HB1342 EnrolledLRB103 24929 AWJ 51263 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Metropolitan Transit Authority Act is
5amended by changing Sections 31 and 51 as follows:
 
6    (70 ILCS 3605/31)  (from Ch. 111 2/3, par. 331)
7    Sec. 31. The Board shall have power to pass all ordinances
8and make all rules and regulations proper or necessary to
9regulate the use, operation and maintenance of its property
10and facilities, and to carry into effect the powers granted to
11the Authority, with such fines or penalties, including
12ordinances, rules, and regulations concerning the suspension
13of riding privileges or confiscation of fare media under
14Section 2.40 of the Regional Transportation Authority Act, as
15may be deemed proper. No fine or penalty shall exceed $300.00,
16and no imprisonment shall exceed six (6) months for one
17offense. All fines and penalties shall be imposed by
18ordinances, which shall be published in a newspaper of general
19circulation published in the metropolitan area. No such
20ordinance shall take effect until ten days after its
21publication.
22(Source: P.A. 80-937.)
 

 

 

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1    (70 ILCS 3605/51)
2    Sec. 51. Free and reduced fare services; eligibility.
3    (a) Notwithstanding any law to the contrary, no later than
460 days following the effective date of this amendatory Act of
5the 95th General Assembly and until subsection (b) is
6implemented, any fixed route public transportation services
7provided by, or under grant or purchase of service contracts
8of, the Board shall be provided without charge to all senior
9citizens of the Metropolitan Region (as such term is defined
10in 70 ILCS 3615/1.03) aged 65 and older, under such conditions
11as shall be prescribed by the Board.
12    (b) Notwithstanding any law to the contrary, no later than
13180 days following the effective date of this amendatory Act
14of the 96th General Assembly, any fixed route public
15transportation services provided by, or under grant or
16purchase of service contracts of, the Board shall be provided
17without charge to senior citizens aged 65 and older who meet
18the income eligibility limitation set forth in subsection
19(a-5) of Section 4 of the Senior Citizens and Persons with
20Disabilities Property Tax Relief Act, under such conditions as
21shall be prescribed by the Board. The Department on Aging
22shall furnish all information reasonably necessary to
23determine eligibility, including updated lists of individuals
24who are eligible for services without charge under this
25Section. Nothing in this Section shall relieve the Board from
26providing reduced fares as may be required by federal law.

 

 

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1    (c) The Board shall partner with the City of Chicago to
2provide transportation at reduced fares for participants in
3programs that offer employment and internship opportunities to
4youth and young adults ages 14 through 24.
5(Source: P.A. 99-143, eff. 7-27-15.)
 
6    Section 10. The Local Mass Transit District Act is amended
7by changing Section 5 and adding Section 5.6 as follows:
 
8    (70 ILCS 3610/5)  (from Ch. 111 2/3, par. 355)
9    Sec. 5. (a) The Board of Trustees of every District may
10establish or acquire any or all manner of mass transit
11facility. The Board may engage in the business of
12transportation of passengers on scheduled routes and by
13contract on nonscheduled routes within the territorial limits
14of the counties or municipalities creating the District, by
15whatever means it may decide. Its routes may be extended
16beyond such territorial limits with the consent of the
17governing bodies of the municipalities or counties into which
18such operation is extended.
19    (b) The Board of Trustees of every District may for the
20purposes of the District, acquire by gift, purchase, lease,
21legacy, condemnation, or otherwise and hold, use, improve,
22maintain, operate, own, manage or lease, as lessor or lessee,
23such cars, buses, equipment, buildings, structures, real and
24personal property, and interests therein, and services, lands

 

 

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1for terminal and other related facilities, improvements and
2services, or any interest therein, including all or any part
3of the plant, land, buildings, equipment, vehicles, licenses,
4franchises, patents, property, service contracts and
5agreements of every kind and nature. Real property may be so
6acquired if it is situated within or partially within the area
7served by the District or if it is outside the area if it is
8desirable or necessary for the purposes of the District.
9    (c) The Board of Trustees of every District which
10establishes, provides, or acquires mass transit facilities or
11services may contract with any person or corporation or public
12or private entity for the operation or provision thereof upon
13such terms and conditions as the District shall determine.
14    (d) The Board of Trustees of every District shall have the
15authority to contract for any and all purposes of the
16District, including with an interstate transportation
17authority, or with another local Mass Transit District or any
18other municipal, public, or private corporation entity in the
19transportation business including the authority to contract to
20lease its or otherwise provide land, buildings, and equipment,
21and other related facilities, improvements, and services, for
22the carriage of passengers beyond the territorial limits of
23the District or to subsidize transit operations by a public or
24private or municipal corporation operating entity providing
25mass transit facilities.
26    (e) The Board of Trustees of every District shall have the

 

 

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1authority to establish, alter and discontinue transportation
2routes and services and any or all ancillary or supporting
3facilities and services, and to establish and amend rate
4schedules for the transportation of persons thereon or for the
5public or private use thereof which rate schedules shall,
6together with any grants, receipts or income from other
7sources, be sufficient to pay the expenses of the District,
8the repair, maintenance and the safe and adequate operation of
9its mass transit facilities and public mass transportation
10system and to fulfill the terms of its debts, undertakings,
11and obligations.
12    (f) The Board of Trustees of every District shall have
13perpetual succession and shall have the following powers in
14addition to any others in this Act granted:
15        (1) to sue and be sued;
16        (2) to adopt and use a seal;
17        (3) to make and execute contracts loans, leases,
18    subleases, installment purchase agreements, contracts,
19    notes and other instruments evidencing financial
20    obligations, and other instruments necessary or convenient
21    in the exercise of its powers;
22        (4) to make, amend and repeal bylaws, rules and
23    regulations not inconsistent with this Act, including
24    rules and regulations proper or necessary to regulate the
25    use, operation, and maintenance of its properties and
26    facilities and to carry into effect the powers granted to

 

 

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1    the Board of Trustees, with any necessary fines or
2    penalties, such as the suspension of riding privileges or
3    confiscation of fare media under Section 5.6, as the Board
4    deems proper;
5        (5) to sell, lease, sublease, license, transfer,
6    convey or otherwise dispose of any of its real or personal
7    property, or interests therein, in whole or in part, at
8    any time upon such terms and conditions as it may
9    determine, with public bidding if the value exceeds $1,000
10    at negotiated, competitive, public, or private sale;
11        (6) to invest funds, not required for immediate
12    disbursement, in property, agreements, or securities legal
13    for investment of public funds controlled by savings banks
14    under applicable law;
15        (7) to mortgage, pledge, hypothecate or otherwise
16    encumber all or any part of its real or personal property
17    or other assets, or interests therein;
18        (8) to apply for, accept and use grants, loans or
19    other financial assistance from any private entity or
20    municipal, county, State or Federal governmental agency or
21    other public entity;
22        (9) to borrow money from the United States Government
23    or any agency thereof, or from any other public or private
24    source, for the purposes of the District and, as evidence
25    thereof, to issue its revenue bonds, payable solely from
26    the revenue derived from the operation of the District.

 

 

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1    These bonds may be issued with maturities not exceeding 40
2    years from the date of the bonds, and in such amounts as
3    may be necessary to provide sufficient funds, together
4    with interest, for the purposes of the District. These
5    bonds shall bear interest at a rate of not more than the
6    maximum rate authorized by the Bond Authorization Act, as
7    amended at the time of the making of the contract of sale,
8    payable semi-annually, may be made registerable as to
9    principal, and may be made payable and callable as
10    provided on any interest payment date at a price of par and
11    accrued interest under such terms and conditions as may be
12    fixed by the ordinance authorizing the issuance of the
13    bonds. Bonds issued under this Section are negotiable
14    instruments. They shall be executed by the chairman and
15    members of the Board of Trustees, attested by the
16    secretary, and shall be sealed with the corporate seal of
17    the District. In case any Trustee or officer whose
18    signature appears on the bonds or coupons ceases to hold
19    that office before the bonds are delivered, such officer's
20    signature, shall nevertheless be valid and sufficient for
21    all purposes, the same as though such officer had remained
22    in office until the bonds were delivered. The bonds shall
23    be sold in such manner and upon such terms as the Board of
24    Trustees shall determine, except that the selling price
25    shall be such that the interest cost to the District of the
26    proceeds of the bonds shall not exceed the maximum rate

 

 

