Illinois General Assembly - Full Text of HB1342
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Full Text of HB1342  103rd General Assembly

HB1342sam001 103RD GENERAL ASSEMBLY

Sen. Ram Villivalam

Filed: 5/9/2023

 

 


 

 


 
10300HB1342sam001LRB103 24929 AWJ 61619 a

1
AMENDMENT TO HOUSE BILL 1342

2    AMENDMENT NO. ______. Amend House Bill 1342 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Metropolitan Transit Authority Act is
5amended by changing Sections 31 and 51 as follows:
 
6    (70 ILCS 3605/31)  (from Ch. 111 2/3, par. 331)
7    Sec. 31. The Board shall have power to pass all ordinances
8and make all rules and regulations proper or necessary to
9regulate the use, operation and maintenance of its property
10and facilities, and to carry into effect the powers granted to
11the Authority, with such fines or penalties, including
12ordinances, rules, and regulations concerning the suspension
13of riding privileges or confiscation of fare media under
14Section 2.40 of the Regional Transportation Authority Act, as
15may be deemed proper. No fine or penalty shall exceed $300.00,
16and no imprisonment shall exceed six (6) months for one

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1person at the time of the alleged violation, except that, if
2providing notice in person at the time of the alleged
3violation is not practicable, then notice shall be provided to
4the individual by either personal service or by mailing a copy
5of the notice by certified mail, return receipt requested, and
6first-class mail to the person's current address. If the
7person is known to be detained in jail, service shall be made
8as provided under Section 2-203.2 of the Code of Civil
9Procedure. The written notice shall be sufficient to inform
10the individual about the following:
11        (1) the nature of the suspension of riding privileges
12    or confiscation of fare media;
13        (2) the person's rights and available remedies to
14    contest or appeal the suspension of riding privileges or
15    confiscation of fare media and to apply for reinstatement
16    of riding privileges; and
17        (3) the procedures for adjudicating whether a
18    suspension or confiscation is warranted and for applying
19    for reinstatement of riding privileges, including the time
20    and location of any hearing.
21    The process to determine whether a suspension or riding
22privileges or confiscation of fare media is warranted and the
23length of the suspension shall be concluded within 30 days
24after the individual receives notice of the suspension or
25confiscation.
26    Notwithstanding any other provision of this Section, no

 

 

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

 

 

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

 

 

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1amended by changing Sections 3A.09 and 4.01 and by adding
2Sections 2.10a, 2.40, 2.41, 2.42, 3.12, and 3B.09c as follows:
 
3    (70 ILCS 3615/2.10a new)
4    Sec. 2.10a. Zero-emission buses.
5    (a) As used in this Section:
6    "Zero-emission bus" means a bus that is:
7        (1) designed to carry more than 10 passengers and is
8    used to carry passengers for compensation.
9        (2) a zero-emission vehicle; and
10        (3) not a taxi.
11    "Zero-emission vehicle" means a fuel cell or electric
12vehicle that:
13        (1) is a motor vehicle;
14        (2) is made by a commercial manufacturer;
15        (3) is manufactured primarily for use on public
16    streets, roads, and highways;
17        (4) has a maximum speed capability of at least 55
18    miles per hour;
19        (5) is powered entirely by electricity or powered by
20    combining hydrogen and oxygen, which runs the motor;
21        (6) has an operating range of at least 100 miles; and
22        (7) produces only water vapor and heat as byproducts.
23    (b) On or after January 1, 2026, a Service Board may not
24enter into a contract or contract amendment to purchase a bus
25that is not a zero-emission bus for the purpose of the Service

 

 

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1Board's transit bus fleet.
 
2    (70 ILCS 3615/2.40 new)
3    Sec. 2.40. Suspension of riding privileges and
4confiscation of fare media.
5    (a) As used in this Section, "demographic information"
6includes, but is not limited to, age, race, ethnicity, gender,
7and housing status, as that term is defined under Section 10 of
8the Bill of Rights for the Homeless Act.
9    (b) Suspension of riding privileges and confiscation of
10fare media are limited to:
11        (1) violations where the person's conduct places
12    transit employees or transit passengers in reasonable
13    apprehension of a threat to their safety or the safety of
14    others, including assault and battery, as those terms are
15    defined under Sections 12-1 and 12-3 of the Criminal Code
16    of 2012;
17        (2) violations where the person's conduct places
18    transit employees or transit passengers in reasonable
19    apprehension of a threat of a criminal sexual assault, as
20    that term is defined under Section 11-1.20 of the Criminal
21    Code of 2012; and
22        (3) violations involving an act of public indecency,
23    as that term is defined in Section 11-30 of the Criminal
24    Code of 2012.
25    (c) Written notice shall be provided to an individual

 

 

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

 

 

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

 

 

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

 

 

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1of the suspension.
 
