | the Secretary of State under the Lobbyist Registration |
| 4 | | Act, except that an entity not otherwise a prohibited |
| 5 | | source does not become a prohibited source merely because |
| 6 | | a registered lobbyist is one of its members or serves on |
| 7 | | its board of directors; or |
| 8 | | (6) is an agent of, a spouse of, or an immediate family |
| 9 | | member who is living with a "prohibited source". |
| 10 | | "Regional Development Authority" means the following |
| 11 | | regional development authorities: |
| 12 | | (1) the Central Illinois Economic Development |
| 13 | | Authority created by the Central Illinois Economic |
| 14 | | Development Authority Act; |
| 15 | | (2) the Eastern Illinois Economic Development |
| 16 | | Authority created by the Eastern Illinois Economic |
| 17 | | Development Authority Act; |
| 18 | | (3) the Joliet Arsenal Development Authority created |
| 19 | | by the Joliet Arsenal Development Authority Act; |
| 20 | | (4) the Quad Cities Regional Economic Development |
| 21 | | Authority created by Quad Cities Regional Economic |
| 22 | | Development Authority Act, approved September 22, 1987; |
| 23 | | (5) the Riverdale Development Authority created by the |
| 24 | | Riverdale Development Authority Act; |
| 25 | | (6) the Southeastern Illinois Economic Development |
| 26 | | Authority created by the Southeastern Illinois Economic |
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| 1 | | Development Authority Act; |
| 2 | | (7) the Southern Illinois Economic Development |
| 3 | | Authority created by the Southern Illinois Economic |
| 4 | | Development Authority Act; |
| 5 | | (8) the Southwestern Illinois Development Authority |
| 6 | | created by the Southwestern Illinois Development Authority |
| 7 | | Act; |
| 8 | | (9) the Tri-County River Valley Development Authority |
| 9 | | created by the Tri-County River Valley Development |
| 10 | | Authority Law; |
| 11 | | (10) the Upper Illinois River Valley Development |
| 12 | | Authority created by the Upper Illinois River Valley |
| 13 | | Development Authority Act; |
| 14 | | (11) the Illinois Urban Development Authority created |
| 15 | | by the Illinois Urban Development Authority Act; |
| 16 | | (12) the Western Illinois Economic Development |
| 17 | | Authority created by the Western Illinois Economic |
| 18 | | Development Authority Act; and |
| 19 | | (13) the Will-Kankakee Regional Development Authority |
| 20 | | created by the Will-Kankakee Regional Development |
| 21 | | Authority Law. |
| 22 | | "Regional Transit Boards" means (i) the Northern Illinois |
| 23 | | Transit Authority Regional Transportation Authority created by |
| 24 | | the Northern Illinois Transit Authority Act Regional |
| 25 | | Transportation Authority Act, (ii) the Suburban Bus Division |
| 26 | | created by the Northern Illinois Transit Authority Act |
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| 1 | | Regional Transportation Authority Act, (iii) the Commuter Rail |
| 2 | | Division created by the Northern Illinois Transit Authority |
| 3 | | Act Regional Transportation Authority Act, and (iv) the |
| 4 | | Chicago Transit Authority created by the Chicago Transit |
| 5 | | Authority Act Metropolitan Transit Authority Act. |
| 6 | | "State agency" includes all officers, boards, commissions |
| 7 | | and agencies created by the Constitution, whether in the |
| 8 | | executive or legislative branch; all officers, departments, |
| 9 | | boards, commissions, agencies, institutions, authorities, |
| 10 | | public institutions of higher learning as defined in Section 2 |
| 11 | | of the Higher Education Cooperation Act (except community |
| 12 | | colleges), and bodies politic and corporate of the State; and |
| 13 | | administrative units or corporate outgrowths of the State |
| 14 | | government which are created by or pursuant to statute, other |
| 15 | | than units of local government (including community college |
| 16 | | districts) and their officers, school districts, and boards of |
| 17 | | election commissioners; and all administrative units and |
| 18 | | corporate outgrowths of the above and as may be created by |
| 19 | | executive order of the Governor. "State agency" includes the |
| 20 | | General Assembly, the Senate, the House of Representatives, |
| 21 | | the President and Minority Leader of the Senate, the Speaker |
| 22 | | and Minority Leader of the House of Representatives, the |
| 23 | | Senate Operations Commission, and the legislative support |
| 24 | | services agencies. "State agency" includes the Office of the |
| 25 | | Auditor General. "State agency" does not include the judicial |
| 26 | | branch. |
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| 1 | | "State employee" means any employee of a State agency. |
| 2 | | "Ultimate jurisdictional authority" means the following: |
| 3 | | (1) For members, legislative partisan staff, and |
| 4 | | legislative secretaries, the appropriate legislative |
| 5 | | leader: President of the Senate, Minority Leader of the |
| 6 | | Senate, Speaker of the House of Representatives, or |
| 7 | | Minority Leader of the House of Representatives. |
| 8 | | (2) For State employees who are professional staff or |
| 9 | | employees of the Senate and not covered under item (1), |
| 10 | | the Senate Operations Commission. |
| 11 | | (3) For State employees who are professional staff or |
| 12 | | employees of the House of Representatives and not covered |
| 13 | | under item (1), the Speaker of the House of |
| 14 | | Representatives. |
| 15 | | (4) For State employees who are employees of the |
| 16 | | legislative support services agencies, the Joint Committee |
| 17 | | on Legislative Support Services. |
| 18 | | (5) For State employees of the Auditor General, the |
| 19 | | Auditor General. |
| 20 | | (6) For State employees of public institutions of |
| 21 | | higher learning as defined in Section 2 of the Higher |
| 22 | | Education Cooperation Act (except community colleges), the |
| 23 | | board of trustees of the appropriate public institution of |
| 24 | | higher learning. |
| 25 | | (7) For State employees of an executive branch |
| 26 | | constitutional officer other than those described in |
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| 1 | | paragraph (6), the appropriate executive branch |
| 2 | | constitutional officer. |
| 3 | | (8) For State employees not under the jurisdiction of |
| 4 | | paragraph (1), (2), (3), (4), (5), (6), or (7), the |
| 5 | | Governor. |
| 6 | | (9) For employees of Regional Transit Boards, the |
| 7 | | appropriate Regional Transit Board. |
| 8 | | (10) For board members of Regional Transit Boards, the |
| 9 | | Governor. |
| 10 | | (11) For employees of Regional Development |
| 11 | | Authorities, the appropriate Regional Development |
| 12 | | Authority. |
| 13 | | (12) For board members of Regional Development |
| 14 | | Authorities, the Governor. |
| 15 | | (Source: P.A. 103-517, eff. 8-11-23.)
|
| 16 | | Section 10-25. The Illinois Act on the Aging is amended by |
| 17 | | changing Section 4.15 as follows:
|
| 18 | | (20 ILCS 105/4.15) |
| 19 | | Sec. 4.15. Eligibility determinations. |
| 20 | | (a) The Department is authorized to make eligibility |
| 21 | | determinations for benefits administered by other governmental |
| 22 | | bodies based on the Senior Citizens and Persons with |
| 23 | | Disabilities Property Tax Relief Act as follows: |
| 24 | | (i) for the Secretary of State with respect to reduced |
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| 1 | | fees paid by qualified vehicle owners under the Illinois |
| 2 | | Vehicle Code; |
| 3 | | (ii) for special districts that offer free fixed route |
| 4 | | public transportation services for qualified older adults |
| 5 | | under the Local Mass Transit District Act, the Chicago |
| 6 | | Transit Authority Act Metropolitan Transit Authority Act, |
| 7 | | and the Northern Illinois Transit Authority Act Regional |
| 8 | | Transportation Authority Act; and |
| 9 | | (iii) for special districts that offer transit |
| 10 | | services for qualified individuals with disabilities under |
| 11 | | the Local Mass Transit District Act, the Chicago Transit |
| 12 | | Authority Act Metropolitan Transit Authority Act, and the |
| 13 | | Northern Illinois Transit Authority Act Regional |
| 14 | | Transportation Authority Act. |
| 15 | | (b) The Department shall establish the manner by which |
| 16 | | claimants shall apply for these benefits. The Department is |
| 17 | | authorized to promulgate rules regarding the following |
| 18 | | matters: the application cycle; the application process; the |
| 19 | | content for an electronic application; required personal |
| 20 | | identification information; acceptable proof of eligibility as |
| 21 | | to age, disability status, marital status, residency, and |
| 22 | | household income limits; household composition; calculating |
| 23 | | income; use of social security numbers; duration of |
| 24 | | eligibility determinations; and any other matters necessary |
| 25 | | for such administrative operations. |
| 26 | | (c) All information received by the Department from an |
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| 1 | | application or from any investigation to determine eligibility |
| 2 | | for benefits shall be confidential, except for official |
| 3 | | purposes. |
| 4 | | (d) A person may not under any circumstances charge a fee |
| 5 | | to a claimant for assistance in completing an application form |
| 6 | | for these benefits. |
| 7 | | (Source: P.A. 98-887, eff. 8-15-14; 99-143, eff. 7-27-15.)
|
| 8 | | Section 10-30. The Illinois State Police Law of the Civil |
| 9 | | Administrative Code of Illinois is amended by changing Section |
| 10 | | 2605-340 as follows:
|
| 11 | | (20 ILCS 2605/2605-340) (was 20 ILCS 2605/55a in part) |
| 12 | | Sec. 2605-340. Conviction information for private carrier |
| 13 | | company under the Chicago Transit Authority Act Metropolitan |
| 14 | | Transit Authority Act. Upon the request of a private carrier |
| 15 | | company that provides transportation under Section 28b of the |
| 16 | | Chicago Transit Authority Act Metropolitan Transit Authority |
| 17 | | Act, to ascertain whether an applicant for a driver position |
| 18 | | has been convicted of any criminal or drug offense enumerated |
| 19 | | in that Section. The Illinois State Police shall furnish the |
| 20 | | conviction information to the private carrier company that |
| 21 | | requested the information. |
| 22 | | (Source: P.A. 102-538, eff. 8-20-21.)
|
| 23 | | Section 10-35. The Department of Transportation Law of the |
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| 1 | | Civil Administrative Code of Illinois is amended by changing |
| 2 | | Sections 2705-305 and 2705-315 as follows:
|
| 3 | | (20 ILCS 2705/2705-305) |
| 4 | | Sec. 2705-305. Grants for mass transportation. |
| 5 | | (a) For the purpose of mass transportation grants and |
| 6 | | contracts, the following definitions apply: |
| 7 | | "Carrier" means any corporation, authority, partnership, |
| 8 | | association, person, or district authorized to provide mass |
| 9 | | transportation within the State. |
| 10 | | "District" means all of the following: |
| 11 | | (i) Any district created pursuant to the Local Mass |
| 12 | | Transit District Act. |
| 13 | | (ii) The Authority created pursuant to the Chicago |
| 14 | | Transit Authority Act Metropolitan Transit Authority Act. |
| 15 | | (iii) Any authority, commission, or other entity that |
| 16 | | by virtue of an interstate compact approved by Congress is |
| 17 | | authorized to provide mass transportation. |
| 18 | | (iv) The Authority created pursuant to the Northern |
| 19 | | Illinois Transit Authority Act Regional Transportation |
| 20 | | Authority Act. |
| 21 | | "Facilities" comprise all real and personal property used |
| 22 | | in or appurtenant to a mass transportation system, including |
| 23 | | parking lots. |
| 24 | | "Mass transportation" means transportation provided within |
| 25 | | the State of Illinois by rail, bus, or other conveyance and |
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| 1 | | available to the general public on a regular and continuing |
| 2 | | basis, including the transportation of persons with |
| 3 | | disabilities or elderly persons as provided more specifically |
| 4 | | in Section 2705-310. |
| 5 | | "Unit of local government" means any city, village, |
| 6 | | incorporated town, or county. |
| 7 | | (b) Grants may be made to units of local government, |
| 8 | | districts, and carriers for the acquisition, construction, |
| 9 | | extension, reconstruction, and improvement of mass |
| 10 | | transportation facilities. Grants shall be made upon the terms |
| 11 | | and conditions that in the judgment of the Secretary are |
| 12 | | necessary to ensure their proper and effective utilization. |
| 13 | | (c) The Department shall make grants under this Law in a |
| 14 | | manner designed, so far as is consistent with the maintenance |
| 15 | | and development of a sound mass transportation system within |
| 16 | | the State, to: (i) maximize federal funds for the assistance |
| 17 | | of mass transportation in Illinois under the Federal Transit |
| 18 | | Act and other federal Acts; (ii) facilitate the movement of |
| 19 | | persons who because of age, economic circumstance, or physical |
| 20 | | infirmity are unable to drive; (iii) contribute to an improved |
| 21 | | environment through the reduction of air, water, and noise |
| 22 | | pollution; and (iv) reduce traffic congestion. |
| 23 | | (d) The Secretary shall establish procedures for making |
| 24 | | application for mass transportation grants. The procedures |
| 25 | | shall provide for public notice of all applications and give |
| 26 | | reasonable opportunity for the submission of comments and |
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| 1 | | objections by interested parties. The procedures shall be |
| 2 | | designed with a view to facilitating simultaneous application |
| 3 | | for a grant to the Department and to the federal government. |
| 4 | | (e) Grants may be made for mass transportation projects as |
| 5 | | follows: |
| 6 | | (1) In an amount not to exceed 100% of the nonfederal |
| 7 | | share of projects for which a federal grant is made. |
| 8 | | (2) In an amount not to exceed 100% of the net project |
| 9 | | cost for projects for which a federal grant is not made. |
| 10 | | (3) In an amount not to exceed five-sixths of the net |
| 11 | | project cost for projects essential for the maintenance of |
| 12 | | a sound transportation system and eligible for federal |
| 13 | | assistance for which a federal grant application has been |
| 14 | | made but a federal grant has been delayed. If and when a |
| 15 | | federal grant is made, the amount in excess of the |
| 16 | | nonfederal share shall be promptly returned to the |
| 17 | | Department. |
| 18 | | In no event shall the Department make a grant that, |
| 19 | | together with any federal funds or funds from any other |
| 20 | | source, is in excess of 100% of the net project cost. |
| 21 | | (f) Regardless of whether any funds are available under a |
| 22 | | federal grant, the Department shall not make a mass |
| 23 | | transportation grant unless the Secretary finds that the |
| 24 | | recipient has entered into an agreement with the Department in |
| 25 | | which the recipient agrees not to engage in school bus |
| 26 | | operations exclusively for the transportation of students and |
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| 1 | | school personnel in competition with private school bus |
| 2 | | operators where those private school bus operators are able to |
| 3 | | provide adequate transportation, at reasonable rates, in |
| 4 | | conformance with applicable safety standards, provided that |
| 5 | | this requirement shall not apply to a recipient that operates |
| 6 | | a school system in the area to be served and operates a |
| 7 | | separate and exclusive school bus program for the school |
| 8 | | system. |
| 9 | | (g) Grants may be made for mass transportation purposes |
| 10 | | with funds appropriated from the Build Illinois Bond Fund |
| 11 | | consistent with the specific purposes for which those funds |
| 12 | | are appropriated by the General Assembly. Grants under this |
| 13 | | subsection (g) are not subject to any limitations or |
| 14 | | conditions imposed upon grants by any other provision of this |
| 15 | | Section, except that the Secretary may impose the terms and |
| 16 | | conditions that in his or her judgment are necessary to ensure |
| 17 | | the proper and effective utilization of the grants under this |
| 18 | | subsection. |
| 19 | | (h) The Department may let contracts for mass |
| 20 | | transportation purposes and facilities for the purpose of |
| 21 | | reducing urban congestion funded in whole or in part with |
| 22 | | bonds described in subdivision (b)(1) of Section 4 of the |
| 23 | | General Obligation Bond Act, not to exceed $75,000,000 in |
| 24 | | bonds. |
| 25 | | (i) The Department may make grants to carriers, districts, |
| 26 | | and units of local government for the purpose of reimbursing |
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| 1 | | them for providing reduced fares for mass transportation |
| 2 | | services for students, persons with disabilities, and the |
| 3 | | elderly. Grants shall be made upon the terms and conditions |
| 4 | | that in the judgment of the Secretary are necessary to ensure |
| 5 | | their proper and effective utilization. |
| 6 | | (j) The Department may make grants to carriers, districts, |
| 7 | | and units of local government for costs of providing ADA |
| 8 | | paratransit service. |
| 9 | | (Source: P.A. 99-143, eff. 7-27-15.)
|
| 10 | | (20 ILCS 2705/2705-315) (was 20 ILCS 2705/49.19b) |
| 11 | | Sec. 2705-315. Grants for passenger security. The |
| 12 | | Department may make grants from the Transportation Fund and |
| 13 | | the General Revenue Fund to the Northern Illinois Transit |
| 14 | | Authority Regional Transportation Authority created under the |
| 15 | | Northern Illinois Transit Authority Act Regional |
| 16 | | Transportation Authority Act to be used to provide protection |
| 17 | | against crime for the consumers of public transportation, and |
| 18 | | for the employees and facilities of public transportation |
| 19 | | providers, in the metropolitan region. The grants may be used |
| 20 | | (1) to provide that protection directly, or (2) to contract |
| 21 | | with any municipality or county in the metropolitan region to |
| 22 | | provide that protection, or (3) except for the Chicago Transit |
| 23 | | Authority created under the Chicago Transit Authority Act |
| 24 | | Metropolitan Transit Authority Act, to contract with a private |
| 25 | | security agency to provide that protection. |
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| 1 | | The grants shall be made upon the terms and conditions |
| 2 | | that in the judgment of the Secretary are necessary to ensure |
| 3 | | their proper and effective utilization. The procedures |
| 4 | | provided in Section 2705-305 to govern grants for mass |
| 5 | | transportation shall apply to grants made under this Section. |
| 6 | | (Source: P.A. 91-239, eff. 1-1-00.)
|
| 7 | | Section 10-40. The Illinois State Auditing Act is amended |
| 8 | | by changing Section 3-2.3 as follows:
|
| 9 | | (30 ILCS 5/3-2.3) |
| 10 | | Sec. 3-2.3. Report on Chicago Transit Authority. |
| 11 | | (a) No less than 60 days prior to the issuance of bonds or |
| 12 | | notes by the Chicago Transit Authority (referred to as the |
| 13 | | "Authority" in this Section) pursuant to Section 12c of the |
| 14 | | Chicago Transit Authority Act Metropolitan Transit Authority |
| 15 | | Act, the following documentation shall be submitted to the |
| 16 | | Auditor General and the Northern Illinois Transit Authority |
| 17 | | Regional Transportation Authority: |
| 18 | | (1) Retirement Plan Documentation. The Authority shall |
| 19 | | 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 meet the |
| 24 | | requirements of paragraph (5) of subsection (b) of |
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| 1 | | Section 12c(b)(5) of the Chicago Transit Authority Act |
| 2 | | Metropolitan Transit Authority Act; |
| 3 | | (C) no bond or note shall mature later than |
| 4 | | December 31, 2040; |
| 5 | | (D) after payment of costs of issuance and |
| 6 | | necessary deposits to funds and accounts established |
| 7 | | with respect to debt service on the bonds or notes, the |
| 8 | | net bond and note proceeds (exclusive of any proceeds |
| 9 | | to be used to refund outstanding bonds or notes) will |
| 10 | | be deposited in the Retirement Plan for Chicago |
| 11 | | Transit Authority Employees and used only for the |
| 12 | | purposes required by Section 22-101 of the Illinois |
| 13 | | Pension Code; and |
| 14 | | (E) it has entered into an intergovernmental |
| 15 | | agreement with the City of Chicago under which the |
| 16 | | City of Chicago will provide financial assistance to |
| 17 | | the Authority in an amount equal to the net receipts, |
| 18 | | after fees for costs of collection, from a tax on the |
| 19 | | privilege of transferring title to real estate in the |
| 20 | | City of Chicago in an amount up to $1.50 per $500 of |
| 21 | | value or fraction thereof under the provisions of |
| 22 | | Section 8-3-19 of the Illinois Municipal Code, which |
| 23 | | agreement shall be for a term expiring no earlier than |
| 24 | | the final maturity of bonds or notes that it proposes |
| 25 | | to issue under Section 12c of the Chicago Transit |
| 26 | | Authority Act Metropolitan Transit Authority Act. |
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| 1 | | (2) The Board of Trustees of the Retirement Plan for |
| 2 | | Chicago Transit Authority Employees shall submit a |
| 3 | | certification that the Retirement Plan for Chicago Transit |
| 4 | | Authority Employees is operating in accordance with all |
| 5 | | applicable legal and contractual requirements, including |
| 6 | | the following: |
| 7 | | (A) the members of a new Board of Trustees have |
| 8 | | been appointed according to the requirements of |
| 9 | | Section 22-101(b) of the Illinois Pension Code; and |
| 10 | | (B) contribution levels for employees and the |
| 11 | | Authority have been established according to the |
| 12 | | requirements of Section 22-101(d) of the Illinois |
| 13 | | Pension Code. |
| 14 | | (3) Actuarial Report. The Board of Trustees of the |
| 15 | | Retirement Plan for Chicago Transit Authority Employees |
| 16 | | shall submit an actuarial report prepared by an enrolled |
| 17 | | actuary setting forth: |
| 18 | | (A) the method of valuation and the underlying |
| 19 | | assumptions; |
| 20 | | (B) a comparison of the debt service schedules of |
| 21 | | the bonds or notes proposed to be issued to the |
| 22 | | Retirement Plan's current unfunded actuarial accrued |
| 23 | | liability amortization schedule, as required by |
| 24 | | Section 22-101(e) of the Illinois Pension Code, using |
| 25 | | the projected interest cost of the bond or note issue |
| 26 | | as the discount rate to calculate the estimated net |
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| 1 | | present value savings; |
| 2 | | (C) the amount of the estimated net present value |
| 3 | | savings comparing the true interest cost of the bonds |
| 4 | | or notes with the actuarial investment return |
| 5 | | assumption of the Retirement Plan; and |
| 6 | | (D) a certification that the net proceeds of the |
| 7 | | bonds or notes, together with anticipated earnings on |
| 8 | | contributions and deposits, will be sufficient to |
| 9 | | reasonably conclude on an actuarial basis that the |
| 10 | | total retirement assets of the Retirement Plan will |
| 11 | | not be less than 90% of its liabilities by the end of |
| 12 | | fiscal year 2059. |
| 13 | | (4) The Authority shall submit a financial analysis |
| 14 | | prepared by an independent advisor. The financial analysis |
| 15 | | must include a determination that the issuance of bonds is |
| 16 | | in the best interest of the Retirement Plan for Chicago |
| 17 | | Transit Authority Employees and the Chicago Transit |
| 18 | | Authority. The independent advisor shall not act as |
| 19 | | underwriter or receive a legal, consulting, or other fee |
| 20 | | related to the issuance of any bond or notes issued by the |
| 21 | | Authority pursuant to Section 12c of the Chicago Transit |
| 22 | | Authority Act Metropolitan Transit Authority Act except |
| 23 | | compensation due for the preparation of the financial |
| 24 | | analysis. |
| 25 | | (5) Retiree Health Care Trust Documentation. The |
| 26 | | Authority shall submit a certification that: |
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| 1 | | (A) it is legally authorized to issue the bonds or |
| 2 | | notes; |
| 3 | | (B) scheduled annual payments of principal and |
| 4 | | interest on the bonds and notes to be issued meets the |
| 5 | | requirements of paragraph (5) of subsection (b) of |
| 6 | | Section 12c(b)(5) of the Chicago Transit Authority Act |
| 7 | | Metropolitan Transit Authority Act; |
| 8 | | (C) no bond or note shall mature later than |
| 9 | | December 31, 2040; |
| 10 | | (D) after payment of costs of issuance and |
| 11 | | necessary deposits to funds and accounts established |
| 12 | | with respect to debt service on the bonds or notes, the |
| 13 | | net bond and note proceeds (exclusive of any proceeds |
| 14 | | to be used to refund outstanding bonds or notes) will |
| 15 | | be deposited in the Retiree Health Care Trust and used |
| 16 | | only for the purposes required by Section 22-101B of |
| 17 | | the Illinois Pension Code; and |
| 18 | | (E) it has entered into an intergovernmental |
| 19 | | agreement with the City of Chicago under which the |
| 20 | | City of Chicago will provide financial assistance to |
| 21 | | the Authority in an amount equal to the net receipts, |
| 22 | | after fees for costs of collection, from a tax on the |
| 23 | | privilege of transferring title to real estate in the |
| 24 | | City of Chicago in an amount up to $1.50 per $500 of |
| 25 | | value or fraction thereof under the provisions of |
| 26 | | Section 8-3-19 of the Illinois Municipal Code, which |
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| 1 | | agreement shall be for a term expiring no earlier than |
| 2 | | the final maturity of bonds or notes that it proposes |
| 3 | | to issue under Section 12c of the Chicago Transit |
| 4 | | Authority Act Metropolitan Transit Authority Act. |
| 5 | | (6) The Board of Trustees of the Retiree Health Care |
| 6 | | Trust shall submit a certification that the Retiree Health |
| 7 | | Care Trust has been established in accordance with all |
| 8 | | applicable legal requirements, including the following: |
| 9 | | (A) the Retiree Health Care Trust has been |
| 10 | | established and a Trust document is in effect to |
| 11 | | govern the Retiree Health Care Trust; |
| 12 | | (B) the members of the Board of Trustees of the |
| 13 | | Retiree Health Care Trust have been appointed |
| 14 | | according to the requirements of Section 22-101B(b)(1) |
| 15 | | of the Illinois Pension Code; |
| 16 | | (C) a health care benefit program for eligible |
| 17 | | retirees and their dependents and survivors has been |
| 18 | | established by the Board of Trustees according to the |
| 19 | | requirements of Section 22-101B(b)(2) of the Illinois |
| 20 | | Pension Code; |
| 21 | | (D) contribution levels have been established for |
| 22 | | retirees, dependents and survivors according to the |
| 23 | | requirements of Section 22-101B(b)(5) of the Illinois |
| 24 | | Pension Code; and |
| 25 | | (E) contribution levels have been established for |
| 26 | | employees of the Authority according to the |
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| 1 | | requirements of Section 22-101B(b)(6) of the Illinois |
| 2 | | Pension Code. |
| 3 | | (7) Actuarial Report. The Board of Trustees of the |
| 4 | | Retiree Health Care Trust shall submit an actuarial report |
| 5 | | prepared by an enrolled actuary setting forth: |
| 6 | | (A) the method of valuation and the underlying |
| 7 | | assumptions; |
| 8 | | (B) a comparison of the projected interest cost of |
| 9 | | the bonds or notes proposed to be issued with the |
| 10 | | actuarial investment return assumption of the Retiree |
| 11 | | Health Care Trust; and |
| 12 | | (C) a certification that the net proceeds of the |
| 13 | | bonds or notes, together with anticipated earnings on |
| 14 | | contributions and deposits, will be sufficient to |
| 15 | | adequately fund the actuarial present value of |
| 16 | | projected benefits expected to be paid under the |
| 17 | | Retiree Health Care Trust, or a certification of the |
| 18 | | increases in contribution levels and decreases in |
| 19 | | benefit levels that would be required in order to cure |
| 20 | | any funding shortfall over a period of not more than 10 |
| 21 | | years. |
| 22 | | (8) The Authority shall submit a financial analysis |
| 23 | | prepared by an independent advisor. The financial analysis |
| 24 | | must include a determination that the issuance of bonds is |
| 25 | | in the best interest of the Retiree Health Care Trust and |
| 26 | | the Chicago Transit Authority. The independent advisor |
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| 1 | | shall not act as underwriter or receive a legal, |
| 2 | | consulting, or other fee related to the issuance of any |
| 3 | | bond or notes issued by the Authority pursuant to Section |
| 4 | | 12c of the Chicago Transit Authority Act Metropolitan |
| 5 | | Transit Authority Act except compensation due for the |
| 6 | | preparation of the financial analysis. |
| 7 | | (b) The Auditor General shall examine the information |
| 8 | | submitted pursuant to Section 3-2.3(a)(1) through (4) and |
| 9 | | submit a report to the General Assembly, the Legislative Audit |
| 10 | | Commission, the Governor, the Northern Illinois Transit |
| 11 | | Authority Regional Transportation Authority and the Authority |
| 12 | | indicating whether (i) the required certifications by the |
| 13 | | Authority and the Board of Trustees of the Retirement Plan |
| 14 | | have been made, and (ii) the actuarial reports have been |
| 15 | | provided, the reports include all required information, the |
| 16 | | assumptions underlying those reports are not unreasonable in |
| 17 | | the aggregate, and the reports appear to comply with all |
| 18 | | pertinent professional standards, including those issued by |
| 19 | | the Actuarial Standards Board. The Auditor General shall |
| 20 | | submit such report no later than 60 days after receiving the |
| 21 | | information required to be submitted by the Authority and the |
| 22 | | Board of Trustees of the Retirement Plan. Any bonds or notes |
| 23 | | issued by the Authority under item (1) of subsection (b) of |
| 24 | | Section 12c of the Chicago Transit Authority Act Metropolitan |
| 25 | | Transit Authority Act shall be issued within 120 days after |
| 26 | | receiving such report from the Auditor General. The Authority |
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| 1 | | may not issue bonds or notes until it receives the report from |
| 2 | | the Auditor General indicating the above requirements have |
| 3 | | been met. |
| 4 | | (c) The Auditor General shall examine the information |
| 5 | | submitted pursuant to Section 3-2.3(a)(5) through (8) and |
| 6 | | submit a report to the General Assembly, the Legislative Audit |
| 7 | | Commission, the Governor, the Northern Illinois Transit |
| 8 | | Authority Regional Transportation Authority and the Authority |
| 9 | | indicating whether (i) the required certifications by the |
| 10 | | Authority and the Board of Trustees of the Retiree Health Care |
| 11 | | Trust have been made, and (ii) the actuarial reports have been |
| 12 | | provided, the reports include all required information, the |
| 13 | | assumptions underlying those reports are not unreasonable in |
| 14 | | the aggregate, and the reports appear to comply with all |
| 15 | | pertinent professional standards, including those issued by |
| 16 | | the Actuarial Standards Board. The Auditor General shall |
| 17 | | submit such report no later than 60 days after receiving the |
| 18 | | information required to be submitted by the Authority and the |
| 19 | | Board of Trustees of the Retiree Health Care Trust. Any bonds |
| 20 | | or notes issued by the Authority under item (2) of subsection |
| 21 | | (b) of Section 12c of the Chicago Transit Authority Act |
| 22 | | Metropolitan Transit Authority Act shall be issued within 120 |
| 23 | | days after receiving such report from the Auditor General. The |
| 24 | | Authority may not issue bonds or notes until it receives a |
| 25 | | report from the Auditor General indicating the above |
| 26 | | requirements have been met. |
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| 1 | | (d) In fulfilling this duty, after receiving the |
| 2 | | information submitted pursuant to Section 3-2.3(a), the |
| 3 | | Auditor General may request additional information and support |
| 4 | | pertaining to the data and conclusions contained in the |
| 5 | | submitted documents and the Authority, the Board of Trustees |
| 6 | | of the Retirement Plan and the Board of Trustees of the Retiree |
| 7 | | Health Care Trust shall cooperate with the Auditor General and |
| 8 | | provide additional information as requested in a timely |
| 9 | | manner. The Auditor General may also request from the Northern |
| 10 | | Illinois Transit Authority Regional Transportation Authority |
| 11 | | an analysis of the information submitted by the Authority |
| 12 | | relating to the sources of funds to be utilized for payment of |
| 13 | | the proposed bonds or notes of the Authority. The Auditor |
| 14 | | General's report shall not be in the nature of a post-audit or |
| 15 | | examination and shall not lead to the issuance of an opinion as |
| 16 | | that term is defined in generally accepted government auditing |
| 17 | | standards. |
| 18 | | (e) Annual Retirement Plan Submission to Auditor General. |
| 19 | | The Board of Trustees of the Retirement Plan for Chicago |
| 20 | | Transit Authority Employees established by Section 22-101 of |
| 21 | | the Illinois Pension Code shall provide the following |
| 22 | | documents to the Auditor General annually no later than |
| 23 | | September 30: |
| 24 | | (1) the most recent audit or examination of the |
| 25 | | Retirement Plan; |
| 26 | | (2) an annual statement containing the information |
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| 1 | | specified in Section 1A-109 of the Illinois Pension Code; |
| 2 | | and |
| 3 | | (3) a complete actuarial statement applicable to the |
| 4 | | prior plan year, which may be the annual report of an |
| 5 | | enrolled actuary retained by the Retirement Plan specified |
| 6 | | in Section 22-101(e) of the Illinois Pension Code. |
| 7 | | The Auditor General shall annually examine the information |
| 8 | | provided pursuant to this subsection and shall submit a report |
| 9 | | of the analysis thereof to the General Assembly, including the |
| 10 | | report specified in Section 22-101(e) of the Illinois Pension |
| 11 | | Code. |
| 12 | | (f) The Auditor General shall annually examine the |
| 13 | | information submitted pursuant to Section 22-101B(b)(3)(iii) |
| 14 | | of the Illinois Pension Code and shall prepare the |
| 15 | | determination specified in Section 22-101B(b)(3)(iv) of the |
| 16 | | Illinois Pension Code. |
| 17 | | (g) In fulfilling the duties under Sections 3-2.3(e) and |
| 18 | | (f), the Auditor General may request additional information |
| 19 | | and support pertaining to the data and conclusions contained |
| 20 | | in the submitted documents, and the Authority, the Board of |
| 21 | | Trustees of the Retirement Plan, and the Board of Trustees of |
| 22 | | the Retiree Health Care Trust shall cooperate with the Auditor |
| 23 | | General and provide additional information as requested in a |
| 24 | | timely manner. The Auditor General's review shall not be in |
| 25 | | the nature of a post-audit or examination and shall not lead to |
| 26 | | the issuance of an opinion as that term is defined in generally |
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| 1 | | accepted government auditing standards. Upon request of the |
| 2 | | Auditor General, the Commission on Government Forecasting and |
| 3 | | Accountability and the Public Pension Division of the |
| 4 | | Department of Insurance shall cooperate with and assist the |
| 5 | | Auditor General in the conduct of his review. |
| 6 | | (h) The Auditor General shall submit a bill to the |
| 7 | | Authority for costs associated with the examinations and |
| 8 | | reports specified in subsections (b) and (c) of this Section |
| 9 | | 3-2.3, which the Authority shall reimburse in a timely manner. |
| 10 | | The costs associated with the examinations and reports which |
| 11 | | are reimbursed by the Authority shall constitute a cost of |
| 12 | | issuance of the bonds or notes under Section 12c(b)(1) and (2) |
| 13 | | of the Chicago Transit Authority Act Metropolitan Transit |
| 14 | | Authority Act. The amount received shall be deposited into the |
| 15 | | fund or funds from which such costs were paid by the Auditor |
| 16 | | General. The Auditor General shall submit a bill to the |
| 17 | | Retirement Plan for Chicago Transit Authority Employees for |
| 18 | | costs associated with the examinations and reports specified |
| 19 | | in subsection (e) of this Section, which the Retirement Plan |
| 20 | | for Chicago Transit Authority Employees shall reimburse in a |
| 21 | | timely manner. The amount received shall be deposited into the |
| 22 | | fund or funds from which such costs were paid by the Auditor |
| 23 | | General. The Auditor General shall submit a bill to the |
| 24 | | Retiree Health Care Trust for costs associated with the |
| 25 | | determination specified in subsection (f) of this Section, |
| 26 | | which the Retiree Health Care Trust shall reimburse in a |
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| 1 | | timely manner. The amount received shall be deposited into the |
| 2 | | fund or funds from which such costs were paid by the Auditor |
| 3 | | General. |
| 4 | | (Source: P.A. 103-605, eff. 7-1-24.)
|
| 5 | | Section 10-45. The Illinois Pension Code is amended by |
| 6 | | changing Sections 8-230.1, 11-221.1, 18-112, and 22-101 as |
| 7 | | follows:
|
| 8 | | (40 ILCS 5/8-230.1) (from Ch. 108 1/2, par. 8-230.1) |
| 9 | | Sec. 8-230.1. Right of employees to contribute for certain |
| 10 | | other service. Any employee in the service, after having made |
| 11 | | contributions covering a period of 10 or more years to the |
| 12 | | annuity and benefit fund herein provided for, may elect to pay |
| 13 | | for and receive credit for all annuity purposes for service |
| 14 | | theretofore rendered by the employee to the Chicago Transit |
| 15 | | Authority created by the Chicago Transit Authority Act |
| 16 | | Metropolitan Transit Authority Act or its predecessor public |
| 17 | | utilities; provided that the last 5 years of service prior to |
| 18 | | retirement on annuity shall have been as an employee of the |
| 19 | | City and a contributor to this Fund. Such service credit may be |
| 20 | | paid for and granted on the same basis and conditions as are |
| 21 | | applicable in the case of employees who make payment for past |
| 22 | | service under the provisions of Section 8-230, but on the |
| 23 | | assumption that the employee's salary throughout all of his or |
| 24 | | her service with the Authority or its predecessor public |
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| 1 | | utilities was at the rate of the employee's salary at the later |
| 2 | | of the date of his or her entrance or reentrance into the |
| 3 | | service as a municipal employee, as applicable. In no event, |
| 4 | | however, shall such service be credited if the employee has |
| 5 | | not forfeited and relinquished pension credit for service |
| 6 | | covering such period under any pension or retirement plan |
| 7 | | applicable to the Authority or its predecessor public |
| 8 | | utilities and instituted and maintained by the Authority or |
| 9 | | its predecessor public utilities for the benefit of its |
| 10 | | employees. |
| 11 | | (Source: P.A. 103-455, eff. 1-1-24.)
|
| 12 | | (40 ILCS 5/11-221.1) (from Ch. 108 1/2, par. 11-221.1) |
| 13 | | Sec. 11-221.1. Right of employees to contribute for |
| 14 | | certain other service. Any employee in the service, after |
| 15 | | having made contributions covering a period of 10 or more |
| 16 | | years to the annuity and benefit fund herein provided for, may |
| 17 | | elect to pay for and receive credit for all annuity purposes |
| 18 | | for service theretofore rendered by the employee to the |
| 19 | | Chicago Transit Authority created by the Chicago Transit |
| 20 | | Authority Act Metropolitan Transit Authority Act; provided |
| 21 | | that if the employee has more than 10 years of such service, |
| 22 | | only the last 10 years of such service shall be credited. Such |
| 23 | | service credit may be paid for and granted on the same basis |
| 24 | | and conditions as are applicable in the case of employees who |
| 25 | | make payment for past service under the provisions of Section |
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| 1 | | 11-221, but on the assumption that the employee's salary |
| 2 | | throughout all of his or her service with the Authority was at |
| 3 | | the rate of the employee's salary at the date of his or her |
| 4 | | entrance into the service as an employee. In no event, |
| 5 | | however, shall such service be credited if the employee has |
| 6 | | not forfeited and relinquished pension credit for service |
| 7 | | covering such period under any pension or retirement plan |
| 8 | | applicable to the Authority and instituted and maintained by |
| 9 | | the Authority for the benefit of its employees. |
| 10 | | (Source: P.A. 90-655, eff. 7-30-98.)
|
| 11 | | (40 ILCS 5/18-112) (from Ch. 108 1/2, par. 18-112) |
| 12 | | Sec. 18-112. Service. "Service": The period beginning on |
| 13 | | the day a person first became a judge, whether prior or |
| 14 | | subsequent to the effective date, and ending on the date under |
| 15 | | consideration, excluding all intervening periods during which |
| 16 | | he or she was not a judge following resignation or expiration |
| 17 | | of any term of election or appointment. |
| 18 | | Service also includes the following: (a) Any period prior |
| 19 | | to January 1, 1964 during which a judge served as a justice of |
| 20 | | the peace, police magistrate or master in chancery, or as a |
| 21 | | civil referee, commissioner or trial assistant to the chief |
| 22 | | judge in the Municipal Court of Chicago, or performed judicial |
| 23 | | duties as an assistant to the judge of the Probate Court of |
| 24 | | Cook County. A judge shall be entitled to credit for all or as |
| 25 | | much as the judge may desire of such service, not exceeding 8 |
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| 1 | | years, upon payment of the participant's contribution covering |
| 2 | | such service at the contribution rates in effect on July 1, |
| 3 | | 1969, together with interest at 4% per annum compounded |
| 4 | | annually, from the dates the service was rendered to the date |
| 5 | | of payment, provided credit for such service had not been |
| 6 | | granted in any public pension fund or retirement system in the |
| 7 | | State. The required contributions shall be based upon the rate |
| 8 | | of salary in effect for the judge on the date he or she entered |
| 9 | | the system or on January 1, 1964, whichever is later. |
| 10 | | (b) Service rendered after January 1, 1964, as a holdover |
| 11 | | magistrate or master in chancery of the Circuit Court. A judge |
| 12 | | shall be entitled to credit for any period of such service, not |
| 13 | | exceeding a total of 8 years, together with the period of |
| 14 | | service taken into account in paragraph (a). Service credit |
| 15 | | under this paragraph is subject to the same contribution |
| 16 | | requirements and other limitations that are prescribed for |
| 17 | | service credit under paragraph (a). |
| 18 | | (c) Any period that a participant served as a member of the |
| 19 | | General Assembly, subject to the following conditions: |
| 20 | | (1) He or she has been a participant in this system for at |
| 21 | | least 4 years and has contributed to the system for service |
| 22 | | rendered as a member of the General Assembly subsequent to |
| 23 | | November 1, 1941, at the contribution rates in effect for a |
| 24 | | judge on the date of becoming a participant, including |
| 25 | | interest at 3% per annum compounded annually from the date |
| 26 | | such service was rendered to the date of payment, based on the |
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| 1 | | salary in effect during such period of service; and |
| 2 | | (2) The participant is not entitled to credit for such |
| 3 | | service in any other public retirement system in the State. |
| 4 | | (d) Any period a participant served as a judge or |
| 5 | | commissioner of the Court of Claims of this State after |
| 6 | | November 1, 1941, provided he or she contributes to the system |
| 7 | | at the contribution rates in effect on the date of becoming a |
| 8 | | participant, based on salary received during such service, |
| 9 | | including interest at 3% per annum compounded annually from |
| 10 | | the date such service was rendered to the date of payment. |
| 11 | | (e) Any period that a participant served as State's |
| 12 | | Attorney or Public Defender of any county of this State, |
| 13 | | subject to the following conditions: (1) such service was not |
| 14 | | credited under any public pension fund or retirement system; |
| 15 | | (2) the maximum service to be credited in this system shall be |
| 16 | | 8 years; (3) the participant must have at least 6 years of |
| 17 | | service as a judge and as a participant of this system; and (4) |
| 18 | | the participant has made contributions to the system for such |
| 19 | | service at the contribution rates in effect on the date of |
| 20 | | becoming a participant in this system based upon the salary of |
| 21 | | the judge on such date, including interest at 4% per annum |
| 22 | | compounded annually from such date to the date of payment. |
| 23 | | A judge who terminated service before January 26, 1988 and |
| 24 | | whose retirement annuity began after January 1, 1988 may |
| 25 | | establish credit for service as a Public Defender in |
| 26 | | accordance with the other provisions of this subsection by |
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| 1 | | making application and paying the required contributions to |
| 2 | | the Board not later than 30 days after August 23, 1989. In such |
| 3 | | cases, the Board shall recalculate the retirement annuity, |
| 4 | | effective on the first day of the next calendar month |
| 5 | | beginning at least 30 days after the application is received. |
| 6 | | (f) Any period as a participating policeman, employee or |
| 7 | | teacher under Article 5, 14 or 16 of this Code, subject to the |
| 8 | | following conditions: (1) the credits accrued under Article 5, |
| 9 | | 14 or 16 have been transferred to this system; and (2) the |
| 10 | | participant has contributed to the system an amount equal to |
| 11 | | (A) contributions at the rate in effect for participants at |
| 12 | | the date of membership in this system based upon the salary of |
| 13 | | the judge on such date, (B) the employer's share of the normal |
| 14 | | cost under this system for each year that credit is being |
| 15 | | established, based on the salary in effect at the date of |
| 16 | | membership in this system, and (C) interest at 6% per annum, |
| 17 | | compounded annually, from the date of membership to the date |
| 18 | | of payment; less (D) the amount transferred on behalf of the |
| 19 | | participant from Article 5, 14 or 16. |
| 20 | | (g) Any period that a participant served as the |
| 21 | | Administrative Director of the Circuit Court of Cook County, |
| 22 | | as Executive Director of the Home Rule Commission, as |
| 23 | | assistant corporation counsel in the Chicago Law Department, |
| 24 | | or as an employee of the Cook County Treasurer, subject to the |
| 25 | | following conditions: (1) the maximum amount of such service |
| 26 | | which may be credited is 10 years; (2) in order to qualify for |
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| 1 | | such credit in this system, a judge must have at least 6 years |
| 2 | | of service as a judge and participant of this system; (3) the |
| 3 | | last 6 years of service credited in this system shall be as a |
| 4 | | judge and a participant in this system; (4) credits accrued to |
| 5 | | the participant under any other public pension fund or public |
| 6 | | retirement system in the State, if any, by reason of the |
| 7 | | service to be established under this paragraph (g) has been |
| 8 | | transferred to this system; and (5) the participant has |
| 9 | | contributed to this system the amount, if any, by which the |
| 10 | | amount transferred pursuant to subdivision (4) of this |
| 11 | | paragraph, if any, is less than the amount which the |
| 12 | | participant would have contributed to the system during the |
| 13 | | period of time being counted as service under this paragraph |
| 14 | | had the participant been a judge participating in this system |
| 15 | | during that time, based on the rate of contribution in effect |
| 16 | | and the salary earned by the participant on the date he or she |
| 17 | | became a participant, with interest accruing on such |
| 18 | | deficiency at a rate of 5% per annum from the date he or she |
| 19 | | became a participant through the date on which such deficiency |
| 20 | | is paid. |
| 21 | | (h) Any period that a participant served as a full-time |
| 22 | | attorney employed by the Chicago Transit Authority created by |
| 23 | | the Chicago Transit Authority Act Metropolitan Transit |
| 24 | | Authority Act, subject to the following conditions: (1) any |
| 25 | | credit received for such service in the pension fund |
| 26 | | established under Section 22-101 has been terminated; (2) the |
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| 1 | | maximum amount of such service to be credited in this system |
| 2 | | shall be 10 years; (3) the participant must have at least 6 |
| 3 | | years of service as a judge and as a participant of this |
| 4 | | system; and (4) the participant has made contributions to the |
| 5 | | system for such service at the contribution rates in effect on |
| 6 | | the date of becoming a participant in this system based upon |
| 7 | | the salary of the judge on such date, including interest at 5% |
| 8 | | per annum compounded annually from such date to the date of |
| 9 | | payment. |
| 10 | | (i) Any period during which a participant received |
| 11 | | temporary total disability benefit payments, as provided in |
| 12 | | Section 18-126.1. |
| 13 | | Service during a fraction of a month shall be considered a |
| 14 | | month of service, but no more than one month of service shall |
| 15 | | be credited for all service during any calendar month. |
| 16 | | (Source: P.A. 86-272; 86-273; 86-1028; 87-1265.)
|
| 17 | | (40 ILCS 5/22-101) (from Ch. 108 1/2, par. 22-101) |
| 18 | | Sec. 22-101. Retirement Plan for Chicago Transit Authority |
| 19 | | Employees. |
| 20 | | (a) There shall be established and maintained by the |
| 21 | | Authority created by the Chicago Transit Authority Act |
| 22 | | "Metropolitan Transit Authority Act ", approved April 12, |
| 23 | | 1945, as amended, (referred to in this Section as the |
| 24 | | "Authority, ") a financially sound pension and retirement |
| 25 | | system adequate to provide for all payments when due under |
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| 1 | | such established system or as modified from time to time by |
| 2 | | ordinance of the Chicago Transit Board or collective |
| 3 | | bargaining agreement. For this purpose, the Board must make |
| 4 | | contributions to the established system as required under this |
| 5 | | Section and may make any additional contributions provided for |
| 6 | | by Board ordinance or collective bargaining agreement. The |
| 7 | | participating employees shall make such periodic payments to |
| 8 | | the established system as required under this Section and may |
| 9 | | make any additional contributions provided for by Board |
| 10 | | ordinance or collective bargaining agreement. |
| 11 | | Provisions shall be made by the Board for all officers, |
| 12 | | except those who first become members on or after January 1, |
| 13 | | 2012, and employees of the Authority appointed pursuant to the |
| 14 | | Chicago Transit Authority Act "Metropolitan Transit Authority |
| 15 | | Act" to become, subject to reasonable rules and regulations, |
| 16 | | participants of the pension or retirement system with uniform |
| 17 | | rights, privileges, obligations and status as to the class in |
| 18 | | which such officers and employees belong. The terms, |
| 19 | | conditions and provisions of any pension or retirement system |
| 20 | | or of any amendment or modification thereof affecting |
| 21 | | employees who are members of any labor organization may be |
| 22 | | established, amended or modified by agreement with such labor |
| 23 | | organization, provided the terms, conditions and provisions |
| 24 | | must be consistent with this Act, the annual funding levels |
| 25 | | for the retirement system established by law must be met and |
| 26 | | the benefits paid to future participants in the system may not |
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| 1 | | exceed the benefit ceilings set for future participants under |
| 2 | | this Act and the contribution levels required by the Authority |
| 3 | | and its employees may not be less than the contribution levels |
| 4 | | established under this Act. |
| 5 | | (b) The Board of Trustees shall consist of 11 members |
| 6 | | appointed as follows: (i) 5 trustees shall be appointed by the |
| 7 | | Chicago Transit Board; (ii) 3 trustees shall be appointed by |
| 8 | | an organization representing the highest number of Chicago |
| 9 | | Transit Authority participants; (iii) one trustee shall be |
| 10 | | appointed by an organization representing the second-highest |
| 11 | | number of Chicago Transit Authority participants; (iv) one |
| 12 | | trustee shall be appointed by the recognized coalition |
| 13 | | representatives of participants who are not represented by an |
| 14 | | organization with the highest or second-highest number of |
| 15 | | Chicago Transit Authority participants; and (v) one trustee |
| 16 | | shall be selected by the Northern Illinois Transit Authority |
| 17 | | Board Regional Transportation Authority Board of Directors, |
| 18 | | and the trustee shall be a professional fiduciary who has |
| 19 | | experience in the area of collectively bargained pension |
| 20 | | plans. Trustees shall serve until a successor has been |
| 21 | | appointed and qualified, or until resignation, death, |
| 22 | | incapacity, or disqualification. |
| 23 | | Any person appointed as a trustee of the board shall |
| 24 | | qualify by taking an oath of office that he or she will |
| 25 | | diligently and honestly administer the affairs of the system |
| 26 | | and will not knowingly violate or willfully permit the |
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| 1 | | violation of any of the provisions of law applicable to the |
| 2 | | Plan, including Sections 1-109, 1-109.1, 1-109.2, 1-110, |
| 3 | | 1-111, 1-114, and 1-115 of the Illinois Pension Code. |
| 4 | | Each trustee shall cast individual votes, and a majority |
| 5 | | vote shall be final and binding upon all interested parties, |
| 6 | | provided that the Board of Trustees may require a |
| 7 | | supermajority vote with respect to the investment of the |
| 8 | | assets of the Retirement Plan, and may set forth that |
| 9 | | requirement in the Retirement Plan documents, by-laws, or |
| 10 | | rules of the Board of Trustees. Each trustee shall have the |
| 11 | | rights, privileges, authority, and obligations as are usual |
| 12 | | and customary for such fiduciaries. |
| 13 | | The Board of Trustees may cause amounts on deposit in the |
| 14 | | Retirement Plan to be invested in those investments that are |
| 15 | | permitted investments for the investment of moneys held under |
| 16 | | any one or more of the pension or retirement systems of the |
| 17 | | State, any unit of local government or school district, or any |
| 18 | | agency or instrumentality thereof. The Board, by a vote of at |
| 19 | | least two-thirds of the trustees, may transfer investment |
| 20 | | management to the Illinois State Board of Investment, which is |
| 21 | | hereby authorized to manage these investments when so |
| 22 | | requested by the Board of Trustees. |
| 23 | | Notwithstanding any other provision of this Article or any |
| 24 | | law to the contrary, any person who first becomes a member of |
| 25 | | the Chicago Transit Board on or after January 1, 2012 shall not |
| 26 | | be eligible to participate in this Retirement Plan. |
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| 1 | | (c) All individuals who were previously participants in |
| 2 | | the Retirement Plan for Chicago Transit Authority Employees |
| 3 | | shall remain participants, and shall receive the same benefits |
| 4 | | established by the Retirement Plan for Chicago Transit |
| 5 | | Authority Employees, except as provided in this amendatory Act |
| 6 | | or by subsequent legislative enactment or amendment to the |
| 7 | | Retirement Plan. For Authority employees hired on or after the |
| 8 | | effective date of this amendatory Act of the 95th General |
| 9 | | Assembly, the Retirement Plan for Chicago Transit Authority |
| 10 | | Employees shall be the exclusive retirement plan and such |
| 11 | | employees shall not be eligible for any supplemental plan, |
| 12 | | except for a deferred compensation plan funded only by |
| 13 | | employee contributions. |
| 14 | | For all Authority employees who are first hired on or |
| 15 | | after the effective date of this amendatory Act of the 95th |
| 16 | | General Assembly and are participants in the Retirement Plan |
| 17 | | for Chicago Transit Authority Employees, the following terms, |
| 18 | | conditions and provisions with respect to retirement shall be |
| 19 | | applicable: |
| 20 | | (1) Such participant shall be eligible for an |
| 21 | | unreduced retirement allowance for life upon the |
| 22 | | attainment of age 64 with 25 years of continuous service. |
| 23 | | (2) Such participant shall be eligible for a reduced |
| 24 | | retirement allowance for life upon the attainment of age |
| 25 | | 55 with 10 years of continuous service. |
| 26 | | (3) For the purpose of determining the retirement |
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| 1 | | allowance to be paid to a retiring employee, the term |
| 2 | | "Continuous Service" as used in the Retirement Plan for |
| 3 | | Chicago Transit Authority Employees shall also be deemed |
| 4 | | to include all pension credit for service with any |
| 5 | | retirement system established under Article 8 or Article |
| 6 | | 11 of this Code, provided that the employee forfeits and |
| 7 | | relinquishes all pension credit under Article 8 or Article |
| 8 | | 11 of this Code, and the contribution required under this |
| 9 | | subsection is made by the employee. The Retirement Plan's |
| 10 | | actuary shall determine the contribution paid by the |
| 11 | | employee as an amount equal to the normal cost of the |
| 12 | | benefit accrued, had the service been rendered as an |
| 13 | | employee, plus interest per annum from the time such |
| 14 | | service was rendered until the date the payment is made. |
| 15 | | (d) From the effective date of this amendatory Act through |
| 16 | | December 31, 2008, all participating employees shall |
| 17 | | contribute to the Retirement Plan in an amount not less than 6% |
| 18 | | of compensation, and the Authority shall contribute to the |
| 19 | | Retirement Plan in an amount not less than 12% of |
| 20 | | compensation. |
| 21 | | (e)(1) Beginning January 1, 2009 the Authority shall make |
| 22 | | contributions to the Retirement Plan in an amount equal to |
| 23 | | twelve percent (12%) of compensation and participating |
| 24 | | employees shall make contributions to the Retirement Plan in |
| 25 | | an amount equal to six percent (6%) of compensation. These |
| 26 | | contributions may be paid by the Authority and participating |
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| 1 | | employees on a payroll or other periodic basis, but shall in |
| 2 | | any case be paid to the Retirement Plan at least monthly. |
| 3 | | (2) For the period ending December 31, 2040, the amount |
| 4 | | paid by the Authority in any year with respect to debt service |
| 5 | | on bonds issued for the purposes of funding a contribution to |
| 6 | | the Retirement Plan under Section 12c of the Chicago Transit |
| 7 | | Authority Act Metropolitan Transit Authority Act, other than |
| 8 | | debt service paid with the proceeds of bonds or notes issued by |
| 9 | | the Authority for any year after calendar year 2008, shall be |
| 10 | | treated as a credit against the amount of required |
| 11 | | contribution to the Retirement Plan by the Authority under |
| 12 | | subsection (e)(1) for the following year up to an amount not to |
| 13 | | exceed 6% of compensation paid by the Authority in that |
| 14 | | following year. |
| 15 | | (3) By September 15 of each year beginning in 2009 and |
| 16 | | ending on December 31, 2039, on the basis of a report prepared |
| 17 | | by an enrolled actuary retained by the Plan, the Board of |
| 18 | | Trustees of the Retirement Plan shall determine the estimated |
| 19 | | funded ratio of the total assets of the Retirement Plan to its |
| 20 | | total actuarially determined liabilities. A report containing |
| 21 | | that determination and the actuarial assumptions on which it |
| 22 | | is based shall be filed with the Authority, the |
| 23 | | representatives of its participating employees, the Auditor |
| 24 | | General of the State of Illinois, and the Northern Illinois |
| 25 | | Transit Authority Regional Transportation Authority. If the |
| 26 | | funded ratio is projected to decline below 60% in any year |
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| 1 | | before 2040, the Board of Trustees shall also determine the |
| 2 | | increased contribution required each year as a level |
| 3 | | percentage of payroll over the years remaining until 2040 |
| 4 | | using the projected unit credit actuarial cost method so the |
| 5 | | funded ratio does not decline below 60% and include that |
| 6 | | determination in its report. If the actual funded ratio |
| 7 | | declines below 60% in any year prior to 2040, the Board of |
| 8 | | Trustees shall also determine the increased contribution |
| 9 | | required each year as a level percentage of payroll during the |
| 10 | | years after the then current year using the projected unit |
| 11 | | credit actuarial cost method so the funded ratio is projected |
| 12 | | to reach at least 60% no later than 10 years after the then |
| 13 | | current year and include that determination in its report. |
| 14 | | Within 60 days after receiving the report, the Auditor General |
| 15 | | shall review the determination and the assumptions on which it |
| 16 | | is based, and if he finds that the determination and the |
| 17 | | assumptions on which it is based are unreasonable in the |
| 18 | | aggregate, he shall issue a new determination of the funded |
| 19 | | ratio, the assumptions on which it is based and the increased |
| 20 | | contribution required each year as a level percentage of |
| 21 | | payroll over the years remaining until 2040 using the |
| 22 | | projected unit credit actuarial cost method so the funded |
| 23 | | ratio does not decline below 60%, or, in the event of an actual |
| 24 | | decline below 60%, so the funded ratio is projected to reach |
| 25 | | 60% by no later than 10 years after the then current year. If |
| 26 | | the Board of Trustees or the Auditor General determine that an |
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| 1 | | increased contribution is required to meet the funded ratio |
| 2 | | required by the subsection, effective January 1 following the |
| 3 | | determination or 30 days after such determination, whichever |
| 4 | | is later, one-third of the increased contribution shall be |
| 5 | | paid by participating employees and two-thirds by the |
| 6 | | Authority, in addition to the contributions required by this |
| 7 | | subsection (1). |
| 8 | | (4) For the period beginning 2040, the minimum |
| 9 | | contribution to the Retirement Plan for each fiscal year shall |
| 10 | | be an amount determined by the Board of Trustees of the |
| 11 | | Retirement Plan to be sufficient to bring the total assets of |
| 12 | | the Retirement Plan up to 90% of its total actuarial |
| 13 | | liabilities by the end of 2059. Participating employees shall |
| 14 | | be responsible for one-third of the required contribution and |
| 15 | | the Authority shall be responsible for two-thirds of the |
| 16 | | required contribution. In making these determinations, the |
| 17 | | Board of Trustees shall calculate the required contribution |
| 18 | | each year as a level percentage of payroll over the years |
| 19 | | remaining to and including fiscal year 2059 using the |
| 20 | | projected unit credit actuarial cost method. A report |
| 21 | | containing that determination and the actuarial assumptions on |
| 22 | | which it is based shall be filed by September 15 of each year |
| 23 | | with the Authority, the representatives of its participating |
| 24 | | employees, the Auditor General of the State of Illinois and |
| 25 | | the Northern Illinois Transit Authority Regional |
| 26 | | Transportation Authority. If the funded ratio is projected to |
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| 1 | | fail to reach 90% by December 31, 2059, the Board of Trustees |
| 2 | | shall also determine the increased contribution required each |
| 3 | | year as a level percentage of payroll over the years remaining |
| 4 | | until December 31, 2059 using the projected unit credit |
| 5 | | actuarial cost method so the funded ratio will meet 90% by |
| 6 | | December 31, 2059 and include that determination in its |
| 7 | | report. Within 60 days after receiving the report, the Auditor |
| 8 | | General shall review the determination and the assumptions on |
| 9 | | which it is based and if he finds that the determination and |
| 10 | | the assumptions on which it is based are unreasonable in the |
| 11 | | aggregate, he shall issue a new determination of the funded |
| 12 | | ratio, the assumptions on which it is based and the increased |
| 13 | | contribution required each year as a level percentage of |
| 14 | | payroll over the years remaining until December 31, 2059 using |
| 15 | | the projected unit credit actuarial cost method so the funded |
| 16 | | ratio reaches no less than 90% by December 31, 2059. If the |
| 17 | | Board of Trustees or the Auditor General determine that an |
| 18 | | increased contribution is required to meet the funded ratio |
| 19 | | required by this subsection, effective January 1 following the |
| 20 | | determination or 30 days after such determination, whichever |
| 21 | | is later, one-third of the increased contribution shall be |
| 22 | | paid by participating employees and two-thirds by the |
| 23 | | Authority, in addition to the contributions required by |
| 24 | | subsection (e)(1). |
| 25 | | (5) Beginning in 2060, the minimum contribution for each |
| 26 | | year shall be the amount needed to maintain the total assets of |
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| 1 | | the Retirement Plan at 90% of the total actuarial liabilities |
| 2 | | of the Plan, and the contribution shall be funded two-thirds |
| 3 | | by the Authority and one-third by the participating employees |
| 4 | | in accordance with this subsection. |
| 5 | | (f) The Authority shall take the steps necessary to comply |
| 6 | | with Section 414(h)(2) of the Internal Revenue Code of 1986, |
| 7 | | as amended, to permit the pick-up of employee contributions |
| 8 | | under subsections (d) and (e) on a tax-deferred basis. |
| 9 | | (g) The Board of Trustees shall certify to the Governor, |
| 10 | | the General Assembly, the Auditor General, the Board of the |
| 11 | | Northern Illinois Transit Authority Regional Transportation |
| 12 | | Authority, and the Authority at least 90 days prior to the end |
| 13 | | of each fiscal year the amount of the required contributions |
| 14 | | to the retirement system for the next retirement system fiscal |
| 15 | | year under this Section. The certification shall include a |
| 16 | | copy of the actuarial recommendations upon which it is based. |
| 17 | | In addition, copies of the certification shall be sent to the |
| 18 | | Commission on Government Forecasting and Accountability and |
| 19 | | the Mayor of Chicago. |
| 20 | | (h)(1) As to an employee who first becomes entitled to a |
| 21 | | retirement allowance commencing on or after November 30, 1989, |
| 22 | | the retirement allowance shall be the amount determined in |
| 23 | | accordance with the following formula: |
| 24 | | (A) One percent (1%) of his "Average Annual |
| 25 | | Compensation in the highest four (4) completed Plan Years" |
| 26 | | for each full year of continuous service from the date of |
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| 1 | | original employment to the effective date of the Plan; |
| 2 | | plus |
| 3 | | (B) One and seventy-five hundredths percent (1.75%) of |
| 4 | | his "Average Annual Compensation in the highest four (4) |
| 5 | | completed Plan Years" for each year (including fractions |
| 6 | | thereof to completed calendar months) of continuous |
| 7 | | service as provided for in the Retirement Plan for Chicago |
| 8 | | Transit Authority Employees. |
| 9 | | Provided, however that: |
| 10 | | (2) As to an employee who first becomes entitled to a |
| 11 | | retirement allowance commencing on or after January 1, 1993, |
| 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 eighty hundredths percent (1.80%) of his |
| 20 | | "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 | | (3) As to an employee who first becomes entitled to a |
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| 1 | | retirement allowance commencing on or after January 1, 1994, |
| 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-five hundredths percent (1.85%) of |
| 10 | | his "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 | | (4) As to an employee who first becomes entitled to a |
| 17 | | retirement allowance commencing on or after January 1, 2000, |
| 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) Two percent (2%) of his "Average Annual |
| 26 | | Compensation in the highest four (4) completed Plan Years" |
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| 1 | | for each year (including fractions thereof to completed |
| 2 | | calendar months) of continuous service as provided for in |
| 3 | | the Retirement Plan for Chicago Transit Authority |
| 4 | | Employees. |
| 5 | | Provided, however that: |
| 6 | | (5) As to an employee who first becomes entitled to a |
| 7 | | retirement allowance commencing on or after January 1, 2001, |
| 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 and fifteen hundredths percent (2.15%) of his |
| 16 | | "Average Annual Compensation in the highest four (4) |
| 17 | | completed Plan Years" for each year (including fractions |
| 18 | | thereof to completed calendar months) of continuous |
| 19 | | service as provided for in the Retirement Plan for Chicago |
| 20 | | Transit Authority Employees. |
| 21 | | The changes made by this amendatory Act of the 95th |
| 22 | | General Assembly, to the extent that they affect the rights or |
| 23 | | privileges of Authority employees that are currently the |
| 24 | | subject of collective bargaining, have been agreed to between |
| 25 | | the authorized representatives of these employees and of the |
| 26 | | Authority prior to enactment of this amendatory Act, as |
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| 1 | | evidenced by a Memorandum of Understanding between these |
| 2 | | representatives that will be filed with the Secretary of State |
| 3 | | Index Department and designated as "95-GA-C05". The General |
| 4 | | Assembly finds and declares that those changes are consistent |
| 5 | | with 49 U.S.C. 5333(b) (also known as Section 13(c) of the |
| 6 | | Federal Transit Act) because of this agreement between |
| 7 | | authorized representatives of these employees and of the |
| 8 | | Authority, and that any future amendments to the provisions of |
| 9 | | this amendatory Act of the 95th General Assembly, to the |
| 10 | | extent those amendments would affect the rights and privileges |
| 11 | | of Authority employees that are currently the subject of |
| 12 | | collective bargaining, would be consistent with 49 U.S.C. |
| 13 | | 5333(b) if and only if those amendments were agreed to between |
| 14 | | these authorized representatives prior to enactment. |
| 15 | | (i) Early retirement incentive plan; funded ratio. |
| 16 | | (1) Beginning on the effective date of this Section, |
| 17 | | no early retirement incentive shall be offered to |
| 18 | | participants of the Plan unless the Funded Ratio of the |
| 19 | | Plan is at least 80% or more. |
| 20 | | (2) For the purposes of this Section, the Funded Ratio |
| 21 | | shall be the Adjusted Assets divided by the Actuarial |
| 22 | | Accrued Liability developed in accordance with Statement |
| 23 | | #25 promulgated by the Government Accounting Standards |
| 24 | | Board and the actuarial assumptions described in the Plan. |
| 25 | | The Adjusted Assets shall be calculated based on the |
| 26 | | methodology described in the Plan. |
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| 1 | | (j) Nothing in this amendatory Act of the 95th General |
| 2 | | Assembly shall impair the rights or privileges of Authority |
| 3 | | employees under any other law. |
| 4 | | (k) Any individual who, on or after August 19, 2011 (the |
| 5 | | effective date of Public Act 97-442), first becomes a |
| 6 | | participant of the Retirement Plan shall not be paid any of the |
| 7 | | benefits provided under this Code if he or she is convicted of |
| 8 | | a felony relating to, arising out of, or in connection with his |
| 9 | | or her service as a participant. |
| 10 | | This subsection (k) shall not operate to impair any |
| 11 | | contract or vested right acquired before August 19, 2011 (the |
| 12 | | effective date of Public Act 97-442) under any law or laws |
| 13 | | continued in this Code, and it shall not preclude the right to |
| 14 | | refund. |
| 15 | | (Source: P.A. 97-442, eff. 8-19-11; 97-609, eff. 1-1-12; |
| 16 | | 97-813, eff. 7-13-12.)
|
| 17 | | Section 10-60. The Telecommunication Devices for the Deaf |
| 18 | | Act is amended by changing Section 2 as follows:
|
| 19 | | (410 ILCS 55/2) (from Ch. 111 1/2, par. 4202) |
| 20 | | Sec. 2. As used in this Act, unless the context otherwise |
| 21 | | requires: |
| 22 | | (a) "Telecommunication device for the deaf" means a |
| 23 | | teletypewriter or other instrument for telecommunication in |
| 24 | | which speaking or hearing is not required for communication. |
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| 1 | | (b) "Public Safety Agency" means any unit of local |
| 2 | | government or special purpose district within the State which |
| 3 | | has authority to provide firefighting, police, or other |
| 4 | | emergency services. |
| 5 | | (c) "Department" means the Department of Human Services. |
| 6 | | (d) "Major public transportation site" means any airport |
| 7 | | or railroad station in the State providing commercial rail or |
| 8 | | airline service to the general public, that serves and is |
| 9 | | located within 20 miles of a municipality with a population of |
| 10 | | 25,000 or more, except for any facility under the jurisdiction |
| 11 | | of the Commuter Rail Division created by the Northern Illinois |
| 12 | | Transit Regional Transportation Authority Act or the Chicago |
| 13 | | Transit Authority created by the Chicago Transit Authority Act |
| 14 | | Metropolitan Transit Authority Act. |
| 15 | | (e) "General traveling public" are individuals making use |
| 16 | | of the commercial rail and airline services which are provided |
| 17 | | at major public transportation sites. |
| 18 | | (Source: P.A. 89-507, eff. 7-1-97.)
|
| 19 | | Section 10-65. The Illinois Highway Code is amended by |
| 20 | | changing Sections 5-701.8 and 7-202.14 as follows:
|
| 21 | | (605 ILCS 5/5-701.8) (from Ch. 121, par. 5-701.8) |
| 22 | | Sec. 5-701.8. Any county board may also turn over a |
| 23 | | portion of the motor fuel tax funds allotted to it to: (a) a |
| 24 | | local Mass Transit District if the county created such |
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| 1 | | District pursuant to the "Local Mass Transit District Act", |
| 2 | | approved July 21, 1959, as now or hereafter amended; |
| 3 | | (b) a local Transit Commission if such commission is |
| 4 | | created pursuant to Section 14-101 of The Public Utilities |
| 5 | | Act; or |
| 6 | | (c) the Chicago Transit Authority established pursuant to |
| 7 | | the Chicago Transit Authority Act "Metropolitan Transit |
| 8 | | Authority Act ", approved April 12, 1945, as now or hereafter |
| 9 | | amended. |
| 10 | | (Source: P.A. 85-1209.)
|
| 11 | | (605 ILCS 5/7-202.14) (from Ch. 121, par. 7-202.14) |
| 12 | | Sec. 7-202.14. Any municipality may by ordinance of the |
| 13 | | corporate authorities turn over a portion of its allotment to: |
| 14 | | (a) a local Mass Transit District if the municipality |
| 15 | | created such a District pursuant to the "Local Mass Transit |
| 16 | | District Act", approved July 21, 1959, as now or hereafter |
| 17 | | amended; |
| 18 | | (b) a local Transit Commission if the municipality |
| 19 | | established such commission pursuant to Section 14-101 of The |
| 20 | | Public Utilities Act; or |
| 21 | | (c) the Chicago Transit Authority established pursuant to |
| 22 | | the Chicago Transit Authority Act "Metropolitan Transit |
| 23 | | Authority Act ", approved April 12, 1945, as now or hereafter |
| 24 | | amended. |
| 25 | | (Source: P.A. 85-1209.)