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1    authorized by the Bond Authorization Act, as amended at
2    the time of the making of the contract of sale, payable
3    semi-annually, computed to maturity according to the
4    standard table of bond values.
5        The ordinance shall fix the amount of revenue bonds
6    proposed to be issued, the maturity or maturities, the
7    interest rate, which shall not exceed the maximum rate
8    authorized by the Bond Authorization Act, as amended at
9    the time of the making of the contract of sale, and all the
10    details in connection with the bonds. The ordinance may
11    contain such covenants and restrictions upon the issuance
12    of additional revenue bonds thereafter, which will share
13    equally in the revenue of the District, as may be deemed
14    necessary or advisable for the assurance of the payment of
15    the bonds first issued. Any District may also provide in
16    the ordinance authorizing the issuance of bonds under this
17    Section that the bonds, or such ones thereof as may be
18    specified, shall, to the extent and in the manner
19    prescribed, be subordinated and be junior in standing,
20    with respect to the payment of principal and interest and
21    the security thereof, to such other bonds as are
22    designated in the ordinance.
23        The ordinance shall pledge the revenue derived from
24    the operations of the District for the purpose of paying
25    the cost of operation and maintenance of the District,
26    and, as applicable, providing adequate depreciation funds,

 

 

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1    and paying the principal of and interest on the bonds of
2    the District issued under this Section;
3        (10) subject to Section 5.1, to levy a tax on property
4    within the District at the rate of not to exceed .25% on
5    the assessed value of such property in the manner provided
6    in the Illinois Municipal Budget Law;
7        (11) to issue tax anticipation warrants;
8        (12) to contract with any school district in this
9    State to provide for the transportation of pupils to and
10    from school within such district pursuant to the
11    provisions of Section 29-15 of the School Code;
12        (13) to provide for the insurance of any property,
13    directors, officers, employees or operations of the
14    District against any risk or hazard, and to self-insure or
15    participate in joint self-insurance pools or entities to
16    insure against such risk or hazard;
17        (14) to use its established funds, personnel, and
18    other resources to acquire, construct, operate, and
19    maintain bikeways and trails. Districts may cooperate with
20    other governmental and private agencies in bikeway and
21    trail programs; and
22        (15) to acquire, own, maintain, construct,
23    reconstruct, improve, repair, operate or lease any
24    light-rail public transportation system, terminal,
25    terminal facility, public airport, or bridge or toll
26    bridge across waters with any city, state, or both.

 

 

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1    With respect to instruments for the payment of money
2issued under this Section either before, on, or after June 6,
31989 (the effective date of Public Act 86-4), it is and always
4has been the intention of the General Assembly (i) that the
5Omnibus Bond Acts are and always have been supplementary
6grants of power to issue instruments in accordance with the
7Omnibus Bond Acts, regardless of any provision of this Act
8that may appear to be or to have been more restrictive than
9those Acts, (ii) that the provisions of this Section are not a
10limitation on the supplementary authority granted by the
11Omnibus Bond Acts, and (iii) that instruments issued under
12this Section within the supplementary authority granted by the
13Omnibus Bond Acts are not invalid because of any provision of
14this Act that may appear to be or to have been more restrictive
15than those Acts.
16    This Section shall be liberally construed to give effect
17to its purposes.
18(Source: P.A. 99-642, eff. 7-28-16.)
 
19    (70 ILCS 3610/5.6 new)
20    Sec. 5.6. Suspension of riding privileges and confiscation
21of fare media.
22    (a) As used in this Section, "demographic information"
23includes, but is not limited to, age, race, ethnicity, gender,
24and housing status, as that term is defined under Section 10 of
25the Bill of Rights for the Homeless Act.

 

 

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1    (b) Suspension of riding privileges and confiscation of
2fare media are limited to:
3        (1) violations where the person's conduct places
4    transit employees or transit passengers in reasonable
5    apprehension of a threat to their safety or the safety of
6    others, including assault and battery, as those terms are
7    defined under Sections 12-1 and 12-3 of the Criminal Code
8    of 2012;
9        (2) violations where the person's conduct places
10    transit employees or transit passengers in reasonable
11    apprehension of a threat of a criminal sexual assault, as
12    that term is defined under Section 11-1.20 of the Criminal
13    Code of 2012; and
14        (3) violations involving an act of public indecency,
15    as that term is defined in Section 11-30 of the Criminal
16    Code of 2012.
17    (c) Written notice shall be provided to an individual
18regarding the suspension of the individual's riding privileges
19or confiscation of fare media. The notice shall be provided in
20person at the time of the alleged violation, except that, if
21providing notice in person at the time of the alleged
22violation is not practicable, then the Authority shall make a
23reasonable effort to provide notice to the individual by
24either personal service, by mailing a copy of the notice by
25certified mail, return receipt requested, and first-class mail
26to the person's current address, or by emailing a copy of the

 

 

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1notice to an email address on file, if available. If the person
2is known to be detained in jail, service shall be made as
3provided under Section 2-203.2 of the Code of Civil Procedure.
4The written notice shall be sufficient to inform the
5individual about the following:
6        (1) the nature of the suspension of riding privileges
7    or confiscation of fare media;
8        (2) the person's rights and available remedies to
9    contest or appeal the suspension of riding privileges or
10    confiscation of fare media and to apply for reinstatement
11    of riding privileges; and
12        (3) the procedures for adjudicating whether a
13    suspension or confiscation is warranted and for applying
14    for reinstatement of riding privileges, including the time
15    and location of any hearing.
16    The process to determine whether a suspension or riding
17privileges or confiscation of fare media is warranted and the
18length of the suspension shall be concluded within 30 business
19days after the individual receives notice of the suspension or
20confiscation.
21    Notwithstanding any other provision of this Section, no
22person shall be denied the ability to contest or appeal a
23suspension of riding privileges or confiscation of fare media,
24or to attend a hearing to determine whether a suspension or
25confiscation was warranted, because the person was detained in
26a jail.

 

 

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1    (d) Each Board shall create an administrative suspension
2hearing process as follows:
3        (1) A Board shall designate an official to oversee the
4    administrative process to decide whether a suspension is
5    warranted and the length of the suspension.
6        (2) The accused and related parties, including legal
7    counsel, may attend this hearing in person, by telephone,
8    or virtually.
9        (3) The Board shall present the suspension-related
10    evidence and outline the evidence that supports the need
11    for the suspension.
12        (4) The accused or the accused's legal counsel can
13    present and may make an oral or written presentation and
14    offer documents, including affidavits, in response to the
15    Board's evidence.
16        (5) The Board's designated official shall make a
17    finding on the suspension.
18        (6) The value of unexpended credit or unexpired passes
19    shall be reimbursed upon suspension of riding privileges
20    or confiscation of fare media.
21        (7) The alleged victims of the violation and related
22    parties, including witnesses who were present, may attend
23    this hearing in person, by telephone, or virtually.
24        (8) The alleged victims of the violation and related
25    parties, including witnesses who were present, can present
26    and may make an oral or written presentation and offer

 

 

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1    documents, including affidavits, in response to the
2    Board's evidence.
3    (e) Each Board shall create a process to appeal and
4reinstate ridership privileges. This information shall be
5provided to the suspended rider at the time of the Board's
6findings. A suspended rider is entitled to 2 appeals after the
7Board's finding to suspend the person's ridership. A suspended
8rider may petition the Board to reinstate the person's
9ridership privileges one calendar year after the Board's
10suspension finding if the length of the suspension is more
11than one year.
12    (f) Each Board shall collect, report, and make publicly
13available in a quarterly timeframe the number and demographic
14information of people subject to suspension of riding
15privileges or confiscation of fare media, the conduct leading
16to the suspension or confiscation, as well as the location and
17description of the location where the conduct occurred, such
18as identifying the transit station or transit line, date, and
19time of day, a citation to the statutory authority for which
20the accused person was arrested or charged, the amount, if
21any, on the fare media, and the length of the suspension.
 
