Bill Amendment: IL HB1342 | 2023-2024 | 103rd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: TRANSIT RIDING PRIVILEGES/FARE
Status: 2023-07-28 - Public Act . . . . . . . . . 103-0281 [HB1342 Detail]
Download: Illinois-2023-HB1342-Senate_Amendment_002.html
Bill Title: TRANSIT RIDING PRIVILEGES/FARE
Status: 2023-07-28 - Public Act . . . . . . . . . 103-0281 [HB1342 Detail]
Download: Illinois-2023-HB1342-Senate_Amendment_002.html
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1 | AMENDMENT TO HOUSE BILL 1342
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2 | AMENDMENT NO. ______. Amend House Bill 1342 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Metropolitan Transit Authority Act is | ||||||
5 | amended by changing Sections 31 and 51 as follows:
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6 | (70 ILCS 3605/31) (from Ch. 111 2/3, par. 331)
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7 | Sec. 31.
The Board shall have power to pass all ordinances | ||||||
8 | and make
all rules and regulations proper or necessary to | ||||||
9 | regulate the use,
operation and maintenance of its property | ||||||
10 | and facilities, and to carry
into effect the powers granted to | ||||||
11 | the Authority, with such fines or
penalties , including | ||||||
12 | ordinances, rules, and regulations concerning the suspension | ||||||
13 | of riding privileges or confiscation of fare media under | ||||||
14 | Section 2.40 of the Regional Transportation Authority Act, as | ||||||
15 | may be deemed proper. No fine or penalty shall exceed
$300.00, | ||||||
16 | and no imprisonment shall exceed six (6) months for one
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1 | offense. All fines and penalties shall be imposed by | ||||||
2 | ordinances, which
shall be published in a newspaper of
general | ||||||
3 | circulation published in
the metropolitan area. No such | ||||||
4 | ordinance shall take effect until ten
days after its | ||||||
5 | publication.
| ||||||
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 | ||||||
10 | 60 days following the effective date of this amendatory Act of | ||||||
11 | the 95th General Assembly and until subsection (b) is | ||||||
12 | implemented, any fixed route public transportation services | ||||||
13 | provided by, or under grant or purchase of service contracts | ||||||
14 | of, the Board shall be provided without charge to all senior | ||||||
15 | citizens of the Metropolitan Region (as such term is defined | ||||||
16 | in 70 ILCS 3615/1.03) aged 65 and older, under such conditions | ||||||
17 | as shall be prescribed by the Board.
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18 | (b) Notwithstanding any law to the contrary, no later than | ||||||
19 | 180 days following the effective date of this amendatory Act | ||||||
20 | of the 96th General Assembly, any fixed route public | ||||||
21 | transportation services provided by, or under grant or | ||||||
22 | purchase of service contracts of, the Board shall be provided | ||||||
23 | without charge to senior citizens aged 65 and older who meet | ||||||
24 | the income eligibility limitation set forth in subsection | ||||||
25 | (a-5) of Section 4 of the Senior Citizens and Persons with |
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1 | Disabilities Property Tax Relief Act, under such conditions as | ||||||
2 | shall be prescribed by the Board. The Department on Aging | ||||||
3 | shall furnish all information reasonably necessary to | ||||||
4 | determine eligibility, including updated lists of individuals | ||||||
5 | who are eligible for services without charge under this | ||||||
6 | Section. Nothing in this Section shall relieve the Board from | ||||||
7 | providing reduced fares as may be required by federal law. | ||||||
8 | (c) The Board shall partner with the City of Chicago to | ||||||
9 | provide transportation at reduced fares for participants in | ||||||
10 | programs that offer employment and internship opportunities to | ||||||
11 | youth and young adults ages 14 through 24. | ||||||
12 | (Source: P.A. 99-143, eff. 7-27-15.)
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13 | Section 10. The Local Mass Transit District Act is amended | ||||||
14 | by changing Section 5 and adding Section 5.6 as follows:
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15 | (70 ILCS 3610/5) (from Ch. 111 2/3, par. 355)
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16 | Sec. 5.
(a) The Board of Trustees of every District may | ||||||
17 | establish or
acquire any or all manner of mass transit | ||||||
18 | facility. The Board may engage
in the business of | ||||||
19 | transportation of passengers on scheduled routes and
by | ||||||
20 | contract on nonscheduled routes within the territorial limits | ||||||
21 | of the
counties or municipalities creating the District, by | ||||||
22 | whatever means it
may decide. Its routes may be extended | ||||||
23 | beyond such territorial limits
with the consent of the | ||||||
24 | governing bodies of the municipalities or
counties into which |
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1 | such operation is extended.
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2 | (b) The Board of Trustees of every District may for the | ||||||
3 | purposes of
the District, acquire by gift, purchase, lease, | ||||||
4 | legacy, condemnation, or
otherwise and hold, use, improve, | ||||||
5 | maintain, operate, own, manage or
lease, as lessor or lessee, | ||||||
6 | such cars, buses, equipment, buildings,
structures, real and | ||||||
7 | personal property, and interests therein, and services,
lands | ||||||
8 | for
terminal and other related facilities, improvements and | ||||||
9 | services, or
any interest therein, including all or
any part | ||||||
10 | of the plant, land, buildings, equipment, vehicles, licenses,
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11 | franchises,
patents, property, service contracts and | ||||||
12 | agreements of every kind and
nature.
Real property may be so | ||||||
13 | acquired if it is situated within or partially
within the area | ||||||
14 | served by the District or if it is outside the area
if it is | ||||||
15 | desirable or necessary for the purposes of the District.
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16 | (c) The Board of Trustees of every District which | ||||||
17 | establishes, provides,
or
acquires mass transit facilities or | ||||||
18 | services may contract with any person
or
corporation or public | ||||||
19 | or private entity for the operation or provision
thereof upon | ||||||
20 | such terms and conditions as
the District shall determine.
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21 | (d) The Board of Trustees of every District shall have the | ||||||
22 | authority
to contract for any and all purposes of the | ||||||
23 | District, including with an
interstate
transportation | ||||||
24 | authority, or with another local
Mass Transit District or any | ||||||
25 | other municipal, public, or private
corporation
entity in
the | ||||||
26 | transportation business including the authority to contract to |
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1 | lease
its or otherwise provide land, buildings, and equipment, | ||||||
2 | and other
related facilities, improvements, and services, for | ||||||
3 | the carriage of
passengers beyond the territorial
limits of | ||||||
4 | the District or to subsidize transit operations by a public or
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5 | private
or municipal corporation operating entity providing | ||||||
6 | mass transit
facilities.
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7 | (e) The Board of Trustees of every District shall have the | ||||||
8 | authority
to establish, alter and discontinue transportation | ||||||
9 | routes and services and
any or all
ancillary or supporting | ||||||
10 | facilities and services, and to establish and amend
rate
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11 | schedules for the transportation of persons thereon or for the | ||||||
12 | public or
private use thereof which rate schedules shall, | ||||||
13 | together with any
grants, receipts or income from other | ||||||
14 | sources, be sufficient to pay the
expenses of the District, | ||||||
15 | the repair, maintenance and the safe and
adequate operation of | ||||||
16 | its mass transit facilities and public mass
transportation
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17 | system and to fulfill the terms of its debts, undertakings, | ||||||
18 | and
obligations.
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19 | (f) The Board of Trustees of every District shall have | ||||||
20 | perpetual
succession and shall have the following powers in | ||||||
21 | addition to any others
in this Act granted:
| ||||||
22 | (1) to sue and be sued;
| ||||||
23 | (2) to adopt and use a seal;
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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;
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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 ;
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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;
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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;
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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;
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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;
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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.
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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.
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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,
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8 | and paying the principal of and interest on the bonds of | ||||||
9 | the District
issued under this Section;
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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;
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14 | (11) to issue tax anticipation warrants;
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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;
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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
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2 | trail programs; and
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3 | (15) to acquire, own, maintain, construct, | ||||||
4 | reconstruct, improve, repair,
operate or lease any | ||||||
5 | light-rail public transportation system, terminal,
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6 | terminal facility, public airport, or bridge or toll | ||||||
7 | bridge across waters with
any city, state, or both.
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8 | With respect to instruments for the payment of money | ||||||
9 | issued under this
Section either before, on, or after June 6, | ||||||
10 | 1989 (the effective date of Public Act 86-4), it is and always | ||||||
11 | has been the intention of the General
Assembly (i) that the | ||||||
12 | Omnibus Bond Acts are and always have been
supplementary | ||||||
13 | grants of power to issue instruments in accordance with the
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14 | Omnibus Bond Acts, regardless of any provision of this Act | ||||||
15 | that may appear
to be or to have been more restrictive than | ||||||
16 | those Acts, (ii) that the
provisions of this Section are not a | ||||||
17 | limitation on the supplementary
authority granted by the | ||||||
18 | Omnibus Bond Acts, and (iii) that instruments
issued under | ||||||
19 | this Section within the supplementary authority granted
by the | ||||||
20 | Omnibus Bond Acts are not invalid because of any provision of
| ||||||
21 | this Act that may appear to be or to have been more restrictive | ||||||
22 | than
those Acts.
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23 | This Section shall be liberally construed to give effect | ||||||
24 | to its purposes.
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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 | ||||||
3 | of fare media. | ||||||
4 | (a) As used in this Section, "demographic information" | ||||||
5 | includes, but is not limited to, age, race, ethnicity, gender, | ||||||
6 | and housing status, as that term is defined under Section 10 of | ||||||
7 | the Bill of Rights for the Homeless Act. | ||||||
8 | (b) Suspension of riding privileges and confiscation of | ||||||
9 | fare 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 | ||||||
25 | regarding the suspension of the individual's riding privileges | ||||||
26 | or confiscation of fare media.
