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SPECIAL DISTRICTS - (70 ILCS 3615/) Regional Transportation Authority Act.
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(70 ILCS 3615/Art. V heading) ARTICLE V.
PROCEDURES AND MISCELLANEOUS PROVISIONS.
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(70 ILCS 3615/5.01) (from Ch. 111 2/3, par. 705.01)
Sec. 5.01. Hearings and Citizen Participation.
(a) The Authority shall provide for and encourage participation by the
public in the development and review of public transportation policy, and
in the process by which major decisions significantly affecting the
provision of public transportation are made. The Authority shall coordinate such public participation processes with the Chicago Metropolitan Agency for Planning to the extent practicable.
(b) The Authority shall hold such public hearings as may be required by
this Act or as the Authority may deem appropriate to the performance of any
of its functions. The Authority shall coordinate such public hearings with the Chicago Metropolitan Agency for Planning to the extent practicable.
(c) Unless such items are specifically provided for either in the
Five-Year Capital Program or in the annual budget program which has been the
subject of public hearings as provided in Sections 2.01 or 4.01 of this
Act, the Board shall hold public hearings at which citizens may be heard
prior to:
(i) the construction or acquisition of any public | ||
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(ii) the extension of, or major addition to services | ||
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(d) Unless such items are specifically provided for in the annual budget
and program which has been the subject of public hearing, as provided in
Section 4.01 of this Act, the Board shall hold public hearings at which
citizens may be heard prior to the providing for or allowing, by means of
any purchase of service agreement or any grant pursuant to Section 2.02 of
this Act, or so providing for or allowing
any discontinuance of any public transportation route, or major portion
thereof, which has been in service for more than a year.
(e) At least twenty days prior notice of any public hearing, as required
in this Section, shall be given by public advertisement in a newspaper of
general circulation in the metropolitan region.
(e-5) With respect to any increase in fares or charges
for public transportation, whether by the Authority or by any
Service Board or transportation agency, a public hearing must be held in each county in which the fare increase takes effect. Notice of the public hearing shall be given at least 20 days prior to the hearing and at least 30 days prior to the effective date of any fare increase. Notice shall be given by public advertisement in a newspaper of
general circulation in the metropolitan region and must also be sent to the Governor and to each member of the General Assembly whose district overlaps in whole or in part with the area in which the increase takes effect. The notice must state the date, time, and place of the hearing and must contain a description of the proposed increase. The notice must also specify how interested persons may obtain copies of any reports, resolutions, or certificates describing the basis upon which the increase was calculated. (f) The Authority may designate one or more Directors or may appoint one
or more hearing officers to preside over any hearing pursuant to this Act.
The Authority shall have the power in connection with any such hearing to
issue subpoenas to require the attendance of witnesses and the production
of documents, and the Authority may apply to any circuit court in the State
to require compliance with such subpoenas.
(g) The Authority may require any Service Board to hold one or more public hearings with respect to any item described in paragraphs (c), (d), and (e-5) of this Section 5.01, notwithstanding whether such item has been the subject of a public hearing under this Section 5.01 or Section 2.01 or 4.01 of this Act.
(Source: P.A. 95-708, eff. 1-18-08; 95-906, eff. 8-26-08.)
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(70 ILCS 3615/5.02) (from Ch. 111 2/3, par. 705.02)
Sec. 5.02.
Limitation on Home Rule Powers.
Insofar as this Act authorizes the Authority to take or authorize any
action notwithstanding or in lieu of any ordinance, rule, regulation or
power of any unit of local government; or provides that any unit of
local government restrictions are not effective with regard to the
Authority or provides that any power or action of any unit of local
government is subject to any power or action of the Authority, this Act
is an express limitation on the powers of home rule municipalities and
counties within the meaning of paragraph (g) of Section 6 of Article VII
of the Illinois Constitution. No such action by the Authority shall be
such a limit unless taken pursuant to an ordinance which is passed by at
least seven members of the Board and which specifically states that it is
a limit on the home rule unit; and provided further that this Act is not
a limit on the power of home rule units to license, tax, franchise or
regulate taxicabs except for services provided pursuant to purchase of
service agreements. Except as provided in this Section, this Act is not
a limit on any home rule unit.
(Source: P.A. 81-2nd S.S.-3.)
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(70 ILCS 3615/5.03) (from Ch. 111 2/3, par. 705.03) (Text of Section before amendment by P.A. 104-457) Sec. 5.03. Limitation on actions. The Authority shall not be liable in any civil action for any injury to any person or property for any acts or omissions of any transportation agency or unit of local government, as a result of the Authority making grants to or having a purchase of service agreement with such agency or unit of local government. Nothing in this Act, however, limits the power of the Authority in its purchase of service agreements to pay the cost of any such injuries. No civil action shall be commenced in any court against the Authority by any person on account of any wrongful death or for any injury to any person unless it is commenced within one year from the date that the cause of action accrued; provided, however, that the foregoing shall not limit a transportation agency in bringing a civil action to enforce its rights under a purchase of service agreement with the Authority. This amendatory Act of 1995 applies only to causes of action accruing on or after January 1, 1996.(Source: P.A. 89-109, eff. 1-1-96.) (Text of Section after amendment by P.A. 104-457) Sec. 5.03. Limitation on actions. The Authority shall not be liable in any civil action for any injury to any person or property for any acts or omissions of any Transportation Agency or unit of local government, as a result of the Authority making grants to or having a purchase of service agreement with such agency or unit of local government. Nothing in this Act, however, limits the power of the Authority in its purchase of service agreements to pay the cost of any such injuries. No civil action shall be commenced in any court against the Authority or a Service Board by any person on account of any wrongful death or for any injury to any person unless it is commenced within one year from the date that the cause of action accrued; provided, however, that the foregoing shall not limit a Transportation Agency in bringing a civil action to enforce its rights under a purchase of service agreement with the Authority. This amendatory Act of 1995 applies only to causes of action accruing on or after January 1, 1996.(Source: P.A. 104-457, eff. 6-1-26.) |
(70 ILCS 3615/5.04) (from Ch. 111 2/3, par. 705.04)
Sec. 5.04.