22    Section 15. The Regional Transportation Authority Act is
23amended by changing Sections 3A.09, 4.01, and 4.09 and by
24adding Sections 2.10a, 2.40, 2.41, 2.42, 3.12, and 3B.09c as
25follows:
 

 

 

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1    (70 ILCS 3615/2.10a new)
2    Sec. 2.10a. Zero-emission buses.
3    (a) As used in this Section:
4    "Zero-emission bus" means a bus that is:
5        (1) designed to carry more than 10 passengers and is
6    used to carry passengers for compensation.
7        (2) a zero-emission vehicle; and
8        (3) not a taxi.
9    "Zero-emission vehicle" means a fuel cell or electric
10vehicle that:
11        (1) is a motor vehicle;
12        (2) is made by a commercial manufacturer;
13        (3) is manufactured primarily for use on public
14    streets, roads, and highways;
15        (4) has a maximum speed capability of at least 55
16    miles per hour;
17        (5) is powered entirely by electricity or powered by
18    combining hydrogen and oxygen, which runs the motor;
19        (6) has an operating range of at least 100 miles; and
20        (7) produces only water vapor and heat as byproducts.
21    (b) On or after July 1, 2026, a Service Board may not enter
22into a new contract to purchase a bus that is not a
23zero-emission bus for the purpose of the Service Board's
24transit bus fleet.
25    (c) For the purposes of determining compliance with this

 

 

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1Section, a Service Board shall not be deemed to be in violation
2of this Section when failure to comply is due to:
3        (1) the unavailability of zero-emission buses from a
4    manufacturer or funding to purchase zero-emission buses;
5        (2) the lack of necessary charging, fueling, or
6    storage facilities or funding to procure charging,
7    fueling, or storage facilities; or
8        (3) the inability of a third party to enter into a
9    contractual or commercial relationship with a Service
10    Board that is necessary to carry out the purposes of this
11    Section.
 
12    (70 ILCS 3615/2.40 new)
13    Sec. 2.40. Suspension of riding privileges and
14confiscation of fare media.
15    (a) As used in this Section, "demographic information"
16includes, but is not limited to, age, race, ethnicity, gender,
17and housing status, as that term is defined under Section 10 of
18the Bill of Rights for the Homeless Act.
19    (b) Suspension of riding privileges and confiscation of
20fare media are limited to:
21        (1) violations where the person's conduct places
22    transit employees or transit passengers in reasonable
23    apprehension of a threat to their safety or the safety of
24    others, including assault and battery, as those terms are
25    defined under Sections 12-1 and 12-3 of the Criminal Code

 

 

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1    of 2012;
2        (2) violations where the person's conduct places
3    transit employees or transit passengers in reasonable
4    apprehension of a threat of a criminal sexual assault, as
5    that term is defined under Section 11-1.20 of the Criminal
6    Code of 2012; and
7        (3) violations involving an act of public indecency,
8    as that term is defined in Section 11-30 of the Criminal
9    Code of 2012.
10    (c) Written notice shall be provided to an individual
11regarding the suspension of the individual's riding privileges
12or confiscation of fare media. The notice shall be provided in
13person at the time of the alleged violation, except that, if
14providing notice in person at the time of the alleged
15violation is not practicable, then the Authority shall make a
16reasonable effort to provide notice to the individual by
17personal service, by mailing a copy of the notice by certified
18mail, return receipt requested, and first-class mail to the
19person's current address, or by emailing a copy of the notice
20to an email address on file, if available. If the person is
21known to be detained in jail, service shall be made as provided
22under Section 2-203.2 of the Code of Civil Procedure. The
23written notice shall be sufficient to inform the individual
24about the following:
25        (1) the nature of the suspension of riding privileges
26    or confiscation of fare media;

 

 

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1        (2) the person's rights and available remedies to
2    contest or appeal the suspension of riding privileges or
3    confiscation of fare media and to apply for reinstatement
4    of riding privileges; and
5        (3) the procedures for adjudicating whether a
6    suspension or confiscation is warranted and for applying
7    for reinstatement of riding privileges, including the time
8    and location of any hearing.
9    The process to determine whether a suspension or riding
10privileges or confiscation of fare media is warranted and the
11length of the suspension shall be concluded within 30 business
12days after the individual receives notice of the suspension or
13confiscation.
14    Notwithstanding any other provision of this Section, no
15person shall be denied the ability to contest or appeal a
16suspension of riding privileges or confiscation of fare media,
17or to attend a hearing to determine whether a suspension or
18confiscation was warranted, because the person was detained in
19a jail.
20    (d) Each Service Board shall create an administrative
21suspension hearing process as follows:
22        (1) A Service Board shall designate an official to
23    oversee the administrative process to decide whether a
24    suspension is warranted and the length of the suspension.
25        (2) The accused and related parties, including legal
26    counsel, may attend this hearing in person, by telephone,

 

 

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1    or virtually.
2        (3) The Service Board shall present the
3    suspension-related evidence and outline the evidence that
4    supports the need for the suspension.
5        (4) The accused or the accused's legal counsel can
6    present and may make an oral or written presentation and
7    offer documents, including affidavits, in response to the
8    Service Board's evidence.
9        (5) The Service Board's designated official shall make
10    a finding on the suspension.
11        (6) The value of unexpended credit or unexpired passes
12    shall be reimbursed upon suspension of riding privileges
13    or confiscation of fare media.
14        (7) The alleged victims of the violation and related
15    parties, including witnesses who were present, may attend
16    this hearing in person, by telephone, or virtually.
17        (8) The alleged victims of the violation and related
18    parties, including witnesses who were present, can present
19    and may make an oral or written presentation and offer
20    documents, including affidavits, in response to the
21    Service Board's evidence.
22    (e) Each Service Board shall create a process to appeal
23and reinstate ridership privileges. This information shall be
24provided to the suspended rider at the time of the Service
25Board's findings. A suspended rider is entitled to 2 appeals
26after the Service Board's finding to suspend the person's

 

 

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1ridership. A suspended rider may petition the Service Board to
2reinstate the person's ridership privileges one calendar year
3after the Service Board's suspension finding if the length of
4the suspension is more than one year.
5    (f) Each Service Board shall collect, report, and make
6publicly available in a quarterly timeframe the number and
7demographic information of people subject to suspension of
8riding privileges or confiscation of fare media, the conduct
9leading to the suspension or confiscation, as well as the
10location and description of the location where the conduct
11occurred, such as identifying the transit station or transit
12line, date, and time of day, a citation to the statutory
13authority for which the accused person was arrested or
14charged, the amount, if any, on the fare media, and the length
15of the suspension.
 
16    (70 ILCS 3615/2.41 new)
17    Sec. 2.41. Domestic Violence and Sexual Assault Regional
18Transit Authority Public Transportation Assistance Program.
19    (a) No later than 90 days after the effective date of this
20amendatory Act of the 103rd General Assembly, the Authority
21shall create the Domestic Violence and Sexual Assault Regional
22Transit Authority Public Transportation Assistance Program to
23serve residents of the Authority.
24    Through this Program, the Authority shall issue monetarily
25preloaded mass transit cards to The Network: Advocating

 

 

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1Against Domestic Violence for survivor and victim use of
2public transportation through Chicago Transit Authority, the
3Suburban Bus Division, and the Commuter Rail Division.
4    The Authority shall coordinate with The Network:
5Advocating Against Domestic Violence to issue no less than
625,000 monetarily preloaded mass transit cards with a value of
7$20 per card for distribution to domestic violence and sexual
8assault service providers throughout the Authority's
9jurisdiction, including the counties of Cook, Kane, DuPage,
10Will, Lake, and McHenry.
11    The mass transit card shall be plastic or laminated and
12wallet-sized, contain no information that would reference
13domestic violence or sexual assault services, and have no
14expiration date. The cards shall also be available
15electronically and shall be distributed to domestic violence
16and sexual assault direct service providers to distribute to
17survivors.
18    The total number of mass transit cards shall be
19distributed to domestic violence and sexual assault service
20providers throughout the Authority's region based on the
21average number of clients served in 2021 and 2022 in
22comparison to the total number of mass transit cards granted
23by the Authority.
24    (b) The creation of the Program shall include an
25appointment of a domestic violence or sexual assault program
26service provider or a representative of the service provider's

 

 

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1choosing to the Authority's Citizen Advisory Board.
2    The Network: Advocating Against Domestic Violence shall
3provide an annual report of the program, including a list of
4service providers receiving the mass transit cards, the total
5number of cards received by each service provider, and an
6estimated number of survivors and victims of domestic violence
7and sexual assault participating in the program. The report
8shall also include survivor testimonies of the program and
9shall include program provided recommendations on improving
10implementation of the Program. The report shall be provided to
11the Regional Transit Authority one calendar year after the
12creation of the Program.
13    In partnership with The Network: Advocating Against
14Domestic Violence, the Authority shall report this information
15to the Board and the Citizen Advisory Board and compile an
16annual report of the Program to the General Assembly and to
17domestic violence and sexual assault service providers in the
18service providers' jurisdiction and include recommendations
19for improving implementation of the Program.
 
20    (70 ILCS 3615/2.42 new)
21    Sec. 2.42. Youth and young adults internships and
22employment. By January 1, 2024, the Suburban Bus Board and the
23Commuter Rail Board shall create or partner with a youth jobs
24program to provide internship or employment opportunities to
25youth and young adults.
 

