Sen. Ram Villivalam

Filed: 5/10/2023

 

 


 

 


 
10300HB1342sam002LRB103 24929 RPS 61758 a

1
AMENDMENT TO HOUSE BILL 1342

2    AMENDMENT NO. ______. Amend House Bill 1342 by replacing
3everything after the enacting clause with the following:
 
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

 

 

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1offense. All fines and penalties shall be imposed by
2ordinances, which shall be published in a newspaper of general
3circulation published in the metropolitan area. No such
4ordinance shall take effect until ten days after its
5publication.
6(Source: P.A. 80-937.)
 
7    (70 ILCS 3605/51)
8    Sec. 51. Free and reduced fare services; eligibility.
9    (a) Notwithstanding any law to the contrary, no later than
1060 days following the effective date of this amendatory Act of
11the 95th General Assembly and until subsection (b) is
12implemented, any fixed route public transportation services
13provided by, or under grant or purchase of service contracts
14of, the Board shall be provided without charge to all senior
15citizens of the Metropolitan Region (as such term is defined
16in 70 ILCS 3615/1.03) aged 65 and older, under such conditions
17as shall be prescribed by the Board.
18    (b) Notwithstanding any law to the contrary, no later than
19180 days following the effective date of this amendatory Act
20of the 96th General Assembly, any fixed route public
21transportation services provided by, or under grant or
22purchase of service contracts of, the Board shall be provided
23without charge to senior citizens aged 65 and older who meet
24the income eligibility limitation set forth in subsection
25(a-5) of Section 4 of the Senior Citizens and Persons with

 

 

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1Disabilities Property Tax Relief Act, under such conditions as
2shall be prescribed by the Board. The Department on Aging
3shall furnish all information reasonably necessary to
4determine eligibility, including updated lists of individuals
5who are eligible for services without charge under this
6Section. Nothing in this Section shall relieve the Board from
7providing reduced fares as may be required by federal law.
8    (c) The Board shall partner with the City of Chicago to
9provide transportation at reduced fares for participants in
10programs that offer employment and internship opportunities to
11youth and young adults ages 14 through 24.
12(Source: P.A. 99-143, eff. 7-27-15.)
 
13    Section 10. The Local Mass Transit District Act is amended
14by changing Section 5 and adding Section 5.6 as follows:
 
15    (70 ILCS 3610/5)  (from Ch. 111 2/3, par. 355)
16    Sec. 5. (a) The Board of Trustees of every District may
17establish or acquire any or all manner of mass transit
18facility. The Board may engage in the business of
19transportation of passengers on scheduled routes and by
20contract on nonscheduled routes within the territorial limits
21of the counties or municipalities creating the District, by
22whatever means it may decide. Its routes may be extended
23beyond such territorial limits with the consent of the
24governing bodies of the municipalities or counties into which

 

 

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1such operation is extended.
2    (b) The Board of Trustees of every District may for the
3purposes of the District, acquire by gift, purchase, lease,
4legacy, condemnation, or otherwise and hold, use, improve,
5maintain, operate, own, manage or lease, as lessor or lessee,
6such cars, buses, equipment, buildings, structures, real and
7personal property, and interests therein, and services, lands
8for terminal and other related facilities, improvements and
9services, or any interest therein, including all or any part
10of the plant, land, buildings, equipment, vehicles, licenses,
11franchises, patents, property, service contracts and
12agreements of every kind and nature. Real property may be so
13acquired if it is situated within or partially within the area
14served by the District or if it is outside the area if it is
15desirable or necessary for the purposes of the District.
16    (c) The Board of Trustees of every District which
17establishes, provides, or acquires mass transit facilities or
18services may contract with any person or corporation or public
19or private entity for the operation or provision thereof upon
20such terms and conditions as the District shall determine.
21    (d) The Board of Trustees of every District shall have the
22authority to contract for any and all purposes of the
23District, including with an interstate transportation
24authority, or with another local Mass Transit District or any
25other municipal, public, or private corporation entity in the
26transportation business including the authority to contract to

 

 

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1lease its or otherwise provide land, buildings, and equipment,
2and other related facilities, improvements, and services, for
3the carriage of passengers beyond the territorial limits of
4the District or to subsidize transit operations by a public or
5private or municipal corporation operating entity providing
6mass transit facilities.
7    (e) The Board of Trustees of every District shall have the
8authority to establish, alter and discontinue transportation
9routes and services and any or all ancillary or supporting
10facilities and services, and to establish and amend rate
11schedules for the transportation of persons thereon or for the
12public or private use thereof which rate schedules shall,
13together with any grants, receipts or income from other
14sources, be sufficient to pay the expenses of the District,
15the repair, maintenance and the safe and adequate operation of
16its mass transit facilities and public mass transportation
17system and to fulfill the terms of its debts, undertakings,
18and obligations.
19    (f) The Board of Trustees of every District shall have
20perpetual succession and shall have the following powers in
21addition to any others in this Act granted:
22        (1) to sue and be sued;
23        (2) to adopt and use a seal;
24        (3) to make and execute contracts loans, leases,
25    subleases, installment purchase agreements, contracts,
26    notes and other instruments evidencing financial

 

 

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1    obligations, and other instruments necessary or convenient
2    in the exercise of its powers;
3        (4) to make, amend and repeal bylaws, rules and
4    regulations not inconsistent with this Act, including
5    rules and regulations proper or necessary to regulate the
6    use, operation, and maintenance of its properties and
7    facilities and to carry into effect the powers granted to
8    the Board of Trustees, with any necessary fines or
9    penalties, such as the suspension of riding privileges or
10    confiscation of fare media under Section 5.6, as the Board
11    deems proper;
12        (5) to sell, lease, sublease, license, transfer,
13    convey or otherwise dispose of any of its real or personal
14    property, or interests therein, in whole or in part, at
15    any time upon such terms and conditions as it may
16    determine, with public bidding if the value exceeds $1,000
17    at negotiated, competitive, public, or private sale;
18        (6) to invest funds, not required for immediate
19    disbursement, in property, agreements, or securities legal
20    for investment of public funds controlled by savings banks
21    under applicable law;
22        (7) to mortgage, pledge, hypothecate or otherwise
23    encumber all or any part of its real or personal property
24    or other assets, or interests therein;
25        (8) to apply for, accept and use grants, loans or
26    other financial assistance from any private entity or

 

 

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1    municipal, county, State or Federal governmental agency or
2    other public entity;
3        (9) to borrow money from the United States Government
4    or any agency thereof, or from any other public or private
5    source, for the purposes of the District and, as evidence
6    thereof, to issue its revenue bonds, payable solely from
7    the revenue derived from the operation of the District.
8    These bonds may be issued with maturities not exceeding 40
9    years from the date of the bonds, and in such amounts as
10    may be necessary to provide sufficient funds, together
11    with interest, for the purposes of the District. These
12    bonds shall bear interest at a rate of not more than the
13    maximum rate authorized by the Bond Authorization Act, as
14    amended at the time of the making of the contract of sale,
15    payable semi-annually, may be made registerable as to
16    principal, and may be made payable and callable as
17    provided on any interest payment date at a price of par and
18    accrued interest under such terms and conditions as may be
19    fixed by the ordinance authorizing the issuance of the
20    bonds. Bonds issued under this Section are negotiable
21    instruments. They shall be executed by the chairman and
22    members of the Board of Trustees, attested by the
23    secretary, and shall be sealed with the corporate seal of
24    the District. In case any Trustee or officer whose
25    signature appears on the bonds or coupons ceases to hold
26    that office before the bonds are delivered, such officer's