Severability.
If any Section, sentence, clause or provision of this Act or any
application thereof to any person or circumstance is for any reason held
invalid or unconstitutional, such invalidity or unconstitutionality shall
not affect the validity or constitutionality of the other provisions or
applications of this Act which can be given effect without the invalid or
unconstitutional application or provision, and to this end the provisions
of this Act are declared to be severable.
(Source: P.A. 78-3rd S.S.-5.)
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(70 ILCS 3615/5.05) (from Ch. 111 2/3, par. 705.05) (Text of Section before amendment by P.A. 104-457) Sec. 5.05. 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 and the Suburban Bus Division in that County, the Secretary of such 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 or not the County shall opt out; and if a majority of the voters voting upon the proposition is in favor of terminating the powers of the Authority and the Suburban Bus Division those powers shall be terminated. The form of the ballot to be used at the referendum shall be substantially as follows: Shall ..... County Terminate the Powers of the Regional Transportation YES Authority and the Suburban Bus Division in .... County NO on ..... (date) If a majority of the voters vote in favor of terminating the powers of the Authority and the Suburban Bus Division then all of the powers of the Authority and the Suburban Bus Division shall terminate in such county except those powers and functions which the Authority determines to be necessary to exercise with regard to: (i) public transportation by commuter rail, and | ||
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(ii) public transportation other than by commuter | ||
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(iii) public transportation other than by commuter | ||
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(b) The termination of the powers of the Authority and the Suburban Bus Division referred to in paragraph (a) of this Section with respect to any County shall occur on approval of the referendum by the electors provided on or prior to the date of such termination, such County shall have: (i) assumed the obligations of the Authority under | ||
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(ii) agreed to indemnify and hold harmless the | ||
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(iii) taken or caused to be taken all necessary | ||
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(c) Following an election to terminate the powers of the Authority and the Suburban Bus Division at a referendum held under paragraph (a) of this Section the County Board shall notify the Authority of the results of the referendum which notice shall specify a termination date, which is the last day of the calendar month, but no earlier than December 31, 1984. 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, provided that the requirements of this Section have been met. (d) The proceeds of taxes imposed by the Authority under Sections 4.03 and 4.03.1 collected after the termination date within a County wherein the powers of the Authority and the Suburban Bus Division have been terminated under this Section shall be provided by the Authority to the Commuter Rail Board to support services under the jurisdiction of the Commuter Rail Board which are attributable to that County, as determined by the Commuter Rail Board. 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 general transportation purposes in accordance with law. If no services under the jurisdiction of the Commuter Rail Board are provided in a County wherein 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 general transportation purposes in accordance with law. The Authority or the Suburban Bus Division has no obligation to see that the funds expended under this paragraph by the County are spent for general transportation purposes in accordance with law.(Source: P.A. 83-885; 83-886.) (Text of Section after amendment by P.A. 104-457) Sec. 5.05. 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 and the Suburban Bus Division in that County, the Secretary of such 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 or not the County shall opt out; and if a majority of the voters voting upon the proposition is in favor of terminating the powers of the Authority and the Suburban Bus Division those powers shall be terminated. The form of the ballot to be used at the referendum shall be substantially as follows: Shall ..... County Terminate the Powers of the YES Authority and the Suburban Bus Division in .... County NO on ..... (date) If a majority of the voters vote in favor of terminating the powers of the Authority and the Suburban Bus Division then all of the powers of the Authority and the Suburban Bus Division shall terminate in such county except those powers and functions which the Authority determines to be necessary to exercise with regard to: (i) public transportation by commuter rail, and | ||
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(ii) public transportation other than by commuter | ||
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(iii) public transportation other than by commuter | ||
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(b) The termination of the powers of the Authority and the Suburban Bus Division referred to in paragraph (a) of this Section with respect to any County shall occur on approval of the referendum by the electors provided on or prior to the date of such termination, such County shall have: (i) assumed the obligations of the Authority under | ||
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(ii) agreed to indemnify and hold harmless the | ||
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(iii) taken or caused to be taken all necessary | ||
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(c) Following an election to terminate the powers of the Authority and the Suburban Bus Division at a referendum held under paragraph (a) of this Section the County Board shall notify the Authority of the results of the referendum which notice shall specify a termination date, which is the last day of the calendar month, but no earlier than December 31, 1984. 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, provided that the requirements of this Section have been met. (d) The proceeds of taxes imposed by the Authority under Sections 4.03 and 4.03.1 collected after the termination date within a County wherein the powers of the Authority and the Suburban Bus Division have been terminated under this Section shall be provided by the Authority to the Commuter Rail Board to support services under the jurisdiction of the Commuter Rail Board which are attributable to that County, as determined by the Commuter Rail Board. 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 general transportation purposes in accordance with law. If no services under the jurisdiction of the Commuter Rail Board are provided in a County wherein 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 general transportation purposes in accordance with law. The Authority or the Suburban Bus Division has no obligation to see that the funds expended under this paragraph by the County are spent for general transportation purposes in accordance with law.(Source: P.A. 104-457, eff. 6-1-26.) |