 

 

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1    (70 ILCS 3615/3.12 new)
2    Sec. 3.12. Reduced or free transit fare study.
3    (a) By July 1, 2024, the Authority shall conduct a study
4and submit a report to the Governor and General Assembly
5regarding free and reduced fares and the development of a more
6equitable fare structure for the regional transit system. The
7study shall include:
8        (1) The impact and feasibility of providing year-round
9    reduced or free transit fares, including, but not limited
10    to, veterans, returning residents, students and youths,
11    people experiencing low-incomes, and other riders who are
12    not currently receiving free or reduced fares.
13        (2) A review of all reduced fare programs administered
14    by the Authority and the service boards, which includes
15    information on accounting of the total cost of the
16    program, costs to increase the program, current sources of
17    funding for the program, and recommendations to increase
18    enrollment in current reduced fare and free-ride programs
19    and any other recommendations for improvements to the
20    programs.
21        (3) Analysis of how reduced and free ride programs and
22    changes in eligibility and funding for these programs
23    would affect the regional transit operating budget.
24    (b) In this Section, "returning resident" means any United
25States resident who is 17 years of age or older and has been in

 

 

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1and left the physical custody of the Department of Corrections
2within the last 36 months.
3    
 
4    (70 ILCS 3615/3A.09)  (from Ch. 111 2/3, par. 703A.09)
5    Sec. 3A.09. General powers. In addition to any powers
6elsewhere provided to the Suburban Bus Board, it shall have
7all of the powers specified in Section 2.20 of this Act except
8for the powers specified in Section 2.20(a)(v). The Board
9shall also have the power:
10        (a) to cooperate with the Regional Transportation
11    Authority in the exercise by the Regional Transportation
12    Authority of all the powers granted it by such Act;
13        (b) to receive funds from the Regional Transportation
14    Authority pursuant to Sections 2.02, 4.01, 4.02, 4.09 and
15    4.10 of the Regional Transportation Authority Act, all as
16    provided in the Regional Transportation Authority Act;
17        (c) to receive financial grants from the Regional
18    Transportation Authority or a Service Board, as defined in
19    the Regional Transportation Authority Act, upon such terms
20    and conditions as shall be set forth in a grant contract
21    between either the Division and the Regional
22    Transportation Authority or the Division and another
23    Service Board, which contract or agreement may be for such
24    number of years or duration as the parties agree, all as
25    provided in the Regional Transportation Authority Act;

 

 

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1        (d) to perform all functions necessary for the
2    provision of paratransit services under Section 2.30 of
3    this Act; and
4        (e) to borrow money for the purposes of: (i)
5    constructing a new garage in the northwestern Cook County
6    suburbs, (ii) converting the South Cook garage in Markham
7    to a Compressed Natural Gas facility, (iii) constructing a
8    new paratransit garage in DuPage County, (iv) expanding
9    the North Shore garage in Evanston to accommodate
10    additional indoor bus parking, and (v) purchasing new
11    transit buses. For the purpose of evidencing the
12    obligation of the Suburban Bus Board to repay any money
13    borrowed as provided in this subsection, the Suburban Bus
14    Board may issue revenue bonds from time to time pursuant
15    to ordinance adopted by the Suburban Bus Board, subject to
16    the approval of the Regional Transportation Authority of
17    each such issuance by the affirmative vote of 12 of its
18    then Directors; provided that the Suburban Bus Board may
19    not issue bonds for the purpose of financing the
20    acquisition, construction, or improvement of any facility
21    other than those listed in this subsection (e). All such
22    bonds shall be payable solely from the revenues or income
23    or any other funds that the Suburban Bus Board may
24    receive, provided that the Suburban Bus Board may not
25    pledge as security for such bonds the moneys, if any, that
26    the Suburban Bus Board receives from the Regional

 

 

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1    Transportation Authority pursuant to Section 4.03.3(f) of
2    the Regional Transportation Authority Act. The bonds shall
3    bear interest at a rate not to exceed the maximum rate
4    authorized by the Bond Authorization Act and shall mature
5    at such time or times not exceeding 25 years from their
6    respective dates. Bonds issued pursuant to this paragraph
7    must be issued with scheduled principal or mandatory
8    redemption payments in equal amounts in each fiscal year
9    over the term of the bonds, with the first principal or
10    mandatory redemption payment scheduled within the fiscal
11    year in which bonds are issued or within the next
12    succeeding fiscal year. At least 25%, based on total
13    principal amount, of all bonds authorized pursuant to this
14    Section shall be sold pursuant to notice of sale and
15    public bid. No more than 75%, based on total principal
16    amount, of all bonds authorized pursuant to this Section
17    shall be sold by negotiated sale. The maximum principal
18    amount of the bonds that may be issued may not exceed
19    $100,000,000. The bonds shall have all the qualities of
20    negotiable instruments under the laws of this State. To
21    secure the payment of any or all of such bonds and for the
22    purpose of setting forth the covenants and undertakings of
23    the Suburban Bus Board in connection with the issuance
24    thereof and the issuance of any additional bonds payable
25    from such revenue or income as well as the use and
26    application of the revenue or income received by the

 

 

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1    Suburban Bus Board, the Suburban Bus Board may execute and
2    deliver a trust agreement or agreements; provided that no
3    lien upon any physical property of the Suburban Bus Board
4    shall be created thereby. A remedy for any breach or
5    default of the terms of any such trust agreement by the
6    Suburban Bus Board may be by mandamus proceedings in any
7    court of competent jurisdiction to compel performance and
8    compliance therewith, but the trust agreement may
9    prescribe by whom or on whose behalf such action may be
10    instituted. Under no circumstances shall any bonds issued
11    by the Suburban Bus Board or any other obligation of the
12    Suburban Bus Board in connection with the issuance of such
13    bonds be or become an indebtedness or obligation of the
14    State of Illinois, the Regional Transportation Authority,
15    or any other political subdivision of or municipality
16    within the State, nor shall any such bonds or obligations
17    be or become an indebtedness of the Suburban Bus Board
18    within the purview of any constitutional limitation or
19    provision, and it shall be plainly stated on the face of
20    each bond that it does not constitute such an indebtedness
21    or obligation but is payable solely from the revenues or
22    income as aforesaid; and .
23        (f) to adopt ordinances and make all rules and
24    regulations proper or necessary to regulate the use,
25    operation, and maintenance of its property and facilities
26    and to carry into effect the powers granted to the

 

 

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1    Suburban Bus Board, with any necessary fines or penalties,
2    such as the suspension of riding privileges or
3    confiscation of fare media under Section 2.40, as the
4    Board deems proper.
5(Source: P.A. 99-665, eff. 7-29-16.)
 
6    (70 ILCS 3615/3B.09c new)
7    Sec. 3B.09c. Regulation of the use, operation, and
8maintenance of property. The Chief of Police of the Metra
9Police Department may make rules and regulations proper or
10necessary to regulate the use, operation, and maintenance of
11the property and facilities of the Commuter Rail Board and to
12carry into effect the powers granted to the Chief by the
13Commuter Rail Board, with any necessary fines or penalties,
14such as the suspension of riding privileges or confiscation of
15fare media under Section 2.40, that the Chief deems proper.
 
16    (70 ILCS 3615/4.01)  (from Ch. 111 2/3, par. 704.01)
17    Sec. 4.01. Budget and Program.
18    (a) The Board shall control the finances of the Authority.
19It shall by ordinance adopted by the affirmative vote of at
20least 12 of its then Directors (i) appropriate money to
21perform the Authority's purposes and provide for payment of
22debts and expenses of the Authority, (ii) take action with
23respect to the budget and two-year financial plan of each
24Service Board, as provided in Section 4.11, and (iii) adopt an

 

 

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1Annual Budget and Two-Year Financial Plan for the Authority
2that includes the annual budget and two-year financial plan of
3each Service Board that has been approved by the Authority.
4The Annual Budget and Two-Year Financial Plan shall contain a
5statement of the funds estimated to be on hand for the
6Authority and each Service Board at the beginning of the
7fiscal year, the funds estimated to be received from all
8sources for such year, the estimated expenses and obligations
9of the Authority and each Service Board for all purposes,
10including expenses for contributions to be made with respect
11to pension and other employee benefits, and the funds
12estimated to be on hand at the end of such year. The fiscal
13year of the Authority and each Service Board shall begin on
14January 1st and end on the succeeding December 31st. By July
151st of each year the Director of the Illinois Governor's
16Office of Management and Budget (formerly Bureau of the
17Budget) shall submit to the Authority an estimate of revenues
18for the next fiscal year of the Authority to be collected from
19the taxes imposed by the Authority and the amounts to be
20available in the Public Transportation Fund and the Regional
21Transportation Authority Occupation and Use Tax Replacement
22Fund and the amounts otherwise to be appropriated by the State
23to the Authority for its purposes. The Authority shall file a
24copy of its Annual Budget and Two-Year Financial Plan with the
25General Assembly and the Governor after its adoption. Before
26the proposed Annual Budget and Two-Year Financial Plan is

