SB3937 103RD GENERAL ASSEMBLY

LRB103 40430 AWJ 72761 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3937

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

SYNOPSIS AS INTRODUCED:

See Index

Creates the Metropolitan Mobility Authority Act, and establishes the Metropolitan Mobility Authority. Provides that the Chicago Transit Authority, the Commuter Rail Division and the Suburban Bus Division of the Regional Transportation Authority, and the Regional Transportation Authority are consolidated into the Metropolitan Mobility Authority and the Service Boards are abolished, instead creating the Suburban Bus Operating Division, Commuter Rail Operating Division, and the Chicago Transit Operating Division. Reinserts, reorganizes, and changes some provisions from the Metropolitan Transit Authority Act and the Regional Transportation Authority Act into the new Act. Includes provisions about the operation of the Metropolitan Mobility Authority. Repeals the Metropolitan Transit Authority Act and the Regional Transportation Authority Act. Amends various Acts, Laws, and Codes to make conforming changes. Creates the Equitable Transit-Supportive Development Act. Establishes the Office of Transit-Oriented Development and the Transit-Supportive Development Fund. Provides that the Office and the Fund are to aid transit-supportive development near high-quality transit by providing specified funding to municipalities that have adopted the standards in the transit support overlay district for that area or that have adopted zoning and other changes that the Office determines have benefits greater than or equal to such a District, including transit support overlay districts. Includes provisions relating to Office standards, procedures, and reports. Amends the State Finance Act to make a conforming change. Amends the Department of Transportation Law of the Civil Administrative Code. Requires the Department to establish, staff, and support an Office of Public Transportation Support for the purpose of optimizing the operation of public transportation vehicles and the delivery of public transportation services on highways under the Department's jurisdiction in the Metropolitan Mobility Authority's metropolitan region. Describes the duties and operations of the Office. Amends the Toll Highway Act. Provides that the Chair of the Metropolitan Mobility Authority is a nonvoting member of the Illinois State Toll Highway Authority.

A BILL FOR

AN ACT concerning local government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Article I. METROPOLITAN MOBILITY AUTHORITY

Section 1.01. Short title. Articles I through VI of this Act may be cited as the Metropolitan Mobility Authority Act.

References to "this Act" in Articles I through VI of this Act mean Articles I through VI of this Act.

Section 1.02. Legislative findings and purpose.

(a) The General Assembly finds:

(1) Section 7 of Article XIII of the Illinois Constitution provides that public transportation is an essential public purpose for which public funds may be expended, and it also authorizes the State to provide financial assistance to units of local government for distribution to providers of public transportation.

(2) There is an urgent need to reform and continue a unit of local government to ensure the proper management and operation of public transportation, to receive and distribute State or federal operating assistance, and to raise and distribute revenues for local operating assistance. System generated revenues are not adequate for such service and a public need exists to provide for, aid, and assist public transportation in the metropolitan region, consisting of Cook, DuPage, Kane, Lake, McHenry, and Will counties.

(3) Comprehensive and coordinated regional public transportation is essential to public health, safety, and welfare. It is essential to ensuring economic well-being, addressing the climate crisis, providing affordable transportation options for residents at all income levels, conserving sources of energy and land for open space, reducing traffic congestion, and providing for and maintaining a healthful environment for the benefit of present and future generations in the metropolitan region. Public transportation decreases air pollution and other environmental hazards as well as the tragic loss of life from crashes and allows for more efficient land use and planning.

(4) Public transportation advances equity and equal opportunity by improving the mobility of the public and providing more people with greater access to jobs, commercial businesses, schools, medical facilities, and cultural attractions.

(5) Public transportation in the metropolitan region is being threatened by grave financial conditions. With existing methods of financing, coordination, structure, and management, the public transportation system is not providing adequate service to ensure the public health, safety, and welfare.

(6) The COVID-19 pandemic caused unprecedented disruption in public transportation ridership and operations from which the service providers have yet to fully recover and the pandemic-related federal funding support for public transportation operations has expired. Although ridership levels continue to improve from the lowest levels observed during the pandemic, net ridership levels have not recovered to pre-pandemic levels. Furthermore, the system experienced persistent losses in ridership, service quality, and financial stability for many years before the pandemic. These systemic issues, combined with the changes in passenger behaviors, experiences, and commuting patterns experienced since the pandemic, create conditions untenable to a sustainable and thriving public transportation system.

(7) Additional commitments to the public transportation needs of persons with disabilities, the economically disadvantaged, and the elderly are necessary.

(8) To solve these problems, it is necessary to provide for the creation of a regional transportation authority with the powers necessary to ensure adequate public transportation and a board of directors that has the diverse experience, expertise, and background to effectively oversee the public transportation system.

(9) A substantial or total loss of public transportation services or any segment of public transportation services would create an emergency threatening the safety and well-being of the people in the metropolitan region.

(10) To meet the urgent needs of the people of the metropolitan region, avoid a transportation emergency, and provide financially sound methods of managing the provision of public transportation services in the metropolitan region, it is necessary to create one truly integrated regional transit system instead of 3 separate transit systems by combining the existing Service Boards and Regional Transportation Authority into one agency.

(11) The economic vitality of Illinois requires regionwide and systemwide efforts to increase ridership on the transit systems, improve roadway operations within the metropolitan region, and allocate resources for transportation so as to assist in the development of an adequate, efficient, equitable, and coordinated regional public transportation system that is in a state of good repair.

(b) It is the purpose of this Act to provide for, aid, and assist public transportation in the metropolitan region without impairing the overall quality of existing public transportation by providing for the creation of a single authority responsive to the people and elected officials of the area and with the power and competence to operate the regional transportation system, develop, implement, and enforce plans that promote adequate, efficient, equitable, and coordinated public transportation, provide responsible financial stewardship of the public transportation system in the metropolitan region, and facilitate the delivery of public transportation that is attractive and safe to passengers and employees, comprehensive and coordinated among its various elements, economic and efficient, and coordinated among local, regional, and State programs, plans, and projects.

Section 1.03. Definitions. As used in this Act:

"Authority" means the Metropolitan Mobility Authority, the successor to the Regional Transportation Authority and the Chicago Transit Authority.

"Board" means the Board of Directors of the Metropolitan Mobility Authority.

"Consolidated entities" means the Chicago Transit Authority, the Commuter Rail Division and the Suburban Bus Division of the Regional Transportation Authority, the Regional Transportation Authority, and all of their subsidiaries and affiliates.

"Construct or acquire" means to plan, design, construct, reconstruct, improve, modify, extend, landscape, expand, or acquire.

"Fare capping" means the action of no longer charging a rider for any additional fares for the duration of a daily, weekly, monthly, or 30-day pass once the rider has purchased enough regular one-way fares to reach the cost of the applicable pass.

"Metropolitan region" means all territory included within the territory of the Authority as provided in this Act, and such territory as may be annexed to the Authority.

"Municipality", "county", and "unit of local government" have the meanings given to those terms in Section 1 of Article VII of the Illinois Constitution.

"Operate" means operate, maintain, administer, repair, promote, and any other acts necessary or proper with regard to such matters.

"Operating Division" means the Suburban Bus, Commuter Rail, and Chicago Transit Operating Divisions and any public transportation operating division formed by the Authority after the effective date of this Act.

"Public transportation" means the transportation or conveyance of persons within the metropolitan region by means available to the general public, including groups of the general public with special needs. "Public transportation" does not include transportation by automobiles not used for conveyance of the general public as passengers.

"Public transportation facility" means the equipment or property, real or personal, or rights therein, useful or necessary for providing, maintaining or administering public transportation within the metropolitan region or otherwise useful for carrying out or meeting the purposes or powers of the Authority. Except as otherwise provided by this Act, "public transportation facility" does not include a road, street, highway, bridge, toll highway, or toll bridge for general public use.

"Regional rail" means a commuter rail service pattern that emphasizes more frequent off-peak service, simplified schedules, and non-downtown trips. "Regional rail" may include other elements, such as running trains through downtown stations.

"Service Boards" means the boards of the Commuter Rail Division, the Suburban Bus Division, and the Chicago Transit Authority of the former Regional Transportation Authority.

"Service Standards" means quantitative and qualitative attributes of public transit service as well as its appropriate level of service to be provided across the metropolitan region.

"Transportation agency" means any individual, firm, partnership, corporation, association, body politic, municipal corporation, public authority, unit of local government, or other person, other than the Authority and the Operating Divisions, that provides public transportation in the metropolitan region.

Article II. CREATION AND ORGANIZATION

Section 2.01. Establishment of the Authority. The Metropolitan Mobility Authority is established upon the effective date of this Act. The Authority is a unit of local government, body politic, political subdivision, and municipal corporation.

Section 2.02. Territory and annexation.

(a) The initial territory of the Authority is Cook, DuPage, Kane, Lake, McHenry, and Will counties. Any other county or portion thereof in Illinois contiguous to the metropolitan region may be annexed to the Authority on such conditions as the Authority shall by ordinance prescribe, by ordinance adopted by the county board of such county, and by approval by the Authority. Upon such annexation, a certificate of such action shall be filed by the Secretary of the Authority with the county clerk of the county so annexing to the Authority and with the Secretary of State and the Department of Revenue.

(b) No area may be annexed to the Authority except upon the approval of a majority of the electors of such area voting on the proposition so to annex, which proposition may be presented at any regular election as provided by the county board or boards of the county or counties in which the area in question is located. Such county board or boards shall cause certification of such proposition to be given in accordance with the general election law to the proper election officers, who shall submit the proposition at an election in accordance with the general election law.

Section 2.03. Extraterritorial authority. To provide or assist any transportation of members of the general public between points in the metropolitan region and points outside the metropolitan region, whether in this State, Wisconsin, or Indiana, the Authority may enter into agreements with any unit of local government, individual, corporation, or other person or public agency in or of any such state or any private entity for such service. Such agreements may provide for participation by the Authority in providing such service and for grants by the Authority in connection with any such service, and may, subject to federal and State law, set forth any terms relating to such service, including coordinating such service with public transportation in the metropolitan region. Such agreement may be for such number of years or duration as the parties may agree. In regard to any such agreements or grants, the Authority shall consider the benefit to the metropolitan region and the financial contribution with regard to such service made or to be made from public funds in such areas served outside the metropolitan region.

Section 2.04. Board of Directors.

(a) The corporate authorities and governing body of the Authority shall be a Board consisting of voting Directors and nonvoting Directors appointed as follows:

(1) 3 Directors appointed by the Governor with the advice and consent of the Senate;

(2) 5 Directors appointed by the Mayor of the City of Chicago with the advice and consent of the City Council of the City of Chicago, one of whom shall be the Commissioner of the Mayor's Office for People with Disabilities;

(3) 5 Directors appointed by the President of the Cook County Board of Commissioners with the advice and consent of the members of the Cook County Board of Commissioners;

(4) one Director appointed by each of the chairs of the county boards of DuPage, Kane, Lake, McHenry, and Will counties with the advice and consent of their respective county boards; and

(5) the following nonvoting Directors:

(A) the Secretary of Transportation or the Secretary's designee;

(B) the Chair of the Board of Directors of the Illinois State Toll Highway Authority or the Chair's designee;

(C) a representative of organized labor, appointed by the Governor;

(D) a representative from the business community in the metropolitan region, appointed by the voting members of the Board;

(E) a representative from the disability community, appointed by the voting members of the Board after consulting with at least 3 organizations in the disability community in the metropolitan region selected by the Board; and

(F) the Chair of the Citizens Advisory Board established by Section 2.12.

(b) All Directors shall be residents of the metropolitan region except for those Directors appointed pursuant to paragraph (1) of subsection (a) and subparagraphs (A) and (B) of paragraph (5) of subsection (a), who shall be residents of the State of Illinois.

(c) Nonvoting Directors shall have the same rights to access Board-related materials and to participate in Board meetings as Directors with voting rights.

(d) Nonvoting Directors shall be subject to the same conflict of interest restrictions applicable to other Directors, are subject to all ethics requirements applicable to the other Directors, and must comply with the public transportation system usage and meeting attendance requirements of Sections 5.02 and 5.03.

Section 2.05. Director qualifications.

(a) Except as otherwise provided by this Act, a Director may not, while serving as a Director, be an officer, a member of the board of directors, a trustee, or an employee of a transportation agency or be an employee of the State of Illinois or any department or agency of the State.

(b) Each appointment made under this Section shall be certified by the appointing authority to the Board, which shall maintain the certifications as part of the official records of the Authority.

(c) Directors shall have diverse and substantial relevant experience and expertise for overseeing the planning, operation, and funding of a regional public transportation system, including, but not limited to, backgrounds in urban and regional planning, management of large capital projects, labor relations, business management, public administration, transportation, and community organizations.

Section 2.06. Director decision-making. Directors must make decisions on behalf of the Authority based on the Director's assessment of how best to build an integrated, equitable, and efficient regional public transit system for the metropolitan region as a whole.

Section 2.07. Board Chair and other officers.

(a) The Chair of the Board shall be appointed by the other Directors for a term of 5 years. The Chair shall not be appointed from among the other Directors. The Chair shall be a resident of the metropolitan region. The Chair may be replaced at any time by the Directors.

(b) The Chair shall preside at Board meetings and shall be entitled to vote on all matters.

(c) The Board shall select a Secretary and a Treasurer and may select persons to fill such other offices of the Board and to perform such duties as it shall from time to time determine. The Secretary, Treasurer, and other officers of the Board may be, but need not be, members of the Board.

(d) The Chair of the Board shall serve as the Acting Chief Executive Officer of the Authority until the appointment of the initial Chief Executive Officer. While the Chair is serving as the Acting Chief Executive Officer of the Authority, the Chair shall be entitled to annual compensation at least equal to the compensation paid to the most highly compensated Chief Executive Officer of a Service Board as of the effective date of this Act, subject to appropriate adjustments made by the Board. When the Chair is no longer serving as the Acting Chief Executive Officer of the Authority, the Chair shall be compensated at the same rate as the other Directors of the Board.

Section 2.08. Terms and vacancies.

(a) Each Director shall hold office for a term of 5 years and until the Director's successor has been appointed and has qualified. A vacancy shall occur upon resignation, death, conviction of a felony, or removal from office of a Director. A Director may be removed from office (i) upon concurrence of a majority of the Directors, on a formal finding of incompetence, neglect of duty, or malfeasance in office or (ii) by the Governor in response to a summary report received from the Governor's Executive Inspector General in accordance with Section 20-50 of the State Officials and Employees Ethics Act if the Director has had an opportunity to be publicly heard in person or by counsel prior to removal. As soon as feasible after the office of a Director becomes vacant for any reason, the appointing authority of the Director shall make an appointment to fill the vacancy pursuant to Section 2.04. A vacancy shall be filled for the unexpired term.

(b) The terms of the initial set of Directors selected to the Board pursuant to this Act shall be as follows:

(1) Directors appointed by the Mayor of the City of Chicago and the Governor shall serve an initial term of 3 years and their successors shall serve five-year terms until the Director's successor has been appointed and qualified.

(2) Directors appointed by the President of the Cook County Board of Commissioners and the board chairs of Will, Kane, DuPage, McHenry, and Lake counties shall serve an initial term of 5 years and their successors shall serve 5-year terms until the Director's successor has been appointed and qualified.

Section 2.09. Compensation. Each Director, including the Chair of the Authority, shall be compensated at the rate of $25,000 per year, but nonvoting Directors employed by a public agency are not entitled to such compensation. Each Director shall be reimbursed for actual expenses incurred in the performance of the Director's duties. Officers of the Authority shall not be required to comply with the requirements of the Public Funds Statement Publication Act.

Section 2.10. Meetings.

(a) The Board shall prescribe the times and places for meetings and the manner in which special meetings may be called. Board meetings shall be held in a place easily accessible by public transit. The Board shall comply in all respects with the Open Meetings Act. All records, documents, and papers of the Authority, other than those relating to matters concerning which closed sessions of the Board, may be held and any redactions as permitted or required by applicable law, shall be available for public examination, subject to such reasonable regulations as the Board may adopt.

(b) A majority of the whole number of members of the Authority then in office shall constitute a quorum for the transaction of any business or the exercise of any power of the Authority. Unless otherwise stated by this Act, actions of the Authority shall require the affirmative vote of a majority of the voting members of the Authority present and voting at the meeting at which the action is taken.

(c) Open meetings of the Board shall be broadcast to the public and maintained in real time on the Board's website using a high-speed Internet connection. Recordings of each meeting broadcast shall be posted to the Board's website within a reasonable time after the meeting and shall be maintained as public records to the extent practicable, as determined by the Board. Compliance with these provisions does not relieve the Board of its obligations under the Open Meetings Act.

Section 2.11. Director liability.

(a) A Director of the Authority is not liable for any injury resulting from any act or omission in determining policy or exercising discretion, except: (1) for willful or wanton misconduct; or (2) as otherwise provided by law.

(b) If any claim or action is instituted against a Director of the Authority based on an injury allegedly arising out of an act or omission of the Director occurring within the scope of the Director's performance of duties on behalf of the Authority, the Authority shall indemnify the Director for all legal expenses and court costs incurred in defending against the claim or action and shall indemnify the Director for any amount paid pursuant to any judgment on, or any good faith settlement of, such claim, except for that portion of a judgment awarded for willful or wanton misconduct.

(c) The Authority may purchase insurance to cover the costs of any legal expenses, judgments, or settlements under this Section.

Section 2.12. Citizen Advisory Board. There is established a Citizen Advisory Board. The Board shall appoint at least 5 and not more than 15 members to the Citizen Advisory Board. The Board shall follow the selection process in Section 5.01 for its appointments to the Citizen Advisory Board. The Board should strive to assemble a Citizen Advisory Board that is reflective of the diversity of the metropolitan region, the users of the various modes of public transportation, and the interests of the residents and institutions of the region in a strong public transportation system. At least one member of the Citizen Advisory Board shall represent transit riders with disabilities. The Citizen Advisory Board shall meet at least quarterly and shall advise the Board of the impact of its policies and programs on the communities within the metropolitan region. Members shall serve without compensation but shall be entitled to reimbursement of reasonable and necessary costs incurred in the performance of their duties. Citizen Advisory Board members are subject to the public transportation system usage requirements applicable to Authority Directors pursuant to Section 5.02.

Article III. TRANSITION

Section 3.01. Transition Committee.

(a) The Board shall establish a Transition Committee of the Board composed of a diverse subset of Directors. Directors appointed to the Transition Committee shall devote substantial time and effort to managing the transitions required by this Act in addition to their regular responsibilities as Directors. In recognition of this level of additional effort, the Board may authorize additional compensation for the Directors serving on the Transition Committee over the Director compensation authorized by Section 2.09. Such additional compensation shall be on a documented per hour worked basis at a rate set by the Board up to $150,000 annually.

(b) The responsibilities of the Transition Committee, subject to the oversight of the Board, include the following:

(1) developing a transition plan for implementing the improvements contemplated by this Act;

(2) forming, staffing, and overseeing the activities of an Integration Management Office charged with the day-to-day responsibility for implementing the operational and organization changes contemplated by this Act;

(3) leading the search for a Chief Executive Officer of the Authority who has experience managing large public transportation systems, which may include systems outside of North America, or who has similar relevant experience in managing other complex organizations;

(4) overseeing the transfer of personnel and staff responsibilities from the consolidated entities to the Authority to implement the provisions of this Act most effectively; and

(5) regularly reporting to the full Board on the status of the transition effort and make recommendations for Board policies and actions.

(c) The Board shall implement this Act in accordance with the following timetable:

(1) All seats on the Board shall be filled, a Chair shall be selected, and the Board Transition Committee shall be appointed and in operation no later than one year after the effective date of this Act.

(2) The Integration Management Office shall be fully organized and operating by no later than 2 years after the effective date of this Act.

(3) A permanent Chief Executive Officer shall be selected and in place at the Authority by no later than 3 years after the effective date of this Act.

(4) A final transition plan shall be approved by no later than 3 years after the effective date of this Act.

(5) The transfer of all functions and responsibilities to the Authority as contemplated by this Act shall be completed by no later than 4 years after the effective date of this Act.

Section 3.02. Consolidation. On the effective date of this Act and without further action:

(1) The Chicago Transit Authority, the Commuter Rail Division and the Suburban Bus Division of the Regional Transportation Authority, and the Regional Transportation Authority are consolidated into the Authority and the Service Boards are abolished.

(2) To the fullest extent allowed by applicable law, the Authority shall succeed to all the rights, assets, franchises, contracts, property, and interests of every kind of the consolidated entities, including all rights, powers, and duties of the Commuter Rail Division with respect to the Northeast Illinois Regional Rail Passenger Corporation.

(3) All previous lawful actions of the consolidated entities shall be valid and binding upon the Authority, and the Authority shall be substituted for the consolidated entities with respect to each of those actions.

(4) All fines, penalties, and forfeitures incurred or imposed for the violation of any ordinance of a consolidated entity shall be enforced or collected by the Authority.

(5) All lawful ordinances, regulations, and rules of the consolidated entities consistent with the provisions of this Act shall continue in full force and effect as ordinances, regulations, and rules of the Authority until amended or repealed by the Authority.

(6) The title to and possession of all land, property, and funds of every kind owned by or in which a consolidated entity possesses an interest shall not revert or be impaired but shall be vested in the Authority to the same extent and subject to the same restrictions, if any, applicable to the land, property, and funds.

(7) A director or officer ceasing to hold office by virtue of this Act and any employee of a consolidated entity shall deliver and turn over to the Authority, or to a person it may designate, all papers, records, books, documents, property, real and personal, and pending business of any kind in the director's, officer's, or employee's possession or custody and shall account to the Authority for all moneys for which the director, officer, or employee is responsible.

(8) The separate existence of the consolidated entities shall cease and the term of office of each director and officer of those entities shall terminate, except that the directors of the Regional Transportation Authority on the effective date of this Act shall serve as temporary Directors of the Authority until their successors are appointed pursuant to Section 5.01. The Authority and the appointing authorities shall begin the process under Section 5.01 to select successors to the temporary Directors no later than 30 days after the effective date of this Act.

Section 3.03. Transfer of employees and collective bargaining rights.

(a) The provisions of this Section establish the procedures to be followed by the Authority in dealing with employees of the consolidated entities in carrying out the consolidation and reorganization of public transportation provided for in this Act and to provide fair and equitable protection for those employees.

(b) On the effective date of this Act, all persons employed by the consolidated entities shall become employees of the Authority.

(c) The Authority shall assume and observe all applicable collective bargaining and other agreements between the consolidated entities and their employees in effect on the effective date of this Act.

(d) The Authority shall assume all pension obligations of the consolidated entities and the employees of the consolidated entities who are members or beneficiaries of any existing pension or retirement system and shall continue to have the rights, privileges, obligations, and status with respect to such system or systems as prescribed by law. Employees shall be given sick leave, vacation, insurance, and pension credits in accordance with the records or labor agreements of the consolidated entities provided to an employee under an ordinance adopted or a contract executed by a consolidated entity. The Authority shall determine the number of employees necessary to provide public transportation services on a consolidated basis and to carry out the functions of the Authority and shall determine fair and equitable arrangements for the employees of the Authority who are affected by actions provided for by this Act.

(e) If the Authority and an accredited representative of the employees of a consolidated entity fail to agree on a matter covered by a collective bargaining agreement and related to the implementation of this Act, either party may request the assistance of a mediator appointed by either the State or Federal Mediation and Conciliation Service who shall seek to resolve the dispute. If the dispute is not resolved by mediation within a 21-day period, the mediator shall certify to the parties that an impasse exists. Upon receipt of the mediator's certificate, the parties shall submit the dispute to arbitration by a board composed of 3 persons, one appointed by the Authority, one appointed by the labor organization representing the employees, and a third member to be agreed upon by the labor organization and the Authority. The member agreed upon by the labor organization and the Authority shall act as chair of the board. The determination of the majority of the board of arbitration thus established shall be final and binding on all matters in dispute. If, after a period of 10 days from the date of the appointment of the 2 arbitrators representing the Authority and the labor organization, the third arbitrator has not been selected, then either arbitrator may request the American Arbitration Association to furnish from the current listing of the membership of the National Academy of Arbitrators the names of 7 members of the National Academy. The arbitrators appointed by the Authority and the labor organization shall determine, promptly after the receipt of the list, by that order alternatively eliminate one name until only one name remains. The remaining person on the list shall be the third arbitrator. Each party shall pay an equal proportionate share of the impartial arbitrator's fees and expenses.

Article IV. POWERS

Section 4.01. Responsibility for public transportation. As the provider of public transportation in the metropolitan region, the Authority may:

(1) adopt plans that implement the public policy of the State to provide adequate, efficient, equitable, and coordinated public transportation throughout the metropolitan region;

(2) develop Service Standards and performance measures to inform the public about the extent to which the provision of public transportation in the metropolitan region meets those goals, objectives, and standards;

(3) use the Service Standards and performance standards to objectively and transparently determine the level, nature, and kind of public transportation that should be provided for the metropolitan region;

(4) budget and allocate operating and capital funds efficiently and in a cost-effective manner to support public transportation in the metropolitan region;

(5) coordinate the provision of public transportation and the investment in public transportation facilities to enhance the integration of public transportation throughout the metropolitan region;

(6) operate or otherwise provide for public transportation services throughout the metropolitan region;

(7) plan, procure, and operate an integrated fare collection system;

(8) conduct operations, service, and capital planning;

(9) provide design and construction oversight of capital projects;

(10) procure goods and services necessary to fulfill its responsibilities;

(11) develop or participate in residential and commercial development on and in the vicinity of public transportation stations and routes to facilitate transit-supportive land uses, increase public transportation ridership, generate revenue, and improve access to jobs and other opportunities in the metropolitan region by public transportation; and

(12) take all other necessary and reasonable steps to provide public transportation in the metropolitan region.

Section 4.02. General powers. Except as otherwise limited by this Act, the Authority shall have all powers necessary to meet its responsibilities and to carry out its purposes, including, but not limited to, the following powers:

(1) to sue and be sued;

(2) to invest any funds or any moneys not required for immediate use or disbursement, as provided in the Public Funds Investment Act;

(3) to make, amend, and repeal by-laws, rules, and ordinances consistent with this Act;

(4) to borrow money and to issue its negotiable bonds or notes;

(5) to hold, sell, sell by installment contract, lease as lessor, transfer, or dispose of such real or personal property as it deems appropriate in the exercise of its powers or to provide for the use thereof by any transportation agency and to mortgage, pledge, or otherwise grant security interests in any such property;

(6) to enter at reasonable times upon such lands, waters, or premises as in the judgment of the Authority may be necessary, convenient, or desirable for the purpose of making surveys, soundings, borings, and examinations to accomplish any purpose authorized by this Act after having given reasonable notice of such proposed entry to the owners and occupants of such lands, waters or premises, the Authority being liable only for actual damage caused by such activity;

(7) to procure the goods and services necessary to perform its responsibilities;

(8) to make and execute all contracts and other instruments necessary or convenient to the exercise of its powers;

(9) to enter into contracts of group insurance for the benefit of its employees, to provide for retirement or pensions or other employee benefit arrangements for its employees, and to assume obligations for pensions or other employee benefit arrangements for employees of transportation agencies, of which all or part of the facilities are acquired by the Authority;

(10) to provide for the insurance of any property, directors, officers, employees, or operations of the Authority against any risk or hazard, and to self-insure or participate in joint self-insurance pools or entities to insure against any risk or hazard;

(11) to appear before the Illinois Commerce Commission in all proceedings concerning the Authority or any transportation agency;

(12) to pass all ordinances and make all rules and regulations proper or necessary to regulate the use, operation, and maintenance of its property and facilities and those of its Operating Divisions and, by ordinance, to prescribe fines or penalties for violations of ordinances. No fine or penalty shall exceed $5,000 per offense. An ordinance providing for any fine or penalty shall be published in a newspaper of general circulation in the metropolitan region. No such ordinance shall take effect until 10 days after its publication;

(13) to enter into arbitration arrangements, which may be final and binding; and

(14) to provide funding and other support for projects in the metropolitan region under the Equitable Transit-Supportive Development Act.

Section 4.03. Purchase of transit services.

(a) The Authority may provide public transportation by purchasing public transportation services from transportation agencies through purchase of service agreements or grants.