The notice shall be provided in |
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1 | person at the time of the alleged violation, except that, if | ||||||
2 | providing notice in person at the time of the alleged | ||||||
3 | violation is not practicable, then the Authority shall make a | ||||||
4 | reasonable effort to provide notice to the individual by | ||||||
5 | either personal service, by mailing a copy of the notice by | ||||||
6 | certified mail, return receipt requested, and first-class mail | ||||||
7 | to the person's current address, or by emailing a copy of the | ||||||
8 | notice to an email address on file, if available. If the person | ||||||
9 | is known to be detained in jail, service shall be made as | ||||||
10 | provided under Section 2-203.2 of the Code of Civil Procedure. | ||||||
11 | The written notice shall be sufficient to inform the | ||||||
12 | 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 | ||||||
24 | privileges or confiscation of fare media is warranted and the | ||||||
25 | length of the suspension shall be concluded within 30 days | ||||||
26 | after the individual receives notice of the suspension or |
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1 | confiscation. | ||||||
2 | Notwithstanding any other provision of this Section, no | ||||||
3 | person shall be denied the ability to contest or appeal a | ||||||
4 | suspension of riding privileges or confiscation of fare media, | ||||||
5 | or to attend a hearing to determine whether a
suspension or | ||||||
6 | confiscation was warranted, because the person was detained in | ||||||
7 | a jail. | ||||||
8 | (d) Each Board shall create an administrative suspension | ||||||
9 | hearing process as follows: | ||||||
10 | (1) A Board shall designate an official to oversee the | ||||||
11 | administrative process to decide whether a suspension is | ||||||
12 | warranted and the length of the suspension. | ||||||
13 | (2) The accused and related parties may attend this | ||||||
14 | hearing in person, by telephone, or virtually. | ||||||
15 | (3) The Board shall present the suspension-related | ||||||
16 | evidence and outline the evidence that supports the need | ||||||
17 | for the suspension. | ||||||
18 | (4) The accused can present and may make an oral or | ||||||
19 | written presentation and offer documents, including | ||||||
20 | affidavits, in response to the Board's evidence. | ||||||
21 | (5) The Board's designated official shall make a | ||||||
22 | finding on the suspension. | ||||||
23 | (6) The value of unexpended credit or unexpired passes | ||||||
24 | shall be reimbursed upon suspension of riding privileges | ||||||
25 | or confiscation of fare media. | ||||||
26 | (7) The alleged victims of the violation and related |
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1 | parties, including witnesses who were present, may attend | ||||||
2 | this hearing in person, by telephone, or virtually. | ||||||
3 | (8) The alleged victims of the violation and related | ||||||
4 | parties, including witnesses who were present, can present | ||||||
5 | and may make an oral or written presentation and offer | ||||||
6 | documents, including affidavits, in response to the | ||||||
7 | Board's evidence. | ||||||
8 | (e) Each Board shall create a process to appeal and | ||||||
9 | reinstate ridership privileges. This information shall be | ||||||
10 | provided
to the suspended rider at the time of the Board's | ||||||
11 | findings.
A suspended rider is entitled to 2 appeals after the | ||||||
12 | Board's finding to suspend the person's ridership.
A suspended | ||||||
13 | rider may petition the Board to reinstate the person's | ||||||
14 | ridership privileges one calendar year after the Board's | ||||||
15 | suspension finding if the length of the suspension is more | ||||||
16 | than one year. | ||||||
17 | (f) Each Board shall collect, report, and make publicly | ||||||
18 | available in a quarterly timeframe the number and demographic | ||||||
19 | information of people subject to suspension of riding | ||||||
20 | privileges or confiscation of fare media, the conduct leading | ||||||
21 | to the suspension or confiscation, as well as the location and | ||||||
22 | description of the location where the conduct occurred, such | ||||||
23 | as identifying the transit station or transit line, date, and | ||||||
24 | time of day, a citation to the statutory authority for which | ||||||
25 | the accused person was arrested or charged, the amount, if | ||||||
26 | any, on the fare media, and the length of the suspension.
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1 | Section 15. The Regional Transportation Authority Act is | ||||||
2 | amended by changing Sections 3A.09, 4.01, and 4.09 and by | ||||||
3 | adding Sections 2.10a, 2.40, 2.41, 2.42, 3.12, and 3B.09c as | ||||||
4 | follows:
| ||||||
5 | (70 ILCS 3615/2.10a new) | ||||||
6 | Sec. 2.10a. Zero-emission buses. | ||||||
7 | (a) As used in this Section: | ||||||
8 | "Zero-emission bus" means a bus that is: | ||||||
9 | (1) designed to carry more than 10 passengers and is | ||||||
10 | used to carry passengers for compensation. | ||||||
11 | (2) a zero-emission vehicle; and | ||||||
12 | (3) not a taxi. | ||||||
13 | "Zero-emission vehicle" means a fuel cell or electric | ||||||
14 | vehicle that: | ||||||
15 | (1) is a motor vehicle; | ||||||
16 | (2) is made by a commercial manufacturer; | ||||||
17 | (3) is manufactured primarily for use on public | ||||||
18 | streets, roads, and highways; | ||||||
19 | (4) has a maximum speed capability of at least 55 | ||||||
20 | miles per hour; | ||||||
21 | (5) is powered entirely by electricity or powered by | ||||||
22 | combining hydrogen and oxygen, which runs the motor; | ||||||
23 | (6) has an operating range of at least 100 miles; and | ||||||
24 | (7) produces only water vapor and heat as byproducts. |
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1 | (b) On or after January 1, 2026, a Service Board may not | ||||||
2 | enter into a new contract to purchase a bus that is not a | ||||||
3 | zero-emission bus for the purpose of the Service Board's | ||||||
4 | transit bus fleet.
| ||||||
5 | (70 ILCS 3615/2.40 new) | ||||||
6 | Sec. 2.40. Suspension of riding privileges and | ||||||
7 | confiscation of fare media. | ||||||
8 | (a) As used in this Section, "demographic information" | ||||||
9 | includes, but is not limited to, age, race, ethnicity, gender, | ||||||
10 | and housing status, as that term is defined under Section 10 of | ||||||
11 | the Bill of Rights for the Homeless Act. | ||||||
12 | (b) Suspension of riding privileges and confiscation of | ||||||
13 | fare media are limited to: | ||||||
14 | (1) violations where the person's conduct places | ||||||
15 | transit employees or transit passengers in reasonable | ||||||
16 | apprehension of a threat to their safety or the safety of | ||||||
17 | others, including assault and battery, as
those terms are | ||||||
18 | defined under Sections 12-1 and 12-3 of the Criminal Code | ||||||
19 | of 2012; | ||||||
20 | (2) violations where the person's conduct places | ||||||
21 | transit employees or transit passengers in reasonable | ||||||
22 | apprehension of a threat of a criminal sexual assault, as | ||||||
23 | that term is defined under Section 11-1.20 of the Criminal | ||||||
24 | Code of 2012; and | ||||||
25 | (3) violations involving an act of public indecency, |
| |||||||
| |||||||
1 | as that term is defined in Section 11-30 of the Criminal | ||||||
2 | Code of 2012. | ||||||
3 | (c) Written notice shall be provided to an individual | ||||||
4 | regarding the suspension of the individual's riding privileges | ||||||
5 | or confiscation of fare media.
The notice shall be provided in | ||||||
6 | person at the time of the alleged violation, except that, if | ||||||
7 | providing notice in person at the time of the alleged | ||||||
8 | violation is not practicable, then notice shall be provided to | ||||||
9 | the individual by either personal service or by mailing a copy | ||||||
10 | of the notice by certified mail, return receipt requested, and | ||||||
11 | first-class mail to the person's current address. If the | ||||||
12 | person is known to be detained in jail, service shall be made | ||||||
13 | as provided under Section 2-203.2 of the Code of Civil | ||||||
14 | Procedure. The written notice shall be sufficient to inform | ||||||
15 | the individual about the following: | ||||||
16 | (1) the nature of the suspension of riding privileges | ||||||
17 | or confiscation of fare media; | ||||||
18 | (2) the person's rights and available remedies to | ||||||
19 | contest or appeal the suspension of riding privileges or | ||||||
20 | confiscation of fare media and to apply for reinstatement | ||||||
21 | of riding privileges; and | ||||||
22 | (3) the procedures for adjudicating whether a | ||||||
23 | suspension or confiscation is warranted and for applying | ||||||
24 | for reinstatement of riding privileges, including the time | ||||||
25 | and location of any hearing. | ||||||
26 | The process to determine whether a suspension or riding |
| |||||||
| |||||||
1 | privileges or confiscation of fare media is warranted and the | ||||||
2 | length of the suspension shall be concluded within 30 days | ||||||
3 | after the individual receives notice of the suspension or | ||||||
4 | confiscation. | ||||||
5 | Notwithstanding any other provision of this Section, no | ||||||
6 | person shall be denied the ability to contest or appeal a | ||||||
7 | suspension of riding privileges or confiscation of fare media, | ||||||
8 | or to attend a hearing to determine whether a
suspension or | ||||||
9 | confiscation was warranted, because the person was detained in | ||||||
10 | a jail. | ||||||
11 | (d) Each Service Board shall create an administrative | ||||||
12 | suspension hearing process as follows: | ||||||
13 | (1) A Service Board shall designate an official to | ||||||
14 | oversee the administrative process to decide whether a | ||||||
15 | suspension is warranted and the length of the suspension. | ||||||
16 | (2) The accused and related parties may attend this | ||||||
17 | hearing in person, by telephone, or virtually. | ||||||
18 | (3) The Service Board shall present the | ||||||
19 | suspension-related evidence and outline the evidence that | ||||||
20 | supports the need for the suspension. | ||||||
21 | (4) The accused can present and may make an oral or | ||||||
22 | written presentation and offer documents, including | ||||||
23 | affidavits, in response to the Service Board's evidence. | ||||||
24 | (5) The Service Board's designated official shall make | ||||||
25 | a finding on the suspension. | ||||||
26 | (6) The value of unexpended credit or unexpired passes |
| |||||||
| |||||||
1 | shall be reimbursed upon suspension of riding privileges | ||||||
2 | or confiscation of fare media. | ||||||
3 | (7) The alleged victims of the violation and related | ||||||
4 | parties, including witnesses who were present, may attend | ||||||
5 | this hearing in person, by telephone, or virtually. | ||||||
6 | (8) The alleged victims of the violation and related | ||||||
7 | parties, including witnesses who were present, can present | ||||||
8 | and may make an oral or written presentation and offer | ||||||
9 | documents, including affidavits, in response to the | ||||||
10 | Service Board's evidence. | ||||||
11 | (e) Each Service Board shall create a process to appeal | ||||||
12 | and reinstate ridership privileges. This information shall be | ||||||
13 | provided
to the suspended rider at the time of the Service | ||||||
14 | Board's findings.
A suspended rider is entitled to 2 appeals | ||||||
15 | after the Service Board's finding to suspend the person's | ||||||
16 | ridership.
