Bill Text: IL HB1342 | 2023-2024 | 103rd General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Reinserts the provisions of the engrossed bill with the following additions. Further amends the Metropolitan Transit Authority Act, the Local Mass Transit District Act, and the Regional Transportation Authority Act. Adds limits to suspension of riding privileges and confiscation of fare media and required procedures. Further amends the Metropolitan Transit Authority Act. Provides that the Chicago Transit Board shall partner with the City of Chicago to provide transportation at reduced fares for participants in programs which offer employment and internship opportunities to youth and young adults ages 14 to 24. Further amends the Regional Transportation Authority Act. Provides that, due to the fiscal impacts of the COVID-19 pandemic, the aggregate of all projected fare revenues from specified fares and charges received in fiscal years 2021, 2022, 2023, 2024, and 2025 (rather than 2021, 2022, and 2023) may be less than 50% of the aggregate costs of providing public transportation in those fiscal years. Creates the Domestic Violence and Sexual Assault Regional Transit Authority Public Transportation Assistance Program to issue monetarily preloaded mass transit cards to The Network: Advocating Against Domestic Violence for survivor and victim use of public transportation through the Chicago Transit Authority, the Suburban Bus Division, and the Commuter Rail Division. Provides that, after January 1, 2026, a Service Board may not enter into a new contract to purchase a bus that is not a zero-emission bus for the purpose of the Service Board's transit bus fleet, and amends the State Mandates Act to require implementation without reimbursement. Requires the Regional Transportation Authority to study and submit a report to the Governor and General Assembly regarding the feasibility and cost of providing year-round reduced or free transit fares for veterans, returning residents, and students who are not currently receiving a free or reduced fare. Requires the Suburban Bus Division and the Commuter Rail Division to create or partner with a youth jobs program to provide internship or employment opportunities to youth and young adults. Makes other changes. Provides that certain provisions are effective immediately.
Spectrum: Moderate Partisan Bill (Democrat 20-3)
Status: (Passed) 2023-07-28 - Public Act . . . . . . . . . 103-0281 [HB1342 Detail]
Download: Illinois-2023-HB1342-Enrolled.html
Bill Title: Reinserts the provisions of the engrossed bill with the following additions. Further amends the Metropolitan Transit Authority Act, the Local Mass Transit District Act, and the Regional Transportation Authority Act. Adds limits to suspension of riding privileges and confiscation of fare media and required procedures. Further amends the Metropolitan Transit Authority Act. Provides that the Chicago Transit Board shall partner with the City of Chicago to provide transportation at reduced fares for participants in programs which offer employment and internship opportunities to youth and young adults ages 14 to 24. Further amends the Regional Transportation Authority Act. Provides that, due to the fiscal impacts of the COVID-19 pandemic, the aggregate of all projected fare revenues from specified fares and charges received in fiscal years 2021, 2022, 2023, 2024, and 2025 (rather than 2021, 2022, and 2023) may be less than 50% of the aggregate costs of providing public transportation in those fiscal years. Creates the Domestic Violence and Sexual Assault Regional Transit Authority Public Transportation Assistance Program to issue monetarily preloaded mass transit cards to The Network: Advocating Against Domestic Violence for survivor and victim use of public transportation through the Chicago Transit Authority, the Suburban Bus Division, and the Commuter Rail Division. Provides that, after January 1, 2026, a Service Board may not enter into a new contract to purchase a bus that is not a zero-emission bus for the purpose of the Service Board's transit bus fleet, and amends the State Mandates Act to require implementation without reimbursement. Requires the Regional Transportation Authority to study and submit a report to the Governor and General Assembly regarding the feasibility and cost of providing year-round reduced or free transit fares for veterans, returning residents, and students who are not currently receiving a free or reduced fare. Requires the Suburban Bus Division and the Commuter Rail Division to create or partner with a youth jobs program to provide internship or employment opportunities to youth and young adults. Makes other changes. Provides that certain provisions are effective immediately.
Spectrum: Moderate Partisan Bill (Democrat 20-3)
Status: (Passed) 2023-07-28 - Public Act . . . . . . . . . 103-0281 [HB1342 Detail]
Download: Illinois-2023-HB1342-Enrolled.html
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1 | AN ACT concerning local government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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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
| ||||||
17 | offense. All fines and penalties shall be imposed by | ||||||
18 | ordinances, which
shall be published in a newspaper of
general | ||||||
19 | circulation published in
the metropolitan area. No such | ||||||
20 | ordinance shall take effect until ten
days after its | ||||||
21 | publication.
| ||||||
22 | (Source: P.A. 80-937.)
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1 | (70 ILCS 3605/51) | ||||||
2 | Sec. 51. Free and reduced fare services; eligibility. | ||||||
3 | (a) Notwithstanding any law to the contrary, no later than | ||||||
4 | 60 days following the effective date of this amendatory Act of | ||||||
5 | the 95th General Assembly and until subsection (b) is | ||||||
6 | implemented, any fixed route public transportation services | ||||||
7 | provided by, or under grant or purchase of service contracts | ||||||
8 | of, the Board shall be provided without charge to all senior | ||||||
9 | citizens of the Metropolitan Region (as such term is defined | ||||||
10 | in 70 ILCS 3615/1.03) aged 65 and older, under such conditions | ||||||
11 | as shall be prescribed by the Board.
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12 | (b) Notwithstanding any law to the contrary, no later than | ||||||
13 | 180 days following the effective date of this amendatory Act | ||||||
14 | of the 96th General Assembly, any fixed route public | ||||||
15 | transportation services provided by, or under grant or | ||||||
16 | purchase of service contracts of, the Board shall be provided | ||||||
17 | without charge to senior citizens aged 65 and older who meet | ||||||
18 | the income eligibility limitation set forth in subsection | ||||||
19 | (a-5) of Section 4 of the Senior Citizens and Persons with | ||||||
20 | Disabilities Property Tax Relief Act, under such conditions as | ||||||
21 | shall be prescribed by the Board. The Department on Aging | ||||||
22 | shall furnish all information reasonably necessary to | ||||||
23 | determine eligibility, including updated lists of individuals | ||||||
24 | who are eligible for services without charge under this | ||||||
25 | Section. Nothing in this Section shall relieve the Board from | ||||||
26 | providing reduced fares as may be required by federal law. |
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1 | (c) The Board shall partner with the City of Chicago to | ||||||
2 | provide transportation at reduced fares for participants in | ||||||
3 | programs that offer employment and internship opportunities to | ||||||
4 | youth and young adults ages 14 through 24. | ||||||
5 | (Source: P.A. 99-143, eff. 7-27-15.)
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6 | Section 10. The Local Mass Transit District Act is amended | ||||||
7 | by changing Section 5 and adding Section 5.6 as follows:
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8 | (70 ILCS 3610/5) (from Ch. 111 2/3, par. 355)
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9 | Sec. 5.
(a) The Board of Trustees of every District may | ||||||
10 | establish or
acquire any or all manner of mass transit | ||||||
11 | facility. The Board may engage
in the business of | ||||||
12 | transportation of passengers on scheduled routes and
by | ||||||
13 | contract on nonscheduled routes within the territorial limits | ||||||
14 | of the
counties or municipalities creating the District, by | ||||||
15 | whatever means it
may decide. Its routes may be extended | ||||||
16 | beyond such territorial limits
with the consent of the | ||||||
17 | governing bodies of the municipalities or
counties into which | ||||||
18 | such operation is extended.
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19 | (b) The Board of Trustees of every District may for the | ||||||
20 | purposes of
the District, acquire by gift, purchase, lease, | ||||||
21 | legacy, condemnation, or
otherwise and hold, use, improve, | ||||||
22 | maintain, operate, own, manage or
lease, as lessor or lessee, | ||||||
23 | such cars, buses, equipment, buildings,
structures, real and | ||||||
24 | personal property, and interests therein, and services,
lands |
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1 | for
terminal and other related facilities, improvements and | ||||||
2 | services, or
any interest therein, including all or
any part | ||||||
3 | of the plant, land, buildings, equipment, vehicles, licenses,
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4 | franchises,
patents, property, service contracts and | ||||||
5 | agreements of every kind and
nature.
Real property may be so | ||||||
6 | acquired if it is situated within or partially
within the area | ||||||
7 | served by the District or if it is outside the area
if it is | ||||||
8 | desirable or necessary for the purposes of the District.
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9 | (c) The Board of Trustees of every District which | ||||||
10 | establishes, provides,
or
acquires mass transit facilities or | ||||||
11 | services may contract with any person
or
corporation or public | ||||||
12 | or private entity for the operation or provision
thereof upon | ||||||
13 | such terms and conditions as
the District shall determine.
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14 | (d) The Board of Trustees of every District shall have the | ||||||
15 | authority
to contract for any and all purposes of the | ||||||
16 | District, including with an
interstate
transportation | ||||||
17 | authority, or with another local
Mass Transit District or any | ||||||
18 | other municipal, public, or private
corporation
entity in
the | ||||||
19 | transportation business including the authority to contract to | ||||||
20 | lease
its or otherwise provide land, buildings, and equipment, | ||||||
21 | and other
related facilities, improvements, and services, for | ||||||
22 | the carriage of
passengers beyond the territorial
limits of | ||||||
23 | the District or to subsidize transit operations by a public or
| ||||||
24 | private
or municipal corporation operating entity providing | ||||||
25 | mass transit
facilities.
| ||||||
26 | (e) The Board of Trustees of every District shall have the |
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1 | authority
to establish, alter and discontinue transportation | ||||||
2 | routes and services and
any or all
ancillary or supporting | ||||||
3 | facilities and services, and to establish and amend
rate
| ||||||
4 | schedules for the transportation of persons thereon or for the | ||||||
5 | public or
private use thereof which rate schedules shall, | ||||||
6 | together with any
grants, receipts or income from other | ||||||
7 | sources, be sufficient to pay the
expenses of the District, | ||||||
8 | the repair, maintenance and the safe and
adequate operation of | ||||||
9 | its mass transit facilities and public mass
transportation
| ||||||
10 | system and to fulfill the terms of its debts, undertakings, | ||||||
11 | and
obligations.