 

 

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1    signature, shall nevertheless be valid and sufficient for
2    all purposes, the same as though such officer had remained
3    in office until the bonds were delivered. The bonds shall
4    be sold in such manner and upon such terms as the Board of
5    Trustees shall determine, except that the selling price
6    shall be such that the interest cost to the District of the
7    proceeds of the bonds 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, payable
10    semi-annually, computed to maturity according to the
11    standard table of bond values.
12        The ordinance shall fix the amount of revenue bonds
13    proposed to be issued, the maturity or maturities, the
14    interest rate, which shall not exceed the maximum rate
15    authorized by the Bond Authorization Act, as amended at
16    the time of the making of the contract of sale, and all the
17    details in connection with the bonds. The ordinance may
18    contain such covenants and restrictions upon the issuance
19    of additional revenue bonds thereafter, which will share
20    equally in the revenue of the District, as may be deemed
21    necessary or advisable for the assurance of the payment of
22    the bonds first issued. Any District may also provide in
23    the ordinance authorizing the issuance of bonds under this
24    Section that the bonds, or such ones thereof as may be
25    specified, shall, to the extent and in the manner
26    prescribed, be subordinated and be junior in standing,

 

 

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1    with respect to the payment of principal and interest and
2    the security thereof, to such other bonds as are
3    designated in the ordinance.
4        The ordinance shall pledge the revenue derived from
5    the operations of the District for the purpose of paying
6    the cost of operation and maintenance of the District,
7    and, as applicable, providing adequate depreciation funds,
8    and paying the principal of and interest on the bonds of
9    the District issued under this Section;
10        (10) subject to Section 5.1, to levy a tax on property
11    within the District at the rate of not to exceed .25% on
12    the assessed value of such property in the manner provided
13    in the Illinois Municipal Budget Law;
14        (11) to issue tax anticipation warrants;
15        (12) to contract with any school district in this
16    State to provide for the transportation of pupils to and
17    from school within such district pursuant to the
18    provisions of Section 29-15 of the School Code;
19        (13) to provide for the insurance of any property,
20    directors, officers, employees or operations of the
21    District against any risk or hazard, and to self-insure or
22    participate in joint self-insurance pools or entities to
23    insure against such risk or hazard;
24        (14) to use its established funds, personnel, and
25    other resources to acquire, construct, operate, and
26    maintain bikeways and trails. Districts may cooperate with

 

 

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1    other governmental and private agencies in bikeway and
2    trail programs; and
3        (15) to acquire, own, maintain, construct,
4    reconstruct, improve, repair, operate or lease any
5    light-rail public transportation system, terminal,
6    terminal facility, public airport, or bridge or toll
7    bridge across waters with any city, state, or both.
8    With respect to instruments for the payment of money
9issued under this Section either before, on, or after June 6,
101989 (the effective date of Public Act 86-4), it is and always
11has been the intention of the General Assembly (i) that the
12Omnibus Bond Acts are and always have been supplementary
13grants of power to issue instruments in accordance with the
14Omnibus Bond Acts, regardless of any provision of this Act
15that may appear to be or to have been more restrictive than
16those Acts, (ii) that the provisions of this Section are not a
17limitation on the supplementary authority granted by the
18Omnibus Bond Acts, and (iii) that instruments issued under
19this Section within the supplementary authority granted by the
20Omnibus Bond Acts are not invalid because of any provision of
21this Act that may appear to be or to have been more restrictive
22than those Acts.
23    This Section shall be liberally construed to give effect
24to its purposes.
25(Source: P.A. 99-642, eff. 7-28-16.)
 

 

 

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1    (70 ILCS 3610/5.6 new)
2    Sec. 5.6. Suspension of riding privileges and confiscation
3of fare media.
4    (a) As used in this Section, "demographic information"
5includes, but is not limited to, age, race, ethnicity, gender,
6and housing status, as that term is defined under Section 10 of
7the Bill of Rights for the Homeless Act.
8    (b) Suspension of riding privileges and confiscation of
9fare media are limited to:
10        (1) violations where the person's conduct places
11    transit employees or transit passengers in reasonable
12    apprehension of a threat to their safety or the safety of
13    others, including assault and battery, as those terms are
14    defined under Sections 12-1 and 12-3 of the Criminal Code
15    of 2012;
16        (2) violations where the person's conduct places
17    transit employees or transit passengers in reasonable
18    apprehension of a threat of a criminal sexual assault, as
19    that term is defined under Section 11-1.20 of the Criminal
20    Code of 2012; and
21        (3) violations involving an act of public indecency,
22    as that term is defined in Section 11-30 of the Criminal
23    Code of 2012.
24    (c) Written notice shall be provided to an individual
25regarding the suspension of the individual's riding privileges
26or confiscation of fare media. The notice shall be provided in

 

 

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

 

 

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1confiscation.
2    Notwithstanding any other provision of this Section, no
3person shall be denied the ability to contest or appeal a
4suspension of riding privileges or confiscation of fare media,
5or to attend a hearing to determine whether a suspension or
6confiscation was warranted, because the person was detained in
7a jail.
8    (d) Each Board shall create an administrative suspension
9hearing process as follows:
10        (1) A Board shall designate an official to oversee the
11    administrative process to decide whether a suspension is
12    warranted and the length of the suspension.
13        (2) The accused and related parties may attend this
14    hearing in person, by telephone, or virtually.
15        (3) The Board shall present the suspension-related
16    evidence and outline the evidence that supports the need
17    for the suspension.
18        (4) The accused can present and may make an oral or
19    written presentation and offer documents, including
20    affidavits, in response to the Board's evidence.
21        (5) The Board's designated official shall make a
22    finding on the suspension.
23        (6) The value of unexpended credit or unexpired passes
24    shall be reimbursed upon suspension of riding privileges
25    or confiscation of fare media.
26        (7) The alleged victims of the violation and related

 

 

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

 

 

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1    Section 15. The Regional Transportation Authority Act is
2amended by changing Sections 3A.09, 4.01, and 4.09 and by
3adding Sections 2.10a, 2.40, 2.41, 2.42, 3.12, and 3B.09c as
4follows:
 
5    (70 ILCS 3615/2.10a new)
6    Sec. 2.10a. Zero-emission buses.
7    (a) As used in this Section:
8    "Zero-emission bus" means a bus that is:
9        (1) designed to carry more than 10 passengers and is
10    used to carry passengers for compensation.
11        (2) a zero-emission vehicle; and
12        (3) not a taxi.
13    "Zero-emission vehicle" means a fuel cell or electric
14vehicle that:
15        (1) is a motor vehicle;
16        (2) is made by a commercial manufacturer;
17        (3) is manufactured primarily for use on public
18    streets, roads, and highways;
19        (4) has a maximum speed capability of at least 55
20    miles per hour;
21        (5) is powered entirely by electricity or powered by
22    combining hydrogen and oxygen, which runs the motor;
23        (6) has an operating range of at least 100 miles; and
24        (7) produces only water vapor and heat as byproducts.