(70 ILCS 3615/5.06) Sec. 5.06. Greater Chicago Mass Transit Transparency and Accountability Portal (CHI-TAP). (a) The Authority, within 12 months after the effective date of this amendatory Act of the 98th General Assembly, shall establish and maintain a website, known as the Greater Chicago Mass Transit Transparency and Accountability Portal (CHI-TAP), and shall be tasked with compiling and updating the CHI-TAP database with information received from the Authority and all of its Service Boards. (b) For purposes of this Section: "Contracts" means payment obligations with vendors on | ||
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"Recipients" means the Authority or any of its | ||
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(c) The CHI-TAP shall provide direct access to each of the following: (1) A database of all current employees of the | ||
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(i) Name. (ii) Employing entity. (iii) Employing division or department. (iv) Employment position title. (v) Current base salary or hourly rate and | ||
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(2) A database of all current Authority expenditures, | ||
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(3) A database of all Authority and Service Board | ||
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(4) A database of all employees of the Authority and | ||
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(i) Name. (ii) Employing entity. (iii) Employing division. (iv) Employment position title. (v) Current base salary or hourly rate and | ||
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(vi) County of employment location. (vii) Status of position including, but not | ||
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(viii) Employment status including, but not | ||
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(ix) Status as a military veteran. (5) A database of publicly available accident-related | ||
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(d) The CHI-TAP shall include all information required to be published by subsection (c) of this Section that is available to the Authority in a format the Authority can compile and publish on the CHI-TAP. The Authority shall update the CHI-TAP within 30 days as additional information becomes available in a format that can be compiled and published on the CHI-TAP by the Authority. (e) Each Service Board shall cooperate with the Authority in furnishing the information necessary for the implementation of this Section within a timeframe specified by the Authority. (f) The Authority and its Service Boards are independently responsible for the accuracy of the specific information provided by each agency to be displayed on CHI-TAP.
(Source: P.A. 98-1027, eff. 1-1-15.) |
(70 ILCS 3615/5.10) Sec. 5.10. (Repealed).(Source: P.A. 102-1028, eff. 5-27-22. Repealed internally, eff. 1-1-25.) |
(70 ILCS 3615/5.15) (Text of Section before amendment by P.A. 104-457) Sec. 5.15. Rail safety recommendation report. The Regional Transportation Authority, the Chicago Transit Authority, and the Commuter Rail Division shall issue an annual report on or before December 31 of each year containing all rail safety recommendations made by the National Transportation Safety Board during the previous 12 months and the status of the Regional Transportation Authority's, the Chicago Transit Authority's, and the Commuter Rail Division's implementation of those recommendations, including for any recommendations within the Regional Transportation Authority's extra-territorial authority, if any. The reports shall be made publicly available on the Regional Transportation Authority's website.
(Source: P.A. 103-640, eff. 7-1-24.) (Text of Section after amendment by P.A. 104-457) Sec. 5.15. Rail safety recommendation report. The Authority, the Chicago Transit Authority, and the Commuter Rail Division shall issue an annual report on or before December 31 of each year containing all rail safety recommendations made by the National Transportation Safety Board during the previous 12 months and the status of the Authority's, the Chicago Transit Authority's, and the Commuter Rail Division's implementation of those recommendations, including for any recommendations within the Authority's extraterritorial authority, if any. The reports shall be made publicly available on the Authority's website.(Source: P.A. 103-640, eff. 7-1-24; 104-457, eff. 6-1-26.) |
(70 ILCS 3615/5.17) (This Section may contain text from a Public Act with a delayed effective date) Sec. 5.17. Diversity reporting. (a) As used in this Section: "Minority person" has the meaning given to that term in the Business Enterprise for Minorities, Women, and Persons with Disabilities Act. "Person with a disability" has the meaning given to that term in the Business Enterprise for Minorities, Women, and Persons with Disabilities Act. "Qualified veteran-owned small business" has the meaning given to that term in Section 45-57 of the Illinois Procurement Code. "Small business" has the meaning given to that term in Section 45-57 of the Illinois Procurement Code. "Veteran" has the meaning given to that term in Section 45-57 of the Illinois Procurement Code. "Woman" has the meaning given to that term in the Business Enterprise for Minorities, Women, and Persons with Disabilities Act. (b) All construction contractors who contract with the Authority or a Service Board shall report to the Authority regarding the diversity of its employees, apprenticeship hours, and its spending. Reports must contain data providing: (1) the number of women, minority persons, persons | ||
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(2) the apprenticeship hours performed by women, | ||
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(3) the spending for women-owned, minority-owned, | ||
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Reports shall express the percentage of the total work performed on Authority projects by the construction contractor submitting the report, the total apprenticeship hours and percentage of apprenticeship hours performed by women, minority persons, and veterans, and the actual spending and percentage of spending by the construction contractor for all women-owned, minority-owned, qualified veteran-owned small business, and small business enterprises. (c) The construction contractor shall submit a diversity report to the Board of the Authority annually on the anniversary of the contract. The Authority shall publish each diversity report on its website.