 

 

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1adopted, the Authority shall hold at least one public hearing
2thereon in the metropolitan region, and shall meet with the
3county board or its designee of each of the several counties in
4the metropolitan region. After conducting such hearings and
5holding such meetings and after making such changes in the
6proposed Annual Budget and Two-Year Financial Plan as the
7Board deems appropriate, the Board shall adopt its annual
8appropriation and Annual Budget and Two-Year Financial Plan
9ordinance. The ordinance may be adopted only upon the
10affirmative votes of 12 of its then Directors. The ordinance
11shall appropriate such sums of money as are deemed necessary
12to defray all necessary expenses and obligations of the
13Authority, specifying purposes and the objects or programs for
14which appropriations are made and the amount appropriated for
15each object or program. Additional appropriations, transfers
16between items and other changes in such ordinance may be made
17from time to time by the Board upon the affirmative votes of 12
18of its then Directors.
19    (b) The Annual Budget and Two-Year Financial Plan shall
20show a balance between anticipated revenues from all sources
21and anticipated expenses including funding of operating
22deficits or the discharge of encumbrances incurred in prior
23periods and payment of principal and interest when due, and
24shall show cash balances sufficient to pay with reasonable
25promptness all obligations and expenses as incurred.
26    The Annual Budget and Two-Year Financial Plan must show:

 

 

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1        (i) that the level of fares and charges for mass
2    transportation provided by, or under grant or purchase of
3    service contracts of, the Service Boards is sufficient to
4    cause the aggregate of all projected fare revenues from
5    such fares and charges received in each fiscal year to
6    equal at least 50% of the aggregate costs of providing
7    such public transportation in such fiscal year. However,
8    due to the fiscal impacts of the COVID-19 pandemic, the
9    aggregate of all projected fare revenues from such fares
10    and charges received in fiscal years 2021, 2022, and 2023,
11    2024, and 2025 may be less than 50% of the aggregate costs
12    of providing such public transportation in those fiscal
13    years. "Fare revenues" include the proceeds of all fares
14    and charges for services provided, contributions received
15    in connection with public transportation from units of
16    local government other than the Authority, except for
17    contributions received by the Chicago Transit Authority
18    from a real estate transfer tax imposed under subsection
19    (i) of Section 8-3-19 of the Illinois Municipal Code, and
20    from the State pursuant to subsection (i) of Section
21    2705-305 of the Department of Transportation Law (20 ILCS
22    2705/2705-305), and all other operating revenues properly
23    included consistent with generally accepted accounting
24    principles but do not include: the proceeds of any
25    borrowings, and, beginning with the 2007 fiscal year, all
26    revenues and receipts, including but not limited to fares

 

 

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1    and grants received from the federal, State or any unit of
2    local government or other entity, derived from providing
3    ADA paratransit service pursuant to Section 2.30 of the
4    Regional Transportation Authority Act. "Costs" include all
5    items properly included as operating costs consistent with
6    generally accepted accounting principles, including
7    administrative costs, but do not include: depreciation;
8    payment of principal and interest on bonds, notes or other
9    evidences of obligation for borrowed money issued by the
10    Authority; payments with respect to public transportation
11    facilities made pursuant to subsection (b) of Section 2.20
12    of this Act; any payments with respect to rate protection
13    contracts, credit enhancements or liquidity agreements
14    made under Section 4.14; any other cost to which it is
15    reasonably expected that a cash expenditure will not be
16    made; costs for passenger security including grants,
17    contracts, personnel, equipment and administrative
18    expenses, except in the case of the Chicago Transit
19    Authority, in which case the term does not include costs
20    spent annually by that entity for protection against crime
21    as required by Section 27a of the Metropolitan Transit
22    Authority Act; the payment by the Chicago Transit
23    Authority of Debt Service, as defined in Section 12c of
24    the Metropolitan Transit Authority Act, on bonds or notes
25    issued pursuant to that Section; the payment by the
26    Commuter Rail Division of debt service on bonds issued

 

 

HB1342 Enrolled- 33 -LRB103 24929 AWJ 51263 b

1    pursuant to Section 3B.09; expenses incurred by the
2    Suburban Bus Division for the cost of new public
3    transportation services funded from grants pursuant to
4    Section 2.01e of this amendatory Act of the 95th General
5    Assembly for a period of 2 years from the date of
6    initiation of each such service; costs as exempted by the
7    Board for projects pursuant to Section 2.09 of this Act;
8    or, beginning with the 2007 fiscal year, expenses related
9    to providing ADA paratransit service pursuant to Section
10    2.30 of the Regional Transportation Authority Act; and in
11    fiscal years 2008 through 2012 inclusive, costs in the
12    amount of $200,000,000 in fiscal year 2008, reducing by
13    $40,000,000 in each fiscal year thereafter until this
14    exemption is eliminated; and
15        (ii) that the level of fares charged for ADA
16    paratransit services is sufficient to cause the aggregate
17    of all projected revenues from such fares charged and
18    received in each fiscal year to equal at least 10% of the
19    aggregate costs of providing such ADA paratransit
20    services. However, due to the fiscal impacts of the
21    COVID-19 pandemic, the aggregate of all projected fare
22    revenues from such fares and charges received in fiscal
23    years 2021, 2022, and 2023, 2024, and 2025 may be less than
24    10% of the aggregate costs of providing such ADA
25    paratransit services in those fiscal years. For purposes
26    of this Act, the percentages in this subsection (b)(ii)

 

 

HB1342 Enrolled- 34 -LRB103 24929 AWJ 51263 b

1    shall be referred to as the "system generated ADA
2    paratransit services revenue recovery ratio". For purposes
3    of the system generated ADA paratransit services revenue
4    recovery ratio, "costs" shall include all items properly
5    included as operating costs consistent with generally
6    accepted accounting principles. However, the Board may
7    exclude from costs an amount that does not exceed the
8    allowable "capital costs of contracting" for ADA
9    paratransit services pursuant to the Federal Transit
10    Administration guidelines for the Urbanized Area Formula
11    Program.
12    The Authority shall file a statement certifying that the
13Service Boards published the data described in subsection
14(b-5) with the General Assembly and the Governor after
15adoption of the Annual Budget and Two-Year Financial Plan
16required by subsection (a). If the Authority fails to file a
17statement certifying publication of the data, then the
18appropriations to the Department of Transportation for grants
19to the Authority intended to reimburse the Service Boards for
20providing free and reduced fares shall be withheld.
21    (b-5) For fiscal years 2024 and 2025, the Service Boards
22must publish a monthly comprehensive set of data regarding
23transit service and safety. The data included shall include
24information to track operations including:
25        (1) staffing levels, including numbers of budgeted
26    positions, current positions employed, hired staff,

 

 

HB1342 Enrolled- 35 -LRB103 24929 AWJ 51263 b

1    attrition, staff in training, and absenteeism rates;
2        (2) scheduled service and delivered service, including
3    percentage of scheduled service delivered by day, service
4    by mode of transportation, service by route and rail line,
5    total number of revenue miles driven, excess wait times by
6    day, by mode of transportation, by bus route, and by stop;
7    and
8        (3) safety on the system, including the number of
9    incidents of crime and code of conduct violations on
10    system, any performance measures used to evaluate the
11    effectiveness of investments in private security, safety
12    equipment, and other security investments in the system.
13    If no performance measures exist to evaluate the
14    effectiveness of these safety investments, the Service
15    Boards and Authority shall develop and publish these
16    performance measures.
17    The Authority and Service Boards shall solicit input and
18ideas on publishing data on the service reliability,
19operations, and safety of the system from the public and
20groups representing transit riders, workers, and businesses.
21    (c) The actual administrative expenses of the Authority
22for the fiscal year commencing January 1, 1985 may not exceed
23$5,000,000. The actual administrative expenses of the
24Authority for the fiscal year commencing January 1, 1986, and
25for each fiscal year thereafter shall not exceed the maximum
26administrative expenses for the previous fiscal year plus 5%.