 

 

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1    (b) On or after January 1, 2026, a Service Board may not
2enter into a new contract to purchase a bus that is not a
3zero-emission bus for the purpose of the Service Board's
4transit bus fleet.
 
5    (70 ILCS 3615/2.40 new)
6    Sec. 2.40. Suspension of riding privileges and
7confiscation of fare media.
8    (a) As used in this Section, "demographic information"
9includes, but is not limited to, age, race, ethnicity, gender,
10and housing status, as that term is defined under Section 10 of
11the Bill of Rights for the Homeless Act.
12    (b) Suspension of riding privileges and confiscation of
13fare media are limited to:
14        (1) violations where the person's conduct places
15    transit employees or transit passengers in reasonable
16    apprehension of a threat to their safety or the safety of
17    others, including assault and battery, as those terms are
18    defined under Sections 12-1 and 12-3 of the Criminal Code
19    of 2012;
20        (2) violations where the person's conduct places
21    transit employees or transit passengers in reasonable
22    apprehension of a threat of a criminal sexual assault, as
23    that term is defined under Section 11-1.20 of the Criminal
24    Code of 2012; and
25        (3) violations involving an act of public indecency,

 

 

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1    as that term is defined in Section 11-30 of the Criminal
2    Code of 2012.
3    (c) Written notice shall be provided to an individual
4regarding the suspension of the individual's riding privileges
5or confiscation of fare media. The notice shall be provided in
6person at the time of the alleged violation, except that, if
7providing notice in person at the time of the alleged
8violation is not practicable, then notice shall be provided to
9the individual by either personal service or by mailing a copy
10of the notice by certified mail, return receipt requested, and
11first-class mail to the person's current address. If the
12person is known to be detained in jail, service shall be made
13as provided under Section 2-203.2 of the Code of Civil
14Procedure. The written notice shall be sufficient to inform
15the individual about the following:
16        (1) the nature of the suspension of riding privileges
17    or confiscation of fare media;
18        (2) the person's rights and available remedies to
19    contest or appeal the suspension of riding privileges or
20    confiscation of fare media and to apply for reinstatement
21    of riding privileges; and
22        (3) the procedures for adjudicating whether a
23    suspension or confiscation is warranted and for applying
24    for reinstatement of riding privileges, including the time
25    and location of any hearing.
26    The process to determine whether a suspension or riding

 

 

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1privileges or confiscation of fare media is warranted and the
2length of the suspension shall be concluded within 30 days
3after the individual receives notice of the suspension or
4confiscation.
5    Notwithstanding any other provision of this Section, no
6person shall be denied the ability to contest or appeal a
7suspension of riding privileges or confiscation of fare media,
8or to attend a hearing to determine whether a suspension or
9confiscation was warranted, because the person was detained in
10a jail.
11    (d) Each Service Board shall create an administrative
12suspension hearing process as follows:
13        (1) A Service Board shall designate an official to
14    oversee the administrative process to decide whether a
15    suspension is warranted and the length of the suspension.
16        (2) The accused and related parties may attend this
17    hearing in person, by telephone, or virtually.
18        (3) The Service Board shall present the
19    suspension-related evidence and outline the evidence that
20    supports the need for the suspension.
21        (4) The accused can present and may make an oral or
22    written presentation and offer documents, including
23    affidavits, in response to the Service Board's evidence.
24        (5) The Service Board's designated official shall make
25    a finding on the suspension.
26        (6) The value of unexpended credit or unexpired passes

 

 

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

 

 

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1line, date, and time of day, a citation to the statutory
2authority for which the accused person was arrested or
3charged, the amount, if any, on the fare media, and the length
4of the suspension.
 
5    (70 ILCS 3615/2.41 new)
6    Sec. 2.41. Domestic Violence and Sexual Assault Regional
7Transit Authority Public Transportation Assistance Program.
8    (a) No later than 90 days after the effective date of this
9amendatory Act of the 103rd General Assembly, the Authority
10shall create the Domestic Violence and Sexual Assault Regional
11Transit Authority Public Transportation Assistance Program to
12serve residents of the Authority.
13    Through this Program, the Authority shall issue monetarily
14preloaded mass transit cards to The Network: Advocating
15Against Domestic Violence for survivor and victim use of
16public transportation through Chicago Transit Authority, the
17Suburban Bus Division, and the Commuter Rail Division.
18    The Authority shall coordinate with The Network:
19Advocating Against Domestic Violence to issue no less than
2025,000 monetarily preloaded mass transit cards for
21distribution to domestic violence and sexual assault service
22providers throughout the Authority's jurisdiction, including
23the counties of Cook, Kane, DuPage, Will, Lake, and McHenry.
24    The mass transit card shall be plastic or laminated and
25wallet-sized, contain no information that would reference

 

 

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1domestic violence or sexual assault services, and have no
2expiration date. The cards shall also be available
3electronically and shall be distributed to domestic violence
4and sexual assault direct service providers to distribute to
5survivors.
6    The total number of mass transit cards shall be
7distributed to domestic violence and sexual assault service
8providers throughout the Authority's region based on the
9average number of clients served in 2021 and 2022 in
10comparison to the total number of mass transit cards granted
11by the Authority.
12    (b) The creation of the Program shall include an
13appointment of a domestic violence or sexual assault program
14service provider or a representative of the service provider's
15choosing to the Authority's Citizen Advisory Board.
16    The Network: Advocating Against Domestic Violence shall
17provide an annual report of the program, including a list of
18service providers receiving the mass transit cards, the total
19number of cards received by each service provider, and an
20estimated number of survivors and victims of domestic violence
21and sexual assault participating in the program. The report
22shall also include survivor testimonies of the program and
23shall include program provided recommendations on improving
24implementation of the Program. The report shall be provided to
25the Regional Transit Authority one calendar year after the
26creation of the Program.

 

 

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1    In partnership with The Network: Advocating Against
2Domestic Violence, the Authority shall report this information
3to the Board and the Citizen Advisory Board and compile an
4annual report of the Program to the General Assembly and to
5domestic violence and sexual assault service providers in the
6service providers' jurisdiction and include recommendations
7for improving implementation of the Program.
 
8    (70 ILCS 3615/2.42 new)
9    Sec. 2.42. Youth and young adults internships and
10employment. By January 1, 2024, the Suburban Bus Board and the
11Commuter Rail Board shall create or partner with a youth jobs
12program to provide internship or employment opportunities to
13youth and young adults.
 