(Source: P.A. 104-457, eff. 6-1-26.) |
(70 ILCS 3615/5.20) (This Section may contain text from a Public Act with a delayed effective date) Sec. 5.20. Performance review and removal for cause. (a) The Authority shall conduct a performance review of the Executive Director of each Service Board once each year. As part of this review, the Executive Director shall appear before the Board to discuss the initial findings of the review. At the conclusion of the review, the Authority shall provide feedback to the Executive Director. The review shall consider, at minimum: (1) performance of public transportation service | ||
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(2) any findings of the most recent general | ||
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(3) any findings of audits conducted by the Chief | ||
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(4) Service Board compliance with the Service Plan, | ||
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(b) The Authority may also review allegations of misconduct or other wrongdoing by the Executive Director. The Authority shall provide the Executive Director with written notice of any allegations and a reasonable opportunity to be heard in person or by counsel in reference thereto. The Authority shall establish rules to implement this Section. (c) The Authority shall remove the Executive Director of the Commuter Rail Division, Suburban Bus Division, or Chicago Transit Division (i) upon a showing of just cause, or following an annual performance review in which the Authority determines that the Executive Director led the Division to fail to comply with the Service Plan, 5-Year Capital Program, Annual Budget, or 2-Year Financial Plan approved by the Authority and (ii) a supermajority vote. Upon a vote to remove an Executive Director, a schedule that shall permit an orderly transition in that office may be instituted. For the purposes of this Section, "just cause" means any egregious act or omission, including, but not limited to, malfeasance, nonfeasance, gross misconduct or criminal conduct which impairs the individual's ability to fulfill their duties and obligations, or for actions taken that violate the terms of this Act.
(Source: P.A. 104-457, eff. 6-1-26.) |
(70 ILCS 3615/5.25) (This Section may contain text from a Public Act with a delayed effective date) Sec. 5.25. Dial-a-ride service program. (a) As used in this Section, "local dial-a-ride service" or "DAR service" means a door-to-door transportation service, other than that mandated by the Americans with Disabilities Act, that is operated by a Service Board or other unit of local government within the service area of the Authority and that allows passengers to request pick-up and drop-off by telephone or other means and does not follow a fixed route. (b) A hired third party shall work in collaboration with the Authority, Service Boards, counties, and townships that operate dial-a-ride services to evaluate existing dial-a-ride programs and create recommendations for coordinated service across the region. The recommendations shall consider coordination with existing dial-a-ride service and fixed-route service operated by the Service Boards and potential expansion of fixed-route service operated by the Service Boards. The Authority shall work with the Service Boards, counties, and townships that operate dial-a-ride services to implement the recommendations following an affirmative vote of the Board of the Authority. (c) After the recommendations have been completed, the Authority may establish a DAR service program policy and authorize the deposit of Authority moneys into a DAR Service Program Fund. Amounts on deposits in the fund and interest and other earnings on those amounts may be used by the Authority, with the approval of its Directors, for: (1) operating cost assistance up to a maximum of 80% | ||
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(2) capital cost assistance for vehicles and | ||
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(3) payment of Authority staff deployed to help | ||
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(4) payment of capital costs incurred by the | ||
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(d) If the Board creates a DAR service program policy that provides guidance on what DAR services provided by units of local government are eligible for Authority support under the DAR service program policy, then the DAR service program policy shall include: (1) the level of operating and capital subsidies | ||
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(2) eligibility criteria for units of local | ||
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(3) a description of technical support the Authority | ||
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(4) a description of how units of local government | ||
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(5) requirements that DAR services must be consistent | ||
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(6) the requirements for integration of a DAR service | ||
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(7) standardized hours of operation, rider | ||
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(8) Authority funding support levels tied to | ||
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(9) requirements of any limitations on the provision | ||
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(10) standardized forms of agreements between the | ||
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(e) The Authority shall not provide operating or capital funding for a DAR service that does not meet the requirements of the DAR service program policy. (f) To better inform and implement the DAR service program, the Authority shall establish a DAR Service Coordination Council consisting of officials from each of the county departments of transportation in the metropolitan region as well as a diverse set of representatives from other local units of government, social service providers, and other community stakeholders. The Coordination Council shall advise the Authority on DAR service program policies and shall assist the Authority in improving DAR service quality, coordination, and consistency throughout the metropolitan region. (g) The Authority may establish a DAR Service Board to effectuate the goals and requirements of this Section. (h) If the Authority creates a DAR program, then the Authority shall address DAR service issues and its DAR service program policy in its Strategic Plan and in its other plans and programs.