(b) The Authority may make grants to or enter into purchase of service agreements with a transportation agency for operating and other expenses, developing or planning public transportation, or for constructing or acquiring public transportation facilities, all upon such terms and conditions as the Authority shall prescribe.

(c) The Board shall adopt guidelines setting forth uniform standards for the making of grants and purchase of service agreements. The grants or purchase of service agreements may be for a number of years or duration as the parties shall agree.

(d) A transportation agency providing public transportation pursuant to a purchase of service or grant agreement with the Authority is subject to the Illinois Human Rights Act and the remedies and procedures established under that Act. The transportation agency shall file an affirmative action program with regard to public transportation so provided with the Department of Human Rights within one year of the purchase of service or grant agreement to ensure that applicants are employed and that employees are treated during employment without unlawful discrimination. The affirmative action program shall include provisions relating to hiring, upgrading, demotion, transfer, recruitment, recruitment advertising, selection for training, and rates of pay or other forms of compensation. Unlawful discrimination, as defined and prohibited in the Illinois Human Rights Act, may not be made in any term or aspect of employment, and discrimination based upon political reasons or factors is prohibited.

(e) The Authority is not subject to the Public Utilities Act. Transportation agencies that have any purchase of service or grant agreement with the Authority are not subject to that Act as to any public transportation that is the subject of a purchase of service or grant agreement.

(f) A contract or agreement entered into by a transportation agency with the Authority and discontinuation of the contract or agreement by the Authority are not subject to approval of or regulation by the Illinois Commerce Commission.

(g) The Authority shall assume all costs of rights, benefits, and protective conditions to which an employee is entitled under this Act from a transportation agency if the inability of the transportation agency to meet its obligations in relation thereto due to bankruptcy or insolvency, provided that the Authority shall retain the right to proceed against the bankrupt or insolvent transportation agency or its successors, trustees, assigns or debtors for the costs assumed. The Authority may mitigate its liability under this subsection and under Section 2.11 to the extent of employment and employment benefits which it tenders.

Section 4.04. Paratransit services.

(a) As used in this Section, "ADA paratransit services" means those comparable or specialized transportation services provided to individuals with disabilities who are unable to use fixed-route transportation systems and who are determined to be eligible, for some or all of their trips, for such services under the Americans with Disabilities Act of 1990 and its implementing regulations.

(b) The Authority is responsible for the funding, financial review, and oversight of all ADA paratransit services that are provided by the Authority or by any transportation agency.

(c) The Authority shall develop plans for the provision of ADA paratransit services and submit the plans to the Federal Transit Administration for approval. The Authority shall comply with the requirements of the Americans with Disabilities Act of 1990 and its implementing regulations in developing and approving the plans, including, without limitation, consulting with individuals with disabilities and groups representing them in the community and providing adequate opportunity for public comment and public hearings. The plans shall also include, without limitation, provisions to:

(1) maintain, at a minimum, the levels of ADA paratransit service that are required to be provided by the Authority pursuant to the Americans with Disabilities Act of 1990 and its implementing regulations;

(2) provide for consistent policies throughout the metropolitan region for scheduling of ADA paratransit service trips to and from destinations, with consideration of scheduling of return trips on a will-call, open-ended basis upon request of the rider, if practicable;

(3) provide that service contracts and rates with private carriers and taxicabs for ADA paratransit service, entered into or set after the approval by the Federal Transit Administration, are procured by means of an open procurement process;

(4) provide for fares, fare collection, and billing procedures for ADA paratransit services throughout the metropolitan region;

(5) provide for performance standards for all ADA paratransit service transportation carriers, with consideration of door-to-door service;

(6) provide, in cooperation with the Department of Transportation, the Department of Healthcare and Family Services, and other appropriate public agencies and private entities for the application and receipt of grants, including, without limitation, reimbursement from Medicaid or other programs for ADA paratransit services;

(7) provide for a system of dispatch of ADA paratransit services transportation carriers throughout the metropolitan region with consideration of county-based dispatch systems already in place;

(8) provide for a process of determining eligibility for ADA paratransit services that complies with the Americans with Disabilities Act of 1990 and its implementing regulations;

(9) provide for consideration of innovative methods to provide and fund ADA paratransit services; and

(10) provide for the creation of an ADA advisory board to represent the diversity of individuals with disabilities in the metropolitan region and to provide appropriate ongoing input from individuals with disabilities into the operation of ADA paratransit services.

(d) All revisions and annual updates to the ADA paratransit services plans developed pursuant to subsection (c), or certifications of continued compliance in lieu of plan updates, that are required to be provided to the Federal Transit Administration shall be developed by the Authority and the Authority shall submit the revision, update, or certification to the Federal Transit Administration for approval.

(e) The Department of Transportation, the Department of Healthcare and Family Services, and the Authority shall enter into intergovernmental agreements as may be necessary to provide funding and accountability for, and implementation of, the requirements of this Section.

(f) In conjunction with its adoption of its Strategic Plan, the Authority shall develop and submit to the General Assembly and the Governor a funding plan for ADA paratransit services. The funding plan shall, at a minimum, contain an analysis of the current costs of providing ADA paratransit services, projections of the long-term costs of providing ADA paratransit services, identification of and recommendations for possible cost efficiencies in providing ADA paratransit services, and identification of and recommendations for possible funding sources for providing ADA paratransit services. The Department of Transportation, the Department of Healthcare and Family Services, and other State and local public agencies, as appropriate, shall cooperate with the Authority in the preparation of the funding plan.

(g) Any funds derived from the federal Medicaid program for reimbursement of the costs of providing ADA paratransit services within the metropolitan region shall be directed to the Authority and shall be used to pay for or reimburse the costs of providing ADA paratransit services.

Section 4.05. Fares and nature of service.

(a) The Authority has the sole authority for setting fares and charges for public transportation services in the metropolitan region, including public transportation provided by transportation agencies pursuant to purchase of service or grant agreements with the Authority, and for establishing the nature and standards of public transportation to be so provided in accordance with the Strategic Plan and Service Standards.

(b) The Authority shall develop and implement a regionally coordinated and consolidated fare collection system.

(c) Whenever the Authority provides any public transportation pursuant to grants to transportation agencies for operating expenses, other than with regard to experimental programs, or pursuant to any purchase of service agreement, the purchase of service or grant agreements shall provide for the level and nature of fares or charges to be made for such services and the nature and standards of public transportation to be so provided.

(d) In so providing for the fares or charges and the nature and standards of public transportation, any purchase of service or grant agreements shall provide, among other matters, for the terms and cost of transfers or interconnections between different modes of transportation and different public transportation providers.

(e) At least once every 2 years, the Authority shall assess the need to make fare adjustments in light of inflation, budgetary needs, and other relevant policy considerations. The Board shall, by ordinance, retain the existing fare structure or adopt a revised fare structure. The Authority shall take reasonable steps to get public input as part of its assessment, and the Board shall conduct a public hearing before adopting its fare structure ordinance.

(f) By no later than 2 years after the effective date of this Act, the Authority shall implement:

(1) an income-based reduced fare program; and

(2) fare capping for individual services and across public transportation service providers.

(g) The Authority must develop and make available for use by riders a universal fare instrument that may be used interchangeably on all public transportation funded by the Authority.

Section 4.06. Use of streets and roads.

(a) The Authority may, by ordinance, provide for special lanes for exclusive or special use by public transportation vehicles with regard to any roads, streets, ways, highways, bridges, toll highways, or toll bridges in the metropolitan region, notwithstanding any other law, ordinance, or regulation to the contrary.

(b) The Authority may use and, by ordinance, authorize a transportation agency to use without any franchise, charge, permit, or license any public road, street, way, highway, bridge, toll highway, or toll bridge within the metropolitan region for the provision of public transportation. Transportation agencies that have purchase of service or grant agreements with the Authority as to any public transportation are not, as to any aspect of the public transportation, subject to any supervision, licensing, or regulation imposed by a unit of local government in the metropolitan region, except as may be specifically authorized by the Authority and except for regular police supervision of vehicular traffic.

Section 4.07. Bus rapid transit and related technologies. To improve public transportation service in the metropolitan region, the Authority shall accelerate the implementation of bus rapid transit services using the expressway, tollway, and other roadway systems in the metropolitan region. The Department of Transportation and the Illinois State Toll Highway Authority shall collaborate with the Authority in the implementation of bus rapid transit services. The Authority, in cooperation with the Department of Transportation and the Illinois State Toll Highway Authority, shall evaluate and refine approaches to bus rapid transit operations and shall investigate technology options that facilitate the shared use of the bus rapid transit lanes and provide revenue for financing construction and operation of public transportation facilities. The Authority shall also research, evaluate, and, where appropriate, implement vehicle, infrastructure, intelligent transportation systems, and other technologies to improve the quality and safety of public transportation on roadway systems in the metropolitan region.

Section 4.08. Coordination with the Department of Transportation.

(a) The Authority shall promptly review the Department of Transportation's plans under Section 2705-354 of the Department of Transportation Law of the Civil Administrative Code of Illinois and provide the Department with recommendations for any needed modifications to enhance the operation and safety of public transportation on the highway. The Department shall review the recommendations and respond to the Authority's comments as set forth in that Section.

(b) The Department and the Authority shall jointly develop and publish on their websites guidelines, timetables, and best practices for how they will advance highway designs and operations on highways under the Department's jurisdiction in the metropolitan region to optimize the efficacy, safety, and attractiveness of public transportation on such highways.

Section 4.09. Eminent domain.

(a) The Authority may take and acquire possession by eminent domain of any property or interest in property which the Authority may acquire under this Act. The power of eminent domain may be exercised by ordinance of the Authority and shall extend to all types of interests in property, both real and personal, including, without limitation, easements for access purposes to and rights of concurrent usage of existing or planned public transportation facilities, whether the property is public property or is devoted to public use and whether the property is owned or held by a public transportation agency, except as specifically limited by this Act.

(b) The Authority shall exercise the power of eminent domain granted in this Section in the manner provided for the exercise of the right of eminent domain under the Eminent Domain Act, except that the Authority may not exercise quick-take authority provided in Article 20 of the Eminent Domain Act providing for immediate possession in such proceedings and except that those provisions of Section 10-5-10 of the Eminent Domain Act requiring prior approval of the Illinois Commerce Commission in certain instances shall apply to eminent domain proceedings by the Authority only as to any taking or damaging by the Authority of any real property of a railroad not used for public transportation or of any real property of other public utilities.

(c) The Authority may exercise the right of eminent domain to acquire public property with the approval of the Board. In a proceeding for the taking of public property by the Authority through the exercise of the power of eminent domain, the venue shall be in the circuit court of the county in which the property is located. The right of eminent domain may be exercised over property used for public park purposes, for State forest purposes, or for forest preserve purposes with the approval of the Board, after public hearing and a written study done for the Authority, that such taking is necessary to accomplish the purposes of this Act, that no feasible alternatives to such taking exist, and that the advantages to the public from such taking exceed the disadvantages to the public of doing so. In a proceeding for the exercise of the right of eminent domain for the taking by the Authority of property used for public park, State forest, or forest preserve purposes, the court shall not order the taking of such property unless it has reviewed and concurred in the findings required of the Authority by this paragraph. Property dedicated as a nature preserve pursuant to the Illinois Natural Areas Preservation Act may not be acquired by eminent domain by the Authority.

(d) The acquisition by the Authority by eminent domain of any property is not subject to the approval of or regulation by the Illinois Commerce Commission, except that any requirement in Section 10-5-10 of the Eminent Domain Act requiring in certain instances prior approval of the Illinois Commerce Commission for taking or damaging of property of railroads or other public utilities shall continue to apply as to any taking or damaging by the Authority of any real property of such a railroad not used for public transportation or of any real property of such other public utility.

(e) Notwithstanding any other provision of this Act, any power granted under this Act to acquire property by condemnation or eminent domain is subject to, and shall be exercised in accordance with, the Eminent Domain Act.

Section 4.10. Acquisitions.

(a) The Authority may acquire any public transportation facility for its use or for use by a transportation agency and may acquire any such facilities from a transportation agency, including, without limitation, reserve funds, employees' pension or retirement funds, special funds, franchises, licenses, patents, permits and papers, documents, and records of the transportation agency.

(b) In connection with an acquisition under subsection (a) from a transportation agency, the Authority may assume obligations of the transportation agency with regard to such facilities or property or public transportation operations of such agency.

(c) In each case in which this Act gives the Authority the power to construct or acquire real or personal property, the Authority may acquire such property by contract, purchase, gift, grant, exchange for other property or rights in property, lease, sublease, or installment or conditional purchase contracts. A lease or contract may provide for consideration to be paid in annual installments during a period not exceeding 40 years. Property may be acquired subject to such conditions, restrictions, liens, or security or other interests of other parties as the Authority deems appropriate, and, in each case, the Authority may acquire a joint, leasehold, easement, license, or other partial interest in such property. Any such acquisition may provide for the assumption of, or agreement to pay, perform, or discharge outstanding or continuing duties, obligations, or liabilities of the seller, lessor, donor, or other transferor of or of the trustee with regard to such property.

(d) In connection with the acquisition of public transportation equipment, including, but not limited to, rolling stock, vehicles, locomotives, buses, or rapid transit equipment, the Authority may also execute agreements concerning such equipment leases, equipment trust certificates, conditional purchase agreements, and other security agreements and may make such agreements and covenants as required in the form customarily used in such cases appropriate to effect such acquisition.

(e) Obligations of the Authority incurred pursuant to this Section shall not be considered bonds or notes within the meaning of Section 6.05.

Section 4.11. Public bidding.

(a) The Board shall adopt rules to ensure that the acquisition by the Authority of services or public transportation facilities, other than real estate, involving a cost of more than the small purchase threshold set by the Federal Transit Administration and the disposition of all property of the Authority shall be after public notice and with public bidding.

(b) The Board shall adopt rules to ensure that the construction, demolition, rehabilitation, renovation, and building maintenance projects by the Authority for services or public transportation facilities involving a cost of more than $40,000 or such other amount set by the Board by ordinance shall be after public notice and with public bidding. The ordinance may provide for exceptions to such requirements for acquisition of repair parts, accessories, equipment, or services previously furnished or contracted for; for the immediate delivery of supplies, material, or equipment or performance of service when it is determined by the concurrence of a majority of the then Directors that an emergency requires immediate delivery or supply thereof; for goods or services that are economically procurable from only one source; for contracts for the maintenance or servicing of equipment which are made with the manufacturers or authorized service agent of that equipment where the maintenance or servicing can best be performed by the manufacturer or authorized service agent or such a contract would be otherwise advantageous to the Authority, except that the exceptions in this clause shall not apply to contracts for plumbing, heating, piping, refrigeration, and automatic temperature control systems, ventilating, and distribution systems for conditioned air, and electrical wiring; for goods or services procured from another governmental agency; for purchases and contracts for the use or purchase of data processing equipment and data processing systems software; for the acquisition of professional or utility services; and for the acquisition of public transportation equipment, including, but not limited to, rolling stock, locomotives, and buses if: (i) it is determined by the Directors that a negotiated acquisition offers opportunities with respect to the cost or financing of the equipment, its delivery, or the performance of a portion of the work within the State or the use of goods produced or services provided within the State; (ii) a notice of intention to negotiate for the acquisition of such public transportation equipment is published in a newspaper of general circulation within the metropolitan region inviting proposals from qualified vendors; and (iii) any contract with respect to such acquisition is authorized by the Directors.

(c) The requirements set forth in this Section do not apply to purchase of service or grant agreements or other contracts, purchases, or sales entered into by the Authority with any transportation agency or unit of local government.

(d) The Authority may use a 2-phase design-build selection procedure as follows:

(1) The Authority may authorize the use of competitive selection and the prequalification of responsible bidders consistent with all applicable laws.

(2) 2-phase design-build selection procedures shall consist of the following:

(A) The Authority shall develop, through licensed architects or licensed engineers, a scope of work statement for inclusion in the solicitation for phase-one proposals that defines the project and provides prospective offerors with sufficient information regarding the Authority's requirements. The statement shall include criteria and preliminary design, general budget parameters, and general schedule or delivery requirements to enable the offerors to submit proposals which meet the Authority's needs. When the 2-phase design-build selection procedure is used and the Authority contracts for development of the scope of work statement, the Authority shall contract for architectural or engineering services as defined by and in accordance with the Architectural, Engineering, and Land Surveying Qualifications Based Selection Act and all applicable licensing statutes.

(B) The evaluation factors to be used in evaluating phase-one proposals must be stated in the solicitation and must include specialized experience and technical competence, capability to perform, past performance of the offeror's team, including the architect-engineer and construction members of the team, and other appropriate technical and qualifications factors. Each solicitation must establish the relative importance assigned to the evaluation factors and the subfactors that must be considered in the evaluation of phase-one proposals on the basis of the evaluation factors set forth in the solicitation. Each design-build team must include a licensed design professional independent from the Authority's licensed architect or engineer and a licensed design professional must be named in the phase-one proposals submitted to the Authority.

(C) On the basis of the phase-one proposal, the Authority shall select as the most highly qualified the number of offerors specified in the solicitation and request the selected offerors to submit phase-two competitive proposals and cost or price information. Each solicitation must establish the relative importance assigned to the evaluation factors and the subfactors that must be considered in the evaluation of phase-two proposals on the basis of the evaluation factors set forth in the solicitation. The Authority may negotiate with the selected design-build team after award but prior to contract execution for the purpose of securing better terms than originally proposed if the salient features of the design-build solicitation are not diminished. Each phase-two solicitation evaluates separately (i) the technical submission for the proposal, including design concepts or proposed solutions to requirements addressed within the scope of work, and (ii) the evaluation factors and subfactors, including cost or price, that must be considered in the evaluations of proposals.

(D) A design-build solicitation issued under the procedures in this subsection shall state the maximum number of offerors that are to be selected to submit competitive phase-two proposals. The maximum number specified in the solicitation shall not exceed 5 unless the Authority with respect to an individual solicitation determines that a specified number greater than 5 is in the best interest of the Authority and is consistent with the purposes and objectives of the two-phase design-build selection process.

(E) All designs submitted as part of the two-phase selection process and not selected shall be proprietary to the preparers.

Section 4.12. Limitations on Authority powers.

(a) The Authority may not:

(1) require or authorize the operation of, or operate or acquire by eminent domain or otherwise, any public transportation facility or service on terms or in a manner which unreasonably interferes with the ability of a railroad to provide efficient freight or intercity passenger service. This paragraph does not bar the Authority from acquiring title to any property in a manner consistent with this paragraph;

(2) obtain by eminent domain any interest in a right-of-way or any other real property of a railroad that is not a public body in excess of the interest to be used for public transportation as provided in this Act; or

(3) prohibit the operation of public transportation by a private carrier that does not receive a grant or purchase of service agreement from the Authority.

(b) If, in connection with any construction, acquisition, or other activity undertaken by or for the Authority or pursuant to any purchase of service or grant agreement with the Authority, a facility of a public utility, as defined in the Public Utilities Act, is removed or relocated from its then-existing site, all costs and expenses of such relocation or removal, including the cost of installing such facilities in a new location or locations, and the cost of any land or lands, interest in land, or any rights required to accomplish such relocation or removal, shall be paid by the Authority. If any such facilities are so relocated onto the properties of the Authority or onto properties made available for that purpose by the Authority, there shall be no rent, fee, or other charge of any kind imposed upon the public utility owning or operating such facilities in excess of that imposed prior to such relocation and such public utility, and its successors and assigns, and the public utility shall be granted the right to operate such facilities in the new location or locations for as long a period and upon the same terms and conditions as it had the right to maintain and operate such facilities in their former location. Nothing in this subsection shall prevent the Authority and a transportation agency from agreeing in a purchase of service agreement or otherwise to make different arrangements for such relocations or the costs thereof.

Section 4.13. Appointment of officers and employees.

(a) The Authority may appoint, retain, and employ officers, attorneys, agents, engineers, and employees. The officers shall include an Executive Director, who shall be the chief executive officer of the Authority, appointed by the Chair with the concurrence of the Board.

(b) The Executive Director must be an individual of proven transportation and management skills and may not be a member of the Board, except as provided in subsection (d) of Section 2.07.

(c) The Executive Director shall hire and organize the staff of the Authority, shall allocate their functions and duties, shall fix compensation and conditions of employment of the staff of the Authority, and, consistent with the policies of and direction from the Board, take all actions necessary to achieve the Executive Director's purposes, fulfill the Executive Director's responsibilities, and carry out the Executive Director's powers. The Executive Director shall have such other powers and responsibilities as the Board shall determine.

(d) The Authority may employ its own professional management personnel to provide professional and technical expertise concerning its purposes and powers and to assist it in assessing the performance of the Authority and the transportation agencies in the metropolitan region.

(e) No employee, officer, or agent of the Authority may receive a bonus that exceeds 10% of the employee's, officer's, or agent's annual salary unless the Board has approved that bonus. This subsection does not apply to usual and customary salary adjustments or payments made under performance-based compensation plans adopted pursuant to Section 5.04.

(f) Unlawful discrimination, as defined and prohibited in the Illinois Human Rights Act, shall not be made in any term or aspect of employment and there may not be discrimination based upon political reasons or factors. The Authority shall establish regulations to ensure that its discharges shall not be arbitrary and that hiring and promotion are based on merit.

(g) The Authority is subject to the Illinois Human Rights Act and the remedies and procedures established under that Act. The Authority shall file an affirmative action program for employment by it with the Department of Human Rights to ensure that applicants are employed and that employees are treated during employment, without regard to unlawful discrimination. Such affirmative action program shall include provisions relating to hiring, upgrading, demotion, transfer, recruitment, recruitment advertising, selection for training, and rates of pay or other forms of compensation.

Section 4.14. Policy with respect to protective arrangements, collective bargaining, and labor relations.

(a) The Authority shall ensure that every employee of the Authority or a transportation agency shall receive fair and equitable protection against actions of the Authority, which shall not be less than those established pursuant to Section 13(c) of the Urban Mass Transportation Act of 1964, as amended (49 U.S.C. 1609(c)), and Section 405(b) of the Rail Passenger Service Act of 1970, as amended (45 U.S.C. 565(b)), and as prescribed by the United States Secretary of Labor under those Acts at the time of the protective agreement or arbitration decision providing protection.

(b) There shall be no limitation on freedom of association among employees of the Authority nor any denial of the right of employees to join or support a labor organization and to bargain collectively through representatives of their own choosing.

(c) The Authority and the duly accredited representatives of employees shall have the obligation to bargain collectively in good faith, and the Authority shall enter into written collective bargaining agreements with such representatives.

(d) As used in this Section, "actions of the Authority" includes the Authority's acquisition and operation of public transportation facilities, the execution of purchase of service and grant agreements made under this Act and the coordination, reorganization, combining, leasing, merging of operations, or the expansion or curtailment of public transportation services or facilities by the Authority. "Actions of the Authority" does not include a failure or refusal to enter into a purchase of service or grant agreement.

Section 4.15. Employee protection. The Authority shall negotiate or arrange for the negotiation of such fair and equitable employee arrangements with the employees, through their accredited representatives authorized to act for them. If agreement cannot be reached on the terms of such protective arrangement, any party may submit any matter in dispute to arbitration. In such arbitration, each party shall have the right to select nonvoting arbitration board members. The impartial arbitrator shall be selected by the American Arbitration Association and appointed from a current listing of the membership of the National Academy of Arbitrators, upon request of any party. The impartial arbitrator's decision shall be final and binding on all parties. Each party shall pay an equal proportionate share of the impartial arbitrator's fees and expenses.

Section 4.16. Employee pensions. The Authority may establish and maintain systems of pensions and retirement benefits for officers and employees of the Authority as may be designated or described by ordinance of the Authority; may fix the classifications of the systems of pensions and retirement; may take such steps as may be necessary to provide that persons eligible for admission to the pension systems as officers and employees of the Authority or of a transportation agency whose operations are financed in whole or in part by the Authority, including that the officers and employees shall retain eligibility for admission to or continued coverage and participation under Title II of the federal Social Security Act, as amended, and the related provisions of the Federal Insurance Contributions Act, as amended, the federal Railroad Retirement Act, as amended, and the Railroad Retirement Tax Act, as amended, as the case may be; and may provide, in connection with the pension systems, a system of benefits payable to the beneficiaries and dependents of a participant in the pension systems after the death of the participant, whether accidental or otherwise, whether occurring in the actual performance of duty or otherwise, or both, subject to exceptions, conditions, restrictions, and classifications as may be provided by ordinance of the Authority. The pension systems shall be financed or funded by means and in a manner as may be determined by the Authority to be economically feasible.

Section 4.17. Labor contracts.

(a) The Authority shall deal with and enter into written contracts with employees of the Authority through accredited representatives of the employees authorized to act for the employees concerning wages, salaries, hours, working conditions, and pension or retirement provisions. However, nothing in this Act shall be construed to permit hours of labor in excess of those prohibited by law or to permit working conditions prohibited by law.

(b) If the Authority acquires the public transportation facilities of a transportation agency and operates such facilities, all employees actively engaged in the operation of the facilities shall be transferred to and appointed as employees of the Authority, subject to all the rights and benefits of Sections 4.14 through 4.18, and the Authority shall assume and observe all applicable labor contracts and pension obligations. These employees shall be given seniority credit and sick leave, vacation, insurance, and pension credits in accordance with the records or labor agreements from the acquired transportation system. Members and beneficiaries of any pension or retirement system or other benefits established by the acquired transportation system shall continue to have rights, privileges, benefits, obligations, and status with respect to the established retirement or retirement system. The Authority shall assume the obligations of any transportation system acquired by it with regard to wages, salaries, hours, working conditions, sick leave, health and welfare, and pension or retirement provisions for these employees. The Authority and the employees, through their representatives for collective bargaining purposes, shall take whatever action may be necessary to have pension trust funds presently under the joint control of such transportation agency and the participating employees through their representatives transferred to the trust funds to be established, maintained, and administered jointly by the Authority and the participating employees through their representatives.

(c) If the Authority takes any of the actions specified in subsection (d) of Section 4.14, it shall do so only after meeting the requirements of subsection (a) of Section 4.14 and Section 4.15. If the Authority acquires and operates the public transportation facilities of a transportation agency engaged in the transportation of persons by railroad, it shall do so only in such manner as to ensure the continued applicability to the railroad employees affected thereby of the provisions of all federal statutes then applicable to them and a continuation of their existing collective bargaining agreements until the provisions of said agreements can be renegotiated by representatives of the Authority and the representatives of said employees duly designated as such pursuant to the terms and provisions of the Railway Labor Act, as amended (45 U.S.C. 151 et seq.). However, nothing in this subsection shall prevent the abandonment of such facilities, the discontinuance of such operations pursuant to applicable law, or the substitution of other operations or facilities for such operations or facilities, whether by merger, consolidation, coordination, or otherwise. If new or supplemental operations or facilities are substituted therefore, the provisions of Section 4.18 shall be applicable, and all questions concerning the selection of forces to perform the work of such new or supplemental facilities or operations and whether the Authority shall be required to ensure the continued applicability of the federal statutes applicable to such employees shall be negotiated and, if necessary, arbitrated, in accordance with subsection (a) of Section 4.18.

Section 4.18. Labor relations procedures.

(a) If the Authority proposes to operate or to enter into a contract to operate any new public transportation facility which may result in the displacement of employees or the rearrangement of the working forces of the Authority or of a transportation agency, the Authority shall give at least 90 days' written notice of such proposed operations to the representatives of the employees affected, and the Authority shall provide for the selection of forces to perform the work of that facility on the basis of agreement between the Authority and the representatives of such employees. If there is a failure to agree, the dispute may be submitted by the Authority or by any representative of the employees affected to final and binding arbitration by an impartial arbitrator to be selected by the American Arbitration Association from a current listing of arbitrators of the National Academy of Arbitrators.