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12 | (f) The Board of Trustees of every District shall have | ||||||
13 | perpetual
succession and shall have the following powers in | ||||||
14 | addition to any others
in this Act granted:
| ||||||
15 | (1) to sue and be sued;
| ||||||
16 | (2) to adopt and use a seal;
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17 | (3) to make and execute contracts loans, leases, | ||||||
18 | subleases, installment
purchase agreements, contracts, | ||||||
19 | notes and other instruments evidencing
financial | ||||||
20 | obligations, and other instruments necessary or
convenient | ||||||
21 | in the exercise of its powers;
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22 | (4) to make, amend and repeal bylaws, rules and | ||||||
23 | regulations not
inconsistent with this Act , including | ||||||
24 | rules and regulations proper or necessary to regulate the | ||||||
25 | use, operation, and maintenance of its properties and | ||||||
26 | facilities and to carry into effect the powers granted to |
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1 | the Board of Trustees, with any necessary fines or | ||||||
2 | penalties, such as the suspension of riding privileges or | ||||||
3 | confiscation of fare media under Section 5.6, as the Board | ||||||
4 | deems proper ;
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5 | (5) to sell, lease, sublease, license, transfer, | ||||||
6 | convey or
otherwise dispose of any of its real or personal | ||||||
7 | property, or
interests
therein, in whole or in part, at | ||||||
8 | any time upon such terms and conditions as
it may | ||||||
9 | determine,
with public bidding if the value exceeds $1,000 | ||||||
10 | at negotiated, competitive,
public, or private sale;
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11 | (6) to invest funds, not required for immediate | ||||||
12 | disbursement, in
property, agreements, or securities legal | ||||||
13 | for investment of public
funds
controlled by
savings banks | ||||||
14 | under applicable law;
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15 | (7) to mortgage, pledge, hypothecate or otherwise | ||||||
16 | encumber all or
any part of its real or personal property | ||||||
17 | or other assets, or
interests therein;
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18 | (8) to apply for, accept and use grants, loans or | ||||||
19 | other financial
assistance from any private entity or | ||||||
20 | municipal, county, State or Federal
governmental
agency or | ||||||
21 | other public entity;
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22 | (9) to borrow money from the United States Government | ||||||
23 | or any agency
thereof, or from any other public or private | ||||||
24 | source, for the purposes of
the District and,
as evidence | ||||||
25 | thereof, to issue its revenue bonds, payable solely from | ||||||
26 | the
revenue derived from the operation of the District. |
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1 | These bonds may be
issued with maturities not exceeding 40 | ||||||
2 | years from the date of the
bonds, and in such amounts as | ||||||
3 | may be necessary to provide sufficient
funds, together | ||||||
4 | with interest, for the purposes of the District. These
| ||||||
5 | bonds shall bear interest at a rate of not more than the | ||||||
6 | maximum rate
authorized by the Bond Authorization Act, as | ||||||
7 | amended at the time of the
making of the contract of sale, | ||||||
8 | payable semi-annually, may be made
registerable as to
| ||||||
9 | principal, and may be made payable and callable as | ||||||
10 | provided on any
interest payment date at a price of
par and | ||||||
11 | accrued interest under such terms and conditions as may be | ||||||
12 | fixed by the
ordinance authorizing the issuance of the | ||||||
13 | bonds. Bonds issued under this
Section are negotiable | ||||||
14 | instruments. They shall be executed by the chairman and
| ||||||
15 | members of the Board of Trustees, attested by the | ||||||
16 | secretary, and shall be
sealed with the corporate seal of
| ||||||
17 | the District. In case any Trustee or officer whose | ||||||
18 | signature appears on the
bonds or
coupons ceases to hold | ||||||
19 | that office before the bonds are delivered, such
officer's
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20 | signature, shall nevertheless be valid and sufficient for | ||||||
21 | all purposes, the
same as though such officer had remained | ||||||
22 | in office until the bonds
were delivered. The
bonds shall | ||||||
23 | be sold in such manner and upon such terms as the Board of | ||||||
24 | Trustees
shall determine, except that the selling price | ||||||
25 | shall be such that the interest
cost to the District of the | ||||||
26 | proceeds of the bonds shall not exceed the maximum
rate |
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1 | authorized by the Bond Authorization Act, as amended at | ||||||
2 | the time of the
making of the contract of sale, payable | ||||||
3 | semi-annually, computed to maturity
according
to the | ||||||
4 | standard table of bond values.
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5 | The ordinance shall fix the amount of revenue bonds | ||||||
6 | proposed to be
issued, the maturity or maturities, the | ||||||
7 | interest rate, which 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, and all the | ||||||
10 | details in
connection
with the bonds. The ordinance may | ||||||
11 | contain such covenants and restrictions upon
the issuance | ||||||
12 | of additional revenue bonds thereafter, which will share | ||||||
13 | equally
in the revenue of the District, as may be deemed | ||||||
14 | necessary or advisable for
the
assurance of the payment of | ||||||
15 | the bonds first issued. Any District may also
provide in | ||||||
16 | the ordinance authorizing the issuance of bonds under this | ||||||
17 | Section
that the bonds, or such ones thereof as may be | ||||||
18 | specified, shall, to the extent
and in the manner | ||||||
19 | prescribed, be subordinated and be junior in standing, | ||||||
20 | with
respect to the payment of principal and interest and | ||||||
21 | the security thereof, to
such other bonds as are | ||||||
22 | designated in the ordinance.
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23 | The ordinance shall pledge the revenue derived from | ||||||
24 | the operations of
the District for the purpose of paying | ||||||
25 | the cost of operation and
maintenance of the District, | ||||||
26 | and, as applicable, providing adequate
depreciation funds,
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1 | and paying the principal of and interest on the bonds of | ||||||
2 | the District
issued under this Section;
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3 | (10) subject to Section 5.1, to levy a tax on property | ||||||
4 | within the
District at the rate of not to exceed .25% on | ||||||
5 | the assessed value of such
property in the manner provided | ||||||
6 | in the Illinois Municipal Budget Law;
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7 | (11) to issue tax anticipation warrants;
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8 | (12) to contract with any school district in this | ||||||
9 | State to provide
for the transportation of pupils to and | ||||||
10 | from school within such district
pursuant to the | ||||||
11 | provisions of Section 29-15 of the School Code;
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12 | (13) to provide for the insurance of any property, | ||||||
13 | directors,
officers, employees or operations of the | ||||||
14 | District against any risk or
hazard, and to self-insure or | ||||||
15 | participate in joint self-insurance pools or
entities to | ||||||
16 | insure against such risk or hazard;
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17 | (14) to use its established funds, personnel, and | ||||||
18 | other resources to
acquire, construct, operate, and | ||||||
19 | maintain bikeways and trails. Districts
may cooperate with | ||||||
20 | other governmental and private agencies in bikeway and
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21 | trail programs; and
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22 | (15) to acquire, own, maintain, construct, | ||||||
23 | reconstruct, improve, repair,
operate or lease any | ||||||
24 | light-rail public transportation system, terminal,
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25 | terminal facility, public airport, or bridge or toll | ||||||
26 | bridge across waters with
any city, state, or both.
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1 | With respect to instruments for the payment of money | ||||||
2 | issued under this
Section either before, on, or after June 6, | ||||||
3 | 1989 (the effective date of Public Act 86-4), it is and always | ||||||
4 | has been the intention of the General
Assembly (i) that the | ||||||
5 | Omnibus Bond Acts are and always have been
supplementary | ||||||
6 | grants of power to issue instruments in accordance with the
| ||||||
7 | Omnibus Bond Acts, regardless of any provision of this Act | ||||||
8 | that may appear
to be or to have been more restrictive than | ||||||
9 | those Acts, (ii) that the
provisions of this Section are not a | ||||||
10 | limitation on the supplementary
authority granted by the | ||||||
11 | Omnibus Bond Acts, and (iii) that instruments
issued under | ||||||
12 | this Section within the supplementary authority granted
by the | ||||||
13 | Omnibus Bond Acts are not invalid because of any provision of
| ||||||
14 | this Act that may appear to be or to have been more restrictive | ||||||
15 | than
those Acts.
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16 | This Section shall be liberally construed to give effect | ||||||
17 | to its purposes.
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18 | (Source: P.A. 99-642, eff. 7-28-16.)
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19 | (70 ILCS 3610/5.6 new) | ||||||
20 | Sec. 5.6. Suspension of riding privileges and confiscation | ||||||
21 | of fare media. | ||||||
22 | (a) As used in this Section, "demographic information" | ||||||
23 | includes, but is not limited to, age, race, ethnicity, gender, | ||||||
24 | and housing status, as that term is defined under Section 10 of | ||||||
25 | the Bill of Rights for the Homeless Act. |
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1 | (b) Suspension of riding privileges and confiscation of | ||||||
2 | fare media are limited to: | ||||||
3 | (1) violations where the person's conduct places | ||||||
4 | transit employees or transit passengers in reasonable | ||||||
5 | apprehension of a threat to their safety or the safety of | ||||||
6 | others, including assault and battery, as
those terms are | ||||||
7 | defined under Sections 12-1 and 12-3 of the Criminal Code | ||||||
8 | of 2012; | ||||||
9 | (2) violations where the person's conduct places | ||||||
10 | transit employees or transit passengers in reasonable | ||||||
11 | apprehension of a threat of a criminal sexual assault, as | ||||||
12 | that term is defined under Section 11-1.20 of the Criminal | ||||||
13 | Code of 2012; and | ||||||
14 | (3) violations involving an act of public indecency, | ||||||
15 | as that term is defined in Section 11-30 of the Criminal | ||||||
16 | Code of 2012. | ||||||
17 | (c) Written notice shall be provided to an individual | ||||||
18 | regarding the suspension of the individual's riding privileges | ||||||
19 | or confiscation of fare media.
The notice shall be provided in | ||||||
20 | person at the time of the alleged violation, except that, if | ||||||
21 | providing notice in person at the time of the alleged | ||||||
22 | violation is not practicable, then the Authority shall make a | ||||||
23 | reasonable effort to provide notice to the individual by | ||||||
24 | either personal service, by mailing a copy of the notice by | ||||||
25 | certified mail, return receipt requested, and first-class mail | ||||||
26 | to the person's current address, or by emailing a copy of the |
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1 | notice to an email address on file, if available. If the person | ||||||
2 | is known to be detained in jail, service shall be made as | ||||||
3 | provided under Section 2-203.2 of the Code of Civil Procedure. | ||||||
4 | The written notice shall be sufficient to inform the | ||||||
5 | individual about the following: | ||||||
6 | (1) the nature of the suspension of riding privileges | ||||||
7 | or confiscation of fare media; | ||||||
8 | (2) the person's rights and available remedies to | ||||||
9 | contest or appeal the suspension of riding privileges or | ||||||
10 | confiscation of fare media and to apply for reinstatement | ||||||
11 | of riding privileges; and | ||||||
12 | (3) the procedures for adjudicating whether a | ||||||
13 | suspension or confiscation is warranted and for applying | ||||||
14 | for reinstatement of riding privileges, including the time | ||||||
15 | and location of any hearing. | ||||||
16 | The process to determine whether a suspension or riding | ||||||
17 | privileges or confiscation of fare media is warranted and the | ||||||
18 | length of the suspension shall be concluded within 30 business | ||||||
19 | days after the individual receives notice of the suspension or | ||||||
20 | confiscation. | ||||||
21 | Notwithstanding any other provision of this Section, no | ||||||
22 | person shall be denied the ability to contest or appeal a | ||||||
23 | suspension of riding privileges or confiscation of fare media, | ||||||
24 | or to attend a hearing to determine whether a
suspension or | ||||||
25 | confiscation was warranted, because the person was detained in | ||||||
26 | a jail. |
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1 | (d) Each Board shall create an administrative suspension | ||||||
2 | hearing process as follows: | ||||||
3 | (1) A Board shall designate an official to oversee the | ||||||
4 | administrative process to decide whether a suspension is | ||||||
5 | warranted and the length of the suspension. | ||||||
6 | (2) The accused and related parties, including legal | ||||||
7 | counsel, may attend this hearing in person, by telephone, | ||||||
8 | or virtually. | ||||||
9 | (3) The Board shall present the suspension-related | ||||||
10 | evidence and outline the evidence that supports the need | ||||||
11 | for the suspension. | ||||||
12 | (4) The accused or the accused's legal counsel can | ||||||
13 | present and may make an oral or written presentation and | ||||||
14 | offer documents, including affidavits, in response to the | ||||||
15 | Board's evidence. | ||||||
16 | (5) The Board's designated official shall make a | ||||||
17 | finding on the suspension. | ||||||
18 | (6) The value of unexpended credit or unexpired passes | ||||||
19 | shall be reimbursed upon suspension of riding privileges | ||||||
20 | or confiscation of fare media. | ||||||
21 | (7) The alleged victims of the violation and related | ||||||
22 | parties, including witnesses who were present, may attend | ||||||
23 | this hearing in person, by telephone, or virtually. | ||||||
24 | (8) The alleged victims of the violation and related | ||||||
25 | parties, including witnesses who were present, can present | ||||||
26 | and may make an oral or written presentation and offer |
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1 | documents, including affidavits, in response to the | ||||||
2 | Board's evidence. | ||||||
3 | (e) Each Board shall create a process to appeal and | ||||||
4 | reinstate ridership privileges. This information shall be | ||||||
5 | provided
to the suspended rider at the time of the Board's | ||||||
6 | findings.
A suspended rider is entitled to 2 appeals after the | ||||||
7 | Board's finding to suspend the person's ridership.