(Source: P.A. 104-457, eff. 6-1-26.) |
(70 ILCS 3615/5.30) (This Section may contain text from a Public Act with a delayed effective date) Sec. 5.30. Northern Illinois Transit Authority Executive Director performance evaluation. The Board shall conduct an annual evaluation, each fiscal year, of the Northern Illinois Transit Authority Executive Director. At the conclusion of the review, the Board shall provide feedback to the Executive Director. The review shall consider, at minimum: (1) performance of public transportation service | ||
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(2) any relevant findings of audits conducted by the | ||
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(3) any findings of the most recent general | ||
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(Source: P.A. 104-457, eff. 6-1-26.) |
(70 ILCS 3615/Art. VI heading) ARTICLE VI. SERVICE
(Source: P.A. 104-457, eff. 6-1-26.) |
(70 ILCS 3615/6.01) (This Section may contain text from a Public Act with a delayed effective date) Sec. 6.01. Service standards. (a) The Authority shall adopt service standards to guide the provision of public transportation throughout the metropolitan region. (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 populations and metropolitan economies comparable to 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. Consideration shall be given to vehicle revenue hours, vehicle revenue miles, passenger miles traveled, and unlinked passenger trips. (d) 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. The Authority shall develop weights for each metric and a scoring system to determine transit propensity. (e) 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 are not limited to: (1) streetcars; (2) light rail; (3) full-scale bus rapid transit; (4) a transition from commuter rail to regional rail | ||
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(5) electrified versions of current combustion engine | ||
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(f) A unit of local government may petition the Authority to increase the level of transit service provided above what would otherwise be provided through the service standards. The Authority may develop plans and policies to assist units of local government in identifying corridors where additional service could be provided. (g) 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. (h) Service standards and transit propensity thresholds shall be developed, adopted by the board of directors, and implemented by December 31, 2027. (1) The development of such standards shall be done | ||
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(2) In developing and evaluating the service | ||
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(3) After service standards are implemented, the | ||
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(4) The Board shall review and make adjustments to | ||
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(i) Until December 31, 2030, this Section shall only apply to revenue generated by taxes under Section 4.03 and any funds distributed to the Service Boards based on Section 4.03.3. (j) Until December 31, 2030, the amount of funding distributed to each Service Board under this Section shall be, at a minimum, equal to the amount of funding distributed in 2025 under Section 4.03.3 to each Service Board. If the revenue generated under Section 4.03.03 in a year is below that of 2025, then the amount of funding distributed to each Service Board under this Section shall be reduced proportionally. (k) Following the implementation of service standards, the Authority and the Service Boards, their chief executive officers, and other employees as required shall, upon request of the General Assembly, attend a minimum of one hearing annually before an appropriations committee and a substantive committee of the House of Representatives and an appropriations committee and a substantive committee of the Senate regarding the implementation and efficacy of service standards and other issues as requested. These hearings may be conducted in Chicago or Springfield or any other location selected by the General Assembly. (l) The Authority shall compile and publish reports comparing the actual public transportation system performance measured against the service standards. The performance measures shall include customer-related performance data measured by line, route, or subregion, as determined by the Authority, including, but not limited to: (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. The Service Boards shall prepare and submit to the Authority the reports with regard to these performance measures in the frequency and form required by the Authority. The Authority shall compile and publish the reports on its website on a regular basis, no less than monthly. The Authority shall implement consistent data reporting standards. (m) The service standards and performance measures shall not be used as a basis for disciplinary action against any employee of the Authority or a Service Board, except to the extent that the collective bargaining agreements and employment and disciplinary practices of the Authority or the relevant Service Board provide for the action.
(Source: P.A. 104-457, eff. 6-1-26.) |
(70 ILCS 3615/Art. VII heading) ARTICLE VII. INTERNAL AUDIT
(Source: P.A. 104-457, eff. 6-1-26.) |
(70 ILCS 3615/7.01) (This Section may contain text from a Public Act with a delayed effective date) Sec. 7.01. Chief Internal Auditor. (a) The Board of the Authority shall appoint a Chief Internal Auditor, who shall report directly to the Board. The Chief Internal Auditor shall: (1) have earned a baccalaureate degree from an | ||
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(2) be a certified internal auditor, certified public | ||
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(3) have not been convicted of any felony under the | ||
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The term of the Chief Internal Auditor shall be 5 years. The initial appointment shall be made within 180 days after the effective date of this amendatory Act of the 104th General Assembly. A Chief Internal Auditor may be reappointed to one or more subsequent terms. A Chief Internal Auditor may only be removed for cause. Cause for removal includes incompetence, neglect of duty, malfeasance in office, and violation of the prohibitions of subsection (d). A vacancy occurring during a term shall be filled with a 5-year appointment. (b) The Chief Internal Auditor appointed by the Board of the Authority shall have jurisdiction over the Commuter Rail Division, the Suburban Bus Division, the Chicago Transit Authority, and all officers and employees of, and vendors and others doing business with, the Authority and the Service Boards. The Chief Internal Auditor has jurisdiction over the Authority and the Service Boards to make post audits and investigations authorized by or under this Act. (c) The Chief Internal Auditor shall: (1) direct the internal audit functions and | ||
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(2) prepare audit reports and assess program goals, | ||
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(3) be responsible for the preparation of an annual | ||