 

 

HB1342 Enrolled- 36 -LRB103 24929 AWJ 51263 b

1"Administrative expenses" are defined for purposes of this
2Section as all expenses except: (1) capital expenses and
3purchases of the Authority on behalf of the Service Boards;
4(2) payments to Service Boards; and (3) payment of principal
5and interest on bonds, notes or other evidence of obligation
6for borrowed money issued by the Authority; (4) costs for
7passenger security including grants, contracts, personnel,
8equipment and administrative expenses; (5) payments with
9respect to public transportation facilities made pursuant to
10subsection (b) of Section 2.20 of this Act; and (6) any
11payments with respect to rate protection contracts, credit
12enhancements or liquidity agreements made pursuant to Section
134.14.
14    (d) This subsection applies only until the Department
15begins administering and enforcing an increased tax under
16Section 4.03(m) as authorized by this amendatory Act of the
1795th General Assembly. After withholding 15% of the proceeds
18of any tax imposed by the Authority and 15% of money received
19by the Authority from the Regional Transportation Authority
20Occupation and Use Tax Replacement Fund, the Board shall
21allocate the proceeds and money remaining to the Service
22Boards as follows: (1) an amount equal to 85% of the proceeds
23of those taxes collected within the City of Chicago and 85% of
24the money received by the Authority on account of transfers to
25the Regional Transportation Authority Occupation and Use Tax
26Replacement Fund from the County and Mass Transit District

 

 

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1Fund attributable to retail sales within the City of Chicago
2shall be allocated to the Chicago Transit Authority; (2) an
3amount equal to 85% of the proceeds of those taxes collected
4within Cook County outside the City of Chicago and 85% of the
5money received by the Authority on account of transfers to the
6Regional Transportation Authority Occupation and Use Tax
7Replacement Fund from the County and Mass Transit District
8Fund attributable to retail sales within Cook County outside
9of the city of Chicago shall be allocated 30% to the Chicago
10Transit Authority, 55% to the Commuter Rail Board and 15% to
11the Suburban Bus Board; and (3) an amount equal to 85% of the
12proceeds of the taxes collected within the Counties of DuPage,
13Kane, Lake, McHenry and Will shall be allocated 70% to the
14Commuter Rail Board and 30% to the Suburban Bus Board.
15    (e) This subsection applies only until the Department
16begins administering and enforcing an increased tax under
17Section 4.03(m) as authorized by this amendatory Act of the
1895th General Assembly. Moneys received by the Authority on
19account of transfers to the Regional Transportation Authority
20Occupation and Use Tax Replacement Fund from the State and
21Local Sales Tax Reform Fund shall be allocated among the
22Authority and the Service Boards as follows: 15% of such
23moneys shall be retained by the Authority and the remaining
2485% shall be transferred to the Service Boards as soon as may
25be practicable after the Authority receives payment. Moneys
26which are distributable to the Service Boards pursuant to the

 

 

HB1342 Enrolled- 38 -LRB103 24929 AWJ 51263 b

1preceding sentence shall be allocated among the Service Boards
2on the basis of each Service Board's distribution ratio. The
3term "distribution ratio" means, for purposes of this
4subsection (e) of this Section 4.01, the ratio of the total
5amount distributed to a Service Board pursuant to subsection
6(d) of Section 4.01 for the immediately preceding calendar
7year to the total amount distributed to all of the Service
8Boards pursuant to subsection (d) of Section 4.01 for the
9immediately preceding calendar year.
10    (f) To carry out its duties and responsibilities under
11this Act, the Board shall employ staff which shall: (1)
12propose for adoption by the Board of the Authority rules for
13the Service Boards that establish (i) forms and schedules to
14be used and information required to be provided with respect
15to a five-year capital program, annual budgets, and two-year
16financial plans and regular reporting of actual results
17against adopted budgets and financial plans, (ii) financial
18practices to be followed in the budgeting and expenditure of
19public funds, (iii) assumptions and projections that must be
20followed in preparing and submitting its annual budget and
21two-year financial plan or a five-year capital program; (2)
22evaluate for the Board public transportation programs operated
23or proposed by the Service Boards and transportation agencies
24in terms of the goals and objectives set out in the Strategic
25Plan; (3) keep the Board and the public informed of the extent
26to which the Service Boards and transportation agencies are

 

 

HB1342 Enrolled- 39 -LRB103 24929 AWJ 51263 b

1meeting the goals and objectives adopted by the Authority in
2the Strategic Plan; and (4) assess the efficiency or adequacy
3of public transportation services provided by a Service Board
4and make recommendations for change in that service to the end
5that the moneys available to the Authority may be expended in
6the most economical manner possible with the least possible
7duplication.
8    (g) All Service Boards, transportation agencies,
9comprehensive planning agencies, including the Chicago
10Metropolitan Agency for Planning, or transportation planning
11agencies in the metropolitan region shall furnish to the
12Authority such information pertaining to public transportation
13or relevant for plans therefor as it may from time to time
14require. The Executive Director, or his or her designee,
15shall, for the purpose of securing any such information
16necessary or appropriate to carry out any of the powers and
17responsibilities of the Authority under this Act, have access
18to, and the right to examine, all books, documents, papers or
19records of a Service Board or any transportation agency
20receiving funds from the Authority or Service Board, and such
21Service Board or transportation agency shall comply with any
22request by the Executive Director, or his or her designee,
23within 30 days or an extended time provided by the Executive
24Director.
25    (h) No Service Board shall undertake any capital
26improvement which is not identified in the Five-Year Capital

 

 

HB1342 Enrolled- 40 -LRB103 24929 AWJ 51263 b

1Program.
2    (i) Each Service Board shall furnish to the Board access
3to its financial information including, but not limited to,
4audits and reports. The Board shall have real-time access to
5the financial information of the Service Boards; however, the
6Board shall be granted read-only access to the Service Board's
7financial information.
8(Source: P.A. 102-678, eff. 12-10-21.)
 
9    (70 ILCS 3615/4.09)  (from Ch. 111 2/3, par. 704.09)
10    Sec. 4.09. Public Transportation Fund and the Regional
11Transportation Authority Occupation and Use Tax Replacement
12Fund.
13    (a)(1) Except as otherwise provided in paragraph (4), as
14soon as possible after the first day of each month, beginning
15July 1, 1984, upon certification of the Department of Revenue,
16the Comptroller shall order transferred and the Treasurer
17shall transfer from the General Revenue Fund to a special fund
18in the State Treasury to be known as the Public Transportation
19Fund an amount equal to 25% of the net revenue, before the
20deduction of the serviceman and retailer discounts pursuant to
21Section 9 of the Service Occupation Tax Act and Section 3 of
22the Retailers' Occupation Tax Act, realized from any tax
23imposed by the Authority pursuant to Sections 4.03 and 4.03.1
24and 25% of the amounts deposited into the Regional
25Transportation Authority tax fund created by Section 4.03 of

 

 

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1this Act, from the County and Mass Transit District Fund as
2provided in Section 6z-20 of the State Finance Act and 25% of
3the amounts deposited into the Regional Transportation
4Authority Occupation and Use Tax Replacement Fund from the
5State and Local Sales Tax Reform Fund as provided in Section
66z-17 of the State Finance Act. On the first day of the month
7following the date that the Department receives revenues from
8increased taxes under Section 4.03(m) as authorized by Public
9Act 95-708, in lieu of the transfers authorized in the
10preceding sentence, upon certification of the Department of
11Revenue, the Comptroller shall order transferred and the
12Treasurer shall transfer from the General Revenue Fund to the
13Public Transportation Fund an amount equal to 25% of the net
14revenue, before the deduction of the serviceman and retailer
15discounts pursuant to Section 9 of the Service Occupation Tax
16Act and Section 3 of the Retailers' Occupation Tax Act,
17realized from (i) 80% of the proceeds of any tax imposed by the
18Authority at a rate of 1.25% in Cook County, (ii) 75% of the
19proceeds of any tax imposed by the Authority at the rate of 1%
20in Cook County, and (iii) one-third of the proceeds of any tax
21imposed by the Authority at the rate of 0.75% in the Counties
22of DuPage, Kane, Lake, McHenry, and Will, all pursuant to
23Section 4.03, and 25% of the net revenue realized from any tax
24imposed by the Authority pursuant to Section 4.03.1, and 25%
25of the amounts deposited into the Regional Transportation
26Authority tax fund created by Section 4.03 of this Act from the

 

 