A suspended | ||||||
8 | rider may petition the Board to reinstate the person's | ||||||
9 | ridership privileges one calendar year after the Board's | ||||||
10 | suspension finding if the length of the suspension is more | ||||||
11 | than one year. | ||||||
12 | (f) Each Board shall collect, report, and make publicly | ||||||
13 | available in a quarterly timeframe the number and demographic | ||||||
14 | information of people subject to suspension of riding | ||||||
15 | privileges or confiscation of fare media, the conduct leading | ||||||
16 | to the suspension or confiscation, as well as the location and | ||||||
17 | description of the location where the conduct occurred, such | ||||||
18 | as identifying the transit station or transit line, date, and | ||||||
19 | time of day, a citation to the statutory authority for which | ||||||
20 | the accused person was arrested or charged, the amount, if | ||||||
21 | any, on the fare media, and the length of the suspension.
| ||||||
22 | Section 15. The Regional Transportation Authority Act is | ||||||
23 | amended by changing Sections 3A.09, 4.01, and 4.09 and by | ||||||
24 | adding Sections 2.10a, 2.40, 2.41, 2.42, 3.12, and 3B.09c as | ||||||
25 | follows:
|
| |||||||
| |||||||
1 | (70 ILCS 3615/2.10a new) | ||||||
2 | Sec. 2.10a. Zero-emission buses. | ||||||
3 | (a) As used in this Section: | ||||||
4 | "Zero-emission bus" means a bus that is: | ||||||
5 | (1) designed to carry more than 10 passengers and is | ||||||
6 | used to carry passengers for compensation. | ||||||
7 | (2) a zero-emission vehicle; and | ||||||
8 | (3) not a taxi. | ||||||
9 | "Zero-emission vehicle" means a fuel cell or electric | ||||||
10 | vehicle that: | ||||||
11 | (1) is a motor vehicle; | ||||||
12 | (2) is made by a commercial manufacturer; | ||||||
13 | (3) is manufactured primarily for use on public | ||||||
14 | streets, roads, and highways; | ||||||
15 | (4) has a maximum speed capability of at least 55 | ||||||
16 | miles per hour; | ||||||
17 | (5) is powered entirely by electricity or powered by | ||||||
18 | combining hydrogen and oxygen, which runs the motor; | ||||||
19 | (6) has an operating range of at least 100 miles; and | ||||||
20 | (7) produces only water vapor and heat as byproducts. | ||||||
21 | (b) On or after July 1, 2026, a Service Board may not enter | ||||||
22 | into a new contract to purchase a bus that is not a | ||||||
23 | zero-emission bus for the purpose of the Service Board's | ||||||
24 | transit bus fleet. | ||||||
25 | (c) For the purposes of determining compliance with this |
| |||||||
| |||||||
1 | Section, a Service Board shall not be deemed to be in violation | ||||||
2 | of this Section when failure to comply is due to: | ||||||
3 | (1) the unavailability of zero-emission buses from a | ||||||
4 | manufacturer or funding to purchase zero-emission buses; | ||||||
5 | (2) the lack of necessary charging, fueling, or | ||||||
6 | storage facilities or funding to procure charging, | ||||||
7 | fueling, or storage facilities; or | ||||||
8 | (3) the inability of a third party to enter into a | ||||||
9 | contractual or commercial relationship with a Service | ||||||
10 | Board that is necessary to carry out the purposes of this | ||||||
11 | Section.
| ||||||
12 | (70 ILCS 3615/2.40 new) | ||||||
13 | Sec. 2.40. Suspension of riding privileges and | ||||||
14 | confiscation of fare media. | ||||||
15 | (a) As used in this Section, "demographic information" | ||||||
16 | includes, but is not limited to, age, race, ethnicity, gender, | ||||||
17 | and housing status, as that term is defined under Section 10 of | ||||||
18 | the Bill of Rights for the Homeless Act. | ||||||
19 | (b) Suspension of riding privileges and confiscation of | ||||||
20 | fare media are limited to: | ||||||
21 | (1) violations where the person's conduct places | ||||||
22 | transit employees or transit passengers in reasonable | ||||||
23 | apprehension of a threat to their safety or the safety of | ||||||
24 | others, including assault and battery, as
those terms are | ||||||
25 | defined under Sections 12-1 and 12-3 of the Criminal Code |
| |||||||
| |||||||
1 | of 2012; | ||||||
2 | (2) violations where the person's conduct places | ||||||
3 | transit employees or transit passengers in reasonable | ||||||
4 | apprehension of a threat of a criminal sexual assault, as | ||||||
5 | that term is defined under Section 11-1.20 of the Criminal | ||||||
6 | Code of 2012; and | ||||||
7 | (3) violations involving an act of public indecency, | ||||||
8 | as that term is defined in Section 11-30 of the Criminal | ||||||
9 | Code of 2012. | ||||||
10 | (c) Written notice shall be provided to an individual | ||||||
11 | regarding the suspension of the individual's riding privileges | ||||||
12 | or confiscation of fare media.
The notice shall be provided in | ||||||
13 | person at the time of the alleged violation, except that, if | ||||||
14 | providing notice in person at the time of the alleged | ||||||
15 | violation is not practicable, then the Authority shall make a | ||||||
16 | reasonable effort to provide notice to the individual by | ||||||
17 | personal service, by mailing a copy of the notice by certified | ||||||
18 | mail, return receipt requested, and first-class mail to the | ||||||
19 | person's current address, or by emailing a copy of the notice | ||||||
20 | to an email address on file, if available. If the person is | ||||||
21 | known to be detained in jail, service shall be made as provided | ||||||
22 | under Section 2-203.2 of the Code of Civil Procedure. The | ||||||
23 | written notice shall be sufficient to inform the individual | ||||||
24 | about the following: | ||||||
25 | (1) the nature of the suspension of riding privileges | ||||||
26 | or confiscation of fare media; |
| |||||||
| |||||||
1 | (2) the person's rights and available remedies to | ||||||
2 | contest or appeal the suspension of riding privileges or | ||||||
3 | confiscation of fare media and to apply for reinstatement | ||||||
4 | of riding privileges; and | ||||||
5 | (3) the procedures for adjudicating whether a | ||||||
6 | suspension or confiscation is warranted and for applying | ||||||
7 | for reinstatement of riding privileges, including the time | ||||||
8 | and location of any hearing. | ||||||
9 | The process to determine whether a suspension or riding | ||||||
10 | privileges or confiscation of fare media is warranted and the | ||||||
11 | length of the suspension shall be concluded within 30 business | ||||||
12 | days after the individual receives notice of the suspension or | ||||||
13 | confiscation. | ||||||
14 | Notwithstanding any other provision of this Section, no | ||||||
15 | person shall be denied the ability to contest or appeal a | ||||||
16 | suspension of riding privileges or confiscation of fare media, | ||||||
17 | or to attend a hearing to determine whether a
suspension or | ||||||
18 | confiscation was warranted, because the person was detained in | ||||||
19 | a jail. | ||||||
20 | (d) Each Service Board shall create an administrative | ||||||
21 | suspension hearing process as follows: | ||||||
22 | (1) A Service Board shall designate an official to | ||||||
23 | oversee the administrative process to decide whether a | ||||||
24 | suspension is warranted and the length of the suspension. | ||||||
25 | (2) The accused and related parties, including legal | ||||||
26 | counsel, may attend this hearing in person, by telephone, |
| |||||||
| |||||||
1 | or virtually. | ||||||
2 | (3) The Service Board shall present the | ||||||
3 | suspension-related evidence and outline the evidence that | ||||||
4 | supports the need for the suspension. | ||||||
5 | (4) The accused or the accused's legal counsel can | ||||||
6 | present and may make an oral or written presentation and | ||||||
7 | offer documents, including affidavits, in response to the | ||||||
8 | Service Board's evidence. | ||||||
9 | (5) The Service Board's designated official shall make | ||||||
10 | a finding on the suspension. | ||||||
11 | (6) The value of unexpended credit or unexpired passes | ||||||
12 | shall be reimbursed upon suspension of riding privileges | ||||||
13 | or confiscation of fare media. | ||||||
14 | (7) The alleged victims of the violation and related | ||||||
15 | parties, including witnesses who were present, may attend | ||||||
16 | this hearing in person, by telephone, or virtually. | ||||||
17 | (8) The alleged victims of the violation and related | ||||||
18 | parties, including witnesses who were present, can present | ||||||
19 | and may make an oral or written presentation and offer | ||||||
20 | documents, including affidavits, in response to the | ||||||
21 | Service Board's evidence. | ||||||
22 | (e) Each Service Board shall create a process to appeal | ||||||
23 | and reinstate ridership privileges. This information shall be | ||||||
24 | provided
to the suspended rider at the time of the Service | ||||||
25 | Board's findings.
A suspended rider is entitled to 2 appeals | ||||||
26 | after the Service Board's finding to suspend the person's |
| |||||||
| |||||||
1 | ridership.
A suspended rider may petition the Service Board to | ||||||
2 | reinstate the person's ridership privileges one calendar year | ||||||
3 | after the Service Board's suspension finding if the length of | ||||||
4 | the suspension is more than one year. | ||||||
5 | (f) Each Service Board shall collect, report, and make | ||||||
6 | publicly available in a quarterly timeframe the number and | ||||||
7 | demographic information of people subject to suspension of | ||||||
8 | riding privileges or confiscation of fare media, the conduct | ||||||
9 | leading to the suspension or confiscation, as well as the | ||||||
10 | location and description of the location where the conduct | ||||||
11 | occurred, such as identifying the transit station or transit | ||||||
12 | line, date, and time of day, a citation to the statutory | ||||||
13 | authority for which the accused person was arrested or | ||||||
14 | charged, the amount, if any, on the fare media, and the length | ||||||
15 | of the suspension.
| ||||||
16 | (70 ILCS 3615/2.41 new) | ||||||
17 | Sec. 2.41. Domestic Violence and Sexual Assault Regional | ||||||
18 | Transit Authority Public Transportation Assistance Program. | ||||||
19 | (a) No later than 90 days after the effective date of this | ||||||
20 | amendatory Act of the 103rd General Assembly, the Authority | ||||||
21 | shall create the Domestic Violence and Sexual Assault Regional | ||||||
22 | Transit Authority Public Transportation Assistance Program to | ||||||
23 | serve residents of the Authority. | ||||||
24 | Through this Program, the Authority shall issue monetarily | ||||||
25 | preloaded mass transit cards to The Network: Advocating |
| |||||||
| |||||||
1 | Against Domestic Violence for survivor and victim use of | ||||||
2 | public transportation through Chicago Transit Authority, the | ||||||
3 | Suburban Bus Division, and the Commuter Rail Division. | ||||||
4 | The Authority shall coordinate with The Network: | ||||||
5 | Advocating Against Domestic Violence to issue no less than | ||||||
6 | 25,000 monetarily preloaded mass transit cards with a value of | ||||||
7 | $20 per card for distribution to domestic violence and sexual | ||||||
8 | assault service providers throughout the Authority's | ||||||
9 | jurisdiction, including the counties of Cook, Kane, DuPage, | ||||||
10 | Will, Lake, and McHenry. | ||||||
11 | The mass transit card shall be plastic or laminated and | ||||||
12 | wallet-sized, contain no information that would reference | ||||||
13 | domestic violence or sexual assault services, and have no | ||||||
14 | expiration date. The cards shall also be available | ||||||
15 | electronically and shall be distributed to domestic violence | ||||||
16 | and sexual assault direct service providers to distribute to | ||||||
17 | survivors. | ||||||
18 | The total number of mass transit cards shall be | ||||||
19 | distributed to domestic violence and sexual assault service | ||||||
20 | providers throughout the Authority's region based on the | ||||||
21 | average number of clients served in 2021 and 2022 in | ||||||
22 | comparison to the total number of mass transit cards granted | ||||||
23 | by the Authority. | ||||||
24 | (b) The creation of the Program shall include an | ||||||
25 | appointment of a domestic violence or sexual assault program | ||||||
26 | service provider or a representative of the service provider's |
| |||||||
| |||||||
1 | choosing to the Authority's Citizen Advisory Board. | ||||||
2 | The Network: Advocating Against Domestic Violence shall | ||||||
3 | provide an annual report of the program, including a list of | ||||||
4 | service providers receiving the mass transit cards, the total | ||||||
5 | number of cards received by each service provider, and an | ||||||
6 | estimated number of survivors and victims of domestic violence | ||||||
7 | and sexual assault participating in the program. The report | ||||||
8 | shall also include survivor testimonies of the program and | ||||||
9 | shall include program provided recommendations on improving | ||||||
10 | implementation of the Program. The report shall be provided to | ||||||
11 | the Regional Transit Authority one calendar year after the | ||||||
12 | creation of the Program. | ||||||
13 | In partnership with The Network: Advocating Against | ||||||
14 | Domestic Violence, the Authority shall report this information | ||||||
15 | to the Board and the Citizen Advisory Board and compile an | ||||||
16 | annual report of the Program to the General Assembly and to | ||||||
17 | domestic violence and sexual assault service providers in the | ||||||
18 | service providers' jurisdiction and include recommendations | ||||||
19 | for improving implementation of the Program.