(b) If there is a labor dispute not otherwise governed by this Act, by the Labor Management Relations Act of 1947, as amended, by the Railway Labor Act, as amended, or by impasse resolution provisions in a collective bargaining or protective agreement involving the Authority or any transportation agency financed, in whole or in part, by the Authority and the employees of the Authority or of any such transportation agency that is not settled by the parties thereto within 30 days from the date of commencement of negotiations, either party may request the assistance of a mediator appointed by either the State or Federal Mediation and Conciliation Service, who shall seek to resolve the dispute. If the dispute is not resolved by mediation within a reasonable period, the mediator shall certify to the parties that an impasse exists. Upon receipt of the mediator's certification, any party to the dispute may, within 7 days, submit the dispute to a fact-finder who shall be selected by the parties pursuant to the rules of the American Arbitration Association from a current listing of members of the National Academy of Arbitrators supplied by the American Arbitration Association. The fact-finder shall have the duty to hold hearings, or otherwise take evidence from the parties under such other arrangements as they may agree. Upon completion of the parties' submissions, the fact-finder may issue and make public findings and recommendations or refer the dispute back to the parties for such other appropriate action as the fact-finder may recommend. If the parties do not reach agreement after the issuance of the fact-finder's report and recommendations, or, in cases where neither party requests fact-finding, the Authority shall offer to submit the dispute to arbitration by a board composed of 3 persons, one appointed by the Authority, one appointed by the labor organization representing the employees, and a third member to be agreed upon by the labor organization and the Authority. The member agreed upon by the labor organization and the Authority shall act as Chair of the board. The determination of the majority of the board of arbitration thus established shall be final and binding on all matters in dispute. If, after a period of 10 days from the date of the appointment of the 2 arbitrators representing the Authority and the labor organization, the third arbitrator has not been selected, then either arbitrator may request the American Arbitration Association to furnish from a current listing of the membership of the National Academy of Arbitrators the names of 7 such members of the National Academy from which the third arbitrator shall be selected. The arbitrators appointed by the Authority and the labor organization, promptly after the receipt of such list, shall determine by lot the order of elimination, and, thereafter, each shall in that order alternately eliminate one name until only one name remains. The remaining person on the list shall be the third arbitrator. Each party shall pay one-half of the expenses of such arbitration.

As used in this subsection, "labor dispute" shall be broadly construed and shall include any controversy concerning wages, salaries, hours, working conditions, or benefits, including health and welfare, sick leave, insurance, or pension or retirement provisions, but not limited thereto. "Labor dispute" includes any controversy concerning any differences or questions that may arise between the parties, including, but not limited to, the making or maintaining of collective bargaining agreements, the terms to be included in such agreements, and the interpretation or application of such collective bargaining agreements and any grievance that may arise.

Section 4.19. Workforce development.

(a) The Authority shall create or partner with a youth jobs program to provide internship or employment opportunities to youth and young adults to prepare them for careers in public transportation.

(b) The Authority may participate in and provide funding support for programs that prepare participants for careers in public transportation.

Section 4.20. Disadvantaged business enterprise contracting and equal employment opportunity programs.

(a) The Authority shall establish and maintain a disadvantaged business enterprise contracting program designed to ensure nondiscrimination in the award and administration of contracts not covered under a federally mandated disadvantaged business enterprise program. The program shall establish narrowly tailored goals for the participation of disadvantaged business enterprises as the Authority determines appropriate. The goals shall be based on demonstrable evidence of the availability of ready, willing, and able disadvantaged business enterprises relative to all businesses ready, willing, and able to participate in the program's contracts. The program shall require the Authority to monitor the progress of the contractors' obligations with respect to the program's goals. Nothing in this program shall conflict with or interfere with the maintenance or operation of, or compliance with, any federally mandated disadvantaged business enterprise program.

(b) The Authority shall establish and maintain a program designed to promote equal employment opportunity. Each year, no later than October 1, the Authority shall report to the General Assembly on the number of the Authority's respective employees and the number of the Authority's respective employees who have designated themselves as members of a minority group and minority gender.

(c) Each year, no later than October 1, and starting no later than the first October 1 after the establishment of its disadvantaged business enterprise contracting programs, the Authority shall submit a report with respect to such program to the General Assembly.

(d) Each year, no later than October 1, the Authority shall submit a copy of its federally mandated semi-annual Uniform Report of Disadvantaged Business Enterprises Awards or Commitments and Payments to the General Assembly.

(e) The Authority shall use the Illinois Works Job Program and other job training and job creation programs to the extent allowed by law and operationally feasible.

Section 4.21. Research and development. The Authority shall:

(1) study public transportation problems and developments; encourage experimentation in developing new public transportation technology, financing methods, and management procedures;

(2) conduct, in cooperation with other public and private agencies, studies, demonstrations, and development projects to test and develop methods for improving public transportation, for reducing its costs to users, or for increasing public use; and

(3) conduct, sponsor, and participate in other studies and experiments, which may include fare demonstration programs and transportation technology pilot programs, in conjunction with public agencies, including the United States Department of Transportation, the Illinois Department of Transportation, the Illinois State Toll Highway Authority, and the Chicago Metropolitan Agency for Planning, useful to achieving the purposes of this Act.

Section 4.22. Protection of the environment.

(a) The Authority shall take all feasible and prudent steps to minimize environmental disruption and pollution arising from its activities and from public transportation activities of transportation agencies acting pursuant to purchase of service or grant agreements. In carrying out its purposes and powers under this Act, the Authority shall seek to reduce environmental disruption and pollution arising from all forms of transportation of persons within the metropolitan region. The Authority shall employ persons with skills and responsibilities for determining how to minimize such disruption and pollution.

(b) In recognition of the fact that the transportation sector accounts for approximately a third of the greenhouse gases generated in the State and that public transportation moves people with fewer such emissions, the Authority shall work cooperatively with the Department of Transportation, the Illinois State Toll Highway Authority, the Chicago Metropolitan Agency for Planning, and other units of government to assist them in using investments in public transportation facilities and operations as a tool to help them meet their greenhouse gas emissions reduction goals. To the maximum extent allowed by law, the Authority is eligible to receive funding and other assistance from local, state, and federal sources so the Authority can assist in using improved and expanded public transportation in the metropolitan region to reduce greenhouse gas emissions and other pollution generated by the transportation sector.

(c) Subject to all applicable laws, the Authority may participate in market-based environmental remediation programs, including, but not limited to, carbon emissions markets, through which the Authority can realize revenue reflecting the value of greenhouse gas emissions reductions it delivers through public transportation services in the metropolitan region.

Section 4.23. Bikeways and trails. The Authority may use its funds, personnel, and other resources to acquire, construct, operate, and maintain on-road and off-road bikeways, bike lanes, and trails that connect people to public transportation facilities and services. The Authority shall cooperate with other governmental and private agencies in bikeway and trail programs.

Section 4.24. Clean, green, or alternative fuel vehicles. Any vehicles purchased from funds made available to the Authority from the Transportation Bond, Series B Fund, or the Multi-modal Transportation Bond Fund must incorporate technologies advancing energy commonly known as clean or green energy and alternative fuel technologies, to the extent practical.

Section 4.25. Zero-emission buses.

(a) As used in this Section:

"Zero-emission bus" means a bus that is:

(1) designed to carry more than 10 passengers and is used to carry passengers for compensation;

(2) a zero-emission vehicle; and

(3) not a taxi.

"Zero-emission vehicle" means a fuel cell or electric vehicle that:

(1) is a motor vehicle;

(2) is made by a commercial manufacturer;

(3) is manufactured primarily for use on public streets, roads, and highways;

(4) has a maximum speed capability of at least 55 miles per hour;

(5) is powered entirely by electricity or powered by combining hydrogen and oxygen, which runs the motor;

(6) has an operating range of at least one hundred miles; and

(7) produces only water vapor and heat as byproducts.

(b) On or after July 1, 2026, the Authority may not enter into a new contract to purchase a bus that is not a zero-emission bus for the purpose of the Authority's bus fleet.

(c) For the purposes of determining compliance with this Section, the Authority is not in violation of this Section when failure to comply is due to:

(i) the unavailability of zero-emission buses from a manufacturer or funding to purchase zero-emission buses;

(ii) the lack of necessary charging, fueling, or storage facilities or funding to procure charging, fueling, or storage facilities; or

(iii) the inability of a third party to enter into a contractual or commercial relationship with the Authority that is necessary to carry out the purposes of this Section.

Section 4.26. City-Suburban Mobility Innovations Program.

(a) The Authority may establish a City-Suburban Mobility Innovations Program and deposit moneys into a City-Suburban Mobility Innovations Fund. Amounts on deposit in the Fund and interest and other earnings on those amounts may be used by the Authority with the approval of the Board and, after a competitive application and scoring process that includes an opportunity for public participation, for operating or capital grants or loans to transportation agencies or units of local government for the following purposes:

(1) providing transit services, other than traditional fixed-route services, that enhance local mobility, including, but not limited to, demand-responsive transit services, ridesharing, van pooling, micromobility and mobility hubs, and first-mile and last-mile services;

(2) enhancing safe access to fixed-route transit services for bicyclists and pedestrians through improvements to sidewalk and path networks, bicycle lanes, crosswalks, lighting, and other improvements;

(3) offering workforce development and training that provides a pathway for careers in public transportation in the metropolitan region; and

(4) testing new technologies, features, and enhancements to the transit system to determine their value and readiness for broader adoption.

(b) The Authority shall develop and publish scoring criteria that it will use in making awards from the City-Suburban Mobility Innovations Fund.

(c) Any grantee that receives funds under this Section must (i) implement such programs within one year of receipt of such funds and (ii) within 2 years following commencement of any program using such funds, determine whether it is desirable to continue the program, and upon such a determination, either incorporate such program into its annual operating budget and capital program or discontinue such program. No additional funds under this Section may be distributed to a grantee for any individual program beyond 2 years unless the Board waives this limitation. Any such waiver will be with regard to an individual program and with regard to a one-year period, and any further waivers for such individual program require a subsequent vote of the Board.

(d) The Authority may reallocate unused funds deposited into the City-Suburban Mobility Innovations Fund to other Authority purposes and programs.

Section 4.27. Transit-Supportive Development Incentive Program.

(a) As used in this Section, "transit-supportive development" means commercial or residential development that is designed to expand the public transportation ridership base or to effectively connect transit users to such developments. "Transit-supportive development" includes, but is not limited to, laws and policies that further these objectives, capital improvements that foster communities with high per capita transit ridership, and transit operation improvements that support efforts to build communities with high per capita transit ridership.

(b) The Authority may establish a Transit-Supportive Development Incentive Program and authorize the deposit of Authority moneys into a Transit-Supportive Development Incentive Fund. Amounts on deposit in the fund and interest and other earnings on those amounts may be used by the Authority, with the approval of its Directors and after a competitive application and scoring process that includes an opportunity for public participation, for operating or capital grants or loans to Service Boards, transportation agencies, or units of local government for the following purposes:

(1) investment in transit-supportive residential and commercial development, including developments on or in the vicinity of property owned by the Authority, an Operating Division, or a transportation agency;

(2) grants to local governments to help cover the cost of drafting and implementing land use, parking, and other laws that are intended to encourage and will reasonably have the effect of allowing or supporting transit-supportive residential and commercial development; and

(3) providing resources for increased public transportation service in and around transit-supportive residential and commercial developments, especially newly created transit-supportive developments.

(c) The Authority shall develop and publish scoring criteria that it will use in making awards from the Transit-Supportive Development Incentive Fund. Such scoring criteria shall prioritize high-density development in and in the near vicinity of public transportation stations and routes and shall prioritize projects that (i) are likely to increase per capita public transportation ridership, (ii) serve disadvantaged and transit populations, and (iii) are located in jurisdictions that have land use and other policies that encourage the level of residential density and concentration of businesses in walkable districts accessible by public transportation required to support financially viable public transportation service with substantial ridership.

(d) Any grantee that receives funds under this Section must (i) implement such programs within one year of receipt of such funds and (ii) within 2 years following commencement of any program utilizing such funds, determine whether it has resulted in increased use of public transit by those residing in the area covered by the program or those accessing the area from outside the area. No additional funds under this Section may be distributed to a grantee for any individual program beyond 2 years unless the Board of the Authority waives this limitation. Any such waiver will be with regard to an individual program and with regard to a one-year period, and any further waivers for such individual program require a subsequent vote of the Board.

(e) The Authority may reallocate unused funds deposited into the Transit-Supportive Development Incentive Fund to other Authority purposes and programs.

Section 4.28. Coordination with planning agencies. The Authority shall cooperate with the various public agencies charged with the responsibility for long-range or comprehensive planning for the metropolitan region. The Authority shall use the forecasts and plans of the Chicago Metropolitan Agency for Planning in developing the Strategic Plan, Five-Year Capital Program, and Service Standards. The Authority shall, prior to the adoption of a Strategic Plan or Five-Year Capital Program, submit its proposals to such agencies for review and comment. The Authority may make use of existing studies, surveys, plans, data, and other materials in the possession of a State agency or department, a planning agency, or a unit of local government.

Section 4.29. Planning activities.

(a) The Authority may adopt subregional or corridor plans for specific geographic areas of the metropolitan region in order to improve the adequacy, efficiency, equity, and coordination of existing, or the delivery of new, public transportation. Such plans may also address areas outside the metropolitan region that may impact public transportation use in the metropolitan region.

(b) In preparing a subregional or corridor plan, the Authority may examine travel markets, demographic shifts, changes in passenger behavior, preferences, or attitudes, and other pertinent factors to identify changes in operating practices or capital investment in the subregion or corridor that could increase ridership, reduce costs, improve coordination, or enhance transit-oriented development.

(c) The Authority shall have principal responsibility for initiating any alternatives analysis and preliminary environmental assessment required by federal or State law for any new public transportation service or facility in the metropolitan region in addition to conducting public and stakeholder engagement activities to inform planning decisions.

Section 4.30. Protection against crime; transit ambassador program.

(a) The Authority shall cooperate with the various State, municipal, county, and transportation agency police forces in the metropolitan region for the protection of employees and consumers of public transportation services and public transportation facilities against crime.

(b) The Authority may provide by ordinance for an Authority police force to aid, coordinate, and supplement other police forces in protecting persons and property and reducing the threats of crime with regard to public transportation. Such police shall have the same powers with regard to the protection of persons and property as those exercised by police of municipalities and may include members of other police forces in the metropolitan region.

(c) The Authority shall establish minimum standards for selection and training of members of a police force employed by the Authority. Training shall be accomplished at schools certified by the Illinois Law Enforcement Training Standards Board established pursuant to the Illinois Police Training Act. Such training is subject to the rules and standards adopted pursuant to Section 7 of that Act. The Authority may participate in any training program conducted under that Act.

(d) The Authority may provide for the coordination or consolidation of security services and police forces maintained with regard to public transportation services and facilities by various transportation agencies and may contract with any municipality or county in the metropolitan region to provide protection of persons or property with regard to public transportation. Employees of the Authority or of any transportation agency affected by any action of the Authority under this Section are covered under the protections set forth in Section 4.15.

(e) The Authority shall implement a transit ambassador program following industry best practices to improve safety and customer service in the public transportation system.

(f) The Authority shall evaluate the efficacy of policing and transit ambassador programs on a regular basis, no less than every 5 years in conjunction with its adoption of its Strategic Plan, and make appropriate adjustments to such programs.

(g) The Authority may perform fare inspections and issue fare violation tickets using personnel other than law enforcement, including transit ambassadors.

(h) Neither the Authority nor any of their Directors, officers, or employees may be held liable for failure to provide a security or police force or, if a security or police force is provided, for failure to provide adequate police protection or security, failure to prevent the commission of crimes by fellow passengers or other third persons, or for the failure to apprehend criminals.

Section 4.31. Traffic law enforcement.

(a) The Authority may cooperate with local governments and law enforcement agencies in the metropolitan region on the enforcement of laws designed to protect the quality and safety of public transportation operations, such as laws prohibiting unauthorized vehicles from blocking bus stops, bus lanes, or other facilities dedicated for use by transit vehicles and transit users.

(b) Local governments and law enforcement agencies in the metropolitan region are authorized to accept photographic, video, or other records derived from cameras and other sensors on public transportation vehicles and facilities as prima facie evidence of a violation of laws that protect the quality and safety of public transportation operations.

(c) The Authority may establish by rule an enforcement program that covers jurisdictions in the metropolitan region that lack laws that protect the quality and safety of public transportation operations or that, in the Authority's sole discretion, fail to adequately enforce such laws.

(d) An enforcement program established under this Section shall contain the following elements:

(1) clear definitions of what constitutes a violation, such as specifying the number of feet around bus stops where unauthorized vehicles are prohibited from parking;

(2) publication on the Authority's website of descriptions and locations of public transportation facilities that are subject to the Authority's enforcement program and other pertinent information about the enforcement program;

(3) a description of the types of evidence, such as bus camera photos or video, which are sufficient to make a prima facie case that a vehicle or person has violated an Authority enforcement rule;

(4) provision of adequate notice of an alleged violation to the registered owner of the vehicle, such as notice by first-class mail;

(5) an administrative adjudication process that gives registered vehicle owners an opportunity to be heard by a neutral party appointed by the Authority;

(6) a process through which vehicle lessors may transfer responsibility for a violation to lessees of their vehicles;

(7) use of Internet tools, such as remote hearings and allowance of online submission of documents contesting an alleged violation, to provide alleged violators an adequate opportunity to contest their alleged violation; and

(8) violation fees that are no higher than the highest administrative fees imposed for similar violations by other public agencies in the metropolitan region.

(e) The Authority shall:

(1) cooperate with local governments and law enforcement agencies to help improve their enforcement of their laws that are designed to improve the quality and safety of public transportation operations; and

(2) inform and consult with local governments and law enforcement agencies in jurisdictions in which the Authority is establishing and operating an enforcement program under subsections (c) and (d).

(f) In its enforcement programs, if any, under subsection (c) and through its cooperation with local governments and law enforcement agencies on their enforcement programs, the Authority shall strive for as much standardization as feasible throughout the metropolitan region in enforcement programs designed to improve the quality and safety of public transportation operations.

Section 4.32. Suspension of riding privileges and confiscation of fare media.

(a) As used in this Section, "demographic information" includes, but is not limited to, age, race, ethnicity, gender, and housing status, as that term is defined under Section 10 of the Bill of Rights for the Homeless Act.

(b) Suspension of riding privileges and confiscation of fare media are limited to:

(1) violations where the person's conduct places public transportation employees or passengers in reasonable apprehension of a threat to their safety or the safety of others, including assault and battery, as those terms are used in Sections 12-1 and 12-3 of the Criminal Code of 2012;

(2) violations where the person's conduct places public transportation employees or passengers in reasonable apprehension of a threat of a criminal sexual assault, as that term is used under Section 11-1.20 of the Criminal Code of 2012; and

(3) violations involving an act of public indecency, as that term is used in Section 11-30 of the Criminal Code of 2012.

(c) Written notice shall be provided to an individual regarding the suspension of the individual's riding privileges or confiscation of fare media. The notice shall be provided in person at the time of the alleged violation, except that, if providing notice in person at the time of the alleged violation is not practicable, then the Authority shall make a reasonable effort to provide notice to the individual by personal service, by mailing a copy of the notice by certified mail, return receipt requested, by first-class mail to the person's current address, or by emailing a copy of the notice to an email address on file, if available. If the person is known to be detained in jail, service shall be made as provided under Section 2-203.2 of the Code of Civil Procedure. The written notice shall be sufficient to inform the individual about the following:

(1) the nature of the suspension of riding privileges or confiscation of fare media;

(2) the person's rights and available remedies to contest or appeal the suspension of riding privileges or confiscation of fare media and to apply for reinstatement of riding privileges; and

(3) the procedures for adjudicating whether a suspension or confiscation is warranted and for applying for reinstatement of riding privileges, including the time and location of any hearing.

(d) The process to determine whether a suspension or riding privileges or confiscation of fare media is warranted and the length of the suspension shall be concluded within 30 business days after the individual receives notice of the suspension or confiscation.

(e) Notwithstanding any other provision of this Section, a person may not be denied the ability to contest or appeal a suspension of riding privileges or confiscation of fare media or to attend an in-person or virtual hearing to determine whether a suspension or confiscation was warranted because the person was detained in a jail.

(f) The Authority shall create an administrative suspension hearing process as follows:

(1) the Authority shall designate an official to oversee the administrative process to decide whether a suspension is warranted and the length of the suspension;

(2) the accused and related parties, including legal counsel, may attend this hearing in person, by telephone, or virtually;

(3) the Authority shall present the suspension-related evidence and outline the evidence that supports the need for the suspension;

(4) the accused or the accused's legal counsel may present and make an oral or written presentation and offer documents, including affidavits, in response to the Authority's evidence;

(5) the Authority's designated official shall make a finding on the suspension;

(6) the value of unexpended credit or unexpired passes shall be reimbursed upon suspension of riding privileges or confiscation of fare media;

(7) the alleged victims of the violation and related parties, including witnesses who were present, may attend this hearing in person, by telephone, or virtually; and

(8) the alleged victims of the violation and related parties, including witnesses who were present, may present and make an oral or written presentation and offer documents, including affidavits, in response to the Authority's evidence.

(g) The Authority shall create a process to appeal and reinstate ridership privileges. This information shall be provided to the suspended rider at the time of the Authority's findings. A suspended rider is entitled to an appeal after the Authority's finding to suspend the person's ridership. A suspended rider may petition the Authority to reinstate the person's ridership privileges one calendar year after the Authority's suspension finding if the length of the suspension is more than one year.

(h) The Authority shall collect, report, and make publicly available quarterly the number and demographic information of people subject to suspension of riding privileges or confiscation of fare media; the conduct leading to the suspension or confiscation; and the location and description of the location where the conduct occurred, such as identifying the transit station or transit line, the date, and the time of day of the conduct, a citation to the statutory authority for which the accused person was arrested or charged, the amount, if any, on the fare media, and the length of the suspension.

Section 4.33. Domestic Violence and Sexual Assault Transportation Assistance Program.

(a) The Authority shall continue the Domestic Violence and Sexual Assault Regional Transit Authority Public Transportation Assistance Program established by the Regional Transportation Authority Act (repealed) to serve residents of the metropolitan region. Through this Program, the Authority shall issue monetarily preloaded mass transit cards to The Network: Advocating Against Domestic Violence for survivor and victim use of public transportation in the metropolitan region.

(b) The Authority shall coordinate with The Network: Advocating Against Domestic Violence to issue no less than 25,000 monetarily preloaded mass transit cards with a value of $20 per card for distribution to domestic violence and sexual assault service providers throughout the Authority's jurisdiction.

(c) The mass transit card shall be plastic or laminated and wallet-sized, contain no information that would reference domestic violence or sexual assault services, and have no expiration date. The cards shall also be available electronically and shall be distributed to domestic violence and sexual assault direct service providers to distribute to survivors.

(d) The creation of the Program shall include an appointment of a domestic violence or sexual assault program service provider or a representative of the service provider's choosing to the Authority's Citizen Advisory Board.

(e) The Network: Advocating Against Domestic Violence shall provide an annual report of the program, including a list of service providers receiving the mass transit cards, the total number of cards received by each service provider, and an estimated number of survivors and victims of domestic violence and sexual assault participating in the program. The report shall also include survivor testimonies of the program and shall include recommendations on improving implementation of the Program. The first report shall be provided to the Authority one calendar year after the creation of the Program.

(f) In partnership with The Network: Advocating Against Domestic Violence, the Authority shall report this information to the Board and the Citizen Advisory Board and compile an annual report of the Program to the General Assembly and to domestic violence and sexual assault service providers in the service providers' jurisdiction and include recommendations for improving implementation of the Program.

Section 4.34. Safety.

(a) The Authority shall establish, enforce, and facilitate achievement and maintenance of standards of safety with respect to public transportation provided by the Authority or by transportation agencies pursuant to purchase of service or grant agreements.

(b) In recognition of the fact that travel by public transportation is significantly safer than travel by other means of surface transportation, the Authority shall work cooperatively with the Department of Transportation, the Illinois State Toll Highway Authority, the Chicago Metropolitan Agency for Planning, and other units of government to assist them in using investments in public transportation facilities and operations as a tool to help the Department and units of local government meet their roadway crash, fatality, and serious injury reduction goals. To the maximum extent allowed by law, the Authority is eligible to receive funding and other assistance from local, state, and federal sources so the Authority can assist in using improved and expanded public transportation in the metropolitan region to improve safety in the surface transportation sector.

(c) The security portion of the system safety program, investigation reports, surveys, schedules, lists, or data compiled, collected, or prepared by or for the Authority under this subsection is exempt from disclosure under the Freedom of Information Act, shall not be subject to discovery or admitted into evidence in federal or State court, or shall not be considered for other purposes in any civil action for damages arising from any matter mentioned or addressed in such reports, surveys, schedules, lists, data, or information.

(d) Neither the Authority nor its directors, officers, or employees may not be held liable in any civil action for any injury to any person or property for any acts or omissions or failure to act under this Section or pursuant to 49 CFR Part 659.

(e) Nothing in this Section alleviates an individual's duty to comply with the State Officials and Employees Ethics Act.

Section 4.35. Competition. It is the policy of this State that all powers granted, either expressly or by necessary implication, by this Act or any other Illinois statute to the Authority may be exercised by the Authority notwithstanding effects on competition. It is the intention of the General Assembly that the state action exemption to the application of federal antitrust statutes be fully available to the Authority to the extent its activities are authorized by law as stated herein.

Section 4.36. Prompt payment. Purchases made pursuant to this Act shall be made in compliance with the Local Government Prompt Payment Act.

Article V. ACCOUNTABILITY

Section 5.01. Director selection process. The following requirements apply to the appointing authorities for Directors of the Board and members of the Citizens Advisory Board:

(1) Those responsible for appointing Directors shall strive to assemble a set of Board members that, to the greatest extent possible, reflects the ethnic, cultural, economic, and geographic diversity of the metropolitan region.

(2) The Authority shall implement the following process to provide public input into the Director selection process and bring qualified Board member candidates to the attention of the appointing authorities:

(A) At least 90 days before the expiration of the term of a Director, or upon notice of the resignation, death, or removal of a Director, the Authority shall issue and publicize a request for applications and nominations to fill that Director position. The request shall provide at least 30 days for submission of applications and nominations.

(B) As soon as practical after the closure of the period for applications and nominations, the Authority shall publicly post the names and a summary of the background and qualifications of at least 2 individuals that the appointing authority believes are qualified to fill the Director position. Such individuals may but need not be from among those people who applied for or were nominated to fill the Director position pursuant to subparagraph (A). The posting shall give the public instructions for how they may comment on those individuals identified by the appointing authority and give them at least 21 days to submit such comments.

(C) After considering comments submitted under subparagraph (B), the appointing authority may proceed with the appointment process as long as the appointing authority appoints as a Director a person who was first identified under subparagraph (B), or the appointing authority may cause the Authority, pursuant to subparagraph (B), to post a new set of individuals who are qualified to fill the Director position and follow the process required by subparagraphs (B) and (C) until the new Director is appointed and qualified.

(D) The Authority shall commence the process set forth in this paragraph (2) sufficiently in advance of the date of the anticipated vacancy on the Board to minimize the duration of such vacancy.

Section 5.02. System usage requirements.

(a) Each calendar quarter, the Authority shall collect and publish the number of trips taken by each Director by public transportation in the metropolitan region.

(b) The Board may adopt rules governing system usage by Directors consistent with the intention of this Act that the Directors overseeing the public transportation system of the metropolitan region should have substantial ridership experience on that system.

(c) The Board may adopt public transportation system usage requirements for the executives and staff of the Authority that are no less demanding than public transportation system ridership requirements applicable to Directors. System ridership requirements may be included in performance-based compensation systems established under Section 5.04.

(d) The Authority may incorporate public transportation system usage requirements into its agreements with transportation agencies and goods and services providers.

(e) The Authority shall put in place reasonable mechanisms to ensure against efforts to evade public transportation system ridership requirements imposed under this Section.

Section 5.03. Director attendance requirement.

(a) The Board shall adopt rules regarding the required frequency of Director attendance at Board meetings.

(b) The failure of a Director to meet the Director attendance requirement shall constitute sufficient grounds for removal of that Director from the Board under subsection (a) of Section 2.08.

Section 5.04. Employment agreements; performance-based compensation.

(a) By no later than one year after the effective date of this Act, after consideration of best practices for executive compensation, the Authority shall enter into written employment agreements with at least the 5 most senior staff executives or officers of the Authority.