|
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| 1 | | Section 10-70. The Criminal Code of 2012 is amended by |
| 2 | | changing Section 21-5 as follows:
|
| 3 | | (720 ILCS 5/21-5) (from Ch. 38, par. 21-5) |
| 4 | | Sec. 21-5. Criminal trespass to State supported land. |
| 5 | | (a) A person commits criminal trespass to State supported |
| 6 | | land when he or she enters upon land supported in whole or in |
| 7 | | part with State funds, or federal funds administered or |
| 8 | | granted through State agencies or any building on the land, |
| 9 | | after receiving, prior to the entry, notice from the State or |
| 10 | | its representative that the entry is forbidden, or remains |
| 11 | | upon the land or in the building after receiving notice from |
| 12 | | the State or its representative to depart, and who thereby |
| 13 | | interferes with another person's lawful use or enjoyment of |
| 14 | | the building or land. |
| 15 | | A person has received notice from the State within the |
| 16 | | meaning of this subsection if he or she has been notified |
| 17 | | personally, either orally or in writing, or if a printed or |
| 18 | | written notice forbidding entry to him or her or a group of |
| 19 | | which he or she is a part, has been conspicuously posted or |
| 20 | | exhibited at the main entrance to the land or the forbidden |
| 21 | | part thereof. |
| 22 | | (a-5) A person commits criminal trespass to State |
| 23 | | supported land when he or she enters upon a right-of-way right |
| 24 | | of way, including facilities and improvements thereon, owned, |
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| 1 | | leased, or otherwise used by a public body or district |
| 2 | | organized under the Chicago Transit Authority Act Metropolitan |
| 3 | | Transit Authority Act, the Local Mass Transit District Act, or |
| 4 | | the Northern Illinois Transit Regional Transportation |
| 5 | | Authority Act, after receiving, prior to the entry, notice |
| 6 | | from the public body or district, or its representative, that |
| 7 | | the entry is forbidden, or the person remains upon the |
| 8 | | right-of-way right of way after receiving notice from the |
| 9 | | public body or district, or its representative, to depart, and |
| 10 | | in either of these instances intends to compromise public |
| 11 | | safety by causing a delay in transit service lasting more than |
| 12 | | 15 minutes or destroying property. |
| 13 | | A person has received notice from the public body or |
| 14 | | district within the meaning of this subsection if he or she has |
| 15 | | been notified personally, either orally or in writing, or if a |
| 16 | | printed or written notice forbidding entry to him or her has |
| 17 | | been conspicuously posted or exhibited at any point of |
| 18 | | entrance to the right-of-way right of way or the forbidden |
| 19 | | part of the right-of-way right of way. |
| 20 | | As used in this subsection (a-5), "right-of-way right of |
| 21 | | way" has the meaning ascribed to it in Section 18c-7502 of the |
| 22 | | Illinois Vehicle Code. |
| 23 | | (b) A person commits criminal trespass to State supported |
| 24 | | land when he or she enters upon land supported in whole or in |
| 25 | | part with State funds, or federal funds administered or |
| 26 | | granted through State agencies or any building on the land by |
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| 1 | | presenting false documents or falsely representing his or her |
| 2 | | identity orally to the State or its representative in order to |
| 3 | | obtain permission from the State or its representative to |
| 4 | | enter the building or land; or remains upon the land or in the |
| 5 | | building by presenting false documents or falsely representing |
| 6 | | his or her identity orally to the State or its representative |
| 7 | | in order to remain upon the land or in the building, and who |
| 8 | | thereby interferes with another person's lawful use or |
| 9 | | enjoyment of the building or land. |
| 10 | | This subsection does not apply to a peace officer or other |
| 11 | | official of a unit of government who enters upon land |
| 12 | | supported in whole or in part with State funds, or federal |
| 13 | | funds administered or granted through State agencies or any |
| 14 | | building on the land in the performance of his or her official |
| 15 | | duties. |
| 16 | | (c) Sentence. Criminal trespass to State supported land is |
| 17 | | a Class A misdemeanor, except a violation of subsection (a-5) |
| 18 | | of this Section is a Class A misdemeanor for a first violation |
| 19 | | and a Class 4 felony for a second or subsequent violation. |
| 20 | | (Source: P.A. 97-1108, eff. 1-1-13; 98-748, eff. 1-1-15.)
|
| 21 | | Section 10-75. The Eminent Domain Act is amended by |
| 22 | | changing Section 15-5-15 as follows:
|
| 23 | | (735 ILCS 30/15-5-15) |
| 24 | | Sec. 15-5-15. Eminent domain powers in ILCS Chapters 70 |
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| 1 | | through 75. The following provisions of law may include |
| 2 | | express grants of the power to acquire property by |
| 3 | | condemnation or eminent domain:
|
| 4 | | (70 ILCS 5/8.02 and 5/9); Airport Authorities Act; airport |
| 5 | | authorities; for public airport facilities. |
| 6 | | (70 ILCS 5/8.05 and 5/9); Airport Authorities Act; airport |
| 7 | | authorities; for removal of airport hazards. |
| 8 | | (70 ILCS 5/8.06 and 5/9); Airport Authorities Act; airport |
| 9 | | authorities; for reduction of the height of objects or |
| 10 | | structures. |
| 11 | | (70 ILCS 10/4); Interstate Airport Authorities Act; interstate |
| 12 | | airport authorities; for general purposes. |
| 13 | | (70 ILCS 15/3); Kankakee River Valley Area Airport Authority |
| 14 | | Act; Kankakee River Valley Area Airport Authority; for |
| 15 | | acquisition of land for airports. |
| 16 | | (70 ILCS 200/2-20); Civic Center Code; civic center |
| 17 | | authorities; for grounds, centers, buildings, and parking. |
| 18 | | (70 ILCS 200/5-35); Civic Center Code; Aledo Civic Center |
| 19 | | Authority; for grounds, centers, buildings, and parking. |
| 20 | | (70 ILCS 200/10-15); Civic Center Code; Aurora Metropolitan |
| 21 | | Exposition, Auditorium and Office Building Authority; for |
| 22 | | grounds, centers, buildings, and parking. |
| 23 | | (70 ILCS 200/15-40); Civic Center Code; Benton Civic Center |
| 24 | | Authority; for grounds, centers, buildings, and parking. |
| 25 | | (70 ILCS 200/20-15); Civic Center Code; Bloomington Civic |
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| 1 | | Center Authority; for grounds, centers, buildings, and |
| 2 | | parking. |
| 3 | | (70 ILCS 200/35-35); Civic Center Code; Brownstown Park |
| 4 | | District Civic Center Authority; for grounds, centers, |
| 5 | | buildings, and parking. |
| 6 | | (70 ILCS 200/40-35); Civic Center Code; Carbondale Civic |
| 7 | | Center Authority; for grounds, centers, buildings, and |
| 8 | | parking. |
| 9 | | (70 ILCS 200/55-60); Civic Center Code; Chicago South Civic |
| 10 | | Center Authority; for grounds, centers, buildings, and |
| 11 | | parking. |
| 12 | | (70 ILCS 200/60-30); Civic Center Code; Collinsville |
| 13 | | Metropolitan Exposition, Auditorium and Office Building |
| 14 | | Authority; for grounds, centers, buildings, and parking. |
| 15 | | (70 ILCS 200/70-35); Civic Center Code; Crystal Lake Civic |
| 16 | | Center Authority; for grounds, centers, buildings, and |
| 17 | | parking. |
| 18 | | (70 ILCS 200/75-20); Civic Center Code; Decatur Metropolitan |
| 19 | | Exposition, Auditorium and Office Building Authority; for |
| 20 | | grounds, centers, buildings, and parking. |
| 21 | | (70 ILCS 200/80-15); Civic Center Code; DuPage County |
| 22 | | Metropolitan Exposition, Auditorium and Office Building |
| 23 | | Authority; for grounds, centers, buildings, and parking. |
| 24 | | (70 ILCS 200/85-35); Civic Center Code; Elgin Metropolitan |
| 25 | | Exposition, Auditorium and Office Building Authority; for |
| 26 | | grounds, centers, buildings, and parking. |
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| 1 | | (70 ILCS 200/95-25); Civic Center Code; Herrin Metropolitan |
| 2 | | Exposition, Auditorium and Office Building Authority; for |
| 3 | | grounds, centers, buildings, and parking. |
| 4 | | (70 ILCS 200/110-35); Civic Center Code; Illinois Valley Civic |
| 5 | | Center Authority; for grounds, centers, buildings, and |
| 6 | | parking. |
| 7 | | (70 ILCS 200/115-35); Civic Center Code; Jasper County Civic |
| 8 | | Center Authority; for grounds, centers, buildings, and |
| 9 | | parking. |
| 10 | | (70 ILCS 200/120-25); Civic Center Code; Jefferson County |
| 11 | | Metropolitan Exposition, Auditorium and Office Building |
| 12 | | Authority; for grounds, centers, buildings, and parking. |
| 13 | | (70 ILCS 200/125-15); Civic Center Code; Jo Daviess County |
| 14 | | Civic Center Authority; for grounds, centers, buildings, |
| 15 | | and parking. |
| 16 | | (70 ILCS 200/130-30); Civic Center Code; Katherine Dunham |
| 17 | | Metropolitan Exposition, Auditorium and Office Building |
| 18 | | Authority; for grounds, centers, buildings, and parking. |
| 19 | | (70 ILCS 200/145-35); Civic Center Code; Marengo Civic Center |
| 20 | | Authority; for grounds, centers, buildings, and parking. |
| 21 | | (70 ILCS 200/150-35); Civic Center Code; Mason County Civic |
| 22 | | Center Authority; for grounds, centers, buildings, and |
| 23 | | parking. |
| 24 | | (70 ILCS 200/155-15); Civic Center Code; Matteson Metropolitan |
| 25 | | Civic Center Authority; for grounds, centers, buildings, |
| 26 | | and parking. |
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| 1 | | (70 ILCS 200/160-35); Civic Center Code; Maywood Civic Center |
| 2 | | Authority; for grounds, centers, buildings, and parking. |
| 3 | | (70 ILCS 200/165-35); Civic Center Code; Melrose Park |
| 4 | | Metropolitan Exposition Auditorium and Office Building |
| 5 | | Authority; for grounds, centers, buildings, and parking. |
| 6 | | (70 ILCS 200/170-20); Civic Center Code; certain Metropolitan |
| 7 | | Exposition, Auditorium and Office Building Authorities; |
| 8 | | for general purposes. |
| 9 | | (70 ILCS 200/180-35); Civic Center Code; Normal Civic Center |
| 10 | | Authority; for grounds, centers, buildings, and parking. |
| 11 | | (70 ILCS 200/185-15); Civic Center Code; Oak Park Civic Center |
| 12 | | Authority; for grounds, centers, buildings, and parking. |
| 13 | | (70 ILCS 200/195-35); Civic Center Code; Ottawa Civic Center |
| 14 | | Authority; for grounds, centers, buildings, and parking. |
| 15 | | (70 ILCS 200/200-15); Civic Center Code; Pekin Civic Center |
| 16 | | Authority; for grounds, centers, buildings, and parking. |
| 17 | | (70 ILCS 200/205-15); Civic Center Code; Peoria Civic Center |
| 18 | | Authority; for grounds, centers, buildings, and parking. |
| 19 | | (70 ILCS 200/210-35); Civic Center Code; Pontiac Civic Center |
| 20 | | Authority; for grounds, centers, buildings, and parking. |
| 21 | | (70 ILCS 200/215-15); Civic Center Code; Illinois Quad City |
| 22 | | Civic Center Authority; for grounds, centers, buildings, |
| 23 | | and parking. |
| 24 | | (70 ILCS 200/220-30); Civic Center Code; Quincy Metropolitan |
| 25 | | Exposition, Auditorium and Office Building Authority; for |
| 26 | | grounds, centers, buildings, and parking. |
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| 1 | | (70 ILCS 200/225-35); Civic Center Code; Randolph County Civic |
| 2 | | Center Authority; for grounds, centers, buildings, and |
| 3 | | parking. |
| 4 | | (70 ILCS 200/230-35); Civic Center Code; River Forest |
| 5 | | Metropolitan Exposition, Auditorium and Office Building |
| 6 | | Authority; for grounds, centers, buildings, and parking. |
| 7 | | (70 ILCS 200/235-40); Civic Center Code; Riverside Civic |
| 8 | | Center Authority; for grounds, centers, buildings, and |
| 9 | | parking. |
| 10 | | (70 ILCS 200/245-35); Civic Center Code; Salem Civic Center |
| 11 | | Authority; for grounds, centers, buildings, and parking. |
| 12 | | (70 ILCS 200/255-20); Civic Center Code; Springfield |
| 13 | | Metropolitan Exposition and Auditorium Authority; for |
| 14 | | grounds, centers, and parking. |
| 15 | | (70 ILCS 200/260-35); Civic Center Code; Sterling Metropolitan |
| 16 | | Exposition, Auditorium and Office Building Authority; for |
| 17 | | grounds, centers, buildings, and parking. |
| 18 | | (70 ILCS 200/265-20); Civic Center Code; Vermilion County |
| 19 | | Metropolitan Exposition, Auditorium and Office Building |
| 20 | | Authority; for grounds, centers, buildings, and parking. |
| 21 | | (70 ILCS 200/270-35); Civic Center Code; Waukegan Civic Center |
| 22 | | Authority; for grounds, centers, buildings, and parking. |
| 23 | | (70 ILCS 200/275-35); Civic Center Code; West Frankfort Civic |
| 24 | | Center Authority; for grounds, centers, buildings, and |
| 25 | | parking. |
| 26 | | (70 ILCS 200/280-20); Civic Center Code; Will County |
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| 1 | | Metropolitan Exposition and Auditorium Authority; for |
| 2 | | grounds, centers, and parking. |
| 3 | | (70 ILCS 210/5); Metropolitan Pier and Exposition Authority |
| 4 | | Act; Metropolitan Pier and Exposition Authority; for |
| 5 | | general purposes, including quick-take power. |
| 6 | | (70 ILCS 405/22.04); Soil and Water Conservation Districts |
| 7 | | Act; soil and water conservation districts; for general |
| 8 | | purposes. |
| 9 | | (70 ILCS 410/10 and 410/12); Conservation District Act; |
| 10 | | conservation districts; for open space, wildland, scenic |
| 11 | | roadway, pathway, outdoor recreation, or other |
| 12 | | conservation benefits. |
| 13 | | (70 ILCS 503/25); Chanute-Rantoul National Aviation Center |
| 14 | | Redevelopment Commission Act; Chanute-Rantoul National |
| 15 | | Aviation Center Redevelopment Commission; for general |
| 16 | | purposes. |
| 17 | | (70 ILCS 507/15); Fort Sheridan Redevelopment Commission Act; |
| 18 | | Fort Sheridan Redevelopment Commission; for general |
| 19 | | purposes or to carry out comprehensive or redevelopment |
| 20 | | plans. |
| 21 | | (70 ILCS 520/8); Southwestern Illinois Development Authority |
| 22 | | Act; Southwestern Illinois Development Authority; for |
| 23 | | general purposes, including quick-take power. |
| 24 | | (70 ILCS 605/4-17 and 605/5-7); Illinois Drainage Code; |
| 25 | | drainage districts; for general purposes. |
| 26 | | (70 ILCS 615/5 and 615/6); Chicago Drainage District Act; |
|
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| 1 | | corporate authorities; for construction and maintenance of |
| 2 | | works. |
| 3 | | (70 ILCS 705/10); Fire Protection District Act; fire |
| 4 | | protection districts; for general purposes. |
| 5 | | (70 ILCS 750/20); Flood Prevention District Act; flood |
| 6 | | prevention districts; for general purposes. |
| 7 | | (70 ILCS 805/6); Downstate Forest Preserve District Act; |
| 8 | | certain forest preserve districts; for general purposes. |
| 9 | | (70 ILCS 805/18.8); Downstate Forest Preserve District Act; |
| 10 | | certain forest preserve districts; for recreational and |
| 11 | | cultural facilities. |
| 12 | | (70 ILCS 810/8); Cook County Forest Preserve District Act; |
| 13 | | Forest Preserve District of Cook County; for general |
| 14 | | purposes. |
| 15 | | (70 ILCS 810/38); Cook County Forest Preserve District Act; |
| 16 | | Forest Preserve District of Cook County; for recreational |
| 17 | | facilities. |
| 18 | | (70 ILCS 910/15 and 910/16); Hospital District Law; hospital |
| 19 | | districts; for hospitals or hospital facilities. |
| 20 | | (70 ILCS 915/3); Illinois Medical District Act; Illinois |
| 21 | | Medical District Commission; for general purposes. |
| 22 | | (70 ILCS 915/4.5); Illinois Medical District Act; Illinois |
| 23 | | Medical District Commission; quick-take power for the |
| 24 | | Illinois State Police Forensic Science Laboratory |
| 25 | | (obsolete). |
| 26 | | (70 ILCS 920/5); Tuberculosis Sanitarium District Act; |
|
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| 1 | | tuberculosis sanitarium districts; for tuberculosis |
| 2 | | sanitariums. |
| 3 | | (70 ILCS 925/20); Mid-Illinois Medical District Act; |
| 4 | | Mid-Illinois Medical District; for general purposes. |
| 5 | | (70 ILCS 930/20); Mid-America Medical District Act; |
| 6 | | Mid-America Medical District Commission; for general |
| 7 | | purposes. |
| 8 | | (70 ILCS 935/20); Roseland Community Medical District Act; |
| 9 | | medical district; for general purposes. |
| 10 | | (70 ILCS 1005/7); Mosquito Abatement District Act; mosquito |
| 11 | | abatement districts; for general purposes. |
| 12 | | (70 ILCS 1105/8); Museum District Act; museum districts; for |
| 13 | | general purposes. |
| 14 | | (70 ILCS 1205/7-1); Park District Code; park districts; for |
| 15 | | streets and other purposes. |
| 16 | | (70 ILCS 1205/8-1); Park District Code; park districts; for |
| 17 | | parks. |
| 18 | | (70 ILCS 1205/9-2 and 1205/9-4); Park District Code; park |
| 19 | | districts; for airports and landing fields. |
| 20 | | (70 ILCS 1205/11-2 and 1205/11-3); Park District Code; park |
| 21 | | districts; for State land abutting public water and |
| 22 | | certain access rights. |
| 23 | | (70 ILCS 1205/11.1-3); Park District Code; park districts; for |
| 24 | | harbors. |
| 25 | | (70 ILCS 1225/2); Park Commissioners Land Condemnation Act; |
| 26 | | park districts; for street widening. |
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| 1 | | (70 ILCS 1230/1 and 1230/1-a); Park Commissioners Water |
| 2 | | Control Act; park districts; for parks, boulevards, |
| 3 | | driveways, parkways, viaducts, bridges, or tunnels. |
| 4 | | (70 ILCS 1250/2); Park Commissioners Street Control (1889) |
| 5 | | Act; park districts; for boulevards or driveways. |
| 6 | | (70 ILCS 1290/1); Park District Aquarium and Museum Act; |
| 7 | | municipalities or park districts; for aquariums or |
| 8 | | museums. |
| 9 | | (70 ILCS 1305/2); Park District Airport Zoning Act; park |
| 10 | | districts; for restriction of the height of structures. |
| 11 | | (70 ILCS 1310/5); Park District Elevated Highway Act; park |
| 12 | | districts; for elevated highways. |
| 13 | | (70 ILCS 1505/15); Chicago Park District Act; Chicago Park |
| 14 | | District; for parks and other purposes. |
| 15 | | (70 ILCS 1505/25.1); Chicago Park District Act; Chicago Park |
| 16 | | District; for parking lots or garages. |
| 17 | | (70 ILCS 1505/26.3); Chicago Park District Act; Chicago Park |
| 18 | | District; for harbors. |
| 19 | | (70 ILCS 1570/5); Lincoln Park Commissioners Land Condemnation |
| 20 | | Act; Lincoln Park Commissioners; for land and interests in |
| 21 | | land, including riparian rights. |
| 22 | | (70 ILCS 1801/30); Alexander-Cairo Port District Act; |
| 23 | | Alexander-Cairo Port District; for general purposes. |
| 24 | | (70 ILCS 1805/8); Havana Regional Port District Act; Havana |
| 25 | | Regional Port District; for general purposes. |
| 26 | | (70 ILCS 1810/7); Illinois International Port District Act; |
|
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| 1 | | Illinois International Port District; for general |
| 2 | | purposes. |
| 3 | | (70 ILCS 1815/13); Illinois Valley Regional Port District Act; |
| 4 | | Illinois Valley Regional Port District; for general |
| 5 | | purposes. |
| 6 | | (70 ILCS 1820/4); Jackson-Union Counties Regional Port |
| 7 | | District Act; Jackson-Union Counties Regional Port |
| 8 | | District; for removal of airport hazards or reduction of |
| 9 | | the height of objects or structures. |
| 10 | | (70 ILCS 1820/5); Jackson-Union Counties Regional Port |
| 11 | | District Act; Jackson-Union Counties Regional Port |
| 12 | | District; for general purposes. |
| 13 | | (70 ILCS 1825/4.9); Joliet Regional Port District Act; Joliet |
| 14 | | Regional Port District; for removal of airport hazards. |
| 15 | | (70 ILCS 1825/4.10); Joliet Regional Port District Act; Joliet |
| 16 | | Regional Port District; for reduction of the height of |
| 17 | | objects or structures. |
| 18 | | (70 ILCS 1825/4.18); Joliet Regional Port District Act; Joliet |
| 19 | | Regional Port District; for removal of hazards from ports |
| 20 | | and terminals. |
| 21 | | (70 ILCS 1825/5); Joliet Regional Port District Act; Joliet |
| 22 | | Regional Port District; for general purposes. |
| 23 | | (70 ILCS 1830/7.1); Kaskaskia Regional Port District Act; |
| 24 | | Kaskaskia Regional Port District; for removal of hazards |
| 25 | | from ports and terminals. |
| 26 | | (70 ILCS 1830/14); Kaskaskia Regional Port District Act; |
|
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| 1 | | Kaskaskia Regional Port District; for general purposes. |
| 2 | | (70 ILCS 1831/30); Massac-Metropolis Port District Act; |
| 3 | | Massac-Metropolis Port District; for general purposes. |
| 4 | | (70 ILCS 1835/5.10); Mt. Carmel Regional Port District Act; |
| 5 | | Mt. Carmel Regional Port District; for removal of airport |
| 6 | | hazards. |
| 7 | | (70 ILCS 1835/5.11); Mt. Carmel Regional Port District Act; |
| 8 | | Mt. Carmel Regional Port District; for reduction of the |
| 9 | | height of objects or structures. |
| 10 | | (70 ILCS 1835/6); Mt. Carmel Regional Port District Act; Mt. |
| 11 | | Carmel Regional Port District; for general purposes. |
| 12 | | (70 ILCS 1837/30); Ottawa Port District Act; Ottawa Port |
| 13 | | District; for general purposes. |
| 14 | | (70 ILCS 1842/30 and 1842/35); Rock Island Regional Port |
| 15 | | District Act; Rock Island Regional Port District and |
| 16 | | participating municipalities; for general Port District |
| 17 | | purposes. |
| 18 | | (70 ILCS 1845/4.9); Seneca Regional Port District Act; Seneca |
| 19 | | Regional Port District; for removal of airport hazards. |
| 20 | | (70 ILCS 1845/4.10); Seneca Regional Port District Act; Seneca |
| 21 | | Regional Port District; for reduction of the height of |
| 22 | | objects or structures. |
| 23 | | (70 ILCS 1845/5); Seneca Regional Port District Act; Seneca |
| 24 | | Regional Port District; for general purposes. |
| 25 | | (70 ILCS 1850/4); Shawneetown Regional Port District Act; |
| 26 | | Shawneetown Regional Port District; for removal of airport |
|
| | 10400SB2111ham002 | - 716 - | LRB104 09876 RTM 29432 a |
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| 1 | | hazards or reduction of the height of objects or |
| 2 | | structures. |
| 3 | | (70 ILCS 1850/5); Shawneetown Regional Port District Act; |
| 4 | | Shawneetown Regional Port District; for general purposes. |
| 5 | | (70 ILCS 1855/4); Southwest Regional Port District Act; |
| 6 | | Southwest Regional Port District; for removal of airport |
| 7 | | hazards or reduction of the height of objects or |
| 8 | | structures. |
| 9 | | (70 ILCS 1855/5); Southwest Regional Port District Act; |
| 10 | | Southwest Regional Port District; for general purposes. |
| 11 | | (70 ILCS 1860/4); Tri-City Regional Port District Act; |
| 12 | | Tri-City Regional Port District; for removal of airport |
| 13 | | hazards. |
| 14 | | (70 ILCS 1860/5); Tri-City Regional Port District Act; |
| 15 | | Tri-City Regional Port District; for the development of |
| 16 | | facilities. |
| 17 | | (70 ILCS 1863/11); Upper Mississippi River International Port |
| 18 | | District Act; Upper Mississippi River International Port |
| 19 | | District; for general purposes. |
| 20 | | (70 ILCS 1865/4.9); Waukegan Port District Act; Waukegan Port |
| 21 | | District; for removal of airport hazards. |
| 22 | | (70 ILCS 1865/4.10); Waukegan Port District Act; Waukegan Port |
| 23 | | District; for restricting the height of objects or |
| 24 | | structures. |
| 25 | | (70 ILCS 1865/5); Waukegan Port District Act; Waukegan Port |
| 26 | | District; for the development of facilities. |
|
| | 10400SB2111ham002 | - 717 - | LRB104 09876 RTM 29432 a |
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| 1 | | (70 ILCS 1870/8); White County Port District Act; White County |
| 2 | | Port District; for the development of facilities. |
| 3 | | (70 ILCS 1905/16); Railroad Terminal Authority Act; Railroad |
| 4 | | Terminal Authority (Chicago); for general purposes. |
| 5 | | (70 ILCS 1915/25); Grand Avenue Railroad Relocation Authority |
| 6 | | Act; Grand Avenue Railroad Relocation Authority; for |
| 7 | | general purposes, including quick-take power (now |
| 8 | | obsolete). |
| 9 | | (70 ILCS 1935/25); Elmwood Park Grade Separation Authority |
| 10 | | Act; Elmwood Park Grade Separation Authority; for general |
| 11 | | purposes. |
| 12 | | (70 ILCS 2105/9b); River Conservancy Districts Act; river |
| 13 | | conservancy districts; for general purposes. |
| 14 | | (70 ILCS 2105/10a); River Conservancy Districts Act; river |
| 15 | | conservancy districts; for corporate purposes. |
| 16 | | (70 ILCS 2205/15); Sanitary District Act of 1907; sanitary |
| 17 | | districts; for corporate purposes. |
| 18 | | (70 ILCS 2205/18); Sanitary District Act of 1907; sanitary |
| 19 | | districts; for improvements and works. |
| 20 | | (70 ILCS 2205/19); Sanitary District Act of 1907; sanitary |
| 21 | | districts; for access to property. |
| 22 | | (70 ILCS 2305/8); North Shore Water Reclamation District Act; |
| 23 | | North Shore Water Reclamation District; for corporate |
| 24 | | purposes. |
| 25 | | (70 ILCS 2305/15); North Shore Water Reclamation District Act; |
| 26 | | North Shore Water Reclamation District; for improvements. |
|
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| 1 | | (70 ILCS 2405/7.9); Sanitary District Act of 1917; Sanitary |
| 2 | | District of Decatur; for carrying out agreements to sell, |
| 3 | | convey, or disburse treated wastewater to a private |
| 4 | | entity. |
| 5 | | (70 ILCS 2405/8); Sanitary District Act of 1917; sanitary |
| 6 | | districts; for corporate purposes. |
| 7 | | (70 ILCS 2405/15); Sanitary District Act of 1917; sanitary |
| 8 | | districts; for improvements. |
| 9 | | (70 ILCS 2405/16.9 and 2405/16.10); Sanitary District Act of |
| 10 | | 1917; sanitary districts; for waterworks. |
| 11 | | (70 ILCS 2405/17.2); Sanitary District Act of 1917; sanitary |
| 12 | | districts; for public sewer and water utility treatment |
| 13 | | works. |
| 14 | | (70 ILCS 2405/18); Sanitary District Act of 1917; sanitary |
| 15 | | districts; for dams or other structures to regulate water |
| 16 | | flow. |
| 17 | | (70 ILCS 2605/8); Metropolitan Water Reclamation District Act; |
| 18 | | Metropolitan Water Reclamation District; for corporate |
| 19 | | purposes. |
| 20 | | (70 ILCS 2605/16); Metropolitan Water Reclamation District |
| 21 | | Act; Metropolitan Water Reclamation District; quick-take |
| 22 | | power for improvements. |
| 23 | | (70 ILCS 2605/17); Metropolitan Water Reclamation District |
| 24 | | Act; Metropolitan Water Reclamation District; for bridges. |
| 25 | | (70 ILCS 2605/35); Metropolitan Water Reclamation District |
| 26 | | Act; Metropolitan Water Reclamation District; for widening |
|
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| 1 | | and deepening a navigable stream. |
| 2 | | (70 ILCS 2805/10); Sanitary District Act of 1936; sanitary |
| 3 | | districts; for corporate purposes. |
| 4 | | (70 ILCS 2805/24); Sanitary District Act of 1936; sanitary |
| 5 | | districts; for improvements. |
| 6 | | (70 ILCS 2805/26i and 2805/26j); Sanitary District Act of |
| 7 | | 1936; sanitary districts; for drainage systems. |
| 8 | | (70 ILCS 2805/27); Sanitary District Act of 1936; sanitary |
| 9 | | districts; for dams or other structures to regulate water |
| 10 | | flow. |
| 11 | | (70 ILCS 2805/32k); Sanitary District Act of 1936; sanitary |
| 12 | | districts; for water supply. |
| 13 | | (70 ILCS 2805/32l); Sanitary District Act of 1936; sanitary |
| 14 | | districts; for waterworks. |
| 15 | | (70 ILCS 2905/2-7); Metro-East Sanitary District Act of 1974; |
| 16 | | Metro-East Sanitary District; for corporate purposes. |
| 17 | | (70 ILCS 2905/2-8); Metro-East Sanitary District Act of 1974; |
| 18 | | Metro-East Sanitary District; for access to property. |
| 19 | | (70 ILCS 3010/10); Sanitary District Revenue Bond Act; |
| 20 | | sanitary districts; for sewerage systems. |
| 21 | | (70 ILCS 3205/12); Illinois Sports Facilities Authority Act; |
| 22 | | Illinois Sports Facilities Authority; quick-take power for |
| 23 | | its corporate purposes (obsolete). |
| 24 | | (70 ILCS 3405/16); Surface Water Protection District Act; |
| 25 | | surface water protection districts; for corporate |
| 26 | | purposes. |
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| 1 | | (70 ILCS 3605/7); Chicago Metropolitan Transit Authority Act; |
| 2 | | Chicago Transit Authority; for transportation systems. |
| 3 | | (70 ILCS 3605/8); Chicago Metropolitan Transit Authority Act; |
| 4 | | Chicago Transit Authority; for general purposes. |
| 5 | | (70 ILCS 3605/10); Chicago Metropolitan Transit Authority Act; |
| 6 | | Chicago Transit Authority; for general purposes, including |
| 7 | | railroad property. |
| 8 | | (70 ILCS 3610/3 and 3610/5); Local Mass Transit District Act; |
| 9 | | local mass transit districts; for general purposes. |
| 10 | | (70 ILCS 3615/2.13); Northern Illinois Transit Regional |
| 11 | | Transportation Authority Act; Northern Illinois Transit |
| 12 | | Regional Transportation Authority; for general purposes. |
| 13 | | (70 ILCS 3705/8 and 3705/12); Public Water District Act; |
| 14 | | public water districts; for waterworks. |
| 15 | | (70 ILCS 3705/23a); Public Water District Act; public water |
| 16 | | districts; for sewerage properties. |
| 17 | | (70 ILCS 3705/23e); Public Water District Act; public water |
| 18 | | districts; for combined waterworks and sewerage systems. |
| 19 | | (70 ILCS 3715/6); Water Authorities Act; water authorities; |
| 20 | | for facilities to ensure adequate water supply. |
| 21 | | (70 ILCS 3715/27); Water Authorities Act; water authorities; |
| 22 | | for access to property. |
| 23 | | (75 ILCS 5/4-7); Illinois Local Library Act; boards of library |
| 24 | | trustees; for library buildings. |
| 25 | | (75 ILCS 16/30-55.80); Public Library District Act of 1991; |
| 26 | | public library districts; for general purposes. |
|
| | 10400SB2111ham002 | - 721 - | LRB104 09876 RTM 29432 a |
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| 1 | | (75 ILCS 65/1 and 65/3); Libraries in Parks Act; corporate |
| 2 | | authorities of city or park district, or board of park |
| 3 | | commissioners; for free public library buildings. |
| 4 | | (Source: Incorporates 98-564, eff. 8-27-13; P.A. 98-756, eff. |
| 5 | | 7-16-14; 99-669, eff. 7-29-16; revised 6-23-25.)
|
| 6 | | Section 10-80. The Local Governmental and Governmental |
| 7 | | Employees Tort Immunity Act is amended by changing Section |
| 8 | | 2-101 as follows:
|
| 9 | | (745 ILCS 10/2-101) (from Ch. 85, par. 2-101) |
| 10 | | Sec. 2-101. Nothing in this Act affects the right to |
| 11 | | obtain relief other than damages against a local public entity |
| 12 | | or public employee. Nothing in this Act affects the liability, |
| 13 | | if any, of a local public entity or public employee, based on: |
| 14 | | a contract; |
| 15 | | b operation as a common carrier; and this Act does not |
| 16 | | apply to any entity organized under or subject to the Chicago |
| 17 | | Transit Authority Act "Metropolitan Transit Authority Act ", |
| 18 | | approved April 12, 1945, as amended; |
| 19 | | c The "Workers' Compensation Act", approved July 9, 1951, |
| 20 | | as heretofore or hereafter amended; |
| 21 | | d The "Workers' Occupational Diseases Act", approved July |
| 22 | | 9, 1951, as heretofore or hereafter amended; |
| 23 | | e Section 1-4-7 of the "Illinois Municipal Code", approved |
| 24 | | May 29, 1961, as heretofore or hereafter amended. |
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| 1 | | f The "Illinois Uniform Conviction Information Act", |
| 2 | | enacted by the 85th General Assembly, as heretofore or |
| 3 | | hereafter amended. |
| 4 | | (Source: P.A. 85-922.)
|
| 5 | | Section 10-85. The Illinois Wage Payment and Collection |
| 6 | | Act is amended by changing Section 9 as follows:
|
| 7 | | (820 ILCS 115/9) (from Ch. 48, par. 39m-9) |
| 8 | | Sec. 9. Except as hereinafter provided, deductions by |
| 9 | | employers from wages or final compensation are prohibited |
| 10 | | unless such deductions are (1) required by law; (2) to the |
| 11 | | benefit of the employee; (3) in response to a valid wage |
| 12 | | assignment or wage deduction order; (4) made with the express |
| 13 | | written consent of the employee, given freely at the time the |
| 14 | | deduction is made; (5) made by a municipality with a |
| 15 | | population of 500,000 or more, a county with a population of |
| 16 | | 3,000,000 or more, a community college district in a city with |
| 17 | | a population of 500,000 or more, a housing authority in a |
| 18 | | municipality with a population of 500,000 or more, the Chicago |
| 19 | | Park District, the Chicago Transit Authority Metropolitan |
| 20 | | Transit Authority, the Chicago Board of Education, the Cook |
| 21 | | County Forest Preserve District, or the Metropolitan Water |
| 22 | | Reclamation District to pay a debt owed by the employee to a |
| 23 | | municipality with a population of 500,000 or more, a county |
| 24 | | with a population of 3,000,000 or more, the Cook County Forest |
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| 1 | | Preserve, the Chicago Park District, the Metropolitan Water |
| 2 | | Reclamation District, the Chicago Transit Authority, the |
| 3 | | Chicago Board of Education, or a housing authority of a |
| 4 | | municipality with a population of 500,000 or more; provided, |
| 5 | | however, that the amount deducted from any one salary or wage |
| 6 | | payment shall not exceed 25% of the net amount of the payment; |
| 7 | | or (6) made by a housing authority in a municipality with a |
| 8 | | population of 500,000 or more or a municipality with a |
| 9 | | population of 500,000 or more to pay a debt owed by the |
| 10 | | employee to a housing authority in a municipality with a |
| 11 | | population of 500,000 or more; provided, however, that the |
| 12 | | amount deducted from any one salary or wage payment shall not |
| 13 | | exceed 25% of the net amount of the payment. Before the |
| 14 | | municipality with a population of 500,000 or more, the |
| 15 | | community college district in a city with a population of |
| 16 | | 500,000 or more, the Chicago Park District, the Chicago |
| 17 | | Transit Authority Metropolitan Transit Authority, a housing |
| 18 | | authority in a municipality with a population of 500,000 or |
| 19 | | more, the Chicago Board of Education, the county with a |
| 20 | | population of 3,000,000 or more, the Cook County Forest |
| 21 | | Preserve District, or the Metropolitan Water Reclamation |
| 22 | | District deducts any amount from any salary or wage of an |
| 23 | | employee to pay a debt owed to a municipality with a population |
| 24 | | of 500,000 or more, a county with a population of 3,000,000 or |
| 25 | | more, the Cook County Forest Preserve District, the Chicago |
| 26 | | Park District, the Metropolitan Water Reclamation District, |
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| 1 | | the Chicago Transit Authority, the Chicago Board of Education, |
| 2 | | or a housing authority of a municipality with a population of |
| 3 | | 500,000 or more under this Section, the municipality, the |
| 4 | | county, the Cook County Forest Preserve District, the Chicago |
| 5 | | Park District, the Metropolitan Water Reclamation District, |
| 6 | | the Chicago Transit Authority, the Chicago Board of Education, |
| 7 | | or a housing authority of a municipality with a population of |
| 8 | | 500,000 or more shall certify that (i) the employee has been |
| 9 | | afforded an opportunity for a hearing to dispute the debt that |
| 10 | | is due and owing the municipality, the county, the Cook County |
| 11 | | Forest Preserve District, the Chicago Park District, the |
| 12 | | Metropolitan Water Reclamation District, the Chicago Transit |
| 13 | | Authority, the Chicago Board of Education, or a housing |
| 14 | | authority of a municipality with a population of 500,000 or |
| 15 | | more and (ii) the employee has received notice of a wage |
| 16 | | deduction order and has been afforded an opportunity for a |
| 17 | | hearing to object to the order. Before a housing authority in a |
| 18 | | municipality with a population of 500,000 or more or a |
| 19 | | municipality with a population of 500,000 or more, a county |
| 20 | | with a population of 3,000,000 or more, the Cook County Forest |
| 21 | | Preserve District, the Chicago Park District, the Metropolitan |
| 22 | | Water Reclamation District, the Chicago Transit Authority, the |
| 23 | | Chicago Board of Education, or a housing authority of a |
| 24 | | municipality with a population of 500,000 or more deducts any |
| 25 | | amount from any salary or wage of an employee to pay a debt |
| 26 | | owed to a housing authority in a municipality with a |
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| 1 | | population of 500,000 or more under this Section, the housing |
| 2 | | authority shall certify that (i) the employee has been |
| 3 | | afforded an opportunity for a hearing to dispute the debt that |
| 4 | | is due and owing the housing authority and (ii) the employee |
| 5 | | has received notice of a wage deduction order and has been |
| 6 | | afforded an opportunity for a hearing to object to the order. |
| 7 | | For purposes of this Section, "net amount" means that part of |
| 8 | | the salary or wage payment remaining after the deduction of |
| 9 | | any amounts required by law to be deducted and "debt due and |
| 10 | | owing" means (i) a specified sum of money owed to the |
| 11 | | municipality, county, the Cook County Forest Preserve |
| 12 | | District, the Chicago Park District, the Metropolitan Water |
| 13 | | Reclamation District, the Chicago Transit Authority, the |
| 14 | | Chicago Board of Education, or housing authority for services, |
| 15 | | work, or goods, after the period granted for payment has |
| 16 | | expired, or (ii) a specified sum of money owed to the |
| 17 | | municipality, county, the Cook County Forest Preserve |
| 18 | | District, the Chicago Park District, the Metropolitan Water |
| 19 | | Reclamation District, the Chicago Transit Authority, the |
| 20 | | Chicago Board of Education or housing authority pursuant to a |
| 21 | | court order or order of an administrative hearing officer |
| 22 | | after the exhaustion of, or the failure to exhaust, judicial |
| 23 | | review; (7) the result of an excess payment made due to, but |
| 24 | | not limited to, a typographical or mathematical error made by |
| 25 | | a municipality with a population of less than 500,000 or to |
| 26 | | collect a debt owed to a municipality with a population of less |
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| 1 | | than 500,000 after notice to the employee and an opportunity |
| 2 | | to be heard; provided, however, that the amount deducted from |
| 3 | | any one salary or wage payment shall not exceed 15% of the net |
| 4 | | amount of the payment. Before the municipality deducts any |
| 5 | | amount from any salary or wage of an employee to pay a debt |
| 6 | | owed to the municipality, the municipality shall certify that |
| 7 | | (i) the employee has been afforded an opportunity for a |
| 8 | | hearing, conducted by the municipality, to dispute the debt |
| 9 | | that is due and owing the municipality, and (ii) the employee |
| 10 | | has received notice of a wage deduction order and has been |
| 11 | | afforded an opportunity for a hearing, conducted by the |
| 12 | | municipality, to object to the order. For purposes of this |
| 13 | | Section, "net amount" means that part of the salary or wage |
| 14 | | payment remaining after the deduction of any amounts required |
| 15 | | by law to be deducted and "debt due and owing" means (i) a |
| 16 | | specified sum of money owed to the municipality for services, |
| 17 | | work, or goods, after the period granted for payment has |
| 18 | | expired, or (ii) a specified sum of money owed to the |
| 19 | | municipality pursuant to a court order or order of an |
| 20 | | administrative hearing officer after the exhaustion of, or the |
| 21 | | failure to exhaust, judicial review. Where the legitimacy of |
| 22 | | any deduction from wages is in dispute, the amount in question |
| 23 | | may be withheld if the employer notifies the Department of |
| 24 | | Labor on the date the payment is due in writing of the amount |
| 25 | | that is being withheld and stating the reasons for which the |
| 26 | | payment is withheld. Upon such notification the Department of |
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| 1 | | Labor shall conduct an investigation and render a judgment as |
| 2 | | promptly as possible, and shall complete such investigation |
| 3 | | within 30 days of receipt of the notification by the employer |
| 4 | | that wages have been withheld. The employer shall pay the |
| 5 | | wages due upon order of the Department of Labor within 15 |
| 6 | | calendar days of issuance of a judgment on the dispute. |
| 7 | | The Department shall establish rules to protect the |
| 8 | | interests of both parties in cases of disputed deductions from |
| 9 | | wages. Such rules shall include reasonable limitations on the |
| 10 | | amount of deductions beyond those required by law which may be |
| 11 | | made during any pay period by any employer. |
| 12 | | In case of a dispute over wages, the employer shall pay, |
| 13 | | without condition and within the time set by this Act, all |
| 14 | | wages or parts thereof, conceded by him to be due, leaving to |
| 15 | | the employee all remedies to which he may otherwise be |
| 16 | | entitled as to any balance claimed. The acceptance by an |
| 17 | | employee of a disputed paycheck shall not constitute a release |
| 18 | | as to the balance of his claim and any release or restrictive |
| 19 | | endorsement required by an employer as a condition to payment |
| 20 | | shall be a violation of this Act and shall be void. |
| 21 | | (Source: P.A. 97-120, eff. 1-1-12.)
|
| 22 | | Article 15.
|
| 23 | | Section 15-5. The Open Meetings Act is amended by changing |
| 24 | | Section 2 as follows:
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| 1 | | (5 ILCS 120/2) (from Ch. 102, par. 42) |
| 2 | | Sec. 2. Open meetings. |
| 3 | | (a) Openness required. All meetings of public bodies shall |
| 4 | | be open to the public unless excepted in subsection (c) and |
| 5 | | closed in accordance with Section 2a. |
| 6 | | (b) Construction of exceptions. The exceptions contained |
| 7 | | in subsection (c) are in derogation of the requirement that |
| 8 | | public bodies meet in the open, and therefore, the exceptions |
| 9 | | are to be strictly construed, extending only to subjects |
| 10 | | clearly within their scope. The exceptions authorize but do |
| 11 | | not require the holding of a closed meeting to discuss a |
| 12 | | subject included within an enumerated exception. |
| 13 | | (c) Exceptions. A public body may hold closed meetings to |
| 14 | | consider the following subjects: |
| 15 | | (1) The appointment, employment, compensation, |
| 16 | | discipline, performance, or dismissal of specific |
| 17 | | employees, specific individuals who serve as independent |
| 18 | | contractors in a park, recreational, or educational |
| 19 | | setting, or specific volunteers of the public body or |
| 20 | | legal counsel for the public body, including hearing |
| 21 | | testimony on a complaint lodged against an employee, a |
| 22 | | specific individual who serves as an independent |
| 23 | | contractor in a park, recreational, or educational |
| 24 | | setting, or a volunteer of the public body or against |
| 25 | | legal counsel for the public body to determine its |
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| 1 | | validity. However, a meeting to consider an increase in |
| 2 | | compensation to a specific employee of a public body that |
| 3 | | is subject to the Local Government Wage Increase |
| 4 | | Transparency Act may not be closed and shall be open to the |
| 5 | | public and posted and held in accordance with this Act. |
| 6 | | (2) Collective negotiating matters between the public |
| 7 | | body and its employees or their representatives, or |
| 8 | | deliberations concerning salary schedules for one or more |
| 9 | | classes of employees. |
| 10 | | (3) The selection of a person to fill a public office, |
| 11 | | as defined in this Act, including a vacancy in a public |
| 12 | | office, when the public body is given power to appoint |
| 13 | | under law or ordinance, or the discipline, performance or |
| 14 | | removal of the occupant of a public office, when the |
| 15 | | public body is given power to remove the occupant under |
| 16 | | law or ordinance. |
| 17 | | (4) Evidence or testimony presented in open hearing, |
| 18 | | or in closed hearing where specifically authorized by law, |
| 19 | | to a quasi-adjudicative body, as defined in this Act, |
| 20 | | provided that the body prepares and makes available for |
| 21 | | public inspection a written decision setting forth its |
| 22 | | determinative reasoning. |
| 23 | | (4.5) Evidence or testimony presented to a school |
| 24 | | board regarding denial of admission to school events or |
| 25 | | property pursuant to Section 24-24 of the School Code, |
| 26 | | provided that the school board prepares and makes |
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| 1 | | available for public inspection a written decision setting |
| 2 | | forth its determinative reasoning. |
| 3 | | (5) The purchase or lease of real property for the use |
| 4 | | of the public body, including meetings held for the |
| 5 | | purpose of discussing whether a particular parcel should |
| 6 | | be acquired. |
| 7 | | (6) The setting of a price for sale or lease of |
| 8 | | property owned by the public body. |
| 9 | | (7) The sale or purchase of securities, investments, |
| 10 | | or investment contracts. This exception shall not apply to |
| 11 | | the investment of assets or income of funds deposited into |
| 12 | | the Illinois Prepaid Tuition Trust Fund. |
| 13 | | (8) Security procedures, school building safety and |
| 14 | | security, and the use of personnel and equipment to |
| 15 | | respond to an actual, a threatened, or a reasonably |
| 16 | | potential danger to the safety of employees, students, |
| 17 | | staff, the public, or public property. |
| 18 | | (9) Student disciplinary cases. |
| 19 | | (10) The placement of individual students in special |
| 20 | | education programs and other matters relating to |
| 21 | | individual students. |
| 22 | | (11) Litigation, when an action against, affecting or |
| 23 | | on behalf of the particular public body has been filed and |
| 24 | | is pending before a court or administrative tribunal, or |
| 25 | | when the public body finds that an action is probable or |
| 26 | | imminent, in which case the basis for the finding shall be |
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| 1 | | recorded and entered into the minutes of the closed |
| 2 | | meeting. |
| 3 | | (12) The establishment of reserves or settlement of |
| 4 | | claims as provided in the Local Governmental and |
| 5 | | Governmental Employees Tort Immunity Act, if otherwise the |
| 6 | | disposition of a claim or potential claim might be |
| 7 | | prejudiced, or the review or discussion of claims, loss or |
| 8 | | risk management information, records, data, advice or |
| 9 | | communications from or with respect to any insurer of the |
| 10 | | public body or any intergovernmental risk management |
| 11 | | association or self-insurance self insurance pool of which |
| 12 | | the public body is a member. |
| 13 | | (13) Conciliation of complaints of discrimination in |
| 14 | | the sale or rental of housing, when closed meetings are |
| 15 | | authorized by the law or ordinance prescribing fair |
| 16 | | housing practices and creating a commission or |
| 17 | | administrative agency for their enforcement. |
| 18 | | (14) Informant sources, the hiring or assignment of |
| 19 | | undercover personnel or equipment, or ongoing, prior or |
| 20 | | future criminal investigations, when discussed by a public |
| 21 | | body with criminal investigatory responsibilities. |
| 22 | | (15) Professional ethics or performance when |
| 23 | | considered by an advisory body appointed to advise a |
| 24 | | licensing or regulatory agency on matters germane to the |
| 25 | | advisory body's field of competence. |
| 26 | | (16) Self evaluation, practices and procedures or |
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| 1 | | professional ethics, when meeting with a representative of |
| 2 | | a statewide association of which the public body is a |
| 3 | | member. |
| 4 | | (17) The recruitment, credentialing, discipline or |
| 5 | | formal peer review of physicians or other health care |
| 6 | | professionals, or for the discussion of matters protected |
| 7 | | under the federal Patient Safety and Quality Improvement |
| 8 | | Act of 2005, and the regulations promulgated thereunder, |
| 9 | | including 42 C.F.R. Part 3 (73 FR 70732), or the federal |
| 10 | | Health Insurance Portability and Accountability Act of |
| 11 | | 1996, and the regulations promulgated thereunder, |
| 12 | | including 45 C.F.R. Parts 160, 162, and 164, by a |
| 13 | | hospital, or other institution providing medical care, |
| 14 | | that is operated by the public body. |
| 15 | | (18) Deliberations for decisions of the Prisoner |
| 16 | | Review Board. |
| 17 | | (19) Review or discussion of applications received |
| 18 | | under the Experimental Organ Transplantation Procedures |
| 19 | | Act. |
| 20 | | (20) The classification and discussion of matters |
| 21 | | classified as confidential or continued confidential by |
| 22 | | the State Government Suggestion Award Board. |
| 23 | | (21) Discussion of minutes of meetings lawfully closed |
| 24 | | under this Act, whether for purposes of approval by the |
| 25 | | body of the minutes or semi-annual review of the minutes |
| 26 | | as mandated by Section 2.06. |
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| 1 | | (22) Deliberations for decisions of the State |
| 2 | | Emergency Medical Services Disciplinary Review Board. |
| 3 | | (23) The operation by a municipality of a municipal |
| 4 | | utility or the operation of a municipal power agency or |
| 5 | | municipal natural gas agency when the discussion involves |
| 6 | | (i) contracts relating to the purchase, sale, or delivery |
| 7 | | of electricity or natural gas or (ii) the results or |
| 8 | | conclusions of load forecast studies. |
| 9 | | (24) Meetings of a residential health care facility |
| 10 | | resident sexual assault and death review team or the |
| 11 | | Executive Council under the Abuse Prevention Review Team |
| 12 | | Act. |
| 13 | | (25) Meetings of an independent team of experts under |
| 14 | | Brian's Law. |
| 15 | | (26) Meetings of a mortality review team appointed |
| 16 | | under the Department of Juvenile Justice Mortality Review |
| 17 | | Team Act. |
| 18 | | (27) (Blank). |
| 19 | | (28) Correspondence and records (i) that may not be |
| 20 | | disclosed under Section 11-9 of the Illinois Public Aid |
| 21 | | Code or (ii) that pertain to appeals under Section 11-8 of |
| 22 | | the Illinois Public Aid Code. |
| 23 | | (29) Meetings between internal or external auditors |
| 24 | | and governmental audit committees, finance committees, and |
| 25 | | their equivalents, when the discussion involves internal |
| 26 | | control weaknesses, identification of potential fraud risk |
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| 1 | | areas, known or suspected frauds, and fraud interviews |
| 2 | | conducted in accordance with generally accepted auditing |
| 3 | | standards of the United States of America. |
| 4 | | (30) (Blank). |
| 5 | | (31) Meetings and deliberations for decisions of the |
| 6 | | Concealed Carry Licensing Review Board under the Firearm |
| 7 | | Concealed Carry Act. |
| 8 | | (32) Meetings between the Northern Illinois Transit |
| 9 | | Regional Transportation Authority Board and its Service |
| 10 | | Boards when the discussion involves review by the Northern |
| 11 | | Illinois Transit Regional Transportation Authority Board |
| 12 | | of employment contracts under Section 28d of the |
| 13 | | Metropolitan Transit Authority Act and Sections 3A.18 and |
| 14 | | 3B.26 of the Northern Illinois Transit Regional |
| 15 | | Transportation Authority Act. |
| 16 | | (33) Those meetings or portions of meetings of the |
| 17 | | advisory committee and peer review subcommittee created |
| 18 | | under Section 320 of the Illinois Controlled Substances |
| 19 | | Act during which specific controlled substance prescriber, |
| 20 | | dispenser, or patient information is discussed. |
| 21 | | (34) Meetings of the Tax Increment Financing Reform |
| 22 | | Task Force under Section 2505-800 of the Department of |
| 23 | | Revenue Law of the Civil Administrative Code of Illinois. |
| 24 | | (35) Meetings of the group established to discuss |
| 25 | | Medicaid capitation rates under Section 5-30.8 of the |
| 26 | | Illinois Public Aid Code. |
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| 1 | | (36) Those deliberations or portions of deliberations |
| 2 | | for decisions of the Illinois Gaming Board in which there |
| 3 | | is discussed any of the following: (i) personal, |
| 4 | | commercial, financial, or other information obtained from |
| 5 | | any source that is privileged, proprietary, confidential, |
| 6 | | or a trade secret; or (ii) information specifically |
| 7 | | exempted from the disclosure by federal or State law. |
| 8 | | (37) Deliberations for decisions of the Illinois Law |
| 9 | | Enforcement Training Standards Board, the Certification |
| 10 | | Review Panel, and the Illinois State Police Merit Board |
| 11 | | regarding certification and decertification. |
| 12 | | (38) Meetings of the Ad Hoc Statewide Domestic |
| 13 | | Violence Fatality Review Committee of the Illinois |
| 14 | | Criminal Justice Information Authority Board that occur in |
| 15 | | closed executive session under subsection (d) of Section |
| 16 | | 35 of the Domestic Violence Fatality Review Act. |
| 17 | | (39) Meetings of the regional review teams under |
| 18 | | subsection (a) of Section 75 of the Domestic Violence |
| 19 | | Fatality Review Act. |
| 20 | | (40) Meetings of the Firearm Owner's Identification |
| 21 | | Card Review Board under Section 10 of the Firearm Owners |
| 22 | | Identification Card Act. |
| 23 | | (d) Definitions. For purposes of this Section: |
| 24 | | "Employee" means a person employed by a public body whose |
| 25 | | relationship with the public body constitutes an |
| 26 | | employer-employee relationship under the usual common law |
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| 1 | | rules, and who is not an independent contractor. |
| 2 | | "Public office" means a position created by or under the |
| 3 | | Constitution or laws of this State, the occupant of which is |
| 4 | | charged with the exercise of some portion of the sovereign |
| 5 | | power of this State. The term "public office" shall include |
| 6 | | members of the public body, but it shall not include |
| 7 | | organizational positions filled by members thereof, whether |
| 8 | | established by law or by a public body itself, that exist to |
| 9 | | assist the body in the conduct of its business. |
| 10 | | "Quasi-adjudicative body" means an administrative body |
| 11 | | charged by law or ordinance with the responsibility to conduct |
| 12 | | hearings, receive evidence or testimony and make |
| 13 | | determinations based thereon, but does not include local |
| 14 | | electoral boards when such bodies are considering petition |
| 15 | | challenges. |
| 16 | | (e) Final action. No final action may be taken at a closed |
| 17 | | meeting. Final action shall be preceded by a public recital of |
| 18 | | the nature of the matter being considered and other |
| 19 | | information that will inform the public of the business being |
| 20 | | conducted. |
| 21 | | (Source: P.A. 102-237, eff. 1-1-22; 102-520, eff. 8-20-21; |
| 22 | | 102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 103-311, eff. |
| 23 | | 7-28-23; 103-626, eff. 1-1-25.)
|
| 24 | | Section 15-10. The Freedom of Information Act is amended |
| 25 | | by changing Section 7.5 as follows:
|
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| 1 | | (5 ILCS 140/7.5) |
| 2 | | Sec. 7.5. Statutory exemptions. To the extent provided for |
| 3 | | by the statutes referenced below, the following shall be |
| 4 | | exempt from inspection and copying: |
| 5 | | (a) All information determined to be confidential |
| 6 | | under Section 4002 of the Technology Advancement and |
| 7 | | Development Act. |
| 8 | | (b) Library circulation and order records identifying |
| 9 | | library users with specific materials under the Library |
| 10 | | Records Confidentiality Act. |
| 11 | | (c) Applications, related documents, and medical |
| 12 | | records received by the Experimental Organ Transplantation |
| 13 | | Procedures Board and any and all documents or other |
| 14 | | records prepared by the Experimental Organ Transplantation |
| 15 | | Procedures Board or its staff relating to applications it |
| 16 | | has received. |
| 17 | | (d) Information and records held by the Department of |
| 18 | | Public Health and its authorized representatives relating |
| 19 | | to known or suspected cases of sexually transmitted |
| 20 | | infection or any information the disclosure of which is |
| 21 | | restricted under the Illinois Sexually Transmitted |
| 22 | | Infection Control Act. |
| 23 | | (e) Information the disclosure of which is exempted |
| 24 | | under Section 30 of the Radon Industry Licensing Act. |
| 25 | | (f) Firm performance evaluations under Section 55 of |
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| 1 | | the Architectural, Engineering, and Land Surveying |
| 2 | | Qualifications Based Selection Act. |
| 3 | | (g) Information the disclosure of which is restricted |
| 4 | | and exempted under Section 50 of the Illinois Prepaid |
| 5 | | Tuition Act. |
| 6 | | (h) Information the disclosure of which is exempted |
| 7 | | under the State Officials and Employees Ethics Act, and |
| 8 | | records of any lawfully created State or local inspector |
| 9 | | general's office that would be exempt if created or |
| 10 | | obtained by an Executive Inspector General's office under |
| 11 | | that Act. |
| 12 | | (i) Information contained in a local emergency energy |
| 13 | | plan submitted to a municipality in accordance with a |
| 14 | | local emergency energy plan ordinance that is adopted |
| 15 | | under Section 11-21.5-5 of the Illinois Municipal Code. |
| 16 | | (j) Information and data concerning the distribution |
| 17 | | of surcharge moneys collected and remitted by carriers |
| 18 | | under the Emergency Telephone System Act. |
| 19 | | (k) Law enforcement officer identification information |
| 20 | | or driver identification information compiled by a law |
| 21 | | enforcement agency or the Department of Transportation |
| 22 | | under Section 11-212 of the Illinois Vehicle Code. |
| 23 | | (l) Records and information provided to a residential |
| 24 | | health care facility resident sexual assault and death |
| 25 | | review team or the Executive Council under the Abuse |
| 26 | | Prevention Review Team Act. |
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| 1 | | (m) Information provided to the predatory lending |
| 2 | | database created pursuant to Article 3 of the Residential |
| 3 | | Real Property Disclosure Act, except to the extent |
| 4 | | authorized under that Article. |
| 5 | | (n) Defense budgets and petitions for certification of |
| 6 | | compensation and expenses for court appointed trial |
| 7 | | counsel as provided under Sections 10 and 15 of the |
| 8 | | Capital Crimes Litigation Act (repealed). This subsection |
| 9 | | (n) shall apply until the conclusion of the trial of the |
| 10 | | case, even if the prosecution chooses not to pursue the |
| 11 | | death penalty prior to trial or sentencing. |
| 12 | | (o) Information that is prohibited from being |
| 13 | | disclosed under Section 4 of the Illinois Health and |
| 14 | | Hazardous Substances Registry Act. |
| 15 | | (p) Security portions of system safety program plans, |
| 16 | | investigation reports, surveys, schedules, lists, data, or |
| 17 | | information compiled, collected, or prepared by or for the |
| 18 | | Department of Transportation under Sections 2705-300 and |
| 19 | | 2705-616 of the Department of Transportation Law of the |
| 20 | | Civil Administrative Code of Illinois, the Northern |
| 21 | | Illinois Transit Regional Transportation Authority under |
| 22 | | Section 2.11 of the Northern Illinois Transit Regional |
| 23 | | Transportation Authority Act, or the St. Clair County |
| 24 | | Transit District under the Bi-State Transit Safety Act |
| 25 | | (repealed). |
| 26 | | (q) Information prohibited from being disclosed by the |
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| 1 | | Personnel Record Review Act. |
| 2 | | (r) Information prohibited from being disclosed by the |
| 3 | | Illinois School Student Records Act. |
| 4 | | (s) Information the disclosure of which is restricted |
| 5 | | under Section 5-108 of the Public Utilities Act. |
| 6 | | (t) (Blank). |
| 7 | | (u) Records and information provided to an independent |
| 8 | | team of experts under the Developmental Disability and |
| 9 | | Mental Health Safety Act (also known as Brian's Law). |
| 10 | | (v) Names and information of people who have applied |
| 11 | | for or received Firearm Owner's Identification Cards under |
| 12 | | the Firearm Owners Identification Card Act or applied for |
| 13 | | or received a concealed carry license under the Firearm |
| 14 | | Concealed Carry Act, unless otherwise authorized by the |
| 15 | | Firearm Concealed Carry Act; and databases under the |
| 16 | | Firearm Concealed Carry Act, records of the Concealed |
| 17 | | Carry Licensing Review Board under the Firearm Concealed |
| 18 | | Carry Act, and law enforcement agency objections under the |
| 19 | | Firearm Concealed Carry Act. |
| 20 | | (v-5) Records of the Firearm Owner's Identification |
| 21 | | Card Review Board that are exempted from disclosure under |
| 22 | | Section 10 of the Firearm Owners Identification Card Act. |
| 23 | | (w) Personally identifiable information which is |
| 24 | | exempted from disclosure under subsection (g) of Section |
| 25 | | 19.1 of the Toll Highway Act. |
| 26 | | (x) Information which is exempted from disclosure |
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| 1 | | under Section 5-1014.3 of the Counties Code or Section |
| 2 | | 8-11-21 of the Illinois Municipal Code. |
| 3 | | (y) Confidential information under the Adult |
| 4 | | Protective Services Act and its predecessor enabling |
| 5 | | statute, the Elder Abuse and Neglect Act, including |
| 6 | | information about the identity and administrative finding |
| 7 | | against any caregiver of a verified and substantiated |
| 8 | | decision of abuse, neglect, or financial exploitation of |
| 9 | | an eligible adult maintained in the Registry established |
| 10 | | under Section 7.5 of the Adult Protective Services Act. |
| 11 | | (z) Records and information provided to a fatality |
| 12 | | review team or the Illinois Fatality Review Team Advisory |
| 13 | | Council under Section 15 of the Adult Protective Services |
| 14 | | Act. |
| 15 | | (aa) Information which is exempted from disclosure |
| 16 | | under Section 2.37 of the Wildlife Code. |
| 17 | | (bb) Information which is or was prohibited from |
| 18 | | disclosure by the Juvenile Court Act of 1987. |
| 19 | | (cc) Recordings made under the Law Enforcement |
| 20 | | Officer-Worn Body Camera Act, except to the extent |
| 21 | | authorized under that Act. |
| 22 | | (dd) Information that is prohibited from being |
| 23 | | disclosed under Section 45 of the Condominium and Common |
| 24 | | Interest Community Ombudsperson Act. |
| 25 | | (ee) Information that is exempted from disclosure |
| 26 | | under Section 30.1 of the Pharmacy Practice Act. |
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| 1 | | (ff) Information that is exempted from disclosure |
| 2 | | under the Revised Uniform Unclaimed Property Act. |
| 3 | | (gg) Information that is prohibited from being |
| 4 | | disclosed under Section 7-603.5 of the Illinois Vehicle |
| 5 | | Code. |
| 6 | | (hh) Records that are exempt from disclosure under |
| 7 | | Section 1A-16.7 of the Election Code. |
| 8 | | (ii) Information which is exempted from disclosure |
| 9 | | under Section 2505-800 of the Department of Revenue Law of |
| 10 | | the Civil Administrative Code of Illinois. |
| 11 | | (jj) Information and reports that are required to be |
| 12 | | submitted to the Department of Labor by registering day |
| 13 | | and temporary labor service agencies but are exempt from |
| 14 | | disclosure under subsection (a-1) of Section 45 of the Day |
| 15 | | and Temporary Labor Services Act. |
| 16 | | (kk) Information prohibited from disclosure under the |
| 17 | | Seizure and Forfeiture Reporting Act. |
| 18 | | (ll) Information the disclosure of which is restricted |
| 19 | | and exempted under Section 5-30.8 of the Illinois Public |
| 20 | | Aid Code. |
| 21 | | (mm) Records that are exempt from disclosure under |
| 22 | | Section 4.2 of the Crime Victims Compensation Act. |
| 23 | | (nn) Information that is exempt from disclosure under |
| 24 | | Section 70 of the Higher Education Student Assistance Act. |
| 25 | | (oo) Communications, notes, records, and reports |
| 26 | | arising out of a peer support counseling session |
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| 1 | | prohibited from disclosure under the First Responders |
| 2 | | Suicide Prevention Act. |
| 3 | | (pp) Names and all identifying information relating to |
| 4 | | an employee of an emergency services provider or law |
| 5 | | enforcement agency under the First Responders Suicide |
| 6 | | Prevention Act. |
| 7 | | (qq) Information and records held by the Department of |
| 8 | | Public Health and its authorized representatives collected |
| 9 | | under the Reproductive Health Act. |
| 10 | | (rr) Information that is exempt from disclosure under |
| 11 | | the Cannabis Regulation and Tax Act. |
| 12 | | (ss) Data reported by an employer to the Department of |
| 13 | | Human Rights pursuant to Section 2-108 of the Illinois |
| 14 | | Human Rights Act. |
| 15 | | (tt) Recordings made under the Children's Advocacy |
| 16 | | Center Act, except to the extent authorized under that |
| 17 | | Act. |
| 18 | | (uu) Information that is exempt from disclosure under |
| 19 | | Section 50 of the Sexual Assault Evidence Submission Act. |
| 20 | | (vv) Information that is exempt from disclosure under |
| 21 | | subsections (f) and (j) of Section 5-36 of the Illinois |
| 22 | | Public Aid Code. |
| 23 | | (ww) Information that is exempt from disclosure under |
| 24 | | Section 16.8 of the State Treasurer Act. |
| 25 | | (xx) Information that is exempt from disclosure or |
| 26 | | information that shall not be made public under the |
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| 1 | | Illinois Insurance Code. |
| 2 | | (yy) Information prohibited from being disclosed under |
| 3 | | the Illinois Educational Labor Relations Act. |
| 4 | | (zz) Information prohibited from being disclosed under |
| 5 | | the Illinois Public Labor Relations Act. |
| 6 | | (aaa) Information prohibited from being disclosed |
| 7 | | under Section 1-167 of the Illinois Pension Code. |
| 8 | | (bbb) Information that is prohibited from disclosure |
| 9 | | by the Illinois Police Training Act and the Illinois State |
| 10 | | Police Act. |
| 11 | | (ccc) Records exempt from disclosure under Section |
| 12 | | 2605-304 of the Illinois State Police Law of the Civil |
| 13 | | Administrative Code of Illinois. |
| 14 | | (ddd) Information prohibited from being disclosed |
| 15 | | under Section 35 of the Address Confidentiality for |
| 16 | | Victims of Domestic Violence, Sexual Assault, Human |
| 17 | | Trafficking, or Stalking Act. |
| 18 | | (eee) Information prohibited from being disclosed |
| 19 | | under subsection (b) of Section 75 of the Domestic |
| 20 | | Violence Fatality Review Act. |
| 21 | | (fff) Images from cameras under the Expressway Camera |
| 22 | | Act. This subsection (fff) is inoperative on and after |
| 23 | | July 1, 2025. |
| 24 | | (ggg) Information prohibited from disclosure under |
| 25 | | paragraph (3) of subsection (a) of Section 14 of the Nurse |
| 26 | | Agency Licensing Act. |
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| 1 | | (hhh) Information submitted to the Illinois State |
| 2 | | Police in an affidavit or application for an assault |
| 3 | | weapon endorsement, assault weapon attachment endorsement, |
| 4 | | .50 caliber rifle endorsement, or .50 caliber cartridge |
| 5 | | endorsement under the Firearm Owners Identification Card |
| 6 | | Act. |
| 7 | | (iii) Data exempt from disclosure under Section 50 of |
| 8 | | the School Safety Drill Act. |
| 9 | | (jjj) Information exempt from disclosure under Section |
| 10 | | 30 of the Insurance Data Security Law. |
| 11 | | (kkk) Confidential business information prohibited |
| 12 | | from disclosure under Section 45 of the Paint Stewardship |
| 13 | | Act. |
| 14 | | (lll) Data exempt from disclosure under Section |
| 15 | | 2-3.196 of the School Code. |
| 16 | | (mmm) Information prohibited from being disclosed |
| 17 | | under subsection (e) of Section 1-129 of the Illinois |
| 18 | | Power Agency Act. |
| 19 | | (nnn) Materials received by the Department of Commerce |
| 20 | | and Economic Opportunity that are confidential under the |
| 21 | | Music and Musicians Tax Credit and Jobs Act. |
| 22 | | (ooo) Data or information provided pursuant to Section |
| 23 | | 20 of the Statewide Recycling Needs and Assessment Act. |
| 24 | | (ppp) Information that is exempt from disclosure under |
| 25 | | Section 28-11 of the Lawful Health Care Activity Act. |
| 26 | | (qqq) Information that is exempt from disclosure under |
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| 1 | | Section 7-101 of the Illinois Human Rights Act. |
| 2 | | (rrr) Information prohibited from being disclosed |
| 3 | | under Section 4-2 of the Uniform Money Transmission |
| 4 | | Modernization Act. |
| 5 | | (sss) Information exempt from disclosure under Section |
| 6 | | 40 of the Student-Athlete Endorsement Rights Act. |
| 7 | | (ttt) Audio recordings made under Section 30 of the |
| 8 | | Illinois State Police Act, except to the extent authorized |
| 9 | | under that Section. |
| 10 | | (Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22; |
| 11 | | 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff. |
| 12 | | 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22; |
| 13 | | 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff. |
| 14 | | 6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372, |
| 15 | | eff. 1-1-24; 103-472, eff. 8-1-24; 103-508, eff. 8-4-23; |
| 16 | | 103-580, eff. 12-8-23; 103-592, eff. 6-7-24; 103-605, eff. |
| 17 | | 7-1-24; 103-636, eff. 7-1-24; 103-724, eff. 1-1-25; 103-786, |
| 18 | | eff. 8-7-24; 103-859, eff. 8-9-24; 103-991, eff. 8-9-24; |
| 19 | | 103-1049, eff. 8-9-24; 103-1081, eff. 3-21-25.)