| ||||||
20 | (70 ILCS 3615/2.42 new) | ||||||
21 | Sec. 2.42. Youth and young adults internships and | ||||||
22 | employment. By January 1, 2024, the Suburban Bus Board and the | ||||||
23 | Commuter Rail Board shall create or partner with a youth jobs | ||||||
24 | program to provide internship or employment opportunities to | ||||||
25 | youth and young adults.
|
| |||||||
| |||||||
1 | (70 ILCS 3615/3.12 new) | ||||||
2 | Sec. 3.12. Reduced or free transit fare study. | ||||||
3 | (a) By July 1, 2024, the Authority shall conduct a study | ||||||
4 | and submit a report to the Governor and General Assembly | ||||||
5 | regarding free and reduced fares and the development of a more | ||||||
6 | equitable fare structure for the regional transit system. The | ||||||
7 | study shall include: | ||||||
8 | (1) The impact and feasibility of providing year-round | ||||||
9 | reduced or free transit fares, including, but not limited | ||||||
10 | to, veterans, returning residents, students and youths, | ||||||
11 | people experiencing low-incomes, and other riders who are | ||||||
12 | not currently receiving free or reduced fares. | ||||||
13 | (2) A review of all reduced fare programs administered | ||||||
14 | by the Authority and the service boards, which includes | ||||||
15 | information on accounting of the total cost of the | ||||||
16 | program, costs to increase the program, current sources of | ||||||
17 | funding for the program, and recommendations to increase | ||||||
18 | enrollment in current reduced fare and free-ride programs | ||||||
19 | and any other recommendations for improvements to the | ||||||
20 | programs. | ||||||
21 | (3) Analysis of how reduced and free ride programs and | ||||||
22 | changes in eligibility and funding for these programs | ||||||
23 | would affect the regional transit operating budget. | ||||||
24 | (b) In this Section, "returning resident" means any United | ||||||
25 | States resident who is 17 years of age or older and has been in |
| |||||||
| |||||||
1 | and left the physical custody of the Department of Corrections | ||||||
2 | within the last 36 months. | ||||||
3 |
| ||||||
4 | (70 ILCS 3615/3A.09) (from Ch. 111 2/3, par. 703A.09)
| ||||||
5 | Sec. 3A.09. General powers. In addition to any powers | ||||||
6 | elsewhere provided
to the Suburban Bus Board, it shall have | ||||||
7 | all of the powers specified in
Section 2.20 of this Act except | ||||||
8 | for the powers specified in Section 2.20(a)(v). The Board | ||||||
9 | shall also have the power:
| ||||||
10 | (a) to cooperate with the Regional Transportation | ||||||
11 | Authority in the
exercise by the Regional Transportation | ||||||
12 | Authority of all the powers granted
it by such Act;
| ||||||
13 | (b) to receive funds from the Regional Transportation | ||||||
14 | Authority pursuant
to Sections 2.02, 4.01, 4.02, 4.09 and | ||||||
15 | 4.10 of the Regional Transportation
Authority Act, all as | ||||||
16 | provided in the Regional Transportation Authority Act;
| ||||||
17 | (c) to receive financial grants from the Regional | ||||||
18 | Transportation
Authority or a Service Board, as defined in | ||||||
19 | the Regional Transportation
Authority Act, upon such terms | ||||||
20 | and conditions as shall be set forth in a
grant contract | ||||||
21 | between either the Division and the Regional | ||||||
22 | Transportation
Authority or the Division and another | ||||||
23 | Service Board, which contract or
agreement may be for such | ||||||
24 | number of years or duration as the parties agree,
all as | ||||||
25 | provided in the Regional Transportation Authority Act; |
| |||||||
| |||||||
1 | (d) to perform all functions necessary for the | ||||||
2 | provision of paratransit services under Section 2.30 of | ||||||
3 | this Act; and
| ||||||
4 | (e) to borrow money for the purposes of: (i) | ||||||
5 | constructing a new garage in the northwestern Cook County | ||||||
6 | suburbs, (ii) converting the South Cook garage in Markham | ||||||
7 | to a Compressed Natural Gas facility, (iii) constructing a | ||||||
8 | new paratransit garage in DuPage County, (iv) expanding | ||||||
9 | the North Shore garage in Evanston to accommodate | ||||||
10 | additional indoor bus parking, and (v) purchasing new | ||||||
11 | transit buses. For the purpose of evidencing the | ||||||
12 | obligation of the Suburban Bus Board to repay any money | ||||||
13 | borrowed as provided in this subsection, the Suburban Bus | ||||||
14 | Board may issue revenue bonds from time to time pursuant | ||||||
15 | to ordinance adopted by the Suburban Bus Board, subject to | ||||||
16 | the approval of the Regional Transportation Authority of | ||||||
17 | each such issuance by the affirmative vote of 12 of its | ||||||
18 | then Directors; provided that the Suburban Bus Board may | ||||||
19 | not issue bonds for the purpose of financing the | ||||||
20 | acquisition, construction, or improvement of any facility | ||||||
21 | other than those listed in this subsection (e). All such | ||||||
22 | bonds shall be payable solely from the revenues or income | ||||||
23 | or any other funds that the Suburban Bus Board may | ||||||
24 | receive, provided that the Suburban Bus Board may not | ||||||
25 | pledge as security for such bonds the moneys, if any, that | ||||||
26 | the Suburban Bus Board receives from the Regional |
| |||||||
| |||||||
1 | Transportation Authority pursuant to Section 4.03.3(f) of | ||||||
2 | the Regional Transportation Authority Act. The bonds shall | ||||||
3 | bear interest at a rate not to exceed the maximum rate | ||||||
4 | authorized by the Bond Authorization Act and shall mature | ||||||
5 | at such time or times not exceeding 25 years from their | ||||||
6 | respective dates. Bonds issued pursuant to this paragraph | ||||||
7 | must be issued with scheduled principal or mandatory | ||||||
8 | redemption payments in equal amounts in each fiscal year | ||||||
9 | over the term of the bonds, with the first principal or | ||||||
10 | mandatory redemption payment scheduled within the fiscal | ||||||
11 | year in which bonds are issued or within the next | ||||||
12 | succeeding fiscal year. At least 25%, based on total | ||||||
13 | principal amount, of all bonds authorized pursuant to this | ||||||
14 | Section shall be sold pursuant to notice of sale and | ||||||
15 | public bid. No more than 75%, based on total principal | ||||||
16 | amount, of all bonds authorized pursuant to this Section | ||||||
17 | shall be sold by negotiated sale. The maximum principal | ||||||
18 | amount of the bonds that may be issued may not exceed | ||||||
19 | $100,000,000. The bonds shall have all the qualities of | ||||||
20 | negotiable instruments under the laws of this State. To | ||||||
21 | secure the payment of any or all of such bonds and for the | ||||||
22 | purpose of setting forth the covenants and undertakings of | ||||||
23 | the Suburban Bus Board in connection with the issuance | ||||||
24 | thereof and the issuance of any additional bonds payable | ||||||
25 | from such revenue or income as well as the use and | ||||||
26 | application of the revenue or income received by the |
| |||||||
| |||||||
1 | Suburban Bus Board, the Suburban Bus Board may execute and | ||||||
2 | deliver a trust agreement or agreements; provided that no | ||||||
3 | lien upon any physical property of the Suburban Bus Board | ||||||
4 | shall be created thereby. A remedy for any breach or | ||||||
5 | default of the terms of any such trust agreement by the | ||||||
6 | Suburban Bus Board may be by mandamus proceedings in any | ||||||
7 | court of competent jurisdiction to compel performance and | ||||||
8 | compliance therewith, but the trust agreement may | ||||||
9 | prescribe by whom or on whose behalf such action may be | ||||||
10 | instituted. Under no circumstances shall any bonds issued | ||||||
11 | by the Suburban Bus Board or any other obligation of the | ||||||
12 | Suburban Bus Board in connection with the issuance of such | ||||||
13 | bonds be or become an indebtedness or obligation of the | ||||||
14 | State of Illinois, the Regional Transportation Authority, | ||||||
15 | or any other political subdivision of or municipality | ||||||
16 | within the State, nor shall any such bonds or obligations | ||||||
17 | be or become an indebtedness of the Suburban Bus Board | ||||||
18 | within the purview of any constitutional limitation or | ||||||
19 | provision, and it shall be plainly stated on the face of | ||||||
20 | each bond that it does not constitute such an indebtedness | ||||||
21 | or obligation but is payable solely from the revenues or | ||||||
22 | income as aforesaid ; and . | ||||||
23 | (f) to adopt ordinances and make all rules and | ||||||
24 | regulations proper or necessary to regulate the use, | ||||||
25 | operation, and maintenance of its property and facilities | ||||||
26 | and to carry into effect the powers granted to the |
| |||||||
| |||||||
1 | Suburban Bus Board, with any necessary fines or penalties, | ||||||
2 | such as the suspension of riding privileges or | ||||||
3 | confiscation of fare media under Section 2.40, as the | ||||||
4 | Board deems proper. | ||||||
5 | (Source: P.A. 99-665, eff. 7-29-16.)
| ||||||
6 | (70 ILCS 3615/3B.09c new) | ||||||
7 | Sec. 3B.09c. Regulation of the use, operation, and | ||||||
8 | maintenance of property. The Chief of Police of the Metra | ||||||
9 | Police Department may make rules and regulations proper or | ||||||
10 | necessary to regulate the use, operation, and maintenance of | ||||||
11 | the property and facilities of the Commuter Rail Board and to | ||||||
12 | carry into effect the powers granted to the Chief by the | ||||||
13 | Commuter Rail Board, with any necessary fines or penalties, | ||||||
14 | such as the suspension of riding privileges or confiscation of | ||||||
15 | fare media under Section 2.40, that the Chief deems proper.
| ||||||
16 | (70 ILCS 3615/4.01) (from Ch. 111 2/3, par. 704.01)
| ||||||
17 | Sec. 4.01. Budget and Program.
| ||||||
18 | (a) The Board shall control the finances
of the Authority. | ||||||
19 | It shall by ordinance adopted by the affirmative vote of at | ||||||
20 | least 12 of its then Directors (i) appropriate money to | ||||||
21 | perform the
Authority's purposes and provide for payment of | ||||||
22 | debts and expenses of
the Authority, (ii) take action with | ||||||
23 | respect to the budget and two-year financial plan of each | ||||||
24 | Service Board, as provided in Section 4.11, and (iii) adopt an |
| |||||||
| |||||||
1 | Annual Budget and Two-Year Financial Plan for the Authority | ||||||
2 | that includes the annual budget and two-year financial plan of | ||||||
3 | each Service Board that has been approved by the Authority. | ||||||
4 | The Annual Budget and Two-Year Financial Plan
shall contain a | ||||||
5 | statement
of the funds estimated to be on hand for the | ||||||
6 | Authority and each Service Board at the beginning of the | ||||||
7 | fiscal
year, the funds estimated to be received from all | ||||||
8 | sources for such year, the estimated expenses and obligations | ||||||
9 | of the Authority and each Service Board for all purposes, | ||||||
10 | including expenses for contributions to be made with respect | ||||||
11 | to pension and other employee benefits,
and the funds | ||||||
12 | estimated to be on hand at the end of such year. The fiscal | ||||||
13 | year of the Authority and each Service Board shall
begin on | ||||||
14 | January 1st and end on the succeeding December 31st.