2    (70 ILCS 3615/2.41 new)
3    Sec. 2.41. Domestic Violence and Sexual Assault Regional
4Transit Authority Public Transportation Assistance Program.
5    (a) No later than 90 days after the effective date of this
6amendatory Act of the 103rd General Assembly, the Authority
7shall create the Domestic Violence and Sexual Assault Regional
8Transit Authority Public Transportation Assistance Program to
9serve residents of the Authority.
10    Through this Program, the Authority shall issue monetarily
11preloaded mass transit cards to The Network: Advocating
12Against Domestic Violence for survivor and victim use of
13public transportation through Chicago Transit Authority, the
14Suburban Bus Division, and the Commuter Rail Division.
15    The Authority shall coordinate with The Network:
16Advocating Against Domestic Violence to issue no less than
1725,000 monetarily preloaded mass transit cards for
18distribution to domestic violence and sexual assault service
19providers throughout the Authority's jurisdiction, including
20the counties of Cook, Kane, DuPage, Will, Lake, and McHenry.
21    The mass transit card shall be plastic or laminated and
22wallet-sized, contain no information that would reference
23domestic violence or sexual assault services, and have no
24expiration date. The cards shall also be available
25electronically and shall be distributed to domestic violence

 

 

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1and sexual assault direct service providers to distribute to
2survivors.
3    The total number of mass transit cards shall be
4distributed to domestic violence and sexual assault service
5providers throughout the Authority's region based on the
6average number of clients served in 2021 and 2022 in
7comparison to the total number of mass transit cards granted
8by the Authority.
9    (b) The creation of the Program shall include an
10appointment of a domestic violence or sexual assault program
11service provider or a representative of the service provider's
12choosing to the Authority's Citizen Advisory Board.
13    The Network: Advocating Against Domestic Violence shall
14provide an annual report of the program, including a list of
15service providers receiving the mass transit cards, the total
16number of cards received by each service provider, and an
17estimated number of survivors and victims of domestic violence
18and sexual assault participating in the program. The report
19shall also include survivor testimonies of the program and
20shall include program provided recommendations on improving
21implementation of the Program. The report shall be provided to
22the Regional Transit Authority one calendar year after the
23creation of the Program.
24    In partnership with The Network: Advocating Against
25Domestic Violence, the Authority shall report this information
26to the Board and the Citizen Advisory Board and compile an

 

 

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1annual report of the Program to the General Assembly and to
2domestic violence and sexual assault service providers in the
3service providers' jurisdiction and include recommendations
4for improving implementation of the Program.
 
5    (70 ILCS 3615/2.42 new)
6    Sec. 2.42. Youth and young adults internships and
7employment. By January 1, 2024, the Suburban Bus Board and the
8Commuter Rail Board shall create or partner with a youth jobs
9program to provide internship or employment opportunities to
10youth and young adults.
 
11    (70 ILCS 3615/3.12 new)
12    Sec. 3.12. Reduced or free transit fare study.
13    (a) As used in this Section, "returning resident" means
14any United States resident who is 17 years of age or older and
15has been in and left the physical custody of the Department of
16Corrections within the last 36 months.
17    (a) By July 1, 2024, the Authority shall study and submit a
18report to the Governor and General Assembly regarding the
19feasibility and cost of providing year-round reduced or free
20transit fares for veterans, returning residents, and students
21who are not currently receiving a free or reduced fare.
22    
 
23    (70 ILCS 3615/3A.09)  (from Ch. 111 2/3, par. 703A.09)

 

 