(b) The Authority may implement a performance-based compensation system. A performance-based compensation system established under this subsection must tie a significant portion of senior executive compensation to the achievement or nonachievement of performance standards that relate to the quality of public transit services delivered to the public.

(c) Each senior executive participating in a performance-based compensation system must enter into an employment agreement with the Authority that describes the performance-based compensation system and contains the other terms and conditions of employment.

(d) If it implements a performance-based compensation system, the Board shall annually review and approve performance incentive compensation adjustments, positive or negative, for senior executives of the Authority under the performance-based compensation system.

(e) Subject to any applicable collective bargaining agreement, the Authority may extend the performance-based compensation system to include more staff positions at the Authority.

(f) The Authority may incorporate performance-based compensation system requirements into its agreements with transportation agencies and goods and services providers.

Section 5.05. Revolving door prohibition. A Director, Citizen Advisory Board member, former Director, or former Citizen Advisory Board member shall, during the Director's or member's, or former Director's or former member's, term, and for a period of one year immediately after the end of the Director's or member's, or former Director's or former member's, term, engage in business dealings with, knowingly accept employment from, or receive compensation or fees for services from the Authority. This prohibition does not apply to any business dealings engaged in by the Director or member in the course of the Director's or member's official duties or responsibilities as a Director or member.

Section 5.06. Public plans. The Authority shall implement its responsibilities in 5 public documents adopted by its Directors: a Strategic Plan; a Five-Year Capital Program; an Annual Capital Improvement Plan; an Annual Budget and Two-Year Financial Plan; and Service Standards.

Section 5.07. Strategic Plan.

(a) The Authority shall adopt a Strategic Plan, no less than every 5 years, after holding a minimum of one public hearing in each of the counties in the metropolitan region.

(b) To the maximum extent feasible, the Authority shall adopt its Strategic Plan on a similar schedule as the regional comprehensive plan adopted by the Chicago Metropolitan Agency for Planning.

(c) In developing the Strategic Plan, the Authority shall rely on such demographic and other data, forecasts, and assumptions developed by the Chicago Metropolitan Agency for Planning with respect to the patterns of population density and growth, projected commercial and residential development, and environmental factors within the metropolitan region and in areas outside the metropolitan region that may impact public transportation use in the metropolitan region.

(d) The Authority shall also consult with the Department of Transportation's Office of Planning and Programming, the Illinois State Toll Highway Authority, and municipal and county departments of transportation when developing the Strategic Plan.

(e) Before adopting or amending a Strategic Plan, the Authority shall consult with the Chicago Metropolitan Agency for Planning regarding the consistency of the Strategic Plan with the Regional Comprehensive Plan adopted pursuant to the Regional Planning Act.

(f) The Authority may use staff of the Chicago Metropolitan Agency for Planning for planning-related purposes on terms and conditions acceptable to the Authority and the Chicago Metropolitan Agency for Planning.

(g) The Strategic Plan shall describe the specific actions to be taken by the Authority to provide adequate, efficient, equitable, and coordinated public transportation.

(h) The Strategic Plan shall identify goals and objectives with respect to:

(1) increasing ridership and passenger miles on public transportation funded by the Authority;

(2) coordination of public transportation services and the investment in public transportation facilities to enhance the integration of public transportation throughout the metropolitan region;

(3) coordination of fare and transfer policies to promote transfers by riders among public transportation modes;

(4) improvements in public transportation facilities to bring those facilities into a state of good repair, enhancements that attract ridership and improve customer service, and expansions needed to serve areas with sufficient demand for public transportation;

(5) access for transit-dependent populations, including access by low-income communities to places of employment, using analyses provided by the Chicago Metropolitan Agency for Planning regarding employment and transportation availability and considering the location of employment centers in each county and the availability of public transportation at off-peak hours and on weekends;

(6) the financial viability of the public transportation system, including both operating and capital programs;

(7) improving roadway operations within the metropolitan region and enhancing transit options to improve mobility;

(8) land use policies, practices, and incentives that will make more effective use of public transportation services and facilities as community assets and encourage the siting of businesses, homes, and public facilities near public transportation services and facilities to provide convenient and affordable travel for residents, customers, and employees in the metropolitan region;

(9) policies, practices, and incentives that will better integrate public transportation with other active modes of transportation; and

(10) other goals and objectives that advance the policy of the State to provide adequate, efficient, equitable and coordinated public transportation in the metropolitan region.

(i) The Strategic Plan shall establish the process and criteria by which proposals for capital improvements by the Authority or a transportation agency shall be evaluated by the Authority for inclusion in the Five-Year Capital Program, which shall be in accordance with the prioritization process set forth in Section 5.08, and may include criteria for:

(1) allocating funds among maintenance, enhancement, and expansion improvements;

(2) projects to be funded from the City-Suburban Mobility Innovations Fund;

(3) projects intended to improve or enhance ridership or customer service;

(4) design and location of station or transit improvements intended to promote transfers, increase ridership, and support transit-oriented land development;

(5) assessing the impact of projects on the ability to operate and maintain the existing transit system; and

(6) other criteria that advance the goals and objectives of the Strategic Plan.

(j) The Strategic Plan shall identify innovations to improve the delivery of public transportation and the construction of public transportation facilities, including new vehicle technologies, operational practices, financial arrangements, and other innovations that may benefit the metropolitan region.

(k) The Strategic Plan shall extend on the plans adopted pursuant to Sections 5.09, 5.10, 5.11, and 5.12 and describe the expected financial condition of public transportation in the metropolitan region prospectively over a 10-year period, which may include information about the cash position and all known obligations of the Authority, including operating expenditures, debt service, contributions for payment of pension and other post-employment benefits, the expected revenues from fares, tax receipts, grants from the federal, State, and local governments for operating and capital purposes and issuance of debt, the availability of working capital, and the additional resources, if any, needed to achieve the goals and objectives described in the Strategic Plan. The Strategic Plan shall outline the Authority's plan for dealing with any projected shortfall in financial resources necessary to keep public transportation facilities in a state of good repair and to deliver public transportation services that meet Service Standards adopted pursuant to Section 5.11.

(l) The Executive Director of the Authority shall review the Strategic Plan on an ongoing basis and make recommendations to the Board with respect to any update or amendment of the Strategic Plan.

Section 5.08. Prioritization process for transit capital projects.

(a) The Authority shall develop a transparent prioritization process for metropolitan region transit capital projects to identify projects that will most effectively achieve the goals of the Strategic Plan and improve the quality of public transportation services contemplated by the Service Standards.

(b) The Authority shall use the prioritization process when developing its Five-Year Capital Program pursuant to Section 5.09 and for its other capital planning processes.

(c) The prioritization process must consider, at a minimum:

(1) increasing access to key destinations such as jobs, retail, healthcare, and recreation;

(2) reliability improvement;

(3) capacity needs;

(4) safety:

(5) state of good repair;

(6) racial equity and mobility justice;

(7) environmental protection;

(8) the Service Standards; and

(9) economic development.

(d) All capital funding awards shall be made by the Authority in accordance with the prioritization process. An appropriate public input process shall be established. The Authority shall make a report to the General Assembly each year describing the prioritization process and its use in funding awards.

(e) A summary of the project evaluation process, measures, program, and scores or prioritization criteria for all candidate projects shall be published on the Authority's website in a timely manner.

(f) No project shall be included in the Five-Year Capital Program, or amendments to that Program, without being evaluated under the selection process described in this Section.

Section 5.09. Five-Year Capital Program.

(a) The Authority, after holding a minimum of one public hearing in each of the counties in the metropolitan region, shall each year adopt a Five-Year Capital Program that shall include each capital improvement to be undertaken by the Authority or on behalf of the Authority by a transportation agency.

(b) The Authority shall prepare and publish its preliminary Five-Year Capital Program by October 15 of each year based on any criteria for capital improvements contained in the Strategic Plan, the capital project prioritization process established in Section 5.08, the Service Standards, the transit asset management plans required by 49 CFR 625.25, and other criteria determined by the Authority so long as the improvements are not inconsistent with any subregional or corridor plan adopted by the Authority and can be funded within amounts available with respect to the capital and operating costs of such improvement.

(c) The Authority shall give priority to improvements that are intended to bring public transportation facilities into a state of good repair.

(d) Before adopting a Five-Year Capital Program, the Authority shall consult with the Chicago Metropolitan Agency for Planning regarding the consistency of the Five-Year Capital Program with the Regional Comprehensive Plan adopted pursuant to the Regional Planning Act.

(e) The Authority shall adopt a final Five-Year Capital Program prior to the beginning of the next fiscal year.

Section 5.10. Annual Capital Improvement Plan.

(a) Each year, the Authority shall prepare as part of its Five-Year Capital Program an Annual Capital Improvement Plan, which shall include the following information:

(1) a list of projects for which approval is sought from the Governor, with a description of each project stating at a minimum the project cost, its category, its location, and the entity responsible for its implementation;

(2) a certification by the Authority that the Authority applied for all grants, loans, and other moneys made available by the federal government or the State of Illinois during the preceding federal and State fiscal years for financing its capital development activities;

(3) a certification that, as of September 30 of the preceding calendar year or any later date, the balance of all federal capital grant funds and all other funds to be used as matching funds therefore which were committed to or possessed by the Authority but which had not been obligated was less than $500,000,000, or a greater amount as authorized in writing by the Governor. As used in this paragraph, "obligated" means committed to be paid by the Authority under a contract with a nongovernmental entity in connection with the performance of a project or committed under a force account plan approved by the federal government;

(4) a certification that the Authority has adopted a balanced budget with respect to such calendar year under Section 5.12;

(5) a schedule of all bonds or notes previously issued for Strategic Capital Improvement Projects and all debt service payments to be made with respect to all such bonds and the estimated additional debt service payments through June 30 of the following calendar year expected to result from bonds to be sold prior thereto;

(6) a long-range summary of the Strategic Capital Improvement Program describing the projects to be funded through the Program with respect to project cost, category, location, and implementing entity, and presenting a financial plan, including an estimated time schedule for obligating funds for the performance of approved projects, issuing bonds, expending bond proceeds, and paying debt service throughout the duration of the Program; and

(7) the source of funding for each project in the Plan. For any project for which full funding has not yet been secured and that is not subject to a federal full funding contract, the Authority must identify alternative, dedicated funding sources available to complete the project. The Governor may waive this requirement on a project-by-project basis.

(b) The Authority shall submit the Plan, with respect to any calendar year, to the Governor on or before January 15 of that year or as soon as possible thereafter. Any revision in the projects approved shall require the Governor's approval.

(c) The Authority shall seek approval from the Governor only through the Plan or an amendment to the Plan. The Authority shall not request approval of the Plan from the Governor in any calendar year in which it is unable to make the certifications required under paragraphs (2), (3), and (4) of subsection (a). The Authority may not seek approval of the Plan from the Governor for projects in an aggregate amount exceeding the proceeds of bonds or notes for Strategic Capital Improvement Projects issued under Section 6.05.

(d) The Governor may approve the Plan for which approval is requested. The Governor's approval is limited to the amount of the project cost stated in the Plan. The Governor shall not approve the Plan in a calendar year if the Authority is unable to make the certifications required under paragraphs (2), (3), and (4) of subsection (a). The Governor may not approve the Plan for projects in an aggregate amount exceeding the proceeds of bonds or notes for Strategic Capital Improvement Projects issued under Section 6.05.

(e) With respect to capital improvements, only those capital improvements which are in a Plan approved by the Governor shall be financed with the proceeds of bonds or notes issued for Strategic Capital Improvement Projects.

(f) Before the Authority obligates any funds for a project for which the Authority intends to use the proceeds of bonds or notes for Strategic Capital Improvement Projects, but which project is not included in an approved Plan, the Authority must notify the Governor of the intended obligation. Project costs incurred prior to approval of the Plan, including that project, may not be paid from the proceeds of bonds or notes for Strategic Capital Improvement Projects issued under Section 6.05.

Section 5.11. Service Standards.

(a) The Authority shall adopt Service Standards in conjunction with its Strategic Plan and Five-Year Capital Program.

(b) The Service Standards shall identify quantitative and qualitative attributes of quality public transit service using metrics drawn from the performance of high-quality transit systems in global metropolitan areas with comparable populations and metropolitan economies as the metropolitan region.

(c) The Service Standards shall include a framework that describes the appropriate characteristics for each type of service or mode. These characteristics include, but are not limited to, mode, frequency, time span, vehicle type, stop spacing, vehicle and stop amenities, network connectivity, route directness, route deviation, and coverage of service.

(d) The Service Standards shall include the transition of commuter rail in the metropolitan region to a regional rail service pattern or the retention of commuter rail with additional regional rail service.

(e) The Service Standards shall cover the entire metropolitan region and include the development of transit propensity thresholds for each type of service or mode. Transit propensity metrics shall include, but are not limited to, population density, employment density, low-income populations, disabled populations, zero-car households, intersection density, and the presence of sidewalks. Weights should be developed for each metric and a scoring system developed to determine transit propensity. The production of a transit propensity assessment shall be conducted for any proposed new or modified services and constrained to a service or route estimated catchment area. Final determination of the eligibility of each type of service or mode for an area is subject to qualitative review by the Authority once the propensity assessment is completed, reviewed, and evaluated.

(f) A local government or group of local governments may petition the Authority to increase the level of transit service provided above what would otherwise be provided through the Service Standards. If a local government or group of local governments demonstrates that the local government or group of local governments have created a transit support overlay district under the Transit-Supportive Development Act or have adopted zoning and other changes that the Authority determines has benefits to the transit system greater than or equal to a transit support overlay district, the Authority shall designate a preliminary amendment to the applicable Service Standards for that area commensurate with the expected increase in transit propensity. The Authority shall determine the incremental cost of providing the service and present it to the local government or group of local governments. Upon execution of an agreement for the local government or group of local governments to provide funding for 12 months to the Authority equal to the incremental cost of providing the additional service, the Authority shall finalize the Service Standards amendment, and the Authority shall budget for and provide the increased service. For service to be provided within or substantially within Qualified Census Tracts as identified by the U.S. Department of Housing and Urban Development, the Office of Transit-Oriented Development shall provide a 50% cost share to the Authority for the increased transit service associated with the Service Standards amendment. The Authority may develop plans to assist local governments in identifying corridors where additional service could be provided through the mechanism described in this subsection.

(g) The Service Standards shall be adjusted as appropriate to accommodate the addition of modes of public transportation not currently being provided by the Authority, which may include, but is not limited to: streetcar; light rail; full-scale bus rapid transit; a transition from commuter rail to regional rail or a combination of commuter and regional rail; and electrified versions of current combustion engine vehicle systems.

(h) The Service Standards shall be used to update or otherwise inform the provision of the Authority's Title VI and environmental justice policies.

(i) The Board shall review and make any necessary adjustments to the Service Standards at least once every 5 years in conjunction with its adoption of the Authority's Strategic Plan.

(j) The Authority shall compile and publish reports comparing the actual public transportation system performance measured against the Service Standards. Such performance measures shall include customer-related performance data measured by line, route, or subregion, as determined by the Authority, on at least the following:

(1) travel times and on-time performance;

(2) ridership data;

(3) equipment failure rates;

(4) employee and customer safety;

(5) crowding;

(6) cleanliness of vehicles and stations;

(7) service productivity; and

(8) customer satisfaction.

(k) Transportation agencies that receive funding from the Authority shall prepare and submit to the Authority such reports with regard to these performance measures in the frequency and form required by the Authority. The Authority shall compile and publish such reports on its website on a regular basis, no less than monthly.

(l) The Service Standards and performance measures shall not be used as the basis for disciplinary action against any employee of the Authority, except to the extent the employment and disciplinary practices of the Authority provide for such action.

Section 5.12. Annual Budget and Two-Year Financial Plan.

(a) The Board shall control the finances of the Authority. It shall (i) appropriate money to perform the Authority's purposes and provide for payment of debts and expenses of the Authority and (ii) adopt an Annual Budget and Two-Year Financial Plan for the Authority.

(b) The Annual Budget and Two-Year Financial Plan shall contain a statement of the funds estimated to be on hand for the Authority at the beginning of the fiscal year, the funds estimated to be received from all sources for such year, the estimated expenses and obligations of the Authority for all purposes, including expenses for contributions to be made with respect to pension and other employee benefits, and the funds estimated to be on hand at the end of such year.

(c) The fiscal year of the Authority shall begin on January 1 and end on the succeeding December 31. By July 1 of each year, the Director of the Governor's Office of Management and Budget shall submit to the Authority an estimate of revenues for the next fiscal year of the Authority to be collected from the taxes imposed by the Authority and the amounts to be available in the Public Transportation Fund and the Metropolitan Mobility Authority Occupation and Use Tax Replacement Fund and the amounts otherwise to be appropriated by the State to the Authority for its purposes.

(d) Before the proposed Annual Budget and Two-Year Financial Plan is adopted, the Authority shall hold at least one public hearing on the Annual Budget and Two-Year Financial Plan in the metropolitan region and shall meet with the county board or its designee of each of the several counties in the metropolitan region. After conducting the hearings and holding the meetings and after making changes in the proposed Annual Budget and Two-Year Financial Plan as the Board deems appropriate, the Board shall adopt its annual appropriation and Annual Budget and Two-Year Financial Plan ordinance. The ordinance shall appropriate such sums of money as are deemed necessary to defray all necessary expenses and obligations of the Authority, specifying purposes and the objects or programs for which appropriations are made and the amount appropriated for each object or program. Additional appropriations, transfers between items, and other changes in such ordinance may be made from time to time by the Board.

(e) The Annual Budget and Two-Year Financial Plan shall show a balance between anticipated revenues from all sources and anticipated expenses, including funding of operating deficits or the discharge of encumbrances incurred in prior periods and payment of principal and interest when due, and shall show cash balances sufficient to pay with reasonable promptness all obligations and expenses as incurred.

(f) The Authority shall file a copy of its Annual Budget and Two-Year Financial Plan with the General Assembly and the Governor after its adoption and a statement certifying that it published the data described in subsection (g).

(g) The Authority shall publish a monthly comprehensive set of data regarding transit service and safety. The data included shall include information to track operations, including:

(1) staffing levels, including numbers of budgeted positions, current positions employed, hired staff, attrition, staff in training, and absenteeism rates;

(2) scheduled service and delivered service, including percentage of scheduled service delivered by day, service by mode of transportation, service by route and rail line, total number of revenue miles driven, excess wait times by day, by mode of transportation, by bus route, and by stop; and

(3) safety on the system, including the number of incidents of crime and code of conduct violations on the system, any performance measures used to evaluate the effectiveness of investments in private security, safety equipment, and other security investments in the system. If no performance measures exist to evaluate the effectiveness of these safety investments, the Authority shall develop and publish these performance measures.

(h) The Authority shall regularly solicit input and ideas on publishing data on the service reliability, operations, and safety of the system from the public and groups representing transit riders, workers, and businesses and make appropriate adjustments and additions to the data reported pursuant to subsection (g).

(i) All transportation agencies, comprehensive planning agencies, including the Chicago Metropolitan Agency for Planning and transportation planning agencies in the metropolitan region, shall furnish to the Authority such information pertaining to public transportation or relevant plans therefore as it may from time to time require. The Executive Director, or the Executive Director's designee, shall, for the purpose of securing any such information necessary or appropriate to carry out any of the powers and responsibilities of the Authority under this Act, have access to, and the right to examine, all books, documents, papers, or records of any transportation agency receiving funds from the Authority, and such transportation agency shall comply with any request by the Executive Director, or the Executive Director's designee, within 30 days or an extended time provided by the Executive Director.

Section 5.13. Authority Inspector General.

(a) The Authority and the transportation agencies are subject to the jurisdiction of the Governor's Executive Inspector General.

(b) The Authority may appoint an independent Authority Inspector General to serve as the ethics officer for the Authority and to investigate on its own authority or on the basis of a complaint or referral possible waste, fraud, or abuse involving the Authority or a transportation agency. The Authority Inspector General may conduct performance reviews and audits designed to prevent waste, fraud, or abuse and to improve the operation of the Authority and transportation agencies.

(c) The Board shall provide sufficient staff and resources so the Authority Inspector General can fulfill its functions and responsibilities.

(d) All employees, agents, and contractors of the Authority and the transportation agencies shall cooperate with reviews, audits, and investigations conducted by the Authority Inspector General.

(e) The Authority Inspector General may be appointed for a term of up to 5 years or until a successor is appointed and has qualified. The Board may remove the Authority Inspector General before the expiration of the Inspector General's term only for good cause and with the concurrence of the Governor's Executive Inspector General.

(f) The appointment of an Authority Inspector General shall not in any way limit the powers of the Governor's Executive Inspector General.

Section 5.14. Executive Inspector General.

(a) Moneys may be appropriated from the Public Transportation Fund to the Governor's Office of the Executive Inspector General for the costs incurred by the Executive Inspector General while serving as the inspector general for the Authority.

(b) The Governor's Office of the Executive Inspector General shall annually report to the General Assembly the expenses incurred while serving as the inspector general for the Authority.

(c) All employees, agents, and contractors of the Authority and the transportation agencies shall cooperate with reviews, audits, and investigations conducted by the Governor's Executive Inspector General.

Section 5.15. Performance audits.

(a) The Auditor General shall conduct performance audits of the Authority and transportation agencies at least once every 5 years. The performance audits shall:

(1) focus on the quality and cost-effectiveness of the public transportation system, including comparative assessments against the performance of transit systems in comparable metropolitan regions around the world;

(2) include recommendations for improvements informed by applicable industry best practices and any legislation or other steps that governmental bodies could take to facilitate such improvements; and

(3) assess the efficacy of the public transportation system in providing affordable transportation, connecting residents to jobs, education, and other opportunities, and improving the environment.

(b) The Authority may suggest areas of emphasis for the Auditor General to consider and the Auditor General may, in its discretion, structure the audit and recommendations to help achieve the goal of a well-functioning and efficient regional public transportation system.

(c) The Auditor General and the Authority shall coordinate the timing of performance audits such that the findings will be available to the Authority at the time when it begins preparation of its Strategic Plan and Five-Year Capital Program. The Authority shall reimburse the Auditor General for the costs incurred in conducting the performance audits.

Section 5.16. Audits of transportation agencies. The Authority may conduct management, performance, financial, and infrastructure condition audits of transportation agencies that receive funds from the Authority. Transportation agencies shall cooperate fully with audits conducted pursuant to this Section and act on the findings and recommendations contained in such audits as directed by the Authority. Copies of audits shall be supplied to the Governor and the General Assembly and made available for review by the public subject to any redactions as required or permitted by applicable law.

Section 5.17. Transparency and accountability portal.

(a) As used in this Section:

"CHI-TAP" means the Greater Chicago Mass Transit Transparency and Accountability Portal.

"Contracts" means payment obligations with vendors on file to purchase goods and services exceeding $10,000 in value.

"Recipients" means the Authority or transportation agencies.

(b) The Authority shall maintain a website, known as the Greater Chicago Mass Transit Transparency and Accountability Portal, and shall be tasked with compiling and updating the CHI-TAP database with information received by the Authority.

(c) The CHI-TAP shall provide direct access to each of the following:

(1) A database of all employees of the Authority sorted separately by:

(A) name;

(B) division or department;

(C) employment position title;

(D) county of employment location;

(E) current base salary or hourly rate and year-to-date gross pay;

(F) status of position including, but not limited to, bargained-for positions, at-will positions, or not bargained-for positions;

(G) employment status, including, but not limited to, full-time permanent, full-time temporary, part-time permanent and part-time temporary; and

(H) status as a military veteran.

(2) A database of all current Authority expenditures, sorted by category.

(3) A database of all Authority contracts sorted separately by contractor name, awarding officer or agency, contract value, and goods or services provided.

(4) A database of publicly available accident-related and safety-related information currently required to be reported to the federal Secretary of Transportation under 49 U.S.C. 5335.

(d) The CHI-TAP shall include all information required to be published by subsection (c) in a format the Authority can compile and publish on the CHI-TAP. The Authority shall update the CHI-TAP at least once every 30 days as additional information becomes available.

Section 5.18. Financial statements and annual reports.

(a) Within 6 months after the end of each fiscal year, the Board shall prepare a complete and detailed report of the audit of the Authority and reviewing the state of the Authority and of the public transportation provided by transportation agencies.

(b) The report shall include evaluations of public transportation in the metropolitan region and of the Authority's activities and financial statements of the Authority's revenues and expenditures for such year and of its assets and liabilities. The financial statements must be audited by an independent certified public accountant.

(c) The report shall also set forth the financial results as reported by each transportation agency that, during such year, had a purchase of service or grant agreement with the Authority or that received financial assistance from the Authority. The results shall be set forth separately for each such transportation agency.

(d) The report shall be published on the Authority's website. A sufficient number of copies of each annual report shall be printed for distribution to anyone, upon request, and a copy of the report shall be filed with the Governor, the State Comptroller, the Speaker and Minority Leader of the House of Representatives, the President and Minority Leader of the Senate, the Mayor of the City of Chicago, the President or Chair of the county board of each county in the metropolitan region, and each transportation agency which, during such year, had a purchase of service agreement with the Authority or which received financial grants or other financial assistance from the Authority.

Section 5.19. Opt out.

(a) Notwithstanding any other provision of this Act, if the county board of the County of DuPage, Kane, Lake, McHenry, or Will by ordinance authorizes that such county shall elect to terminate the powers of the Authority in that county, the secretary of that county board shall certify that proposition to the proper election officials, who shall submit such proposition at an election in accordance with the general election law to decide whether that county shall opt out.

(b) The form of the ballot to be used at the referendum shall be substantially as follows:

---------------------------

Shall ..... County terminate the powers of the Metropolitan YES Mobility Authority ---------------------------------

in .... County NO on ..... (date) -------------------------------------------------------------

(c) If a majority of the voters vote in favor of terminating the powers of the Authority, then all of the powers of the Authority shall terminate in that county on the date stated in the referendum, except those powers and functions that the Authority determines to be necessary to exercise with regard to:

(1) public transportation by commuter rail, and related public transportation facilities;

(2) public transportation other than by commuter rail that is required in order to comply with federal or State laws and regulations, and related public transportation facilities; and

(3) public transportation other than by commuter rail provided by the Authority pursuant to contract with the county or other governmental entity within the county, and related public transportation facilities.

(d) The termination of the powers of the Authority referred to in subsection (a) with respect to a county shall occur on approval of the referendum by the electors provided on or prior to the date of such termination specified in the referendum, and, thereafter, the county shall have:

(1) assumed the obligations of the Authority under all laws, federal or State, and all contracts with respect to public transportation or public transportation facilities in the county, which statutory or contractual obligations extend beyond the termination date in the referendum if the obligations shall not be deemed to include any indebtedness of the Authority for borrowed money;

(2) agreed to indemnify and hold harmless the Authority against any and all claims, actions, and liabilities arising out of or in connection with the termination of the Authority's powers and functions pursuant to subsection (a); and

(3) taken or caused to be taken all necessary actions and fulfilled or caused to be fulfilled all requirements under federal and State laws, rules, and regulations with respect to such termination and any related transfers of assets or liabilities of the Authority. A county may, by mutual agreement with the Authority, permit the Authority to fulfill one or more contracts that, by their terms, extend beyond the termination date provided for in the referendum, in which case the powers and functions of the Authority in that county shall survive only to the extent deemed necessary by the Authority to fulfill said contract or contracts. The satisfaction of the requirements provided for in this paragraph shall be evidenced in such manner as the Authority may require.

(e) Following an election to terminate the powers of the Authority at a referendum held under subsection (a), the county board shall notify the Authority of the results of the referendum, including the termination date in the referendum, which shall be the last day of a calendar month. Unless the termination date is extended by mutual agreement between the county and the Authority, the termination of the powers and functions of the Authority in the county shall occur at midnight on the termination date if the requirements of this Section have been met.

(f) The proceeds of taxes imposed by the Authority under Sections 6.02 and 6.03 collected after the termination date within a county in which the powers of the Authority have been terminated under this Section shall be used by the Authority to support commuter rail services attributable to that county, as determined by the Authority. Any proceeds which are in excess of that necessary to support such services shall be paid by the Authority to that county to be expended for public transportation purposes in accordance with law. If no commuter rail services under the jurisdiction of the Authority are provided in a county in which the powers of the Authority have been terminated under this Section, all proceeds of taxes imposed by the Authority in the county shall be paid by the Authority to the county to be expended for public transportation purposes in accordance with law.