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(4) follow-up on findings in internal and external | ||
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(5) coordinate external audit request and report | ||
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(6) immediately refer possible violations of the | ||
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(7) perform other duties as required by law or | ||
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(d) The Chief Internal Auditor or any deputy internal auditor may not: (1) become a candidate for any elective public office; (2) hold any other public office, by appointment or | ||
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(3) hold any other employment; (4) be actively involved in the affairs of any | ||
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(5) actively participate in any political campaign | ||
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(6) actively participate in any campaign relating to | ||
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(7) hold any legal, equitable, creditor, or debt | ||
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(8) have any direct or indirect financial or economic | ||
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(9) conduct or supervise a post audit of any outside | ||
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(10) make or report publicly any charges of | ||
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(e) The Chief Internal Auditor may hire employees as may be necessary and appropriate to carry out the Chief Internal Auditor's duties, including Deputy Internal Auditors. The Chief Internal Auditor may determine the duties of all employees and may delegate the Chief Internal Auditor's power and authority to deputy internal auditors. (f) The Chief Internal Auditor may contract with certified public accountants licensed in Illinois, qualified management consultants, attorneys licensed in this State, and other persons or firms necessary to carry out the Chief Internal Auditor's duties. The Chief Internal Auditor may designate any person with whom the Chief Internal Auditor contracts as a special assistant auditor for the purpose of conducting a post audit or investigation under the Chief Internal Auditor's supervision. The Chief Internal Auditor may delegate the Chief Internal Auditor's powers and authority respecting post audits and investigations to special assistant auditors other than the power of subpoena, but any delegation of authority to administer oaths or take depositions must be made in writing and limited to a particular audit or investigation. (g) The Chief Internal Auditor shall conduct a financial audit, a compliance audit, or other attestation engagement, as is appropriate to the Authority's operations under generally accepted government auditing standards, of each Authority agency at least once during every biennium. The general direction and supervision of the financial audit program may be delegated only to an individual who is a certified public accountant and a payroll employee under the control of the Chief Internal Auditor. In the conduct of financial audits, compliance audits, and other attestation engagements, the Chief Internal Auditor may inquire into and report upon matters properly within the scope of a performance audit, provided that the inquiry shall be limited to matters arising during the ordinary course of the financial audit. (h) The Chief Internal Auditor shall conduct a performance audit of an agency of the Authority when directed by the Board of the Authority. The directive may: (1) require the Chief Internal Auditor to examine and | ||
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(2) in the case of a program audit, set forth | ||
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(3) be directed at particular procedures or functions | ||
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(4) require an examination and report upon specific | ||
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(i) The Chief Internal Auditor may initiate and conduct a special audit whenever the Chief Internal Auditor determines it to be in the public interest. (j) The Chief Internal Auditor may initiate and conduct an economy and efficiency audit of an agency or program of the Authority whenever the findings of a post audit indicate that an economy and efficiency audit is advisable or in the public interest, if the Chief Internal Auditor has given the Board of the Authority at least 30 days prior notice of the Chief Internal Auditor's intention to conduct the audit and the Board of the Authority has not disapproved of that audit. (k) The Chief Internal Auditor may, at any time, make an informal inquiry of any agency of the Authority concerning its obligation, receipt, expenditure, or use of Authority funds or other public funds, but an internal inquiry may not be in the nature of an investigation or post audit. (l) The Chief Internal Auditor may adopt rules establishing post audit standards consistent with attestation standards and auditing standards issued by the American Institute of Certified Public Accountants (AICPA), related AICPA Statements on Standards for Attestation Engagements, and in accordance with generally accepted government auditing standards current at the time the audit is commenced. (m) The Authority and the Service Boards, their officers, and their employees shall promptly comply with, and aid and assist the Chief Internal Auditor in the exercise of the Chief Internal Auditor's powers and duties under this Section. At the request of the Chief Internal Auditor, each agency of the Authority shall, without delay, make available to the Chief Internal Auditor or the Chief Internal Auditor's designated representative any record or information requested and shall provide for examination or copying all records, accounts, papers, reports, vouchers, correspondence, books, and other documentation in the custody of that agency, including information stored in electronic data processing systems, which is related to or within the scope of any audit or investigation under this Section. The Chief Internal Auditor shall report to the Board of the Authority each instance in which an agency of the Authority fails to cooperate promptly and fully as required by this Section. The Chief Internal Auditor may institute and maintain any action or proceeding to secure compliance with this Section. (n) Upon completion of any audit, the Chief Internal Auditor shall issue an audit report that shall include: a precise statement of the scope of the audit or review; a statement of the material findings resulting from the audit; a statement of the underlying cause, evaluative criteria used, and the current and prospective significance thereof; and a statement of explanation or rebuttal that may have been submitted by the agency audited relevant to the audit findings included in the report. As part of this report the Chief Internal Auditor shall prepare a signed digest of the significant matters of the report and, as may be applicable, a concise statement of: (1) any actions taken or contemplated by persons or | ||
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(2) any actions the Chief Internal Auditor considers | ||