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1    Sec. 3A.09. General powers. In addition to any powers
2elsewhere provided to the Suburban Bus Board, it shall have
3all of the powers specified in Section 2.20 of this Act except
4for the powers specified in Section 2.20(a)(v). The Board
5shall also have the power:
6        (a) to cooperate with the Regional Transportation
7    Authority in the exercise by the Regional Transportation
8    Authority of all the powers granted it by such Act;
9        (b) to receive funds from the Regional Transportation
10    Authority pursuant to Sections 2.02, 4.01, 4.02, 4.09 and
11    4.10 of the Regional Transportation Authority Act, all as
12    provided in the Regional Transportation Authority Act;
13        (c) to receive financial grants from the Regional
14    Transportation Authority or a Service Board, as defined in
15    the Regional Transportation Authority Act, upon such terms
16    and conditions as shall be set forth in a grant contract
17    between either the Division and the Regional
18    Transportation Authority or the Division and another
19    Service Board, which contract or agreement may be for such
20    number of years or duration as the parties agree, all as
21    provided in the Regional Transportation Authority Act;
22        (d) to perform all functions necessary for the
23    provision of paratransit services under Section 2.30 of
24    this Act; and
25        (e) to borrow money for the purposes of: (i)
26    constructing a new garage in the northwestern Cook County

 

 

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1    suburbs, (ii) converting the South Cook garage in Markham
2    to a Compressed Natural Gas facility, (iii) constructing a
3    new paratransit garage in DuPage County, (iv) expanding
4    the North Shore garage in Evanston to accommodate
5    additional indoor bus parking, and (v) purchasing new
6    transit buses. For the purpose of evidencing the
7    obligation of the Suburban Bus Board to repay any money
8    borrowed as provided in this subsection, the Suburban Bus
9    Board may issue revenue bonds from time to time pursuant
10    to ordinance adopted by the Suburban Bus Board, subject to
11    the approval of the Regional Transportation Authority of
12    each such issuance by the affirmative vote of 12 of its
13    then Directors; provided that the Suburban Bus Board may
14    not issue bonds for the purpose of financing the
15    acquisition, construction, or improvement of any facility
16    other than those listed in this subsection (e). All such
17    bonds shall be payable solely from the revenues or income
18    or any other funds that the Suburban Bus Board may
19    receive, provided that the Suburban Bus Board may not
20    pledge as security for such bonds the moneys, if any, that
21    the Suburban Bus Board receives from the Regional
22    Transportation Authority pursuant to Section 4.03.3(f) of
23    the Regional Transportation Authority Act. The bonds shall
24    bear interest at a rate not to exceed the maximum rate
25    authorized by the Bond Authorization Act and shall mature
26    at such time or times not exceeding 25 years from their

 

 

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1    respective dates. Bonds issued pursuant to this paragraph
2    must be issued with scheduled principal or mandatory
3    redemption payments in equal amounts in each fiscal year
4    over the term of the bonds, with the first principal or
5    mandatory redemption payment scheduled within the fiscal
6    year in which bonds are issued or within the next
7    succeeding fiscal year. At least 25%, based on total
8    principal amount, of all bonds authorized pursuant to this
9    Section shall be sold pursuant to notice of sale and
10    public bid. No more than 75%, based on total principal
11    amount, of all bonds authorized pursuant to this Section
12    shall be sold by negotiated sale. The maximum principal
13    amount of the bonds that may be issued may not exceed
14    $100,000,000. The bonds shall have all the qualities of
15    negotiable instruments under the laws of this State. To
16    secure the payment of any or all of such bonds and for the
17    purpose of setting forth the covenants and undertakings of
18    the Suburban Bus Board in connection with the issuance
19    thereof and the issuance of any additional bonds payable
20    from such revenue or income as well as the use and
21    application of the revenue or income received by the
22    Suburban Bus Board, the Suburban Bus Board may execute and
23    deliver a trust agreement or agreements; provided that no
24    lien upon any physical property of the Suburban Bus Board
25    shall be created thereby. A remedy for any breach or
26    default of the terms of any such trust agreement by the

 

 

10300HB1342sam001- 26 -LRB103 24929 AWJ 61619 a

1    Suburban Bus Board may be by mandamus proceedings in any
2    court of competent jurisdiction to compel performance and
3    compliance therewith, but the trust agreement may
4    prescribe by whom or on whose behalf such action may be
5    instituted. Under no circumstances shall any bonds issued
6    by the Suburban Bus Board or any other obligation of the
7    Suburban Bus Board in connection with the issuance of such
8    bonds be or become an indebtedness or obligation of the
9    State of Illinois, the Regional Transportation Authority,
10    or any other political subdivision of or municipality
11    within the State, nor shall any such bonds or obligations
12    be or become an indebtedness of the Suburban Bus Board
13    within the purview of any constitutional limitation or
14    provision, and it shall be plainly stated on the face of
15    each bond that it does not constitute such an indebtedness
16    or obligation but is payable solely from the revenues or
17    income as aforesaid; and .
18        (f) to adopt ordinances and make all rules and
19    regulations proper or necessary to regulate the use,
20    operation, and maintenance of its property and facilities
21    and to carry into effect the powers granted to the
22    Suburban Bus Board, with any necessary fines or penalties,
23    such as the suspension of riding privileges or
24    confiscation of fare media under Section 2.40, as the
25    Board deems proper.
26(Source: P.A. 99-665, eff. 7-29-16.)
 