|
| 20 | | Section 15-15. The Illinois Public Labor Relations Act is |
| 21 | | amended by changing Sections 5 and 15 as follows:
|
| 22 | | (5 ILCS 315/5) (from Ch. 48, par. 1605) |
| 23 | | Sec. 5. Illinois Labor Relations Board; State Panel; Local |
| 24 | | Panel. |
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| 1 | | (a) There is created the Illinois Labor Relations Board. |
| 2 | | The Board shall be comprised of 2 panels, to be known as the |
| 3 | | State Panel and the Local Panel. |
| 4 | | (a-5) The State Panel shall have jurisdiction over |
| 5 | | collective bargaining matters between employee organizations |
| 6 | | and the State of Illinois, excluding the General Assembly of |
| 7 | | the State of Illinois, between employee organizations and |
| 8 | | units of local government and school districts with a |
| 9 | | population not in excess of 2 million persons, and between |
| 10 | | employee organizations and the Northern Illinois Transit |
| 11 | | Regional Transportation Authority. |
| 12 | | The State Panel shall consist of 5 members appointed by |
| 13 | | the Governor, with the advice and consent of the Senate. The |
| 14 | | Governor shall appoint to the State Panel only persons who |
| 15 | | have had a minimum of 5 years of experience directly related to |
| 16 | | labor and employment relations in representing public |
| 17 | | employers, private employers, or labor organizations; or |
| 18 | | teaching labor or employment relations; or administering |
| 19 | | executive orders or regulations applicable to labor or |
| 20 | | employment relations. At the time of his or her appointment, |
| 21 | | each member of the State Panel shall be an Illinois resident. |
| 22 | | The Governor shall designate one member to serve as the |
| 23 | | Chairman of the State Panel and the Board. |
| 24 | | Notwithstanding any other provision of this Section, the |
| 25 | | term of each member of the State Panel who was appointed by the |
| 26 | | Governor and is in office on June 30, 2003 shall terminate at |
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| 1 | | the close of business on that date or when all of the successor |
| 2 | | members to be appointed pursuant to Public Act 93-509 this |
| 3 | | amendatory Act of the 93rd General Assembly have been |
| 4 | | appointed by the Governor, whichever occurs later. As soon as |
| 5 | | possible, the Governor shall appoint persons to fill the |
| 6 | | vacancies created by this amendatory Act. |
| 7 | | The initial appointments under Public Act 93-509 this |
| 8 | | amendatory Act of the 93rd General Assembly shall be for terms |
| 9 | | as follows: The Chairman shall initially be appointed for a |
| 10 | | term ending on the 4th Monday in January, 2007; 2 members shall |
| 11 | | be initially appointed for terms ending on the 4th Monday in |
| 12 | | January, 2006; one member shall be initially appointed for a |
| 13 | | term ending on the 4th Monday in January, 2005; and one member |
| 14 | | shall be initially appointed for a term ending on the 4th |
| 15 | | Monday in January, 2004. Each subsequent member shall be |
| 16 | | appointed for a term of 4 years, commencing on the 4th Monday |
| 17 | | in January. Upon expiration of the term of office of any |
| 18 | | appointive member, that member shall continue to serve until a |
| 19 | | successor shall be appointed and qualified. In case of a |
| 20 | | vacancy, a successor shall be appointed to serve for the |
| 21 | | unexpired portion of the term. If the Senate is not in session |
| 22 | | at the time the initial appointments are made, the Governor |
| 23 | | shall make temporary appointments in the same manner |
| 24 | | successors are appointed to fill vacancies. A temporary |
| 25 | | appointment shall remain in effect no longer than 20 calendar |
| 26 | | days after the commencement of the next Senate session. |
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| 1 | | (b) The Local Panel shall have jurisdiction over |
| 2 | | collective bargaining agreement matters between employee |
| 3 | | organizations and units of local government with a population |
| 4 | | in excess of 2 million persons, but excluding the Northern |
| 5 | | Illinois Transit Authority Regional Transportation Authority. |
| 6 | | The Local Panel shall consist of one person appointed by |
| 7 | | the Governor with the advice and consent of the Senate (or, if |
| 8 | | no such person is appointed, the Chairman of the State Panel) |
| 9 | | and two additional members, one appointed by the Mayor of the |
| 10 | | City of Chicago and one appointed by the President of the Cook |
| 11 | | County Board of Commissioners. Appointees to the Local Panel |
| 12 | | must have had a minimum of 5 years of experience directly |
| 13 | | related to labor and employment relations in representing |
| 14 | | public employers, private employers, or labor organizations; |
| 15 | | or teaching labor or employment relations; or administering |
| 16 | | executive orders or regulations applicable to labor or |
| 17 | | employment relations. Each member of the Local Panel shall be |
| 18 | | an Illinois resident at the time of his or her appointment. The |
| 19 | | member appointed by the Governor (or, if no such person is |
| 20 | | appointed, the Chairman of the State Panel) shall serve as the |
| 21 | | Chairman of the Local Panel. |
| 22 | | Notwithstanding any other provision of this Section, the |
| 23 | | term of the member of the Local Panel who was appointed by the |
| 24 | | Governor and is in office on June 30, 2003 shall terminate at |
| 25 | | the close of business on that date or when his or her successor |
| 26 | | has been appointed by the Governor, whichever occurs later. As |
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| 1 | | soon as possible, the Governor shall appoint a person to fill |
| 2 | | the vacancy created by this amendatory Act. The initial |
| 3 | | appointment under Public Act 93-509 this amendatory Act of the |
| 4 | | 93rd General Assembly shall be for a term ending on the 4th |
| 5 | | Monday in January, 2007. |
| 6 | | The initial appointments under Public Act 91-798 this |
| 7 | | amendatory Act of the 91st General Assembly shall be for terms |
| 8 | | as follows: The member appointed by the Governor shall |
| 9 | | initially be appointed for a term ending on the 4th Monday in |
| 10 | | January, 2001; the member appointed by the President of the |
| 11 | | Cook County Board shall be initially appointed for a term |
| 12 | | ending on the 4th Monday in January, 2003; and the member |
| 13 | | appointed by the Mayor of the City of Chicago shall be |
| 14 | | initially appointed for a term ending on the 4th Monday in |
| 15 | | January, 2004. Each subsequent member shall be appointed for a |
| 16 | | term of 4 years, commencing on the 4th Monday in January. Upon |
| 17 | | expiration of the term of office of any appointive member, the |
| 18 | | member shall continue to serve until a successor shall be |
| 19 | | appointed and qualified. In the case of a vacancy, a successor |
| 20 | | shall be appointed by the applicable appointive authority to |
| 21 | | serve for the unexpired portion of the term. |
| 22 | | (c) Three members of the State Panel shall at all times |
| 23 | | constitute a quorum. Two members of the Local Panel shall at |
| 24 | | all times constitute a quorum. A vacancy on a panel does not |
| 25 | | impair the right of the remaining members to exercise all of |
| 26 | | the powers of that panel. Each panel shall adopt an official |
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| 1 | | seal which shall be judicially noticed. The salary of the |
| 2 | | Chairman of the State Panel shall be $82,429 per year, or as |
| 3 | | set by the Compensation Review Board, whichever is greater, |
| 4 | | and that of the other members of the State and Local Panels |
| 5 | | shall be $74,188 per year, or as set by the Compensation Review |
| 6 | | Board, whichever is greater. |
| 7 | | (d) Each member shall devote his or her entire time to the |
| 8 | | duties of the office, and shall hold no other office or |
| 9 | | position of profit, nor engage in any other business, |
| 10 | | employment, or vocation. No member shall hold any other public |
| 11 | | office or be employed as a labor or management representative |
| 12 | | by the State or any political subdivision of the State or of |
| 13 | | any department or agency thereof, or actively represent or act |
| 14 | | on behalf of an employer or an employee organization or an |
| 15 | | employer in labor relations matters. Any member of the State |
| 16 | | Panel may be removed from office by the Governor for |
| 17 | | inefficiency, neglect of duty, misconduct or malfeasance in |
| 18 | | office, and for no other cause, and only upon notice and |
| 19 | | hearing. Any member of the Local Panel may be removed from |
| 20 | | office by the applicable appointive authority for |
| 21 | | inefficiency, neglect of duty, misconduct or malfeasance in |
| 22 | | office, and for no other cause, and only upon notice and |
| 23 | | hearing. |
| 24 | | (e) Each panel at the end of every State fiscal year shall |
| 25 | | make a report in writing to the Governor and the General |
| 26 | | Assembly, stating in detail the work it has done to carry out |
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| 1 | | the policy of the Act in hearing and deciding cases and |
| 2 | | otherwise. Each panel's report shall include: |
| 3 | | (1) the number of unfair labor practice charges filed |
| 4 | | during the fiscal year; |
| 5 | | (2) the number of unfair labor practice charges |
| 6 | | resolved during the fiscal year; |
| 7 | | (3) the total number of unfair labor charges pending |
| 8 | | before the Board at the end of the fiscal year; |
| 9 | | (4) the number of unfair labor charge cases at the end |
| 10 | | of the fiscal year that have been pending before the Board |
| 11 | | between 1 and 100 days, 101 and 150 days, 151 and 200 days, |
| 12 | | 201 and 250 days, 251 and 300 days, 301 and 350 days, 351 |
| 13 | | and 400 days, 401 and 450 days, 451 and 500 days, 501 and |
| 14 | | 550 days, 551 and 600 days, 601 and 650 days, 651 and 700 |
| 15 | | days, and over 701 days; |
| 16 | | (5) the number of representation cases and unit |
| 17 | | clarification cases filed during the fiscal year; |
| 18 | | (6) the number of representation cases and unit |
| 19 | | clarification cases resolved during the fiscal year; |
| 20 | | (7) the total number of representation cases and unit |
| 21 | | clarification cases pending before the Board at the end of |
| 22 | | the fiscal year; |
| 23 | | (8) the number of representation cases and unit |
| 24 | | clarification cases at the end of the fiscal year that |
| 25 | | have been pending before the Board between 1 and 120 days, |
| 26 | | 121 and 180 days, and over 180 days; and |
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| 1 | | (9) the Board's progress in meeting the timeliness |
| 2 | | goals established pursuant to the criteria in subsection |
| 3 | | (j) of Section 11 of this Act; the report shall include, |
| 4 | | but is not limited to: |
| 5 | | (A) the average number of days taken to complete |
| 6 | | investigations and issue complaints, dismissals, or |
| 7 | | deferrals; |
| 8 | | (B) the average number of days taken for the Board |
| 9 | | to issue decisions on appeals of dismissals or |
| 10 | | deferrals; |
| 11 | | (C) the average number of days taken to schedule a |
| 12 | | hearing on complaints once issued; |
| 13 | | (D) the average number of days taken to issue a |
| 14 | | recommended decision and order once the record is |
| 15 | | closed; |
| 16 | | (E) the average number of days taken for the Board |
| 17 | | to issue final decisions on recommended decisions when |
| 18 | | where exceptions have been filed; |
| 19 | | (F) the average number of days taken for the Board |
| 20 | | to issue final decisions decision on recommended |
| 21 | | decisions when no exceptions have been filed; and |
| 22 | | (G) in cases where the Board was unable to meet the |
| 23 | | timeliness goals established in subsection (j) of |
| 24 | | Section 11, an explanation as to why the goal was not |
| 25 | | met. |
| 26 | | (f) In order to accomplish the objectives and carry out |
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| 1 | | the duties prescribed by this Act, a panel or its authorized |
| 2 | | designees may hold elections to determine whether a labor |
| 3 | | organization has majority status; investigate and attempt to |
| 4 | | resolve or settle charges of unfair labor practices; hold |
| 5 | | hearings in order to carry out its functions; develop and |
| 6 | | effectuate appropriate impasse resolution procedures for |
| 7 | | purposes of resolving labor disputes; require the appearance |
| 8 | | of witnesses and the production of evidence on any matter |
| 9 | | under inquiry; and administer oaths and affirmations. The |
| 10 | | panels shall sign and report in full an opinion in every case |
| 11 | | which they decide. |
| 12 | | (g) Each panel may appoint or employ an executive |
| 13 | | director, attorneys, hearing officers, mediators, |
| 14 | | fact-finders, arbitrators, and such other employees as it may |
| 15 | | deem necessary to perform its functions. The governing boards |
| 16 | | shall prescribe the duties and qualifications of such persons |
| 17 | | appointed and, subject to the annual appropriation, fix their |
| 18 | | compensation and provide for reimbursement of actual and |
| 19 | | necessary expenses incurred in the performance of their |
| 20 | | duties. The Board shall employ a minimum of 16 attorneys and 6 |
| 21 | | investigators. |
| 22 | | (h) Each panel shall exercise general supervision over all |
| 23 | | attorneys which it employs and over the other persons employed |
| 24 | | to provide necessary support services for such attorneys. The |
| 25 | | panels shall have final authority in respect to complaints |
| 26 | | brought pursuant to this Act. |
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| 1 | | (i) The following rules and regulations shall be adopted |
| 2 | | by the panels meeting in joint session: (1) procedural rules |
| 3 | | and regulations which shall govern all Board proceedings; (2) |
| 4 | | procedures for election of exclusive bargaining |
| 5 | | representatives pursuant to Section 9, except for the |
| 6 | | determination of appropriate bargaining units; and (3) |
| 7 | | appointment of counsel pursuant to subsection (k) of this |
| 8 | | Section. |
| 9 | | (j) Rules and regulations may be adopted, amended or |
| 10 | | rescinded only upon a vote of 5 of the members of the State and |
| 11 | | Local Panels meeting in joint session. The adoption, |
| 12 | | amendment, or rescission of rules and regulations shall be in |
| 13 | | conformity with the requirements of the Illinois |
| 14 | | Administrative Procedure Act. |
| 15 | | (k) The panels in joint session shall promulgate rules and |
| 16 | | regulations providing for the appointment of attorneys or |
| 17 | | other Board representatives to represent persons in unfair |
| 18 | | labor practice proceedings before a panel. The regulations |
| 19 | | governing appointment shall require the applicant to |
| 20 | | demonstrate an inability to pay for or inability to otherwise |
| 21 | | provide for adequate representation before a panel. Such rules |
| 22 | | must also provide: (1) that an attorney may not be appointed in |
| 23 | | cases which, in the opinion of a panel, are clearly without |
| 24 | | merit; (2) the stage of the unfair labor proceeding at which |
| 25 | | counsel will be appointed; and (3) the circumstances under |
| 26 | | which a client will be allowed to select counsel. |
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| 1 | | (1) The panels in joint session may promulgate rules and |
| 2 | | regulations which allow parties in proceedings before a panel |
| 3 | | to be represented by counsel or any other representative of |
| 4 | | the party's choice. |
| 5 | | (m) The Chairman of the State Panel shall serve as |
| 6 | | Chairman of a joint session of the panels. Attendance of at |
| 7 | | least 2 members of the State Panel and at least one member of |
| 8 | | the Local Panel, in addition to the Chairman, shall constitute |
| 9 | | a quorum at a joint session. The panels shall meet in joint |
| 10 | | session at least annually. |
| 11 | | (Source: P.A. 103-856, eff. 1-1-25; revised 11-21-24.)
|
| 12 | | (5 ILCS 315/15) (from Ch. 48, par. 1615) |
| 13 | | (Text of Section WITHOUT the changes made by P.A. 98-599, |
| 14 | | which has been held unconstitutional) |
| 15 | | Sec. 15. Act takes precedence Takes Precedence. |
| 16 | | (a) In case of any conflict between the provisions of this |
| 17 | | Act and any other law (other than Section 5 of the State |
| 18 | | Employees Group Insurance Act of 1971 and other than the |
| 19 | | changes made to the Illinois Pension Code by Public Act 96-889 |
| 20 | | this amendatory Act of the 96th General Assembly), executive |
| 21 | | order or administrative regulation relating to wages, hours |
| 22 | | and conditions of employment and employment relations, the |
| 23 | | provisions of this Act or any collective bargaining agreement |
| 24 | | negotiated thereunder shall prevail and control. Nothing in |
| 25 | | this Act shall be construed to replace or diminish the rights |
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| 1 | | of employees established by Sections 28 and 28a of the |
| 2 | | Metropolitan Transit Authority Act, Sections 2.15 through 2.19 |
| 3 | | of the Northern Illinois Transit Regional Transportation |
| 4 | | Authority Act. The provisions of this Act are subject to |
| 5 | | Section 5 of the State Employees Group Insurance Act of 1971. |
| 6 | | Nothing in this Act shall be construed to replace the |
| 7 | | necessity of complaints against a sworn peace officer, as |
| 8 | | defined in Section 2(a) of the Uniform Peace Officers' Officer |
| 9 | | Disciplinary Act, from having a complaint supported by a sworn |
| 10 | | affidavit. |
| 11 | | (b) Except as provided in subsection (a) above, any |
| 12 | | collective bargaining contract between a public employer and a |
| 13 | | labor organization executed pursuant to this Act shall |
| 14 | | supersede any contrary statutes, charters, ordinances, rules |
| 15 | | or regulations relating to wages, hours and conditions of |
| 16 | | employment and employment relations adopted by the public |
| 17 | | employer or its agents. Any collective bargaining agreement |
| 18 | | entered into prior to the effective date of this Act shall |
| 19 | | remain in full force during its duration. |
| 20 | | (c) It is the public policy of this State, pursuant to |
| 21 | | paragraphs (h) and (i) of Section 6 of Article VII of the |
| 22 | | Illinois Constitution, that the provisions of this Act are the |
| 23 | | exclusive exercise by the State of powers and functions which |
| 24 | | might otherwise be exercised by home rule units. Such powers |
| 25 | | and functions may not be exercised concurrently, either |
| 26 | | directly or indirectly, by any unit of local government, |
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| 1 | | including any home rule unit, except as otherwise authorized |
| 2 | | by this Act. |
| 3 | | (Source: P.A. 95-331, eff. 8-21-07; 96-889, eff. 1-1-11; |
| 4 | | revised 7-23-24.)
|
| 5 | | Section 15-20. The State Employees Group Insurance Act of |
| 6 | | 1971 is amended by changing Section 2.5 as follows:
|
| 7 | | (5 ILCS 375/2.5) |
| 8 | | Sec. 2.5. Application to Northern Illinois Transit |
| 9 | | Regional Transportation Authority Board members. |
| 10 | | Notwithstanding any other provision of this Act to the |
| 11 | | contrary, this Act does not apply to any member of the Northern |
| 12 | | Illinois Transit Regional Transportation Authority Board who |
| 13 | | first becomes a member of that Board on or after July 23, 2013 |
| 14 | | (the effective date of Public Act 98-108) with respect to |
| 15 | | service of that Board. |
| 16 | | (Source: P.A. 98-108, eff. 7-23-13; 98-756, eff. 7-16-14.)
|
| 17 | | Section 15-25. The State Officials and Employees Ethics |
| 18 | | Act is amended by changing Section 1-5 as follows:
|
| 19 | | (5 ILCS 430/1-5) |
| 20 | | Sec. 1-5. Definitions. As used in this Act: |
| 21 | | "Appointee" means a person appointed to a position in or |
| 22 | | with a State agency, regardless of whether the position is |
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| 1 | | compensated. |
| 2 | | "Board members of Regional Development Authorities" means |
| 3 | | any person appointed to serve on the governing board of a |
| 4 | | Regional Development Authority. |
| 5 | | "Board members of Regional Transit Boards" means any |
| 6 | | person appointed to serve on the governing board of a Regional |
| 7 | | Transit Board. |
| 8 | | "Campaign for elective office" means any activity in |
| 9 | | furtherance of an effort to influence the selection, |
| 10 | | nomination, election, or appointment of any individual to any |
| 11 | | federal, State, or local public office or office in a |
| 12 | | political organization, or the selection, nomination, or |
| 13 | | election of Presidential or Vice-Presidential electors, but |
| 14 | | does not include activities (i) relating to the support or |
| 15 | | opposition of any executive, legislative, or administrative |
| 16 | | action (as those terms are defined in Section 2 of the Lobbyist |
| 17 | | Registration Act), (ii) relating to collective bargaining, or |
| 18 | | (iii) that are otherwise in furtherance of the person's |
| 19 | | official State duties. |
| 20 | | "Candidate" means a person who has filed nominating papers |
| 21 | | or petitions for nomination or election to an elected State |
| 22 | | office, or who has been appointed to fill a vacancy in |
| 23 | | nomination, and who remains eligible for placement on the |
| 24 | | ballot at either a general primary election or general |
| 25 | | election. |
| 26 | | "Collective bargaining" has the same meaning as that term |
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| 1 | | is defined in Section 3 of the Illinois Public Labor Relations |
| 2 | | Act. |
| 3 | | "Commission" means an ethics commission created by this |
| 4 | | Act. |
| 5 | | "Compensated time" means any time worked by or credited to |
| 6 | | a State employee that counts toward any minimum work time |
| 7 | | requirement imposed as a condition of employment with a State |
| 8 | | agency, but does not include any designated State holidays or |
| 9 | | any period when the employee is on a leave of absence. |
| 10 | | "Compensatory time off" means authorized time off earned |
| 11 | | by or awarded to a State employee to compensate in whole or in |
| 12 | | part for time worked in excess of the minimum work time |
| 13 | | required of that employee as a condition of employment with a |
| 14 | | State agency. |
| 15 | | "Contribution" has the same meaning as that term is |
| 16 | | defined in Section 9-1.4 of the Election Code. |
| 17 | | "Employee" means (i) any person employed full-time, |
| 18 | | part-time, or pursuant to a contract and whose employment |
| 19 | | duties are subject to the direction and control of an employer |
| 20 | | with regard to the material details of how the work is to be |
| 21 | | performed or (ii) any appointed or elected commissioner, |
| 22 | | trustee, director, or board member of a board of a State |
| 23 | | agency, including any retirement system or investment board |
| 24 | | subject to the Illinois Pension Code or (iii) any other |
| 25 | | appointee. |
| 26 | | "Employment benefits" include but are not limited to the |
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| 1 | | following: modified compensation or benefit terms; compensated |
| 2 | | time off; or change of title, job duties, or location of office |
| 3 | | or employment. An employment benefit may also include |
| 4 | | favorable treatment in determining whether to bring any |
| 5 | | disciplinary or similar action or favorable treatment during |
| 6 | | the course of any disciplinary or similar action or other |
| 7 | | performance review. |
| 8 | | "Executive branch constitutional officer" means the |
| 9 | | Governor, Lieutenant Governor, Attorney General, Secretary of |
| 10 | | State, Comptroller, and Treasurer. |
| 11 | | "Gift" means any gratuity, discount, entertainment, |
| 12 | | hospitality, loan, forbearance, or other tangible or |
| 13 | | intangible item having monetary value including, but not |
| 14 | | limited to, cash, food and drink, and honoraria for speaking |
| 15 | | engagements related to or attributable to government |
| 16 | | employment or the official position of an employee, member, or |
| 17 | | officer. The value of a gift may be further defined by rules |
| 18 | | adopted by the appropriate ethics commission or by the Auditor |
| 19 | | General for the Auditor General and for employees of the |
| 20 | | office of the Auditor General. |
| 21 | | "Governmental entity" means a unit of local government |
| 22 | | (including a community college district) or a school district |
| 23 | | but not a State agency, a Regional Transit Board, or a Regional |
| 24 | | Development Authority. |
| 25 | | "Leave of absence" means any period during which a State |
| 26 | | employee does not receive (i) compensation for State |
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| 1 | | employment, (ii) service credit towards State pension |
| 2 | | benefits, and (iii) health insurance benefits paid for by the |
| 3 | | State. |
| 4 | | "Legislative branch constitutional officer" means a member |
| 5 | | of the General Assembly and the Auditor General. |
| 6 | | "Legislative leader" means the President and Minority |
| 7 | | Leader of the Senate and the Speaker and Minority Leader of the |
| 8 | | House of Representatives. |
| 9 | | "Member" means a member of the General Assembly. |
| 10 | | "Officer" means an executive branch constitutional officer |
| 11 | | or a legislative branch constitutional officer. |
| 12 | | "Political" means any activity in support of or in |
| 13 | | connection with any campaign for elective office or any |
| 14 | | political organization, but does not include activities (i) |
| 15 | | relating to the support or opposition of any executive, |
| 16 | | legislative, or administrative action (as those terms are |
| 17 | | defined in Section 2 of the Lobbyist Registration Act), (ii) |
| 18 | | relating to collective bargaining, or (iii) that are otherwise |
| 19 | | in furtherance of the person's official State duties or |
| 20 | | governmental and public service functions. |
| 21 | | "Political organization" means a party, committee, |
| 22 | | association, fund, or other organization (whether or not |
| 23 | | incorporated) that is required to file a statement of |
| 24 | | organization with the State Board of Elections or a county |
| 25 | | clerk under Section 9-3 of the Election Code, but only with |
| 26 | | regard to those activities that require filing with the State |
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| 1 | | Board of Elections or a county clerk. |
| 2 | | "Prohibited political activity" means: |
| 3 | | (1) Preparing for, organizing, or participating in any |
| 4 | | political meeting, political rally, political |
| 5 | | demonstration, or other political event. |
| 6 | | (2) Soliciting contributions, including but not |
| 7 | | limited to the purchase of, selling, distributing, or |
| 8 | | receiving payment for tickets for any political |
| 9 | | fundraiser, political meeting, or other political event. |
| 10 | | (3) Soliciting, planning the solicitation of, or |
| 11 | | preparing any document or report regarding any thing of |
| 12 | | value intended as a campaign contribution. |
| 13 | | (4) Planning, conducting, or participating in a public |
| 14 | | opinion poll in connection with a campaign for elective |
| 15 | | office or on behalf of a political organization for |
| 16 | | political purposes or for or against any referendum |
| 17 | | question. |
| 18 | | (5) Surveying or gathering information from potential |
| 19 | | or actual voters in an election to determine probable vote |
| 20 | | outcome in connection with a campaign for elective office |
| 21 | | or on behalf of a political organization for political |
| 22 | | purposes or for or against any referendum question. |
| 23 | | (6) Assisting at the polls on election day on behalf |
| 24 | | of any political organization or candidate for elective |
| 25 | | office or for or against any referendum question. |
| 26 | | (7) Soliciting votes on behalf of a candidate for |
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| 1 | | elective office or a political organization or for or |
| 2 | | against any referendum question or helping in an effort to |
| 3 | | get voters to the polls. |
| 4 | | (8) Initiating for circulation, preparing, |
| 5 | | circulating, reviewing, or filing any petition on behalf |
| 6 | | of a candidate for elective office or for or against any |
| 7 | | referendum question. |
| 8 | | (9) Making contributions on behalf of any candidate |
| 9 | | for elective office in that capacity or in connection with |
| 10 | | a campaign for elective office. |
| 11 | | (10) Preparing or reviewing responses to candidate |
| 12 | | questionnaires in connection with a campaign for elective |
| 13 | | office or on behalf of a political organization for |
| 14 | | political purposes. |
| 15 | | (11) Distributing, preparing for distribution, or |
| 16 | | mailing campaign literature, campaign signs, or other |
| 17 | | campaign material on behalf of any candidate for elective |
| 18 | | office or for or against any referendum question. |
| 19 | | (12) Campaigning for any elective office or for or |
| 20 | | against any referendum question. |
| 21 | | (13) Managing or working on a campaign for elective |
| 22 | | office or for or against any referendum question. |
| 23 | | (14) Serving as a delegate, alternate, or proxy to a |
| 24 | | political party convention. |
| 25 | | (15) Participating in any recount or challenge to the |
| 26 | | outcome of any election, except to the extent that under |
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| 1 | | subsection (d) of Section 6 of Article IV of the Illinois |
| 2 | | Constitution each house of the General Assembly shall |
| 3 | | judge the elections, returns, and qualifications of its |
| 4 | | members. |
| 5 | | "Prohibited source" means any person or entity who: |
| 6 | | (1) is seeking official action (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 | | (2) does business or seeks to do business (i) with the |
| 11 | | member or officer or (ii) in the case of an employee, with |
| 12 | | the employee or with the member, officer, State agency, or |
| 13 | | other employee directing the employee; |
| 14 | | (3) conducts activities regulated (i) by the member or |
| 15 | | officer or (ii) in the case of an employee, by the employee |
| 16 | | or by the member, officer, State agency, or other employee |
| 17 | | directing the employee; |
| 18 | | (4) has interests that may be substantially affected |
| 19 | | by the performance or non-performance of the official |
| 20 | | duties of the member, officer, or employee; |
| 21 | | (5) is registered or required to be registered with |
| 22 | | the Secretary of State under the Lobbyist Registration |
| 23 | | Act, except that an entity not otherwise a prohibited |
| 24 | | source does not become a prohibited source merely because |
| 25 | | a registered lobbyist is one of its members or serves on |
| 26 | | its board of directors; or |
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| 1 | | (6) is an agent of, a spouse of, or an immediate family |
| 2 | | member who is living with a "prohibited source". |
| 3 | | "Regional Development Authority" means the following |
| 4 | | regional development authorities: |
| 5 | | (1) the Central Illinois Economic Development |
| 6 | | Authority created by the Central Illinois Economic |
| 7 | | Development Authority Act; |
| 8 | | (2) the Eastern Illinois Economic Development |
| 9 | | Authority created by the Eastern Illinois Economic |
| 10 | | Development Authority Act; |
| 11 | | (3) the Joliet Arsenal Development Authority created |
| 12 | | by the Joliet Arsenal Development Authority Act; |
| 13 | | (4) the Quad Cities Regional Economic Development |
| 14 | | Authority created by Quad Cities Regional Economic |
| 15 | | Development Authority Act, approved September 22, 1987; |
| 16 | | (5) the Riverdale Development Authority created by the |
| 17 | | Riverdale Development Authority Act; |
| 18 | | (6) the Southeastern Illinois Economic Development |
| 19 | | Authority created by the Southeastern Illinois Economic |
| 20 | | Development Authority Act; |
| 21 | | (7) the Southern Illinois Economic Development |
| 22 | | Authority created by the Southern Illinois Economic |
| 23 | | Development Authority Act; |
| 24 | | (8) the Southwestern Illinois Development Authority |
| 25 | | created by the Southwestern Illinois Development Authority |
| 26 | | Act; |
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| 1 | | (9) the Tri-County River Valley Development Authority |
| 2 | | created by the Tri-County River Valley Development |
| 3 | | Authority Law; |
| 4 | | (10) the Upper Illinois River Valley Development |
| 5 | | Authority created by the Upper Illinois River Valley |
| 6 | | Development Authority Act; |
| 7 | | (11) the Illinois Urban Development Authority created |
| 8 | | by the Illinois Urban Development Authority Act; |
| 9 | | (12) the Western Illinois Economic Development |
| 10 | | Authority created by the Western Illinois Economic |
| 11 | | Development Authority Act; and |
| 12 | | (13) the Will-Kankakee Regional Development Authority |
| 13 | | created by the Will-Kankakee Regional Development |
| 14 | | Authority Law. |
| 15 | | "Regional Transit Boards" means (i) the Northern Illinois |
| 16 | | Transit Regional Transportation Authority created by the |
| 17 | | Northern Illinois Transit Regional Transportation Authority |
| 18 | | Act, (ii) the Suburban Bus Division created by the Northern |
| 19 | | Illinois Transit Regional Transportation Authority Act, (iii) |
| 20 | | the Commuter Rail Division created by the Northern Illinois |
| 21 | | Transit Regional Transportation Authority Act, and (iv) the |
| 22 | | Chicago Transit Authority created by the Metropolitan Transit |
| 23 | | Authority Act. |
| 24 | | "State agency" includes all officers, boards, commissions |
| 25 | | and agencies created by the Constitution, whether in the |
| 26 | | executive or legislative branch; all officers, departments, |
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| 1 | | boards, commissions, agencies, institutions, authorities, |
| 2 | | public institutions of higher learning as defined in Section 2 |
| 3 | | of the Higher Education Cooperation Act (except community |
| 4 | | colleges), and bodies politic and corporate of the State; and |
| 5 | | administrative units or corporate outgrowths of the State |
| 6 | | government which are created by or pursuant to statute, other |
| 7 | | than units of local government (including community college |
| 8 | | districts) and their officers, school districts, and boards of |
| 9 | | election commissioners; and all administrative units and |
| 10 | | corporate outgrowths of the above and as may be created by |
| 11 | | executive order of the Governor. "State agency" includes the |
| 12 | | General Assembly, the Senate, the House of Representatives, |
| 13 | | the President and Minority Leader of the Senate, the Speaker |
| 14 | | and Minority Leader of the House of Representatives, the |
| 15 | | Senate Operations Commission, and the legislative support |
| 16 | | services agencies. "State agency" includes the Office of the |
| 17 | | Auditor General. "State agency" does not include the judicial |
| 18 | | branch. |
| 19 | | "State employee" means any employee of a State agency. |
| 20 | | "Ultimate jurisdictional authority" means the following: |
| 21 | | (1) For members, legislative partisan staff, and |
| 22 | | legislative secretaries, the appropriate legislative |
| 23 | | leader: President of the Senate, Minority Leader of the |
| 24 | | Senate, Speaker of the House of Representatives, or |
| 25 | | Minority Leader of the House of Representatives. |
| 26 | | (2) For State employees who are professional staff or |
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| 1 | | employees of the Senate and not covered under item (1), |
| 2 | | the Senate Operations Commission. |
| 3 | | (3) For State employees who are professional staff or |
| 4 | | employees of the House of Representatives and not covered |
| 5 | | under item (1), the Speaker of the House of |
| 6 | | Representatives. |
| 7 | | (4) For State employees who are employees of the |
| 8 | | legislative support services agencies, the Joint Committee |
| 9 | | on Legislative Support Services. |
| 10 | | (5) For State employees of the Auditor General, the |
| 11 | | Auditor General. |
| 12 | | (6) For State employees of public institutions of |
| 13 | | higher learning as defined in Section 2 of the Higher |
| 14 | | Education Cooperation Act (except community colleges), the |
| 15 | | board of trustees of the appropriate public institution of |
| 16 | | higher learning. |
| 17 | | (7) For State employees of an executive branch |
| 18 | | constitutional officer other than those described in |
| 19 | | paragraph (6), the appropriate executive branch |
| 20 | | constitutional officer. |
| 21 | | (8) For State employees not under the jurisdiction of |
| 22 | | paragraph (1), (2), (3), (4), (5), (6), or (7), the |
| 23 | | Governor. |
| 24 | | (9) For employees of Regional Transit Boards, the |
| 25 | | appropriate Regional Transit Board. |
| 26 | | (10) For board members of Regional Transit Boards, the |
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| 1 | | Governor. |
| 2 | | (11) For employees of Regional Development |
| 3 | | Authorities, the appropriate Regional Development |
| 4 | | Authority. |
| 5 | | (12) For board members of Regional Development |
| 6 | | Authorities, the Governor. |
| 7 | | (Source: P.A. 103-517, eff. 8-11-23.)
|
| 8 | | Section 15-30. The Illinois Act on the Aging is amended by |
| 9 | | changing Section 4.15 as follows:
|
| 10 | | (20 ILCS 105/4.15) |
| 11 | | Sec. 4.15. Eligibility determinations. |
| 12 | | (a) The Department is authorized to make eligibility |
| 13 | | determinations for benefits administered by other governmental |
| 14 | | bodies based on the Senior Citizens and Persons with |
| 15 | | Disabilities Property Tax Relief Act as follows: |
| 16 | | (i) for the Secretary of State with respect to reduced |
| 17 | | fees paid by qualified vehicle owners under the Illinois |
| 18 | | Vehicle Code; |
| 19 | | (ii) for special districts that offer free fixed route |
| 20 | | public transportation services for qualified older adults |
| 21 | | under the Local Mass Transit District Act, the |
| 22 | | Metropolitan Transit Authority Act, and the Northern |
| 23 | | Illinois Transit Regional Transportation Authority Act; |
| 24 | | and |
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| 1 | | (iii) for special districts that offer transit |
| 2 | | services for qualified individuals with disabilities under |
| 3 | | the Local Mass Transit District Act, the Metropolitan |
| 4 | | Transit Authority Act, and the Northern Illinois Transit |
| 5 | | Regional Transportation Authority Act. |
| 6 | | (b) The Department shall establish the manner by which |
| 7 | | claimants shall apply for these benefits. The Department is |
| 8 | | authorized to promulgate rules regarding the following |
| 9 | | matters: the application cycle; the application process; the |
| 10 | | content for an electronic application; required personal |
| 11 | | identification information; acceptable proof of eligibility as |
| 12 | | to age, disability status, marital status, residency, and |
| 13 | | household income limits; household composition; calculating |
| 14 | | income; use of social security numbers; duration of |
| 15 | | eligibility determinations; and any other matters necessary |
| 16 | | for such administrative operations. |
| 17 | | (c) All information received by the Department from an |
| 18 | | application or from any investigation to determine eligibility |
| 19 | | for benefits shall be confidential, except for official |
| 20 | | purposes. |
| 21 | | (d) A person may not under any circumstances charge a fee |
| 22 | | to a claimant for assistance in completing an application form |
| 23 | | for these benefits. |
| 24 | | (Source: P.A. 98-887, eff. 8-15-14; 99-143, eff. 7-27-15.)
|
| 25 | | Section 15-35. The Department of Public Health Powers and |
|
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| 1 | | Duties Law of the Civil Administrative Code of Illinois is |
| 2 | | amended by changing Section 2310-55.5 as follows:
|
| 3 | | (20 ILCS 2310/2310-55.5) |
| 4 | | Sec. 2310-55.5. Free and reduced fare services. The |
| 5 | | Northern Illinois Transit Regional Transportation Authority |
| 6 | | shall monthly provide the Department with a list of riders |
| 7 | | that receive free or reduced fares under the Northern Illinois |
| 8 | | Transit Regional Transportation Authority Act. The list shall |
| 9 | | include an individual's name, address, and date of birth. The |
| 10 | | Department shall, within 2 weeks after receipt of the list, |
| 11 | | report back to the Northern Illinois Transit Regional |
| 12 | | Transportation Authority any discrepancies that indicate that |
| 13 | | a rider receiving free or reduced fare services is deceased. |
| 14 | | (Source: P.A. 97-781, eff. 1-1-13.)
|
| 15 | | Section 15-40. The Department of Transportation Law of the |
| 16 | | Civil Administrative Code of Illinois is amended by changing |
| 17 | | Sections 2705-300, 2705-305, 2705-310, and 2705-315 as |
| 18 | | follows:
|
| 19 | | (20 ILCS 2705/2705-300) (was 20 ILCS 2705/49.18) |
| 20 | | Sec. 2705-300. Powers concerning mass transportation. The |
| 21 | | Department has the power to do the following: |
| 22 | | (1) Advise and assist the Governor and the General |
| 23 | | Assembly in formulating (i) a mass transportation policy |
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| 1 | | for the State, (ii) proposals designed to help meet and |
| 2 | | resolve special problems of mass transportation within the |
| 3 | | State, and (iii) programs of assistance for the |
| 4 | | comprehensive planning, development, and administration of |
| 5 | | mass transportation facilities and services. |
| 6 | | (2) Appear and participate in proceedings before any |
| 7 | | federal, State, or local regulatory agency involving or |
| 8 | | affecting mass transportation in the State. |
| 9 | | (3) Study mass transportation problems and provide |
| 10 | | technical assistance to units of local government. |
| 11 | | (4) Encourage experimentation in developing new mass |
| 12 | | transportation facilities and services. |
| 13 | | (5) Recommend policies, programs, and actions designed |
| 14 | | to improve utilization of mass transportation services. |
| 15 | | (6) Cooperate with mass transit districts and systems, |
| 16 | | local governments, and other State agencies in meeting |
| 17 | | those problems of air, noise, and water pollution |
| 18 | | associated with transportation. |
| 19 | | (7) Participate fully in a statewide effort to improve |
| 20 | | transport safety, including, as the designated State |
| 21 | | agency responsible for overseeing the safety and security |
| 22 | | of rail fixed guideway public transportation systems in |
| 23 | | compliance with 49 U.S.C. 5329 and 49 U.S.C. 5330: |
| 24 | | (A) developing, adopting, and implementing a |
| 25 | | system safety program standard and procedures meeting |
| 26 | | the compliance requirements of 49 U.S.C. 5329 and 49 |
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| 1 | | U.S.C. 5330, as now or hereafter amended, for the |
| 2 | | safety and security of rail fixed guideway public |
| 3 | | transportation systems within the State; and |
| 4 | | (B) establishing procedures in accordance with 49 |
| 5 | | U.S.C. 5329 and 49 U.S.C. 5330 to review, approve, |
| 6 | | oversee, investigate, audit, and enforce all other |
| 7 | | necessary and incidental functions related to the |
| 8 | | effectuation of 49 U.S.C. 5329 and 49 U.S.C. 5330, or |
| 9 | | other federal law, pertaining to public transportation |
| 10 | | oversight. The Department may contract for the |
| 11 | | services of a qualified consultant to comply with this |
| 12 | | subsection. |
| 13 | | The security portion of the system safety program, |
| 14 | | investigation reports, surveys, schedules, lists, or data |
| 15 | | compiled, collected, or prepared by or for the Department |
| 16 | | under this subsection shall not be subject to discovery or |
| 17 | | admitted into evidence in federal or State court or |
| 18 | | considered for other purposes in any civil action for |
| 19 | | damages arising from any matter mentioned or addressed in |
| 20 | | such reports, surveys, schedules, lists, data, or |
| 21 | | information. Except for willful or wanton conduct, neither |
| 22 | | the Department nor its employees, nor the Northern |
| 23 | | Illinois Transit Regional Transportation Authority, nor |
| 24 | | the St. Clair County Transit District, nor any mass |
| 25 | | transit district nor service board subject to this |
| 26 | | Section, nor their respective directors, officers, or |
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| 1 | | employees, shall be held liable in any civil action for |
| 2 | | any injury to or death of any person or loss of or damage |
| 3 | | to property for any act, omission, or failure to act under |
| 4 | | this Section or 49 U.S.C. 5329 or 49 U.S.C. 5330 as now or |
| 5 | | hereafter amended. |
| 6 | | (8) Conduct by contract or otherwise technical |
| 7 | | studies, and demonstration and development projects which |
| 8 | | shall be designed to test and develop methods for |
| 9 | | increasing public use of mass transportation and for |
| 10 | | providing mass transportation in an efficient, |
| 11 | | coordinated, and convenient manner. |
| 12 | | (9) Make applications for, receive, and make use of |
| 13 | | grants for mass transportation. |
| 14 | | (10) Make grants for mass transportation from the |
| 15 | | Transportation Fund pursuant to the standards and |
| 16 | | procedures of Sections 2705-305 and 2705-310. |
| 17 | | Nothing in this Section alleviates an individual's duty to |
| 18 | | comply with the State Officials and Employees Ethics Act. |
| 19 | | (Source: P.A. 102-559, eff. 8-20-21.)
|
| 20 | | (20 ILCS 2705/2705-305) |
| 21 | | Sec. 2705-305. Grants for mass transportation. |
| 22 | | (a) For the purpose of mass transportation grants and |
| 23 | | contracts, the following definitions apply: |
| 24 | | "Carrier" means any corporation, authority, partnership, |
| 25 | | association, person, or district authorized to provide mass |
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| 1 | | transportation within the State. |
| 2 | | "District" means all of the following: |
| 3 | | (i) Any district created pursuant to the Local Mass |
| 4 | | Transit District Act. |
| 5 | | (ii) The Authority created pursuant to the |
| 6 | | Metropolitan Transit Authority Act. |
| 7 | | (iii) Any authority, commission, or other entity that |
| 8 | | by virtue of an interstate compact approved by Congress is |
| 9 | | authorized to provide mass transportation. |
| 10 | | (iv) The Authority created pursuant to the Northern |
| 11 | | Illinois Transit Regional Transportation Authority Act. |
| 12 | | "Facilities" comprise all real and personal property used |
| 13 | | in or appurtenant to a mass transportation system, including |
| 14 | | parking lots. |
| 15 | | "Mass transportation" means transportation provided within |
| 16 | | the State of Illinois by rail, bus, or other conveyance and |
| 17 | | available to the general public on a regular and continuing |
| 18 | | basis, including the transportation of persons with |
| 19 | | disabilities or elderly persons as provided more specifically |
| 20 | | in Section 2705-310. |
| 21 | | "Unit of local government" means any city, village, |
| 22 | | incorporated town, or county. |
| 23 | | (b) Grants may be made to units of local government, |
| 24 | | districts, and carriers for the acquisition, construction, |
| 25 | | extension, reconstruction, and improvement of mass |
| 26 | | transportation facilities. Grants shall be made upon the terms |
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| 1 | | and conditions that in the judgment of the Secretary are |
| 2 | | necessary to ensure their proper and effective utilization. |
| 3 | | (c) The Department shall make grants under this Law in a |
| 4 | | manner designed, so far as is consistent with the maintenance |
| 5 | | and development of a sound mass transportation system within |
| 6 | | the State, to: (i) maximize federal funds for the assistance |
| 7 | | of mass transportation in Illinois under the Federal Transit |
| 8 | | Act and other federal Acts; (ii) facilitate the movement of |
| 9 | | persons who because of age, economic circumstance, or physical |
| 10 | | infirmity are unable to drive; (iii) contribute to an improved |
| 11 | | environment through the reduction of air, water, and noise |
| 12 | | pollution; and (iv) reduce traffic congestion. |
| 13 | | (d) The Secretary shall establish procedures for making |
| 14 | | application for mass transportation grants. The procedures |
| 15 | | shall provide for public notice of all applications and give |
| 16 | | reasonable opportunity for the submission of comments and |
| 17 | | objections by interested parties. The procedures shall be |
| 18 | | designed with a view to facilitating simultaneous application |
| 19 | | for a grant to the Department and to the federal government. |
| 20 | | (e) Grants may be made for mass transportation projects as |
| 21 | | follows: |
| 22 | | (1) In an amount not to exceed 100% of the nonfederal |
| 23 | | share of projects for which a federal grant is made. |
| 24 | | (2) In an amount not to exceed 100% of the net project |
| 25 | | cost for projects for which a federal grant is not made. |
| 26 | | (3) In an amount not to exceed five-sixths of the net |
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| 1 | | project cost for projects essential for the maintenance of |
| 2 | | a sound transportation system and eligible for federal |
| 3 | | assistance for which a federal grant application has been |
| 4 | | made but a federal grant has been delayed. If and when a |
| 5 | | federal grant is made, the amount in excess of the |
| 6 | | nonfederal share shall be promptly returned to the |
| 7 | | Department. |
| 8 | | In no event shall the Department make a grant that, |
| 9 | | together with any federal funds or funds from any other |
| 10 | | source, is in excess of 100% of the net project cost. |
| 11 | | (f) Regardless of whether any funds are available under a |
| 12 | | federal grant, the Department shall not make a mass |
| 13 | | transportation grant unless the Secretary finds that the |
| 14 | | recipient has entered into an agreement with the Department in |
| 15 | | which the recipient agrees not to engage in school bus |
| 16 | | operations exclusively for the transportation of students and |
| 17 | | school personnel in competition with private school bus |
| 18 | | operators where those private school bus operators are able to |
| 19 | | provide adequate transportation, at reasonable rates, in |
| 20 | | conformance with applicable safety standards, provided that |
| 21 | | this requirement shall not apply to a recipient that operates |
| 22 | | a school system in the area to be served and operates a |
| 23 | | separate and exclusive school bus program for the school |
| 24 | | system. |
| 25 | | (g) Grants may be made for mass transportation purposes |
| 26 | | with funds appropriated from the Build Illinois Bond Fund |
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| 1 | | consistent with the specific purposes for which those funds |
| 2 | | are appropriated by the General Assembly. Grants under this |
| 3 | | subsection (g) are not subject to any limitations or |
| 4 | | conditions imposed upon grants by any other provision of this |
| 5 | | Section, except that the Secretary may impose the terms and |
| 6 | | conditions that in his or her judgment are necessary to ensure |
| 7 | | the proper and effective utilization of the grants under this |
| 8 | | subsection. |
| 9 | | (h) The Department may let contracts for mass |
| 10 | | transportation purposes and facilities for the purpose of |
| 11 | | reducing urban congestion funded in whole or in part with |
| 12 | | bonds described in subdivision (b)(1) of Section 4 of the |
| 13 | | General Obligation Bond Act, not to exceed $75,000,000 in |
| 14 | | bonds. |
| 15 | | (i) The Department may make grants to carriers, districts, |
| 16 | | and units of local government for the purpose of reimbursing |
| 17 | | them for providing reduced fares for mass transportation |
| 18 | | services for students, persons with disabilities, and the |
| 19 | | elderly. Grants shall be made upon the terms and conditions |
| 20 | | that in the judgment of the Secretary are necessary to ensure |
| 21 | | their proper and effective utilization. |
| 22 | | (j) The Department may make grants to carriers, districts, |
| 23 | | and units of local government for costs of providing ADA |
| 24 | | paratransit service. |
| 25 | | (Source: P.A. 99-143, eff. 7-27-15.)
|
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| 1 | | (20 ILCS 2705/2705-310) |
| 2 | | Sec. 2705-310. Grants for transportation for persons with |
| 3 | | disabilities. |
| 4 | | (a) For the purposes of this Section, the following |
| 5 | | definitions apply: |
| 6 | | "Carrier" means a district or a not for profit |
| 7 | | corporation providing mass transportation for persons with |
| 8 | | disabilities on a regular and continuing basis. |
| 9 | | "Person with a disability" means any individual who, by |
| 10 | | reason of illness, injury, age, congenital malfunction, or |
| 11 | | other permanent or temporary incapacity or disability, is |
| 12 | | unable without special mass transportation facilities or |
| 13 | | special planning or design to utilize ordinary mass |
| 14 | | transportation facilities and services as effectively as |
| 15 | | persons who are not so affected. |
| 16 | | "Unit of local government", "district", and "facilities" |
| 17 | | have the meanings ascribed to them in Section 2705-305. |
| 18 | | (b) The Department may make grants from the Transportation |
| 19 | | Fund and the General Revenue Fund (i) to units of local |
| 20 | | government, districts, and carriers for vehicles, equipment, |
| 21 | | and the acquisition, construction, extension, reconstruction, |
| 22 | | and improvement of mass transportation facilities for persons |
| 23 | | with disabilities and (ii) during State fiscal years 1986 and |
| 24 | | 1987, to the Northern Illinois Transit Regional Transportation |
| 25 | | Authority for operating assistance for mass transportation for |
| 26 | | mobility limited persons, including paratransit services for |
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| 1 | | the mobility limited. The grants shall be made upon the terms |
| 2 | | and conditions that in the judgment of the Secretary are |
| 3 | | necessary to ensure their proper and effective utilization. |
| 4 | | The procedures, limitations, and safeguards provided in |
| 5 | | Section 2705-305 to govern grants for mass transportation |
| 6 | | shall apply to grants made under this Section. |
| 7 | | For the efficient administration of grants, the |
| 8 | | Department, on behalf of grant recipients under this Section |
| 9 | | and on behalf of recipients receiving funds under Sections |
| 10 | | 5309 and 5311 of the Federal Transit Act and State funds, may |
| 11 | | administer and consolidate procurements and may enter into |
| 12 | | contracts with manufacturers of vehicles and equipment. |
| 13 | | (c) The Department may make operating assistance grants |
| 14 | | from the Transportation Fund to those carriers that, during |
| 15 | | federal fiscal year 1986, directly received operating |
| 16 | | assistance pursuant to Section 5307 or Section 5311 of the |
| 17 | | Federal Transit Act, or under contracts with a unit of local |
| 18 | | government or mass transit district that received operating |
| 19 | | expenses under Section 5307 or Section 5311 of the Federal |
| 20 | | Transit Act, to provide public paratransit services to the |
| 21 | | general mobility limited population. The Secretary shall take |
| 22 | | into consideration the reduction in federal operating expense |
| 23 | | grants to carriers when considering the grant applications. |
| 24 | | The procedures, limitations, and safeguards provided in |
| 25 | | Section 2705-305 to govern grants for mass transportation |
| 26 | | shall apply to grants made under this Section. |
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| 1 | | (Source: P.A. 99-143, eff. 7-27-15.)
|
| 2 | | (20 ILCS 2705/2705-315) (was 20 ILCS 2705/49.19b) |
| 3 | | Sec. 2705-315. Grants for passenger security. The |
| 4 | | Department may make grants from the Transportation Fund and |
| 5 | | the General Revenue Fund to the Northern Illinois Transit |
| 6 | | Regional Transportation Authority created under the Northern |
| 7 | | Illinois Transit Regional Transportation Authority Act to be |
| 8 | | used to provide protection against crime for the consumers of |
| 9 | | public transportation, and for the employees and facilities of |
| 10 | | public transportation providers, in the metropolitan region. |
| 11 | | The grants may be used (1) to provide that protection |
| 12 | | directly, or (2) to contract with any municipality or county |
| 13 | | in the metropolitan region to provide that protection, or (3) |
| 14 | | except for the Chicago Transit Authority created under the |
| 15 | | Metropolitan Transit Authority Act, to contract with a private |
| 16 | | security agency to provide that protection. |
| 17 | | The grants shall be made upon the terms and conditions |
| 18 | | that in the judgment of the Secretary are necessary to ensure |
| 19 | | their proper and effective utilization. The procedures |
| 20 | | provided in Section 2705-305 to govern grants for mass |
| 21 | | transportation shall apply to grants made under this Section. |
| 22 | | (Source: P.A. 91-239, eff. 1-1-00.)
|
| 23 | | Section 15-45. The Illinois Finance Authority Act is |
| 24 | | amended by changing Section 820-50 as follows:
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| 1 | | (20 ILCS 3501/820-50) |
| 2 | | Sec. 820-50. Pledge of Funds by Units of Local Government. |
| 3 | | (a) Pledge of Funds. Any unit of local government which |
| 4 | | receives funds from the Department of Revenue, including |
| 5 | | without limitation funds received pursuant to Sections 8-11-1, |
| 6 | | 8-11-1.4, 8-11-5 or 8-11-6 of the Illinois Municipal Code, the |
| 7 | | Home Rule County Retailers' Occupation Tax Act, the Home Rule |
| 8 | | County Service Occupation Tax Act, Sections 25.05-2, 25.05-3 |
| 9 | | or 25.05-10 of "An Act to revise the law in relation to |
| 10 | | counties", Section 5.01 of the Local Mass Transit District |
| 11 | | Act, Section 4.03 of the Northern Illinois Transit Regional |
| 12 | | Transportation Authority Act, Sections 2 or 12 of the State |
| 13 | | Revenue Sharing Act, or from the Department of Transportation |
| 14 | | pursuant to Section 8 of the Motor Fuel Tax Law, or from the |
| 15 | | State Superintendent of Education (directly or indirectly |
| 16 | | through regional superintendents of schools) pursuant to |
| 17 | | Article 18 of the School Code, or any unit of government which |
| 18 | | receives other funds which are at any time in the custody of |
| 19 | | the State Treasurer, the State Comptroller, the Department of |
| 20 | | Revenue, the Department of Transportation or the State |
| 21 | | Superintendent of Education may by appropriate proceedings, |
| 22 | | pledge to the Authority or any entity acting on behalf of the |
| 23 | | Authority (including, without limitation, any trustee), any or |
| 24 | | all of such receipts to the extent that such receipts are |
| 25 | | necessary to provide revenues to pay the principal of, |
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| 1 | | premium, if any, and interest on, and other fees related to, or |
| 2 | | to secure, any of the local government securities of such unit |
| 3 | | of local government which have been sold or delivered to the |
| 4 | | Authority or its designee or to pay lease rental payments to be |
| 5 | | made by such unit of local government to the extent that such |
| 6 | | lease rental payments secure the payment of the principal of, |
| 7 | | premium, if any, and interest on, and other fees related to, |
| 8 | | any local government securities which have been sold or |
| 9 | | delivered to the Authority or its designee. Any pledge of such |
| 10 | | receipts (or any portion thereof) shall constitute a first and |
| 11 | | prior lien thereon and shall be binding from the time the |
| 12 | | pledge is made. |
| 13 | | (b) Direct Payment of Pledged Receipts. Any such unit of |
| 14 | | local government may, by such proceedings, direct that all or |
| 15 | | any of such pledged receipts payable to such unit of local |
| 16 | | government be paid directly to the Authority or such other |
| 17 | | entity (including, without limitation, any trustee) for the |
| 18 | | purpose of paying the principal of, premium, if any, and |
| 19 | | interest on, and fees relating to, such local government |
| 20 | | securities or for the purpose of paying such lease rental |
| 21 | | payments to the extent necessary to pay the principal of, |
| 22 | | premium, if any, and interest on, and other fees related to, |
| 23 | | such local government securities secured by such lease rental |
| 24 | | payments. Upon receipt of a certified copy of such proceedings |
| 25 | | by the State Treasurer, the State Comptroller, the Department |
| 26 | | of Revenue, the Department of Transportation or the State |
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| 1 | | Superintendent of Education, as the case may be, such |
| 2 | | Department or State Superintendent shall direct the State |
| 3 | | Comptroller and State Treasurer to pay to, or on behalf of, the |
| 4 | | Authority or such other entity (including, without limitation, |
| 5 | | any trustee) all or such portion of the pledged receipts from |
| 6 | | the Department of Revenue, or the Department of Transportation |
| 7 | | or the State Superintendent of Education (directly or |
| 8 | | indirectly through regional superintendents of schools), as |
| 9 | | the case may be, sufficient to pay the principal of and |
| 10 | | premium, if any, and interest on, and other fees related to, |
| 11 | | the local governmental securities for which the pledge was |
| 12 | | made or to pay such lease rental payments securing such local |
| 13 | | government securities for which the pledge was made. The |
| 14 | | proceedings shall constitute authorization for such a |
| 15 | | directive to the State Comptroller to cause orders to be drawn |
| 16 | | and to the State Treasurer to pay in accordance with such |
| 17 | | directive. To the extent that the Authority or its designee |
| 18 | | notifies the Department of Revenue, the Department of |
| 19 | | Transportation or the State Superintendent of Education, as |
| 20 | | the case may be, that the unit of local government has |
| 21 | | previously paid to the Authority or its designee the amount of |
| 22 | | any principal, premium, interest and fees payable from such |
| 23 | | pledged receipts, the State Comptroller shall cause orders to |
| 24 | | be drawn and the State Treasurer shall pay such pledged |
| 25 | | receipts to the unit of local government as if they were not |
| 26 | | pledged receipts. To the extent that such receipts are pledged |
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| 1 | | and paid to the Authority or such other entity, any taxes which |
| 2 | | have been levied or fees or charges assessed pursuant to law on |
| 3 | | account of the issuance of such local government securities |
| 4 | | shall be paid to the unit of local government and may be used |
| 5 | | for the purposes for which the pledged receipts would have |
| 6 | | been used. |
| 7 | | (c) Payment of Pledged Receipts upon Default. Any such |
| 8 | | unit of local government may, by such proceedings, direct that |
| 9 | | such pledged receipts payable to such unit of local government |
| 10 | | be paid to the Authority or such other entity (including, |
| 11 | | without limitation, any trustee) upon a default in the payment |
| 12 | | of any principal of, premium, if any, or interest on, or fees |
| 13 | | relating to, any of the local government securities of such |
| 14 | | unit of local government which have been sold or delivered to |
| 15 | | the Authority or its designee or any of the local government |
| 16 | | securities which have been sold or delivered to the Authority |
| 17 | | or its designee and which are secured by such lease rental |
| 18 | | payments. If such local governmental security is in default as |
| 19 | | to the payment of principal thereof, premium, if any, or |
| 20 | | interest thereon, or fees relating thereto, to the extent that |
| 21 | | the State Treasurer, the State Comptroller, the Department of |
| 22 | | Revenue, the Department of Transportation or the State |
| 23 | | Superintendent of Education (directly or indirectly through |
| 24 | | regional superintendents of schools) shall be the custodian at |
| 25 | | any time of any other available funds or moneys pledged to the |
| 26 | | payment of such local government securities or such lease |
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| 1 | | rental payments securing such local government securities |
| 2 | | pursuant to this Section and due or payable to such a unit of |
| 3 | | local government at any time subsequent to written notice to |
| 4 | | the State Comptroller and State Treasurer from the Authority |
| 5 | | or any entity acting on behalf of the Authority (including, |
| 6 | | without limitation, any trustee) to the effect that such unit |
| 7 | | of local government has not paid or is in default as to payment |
| 8 | | of the principal of, premium, if any, or interest on, or fees |
| 9 | | relating to, any local government security sold or delivered |
| 10 | | to the Authority or any such entity (including, without |
| 11 | | limitation, any trustee) or has not paid or is in default as to |
| 12 | | the payment of such lease rental payments securing the payment |
| 13 | | of the principal of, premium, if any, or interest on, or other |
| 14 | | fees relating to, any local government security sold or |
| 15 | | delivered to the Authority or such other entity (including, |
| 16 | | without limitation, any trustee): |
| 17 | | (i) The State Comptroller and the State Treasurer |
| 18 | | shall withhold the payment of such funds or moneys from |
| 19 | | such unit of local government until the amount of such |
| 20 | | principal, premium, if any, interest or fees then due and |
| 21 | | unpaid has been paid to the Authority or any such entity |
| 22 | | (including, without limitation, any trustee), or the State |
| 23 | | Comptroller and the State Treasurer have been advised that |
| 24 | | arrangements, satisfactory to the Authority or such |
| 25 | | entity, have been made for the payment of such principal, |
| 26 | | premium, if any, interest and fees; and |
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| 1 | | (ii) Within 10 days after a demand for payment by the |
| 2 | | Authority or such entity given to such unit of local |
| 3 | | government, the State Treasurer and the State Comptroller, |
| 4 | | the State Treasurer shall pay such funds or moneys as are |
| 5 | | legally available therefor to the Authority or such entity |
| 6 | | for the payment of principal of, premium, if any, or |
| 7 | | interest on, or fees relating to, such local government |
| 8 | | securities. The Authority or any such entity may carry out |
| 9 | | this Section and exercise all the rights, remedies and |
| 10 | | provisions provided or referred to in this Section. |
| 11 | | (d) Remedies. Upon the sale or delivery of any local |
| 12 | | government securities of the Authority or its designee, the |
| 13 | | local government which issued such local government securities |
| 14 | | shall be deemed to have agreed that upon its failure to pay |
| 15 | | interest or premium, if any, on, or principal of, or fees |
| 16 | | relating to, the local government securities sold or delivered |
| 17 | | to the Authority or any entity acting on behalf of the |
| 18 | | Authority (including, without limitation, any trustee) when |
| 19 | | payable, all statutory defenses to nonpayment are thereby |
| 20 | | waived. Upon a default in payment of principal of or interest |
| 21 | | on any local government securities issued by a unit of local |
| 22 | | government and sold or delivered to the Authority or its |
| 23 | | designee, and upon demand on the unit of local government for |
| 24 | | payment, if the local government securities are payable from |
| 25 | | property taxes and funds are not legally available in the |
| 26 | | treasury of the unit of local government to make payment, an |
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| 1 | | action in mandamus for the levy of a tax by the unit of local |
| 2 | | government to pay the principal of or interest on the local |
| 3 | | government securities shall lie, and the Authority or such |
| 4 | | entity shall be constituted a holder or owner of the local |
| 5 | | government securities as being in default. Upon the occurrence |
| 6 | | of any failure or default with respect to any local government |
| 7 | | securities issued by a unit of local government, the Authority |
| 8 | | or such entity may thereupon avail itself of all remedies, |
| 9 | | rights and provisions of law applicable in the circumstances, |
| 10 | | and the failure to exercise or exert any rights or remedies |
| 11 | | within a time or period provided by law may not be raised as a |
| 12 | | defense by the unit of local government. |
| 13 | | (Source: P.A. 93-205, eff. 1-1-04.)
|
| 14 | | Section 15-50. The Illinois State Auditing Act is amended |
| 15 | | by changing Sections 3-1 and 3-2.3 as follows:
|
| 16 | | (30 ILCS 5/3-1) (from Ch. 15, par. 303-1) |
| 17 | | Sec. 3-1. Jurisdiction of Auditor General. The Auditor |
| 18 | | General has jurisdiction over all State agencies to make post |
| 19 | | audits and investigations authorized by or under this Act or |
| 20 | | the Constitution. |
| 21 | | The Auditor General has jurisdiction over local government |
| 22 | | agencies and private agencies only: |
| 23 | | (a) to make such post audits authorized by or under |
| 24 | | this Act as are necessary and incidental to a post audit of |
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| 1 | | a State agency or of a program administered by a State |
| 2 | | agency involving public funds of the State, but this |
| 3 | | jurisdiction does not include any authority to review |
| 4 | | local governmental agencies in the obligation, receipt, |
| 5 | | expenditure or use of public funds of the State that are |
| 6 | | granted without limitation or condition imposed by law, |
| 7 | | other than the general limitation that such funds be used |
| 8 | | for public purposes; |
| 9 | | (b) to make investigations authorized by or under this |
| 10 | | Act or the Constitution; and |
| 11 | | (c) to make audits of the records of local government |
| 12 | | agencies to verify actual costs of state-mandated programs |
| 13 | | when directed to do so by the Legislative Audit Commission |
| 14 | | at the request of the State Board of Appeals under the |
| 15 | | State Mandates Act. |
| 16 | | In addition to the foregoing, the Auditor General may |
| 17 | | conduct an audit of the Metropolitan Pier and Exposition |
| 18 | | Authority, the Northern Illinois Transit Regional |
| 19 | | Transportation Authority, the Suburban Bus Division, the |
| 20 | | Commuter Rail Division and the Chicago Transit Authority and |
| 21 | | any other subsidized carrier when authorized by the |
| 22 | | Legislative Audit Commission. Such audit may be a financial, |
| 23 | | management or program audit, or any combination thereof. |
| 24 | | The audit shall determine whether they are operating in |
| 25 | | accordance with all applicable laws and regulations. Subject |
| 26 | | to the limitations of this Act, the Legislative Audit |
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| 1 | | Commission may by resolution specify additional determinations |
| 2 | | to be included in the scope of the audit. |
| 3 | | In addition to the foregoing, the Auditor General must |
| 4 | | also conduct a financial audit of the Illinois Sports |
| 5 | | Facilities Authority's expenditures of public funds in |
| 6 | | connection with the reconstruction, renovation, remodeling, |
| 7 | | extension, or improvement of all or substantially all of any |
| 8 | | existing "facility", as that term is defined in the Illinois |
| 9 | | Sports Facilities Authority Act. |
| 10 | | The Auditor General may also conduct an audit, when |
| 11 | | authorized by the Legislative Audit Commission, of any |
| 12 | | hospital which receives 10% or more of its gross revenues from |
| 13 | | payments from the State of Illinois, Department of Healthcare |
| 14 | | and Family Services (formerly Department of Public Aid), |
| 15 | | Medical Assistance Program. |
| 16 | | The Auditor General is authorized to conduct financial and |
| 17 | | compliance audits of the Illinois Distance Learning Foundation |
| 18 | | and the Illinois Conservation Foundation. |
| 19 | | As soon as practical after August 18, 1995 (the effective |
| 20 | | date of Public Act 89-386), the Auditor General shall conduct |
| 21 | | a compliance and management audit of the City of Chicago and |
| 22 | | any other entity with regard to the operation of Chicago |
| 23 | | O'Hare International Airport, Chicago Midway Airport and |
| 24 | | Merrill C. Meigs Field. The audit shall include, but not be |
| 25 | | limited to, an examination of revenues, expenses, and |
| 26 | | transfers of funds; purchasing and contracting policies and |
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| 1 | | practices; staffing levels; and hiring practices and |
| 2 | | procedures. When completed, the audit required by this |
| 3 | | paragraph shall be distributed in accordance with Section |
| 4 | | 3-14. |
| 5 | | The Auditor General must conduct an audit of the Health |
| 6 | | Facilities and Services Review Board pursuant to Section 19.5 |
| 7 | | of the Illinois Health Facilities Planning Act. |
| 8 | | The Auditor General of the State of Illinois shall |
| 9 | | annually conduct or cause to be conducted a financial and |
| 10 | | compliance audit of the books and records of any county water |
| 11 | | commission organized pursuant to the Water Commission Act of |
| 12 | | 1985 and shall file a copy of the report of that audit with the |
| 13 | | Governor and the Legislative Audit Commission. The filed audit |
| 14 | | shall be open to the public for inspection. The cost of the |
| 15 | | audit shall be charged to the county water commission in |
| 16 | | accordance with Section 6z-27 of the State Finance Act. The |
| 17 | | county water commission shall make available to the Auditor |
| 18 | | General its books and records and any other documentation, |
| 19 | | whether in the possession of its trustees or other parties, |
| 20 | | necessary to conduct the audit required. These audit |
| 21 | | requirements apply only through July 1, 2007. |
| 22 | | The Auditor General must conduct audits of the Rend Lake |
| 23 | | Conservancy District as provided in Section 25.5 of the River |
| 24 | | Conservancy Districts Act. |
| 25 | | The Auditor General must conduct financial audits of the |
| 26 | | Southeastern Illinois Economic Development Authority as |
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| 1 | | provided in Section 70 of the Southeastern Illinois Economic |
| 2 | | Development Authority Act. |
| 3 | | The Auditor General shall conduct a compliance audit in |
| 4 | | accordance with subsections (d) and (f) of Section 30 of the |
| 5 | | Innovation Development and Economy Act. |
| 6 | | (Source: P.A. 104-2, eff. 6-16-25.)