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(3) any other information the Chief Internal Auditor | ||
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All audit reports shall be maintained in the Office of the Chief Internal Auditor as a public record, except to the extent that information contained in the report is made confidential or privileged by law. If the post audit of an agency of the Authority discloses an apparent violation of a penal statute or an apparent instance of misfeasance, malfeasance, or nonfeasance, by any person, relating to the obligation, expenditure, receipt, or use of public funds, the Chief Internal Auditor shall immediately make a written report to the Board of the Authority stating that to be the case and setting forth the underlying facts that have led to that conclusion. (o) By March 1, each year, the Chief Internal Auditor shall submit to the Board of the Authority an annual report summarizing all audits, investigations, and special studies made under this Section during the last preceding calendar year. The Chief Internal Auditor shall prepare and distribute other reports as may be required by the Board of the Authority. (p) If records or information are classified as confidential under law, then the records or information shall be disclosed to the Office of the Chief Internal Auditor as necessary and to the extent required for the performance of an authorized post audit. Federal tax information shall only be provided in accordance with federal law and regulations applicable to the safeguarding of federal tax information. Confidential records or information disclosed to the Office of the Chief Internal Auditor shall be subject to the same legal confidentiality and protective restrictions in the Office of the Chief Internal Auditor as the records and information have in the hands of the official authorized custodian. Any penalties applicable to the officially authorized custodian or the custodian's employees for the violation of any confidentiality or protective restrictions applicable to the records or information shall also apply to the officers, employees, contractors, and agents of the Office of the Chief Internal Auditor. The Office of the Chief Internal Auditor may not publish any confidential information or records in any report, including data and statistics, if the information as published is directly or indirectly matchable to any individual. Inside the Office of the Chief Internal Auditor, confidential records or information may be used only for official purposes. Any officer, employee, contractor, or agent of the Office of the Chief Internal Auditor who violates any legal confidentiality or protective restriction governing any records or information shall be guilty of a Class A misdemeanor unless a greater penalty is otherwise provided by law.
(Source: P.A. 104-457, eff. 6-1-26.) |
(70 ILCS 3615/7.02) (This Section may contain text from a Public Act with a delayed effective date) Sec. 7.02. Transition. (a) The Authority shall provide for an orderly transition of functions and responsibilities under this amendatory Act of the 104th General Assembly through the development of a transition plan. As soon as is reasonably feasible after the effective date of this amendatory Act of the 104th General Assembly and before September 1, 2026, the Department of Transportation shall enter into a contract with a third party to assist with the transition plan, including the transition of certain functions between the Service Boards and the Authority. This contract shall also include a study of the functions outlined in subsection (e) to inform the optimum allocation of those functions to allow for the efficient exercise by the Authority of the powers under this Act and the Chicago Transit Authority Act, the Suburban Bus Division under Article 3A, the Commuter Rail Division under Article 3B, and the Chicago Transit Authority under the Chicago Transit Authority Act. (b) To assist the contracted third party and the Authority, a Transition Working Group shall be established and supported by the Authority that shall be consulted throughout the transition process. (1) The Transition Working Group shall be made up of | ||
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(2) The Transition Working Group shall meet regularly | ||
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(3) As needed, the Transition Working Group shall | ||
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(4) The Authority shall appoint the members of the | ||
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(c) The Service Boards shall work closely with the Authority and provide all relevant data and information necessary to complete the transition plan. The Authority shall have access to and the right to examine and copy all books, documents, papers, records, or other source data of a Service Board relevant to any information submitted under this Section. (d) The Authority shall evaluate and propose a transition plan for each of the following: (1) Establishing a new process and coordination | ||
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(2) The creation of a universal fare instrument and | ||
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(3) The transition from the NITA Law Enforcement Task | ||
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(e) As part of the development of the transition plan, the Authority and the hired third party shall evaluate the existing policy processes performed by the Authority and each of the Service Boards and develop a process for efficient and effective operations by both the Authority and the Service Boards. (f) As part of the development of the transit plan, the hired third party shall evaluate procurement, with special consideration given to the consolidation of bulk fuel purchases, information technology services, consulting contracts, and subscriptions of: (1) service planning; (2) grant administration; (3) marketing; (4) lobbying; (5) communications, media, and graphics design; (6) governmental and legislative affairs; and (7) information technology. (g) The hired third party shall evaluate existing paratransit programs and produce recommendations for improved coordination and service. The recommendations may include, but are not limited to, improved coordination of paratransit and accessible mainline transportation services, and other measures to improve the customer and worker experience. These recommendations shall be brought to the Board by January 1, 2027 for review and approval. The Authority shall take action on these recommendations no later than April 1, 2027 and report back to the Board with progress January 1, 2028. (h) The Authority shall regularly report to the Board on the status of the transition effort and make recommendations for Board policies and actions. The Authority and the hired third party shall prepare and convey a summary of its activities and produce a final report of the transition activities already performed, future recommendations, and relevant data for the General Assembly by July 1, 2027. (i) The Authority shall implement the provisions of the transition plan by ordinance no later than July 1, 2027, notwithstanding any deadlines provided in this Section, and the Service Boards shall take any corresponding actions required.