Article VI. FINANCES

Section 6.01. Federal, State, and other funds.

(a) The Authority may apply for, receive, and expend grants, loans, or other funds from the State of Illinois or a department or agency thereof, from any unit of local government, or from the federal government or a department or agency thereof for use in connection with any of the powers or purposes of the Authority as set forth in this Act. The Authority shall have power to make such studies as may be necessary and to enter into contracts or agreements with the State of Illinois or any department or agency thereof, with any unit of local government, or with the federal government or a department or agency thereof concerning such grants, loans, or other funds, or any conditions relating thereto, including obligations to repay such funds. The Authority may make such covenants concerning such grants, loans, and funds as it deems proper and necessary in carrying out its responsibilities, purposes, and powers as provided in this Act.

(b) The Authority is designated the primary public body in the metropolitan region with authority to apply for and receive grants, loans, or other funds relating to public transportation programs from the State of Illinois or a department or agency thereof, or from the federal government or a department or agency thereof. A unit of local government or transportation agency may apply for and receive any such federal or state capital grants, loans or other funds. A unit of local government or transportation agency shall notify the Authority and the Chicago Metropolitan Agency for Planning prior to making any such application and shall file a copy of the application with the Authority and Agency. Nothing in this Section shall be construed to impose any limitation on the ability of the State of Illinois or a department or agency thereof, a unit of local government or transportation agency to make a grant or to enter into an agreement or contract with the National Rail Passenger Corporation. Nor shall anything in this Section impose any limitation on the ability of any school district to apply for or receive a grant, loan, or other funds for transportation of school children.

Section 6.02. Taxes.

(a) In order to carry out any of the powers or purposes of the Authority, the Board may, by ordinance adopted by the then Directors, impose throughout the metropolitan region any or all of the taxes provided in this Section. Except as otherwise provided in this Act, taxes imposed under this Section and civil penalties imposed incident thereto shall be collected and enforced by the Department of Revenue. The Department may administer and enforce the taxes and to determine all rights for refunds for erroneous payments of the taxes.

(b) The Board may impose a public transportation tax upon all persons engaged in the metropolitan region in the business of selling retail motor fuel for operation of motor vehicles upon public highways. The tax shall be at a rate not to exceed 5% of the gross receipts from the sales of motor fuel in the course of the business. The Board may provide details of the tax. The provisions of any tax shall conform, as closely as may be practicable, to the provisions of the Non-Home Rule Municipal Retailers' Occupation Tax Act, including, without limitation, conformity to penalties with respect to the tax imposed and as to the powers of the Department of Revenue to adopt and enforcing rules and regulations relating to the administration and enforcement of the provisions of the tax imposed, except that reference in that Act to any municipality shall refer to the Authority and the tax shall be imposed only with regard to receipts from sales of motor fuel in the metropolitan region, at rates as limited by this Section.

(c) In connection with the tax imposed under subsection (b), the Board may impose a tax upon the privilege of using in the metropolitan region motor fuel for the operation of a motor vehicle upon public highways at a rate not in excess of the rate of tax imposed under subsection (b). The Board may provide details of the tax.

(d) The Board may impose a motor vehicle parking tax upon the privilege of parking motor vehicles at off-street parking facilities in the metropolitan region at which a fee is charged, may provide for reasonable classifications in and exemptions to the tax for administration and enforcement thereof and for civil penalties and refunds thereunder, and may provide criminal penalties thereunder, the maximum penalties not to exceed the maximum criminal penalties provided in the Retailers' Occupation Tax Act. The Authority may collect and enforce the tax itself or by contract with any unit of local government. The Department of Revenue shall have no responsibility for the collection and enforcement unless the Department agrees with the Authority to undertake the collection and enforcement. As used in this subsection, "parking facility" means a parking area or structure having parking spaces for more than 2 vehicles at which motor vehicles are permitted to park in return for an hourly, daily, or other periodic fee, whether publicly or privately owned, but does not include parking spaces on a public street, the use of which is regulated by parking meters.

(e) The Board may impose a Metropolitan Mobility Authority Retailers' Occupation Tax upon all persons engaged in the business of selling tangible personal property at retail in the metropolitan region. In Cook County, the tax rate shall be 1.25% of the gross receipts from sales of tangible personal property taxed at the 1% rate under the Retailers' Occupation Tax Act and 1% of the gross receipts from other taxable sales made in the course of that business. In DuPage, Kane, Lake, McHenry, and Will counties, the tax rate shall be 0.75% of the gross receipts from all taxable sales made in the course of that business. However, the rate of tax imposed in DuPage, Kane, Lake, McHenry, and Will counties under this Section on sales of aviation fuel shall be 0.25% unless the Authority in DuPage, Kane, Lake, McHenry, and Will counties has an airport-related purpose and the additional 0.50% of the 0.75% tax on aviation fuel is expended for airport-related purposes. If there is no airport-related purpose to which aviation fuel tax revenue is dedicated, then aviation fuel is excluded from the additional 0.50% of the 0.75% tax. The tax imposed under this Section and all civil penalties that may be assessed as an incident thereof shall be collected and enforced by the Department of Revenue. The Department has full power to administer and enforce this Section; to collect all taxes and penalties so collected in the manner provided in this Section; and to determine all rights to credit memoranda arising on account of the erroneous payment of tax or penalty under this Section. In the administration of and compliance with this Section, the Department and persons who are subject to this Section shall have the same rights, remedies, privileges, immunities, powers, and duties, and be subject to the same conditions, restrictions, limitations, penalties, exclusions, exemptions, and definitions of terms, and employ the same modes of procedure, as are prescribed in Sections 1, 1a, 1a-1, 1c, 1d, 1e, 1f, 1i, 1j, 2 through 2-65 (in respect to all provisions therein other than the State rate of tax), 2c, 3 (except as to the disposition of taxes and penalties collected, and except that the retailer's discount is not allowed for taxes paid on aviation fuel that are subject to the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 6d, 7, 8, 9, 10, 11, 12, and 13 of the Retailers' Occupation Tax Act and Section 3-7 of the Uniform Penalty and Interest Act, as fully as if those provisions were set forth in this Section.

(f) The Board and DuPage, Kane, Lake, McHenry, and Will counties must comply with the certification requirements for airport-related purposes under Section 2-22 of the Retailers' Occupation Tax Act. This exclusion for aviation fuel only applies for so long as the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the Authority.

(g) Persons subject to any tax imposed under the authority granted in this Section may reimburse themselves for their seller's tax liability hereunder by separately stating the tax as an additional charge, which charge may be stated in combination in a single amount with State taxes that sellers are required to collect under the Use Tax Act, under any bracket schedules the Department may prescribe.

(h) Whenever the Department determines that a refund should be made under this Section to a claimant instead of issuing a credit memorandum, the Department shall notify the State Comptroller, who shall cause the warrant to be drawn for the amount specified, and to the person named, in the notification from the Department. The State Treasurer shall pay the refund out of the Metropolitan Mobility Authority Occupation and Use Tax Replacement Fund or the Local Government Aviation Trust Fund, as appropriate.

(i) If a tax is imposed under subsection (e), a tax shall also be imposed under subsections (m) and (r).

(j) For the purpose of determining whether a tax authorized under this Section is applicable, a retail sale by a producer of coal or other mineral mined in Illinois is a sale at retail at the place where the coal or other mineral mined in Illinois is extracted from the earth. This subsection does not apply to coal or other minerals when it is delivered or shipped by the seller to the purchaser at a point outside Illinois so that the sale is exempt under the United States Constitution as a sale in interstate or foreign commerce.

(k) A tax may not be imposed or collected under this Section on the sale of a motor vehicle in this State to a resident of another state if that motor vehicle will not be titled in this State.

(l) Nothing in this Section shall be construed to authorize the Authority to impose a tax upon the privilege of engaging in any business that under the United States Constitution may not be made the subject of taxation by this State.

(m) If a tax has been imposed under subsection (e), a Metropolitan Mobility Authority Service Occupation Tax shall also be imposed upon all persons engaged in the metropolitan region in the business of making sales of service who, as an incident to making the sales of service, transfer tangible personal property within the metropolitan region, either in the form of tangible personal property or in the form of real estate as an incident to a sale of service. In Cook County, the tax rate shall be: (1) 1.25% of the serviceman's cost price of food prepared for immediate consumption and transferred incident to a sale of service subject to the service occupation tax by an entity licensed under the Hospital Licensing Act, the Nursing Home Care Act, the Specialized Mental Health Rehabilitation Act of 2013, the ID/DD Community Care Act, or the MC/DD Act that is located in the metropolitan region; (2) 1.25% of the selling price of tangible personal property taxed at the 1% rate under the Service Occupation Tax Act; and (3) 1% of the selling price from other taxable sales of tangible personal property transferred. In DuPage, Kane, Lake, McHenry, and Will counties, the rate shall be 0.75% of the selling price of all tangible personal property transferred. However, the rate of tax imposed in DuPage, Kane, Lake, McHenry, and Will counties under this Section on sales of aviation fuel shall be 0.25% unless the Authority in DuPage, Kane, Lake, McHenry, and Will counties has an airport-related purpose and the additional 0.50% of the 0.75% tax on aviation fuel is expended for airport-related purposes. If there is no airport-related purpose to which aviation fuel tax revenue is dedicated, then aviation fuel is excluded from the additional 0.5% of the 0.75% tax.

(n) The tax imposed under subsection (e) and all civil penalties that may be assessed as an incident thereof shall be collected and enforced by the Department of Revenue. The Department has full power to administer and enforce this subsection; to collect all taxes and penalties due hereunder; to dispose of taxes and penalties collected in the manner hereinafter provided; and to determine all rights to credit memoranda arising on account of the erroneous payment of tax or penalty hereunder. In the administration of and compliance with this subsection, the Department and persons who are subject to this subsection shall have the same rights, remedies, privileges, immunities, powers, and duties, and be subject to the same conditions, restrictions, limitations, penalties, exclusions, exemptions, and definitions of terms, and employ the same modes of procedure, as are prescribed in Sections 1a-1, 2, 2a, 3 through 3-50 (in respect to all provisions therein other than the State rate of tax), 4 (except that the reference to the State shall be to the Authority), 5, 7, 8 (except that the jurisdiction to which the tax shall be a debt to the extent indicated in that Section 8 shall be the Authority), 9 (except as to the disposition of taxes and penalties collected, and except that the returned merchandise credit for this tax may not be taken against any State tax, and except that the retailer's discount is not allowed for taxes paid on aviation fuel that are subject to the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133), 10, 11, 12 (except the reference therein to Section 2b of the Retailers' Occupation Tax Act), 13 (except that any reference to the State means the Authority), the first paragraph of Section 15, 16, 17, 18, 19, and 20 of the Service Occupation Tax Act and Section 3-7 of the Uniform Penalty and Interest Act, as fully as if those provisions were set forth in this Section.

(o) Persons subject to any tax imposed under this Section may reimburse themselves for their serviceman's tax liability hereunder by separately stating the tax as an additional charge, that charge may be stated in combination in a single amount with State tax that servicemen are authorized to collect under the Service Use Tax Act, under any bracket schedules the Department may prescribe.

(p) Whenever the Department determines that a refund should be made under this subsection to a claimant instead of issuing a credit memorandum, the Department shall notify the State Comptroller, who shall cause the warrant to be drawn for the amount specified, and to the person named in the notification from the Department. The State Treasurer shall pay the refund out of the Metropolitan Mobility Authority Occupation and Use Tax Replacement Fund established under subsection (cc) or the Local Government Aviation Trust Fund, as appropriate.

(q) Nothing in this Section shall be construed to authorize the Authority to impose a tax upon the privilege of engaging in any business that under the Constitution of the United States may not be made the subject of taxation by the State.

(r) If a tax has been imposed under subsection (e), a tax shall also be imposed upon the privilege of using in the metropolitan region, any item of tangible personal property that is purchased outside the metropolitan region at retail from a retailer, and that is titled or registered with an agency of this State's government. In Cook County, the tax rate shall be 1% of the selling price of the tangible personal property, as "selling price" is defined in the Use Tax Act. In DuPage, Kane, Lake, McHenry, and Will counties, the tax rate shall be 0.75% of the selling price of the tangible personal property, as "selling price" is defined in the Use Tax Act. The tax shall be collected from persons whose Illinois address for titling or registration purposes is given as being in the metropolitan region. The tax shall be collected by the Department of Revenue for the Authority. The tax must be paid to the State, or an exemption determination must be obtained from the Department of Revenue before the title or certificate of registration for the property may be issued. The tax or proof of exemption may be transmitted to the Department by way of the State agency with which, or the State officer with whom, the tangible personal property must be titled or registered if the Department and the State agency or State officer determine that this procedure will expedite the processing of applications for title or registration.

(s) The Department has full power to administer and enforce this subsection; to collect all taxes, penalties, and interest due hereunder; to dispose of taxes, penalties, and interest collected in the manner hereinafter provided; and to determine all rights to credit memoranda or refunds arising on account of the erroneous payment of tax, penalty, or interest hereunder. In the administration of and compliance with this subsection, the Department and persons who are subject to this subsection shall have the same rights, remedies, privileges, immunities, powers, and duties, and be subject to the same conditions, restrictions, limitations, penalties, exclusions, exemptions, and definitions of terms and employ the same modes of procedure, as are prescribed in Sections 2 (except the definition of "retailer maintaining a place of business in this State"), 3 through 3-80 (except provisions pertaining to the State rate of tax, and except provisions concerning collection or refunding of the tax by retailers), 4, 11, 12, 12a, 14, 15, 19 (except the portions pertaining to claims by retailers and except the last paragraph concerning refunds), 20, 21, and 22 of the Use Tax Act, and are not inconsistent with this subsection, as fully as if those provisions were set forth herein.

(t) The Authority may impose a replacement vehicle tax of $50 on any passenger car, as defined in Section 1-157 of the Illinois Vehicle Code, purchased within the metropolitan region by or on behalf of an insurance company to replace a passenger car of an insured person in settlement of a total loss claim. The tax imposed may not become effective before the first day of the month following the passage of the ordinance imposing the tax and receipt of a certified copy of the ordinance by the Department of Revenue. The Department of Revenue shall collect the tax for the Authority in accordance with Sections 3-2002 and 3-2003 of the Illinois Vehicle Code.

(u) The Department shall immediately pay over to the State Treasurer, ex officio, as trustee, all taxes collected under this Section.

(v) As soon as possible after the first day of each month, upon certification of the Department of Revenue, the Comptroller shall order transferred, and the Treasurer shall transfer, to the STAR Bonds Revenue Fund the local sales tax increment, as defined in the Innovation Development and Economy Act, collected under this Section during the second preceding calendar month for sales within a STAR bond district.

(w) After the monthly transfer to the STAR Bonds Revenue Fund, on or before the 25th day of each calendar month, the Department shall prepare and certify to the Comptroller the disbursement of stated sums of money to the Authority. The amount to be paid to the Authority shall be the amount collected under this Section during the second preceding calendar month by the Department, less any amount determined by the Department to be necessary for the payment of refunds, and less any amounts that are transferred to the STAR Bonds Revenue Fund. Within 10 days after receipt by the Comptroller of the disbursement certification to the Authority provided for in this Section to be given to the Comptroller by the Department, the Comptroller shall cause the orders to be drawn for that amount in accordance with the directions contained in the certification.

(x) The Board may not impose any other taxes except as it may from time to time be authorized by law to impose.

(y) A certificate of registration issued by the State Department of Revenue to a retailer under the Retailers' Occupation Tax Act or under the Service Occupation Tax Act shall permit the registrant to engage in a business that is taxed under the tax imposed under subsection (b), (e), (bb), or (r) and no additional registration shall be required under the tax. A certificate issued under the Use Tax Act or the Service Use Tax Act shall be applicable with regard to any tax imposed under subsection (c).

(z) The provisions of any tax imposed under subsection (c) shall conform as closely as may be practicable to the provisions of the Use Tax Act, including, without limitation, conformity as to penalties with respect to the tax imposed and as to the powers of the Department of Revenue to adopt and enforce rules and regulations relating to the administration and enforcement of the provisions of the tax imposed. The taxes shall be imposed only on use within the metropolitan region and at rates as provided in subsection (b).

(aa) The Board, in imposing any tax as provided in subsections (b) and (c), shall, after seeking the advice of the Department of Revenue, provide means for retailers, users, or purchasers of motor fuel for purposes other than those with regard to which the taxes may be imposed as provided in those subsections to receive refunds of taxes improperly paid, which provisions may be at variance with the refund provisions as applicable under the Non-Home Rule Municipal Retailers' Occupation Tax Act. The State Department of Revenue may provide for certificates of registration for users or purchasers of motor fuel for purposes other than those with regard to which taxes may be imposed as provided in subsections (b) and (c) to facilitate the reporting and nontaxability of the exempt sales or uses.

(bb) An ordinance or resolution imposing, increasing, decreasing, or discontinuing the tax under this Section shall be adopted and a certified copy of the ordinance filed with the Department, whereupon the Department shall proceed to administer and enforce this Section as of the first day of the first month to occur not less than 60 days following such adoption and filing.

(cc) Except as otherwise provided in this subsection, the Department of Revenue shall, upon collecting any taxes as provided in this Section, pay the taxes to the State Treasurer as trustee for the Authority. The taxes shall be held in the Metropolitan Mobility Authority Occupation and Use Tax Replacement Fund, a trust fund outside the State treasury. If an airport-related purpose has been certified, taxes and penalties collected in DuPage, Kane, Lake, McHenry, and Will counties on aviation fuel sold from the 0.50% of the 0.75% rate shall be immediately paid over by the Department to the State Treasurer, ex officio, as trustee, for deposit into the Local Government Aviation Trust Fund. The Department shall only pay moneys into the Local Government Aviation Trust Fund under this Act for so long as the revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the Authority. On or before the 25th day of each calendar month, the State Department of Revenue shall prepare and certify to the Comptroller of the State of Illinois and to the Authority (i) the amount of taxes collected in each county other than Cook County in the metropolitan region, (not including, if an airport-related purpose has been certified, the taxes and penalties collected from the 0.50% of the 0.75% rate on aviation fuel that are deposited into the Local Government Aviation Trust Fund) (ii) the amount of taxes collected within the City of Chicago, and (iii) the amount collected in that portion of Cook County outside Chicago, each amount less the amount necessary for the payment of refunds to taxpayers located in those areas described in items (i), (ii), and (iii), and less 1.5% of the remainder, which shall be transferred from the trust fund into the Tax Compliance and Administration Fund. The Department, at the time of each monthly disbursement to the Authority, shall prepare and certify to the State Comptroller the amount to be transferred into the Tax Compliance and Administration Fund under this subsection. Within 10 days after receipt by the Comptroller of the certification of the amounts, the Comptroller shall cause an order to be drawn for the transfer of the amount certified into the Tax Compliance and Administration Fund and the payment of two-thirds of the amounts certified in item (i) of this subsection to the Authority and one-third of the amounts certified in item (i) of this subsection to the respective counties other than Cook County and the amount certified in items (ii) and (iii) of this subsection to the Authority.

(dd) In addition to the disbursement required by subsection (cc), an allocation shall be made in each year to the Authority. The allocation shall be made in an amount equal to the average monthly distribution during the preceding calendar year (excluding the 2 months of lowest receipts) and the allocation shall include the amount of average monthly distribution from the Metropolitan Mobility Authority Occupation and Use Tax Replacement Fund. The distribution made in each year under this subsection and in subsection (cc) shall be reduced by the amount allocated and disbursed under this subsection in the preceding calendar year. The Department of Revenue shall prepare and certify to the Comptroller for disbursement the allocations made in accordance with this subsection.

(ee) The Authority's failure to adopt a budget ordinance or adopt a Five-year Capital Program shall not affect the validity of any tax imposed by the Authority otherwise in conformity with law.

(ff) A public transportation tax or motor vehicle parking tax authorized under subsections (b), (c), and (d) may not be in effect at the same time as any retailers' occupation, use, or service occupation tax authorized under subsections (e), (m), and (r) is in effect.

(gg) Any taxes imposed under the authority provided in subsections (b), (c), and (d) shall remain in effect only until the time as any tax authorized by subsections (e), (m), and (r) are imposed and becomes effective. Once any tax authorized by subsections (e), (m), and (r) is imposed the Board may not reimpose taxes as authorized in subsections (b), (c), and (d) unless any tax authorized by subsections (e), (m), and (r) becomes ineffective by means other than an ordinance of the Board.

(hh) Any existing rights, remedies, and obligations, including enforcement by the Authority, arising under any tax imposed under subsections (b), (c), and (d) shall not be affected by the imposition of a tax under subsections (e), (m), and (r).

(ii) As used in this Section:

"Airport-related purposes" has the meaning given to that term in Section 6z-20.2 of the State Finance Act.

"Motor fuel" has the meaning given to that term in Section 1.1 of the Motor Fuel Tax Law.

Section 6.03. Gross receipts tax-automobile rental.

(a) The Board may impose a tax upon all persons engaged in the business of renting automobiles in the metropolitan region at the rate of not to exceed 1% of the gross receipts from such business within Cook County and not to exceed 0.25% of the gross receipts from such business within the counties of DuPage, Kane, Lake, McHenry, and Will. The tax imposed pursuant to this subsection and all civil penalties that may be assessed as an incident thereof shall be collected and enforced by the Department of Revenue. The certificate of registration which is issued by the Department to a retailer under the Retailers' Occupation Tax Act or under the Automobile Renting Occupation and Use Tax Act shall permit such person to engage in a business which is taxable under any ordinance or resolution enacted pursuant to this subsection without registering separately with the Department under such ordinance or resolution or under this subsection. The Department has full power to administer and enforce this subsection; to collect all taxes and penalties due under this subsection; to dispose of taxes and penalties so collected in the manner provided in this subsection, and to determine all rights to credit memoranda, arising on account of the erroneous payment of tax or penalty under this subsection. In the administration of, and compliance with, this subsection, the Department and persons who are subject to this subsection have the same rights, remedies, privileges, immunities, powers, and duties, and are subject to the same conditions, restrictions, limitations, penalties, and definitions of terms, and employ the same modes of procedure, as are prescribed in Sections 2 and 3 (in respect to all provisions therein other than the State rate of tax; and with relation to the provisions of the Retailers' Occupation Tax referred to therein, except as to the disposition of taxes and penalties collected, and except for the provision allowing retailers a deduction from the tax cover certain costs, and except that credit memoranda issued hereunder may not be used to discharge any State tax liability) of the Automobile Renting Occupation and Use Tax Act as fully as if provisions contained in those Sections of said Act were set forth in this subsection. Persons subject to any tax imposed pursuant to the authority granted in this paragraph may reimburse themselves for their tax liability under this subsection by separately stating such tax as an additional charge, which charge may be stated in combination, in a single amount, with State tax which sellers are required to collect under the Automobile Renting Occupation and Use Tax Act pursuant to such bracket schedules as the Department may prescribe. Nothing in this subsection shall be construed to authorize the Authority to impose a tax upon the privilege of engaging in any business which under the United States Constitution may not be made the subject of taxation by this State.

(b) The Board may impose a tax upon the privilege of using, in the metropolitan region, an automobile which is rented from a renter outside Illinois, and that is titled or registered with an agency of this State's government, at a rate not to exceed 1% of the rental price of such automobile within Cook County, and not to exceed 0.25% of the rental price within the counties of DuPage, Kane, Lake, McHenry, and Will. Such tax shall be collected from persons whose Illinois address for titling or registration purposes is given as being in the metropolitan region. Such tax shall be collected by the Department of Revenue for the Authority. Such tax must be paid to the State, or an exemption determination must be obtained from the Department of Revenue before the title or certificate of registration for the property may be issued. The tax or proof of exemption may be transmitted to the Department by way of the State agency with which, or State officer with whom the tangible personal property must be titled or registered if the Department and such agency or State officer determine that this procedure will expedite the processing of applications for title or registration. The Department has full power to administer and enforce this subsection; to collect all taxes, penalties and interest due under this subsection; to dispose of taxes, penalties, and interest so collected in the manner provided in this subsection, and to determine all rights to credit memoranda or refunds arising on account of the erroneous payment of tax, penalty, or interest under this subsection. In the administration of, and compliance with, this subsection, the Department and persons who are subject to this paragraph have the same rights, remedies, privileges, immunities, powers, and duties, and are subject to the same conditions, restrictions, limitations, penalties, and definitions of terms, and employ the same modes of procedure, as are prescribed in Sections 2 and 4 (except provisions pertaining to the State rate of tax; and with relation to the provisions of the Use Tax Act referred to therein, except provisions concerning collection or refunding of the tax by retailers, and except the provisions of Section 19 pertaining to claims by retailers and except the last paragraph concerning refunds, and except that credit memoranda issued hereunder may not be used to discharge any State tax liability) of the Automobile Renting Occupation and Use Tax Act which are not inconsistent with this subsection, as fully as if provisions contained in those Sections of said Act were set forth in this subsection.

(c) Whenever the Department determines that a refund should be made under this Section to a claimant instead of issuing a credit memorandum, the Department shall notify the State Comptroller, who shall cause the order to be drawn for the amount specified, and to the person named, in such notification from the Department. Such refund shall be paid by the State Treasurer out of the Metropolitan Mobility Authority Occupation and Use Tax Replacement Fund created under Section 6.02.

(d) The Department shall forthwith pay over to the State Treasurer, ex officio, as trustee, all taxes, penalties and interest collected under this Section. On or before the 25th day of each calendar month, the Department shall prepare and certify to the State Comptroller the amount to be paid to the Authority. The State Department of Revenue shall also certify to the Authority the amount of taxes collected in each county other than Cook County in the metropolitan region less the amount necessary for the payment of refunds to taxpayers in such county. With regard to Cook County, the certification shall specify the amount of taxes collected within the City of Chicago less the amount necessary for the payment of refunds to taxpayers in the City of Chicago and the amount collected in that portion of Cook County outside the City of Chicago less the amount necessary for the payment of refunds to taxpayers in that portion of Cook County outside the City of Chicago. The amount to be paid to the Authority shall be the amount, not including credit memoranda, collected under this Section during the second preceding calendar month by the Department, and not including an amount equal to the amount of refunds made during the second preceding calendar month by the Department on behalf of the Authority. Within 10 days after receipt by the State Comptroller of the disbursement certification to the Authority, the State Comptroller shall cause the orders to be drawn in accordance with the directions contained in such certification.

(e) An ordinance imposing a tax under this Section or effecting a change in the rate of the tax shall be effective on the first day of the calendar month next following the month in which such ordinance is passed. The Board shall transmit to the Department of Revenue on or not later than 5 days after passage of the ordinance a certified copy of the ordinance imposing such tax whereupon the Department of Revenue shall proceed to administer and enforce this Section on behalf of the Authority as of the effective date of the ordinance. Upon a change in rate of a tax levied hereunder, or upon the discontinuance of the tax, the Board shall, on or not later than 5 days after passage of the ordinance discontinuing the tax or effecting a change in rate, transmit to the Department of Revenue a certified copy of the ordinance effecting such change or discontinuance.

Section 6.04. Distribution of revenues.

(a) This Section applies only after the Department begins administering and enforcing an increased tax under subsection (bb) of Section 6.02 as authorized by this Act. After providing for payment of its obligations with respect to bonds and notes issued under the provisions of Section 6.05 and obligations related to those bonds and notes and separately accounting for the tax on aviation fuel deposited into the Local Government Aviation Trust Fund, the Authority shall disburse the remaining proceeds from taxes it has received from the Department of Revenue under this Article VI and the remaining proceeds it has received from the State under subsection (a) of Section 6.08 among the Authority programs.

(b) The Authority shall allocate among the Authority programs money received by the Authority on account of transfers to the Metropolitan Mobility Authority Occupation and Use Tax Replacement Fund from the State and Local Sales Tax Reform Fund.

(c) The Authority shall allocate money received from the State under subsection (a) of Section 6.08 among the Authority programs.

(d) The Authority shall allocate funds provided by the State of Illinois under subsection (cc) of Section 6.02 among the Authority programs.