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1County and Mass Transit District Fund as provided in Section
26z-20 of the State Finance Act, and 25% of the amounts
3deposited into the Regional Transportation Authority
4Occupation and Use Tax Replacement Fund from the State and
5Local Sales Tax Reform Fund as provided in Section 6z-17 of the
6State Finance Act. As used in this Section, net revenue
7realized for a month shall be the revenue collected by the
8State pursuant to Sections 4.03 and 4.03.1 during the previous
9month from within the metropolitan region, less the amount
10paid out during that same month as refunds to taxpayers for
11overpayment of liability in the metropolitan region under
12Sections 4.03 and 4.03.1.
13    Notwithstanding any provision of law to the contrary,
14beginning on July 6, 2017 (the effective date of Public Act
15100-23), those amounts required under this paragraph (1) of
16subsection (a) to be transferred by the Treasurer into the
17Public Transportation Fund from the General Revenue Fund shall
18be directly deposited into the Public Transportation Fund as
19the revenues are realized from the taxes indicated.
20    (2) Except as otherwise provided in paragraph (4), on
21February 1, 2009 (the first day of the month following the
22effective date of Public Act 95-708) and each month
23thereafter, upon certification by the Department of Revenue,
24the Comptroller shall order transferred and the Treasurer
25shall transfer from the General Revenue Fund to the Public
26Transportation Fund an amount equal to 5% of the net revenue,

 

 

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1before the deduction of the serviceman and retailer discounts
2pursuant to Section 9 of the Service Occupation Tax Act and
3Section 3 of the Retailers' Occupation Tax Act, realized from
4any tax imposed by the Authority pursuant to Sections 4.03 and
54.03.1 and certified by the Department of Revenue under
6Section 4.03(n) of this Act to be paid to the Authority and 5%
7of the amounts deposited into the Regional Transportation
8Authority tax fund created by Section 4.03 of this Act from the
9County and Mass Transit District Fund as provided in Section
106z-20 of the State Finance Act, and 5% of the amounts deposited
11into the Regional Transportation Authority Occupation and Use
12Tax Replacement Fund from the State and Local Sales Tax Reform
13Fund as provided in Section 6z-17 of the State Finance Act, and
145% of the revenue realized by the Chicago Transit Authority as
15financial assistance from the City of Chicago from the
16proceeds of any tax imposed by the City of Chicago under
17Section 8-3-19 of the Illinois Municipal Code.
18    Notwithstanding any provision of law to the contrary,
19beginning on July 6, 2017 (the effective date of Public Act
20100-23), those amounts required under this paragraph (2) of
21subsection (a) to be transferred by the Treasurer into the
22Public Transportation Fund from the General Revenue Fund shall
23be directly deposited into the Public Transportation Fund as
24the revenues are realized from the taxes indicated.
25    (3) Except as otherwise provided in paragraph (4), as soon
26as possible after the first day of January, 2009 and each month

 

 

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1thereafter, upon certification of the Department of Revenue
2with respect to the taxes collected under Section 4.03, the
3Comptroller shall order transferred and the Treasurer shall
4transfer from the General Revenue Fund to the Public
5Transportation Fund an amount equal to 25% of the net revenue,
6before the deduction of the serviceman and retailer discounts
7pursuant to Section 9 of the Service Occupation Tax Act and
8Section 3 of the Retailers' Occupation Tax Act, realized from
9(i) 20% of the proceeds of any tax imposed by the Authority at
10a rate of 1.25% in Cook County, (ii) 25% of the proceeds of any
11tax imposed by the Authority at the rate of 1% in Cook County,
12and (iii) one-third of the proceeds of any tax imposed by the
13Authority at the rate of 0.75% in the Counties of DuPage, Kane,
14Lake, McHenry, and Will, all pursuant to Section 4.03, and the
15Comptroller shall order transferred and the Treasurer shall
16transfer from the General Revenue Fund to the Public
17Transportation Fund (iv) an amount equal to 25% of the revenue
18realized by the Chicago Transit Authority as financial
19assistance from the City of Chicago from the proceeds of any
20tax imposed by the City of Chicago under Section 8-3-19 of the
21Illinois Municipal Code.
22    Notwithstanding any provision of law to the contrary,
23beginning on July 6, 2017 (the effective date of Public Act
24100-23), those amounts required under this paragraph (3) of
25subsection (a) to be transferred by the Treasurer into the
26Public Transportation Fund from the General Revenue Fund shall

 

 

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1be directly deposited into the Public Transportation Fund as
2the revenues are realized from the taxes indicated.
3    (4) Notwithstanding any provision of law to the contrary,
4of the transfers to be made under paragraphs (1), (2), and (3)
5of this subsection (a) from the General Revenue Fund to the
6Public Transportation Fund, the first $150,000,000 that would
7have otherwise been transferred from the General Revenue Fund
8shall be transferred from the Road Fund. The remaining balance
9of such transfers shall be made from the General Revenue Fund.
10    (5) (Blank).
11    (6) (Blank).
12    (7) For State fiscal year 2020 only, notwithstanding any
13provision of law to the contrary, the total amount of revenue
14and deposits under this Section attributable to revenues
15realized during State fiscal year 2020 shall be reduced by 5%.
16    (8) For State fiscal year 2021 only, notwithstanding any
17provision of law to the contrary, the total amount of revenue
18and deposits under this Section attributable to revenues
19realized during State fiscal year 2021 shall be reduced by 5%.
20    (b)(1) All moneys deposited in the Public Transportation
21Fund and the Regional Transportation Authority Occupation and
22Use Tax Replacement Fund, whether deposited pursuant to this
23Section or otherwise, are allocated to the Authority, except
24for amounts appropriated to the Office of the Executive
25Inspector General as authorized by subsection (h) of Section
264.03.3 and amounts transferred to the Audit Expense Fund

 

 

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1pursuant to Section 6z-27 of the State Finance Act. The
2Comptroller, as soon as possible after each monthly transfer
3provided in this Section and after each deposit into the
4Public Transportation Fund, shall order the Treasurer to pay
5to the Authority out of the Public Transportation Fund the
6amount so transferred or deposited. Any Additional State
7Assistance and Additional Financial Assistance paid to the
8Authority under this Section shall be expended by the
9Authority for its purposes as provided in this Act. The
10balance of the amounts paid to the Authority from the Public
11Transportation Fund shall be expended by the Authority as
12provided in Section 4.03.3. The Comptroller, as soon as
13possible after each deposit into the Regional Transportation
14Authority Occupation and Use Tax Replacement Fund provided in
15this Section and Section 6z-17 of the State Finance Act, shall
16order the Treasurer to pay to the Authority out of the Regional
17Transportation Authority Occupation and Use Tax Replacement
18Fund the amount so deposited. Such amounts paid to the
19Authority may be expended by it for its purposes as provided in
20this Act. The provisions directing the distributions from the
21Public Transportation Fund and the Regional Transportation
22Authority Occupation and Use Tax Replacement Fund provided for
23in this Section shall constitute an irrevocable and continuing
24appropriation of all amounts as provided herein. The State
25Treasurer and State Comptroller are hereby authorized and
26directed to make distributions as provided in this Section.

 

 

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1(2) Provided, however, no moneys deposited under subsection
2(a) of this Section shall be paid from the Public
3Transportation Fund to the Authority or its assignee for any
4fiscal year until the Authority has certified to the Governor,
5the Comptroller, and the Mayor of the City of Chicago that it
6has adopted for that fiscal year an Annual Budget and Two-Year
7Financial Plan meeting the requirements in Section 4.01(b).
8    (c) In recognition of the efforts of the Authority to
9enhance the mass transportation facilities under its control,
10the State shall provide financial assistance ("Additional
11State Assistance") in excess of the amounts transferred to the
12Authority from the General Revenue Fund under subsection (a)
13of this Section. Additional State Assistance shall be
14calculated as provided in subsection (d), but shall in no
15event exceed the following specified amounts with respect to
16the following State fiscal years:
17        1990$5,000,000;
18        1991$5,000,000;
19        1992$10,000,000;
20        1993$10,000,000;
21        1994$20,000,000;
22        1995$30,000,000;
23        1996$40,000,000;
24        1997$50,000,000;
25        1998$55,000,000; and
26        each year thereafter$55,000,000.