14    (70 ILCS 3615/3.12 new)
15    Sec. 3.12. Reduced or free transit fare study.
16    (a) By July 1, 2024, the Authority shall conduct a study
17and submit a report to the Governor and General Assembly
18regarding free and reduced fares and the development of a more
19equitable fare structure for the regional transit system. The
20study shall include:
21        (1) The impact and feasibility of providing year-round
22    reduced or free transit fares, including, but not limited
23    to, veterans, returning residents, students and youths,
24    people experiencing low-incomes, and other riders who are

 

 

10300HB1342sam002- 23 -LRB103 24929 RPS 61758 a

1    not currently receiving free or reduced fares.
2        (2) A review of all reduced fare programs administered
3    by the Authority and the service boards, which includes
4    information on accounting of the total cost of the
5    program, costs to increase the program, current sources of
6    funding for the program, and recommendations to increase
7    enrollment in current reduced fare and free-ride programs
8    and any other recommendations for improvements to the
9    programs.
10        (3) Analysis of how reduced and free ride programs and
11    changes in eligibility and funding for these programs
12    would affect the regional transit operating budget.
13    (b) In this Section, "returning resident" means any United
14States resident who is 17 years of age or older and has been in
15and left the physical custody of the Department of Corrections
16within the last 36 months.
17    
 
18    (70 ILCS 3615/3A.09)  (from Ch. 111 2/3, par. 703A.09)
19    Sec. 3A.09. General powers. In addition to any powers
20elsewhere provided to the Suburban Bus Board, it shall have
21all of the powers specified in Section 2.20 of this Act except
22for the powers specified in Section 2.20(a)(v). The Board
23shall also have the power:
24        (a) to cooperate with the Regional Transportation
25    Authority in the exercise by the Regional Transportation

 

 

10300HB1342sam002- 24 -LRB103 24929 RPS 61758 a

1    Authority of all the powers granted it by such Act;
2        (b) to receive funds from the Regional Transportation
3    Authority pursuant to Sections 2.02, 4.01, 4.02, 4.09 and
4    4.10 of the Regional Transportation Authority Act, all as
5    provided in the Regional Transportation Authority Act;
6        (c) to receive financial grants from the Regional
7    Transportation Authority or a Service Board, as defined in
8    the Regional Transportation Authority Act, upon such terms
9    and conditions as shall be set forth in a grant contract
10    between either the Division and the Regional
11    Transportation Authority or the Division and another
12    Service Board, which contract or agreement may be for such
13    number of years or duration as the parties agree, all as
14    provided in the Regional Transportation Authority Act;
15        (d) to perform all functions necessary for the
16    provision of paratransit services under Section 2.30 of
17    this Act; and
18        (e) to borrow money for the purposes of: (i)
19    constructing a new garage in the northwestern Cook County
20    suburbs, (ii) converting the South Cook garage in Markham
21    to a Compressed Natural Gas facility, (iii) constructing a
22    new paratransit garage in DuPage County, (iv) expanding
23    the North Shore garage in Evanston to accommodate
24    additional indoor bus parking, and (v) purchasing new
25    transit buses. For the purpose of evidencing the
26    obligation of the Suburban Bus Board to repay any money

 

 

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1    borrowed as provided in this subsection, the Suburban Bus
2    Board may issue revenue bonds from time to time pursuant
3    to ordinance adopted by the Suburban Bus Board, subject to
4    the approval of the Regional Transportation Authority of
5    each such issuance by the affirmative vote of 12 of its
6    then Directors; provided that the Suburban Bus Board may
7    not issue bonds for the purpose of financing the
8    acquisition, construction, or improvement of any facility
9    other than those listed in this subsection (e). All such
10    bonds shall be payable solely from the revenues or income
11    or any other funds that the Suburban Bus Board may
12    receive, provided that the Suburban Bus Board may not
13    pledge as security for such bonds the moneys, if any, that
14    the Suburban Bus Board receives from the Regional
15    Transportation Authority pursuant to Section 4.03.3(f) of
16    the Regional Transportation Authority Act. The bonds shall
17    bear interest at a rate not to exceed the maximum rate
18    authorized by the Bond Authorization Act and shall mature
19    at such time or times not exceeding 25 years from their
20    respective dates. Bonds issued pursuant to this paragraph
21    must be issued with scheduled principal or mandatory
22    redemption payments in equal amounts in each fiscal year
23    over the term of the bonds, with the first principal or
24    mandatory redemption payment scheduled within the fiscal
25    year in which bonds are issued or within the next
26    succeeding fiscal year. At least 25%, based on total

 

 

10300HB1342sam002- 26 -LRB103 24929 RPS 61758 a

1    principal amount, of all bonds authorized pursuant to this
2    Section shall be sold pursuant to notice of sale and
3    public bid. No more than 75%, based on total principal
4    amount, of all bonds authorized pursuant to this Section
5    shall be sold by negotiated sale. The maximum principal
6    amount of the bonds that may be issued may not exceed
7    $100,000,000. The bonds shall have all the qualities of
8    negotiable instruments under the laws of this State. To
9    secure the payment of any or all of such bonds and for the
10    purpose of setting forth the covenants and undertakings of
11    the Suburban Bus Board in connection with the issuance
12    thereof and the issuance of any additional bonds payable
13    from such revenue or income as well as the use and
14    application of the revenue or income received by the
15    Suburban Bus Board, the Suburban Bus Board may execute and
16    deliver a trust agreement or agreements; provided that no
17    lien upon any physical property of the Suburban Bus Board
18    shall be created thereby. A remedy for any breach or
19    default of the terms of any such trust agreement by the
20    Suburban Bus Board may be by mandamus proceedings in any
21    court of competent jurisdiction to compel performance and
22    compliance therewith, but the trust agreement may
23    prescribe by whom or on whose behalf such action may be
24    instituted. Under no circumstances shall any bonds issued
25    by the Suburban Bus Board or any other obligation of the
26    Suburban Bus Board in connection with the issuance of such

 

 

10300HB1342sam002- 27 -LRB103 24929 RPS 61758 a

1    bonds be or become an indebtedness or obligation of the
2    State of Illinois, the Regional Transportation Authority,
3    or any other political subdivision of or municipality
4    within the State, nor shall any such bonds or obligations
5    be or become an indebtedness of the Suburban Bus Board
6    within the purview of any constitutional limitation or
7    provision, and it shall be plainly stated on the face of
8    each bond that it does not constitute such an indebtedness
9    or obligation but is payable solely from the revenues or
10    income as aforesaid; and .
11        (f) to adopt ordinances and make all rules and
12    regulations proper or necessary to regulate the use,
13    operation, and maintenance of its property and facilities
14    and to carry into effect the powers granted to the
15    Suburban Bus Board, with any necessary fines or penalties,
16    such as the suspension of riding privileges or
17    confiscation of fare media under Section 2.40, as the
18    Board deems proper.
19(Source: P.A. 99-665, eff. 7-29-16.)
 
20    (70 ILCS 3615/3B.09c new)
21    Sec. 3B.09c. Regulation of the use, operation, and
22maintenance of property. The Chief of Police of the Metra
23Police Department may make rules and regulations proper or
24necessary to regulate the use, operation, and maintenance of
25the property and facilities of the Commuter Rail Board and to

 

 

10300HB1342sam002- 28 -LRB103 24929 RPS 61758 a

1carry into effect the powers granted to the Chief by the
2Commuter Rail Board, with any necessary fines or penalties,
3such as the suspension of riding privileges or confiscation of
4fare media under Section 2.40, that the Chief deems proper.
 