|
| 7 | | (30 ILCS 5/3-2.3) |
| 8 | | Sec. 3-2.3. Report on Chicago Transit Authority. |
| 9 | | (a) No less than 60 days prior to the issuance of bonds or |
| 10 | | notes by the Chicago Transit Authority (referred to as the |
| 11 | | "Authority" in this Section) pursuant to Section 12c of the |
| 12 | | Metropolitan Transit Authority Act, the following |
| 13 | | documentation shall be submitted to the Auditor General and |
| 14 | | the Northern Illinois Transit Regional Transportation |
| 15 | | Authority: |
| 16 | | (1) Retirement Plan Documentation. The Authority shall |
| 17 | | submit a certification that: |
| 18 | | (A) it is legally authorized to issue the bonds or |
| 19 | | notes; |
| 20 | | (B) scheduled annual payments of principal and |
| 21 | | interest on the bonds and notes to be issued meet the |
| 22 | | requirements of Section 12c(b)(5) of the Metropolitan |
| 23 | | Transit Authority Act; |
| 24 | | (C) no bond or note shall mature later than |
| 25 | | December 31, 2040; |
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| 1 | | (D) after payment of costs of issuance and |
| 2 | | necessary deposits to funds and accounts established |
| 3 | | with respect to debt service on the bonds or notes, the |
| 4 | | net bond and note proceeds (exclusive of any proceeds |
| 5 | | to be used to refund outstanding bonds or notes) will |
| 6 | | be deposited in the Retirement Plan for Chicago |
| 7 | | Transit Authority Employees and used only for the |
| 8 | | purposes required by Section 22-101 of the Illinois |
| 9 | | 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 | | (2) The Board of Trustees of the Retirement Plan for |
| 24 | | Chicago Transit Authority Employees shall submit a |
| 25 | | certification that the Retirement Plan for Chicago Transit |
| 26 | | Authority Employees is operating in accordance with all |
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| 1 | | applicable legal and contractual requirements, including |
| 2 | | the following: |
| 3 | | (A) the members of a new Board of Trustees have |
| 4 | | been appointed according to the requirements of |
| 5 | | Section 22-101(b) of the Illinois Pension Code; and |
| 6 | | (B) contribution levels for employees and the |
| 7 | | Authority have been established according to the |
| 8 | | requirements of Section 22-101(d) of the Illinois |
| 9 | | Pension Code. |
| 10 | | (3) Actuarial Report. The Board of Trustees of the |
| 11 | | Retirement Plan for Chicago Transit Authority Employees |
| 12 | | shall submit an actuarial report prepared by an enrolled |
| 13 | | actuary setting forth: |
| 14 | | (A) the method of valuation and the underlying |
| 15 | | assumptions; |
| 16 | | (B) a comparison of the debt service schedules of |
| 17 | | the bonds or notes proposed to be issued to the |
| 18 | | Retirement Plan's current unfunded actuarial accrued |
| 19 | | liability amortization schedule, as required by |
| 20 | | Section 22-101(e) of the Illinois Pension Code, using |
| 21 | | the projected interest cost of the bond or note issue |
| 22 | | as the discount rate to calculate the estimated net |
| 23 | | present value savings; |
| 24 | | (C) the amount of the estimated net present value |
| 25 | | savings comparing the true interest cost of the bonds |
| 26 | | or notes with the actuarial investment return |
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| 1 | | assumption of the Retirement Plan; and |
| 2 | | (D) a certification that the net proceeds of the |
| 3 | | bonds or notes, together with anticipated earnings on |
| 4 | | contributions and deposits, will be sufficient to |
| 5 | | reasonably conclude on an actuarial basis that the |
| 6 | | total retirement assets of the Retirement Plan will |
| 7 | | not be less than 90% of its liabilities by the end of |
| 8 | | fiscal year 2059. |
| 9 | | (4) The Authority shall submit a financial analysis |
| 10 | | prepared by an independent advisor. The financial analysis |
| 11 | | must include a determination that the issuance of bonds is |
| 12 | | in the best interest of the Retirement Plan for Chicago |
| 13 | | Transit Authority Employees and the Chicago Transit |
| 14 | | Authority. The independent advisor shall not act as |
| 15 | | underwriter or receive a legal, consulting, or other fee |
| 16 | | related to the issuance of any bond or notes issued by the |
| 17 | | Authority pursuant to Section 12c of the Metropolitan |
| 18 | | Transit Authority Act except compensation due for the |
| 19 | | preparation of the financial analysis. |
| 20 | | (5) Retiree Health Care Trust Documentation. The |
| 21 | | Authority shall submit a certification that: |
| 22 | | (A) it is legally authorized to issue the bonds or |
| 23 | | notes; |
| 24 | | (B) scheduled annual payments of principal and |
| 25 | | interest on the bonds and notes to be issued meets the |
| 26 | | requirements of Section 12c(b)(5) of the Metropolitan |
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| 1 | | Transit Authority Act; |
| 2 | | (C) no bond or note shall mature later than |
| 3 | | December 31, 2040; |
| 4 | | (D) after payment of costs of issuance and |
| 5 | | necessary deposits to funds and accounts established |
| 6 | | with respect to debt service on the bonds or notes, the |
| 7 | | net bond and note proceeds (exclusive of any proceeds |
| 8 | | to be used to refund outstanding bonds or notes) will |
| 9 | | be deposited in the Retiree Health Care Trust and used |
| 10 | | only for the purposes required by Section 22-101B of |
| 11 | | the Illinois Pension Code; and |
| 12 | | (E) it has entered into an intergovernmental |
| 13 | | agreement with the City of Chicago under which the |
| 14 | | City of Chicago will provide financial assistance to |
| 15 | | the Authority in an amount equal to the net receipts, |
| 16 | | after fees for costs of collection, from a tax on the |
| 17 | | privilege of transferring title to real estate in the |
| 18 | | City of Chicago in an amount up to $1.50 per $500 of |
| 19 | | value or fraction thereof under the provisions of |
| 20 | | Section 8-3-19 of the Illinois Municipal Code, which |
| 21 | | agreement shall be for a term expiring no earlier than |
| 22 | | the final maturity of bonds or notes that it proposes |
| 23 | | to issue under Section 12c of the Metropolitan Transit |
| 24 | | Authority Act. |
| 25 | | (6) The Board of Trustees of the Retiree Health Care |
| 26 | | Trust shall submit a certification that the Retiree Health |
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| 1 | | Care Trust has been established in accordance with all |
| 2 | | applicable legal requirements, including the following: |
| 3 | | (A) the Retiree Health Care Trust has been |
| 4 | | established and a Trust document is in effect to |
| 5 | | govern the Retiree Health Care Trust; |
| 6 | | (B) the members of the Board of Trustees of the |
| 7 | | Retiree Health Care Trust have been appointed |
| 8 | | according to the requirements of Section 22-101B(b)(1) |
| 9 | | of the Illinois Pension Code; |
| 10 | | (C) a health care benefit program for eligible |
| 11 | | retirees and their dependents and survivors has been |
| 12 | | established by the Board of Trustees according to the |
| 13 | | requirements of Section 22-101B(b)(2) of the Illinois |
| 14 | | Pension Code; |
| 15 | | (D) contribution levels have been established for |
| 16 | | retirees, dependents and survivors according to the |
| 17 | | requirements of Section 22-101B(b)(5) of the Illinois |
| 18 | | Pension Code; and |
| 19 | | (E) contribution levels have been established for |
| 20 | | employees of the Authority according to the |
| 21 | | requirements of Section 22-101B(b)(6) of the Illinois |
| 22 | | Pension Code. |
| 23 | | (7) Actuarial Report. The Board of Trustees of the |
| 24 | | Retiree Health Care Trust shall submit an actuarial report |
| 25 | | prepared by an enrolled actuary setting forth: |
| 26 | | (A) the method of valuation and the underlying |
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| 1 | | assumptions; |
| 2 | | (B) a comparison of the projected interest cost of |
| 3 | | the bonds or notes proposed to be issued with the |
| 4 | | actuarial investment return assumption of the Retiree |
| 5 | | Health Care Trust; and |
| 6 | | (C) a certification that the net proceeds of the |
| 7 | | bonds or notes, together with anticipated earnings on |
| 8 | | contributions and deposits, will be sufficient to |
| 9 | | adequately fund the actuarial present value of |
| 10 | | projected benefits expected to be paid under the |
| 11 | | Retiree Health Care Trust, or a certification of the |
| 12 | | increases in contribution levels and decreases in |
| 13 | | benefit levels that would be required in order to cure |
| 14 | | any funding shortfall over a period of not more than 10 |
| 15 | | years. |
| 16 | | (8) The Authority shall submit a financial analysis |
| 17 | | prepared by an independent advisor. The financial analysis |
| 18 | | must include a determination that the issuance of bonds is |
| 19 | | in the best interest of the Retiree Health Care Trust and |
| 20 | | the Chicago Transit Authority. The independent advisor |
| 21 | | shall not act as underwriter or receive a legal, |
| 22 | | consulting, or other fee related to the issuance of any |
| 23 | | bond or notes issued by the Authority pursuant to Section |
| 24 | | 12c of the Metropolitan Transit Authority Act except |
| 25 | | compensation due for the preparation of the financial |
| 26 | | analysis. |
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| 1 | | (b) The Auditor General shall examine the information |
| 2 | | submitted pursuant to Section 3-2.3(a)(1) through (4) and |
| 3 | | submit a report to the General Assembly, the Legislative Audit |
| 4 | | Commission, the Governor, the Northern Illinois Transit |
| 5 | | Regional Transportation Authority and the Authority indicating |
| 6 | | whether (i) the required certifications by the Authority and |
| 7 | | the Board of Trustees of the Retirement Plan have been made, |
| 8 | | and (ii) the actuarial reports have been provided, the reports |
| 9 | | include all required information, the assumptions underlying |
| 10 | | those reports are not unreasonable in the aggregate, and the |
| 11 | | reports appear to comply with all pertinent professional |
| 12 | | standards, including those issued by the Actuarial Standards |
| 13 | | Board. The Auditor General shall submit such report no later |
| 14 | | than 60 days after receiving the information required to be |
| 15 | | submitted by the Authority and the Board of Trustees of the |
| 16 | | Retirement Plan. Any bonds or notes issued by the Authority |
| 17 | | under item (1) of subsection (b) of Section 12c of the |
| 18 | | Metropolitan Transit Authority Act shall be issued within 120 |
| 19 | | days after receiving such report from the Auditor General. The |
| 20 | | Authority may not issue bonds or notes until it receives the |
| 21 | | report from the Auditor General indicating the above |
| 22 | | requirements have been met. |
| 23 | | (c) The Auditor General shall examine the information |
| 24 | | submitted pursuant to Section 3-2.3(a)(5) through (8) and |
| 25 | | submit a report to the General Assembly, the Legislative Audit |
| 26 | | Commission, the Governor, the Northern Illinois Transit |
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| 1 | | Regional Transportation Authority and the Authority indicating |
| 2 | | whether (i) the required certifications by the Authority and |
| 3 | | the Board of Trustees of the Retiree Health Care Trust have |
| 4 | | been made, and (ii) the actuarial reports have been provided, |
| 5 | | the reports include all required information, the assumptions |
| 6 | | underlying those reports are not unreasonable in the |
| 7 | | aggregate, and the reports appear to comply with all pertinent |
| 8 | | professional standards, including those issued by the |
| 9 | | Actuarial Standards Board. The Auditor General shall submit |
| 10 | | such report no later than 60 days after receiving the |
| 11 | | information required to be submitted by the Authority and the |
| 12 | | Board of Trustees of the Retiree Health Care Trust. Any bonds |
| 13 | | or notes issued by the Authority under item (2) of subsection |
| 14 | | (b) of Section 12c of the Metropolitan Transit Authority Act |
| 15 | | shall be issued within 120 days after receiving such report |
| 16 | | from the Auditor General. The Authority may not issue bonds or |
| 17 | | notes until it receives a report from the Auditor General |
| 18 | | indicating the above requirements have been met. |
| 19 | | (d) In fulfilling this duty, after receiving the |
| 20 | | information submitted pursuant to Section 3-2.3(a), the |
| 21 | | Auditor General may request additional information and support |
| 22 | | pertaining to the data and conclusions contained in the |
| 23 | | submitted documents and the Authority, the Board of Trustees |
| 24 | | of the Retirement Plan and the Board of Trustees of the Retiree |
| 25 | | Health Care Trust shall cooperate with the Auditor General and |
| 26 | | provide additional information as requested in a timely |
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| 1 | | manner. The Auditor General may also request from the Northern |
| 2 | | Illinois Transit Regional Transportation Authority an analysis |
| 3 | | of the information submitted by the Authority relating to the |
| 4 | | sources of funds to be utilized for payment of the proposed |
| 5 | | bonds or notes of the Authority. The Auditor General's report |
| 6 | | shall not be in the nature of a post-audit or examination and |
| 7 | | shall not lead to the issuance of an opinion as that term is |
| 8 | | defined in generally accepted government auditing standards. |
| 9 | | (e) Annual Retirement Plan Submission to Auditor General. |
| 10 | | The Board of Trustees of the Retirement Plan for Chicago |
| 11 | | Transit Authority Employees established by Section 22-101 of |
| 12 | | the Illinois Pension Code shall provide the following |
| 13 | | documents to the Auditor General annually no later than |
| 14 | | September 30: |
| 15 | | (1) the most recent audit or examination of the |
| 16 | | Retirement Plan; |
| 17 | | (2) an annual statement containing the information |
| 18 | | specified in Section 1A-109 of the Illinois Pension Code; |
| 19 | | and |
| 20 | | (3) a complete actuarial statement applicable to the |
| 21 | | prior plan year, which may be the annual report of an |
| 22 | | enrolled actuary retained by the Retirement Plan specified |
| 23 | | in Section 22-101(e) of the Illinois Pension Code. |
| 24 | | The Auditor General shall annually examine the information |
| 25 | | provided pursuant to this subsection and shall submit a report |
| 26 | | of the analysis thereof to the General Assembly, including the |
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| 1 | | report specified in Section 22-101(e) of the Illinois Pension |
| 2 | | Code. |
| 3 | | (f) The Auditor General shall annually examine the |
| 4 | | information submitted pursuant to Section 22-101B(b)(3)(iii) |
| 5 | | of the Illinois Pension Code and shall prepare the |
| 6 | | determination specified in Section 22-101B(b)(3)(iv) of the |
| 7 | | Illinois Pension Code. |
| 8 | | (g) In fulfilling the duties under Sections 3-2.3(e) and |
| 9 | | (f), the Auditor General may request additional information |
| 10 | | and support pertaining to the data and conclusions contained |
| 11 | | in the submitted documents, and the Authority, the Board of |
| 12 | | Trustees of the Retirement Plan, and the Board of Trustees of |
| 13 | | the Retiree Health Care Trust shall cooperate with the Auditor |
| 14 | | General and provide additional information as requested in a |
| 15 | | timely manner. The Auditor General's review shall not be in |
| 16 | | the nature of a post-audit or examination and shall not lead to |
| 17 | | the issuance of an opinion as that term is defined in generally |
| 18 | | accepted government auditing standards. Upon request of the |
| 19 | | Auditor General, the Commission on Government Forecasting and |
| 20 | | Accountability and the Public Pension Division of the |
| 21 | | Department of Insurance shall cooperate with and assist the |
| 22 | | Auditor General in the conduct of his review. |
| 23 | | (h) The Auditor General shall submit a bill to the |
| 24 | | Authority for costs associated with the examinations and |
| 25 | | reports specified in subsections (b) and (c) of this Section |
| 26 | | 3-2.3, which the Authority shall reimburse in a timely manner. |
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| 1 | | The costs associated with the examinations and reports which |
| 2 | | are reimbursed by the Authority shall constitute a cost of |
| 3 | | issuance of the bonds or notes under Section 12c(b)(1) and (2) |
| 4 | | of the Metropolitan Transit Authority Act. The amount received |
| 5 | | shall be deposited into the fund or funds from which such costs |
| 6 | | were paid by the Auditor General. The Auditor General shall |
| 7 | | submit a bill to the Retirement Plan for Chicago Transit |
| 8 | | Authority Employees for costs associated with the examinations |
| 9 | | and reports specified in subsection (e) of this Section, which |
| 10 | | the Retirement Plan for Chicago Transit Authority Employees |
| 11 | | shall reimburse in a timely manner. The amount received shall |
| 12 | | be deposited into the fund or funds from which such costs were |
| 13 | | paid by the Auditor General. The Auditor General shall submit |
| 14 | | a bill to the Retiree Health Care Trust for costs associated |
| 15 | | with the determination specified in subsection (f) of this |
| 16 | | Section, which the Retiree Health Care Trust shall reimburse |
| 17 | | in a timely manner. The amount received shall be deposited |
| 18 | | into the fund or funds from which such costs were paid by the |
| 19 | | Auditor General. |
| 20 | | (Source: P.A. 103-605, eff. 7-1-24.)
|
| 21 | | Section 15-55. The State Finance Act is amended by |
| 22 | | changing Sections 5.277, 5.918, 6z-17, 6z-20, 6z-109, 8.3, and |
| 23 | | 8.25g as follows:
|
| 24 | | (30 ILCS 105/5.277) (from Ch. 127, par. 141.277) |
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| 1 | | Sec. 5.277. The Northern Illinois Transit Regional |
| 2 | | Transportation Authority Occupation and Use Tax Replacement |
| 3 | | Fund. |
| 4 | | (Source: P.A. 86-928; 86-1028.)
|
| 5 | | (30 ILCS 105/5.918) |
| 6 | | Sec. 5.918. The Northern Illinois Transit Regional |
| 7 | | Transportation Authority Capital Improvement Fund. |
| 8 | | (Source: P.A. 101-31, eff. 6-28-19; 101-32, eff. 6-28-19; |
| 9 | | 102-558, eff. 8-20-21.)
|
| 10 | | (30 ILCS 105/6z-17) (from Ch. 127, par. 142z-17) |
| 11 | | Sec. 6z-17. State and Local Sales Tax Reform Fund. |
| 12 | | (a) After deducting the amount transferred to the Tax |
| 13 | | Compliance and Administration Fund under subsection (b), of |
| 14 | | the money paid into the State and Local Sales Tax Reform Fund: |
| 15 | | (i) municipalities having 1,000,000 or more inhabitants shall |
| 16 | | receive 20% and may expend such amount to fund and establish a |
| 17 | | program for developing and coordinating public and private |
| 18 | | resources targeted to meet the affordable housing needs of |
| 19 | | low-income and very low-income households within such |
| 20 | | municipality, (ii) 10% shall be transferred into the Northern |
| 21 | | Illinois Transit Regional Transportation Authority Occupation |
| 22 | | and Use Tax Replacement Fund, a special fund in the State |
| 23 | | treasury which is hereby created, (iii) until July 1, 2013, |
| 24 | | subject to appropriation to the Department of Transportation, |
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| 1 | | the Madison County Mass Transit District shall receive .6%, |
| 2 | | and beginning on July 1, 2013, 0.6% shall be distributed by the |
| 3 | | Department of Revenue each month out of the Fund to the Madison |
| 4 | | County Mass Transit District, (iv) the following amounts, plus |
| 5 | | any cumulative deficiency in such transfers for prior months, |
| 6 | | shall be transferred monthly into the Build Illinois Fund and |
| 7 | | credited to the Build 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 in the manner provided |
| 21 | | by Section 2 of the State Revenue Sharing Act. Municipalities |
| 22 | | with more than 50,000 inhabitants according to the 1980 U.S. |
| 23 | | Census and located within the Metro East Mass Transit District |
| 24 | | receiving funds pursuant to provision (v) of this paragraph |
| 25 | | may expend such amounts to fund and establish a program for |
| 26 | | developing and coordinating public and private resources |
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| 1 | | targeted to meet the affordable housing needs of low-income |
| 2 | | and very low-income households within such municipality. |
| 3 | | Moneys transferred from the Grocery Tax Replacement Fund |
| 4 | | to the State and Local Sales Tax Reform Fund under Section |
| 5 | | 6z-130 shall be treated under this Section in the same manner |
| 6 | | as if they had been remitted with the return on which they were |
| 7 | | reported. |
| 8 | | (b) Beginning on the first day of the first calendar month |
| 9 | | to occur on or after the effective date of this amendatory Act |
| 10 | | of the 98th General Assembly, each month the Department of |
| 11 | | Revenue shall certify to the State Comptroller and the State |
| 12 | | Treasurer, and the State Comptroller shall order transferred |
| 13 | | and the State Treasurer shall transfer from the State and |
| 14 | | Local Sales Tax Reform Fund to the Tax Compliance and |
| 15 | | Administration Fund, an amount equal to 1/12 of 5% of 20% of |
| 16 | | the cash receipts collected during the preceding fiscal year |
| 17 | | by the Audit Bureau of the Department of Revenue under the Use |
| 18 | | Tax Act, the Service Use Tax Act, the Service Occupation Tax |
| 19 | | Act, the Retailers' Occupation Tax Act, and associated local |
| 20 | | occupation and use taxes administered by the Department. The |
| 21 | | amount distributed under subsection (a) each month shall first |
| 22 | | be reduced by the amount transferred to the Tax Compliance and |
| 23 | | Administration Fund under this subsection (b). Moneys |
| 24 | | transferred to the Tax Compliance and Administration Fund |
| 25 | | under this subsection (b) shall be used, subject to |
| 26 | | appropriation, to fund additional auditors and compliance |
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| 1 | | personnel at the Department of Revenue. |
| 2 | | (c) The provisions of this Section directing the |
| 3 | | distributions from the State and Local Sales Tax Reform Fund, |
| 4 | | including, but not limited to, amounts that are distributed in |
| 5 | | the manner provided by Section 2 of the State Revenue Sharing |
| 6 | | Act, shall constitute an irrevocable and continuing |
| 7 | | appropriation of all amounts as provided in this Section. The |
| 8 | | State Treasurer and State Comptroller are hereby authorized to |
| 9 | | make distributions as provided in this Section. |
| 10 | | (Source: P.A. 104-6, eff. 6-16-25.)
|
| 11 | | (30 ILCS 105/6z-20) (from Ch. 127, par. 142z-20) |
| 12 | | Sec. 6z-20. County and Mass Transit District Fund. Of the |
| 13 | | money received from the 6.25% general rate (and, beginning |
| 14 | | July 1, 2000 and through December 31, 2000, the 1.25% rate on |
| 15 | | motor fuel and gasohol, and beginning on August 6, 2010 |
| 16 | | through August 15, 2010, and beginning again on August 5, 2022 |
| 17 | | through August 14, 2022, the 1.25% rate on sales tax holiday |
| 18 | | items) on sales subject to taxation under the Retailers' |
| 19 | | Occupation Tax Act and Service Occupation Tax Act and paid |
| 20 | | into the County and Mass Transit District Fund, distribution |
| 21 | | to the Northern Illinois Transit Regional Transportation |
| 22 | | Authority tax fund, created pursuant to Section 4.03 of the |
| 23 | | Northern Illinois Transit Regional Transportation Authority |
| 24 | | Act, for deposit therein shall be made based upon the retail |
| 25 | | sales occurring in a county having more than 3,000,000 |
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| 1 | | inhabitants. The remainder shall be distributed to each county |
| 2 | | having 3,000,000 or fewer inhabitants based upon the retail |
| 3 | | sales occurring in each such county. |
| 4 | | For the purpose of determining allocation to the local |
| 5 | | government unit, a retail sale by a producer of coal or other |
| 6 | | mineral mined in Illinois is a sale at retail at the place |
| 7 | | where the coal or other mineral mined in Illinois is extracted |
| 8 | | from the earth. This paragraph does not apply to coal or other |
| 9 | | mineral when it is delivered or shipped by the seller to the |
| 10 | | purchaser at a point outside Illinois so that the sale is |
| 11 | | exempt under the United States Constitution as a sale in |
| 12 | | interstate or foreign commerce. |
| 13 | | Of the money received from the 6.25% general use tax rate |
| 14 | | on tangible personal property which is purchased outside |
| 15 | | Illinois at retail from a retailer and which is titled or |
| 16 | | registered by any agency of this State's government and paid |
| 17 | | into the County and Mass Transit District Fund, the amount for |
| 18 | | which Illinois addresses for titling or registration purposes |
| 19 | | are given as being in each county having more than 3,000,000 |
| 20 | | inhabitants shall be distributed into the Northern Illinois |
| 21 | | Transit Regional Transportation Authority tax fund, created |
| 22 | | pursuant to Section 4.03 of the Northern Illinois Transit |
| 23 | | Regional Transportation Authority Act. The remainder of the |
| 24 | | money paid from such sales shall be distributed to each county |
| 25 | | based on sales for which Illinois addresses for titling or |
| 26 | | registration purposes are given as being located in the |
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| 1 | | county. Any money paid into the Northern Illinois Transit |
| 2 | | Regional Transportation Authority Occupation and Use Tax |
| 3 | | Replacement Fund from the County and Mass Transit District |
| 4 | | Fund prior to January 14, 1991, which has not been paid to the |
| 5 | | Authority prior to that date, shall be transferred to the |
| 6 | | Northern Illinois Transit Regional Transportation Authority |
| 7 | | tax fund. |
| 8 | | Whenever the Department determines that a refund of money |
| 9 | | paid into the County and Mass Transit District Fund should be |
| 10 | | made to a claimant instead of issuing a credit memorandum, the |
| 11 | | Department shall notify the State Comptroller, who shall cause |
| 12 | | the order to be drawn for the amount specified, and to the |
| 13 | | person named, in such notification from the Department. Such |
| 14 | | refund shall be paid by the State Treasurer out of the County |
| 15 | | and Mass Transit District Fund. |
| 16 | | As soon as possible after the first day of each month, |
| 17 | | beginning January 1, 2011, upon certification of the |
| 18 | | Department of Revenue, the Comptroller shall order |
| 19 | | transferred, and the Treasurer shall transfer, to the STAR |
| 20 | | Bonds Revenue Fund the local sales tax increment, as defined |
| 21 | | in the Innovation Development and Economy Act, collected |
| 22 | | during the second preceding calendar month for sales within a |
| 23 | | STAR bond district and deposited into the County and Mass |
| 24 | | Transit District Fund, less 3% of that amount, which shall be |
| 25 | | transferred into the Tax Compliance and Administration Fund |
| 26 | | and shall be used by the Department, subject to appropriation, |
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| 1 | | to cover the costs of the Department in administering the |
| 2 | | Innovation Development and Economy Act. |
| 3 | | After the monthly transfer to the STAR Bonds Revenue Fund, |
| 4 | | on or before the 25th day of each calendar month, the |
| 5 | | Department shall prepare and certify to the Comptroller the |
| 6 | | disbursement of stated sums of money to the Northern Illinois |
| 7 | | Transit Regional Transportation Authority and to named |
| 8 | | counties, the counties to be those entitled to distribution, |
| 9 | | as hereinabove provided, of taxes or penalties paid to the |
| 10 | | Department during the second preceding calendar month. The |
| 11 | | amount to be paid to the Northern Illinois Transit Regional |
| 12 | | Transportation Authority and each county having 3,000,000 or |
| 13 | | fewer inhabitants shall be the amount (not including credit |
| 14 | | memoranda) collected during the second preceding calendar |
| 15 | | month by the Department and paid into the County and Mass |
| 16 | | Transit District Fund, plus an amount the Department |
| 17 | | determines is necessary to offset any amounts which were |
| 18 | | erroneously paid to a different taxing body, and not including |
| 19 | | an amount equal to the amount of refunds made during the second |
| 20 | | preceding calendar month by the Department, and not including |
| 21 | | any amount which the Department determines is necessary to |
| 22 | | offset any amounts which were payable to a different taxing |
| 23 | | body but were erroneously paid to the Northern Illinois |
| 24 | | Transit Regional Transportation Authority or county, and not |
| 25 | | including any amounts that are transferred to the STAR Bonds |
| 26 | | Revenue Fund, less 1.5% of the amount to be paid to the |
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| 1 | | Northern Illinois Transit Regional Transportation Authority, |
| 2 | | which shall be transferred into the Tax Compliance and |
| 3 | | Administration Fund. The Department, at the time of each |
| 4 | | monthly disbursement to the Northern Illinois Transit Regional |
| 5 | | Transportation Authority, shall prepare and certify to the |
| 6 | | State Comptroller the amount to be transferred into the Tax |
| 7 | | Compliance and Administration Fund under this Section. Within |
| 8 | | 10 days after receipt, by the Comptroller, of the disbursement |
| 9 | | certification to the Northern Illinois Transit Regional |
| 10 | | Transportation Authority, counties, and the Tax Compliance and |
| 11 | | Administration Fund provided for in this Section to be given |
| 12 | | to the Comptroller by the Department, the Comptroller shall |
| 13 | | cause the orders to be drawn for the respective amounts in |
| 14 | | accordance with the directions contained in such |
| 15 | | certification. |
| 16 | | When certifying the amount of a monthly disbursement to |
| 17 | | the Northern Illinois Transit Regional Transportation |
| 18 | | Authority or to a county under this Section, the Department |
| 19 | | shall increase or decrease that amount by an amount necessary |
| 20 | | to offset any misallocation of previous disbursements. The |
| 21 | | offset amount shall be the amount erroneously disbursed within |
| 22 | | the 6 months preceding the time a misallocation is discovered. |
| 23 | | The provisions directing the distributions from the |
| 24 | | special fund in the State treasury Treasury provided for in |
| 25 | | this Section and from the Northern Illinois Transit Regional |
| 26 | | Transportation Authority tax fund created by Section 4.03 of |
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| 1 | | the Northern Illinois Transit Regional Transportation |
| 2 | | Authority Act shall constitute an irrevocable and continuing |
| 3 | | appropriation of all amounts as provided herein. The State |
| 4 | | Treasurer and State Comptroller are hereby authorized to make |
| 5 | | distributions as provided in this Section. |
| 6 | | In construing any development, redevelopment, annexation, |
| 7 | | preannexation or other lawful agreement in effect prior to |
| 8 | | September 1, 1990, which describes or refers to receipts from |
| 9 | | a county or municipal retailers' occupation tax, use tax or |
| 10 | | service occupation tax which now cannot be imposed, such |
| 11 | | description or reference shall be deemed to include the |
| 12 | | replacement revenue for such abolished taxes, distributed from |
| 13 | | the County and Mass Transit District Fund or Local Government |
| 14 | | Distributive Fund, as the case may be. |
| 15 | | (Source: P.A. 102-700, eff. 4-19-22.)
|
| 16 | | (30 ILCS 105/6z-109) |
| 17 | | Sec. 6z-109. Northern Illinois Transit Regional |
| 18 | | Transportation Authority Capital Improvement Fund. |
| 19 | | (a) The Northern Illinois Transit Regional Transportation |
| 20 | | Authority Capital Improvement Fund is created as a special |
| 21 | | fund in the State treasury and shall receive a portion of the |
| 22 | | moneys deposited into the Transportation Renewal Fund from |
| 23 | | Motor Fuel Tax revenues pursuant to Section 8b of the Motor |
| 24 | | Fuel Tax Law. |
| 25 | | (b) Money in the Northern Illinois Transit Regional |
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| 1 | | Transportation Authority Capital Improvement Fund shall be |
| 2 | | used exclusively for transportation-related purposes as |
| 3 | | described in Section 11 of Article IX of the Illinois |
| 4 | | Constitution of 1970. |
| 5 | | (Source: P.A. 101-30, eff. 6-28-19.)
|
| 6 | | (30 ILCS 105/8.3) |
| 7 | | Sec. 8.3. Money in the Road Fund shall, if and when the |
| 8 | | State of Illinois incurs any bonded indebtedness for the |
| 9 | | construction of permanent highways, be set aside and used for |
| 10 | | the purpose of paying and discharging annually the principal |
| 11 | | and interest on that bonded indebtedness then due and payable, |
| 12 | | and for no other purpose. The surplus, if any, in the Road Fund |
| 13 | | after the payment of principal and interest on that bonded |
| 14 | | indebtedness then annually due shall be used as follows: |
| 15 | | first -- to pay the cost of administration of Chapters |
| 16 | | 2 through 10 of the Illinois Vehicle Code, except the cost |
| 17 | | of administration of Articles I and II of Chapter 3 of that |
| 18 | | Code, and to pay the costs of the Executive Ethics |
| 19 | | Commission for oversight and administration of the Chief |
| 20 | | Procurement Officer appointed under paragraph (2) of |
| 21 | | subsection (a) of Section 10-20 of the Illinois |
| 22 | | Procurement Code for transportation; and |
| 23 | | secondly -- for expenses of the Department of |
| 24 | | Transportation for construction, reconstruction, |
| 25 | | improvement, repair, maintenance, operation, and |
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| 1 | | administration of highways in accordance with the |
| 2 | | provisions of laws relating thereto, or for any purpose |
| 3 | | related or incident to and connected therewith, including |
| 4 | | the separation of grades of those highways with railroads |
| 5 | | and with highways and including the payment of awards made |
| 6 | | by the Illinois Workers' Compensation Commission under the |
| 7 | | terms of the Workers' Compensation Act or Workers' |
| 8 | | Occupational Diseases Act for injury or death of an |
| 9 | | employee of the Division of Highways in the Department of |
| 10 | | Transportation; or for the acquisition of land and the |
| 11 | | erection of buildings for highway purposes, including the |
| 12 | | acquisition of highway right-of-way or for investigations |
| 13 | | to determine the reasonably anticipated future highway |
| 14 | | needs; or for making of surveys, plans, specifications and |
| 15 | | estimates for and in the construction and maintenance of |
| 16 | | flight strips and of highways necessary to provide access |
| 17 | | to military and naval reservations, to defense industries |
| 18 | | and defense-industry sites, and to the sources of raw |
| 19 | | materials and for replacing existing highways and highway |
| 20 | | connections shut off from general public use at military |
| 21 | | and naval reservations and defense-industry sites, or for |
| 22 | | the purchase of right-of-way, except that the State shall |
| 23 | | be reimbursed in full for any expense incurred in building |
| 24 | | the flight strips; or for the operating and maintaining of |
| 25 | | highway garages; or for patrolling and policing the public |
| 26 | | highways and conserving the peace; or for the operating |
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| 1 | | expenses of the Department relating to the administration |
| 2 | | of public transportation programs; or, during fiscal year |
| 3 | | 2024, for the purposes of a grant not to exceed $9,108,400 |
| 4 | | to the Northern Illinois Transit Regional Transportation |
| 5 | | Authority on behalf of PACE for the purpose of |
| 6 | | ADA/Para-transit expenses; or, during fiscal year 2025, |
| 7 | | for the purposes of a grant not to exceed $10,020,000 to |
| 8 | | the Northern Illinois Transit Regional Transportation |
| 9 | | Authority on behalf of PACE for the purpose of |
| 10 | | ADA/Para-transit expenses; or for any of those purposes or |
| 11 | | any other purpose that may be provided by law. |
| 12 | | Appropriations for any of those purposes are payable from |
| 13 | | the Road Fund. Appropriations may also be made from the Road |
| 14 | | Fund for the administrative expenses of any State agency that |
| 15 | | are related to motor vehicles or arise from the use of motor |
| 16 | | vehicles. |
| 17 | | Beginning with fiscal year 1980 and thereafter, no Road |
| 18 | | Fund monies shall be appropriated to the following Departments |
| 19 | | or agencies of State government for administration, grants, or |
| 20 | | operations; but this limitation is not a restriction upon |
| 21 | | appropriating for those purposes any Road Fund monies that are |
| 22 | | eligible for federal reimbursement: |
| 23 | | 1. Department of Public Health; |
| 24 | | 2. Department of Transportation, only with respect to |
| 25 | | subsidies for one-half fare Student Transportation and |
| 26 | | Reduced Fare for Elderly, except fiscal year 2024 when no |
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| 1 | | more than $19,063,500 may be expended and except fiscal |
| 2 | | year 2025 when no more than $20,969,900 may be expended; |
| 3 | | 3. Department of Central Management Services, except |
| 4 | | for expenditures incurred for group insurance premiums of |
| 5 | | appropriate personnel; |
| 6 | | 4. Judicial Systems and Agencies. |
| 7 | | Beginning with fiscal year 1981 and thereafter, no Road |
| 8 | | Fund monies shall be appropriated to the following Departments |
| 9 | | or agencies of State government for administration, grants, or |
| 10 | | operations; but this limitation is not a restriction upon |
| 11 | | appropriating for those purposes any Road Fund monies that are |
| 12 | | eligible for federal reimbursement: |
| 13 | | 1. Illinois State Police, except for expenditures with |
| 14 | | respect to the Division of Patrol and Division of Criminal |
| 15 | | Investigation; |
| 16 | | 2. Department of Transportation, only with respect to |
| 17 | | Intercity Rail Subsidies, except fiscal year 2024 when no |
| 18 | | more than $60,000,000 may be expended and except fiscal |
| 19 | | year 2025 when no more than $67,000,000 may be expended, |
| 20 | | and Rail Freight Services. |
| 21 | | Beginning with fiscal year 1982 and thereafter, no Road |
| 22 | | Fund monies shall be appropriated to the following Departments |
| 23 | | or agencies of State government for administration, grants, or |
| 24 | | operations; but this limitation is not a restriction upon |
| 25 | | appropriating for those purposes any Road Fund monies that are |
| 26 | | eligible for federal reimbursement: Department of Central |
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| 1 | | Management Services, except for awards made by the Illinois |
| 2 | | Workers' Compensation Commission under the terms of the |
| 3 | | Workers' Compensation Act or Workers' Occupational Diseases |
| 4 | | Act for injury or death of an employee of the Division of |
| 5 | | Highways in the Department of Transportation. |
| 6 | | Beginning with fiscal year 1984 and thereafter, no Road |
| 7 | | Fund monies shall be appropriated to the following Departments |
| 8 | | or agencies of State government for administration, grants, or |
| 9 | | operations; but this limitation is not a restriction upon |
| 10 | | appropriating for those purposes any Road Fund monies that are |
| 11 | | eligible for federal reimbursement: |
| 12 | | 1. Illinois State Police, except not more than 40% of |
| 13 | | the funds appropriated for the Division of Patrol and |
| 14 | | Division of Criminal Investigation; |
| 15 | | 2. State Officers. |
| 16 | | Beginning with fiscal year 1984 and thereafter, no Road |
| 17 | | Fund monies shall be appropriated to any Department or agency |
| 18 | | of State government for administration, grants, or operations |
| 19 | | except as provided hereafter; but this limitation is not a |
| 20 | | restriction upon appropriating for those purposes any Road |
| 21 | | Fund monies that are eligible for federal reimbursement. It |
| 22 | | shall not be lawful to circumvent the above appropriation |
| 23 | | limitations by governmental reorganization or other methods. |
| 24 | | Appropriations shall be made from the Road Fund only in |
| 25 | | accordance with the provisions of this Section. |
| 26 | | Money in the Road Fund shall, if and when the State of |
|
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| 1 | | Illinois incurs any bonded indebtedness for the construction |
| 2 | | of permanent highways, be set aside and used for the purpose of |
| 3 | | paying and discharging during each fiscal year the principal |
| 4 | | and interest on that bonded indebtedness as it becomes due and |
| 5 | | payable as provided in the General Obligation Bond Act, and |
| 6 | | for no other purpose. The surplus, if any, in the Road Fund |
| 7 | | after the payment of principal and interest on that bonded |
| 8 | | indebtedness then annually due shall be used as follows: |
| 9 | | first -- to pay the cost of administration of Chapters |
| 10 | | 2 through 10 of the Illinois Vehicle Code; and |
| 11 | | secondly -- no Road Fund monies derived from fees, |
| 12 | | excises, or license taxes relating to registration, |
| 13 | | operation and use of vehicles on public highways or to |
| 14 | | fuels used for the propulsion of those vehicles, shall be |
| 15 | | appropriated or expended other than for costs of |
| 16 | | administering the laws imposing those fees, excises, and |
| 17 | | license taxes, statutory refunds and adjustments allowed |
| 18 | | thereunder, administrative costs of the Department of |
| 19 | | Transportation, including, but not limited to, the |
| 20 | | operating expenses of the Department relating to the |
| 21 | | administration of public transportation programs, payment |
| 22 | | of debts and liabilities incurred in construction and |
| 23 | | reconstruction of public highways and bridges, acquisition |
| 24 | | of rights-of-way for and the cost of construction, |
| 25 | | reconstruction, maintenance, repair, and operation of |
| 26 | | public highways and bridges under the direction and |
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| 1 | | supervision of the State, political subdivision, or |
| 2 | | municipality collecting those monies, or during fiscal |
| 3 | | year 2024 for the purposes of a grant not to exceed |
| 4 | | $9,108,400 to the Northern Illinois Transit Regional |
| 5 | | Transportation Authority on behalf of PACE for the purpose |
| 6 | | of ADA/Para-transit expenses, or during fiscal year 2025 |
| 7 | | for the purposes of a grant not to exceed $10,020,000 to |
| 8 | | the Northern Illinois Transit Regional Transportation |
| 9 | | Authority on behalf of PACE for the purpose of |
| 10 | | ADA/Para-transit expenses, and the costs for patrolling |
| 11 | | and policing the public highways (by the State, political |
| 12 | | subdivision, or municipality collecting that money) for |
| 13 | | enforcement of traffic laws. The separation of grades of |
| 14 | | such highways with railroads and costs associated with |
| 15 | | protection of at-grade highway and railroad crossing shall |
| 16 | | also be permissible. |
| 17 | | Appropriations for any of such purposes are payable from |
| 18 | | the Road Fund or the Grade Crossing Protection Fund as |
| 19 | | provided in Section 8 of the Motor Fuel Tax Law. |
| 20 | | Except as provided in this paragraph, beginning with |
| 21 | | fiscal year 1991 and thereafter, no Road Fund monies shall be |
| 22 | | appropriated to the Illinois State Police for the purposes of |
| 23 | | this Section in excess of its total fiscal year 1990 Road Fund |
| 24 | | appropriations for those purposes unless otherwise provided in |
| 25 | | Section 5g of this Act. For fiscal years 2003, 2004, 2005, |
| 26 | | 2006, and 2007 only, no Road Fund monies shall be appropriated |
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| 1 | | to the Department of State Police for the purposes of this |
| 2 | | Section in excess of $97,310,000. For fiscal year 2008 only, |
| 3 | | no Road Fund monies shall be appropriated to the Department of |
| 4 | | State Police for the purposes of this Section in excess of |
| 5 | | $106,100,000. For fiscal year 2009 only, no Road Fund monies |
| 6 | | shall be appropriated to the Department of State Police for |
| 7 | | the purposes of this Section in excess of $114,700,000. |
| 8 | | Beginning in fiscal year 2010, no Road Fund moneys shall be |
| 9 | | appropriated to the Illinois State Police. It shall not be |
| 10 | | lawful to circumvent this limitation on appropriations by |
| 11 | | governmental reorganization or other methods unless otherwise |
| 12 | | provided in Section 5g of this Act. |
| 13 | | In fiscal year 1994, no Road Fund monies shall be |
| 14 | | appropriated to the Secretary of State for the purposes of |
| 15 | | this Section in excess of the total fiscal year 1991 Road Fund |
| 16 | | appropriations to the Secretary of State for those purposes, |
| 17 | | plus $9,800,000. It shall not be lawful to circumvent this |
| 18 | | limitation on appropriations by governmental reorganization or |
| 19 | | other method. |
| 20 | | Beginning with fiscal year 1995 and thereafter, no Road |
| 21 | | Fund monies shall be appropriated to the Secretary of State |
| 22 | | for the purposes of this Section in excess of the total fiscal |
| 23 | | year 1994 Road Fund appropriations to the Secretary of State |
| 24 | | for those purposes. It shall not be lawful to circumvent this |
| 25 | | limitation on appropriations by governmental reorganization or |
| 26 | | other methods. |
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| 1 | | Beginning with fiscal year 2000, total Road Fund |
| 2 | | appropriations to the Secretary of State for the purposes of |
| 3 | | this Section shall not exceed the amounts specified for the |
| 4 | | following fiscal years: |
|
| 5 | | Fiscal Year 2000 | $80,500,000; | |
| 6 | | Fiscal Year 2001 | $80,500,000; | |
| 7 | | Fiscal Year 2002 | $80,500,000; | |
| 8 | | Fiscal Year 2003 | $130,500,000; | |
| 9 | | Fiscal Year 2004 | $130,500,000; | |
| 10 | | Fiscal Year 2005 | $130,500,000; | |
| 11 | | Fiscal Year 2006 | $130,500,000; | |
| 12 | | Fiscal Year 2007 | $130,500,000; | |
| 13 | | Fiscal Year 2008 | $130,500,000; | |
| 14 | | Fiscal Year 2009 | $130,500,000. |
|
| 15 | | For fiscal year 2010, no road fund moneys shall be |
| 16 | | appropriated to the Secretary of State. |
| 17 | | Beginning in fiscal year 2011, moneys in the Road Fund |
| 18 | | shall be appropriated to the Secretary of State for the |
| 19 | | exclusive purpose of paying refunds due to overpayment of fees |
| 20 | | related to Chapter 3 of the Illinois Vehicle Code unless |
| 21 | | otherwise provided for by law. |
| 22 | | Beginning in fiscal year 2025, moneys in the Road Fund may |
| 23 | | be appropriated to the Environmental Protection Agency for the |
| 24 | | exclusive purpose of making deposits into the Electric Vehicle |
| 25 | | Rebate Fund, subject to appropriation, to be used for purposes |
| 26 | | consistent with Section 11 of Article IX of the Illinois |
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| 1 | | Constitution. |
| 2 | | Notwithstanding any provision of law to the contrary, |
| 3 | | beginning in fiscal year 2027, any interest earned on monies |
| 4 | | in the Road Fund and the State Construction Account Fund shall |
| 5 | | be dedicated to public transportation construction |
| 6 | | improvements or debt service. Of the interest earned on moneys |
| 7 | | in the Road Fund and the State Construction Account Fund on or |
| 8 | | after July 1, 2026, 90% shall be deposited into the Northern |
| 9 | | Illinois Transit Capital Improvement Fund to be used by the |
| 10 | | Northern Illinois Transit Authority for construction |
| 11 | | improvements and 10% shall be deposited into the Downstate |
| 12 | | Mass Transportation Capital Improvement Fund to be used by |
| 13 | | local mass transit districts, other than the Northern Illinois |
| 14 | | Transit Authority, for construction improvements. There shall |
| 15 | | be a transfer of $5,000,000 from the Downstate Transit |
| 16 | | Improvement Fund to an airport operated under the University |
| 17 | | of Illinois Airport Act. Beginning in fiscal year 2027, the |
| 18 | | Department shall issue a semi-annual call for projects for |
| 19 | | this program. |
| 20 | | It shall not be lawful to circumvent this limitation on |
| 21 | | appropriations by governmental reorganization or other |
| 22 | | methods. |
| 23 | | No new program may be initiated in fiscal year 1991 and |
| 24 | | thereafter that is not consistent with the limitations imposed |
| 25 | | by this Section for fiscal year 1984 and thereafter, insofar |
| 26 | | as appropriation of Road Fund monies is concerned. |
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| 1 | | Nothing in this Section prohibits transfers from the Road |
| 2 | | Fund to the State Construction Account Fund under Section 5e |
| 3 | | of this Act; nor to the General Revenue Fund, as authorized by |
| 4 | | Public Act 93-25. |
| 5 | | The additional amounts authorized for expenditure in this |
| 6 | | Section by Public Acts 92-0600, 93-0025, 93-0839, and 94-91 |
| 7 | | shall be repaid to the Road Fund from the General Revenue Fund |
| 8 | | in the next succeeding fiscal year that the General Revenue |
| 9 | | Fund has a positive budgetary balance, as determined by |
| 10 | | generally accepted accounting principles applicable to |
| 11 | | government. |
| 12 | | The additional amounts authorized for expenditure by the |
| 13 | | Secretary of State and the Department of State Police in this |
| 14 | | Section by Public Act 94-91 shall be repaid to the Road Fund |
| 15 | | from the General Revenue Fund in the next succeeding fiscal |
| 16 | | year that the General Revenue Fund has a positive budgetary |
| 17 | | balance, as determined by generally accepted accounting |
| 18 | | principles applicable to government. |
| 19 | | (Source: P.A. 102-16, eff. 6-17-21; 102-538, eff. 8-20-21; |
| 20 | | 102-699, eff. 4-19-22; 102-813, eff. 5-13-22; 103-8, eff. |
| 21 | | 6-7-23; 103-34, eff. 1-1-24; 103-588, eff. 6-5-24; 103-605, |
| 22 | | eff. 7-1-24; 103-616, eff. 7-1-24; revised 8-5-24.)
|
| 23 | | (30 ILCS 105/8.25g) |
| 24 | | Sec. 8.25g. The Civic and Transit Infrastructure Fund. The |
| 25 | | Civic and Transit Infrastructure Fund is created as a special |
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| 1 | | fund in the State treasury Treasury. Money in the Civic and |
| 2 | | Transit Infrastructure Fund shall, when the State of Illinois |
| 3 | | incurs infrastructure indebtedness pursuant to the |
| 4 | | public-private partnership entered into by the public agency |
| 5 | | on behalf of the State of Illinois with private entity |
| 6 | | pursuant to the Public-Private Partnership for Civic and |
| 7 | | Transit Infrastructure Project Act, be used for the purpose of |
| 8 | | paying and discharging monthly the principal and interest on |
| 9 | | that infrastructure indebtedness then due and payable |
| 10 | | consistent with the term established in the public-private |
| 11 | | agreement entered into by the public agency on behalf of the |
| 12 | | State of Illinois. The public agency shall, pursuant to its |
| 13 | | authority under the Public-Private Partnership for Civic and |
| 14 | | Transit Infrastructure Project Act, annually certify to the |
| 15 | | State Comptroller and the State Treasurer the amount necessary |
| 16 | | and required, during the fiscal year with respect to which the |
| 17 | | certification is made, to pay the amounts due under the |
| 18 | | Public-Private Partnership for Civic and Transit |
| 19 | | Infrastructure Project Act. On or before the last day of each |
| 20 | | month, the State Comptroller and State Treasurer shall |
| 21 | | transfer the moneys required to be deposited into the Fund |
| 22 | | under Section 3 of the Retailers' Occupation Tax Act and the |
| 23 | | Public-Private Partnership for Civic and Transit |
| 24 | | Infrastructure Project Act and shall pay from that Fund the |
| 25 | | required amount certified by the public agency, plus any |
| 26 | | cumulative deficiency in such transfers and payments for prior |
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| 1 | | months, to the public agency for distribution pursuant to the |
| 2 | | Public-Private Partnership for Civic and Transit |
| 3 | | Infrastructure Project Act. Such transferred amount shall be |
| 4 | | sufficient to pay all amounts due under the Public-Private |
| 5 | | Partnership for Civic and Transit Infrastructure Project Act. |
| 6 | | Provided that all amounts deposited in the Fund have been paid |
| 7 | | accordingly under the Public-Private Partnership for Civic and |
| 8 | | Transit Infrastructure Project Act, all amounts remaining in |
| 9 | | the Civic and Transit Infrastructure Fund shall be held in |
| 10 | | that Fund for other subsequent payments required under the |
| 11 | | Public-Private Partnership for Civic and Transit |
| 12 | | Infrastructure Project Act. In the event the State fails to |
| 13 | | pay the amount necessary and required under the Public-Private |
| 14 | | Partnership for Civic and Transit Infrastructure Project Act |
| 15 | | for any reason during the fiscal year with respect to which the |
| 16 | | certification is made or if the State takes any steps that |
| 17 | | result in an impact to the irrevocable, first priority pledge |
| 18 | | of and lien on moneys on deposit in the Civic and Transit |
| 19 | | Infrastructure Fund, the public agency shall certify such |
| 20 | | delinquent amounts to the State Comptroller and the State |
| 21 | | Treasurer and the State Comptroller and the State Treasurer |
| 22 | | shall take all steps required to intercept the tax revenues |
| 23 | | collected from within the boundary of the civic transit |
| 24 | | infrastructure project pursuant to Section 3 of the Retailers' |
| 25 | | Occupation Tax Act, Section 9 of the Use Tax Act, Section 9 of |
| 26 | | the Service Use Tax Act, Section 9 of the Service Occupation |
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| 1 | | Tax Act, Section 4.03 of the Northern Illinois Transit |
| 2 | | Regional Transportation Authority Act, and Section 6 of the |
| 3 | | Hotel Operators' Occupation Tax Act, and shall pay such |
| 4 | | amounts to the Fund for distribution by the public agency for |
| 5 | | the time period required to ensure that the State's |
| 6 | | distribution requirements under the Public-Private Partnership |
| 7 | | for Civic and Transit Infrastructure Project Act are fully |
| 8 | | met. |
| 9 | | As used in the Section, "private entity", "public-private |
| 10 | | agreement", and "public agency" have meanings provided in |
| 11 | | Section 25-10 of the Public-Private Partnership for Civic and |
| 12 | | Transit Infrastructure Project Act. |
| 13 | | (Source: P.A. 101-10, eff. 6-5-19; 102-558, eff. 8-20-21.)
|
| 14 | | Section 15-60. The State Officers and Employees Money |
| 15 | | Disposition Act is amended by changing Section 2a as follows:
|
| 16 | | (30 ILCS 230/2a) (from Ch. 127, par. 172) |
| 17 | | Sec. 2a. Every officer, board, commission, commissioner, |
| 18 | | department, institute, arm, or agency to whom or to which this |
| 19 | | Act applies is to notify the State Treasurer as to money paid |
| 20 | | to him, her, or it under protest as provided in Section 2a.1, |
| 21 | | and the Treasurer is to place the money in a special fund to be |
| 22 | | known as the protest fund. At the expiration of 30 days from |
| 23 | | the date of payment, the money is to be transferred from the |
| 24 | | protest fund to the appropriate fund in which it would have |
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| 1 | | been placed had there been payment without protest unless the |
| 2 | | party making that payment under protest has filed a complaint |
| 3 | | and secured within that 30 days a temporary restraining order |
| 4 | | or a preliminary injunction, restraining the making of that |
| 5 | | transfer and unless, in addition, within that 30 days, a copy |
| 6 | | of the temporary restraining order or preliminary injunction |
| 7 | | has been served upon the State Treasurer and also upon the |
| 8 | | officer, board, commission, commissioner, department, |
| 9 | | institute, arm, or agency to whom or to which the payment under |
| 10 | | protest was made, in which case the payment and such other |
| 11 | | payments as are subsequently made under notice of protest, as |
| 12 | | provided in Section 2a.1, by the same person, the transfer of |
| 13 | | which payments is restrained by such temporary restraining |
| 14 | | order or preliminary injunction, are to be held in the protest |
| 15 | | fund until the final order or judgment of the court. The |
| 16 | | judicial remedy herein provided, however, relates only to |
| 17 | | questions which must be decided by the court in determining |
| 18 | | the proper disposition of the moneys paid under protest. Any |
| 19 | | authorized payment from the protest fund shall bear simple |
| 20 | | interest at a rate equal to the average of the weekly rates at |
| 21 | | issuance on 13-week U.S. Treasury Bills from the date of |
| 22 | | deposit into the protest fund to the date of disbursement from |
| 23 | | the protest fund. In cases involving temporary restraining |
| 24 | | orders or preliminary injunctions entered March 10, 1982, or |
| 25 | | thereafter, pursuant to this Section, when the party paying |
| 26 | | under protest fails in the protest action the State Treasurer |
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| 1 | | shall determine if any moneys paid under protest were paid as a |
| 2 | | result of assessments under the following provisions: the |
| 3 | | Municipal Retailers' Occupation Tax Act, the Municipal Service |
| 4 | | Occupation Tax Act, the Municipal Use Tax Act, the Municipal |
| 5 | | Automobile Renting Occupation Tax Act, the Municipal |
| 6 | | Automobile Renting Use Tax Act, Section 8-11-9 of the Illinois |
| 7 | | Municipal Code, the Tourism, Conventions and Other Special |
| 8 | | Events Promotion Act of 1967, the County Automobile Renting |
| 9 | | Occupation Tax Act, the County Automobile Renting Use Tax Act, |
| 10 | | Section 5-1034 of the Counties Code, Section 5.01 of the Local |
| 11 | | Mass Transit District Act, the Downstate Public Transportation |
| 12 | | Act, Section 4.03 of the Northern Illinois Transit Regional |
| 13 | | Transportation Authority Act, subsections (c) and (d) of |
| 14 | | Section 201 of the Illinois Income Tax Act, Section 2a.1 of the |
| 15 | | Messages Tax Act, Section 2a.1 of the Gas Revenue Tax Act, |
| 16 | | Section 2a.1 of the Public Utilities Revenue Act, and the |
| 17 | | Water Company Invested Capital Tax Act. Any such moneys paid |
| 18 | | under protest shall bear simple interest at a rate equal to the |
| 19 | | average of the weekly rates at issuance on 13-week U.S. |
| 20 | | Treasury Bills from the date of deposit into the protest fund |
| 21 | | to the date of disbursement from the protest fund. |
| 22 | | It is unlawful for the Clerk of a court, a bank or any |
| 23 | | person other than the State Treasurer to be appointed as |
| 24 | | trustee with respect to any purported payment under protest, |
| 25 | | or otherwise to be authorized by a court to hold any purported |
| 26 | | payment under protest, during the pendency of the litigation |
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| 1 | | involving such purported payment under protest, it being the |
| 2 | | expressed intention of the General Assembly that no one is to |
| 3 | | act as custodian of any such purported payment under protest |
| 4 | | except the State Treasurer. |
| 5 | | No payment under protest within the meaning of this Act |
| 6 | | has been made unless paid to an officer, board, commission, |
| 7 | | commissioner, department, institute, arm or agency brought |
| 8 | | within this Act by Section 1 and unless made in the form |
| 9 | | specified by Section 2a.1. No payment into court or to a |
| 10 | | circuit clerk or other court-appointed trustee is a payment |
| 11 | | under protest within the meaning of this Act. |
| 12 | | (Source: P.A. 87-950.)
|
| 13 | | Section 15-65. The Downstate Public Transportation Act is |
| 14 | | amended by changing Sections 2-2.02, 2-7, 2-15, 3-1.02, and |
| 15 | | 4-1.7 as follows:
|
| 16 | | (30 ILCS 740/2-2.02) (from Ch. 111 2/3, par. 662.02) |
| 17 | | Sec. 2-2.02. "Participant" means: |
| 18 | | (1) a city, village, or incorporated town, a county, or a |
| 19 | | local mass transit district organized under the Local Mass |
| 20 | | Transit District Act (a) serving an urbanized area of over |
| 21 | | 50,000 population or (b) serving a nonurbanized area; or |
| 22 | | (2) any Metro-East Transit District established pursuant |
| 23 | | to Section 3 of the Local Mass Transit District Act and serving |
| 24 | | one or more of the Counties of Madison, Monroe, and St. Clair |
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| 1 | | during Fiscal Year 1989, all located outside the boundaries of |
| 2 | | the Northern Illinois Transit Regional Transportation |
| 3 | | Authority as established pursuant to the Northern Illinois |
| 4 | | Transit Regional Transportation Authority Act. |
| 5 | | (Source: P.A. 94-70, eff. 6-22-05.)
|
| 6 | | (30 ILCS 740/2-7) (from Ch. 111 2/3, par. 667) |
| 7 | | Sec. 2-7. Quarterly reports; annual audit. |
| 8 | | (a) Any Metro-East Transit District participant shall, no |
| 9 | | later than 60 days following the end of each quarter of any |
| 10 | | fiscal year, file with the Department on forms provided by the |
| 11 | | Department for that purpose, a report of the actual operating |
| 12 | | deficit experienced during that quarter. The Department shall, |
| 13 | | upon receipt of the quarterly report, determine whether the |
| 14 | | operating deficits were incurred in conformity with the |
| 15 | | program of proposed expenditures and services approved by the |
| 16 | | Department pursuant to Section 2-11. Any Metro-East District |
| 17 | | may either monthly or quarterly for any fiscal year file a |
| 18 | | request for the participant's eligible share, as allocated in |
| 19 | | accordance with Section 2-6, of the amounts transferred into |
| 20 | | the Metro-East Public Transportation Fund. |
| 21 | | (b) Each participant other than any Metro-East Transit |
| 22 | | District participant shall, 30 days before the end of each |
| 23 | | quarter, file with the Department on forms provided by the |
| 24 | | Department for such purposes a report of the projected |
| 25 | | eligible operating expenses to be incurred in the next quarter |
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| 1 | | and 30 days before the third and fourth quarters of any fiscal |
| 2 | | year a statement of actual eligible operating expenses |
| 3 | | incurred in the preceding quarters. Except as otherwise |
| 4 | | provided in subsection (b-5), within 45 days of receipt by the |
| 5 | | Department of such quarterly report, the Comptroller shall |
| 6 | | order paid and the Treasurer shall pay from the Downstate |
| 7 | | Public Transportation Fund to each participant an amount equal |
| 8 | | to one-third of such participant's eligible operating |
| 9 | | expenses; provided, however, that in Fiscal Year 1997, the |
| 10 | | amount paid to each participant from the Downstate Public |
| 11 | | Transportation Fund shall be an amount equal to 47% of such |
| 12 | | participant's eligible operating expenses and shall be |
| 13 | | increased to 49% in Fiscal Year 1998, 51% in Fiscal Year 1999, |
| 14 | | 53% in Fiscal Year 2000, 55% in Fiscal Years 2001 through 2007, |
| 15 | | and 65% in Fiscal Year 2008 and thereafter, and 75% for |
| 16 | | participants serving urbanized areas and 80% for participants |
| 17 | | serving nonurbanized areas in fiscal year 2027 and thereafter; |
| 18 | | however, in any year that a participant receives funding under |
| 19 | | subsection (i) of Section 2705-305 of the Department of |
| 20 | | Transportation Law (20 ILCS 2705/2705-305), that participant |
| 21 | | shall be eligible only for assistance equal to the following |
| 22 | | percentage of its eligible operating expenses: 42% in Fiscal |
| 23 | | Year 1997, 44% in Fiscal Year 1998, 46% in Fiscal Year 1999, |
| 24 | | 48% in Fiscal Year 2000, and 50% in Fiscal Year 2001 and |
| 25 | | thereafter. Any such payment for the third and fourth quarters |
| 26 | | of any fiscal year shall be adjusted to reflect actual |
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| 1 | | eligible operating expenses for preceding quarters of such |
| 2 | | fiscal year. However, no participant shall receive an amount |
| 3 | | less than that which was received in the immediate prior year, |
| 4 | | provided in the event of a shortfall in the fund those |
| 5 | | participants receiving less than their full allocation |
| 6 | | pursuant to Section 2-6 of this Article shall be the first |
| 7 | | participants to receive an amount not less than that received |
| 8 | | in the immediate prior year. |
| 9 | | (b-5) (Blank). |
| 10 | | (b-10) On July 1, 2008, each participant shall receive an |
| 11 | | appropriation in an amount equal to 65% of its fiscal year 2008 |
| 12 | | eligible operating expenses adjusted by the annual 10% |
| 13 | | increase required by Section 2-2.04 of this Act. In no case |
| 14 | | shall any participant receive an appropriation that is less |
| 15 | | than its fiscal year 2008 appropriation. Every fiscal year |
| 16 | | thereafter, each participant's appropriation shall increase by |
| 17 | | 10% over the appropriation established for the preceding |
| 18 | | fiscal year as required by Section 2-2.04 of this Act. |
| 19 | | (b-11) Beginning July 1, 2026, and every fiscal year |
| 20 | | thereafter, if the participant's expenditures in the |
| 21 | | immediately preceding fiscal year are equal to or greater than |
| 22 | | 85% of the amounts appropriated to the participant in the |
| 23 | | immediately preceding fiscal year, then the participant's |
| 24 | | appropriation shall increase by an amount equal to the |
| 25 | | year-over-year percentage increase in revenue deposited into |
| 26 | | the Downstate Public Transportation Fund. If there was a |
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| 1 | | year-over-year reduction in the revenue deposited into the |
| 2 | | Fund, then each participant's appropriation shall be no more |
| 3 | | than the previous fiscal year's appropriation. |
| 4 | | (b-15) Beginning on July 1, 2007, and for each fiscal year |
| 5 | | thereafter, each participant shall maintain a minimum local |
| 6 | | share contribution (from farebox and all other local revenues) |
| 7 | | equal to the actual amount provided in Fiscal Year 2006 or, for |
| 8 | | new recipients, an amount equivalent to the local share |
| 9 | | provided in the first year of participation. The local share |
| 10 | | contribution shall be reduced by an amount equal to the total |
| 11 | | amount of lost revenue for services provided under Section |
| 12 | | 2-15.2 and Section 2-15.3 of this Act. |
| 13 | | (b-20) Any participant in the Downstate Public |
| 14 | | Transportation Fund may use State operating assistance funding |
| 15 | | pursuant to this Section to provide transportation services |
| 16 | | within any county that is contiguous to its territorial |
| 17 | | boundaries as defined by the Department and subject to |
| 18 | | Departmental approval. Any such contiguous-area service |
| 19 | | provided by a participant after July 1, 2007 must meet the |
| 20 | | requirements of subsection (a) of Section 2-5.1. |
| 21 | | (c) No later than 180 days following the last day of the |
| 22 | | participant's Fiscal Year each participant shall provide the |
| 23 | | Department with an audit prepared by a Certified Public |
| 24 | | Accountant covering that Fiscal Year. For those participants |
| 25 | | other than a Metro-East Transit District, any discrepancy |
| 26 | | between the funds paid and the percentage of the eligible |
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| 1 | | operating expenses provided for by paragraph (b) of this |
| 2 | | Section shall be reconciled by appropriate payment or credit. |
| 3 | | In the case of any Metro-East Transit District, any amount of |
| 4 | | payments from the Metro-East Public Transportation Fund which |
| 5 | | exceed the eligible deficit of the participant shall be |
| 6 | | reconciled by appropriate payment or credit. |
| 7 | | (d) Upon the Department's final reconciliation |
| 8 | | determination that identifies a discrepancy between the |
| 9 | | Downstate Operating Assistance Program funds paid and the |
| 10 | | percentage of the eligible operating expenses which results in |
| 11 | | a reimbursement payment due to the Department, the participant |
| 12 | | shall remit the reimbursement payment to the Department no |
| 13 | | later than 90 days after written notification. |
| 14 | | (e) Funds received by the Department from participants for |
| 15 | | reimbursement as a result of an overpayment from a prior State |
| 16 | | fiscal year shall be deposited into the Downstate Public |
| 17 | | Transportation Fund in the fiscal year in which they are |
| 18 | | received and all unspent funds shall roll to following fiscal |
| 19 | | years. |
| 20 | | (f) Upon the Department's final reconciliation |
| 21 | | determination that identifies a discrepancy between the |
| 22 | | Downstate Operating Assistance Program funds paid and the |
| 23 | | percentage of the eligible operating expenses which results in |
| 24 | | a reimbursement payment due to the participant, the Department |
| 25 | | shall remit the reimbursement payment to the participant no |
| 26 | | later than 90 days after written notifications. |
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| 1 | | (Source: P.A. 102-626, eff. 8-27-21; 102-790, eff. 1-1-23; |
| 2 | | 103-154, eff. 6-30-23.)
|
| 3 | | (30 ILCS 740/2-15) (from Ch. 111 2/3, par. 675.1) |
| 4 | | Sec. 2-15. Residual fund balance. |
| 5 | | (a) Except as otherwise provided in this Section, all |
| 6 | | funds which remain in the Downstate Public Transportation Fund |
| 7 | | or the Metro-East Public Transportation Fund after the payment |
| 8 | | of the fourth quarterly payment to participants other than |
| 9 | | Metro-East Transit District participants and the last monthly |
| 10 | | payment to Metro-East Transit participants in each fiscal year |
| 11 | | shall be transferred (i) to the General Revenue Fund through |
| 12 | | fiscal year 2008 and (ii) to the Downstate Transit Improvement |
| 13 | | Fund for fiscal year 2009 and each fiscal year thereafter. |
| 14 | | Transfers shall be made no later than 90 days following the end |
| 15 | | of such fiscal year. Beginning fiscal year 2010, all moneys |
| 16 | | each year in the Downstate Transit Improvement Fund, held |
| 17 | | solely for the benefit of the participants in the Downstate |
| 18 | | Public Transportation Fund and shall be appropriated to the |
| 19 | | Department to make competitive capital grants to the |
| 20 | | participants of the respective funds, except that the total |
| 21 | | residual fund balance transferred to the Downstate Transit |
| 22 | | Improvement Fund after the completion of Fiscal Year 2026 |
| 23 | | shall be used for Intercity Rail Capital Startup projects for |
| 24 | | connectivity between downstate communities and Chicago. |
| 25 | | Beginning in fiscal year 2026, the Department shall issue a |
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| 1 | | semi-annual call for projects for this program. However, such |
| 2 | | amount as the Department determines to be necessary for (1) |
| 3 | | allocation to participants for the purposes of Section 2-7 for |
| 4 | | the first quarter of the succeeding fiscal year and (2) an |
| 5 | | amount equal to 2% of the total allocations to participants in |
| 6 | | the fiscal year just ended to be used for the purpose of audit |
| 7 | | adjustments shall be retained in such Funds to be used by the |
| 8 | | Department for such purposes. Notwithstanding any other |
| 9 | | provision of law, for Fiscal Year 2027, the sum of $3,750,000, |
| 10 | | or so much of that amount as may be necessary, may be |
| 11 | | appropriated from the Downstate Transit Improvement Fund to |
| 12 | | the Department of Transportation to make a grant to the |
| 13 | | Springfield Airport Authority for the purpose of supporting |
| 14 | | daily commercial air service between Springfield and Chicago |
| 15 | | O'Hare International Airport in order to facilitate State |
| 16 | | operations in the Capital City. |
| 17 | | (b) Notwithstanding any other provision of law, in |
| 18 | | addition to any other transfers that may be provided by law, on |
| 19 | | July 1, 2011, or as soon thereafter as practical, the State |
| 20 | | Comptroller shall direct and the State Treasurer shall |
| 21 | | transfer the remaining balance from the Metro East Public |
| 22 | | Transportation Fund into the General Revenue Fund. Upon |
| 23 | | completion of the transfers, the Metro East Public |
| 24 | | Transportation Fund is dissolved, and any future deposits due |
| 25 | | to that Fund and any outstanding obligations or liabilities of |
| 26 | | that Fund pass to the General Revenue Fund. |
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| 1 | | (Source: P.A. 97-72, eff. 7-1-11.)
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| 2 | | (30 ILCS 740/3-1.02) (from Ch. 111 2/3, par. 683) |
| 3 | | Sec. 3-1.02. "Participant" means any county located |
| 4 | | outside the boundaries of the Northern Illinois Transit |
| 5 | | Regional Transportation Authority as established under the |
| 6 | | Northern Illinois Transit Regional Transportation Authority |
| 7 | | Act and outside the Bi-State Metropolitan Development District |
| 8 | | established under an Act approved July 26, 1949, except that |
| 9 | | beginning, July 1, 1987 the counties within the boundaries of |
| 10 | | the Bi-State Metropolitan Development District may be eligible |
| 11 | | for capital assistance only, or within such county any |
| 12 | | municipality with 20,000 or more population that is not |
| 13 | | included in an urbanized area or the boundaries of a local mass |
| 14 | | transit district; or within such county any municipality with |
| 15 | | 20,000 or less population receiving State mass transportation |
| 16 | | operating assistance under the Downstate Public Transportation |
| 17 | | Act during Fiscal Year 1979; or within such county or counties |
| 18 | | a local mass transit district organized under the local Mass |
| 19 | | Transit District Act which is not included in an urbanized |
| 20 | | area or the boundaries of a local mass transit district which |
| 21 | | includes an urbanized area; provided, however, that no such |
| 22 | | entity shall be eligible to participate unless it agrees to |
| 23 | | adhere to the regulations and requirements of the Secretary of |
| 24 | | Transportation of the federal Department of Transportation |
| 25 | | affecting Section 18 assistance or any other conditions as |
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| 1 | | deemed reasonable and necessary by the Illinois Department of |
| 2 | | Transportation. |
| 3 | | (Source: P.A. 87-1235.)
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| 4 | | (30 ILCS 740/4-1.7) (from Ch. 111 2/3, par. 699.7) |
| 5 | | Sec. 4-1.7. "Participant" means (1) a city, village or |
| 6 | | incorporated town, or a local mass transit district organized |
| 7 | | under the Local Mass Transit District Act, that is named as a |
| 8 | | designated recipient by the Governor, or is eligible to |
| 9 | | receive federal UMTA Section 9 funds, or (2) the recipient |
| 10 | | designated by the Governor within the Bi-State Metropolitan |
| 11 | | Development District; provided that such entity is all located |
| 12 | | outside the boundaries of the Northern Illinois Transit |
| 13 | | Regional Transportation Authority as established pursuant to |
| 14 | | the Northern Illinois Transit Regional Transportation |
| 15 | | Authority Act, as amended, and has formally requested to |
| 16 | | participate in the program defined in this Article. However, |
| 17 | | no such entity shall be eligible to participate unless it |
| 18 | | agrees to adhere to the regulations and requirements of the |
| 19 | | Secretary of Transportation of the federal Department of |
| 20 | | Transportation affecting UMTA Section 9 assistance or any |
| 21 | | other conditions that are deemed reasonable and necessary by |
| 22 | | the Illinois Department of Transportation. |
| 23 | | (Source: P.A. 86-16.)
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| 24 | | Section 15-70. The State Mandates Act is amended by |
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| 1 | | changing Section 8.47 as follows:
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| 2 | | (30 ILCS 805/8.47) |
| 3 | | Sec. 8.47. Exempt mandate. |
| 4 | | (a) Notwithstanding Sections 6 and 8 of this Act, no |
| 5 | | reimbursement by the State is required for the implementation |
| 6 | | of any mandate created by Public Act 103-2, 103-110, 103-409, |
| 7 | | 103-455, 103-529, 103-552, 103-553, 103-579, or 103-582. |
| 8 | | (b) Notwithstanding Sections 6 and 8 of this Act, no |
| 9 | | reimbursement by the State is required for the implementation |
| 10 | | of any mandate created by the Decennial Committees on Local |
| 11 | | Government Efficiency Act. |
| 12 | | (c) Notwithstanding Sections 6 and 8 of this Act, no |
| 13 | | reimbursement by the State is required for the implementation |
| 14 | | of the mandate created by Section 2.10a of the Northern |
| 15 | | Illinois Transit Regional Transportation Authority Act in |
| 16 | | Public Act 103-281. |
| 17 | | (Source: P.A. 102-1136, eff. 2-10-23; 103-2, eff. 5-10-23; |
| 18 | | 103-110, eff. 6-29-23; 103-281, eff. 1-1-24; 103-409, eff. |
| 19 | | 1-1-24; 103-455, eff. 1-1-24; 103-529, eff. 8-11-23; 103-552, |
| 20 | | eff. 8-11-23; 103-553, eff. 8-11-23; 103-579, eff. 12-8-23; |
| 21 | | 103-582, eff. 12-8-23; 103-605, eff. 7-1-24.)
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| 22 | | Section 15-90. The Use and Occupation Tax Refund Act is |
| 23 | | amended by changing Section 1 as follows:
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| 1 | | (35 ILCS 150/1) (from Ch. 120, par. 1501) |
| 2 | | Sec. 1. Every real estate developer-builder who has paid a |
| 3 | | use tax or reimbursed a retailer for any Illinois, municipal, |
| 4 | | county, or Northern Illinois Transit Regional Transportation |
| 5 | | Authority retailers' occupation tax, or who, under a contract |
| 6 | | with a contractor or subcontractor, has directly or indirectly |
| 7 | | borne the burden of a use tax or any reimbursement for any |
| 8 | | Illinois, municipal, county or Northern Illinois Transit |
| 9 | | Regional Transportation Authority retailers' occupation tax |
| 10 | | paid by that contractor or subcontractor to a retailer, on |
| 11 | | tangible personal property purchased on or after July 1, 1977, |
| 12 | | and prior to July 1, 1980, that is to be physically |
| 13 | | incorporated into public improvements (such as public roads |
| 14 | | and streets, public sewers or other public utility service), |
| 15 | | the title to which was required by ordinance of a unit of local |
| 16 | | government to be conveyed to that unit of local government or |
| 17 | | was so conveyed by operation of law, may, prior to July 1, |
| 18 | | 1982, file a claim for credit or refund directly with the |
| 19 | | Department of Revenue to recover the amount of such use tax |
| 20 | | payment or reimbursement for any Illinois, municipal, county |
| 21 | | or Northern Illinois Transit Regional Transportation Authority |
| 22 | | retailers' occupation tax. Such claim shall be accompanied by |
| 23 | | a notarized affidavit from the retailer and subcontractor, if |
| 24 | | applicable, from whom such tangible personal property was |
| 25 | | purchased stating that the retailer collected the use tax or |
| 26 | | was reimbursed for Illinois, municipal, county, or Northern |
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| 1 | | Illinois Transit Regional Transportation Authority retailers' |
| 2 | | occupation tax, that an amount equal to all such taxes was |
| 3 | | properly remitted to the Department and that the retailer has |
| 4 | | not filed a claim for credit or refund based upon the |
| 5 | | transaction which is the subject of the claim and will not |
| 6 | | thereafter file any claim based upon that same transaction. |
| 7 | | This refund or credit shall be made only to the real estate |
| 8 | | developer-builder or assignee that has been required to |
| 9 | | physically incorporate the public improvements by a unit of |
| 10 | | local government. Proof of such requirement shall be a |
| 11 | | certified letter from the unit of local government stating |
| 12 | | that the improvements were required by that unit of local |
| 13 | | government. |
| 14 | | The Department shall prescribe the forms for the claim and |
| 15 | | certification and shall establish the necessary procedures for |
| 16 | | processing such claims. |
| 17 | | (Source: P.A. 82-248.)