By July | ||||||
15 | 1st of each year the Director of the
Illinois
Governor's | ||||||
16 | Office of Management and Budget (formerly Bureau of the
| ||||||
17 | Budget) shall submit
to the Authority an estimate of revenues | ||||||
18 | for the next fiscal year of the Authority to be
collected from | ||||||
19 | the taxes imposed by the Authority and the amounts to be
| ||||||
20 | available in the Public Transportation Fund and the Regional | ||||||
21 | Transportation
Authority Occupation and Use Tax Replacement | ||||||
22 | Fund and the amounts otherwise to be appropriated by the State | ||||||
23 | to the Authority for its purposes. The Authority shall file a | ||||||
24 | copy of its Annual Budget and Two-Year Financial Plan with
the
| ||||||
25 | General Assembly and the Governor after its adoption. Before | ||||||
26 | the proposed Annual Budget and Two-Year Financial Plan
is |
| |||||||
| |||||||
1 | adopted, the Authority
shall hold at least one public hearing | ||||||
2 | thereon
in the metropolitan region, and shall meet
with the | ||||||
3 | county board or its designee of
each of the several counties in | ||||||
4 | the metropolitan region. After conducting
such hearings and | ||||||
5 | holding such meetings and after making such changes
in the | ||||||
6 | proposed Annual Budget and Two-Year Financial Plan
as the | ||||||
7 | Board deems appropriate, the
Board shall adopt its annual | ||||||
8 | appropriation and Annual Budget and Two-Year Financial Plan
| ||||||
9 | ordinance. The ordinance may be adopted
only upon the | ||||||
10 | affirmative votes of 12
of its then Directors. The
ordinance | ||||||
11 | shall appropriate such sums of money as are deemed necessary
| ||||||
12 | to defray all necessary expenses and obligations of the | ||||||
13 | Authority,
specifying purposes and the objects or programs for | ||||||
14 | which appropriations
are made and the amount appropriated for | ||||||
15 | each object or program.
Additional appropriations, transfers | ||||||
16 | between items and other changes in
such ordinance may be made | ||||||
17 | from time to time by the Board upon the
affirmative votes of 12
| ||||||
18 | of its then Directors.
| ||||||
19 | (b) The Annual Budget and Two-Year Financial Plan
shall | ||||||
20 | show a balance between anticipated revenues from
all sources | ||||||
21 | and anticipated expenses including funding of operating | ||||||
22 | deficits
or the discharge of encumbrances incurred in prior | ||||||
23 | periods and payment of
principal and interest when due, and | ||||||
24 | shall show cash balances sufficient
to pay with reasonable | ||||||
25 | promptness all obligations and expenses as incurred.
| ||||||
26 | The Annual Budget and Two-Year Financial Plan
must show: |
| |||||||
| |||||||
1 | (i) that the level of fares
and charges for mass | ||||||
2 | transportation provided by, or under grant or purchase
of | ||||||
3 | service contracts of, the Service Boards is sufficient to | ||||||
4 | cause the
aggregate of all projected fare revenues from | ||||||
5 | such fares and charges received
in each fiscal year to | ||||||
6 | equal at least 50% of the aggregate costs of providing
| ||||||
7 | such public transportation in such fiscal year. However, | ||||||
8 | due to the fiscal impacts of the COVID-19 pandemic, the | ||||||
9 | aggregate of all projected fare revenues from such fares | ||||||
10 | and charges received in fiscal years 2021, 2022, and 2023 , | ||||||
11 | 2024, and 2025 may be less than 50% of the aggregate costs | ||||||
12 | of providing such public transportation in those fiscal | ||||||
13 | years. "Fare revenues" include
the proceeds of all fares | ||||||
14 | and charges for services provided, contributions
received | ||||||
15 | in connection with public transportation from units of | ||||||
16 | local
government other than the Authority, except for | ||||||
17 | contributions received by the Chicago Transit Authority | ||||||
18 | from a real estate transfer tax imposed under subsection | ||||||
19 | (i) of Section 8-3-19 of the Illinois Municipal Code, and | ||||||
20 | from the State pursuant to subsection
(i) of Section | ||||||
21 | 2705-305 of the Department of Transportation Law (20 ILCS
| ||||||
22 | 2705/2705-305), and all other operating revenues properly | ||||||
23 | included consistent
with generally accepted accounting | ||||||
24 | principles but do not include: the proceeds
of any | ||||||
25 | borrowings, and, beginning with the 2007 fiscal year, all | ||||||
26 | revenues and receipts, including but not limited to fares |
| |||||||
| |||||||
1 | and grants received from the federal, State or any unit of | ||||||
2 | local government or other entity, derived from providing | ||||||
3 | ADA paratransit service pursuant to Section 2.30 of the | ||||||
4 | Regional Transportation Authority Act. "Costs" include all | ||||||
5 | items properly included as operating
costs consistent with | ||||||
6 | generally accepted accounting principles, including
| ||||||
7 | administrative costs, but do not include: depreciation; | ||||||
8 | payment of principal
and interest on bonds, notes or
other | ||||||
9 | evidences of obligation for borrowed money issued by the | ||||||
10 | Authority;
payments with respect to public transportation | ||||||
11 | facilities made pursuant
to subsection (b) of Section 2.20 | ||||||
12 | of this Act; any payments with respect
to rate protection | ||||||
13 | contracts, credit enhancements or liquidity agreements
| ||||||
14 | made under Section 4.14; any other cost to which it
is | ||||||
15 | reasonably expected that a cash expenditure
will not be | ||||||
16 | made; costs for passenger
security including grants, | ||||||
17 | contracts, personnel, equipment and
administrative | ||||||
18 | expenses, except in the case of the Chicago Transit
| ||||||
19 | Authority, in which case the term does not include costs | ||||||
20 | spent annually by
that entity for protection against crime | ||||||
21 | as required by Section 27a of the
Metropolitan Transit | ||||||
22 | Authority Act; the payment by the Chicago Transit | ||||||
23 | Authority of Debt Service, as defined in Section 12c of | ||||||
24 | the Metropolitan Transit Authority Act, on bonds or notes | ||||||
25 | issued pursuant to that Section; the payment by the | ||||||
26 | Commuter Rail Division of debt service on bonds issued |
| |||||||
| |||||||
1 | pursuant to Section 3B.09; expenses incurred by the | ||||||
2 | Suburban Bus Division for the cost of new public | ||||||
3 | transportation services funded from grants pursuant to | ||||||
4 | Section 2.01e of this amendatory Act of the 95th General | ||||||
5 | Assembly for a period of 2 years from the date of | ||||||
6 | initiation of each such service; costs as exempted by the | ||||||
7 | Board for
projects pursuant to Section 2.09 of this Act; | ||||||
8 | or, beginning with the 2007 fiscal year, expenses related | ||||||
9 | to providing ADA paratransit service pursuant to Section | ||||||
10 | 2.30 of the Regional Transportation Authority Act; and in | ||||||
11 | fiscal years 2008 through 2012 inclusive, costs in the | ||||||
12 | amount of $200,000,000 in fiscal year 2008, reducing by | ||||||
13 | $40,000,000 in each fiscal year thereafter until this | ||||||
14 | exemption is eliminated; and | ||||||
15 | (ii) that the level of fares charged for ADA | ||||||
16 | paratransit services is sufficient to cause the aggregate | ||||||
17 | of all projected revenues from such fares charged and | ||||||
18 | received in each fiscal year to equal at least 10% of the | ||||||
19 | aggregate costs of providing such ADA paratransit | ||||||
20 | services. However, due to the fiscal impacts of the | ||||||
21 | COVID-19 pandemic, the aggregate of all projected fare | ||||||
22 | revenues from such fares and charges received in fiscal | ||||||
23 | years 2021, 2022, and 2023 , 2024, and 2025 may be less than | ||||||
24 | 10% of the aggregate costs of providing such ADA | ||||||
25 | paratransit services in those fiscal years. For purposes | ||||||
26 | of this Act, the percentages in this subsection (b)(ii) |
| |||||||
| |||||||
1 | shall be referred to as the "system generated ADA | ||||||
2 | paratransit services revenue recovery ratio". For purposes | ||||||
3 | of the system generated ADA paratransit services revenue | ||||||
4 | recovery ratio, "costs" shall include all items properly | ||||||
5 | included as operating costs consistent with generally | ||||||
6 | accepted accounting principles. However, the Board may | ||||||
7 | exclude from costs an amount that does not exceed the | ||||||
8 | allowable "capital costs of contracting" for ADA | ||||||
9 | paratransit services pursuant to the Federal Transit | ||||||
10 | Administration guidelines for the Urbanized Area Formula | ||||||
11 | Program.
| ||||||
12 | The Authority shall file a statement certifying that the | ||||||
13 | Service Boards published the data described in subsection | ||||||
14 | (b-5) with the General Assembly and the Governor after | ||||||
15 | adoption of the Annual Budget and Two-Year Financial Plan | ||||||
16 | required by subsection (a). If the Authority fails to file a | ||||||
17 | statement certifying publication of the data, then the | ||||||
18 | appropriations to the Department of Transportation for grants | ||||||
19 | to the Authority intended to reimburse the Service Boards for | ||||||
20 | providing free and reduced fares shall be withheld. | ||||||
21 | (b-5) For fiscal years 2024 and 2025, the Service Boards | ||||||
22 | must publish a monthly comprehensive set of data regarding | ||||||
23 | transit service and safety. The data included shall include | ||||||
24 | information to track operations including: | ||||||
25 | (1) staffing levels, including numbers of budgeted | ||||||
26 | positions, current positions employed, hired staff, |
| |||||||
| |||||||
1 | attrition, staff in training, and absenteeism rates; | ||||||
2 | (2) scheduled service and delivered service, including | ||||||
3 | percentage of scheduled service delivered by day, service | ||||||
4 | by mode of transportation, service by route and rail line, | ||||||
5 | total number of revenue miles driven, excess wait times by | ||||||
6 | day, by mode of transportation, by bus route, and by stop; | ||||||
7 | and | ||||||
8 | (3) safety on the system, including the number of | ||||||
9 | incidents of crime and code of conduct violations on | ||||||
10 | system, any performance measures used to evaluate the | ||||||
11 | effectiveness of investments in private security, safety | ||||||
12 | equipment, and other security investments in the system. | ||||||
13 | If no performance measures exist to evaluate the | ||||||
14 | effectiveness of these safety investments, the Service | ||||||
15 | Boards and Authority shall develop and publish these | ||||||
16 | performance measures. | ||||||
17 | The Authority and Service Boards shall solicit input and | ||||||
18 | ideas on publishing data on the service reliability, | ||||||
19 | operations, and safety of the system from the public and | ||||||
20 | groups representing transit riders, workers, and businesses. | ||||||
21 | (c) The actual administrative expenses of the Authority | ||||||
22 | for the fiscal
year commencing January 1, 1985 may not exceed | ||||||
23 | $5,000,000.