5    (70 ILCS 3615/4.01)  (from Ch. 111 2/3, par. 704.01)
6    Sec. 4.01. Budget and Program.
7    (a) The Board shall control the finances of the Authority.
8It shall by ordinance adopted by the affirmative vote of at
9least 12 of its then Directors (i) appropriate money to
10perform the Authority's purposes and provide for payment of
11debts and expenses of the Authority, (ii) take action with
12respect to the budget and two-year financial plan of each
13Service Board, as provided in Section 4.11, and (iii) adopt an
14Annual Budget and Two-Year Financial Plan for the Authority
15that includes the annual budget and two-year financial plan of
16each Service Board that has been approved by the Authority.
17The Annual Budget and Two-Year Financial Plan shall contain a
18statement of the funds estimated to be on hand for the
19Authority and each Service Board at the beginning of the
20fiscal year, the funds estimated to be received from all
21sources for such year, the estimated expenses and obligations
22of the Authority and each Service Board for all purposes,
23including expenses for contributions to be made with respect
24to pension and other employee benefits, and the funds
25estimated to be on hand at the end of such year. The fiscal

 

 

10300HB1342sam002- 29 -LRB103 24929 RPS 61758 a

1year of the Authority and each Service Board shall begin on
2January 1st and end on the succeeding December 31st. By July
31st of each year the Director of the Illinois Governor's
4Office of Management and Budget (formerly Bureau of the
5Budget) shall submit to the Authority an estimate of revenues
6for the next fiscal year of the Authority to be collected from
7the taxes imposed by the Authority and the amounts to be
8available in the Public Transportation Fund and the Regional
9Transportation Authority Occupation and Use Tax Replacement
10Fund and the amounts otherwise to be appropriated by the State
11to the Authority for its purposes. The Authority shall file a
12copy of its Annual Budget and Two-Year Financial Plan with the
13General Assembly and the Governor after its adoption. Before
14the proposed Annual Budget and Two-Year Financial Plan is
15adopted, the Authority shall hold at least one public hearing
16thereon in the metropolitan region, and shall meet with the
17county board or its designee of each of the several counties in
18the metropolitan region. After conducting such hearings and
19holding such meetings and after making such changes in the
20proposed Annual Budget and Two-Year Financial Plan as the
21Board deems appropriate, the Board shall adopt its annual
22appropriation and Annual Budget and Two-Year Financial Plan
23ordinance. The ordinance may be adopted only upon the
24affirmative votes of 12 of its then Directors. The ordinance
25shall appropriate such sums of money as are deemed necessary
26to defray all necessary expenses and obligations of the

 

 

10300HB1342sam002- 30 -LRB103 24929 RPS 61758 a

1Authority, specifying purposes and the objects or programs for
2which appropriations are made and the amount appropriated for
3each object or program. Additional appropriations, transfers
4between items and other changes in such ordinance may be made
5from time to time by the Board upon the affirmative votes of 12
6of its then Directors.
7    (b) The Annual Budget and Two-Year Financial Plan shall
8show a balance between anticipated revenues from all sources
9and anticipated expenses including funding of operating
10deficits or the discharge of encumbrances incurred in prior
11periods and payment of principal and interest when due, and
12shall show cash balances sufficient to pay with reasonable
13promptness all obligations and expenses as incurred.
14    The Annual Budget and Two-Year Financial Plan must show:
15        (i) that the level of fares and charges for mass
16    transportation provided by, or under grant or purchase of
17    service contracts of, the Service Boards is sufficient to
18    cause the aggregate of all projected fare revenues from
19    such fares and charges received in each fiscal year to
20    equal at least 50% of the aggregate costs of providing
21    such public transportation in such fiscal year. However,
22    due to the fiscal impacts of the COVID-19 pandemic, the
23    aggregate of all projected fare revenues from such fares
24    and charges received in fiscal years 2021, 2022, and 2023,
25    2024, and 2025 may be less than 50% of the aggregate costs
26    of providing such public transportation in those fiscal

 

 

10300HB1342sam002- 31 -LRB103 24929 RPS 61758 a

1    years. "Fare revenues" include the proceeds of all fares
2    and charges for services provided, contributions received
3    in connection with public transportation from units of
4    local government other than the Authority, except for
5    contributions received by the Chicago Transit Authority
6    from a real estate transfer tax imposed under subsection
7    (i) of Section 8-3-19 of the Illinois Municipal Code, and
8    from the State pursuant to subsection (i) of Section
9    2705-305 of the Department of Transportation Law (20 ILCS
10    2705/2705-305), and all other operating revenues properly
11    included consistent with generally accepted accounting
12    principles but do not include: the proceeds of any
13    borrowings, and, beginning with the 2007 fiscal year, all
14    revenues and receipts, including but not limited to fares
15    and grants received from the federal, State or any unit of
16    local government or other entity, derived from providing
17    ADA paratransit service pursuant to Section 2.30 of the
18    Regional Transportation Authority Act. "Costs" include all
19    items properly included as operating costs consistent with
20    generally accepted accounting principles, including
21    administrative costs, but do not include: depreciation;
22    payment of principal and interest on bonds, notes or other
23    evidences of obligation for borrowed money issued by the
24    Authority; payments with respect to public transportation
25    facilities made pursuant to subsection (b) of Section 2.20
26    of this Act; any payments with respect to rate protection

 

 

10300HB1342sam002- 32 -LRB103 24929 RPS 61758 a

1    contracts, credit enhancements or liquidity agreements
2    made under Section 4.14; any other cost to which it is
3    reasonably expected that a cash expenditure will not be
4    made; costs for passenger security including grants,
5    contracts, personnel, equipment and administrative
6    expenses, except in the case of the Chicago Transit
7    Authority, in which case the term does not include costs
8    spent annually by that entity for protection against crime
9    as required by Section 27a of the Metropolitan Transit
10    Authority Act; the payment by the Chicago Transit
11    Authority of Debt Service, as defined in Section 12c of
12    the Metropolitan Transit Authority Act, on bonds or notes
13    issued pursuant to that Section; the payment by the
14    Commuter Rail Division of debt service on bonds issued
15    pursuant to Section 3B.09; expenses incurred by the
16    Suburban Bus Division for the cost of new public
17    transportation services funded from grants pursuant to
18    Section 2.01e of this amendatory Act of the 95th General
19    Assembly for a period of 2 years from the date of
20    initiation of each such service; costs as exempted by the
21    Board for projects pursuant to Section 2.09 of this Act;
22    or, beginning with the 2007 fiscal year, expenses related
23    to providing ADA paratransit service pursuant to Section
24    2.30 of the Regional Transportation Authority Act; and in
25    fiscal years 2008 through 2012 inclusive, costs in the
26    amount of $200,000,000 in fiscal year 2008, reducing by

 

 