A suspended rider may petition the Service Board to | ||||||
17 | reinstate the person's ridership privileges one calendar year | ||||||
18 | after the Service Board's suspension finding if the length of | ||||||
19 | the suspension is more than one year. | ||||||
20 | (f) Each Service Board shall collect, report, and make | ||||||
21 | publicly available in a quarterly timeframe the number and | ||||||
22 | demographic information of people subject to suspension of | ||||||
23 | riding privileges or confiscation of fare media, the conduct | ||||||
24 | leading to the suspension or confiscation, as well as the | ||||||
25 | location and description of the location where the conduct | ||||||
26 | occurred, such as identifying the transit station or transit |
| |||||||
| |||||||
1 | line, date, and time of day, a citation to the statutory | ||||||
2 | authority for which the accused person was arrested or | ||||||
3 | charged, the amount, if any, on the fare media, and the length | ||||||
4 | of the suspension.
| ||||||
5 | (70 ILCS 3615/2.41 new) | ||||||
6 | Sec. 2.41. Domestic Violence and Sexual Assault Regional | ||||||
7 | Transit Authority Public Transportation Assistance Program. | ||||||
8 | (a) No later than 90 days after the effective date of this | ||||||
9 | amendatory Act of the 103rd General Assembly, the Authority | ||||||
10 | shall create the Domestic Violence and Sexual Assault Regional | ||||||
11 | Transit Authority Public Transportation Assistance Program to | ||||||
12 | serve residents of the Authority. | ||||||
13 | Through this Program, the Authority shall issue monetarily | ||||||
14 | preloaded mass transit cards to The Network: Advocating | ||||||
15 | Against Domestic Violence for survivor and victim use of | ||||||
16 | public transportation through Chicago Transit Authority, the | ||||||
17 | Suburban Bus Division, and the Commuter Rail Division. | ||||||
18 | The Authority shall coordinate with The Network: | ||||||
19 | Advocating Against Domestic Violence to issue no less than | ||||||
20 | 25,000 monetarily preloaded mass transit cards for | ||||||
21 | distribution to domestic violence and sexual assault service | ||||||
22 | providers throughout the Authority's jurisdiction, including | ||||||
23 | the counties of Cook, Kane, DuPage, Will, Lake, and McHenry. | ||||||
24 | The mass transit card shall be plastic or laminated and | ||||||
25 | wallet-sized, contain no information that would reference |
| |||||||
| |||||||
1 | domestic violence or sexual assault services, and have no | ||||||
2 | expiration date. The cards shall also be available | ||||||
3 | electronically and shall be distributed to domestic violence | ||||||
4 | and sexual assault direct service providers to distribute to | ||||||
5 | survivors. | ||||||
6 | The total number of mass transit cards shall be | ||||||
7 | distributed to domestic violence and sexual assault service | ||||||
8 | providers throughout the Authority's region based on the | ||||||
9 | average number of clients served in 2021 and 2022 in | ||||||
10 | comparison to the total number of mass transit cards granted | ||||||
11 | by the Authority. | ||||||
12 | (b) The creation of the Program shall include an | ||||||
13 | appointment of a domestic violence or sexual assault program | ||||||
14 | service provider or a representative of the service provider's | ||||||
15 | choosing to the Authority's Citizen Advisory Board. | ||||||
16 | The Network: Advocating Against Domestic Violence shall | ||||||
17 | provide an annual report of the program, including a list of | ||||||
18 | service providers receiving the mass transit cards, the total | ||||||
19 | number of cards received by each service provider, and an | ||||||
20 | estimated number of survivors and victims of domestic violence | ||||||
21 | and sexual assault participating in the program. The report | ||||||
22 | shall also include survivor testimonies of the program and | ||||||
23 | shall include program provided recommendations on improving | ||||||
24 | implementation of the Program. The report shall be provided to | ||||||
25 | the Regional Transit Authority one calendar year after the | ||||||
26 | creation of the Program. |
| |||||||
| |||||||
1 | In partnership with The Network: Advocating Against | ||||||
2 | Domestic Violence, the Authority shall report this information | ||||||
3 | to the Board and the Citizen Advisory Board and compile an | ||||||
4 | annual report of the Program to the General Assembly and to | ||||||
5 | domestic violence and sexual assault service providers in the | ||||||
6 | service providers' jurisdiction and include recommendations | ||||||
7 | for improving implementation of the Program.
| ||||||
8 | (70 ILCS 3615/2.42 new) | ||||||
9 | Sec. 2.42. Youth and young adults internships and | ||||||
10 | employment. By January 1, 2024, the Suburban Bus Board and the | ||||||
11 | Commuter Rail Board shall create or partner with a youth jobs | ||||||
12 | program to provide internship or employment opportunities to | ||||||
13 | youth and young adults.
| ||||||
14 | (70 ILCS 3615/3.12 new) | ||||||
15 | Sec. 3.12. Reduced or free transit fare study. | ||||||
16 | (a) By July 1, 2024, the Authority shall conduct a study | ||||||
17 | and submit a report to the Governor and General Assembly | ||||||
18 | regarding free and reduced fares and the development of a more | ||||||
19 | equitable fare structure for the regional transit system. The | ||||||
20 | study shall include: | ||||||
21 | (1) The impact and feasibility of providing year-round | ||||||
22 | reduced or free transit fares, including, but not limited | ||||||
23 | to, veterans, returning residents, students and youths, | ||||||
24 | people experiencing low-incomes, and other riders who are |
| |||||||
| |||||||
1 | not currently receiving free or reduced fares. | ||||||
2 | (2) A review of all reduced fare programs administered | ||||||
3 | by the Authority and the service boards, which includes | ||||||
4 | information on accounting of the total cost of the | ||||||
5 | program, costs to increase the program, current sources of | ||||||
6 | funding for the program, and recommendations to increase | ||||||
7 | enrollment in current reduced fare and free-ride programs | ||||||
8 | and any other recommendations for improvements to the | ||||||
9 | programs. | ||||||
10 | (3) Analysis of how reduced and free ride programs and | ||||||
11 | changes in eligibility and funding for these programs | ||||||
12 | would affect the regional transit operating budget. | ||||||
13 | (b) In this Section, "returning resident" means any United | ||||||
14 | States resident who is 17 years of age or older and has been in | ||||||
15 | and left the physical custody of the Department of Corrections | ||||||
16 | within the last 36 months. | ||||||
17 |
| ||||||
18 | (70 ILCS 3615/3A.09) (from Ch. 111 2/3, par. 703A.09)
| ||||||
19 | Sec. 3A.09. General powers. In addition to any powers | ||||||
20 | elsewhere provided
to the Suburban Bus Board, it shall have | ||||||
21 | all of the powers specified in
Section 2.20 of this Act except | ||||||
22 | for the powers specified in Section 2.20(a)(v). The Board | ||||||
23 | shall also have the power:
| ||||||
24 | (a) to cooperate with the Regional Transportation | ||||||
25 | Authority in the
exercise by the Regional Transportation |
| |||||||
| |||||||
1 | Authority of all the powers granted
it by such Act;
| ||||||
2 | (b) to receive funds from the Regional Transportation | ||||||
3 | Authority pursuant
to Sections 2.02, 4.01, 4.02, 4.09 and | ||||||
4 | 4.10 of the Regional Transportation
Authority Act, all as | ||||||
5 | provided in the Regional Transportation Authority Act;
| ||||||
6 | (c) to receive financial grants from the Regional | ||||||
7 | Transportation
Authority or a Service Board, as defined in | ||||||
8 | the Regional Transportation
Authority Act, upon such terms | ||||||
9 | and conditions as shall be set forth in a
grant contract | ||||||
10 | between either the Division and the Regional | ||||||
11 | Transportation
Authority or the Division and another | ||||||
12 | Service Board, which contract or
agreement may be for such | ||||||
13 | number of years or duration as the parties agree,
all as | ||||||
14 | provided in the Regional Transportation Authority Act; | ||||||
15 | (d) to perform all functions necessary for the | ||||||
16 | provision of paratransit services under Section 2.30 of | ||||||
17 | this Act; and
| ||||||
18 | (e) to borrow money for the purposes of: (i) | ||||||
19 | constructing a new garage in the northwestern Cook County | ||||||
20 | suburbs, (ii) converting the South Cook garage in Markham | ||||||
21 | to a Compressed Natural Gas facility, (iii) constructing a | ||||||
22 | new paratransit garage in DuPage County, (iv) expanding | ||||||
23 | the North Shore garage in Evanston to accommodate | ||||||
24 | additional indoor bus parking, and (v) purchasing new | ||||||
25 | transit buses. For the purpose of evidencing the | ||||||
26 | obligation of the Suburban Bus Board to repay any money |
| |||||||
| |||||||
1 | borrowed as provided in this subsection, the Suburban Bus | ||||||
2 | Board may issue revenue bonds from time to time pursuant | ||||||
3 | to ordinance adopted by the Suburban Bus Board, subject to | ||||||
4 | the approval of the Regional Transportation Authority of | ||||||
5 | each such issuance by the affirmative vote of 12 of its | ||||||
6 | then Directors; provided that the Suburban Bus Board may | ||||||
7 | not issue bonds for the purpose of financing the | ||||||
8 | acquisition, construction, or improvement of any facility | ||||||
9 | other than those listed in this subsection (e). All such | ||||||
10 | bonds shall be payable solely from the revenues or income | ||||||
11 | or any other funds that the Suburban Bus Board may | ||||||
12 | receive, provided that the Suburban Bus Board may not | ||||||
13 | pledge as security for such bonds the moneys, if any, that | ||||||
14 | the Suburban Bus Board receives from the Regional | ||||||
15 | Transportation Authority pursuant to Section 4.03.3(f) of | ||||||
16 | the Regional Transportation Authority Act. The bonds shall | ||||||
17 | bear interest at a rate not to exceed the maximum rate | ||||||
18 | authorized by the Bond Authorization Act and shall mature | ||||||
19 | at such time or times not exceeding 25 years from their | ||||||
20 | respective dates. Bonds issued pursuant to this paragraph | ||||||
21 | must be issued with scheduled principal or mandatory | ||||||
22 | redemption payments in equal amounts in each fiscal year | ||||||
23 | over the term of the bonds, with the first principal or | ||||||
24 | mandatory redemption payment scheduled within the fiscal | ||||||
25 | year in which bonds are issued or within the next | ||||||
26 | succeeding fiscal year. At least 25%, based on total |
| |||||||
| |||||||
1 | principal amount, of all bonds authorized pursuant to this | ||||||
2 | Section shall be sold pursuant to notice of sale and | ||||||
3 | public bid. No more than 75%, based on total principal | ||||||
4 | amount, of all bonds authorized pursuant to this Section | ||||||
5 | shall be sold by negotiated sale. The maximum principal | ||||||
6 | amount of the bonds that may be issued may not exceed | ||||||
7 | $100,000,000. The bonds shall have all the qualities of | ||||||
8 | negotiable instruments under the laws of this State. To | ||||||
9 | secure the payment of any or all of such bonds and for the | ||||||
10 | purpose of setting forth the covenants and undertakings of | ||||||
11 | the Suburban Bus Board in connection with the issuance | ||||||
12 | thereof and the issuance of any additional bonds payable | ||||||
13 | from such revenue or income as well as the use and | ||||||
14 | application of the revenue or income received by the | ||||||
15 | Suburban Bus Board, the Suburban Bus Board may execute and | ||||||
16 | deliver a trust agreement or agreements; provided that no | ||||||
17 | lien upon any physical property of the Suburban Bus Board | ||||||
18 | shall be created thereby. A remedy for any breach or | ||||||
19 | default of the terms of any such trust agreement by the | ||||||
20 | Suburban Bus Board may be by mandamus proceedings in any | ||||||
21 | court of competent jurisdiction to compel performance and | ||||||
22 | compliance therewith, but the trust agreement may | ||||||
23 | prescribe by whom or on whose behalf such action may be | ||||||
24 | instituted. Under no circumstances shall any bonds issued | ||||||
25 | by the Suburban Bus Board or any other obligation of the | ||||||
26 | Suburban Bus Board in connection with the issuance of such |
| |||||||
| |||||||
1 | bonds be or become an indebtedness or obligation of the | ||||||
2 | State of Illinois, the Regional Transportation Authority, | ||||||
3 | or any other political subdivision of or municipality | ||||||
4 | within the State, nor shall any such bonds or obligations | ||||||
5 | be or become an indebtedness of the Suburban Bus Board | ||||||
6 | within the purview of any constitutional limitation or | ||||||
7 | provision, and it shall be plainly stated on the face of | ||||||
8 | each bond that it does not constitute such an indebtedness | ||||||
9 | or obligation but is payable solely from the revenues or | ||||||
10 | income as aforesaid ; and . | ||||||
11 | (f) to adopt ordinances and make all rules and | ||||||
12 | regulations proper or necessary to regulate the use, | ||||||
13 | operation, and maintenance of its property and facilities | ||||||
14 | and to carry into effect the powers granted to the | ||||||
15 | Suburban Bus Board, with any necessary fines or penalties, | ||||||
16 | such as the suspension of riding privileges or | ||||||
17 | confiscation of fare media under Section 2.40, as the | ||||||
18 | Board deems proper. | ||||||
19 | (Source: P.A. 99-665, eff. 7-29-16.)