 

 

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

 

 

10300HB1342sam001- 28 -LRB103 24929 AWJ 61619 a

1Authority and each Service Board at the beginning of the
2fiscal year, the funds estimated to be received from all
3sources for such year, the estimated expenses and obligations
4of the Authority and each Service Board for all purposes,
5including expenses for contributions to be made with respect
6to pension and other employee benefits, and the funds
7estimated to be on hand at the end of such year. The fiscal
8year of the Authority and each Service Board shall begin on
9January 1st and end on the succeeding December 31st. By July
101st of each year the Director of the Illinois Governor's
11Office of Management and Budget (formerly Bureau of the
12Budget) shall submit to the Authority an estimate of revenues
13for the next fiscal year of the Authority to be collected from
14the taxes imposed by the Authority and the amounts to be
15available in the Public Transportation Fund and the Regional
16Transportation Authority Occupation and Use Tax Replacement
17Fund and the amounts otherwise to be appropriated by the State
18to the Authority for its purposes. The Authority shall file a
19copy of its Annual Budget and Two-Year Financial Plan with the
20General Assembly and the Governor after its adoption. Before
21the proposed Annual Budget and Two-Year Financial Plan is
22adopted, the Authority shall hold at least one public hearing
23thereon in the metropolitan region, and shall meet with the
24county board or its designee of each of the several counties in
25the metropolitan region. After conducting such hearings and
26holding such meetings and after making such changes in the

 

 

10300HB1342sam001- 29 -LRB103 24929 AWJ 61619 a

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

 

 

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1    equal at least 50% of the aggregate costs of providing
2    such public transportation in such fiscal year. However,
3    due to the fiscal impacts of the COVID-19 pandemic, the
4    aggregate of all projected fare revenues from such fares
5    and charges received in fiscal years 2021, 2022, and 2023,
6    2024, and 2025 may be less than 50% of the aggregate costs
7    of providing such public transportation in those fiscal
8    years. "Fare revenues" include the proceeds of all fares
9    and charges for services provided, contributions received
10    in connection with public transportation from units of
11    local government other than the Authority, except for
12    contributions received by the Chicago Transit Authority
13    from a real estate transfer tax imposed under subsection
14    (i) of Section 8-3-19 of the Illinois Municipal Code, and
15    from the State pursuant to subsection (i) of Section
16    2705-305 of the Department of Transportation Law (20 ILCS
17    2705/2705-305), and all other operating revenues properly
18    included consistent with generally accepted accounting
19    principles but do not include: the proceeds of any
20    borrowings, and, beginning with the 2007 fiscal year, all
21    revenues and receipts, including but not limited to fares
22    and grants received from the federal, State or any unit of
23    local government or other entity, derived from providing
24    ADA paratransit service pursuant to Section 2.30 of the
25    Regional Transportation Authority Act. "Costs" include all
26    items properly included as operating costs consistent with

 

 

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1    generally accepted accounting principles, including
2    administrative costs, but do not include: depreciation;
3    payment of principal and interest on bonds, notes or other
4    evidences of obligation for borrowed money issued by the
5    Authority; payments with respect to public transportation
6    facilities made pursuant to subsection (b) of Section 2.20
7    of this Act; any payments with respect to rate protection
8    contracts, credit enhancements or liquidity agreements
9    made under Section 4.14; any other cost to which it is
10    reasonably expected that a cash expenditure will not be
11    made; costs for passenger security including grants,
12    contracts, personnel, equipment and administrative
13    expenses, except in the case of the Chicago Transit
14    Authority, in which case the term does not include costs
15    spent annually by that entity for protection against crime
16    as required by Section 27a of the Metropolitan Transit
17    Authority Act; the payment by the Chicago Transit
18    Authority of Debt Service, as defined in Section 12c of
19    the Metropolitan Transit Authority Act, on bonds or notes
20    issued pursuant to that Section; the payment by the
21    Commuter Rail Division of debt service on bonds issued
22    pursuant to Section 3B.09; expenses incurred by the
23    Suburban Bus Division for the cost of new public
24    transportation services funded from grants pursuant to
25    Section 2.01e of this amendatory Act of the 95th General
26    Assembly for a period of 2 years from the date of