10300HB1342sam002- 33 -LRB103 24929 RPS 61758 a

1    $40,000,000 in each fiscal year thereafter until this
2    exemption is eliminated; and
3        (ii) that the level of fares charged for ADA
4    paratransit services is sufficient to cause the aggregate
5    of all projected revenues from such fares charged and
6    received in each fiscal year to equal at least 10% of the
7    aggregate costs of providing such ADA paratransit
8    services. However, due to the fiscal impacts of the
9    COVID-19 pandemic, the aggregate of all projected fare
10    revenues from such fares and charges received in fiscal
11    years 2021, 2022, and 2023, 2024, and 2025 may be less than
12    10% of the aggregate costs of providing such ADA
13    paratransit services in those fiscal years. For purposes
14    of this Act, the percentages in this subsection (b)(ii)
15    shall be referred to as the "system generated ADA
16    paratransit services revenue recovery ratio". For purposes
17    of the system generated ADA paratransit services revenue
18    recovery ratio, "costs" shall include all items properly
19    included as operating costs consistent with generally
20    accepted accounting principles. However, the Board may
21    exclude from costs an amount that does not exceed the
22    allowable "capital costs of contracting" for ADA
23    paratransit services pursuant to the Federal Transit
24    Administration guidelines for the Urbanized Area Formula
25    Program.
26    (b-5) Before fares and charges received in fiscal years

 

 

10300HB1342sam002- 34 -LRB103 24929 RPS 61758 a

12024 and 2025 may be less than 50% of the aggregate costs of
2providing public transportation in those fiscal years under
3item (i) of subsection (b), the Authority and Service Boards
4must perform the actions required under this subsection.
5    The Authority and Service Boards must publish a monthly
6comprehensive set of data regarding transit service and
7safety. The data included shall include information to track
8operations including:
9        (1) staffing levels, including numbers of budgeted
10    positions, current positions employed, hired staff,
11    attrition, staff in training, and absenteeism rates;
12        (2) scheduled service and delivered service, including
13    percentage of scheduled service delivered by day, service
14    by mode of transportation, service by route and rail line,
15    total number of revenue miles driven, excess wait times by
16    day, by mode of transportation, by bus route, and by stop;
17    and
18        (3) safety on the system, including the number of
19    incidents of crime and code of conduct violations on
20    system, any performance measures used to evaluate the
21    effectiveness of investments in private security, safety
22    equipment, and other security investments in the system.
23    If no performance measures exist to evaluate the
24    effectiveness of these safety investments, the Service
25    Boards and Authority shall develop and publish these
26    performance measures.

 

 

10300HB1342sam002- 35 -LRB103 24929 RPS 61758 a

1    The Authority and Service Boards shall solicit input and
2ideas on publishing data on the service reliability,
3operations, and safety of the system from the public and
4groups representing transit riders, workers, and businesses.
5    (c) The actual administrative expenses of the Authority
6for the fiscal year commencing January 1, 1985 may not exceed
7$5,000,000. The actual administrative expenses of the
8Authority for the fiscal year commencing January 1, 1986, and
9for each fiscal year thereafter shall not exceed the maximum
10administrative expenses for the previous fiscal year plus 5%.
11"Administrative expenses" are defined for purposes of this
12Section as all expenses except: (1) capital expenses and
13purchases of the Authority on behalf of the Service Boards;
14(2) payments to Service Boards; and (3) payment of principal
15and interest on bonds, notes or other evidence of obligation
16for borrowed money issued by the Authority; (4) costs for
17passenger security including grants, contracts, personnel,
18equipment and administrative expenses; (5) payments with
19respect to public transportation facilities made pursuant to
20subsection (b) of Section 2.20 of this Act; and (6) any
21payments with respect to rate protection contracts, credit
22enhancements or liquidity agreements made pursuant to Section
234.14.
24    (d) This subsection applies only until the Department
25begins administering and enforcing an increased tax under
26Section 4.03(m) as authorized by this amendatory Act of the

 

 

10300HB1342sam002- 36 -LRB103 24929 RPS 61758 a

195th General Assembly. After withholding 15% of the proceeds
2of any tax imposed by the Authority and 15% of money received
3by the Authority from the Regional Transportation Authority
4Occupation and Use Tax Replacement Fund, the Board shall
5allocate the proceeds and money remaining to the Service
6Boards as follows: (1) an amount equal to 85% of the proceeds
7of those taxes collected within the City of Chicago and 85% of
8the money received by the Authority on account of transfers to
9the Regional Transportation Authority Occupation and Use Tax
10Replacement Fund from the County and Mass Transit District
11Fund attributable to retail sales within the City of Chicago
12shall be allocated to the Chicago Transit Authority; (2) an
13amount equal to 85% of the proceeds of those taxes collected
14within Cook County outside the City of Chicago and 85% of the
15money received by the Authority on account of transfers to the
16Regional Transportation Authority Occupation and Use Tax
17Replacement Fund from the County and Mass Transit District
18Fund attributable to retail sales within Cook County outside
19of the city of Chicago shall be allocated 30% to the Chicago
20Transit Authority, 55% to the Commuter Rail Board and 15% to
21the Suburban Bus Board; and (3) an amount equal to 85% of the
22proceeds of the taxes collected within the Counties of DuPage,
23Kane, Lake, McHenry and Will shall be allocated 70% to the
24Commuter Rail Board and 30% to the Suburban Bus Board.
25    (e) This subsection applies only until the Department
26begins administering and enforcing an increased tax under

 

 

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1Section 4.03(m) as authorized by this amendatory Act of the
295th General Assembly. Moneys received by the Authority on
3account of transfers to the Regional Transportation Authority
4Occupation and Use Tax Replacement Fund from the State and
5Local Sales Tax Reform Fund shall be allocated among the
6Authority and the Service Boards as follows: 15% of such
7moneys shall be retained by the Authority and the remaining
885% shall be transferred to the Service Boards as soon as may
9be practicable after the Authority receives payment. Moneys
10which are distributable to the Service Boards pursuant to the
11preceding sentence shall be allocated among the Service Boards
12on the basis of each Service Board's distribution ratio. The
13term "distribution ratio" means, for purposes of this
14subsection (e) of this Section 4.01, the ratio of the total
15amount distributed to a Service Board pursuant to subsection
16(d) of Section 4.01 for the immediately preceding calendar
17year to the total amount distributed to all of the Service
18Boards pursuant to subsection (d) of Section 4.01 for the
19immediately preceding calendar year.
20    (f) To carry out its duties and responsibilities under
21this Act, the Board shall employ staff which shall: (1)
22propose for adoption by the Board of the Authority rules for
23the Service Boards that establish (i) forms and schedules to
24be used and information required to be provided with respect
25to a five-year capital program, annual budgets, and two-year
26financial plans and regular reporting of actual results

 

 

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1against adopted budgets and financial plans, (ii) financial
2practices to be followed in the budgeting and expenditure of
3public funds, (iii) assumptions and projections that must be
4followed in preparing and submitting its annual budget and
5two-year financial plan or a five-year capital program; (2)
6evaluate for the Board public transportation programs operated
7or proposed by the Service Boards and transportation agencies
8in terms of the goals and objectives set out in the Strategic
9Plan; (3) keep the Board and the public informed of the extent
10to which the Service Boards and transportation agencies are
11meeting the goals and objectives adopted by the Authority in
12the Strategic Plan; and (4) assess the efficiency or adequacy
13of public transportation services provided by a Service Board
14and make recommendations for change in that service to the end
15that the moneys available to the Authority may be expended in
16the most economical manner possible with the least possible
17duplication.
18    (g) All Service Boards, transportation agencies,
19comprehensive planning agencies, including the Chicago
20Metropolitan Agency for Planning, or transportation planning
21agencies in the metropolitan region shall furnish to the
22Authority such information pertaining to public transportation
23or relevant for plans therefor as it may from time to time
24require. The Executive Director, or his or her designee,
25shall, for the purpose of securing any such information
26necessary or appropriate to carry out any of the powers and