| ||||||
20 | (70 ILCS 3615/3B.09c new) | ||||||
21 | Sec. 3B.09c. Regulation of the use, operation, and | ||||||
22 | maintenance of property. The Chief of Police of the Metra | ||||||
23 | Police Department may make rules and regulations proper or | ||||||
24 | necessary to regulate the use, operation, and maintenance of | ||||||
25 | the property and facilities of the Commuter Rail Board and to |
| |||||||
| |||||||
1 | carry into effect the powers granted to the Chief by the | ||||||
2 | Commuter Rail Board, with any necessary fines or penalties, | ||||||
3 | such as the suspension of riding privileges or confiscation of | ||||||
4 | fare media under Section 2.40, that the Chief deems proper.
| ||||||
5 | (70 ILCS 3615/4.01) (from Ch. 111 2/3, par. 704.01)
| ||||||
6 | Sec. 4.01. Budget and Program.
| ||||||
7 | (a) The Board shall control the finances
of the Authority. | ||||||
8 | It shall by ordinance adopted by the affirmative vote of at | ||||||
9 | least 12 of its then Directors (i) appropriate money to | ||||||
10 | perform the
Authority's purposes and provide for payment of | ||||||
11 | debts and expenses of
the Authority, (ii) take action with | ||||||
12 | respect to the budget and two-year financial plan of each | ||||||
13 | Service Board, as provided in Section 4.11, and (iii) adopt an | ||||||
14 | Annual Budget and Two-Year Financial Plan for the Authority | ||||||
15 | that includes the annual budget and two-year financial plan of | ||||||
16 | each Service Board that has been approved by the Authority. | ||||||
17 | The Annual Budget and Two-Year Financial Plan
shall contain a | ||||||
18 | statement
of the funds estimated to be on hand for the | ||||||
19 | Authority and each Service Board at the beginning of the | ||||||
20 | fiscal
year, the funds estimated to be received from all | ||||||
21 | sources for such year, the estimated expenses and obligations | ||||||
22 | of the Authority and each Service Board for all purposes, | ||||||
23 | including expenses for contributions to be made with respect | ||||||
24 | to pension and other employee benefits,
and the funds | ||||||
25 | estimated to be on hand at the end of such year. The fiscal |
| |||||||
| |||||||
1 | year of the Authority and each Service Board shall
begin on | ||||||
2 | January 1st and end on the succeeding December 31st.
By July | ||||||
3 | 1st of each year the Director of the
Illinois
Governor's | ||||||
4 | Office of Management and Budget (formerly Bureau of the
| ||||||
5 | Budget) shall submit
to the Authority an estimate of revenues | ||||||
6 | for the next fiscal year of the Authority to be
collected from | ||||||
7 | the taxes imposed by the Authority and the amounts to be
| ||||||
8 | available in the Public Transportation Fund and the Regional | ||||||
9 | Transportation
Authority Occupation and Use Tax Replacement | ||||||
10 | Fund and the amounts otherwise to be appropriated by the State | ||||||
11 | to the Authority for its purposes. The Authority shall file a | ||||||
12 | copy of its Annual Budget and Two-Year Financial Plan with
the
| ||||||
13 | General Assembly and the Governor after its adoption. Before | ||||||
14 | the proposed Annual Budget and Two-Year Financial Plan
is | ||||||
15 | adopted, the Authority
shall hold at least one public hearing | ||||||
16 | thereon
in the metropolitan region, and shall meet
with the | ||||||
17 | county board or its designee of
each of the several counties in | ||||||
18 | the metropolitan region. After conducting
such hearings and | ||||||
19 | holding such meetings and after making such changes
in the | ||||||
20 | proposed Annual Budget and Two-Year Financial Plan
as the | ||||||
21 | Board deems appropriate, the
Board shall adopt its annual | ||||||
22 | appropriation and Annual Budget and Two-Year Financial Plan
| ||||||
23 | ordinance. The ordinance may be adopted
only upon the | ||||||
24 | affirmative votes of 12
of its then Directors. The
ordinance | ||||||
25 | shall appropriate such sums of money as are deemed necessary
| ||||||
26 | to defray all necessary expenses and obligations of the |
| |||||||
| |||||||
1 | Authority,
specifying purposes and the objects or programs for | ||||||
2 | which appropriations
are made and the amount appropriated for | ||||||
3 | each object or program.
Additional appropriations, transfers | ||||||
4 | between items and other changes in
such ordinance may be made | ||||||
5 | from time to time by the Board upon the
affirmative votes of 12
| ||||||
6 | of its then Directors.
| ||||||
7 | (b) The Annual Budget and Two-Year Financial Plan
shall | ||||||
8 | show a balance between anticipated revenues from
all sources | ||||||
9 | and anticipated expenses including funding of operating | ||||||
10 | deficits
or the discharge of encumbrances incurred in prior | ||||||
11 | periods and payment of
principal and interest when due, and | ||||||
12 | shall show cash balances sufficient
to pay with reasonable | ||||||
13 | promptness all obligations and expenses as incurred.