(e) With respect to those taxes collected in DuPage, Kane, Lake, McHenry, and Will counties and paid directly to the counties under Section 6.02, the county board of each county shall use those amounts to fund operating and capital costs of public safety and public transportation services or facilities or to fund operating, capital, right-of-way, construction, and maintenance costs of other transportation purposes, including road, bridge, public safety, and transit purposes intended to improve mobility or reduce congestion in the county. The receipt of funding by such counties pursuant to this subsection may not be used as the basis for reducing any funds that such counties would otherwise have received from the State of Illinois, any agency or instrumentality thereof, the Authority, or the Operating Divisions.

Section 6.05. Issuance and pledge of bonds and notes.

(a) The Authority may borrow money and to issue its negotiable bonds or notes as provided in this Section. Unless otherwise indicated in this Section, the term "notes" also includes bond anticipation notes, which are notes which by their terms provide for their payment from the proceeds of bonds thereafter to be issued.

(b) Bonds or notes of the Authority may be issued for any or all of the following purposes:

(1) to pay costs to the Authority of constructing or acquiring any public transportation facilities, including funds and rights relating thereto;

(2) to repay advances to the Authority made for such purposes; and to pay other expenses of the Authority incident to or incurred in connection with such construction or acquisition;

(3) to provide funds for any transportation agency to pay principal of or interest or redemption premium on any bonds or notes, whether as such amounts become due or by earlier redemption, issued prior to the effective date of this Act by such transportation agency to construct or acquire public transportation facilities or to provide funds to purchase such bonds or notes;

(4) to provide funds for any transportation agency to construct or acquire any public transportation facilities, to repay advances made for such purposes, and to pay other expenses incident to or incurred in connection with such construction or acquisition; and

(5) to provide funds for payment of obligations, including the funding of reserves, under any self-insurance plan or joint self-insurance pool or entity.

(c) In addition to any other borrowing as may be authorized by this Section, the Authority may issue its notes, from time to time, in anticipation of tax receipts of the Authority or of other revenues or receipts of the Authority, in order to provide money for the Authority to cover any cash flow deficit which the Authority anticipates incurring. Any such notes are referred to in this Section as "working cash notes".

(d) Working cash notes may not be issued for a term of longer than 24 months.

(e) Proceeds of working cash notes may be used to pay day-to-day operating expenses of the Authority, consisting of wages, salaries, and fringe benefits, professional and technical services, including legal, audit, engineering, and other consulting services, office rental, furniture, fixtures and equipment, insurance premiums, claims for self-insured amounts under insurance policies, public utility obligations for telephone, light, heat, and similar items, travel expenses, office supplies, postage, dues, subscriptions, public hearings and information expenses, fuel purchases, and payments of grants and payments under purchase of service agreements for operations of transportation agencies, prior to the receipt by the Authority from time to time of funds for paying such expenses.

(f) The Authority may issue notes or bonds to pay, refund, or redeem any of its notes and bonds, including to pay redemption premiums or accrued interest on such bonds or notes being renewed, paid or refunded, and other costs in connection therewith.

(g) The Authority may use the proceeds of any bonds or notes issued under this Section to pay the legal, financial, administrative, and other expenses of such authorization, issuance, sale, or delivery of bonds or notes or to provide or increase a debt service reserve fund with respect to any or all of its bonds or notes.

(h) The Authority may issue and deliver its bonds or notes in exchange for any public transportation facilities, including funds and rights relating thereto, or in exchange for outstanding bonds or notes of the Authority, including any accrued interest or redemption premium thereon, without advertising or submitting such notes or bonds for public bidding.

(i) The ordinance providing for the issuance of any bonds or notes issued under this Section shall fix the date or dates of maturity, the dates on which interest is payable, any sinking fund account or reserve fund account provisions, and all other details of such bonds or notes and may provide for such covenants or agreements necessary or desirable with regard to the issue, sale and security of such bonds or notes. The rate or rates of interest on its bonds or notes may be fixed or variable and the Authority shall determine or provide for the determination of the rate or rates of interest of its bonds or notes issued under this Act in an ordinance adopted by the Authority prior to the issuance thereof, none of which rates of interest shall exceed that permitted in the Bond Authorization Act. Interest may be payable at such times as are provided for by the Board.

(j) Bonds and notes issued under this Section may be issued as serial or term obligations, shall be of such denomination or denominations and form, including interest coupons to be attached thereto, be executed in such manner, shall be payable at such place or places and bear such date as the Authority shall fix by the ordinance authorizing such bond or note and shall mature at such time or times, within a period not to exceed 40 years from the date of issue, and may be redeemable prior to maturity with or without premium, at the option of the Authority, upon such terms and conditions as the Authority shall fix by the ordinance authorizing the issuance of such bonds or notes.

(k) A bond anticipation note or any renewal thereof may not mature at any time or times exceeding 5 years from the date of the first issuance of such note.

(l) The Authority may provide for the registration of bonds or notes in the name of the owner as to the principal alone or as to both principal and interest, upon such terms and conditions as the Authority may determine.

(m) The ordinance authorizing bonds or notes may provide for the exchange of such bonds or notes which are fully registered, as to both principal and interest, with bonds or notes which are registrable as to principal only.

(n) All bonds or notes issued under this Section by the Authority other than those issued in exchange for property or for bonds or notes of the Authority shall be sold at a price which may be at a premium or discount but such that the interest cost, excluding any redemption premium, to the Authority of the proceeds of an issue of such bonds or notes, computed to stated maturity according to standard tables of bond values, shall not exceed that permitted in the Bond Authorization Act.

(o) The Authority shall notify the Governor's Office of Management and Budget and the State Comptroller at least 30 days before any bond sale and shall file with the Governor's Office of Management and Budget and the State Comptroller a certified copy of any ordinance authorizing the issuance of bonds at or before the issuance of the bonds.

(p) Any such bonds or notes of the Authority shall be sold to the highest and best bidder on sealed bids as the Authority shall deem. As such bonds or notes are to be sold the Authority shall advertise for proposals to purchase the bonds or notes which advertisement shall be published at least once in a daily newspaper of general circulation published in the metropolitan region at least 10 days before the time set for the submission of bids. The Authority shall have the right to reject any or all bids.

(q) Notwithstanding any other provisions of this Section, working cash notes or bonds or notes to provide funds for self-insurance or a joint self-insurance pool or entity may be sold either upon competitive bidding or by negotiated sale, without any requirement of publication of intention to negotiate the sale of such Notes, as the Board shall determine by ordinance.

(r) In case any officer whose signature appears on any bonds, notes, or coupons authorized pursuant to this Section shall cease to be such officer before delivery of such bonds or notes, such signature shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until such delivery. Neither the Directors of the Authority nor any person executing any bonds or notes thereof shall be liable personally on any such bonds or notes or coupons by reason of the issuance thereof.

(s) All bonds or notes of the Authority issued pursuant to this Section shall be general obligations of the Authority to which shall be pledged the full faith and credit of the Authority, as provided in this Section. Such bonds or notes shall be secured as provided in the authorizing ordinance, which may, notwithstanding any other provision of this Act, include in addition to any other security, a specific pledge or assignment of and lien on or security interest in any or all tax receipts of the Authority and on any or all other revenues or moneys of the Authority from whatever source, which may, by law, be used for debt service purposes and a specific pledge or assignment of and lien on or security interest in any funds or accounts established or provided for by the ordinance of the Authority authorizing the issuance of such bonds or notes. Any such pledge, assignment, lien, or security interest for the benefit of holders of bonds or notes of the Authority shall be valid and binding from the time the bonds or notes are issued without any physical delivery or further act and shall be valid and binding as against and prior to the claims of all other parties having claims of any kind against the Authority or any other person irrespective of whether such other parties have notice of such pledge, assignment, lien, or security interest. The obligations of the Authority incurred pursuant to this Section are superior to and have priority over any other obligations of the Authority.

(t) The Authority may provide in the ordinance authorizing the issuance of any bonds or notes issued pursuant to this Section for the creation of, deposits in, and regulation and disposition of sinking fund or reserve accounts relating to such bonds or notes. The ordinance authorizing the issuance of any bonds or notes pursuant to this Section may contain provisions as part of the contract with the holders of the bonds or notes, for the creation of a separate fund to provide for the payment of principal and interest on such bonds or notes and for the deposit in such fund from any or all the tax receipts of the Authority and from any or all such other moneys or revenues of the Authority from whatever source which may by law be used for debt service purposes, all as provided in such ordinance, of amounts to meet the debt service requirements on such bonds or notes, including principal and interest, and any sinking fund or reserve fund account requirements as may be provided by such ordinance, and all expenses incident to or in connection with such fund and accounts or the payment of such bonds or notes. Such ordinance may also provide limitations on the issuance of additional bonds or notes of the Authority. Such bonds or notes of the Authority do not constitute a debt of the State of Illinois. Nothing in this Act shall be construed to enable the Authority to impose any ad valorem tax on property.

(u) The ordinance of the Authority authorizing the issuance of any bonds or notes may provide additional security for such bonds or notes by providing for appointment of a corporate trustee, which may be any trust company or bank having the powers of a trust company within the State, with respect to such bonds or notes. The ordinance shall prescribe the rights, duties, and powers of the trustee to be exercised for the benefit of the Authority and the protection of the holders of such bonds or notes. The ordinance may provide for the trustee to hold in trust, invest, and use amounts in funds and accounts created as provided by the ordinance with respect to the bonds or notes. The ordinance may provide for the assignment and direct payment to the trustee of any or all amounts produced from the sources provided in Sections 6.02 and 6.08 and provided in Section 6z-17 of the State Finance Act. Upon receipt of notice of any such assignment, the Department of Revenue and the Comptroller of the State of Illinois shall thereafter, notwithstanding the provisions of Sections 6.02 and 6.08 and Section 6z-17 of the State Finance Act, provide for such assigned amounts to be paid directly to the trustee instead of the Authority, all in accordance with the terms of the ordinance making the assignment. The ordinance shall provide that amounts so paid to the trustee which are not required to be deposited, held, or invested in funds and accounts created by the ordinance with respect to bonds or notes or used for paying bonds or notes to be paid by the trustee to the Authority.

(v) Any bonds or notes of the Authority issued pursuant to this Section shall constitute a contract between the Authority and the holders from time to time of such bonds or notes. In issuing any bond or note, the Authority may include in the ordinance authorizing such issue a covenant as part of the contract with the holders of the bonds or notes, that as long as such obligations are outstanding, it shall make such deposits, as provided in subsection (c). It may also so covenant that it shall impose and continue to impose taxes, as provided in Section 6.02 and in addition thereto as subsequently authorized by law, sufficient to make such deposits and pay the principal and interest and to meet other debt service requirements of such bonds or notes as they become due. A certified copy of the ordinance authorizing the issuance of any such obligations shall be filed at or prior to the issuance of such obligations with the State Comptroller and the Department of Revenue.

(w) The State of Illinois pledges to and agrees with the holders of the bonds and notes of the Authority issued pursuant to this Section that the State will not limit or alter the rights and powers vested in the Authority by this Act to impair the terms of any contract made by the Authority with such holders or in any way impair the rights and remedies of such holders until such bonds and notes, together with interest thereon, with interest on any unpaid installments of interest, and all costs and expenses in connection with any action or proceedings by or on behalf of such holders, are fully met and discharged. In addition, the State pledges to and agrees with the holders of the bonds and notes of the Authority issued pursuant to this Section that the State will not limit or alter the basis on which State funds are to be paid to the Authority as provided in this Act, or the use of such funds, so as to impair the terms of any such contract. The Authority may include these pledges and agreements of the State in any contract with the holders of bonds or notes issued pursuant to this Section.

(x) Except as provided in subsections (y) and (aa), the Authority may not issue, sell, or deliver any bonds or notes, other than working cash notes and lines of credit, pursuant to this Section which will cause it to have issued and outstanding at any time in excess of $800,000,000 of such bonds and notes, other than working cash notes and lines of credit. The Authority shall not issue, sell, or deliver any working cash notes or establish a line of credit pursuant to this Section that will cause it to have issued and outstanding at any time in excess of $100,000,000. Bonds or notes which are being paid or retired by such issuance, sale, or delivery of bonds or notes, and bonds or notes for which sufficient funds have been deposited with the paying agency of such bonds or notes to provide for payment of principal and interest thereon or to provide for the redemption thereof, all pursuant to the ordinance authorizing the issuance of such bonds or notes, shall not be considered to be outstanding for the purposes of this subsection.

(y) The Authority may issue, sell, and deliver bonds or notes in such amounts as are necessary to provide for the refunding or advance refunding of bonds or notes issued for Strategic Capital Improvement Projects under this subsection if no such refunding bond or note shall mature later than the final maturity date of the series of bonds or notes being refunded and if the debt service requirements for such refunding bonds or notes in the current or any future fiscal year do not exceed the debt service requirements for that year on the refunded bonds or notes.

(z) The Authority may also issue, sell, and deliver bonds or notes in such amounts as are necessary to provide for the refunding or advance refunding of bonds or notes issued for Strategic Capital Improvement Projects under paragraph (3) of subsection (g) of Section 4.04 of the Regional Transportation Authority Act (repealed), provided that no such refunding bond or note shall mature later than the final maturity date of the series of bonds or notes being refunded, and provided further that the debt service requirements for such refunding bonds or notes in the current or any future fiscal year shall not exceed the debt service requirements for that year on the refunded bonds or notes.

(aa) The Authority, subject to the terms of any agreements with noteholders or bondholders as may then exist, may, out of any funds available therefore, purchase notes or bonds of the Authority, which shall thereupon be canceled.

(bb) In addition to any other authority granted by law, the State Treasurer may, with the approval of the Governor, invest or reinvest, at a price not to exceed par, any State money in the State treasury which is not needed for current expenditures due or about to become due in working cash notes. If there is a default on a working cash note issued by the Authority in which State money in the State treasury was invested, the Treasurer may, after giving notice to the Authority, certify to the Comptroller the amounts of the defaulted working cash note, in accordance with any applicable rules of the Comptroller, and the Comptroller must deduct and remit to the State treasury the certified amounts or a portion of those amounts from the following proportions of payments of State funds to the Authority:

(i) in the first year after default, one-third of the total amount of any payments of State funds to the Authority;

(ii) in the second year after default, two-thirds of the total amount of any payments of State funds to the Authority; and

(iii) in the third year after default and for each year thereafter until the total invested amount is repaid, the total amount of any payments of State funds to the Authority.

(cc) The Authority may establish a line of credit with a bank or other financial institution as may be evidenced by the issuance of notes or other obligations, secured by and payable from all tax receipts of the Authority and any or all other revenues or moneys of the Authority, in an amount not to exceed the limitations set forth in subsection (x). Money borrowed under this subsection shall be used to provide money for the Authority to cover any cash flow deficit that the Authority anticipates incurring and shall be repaid within 24 months.

(dd) Before establishing a line of credit under subsection (cc), the Authority shall authorize the line of credit by ordinance. The ordinance shall set forth facts demonstrating the need for the line of credit, state the amount to be borrowed, establish a maximum interest rate limit not to exceed the maximum rate authorized by the Bond Authorization Act, and provide a date by which the borrowed funds shall be repaid. The ordinance shall authorize and direct the relevant officials to make arrangements to set apart and hold, as applicable, the moneys that will be used to repay the borrowing. In addition, the ordinance may authorize the relevant officials to make partial repayments on the line of credit as the moneys become available and may contain any other terms, restrictions, or limitations desirable or necessary to give effect to subsection (cc).

(ee) The Authority shall notify the Governor's Office of Management and Budget and the State Comptroller at least 30 days before establishing a line of credit and shall file with the Governor's Office of Management and Budget and the State Comptroller a certified copy of any ordinance authorizing the establishment of a line of credit upon or before establishing the line of credit.

(ff) Moneys borrowed under a line of credit pursuant to subsection (cc) are general obligations of the Authority that are secured by the full faith and credit of the Authority.

Section 6.06. Bonds, notes, and certificates; legal investments. The State, all units of local government, all public officers, banks, bankers, trust companies, savings banks and institutions, building and loan associations, savings and loan associations, investment companies and other persons carrying on a banking business, insurance companies, insurance associations and other persons carrying on an insurance business, and all executors, administrators, guardians, trustees and other fiduciaries may legally invest any sinking funds, moneys, or other funds belonging to them or within their control in any bonds, notes, or equipment trust certificates issued pursuant to this Act, it being the purpose of this Section to authorize the investment in such bonds, notes, or certificates of all sinking, insurance, retirement, compensation, pension, and trust funds, whether owned or controlled by private or public persons or officers. However, nothing in this Section may be construed as relieving any person, firm, or corporation from any duty of exercising reasonable care in selecting securities for purchase or investment.

Section 6.07. Exemption from taxation. The Authority is exempt from all State and unit of local government taxes and registration and license fees other than as required for motor vehicle registration in accordance with the Illinois Vehicle Code. All property of the Authority is declared to be public property devoted to an essential public and governmental function and purpose and is exempt from all taxes and special assessments of the State, any subdivision thereof, or any unit of local government.

Section 6.08. Public Transportation Fund and the Metropolitan Mobility Authority Occupation and Use Tax Replacement Fund.

(a) As soon as possible after the first day of each month, upon certification of the Department of Revenue, the Comptroller shall order transferred and the Treasurer shall transfer from the General Revenue Fund to the Public Transportation Fund, a special fund in the State treasury, an amount equal to 25% of the net revenue, before the deduction of the serviceman and retailer discounts pursuant to Section 9 of the Service Occupation Tax Act and Section 3 of the Retailers' Occupation Tax Act, realized from any tax imposed by the Authority pursuant to Sections 6.02 and 6.03 and 25% of the amounts deposited into the Metropolitan Mobility Authority Occupation and Use Tax Replacement Fund created by Section 6.02, from the County and Mass Transit District Fund as provided in Section 6z-20 of the State Finance Act and 25% of the amounts deposited into the Metropolitan Mobility Authority Occupation and Use Tax Replacement Fund from the State and Local Sales Tax Reform Fund as provided in Section 6z-17 of the State Finance Act. On the first day of the month following the date that the Department receives revenues from increased taxes under subsection (cc) of Section 6.02, in lieu of the transfers authorized in the preceding sentence, upon certification of the Department of Revenue, the Comptroller shall order transferred and the Treasurer shall transfer from the General Revenue Fund to the Public Transportation Fund an amount equal to 25% of the net revenue, before the deduction of the serviceman and retailer discounts pursuant to Section 9 of the Service Occupation Tax Act and Section 3 of the Retailers' Occupation Tax Act, realized from (i) 80% of the proceeds of any tax imposed by the Authority at a rate of 1.25% in Cook County, (ii) 75% of the proceeds of any tax imposed by the Authority at the rate of 1% in Cook County, and (iii) one-third of the proceeds of any tax imposed by the Authority at the rate of 0.75% in the Counties of DuPage, Kane, Lake, McHenry, and Will, all pursuant to Section 6.02, and 25% of the net revenue realized from any tax imposed by the Authority pursuant to Section 6.03, and 25% of the amounts deposited into the Metropolitan Mobility Authority Occupation and Use Tax Replacement Fund created by Section 6.02 from the County and Mass Transit District Fund as provided in Section 6z-20 of the State Finance Act, and 25% of the amounts deposited into the Metropolitan Mobility Authority Occupation and Use Tax Replacement Fund from the State and Local Sales Tax Reform Fund as provided in Section 6z-17 of the State Finance Act. As used in this Section, net revenue realized for a month shall be the revenue collected by the State pursuant to Sections 6.02 and 6.03 during the previous month from within the metropolitan region, less the amount paid out during that same month as refunds to taxpayers for overpayment of liability in the metropolitan region under Sections 6.02 and 6.03.

(b) Notwithstanding any provision of law to the contrary, those amounts required under subsection (a) to be transferred by the Treasurer into the Public Transportation Fund from the General Revenue Fund shall be directly deposited into the Public Transportation Fund as the revenues are realized from the taxes indicated.

(c) Except as otherwise provided in subsection (c), on the first day of each month, upon certification by the Department of Revenue, the Comptroller shall order transferred and the Treasurer shall transfer from the General Revenue Fund to the Public Transportation Fund an amount equal to 5% of the net revenue, before the deduction of the serviceman and retailer discounts pursuant to Section 9 of the Service Occupation Tax Act and Section 3 of the Retailers' Occupation Tax Act, realized from any tax imposed by the Authority pursuant to Sections 6.02 and 6.03 and certified by the Department of Revenue under subsection (cc) of Section 6.02 to be paid to the Authority and 5% of the amounts deposited into the Metropolitan Mobility Authority Occupation and Use Tax Replacement Fund created by subsection (cc) of Section 6.02 from the County and Mass Transit District Fund as provided in Section 6z-20 of the State Finance Act, and 5% of the amounts deposited into the Metropolitan Mobility Authority Occupation and Use Tax Replacement Fund from the State and Local Sales Tax Reform Fund as provided in Section 6z-17 of the State Finance Act, and 5% of the revenue realized by the Authority as financial assistance from the City of Chicago from the proceeds of any tax imposed by the City of Chicago under Section 8-3-19 of the Illinois Municipal Code.

(d) Notwithstanding any provision of law to the contrary, those amounts required under subsection (e) to be transferred by the Treasurer into the Public Transportation Fund from the General Revenue Fund shall be directly deposited into the Public Transportation Fund as the revenues are realized from the taxes indicated.

(e) Except as otherwise provided in subsection (g), as soon as possible after the first day of each month, upon certification of the Department of Revenue with respect to the taxes collected under Section 6.02, the Comptroller shall order transferred and the Treasurer shall transfer from the General Revenue Fund to the Public Transportation Fund an amount equal to 25% of the net revenue, before the deduction of the serviceman and retailer discounts pursuant to Section 9 of the Service Occupation Tax Act and Section 3 of the Retailers' Occupation Tax Act, realized from (i) 20% of the proceeds of any tax imposed by the Authority at a rate of 1.25% in Cook County, (ii) 25% of the proceeds of any tax imposed by the Authority at the rate of 1% in Cook County, and (iii) one-third of the proceeds of any tax imposed by the Authority at the rate of 0.75% in the Counties of DuPage, Kane, Lake, McHenry, and Will, all pursuant to Section 6.02, and the Comptroller shall order transferred and the Treasurer shall transfer from the General Revenue Fund to the Public Transportation Fund (iv) an amount equal to 25% of the revenue realized by the Authority as financial assistance from the City of Chicago from the proceeds of any tax imposed by the City of Chicago under Section 8-3-19 of the Illinois Municipal Code.

(f) Notwithstanding any provision of law to the contrary, those amounts required under subsection (e) to be transferred by the Treasurer into the Public Transportation Fund from the General Revenue Fund shall be directly deposited into the Public Transportation Fund as the revenues are realized from the taxes indicated

(g) Notwithstanding any provision of law to the contrary, of the transfers to be made under subsections (a), (c), and (e) from the General Revenue Fund to the Public Transportation Fund, the first $150,000,000 that would have otherwise been transferred from the General Revenue Fund shall be transferred from the Road Fund. The remaining balance of such transfers shall be made from the General Revenue Fund.

(h) All moneys deposited into the Public Transportation Fund and the Metropolitan Mobility Authority Occupation and Use Tax Replacement Fund, whether deposited pursuant to this Section or otherwise, are allocated to the Authority, except for amounts appropriated to the Office of the Executive Inspector General under subsection (a) of Section 5.14 and amounts transferred to the Audit Expense Fund pursuant to Section 6z-27 of the State Finance Act. The Comptroller, as soon as possible after each monthly transfer provided in this Section and after each deposit into the Public Transportation Fund, shall order the Treasurer to pay to the Authority out of the Public Transportation Fund the amount so transferred or deposited. Any additional state assistance and additional financial assistance paid to the Authority under this Section shall be expended by the Authority for its purposes as provided in this Act. The balance of the amounts paid to the Authority from the Public Transportation Fund shall be expended by the Authority as provided in Section 6.04. The Comptroller, as soon as possible after each deposit into the Metropolitan Mobility Authority Occupation and Use Tax Replacement Fund provided in this Section and Section 6z-17 of the State Finance Act, shall order the Treasurer to pay to the Authority out of the Metropolitan Mobility Authority Occupation and Use Tax Replacement Fund the amount so deposited. Such amounts paid to the Authority may be expended by it for its purposes as provided in this Act. The provisions directing the distributions from the Public Transportation Fund and the Metropolitan Mobility Authority Occupation and Use Tax Replacement Fund provided for in this Section shall constitute an irrevocable and continuing appropriation of all amounts as provided herein. The State Treasurer and State Comptroller are authorized and directed to make distributions as provided in this Section. However, no moneys deposited under subsection (a) shall be paid from the Public Transportation Fund to the Authority or its assignee for any fiscal year until the Authority has certified to the Governor, the Comptroller, and the Mayor of the City of Chicago that it has adopted for that fiscal year an Annual Budget and Two-Year Financial Plan meeting the requirements in Section 5.12.

(i) In recognition of the efforts of the Authority to enhance the mass transportation facilities under its control, the State shall provide financial assistance (hereinafter "additional state assistance"). Additional state assistance shall be calculated as provided in subsection (k), but may not exceed $55,000,000.

(j) The State shall provide financial assistance (hereinafter "additional financial assistance") in addition to the additional state assistance provided by subsection (i) and the amounts transferred to the Authority under subsection (a). Additional financial assistance provided by this subsection shall be calculated as provided in subsection (k), but may not exceed $100,000,000.

(k) The Authority shall annually certify to the State Comptroller and State Treasurer, separately with respect to each of paragraphs (2) and (3) of subsection (g) of Section 4.04 of the Regional Transportation Act (repealed), the following amounts:

(1) The amount necessary and required, during the State fiscal year with respect to which the certification is made, to pay its obligations for debt service on all outstanding bonds or notes issued by the Authority or under paragraphs (2) and (3) of subsection (g) of Section 4.04 of the Regional Transportation Authority Act (repealed).

(2) An estimate of the amount necessary and required to pay its obligations for debt service for any bonds or notes which the Authority anticipates it will issue under paragraphs (2) and (3) of subsection (g) of Section 4.04 of the Regional Transportation Authority Act (repealed) during that State fiscal year.

(3) Its debt service savings during the preceding State fiscal year from refunding or advance refunding of bonds or notes issued under paragraphs (2) and (3) of subsection (g) of Section 4.04 of the Regional Transportation Authority Act (repealed) during that State fiscal year.

(4) The amount of interest, if any, earned by the Authority during the previous State fiscal year on the proceeds of bonds or notes issued pursuant to paragraphs (2) and (3) of subsection (g) of Section 4.04 of the Regional Transportation Authority Act (repealed), other than refunding or advance refunding bonds or notes.

(l) The certification under subsection (k) shall include a specific schedule of debt service payments, including the date and amount of each payment for all outstanding bonds or notes and an estimated schedule of anticipated debt service for all bonds and notes it intends to issue, if any, during that State fiscal year, including the estimated date and estimated amount of each payment.

(m) Immediately upon the issuance of bonds for which an estimated schedule of debt service payments was prepared, the Authority shall file an amended certification with respect to paragraph (2) of subsection (k) to specify the actual schedule of debt service payments, including the date and amount of each payment, for the remainder of the State fiscal year.

(n) On the first day of each month of the State fiscal year in which there are bonds outstanding with respect to which the certification is made, the State Comptroller shall order transferred and the State Treasurer shall transfer from the Road Fund to the Public Transportation Fund the additional state assistance and additional financial assistance in an amount equal to the aggregate of (i) one-twelfth of the sum of the amounts certified under paragraphs (1) and (3) of subsection (k) less the amount certified under paragraph (4) of subsection (k), plus (ii) the amount required to pay debt service on bonds and notes issued during the fiscal year, if any, divided by the number of months remaining in the fiscal year after the date of issuance, or some smaller portion as may be necessary under subsection (i) or (j) for the relevant State fiscal year, plus (iii) any cumulative deficiencies in transfers for prior months, until an amount equal to the sum of the amounts certified under subsections (a) and (e), plus the actual debt service certified under subsection (c), less the amount certified under subsection (k), has been transferred; except that these transfers are subject to the following limits:

(1) The total transfers in any State fiscal year relating to outstanding bonds and notes issued by the Authority or under paragraph (2) of subsection (g) of Section 4.04 of the Regional Transportation Authority Act (repealed) may not exceed the lesser of the annual maximum amount specified in subsection (e) or the sum of the amounts certified under subsections (a) and (e), plus the actual debt service certified under subsection (c), less the amount certified under subsection (k), with respect to those bonds and notes.