The actual administrative expenses of the | ||||||
24 | Authority for the fiscal year
commencing January 1, 1986, and | ||||||
25 | for each fiscal year thereafter shall not
exceed the maximum | ||||||
26 | administrative expenses for the previous fiscal year plus
5%. |
| |||||||
| |||||||
1 | "Administrative
expenses" are defined for purposes of this | ||||||
2 | Section as all expenses except:
(1) capital expenses and | ||||||
3 | purchases of the Authority on behalf of the Service
Boards; | ||||||
4 | (2) payments to Service Boards; and (3) payment of principal
| ||||||
5 | and interest on bonds, notes or other evidence of obligation | ||||||
6 | for borrowed
money issued by the Authority; (4) costs for | ||||||
7 | passenger security including
grants, contracts, personnel, | ||||||
8 | equipment and administrative expenses; (5)
payments with | ||||||
9 | respect to public transportation facilities made pursuant to
| ||||||
10 | subsection (b) of Section 2.20 of this Act; and (6) any | ||||||
11 | payments with
respect to rate protection contracts, credit | ||||||
12 | enhancements or liquidity
agreements made pursuant to Section | ||||||
13 | 4.14.
| ||||||
14 | (d) This subsection applies only until the Department | ||||||
15 | begins administering and enforcing an increased tax under | ||||||
16 | Section 4.03(m) as authorized by this amendatory Act of the | ||||||
17 | 95th General Assembly. After withholding 15% of the proceeds | ||||||
18 | of any tax imposed by the
Authority and 15% of money received | ||||||
19 | by the Authority from the Regional
Transportation Authority | ||||||
20 | Occupation and Use Tax Replacement Fund,
the Board shall | ||||||
21 | allocate the proceeds and money remaining to the Service
| ||||||
22 | Boards as follows: (1) an amount equal to 85% of the proceeds | ||||||
23 | of those
taxes collected within the City of Chicago and 85% of | ||||||
24 | the money received by
the Authority on account of transfers to | ||||||
25 | the Regional Transportation
Authority Occupation and Use Tax | ||||||
26 | Replacement Fund from the County and Mass
Transit District |
| |||||||
| |||||||
1 | Fund attributable to retail sales within the City of
Chicago | ||||||
2 | shall be allocated to the Chicago Transit
Authority; (2) an | ||||||
3 | amount equal to 85% of the proceeds of those taxes
collected | ||||||
4 | within Cook County outside the City of Chicago and 85% of the
| ||||||
5 | money received by the Authority on account of transfers to the | ||||||
6 | Regional
Transportation Authority Occupation and Use Tax | ||||||
7 | Replacement Fund from the
County and Mass Transit District | ||||||
8 | Fund attributable to retail sales within
Cook County outside | ||||||
9 | of the city of Chicago shall be allocated
30% to the Chicago | ||||||
10 | Transit Authority, 55% to the Commuter Rail Board and
15% to | ||||||
11 | the Suburban Bus Board; and (3) an amount equal to 85% of the
| ||||||
12 | proceeds of the taxes collected within the Counties of DuPage, | ||||||
13 | Kane, Lake,
McHenry and Will shall be allocated 70% to the | ||||||
14 | Commuter Rail Board and 30%
to the Suburban Bus Board.
| ||||||
15 | (e) This subsection applies only until the Department | ||||||
16 | begins administering and enforcing an increased tax under | ||||||
17 | Section 4.03(m) as authorized by this amendatory Act of the | ||||||
18 | 95th General Assembly. Moneys received by the Authority on | ||||||
19 | account of transfers to the
Regional Transportation Authority | ||||||
20 | Occupation and Use Tax Replacement Fund
from the State and | ||||||
21 | Local Sales Tax Reform Fund shall be
allocated among the | ||||||
22 | Authority and the Service Boards as follows: 15% of
such | ||||||
23 | moneys shall be retained by the Authority and the remaining | ||||||
24 | 85%
shall be transferred to the Service Boards as soon as may | ||||||
25 | be
practicable after the Authority receives payment. Moneys | ||||||
26 | which are
distributable to the Service Boards pursuant to the |
| |||||||
| |||||||
1 | preceding sentence
shall be allocated among the Service Boards | ||||||
2 | on the basis of each Service
Board's distribution ratio. The | ||||||
3 | term "distribution ratio" means,
for purposes of this | ||||||
4 | subsection (e) of this Section 4.01, the ratio of
the total | ||||||
5 | amount distributed to a Service Board pursuant to subsection | ||||||
6 | (d)
of Section 4.01 for the immediately preceding calendar | ||||||
7 | year to the total
amount distributed to all of the Service | ||||||
8 | Boards pursuant to subsection (d)
of Section 4.01 for the | ||||||
9 | immediately preceding calendar year.
| ||||||
10 | (f) To carry out its duties and responsibilities under | ||||||
11 | this Act,
the Board shall employ staff which shall: (1) | ||||||
12 | propose for adoption by the Board of the Authority rules for | ||||||
13 | the Service Boards that establish (i) forms and schedules to | ||||||
14 | be used and information required to be provided with respect | ||||||
15 | to a five-year capital program, annual budgets, and two-year | ||||||
16 | financial plans and regular reporting of actual results | ||||||
17 | against adopted budgets and financial plans, (ii) financial | ||||||
18 | practices to be followed in the budgeting and expenditure of | ||||||
19 | public funds, (iii) assumptions and projections that must be | ||||||
20 | followed in preparing and submitting its annual budget and | ||||||
21 | two-year financial plan or a five-year capital program; (2) | ||||||
22 | evaluate for
the Board public transportation programs operated | ||||||
23 | or proposed by
the Service Boards and
transportation agencies | ||||||
24 | in terms of the goals and objectives set out in the Strategic | ||||||
25 | Plan; (3)
keep the Board and the public informed of the extent | ||||||
26 | to which the Service Boards and transportation agencies are |
| |||||||
| |||||||
1 | meeting the goals and objectives adopted by the Authority in | ||||||
2 | the Strategic Plan; and (4) assess the efficiency or adequacy | ||||||
3 | of public transportation services provided by a Service Board | ||||||
4 | and make recommendations for change in that service
to the end | ||||||
5 | that the moneys
available to the Authority may be
expended in | ||||||
6 | the most economical manner possible with the least possible
| ||||||
7 | duplication. | ||||||
8 | (g) All
Service Boards, transportation agencies, | ||||||
9 | comprehensive planning agencies, including the Chicago | ||||||
10 | Metropolitan Agency for Planning, or
transportation planning | ||||||
11 | agencies in the metropolitan region shall
furnish to the | ||||||
12 | Authority
such information pertaining to public
transportation | ||||||
13 | or relevant for plans therefor as it may from time to time
| ||||||
14 | require. The Executive Director, or his or her designee, | ||||||
15 | shall, for the purpose of
securing any such information | ||||||
16 | necessary or appropriate to carry out any of the powers and | ||||||
17 | responsibilities of the Authority under this Act, have access | ||||||
18 | to, and the right to examine, all
books, documents, papers or | ||||||
19 | records of a Service Board or any transportation
agency | ||||||
20 | receiving funds from the Authority
or Service Board, and such | ||||||
21 | Service Board or transportation agency shall comply with any | ||||||
22 | request by the Executive Director, or his or her designee, | ||||||
23 | within 30 days or an extended time provided by the Executive | ||||||
24 | Director.
| ||||||
25 | (h) No Service Board shall undertake any capital | ||||||
26 | improvement which is not identified in the Five-Year Capital |
| |||||||
| |||||||
1 | Program.
| ||||||
2 | (i) Each Service Board shall furnish to the Board access | ||||||
3 | to its financial information including, but not limited to, | ||||||
4 | audits and reports. The Board shall have real-time access to | ||||||
5 | the financial information of the Service Boards; however, the | ||||||
6 | Board shall be granted read-only access to the Service Board's | ||||||
7 | financial information. | ||||||
8 | (Source: P.A. 102-678, eff. 12-10-21.)
| ||||||
9 | (70 ILCS 3615/4.09) (from Ch. 111 2/3, par. 704.09)
| ||||||
10 | Sec. 4.09. Public Transportation Fund and the Regional | ||||||
11 | Transportation
Authority Occupation and Use Tax Replacement | ||||||
12 | Fund.
| ||||||
13 | (a)(1)
Except as otherwise provided in paragraph (4), as | ||||||
14 | soon as possible after
the first day of each month, beginning | ||||||
15 | July 1, 1984, upon certification of
the Department of Revenue, | ||||||
16 | the Comptroller shall order transferred and the
Treasurer | ||||||
17 | shall transfer from the General Revenue Fund to a special fund | ||||||
18 | in the State Treasury to be known as the Public
Transportation | ||||||
19 | Fund an amount equal to 25% of the net revenue, before the
| ||||||
20 | deduction of the serviceman and retailer discounts pursuant to | ||||||
21 | Section 9 of
the Service Occupation Tax Act and Section 3 of | ||||||
22 | the Retailers' Occupation
Tax Act, realized from
any tax | ||||||
23 | imposed by the Authority pursuant to
Sections 4.03 and 4.03.1 | ||||||
24 | and 25% of the amounts deposited into the Regional
| ||||||
25 | Transportation Authority tax fund created by Section 4.03 of |
| |||||||
| |||||||
1 | this Act, from
the County and Mass Transit District Fund as | ||||||
2 | provided in Section 6z-20 of
the State Finance Act and 25% of | ||||||
3 | the amounts deposited into the Regional
Transportation | ||||||
4 | Authority Occupation and Use Tax Replacement Fund from the
| ||||||
5 | State and Local Sales Tax Reform Fund as provided in Section | ||||||
6 | 6z-17 of the
State Finance Act.
On the first day of the month | ||||||
7 | following the date that the Department receives revenues from | ||||||
8 | increased taxes under Section 4.03(m) as authorized by Public | ||||||
9 | Act 95-708, in lieu of the transfers authorized in the | ||||||
10 | preceding sentence, upon certification of the Department of | ||||||
11 | Revenue, the Comptroller shall order transferred and the | ||||||
12 | Treasurer shall transfer from the General Revenue Fund to the | ||||||
13 | Public Transportation Fund an amount equal to 25% of the net | ||||||
14 | revenue, before the deduction of the serviceman and retailer | ||||||
15 | discounts pursuant to Section 9 of the Service Occupation Tax | ||||||
16 | Act and Section 3 of the Retailers' Occupation Tax Act, | ||||||
17 | realized from (i) 80% of the proceeds of any tax imposed by the | ||||||
18 | Authority at a rate of 1.25% in Cook County, (ii) 75% of the | ||||||
19 | proceeds of any tax imposed by the Authority at the rate of 1% | ||||||
20 | in Cook County, and (iii) one-third of the proceeds of any tax | ||||||
21 | imposed by the Authority at the rate of 0.75% in the Counties | ||||||
22 | of DuPage, Kane, Lake, McHenry, and Will, all pursuant to | ||||||
23 | Section 4.03, and 25% of the net revenue realized from any tax | ||||||
24 | imposed by the Authority pursuant to Section 4.03.1, and 25% | ||||||
25 | of the amounts deposited into the Regional Transportation | ||||||
26 | Authority tax fund created by Section 4.03 of this Act from the |
| |||||||
| |||||||
1 | County and Mass Transit District Fund as provided in Section | ||||||
2 | 6z-20 of the State Finance Act, and 25% of the amounts | ||||||
3 | deposited into the Regional Transportation Authority | ||||||
4 | Occupation and Use Tax Replacement Fund from the State and | ||||||
5 | Local Sales Tax Reform Fund as provided in Section 6z-17 of the | ||||||
6 | State Finance Act. As used in this Section, net revenue | ||||||
7 | realized for a month shall be the revenue
collected by the | ||||||
8 | State pursuant to Sections 4.03 and 4.03.1 during the
previous | ||||||
9 | month from within the metropolitan region, less the amount | ||||||
10 | paid
out during that same month as refunds to taxpayers for | ||||||
11 | overpayment of
liability in the metropolitan region under | ||||||
12 | Sections 4.03 and 4.03.1. | ||||||
13 | Notwithstanding any provision of law to the contrary, | ||||||
14 | beginning on July 6, 2017 (the effective date of Public Act | ||||||
15 | 100-23), those amounts required under this paragraph (1) of | ||||||
16 | subsection (a) to be transferred by the Treasurer into the | ||||||
17 | Public Transportation Fund from the General Revenue Fund shall | ||||||
18 | be directly deposited into the Public Transportation Fund as | ||||||
19 | the revenues are realized from the taxes indicated.