 

 

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1    initiation of each such service; costs as exempted by the
2    Board for projects pursuant to Section 2.09 of this Act;
3    or, beginning with the 2007 fiscal year, expenses related
4    to providing ADA paratransit service pursuant to Section
5    2.30 of the Regional Transportation Authority Act; and in
6    fiscal years 2008 through 2012 inclusive, costs in the
7    amount of $200,000,000 in fiscal year 2008, reducing by
8    $40,000,000 in each fiscal year thereafter until this
9    exemption is eliminated; and
10        (ii) that the level of fares charged for ADA
11    paratransit services is sufficient to cause the aggregate
12    of all projected revenues from such fares charged and
13    received in each fiscal year to equal at least 10% of the
14    aggregate costs of providing such ADA paratransit
15    services. However, due to the fiscal impacts of the
16    COVID-19 pandemic, the aggregate of all projected fare
17    revenues from such fares and charges received in fiscal
18    years 2021, 2022, and 2023 may be less than 10% of the
19    aggregate costs of providing such ADA paratransit services
20    in those fiscal years. For purposes of this Act, the
21    percentages in this subsection (b)(ii) shall be referred
22    to as the "system generated ADA paratransit services
23    revenue recovery ratio". For purposes of the system
24    generated ADA paratransit services revenue recovery ratio,
25    "costs" shall include all items properly included as
26    operating costs consistent with generally accepted

 

 

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1    accounting principles. However, the Board may exclude from
2    costs an amount that does not exceed the allowable
3    "capital costs of contracting" for ADA paratransit
4    services pursuant to the Federal Transit Administration
5    guidelines for the Urbanized Area Formula Program.
6    (b-5) Before fares and charges received in fiscal years
72024 and 2025 may be less than 50% of the aggregate costs of
8providing public transportation in those fiscal years under
9item (i) of subsection (b), the Authority and Service Boards
10must perform the actions required under this subsection.
11    The Authority and Service Boards must publish a monthly
12comprehensive set of data regarding transit service and
13safety. The data included shall include information to track
14operations including:
15        (1) staffing levels, including numbers of budgeted
16    positions, current positions employed, hired staff,
17    attrition, staff in training, and absenteeism rates;
18        (2) scheduled service and delivered service, including
19    percentage of scheduled service delivered by day, service
20    by mode of transportation, service by route and rail line,
21    total number of revenue miles driven, excess wait times by
22    day, by mode of transportation, by bus route, and by stop.
23    The Authority and Service Boards shall also publish a
24    comparison of these measures to schedules and service
25    delivered in 2019; and
26        (3) safety on the system, including the number of

 

 

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1    incidents of crime and code of conduct violations on
2    system, any performance measures used to evaluate the
3    effectiveness of investments in private security, safety
4    equipment, and other security investments in the system.
5    If no performance measures exist to evaluate the
6    effectiveness of these safety investments, the Service
7    Boards and Authority shall develop and publish these
8    performance measures.
9    The Authority and Service Boards shall solicit input and
10ideas on publishing data on the service reliability,
11operations, and safety of the system from the public and
12groups representing transit riders, workers, and businesses.
13    The Authority shall submit to the General Assembly a
14review of all reduced fare and ride-free programs administered
15by the Authority and Service Boards. The Authority shall
16include the total number of residents eligible for each
17program and the percentage enrolled in the programs. The
18Authority shall submit an accounting of the total cost of the
19program, costs to increase the program, current sources of
20funding for the program, and recommendations to increase
21enrollment in current reduced fare and free-ride programs and
22any other recommendations for improvements to the programs.
23    (c) The actual administrative expenses of the Authority
24for the fiscal year commencing January 1, 1985 may not exceed
25$5,000,000. The actual administrative expenses of the
26Authority for the fiscal year commencing January 1, 1986, and

 

 