(2) The total transfers in any State fiscal year relating to outstanding bonds and notes issued by the Authority under paragraph (3) of subsection (g) of Section 4.04 of the Regional Transportation Authority Act (repealed) may not exceed the lesser of the annual maximum amount specified in subsection (j) or the sum of the amounts certified under subsections (a) and (c), plus the actual debt service certified under subsection (b), less the amount certified under subsection (k), with respect to those bonds and notes.

(o) As used in this Section, "outstanding" does not include bonds or notes for which refunding or advance refunding bonds or notes have been issued.

(p) Neither additional state assistance nor additional financial assistance may be pledged, either directly or indirectly, as general revenues of the Authority or as security for any bonds issued by the Authority. The Authority may not assign its right to receive additional state assistance or additional financial assistance, or direct payment of additional state assistance or additional financial assistance, to a trustee or any other entity for the payment of debt service on its bonds.

(q) The certification required under subsection (k) with respect to outstanding bonds and notes of the Authority shall be filed as early as practicable before the beginning of the State fiscal year to which it relates. The certification shall be revised as may be necessary to accurately state the debt service requirements of the Authority.

Section 6.09. Strategic Capital Improvement Program.

(a) This Section and the Annual Capital Improvement Plan created in Section 5.10 shall together be known as the Strategic Capital Improvement Program. The Strategic Capital Improvement Program shall enhance the ability of the Authority to acquire, repair, or replace public transportation facilities in the metropolitan region and shall be financed through the issuance of bonds or notes authorized for Strategic Capital Improvement Projects under Section 6.05. The Program is intended as a supplement to the ongoing capital development activities of the Authority financed with grants, loans, and other moneys made available by the federal government or the State of Illinois. The Authority shall continue to seek, receive, and expend all available grants, loans and other moneys.

(b) Any contracts for architectural or engineering services for projects approved pursuant to Section 5.10 shall comply with the requirements set forth in the Local Government Professional Services Selection Act.

Section 6.10. Rate protection contracts.

(a) As used in this Section, "rate protection contracts" means interest rate price exchange agreements; currency exchange agreements; forward payment conversion agreements; contracts providing for payment or receipt of funds based on levels of, or changes in, interest rates, currency exchange rates, stock or other indices; contracts to exchange cash flows or a series of payments; contracts, including, without limitation, interest rate caps; interest rate floor; interest rate locks; interest rate collars; rate of return guarantees or assurances, to manage payment, currency, rate, spread or similar exposure; the obligation, right, or option to issue, put, lend, sell, grant a security interest in, buy, borrow or otherwise acquire, a bond, note or other security or interest therein as an investment, as collateral, as a hedge, or otherwise as a source or assurance of payment to or by the Authority or as a reduction of the Authority's or an obligor's risk exposure; repurchase agreements; securities lending agreements; and other similar agreements or arrangements.

(b) Notwithstanding any provision in paragraph (2) of Section 4.02 to the contrary, in connection with or incidental to the issuance by the Authority of its bonds or notes under the provisions of Section 6.05 or the exercise of its powers under paragraph (2) of Section 4.02, the Authority, for its own benefit or for the benefit of the holders of its obligations or their trustee, may enter into rate protection contracts. The Authority may enter into rate protection contracts only pursuant to a determination by the Directors that the terms of the contracts and any related agreements reduce the risk of loss to the Authority, or protect, preserve or enhance the value of its assets, or provide compensation to the Authority for losses resulting from changes in interest rates. The Authority's obligations under any rate protection contract or credit enhancement or liquidity agreement shall not be considered bonds or notes for purposes of this Act. For purposes of this Section, a rate protection contract is a contract determined by the Authority as necessary or appropriate to permit it to manage payment, currency, or interest rate risks or levels.

Section 6.11. Metropolitan Mobility Authority Additional Operating Funding Fund. There is created the Metropolitan Mobility Authority Additional Operating Funding Fund, a special fund that is created in the State treasury, and, subject to appropriation and as directed by the Board, moneys in the Fund may be expended for any purpose allowed under this Act.

Section 6.12. Nature of funds. The funds described in this Act and the Equitable Transit-Supportive Development Act generated from transportation sources and deposited into those funds are protected under Section 11 of Article IX of the Illinois Constitution and the uses of the funds allowed under these Acts are deemed transportation purposes under Section 11 of Article IX and may not, by transfer, offset, or otherwise, be diverted by any local government, including, without limitation, any home rule unit of government, to any purpose other than public transportation purposes. This Section is declarative of existing law.

Article VII. OFFICE OF TRANSIT-ORIENTED DEVELOPMENT

Section 7.01. Short title; intent.

(a) This Article VII may be cited as the Equitable Transit-Supportive Development Act. References to "this Act" in this Article VII mean this Article VII.

(b) It is the intent of the General Assembly in enacting this Act to (1) strengthen connections among people, places, and transit, (2) establish a virtuous cycle of increasing residential units and employment near transit that supports increased transit service, which then makes nearby property more attractive for development, (3) support increased housing opportunities and other infill development in transit-served locations, (4) enhance the resilience of Illinois' transit assets and leverage the value of transit to property owners and tenants, and (5) increase transit availability and ridership to achieve quality of life, economic development, and sustainability objectives.

Section 7.02. Definitions. As used in this Act:

"Affordable housing" means long-term income-restricted housing units for households whose adjusted income is at or below 60% of the metropolitan area median income, adjusted for household size, for the transit agency service area in which the housing units are to be built.

"Near high-quality transit" in the metropolitan region, as defined in the Metropolitan Mobility Authority Act, refers to parcels located within one-half mile of a rail transit station or within one-eighth mile of a bus stop with headways of no more than 15 minutes for at least 14 hours per day. The Office may define "near high-quality transit" differently elsewhere in the State.

"Office" means the Office of Transit-Oriented Development.

"Workforce housing" means long-term income-restricted housing units for households whose adjusted income is at or below 120% and above 60% of the metropolitan area, as that term is defined in the Metropolitan Mobility Authority Act, median income, adjusted for household size.

Section 7.03. Establishment of the Office of Transit-Oriented Development and Transit-Supportive Development Fund.

(a) There is established the Office of Transit-Oriented Development and the Transit-Supportive Development Fund, a special fund that is created in the State treasury, and, subject to appropriation and as directed by the Office, may be expended as provided in this Act.

(b) Amounts on deposit in the Fund and interest and other earnings on those amounts may be used by the Office to aid transit-supportive development near high-quality transit as provided in this Act.

(c) Eligible uses of the Fund include, but are not limited to, conversion of nonresidential uses to residential use, redevelopment of underused parking lots, provision of affordable housing and workforce housing, mixed-use development, and joint development with a transit agency on agency-owned property.

(d) In using moneys from the Fund, the Office shall prioritize projects that leverage other funding sources and promote equitable access to housing and jobs in transit-served locations. To qualify for financial support from the Office, local jurisdictions must identify opportunity sites with site control or documented concurrence from property owners, subject to specific standards to be defined by the Office, to support these eligible uses:

(1) funding offered by the Office for predevelopment work, including, but not limited to, site acquisition, parcel assembly, environmental remediation, and utility and supporting infrastructure installation, directly or through grants and partnerships with other public or private organizations;

(2) loans offered by the Office to provide financing for construction in support of eligible development projects; or

(3) technical assistance offered by the Office to transit agencies, local jurisdictions with land use authority, property owners, and developers to help best accommodate transit-supportive development in areas near high-quality transit. As used in this paragraph, "technical assistance" includes, but is not limited to: interagency expertise; development strategy and planning assistance; market or value capture assessments; and assistance with solicitations, ground leases, or revolving funds; professional services, including, but not limited to, marketing, financial analysis, design, engineering, and land surveying.

(e) The Office and the State's metropolitan planning organizations may partner to carry out this Act, including the Office providing operating funding to metropolitan planning organizations for personnel with expertise in transit-supportive development in accordance with this Act.

Section 7.04. Transit support overlay districts.

(a) The metropolitan planning organization for each municipality seeking eligibility for assistance by the Office shall develop standards for a transit support overlay district for that urban area, which may include, but are not limited to, transit-supportive allowable uses and densities, restriction of auto-oriented uses, removal of parking requirements, site planning standards that support walkability, sidewalk network connectivity and local funding commitments for sidewalks in compliance with the requirements of the Americans with Disabilities Act of 1990, as amended, and streetscape features that encourage transit use.

(b) Assistance by the Office shall be exclusively for projects in municipalities that have adopted the standards in the transit support overlay district for that area or that have adopted zoning and other changes that the Office determines have benefits greater than or equal to such a District.

Section 7.05. Standards and annual reporting. The Office shall develop standards and procedures necessary to implement this Act and shall annually publish a comprehensive annual report that describes its transactions, holdings, and financial position.

Section 7.06. Report to General Assembly. By no later than 2 years after the effective date of this Act, the Office shall submit to the General Assembly a comprehensive study of State programs for affordable housing, economic development, and other capital investments to determine how the criteria for investment under those programs can be aligned to support transit and transit-oriented development. The study shall also identify opportunities to bundle or streamline access to other State investments with the assistance provided by the Office. The Illinois Housing Development Authority, Illinois Finance Authority, Department of Commerce and Economic Opportunity, Capital Development Board, and other relevant departments of the State shall cooperate to provide any needed information to complete the study and shall implement the recommendations of the study.

Article VIII. MISCELLANEOUS

Section 8.01. The Open Meetings Act is amended by changing Section 2 as follows:

(5 ILCS 120/2) (from Ch. 102, par. 42)

Sec. 2. Open meetings.

(a) Openness required. All meetings of public bodies shall be open to the public unless excepted in subsection (c) and closed in accordance with Section 2a.

(b) Construction of exceptions. The exceptions contained in subsection (c) are in derogation of the requirement that public bodies meet in the open, and therefore, the exceptions are to be strictly construed, extending only to subjects clearly within their scope. The exceptions authorize but do not require the holding of a closed meeting to discuss a subject included within an enumerated exception.

(c) Exceptions. A public body may hold closed meetings to consider the following subjects:

(1) The appointment, employment, compensation, discipline, performance, or dismissal of specific employees, specific individuals who serve as independent contractors in a park, recreational, or educational setting, or specific volunteers of the public body or legal counsel for the public body, including hearing testimony on a complaint lodged against an employee, a specific individual who serves as an independent contractor in a park, recreational, or educational setting, or a volunteer of the public body or against legal counsel for the public body to determine its validity. However, a meeting to consider an increase in compensation to a specific employee of a public body that is subject to the Local Government Wage Increase Transparency Act may not be closed and shall be open to the public and posted and held in accordance with this Act.

(2) Collective negotiating matters between the public body and its employees or their representatives, or deliberations concerning salary schedules for one or more classes of employees.

(3) The selection of a person to fill a public office, as defined in this Act, including a vacancy in a public office, when the public body is given power to appoint under law or ordinance, or the discipline, performance or removal of the occupant of a public office, when the public body is given power to remove the occupant under law or ordinance.

(4) Evidence or testimony presented in open hearing, or in closed hearing where specifically authorized by law, to a quasi-adjudicative body, as defined in this Act, provided that the body prepares and makes available for public inspection a written decision setting forth its determinative reasoning.

(4.5) Evidence or testimony presented to a school board regarding denial of admission to school events or property pursuant to Section 24-24 of the School Code, provided that the school board prepares and makes available for public inspection a written decision setting forth its determinative reasoning.

(5) The purchase or lease of real property for the use of the public body, including meetings held for the purpose of discussing whether a particular parcel should be acquired.

(6) The setting of a price for sale or lease of property owned by the public body.

(7) The sale or purchase of securities, investments, or investment contracts. This exception shall not apply to the investment of assets or income of funds deposited into the Illinois Prepaid Tuition Trust Fund.

(8) Security procedures, school building safety and security, and the use of personnel and equipment to respond to an actual, a threatened, or a reasonably potential danger to the safety of employees, students, staff, the public, or public property.

(9) Student disciplinary cases.

(10) The placement of individual students in special education programs and other matters relating to individual students.

(11) Litigation, when an action against, affecting or on behalf of the particular public body has been filed and is pending before a court or administrative tribunal, or when the public body finds that an action is probable or imminent, in which case the basis for the finding shall be recorded and entered into the minutes of the closed meeting.

(12) The establishment of reserves or settlement of claims as provided in the Local Governmental and Governmental Employees Tort Immunity Act, if otherwise the disposition of a claim or potential claim might be prejudiced, or the review or discussion of claims, loss or risk management information, records, data, advice or communications from or with respect to any insurer of the public body or any intergovernmental risk management association or self insurance pool of which the public body is a member.

(13) Conciliation of complaints of discrimination in the sale or rental of housing, when closed meetings are authorized by the law or ordinance prescribing fair housing practices and creating a commission or administrative agency for their enforcement.

(14) Informant sources, the hiring or assignment of undercover personnel or equipment, or ongoing, prior or future criminal investigations, when discussed by a public body with criminal investigatory responsibilities.

(15) Professional ethics or performance when considered by an advisory body appointed to advise a licensing or regulatory agency on matters germane to the advisory body's field of competence.

(16) Self evaluation, practices and procedures or professional ethics, when meeting with a representative of a statewide association of which the public body is a member.

(17) The recruitment, credentialing, discipline or formal peer review of physicians or other health care professionals, or for the discussion of matters protected under the federal Patient Safety and Quality Improvement Act of 2005, and the regulations promulgated thereunder, including 42 CFR C.F.R. Part 3 (73 FR 70732), or the federal Health Insurance Portability and Accountability Act of 1996, and the regulations promulgated thereunder, including 45 CFR C.F.R. Parts 160, 162, and 164, by a hospital, or other institution providing medical care, that is operated by the public body.

(18) Deliberations for decisions of the Prisoner Review Board.

(19) Review or discussion of applications received under the Experimental Organ Transplantation Procedures Act.

(20) The classification and discussion of matters classified as confidential or continued confidential by the State Government Suggestion Award Board.

(21) Discussion of minutes of meetings lawfully closed under this Act, whether for purposes of approval by the body of the minutes or semi-annual review of the minutes as mandated by Section 2.06.

(22) Deliberations for decisions of the State Emergency Medical Services Disciplinary Review Board.

(23) The operation by a municipality of a municipal utility or the operation of a municipal power agency or municipal natural gas agency when the discussion involves (i) contracts relating to the purchase, sale, or delivery of electricity or natural gas or (ii) the results or conclusions of load forecast studies.

(24) Meetings of a residential health care facility resident sexual assault and death review team or the Executive Council under the Abuse Prevention Review Team Act.

(25) Meetings of an independent team of experts under Brian's Law.

(26) Meetings of a mortality review team appointed under the Department of Juvenile Justice Mortality Review Team Act.

(27) (Blank).

(28) Correspondence and records (i) that may not be disclosed under Section 11-9 of the Illinois Public Aid Code or (ii) that pertain to appeals under Section 11-8 of the Illinois Public Aid Code.

(29) Meetings between internal or external auditors and governmental audit committees, finance committees, and their equivalents, when the discussion involves internal control weaknesses, identification of potential fraud risk areas, known or suspected frauds, and fraud interviews conducted in accordance with generally accepted auditing standards of the United States of America.

(30) Those meetings or portions of meetings of a fatality review team or the Illinois Fatality Review Team Advisory Council during which a review of the death of an eligible adult in which abuse or neglect is suspected, alleged, or substantiated is conducted pursuant to Section 15 of the Adult Protective Services Act.

(31) Meetings and deliberations for decisions of the Concealed Carry Licensing Review Board under the Firearm Concealed Carry Act.

(32) (Blank). Meetings between the Regional Transportation Authority Board and its Service Boards when the discussion involves review by the Regional Transportation Authority Board of employment contracts under Section 28d of the Metropolitan Transit Authority Act and Sections 3A.18 and 3B.26 of the Regional Transportation Authority Act.

(33) Those meetings or portions of meetings of the advisory committee and peer review subcommittee created under Section 320 of the Illinois Controlled Substances Act during which specific controlled substance prescriber, dispenser, or patient information is discussed.

(34) Meetings of the Tax Increment Financing Reform Task Force under Section 2505-800 of the Department of Revenue Law of the Civil Administrative Code of Illinois.

(35) Meetings of the group established to discuss Medicaid capitation rates under Section 5-30.8 of the Illinois Public Aid Code.

(36) Those deliberations or portions of deliberations for decisions of the Illinois Gaming Board in which there is discussed any of the following: (i) personal, commercial, financial, or other information obtained from any source that is privileged, proprietary, confidential, or a trade secret; or (ii) information specifically exempted from the disclosure by federal or State law.

(37) Deliberations for decisions of the Illinois Law Enforcement Training Standards Board, the Certification Review Panel, and the Illinois State Police Merit Board regarding certification and decertification.

(38) Meetings of the Ad Hoc Statewide Domestic Violence Fatality Review Committee of the Illinois Criminal Justice Information Authority Board that occur in closed executive session under subsection (d) of Section 35 of the Domestic Violence Fatality Review Act.

(39) Meetings of the regional review teams under subsection (a) of Section 75 of the Domestic Violence Fatality Review Act.

(40) Meetings of the Firearm Owner's Identification Card Review Board under Section 10 of the Firearm Owners Identification Card Act.

(d) Definitions. For purposes of this Section:

"Employee" means a person employed by a public body whose relationship with the public body constitutes an employer-employee relationship under the usual common law rules, and who is not an independent contractor.

"Public office" means a position created by or under the Constitution or laws of this State, the occupant of which is charged with the exercise of some portion of the sovereign power of this State. The term "public office" shall include members of the public body, but it shall not include organizational positions filled by members thereof, whether established by law or by a public body itself, that exist to assist the body in the conduct of its business.

"Quasi-adjudicative body" means an administrative body charged by law or ordinance with the responsibility to conduct hearings, receive evidence or testimony and make determinations based thereon, but does not include local electoral boards when such bodies are considering petition challenges.

(e) Final action. No final action may be taken at a closed meeting. Final action shall be preceded by a public recital of the nature of the matter being considered and other information that will inform the public of the business being conducted.

(Source: P.A. 102-237, eff. 1-1-22; 102-520, eff. 8-20-21; 102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 103-311, eff. 7-28-23.)

Section 8.02. The Freedom of Information Act is amended by changing Section 7.5 as follows:

(5 ILCS 140/7.5)

(Text of Section before amendment by P.A. 103-472)

Sec. 7.5. Statutory exemptions. To the extent provided for by the statutes referenced below, the following shall be exempt from inspection and copying:

(a) All information determined to be confidential under Section 4002 of the Technology Advancement and Development Act.

(b) Library circulation and order records identifying library users with specific materials under the Library Records Confidentiality Act.

(c) Applications, related documents, and medical records received by the Experimental Organ Transplantation Procedures Board and any and all documents or other records prepared by the Experimental Organ Transplantation Procedures Board or its staff relating to applications it has received.

(d) Information and records held by the Department of Public Health and its authorized representatives relating to known or suspected cases of sexually transmissible disease or any information the disclosure of which is restricted under the Illinois Sexually Transmissible Disease Control Act.

(e) Information the disclosure of which is exempted under Section 30 of the Radon Industry Licensing Act.

(f) Firm performance evaluations under Section 55 of the Architectural, Engineering, and Land Surveying Qualifications Based Selection Act.

(g) Information the disclosure of which is restricted and exempted under Section 50 of the Illinois Prepaid Tuition Act.

(h) Information the disclosure of which is exempted under the State Officials and Employees Ethics Act, and records of any lawfully created State or local inspector general's office that would be exempt if created or obtained by an Executive Inspector General's office under that Act.

(i) Information contained in a local emergency energy plan submitted to a municipality in accordance with a local emergency energy plan ordinance that is adopted under Section 11-21.5-5 of the Illinois Municipal Code.

(j) Information and data concerning the distribution of surcharge moneys collected and remitted by carriers under the Emergency Telephone System Act.

(k) Law enforcement officer identification information or driver identification information compiled by a law enforcement agency or the Department of Transportation under Section 11-212 of the Illinois Vehicle Code.

(l) Records and information provided to a residential health care facility resident sexual assault and death review team or the Executive Council under the Abuse Prevention Review Team Act.

(m) Information provided to the predatory lending database created pursuant to Article 3 of the Residential Real Property Disclosure Act, except to the extent authorized under that Article.

(n) Defense budgets and petitions for certification of compensation and expenses for court appointed trial counsel as provided under Sections 10 and 15 of the Capital Crimes Litigation Act (repealed). This subsection (n) shall apply until the conclusion of the trial of the case, even if the prosecution chooses not to pursue the death penalty prior to trial or sentencing.

(o) Information that is prohibited from being disclosed under Section 4 of the Illinois Health and Hazardous Substances Registry Act.

(p) Security portions of system safety program plans, investigation reports, surveys, schedules, lists, data, or information compiled, collected, or prepared by or for the Department of Transportation under Sections 2705-300 and 2705-616 of the Department of Transportation Law of the Civil Administrative Code of Illinois, the Regional Transportation Authority under Section 2.11 of the Regional Transportation Authority Act, or the St. Clair County Transit District under the Bi-State Transit Safety Act (repealed).

(q) Information prohibited from being disclosed by the Personnel Record Review Act.

(r) Information prohibited from being disclosed by the Illinois School Student Records Act.

(s) Information the disclosure of which is restricted under Section 5-108 of the Public Utilities Act.

(t) (Blank).

(u) Records and information provided to an independent team of experts under the Developmental Disability and Mental Health Safety Act (also known as Brian's Law).

(v) Names and information of people who have applied for or received Firearm Owner's Identification Cards under the Firearm Owners Identification Card Act or applied for or received a concealed carry license under the Firearm Concealed Carry Act, unless otherwise authorized by the Firearm Concealed Carry Act; and databases under the Firearm Concealed Carry Act, records of the Concealed Carry Licensing Review Board under the Firearm Concealed Carry Act, and law enforcement agency objections under the Firearm Concealed Carry Act.

(v-5) Records of the Firearm Owner's Identification Card Review Board that are exempted from disclosure under Section 10 of the Firearm Owners Identification Card Act.

(w) Personally identifiable information which is exempted from disclosure under subsection (g) of Section 19.1 of the Toll Highway Act.

(x) Information which is exempted from disclosure under Section 5-1014.3 of the Counties Code or Section 8-11-21 of the Illinois Municipal Code.

(y) Confidential information under the Adult Protective Services Act and its predecessor enabling statute, the Elder Abuse and Neglect Act, including information about the identity and administrative finding against any caregiver of a verified and substantiated decision of abuse, neglect, or financial exploitation of an eligible adult maintained in the Registry established under Section 7.5 of the Adult Protective Services Act.

(z) Records and information provided to a fatality review team or the Illinois Fatality Review Team Advisory Council under Section 15 of the Adult Protective Services Act.

(aa) Information which is exempted from disclosure under Section 2.37 of the Wildlife Code.

(bb) Information which is or was prohibited from disclosure by the Juvenile Court Act of 1987.

(cc) Recordings made under the Law Enforcement Officer-Worn Body Camera Act, except to the extent authorized under that Act.

(dd) Information that is prohibited from being disclosed under Section 45 of the Condominium and Common Interest Community Ombudsperson Act.

(ee) Information that is exempted from disclosure under Section 30.1 of the Pharmacy Practice Act.

(ff) Information that is exempted from disclosure under the Revised Uniform Unclaimed Property Act.

(gg) Information that is prohibited from being disclosed under Section 7-603.5 of the Illinois Vehicle Code.

(hh) Records that are exempt from disclosure under Section 1A-16.7 of the Election Code.

(ii) Information which is exempted from disclosure under Section 2505-800 of the Department of Revenue Law of the Civil Administrative Code of Illinois.

(jj) Information and reports that are required to be submitted to the Department of Labor by registering day and temporary labor service agencies but are exempt from disclosure under subsection (a-1) of Section 45 of the Day and Temporary Labor Services Act.

(kk) Information prohibited from disclosure under the Seizure and Forfeiture Reporting Act.

(ll) Information the disclosure of which is restricted and exempted under Section 5-30.8 of the Illinois Public Aid Code.

(mm) Records that are exempt from disclosure under Section 4.2 of the Crime Victims Compensation Act.

(nn) Information that is exempt from disclosure under Section 70 of the Higher Education Student Assistance Act.

(oo) Communications, notes, records, and reports arising out of a peer support counseling session prohibited from disclosure under the First Responders Suicide Prevention Act.

(pp) Names and all identifying information relating to an employee of an emergency services provider or law enforcement agency under the First Responders Suicide Prevention Act.

(qq) Information and records held by the Department of Public Health and its authorized representatives collected under the Reproductive Health Act.

(rr) Information that is exempt from disclosure under the Cannabis Regulation and Tax Act.

(ss) Data reported by an employer to the Department of Human Rights pursuant to Section 2-108 of the Illinois Human Rights Act.

(tt) Recordings made under the Children's Advocacy Center Act, except to the extent authorized under that Act.

(uu) Information that is exempt from disclosure under Section 50 of the Sexual Assault Evidence Submission Act.

(vv) Information that is exempt from disclosure under subsections (f) and (j) of Section 5-36 of the Illinois Public Aid Code.

(ww) Information that is exempt from disclosure under Section 16.8 of the State Treasurer Act.

(xx) Information that is exempt from disclosure or information that shall not be made public under the Illinois Insurance Code.

(yy) Information prohibited from being disclosed under the Illinois Educational Labor Relations Act.

(zz) Information prohibited from being disclosed under the Illinois Public Labor Relations Act.

(aaa) Information prohibited from being disclosed under Section 1-167 of the Illinois Pension Code.

(bbb) Information that is prohibited from disclosure by the Illinois Police Training Act and the Illinois State Police Act.

(ccc) Records exempt from disclosure under Section 2605-304 of the Illinois State Police Law of the Civil Administrative Code of Illinois.

(ddd) Information prohibited from being disclosed under Section 35 of the Address Confidentiality for Victims of Domestic Violence, Sexual Assault, Human Trafficking, or Stalking Act.

(eee) Information prohibited from being disclosed under subsection (b) of Section 75 of the Domestic Violence Fatality Review Act.

(fff) Images from cameras under the Expressway Camera Act. This subsection (fff) is inoperative on and after July 1, 2025.

(ggg) Information prohibited from disclosure under paragraph (3) of subsection (a) of Section 14 of the Nurse Agency Licensing Act.

(hhh) Information submitted to the Illinois State Police in an affidavit or application for an assault weapon endorsement, assault weapon attachment endorsement, .50 caliber rifle endorsement, or .50 caliber cartridge endorsement under the Firearm Owners Identification Card Act.

(iii) Data exempt from disclosure under Section 50 of the School Safety Drill Act.

(jjj) (hhh) Information exempt from disclosure under Section 30 of the Insurance Data Security Law.

(kkk) (iii) Confidential business information prohibited from disclosure under Section 45 of the Paint Stewardship Act.

(lll) (Reserved).

(mmm) (iii) Information prohibited from being disclosed under subsection (e) of Section 1-129 of the Illinois Power Agency Act.

(Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff. 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22; 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff. 6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372, eff. 1-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23; revised 1-2-24.)

(Text of Section after amendment by P.A. 103-472)

Sec. 7.5. Statutory exemptions. To the extent provided for by the statutes referenced below, the following shall be exempt from inspection and copying:

(a) All information determined to be confidential under Section 4002 of the Technology Advancement and Development Act.

(b) Library circulation and order records identifying library users with specific materials under the Library Records Confidentiality Act.

(c) Applications, related documents, and medical records received by the Experimental Organ Transplantation Procedures Board and any and all documents or other records prepared by the Experimental Organ Transplantation Procedures Board or its staff relating to applications it has received.

(d) Information and records held by the Department of Public Health and its authorized representatives relating to known or suspected cases of sexually transmissible disease or any information the disclosure of which is restricted under the Illinois Sexually Transmissible Disease Control Act.

(e) Information the disclosure of which is exempted under Section 30 of the Radon Industry Licensing Act.

(f) Firm performance evaluations under Section 55 of the Architectural, Engineering, and Land Surveying Qualifications Based Selection Act.