| ||||||
14 | The Annual Budget and Two-Year Financial Plan
must show: | ||||||
15 | (i) that the level of fares
and charges for mass | ||||||
16 | transportation provided by, or under grant or purchase
of | ||||||
17 | service contracts of, the Service Boards is sufficient to | ||||||
18 | cause the
aggregate of all projected fare revenues from | ||||||
19 | such fares and charges received
in each fiscal year to | ||||||
20 | equal at least 50% of the aggregate costs of providing
| ||||||
21 | such public transportation in such fiscal year. However, | ||||||
22 | due to the fiscal impacts of the COVID-19 pandemic, the | ||||||
23 | aggregate of all projected fare revenues from such fares | ||||||
24 | and charges received in fiscal years 2021, 2022, and 2023 , | ||||||
25 | 2024, and 2025 may be less than 50% of the aggregate costs | ||||||
26 | of providing such public transportation in those fiscal |
| |||||||
| |||||||
1 | years. "Fare revenues" include
the proceeds of all fares | ||||||
2 | and charges for services provided, contributions
received | ||||||
3 | in connection with public transportation from units of | ||||||
4 | local
government other than the Authority, except for | ||||||
5 | contributions received by the Chicago Transit Authority | ||||||
6 | from a real estate transfer tax imposed under subsection | ||||||
7 | (i) of Section 8-3-19 of the Illinois Municipal Code, and | ||||||
8 | from the State pursuant to subsection
(i) of Section | ||||||
9 | 2705-305 of the Department of Transportation Law (20 ILCS
| ||||||
10 | 2705/2705-305), and all other operating revenues properly | ||||||
11 | included consistent
with generally accepted accounting | ||||||
12 | principles but do not include: the proceeds
of any | ||||||
13 | borrowings, and, beginning with the 2007 fiscal year, all | ||||||
14 | revenues and receipts, including but not limited to fares | ||||||
15 | and grants received from the federal, State or any unit of | ||||||
16 | local government or other entity, derived from providing | ||||||
17 | ADA paratransit service pursuant to Section 2.30 of the | ||||||
18 | Regional Transportation Authority Act. "Costs" include all | ||||||
19 | items properly included as operating
costs consistent with | ||||||
20 | generally accepted accounting principles, including
| ||||||
21 | administrative costs, but do not include: depreciation; | ||||||
22 | payment of principal
and interest on bonds, notes or
other | ||||||
23 | evidences of obligation for borrowed money issued by the | ||||||
24 | Authority;
payments with respect to public transportation | ||||||
25 | facilities made pursuant
to subsection (b) of Section 2.20 | ||||||
26 | of this Act; any payments with respect
to rate protection |
| |||||||
| |||||||
1 | contracts, credit enhancements or liquidity agreements
| ||||||
2 | made under Section 4.14; any other cost to which it
is | ||||||
3 | reasonably expected that a cash expenditure
will not be | ||||||
4 | made; costs for passenger
security including grants, | ||||||
5 | contracts, personnel, equipment and
administrative | ||||||
6 | expenses, except in the case of the Chicago Transit
| ||||||
7 | Authority, in which case the term does not include costs | ||||||
8 | spent annually by
that entity for protection against crime | ||||||
9 | as required by Section 27a of the
Metropolitan Transit | ||||||
10 | Authority Act; the payment by the Chicago Transit | ||||||
11 | Authority of Debt Service, as defined in Section 12c of | ||||||
12 | the Metropolitan Transit Authority Act, on bonds or notes | ||||||
13 | issued pursuant to that Section; the payment by the | ||||||
14 | Commuter Rail Division of debt service on bonds issued | ||||||
15 | pursuant to Section 3B.09; expenses incurred by the | ||||||
16 | Suburban Bus Division for the cost of new public | ||||||
17 | transportation services funded from grants pursuant to | ||||||
18 | Section 2.01e of this amendatory Act of the 95th General | ||||||
19 | Assembly for a period of 2 years from the date of | ||||||
20 | initiation of each such service; costs as exempted by the | ||||||
21 | Board for
projects pursuant to Section 2.09 of this Act; | ||||||
22 | or, beginning with the 2007 fiscal year, expenses related | ||||||
23 | to providing ADA paratransit service pursuant to Section | ||||||
24 | 2.30 of the Regional Transportation Authority Act; and in | ||||||
25 | fiscal years 2008 through 2012 inclusive, costs in the | ||||||
26 | amount of $200,000,000 in fiscal year 2008, reducing by |
| |||||||
| |||||||
1 | $40,000,000 in each fiscal year thereafter until this | ||||||
2 | exemption is eliminated; and | ||||||
3 | (ii) that the level of fares charged for ADA | ||||||
4 | paratransit services is sufficient to cause the aggregate | ||||||
5 | of all projected revenues from such fares charged and | ||||||
6 | received in each fiscal year to equal at least 10% of the | ||||||
7 | aggregate costs of providing such ADA paratransit | ||||||
8 | services. However, due to the fiscal impacts of the | ||||||
9 | COVID-19 pandemic, the aggregate of all projected fare | ||||||
10 | revenues from such fares and charges received in fiscal | ||||||
11 | years 2021, 2022, and 2023 , 2024, and 2025 may be less than | ||||||
12 | 10% of the aggregate costs of providing such ADA | ||||||
13 | paratransit services in those fiscal years. For purposes | ||||||
14 | of this Act, the percentages in this subsection (b)(ii) | ||||||
15 | shall be referred to as the "system generated ADA | ||||||
16 | paratransit services revenue recovery ratio". For purposes | ||||||
17 | of the system generated ADA paratransit services revenue | ||||||
18 | recovery ratio, "costs" shall include all items properly | ||||||
19 | included as operating costs consistent with generally | ||||||
20 | accepted accounting principles. However, the Board may | ||||||
21 | exclude from costs an amount that does not exceed the | ||||||
22 | allowable "capital costs of contracting" for ADA | ||||||
23 | paratransit services pursuant to the Federal Transit | ||||||
24 | Administration guidelines for the Urbanized Area Formula | ||||||
25 | Program.
| ||||||
26 | (b-5) Before fares and charges received in fiscal years |
| |||||||
| |||||||
1 | 2024 and 2025 may be less than 50% of the aggregate costs of | ||||||
2 | providing public transportation in those fiscal years under | ||||||
3 | item (i) of subsection (b), the Authority and Service Boards | ||||||
4 | must perform the actions required under this subsection. | ||||||
5 | The Authority and Service Boards must publish a monthly | ||||||
6 | comprehensive set of data regarding transit service and | ||||||
7 | safety. The data included shall include information to track | ||||||
8 | operations including: | ||||||
9 | (1) staffing levels, including numbers of budgeted | ||||||
10 | positions, current positions employed, hired staff, | ||||||
11 | attrition, staff in training, and absenteeism rates; | ||||||
12 | (2) scheduled service and delivered service, including | ||||||
13 | percentage of scheduled service delivered by day, service | ||||||
14 | by mode of transportation, service by route and rail line, | ||||||
15 | total number of revenue miles driven, excess wait times by | ||||||
16 | day, by mode of transportation, by bus route, and by stop; | ||||||
17 | and | ||||||
18 | (3) safety on the system, including the number of | ||||||
19 | incidents of crime and code of conduct violations on | ||||||
20 | system, any performance measures used to evaluate the | ||||||
21 | effectiveness of investments in private security, safety | ||||||
22 | equipment, and other security investments in the system. | ||||||
23 | If no performance measures exist to evaluate the | ||||||
24 | effectiveness of these safety investments, the Service | ||||||
25 | Boards and Authority shall develop and publish these | ||||||
26 | performance measures. |
| |||||||
| |||||||
1 | The Authority and Service Boards shall solicit input and | ||||||
2 | ideas on publishing data on the service reliability, | ||||||
3 | operations, and safety of the system from the public and | ||||||
4 | groups representing transit riders, workers, and businesses. | ||||||
5 | (c) The actual administrative expenses of the Authority | ||||||
6 | for the fiscal
year commencing January 1, 1985 may not exceed | ||||||
7 | $5,000,000.
The actual administrative expenses of the | ||||||
8 | Authority for the fiscal year
commencing January 1, 1986, and | ||||||
9 | for each fiscal year thereafter shall not
exceed the maximum | ||||||
10 | administrative expenses for the previous fiscal year plus
5%. | ||||||
11 | "Administrative
expenses" are defined for purposes of this | ||||||
12 | Section as all expenses except:
(1) capital expenses and | ||||||
13 | purchases of the Authority on behalf of the Service
Boards; | ||||||
14 | (2) payments to Service Boards; and (3) payment of principal
| ||||||
15 | and interest on bonds, notes or other evidence of obligation | ||||||
16 | for borrowed
money issued by the Authority; (4) costs for | ||||||
17 | passenger security including
grants, contracts, personnel, | ||||||
18 | equipment and administrative expenses; (5)
payments with | ||||||
19 | respect to public transportation facilities made pursuant to
| ||||||
20 | subsection (b) of Section 2.20 of this Act; and (6) any | ||||||
21 | payments with
respect to rate protection contracts, credit | ||||||
22 | enhancements or liquidity
agreements made pursuant to Section | ||||||
23 | 4.14.
| ||||||
24 | (d) This subsection applies only until the Department | ||||||
25 | begins administering and enforcing an increased tax under | ||||||
26 | Section 4.03(m) as authorized by this amendatory Act of the |
| |||||||
| |||||||
1 | 95th General Assembly. After withholding 15% of the proceeds | ||||||
2 | of any tax imposed by the
Authority and 15% of money received | ||||||
3 | by the Authority from the Regional
Transportation Authority | ||||||
4 | Occupation and Use Tax Replacement Fund,
the Board shall | ||||||
5 | allocate the proceeds and money remaining to the Service
| ||||||
6 | Boards as follows: (1) an amount equal to 85% of the proceeds | ||||||
7 | of those
taxes collected within the City of Chicago and 85% of | ||||||
8 | the money received by
the Authority on account of transfers to | ||||||
9 | the Regional Transportation
Authority Occupation and Use Tax | ||||||
10 | Replacement Fund from the County and Mass
Transit District | ||||||
11 | Fund attributable to retail sales within the City of
Chicago | ||||||
12 | shall be allocated to the Chicago Transit
Authority; (2) an | ||||||
13 | amount equal to 85% of the proceeds of those taxes
collected | ||||||
14 | within Cook County outside the City of Chicago and 85% of the
| ||||||
15 | money received by the Authority on account of transfers to the | ||||||
16 | Regional
Transportation Authority Occupation and Use Tax | ||||||
17 | Replacement Fund from the
County and Mass Transit District | ||||||
18 | Fund attributable to retail sales within
Cook County outside | ||||||
19 | of the city of Chicago shall be allocated
30% to the Chicago | ||||||
20 | Transit Authority, 55% to the Commuter Rail Board and
15% to | ||||||
21 | the Suburban Bus Board; and (3) an amount equal to 85% of the
| ||||||
22 | proceeds of the taxes collected within the Counties of DuPage, | ||||||
23 | Kane, Lake,
McHenry and Will shall be allocated 70% to the | ||||||
24 | Commuter Rail Board and 30%
to the Suburban Bus Board.
| ||||||
25 | (e) This subsection applies only until the Department | ||||||
26 | begins administering and enforcing an increased tax under |
| |||||||
| |||||||
1 | Section 4.03(m) as authorized by this amendatory Act of the | ||||||
2 | 95th General Assembly. Moneys received by the Authority on | ||||||
3 | account of transfers to the
Regional Transportation Authority | ||||||
4 | Occupation and Use Tax Replacement Fund
from the State and | ||||||
5 | Local Sales Tax Reform Fund shall be
allocated among the | ||||||
6 | Authority and the Service Boards as follows: 15% of
such | ||||||
7 | moneys shall be retained by the Authority and the remaining | ||||||
8 | 85%
shall be transferred to the Service Boards as soon as may | ||||||
9 | be
practicable after the Authority receives payment. Moneys | ||||||
10 | which are
distributable to the Service Boards pursuant to the | ||||||
11 | preceding sentence
shall be allocated among the Service Boards | ||||||
12 | on the basis of each Service
Board's distribution ratio. The | ||||||
13 | term "distribution ratio" means,
for purposes of this | ||||||
14 | subsection (e) of this Section 4.01, the ratio of
the total | ||||||
15 | amount distributed to a Service Board pursuant to subsection | ||||||
16 | (d)
of Section 4.01 for the immediately preceding calendar | ||||||
17 | year to the total
amount distributed to all of the Service | ||||||
18 | Boards pursuant to subsection (d)
of Section 4.01 for the | ||||||
19 | immediately preceding calendar year.