| ||||||
20 | (2) Except as otherwise provided in paragraph (4), on | ||||||
21 | February 1, 2009 (the first day of the month following the | ||||||
22 | effective date of Public Act 95-708) and each month | ||||||
23 | thereafter, upon certification by the Department of Revenue, | ||||||
24 | the Comptroller shall order transferred and the Treasurer | ||||||
25 | shall transfer from the General Revenue Fund to the Public | ||||||
26 | Transportation Fund an amount equal to 5% of the net revenue, |
| |||||||
| |||||||
1 | before the deduction of the serviceman and retailer discounts | ||||||
2 | pursuant to Section 9 of the Service Occupation Tax Act and | ||||||
3 | Section 3 of the Retailers' Occupation Tax Act, realized from | ||||||
4 | any tax imposed by the Authority pursuant to Sections 4.03 and | ||||||
5 | 4.03.1 and certified by the Department of Revenue under | ||||||
6 | Section 4.03(n) of this Act to be paid to the Authority and 5% | ||||||
7 | of the amounts deposited into the Regional Transportation | ||||||
8 | Authority tax fund created by Section 4.03 of this Act from the | ||||||
9 | County and Mass Transit District Fund as provided in Section | ||||||
10 | 6z-20 of the State Finance Act, and 5% of the amounts deposited | ||||||
11 | into the Regional Transportation Authority Occupation and Use | ||||||
12 | Tax Replacement Fund from the State and Local Sales Tax Reform | ||||||
13 | Fund as provided in Section 6z-17 of the State Finance Act, and | ||||||
14 | 5% of the revenue realized by the Chicago Transit Authority as | ||||||
15 | financial assistance from the City of Chicago from the | ||||||
16 | proceeds of any tax imposed by the City of Chicago under | ||||||
17 | Section 8-3-19 of the Illinois Municipal Code.
| ||||||
18 | Notwithstanding any provision of law to the contrary, | ||||||
19 | beginning on July 6, 2017 (the effective date of Public Act | ||||||
20 | 100-23), those amounts required under this paragraph (2) of | ||||||
21 | subsection (a) to be transferred by the Treasurer into the | ||||||
22 | Public Transportation Fund from the General Revenue Fund shall | ||||||
23 | be directly deposited into the Public Transportation Fund as | ||||||
24 | the revenues are realized from the taxes indicated. | ||||||
25 | (3) Except as otherwise provided in paragraph (4), as soon | ||||||
26 | as possible after the first day of January, 2009 and each month |
| |||||||
| |||||||
1 | thereafter, upon certification of the Department of Revenue | ||||||
2 | with respect to the taxes collected under Section 4.03, the | ||||||
3 | Comptroller shall order transferred and the Treasurer shall | ||||||
4 | transfer from the General Revenue Fund to the Public | ||||||
5 | Transportation Fund an amount equal to 25% of the net revenue, | ||||||
6 | before the deduction of the serviceman and retailer discounts | ||||||
7 | pursuant to Section 9 of the Service Occupation Tax Act and | ||||||
8 | Section 3 of the Retailers' Occupation Tax Act, realized from | ||||||
9 | (i) 20% of the proceeds of any tax imposed by the Authority at | ||||||
10 | a rate of 1.25% in Cook County, (ii) 25% of the proceeds of any | ||||||
11 | tax imposed by the Authority at the rate of 1% in Cook County, | ||||||
12 | and (iii) one-third of the proceeds of any tax imposed by the | ||||||
13 | Authority at the rate of 0.75% in the Counties of DuPage, Kane, | ||||||
14 | Lake, McHenry, and Will, all pursuant to Section 4.03, and the | ||||||
15 | Comptroller shall order transferred and the Treasurer shall | ||||||
16 | transfer from the General Revenue Fund to the Public | ||||||
17 | Transportation Fund (iv) an amount equal to 25% of the revenue | ||||||
18 | realized by the Chicago Transit Authority as financial | ||||||
19 | assistance from the City of Chicago from the proceeds of any | ||||||
20 | tax imposed by the City of Chicago under Section 8-3-19 of the | ||||||
21 | Illinois Municipal Code.
| ||||||
22 | Notwithstanding any provision of law to the contrary, | ||||||
23 | beginning on July 6, 2017 (the effective date of Public Act | ||||||
24 | 100-23), those amounts required under this paragraph (3) of | ||||||
25 | subsection (a) to be transferred by the Treasurer into the | ||||||
26 | Public Transportation Fund from the General Revenue Fund shall |
| |||||||
| |||||||
1 | be directly deposited into the Public Transportation Fund as | ||||||
2 | the revenues are realized from the taxes indicated. | ||||||
3 | (4) Notwithstanding any provision of law to the contrary, | ||||||
4 | of the transfers to be made under paragraphs (1), (2), and (3) | ||||||
5 | of this subsection (a) from the General Revenue Fund to the | ||||||
6 | Public Transportation Fund, the first $150,000,000 that would | ||||||
7 | have otherwise been transferred from the General Revenue Fund | ||||||
8 | shall be transferred from the Road Fund. The remaining balance | ||||||
9 | of such transfers shall be made from the General Revenue Fund. | ||||||
10 | (5) (Blank). | ||||||
11 | (6) (Blank). | ||||||
12 | (7) For State fiscal year 2020 only, notwithstanding any | ||||||
13 | provision of law to the contrary, the total amount of revenue | ||||||
14 | and deposits under this Section attributable to revenues | ||||||
15 | realized during State fiscal year 2020 shall be reduced by 5%. | ||||||
16 | (8) For State fiscal year 2021 only, notwithstanding any | ||||||
17 | provision of law to the contrary, the total amount of revenue | ||||||
18 | and deposits under this Section attributable to revenues | ||||||
19 | realized during State fiscal year 2021 shall be reduced by 5%.
| ||||||
20 | (b)(1) All moneys deposited in the Public Transportation | ||||||
21 | Fund and the
Regional Transportation Authority Occupation and | ||||||
22 | Use Tax Replacement Fund,
whether deposited pursuant to this | ||||||
23 | Section or otherwise, are allocated to
the Authority, except | ||||||
24 | for amounts appropriated to the Office of the Executive | ||||||
25 | Inspector General as authorized by subsection (h) of Section | ||||||
26 | 4.03.3 and amounts transferred to the Audit Expense Fund |
| |||||||
| |||||||
1 | pursuant to Section 6z-27 of the State Finance Act. The | ||||||
2 | Comptroller, as soon as
possible after each monthly transfer | ||||||
3 | provided in this Section and after
each deposit into the | ||||||
4 | Public Transportation Fund, shall order the Treasurer
to pay | ||||||
5 | to the Authority out of the Public Transportation Fund the | ||||||
6 | amount so
transferred or deposited. Any Additional State | ||||||
7 | Assistance and Additional Financial Assistance paid to the | ||||||
8 | Authority under this Section shall be expended by the | ||||||
9 | Authority for its purposes as provided in this Act. The | ||||||
10 | balance of the amounts paid to the Authority from the Public | ||||||
11 | Transportation Fund shall be expended by the Authority as | ||||||
12 | provided in Section 4.03.3. The
Comptroller,
as soon as | ||||||
13 | possible after each deposit into the Regional Transportation
| ||||||
14 | Authority Occupation and Use Tax Replacement Fund provided in | ||||||
15 | this Section
and Section 6z-17 of the State Finance Act, shall | ||||||
16 | order the Treasurer
to pay to the Authority out of the Regional | ||||||
17 | Transportation Authority
Occupation and Use Tax Replacement | ||||||
18 | Fund the amount so deposited. Such
amounts paid to the | ||||||
19 | Authority may be expended by it for its purposes as
provided in | ||||||
20 | this Act. The provisions directing the distributions from the | ||||||
21 | Public Transportation Fund and the Regional Transportation | ||||||
22 | Authority Occupation and Use Tax Replacement Fund provided for | ||||||
23 | in this Section shall constitute an irrevocable and continuing | ||||||
24 | appropriation of all amounts as provided herein. The State | ||||||
25 | Treasurer and State Comptroller are hereby authorized and | ||||||
26 | directed to make distributions as provided in this Section. |
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1 | (2) Provided, however, no moneys deposited under subsection | |||||||||||||||||||||||||||||||||||||||||
2 | (a)
of this Section shall be paid from the Public | |||||||||||||||||||||||||||||||||||||||||
3 | Transportation
Fund to the Authority or its assignee for any | |||||||||||||||||||||||||||||||||||||||||
4 | fiscal year until the Authority has certified to
the Governor, | |||||||||||||||||||||||||||||||||||||||||
5 | the Comptroller, and the Mayor of the City of Chicago that it
| |||||||||||||||||||||||||||||||||||||||||
6 | has adopted for that fiscal year an Annual Budget and Two-Year | |||||||||||||||||||||||||||||||||||||||||
7 | Financial Plan
meeting the
requirements in Section 4.01(b).
| |||||||||||||||||||||||||||||||||||||||||
8 | (c) In recognition of the efforts of the Authority to | |||||||||||||||||||||||||||||||||||||||||
9 | enhance the mass
transportation facilities under its control, | |||||||||||||||||||||||||||||||||||||||||
10 | the State shall provide
financial assistance ("Additional | |||||||||||||||||||||||||||||||||||||||||
11 | State Assistance") in excess of the
amounts transferred to the | |||||||||||||||||||||||||||||||||||||||||
12 | Authority from the General Revenue Fund under
subsection (a) | |||||||||||||||||||||||||||||||||||||||||
13 | of this Section. Additional State Assistance shall be
| |||||||||||||||||||||||||||||||||||||||||
14 | calculated as provided in
subsection (d), but shall in no | |||||||||||||||||||||||||||||||||||||||||
15 | event exceed the following
specified amounts with respect to | |||||||||||||||||||||||||||||||||||||||||
16 | the following State fiscal years:
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1 | (c-5) The State shall provide financial assistance | |||||||||||||||||||||||||||||
2 | ("Additional Financial
Assistance") in addition to the | |||||||||||||||||||||||||||||
3 | Additional State Assistance provided by
subsection (c) and the | |||||||||||||||||||||||||||||
4 | amounts transferred to the Authority from the General
Revenue | |||||||||||||||||||||||||||||
5 | Fund under subsection (a) of this Section. Additional | |||||||||||||||||||||||||||||
6 | Financial
Assistance provided by this subsection shall be | |||||||||||||||||||||||||||||
7 | calculated as provided in
subsection (d), but shall in no | |||||||||||||||||||||||||||||
8 | event exceed the following specified amounts
with respect to | |||||||||||||||||||||||||||||
9 | the following State fiscal years:
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17 | (d) Beginning with State fiscal year 1990 and continuing | |||||||||||||||||||||||||||||
18 | for each
State fiscal year thereafter, the Authority shall | |||||||||||||||||||||||||||||
19 | annually certify to the
State Comptroller and State Treasurer, | |||||||||||||||||||||||||||||
20 | separately with respect to each of
subdivisions (g)(2) and | |||||||||||||||||||||||||||||
21 | (g)(3) of Section 4.04 of this Act, the following
amounts:
| |||||||||||||||||||||||||||||
22 | (1) The amount necessary and required, during the | |||||||||||||||||||||||||||||
23 | State fiscal year with
respect to which the certification | |||||||||||||||||||||||||||||
24 | is made, to pay its obligations for debt
service on all | |||||||||||||||||||||||||||||
25 | outstanding bonds or notes issued by the Authority under | |||||||||||||||||||||||||||||
26 | subdivisions (g)(2) and (g)(3) of
Section 4.04 of this |
| |||||||
| |||||||
1 | Act.