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| 18 | | Section 15-95. The Property Tax Code is amended by |
| 19 | | changing Section 15-100 as follows:
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| 20 | | (35 ILCS 200/15-100) |
| 21 | | Sec. 15-100. Public transportation systems. |
| 22 | | (a) All property belonging to any municipal corporation |
| 23 | | created for the sole purpose of owning and operating a |
| 24 | | transportation system for public service is exempt. |
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| 1 | | (b) Property owned by (i) a municipal corporation of |
| 2 | | 500,000 or more inhabitants, used for public transportation |
| 3 | | purposes, and operated by the Chicago Transit Authority; (ii) |
| 4 | | the Northern Illinois Transit Regional Transportation |
| 5 | | Authority; (iii) any service board or division of the Northern |
| 6 | | Illinois Transit Regional Transportation Authority; (iv) the |
| 7 | | Northeast Illinois Regional Commuter Railroad Corporation; or |
| 8 | | (v) the Chicago Transit Authority shall be exempt. For |
| 9 | | purposes of this Section alone, the Northern Illinois Transit |
| 10 | | Regional Transportation Authority, any service board or |
| 11 | | division of the Northern Illinois Transit Regional |
| 12 | | Transportation Authority, the Northeast Illinois Regional |
| 13 | | Commuter Railroad Corporation, the Chicago Transit Authority, |
| 14 | | or a municipal corporation, as defined in item (i), shall be |
| 15 | | deemed an "eligible transportation authority". The exemption |
| 16 | | provided in this subsection shall not be affected by any |
| 17 | | transaction in which, for the purpose of obtaining financing, |
| 18 | | the eligible transportation authority, directly or indirectly, |
| 19 | | leases or otherwise transfers such property to another whose |
| 20 | | property is not exempt and immediately thereafter enters into |
| 21 | | a leaseback or other agreement that directly or indirectly |
| 22 | | gives the eligible transportation authority a right to use, |
| 23 | | control, and possess the property. In the case of a conveyance |
| 24 | | of such property, the eligible transportation authority must |
| 25 | | retain an option to purchase the property at a future date or, |
| 26 | | within the limitations period for reverters, the property must |
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| 1 | | revert back to the eligible transportation authority. |
| 2 | | (c) If such property has been conveyed as described in |
| 3 | | subsection (b), the property will no longer be exempt pursuant |
| 4 | | to this Section as of the date when: |
| 5 | | (1) the right of the eligible transportation authority |
| 6 | | to use, control, and possess the property has been |
| 7 | | terminated; |
| 8 | | (2) the eligible transportation authority no longer |
| 9 | | has an option to purchase or otherwise acquire the |
| 10 | | property; and |
| 11 | | (3) there is no provision for a reverter of the |
| 12 | | property to the eligible transportation authority within |
| 13 | | the limitations period for reverters. |
| 14 | | (d) Pursuant to Sections 15-15 and 15-20 of this Code, the |
| 15 | | eligible transportation authority shall notify the chief |
| 16 | | county assessment officer of any transaction under subsection |
| 17 | | (b) of this Section. The chief county assessment officer shall |
| 18 | | determine initial and continuing compliance with the |
| 19 | | requirements of this Section for tax exemption. Failure to |
| 20 | | notify the chief county assessment officer of a transaction |
| 21 | | under this Section or to otherwise comply with the |
| 22 | | requirements of Sections 15-15 and 15-20 of this Code shall, |
| 23 | | in the discretion of the chief county assessment officer, |
| 24 | | constitute cause to terminate the exemption, notwithstanding |
| 25 | | any other provision of this Code. |
| 26 | | (e) No provision of this Section shall be construed to |
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| 1 | | affect the obligation of the eligible transportation authority |
| 2 | | to which an exemption certificate has been issued under this |
| 3 | | Section from its obligation under Section 15-10 of this Code |
| 4 | | to file an annual certificate of status or to notify the chief |
| 5 | | county assessment officer of transfers of interest or other |
| 6 | | changes in the status of the property as required by this Code. |
| 7 | | (f) The changes made by this amendatory Act of 1997 are |
| 8 | | declarative of existing law and shall not be construed as a new |
| 9 | | enactment. |
| 10 | | (Source: P.A. 90-562, eff. 12-16-97.)
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| 11 | | Section 15-100. The Motor Fuel Tax Law is amended by |
| 12 | | changing Section 8b as follows:
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| 13 | | (35 ILCS 505/8b) |
| 14 | | Sec. 8b. Transportation Renewal Fund; creation; |
| 15 | | distribution of proceeds. |
| 16 | | (a) The Transportation Renewal Fund is hereby created as a |
| 17 | | special fund in the State treasury. Moneys in the Fund shall be |
| 18 | | used as provided in this Section: |
| 19 | | (1) 80% of the moneys in the Fund shall be used for |
| 20 | | highway maintenance, highway construction, bridge repair, |
| 21 | | congestion relief, and construction of aviation |
| 22 | | facilities; of that 80%: |
| 23 | | (A) the State Comptroller shall order transferred |
| 24 | | and the State Treasurer shall transfer 60% to the |
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| 1 | | State Construction Account Fund; those moneys shall be |
| 2 | | used solely for construction, reconstruction, |
| 3 | | improvement, repair, maintenance, operation, and |
| 4 | | administration of highways and are limited to payments |
| 5 | | made pursuant to design and construction contracts |
| 6 | | awarded by the Department of Transportation; |
| 7 | | (B) 40% shall be distributed by the Department of |
| 8 | | Transportation to municipalities, counties, and road |
| 9 | | districts of the State using the percentages set forth |
| 10 | | in subdivisions (A), (B), (C), and (D) of paragraph |
| 11 | | (2) of subsection (e) of Section 8; distributions to |
| 12 | | particular municipalities, counties, and road |
| 13 | | districts under this subdivision (B) shall be made |
| 14 | | according to the allocation procedures described for |
| 15 | | municipalities, counties, and road districts in |
| 16 | | subsection (e) of Section 8 and shall be subject to the |
| 17 | | same requirements and limitations described in that |
| 18 | | subsection; and |
| 19 | | (2) 20% of the moneys in the Fund shall be used for |
| 20 | | projects related to rail facilities and mass transit |
| 21 | | facilities, as defined in Section 2705-305 of the |
| 22 | | Department of Transportation Law of the Civil |
| 23 | | Administrative Code of Illinois, including rapid transit, |
| 24 | | rail, high-speed rail, bus and other equipment in |
| 25 | | connection with the State or a unit of local government, |
| 26 | | special district, municipal corporation, or other public |
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| 1 | | agency authorized to provide and promote public |
| 2 | | transportation within the State; of that 20%: |
| 3 | | (A) 90% shall be deposited into the Northern |
| 4 | | Illinois Transit Regional Transportation Authority |
| 5 | | Capital Improvement Fund, a special fund created in |
| 6 | | the State Treasury; moneys in the Northern Illinois |
| 7 | | Transit Regional Transportation Authority Capital |
| 8 | | Improvement Fund shall be used by the Northern |
| 9 | | Illinois Transit Regional Transportation Authority for |
| 10 | | construction, improvements, and deferred maintenance |
| 11 | | on mass transit facilities and acquisition of buses |
| 12 | | and other equipment; and |
| 13 | | (B) 10% shall be deposited into the Downstate Mass |
| 14 | | Transportation Capital Improvement Fund, a special |
| 15 | | fund created in the State Treasury; moneys in the |
| 16 | | Downstate Mass Transportation Capital Improvement Fund |
| 17 | | shall be used by local mass transit districts other |
| 18 | | than the Northern Illinois Transit Regional |
| 19 | | Transportation Authority for construction, |
| 20 | | improvements, and deferred maintenance on mass transit |
| 21 | | facilities and acquisition of buses and other |
| 22 | | equipment. Beginning in Fiscal Year 2026, moneys in |
| 23 | | the Downstate Mass Transportation Capital Improvement |
| 24 | | Fund may be used for intercity rail capital startup |
| 25 | | projects for connectivity between downstate |
| 26 | | communities and Chicago. The amount to be spent on |
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| 1 | | intercity rail capital startup projects from the |
| 2 | | Downstate Mass Transportation Capital Improvement Fund |
| 3 | | shall be no more than $134,729,538. |
| 4 | | (b) (Blank). |
| 5 | | (Source: P.A. 103-866, eff. 8-9-24.)
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| 6 | | Section 15-105. The Postage Stamp Vending Machine Act is |
| 7 | | amended by changing Section 1 as follows:
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| 8 | | (35 ILCS 815/1) (from Ch. 121 1/2, par. 911) |
| 9 | | Sec. 1. Vending machines which vend only United States |
| 10 | | postage stamps are exempt from license fees or any excise or |
| 11 | | license tax levied by the State of Illinois or any county or |
| 12 | | municipality or other taxing district thereof, but are not |
| 13 | | exempt from State, county, municipal, or Northern Illinois |
| 14 | | Transit Regional Transportation Authority occupation and use |
| 15 | | taxes. |
| 16 | | (Source: P.A. 82-985.)
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| 17 | | Section 15-110. The Use Tax Act is amended by changing |
| 18 | | Section 2b as follows:
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| 19 | | (35 ILCS 105/2b) (from Ch. 120, par. 439.2b) |
| 20 | | Sec. 2b. "Selling price" shall not include any amounts |
| 21 | | added to prices by sellers on account of the seller's duty to |
| 22 | | collect any tax imposed under the "Northern Illinois |
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| 1 | | Transit Regional Transportation Authority Act", enacted by the |
| 2 | | 78th General Assembly. |
| 3 | | (Source: P.A. 78-3rd S.S.-12.)
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| 4 | | Section 15-120. The Governmental Tax Reform Validation Act |
| 5 | | is amended by changing Section 10 as follows:
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| 6 | | (35 ILCS 165/10) |
| 7 | | Sec. 10. Re-enactment; findings; purpose; validation. |
| 8 | | (a) The General Assembly finds and declares that: |
| 9 | | (1) The amendatory provisions of this Act were first |
| 10 | | enacted by Public Act 85-1135 and all related to taxation. |
| 11 | | (A) Article I of Public Act 85-1135, effective |
| 12 | | July 28, 1988, contained provisions stating |
| 13 | | legislative intent. |
| 14 | | (B) Article II of Public Act 85-1135, effective |
| 15 | | January 1, 1990, contained provisions amending or |
| 16 | | creating Sections 8-11-1, 8-11-1.1, 8-11-1.2, |
| 17 | | 8-11-1.3, 8-11-1.4, 8-11-5, 8-11-6, 8-11-6a, 8-11-16, |
| 18 | | and 11-74.4-8a of the Illinois Municipal Code; |
| 19 | | Sections 24a-1, 24a-2, 24a-3, 24a-4, and 25.05 of "An |
| 20 | | Act to revise the law in relation to counties"; |
| 21 | | Section 4 of the Water Commission Act of 1985; Section |
| 22 | | 5.01 of the Local Mass Transit District Act; Sections |
| 23 | | 4.01, 4.03, 4.04, and 4.09 of the Northern Illinois |
| 24 | | Transit Regional Transportation Authority Act; |
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| 1 | | Sections 3, 9, and 10b of the Use Tax Act; Sections 2, |
| 2 | | 3, 3d, 7a, 9, 10, 10b, and 15 of the Service Use Tax |
| 3 | | Act; Sections 2, 3, 9, 13, 15, and 20.1 of the Service |
| 4 | | Occupation Tax Act; Sections 2, 3, 5k, and 6d of the |
| 5 | | Retailers' Occupation Tax Act; and Sections 5.240, |
| 6 | | 5.241, 6z-16, and 6z-17 of the State Finance Act. |
| 7 | | Article II of Public Act 85-1135, effective January 1, |
| 8 | | 1990, also contained provisions repealing Sections |
| 9 | | 25.05a, 25.05-2, 25.05-2a, 25.05-3, 25.05-3a, |
| 10 | | 25.05-10, 25.05-10a, and 25.05-10.1 of "An Act to |
| 11 | | revise the law in relation to counties" and Sections |
| 12 | | 10 and 14 of the Service Occupation Tax Act. |
| 13 | | (C) Article III of Public Act 85-1135, effective |
| 14 | | September 1, 1988, contained provisions further |
| 15 | | amending Sections 3 and 9 of the Use Tax Act; Sections |
| 16 | | 2, 3, and 9 of the Service Use Tax Act; Sections 2, 3, |
| 17 | | and 9 of the Service Occupation Tax Act; and Sections 2 |
| 18 | | and 3 of the Retailers' Occupation Tax Act; and |
| 19 | | amending Section 2 of the State Revenue Sharing Act. |
| 20 | | (D) Article IV of Public Act 85-1135, effective |
| 21 | | July 28, 1988, contained provisions amending Section |
| 22 | | 6z-9 of the State Finance Act and creating Section .01 |
| 23 | | of the State Revenue Sharing Act. |
| 24 | | (E) Article V of Public Act 85-1135, effective |
| 25 | | July 28, 1988, contained provisions precluding any |
| 26 | | effect on a pre-existing right, remedy, or liability |
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| 1 | | and authorizing enactment of home rule municipality |
| 2 | | ordinances. |
| 3 | | (2) Public Act 85-1135 also contained provisions |
| 4 | | relating to State bonds and creating the Water Pollution |
| 5 | | Control Revolving Fund loan program. |
| 6 | | (3) On August 26, 1998, the Cook County Circuit Court |
| 7 | | entered an order in the case of Oak Park Arms Associates v. |
| 8 | | Whitley (No. 92 L 51045), in which it found that Public Act |
| 9 | | 85-1135 violates the single subject clause of the Illinois |
| 10 | | Constitution (Article IV, Section 8(d)). As of the time |
| 11 | | this Act was prepared, the order declaring P.A. 85-1135 |
| 12 | | invalid has been vacated but the case is subject to |
| 13 | | appeal. |
| 14 | | (4) The tax provisions of Public Act 85-1135 affect |
| 15 | | many areas of vital concern to the people of this State. |
| 16 | | The disruption of the tax reform contained in those |
| 17 | | provisions could constitute a grave threat to the |
| 18 | | continued health, safety, and welfare of the people of |
| 19 | | this State. |
| 20 | | (b) It is the purpose of this Act to prevent or minimize |
| 21 | | any problems relating to taxation that may result from |
| 22 | | challenges to the constitutional validity of Public Act |
| 23 | | 85-1135, by (1) re-enacting provisions from Public Act 85-1135 |
| 24 | | and (2) validating all actions taken in reliance on those |
| 25 | | provisions from Public Act 85-1135. |
| 26 | | (c) Because Public Act 86-962, effective January 1, 1990, |
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| 1 | | renumbered Sections 24a-1, 24a-2, 24a-3, 24a-4, and 25.05 of |
| 2 | | the Counties Code, this Act contains those provisions as |
| 3 | | renumbered under Sections 5-1006, 5-1007, 5-1008, 5-1009, and |
| 4 | | 5-1024 of the Counties Code. Because Public Act 86-1475, |
| 5 | | effective January 10, 1991, resectioned Section 3 of the Use |
| 6 | | Tax Act, Section 3 of the Service Use Tax Act, Section 3 of the |
| 7 | | Service Occupation Tax Act, and Section 2 of the Retailers' |
| 8 | | Occupation Tax Act, this Act contains those provisions as |
| 9 | | resectioned under Sections 3, 3-5, 3-10, 3-15, 3-20, 3-25, |
| 10 | | 3-30, 3-35, 3-40, 3-45, 3-50, 3-55, 3-60, 3-65, 3-70, 3-75, |
| 11 | | and 3-80 of the Use Tax Act; Sections 3, 3-5, 3-10, 3-15, 3-20, |
| 12 | | 3-25, 3-30, 3-35, 3-40, 3-45, 3-50, 3-55, 3-60, and 3-65 of the |
| 13 | | Service Use Tax Act; Sections 3, 3-5, 3-10, 3-15, 3-20, 3-25, |
| 14 | | 3-30, 3-35, 3-40, 3-45, and 3-50 of the Service Occupation Tax |
| 15 | | Act; and Sections 2, 2-5, 2-10, 2-15, 2-20, 2-25, 2-30, 2-35, |
| 16 | | 2-40, 2-45, 2-50, 2-55, 2-60, 2-65 of the Retailers' |
| 17 | | Occupation Tax Act. Because Public Act 85-1440, effective |
| 18 | | February 1, 1989, renumbered Section 6z-16 of the State |
| 19 | | Finance Act and Section .01 of the State Revenue Sharing Act, |
| 20 | | this Act contains those provisions as renumbered under Section |
| 21 | | 6z-18 of the State Finance Act and Section 0.1 of the State |
| 22 | | Revenue Sharing Act. Sections 10b of the Use Tax Act, 10b of |
| 23 | | the Service Use Tax Act, 20.1 of the Service Occupation Tax |
| 24 | | Act, and 6d of the Retailers' Occupation Tax Act have been |
| 25 | | omitted from this Act because they were repealed by Public Act |
| 26 | | 87-1258, effective January 7, 1993. |
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| 1 | | (d) This Act re-enacts Section 1 of Article I of Public Act |
| 2 | | 85-1135; Sections 8-11-1, 8-11-1.1, 8-11-1.2, 8-11-1.3, |
| 3 | | 8-11-1.4, 8-11-5, 8-11-6, 8-11-6a, 8-11-16, and 11-74.4-8a of |
| 4 | | the Illinois Municipal Code; Sections 5-1006, 5-1007, 5-1008, |
| 5 | | 5-1009, and 5-1024 of the Counties Code; Section 4 of the Water |
| 6 | | Commission Act of 1985; Section 5.01 of the Local Mass Transit |
| 7 | | District Act; Sections 4.01, 4.03, 4.04, and 4.09 of the |
| 8 | | Northern Illinois Transit Regional Transportation Authority |
| 9 | | Act; Sections 3, 3-5, 3-10, 3-15, 3-20, 3-25, 3-30, 3-35, |
| 10 | | 3-40, 3-45, 3-50, 3-55, 3-60, 3-65, 3-70, 3-75, 3-80, 9, and |
| 11 | | 10b of the Use Tax Act; Sections 2, 3, 3-5, 3-10, 3-15, 3-20, |
| 12 | | 3-25, 3-30, 3-35, 3-40, 3-45, 3-50, 3-55, 3-60, 3-65, 3d, 7a, |
| 13 | | 9, 10, 10b, and 15 of the Service Use Tax Act; Sections 2, 3, |
| 14 | | 3-5, 3-10, 3-15, 3-20, 3-25, 3-30, 3-35, 3-40, 3-45, 3-50, 9, |
| 15 | | 13, 15, and 20.1 of the Service Occupation Tax Act; Sections 2, |
| 16 | | 2-5, 2-10, 2-15, 2-20, 2-25, 2-30, 2-35, 2-40, 2-45, 2-50, |
| 17 | | 2-55, 2-60, 2-65, 3, 5k, and 6d of the Retailers' Occupation |
| 18 | | Tax Act; Sections 5.240, 5.241, 6z-9, 6z-17, and 6z-18 of the |
| 19 | | State Finance Act; Sections 0.1 and 2 of the State Revenue |
| 20 | | Sharing Act; and Sections 1 and 2 of Article V of Public Act |
| 21 | | 85-1135 as they have been amended. It also re-repeals Sections |
| 22 | | 25.05a, 25.05-2, 25.05-2a, 25.05-3, 25.05-3a, 25.05-10, |
| 23 | | 25.05-10a, and 25.05-10.1 of "An Act to revise the law in |
| 24 | | relation to counties" and Sections 10 and 14 of the Service |
| 25 | | Occupation Tax Act. This re-enactment and re-repeal is |
| 26 | | intended to remove any questions as to the validity or content |
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| 1 | | of those Sections; it is not intended to supersede any other |
| 2 | | Public Act that amends the text of a Section as set forth in |
| 3 | | this Act. The re-enacted material in this Act is shown as |
| 4 | | existing text (i.e., without underscoring) because, as of the |
| 5 | | time this Act was prepared, the order declaring P.A. 85-1135 |
| 6 | | invalid has been vacated. |
| 7 | | (e) In Sections 100 and 900 of this Act, references to |
| 8 | | "this amendatory Act of 1988" mean Public Act 85-1135, as |
| 9 | | re-enacted by this Act. |
| 10 | | (f) The re-enactment or re-repeal of Sections of Public |
| 11 | | Act 85-1135 by this Act is not intended, and shall not be |
| 12 | | construed, to imply that Public Act 85-1135 is invalid or to |
| 13 | | limit or impair any legal argument (1) upholding the validity |
| 14 | | of Public Act 85-1135 or (2) concerning whether the provisions |
| 15 | | of Public Act 85-1135 were substantially re-enacted by other |
| 16 | | Public Acts. |
| 17 | | (g) All otherwise lawful actions taken in reasonable |
| 18 | | reliance on or pursuant to the Sections re-enacted by this |
| 19 | | Act, as set forth in Public Act 85-1135 or subsequently |
| 20 | | amended, by any officer, employee, agency, or unit of State or |
| 21 | | local government or by any other person or entity, are hereby |
| 22 | | validated. |
| 23 | | With respect to actions taken in relation to matters |
| 24 | | arising under the Sections re-enacted by this Act, as set |
| 25 | | forth in Public Act 85-1135 or subsequently amended, a person |
| 26 | | is rebuttably presumed to have acted in reasonable reliance on |
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| 1 | | and pursuant to the provisions of Public Act 85-1135, as those |
| 2 | | provisions had been amended at the time the action was taken. |
| 3 | | (h) With respect to its administration of matters arising |
| 4 | | under the Sections re-enacted by this Act, the Department of |
| 5 | | Revenue shall continue to apply the provisions of Public Act |
| 6 | | 85-1135, as those provisions had been amended at the relevant |
| 7 | | time. |
| 8 | | (i) This Act applies, without limitation, to proceedings |
| 9 | | pending on or after the effective date of this Act. |
| 10 | | (Source: P.A. 91-51, eff. 6-30-99.)
|
| 11 | | Section 15-125. The Simplified Sales and Use Tax |
| 12 | | Administration Act is amended by changing Section 2 as |
| 13 | | follows:
|
| 14 | | (35 ILCS 171/2) |
| 15 | | Sec. 2. Definitions. As used in this Act: |
| 16 | | (a) "Agreement" means the Streamlined Sales and Use Tax |
| 17 | | Agreement as amended and adopted on January 27, 2001. |
| 18 | | (b) "Certified Automated System" means software certified |
| 19 | | jointly by the states that are signatories to the Agreement to |
| 20 | | calculate the tax imposed by each jurisdiction on a |
| 21 | | transaction, determine the amount of tax to remit to the |
| 22 | | appropriate state, and maintain a record of the transaction. |
| 23 | | (c) "Certified Service Provider" means an agent certified |
| 24 | | jointly by the states that are signatories to the Agreement to |
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| 1 | | perform all of the seller's sales tax functions. |
| 2 | | (d) "Person" means an individual, trust, estate, |
| 3 | | fiduciary, partnership, limited liability company, limited |
| 4 | | liability partnership, corporation, or any other legal entity. |
| 5 | | (e) "Sales Tax" means the tax levied under the Service |
| 6 | | Occupation Tax Act (35 ILCS 115/) and the Retailers' |
| 7 | | Occupation Tax Act (35 ILCS 120/). "Sales tax" also means any |
| 8 | | local sales tax levied under the Home Rule Municipal |
| 9 | | Retailers' Occupation Tax Act (65 ILCS 5/8-11-1), the Non-Home |
| 10 | | Rule Municipal Retailers' Occupation Tax Act (65 ILCS |
| 11 | | 5/8-11-1.3), the Non-Home Rule Municipal Service Occupation |
| 12 | | Tax Act (65 ILCS 5/8-11-1.4), the Home Rule Municipal Service |
| 13 | | Occupation Tax (65 ILCS 5/8-11-5), the Home Rule County |
| 14 | | Retailers' Occupation Tax Law (55 ILCS 5/5-1006), the Special |
| 15 | | County Retailers' Occupation Tax for Public Safety, Public |
| 16 | | Facilities, Mental Health, Substance Abuse, or Transportation |
| 17 | | Law (55 ILCS 5/5-1006.5), the Home Rule County Service |
| 18 | | Occupation Tax Law (55 ILCS 5/5-1007), subsection (b) of the |
| 19 | | Rock Island County Use and Occupation Tax Law (55 ILCS |
| 20 | | 5/5-1008.5(b)), the Metro East Mass Transit District |
| 21 | | Retailers' Occupation Tax (70 ILCS 3610/5.01(b)), the Metro |
| 22 | | East Mass Transit District Service Occupation Tax (70 ILCS |
| 23 | | 3610/5.01(c)), the Northern Illinois Transit Regional |
| 24 | | Transportation Authority Retailers' Occupation Tax (70 ILCS |
| 25 | | 3615/4.03(e)), the Northern Illinois Transit Regional |
| 26 | | Transportation Authority Service Occupation Tax (70 ILCS |
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| 1 | | 3615/4.03(f)), the County Water Commission Retailers' |
| 2 | | Occupation Tax (70 ILCS 3720/4(b)), or the County Water |
| 3 | | Commission Service Occupation Tax (70 ILCS 3720/4(c)). |
| 4 | | (f) "Seller" means any person making sales of personal |
| 5 | | property or services. |
| 6 | | (g) "State" means any state of the United States and the |
| 7 | | District of Columbia. |
| 8 | | (h) "Use tax" means the tax levied under the Use Tax Act |
| 9 | | (35 ILCS 105/) and the Service Use Tax Act (35 ILCS 110/). "Use |
| 10 | | tax" also means any local use tax levied under the Home Rule |
| 11 | | Municipal Use Tax Act (65 ILCS 5/8-11-6(b)), provided that the |
| 12 | | State and the municipality have entered into an agreement that |
| 13 | | provides for administration of the tax by the State. |
| 14 | | (Source: P.A. 100-1167, eff. 1-4-19; revised 7-16-25.)
|
| 15 | | Section 15-130. The Illinois Pension Code is amended by |
| 16 | | changing Sections 22-101, 22-101B, 22-103, and 22-105 as |
| 17 | | follows:
|
| 18 | | (40 ILCS 5/22-101) (from Ch. 108 1/2, par. 22-101) |
| 19 | | Sec. 22-101. Retirement Plan for Chicago Transit Authority |
| 20 | | Employees. |
| 21 | | (a) There shall be established and maintained by the |
| 22 | | Authority created by the "Metropolitan Transit Authority Act", |
| 23 | | approved April 12, 1945, as amended, (referred to in this |
| 24 | | Section as the "Authority") a financially sound pension and |
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| 1 | | retirement system adequate to provide for all payments when |
| 2 | | due under such established system or as modified from time to |
| 3 | | time by ordinance of the Chicago Transit Board or collective |
| 4 | | bargaining agreement. For this purpose, the Board must make |
| 5 | | contributions to the established system as required under this |
| 6 | | Section and may make any additional contributions provided for |
| 7 | | by Board ordinance or collective bargaining agreement. The |
| 8 | | participating employees shall make such periodic payments to |
| 9 | | the established system as required under this Section and may |
| 10 | | make any additional contributions provided for by Board |
| 11 | | ordinance or collective bargaining agreement. |
| 12 | | Provisions shall be made by the Board for all officers, |
| 13 | | except those who first become members on or after January 1, |
| 14 | | 2012, and employees of the Authority appointed pursuant to the |
| 15 | | "Metropolitan Transit Authority Act" to become, subject to |
| 16 | | reasonable rules and regulations, participants of the pension |
| 17 | | or retirement system with uniform rights, privileges, |
| 18 | | obligations and status as to the class in which such officers |
| 19 | | and employees belong. The terms, conditions and provisions of |
| 20 | | any pension or retirement system or of any amendment or |
| 21 | | modification thereof affecting employees who are members of |
| 22 | | any labor organization may be established, amended or modified |
| 23 | | by agreement with such labor organization, provided the terms, |
| 24 | | conditions and provisions must be consistent with this Act, |
| 25 | | the annual funding levels for the retirement system |
| 26 | | established by law must be met and the benefits paid to future |
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| 1 | | participants in the system may not exceed the benefit ceilings |
| 2 | | set for future participants under this Act and the |
| 3 | | contribution levels required by the Authority and its |
| 4 | | employees may not be less than the contribution levels |
| 5 | | established under this Act. |
| 6 | | (b) The Board of Trustees shall consist of 11 members |
| 7 | | appointed as follows: (i) 5 trustees shall be appointed by the |
| 8 | | Chicago Transit Board; (ii) 3 trustees shall be appointed by |
| 9 | | an organization representing the highest number of Chicago |
| 10 | | Transit Authority participants; (iii) one trustee shall be |
| 11 | | appointed by an organization representing the second-highest |
| 12 | | number of Chicago Transit Authority participants; (iv) one |
| 13 | | trustee shall be appointed by the recognized coalition |
| 14 | | representatives of participants who are not represented by an |
| 15 | | organization with the highest or second-highest number of |
| 16 | | Chicago Transit Authority participants; and (v) one trustee |
| 17 | | shall be selected by the Northern Illinois Transit Regional |
| 18 | | Transportation Authority Board of Directors, and the trustee |
| 19 | | shall be a professional fiduciary who has experience in the |
| 20 | | area of collectively bargained pension plans. Trustees shall |
| 21 | | serve until a successor has been appointed and qualified, or |
| 22 | | until resignation, death, incapacity, or disqualification. |
| 23 | | Any person appointed as a trustee of the board shall |
| 24 | | qualify by taking an oath of office that he or she will |
| 25 | | diligently and honestly administer the affairs of the system |
| 26 | | and will not knowingly violate or willfully permit the |
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| 1 | | violation of any of the provisions of law applicable to the |
| 2 | | Plan, including Sections 1-109, 1-109.1, 1-109.2, 1-110, |
| 3 | | 1-111, 1-114, and 1-115 of the Illinois Pension Code. |
| 4 | | Each trustee shall cast individual votes, and a majority |
| 5 | | vote shall be final and binding upon all interested parties, |
| 6 | | provided that the Board of Trustees may require a |
| 7 | | supermajority vote with respect to the investment of the |
| 8 | | assets of the Retirement Plan, and may set forth that |
| 9 | | requirement in the Retirement Plan documents, by-laws, or |
| 10 | | rules of the Board of Trustees. Each trustee shall have the |
| 11 | | rights, privileges, authority, and obligations as are usual |
| 12 | | and customary for such fiduciaries. |
| 13 | | The Board of Trustees may cause amounts on deposit in the |
| 14 | | Retirement Plan to be invested in those investments that are |
| 15 | | permitted investments for the investment of moneys held under |
| 16 | | any one or more of the pension or retirement systems of the |
| 17 | | State, any unit of local government or school district, or any |
| 18 | | agency or instrumentality thereof. The Board, by a vote of at |
| 19 | | least two-thirds of the trustees, may transfer investment |
| 20 | | management to the Illinois State Board of Investment, which is |
| 21 | | hereby authorized to manage these investments when so |
| 22 | | requested by the Board of Trustees. |
| 23 | | Notwithstanding any other provision of this Article or any |
| 24 | | law to the contrary, any person who first becomes a member of |
| 25 | | the Chicago Transit Board on or after January 1, 2012 shall not |
| 26 | | be eligible to participate in this Retirement Plan. |
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| 1 | | (c) All individuals who were previously participants in |
| 2 | | the Retirement Plan for Chicago Transit Authority Employees |
| 3 | | shall remain participants, and shall receive the same benefits |
| 4 | | established by the Retirement Plan for Chicago Transit |
| 5 | | Authority Employees, except as provided in this amendatory Act |
| 6 | | or by subsequent legislative enactment or amendment to the |
| 7 | | Retirement Plan. For Authority employees hired on or after the |
| 8 | | effective date of this amendatory Act of the 95th General |
| 9 | | Assembly, the Retirement Plan for Chicago Transit Authority |
| 10 | | Employees shall be the exclusive retirement plan and such |
| 11 | | employees shall not be eligible for any supplemental plan, |
| 12 | | except for a deferred compensation plan funded only by |
| 13 | | employee contributions. |
| 14 | | For all Authority employees who are first hired on or |
| 15 | | after the effective date of this amendatory Act of the 95th |
| 16 | | General Assembly and are participants in the Retirement Plan |
| 17 | | for Chicago Transit Authority Employees, the following terms, |
| 18 | | conditions and provisions with respect to retirement shall be |
| 19 | | applicable: |
| 20 | | (1) Such participant shall be eligible for an |
| 21 | | unreduced retirement allowance for life upon the |
| 22 | | attainment of age 64 with 25 years of continuous service. |
| 23 | | (2) Such participant shall be eligible for a reduced |
| 24 | | retirement allowance for life upon the attainment of age |
| 25 | | 55 with 10 years of continuous service. |
| 26 | | (3) For the purpose of determining the retirement |
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| 1 | | allowance to be paid to a retiring employee, the term |
| 2 | | "Continuous Service" as used in the Retirement Plan for |
| 3 | | Chicago Transit Authority Employees shall also be deemed |
| 4 | | to include all pension credit for service with any |
| 5 | | retirement system established under Article 8 or Article |
| 6 | | 11 of this Code, provided that the employee forfeits and |
| 7 | | relinquishes all pension credit under Article 8 or Article |
| 8 | | 11 of this Code, and the contribution required under this |
| 9 | | subsection is made by the employee. The Retirement Plan's |
| 10 | | actuary shall determine the contribution paid by the |
| 11 | | employee as an amount equal to the normal cost of the |
| 12 | | benefit accrued, had the service been rendered as an |
| 13 | | employee, plus interest per annum from the time such |
| 14 | | service was rendered until the date the payment is made. |
| 15 | | (d) From the effective date of this amendatory Act through |
| 16 | | December 31, 2008, all participating employees shall |
| 17 | | contribute to the Retirement Plan in an amount not less than 6% |
| 18 | | of compensation, and the Authority shall contribute to the |
| 19 | | Retirement Plan in an amount not less than 12% of |
| 20 | | compensation. |
| 21 | | (e)(1) Beginning January 1, 2009 the Authority shall make |
| 22 | | contributions to the Retirement Plan in an amount equal to |
| 23 | | twelve percent (12%) of compensation and participating |
| 24 | | employees shall make contributions to the Retirement Plan in |
| 25 | | an amount equal to six percent (6%) of compensation. These |
| 26 | | contributions may be paid by the Authority and participating |
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| 1 | | employees on a payroll or other periodic basis, but shall in |
| 2 | | any case be paid to the Retirement Plan at least monthly. |
| 3 | | (2) For the period ending December 31, 2040, the amount |
| 4 | | paid by the Authority in any year with respect to debt service |
| 5 | | on bonds issued for the purposes of funding a contribution to |
| 6 | | the Retirement Plan under Section 12c of the Metropolitan |
| 7 | | Transit Authority Act, other than debt service paid with the |
| 8 | | proceeds of bonds or notes issued by the Authority for any year |
| 9 | | after calendar year 2008, shall be treated as a credit against |
| 10 | | the amount of required contribution to the Retirement Plan by |
| 11 | | the Authority under subsection (e)(1) for the following year |
| 12 | | up to an amount not to exceed 6% of compensation paid by the |
| 13 | | Authority in that following year. |
| 14 | | (3) By September 15 of each year beginning in 2009 and |
| 15 | | ending on December 31, 2039, on the basis of a report prepared |
| 16 | | by an enrolled actuary retained by the Plan, the Board of |
| 17 | | Trustees of the Retirement Plan shall determine the estimated |
| 18 | | funded ratio of the total assets of the Retirement Plan to its |
| 19 | | total actuarially determined liabilities. A report containing |
| 20 | | that determination and the actuarial assumptions on which it |
| 21 | | is based shall be filed with the Authority, the |
| 22 | | representatives of its participating employees, the Auditor |
| 23 | | General of the State of Illinois, and the Northern Illinois |
| 24 | | Transit Regional Transportation Authority. If the funded ratio |
| 25 | | is projected to decline below 60% in any year before 2040, the |
| 26 | | Board of Trustees shall also determine the increased |
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| 1 | | contribution required each year as a level percentage of |
| 2 | | payroll over the years remaining until 2040 using the |
| 3 | | projected unit credit actuarial cost method so the funded |
| 4 | | ratio does not decline below 60% and include that |
| 5 | | determination in its report. If the actual funded ratio |
| 6 | | declines below 60% in any year prior to 2040, the Board of |
| 7 | | Trustees shall also determine the increased contribution |
| 8 | | required each year as a level percentage of payroll during the |
| 9 | | years after the then current year using the projected unit |
| 10 | | credit actuarial cost method so the funded ratio is projected |
| 11 | | to reach at least 60% no later than 10 years after the then |
| 12 | | current year and include that determination in its report. |
| 13 | | Within 60 days after receiving the report, the Auditor General |
| 14 | | shall review the determination and the assumptions on which it |
| 15 | | is based, and if he finds that the determination and the |
| 16 | | assumptions on which it is based are unreasonable in the |
| 17 | | aggregate, he shall issue a new determination of the funded |
| 18 | | ratio, the assumptions on which it is based and the increased |
| 19 | | contribution required each year as a level percentage of |
| 20 | | payroll over the years remaining until 2040 using the |
| 21 | | projected unit credit actuarial cost method so the funded |
| 22 | | ratio does not decline below 60%, or, in the event of an actual |
| 23 | | decline below 60%, so the funded ratio is projected to reach |
| 24 | | 60% by no later than 10 years after the then current year. If |
| 25 | | the Board of Trustees or the Auditor General determine that an |
| 26 | | increased contribution is required to meet the funded ratio |
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| 1 | | required by the subsection, effective January 1 following the |
| 2 | | determination or 30 days after such determination, whichever |
| 3 | | is later, one-third of the increased contribution shall be |
| 4 | | paid by participating employees and two-thirds by the |
| 5 | | Authority, in addition to the contributions required by this |
| 6 | | subsection (1). |
| 7 | | (4) For the period beginning 2040, the minimum |
| 8 | | contribution to the Retirement Plan for each fiscal year shall |
| 9 | | be an amount determined by the Board of Trustees of the |
| 10 | | Retirement Plan to be sufficient to bring the total assets of |
| 11 | | the Retirement Plan up to 90% of its total actuarial |
| 12 | | liabilities by the end of 2059. Participating employees shall |
| 13 | | be responsible for one-third of the required contribution and |
| 14 | | the Authority shall be responsible for two-thirds of the |
| 15 | | required contribution. In making these determinations, the |
| 16 | | Board of Trustees shall calculate the required contribution |
| 17 | | each year as a level percentage of payroll over the years |
| 18 | | remaining to and including fiscal year 2059 using the |
| 19 | | projected unit credit actuarial cost method. A report |
| 20 | | containing that determination and the actuarial assumptions on |
| 21 | | which it is based shall be filed by September 15 of each year |
| 22 | | with the Authority, the representatives of its participating |
| 23 | | employees, the Auditor General of the State of Illinois and |
| 24 | | the Northern Illinois Transit Regional Transportation |
| 25 | | Authority. If the funded ratio is projected to fail to reach |
| 26 | | 90% by December 31, 2059, the Board of Trustees shall also |
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| 1 | | determine the increased contribution required each year as a |
| 2 | | level percentage of payroll over the years remaining until |
| 3 | | December 31, 2059 using the projected unit credit actuarial |
| 4 | | cost method so the funded ratio will meet 90% by December 31, |
| 5 | | 2059 and include that determination in its report. Within 60 |
| 6 | | days after receiving the report, the Auditor General shall |
| 7 | | review the determination and the assumptions on which it is |
| 8 | | based and if he finds that the determination and the |
| 9 | | assumptions on which it is based are unreasonable in the |
| 10 | | aggregate, he shall issue a new determination of the funded |
| 11 | | ratio, the assumptions on which it is based and the increased |
| 12 | | contribution required each year as a level percentage of |
| 13 | | payroll over the years remaining until December 31, 2059 using |
| 14 | | the projected unit credit actuarial cost method so the funded |
| 15 | | ratio reaches no less than 90% by December 31, 2059. If the |
| 16 | | Board of Trustees or the Auditor General determine that an |
| 17 | | increased contribution is required to meet the funded ratio |
| 18 | | required by this 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 |
| 23 | | subsection (e)(1). |
| 24 | | (5) Beginning in 2060, the minimum contribution for each |
| 25 | | year shall be the amount needed to maintain the total assets of |
| 26 | | the Retirement Plan at 90% of the total actuarial liabilities |
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| 1 | | of the Plan, and the contribution shall be funded two-thirds |
| 2 | | by the Authority and one-third by the participating employees |
| 3 | | in accordance with this subsection. |
| 4 | | (f) The Authority shall take the steps necessary to comply |
| 5 | | with Section 414(h)(2) of the Internal Revenue Code of 1986, |
| 6 | | as amended, to permit the pick-up of employee contributions |
| 7 | | under subsections (d) and (e) on a tax-deferred basis. |
| 8 | | (g) The Board of Trustees shall certify to the Governor, |
| 9 | | the General Assembly, the Auditor General, the Board of the |
| 10 | | Northern Illinois Transit Regional Transportation Authority, |
| 11 | | and the Authority at least 90 days prior to the end of each |
| 12 | | fiscal year the amount of the required contributions to the |
| 13 | | retirement system for the next retirement system fiscal year |
| 14 | | under this Section. The certification shall include a copy of |
| 15 | | the actuarial recommendations upon which it is based. In |
| 16 | | addition, copies of the certification shall be sent to the |
| 17 | | Commission on Government Forecasting and Accountability and |
| 18 | | the Mayor of Chicago. |
| 19 | | (h)(1) As to an employee who first becomes entitled to a |
| 20 | | retirement allowance commencing on or after November 30, 1989, |
| 21 | | the retirement allowance shall be the amount determined in |
| 22 | | accordance with the following formula: |
| 23 | | (A) One percent (1%) of his "Average Annual |
| 24 | | Compensation in the highest four (4) completed Plan Years" |
| 25 | | for each full year of continuous service from the date of |
| 26 | | original employment to the effective date of the Plan; |
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| 1 | | plus |
| 2 | | (B) One and seventy-five hundredths percent (1.75%) of |
| 3 | | his "Average Annual Compensation in the highest four (4) |
| 4 | | completed Plan Years" for each year (including fractions |
| 5 | | thereof to completed calendar months) of continuous |
| 6 | | service as provided for in the Retirement Plan for Chicago |
| 7 | | Transit Authority Employees. |
| 8 | | Provided, however that: |
| 9 | | (2) As to an employee who first becomes entitled to a |
| 10 | | retirement allowance commencing on or after January 1, 1993, |
| 11 | | the retirement allowance shall be the amount determined in |
| 12 | | accordance with the following formula: |
| 13 | | (A) One percent (1%) of his "Average Annual |
| 14 | | Compensation in the highest four (4) completed Plan Years" |
| 15 | | for each full year of continuous service from the date of |
| 16 | | original employment to the effective date of the Plan; |
| 17 | | plus |
| 18 | | (B) One and eighty hundredths percent (1.80%) of his |
| 19 | | "Average Annual Compensation in the highest four (4) |
| 20 | | completed Plan Years" for each year (including fractions |
| 21 | | thereof to completed calendar months) of continuous |
| 22 | | service as provided for in the Retirement Plan for Chicago |
| 23 | | Transit Authority Employees. |
| 24 | | Provided, however that: |
| 25 | | (3) As to an employee who first becomes entitled to a |
| 26 | | retirement allowance commencing on or after January 1, 1994, |
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| 1 | | the retirement allowance shall be the amount determined in |
| 2 | | accordance with the following formula: |
| 3 | | (A) One percent (1%) of his "Average Annual |
| 4 | | Compensation in the highest four (4) completed Plan Years" |
| 5 | | for each full year of continuous service from the date of |
| 6 | | original employment to the effective date of the Plan; |
| 7 | | plus |
| 8 | | (B) One and eighty-five hundredths percent (1.85%) of |
| 9 | | his "Average Annual Compensation in the highest four (4) |
| 10 | | completed Plan Years" for each year (including fractions |
| 11 | | thereof to completed calendar months) of continuous |
| 12 | | service as provided for in the Retirement Plan for Chicago |
| 13 | | Transit Authority Employees. |
| 14 | | Provided, however that: |
| 15 | | (4) As to an employee who first becomes entitled to a |
| 16 | | retirement allowance commencing on or after January 1, 2000, |
| 17 | | the retirement allowance shall be the amount determined in |
| 18 | | accordance with the following formula: |
| 19 | | (A) One percent (1%) of his "Average Annual |
| 20 | | Compensation in the highest four (4) completed Plan Years" |
| 21 | | for each full year of continuous service from the date of |
| 22 | | original employment to the effective date of the Plan; |
| 23 | | plus |
| 24 | | (B) Two percent (2%) of his "Average Annual |
| 25 | | Compensation in the highest four (4) completed Plan Years" |
| 26 | | for each year (including fractions thereof to completed |
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| 1 | | calendar months) of continuous service as provided for in |
| 2 | | the Retirement Plan for Chicago Transit Authority |
| 3 | | Employees. |
| 4 | | Provided, however that: |
| 5 | | (5) As to an employee who first becomes entitled to a |
| 6 | | retirement allowance commencing on or after January 1, 2001, |
| 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) Two and fifteen hundredths percent (2.15%) of his |
| 15 | | "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 | | The changes made by this amendatory Act of the 95th |
| 21 | | General Assembly, to the extent that they affect the rights or |
| 22 | | privileges of Authority employees that are currently the |
| 23 | | subject of collective bargaining, have been agreed to between |
| 24 | | the authorized representatives of these employees and of the |
| 25 | | Authority prior to enactment of this amendatory Act, as |
| 26 | | evidenced by a Memorandum of Understanding between these |
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| 1 | | representatives that will be filed with the Secretary of State |
| 2 | | Index Department and designated as "95-GA-C05". The General |
| 3 | | Assembly finds and declares that those changes are consistent |
| 4 | | with 49 U.S.C. 5333(b) (also known as Section 13(c) of the |
| 5 | | Federal Transit Act) because of this agreement between |
| 6 | | authorized representatives of these employees and of the |
| 7 | | Authority, and that any future amendments to the provisions of |
| 8 | | this amendatory Act of the 95th General Assembly, to the |
| 9 | | extent those amendments would affect the rights and privileges |
| 10 | | of Authority employees that are currently the subject of |
| 11 | | collective bargaining, would be consistent with 49 U.S.C. |
| 12 | | 5333(b) if and only if those amendments were agreed to between |
| 13 | | these authorized representatives prior to enactment. |
| 14 | | (i) Early retirement incentive plan; funded ratio. |
| 15 | | (1) Beginning on the effective date of this Section, |
| 16 | | no early retirement incentive shall be offered to |
| 17 | | participants of the Plan unless the Funded Ratio of the |
| 18 | | Plan is at least 80% or more. |
| 19 | | (2) For the purposes of this Section, the Funded Ratio |
| 20 | | shall be the Adjusted Assets divided by the Actuarial |
| 21 | | Accrued Liability developed in accordance with Statement |
| 22 | | #25 promulgated by the Government Accounting Standards |
| 23 | | Board and the actuarial assumptions described in the Plan. |
| 24 | | The Adjusted Assets shall be calculated based on the |
| 25 | | methodology described in the Plan. |
| 26 | | (j) Nothing in this amendatory Act of the 95th General |
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| 1 | | Assembly shall impair the rights or privileges of Authority |
| 2 | | employees under any other law. |
| 3 | | (k) Any individual who, on or after August 19, 2011 (the |
| 4 | | effective date of Public Act 97-442), first becomes a |
| 5 | | participant of the Retirement Plan shall not be paid any of the |
| 6 | | benefits provided under this Code if he or she is convicted of |
| 7 | | a felony relating to, arising out of, or in connection with his |
| 8 | | or her service as a participant. |
| 9 | | This subsection (k) shall not operate to impair any |
| 10 | | contract or vested right acquired before August 19, 2011 (the |
| 11 | | effective date of Public Act 97-442) under any law or laws |
| 12 | | continued in this Code, and it shall not preclude the right to |
| 13 | | refund. |
| 14 | | (Source: P.A. 97-442, eff. 8-19-11; 97-609, eff. 1-1-12; |
| 15 | | 97-813, eff. 7-13-12.)
|
| 16 | | (40 ILCS 5/22-101B) |
| 17 | | Sec. 22-101B. Health Care Benefits. |
| 18 | | (a) The Chicago Transit Authority (hereinafter referred to |
| 19 | | in this Section as the "Authority") shall take all actions |
| 20 | | lawfully available to it to separate the funding of health |
| 21 | | care benefits for retirees and their dependents and survivors |
| 22 | | from the funding for its retirement system. The Authority |
| 23 | | shall endeavor to achieve this separation as soon as possible, |
| 24 | | and in any event no later than July 1, 2009. |
| 25 | | (b) Effective 90 days after the effective date of this |
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| 1 | | amendatory Act of the 95th General Assembly, a Retiree Health |
| 2 | | Care Trust is established for the purpose of providing health |
| 3 | | care benefits to eligible retirees and their dependents and |
| 4 | | survivors in accordance with the terms and conditions set |
| 5 | | forth in this Section 22-101B. The Retiree Health Care Trust |
| 6 | | shall be solely responsible for providing health care benefits |
| 7 | | to eligible retirees and their dependents and survivors upon |
| 8 | | the exhaustion of the account established by the Retirement |
| 9 | | Plan for Chicago Transit Authority Employees pursuant to |
| 10 | | Section 401(h) of the Internal Revenue Code of 1986, but no |
| 11 | | earlier than January 1, 2009 and no later than July 1, 2009. |
| 12 | | (1) The Board of Trustees shall consist of 7 members |
| 13 | | appointed as follows: (i) 3 trustees shall be appointed by |
| 14 | | the Chicago Transit Board; (ii) one trustee shall be |
| 15 | | appointed by an organization representing the highest |
| 16 | | number of Chicago Transit Authority participants; (iii) |
| 17 | | one trustee shall be appointed by an organization |
| 18 | | representing the second-highest number of Chicago Transit |
| 19 | | Authority participants; (iv) one trustee shall be |
| 20 | | appointed by the recognized coalition representatives of |
| 21 | | participants who are not represented by an organization |
| 22 | | with the highest or second-highest number of Chicago |
| 23 | | Transit Authority participants; and (v) one trustee shall |
| 24 | | be selected by the Northern Illinois Transit Regional |
| 25 | | Transportation Authority Board of Directors, and the |
| 26 | | trustee shall be a professional fiduciary who has |
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| 1 | | experience in the area of collectively bargained retiree |
| 2 | | health plans. Trustees shall serve until a successor has |
| 3 | | been appointed and qualified, or until resignation, death, |
| 4 | | incapacity, or disqualification. |
| 5 | | Any person appointed as a trustee of the board shall |
| 6 | | qualify by taking an oath of office that he or she will |
| 7 | | diligently and honestly administer the affairs of the |
| 8 | | system, and will not knowingly violate or willfully permit |
| 9 | | the violation of any of the provisions of law applicable |
| 10 | | to the Plan, including Sections 1-109, 1-109.1, 1-109.2, |
| 11 | | 1-110, 1-111, 1-114, and 1-115 of Article 1 of the |
| 12 | | Illinois Pension Code. |
| 13 | | Each trustee shall cast individual votes, and a |
| 14 | | majority vote shall be final and binding upon all |
| 15 | | interested parties, provided that the Board of Trustees |
| 16 | | may require a supermajority vote with respect to the |
| 17 | | investment of the assets of the Retiree Health Care Trust, |
| 18 | | and may set forth that requirement in the trust agreement |
| 19 | | or by-laws of the Board of Trustees. Each trustee shall |
| 20 | | have the rights, privileges, authority and obligations as |
| 21 | | are usual and customary for such fiduciaries. |
| 22 | | (2) The Board of Trustees shall establish and |
| 23 | | administer a health care benefit program for eligible |
| 24 | | retirees and their dependents and survivors. Any health |
| 25 | | care benefit program established by the Board of Trustees |
| 26 | | for eligible retirees and their dependents and survivors |
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| 1 | | effective on or after July 1, 2009 shall not contain any |
| 2 | | plan which provides for more than 90% coverage for |
| 3 | | in-network services or 70% coverage for out-of-network |
| 4 | | services after any deductible has been paid, except that |
| 5 | | coverage through a health maintenance organization ("HMO") |
| 6 | | may be provided at 100%. |
| 7 | | (2.5) The Board of Trustees may also establish and |
| 8 | | administer a health reimbursement arrangement for retirees |
| 9 | | and for former employees of the Authority or the |
| 10 | | Retirement Plan, and their survivors, who have contributed |
| 11 | | to the Retiree Health Care Trust but do not satisfy the |
| 12 | | years of service requirement of subdivision (b)(4) and the |
| 13 | | terms of the retiree health care plan; or for those who do |
| 14 | | satisfy the requirements of subdivision (b)(4) and the |
| 15 | | terms of the retiree health care plan but who decline |
| 16 | | coverage under the plan prior to retirement. Any such |
| 17 | | health reimbursement arrangement may provide that: the |
| 18 | | retirees or former employees of the Authority or the |
| 19 | | Retirement Plan, and their survivors, must have reached |
| 20 | | age 65 to be eligible to participate in the health |
| 21 | | reimbursement arrangement; contributions by the retirees |
| 22 | | or former employees of the Authority or the Retirement |
| 23 | | Plan to the Retiree Health Care Trust shall be considered |
| 24 | | assets of the Retiree Health Care Trust only; |
| 25 | | contributions shall not accrue interest for the benefit of |
| 26 | | the retiree or former employee of the Authority or the |
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| 1 | | Retirement Plan or survivor; benefits shall be payable in |
| 2 | | accordance with the Internal Revenue Code of 1986; the |
| 3 | | amounts paid to or on account of the retiree or former |
| 4 | | employee of the Authority or the Retirement Plan or |
| 5 | | survivor shall not exceed the total amount which the |
| 6 | | retiree or former employee of the Authority or the |
| 7 | | Retirement Plan contributed to the Retiree Health Care |
| 8 | | Trust; the Retiree Health Care Trust may charge a |
| 9 | | reasonable administrative fee for processing the benefits. |
| 10 | | The Board of Trustees of the Retiree Health Care Trust may |
| 11 | | establish such rules, limitations and requirements as the |
| 12 | | Board of Trustees deems appropriate. |
| 13 | | (3) The Retiree Health Care Trust shall be |
| 14 | | administered by the Board of Trustees according to the |
| 15 | | following requirements: |
| 16 | | (i) The Board of Trustees may cause amounts on |
| 17 | | deposit in the Retiree Health Care Trust to be |
| 18 | | invested in those investments that are permitted |
| 19 | | investments for the investment of moneys held under |
| 20 | | any one or more of the pension or retirement systems of |
| 21 | | the State, any unit of local government or school |
| 22 | | district, or any agency or instrumentality thereof. |
| 23 | | The Board, by a vote of at least two-thirds of the |
| 24 | | trustees, may transfer investment management to the |
| 25 | | Illinois State Board of Investment, which is hereby |
| 26 | | authorized to manage these investments when so |
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| 1 | | requested by the Board of Trustees. |
| 2 | | (ii) The Board of Trustees shall establish and |
| 3 | | maintain an appropriate funding reserve level which |
| 4 | | shall not be less than the amount of incurred and |
| 5 | | unreported claims plus 12 months of expected claims |
| 6 | | and administrative expenses. |
| 7 | | (iii) The Board of Trustees shall make an annual |
| 8 | | assessment of the funding levels of the Retiree Health |
| 9 | | Care Trust and shall submit a report to the Auditor |
| 10 | | General at least 90 days prior to the end of the fiscal |
| 11 | | year. The report shall provide the following: |
| 12 | | (A) the actuarial present value of projected |
| 13 | | benefits expected to be paid to current and future |
| 14 | | retirees and their dependents and survivors; |
| 15 | | (B) the actuarial present value of projected |
| 16 | | contributions and trust income plus assets; |
| 17 | | (C) the reserve required by subsection |
| 18 | | (b)(3)(ii); and |
| 19 | | (D) an assessment of whether the actuarial |
| 20 | | present value of projected benefits expected to be |
| 21 | | paid to current and future retirees and their |
| 22 | | dependents and survivors exceeds or is less than |
| 23 | | the actuarial present value of projected |
| 24 | | contributions and trust income plus assets in |
| 25 | | excess of the reserve required by subsection |
| 26 | | (b)(3)(ii). |
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| 1 | | If the actuarial present value of projected |
| 2 | | benefits expected to be paid to current and future |
| 3 | | retirees and their dependents and survivors exceeds |
| 4 | | the actuarial present value of projected contributions |
| 5 | | and trust income plus assets in excess of the reserve |
| 6 | | required by subsection (b)(3)(ii), then the report |
| 7 | | shall provide a plan, to be implemented over a period |
| 8 | | of not more than 10 years from each valuation date, |
| 9 | | which would make the actuarial present value of |
| 10 | | projected contributions and trust income plus assets |
| 11 | | equal to or exceed the actuarial present value of |
| 12 | | projected benefits expected to be paid to current and |
| 13 | | future retirees and their dependents and survivors. |
| 14 | | The plan may consist of increases in employee, |
| 15 | | retiree, dependent, or survivor contribution levels, |
| 16 | | decreases in benefit levels, or other plan changes or |
| 17 | | any combination thereof. If the actuarial present |
| 18 | | value of projected benefits expected to be paid to |
| 19 | | current and future retirees and their dependents and |
| 20 | | survivors is less than the actuarial present value of |
| 21 | | projected contributions and trust income plus assets |
| 22 | | in excess of the reserve required by subsection |
| 23 | | (b)(3)(ii), then the report may provide a plan of |
| 24 | | decreases in employee, retiree, dependent, or survivor |
| 25 | | contribution levels, increases in benefit levels, or |
| 26 | | other plan changes, or any combination thereof, to the |
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| 1 | | extent of the surplus. |
| 2 | | (iv) The Auditor General shall review the report |
| 3 | | and plan provided in subsection (b)(3)(iii) and issue |
| 4 | | a determination within 90 days after receiving the |
| 5 | | report and plan, with a copy of such determination |
| 6 | | provided to the General Assembly and the Northern |
| 7 | | Illinois Transit Regional Transportation Authority, as |
| 8 | | follows: |
| 9 | | (A) In the event of a projected shortfall, if |
| 10 | | the Auditor General determines that the |
| 11 | | assumptions stated in the report are not |
| 12 | | unreasonable in the aggregate and that the plan of |
| 13 | | increases in employee, retiree, dependent, or |
| 14 | | survivor contribution levels, decreases in benefit |
| 15 | | levels, or other plan changes, or any combination |
| 16 | | thereof, to be implemented over a period of not |
| 17 | | more than 10 years from each valuation date, is |
| 18 | | reasonably projected to make the actuarial present |
| 19 | | value of projected contributions and trust income |
| 20 | | plus assets equal to or in excess of the actuarial |
| 21 | | present value of projected benefits expected to be |
| 22 | | paid to current and future retirees and their |
| 23 | | dependents and survivors, then the Board of |
| 24 | | Trustees shall implement the plan. If the Auditor |
| 25 | | General determines that the assumptions stated in |
| 26 | | the report are unreasonable in the aggregate, or |
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| 1 | | that the plan of increases in employee, retiree, |
| 2 | | dependent, or survivor contribution levels, |
| 3 | | decreases in benefit levels, or other plan changes |
| 4 | | to be implemented over a period of not more than 10 |
| 5 | | years from each valuation date, is not reasonably |
| 6 | | projected to make the actuarial present value of |
| 7 | | projected contributions and trust income plus |
| 8 | | assets equal to or in excess of the actuarial |
| 9 | | present value of projected benefits expected to be |
| 10 | | paid to current and future retirees and their |
| 11 | | dependents and survivors, then the Board of |
| 12 | | Trustees shall not implement the plan, the Auditor |
| 13 | | General shall explain the basis for such |
| 14 | | determination to the Board of Trustees, and the |
| 15 | | Auditor General may make recommendations as to an |
| 16 | | alternative report and plan. |
| 17 | | (B) In the event of a projected surplus, if |
| 18 | | the Auditor General determines that the |
| 19 | | assumptions stated in the report are not |
| 20 | | unreasonable in the aggregate and that the plan of |
| 21 | | decreases in employee, retiree, dependent, or |
| 22 | | survivor contribution levels, increases in benefit |
| 23 | | levels, or both, is not unreasonable in the |
| 24 | | aggregate, then the Board of Trustees shall |
| 25 | | implement the plan. If the Auditor General |
| 26 | | determines that the assumptions stated in the |
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| 1 | | report are unreasonable in the aggregate, or that |
| 2 | | the plan of decreases in employee, retiree, |
| 3 | | dependent, or survivor contribution levels, |
| 4 | | increases in benefit levels, or both, is |
| 5 | | unreasonable in the aggregate, then the Board of |
| 6 | | Trustees shall not implement the plan, the Auditor |
| 7 | | General shall explain the basis for such |
| 8 | | determination to the Board of Trustees, and the |
| 9 | | Auditor General may make recommendations as to an |
| 10 | | alternative report and plan. |
| 11 | | (C) The Board of Trustees shall submit an |
| 12 | | alternative report and plan within 45 days after |
| 13 | | receiving a rejection determination by the Auditor |
| 14 | | General. A determination by the Auditor General on |
| 15 | | any alternative report and plan submitted by the |
| 16 | | Board of Trustees shall be made within 90 days |
| 17 | | after receiving the alternative report and plan, |
| 18 | | and shall be accepted or rejected according to the |
| 19 | | requirements of this subsection (b)(3)(iv). The |
| 20 | | Board of Trustees shall continue to submit |
| 21 | | alternative reports and plans to the Auditor |
| 22 | | General, as necessary, until a favorable |
| 23 | | determination is made by the Auditor General. |
| 24 | | (4) For any retiree who first retires effective on or |
| 25 | | after January 18, 2008, to be eligible for retiree health |
| 26 | | care benefits upon retirement, the retiree must be at |
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| 1 | | least 55 years of age, retire with 10 or more years of |
| 2 | | continuous service and satisfy the preconditions |
| 3 | | established by Public Act 95-708 in addition to any rules |
| 4 | | or regulations promulgated by the Board of Trustees. |
| 5 | | Notwithstanding the foregoing, any retiree hired on or |
| 6 | | before September 5, 2001 who retires with 25 years or more |
| 7 | | of continuous service shall be eligible for retiree health |
| 8 | | care benefits upon retirement in accordance with any rules |
| 9 | | or regulations adopted by the Board of Trustees; provided |
| 10 | | he or she retires prior to the full execution of the |
| 11 | | successor collective bargaining agreement to the |
| 12 | | collective bargaining agreement that became effective |
| 13 | | January 1, 2007 between the Authority and the |
| 14 | | organizations representing the highest and second-highest |
| 15 | | number of Chicago Transit Authority participants. This |
| 16 | | paragraph (4) shall not apply to a disability allowance. |
| 17 | | (5) Effective January 1, 2009, the aggregate amount of |
| 18 | | retiree, dependent and survivor contributions to the cost |
| 19 | | of their health care benefits shall not exceed more than |
| 20 | | 45% of the total cost of such benefits. The Board of |
| 21 | | Trustees shall have the discretion to provide different |
| 22 | | contribution levels for retirees, dependents and survivors |
| 23 | | based on their years of service, level of coverage or |
| 24 | | Medicare eligibility, provided that the total contribution |
| 25 | | from all retirees, dependents, and survivors shall be not |
| 26 | | more than 45% of the total cost of such benefits. The term |
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| 1 | | "total cost of such benefits" for purposes of this |
| 2 | | subsection shall be the total amount expended by the |
| 3 | | retiree health benefit program in the prior plan year, as |
| 4 | | calculated and certified in writing by the Retiree Health |
| 5 | | Care Trust's enrolled actuary to be appointed and paid for |
| 6 | | by the Board of Trustees. |
| 7 | | (6) Effective January 1, 2022, all employees of the |
| 8 | | Authority shall contribute to the Retiree Health Care |
| 9 | | Trust in an amount not less than 1% of compensation. |
| 10 | | (7) No earlier than January 1, 2009 and no later than |
| 11 | | July 1, 2009 as the Retiree Health Care Trust becomes |
| 12 | | solely responsible for providing health care benefits to |
| 13 | | eligible retirees and their dependents and survivors in |
| 14 | | accordance with subsection (b) of this Section 22-101B, |
| 15 | | the Authority shall not have any obligation to provide |
| 16 | | health care to current or future retirees and their |
| 17 | | dependents or survivors. Employees, retirees, dependents, |
| 18 | | and survivors who are required to make contributions to |
| 19 | | the Retiree Health Care Trust shall make contributions at |
| 20 | | the level set by the Board of Trustees pursuant to the |
| 21 | | requirements of this Section 22-101B. |
| 22 | | (Source: P.A. 102-415, eff. 1-1-22.)
|
| 23 | | (40 ILCS 5/22-103) |
| 24 | | Sec. 22-103. Northern Illinois Transit Regional |
| 25 | | Transportation Authority and related pension plans. |
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| 1 | | (a) As used in this Section: |
| 2 | | "Affected pension plan" means a defined-benefit pension |
| 3 | | plan supported in whole or in part by employer contributions |
| 4 | | and maintained by the Northern Illinois Transit Regional |
| 5 | | Transportation Authority, the Suburban Bus Division, or the |
| 6 | | Commuter Rail Division, or any combination thereof, under the |
| 7 | | general authority of the Northern Illinois Transit Regional |
| 8 | | Transportation Authority Act, including, but not limited to, |
| 9 | | any such plan that has been established under or is subject to |
| 10 | | a collective bargaining agreement or is limited to employees |
| 11 | | covered by a collective bargaining agreement. "Affected |
| 12 | | pension plan" does not include any pension fund or retirement |
| 13 | | system subject to Section 22-101 of this Section. |
| 14 | | "Authority" means the Northern Illinois Transit Regional |
| 15 | | Transportation Authority created under the Northern Illinois |
| 16 | | Transit Regional Transportation Authority Act. |
| 17 | | "Contributing employer" means an employer that is required |
| 18 | | to make contributions to an affected pension plan under the |
| 19 | | terms of that plan. |
| 20 | | "Funding ratio" means the ratio of an affected pension |
| 21 | | plan's assets to the present value of its actuarial |
| 22 | | liabilities, as determined at its latest actuarial valuation |
| 23 | | in accordance with applicable actuarial assumptions and |
| 24 | | recommendations. |
| 25 | | "Under-funded pension plan" or "under-funded" means an |
| 26 | | affected pension plan that, at the time of its last actuarial |
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| 1 | | valuation, has a funding ratio of less than 90%. |
| 2 | | (b) The contributing employers of each affected pension |
| 3 | | plan have a general duty to make the required employer |
| 4 | | contributions to the affected pension plan in a timely manner |
| 5 | | in accordance with the terms of the plan. A contributing |
| 6 | | employer must make contributions to the affected pension plan |
| 7 | | as required under this subsection and, if applicable, |
| 8 | | subsection (c); a contributing employer may make any |
| 9 | | additional contributions provided for by the board of the |
| 10 | | employer or collective bargaining agreement. |
| 11 | | (c) In the case of an affected pension plan that is |
| 12 | | under-funded on January 1, 2009 or becomes under-funded at any |
| 13 | | time after that date, the contributing employers shall |
| 14 | | contribute to the affected pension plan, in addition to all |
| 15 | | amounts otherwise required, amounts sufficient to bring the |
| 16 | | funding ratio of the affected pension plan up to 90% in |
| 17 | | accordance with an amortization schedule adopted jointly by |
| 18 | | the contributing employers and the trustee of the affected |
| 19 | | pension plan. The amortization schedule may extend for any |
| 20 | | period up to a maximum of 50 years and shall provide for |
| 21 | | additional employer contributions in substantially equal |
| 22 | | annual amounts over the selected period. If the contributing |
| 23 | | employers and the trustee of the affected pension plan do not |
| 24 | | agree on an appropriate period for the amortization schedule |
| 25 | | within 6 months of the date of determination that the plan is |
| 26 | | under-funded, then the amortization schedule shall be based on |
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| 1 | | a period of 50 years. |
| 2 | | In the case of an affected pension plan that has more than |
| 3 | | one contributing employer, each contributing employer's share |
| 4 | | of the total additional employer contributions required under |
| 5 | | this subsection shall be determined: (i) in proportion to the |
| 6 | | amounts, if any, by which the respective contributing |
| 7 | | employers have failed to meet their contribution obligations |
| 8 | | under the terms of the affected pension plan; or (ii) if all of |
| 9 | | the contributing employers have met their contribution |
| 10 | | obligations under the terms of the affected pension plan, then |
| 11 | | in the same proportion as they are required to contribute |
| 12 | | under the terms of that plan. In the case of an affected |
| 13 | | pension plan that has only one contributing employer, that |
| 14 | | contributing employer is responsible for all of the additional |
| 15 | | employer contributions required under this subsection. |
| 16 | | If an under-funded pension plan is determined to have |
| 17 | | achieved a funding ratio of at least 90% during the period when |
| 18 | | an amortization schedule is in force under this Section, the |
| 19 | | contributing employers and the trustee of the affected pension |
| 20 | | plan, acting jointly, may cancel the amortization schedule and |
| 21 | | the contributing employers may cease making additional |
| 22 | | contributions under this subsection for as long as the |
| 23 | | affected pension plan retains a funding ratio of at least 90%. |
| 24 | | (d) Beginning January 1, 2009, if the Authority fails to |
| 25 | | pay to an affected pension fund within 30 days after it is due |
| 26 | | (i) any employer contribution that it is required to make as a |
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| 1 | | contributing employer, (ii) any additional employer |
| 2 | | contribution that it is required to pay under subsection (c), |
| 3 | | or (iii) any payment that it is required to make under Section |
| 4 | | 4.02a or 4.02b of the Northern Illinois Transit Regional |
| 5 | | Transportation Authority Act, the trustee of the affected |
| 6 | | pension fund shall promptly so notify the Commission on |
| 7 | | Government Forecasting and Accountability, the Mayor of |
| 8 | | Chicago, the Governor, and the General Assembly. |
| 9 | | (e) For purposes of determining employer contributions, |
| 10 | | assets, and actuarial liabilities under this subsection, |
| 11 | | contributions, assets, and liabilities relating to health care |
| 12 | | benefits shall not be included. |
| 13 | | (f) This amendatory Act of the 94th General Assembly does |
| 14 | | not affect or impair the right of any contributing employer or |
| 15 | | its employees to collectively bargain the amount or level of |
| 16 | | employee contributions to an affected pension plan, to the |
| 17 | | extent that the plan includes employees subject to collective |
| 18 | | bargaining. |
| 19 | | (g) Any individual who, on or after August 19, 2011 (the |
| 20 | | effective date of Public Act 97-442), first becomes a |
| 21 | | participant of an affected pension plan shall not be paid any |
| 22 | | of the benefits provided under this Code if he or she is |
| 23 | | convicted of a felony relating to, arising out of, or in |
| 24 | | connection with his or her service as a participant. |
| 25 | | This subsection shall not operate to impair any contract |
| 26 | | or vested right acquired before August 19, 2011 (the effective |
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| 1 | | date of Public Act 97-442) under any law or laws continued in |
| 2 | | this Code, and it shall not preclude the right to refund. |
| 3 | | (h) Notwithstanding any other provision of this Article or |
| 4 | | any law to the contrary, a person who, on or after January 1, |
| 5 | | 2012 (the effective date of Public Act 97-609), first becomes |
| 6 | | a director on the Suburban Bus Board, the Commuter Rail Board, |
| 7 | | or the Board of Directors of the Northern Illinois Transit |
| 8 | | Regional Transportation Authority shall not be eligible to |
| 9 | | participate in an affected pension plan. |
| 10 | | (Source: P.A. 97-442, eff. 8-19-11; 97-609, eff. 1-1-12; |
| 11 | | 97-813, eff. 7-13-12.)
|
| 12 | | (40 ILCS 5/22-105) |
| 13 | | Sec. 22-105. Application to Northern Illinois Transit |
| 14 | | Regional Transportation Authority Board members. This Code |
| 15 | | does not apply to any individual who first becomes a member of |
| 16 | | the Northern Illinois Transit Regional Transportation |
| 17 | | Authority Board on or after the effective date of this |
| 18 | | amendatory Act of the 98th General Assembly with respect to |
| 19 | | service on that Board. |
| 20 | | (Source: P.A. 98-108, eff. 7-23-13.)
|
| 21 | | Section 15-135. The Illinois Municipal Budget Law is |
| 22 | | amended by changing Section 2 as follows:
|
| 23 | | (50 ILCS 330/2) (from Ch. 85, par. 802) |
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| 1 | | Sec. 2. The following terms, unless the context otherwise |
| 2 | | indicates, have the following meaning: |
| 3 | | (1) "Municipality" means and includes all municipal |
| 4 | | corporations and political subdivisions of this State, or any |
| 5 | | such unit or body hereafter created by authority of law, |
| 6 | | except the following: (a) The State of Illinois; (b) counties; |
| 7 | | (c) cities, villages and incorporated towns; (d) sanitary |
| 8 | | districts created under "An Act to create sanitary districts |
| 9 | | and to remove obstructions in the Des Plaines and Illinois |
| 10 | | Rivers", approved May 29, 1889, as amended; (e) forest |
| 11 | | preserve districts having a population of 500,000 or more, |
| 12 | | created under "An Act to provide for the creation and |
| 13 | | management of forest preserve districts and repealing certain |
| 14 | | Acts therein named", approved June 27, 1913, as amended; (f) |
| 15 | | school districts; (g) the Chicago Park District created under |
| 16 | | "An Act in relation to the creation, maintenance, operation |
| 17 | | and improvement of the Chicago Park District", approved, June |
| 18 | | 10, 1933, as amended; (h) park districts created under "The |
| 19 | | Park District Code", approved July 8, 1947, as amended; (i) |
| 20 | | the Northern Illinois Transit Regional Transportation |
| 21 | | Authority created under the "Northern Illinois Transit |
| 22 | | Regional Transportation Authority Act", enacted by the 78th |
| 23 | | General Assembly; and (j) the Illinois Sports Facilities |
| 24 | | Authority. |
| 25 | | (2) "Governing body" means the corporate authorities, |
| 26 | | body, or other officer of the municipality authorized by law |
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| 1 | | to raise revenue, appropriate funds, or levy taxes for the |
| 2 | | operation and maintenance thereof. |
| 3 | | (3) "Department" means the Department of Commerce and |
| 4 | | Economic Opportunity. |
| 5 | | (Source: P.A. 94-793, eff. 5-19-06.)
|
| 6 | | Section 15-140. The Counties Code is amended by changing |
| 7 | | Section 6-34000 as follows:
|
| 8 | | (55 ILCS 5/6-34000) |
| 9 | | Sec. 6-34000. Report on funds received under the Northern |
| 10 | | Illinois Transit Regional Transportation Authority Act. If the |
| 11 | | Board of the Northern Illinois Transit Regional Transportation |
| 12 | | Authority adopts an ordinance under Section 4.03 of the |
| 13 | | Northern Illinois Transit Regional Transportation Authority |
| 14 | | Act imposing a retailers' occupation tax and a service |
| 15 | | occupation tax at the rate of 0.75% in the counties of DuPage, |
| 16 | | Kane, Lake, McHenry, and Will, then the County Boards of |
| 17 | | DuPage, Kane, Lake, McHenry, and Will counties shall each |
| 18 | | report to the General Assembly and the Commission on |
| 19 | | Government Forecasting and Accountability by March 1 of the |
| 20 | | year following the adoption of the ordinance and March 1 of |
| 21 | | each year thereafter. That report shall include the total |
| 22 | | amounts received by the County under subsection (n) of Section |
| 23 | | 4.03 of the Northern Illinois Transit Regional Transportation |
| 24 | | Authority Act and the expenditures and obligations of the |
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| 1 | | County using those funds during the previous calendar year. |
| 2 | | (Source: P.A. 95-906, eff. 8-26-08.)