| ||||||
20 | (f) To carry out its duties and responsibilities under | ||||||
21 | this Act,
the Board shall employ staff which shall: (1) | ||||||
22 | propose for adoption by the Board of the Authority rules for | ||||||
23 | the Service Boards that establish (i) forms and schedules to | ||||||
24 | be used and information required to be provided with respect | ||||||
25 | to a five-year capital program, annual budgets, and two-year | ||||||
26 | financial plans and regular reporting of actual results |
| |||||||
| |||||||
1 | against adopted budgets and financial plans, (ii) financial | ||||||
2 | practices to be followed in the budgeting and expenditure of | ||||||
3 | public funds, (iii) assumptions and projections that must be | ||||||
4 | followed in preparing and submitting its annual budget and | ||||||
5 | two-year financial plan or a five-year capital program; (2) | ||||||
6 | evaluate for
the Board public transportation programs operated | ||||||
7 | or proposed by
the Service Boards and
transportation agencies | ||||||
8 | in terms of the goals and objectives set out in the Strategic | ||||||
9 | Plan; (3)
keep the Board and the public informed of the extent | ||||||
10 | to which the Service Boards and transportation agencies are | ||||||
11 | meeting the goals and objectives adopted by the Authority in | ||||||
12 | the Strategic Plan; and (4) assess the efficiency or adequacy | ||||||
13 | of public transportation services provided by a Service Board | ||||||
14 | and make recommendations for change in that service
to the end | ||||||
15 | that the moneys
available to the Authority may be
expended in | ||||||
16 | the most economical manner possible with the least possible
| ||||||
17 | duplication. | ||||||
18 | (g) All
Service Boards, transportation agencies, | ||||||
19 | comprehensive planning agencies, including the Chicago | ||||||
20 | Metropolitan Agency for Planning, or
transportation planning | ||||||
21 | agencies in the metropolitan region shall
furnish to the | ||||||
22 | Authority
such information pertaining to public
transportation | ||||||
23 | or relevant for plans therefor as it may from time to time
| ||||||
24 | require. The Executive Director, or his or her designee, | ||||||
25 | shall, for the purpose of
securing any such information | ||||||
26 | necessary or appropriate to carry out any of the powers and |
| |||||||
| |||||||
1 | responsibilities of the Authority under this Act, have access | ||||||
2 | to, and the right to examine, all
books, documents, papers or | ||||||
3 | records of a Service Board or any transportation
agency | ||||||
4 | receiving funds from the Authority
or Service Board, and such | ||||||
5 | Service Board or transportation agency shall comply with any | ||||||
6 | request by the Executive Director, or his or her designee, | ||||||
7 | within 30 days or an extended time provided by the Executive | ||||||
8 | Director.
| ||||||
9 | (h) No Service Board shall undertake any capital | ||||||
10 | improvement which is not identified in the Five-Year Capital | ||||||
11 | Program.
| ||||||
12 | (i) Each Service Board shall furnish to the Board access | ||||||
13 | to its financial information including, but not limited to, | ||||||
14 | audits and reports. The Board shall have real-time access to | ||||||
15 | the financial information of the Service Boards; however, the | ||||||
16 | Board shall be granted read-only access to the Service Board's | ||||||
17 | financial information. | ||||||
18 | (Source: P.A. 102-678, eff. 12-10-21.)
| ||||||
19 | (70 ILCS 3615/4.09) (from Ch. 111 2/3, par. 704.09)
| ||||||
20 | Sec. 4.09. Public Transportation Fund and the Regional | ||||||
21 | Transportation
Authority Occupation and Use Tax Replacement | ||||||
22 | Fund.
| ||||||
23 | (a)(1)
Except as otherwise provided in paragraph (4), as | ||||||
24 | soon as possible after
the first day of each month, beginning | ||||||
25 | July 1, 1984, upon certification of
the Department of Revenue, |
| |||||||
| |||||||
1 | the Comptroller shall order transferred and the
Treasurer | ||||||
2 | shall transfer from the General Revenue Fund to a special fund | ||||||
3 | in the State Treasury to be known as the Public
Transportation | ||||||
4 | Fund an amount equal to 25% of the net revenue, before the
| ||||||
5 | deduction of the serviceman and retailer discounts pursuant to | ||||||
6 | Section 9 of
the Service Occupation Tax Act and Section 3 of | ||||||
7 | the Retailers' Occupation
Tax Act, realized from
any tax | ||||||
8 | imposed by the Authority pursuant to
Sections 4.03 and 4.03.1 | ||||||
9 | and 25% of the amounts deposited into the Regional
| ||||||
10 | Transportation Authority tax fund created by Section 4.03 of | ||||||
11 | this Act, from
the County and Mass Transit District Fund as | ||||||
12 | provided in Section 6z-20 of
the State Finance Act and 25% of | ||||||
13 | the amounts deposited into the Regional
Transportation | ||||||
14 | Authority Occupation and Use Tax Replacement Fund from the
| ||||||
15 | State and Local Sales Tax Reform Fund as provided in Section | ||||||
16 | 6z-17 of the
State Finance Act.
On the first day of the month | ||||||
17 | following the date that the Department receives revenues from | ||||||
18 | increased taxes under Section 4.03(m) as authorized by Public | ||||||
19 | Act 95-708, in lieu of the transfers authorized in the | ||||||
20 | preceding sentence, upon certification of the Department of | ||||||
21 | Revenue, the Comptroller shall order transferred and the | ||||||
22 | Treasurer shall transfer from the General Revenue Fund to the | ||||||
23 | Public Transportation Fund an amount equal to 25% of the net | ||||||
24 | revenue, before the deduction of the serviceman and retailer | ||||||
25 | discounts pursuant to Section 9 of the Service Occupation Tax | ||||||
26 | Act and Section 3 of the Retailers' Occupation Tax Act, |
| |||||||
| |||||||
1 | realized from (i) 80% of the proceeds of any tax imposed by the | ||||||
2 | Authority at a rate of 1.25% in Cook County, (ii) 75% of the | ||||||
3 | proceeds of any tax imposed by the Authority at the rate of 1% | ||||||
4 | in Cook County, and (iii) one-third of the proceeds of any tax | ||||||
5 | imposed by the Authority at the rate of 0.75% in the Counties | ||||||
6 | of DuPage, Kane, Lake, McHenry, and Will, all pursuant to | ||||||
7 | Section 4.03, and 25% of the net revenue realized from any tax | ||||||
8 | imposed by the Authority pursuant to Section 4.03.1, and 25% | ||||||
9 | of the amounts deposited into the Regional Transportation | ||||||
10 | Authority tax fund created by Section 4.03 of this Act from the | ||||||
11 | County and Mass Transit District Fund as provided in Section | ||||||
12 | 6z-20 of the State Finance Act, and 25% of the amounts | ||||||
13 | deposited into the Regional Transportation Authority | ||||||
14 | Occupation and Use Tax Replacement Fund from the State and | ||||||
15 | Local Sales Tax Reform Fund as provided in Section 6z-17 of the | ||||||
16 | State Finance Act. As used in this Section, net revenue | ||||||
17 | realized for a month shall be the revenue
collected by the | ||||||
18 | State pursuant to Sections 4.03 and 4.03.1 during the
previous | ||||||
19 | month from within the metropolitan region, less the amount | ||||||
20 | paid
out during that same month as refunds to taxpayers for | ||||||
21 | overpayment of
liability in the metropolitan region under | ||||||
22 | Sections 4.03 and 4.03.1. | ||||||
23 | Notwithstanding any provision of law to the contrary, | ||||||
24 | beginning on July 6, 2017 (the effective date of Public Act | ||||||
25 | 100-23), those amounts required under this paragraph (1) of | ||||||
26 | subsection (a) to be transferred by the Treasurer into the |
| |||||||
| |||||||
1 | Public Transportation Fund from the General Revenue Fund shall | ||||||
2 | be directly deposited into the Public Transportation Fund as | ||||||
3 | the revenues are realized from the taxes indicated.
| ||||||
4 | (2) Except as otherwise provided in paragraph (4), on | ||||||
5 | February 1, 2009 (the first day of the month following the | ||||||
6 | effective date of Public Act 95-708) and each month | ||||||
7 | thereafter, upon certification by the Department of Revenue, | ||||||
8 | the Comptroller shall order transferred and the Treasurer | ||||||
9 | shall transfer from the General Revenue Fund to the Public | ||||||
10 | Transportation Fund an amount equal to 5% of the net revenue, | ||||||
11 | before the deduction of the serviceman and retailer discounts | ||||||
12 | pursuant to Section 9 of the Service Occupation Tax Act and | ||||||
13 | Section 3 of the Retailers' Occupation Tax Act, realized from | ||||||
14 | any tax imposed by the Authority pursuant to Sections 4.03 and | ||||||
15 | 4.03.1 and certified by the Department of Revenue under | ||||||
16 | Section 4.03(n) of this Act to be paid to the Authority and 5% | ||||||
17 | of the amounts deposited into the Regional Transportation | ||||||
18 | Authority tax fund created by Section 4.03 of this Act from the | ||||||
19 | County and Mass Transit District Fund as provided in Section | ||||||
20 | 6z-20 of the State Finance Act, and 5% of the amounts deposited | ||||||
21 | into the Regional Transportation Authority Occupation and Use | ||||||
22 | Tax Replacement Fund from the State and Local Sales Tax Reform | ||||||
23 | Fund as provided in Section 6z-17 of the State Finance Act, and | ||||||
24 | 5% of the revenue realized by the Chicago Transit Authority as | ||||||
25 | financial assistance from the City of Chicago from the | ||||||
26 | proceeds of any tax imposed by the City of Chicago under |
| |||||||
| |||||||
1 | Section 8-3-19 of the Illinois Municipal Code.