 

 

10300HB1342sam002- 39 -LRB103 24929 RPS 61758 a

1responsibilities of the Authority under this Act, have access
2to, and the right to examine, all books, documents, papers or
3records of a Service Board or any transportation agency
4receiving funds from the Authority or Service Board, and such
5Service Board or transportation agency shall comply with any
6request by the Executive Director, or his or her designee,
7within 30 days or an extended time provided by the Executive
8Director.
9    (h) No Service Board shall undertake any capital
10improvement which is not identified in the Five-Year Capital
11Program.
12    (i) Each Service Board shall furnish to the Board access
13to its financial information including, but not limited to,
14audits and reports. The Board shall have real-time access to
15the financial information of the Service Boards; however, the
16Board shall be granted read-only access to the Service Board's
17financial information.
18(Source: P.A. 102-678, eff. 12-10-21.)
 
19    (70 ILCS 3615/4.09)  (from Ch. 111 2/3, par. 704.09)
20    Sec. 4.09. Public Transportation Fund and the Regional
21Transportation Authority Occupation and Use Tax Replacement
22Fund.
23    (a)(1) Except as otherwise provided in paragraph (4), as
24soon as possible after the first day of each month, beginning
25July 1, 1984, upon certification of the Department of Revenue,

 

 

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1the Comptroller shall order transferred and the Treasurer
2shall transfer from the General Revenue Fund to a special fund
3in the State Treasury to be known as the Public Transportation
4Fund an amount equal to 25% of the net revenue, before the
5deduction of the serviceman and retailer discounts pursuant to
6Section 9 of the Service Occupation Tax Act and Section 3 of
7the Retailers' Occupation Tax Act, realized from any tax
8imposed by the Authority pursuant to Sections 4.03 and 4.03.1
9and 25% of the amounts deposited into the Regional
10Transportation Authority tax fund created by Section 4.03 of
11this Act, from the County and Mass Transit District Fund as
12provided in Section 6z-20 of the State Finance Act and 25% of
13the amounts deposited into the Regional Transportation
14Authority Occupation and Use Tax Replacement Fund from the
15State and Local Sales Tax Reform Fund as provided in Section
166z-17 of the State Finance Act. On the first day of the month
17following the date that the Department receives revenues from
18increased taxes under Section 4.03(m) as authorized by Public
19Act 95-708, in lieu of the transfers authorized in the
20preceding sentence, upon certification of the Department of
21Revenue, the Comptroller shall order transferred and the
22Treasurer shall transfer from the General Revenue Fund to the
23Public Transportation Fund an amount equal to 25% of the net
24revenue, before the deduction of the serviceman and retailer
25discounts pursuant to Section 9 of the Service Occupation Tax
26Act and Section 3 of the Retailers' Occupation Tax Act,

 

 

10300HB1342sam002- 41 -LRB103 24929 RPS 61758 a

1realized from (i) 80% of the proceeds of any tax imposed by the
2Authority at a rate of 1.25% in Cook County, (ii) 75% of the
3proceeds of any tax imposed by the Authority at the rate of 1%
4in Cook County, and (iii) one-third of the proceeds of any tax
5imposed by the Authority at the rate of 0.75% in the Counties
6of DuPage, Kane, Lake, McHenry, and Will, all pursuant to
7Section 4.03, and 25% of the net revenue realized from any tax
8imposed by the Authority pursuant to Section 4.03.1, and 25%
9of the amounts deposited into the Regional Transportation
10Authority tax fund created by Section 4.03 of this Act from the
11County and Mass Transit District Fund as provided in Section
126z-20 of the State Finance Act, and 25% of the amounts
13deposited into the Regional Transportation Authority
14Occupation and Use Tax Replacement Fund from the State and
15Local Sales Tax Reform Fund as provided in Section 6z-17 of the
16State Finance Act. As used in this Section, net revenue
17realized for a month shall be the revenue collected by the
18State pursuant to Sections 4.03 and 4.03.1 during the previous
19month from within the metropolitan region, less the amount
20paid out during that same month as refunds to taxpayers for
21overpayment of liability in the metropolitan region under
22Sections 4.03 and 4.03.1.
23    Notwithstanding any provision of law to the contrary,
24beginning on July 6, 2017 (the effective date of Public Act
25100-23), those amounts required under this paragraph (1) of
26subsection (a) to be transferred by the Treasurer into the

 

 

10300HB1342sam002- 42 -LRB103 24929 RPS 61758 a

1Public Transportation Fund from the General Revenue Fund shall
2be directly deposited into the Public Transportation Fund as
3the revenues are realized from the taxes indicated.
4    (2) Except as otherwise provided in paragraph (4), on
5February 1, 2009 (the first day of the month following the
6effective date of Public Act 95-708) and each month
7thereafter, upon certification by the Department of Revenue,
8the Comptroller shall order transferred and the Treasurer
9shall transfer from the General Revenue Fund to the Public
10Transportation Fund an amount equal to 5% of the net revenue,
11before the deduction of the serviceman and retailer discounts
12pursuant to Section 9 of the Service Occupation Tax Act and
13Section 3 of the Retailers' Occupation Tax Act, realized from
14any tax imposed by the Authority pursuant to Sections 4.03 and
154.03.1 and certified by the Department of Revenue under
16Section 4.03(n) of this Act to be paid to the Authority and 5%
17of the amounts deposited into the Regional Transportation
18Authority tax fund created by Section 4.03 of this Act from the
19County and Mass Transit District Fund as provided in Section
206z-20 of the State Finance Act, and 5% of the amounts deposited
21into the Regional Transportation Authority Occupation and Use
22Tax Replacement Fund from the State and Local Sales Tax Reform
23Fund as provided in Section 6z-17 of the State Finance Act, and
245% of the revenue realized by the Chicago Transit Authority as
25financial assistance from the City of Chicago from the
26proceeds of any tax imposed by the City of Chicago under

 

 

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1Section 8-3-19 of the Illinois Municipal Code.
2    Notwithstanding any provision of law to the contrary,
3beginning on July 6, 2017 (the effective date of Public Act
4100-23), those amounts required under this paragraph (2) of
5subsection (a) to be transferred by the Treasurer into the
6Public Transportation Fund from the General Revenue Fund shall
7be directly deposited into the Public Transportation Fund as
8the revenues are realized from the taxes indicated.
9    (3) Except as otherwise provided in paragraph (4), as soon
10as possible after the first day of January, 2009 and each month
11thereafter, upon certification of the Department of Revenue
12with respect to the taxes collected under Section 4.03, the
13Comptroller shall order transferred and the Treasurer shall
14transfer from the General Revenue Fund to the Public
15Transportation Fund an amount equal to 25% of the net revenue,
16before the deduction of the serviceman and retailer discounts
17pursuant to Section 9 of the Service Occupation Tax Act and
18Section 3 of the Retailers' Occupation Tax Act, realized from
19(i) 20% of the proceeds of any tax imposed by the Authority at
20a rate of 1.25% in Cook County, (ii) 25% of the proceeds of any
21tax imposed by the Authority at the rate of 1% in Cook County,
22and (iii) one-third of the proceeds of any tax imposed by the
23Authority at the rate of 0.75% in the Counties of DuPage, Kane,
24Lake, McHenry, and Will, all pursuant to Section 4.03, and the
25Comptroller shall order transferred and the Treasurer shall
26transfer from the General Revenue Fund to the Public