| ||||||
2 | (2) An estimate of the amount necessary and required | ||||||
3 | to pay its
obligations for debt service for any bonds or | ||||||
4 | notes which the Authority anticipates it
will issue under | ||||||
5 | subdivisions (g)(2) and (g)(3) of Section 4.04 during
that | ||||||
6 | State fiscal year.
| ||||||
7 | (3) Its debt service savings during the preceding | ||||||
8 | State fiscal year
from refunding or advance refunding of | ||||||
9 | bonds or notes issued under subdivisions
(g)(2) and (g)(3) | ||||||
10 | of Section 4.04.
| ||||||
11 | (4) The amount of interest, if any, earned by the | ||||||
12 | Authority during the
previous State fiscal year on the | ||||||
13 | proceeds of bonds or notes issued pursuant to
subdivisions | ||||||
14 | (g)(2) and (g)(3) of Section 4.04, other than refunding or | ||||||
15 | advance
refunding bonds or notes.
| ||||||
16 | The certification shall include a specific
schedule of | ||||||
17 | debt service payments, including the date and amount of each
| ||||||
18 | payment for all outstanding bonds or notes and an estimated | ||||||
19 | schedule of
anticipated debt service for all bonds and notes | ||||||
20 | it intends to issue, if any,
during that State fiscal year, | ||||||
21 | including the estimated date and estimated
amount of each | ||||||
22 | payment.
| ||||||
23 | Immediately upon the issuance of bonds for which an | ||||||
24 | estimated schedule
of debt service payments was prepared, the | ||||||
25 | Authority shall file an amended
certification with respect to | ||||||
26 | item (2) above, to specify the actual
schedule of debt service |
| |||||||
| |||||||
1 | payments, including the date and amount of each
payment, for | ||||||
2 | the remainder of the State fiscal year.
| ||||||
3 | On the first day of each month of the
State fiscal year in | ||||||
4 | which there are bonds outstanding with respect to which
the | ||||||
5 | certification is made, the State Comptroller shall order | ||||||
6 | transferred and
the State Treasurer shall transfer from the | ||||||
7 | Road Fund to the
Public Transportation Fund the Additional | ||||||
8 | State Assistance and Additional
Financial Assistance in an | ||||||
9 | amount equal to the aggregate of
(i) one-twelfth of the sum of | ||||||
10 | the amounts certified under items
(1) and (3) above less the | ||||||
11 | amount certified under item (4) above, plus
(ii)
the amount | ||||||
12 | required to pay debt service on bonds and notes
issued during | ||||||
13 | the fiscal year, if any, divided by the number of months
| ||||||
14 | remaining in the fiscal year after the date of issuance, or | ||||||
15 | some smaller
portion as may be necessary under subsection (c)
| ||||||
16 | or (c-5) of this Section for the relevant State fiscal year, | ||||||
17 | plus
(iii) any cumulative deficiencies in transfers for prior | ||||||
18 | months,
until an amount equal to the
sum of the amounts | ||||||
19 | certified under items (1) and (3) above,
plus the actual debt | ||||||
20 | service certified under item (2) above,
less the amount | ||||||
21 | certified under item (4) above,
has been transferred; except | ||||||
22 | that these transfers are subject to the
following limits:
| ||||||
23 | (A) In no event shall the total transfers in any State | ||||||
24 | fiscal
year relating to outstanding bonds and notes issued | ||||||
25 | by the Authority under
subdivision (g)(2) of Section 4.04 | ||||||
26 | exceed the lesser of the annual maximum
amount specified |
| |||||||
| |||||||
1 | in subsection (c) or the sum of the amounts
certified | ||||||
2 | under items (1) and (3) above,
plus the actual debt | ||||||
3 | service certified under item (2) above,
less the amount | ||||||
4 | certified under item
(4) above, with respect to those | ||||||
5 | bonds and notes.
| ||||||
6 | (B) In no event shall the total transfers in any State | ||||||
7 | fiscal year
relating to outstanding bonds and notes issued | ||||||
8 | by the Authority under
subdivision (g)(3) of Section 4.04 | ||||||
9 | exceed the lesser of the annual maximum
amount specified | ||||||
10 | in subsection (c-5) or the sum of the amounts certified | ||||||
11 | under
items (1) and (3) above,
plus the actual debt | ||||||
12 | service certified under item (2) above,
less the amount | ||||||
13 | certified under item (4) above, with
respect to those | ||||||
14 | bonds and notes.
| ||||||
15 | The term "outstanding" does not include bonds or notes for | ||||||
16 | which
refunding or advance refunding bonds or notes have been | ||||||
17 | issued.
| ||||||
18 | (e) Neither Additional State Assistance nor Additional | ||||||
19 | Financial
Assistance may be pledged, either directly or
| ||||||
20 | indirectly as general revenues of the Authority, as security | ||||||
21 | for any bonds
issued by the Authority. The Authority may not | ||||||
22 | assign its right to receive
Additional State Assistance or | ||||||
23 | Additional Financial Assistance, or direct
payment of | ||||||
24 | Additional State
Assistance or Additional Financial | ||||||
25 | Assistance, to a trustee or any other
entity for the
payment of | ||||||
26 | debt service
on its bonds.
|
| |||||||
| |||||||
1 | (f) The certification required under subsection (d) with | ||||||
2 | respect to
outstanding bonds and notes of the Authority shall | ||||||
3 | be
filed as early as practicable before the beginning of the | ||||||
4 | State fiscal
year to which it relates. The certification shall | ||||||
5 | be revised as may be
necessary to accurately state the debt | ||||||
6 | service requirements of the Authority.
| ||||||
7 | (g) Within 6 months of the end of each fiscal year, the | ||||||
8 | Authority shall determine: | ||||||
9 | (i) whether
the aggregate of all system generated | ||||||
10 | revenues for public transportation
in the metropolitan | ||||||
11 | region which is provided by, or under grant or purchase
of | ||||||
12 | service contracts with, the Service Boards equals 50% of | ||||||
13 | the aggregate
of all costs of providing such public | ||||||
14 | transportation. "System generated
revenues" include all | ||||||
15 | the proceeds of fares and charges for services provided,
| ||||||
16 | contributions received in connection with public | ||||||
17 | transportation from units
of local government other than | ||||||
18 | the Authority, except for contributions received by the | ||||||
19 | Chicago Transit Authority from a real estate transfer tax | ||||||
20 | imposed under subsection (i) of Section 8-3-19 of the | ||||||
21 | Illinois Municipal Code, and from the State pursuant
to | ||||||
22 | subsection (i) of Section 2705-305 of the Department of | ||||||
23 | Transportation Law, and all other revenues properly | ||||||
24 | included consistent
with generally accepted accounting | ||||||
25 | principles but may not include: the proceeds
from any | ||||||
26 | borrowing, and, beginning with the 2007 fiscal year, all |
| |||||||
| |||||||
1 | revenues and receipts, including but not limited to fares | ||||||
2 | and grants received from the federal, State or any unit of | ||||||
3 | local government or other entity, derived from providing | ||||||
4 | ADA paratransit service pursuant to Section 2.30 of the | ||||||
5 | Regional Transportation Authority Act. "Costs" include all | ||||||
6 | items properly included as
operating costs consistent with | ||||||
7 | generally accepted accounting principles,
including | ||||||
8 | administrative costs, but do not include: depreciation; | ||||||
9 | payment
of principal and interest on bonds, notes or other | ||||||
10 | evidences of obligations
for borrowed money of the | ||||||
11 | Authority; payments with respect to public
transportation | ||||||
12 | facilities made pursuant to subsection (b) of Section | ||||||
13 | 2.20;
any payments with respect to rate protection | ||||||
14 | contracts, credit
enhancements or liquidity agreements | ||||||
15 | made under Section 4.14; any other
cost as to which it is | ||||||
16 | reasonably expected that a cash
expenditure will not be | ||||||
17 | made; costs for passenger
security including grants, | ||||||
18 | contracts, personnel, equipment and
administrative | ||||||
19 | expenses, except in the case of the Chicago Transit
| ||||||
20 | Authority, in which case the term does not include costs | ||||||
21 | spent annually by
that entity for protection against crime | ||||||
22 | as required by Section 27a of the
Metropolitan Transit | ||||||
23 | Authority Act; the costs of Debt Service paid by the | ||||||
24 | Chicago Transit Authority, as defined in Section 12c of | ||||||
25 | the Metropolitan Transit Authority Act, or bonds or notes | ||||||
26 | issued pursuant to that Section; the payment by the |
| |||||||
| |||||||
1 | Commuter Rail Division of debt service on bonds issued | ||||||
2 | pursuant to Section 3B.09; expenses incurred by the | ||||||
3 | Suburban Bus Division for the cost of new public | ||||||
4 | transportation services funded from grants pursuant to | ||||||
5 | Section 2.01e of this Act for a period of 2 years from the | ||||||
6 | date of initiation of each such service; costs as exempted | ||||||
7 | by the Board for
projects pursuant to Section 2.09 of this | ||||||
8 | Act; or, beginning with the 2007 fiscal year, expenses | ||||||
9 | related to providing ADA paratransit service pursuant to | ||||||
10 | Section 2.30 of the Regional Transportation Authority Act; | ||||||
11 | or in fiscal years 2008 through 2012 inclusive, costs in | ||||||
12 | the amount of $200,000,000 in fiscal year 2008, reducing | ||||||
13 | by $40,000,000 in each fiscal year thereafter until this | ||||||
14 | exemption is eliminated. If said system generated
revenues | ||||||
15 | are less than 50% of said costs, the Board shall remit an | ||||||
16 | amount
equal to the amount of the deficit to the State; | ||||||
17 | however, due to the fiscal impacts from the COVID-19 | ||||||
18 | pandemic, for fiscal years 2021, 2022, and 2023 , 2024, and | ||||||
19 | 2025 , no such payment shall be required. The Treasurer | ||||||
20 | shall
deposit any such payment in the Road Fund; and
| ||||||
21 | (ii) whether, beginning with the 2007 fiscal year, the | ||||||
22 | aggregate of all fares charged and received for ADA | ||||||
23 | paratransit services equals the system generated ADA | ||||||
24 | paratransit services revenue recovery ratio percentage of | ||||||
25 | the aggregate of all costs of providing such ADA | ||||||
26 | paratransit services.
|
| |||||||
| |||||||
1 | (h) If the Authority makes any payment to the State under | ||||||
2 | paragraph (g),
the Authority shall reduce the amount provided | ||||||
3 | to a Service Board from funds
transferred under paragraph (a) | ||||||
4 | in proportion to the amount by which
that Service Board failed | ||||||
5 | to meet its required system generated revenues
recovery ratio. | ||||||
6 | A Service Board which is affected by a reduction in funds
under | ||||||
7 | this paragraph shall submit to the Authority concurrently with | ||||||
8 | its
next due quarterly report a revised budget incorporating | ||||||
9 | the reduction in
funds. The revised budget must meet the | ||||||
10 | criteria specified in clauses (i)
through (vi) of Section | ||||||
11 | 4.11(b)(2). The Board shall review and act on the
revised | ||||||
12 | budget as provided in Section 4.11(b)(3).
| ||||||
13 | (Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20; | ||||||
14 | 102-678, eff. 12-10-21.)
| ||||||
15 | Section 90. The State Mandates Act is amended by adding | ||||||
16 | Section 8.47 as follows:
| ||||||
17 | (30 ILCS 805/8.47 new) | ||||||
18 | Sec. 8.47. Exempt mandate. Notwithstanding Sections 6 and | ||||||
19 | 8 of this Act, no reimbursement by the State is required for | ||||||
20 | the implementation of the mandate created by Section 2.10a of | ||||||
21 | the Regional Transportation Authority Act in this amendatory | ||||||
22 | Act of the 103rd General Assembly.
| ||||||
23 | Section 99. Effective date. This Section and Sections 2.41 | ||||||
24 | and 2.42 of the Regional Transportation Authority Act take |
| |||||||
| |||||||
1 | effect upon becoming law.
|