(Source: P.A. 104-457, eff. 6-1-26.) |
(70 ILCS 3615/7.03) (This Section may contain text from a Public Act with a delayed effective date) Sec. 7.03. ADA Advisory Council. (a) There is established an ADA Advisory Council. The Board shall appoint at least 5 and not more than 15 members to the ADA Advisory Council. (b) The purpose of the ADA Advisory Council is to advise the Board of the Authority of the impact of Authority policies, programs, and public transportation services on disabled transit riders within the metropolitan region and to make recommendations for how to improve public transportation in the metropolitan region. (c) The Board shall strive to assemble an ADA Advisory Council 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 of the region in a strong public transportation system. (d) ADA Advisory Council members shall be appointed to terms of 5 years, may be reappointed to serve multiple terms, and may continue to serve after expiration of their terms until their successors are appointed. (e) The members of the ADA Advisory Council shall elect a Chair, who shall preside over meetings, which shall occur monthly or on such other schedule as is set by vote of the ADA Advisory Council and shall establish meeting agendas in consultation with fellow ADA Advisory Council members and the Authority. (f) Meetings of the ADA Advisory Council shall be held in compliance with the Open Meetings Act, and the public shall be given an opportunity to attend and comment on matters pertaining to the work of the ADA Advisory Council. (g) The Authority shall designate one or more staff liaisons to provide technical support for the ADA Advisory Council and to facilitate direct communication between the ADA Advisory Council and those in the Authority responsible for delivering public transportation services. (h) The ADA Advisory Council shall: (1) review and comment on proposed Authority budgets, | ||
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(2) convey concerns pertaining to the quality, | ||
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(3) assess the efficacy of Authority initiatives to | ||
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(4) prepare and convey recommendations to the | ||
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(5) serve as a resource for connecting disabled | ||
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(6) advocate for funding, policies, and laws that | ||
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(7) serve as a resource for Authority staff to | ||
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(i) The Authority shall provide adequate technical support so the ADA Advisory Council can function effectively, provide regular briefing on service delivery issues and other topics of interest for transit riders, make staff responsible for delivery of public transportation services accessible to the ADA Advisory Council, give the ADA Advisory Council sufficient information and time to comment on proposed plans and policies, and take into account the comments and recommendations of the ADA Advisory Council before taking action on initiatives that impact public transit riders. (j) The Authority shall establish an Office of Disability of Policy and Planning, whose initial responsibilities shall include developing ADA-related training standards, complaint and comment procedures, paratransit eligibility criteria, and a regional Transit Accessibility Plan in collaboration with the ADA Advisory Committee. (k) Members of the ADA Advisory Council shall serve without compensation but shall be entitled to reimbursement of reasonable and necessary costs incurred in the performance of their duties. (l) ADA Advisory Council members are subject to public transportation usage requirements applicable to Directors.
(Source: P.A. 104-457, eff. 6-1-26.) |
(70 ILCS 3615/7.04) (This Section may contain text from a Public Act with a delayed effective date) Sec. 7.04. Riders Advisory Council. (a) There is established a Riders Advisory Council. The Board shall appoint at least 5 and not more than 15 members to the Riders Advisory Council. (b) The purpose of the Riders Advisory Council is to advise the Board of the Authority on the impact of Authority policies, programs, and public transportation services on transit riders within the metropolitan region and to make recommendations for how to improve public transportation in the metropolitan region. (c) The Board shall strive to assemble a Riders Advisory Council 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 of the region in a strong public transportation system. (d) Members of the Riders Advisory Council shall be appointed to terms of 5 years, may be reappointed to serve multiple terms, and may continue to serve after expiration of their terms until their successors are appointed. (e) The members of the Riders Advisory Council shall elect a Chair, who shall preside over meetings, which shall occur monthly or on such other schedule as is set by vote of the Riders Advisory Council, and shall establish meeting agendas in consultation with fellow Riders Advisory Council members and the Authority. (f) Meetings of the Riders Advisory Council shall be held in compliance with the Open Meetings Act, and the public shall be given an opportunity to attend and comment on matters pertaining to the work of the Riders Advisory Council. (g) The Authority shall designate one or more staff liaisons to provide technical support for the Riders Advisory Council and to facilitate direct communication between the Riders Advisory Council and those in the Authority responsible for delivering public transportation services. (h) The Riders Advisory Council shall: (1) review and comment on proposed Authority budgets, | ||
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(2) convey rider concerns pertaining to the quality, | ||
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(3) assess the efficacy of Authority initiatives to | ||
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(4) prepare and convey recommendations to the | ||
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(5) serve as a resource for connecting riders and | ||
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(6) advocate for funding, policies, and laws that | ||
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(7) serve as a resource for Authority staff to | ||
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(i) The Authority shall provide adequate technical support so the Riders Advisory Council can function effectively, provide regular briefing on service delivery issues and other topics of interest for transit riders, make staff responsible for delivery of public transportation services accessible to the Riders Advisory Council, give the Riders Advisory Council sufficient information and time to comment on proposed plans and policies, and take into account the comments and recommendations of the Riders Advisory Council before taking action on initiatives that impact public transit riders. (j) Members of the Riders Advisory Council shall serve without compensation but shall be entitled to reimbursement of reasonable and necessary costs incurred in the performance of their duties. (k) Riders Advisory Council members are subject to public transportation system usage requirements applicable to Directors.
(Source: P.A. 104-457, eff. 6-1-26.) |