| ||||||
2 | Notwithstanding any provision of law to the contrary, | ||||||
3 | beginning on July 6, 2017 (the effective date of Public Act | ||||||
4 | 100-23), those amounts required under this paragraph (2) of | ||||||
5 | subsection (a) to be transferred by the Treasurer into the | ||||||
6 | Public Transportation Fund from the General Revenue Fund shall | ||||||
7 | be directly deposited into the Public Transportation Fund as | ||||||
8 | the revenues are realized from the taxes indicated. | ||||||
9 | (3) Except as otherwise provided in paragraph (4), as soon | ||||||
10 | as possible after the first day of January, 2009 and each month | ||||||
11 | thereafter, upon certification of the Department of Revenue | ||||||
12 | with respect to the taxes collected under Section 4.03, the | ||||||
13 | Comptroller shall order transferred and the Treasurer shall | ||||||
14 | transfer from the General Revenue Fund to the Public | ||||||
15 | Transportation Fund an amount equal to 25% of the net revenue, | ||||||
16 | before the deduction of the serviceman and retailer discounts | ||||||
17 | pursuant to Section 9 of the Service Occupation Tax Act and | ||||||
18 | Section 3 of the Retailers' Occupation Tax Act, realized from | ||||||
19 | (i) 20% of the proceeds of any tax imposed by the Authority at | ||||||
20 | a rate of 1.25% in Cook County, (ii) 25% of the proceeds of any | ||||||
21 | tax imposed by the Authority at the rate of 1% in Cook County, | ||||||
22 | and (iii) one-third of the proceeds of any tax imposed by the | ||||||
23 | Authority at the rate of 0.75% in the Counties of DuPage, Kane, | ||||||
24 | Lake, McHenry, and Will, all pursuant to Section 4.03, and the | ||||||
25 | Comptroller shall order transferred and the Treasurer shall | ||||||
26 | transfer from the General Revenue Fund to the Public |
| |||||||
| |||||||
1 | Transportation Fund (iv) an amount equal to 25% of the revenue | ||||||
2 | realized by the Chicago Transit Authority as financial | ||||||
3 | assistance from the City of Chicago from the proceeds of any | ||||||
4 | tax imposed by the City of Chicago under Section 8-3-19 of the | ||||||
5 | Illinois Municipal Code.
| ||||||
6 | Notwithstanding any provision of law to the contrary, | ||||||
7 | beginning on July 6, 2017 (the effective date of Public Act | ||||||
8 | 100-23), those amounts required under this paragraph (3) of | ||||||
9 | subsection (a) to be transferred by the Treasurer into the | ||||||
10 | Public Transportation Fund from the General Revenue Fund shall | ||||||
11 | be directly deposited into the Public Transportation Fund as | ||||||
12 | the revenues are realized from the taxes indicated. | ||||||
13 | (4) Notwithstanding any provision of law to the contrary, | ||||||
14 | of the transfers to be made under paragraphs (1), (2), and (3) | ||||||
15 | of this subsection (a) from the General Revenue Fund to the | ||||||
16 | Public Transportation Fund, the first $150,000,000 that would | ||||||
17 | have otherwise been transferred from the General Revenue Fund | ||||||
18 | shall be transferred from the Road Fund. The remaining balance | ||||||
19 | of such transfers shall be made from the General Revenue Fund. | ||||||
20 | (5) (Blank). | ||||||
21 | (6) (Blank). | ||||||
22 | (7) For State fiscal year 2020 only, notwithstanding any | ||||||
23 | provision of law to the contrary, the total amount of revenue | ||||||
24 | and deposits under this Section attributable to revenues | ||||||
25 | realized during State fiscal year 2020 shall be reduced by 5%. | ||||||
26 | (8) For State fiscal year 2021 only, notwithstanding any |
| |||||||
| |||||||
1 | provision of law to the contrary, the total amount of revenue | ||||||
2 | and deposits under this Section attributable to revenues | ||||||
3 | realized during State fiscal year 2021 shall be reduced by 5%.
| ||||||
4 | (b)(1) All moneys deposited in the Public Transportation | ||||||
5 | Fund and the
Regional Transportation Authority Occupation and | ||||||
6 | Use Tax Replacement Fund,
whether deposited pursuant to this | ||||||
7 | Section or otherwise, are allocated to
the Authority, except | ||||||
8 | for amounts appropriated to the Office of the Executive | ||||||
9 | Inspector General as authorized by subsection (h) of Section | ||||||
10 | 4.03.3 and amounts transferred to the Audit Expense Fund | ||||||
11 | pursuant to Section 6z-27 of the State Finance Act. The | ||||||
12 | Comptroller, as soon as
possible after each monthly transfer | ||||||
13 | provided in this Section and after
each deposit into the | ||||||
14 | Public Transportation Fund, shall order the Treasurer
to pay | ||||||
15 | to the Authority out of the Public Transportation Fund the | ||||||
16 | amount so
transferred or deposited. Any Additional State | ||||||
17 | Assistance and Additional Financial Assistance paid to the | ||||||
18 | Authority under this Section shall be expended by the | ||||||
19 | Authority for its purposes as provided in this Act. The | ||||||
20 | balance of the amounts paid to the Authority from the Public | ||||||
21 | Transportation Fund shall be expended by the Authority as | ||||||
22 | provided in Section 4.03.3. The
Comptroller,
as soon as | ||||||
23 | possible after each deposit into the Regional Transportation
| ||||||
24 | Authority Occupation and Use Tax Replacement Fund provided in | ||||||
25 | this Section
and Section 6z-17 of the State Finance Act, shall | ||||||
26 | order the Treasurer
to pay to the Authority out of the Regional |
| |||||||
| |||||||
1 | Transportation Authority
Occupation and Use Tax Replacement | ||||||
2 | Fund the amount so deposited. Such
amounts paid to the | ||||||
3 | Authority may be expended by it for its purposes as
provided in | ||||||
4 | this Act. The provisions directing the distributions from the | ||||||
5 | Public Transportation Fund and the Regional Transportation | ||||||
6 | Authority Occupation and Use Tax Replacement Fund provided for | ||||||
7 | in this Section shall constitute an irrevocable and continuing | ||||||
8 | appropriation of all amounts as provided herein. The State | ||||||
9 | Treasurer and State Comptroller are hereby authorized and | ||||||
10 | directed to make distributions as provided in this Section. | ||||||
11 | (2) Provided, however, no moneys deposited under subsection | ||||||
12 | (a)
of this Section shall be paid from the Public | ||||||
13 | Transportation
Fund to the Authority or its assignee for any | ||||||
14 | fiscal year until the Authority has certified to
the Governor, | ||||||
15 | the Comptroller, and the Mayor of the City of Chicago that it
| ||||||
16 | has adopted for that fiscal year an Annual Budget and Two-Year | ||||||
17 | Financial Plan
meeting the
requirements in Section 4.01(b).
| ||||||
18 | (c) In recognition of the efforts of the Authority to | ||||||
19 | enhance the mass
transportation facilities under its control, | ||||||
20 | the State shall provide
financial assistance ("Additional | ||||||
21 | State Assistance") in excess of the
amounts transferred to the | ||||||
22 | Authority from the General Revenue Fund under
subsection (a) | ||||||
23 | of this Section. Additional State Assistance shall be
| ||||||
24 | calculated as provided in
subsection (d), but shall in no | ||||||
25 | event exceed the following
specified amounts with respect to | ||||||
26 | the following State fiscal years:
| ||||||
| ||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||
11 | (c-5) The State shall provide financial assistance | |||||||||||||||||||||||||||||||||||||||||
12 | ("Additional Financial
Assistance") in addition to the | |||||||||||||||||||||||||||||||||||||||||
13 | Additional State Assistance provided by
subsection (c) and the | |||||||||||||||||||||||||||||||||||||||||
14 | amounts transferred to the Authority from the General
Revenue | |||||||||||||||||||||||||||||||||||||||||
15 | Fund under subsection (a) of this Section. Additional | |||||||||||||||||||||||||||||||||||||||||
16 | Financial
Assistance provided by this subsection shall be | |||||||||||||||||||||||||||||||||||||||||
17 | calculated as provided in
subsection (d), but shall in no | |||||||||||||||||||||||||||||||||||||||||
18 | event exceed the following specified amounts
with respect to | |||||||||||||||||||||||||||||||||||||||||
19 | the following State fiscal years:
| |||||||||||||||||||||||||||||||||||||||||
|
| |||||||
| |||||||
1 | (d) Beginning with State fiscal year 1990 and continuing | ||||||
2 | for each
State fiscal year thereafter, the Authority shall | ||||||
3 | annually certify to the
State Comptroller and State Treasurer, | ||||||
4 | separately with respect to each of
subdivisions (g)(2) and | ||||||
5 | (g)(3) of Section 4.04 of this Act, the following
amounts:
| ||||||
6 | (1) The amount necessary and required, during the | ||||||
7 | State fiscal year with
respect to which the certification | ||||||
8 | is made, to pay its obligations for debt
service on all | ||||||
9 | outstanding bonds or notes issued by the Authority under | ||||||
10 | subdivisions (g)(2) and (g)(3) of
Section 4.04 of this | ||||||
11 | Act.
| ||||||
12 | (2) An estimate of the amount necessary and required | ||||||
13 | to pay its
obligations for debt service for any bonds or | ||||||
14 | notes which the Authority anticipates it
will issue under | ||||||
15 | subdivisions (g)(2) and (g)(3) of Section 4.04 during
that | ||||||
16 | State fiscal year.
| ||||||
17 | (3) Its debt service savings during the preceding | ||||||
18 | State fiscal year
from refunding or advance refunding of | ||||||
19 | bonds or notes issued under subdivisions
(g)(2) and (g)(3) | ||||||
20 | of Section 4.04.
| ||||||
21 | (4) The amount of interest, if any, earned by the | ||||||
22 | Authority during the
previous State fiscal year on the | ||||||
23 | proceeds of bonds or notes issued pursuant to
subdivisions | ||||||
24 | (g)(2) and (g)(3) of Section 4.04, other than refunding or | ||||||
25 | advance
refunding bonds or notes.
| ||||||
26 | The certification shall include a specific
schedule of |
| |||||||
| |||||||
1 | debt service payments, including the date and amount of each
| ||||||
2 | payment for all outstanding bonds or notes and an estimated | ||||||
3 | schedule of
anticipated debt service for all bonds and notes | ||||||
4 | it intends to issue, if any,
during that State fiscal year, | ||||||
5 | including the estimated date and estimated
amount of each | ||||||
6 | payment.
| ||||||
7 | Immediately upon the issuance of bonds for which an | ||||||
8 | estimated schedule
of debt service payments was prepared, the | ||||||
9 | Authority shall file an amended
certification with respect to | ||||||
10 | item (2) above, to specify the actual
schedule of debt service | ||||||
11 | payments, including the date and amount of each
payment, for | ||||||
12 | the remainder of the State fiscal year.