(g) Information the disclosure of which is restricted and exempted under Section 50 of the Illinois Prepaid Tuition Act.

(h) Information the disclosure of which is exempted under the State Officials and Employees Ethics Act, and records of any lawfully created State or local inspector general's office that would be exempt if created or obtained by an Executive Inspector General's office under that Act.

(i) Information contained in a local emergency energy plan submitted to a municipality in accordance with a local emergency energy plan ordinance that is adopted under Section 11-21.5-5 of the Illinois Municipal Code.

(j) Information and data concerning the distribution of surcharge moneys collected and remitted by carriers under the Emergency Telephone System Act.

(k) Law enforcement officer identification information or driver identification information compiled by a law enforcement agency or the Department of Transportation under Section 11-212 of the Illinois Vehicle Code.

(l) Records and information provided to a residential health care facility resident sexual assault and death review team or the Executive Council under the Abuse Prevention Review Team Act.

(m) Information provided to the predatory lending database created pursuant to Article 3 of the Residential Real Property Disclosure Act, except to the extent authorized under that Article.

(n) Defense budgets and petitions for certification of compensation and expenses for court appointed trial counsel as provided under Sections 10 and 15 of the Capital Crimes Litigation Act (repealed). This subsection (n) shall apply until the conclusion of the trial of the case, even if the prosecution chooses not to pursue the death penalty prior to trial or sentencing.

(o) Information that is prohibited from being disclosed under Section 4 of the Illinois Health and Hazardous Substances Registry Act.

(p) Security portions of system safety program plans, investigation reports, surveys, schedules, lists, data, or information compiled, collected, or prepared by or for the Department of Transportation under Sections 2705-300 and 2705-616 of the Department of Transportation Law of the Civil Administrative Code of Illinois, the Metropolitan Mobility Regional Transportation Authority under Section 4.33 of the Metropolitan Mobility Authority Act 2.11 of the Regional Transportation Authority Act, or the St. Clair County Transit District under the Bi-State Transit Safety Act (repealed).

(q) Information prohibited from being disclosed by the Personnel Record Review Act.

(r) Information prohibited from being disclosed by the Illinois School Student Records Act.

(s) Information the disclosure of which is restricted under Section 5-108 of the Public Utilities Act.

(t) (Blank).

(u) Records and information provided to an independent team of experts under the Developmental Disability and Mental Health Safety Act (also known as Brian's Law).

(v) Names and information of people who have applied for or received Firearm Owner's Identification Cards under the Firearm Owners Identification Card Act or applied for or received a concealed carry license under the Firearm Concealed Carry Act, unless otherwise authorized by the Firearm Concealed Carry Act; and databases under the Firearm Concealed Carry Act, records of the Concealed Carry Licensing Review Board under the Firearm Concealed Carry Act, and law enforcement agency objections under the Firearm Concealed Carry Act.

(v-5) Records of the Firearm Owner's Identification Card Review Board that are exempted from disclosure under Section 10 of the Firearm Owners Identification Card Act.

(w) Personally identifiable information which is exempted from disclosure under subsection (g) of Section 19.1 of the Toll Highway Act.

(x) Information which is exempted from disclosure under Section 5-1014.3 of the Counties Code or Section 8-11-21 of the Illinois Municipal Code.

(y) Confidential information under the Adult Protective Services Act and its predecessor enabling statute, the Elder Abuse and Neglect Act, including information about the identity and administrative finding against any caregiver of a verified and substantiated decision of abuse, neglect, or financial exploitation of an eligible adult maintained in the Registry established under Section 7.5 of the Adult Protective Services Act.

(z) Records and information provided to a fatality review team or the Illinois Fatality Review Team Advisory Council under Section 15 of the Adult Protective Services Act.

(aa) Information which is exempted from disclosure under Section 2.37 of the Wildlife Code.

(bb) Information which is or was prohibited from disclosure by the Juvenile Court Act of 1987.

(cc) Recordings made under the Law Enforcement Officer-Worn Body Camera Act, except to the extent authorized under that Act.

(dd) Information that is prohibited from being disclosed under Section 45 of the Condominium and Common Interest Community Ombudsperson Act.

(ee) Information that is exempted from disclosure under Section 30.1 of the Pharmacy Practice Act.

(ff) Information that is exempted from disclosure under the Revised Uniform Unclaimed Property Act.

(gg) Information that is prohibited from being disclosed under Section 7-603.5 of the Illinois Vehicle Code.

(hh) Records that are exempt from disclosure under Section 1A-16.7 of the Election Code.

(ii) Information which is exempted from disclosure under Section 2505-800 of the Department of Revenue Law of the Civil Administrative Code of Illinois.

(jj) Information and reports that are required to be submitted to the Department of Labor by registering day and temporary labor service agencies but are exempt from disclosure under subsection (a-1) of Section 45 of the Day and Temporary Labor Services Act.

(kk) Information prohibited from disclosure under the Seizure and Forfeiture Reporting Act.

(ll) Information the disclosure of which is restricted and exempted under Section 5-30.8 of the Illinois Public Aid Code.

(mm) Records that are exempt from disclosure under Section 4.2 of the Crime Victims Compensation Act.

(nn) Information that is exempt from disclosure under Section 70 of the Higher Education Student Assistance Act.

(oo) Communications, notes, records, and reports arising out of a peer support counseling session prohibited from disclosure under the First Responders Suicide Prevention Act.

(pp) Names and all identifying information relating to an employee of an emergency services provider or law enforcement agency under the First Responders Suicide Prevention Act.

(qq) Information and records held by the Department of Public Health and its authorized representatives collected under the Reproductive Health Act.

(rr) Information that is exempt from disclosure under the Cannabis Regulation and Tax Act.

(ss) Data reported by an employer to the Department of Human Rights pursuant to Section 2-108 of the Illinois Human Rights Act.

(tt) Recordings made under the Children's Advocacy Center Act, except to the extent authorized under that Act.

(uu) Information that is exempt from disclosure under Section 50 of the Sexual Assault Evidence Submission Act.

(vv) Information that is exempt from disclosure under subsections (f) and (j) of Section 5-36 of the Illinois Public Aid Code.

(ww) Information that is exempt from disclosure under Section 16.8 of the State Treasurer Act.

(xx) Information that is exempt from disclosure or information that shall not be made public under the Illinois Insurance Code.

(yy) Information prohibited from being disclosed under the Illinois Educational Labor Relations Act.

(zz) Information prohibited from being disclosed under the Illinois Public Labor Relations Act.

(aaa) Information prohibited from being disclosed under Section 1-167 of the Illinois Pension Code.

(bbb) Information that is prohibited from disclosure by the Illinois Police Training Act and the Illinois State Police Act.

(ccc) Records exempt from disclosure under Section 2605-304 of the Illinois State Police Law of the Civil Administrative Code of Illinois.

(ddd) Information prohibited from being disclosed under Section 35 of the Address Confidentiality for Victims of Domestic Violence, Sexual Assault, Human Trafficking, or Stalking Act.

(eee) Information prohibited from being disclosed under subsection (b) of Section 75 of the Domestic Violence Fatality Review Act.

(fff) Images from cameras under the Expressway Camera Act. This subsection (fff) is inoperative on and after July 1, 2025.

(ggg) Information prohibited from disclosure under paragraph (3) of subsection (a) of Section 14 of the Nurse Agency Licensing Act.

(hhh) Information submitted to the Illinois State Police in an affidavit or application for an assault weapon endorsement, assault weapon attachment endorsement, .50 caliber rifle endorsement, or .50 caliber cartridge endorsement under the Firearm Owners Identification Card Act.

(iii) Data exempt from disclosure under Section 50 of the School Safety Drill Act.

(jjj) (hhh) Information exempt from disclosure under Section 30 of the Insurance Data Security Law.

(kkk) (iii) Confidential business information prohibited from disclosure under Section 45 of the Paint Stewardship Act.

(lll) (iii) Data exempt from disclosure under Section 2-3.196 of the School Code.

(mmm) (iii) Information prohibited from being disclosed under subsection (e) of Section 1-129 of the Illinois Power Agency Act.

(Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff. 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22; 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff. 6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372, eff. 1-1-24; 103-472, eff. 8-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23; revised 1-2-24.)

Section 8.03. The Transportation Cooperation Act of 1971 is amended by changing Section 2 as follows:

(5 ILCS 225/2) (from Ch. 111 2/3, par. 602)

Sec. 2. For the purposes of this Act:

(a) "Railroad passenger service" means any railroad passenger service within the State of Illinois, including the equipment and facilities used in connection therewith, with the exception of the basic system operated by the National Railroad Passenger Corporation pursuant to Title II and Section 403(a) of the Federal Rail Passenger Service Act of 1970.

(b) "Federal Railroad Corporation" means the National Railroad Passenger Corporation established pursuant to an Act of Congress known as the "Rail Passenger Service Act of 1970."

(c) "Transportation system" means any and all modes of public transportation within the State, including, but not limited to, transportation of persons or property by rapid transit, rail, bus, and aircraft, and all equipment, facilities and property, real and personal, used in connection therewith.

(d) "Carrier" means any corporation, authority, partnership, association, person or district authorized to maintain a transportation system within the State with the exception of the Federal Railroad Corporation.

(e) "Units of local government" means cities, villages, incorporated towns, counties, municipalities, townships, and special districts, including any district created pursuant to the "Local Mass Transit District Act", approved July 21, 1959, as amended; the Metropolitan Mobility Authority; any Authority created pursuant to the "Metropolitan Transit Authority Act", approved April 12, 1945, as amended; and, any authority, commission, or other entity which by virtue of an interstate compact approved by Congress is authorized to provide mass transportation.

(f) "Universities" means all public institutions of higher education as defined in an "Act creating a Board of Higher Education, defining its powers and duties, making an appropriation therefor, and repealing an Act herein named", approved August 22, 1961, as amended, and all private institutions of higher education as defined in the Illinois Finance Authority Act.

(g) "Department" means the Illinois Department of Transportation, or such other department designated by law to perform the duties and functions of the Illinois Department of Transportation prior to January 1, 1972.

(h) "Association" means any Transportation Service Association created pursuant to Section 4 of this Act.

(i) "Contracting Parties" means any units of local government or universities which have associated and joined together pursuant to Section 3 of this Act.

(j) "Governing authorities" means (1) the city council or similar legislative body of a city; (2) the board of trustees or similar body of a village or incorporated town; (3) the council of a municipality under the commission form of municipal government; (4) the board of trustees in a township; (5) the Board of Trustees of the University of Illinois, the Board of Trustees of Southern Illinois University, the Board of Trustees of Chicago State University, the Board of Trustees of Eastern Illinois University, the Board of Trustees of Governors State University, the Board of Trustees of Illinois State University, the Board of Trustees of Northeastern Illinois University, the Board of Trustees of Northern Illinois University, the Board of Trustees of Western Illinois University, and the Illinois Community College Board; (6) the county board of a county; and (7) the trustees, commissioners, board members, or directors of a university, special district, authority or similar agency.

(Source: P.A. 93-205, eff. 1-1-04.)

Section 8.04. The Illinois Public Labor Relations Act is amended by changing Sections 5 and 15 as follows:

(5 ILCS 315/5) (from Ch. 48, par. 1605)

Sec. 5. Illinois Labor Relations Board; State Panel; Local Panel.

(a) There is created the Illinois Labor Relations Board. The Board shall be comprised of 2 panels, to be known as the State Panel and the Local Panel.

(a-5) The State Panel shall have jurisdiction over collective bargaining matters between employee organizations and the State of Illinois, excluding the General Assembly of the State of Illinois, between employee organizations and units of local government and school districts with a population not in excess of 2 million persons, and between employee organizations and the Metropolitan Mobility Regional Transportation Authority.

The State Panel shall consist of 5 members appointed by the Governor, with the advice and consent of the Senate. The Governor shall appoint to the State Panel only persons who have had a minimum of 5 years of experience directly related to labor and employment relations in representing public employers, private employers or labor organizations; or teaching labor or employment relations; or administering executive orders or regulations applicable to labor or employment relations. At the time of his or her appointment, each member of the State Panel shall be an Illinois resident. The Governor shall designate one member to serve as the Chairman of the State Panel and the Board.

Notwithstanding any other provision of this Section, the term of each member of the State Panel who was appointed by the Governor and is in office on June 30, 2003 shall terminate at the close of business on that date or when all of the successor members to be appointed pursuant to this amendatory Act of the 93rd General Assembly have been appointed by the Governor, whichever occurs later. As soon as possible, the Governor shall appoint persons to fill the vacancies created by this amendatory Act.

The initial appointments under this amendatory Act of the 93rd General Assembly shall be for terms as follows: The Chairman shall initially be appointed for a term ending on the 4th Monday in January, 2007; 2 members shall be initially appointed for terms ending on the 4th Monday in January, 2006; one member shall be initially appointed for a term ending on the 4th Monday in January, 2005; and one member shall be initially appointed for a term ending on the 4th Monday in January, 2004. Each subsequent member shall be appointed for a term of 4 years, commencing on the 4th Monday in January. Upon expiration of the term of office of any appointive member, that member shall continue to serve until a successor shall be appointed and qualified. In case of a vacancy, a successor shall be appointed to serve for the unexpired portion of the term. If the Senate is not in session at the time the initial appointments are made, the Governor shall make temporary appointments in the same manner successors are appointed to fill vacancies. A temporary appointment shall remain in effect no longer than 20 calendar days after the commencement of the next Senate session.

(b) The Local Panel shall have jurisdiction over collective bargaining agreement matters between employee organizations and units of local government with a population in excess of 2 million persons, but excluding the Metropolitan Mobility Regional Transportation Authority.

The Local Panel shall consist of one person appointed by the Governor with the advice and consent of the Senate (or, if no such person is appointed, the Chairman of the State Panel) and two additional members, one appointed by the Mayor of the City of Chicago and one appointed by the President of the Cook County Board of Commissioners. Appointees to the Local Panel must have had a minimum of 5 years of experience directly related to labor and employment relations in representing public employers, private employers or labor organizations; or teaching labor or employment relations; or administering executive orders or regulations applicable to labor or employment relations. Each member of the Local Panel shall be an Illinois resident at the time of his or her appointment. The member appointed by the Governor (or, if no such person is appointed, the Chairman of the State Panel) shall serve as the Chairman of the Local Panel.

Notwithstanding any other provision of this Section, the term of the member of the Local Panel who was appointed by the Governor and is in office on June 30, 2003 shall terminate at the close of business on that date or when his or her successor has been appointed by the Governor, whichever occurs later. As soon as possible, the Governor shall appoint a person to fill the vacancy created by this amendatory Act. The initial appointment under this amendatory Act of the 93rd General Assembly shall be for a term ending on the 4th Monday in January, 2007.

The initial appointments under this amendatory Act of the 91st General Assembly shall be for terms as follows: The member appointed by the Governor shall initially be appointed for a term ending on the 4th Monday in January, 2001; the member appointed by the President of the Cook County Board shall be initially appointed for a term ending on the 4th Monday in January, 2003; and the member appointed by the Mayor of the City of Chicago shall be initially appointed for a term ending on the 4th Monday in January, 2004. Each subsequent member shall be appointed for a term of 4 years, commencing on the 4th Monday in January. Upon expiration of the term of office of any appointive member, the member shall continue to serve until a successor shall be appointed and qualified. In the case of a vacancy, a successor shall be appointed by the applicable appointive authority to serve for the unexpired portion of the term.

(c) Three members of the State Panel shall at all times constitute a quorum. Two members of the Local Panel shall at all times constitute a quorum. A vacancy on a panel does not impair the right of the remaining members to exercise all of the powers of that panel. Each panel shall adopt an official seal which shall be judicially noticed. The salary of the Chairman of the State Panel shall be $82,429 per year, or as set by the Compensation Review Board, whichever is greater, and that of the other members of the State and Local Panels shall be $74,188 per year, or as set by the Compensation Review Board, whichever is greater.

(d) Each member shall devote his or her entire time to the duties of the office, and shall hold no other office or position of profit, nor engage in any other business, employment, or vocation. No member shall hold any other public office or be employed as a labor or management representative by the State or any political subdivision of the State or of any department or agency thereof, or actively represent or act on behalf of an employer or an employee organization or an employer in labor relations matters. Any member of the State Panel may be removed from office by the Governor for inefficiency, neglect of duty, misconduct or malfeasance in office, and for no other cause, and only upon notice and hearing. Any member of the Local Panel may be removed from office by the applicable appointive authority for inefficiency, neglect of duty, misconduct or malfeasance in office, and for no other cause, and only upon notice and hearing.

(e) Each panel at the end of every State fiscal year shall make a report in writing to the Governor and the General Assembly, stating in detail the work it has done in hearing and deciding cases and otherwise.

(f) In order to accomplish the objectives and carry out the duties prescribed by this Act, a panel or its authorized designees may hold elections to determine whether a labor organization has majority status; investigate and attempt to resolve or settle charges of unfair labor practices; hold hearings in order to carry out its functions; develop and effectuate appropriate impasse resolution procedures for purposes of resolving labor disputes; require the appearance of witnesses and the production of evidence on any matter under inquiry; and administer oaths and affirmations. The panels shall sign and report in full an opinion in every case which they decide.

(g) Each panel may appoint or employ an executive director, attorneys, hearing officers, mediators, fact-finders, arbitrators, and such other employees as it may deem necessary to perform its functions. The governing boards shall prescribe the duties and qualifications of such persons appointed and, subject to the annual appropriation, fix their compensation and provide for reimbursement of actual and necessary expenses incurred in the performance of their duties. The Board shall employ a minimum of 16 attorneys and 6 investigators.

(h) Each panel shall exercise general supervision over all attorneys which it employs and over the other persons employed to provide necessary support services for such attorneys. The panels shall have final authority in respect to complaints brought pursuant to this Act.

(i) The following rules and regulations shall be adopted by the panels meeting in joint session: (1) procedural rules and regulations which shall govern all Board proceedings; (2) procedures for election of exclusive bargaining representatives pursuant to Section 9, except for the determination of appropriate bargaining units; and (3) appointment of counsel pursuant to subsection (k) of this Section.

(j) Rules and regulations may be adopted, amended or rescinded only upon a vote of 5 of the members of the State and Local Panels meeting in joint session. The adoption, amendment or rescission of rules and regulations shall be in conformity with the requirements of the Illinois Administrative Procedure Act.

(k) The panels in joint session shall promulgate rules and regulations providing for the appointment of attorneys or other Board representatives to represent persons in unfair labor practice proceedings before a panel. The regulations governing appointment shall require the applicant to demonstrate an inability to pay for or inability to otherwise provide for adequate representation before a panel. Such rules must also provide: (1) that an attorney may not be appointed in cases which, in the opinion of a panel, are clearly without merit; (2) the stage of the unfair labor proceeding at which counsel will be appointed; and (3) the circumstances under which a client will be allowed to select counsel.

(1) The panels in joint session may promulgate rules and regulations which allow parties in proceedings before a panel to be represented by counsel or any other representative of the party's choice.

(m) The Chairman of the State Panel shall serve as Chairman of a joint session of the panels. Attendance of at least 2 members of the State Panel and at least one member of the Local Panel, in addition to the Chairman, shall constitute a quorum at a joint session. The panels shall meet in joint session at least annually.

(Source: P.A. 96-813, eff. 10-30-09.)

(5 ILCS 315/15) (from Ch. 48, par. 1615)

(Text of Section WITHOUT the changes made by P.A. 98-599, which has been held unconstitutional)

Sec. 15. Act Takes Precedence.

(a) In case of any conflict between the provisions of this Act and any other law (other than Section 5 of the State Employees Group Insurance Act of 1971 and other than the changes made to the Illinois Pension Code by this amendatory Act of the 96th General Assembly), executive order or administrative regulation relating to wages, hours and conditions of employment and employment relations, the provisions of this Act or any collective bargaining agreement negotiated thereunder shall prevail and control. Nothing in this Act shall be construed to replace or diminish the rights of employees established by Sections 4.14 through 4.18 of the Metropolitan Mobility Authority Act Sections 28 and 28a of the Metropolitan Transit Authority Act, Sections 2.15 through 2.19 of the Regional Transportation Authority Act. The provisions of this Act are subject to Section 5 of the State Employees Group Insurance Act of 1971. Nothing in this Act shall be construed to replace the necessity of complaints against a sworn peace officer, as defined in Section 2(a) of the Uniform Peace Officer Disciplinary Act, from having a complaint supported by a sworn affidavit.

(b) Except as provided in subsection (a) above, any collective bargaining contract between a public employer and a labor organization executed pursuant to this Act shall supersede any contrary statutes, charters, ordinances, rules or regulations relating to wages, hours and conditions of employment and employment relations adopted by the public employer or its agents. Any collective bargaining agreement entered into prior to the effective date of this Act shall remain in full force during its duration.

(c) It is the public policy of this State, pursuant to paragraphs (h) and (i) of Section 6 of Article VII of the Illinois Constitution, that the provisions of this Act are the exclusive exercise by the State of powers and functions which might otherwise be exercised by home rule units. Such powers and functions may not be exercised concurrently, either directly or indirectly, by any unit of local government, including any home rule unit, except as otherwise authorized by this Act.

(Source: P.A. 95-331, eff. 8-21-07; 96-889, eff. 1-1-11.)

Section 8.05. The State Employees Group Insurance Act of 1971 is amended by changing Section 2.5 as follows:

(5 ILCS 375/2.5)

Sec. 2.5. Application to Metropolitan Mobility Regional Transportation Authority Board members. Notwithstanding any other provision of this Act to the contrary, this Act does not apply to any member of the Regional Transportation Authority Board or the Metropolitan Mobility Authority Board who first becomes a member of either that Board on or after July 23, 2013 (the effective date of Public Act 98-108) with respect to service of either that Board.

(Source: P.A. 98-108, eff. 7-23-13; 98-756, eff. 7-16-14.)

Section 8.06. The State Officials and Employees Ethics Act is amended by changing Sections 1-5, 20-5, 20-10, 75-5, and 75-10 and by changing the heading of Article 75 as follows:

(5 ILCS 430/1-5)

Sec. 1-5. Definitions. As used in this Act:

"Appointee" means a person appointed to a position in or with a State agency, regardless of whether the position is compensated.

"Board members of Regional Development Authorities" means any person appointed to serve on the governing board of a Regional Development Authority.

"Board members of the Regional Transit Board Boards" means any person appointed to serve on the governing board of the Metropolitan Mobility Authority Board a Regional Transit Board.

"Campaign for elective office" means any activity in furtherance of an effort to influence the selection, nomination, election, or appointment of any individual to any federal, State, or local public office or office in a political organization, or the selection, nomination, or election of Presidential or Vice-Presidential electors, but does not include activities (i) relating to the support or opposition of any executive, legislative, or administrative action (as those terms are defined in Section 2 of the Lobbyist Registration Act), (ii) relating to collective bargaining, or (iii) that are otherwise in furtherance of the person's official State duties.

"Candidate" means a person who has filed nominating papers or petitions for nomination or election to an elected State office, or who has been appointed to fill a vacancy in nomination, and who remains eligible for placement on the ballot at either a general primary election or general election.

"Collective bargaining" has the same meaning as that term is defined in Section 3 of the Illinois Public Labor Relations Act.

"Commission" means an ethics commission created by this Act.

"Compensated time" means any time worked by or credited to a State employee that counts toward any minimum work time requirement imposed as a condition of employment with a State agency, but does not include any designated State holidays or any period when the employee is on a leave of absence.

"Compensatory time off" means authorized time off earned by or awarded to a State employee to compensate in whole or in part for time worked in excess of the minimum work time required of that employee as a condition of employment with a State agency.

"Contribution" has the same meaning as that term is defined in Section 9-1.4 of the Election Code.

"Employee" means (i) any person employed full-time, part-time, or pursuant to a contract and whose employment duties are subject to the direction and control of an employer with regard to the material details of how the work is to be performed or (ii) any appointed or elected commissioner, trustee, director, or board member of a board of a State agency, including any retirement system or investment board subject to the Illinois Pension Code or (iii) any other appointee.

"Employment benefits" include but are not limited to the following: modified compensation or benefit terms; compensated time off; or change of title, job duties, or location of office or employment. An employment benefit may also include favorable treatment in determining whether to bring any disciplinary or similar action or favorable treatment during the course of any disciplinary or similar action or other performance review.

"Executive branch constitutional officer" means the Governor, Lieutenant Governor, Attorney General, Secretary of State, Comptroller, and Treasurer.

"Gift" means any gratuity, discount, entertainment, hospitality, loan, forbearance, or other tangible or intangible item having monetary value including, but not limited to, cash, food and drink, and honoraria for speaking engagements related to or attributable to government employment or the official position of an employee, member, or officer. The value of a gift may be further defined by rules adopted by the appropriate ethics commission or by the Auditor General for the Auditor General and for employees of the office of the Auditor General.

"Governmental entity" means a unit of local government (including a community college district) or a school district but not a State agency, a Regional Transit Board, or a Regional Development Authority.

"Leave of absence" means any period during which a State employee does not receive (i) compensation for State employment, (ii) service credit towards State pension benefits, and (iii) health insurance benefits paid for by the State.

"Legislative branch constitutional officer" means a member of the General Assembly and the Auditor General.

"Legislative leader" means the President and Minority Leader of the Senate and the Speaker and Minority Leader of the House of Representatives.

"Member" means a member of the General Assembly.

"Officer" means an executive branch constitutional officer or a legislative branch constitutional officer.

"Political" means any activity in support of or in connection with any campaign for elective office or any political organization, but does not include activities (i) relating to the support or opposition of any executive, legislative, or administrative action (as those terms are defined in Section 2 of the Lobbyist Registration Act), (ii) relating to collective bargaining, or (iii) that are otherwise in furtherance of the person's official State duties or governmental and public service functions.

"Political organization" means a party, committee, association, fund, or other organization (whether or not incorporated) that is required to file a statement of organization with the State Board of Elections or a county clerk under Section 9-3 of the Election Code, but only with regard to those activities that require filing with the State Board of Elections or a county clerk.

"Prohibited political activity" means:

(1) Preparing for, organizing, or participating in any political meeting, political rally, political demonstration, or other political event.

(2) Soliciting contributions, including but not limited to the purchase of, selling, distributing, or receiving payment for tickets for any political fundraiser, political meeting, or other political event.

(3) Soliciting, planning the solicitation of, or preparing any document or report regarding any thing of value intended as a campaign contribution.

(4) Planning, conducting, or participating in a public opinion poll in connection with a campaign for elective office or on behalf of a political organization for political purposes or for or against any referendum question.

(5) Surveying or gathering information from potential or actual voters in an election to determine probable vote outcome in connection with a campaign for elective office or on behalf of a political organization for political purposes or for or against any referendum question.

(6) Assisting at the polls on election day on behalf of any political organization or candidate for elective office or for or against any referendum question.

(7) Soliciting votes on behalf of a candidate for elective office or a political organization or for or against any referendum question or helping in an effort to get voters to the polls.

(8) Initiating for circulation, preparing, circulating, reviewing, or filing any petition on behalf of a candidate for elective office or for or against any referendum question.

(9) Making contributions on behalf of any candidate for elective office in that capacity or in connection with a campaign for elective office.

(10) Preparing or reviewing responses to candidate questionnaires in connection with a campaign for elective office or on behalf of a political organization for political purposes.

(11) Distributing, preparing for distribution, or mailing campaign literature, campaign signs, or other campaign material on behalf of any candidate for elective office or for or against any referendum question.

(12) Campaigning for any elective office or for or against any referendum question.

(13) Managing or working on a campaign for elective office or for or against any referendum question.

(14) Serving as a delegate, alternate, or proxy to a political party convention.

(15) Participating in any recount or challenge to the outcome of any election, except to the extent that under subsection (d) of Section 6 of Article IV of the Illinois Constitution each house of the General Assembly shall judge the elections, returns, and qualifications of its members.

"Prohibited source" means any person or entity who:

(1) is seeking official action (i) by the member or officer or (ii) in the case of an employee, by the employee or by the member, officer, State agency, or other employee directing the employee;

(2) does business or seeks to do business (i) with the member or officer or (ii) in the case of an employee, with the employee or with the member, officer, State agency, or other employee directing the employee;

(3) conducts activities regulated (i) by the member or