|
| 3 | | Section 15-145. The Illinois Municipal Code is amended by |
| 4 | | changing Section 11-74.4-3, the heading of Division 122.2 of |
| 5 | | Article 11, and Section 11-122.2-1 as follows:
|
| 6 | | (65 ILCS 5/11-74.4-3) (from Ch. 24, par. 11-74.4-3) |
| 7 | | Sec. 11-74.4-3. Definitions. The following terms, wherever |
| 8 | | used or referred to in this Division 74.4 shall have the |
| 9 | | following respective meanings, unless in any case a different |
| 10 | | meaning clearly appears from the context. |
| 11 | | (a) For any redevelopment project area that has been |
| 12 | | designated pursuant to this Section by an ordinance adopted |
| 13 | | prior to November 1, 1999 (the effective date of Public Act |
| 14 | | 91-478), "blighted area" shall have the meaning set forth in |
| 15 | | this Section prior to that date. |
| 16 | | On and after November 1, 1999, "blighted area" means any |
| 17 | | improved or vacant area within the boundaries of a |
| 18 | | redevelopment project area located within the territorial |
| 19 | | limits of the municipality where: |
| 20 | | (1) If improved, industrial, commercial, and |
| 21 | | residential buildings or improvements are detrimental to |
| 22 | | the public safety, health, or welfare because of a |
| 23 | | combination of 5 or more of the following factors, each of |
| 24 | | which is (i) present, with that presence documented, to a |
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| 1 | | meaningful extent so that a municipality may reasonably |
| 2 | | find that the factor is clearly present within the intent |
| 3 | | of the Act and (ii) reasonably distributed throughout the |
| 4 | | improved part of the redevelopment project area: |
| 5 | | (A) Dilapidation. An advanced state of disrepair |
| 6 | | or neglect of necessary repairs to the primary |
| 7 | | structural components of buildings or improvements in |
| 8 | | such a combination that a documented building |
| 9 | | condition analysis determines that major repair is |
| 10 | | required or the defects are so serious and so |
| 11 | | extensive that the buildings must be removed. |
| 12 | | (B) Obsolescence. The condition or process of |
| 13 | | falling into disuse. Structures have become ill-suited |
| 14 | | for the original use. |
| 15 | | (C) Deterioration. With respect to buildings, |
| 16 | | defects including, but not limited to, major defects |
| 17 | | in the secondary building components such as doors, |
| 18 | | windows, porches, gutters and downspouts, and fascia. |
| 19 | | With respect to surface improvements, that the |
| 20 | | condition of roadways, alleys, curbs, gutters, |
| 21 | | sidewalks, off-street parking, and surface storage |
| 22 | | areas evidence deterioration, including, but not |
| 23 | | limited to, surface cracking, crumbling, potholes, |
| 24 | | depressions, loose paving material, and weeds |
| 25 | | protruding through paved surfaces. |
| 26 | | (D) Presence of structures below minimum code |
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| 1 | | standards. All structures that do not meet the |
| 2 | | standards of zoning, subdivision, building, fire, and |
| 3 | | other governmental codes applicable to property, but |
| 4 | | not including housing and property maintenance codes. |
| 5 | | (E) Illegal use of individual structures. The use |
| 6 | | of structures in violation of applicable federal, |
| 7 | | State, or local laws, exclusive of those applicable to |
| 8 | | the presence of structures below minimum code |
| 9 | | standards. |
| 10 | | (F) Excessive vacancies. The presence of buildings |
| 11 | | that are unoccupied or under-utilized and that |
| 12 | | represent an adverse influence on the area because of |
| 13 | | the frequency, extent, or duration of the vacancies. |
| 14 | | (G) Lack of ventilation, light, or sanitary |
| 15 | | facilities. The absence of adequate ventilation for |
| 16 | | light or air circulation in spaces or rooms without |
| 17 | | windows, or that require the removal of dust, odor, |
| 18 | | gas, smoke, or other noxious airborne materials. |
| 19 | | Inadequate natural light and ventilation means the |
| 20 | | absence of skylights or windows for interior spaces or |
| 21 | | rooms and improper window sizes and amounts by room |
| 22 | | area to window area ratios. Inadequate sanitary |
| 23 | | facilities refers to the absence or inadequacy of |
| 24 | | garbage storage and enclosure, bathroom facilities, |
| 25 | | hot water and kitchens, and structural inadequacies |
| 26 | | preventing ingress and egress to and from all rooms |
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| 1 | | and units within a building. |
| 2 | | (H) Inadequate utilities. Underground and overhead |
| 3 | | utilities such as storm sewers and storm drainage, |
| 4 | | sanitary sewers, water lines, and gas, telephone, and |
| 5 | | electrical services that are shown to be inadequate. |
| 6 | | Inadequate utilities are those that are: (i) of |
| 7 | | insufficient capacity to serve the uses in the |
| 8 | | redevelopment project area, (ii) deteriorated, |
| 9 | | antiquated, obsolete, or in disrepair, or (iii) |
| 10 | | lacking within the redevelopment project area. |
| 11 | | (I) Excessive land coverage and overcrowding of |
| 12 | | structures and community facilities. The |
| 13 | | over-intensive use of property and the crowding of |
| 14 | | buildings and accessory facilities onto a site. |
| 15 | | Examples of problem conditions warranting the |
| 16 | | designation of an area as one exhibiting excessive |
| 17 | | land coverage are: (i) the presence of buildings |
| 18 | | either improperly situated on parcels or located on |
| 19 | | parcels of inadequate size and shape in relation to |
| 20 | | present-day standards of development for health and |
| 21 | | safety and (ii) the presence of multiple buildings on |
| 22 | | a single parcel. For there to be a finding of excessive |
| 23 | | land coverage, these parcels must exhibit one or more |
| 24 | | of the following conditions: insufficient provision |
| 25 | | for light and air within or around buildings, |
| 26 | | increased threat of spread of fire due to the close |
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| 1 | | proximity of buildings, lack of adequate or proper |
| 2 | | access to a public right-of-way, lack of reasonably |
| 3 | | required off-street parking, or inadequate provision |
| 4 | | for loading and service. |
| 5 | | (J) Deleterious land use or layout. The existence |
| 6 | | of incompatible land-use relationships, buildings |
| 7 | | occupied by inappropriate mixed-uses, or uses |
| 8 | | considered to be noxious, offensive, or unsuitable for |
| 9 | | the surrounding area. |
| 10 | | (K) Environmental clean-up. The proposed |
| 11 | | redevelopment project area has incurred Illinois |
| 12 | | Environmental Protection Agency or United States |
| 13 | | Environmental Protection Agency remediation costs for, |
| 14 | | or a study conducted by an independent consultant |
| 15 | | recognized as having expertise in environmental |
| 16 | | remediation has determined a need for, the clean-up of |
| 17 | | hazardous waste, hazardous substances, or underground |
| 18 | | storage tanks required by State or federal law, |
| 19 | | provided that the remediation costs constitute a |
| 20 | | material impediment to the development or |
| 21 | | redevelopment of the redevelopment project area. |
| 22 | | (L) Lack of community planning. The proposed |
| 23 | | redevelopment project area was developed prior to or |
| 24 | | without the benefit or guidance of a community plan. |
| 25 | | This means that the development occurred prior to the |
| 26 | | adoption by the municipality of a comprehensive or |
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| 1 | | other community plan or that the plan was not followed |
| 2 | | at the time of the area's development. This factor |
| 3 | | must be documented by evidence of adverse or |
| 4 | | incompatible land-use relationships, inadequate street |
| 5 | | layout, improper subdivision, parcels of inadequate |
| 6 | | shape and size to meet contemporary development |
| 7 | | standards, or other evidence demonstrating an absence |
| 8 | | of effective community planning. |
| 9 | | (M) The total equalized assessed value of the |
| 10 | | proposed redevelopment project area has declined for 3 |
| 11 | | of the last 5 calendar years prior to the year in which |
| 12 | | the redevelopment project area is designated or is |
| 13 | | increasing at an annual rate that is less than the |
| 14 | | balance of the municipality for 3 of the last 5 |
| 15 | | calendar years for which information is available or |
| 16 | | is increasing at an annual rate that is less than the |
| 17 | | Consumer Price Index for All Urban Consumers published |
| 18 | | by the United States Department of Labor or successor |
| 19 | | agency for 3 of the last 5 calendar years prior to the |
| 20 | | year in which the redevelopment project area is |
| 21 | | designated. |
| 22 | | (2) If vacant, the sound growth of the redevelopment |
| 23 | | project area is impaired by a combination of 2 or more of |
| 24 | | the following factors, each of which is (i) present, with |
| 25 | | that presence documented, to a meaningful extent so that a |
| 26 | | municipality may reasonably find that the factor is |
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| 1 | | clearly present within the intent of the Act and (ii) |
| 2 | | reasonably distributed throughout the vacant part of the |
| 3 | | redevelopment project area to which it pertains: |
| 4 | | (A) Obsolete platting of vacant land that results |
| 5 | | in parcels of limited or narrow size or configurations |
| 6 | | of parcels of irregular size or shape that would be |
| 7 | | difficult to develop on a planned basis and in a manner |
| 8 | | compatible with contemporary standards and |
| 9 | | requirements, or platting that failed to create |
| 10 | | rights-of-way rights-of-ways for streets or alleys or |
| 11 | | that created inadequate right-of-way widths for |
| 12 | | streets, alleys, or other public rights-of-way or that |
| 13 | | omitted easements for public utilities. |
| 14 | | (B) Diversity of ownership of parcels of vacant |
| 15 | | land sufficient in number to retard or impede the |
| 16 | | ability to assemble the land for development. |
| 17 | | (C) Tax and special assessment delinquencies exist |
| 18 | | or the property has been the subject of tax sales under |
| 19 | | the Property Tax Code within the last 5 years. |
| 20 | | (D) Deterioration of structures or site |
| 21 | | improvements in neighboring areas adjacent to the |
| 22 | | vacant land. |
| 23 | | (E) The area has incurred Illinois Environmental |
| 24 | | Protection Agency or United States Environmental |
| 25 | | Protection Agency remediation costs for, or a study |
| 26 | | conducted by an independent consultant recognized as |
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| 1 | | having expertise in environmental remediation has |
| 2 | | determined a need for, the clean-up of hazardous |
| 3 | | waste, hazardous substances, or underground storage |
| 4 | | tanks required by State or federal law, provided that |
| 5 | | the remediation costs constitute a material impediment |
| 6 | | to the development or redevelopment of the |
| 7 | | redevelopment project area. |
| 8 | | (F) The total equalized assessed value of the |
| 9 | | proposed redevelopment project area has declined for 3 |
| 10 | | of the last 5 calendar years prior to the year in which |
| 11 | | the redevelopment project area is designated or is |
| 12 | | increasing at an annual rate that is less than the |
| 13 | | balance of the municipality for 3 of the last 5 |
| 14 | | calendar years for which information is available or |
| 15 | | is increasing at an annual rate that is less than the |
| 16 | | Consumer Price Index for All Urban Consumers published |
| 17 | | by the United States Department of Labor or successor |
| 18 | | agency for 3 of the last 5 calendar years prior to the |
| 19 | | year in which the redevelopment project area is |
| 20 | | designated. |
| 21 | | (3) If vacant, the sound growth of the redevelopment |
| 22 | | project area is impaired by one of the following factors |
| 23 | | that (i) is present, with that presence documented, to a |
| 24 | | meaningful extent so that a municipality may reasonably |
| 25 | | find that the factor is clearly present within the intent |
| 26 | | of the Act and (ii) is reasonably distributed throughout |
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| 1 | | the vacant part of the redevelopment project area to which |
| 2 | | it pertains: |
| 3 | | (A) The area consists of one or more unused |
| 4 | | quarries, mines, or strip mine ponds. |
| 5 | | (B) The area consists of unused rail yards, rail |
| 6 | | tracks, or railroad rights-of-way. |
| 7 | | (C) The area, prior to its designation, is subject |
| 8 | | to (i) chronic flooding that adversely impacts on real |
| 9 | | property in the area as certified by a registered |
| 10 | | professional engineer or appropriate regulatory agency |
| 11 | | or (ii) surface water that discharges from all or a |
| 12 | | part of the area and contributes to flooding within |
| 13 | | the same watershed, but only if the redevelopment |
| 14 | | project provides for facilities or improvements to |
| 15 | | contribute to the alleviation of all or part of the |
| 16 | | flooding. |
| 17 | | (D) The area consists of an unused or illegal |
| 18 | | disposal site containing earth, stone, building |
| 19 | | debris, or similar materials that were removed from |
| 20 | | construction, demolition, excavation, or dredge sites. |
| 21 | | (E) Prior to November 1, 1999, the area is not less |
| 22 | | than 50 nor more than 100 acres and 75% of which is |
| 23 | | vacant (notwithstanding that the area has been used |
| 24 | | for commercial agricultural purposes within 5 years |
| 25 | | prior to the designation of the redevelopment project |
| 26 | | area), and the area meets at least one of the factors |
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| 1 | | itemized in paragraph (1) of this subsection, the area |
| 2 | | has been designated as a town or village center by |
| 3 | | ordinance or comprehensive plan adopted prior to |
| 4 | | January 1, 1982, and the area has not been developed |
| 5 | | for that designated purpose. |
| 6 | | (F) The area qualified as a blighted improved area |
| 7 | | immediately prior to becoming vacant, unless there has |
| 8 | | been substantial private investment in the immediately |
| 9 | | surrounding area. |
| 10 | | (b) For any redevelopment project area that has been |
| 11 | | designated pursuant to this Section by an ordinance adopted |
| 12 | | prior to November 1, 1999 (the effective date of Public Act |
| 13 | | 91-478), "conservation area" shall have the meaning set forth |
| 14 | | in this Section prior to that date. |
| 15 | | On and after November 1, 1999, "conservation area" means |
| 16 | | any improved area within the boundaries of a redevelopment |
| 17 | | project area located within the territorial limits of the |
| 18 | | municipality in which 50% or more of the structures in the area |
| 19 | | have an age of 35 years or more. Such an area is not yet a |
| 20 | | blighted area but because of a combination of 3 or more of the |
| 21 | | following factors is detrimental to the public safety, health, |
| 22 | | morals or welfare and such an area may become a blighted area: |
| 23 | | (1) Dilapidation. An advanced state of disrepair or |
| 24 | | neglect of necessary repairs to the primary structural |
| 25 | | components of buildings or improvements in such a |
| 26 | | combination that a documented building condition analysis |
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| 1 | | determines that major repair is required or the defects |
| 2 | | are so serious and so extensive that the buildings must be |
| 3 | | removed. |
| 4 | | (2) Obsolescence. The condition or process of falling |
| 5 | | into disuse. Structures have become ill-suited for the |
| 6 | | original use. |
| 7 | | (3) Deterioration. With respect to buildings, defects |
| 8 | | including, but not limited to, major defects in the |
| 9 | | secondary building components such as doors, windows, |
| 10 | | porches, gutters and downspouts, and fascia. With respect |
| 11 | | to surface improvements, that the condition of roadways, |
| 12 | | alleys, curbs, gutters, sidewalks, off-street parking, and |
| 13 | | surface storage areas evidence deterioration, including, |
| 14 | | but not limited to, surface cracking, crumbling, potholes, |
| 15 | | depressions, loose paving material, and weeds protruding |
| 16 | | through paved surfaces. |
| 17 | | (4) Presence of structures below minimum code |
| 18 | | standards. All structures that do not meet the standards |
| 19 | | of zoning, subdivision, building, fire, and other |
| 20 | | governmental codes applicable to property, but not |
| 21 | | including housing and property maintenance codes. |
| 22 | | (5) Illegal use of individual structures. The use of |
| 23 | | structures in violation of applicable federal, State, or |
| 24 | | local laws, exclusive of those applicable to the presence |
| 25 | | of structures below minimum code standards. |
| 26 | | (6) Excessive vacancies. The presence of buildings |
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| 1 | | that are unoccupied or under-utilized and that represent |
| 2 | | an adverse influence on the area because of the frequency, |
| 3 | | extent, or duration of the vacancies. |
| 4 | | (7) Lack of ventilation, light, or sanitary |
| 5 | | facilities. The absence of adequate ventilation for light |
| 6 | | or air circulation in spaces or rooms without windows, or |
| 7 | | that require the removal of dust, odor, gas, smoke, or |
| 8 | | other noxious airborne materials. Inadequate natural light |
| 9 | | and ventilation means the absence or inadequacy of |
| 10 | | skylights or windows for interior spaces or rooms and |
| 11 | | improper window sizes and amounts by room area to window |
| 12 | | area ratios. Inadequate sanitary facilities refers to the |
| 13 | | absence or inadequacy of garbage storage and enclosure, |
| 14 | | bathroom facilities, hot water and kitchens, and |
| 15 | | structural inadequacies preventing ingress and egress to |
| 16 | | and from all rooms and units within a building. |
| 17 | | (8) Inadequate utilities. Underground and overhead |
| 18 | | utilities such as storm sewers and storm drainage, |
| 19 | | sanitary sewers, water lines, and gas, telephone, and |
| 20 | | electrical services that are shown to be inadequate. |
| 21 | | Inadequate utilities are those that are: (i) of |
| 22 | | insufficient capacity to serve the uses in the |
| 23 | | redevelopment project area, (ii) deteriorated, antiquated, |
| 24 | | obsolete, or in disrepair, or (iii) lacking within the |
| 25 | | redevelopment project area. |
| 26 | | (9) Excessive land coverage and overcrowding of |
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| 1 | | structures and community facilities. The over-intensive |
| 2 | | use of property and the crowding of buildings and |
| 3 | | accessory facilities onto a site. Examples of problem |
| 4 | | conditions warranting the designation of an area as one |
| 5 | | exhibiting excessive land coverage are: the presence of |
| 6 | | buildings either improperly situated on parcels or located |
| 7 | | on parcels of inadequate size and shape in relation to |
| 8 | | present-day standards of development for health and safety |
| 9 | | and the presence of multiple buildings on a single parcel. |
| 10 | | For there to be a finding of excessive land coverage, |
| 11 | | these parcels must exhibit one or more of the following |
| 12 | | conditions: insufficient provision for light and air |
| 13 | | within or around buildings, increased threat of spread of |
| 14 | | fire due to the close proximity of buildings, lack of |
| 15 | | adequate or proper access to a public right-of-way, lack |
| 16 | | of reasonably required off-street parking, or inadequate |
| 17 | | provision for loading and service. |
| 18 | | (10) Deleterious land use or layout. The existence of |
| 19 | | incompatible land-use relationships, buildings occupied by |
| 20 | | inappropriate mixed-uses, or uses considered to be |
| 21 | | noxious, offensive, or unsuitable for the surrounding |
| 22 | | area. |
| 23 | | (11) Lack of community planning. The proposed |
| 24 | | redevelopment project area was developed prior to or |
| 25 | | without the benefit or guidance of a community plan. This |
| 26 | | means that the development occurred prior to the adoption |
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| 1 | | by the municipality of a comprehensive or other community |
| 2 | | plan or that the plan was not followed at the time of the |
| 3 | | area's development. This factor must be documented by |
| 4 | | evidence of adverse or incompatible land-use |
| 5 | | relationships, inadequate street layout, improper |
| 6 | | subdivision, parcels of inadequate shape and size to meet |
| 7 | | contemporary development standards, or other evidence |
| 8 | | demonstrating an absence of effective community planning. |
| 9 | | (12) The area has incurred Illinois Environmental |
| 10 | | Protection Agency or United States Environmental |
| 11 | | Protection Agency remediation costs for, or a study |
| 12 | | conducted by an independent consultant recognized as |
| 13 | | having expertise in environmental remediation has |
| 14 | | determined a need for, the clean-up of hazardous waste, |
| 15 | | hazardous substances, or underground storage tanks |
| 16 | | required by State or federal law, provided that the |
| 17 | | remediation costs constitute a material impediment to the |
| 18 | | development or redevelopment of the redevelopment project |
| 19 | | area. |
| 20 | | (13) The total equalized assessed value of the |
| 21 | | proposed redevelopment project area has declined for 3 of |
| 22 | | the last 5 calendar years for which information is |
| 23 | | available or is increasing at an annual rate that is less |
| 24 | | than the balance of the municipality for 3 of the last 5 |
| 25 | | calendar years for which information is available or is |
| 26 | | increasing at an annual rate that is less than the |
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| 1 | | Consumer Price Index for All Urban Consumers published by |
| 2 | | the United States Department of Labor or successor agency |
| 3 | | for 3 of the last 5 calendar years for which information is |
| 4 | | available. |
| 5 | | (c) "Industrial park" means an area in a blighted or |
| 6 | | conservation area suitable for use by any manufacturing, |
| 7 | | industrial, research or transportation enterprise, of |
| 8 | | facilities to include but not be limited to factories, mills, |
| 9 | | processing plants, assembly plants, packing plants, |
| 10 | | fabricating plants, industrial distribution centers, |
| 11 | | warehouses, repair overhaul or service facilities, freight |
| 12 | | terminals, research facilities, test facilities or railroad |
| 13 | | facilities. |
| 14 | | (d) "Industrial park conservation area" means an area |
| 15 | | within the boundaries of a redevelopment project area located |
| 16 | | within the territorial limits of a municipality that is a |
| 17 | | labor surplus municipality or within 1 1/2 miles of the |
| 18 | | territorial limits of a municipality that is a labor surplus |
| 19 | | municipality if the area is annexed to the municipality; which |
| 20 | | area is zoned as industrial no later than at the time the |
| 21 | | municipality by ordinance designates the redevelopment project |
| 22 | | area, and which area includes both vacant land suitable for |
| 23 | | use as an industrial park and a blighted area or conservation |
| 24 | | area contiguous to such vacant land. |
| 25 | | (e) "Labor surplus municipality" means a municipality in |
| 26 | | which, at any time during the 6 months before the municipality |
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| 1 | | by ordinance designates an industrial park conservation area, |
| 2 | | the unemployment rate was over 6% and was also 100% or more of |
| 3 | | the national average unemployment rate for that same time as |
| 4 | | published in the United States Department of Labor Bureau of |
| 5 | | Labor Statistics publication entitled "The Employment |
| 6 | | Situation" or its successor publication. For the purpose of |
| 7 | | this subsection, if unemployment rate statistics for the |
| 8 | | municipality are not available, the unemployment rate in the |
| 9 | | municipality shall be deemed to be the same as the |
| 10 | | unemployment rate in the principal county in which the |
| 11 | | municipality is located. |
| 12 | | (f) "Municipality" shall mean a city, village, |
| 13 | | incorporated town, or a township that is located in the |
| 14 | | unincorporated portion of a county with 3 million or more |
| 15 | | inhabitants, if the county adopted an ordinance that approved |
| 16 | | the township's redevelopment plan. |
| 17 | | (g) "Initial Sales Tax Amounts" means the amount of taxes |
| 18 | | paid under the Retailers' Occupation Tax Act, Use Tax Act, |
| 19 | | Service Use Tax Act, the Service Occupation Tax Act, the |
| 20 | | Municipal Retailers' Occupation Tax Act, and the Municipal |
| 21 | | Service Occupation Tax Act by retailers and servicemen on |
| 22 | | transactions at places located in a State Sales Tax Boundary |
| 23 | | during the calendar year 1985. |
| 24 | | (g-1) "Revised Initial Sales Tax Amounts" means the amount |
| 25 | | of taxes paid under the Retailers' Occupation Tax Act, Use Tax |
| 26 | | Act, Service Use Tax Act, the Service Occupation Tax Act, the |
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| 1 | | Municipal Retailers' Occupation Tax Act, and the Municipal |
| 2 | | Service Occupation Tax Act by retailers and servicemen on |
| 3 | | transactions at places located within the State Sales Tax |
| 4 | | Boundary revised pursuant to Section 11-74.4-8a(9) of this |
| 5 | | Act. |
| 6 | | (h) "Municipal Sales Tax Increment" means an amount equal |
| 7 | | to the increase in the aggregate amount of taxes paid to a |
| 8 | | municipality from the Local Government Tax Fund arising from |
| 9 | | sales by retailers and servicemen within the redevelopment |
| 10 | | project area or State Sales Tax Boundary, as the case may be, |
| 11 | | for as long as the redevelopment project area or State Sales |
| 12 | | Tax Boundary, as the case may be, exist over and above the |
| 13 | | aggregate amount of taxes as certified by the Illinois |
| 14 | | Department of Revenue and paid under the Municipal Retailers' |
| 15 | | Occupation Tax Act and the Municipal Service Occupation Tax |
| 16 | | Act by retailers and servicemen, on transactions at places of |
| 17 | | business located in the redevelopment project area or State |
| 18 | | Sales Tax Boundary, as the case may be, during the base year |
| 19 | | which shall be the calendar year immediately prior to the year |
| 20 | | in which the municipality adopted tax increment allocation |
| 21 | | financing. For purposes of computing the aggregate amount of |
| 22 | | such taxes for base years occurring prior to 1985, the |
| 23 | | Department of Revenue shall determine the Initial Sales Tax |
| 24 | | Amounts for such taxes and deduct therefrom an amount equal to |
| 25 | | 4% of the aggregate amount of taxes per year for each year the |
| 26 | | base year is prior to 1985, but not to exceed a total deduction |
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| 1 | | of 12%. The amount so determined shall be known as the |
| 2 | | "Adjusted Initial Sales Tax Amounts". For purposes of |
| 3 | | determining the Municipal Sales Tax Increment, the Department |
| 4 | | of Revenue shall for each period subtract from the amount paid |
| 5 | | to the municipality from the Local Government Tax Fund arising |
| 6 | | from sales by retailers and servicemen on transactions located |
| 7 | | in the redevelopment project area or the State Sales Tax |
| 8 | | Boundary, as the case may be, the certified Initial Sales Tax |
| 9 | | Amounts, the Adjusted Initial Sales Tax Amounts or the Revised |
| 10 | | Initial Sales Tax Amounts for the Municipal Retailers' |
| 11 | | Occupation Tax Act and the Municipal Service Occupation Tax |
| 12 | | Act. For the State Fiscal Year 1989, this calculation shall be |
| 13 | | made by utilizing the calendar year 1987 to determine the tax |
| 14 | | amounts received. For the State Fiscal Year 1990, this |
| 15 | | calculation shall be made by utilizing the period from January |
| 16 | | 1, 1988, until September 30, 1988, to determine the tax |
| 17 | | amounts received from retailers and servicemen pursuant to the |
| 18 | | Municipal Retailers' Occupation Tax and the Municipal Service |
| 19 | | Occupation Tax Act, which shall have deducted therefrom |
| 20 | | nine-twelfths of the certified Initial Sales Tax Amounts, the |
| 21 | | Adjusted Initial Sales Tax Amounts or the Revised Initial |
| 22 | | Sales Tax Amounts as appropriate. For the State Fiscal Year |
| 23 | | 1991, this calculation shall be made by utilizing the period |
| 24 | | from October 1, 1988, to June 30, 1989, to determine the tax |
| 25 | | amounts received from retailers and servicemen pursuant to the |
| 26 | | Municipal Retailers' Occupation Tax and the Municipal Service |
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| 1 | | Occupation Tax Act which shall have deducted therefrom |
| 2 | | nine-twelfths of the certified Initial Sales Tax Amounts, |
| 3 | | Adjusted Initial Sales Tax Amounts or the Revised Initial |
| 4 | | Sales Tax Amounts as appropriate. For every State Fiscal Year |
| 5 | | thereafter, the applicable period shall be the 12 months |
| 6 | | beginning July 1 and ending June 30 to determine the tax |
| 7 | | amounts received which shall have deducted therefrom the |
| 8 | | certified Initial Sales Tax Amounts, the Adjusted Initial |
| 9 | | Sales Tax Amounts or the Revised Initial Sales Tax Amounts, as |
| 10 | | the case may be. |
| 11 | | (i) "Net State Sales Tax Increment" means the sum of the |
| 12 | | following: (a) 80% of the first $100,000 of State Sales Tax |
| 13 | | Increment annually generated within a State Sales Tax |
| 14 | | Boundary; (b) 60% of the amount in excess of $100,000 but not |
| 15 | | exceeding $500,000 of State Sales Tax Increment annually |
| 16 | | generated within a State Sales Tax Boundary; and (c) 40% of all |
| 17 | | amounts in excess of $500,000 of State Sales Tax Increment |
| 18 | | annually generated within a State Sales Tax Boundary. If, |
| 19 | | however, a municipality established a tax increment financing |
| 20 | | district in a county with a population in excess of 3,000,000 |
| 21 | | before January 1, 1986, and the municipality entered into a |
| 22 | | contract or issued bonds after January 1, 1986, but before |
| 23 | | December 31, 1986, to finance redevelopment project costs |
| 24 | | within a State Sales Tax Boundary, then the Net State Sales Tax |
| 25 | | Increment means, for the fiscal years beginning July 1, 1990, |
| 26 | | and July 1, 1991, 100% of the State Sales Tax Increment |
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| 1 | | annually generated within a State Sales Tax Boundary; and |
| 2 | | notwithstanding any other provision of this Act, for those |
| 3 | | fiscal years the Department of Revenue shall distribute to |
| 4 | | those municipalities 100% of their Net State Sales Tax |
| 5 | | Increment before any distribution to any other municipality |
| 6 | | and regardless of whether or not those other municipalities |
| 7 | | will receive 100% of their Net State Sales Tax Increment. For |
| 8 | | Fiscal Year 1999, and every year thereafter until the year |
| 9 | | 2007, for any municipality that has not entered into a |
| 10 | | contract or has not issued bonds prior to June 1, 1988 to |
| 11 | | finance redevelopment project costs within a State Sales Tax |
| 12 | | Boundary, the Net State Sales Tax Increment shall be |
| 13 | | calculated as follows: By multiplying the Net State Sales Tax |
| 14 | | Increment by 90% in the State Fiscal Year 1999; 80% in the |
| 15 | | State Fiscal Year 2000; 70% in the State Fiscal Year 2001; 60% |
| 16 | | in the State Fiscal Year 2002; 50% in the State Fiscal Year |
| 17 | | 2003; 40% in the State Fiscal Year 2004; 30% in the State |
| 18 | | Fiscal Year 2005; 20% in the State Fiscal Year 2006; and 10% in |
| 19 | | the State Fiscal Year 2007. No payment shall be made for State |
| 20 | | Fiscal Year 2008 and thereafter. |
| 21 | | Municipalities that issued bonds in connection with a |
| 22 | | redevelopment project in a redevelopment project area within |
| 23 | | the State Sales Tax Boundary prior to July 29, 1991, or that |
| 24 | | entered into contracts in connection with a redevelopment |
| 25 | | project in a redevelopment project area before June 1, 1988, |
| 26 | | shall continue to receive their proportional share of the |
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| 1 | | Illinois Tax Increment Fund distribution until the date on |
| 2 | | which the redevelopment project is completed or terminated. |
| 3 | | If, however, a municipality that issued bonds in connection |
| 4 | | with a redevelopment project in a redevelopment project area |
| 5 | | within the State Sales Tax Boundary prior to July 29, 1991 |
| 6 | | retires the bonds prior to June 30, 2007 or a municipality that |
| 7 | | entered into contracts in connection with a redevelopment |
| 8 | | project in a redevelopment project area before June 1, 1988 |
| 9 | | completes the contracts prior to June 30, 2007, then so long as |
| 10 | | the redevelopment project is not completed or is not |
| 11 | | terminated, the Net State Sales Tax Increment shall be |
| 12 | | calculated, beginning on the date on which the bonds are |
| 13 | | retired or the contracts are completed, as follows: By |
| 14 | | multiplying the Net State Sales Tax Increment by 60% in the |
| 15 | | State Fiscal Year 2002; 50% in the State Fiscal Year 2003; 40% |
| 16 | | in the State Fiscal Year 2004; 30% in the State Fiscal Year |
| 17 | | 2005; 20% in the State Fiscal Year 2006; and 10% in the State |
| 18 | | Fiscal Year 2007. No payment shall be made for State Fiscal |
| 19 | | Year 2008 and thereafter. Refunding of any bonds issued prior |
| 20 | | to July 29, 1991, shall not alter the Net State Sales Tax |
| 21 | | Increment. |
| 22 | | (j) "State Utility Tax Increment Amount" means an amount |
| 23 | | equal to the aggregate increase in State electric and gas tax |
| 24 | | charges imposed on owners and tenants, other than residential |
| 25 | | customers, of properties located within the redevelopment |
| 26 | | project area under Section 9-222 of the Public Utilities Act, |
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| 1 | | over and above the aggregate of such charges as certified by |
| 2 | | the Department of Revenue and paid by owners and tenants, |
| 3 | | other than residential customers, of properties within the |
| 4 | | redevelopment project area during the base year, which shall |
| 5 | | be the calendar year immediately prior to the year of the |
| 6 | | adoption of the ordinance authorizing tax increment allocation |
| 7 | | financing. |
| 8 | | (k) "Net State Utility Tax Increment" means the sum of the |
| 9 | | following: (a) 80% of the first $100,000 of State Utility Tax |
| 10 | | Increment annually generated by a redevelopment project area; |
| 11 | | (b) 60% of the amount in excess of $100,000 but not exceeding |
| 12 | | $500,000 of the State Utility Tax Increment annually generated |
| 13 | | by a redevelopment project area; and (c) 40% of all amounts in |
| 14 | | excess of $500,000 of State Utility Tax Increment annually |
| 15 | | generated by a redevelopment project area. For the State |
| 16 | | Fiscal Year 1999, and every year thereafter until the year |
| 17 | | 2007, for any municipality that has not entered into a |
| 18 | | contract or has not issued bonds prior to June 1, 1988 to |
| 19 | | finance redevelopment project costs within a redevelopment |
| 20 | | project area, the Net State Utility Tax Increment shall be |
| 21 | | calculated as follows: By multiplying the Net State Utility |
| 22 | | Tax Increment by 90% in the State Fiscal Year 1999; 80% in the |
| 23 | | State Fiscal Year 2000; 70% in the State Fiscal Year 2001; 60% |
| 24 | | in the State Fiscal Year 2002; 50% in the State Fiscal Year |
| 25 | | 2003; 40% in the State Fiscal Year 2004; 30% in the State |
| 26 | | Fiscal Year 2005; 20% in the State Fiscal Year 2006; and 10% in |
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| 1 | | the State Fiscal Year 2007. No payment shall be made for the |
| 2 | | State Fiscal Year 2008 and thereafter. |
| 3 | | Municipalities that issue bonds in connection with the |
| 4 | | redevelopment project during the period from June 1, 1988 |
| 5 | | until 3 years after the effective date of this Amendatory Act |
| 6 | | of 1988 shall receive the Net State Utility Tax Increment, |
| 7 | | subject to appropriation, for 15 State Fiscal Years after the |
| 8 | | issuance of such bonds. For the 16th through the 20th State |
| 9 | | Fiscal Years after issuance of the bonds, the Net State |
| 10 | | Utility Tax Increment shall be calculated as follows: By |
| 11 | | multiplying the Net State Utility Tax Increment by 90% in year |
| 12 | | 16; 80% in year 17; 70% in year 18; 60% in year 19; and 50% in |
| 13 | | year 20. Refunding of any bonds issued prior to June 1, 1988, |
| 14 | | shall not alter the revised Net State Utility Tax Increment |
| 15 | | payments set forth above. |
| 16 | | (l) "Obligations" mean bonds, loans, debentures, notes, |
| 17 | | special certificates or other evidence of indebtedness issued |
| 18 | | by the municipality to carry out a redevelopment project or to |
| 19 | | refund outstanding obligations. |
| 20 | | (m) "Payment in lieu of taxes" means those estimated tax |
| 21 | | revenues from real property in a redevelopment project area |
| 22 | | derived from real property that has been acquired by a |
| 23 | | municipality which according to the redevelopment project or |
| 24 | | plan is to be used for a private use which taxing districts |
| 25 | | would have received had a municipality not acquired the real |
| 26 | | property and adopted tax increment allocation financing and |
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| 1 | | which would result from levies made after the time of the |
| 2 | | adoption of tax increment allocation financing to the time the |
| 3 | | current equalized value of real property in the redevelopment |
| 4 | | project area exceeds the total initial equalized value of real |
| 5 | | property in said area. |
| 6 | | (n) "Redevelopment plan" means the comprehensive program |
| 7 | | of the municipality for development or redevelopment intended |
| 8 | | by the payment of redevelopment project costs to reduce or |
| 9 | | eliminate those conditions the existence of which qualified |
| 10 | | the redevelopment project area as a "blighted area" or |
| 11 | | "conservation area" or combination thereof or "industrial park |
| 12 | | conservation area," and thereby to enhance the tax bases of |
| 13 | | the taxing districts which extend into the redevelopment |
| 14 | | project area, provided that, with respect to redevelopment |
| 15 | | project areas described in subsections (p-1) and (p-2), |
| 16 | | "redevelopment plan" means the comprehensive program of the |
| 17 | | affected municipality for the development of qualifying |
| 18 | | transit facilities. On and after November 1, 1999 (the |
| 19 | | effective date of Public Act 91-478), no redevelopment plan |
| 20 | | may be approved or amended that includes the development of |
| 21 | | vacant land (i) with a golf course and related clubhouse and |
| 22 | | other facilities or (ii) designated by federal, State, county, |
| 23 | | or municipal government as public land for outdoor |
| 24 | | recreational activities or for nature preserves and used for |
| 25 | | that purpose within 5 years prior to the adoption of the |
| 26 | | redevelopment plan. For the purpose of this subsection, |
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| 1 | | "recreational activities" is limited to mean camping and |
| 2 | | hunting. Each redevelopment plan shall set forth in writing |
| 3 | | the program to be undertaken to accomplish the objectives and |
| 4 | | shall include but not be limited to: |
| 5 | | (A) an itemized list of estimated redevelopment |
| 6 | | project costs; |
| 7 | | (B) evidence indicating that the redevelopment project |
| 8 | | area on the whole has not been subject to growth and |
| 9 | | development through investment by private enterprise, |
| 10 | | provided that such evidence shall not be required for any |
| 11 | | redevelopment project area located within a transit |
| 12 | | facility improvement area established pursuant to Section |
| 13 | | 11-74.4-3.3; |
| 14 | | (C) an assessment of any financial impact of the |
| 15 | | redevelopment project area on or any increased demand for |
| 16 | | services from any taxing district affected by the plan and |
| 17 | | any program to address such financial impact or increased |
| 18 | | demand; |
| 19 | | (D) the sources of funds to pay costs; |
| 20 | | (E) the nature and term of the obligations to be |
| 21 | | issued; |
| 22 | | (F) the most recent equalized assessed valuation of |
| 23 | | the redevelopment project area; |
| 24 | | (G) an estimate as to the equalized assessed valuation |
| 25 | | after redevelopment and the general land uses to apply in |
| 26 | | the redevelopment project area; |
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| 1 | | (H) a commitment to fair employment practices and an |
| 2 | | affirmative action plan; |
| 3 | | (I) if it concerns an industrial park conservation |
| 4 | | area, the plan shall also include a general description of |
| 5 | | any proposed developer, user and tenant of any property, a |
| 6 | | description of the type, structure and general character |
| 7 | | of the facilities to be developed, a description of the |
| 8 | | type, class and number of new employees to be employed in |
| 9 | | the operation of the facilities to be developed; and |
| 10 | | (J) if property is to be annexed to the municipality, |
| 11 | | the plan shall include the terms of the annexation |
| 12 | | agreement. |
| 13 | | The provisions of items (B) and (C) of this subsection (n) |
| 14 | | shall not apply to a municipality that before March 14, 1994 |
| 15 | | (the effective date of Public Act 88-537) had fixed, either by |
| 16 | | its corporate authorities or by a commission designated under |
| 17 | | subsection (k) of Section 11-74.4-4, a time and place for a |
| 18 | | public hearing as required by subsection (a) of Section |
| 19 | | 11-74.4-5. No redevelopment plan shall be adopted unless a |
| 20 | | municipality complies with all of the following requirements: |
| 21 | | (1) The municipality finds that the redevelopment |
| 22 | | project area on the whole has not been subject to growth |
| 23 | | and development through investment by private enterprise |
| 24 | | and would not reasonably be anticipated to be developed |
| 25 | | without the adoption of the redevelopment plan, provided, |
| 26 | | however, that such a finding shall not be required with |
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| 1 | | respect to any redevelopment project area located within a |
| 2 | | transit facility improvement area established pursuant to |
| 3 | | Section 11-74.4-3.3. |
| 4 | | (2) The municipality finds that the redevelopment plan |
| 5 | | and project conform to the comprehensive plan for the |
| 6 | | development of the municipality as a whole, or, for |
| 7 | | municipalities with a population of 100,000 or more, |
| 8 | | regardless of when the redevelopment plan and project was |
| 9 | | adopted, the redevelopment plan and project either: (i) |
| 10 | | conforms to the strategic economic development or |
| 11 | | redevelopment plan issued by the designated planning |
| 12 | | authority of the municipality, or (ii) includes land uses |
| 13 | | that have been approved by the planning commission of the |
| 14 | | municipality. |
| 15 | | (3) The redevelopment plan establishes the estimated |
| 16 | | dates of completion of the redevelopment project and |
| 17 | | retirement of obligations issued to finance redevelopment |
| 18 | | project costs. Those dates may not be later than the dates |
| 19 | | set forth under Section 11-74.4-3.5. |
| 20 | | A municipality may by municipal ordinance amend an |
| 21 | | existing redevelopment plan to conform to this paragraph |
| 22 | | (3) as amended by Public Act 91-478, which municipal |
| 23 | | ordinance may be adopted without further hearing or notice |
| 24 | | and without complying with the procedures provided in this |
| 25 | | Act pertaining to an amendment to or the initial approval |
| 26 | | of a redevelopment plan and project and designation of a |
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| 1 | | redevelopment project area. |
| 2 | | (3.5) The municipality finds, in the case of an |
| 3 | | industrial park conservation area, also that the |
| 4 | | municipality is a labor surplus municipality and that the |
| 5 | | implementation of the redevelopment plan will reduce |
| 6 | | unemployment, create new jobs and by the provision of new |
| 7 | | facilities enhance the tax base of the taxing districts |
| 8 | | that extend into the redevelopment project area. |
| 9 | | (4) If any incremental revenues are being utilized |
| 10 | | under Section 8(a)(1) or 8(a)(2) of this Act in |
| 11 | | redevelopment project areas approved by ordinance after |
| 12 | | January 1, 1986, the municipality finds: (a) that the |
| 13 | | redevelopment project area would not reasonably be |
| 14 | | developed without the use of such incremental revenues, |
| 15 | | and (b) that such incremental revenues will be exclusively |
| 16 | | utilized for the development of the redevelopment project |
| 17 | | area. |
| 18 | | (5) If: (a) the redevelopment plan will not result in |
| 19 | | displacement of residents from 10 or more inhabited |
| 20 | | residential units, and the municipality certifies in the |
| 21 | | plan that such displacement will not result from the plan; |
| 22 | | or (b) the redevelopment plan is for a redevelopment |
| 23 | | project area or a qualifying transit facility located |
| 24 | | within a transit facility improvement area established |
| 25 | | pursuant to Section 11-74.4-3.3, and the applicable |
| 26 | | project is subject to the process for evaluation of |
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| 1 | | environmental effects under the National Environmental |
| 2 | | Policy Act of 1969, 42 U.S.C. 4321 et seq., then a housing |
| 3 | | impact study need not be performed. If, however, the |
| 4 | | redevelopment plan would result in the displacement of |
| 5 | | residents from 10 or more inhabited residential units, or |
| 6 | | if the redevelopment project area contains 75 or more |
| 7 | | inhabited residential units and no certification is made, |
| 8 | | then the municipality shall prepare, as part of the |
| 9 | | separate feasibility report required by subsection (a) of |
| 10 | | Section 11-74.4-5, a housing impact study. |
| 11 | | Part I of the housing impact study shall include (i) |
| 12 | | data as to whether the residential units are single family |
| 13 | | or multi-family units, (ii) the number and type of rooms |
| 14 | | within the units, if that information is available, (iii) |
| 15 | | whether the units are inhabited or uninhabited, as |
| 16 | | determined not less than 45 days before the date that the |
| 17 | | ordinance or resolution required by subsection (a) of |
| 18 | | Section 11-74.4-5 is passed, and (iv) data as to the |
| 19 | | racial and ethnic composition of the residents in the |
| 20 | | inhabited residential units. The data requirement as to |
| 21 | | the racial and ethnic composition of the residents in the |
| 22 | | inhabited residential units shall be deemed to be fully |
| 23 | | satisfied by data from the most recent federal census. |
| 24 | | Part II of the housing impact study shall identify the |
| 25 | | inhabited residential units in the proposed redevelopment |
| 26 | | project area that are to be or may be removed. If inhabited |
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| 1 | | residential units are to be removed, then the housing |
| 2 | | impact study shall identify (i) the number and location of |
| 3 | | those units that will or may be removed, (ii) the |
| 4 | | municipality's plans for relocation assistance for those |
| 5 | | residents in the proposed redevelopment project area whose |
| 6 | | residences are to be removed, (iii) the availability of |
| 7 | | replacement housing for those residents whose residences |
| 8 | | are to be removed, and shall identify the type, location, |
| 9 | | and cost of the housing, and (iv) the type and extent of |
| 10 | | relocation assistance to be provided. |
| 11 | | (6) On and after November 1, 1999, the housing impact |
| 12 | | study required by paragraph (5) shall be incorporated in |
| 13 | | the redevelopment plan for the redevelopment project area. |
| 14 | | (7) On and after November 1, 1999, no redevelopment |
| 15 | | plan shall be adopted, nor an existing plan amended, nor |
| 16 | | shall residential housing that is occupied by households |
| 17 | | of low-income and very low-income persons in currently |
| 18 | | existing redevelopment project areas be removed after |
| 19 | | November 1, 1999 unless the redevelopment plan provides, |
| 20 | | with respect to inhabited housing units that are to be |
| 21 | | removed for households of low-income and very low-income |
| 22 | | persons, affordable housing and relocation assistance not |
| 23 | | less than that which would be provided under the federal |
| 24 | | Uniform Relocation Assistance and Real Property |
| 25 | | Acquisition Policies Act of 1970 and the regulations under |
| 26 | | that Act, including the eligibility criteria. Affordable |
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| 1 | | housing may be either existing or newly constructed |
| 2 | | housing. For purposes of this paragraph (7), "low-income |
| 3 | | households", "very low-income households", and "affordable |
| 4 | | housing" have the meanings set forth in the Illinois |
| 5 | | Affordable Housing Act. The municipality shall make a good |
| 6 | | faith effort to ensure that this affordable housing is |
| 7 | | located in or near the redevelopment project area within |
| 8 | | the municipality. |
| 9 | | (8) On and after November 1, 1999, if, after the |
| 10 | | adoption of the redevelopment plan for the redevelopment |
| 11 | | project area, any municipality desires to amend its |
| 12 | | redevelopment plan to remove more inhabited residential |
| 13 | | units than specified in its original redevelopment plan, |
| 14 | | that change shall be made in accordance with the |
| 15 | | procedures in subsection (c) of Section 11-74.4-5. |
| 16 | | (9) For redevelopment project areas designated prior |
| 17 | | to November 1, 1999, the redevelopment plan may be amended |
| 18 | | without further joint review board meeting or hearing, |
| 19 | | provided that the municipality shall give notice of any |
| 20 | | such changes by mail to each affected taxing district and |
| 21 | | registrant on the interested party registry, to authorize |
| 22 | | the municipality to expend tax increment revenues for |
| 23 | | redevelopment project costs defined by paragraphs (5) and |
| 24 | | (7.5), subparagraphs (E) and (F) of paragraph (11), and |
| 25 | | paragraph (11.5) of subsection (q) of Section 11-74.4-3, |
| 26 | | so long as the changes do not increase the total estimated |
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| 1 | | redevelopment project costs set out in the redevelopment |
| 2 | | plan by more than 5% after adjustment for inflation from |
| 3 | | the date the plan was adopted. |
| 4 | | (o) "Redevelopment project" means any public and private |
| 5 | | development project in furtherance of the objectives of a |
| 6 | | redevelopment plan. On and after November 1, 1999 (the |
| 7 | | effective date of Public Act 91-478), no redevelopment plan |
| 8 | | may be approved or amended that includes the development of |
| 9 | | vacant land (i) with a golf course and related clubhouse and |
| 10 | | other facilities or (ii) designated by federal, State, county, |
| 11 | | or municipal government as public land for outdoor |
| 12 | | recreational activities or for nature preserves and used for |
| 13 | | that purpose within 5 years prior to the adoption of the |
| 14 | | redevelopment plan. For the purpose of this subsection, |
| 15 | | "recreational activities" is limited to mean camping and |
| 16 | | hunting. |
| 17 | | (p) "Redevelopment project area" means an area designated |
| 18 | | by the municipality, which is not less in the aggregate than 1 |
| 19 | | 1/2 acres and in respect to which the municipality has made a |
| 20 | | finding that there exist conditions which cause the area to be |
| 21 | | classified as an industrial park conservation area or a |
| 22 | | blighted area or a conservation area, or a combination of both |
| 23 | | blighted areas and conservation areas. |
| 24 | | (p-1) Notwithstanding any provision of this Act to the |
| 25 | | contrary, on and after August 25, 2009 (the effective date of |
| 26 | | Public Act 96-680), a redevelopment project area may include |
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| 1 | | areas within a one-half mile radius of an existing or proposed |
| 2 | | Northern Illinois Transit Regional Transportation Authority |
| 3 | | Suburban Transit Access Route (STAR Line) station without a |
| 4 | | finding that the area is classified as an industrial park |
| 5 | | conservation area, a blighted area, a conservation area, or a |
| 6 | | combination thereof, but only if the municipality receives |
| 7 | | unanimous consent from the joint review board created to |
| 8 | | review the proposed redevelopment project area. |
| 9 | | (p-2) Notwithstanding any provision of this Act to the |
| 10 | | contrary, on and after the effective date of this amendatory |
| 11 | | Act of the 99th General Assembly, a redevelopment project area |
| 12 | | may include areas within a transit facility improvement area |
| 13 | | that has been established pursuant to Section 11-74.4-3.3 |
| 14 | | without a finding that the area is classified as an industrial |
| 15 | | park conservation area, a blighted area, a conservation area, |
| 16 | | or any combination thereof. |
| 17 | | (q) "Redevelopment project costs", except for |
| 18 | | redevelopment project areas created pursuant to subsection |
| 19 | | (p-1) or (p-2), means and includes the sum total of all |
| 20 | | reasonable or necessary costs incurred or estimated to be |
| 21 | | incurred, and any such costs incidental to a redevelopment |
| 22 | | plan and a redevelopment project. Such costs include, without |
| 23 | | limitation, the following: |
| 24 | | (1) Costs of studies, surveys, development of plans, |
| 25 | | and specifications, implementation and administration of |
| 26 | | the redevelopment plan including but not limited to staff |
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| 1 | | and professional service costs for architectural, |
| 2 | | engineering, legal, financial, planning or other services, |
| 3 | | provided however that no charges for professional services |
| 4 | | may be based on a percentage of the tax increment |
| 5 | | collected; except that on and after November 1, 1999 (the |
| 6 | | effective date of Public Act 91-478), no contracts for |
| 7 | | professional services, excluding architectural and |
| 8 | | engineering services, may be entered into if the terms of |
| 9 | | the contract extend beyond a period of 3 years. In |
| 10 | | addition, "redevelopment project costs" shall not include |
| 11 | | lobbying expenses. After consultation with the |
| 12 | | municipality, each tax increment consultant or advisor to |
| 13 | | a municipality that plans to designate or has designated a |
| 14 | | redevelopment project area shall inform the municipality |
| 15 | | in writing of any contracts that the consultant or advisor |
| 16 | | has entered into with entities or individuals that have |
| 17 | | received, or are receiving, payments financed by tax |
| 18 | | increment revenues produced by the redevelopment project |
| 19 | | area with respect to which the consultant or advisor has |
| 20 | | performed, or will be performing, service for the |
| 21 | | municipality. This requirement shall be satisfied by the |
| 22 | | consultant or advisor before the commencement of services |
| 23 | | for the municipality and thereafter whenever any other |
| 24 | | contracts with those individuals or entities are executed |
| 25 | | by the consultant or advisor; |
| 26 | | (1.5) After July 1, 1999, annual administrative costs |
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| 1 | | shall not include general overhead or administrative costs |
| 2 | | of the municipality that would still have been incurred by |
| 3 | | the municipality if the municipality had not designated a |
| 4 | | redevelopment project area or approved a redevelopment |
| 5 | | plan; |
| 6 | | (1.6) The cost of marketing sites within the |
| 7 | | redevelopment project area to prospective businesses, |
| 8 | | developers, and investors; |
| 9 | | (2) Property assembly costs, including but not limited |
| 10 | | to acquisition of land and other property, real or |
| 11 | | personal, or rights or interests therein, demolition of |
| 12 | | buildings, site preparation, site improvements that serve |
| 13 | | as an engineered barrier addressing ground level or below |
| 14 | | ground environmental contamination, including, but not |
| 15 | | limited to parking lots and other concrete or asphalt |
| 16 | | barriers, and the clearing and grading of land; |
| 17 | | (3) Costs of rehabilitation, reconstruction or repair |
| 18 | | or remodeling of existing public or private buildings, |
| 19 | | fixtures, and leasehold improvements; and the cost of |
| 20 | | replacing an existing public building if pursuant to the |
| 21 | | implementation of a redevelopment project the existing |
| 22 | | public building is to be demolished to use the site for |
| 23 | | private investment or devoted to a different use requiring |
| 24 | | private investment; including any direct or indirect costs |
| 25 | | relating to Green Globes or LEED certified construction |
| 26 | | elements or construction elements with an equivalent |
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| 1 | | certification; |
| 2 | | (4) Costs of the construction of public works or |
| 3 | | improvements, including any direct or indirect costs |
| 4 | | relating to Green Globes or LEED certified construction |
| 5 | | elements or construction elements with an equivalent |
| 6 | | certification, except that on and after November 1, 1999, |
| 7 | | redevelopment project costs shall not include the cost of |
| 8 | | constructing a new municipal public building principally |
| 9 | | used to provide offices, storage space, or conference |
| 10 | | facilities or vehicle storage, maintenance, or repair for |
| 11 | | administrative, public safety, or public works personnel |
| 12 | | and that is not intended to replace an existing public |
| 13 | | building as provided under paragraph (3) of subsection (q) |
| 14 | | of Section 11-74.4-3 unless either (i) the construction of |
| 15 | | the new municipal building implements a redevelopment |
| 16 | | project that was included in a redevelopment plan that was |
| 17 | | adopted by the municipality prior to November 1, 1999, |
| 18 | | (ii) the municipality makes a reasonable determination in |
| 19 | | the redevelopment plan, supported by information that |
| 20 | | provides the basis for that determination, that the new |
| 21 | | municipal building is required to meet an increase in the |
| 22 | | need for public safety purposes anticipated to result from |
| 23 | | the implementation of the redevelopment plan, or (iii) the |
| 24 | | new municipal public building is for the storage, |
| 25 | | maintenance, or repair of transit vehicles and is located |
| 26 | | in a transit facility improvement area that has been |
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| 1 | | established pursuant to Section 11-74.4-3.3; |
| 2 | | (5) Costs of job training and retraining projects, |
| 3 | | including the cost of "welfare to work" programs |
| 4 | | implemented by businesses located within the redevelopment |
| 5 | | project area; |
| 6 | | (6) Financing costs, including but not limited to all |
| 7 | | necessary and incidental expenses related to the issuance |
| 8 | | of obligations and which may include payment of interest |
| 9 | | on any obligations issued hereunder including interest |
| 10 | | accruing during the estimated period of construction of |
| 11 | | any redevelopment project for which such obligations are |
| 12 | | issued and for not exceeding 36 months thereafter and |
| 13 | | including reasonable reserves related thereto; |
| 14 | | (7) To the extent the municipality by written |
| 15 | | agreement accepts and approves the same, all or a portion |
| 16 | | of a taxing district's capital costs resulting from the |
| 17 | | redevelopment project necessarily incurred or to be |
| 18 | | incurred within a taxing district in furtherance of the |
| 19 | | objectives of the redevelopment plan and project; |
| 20 | | (7.5) For redevelopment project areas designated (or |
| 21 | | redevelopment project areas amended to add or increase the |
| 22 | | number of tax-increment-financing assisted housing units) |
| 23 | | on or after November 1, 1999, an elementary, secondary, or |
| 24 | | unit school district's increased costs attributable to |
| 25 | | assisted housing units located within the redevelopment |
| 26 | | project area for which the developer or redeveloper |
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| 1 | | receives financial assistance through an agreement with |
| 2 | | the municipality or because the municipality incurs the |
| 3 | | cost of necessary infrastructure improvements within the |
| 4 | | boundaries of the assisted housing sites necessary for the |
| 5 | | completion of that housing as authorized by this Act, and |
| 6 | | which costs shall be paid by the municipality from the |
| 7 | | Special Tax Allocation Fund when the tax increment revenue |
| 8 | | is received as a result of the assisted housing units and |
| 9 | | shall be calculated annually as follows: |
| 10 | | (A) for foundation districts, excluding any school |
| 11 | | district in a municipality with a population in excess |
| 12 | | of 1,000,000, by multiplying the district's increase |
| 13 | | in attendance resulting from the net increase in new |
| 14 | | students enrolled in that school district who reside |
| 15 | | in housing units within the redevelopment project area |
| 16 | | that have received financial assistance through an |
| 17 | | agreement with the municipality or because the |
| 18 | | municipality incurs the cost of necessary |
| 19 | | infrastructure improvements within the boundaries of |
| 20 | | the housing sites necessary for the completion of that |
| 21 | | housing as authorized by this Act since the |
| 22 | | designation of the redevelopment project area by the |
| 23 | | most recently available per capita tuition cost as |
| 24 | | defined in Section 10-20.12a of the School Code less |
| 25 | | any increase in general State aid as defined in |
| 26 | | Section 18-8.05 of the School Code or evidence-based |
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| 1 | | funding as defined in Section 18-8.15 of the School |
| 2 | | Code attributable to these added new students subject |
| 3 | | to the following annual limitations: |
| 4 | | (i) for unit school districts with a district |
| 5 | | average 1995-96 Per Capita Tuition Charge of less |
| 6 | | than $5,900, no more than 25% of the total amount |
| 7 | | of property tax increment revenue produced by |
| 8 | | those housing units that have received tax |
| 9 | | increment finance assistance under this Act; |
| 10 | | (ii) for elementary school districts with a |
| 11 | | district average 1995-96 Per Capita Tuition Charge |
| 12 | | of less than $5,900, no more than 17% of the total |
| 13 | | amount of property tax increment revenue produced |
| 14 | | by those housing units that have received tax |
| 15 | | increment finance assistance under this Act; and |
| 16 | | (iii) for secondary school districts with a |
| 17 | | district average 1995-96 Per Capita Tuition Charge |
| 18 | | of less than $5,900, no more than 8% of the total |
| 19 | | amount of property tax increment revenue produced |
| 20 | | by those housing units that have received tax |
| 21 | | increment finance assistance under this Act. |
| 22 | | (B) For alternate method districts, flat grant |
| 23 | | districts, and foundation districts with a district |
| 24 | | average 1995-96 Per Capita Tuition Charge equal to or |
| 25 | | more than $5,900, excluding any school district with a |
| 26 | | population in excess of 1,000,000, by multiplying the |
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| 1 | | district's increase in attendance resulting from the |
| 2 | | net increase in new students enrolled in that school |
| 3 | | district who reside in housing units within the |
| 4 | | redevelopment project area that have received |
| 5 | | financial assistance through an agreement with the |
| 6 | | municipality or because the municipality incurs the |
| 7 | | cost of necessary infrastructure improvements within |
| 8 | | the boundaries of the housing sites necessary for the |
| 9 | | completion of that housing as authorized by this Act |
| 10 | | since the designation of the redevelopment project |
| 11 | | area by the most recently available per capita tuition |
| 12 | | cost as defined in Section 10-20.12a of the School |
| 13 | | Code less any increase in general state aid as defined |
| 14 | | in Section 18-8.05 of the School Code or |
| 15 | | evidence-based funding as defined in Section 18-8.15 |
| 16 | | of the School Code attributable to these added new |
| 17 | | students subject to the following annual limitations: |
| 18 | | (i) for unit school districts, no more than |
| 19 | | 40% of the total amount of property tax increment |
| 20 | | revenue produced by those housing units that have |
| 21 | | received tax increment finance assistance under |
| 22 | | this Act; |
| 23 | | (ii) for elementary school districts, no more |
| 24 | | than 27% of the total amount of property tax |
| 25 | | increment revenue produced by those housing units |
| 26 | | that have received tax increment finance |
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| 1 | | assistance under this Act; and |
| 2 | | (iii) for secondary school districts, no more |
| 3 | | than 13% of the total amount of property tax |
| 4 | | increment revenue produced by those housing units |
| 5 | | that have received tax increment finance |
| 6 | | assistance under this Act. |
| 7 | | (C) For any school district in a municipality with |
| 8 | | a population in excess of 1,000,000, the following |
| 9 | | restrictions shall apply to the reimbursement of |
| 10 | | increased costs under this paragraph (7.5): |
| 11 | | (i) no increased costs shall be reimbursed |
| 12 | | unless the school district certifies that each of |
| 13 | | the schools affected by the assisted housing |
| 14 | | project is at or over its student capacity; |
| 15 | | (ii) the amount reimbursable shall be reduced |
| 16 | | by the value of any land donated to the school |
| 17 | | district by the municipality or developer, and by |
| 18 | | the value of any physical improvements made to the |
| 19 | | schools by the municipality or developer; and |
| 20 | | (iii) the amount reimbursed may not affect |
| 21 | | amounts otherwise obligated by the terms of any |
| 22 | | bonds, notes, or other funding instruments, or the |
| 23 | | terms of any redevelopment agreement. |
| 24 | | Any school district seeking payment under this |
| 25 | | paragraph (7.5) shall, after July 1 and before |
| 26 | | September 30 of each year, provide the municipality |
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| 1 | | with reasonable evidence to support its claim for |
| 2 | | reimbursement before the municipality shall be |
| 3 | | required to approve or make the payment to the school |
| 4 | | district. If the school district fails to provide the |
| 5 | | information during this period in any year, it shall |
| 6 | | forfeit any claim to reimbursement for that year. |
| 7 | | School districts may adopt a resolution waiving the |
| 8 | | right to all or a portion of the reimbursement |
| 9 | | otherwise required by this paragraph (7.5). By |
| 10 | | acceptance of this reimbursement the school district |
| 11 | | waives the right to directly or indirectly set aside, |
| 12 | | modify, or contest in any manner the establishment of |
| 13 | | the redevelopment project area or projects; |
| 14 | | (7.7) For redevelopment project areas designated (or |
| 15 | | redevelopment project areas amended to add or increase the |
| 16 | | number of tax-increment-financing assisted housing units) |
| 17 | | on or after January 1, 2005 (the effective date of Public |
| 18 | | Act 93-961), a public library district's increased costs |
| 19 | | attributable to assisted housing units located within the |
| 20 | | redevelopment project area for which the developer or |
| 21 | | redeveloper receives financial assistance through an |
| 22 | | agreement with the municipality or because the |
| 23 | | municipality incurs the cost of necessary infrastructure |
| 24 | | improvements within the boundaries of the assisted housing |
| 25 | | sites necessary for the completion of that housing as |
| 26 | | authorized by this Act shall be paid to the library |
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| 1 | | district by the municipality from the Special Tax |
| 2 | | Allocation Fund when the tax increment revenue is received |
| 3 | | as a result of the assisted housing units. This paragraph |
| 4 | | (7.7) applies only if (i) the library district is located |
| 5 | | in a county that is subject to the Property Tax Extension |
| 6 | | Limitation Law or (ii) the library district is not located |
| 7 | | in a county that is subject to the Property Tax Extension |
| 8 | | Limitation Law but the district is prohibited by any other |
| 9 | | law from increasing its tax levy rate without a prior |
| 10 | | voter referendum. |
| 11 | | The amount paid to a library district under this |
| 12 | | paragraph (7.7) shall be calculated by multiplying (i) the |
| 13 | | net increase in the number of persons eligible to obtain a |
| 14 | | library card in that district who reside in housing units |
| 15 | | within the redevelopment project area that have received |
| 16 | | financial assistance through an agreement with the |
| 17 | | municipality or because the municipality incurs the cost |
| 18 | | of necessary infrastructure improvements within the |
| 19 | | boundaries of the housing sites necessary for the |
| 20 | | completion of that housing as authorized by this Act since |
| 21 | | the designation of the redevelopment project area by (ii) |
| 22 | | the per-patron cost of providing library services so long |
| 23 | | as it does not exceed $120. The per-patron cost shall be |
| 24 | | the Total Operating Expenditures Per Capita for the |
| 25 | | library in the previous fiscal year. The municipality may |
| 26 | | deduct from the amount that it must pay to a library |
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| 1 | | district under this paragraph any amount that it has |
| 2 | | voluntarily paid to the library district from the tax |
| 3 | | increment revenue. The amount paid to a library district |
| 4 | | under this paragraph (7.7) shall be no more than 2% of the |
| 5 | | amount produced by the assisted housing units and |
| 6 | | deposited into the Special Tax Allocation Fund. |
| 7 | | A library district is not eligible for any payment |
| 8 | | under this paragraph (7.7) unless the library district has |
| 9 | | experienced an increase in the number of patrons from the |
| 10 | | municipality that created the tax-increment-financing |
| 11 | | district since the designation of the redevelopment |
| 12 | | project area. |
| 13 | | Any library district seeking payment under this |
| 14 | | paragraph (7.7) shall, after July 1 and before September |
| 15 | | 30 of each year, provide the municipality with convincing |
| 16 | | evidence to support its claim for reimbursement before the |
| 17 | | municipality shall be required to approve or make the |
| 18 | | payment to the library district. If the library district |
| 19 | | fails to provide the information during this period in any |
| 20 | | year, it shall forfeit any claim to reimbursement for that |
| 21 | | year. Library districts may adopt a resolution waiving the |
| 22 | | right to all or a portion of the reimbursement otherwise |
| 23 | | required by this paragraph (7.7). By acceptance of such |
| 24 | | reimbursement, the library district shall forfeit any |
| 25 | | right to directly or indirectly set aside, modify, or |
| 26 | | contest in any manner whatsoever the establishment of the |
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| 1 | | redevelopment project area or projects; |
| 2 | | (8) Relocation costs to the extent that a municipality |
| 3 | | determines that relocation costs shall be paid or is |
| 4 | | required to make payment of relocation costs by federal or |
| 5 | | State law or in order to satisfy subparagraph (7) of |
| 6 | | subsection (n); |
| 7 | | (9) Payment in lieu of taxes; |
| 8 | | (10) Costs of job training, retraining, advanced |
| 9 | | vocational education or career education, including but |
| 10 | | not limited to courses in occupational, semi-technical or |
| 11 | | technical fields leading directly to employment, incurred |
| 12 | | by one or more taxing districts, provided that such costs |
| 13 | | (i) are related to the establishment and maintenance of |
| 14 | | additional job training, advanced vocational education or |
| 15 | | career education programs for persons employed or to be |
| 16 | | employed by employers located in a redevelopment project |
| 17 | | area; and (ii) when incurred by a taxing district or |
| 18 | | taxing districts other than the municipality, are set |
| 19 | | forth in a written agreement by or among the municipality |
| 20 | | and the taxing district or taxing districts, which |
| 21 | | agreement describes the program to be undertaken, |
| 22 | | including but not limited to the number of employees to be |
| 23 | | trained, a description of the training and services to be |
| 24 | | provided, the number and type of positions available or to |
| 25 | | be available, itemized costs of the program and sources of |
| 26 | | funds to pay for the same, and the term of the agreement. |
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| 1 | | Such costs include, specifically, the payment by community |
| 2 | | college districts of costs pursuant to Sections 3-37, |
| 3 | | 3-38, 3-40 and 3-40.1 of the Public Community College Act |
| 4 | | and by school districts of costs pursuant to Sections |
| 5 | | 10-22.20a and 10-23.3a of the School Code; |
| 6 | | (11) Interest cost incurred by a redeveloper related |
| 7 | | to the construction, renovation or rehabilitation of a |
| 8 | | redevelopment project provided that: |
| 9 | | (A) such costs are to be paid directly from the |
| 10 | | special tax allocation fund established pursuant to |
| 11 | | this Act; |
| 12 | | (B) such payments in any one year may not exceed |
| 13 | | 30% of the annual interest costs incurred by the |
| 14 | | redeveloper with regard to the redevelopment project |
| 15 | | during that year; |
| 16 | | (C) if there are not sufficient funds available in |
| 17 | | the special tax allocation fund to make the payment |
| 18 | | pursuant to this paragraph (11) then the amounts so |
| 19 | | due shall accrue and be payable when sufficient funds |
| 20 | | are available in the special tax allocation fund; |
| 21 | | (D) the total of such interest payments paid |
| 22 | | pursuant to this Act may not exceed 30% of the total |
| 23 | | (i) cost paid or incurred by the redeveloper for the |
| 24 | | redevelopment project plus (ii) redevelopment project |
| 25 | | costs excluding any property assembly costs and any |
| 26 | | relocation costs incurred by a municipality pursuant |
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| 1 | | to this Act; |
| 2 | | (E) the cost limits set forth in subparagraphs (B) |
| 3 | | and (D) of paragraph (11) shall be modified for the |
| 4 | | financing of rehabilitated or new housing units for |
| 5 | | low-income households and very low-income households, |
| 6 | | as defined in Section 3 of the Illinois Affordable |
| 7 | | Housing Act. The percentage of 75% shall be |
| 8 | | substituted for 30% in subparagraphs (B) and (D) of |
| 9 | | paragraph (11); and |
| 10 | | (F) instead of the eligible costs provided by |
| 11 | | subparagraphs (B) and (D) of paragraph (11), as |
| 12 | | modified by this subparagraph, and notwithstanding any |
| 13 | | other provisions of this Act to the contrary, the |
| 14 | | municipality may pay from tax increment revenues up to |
| 15 | | 50% of the cost of construction of new housing units to |
| 16 | | be occupied by low-income households and very |
| 17 | | low-income households as defined in Section 3 of the |
| 18 | | Illinois Affordable Housing Act. The cost of |
| 19 | | construction of those units may be derived from the |
| 20 | | proceeds of bonds issued by the municipality under |
| 21 | | this Act or other constitutional or statutory |
| 22 | | authority or from other sources of municipal revenue |
| 23 | | that may be reimbursed from tax increment revenues or |
| 24 | | the proceeds of bonds issued to finance the |
| 25 | | construction of that housing. |
| 26 | | The eligible costs provided under this |
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| 1 | | subparagraph (F) of paragraph (11) shall be an |
| 2 | | eligible cost for the construction, renovation, and |
| 3 | | rehabilitation of all low and very low-income housing |
| 4 | | units, as defined in Section 3 of the Illinois |
| 5 | | Affordable Housing Act, within the redevelopment |
| 6 | | project area. If the low and very low-income units are |
| 7 | | part of a residential redevelopment project that |
| 8 | | includes units not affordable to low and very |
| 9 | | low-income households, only the low and very |
| 10 | | low-income units shall be eligible for benefits under |
| 11 | | this subparagraph (F) of paragraph (11). The standards |
| 12 | | for maintaining the occupancy by low-income households |
| 13 | | and very low-income households, as defined in Section |
| 14 | | 3 of the Illinois Affordable Housing Act, of those |
| 15 | | units constructed with eligible costs made available |
| 16 | | under the provisions of this subparagraph (F) of |
| 17 | | paragraph (11) shall be established by guidelines |
| 18 | | adopted by the municipality. The responsibility for |
| 19 | | annually documenting the initial occupancy of the |
| 20 | | units by low-income households and very low-income |
| 21 | | households, as defined in Section 3 of the Illinois |
| 22 | | Affordable Housing Act, shall be that of the then |
| 23 | | current owner of the property. For ownership units, |
| 24 | | the guidelines will provide, at a minimum, for a |
| 25 | | reasonable recapture of funds, or other appropriate |
| 26 | | methods designed to preserve the original |
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| 1 | | affordability of the ownership units. For rental |
| 2 | | units, the guidelines will provide, at a minimum, for |
| 3 | | the affordability of rent to low and very low-income |
| 4 | | households. As units become available, they shall be |
| 5 | | rented to income-eligible tenants. The municipality |
| 6 | | may modify these guidelines from time to time; the |
| 7 | | guidelines, however, shall be in effect for as long as |
| 8 | | tax increment revenue is being used to pay for costs |
| 9 | | associated with the units or for the retirement of |
| 10 | | bonds issued to finance the units or for the life of |
| 11 | | the redevelopment project area, whichever is later; |
| 12 | | (11.5) If the redevelopment project area is located |
| 13 | | within a municipality with a population of more than |
| 14 | | 100,000, the cost of day care services for children of |
| 15 | | employees from low-income families working for businesses |
| 16 | | located within the redevelopment project area and all or a |
| 17 | | portion of the cost of operation of day care centers |
| 18 | | established by redevelopment project area businesses to |
| 19 | | serve employees from low-income families working in |
| 20 | | businesses located in the redevelopment project area. For |
| 21 | | the purposes of this paragraph, "low-income families" |
| 22 | | means families whose annual income does not exceed 80% of |
| 23 | | the municipal, county, or regional median income, adjusted |
| 24 | | for family size, as the annual income and municipal, |
| 25 | | county, or regional median income are determined from time |
| 26 | | to time by the United States Department of Housing and |
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| 1 | | Urban Development. |
| 2 | | (12) Costs relating to the development of urban |
| 3 | | agricultural areas under Division 15.2 of the Illinois |
| 4 | | Municipal Code. |
| 5 | | Unless explicitly stated herein the cost of construction |
| 6 | | of new privately owned privately-owned buildings shall not be |
| 7 | | an eligible redevelopment project cost. |
| 8 | | After November 1, 1999 (the effective date of Public Act |
| 9 | | 91-478), none of the redevelopment project costs enumerated in |
| 10 | | this subsection shall be eligible redevelopment project costs |
| 11 | | if those costs would provide direct financial support to a |
| 12 | | retail entity initiating operations in the redevelopment |
| 13 | | project area while terminating operations at another Illinois |
| 14 | | location within 10 miles of the redevelopment project area but |
| 15 | | outside the boundaries of the redevelopment project area |
| 16 | | municipality. For purposes of this paragraph, termination |
| 17 | | means a closing of a retail operation that is directly related |
| 18 | | to the opening of the same operation or like retail entity |
| 19 | | owned or operated by more than 50% of the original ownership in |
| 20 | | a redevelopment project area, but it does not mean closing an |
| 21 | | operation for reasons beyond the control of the retail entity, |
| 22 | | as documented by the retail entity, subject to a reasonable |
| 23 | | finding by the municipality that the current location |
| 24 | | contained inadequate space, had become economically obsolete, |
| 25 | | or was no longer a viable location for the retailer or |
| 26 | | serviceman. |
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| 1 | | No cost shall be a redevelopment project cost in a |
| 2 | | redevelopment project area if used to demolish, remove, or |
| 3 | | substantially modify a historic resource, after August 26, |
| 4 | | 2008 (the effective date of Public Act 95-934), unless no |
| 5 | | prudent and feasible alternative exists. "Historic resource" |
| 6 | | for the purpose of this paragraph means (i) a place or |
| 7 | | structure that is included or eligible for inclusion on the |
| 8 | | National Register of Historic Places or (ii) a contributing |
| 9 | | structure in a district on the National Register of Historic |
| 10 | | Places. This paragraph does not apply to a place or structure |
| 11 | | for which demolition, removal, or modification is subject to |
| 12 | | review by the preservation agency of a Certified Local |
| 13 | | Government designated as such by the National Park Service of |
| 14 | | the United States Department of the Interior. |
| 15 | | If a special service area has been established pursuant to |
| 16 | | the Special Service Area Tax Act or Special Service Area Tax |
| 17 | | Law, then any tax increment revenues derived from the tax |
| 18 | | imposed pursuant to the Special Service Area Tax Act or |
| 19 | | Special Service Area Tax Law may be used within the |
| 20 | | redevelopment project area for the purposes permitted by that |
| 21 | | Act or Law as well as the purposes permitted by this Act. |
| 22 | | (q-1) For redevelopment project areas created pursuant to |
| 23 | | subsection (p-1), redevelopment project costs are limited to |
| 24 | | those costs in paragraph (q) that are related to the existing |
| 25 | | or proposed Northern Illinois Transit Regional Transportation |
| 26 | | Authority Suburban Transit Access Route (STAR Line) station. |
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| 1 | | (q-2) For a transit facility improvement area established |
| 2 | | prior to, on, or after the effective date of this amendatory |
| 3 | | Act of the 102nd General Assembly: (i) "redevelopment project |
| 4 | | costs" means those costs described in subsection (q) that are |
| 5 | | related to the construction, reconstruction, rehabilitation, |
| 6 | | remodeling, or repair of any existing or proposed transit |
| 7 | | facility, whether that facility is located within or outside |
| 8 | | the boundaries of a redevelopment project area established |
| 9 | | within that transit facility improvement area (and, to the |
| 10 | | extent a redevelopment project cost is described in subsection |
| 11 | | (q) as incurred or estimated to be incurred with respect to a |
| 12 | | redevelopment project area, then it shall apply with respect |
| 13 | | to such transit facility improvement area); and (ii) the |
| 14 | | provisions of Section 11-74.4-8 regarding tax increment |
| 15 | | allocation financing for a redevelopment project area located |
| 16 | | in a transit facility improvement area shall apply only to the |
| 17 | | lots, blocks, tracts and parcels of real property that are |
| 18 | | located within the boundaries of that redevelopment project |
| 19 | | area and not to the lots, blocks, tracts, and parcels of real |
| 20 | | property that are located outside the boundaries of that |
| 21 | | redevelopment project area. |
| 22 | | (r) "State Sales Tax Boundary" means the redevelopment |
| 23 | | project area or the amended redevelopment project area |
| 24 | | boundaries which are determined pursuant to subsection (9) of |
| 25 | | Section 11-74.4-8a of this Act. The Department of Revenue |
| 26 | | shall certify pursuant to subsection (9) of Section 11-74.4-8a |
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| 1 | | the appropriate boundaries eligible for the determination of |
| 2 | | State Sales Tax Increment. |
| 3 | | (s) "State Sales Tax Increment" means an amount equal to |
| 4 | | the increase in the aggregate amount of taxes paid by |
| 5 | | retailers and servicemen, other than retailers and servicemen |
| 6 | | subject to the Public Utilities Act, on transactions at places |
| 7 | | of business located within a State Sales Tax Boundary pursuant |
| 8 | | to the Retailers' Occupation Tax Act, the Use Tax Act, the |
| 9 | | Service Use Tax Act, and the Service Occupation Tax Act, |
| 10 | | except such portion of such increase that is paid into the |
| 11 | | State and Local Sales Tax Reform Fund, the Local Government |
| 12 | | Distributive Fund, the Local Government Tax Fund and the |
| 13 | | County and Mass Transit District Fund, for as long as State |
| 14 | | participation exists, over and above the Initial Sales Tax |
| 15 | | Amounts, Adjusted Initial Sales Tax Amounts or the Revised |
| 16 | | Initial Sales Tax Amounts for such taxes as certified by the |
| 17 | | Department of Revenue and paid under those Acts by retailers |
| 18 | | and servicemen on transactions at places of business located |
| 19 | | within the State Sales Tax Boundary during the base year which |
| 20 | | shall be the calendar year immediately prior to the year in |
| 21 | | which the municipality adopted tax increment allocation |
| 22 | | financing, less 3.0% of such amounts generated under the |
| 23 | | Retailers' Occupation Tax Act, Use Tax Act and Service Use Tax |
| 24 | | Act and the Service Occupation Tax Act, which sum shall be |
| 25 | | appropriated to the Department of Revenue to cover its costs |
| 26 | | of administering and enforcing this Section. For purposes of |
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| 1 | | computing the aggregate amount of such taxes for base years |
| 2 | | occurring prior to 1985, the Department of Revenue shall |
| 3 | | compute the Initial Sales Tax Amount for such taxes and deduct |
| 4 | | therefrom an amount equal to 4% of the aggregate amount of |
| 5 | | taxes per year for each year the base year is prior to 1985, |
| 6 | | but not to exceed a total deduction of 12%. The amount so |
| 7 | | determined shall be known as the "Adjusted Initial Sales Tax |
| 8 | | Amount". For purposes of determining the State Sales Tax |
| 9 | | Increment the Department of Revenue shall for each period |
| 10 | | subtract from the tax amounts received from retailers and |
| 11 | | servicemen on transactions located in the State Sales Tax |
| 12 | | Boundary, the certified Initial Sales Tax Amounts, Adjusted |
| 13 | | Initial Sales Tax Amounts or Revised Initial Sales Tax Amounts |
| 14 | | for the Retailers' Occupation Tax Act, the Use Tax Act, the |
| 15 | | Service Use Tax Act and the Service Occupation Tax Act. For the |
| 16 | | State Fiscal Year 1989 this calculation shall be made by |
| 17 | | utilizing the calendar year 1987 to determine the tax amounts |
| 18 | | received. For the State Fiscal Year 1990, this calculation |
| 19 | | shall be made by utilizing the period from January 1, 1988, |
| 20 | | until September 30, 1988, to determine the tax amounts |
| 21 | | received from retailers and servicemen, which shall have |
| 22 | | deducted therefrom nine-twelfths of the certified Initial |
| 23 | | Sales Tax Amounts, Adjusted Initial Sales Tax Amounts or the |
| 24 | | Revised Initial Sales Tax Amounts as appropriate. For the |
| 25 | | State Fiscal Year 1991, this calculation shall be made by |
| 26 | | utilizing the period from October 1, 1988, until June 30, |
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| 1 | | 1989, to determine the tax amounts received from retailers and |
| 2 | | servicemen, which shall have deducted therefrom nine-twelfths |
| 3 | | of the certified Initial State Sales Tax Amounts, Adjusted |
| 4 | | Initial Sales Tax Amounts or the Revised Initial Sales Tax |
| 5 | | Amounts as appropriate. For every State Fiscal Year |
| 6 | | thereafter, the applicable period shall be the 12 months |
| 7 | | beginning July 1 and ending on June 30, to determine the tax |
| 8 | | amounts received which shall have deducted therefrom the |
| 9 | | certified Initial Sales Tax Amounts, Adjusted Initial Sales |
| 10 | | Tax Amounts or the Revised Initial Sales Tax Amounts. |
| 11 | | Municipalities intending to receive a distribution of State |
| 12 | | Sales Tax Increment must report a list of retailers to the |
| 13 | | Department of Revenue by October 31, 1988 and by July 31, of |
| 14 | | each year thereafter. |
| 15 | | (t) "Taxing districts" means counties, townships, cities |
| 16 | | and incorporated towns and villages, school, road, park, |
| 17 | | sanitary, mosquito abatement, forest preserve, public health, |
| 18 | | fire protection, river conservancy, tuberculosis sanitarium |
| 19 | | and any other municipal corporations or districts with the |
| 20 | | power to levy taxes. |
| 21 | | (u) "Taxing districts' capital costs" means those costs of |
| 22 | | taxing districts for capital improvements that are found by |
| 23 | | the municipal corporate authorities to be necessary and |
| 24 | | directly result from the redevelopment project. |
| 25 | | (v) As used in subsection (a) of Section 11-74.4-3 of this |
| 26 | | Act, "vacant land" means any parcel or combination of parcels |
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| 1 | | of real property without industrial, commercial, and |
| 2 | | residential buildings which has not been used for commercial |
| 3 | | agricultural purposes within 5 years prior to the designation |
| 4 | | of the redevelopment project area, unless the parcel is |
| 5 | | included in an industrial park conservation area or the parcel |
| 6 | | has been subdivided; provided that if the parcel was part of a |
| 7 | | larger tract that has been divided into 3 or more smaller |
| 8 | | tracts that were accepted for recording during the period from |
| 9 | | 1950 to 1990, then the parcel shall be deemed to have been |
| 10 | | subdivided, and all proceedings and actions of the |
| 11 | | municipality taken in that connection with respect to any |
| 12 | | previously approved or designated redevelopment project area |
| 13 | | or amended redevelopment project area are hereby validated and |
| 14 | | hereby declared to be legally sufficient for all purposes of |
| 15 | | this Act. For purposes of this Section and only for land |
| 16 | | subject to the subdivision requirements of the Plat Act, land |
| 17 | | is subdivided when the original plat of the proposed |
| 18 | | Redevelopment Project Area or relevant portion thereof has |
| 19 | | been properly certified, acknowledged, approved, and recorded |
| 20 | | or filed in accordance with the Plat Act and a preliminary |
| 21 | | plat, if any, for any subsequent phases of the proposed |
| 22 | | Redevelopment Project Area or relevant portion thereof has |
| 23 | | been properly approved and filed in accordance with the |
| 24 | | applicable ordinance of the municipality. |
| 25 | | (w) "Annual Total Increment" means the sum of each |
| 26 | | municipality's annual Net Sales Tax Increment and each |
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| 1 | | municipality's annual Net Utility Tax Increment. The ratio of |
| 2 | | the Annual Total Increment of each municipality to the Annual |
| 3 | | Total Increment for all municipalities, as most recently |
| 4 | | calculated by the Department, shall determine the proportional |
| 5 | | shares of the Illinois Tax Increment Fund to be distributed to |
| 6 | | each municipality. |
| 7 | | (x) "LEED certified" means any certification level of |
| 8 | | construction elements by a qualified Leadership in Energy and |
| 9 | | Environmental Design Accredited Professional as determined by |
| 10 | | the U.S. Green Building Council. |
| 11 | | (y) "Green Globes certified" means any certification level |
| 12 | | of construction elements by a qualified Green Globes |
| 13 | | Professional as determined by the Green Building Initiative. |
| 14 | | (Source: P.A. 102-627, eff. 8-27-21.)