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1for each fiscal year thereafter shall not exceed the maximum
2administrative expenses for the previous fiscal year plus 5%.
3"Administrative expenses" are defined for purposes of this
4Section as all expenses except: (1) capital expenses and
5purchases of the Authority on behalf of the Service Boards;
6(2) payments to Service Boards; and (3) payment of principal
7and interest on bonds, notes or other evidence of obligation
8for borrowed money issued by the Authority; (4) costs for
9passenger security including grants, contracts, personnel,
10equipment and administrative expenses; (5) payments with
11respect to public transportation facilities made pursuant to
12subsection (b) of Section 2.20 of this Act; and (6) any
13payments with respect to rate protection contracts, credit
14enhancements or liquidity agreements made pursuant to Section
154.14.
16    (d) This subsection applies only until the Department
17begins administering and enforcing an increased tax under
18Section 4.03(m) as authorized by this amendatory Act of the
1995th General Assembly. After withholding 15% of the proceeds
20of any tax imposed by the Authority and 15% of money received
21by the Authority from the Regional Transportation Authority
22Occupation and Use Tax Replacement Fund, the Board shall
23allocate the proceeds and money remaining to the Service
24Boards as follows: (1) an amount equal to 85% of the proceeds
25of those taxes collected within the City of Chicago and 85% of
26the money received by the Authority on account of transfers to

 

 

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1the Regional Transportation Authority Occupation and Use Tax
2Replacement Fund from the County and Mass Transit District
3Fund attributable to retail sales within the City of Chicago
4shall be allocated to the Chicago Transit Authority; (2) an
5amount equal to 85% of the proceeds of those taxes collected
6within Cook County outside the City of Chicago and 85% of the
7money received by the Authority on account of transfers to the
8Regional Transportation Authority Occupation and Use Tax
9Replacement Fund from the County and Mass Transit District
10Fund attributable to retail sales within Cook County outside
11of the city of Chicago shall be allocated 30% to the Chicago
12Transit Authority, 55% to the Commuter Rail Board and 15% to
13the Suburban Bus Board; and (3) an amount equal to 85% of the
14proceeds of the taxes collected within the Counties of DuPage,
15Kane, Lake, McHenry and Will shall be allocated 70% to the
16Commuter Rail Board and 30% to the Suburban Bus Board.
17    (e) This subsection applies only until the Department
18begins administering and enforcing an increased tax under
19Section 4.03(m) as authorized by this amendatory Act of the
2095th General Assembly. Moneys received by the Authority on
21account of transfers to the Regional Transportation Authority
22Occupation and Use Tax Replacement Fund from the State and
23Local Sales Tax Reform Fund shall be allocated among the
24Authority and the Service Boards as follows: 15% of such
25moneys shall be retained by the Authority and the remaining
2685% shall be transferred to the Service Boards as soon as may

 

 

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

 

 

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1Plan; (3) keep the Board and the public informed of the extent
2to which the Service Boards and transportation agencies are
3meeting the goals and objectives adopted by the Authority in
4the Strategic Plan; and (4) assess the efficiency or adequacy
5of public transportation services provided by a Service Board
6and make recommendations for change in that service to the end
7that the moneys available to the Authority may be expended in
8the most economical manner possible with the least possible
9duplication.
10    (g) All Service Boards, transportation agencies,
11comprehensive planning agencies, including the Chicago
12Metropolitan Agency for Planning, or transportation planning
13agencies in the metropolitan region shall furnish to the
14Authority such information pertaining to public transportation
15or relevant for plans therefor as it may from time to time
16require. The Executive Director, or his or her designee,
17shall, for the purpose of securing any such information
18necessary or appropriate to carry out any of the powers and
19responsibilities of the Authority under this Act, have access
20to, and the right to examine, all books, documents, papers or
21records of a Service Board or any transportation agency
22receiving funds from the Authority or Service Board, and such
23Service Board or transportation agency shall comply with any
24request by the Executive Director, or his or her designee,
25within 30 days or an extended time provided by the Executive
26Director.

 

 

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1    (h) No Service Board shall undertake any capital
2improvement which is not identified in the Five-Year Capital
3Program.
4    (i) Each Service Board shall furnish to the Board access
5to its financial information including, but not limited to,
6audits and reports. The Board shall have real-time access to
7the financial information of the Service Boards; however, the
8Board shall be granted read-only access to the Service Board's
9financial information.
10(Source: P.A. 102-678, eff. 12-10-21.)
 
11    Section 90. The State Mandates Act is amended by adding
12Section 8.47 as follows:
 
13    (30 ILCS 805/8.47 new)
14    Sec. 8.47. Exempt mandate. Notwithstanding Sections 6 and
158 of this Act, no reimbursement by the State is required for
16the implementation of the mandate created by Section 2.10a of
17the Regional Transportation Authority Act in this amendatory
18Act of the 103rd General Assembly.
 
19    Section 99. Effective date. This Section and Sections 2.41
20and 2.42 of the Regional Transportation Authority Act take
21effect upon becoming law.".