 

 

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1    (c-5) The State shall provide financial assistance
2("Additional Financial Assistance") in addition to the
3Additional State Assistance provided by subsection (c) and the
4amounts transferred to the Authority from the General Revenue
5Fund under subsection (a) of this Section. Additional
6Financial Assistance provided by this subsection shall be
7calculated as provided in subsection (d), but shall in no
8event exceed the following specified amounts with respect to
9the following State fiscal years:
10        2000$0;
11        2001$16,000,000;
12        2002$35,000,000;
13        2003$54,000,000;
14        2004$73,000,000;
15        2005$93,000,000; and
16        each year thereafter$100,000,000.
17    (d) Beginning with State fiscal year 1990 and continuing
18for each State fiscal year thereafter, the Authority shall
19annually certify to the State Comptroller and State Treasurer,
20separately with respect to each of subdivisions (g)(2) and
21(g)(3) of Section 4.04 of this Act, the following amounts:
22        (1) The amount necessary and required, during the
23    State fiscal year with respect to which the certification
24    is made, to pay its obligations for debt service on all
25    outstanding bonds or notes issued by the Authority under
26    subdivisions (g)(2) and (g)(3) of Section 4.04 of this

 

 

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

 

 

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1payments, including the date and amount of each payment, for
2the remainder of the State fiscal year.
3    On the first day of each month of the State fiscal year in
4which there are bonds outstanding with respect to which the
5certification is made, the State Comptroller shall order
6transferred and the State Treasurer shall transfer from the
7Road Fund to the Public Transportation Fund the Additional
8State Assistance and Additional Financial Assistance in an
9amount equal to the aggregate of (i) one-twelfth of the sum of
10the amounts certified under items (1) and (3) above less the
11amount certified under item (4) above, plus (ii) the amount
12required to pay debt service on bonds and notes issued during
13the fiscal year, if any, divided by the number of months
14remaining in the fiscal year after the date of issuance, or
15some smaller portion as may be necessary under subsection (c)
16or (c-5) of this Section for the relevant State fiscal year,
17plus (iii) any cumulative deficiencies in transfers for prior
18months, until an amount equal to the sum of the amounts
19certified under items (1) and (3) above, plus the actual debt
20service certified under item (2) above, less the amount
21certified under item (4) above, has been transferred; except
22that these transfers are subject to the following limits:
23        (A) In no event shall the total transfers in any State
24    fiscal year relating to outstanding bonds and notes issued
25    by the Authority under subdivision (g)(2) of Section 4.04
26    exceed the lesser of the annual maximum amount specified

 

 

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1    in subsection (c) or the sum of the amounts certified
2    under items (1) and (3) above, plus the actual debt
3    service certified under item (2) above, less the amount
4    certified under item (4) above, with respect to those
5    bonds and notes.
6        (B) In no event shall the total transfers in any State
7    fiscal year relating to outstanding bonds and notes issued
8    by the Authority under subdivision (g)(3) of Section 4.04
9    exceed the lesser of the annual maximum amount specified
10    in subsection (c-5) or the sum of the amounts certified
11    under items (1) and (3) above, plus the actual debt
12    service certified under item (2) above, less the amount
13    certified under item (4) above, with respect to those
14    bonds and notes.
15    The term "outstanding" does not include bonds or notes for
16which refunding or advance refunding bonds or notes have been
17issued.
18    (e) Neither Additional State Assistance nor Additional
19Financial Assistance may be pledged, either directly or
20indirectly as general revenues of the Authority, as security
21for any bonds issued by the Authority. The Authority may not
22assign its right to receive Additional State Assistance or
23Additional Financial Assistance, or direct payment of
24Additional State Assistance or Additional Financial
25Assistance, to a trustee or any other entity for the payment of
26debt service on its bonds.

 

 

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1    (f) The certification required under subsection (d) with
2respect to outstanding bonds and notes of the Authority shall
3be filed as early as practicable before the beginning of the
4State fiscal year to which it relates. The certification shall
5be revised as may be necessary to accurately state the debt
6service requirements of the Authority.
7    (g) Within 6 months of the end of each fiscal year, the
8Authority shall determine:
9        (i) whether the aggregate of all system generated
10    revenues for public transportation in the metropolitan
11    region which is provided by, or under grant or purchase of
12    service contracts with, the Service Boards equals 50% of
13    the aggregate of all costs of providing such public
14    transportation. "System generated revenues" include all
15    the proceeds of fares and charges for services provided,
16    contributions received in connection with public
17    transportation from units of local government other than
18    the Authority, except for contributions received by the
19    Chicago Transit Authority from a real estate transfer tax
20    imposed under subsection (i) of Section 8-3-19 of the
21    Illinois Municipal Code, and from the State pursuant to
22    subsection (i) of Section 2705-305 of the Department of
23    Transportation Law, and all other revenues properly
24    included consistent with generally accepted accounting
25    principles but may not include: the proceeds from any
26    borrowing, and, beginning with the 2007 fiscal year, all

 

 

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1    revenues and receipts, including but not limited to fares
2    and grants received from the federal, State or any unit of
3    local government or other entity, derived from providing
4    ADA paratransit service pursuant to Section 2.30 of the
5    Regional Transportation Authority Act. "Costs" include all
6    items properly included as operating costs consistent with
7    generally accepted accounting principles, including
8    administrative costs, but do not include: depreciation;
9    payment of principal and interest on bonds, notes or other
10    evidences of obligations for borrowed money of the
11    Authority; payments with respect to public transportation
12    facilities made pursuant to subsection (b) of Section
13    2.20; any payments with respect to rate protection
14    contracts, credit enhancements or liquidity agreements
15    made under Section 4.14; any other cost as to which it is
16    reasonably expected that a cash expenditure will not be
17    made; costs for passenger security including grants,
18    contracts, personnel, equipment and administrative
19    expenses, except in the case of the Chicago Transit
20    Authority, in which case the term does not include costs
21    spent annually by that entity for protection against crime
22    as required by Section 27a of the Metropolitan Transit
23    Authority Act; the costs of Debt Service paid by the
24    Chicago Transit Authority, as defined in Section 12c of
25    the Metropolitan Transit Authority Act, or bonds or notes
26    issued pursuant to that Section; the payment by the

 

 

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1    Commuter Rail Division of debt service on bonds issued
2    pursuant to Section 3B.09; expenses incurred by the
3    Suburban Bus Division for the cost of new public
4    transportation services funded from grants pursuant to
5    Section 2.01e of this Act for a period of 2 years from the
6    date of initiation of each such service; costs as exempted
7    by the Board for projects pursuant to Section 2.09 of this
8    Act; or, beginning with the 2007 fiscal year, expenses
9    related to providing ADA paratransit service pursuant to
10    Section 2.30 of the Regional Transportation Authority Act;
11    or in fiscal years 2008 through 2012 inclusive, costs in
12    the amount of $200,000,000 in fiscal year 2008, reducing
13    by $40,000,000 in each fiscal year thereafter until this
14    exemption is eliminated. If said system generated revenues
15    are less than 50% of said costs, the Board shall remit an
16    amount equal to the amount of the deficit to the State;
17    however, due to the fiscal impacts from the COVID-19
18    pandemic, for fiscal years 2021, 2022, and 2023, 2024, and
19    2025, no such payment shall be required. The Treasurer
20    shall deposit any such payment in the Road Fund; and
21        (ii) whether, beginning with the 2007 fiscal year, the
22    aggregate of all fares charged and received for ADA
23    paratransit services equals the system generated ADA
24    paratransit services revenue recovery ratio percentage of
25    the aggregate of all costs of providing such ADA
26    paratransit services.

 

 

HB1342 Enrolled- 55 -LRB103 24929 AWJ 51263 b

1    (h) If the Authority makes any payment to the State under
2paragraph (g), the Authority shall reduce the amount provided
3to a Service Board from funds transferred under paragraph (a)
4in proportion to the amount by which that Service Board failed
5to meet its required system generated revenues recovery ratio.
6A Service Board which is affected by a reduction in funds under
7this paragraph shall submit to the Authority concurrently with
8its next due quarterly report a revised budget incorporating
9the reduction in funds. The revised budget must meet the
10criteria specified in clauses (i) through (vi) of Section
114.11(b)(2). The Board shall review and act on the revised
12budget as provided in Section 4.11(b)(3).
13(Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20;
14102-678, eff. 12-10-21.)
 
15    Section 90. The State Mandates Act is amended by adding
16Section 8.47 as follows:
 
17    (30 ILCS 805/8.47 new)
18    Sec. 8.47. Exempt mandate. Notwithstanding Sections 6 and
198 of this Act, no reimbursement by the State is required for
20the implementation of the mandate created by Section 2.10a of
21the Regional Transportation Authority Act in this amendatory
22Act of the 103rd General Assembly.
 
23    Section 99. Effective date. This Section and Sections 2.41
24and 2.42 of the Regional Transportation Authority Act take

 

 

HB1342 Enrolled- 56 -LRB103 24929 AWJ 51263 b

1effect upon becoming law.