|
| 15 | | (65 ILCS 5/Art. 11 Div. 122.2 heading) |
| 16 | | DIVISION 122.2. NORTHERN ILLINOIS TRANSIT REGIONAL |
| 17 | | TRANSPORTATION AUTHORITY
|
| 18 | | (65 ILCS 5/11-122.2-1) (from Ch. 24, par. 11-122.2-1) |
| 19 | | Sec. 11-122.2-1. In addition to all its other powers, |
| 20 | | every municipality shall, in all its dealings with the |
| 21 | | Northern Illinois Transit Regional Transportation Authority |
| 22 | | established by the Northern Illinois Transit "Regional |
| 23 | | Transportation Authority Act", enacted by the 78th General |
| 24 | | Assembly, have the following powers: |
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| 1 | | (a) to cooperate with the Northern Illinois Transit |
| 2 | | Regional Transportation Authority in the exercise by the |
| 3 | | Northern Illinois Transit Regional Transportation Authority of |
| 4 | | all the powers granted it by the Act; |
| 5 | | (b) to receive funds from the Northern Illinois Transit |
| 6 | | Regional Transportation Authority upon such terms and |
| 7 | | conditions as shall be set forth in an agreement between the |
| 8 | | municipality and the Suburban Bus Board or the Commuter Rail |
| 9 | | Board, which contract or agreement may be for such number of |
| 10 | | years or duration as they may agree, all as provided in the |
| 11 | | Northern Illinois Transit "Regional Transportation Authority |
| 12 | | Act"; |
| 13 | | (c) to receive financial grants from a Service Board, as |
| 14 | | defined in the Northern Illinois Transit "Regional |
| 15 | | Transportation Authority Act", upon such terms and conditions |
| 16 | | as shall be set forth in a Purchase of Service Agreement or |
| 17 | | other grant contract between the municipality and the Service |
| 18 | | Board, which contract or agreement may be for such number of |
| 19 | | years or duration as the Service Board and the municipality |
| 20 | | may agree, all as provided in the Northern Illinois Transit |
| 21 | | "Regional Transportation Authority Act"; |
| 22 | | (d) to acquire from the Northern Illinois Transit Regional |
| 23 | | Transportation Authority or a Service Board any Public |
| 24 | | Transportation Facility, as defined in the Northern Illinois |
| 25 | | Transit "Regional Transportation Authority Act", by purchase |
| 26 | | contract, gift, grant, exchange for other property or rights |
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| 1 | | in property, lease (or sublease) or installment or conditional |
| 2 | | purchase contracts, which contracts or leases may provide for |
| 3 | | consideration to be paid in annual installments during a |
| 4 | | period not exceeding 40 years; such property may be acquired |
| 5 | | subject to such conditions, restrictions, liens or security or |
| 6 | | other interests of other parties as the municipality may deem |
| 7 | | appropriate and in each case the municipality may acquire a |
| 8 | | joint, leasehold, easement, license or other partial interest |
| 9 | | in such property; |
| 10 | | (e) to sell, sell by installment contract, lease (or |
| 11 | | sublease) as lessor, or transfer to, or grant to or provide for |
| 12 | | the use by 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" upon such |
| 16 | | terms and for such consideration, or for no consideration, as |
| 17 | | the municipality may deem proper; |
| 18 | | (f) to cooperate with the Northern Illinois Transit |
| 19 | | Regional Transportation Authority or a Service Board for the |
| 20 | | protection of employees and users of public transportation |
| 21 | | facilities against crime and also to protect such facilities; |
| 22 | | such cooperation may include, without limitation, agreements |
| 23 | | for the coordination of police or security forces; |
| 24 | | (g) to file such reports with and transfer such records, |
| 25 | | papers or documents to the Northern Illinois Transit Regional |
| 26 | | Transportation Authority or a Service Board as may be agreed |
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| 1 | | upon with, or required by, the Northern Illinois Transit |
| 2 | | Regional Transportation Authority or a Service Board. |
| 3 | | In exercising any of the powers granted in this Section |
| 4 | | the municipality shall not be subject to the provisions of |
| 5 | | this Code or any Act making public bidding or notice a |
| 6 | | requirement for any purchase or sale by a municipality. |
| 7 | | Notwithstanding any provision of this Code to the contrary, |
| 8 | | every municipality may enter into Purchase of Service |
| 9 | | Agreements, grant contracts, other contracts, agreements or |
| 10 | | leases, as provided in this Section, and may incur obligations |
| 11 | | and expenses thereunder without making a previous |
| 12 | | appropriation therefor. |
| 13 | | (Source: P.A. 83-886.)
|
| 14 | | Section 15-150. The Metropolitan Pier and Exposition |
| 15 | | Authority Act is amended by changing Section 14.5 as follows:
|
| 16 | | (70 ILCS 210/14.5) |
| 17 | | Sec. 14.5. Trustee of the Authority. |
| 18 | | (a) Beginning on the effective date of this amendatory Act |
| 19 | | of the 96th General Assembly, the Authority shall be governed |
| 20 | | by a Trustee for a term of 18 months or until the Board created |
| 21 | | in this amendatory Act of the 96th General Assembly appoints a |
| 22 | | chief executive officer, whichever is longer. The Trustee of |
| 23 | | the Authority shall immediately assume all duties and powers |
| 24 | | of the Board and the chief executive officer. The Trustee |
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| 1 | | shall take all actions necessary to carry into effect the |
| 2 | | provisions of this Act and this amendatory Act of the 96th |
| 3 | | General Assembly. The Trustee shall receive an annual salary |
| 4 | | equal to the current salary of the chief executive officer, |
| 5 | | minus 5%. |
| 6 | | As provided in Senate Bill 28 of the 96th General |
| 7 | | Assembly, the Trustee of the Authority is James Reilly, who |
| 8 | | served as the Chief Operating Officer of the Authority from |
| 9 | | 1989 to 1999, served as the Chief Operating Officer of the |
| 10 | | Chicago Convention and Tourism Bureau from 1999 to 2004, and |
| 11 | | served as Chairman of the Northern Illinois Transit Regional |
| 12 | | Transportation Authority Board. James Reilly may be removed as |
| 13 | | Trustee only by a joint resolution of the General Assembly |
| 14 | | approved by a majority of members elected to each chamber; and |
| 15 | | the General Assembly shall thereupon notify the Governor, |
| 16 | | Trustee, and interim board upon the adoption of a joint |
| 17 | | resolution creating a vacancy in the position of Trustee of |
| 18 | | the Authority. |
| 19 | | (a-5) In the case of a vacancy in the office of Trustee of |
| 20 | | the Authority, the Governor, with the advice and consent of |
| 21 | | the Senate, shall appoint a Trustee within 5 calendar days. If |
| 22 | | the vacancy occurs during a recess of the Senate, the Governor |
| 23 | | shall make a temporary appointment within 5 calendar days and |
| 24 | | the person shall serve until the next meeting of the Senate, |
| 25 | | when the Governor shall nominate some person to fill the |
| 26 | | office of Trustee. Any person so nominated who is confirmed by |
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| 1 | | the Senate shall hold the office of Trustee during the |
| 2 | | remainder of the term as provided for in this Section. |
| 3 | | Any Trustee of the Authority appointed by the Governor, |
| 4 | | with the advice and consent of the Senate, shall be subject to |
| 5 | | the Governor's removal power provided for under Section 10 of |
| 6 | | Article V of the Illinois Constitution. |
| 7 | | (a-10) If the Trustee of the Authority, or the guardian of |
| 8 | | his or her estate and person, notifies the Governor that he or |
| 9 | | she is unable to perform the duties vested by law in the |
| 10 | | Trustee, then the Governor may designate some person as acting |
| 11 | | Trustee to execute and discharge those duties. When the |
| 12 | | Trustee of the Authority is prepared to resume his or her |
| 13 | | duties, he or she, or the guardian of his or her estate and |
| 14 | | person, shall do so by notifying the Governor. |
| 15 | | (b) It shall be the duty of the Trustee: |
| 16 | | (1) to ensure the proper administration of the |
| 17 | | Authority; |
| 18 | | (2) to submit to the interim board monthly reports |
| 19 | | detailing actions taken and the general status of the |
| 20 | | Authority; |
| 21 | | (3) to report to the General Assembly and Governor no |
| 22 | | later than January 1, 2011, whether Navy Pier should |
| 23 | | remain within the control of the Authority or serve as an |
| 24 | | entity independent from the Authority; |
| 25 | | (4) to enter into an agreement with a contractor or |
| 26 | | private manager to operate the buildings and facilities of |
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| 1 | | the Authority, provided that the agreement is procured |
| 2 | | using a request for proposal process in accordance with |
| 3 | | the Illinois Procurement Code; |
| 4 | | (5) to enter into any agreements to license naming |
| 5 | | rights of any building or facility of the Authority, |
| 6 | | provided the Trustee determines such an agreement is in |
| 7 | | the best interest of the Authority; |
| 8 | | (6) to ensure the proper implementation, |
| 9 | | administration, and enforcement of Section 5.4 of this |
| 10 | | Act; and |
| 11 | | (7) to ensure that any contract of the Authority to |
| 12 | | provide food or beverage in the buildings and facilities |
| 13 | | of the Authority, except Navy Pier, shall be provided at a |
| 14 | | rate not to exceed the cost established in the contract. |
| 15 | | (c) The Trustee shall notify the interim board prior to |
| 16 | | entering into an agreement for a term of more than 24 months or |
| 17 | | with a total value in excess of $100,000. Notification shall |
| 18 | | include the purpose of the agreement, a description of the |
| 19 | | agreement, disclosure of parties to the agreement, and the |
| 20 | | total value of the agreement. Within 10 days after receiving |
| 21 | | notice, the interim board may prohibit the Trustee from |
| 22 | | entering into the agreement by a resolution approved by at |
| 23 | | least 5 members of the interim board. The interim board may |
| 24 | | veto any other action of the Trustee by a resolution approved |
| 25 | | by at least 5 members of the interim board, provided that the |
| 26 | | resolution is adopted within 30 days after the action. |
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| 1 | | (d) Any provision of this Act that requires approval by |
| 2 | | the Chair of the Board or at least the approval of a majority |
| 3 | | of the Board shall be deemed approved if the Trustee approves |
| 4 | | the action, subject to the restrictions in subsection (c). |
| 5 | | (Source: P.A. 96-898, eff. 5-27-10; 96-899, eff. 5-28-10.)
|
| 6 | | Section 15-155. The Regional Planning Act is amended by |
| 7 | | changing Section 10 as follows:
|
| 8 | | (70 ILCS 1707/10) |
| 9 | | Sec. 10. Definitions. As used in this Act: |
| 10 | | "Board" means the Board of the Chicago Metropolitan Agency |
| 11 | | for Planning. |
| 12 | | "CMAP" means the Chicago Metropolitan Agency for Planning. |
| 13 | | "Chief elected county official" means the Board Chair in |
| 14 | | DuPage, Kane, Kendall, Lake, and McHenry Counties and the |
| 15 | | County Executive in Will County. |
| 16 | | "Fiscal year" means the fiscal year of the State. |
| 17 | | "IDOT" means the Illinois Department of Transportation. |
| 18 | | "MPO" means the metropolitan planning organization |
| 19 | | designated under 23 U.S.C. 134. |
| 20 | | "Members" means the members of the Board. |
| 21 | | "Person" means an individual, partnership, firm, public or |
| 22 | | private corporation, State agency, transportation agency, or |
| 23 | | unit of local government. |
| 24 | | "Policy Committee" means the decision-making body of the |
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| 1 | | MPO. |
| 2 | | "Region" or "northeastern Illinois region" means Cook, |
| 3 | | DuPage, Kane, Kendall, Lake, McHenry, and Will Counties. |
| 4 | | "State agency" means "agency" as defined in Section 1-20 |
| 5 | | of the Illinois Administrative Procedure Act. |
| 6 | | "Transportation agency" means the Northern Illinois |
| 7 | | Transit Regional Transportation Authority and its Service |
| 8 | | Boards; the Illinois Toll Highway Authority; the Illinois |
| 9 | | Department of Transportation; and the transportation functions |
| 10 | | of units of local government. |
| 11 | | "Unit of local government" means a unit of local |
| 12 | | government, as defined in Section 1 of Article VII of the |
| 13 | | Illinois Constitution, that is located within the jurisdiction |
| 14 | | and area of operation of the Board. |
| 15 | | "USDOT" means the United States Department of |
| 16 | | Transportation. |
| 17 | | (Source: P.A. 103-986, eff. 1-1-25; revised 7-10-25.)
|
| 18 | | Section 15-160. The Local Mass Transit District Act is |
| 19 | | amended by changing Sections 3.1, 5.05, and 8.5 as follows:
|
| 20 | | (70 ILCS 3610/3.1) (from Ch. 111 2/3, par. 353.1) |
| 21 | | Sec. 3.1. Also in the manner provided in this Act as |
| 22 | | amended, a "Local Mass Transit District" may be created with a |
| 23 | | boundary to enclose a unit area of contiguous land, to be known |
| 24 | | as the "participating area". Such a "participating area" may |
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| 1 | | be organized as a district under this Act without regard to |
| 2 | | boundaries of counties or other political subdivisions or |
| 3 | | municipal corporations. |
| 4 | | (a) Any 500 or more legal voters who are residents within |
| 5 | | such "participating area" may file a petition in the circuit |
| 6 | | court of the county where the proposed district or a major part |
| 7 | | thereof is located, asking that the question of creating such |
| 8 | | district be submitted under this Act by referendum to the |
| 9 | | voters residing within the proposed district. By their power |
| 10 | | of attorney signed by them and filed in the cause the |
| 11 | | petitioners may authorize a committee of their number named by |
| 12 | | the petitioners, to conduct and pursue the cause for them to a |
| 13 | | conclusion. Such petition shall define the boundaries of the |
| 14 | | proposed district, shall indicate distances to nearest mass |
| 15 | | transportation lines in each direction, naming them, shall |
| 16 | | have attached a fair map of the proposed district, and shall |
| 17 | | suggest a name for the proposed district. |
| 18 | | (b) The circuit clerk shall present to the circuit judge |
| 19 | | any petition so filed in the court. The judge shall enter an |
| 20 | | order of record to set a date, hour and place for judicial |
| 21 | | hearing on the petition. That order shall include instructions |
| 22 | | to the circuit clerk to give notice by newspaper publication |
| 23 | | to be made and completed at least 20 days before the hearing is |
| 24 | | to be held, in 2 or more newspapers published or circulating |
| 25 | | generally among the people residing within the proposed |
| 26 | | district. The circuit clerk shall prepare that notice and |
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| 1 | | cause such publication notice to be given as directed. |
| 2 | | (c) After proof of such newspaper publication of notice |
| 3 | | has been made and filed in the cause and shown to the court in |
| 4 | | full accord with the prior order, the circuit judge shall hear |
| 5 | | all persons who attend and so request, as to location and |
| 6 | | boundary and name for the proposed district. After the hearing |
| 7 | | on such petition is completed, the circuit court by an order of |
| 8 | | record, shall determine and establish the location, name and |
| 9 | | boundary for such proposed district, and shall order the |
| 10 | | proposition submitted at an election in accordance with the |
| 11 | | general election law to the voters resident within such |
| 12 | | proposed district. The circuit clerk shall certify the |
| 13 | | proposition to the proper election officials who shall submit |
| 14 | | the proposition in accordance with the general election law. |
| 15 | | (d) The county clerk shall canvass the ballots and other |
| 16 | | returns from such referendum, and prepare a full certification |
| 17 | | of the result and shall file the same in the cause pending in |
| 18 | | the circuit court. When the vote is in favor of the creation of |
| 19 | | such district as determined by the court order, a true map of |
| 20 | | such district shall be filed with such report in the circuit |
| 21 | | court. |
| 22 | | (e) When the vote is in favor of creation of such district, |
| 23 | | the circuit court by an order of record shall confirm the |
| 24 | | result of the election. If the district is wholly contained |
| 25 | | within a single county the presiding officer of the county |
| 26 | | board with the advice and consent of the county board shall |
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| 1 | | appoint 5 trustees, not more than 3 of whom shall be affiliated |
| 2 | | with the same political party, to govern the district and |
| 3 | | serve one each for 1, 2, 3, 4 and 5 years respectively; upon |
| 4 | | the expiration of the term of a trustee who is in office on the |
| 5 | | effective date of this amendatory Act of 1989, the successor |
| 6 | | shall, at the time of the appointment, and thereafter at all |
| 7 | | times while serving as trustee, be a resident of the Mass |
| 8 | | Transit District for which such person is appointed as |
| 9 | | trustee. If a trustee removes his residence to a place outside |
| 10 | | of the District, a trustee shall be appointed in the same |
| 11 | | manner as herein provided to take the place of the trustee who |
| 12 | | so removed his residence. If however the district is located |
| 13 | | in more than one county, the number of trustees who are |
| 14 | | residents of a county shall be in proportion, as nearly as |
| 15 | | practicable, to the number of residents of the district who |
| 16 | | reside in that county in relation to the total population of |
| 17 | | the district. |
| 18 | | Upon the expiration of the term of a trustee who is in |
| 19 | | office on the effective date of this amendatory Act of 1975, |
| 20 | | the successor shall be a resident of whichever county is |
| 21 | | entitled to such representation in order to bring about the |
| 22 | | proportional representation required herein, and he shall be |
| 23 | | appointed by the county board of that county, or in the case of |
| 24 | | a home rule county as defined by Article VII, Section 6 of the |
| 25 | | Constitution of 1970, the chief executive officer of that |
| 26 | | county, with the advice and consent of the county board in |
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| 1 | | accordance with the provisions previously enumerated. |
| 2 | | Successors shall serve 5 year overlapping terms. |
| 3 | | Thereafter, each trustee shall be succeeded by a resident |
| 4 | | of the same county who shall be appointed by the same |
| 5 | | appointing authority; however, the provisions of the preceding |
| 6 | | paragraph shall apply to the appointment of the successor to |
| 7 | | each trustee who is in office at the time of the publication of |
| 8 | | each decennial Federal census of population. |
| 9 | | (f) Upon the creation of such district, the circuit clerk |
| 10 | | shall prepare and certify a copy of the final court order |
| 11 | | confirming the referendum creating the district, and a |
| 12 | | duplicate of the map of such district, from the record of the |
| 13 | | circuit court, and shall file the same with the county clerk |
| 14 | | for recording in his office as "Certificate of Incorporation" |
| 15 | | for the district. The county clerk shall cause a duplicate of |
| 16 | | such "Certificate of Incorporation" to be filed in the office |
| 17 | | of the Secretary of State of Illinois. |
| 18 | | (g) The Board of Trustees of such "Local Mass Transit |
| 19 | | District" shall have and exercise all the powers and shall |
| 20 | | perform all the duties of any Board of Trustees of any district |
| 21 | | created under this Act, as now or hereafter amended. |
| 22 | | (h) The circuit court shall require the petitioners to |
| 23 | | post a surety bond for the payment of all costs and expenses of |
| 24 | | such proceeding and such referendum. When a district is |
| 25 | | created, the circuit court shall order the district to pay or |
| 26 | | reimburse others for all such costs and expenses. The surety |
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| 1 | | bond shall not be released until complete receipts for all |
| 2 | | such costs and expenses have been filed in the cause and fully |
| 3 | | audited by the circuit and county clerks. |
| 4 | | (i) If the District is wholly contained within a single |
| 5 | | county, the County Board of such county may, by resolution, |
| 6 | | provide that, effective upon the next appointment of a |
| 7 | | Trustee, after the effective date of this amendatory Act of |
| 8 | | 1989, that the Board of Trustees of such Mass Transit District |
| 9 | | shall be comprised of 7 Trustees, with no more than 4 members |
| 10 | | of the same political party. This Subsection shall not apply |
| 11 | | to any Mass Transit District in the State which receives |
| 12 | | funding in whole or in part from the Northern Illinois Transit |
| 13 | | Regional Transportation Authority or any of its service |
| 14 | | boards. |
| 15 | | (Source: P.A. 86-472.)
|
| 16 | | (70 ILCS 3610/5.05) (from Ch. 111 2/3, par. 355.05) |
| 17 | | Sec. 5.05. In addition to all its other powers, each |
| 18 | | District shall, in all its dealings with the Northern Illinois |
| 19 | | Transit Regional Transportation Authority established by the |
| 20 | | "Northern Illinois Transit Regional Transportation Authority |
| 21 | | Act", enacted by the 78th General Assembly, have the following |
| 22 | | powers: |
| 23 | | (a) to cooperate with the Northern Illinois Transit |
| 24 | | Regional Transportation Authority in the exercise by the |
| 25 | | Northern Illinois Transit Regional Transportation Authority of |
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| 1 | | all the powers granted it by such Act; |
| 2 | | (b) to receive funds from the Northern Illinois Transit |
| 3 | | Regional Transportation Authority upon such terms and |
| 4 | | conditions as shall be set forth in an agreement between the |
| 5 | | District and the Northern Illinois Transit Regional |
| 6 | | Transportation Authority, which contract or agreement may be |
| 7 | | for such number of years or duration as the Authority and the |
| 8 | | District may agree, all as provided in the "Northern Illinois |
| 9 | | Transit Regional Transportation Authority Act"; |
| 10 | | (c) to receive financial grants from a Service Board, as |
| 11 | | defined in the "Northern Illinois Transit Regional |
| 12 | | Transportation Authority Act", upon such terms and conditions |
| 13 | | as shall be set forth in a Purchase of Service Agreement or |
| 14 | | other grant contact between the District and the Service |
| 15 | | Board, which contract or agreement may be for such number of |
| 16 | | years or duration as the Service Board and the District may |
| 17 | | agree, all as provided in the "Northern Illinois Transit |
| 18 | | Regional Transportation Authority Act"; |
| 19 | | (d) to acquire from the Northern Illinois Transit Regional |
| 20 | | Transportation Authority or Service Board any Public |
| 21 | | Transportation Facility, as defined in the Northern Illinois |
| 22 | | Transit "Regional Transportation Authority Act", by purchase |
| 23 | | contract, gift, grant, exchange for other property or rights |
| 24 | | in property, lease (or sublease) or installment or conditional |
| 25 | | purchase contracts, which contracts or leases may provide for |
| 26 | | consideration to be paid in annual installments during a |
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| 1 | | period not exceeding 40 years; such property may be acquired |
| 2 | | subject to such conditions, restrictions, liens or security or |
| 3 | | other interests of other parties as the District may deem |
| 4 | | appropriate and in each case the District may acquire a joint, |
| 5 | | leasehold, easement, license or other partial interest in such |
| 6 | | property; |
| 7 | | (e) to sell, sell by installment contract, lease (or |
| 8 | | sublease) as lessor, or transfer to, or grant to or provide for |
| 9 | | the use by the Northern Illinois Transit Regional |
| 10 | | Transportation Authority or a Service Board any Public |
| 11 | | Transportation Facility, as defined in the "Northern Illinois |
| 12 | | Transit Regional Transportation Authority Act" upon such terms |
| 13 | | and for such consideration, as the District may deem proper; |
| 14 | | (f) to cooperate with the Northern Illinois Transit |
| 15 | | Regional Transportation Authority or a Service Board for the |
| 16 | | protection of employees of the District and users of public |
| 17 | | transportation facilities against crime and also to protect |
| 18 | | such facilities, but neither the District, the member of its |
| 19 | | Board nor its officers or employees shall be held liable for |
| 20 | | failure to provide a security or police force, or, if a |
| 21 | | security or police force is provided, for failure to provide |
| 22 | | adequate police protection or security, failure to prevent the |
| 23 | | commission of crimes by fellow passengers or other third |
| 24 | | persons or for the failure to apprehend criminals; and |
| 25 | | (g) to file such reports with and transfer such records, |
| 26 | | papers or documents to the Northern Illinois Transit Regional |
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| 1 | | Transportation Authority or a Service Board as may be agreed |
| 2 | | upon with, or required by, the Northern Illinois Transit |
| 3 | | Regional Transportation Authority or a Service Board. |
| 4 | | In exercising any of the powers granted in this Section, |
| 5 | | the District shall not be subject to the provisions of any Act |
| 6 | | making public bidding or notice a requirement of any purchase |
| 7 | | or sale by a District. |
| 8 | | (Source: P.A. 84-939.)
|
| 9 | | (70 ILCS 3610/8.5) (from Ch. 111 2/3, par. 358.5) |
| 10 | | Sec. 8.5. In addition to any other method provided for |
| 11 | | annexation under this Act, any territory, except property |
| 12 | | classified as farmland, which (1) lies within the corporate |
| 13 | | limits of a municipality as defined in this Act, (2) is |
| 14 | | contiguous to a local mass transit district organized under |
| 15 | | this Act, and (3) is not a part of another local mass transit |
| 16 | | district, may be annexed by the contiguous local mass transit |
| 17 | | district, by ordinance, after a public hearing has been held |
| 18 | | thereon by the board of trustees of the district at a location |
| 19 | | within the territory sought to be annexed, or within 1 mile of |
| 20 | | any part of the territory sought to be annexed. The annexing |
| 21 | | district shall cause to be published three times in a |
| 22 | | newspaper having general circulation within the area |
| 23 | | considered for annexation, at least 30 days prior to the |
| 24 | | public hearing thereon, a notice that the local mass transit |
| 25 | | district is considering the annexation of the territory |
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| 1 | | specified. The notice shall also state the date, time and |
| 2 | | place of the public hearing. The annexing district shall cause |
| 3 | | to be delivered to each owner of a parcel of land which is 5 or |
| 4 | | more acres, which land is proposed to be annexed in whole or in |
| 5 | | part, a written notice containing the information required to |
| 6 | | be included in the published notice. The notice shall be |
| 7 | | delivered by first-class first class mail so that said notice |
| 8 | | arrives 30 days in advance of the public hearing. The board of |
| 9 | | trustees of the district shall give due consideration to all |
| 10 | | testimony. For the purposes of this Section "property |
| 11 | | classified as farmland" shall mean property classified as |
| 12 | | farmland for assessment purposes pursuant to the Property Tax |
| 13 | | Code. This Section shall not apply to any mass transit |
| 14 | | district in the State which receives funding in whole or in |
| 15 | | part from the Northern Illinois Transit Regional |
| 16 | | Transportation Authority or any of its service boards. |
| 17 | | (Source: P.A. 88-670, eff. 12-2-94.)
|
| 18 | | Section 15-165. The Water Commission Act of 1985 is |
| 19 | | amended by changing Section 4 as follows:
|
| 20 | | (70 ILCS 3720/4) (from Ch. 111 2/3, par. 254) |
| 21 | | Sec. 4. Taxes. |
| 22 | | (a) The board of commissioners of any county water |
| 23 | | commission may, by ordinance, impose throughout the territory |
| 24 | | of the commission any or all of the taxes provided in this |
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| 1 | | Section for its corporate purposes. However, no county water |
| 2 | | commission may impose any such tax unless the commission |
| 3 | | certifies the proposition of imposing the tax to the proper |
| 4 | | election officials, who shall submit the proposition to the |
| 5 | | voters residing in the territory at an election in accordance |
| 6 | | with the general election law, and the proposition has been |
| 7 | | approved by a majority of those voting on the proposition. |
| 8 | | The proposition shall be in the form provided in Section 5 |
| 9 | | or shall be substantially in the following form: |
| 10 | | -------------
|
| 11 | | Shall the (insert corporate
|
| 12 | | name of county water commission) YES
|
| 13 | | impose (state type of tax or ------------------------
|
| 14 | | taxes to be imposed) at the NO
|
| 15 | | rate of 1/4%?
|
| 16 | | ------------------------------------------------------------- |
| 17 | | Taxes imposed under this Section and civil penalties |
| 18 | | imposed incident thereto shall be collected and enforced by |
| 19 | | the State Department of Revenue. The Department shall have the |
| 20 | | power to administer and enforce the taxes and to determine all |
| 21 | | rights for refunds for erroneous payments of the taxes. |
| 22 | | (b) The board of commissioners may impose a County Water |
| 23 | | Commission Retailers' Occupation Tax upon all persons engaged |
| 24 | | in the business of selling tangible personal property at |
| 25 | | retail in the territory of the commission at a rate of 1/4% of |
| 26 | | the gross receipts from the sales made in the course of such |
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| 1 | | business within the territory. Beginning January 1, 2021, this |
| 2 | | tax is not imposed on sales of aviation fuel for so long as the |
| 3 | | revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. |
| 4 | | 47133 are binding on the District. |
| 5 | | The tax imposed under this paragraph and all civil |
| 6 | | penalties that may be assessed as an incident thereof shall be |
| 7 | | collected and enforced by the State Department of Revenue. The |
| 8 | | Department shall have full power to administer and enforce |
| 9 | | this paragraph; to collect all taxes and penalties due |
| 10 | | hereunder; to dispose of taxes and penalties so collected in |
| 11 | | the manner hereinafter provided; and to determine all rights |
| 12 | | to credit memoranda arising on account of the erroneous |
| 13 | | payment of tax or penalty hereunder. In the administration of, |
| 14 | | and compliance with, this paragraph, the Department and |
| 15 | | persons who are subject to this paragraph shall have the same |
| 16 | | rights, remedies, privileges, immunities, powers and duties, |
| 17 | | and be subject to the same conditions, restrictions, |
| 18 | | limitations, penalties, exclusions, exemptions and definitions |
| 19 | | of terms, and employ the same modes of procedure, as are |
| 20 | | prescribed in Sections 1, 1a, 1a-1, 1c, 1d, 1e, 1f, 1i, 1j, 2 |
| 21 | | through 2-65 (in respect to all provisions therein other than |
| 22 | | the State rate of tax except that tangible personal property |
| 23 | | taxed at the 1% rate under the Retailers' Occupation Tax Act |
| 24 | | shall not be subject to tax hereunder), 2c, 3 (except as to the |
| 25 | | disposition of taxes and penalties collected, and except that |
| 26 | | the retailer's discount is not allowed for taxes paid on |
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| 1 | | aviation fuel sold on or after December 1, 2019 and through |
| 2 | | December 31, 2020), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, |
| 3 | | 5j, 5k, 5l, 6, 6a, 6b, 6c, 6d, 7, 8, 9, 10, 11, 12, and 13 of |
| 4 | | the Retailers' Occupation Tax Act and Section 3-7 of the |
| 5 | | Uniform Penalty and Interest Act, as fully as if those |
| 6 | | provisions were set forth herein. |
| 7 | | Persons subject to any tax imposed under the authority |
| 8 | | granted in this paragraph may reimburse themselves for their |
| 9 | | seller's tax liability hereunder by separately stating the tax |
| 10 | | as an additional charge, which charge may be stated in |
| 11 | | combination, in a single amount, with State taxes that sellers |
| 12 | | are required to collect under the Use Tax Act and under |
| 13 | | subsection (e) of Section 4.03 of the Northern Illinois |
| 14 | | Transit Regional Transportation Authority Act, in accordance |
| 15 | | with such bracket schedules as the Department may prescribe. |
| 16 | | Whenever the Department determines that a refund should be |
| 17 | | made under this paragraph to a claimant instead of issuing a |
| 18 | | credit memorandum, the Department shall notify the State |
| 19 | | Comptroller, who shall cause the warrant to be drawn for the |
| 20 | | amount specified, and to the person named, in the notification |
| 21 | | from the Department. The refund shall be paid by the State |
| 22 | | Treasurer out of a county water commission tax fund |
| 23 | | established under subsection (g) of this Section. |
| 24 | | For the purpose of determining whether a tax authorized |
| 25 | | under this paragraph is applicable, a retail sale by a |
| 26 | | producer of coal or other mineral mined in Illinois is a sale |
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| 1 | | at retail at the place where the coal or other mineral mined in |
| 2 | | Illinois is extracted from the earth. This paragraph does not |
| 3 | | apply to coal or other mineral when it is delivered or shipped |
| 4 | | by the seller to the purchaser at a point outside Illinois so |
| 5 | | that the sale is exempt under the Federal Constitution as a |
| 6 | | sale in interstate or foreign commerce. |
| 7 | | If a tax is imposed under this subsection (b), a tax shall |
| 8 | | also be imposed under subsections (c) and (d) of this Section. |
| 9 | | No tax shall be imposed or collected under this subsection |
| 10 | | on the sale of a motor vehicle in this State to a resident of |
| 11 | | another state if that motor vehicle will not be titled in this |
| 12 | | State. |
| 13 | | Nothing in this paragraph shall be construed to authorize |
| 14 | | a county water commission to impose a tax upon the privilege of |
| 15 | | engaging in any business which under the Constitution of the |
| 16 | | United States may not be made the subject of taxation by this |
| 17 | | State. |
| 18 | | (c) If a tax has been imposed under subsection (b), a |
| 19 | | County Water Commission Service Occupation Tax shall also be |
| 20 | | imposed upon all persons engaged, in the territory of the |
| 21 | | commission, in the business of making sales of service, who, |
| 22 | | as an incident to making the sales of service, transfer |
| 23 | | tangible personal property within the territory. The tax rate |
| 24 | | shall be 1/4% of the selling price of tangible personal |
| 25 | | property so transferred within the territory. Beginning |
| 26 | | January 1, 2021, this tax is not imposed on sales of aviation |
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| 1 | | fuel for so long as the revenue use requirements of 49 U.S.C. |
| 2 | | 47107(b) and 49 U.S.C. 47133 are binding on the District. |
| 3 | | The tax imposed under this paragraph and all civil |
| 4 | | penalties that may be assessed as an incident thereof shall be |
| 5 | | collected and enforced by the State Department of Revenue. The |
| 6 | | Department shall have full power to administer and enforce |
| 7 | | this paragraph; to collect all taxes and penalties due |
| 8 | | hereunder; to dispose of taxes and penalties so collected in |
| 9 | | the manner hereinafter provided; and to determine all rights |
| 10 | | to credit memoranda arising on account of the erroneous |
| 11 | | payment of tax or penalty hereunder. In the administration of, |
| 12 | | and compliance with, this paragraph, the Department and |
| 13 | | persons who are subject to this paragraph shall have the same |
| 14 | | rights, remedies, privileges, immunities, powers and duties, |
| 15 | | and be subject to the same conditions, restrictions, |
| 16 | | limitations, penalties, exclusions, exemptions and definitions |
| 17 | | of terms, and employ the same modes of procedure, as are |
| 18 | | prescribed in Sections 1a-1, 2 (except that the reference to |
| 19 | | State in the definition of supplier maintaining a place of |
| 20 | | business in this State shall mean the territory of the |
| 21 | | commission), 2a, 3 through 3-50 (in respect to all provisions |
| 22 | | therein other than the State rate of tax except that tangible |
| 23 | | personal property taxed at the 1% rate under the Service |
| 24 | | Occupation Tax Act shall not be subject to tax hereunder), 4 |
| 25 | | (except that the reference to the State shall be to the |
| 26 | | territory of the commission), 5, 7, 8 (except that the |
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| 1 | | jurisdiction to which the tax shall be a debt to the extent |
| 2 | | indicated in that Section 8 shall be the commission), 9 |
| 3 | | (except as to the disposition of taxes and penalties collected |
| 4 | | and except that the returned merchandise credit for this tax |
| 5 | | may not be taken against any State tax, and except that the |
| 6 | | retailer's discount is not allowed for taxes paid on aviation |
| 7 | | fuel sold on or after December 1, 2019 and through December 31, |
| 8 | | 2020), 10, 11, 12 (except the reference therein to Section 2b |
| 9 | | of the Retailers' Occupation Tax Act), 13 (except that any |
| 10 | | reference to the State shall mean the territory of the |
| 11 | | commission), the first paragraph of Section 15, 15.5, 16, 17, |
| 12 | | 18, 19, and 20 of the Service Occupation Tax Act as fully as if |
| 13 | | those provisions were set forth herein. |
| 14 | | Persons subject to any tax imposed under the authority |
| 15 | | granted in this paragraph may reimburse themselves for their |
| 16 | | serviceman's tax liability hereunder by separately stating the |
| 17 | | tax as an additional charge, which charge may be stated in |
| 18 | | combination, in a single amount, with State tax that |
| 19 | | servicemen are authorized to collect under the Service Use Tax |
| 20 | | Act, and any tax for which servicemen may be liable under |
| 21 | | subsection (f) of Section 4.03 of the Northern Illinois |
| 22 | | Transit Regional Transportation Authority Act, in accordance |
| 23 | | with such bracket schedules as the Department may prescribe. |
| 24 | | Whenever the Department determines that a refund should be |
| 25 | | made under this paragraph to a claimant instead of issuing a |
| 26 | | credit memorandum, the Department shall notify the State |
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| 1 | | Comptroller, who shall cause the warrant to be drawn for the |
| 2 | | amount specified, and to the person named, in the notification |
| 3 | | from the Department. The refund shall be paid by the State |
| 4 | | Treasurer out of a county water commission tax fund |
| 5 | | established under subsection (g) of this Section. |
| 6 | | Nothing in this paragraph shall be construed to authorize |
| 7 | | a county water commission to impose a tax upon the privilege of |
| 8 | | engaging in any business which under the Constitution of the |
| 9 | | United States may not be made the subject of taxation by the |
| 10 | | State. |
| 11 | | (d) If a tax has been imposed under subsection (b), a tax |
| 12 | | shall also be imposed upon the privilege of using, in the |
| 13 | | territory of the commission, any item of tangible personal |
| 14 | | property that is purchased outside the territory at retail |
| 15 | | from a retailer, and that is titled or registered with an |
| 16 | | agency of this State's government, at a rate of 1/4% of the |
| 17 | | selling price of the tangible personal property within the |
| 18 | | territory, as "selling price" is defined in the Use Tax Act. |
| 19 | | The tax shall be collected from persons whose Illinois address |
| 20 | | for titling or registration purposes is given as being in the |
| 21 | | territory. The tax shall be collected by the Department of |
| 22 | | Revenue for a county water commission. The tax must be paid to |
| 23 | | the State, or an exemption determination must be obtained from |
| 24 | | the Department of Revenue, before the title or certificate of |
| 25 | | registration for the property may be issued. The tax or proof |
| 26 | | of exemption may be transmitted to the Department by way of the |
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| 1 | | State agency with which, or the State officer with whom, the |
| 2 | | tangible personal property must be titled or registered if the |
| 3 | | Department and the State agency or State officer determine |
| 4 | | that this procedure will expedite the processing of |
| 5 | | applications for title or registration. |
| 6 | | The Department shall have full power to administer and |
| 7 | | enforce this paragraph; to collect all taxes, penalties, and |
| 8 | | interest due hereunder; to dispose of taxes, penalties, and |
| 9 | | interest so collected in the manner hereinafter provided; and |
| 10 | | to determine all rights to credit memoranda or refunds arising |
| 11 | | on account of the erroneous payment of tax, penalty, or |
| 12 | | interest hereunder. In the administration of and compliance |
| 13 | | with this paragraph, the Department and persons who are |
| 14 | | subject to this paragraph shall have the same rights, |
| 15 | | remedies, privileges, immunities, powers, and duties, and be |
| 16 | | subject to the same conditions, restrictions, limitations, |
| 17 | | penalties, exclusions, exemptions, and definitions of terms |
| 18 | | and employ the same modes of procedure, as are prescribed in |
| 19 | | Sections 2 (except the definition of "retailer maintaining a |
| 20 | | place of business in this State"), 3 through 3-80 (except |
| 21 | | provisions pertaining to the State rate of tax, and except |
| 22 | | provisions concerning collection or refunding of the tax by |
| 23 | | retailers), 4, 11, 12, 12a, 14, 15, 19 (except the portions |
| 24 | | pertaining to claims by retailers and except the last |
| 25 | | paragraph concerning refunds), 20, 21, and 22 of the Use Tax |
| 26 | | Act and Section 3-7 of the Uniform Penalty and Interest Act |
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| 1 | | that are not inconsistent with this paragraph, as fully as if |
| 2 | | those provisions were set forth herein. |
| 3 | | Whenever the Department determines that a refund should be |
| 4 | | made under this paragraph to a claimant instead of issuing a |
| 5 | | credit memorandum, the Department shall notify the State |
| 6 | | Comptroller, who shall cause the order to be drawn for the |
| 7 | | amount specified, and to the person named, in the notification |
| 8 | | from the Department. The refund shall be paid by the State |
| 9 | | Treasurer out of a county water commission tax fund |
| 10 | | established under subsection (g) of this Section. |
| 11 | | (e) A certificate of registration issued by the State |
| 12 | | Department of Revenue to a retailer under the Retailers' |
| 13 | | Occupation Tax Act or under the Service Occupation Tax Act |
| 14 | | shall permit the registrant to engage in a business that is |
| 15 | | taxed under the tax imposed under subsection (b), (c), or (d) |
| 16 | | of this Section and no additional registration shall be |
| 17 | | required under the tax. A certificate issued under the Use Tax |
| 18 | | Act or the Service Use Tax Act shall be applicable with regard |
| 19 | | to any tax imposed under subsection (c) of this Section. |
| 20 | | (f) Any ordinance imposing or discontinuing any tax under |
| 21 | | this Section shall be adopted and a certified copy thereof |
| 22 | | filed with the Department on or before June 1, whereupon the |
| 23 | | Department of Revenue shall proceed to administer and enforce |
| 24 | | this Section on behalf of the county water commission as of |
| 25 | | September 1 next following the adoption and filing. Beginning |
| 26 | | January 1, 1992, an ordinance or resolution imposing or |
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| 1 | | discontinuing the tax hereunder shall be adopted and a |
| 2 | | certified copy thereof filed with the Department on or before |
| 3 | | the first day of July, whereupon the Department shall proceed |
| 4 | | to administer and enforce this Section as of the first day of |
| 5 | | October next following such adoption and filing. Beginning |
| 6 | | January 1, 1993, an ordinance or resolution imposing or |
| 7 | | discontinuing the tax hereunder shall be adopted and a |
| 8 | | certified copy thereof filed with the Department on or before |
| 9 | | the first day of October, whereupon the Department shall |
| 10 | | proceed to administer and enforce this Section as of the first |
| 11 | | day of January next following such adoption and filing. |
| 12 | | (g) The State Department of Revenue shall, upon collecting |
| 13 | | any taxes as provided in this Section, pay the taxes over to |
| 14 | | the State Treasurer as trustee for the commission. The taxes |
| 15 | | shall be held in a trust fund outside the State treasury |
| 16 | | Treasury. |
| 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 State |
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| 1 | | Department of Revenue shall prepare and certify to the |
| 2 | | Comptroller of the State of Illinois the amount to be paid to |
| 3 | | the commission, which shall be the amount (not including |
| 4 | | credit memoranda) collected under this Section during the |
| 5 | | second preceding calendar month by the Department plus an |
| 6 | | amount the Department determines is necessary to offset any |
| 7 | | amounts that were erroneously paid to a different taxing body, |
| 8 | | and not including any amount equal to the amount of refunds |
| 9 | | made during the second preceding calendar month by the |
| 10 | | Department on behalf of the commission, and not including any |
| 11 | | amount that the Department determines is necessary to offset |
| 12 | | any amounts that were payable to a different taxing body but |
| 13 | | were erroneously paid to the commission, and less any amounts |
| 14 | | that are transferred to the STAR Bonds Revenue Fund, less 1.5% |
| 15 | | of the remainder, which shall be transferred into the Tax |
| 16 | | Compliance and Administration Fund. The Department, at the |
| 17 | | time of each monthly disbursement to the commission, shall |
| 18 | | prepare and certify to the State Comptroller the amount to be |
| 19 | | transferred into the Tax Compliance and Administration Fund |
| 20 | | under this subsection. Within 10 days after receipt by the |
| 21 | | Comptroller of the certification of the amount to be paid to |
| 22 | | the commission and the Tax Compliance and Administration Fund, |
| 23 | | the Comptroller shall cause an order to be drawn for the |
| 24 | | payment for the amount in accordance with the direction in the |
| 25 | | certification. |
| 26 | | (h) Beginning June 1, 2016, any tax imposed pursuant to |
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| 1 | | this Section may no longer be imposed or collected, unless a |
| 2 | | continuation of the tax is approved by the voters at a |
| 3 | | referendum as set forth in this Section. |
| 4 | | (Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18; |
| 5 | | 100-863, eff. 8-14-18; 100-1171, eff. 1-4-19; 101-10, eff. |
| 6 | | 6-5-19; 101-81, eff. 7-12-19; 101-604, eff. 12-13-19.)
|
| 7 | | Section 15-170. The School Code is amended by changing |
| 8 | | Sections 29-5 and 34-4 as follows:
|
| 9 | | (105 ILCS 5/29-5) (from Ch. 122, par. 29-5) |
| 10 | | Sec. 29-5. Reimbursement by State for transportation. Any |
| 11 | | school district or State-authorized charter school, |
| 12 | | maintaining a school, transporting resident pupils to another |
| 13 | | school district's vocational program, offered through a joint |
| 14 | | agreement approved by the State Board of Education, as |
| 15 | | provided in Section 10-22.22 or transporting its resident |
| 16 | | pupils to a school which meets the standards for recognition |
| 17 | | as established by the State Board of Education which provides |
| 18 | | transportation meeting the standards of safety, comfort, |
| 19 | | convenience, efficiency and operation prescribed by the State |
| 20 | | Board of Education for resident pupils in kindergarten or any |
| 21 | | of grades 1 through 12 who: (a) reside at least 1 1/2 miles as |
| 22 | | measured by the customary route of travel, from the school |
| 23 | | attended; or (b) reside in areas where conditions are such |
| 24 | | that walking constitutes a hazard to the safety of the child |
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| 1 | | when determined under Section 29-3; and (c) are transported to |
| 2 | | the school attended from pick-up points at the beginning of |
| 3 | | the school day and back again at the close of the school day or |
| 4 | | transported to and from their assigned attendance centers |
| 5 | | during the school day shall be reimbursed by the State as |
| 6 | | hereinafter provided in this Section. |
| 7 | | The State will pay the prorated allowable cost of |
| 8 | | transporting eligible pupils less the real equalized assessed |
| 9 | | valuation as computed under paragraph (3) of subsection (d) of |
| 10 | | Section 18-8.15 in a dual school district maintaining |
| 11 | | secondary grades 9 to 12 inclusive times a qualifying rate of |
| 12 | | .05%; in elementary school districts maintaining grades K to 8 |
| 13 | | times a qualifying rate of .06%; and in unit districts |
| 14 | | maintaining grades K to 12, including partial elementary unit |
| 15 | | districts formed pursuant to Article 11E, times a qualifying |
| 16 | | rate of .07%. For a State-authorized charter school, the State |
| 17 | | shall pay the prorated allowable cost of transporting eligible |
| 18 | | pupils less a real equalized assessed valuation calculated |
| 19 | | pursuant to this Section times a qualifying rate. For purposes |
| 20 | | of calculating the real equalized assessed valuation for a |
| 21 | | State-authorized charter school whose resident district is not |
| 22 | | a school district organized under Article 34 of this Code, the |
| 23 | | State Board of Education shall calculate the average of the |
| 24 | | number of students in grades kindergarten through 12 reported |
| 25 | | as enrolled in the charter school in the State Board's Student |
| 26 | | Information System on October 1 and March 1 of the immediately |
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| 1 | | preceding school year. That value shall be divided by the |
| 2 | | average of the number of students in grades kindergarten |
| 3 | | through 12 reported as enrolled in the charter school's |
| 4 | | resident district on October 1 and March 1 of the immediately |
| 5 | | preceding school year. That proportion shall be multiplied by |
| 6 | | the real equalized assessed valuation as computed under |
| 7 | | paragraph (3) of subsection (d) of Section 18-8.15 for each |
| 8 | | State-authorized charter school's applicable resident |
| 9 | | district. A State-authorized charter school whose resident |
| 10 | | district is organized under Article 34 of this Code shall have |
| 11 | | a real equalized assessed valuation equal to the real |
| 12 | | equalized assessed valuation of its resident district as |
| 13 | | computed under paragraph (3) of subsection (d) of Section |
| 14 | | 18-8.15. A State-authorized charter school's qualifying rate |
| 15 | | shall be the same as the rate that applies to the charter |
| 16 | | school's resident district. |
| 17 | | To be eligible to receive reimbursement in excess of 4/5 |
| 18 | | of the cost to transport eligible pupils, a school district or |
| 19 | | partial elementary unit district formed pursuant to Article |
| 20 | | 11E shall have a Transportation Fund tax rate of at least .12%. |
| 21 | | The Transportation Fund tax rate for a partial elementary unit |
| 22 | | district formed pursuant Article 11E shall be the combined |
| 23 | | elementary and high school rates pursuant to paragraph (4) of |
| 24 | | subsection (a) of Section 18-8.15. |
| 25 | | If a school district or partial elementary unit district |
| 26 | | formed pursuant to Article 11E does not have a .12% |
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| 1 | | Transportation Fund tax rate, the amount of its claim in |
| 2 | | excess of 4/5 of the cost of transporting pupils shall be |
| 3 | | reduced by the sum arrived at by subtracting the |
| 4 | | Transportation Fund tax rate from .12% and multiplying that |
| 5 | | amount by the district's real equalized assessed valuation as |
| 6 | | computed under paragraph (3) of subsection (d) of Section |
| 7 | | 18-8.15, provided that in no case shall said reduction result |
| 8 | | in reimbursement of less than 4/5 of the cost to transport |
| 9 | | eligible pupils. No such adjustment may be applied to a claim |
| 10 | | filed by a State-authorized charter school. |
| 11 | | Subject to the calculation of equalized assessed |
| 12 | | valuation, an adjustment for an insufficient tax rate, and the |
| 13 | | use of a qualifying rate as provided in this Section, a |
| 14 | | State-authorized charter school may make a claim for |
| 15 | | reimbursement by the State that is calculated in the same |
| 16 | | manner as a school district. |
| 17 | | The minimum amount to be received by a district is $16 |
| 18 | | times the number of eligible pupils transported. |
| 19 | | When calculating the reimbursement for transportation |
| 20 | | costs, the State Board of Education may not deduct the number |
| 21 | | of pupils enrolled in early education programs from the number |
| 22 | | of pupils eligible for reimbursement if the pupils enrolled in |
| 23 | | the early education programs are transported at the same time |
| 24 | | as other eligible pupils. |
| 25 | | Any such district transporting resident pupils during the |
| 26 | | school day to an area vocational school or another school |
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| 1 | | district's vocational program more than 1 1/2 miles from the |
| 2 | | school attended, as provided in Sections 10-22.20a and |
| 3 | | 10-22.22, shall be reimbursed by the State for 4/5 of the cost |
| 4 | | of transporting eligible pupils. |
| 5 | | School day means that period of time during which the |
| 6 | | pupil is required to be in attendance for instructional |
| 7 | | purposes. |
| 8 | | If a pupil is at a location within the school district |
| 9 | | other than his residence for child care purposes at the time |
| 10 | | for transportation to school, that location may be considered |
| 11 | | for purposes of determining the 1 1/2 miles from the school |
| 12 | | attended. |
| 13 | | Claims for reimbursement that include children who attend |
| 14 | | any school other than a public school shall show the number of |
| 15 | | such children transported. |
| 16 | | Claims for reimbursement under this Section shall not be |
| 17 | | paid for the transportation of pupils for whom transportation |
| 18 | | costs are claimed for payment under other Sections of this |
| 19 | | Act. |
| 20 | | The allowable direct cost of transporting pupils for |
| 21 | | regular, vocational, and special education pupil |
| 22 | | transportation shall be limited to the sum of the cost of |
| 23 | | physical examinations required for employment as a school bus |
| 24 | | driver; the salaries of full-time or part-time drivers and |
| 25 | | school bus maintenance personnel; employee benefits excluding |
| 26 | | Illinois municipal retirement payments, social security |
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| 1 | | payments, unemployment insurance payments and workers' |
| 2 | | compensation insurance premiums; expenditures to independent |
| 3 | | carriers who operate school buses; payments to other school |
| 4 | | districts for pupil transportation services; pre-approved |
| 5 | | contractual expenditures for computerized bus scheduling; |
| 6 | | expenditures for housing assistance and homeless prevention |
| 7 | | under Sections 1-17 and 1-18 of the Education for Homeless |
| 8 | | Children Act that are not in excess of the school district's |
| 9 | | actual costs for providing transportation services and are not |
| 10 | | otherwise claimed in another State or federal grant that |
| 11 | | permits those costs to a parent, a legal guardian, any other |
| 12 | | person who enrolled a pupil, or a homeless assistance agency |
| 13 | | that is part of the federal McKinney-Vento Homeless Assistance |
| 14 | | Act's continuum of care for the area in which the district is |
| 15 | | located; the cost of gasoline, oil, tires, and other supplies |
| 16 | | necessary for the operation of school buses; the cost of |
| 17 | | converting buses' gasoline engines to more fuel efficient |
| 18 | | engines or to engines which use alternative energy sources; |
| 19 | | the cost of travel to meetings and workshops conducted by the |
| 20 | | regional superintendent or the State Superintendent of |
| 21 | | Education pursuant to the standards established by the |
| 22 | | Secretary of State under Section 6-106 of the Illinois Vehicle |
| 23 | | Code to improve the driving skills of school bus drivers; the |
| 24 | | cost of maintenance of school buses including parts and |
| 25 | | materials used; expenditures for leasing transportation |
| 26 | | vehicles, except interest and service charges; the cost of |
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| 1 | | insurance and licenses for transportation vehicles; |
| 2 | | expenditures for the rental of transportation equipment; plus |
| 3 | | a depreciation allowance of 20% for 5 years for school buses |
| 4 | | and vehicles approved for transporting pupils to and from |
| 5 | | school and a depreciation allowance of 10% for 10 years for |
| 6 | | other transportation equipment so used. Each school year, if a |
| 7 | | school district has made expenditures to the Northern Illinois |
| 8 | | Transit Regional Transportation Authority or any of its |
| 9 | | service boards, a mass transit district, or an urban |
| 10 | | transportation district under an intergovernmental agreement |
| 11 | | with the district to provide for the transportation of pupils |
| 12 | | and if the public transit carrier received direct payment for |
| 13 | | services or passes from a school district within its service |
| 14 | | area during the 2000-2001 school year, then the allowable |
| 15 | | direct cost of transporting pupils for regular, vocational, |
| 16 | | and special education pupil transportation shall also include |
| 17 | | the expenditures that the district has made to the public |
| 18 | | transit carrier. In addition to the above allowable costs, |
| 19 | | school districts shall also claim all transportation |
| 20 | | supervisory salary costs, including Illinois municipal |
| 21 | | retirement payments, and all transportation-related |
| 22 | | transportation related building and building maintenance costs |
| 23 | | without limitation. |
| 24 | | Special education allowable costs shall also include |
| 25 | | expenditures for the salaries of attendants or aides for that |
| 26 | | portion of the time they assist special education pupils while |
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| 1 | | in transit and expenditures for parents and public carriers |
| 2 | | for transporting special education pupils when pre-approved by |
| 3 | | the State Superintendent of Education. |
| 4 | | Indirect costs shall be included in the reimbursement |
| 5 | | claim for districts which own and operate their own school |
| 6 | | buses. Such indirect costs shall include administrative costs, |
| 7 | | or any costs attributable to transporting pupils from their |
| 8 | | attendance centers to another school building for |
| 9 | | instructional purposes. No school district which owns and |
| 10 | | operates its own school buses may claim reimbursement for |
| 11 | | indirect costs which exceed 5% of the total allowable direct |
| 12 | | costs for pupil transportation. |
| 13 | | The State Board of Education shall prescribe uniform |
| 14 | | regulations for determining the above standards and shall |
| 15 | | prescribe forms of cost accounting and standards of |
| 16 | | determining reasonable depreciation. Such depreciation shall |
| 17 | | include the cost of equipping school buses with the safety |
| 18 | | features required by law or by the rules, regulations and |
| 19 | | standards promulgated by the State Board of Education, and the |
| 20 | | Department of Transportation for the safety and construction |
| 21 | | of school buses provided, however, any equipment cost |
| 22 | | reimbursed by the Department of Transportation for equipping |
| 23 | | school buses with such safety equipment shall be deducted from |
| 24 | | the allowable cost in the computation of reimbursement under |
| 25 | | this Section in the same percentage as the cost of the |
| 26 | | equipment is depreciated. |
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| 1 | | On or before August 15, annually, the chief school |
| 2 | | administrator for the district shall certify to the State |
| 3 | | Superintendent of Education the district's claim for |
| 4 | | reimbursement for the school year ending on June 30 next |
| 5 | | preceding. The State Superintendent of Education shall check |
| 6 | | and approve the claims and prepare the vouchers showing the |
| 7 | | amounts due for district reimbursement claims. Each fiscal |
| 8 | | year, the State Superintendent of Education shall prepare and |
| 9 | | transmit the first 3 vouchers to the Comptroller on the 30th |
| 10 | | day of September, December and March, respectively, and the |
| 11 | | final voucher, no later than June 20. |
| 12 | | If the amount appropriated for transportation |
| 13 | | reimbursement is insufficient to fund total claims for any |
| 14 | | fiscal year, the State Board of Education shall reduce each |
| 15 | | school district's allowable costs and flat grant amount |
| 16 | | proportionately to make total adjusted claims equal the total |
| 17 | | amount appropriated. |
| 18 | | For purposes of calculating claims for reimbursement under |
| 19 | | this Section for any school year beginning July 1, 2016, the |
| 20 | | equalized assessed valuation for a school district or partial |
| 21 | | elementary unit district formed pursuant to Article 11E used |
| 22 | | to compute reimbursement shall be the real equalized assessed |
| 23 | | valuation as computed under paragraph (3) of subsection (d) of |
| 24 | | Section 18-8.15. |
| 25 | | All reimbursements received from the State shall be |
| 26 | | deposited into the district's transportation fund or into the |
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| 1 | | fund from which the allowable expenditures were made. |
| 2 | | Notwithstanding any other provision of law, any school |
| 3 | | district receiving a payment under this Section or under |
| 4 | | Section 14-7.02, 14-7.02b, or 14-13.01 of this Code may |
| 5 | | classify all or a portion of the funds that it receives in a |
| 6 | | particular fiscal year or from State aid pursuant to Section |
| 7 | | 18-8.15 of this Code as funds received in connection with any |
| 8 | | funding program for which it is entitled to receive funds from |
| 9 | | the State in that fiscal year (including, without limitation, |
| 10 | | any funding program referenced in this Section), regardless of |
| 11 | | the source or timing of the receipt. The district may not |
| 12 | | classify more funds as funds received in connection with the |
| 13 | | funding program than the district is entitled to receive in |
| 14 | | that fiscal year for that program. Any classification by a |
| 15 | | district must be made by a resolution of its board of |
| 16 | | education. The resolution must identify the amount of any |
| 17 | | payments or general State aid to be classified under this |
| 18 | | paragraph and must specify the funding program to which the |
| 19 | | funds are to be treated as received in connection therewith. |
| 20 | | This resolution is controlling as to the classification of |
| 21 | | funds referenced therein. A certified copy of the resolution |
| 22 | | must be sent to the State Superintendent of Education. The |
| 23 | | resolution shall still take effect even though a copy of the |
| 24 | | resolution has not been sent to the State Superintendent of |
| 25 | | Education in a timely manner. No classification under this |
| 26 | | paragraph by a district shall affect the total amount or |
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| 1 | | timing of money the district is entitled to receive under this |
| 2 | | Code. No classification under this paragraph by a district |
| 3 | | shall in any way relieve the district from or affect any |
| 4 | | requirements that otherwise would apply with respect to that |
| 5 | | funding program, including any accounting of funds by source, |
| 6 | | reporting expenditures by original source and purpose, |
| 7 | | reporting requirements, or requirements of providing services. |
| 8 | | Any school district with a population of not more than |
| 9 | | 500,000 must deposit all funds received under this Article |
| 10 | | into the transportation fund and use those funds for the |
| 11 | | provision of transportation services. |
| 12 | | (Source: P.A. 102-539, eff. 8-20-21; 102-813, eff. 5-13-22; |
| 13 | | 103-588, eff. 1-1-25.)