 

 

10300HB1342sam002- 44 -LRB103 24929 RPS 61758 a

1Transportation Fund (iv) an amount equal to 25% of the revenue
2realized by the Chicago Transit Authority as financial
3assistance from the City of Chicago from the proceeds of any
4tax imposed by the City of Chicago under Section 8-3-19 of the
5Illinois Municipal Code.
6    Notwithstanding any provision of law to the contrary,
7beginning on July 6, 2017 (the effective date of Public Act
8100-23), those amounts required under this paragraph (3) of
9subsection (a) to be transferred by the Treasurer into the
10Public Transportation Fund from the General Revenue Fund shall
11be directly deposited into the Public Transportation Fund as
12the revenues are realized from the taxes indicated.
13    (4) Notwithstanding any provision of law to the contrary,
14of the transfers to be made under paragraphs (1), (2), and (3)
15of this subsection (a) from the General Revenue Fund to the
16Public Transportation Fund, the first $150,000,000 that would
17have otherwise been transferred from the General Revenue Fund
18shall be transferred from the Road Fund. The remaining balance
19of such transfers shall be made from the General Revenue Fund.
20    (5) (Blank).
21    (6) (Blank).
22    (7) For State fiscal year 2020 only, notwithstanding any
23provision of law to the contrary, the total amount of revenue
24and deposits under this Section attributable to revenues
25realized during State fiscal year 2020 shall be reduced by 5%.
26    (8) For State fiscal year 2021 only, notwithstanding any

 

 

10300HB1342sam002- 45 -LRB103 24929 RPS 61758 a

1provision of law to the contrary, the total amount of revenue
2and deposits under this Section attributable to revenues
3realized during State fiscal year 2021 shall be reduced by 5%.
4    (b)(1) All moneys deposited in the Public Transportation
5Fund and the Regional Transportation Authority Occupation and
6Use Tax Replacement Fund, whether deposited pursuant to this
7Section or otherwise, are allocated to the Authority, except
8for amounts appropriated to the Office of the Executive
9Inspector General as authorized by subsection (h) of Section
104.03.3 and amounts transferred to the Audit Expense Fund
11pursuant to Section 6z-27 of the State Finance Act. The
12Comptroller, as soon as possible after each monthly transfer
13provided in this Section and after each deposit into the
14Public Transportation Fund, shall order the Treasurer to pay
15to the Authority out of the Public Transportation Fund the
16amount so transferred or deposited. Any Additional State
17Assistance and Additional Financial Assistance paid to the
18Authority under this Section shall be expended by the
19Authority for its purposes as provided in this Act. The
20balance of the amounts paid to the Authority from the Public
21Transportation Fund shall be expended by the Authority as
22provided in Section 4.03.3. The Comptroller, as soon as
23possible after each deposit into the Regional Transportation
24Authority Occupation and Use Tax Replacement Fund provided in
25this Section and Section 6z-17 of the State Finance Act, shall
26order the Treasurer to pay to the Authority out of the Regional

 

 

10300HB1342sam002- 46 -LRB103 24929 RPS 61758 a

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

 

 

10300HB1342sam002- 47 -LRB103 24929 RPS 61758 a

1        1990$5,000,000;
2        1991$5,000,000;
3        1992$10,000,000;
4        1993$10,000,000;
5        1994$20,000,000;
6        1995$30,000,000;
7        1996$40,000,000;
8        1997$50,000,000;
9        1998$55,000,000; and
10        each year thereafter$55,000,000.
11    (c-5) The State shall provide financial assistance
12("Additional Financial Assistance") in addition to the
13Additional State Assistance provided by subsection (c) and the
14amounts transferred to the Authority from the General Revenue
15Fund under subsection (a) of this Section. Additional
16Financial Assistance provided by this subsection shall be
17calculated as provided in subsection (d), but shall in no
18event exceed the following specified amounts with respect to
19the following State fiscal years:
20        2000$0;
21        2001$16,000,000;
22        2002$35,000,000;
23        2003$54,000,000;
24        2004$73,000,000;
25        2005$93,000,000; and
26        each year thereafter$100,000,000.

 

 

10300HB1342sam002- 48 -LRB103 24929 RPS 61758 a

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

 

 

10300HB1342sam002- 49 -LRB103 24929 RPS 61758 a

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

 

 

10300HB1342sam002- 50 -LRB103 24929 RPS 61758 a

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

 

 

10300HB1342sam002- 51 -LRB103 24929 RPS 61758 a

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

 

 

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

 

 

10300HB1342sam002- 53 -LRB103 24929 RPS 61758 a

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

 

 

10300HB1342sam002- 54 -LRB103 24929 RPS 61758 a

1    however, due to the fiscal impacts from the COVID-19
2    pandemic, for fiscal years 2021, 2022, and 2023, 2024, and
3    2025, no such payment shall be required. The Treasurer
4    shall deposit any such payment in the Road Fund; and
5        (ii) whether, beginning with the 2007 fiscal year, the
6    aggregate of all fares charged and received for ADA
7    paratransit services equals the system generated ADA
8    paratransit services revenue recovery ratio percentage of
9    the aggregate of all costs of providing such ADA
10    paratransit services.
11    (h) If the Authority makes any payment to the State under
12paragraph (g), the Authority shall reduce the amount provided
13to a Service Board from funds transferred under paragraph (a)
14in proportion to the amount by which that Service Board failed
15to meet its required system generated revenues recovery ratio.
16A Service Board which is affected by a reduction in funds under
17this paragraph shall submit to the Authority concurrently with
18its next due quarterly report a revised budget incorporating
19the reduction in funds. The revised budget must meet the
20criteria specified in clauses (i) through (vi) of Section
214.11(b)(2). The Board shall review and act on the revised
22budget as provided in Section 4.11(b)(3).
23(Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20;
24102-678, eff. 12-10-21.)
 
25    Section 90. The State Mandates Act is amended by adding

 

 

10300HB1342sam002- 55 -LRB103 24929 RPS 61758 a

1Section 8.47 as follows:
 
2    (30 ILCS 805/8.47 new)
3    Sec. 8.47. Exempt mandate. Notwithstanding Sections 6 and
48 of this Act, no reimbursement by the State is required for
5the implementation of the mandate created by Section 2.10a of
6the Regional Transportation Authority Act in this amendatory
7Act of the 103rd General Assembly.
 
8    Section 99. Effective date. This Section and Sections 2.41
9and 2.42 of the Regional Transportation Authority Act take
10effect upon becoming law.".