| ||||||
13 | On the first day of each month of the
State fiscal year in | ||||||
14 | which there are bonds outstanding with respect to which
the | ||||||
15 | certification is made, the State Comptroller shall order | ||||||
16 | transferred and
the State Treasurer shall transfer from the | ||||||
17 | Road Fund to the
Public Transportation Fund the Additional | ||||||
18 | State Assistance and Additional
Financial Assistance in an | ||||||
19 | amount equal to the aggregate of
(i) one-twelfth of the sum of | ||||||
20 | the amounts certified under items
(1) and (3) above less the | ||||||
21 | amount certified under item (4) above, plus
(ii)
the amount | ||||||
22 | required to pay debt service on bonds and notes
issued during | ||||||
23 | the fiscal year, if any, divided by the number of months
| ||||||
24 | remaining in the fiscal year after the date of issuance, or | ||||||
25 | some smaller
portion as may be necessary under subsection (c)
| ||||||
26 | or (c-5) of this Section for the relevant State fiscal year, |
| |||||||
| |||||||
1 | plus
(iii) any cumulative deficiencies in transfers for prior | ||||||
2 | months,
until an amount equal to the
sum of the amounts | ||||||
3 | certified under items (1) and (3) above,
plus the actual debt | ||||||
4 | service certified under item (2) above,
less the amount | ||||||
5 | certified under item (4) above,
has been transferred; except | ||||||
6 | that these transfers are subject to the
following limits:
| ||||||
7 | (A) In no event shall the total transfers in any State | ||||||
8 | fiscal
year relating to outstanding bonds and notes issued | ||||||
9 | by the Authority under
subdivision (g)(2) of Section 4.04 | ||||||
10 | exceed the lesser of the annual maximum
amount specified | ||||||
11 | in subsection (c) or the sum of the amounts
certified | ||||||
12 | under items (1) and (3) above,
plus the actual debt | ||||||
13 | service certified under item (2) above,
less the amount | ||||||
14 | certified under item
(4) above, with respect to those | ||||||
15 | bonds and notes.
| ||||||
16 | (B) In no event shall the total transfers in any State | ||||||
17 | fiscal year
relating to outstanding bonds and notes issued | ||||||
18 | by the Authority under
subdivision (g)(3) of Section 4.04 | ||||||
19 | exceed the lesser of the annual maximum
amount specified | ||||||
20 | in subsection (c-5) or the sum of the amounts certified | ||||||
21 | under
items (1) and (3) above,
plus the actual debt | ||||||
22 | service certified under item (2) above,
less the amount | ||||||
23 | certified under item (4) above, with
respect to those | ||||||
24 | bonds and notes.
| ||||||
25 | The term "outstanding" does not include bonds or notes for | ||||||
26 | which
refunding or advance refunding bonds or notes have been |
| |||||||
| |||||||
1 | issued.
| ||||||
2 | (e) Neither Additional State Assistance nor Additional | ||||||
3 | Financial
Assistance may be pledged, either directly or
| ||||||
4 | indirectly as general revenues of the Authority, as security | ||||||
5 | for any bonds
issued by the Authority. The Authority may not | ||||||
6 | assign its right to receive
Additional State Assistance or | ||||||
7 | Additional Financial Assistance, or direct
payment of | ||||||
8 | Additional State
Assistance or Additional Financial | ||||||
9 | Assistance, to a trustee or any other
entity for the
payment of | ||||||
10 | debt service
on its bonds.
| ||||||
11 | (f) The certification required under subsection (d) with | ||||||
12 | respect to
outstanding bonds and notes of the Authority shall | ||||||
13 | be
filed as early as practicable before the beginning of the | ||||||
14 | State fiscal
year to which it relates. The certification shall | ||||||
15 | be revised as may be
necessary to accurately state the debt | ||||||
16 | service requirements of the Authority.
| ||||||
17 | (g) Within 6 months of the end of each fiscal year, the | ||||||
18 | Authority shall determine: | ||||||
19 | (i) whether
the aggregate of all system generated | ||||||
20 | revenues for public transportation
in the metropolitan | ||||||
21 | region which is provided by, or under grant or purchase
of | ||||||
22 | service contracts with, the Service Boards equals 50% of | ||||||
23 | the aggregate
of all costs of providing such public | ||||||
24 | transportation. "System generated
revenues" include all | ||||||
25 | the proceeds of fares and charges for services provided,
| ||||||
26 | contributions received in connection with public |
| |||||||
| |||||||
1 | transportation from units
of local government other than | ||||||
2 | the Authority, except for contributions received by the | ||||||
3 | Chicago Transit Authority from a real estate transfer tax | ||||||
4 | imposed under subsection (i) of Section 8-3-19 of the | ||||||
5 | Illinois Municipal Code, and from the State pursuant
to | ||||||
6 | subsection (i) of Section 2705-305 of the Department of | ||||||
7 | Transportation Law, and all other revenues properly | ||||||
8 | included consistent
with generally accepted accounting | ||||||
9 | principles but may not include: the proceeds
from any | ||||||
10 | borrowing, and, beginning with the 2007 fiscal year, all | ||||||
11 | revenues and receipts, including but not limited to fares | ||||||
12 | and grants received from the federal, State or any unit of | ||||||
13 | local government or other entity, derived from providing | ||||||
14 | ADA paratransit service pursuant to Section 2.30 of the | ||||||
15 | Regional Transportation Authority Act. "Costs" include all | ||||||
16 | items properly included as
operating costs consistent with | ||||||
17 | generally accepted accounting principles,
including | ||||||
18 | administrative costs, but do not include: depreciation; | ||||||
19 | payment
of principal and interest on bonds, notes or other | ||||||
20 | evidences of obligations
for borrowed money of the | ||||||
21 | Authority; payments with respect to public
transportation | ||||||
22 | facilities made pursuant to subsection (b) of Section | ||||||
23 | 2.20;
any payments with respect to rate protection | ||||||
24 | contracts, credit
enhancements or liquidity agreements | ||||||
25 | made under Section 4.14; any other
cost as to which it is | ||||||
26 | reasonably expected that a cash
expenditure will not be |
| |||||||
| |||||||
1 | made; costs for passenger
security including grants, | ||||||
2 | contracts, personnel, equipment and
administrative | ||||||
3 | expenses, except in the case of the Chicago Transit
| ||||||
4 | Authority, in which case the term does not include costs | ||||||
5 | spent annually by
that entity for protection against crime | ||||||
6 | as required by Section 27a of the
Metropolitan Transit | ||||||
7 | Authority Act; the costs of Debt Service paid by the | ||||||
8 | Chicago Transit Authority, as defined in Section 12c of | ||||||
9 | the Metropolitan Transit Authority Act, or bonds or notes | ||||||
10 | issued pursuant to that Section; the payment by the | ||||||
11 | Commuter Rail Division of debt service on bonds issued | ||||||
12 | pursuant to Section 3B.09; expenses incurred by the | ||||||
13 | Suburban Bus Division for the cost of new public | ||||||
14 | transportation services funded from grants pursuant to | ||||||
15 | Section 2.01e of this Act for a period of 2 years from the | ||||||
16 | date of initiation of each such service; costs as exempted | ||||||
17 | by the Board for
projects pursuant to Section 2.09 of this | ||||||
18 | Act; or, beginning with the 2007 fiscal year, expenses | ||||||
19 | related to providing ADA paratransit service pursuant to | ||||||
20 | Section 2.30 of the Regional Transportation Authority Act; | ||||||
21 | or in fiscal years 2008 through 2012 inclusive, costs in | ||||||
22 | the amount of $200,000,000 in fiscal year 2008, reducing | ||||||
23 | by $40,000,000 in each fiscal year thereafter until this | ||||||
24 | exemption is eliminated. If said system generated
revenues | ||||||
25 | are less than 50% of said costs, the Board shall remit an | ||||||
26 | amount
equal to the amount of the deficit to the State; |
| |||||||
| |||||||
1 | however, due to the fiscal impacts from the COVID-19 | ||||||
2 | pandemic, for fiscal years 2021, 2022, and 2023 , 2024, and | ||||||
3 | 2025 , no such payment shall be required. The Treasurer | ||||||
4 | shall
deposit any such payment in the Road Fund; and
| ||||||
5 | (ii) whether, beginning with the 2007 fiscal year, the | ||||||
6 | aggregate of all fares charged and received for ADA | ||||||
7 | paratransit services equals the system generated ADA | ||||||
8 | paratransit services revenue recovery ratio percentage of | ||||||
9 | the aggregate of all costs of providing such ADA | ||||||
10 | paratransit services.
| ||||||
11 | (h) If the Authority makes any payment to the State under | ||||||
12 | paragraph (g),
the Authority shall reduce the amount provided | ||||||
13 | to a Service Board from funds
transferred under paragraph (a) | ||||||
14 | in proportion to the amount by which
that Service Board failed | ||||||
15 | to meet its required system generated revenues
recovery ratio. | ||||||
16 | A Service Board which is affected by a reduction in funds
under | ||||||
17 | this paragraph shall submit to the Authority concurrently with | ||||||
18 | its
next due quarterly report a revised budget incorporating | ||||||
19 | the reduction in
funds. The revised budget must meet the | ||||||
20 | criteria specified in clauses (i)
through (vi) of Section | ||||||
21 | 4.11(b)(2). The Board shall review and act on the
revised | ||||||
22 | budget as provided in Section 4.11(b)(3).
| ||||||
23 | (Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20; | ||||||
24 | 102-678, eff. 12-10-21.)
| ||||||
25 | Section 90. The State Mandates Act is amended by adding |
| |||||||
| |||||||
1 | Section 8.47 as follows:
| ||||||
2 | (30 ILCS 805/8.47 new) | ||||||
3 | Sec. 8.47. Exempt mandate. Notwithstanding Sections 6 and | ||||||
4 | 8 of this Act, no reimbursement by the State is required for | ||||||
5 | the implementation of the mandate created by Section 2.10a of | ||||||
6 | the Regional Transportation Authority Act in this amendatory | ||||||
7 | Act of the 103rd General Assembly.
| ||||||
8 | Section 99. Effective date. This Section and Sections 2.41 | ||||||
9 | and 2.42 of the Regional Transportation Authority Act take | ||||||
10 | effect upon becoming law.".
|