|
| 14 | | (105 ILCS 5/34-4) (from Ch. 122, par. 34-4) |
| 15 | | Sec. 34-4. Eligibility. To be eligible for election or |
| 16 | | appointment to the Board, a person shall be a citizen of the |
| 17 | | United States, shall be a registered voter as provided in the |
| 18 | | Election Code, shall have been, for a period of one year |
| 19 | | immediately before election or appointment, a resident of the |
| 20 | | city, district, and subdistrict that the member represents, |
| 21 | | and shall not be a child sex offender as defined in Section |
| 22 | | 11-9.3 of the Criminal Code of 2012. A person is ineligible for |
| 23 | | election or appointment to the Board if that person is not in |
| 24 | | compliance with the provisions of Section 10-9 as referenced |
| 25 | | in Section 34-3. For the 2024 general election, all persons |
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| 1 | | eligible for election to the Board shall be nominated by a |
| 2 | | petition signed by at least 1,000 but not more than 3,000 of |
| 3 | | the voters residing within the electoral district on a |
| 4 | | petition in order to be placed on the ballot. For the 2026 |
| 5 | | general election and general elections thereafter, persons |
| 6 | | eligible for election to the Board shall be nominated by a |
| 7 | | petition signed by at least 500 but no more than 1,500 voters |
| 8 | | residing within the subdistrict on a petition in order to be |
| 9 | | placed on the ballot, except that persons eligible for |
| 10 | | election to the Board at large shall be nominated by a petition |
| 11 | | signed by no less than 2,500 voters residing within the city. |
| 12 | | Any registered voter may sign a nominating petition, |
| 13 | | irrespective of any partisan petition the voter signs or may |
| 14 | | sign. For the 2024 general election only, the petition |
| 15 | | circulation period shall begin on March 26, 2024, and the |
| 16 | | filing period shall be from June 17, 2024 to June 24, 2024. |
| 17 | | Permanent removal from the city by any member of the Board |
| 18 | | during the member's term of office constitutes a resignation |
| 19 | | therefrom and creates a vacancy in the Board. Board members |
| 20 | | shall serve without any compensation; however, members of the |
| 21 | | Board shall be reimbursed for expenses incurred while in the |
| 22 | | performance of their duties upon submission of proper receipts |
| 23 | | or upon submission of a signed voucher in the case of an |
| 24 | | expense allowance evidencing the amount of such reimbursement |
| 25 | | or allowance to the President of the Board for verification |
| 26 | | and approval. Board members shall not hold other public office |
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| 1 | | under the Federal, State or any local government other than |
| 2 | | that of Director of the Northern Illinois Transit Regional |
| 3 | | Transportation Authority, member of the economic development |
| 4 | | commission of a city having a population exceeding 500,000, |
| 5 | | notary public or member of the National Guard, and by |
| 6 | | accepting any such office while members of the Board, or by not |
| 7 | | resigning any such office held at the time of being elected or |
| 8 | | appointed to the Board within 30 days after such election or |
| 9 | | appointment, shall be deemed to have vacated their membership |
| 10 | | in the Board. |
| 11 | | (Source: P.A. 102-177, eff. 6-1-22; 102-691, eff. 12-17-21; |
| 12 | | 103-584, eff. 3-18-24.)
|
| 13 | | Section 15-175. The Public Utilities Act is amended by |
| 14 | | changing Section 4-302 as follows:
|
| 15 | | (220 ILCS 5/4-302) (from Ch. 111 2/3, par. 4-302) |
| 16 | | Sec. 4-302. The Commission shall cooperate with the |
| 17 | | Northern Illinois Transit Regional Transportation Authority |
| 18 | | created pursuant to the "Northern Illinois Transit Regional |
| 19 | | Transportation Authority Act", enacted by the 78th General |
| 20 | | Assembly, in the exercise of the powers of the Authority as |
| 21 | | provided in that Act. |
| 22 | | Transportation Agencies which have any purchase of service |
| 23 | | agreement with a Service Board as provided in the "Northern |
| 24 | | Illinois Transit Regional Transportation Authority Act" shall |
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| 1 | | not be subject to this Act as to any public transportation |
| 2 | | which is the subject of such agreement. Any service and |
| 3 | | business exempted from this Act pursuant to this Section shall |
| 4 | | not be considered "intrastate public utility business" as |
| 5 | | defined in Section 3-120 of this Act. |
| 6 | | No contract between any Transportation Agency and the |
| 7 | | Authority or a Service Board or acquisition by the Authority |
| 8 | | or a Service Board of any property, including property of a |
| 9 | | Transportation Agency pursuant to and as defined in the |
| 10 | | Northern Illinois Transit Regional Transportation Authority |
| 11 | | Act, shall, except as provided in such Act, be subject to the |
| 12 | | supervision, regulation or approval of the Commission. |
| 13 | | In the event a Service Board shall determine that any |
| 14 | | Public Transportation service provided by any Transportation |
| 15 | | Agency with which that Service Board has a Purchase of Service |
| 16 | | Agreement is not necessary for the public interest and shall |
| 17 | | for that reason decline to enter into any Purchase of Service |
| 18 | | Agreement for such particular service, all pursuant to and as |
| 19 | | defined in such Northern Illinois Transit Regional |
| 20 | | Transportation Authority Act, then the discontinuation of such |
| 21 | | service by such Transportation Agency shall not be subject to |
| 22 | | the supervision, regulation or approval of the Commission. |
| 23 | | (Source: P.A. 84-617; 84-1025.)
|
| 24 | | Section 15-180. The Telecommunication Devices for the Deaf |
| 25 | | Act is amended by changing Section 2 as follows:
|
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| 1 | | (410 ILCS 55/2) (from Ch. 111 1/2, par. 4202) |
| 2 | | Sec. 2. As used in this Act, unless the context otherwise |
| 3 | | requires: |
| 4 | | (a) "Telecommunication device for the deaf" means a |
| 5 | | teletypewriter or other instrument for telecommunication in |
| 6 | | which speaking or hearing is not required for communication. |
| 7 | | (b) "Public Safety Agency" means any unit of local |
| 8 | | government or special purpose district within the State which |
| 9 | | has authority to provide firefighting, police, or other |
| 10 | | emergency services. |
| 11 | | (c) "Department" means the Department of Human Services. |
| 12 | | (d) "Major public transportation site" means any airport |
| 13 | | or railroad station in the State providing commercial rail or |
| 14 | | airline service to the general public, that serves and is |
| 15 | | located within 20 miles of a municipality with a population of |
| 16 | | 25,000 or more, except for any facility under the jurisdiction |
| 17 | | of the Commuter Rail Division created by the Northern Illinois |
| 18 | | Transit Regional Transportation Authority Act or the Chicago |
| 19 | | Transit Authority created by the Metropolitan Transit |
| 20 | | Authority Act. |
| 21 | | (e) "General traveling public" are individuals making use |
| 22 | | of the commercial rail and airline services which are provided |
| 23 | | at major public transportation sites. |
| 24 | | (Source: P.A. 89-507, eff. 7-1-97.)
|
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| 1 | | Section 15-185. The Illinois Highway Code is amended by |
| 2 | | changing Section 6-411.5 as follows:
|
| 3 | | (605 ILCS 5/6-411.5) |
| 4 | | Sec. 6-411.5. Contracts for public transportation. The |
| 5 | | highway commissioner of each road district within the |
| 6 | | territory of the Northern Illinois Transit Regional |
| 7 | | Transportation Authority shall have authority, with the |
| 8 | | approval of the township board of trustees, to contract with |
| 9 | | the Northern Illinois Transit Regional Transportation |
| 10 | | Authority or a Service Board, as defined in the Northern |
| 11 | | Illinois Transit Regional Transportation Authority Act, for |
| 12 | | the purchase of public transportation services within the |
| 13 | | district, upon such terms and conditions as may be mutually |
| 14 | | agreed upon. The expenditure of road funds, collected under a |
| 15 | | road district tax, to purchase public transportation services |
| 16 | | constitutes a road purpose under this Code. |
| 17 | | (Source: P.A. 89-347, eff. 1-1-96.)
|
| 18 | | Section 15-190. The Toll Highway Act is amended by |
| 19 | | changing Section 19 as follows:
|
| 20 | | (605 ILCS 10/19) (from Ch. 121, par. 100-19) |
| 21 | | Sec. 19. Toll rates. The Authority shall fix and revise |
| 22 | | from time to time, tolls or charges or rates for the privilege |
| 23 | | of using each of the toll highways constructed pursuant to |
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| 1 | | this Act. Such tolls shall be so fixed and adjusted at rates |
| 2 | | calculated to provide the lowest reasonable toll rates that |
| 3 | | will provide funds sufficient with other revenues of the |
| 4 | | Authority to pay, (a) the cost of the construction of a toll |
| 5 | | highway authorized by joint resolution of the General Assembly |
| 6 | | pursuant to Section 14.1 and the reconstruction, major repairs |
| 7 | | or improvements of toll highways, (b) the cost of maintaining, |
| 8 | | repairing, regulating and operating the toll highways |
| 9 | | including only the necessary expenses of the Authority, and |
| 10 | | (c) the principal of all bonds, interest thereon and all |
| 11 | | sinking fund requirements and other requirements provided by |
| 12 | | resolutions authorizing the issuance of the bonds as they |
| 13 | | shall become due. In fixing the toll rates pursuant to this |
| 14 | | Section 19 and Section 10(c) of this Act, the Authority shall |
| 15 | | take into account the effect of the provisions of this Section |
| 16 | | 19 permitting the use of the toll highway system without |
| 17 | | payment of the covenants of the Authority contained in the |
| 18 | | resolutions and trust indentures authorizing the issuance of |
| 19 | | bonds of the Authority. No such provision permitting the use |
| 20 | | of the toll highway system without payment of tolls after the |
| 21 | | date of this amendatory Act of the 95th General Assembly shall |
| 22 | | be applied in a manner that impairs the rights of bondholders |
| 23 | | pursuant to any resolution or trust indentures authorizing the |
| 24 | | issuance of bonds of the Authority. The use and disposition of |
| 25 | | any sinking or reserve fund shall be subject to such |
| 26 | | regulation as may be provided in the resolution or trust |
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| 1 | | indenture authorizing the issuance of the bonds. Subject to |
| 2 | | the provisions of any resolution or trust indenture |
| 3 | | authorizing the issuance of bonds any moneys in any such |
| 4 | | sinking fund in excess of an amount equal to one year's |
| 5 | | interest on the bonds then outstanding secured by such sinking |
| 6 | | fund may be applied to the purchase or redemption of bonds. All |
| 7 | | such bonds so redeemed or purchased shall forthwith be |
| 8 | | cancelled and shall not again be issued. No person shall be |
| 9 | | permitted to use any toll highway without paying the toll |
| 10 | | established under this Section except when on official Toll |
| 11 | | Highway Authority business which includes police and other |
| 12 | | emergency vehicles. However, any law enforcement agency |
| 13 | | vehicle, fire department vehicle, public or private ambulance |
| 14 | | service vehicle engaged in the performance of an emergency |
| 15 | | service or duty that necessitates the use of the toll highway |
| 16 | | system, or other emergency vehicle that is plainly marked |
| 17 | | shall not be required to pay a toll to use a toll highway. A |
| 18 | | law enforcement, fire protection, or emergency services |
| 19 | | officer driving a law enforcement, fire protection, emergency |
| 20 | | services agency vehicle, or public or private ambulance |
| 21 | | service vehicle engaging in the performance of emergency |
| 22 | | services or duties that is not plainly marked must present an |
| 23 | | Official Permit Card which the law enforcement, fire |
| 24 | | protection, or emergency services officer receives from his or |
| 25 | | her law enforcement, fire protection, emergency services |
| 26 | | agency, or public or private ambulance service in order to use |
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| 1 | | a toll highway without paying the toll. A law enforcement, |
| 2 | | fire protection, emergency services agency, or public or |
| 3 | | private ambulance service engaging in the performance of |
| 4 | | emergency services or duties must apply to the Authority to |
| 5 | | receive a permit, and the Authority shall adopt rules for the |
| 6 | | issuance of a permit, that allows public or private ambulance |
| 7 | | service vehicles engaged in the performance of emergency |
| 8 | | services or duties that necessitate the use of the toll |
| 9 | | highway system and all law enforcement, fire protection, or |
| 10 | | emergency services agency vehicles of the law enforcement, |
| 11 | | fire protection, or emergency services agency to use any toll |
| 12 | | highway without paying the toll established under this |
| 13 | | Section. The Authority shall maintain in its office a list of |
| 14 | | all persons that are authorized to use any toll highway |
| 15 | | without charge when on official business of the Authority and |
| 16 | | such list shall be open to the public for inspection. In |
| 17 | | recognition of the unique role of public transportation in |
| 18 | | providing effective transportation in the Authority's service |
| 19 | | region, and to give effect to the exemption set forth in |
| 20 | | subsection (b) of Section 2.06 of the Northern Illinois |
| 21 | | Transit Regional Transportation Authority Act, the following |
| 22 | | vehicles may use any toll highway without paying the toll: (1) |
| 23 | | a vehicle owned or operated by the Suburban Bus Division of the |
| 24 | | Northern Illinois Transit Regional Transportation Authority |
| 25 | | that is being used to transport passengers for hire; and (2) |
| 26 | | any revenue vehicle that is owned or operated by a Mass Transit |
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| 1 | | District created under Section 3 of the Local Mass Transit |
| 2 | | District Act and running regular scheduled service. |
| 3 | | Among other matters, this amendatory Act of 1990 is |
| 4 | | intended to clarify and confirm the prior intent of the |
| 5 | | General Assembly to allow toll revenues from the toll highway |
| 6 | | system to be used to pay a portion of the cost of the |
| 7 | | construction of the North-South Toll Highway authorized by |
| 8 | | Senate Joint Resolution 122 of the 83rd General Assembly in |
| 9 | | 1984. |
| 10 | | (Source: P.A. 100-739, eff. 1-1-19.)
|
| 11 | | Section 15-195. The Illinois Aeronautics Act is amended by |
| 12 | | changing Section 49.1 as follows:
|
| 13 | | (620 ILCS 5/49.1) (from Ch. 15 1/2, par. 22.49a) |
| 14 | | Sec. 49.1. Creation of hazards. No person may create or |
| 15 | | construct any airport hazard which obstructs a restricted |
| 16 | | landing area or residential airport that (1) serves 20 or more |
| 17 | | based aircraft, and (2) is located within the "metropolitan |
| 18 | | region" as that term is defined in the Northern Illinois |
| 19 | | Transit Regional Transportation Authority Act. For the purpose |
| 20 | | of this Section, "based aircraft" are aircraft that are |
| 21 | | regularly hangared or tied-down at the restricted landing area |
| 22 | | or residential airport, or that use it as their primary base of |
| 23 | | operation. As used in this Section 49.1, "restricted landing |
| 24 | | area" or "residential airport" shall have the meaning set |
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| 1 | | forth in regulations of the Department in effect on the |
| 2 | | effective date of this amendatory Act of 1989, but shall not |
| 3 | | include amendments of the regulations adopted by the |
| 4 | | Department thereafter. |
| 5 | | (Source: P.A. 86-963.)
|
| 6 | | Section 15-200. The Illinois Vehicle Code is amended by |
| 7 | | changing Sections 1-209.3, 8-102, 11-709.2, and 18c-7402 as |
| 8 | | follows:
|
| 9 | | (625 ILCS 5/1-209.3) |
| 10 | | Sec. 1-209.3. Transit bus. A bus engaged in public |
| 11 | | transportation as defined by the Regional Transportation |
| 12 | | Authority Act and authorized by the Department to be used on |
| 13 | | specifically designated roadway shoulders. |
| 14 | | (Source: P.A. 97-292, eff. 8-11-11.)
|
| 15 | | (625 ILCS 5/8-102) (from Ch. 95 1/2, par. 8-102) |
| 16 | | Sec. 8-102. Alternate methods of giving proof. |
| 17 | | (a) Except as provided in subsection (b), proof of |
| 18 | | financial responsibility, when required under Section 8-101 or |
| 19 | | 8-101.1, may be given by filing with the Secretary of State one |
| 20 | | of the following: |
| 21 | | 1. A bond as provided in Section 8-103; |
| 22 | | 2. An insurance policy or other proof of insurance in |
| 23 | | a form to be prescribed by the Secretary as provided in |
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| 1 | | Section 8-108; |
| 2 | | 3. A certificate of self-insurance issued by the |
| 3 | | Director; |
| 4 | | 4. A certificate of self-insurance issued to the |
| 5 | | Northern Illinois Transit Regional Transportation |
| 6 | | Authority by the Director naming municipal or |
| 7 | | non-municipal public carriers included therein; |
| 8 | | 5. A certificate of coverage issued by an |
| 9 | | intergovernmental risk management association evidencing |
| 10 | | coverages which meet or exceed the amounts required under |
| 11 | | this Code. |
| 12 | | (b) Beginning January 1, 2020, in lieu of filing the |
| 13 | | documents required by subsection (a), each owner of a vehicle |
| 14 | | required to obtain minimum liability insurance under Section |
| 15 | | 8-101 or 8-101.1 shall attest that the vehicle is insured in at |
| 16 | | least the minimum required amount. |
| 17 | | (1) The Secretary shall create a form on which the |
| 18 | | vehicle owner shall attest that the vehicle is insured in |
| 19 | | at least the minimum required amount. The attestation form |
| 20 | | shall be submitted with each registration application. |
| 21 | | (2) The attestation form shall be valid for the full |
| 22 | | registration period; however, if at any time the Secretary |
| 23 | | has reason to believe that the owner does not have the |
| 24 | | minimum required amount of insurance for a vehicle, the |
| 25 | | Secretary may require the owner to file with the Secretary |
| 26 | | documentation as set forth in subsection (a) of this |
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| 1 | | Section. |
| 2 | | (3) If the owner fails to provide the required |
| 3 | | documentation within 7 calendar days after the request is |
| 4 | | made, the Secretary may suspend the vehicle registration. |
| 5 | | The registration shall remain suspended until such time as |
| 6 | | the required documentation is provided to and reviewed by |
| 7 | | the Secretary. |
| 8 | | (4) The owner of a vehicle that is self-insured shall |
| 9 | | attest that the funds available to pay liability claims |
| 10 | | related to the operation of the vehicle are equivalent to |
| 11 | | or greater than the minimum liability insurance |
| 12 | | requirements under Section 8-101 or 8-101.1. |
| 13 | | (c) The Secretary of State may adopt rules to implement |
| 14 | | this Section. |
| 15 | | (Source: P.A. 100-986, eff. 1-1-21.)
|
| 16 | | (625 ILCS 5/11-709.2) |
| 17 | | Sec. 11-709.2. Bus on shoulder program. |
| 18 | | (a) The use of specifically designated shoulders of |
| 19 | | roadways by transit buses may be authorized by the Department |
| 20 | | in cooperation with the Northern Illinois Transit Regional |
| 21 | | Transportation Authority or a local mass transit system and |
| 22 | | the Suburban Bus Division of the Regional Transportation |
| 23 | | Authority. The Department shall prescribe by rule which |
| 24 | | transit buses are authorized to operate on shoulders, as well |
| 25 | | as times and locations. The Department may erect signage to |
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| 1 | | indicate times and locations of designated shoulder usage. |
| 2 | | (b) (Blank). |
| 3 | | (c) (Blank). |
| 4 | | (Source: P.A. 98-756, eff. 7-16-14; 98-871, eff. 8-11-14; |
| 5 | | 99-78, eff. 7-20-15.)
|
| 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 Northern Illinois |
| 20 | | Transit Authority shall cause a bell, and a whistle or |
| 21 | | horn to be placed and kept on each locomotive, and shall |
| 22 | | cause the same to be rung or sounded by the engineer or |
| 23 | | fireman, at the distance of at least 1,320 feet, from the |
| 24 | | place where the railroad crosses or intersects any public |
| 25 | | highway, and shall be kept ringing or sounding until the |
| 26 | | highway is reached; provided that at crossings where the |
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| 1 | | Commission shall by order direct, only after a hearing has |
| 2 | | been held to determine the public is reasonably and |
| 3 | | sufficiently protected, the rail carrier may be excused |
| 4 | | from giving 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 | | Northern Illinois Transit Regional Transportation |
| 5 | | Authority shall conduct a pilot project in the Village of |
| 6 | | Fox River Grove, the site of the fatal school bus crash at |
| 7 | | a railroad crossing on October 25, 1995, in order to |
| 8 | | improve railroad crossing safety. For this project, the |
| 9 | | Commission is directed to set the maximum train speed |
| 10 | | limit for Northern Illinois Transit Regional |
| 11 | | Transportation Authority trains at 50 miles per hour at |
| 12 | | intersections on that portion of the intrastate rail line |
| 13 | | located in the Village of Fox River Grove. If the Northern |
| 14 | | Illinois Transit Regional Transportation Authority |
| 15 | | deliberately fails to comply with this maximum speed |
| 16 | | limit, then any entity, governmental or otherwise, that |
| 17 | | provides capital or operational funds to the Northern |
| 18 | | Illinois Transit Regional Transportation Authority shall |
| 19 | | appropriately reduce or eliminate that funding. The |
| 20 | | Commission shall report to the Governor and the General |
| 21 | | Assembly on the results of this pilot project in January |
| 22 | | 1999, January 2000, and January 2001. The Commission shall |
| 23 | | also submit a final report on the pilot project to the |
| 24 | | Governor and the General Assembly in January 2001. The |
| 25 | | provisions of this subsection (c), other than this |
| 26 | | sentence, are inoperative after February 1, 2001. |
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| 1 | | (d) Freight train crew size. No rail carrier shall |
| 2 | | operate or cause to operate a train or light engine used in |
| 3 | | connection with the movement of freight unless it has an |
| 4 | | operating crew consisting of at least 2 individuals. The |
| 5 | | minimum freight train crew size indicated in this |
| 6 | | subsection (d) shall remain in effect until a federal law |
| 7 | | or rule encompassing the subject matter has been adopted. |
| 8 | | The Commission, with respect to freight train crew member |
| 9 | | size under this subsection (d), has the power to conduct |
| 10 | | evidentiary hearings, make findings, and issue and enforce |
| 11 | | orders, including sanctions under Section 18c-1704 of this |
| 12 | | Chapter. As used in this subsection (d), "train or light |
| 13 | | engine" does not include trains operated by a hostler |
| 14 | | service or utility employees. |
| 15 | | (3) Report and investigation of rail accidents. |
| 16 | | (a) Reports. Every rail carrier shall report to the |
| 17 | | Commission, by the speediest means possible, whether |
| 18 | | telephone, telegraph, or otherwise, every accident |
| 19 | | involving its equipment, track, or other property which |
| 20 | | resulted in loss of life to any person. In addition, such |
| 21 | | carriers shall file a written report with the Commission. |
| 22 | | Reports submitted under this paragraph shall be strictly |
| 23 | | confidential, shall be specifically prohibited from |
| 24 | | disclosure, and shall not be admissible in any |
| 25 | | administrative or judicial proceeding relating to the |
| 26 | | accidents reported. |
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| 1 | | (b) Investigations. The Commission may investigate all |
| 2 | | railroad accidents reported to it or of which it acquires |
| 3 | | knowledge independent of reports made by rail carriers or |
| 4 | | the Commuter Rail Division of the Northern Illinois |
| 5 | | Transit Authority, and it shall have the power, consistent |
| 6 | | with standards and procedures established under the |
| 7 | | Federal Railroad Safety Act, as amended, to enter such |
| 8 | | temporary orders as will minimize the risk of future |
| 9 | | accidents pending notice, hearing, and final action by the |
| 10 | | Commission. |
| 11 | | (Source: P.A. 101-294, eff. 1-1-20; 102-982, eff. 7-1-23.)
|
| 12 | | Section 15-202. The Public-Private Partnerships for |
| 13 | | Transportation Act is amended by changing Section 10 and by |
| 14 | | adding Section 36 as follows:
|
| 15 | | (630 ILCS 5/10) |
| 16 | | Sec. 10. Definitions. As used in this Act: |
| 17 | | "Approved proposal" means the proposal that is approved by |
| 18 | | the responsible public entity pursuant to subsection (j) of |
| 19 | | Section 20 of this Act. |
| 20 | | "Approved proposer" means the private entity whose |
| 21 | | proposal is the approved proposal. |
| 22 | | "Authority" means the Illinois State Toll Highway |
| 23 | | Authority. |
| 24 | | "Contractor" means a private entity that has entered into |
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| 1 | | a public-private agreement with the responsible public entity |
| 2 | | to provide services to or on behalf of the responsible public |
| 3 | | entity. |
| 4 | | "Department" means the Illinois Department of |
| 5 | | Transportation. |
| 6 | | "Design-build agreement" means the agreement between the |
| 7 | | selected private entity and the responsible public entity |
| 8 | | under which the selected private entity agrees to furnish |
| 9 | | design, construction, and related services for a |
| 10 | | transportation facility under this Act. |
| 11 | | "Develop" or "development" means to do one or more of the |
| 12 | | following: plan, design, develop, lease, acquire, install, |
| 13 | | construct, reconstruct, rehabilitate, extend, or expand. |
| 14 | | "Dynamic wireless charging" means electric vehicle |
| 15 | | charging by inductive charging, which allows electric vehicles |
| 16 | | to charge while in motion. |
| 17 | | "Electric vehicle" means a motor vehicle of the first |
| 18 | | division that is propelled by an electric engine and does not |
| 19 | | use motor fuel. |
| 20 | | "Maintain" or "maintenance" includes ordinary maintenance, |
| 21 | | repair, rehabilitation, capital maintenance, maintenance |
| 22 | | replacement, and any other categories of maintenance that may |
| 23 | | be designated by the responsible public entity. |
| 24 | | "Operate" or "operation" means to do one or more of the |
| 25 | | following: maintain, improve, equip, modify, or otherwise |
| 26 | | operate. |
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| 1 | | "Private entity" means any combination of one or more |
| 2 | | individuals, corporations, general partnerships, limited |
| 3 | | liability companies, limited partnerships, joint ventures, |
| 4 | | business trusts, nonprofit entities, or other business |
| 5 | | entities that are parties to a proposal for a transportation |
| 6 | | project or an agreement related to a transportation project. A |
| 7 | | public agency may provide services to a contractor as a |
| 8 | | subcontractor or subconsultant without affecting the private |
| 9 | | status of the private entity and the ability to enter into a |
| 10 | | public-private agreement. A transportation agency is not a |
| 11 | | private entity. |
| 12 | | "Proposal" means all materials and documents prepared by |
| 13 | | or on behalf of a private entity relating to the proposed |
| 14 | | development, financing, or operation of a transportation |
| 15 | | facility as a transportation project. |
| 16 | | "Proposer" means a private entity that has submitted an |
| 17 | | unsolicited proposal for a public-private agreement to a |
| 18 | | responsible public entity under this Act or a proposal or |
| 19 | | statement of qualifications for a public-private agreement in |
| 20 | | response to a request for proposals or a request for |
| 21 | | qualifications issued by a responsible public entity under |
| 22 | | this Act. |
| 23 | | "Public-private agreement" means the public-private |
| 24 | | agreement between the contractor and the responsible public |
| 25 | | entity relating to one or more of the development, financing, |
| 26 | | or operation of a transportation project that is entered into |
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| 1 | | under this Act. |
| 2 | | "Request for information" means all materials and |
| 3 | | documents prepared by or on behalf of the responsible public |
| 4 | | entity to solicit information from private entities with |
| 5 | | respect to transportation projects. |
| 6 | | "Request for proposals" means all materials and documents |
| 7 | | prepared by or on behalf of the responsible public entity to |
| 8 | | solicit proposals from private entities to enter into a |
| 9 | | public-private agreement. |
| 10 | | "Request for qualifications" means all materials and |
| 11 | | documents prepared by or on behalf of the responsible public |
| 12 | | entity to solicit statements of qualification from private |
| 13 | | entities to enter into a public-private agreement. |
| 14 | | "Responsible public entity" means the Department of |
| 15 | | Transportation, the Illinois State Toll Highway Authority, and |
| 16 | | the 5 most populous counties of Illinois, as of the most recent |
| 17 | | publicly available decennial census. |
| 18 | | "Revenues" means all revenues, including any combination |
| 19 | | of: income; earnings and interest; user fees; lease payments; |
| 20 | | allocations; federal, State, and local appropriations, grants, |
| 21 | | loans, lines of credit, and credit guarantees; bond proceeds; |
| 22 | | equity investments; service payments; or other receipts; |
| 23 | | arising out of or in connection with a transportation project, |
| 24 | | including the development, financing, and operation of a |
| 25 | | transportation project. The term includes money received as |
| 26 | | grants, loans, lines of credit, credit guarantees, or |
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| 1 | | otherwise in aid of a transportation project from the federal |
| 2 | | government, the State, a unit of local government, or any |
| 3 | | agency or instrumentality of the federal government, the |
| 4 | | State, or a unit of local government. |
| 5 | | "Shortlist" means the process by which a responsible |
| 6 | | public entity will review, evaluate, and rank statements of |
| 7 | | qualifications submitted in response to a request for |
| 8 | | qualifications and then identify the proposers who are |
| 9 | | eligible to submit a detailed proposal in response to a |
| 10 | | request for proposals. The identified proposers constitute the |
| 11 | | shortlist for the transportation project to which the request |
| 12 | | for proposals relates. |
| 13 | | "Transportation agency" means (i) the Department or (ii) |
| 14 | | the Authority. |
| 15 | | "Transportation facility" means any new or existing road, |
| 16 | | highway, toll highway, bridge, tunnel, intermodal facility, |
| 17 | | intercity or high-speed passenger rail, or other |
| 18 | | transportation facility or infrastructure, including the South |
| 19 | | Suburban Airport but excluding all other airports, under the |
| 20 | | jurisdiction of a responsible public entity, except those |
| 21 | | facilities for the Illiana Expressway. The term |
| 22 | | "transportation facility" may refer to one or more |
| 23 | | transportation facilities that are proposed to be developed or |
| 24 | | operated as part of a single transportation project. |
| 25 | | "Transportation project" or "project" means any or the |
| 26 | | combination of the design, development, construction, |
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| 1 | | financing, or operation with respect to all or a portion of any |
| 2 | | transportation facility under the jurisdiction of the |
| 3 | | responsible public entity, except those facilities for the |
| 4 | | Illiana Expressway, undertaken pursuant to this Act. |
| 5 | | "Unit of local government" has the meaning ascribed to |
| 6 | | that term in Article VII, Section 1 of the Constitution of the |
| 7 | | State of Illinois and also means any unit designated as a |
| 8 | | municipal corporation. |
| 9 | | "Unsolicited proposal" means a written proposal that is |
| 10 | | submitted to a transportation agency on the initiative of the |
| 11 | | private sector entity or entities for the purpose of |
| 12 | | developing a partnership, and that is not in response to a |
| 13 | | formal or informal request issued by a transportation agency. |
| 14 | | "User fees" or "tolls" means the rates, tolls, fees, or |
| 15 | | other charges imposed by the contractor for use of all or a |
| 16 | | portion of a transportation project under a public-private |
| 17 | | agreement. |
| 18 | | (Source: P.A. 103-570, eff. 1-1-24; 103-864, eff. 8-9-24; |
| 19 | | 103-865, eff. 1-1-25; revised 10-9-24.)
|
| 20 | | (630 ILCS 5/36 new) |
| 21 | | Sec. 36. Dynamic wireless electric vehicle charging pilot |
| 22 | | program. |
| 23 | | (a) Any transportation project undertaken under this Act |
| 24 | | that includes the design, development, construction, or |
| 25 | | reconstruction of 20 lane miles or more of a roadway is |
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| 1 | | required to include the construction of one lane mile of |
| 2 | | dynamic wireless electric vehicle charging within the roadway. |
| 3 | | The number of lane miles shall be calculated by |
| 4 | | multiplying the number of lanes of roadway by the length of the |
| 5 | | project. |
| 6 | | (b) The contractor shall design, fund, evaluate, iterate, |
| 7 | | test, and implement dynamic vehicle charging along a one-mile |
| 8 | | stretch of roadway. This will serve as a pilot program for |
| 9 | | Illinois. The program shall focus on nondisruptive designs |
| 10 | | that are compatible with existing infrastructure. Dynamic |
| 11 | | wireless charging lanes shall be compatible with the entire |
| 12 | | range of electric vehicles, including passenger, electric |
| 13 | | transit buses, fleet vehicles, and light-duty, medium-duty, |
| 14 | | and heavy-duty vehicles. The contractor shall consider the |
| 15 | | performance, safety, electromagnetic compatibility, and |
| 16 | | interoperability in the development of the dynamic wireless |
| 17 | | charging lane. |
| 18 | | (c) The contractor shall work closely with the responsible |
| 19 | | public agency and the Department throughout the design process |
| 20 | | and upon implementation to ensure smooth execution of the |
| 21 | | technology and appropriate communication to the traveling |
| 22 | | public. |
| 23 | | (d) After the dynamic wireless charging lane has been in |
| 24 | | operation for one year, the contractor shall work with the |
| 25 | | Department and responsible public agency to evaluate the |
| 26 | | success, failure, and safety of the technology. Special |
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| 1 | | consideration shall be given to the operation of dynamic |
| 2 | | vehicle charging in a variety of weather conditions and road |
| 3 | | maintenance activities.
|
| 4 | | Section 15-205. The Criminal Code of 2012 is amended by |
| 5 | | changing Section 21-5 as follows:
|
| 6 | | (720 ILCS 5/21-5) (from Ch. 38, par. 21-5) |
| 7 | | Sec. 21-5. Criminal trespass to State supported land. |
| 8 | | (a) A person commits criminal trespass to State supported |
| 9 | | land when he or she enters upon land supported in whole or in |
| 10 | | part with State funds, or federal funds administered or |
| 11 | | granted through State agencies or any building on the land, |
| 12 | | after receiving, prior to the entry, notice from the State or |
| 13 | | its representative that the entry is forbidden, or remains |
| 14 | | upon the land or in the building after receiving notice from |
| 15 | | the State or its representative to depart, and who thereby |
| 16 | | interferes with another person's lawful use or enjoyment of |
| 17 | | the building or land. |
| 18 | | A person has received notice from the State within the |
| 19 | | meaning of this subsection if he or she has been notified |
| 20 | | personally, either orally or in writing, or if a printed or |
| 21 | | written notice forbidding entry to him or her or a group of |
| 22 | | which he or she is a part, has been conspicuously posted or |
| 23 | | exhibited at the main entrance to the land or the forbidden |
| 24 | | part thereof. |
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| 1 | | (a-5) A person commits criminal trespass to State |
| 2 | | supported land when he or she enters upon a right-of-way right |
| 3 | | of way, including facilities and improvements thereon, owned, |
| 4 | | leased, or otherwise used by a public body or district |
| 5 | | organized under the Metropolitan Transit Authority Act, the |
| 6 | | Local Mass Transit District Act, or the Northern Illinois |
| 7 | | Transit Regional Transportation Authority Act, after |
| 8 | | receiving, prior to the entry, notice from the public body or |
| 9 | | district, or its representative, that the entry is forbidden, |
| 10 | | or the person remains upon the right-of-way right of way after |
| 11 | | receiving notice from the public body or district, or its |
| 12 | | representative, to depart, and in either of these instances |
| 13 | | intends to compromise public safety by causing a delay in |
| 14 | | transit service lasting more than 15 minutes or destroying |
| 15 | | property. |
| 16 | | A person has received notice from the public body or |
| 17 | | district within the meaning of this subsection if he or she has |
| 18 | | been notified personally, either orally or in writing, or if a |
| 19 | | printed or written notice forbidding entry to him or her has |
| 20 | | been conspicuously posted or exhibited at any point of |
| 21 | | entrance to the right-of-way right of way or the forbidden |
| 22 | | part of the right-of-way right of way. |
| 23 | | As used in this subsection (a-5), "right-of-way right of |
| 24 | | way" has the meaning ascribed to it in Section 18c-7502 of the |
| 25 | | Illinois Vehicle Code. |
| 26 | | (b) A person commits criminal trespass to State supported |
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| 1 | | land when he or she enters upon land supported in whole or in |
| 2 | | part with State funds, or federal funds administered or |
| 3 | | granted through State agencies or any building on the land by |
| 4 | | presenting false documents or falsely representing his or her |
| 5 | | identity orally to the State or its representative in order to |
| 6 | | obtain permission from the State or its representative to |
| 7 | | enter the building or land; or remains upon the land or in the |
| 8 | | building by presenting false documents or falsely representing |
| 9 | | his or her identity orally to the State or its representative |
| 10 | | in order to remain upon the land or in the building, and who |
| 11 | | thereby interferes with another person's lawful use or |
| 12 | | enjoyment of the building or land. |
| 13 | | This subsection does not apply to a peace officer or other |
| 14 | | official of a unit of government who enters upon land |
| 15 | | supported in whole or in part with State funds, or federal |
| 16 | | funds administered or granted through State agencies or any |
| 17 | | building on the land in the performance of his or her official |
| 18 | | duties. |
| 19 | | (c) Sentence. Criminal trespass to State supported land is |
| 20 | | a Class A misdemeanor, except a violation of subsection (a-5) |
| 21 | | of this Section is a Class A misdemeanor for a first violation |
| 22 | | and a Class 4 felony for a second or subsequent violation. |
| 23 | | (Source: P.A. 97-1108, eff. 1-1-13; 98-748, eff. 1-1-15.)
|
| 24 | | Section 15-210. The Eminent Domain Act is amended by |
| 25 | | changing Section 15-5-15 as follows:
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| 1 | | (735 ILCS 30/15-5-15) |
| 2 | | Sec. 15-5-15. Eminent domain powers in ILCS Chapters 70 |
| 3 | | through 75. The following provisions of law may include |
| 4 | | express grants of the power to acquire property by |
| 5 | | condemnation or eminent domain:
|
| 6 | | (70 ILCS 5/8.02 and 5/9); Airport Authorities Act; airport |
| 7 | | authorities; for public airport facilities. |
| 8 | | (70 ILCS 5/8.05 and 5/9); Airport Authorities Act; airport |
| 9 | | authorities; for removal of airport hazards. |
| 10 | | (70 ILCS 5/8.06 and 5/9); Airport Authorities Act; airport |
| 11 | | authorities; for reduction of the height of objects or |
| 12 | | structures. |
| 13 | | (70 ILCS 10/4); Interstate Airport Authorities Act; interstate |
| 14 | | airport authorities; for general purposes. |
| 15 | | (70 ILCS 15/3); Kankakee River Valley Area Airport Authority |
| 16 | | Act; Kankakee River Valley Area Airport Authority; for |
| 17 | | acquisition of land for airports. |
| 18 | | (70 ILCS 200/2-20); Civic Center Code; civic center |
| 19 | | authorities; for grounds, centers, buildings, and parking. |
| 20 | | (70 ILCS 200/5-35); Civic Center Code; Aledo Civic Center |
| 21 | | Authority; for grounds, centers, buildings, and parking. |
| 22 | | (70 ILCS 200/10-15); Civic Center Code; Aurora Metropolitan |
| 23 | | Exposition, Auditorium and Office Building Authority; for |
| 24 | | grounds, centers, buildings, and parking. |
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| 1 | | (70 ILCS 200/15-40); Civic Center Code; Benton Civic Center |
| 2 | | Authority; for grounds, centers, buildings, and parking. |
| 3 | | (70 ILCS 200/20-15); Civic Center Code; Bloomington Civic |
| 4 | | Center Authority; for grounds, centers, buildings, and |
| 5 | | parking. |
| 6 | | (70 ILCS 200/35-35); Civic Center Code; Brownstown Park |
| 7 | | District Civic Center Authority; for grounds, centers, |
| 8 | | buildings, and parking. |
| 9 | | (70 ILCS 200/40-35); Civic Center Code; Carbondale Civic |
| 10 | | Center Authority; for grounds, centers, buildings, and |
| 11 | | parking. |
| 12 | | (70 ILCS 200/55-60); Civic Center Code; Chicago South Civic |
| 13 | | Center Authority; for grounds, centers, buildings, and |
| 14 | | parking. |
| 15 | | (70 ILCS 200/60-30); Civic Center Code; Collinsville |
| 16 | | Metropolitan Exposition, Auditorium and Office Building |
| 17 | | Authority; for grounds, centers, buildings, and parking. |
| 18 | | (70 ILCS 200/70-35); Civic Center Code; Crystal Lake Civic |
| 19 | | Center Authority; for grounds, centers, buildings, and |
| 20 | | parking. |
| 21 | | (70 ILCS 200/75-20); Civic Center Code; Decatur Metropolitan |
| 22 | | Exposition, Auditorium and Office Building Authority; for |
| 23 | | grounds, centers, buildings, and parking. |
| 24 | | (70 ILCS 200/80-15); Civic Center Code; DuPage County |
| 25 | | Metropolitan Exposition, Auditorium and Office Building |
| 26 | | Authority; for grounds, centers, buildings, and parking. |
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| 1 | | (70 ILCS 200/85-35); Civic Center Code; Elgin Metropolitan |
| 2 | | Exposition, Auditorium and Office Building Authority; for |
| 3 | | grounds, centers, buildings, and parking. |
| 4 | | (70 ILCS 200/95-25); Civic Center Code; Herrin Metropolitan |
| 5 | | Exposition, Auditorium and Office Building Authority; for |
| 6 | | grounds, centers, buildings, and parking. |
| 7 | | (70 ILCS 200/110-35); Civic Center Code; Illinois Valley Civic |
| 8 | | Center Authority; for grounds, centers, buildings, and |
| 9 | | parking. |
| 10 | | (70 ILCS 200/115-35); Civic Center Code; Jasper County Civic |
| 11 | | Center Authority; for grounds, centers, buildings, and |
| 12 | | parking. |
| 13 | | (70 ILCS 200/120-25); Civic Center Code; Jefferson County |
| 14 | | Metropolitan Exposition, Auditorium and Office Building |
| 15 | | Authority; for grounds, centers, buildings, and parking. |
| 16 | | (70 ILCS 200/125-15); Civic Center Code; Jo Daviess County |
| 17 | | Civic Center Authority; for grounds, centers, buildings, |
| 18 | | and parking. |
| 19 | | (70 ILCS 200/130-30); Civic Center Code; Katherine Dunham |
| 20 | | Metropolitan Exposition, Auditorium and Office Building |
| 21 | | Authority; for grounds, centers, buildings, and parking. |
| 22 | | (70 ILCS 200/145-35); Civic Center Code; Marengo Civic Center |
| 23 | | Authority; for grounds, centers, buildings, and parking. |
| 24 | | (70 ILCS 200/150-35); Civic Center Code; Mason County Civic |
| 25 | | Center Authority; for grounds, centers, buildings, and |
| 26 | | parking. |
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| 1 | | (70 ILCS 200/155-15); Civic Center Code; Matteson Metropolitan |
| 2 | | Civic Center Authority; for grounds, centers, buildings, |
| 3 | | and parking. |
| 4 | | (70 ILCS 200/160-35); Civic Center Code; Maywood Civic Center |
| 5 | | Authority; for grounds, centers, buildings, and parking. |
| 6 | | (70 ILCS 200/165-35); Civic Center Code; Melrose Park |
| 7 | | Metropolitan Exposition Auditorium and Office Building |
| 8 | | Authority; for grounds, centers, buildings, and parking. |
| 9 | | (70 ILCS 200/170-20); Civic Center Code; certain Metropolitan |
| 10 | | Exposition, Auditorium and Office Building Authorities; |
| 11 | | for general purposes. |
| 12 | | (70 ILCS 200/180-35); Civic Center Code; Normal Civic Center |
| 13 | | Authority; for grounds, centers, buildings, and parking. |
| 14 | | (70 ILCS 200/185-15); Civic Center Code; Oak Park Civic Center |
| 15 | | Authority; for grounds, centers, buildings, and parking. |
| 16 | | (70 ILCS 200/195-35); Civic Center Code; Ottawa Civic Center |
| 17 | | Authority; for grounds, centers, buildings, and parking. |
| 18 | | (70 ILCS 200/200-15); Civic Center Code; Pekin Civic Center |
| 19 | | Authority; for grounds, centers, buildings, and parking. |
| 20 | | (70 ILCS 200/205-15); Civic Center Code; Peoria Civic Center |
| 21 | | Authority; for grounds, centers, buildings, and parking. |
| 22 | | (70 ILCS 200/210-35); Civic Center Code; Pontiac Civic Center |
| 23 | | Authority; for grounds, centers, buildings, and parking. |
| 24 | | (70 ILCS 200/215-15); Civic Center Code; Illinois Quad City |
| 25 | | Civic Center Authority; for grounds, centers, buildings, |
| 26 | | and parking. |
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| 1 | | (70 ILCS 200/220-30); Civic Center Code; Quincy Metropolitan |
| 2 | | Exposition, Auditorium and Office Building Authority; for |
| 3 | | grounds, centers, buildings, and parking. |
| 4 | | (70 ILCS 200/225-35); Civic Center Code; Randolph County Civic |
| 5 | | Center Authority; for grounds, centers, buildings, and |
| 6 | | parking. |
| 7 | | (70 ILCS 200/230-35); Civic Center Code; River Forest |
| 8 | | Metropolitan Exposition, Auditorium and Office Building |
| 9 | | Authority; for grounds, centers, buildings, and parking. |
| 10 | | (70 ILCS 200/235-40); Civic Center Code; Riverside Civic |
| 11 | | Center Authority; for grounds, centers, buildings, and |
| 12 | | parking. |
| 13 | | (70 ILCS 200/245-35); Civic Center Code; Salem Civic Center |
| 14 | | Authority; for grounds, centers, buildings, and parking. |
| 15 | | (70 ILCS 200/255-20); Civic Center Code; Springfield |
| 16 | | Metropolitan Exposition and Auditorium Authority; for |
| 17 | | grounds, centers, and parking. |
| 18 | | (70 ILCS 200/260-35); Civic Center Code; Sterling Metropolitan |
| 19 | | Exposition, Auditorium and Office Building Authority; for |
| 20 | | grounds, centers, buildings, and parking. |
| 21 | | (70 ILCS 200/265-20); Civic Center Code; Vermilion County |
| 22 | | Metropolitan Exposition, Auditorium and Office Building |
| 23 | | Authority; for grounds, centers, buildings, and parking. |
| 24 | | (70 ILCS 200/270-35); Civic Center Code; Waukegan Civic Center |
| 25 | | Authority; for grounds, centers, buildings, and parking. |
| 26 | | (70 ILCS 200/275-35); Civic Center Code; West Frankfort Civic |
|
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| 1 | | Center Authority; for grounds, centers, buildings, and |
| 2 | | parking. |
| 3 | | (70 ILCS 200/280-20); Civic Center Code; Will County |
| 4 | | Metropolitan Exposition and Auditorium Authority; for |
| 5 | | grounds, centers, and parking. |
| 6 | | (70 ILCS 210/5); Metropolitan Pier and Exposition Authority |
| 7 | | Act; Metropolitan Pier and Exposition Authority; for |
| 8 | | general purposes, including quick-take power. |
| 9 | | (70 ILCS 405/22.04); Soil and Water Conservation Districts |
| 10 | | Act; soil and water conservation districts; for general |
| 11 | | purposes. |
| 12 | | (70 ILCS 410/10 and 410/12); Conservation District Act; |
| 13 | | conservation districts; for open space, wildland, scenic |
| 14 | | roadway, pathway, outdoor recreation, or other |
| 15 | | conservation benefits. |
| 16 | | (70 ILCS 503/25); Chanute-Rantoul National Aviation Center |
| 17 | | Redevelopment Commission Act; Chanute-Rantoul National |
| 18 | | Aviation Center Redevelopment Commission; for general |
| 19 | | purposes. |
| 20 | | (70 ILCS 507/15); Fort Sheridan Redevelopment Commission Act; |
| 21 | | Fort Sheridan Redevelopment Commission; for general |
| 22 | | purposes or to carry out comprehensive or redevelopment |
| 23 | | plans. |
| 24 | | (70 ILCS 520/8); Southwestern Illinois Development Authority |
| 25 | | Act; Southwestern Illinois Development Authority; for |
| 26 | | general purposes, including quick-take power. |
|
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| 1 | | (70 ILCS 605/4-17 and 605/5-7); Illinois Drainage Code; |
| 2 | | drainage districts; for general purposes. |
| 3 | | (70 ILCS 615/5 and 615/6); Chicago Drainage District Act; |
| 4 | | corporate authorities; for construction and maintenance of |
| 5 | | works. |
| 6 | | (70 ILCS 705/10); Fire Protection District Act; fire |
| 7 | | protection districts; for general purposes. |
| 8 | | (70 ILCS 750/20); Flood Prevention District Act; flood |
| 9 | | prevention districts; for general purposes. |
| 10 | | (70 ILCS 805/6); Downstate Forest Preserve District Act; |
| 11 | | certain forest preserve districts; for general purposes. |
| 12 | | (70 ILCS 805/18.8); Downstate Forest Preserve District Act; |
| 13 | | certain forest preserve districts; for recreational and |
| 14 | | cultural facilities. |
| 15 | | (70 ILCS 810/8); Cook County Forest Preserve District Act; |
| 16 | | Forest Preserve District of Cook County; for general |
| 17 | | purposes. |
| 18 | | (70 ILCS 810/38); Cook County Forest Preserve District Act; |
| 19 | | Forest Preserve District of Cook County; for recreational |
| 20 | | facilities. |
| 21 | | (70 ILCS 910/15 and 910/16); Hospital District Law; hospital |
| 22 | | districts; for hospitals or hospital facilities. |
| 23 | | (70 ILCS 915/3); Illinois Medical District Act; Illinois |
| 24 | | Medical District Commission; for general purposes. |
| 25 | | (70 ILCS 915/4.5); Illinois Medical District Act; Illinois |
| 26 | | Medical District Commission; quick-take power for the |
|
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| 1 | | Illinois State Police Forensic Science Laboratory |
| 2 | | (obsolete). |
| 3 | | (70 ILCS 920/5); Tuberculosis Sanitarium District Act; |
| 4 | | tuberculosis sanitarium districts; for tuberculosis |
| 5 | | sanitariums. |
| 6 | | (70 ILCS 925/20); Mid-Illinois Medical District Act; |
| 7 | | Mid-Illinois Medical District; for general purposes. |
| 8 | | (70 ILCS 930/20); Mid-America Medical District Act; |
| 9 | | Mid-America Medical District Commission; for general |
| 10 | | purposes. |
| 11 | | (70 ILCS 935/20); Roseland Community Medical District Act; |
| 12 | | medical district; for general purposes. |
| 13 | | (70 ILCS 1005/7); Mosquito Abatement District Act; mosquito |
| 14 | | abatement districts; for general purposes. |
| 15 | | (70 ILCS 1105/8); Museum District Act; museum districts; for |
| 16 | | general purposes. |
| 17 | | (70 ILCS 1205/7-1); Park District Code; park districts; for |
| 18 | | streets and other purposes. |
| 19 | | (70 ILCS 1205/8-1); Park District Code; park districts; for |
| 20 | | parks. |
| 21 | | (70 ILCS 1205/9-2 and 1205/9-4); Park District Code; park |
| 22 | | districts; for airports and landing fields. |
| 23 | | (70 ILCS 1205/11-2 and 1205/11-3); Park District Code; park |
| 24 | | districts; for State land abutting public water and |
| 25 | | certain access rights. |
| 26 | | (70 ILCS 1205/11.1-3); Park District Code; park districts; for |
|
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| 1 | | harbors. |
| 2 | | (70 ILCS 1225/2); Park Commissioners Land Condemnation Act; |
| 3 | | park districts; for street widening. |
| 4 | | (70 ILCS 1230/1 and 1230/1-a); Park Commissioners Water |
| 5 | | Control Act; park districts; for parks, boulevards, |
| 6 | | driveways, parkways, viaducts, bridges, or tunnels. |
| 7 | | (70 ILCS 1250/2); Park Commissioners Street Control (1889) |
| 8 | | Act; park districts; for boulevards or driveways. |
| 9 | | (70 ILCS 1290/1); Park District Aquarium and Museum Act; |
| 10 | | municipalities or park districts; for aquariums or |
| 11 | | museums. |
| 12 | | (70 ILCS 1305/2); Park District Airport Zoning Act; park |
| 13 | | districts; for restriction of the height of structures. |
| 14 | | (70 ILCS 1310/5); Park District Elevated Highway Act; park |
| 15 | | districts; for elevated highways. |
| 16 | | (70 ILCS 1505/15); Chicago Park District Act; Chicago Park |
| 17 | | District; for parks and other purposes. |
| 18 | | (70 ILCS 1505/25.1); Chicago Park District Act; Chicago Park |
| 19 | | District; for parking lots or garages. |
| 20 | | (70 ILCS 1505/26.3); Chicago Park District Act; Chicago Park |
| 21 | | District; for harbors. |
| 22 | | (70 ILCS 1570/5); Lincoln Park Commissioners Land Condemnation |
| 23 | | Act; Lincoln Park Commissioners; for land and interests in |
| 24 | | land, including riparian rights. |
| 25 | | (70 ILCS 1801/30); Alexander-Cairo Port District Act; |
| 26 | | Alexander-Cairo Port District; for general purposes. |
|
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| 1 | | (70 ILCS 1805/8); Havana Regional Port District Act; Havana |
| 2 | | Regional Port District; for general purposes. |
| 3 | | (70 ILCS 1810/7); Illinois International Port District Act; |
| 4 | | Illinois International Port District; for general |
| 5 | | purposes. |
| 6 | | (70 ILCS 1815/13); Illinois Valley Regional Port District Act; |
| 7 | | Illinois Valley Regional Port District; for general |
| 8 | | purposes. |
| 9 | | (70 ILCS 1820/4); Jackson-Union Counties Regional Port |
| 10 | | District Act; Jackson-Union Counties Regional Port |
| 11 | | District; for removal of airport hazards or reduction of |
| 12 | | the height of objects or structures. |
| 13 | | (70 ILCS 1820/5); Jackson-Union Counties Regional Port |
| 14 | | District Act; Jackson-Union Counties Regional Port |
| 15 | | District; for general purposes. |
| 16 | | (70 ILCS 1825/4.9); Joliet Regional Port District Act; Joliet |
| 17 | | Regional Port District; for removal of airport hazards. |
| 18 | | (70 ILCS 1825/4.10); Joliet Regional Port District Act; Joliet |
| 19 | | Regional Port District; for reduction of the height of |
| 20 | | objects or structures. |
| 21 | | (70 ILCS 1825/4.18); Joliet Regional Port District Act; Joliet |
| 22 | | Regional Port District; for removal of hazards from ports |
| 23 | | and terminals. |
| 24 | | (70 ILCS 1825/5); Joliet Regional Port District Act; Joliet |
| 25 | | Regional Port District; for general purposes. |
| 26 | | (70 ILCS 1830/7.1); Kaskaskia Regional Port District Act; |
|
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| 1 | | Kaskaskia Regional Port District; for removal of hazards |
| 2 | | from ports and terminals. |
| 3 | | (70 ILCS 1830/14); Kaskaskia Regional Port District Act; |
| 4 | | Kaskaskia Regional Port District; for general purposes. |
| 5 | | (70 ILCS 1831/30); Massac-Metropolis Port District Act; |
| 6 | | Massac-Metropolis Port District; for general purposes. |
| 7 | | (70 ILCS 1835/5.10); Mt. Carmel Regional Port District Act; |
| 8 | | Mt. Carmel Regional Port District; for removal of airport |
| 9 | | hazards. |
| 10 | | (70 ILCS 1835/5.11); Mt. Carmel Regional Port District Act; |
| 11 | | Mt. Carmel Regional Port District; for reduction of the |
| 12 | | height of objects or structures. |
| 13 | | (70 ILCS 1835/6); Mt. Carmel Regional Port District Act; Mt. |
| 14 | | Carmel Regional Port District; for general purposes. |
| 15 | | (70 ILCS 1837/30); Ottawa Port District Act; Ottawa Port |
| 16 | | District; for general purposes. |
| 17 | | (70 ILCS 1842/30 and 1842/35); Rock Island Regional Port |
| 18 | | District Act; Rock Island Regional Port District and |
| 19 | | participating municipalities; for general Port District |
| 20 | | purposes. |
| 21 | | (70 ILCS 1845/4.9); Seneca Regional Port District Act; Seneca |
| 22 | | Regional Port District; for removal of airport hazards. |
| 23 | | (70 ILCS 1845/4.10); Seneca Regional Port District Act; Seneca |
| 24 | | Regional Port District; for reduction of the height of |
| 25 | | objects or structures. |
| 26 | | (70 ILCS 1845/5); Seneca Regional Port District Act; Seneca |
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| 1 | | Regional Port District; for general purposes. |
| 2 | | (70 ILCS 1850/4); Shawneetown Regional Port District Act; |
| 3 | | Shawneetown Regional Port District; for removal of airport |
| 4 | | hazards or reduction of the height of objects or |
| 5 | | structures. |
| 6 | | (70 ILCS 1850/5); Shawneetown Regional Port District Act; |
| 7 | | Shawneetown Regional Port District; for general purposes. |
| 8 | | (70 ILCS 1855/4); Southwest Regional Port District Act; |
| 9 | | Southwest Regional Port District; for removal of airport |
| 10 | | hazards or reduction of the height of objects or |
| 11 | | structures. |
| 12 | | (70 ILCS 1855/5); Southwest Regional Port District Act; |
| 13 | | Southwest Regional Port District; for general purposes. |
| 14 | | (70 ILCS 1860/4); Tri-City Regional Port District Act; |
| 15 | | Tri-City Regional Port District; for removal of airport |
| 16 | | hazards. |
| 17 | | (70 ILCS 1860/5); Tri-City Regional Port District Act; |
| 18 | | Tri-City Regional Port District; for the development of |
| 19 | | facilities. |
| 20 | | (70 ILCS 1863/11); Upper Mississippi River International Port |
| 21 | | District Act; Upper Mississippi River International Port |
| 22 | | District; for general purposes. |
| 23 | | (70 ILCS 1865/4.9); Waukegan Port District Act; Waukegan Port |
| 24 | | District; for removal of airport hazards. |
| 25 | | (70 ILCS 1865/4.10); Waukegan Port District Act; Waukegan Port |
| 26 | | District; for restricting the height of objects or |
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| 1 | | structures. |
| 2 | | (70 ILCS 1865/5); Waukegan Port District Act; Waukegan Port |
| 3 | | District; for the development of facilities. |
| 4 | | (70 ILCS 1870/8); White County Port District Act; White County |
| 5 | | Port District; for the development of facilities. |
| 6 | | (70 ILCS 1905/16); Railroad Terminal Authority Act; Railroad |
| 7 | | Terminal Authority (Chicago); for general purposes. |
| 8 | | (70 ILCS 1915/25); Grand Avenue Railroad Relocation Authority |
| 9 | | Act; Grand Avenue Railroad Relocation Authority; for |
| 10 | | general purposes, including quick-take power (now |
| 11 | | obsolete). |
| 12 | | (70 ILCS 1935/25); Elmwood Park Grade Separation Authority |
| 13 | | Act; Elmwood Park Grade Separation Authority; for general |
| 14 | | purposes. |
| 15 | | (70 ILCS 2105/9b); River Conservancy Districts Act; river |
| 16 | | conservancy districts; for general purposes. |
| 17 | | (70 ILCS 2105/10a); River Conservancy Districts Act; river |
| 18 | | conservancy districts; for corporate purposes. |
| 19 | | (70 ILCS 2205/15); Sanitary District Act of 1907; sanitary |
| 20 | | districts; for corporate purposes. |
| 21 | | (70 ILCS 2205/18); Sanitary District Act of 1907; sanitary |
| 22 | | districts; for improvements and works. |
| 23 | | (70 ILCS 2205/19); Sanitary District Act of 1907; sanitary |
| 24 | | districts; for access to property. |
| 25 | | (70 ILCS 2305/8); North Shore Water Reclamation District Act; |
| 26 | | North Shore Water Reclamation District; for corporate |
|
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| 1 | | purposes. |
| 2 | | (70 ILCS 2305/15); North Shore Water Reclamation District Act; |
| 3 | | North Shore Water Reclamation District; for improvements. |
| 4 | | (70 ILCS 2405/7.9); Sanitary District Act of 1917; Sanitary |
| 5 | | District of Decatur; for carrying out agreements to sell, |
| 6 | | convey, or disburse treated wastewater to a private |
| 7 | | entity. |
| 8 | | (70 ILCS 2405/8); Sanitary District Act of 1917; sanitary |
| 9 | | districts; for corporate purposes. |
| 10 | | (70 ILCS 2405/15); Sanitary District Act of 1917; sanitary |
| 11 | | districts; for improvements. |
| 12 | | (70 ILCS 2405/16.9 and 2405/16.10); Sanitary District Act of |
| 13 | | 1917; sanitary districts; for waterworks. |
| 14 | | (70 ILCS 2405/17.2); Sanitary District Act of 1917; sanitary |
| 15 | | districts; for public sewer and water utility treatment |
| 16 | | works. |
| 17 | | (70 ILCS 2405/18); Sanitary District Act of 1917; sanitary |
| 18 | | districts; for dams or other structures to regulate water |
| 19 | | flow. |
| 20 | | (70 ILCS 2605/8); Metropolitan Water Reclamation District Act; |
| 21 | | Metropolitan Water Reclamation District; for corporate |
| 22 | | purposes. |
| 23 | | (70 ILCS 2605/16); Metropolitan Water Reclamation District |
| 24 | | Act; Metropolitan Water Reclamation District; quick-take |
| 25 | | power for improvements. |
| 26 | | (70 ILCS 2605/17); Metropolitan Water Reclamation District |
|
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| 1 | | Act; Metropolitan Water Reclamation District; for bridges. |
| 2 | | (70 ILCS 2605/35); Metropolitan Water Reclamation District |
| 3 | | Act; Metropolitan Water Reclamation District; for widening |
| 4 | | and deepening a navigable stream. |
| 5 | | (70 ILCS 2805/10); Sanitary District Act of 1936; sanitary |
| 6 | | districts; for corporate purposes. |
| 7 | | (70 ILCS 2805/24); Sanitary District Act of 1936; sanitary |
| 8 | | districts; for improvements. |
| 9 | | (70 ILCS 2805/26i and 2805/26j); Sanitary District Act of |
| 10 | | 1936; sanitary districts; for drainage systems. |
| 11 | | (70 ILCS 2805/27); Sanitary District Act of 1936; sanitary |
| 12 | | districts; for dams or other structures to regulate water |
| 13 | | flow. |
| 14 | | (70 ILCS 2805/32k); Sanitary District Act of 1936; sanitary |
| 15 | | districts; for water supply. |
| 16 | | (70 ILCS 2805/32l); Sanitary District Act of 1936; sanitary |
| 17 | | districts; for waterworks. |
| 18 | | (70 ILCS 2905/2-7); Metro-East Sanitary District Act of 1974; |
| 19 | | Metro-East Sanitary District; for corporate purposes. |
| 20 | | (70 ILCS 2905/2-8); Metro-East Sanitary District Act of 1974; |
| 21 | | Metro-East Sanitary District; for access to property. |
| 22 | | (70 ILCS 3010/10); Sanitary District Revenue Bond Act; |
| 23 | | sanitary districts; for sewerage systems. |
| 24 | | (70 ILCS 3205/12); Illinois Sports Facilities Authority Act; |
| 25 | | Illinois Sports Facilities Authority; quick-take power for |
| 26 | | its corporate purposes (obsolete). |
|
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| 1 | | (70 ILCS 3405/16); Surface Water Protection District Act; |
| 2 | | surface water protection districts; for corporate |
| 3 | | purposes. |
| 4 | | (70 ILCS 3605/7); Metropolitan Transit Authority Act; Chicago |
| 5 | | Transit Authority; for transportation systems. |
| 6 | | (70 ILCS 3605/8); Metropolitan Transit Authority Act; Chicago |
| 7 | | Transit Authority; for general purposes. |
| 8 | | (70 ILCS 3605/10); Metropolitan Transit Authority Act; Chicago |
| 9 | | Transit Authority; for general purposes, including |
| 10 | | railroad property. |
| 11 | | (70 ILCS 3610/3 and 3610/5); Local Mass Transit District Act; |
| 12 | | local mass transit districts; for general purposes. |
| 13 | | (70 ILCS 3615/2.13); Northern Illinois Transit Regional |
| 14 | | Transportation Authority Act; Northern Illinois Transit |
| 15 | | Regional Transportation Authority; for general purposes. |
| 16 | | (70 ILCS 3705/8 and 3705/12); Public Water District Act; |
| 17 | | public water districts; for waterworks. |
| 18 | | (70 ILCS 3705/23a); Public Water District Act; public water |
| 19 | | districts; for sewerage properties. |
| 20 | | (70 ILCS 3705/23e); Public Water District Act; public water |
| 21 | | districts; for combined waterworks and sewerage systems. |
| 22 | | (70 ILCS 3715/6); Water Authorities Act; water authorities; |
| 23 | | for facilities to ensure adequate water supply. |
| 24 | | (70 ILCS 3715/27); Water Authorities Act; water authorities; |
| 25 | | for access to property. |
| 26 | | (75 ILCS 5/4-7); Illinois Local Library Act; boards of library |
|
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| 1 | | trustees; for library buildings. |
| 2 | | (75 ILCS 16/30-55.80); Public Library District Act of 1991; |
| 3 | | public library districts; for general purposes. |
| 4 | | (75 ILCS 65/1 and 65/3); Libraries in Parks Act; corporate |
| 5 | | authorities of city or park district, or board of park |
| 6 | | commissioners; for free public library buildings. |
| 7 | | (Source: Incorporates 98-564, eff. 8-27-13; P.A. 98-756, eff. |
| 8 | | 7-16-14; 99-669, eff. 7-29-16; revised 6-23-25.)
|
| 9 | | Section 15-215. The Transportation Benefits Program Act is |
| 10 | | amended by changing Sections 5, 10, and 15 as follows:
|
| 11 | | (820 ILCS 63/5) |
| 12 | | (Text of Section before amendment by P.A. 104-272) |
| 13 | | Sec. 5. Definitions. As used in this Act: |
| 14 | | "Covered employee" means any person who performs an |
| 15 | | average of at least 35 hours of work per week for compensation |
| 16 | | on a full-time basis. |
| 17 | | "Covered employer" means any individual, partnership, |
| 18 | | association, corporation, limited liability company, |
| 19 | | government, non-profit organization, or business trust that |
| 20 | | directly or indirectly, or through an agent or any other |
| 21 | | person, employs or exercises control over wages, hours, or |
| 22 | | working conditions of an employee, and that: |
| 23 | | (1) is located in: Cook County; Warren Township in |
| 24 | | Lake County; Grant Township in Lake County; Frankfort |
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| 1 | | Township in Will County; Wheatland Township in Will |
| 2 | | County; Addison Township; Bloomingdale Township; York |
| 3 | | Township; Milton Township; Winfield Township; Downers |
| 4 | | Grove Township; Lisle Township; Naperville Township; |
| 5 | | Dundee Township; Elgin Township; St. Charles Township; |
| 6 | | Geneva Township; Batavia Township; Aurora Township; Zion |
| 7 | | Township; Benton Township; Waukegan Township; Avon |
| 8 | | Township; Libertyville Township; Shields Township; Vernon |
| 9 | | Township; West Deerfield Township; Deerfield Township; |
| 10 | | McHenry Township; Nunda Township; Algonquin Township; |
| 11 | | DuPage Township; Homer Township; Lockport Township; |
| 12 | | Plainfield Township; New Lenox Township; Joliet Township; |
| 13 | | or Troy Township; and |
| 14 | | (2) employs 50 or more covered employees in a |
| 15 | | geographic area specified in paragraph (1) at an address |
| 16 | | that is located within one mile of fixed-route transit |
| 17 | | service. |
| 18 | | "Public transit" means any transportation system within |
| 19 | | the authority and jurisdiction of the Northern Illinois |
| 20 | | Transit Regional Transportation Authority. |
| 21 | | "Transit pass" means any pass, token, fare card, voucher, |
| 22 | | or similar item entitling a person to transportation on public |
| 23 | | transit. |
| 24 | | (Source: P.A. 103-291, eff. 1-1-24.)
|
| 25 | | (Text of Section after amendment by P.A. 104-272) |
|
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| 1 | | Sec. 5. Definitions. As used in this Act: |
| 2 | | "Construction industry" means any constructing, altering, |
| 3 | | reconstructing, repairing, rehabilitating, refinishing, |
| 4 | | refurbishing, remodeling, remediating, renovating, custom |
| 5 | | fabricating, maintenance, landscaping, improving, wrecking, |
| 6 | | painting, decorating, demolishing, and adding to or |
| 7 | | subtracting from any building, structure, highway, roadway, |
| 8 | | street, bridge, alley, sewer, ditch, sewage disposal plant, |
| 9 | | water works, parking facility, railroad, excavation or other |
| 10 | | structure, project, development, or real property or |
| 11 | | improvement, or any part thereof, whether or not the |
| 12 | | performance of the work involves the addition to, or |
| 13 | | fabrication into, any structure, project, development, or real |
| 14 | | property or improvement of any material or article of |
| 15 | | merchandise. "Construction industry" also includes moving |
| 16 | | construction-related materials on the job site to or from the |
| 17 | | job site, snow plowing, snow removal, and refuse collection. |
| 18 | | "Covered employee" means any person who is employed by a |
| 19 | | covered employer. |
| 20 | | "Covered employer" means any individual, partnership, |
| 21 | | association, corporation, limited liability company, |
| 22 | | government, non-profit organization, or business trust that |
| 23 | | directly or indirectly, or through an agent or any other |
| 24 | | person, employs or exercises control over wages, hours, or |
| 25 | | working conditions of an employee, and that: |
| 26 | | (1) is located in: Cook County; Warren Township in |
|
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| 1 | | Lake County; Grant Township in Lake County; Frankfort |
| 2 | | Township in Will County; Wheatland Township in Will |
| 3 | | County; Addison Township; Bloomingdale Township; York |
| 4 | | Township; Milton Township; Winfield Township; Downers |
| 5 | | Grove Township; Lisle Township; Naperville Township; |
| 6 | | Dundee Township; Elgin Township; St. Charles Township; |
| 7 | | Geneva Township; Batavia Township; Aurora Township; Zion |
| 8 | | Township; Benton Township; Waukegan Township; Avon |
| 9 | | Township; Libertyville Township; Shields Township; Vernon |
| 10 | | Township; West Deerfield Township; Deerfield Township; |
| 11 | | McHenry Township; Nunda Township; Algonquin Township; |
| 12 | | DuPage Township; Homer Township; Lockport Township; |
| 13 | | Plainfield Township; New Lenox Township; Joliet Township; |
| 14 | | or Troy Township; and |
| 15 | | (2) employs 50 or more covered employees in a |
| 16 | | geographic area specified in paragraph (1) at an address |
| 17 | | that is located within one mile of fixed-route transit |
| 18 | | service. |
| 19 | | "Public transit" means any transportation system within |
| 20 | | the authority and jurisdiction of the Northern Illinois |
| 21 | | Transit Regional Transportation Authority. |
| 22 | | "Transit pass" means any pass, token, fare card, voucher, |
| 23 | | or similar item entitling a person to transportation on public |
| 24 | | transit. |
| 25 | | (Source: P.A. 103-291, eff. 1-1-24; 104-272, eff. 1-1-26.)
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| 1 | | (820 ILCS 63/10) |
| 2 | | Sec. 10. Transportation benefits program. All covered |
| 3 | | employers shall provide a pre-tax commuter benefit to covered |
| 4 | | employees. The pre-tax commuter benefit shall allow employees |
| 5 | | to use pre-tax dollars for the purchase of a transit pass, via |
| 6 | | payroll deduction, such that the costs for such purchases may |
| 7 | | be excluded from the employee's taxable wages and compensation |
| 8 | | up to the maximum amount permitted by federal tax law, |
| 9 | | consistent with 26 U.S.C. 132(f) and the rules and regulations |
| 10 | | promulgated thereunder. A covered employer may comply with |
| 11 | | this Section by participating in a program offered by the |
| 12 | | Chicago Transit Authority or the Northern Illinois Transit |
| 13 | | Regional Transportation Authority. |
| 14 | | This benefit must be offered to all employees starting on |
| 15 | | the employees' first full pay period after 120 days of |
| 16 | | employment. All transit agencies shall market the existence of |
| 17 | | this program and this Act to their riders in order to inform |
| 18 | | affected employees and their employers. |
| 19 | | (Source: P.A. 103-291, eff. 1-1-24.)
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| 20 | | (820 ILCS 63/15) |
| 21 | | Sec. 15. Regional Transit Authority map. The Northern |
| 22 | | Illinois Transit Regional Transportation Authority shall make |
| 23 | | publicly available a searchable map of addresses that are |
| 24 | | located within one mile of fixed-route transit service. |
| 25 | | (Source: P.A. 103-291, eff. 1-1-24.)
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